This is Bloomberg Law with June Brusso from Bloomberg Radio. Mark Meadows, listen, I did this for seven years. As you guys know, you do not give.
Immunity complete immunity.
It's a former White House chief of staff unless he's got.
Information that is devastating and that you couldn't get any other way.
Donald Trump is a huge trouble. Chris Christy, the former US Attorney for New Jersey and a current presidential candidate, was blunt about the news that Mark Meadows, the final chief of staff to Donald Trump, was given immunity from prosecution by the Special Council in the election interference case against the former president. According to Bloomberg sources, Meadows testified before the DC Grand Jury that he repeatedly told Trump in the weeks following the conclusion of the twenty twenty
election that claims of election fraud were baseless. Trump denies that because I've spoken to Mark Medos many many times over the years, and he strongly believed the election was rigged.
Now, of course, you know, deranged Jack Smith and the prosecutors and go after somebody for years and they say, look, here's the story. We'll give you nothing will erect a statute to you, or you're going to go to jail for ten years but having done nothing wrong. So you know, a lot of people have to make that decision. Some people would never make that decision, other people would.
Joining me is former federal prosecutor Robert Mentz, a partner McCarter and English Bob. There are different kinds of immunity. What kind does Meadows reportedly have?
Based upon report? Mark Meadows, former President Donald Trump's final chief of staff, has spoken with Special Counsel Jack Smith's team at least three times and reportedly has testified before the federal grand jury. That only came after Meadows was granted immunity to testify under oath. In this case, there's
two types of immunity. There's use community and transactional immunity. Reportedly, mister Meadows was given use community, which protects him from any statements he makes to the grand jury or information derived from those statements. So what that means effectively is that prosecutors can't use those statements and can't use information derived from those statements in a prosecution against them in
the future. As a practical matter, it is very difficult for prosecutors to pursue a criminal case against somebody, even if they've only been given this use community, because they would have to show that they brought these charges based not upon the statements and not derived from those statements in order to make a successful case. So they would have to show that there's some kind of independent source
for the evidence that they use to charge somebody. As a practical matter, what that means is, once somebody's given use community, it effectively means that prosecutors have decided not to charge them with a criminal offense related to that testimony.
Former New Jersey US Attorney Christie has said that as a prosecutor, you don't give immunity to someone like Mark Meadows, the former chief of staff, unless he has some devastating evidence against Trump. Do you agree with that in this case.
Well, there's a couple of reasons you'd want to give somebody immunity. One of them is because that you do believe they have valuable evidence and you're willing to essentially immunize them from prosecution in exchange for the testimony they're about to give. But there are also some other reasons why you would give immunity, And one of them is to
lock in that testimony of that witness. So what would have happened if they had not given immunity to Mark Meadows is he would have gone before the grand jury and he would have asserted his Fifth Amendment right against self incrimination and refuse to answer questions that would leave prosecutors not knowing what he might stay at a trial
down the road. By giving him immunity, they essentially forced him to testify because he could no longer rely on that Fifth Amendment right, and it forced him to go on the record under oath with his statements about everything the prosecutor asked him about related to January sixth, the events around the January sixth and efforts to overturn the twenty twenty election.
I mean, it does seem like Meadows has a lot to talk about. He was in this really unique position by Trump's side, seemingly a central player in efforts to overturn the election. So all those meetings we heard about inside the White House in the run up to January sixth, he was privy to.
He certainly was a central figure. As you say, The January sixth Committee report placed him in the thick of a series of key meetings and actions inside the White House during the run up to the US capital attack. He was also on that infamous call with the Georgia Secretary of State where Trump said, find me eleven thou
seven hundred and eighty votes. So he is on the inside of many of the most controversial and critical aspects of the case that prosecutors are pursuing in federal court in Washington.
Now, one thing may cut against the importance of his testimony. ABC News reported that investigators specifically asked Meadows if Trump ever acknowledged to him that he lost the election, and Medows told investigators that he never heard Trump say that. Does that missing element make his testimony a little less valuable to prosecutors?
Well, that's a.
