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The Disjointed Joint Status Report Sep 03, 2024

Show notes

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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The DC Superseder Aug 28, 2024

Show notes

Sooner than expected, it’s our 100th episode! In the latest event triggered by SCOTUS’ 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 what’s been added and struck from the prosecution’s allegations, Jack Smith’s strategy, and what this means for the case moving forward.

Read the new superseding indictment and accompanying filing, along with last year’s original indictment.

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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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Now Playing in the 11th Circuit Aug 27, 2024

Show notes

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 Smith’s 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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Was J6 a Precursor? Aug 20, 2024

Show notes

As Donald Trump’s 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 president’s request to adjourn his sentencing until after the election, and the Manhattan DA’s 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 they’ve used Trump’s denial of the election results for recruitment and spreading their ideology, as well as the dangers of collaboration with law enforcement.

Here is Josh Kaplan’s 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 we’ll release our episode on Wednesday so Mary and Andrew can detail what's in that filing.

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Four Ring Circus Aug 13, 2024

Show notes

After Judge Tanya Chutkan raced back to the starting line in former President Trump’s 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 Trump’s 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 opponent’s ongoing criminal matters.

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.

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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The Ball is Back in Chutkan’s Court Aug 06, 2024

Show notes

Judge Chutkan is not allowing any grass grow under her feet after Trump’s DC election interference case was sent back to her courtroom. MSNBC legal analysts Andrew Weissmann and Mary McCord review her hearing schedule set to begin next week, and offer some detail on her denial of Trump’s motion to dismiss the case on selective and vindictive grounds. Then, the fallout from the Supreme Court’s immunity decision continues to echo, as Trump era DOJ official Jeffrey Clark is the latest to try for proceedings against him to be thrown out based on the High Court’s ruling. And lastly, a peek at Jenna Ellis’ cooperation in the Arizona elector case and some listener questions.

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The Floodgates are Open Jul 30, 2024

Show notes

What aspects of a president’s conduct are considered ‘official acts’? This is a live issue in several of Donald Trump’s criminal cases. Veteran prosecutors Andrew Weissmann and Mary McCord detail Manhattan DA Alvin Bragg’s response brief to Donald Trump’s argument that the immunity ruling should impact his New York verdict. Then, they remind us of Mark Meadows’ indictment in Georgia as part of the RICO conspiracy case. Citing the immunity decision, Meadows has now petitioned the Supreme Court to review the previous 11th Circuit denial to move his case from state to federal court. And lastly, after the High Court’s immunity decision, the DC January 6th case heads back to Judge Tanya Chutkan's courtroom later this week, where briefing will begin to sort through what is considered official, versus personal conduct.

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Live from Highlands, NC: Back to Manhattan Jul 23, 2024

Show notes

On Monday, July 22nd, MSNBC legal analysts Andrew Weissmann and Mary McCord spoke at a live event at the Center for Life Enrichment in Highlands, North Carolina. They touched on President Biden’s historic decision to exit the race, and the legal ramifications it could hold for Trump’s continuing criminal cases. Mary and Andrew also address the question of whether a president can pardon himself, and to what extent. And they detail the reasoning laid out in Trump’s motion to vacate his New York conviction based on the Supreme Court’s decision on presidential immunity, and if any of the arguments hold water.

Note: Listeners can send questions to: ProsecutingTrumpQuestions@nbcuni.com

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An Unsettling Few Days Jul 16, 2024

Show notes

After a traumatic weekend for the nation, MSNBC legal analysts Andrew Weissmann and Mary McCord use their law enforcement expertise to take stock of the alarming assassination attempt of former President Trump. Then, they turn to Monday’s stunning dismissal of Trump’s classified documents case, after Judge Aileen Cannon took a page from Justice Clarence Thomas’ concurrence to view Jack Smith’s appointment as illegal. Andrew and Mary explain what options are available to the Special Counsel in appealing the dismissal.

Further reading: Here is are the U.S. Codes Mary and Andrew referred to:

18 U.S.C. 351- Congressional, Cabinet, and Supreme Court assassination, kidnapping, and assault; penalties
18 U.S.C. 2331 (5) - definition of ‘domestic terrorism’

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Immunity Fallout Jul 09, 2024

Show notes

As last week’s historic Supreme Court decision on presidential immunity continues to be absorbed in the public sphere, the majority’s expansive view of what is considered exempt from prosecution comes into stark relief. Given their unique perspectives, veteran prosecutors Andrew Weissmann and Mary McCord explore the knock-on effects the ruling will have on Donald Trump’s ongoing cases in Florida, New York and D.C.

Note: Listeners can send questions to: ProsecutingTrumpQuestions@nbcuni.com

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