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    • Preparing for Trump's Criminal TrialAs Trump's trial for election interference approaches, his legal team readies for an unprecedented event while the Supreme Court considers presidential immunity and Georgia appeal progresses.

      The upcoming week is significant in the legal proceedings against former President Donald Trump. With just one week until the start of the trial in New York regarding an election interference case involving hush money payments to Stormy Daniels, the defense team, led by Todd Blanch and Susan Nealice, is preparing for the unprecedented event of a criminal trial for a sitting or former president. Additionally, there are upcoming Supreme Court arguments on presidential immunity and an appeal in Georgia that will be closely watched. The team also shared their appreciation for their listeners' engagement and the podcast's nomination for a Webby award.

    • Former President Trump's Defense Team: Neal Katyal and Susan NecklaceTwo experienced attorneys, Neal Katyal and Susan Necklace, lead Trump's defense team, with Katyal's lack of defense trial experience and state law knowledge being potential challenges.

      The defense team for former President Donald Trump in the ongoing Manhattan criminal case consists of two notable attorneys: Neal Katyal, who has a background as a federal prosecutor, and Susan Necklace, a well-respected defense lawyer. Katyal's lack of extensive defense trial experience and familiarity with state law could be new challenges for him. Susan Necklace, on the other hand, is an experienced defense lawyer and a former prosecutor, known for her exceptional legal skills. An unusual aspect of her defense work is that she sometimes doesn't sign submissions on Trump's behalf, which has been observed in the past by some DOJ attorneys during the Trump administration as a form of protest. The prosecution team includes Matthew Colangelo, who has worked in both the DA's office and the Department of Justice, and Susan Hoffinger, a senior lawyer in the district attorney's office with experience in the Trump Organization criminal tax case. Both sides have reputable legal teams, ensuring a robust and professional trial process.

    • Lawyer Joshua Steinglass to Play Significant Role in Trump Organization CaseExperienced trial lawyer Joshua Steinglass, known for handling murder and gang cases, will use his courtroom skills and rapport with witnesses, judges, and jurors to persuade in the Trump Organization case, particularly during opening and closing arguments.

      The trial lawyer Joshua Steinglass, who has experience in murders and gang cases, is expected to play a significant role in the Trump Organization case due to his natural ability in the courtroom and rapport with witnesses, judges, and jurors. Opening statements and closing arguments are crucial parts of a trial, with opening statements being an opportunity for lawyers to tell the jury the story of the case without making arguments about the evidence yet, while closing arguments are when the gloves come off and both sides make arguments based on the evidence presented. It's important for lawyers to persuade the jury in their favor during opening statements. The case involves Michael Cohen as a witness, and it will be interesting to see who will present him and give the jury addresses during opening and closing arguments.

    • AMI's 'catch and kill' strategy to suppress damaging info for TrumpDuring the 2016 campaign, AMI, led by David Pecker, colluded with Trump's team to buy off individuals with damaging info using 'catch and kill' tactic, involving falsification of business records to hide payments.

      During the 2016 presidential campaign, American Media Inc. (AMI), led by David Pecker, colluded with Donald Trump's team to suppress damaging information about the candidate. This strategy, known as "catch and kill," involved buying off individuals with information that could harm Trump's campaign. AMI, which owns the National Enquirer, was in a unique position to acquire such information due to its reputation for publishing salacious stories. The scheme extended beyond Stormy Daniels and included a doorman from Trump Tower and Karen McDougal, among others. The charges against AMI and Trump focus on the falsification of business records to cover up these payments. The Access Hollywood tapes, which emerged during a precarious time in Trump's campaign, further emphasized the need to silence Stormy Daniels' information about an alleged affair. Expect key figures like Hope Hicks, Kellyanne Conway, and Michael Cohen to provide insights into the campaign atmosphere and the motivation behind this collusion.

    • Battle of Narratives in Michael Cohen TrialDefense to challenge Cohen's credibility, prosecution to rely on corroborating docs and emails showing hush money payments and a scheme to disguise them as legal expenses.

      That the upcoming trial involving Michael Cohen and the Trump Organization will feature a battle of narratives between the defense and prosecution. The defense is expected to challenge Michael Cohen's credibility, while the prosecution will rely on corroborating documents and emails to tell their story. The documents in question are crucial as they not only show that hush money payments were made but also that there was a scheme to disguise these payments as legal expenses. This scheme involved Michael Cohen being paid more than just the amount of the hush money and adding a bonus to make up for the taxes he would have to pay. The trial will also see the introduction of evidence suggesting that Michael Cohen was paying for Trump's appearance in a poll, further highlighting the transactional nature of the relationships involved.

    • Last-minute motions and attempts to delay Trump trialJudges emphasize professional duties during high-profile trials, but lawyers continue to make last-minute motions, including requests to delay trials due to pretrial publicity. A recent development in the Trump case is a renewed motion for recusal of Judge Marchand.

