Stays and Delays
3Digest
This episode of Prosecuting Donald Trump delves into the latest developments in the January 6th case, focusing on the release of a redacted appendix with exhibits and the criticism surrounding Jack Smith's immunity motion. The hosts address concerns about the motion's alleged violation of DOJ policy and the 60-day rule, clarifying the DOJ's policies and norms surrounding election-related investigations. They argue that Smith's actions were in compliance with these guidelines. The episode also explores the spread of disinformation regarding FEMA's disaster relief efforts in the aftermath of Hurricane Helene, particularly in Western North Carolina. The hosts highlight the dangers of these falsehoods, including threats against government officials and the potential for election interference. A listener question about the Logan Act and whether Trump's meeting with Victor Orban violated the act is addressed. The hosts explain the act's provisions and its historical lack of enforcement, concluding that while the meeting could potentially be a violation, it's unlikely to result in charges. Finally, the hosts discuss a listener question about the potential for the 11th Circuit Court of Appeals to recuse Judge Cannon from the classified documents case due to her handling of the assassination plot case against Trump. They conclude that while it's possible, it's unlikely, as there's no legal precedent preventing a judge from presiding over both cases.
Outlines
Prosecuting Donald Trump: January 6th Case Update and Disinformation
This episode discusses the latest developments in the January 6th case, including the release of a redacted appendix with exhibits. The hosts address criticism of the immunity motion filed by Jack Smith and the issue of disinformation related to the federal government's response to Hurricane Helene.
DOJ Policy and Election Interference: A Discussion
The hosts delve into the criticism of Jack Smith's immunity filing, specifically regarding its alleged violation of DOJ policy and the 60-day rule. They clarify the DOJ policies and norms surrounding election-related investigations and argue that Smith's actions were in compliance.
Disinformation and the FEMA Response to Hurricane Helene
The hosts discuss the spread of disinformation regarding FEMA's disaster relief efforts in the aftermath of Hurricane Helene, particularly in Western North Carolina. They highlight the dangers of these falsehoods, including threats against government officials and the potential for election interference.
The Logan Act and Trump's Meeting with Victor Orban
The hosts address a listener question about the Logan Act and whether Trump's meeting with Victor Orban violated the act. They explain the act's provisions and its historical lack of enforcement, concluding that while the meeting could potentially be a violation, it's unlikely to result in charges.
Judge Cannon's Role in Multiple Cases: A Listener Question
The hosts discuss a listener question about the potential for the 11th Circuit Court of Appeals to recuse Judge Cannon from the classified documents case due to her handling of the assassination plot case against Trump. They conclude that while it's possible, it's unlikely, as there's no legal precedent preventing a judge from presiding over both cases.
Keywords
Immunity Motion
A legal motion filed by a defendant seeking to be shielded from prosecution based on their official capacity or position. In this case, Donald Trump's attorneys argued that his actions as President were protected by presidential immunity.
Disinformation
False or misleading information that is deliberately spread to deceive or manipulate people. In this context, it refers to the spread of false claims about FEMA's disaster relief efforts and the government's response to Hurricane Helene.
60-Day Rule
An informal DOJ norm that discourages prosecutors from taking actions that could affect an election within 60 days of the election date. This rule is not a formal policy but is often cited by commentators.
Logan Act
A federal law that prohibits unauthorized citizens from engaging in correspondence or intercourse with foreign governments to influence their actions in relation to disputes with the United States.
Recusal
The act of a judge withdrawing from a case due to a potential conflict of interest or bias. In this context, the listener question asks whether Judge Cannon should be recused from the classified documents case due to her handling of the assassination plot case.
Q&A
What are the DOJ policies and norms surrounding election-related investigations, and how do they apply to Jack Smith's immunity filing?
The DOJ has a policy prohibiting prosecutors from timing actions to affect an election. There's also an informal 60-day rule discouraging actions that could appear to influence an election. However, these policies don't apply to ongoing cases where an indictment has already been filed. Smith's filing was in compliance with these policies and norms.
What are the potential consequences of the spread of disinformation about FEMA's disaster relief efforts in the aftermath of Hurricane Helene?
The spread of disinformation can lead to threats against government officials, undermine public trust in government institutions, and potentially influence the outcome of elections. It's crucial to rely on credible sources of information and to be aware of the dangers of misinformation.
What is the Logan Act, and why is it unlikely that Trump will face charges for his meeting with Victor Orban?
The Logan Act prohibits unauthorized citizens from engaging with foreign governments to influence their actions in relation to disputes with the United States. While Trump's meeting could potentially be a violation, the act has rarely been enforced and has never resulted in a conviction.
Could Judge Cannon be recused from the classified documents case due to her handling of the assassination plot case against Trump?
While it's possible, it's unlikely that Judge Cannon would be recused. There's no legal precedent preventing a judge from presiding over both cases, and Trump has not sought her recusal. The 11th Circuit Court of Appeals has other reasons to either keep her on the case or remove her.
Show Notes
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:
Prosecuting Donald Trump in the Shows - News & Politics category.
Into America presents: Uncounted Millions in the Limited Series & Specials - Money & Finance category and Limited Series & Specials - News & Politics categories.
Want to listen to this show without ads? Sign up for MSNBC Premium on Apple Podcasts. As a subscriber you’ll also be able to get occasional bonus content from this and other shows.
Table of contents
United States
