Legal AF by MeidasTouch - VERY CREEPY Don Jr. IMPLODES on Witness Stand, Strategy BACKFIRES

Episode Date: November 13, 2023

Sex lies and videotape. Don jr. takes the stand in his own defense in civil court, creepily asks the court sketch artist to make him look sexy; lies about the size of one of their properties and tries to charm the judge like a snake oil salesman. Former Prosecutor and Host of Legal AF, Karen Friedman Agnifilo reports. To claim your match go to https://givewell.org and pick podcast and enter Legal AF by MeidasTouch at checkout! Visit https://meidastouch.com for more! Remember to subscribe to ALL the MeidasTouch Network Podcasts: MeidasTouch: https://www.meidastouch.com/tag/meidastouch-podcast Legal AF: https://www.meidastouch.com/tag/legal-af The PoliticsGirl Podcast: https://www.meidastouch.com/tag/the-politicsgirl-podcast The Influence Continuum: https://www.meidastouch.com/tag/the-influence-continuum-with-dr-steven-hassan Mea Culpa with Michael Cohen: https://www.meidastouch.com/tag/mea-culpa-with-michael-cohen The Weekend Show: https://www.meidastouch.com/tag/the-weekend-show Burn the Boats: https://www.meidastouch.com/tag/burn-the-boats Majority 54: https://www.meidastouch.com/tag/majority-54 Political Beatdown: https://www.meidastouch.com/tag/political-beatdown Lights On with Jessica Denson: https://www.meidastouch.com/tag/lights-on-with-jessica-denson On Democracy with FP Wellman: https://www.meidastouch.com/tag/on-democracy-with-fpwellman Uncovered: https://www.meidastouch.com/tag/maga-uncovered Learn more about your ad choices. Visit megaphone.fm/adchoices

These side marios all you can eat is all you can match a soup salad and garlic home Don jr returns to the witness stand in the civil broad case here in New York Now how is that happening? How is it that he's called to the stand twice? So let's talk about that and talk about how this works and why he will have testified a couple of times. The answer is because this is a civil case, not a criminal case, which is very different in terms of the rules of who you can call as a witness in your case or not.

And although he's a defendant, the attorney general is allowed to depose him as well as his father, his brother, his sister, etc. other witnesses. You take depositions in civil cases in New York, not in criminal cases. So they've already been deposed and you're allowed to call them in your case in chief. So you, which means they're going to be hostile witnesses because they're defendants, but you can cross examine them to get information out of them for your direct case.

Now, the person can take the fifth if they want, but then because again, it's a civil case, the judge can, it's called an adverse inference against you. They can find that, look, I'm gonna infer the worst. I'm gonna infer that you would have said something negative. Had you testified if you take the fifth. So it's just totally different and a little bit bonkers for me who came up in the criminal world that you can do that. And this is a judge trial, not a jury trial. So the judge here,

Judge Arthur and Goron is the finder of fact and he's also the person who determines what the law is and it's clear the way he's ruling giving the the defense a lot of leeway that he doesn't want to get reversed which I think is a smart thing you don't want to have to go through this all over again which is what could happen if he gets reversed. So the attorney general, Latisha James, who is an independently elected state official in New York having nothing to do with the Biden administration, unlike what Trump says. She is bringing this case, and she, the lawyers in her office called Donald Trump,

Don Jr., Eric Trump, and Ivanka Trump, among other people, including Alan Lyselberg and others, to the witness stand in her direct case. And Don Jr., when he testified, he was cross-examined by the, you know, he was undirect, but he was cross-examined, he testified and his, the lawyers didn't, didn't also ask him questions at the time. And the reason that would be done strategically is because the judge, when considering at the end of the plaintiff's case, or here, it's the government's case,

will entertain what's called emotion to dismiss or emotion for directed verdict, which means the defense will say, you know, even if you take all the evidence that's come in in light most favorable to the plaintiff, we still win, because the law doesn't apply. When you apply the law to the facts, they haven't met their burden, which here is a preponderance of the evidence, which is a much lower burden of proof than in a criminal case, which is proof beyond a reasonable doubt. And so it's very common at the end of the direct case for someone to make that directed

verdict. Now, the reason they don't cross, the reason his lawyers didn't ask him questions during the government's direct case is because then he would have added to the record of the direct case and they want to be able to make the motion for a directed verdict which they did at the end of the government's case. So, and they didn't want to add anything to that. It's also for appeal, right? So instead they wait to call him on their own case, which they have.

