Prosecuting Donald Trump

Reports and Recess Nov 20, 2024

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.

Aftershocks Nov 12, 2024

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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Not Prosecuting Donald Trump Nov 08, 2024

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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Voting Matters Nov 04, 2024

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.

Election Stakes Oct 28, 2024

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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Brady and a Bunch More Oct 22, 2024

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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Stays and Delays Oct 15, 2024

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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Listen to “Kamala: Next in Line” Oct 09, 2024

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!

Office Seeker vs. Office Holder Oct 08, 2024

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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Redactions and Reactions Oct 01, 2024

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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Ms. McCord Goes to Washington Sep 25, 2024

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 Enemies

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Election Security Matters Sep 18, 2024

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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MSNBC Live: Democracy 2024 Sep 11, 2024

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 0:01:30-0:31:23

Chris 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

A Tale of Two Courtrooms Sep 10, 2024

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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The Disjointed Joint Status Report Sep 03, 2024

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.

The DC Superseder Aug 28, 2024

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.

Now Playing in the 11th Circuit Aug 27, 2024

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.

Was J6 a Precursor? Aug 20, 2024

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.

Four Ring Circus Aug 13, 2024

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

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

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.

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

The Floodgates are Open Jul 30, 2024

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.

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

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

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

An Unsettling Few Days Jul 16, 2024

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’

Immunity Fallout Jul 09, 2024

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

‘Textual Backflips’ Jul 02, 2024

As the fallout from the momentous Supreme Court decision on presidential immunity continues to reverberate, MSNBC legal analysts Andrew Weissmann and Mary McCord offer some updates, then turn to another significant ruling from the High Court out on Friday: Fisher v. U.S. At issue was whether the charge of obstruction of an official proceeding could be applied to Capitol rioters in the wake of their actions on January 6th. Despite the ruling in favor of the defendant, their guest Ryan Goodman of Just Security confirms the limited impact this decision will have on those charged for their role in the chaos of January 6th, and on Donald Trump’s election interference case in D.C.

Further reading: Here is the analysis Ryan, Mary and Andrew wrote regarding the Fischer decision for Just Security:The Limited Effects of Fischer: DOJ Data Reveals Supreme Court’s Narrowing of Jan. 6th Obstruction Charges Will Have Minimal Impact.

The Immunity Decision Jul 02, 2024

The consequential question before the Supreme Court on the limit and scope of presidential immunity has been decided, in three essential buckets. Veteran prosecutors Andrew Weissmann and Mary McCord decipher the ramifications for the former president, for the January 6th case brought by Special Counsel Jack Smith, and for the broad constitutional authority of the presidency itself. And they are joined by Trevor Morrison, NYU law professor and Dean Emeritus, to discern the finer points of the decision and the warnings cast in dissents by both Justice Sotomayor and Justice Jackson.

‘A Dessert Topping and a Floor Wax’ Jun 25, 2024

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 Jun 18, 2024

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 Jun 11, 2024

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

The Disinformation Campaign Jun 04, 2024

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 Jun 03, 2024

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.

“We Have a Verdict” May 31, 2024

Donald J. Trump, the former president and presumptive 2024 Republican nominee, was found guilty on 34 felony counts of falsifying business records. Veteran prosecutors Andrew Weissmann and Mary McCord reflect on the gravity of the verdict and offer insights into what comes next in terms of sentencing and the appeals process.

In Closing May 29, 2024

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" May 24, 2024

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 May 21, 2024

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.

How do you Solve a Problem like Michael Cohen? May 17, 2024

A recurring theme in Michael Cohen’s testimony this week was his evolving moral compass. Analyzing the last day of direct examination, veteran prosecutors Andrew Weissmann and Mary McCord draw out some distinctions to be mindful of, and what the intense cross examination from defense attorney Todd Blanche was alluding to. In their estimation, the state will need to address Cohen’s inconsistencies in redirect and closing arguments. Lastly, Andrew and Mary sum up what to expect next week as the trial likely moves to summations.

'For the Benefit of Mr. Trump' May 15, 2024

With Michael Cohen testifying in the New York criminal trial this week, MSNBC legal analysts Andrew Weissmann and Mary McCord take stock of the style and the substance of the assertions made by Trump’s former lawyer and ‘fixer’. Andrew was in the courtroom for the first day of Michael Cohen’s testimony and shares some first-person impressions as the prosecution continues to lay out the case. And he and Mary answer some listener questions on absent witnesses and the Speedy Trial Act.

It's Not About Sex May 10, 2024

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.

Exhibits 35 and 36 May 07, 2024

As witness testimony continues today with Stormy Daniels in Donald Trump’s New York criminal trial, jurors also recently heard from former Trump advisor Hope Hicks and longtime Trump Organization controller Jeff McConney. After trading some testimony takeaways, veteran prosecutors Andrew Weissmann and Mary McCord get nerdy on the significance of exhibits 35 and 36. Plus, Judge Merchan gives a sober warning to Mr. Trump as he rules on another gag order violation. And an update on the Florida classified documents case.

For further reading: Here are exhibits 35 and 36 that Andrew and Mary refer to in this episode.

Color From the Courtroom May 04, 2024

As week three of Donald Trump’s criminal trial wraps up in New York, Andrew Weissmann paints a first-hand picture of the scene—both outside and inside the courtroom — after attending on Thursday. Then, he and fellow MSNBC legal analyst Mary McCord recount the gist of Keith Davidson’s testimony and cross-examination. And Andrew and Mary answer listener questions about the trial.

