Trigger Avenue
6Digest
This episode of Prosecuting Donald Trump focuses on the latest developments in the legal cases against Donald Trump. The episode begins with a discussion of the gag order in the Manhattan case, where Trump's attorneys are arguing that the order should be terminated now that the trial is over. Mary McCord and Andrew Weissman discuss the arguments made by both sides and the potential implications of the gag order for Trump's upcoming presidential debates. The episode then shifts to the Mar-a-Lago case, where special counsel Jack Smith has moved to modify Trump's conditions of release to oppose a gag order. The episode explores the legal arguments surrounding this motion and the potential for an appeal. The episode also delves into the motion to suppress evidence in the Mar-a-Lago case, where Trump's attorneys are arguing that the search warrant was based on intentionally false or recklessly misleading statements. The episode examines the legal standards for challenging a search warrant and the specific arguments made by Trump's attorneys. Finally, the episode discusses the upcoming Supreme Court decision in the Fisher case, which could have implications for the obstruction of justice charges against Trump in the January 6 case. The episode concludes with a discussion of the potential impact of the Fisher case on the January 6 charges and the broader implications for the legal cases against Trump.
Outlines
Introduction
This Chapter introduces the episode and the topics that will be discussed, including the gag order in the Manhattan case, the Mar-a-Lago case, and the upcoming hearings on the motion to suppress evidence.
Motion to Suppress Evidence in the Mar-a-Lago Case
This Chapter delves into the motion to suppress evidence in the Mar-a-Lago case, where Trump's attorneys are arguing that the search warrant was based on intentionally false or recklessly misleading statements. The chapter examines the legal standards for challenging a search warrant and the specific arguments made by Trump's attorneys.
Crime Fraud Exception
This Chapter discusses the crime fraud exception to attorney-client privilege, which is being raised by Trump in the Mar-a-Lago case. The chapter explains the legal basis for the exception and provides examples of how it has been applied in other cases.
Judge Cannon's Handling of the Case
This Chapter provides insights into Judge Cannon's handling of the Mar-a-Lago case, highlighting her tendency to grant Trump's requests for extensions and her seemingly uneven application of justice.
The Fisher Case and its Potential Impact
This Chapter discusses the upcoming Supreme Court decision in the Fisher case, which could have implications for the obstruction of justice charges against Trump in the January 6 case. The chapter explains the potential impact of the Fisher case on the January 6 charges and the broader implications for the legal cases against Trump.
Keywords
Gag Order
A legal order that restricts parties involved in a legal case from making public statements that could prejudice the case. In the context of the Manhattan case, the gag order was issued to protect witnesses and jurors from undue influence.
Mar-a-Lago
The private club and residence of Donald Trump located in Palm Beach, Florida. The Mar-a-Lago case involves allegations that Trump illegally retained classified documents after leaving office.
Motion to Suppress
A legal motion filed by a defendant in a criminal case to exclude evidence from being admitted at trial. In the Mar-a-Lago case, Trump's attorneys are arguing that the evidence seized during the search warrant should be suppressed because the warrant was based on false or misleading statements.
Crime Fraud Exception
An exception to attorney-client privilege that allows the government to compel an attorney to testify about communications with a client if the communications were made in furtherance of a crime or fraud. In the Mar-a-Lago case, Trump is arguing that the crime fraud exception does not apply to the testimony of his attorneys.
Fisher Case
A case before the Supreme Court that involves the interpretation of the obstruction of justice statute. The case could have implications for the obstruction of justice charges against Trump in the January 6 case.
Presidential Records Act
A federal law that governs the preservation and access to presidential records. Trump's attorneys have argued that the Presidential Records Act should be applied to the Mar-a-Lago case, but the government has argued that the law is not relevant.
Obstruction of Justice
A crime that involves interfering with the administration of justice. In the January 6 case, Trump is charged with obstruction of an official proceeding, which refers to the meeting of Congress to certify the electoral college ballots.
Attorney-Client Privilege
A legal doctrine that protects confidential communications between an attorney and their client. The crime fraud exception is an exception to this privilege.
