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    • Discussing the ongoing legal proceedings against Donald TrumpDespite Trump's arrest on 71 felony counts, the legal process continues with motions and potential weaknesses in the case to be addressed.

      Despite the former president's arrest on 71 felony counts, both in state and federal courts, the legal proceedings against Donald Trump are far from over. During a discussion on MSNBC, the hosts reflected on the serious nature of the situation while sharing some light-hearted moments from their experience covering the story around the clock. The total number of charges against Trump currently stands at 71, with 34 in state court and 37 in federal court. The hosts also shared a humorous anecdote about their own experiences trying to balance their professional commitments with personal responsibilities during the intense coverage. Looking ahead, the focus will shift to the court proceedings, with expectations for motions from both the government and the defense, as well as potential weaknesses or problems in the case.

    • Government imposes minimal conditions for Trump's releaseThe government did not request travel restrictions, turning in passport, or monetary bond for Trump's release, contrasting usual practice for white-collar defendants.

      During the arraignment of former President Trump in Florida on the federal indictment, the government went out of their way to impose minimal conditions for his release. They did not ask for restrictions on travel, turning in his passport, or even a monetary bond. This contrasts with the usual practice for white-collar defendants and could be seen as an attempt to address criticisms of unfair treatment towards Trump. The judge in charge of the arraignment was a magistrate judge, not Judge Cannon, who has been a subject of controversy regarding the case. The government has not asked for her recusal and has not requested any special treatment so far.

    • Court raises concerns over Trump's influence on witnessesDespite concerns, Trump is allowed to communicate about case facts with witnesses, raising ethical questions and potential risks for tampering.

      During the court proceedings regarding Donald Trump and his associates' indictment, the government expressed concerns about Trump's history of attempting to influence witnesses and defendants in cases. Despite this, the court did not restrict Trump from communicating about the facts of the case with specific witnesses. This arrangement raises ethical questions and potential risks for witness tampering. Trump's attorney, Evan Corcoran, remains involved in the case, creating a complex situation for him as he represents Trump while also being a witness in the obstruction of justice count. The situation highlights the importance of maintaining ethical standards and the potential consequences of disregarding them. It also underscores the public's growing cynicism towards politicians and lawyers.

    • Defense to Make Motions During Trump ArraignmentTrump's defense team plans to challenge the case through motions, including allegations of prosecutorial misconduct and an error in the attorney-client privilege. They may also use 'gray mail' to pressure lenient plea deals.

      The defense team for Donald Trump in his ongoing legal case is expected to make several motions during the upcoming Miami arraignment. Two potential motions that have been discussed are allegations of prosecutorial misconduct and an argument that the judge in Washington D.C. made an error in piercing the attorney-client privilege. The defense may also attempt to use "gray mail," threatening to reveal sensitive classified information in public, to pressure the government into offering lenient plea deals. These actions are within the defense's role to challenge the case, as long as they are made in good faith. It's important to remember that preserving issues at the trial level is crucial, as the appellate court may not consider arguments raised for the first time on appeal.

    • Legal proceedings against Trump involve complex issues of national defense informationThe Trump case could face significant delays due to the volume of discovery, potential dismissal of counts, and judges limiting use of documents.

      The ongoing legal proceedings against former President Trump involve complex issues surrounding the handling of national defense information. The government's decision to charge Trump with multiple counts of unlawful retention of classified documents could lead to significant delays in the case due to the volume of discovery involved. The defense may argue for the dismissal of some counts, but the government could counter by requesting access to all related documents. Additionally, the judges overseeing the cases have taken steps to limit how the discovery can be used, given Trump's past behavior. The government is expected to push for a speedy trial and a specific trial date. The role of Judge Cannon, who is presiding over this case, will be crucial in determining the pace and outcome of the proceedings.

    • Judge Sullivan's past actions raise concerns about her impartialityJudge Sullivan's past decisions and reversals by the 11th Circuit call into question her ability to handle the Michael Sussmann case impartially. Her lack of experience with classified information may delay the case before the upcoming election.

      Judge Sullivan's past actions and decisions in the Michael Sussmann case raise serious concerns about her impartiality and understanding of classified information procedures. Her reversals by the 11th Circuit and her lack of experience with handling classified information make her an unsuitable judge for this high-stakes case. If she does not recuse voluntarily, the government may need to make a motion for her to do so. It is crucial to have a judge who is well-versed in handling classified information and can move the case forward efficiently before the upcoming election.

    • Wait for questionable rulings before seeking recusalIn high-profile cases, it's generally best to wait for a judge to make a questionable ruling before seeking recusal and appealing to a different judge to maintain a fair and unbiased image and avoid lengthy appeals.