For further reading: Here is the decision Andrew referenced of a 2020 order granting attorney fees between Stephanie Clifford and Donald J Trump. As he noted, page 20 is relevant.

It’s Only Tuesday Apr 30, 2024

Donald Trump’s New York criminal trial is back in session Tuesday, as Judge Merchan fines Trump $9000 for gag order violations. Last week, David Pecker wrapped up his testimony, detailing the catch and kill scheme, and jurors also heard from Trump’s assistant, Rhona Graff, and bank executive Gary Farro. After examining the art of cross-examination, veteran prosecutors Andrew Weissmann and Mary McCord note the options available to Judge Merchan as he hears a second set of alleged gag order violations this Thursday. Plus: what Walt Nauta’s grand jury testimony indicates in the Florida documents case.

For further reading: here is Judge Merchan’s decision on the first set of gag order motions.

The Presidency Before the Supreme Court Apr 26, 2024

Yesterday, the Supreme Court heard arguments over Donald Trump’s claim of presidential immunity, which will have implications beyond whether he is shielded from criminal prosecution in the January 6th case. MSNBC legal analysts Andrew Weissmann and Mary McCord go deep on what arguments to pay attention to. This, as the New York trial wraps up a week of testimony from former AMI CEO David Pecker. And an analysis of the latest indictment related to election interference in the 2020 election, this time from Arizona.

Live Coverage: Supreme Court Hears Trump’s Immunity Claim Apr 25, 2024

Donald Trump’s lawyers argue before the Supreme Court that he should be granted immunity for his efforts to overturn the 2020 election results. Hear every word of the oral arguments in a case with potentially huge implications for Trump, the 2024 election and the nation’s rule of law.

Opening Statements Apr 23, 2024

This week, Donald Trump’s New York criminal trial began in earnest with opening statements and testimony from former AMI CEO, David Pecker. MSNBC legal analysts Andrew Weissmann and Mary McCord break down the essence of the openings from both sides and how the statements will illuminate aspects of the trial in the coming weeks. Plus, Judge Merchan admonished the defense in Tuesday morning’s gag order hearing, saying that they were ‘losing all credibility’, but reserving a decision on the issue. For now. And looking ahead, Andrew and Mary weigh in on the questions they hope to hear in Thursday’s oral arguments before the Supreme Court to decide whether Donald Trump’s presidential immunity claim holds water.

For further reading: here is the article Andrew wrote with his colleague Ryan Goodman in Just Security Questions the Supreme Court Should Ask at Thursday’s Oral Argument on Presidential Immunity

And a sincere thanks to all our listeners for voting in the Webby Awards! Prosecuting Donald Trump won the 2024 Webby Awards for both the Crime & Justice podcast category and was the Crime & Justice People's Voice winner.

The Jury Is Seated, with Readings from Robert De Niro and Glenn Close Apr 19, 2024

The twelve-person jury has been seated in the New York criminal case against Donald Trump. MSNBC legal analysts Andrew Weissmann and Mary McCord detail the latest alleged gag order violations and give insights into the jury selection process. Then, they analyze District Attorney Alvin Bragg’s own words, through his Statement of Facts submitted in the State of New York against Donald J Trump, with excerpts read by acclaimed actors Glenn Close and Robert De Niro.

In a Manhattan Courtroom Apr 16, 2024

On Monday, jury selection began in what is the first and potentially only criminal trial former President Trump may face before the November election. Veteran prosecutors Andrew Weissmann and Mary McCord detail the jury selection process and what to track about the motions being filed, including one to hold Trump in contempt for violating a gag order. And they look at arguments before the Supreme Court in the Fischer case, in which a January 6th rioter is challenging a lower court ruling that he obstructed an official proceeding.

A very special thanks to renowned actor Robert De Niro for reading an excerpt from the New York criminal indictment. You’ll hear his voice throughout the trial as relevant portions of these documents arise.

Also, a reminder that Prosecuting Donald Trump and Into America have been nominated for Webby Awards! And MSNBC needs your help to win. Voting is open until April 18th. Check out vote.webbyawards.com to vote for both shows.

Live Coverage: New York v. Donald Trump Apr 16, 2024

After the first day of jury selection in the New York criminal case before Judge Juan Merchan, Ari Melber leads special coverage on what’s at stake and what to expect in the coming weeks. This is the first-ever criminal trial of a former president, and to break down the historic significance, Ari is joined by Rachel Maddow, Andrew Weissmann, and other special guests. Listen to the full coverage here.

BONUS: The Stakes of Immigration with Aaron Reichlin-Melnick Apr 09, 2024

As a bonus for listeners, we’re sharing the first episode of a special series from “Why Is This Happening? The Chris Hayes Podcast,” called “WITHpod 2024: The Stakes.” For the first time since 1892, we have an election in which both candidates have presidential records. It’s a unique chance to take a hard look at what both Joe Biden and Donald Trump have actually done as president. Chris Hayes talks to experts about both candidates’ records on specific policy areas. This week, Aaron Reichlin-Melnick, policy director at the American Immigration Council, joins to unpack immigration policies under Trump vs. Biden, the state of the asylum system, and more. Follow and listen to the whole series: https://link.chtbl.com/withpod_tsfd

History in the Making Apr 09, 2024

Donald Trump is on the precipice of his New York criminal trial, a historical first for a former president. Veteran prosecutors Andrew Weissmann and Mary McCord give a primer on the who, what, when, where and why of Manhattan District Attorney Alvin Bragg’s case, as both sides prep for jury selection. Then they head to Florida, where tensions are elevated between Special Counsel Jack Smith and Judge Aileen Cannon over jury instructions and Judge Cannon’s handling of that case.

