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    • Understanding the Legal Proceedings Against TrumpThis book provides accessible insights into the indictments against Trump, including annotations, commentary, and context for both lawyers and non-lawyers.

      The authors of "The Trump Indictments: The Historic Case Against the 45th President" have created an accessible and informative resource for understanding the legal proceedings against former President Donald Trump. The book not only includes the full text of the indictments but also provides annotations, commentary, and context to help readers grasp the complex legal issues involved. The authors aim to make the material understandable for both lawyers and non-lawyers, and the book serves as a useful companion to their podcast. The upcoming DC trial, which may provide additional context for the indictments, further underscores the relevance and timeliness of this resource.

    • Legal proceedings for Trump inundated with motionsThe Trump legal team and prosecutors are filing numerous motions in various cases, some sealed, and the Supreme Court is yet to decide on the immunity case, causing legal chaos

      The legal proceedings involving Donald Trump are currently inundated with numerous motions, with both Trump and the prosecutors filing multiple motions in various cases. These motions range from dismissals to appeals, and some of them contain information that has been filed under seal, making it unclear what the full scope of these filings is. The Supreme Court is also yet to decide whether to take up the immunity case, adding to the legal chaos. The podcast hosts speculate that the court may have already made its decision but is yet to announce it, as there seems to be no need for further delay if a stay or cert is to be granted. Despite the distractions, the hosts plan to focus on the substance of these cases, starting with the motions related to Mar-a-Lago and the New York election interference case, followed by the appeal of the civil fraud judgment and the ongoing developments in Georgia.

    • Trump's legal team arguing against Mar-a-Lago indictment with immunity, Records Act, special counsel appointment, and vaguenessTrump's legal team is making several arguments to dismiss the Mar-a-Lago indictment based on presidential immunity, the Presidential Records Act, the constitutionality of the special counsel appointment, and vagueness. The outcome of these arguments will depend on the specific court and circumstances involved.

      Former President Trump's legal team is making several arguments to dismiss the Mar-a-Lago indictment, including presidential immunity, the Presidential Records Act, the constitutionality of the special counsel appointment, and vagueness. These arguments may not apply to all charges in the indictment, and previous court decisions, such as those regarding the special counsel appointment, do not necessarily bind future courts. Trump's team is expected to continue making these arguments, and the outcome will likely depend on the specific court and circumstances involved. The debate surrounding these arguments highlights the complex legal issues surrounding the case.

    • Trump's legal team focusing on argument of lawful document retentionTrump's team argues document retention was lawful, delaying trial and potentially dismissing case, but arguments may not hold up in court

      The legal team for Jack Smith and his team are focusing on arguing that former President Trump's retention of documents after leaving office was lawful, rather than addressing any potential wrongdoing during his presidency. This argument, while technically possible, is being compared to a bank robber justifying the use of a lawfully obtained gun to commit a crime. The goal of this argument is to delay the trial and potentially dismiss the entire case. Additionally, Trump has made an argument to dismiss the entire indictment based on the Presidential Records Act, which could make the investigation and subsequent charges unlawful. These arguments are pushing the legal envelope and may not hold up in court.

    • Arguments affecting legal proceedingsWeak arguments can cause delays and disruptions in legal proceedings, potentially influencing outcomes through dismissals or gag orders.

      Weak arguments can delay legal proceedings, as seen in both the Michael Flynn case and the ongoing Manhattan criminal case involving Donald Trump. In the Flynn case, former Attorney General Bill Barr's argument that the investigation was unauthorized led to the dismissal of charges against Flynn, despite factual inaccuracies. In the Manhattan case, District Attorney Alvin Bragg is filing numerous motions, including one for a gag order, as concerns grow about potential disruptions and threats to the trial. These examples illustrate how legal proceedings can be influenced by questionable arguments and external factors.

    • Protecting Juror Identity and Safety in High-Profile CasesDuring high-profile cases, efforts are made to protect juror identity and safety by restricting public statements about counsel, court staff, and potential jurors, emphasizing the importance of fair and impartial administration of justice.

      During a high-profile criminal case, the district attorney in New York, Alvin Bragg, filed a motion to restrict public statements about the counsel, court staff, and potential jurors to prevent interference and protect juror safety. This motion was inspired by a DC Circuit decision, which allowed attacks on the counsel but not on jurors. New York law entitles the defendant and defense counsel to know juror names but prohibits their publicization. The motion also restricts disclosure of jurors' business or residential addresses, except to counsel of record. The submission includes a detailed record of threats and instances of violence against jurors, emphasizing the seriousness of the issue. From a human perspective, the submission serves as a concerning reflection of the current state of the US legal system, where the focus should be on the fair and impartial administration of justice, rather than taking the law into one's own hands.

    • Unprecedented challenges to the judicial system in Trump caseThe January 6th case against Trump presents unique challenges to the judicial system, including concerns over juror safety and the need for extraordinary measures to ensure a fair trial.

      The ongoing legal proceedings against Donald Trump in the January 6th case represent an unprecedented challenge to the fairness and integrity of the judicial system. The concerns around juror safety and potential intimidation are not typical in white-collar or economic crime cases. Alvin Bragg's filing of motions to exclude certain evidence and arguments is a common practice to ensure a fair trial, but the need for such measures in this case underscores the unique circumstances surrounding it. The extraordinary nature of these proceedings is a reminder of the importance of upholding the rule of law and ensuring that every trial is decided based on facts and the law, not external pressures or threats.

