The Disinformation Campaign
6Digest
Mary and Andrew discuss the aftermath of Donald Trump's conviction, reflecting on the post-trial adrenaline rush and the shift back to normalcy. They then delve into debunking misinformation surrounding the trial, addressing claims of a rigged system, the Supreme Court's involvement, and the political motivations behind the prosecution. They highlight the independent nature of the Department of Justice and the lack of evidence for any pressure or collusion from the federal government. They also address the scheduling of the sentencing date, emphasizing that it was proposed by Trump's lawyer, Todd Blanche. Moving on to the Mar-a-Lago case, they discuss Jack Smith's refiled motion to modify Trump's conditions of release, aiming to prevent statements that could incite violence against law enforcement. They highlight the judge's decision to require a response from Trump's attorneys by June 14th, emphasizing the potential for further delays. They also touch upon the ongoing motion to dismiss based on the alleged unconstitutional appointment of the special counsel, highlighting the judge's decision to allow amicus briefs and supplemental briefing on the appropriations clause. Finally, they address listener questions, including the technicality of Trump's conviction status, the potential for him to serve his sentence immediately after sentencing, and the implications of his conviction on other cases.
Outlines
Introduction and Post-Trial Reflections
This Chapter begins with Mary and Andrew welcoming listeners back to the podcast. They discuss the post-trial period, comparing it to the adrenaline rush and routine changes experienced after any trial. They acknowledge the deflated feeling that comes with the trial's conclusion and the return to normalcy.
Debunking Misinformation: The Rigged System
This Chapter focuses on debunking misinformation surrounding the trial. Mary and Andrew address claims that the trial was rigged, a scam, and undermined the rule of law. They emphasize the importance of maintaining confidence in the criminal justice system and highlight the need for reforms that address systemic issues without undermining the system's legitimacy.
Debunking Misinformation: The Supreme Court's Role
This Chapter addresses the claim that the Supreme Court should intervene in the ongoing state criminal prosecution. Mary clarifies that there is no mechanism for the Supreme Court to step in at this stage, as the case has not yet reached the point of appeal within the state system. She outlines the various stages of appeal, emphasizing that the Supreme Court's involvement is highly limited and unlikely at this point.
Debunking Misinformation: The Sentencing Date
This Chapter addresses the claim that Judge Mershon scheduled the sentencing date for political reasons. Mary and Andrew refute this claim, stating that the date was proposed by Trump's lawyer, Todd Blanche, and agreed upon by the judge. They highlight the hypocrisy of complaining about a date that was chosen at the defendant's request.
Debunking Misinformation: Weaponization of the Federal Government
This Chapter addresses the claim that the prosecution was politically motivated and instigated by Joe Biden or the Department of Justice. Mary and Andrew debunk this claim, emphasizing that the prosecution was a state case led by Alvin Bragg, who is independent of the federal government. They highlight the lack of evidence for any pressure or collusion from the federal government and point to the ongoing prosecutions of a Democratic senator and Biden's son as evidence of the Department of Justice's independence.
Debunking Misinformation: Trump's Testimony
This Chapter addresses the claim that Donald Trump was prevented from testifying due to a gag order. Mary and Andrew clarify that Trump had the right to testify and was not prevented from doing so by the gag order. They emphasize that the decision not to testify was a personal one made by Trump himself.
Debunking Misinformation: Tailor-Made Case
This Chapter addresses the claim that the case was tailor-made for Donald Trump. Mary and Andrew refute this claim, emphasizing that every criminal prosecution is tailored to fit the specific facts and laws applicable to the defendant's alleged conduct. They highlight the use of the fraudulent business records statute, which is a common tool in New York prosecutions, and the clear identification of the underlying crime as a violation of New York election law.
Mar-a-Lago Case: Motion to Modify Conditions of Release
This Chapter focuses on the ongoing Mar-a-Lago case and Jack Smith's refiled motion to modify Trump's conditions of release. Mary and Andrew discuss the judge's initial denial of the motion due to insufficient conferral with the defense and the subsequent refiled motion that includes a certification of conferral and a statement from Trump's team. They highlight the judge's decision to set June 14th as the date for Trump's response, raising questions about the potential for further delays and the judge's stance on the request for a pretrial services report.
