The resignations of two Manhattan prosecutors investigating the Trump Organization signal "a serious disagreement" about how the case should proceed, according to MSNBC analyst Daniel Goldman.
Goldman, a former federal prosecutor who served as lead counsel during former president Donald Trump's first impeachment trial, said potential criminal charges against Trump in Manhattan were always going to be difficult to prove.
"You need direct knowledge of wrongdoing to show that Donald Trump or someone else made material misrepresentations about their financial documents that were relied on by banks, insurance companies or tax entities," Goldman said. "And the problem in getting to Donald Trump has always been that he doesn't email or text, so you basically need a cooperating witness."
Goldman said Trump Organization Chief Financial Officer Allen Weisselberg, already under indictment, has apparently refused to cooperate. And Trump's former "fixer," attorney Michael Cohen, would be "unusable" as a witness due to inevitable credibility issues raised by the defense.
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"That all being said, there is something rotten when the two lead prosecutors, both of whom are extremely experienced, seasoned prosecutors and lawyers, publicly resign reportedly because of disagreements with the DA," Goldman said, referring to Wednesday's report that Carey Dunne and Mark Pomerantz have stepped down from the office of Manhattan District Attorney Alvin Bragg.
"To me, the only conclusion I can reach without knowing any more — and we don't know what the evidence is — but to me it reeks of Carey Dunne and Mark Pomerantz thinking that there is a case here, and Alvin Bragg, the district attorney, deciding that there is not," Goldman said. "Because I can't figure out why else they would resign in this public a way. Certain if they agree there wasn't a case, they wouldn't need to resign. And if they were all in agreement that they should be charged, then they wouldn't resign. So clearly there is serious disagreement, and a public resignation by prosecutors is a very, very unusual event."
Goldman added that the resignations have no bearing on a separate, civil investigation into the Trump Organization's business practices, which is being led by Attorney General Letitia James. He also noted that civil charges would face a considerably lower burden of proof.
"To me, it's a tailor-made civil case, and if they get some breaks in the criminal side, it could be a very provable criminal case," Goldman said. "We don't know the evidence. I have a lot of respect for Mark Pomerantz and Carey Dunne. I don't think they would do this if there was not good cause, and they clearly think something is amiss. They clearly think there is more here than what Alvin Bragg is crediting in this case."
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