Logo

    An Unsettling Few Days

    enJuly 16, 2024
    What was the motive behind the shooting at the rally?
    How does US law define domestic terrorism?
    What are the implications of the shooting incident?
    How does Trump's legal situation relate to this incident?
    What security measures are being implemented after the shooting?

    Podcast Summary

    • Domestic Terrorism at Political RalliesAn investigation into a shooting at a political rally involving a former president is being treated as a potential domestic terrorism attack, highlighting the potential for violence to influence government policy and intimidate the population.

      The shooting incident at a political rally involving a major political figure, who is also a former president, is being investigated as a potential domestic terrorism attack. This is due to the intent to intimidate or coerce the civilian population or influence government policy through such violence. The definition of domestic terrorism under the US code is similar to international terrorism, with the main difference being that it is purely domestic and not motivated by a foreign terrorist organization. The shooting resulted in a fatality and injuries, making it a significant attack on our democracy. The investigation is ongoing, and it's crucial for society to reflect on the potential impact of divisive rhetoric and language on our discourse and unity.

    • Presidential candidate assassination investigationAttempt to assassinate a presidential candidate is considered a terrorism crime and investigations will focus on both ongoing threats and potential red flags missed in the past, with heightened concerns for other targets and increased security measures for public figures.

      The shooting incident at the Halifax River Bridge in Florida, which targeted a major presidential candidate, is being investigated as a potential domestic terrorism case. This is due to the fact that an attempt to assassinate a presidential candidate is considered a terrorism crime under US law (18 USC section 351). The investigation will focus on both the ongoing threat and potential red flags that may have been missed in the past. Additionally, there will be heightened concerns for other targets and increased security measures for judges, prosecutors, and other public figures. The recent incident serves as a reminder of the importance of addressing threats of violence and the potential consequences of downplaying such incidents.

    • Constitutional powers and special counselsThe Constitution grants the President the power to appoint various officers, but there's no statute allowing the AG to appoint a special counsel, as seen in the recent Trump case. This ruling doesn't set a precedent, but it highlights the importance of upholding the rule of law.

      The heinous actions of an individual do not determine the state of American laws and democratic processes. The recent dismissal of the indictment against Donald Trump by Judge Cannon, based on the appointments clause of the US Constitution, is a rejection of the claim of weaponization. The Constitution grants the President the power to appoint various officers, but there is no statute that gives the Attorney General the power to appoint a special counsel like Jack Smith. This ruling does not set a precedent, as the special counsel rules have been in place for over 25 years and have been upheld by the Supreme Court. Regardless of political affiliations, Americans have the power to decide how to react to such events and should value the rule of law even more.

    • Special Counsel AppointmentJudge Cannon's decision to block the appointment of a special counsel in the Mar-a-Lago case contradicts previous rulings and established legal precedent, potentially disregarding the attorney general's clear authority to make such appointments.

      Judge Cannon's decision to block the appointment of a special counsel in the Mar-a-Lago case, based on constitutional concerns, contradicts previous rulings by Republican and Democratic appointed judges. Critics argue that she misinterpreted the law, particularly regarding the status of special counsels as employees of the Department of Justice and their adherence to DOJ rules. The judge's decision, they claim, disregards precedent and ignores the clear authority of the attorney general to appoint special counsels. Ultimately, her ruling hinges on the belief that there is no explicit statute granting the attorney general this power, a view that contradicts established practice and legal precedent.

    • Special Master definition, Appointments ClauseJudge Cannon questions the precedent set on the authority of the Attorney General to appoint subordinate officers, like a Special Master, in light of current regulations and her own interpretation of the Appointments Clause.

