In this episode of The Ben Shapiro Show, Ben Shapiro and Megyn Kelly analyze the legal case against Donald Trump. They scrutinize the prosecution's questionable legal theory around the hush money payments classified as illegal campaign contributions. Shapiro alleges the charges stem from political motives, citing Manhattan DA Bragg's campaign promises to prosecute Trump and potential coordination between the prosecution and Biden administration.
The conversation examines how a conviction, whether resulting in jail time or probation restrictions, could impact Trump's 2024 presidential campaign. Shapiro and Kelly ponder potential consequences, speculating that a conviction could spark outrage and even boost Trump's support among some voters. While presenting perspectives on both sides, the episode maintains a critical eye on the legal and political factors surrounding the high-stakes case.
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According to Ben Shapiro and Megyn Kelly, the charges against Trump are based on a questionable legal theory. Trump was found guilty of 34 felonies related to hush money payments claimed to be illegal campaign contributions. However, the prosecution lacked jurisdiction to charge federal election violations. Kelly notes Bradley Smith's view that such payments should be evaluated as customary legal practices.
The judge allowed the prosecution to imply Trump's guilt by introducing Michael Cohen's guilty plea, despite Trump never being charged with federal crimes. Shapiro criticizes the prosecution's unusual enforcement approach.
Shapiro cites Manhattan DA Bragg's campaign promises to prosecute Trump as evidence of political motivation. He questions Matthew Colangelo's move from Biden's DOJ to Bragg's office before charges emerged, suggesting potential coordination between the prosecution and Biden administration.
Shapiro and Kelly discuss whether the case was influenced by Biden's presidency to affect Trump's candidacy. They note Trump's opponents celebrating the prosecution, implying partisanship over impartial justice.
Shapiro discusses how Trump's lack of remorse could lead to harsher sentencing. Kelly suggests jailing Trump could spark outrage, mobilize Republicans, and boost his chances.
Even without jail, Shapiro notes probation restrictions like travel limits could disrupt Trump's campaign. However, an NPR/PBS poll found most said a conviction wouldn't change their Trump vote, and some would be more likely to support him.
1-Page Summary
The case against Donald Trump focuses on the legal intricacies surrounding the hush money payments made to Stormy Daniels, with opinions asserting that the charges may rely on a questionable legal theory.
Trump was found guilty of 34 felonies, all related to hush money payments. Shapiro notes that Alvin Bragg pursued a misdemeanor charge of falsification of business records against Trump.
The prosecution claimed the non-disclosure agreement payments were effectively illegal campaign contributions exceeding the federal limits. Prosecutors typically cannot introduce a witness's criminal history, but they used Michael Cohen's guilty plea to imply Trump’s guilt, though Trump has never been charged with those crimes.
Shapiro questions the validity of NDA payments as federal election law violations solely because they happened near an election. Kelly references Bradley Smith, who suggests that the nature of the payment should be evaluated as a customary legal practice, not on the defendant's intent, as such payments are common outside the electoral context.
Shapiro points out that state prosecutors like the Manhattan District Attorney do not have the jurisdiction to charge federal felonies and criticizes the prosecution's unusual enforcement of federal election finance law at the state level. Kelly criticizes Bragg for attempting to bring a f ...
The legal details of the case against Donald Trump
The prosecution of former President Donald Trump has been met with speculation and commentary suggesting that it may be driven by political motives rather than solely by justice.
Ben Shapiro and Megyn Kelly discuss the prosecution, hinting at the possibility of political motivations behind the legal actions against Trump.
Shapiro points to Manhattan DA Alvin Bragg’s campaign promises to prosecute Trump as evidence of a politically motivated case. He notes Bragg’s previous legal actions against the Trump administration and states that Bragg had expressed his intention to hold Trump accountable, suggesting a pre-existing political motivation.
Shapiro expresses skepticism about the independence of the prosecution, citing Matthew Colangelo's move from the Biden Department of Justice to Bragg's office in Manhattan and the subsequent charges brought against Trump. He raises the idea of potential coordination between Bragg's office and the Biden administration due to the timing of the indictment and Colangelo's career moves. Additionally, Shapiro claims that Biden's DOJ has targeted Trump in three separate jurisdictions, implying wider political coordination.
Shapiro and Kelly also discuss whether the case against Trump might have been influenced by Biden being in the White House, suggesting that Democrats are attempting to affect Trump's future candidacy through the legal system. Kelly questions the lack of coordination with ...
The political motivations and implications of the in prosecution
Shapiro and Megyn Kelly discuss the potential fallout from a conviction for former President Donald Trump, examining how it might affect his chances in the 2024 presidential election and the political landscape at large.
The outcome of Trump’s legal challenges could significantly influence not only his personal life but also the course of American politics.
Ben Shapiro discusses that one of the factors in determining Trump's sentence is his level of remorse. Trump's characteristic lack of remorse could lead to a difficult situation where he must choose between showing contrition for a crime he maintains he didn't commit or facing the increased likelihood of jail time. Shapiro warns that if Trump expresses remorse, it could be taken as an admission of guilt, which could hurt his campaign. Conversely, a lack of remorse might prompt the judge to opt for a harsher sentence.
Shapiro speculates on the potential upheaval that sentencing Trump to jail could cause. He predicts that this might set off widespread outrage among Republicans and Trump supporters, potentially "making the judge a hero to Democrats and sparking political chaos." Kelly suggests that putting Trump in jail or even under probation could outrage many voters, possibly guaranteeing Trump's success in an election due to increased Republican voter turnout caused by the perceived injustice.
Shapiro and Kelly outline the possible restrictions that a probation sentence for Trump would entail, such as travel restrictions and the requirement to check in with a probation officer, and how they could absurdly impact his running a campaign. Shapiro notes that the legal proceedings and ...
The potential consequences of the conviction for Trump
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