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smith wanted to happen, jack smith's goal is he wants this trial to occur. is there still any possibility that this trial occurs before the election? >> absolutely. jack smith his goal is to make sure trial happened before the election, because if donald trump becomes president on day one, he will and this prosecution as the president has the power to do, to call off any prosecution, including one of himself. drums goal is exact reverse, which is to delay this trial until january 20th, hope he wins, and then if he wins, nullify the prosecution. i still think there's absolutely time for this trial to happen, it should happen, the american people deserve to know what donald trump did with these extremely sensitive classified and otherwise documents. i can tell you before i was in the solicitor general's office, i was national security advisor to the justice department. and we saw cases like this, and maybe not with these number of extreme documents, but more minor ones, and of course those people went to jail. of course they were prosecuted and the prosecution
smith wanted to happen, jack smith's goal is he wants this trial to occur. is there still any possibility that this trial occurs before the election? >> absolutely. jack smith his goal is to make sure trial happened before the election, because if donald trump becomes president on day one, he will and this prosecution as the president has the power to do, to call off any prosecution, including one of himself. drums goal is exact reverse, which is to delay this trial until january 20th,...
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one is the argument that jack smith makes about the presidential records act. but the other one is this idea that the judge seems to be considering giving you -- that would be to the wall. the president can do x, y, z. it is not a vague law about the presidential records act. >> that is exactly right. what smith did was take both of your points and basically say in legal terms, you know, a whole bunch of stuff. it all boils down to, look, judge cannon. we've had enough already. basically saying to her, you are getting this totally wrong. you are delaying things and risking a double jeopardy acquittal. as joyce says, that we are going to mandamus you. which to say, you are so wrong, we will take this to an immediate appeal, and seeing the removal as a judge in the case. when i ran the general office, which is the office that controls all federal appeals from across the country. they will come to me and asked for that. saying, look, this judge is totally out of line. we have to file this. be patient, let the system play out. when you have a judge who is repeatedl
one is the argument that jack smith makes about the presidential records act. but the other one is this idea that the judge seems to be considering giving you -- that would be to the wall. the president can do x, y, z. it is not a vague law about the presidential records act. >> that is exactly right. what smith did was take both of your points and basically say in legal terms, you know, a whole bunch of stuff. it all boils down to, look, judge cannon. we've had enough already. basically...
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and so, that is what the dilemma is for jack smith tonight. yes, he won this, you know, he won this formally, but i guarantee you, there is no one on the special counsel's office that is celebrating tonight. >> yeah, and i would even lower the bar to anyone that has spent 20 minutes reading the sp internet on the presidential records act and where it comes from and why it exists. and i just want to read smith in this filing, because he makes this point clear and then mary, ask about what his options are. you know, his office right, if the court concludes that they have carte blanche to remove any documents than any documents so removed must be treated as a personal record under the pra as an unreviewable matter of law, and that, also as a matter of law s former president is forever authorized to possess such a document regardless of how highly classified it may be and how it is stored. that would constitute a court clearly erroneous jury instruction that entails a high probability of failure a prosecution and the government must be provided wi
and so, that is what the dilemma is for jack smith tonight. yes, he won this, you know, he won this formally, but i guarantee you, there is no one on the special counsel's office that is celebrating tonight. >> yeah, and i would even lower the bar to anyone that has spent 20 minutes reading the sp internet on the presidential records act and where it comes from and why it exists. and i just want to read smith in this filing, because he makes this point clear and then mary, ask about what...