      The legal debate surrounding the authority of the Special Master in the Mar-a-Lago case hinges on the definition of an "inferior officer" within the Department of Justice. The Attorney General has the power to appoint subordinate officers to assist in the discharge of their duties, and these appointees do not necessarily violate the Appointments Clause. However, Judge Cannon has questioned the precedent set in this area, particularly in light of the current Chief Justice John Roberts' role in shaping regulations that made the special counsel role more tethered to the Department of Justice. Despite numerous court rulings upholding this authority, Judge Cannon has deemed these rulings as "dicta," or non-binding, in her decision. The future of this case may depend on how these legal arguments are interpreted and applied in the coming weeks.

    • Special Prosecutor AppointmentCourts opinions on special prosecutor appointments are not binding, and if faced with a similar situation, Jack Smith would carefully consider various options including appealing, starting over, or seeking removal, and would consider the potential ramifications of work done during unofficial appointment

      The recent court decision regarding the validity of the special prosecutor's appointment is merely an opinion and not binding precedent. If Jack Smith were in this situation, he would not rush to make a decision but would take time to consult with his team and consider various options such as appealing the decision, starting over with a new indictment, or seeking the judge's removal. The most straightforward solution would be to bring a new indictment in a different jurisdiction to avoid the appointments clause issue. However, the more complex issue would be dealing with the potential ramifications of the work done during the time Smith was acting as a special prosecutor but not officially appointed.

    • Mar-a-Lago case dismissalThe AG's reasoning for dismissing the special counsel in the Mar-a-Lago case contrasted Trump's claims of political weaponization, as the special counsel was dismissed for lack of DOJ ties, not political motivations.

      The legal opinion released regarding the dismissal of the Mar-a-Lago case by Attorney General Merrick Garland is significant due to its contrasting reasoning compared to former President Trump's claims of political weaponization. The special counsel, Jack Smith, was not dismissed for being politically motivated but, on the contrary, for not being sufficiently tethered to the Department of Justice and the President. This decision goes against Trump's long-standing rhetoric and may mark a turning point in the ongoing legal battles. The technicalities of the decision allow for potential remedies, and the discussion highlights the importance of understanding the nuances behind the dismissal. The conversation also hints at future plans for further discussions on the topic.

    Recent Episodes from Prosecuting Donald Trump

    Special preview: Season 2 of “Velshi Banned Book Club”

    Special preview: Season 2 of “Velshi Banned Book Club”

    MSNBC's Ali Velshi gives a special preview of the second season of the “Velshi Banned Book Club.” Book banning is happening more and more. Removing literature from library shelves, school syllabi, and summer reading lists isn’t just blatant censorship; it is the tip of the sword that threatens American democracy itself. In this preview, Ali reflects on why this issues is so personal for him and his family. Listen to the first two episodes now and follow the series: https://link.chtbl.com/vbbcs2_fdlw

    Subscribe to MSNBC Premium on Apple podcasts for access to episodes one week early, plus ad-free listening, and bonus content from this and other shows.

    Prosecuting Donald Trump
    enSeptember 12, 2024

    MSNBC Live: Democracy 2024

    MSNBC Live: Democracy 2024

    We’re thrilled to share a mashup of our MSNBC Live: Democracy 2024 event that we recently held at the Brooklyn Academy of Music. The whole day was a celebration of you, our viewers and listeners. It was the first of its kind in-person, interactive experience. We so enjoyed meeting so many of you. But if you couldn’t join us in person, you’re in luck – we’re sharing key conversations in this episode. For more, be sure to check out our TV special airing Saturday, September 14th at 9 p.m. ET. For your reference, here are timecodes for the sessions included here:

    Claire McCaskill, Jen Psaki, and Andrea Mitchell 0:01:30-0:31:23

    Chris Hayes & Kate Shaw 0:31:36-0:51:20

    Andrew Weissmann & Ari Melber 0:51:25-1:12:53

    Rachel Maddow & Lawrence O’Donnell 1:13:13-1:45:45

     

    A Tale of Two Courtrooms

    A Tale of Two Courtrooms

    There was a lot of movement late last week in Donald Trump’s ongoing criminal cases in DC and New York, but with very different results. Veteran prosecutors Andrew Weissmann and Mary McCord review last Thursday’s status hearing in Trump’s DC election interference case and break down the new deadlines set in Judge Chutkan’s scheduling order. Then, they dig into the nuance of Judge Merchan’s decision to push back the date of Trump’s sentencing, as well as delaying his ruling on how immunity applies to the case until after the November election. And before winding up today’s episode, Mary and Andrew give their uniquely informed take on the DOJ’s actions regarding Russian efforts to interfere and influence the 2024 election.

