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so i can see jack smith trying to do that. but just remember, he has to be thinking it is the start date unconcerned about. and, if you just, i did not do math in public, -- >> neither do i. i try i try not to. >> it is just not, it is just not looking good. that is all assuming that the supreme court does not do things to delay the case further, and there are various outcomes that it could. >> right, i'm operating in best- case mario here. >> yeah, but that, is you know, when you put your mind in your head in jack smith's thinking, he has -- not best-case an area, so he is thinking you know what, i have a very strong case in the classified documents case, i mean he has to be thinking this has jury appeal, it is not just the retention of classified documents, it is two forms of obstruction, by all accounts it looks like an incredibly strong case. we still have not heard any defense from the former president that passes the straight face test. honestly we will see what happens at trial. so he seems to be thinking okay let's see
so i can see jack smith trying to do that. but just remember, he has to be thinking it is the start date unconcerned about. and, if you just, i did not do math in public, -- >> neither do i. i try i try not to. >> it is just not, it is just not looking good. that is all assuming that the supreme court does not do things to delay the case further, and there are various outcomes that it could. >> right, i'm operating in best- case mario here. >> yeah, but that, is you...
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okay, it's a couple of weeks apart, jack smith and trump. but does this mean that we are very likely to see the -- case then begin before the fall? or could the judge still do other things? >> the judge still could do other things. it's, and i think with this particular judge, it is pretty hard to predict where she comes out. my guess is they're -- betting that she goes with the trump proposed dayton with the smith proposed state. it's going to depend on her calendar. but again, what surprises me most about this is that, it's what it tells us i think that jacks mitt is saying, there ain't no way i'm getting to this election case before the election. >> fascinating. and again, it's been a flurry of filings. because this leading candidate for the republican nomination is also a defendant in several different jurisdictions. david, i'm going to tell you this. and i'm not just saying this because of our history. we appreciate your arguments, and your counter arguments. >> when we come back, -- choice, and your rights. stay with us. -- choice, and
okay, it's a couple of weeks apart, jack smith and trump. but does this mean that we are very likely to see the -- case then begin before the fall? or could the judge still do other things? >> the judge still could do other things. it's, and i think with this particular judge, it is pretty hard to predict where she comes out. my guess is they're -- betting that she goes with the trump proposed dayton with the smith proposed state. it's going to depend on her calendar. but again, what...
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jack smith mean for trump? >> well, erin, what you're seeing is prosecutors trying to find a way to box out the former president and his legal team. because as you as you noted, what they're trying to do is delay this to the point where it makes it impossible for tanya chutkan and the dc trial to find find room on the calendar. they know that obviously, given the fact that this that the that the immunity question is now before the supreme court we anticipate that what they're going to do is look for something that will make sure that that the dc judge doesn't have room on the calendar between now and november to sketch chilling new trial. and so what jack smith is doing here in making this request is trying to at least have the judge in in in florida put a put on the calendar a date of july 8th. now, we don't know whether she'll go for this. there are a lot of complicated issues because this has to do with classified info aileen cannon, the judge, there has pretty much been been helpful with the former presiden
jack smith mean for trump? >> well, erin, what you're seeing is prosecutors trying to find a way to box out the former president and his legal team. because as you as you noted, what they're trying to do is delay this to the point where it makes it impossible for tanya chutkan and the dc trial to find find room on the calendar. they know that obviously, given the fact that this that the that the immunity question is now before the supreme court we anticipate that what they're going to do...
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smith gets his way and gets this july 8th start so if jack smith gets a july 8 start, we do probably get a verdict before the election. and so there are two routes. one is based on jack smith's own estimation, you'd probably get the end of trial around august 19, trump's estimation is it's going to take a longer period of time for the trial so that you get a verdict and the end of trial around september 16th. but both of those, uh, well, before both the alliance, while before the election, that's right. so that's why the july 8 and whether or not the judge cannon goes with the justice department is key to that outcome. >> so ben doesn't mean do you think there's any coincidence that smith makes this move a day after the supreme court said it would hear arguments on trump's immunity while he's in office. and they said that they're going to take that up and that means that likely will not get a verdict by election day in any scenario. >> it does mean that it means the florida case is the one that can move forward. the quickest. >> i >> don't think it's an accident, but i think this hea
smith gets his way and gets this july 8th start so if jack smith gets a july 8 start, we do probably get a verdict before the election. and so there are two routes. one is based on jack smith's own estimation, you'd probably get the end of trial around august 19, trump's estimation is it's going to take a longer period of time for the trial so that you get a verdict and the end of trial around september 16th. but both of those, uh, well, before both the alliance, while before the election,...
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jack smith said as he is ready july 8th. donald trump's team said they could do august 12th if they have to. it remains to be seen what judge can and will do. it ended around 3:00 this afternoon. >> and donald trump was there. >> donald trump was in the courtroom, jack smith was in the courtroom, neither spoke. something interesting is in the southern district of florida, there are four locations where this trial could be held. it is possible she could move to west palm beach and i say possible because donald trump is commuting 70 miles from palm beach in a motorcade. if there is a trial that lasts ten weeks, it could take five weeks apiece. he could be motorcade eating every single day. >> it still means a case before the election in the case could be adjudicated and done before the election. >> if you add on the ten weeks in the middle of august, this is another important point, middle august, mid-september and october and in another two weeks it could add with a verdict right near the actual election. we have to see what
jack smith said as he is ready july 8th. donald trump's team said they could do august 12th if they have to. it remains to be seen what judge can and will do. it ended around 3:00 this afternoon. >> and donald trump was there. >> donald trump was in the courtroom, jack smith was in the courtroom, neither spoke. something interesting is in the southern district of florida, there are four locations where this trial could be held. it is possible she could move to west palm beach and i...
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jack smith of course is not a principal officer. inferior officers can be appointed if congress by law vests in the head of the cabinet department the power to appoint a senior officer. congress has passed no law vesting the attorney general the power to appoint a special counsel like jack smith. congress has a vested power to appointed inferior officers and the secretaries of energy, education, transportation and hhs it has not done so with the justice department when therefore jack smith appointment is illegal and unconstitutional. every single thing he has done since he was appointed a year end a half ago is illegal, no and void. >> i want the american people to understand your background. you used to serve as a top legal advisor to a former attorney general of the united states you and i worked with the office of legal counsel which is considered that legal constitutional brain trust of the federal government. you are not coming out of left field you are looking at the constitution, you are looking at the statutes and saying thi
jack smith of course is not a principal officer. inferior officers can be appointed if congress by law vests in the head of the cabinet department the power to appoint a senior officer. congress has passed no law vesting the attorney general the power to appoint a special counsel like jack smith. congress has a vested power to appointed inferior officers and the secretaries of energy, education, transportation and hhs it has not done so with the justice department when therefore jack smith...
