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    • Indictment against Trump: Stronger and more devastating than anticipatedThe indictment against Trump alleges personal involvement in handling classified documents, obstructing justice, and lying to attorneys, presenting a strong case assuming facts to be true. The 31 charges based on 31 documents pose challenges for the government in proving harm, but the evidence suggests a compelling case.

      The indictment against Donald Trump, unsealed within the last 24 hours, is stronger and more devastating than anticipated. The indictment alleges Trump's personal involvement in taking, reviewing, and concealing classified documents, as well as obstructing justice and lying to his attorneys. These allegations, assuming the facts and evidence to be true, present a very strong case against Trump. The significance of the 31 charges based on the 31 documents in question lies in the challenges the government faces in proving the harm caused by the mishandling of classified information in trials. However, the strength of the evidence presented in the indictment suggests a compelling case against Trump. Trump, as usual, has responded by attacking the special counsel, Jack Smith, but the indictment marks a significant development in the ongoing investigation.

    • US Intelligence Allows Use of 31 Classified Documents in Trump InvestigationThe US intelligence community's approval of 31 classified documents for use in the Trump investigation highlights concerns over potential national security threats from his actions, involving sensitive topics like defense capabilities and retaliation plans.

      The US intelligence community's decision to allow the use of 31 classified documents in the ongoing investigation into former President Trump signals a significant concern over potential national security threats from his actions. These documents cover a range of sensitive topics, including US and foreign defense capabilities, vulnerabilities, and retaliation plans. The fact that Trump himself has acknowledged the importance of safeguarding classified information makes his alleged retention of these documents even more concerning. The documents' release could have serious implications, and it remains to be seen how they were shared and what impact they may have had. The indictment includes Trump's own statements on the importance of national security, emphasizing his awareness of the need to protect classified information. The clearance process for these documents involved multiple agencies, highlighting the gravity of the situation.

    • Mar-a-Lago Documents Reveal Sensitive Military and Nuclear InformationUnsecured Mar-a-Lago documents contained sensitive military and nuclear information, potentially compromising human assets and national security.

      The documents found at Mar-a-Lago contained highly sensitive information related to military capabilities, nuclear programs, and foreign adversaries. These documents were not securely stored and were accessible to many people, making them a potential honeypot for foreign adversaries. The consequences of this breach have been far-reaching, requiring damage control from the intelligence community and potentially compromising human assets. The indictment reveals that Donald Trump's statements were a significant source of evidence in the obstruction of justice investigation. The documents' contents are chilling, with examples including nuclear capabilities of foreign countries and military operations against US forces. The discovery of these documents at Mar-a-Lago, a known target for foreign adversaries, adds to the gravity of the situation. The documents' public release has been described as devastating and jaw-dropping, highlighting the importance of protecting classified information and the potential consequences of its mishandling.

    • Evidence of Trump's involvement in criminal activity documentedTexts and witnesses detail Trump's requests for crimes, providing crucial evidence in the criminal case against him

      The indictment against Donald Trump reveals clear evidence of him asking his lawyers and employees to commit crimes, such as lying to the Department of Justice or getting rid of documents. These requests were documented through text messages and witnessed by multiple individuals. The importance of these texts and witnesses cannot be overstated, as they provide contemporaneous evidence of Trump's involvement in the alleged criminal activity. The indictment also highlights Trump's micromanagement of the situation, further strengthening the case against him. While the indictment is a speaking indictment and does not include all the evidence, the presented evidence is already overwhelming, making this a strong case for criminal prosecution.

    • Trump Indictment: Sharing Classified Info at BedminsterThe indictment against Trump includes allegations of sharing classified info at Bedminster, potentially charged as dissemination but not due to venue issues. Trump's disregard for protecting classified info is emphasized, highlighting the importance of handling sensitive data responsibly.

      That the recently unsealed indictment against Donald Trump includes allegations of him sharing classified information with unauthorized individuals during his post-presidency, specifically at his Bedminster estate. These instances could have potentially been charged as dissemination, but the government chose not to, possibly due to the difficulty of justifying the venue for such charges in Florida. The indictment also reveals Trump's apparent disregard for protecting classified information, despite his constitutional responsibility to do so. These incidents are significant as they provide context for the decision to charge Trump with multiple felony counts, and underscore the importance of handling sensitive information responsibly.

