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    • New charges and defendant in Florida related to Trump's deletion of security footageProsecutors continue to investigate Trump's handling of classified documents and obstruction of justice, with new charges and a new defendant emerging in Florida.

      This week brought unexpected developments in the legal proceedings against Donald Trump, with new charges and a new defendant emerging in Florida related to the deletion of security footage and obstruction of justice. The timing and details of these new charges echo the cover-up theme seen in the initial indictment, highlighting Trump's efforts to mishandle classified documents and obstruct investigations. The tight control over information shown by the prosecutors in this case mirrors the approach taken during the Mueller investigation, despite the challenges of dealing with leaks and public discussions from defense lawyers and witnesses. Overall, these developments underscore the ongoing investigations into Trump's actions and the importance of holding individuals accountable for obstructing justice and mishandling classified materials.

    • Trump Aides Accused of Destroying Surveillance FootageFormer President Trump and associates allegedly obstructed justice by attempting to destroy surveillance footage relevant to an ongoing investigation. An employee refused to comply, and the footage may provide damning evidence.

      Former President Trump and his associates are accused of attempting to obstruct justice by trying to destroy surveillance footage relevant to an ongoing investigation. This was revealed in a new indictment, which shows that on June 22, 2021, the Department of Justice (DOJ) requested the security footage from Trump's business organization. The next day, Trump's aide, De Oliveira, spoke with another aide, Nada, who was supposed to travel with Trump but instead went to Mar-a-Lago to help ensure the videos were destroyed. An employee, Tavares, refused to do so and was identified as employee 4 in the indictment. Trump's previous attempts to obstruct justice included moving boxes and communicating with his attorneys about deleting documents. The obstruction of justice charges become more significant as the government is believed to have obtained the surveillance footage, which could provide damning evidence.

    • Trump's former lawyer, Cohen, indicted for obstruction and false statements, attempted to hide evidence after subpoenaPeople's belief in secure messaging apps doesn't guarantee protection during investigations. Transparency and cooperation are key.

      The recent indictment of Trump's former lawyer, Michael Cohen, for obstruction of justice and making false statements to Congress about Trump's business dealings in Russia, is particularly damning due to Trump's attempt to hide the evidence after being subpoenaed. The use of encrypted messaging apps like Signal, which people believe to be secure, can actually be a disadvantage for those under investigation as cooperating witnesses can provide access to these messages to the government. This situation is reminiscent of Paul Manafort's case, where he was charged with obstruction after the initial indictment due to his efforts to tamper with witnesses. Unlike Trump and Cohen, there is no evidence of obstruction in the cases of Mike Pence or Joe Biden. The government's ability to access information, even if people believe it to be secure, is a crucial reminder of the importance of transparency and cooperation during investigations.

    • New charge against Trump involves a previously mentioned but not directly charged documentFormer President Trump is charged with obstructing justice and retaining classified documents, including one document that was previously mentioned but not directly charged. The new charge involves a recording of Trump discussing the document's classified nature, adding evidentiary issues to the trial.

      Former President Donald Trump and two associates are charged with obstruction of justice and the retention of classified documents, including one document that was previously described in the indictment but not directly charged. This document, which is now charged, is significant because it is alleged that Trump discussed it on tape, confessing to its classified nature. Trump had previously denied the existence of such a document, but the indictment now makes it clear that it was at Mar-a-Lago at some point and was returned to the National Archives. The addition of this charge raises evidentiary issues regarding the admissibility of the tape recording at trial. Trump's defense had been that he was merely blustering about the document's existence, but the new charge strengthens the government's case.

    • Newly unsealed evidence strengthens case against TrumpInvestigation against Trump advances with damning tape and document contradicting his previous statements on classified document return

      The newly unsealed evidence in the ongoing investigation against Donald Trump includes a damning tape recording and document that contradict previous statements made by the former president regarding the return of classified documents. Special Counsel Jack Smith appears concerned with the timing of the case and has decided to move forward with the investigation, despite potential delays from superseding indictments. The first indictment was issued in June, and the superseding indictment came at the end of July, with new charges possibly arising from witness testimonies that emerged after the initial indictment. The government and defense teams are still in the process of arguing over protective orders for classified information, which cannot be provided until the order is signed. The new evidence includes a document that was in Florida before being returned to the National Archives and Trump's confession on tape regarding the document. This evidence is incredibly damning and strengthens the case against Trump for obstruction and potential mishandling of classified documents.

    • Discussing Classified Info at Trump's Private Residences: A Security RiskThe government is concerned about the potential risk to national security from discussing or describing classified info at Trump's Mar-a-Lago and Bedminster residences due to lack of proper security compared to a SCIF.

