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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.

Oct 17, 2026

19:35
Yeah.
19:35
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.
20:02
So it's, you know, it's, uh, it's very complicated.
20:05
And there are some of these cases where, you know, the, what I call the shmejdra.
20:09
You know, I'm doing this my way and I'll... or I'll take the highway.
20:13
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.
20:35
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

70:20
Yeah, Machne something, yeah
13:18
Well, in, in real time, what are you trying to figure out?
13:22
Well, I think you really have to figure out where a witness has, um, either lied or exaggerated the truth.
13:31
And sometimes merely an exaggeration of the truth gives you an opening that you could drive a tank through.
13:38
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.
13:50
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.
14:10
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.
14:26
And, um, you know, sometimes, uh, the best cross-examinations are affirmative cross-examinations where you can use a witness.

13 MINS LATER

27:45
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?
17:26
The big fire began in 2023 with a phone call from a lawyer in LA.
17:31
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.
17:38
I explained to, uh, Puffy that I didn't think the lawyer was serious and he said, "She not gonna write a book.
17:44
She's got kids, she's got parents, she's married."
18:54
What's your advice after you read the lawsuit to him?
18:57
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.
19:07
So the press is gonna be terrible and your personal life is gonna change forever.

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