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jack smith's brief to the supreme court attacks every immunity claim donald trump makes. jack smith said, the president's constitutional duty to take care that the laws be faithfully executed does not entail a general right to violate them. petitioners suggest that unless a criminal statute expressly names the president, the statute does not apply. that radical suggestion, which would free the president from virtually all criminal law, even crimes such as bribery, murder, treason, and sedition, is unfounded. jack smith's brief stressed that donald trump is the only president in history who believes in presidential immunity. jack smith wrote, the framers never endorsed criminal immunity for a former president , and all presidents from the founding to the modern era have known that after leaving office, they faced potential criminal liability for official acts. the closest historical analog as president nixon's official conduct in watergate, and his acceptance of a pardon implied his and president ford's recognition that a former president was subject to prosecution. the ab
jack smith's brief to the supreme court attacks every immunity claim donald trump makes. jack smith said, the president's constitutional duty to take care that the laws be faithfully executed does not entail a general right to violate them. petitioners suggest that unless a criminal statute expressly names the president, the statute does not apply. that radical suggestion, which would free the president from virtually all criminal law, even crimes such as bribery, murder, treason, and sedition,...
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maybe they can't do that one, right, i will say jack smith's filings never disappoint. i always find his filings to be very plain english and ratable and he's straight to the point. >> they are the best legal reading you could ask for. the clarity, the simplicity of concept, that is constantly being delivered and then, the huge import of it all, every time you read one, you know you are holding history in your hands. >> exactly. >>> for donald trump's entire life, before becoming a politician, he was a strong, strong supporter of abortion, verging on an enthusiast. he was the kind of guy who would say, what are we going to do about this, when a woman told him he impregnated her. he told that story in 2004. on howard stern's radio show. he said you know all the time it was like excuse me, what happened? and i said, well, what are we going to do about this? she said are you serious, it's the most beautiful day of our lives, i said, oh great. and now, donald trump's most ignored child, tiffany trump, has that story of her birth, that lives publicly with her, for her entire
maybe they can't do that one, right, i will say jack smith's filings never disappoint. i always find his filings to be very plain english and ratable and he's straight to the point. >> they are the best legal reading you could ask for. the clarity, the simplicity of concept, that is constantly being delivered and then, the huge import of it all, every time you read one, you know you are holding history in your hands. >> exactly. >>> for donald trump's entire life, before...
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remember, she is the one who asked jack smith to opine on the presidential records act. she on her own said this bizarro, two different jury instructions, to both sides and said, comment on them, please, so smith did what he was told, he said what every lawyer believes, which is the presidential records act has nothing to do with it, and then she calls it unprecedented and unjust. at this point, i've certainly seen enough. i think my guess is the prosecution has seen enough, maybe they'll checkboxes and go with the motion and leblanc, but this is going to the 11th circuit. >> mr. tribe, what about that? is one route more likely than the other? >> i think that even though i completely agree, with neal, that asking her to do what i think she must be asked to do, namely take this off the table, decide now that the presidential records act has nothing to do with it. even though it's futile, sometimes it's important to check a box. despite the fact that you know what is going to happen, the reason it's important is that there are some judges on the 11th circuit who will say s
remember, she is the one who asked jack smith to opine on the presidential records act. she on her own said this bizarro, two different jury instructions, to both sides and said, comment on them, please, so smith did what he was told, he said what every lawyer believes, which is the presidential records act has nothing to do with it, and then she calls it unprecedented and unjust. at this point, i've certainly seen enough. i think my guess is the prosecution has seen enough, maybe they'll...
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jack smith was very clear about this. jack smith said, we will lose. you are prejudicing the prosecution, because you are giving the defense an opportunity to argue a law that doesn't apply here. the jury will be compelled to find former president trump not guilty. that seems to me in a series of options, this motion, the best option. judge cannon made it clear so far that she thinks in some way this defense applies. she would likely rule that that defense applies, and then jack smith could take it up on appeal. as you know, all of this is still a victory for former president trump if he can continue to delay this trial. as you pointed out, it seems very, very unlikely that we will have a trial before the november election. >> on each of these instances, instead of just asking for a brief, she's asking for hearings. that further delays. she's scheduling hearings. in many cases, some of the lawyers say that's unnecessary, the lawyers in jack smith's office. in terms of doing something with the 11th circuit, you are practicing -- you are familiar with th
jack smith was very clear about this. jack smith said, we will lose. you are prejudicing the prosecution, because you are giving the defense an opportunity to argue a law that doesn't apply here. the jury will be compelled to find former president trump not guilty. that seems to me in a series of options, this motion, the best option. judge cannon made it clear so far that she thinks in some way this defense applies. she would likely rule that that defense applies, and then jack smith could...
