He thinks this is a tough guy look that will work for him.

He thinks this is a tough guy look that will work for him.

Presumably he also kind of has to lean into it, right.

Presumably he also kind of has to lean into it, right.

You can't pretend not to be a criminal while you're a criminal defendant. We've been holding our breath as a country for a long time, waiting for the cavalry to arrive in the form of the rule of law, and it did arrive today, and it's a majestic day.

You can't pretend not to be a criminal while you're a criminal defendant. We've been holding our breath as a country for a long time, waiting for the cavalry to arrive in the form of the rule of law, and it did arrive today, and it's a majestic day.

I wanted to be able to see this moment with my own eyes. In about three weeks from today, I will have been covering Donald Trump for nine years. There will not have been a day in the past nine years, I think where I have not mentioned his name or at least thought a thought about Donald Trump.

I wanted to be able to see this moment with my own eyes. In about three weeks from today, I will have been covering Donald Trump for nine years. There will not have been a day in the past nine years, I think where I have not mentioned his name or at least thought a thought about Donald Trump.

His whole dream was to be respected in Manhattan, and it was in Manhattan where he was brought low. I think there's something interesting and poetic about that, mister Stenglass. I think some of you probably saw him speak well a.

His whole dream was to be respected in Manhattan, and it was in Manhattan where he was brought low. I think there's something interesting and poetic about that, mister Stenglass. I think some of you probably saw him speak well a.

Little bit the other day, so he's done his job.

Little bit the other day, so he's done his job.

It was very satisfying to finally see this guy get them, come up and thank you so much. Anything going on today, a lot of glee from a lot of different people on the left over the verdict yesterday. I mean the reporter who has the been following Trump, as you heard her say there since he came down the elevator for NBC, just beaming with excitement that she got to be there for when he finally got his come up.

It was very satisfying to finally see this guy get them, come up and thank you so much. Anything going on today, a lot of glee from a lot of different people on the left over the verdict yesterday. I mean the reporter who has the been following Trump, as you heard her say there since he came down the elevator for NBC, just beaming with excitement that she got to be there for when he finally got his come up.

Ands So, Donald Trump convicted of all thirty four strange and convoluted felony charges. To discuss the outcome and what comes next, We've delighted to have Andrew Gerkawski, criminal defense and civil trial lawyer. You've seen him on all the big cable news channels and major newspapers and websites. Andrew, how are you. It's a pleasure.

Ands So, Donald Trump convicted of all thirty four strange and convoluted felony charges. To discuss the outcome and what comes next, We've delighted to have Andrew Gerkawski, criminal defense and civil trial lawyer. You've seen him on all the big cable news channels and major newspapers and websites. Andrew, how are you. It's a pleasure.

Yeah, good morning. How are you? Guys?

Yeah, good morning. How are you? Guys?

We're terrific. Thank you. So I had in real life friends calling me last night because they know I follow this stuff. Say, dude, is what happened? What does this mean? So I will hit you with the same question, what happened? What does this mean?

We're terrific. Thank you. So I had in real life friends calling me last night because they know I follow this stuff. Say, dude, is what happened? What does this mean? So I will hit you with the same question, what happened? What does this mean?

Well, I think the jury got it wrong. I'll tell you why. The whole case was about a very basic idea that when he paid Michael Cone the money to pay back essentially for what Michael Cone put out for Stormy Daniels for that hush money agreement. That was a legal thing to do to pay off that hush money agreement. The idea that, the most basic idea is that he put in his accounting books that that was a legal expense, and that's what the jury fundamentally had to decide was wrong. We never got any evidence about that, And frankly, as a business owner, as an attorney myself, I don't know what you put in your accounting books as that payment if not legal expense. Now, if he had put in their charity or construction costs and paid it in cash, everybody in the country would know that that's a fraud, that's a crime, that's wrong to do. But he put legal expense. He put it in at ninety nine, he put it in his ethics forms that he had paid this money. And so I just fundamentally disagree with the idea that that arching a business person for putting that on that line item is wrong. And then all of the Michael Cohene and Stormy Daniels, I think that was the defense getting caught up in the mud of what the prosecution essentially did, which was a lot of mudslinging.