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jack smith has moved expeditiously. so trump is doing what any defendant would do in that case, but he'd run out of time if garland had gotten off the dime. that's the bottom line. what else? i love this part of the show, you know, i do if people don't vote third party, this cycle, they never will. i have to say, eric in god if i'm talking about the 2028 election, i'm not talking about third-party candidacies. if this cycle doesn't at least produce a legitimate three-way or three-way plus contest where somebody gets on the debate stage, right? allah? ross perot, then i to give up, i to give up because this, according to all the data is the cycle where people are yearning. gallup says a plurality or independence than not publicans or democrats. people want a choice. >> give it to them. one more. if i've got time not closing the border will cost biden the election. he cannot win private account. i got to say that poll today, the combination of the gallup data and mohammad yunus, the editor in chief, dissected it for us. a
jack smith has moved expeditiously. so trump is doing what any defendant would do in that case, but he'd run out of time if garland had gotten off the dime. that's the bottom line. what else? i love this part of the show, you know, i do if people don't vote third party, this cycle, they never will. i have to say, eric in god if i'm talking about the 2028 election, i'm not talking about third-party candidacies. if this cycle doesn't at least produce a legitimate three-way or three-way plus...
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jack smith won a conviction. donald was a likely buys presidential contender in 2016 and that was reversed in 2016 eight-zero. jack smith is a political scud missile who sent in to take out presidential contenders like he did with bob mcdonald. on the presidential immunity argument there is president in the civil context. the president of the united states is a -- is immune from civil prosecution or the perimeter of his official acts under that nixon case we discussed 40 years ago. if federal judges are immune from criminal prosecution absolutely immune from criminal prosecution, and so are members of congress, why wanted the president of the united it would destroy our country. another example besides biden and riley is president obama and his legal advisor, now federal circuit judge david baron on the first circuit court of appeals in bostodavid baron advised president obama it was lawful for obama to order an extra traditional drone strike on two american citizens including a minor. if obama is not immune from
jack smith won a conviction. donald was a likely buys presidential contender in 2016 and that was reversed in 2016 eight-zero. jack smith is a political scud missile who sent in to take out presidential contenders like he did with bob mcdonald. on the presidential immunity argument there is president in the civil context. the president of the united states is a -- is immune from civil prosecution or the perimeter of his official acts under that nixon case we discussed 40 years ago. if federal...
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tonight, jack smith is now proposing a trial date of july 8th. the trump team, though, is still pushing for this to happen after the election. there's a hearing on this tomorrow, though, where we may hear more from the judge. david? >> david: mary bruce on both stories tonight. mary, thank you. >>> we turn now to that horrific scene in gaza. tonight, authorities say more than 100 palestinians were killed and at least 700 were injured in a stampede for much-needed food that was arriving, and then israeli gunfire. how the israeli military is now explaining this. abc's tom soufi burridge in israel. >> reporter: tonight, the moment israeli troops opened fire at a crowd of gazans desperate for food near a convoy of aid trucks. this surveillance video showing thousands of people surrounding the vital supplies moving into northern gaza. an israeli tank firing warning shots, attempting to disperse what they called a threatening crowd. the idf claiming self-defense, saying they were there to support the convoy, and when people who rushed the convoy got to
tonight, jack smith is now proposing a trial date of july 8th. the trump team, though, is still pushing for this to happen after the election. there's a hearing on this tomorrow, though, where we may hear more from the judge. david? >> david: mary bruce on both stories tonight. mary, thank you. >>> we turn now to that horrific scene in gaza. tonight, authorities say more than 100 palestinians were killed and at least 700 were injured in a stampede for much-needed food that was...
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i think that the odds favor jack smith on the outcome. but, you know, the supreme court could very well decide that it agrees with the result but not the rationale of the d.c. circuit. there's a lot of unanswered questions on presidential immunity that may have given justices discomfort. they may want to see some greater delineation of lines trying to show when a president does have immunity in future cases. there are members of this court who take a very robust view of executive power and privilege. once they make that decision, it will return the mandate to the trial court. is it possible that they could still hold a trial before the election? yes. but allegations against the court that it's slow walking this case are, as usual, overwrought and undersupported. i mean, the court is actually moving at a much faster pace than it usually does. examples that people have raised in the past are distinguishable as to why the court moved a little faster in those cases. i think we have to take a moment here to understand the weight and the gravit
i think that the odds favor jack smith on the outcome. but, you know, the supreme court could very well decide that it agrees with the result but not the rationale of the d.c. circuit. there's a lot of unanswered questions on presidential immunity that may have given justices discomfort. they may want to see some greater delineation of lines trying to show when a president does have immunity in future cases. there are members of this court who take a very robust view of executive power and...
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>> there is no way that jack smith is going to succeed to the jury instructions. if he does, the case is over. secondly, it's a head, trump wins, tells, his losing. there is no way he will let that happen. the problem is judge cannon did not issue an order here of jury instructions. just said parties, i want you to engage in the following scenarios. it's loose enough that i think it's not enough for jack smith to go directly to the 11th circuit yet. what will happen is jack smith is going to push back and say hey, what you are doing here is really erroneous. your interpretation under the presidential records act is wrong and you need to think about this again. rethink what you just did. if she won't, we will take the extraordinary step. i do think the 11th circuit going to reverse, repudiate. dropped the case entirely. >> you are there in palm beach. what are you hearing from folks about judge cannons case in the handling of donald trump? >> people think it's appalling, what has been happening. they're very anti-cannon. trump's biggest supporters silent about it o
>> there is no way that jack smith is going to succeed to the jury instructions. if he does, the case is over. secondly, it's a head, trump wins, tells, his losing. there is no way he will let that happen. the problem is judge cannon did not issue an order here of jury instructions. just said parties, i want you to engage in the following scenarios. it's loose enough that i think it's not enough for jack smith to go directly to the 11th circuit yet. what will happen is jack smith is going...
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deranged jack smith. >> they have no legal ground. it's what they did. i got four indictments. >> is he right or wrong? >> i mean, the way i see it if these were his personal documents or he is allowed to have these by the pra, why would you need to ask questions about video footage, why would you possibly move the documents when they were coming to retrieve them? to me it just doesn't make any sense. on top of that, why would you put two lower-level employees in the position they are in if you did nothing wrong and these are your personal documents? >> so you are saying in the way that he acted trying to hide and the people he brought into it, you think you observed part of a cover-up? >> i think it is very possible. from what i saw, the questions, why would they ask about video footage, how long it is deleted for? those are conversations carlos told me he was tasked with finding out prior to walt's arrival on a secret trip. >> how different was that than usual? you describe secret, furtive operations and then while they are talking to the fbi other box
deranged jack smith. >> they have no legal ground. it's what they did. i got four indictments. >> is he right or wrong? >> i mean, the way i see it if these were his personal documents or he is allowed to have these by the pra, why would you need to ask questions about video footage, why would you possibly move the documents when they were coming to retrieve them? to me it just doesn't make any sense. on top of that, why would you put two lower-level employees in the position...
