The Floodgates are Open
3Digest
This podcast episode delves into the ongoing legal battles surrounding former President Donald Trump and his associates, examining the implications of the Supreme Court's immunity decision. The episode begins with an announcement of the podcast's award for best political podcast of 2024, emphasizing its focus on legal matters rather than political commentary. The podcast then explores the fallout from the Supreme Court's immunity decision in the New York criminal case against Trump, discussing the DA's response to Trump's motion to dismiss the convictions. The episode highlights the arguments regarding waiver, official conduct, and harmless error. Next, the podcast shifts to Mark Meadows' petition for Supreme Court review of the 11th Circuit's denial of his motion to remove his Georgia state case to federal court. The episode discusses the delay in filing the petition, the role of Justice Thomas, and the key arguments made by Meadows, including the applicability of the federal officer removal statute to former officials and the distinction between official and unofficial acts. The podcast then explores the potential impact of the Supreme Court's immunity decision on the January 6th case currently before Judge Chutkan. The episode discusses the upcoming factual hearing, the arguments Trump may use to avoid it, and the potential for further delays. The podcast continues by examining the 11th Circuit case challenging Jack Smith's appointment as special counsel, focusing on the scheduling order and the potential for oral arguments to occur after the general election. The episode discusses the possibility of Judge Cannon's removal from the case and the potential for re-indictment by the US attorney in the Southern District of Florida. Finally, the podcast concludes with an invitation to listeners to attend the MSNBC Live Democracy 2024 event in Brooklyn, New York, on September 7th. The episode highlights the event's focus on legal issues impacting the election, including the Trump legal drama.
Outlines
Legal Fallout from Trump Immunity Decision
This episode discusses the ongoing legal battles surrounding former President Donald Trump and his associates, examining the implications of the Supreme Court's immunity decision. The episode begins with an announcement of the podcast's award for best political podcast of 2024, emphasizing its focus on legal matters rather than political commentary.
New York Case Against Trump
The podcast explores the fallout from the Supreme Court's immunity decision in the New York criminal case against Trump, discussing the DA's response to Trump's motion to dismiss the convictions. The episode highlights the arguments regarding waiver, official conduct, and harmless error.
Mark Meadows' Petition for Supreme Court Review
The podcast shifts to Mark Meadows' petition for Supreme Court review of the 11th Circuit's denial of his motion to remove his Georgia state case to federal court. The episode discusses the delay in filing the petition, the role of Justice Thomas, and the key arguments made by Meadows, including the applicability of the federal officer removal statute to former officials and the distinction between official and unofficial acts.
Impact of Immunity Decision on January 6 Case
The podcast explores the potential impact of the Supreme Court's immunity decision on the January 6th case currently before Judge Chutkan. The episode discusses the upcoming factual hearing, the arguments Trump may use to avoid it, and the potential for further delays.
11th Circuit Case on Jack Smith's Appointment
The podcast examines the 11th Circuit case challenging Jack Smith's appointment as special counsel, focusing on the scheduling order and the potential for oral arguments to occur after the general election. The episode discusses the possibility of Judge Cannon's removal from the case and the potential for re-indictment by the US attorney in the Southern District of Florida.
Upcoming MSNBC Live Democracy 2024 Event
The podcast concludes with an invitation to listeners to attend the MSNBC Live Democracy 2024 event in Brooklyn, New York, on September 7th. The episode highlights the event's focus on legal issues impacting the election, including the Trump legal drama.
Keywords
Donald Trump
Former President of the United States, currently facing multiple legal challenges, including criminal charges in New York and Georgia, and investigations related to the January 6th Capitol riot.
Mark Meadows
Former White House Chief of Staff under Donald Trump, currently facing charges in Georgia related to efforts to overturn the 2020 election results. He is seeking Supreme Court review of the denial of his motion to remove his case to federal court.
Jack Smith
Special Counsel appointed to investigate Donald Trump's handling of classified documents and his role in the January 6th Capitol riot. His appointment has been challenged in court, with Judge Cannon ruling that he was not legally appointed.
Immunity Decision
The Supreme Court's decision in Trump v. Vance, which addressed the scope of presidential immunity from criminal prosecution. The decision has had significant implications for ongoing legal challenges against Trump and his associates.
January 6th Case
The criminal case against Donald Trump and his associates related to the January 6th Capitol riot. The case is currently before Judge Chutkan and is expected to have a significant impact on the 2024 election.
Federal Officer Removal Statute
A federal statute that allows federal officers to remove criminal cases against them from state court to federal court if the charges relate to their official acts. Mark Meadows is arguing that this statute applies to former federal officers.
Q&A
What are the key arguments made by Donald Trump's team in the New York case regarding the Supreme Court's immunity decision?
Trump's team argues that the Supreme Court's decision restricts the use of evidence related to official acts, and that the entire indictment was tainted by the inclusion of such evidence. They also argue that a retrial is impossible because the grand jury considered official acts evidence.
What are the key arguments made by Mark Meadows in his petition for Supreme Court review of the 11th Circuit's decision?
Meadows argues that the federal officer removal statute applies to former federal officers, and that the 11th Circuit's decision is the first in 190 years to hold otherwise. He also argues that the district court erred in finding that his actions were not related to his official acts as Chief of Staff.
What are the potential implications of the Supreme Court's immunity decision for the January 6th case?
The decision could lead to further delays in the case, as Trump's team may seek to avoid a factual hearing before the election. The decision could also impact the scope of evidence that is admissible in the case, particularly regarding Trump's communications with state officials.
What are the key issues to watch in the 11th Circuit case challenging Jack Smith's appointment?
The key issues include whether the 11th Circuit will uphold Judge Cannon's ruling that Smith was not legally appointed, and whether Smith will seek to have Judge Cannon removed from the case. The outcome of this case could have significant implications for the ongoing investigations into Trump.
Show Notes
What aspects of a president’s conduct are considered ‘official acts’? This is a live issue in several of Donald Trump’s criminal cases. Veteran prosecutors Andrew Weissmann and Mary McCord detail Manhattan DA Alvin Bragg’s response brief to Donald Trump’s argument that the immunity ruling should impact his New York verdict. Then, they remind us of Mark Meadows’ indictment in Georgia as part of the RICO conspiracy case. Citing the immunity decision, Meadows has now petitioned the Supreme Court to review the previous 11th Circuit denial to move his case from state to federal court. And lastly, after the High Court’s immunity decision, the DC January 6th case heads back to Judge Tanya Chutkan's courtroom later this week, where briefing will begin to sort through what is considered official, versus personal conduct.
And be sure to grab your tickets for Sept 7th: Join fellow fans and viewers for an interactive experience connecting you with MSNBC's most trusted hosts and experts. Rachel Maddow, Steve Kornacki, Jen Psaki, Andrew Weissmann and many more. All in one place. All live on stage. All in one day. https://www.msnbc.com/Democracy2024
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