Great question, is and we really don't know how valuable Mark Metow's testimony might be. It's hard to stay because
we don't know exactly what he said. But we can surmise from his prior statements and from the information that we are getting from news sources, that he is contradicting President Trump's statements immediately after the election, and he is interestingly contradicting his own statements in a book that he wrote shortly after the election, in which he's supported the allegation that there were improprieties and irregularities connected to the
twenty twenty election. According to reports, now he has backtracked and reversed his position on that and acknowledged that there was no credible evidence that there was any tampering or illegality associated with the twenty twenty election that would have overturned the election results, and that he said as much
to former President Trump. That goes to the heart of the Trump defense, which is the president's state of mind when he decided to pursue these attacks on the twenty twenty election results.
Meadows took public stances that the election was stolen. As you said in his book, he said the election was stolen and rigged. So how much credibility will he have before a jury when now he's saying, no, I lied, or words to that effect.
Well, that's the problem the prosecutors frequently faced with people who cooperate with him. It's not unusual for a witness who have testified and who have made statements saying one thing, and then when it comes to trial, they now reverse their position, and ultimately the credibility of the witness depends upon how they can explain the change in their position. In this case, the statements that were made in the
book were obviously not under oath. When he was finally placed under oath, or perhaps forced to be placed under oaths because of the immunity deal, he told the truth. That's what prosecutors are going to argue.
It seems a little different, though, because he memorialized these lies in a published book, and I'm sure the defense is going to read from pertinent parts of that book if he takes the stand.
Yeah, I mean, that makes him a flawed witness for sure. And he has gone on records having said that he believes much of what Trump has said regarding the election. Now he's changing course here and saying he didn't believe it at all. That's something the prosecutors will have to address if they decide to use him as a key witness in the federal trial.
And Bob, will you explain the importance to the prosecution of the reporting that Meadows said he repeatedly told Trump in the weeks following the twenty twenty election that claims of election fraud were baseless.
If that's true, that could bolster the prostitution's case that Trump pushed to reverse his defeat knowing that that was not true. At the end of the day, the case turns on what's called the men's rea, or the corrupt intent of former President Trump. Prosecutors have to prove that he knew when he pushed these fake electors and these allegations of tampering with the election, that he knew that
it was not true at the time. And if it's true that Mark Meadows repeatedly told him that it was not true, that helps get to this question of state of mind. The real question is is it reasonable? Is it believable that former President Trump did not believe that he lost that election. That requires the jury to get into the mind of the defendant to try to understand
what he was thinking. And the only way to do that is to show circumstantially by witness testimony what he was told at the time and what he may have said in response to others telling him that the election was lost.
Meadows was not among the six unindicted co conspirators described in the August indictment returned against Trump. Does that indicate that prosecutors at that point knew that he was going to cooperate or targeted him as a cooperator.
There's long been speculation about whether Mark Meadows was actually cooperating with federal prosecutors, because, if you remember, the Department of Justice declined to prosecute him for refusing to comply with his subpoenas to turnover documents to the Congressional committee investigating the January sixth, twenty twenty one attack on the US Capitol. Others were prosecuted for their failure to cooperate, he was not, and so there has long been questions
about whether mister Meadows was cooperating with federal prosecutors. And now that he has struck this immunity deal allegedly, that only adds further fear fuel to that speculation.
Coming up next, we'll take a look at the barrage of arguments Trump is making to try to get the DC judge to dismiss the election interference case against him. I'm June Grosso, and you're listening to Bloomberg. This is
Bloomberg Law with June Grosso from Bloomberg Radio. Stunny News this week that Mark Meadows, the final chief of staff to Donald Trump, has been given immunity from prosecution in the election interference case against the former president, and has testified before a DC grand jury hearing evidence in the case. According to Bloomberg's sources, in his testimony before the grand jury, Meadows said he repeatedly told Trump that claims of election
fraud in the twenty twenty presidential election were baseless. Trump has denied that on truth Social saying, quote, Mark Meadows never told me that allegations of significant fraud about the rigged election we're baseless. The former president also addressed that during a break in the Manhattan trial where his business empire is at stake.
But Mark Medo has always felt it was radio. His whole thing was rigged, and it was still element.
I've been talking to former federal prosecutor Robert Mintz of McCarter and English. So, as you say, as part of the immunity deal, the evidence Meadows gives can't be used against him in a federal prosecution, But what about in the Georgia prosecution where he's a co defendant.
That's an excellent point, because the immunity deal that he has from the federal prosecutors only protects him from federal prosecutors using those statement in a federal prosecution does not protect them from the state prosecution that is ongoing in Georgia, where he has charged as the defendant in a rico conspiracy to overturn the election. So it suggests to me that at some point he may also strike a deal to plead guilty in the case in Georgia, although that has not yet happened.
