Afleveringen
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As the Special Counsel winds down the DC criminal case and the Florida appeal, veteran prosecutors Mary McCord and Andrew Weissmann analyze the strategy behind getting a dismissal without prejudice before Donald Trump takes office, while dispelling the notion that Jack Smith âfoldedâ in any way. Then, they head to New York to break down the nuance of Judge Merchanâs decision to postpone Trumpâs sentencing, as he accepts briefing on a motion to dismiss the case that both parties agreed to. And before wrapping up, Mary and Andrew review some of the presumptive nominees Trump has named for top Justice Department posts, and the contrast of working on behalf of a client versus working on behalf of the Constitution.
A note to listeners: Since we recorded, the 11th U.S. Circuit Court of Appeals also granted Special Counsel Jack Smithâs request to dismiss that appeal without prejudice.
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Even after the New York DAâs position with respect to a dismissal of Donald Trumpâs New York case was filed, there are lingering questions about what happens next with his other criminal cases as he begins his transition back to power and unveils his cabinet nominees. MSNBC legal analysts Mary McCord and Andrew Weissmann give an insiderâs perspective on what a final report in the DC case might look like from Special Counsel Jack Smith, as is a requirement within the special counsel rules. What will it encapsulate? And will it be made public? Next up: a few cases involving J6 rioters have been denied a stay, while others have had their trials postponed, but an overarching theme is that Trump's immunity should not extend to these defendants. And finally, Mary and Andrew ânerd outâ on the Constitutional process of how a recess appointment works, why the early framers thought it necessary, and how the president-elect is angling to use it to avoid the Senateâs long held role of advice and consent when it comes to political appointees.
Want to listen to this show without ads? Sign up for MSNBC Premium on Apple Podcasts. As a subscriber youâll also be able to get occasional bonus content from this and other shows. This week, you can get a premium-only bonus episode of Chris Hayesâ podcast âWhy Is This Happening?â. In it, Chris sits down with Rachel Maddow to reflect on lessons learned from this election cycle and what to expect in the new administration, including the recess appointments Andrew and Mary spoke about in this episode.
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Zijn er afleveringen die ontbreken?
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There's a lot to unpack around Donald Trumpâs ongoing criminal and civil cases after he won last week's election. To begin with, veteran prosecutors Mary McCord and Andrew Weissmann explain why Judge Merchan agreed to the joint request to put off today's decision on the impact of immunity in his hush money case. Then, they dig into the constitutional arguments against prosecuting a president while in office, whether federally or as a state prosecution, and how that might also relate to sentencing in New York. Next up, Andrew and Mary illustrate how Trumpâs win might impact his civil cases, to include both E Jean Carroll cases and his New York civil fraud case. And wrapping up, the duo reflect on the efforts by those convicted in J6 cases to have them dismissed or stayed, as they await a potential pardon by the president-elect.
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After Donald Trumpâs decisive win this week, election litigation expert Ben Ginsberg joins MSNBC legal analysts Mary McCord and Andrew Weissmann to drill down on why we are not seeing any post-election challenges, despite a bevy of concerns and allegations before voters went to the polls. Then, Andrew and Mary tick through what's next for each of the president-elect's criminal cases in DC, Florida, Georgia, and New York.
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As a level set for post-election litigation, MSNBC legal analysts Mary McCord and Andrew Weissmann look at two cases in Pennsylvania and Virginia that have already made their way through the courts involving naked ballots and purging alleged noncitizens from voter rolls. Then, newly unsealed court documents in the DC case show long-held concerns from judges around former President Trumpâs efforts to delay. And Andrew and Mary close with the latest from Florida: the 11th Circuit appeal of the dismissal of the Florida documents case is moving along and Judge Cannon doesnât think her recusal is necessary in the case involving the second assassination attempt of the former president.
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With eight days to go until Election Day, veteran prosecutors Mary McCord and Andrew Weissmann tackle several issues related to the vote and its aftermath: if Donald Trump doesnât win the election, could his DC criminal case be dismissed based on the Appointments Clause? Can a president use the military domestically against "the enemy within" despite the constraints of the Posse Comitatus Act? Will another âred mirageâ followed by a âblue shiftâ cause the former president to cry foul and call for stopping the electoral count? And, will Elon Musk and his America PAC be held liable for paying residents in swing states to register? Andrew and Mary address these questions and remind listeners to vote!