For further reading, as Andrew and Mary mentioned in this episode, here are United States District Judge Royce Lamberth’s Notes for Sentencing for a defendant named Taylor James Johnatakis. Johnatakis was sentenced to 87 months for his role in the January 6th attack on the Capitol.

Also, a reminder that Prosecuting Donald Trump and Into America have been nominated for Webby Awards! And MSNBC needs your help to win. Check out vote.webbyawards.com to vote for both shows.

The Fair Administration of Justice Apr 02, 2024

With the New York trial looming, veteran prosecutors Andrew Weissmann and Mary McCord set the table for what to expect: anticipating more delay tactics from Trump’s legal team, and the importance of Judge Merchan’s gag order reinforcement and clarification. They also look at several bar hearings held to decide whether John Eastman and Jeffrey Clark, among others, should lose their law licenses after their efforts to subvert the 2020 election results.

For further reading, here is the Just Security article Andrew referenced in this episode: Trump’s Promise to Free Jan. 6 Inmates in DC Jail — Almost All of Them Assaulted Law Enforcement Officers.

Also, some exciting news! Prosecuting Donald Trump and Into America have been nominated for Webby Awards! And MSNBC needs your help to win. Check out vote.webbyawards.com to vote for both shows.

Ups and Downs in New York Mar 26, 2024

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.

The Trump Indictments, read by Peter Coyote and Renée Elise Goldsberry Mar 22, 2024

Veteran federal prosecutor Andrew Weissmann welcomes back his colleague and co-author Melissa Murray for the second in this special two-part series of Prosecuting Donald Trump. Their book: The Trump Indictments: The Historic Charging Documents with Commentary, collects the four unprecedented indictments against Donald Trump and features extensive commentary from the co-authors.

Andrew and Melissa share some takeaways from the Florida classified documents case brought by Special Counsel Jack Smith and the Georgia election interference case brought by Fulton County District Attorney Fani Willis. Both are criminal indictments facing the former president.

This episode also features excerpts from these two indictments, read by renowned actors Peter Coyote and Renée Elise Goldsberry.

The Trump Indictments, read by Glenn Close and Liam Neeson Mar 21, 2024

Veteran federal prosecutor Andrew Weissmann welcomes his colleague and co-author Melissa Murray for a special two-part episode of Prosecuting Donald Trump. Their new book: The Trump Indictments: The Historic Charging Documents with Commentary, collects the four unprecedented indictments against Donald Trump and features extensive footnotes, commentary and a cast of characters from the co-authors.

In this first episode, Andrew and Melissa listen to audio of the indictments as recorded by acclaimed actors Glenn Close and Liam Neeson. Andrew and Melissa share insights from two of the four criminal indictments facing the former president: the DC election interference case brought by Special Counsel Jack Smith, and the New York case against Donald Trump, brought by Manhattan District Attorney Alvin Bragg.

Two Steps Forward, One Step Back Mar 20, 2024

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.

Live Coverage: The Trump Indictments Mar 16, 2024

Tonight on MSNBC’s one hour special on “The Trump Indictments:” MSNBC Legal Analysts Andrew Weissmann and Melissa Murray cover the latest developments in Donald Trump's criminal cases and reflect on whether the American justice system has so far proven it can meet the challenge of Donald Trump’s attempts to destroy democracy. Also, Rep. Jaime Raskin explains the anti-democratic tactics Trump and Republicans are using to influence the 2024 election. Plus, MSNBC’s Chris Hayes weighs in on the media's role in the event that the voters get to render a verdict on Donald Trump before a jury does. Also joining the conversation: Melissa Redmon, Amy Lee Copeland, Leah Litman and Kate Shaw.

Immunity Take Two... and Three Mar 12, 2024

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.

Troupis, Chesebro & Trump Mar 06, 2024

After the settlement in Wisconsin over the fraudulent electors scheme, veteran prosecutors Andrew Weissmann and Mary McCord analyze the importance of what came to light as a result of the litigation against James Troupis, Kenneth Chesebro and 10 ‘alternate’ electors. Mary was part of the team arguing the case and gives expansive context to the ongoing efforts to overturn the 2020 election. They then turn to the Supreme Court’s decision on the Colorado ballot issue, and why, despite a unanimous vote, there may be dissension in the ranks. And they wrap up with a look at the timing of the Florida documents case and Trump’s former CFO Allen Weisselberg’s guilty plea on federal perjury charges.

Justice Delayed Feb 29, 2024

The Supreme Court of the United States announced Wednesday that they'll take up former President Donald Trump’s claims for immunity, throwing yet another delay into Trump’s DC trial. Veteran prosecutors Mary McCord and Andrew Weissmann explain the High Court’s order, what options the justices have, and what Special Counsel Jack Smith can do to get to trial before the election.

A Flurry of Motions Feb 28, 2024

The nation continues to watch for a decision from the Supreme Court on both the Colorado ballot issue and Trump’s presidential immunity claim. In the meantime, MSNBC legal analysts Andrew Weissmann and Mary McCord detail the flurry of motions filed by Trump’s lawyers in the Florida classified documents case in an effort to have the case thrown out. This, as Manhattan District Attorney Alvin Bragg filed his own motions, including asking for a partial gag to keep the former president from talking about witnesses, potential jurors and court staff. Plus: Andrew and Mary catch up on dual decisions from Judge Engoron and Judge Kaplan denying Trump a stay of judgement in his civil trials, meaning he’s got 30 days to pay, or the plaintiffs can start seizing assets.

