Here is something that Alan Dershowitz and Trump supporting legal pundits are not telling you.
A proffer is a meeting between a criminal defendant or suspect and the government that usually takes place at the local U.S. Attorney’s Office rather than in court. At the proffer, a defendant is represented by counsel and the government is represented by the federal prosecutor along with the investigating agents. The meeting is typically covered by a limited immunity agreement where the purpose is for the defendant to share with the government all verbal, written, or electronic information, such as emails, statements, documents, videos, or records that may be of use to the government.
Federal and Georgia prosecutors have obtained proffer agreements from five defendants in the two election interference cases. Mark Meadows, Sidney, Powell, Jenna Ellis, Scott Hall and Kenneth Chesebro have all provided evidence which undoubtedly will be used against the other defendants including Donald Trump. These other defendant don’t know what was said.
Trump’s lawyers for very good reason have done everything they can to keep Trump off the witness stand. They know as soon as Trump is questioned by prosecutors he is likely to perjure himself. As soon as Trump lies, prosecutors will have testimony and evidence not to mention witnesses to refute his lies.
If Trump is convicted in either or both of the election interference cases, as many legal experts believe is likely to happen, he is sure to appeal and drag out the judicial system process. An appeal isn’t granted because the defendant disagrees with the court’s decision. An appeal is granted because there is demonstrable evidence of a judicial technical error.
A conviction of perjury is a different matter. Perjury, and Trump is likely to perjure himself several times, is cut and dried. Convicted perjurers are sent to prison.
As we were reminded during the Watergate era, “it’s not the crime it’s the cover-up”. Trump will unsuccessfully attempted to cover up his crimes with lies on the witness stand. Just as the truth shall set one free, lies shall send him to prison.
One caveat, Trump may not take stand which would be good legal advice. It's not so smart politically to not testify on his own behalf if he wants to convince potential supporters he's innocent or that the charges are a minor "mole hill".