      In the final week before a high-profile trial, such as the one involving former President Trump, there is a flurry of last-minute motions and attempts to delay or dismiss the case. These efforts are often made with the intention of preserving arguments for appeal, even if they are expected to be denied. The judge in the case, Marshawn Marchand, has emphasized the importance of lawyers upholding their professional duties within the rules, and there will be consequences for violations. One common motion made in high-profile cases is to postpone the trial due to pretrial publicity, but this remedy is unlikely to be granted, especially in cases involving a former president where publicity is inevitable. Another recent development in the Trump case is a renewed motion for recusal of Judge Marchand, which some may find ironic given the ongoing Supreme Court argument where Justice Thomas, whose wife was involved in communications about the Biden family during the Ellipse rally on January 6th, is not recusing himself.

    • Judge's Daughter's Political Ties Raise Conflict of Interest Concerns in Trump Tax CaseDefense raises late conflict of interest claim against judge in Trump tax case, citing her daughter's work for Democratic consulting firm

      The ongoing legal battle surrounding the Trump Organization's tax evasion case in New York includes a request for Judge Carolyn Demarest Marchand's recusal due to her daughter's potential appearance of conflict of interest. The defense argues that the judge's daughter, who works for a political consulting firm that caters to Democratic clients, could financially benefit from the case's outcome. However, the defense did not provide a clear explanation of why they only raised this issue at the last minute, which is a significant concern in the legal process. The allegations against the judge's daughter do not suggest any illegal activity, but rather an appearance of a conflict of interest due to her professional ties. Despite the defense's claims of new information, much of the argument seems to be a rehash of what was previously discussed a year ago.

    • Trump vs. James: Latest Point of Contention Over Ivanka's Account DeletionThe legal battle between Trump and NY AG James continues, with Trump trying to delay a civil investigation into his business dealings. Ivanka's alleged account deletion is the latest point of contention, with Trump suggesting it was to destroy evidence and the state arguing it was for personal reasons.

      The ongoing legal battle between Donald Trump and New York Attorney General Letitia James continues, with Trump attempting to delay a civil investigation into his business dealings. The latest point of contention is the alleged deletion of an account by Trump's daughter, Ivanka. Trump has suggested that Ivanka deleted the account to destroy potential evidence, but the state argues that it's not evidence and Ivanka may have done so to avoid public scrutiny and threats. The state is awaiting a decision on Trump's recusal motion, and there are reports that Trump may appeal. Meanwhile, jury selection for the investigation is set to begin on March 15, with over 500 New Yorkers receiving jury notices. The process of jury selection, which includes a questionnaire to assess potential jurors' impartiality, is standard in high-profile cases to ensure fairness and impartiality.

    • Judge Jackson and Special Counsel Smith's Legal Dispute over Trump's Use of Presidential Records ActJudge Jackson has not yet ruled on whether Trump can use the Presidential Records Act as a defense at trial. Smith is pushing for a definitive ruling before the trial begins, preferably through a motion in limine, to prevent Trump from using this defense.

      The ongoing legal dispute between Judge Amy Berman Jackson and Special Counsel Jack Smith regarding the handling of the presidential records in the case against Donald Trump is not just about the timing of jury instructions. The main issue is whether the Presidential Records Act can be used as a defense for Trump at trial. Jack Smith has asked for a ruling on this matter, but the judge has not yet provided a clear answer. Smith needs to push for a definitive ruling before the trial begins, preferably through a motion in limine, to prevent Trump from using the Presidential Records Act as a defense during the trial. If the judge denies the motion, Smith will have grounds for an appeal.

    • Requesting rulings on pretrial motions before jury selectionLawyers must request rulings on pretrial motions before jury selection to prevent opposing side's prejudicial arguments. Failure to rule could result in appeal or writ of mandamus.

      In a criminal trial, it's crucial for lawyers to request rulings on pretrial motions before the jury is sworn in, to prevent the opposing side from making arguments that could potentially prejudice the jury. This is based on Rule 12 d of the Federal Criminal Procedure, which requires the court to decide all pretrial motions before trial unless there's good cause not to. If a ruling is not made and the trial proceeds, the losing party may have the right to appeal or even seek a writ of mandamus to compel the judge to rule. This is because a failure to rule could effectively direct a verdict in favor of one side. If a ruling is made against the party, they can appeal, arguing for clear and indisputable error. The process for mandamus is more challenging than an appeal, requiring a clear showing that the judge is not doing their job. The speaker suggests that the defendant in a current case may be considering these options.

    • Judge's Decision in Trump Case Raises QuestionsDespite ongoing legal battles, a judge's impassioned sentencing in a January 6th case emphasized the importance of facts and law over assumptions.