If you were his lawyer, would you allow him to give evidence in a federal case, you know, when he has jeopardy in a state case.
Meadows was not indicted in the federal case in Washington that's set to go to trial in March, but he was charged alongside former President Trump and other top allies in the Fulton County District Attorney case being Georgia. There he was charged on rico conspiracy charges for trying to overturn the twenty twenty election results. And the interesting development here is by striking this immunity deal and being forced to give testimony in the federal case, will those statements
ultimately used against them in the case in Georgia. Under the law, there's nothing that ties the DA's handing Georgia to not use that information. Federal prosecutors can be willing to give up prosecution of mister Meadows in a federal case and agree not to use his statements in any federal prosecution, but they cannot bar the DA in Georgia from using those statements.
Are you surprised that so many people are flipping on Donald Trump? We have Mark Meadows, we have four people in Georgia, including three attorneys, and CNN is reporting that the Georgia DA is talking to six other defendants.
Well, again, just to be clear, we don't know whether Mark Meadows has actually become a cooperator with federal prosecutors. Maybe that he did, but we can't necessarily make that conclusion based upon the information we have. We just know that he's been given immunity and he's given testimony. We'll have to see where that case goes. But we do know that other individuals in the Georgia case have pled guilty and have agreed to cooperate, and that's always a
bad sign for the defense. You always want a united front as a defendant. In this case, it was particularly useful for the Trump team to have a case go to trial before former President Trump went to trial in Georgia. That would have given him a preview of the state's case. It would have allowed them to hear the testimony from the state's witnesses, had to use that testimony later on in a case against former President Trump when all these defendants decide to plead guilty rather than go to trial.
It's the prive defense of that advantage.
Turning away from Mark Meadows, on Monday, Trump rolled out a new multi pronged attack in the federal election obstruction case, making arguments based on claims of presidential immunity, selective prosecution, the First Amendment, do process, and more. Judge Tanya Chutkin to throw out the case against him, which is schedule to begin on March fourth. Do any of the arguments seem like winners to you.
We've seen former President Trump lawyers unleasha barrage of defenses in the federal case that's set to go to trial in March. They have argued a number of defenses. I don't think any of them are likely to succeed before this judge. One of them is presidential immunity. We've seen that argument made time and again. Essentially, what the Trump team is claiming is that former President Trump has immunity against charges for conduct that falls within what's called the
outer perimeter of his presidential duties. The US Supreme Court adopted that standard a long time ago to protect current and former presidents against civil lawsuits, but it's an open question about how that is affected by criminal prosecutions. The Trump lawyers argue that a strong shield is necessary to empower presidents to make decisions in office without worrying about
threats of future charges from political rivals. Prosecutors argue there's no support of position in the Constitution or in any Supreme Court president, and they say it should be harder, not easier, for current and former office holders to claim criminal immunity because those prosecutions are meant to protect the
interests of the public, not private parties. So we're in uncharted ordered once again with this argument, because we've never had a circumstance where a president was attempting to claim immunity from a criminal prosecution.
You know, Selective prosecution is another one of the arguments they're making, and he's used that before, for example in the New York Attorney General civil case against him. And listen to what he said outside the courtroom. This is a.
Railroad, and it's all coming out of the Department of Justice. It's all set up by Biden and his thubs that he's surrounded with to try and stick out an election victory that he's not entitled to win because he's been the worst president in the history of our country.
Well, I think we're seeing the selective prosecution argument coming out again and again because it serves two purposes. One, it is a legal argument that they can make, albeit one that's very difficult to prove. But I also think it plays to the larger attempt by the Trump defense team to sell this case and to sell the defense
to the public at lawrence. The selective prosecution argument is essentially the argument that former President Trump is being treated unfairly, that he's being singled out by an allegedly corrupt Department of Justice, and that President Biden is behind all of these prosecutions in order to try to eliminate his chief rival in the upcoming election. But the reality is that these selective prosecutions from a legal standpoint, are exceedingly difficult
to win. People make these arguments all the time. For example, if you're driving down the highway and you're in a group of ten cars that are all speeding. You get pulled over, you could turn around and say, why am I being pulled over when the nine other people were doing exactly what I was doing and none of them are being prosecuted for speeding. The reality is that in order for that defense have any merits, you have to show not only that you're singled out, but that you
were singled out for some discriminatory or unconstitutional reason. Here that's going to be very difficult to prove. Essentially, the defense would have to prove that there's a political motive for all of these prosecutions, and that President Biden is somehow behind these prosecutions. That's an argument we've heard over and over again, but not one that is likely to be well received by this judge.
