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    • Trump Indicted for Falsifying Business RecordsTrump indicted for falsifying business records to hide payments to women during the 2016 election

      Former President Donald J. Trump and others have been indicted by the grand jury of the county of New York for falsifying business records in the first degree. The indictment, which includes 34 counts, accuses Trump of making false entries in business records with the intent to defraud and conceal a scheme to pay hush money to women, including Stormy Daniels and Karen McDougal, who had allegedly had sexual encounters with Trump. The false records included invoices, entries in the general ledger, and false check stubs, and the scheme was carried out to conceal these payments, particularly during the 2016 presidential election when the access Hollywood tape was released. The trial is about the falsification of business records, and the 33 other counts besides the one read by Robert De Niro are similar, with different dates and types of business records falsified. The purpose of falsifying these records was to hide the payments made to these women to keep the information from the voters.

    • Media organization on trial for suppressing and disseminating false informationThe ongoing trial against a media organization highlights the serious consequences of suppressing damaging information and disseminating false information about political opponents.

      The ongoing trial against a media organization for conspiring to suppress and disseminate false information goes beyond just keeping negative information hidden. Yesterday's court proceedings revealed that the organization not only suppressed damaging information about a political candidate but also created and disseminated false information about their opponents. This is significant because the charges against the media organization align with one of the allegations against Donald Trump – engaging in fake news and suppressing evidence with the help of a non-fact based media outlet. The trial's relevance extends beyond the specific case as it sheds light on the broader issue of media manipulation and the potential consequences of such actions. The jury selection process and pretrial motions, including the admission of other crimes evidence, are also crucial aspects of the trial that are being closely examined.

    • Judge reaffirms rulings on evidence and orders defense to comply with discoveryJudge Marchand emphasized the importance of both parties following discovery rules and not using it as a tactical maneuver. He also made new rulings in favor of Trump on certain in limine motions.

      During the ongoing trial of Donald Trump, Judge Marchand reaffirmed his previous rulings on the admission of evidence related to other crimes, but Trump's defense team attempted to revisit these rulings. The prosecution also renewed their motion for the defense to turn over discovery, which they had not done despite knowing they intended to use the evidence. Judge Marchand then ordered the defense to turn over the documents within 24 hours or risk having them precluded due to a violation of the rules. This is an important reminder that both parties are expected to comply with discovery rules and not use it as a tactical ploy. Additionally, Judge Marchand made some new rulings in favor of Donald Trump on certain in limine motions.

    • Judge's Rulings on Evidence in Trump TrialJudge allows affair evidence, denies pregnancy context, restricts Access Hollywood tape, excludes sexual assault allegations, and sets contempt hearing for Trump.

      During the ongoing trial of Donald Trump in Manhattan, Judge Michael A. Marshand made several rulings regarding the admissibility of certain pieces of evidence. The affair between Trump and Karen McDougal, which the DA considers as "other bad acts" evidence, will be allowed, but the fact that Melania Trump was pregnant at the time will not due to its potential prejudice. The transcript of the Access Hollywood tape can be introduced, but not the tape itself. The judge also kept out evidence of allegations of sexual assault and abuse against Trump from 2016, as well as information related to Stormy Daniels, due to their minimal relevance and potential for unfairness. These rulings are tentative and subject to change if either side introduces new arguments or evidence. Additionally, a contempt motion against Trump for alleged violations of the gag order with respect to witnesses will be heard a week later.

    • New York DA seeks sanctions against Trump for gag order violationNew York DA Alvin Bragg asked the court to impose sanctions on Donald Trump for violating a gag order in the Stormy Daniels case, including potential fines and jail time.

      New York District Attorney Alvin Bragg has asked the court to impose sanctions on Donald Trump for contempt due to Trump's alleged violation of a gag order in the Stormy Daniels case. The sanctions include a fine of up to $1,000 per violation and a potential jail sentence of up to 30 days per violation. The state argues that Trump's statements about Michael Cohen and Stormy Daniels, made in social media posts, constitute clear violations of the order. The state also emphasizes that these are anticipated witnesses and that the order was constitutional. While the possibility of jail time is a concern, it's important to note that the road to jail is typically a gradual one, starting with less severe sanctions. The defense is expected to argue that the gag order is unconstitutional. The ultimate goal of the sanctions is to ensure a fair trial and prevent further escalation of the situation. However, given Trump's history of non-compliance with similar orders, it remains to be seen whether this will be effective in changing his behavior.

    • Jurors Self-Identify Impartiality in Trump TrialIn Trump's criminal trial, jurors were asked to self-identify if they couldn't be impartial instead of the usual method of being asked questions to identify biases.