    Want to listen to this show without ads? Sign up for MSNBC Premium on Apple Podcasts. As a subscriber you’ll also be able to get occasional bonus content from this and other shows.

    The Disjointed Joint Status Report

    The Disjointed Joint Status Report

    Last Friday’s joint filing in the DC election interference case before Judge Chutkan highlighted the deep chasm between Special Counsel Jack Smith and Trump’s legal team when it comes to how to proceed after the immunity decision. MSNBC legal analysts Andrew Weissmann and Mary McCord give their unique perspective on what both sides offered up and which arguments hold merit. Then, they head to New York to detail the second effort by Trump’s legal team to remove the hush money case to federal court, weeks before his scheduled sentencing before Judge Merchan.

    *** A note: Shortly after this episode was recorded, the federal judge denied leave to Mr. Trump to file removal papers after determining that no good cause for the late filing had been shown and removal to federal court was not warranted. Next stop: Trump can appeal that denial to the Second Circuit Court of Appeals.

    Also to listeners:  MSNBC Live Democracy 2024 is now sold out. Thank you for everyone who signed up to join us this weekend. And if you didn’t manage to grab a ticket, we’ll be posting selections of Saturday’s conversations as a podcast next week, so keep an eye out for that.

    The DC Superseder

    The DC Superseder

    Sooner than expected, it’s our 100th episode! In the latest event triggered by SCOTUS’ ruling on presidential immunity, special counsel Jack Smith has filed a superseding indictment in the election interference case against former President Donald Trump. So in an extra episode for you this week, former prosecutors Mary McCord and Andrew Weissmann weigh in on what’s been added and struck from the prosecution’s allegations, Jack Smith’s strategy, and what this means for the case moving forward.  

    Read the new superseding indictment and accompanying filing, along with last year’s original indictment.  

    Want to listen to this show without ads? Sign up for MSNBC Premium on Apple Podcasts. As a subscriber you’ll also be able to get occasional bonus content from this and other shows.

    And be sure to grab your tickets for MSNBC Live Democracy 2024 on Sept 7th! Join fellow fans and viewers for an event connecting you with MSNBC's most trusted hosts and experts. Rachel Maddow, Steve Kornacki, Andrew Weissmann and many more. All in one place. All live on stage. All in one day.

    Now playing in the 11th Circuit

    Now playing in the 11th Circuit

    In an attempt to revive the Mar-a-Lago classified documents case thrown out by Judge Aileen Cannon last month, Special Counsel Jack Smith has now filed a brief with the U.S. Court of Appeals, a day early no less. MSNBC legal analysts Andrew Weissmann and Mary McCord discuss Jack Smith’s arguments in the brief asserting that Judge Cannon had wrongfully ruled the special counsel had been appointed illegally. Then, looking ahead at proposals in the January 6 case expected to be filed later this week. And we take some of your listener questions!  

    Following this recording, it was reported that Jack Smith revised his indictment in the January 6th case to address the Supreme Court's ruling on immunity. A procedural filing is still expected this coming Friday, August 30th.

    Was J6 a Precursor?

    Was J6 a Precursor?

    As Donald Trump’s sentencing date approaches, he and his lawyers are throwing all the spaghetti at the wall to see what sticks. MSNBC legal analysts Andrew Weissmann and Mary McCord break down the former president’s request to adjourn his sentencing until after the election, and the Manhattan DA’s response. Then, ProPublica reporter Joshua Kaplan joins for a deep dive into his reporting on unlawful American militia groups. Andrew and Mary talk with him about the threat these paramilitary groups pose, how they’ve used Trump’s denial of the election results for recruitment and spreading their ideology, as well as the dangers of collaboration with law enforcement.    

