Jesse Binnall, an attorney for former President Donald Trump, told Newsmax on Monday that the latest flub by the prosecution in the business records case in New York is another example of the former president's civil rights being violated.
Binnall and former Florida Attorney General Pam Bondi joined "Eric Bolling The Balance" to discuss and analyze the three pages of call records that were deleted by Manhattan District Attorney Alvin Bragg's office. A paralegal in Bragg's office admitted under oath Friday that toll records — detailing things such as time, duration, completion status, source number, and destination number of a call — between Keith Davidson, Stormy Daniels' attorney, and Michael Cohen were deleted.
"This is one of many reasons why the prosecution has truly, truly violated President Trump's civil rights," Binnall said. "This is something called the spoliation of evidence, when you destroy evidence ... that is relevant to the case, and it certainly appears to be relevant to the case. It also could be evidence that's considered Brady evidence, something that is helpful to a defendant that has to be preserved and given to the defendant.
"The fact that they haven't done that here is yet another way that the prosecution has completely violated President Trump's civil rights. Absolutely incredible that the judge in this case is letting all this continue in light of everything that has come out," Binnall added.
Bondi, also a former assistant state attorney, pointed out the difference between this trial and "the real world."
"In the real world, in a real trial that wasn't rigged, ... here's what would have happened: The judge would have thrown everybody out of the courtroom when he found that out, and he would have gone after the prosecutors, saying, 'Why did you delete, alter, manipulate, take out three pages of records?' And they were relevant," she said.
"So ... this is just one more reason President Trump won't be convicted. But if he was, this is just one more reason why the case would be overturned on appeal."
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Mark Swanson ✉
Mark Swanson, a Newsmax writer and editor, has nearly three decades of experience covering news, culture and politics.
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