The Witness Binder Nightmare
how Todd and Susan are spending their weekend
In the movie “A Few Good Men” (1992), JAG Lawyer, Daniel Kaffee, says to his co-counsels, Joanne Galloway and Sam Weinberg:
“Seven tonight. We do the final Kendrick review. I want to slam dunk that guy.”
Not only is it a good dramatic moment, it illustrates an important reality of trials in America. There are really no secrets.
Both sides know who all the witnesses are and are usually well versed in what their likely testimony will be or at a minimum what facts they can testify about with first hand knowledge.
There are a baker’s dozen of key witnesses1 in the case, but the cast of characters who might testify is more than 3 times that number.2
Do yourself a favor. Get a three inch binder. Wait, I’ll just show you one.
Now imagine 100 plus of these filled with investigative reports, deposition transcripts, congressional testimony, interview notes, and other documents.
Todd Blanche and Susan Necheles are spending this weekend reviewing all the witness binders that they have had prepared for the “porn star payoff” case.
Instead of road testing the opening statement and then focusing in the first 2 or 3 witnesses, they have to bury themselves in a library of binders.
Why? Because Donald Trump believes attacking and threatening witnesses will yield a good result.
To a degree, it does. His mindless minions love it, FoxNews and other Far Right news outlets eat it up, and it gives his political pitbulls in Congress red meat (between the “Speech and Debate” clause of Article I and MAGA fecklessness, it doesn’t even need to be Utility Grade).3
But Todd and Susan understand something that their client, does not get — the only people who matter right now are 12 people in the jury box and the Judge.
https://thehill.com/regulation/court-battles/4601194-here-are-the-witnesses-expected-at-trumps-hush-money-trial/
https://www.justsecurity.org/94696/trump-criminal-trial-witnesses/
https://ask.usda.gov/s/article/What-do-beef-grades-mean#:~:text=USDA%2Dgraded%20beef%20sold%20at,enhances%20both%20flavor%20and%20juiciness.