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    • Supreme Court intervention in state criminal casesThe Supreme Court cannot intervene in an ongoing state criminal case, they can only intervene after the state appeals process has been exhausted.

      The criminal trial of Donald Trump and the subsequent verdict have led to a flurry of misinformation and attacks on the rule of law. It's important to debunk common myths, such as the idea that the Supreme Court can intervene in an ongoing state criminal case. In reality, the Supreme Court has no authority to step in until after the state appeals process has run its course. This misconception is dangerous as it undermines confidence in the criminal justice system and can lead to further confusion and mistrust. It's crucial to clarify these misunderstandings and promote accurate information to ensure the integrity of the legal process.

    • Trump legal proceedingsThe Manhattan DA's office is handling Trump's legal proceedings independently, and federal courts have a limited role in addressing constitutional issues.

      The ongoing legal proceedings against Donald Trump are not a result of federal government interference or political motivations, as some have suggested. Instead, the case is being handled by the Manhattan District Attorney's office, an independently elected official. Furthermore, there is a longstanding role for federal courts in addressing constitutional issues, but it is limited and difficult to access. Another important point discussed was the need to correct misinformation and false narratives that spread on various media platforms. These misconceptions can lead to misunderstandings and confusion, and it's crucial to clarify the facts. Finally, the idea that the date of Trump's sentencing was chosen for political reasons was debunked, as it was proposed by his own legal team.

    • Biden's handling of Hunter Biden's casePresident Biden has not intervened in his son's federal prosecutions despite personal interest, showing commitment to upholding the rule of law and DOJ independence.

      President Joe Biden is facing intense scrutiny over his son Hunter Biden's ongoing federal prosecutions, but despite his deep personal interest, he has not intervened. Hunter is currently on trial for allegedly making a false statement during a background check for a firearm purchase, and faces additional tax charges in September. The President has the constitutional power to pardon or drop the case, but has chosen not to exercise it. This decision is being seen as a strong commitment to upholding the rule of law and the independence of the Department of Justice, in contrast to the actions of former President Donald Trump and his administration. The handling of the case is also attracting international attention, with criticism coming from Russia, Hungary, and China. The outcome of the case and how it is perceived could have significant implications for political retribution and the perception of the US justice system. Additionally, during Trump's trial, he claimed that a gag order was preventing him from testifying, but this was not the case, and he ultimately chose not to take the stand. Another false narrative circulating is that the case against Trump was tailor-made for him, but every criminal prosecution is tailored to fit the facts and applicable laws. The charges against Trump were based on clear evidence of election law violations and conspiracy to promote an election through unlawful means.

    • Trump trial transparencyDespite some claims, Trump was aware of the alleged financial crimes and the false records used as a cover-up during his trial, which was made transparent by the DA's office. Appeals only address reversible errors, and baseless accusations of a rigged or corrupt prosecution will not form the basis for an appeal.

      During the trial of Donald Trump for financial crimes, it was clear that he was aware of the alleged felony and the false business records used as a cover-up. Contrary to some claims, this information was not hidden from Trump, as it had been litigated before the judge. The DA's office also provided more transparency than usual by revealing the underlying crime being concealed. In the upcoming appeal, Trump's attorneys will focus on significant errors that could potentially reverse the conviction. It's important to note that appeals only address reversible errors that could have impacted the outcome, and not every complaint will lead to a reversal. Furthermore, baseless accusations of a rigged or corrupt prosecution will not form the basis for an appeal, as there is no evidence to support such claims. It's disheartening to see attacks on the judges involved in the case based on their race, which undermines the principles of equal justice and civil rights.

    • Political Violence and AccountabilityThe current political climate necessitates accountability for those who incite violence and a call for political leaders to promote calm and respect for the rule of law.

      The current political climate, as evidenced by recent events and rhetoric, is a cause for concern due to its potential to incite political violence. The criminal charges filed against former Trump associates for their roles in the fake elector scheme underscore the importance of accountability and upholding the rule of law. Additionally, the need for political leaders to promote calm and respect for the rule of law is crucial during this contentious period, particularly with upcoming conventions and elections. The ongoing situation at Mar-a-Lago, where the conditions of Trump's release are being modified to prevent statements that could incite violence, highlights the importance of clarifying misinformation and maintaining respect for law enforcement.

    • Trump's response deadlineJudge has ordered Trump to respond to prosecution's motion by June 14th, it's unclear if she wants a substantive response or if this is for writing a motion about pretrial services role.

      The judge in the case of Donald Trump's request to modify his release conditions has ordered him to respond to the prosecution's renewed motion by June 14th. The defense had requested that pretrial services make a recommendation about the necessity of the conditions, but the judge did not issue an order for that. It's unclear if the judge wants a substantive response from Trump's team or if they will use this time to write a motion about the role of pretrial services. Meanwhile, the judge has yet to rule on a motion to dismiss the case based on the appointment of the special counsel, despite this argument being made and rejected in past cases. She has allowed amicus briefs on this issue and has ordered briefing on a separate argument raised by Trump regarding the appropriations clause. The case continues to progress slowly, with the clock being a significant factor in the judge's decisions.

    • Legal nuances in Trump casesThe legal process surrounding Trump's cases involves technicalities and nuances, including the role of judges in sentencing and the definition of a conviction, which can impact discussions about these cases.

      The appointment of special counsels and their scope, as well as the definition of a conviction, can be subject to technicalities and legal nuances. For instance, in the case of former President Trump, he has not been technically convicted despite being found guilty by a jury, as his sentencing is yet to come. Additionally, the role of judges, particularly those appointed by former President Trump, has been a topic of discussion, with some emphasizing their commitment to upholding the rule of law. However, the discretion of judges in deciding on sentencing and allowing an individual to remain free while appealing can vary, as seen in the cases of Steve Bannon and potentially Trump himself. It's important to remember that the legal process can be complex, and understanding these nuances is crucial for informed discussions.

    • Trump tax returns, legal consequencesA Supreme Court decision on Trump's tax returns could lead to further legal consequences for him, including contempt charges, depending on his actions. The team is ready to continue answering listener questions and providing updates on the legal proceedings.

      The outcome of the immunity case regarding former President Trump's tax returns, currently on the Supreme Court's calendar for decision, could potentially lead to further legal consequences for Trump, such as contempt charges, depending on his actions following the election results. However, the decision days for the Supreme Court are typically on Thursdays, so a ruling on this case could result in another episode of "Prosecuting Trump." Despite the heavy workload, the team looks forward to continuing to answer listener questions and providing updates on the legal proceedings. To submit questions, listeners can leave a voice mail at 917-342-2934 or email prosecutingtrump@nbcuni.com. The podcast is produced by Vicki Virgolita, with Jameris Perez as associate producer, and audio engineering by Katharine Anderson, Bob Mallory, Bryson Barnes, and Ayesha Turner. Rebecca Cutler serves as senior vice president for content strategy at MSNBC. Listeners are encouraged to follow the series on their preferred podcast platform.

    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.