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 was born and raised in the New York City borough of Queens and received an economics degree from the Wharton School of the University of Pennsylvania. Trump entered the family's real-estate business in 1971, renamed it The Trump Organization, and expanded its operations from Queens and Brooklyn into Manhattan. The company built or renovated skyscrapers, hotels, casinos, and golf courses. Trump later started various side ventures, mostly by licensing his name. Trump and his businesses have been involved in more than 4,000 state and federal legal actions, including six bankruptcies. Trump entered the 2016 presidential race as a Republican and defeated 16 other candidates in the primaries. His political positions have been described as populist, protectionist, isolationist, and nationalist. He won the general election against Democratic nominee Hillary Clinton, despite losing the popular vote. Trump's presidency was marked by controversy, including his policies on immigration, trade, and foreign policy. He was impeached by the House of Representatives in 2019 for abuse of power and obstruction of Congress, but was acquitted by the Senate. He was impeached again in 2021 for inciting the January 6th attack on the U.S. Capitol, but was again acquitted by the Senate. Trump remains a controversial figure, but he remains a powerful force in American politics.
Mar-a-Lago
Mar-a-Lago is a private club and estate in Palm Beach, Florida, owned by former U.S. President Donald Trump. It was built in 1927 by cereal heiress Marjorie Merriweather Post and was later purchased by Trump in 1985. The estate is known for its opulent architecture and its lavish social events. It has been the subject of controversy, including allegations of security breaches and violations of the Presidential Records Act. In 2022, the FBI executed a search warrant at Mar-a-Lago as part of an investigation into the handling of classified documents. The search warrant was authorized by a federal judge and was based on probable cause that evidence of a crime could be found at the estate. The search warrant was executed in a highly publicized manner, and the incident has been the subject of intense political debate.
Special Counsel
A special counsel is a lawyer appointed by the U.S. Attorney General or the Deputy Attorney General to investigate and prosecute a specific case or 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. They are appointed to ensure the independence and integrity of the investigation and to protect the public interest. Some notable examples of special counsels include Robert Mueller, who investigated Russian interference in the 2016 election, and Kenneth Starr, who investigated President Bill Clinton's involvement in the Whitewater scandal.
Fake-Electric Scheme
The fake-electric scheme refers to a series of efforts to overturn the results of the 2020 presidential election in Wisconsin. These efforts involved the submission of fraudulent electors, who claimed to be the legitimate electors for Wisconsin, despite the fact that Joe Biden won the state. The scheme was orchestrated by Trump allies, including attorneys Kenneth Chesbro and Jim Troopers, and Trump aide Mike Roman. The Wisconsin Attorney General, Josh Kaul, has filed felony forgery charges against these individuals for their roles in the scheme. The fake-electric scheme is part of a broader pattern of efforts to overturn the results of the 2020 election, which have been widely condemned as an attack on American democracy.
Alvin Bragg
Alvin Bragg is the current District Attorney for Manhattan, New York. He was elected in 2021 and is the first Black person to hold this position. Bragg is a former federal prosecutor and has a reputation for being a progressive reformer. He has pledged to focus on criminal justice reform, including reducing mass incarceration and addressing racial disparities in the criminal justice system. Bragg has been criticized by some for his handling of certain cases, including the prosecution of Donald Trump. However, he has also been praised for his commitment to justice and his efforts to make the criminal justice system more equitable.
Jack Smith
Jack Smith is a career prosecutor who was appointed as the special counsel to investigate Donald Trump's handling of classified documents and his efforts to overturn the 2020 election. Smith is known for his experience in investigating and prosecuting complex white-collar crimes. He previously served as the chief of the Public Integrity Section at the Department of Justice, where he oversaw investigations into corruption and public integrity offenses. Smith is considered to be a highly skilled and experienced prosecutor, and his appointment as special counsel has been widely seen as a significant development in the investigations into Donald Trump.
Todd Blanche
Todd Blanche is a prominent criminal defense attorney who has represented Donald Trump in several legal matters, including the Mar-a-Lago case. Blanche is known for his aggressive defense tactics and his ability to navigate complex legal issues. He has a reputation for being a skilled negotiator and a tough adversary in the courtroom. Blanche's representation of Trump has been the subject of much scrutiny, particularly in light of the allegations against Trump. However, Blanche has maintained that he is committed to providing his client with the best possible defense.
