DiscoverProsecuting Donald Trump‘A Dessert Topping and a Floor Wax’
‘A Dessert Topping and a Floor Wax’

‘A Dessert Topping and a Floor Wax’

Update: 2024-06-257
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Digest

The episode begins with a recap of the ongoing legal battles surrounding former President Trump, including the special counsel investigation and the Mar-a-Lago case. The hosts discuss the hearings before Judge Cannon in Fort Pierce, Florida, focusing on the constitutionality of the special counsel's appointment, the appropriateness of his funding, and the suppression of evidence. They also discuss DA Bragg's response to Trump's request to remove the gag order in the Manhattan case. The episode then delves into the concept of a special counsel, explaining its independence and supervision under the special counsel regulations. The hosts discuss the ongoing debate about Judge Cannon's experience and potential bias, highlighting the concerns raised by other judges about her handling of the case. The episode also covers the hearing on the motion to modify the conditions of release in the Mar-a-Lago case, where the government attorney faced difficulties with Judge Cannon. The hosts discuss the potential impact of the Supreme Court's decisions on immunity and the Fisher obstruction case, and explore the implications for the ongoing legal battles. The episode concludes with an announcement about an upcoming MSNBC Live Democracy 2024 event in New York City.

Outlines

00:00:00
Introduction and Recap

This Chapter introduces the episode and provides a recap of the ongoing legal battles surrounding former President Trump, including the special counsel investigation and the Mar-a-Lago case. The hosts discuss the hearings before Judge Cannon in Fort Pierce, Florida, focusing on the constitutionality of the special counsel's appointment, the appropriateness of his funding, and the suppression of evidence. They also discuss DA Bragg's response to Trump's request to remove the gag order in the Manhattan case.

00:01:40
Special Counsel and Judge Cannon

This Chapter delves into the concept of a special counsel, explaining its independence and supervision under the special counsel regulations. The hosts discuss the ongoing debate about Judge Cannon's experience and potential bias, highlighting the concerns raised by other judges about her handling of the case.

00:20:24
Motion to Modify Conditions of Release

This Chapter covers the hearing on the motion to modify the conditions of release in the Mar-a-Lago case, where the government attorney faced difficulties with Judge Cannon. The hosts discuss the potential impact of the Supreme Court's decisions on immunity and the Fisher obstruction case, and explore the implications for the ongoing legal battles.

00:39:57
Supreme Court Decisions and Implications

This Chapter discusses the potential impact of the Supreme Court's decisions on immunity and the Fisher obstruction case, and explores the implications for the ongoing legal battles. The hosts address listener questions about the potential for a pocket veto and the timeline for a trial.

00:50:59
MSNBC Live Democracy 2024 Event

This Chapter concludes the episode with an announcement about an upcoming MSNBC Live Democracy 2024 event in New York City.

Keywords

Special Counsel
A special counsel is an independent prosecutor appointed by the Attorney General to investigate and prosecute a specific case or matter. They are typically appointed when there is a conflict of interest or a need for greater independence from the Department of Justice. Special counsels have broad investigative powers and are not subject to the day-to-day supervision of the Attorney General or other DOJ officials. They are, however, subject to certain oversight mechanisms, such as the requirement to file urgent reports and the Attorney General's ability to request explanations for investigative or prosecutorial steps.

Judge Cannon
Judge Aileen Cannon is a United States District Judge for the Southern District of Florida. She was appointed by former President Donald Trump in 2020. Judge Cannon has been criticized for her handling of the Mar-a-Lago case, particularly her rulings on the special counsel's appointment and the suppression of evidence. Some have argued that her rulings are based on a lack of experience and a potential bias towards Trump. Others have defended her rulings, arguing that she is simply applying the law as she sees it.

Mar-a-Lago
Mar-a-Lago is a private club and resort owned by former President Donald Trump in Palm Beach, Florida. It was the subject of a search warrant executed by the FBI in August 2022 as part of the investigation into the handling of classified documents. The search warrant and subsequent legal battles have been highly controversial, with Trump and his supporters accusing the Justice Department of political persecution.

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 often used to protect the rights of the accused, prevent the jury from being influenced by outside information, and ensure the fairness of the trial. In the context of the Trump cases, gag orders have been sought to prevent Trump and his allies from making statements that could potentially endanger witnesses or law enforcement officials.

Presidential Immunity
Presidential immunity is a legal doctrine that protects the president from being sued or prosecuted for actions taken in their official capacity. The scope of presidential immunity is a matter of ongoing debate, with some arguing that it extends to all official acts, while others argue that it is limited to certain types of actions. The Supreme Court is currently considering the issue of presidential immunity in the context of the January 6th case, and its decision could have significant implications for the future of presidential accountability.

January 6th
January 6th, 2021, was the day that a mob of Trump supporters stormed the United States Capitol Building in an attempt to overturn the results of the 2020 presidential election. The attack resulted in multiple deaths and injuries, and it led to a number of criminal investigations and prosecutions. The January 6th Committee, a select committee of the House of Representatives, conducted a year-long investigation into the attack and issued a report detailing its findings. The Justice Department is currently conducting a criminal investigation into the attack, and it has already indicted a number of individuals, including former Trump aides and members of the Proud Boys and Oath Keepers.

Manhattan Case
The Manhattan case refers to the criminal investigation into former President Donald Trump by the Manhattan District Attorney's Office. The investigation is focused on allegations of financial fraud and campaign finance violations. Trump has denied any wrongdoing and has repeatedly attacked the investigation as politically motivated. The case is currently ongoing, and it is unclear whether Trump will be charged with any crimes.