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but, today they got shut down, at least on one front by the jack smith team about this idea that you can't start a trial within a couple months of an election. obviously, you know a lot about these things. >> sure, the question that judge cannon and her rulings has favored the defense, even her reasoning has gone out of its way to find fault with the government and to side wherever possible with the defense in ways that i think continue to be pretty shocking. remember she's the judge that was reversed twice, before the case was indicted. we do know the trial date, she made various comment saying that she thought that the date that was sought by the government in july was unduly, optimistic. she asked a lot of questions of the defense about not having a trial at all, and certainly not in the lead up of the election. i was surprised she brought up the doj internal rule, because the internal rule of the department down in any way give rise to the defense, they are not enforceable in any court, they are just internal gots to the department. that's something that the judge knows well havi
but, today they got shut down, at least on one front by the jack smith team about this idea that you can't start a trial within a couple months of an election. obviously, you know a lot about these things. >> sure, the question that judge cannon and her rulings has favored the defense, even her reasoning has gone out of its way to find fault with the government and to side wherever possible with the defense in ways that i think continue to be pretty shocking. remember she's the judge that...
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do you think jack smith is going to do it? when she says something like i want you to consider this, does she have to? >> i think he has to comply with the order. he will get an order back from the court about jury instructions. very unusual this early in the case. there is not even a trial date set. then he will have an appealable order. >> is this putting the cart in front of the horse? there is no trial date set yet. >> this is completely putting the cart for the horse. there is no trial date yet. the judge is signaling, as she has signal from the get-go she does not believe in the case and does not believe it is warranted. she is stacking the deck in favor of the defendant. >> is there anything jack smith can do to get this moving along? >> he has successfully appealed prior orders to the appellate court and the appellate court has on multiple occasions reversed this judge. i would expect if there is an order on these jury instructions, as she is already signaling he will go right back to the appellate court. >> let's move
do you think jack smith is going to do it? when she says something like i want you to consider this, does she have to? >> i think he has to comply with the order. he will get an order back from the court about jury instructions. very unusual this early in the case. there is not even a trial date set. then he will have an appealable order. >> is this putting the cart in front of the horse? there is no trial date set yet. >> this is completely putting the cart for the horse....
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then you have deranged jack smith, who is a trump hater and represents all the trump haters. and he is going, he's just a wild man, he has been overturned unanimously by the supreme court , went after other people over the years. he's a great failure. he's mean, he's nasty, he's unfair and the judges on these cases are all trump haters. we have maybe one or two that i think and be fair. u look at new york what has happened. these people have tremendous hatred. you can't do this to a president. i'm not talking about me, i'm talking about in the future. a president has to be free. if the president does a good job -- i did some people would say a great job. but if the president does a good free and clear, and frankly celebrated for having done a good job, not indicted four times, and knock on after on a civil basis. and not demanded to pay hundreds of millions of dollars in fines for something that was absolutely perfect where there were no victims, while -- where their financial statements were absolutely flawless. where you have disclaimer clauses. nobody has ever had a thing
then you have deranged jack smith, who is a trump hater and represents all the trump haters. and he is going, he's just a wild man, he has been overturned unanimously by the supreme court , went after other people over the years. he's a great failure. he's mean, he's nasty, he's unfair and the judges on these cases are all trump haters. we have maybe one or two that i think and be fair. u look at new york what has happened. these people have tremendous hatred. you can't do this to a president....
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so how does jack smith get this? can he do a pretrial ruling on appeal? normally you can in a criminal case. can you get a written saying 11th circuit help me, the judge is wrong on the law as evidence by her proposed scenarios, we need you to intervene so she doesn't give the wrong instruction, and that's what people need to understand. jury instructions, these are instructions given to jurors to tell them what the law is. but if her law is wrong going in, the jury is screwed. they have no options left if they're being told by the judge to apply the wrong law. >> and the framing in these two binary situations seems a bit premature, certainly out of left field. >> not even premature, it's just flawed, it's wrong, and then it's premature as well. >> carroll lenning, thank you so much. everyone else stick around. when we come back, donald trump may have finally run out of options realizing he may have to raise half a billion dollars somehow in the next six days. the reality of this deadline is finally sinking in and it is freaking him out. raging at the jud
so how does jack smith get this? can he do a pretrial ruling on appeal? normally you can in a criminal case. can you get a written saying 11th circuit help me, the judge is wrong on the law as evidence by her proposed scenarios, we need you to intervene so she doesn't give the wrong instruction, and that's what people need to understand. jury instructions, these are instructions given to jurors to tell them what the law is. but if her law is wrong going in, the jury is screwed. they have no...
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so i think that jack smith and his team are probably considering it. i don't know that they'll use this particular order to do it. >> she's going to dismiss this case, let him off. >> if she dismissed the case before trial, that would be better because they could appeal that. the worst case is they're in the trial, she grants an acquittal. >> let's talk about this. here it is, this is donald trump's filing to the supreme court. he's trying to make the claim that trump's actions reaching out to state officials and congress and his vice president was based on some extensive evidence of fraud that's apparently secret that he's never shown us before. doesn't he have to show this evidence, and isn't it weird he would also be showing it to clarence thomas whose wife also believes in the big lie and thinks there was fraud? maybe she has the evidence. >> this is recycled from what he's been filing since he was before judge chutkan and the d.c. circuit. everything i did, everything jack smith's indictment charges me with is part of my official acts. of course i
so i think that jack smith and his team are probably considering it. i don't know that they'll use this particular order to do it. >> she's going to dismiss this case, let him off. >> if she dismissed the case before trial, that would be better because they could appeal that. the worst case is they're in the trial, she grants an acquittal. >> let's talk about this. here it is, this is donald trump's filing to the supreme court. he's trying to make the claim that trump's...