Further Reading: Andrew and Ryan Goodman's recent piece on Just Security: An Overlooked January 6 Charge: The âStop the Countâ Scheme
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Thereâs been a flood of activity recently in Judge Tanya Chutkanâs DC courtroom. In the last week, she released a 50-page ruling on several outstanding issues including the Brady doctrine, a pretrial discovery rule requiring the government to share all exculpatory evidence with Donald Trumpâs defense team. MSNBC legal analysts Mary McCord and Andrew Weissmann shed some light on the judgeâs decisions and detail the release of the Special Counselâs heavily redacted appendix, which was unsealed last Friday. Also in the hopper: an explainer on Jack Smith's response to a renewed motion from Trumpâs legal team to dismiss the DC case based on the Supreme Court's Fischer decision on obstruction. And lastly, Andrew and Mary head to Florida where Ryan Ruth, the suspect in the second assassination attempt against the former president, asked Judge Aileen Cannon to recuse herself from the case.
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Last week, the DC election interference case inched forward, as Judge Tanya Chutkan approved the public release of Jack Smithâs redacted source documents that helped frame his already public immunity briefing. But she also agreed to stay that release until October 17th, as Trumpâs legal team decides if they want to seek an appeal. MSNBC legal analysts Mary McCord and Andrew Weissmann walk through how that scenario might play out, and why it could become a moot point after Thursday. Then, they take aim at critics whoâve been publicly decrying the release of the governmentâs immunity briefing, by pointing out that the DOJâs â60-day ruleâ is not a law, and that the guidance is for new matters, not for cases that have already been charged. And before wrapping up, Andrew and Mary give their read on the disturbing politicization of FEMA's disaster response and answer a few listener questions.
Further Reading: As Andrew mentioned, here is his piece, co-authored with Ryan Goodman, on Just Security: Refuting the Latest Baseless Attacks Against Special Counsel Jack Smith.
Also, just two more days to vote! Prosecuting Donald Trump and Into America have been nominated for the Signal Listener's Choice Award! And MSNBC needs your help to win. Use the links below to vote for both shows:
Prosecuting Donald Trump in the Shows - News & Politics category.
Into America presents: Uncounted Millions in the Limited Series & Specials - Money & Finance category and Limited Series & Specials - News & Politics categories.
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Election Day is around the corner and Vice President Kamala Harris could become the first woman, first Black woman, and first South-Asian to sit in the Oval Office. In light of this moment, weâre resharing our 2020 series âKamala: Next in Line,â from MSNBC and Wondery. Hosted by Joy Reid, "Next In Line" is an intimate and immersive look into what drives Harris, what her critics say about her, and how she arrived at this historic moment.
This is a special program for our MSNBC Premium subscribers. Listen to an excerpt from the first episode here. And to download the full series, sign up for MSNBC Premium on Apple Podcasts. Youâll find the series in the How to Win feed.
Plus, as a subscriber, youâll get all MSNBC original podcasts ad-free, along with bonus exciting content from Prosecuting Donald Trump, Rachel Maddow, and more. Thanks for listening and subscribing!
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After Judge Tanya Chutkan ordered a redacted version of the government's filing on immunity to be released, new information about Donald Trumpâs post-election efforts came to light. Jack Smith argues that the allegations detailed in the filing were "fundamentally" done as a candidate, and not in an official capacity. Veteran prosecutors Mary McCord and Andrew Weissmann frame the government's case, describing the new allegations now in the public sphere and Trumpâs continued assertion that this is âelection interference.â Then, they review another motion to dismiss brought by Trumpâs lawyers, this one referencing the Fischer case.
Also, some exciting news! Prosecuting Donald Trump and Into America have been nominated for the Signal Listener's Choice Award! And MSNBC needs your help to win. Use the links below to vote for both shows:
Prosecuting Donald Trump in the Shows - News & Politics category.Into America presents: Uncounted Millions in the Limited Series & Specials - Money & Finance category and Limited Series & Specials - News & Politics categories.Further Reading: Here is Special Counsel Jack Smithâs unsealed Motion for Immunity Determinations.
