There’s been significant action in New York as Judge Juan Merchan denied one of Donald Trump’s motions to dismiss his 34-count verdict- this one based on the Supreme Court’s presidential immunity decision. After a noteworthy amount of speed reading several filings, MSNBC legal analysts Andrew Weissmann and Mary McCord break down Merchan’s rationale, highlighting the specifics of his multi-layered legal reasoning. Then, they turn to another fully briefed pending dismissal motion, this one based on the temporary immunity a sitting president is granted  while serving. 

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Within the 80-page motion filed last week to dismiss Donald Trump’s New York criminal case, there’s a long list of grievances laid out by his legal team. MSNBC legal analysts Andrew Weissmann and Mary McCord underscore some of the substantive arguments as to why a sitting president might find a pending case constricting, reasoning that there are aspects that could interfere with effective functioning of the presidency. But they also illuminate how these merits are buried deep within pages of hyperbole of alleged unfairness to the president-elect, prompting Andrew to ask, in terms of the facts, “Where’s the beef?” Then they turn to some analysis of a letter written by incoming Senate Judiciary Chair Chuck Grassley, which calls out current FBI Director Christopher Wray with a personal vote of no confidence. 

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In person together at 30 Rock, veteran prosecutors Andrew Weissmann and Mary McCord use their combined expertise in FBI and Justice Department standards to lay plain how far outside the norm the incoming president is aiming, by flouting a congressionally mandated 10-year appointment of an FBI Director and naming loyalist Kash Patel to replace Christopher Wray. Then, they take a beat to reflect on President Biden’s unexpected pardon of his son Hunter and remind listeners of several active January 6th civil cases brought against Donald Trump  that may provide the only litigation of his actions after the 2020 election. Also, on Monday, Trump’s brief was due in New York as to why his case should be dismissed based on the immunity of a sitting president. At the time of this recording, it had not yet hit the docket, but Andrew and Mary review the stakes and Judge Merchan’s denial of delaying the filing.

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As the Special Counsel winds down the DC criminal case and the Florida appeal, veteran prosecutors Mary McCord and Andrew Weissmann analyze the strategy behind getting a dismissal without prejudice before Donald Trump takes office, while dispelling the notion that Jack Smith “folded” in any way. Then, they head to New York to break down the nuance of Judge Merchan’s decision to postpone Trump’s sentencing, as he accepts briefing on a motion to dismiss the case that both parties agreed to. And before wrapping up, Mary and Andrew review some of the presumptive nominees Trump has named for top Justice Department posts, and the contrast of working on behalf of a client versus working on behalf of the Constitution.

A note to listeners: Since we recorded, the 11th U.S. Circuit Court of Appeals also granted Special Counsel Jack Smith’s request to dismiss that appeal without prejudice.

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Even after the New York DA’s position with respect to a dismissal of Donald Trump’s New York case was filed, there are lingering questions about what happens next with his other criminal cases as he begins his transition back to power and unveils his cabinet nominees. MSNBC legal analysts Mary McCord and Andrew Weissmann give an insider’s perspective on what a final report in the DC case might look like from Special Counsel Jack Smith, as is a requirement within the special counsel rules. What will it encapsulate? And will it be made public? Next up: a few cases involving J6 rioters have been denied a stay, while others have had their trials postponed, but an overarching theme is that Trump's immunity should not extend to these defendants. And finally, Mary and Andrew ‘nerd out’ on the Constitutional process of how a recess appointment works, why the early framers thought it necessary, and how the president-elect is angling to use it to avoid the Senate’s long held role of advice and consent when it comes to political appointees.  

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

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

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

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

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

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

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

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

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

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