Well, Special Counsel Jacksmith's office already filed its opposition to Trump's presidential immunity claim, and they're going to have two weeks to respond to this latest round of challenges. Thanks so much, Bob. That's former federal prosecutor Robert Mintz, a partner Maccarter and English Sam Bankman. Freed came to court today prepared to take the stand and defend his actions in the lead up to the collapse of his digital
asset Empire. To the jury, it's always risky for a defend and to take the stand, but it may have been Bankman Freed's only play after taking a beating from former colleagues who described him as the mastermind of a
year's long scheme to defraud FTX customers and investors. But instead of testifying to the jury, Bankman Freed spent three hours testifying to Judge Lewis Kaplan, trying to convince the judge to allow him to testify to the jury about the role FTX lawyer's play in the lead up to the collapse of the crypto exchange and the alleged mismanagement of customer funds. Joining me is Bloomberg Legal reporter Bob van Vores, who was in the courtroom today to see
this testimony before the testimony. So, Bob, did Bankmin Freed give any testimony before the jury today?
Not in front of the jury. That's the thing. He spent the entire afternoon on the stand, but he was previewing testimony that he wants to give relating to advice that he got from lawyers. So Judge Kaplan is listened to the testimony, he's going to rule in the morning. What the jury gets to hear they got sent home after lunch.
This is something advice of counsel that the judge nixt stopped the defense from using at the beginning of the trial in the opening statements.
Well, yeah, that's the thing. The judge said that they couldn't bring it up in the opening statement, but that you know, when it came to the trial, when it came to actual questions, he'd rule on a case by case basis. So he told the parties that, you know, rather than rule on objections after objections when they come up, he would listen to banquin free testimony and let them know what was okay and what was not okay, not basically what was addressed rehearsal for his testimony, So tell us what.
He testified to some of the areas he testified to.
So he got up and was asked on direct basically about particular transactions that were problematic that were part of the charges of the case. And you know, did lawyers advise him on that these included There was testimony early in the trial about how he told people to put their communications on auditorily so that communications would delete after a week. His side was trying to show that that wasn't sinister at all, but that it was part of a document retention policy and that he was advised by
lawyers and that lawyers were aware of them. Basically, the point that defense is trying to get across is that he did things in the plain sight of lawyers, and so therefore he didn't have any intent to defraud people.
So it's not really an advice of counsel defense so much as it's a sort.
Of a take on that, Yeah, that's exactly right. They're not putting a formal advice of counsel defense where he would say, look, I ran this by my lawyer. My lawyer told me to do this. Did it. Therefore, even if it, you know, was against the law, you can't prosecute you for that. It's less formal than that. It's just that, you know, he's saying that I didn't have criminal intent here because you know, obviously I was doing
this in fronal lawyers. I thought it was okay, and that shows that I thought it was okay.
So Judge Caplan has it seems like with every major motion question that's come up, Judge Caplan has ruled against bank and freed. Today. He asked his lawyer about a hypothetical situation where someone comes across a large sum of money, uses a lawyer to buy an apartment on billionaire's row, and is later charged with money laundering. How is that different from what you're trying to do in principle? It sounds like he doubts this as well.
It does sound like he's skeptical, and we're going to find out tomorrow morning. You know, how much of if any of this he's going to allow in. The prosecution is trying to argue that, you know, this is basically evidence that's going to confuse the jury, and that's not going to basically elucidate the points that the defense is trying to make, or at least legitimate point, and they want the judge to keep it out.
The judge also said at the beginning that this was going to confuse the jury. They think the jury can handle all these different financial transactions, but they can handle adviceive counsel. It seems to me the confusion argument is just so thin.
That's a really good point, you know, I think you're right about that. Has been a lot of testimony about crypto wallets and money moving around virtually and accounting and all that sort of stuff. Yeah, I think you're right that they can make sense of that kind of testimony. But we'll see, we'll see what the judge has to say about that.
What was his demeanor like on the stand?