      During legal proceedings, it's generally advisable for parties to proceed in good faith before a judge, even if they harbor concerns about potential bias. The experts in this discussion suggest that making a recusal motion right away could slow down the process and potentially lead to lengthy appeals. Instead, they recommend waiting for the judge to make a questionable ruling before seeking recusal and appealing the decision to a different judge. This strategy, while not common, is permitted in the 2nd Circuit. Additionally, the experts emphasize the importance of maintaining a fair and unbiased image, especially in high-profile cases.

    • Swift action in holding individuals accountableThe January 6th investigation continues with relentless pursuit of justice, despite historic developments, and all parties must respect the judicial process to ensure a fair and efficient legal process.

      Special Counsel Jack Smith's relentless pursuit of justice in the January 6th investigation and the potential criminal cases against the former president underscores the importance of swift action in holding individuals accountable for their actions. Despite historic developments, such as the 71 felony counts against the former president, the investigations are not slowing down. It's crucial for all parties involved to respect the judicial process and allow each case to proceed independently. The New York Attorney General's comment about potential conflicts between state and federal cases may have been premature, and all parties should await further developments before making definitive statements. Ultimately, the focus should remain on ensuring a fair and efficient legal process.

    • Exploring the Legal Proceedings Against Former President TrumpThe Prosecuting Trump team covers the legal proceedings against Donald Trump and encourages audience engagement through voicemails and emails, with plans to return next week but potential for emergency episodes

      The hosts of "Prosecuting Trump" will be back next week with more content, and listeners can stay updated by following the series and reaching out with questions. The team includes Alicia Conley as senior producer, Jessica Schrecker as segment producer, Bryson Barnes as technical director, Janae Maris Perez as associate producer, Ayesha Turner as executive producer, and Rebecca Cutler as senior vice president for content strategy at MSNBC. The show covers the legal proceedings against former President Donald Trump and encourages audience engagement through voicemails and emails. The hosts anticipate returning in a week, but may do an emergency episode if necessary due to Trump's actions.

    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 Second Indictment

    The Second Indictment

    Donald Trump has become the first former president to face federal prosecution. A grand jury in Miami has charged him with 37 criminal counts in special counsel Jack Smith’s documents probe. MSNBC legal analysts Andrew Weissmann and Mary McCord take a closer look at what we know so far and why these charges are so important.

     

    If you have questions, you can leave us a voicemail at 917-342-2934 and maybe we’ll play it on the pod! You can also email us at ProsecutingTrumpQuestions@nbcuni.com

    BONUS: Prosecuting Donald Trump: The Full Indictment Read by Ali Velshi

    BONUS: Prosecuting Donald Trump: The Full Indictment Read by Ali Velshi

    What exactly is inside that historic 37-count federal indictment against Donald Trump? MSNBC host Ali Velshi reads every word of the DOJ’s allegations against the former president, including a transcript of a conversation Trump allegedly had about a classified military document and texts between his employees.

    If you have questions, you can leave us a voicemail at 917-342-2934 and maybe we’ll play it on the pod! You can also email us at ProsecutingTrumpQuestions@nbcuni.com

    BONUS: Prosecuting Donald Trump: The Full Indictment Read by Ali Velshi

    BONUS: Prosecuting Donald Trump: The Full Indictment Read by Ali Velshi

    What exactly is inside that historic 37-count federal indictment against Donald Trump? MSNBC host Ali Velshi reads every word of the DOJ’s allegations against the former president, including a transcript of a conversation Trump allegedly had about a classified military document and texts between his employees.

    If you have questions, you can leave us a voicemail at 917-342-2934 and maybe we’ll play it on the pod! You can also email us at ProsecutingTrumpQuestions@nbcuni.com.

    BONUS: Prosecuting Donald Trump: The Full Indictment Read by Ali Velshi

    BONUS: Prosecuting Donald Trump: The Full Indictment Read by Ali Velshi

    What exactly is inside that historic 37-count federal indictment against Donald Trump? MSNBC host Ali Velshi reads every word of the DOJ’s allegations against the former president, including a transcript of a conversation Trump allegedly had about a classified military document and texts between his employees.

    If you have questions, you can leave us a voicemail at 917-342-2934 and maybe we’ll play it on the pod! You can also email us at ProsecutingTrumpQuestions@nbcuni.com.

    37 Felony Counts

    37 Felony Counts

    The DOJ has unsealed the 37-count indictment against Donald Trump, detailing how the former president allegedly lied and schemed to keep classified documents he knew were classified. MSNBC legal analysts Andrew Weissmann and Mary McCord give us their biggest takeaways from the indictment and tell us what we can expect on Tuesday when Trump turns himself in.

    If you have questions, you can leave us a voicemail at 917-342-2934 and maybe we’ll play it on the pod! You can also email us at ProsecutingTrumpQuestions@nbcuni.com