Prosecuting Donald Trump
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MSNBC
Veteran prosecutors Andrew Weissmann and Mary McCord discuss and dissect the cases against former President Donald Trump, including the historic indictments from the Manhattan D.A., Special Counsel Jack Smith and Fulton County D.A. Fani Willis.
Voting Matters
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.
43:0004/11/2024
Election Stakes
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” SchemeWant 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.
50:0728/10/2024
Brady and a Bunch More
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.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.
47:0822/10/2024
Stays and Delays
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.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.
45:3015/10/2024
Listen to “Kamala: Next in Line”
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!
10:2509/10/2024
Office Seeker vs. Office Holder
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.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.
48:2508/10/2024
Redactions and Reactions
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.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.
46:5201/10/2024
Ms. McCord Goes to Washington
Tuesday, the Senate Judiciary Committee held a hearing titled: “‘When the President Does It, that Means It’s Not Illegal’: The Supreme Court’s Unprecedented Immunity Decision”, and MSNBC legal analyst Mary McCord was called to testify before the committee. She and Andrew Weissmann reflect on what she laid out for the Senators concerning the fallout from the Supreme Court’s immunity decision. Then, they review the flurry of filings in Trump’s DC election interference case, where Jack Smith’s team is expected to file a substantial opening brief on Thursday. And lastly, after weeks of harassment and bomb threats, a non-profit group in Springfield, Ohio filed citizen-led criminal charges against Donald Trump and JD Vance for repeating lies that have allegedly led to threats against Haitian immigrants living in the community.Further reading:Here is Mary’s opening statement before the Senate Judiciary Committee.Here is the Just Security piece Andrew mentioned from Adam Klasfeld and Ryan Goodman, citing twelve instances of targeting supposed foes during the Trump administration: Chronology of a Dozen Times Trump Pushed to Prosecute His Perceived EnemiesWant to listen to this show without ads? Sign up for MSNBC Premium on Apple Podcasts. As a subscriber you’ll also be able to get occasional bonus content from this and other shows.
45:4125/09/2024
Election Security Matters
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.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.
48:1918/09/2024
MSNBC Live: Democracy 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 0:01:30-0:31:23Chris Hayes & Kate Shaw 0:31:36-0:51:20Andrew Weissmann & Ari Melber 0:51:25-1:12:53Rachel Maddow & Lawrence O’Donnell 1:13:13-1:45:45
01:47:0011/09/2024
A Tale of Two Courtrooms
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.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.
45:0010/09/2024
The Disjointed Joint Status Report
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.
50:2503/09/2024
The DC Superseder
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. 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 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.
22:4928/08/2024
Now Playing in the 11th Circuit
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.
47:3627/08/2024
Was J6 a Precursor?
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.
49:2620/08/2024
Four Ring Circus
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
53:4913/08/2024
The Ball is Back in Chutkan’s Court
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
44:4906/08/2024
The Floodgates are Open
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
43:4130/07/2024
Live from Highlands, NC: Back to Manhattan
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]
49:5623/07/2024
An Unsettling Few Days
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; penalties18 U.S.C. 2331 (5) - definition of ‘domestic terrorism’
43:3716/07/2024
Immunity Fallout
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]
53:5609/07/2024
‘Textual Backflips’
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.
45:2102/07/2024
The Immunity Decision
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.
53:1102/07/2024
‘A Dessert Topping and a Floor Wax’
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.
51:4425/06/2024
Trigger Avenue
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]
46:2518/06/2024
Post-Trial and Pre-Trial
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 endNote: Listeners can send questions to: [email protected]
44:3211/06/2024
The Disinformation Campaign
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]
50:1604/06/2024
BONUS: Witness to History
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.
42:3903/06/2024
“We Have a Verdict”
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.
48:1631/05/2024
In Closing
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.
56:5229/05/2024
"The E-mail Speaks for Itself"
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.
48:0724/05/2024
130,000 Reasons
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.
50:1221/05/2024
How do you Solve a Problem like Michael Cohen?
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.
51:2217/05/2024
'For the Benefit of Mr. Trump'
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.
51:3515/05/2024
It's Not About Sex
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.
48:3010/05/2024
Exhibits 35 and 36
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.
47:4107/05/2024
Color From the Courtroom
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.
49:5304/05/2024
It’s Only Tuesday
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.
46:1930/04/2024
The Presidency Before the Supreme Court
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.
51:3726/04/2024
Live Coverage: Supreme Court Hears Trump’s Immunity Claim
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.
02:40:1225/04/2024
Opening Statements
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 ImmunityAnd 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.
44:1823/04/2024
The Jury Is Seated, with Readings from Robert De Niro and Glenn Close
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.
38:0219/04/2024
In a Manhattan Courtroom
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.
45:3516/04/2024
Live Coverage: New York v. Donald Trump
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.
01:24:0816/04/2024
BONUS: The Stakes of Immigration with Aaron Reichlin-Melnick
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
01:05:5209/04/2024
History in the Making
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.
51:0409/04/2024
The Fair Administration of Justice
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.
43:4602/04/2024
Ups and Downs in New York
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.
43:1026/03/2024
The Trump Indictments, read by Peter Coyote and Renée Elise Goldsberry
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.
49:5722/03/2024
The Trump Indictments, read by Glenn Close and Liam Neeson
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.
47:1821/03/2024