Half a Billion and Counting Feb 21, 2024

Court watchers are closely monitoring two decisions from the Supreme Court: a ruling on Trump’s motion to stay the decision on immunity from the DC Circuit and whether the former president is disqualified from appearing on Colorado primary ballot. MSNBC legal analysts Andrew Weissmann and Mary McCord detail what to watch for there, and review Judge Engoron’s nearly $450 million decision in the civil fraud case. Plus: takeaways from the testimony of Fani Willis and Nathan Wade late last week.

BONUS: Alex Wagner Tonight with Rachel Maddow and Lawrence O'Donnell Feb 17, 2024

Judge Arthur Engoron has fined Donald Trump more than $350 million in damages in the former president's civil fraud case. Trump is also barred him from running businesses in New York for three years. Trump said on Friday that he would appeal the decision. Rachel Maddow and Lawrence O'Donnell join for a special episode of Alex Wagner Tonight to discuss the ruling. For more coverage, visit msnbc.com.

Last Call for Immunity Feb 13, 2024

In a last-ditch effort for total immunity, former President Donald Trump asked the Supreme Court to pause proceedings in the DC election subversion case while the high court decides whether to take up his appeal. MSNBC legal analysts Andrew Weissmann and Mary McCord discuss the merits of Trump’s arguments and how the court may proceed. They also weigh in on the latest out of Judge Cannon’s Florida courtroom, as a flurry of activity is happening in the classified documents case.

A Momentous Day Feb 09, 2024

Veteran prosecutors Andrew Weissmann and Mary McCord gather for an additional episode this week to share their insights and takeaways from Thursday’s oral arguments before the Supreme Court. At issue: whether former President Trump can be barred from Colorado’s Republican primary ballot due to the 14th Amendment’s insurrection clause. Then, a review of Special Counsel Robert Hur’s report on the classified documents found in President Biden’s possession, and why, despite no charges filed against him, the report may be damaging.

BONUS: SCOTUS Hears Colorado Ballot Issue Feb 08, 2024

The Supreme Court heard arguments today in the unprecedented case that could threaten former President Donald Trump’s eligibility to appear on the primary ballot in Colorado. Listen to the full hearing here.

Citizen Trump Feb 07, 2024

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.

Facts Still Matter Jan 30, 2024

The clock is ticking as the country awaits some significant legal decisions in the coming days and weeks: when will Special Counsel Hur release his long-awaited report on President Biden’s handling of classified documents? How will Judge Engoron rule in the New York civil fraud case? And what will the DC Circuit decide when it comes to presidential immunity? MSNBC legal analysts Andrew Weissmann and Mary McCord review these questions and what to glean from the E. Jean Carroll verdict and the damages awarded. Plus: a veteran federal judge issues a sharp rebuke of those who are trying to re-write the history of the January 6th attacks.

Note: this episode contains a graphic description of sexual assault.

The Truman Precedent Jan 23, 2024

The second defamation trial brought by writer E. Jean Carroll began last week and brought with it outbursts inside and outside the courtroom from the former president. MSNBC legal analyst Andrew Weissmann was in the courtroom last Thursday. He and co-host, veteran prosecutor Mary McCord, break down this case and what they’re watching for as they await a decision on the presidential immunity claim from the DC Circuit. Also on deck: Andrew and Mary’s take on Trump’s rhetoric that President Truman needed total immunity from prosecution to use the A-bomb, and so does he.

Lies in the Courtroom Jan 17, 2024

The second defamation trial brought by writer E. Jean Carroll began today just hours after Trump won big in the Iowa Caucuses. All this happening days after Trump lashed out at the judge during closing arguments in the New York civil fraud case. MSNBC legal analysts Andrew Weissmann and Mary McCord break down the latest developments and what they’re watching for as they await a decision on the presidential immunity claim from the DC Circuit.

If the President Does It... Jan 10, 2024

Today, the DC Circuit heard oral arguments from Trump’s lawyers and Special Counsel Jack Smith’s team over a crucial question: does presidential immunity protect Trump from prosecution for anything he did or actions he took while in office? Veteran prosecutors Andrew Weissmann and Mary McCord review the arguments and the pushback from the three-judge panel. Plus, a look at the Supreme Court deciding to hear the Colorado ballot issue, and what else is on Andrew and Mary’s prosecutorial radar.

BONUS: The Full Presidential Immunity Hearing Jan 09, 2024

Former President Donald Trump appeared in federal court Tuesday morning as his lawyers argued that he is immune from prosecution on charges to overturn the 2020 election. Listen to the full hearing here.

The Supreme Court Takes Center Stage Jan 02, 2024

In late December, the Supreme Court declined Special Counsel Jack’s Smiths request to hear whether Trump is immune from prosecution in the 2020 election subversion criminal case – at least, for now. Meanwhile, several states are reviewing Trump’s ballot eligibility under Section 3 of the 14th Amendment. MSNBC legal analysts Andrew Weissmann and Mary McCord dig into the latest updates in their first episode of 2024.

You've Got Mailbag Dec 25, 2023

At the end of every episode of Prosecuting Donald Trump, we ask you to submit your questions and today, we finally have a chance to answer some of them. As we’re all reflecting on the year ahead, Andrew Weissmann and Mary McCord answer your questions about 2023’s legal landscape and what’s to come in 2024.

