Live from Highlands, NC: Back to Manhattan
8Digest
This podcast episode delves into the legal complexities surrounding the ongoing criminal cases against former President Donald Trump, focusing on the potential impact of President Biden's reelection and the Supreme Court's recent immunity decision. The hosts, Andrew Weisman and Mary McCourt, discuss the implications of Biden's decision not to run for reelection, highlighting the possibility of him directing the Department of Justice to dismiss federal cases against Trump if reelected. They then analyze the Supreme Court's immunity decision, breaking down the three categories of immunity: core presidential functions, official acts, and unofficial acts. The hosts explain how this decision could affect the Manhattan case against Trump, where his attorneys argue that the immunity ruling prevents the use of official act evidence. They examine the specific arguments made by Trump's attorneys, including challenges to the testimony of Hope Hicks and Madeline Westerhoud, as well as Trump's tweets and public filings. The hosts conclude by discussing the expected decision from Judge Mershon on Trump's motion and the potential next steps in the case, including the possibility of a factual hearing, sentencing, and appeals. They also discuss the potential for the case to reach the Supreme Court.
Outlines
Legal Implications of Biden's Reelection and the Supreme Court's Immunity Decision
This episode explores the potential impact of President Biden's reelection on the ongoing criminal cases against Donald Trump, focusing on the Supreme Court's recent immunity decision and its implications for the Manhattan case.
Biden's Reelection and its Impact on Trump Prosecutions
The hosts discuss President Biden's decision not to run for reelection and its potential impact on the ongoing criminal cases against Donald Trump. They explain that if Biden is reelected, he could direct the Department of Justice to dismiss the federal cases against Trump.
Supreme Court Immunity Decision and its Impact on the Manhattan Case
The hosts delve into the Supreme Court's immunity decision and its specific implications for the Manhattan criminal case against Trump. They discuss the motion filed by Trump's attorneys to have the guilty verdicts set aside based on the immunity ruling.
Understanding the Supreme Court's Immunity Decision
The hosts provide a detailed explanation of the Supreme Court's immunity decision, breaking down the three categories of immunity: core presidential functions, official acts, and unofficial acts. They discuss the implications of each category for presidential conduct and potential prosecutions.
Hope Hicks' Testimony and the Official Acts Argument
The hosts focus on the testimony of Hope Hicks, a former Trump aide, and the argument made by Trump's attorneys that her testimony about conversations with Trump during his presidency constitutes official act evidence. They analyze the specific details of Hicks' testimony and its potential relevance to the Manhattan case.
Other Arguments Made by Trump's Attorneys
The hosts discuss other arguments made by Trump's attorneys in their motion to overturn the Manhattan case verdicts, including challenges to the testimony of Madeline Westerhoud and Trump's tweets and public filings. They analyze the strength of these arguments and their potential impact on the case.
Expected Decision and Next Steps
The hosts conclude by discussing the expected decision from Judge Mershon on Trump's motion and the potential next steps in the case, including the possibility of a factual hearing, sentencing, and appeals. They also discuss the potential for the case to reach the Supreme Court.
Keywords
Donald Trump
Donald John Trump is an American politician, media personality, and businessman who served as the 45th president of the United States from 2017 to 2021. He is a controversial figure known for his business dealings, reality television appearances, and political stances.
Supreme Court
The Supreme Court of the United States is the highest federal court in the country. It has nine justices appointed for life by the president and confirmed by the Senate. The Supreme Court has the power to review laws passed by Congress and state legislatures, and its decisions are binding on all lower courts.
Immunity
Immunity is a legal doctrine that protects individuals from prosecution or civil liability. In the context of the podcast, the Supreme Court's immunity decision refers to the court's ruling on the extent to which a president is immune from prosecution for actions taken while in office.
Manhattan Case
The Manhattan case refers to the criminal case against Donald Trump in New York City, where he was convicted of 34 felony counts of falsifying business records. The case involved allegations that Trump made payments to silence negative stories about him during his 2016 presidential campaign.
Official Acts
Official acts refer to actions taken by a president in their official capacity, such as signing legislation, issuing executive orders, or conducting foreign policy. The Supreme Court's immunity decision established that a president is immune from prosecution for official acts, but not for unofficial acts.
Hope Hicks
Hope Hicks is a former White House communications director for Donald Trump. She testified in the Manhattan case about conversations she had with Trump during his presidency, which Trump's attorneys argued constituted official act evidence.
Judge Mershon
Judge Juan Merchan is the judge presiding over the Manhattan criminal case against Donald Trump. He is responsible for making decisions on motions filed by the parties, including Trump's motion to overturn the guilty verdicts.
Alvin Bragg
Alvin Bragg is the Manhattan District Attorney who brought the criminal charges against Donald Trump. He is responsible for prosecuting the case and arguing against Trump's motion to overturn the verdicts.
Q&A
What is the potential impact of President Biden's decision not to run for reelection on the ongoing criminal cases against Donald Trump?
If Biden is reelected, he could direct the Department of Justice to dismiss the federal cases against Trump. However, this power does not extend to state prosecutions or civil cases.
How does the Supreme Court's immunity decision affect the Manhattan case against Trump?
Trump's attorneys argue that the immunity decision prevents the use of official act evidence in the case, which they claim was introduced at trial. They have filed a motion to have the guilty verdicts set aside based on this argument.
What are the three categories of immunity established by the Supreme Court's decision?
The three categories are: core presidential functions (absolute immunity), official acts (presumptive immunity), and unofficial acts (no immunity). The decision has been criticized for broadly defining what constitutes an official act.
What is the key argument made by Trump's attorneys regarding Hope Hicks' testimony?
They argue that Hicks' testimony about conversations with Trump during his presidency constitutes official act evidence and should not have been admitted at trial.
What are the potential next steps in the Manhattan case?
Judge Mershon will decide on Trump's motion to overturn the verdicts. If he denies the motion, Trump could appeal the decision within the New York system and potentially seek review by the Supreme Court.
Show Notes
On Monday, July 22nd, MSNBC legal analysts Andrew Weissmann and Mary McCord spoke at a live event at the Center for Life Enrichment in Highlands, North Carolina. They touched on President Biden’s historic decision to exit the race, and the legal ramifications it could hold for Trump’s continuing criminal cases. Mary and Andrew also address the question of whether a president can pardon himself, and to what extent. And they detail the reasoning laid out in Trump’s motion to vacate his New York conviction based on the Supreme Court’s decision on presidential immunity, and if any of the arguments hold water.
Note: Listeners can send questions to: ProsecutingTrumpQuestions@nbcuni.com
Table of contents
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