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Legal guru says prosecution fell 'way short' in Trump case, reasonable doubt is 'everywhere'

A CNN guest legal expert said Tuesday that prosecutors failed to prove beyond a reasonable doubt that former President Trump is guilty of falsifying business records.

Defense attorney Randy Zelin said Tuesday on CNN that prosecutors failed to prove beyond a reasonable doubt that former President Trump is guilty of falsifying business records in the ongoing New York v. Trump trial. 

"They fell way short," Zelin told CNN’s Kate Bolduan. 

"Let’s start with reasonable doubt. What is reasonable doubt? And it’s not simply a doubt based upon reason. Any time a human being needs to make an important decision in life, if you have enough information, for example, doctor says you need open-heart surgery, ‘Doc, go ahead and schedule. I don’t have a reasonable doubt,"’ Zelin added. 

"Conversely, if I say, ‘I appreciate it, but I need a second opinion, I need more information,’ that is having a reasonable doubt. There is reasonable doubt all over this case," he said.

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Zelin wasn’t finished criticizing the prosecution, asking why Trump bodyguard Keith Schiller and former Trump Organization Chief Financial Officer Allen Weisselberg didn’t testify, and pointed to Michael Cohen's lack of credibility

"He’s a fixer. If the plumber comes to my house to fix my leak, I could be home -- that doesn’t mean I know how he’s doing it and what it’s taking to be fixed," Zelin said. 

"Stormy Daniels -- let’s hold a pity party for her. Why do we need to know whether or not the former president wore a condom or not? It’s simply about, did the former president know that books, his records, false entries for legal fees — Michael Cohen was his lawyer," Zelin continued. "Did he intend to cover up the election or to protect his family? It’s everywhere."

Trump was charged with 34 counts of falsifying business records in the first degree. Trump pleaded not guilty. 

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Prosecutors need to prove beyond a reasonable doubt that Trump falsified records to conceal a $130,000 payment to porn star Stormy Daniels in the lead-up to the 2016 election to silence her about an alleged affair with Trump in 2006. The former president has maintained his innocence.

Defense attorneys for Trump agree with Zelin, and told the jury on Tuesday that Manhattan District Attorney Alvin Bragg "did not meet the burden of proof. Period." 

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