    • Judge Cannon's Assignment to Trump Case Not SurprisingDespite criticisms, Judge Cannon's assignment to the Trump-Mar-a-Lago documents case was likely due to a small pool of available judges and the automatic connection to the district judge in this judge-magistrate combination.

      The assignment of Judge Aileen Cannon to the Trump-Mar-a-Lago documents case was likely due to a small pool of available judges in the West Palm Beach district and the anticipated length of the trial. The judges are randomly assigned based on the location of the case and the expected trial duration. The denominator of the judges in the wheel for longer trials could make the selection of Judge Cannon less unusual. Additionally, the magistrate judge is automatically connected to the district judge in this judge-magistrate combination. It's important to note that Judge Cannon has been reversed by the 11th Circuit twice and was criticized for her rulings and behavior towards the special master. Despite her past criticisms, the assignment may not have been unexpected due to the small pool of available judges.

    • Two Options for the Government in Mar-a-Lago CaseThe government can either continue with Judge Cannon's rulings and risk delays or seek her recusal based on potential bias in the Mar-a-Lago case.

      The government has two main options in response to Judge Cannon's controversial rulings in the Mar-a-Lago case: they can continue with the proceedings and argue for a quick trial, or they can seek her recusal based on potential bias. While it's rare for a judge's emotional responses to sway appellate judges, there is some precedent in the 11th Circuit for requiring recusal in such cases. However, the government may choose to proceed with Judge Cannon, knowing the risks of her controlling the trial schedule. The most significant risk is her potential delay of the trial date, which could be addressed through a writ of mandamus, although the standard for this remedy is high. The government may also consider creating a record for recusal in the future if Judge Cannon continues to make egregious rulings. Ultimately, the decision rests with the government, and the outcome will depend on their assessment of the risks and benefits of each option.

    • A well-written and persuasive indictment against Donald TrumpThe Mar-a-Lago indictment against Trump demonstrates the thorough investigation by Special Counsel Jack Smith's team, providing clear evidence of obstructive actions and emphasizing the importance of transparency and accessibility in legal documents.

      The indictment against Donald Trump in the Mar-a-Lago case is a testament to the extensive and meticulous investigation conducted by Special Counsel Jack Smith and his team. The indictment, which was released recently, provides clear and compelling evidence of Trump's attempts to obstruct justice, and it demonstrates the importance of transparency and accessibility in legal documents. Despite the legal complexities involved, the indictment is a well-written and persuasive document that spells out the facts in a clear and understandable manner. Even for those who may not be familiar with legal jargon, the indictment is a valuable resource that sheds light on the allegations against Trump. The fact that this extensive investigation and indictment were completed in just 6 to 7 months is a remarkable achievement and a harbinger of things to come in the January 6th case. Overall, the indictment serves as a reminder of the importance of the rule of law and the role of the justice system in holding individuals accountable for their actions.

    • Engage with the Prosecuting Donald Trump podcast by leaving voice mails or sending emails with questionsThe Prosecuting Donald Trump podcast encourages audience engagement and is produced by a team including Alicia Conley, Jessica Schrecker, Bryson Barnes, Cedric Wilson, Jim Barris Perez, Ayesha Turner, and Rebecca Cutler, and can be found on various podcast platforms

      The Prosecuting Donald Trump podcast encourages listeners to engage with the show by leaving voice mails or sending emails with their questions. The team behind the podcast includes Alicia Conley as the senior producer, Jessica Schrecker as a segment producer, Bryson Barnes as the technical director, Cedric Wilson as the audio engineer, Jim Barris Perez as the associate producer, Ayesha Turner as an executive producer, and Rebecca Cutler as the senior vice president for content strategy at MSNBC. The podcast can be found and subscribed to on various podcast platforms. Stay tuned for more insightful discussions on the Prosecuting Donald Trump podcast next week.

    Recent Episodes from Prosecuting Donald Trump

    ‘A Dessert Topping and a Floor Wax’

    ‘A Dessert Topping and a Floor Wax’

    There has been a slew of hearings before Judge Aileen Cannon in the Florida documents case over the past few days, and veteran prosecutors Andrew Weissmann and Mary McCord examine why some of these seem like unnecessary delays. Then, why Manhattan D.A. Alvin Bragg is asking for the limited gag order to continue in New York as Donald Trump awaits sentencing. And lastly, Mary and Andrew game out some scenarios as we hurry up and wait for the Supreme Court to decide on presidential immunity.