He was very even on direct he was very concise, to the point in giving his testimony under question from his own lawyer. On cross examination by Danielle Festinini, his distiguous attorney, he was very might even call him a vasis. He was polite, but quibbling with the questions, did a lot of digressions, sort of dodging occasionally, even apologized in advance if he was not going to be answering the
question she asked. It was not a very good performance on cross and if his cross examination in front of the jury is the thing he's going to have some difficulty.
This is sort of like a trial run for him, then they can try to correct.
That's why in the press room we're calling it the dress rehearsal testimony, because the jury, you know, they're all homes and in front of the judge. But you know, sometimes if the dress rehearsal doesn't go well. The premiere is a smash ht so we'll we'll have to see. But if it's a repeat performance tomorrow, I don't think it's doing very good for Sampaker Freed.
What other witnesses is the defense intending to call?
The defense is done with everybody except for sampakm and Free. They had a couple of brief witnesses this morning. They had an expert witness to talk about sort of forensic witness to talk about the transfers between Alameda and FTX. Very brief defense case other than to put on dam Beck and Freed. Who's likely to go all day tomorrow, maybe into Monday.
Let's go back and look at the reason why he may be testifying is because the evidence that the prosecution presented against him in these weeks has been pretty compelling. Describe some of the main witnesses testimony.
Well, Houston faced with testimony from a number of people that he was once close to, that he formerly worked with, including three insiders, three people very close to them in the Inner circle who have pled guilty and are testifying cooperating with the government. These include Caroline Ellison, his former girlfriend who he installed as the CEO about me to Research, which is the affiliated hedge fund with the SDX crypto extreme.
She gave very effective testimony. Also Gary Wong, his FTX co founder, and Nishad Singh, who is the head of engineering for FTX. All three of them gave very clear testimony. In addition, put on Ken's son, the former general counsel, the top in house lawyer at FTC, who testified that Backmin Freed did not let him know about the huge amount of borrowing from al Amida that al Amita took from customer funds at FTX.
Did Bankmin Freed come off as unlikable through the testimony about his lifestyle and how he wanted to project this image and hanging around with celebrities.
There was certainly a decent amount of that sort of testimony about him, you know, sort of dominating other people, presenting an image to the public that he wasn't actually you know, manifesting in his personal life that you know, he was calculating. There was that sort of testimony during the trial, and you would think that's part of the reason that he wants to testify his counter some of that, so you know, we'll have to see how effective he is at that.
Yeah, his whole defense is writing on him. And they say that when a defendant takes the stand, it becomes all about his credibility for the jury. So we'll see what happens tomorrow. I understand this was like a hot ticket today. There were people waiting in line to get into the courtroom.
That's right. There were dozens of people. When I came in this morning a little bit before nine, dozens of people lined up for just twenty one press steachs in the courtroom today. I talked to one of the reporters who was number two in line. He had showed up at two forty in the morning to line up for that seat.
And there were three overflow rooms for those who couldn't get into the courtroom. Have there been a lot of crypto enthusiasts at the trial?
There absolutely has been a lot of crypto press, a lot of just people who follow currency. This is a very very interesting trial for people in that world. It's obviously an event that was a huge watershed in the crypto world, and people want to see these personalities who they came to know. They want to see them in person telling their stories.
And has the jury been attentive through these weeks of testimony.
The jury has been in tentive. There's certainly with SBF on the stand, you can expect them to be glued to every word. They were very attentive for Carolyne Ellison's testimony and things and lungs as well. A little less so with some of the more technical testimony. But yeah, they're going to be riveted tomorrow if.
The judge doesn't allow this advice of council defense or you know, this version of an advisive council defense. What does that leave the defense to argue?
We'll have to see what they're going to question him on, because whatever they question him on, he can get hostile questioning on across examination. So you know, the last thing the defense wants to do is prove the government's case for that. So they're going to have to think very strategically about what they want Sambaquins Creed to testify on. And you know, where he's vulnerable and where he's vulnerable.
We'll find out tomorrow morning what he's allowed to testify to. It will be an exciting day tomorrow in the court, I think, Bob, thanks so much that's Bloomberg Legal reporter Bob van Vories, and that's it for this edition of The Bloomberg Law Show. Remember you can always get the
latest legal news on our Bloomberg Law Podcast. You can find them on Apple Podcasts, Spotify, and at www dot Bloomberg dot com, slash podcast Slash Law, And remember to tune into The Bloomberg Law Show every weeknight at ten pm Wall Street Time. I'm June Grosso and you're listening to Bloomberg