Evan Corcoran
One of Trump's attorneys who was subpoenaed to testify before a grand jury in the Mar-a-Lago case. The government argued that the crime fraud exception applied to Corcoran's testimony.
Judge Aileen Cannon
The federal judge presiding over the Mar-a-Lago case. Cannon has been criticized for her handling of the case, particularly her tendency to grant Trump's requests for extensions and her seemingly uneven application of justice.
Q&A
What are the main arguments being made by Trump's attorneys in the Manhattan case regarding the gag order?
Trump's attorneys argue that the gag order should be terminated because the trial is over and there is no longer a clear and present danger to the administration of justice. They also argue that the gag order will stifle Trump's ability to speak freely as a presidential candidate during debates.
What is the legal basis for Jack Smith's motion to modify Trump's conditions of release in the Mar-a-Lago case?
Smith argues that Trump's statements about the use of force by federal agents during the Mar-a-Lago search warrant have created a danger to law enforcement and that modifying Trump's conditions of release is necessary to ensure their safety.
What are the four arguments being made by Trump's attorneys in the Mar-a-Lago case regarding the motion to suppress evidence?
Trump's attorneys argue that the affidavit supporting the search warrant omitted material information, including the fact that some FBI agents favored seeking Trump's consent to search Mar-a-Lago, that presidents don't need security clearances, that the FBI had begun investigating the 15 boxes of documents returned to the archivist, and that the affidavit did not cite the definition of personal records under the Presidential Records Act.
What is the crime fraud exception to attorney-client privilege, and how does it apply to the Mar-a-Lago case?
The crime fraud exception allows the government to compel an attorney to testify about communications with a client if the communications were made in furtherance of a crime or fraud. In the Mar-a-Lago case, the government is arguing that the exception applies to the testimony of Trump's attorneys, Evan Corcoran and another attorney, because they were involved in efforts to conceal classified documents.
What is the Fisher case, and why is it relevant to the legal cases against Trump?
The Fisher case involves the interpretation of the obstruction of justice statute. The Supreme Court's decision in this case could have implications for the obstruction of justice charges against Trump in the January 6 case, particularly the charge of obstruction of an official proceeding.
What are the potential implications of the Fisher case for the January 6 charges against Trump?
If the Supreme Court restricts the interpretation of the obstruction of justice statute to only apply to tampering or altering documents or tangible evidence, it could affect some of the January 6 charges against Trump, but not all of them. However, even if the charges are affected, it is unlikely that all of the January 6 rioters who were charged with obstruction of justice will be exonerated because they were also charged with other felonies.
What are some of the concerns about Judge Cannon's handling of the Mar-a-Lago case?
Judge Cannon has been criticized for her tendency to grant Trump's requests for extensions, her seemingly uneven application of justice, and her willingness to grant Trump's requests even when they are made on the day they are due. These actions have raised concerns about her impartiality and her commitment to a fair trial.
What are the key takeaways from this episode of Prosecuting Donald Trump?
This episode highlights the ongoing legal battles surrounding Trump, including the gag order in the Manhattan case, the Mar-a-Lago case, and the upcoming hearings on the motion to suppress evidence. The episode also discusses the upcoming Supreme Court decision in the Fisher case, which could have implications for the obstruction of justice charges against Trump in the January 6 case. The episode concludes with a discussion of the potential impact of the Fisher case on the January 6 charges and the broader implications for the legal cases against Trump.
Show Notes
This week, MSNBC legal analysts Andrew Weissmann and Mary McCord dive deep into several pending motions, including Jack Smith’s pre-trial motion to modify Trump's conditions of release in the Florida documents case, which would effectively impose a gag order, just under a different legal principle. Plus: Trump’s push to end the post-trial gag order in New York. And what's at issue in the suppression motion also filed in Florida that Judge Cannon will hear next Tuesday. Last up: a preview of Fischer v. United States, a pending Supreme Court case that could have a trickle-down effect on Trump’s DC case.
Note: Listeners can send questions to: ProsecutingTrumpQuestions@nbcuni.com
Table of contents
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