He's the first defense witness and he undirect you. It's not yes, it's yes or no question. It's not yes or no questions. It's you say, so tell me, you know, what happened next? That's that's my favorite phase when you're on, when you're a lawyer asking questions on direct. You know, what's your name? What's your job? Where do you live? Tell us a little about yourself. Okay, did you work for the Trump organization? Yes, I did What did you do there? And what was your job responsibility? And the person goes on and on and on and on right? You're not asking yesterday

No questions, which is what cross-examination is so you say things like isn't it true that you were not You know, you didn't go to work that day right whatever it is whatever is whatever you're trying to elicit. That's like a yes or no question That's what cross examination is so this is his direct examination This is and it's clear he knows who his audience is he knows that this is a judge case And he's trying to charm the judge and by all accounts He seems to be charming the judge. They're laughing. He's looking at the judge You know, but it sounds like he's

almost charming and like a snake whale salesman, frankly, from just the reporting that I'm reading. But he is, you know, he's doing what he should be trying to do, which is, you know, explain his side of the story to the judge. And he he's testifying boasting about the incredible assets that the Trump organization has, you know, The company was an international organization, run like a mom and pop, was another quote. It's, you know, we weren't big into titles, it was a meritocracy, and we were a success, a uniquely successful real estate company

because the diversity of what we had, the value of the properties, you know, the kids, all of us, we occupied our own lanes, you know, Eric and I got the most responsibility by far when daddy became president, you know, that kind of stuff. So the judge, you know, apparently welcomed him to the stand. He said, you know, and then when he got up to testify, he said, you know, welcome, welcome to the stand. And then I guess Don Jr said, you know, look at, I would say it's good to be here, but then the attorney general would sue me for perjury. And then of course everyone starts

laughing. So, you know, he's doing a good job at bringing down, you know, bringing things down, not having it be tense and combative the way his father had it. And really charming everybody. But he said a few things and I thought we're kind of gross. He goes kind of gross, he says to the courtroom sketch artist, make me look sexy. And he also, at one point said, the company would push the envelope when it came to sexiness within real estate. You know, like gross, that doesn't belong in court.

And I feel sorry for the courtroom sketch artist. Like, that's just so creepy to have some guy say something like that to you. So I just think it's really repulsive and looks a little more professional, but he learned from his father. So I guess, that makes sense. You're wondered where your donation could have the most impact. In 2007, a group of donors had that exact question. But when they sought out information from charities to help them answer this question, they instead received cute pictures or unhelpful stories. Their experience led them to create Give Well, an organization providing rigorous, transparent

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match, go to GiveWell.org and pick podcast and enter legal AF by MidasTouch at checkout. Make sure they know that you heard about Give Well from Legal AF by MidasTouch to get your donation matched. Again, that's givewell.org to donate or find out more. He talked, you know, in praise of Alan Weisselberg, but also distance himself from that. And he talked up all the properties, you know, he said, he basically said that his dad is a visionary, that his dad invented the hotel condo, like one building, you have hotel rooms and apartment buildings with all the amenities

that a hotel would have like a gym and movie theaters and all the amenities, luxury amenities, you know, my dad invented that, which I'd be surprised about that, but maybe who knows? He talks about the history of the Trump organization, talks about his grandfather, Fred Trump. The A.J. objected a little bit to the history lesson, but the judge said, you know, look, it's relevant. Let them keep going. You took six weeks for your case. Let's give them some time to do their case.

