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    • Legal Proceedings Against Trump: New Developments and ExpectationsDonald Trump continues to face ongoing legal battles, including filing a large bond to delay a judgment, while his actions and threats towards the judiciary raise concerns for accountability.

      The legal proceedings against Donald Trump continue to progress, with new developments in various cases, including the Manhattan civil fraud case, the Mar-a-Lago investigation, and the Georgia case. A notable event was Trump's filing of a $175 million bond to stay the judgment against him while appealing. However, the discussion between Andrew and Mary also highlighted the lack of accountability for Trump's actions, such as his April Fools' Day post, which mocked the judiciary, and the increasing threats against judges. The conversation also touched upon the expanding gag orders and the potential consequences for lawyers involved in these cases. The segment concluded with the expectation of upcoming filings and arguments in the Supreme Court regarding Trump's immunity appeal.

    • Court expands gag order to family members for legal process reasonsThe recent court decision to expand a gag order to include family members was driven by the need to maintain the integrity of the legal process, not personal safety concerns.

      The recent court decision expanding a gag order to include family members of judges and prosecutors was not primarily driven by concerns for their personal safety, but rather the potential impact on the legal process. The order was expanded in response to public comments made by former President Trump referencing the judge's daughter and the current president, which were not covered under the original gag order. The court's primary concern was maintaining the integrity of the legal process, as shown by the fact that the order still does not cover the judges or prosecutors themselves. This expansion serves as a reminder of the importance of clear communication and understanding in legal proceedings, particularly in high-profile cases.

    • Threats to the safety of family members undermine judicial processAttacks on family members of jurors and court staff can deter people from fulfilling their civic duties and threaten the integrity of the judicial process, emphasizing the importance of ensuring the safety of all involved.

      Attacks on the family members of jurors and court staff in high-profile cases can significantly undermine the integrity of the judicial process. According to the judge, these attacks create a real threat to the safety and well-being of those involved, and can deter people from fulfilling their civic duties. The judge emphasized that such attacks are not justifiable and can have serious consequences for the administration of justice. He urged that the safety of all participants in the proceedings, not just themselves, must be considered. The judge's concern was not only for his own family but for the safety and potential attacks on the loved ones of all those involved in the proceedings. The judge's message was clear: the threats to the judicial process cannot be overstated, and the safety of all involved must be taken seriously.

    • Trump's words pose a threat to justice and rule of lawJudge warns Trump of consequences for threatening behavior towards those involved in legal proceedings

      During a recent court case discussion, it was emphasized that Donald Trump's actions and statements, which were intended as campaign advocacy according to him, can pose a significant threat to the administration of justice and the rule of law. Trump's false claims about a judge's daughter were described as farcical by the judge. The judge also put Trump on notice that he may forfeit his right to access juror names if he engages in any conduct that threatens the safety or integrity of the jury or jury selection process. Additionally, any violation of the order would result in sanctions. The judge's actions were taken due to Trump's constant derogatory, inflammatory, and threatening statements about people involved with the case. This situation highlights the power defendant's words can have and the potential consequences of making false statements and threatening behavior towards those involved in legal proceedings.

    • Judges issue gag orders as separate orders from release conditionsJudges in recent cases issued gag orders separately from release conditions, potentially adding teeth to the orders and serving as a deterrent for violations, but it could also lead to contempt charges and detention for violations.

      In two recent high-profile cases, judges in DC and New York issued gag orders as separate orders from release conditions, which can result in contempt charges and potential detention. While these orders could have been explicitly included as conditions of release, they were not. Standard conditions of release include reporting to pretrial services, complying with court appearances, and not committing crimes. The inclusion of a gag order as a release condition could add teeth to the order and serve as a deterrent for violations. The judges' approach in these cases may change, but for now, the gag orders exist as separate contempt orders. The potential violation of a gag order could lead to contempt charges and detention, but it doesn't necessarily mean an automatic return to detention. The ultimate goal is to protect the integrity of the system and witnesses.

    • Trump's conduct towards judges and their families raises concerns for the judiciaryTrump's threats and false narratives towards judges and their families have increased since late 2020, causing concern for the rule of law and the safety of the judiciary.

      The conduct of former President Donald Trump towards judges and their families, as seen in the New York and DC cases, is causing significant concern among the judiciary. This conduct includes threats and false narratives, which have increased dramatically since late 2020, according to Reuters. The danger to the rule of law and the institution of the judiciary is a serious concern for judges, as evidenced by recent comments from Reagan and Bush appointees, such as Judge Reggie Walton and Judges Hogan and Lambert. A recent piece on Just Security provides detailed information on the January 6 defendants and their assaults on law enforcement officers, further highlighting the potential danger posed by Trump's actions. The judiciary is taking steps to manage the influx of frivolous motions from Trump, but the situation remains a significant concern for the legal community.

    • Trump's Legal Team Seeks Delay of Criminal Trial due to Pretrial Publicity and Judge's RecusalDespite contributing to trial publicity, Trump's team requests indefinite delay based on pretrial publicity and judge's recusal. Normally, measures like changing venue or protecting jury pool are remedies.