Well, I think the jury got it wrong. I'll tell you why. The whole case was about a very basic idea that when he paid Michael Cone the money to pay back essentially for what Michael Cone put out for Stormy Daniels for that hush money agreement. That was a legal thing to do to pay off that hush money agreement. The idea that, the most basic idea is that he put in his accounting books that that was a legal expense, and that's what the jury fundamentally had to decide was wrong. We never got any evidence about that, And frankly, as a business owner, as an attorney myself, I don't know what you put in your accounting books as that payment if not legal expense. Now, if he had put in their charity or construction costs and paid it in cash, everybody in the country would know that that's a fraud, that's a crime, that's wrong to do. But he put legal expense. He put it in at ninety nine, he put it in his ethics forms that he had paid this money. And so I just fundamentally disagree with the idea that that arching a business person for putting that on that line item is wrong. And then all of the Michael Cohene and Stormy Daniels, I think that was the defense getting caught up in the mud of what the prosecution essentially did, which was a lot of mudslinging.

I thought in my Quicken program there's a category for trollop silencing.

I thought in my Quicken program there's a category for trollop silencing.

There's not.

There's not.

Just click on that week.

Just click on that week.

We need to make sure that QuickBooks adds a Stormy Daniels hush money payment line item for folks just so they don't get in trouble.

We need to make sure that QuickBooks adds a Stormy Daniels hush money payment line item for folks just so they don't get in trouble.

So I don't what I think this matters, because the part of the claim that I heard a lot yesterday was the election wouldn't have been this close if people had known about his payment to Stormy Daniels. Would we even have known if he filed it the way they say he needed to file it, I mean, because it was in October before a November election, I'm not sure would we even have found out anyway.

So I don't what I think this matters, because the part of the claim that I heard a lot yesterday was the election wouldn't have been this close if people had known about his payment to Stormy Daniels. Would we even have known if he filed it the way they say he needed to file it, I mean, because it was in October before a November election, I'm not sure would we even have found out anyway.

No, the reporting timeline for a campaign contribution would have been after the election in that case. And so I think people really have to focus in on if you're going to allow this conviction to sway you or to have some influence, what is it that upsets you about it? And are you honest about what you're being upset by or are you just part of the Trump derangement syndrome type circumstances here because you really I mean, I guess some people might be offended by the idea of putting legal expenses in there. If that's what gets you angry, if that's what is going to cause you not to vote for Donald Trump, then you probably weren't going to vote for him all along. But if you're kind of on the fence here and you just want to say, well, he was convicted and so I can't vote for him, I think that's foolish and shortsighted because you really have to any crime, you have to get to the heart of what upsets you, and I just don't see what's upsetting about this.

No, the reporting timeline for a campaign contribution would have been after the election in that case. And so I think people really have to focus in on if you're going to allow this conviction to sway you or to have some influence, what is it that upsets you about it? And are you honest about what you're being upset by or are you just part of the Trump derangement syndrome type circumstances here because you really I mean, I guess some people might be offended by the idea of putting legal expenses in there. If that's what gets you angry, if that's what is going to cause you not to vote for Donald Trump, then you probably weren't going to vote for him all along. But if you're kind of on the fence here and you just want to say, well, he was convicted and so I can't vote for him, I think that's foolish and shortsighted because you really have to any crime, you have to get to the heart of what upsets you, and I just don't see what's upsetting about this.

So we are both intrigued by the politics of if I am especially interested in how this might go in the appeal, but I think the fundamental question really is important question is.

So we are both intrigued by the politics of if I am especially interested in how this might go in the appeal, but I think the fundamental question really is important question is.

What sort of charge is this?

What sort of charge is this?

A local prosecutor contorting a state law into enforcing federal election law, and how dangerous is this? Andrew going forward to the Republic.

A local prosecutor contorting a state law into enforcing federal election law, and how dangerous is this? Andrew going forward to the Republic.