Disqualified in Colorado Dec 20, 2023

For the first time in history, the 14th Amendment has been used to disqualify a presidential candidate from running for office. In this special breaking news episode, MSNBC legal analysts Andrew Weissmann and Mary McCord react to the Colorado Supreme Court’s decision to disqualify former president Donald Trump from the state’s 2024 presidential ballot under the Constitution's insurrection clause. Andrew and Mary discuss what the court’s decision means and the potential fallout. Note: Trump’s legal team intends to appeal the decision.

$148 million Dec 19, 2023

A federal jury in Georgia ordered Rudy Giuliani to pay $148 million in damages to two election workers who sued him for defamation. Can ‘America’s Mayor’ survive a penalty of that size? Michael Gottlieb, the lawyer representing the election workers, joins MSNBC legal analysts Andrew Weissmann and Mary McCord to break down the jury’s decision. Plus, Andrew and Mary discuss former president Trump’s immunity appeal in the DC case, including why the federal judge overseeing the case agreed to pause all proceedings.

DC Drama Dec 12, 2023

Former president Donald Trump renewed his efforts to delay the DC election subversion case by asking for a halt in all proceedings while his appeal on presidential immunity moves through the courts. Meanwhile, Special Counsel Jack Smith is pushing to keep the trial on schedule by bringing the issue before the Supreme Court. MSNBC legal analysts Andrew Weissmann and Mary McCord break down Smith’s strategy and what this could mean for the former president’s other criminal cases. Plus, they discuss news out of Wisconsin where ten fake Donald Trump electors settled a civil lawsuit admitting their actions were part of an effort to overturn the 2020 election.

Immunity Denied Dec 04, 2023

In what could be his most consequential legal defeat yet, a federal judge rejects Donald Trump’s claims of presidential immunity in his 2020 election case. MSNBC legal analysts Andrew Weissmann and Mary McCord break down what this – and a similar ruling in a parallel civil case --could mean for the ex-president. Plus, they'll talk GA where Trump’s lawyers say he shouldn’t be tried until 2029 if he wins next year’s election.

Trump's Thanksgiving Threats Nov 28, 2023

Donald Trump’s Thanksgiving threats take center stage as judges in NY and DC decide whether to reinstate his two gag orders. Plus, we’ll dig deeper into Trump’s charade of victimhood as he tries to get his federal election case in DC dismissed. All this, as Andrew and Mary celebrate 50 episodes of the pod!

Foreseeable Consequences Nov 21, 2023

Donald Trump’s team and the U.S. government squared off in a DC appeals court over his latest attempt to undo a gag order issued against him in his federal election subversion case. MSNBC legal analysts Andrew Weissmann and Mary McCord break down Trump’s claims and which way they think the three-judge panel is leaning. Plus, a judgein Colorado denies a motion to keep Trump off the ballot there in 2024 – but why some say the ruling is still a bad one for the former president.

Trump’s D.C. Gag Order Hearing Nov 20, 2023

For nearly 2 ½ hours a three-judge panel grilled Donald Trump’s team and the U.S. government over whether a gag order imposed on the former president in his federal election subversion case unfairly limits his speech. Listen to the entire thing here.

Cannon, Cameras and Accountants Nov 13, 2023

Donald Trump Jr was back on the witness stand on Monday testifying as the defense’s first witness in the New York civil fraud trial. Meanwhile, Trump’s trial in the Florida classified documents case remains on schedule for now, but with a caveat his team claims as a victory. And a group of media outlets is pushing for cameras in the courtroom in the DC trial. (Note: separate from that motion, NBCUniversal has submitted its own independent motion to broadcast the trial.) MSNBC legal analysts Andrew Weissmann and Mary McCord tell you what you need to know.

Trump's Tumultuous Testimony Nov 07, 2023

Donald Trump took the witness stand Monday in the biggest moment of his civil and criminal trials thus far. MSNBC legal analysts Andrew Weissmann and Mary McCord dig into some of his big admissions and how badly he may have hurt himself. Plus, we’ll get into the former president’s latest efforts to delay his federal trials and the new criticism facing Judge Aileen Cannon in the FL documents case.

BONUS: How to West Win Nov 03, 2023

In a special episode of How to Win 2024, Andrew Weissmann joins Jennifer Palmieri and the West Wing’s Bradley Whitford to break down what Donald Trump’s hellish legal week could mean for the presidential race. Jen and Bradley also dive into the week’s 2024 winners and losers – including how a surprise primary challenge against President Biden could play out.

Of Presidents & Kings Oct 30, 2023

A hugely consequential week ahead for Donald Trump as a trial in CO begins to determine if he’s eligible to be president again after Jan. 6th. Plus, he and his 3 oldest kids get set to testify over the next week in the NY fraud trial that threatens their business empire. Plus, the former dean of NYU Law School, Trevor Morrison, joins Andrew & Mary for an in-depth look at Trump’s attempt to dismiss the DC election interference case against him over claims of presidential immunity.

Domino Effect Oct 25, 2023

In this emergency episode, MSNBC legal analysts Andrew Weissmann and Mary McCord dig into the explosive development that Mark Meadows was reportedly granted an immunity deal in the federal election case – and what it could mean for Donald Trump. Plus, another ex-Trump lawyer pleads guilty in GA and pledges her full cooperation -- on the same day Michael Cohen lobs bombshell after bombshell from the witness stand in Trump’s NY civil fraud trial.

Trump’s New Legal Peril Oct 23, 2023

Donald Trump raising some eyebrows after claiming Sidney Powell was never his attorney. MSNBC legal analysts Andrew Weissmann and Mary McCord dig into what that could mean for his defense. Plus, Trump’s fraud trial resumes in NY this week after the judge threatened to throw him in jail the next time he violates a partial gag order.

