“You Do Not Have a More Dangerous Defendant Than Donald Trump,” Senior Prosecutor Warns

Jo ShawNov 19, 2023

Minute Read

Neal Katyal, ex-Principal Deputy Solicitor General, Gwen Keyes Fleming, former DeKalb District Attorney, and Andrew Weissmann, former FBI general counsel, recently addressed leaked proffer videos and an expected protective order on MSNBC’s “The Last Word” with Lawrence O’Donnell. Weissmann doubted the full cooperation of witnesses whose testimonies were leaked, asserting that Donald Trump is the most dangerous of the defendants.

Witnesses Not Fully Cooperating

Trump’s former lawyers, Powell, Ellis and Chesebro, had accepted plea deals, and their taped testimonies were all part of the deal. Weissmann expressed skepticism about the former lawyer’s testimonies and suggested they were not “fully cooperating” based on his examination of their tapes.

Tapes Were Not Leaked in Their Entirety

Editorial credit: lev radin / Shutterstock.

Weissmann also noted that their testimony included “things that were harmful to the state’s case.” Lawrence O’Donnell of MSNBC clarified that none of the tapes were leaked “in their entirety,” emphasizing that only specific portions had been disclosed.

The Risk of Substantial Harm

When O’Donnell asked Weissmann what the defense’s argument could consist of concerning the proposed protective order, Weismann responded by saying, “It’s a standard that the government needs to meet here is they need to show that there is a substantial risk of harm or economic injury.” He added, “And so I think they’re going to be questioning the quantum of proof that the state puts up.”

Protective Order and Gag Orders Will Coincide.

He continued, “But I think that this is an area where Fani Willis’s argument tomorrow and Jack Smith’s argument in the D.C. Court of Appeals, to sustain the gag order, really coincide.”

Released Proffer Tapes Harmful to Trump

He said the leaked taped evidence by Jenna Ellis and other witnesses is material that “is harmful to Donald Trump.” He also added that it would be hard for the defense to say there isn’t a “substantial risk to them.”

Not a More Dangerous Defendant

Weissmann agreed that it was “very appropriate to seek this order” since “you do not have a more dangerous defendant than Donald Trump in all of his criminal cases and his civil cases.” Weismann also emphasized that this was the fact that had “ been repeatedly found by the judges overseeing these matters.”

Jonathan Miller, the Lawyer Who Leaked Testimonies

In court, Johnathan Miller, the attorney for Misty Hampton, openly admitted to leaking video evidence to the news media. Hampton is one of the less prominent defendants in the election interference case.

Miller Said No Wrongdoing

In court, Miller acknowledged being the source but contended that he committed no wrongdoing, asserting that the material was not subject to a protective order at the time of sharing. Miller said, “In being transparent with the court, and to make sure that nobody else gets blamed for what happened, and so that I can go to sleep well tonight: Judge, I did release those videos to one outlet.” He further added, “And with all candor to the court, I need the court to know that.”

A Big Lie Narrative

In the summer of this year, Miller had spoken with The Atlanta Journal-Constitution regarding the racketeering trial, stating, “This is a nationally concerted effort to intimidate and silence government whistleblowers and clerks when they react to witnessing election fraud, law violations, and/or vulnerabilities with the election system that contravenes the ‘big lie’ narrative adopted by mainstream media.”

Miller Offering Transparency

Miller expressed the belief that releasing the videos provided transparency to a process that, in his view, unfairly and negatively portrayed his client.

Public Opinion Should Not Decide Case

In deciding on the protective order, Fulton County Judge Scott McAfee stated, “Until we decide what is relevant and admissible, this case should be tried not in the court of public opinion as much as possible, but before a jury, with evidence that has been vetted and approved,” Prosecutors have requested the judge to promptly implement an “emergency” protective order to prevent future leaks.

Release of Videos to Intimidate Witnesses

The filing from prosecutors stated, “The release of these confidential video recordings is clearly intended to intimidate witnesses.” It further read that “subjecting them to harassment and threats prior to trial, constitutes indirect communication about the facts of this case with co-defendants and witnesses.”

Trump Will Benefit the Most

Former U.S. prosecutor and assistant attorney Nick Akerman spoke with CNN’s Sara Sidner about the implications of the leaked testimonies. “The person who benefits the most from all of this is Donald Trump,” Akerman stated.

It Really Threatens the Witnesses.

When Akerman asked why, he said, “Because it really threatens these witnesses. It puts out the fact that three of these four witnesses have direct information on Donald Trump that is highly incriminating and is going to be part of what is likely to be a guilty verdict in that Georgia RICO case.”

I’m Coming After You.

Editorial credit: Gints Ivuskans / Shutterstock.

Akerman posted on X in response to the leaked evidence, quoting Trump’s social media post from back in August, “The Georgia proffer tapes were leaked to help Trump intimidate the cooperating accomplice witnesses, Powell, Ellis, and Chesebro, who will give direct testimony against him in the Georgia RICO case –‘if you go after me, I’m coming after you.’”

Jail Co-defendant Harrison Floyd

The leaked videos coincide with District Attorney Fani Willis’ request that the judge jail fellow co-defendant Harrison Floyd over his efforts to “intimidate co-defendants and witnesses.”

It Has Trump Genius All Over It.

Editorial credit: mark reinstein / Shutterstock.

People posted online in response to the leaked videos. One user posted, “Has Trump ‘genius’ all over it, leak damning testimony about himself to get his base to make death threats on his behalf.”

Delay a Verdict Until Trump Is Re-Elected.

Another posted, “Their primary goal is to get a mistrial. Everyone knows he is guilty, and their best hope is to get the entire thing thrown out or delayed until Trump can be reelected.”