NY officials need 'cooperating witnesses' on the Trump family to advance their investigation: Former prosecutor

On CNN Wednesday, former federal prosecutor Renato Mariotti speculated that for New York state and county officials to be coordinating on a criminal investigation against the Trump Organization, they may have cooperating witnesses against the former president's family.

"Based on your experience, what would an attorney general need to make this change or feel they have the goods to make this change from a civil to a criminal prosecution?" asked anchor Jim Scuitto. "Might that include a cooperating witness?"

"It very well might," said Mariotti. "They'll need evidence of intent to defraud. That's really the dividing line that makes it difficult to prove a fraud case, something like this. In other words, not just that there might have been recklessness or even false statements that were made to lenders, for example ... but somebody intended to trick the lenders, somebody intended to fool them to get their money. In this case, because they're investigating the Trump Organization, it's going to be somebody high up in that organization who they think had some responsibility for the organization as a whole, whether it's [Allen] Weisselberg or one of the Trumps, potentially."

"I think it will lead to Trump refusing to talk with him, if he has any sense or his attorneys have any sense," added Mariotti. "The last thing you'd want, if I were representing Donald Trump, is for him to raise his right hand, take an oath and swear to tell the truth. They will decline and come up with some reason for it. Essentially he'll be taking the Fifth."

Watch below:

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