    Also, an exciting announcement! On Saturday, September 7th, MSNBC will be hosting a live event in Brooklyn called “MSNBC Live: Democracy 2024”. It will be your chance to hear thought-provoking conversations about the most pressing issues of our time, and to do so in person with some of your favorite MSNBC hosts. You can also take part in a sit-down dinner for an insider’s view of the upcoming election. Visit https://www.msnbc.com/DEMOCRACY2024 to learn more.

    Trigger Avenue

    Trigger Avenue

    This week, MSNBC legal analysts Andrew Weissmann and Mary McCord dive deep into several pending motions, including Jack Smith’s pre-trial motion to modify Trump's conditions of release in the Florida documents case, which would effectively impose a gag order, just under a different legal principle. Plus: Trump’s push to end the post-trial gag order in New York. And what's at issue in the suppression motion also filed in Florida that Judge Cannon will hear next Tuesday. Last up: a preview of Fischer v. United States, a pending Supreme Court case that could have a trickle-down effect on Trump’s DC case.

    Note: Listeners can send questions to: ProsecutingTrumpQuestions@nbcuni.com

    Post-Trial and Pre-Trial

    Post-Trial and Pre-Trial

    Former President Trump awaits his sentencing in New York, but he wants the gag order lifted in the meantime. Is that typical? Veteran prosecutors Andrew Weissmann and Mary McCord break down that motion, and the mechanics of sentencing in the lead up to July 11th. They also highlight Attorney General Merrick Garland’s recent op-ed calling for an end to escalated assaults on our judicial system in the wake of Trump’s verdict in Manhattan. Last up, Andrew and Mary scrutinize Judge Cannon’s schedule revisions for several motions in Florida documents case, and analyze the significance of Georgia racketeering case being stayed pending appeal.

    Further reading: Here is Attorney General Merrick Garland’s OpEd in the Washington Post that Andrew and Mary spoke about: Opinion- Merrick Garland: Unfounded attacks on the Justice Department must end

    Note: Listeners can send questions to: ProsecutingTrumpQuestions@nbcuni.com

    BONUS: Season 2 of “Rachel Maddow Presents: Ultra”

    BONUS: Season 2 of “Rachel Maddow Presents: Ultra”

    As a bonus for listeners, we’re sharing a special preview of the second season of the award-winning original series, “Rachel Maddow Presents: Ultra.” In the chart-topping second season, Rachel Maddow returns to uncover the shocking history of the ultra-right’s reach into American politics. Listen to the entire first episode now, and follow the show to get the whole series: https://link.chtbl.com/rmpust_fdlw. You can also subscribe to MSNBC Premium on Apple Podcasts for early access to every episode the Friday before it drops, and ad-free listening to all episodes of Ultra seasons one and two.

    The Disinformation Campaign

    The Disinformation Campaign

    It’s been less than a week since the jury reached a verdict in Donald Trump’s criminal trial and the political spin on the result is dizzying. MSNBC legal analysts Andrew Weissmann and Mary McCord seek to debunk several claims entered into the public discourse, especially around the Department of Justice being involved in a state case and that the trial was somehow ‘rigged’. They also address some breaking news out of Wisconsin, where Kenneth Chesebro, Jim Troupis and Michael Roman were criminally charged in that state's  fake elector scheme. Then, Andrew and Mary review the latest in Florida after Special Counsel Jack Smith refiled his motion to bar Trump from making statements that endanger law enforcement.

    Note: Listeners can send questions to: ProsecutingTrumpQuestions@nbcuni.com

    BONUS: Witness to History

    BONUS: Witness to History

    In a new special, Andrew Weissmann, Rachel Maddow and our team give an intimate and personal look inside the Trump courtroom. They tell some never-before-heard stories about what it was like to witness, firsthand, some of the most explosive moments of the trial. In addition to Rachel and Andrew, you'll hear from Joy Reid, Lawrence O’Donnell, Chris Hayes, Katie Phang, Lisa Rubin, Yasmin Vossoughian, and Laura Jarrett. Together, they share what it was like to witness history from the Manhattan Criminal Courthouse.