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In the DC election interference case, Special Counsel Jack Smith filed his 180-page opening brief under seal last week, along with a request to release a redacted version to the public. MSNBC legal analysts Mary McCord and Andrew Weissmann analyze how this will play out, what aspects would need to be removed, and if/when the public might see a redacted version. Then, they head north to Manhattan, where a 5-judge panel held oral arguments in Donald Trumpâs appeal of his New York civil fraud judgement. And a few other headlines grabbed Andrew and Maryâs attention this week from former New York Mayor Rudy Giuliani, current New York Mayor Eric Adams, and a defamation lawsuit from Springfield, Ohio. Plus: time to answer a few listener questions.
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Tuesday, the Senate Judiciary Committee held a hearing titled: ââWhen the President Does It, that Means Itâs Not Illegalâ: The Supreme Courtâs Unprecedented Immunity Decisionâ, and MSNBC legal analyst Mary McCord was called to testify before the committee. She and Andrew Weissmann reflect on what she laid out for the Senators concerning the fallout from the Supreme Courtâs immunity decision. Then, they review the flurry of filings in Trumpâs DC election interference case, where Jack Smithâs team is expected to file a substantial opening brief on Thursday. And lastly, after weeks of harassment and bomb threats, a non-profit group in Springfield, Ohio filed citizen-led criminal charges against Donald Trump and JD Vance for repeating lies that have allegedly led to threats against Haitian immigrants living in the community.
Further reading:
Here is Maryâs opening statement before the Senate Judiciary Committee.Here is the Just Security piece Andrew mentioned from Adam Klasfeld and Ryan Goodman, citing twelve instances of targeting supposed foes during the Trump administration: Chronology of a Dozen Times Trump Pushed to Prosecute His Perceived EnemiesWant to listen to this show without ads? Sign up for MSNBC Premium on Apple Podcasts. As a subscriber youâll also be able to get occasional bonus content from this and other shows.
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As the FBI continues to investigate the second apparent Trump assassination attempt, MSNBC legal analysts Andrew Weissmann and Mary McCord describe the charges brought and the reasoning behind them. Then, they move to the latest out of Georgia after Judge McAfee dismissed three counts from the 41-count indictment, while allowing the rest to go forward. And lastly, Mary and Andrew welcome Adav Noti, Executive Director of the Campaign Legal Center, to calm some concerns about certain jurisdictions refusing to certify this November's election results.
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Weâre thrilled to share a mashup of our MSNBC Live: Democracy 2024 event that we recently held at the Brooklyn Academy of Music. The whole day was a celebration of you, our viewers and listeners. It was the first of its kind in-person, interactive experience. We so enjoyed meeting so many of you. But if you couldnât join us in person, youâre in luck â weâre sharing key conversations in this episode. For more, be sure to check out our TV special airing Saturday, September 14th at 9 p.m. ET. For your reference, here are timecodes for the sessions included here:
Claire McCaskill, Jen Psaki, and Andrea Mitchell 0:01:30-0:31:23Chris Hayes & Kate Shaw 0:31:36-0:51:20
Andrew Weissmann & Ari Melber 0:51:25-1:12:53
Rachel Maddow & Lawrence OâDonnell 1:13:13-1:45:45
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There was a lot of movement late last week in Donald Trumpâs ongoing criminal cases in DC and New York, but with very different results. Veteran prosecutors Andrew Weissmann and Mary McCord review last Thursdayâs status hearing in Trumpâs DC election interference case and break down the new deadlines set in Judge Chutkanâs scheduling order. Then, they dig into the nuance of Judge Merchanâs decision to push back the date of Trumpâs sentencing, as well as delaying his ruling on how immunity applies to the case until after the November election. And before winding up todayâs episode, Mary and Andrew give their uniquely informed take on the DOJâs actions regarding Russian efforts to interfere and influence the 2024 election.
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Last Fridayâs joint filing in the DC election interference case before Judge Chutkan highlighted the deep chasm between Special Counsel Jack Smith and Trumpâs legal team when it comes to how to proceed after the immunity decision. MSNBC legal analysts Andrew Weissmann and Mary McCord give their unique perspective on what both sides offered up and which arguments hold merit. Then, they head to New York to detail the second effort by Trumpâs legal team to remove the hush money case to federal court, weeks before his scheduled sentencing before Judge Merchan.