      The legal proceedings surrounding various cases involving Trump and his associates continue to be complex and intriguing, with both parties employing strategic maneuvers. The discussion centered around a judge's decision not to recuse herself from a case, which could potentially benefit Trump but also raises questions about bias. Both parties are preparing for upcoming trials and appeals, including a case regarding presidential immunity in the January 6th related matter. An unexpected yet inspiring takeaway came from a judge's impassioned and factual sentencing remarks in one of the January 6th cases, which emphasized the importance of understanding the facts and the law over character assumptions. These developments underscore the ongoing significance of the legal proceedings and the importance of accurate information.

    • New episodes of 'Prosecuting Donald Trump' twice a week starting next TuesdayListeners encouraged to send questions, vote in Webby Awards, and follow the series for updates

      Starting next Tuesday, Mary and I will be bringing you new episodes of "Prosecuting Donald Trump" twice a week to keep you updated on the New York trial. We encourage you to send us your questions, which you can leave as a voice mail at 917-342-2934 or email to prosecutingtrumpquestions@nbcuni.com. Voting for us in the Webby Awards is also appreciated, with voting open until April 18th. The podcast is produced by Vicki Virgolina, with Jameris Perez as the associate producer, Paul Robert Mounsey as the audio engineer, Bryson Barnes as the head of audio production, Ayesha Turner as the executive producer for MSNBC audio, and Rebecca Cutler as the senior vice president for content strategy at MSNB. Make sure to search for "Prosecuting Donald Trump" wherever you get your podcasts and follow the series for more updates.

    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 Presidency Before the Supreme Court

    The Presidency Before the Supreme Court

    Yesterday, the Supreme Court heard arguments over Donald Trump’s claim of presidential immunity, which will have implications beyond whether he is shielded from criminal prosecution in the January 6th case. MSNBC legal analysts Andrew Weissmann and Mary McCord go deep on what arguments to pay attention to. This, as the New York trial wraps up a week of testimony from former AMI CEO David Pecker. And an analysis of the latest indictment related to election interference in the 2020 election, this time from Arizona.

    The Jury Is Seated, with Readings from Robert De Niro and Glenn Close

    The Jury Is Seated, with Readings from Robert De Niro and Glenn Close

    The twelve-person jury has been seated in the New York criminal case against Donald Trump. MSNBC legal analysts Andrew Weissmann and Mary McCord detail the latest alleged gag order violations and give insights into the jury selection process. Then, they analyze District Attorney Alvin Bragg’s own words, through his Statement of Facts submitted in the State of New York against Donald J Trump, with excerpts read by acclaimed actors Glenn Close and Robert De Niro.

    Color From the Courtroom

    Color From the Courtroom

    As week three of Donald Trump’s criminal trial wraps up in New York, Andrew Weissmann paints a first-hand picture of the scene—both outside and inside the courtroom — after attending on Thursday. Then, he and fellow MSNBC legal analyst Mary McCord recount the gist of Keith Davidson’s testimony and cross-examination. And Andrew and Mary answer listener questions about the trial.

    For further reading: Here is the decision Andrew referenced of a 2020 order granting attorney fees between Stephanie Clifford and Donald J Trump. As he noted, page 20 is relevant. 

    It's Not About Sex

    It's Not About Sex

    We head into the “eye of the storm” as MSNBC legal analysts Andrew Weissmann and Mary McCord explore the nature of Stormy Daniel’s testimony in depth, and why her credibility is less at issue than that of others who facilitated the hush payments to her. Then, they turn their prosecutorial expertise to understanding why the defense’s mistrial motion was denied by Judge Merchan. And lastly, Andrew and Mary detail what to glean from Judge Cannon’s indefinite postponement of the classified documents trial in Florida.

    Opening Statements

    Opening Statements

    This week, Donald Trump’s New York criminal trial began in earnest with opening statements and testimony from former AMI CEO, David Pecker. MSNBC legal analysts Andrew Weissmann and Mary McCord break down the essence of the openings from both sides and how the statements will illuminate aspects of the trial in the coming weeks. Plus, Judge Merchan admonished the defense in Tuesday morning’s gag order hearing, saying that they were ‘losing all credibility’, but reserving a decision on the issue. For now. And looking ahead, Andrew and Mary weigh in on the questions they hope to hear in Thursday’s oral arguments before the Supreme Court to decide whether Donald Trump’s presidential immunity claim holds water.

    For further reading: here is the article Andrew wrote with his colleague Ryan Goodman in Just Security Questions the Supreme Court Should Ask at Thursday’s Oral Argument on Presidential Immunity

    And a sincere thanks to all our listeners for voting in the Webby Awards! Prosecuting Donald Trump won the 2024 Webby Awards for both the Crime & Justice podcast category and was the Crime & Justice People's Voice winner.