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cnn's evan perez has the latest so jack smith criticize former president trump's immunity argument is novel and sweeping. what else does he say in this filing? >> that's right, anderson, jack smith says that the president's the former president's claim to have this broad immunity has no basis in the constitution in certainly it doesn't have any basis in the nation's history and in the principle that no one, including precedence is above the law region, just part of what this 60 plus page filing from the special counsel also says. they say he wrote he says the president's constitutional duty to take care that the laws be faithfully executed does not entail a general right to violate them. he goes on to say, the framers never endorsed criminal immunity for a former president and all presidents from the founding two the modern era have known that after leading, leaving office, they faced potential criminal liability for official acts. now, former president trump anderson has claimed that if this prosecution is allowed to go forward, this is going to impair the presidency forever, includi
cnn's evan perez has the latest so jack smith criticize former president trump's immunity argument is novel and sweeping. what else does he say in this filing? >> that's right, anderson, jack smith says that the president's the former president's claim to have this broad immunity has no basis in the constitution in certainly it doesn't have any basis in the nation's history and in the principle that no one, including precedence is above the law region, just part of what this 60 plus page...
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everyone knows that, and jack smith knows that. whatever you're going to do here, don't do that. even though they can do it if they want to make sure it doesn't happen before the election. >> if they were to remand and ask -- and suggest that the judge has to apply some sort of test and review the allegations and make some sort of ruling in advance of trial, that is something that he undoubtedly would appeal again, and that is to your point, making it really impossible to get to trial. i think they are right in the arguments they are making, and it reminds me of the arguments we saw up in new york, where the d.a. alvin bragg case were mr. trump tried to argue, there are things alleged here in the statement of fact that i am charged with that are part of my official acts. and what the d.a. there said was, you can have evidence of official act that is evidence of your violation of law. you just can't be prosecuted, potentially, may be, for your acts. >> i thought this was well stated in the brief. even assuming that a foreign president is entitled, that immunity should not be held
everyone knows that, and jack smith knows that. whatever you're going to do here, don't do that. even though they can do it if they want to make sure it doesn't happen before the election. >> if they were to remand and ask -- and suggest that the judge has to apply some sort of test and review the allegations and make some sort of ruling in advance of trial, that is something that he undoubtedly would appeal again, and that is to your point, making it really impossible to get to trial. i...
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and jack smith addresses this writing. the absence of any prosecutions of former president's until this case does not reflect the understanding that presidents are immune from criminal liability. and instead underscores the unprecedented nature of petitioners alleged conduct. these are essentially saying there's just hasn't been a former president like trump exactly and the fact that no other president has tried to overturn an election in which he lost doesn't mean that you get a free pass when you actually do try to overturn the i mean, the idea that donald trump is different, that this conduct is different from any other president, former president is at the heart of this case. and the idea that because trump has done something so novel and so awful that he gets away with it is something that i don't think the supreme court is really going to in commissioning your former january 6 colleague, liz cheney said, are your generous six committee colleague said recently, that is very important members of the supreme court >> re
and jack smith addresses this writing. the absence of any prosecutions of former president's until this case does not reflect the understanding that presidents are immune from criminal liability. and instead underscores the unprecedented nature of petitioners alleged conduct. these are essentially saying there's just hasn't been a former president like trump exactly and the fact that no other president has tried to overturn an election in which he lost doesn't mean that you get a free pass when...