Well, it's called law fare. So you turn the law, the criminal law, into a wildly mishmashed of difficult to understand legal charging scheme in order to advance your political ideas. And that's how I see it. I know people may see it a different way, but you have to really look at what the basics are here. The idea of politics and for campaigns is to promote certain ideas that they think are beneficial and to try to quash stories that are detrimental to the campaign. It's gone on for as long as the country has been around. We could point to dozens of examples of leaders on both sides in every degree of campaign that occurs, from you know, school boards and county clerks all the way up to the president of the United States. And so we really have to look at what we're doing in terms of the future. Is this really what we want to see happen to other candidates, because now the gloves are off, and I can't imagine that the Republicans would hold back on their desires to prosecute their political enemies. Of course, remember Donald Trump, although he ran on lock her up to Hillary Clinton, never pursued additional criminal charges and he could have against her.

Well, it's called law fare. So you turn the law, the criminal law, into a wildly mishmashed of difficult to understand legal charging scheme in order to advance your political ideas. And that's how I see it. I know people may see it a different way, but you have to really look at what the basics are here. The idea of politics and for campaigns is to promote certain ideas that they think are beneficial and to try to quash stories that are detrimental to the campaign. It's gone on for as long as the country has been around. We could point to dozens of examples of leaders on both sides in every degree of campaign that occurs, from you know, school boards and county clerks all the way up to the president of the United States. And so we really have to look at what we're doing in terms of the future. Is this really what we want to see happen to other candidates, because now the gloves are off, and I can't imagine that the Republicans would hold back on their desires to prosecute their political enemies. Of course, remember Donald Trump, although he ran on lock her up to Hillary Clinton, never pursued additional criminal charges and he could have against her.

M boy, that's a good point in the future. If we keep going down this road, candidates will do that. So the likelihood of him going to jail, I keep heering over and over again. It's very unlikely, but very unlikely means there is some likelihood, And you've got a defendant who convicted on thirty four felonies, who his bad mouth the judge, the process, and the jury, and has shown no contrition whatsoever. Is there a chance he spends any time in jail in your mind? And a judge that has made it pretty clear that he doesn't like Trump.

M boy, that's a good point in the future. If we keep going down this road, candidates will do that. So the likelihood of him going to jail, I keep heering over and over again. It's very unlikely, but very unlikely means there is some likelihood, And you've got a defendant who convicted on thirty four felonies, who his bad mouth the judge, the process, and the jury, and has shown no contrition whatsoever. Is there a chance he spends any time in jail in your mind? And a judge that has made it pretty clear that he doesn't like Trump.

You gave all the reasons why I think that there's a chance that that jail time could be issued here now, if you look at the New York standards and the law that is currently in place, especially in light of all of the justice reform that has been pushed forward by the Democrats, this would fall outside of a jail time sentence. And that's specifically because it's a first time offense, it's non violent, and there are alternate ways essentially to go about doing this. There's other mitigating factors as well, to include his age and its prior foremant of public dutys and services for the country.

You gave all the reasons why I think that there's a chance that that jail time could be issued here now, if you look at the New York standards and the law that is currently in place, especially in light of all of the justice reform that has been pushed forward by the Democrats, this would fall outside of a jail time sentence. And that's specifically because it's a first time offense, it's non violent, and there are alternate ways essentially to go about doing this. There's other mitigating factors as well, to include his age and its prior foremant of public dutys and services for the country.

And of course, Andrew, I must jump in here and point out Donald Trump as a man of color, that color being orange.

And of course, Andrew, I must jump in here and point out Donald Trump as a man of color, that color being orange.

I'm sure you know. They also ask him during his probation interview if he is employed or if he's applying for any new job. So I suppose he can right in there that he's applying for the President of the United States.

I'm sure you know. They also ask him during his probation interview if he is employed or if he's applying for any new job. So I suppose he can right in there that he's applying for the President of the United States.

I'm lying for leader of the Free world.

I'm lying for leader of the Free world.

So Andrew and I know this is difficult to predict, but were the judge to say, now, we can't let this sort of thing go, I'm sentencing you to sixty days, which happens to cover the Republican Convention and an important part of the campaign. Where does it go from there? Is it conceivable the Supreme Court would hold an emergency hearing or anything like that, or would he just go to jail?

So Andrew and I know this is difficult to predict, but were the judge to say, now, we can't let this sort of thing go, I'm sentencing you to sixty days, which happens to cover the Republican Convention and an important part of the campaign. Where does it go from there? Is it conceivable the Supreme Court would hold an emergency hearing or anything like that, or would he just go to jail?

