Biographer walks through how the case against Trump could be presented to the New York grand jury
Award-winning reporter and Trump biographer David Cay Johnston (Photo: Screen capture)

Speaking to MSNBC on Tuesday, Pulitzer Prize-winning reporter David Cay Johnston explained what the Manhattan district attorney would have to do to try a case that would convince a grand jury to hand down indictments.

"Tax cases are lost when they get in the fine details and complexity instead of the fundamental issue of fraud," said Johnston. "When we see an indictment, assuming we do, it may be focused on other things. New York has a state-level racketeering law, and they might well bring the charge in that direction. But they're going to avoid a case where the prosecutors get up and say under section da, da, da, da, da, which it links to, which I have seen happen in trials. So, the -- hone the case, bring it to a point where people understand, you knew this was wrong. Here's the email or memo or instruction that was given. That will be key."

"One thing to watch for, Chris, is whether they have forged documents. Donald's own lawyer testified in one of his two civil tax fraud trials a few years ago, testified that Donald forged his own tax return. He didn't file the return the tax preparer prepared for him. So, there's going to be a lot of things focused on finishing witnesses that will say, 'Mr. Trump told me, I don't care what the law is.' That sort of thing. That is what they need to do to keep it simple, straightforward and fraud."

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Trump biographer grand jury