WATCH: Former Attorney General Slams Alvin Bragg’s Case, Gives Democrats Bad News

Former acting Attorney General Matthew Whitaker delivered a scathing critique of Manhattan District Attorney Alvin Bragg’s prosecution against former President Donald Trump on Monday. The case, which centers on alleged hush payments made ahead of the 2016 presidential election, continues to draw nationwide attention as prosecutors attempt to build their case around testimonies from former Trump Organization controller Jeffrey McConney, former attorney Michael Cohen, and adult film star Stormy Daniels.

Prosecutors called Jeffrey McConney to the stand on Monday, hoping to establish a foundation for upcoming testimonies from Stormy Daniels and Michael Cohen. Daniels is expected to detail alleged hush payments that Cohen negotiated on Trump’s behalf to silence her before the 2016 election.

Harris Faulkner of Fox News welcomed Whitaker to the program, pointing out the prosecution’s assertion that Trump and Cohen created an “elaborate scheme” to obscure the true nature of payments made to Cohen. “This is going to come down to Cohen versus Trump’s word,” she said, revealing information from inside the courtroom. Whitaker served as Acting U.S. Attorney General from November 2018 to February 2019 after Jeff Sessions resigned. Prior to this, he was Chief of Staff to Sessions.

“What I make of it, having tried cases both as a prosecutor and as a defense attorney, is that to prove a case beyond a reasonable doubt, you have to have it pretty much without holes,” Whitaker said. He further explained that the prosecution’s current approach has failed to fulfill its initial promises. “Every witness has gone to undermine the core of their case, which was that these payments were known by Donald Trump to be illegal. They were not illegal.”

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Whitaker said that prosecutors are attempting to transform alleged misdemeanor document falsifications into felonies by connecting them to interference in the 2016 election. However, the supposed document falsifications occurred in 2017.

“I think this is a card trick that they’re trying to do. It’s wrong on the law. It will be overturned, there’s no doubt.”

Prosecutors argue that Trump was embroiled in a conspiracy to undermine the integrity of the 2016 election by suppressing damaging information, which included Cohen’s payment to adult film actress Stormy Daniels. The former president stands accused of 34 felony counts related to falsifying business records, to which he has pleaded not guilty.

Earlier this morning, Judge Merchan reiterated his concerns over Trump’s compliance with the court’s gag order, which prohibits him from publicly discussing the jury. The judge warned that further violations could result in Trump facing jail time if the order is breached again.

Experts monitoring the case suggest Trump’s attorneys will argue that hush money payments are legal. They aim to distance the former president from the reimbursement arrangements and bookkeeping handled by trusted employees. The defense might also claim the payments were intended to shield Trump’s family from embarrassment, not to sway the election. Trump could choose to testify himself, a decision he made recently in two civil cases. However, given the higher stakes in a criminal trial, the potential risks of such a move remain significant.

Cameras are prohibited inside the Manhattan courtroom during the trial but sketch artists have been capturing the scene.

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