D.C. Gag Order Oct 18, 2023

A federal judge has barred Donald Trump from attacking witnesses, prosecutors and court staff in his D.C. election interference trial. This is the second protective order issued against the former president in just two weeks. MSNBC legal analysts Andrew Weissmann and Mary McCord dig into that -- plus, why everyone should be keeping a close eye on the GA trial for two of Trump’s co-defendants.

Submarine Secrets Oct 09, 2023

Bombshell new reporting alleges that Donald Trump revealed sensitive information about U.S. nuclear submarines to a member of his Mar-a-Lago club. So why hasn’t Jack Smith charged him with that – and can it be brought into the case now? MSNBC legal analysts Andrew Weissmann and Mary McCord dig into that and some other big developments in the DC election case.

Live at NYU! Oct 05, 2023

We’re live at NYU Law School! MSNBC legal analysts Andrew Weissmann and Mary McCord are joined by special guest and former dean of NYU Law Trevor Morrison. They discuss Trump’s new gag order, presidential immunity and take questions from the audience.

Family Fraud on Trial Oct 04, 2023

Donald Trump is in court this week for the civil fraud trial that could threaten his business empire. MSNBC legal analysts Andrew Weissmann and Mary McCord dig into what exactly is at stake for Trump and how his attacks on the NY attorney general and judge could impact his other cases.

BONUS: How to Win 2024: The “Kiddie Table” Debate Sep 29, 2023

Debate guru Ron Klain joins Claire McCaskill and Jennifer Palmieri on their new podcast “How to Win 2024” to discuss the winners and losers of the 2nd GOP debate and what it could mean for President Biden’s re-election campaign. Plus, the House Republicans’ impeachment effort that voters want nothing to do with. Listen each week and click here to follow the show.

BONUS: Chris Hayes interviews Andrew Weissmann & Mary McCord Sep 27, 2023

Andrew Weissmann and Mary McCord join MSNBC host Chris Hayes for the first stop on his “Why Is This Happening?” podcast tour at the Texas Tribune Festival in Austin. They dig into the latest on the cases against Donald Trump, including their predictions about whether the ex-president will be convicted of any crimes before Election Day 2024.

Political Violence Sep 27, 2023

A new filing from Donald Trump’s legal team slams Jack Smith’s request for a partial protective order, claiming it would infringe on the ex-president’s right to free speech. But many are drawing a direct connection between Trump’s incendiary rhetoric and an increase in political violence against his opponents. MSNBC legal analysts Andrew Weissmann and Mary McCord break down how the courts may move forward.

Removal, Recusal and Restrictions Sep 18, 2023

Things are getting heated in D.C., where Donald Trump is blasting Special Counsel Jack Smith’s request to restrict his public comments on the federal election fraud case. MSNBC legal analysts Andrew Weissmann and Mary McCord dig into Judge Chutkan’s options, plus Trump’s effort to get that judge to recuse herself. They’ll also break down the latest in GA where yet another Trump co-defendant is trying to get his case moved to federal court.

BONUS: Live from the 92nd Street Y Sep 15, 2023

We’re live at the 92nd Street Y in NYC! MSNBC host Nicolle Wallace sits down with Andrew Weissmann and Mary McCord to talk about all of the latest legal developments in Trumpworld. She also asks Andrew and Mary some personal questions about their time at the DOJ, including what it was like to be there for the transition between the Obama and Trump administrations -- and we take questions from the audience in this very special live episode.

Note: Some parts of the conversation have been edited

Georgia in the Spotlight Sep 12, 2023

We now know a special grand jury in Georgia recommended charging 37 Trump allies in the election interference case, but D.A. Fani Willis only indicted 19. Why weren’t the others charged? Plus, a judge rejects Mark Meadows’ attempt to move his case from state to federal court. What could this mean for Trump’s potential removal request? MSNBC legal analysts Andrew Weissmann and Mary McCord break down the latest developments.

Live at Georgetown Law! Sep 07, 2023

We’re live at Georgetown Law! Wednesday was supposed to be arraignment day in GA’s election racketeering case, but Donald Trump and his 18 co-defendants waived their right to an in-person arraignment and pleaded not guilty. But there was plenty more activity in Fulton County. MSNBC legal analysts Andrew Weissmann and Mary McCord break it all down and take questions from the audience in this special episode.

First Up: The DC Trial Aug 29, 2023

A trial date has been set in the DC election interference case against Donald Trump. Meanwhile, Trump’s former White House chief of staff Mark Meadows took the stand in GA in an effort to move his case from state to federal court. MSNBC legal analysts Andrew Weissmann and Mary McCord break down what happened inside those courtrooms and how the dual hearings may set the stage for what’s to come.

Awaiting Trump’s GA Surrender Aug 22, 2023

Donald Trump will surrender at an Atlanta jail this week after being indicted for election interference in GA. MSNBC legal analysts Andrew Weissmann and Mary McCord break down the bond order, Trump’s recent threats -- and whether he may have disqualified himself from ever being president again.

The GA Indictment Read by Ali Velshi: Part 2 Aug 16, 2023

MSNBC host Ali Velshi reads the second and final part of the 41-count GA indictment that accuses Donald Trump and 18 of his allies with being part of a “criminal enterprise” to overturn the 2020 election there. This part covers charges of conspiracy to commit election fraud, influencing witnesses, impersonating a public officer, perjury and much more.