      Former President Donald Trump's request to discuss and potentially view classified documents at his private residences, Mar-a-Lago and Bedminster, is a significant issue due to the lack of security these locations provide compared to a Secure Compartmented Information Facility (SCIF). The government's concern is that discussing or even describing classified information outside of a SCIF, where it could be intercepted or accessed by unauthorized individuals, poses a risk to national security. The debate revolves around whether Trump wants to view the documents themselves or merely discuss their content, but the bottom line is that these locations do not offer the same level of security as a SCIF.

    • Grand jury meets over 7 hours, speculation of potential indictmentThe grand jury met for over 7 hours, but it's unclear if they voted on an indictment. Trump's lawyers met with the special counsel, and an appeal of the search warrant could be the next step.

      The grand jury meeting regarding the ongoing investigation into former President Trump lasted over seven hours, leading to widespread speculation about a potential indictment. However, it's unlikely that a vote was cast during that session, as grand juries only need to find probable cause. Two of Trump's lawyers met with the special counsel, and while the details of the meeting are unclear, reports suggest that the defense was informed to expect an indictment. The next step could be an appeal of the initial decision to search Mar-a-Lago, which the defense team may file with the Department of Justice. Overall, the investigation continues to unfold, with significant developments potentially on the horizon.

    • DOJ Determines No Abuse of Discretion, Not ApprovalThe DOJ is not granting approvals for indictments but determining if there's been an abuse of discretion under special counsel rules. An absence of abuse finding doesn't mean approval. The Amaralago case illustrates this. If an appeal arises, the DOJ will address it promptly. Yesterday's grand jury proceedings could lead to indictment presentation soon.

      The Department of Justice (DOJ) is not approving indictments, but rather determining if there has been an abuse of discretion under special counsel rules. The absence of an abuse finding does not equate to approval. The Amaralago case serves as an example. If an appeal is raised, it's expected that the DOJ will swiftly address it. Yesterday's grand jury proceedings likely set the stage for a final vote and indictment presentation. The only alternative is if the grand jury requires additional information from a witness. However, it's unlikely that such a need would have been deferred. Stay tuned for updates, as significant developments could occur in the near future. Additionally, there's ongoing activity in Georgia, where authorities are preparing for potential indictments related to the January 6th insurrection investigation. Two prosecutors, federal and state, are collaborating on this investigation, focusing on various aspects of the events leading up to and including January 6th.

    • Upcoming Trump indictments could lead to significant crowds and security concernsFormer President Trump faces potential indictments in federal and state cases, which could lead to large crowds and increased security measures due to his calls for protests and online rhetoric.

      The upcoming indictments of former President Donald Trump in both a federal and state case could lead to significant crowds and potential security concerns. The indictments, which could come down in the same week, have the potential to be a microcosm of the larger investigation. While peaceful protests are protected by the First Amendment, the context of Trump's calls for protests and his rhetoric online could lead to larger crowds and the need for increased security measures. The identity of the assigned judge in both cases will also be crucial in determining the potential outcome and timeline of the trials before the general election. Overall, the upcoming indictments could lead to interesting times and significant developments in the ongoing investigation into Trump's business dealings.

    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

    Jack Smith’s D.C. Indictment Decision: A Conversation with Judge Luttig

    Jack Smith’s D.C. Indictment Decision: A Conversation with Judge Luttig

    As we await yet another likely Trump indictment, former federal judge Michael Luttig joins Andrew Weissmann and Mary McCord to talk about his role in advising Mike Pence ahead of Jan. 6th, why he says Trump wants to be charged for 1/6 – and whether he thinks that trial could happen before the 2024 election.

    Target Letter

    Target Letter

    MSNBC legal analysts Andrew Weissmann and Mary McCord react to the breaking news that Donald Trump has received a target letter from Special Counsel Jack Smith in connection withSmith’s investigation into whether any person or entity unlawfully interfered with the transfer of power following the 2020 presidential election or the certification of the Electoral College vote held on or about January 6, 2021. Plus, they answer questions from listeners.

    All Eyes on Judge Cannon

    All Eyes on Judge Cannon

    A big test for Judge Aileen Cannon as Donald Trump tries to delay the Mar-a-Lago documents case until after the 2024 election. MSNBC legal analysts Andrew Weissmann and Mary McCord weigh in on the possible repercussions of Cannon’s decision. Plus, big developments in GA where a grand jury being seated today could decide whether Trump is charged for trying to overturn his 2020 election loss there.

    Government Secrets at Trial

    Government Secrets at Trial

    Judge Aileen Cannon surprised many by setting an Aug. 14th trial date in Donald Trump’s classified documents case – just 2 months from now. But will that date hold and how will the court keep government secrets safe? MSNBC legal analysts Andrew Weissmann and Mary McCord are joined by national security attorney Mark Zaid to break down the Classified Information Procedures Act (CIPA) and how it could impact the case.