      Former President Donald Trump's legal team has filed redundant motions on the eve of his criminal trial, requesting a delay due to pretrial publicity and the judge's recusal. These motions come despite Trump being a significant contributor to the publicity surrounding the trial. The request to delay the trial indefinitely until there is no longer such a high level of publicity is an example of manufacturing a reason for delay. Normally, when someone makes a motion related to pretrial publicity, the remedy is not to delay the trial indefinitely but rather to change the venue or to implement measures to protect the jury pool from outside influences. The courts have been clear that the voir dire process, which involves picking a jury and questioning jurors about their impartiality, is usually sufficient to address trial publicity. The legal team's request for the judge's recusal based on unspecified facts has already been denied.

    • Lawyers Involved in Election Fraud Allegations Face AccountabilityDespite former President Trump and his associates' efforts to evade accountability, some lawyers involved in baseless election fraud allegations have faced consequences. John Eastman was found to have violated ethical rules in a 30-day trial, and Jeffrey Clark's role in pressuring the DOJ is under investigation.

      While former President Donald Trump and his associates continue to face various attempts to evade accountability, several lawyers involved in baseless allegations of election fraud have been held accountable in courts. A notable example is the 30-day trial of John Eastman, where he was found to have violated ethical rules on 10 out of 11 charges and is currently suspended as a lawyer pending an appeal to the California Supreme Court. Another ongoing proceeding is against Jeffrey Clark regarding his role in pressuring the Department of Justice. These trials, with witnesses and evidence presented, offer some accountability in the January 6th case, as the Supreme Court has yet to make significant progress. It's important to note that these findings are not final, but they do demonstrate the consequences of actions taken during this period.

    • California Judge Finds John Eastman Conspired with Trump to Obstruct GovernmentA California judge found John Eastman conspired with Trump to obstruct the electoral count process, but it doesn't meet the standard for a criminal conviction. The trial involved extensive evidence from over 23 witnesses and 700 exhibits.

      That a California judge found, by clear and convincing evidence, that John Eastman conspired with former President Trump to obstruct the lawful function of the United States government during the electoral count on January 6, 2021. The judge's ruling detailed Eastman's meetings with Trump and Vice President Pence, as well as his attempts to persuade them to discard electoral votes or send the process back to the states for new slates. The judge's finding adds to the previous evidence presented in a federal trial that suggested a conspiracy between Eastman and Trump. Although this finding does not meet the standard for a criminal conviction, it raises questions about Eastman's eligibility to continue serving as a lawyer or holding public office. The extensive 34-day trial involved over 23 witnesses and 700 exhibits, making all the evidence publicly available for further investigation.

    • Holding Lawyers Accountable for their Actions during the 2020 ElectionThe legal profession is taking steps to ensure lawyers accurately represent facts and law in courts, with cases like John Eastman and Jeffrey Clark serving as reminders of the importance of lawyer accountability and upholding ethical standards.

      The legal profession is taking its responsibilities seriously in holding lawyers accountable for their actions, particularly during the 2020 election. John Eastman's case serves as an example of a lawyer's obligation to truthfully represent facts and the law in the courts. The lack of accountability for lawyers who violated their oaths during this period is a significant concern, as it undermines the trustworthiness of legal representations and the integrity of the judiciary as an institution. The case of Jeffrey Clark, a former Department of Justice lawyer, further highlights the importance of holding lawyers in positions of power accountable for their actions, as Clark attempted to pressure the acting attorney general and deputy attorney general into sending false information about election fraud to state legislators. These cases underscore the importance of upholding the ethical standards of the legal profession.

    • Former DOJ official's controversial appointment and 5th Amendment invocationA former DOJ official, Jeffrey Clark, faced disciplinary proceedings for bypassing department policy, was appointed acting AG, and invoked the 5th Amendment multiple times during a hearing. Mass resignations followed, and the DOJ continues to handle Trump-related cases under scrutiny.

      Jeffrey Clark, a former Department of Justice official, faced disciplinary proceedings for attempting to circumvent department policy and pitch his ideas directly to then-President Trump, leading to his appointment as acting attorney general for a few hours. This behavior was met with mass resignations from senior leaders within the department. During the hearing, Clark invoked the 5th Amendment multiple times, which can be used as evidence against him in this non-criminal context. The assertion of the 5th Amendment can indicate that speaking would provide unhelpful information. The Department of Justice is under scrutiny as they continue to handle various criminal cases involving Donald Trump. Exciting news, both "The Daily" and "Into America with Tremaine Lee" podcasts were nominated for Webby Awards, and the public can cast their votes at vote.webbyawards.com.

    • Celebrating the First Anniversary of 'Prosecuting Donald Trump' PodcastThe team behind 'Prosecuting Donald Trump' podcast, including Vicki Virgolina, Jamaris Perez, Kathryn Anderson, Bob Mallory, Bryson Barnes, Ayesha Turner, and Rebecca Cutler, received a Webby Award nomination for their first anniversary. They expressed excitement and encouraged listeners to follow the series.

      The team behind the podcast "Prosecuting Donald Trump" is celebrating their first anniversary of producing the show, which received a Webby Award nomination. The team includes Vicki Virgolina as the producer, Jamaris Perez as the associate producer, Kathryn Anderson and Bob Mallory as audio engineers, 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. The team expressed their excitement about the nomination and potential award, and encouraged listeners to search for and follow the series wherever they get their podcasts. The podcast, which began just before the Bragg indictment, has had the lifeblood of the show in its fantastic nominees, and the team should have celebrated their anniversary with a celebration.

    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

    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.

    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.

    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.