He talks about moral logo being an American castle. You know, lots of bragging, apparently. And, you know, maybe he's sincere, who knows? But it sounded to me from, I guess, again, just reading what I read, but this was like marketing, right? He was all about marketing his properties, just like his dad. And you know, like the attorney general, their case, it's boring. It's a white collar case. It's a lot of emails. It's a lot of spreadsheets. It's a lot of numbers. You don't have a lot of passionate, intense witnesses when you have a white collar case. They are really boring. But I guess what he's doing is he starts showing the website of the Trump organization, photos of luxury properties,

and he literally looked like a snake oil salesman, trying to sell a time share or something. He also said his job was he handled the lease, or the leasing, I should say, for 40 Wall Street, and he talked about how the 40 Wall Street used to be part of the Federal Reserve, where gold was kept and there are these spectacular vaults, you know, these big bank vaults in the wall.

And I will admit, those are pretty spectacular. And any, I've been to a few restaurants in New York that are in old bank vaults that they've left that as a design feature partly because I'm sure they can't get them out of the building. They're so heavy and big that they are pretty spectacular. And he did call those spectacular and mechanical works of art. Anyway, according to the people in the room, the Attorney General's Office looked visibly frustrated at some point. Latisha James actually got up and left and left the courtroom. She's been there

a lot during court. Maybe she had somewhere else to go, who knows? But she left. But there was one interesting feature that came up was he, they also displayed a, I don't know whether it's the website or some kind of advertisement for this 40 Wall Street. And it's like a glossy, you know, how this 40 Wall Street. And it's like a glossy, how great 40 Wall Street is. This, and it is a great, beautiful building in New York. And it basically describes it as a 72 story building

in this glossy filing. Well, apparently if you, somebody fact checked it, and there's a bond filing with the SEC, and according to this bond filing with the SEC, it's actually, I think, 62 floors, not 72 floors. So there's just so many exaggerations and so many lies that they don't even keep track of them anymore. Like, the fact that they would show that in a court about lying and about exaggerating

shows they're not even careful, they're not even trying, right? They just, they are, everything is just built up lies. It is built up exaggerations, which is kind of, if I was the attorney general, I would sum up and say, you know, the thing speaks for itself, restypsilocotards, a Latin phrase from law school that you learn, it just means the thing speaks for itself, you know, or exhibit A that they exaggerate and lie about things. Here, in their own case, they put this up.

Anyway, but like I said, his so far, what he's talking about is a lot of charm. He says things like, oh, the golf, the Dural golf club, it's the most incredible thing ever. It's beautiful. And again, he sounds like a snake oil salesman. But then he jokingly says, but I'm not a golfer. I've been relegated to the kids table for the rest of eternity. He just makes everybody laugh. He tries to charm everybody. Anyway, so Judge and Goran is giving him a lot of leeway. We'll see. He's letting

him put in something that Judge and Goran described as a stupid document, which I guess I, but he's letting him do it, letting him try his case, which I think he should do. Let them try their case. So what that some of it is irrelevant. It's somewhat relevant. This is what they want to say. This is all they have to say.

There's some stuff coming in that's unclear why it's even being elicited, right? They're talking at some point about how how many people the family business employees and how many people were involved in their projects and how much the organization paid in taxes. And he'll say, a lot of people, I'm not really sure how many, but I don't know, big numbers of taxes. It's unclear why they

elicited this testimony and why they're saying these things to show that he doesn't know much, but I guess that's what they're doing. And we'll see if that's effective. So, anyway, that's what Don Jr. is talking about in his case. And as I said, they just can't stop lying. So hopefully the judge will see that and we'll see what the judge rules. But I'm Karen Friedman Agnifalo. Stay informed, stay tuned to Legal AF. Every Wednesday and Saturday join me

and my co-host Ben, my cell is a Michael Popa. Thanks for joining. Hey, Midas Mighty. Love this report. Continue the conversation by following us on Instagram. At Midas Touch, to keep up with the most important news of the day, what are you waiting for? Follow us now.