Prosecuting Donald Trump

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: [email protected]

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’

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: [email protected]

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 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.

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.

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: [email protected]

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: [email protected]

As a bonus for listeners, we’re sharing a special preview of the second season of the award-winning original series, “Rachel Maddow Presents: Ultra.” In the chart-topping second season, Rachel Maddow returns to uncover the shocking history of the ultra-right’s reach into American politics. Listen to the entire first episode now, and follow the show to get the whole series: https://link.chtbl.com/rmpust_fdlw. You can also subscribe to MSNBC Premium on Apple Podcasts for early access to every episode the Friday before it drops, and ad-free listening to all episodes of Ultra seasons one and two.

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: [email protected]