The GA Indictment Read by Ali Velshi: Part 1 Aug 16, 2023

Donald Trump and his allies have been charged with felony racketeering and numerous conspiracy charges in GA. MSNBC host Ali Velshi reads the first part of the 41-count indictment that accuses them of being part of a “criminal enterprise” to overturn the 2020 election there.

The GA Indictment Aug 16, 2023

A stunning set of charges handed down in GA, accusing Donald Trump and 18 others of being part of a “criminal enterprise” to overturn the 2020 election there. MSNBC legal analysts Andrew Weissmann and Mary McCord break down the racketeering and conspiracy charges which are not pardonable by any president -- and tell us what we can expect over the next 10 days as defendants turn themselves in.

BONUS: MSNBC Special with Ari Melber, Andrew Weissmann & Mary McCord Aug 14, 2023

Veteran prosecutors Andrew Weissmann and Mary McCord join MSNBC’s Ari Melber for a Prosecuting Donald Trump TV special. They dissect the latest indictments facing the former president, what we could see at trial and whether Trump and democracy can co-exist as he once again runs for president.

A Protective Order Aug 07, 2023

In the days following Donald Trump’s third indictment, the former president and his legal team spent the weekend unleashing defenses across social media and major news networks. This, along with the former president’s record of revealing private information, led prosecutors to seek a protective order from Judge Chutkan. MSNBC legal analysts Andrew Weissmann and Mary McCord break down some of the defense’s claims and how this could impact the case at large.

Charges to Overturn an Election Aug 02, 2023

Donald Trump has been indicted for a third time, twice now at the federal level. Jack Smith’s indictment lays out the chilling details of his alleged plot to overturn the 2020 election. MSNBC legal analysts Andrew Weissmann and Mary McCord explain why this is the most serious indictment yet for Trump, what we know about the judge in the case and whether any of the unindicted co-conspirators could be cooperating.

The 2020 Election Indictment Read by Ali Velshi Aug 02, 2023

For the third time in 4 months Donald Trump has been indicted, twice at the federal level, but legal experts say this is the most serious one yet. MSNBC host Ali Velshi reads every word of the DOJ’s latest allegations against the former president, charging him with 4 counts in connection with his alleged efforts to overturn the 2020 election.

Jack Smith’s D.C. Indictment Decision: A Conversation with Judge Luttig Jul 31, 2023

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.

The Superseding Indictment Jul 28, 2023

Donald Trump now faces three new felony charges in the Mar-a-Lago documents case. MSNBC analysts Andrew Weissmann and Mary McCord dig into Jack Smith’s surprise superseding indictment accusing Trump of trying to delete security footage. Plus, where things stand with the expected indictment in Smith’s 2020 election probe – and signs that things are ramping up in Georgia.

Indictment Watch... Again Jul 25, 2023

We’re on federal indictment watch again, but there could be some holdups. MSNBC legal analysts Andrew Weissmann and Mary McCord take a look at what we know so far about Jack Smith’s 2020 election probe and what we can expect when the decision comes down.

Target Letter Jul 18, 2023

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 Jul 11, 2023

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.

Potential Cooperators Jul 03, 2023

Rudy Giuliani is just the latest Trump ally to sit down with federal investigators. MSNBC legal analysts Andrew Weissmann and Mary McCord dig into who could be cooperating and what that could mean for the former president. Plus, why the Miami grand jury is still investigating Trump’s documents case, even after his indictment.

The Bedminster Tape Jun 27, 2023

Could it be game over for Donald Trump in the classified documents case? MSNBC legal analysts Andrew Weissmann and Mary McCord weigh in on the leaked Bedminster recording where Trump appears to talk about classifieddocuments he kept. Plus, new details on the Secret Service agents who have now testified before the Jan. 6th grand jury.

If you have questions, you can leave us a voicemail at 917-342-2934 and maybe we’ll play it on the pod! You can also email us at ProsecutingTrumpQuestions@nbcuni.com.

Government Secrets at Trial Jun 21, 2023

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.

The Miami Arraignment Jun 14, 2023

For the second time in two months, Donald Trump has been arrested and pleaded not guilty to criminal charges – this time in relation to Jack Smith’s federal investigation into his handling of classified documents. MSNBC legal analysts Andrew Weissmann and Mary McCord break down what happened inside that Miami courtroom, what Trump’s likely defenses will be and how the prosecution might deal with the Trump-appointed judge overseeing the case.

If you have questions, you can leave us a voicemail at 917-342-2934 and maybe we’ll play it on the pod! You can also email us at ProsecutingTrumpQuestions@nbcuni.com.

The Full Indictment Read by Ali Velshi Jun 11, 2023

What exactly is inside that historic 37-count federal indictment against Donald Trump? MSNBC host Ali Velshi reads every word of the DOJ’s allegations against the former president, including a transcript of a conversation Trump allegedly had about a classified military document and texts between his employees.
If you have questions, you can leave us a voicemail at 917-342-2934 and maybe we’ll play it on the pod! You can also email us at ProsecutingTrumpQuestions@nbcuni.com.

37 Felony Counts Jun 10, 2023

The DOJ has unsealed the 37-count indictment against Donald Trump, detailing how the former president allegedly lied and schemed to keep classified documents he knew were classified. MSNBC legal analysts Andrew Weissmann and Mary McCord give us their biggest takeaways from the indictment and tell us what we can expect on Tuesday when Trump turns himself in.
If you have questions, you can leave us a voicemail at 917-342-2934 and maybe we’ll play it on the pod! You can also email us at ProsecutingTrumpQuestions@nbcuni.com.

