Perjury requires knowingly making a material false statement under oath, and courts must evaluate whether such statements are material enough to influence proceedings; prosecuting individuals for minor procedural errors when they are adversaries of powerful political figures may violate due process rights and constitute inappropriate selective prosecution.
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Trump Prosecutors Launch EXPLOSIVE NEW Probe Into E. Jean CarrollHinzugefügt:
Hi everyone, Harry here to talk about the latest nasty personal reprisal prosecution, plain and simple. This one of Eugene Carol, the woman who uh alleged that Trump had assaulted her many years ago in a Burgdorf Goodman department store. Uh and Trump made disparaging comments about her in uh response. uh that was when he wasn't president and then he did it again when he was and all this gave rise to two lawsuits on her part. one for the first defamation, the other for the second de defamation combined with a suit under New York laws. Uh then recently enacted statute letting survivors of sexual abuse bring cases within a year period for assaults that um had long since outdated the statute of limitations, but New York passed a special law saying you could bring them. Okay. the uh Trump administration and a Chicago US attorney, the same guy we talked about a few days ago, whose team had completely blundered in the grand jury, and then he went to the judge and said, "Oh, I'm so sorry." Only to again tar the uh defendants whose rights had been violated in the grand jury. They assign it to this guy. And why is that? Why in Chicago? because uh Reed Hoffman, the uh billionaire and tech giant who uh did in fact fund Eugene Carol has a nonprofit there. So that's a pretty thin jurisdictional hook and we can I think uh safely infer they wanted to give it to this guy, the same guy whose team had screwed up so royally last week in an high-profile immigration matter. Okay. What is this possibly about the perjury investigation? There was a deposition in advance of trial in October 2022 where Eugene Carol was asked how the lawsuit was being funded.
She said it was contingency. She was asked, "Is anyone else providing outside funding?" She said no. And then a little bit before trial, several months later, her defense team informed the court uh and they'd already uh the the Trump and his team already knew that in fact Reed Hoffman had given some funding for the legal fees at the time. They go nuts.
They uh want a deposer about it specifically. The judge lets them do it and then sees the whole thing and says, you know, this is really not very significant. It doesn't go to her credibility. Here's what she says about it and the like. I'll I'll um reiterate that when I go to the second circuit opinion on this. But anyway, that was the whole deal. He wanted to bring it up at trial and they the judge wouldn't let him bring it up at trial and then the court of appeals, the second circuit said no error there. that is the uh incident that they want to now say was perjury and uh indict her criminally on it. Okay. Now, it sounds as if she said something that wasn't true. Uh and then several months later, her um team corrected the record. So, um perjury means you make a you knowingly make a material false statement. You know it's false when you make it. and it's material. It could really influence the proceedings and they'd have to show this beyond a reasonable doubt. And both of these core elements are really far-fetched and this would uh I'm confident in saying as so many of these other things never be the topic of an of a federal criminal investigation but for Eugene Carol as being an antagonist of Trump. So in that sense and really without regard to the strength of the evidence, it's a violation of the due process clause, an inappropriate prosecution. Somebody was chosen because uh Trump doesn't like them, not because of the evidence against them. Okay, but let's zero in on what the US attorney in Chicago is going to try to uh be showing. So, at this uh deposition October 2022, she's asked, "How is this being uh funded? Are you presently paying your council fees?" That's the question. And she responded, she's got, it's a contingency case. Her um lawyer, Robbie Kaplan, is uh going to be paid based on the uh her result and getting a percentage of that.
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And then some six months later, they um properly disclosed to Trump's attorneys that she had refreshed her recollection that at some point council secured additional funding. They want to make a federal case out of this, but here are the facts that came out. The judge back there said, "Okay, deposer, again, you want to make a big deal uh about it. Uh I don't even know if it's relevant, but but go ahead. Here's the deal. Yes, Reed Hoffman gave some funding uh starting in 2020, but uh there's no evidence to suggest that she had anything to do with securing the funding, had any interaction with Reed Hoffman, had any kind of invoice showing the arrangement, anything at all. It was just funding that went to her council. and she was told about it in 2020, but that but otherwise there was no discussion of it uh whatsoever.
And so um first the district court said and the court of appeals um affirmed you know it is very um plausible she just didn't remember this wasn't like she secured the funding her council did.
She'd heard about it once. When she when she uh fielded the question, she had forgotten about it. Then she was reminded. And then second, as to materiality, it's got to be a material lie. Something that a reasonable decision maker like a jury could actually think that makes a difference.
She lied about uh whether she was receiving funding. That'll be another fight if they ever try to bring a criminal case. You know, it's not like a lie about say um her height or age or that really has nothing to do with nothing the funding of the litigation, but you have the second circuit finding.
Basically, it's just not material and on that basis saying that the district court didn't make a mistake in excluding it, not letting Trump's attorneys uh cross-examine her about it at trial. So, that's really almost a prior um judgment by a court of appeals saying it's not material. The real thing here, the reason you would never bring this case is it's, you know, given she'd heard about it once, had nothing to do with it, was sort of confronted with it at a deposition. The um it it's to my mind not even uh colorably beyond a reasonable doubt that she did this on purpose. doesn't stop the Trump crew. Of course, there the steamroll is uh starting up. More um fees for legal fees she'll have to pay. More possible embarrassment, more uh dirting her up and a possible indictment here. And you never know what will happen once an indictment occurs. But um you could say uh making a mountain of a molehill. Uh but of course, you know, when the molehill uh was dug by a Trump enemy, nothing is too small to go after. And that's what uh is happening here. So, it's all going to come down to will they actually try and will grand jury um accept the notion that this false statement about whether she was receiving outside funding, she knew about it beyond a reasonable doubt. It's material beyond a reasonable doubt. So let's call this a pickyune case that would have it's not completely concocted out of thin air. It's a pickyune case that no prosecutor exercising normal prosecutorial discretion would would look at for more than 5 seconds.
But here it's got the complete uh scrutiny in the crosshairs of the Trump administration because she did a bad bad thing. sued him and won for defamation and sexual abuse.
Talk to you later. Thanks for watching Talking Feds. If you enjoyed this video, please remember to like and subscribe.
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