Episodit
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After a quick review of the Georgia Court of Appeals decision disqualifying Fani Willis from Donald Trump’s criminal case based on an appearance of impropriety, MSNBC legal analysts Andrew Weissmann and Mary McCord are joined by NYU Law professor and Dean Emeritus, Trevor Morrison. The discussion revolves around the limits and scope of the presidential pardon power, the legal precedence of a blanket pardon for crimes not yet adjudicated, and whether a president can in fact, pardon himself.
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There’s been significant action in New York as Judge Juan Merchan denied one of Donald Trump’s motions to dismiss his 34-count verdict- this one based on the Supreme Court’s presidential immunity decision. After a noteworthy amount of speed reading several filings, MSNBC legal analysts Andrew Weissmann and Mary McCord break down Merchan’s rationale, highlighting the specifics of his multi-layered legal reasoning. Then, they turn to another fully briefed pending dismissal motion, this one based on the temporary immunity a sitting president is granted while serving.
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Within the 80-page motion filed last week to dismiss Donald Trump’s New York criminal case, there’s a long list of grievances laid out by his legal team. MSNBC legal analysts Andrew Weissmann and Mary McCord underscore some of the substantive arguments as to why a sitting president might find a pending case constricting, reasoning that there are aspects that could interfere with effective functioning of the presidency. But they also illuminate how these merits are buried deep within pages of hyperbole of alleged unfairness to the president-elect, prompting Andrew to ask, in terms of the facts, “Where’s the beef?” Then they turn to some analysis of a letter written by incoming Senate Judiciary Chair Chuck Grassley, which calls out current FBI Director Christopher Wray with a personal vote of no confidence.
Want to listen to this show without ads? Sign up for MSNBC Premium on Apple Podcasts. This week, you’ll find a Premium episode from Andrew and Mary highlighting the national security apparatus and why Trump’s nominees for these top posts matter.
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In person together at 30 Rock, veteran prosecutors Andrew Weissmann and Mary McCord use their combined expertise in FBI and Justice Department standards to lay plain how far outside the norm the incoming president is aiming, by flouting a congressionally mandated 10-year appointment of an FBI Director and naming loyalist Kash Patel to replace Christopher Wray. Then, they take a beat to reflect on President Biden’s unexpected pardon of his son Hunter and remind listeners of several active January 6th civil cases brought against Donald Trump that may provide the only litigation of his actions after the 2020 election. Also, on Monday, Trump’s brief was due in New York as to why his case should be dismissed based on the immunity of a sitting president. At the time of this recording, it had not yet hit the docket, but Andrew and Mary review the stakes and Judge Merchan’s denial of delaying the filing.
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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 “folded” in any way. Then, they head to New York to break down the nuance of Judge Merchan’s decision to postpone Trump’s 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 Smith’s request to dismiss that appeal without prejudice.
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Even after the New York DA’s position with respect to a dismissal of Donald Trump’s 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 insider’s 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 ‘nerd out’ 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 Senate’s 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 you’ll 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 Hayes’ podcast “Why Is This Happening?”. 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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There's a lot to unpack around Donald Trump’s 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 Trump’s 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 Trump’s 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 Trump’s 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 doesn’t 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 doesn’t 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 ‘red mirage’ followed by a ‘blue shift’ 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 “Stop the Count” Scheme
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There’s been a flood of activity recently in Judge Tanya Chutkan’s 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 Trump’s defense team. MSNBC legal analysts Mary McCord and Andrew Weissmann shed some light on the judge’s decisions and detail the release of the Special Counsel’s heavily redacted appendix, which was unsealed last Friday. Also in the hopper: an explainer on Jack Smith's response to a renewed motion from Trump’s 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 Smith’s redacted source documents that helped frame his already public immunity briefing. But she also agreed to stay that release until October 17th, as Trump’s 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 who’ve been publicly decrying the release of the government’s immunity briefing, by pointing out that the DOJ’s “60-day rule” 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, we’re resharing our 2020 series “Kamala: Next in Line,” 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. You’ll find the series in the How to Win feed.
Plus, as a subscriber, you’ll 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 Trump’s 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 Trump’s continued assertion that this is “election interference.” Then, they review another motion to dismiss brought by Trump’s 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 Smith’s 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 Trump’s appeal of his New York civil fraud judgement. And a few other headlines grabbed Andrew and Mary’s 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: “‘When the President Does It, that Means It’s Not Illegal’: The Supreme Court’s Unprecedented Immunity Decision”, 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 Court’s immunity decision. Then, they review the flurry of filings in Trump’s DC election interference case, where Jack Smith’s 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 Mary’s 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 you’ll 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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We’re 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 couldn’t join us in person, you’re in luck – we’re 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 O’Donnell 1:13:13-1:45:45
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There was a lot of movement late last week in Donald Trump’s ongoing criminal cases in DC and New York, but with very different results. Veteran prosecutors Andrew Weissmann and Mary McCord review last Thursday’s status hearing in Trump’s DC election interference case and break down the new deadlines set in Judge Chutkan’s scheduling order. Then, they dig into the nuance of Judge Merchan’s decision to push back the date of Trump’s sentencing, as well as delaying his ruling on how immunity applies to the case until after the November election. And before winding up today’s episode, Mary and Andrew give their uniquely informed take on the DOJ’s actions regarding Russian efforts to interfere and influence the 2024 election.
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Last Friday’s joint filing in the DC election interference case before Judge Chutkan highlighted the deep chasm between Special Counsel Jack Smith and Trump’s 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 Trump’s 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 didn’t manage to grab a ticket, we’ll be posting selections of Saturday’s conversations as a podcast next week, so keep an eye out for that.
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