Irv Miller: Trump's political prosecution claim is not a legal defense

Our

legal

analyst Irv Miller joins us now on Irv, an extraordinary day in court as we hear from Trump's lawyer. We also hear from him what he's deducing about his strategy going forward and, any thoughts as a former

defense

attorney and prosecutor about what they're doing right, they're trying to formulate a

defense

, but unfortunately for them it's not a

legal

defense, no. You can go in front of a jury and say that this is a

political

trial, it is not going to work, the judge is not going to instruct. to the jury that that is a legitimate defense so there will not be a form of not guilty for that particular defense what they are trying to do is to eventually tell the jury that is hearing this right now jurors can avoid the facts that can avoid the law you are the jury you can do whatever you want others say it is a First Amendment case or I was listening to their advisors we are listening to some of the defenses that could be used well that is what they are saying but the problem is their actions to promote these conspiracies.

It's one thing to talk to someone and just have a conversation, it's another thing to plan election interference or plan to get fake voters that go beyond First Amendment speech that goes into fraud and a conspiracy, there seems to be some indication that someone would re-litigate some of those election issues. Do you think the judge is going to allow that to happen? Well, that's a very interesting question because you don't know what the judge's strategy is. The judge is going to go in there and try to figure out, let's see, am I going to let them get into a lot of things or am I going to combine and limit the evidence to just the four corners of the

prosecution

?

It will be interesting to see. what you do at the time of trial when the prosecutor starts to object to some of these things, whether or not you maintain the objection or say it's overruled, there are only a few seconds left here or the moment when you don't think this is going to happen before next year elections others think that this will be the case unilaterally it depends on the judge the judge sets the date ready or not here we go the judge does it but one thing you must remember is that you do not want to have a trial where the defense is not prepared and there is a conviction It goes to the Court of Appeals and is overturned because you violated the defendant's rights by going too fast.

Alright, Irv, as always, thanks for the analysis on him, much more coverage of current Raymond, uh, former President Trump, on the CBS Evening News coming up. right after CBS News at five