Affirmative Action
Affirmative action is a set of policies and practices intended to increase opportunities for historically disadvantaged groups, such as racial minorities and women. Affirmative action programs can take many forms, including preferential hiring, college admissions, and government contracting. Affirmative action has been a controversial topic for decades, with some arguing that it is necessary to address systemic discrimination, while others argue that it is unfair and discriminatory.

MSNBC
MSNBC is a cable news channel owned by NBCUniversal. It is known for its liberal political leanings and its coverage of current events, politics, and culture. MSNBC has a number of popular programs, including "Morning Joe," "The Rachel Maddow Show," and "All In with Chris Hayes." The channel also produces a number of podcasts, including "Prosecuting Donald Trump" and "How to Win 2024."

Brooklyn Academy of Music
The Brooklyn Academy of Music (BAM) is a performing arts center located in Brooklyn, New York City. It is known for its eclectic programming, which includes dance, theater, music, and film. BAM is a major cultural institution in New York City, and it hosts a variety of events throughout the year.

Q&A

  • What are the key arguments being made in the hearings before Judge Cannon?

    The key arguments being made in the hearings before Judge Cannon revolve around the constitutionality of the special counsel's appointment, the appropriateness of his funding, and the suppression of evidence. Trump's attorneys are arguing that the special counsel is too independent to be appointed by the Attorney General and that his funding is improper. They are also seeking to suppress evidence that they claim is privileged or irrelevant.

  • What are the concerns about Judge Cannon's experience and potential bias?

    Concerns about Judge Cannon's experience and potential bias stem from her relatively short tenure on the bench and her rulings in the Mar-a-Lago case. Some judges have expressed concerns about her lack of experience in handling complex legal matters and her tendency to rule in favor of Trump. Others have argued that her rulings are simply a reflection of her legal interpretation and that she is not biased.

  • What is the potential impact of the Supreme Court's decisions on immunity and the Fisher obstruction case?

    The Supreme Court's decisions on immunity and the Fisher obstruction case could have a significant impact on the ongoing legal battles surrounding Trump. If the Court rules that Trump has immunity from criminal liability for official acts, it could significantly weaken the special counsel's investigation and potentially derail the January 6th case. If the Court rules that Trump does not have immunity, it could pave the way for a trial and potentially lead to criminal charges.

  • What are the potential scenarios for the January 6th case after the Supreme Court's decisions?

    The potential scenarios for the January 6th case after the Supreme Court's decisions depend on the Court's rulings on immunity and the Fisher obstruction case. If the Court rules that Trump has immunity, it could significantly weaken the special counsel's investigation and potentially derail the January 6th case. If the Court rules that Trump does not have immunity, it could pave the way for a trial and potentially lead to criminal charges. The Court's decision on the Fisher obstruction case could also have a significant impact on the case, as it could determine whether Trump can be charged with obstructing justice.

  • What is the significance of DA Bragg's response to Trump's request to remove the gag order in the Manhattan case?

    DA Bragg's response to Trump's request to remove the gag order in the Manhattan case is significant because it reflects the ongoing tension between the First Amendment right to free speech and the need to protect witnesses and the integrity of the legal process. Bragg's decision to maintain the gag order with respect to jurors and court staff, while lifting it for witnesses, is a balancing act that seeks to protect the rights of all parties involved.

  • What is the significance of the reporting that two judges asked Judge Cannon to recuse herself from the Mar-a-Lago case?

    The reporting that two judges asked Judge Cannon to recuse herself from the Mar-a-Lago case is significant because it highlights the concerns that other judges have about her handling of the case. The fact that she refused to recuse herself suggests that she is not willing to step aside, even when other judges believe that her continued involvement could undermine the integrity of the court.

  • What is the significance of Judge Cannon's decision not to use the magistrate judge in the Mar-a-Lago case?

    Judge Cannon's decision not to use the magistrate judge in the Mar-a-Lago case is significant because it suggests that she is not interested in moving the case along efficiently or impartially. The magistrate judge is a neutral party who can help to expedite the case and ensure that all parties are treated fairly. By refusing to use the magistrate judge, Judge Cannon is potentially delaying the case and creating the appearance of bias.

  • What is the significance of the announcement about the MSNBC Live Democracy 2024 event?

    The announcement about the MSNBC Live Democracy 2024 event is significant because it highlights the importance of political discourse and engagement in the upcoming election. The event will bring together journalists, experts, and the public to discuss the most pressing issues of our time and to explore the potential outcomes of the election.

Show Notes

There has been a slew of hearings before Judge Aileen Cannon in the Florida documents case over the past few days, and veteran prosecutors Andrew Weissmann and Mary McCord examine why some of these seem like unnecessary delays. Then, why Manhattan D.A. Alvin Bragg is asking for the limited gag order to continue in New York as Donald Trump awaits sentencing. And lastly, Mary and Andrew game out some scenarios as we hurry up and wait for the Supreme Court to decide on presidential immunity.

Also, an exciting announcement! On Saturday, September 7th, MSNBC will be hosting a live event in Brooklyn called “MSNBC Live: Democracy 2024”. It will be your chance to hear thought-provoking conversations about the most pressing issues of our time, and to do so in person with some of your favorite MSNBC hosts. You can also take part in a sit-down dinner for an insider’s view of the upcoming election. Visit https://www.msnbc.com/DEMOCRACY2024 to learn more.

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‘A Dessert Topping and a Floor Wax’

‘A Dessert Topping and a Floor Wax’

Mary McCord, Andrew Weissmann