     

    Here is Josh Kaplan’s ProPublica investigation: Armed and Underground: Inside the Turbulent, Secret World of an American Militia. (Included is a response from Meta about the use of Facebook as a recruitment tool.)

     

    Also a note: We're expecting a joint filing in the DC case next Tuesday, so we’ll release our episode on Wednesday so Mary and Andrew can detail what's in that filing. 

    Four Ring Circus

    Four Ring Circus

    After Judge Tanya Chutkan raced back to the starting line in former President Trump’s DC election interference case, Special Counsel Jack Smith asked for a reporting extension to ensure the government can make its case within the new immunity parameters. Veteran prosecutors Andrew Weissmann and Mary McCord analyze the reasons behind this delay, then offer some scheduling updates in Trump’s other criminal cases in Florida, Georgia and New York. Plus: a look at why Vice President Harris is choosing her words carefully when it comes to her opponent’s ongoing criminal matters.

     

    Want to listen to this show without ads? Sign up for MSNBC Premium on Apple Podcasts. As a subscriber you’ll also be able to get occasional bonus content from this and other shows.

     

    And be sure to grab your tickets for Sept 7th: Join fellow fans and viewers for an interactive experience connecting you with MSNBC's most trusted hosts and experts. Rachel Maddow, Steve Kornacki, Jen Psaki, Andrew Weissmann and many more. All in one place. All live on stage. All in one day. https://www.msnbc.com/Democracy2024 

    The Ball is Back in Chutkan’s Court

    The Ball is Back in Chutkan’s Court

    Judge Chutkan is not allowing any grass grow under her feet after Trump’s DC election interference case was sent back to her courtroom. MSNBC legal analysts Andrew Weissmann and Mary McCord review her hearing schedule set to begin next week, and offer some detail on her denial of Trump’s motion to dismiss the case on selective and vindictive grounds. Then, the fallout from the Supreme Court’s immunity decision continues to echo, as Trump era DOJ official Jeffrey Clark is the latest to try for proceedings against him to be thrown out based on the High Court’s ruling. And lastly, a peek at Jenna Ellis’ cooperation in the Arizona elector case and some listener questions.

     

    Want to listen to this show without ads? Sign up for MSNBC Premium on Apple Podcasts. As a subscriber you’ll also be able to get occasional bonus content from this and other shows.

     

    And be sure to grab your tickets for Sept 7th: Join fellow fans and viewers for an interactive experience connecting you with MSNBC's most trusted hosts and experts. Rachel Maddow, Steve Kornacki, Jen Psaki, Andrew Weissmann and many more. All in one place. All live on stage. All in one day. https://www.msnbc.com/Democracy2024 

    The Floodgates are Open

    The Floodgates are Open

    What aspects of a president’s conduct are considered ‘official acts’? This is a live issue in several of Donald Trump’s criminal cases. Veteran prosecutors Andrew Weissmann and Mary McCord detail Manhattan DA Alvin Bragg’s response brief to Donald Trump’s argument that the immunity ruling should impact his New York verdict. Then, they remind us of Mark Meadows’ indictment in Georgia as part of the RICO conspiracy case. Citing the immunity decision, Meadows has now petitioned the Supreme Court to review the previous 11th Circuit denial to move his case from state to federal court. And lastly, after the High Court’s immunity decision, the DC January 6th case heads back to Judge Tanya Chutkan's courtroom later this week, where briefing will begin to sort through what is considered official, versus personal conduct.

    And be sure to grab your tickets for Sept 7th: Join fellow fans and viewers for an interactive experience connecting you with MSNBC's most trusted hosts and experts. Rachel Maddow, Steve Kornacki, Jen Psaki, Andrew Weissmann and many more. All in one place. All live on stage. All in one day. https://www.msnbc.com/Democracy2024