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so she styles this as a win for the prosecutor for jack smith. but nobody is celebrating tonight because this order tees up future mischief that she can engage in. in particular, she is refusing to give the prosecution a clean order on the presidential records act which should have been so easy because as larry tribe just said, of course nobody thinks that the presidential records act has anything one whit to do with this. no responsible lawyer i think could make that argument with a straight face and no one has. so then the question is, what does smith do about it? and there's two options for smith really. one is as larry said is to file a motion in limine and go to the trial court again. go back to cannon and say please exclude before the trial everything about the presidential records act. because it just doesn't apply. the other is to file this piece of paper known as a writ of mandamus going straight to the court of appeals and saying this decision is so out of whack that you know, you should just, you should hear the case right away before
so she styles this as a win for the prosecutor for jack smith. but nobody is celebrating tonight because this order tees up future mischief that she can engage in. in particular, she is refusing to give the prosecution a clean order on the presidential records act which should have been so easy because as larry tribe just said, of course nobody thinks that the presidential records act has anything one whit to do with this. no responsible lawyer i think could make that argument with a straight...
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so i want to read something else from jack smith it's filing he wrote federal criminal law applies. the president petitioner suggested unless a criminal statute expressly names the president, the statute does not apply that radical suggestion in which would free the president from virtually all criminal law, even crimes such as bribery, murder, treasonous addition, is unfounded. do you think that's enough for this report? >> i think the bras god trump claim that he is absolutely immune from all criminal charges relating to when he was president. that's never going to win that. that is not a tenable argument and i think jack smith's argument there makes it makes it pretty clear. the problem for the government, the problem for the justice department jack smith here is this idea that there may be some areas of presidential conduct that are in fact off limit and the district court has to have a hearing to decide whether this case implicates that that would delay this trial well into next year, and you you could tell in reading the government's brief that they're concerned about that the
so i want to read something else from jack smith it's filing he wrote federal criminal law applies. the president petitioner suggested unless a criminal statute expressly names the president, the statute does not apply that radical suggestion in which would free the president from virtually all criminal law, even crimes such as bribery, murder, treasonous addition, is unfounded. do you think that's enough for this report? >> i think the bras god trump claim that he is absolutely immune...
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so, what jack smith is saying, it is time. you have got to make a decision, you need to make a decision probably, well in advance of trials so that if you get it is wrong again, we need to take this up to the 11th circuit. >> that is an important point. the interpretation is ludicrous and immaterial to law that controls the espionage act, this is national defense information plain as day, and had it, so there you go. we asked for it back and you did not give it to us. let's talk about the new york case, harry, i want to come back to you. judge rochon doing the opposite of judge cannon in this sense, which is ruling on this sort of immunity hail mary. he basically said that he waited too long to raise the issue that was so clearly last-minute . he denied trump's motion to deny the trial start date until the "rules on this claim in the federal case in washington, d.c. all of that aims to me, april 15th, as of now, is that your understanding? >> exactly right. and it is more than that. remember, this is what he was able to levera
so, what jack smith is saying, it is time. you have got to make a decision, you need to make a decision probably, well in advance of trials so that if you get it is wrong again, we need to take this up to the 11th circuit. >> that is an important point. the interpretation is ludicrous and immaterial to law that controls the espionage act, this is national defense information plain as day, and had it, so there you go. we asked for it back and you did not give it to us. let's talk about the...
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. >>> we turn now to donald trump tonight, and special counsel jack smith signaling his frustration with the florida judge overseeing the classified documents case. smith calling a key decision by the judge, quote, fundamentally flawed. here's pierre thomas. >> reporter: tonight, in an extraordinary filing, special counsel jack smith increasingly frustrated with the florida judge's handling of the classified documents case, urging her to move the trial along. smith bluntly telling judge aileen cannon -- who was appointed by donald trump -- that her decision to even consider trump's claim that he could just declare classified documents to be his personal papers was "fundamentally flawed." smith's unusually critical language came in response to judge cannon's suggestion that she might instruct the jury to take into account trump's claims that the classified documents were his personal property. smith writing that such a "legal premise is wrong" and "would distort the trial." and he's urging judge cannon to explain her position as soon as possible, making it clear he is ready to appeal to a
. >>> we turn now to donald trump tonight, and special counsel jack smith signaling his frustration with the florida judge overseeing the classified documents case. smith calling a key decision by the judge, quote, fundamentally flawed. here's pierre thomas. >> reporter: tonight, in an extraordinary filing, special counsel jack smith increasingly frustrated with the florida judge's handling of the classified documents case, urging her to move the trial along. smith bluntly...