Judge Mershon
Judge Juan Merchan is the New York State Supreme Court judge who presided over the criminal trial of Donald Trump in Manhattan. He is known for his fair and impartial rulings, and he has been praised for his handling of the high-profile case. Judge Merchan is a veteran judge with a long history of presiding over criminal trials. He is known for his meticulous attention to detail and his commitment to ensuring that all parties receive a fair trial. Judge Merchan's rulings in the Trump case have been closely watched by legal experts and the public alike.
Judge Cannon
Aileen Cannon is a federal judge who has been criticized for her rulings in the Mar-a-Lago case. She is a Trump-appointed judge who has been accused of being biased in favor of Trump. Cannon's rulings have been seen as overly favorable to Trump, and they have been challenged by the Department of Justice. Cannon's handling of the case has been the subject of much debate and controversy, and her rulings have been widely criticized by legal experts.
Jim Jordan
Jim Jordan is a Republican congressman from Ohio who has been a vocal supporter of Donald Trump. He is known for his aggressive questioning of witnesses during congressional hearings and his willingness to challenge the legitimacy of investigations into Trump. Jordan has been a key figure in the Republican Party's efforts to undermine the investigations into Trump, and he has been accused of using his position to advance Trump's political agenda. Jordan's actions have been widely criticized by Democrats and some Republicans, who have accused him of being a partisan hack.
Q&A
What are some of the key points of misinformation surrounding Donald Trump's conviction that Mary and Andrew address in this episode?
Mary and Andrew address several points of misinformation, including claims that the trial was rigged, that the Supreme Court should intervene, that the sentencing date was politically motivated, and that the prosecution was instigated by Joe Biden or the Department of Justice. They debunk these claims, emphasizing the independent nature of the Department of Justice and the lack of evidence for any pressure or collusion from the federal government.
What is the current status of Jack Smith's motion to modify Donald Trump's conditions of release in the Mar-a-Lago case?
Jack Smith's motion was initially denied by the judge due to insufficient conferral with the defense. However, after conferring with Trump's attorneys, Smith refiled the motion, including a certification of conferral and a statement from Trump's team. The judge has set June 14th as the date for Trump's response, raising questions about the potential for further delays and the judge's stance on the request for a pretrial services report.
What is the argument being made in the motion to dismiss the Mar-a-Lago case based on the alleged unconstitutional appointment of the special counsel?
The motion argues that the appointment of Jack Smith as special counsel violates the appointments clause of the U.S. Constitution. This argument has been raised and rejected in previous cases involving special counsels, including the Robert Mueller investigation. However, the judge in the Mar-a-Lago case has not yet ruled on this motion and has allowed amicus briefs and supplemental briefing on the appropriations clause.
What is the technicality surrounding Donald Trump's conviction status?
Technically, under both federal and New York law, a person is not considered convicted until they have been sentenced. While Trump has been found guilty by a jury, he is not technically convicted until the imposition of sentence, which is scheduled for July 11th. Additionally, a conviction is not considered final until all appeals are exhausted.
What are the potential implications of Donald Trump's conviction on other cases?
Some lawyers have argued that Trump's conviction could violate his bail conditions in other cases, such as those in Washington D.C., Georgia, and Florida. However, Mary and Andrew clarify that this is not the case, as the conduct that led to the conviction occurred before Trump was on bail. They emphasize that bail conditions are based on the potential for future criminal conduct, not past convictions.
What is the likelihood that Donald Trump will be required to serve his sentence immediately after sentencing?
Mary and Andrew believe that it is unlikely that Trump will be required to serve his sentence immediately after sentencing. They argue that the judge will likely allow him to remain free pending appeal, particularly given his status as a presidential candidate. However, they acknowledge that if Trump engages in further contemptuous conduct, particularly attacks on the jurors, the judge could impose a separate penalty.
Show Notes
It’s been less than a week since the jury reached a verdict in Donald Trump’s criminal trial and the political spin on the result is dizzying. MSNBC legal analysts Andrew Weissmann and Mary McCord seek to debunk several claims entered into the public discourse, especially around the Department of Justice being involved in a state case and that the trial was somehow ‘rigged’. They also address some breaking news out of Wisconsin, where Kenneth Chesebro, Jim Troupis and Michael Roman were criminally charged in that state's fake elector scheme. Then, Andrew and Mary review the latest in Florida after Special Counsel Jack Smith refiled his motion to bar Trump from making statements that endanger law enforcement.
Note: Listeners can send questions to: ProsecutingTrumpQuestions@nbcuni.com
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