Prosecuting Donald Trump

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. 

There's a lot to unpack around Donald Trump’s ongoing criminal and civil cases after he won last week's election. To begin with, veteran prosecutors Mary McCord and Andrew Weissmann explain why Judge Merchan agreed to the joint request to put off today's decision on the impact of immunity in his hush money case. Then, they dig into the constitutional arguments against prosecuting a president while in office, whether federally or as a state prosecution, and how that might also relate to sentencing in New York. Next up, Andrew and Mary illustrate how Trump’s win might impact his civil cases, to include both E Jean Carroll cases and his New York civil fraud case. And wrapping up, the duo reflect on the efforts by those convicted in J6 cases to have them dismissed or stayed, as they await a potential pardon by the president-elect.

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After Donald Trump’s decisive win this week, election litigation expert Ben Ginsberg joins MSNBC legal analysts Mary McCord and Andrew Weissmann to drill down on why we are not seeing any post-election challenges, despite a bevy of concerns and allegations before voters went to the polls. Then, Andrew and Mary tick through what's next for each of the president-elect's criminal cases in DC, Florida, Georgia, and New York.

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As a level set for post-election litigation, MSNBC legal analysts Mary McCord and Andrew Weissmann look at two cases in Pennsylvania and Virginia that have already made their way through the courts involving naked ballots and purging alleged noncitizens from voter rolls. Then, newly unsealed court documents in the DC case show long-held concerns from judges around former President Trump’s efforts to delay. And Andrew and Mary close with the latest from Florida: the 11th Circuit appeal of the dismissal of the Florida documents case is moving along and Judge Cannon doesn’t think her recusal is necessary in the case involving the second assassination attempt of the former president. 

With eight days to go until Election Day, veteran prosecutors Mary McCord and Andrew Weissmann tackle several issues related to the vote and its aftermath: if Donald Trump doesn’t win the election, could his DC criminal case be dismissed based on the Appointments Clause? Can a president use the military domestically against "the enemy within" despite the constraints of the Posse Comitatus Act? Will another ‘red mirage’ followed by a ‘blue shift’ cause the former president to cry foul and call for stopping the electoral count? And, will Elon Musk and his America PAC be held liable for paying residents in swing states to register?  Andrew and Mary address these questions and remind listeners to vote!

Further Reading: Andrew and Ryan Goodman's recent piece on Just Security: An Overlooked January 6 Charge: The “Stop the Count” Scheme

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There’s been a flood of activity recently in Judge Tanya Chutkan’s DC courtroom. In the last week, she released a 50-page ruling on several outstanding issues including the Brady doctrine, a pretrial discovery rule requiring the government to share all exculpatory evidence with Donald Trump’s defense team. MSNBC legal analysts Mary McCord and Andrew Weissmann shed some light on the judge’s decisions and detail the release of the Special Counsel’s heavily redacted appendix, which was unsealed last Friday. Also in the hopper: an explainer on Jack Smith's response to a renewed motion from Trump’s legal team to dismiss the DC case based on the Supreme Court's Fischer decision on obstruction. And lastly, Andrew and Mary head to Florida where Ryan Ruth, the suspect in the second assassination attempt against the former president, asked Judge Aileen Cannon to recuse herself from the case.

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Last week, the DC election interference case inched forward, as Judge Tanya Chutkan approved the public release of Jack Smith’s redacted source documents that helped frame his already public immunity briefing. But she also agreed to stay that release until October 17th, as Trump’s legal team decides if they want to seek an appeal. MSNBC legal analysts Mary McCord and Andrew Weissmann walk through how that scenario might play out, and why it could become a moot point after Thursday. Then, they take aim at critics who’ve been publicly decrying the release of the government’s immunity briefing, by pointing out that the DOJ’s “60-day rule” is not a law, and that the guidance is for new matters, not for cases that have already been charged. And before wrapping up, Andrew and Mary give their read on the disturbing politicization of FEMA's disaster response and answer a few listener questions. 

Further Reading: As Andrew mentioned, here is his piece, co-authored with Ryan Goodman, on Just Security: Refuting the Latest Baseless Attacks Against Special Counsel Jack Smith.

Also, just two more days to vote! Prosecuting Donald Trump and Into America have been nominated for the Signal Listener's Choice Award! And MSNBC needs your help to win. Use the links below to vote for both shows:

Prosecuting Donald Trump in the Shows - News & Politics category.

Into America presents: Uncounted Millions in the Limited Series & Specials - Money & Finance category and Limited Series & Specials - News & Politics categories.

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Election Day is around the corner and Vice President Kamala Harris could become the first woman, first Black woman, and first South-Asian to sit in the Oval Office. In light of this moment, we’re resharing our 2020 series “Kamala: Next in Line,” from MSNBC and Wondery. Hosted by Joy Reid, "Next In Line" is an intimate and immersive look into what drives Harris, what her critics say about her, and how she arrived at this historic moment.

This is a special program for our MSNBC Premium subscribers. Listen to an excerpt from the first episode here. And to download the full series, sign up for MSNBC Premium on Apple Podcasts. You’ll find the series in the How to Win feed. 

Plus, as a subscriber, you’ll get all MSNBC original podcasts ad-free, along with bonus exciting content from Prosecuting Donald Trump, Rachel Maddow, and more. Thanks for listening and subscribing!

After Judge Tanya Chutkan ordered a redacted version of the government's filing on immunity to be released, new information about Donald Trump’s post-election efforts came to light. Jack Smith argues that the allegations detailed in the filing were "fundamentally" done as a candidate, and not in an official capacity. Veteran prosecutors Mary McCord and Andrew Weissmann frame the government's case, describing the new allegations now in the public sphere and Trump’s continued assertion that this is “election interference.” Then, they review another motion to dismiss brought by Trump’s lawyers, this one referencing the Fischer case.

Also, some exciting news! Prosecuting Donald Trump and Into America have been nominated for the Signal Listener's Choice Award! And MSNBC needs your help to win. Use the links below to vote for both shows:

• Prosecuting Donald Trump in the Shows - News & Politics category.
• Into America presents: Uncounted Millions in the Limited Series & Specials - Money & Finance category and Limited Series & Specials - News & Politics categories.

Further Reading: Here is Special Counsel Jack Smith’s unsealed Motion for Immunity Determinations.

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In the DC election interference case, Special Counsel Jack Smith filed his 180-page opening brief under seal last week, along with a request to release a redacted version to the public. MSNBC legal analysts Mary McCord and Andrew Weissmann analyze how this will play out, what aspects would need to be removed, and if/when the public might see a redacted version. Then, they head north to Manhattan, where a 5-judge panel held oral arguments in Donald Trump’s appeal of his New York civil fraud judgement. And a few other headlines grabbed Andrew and Mary’s attention this week from former New York Mayor Rudy Giuliani, current New York Mayor Eric Adams, and a defamation lawsuit from Springfield, Ohio. Plus: time to answer a few listener questions.

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