    • Establishing ground rules in a criminal trial through motionsFailing to pay a judgment within 30 days can lead to collection actions, even during an appeal process

      During a criminal trial, it's crucial for lawyers to file motions beforehand to establish ground rules and prevent prejudicial evidence from being presented to the jury. Once a judgment is entered against a party, they have 30 days to pay or appeal, but if they don't pay, the plaintiff can start collecting. Donald Trump, who faces significant monetary judgments, is currently appealing but hasn't paid, and his team may try to request a stay from the appellate court. However, if the stay is not granted, Trump will have to find a way to pay or face collection actions. This process highlights the importance of understanding the legal consequences of judgments and the potential financial implications of appealing.

    • Impact of bond payment and witness testimony on upcoming litigationThe denial of a stay of judgment in the E. Jean Carroll and Goran cases depends on the payment of a substantial bond or full payment of the judgment. The credibility of key figures and potential privilege issues will also influence the outcome. Witness testimony, particularly from Bradley, could be pivotal.

      The denial of a stay of judgment in the E. Jean Carroll and Goran cases hinges on the payment of a substantial bond or full payment of the judgment. The credibility of key figures, such as Fawnee Willis and the lead prosecutor, will also be a significant issue in the upcoming litigation. Privilege may come into play regarding evidence related to their relationship and the circumstances surrounding the hiring of the prosecutor. The in-camera hearing has resulted in the requirement for the defense's witness, Bradley, to testify. The potential impact and credibility of his testimony, as well as the scope of the evidence, remain uncertain. The defense is eager for Bradley's testimony, while the prosecution opposes it. The outcome of this issue could potentially sway the case in favor of either party.

    • Cell site information and telephone records used in trialCell site info and phone records provide proximity and communication context, but should be used with other evidence to build a case.

      The ongoing trial involves cell site information and telephone records being used as evidence to determine potential movements and communications between individuals, including Fani Willis and Ryan Wade. The cell site information, which shows where a phone connects to the nearest cell tower, can indicate proximity to certain locations but does not necessarily prove that an individual was at that exact location. Telephone records, which include calls and texts, can provide additional context. However, these pieces of evidence should not be considered dispositive but rather used in conjunction with other evidence to help build a case. The trial focuses on whether Willis should be disqualified from prosecuting a case due to a potential financial benefit from hiring Wade, and the personal relationship between the two is relevant to this discussion. The validity and significance of this evidence will be subject to debate during the trial.

    • Discussing the legal proceedings involving former President TrumpConcerns over potential dishonesty in court, upcoming Supreme Court decision, numerous filings, stay tuned for updates, engage through voice mails or emails

      During this podcast episode, the hosts discussed the ongoing legal proceedings involving former President Donald Trump. They expressed concern over potential dishonesty in court and the implications of this for the ongoing investigation. The hosts also mentioned the upcoming Supreme Court decision and the numerous filings in the case. They encouraged listeners to stay tuned for more updates and invited them to engage with the show through voice mails or emails. The podcast is produced by a team of professionals and can be found on various podcast platforms.

    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

    Half a Billion and Counting

    Half a Billion and Counting

    Court watchers are closely monitoring two decisions from the Supreme Court: a ruling on Trump’s motion to stay the decision on immunity from the DC Circuit and whether the former president is disqualified from appearing on Colorado primary ballot. MSNBC legal analysts Andrew Weissmann and Mary McCord detail what to watch for there, and review Judge Engoron’s nearly $450 million decision in the civil fraud case. Plus: takeaways from the testimony of Fani Willis and Nathan Wade late last week. 

    Last Call for Immunity

    Last Call for Immunity

    In a last-ditch effort for total immunity, former President Donald Trump asked the Supreme Court to pause proceedings in the DC election subversion case while the high court decides whether to take up his appeal. MSNBC legal analysts Andrew Weissmann and Mary McCord discuss the merits of Trump’s arguments and how the court may proceed. They also weigh in on the latest out of Judge Cannon’s Florida courtroom, as a flurry of activity is happening in the classified documents case.

    Facts Still Matter

    Facts Still Matter

    The clock is ticking as the country awaits some significant legal decisions in the coming days and weeks: when will Special Counsel Hur release his long-awaited report on President Biden’s handling of classified documents? How will Judge Engoron rule in the New York civil fraud case? And what will the DC Circuit decide when it comes to presidential immunity? MSNBC legal analysts Andrew Weissmann and Mary McCord review these questions and what to glean from the E. Jean Carroll verdict and the damages awarded. Plus: a veteran federal judge issues a sharp rebuke of those who are trying to re-write the history of the January 6th attacks.

    Note: this episode contains a graphic description of sexual assault.

    If the President Does It...

    If the President Does It...

    Today, the DC Circuit heard oral arguments from Trump’s lawyers and Special Counsel Jack Smith’s team over a crucial question: does presidential immunity protect Trump from prosecution for anything he did or actions he took while in office? Veteran prosecutors Andrew Weissmann and Mary McCord review the arguments and the pushback from the three-judge panel. Plus, a look at the Supreme Court deciding to hear the Colorado ballot issue, and what else is on Andrew and Mary’s prosecutorial radar. 

    Citizen Trump

    Citizen Trump

    On Tuesday, the US Appeals Court for the DC Circuit unanimously ruled that former President Trump is not immune from prosecution as it relates to his actions after the 2020 election. MSNBC legal analysts Andrew Weissmann and Mary McCord detail what the decision means and what happens next. This, as we await Thursday's oral arguments before the Supreme Court to decide if Trump can be kept off Colorado’s primary ballot due to the 14th amendment’s insurrection clause. Also on tap: movement in the Florida classified documents case, Fani Willis and Nathan Wade respond in Georgia and Allen Weisselberg considers a plea deal.