The Second Indictment Jun 09, 2023

Donald Trump has become the first former president to face federal prosecution. A grand jury in Miami has charged him with 37 criminal counts in special counsel Jack Smith’s documents probe. MSNBC legal analysts Andrew Weissmann and Mary McCord take a closer look at what we know so far and why these charges are so important.

If you have questions, you can leave us a voicemail at 917-342-2934 and maybe we’ll play it on the pod! You can also email us at ProsecutingTrumpQuestions@nbcuni.com.

Federal Indictment Watch Jun 05, 2023

We're on indictment watch as the grand jury in the Mar-a-Lago classified documents case is expected to meet this week after a hiatus. MSNBC legal analysts Andrew Weissmann and Mary McCord dig into possible charges and how prosecutors go about wrapping up a long grand jury investigation.

Listener Questions May 30, 2023

Our listeners have some burning questions about Donald Trump’s legal cases, including where exactly we stand with timing and what happens if a federal grand jury indicts. MSNBC legal analysts Andrew Weissmann and Mary McCord dig into all of that in this special Listener Questions episode.

The Mar-a-Lago Boxes May 27, 2023

Some explosive new reporting could give us the clearest indication yet about what exactly Jack Smith is looking at in the Mar-a-Lago documents case – and what he could charge. MSNBC legal analysts Andrew Weissmann and Mary McCord weigh in on reports that Trump employees moved classified documents the day before the FBI came for them.

Corcoran’s Notes May 23, 2023

Could Donald Trump’s own lawyer be the key to Special Counsel Jack Smith’s obstruction case? MSNBC legal analysts Andrew Weissmann and Mary McCord dig into Evan Corcoran’s notes that reportedly show Trump was warned about keeping classified documents. Could this blow up his Mar-a-Lago defense?

An Incriminating Town Hall May 15, 2023

Did Donald Trump’s comments at last week’s town hall put him in even greater legal jeopardy? MSNBC legal analysts Andrew Weissmann and Mary McCord weigh in on what he said that could hurt him.

$5 million In damages May 10, 2023

Donald Trump has made history yet again, becoming the first former president to be found liable for sexual abuse and defamation. The jury rejected E. Jean Carroll’s rape claim but ordered Trump to pay $5 million in damages. MSNBC legal analysts Andrew Weissmann and Mary McCord tell us what this unprecedented verdict means for the ex-president.

Fani Willis’ Immunity Deals May 08, 2023

At least 8 of Georgia’s “fake electors” have received immunity deals as part of Fulton County DA Fani Willis’ 2020 election probe. MSNBC legal analysts Andrew Weissmann and Mary McCord tell us what that could mean for Donald Trump and a possible second indictment. Plus, Trump will not testify in the E. Jean Carroll civil rape case as closing arguments begin. We’ll get into what could be behind his decision.

Mike Pence Testifies May 01, 2023

Despite Donald Trump’s objections, Mike Pence testified before the Jan. 6th grand jury for several hours last week. But if you strip away the insurrection and the attempt to overturn the election, did Trump also try to solicit a crime of violence against Pence himself? MSNBC legal analysts Andrew Weissmann and Mary McCord get into that and what it could all mean for Special Counsel Jack Smith’s investigation.

E. Jean Carroll v. Trump Apr 26, 2023

Trump’s legal woes deepening with a civil rape case getting underway in New York and a big development in Fani Willis’ Georgia investigation. MSNBC legal analysts Andrew Weissmann and Mary McCord dig into what all of that means for the former president. Plus, former House General Counsel Doug Letter joins to talk about the ex-prosecutor set to testify before Congress about Alvin Bragg’s Trump case. He has 4 decades of experience as a top DOJ attorney and several years as the top lawyer for the U.S. House of Representatives.

The Trump Offensive Apr 18, 2023

Donald Trump and his allies are escalating their attacks on Alvin Bragg, Fani Willis and Jack Smith. Would any other defendant get away with this? MSNBC legal analysts Andrew Weissmann and Mary McCord weigh in on how the prosecutors and NYC judge should handle this – and what it could mean for their cases.

All Eyes on Jack Smith Apr 11, 2023

"Now that Donald Trump has been indicted by the Manhattan D.A., attention is shifting to his other legal problems -- including Special Counsel Jack Smith’s investigations. MSNBC legal analysts Andrew Weissmann and Mary McCord discuss Smith’s recent legal wins, how he could be building his cases against Trump – and how the GA election investigation plays into all of that."

The Manhattan Arraignment Apr 05, 2023

Donald Trump became the first ex-president to be arraigned on criminal charges Tuesday. MSNBC legal analysts Andrew Weissmann and Mary McCord tell us what happened inside that Manhattan courtroom, what stood out to them in the pages of the indictment and what it all tells us about how District Attorney Alvin Bragg plans to build his case.

The First Indictment Mar 31, 2023

A Manhattan grand jury has voted to indict Donald Trump – setting a new precedent for holding American leaders accountable. But how does a prosecutor like Alvin Bragg actually convince a jury to convict a former president? MSNBC legal analysts Andrew Weissmann and Mary McCord tell us how prosecutors think about building a case against a former president.

Prosecuting Donald Trump: A Primer Mar 28, 2023

How do you build a legal case when the defendant is a former president? MSNBC legal contributors Andrew Weissmann and Mary McCord have an idea. They’re two of the most well-respected and storied prosecutors in the country – and have prosecuted historic cases from Enron to the Benghazi attack. So, they’re the perfect people to tell us how a prosecutor -- from Alvin Bragg to Fani Willis to Jack Smith – might think about prosecuting a former president.

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