Post-Trial and Pre-Trial
8Digest
This episode of Prosecuting Donald Trump begins with a discussion of Attorney General Merrick Garland's op-ed in the Washington Post, where he addresses unfounded attacks on the Justice Department and the conspiracy theories surrounding the Manhattan case. The episode then delves into the mechanics of sentencing in the New York case, explaining the range of possible sentences and the factors that judges consider. The hosts also discuss the ongoing motions hearings in the Mar-a-Lago case, particularly the motion to dismiss the indictment on the grounds that the special counsel was unlawfully appointed. They highlight the frivolous nature of this motion and the precedent set by previous special counsel investigations. The episode concludes with a brief update on the Georgia case and the Hunter Biden case, setting the stage for further discussion in future episodes.
Outlines
Introduction and Overview
This Chapter introduces the episode and provides an overview of the topics to be discussed, including the Manhattan case, the Mar-a-Lago case, and the Georgia case. The hosts also mention the recent op-ed by Attorney General Merrick Garland addressing unfounded attacks on the Justice Department.
Sentencing in the New York Case
This Chapter delves into the intricacies of sentencing in the New York case, explaining the range of possible sentences and the factors that judges consider. The hosts discuss the differences between federal and state sentencing guidelines and the role of the probation office in preparing pre-sentence reports.
Mar-a-Lago Case Updates
This Chapter provides updates on the Mar-a-Lago case, focusing on the upcoming motions hearings scheduled for June 21st. The hosts discuss the motion to dismiss the indictment on the grounds that the special counsel was unlawfully appointed, highlighting the frivolous nature of this motion and the precedent set by previous special counsel investigations.
Georgia Case and Hunter Biden Case Updates
This Chapter provides brief updates on the Georgia case and the Hunter Biden case. The hosts mention the appeal of the lower court's ruling on the disqualification of Fanny Willis in the Georgia case and the guilty verdicts in the Hunter Biden case.
Keywords
Merrick Garland
Merrick Garland is the 81st and current United States Attorney General. He was nominated by President Joe Biden and confirmed by the Senate on March 10, 2021. Garland is a former judge of the United States Court of Appeals for the District of Columbia Circuit and was nominated by President Bill Clinton to serve on the Supreme Court of the United States in 1995. His nomination was blocked by the Republican-controlled Senate. Garland is known for his experience in law enforcement and his commitment to upholding the rule of law.
Manhattan Case
The Manhattan Case refers to the criminal charges brought against Donald Trump by the Manhattan District Attorney's Office in April 2023. The charges stem from allegations that Trump falsified business records to conceal hush money payments to adult film actress Stormy Daniels during the 2016 presidential election. The case is significant because it is the first criminal case against Trump and could have significant implications for his future political career.
Mar-a-Lago Case
The Mar-a-Lago Case refers to the federal investigation into Donald Trump's handling of classified documents after he left office. The investigation began in 2022 after the National Archives and Records Administration discovered that Trump had taken classified documents to his Mar-a-Lago resort in Florida. The case is significant because it involves allegations of obstruction of justice and could lead to further criminal charges against Trump.
Georgia Case
The Georgia Case refers to the investigation into Donald Trump's efforts to overturn the results of the 2020 presidential election in Georgia. The investigation began in 2021 after a recording of a phone call between Trump and Georgia Secretary of State Brad Raffensperger surfaced, in which Trump pressured Raffensperger to "find" enough votes to overturn the election results. The case is significant because it could lead to criminal charges against Trump and his allies for election interference.
Sentencing
Sentencing is the final stage of a criminal justice process, where a judge determines the punishment for a convicted defendant. The sentence can range from probation to imprisonment, and the judge considers various factors, including the nature of the crime, the defendant's criminal history, and the potential for rehabilitation. Sentencing is a complex process that involves balancing the need for punishment with the need for fairness and justice.
Special Counsel
A special counsel is an independent prosecutor appointed by the Attorney General to investigate a specific matter. Special counsels are typically appointed when there is a conflict of interest or when the Attorney General believes that an independent investigation is necessary. Special counsels have broad investigative powers and are not subject to the direct control of the Attorney General. The appointment of a special counsel is a significant event in the American political system, as it signals that the government is taking a serious look at a particular issue.
Hunter Biden
Hunter Biden is the son of President Joe Biden. He has been the subject of intense scrutiny and media attention, particularly during his father's presidential campaign and presidency. Hunter Biden has faced legal and ethical challenges, including allegations of wrongdoing related to his business dealings in Ukraine and China. The scrutiny of Hunter Biden has been seen by some as an attempt to damage his father's reputation and political career.
Amicus Brief
An amicus brief is a legal document filed by a person or entity who is not a party to a lawsuit but has an interest in the outcome of the case. Amicus briefs provide the court with additional information and arguments that may be relevant to the case. They are often filed by advocacy groups, interest groups, or individuals who believe that the outcome of the case will have a significant impact on their interests. Amicus briefs can be influential in shaping the court's decision.
Gag Order
A gag order is a court order that restricts the parties involved in a legal case from making public statements about the case. Gag orders are typically issued to protect the integrity of the trial process and to prevent the dissemination of information that could prejudice potential jurors. Gag orders can be controversial, as they can limit the public's right to know about important legal proceedings.
Q&A
What are the key points discussed in Attorney General Merrick Garland's op-ed in the Washington Post?
Garland's op-ed addresses unfounded attacks on the Justice Department and the conspiracy theories surrounding the Manhattan case. He specifically criticizes the false claims that the case was controlled by the US Department of Justice, highlighting the dangers of undermining public trust in the judicial process.
What are the main factors that judges consider when sentencing in the New York case?
Judges consider both offense characteristics and offender characteristics. Offense characteristics include the seriousness of the crime, the defendant's role in the offense, and whether the crime involved a breach of trust. Offender characteristics include the defendant's criminal history, their character, and any mitigating factors such as mental health issues or a history of abuse.
What is the basis for the motion to dismiss the indictment in the Mar-a-Lago case?
The motion argues that the special counsel, Jack Smith, was unlawfully appointed, violating both the appointment's clause and the appropriations clause of the Constitution. The hosts argue that this motion is frivolous and has been repeatedly rejected in previous special counsel investigations.
What are the key updates on the Georgia case and the Hunter Biden case?
The Georgia court of appeals has stayed the case against Donald Trump and those who made the motion for disqualification of Fanny Willis, pending an appeal. In the Hunter Biden case, all three counts were found guilty, which the hosts believe will be an interesting topic for future discussion in terms of the rule of law and the contrast between Joe Biden and Donald Trump.
Show Notes
Former President Trump awaits his sentencing in New York, but he wants the gag order lifted in the meantime. Is that typical? Veteran prosecutors Andrew Weissmann and Mary McCord break down that motion, and the mechanics of sentencing in the lead up to July 11th. They also highlight Attorney General Merrick Garland’s recent op-ed calling for an end to escalated assaults on our judicial system in the wake of Trump’s verdict in Manhattan. Last up, Andrew and Mary scrutinize Judge Cannon’s schedule revisions for several motions in Florida documents case, and analyze the significance of Georgia racketeering case being stayed pending appeal.
Further reading: Here is Attorney General Merrick Garland’s OpEd in the Washington Post that Andrew and Mary spoke about: Opinion- Merrick Garland: Unfounded attacks on the Justice Department must end
Note: Listeners can send questions to: ProsecutingTrumpQuestions@nbcuni.com
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