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particular for jack smith. let's start there. i wonder if there was anything revealing or anything you can tell us about the sort of mood in the courtroom as it looks like a lot of these cases are falling by the wayside, potentially. >> i'll say the move was interesting, because and a lot of the recent court rooms, we're up with donald trump, he's excited a sort of anger. i think particularly in the e. jean carroll case in new york. today, in this courtroom, and florida, at one point he was joking with reporters. i think he feels good about where he is right now. at least in that day and that moment. the anxiety, the concern, the uncertainty about the schedule, i think, it is understandable for people to have concern given the stakes and all this. i will say, the court system is not a great linear and predictable animal. it never has a pain and it's not been that for donald trump either. that is part of the uncertainty. i think people will have to roll with the punches little bit as far as the court system can be on a day today,
particular for jack smith. let's start there. i wonder if there was anything revealing or anything you can tell us about the sort of mood in the courtroom as it looks like a lot of these cases are falling by the wayside, potentially. >> i'll say the move was interesting, because and a lot of the recent court rooms, we're up with donald trump, he's excited a sort of anger. i think particularly in the e. jean carroll case in new york. today, in this courtroom, and florida, at one point he...
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>> i thought jack smith should have done it as soon as she drew the case. i understand the hesitation. the government's lawyer, you don't want to appear to have bias against the judge. nonetheless, i thought she had given him plenty of reason to do it. at this point, i think he has no choice. because if he does not ask the 11th circuit to recuse her, she could, for instance, set the case for trial pretty quickly. the time to do it is now. >> joyce vance, perfect person to have -- to talk about what should happen in florida. thank you so much. good night. >> night y'all. >>> we await the first criminal trial of the former u.s. president. do reading. raid all the charges against donald trump for yourselves and make your own decisions and we put all of this together and all of the indictments in the new book with the the trump indictments the historic charging documents with commentary and including helpful notes on the law as well as the many different players involved. >> thanks for joining us for this hour. good night. good night. >>> on this new hour, the
>> i thought jack smith should have done it as soon as she drew the case. i understand the hesitation. the government's lawyer, you don't want to appear to have bias against the judge. nonetheless, i thought she had given him plenty of reason to do it. at this point, i think he has no choice. because if he does not ask the 11th circuit to recuse her, she could, for instance, set the case for trial pretty quickly. the time to do it is now. >> joyce vance, perfect person to have -- to...
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also potentially jack smith himself along with his legal team. we have video of the former president arriving in his motorcade today here in fort pierce with some of his supporters outside. the big focus when will this go to trial? it is scheduled to begin here may 20th in florida. but it is likely this date will slide. one of two chief reasons, both sides want it to. special counsel jack smith as of yesterday proposed july 8th to be the new start date. trump's team they could settle on august 12th. another reason trump is claiming in both his federal prosecutions that he should be immune because he was president when the alleged crimes occurred. the supreme court has agreed to take up the presidential immunity issue in late april. meaning a start of a may 20th date nearly impossible. judge eileen cannon appointed by donald trump when he was president is proceeding over the case. she met two weeks ago to go over concerns the government has about producing classified evidence to trump team. as of today, this is called a scheduled hearing. we shoul
also potentially jack smith himself along with his legal team. we have video of the former president arriving in his motorcade today here in fort pierce with some of his supporters outside. the big focus when will this go to trial? it is scheduled to begin here may 20th in florida. but it is likely this date will slide. one of two chief reasons, both sides want it to. special counsel jack smith as of yesterday proposed july 8th to be the new start date. trump's team they could settle on august...
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it was not necessary and you will look at the indictment on the jack smith brought. it has nothing to do with those proud boys. in fact, it doesn't make the claim that trump actually instigated the riot. as based upon his planning of this. so what were they waiting for? and i think merrick garland made a historic, historic mistake. >> history will look back one day and see if this, in fact, was a contributing factor in all of this. melissa, jennifer, think you so much. please stick around to help answer this question when we come back. when a conflict of interest actually conflicts of interest? we are talking about the case against d.a. fani willis in georgia, next. s ) at fisher investments we may look like other money managers, but we're different. (other money manager) how so? (fisher investments) we're a fiduciary, obligated to act in our client'' best interest. (fisher investments) so we don't sell any commission-based products. (other money manager) then how do you make money? (fisher investments) we have a simple management fee, structured so we do better when
it was not necessary and you will look at the indictment on the jack smith brought. it has nothing to do with those proud boys. in fact, it doesn't make the claim that trump actually instigated the riot. as based upon his planning of this. so what were they waiting for? and i think merrick garland made a historic, historic mistake. >> history will look back one day and see if this, in fact, was a contributing factor in all of this. melissa, jennifer, think you so much. please stick around...
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then you have deranged jack smith who's a trump hater and he's going wild. he's been overturned unanimously by the supreme court. went over other people over the years. he's had great failure. he's mean, nasty, unfair. and the judges on these cases, they're all trump haters other than one or two that can be fair. look at new york what's happened. these people have tremendous hatred. you can't do this to a president. i'm not talking about me. i'm talking about in the future. a president has to be free. a president has to be if the president does a good job. i did some people would say a great job. >> the white house has not had the coordination with the doj on prosecutions regarding donald trump. this is separate. it's special counsel. the special counsel decided to bring charges. in terms of the fani willis stuff, i believe nathan wade testified he was making more money before he started to work for willis down there. back to garrett haake in west palm beach and ken dilanian. also, peter baker. why did he come out with a prepared statement? why this, why goi
then you have deranged jack smith who's a trump hater and he's going wild. he's been overturned unanimously by the supreme court. went over other people over the years. he's had great failure. he's mean, nasty, unfair. and the judges on these cases, they're all trump haters other than one or two that can be fair. look at new york what's happened. these people have tremendous hatred. you can't do this to a president. i'm not talking about me. i'm talking about in the future. a president has to...
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shortly after jack smith's team submitted their filings, the judge overseeing the case aileen cannon scheduled a hearing for next thursday. joining our conversation, former deputy assistant attorney general harry litman is here and former acting assistant attorney general for national security at the justice department and msnbc legal analyst mary mccord is here. rick is still with me at the table. mary, let me ask you, jack smith's paper tells us most of what we know and from his paper and filings, he seems to be calling bs on all of trump's moves and arguments. is that a fair read? >> i think in legal terms that's what he's doing but using different verbiage and it had to be said. i mean, some of these motions, the motion to dismiss based on presidential immunity is based on an argument that mr. trump while he was president designated all of these classified documents as personal and, therefore, that was within the scope of his official acts that he should have immunity for. so you don't even have to get to the question, says jack smith, of whether a president, a former president i
shortly after jack smith's team submitted their filings, the judge overseeing the case aileen cannon scheduled a hearing for next thursday. joining our conversation, former deputy assistant attorney general harry litman is here and former acting assistant attorney general for national security at the justice department and msnbc legal analyst mary mccord is here. rick is still with me at the table. mary, let me ask you, jack smith's paper tells us most of what we know and from his paper and...
