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    • Legal proceedings against TrumpJudge Cannon in Florida is handling several issues including the constitutionality of the special counsel appointment, payment for the special counsel, request to change bail conditions, and a hearing on suppressing evidence, which could impact the case significantly if evidence is deemed material and government appeals.

      The legal proceedings against Donald Trump continue with hearings in Florida and Manhattan, while we await the Supreme Court's decisions on immunity and the "Fisher case." Judge Cannon in Florida is handling several issues, including the constitutionality of the special counsel appointment, payment for the special counsel, and a request to change bail conditions for Trump's words regarding FBI agents. A hearing on suppressing evidence is also taking place today, which could have significant implications for the case if the evidence is deemed material and the government decides to appeal the suppression pretrial. The process of deciding what can be made public in these hearings varies in transparency, with some parts being held under seal and others open to the public.

    • Special Counsel's Independence DebateThe debate over former President Trump's ongoing legal proceedings centers around the independence and funding source of Special Counsel Jack Smith, highlighting the complexity of the legal process and the importance of understanding the role and regulations governing Special Counsels.

      The role and independence of the Special Counsel, appointed in criminal investigations, is a subject of ongoing debate in the ongoing legal proceedings against former President Trump. The Special Counsel regulations grant the Department of Justice the power to appoint special councils, but the regulations also stipulate that the special counsel will not be subject to day-to-day supervision by any official at the Department of Justice. This has led to arguments that the Special Counsel, in this case, Jack Smith, is either too independent for one clause of the Constitution or not independent enough for another. The debate centers around the funding source for the Special Counsel and whether it complies with the Constitution or the Appropriations Clause. The government has argued that even if the funding source is found to be improper, the remedy would be to find a different funding source, rather than dismissing the entire indictment. The contrasting arguments about the Special Counsel's independence highlight the complexity of the legal proceedings and the importance of understanding the role and regulations governing the Special Counsel.

    • Special Counsel oversightThe Special Counsel operates independently but is subject to oversight by the Attorney General, including the ability to request explanations and reverse decisions. This balance ensures accountability while preserving independence.

      The Special Counsel, while operationally independent, is not entirely free from supervision. The Attorney General can request explanations for investigative steps and even reverse decisions if deemed unwarranted. These checks are in place to balance independence and accountability, with the Attorney General required to report any overruling to Congress for transparency. Internal rules, though not legally binding, allow for the Attorney General to exercise supervision and oversight within their statutory authority. Despite the lack of day-to-day supervision, the Special Counsel is subject to various internal approvals and processes. The ultimate goal is to maintain a balance between the Special Counsel's independence and the Attorney General's oversight.

    • Gag order in Mar-a-Lago investigationJudge's lenient response to defense arguments on gag order raises concerns, as she did not address false statements that could incite violence, and prosecution argues that Trump's statements have led to threats and violence in the past

      During a court hearing regarding a request for a gag order in the Mar-a-Lago investigation, the judge questioned the necessity of the order due to redactions in court filings. However, the prosecution argued that the names of FBI agents involved in the case have been leaked, making a gag order necessary to prevent potential harm. The judge's seemingly lenient response to the defense's arguments raised concerns, as she did not press them on the false statements made by Trump that could incite violence. The prosecution argued that there have been numerous instances of Trump's statements leading to threats and violence, making it foreseeable and a risk of danger. The outcome of this issue could have significant implications for the case, potentially leading to an appeal to the 11th Circuit.

    • Judge Cannon's handling of the Mar-a-Lago caseJudge Cannon's refusal to use a magistrate judge and her previous resistance to recusal requests have raised concerns about her impartiality and experience in handling the Mar-a-Lago case, potentially indicating a broken legal system or an outlier judge.

      The Mar-a-Lago case judge, Judge Cannon, has been criticized for her handling of the case, leading listeners to question if she is an outlier or if the US legal system is broken. According to reports, two judges at the district court level asked Judge Cannon to recuse due to her inexperience, which she refused. Notably, Judge Cannon has not utilized a magistrate judge, who could help move the case along and handle pretrial motions. Magistrate judges are appointed for significant terms and can be reappointed, but Judge Cannon's refusal to use one raises concerns about her bias and desire to overrule impartial decisions. In contrast, it's common for every case to be assigned both a district judge and a magistrate judge. Overall, based on the reported behavior and experiences of other judges, Judge Cannon appears to be the outlier in this situation.

    • Legal Opinions of Judge CannonSome legal experts question the legal opinions of Judge Cannon, as evidenced by the 11th Circuit reversing her decisions in Trump's civil case. The Supreme Court is expected to issue decisions on key cases that could impact the ongoing trial significantly.

      The legal opinions of Judge Aileen Cannon have been questioned by some legal experts due to a perceived misunderstanding of the law in certain cases. This was evident when the 11th Circuit reversed her decisions in Trump's civil case regarding seized documents. Additionally, the DA in the Trump indictment case recently filed for a gag order extension, conceding that the order could be lifted for witnesses but emphasizing the need for protection due to ongoing threats. The Supreme Court is expected to issue decisions on key cases this week, which could impact the ongoing trial significantly. While it may seem like a presidential pocket veto due to the timing, the court is not required to hand down an immunity decision before the election. After the decisions are issued, there will be further discussion on potential outcomes.

    • Presidential immunity, January 6th investigationThe Supreme Court's decision on presidential immunity could impact the January 6th investigation and potential trial for former President Trump, potentially preventing the introduction of certain evidence and delaying the trial, but the public may still learn more through committee hearings and grand jury testimony.

      The Supreme Court will not be delaying its decision on the case regarding presidential immunity for criminal investigations until after the election. However, the impact of the decision on the January 6th investigation and potential trial for former President Trump remains uncertain. If the Supreme Court rules in favor of immunity for some aspect of official acts, it could potentially prevent the introduction of certain evidence and delay the trial. The public may still be able to hear additional evidence through the January 6th committee hearings and potential grand jury testimony from witnesses like Mike Pence. Ultimately, the outcome of the case could significantly impact the public's understanding of the events leading up to the Capitol insurrection.

    • Impact of Judge's decision on electionsJudge's decision on Trump classified documents case could impact public access to info before elections, potentially allowing for a factual hearing or setting a precedent for future cases.

      The outcome of Judge Mary Kay Vazquez's decision in the ongoing legal battle between the Department of Justice and former President Donald Trump regarding the handling of classified documents could significantly impact the public's access to relevant information before the upcoming elections. If the judge rules in favor of a factual hearing, it could potentially provide a platform for the government to present evidence and witnesses, allowing the public to make informed decisions. However, if the Supreme Court decides that this is a purely legal issue, the hearing might not happen before the election. Ultimately, the decision could set a precedent for how future cases involving sitting presidents and classified information are handled.

    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.