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    • Trump's Legal Team Seeks Immunity in Mar-a-Lago and Manhattan Cases for DelaysTrump's legal team is using the tactic of appealing for immunity in both Mar-a-Lago and Manhattan cases, potentially delaying trials worth over $1 billion in damages.

      Former President Donald Trump's legal team is using the tactic of appealing for immunity in both the Mar-a-Lago and Manhattan cases, aiming for delays in the trials. The Manhattan trial, set to begin in two weeks, involves civil judgments totaling over $1 billion from the E. Jean Carroll and New York attorney general cases. Trump continued attacking Carroll shortly after posting a bond. Meanwhile, Robert Hur, special counsel appointed to investigate Biden's handling of classified information, testified before the House Judiciary Committee. Grand jury subpoenas have been issued in Arizona to Trump's fake electors involved in the elector scheme. The Judge Cannon litigation in Florida may not lead to a significant delay, but the Judge Meershon case in New York could potentially postpone the trial.

    • Legal Dispute between Trump and Government Over Immunity and Trial TimingThe Supreme Court is considering the immunity argument in the legal dispute between Trump and the government, which could impact the timing of Trump's trial and campaign activities. Both parties want a swift resolution, but the immunity issue may delay the process.

      The ongoing legal dispute between the government and former President Trump in the Supreme Court regarding his immunity from criminal prosecutions is a significant issue with implications for the speed of the trial process. While both parties have an interest in a swift resolution, the current delay arises from the immunity argument, which the government and Trump each want decided in their favor. Trump argues that his immunity prevents the trial from moving forward, while the government insists on a speedy trial due to its duty to the public. This immunity issue, which the Supreme Court is currently considering, may impact the timing of Trump's trial and campaign activities. The importance of this issue warrants a prompt resolution, and it is expected that the parties will be asked by the court to provide reasons for expediting the process.

    • Legal battles over Trump's criminal cases not just about trial datesExperts believe Manhattan and Mar-a-Lago cases differ from Jan 6th case, as Mar-a-Lago argument for presidential immunity is considered frivolous

      The ongoing legal battles involving former President Donald Trump's criminal cases in Manhattan and Mar-a-Lago are not solely about the trial dates, but rather about the potential impact of the Supreme Court's decision on presidential immunity from criminal prosecution. While Trump's attorneys argue that a ruling in their favor would dismiss the cases entirely, legal experts believe that the postures of these cases are significantly different from the January 6th case. In the January 6th case, a ruling in Trump's favor could potentially dismiss the entire case due to the scope of his official acts as president. However, in the Mar-a-Lago case, the argument is that presidential immunity applies even to things outside the scope of official acts, which is not applicable to Trump's retaining classified information after leaving office. This argument is considered frivolous by legal experts, as the Mar-a-Lago indictment pertains to actions taken after Trump's presidency.

    • Use of Trump's statements as evidence in ongoing caseJudge Cannon will decide if Trump's statements during presidency can be used as evidence despite his team's argument for immunity, while another judge is moving quickly to rule on a related motion.

      In the ongoing legal case involving Donald Trump and the investigation into hush money payments, the use of his public statements and tweets as evidence is a key issue. Trump's team is arguing that these statements, made during his presidency, should be considered immune from use as evidence due to his former position. However, this argument is different from the immunity argument, which Trump has not explicitly made. The judge in the case, Judge Cannon, has the power to decide whether to allow these statements as evidence, even if an appeal is filed. Meanwhile, in a related case, Judge Marchand is moving quickly to rule on a motion regarding evidence, but it is not a motion to dismiss all charges against Trump.

    • Trump's Immunity Doctrine Request in New York Trial Seems More About Delay Than Genuine ConcernTrump's actions in his New York trial suggest a desire to delay proceedings rather than a genuine concern for the presidential immunity doctrine, while his defamation case with E. Jean Carroll resulted in a large damages award.

      Former President Trump's request for a delay in the criminal trial in New York, based on the presidential immunity doctrine, appears to be more about seeking delay than a genuine concern for the application of the doctrine. His actions, including the large number of statements he wants precluded as evidence and his continued use of hyperbole in the public sphere, suggest a desire to avoid tribunals where facts and law govern. Meanwhile, in a separate case, E. Jean Carroll was awarded over $88 million in damages for defamation, highlighting Trump's pattern of continuing to defame individuals even after being sued.

    • Understanding Trump's Legal Financial ObligationsTrump's legal obligations may involve significant financial commitments, impacting his decisions as a candidate or future president. Existing loan agreements could limit his ability to secure new bonds or loans.

      During legal proceedings, individuals like Donald Trump may be required to put up significant amounts of money or provide bonds as part of a settlement or judgment. In Trump's case, he has proposed using a bond from Chubb Insurance to cover a debt. The connection to Chubb is intriguing, as a former low-level executive at the company, Eric Greenberg, had a position in the Trump administration. The public's interest lies in understanding potential financial obligations and influences that could impact Trump's decisions as a candidate or future president. The process of securing a bond or loan involves pledging unencumbered assets, meaning they are not already committed to other loans. Existing loan agreements could limit Trump's ability to obtain new loans or bonds. Possible scenarios include selling unencumbered assets for inflated values, finding a cosigner, or having unencumbered assets used as collateral. For E. Jean Carroll, her primary concern is receiving the money owed to her. However, as citizens, we have a vested interest in understanding the financial implications of Trump's legal obligations. This issue will likely become more significant as larger debts come into play.