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i mean, the idea that it's unconstitutional for jack smith to be supervising this case. it's completely justice department employee. we but but all of them i have to be decided before a trial date takes place, and she hasn't said a trial date and this case continues to be on a slow boat to nowhere. >> judge gertner. i mean, judge cannon only denied one to the former president's motions to dismiss charges that typical that she would decide only one will nothing about the way she's handling the case is typical. so these are motions that could have been disposed of quickly these emotions that are not raising issues that are extraordinary and they could have been disposed of it quickly. and what she's done is she's allowing lengthy hearings on motions that really could be just taken care of. and if she does that with respect to the others, then we are talking about a delay. what is interesting about what she said though? is that she's kicking all of this to the trial itself. and the trial would could well be a mess, allowing trump to raise defenses that really no one else wo
i mean, the idea that it's unconstitutional for jack smith to be supervising this case. it's completely justice department employee. we but but all of them i have to be decided before a trial date takes place, and she hasn't said a trial date and this case continues to be on a slow boat to nowhere. >> judge gertner. i mean, judge cannon only denied one to the former president's motions to dismiss charges that typical that she would decide only one will nothing about the way she's handling...
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i could see jack smith trying to do that. just remember he's got to be thinking it's the start date i'm concerned about, and if you just -- i don't do math in public, but i tried to add 88 to the various perm uitations. it's just not looking good. and that's all assuming that the supreme court doesn't do things tosu delay the case further andt could. >> i'm operating best case scenario. >> he's got analysis odds, not best case scenario, so he's thinking, you h know what, i ha a very strong case in the classified documentsg case. i mean he's got to be thinking this has jury appeal. it's not just the retention of the classified documents, it's twoas forms of obstruction. by all accounts it looks like a incredibly strong case. wecr still have not heard any defense from the former president that passes the straight face test. obviously we'll see what happens at trial. he has to be thinking, okay, let's see if we can get that. it'se still an uphill battle because he's before judge cannon, and there are many ways that that case can
i could see jack smith trying to do that. just remember he's got to be thinking it's the start date i'm concerned about, and if you just -- i don't do math in public, but i tried to add 88 to the various perm uitations. it's just not looking good. and that's all assuming that the supreme court doesn't do things tosu delay the case further andt could. >> i'm operating best case scenario. >> he's got analysis odds, not best case scenario, so he's thinking, you h know what, i ha a very...
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>> jack smith is not a superhero. so, this idea that he has all kinds of levers that he can pull with this court to get them to speed up the trial, that is not the case. he has nothing beyond his advocacy in that april 25th hearing in order to move this forward. and again, to prevail the supreme court, you need five votes. and this is a conservative 6-3 super majority. and there's a lot going on here. so you're right. i think about the court in a broader contest. this is a big turn for the court. leaving that to the side, the court had enormous cases about the future of the administrative state. and the administrative agencies. there are a number of cases about the post dobbs reproductive rights landscape. we heard one of these cases in the availability of mifepristone. and i think you have to think about all the different parts in this entire docket for this term to understand what might be going on with regard to the trump cases. just hold on with me for a minute. i know abortion has nothing to do with donald trump.
>> jack smith is not a superhero. so, this idea that he has all kinds of levers that he can pull with this court to get them to speed up the trial, that is not the case. he has nothing beyond his advocacy in that april 25th hearing in order to move this forward. and again, to prevail the supreme court, you need five votes. and this is a conservative 6-3 super majority. and there's a lot going on here. so you're right. i think about the court in a broader contest. this is a big turn for...
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what does that reflect on the part of jack smith? >> first of all, we don't know that they haven't recovered them. it could be they have determined all of those boxes were returned to mar-a-lago or somewhere else, that they essentially follow trump around wherever he went. i had a conversation with someone on your team tonight about our shared recollection that when trump showed up in new york last year for a deposition in a new york attorney general civil fraud case, he was seen outside trump tower with personal aides carting those very same sorts of bankers boxes. look, there is a reference in the indictment to the fact that carlos de olliva and others shuttled those boxes to mar-a-lago. >> in the back of my mind this is all pure speculation, i should warn everyone at home. that it seems jack smith probably more than anyone else at the department of justice has noods the aprieveiated calender within which he's working. like he built a federal indictment on january 6th made for speed, let's get it done. that is very much up in the a
what does that reflect on the part of jack smith? >> first of all, we don't know that they haven't recovered them. it could be they have determined all of those boxes were returned to mar-a-lago or somewhere else, that they essentially follow trump around wherever he went. i had a conversation with someone on your team tonight about our shared recollection that when trump showed up in new york last year for a deposition in a new york attorney general civil fraud case, he was seen outside...
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even some of the members because of jack smith's team and jack smith was in the courtroom today, they react to when people stand up and make different points before the judge. >> now the thing about judge cannon know is she's very hard to read and she doesn't often tip her hand. this is the one of the first hearings where we have seen her really side or at least indicates did she was going to side one way or another and she did follow that with an order, at least on one of these motions shortly after the hearing. >> and is it clear when she's going to decide the trump team's other arguments for dismissal no judges can take however much time they need to make a decision. >> but >> the every time that there is a delay in judge cannon issuing an order on one of these motions. trump is making. that's the longer it goes before everyone can set the table for the trial and to see how that will shape up. and anderson we should add this is two motions where trump is asking to dismiss the case by my count, there are seven more of these that could be argued from both he and his two co-defendants
even some of the members because of jack smith's team and jack smith was in the courtroom today, they react to when people stand up and make different points before the judge. >> now the thing about judge cannon know is she's very hard to read and she doesn't often tip her hand. this is the one of the first hearings where we have seen her really side or at least indicates did she was going to side one way or another and she did follow that with an order, at least on one of these motions...
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if that sounds like a familiar issue, jack smith has more than one case against defendant trump. so, the defendant was actually down in federal court today watching as doj prosecutors argued for a july beginning to a trial in the other jack smith case, earlier in the week discussing the big coup case and the supreme court slowing that down. this is the classified documents case, you probably remember both, and -- they are saying, over at the doj, there is nothing in their rule or precedents which prevents this trial, on the documents, from occurring in weeks, even days before the election. and remember, it's donald trump is the defendant who's been delaying both cases. on the flipside, i want to tell you donald trump's team are saying, well, they don't like the idea of this trial happening at all but they offered august s.a.t. possible date. we learned about that new development last night, if you haven't been watching the beat, because you came through in a filing and that was a change. now today in court, with donald trump sitting there, we saw all of this play out at the heari
if that sounds like a familiar issue, jack smith has more than one case against defendant trump. so, the defendant was actually down in federal court today watching as doj prosecutors argued for a july beginning to a trial in the other jack smith case, earlier in the week discussing the big coup case and the supreme court slowing that down. this is the classified documents case, you probably remember both, and -- they are saying, over at the doj, there is nothing in their rule or precedents...