So there are appeal options. He's certainly going to appeal, and notice of appeal is due within thirty days of the actual sentence, which is scheduled for July eleventh. Now there are earlier opportunities that they can essentially motion for the appellate Court to stay or pause any sentencing proceedings or at least the execution of a sentence. So if jail were to be issued while it's not appeal, they don't actually have him serve his time. They instead hear the appeal first, which is likely to take many months or a year or more in fact, And so I think it crawls for that system. I think the appellate court, even if they don't ultimately give him relief, although I think that there's a very good chance and we'd have round two of this trial. I would find it hard to believe that the appellate court would allow him to be locked up at this point. But there is no kind of like silver bullet here to make sure that that doesn't happen. This is all just hoping and praying with the democratic justices that are both at the trial level and then of course at the appellate levels.

So there are appeal options. He's certainly going to appeal, and notice of appeal is due within thirty days of the actual sentence, which is scheduled for July eleventh. Now there are earlier opportunities that they can essentially motion for the appellate Court to stay or pause any sentencing proceedings or at least the execution of a sentence. So if jail were to be issued while it's not appeal, they don't actually have him serve his time. They instead hear the appeal first, which is likely to take many months or a year or more in fact, And so I think it crawls for that system. I think the appellate court, even if they don't ultimately give him relief, although I think that there's a very good chance and we'd have round two of this trial. I would find it hard to believe that the appellate court would allow him to be locked up at this point. But there is no kind of like silver bullet here to make sure that that doesn't happen. This is all just hoping and praying with the democratic justices that are both at the trial level and then of course at the appellate levels.

You know, and orange guy in an orange jumpsuit would really look like an OPA lumpa.

You know, and orange guy in an orange jumpsuit would really look like an OPA lumpa.

It could be read advertising for his campaign. I suppose you know those pictures of his oh yeah, of his mugshot really sold well.

It could be read advertising for his campaign. I suppose you know those pictures of his oh yeah, of his mugshot really sold well.

That's true, Andrew Tcherkowski, criminal defense and civil trial lawyer. Really enlightening, Andrew. We thank you for the time.

That's true, Andrew Tcherkowski, criminal defense and civil trial lawyer. Really enlightening, Andrew. We thank you for the time.

Thank you.

Thank you.

Yeah.

Yeah.

So that theme kind of seemed to grow throughout the day that you know, people needed this in from to know how to vote. There are voters out there who would have said, first of all, as you heard there, the filing information wouldn't have gotten to us before the election. I don't think anyway. But and was there anybody who didn't think, oh my god, he is a man who lays down with fallen women. I mean, does that person exist anywhere? No?

So that theme kind of seemed to grow throughout the day that you know, people needed this in from to know how to vote. There are voters out there who would have said, first of all, as you heard there, the filing information wouldn't have gotten to us before the election. I don't think anyway. But and was there anybody who didn't think, oh my god, he is a man who lays down with fallen women. I mean, does that person exist anywhere? No?

I think at best this is a wash in terms of motivating voters. And I would suggest, because I'm feeling it in my own ticker, this will invigorate marginally Trump supporting conservatives and Republicans to think, Look, I don't like the Orange guy. I think he's a prick or he's irresponsible. I wouldn't go that far. You know all of the complaints about Trump, we know what they are. And yet I can't reward this sort of lawfair and this this new road we're going down. We've got to stop it. I'm holding my nose and voting for Trump. I think you will see a significant surge of enthusiasm among Republicans. We got a lot more on this and other stuff, and we'd like to hear from you. Our text line is four one five two nine five KFTC

I think at best this is a wash in terms of motivating voters. And I would suggest, because I'm feeling it in my own ticker, this will invigorate marginally Trump supporting conservatives and Republicans to think, Look, I don't like the Orange guy. I think he's a prick or he's irresponsible. I wouldn't go that far. You know all of the complaints about Trump, we know what they are. And yet I can't reward this sort of lawfair and this this new road we're going down. We've got to stop it. I'm holding my nose and voting for Trump. I think you will see a significant surge of enthusiasm among Republicans. We got a lot more on this and other stuff, and we'd like to hear from you. Our text line is four one five two nine five KFTC