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Ben Brafman
Benjamin (Ben) Brafman is a renowned American criminal defense attorney and founder of the Manhattan law firm Brafman & Associates, known for defending Sean Combs, Plaxico Burress, Dominique Strauss-Kahn, Martin Shkreli, and Harvey Weinstein.
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APPEARANCES
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PODCASTS
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Oct 17, 2026
Ben Brafman: When Making Money Costs You Your Family
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19:35Ben BrafmanGUEST
And they ask you all the time, "Why do I read about these, you know, these, uh, you know, violent people who walk out of court with no jail, and here you're telling me I gotta do eight years?" So it's, it's very complicated and, you know, and sometimes you really lose the client by being, uh, you know, honest with them because they think that you're trying to scare them into retaining you, um, because you're trying to make money off of them.
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20:05Ben BrafmanGUEST
And there are some of these cases where, you know, the, what I call the shmejdra.
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20:13Ben BrafmanGUEST
And there are lawyers who let them do that, and now they've done it for 10 years, and suddenly they get indicted, and their way out is to get a bunch of people to lie for them or to approach witnesses and sort of, you know, terrorize them because it's, you know, it's, uh, it's, uh, you know, something that Halakha tells you you're not supposed to do.
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20:35Ben BrafmanGUEST
And, you know, this whole issue of Massera, which is, you know, uh, you know, it was a very good concept when it was formulated because it's, you know, the, there's a Jew hiding in the attic.
50 MINS LATER
Re-release: Renowned Criminal Defense Lawyer Ben Brafman on Trial Practice
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Ben BrafmanGUEST
Well, I think you really have to figure out where a witness has, um, either lied or exaggerated the truth.

Ben BrafmanGUEST
And sometimes merely an exaggeration of the truth gives you an opening that you could drive a tank through.

Ben BrafmanGUEST
And you know, once a witness is caught in either a lie or a substantial exaggeration, um, of the truth, um, you know, you can hit a home run and you can do it very quickly.

Ben BrafmanGUEST
And sometimes the best cross-examination is what I call an affirmative cross-examination, where you use a witness to undermine either the testimony of another witness or you use him to undermine, uh, the testimony or theory of the government's case.

Ben BrafmanGUEST
And when you've done that and you do it quietly and selectively and, you know, you have something in the record that you can then exploit in summation, you know, sometimes the prosecutor looks stunned by what's happened.

Ben BrafmanGUEST
And, um, you know, sometimes, uh, the best cross-examinations are affirmative cross-examinations where you can use a witness.
13 MINS LATER

John QuinnHOST
Um, do you con- Is jury selection a place where you can win or lose a case? And what's your approach to jury selection?
Sean Combs: The Insiders Speak
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17:31Ben BrafmanGUEST
We were told that, you know, Cassie was gonna write a book and if we didn't give him, I don't know, $100 million.
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17:38Ben BrafmanGUEST
I explained to, uh, Puffy that I didn't think the lawyer was serious and he said, "She not gonna write a book.
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18:57Ben BrafmanGUEST
Y- you have to settle this case quietly 'cause if it's filed and even if it's full of fabrications, the fabrications are just terrible.
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19:07Ben BrafmanGUEST
So the press is gonna be terrible and your personal life is gonna change forever.