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that is why jack smith is saying these aargue. s designed to delay the trial. >> the stormy danielles hush money case, will the consequences be a slap on the wrist for trump? >> i don't think so. you have to remember this same conduct was charged federally by the southern district of new york. and michael cohen was charged and convicted with exiting federal election fraud. and he served three years in prison for that. here are the charges are that donald trump falsified business records but in order to conceal or commit that same federal election law violation as well as violating other laws, l. again he could face prison time. somebody has. these are serious charges and should not be underestimated. >> yesterday, ty cobb was not impressed with trump in the new york civil cases. will trump keep his attorney on the team? >> if the civil cases where she is on all of the briefings for appeal he added another lawyer an appellate lawyer the same lawyer who argued in the dc immunity appeal. and so he has added lawyers but as of now, ali
that is why jack smith is saying these aargue. s designed to delay the trial. >> the stormy danielles hush money case, will the consequences be a slap on the wrist for trump? >> i don't think so. you have to remember this same conduct was charged federally by the southern district of new york. and michael cohen was charged and convicted with exiting federal election fraud. and he served three years in prison for that. here are the charges are that donald trump falsified business...
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that's an argument jack smith has made. it's an important one. it's not just defendants who are entitled to speedy trials. it's citizens. it's americans who are also entitled to have these claims heard. nikki haley makes the political argument. this is the justice argument. we are entitled to hear this. >> what we are learning, we have gotten a first look at the proposed jury questionnaire for the mar-a-lago case. trump's legal team wants to ask jurors to list politicians they have negative opinions of, to rank their primary source of media consumption. prosecutors want to ask, do you believe the election was stolen and ask jurors for their thoughts on the department of justice and the fbi. i believe i read this as a 31-page jury questionnaire, at least what is being proposed. what do you make of it? >> some of the questions are fairly standard. trump also wants to ask the potential jurors who they voted for. that would be extremely unusual if judge cannon allows that question. that would raise more questions about her impartiality. look, this is
that's an argument jack smith has made. it's an important one. it's not just defendants who are entitled to speedy trials. it's citizens. it's americans who are also entitled to have these claims heard. nikki haley makes the political argument. this is the justice argument. we are entitled to hear this. >> what we are learning, we have gotten a first look at the proposed jury questionnaire for the mar-a-lago case. trump's legal team wants to ask jurors to list politicians they have...
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but on top of that, you also have this argument that some are making. >> jack smith's team announced the 60-day rule and unwritten rule of justice department they're not supposed to take action within 60 dais of an election to avoid influencing it. it's regarded as not pop aretivm and i take that to mean they expect that trump will lose the immunity claim and that they will be able to begin a trial against him after labor day and run that trial through election day if that's how long it takes to try it. so i think that, you know, to the extent that people are looking at what happened today and saying the law fare campaign has failed. i would point out to people that a defendant is required to be in court for every day of a criminal trial, and i think these guys are planning to try him from september to november. neil: that would be very disruptive for donald trump in the middle of a presidential campaign assuming he's the republican nominee and if he's convicted on any of the charges, how that would resinate. the consensus seems to be a conviction changing the game. i'm not so sure a
but on top of that, you also have this argument that some are making. >> jack smith's team announced the 60-day rule and unwritten rule of justice department they're not supposed to take action within 60 dais of an election to avoid influencing it. it's regarded as not pop aretivm and i take that to mean they expect that trump will lose the immunity claim and that they will be able to begin a trial against him after labor day and run that trial through election day if that's how long it...
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jack smith has proposed july 8th as a trial date to begin. donald trump and his lawyer have proposed august 2nd. i will note that july 8th is during the month of the republican convention, and august is when it's over, and he's probably the nominee. your thoughts. >> exactly. and it's interesting that basically the only cases that -- and they involve money, except for the manhattan d.a.'s case, that have held donald trump accountable involve his pocketbook. the civil fraud case with judge engoron, jean carroll when he was found liable, yes, for sexual assault, which is sexual abuse in new york is sexual assault, and defamation. so those cases. and we don't know the verdict is going to happen in the manhattan d.a.'s case. it's hard to fathom that any one of the nine justices are actually going to rule that trying to overturn the election in several states could be considered an official act. but they took the case. and i can only think they took the case because as a friend of mine said when i said they wouldn't take the case, of course they'r
jack smith has proposed july 8th as a trial date to begin. donald trump and his lawyer have proposed august 2nd. i will note that july 8th is during the month of the republican convention, and august is when it's over, and he's probably the nominee. your thoughts. >> exactly. and it's interesting that basically the only cases that -- and they involve money, except for the manhattan d.a.'s case, that have held donald trump accountable involve his pocketbook. the civil fraud case with judge...
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the judge issued an order to special counsel jack smith's team as well as defense attorneys requesting they submit jury instructions in anticipation of a trial. in her two-page order the judge said prosecutor and defense team must engage with the following competing scenarios. option one is to let a jury examine every record a former president retains at the end of his or her presidency and determine whether or not it's personal, or jurors must be told that, quote, a president has sole authority to categorize records as personal or presidential during his or her presidency. as "the washington post" noted that second hypothetical would appear to be one in which trump seemingly could not be convicted almost under any set of facts of improperly possessing classified documents. >>> and we've got yet another development in a separate trump legal case now. the judge overseeing his hush money case has denied the former president's request to keep two key witnesses from taking the stand. in a court filing last month, trump's legal team sought to block michael cohen and stormy daniels from test
the judge issued an order to special counsel jack smith's team as well as defense attorneys requesting they submit jury instructions in anticipation of a trial. in her two-page order the judge said prosecutor and defense team must engage with the following competing scenarios. option one is to let a jury examine every record a former president retains at the end of his or her presidency and determine whether or not it's personal, or jurors must be told that, quote, a president has sole...
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what are jack smith's options here? >> well, there is a reason you've never seen anything like it. i don't think bradley and i have either. last week, bradley was trying to come up with the best yiddish phrase for this and i have sort of 2m words for you. michigan, which is what this is, because the choice that was given by judge cannon to the parties is to ask jack smith, so please draft a jury instructions seeming that the earth is flat and the second one is please draft a jury instruction assuming that the earth is square. so the second m word is mandamus. mandamus is the ability -- it is not an appeal. it is for extraordinary actions by a district court that so clearly violate the law that you can appeal it right then and there. it is a very tough standard, but at this point, what she did today is so nutty, and so against appointed bradley has been making, which is that the 11th circuit has actually already decided this issue and what she has proposed is against what the 11th circuit is already reversed her on, so i really think to the extent that you think that she is engaging
what are jack smith's options here? >> well, there is a reason you've never seen anything like it. i don't think bradley and i have either. last week, bradley was trying to come up with the best yiddish phrase for this and i have sort of 2m words for you. michigan, which is what this is, because the choice that was given by judge cannon to the parties is to ask jack smith, so please draft a jury instructions seeming that the earth is flat and the second one is please draft a jury...