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. >>> special counsel jack smith and donald trump have until midnight tonight to respond to an order from judge aileen cannon with their proposed jury instructions in the criminal case against donald trump for his alleged illegal retention of classified documents and his obstruction of efforts by the government to get them back. judge cannon has already said she's considering giving an instruction to jurors that is essentially donald trump's defense in the case, a president has sole authority under the presidential records act to categorize records as personal or presidential during his or her presidency. judge cannon has yet to rule on new proposed dates for the trial to begin, fueling concerns that jack smith's proposed july start might not happen. in a paperless order today, judge cannon ordered donald trump and his co-defendants in the documents case to file a speedy trial report by friday, saying, the report shall include defendants positions on all excludable time from the speedy trial. and expressly indicate any defendants current assertion or waiver of speedy trial rights, wi
. >>> special counsel jack smith and donald trump have until midnight tonight to respond to an order from judge aileen cannon with their proposed jury instructions in the criminal case against donald trump for his alleged illegal retention of classified documents and his obstruction of efforts by the government to get them back. judge cannon has already said she's considering giving an instruction to jurors that is essentially donald trump's defense in the case, a president has sole...
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and special counsel jack smith, expressing frustration with judge aileen cannon new filing late tuesday, smith's team said cannon had ordered briefings based on a fundamentally flawed legal premise that had no basis in law or fact by sincere thanks to the president for his nomination. prosecutors harshly criticizing the trump appointed judges request for hypothetical the cold jury instructions. she asked both sides to take into account the former president's claim that he had broad authority to take classified documents under the presidential records act, >> whatever documents are president decides to take with him, he has the right to do so. it's an absolute right. >> prosecutors have repeatedly said that law is not relevant because trump is accused of obstruction and storing highly classified material in a bathroom and other unsecure locations at his florida estate. prosecutors also point out that telling a jury that trump had the authority to take records he wanted from the white house would make get nearly impossible to secure a conviction. prosecutors insist that legal premise is w
and special counsel jack smith, expressing frustration with judge aileen cannon new filing late tuesday, smith's team said cannon had ordered briefings based on a fundamentally flawed legal premise that had no basis in law or fact by sincere thanks to the president for his nomination. prosecutors harshly criticizing the trump appointed judges request for hypothetical the cold jury instructions. she asked both sides to take into account the former president's claim that he had broad authority to...
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smith has an option and i wonder if yes thought about it he could actually achieve what he wants to achieve , as sleazy as i think it is trying to mainly get a down and dirty conviction before the election if he did the following, a fee tomorrow had the grand jury reindict donald trump only charging private acts not acts that are immunized trump's own lawyer acknowledged publicly on the record that it would be constitutional permissible to indict and try a president for private acts and of the indictment as it exists today is a combination of jumble really of private acts and public acts so jack smith would probably have the option of going back and getting a new indictment and thereby moving the supreme court decision by simply taking the position that trump's lawyer made and using it as the basis for prosecuting he may lose that case obviously because i don't know whether there is enough in the private act to warrant a criminal prosecution but that is an option that i know i don't think he knew else has thought of so far that jack smith could do i don't want to put any ideas in hi
smith has an option and i wonder if yes thought about it he could actually achieve what he wants to achieve , as sleazy as i think it is trying to mainly get a down and dirty conviction before the election if he did the following, a fee tomorrow had the grand jury reindict donald trump only charging private acts not acts that are immunized trump's own lawyer acknowledged publicly on the record that it would be constitutional permissible to indict and try a president for private acts and of the...