*** A note: Shortly after this episode was recorded, the federal judge denied leave to Mr. Trump to file removal papers after determining that no good cause for the late filing had been shown and removal to federal court was not warranted. Next stop: Trump can appeal that denial to the Second Circuit Court of Appeals.Also to listeners: MSNBC Live Democracy 2024 is now sold out. Thank you for everyone who signed up to join us this weekend. And if you didnât manage to grab a ticket, weâll be posting selections of Saturdayâs conversations as a podcast next week, so keep an eye out for that.
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Sooner than expected, itâs our 100th episode! In the latest event triggered by SCOTUSâ ruling on presidential immunity, special counsel Jack Smith has filed a superseding indictment in the election interference case against former President Donald Trump. So in an extra episode for you this week, former prosecutors Mary McCord and Andrew Weissmann weigh in on whatâs been added and struck from the prosecutionâs allegations, Jack Smithâs strategy, and what this means for the case moving forward.
Read the new superseding indictment and accompanying filing, along with last yearâs original indictment.
Want to listen to this show without ads? Sign up for MSNBC Premium on Apple Podcasts. As a subscriber youâll also be able to get occasional bonus content from this and other shows.
And be sure to grab your tickets for MSNBC Live Democracy 2024 on Sept 7th! Join fellow fans and viewers for an event connecting you with MSNBC's most trusted hosts and experts. Rachel Maddow, Steve Kornacki, Andrew Weissmann and many more. All in one place. All live on stage. All in one day.
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In an attempt to revive the Mar-a-Lago classified documents case thrown out by Judge Aileen Cannon last month, Special Counsel Jack Smith has now filed a brief with the U.S. Court of Appeals, a day early no less. MSNBC legal analysts Andrew Weissmann and Mary McCord discuss Jack Smithâs arguments in the brief asserting that Judge Cannon had wrongfully ruled the special counsel had been appointed illegally. Then, looking ahead at proposals in the January 6 case expected to be filed later this week. And we take some of your listener questions!
Following this recording, it was reported that Jack Smith revised his indictment in the January 6th case to address the Supreme Court's ruling on immunity. A procedural filing is still expected this coming Friday, August 30th.
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As Donald Trumpâs sentencing date approaches, he and his lawyers are throwing all the spaghetti at the wall to see what sticks. MSNBC legal analysts Andrew Weissmann and Mary McCord break down the former presidentâs request to adjourn his sentencing until after the election, and the Manhattan DAâs response. Then, ProPublica reporter Joshua Kaplan joins for a deep dive into his reporting on unlawful American militia groups. Andrew and Mary talk with him about the threat these paramilitary groups pose, how theyâve used Trumpâs denial of the election results for recruitment and spreading their ideology, as well as the dangers of collaboration with law enforcement.
Here is Josh Kaplanâs ProPublica investigation: Armed and Underground: Inside the Turbulent, Secret World of an American Militia. (Included is a response from Meta about the use of Facebook as a recruitment tool.)
Also a note: We're expecting a joint filing in the DC case next Tuesday, so weâll release our episode on Wednesday so Mary and Andrew can detail what's in that filing.
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After Judge Tanya Chutkan raced back to the starting line in former President Trumpâs DC election interference case, Special Counsel Jack Smith asked for a reporting extension to ensure the government can make its case within the new immunity parameters. Veteran prosecutors Andrew Weissmann and Mary McCord analyze the reasons behind this delay, then offer some scheduling updates in Trumpâs other criminal cases in Florida, Georgia and New York. Plus: a look at why Vice President Harris is choosing her words carefully when it comes to her opponentâs ongoing criminal matters.
Want to listen to this show without ads? Sign up for MSNBC Premium on Apple Podcasts. As a subscriber youâll also be able to get occasional bonus content from this and other shows.
And be sure to grab your tickets for Sept 7th: Join fellow fans and viewers for an interactive experience connecting you with MSNBC's most trusted hosts and experts. Rachel Maddow, Steve Kornacki, Jen Psaki, Andrew Weissmann and many more. All in one place. All live on stage. All in one day. https://www.msnbc.com/Democracy2024
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