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and _ deranged jack smith, who is a trump hater and represents— deranged jack smith, who is a trump hater and represents all— deranged jack smith, who is a trump hater and represents all the - deranged jack smith, who is a trump hater and represents all the terms i hater and represents all the terms he hurt _ hater and represents all the terms he hurt his— hater and represents all the terms he hurt his and— hater and represents all the terms he hurt his and he _ hater and represents all the terms he hurt his and he is— hater and represents all the terms he hurt his and he is going - hater and represents all the terms he hurt his and he is going wild. . he hurt his and he is going wild. hes— he hurt his and he is going wild. he'siust — he hurt his and he is going wild. he'siust a — he hurt his and he is going wild. he's just a wild _ he hurt his and he is going wild. he'sjust a wild man. _ he hurt his and he is going wild. he'sjust a wild man. he's - he hurt his and he is going wild. he'sjust a wild man. he's been| he'sjust a wild man. he's been overturned _ he'sjust a
and _ deranged jack smith, who is a trump hater and represents— deranged jack smith, who is a trump hater and represents all— deranged jack smith, who is a trump hater and represents all the - deranged jack smith, who is a trump hater and represents all the terms i hater and represents all the terms he hurt _ hater and represents all the terms he hurt his— hater and represents all the terms he hurt his and— hater and represents all the terms he hurt his and he _ hater and represents all...
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the dates proposed by jack smith is july 8th. donald trump's attorney proposing august 12th saying this thing should not go on even before the election and making the argument for that. eileen kent has indicated that that date will likely not stick because the amount of discovery that trump's attorneys are going to have to go through. when it comes to questions, i thought it was important we talk about this, there is some crossovers that were submitted when it came to the questionnaire. what bumper stickers do you have on your car, and then some differences between what jack smith is submitting when it comes to a jury questionnaire, versus what is being submitted by trump's attorneys. trump's attorneys want to know who you voted for, for instance, in the 2020 election. did you vote? jack smith and his attorneys wanting to know, for instance, do you feel as if trump won the election or who won the election? and i think that's interesting because as i look around here, there is a lot of donald trump supporters sitting around me rig
the dates proposed by jack smith is july 8th. donald trump's attorney proposing august 12th saying this thing should not go on even before the election and making the argument for that. eileen kent has indicated that that date will likely not stick because the amount of discovery that trump's attorneys are going to have to go through. when it comes to questions, i thought it was important we talk about this, there is some crossovers that were submitted when it came to the questionnaire. what...
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jack smith whatever happened to jack smith where is that guy? jack where are you man. jack, is that even a real guy. jack smith a bees jack spratt's wife could eat no fat, no lien, no lien, no lien no lien. please don't take my man. >> greg: jim i still understand the cut the money down to 145 billion who do you right the check to when there's no victim. if they say he has to send the check to new york city that means the money is disappearing. who is the victim i don't get this. >> exactly. >> he also says it's an honor who else would say it's an honor to pay that. he said he would pay it in cash if he has to you know who will show up with pounds of cash. >> greg: 145,000,001-dollar bills. >> and the rest in pennies. >> greg: i think he should do that i think tyrus came up with the idea. >> disney other commercial where he's on the two-dollar bill like actual ones we will pay in that. >> greg: 70, 80, you are them and bears himself. tyrus is this still backfiring and democrats? >> i feel i'm watching old movies were the villains just keep telling you what they are goi
jack smith whatever happened to jack smith where is that guy? jack where are you man. jack, is that even a real guy. jack smith a bees jack spratt's wife could eat no fat, no lien, no lien, no lien no lien. please don't take my man. >> greg: jim i still understand the cut the money down to 145 billion who do you right the check to when there's no victim. if they say he has to send the check to new york city that means the money is disappearing. who is the victim i don't get this. >>...
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>> jack smith is not a superhero, so this idea that he has all kinds of levers he can pull with this court to get them to speed up this trial, that is not the case, he is nothing beyond his advocacy and that april 25th hearing, in order to move this forward. and again, to prevail the supreme court, you need five votes. and this is a conservative 6-3 super majority, and there is a lot going on here. so, you are right, i do think about the court in a broader context, this is a big term for the court, even leaving aside his trunk cases, disqualification, the immunity issue, leaving that to the side, the court had enormous cases about the future of the ministry to state and administrative agencies, there are a number of cases about the post jobs reproductive rights case, we heard one of these cases on this week of mifepristone and regulations, and i think you have to think about all of those different parts in this entire docket for this term to understand what might be going on with regard to the trump cases. so, we saw in that oral argument in the abortion case, hold on with me a momen
>> jack smith is not a superhero, so this idea that he has all kinds of levers he can pull with this court to get them to speed up this trial, that is not the case, he is nothing beyond his advocacy and that april 25th hearing, in order to move this forward. and again, to prevail the supreme court, you need five votes. and this is a conservative 6-3 super majority, and there is a lot going on here. so, you are right, i do think about the court in a broader context, this is a big term for...
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for jack smith to get her recused from the case, it takes a high burden. you have to show that she's biassed and it's rare for an appellant court to remove a judge from the case, but every time you see the rulings and delays that she builds into the case, you have to believe she's getting closer to that line. >> let's go to another case in georgia. trump's legal team started to maneuvering after fani willis was kept on the case. what are they trying to do there? >> donald trump wants to delay that case, and it's going to be delayed past the election anyways. he thinks maybe there's a chance to get her disqualified and that would kill the case and it would get reassigned to the same prosecutor that may not share the same zeal as fani willis. it's something called an interlock tory appeal, and it means you could take the appeal right away instead of waiting until the trial is over. donald trump likes to appeal everything possible, because the longer he can delay things the better his chances of never being put on trial in any of these matters. >> garrett, me
for jack smith to get her recused from the case, it takes a high burden. you have to show that she's biassed and it's rare for an appellant court to remove a judge from the case, but every time you see the rulings and delays that she builds into the case, you have to believe she's getting closer to that line. >> let's go to another case in georgia. trump's legal team started to maneuvering after fani willis was kept on the case. what are they trying to do there? >> donald trump...
