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Justice Matters with Glenn Kirschner

Will Trump Be Detained Pending Trial?

Justice Matters with Glenn Kirschner

Crossover Media Group

Democrats, Progressive, Government, Justice Department, Judicial, News, Liberal, Politics, Law, News Commentary, Legal, Justice, Political

4.92.9K Ratings

🗓️ 6 September 2023

⏱️ 14 minutes

🧾️ Download transcript

Summary

Donald Trump has four serious felony prosecutions pending against him. Yet, he continues to say and post things that put prosecutors, judges, witnesses and jurors in harm's way. The legal test for whether someone should be detained pending trial is as follows: is there clear and convincing evidence that the defendant is either a flight risk or is a danger to the community? The evidence clearly establishes that Trump is a danger to the community. Glenn says he hopes that the judges soon apply the law and neutralize the ongoing, demonstrated danger that is Donald Trump. Then, Judge Scott McAfee, the judge presiding over the Georgia state RICO trial involving Donald Trump and 18 other defendants, has said that the proceedings will be televised and live-streamed. Glenn says this is an important development that will help reduce the ability of Trump and his co-defendants like Mark Meadows, Rudy Giuliani, Sidney Powell, Jeffrey Clark and others, as well as their lawyers, from being able to continue to infect the public with their disinformation, propaganda and lies about the 2020 election being stolen.

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Transcript

Click on a timestamp to play from that location

0:00.0

It's time for Justice Matters, with former Federal Prosecutor and MSNBC analyst, Glenn Kertner.

0:16.0

Donald Trump continues to say and post things that put prosecutors, judges, witnesses, and jurors

0:22.0

in harm's way. Legally, if a person is a clear danger to the community, they should be detained

0:28.0

pending trial. Glenn predicts a judge will bring this issue up in one of his upcoming cases.

0:35.2

So friends, when somebody gets indicted for felony crimes, and they are brought into court

0:42.8

for their first appearance before a neutral and detached magistrate, a judge,

0:50.3

there is one enormously consequential decision the judge has to make.

0:55.9

Should the judge release the defendant pending trial, or should the judge

1:01.3

detain the defendant pending trial? The legal standard to detain someone pending trial

1:08.8

is as follows. If there is clear and convincing evidence that the defendant poses either a flight

1:16.1

risk or that the defendant is a danger to the community, then the defendant is to be detained

1:24.0

pending trial. You know, I discussed this topic in the legal standard the other day with my

1:31.6

friend Dean Obidala on his radio show, and Huff Post picked up our conversation and did a piece

1:39.0

about it. I want to read you just a little bit of that piece, and then I want us to talk about it.

1:45.7

Here's the Huff Post headline. Ex-Prossecutor sounds the alarm on Trump's demonstrated danger

1:52.3

to witnesses, jurors. And that article begins. Glenn Kirschner, a former U.S. Army prosecutor and

2:00.1

current MSNBC legal analyst warned of the threat that Donald Trump poses to witnesses and jurors

2:07.6

as he declared that the former president is a danger. I am concerned that the judges have not

2:15.2

stepped up to address the danger, the ongoing danger, the demonstrated danger of Donald Trump,

2:22.3

two witnesses, to jurors, to prosecutors, to judges and to their families. Kirschner told Sirius

2:29.6

XM host Dean Obidala in an interview shared Friday. I hope at some point the judges realize that

2:37.1

Donald Trump is a danger to the community, and he should be detained pending trial, because

...

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