      During the jury selection process in Donald Trump's criminal trial, potential jurors were given an opportunity to self-identify if they believed they couldn't be fair and impartial. This is unusual as jurors are typically asked a series of questions to identify biases or reasons for cause that would prevent them from serving. The judge's instruction to the panel outlined the allegations against Trump, and potential jurors were asked to self-identify if they couldn't be impartial based on what they had heard so far. This process is designed to determine if any juror should be dismissed for cause, meaning it's clear or reasonably debatable that they couldn't be fair and impartial. This method of jury selection is unusual due to the high-profile nature of the case.

    • Judge's authority to dismiss biased or unable-to-be-impartial jurors during jury selectionJudges can dismiss potential jurors for cause due to biases or inability to be impartial. The Batson procedure allows challenges to strikes based on impermissible classifications.

      During jury selection in a high-profile case, the judge has the authority to dismiss potential jurors for cause if they express strong biases or cannot be impartial. This is different from a peremptory challenge, where each side can dismiss a certain number of jurors without giving a reason. However, if a pattern of strikes based on impermissible classifications, such as race, emerges, the other side can challenge these strikes using the Batson procedure. The judge will then determine if the strikes were made in good faith. This process ensures the integrity of the judicial system and protects the rights of potential jurors to serve. It's important for the public to understand this process, even though the actual challenges and rulings typically happen quickly during jury selection.

    • Jury selection for Trump's trial continues with personal questionsThe jury selection process for Donald Trump's trial in New York involves potential jurors answering personal questions in front of other jurors and the press to identify potential biases or connections.

      The ongoing jury selection process for Donald Trump's trial in New York involves potential jurors answering a lengthy list of questions in front of other jurors and the press. These questions cover various aspects of their personal lives, including neighborhood, employment, and media consumption. The purpose of these questions is to identify potential biases or connections that could lead to challenges for cause or peremptory strikes. The process is designed to ensure a fair jury pool in a high-profile case, and it may take some time before the final group of potential jurors is determined. Meanwhile, the Supreme Court is hearing arguments on a case unrelated to Trump down the street in Washington D.C.

    • Understanding the Legal Battle Over Obstructing Official ProceedingsThe Supreme Court is deciding if 'otherwise' in a statute related to obstructing official proceedings includes violent assaults or only record alteration.

      The ongoing legal battle in the US Supreme Court revolves around the interpretation of a statute related to obstructing official proceedings. This statute has two parts: one prohibits altering, destroying, or concealing records, and the other prohibits otherwise obstructing, influencing, or impeding official proceedings. A police officer involved in the Capitol riots, who is also charged with these crimes, was the initial focus of this legal dispute. The question at hand is whether "otherwise" in the statute refers only to altering records or if it includes other forms of obstruction, such as violent assaults on the Capitol that interrupted the certification of electoral votes. The implications of this decision could potentially impact the charges against former President Trump, who is also charged with obstructing an official proceeding. However, it's important to note that there are significant differences between the charges against Trump and those against the Capitol rioters, particularly regarding the fraudulent elector scheme. The Supreme Court is currently considering this issue, and the outcome could have far-reaching consequences for these cases.

    • Implications of Supreme Court Case for Capitol RiotersThe Fisher v. United States case could lead to resentencings or releases for some Capitol rioters if the Supreme Court interprets the statute more narrowly, but it won't directly affect ongoing Trump trial.

      The outcome of a Supreme Court case, Fisher v. United States, could have significant implications for individuals who have already been convicted under the same statute, particularly those involved in the Capitol riots. The defense in this case argues that the statute, which was created in response to corporate fraud cases like Enron, should be interpreted more narrowly. If the Supreme Court agrees, some defendants may be resentenced or even released from prison. However, this decision would not necessarily impact the ongoing trial of Jack Smith or former President Trump. The Supreme Court has delayed that case, and the immunity argument will be heard on April 25th. The hosts, Mary and Ken, plan to discuss this and other updates in upcoming episodes. Listeners are encouraged to send in questions or leave voice mails. The podcast, "Prosecuting Donald Trump," is produced by Vicki Virgolina, Jameris Perez, and Kathryn Anderson, among others. Vote for the show in the Webby Awards before April 18th. New episodes will be released twice a week.

    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 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.

    History in the Making

    History in the Making

    Donald Trump is on the precipice of his New York criminal trial, a historical first for a former president. Veteran prosecutors Andrew Weissmann and Mary McCord give a primer on the who, what, when, where and why of Manhattan District Attorney Alvin Bragg’s case, as both sides prep for jury selection. Then they head to Florida, where tensions are elevated between Special Counsel Jack Smith and Judge Aileen Cannon over jury instructions and Judge Cannon’s handling of that case. 

    For further reading, as Andrew and Mary mentioned in this episode, here are United States District Judge Royce Lamberth’s Notes for Sentencing for a defendant named Taylor James Johnatakis. Johnatakis was sentenced to 87 months for his role in the January 6th attack on the Capitol.

    Also, a reminder that Prosecuting Donald Trump and Into America have been nominated for Webby Awards! And MSNBC needs your help to win. Check out vote.webbyawards.com to vote for both shows.

    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.

    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.

    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.