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in this instance, both jack smith, for the government, and the former president framed the questions differently, from each other. and it just so happens, that it's itnot unusual, the supreme court framed the question differently than both of those two parties, so as to require briefing and decision on the question that the court itself wants e to decide. now, what is that question? there's been a lot of discussion as to the framing of the question. in my view, a lot of that is a tempest in the teapot. at the end of the day, the court has asked the parties to brief the question that's an issue in the prosecution of the former president. mainly, whether the former president violated the constitution. when he acting, in his official capacity, as then president of the united states, sought to overturn the election in 2020, and obstructed the official proceeding of d the joint sessi of congress to count the electoral votes. that court, of course, can decide that question is narrowly or as broadly as it wishes. but this is a paradigm of a case where the courts will almost certainly decide
in this instance, both jack smith, for the government, and the former president framed the questions differently, from each other. and it just so happens, that it's itnot unusual, the supreme court framed the question differently than both of those two parties, so as to require briefing and decision on the question that the court itself wants e to decide. now, what is that question? there's been a lot of discussion as to the framing of the question. in my view, a lot of that is a tempest in the...
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Mar 12, 2024
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. >> a key hearing in jack smith's classified documents case against trump is set for this thursday. meanwhile, there's also news today on trump's first criminal trial, the hush money case in new york. a trump filing today saying he may blame his lawyers for the criminal chemo, but he'll try to do that without losing the attorney-client privilege. joining me now is joyce vance, former u.s. attorney and msnbc analyst and co-host of the hashtag sisters in law podcast and co-host of the strict scrutiny podcast. two of the very best getting us started this evening. joyce, i'd like to begin with you. for today in the hur hearing, no new evidence was heard. no perry mason moments happened. did anything occur in this hearing to change the fact there's been only one president, former president trump, that is facing criminal charges for mishandling classified documents? >> you know, katie, this hearing underlined the distinction between donald trump and joe biden for anyone who's listening. it's very clear when you read hur's report and when you hear hur repeat his report out loud at the requ
. >> a key hearing in jack smith's classified documents case against trump is set for this thursday. meanwhile, there's also news today on trump's first criminal trial, the hush money case in new york. a trump filing today saying he may blame his lawyers for the criminal chemo, but he'll try to do that without losing the attorney-client privilege. joining me now is joyce vance, former u.s. attorney and msnbc analyst and co-host of the hashtag sisters in law podcast and co-host of the...
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Mar 21, 2024
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there is no legal support for that, but she has put jack smith and a position of trying to draft jury instructions and advance that would posit that question to the jury. i think that it is such a fundamental air and it is it is so to reflective of bias that it does provide a basis you know, not, not a dispositive basis, but it does provide a basis for seeking her recusal. i know that former massachusetts district court judge, nancy gertner, who is very highly regarded by her colleagues and lawyers you had the same reaction that i had and i saw some reporting today where she was suggesting that they seek to recuse her on this basis as well, pointing out that she's just ignoring a raft of equally absurd motions as well persistently delaying this case. >> a month ago, she >> she ordered the identities of witnesses to be disclosed and jack smith pointed out to her that i was just not allowable you know, she's she has decided to dismiss the vagueness challenge to the statute. but to the to the espionage act statute. but has suggested that it might be something that would be addressed in j
there is no legal support for that, but she has put jack smith and a position of trying to draft jury instructions and advance that would posit that question to the jury. i think that it is such a fundamental air and it is it is so to reflective of bias that it does provide a basis you know, not, not a dispositive basis, but it does provide a basis for seeking her recusal. i know that former massachusetts district court judge, nancy gertner, who is very highly regarded by her colleagues and...
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Mar 1, 2024
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so we've got donald trump, jack smith, judge, aileen cannon altogether what was it like in there >> all in the room? judge, aileen cannon had a lot of media things to walk through. she didn't ask that many questions for a hearing that had so many details that they needed to deal with and even trumping in the room in the same place as jack smith. >> it was >> a little bit more a relaxed than in past hearings where i've sat in the courtroom and watched each of these people look at each other or glance at each other, trump appeared to be a lot more relaxing facts than in past hearings. he didn't whisper much with his attorneys as he's done previously. he instead sat there, he listened pretty passively for most of the hearing is the arguments were being made but dana at a couple of points, there were heated arguments being made, especially whenever donald trump's defense lawyer, todd blanche put out on the table what is really the thing that nobody had had wanted to talk about in this case up to that point this morning, and that was this idea. of the election. should this case go to trial b
so we've got donald trump, jack smith, judge, aileen cannon altogether what was it like in there >> all in the room? judge, aileen cannon had a lot of media things to walk through. she didn't ask that many questions for a hearing that had so many details that they needed to deal with and even trumping in the room in the same place as jack smith. >> it was >> a little bit more a relaxed than in past hearings where i've sat in the courtroom and watched each of these people look...
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Mar 3, 2024
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i want to read for you what the new york times is reporting about jack smith. she asked about when smith was going to present the prosecution list. the new york times wrote this -- smith in particular seems shocked by the question and sat up stiff lee in the well of the courtroom, his eyes gone wide in apparent incredulity. there has been a lot of talk specifically in judge aileen cannon's courtroom about -- and other pretrial motions as well in which they talk about the potential harassment of prosecution witnesses. i am wondering if you feel like that is what was playing into this report from the new york times about jack smith's incredulity. >> it sounds like so. they have already requested that some names be withheld from the fence until absolutely necessary. we know that donald trump just has a history of attacking witnesses and prosecutors and judges and juries, so that could be one reason. also, we know that everyone was waiting for a trial date to be announced and one was not at all. there's really no clarity when that case will start. i know there's a
i want to read for you what the new york times is reporting about jack smith. she asked about when smith was going to present the prosecution list. the new york times wrote this -- smith in particular seems shocked by the question and sat up stiff lee in the well of the courtroom, his eyes gone wide in apparent incredulity. there has been a lot of talk specifically in judge aileen cannon's courtroom about -- and other pretrial motions as well in which they talk about the potential harassment of...
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Mar 9, 2024
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jack smith in a new response shreds trumps immunity claims in the classified documents case, calling them frivolous and outlandish. do you think smith's filing is a preview of what he plans to argue before the supreme court in april, even though there are two different cases here? >> so, they are two different cases, and they deal with two different moments in donald trump's tenure as a president and as a former president. so, the events of january 6th, clearly during the course or the end of donald trump's presidency, whereas the mar-a- lago documents case, most of the action there takes place after donald trump is no longer president. that is a really important question for the issue of presidential immunity, because again, the idea that presidents enjoy immunization from legal liability is really because they need to have the time and not be distracted by legal processes while they are actually functioning is present. so the claims of immunity are not as strong in circumstances where the action took place after the presidency was over. donald trump is arguing, though, that in the
jack smith in a new response shreds trumps immunity claims in the classified documents case, calling them frivolous and outlandish. do you think smith's filing is a preview of what he plans to argue before the supreme court in april, even though there are two different cases here? >> so, they are two different cases, and they deal with two different moments in donald trump's tenure as a president and as a former president. so, the events of january 6th, clearly during the course or the...