    In Closing

    In Closing

    It’s a historic moment, as the country awaits the jury’s verdict in the first ever criminal trial of a former president. To assess the gravity of what each side needed to convey in summations, MSNBC legal analysts Andrew Weissmann and Mary McCord scrutinize the approach to closing arguments by both the defense and the prosecution. Then, they turn to the latest from the Florida documents case, where Judge Cannon and Special Counsel Jack Smith are at odds. The issue: Donald Trump’s ‘lies’ posted and amplified, concerning the search warrants executed on his Mar-a-Lago estate in 2022.

    "The E-mail Speaks for Itself"

    "The E-mail Speaks for Itself"

    Ahead of Tuesday’s closing arguments in the first ever criminal trial of a former president, MSNBC legal analysts Andrew Weissmann and Mary McCord detail Tuesday’s crushing cross examination of Robert Costello by Susan Hoffinger, and what it means for the defense’s attempt to undermine Michael Cohen’s credibility. Then, what listeners should infer from the charging conference- as this determines what the jury can deliberate on. And big picture: what each side needs to accomplish in their respective closing arguments.

    130,000 Reasons

    130,000 Reasons

    Donald Trump’s defense team rested on Tuesday without calling the former President to the stand. But some crucial points were made before the conclusion of Michael Cohen’s cross examination that veteran prosecutors Andrew Weissmann and Mary McCord explain in depth. They also weigh in on some courtroom tactics that worked and others that didn’t go over well from both the prosecution and the defense. Plus, Andrew and Mary detail some of the gambits used by defense witness Robert Costello that were admonished by Judge Merchan.

    Related Episodes

    The Second Indictment

    The Second Indictment

    Donald Trump has become the first former president to face federal prosecution. A grand jury in Miami has charged him with 37 criminal counts in special counsel Jack Smith’s documents probe. MSNBC legal analysts Andrew Weissmann and Mary McCord take a closer look at what we know so far and why these charges are so important.

     

    If you have questions, you can leave us a voicemail at 917-342-2934 and maybe we’ll play it on the pod! You can also email us at ProsecutingTrumpQuestions@nbcuni.com

    BONUS: Prosecuting Donald Trump: The Full Indictment Read by Ali Velshi

    BONUS: Prosecuting Donald Trump: The Full Indictment Read by Ali Velshi

    What exactly is inside that historic 37-count federal indictment against Donald Trump? MSNBC host Ali Velshi reads every word of the DOJ’s allegations against the former president, including a transcript of a conversation Trump allegedly had about a classified military document and texts between his employees.

    If you have questions, you can leave us a voicemail at 917-342-2934 and maybe we’ll play it on the pod! You can also email us at ProsecutingTrumpQuestions@nbcuni.com

    BONUS: Prosecuting Donald Trump: The Full Indictment Read by Ali Velshi

    BONUS: Prosecuting Donald Trump: The Full Indictment Read by Ali Velshi

    What exactly is inside that historic 37-count federal indictment against Donald Trump? MSNBC host Ali Velshi reads every word of the DOJ’s allegations against the former president, including a transcript of a conversation Trump allegedly had about a classified military document and texts between his employees.

    If you have questions, you can leave us a voicemail at 917-342-2934 and maybe we’ll play it on the pod! You can also email us at ProsecutingTrumpQuestions@nbcuni.com.

    BONUS: Prosecuting Donald Trump: The Full Indictment Read by Ali Velshi

    BONUS: Prosecuting Donald Trump: The Full Indictment Read by Ali Velshi

    What exactly is inside that historic 37-count federal indictment against Donald Trump? MSNBC host Ali Velshi reads every word of the DOJ’s allegations against the former president, including a transcript of a conversation Trump allegedly had about a classified military document and texts between his employees.

    If you have questions, you can leave us a voicemail at 917-342-2934 and maybe we’ll play it on the pod! You can also email us at ProsecutingTrumpQuestions@nbcuni.com.

    Government Secrets at Trial

    Government Secrets at Trial

    Judge Aileen Cannon surprised many by setting an Aug. 14th trial date in Donald Trump’s classified documents case – just 2 months from now. But will that date hold and how will the court keep government secrets safe? MSNBC legal analysts Andrew Weissmann and Mary McCord are joined by national security attorney Mark Zaid to break down the Classified Information Procedures Act (CIPA) and how it could impact the case.