Former Acting U.S. Attorney General Matt Whitaker told Newsmax on Monday that Manhattan District Attorney Alvin Bragg's criminal case against former President Donald Trump has "deteriorated" and is "weak," making it likely that it will not see a courtroom.
"This case has deteriorated to a point where I'm sure that Alvin Bragg is worried about even getting the majority of the grand jurors," Whitaker said during "Eric Bolling The Balance" Monday. "In my experience, and all prosecutors experience, the grand jury is the easy step.
"You just have to convince the majority of the grand jurors at a probable cause standard. He's then got to go to trial where it gets a unanimous vote of 12 jurors at a much higher standard, beyond a reasonable doubt."
Bragg is in front of the grand jury in New York this week to try and get an indictment against the former president for an enhanced felony charge of falsifying business records by paying "hush money" in 2016 to porn star Stormy Daniels about an affair the two allegedly had years earlier.
Bragg sent the grand jury home early last week amid speculation that a charging decision was near but returned Monday to hear more testimony in the case.
"These are supposed to be secret proceedings in front of the grand jury," he said. "It's too bad that every time Donald Trump is an under investigation, the leaks in the daily drip, drip, is what is covered instead of just being entitled to the presumption of innocence. I just don't think Alvin Bragg brings this case ultimately, it's just it's too weak, and you know the facts are well known."
Whitaker said that a majority of the 23-member panel has to vote to charge if they believe it is more likely than not that a crime has been committed and that the person suspected has been identified.
Whitaker said the grand jury could be dismissed while Bragg tries to find more evidence to support his case, but that in New York, the target, in this case Trump, can also present evidence that might prove his innocence.
"Obviously, the prosecutor controls most of the cards and the grand jury proceeding," he said. "The unique thing is that New York law allows a target of an investigation to present exculpatory evidence."
Whitaker said that was the reason attorney Robert Costello testified a week ago about false testimony allegedly given by then Trump attorney Michael Cohen, who is the lead witness for the prosecution insisting that Trump was aware of the payment, knowing it would help his presidential campaign.
Costello, however, provided the grand jury with documents showing that Cohen paid the woman off with his own money and that Trump did not know at the time.
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