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    • Supreme Court Allows Trump on Colorado Ballot, but Not Without DissentThe Supreme Court ruled that Donald Trump can appear on Colorado's presidential ballot, but the decision was met with dissent. Significant developments occurred in the Mar-a-Lago case and ICAP won a civil case against fraudulent electors in Wisconsin.

      On March 4th, 2023, the Supreme Court issued a unanimous decision allowing Donald Trump to appear on the presidential ballot in Colorado, despite objections from state officials. However, the decision was not without dissent when it came to the substance of the ruling. Additionally, there were significant developments in the Mar-a-Lago case, including the plea of Allen Weisselberg, which could impact Trump's upcoming criminal trial in Manhattan. ICAP, an organization that Andrew Weissman and Mary McCord work for, had a notable victory in a civil case they brought against fraudulent electors in Wisconsin. The case aimed for injunctive and declaratory relief, declaring the actions of the electors unlawful. The defendants in the case, James Troupe and Ken Chesebro, have been involved in other election interference schemes.

    • Electors in Wisconsin Settle Case, Reveal Campaign's DirectionWisconsin electors involved in attempt to override election results settled, revealing campaign's efforts to submit electoral ballots before litigation was resolved

      The case against the 10 fraudulent electors in Wisconsin was about preventing them from violating the law by taking the positions of real electors even though they weren't certified winners. The electors had settled the case in December, agreeing never to be electors for Donald Trump again and admitting their participation was part of an attempt to overturn the will of the people. Two of the electors, James Troopis and Kenneth Chesebro, have now settled the case permanently and have provided over 1400 emails and text messages revealing the campaign's direction to meet and submit electoral ballots on December 14th, despite pending litigation. These electors were not just contingent electors waiting in the wings, but were actively involved in an attempt to override the election results, which is why criminal charges may apply to some but not others.

    • Early planning of Wisconsin election overturn effort revealedTrump campaign lawyers discussed submitting alternate slates of electors and pressuring state legislatures to send up pro-Trump electors to disrupt the electoral college process, potentially allowing Trump to win the presidency via the House of Representatives.

      The recently released documents provide insight into the early planning stages of the effort to overturn the 2020 presidential election results, specifically in Wisconsin. James Troupe, a Trump campaign lawyer, played a significant role in driving this scheme, which involved the submission of alternate slates of electors to disrupt the electoral college process. Kenneth Chesebro, another lawyer involved, was disingenuous in his representations, as emails from November 8th, just five days after the election, reveal he suggested the submission of alternate slates and pressuring state legislatures to send up pro-Trump electors. This scheme aimed to throw the election to the House of Representatives, potentially allowing Trump to win due to the way the House votes on the presidency. The documents also show that this plan was being discussed as early as November 8th, highlighting the seriousness and urgency of the attempt to overturn the election results.

    • Emails reveal plan to manipulate electoral processEmails between Chesebro and Troupe detailed a scheme to create court challenges and pressure Pence to count alternate electors, contributing to false fraud claims and Capitol violence. Despite downplaying actions, documentation shows their true intentions.

      The emails between Kenneth Chesebro and James Troupe, key figures in the alternate electors scheme, reveal their plan to manipulate the electoral process in swing states before the January 6th Capitol attack. They aimed to create court challenges and pressure Mike Pence to count the alternate slates or send it back to the state legislatures. Chesebro downplayed the seriousness of their actions after the fact, but contemporaneous documentation shows their true intentions. This scheme contributed to the false narrative of fraudulent electors, which fueled the violence at the Capitol. The Supreme Court later ruled that states cannot unilaterally remove someone from the presidential ballot, but the events of January 6th underscored the importance of transparency and accountability in the electoral process.

    • Different perspectives among Supreme Court JusticesThe Supreme Court's decision on presidential ballot removal revealed a divided court, with the majority limiting states' power and three liberal justices advocating for more flexibility to prevent potential chaos.

      The Supreme Court's decision in the case regarding the power of states to remove presidential candidates from the ballot revealed a fractured nature behind the scenes. While the majority ruled that only Congress has the power to act, the three liberal justices, Sotomayor, Kagan, and Ketanji Brown Jackson, believed the court went too far by making it easier for former President Trump to avoid potential discord and mayhem. The lack of clarity surrounding the majority's use of the term "critical" regarding Congress's role adds to the confusion. Overall, the decision highlighted the different perspectives and interpretations among the justices.

    • Supreme Court's decision on 14th Amendment leaves room for ambiguityThe Supreme Court's ruling on disqualifying individuals from federal office doesn't necessitate congressional legislation but leaves room for ambiguity and potential future debates

      The Supreme Court's decision in the case regarding the 14th Amendment and disqualification of individuals from federal office does not definitively require congressional legislation for implementation. While the majority opinion suggests Congress has the power to enact implementing legislation, it does not necessarily mean it's the sole way. The concurring justices argued that the decision could potentially shut the door on other means of federal enforcement and insulate certain individuals from future challenges. The criminal statute 18 USC 2383, which carries disqualification upon conviction for engaging in an insurrection, was not charged against the individual in question but could satisfy the majority's test for complying with federal congressional action. The decision leaves room for ambiguity and potential future debates on the best course of action for disqualifying individuals from federal office.

    • Supreme Court's Decision on Mar-a-Lago Documents Reveals Political TensionsThe recent Supreme Court decision on Mar-a-Lago documents showcases internal conflicts and complexities, with justices seemingly divided and debating presidential immunity, while also dealing with metadata issues and criticism for potential legislative action.

