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Sunday, February 11, 2018

Preparing witnesses

  Chump has preempted me once again.  For a few days I have been thinking about writing a piece about preparing a witness for testimony.  Before I could get to my computer there arose  the story of another Trumpian biting the dust, or should I say hitting  a spouse.  Separately there is the story of Nancy Pelosi a 77 year old woman, standing on four inch heels delivering a passionate 8 hour speech about dreamers and the moral obligation of Paul Ryan to do the right thing.  So I will start with preparing a witness.  More to follow about other subjects.  I assume Trump will preempt me again.
       Before reading beyond this sentence, please ask yourself what would be the first question you would ask Chump if you were Mueller?  I have my question.  Here it is. You told NBC News the following," I have the world's greatest memory.  It's one thing everyone agrees on."  Is that a true statement?  Will Chump admit that was a lie?  Or will he still claim he has the world's greatest memory? As a wise person once said, if you are going to lie, you better have a good memory.  We know that he can tell multiple lies within one sentence.  In fact, he told two lies in the above quote.
       I have prepared a huge number of witnesses for testimony under oath whether at depositions or trials.  I always told them certain basic rules.  First, never lie.  Never worry that an answer will hurt you.  What will hurt you is if you lie and you're caught.  Second, there is nothing wrong with saying, "I don't remember."  The witness is not being given a memory test. The problem for Chump is that he has publicly stated on multiple occasions that he has the world's greatest memory.  So if he answers the first question affirmatively, every time he says he does not remember, he is lying.  Chump has faced this dilemma  before. In a deposition involving Trump University, he said he did not remember 35 times.
       Years ago I represented a fairly wealthy woman in a personal injury case.  In written interrogatories she answered that she had never been arrested and convicted of a crime.  At her oral deposition she said the same thing.  Then the opposing counsel asked her about her conviction for shoplifting at Saks.  That was the end of the case.  Later she told me that she thought the other side would never find out about it.  If she had told me about the conviction before answering the interrogatory, the problem would have gone away.  The shoplifting had nothing to do with an auto accident case.  But she ruined her case by lying.
        I have no doubt that Mueller has a great deal of knowledge about Chump's nefarious dealings with Russians.  If he lies, Mueller will have him both on the dealings and on perjury.  
        I have had the experience, more than once, of dreading my client's upcoming testimony.  Some clients are uncontrollable. It is an awful experience.  I think that Chump is far more uncontrollable witness than any I have dealt with.  If I were Chump's lawyer I would play out the string as long as possible in the hope that somehow he will not be compelled to testify.  I would love to be a fly on the wall to hear the discussions between Chump and his lawyers.  Then I would love to buzz unto  the wall for Mueller's questioning of Chump.  I remain convinced that once Mueller completes his investigation, Chump's presidency will have less than a 50% chance of survival.  He's a liar and a thief. Thanks again  for listening.


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