Glenn Kirschner - he’s an NBC News and MSNBC legal analyst and former Assistant U.S. Attorney at the D.C. U.S Attorney's Office. And now you can join him for Justice Matters. Glenn brings analysis and insight to legal issues of the day, drawing from his 30 years as a federal prosecutor, homicide prosecutor, and Army JAG. For three decades, Glenn argued to juries, breaking down complex legal issues in universally understandable and relatable ways. And now, he brings that same approach to his analysis of today's troubled legal landscape - every week on Justice Matters with Glenn Kirschner.
Just as Donald Trump 's COVID lies endangered the lives of the America people, Trump is at it again. Now he's telling lies about the government's response to the hurricanes that have been ravaging some of our southern states - lies that are being debunked by REPUBLICAN MEMBERS OF CONGRESS like North Carolina's Chuck Edwards. And there are Trump supporters who are refusing aid from FEMA because they believe Trump's lies. One such person, as MSNBC reported, has no food and no electricity but will not accept aid from the federal government because he's been listening to the lies of Trump and believes the federal government will take his house if he accepts assistance from FEMA.
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Bob Woodward's new book "War" reveals that after Donald Trump left the presidency he made many calls to Russian president Vladimir Putin.
The Logan Act is a federal law that prohibits private citizens from engaging in diplomacy with foreign countries to try to impact disputes with that country. Notably, if Trump violated the Logan act after he left office, the presidential immunity his Supreme Court Justices gave him will not protect him.
Of course, the Department of Justice would need to investigate Trump and determine if there is enough evidence to prosecute him. DOJ . . . if you're listening . . .
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New reporting reveals that Donald Trump and his administration controlled and constrained the FBI's investigation into the allegations of misconduct by Brett Kavanaugh, and they ignored the 4,500 citizen tips that came in regarding Brett Kavanaugh's unsuitability to be a Supreme Court Justice.
As Axios reported, "Trump White House curtailed Kavanaugh probe, report finds." Glenn discusses the dire consequences of Trump not permitting a full and fair investigation into the allegations and tips regarding Kavanaugh.
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As part of his investigation into Donald Trump's 2020 election subversion crimes, Jack Smith obtained a search warrant for Trump's Twitter/X account information. Smith also obtained a typical nondisclosure order directing that Twitter/X can not disclose to Trump the fact that the feds had seized his account information. This nondisclosure order - which prohibited disclosure to Trump of a period of six months after the execution of the search warrant - is entirely typical to protect ongoing investigations. But Musk challenged the nondisclosure order, claiming that it violated X's First Amendment free speech rights. Well, the US Supreme Court just rebuffed Musk, as reported by CBS news, "Supreme Court won't step into dispute over Jack Smith's efforts to get Trump's X information."
Glenn discusses why the Supreme Court was right to reject Musk's petition for review.
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Special Counsel Jack Smith's mega-brief detailing Donald Trump's election subversion crimes is breathtaking. The first 85 pages - the factual proffer - details all five of Trump's corrupt schemes to steal the 2020 presidency:
1. Having his co-conspirators - his dirty lawyers - file more than 60 bogus lawsuits challenging the election results
2. His pressure campaign on state election officials
3. The fake elector scheme
4. The pressure campaign on Mike Pence
5. The insurrection - launching his angry mob on the US Capitol to try to stop the certifications of the election results
Glenn focuses on the criminal conspiracy to convince Vice President Mike Pence to violate the law and corruptly declare Trump the winner of the 2020 election.
Link to Jack Smith brief:
https://www.politico.com/f/?id=000001...
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Special Counsel Jack Smith's recent court filing details not only the crimes committed by Donald Trump but the crimes committed by his alleged co-conspirators, folks like Rudy Giuliani, John Eastman, Sidney Powell, Kenneth Chesebro, and others. Smith included this information for a reason: the legal doctrine of co-conspirator liability provides that once someone joins a conspiracy, that person can be held criminally responsible for every crime committed by every other member of the conspiracy, provided the crime was a reasonably foreseeable consequence of the nature of the conspiracy. Conspiracy law further provides that every incriminating statement made by every member of the conspiracy is admissible against every other member of the conspiracy if the statements were made during the course of and in furtherance of the conspiracy. Glenn discusses, in English rather than legalese, these two legal principles as they apply to Trump and his co-conspirators, as detailed in Smith's 165-page court filing.
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In anticipation of conducting the litigation the Supreme Court directed her to conduct on the issue of presidential immunity, Judge Tanya Chutkan placed on the public docket Jack Smith's 165-page motion setting out the crimes of Donald Trump and why he is not immune from prosecution.
Smith's motion reads like a 165-page opening statement, showing why Trump should never again be allowed to get within a thousand miles of the Oval Office.
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As the Guardian reported, "Trump condemned for suggesting 'one really violent day' to combat crime."
Donald Trump's only real policy position is that violence is the all-purpose solution to everything he claims ails America. This makes Donald Trump - a defendant on pretrial release in multiple criminal cases and on release pending sentence in yet another criminal case - the consummate danger to people in the United States. Given that the law provides that a defendant on release in a felony case should be detained pending trial, it's inexcusable that the institutions of government have failed to act to address the danger Trump poses to the American people.
Assuming Trump loses the election, might prosecutors and judges FINALLY apply the rule of law and revoke Trump's pretrial and pre-sentence release? Glenn says it's long past due.
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Jim Jordan is STILL in criminal defiance of a subpoena. He violated a subpoena that sought his testimony about the democracy-busting crimes of Donald Trump. But Jordan chose to defy the subpoena and hide the evidence of Trump's crimes from Congress and, by extension, from the American people. Even with all that, Jordan created a "Weaponization of Government Committee" claiming that the Department of Justice is being weaponized AGAINST Republicans. This is an absurd contention given that, in recent months alone the DOJ has prosecuted democrat after democrat: Sen. Bob Menendez, Rep. Henry Cuellar, Hunter Biden, and most Recently New York City Mayor Eric Adams.
Glenn had the interesting experience a few days ago of testifying before Jordan's subcommittee and was attacked by one of Jordan's "henchwomen" Rep. Harriet Hageman. Today's podcast has audio excerpts of the discussion.
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Trump appointed Judge Aileen Cannon did favor after favor for Donald Trump while she was presiding over his Classified Documents/Obstruction of Justice/Espionage case, and was reversed by an appeals court for abusing her discretion and acting in ways the law didn't allow. Then, Cannon dismissed Trump's criminal case contrary to prevailing precedent, which is presently the subject of an appeal by Special Counsel Jack Smith. Now, in a twist that is stranger than fiction, Judge Cannon has been assigned to preside over the criminal case of Ryan Routh, the persons who is charged with an alleged Trump assassination plot. So, the question becomes, should Routh's defense attorney file a motion to remove Cannon from presiding over a case in which Trump is the alleged victim?
Glenn discusses the legal ins and outs of this strange development.
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In rapidly developing events, Special Counsel Jack Smith filed his "oversized motion" detailing all the evidence of Donald Trump's January 6th crimes, and Judge Tanya Chutkan has set an October 1st (at noon) deadline for Trump's lawyers to file any objections to the redactions in Smiths' motion. Thereafter, it appears Judge Chutkan will rule on Trump's objections and then order Smith's brief to be filed on the public docket for all to see. Glenn gives a detailed discussion of these new legal developments and translates the new court filings from Legalese to English.
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