      The recent Supreme Court decision regarding the release of documents related to the Mar-a-Lago investigation highlights the political tensions and complexities within the court. The decision put pressure on the upcoming opinion regarding presidential immunity, with some justices seemingly at odds with each other. Additionally, there was a metadata issue that led to confusion about the authorship and content of the opinions. Justice Amy Coney Barrett's concurrence called for unity and lowering the volume during a politically charged season, which some saw as an odd and dismissive response. The court's decision that legislation may be required to enforce certain aspects of the 14th Amendment was met with criticism, as it contradicts the legal precedent of enforcing some sections without legislation. Overall, the decision underscores the significant divisions and debates within the Supreme Court.

    • Congress has the power to reject electoral college votes for disqualified candidates under the 14th amendmentConstitutional law experts believe Congress can reject electoral college votes for Trump due to Capitol insurrection involvement, but court opinion on implementing legislation is disputed, and trial dates for Trump investigations remain uncertain

      According to constitutional law experts, Congress has the power to reject electoral college votes for a candidate who is disqualified under the 14th amendment, such as former President Donald Trump due to his involvement in the Capitol insurrection. This power was discussed during a recent legal analysis, with the experts explaining that even Trump's own attorney acknowledged this during the impeachment trial. However, the court's recent opinion suggesting implementing legislation is needed for Congress to exercise this power is disputed, as it was not agreed upon by all justices. Meanwhile, in other news, the trial dates for ongoing investigations against Trump, including those related to Mar-a-Lago and the Manhattan case, remain uncertain due to legal proceedings.

    • Legal issues facing Trump and the Trump Organization with Allen Weisselberg as a key playerDespite ongoing criminal and civil cases, Trump paid his indicted CFO Weisselberg, raising ethical concerns

      The legal situation surrounding Donald Trump and the Trump Organization is complex and multifaceted, with criminal and civil cases ongoing. A key player in these cases is Allen Weisselberg, the former CFO of the Trump Organization, who has pleaded guilty to tax fraud and perjury in relation to the civil fraud case. Despite these criminal and civil liabilities, Trump continued to pay Weisselberg during the relevant time periods. This raises ethical concerns and highlights the ongoing nature of the legal issues facing Trump and his organization. The trial dates for these cases are still pending, and many procedural steps must be taken before trials can begin.

    • New York Civil Fraud Trial: Perjury Admission by Allen Weisselberg and Michael CohenFormer Trump executives Allen Weisselberg and Michael Cohen have admitted to perjury, but Weisselberg's refusal to cooperate with the state complicates the defense's case. The trial, which begins in 20 days, may see the defense raise the issue of unequal treatment of perjurers.

      The ongoing New York civil fraud trial against the Trump Organization has taken an unexpected turn with the admission of perjury by former Trump executive Allen Weisselberg and Michael Cohen. Weisselberg, who is currently facing charges, has refused to cooperate with the state, making it difficult for them to call him as a witness. This is problematic for the defense, as they may now point out the discrepancy in how Weisselberg and Cohen, both of whom have admitted to perjury, have been treated in the case. The defense is expected to raise this issue during the upcoming trial, which will be a return to familiar ground for the hosts, who have a background in trial law and criminal defense. The trial is set to begin in 20 days, and it remains to be seen what other developments may arise before then. Listeners with questions can contact the show at 917-342-2934 or email prosecutingtrump@nbcuni.com. The show is produced by Vicki Virgolina, Jessica Schrecker, Paul Robert Mounsey, Bob Mallory, Ayesha Turner, and Rebecca Cutler.

    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

    Immunity Take Two... and Three

    Immunity Take Two... and Three

    In a last-ditch effort to delay, delay, delay- Donald Trump’s legal team submitted a motion on Monday to pause the New York trial on election interference (a.k.a. the ‘hush money’ case) until the Supreme Court decides on immunity. MSNBC legal analysts Andrew Weissmann and Mary McCord break that down, and how it differs from the motion to dismiss the Florida classified documents case. Then, they highlight the $91 million bond posted by the former president in the E. Jean Carroll case, as he appeals that decision. And a look behind the curtain as Special Counsel Robert Hur testifies before the House Judiciary Committee about his report on Biden’s handling of classified documents. Lastly, on the radar: an Arizona grand jury issues subpoenas in that states’ fake elector scheme.  

    Two Steps Forward, One Step Back

    Two Steps Forward, One Step Back

    Delays persist in several of the cases against former president Trump, including in the New York case that was set to begin next week. MSNBC legal analysts Andrew Weissmann and Mary McCord detail what led to the delay in receiving documents from the U.S. Attorney in Manhattan. They also review Judge Cannon’s decision on Trump’s motion to dismiss the Florida documents case based on ‘vagueness’ in the Espionage Act. Then, Andrew and Mary turn to the Georgia ruling that led to the resignation of lead prosecutor Nathan Wade. Plus, Monday's news that the former president can’t find an insurance company to underwrite his $464 Million bond for the judgement in his NY civil fraud case.

    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.

    Citizen Trump

    Citizen Trump

    On Tuesday, the US Appeals Court for the DC Circuit unanimously ruled that former President Trump is not immune from prosecution as it relates to his actions after the 2020 election. MSNBC legal analysts Andrew Weissmann and Mary McCord detail what the decision means and what happens next. This, as we await Thursday's oral arguments before the Supreme Court to decide if Trump can be kept off Colorado’s primary ballot due to the 14th amendment’s insurrection clause. Also on tap: movement in the Florida classified documents case, Fani Willis and Nathan Wade respond in Georgia and Allen Weisselberg considers a plea deal.

    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.