    • A US jury found that E. Jean Carroll was sexually assaulted by Donald Trump and defamed by him, ordering Trump to pay damages.A US jury ruled that Donald Trump sexually assaulted E. Jean Carroll and defamed her, ordering him to pay damages.

      The legal system in the United States follows a fair process where both parties have the right to present evidence and have disputes decided by a jury. In this specific case, a jury found that E. Jean Carroll was a victim of sexual assault by Donald Trump and was defamed by him. Trump was ordered to pay damages for these findings. Trump's continued statements denying the accusations and calling them false were also found to be potentially defamatory, but a second jury had not yet reached a verdict on this issue. The judge in the second trial had already decided that the questions of whether Carroll was sexually assaulted and whether Trump's statements were false had been decided in the first trial and could not be relitigated. Therefore, if Carroll were to bring another lawsuit, it would likely focus on whether Trump made new defamatory statements and the amount of damages.

    • Different Outcomes for Trump and Biden's Classified Information CasesRobert Hur's report indicates Trump's clear case of defamation and disregard for law, while Biden cooperated willingly with investigators.

      The ongoing investigations into potential mishandling of classified information by both former President Trump and President Biden have resulted in vastly different outcomes. While there is insufficient evidence against President Biden, Robert Hur's report indicates that there is a clear case against Trump, with numerous instances of defamation and disregard for the law. The distinction drawn by Hur between the two cases highlights the significant differences in their handling of the investigations. President Biden willingly cooperated with investigators, while Trump has a history of dismissing the consequences of his actions. The ongoing hearings and releases of information are expected to shed more light on these distinctions.

    • Hurst's Assessment of Biden's Mental State at Upcoming Republican HearingThe hearing's focus on Hurst's assessment may be a distraction from more substantive issues, as it is irrelevant to the prosecutorial function and Hurst's former employment status limits his ability to reveal new information.

      The upcoming Republican hearing will focus on Rob Hurst's assessment of President Biden's mental state, but this assessment is irrelevant to the prosecutorial function and within the president's ability to address. Additionally, Hurst's decision to step down from the Department of Justice before the hearing is due to his obligation to undergo pre-publication review as a former employee. This review limits his ability to go beyond the written report without permission, and former employees do not face the same consequences for not following these instructions as current employees. The department could potentially seek to invoke privileges to prevent Hurst from revealing certain information, but it has less ability to do so with a former employee. Overall, the hearing's focus on Hurst's assessment may be a distraction from more substantive issues.

    • Discussion on Prosecuting Trump podcast about ongoing investigations into fake electors and commitment to transparencyRobert Hur, a witness, was not advised to keep quiet, indicating transparency. Subpoenas issued to fake electors in Arizona, investigations in other states, and decision on Trump's appeal in New York community issue pending. Stay tuned for updates.

      During a recent discussion on the "Prosecuting Trump" podcast, it was mentioned that Robert Hur, a witness in the ongoing investigation into the fake electors of the 2020 election, was not advised to keep quiet about anything. This indicates a commitment to transparency in the proceedings. The podcast also mentioned that subpoenas have been issued to the fake electors in Arizona, and there have been investigations and criminal cases in other states. The outcome of a decision regarding Donald Trump's appeal in the New York community issue is also awaited. With so much happening, listeners are encouraged to stay tuned for updates and are invited to leave questions for the podcast team. The podcast is produced by Vicky Vergolina, Paul Robert Mounsey, Kathryn Anderson, Bob Mallory, and Bryson Barnes, with Ayesha Turner serving as executive producer for MSNBC audio and Rebecca Cutler as senior vice president for content strategy. Listeners can find "Prosecuting Trump" wherever they get their podcasts and follow the series for more information.

    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

    Troupis, Chesebro & Trump

    Troupis, Chesebro & Trump

    After the settlement in Wisconsin over the fraudulent electors scheme, veteran prosecutors Andrew Weissmann and Mary McCord analyze the importance of what came to light as a result of the litigation against James Troupis, Kenneth Chesebro and 10 ‘alternate’ electors. Mary was part of the team arguing the case and gives expansive context to the ongoing efforts to overturn the 2020 election. They then turn to the Supreme Court’s decision on the Colorado ballot issue, and why, despite a unanimous vote, there may be dissension in the ranks. And they wrap up with a look at the timing of the Florida documents case and Trump’s former CFO Allen Weisselberg’s guilty plea on federal perjury charges.

    Ups and Downs in New York

    Ups and Downs in New York

    Former President Trump was back in a New York courtroom on Monday, as Judge Merchan set a mid-April trial date for the hush money case against him brought by Manhattan District Attorney Alvin Bragg. Veteran prosecutors Andrew Weissmann and Mary McCord set expectations as the countdown to jury selection begins. Then, they turn to the appeals court decision, where Trump’s bond payment was reduced to $175 million in the New York civil fraud case. Lastly, Andrew and Mary survey what to keep an eye on at the Supreme Court when it comes to his appeal on presidential immunity.

    Two Steps Forward, One Step Back

    Two Steps Forward, One Step Back

    Delays persist in several of the cases against former president Trump, including in the New York case that was set to begin next week. MSNBC legal analysts Andrew Weissmann and Mary McCord detail what led to the delay in receiving documents from the U.S. Attorney in Manhattan. They also review Judge Cannon’s decision on Trump’s motion to dismiss the Florida documents case based on ‘vagueness’ in the Espionage Act. Then, Andrew and Mary turn to the Georgia ruling that led to the resignation of lead prosecutor Nathan Wade. Plus, Monday's news that the former president can’t find an insurance company to underwrite his $464 Million bond for the judgement in his NY civil fraud case.

    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.

    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.