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official act, because jack smith's point is, that would be all factual and that can be dealt with at trial. >> again the elephant in the room is everyone knows the clock is ticking. everyone knows that it remands the judge to reconsider all of this would kill it before the election. and everyone knows that. and jack smith knows that and said you don't have to do that, like whatever you are going to do here, don't do that even though they can do it if they want to make sure it doesn't happen before the election. >> if they were to remand and suggest that the judge has to apply some sort of test and review the allegations and make some sort of ruling in advance of trial, that's something that he undoubtedly would appeal again and that's to your point, it would make it really impossible to go to trial. and they are right in the argument they're making. it reminds me of what we saw up in the new york da, the alvin brad case went from tried to argue, hey, there are things here alleged in the statement of facts that i'm charged with that are part of my official act, and what the da said wa
official act, because jack smith's point is, that would be all factual and that can be dealt with at trial. >> again the elephant in the room is everyone knows the clock is ticking. everyone knows that it remands the judge to reconsider all of this would kill it before the election. and everyone knows that. and jack smith knows that and said you don't have to do that, like whatever you are going to do here, don't do that even though they can do it if they want to make sure it doesn't...
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now, it's a little bit confusing in a late night filing overnight, jack smith all but challenged the judge, aileen cannon, to make a binding decision on a central the point in the case in time for him to then contest it namely her order for both sides to proposed jury instructions they're centered on the presidential records act, which the former president is repeatedly said, will exonerate him now, the special counsel's filing calls that seemingly trump-friendly order fundamentally flawed and ask it's for a quick ruling before the trial on how to apply the act, quoting now, it is vitally important that the court promptly decide whether the unstated legal premise underlying the recent order does in the court's view, represents a correct formulation of the law. jack smith adds, the government must have the opportunity to consider appellate review well, before for jeopardy attaches, that wouldn't that means is that if the issue is not decided before the trial starts in the form, prison is acquitted on that disputed legal basis. it would be impossible to challenge that acquittal because
now, it's a little bit confusing in a late night filing overnight, jack smith all but challenged the judge, aileen cannon, to make a binding decision on a central the point in the case in time for him to then contest it namely her order for both sides to proposed jury instructions they're centered on the presidential records act, which the former president is repeatedly said, will exonerate him now, the special counsel's filing calls that seemingly trump-friendly order fundamentally flawed and...
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so what else did she say >> what anderson she was pushing back at the special counsel, jack smith. i mean, look, the back-and-forth between the special counsel, between the government and the judge has gotten downright sassy, right tonight. today, she pushed metal legal it might as well be in this case. and look, i mean, things are getting definitely spicy because she definitely realized that the special counsel was criticizing her for the way she's handled this case, especially because she's refusing to actually say whether donald trump can you use the presidential records act a post nixon law to essentially claim that he had the right to take these documents when he left the presidency, when he left the presidency to take him back to mar-a-lago. and so by the fact that she's not doing that, it means that that issue is still alive. and so what she's doing here is she's letting that continue. but she pushes back. let me point let me read you just a part of what she she wrote in this two-page order she says the courts ordered soliciting preliminary draft instructions on certain coun
so what else did she say >> what anderson she was pushing back at the special counsel, jack smith. i mean, look, the back-and-forth between the special counsel, between the government and the judge has gotten downright sassy, right tonight. today, she pushed metal legal it might as well be in this case. and look, i mean, things are getting definitely spicy because she definitely realized that the special counsel was criticizing her for the way she's handled this case, especially because...
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certainly jack smith's latest filing was much more pointed. there's no basis whatsoever to the presidential records act. he's saying and make a decision so that that we can we can appeal. and that was it was appointed filing much less pointed than i've seen in my career as a judge, but that's what he needs to do because otherwise, really this trial, if and when it takes place will be chaos just chaos. >> david, what stops it from being cast? i mean, if it's going down this road are your guess is as good as mine. it's really hard. she hasn't put any structure here she hasn't really you need to establish who's running the courtroom and she hasn't done that. and in fact, an inviting the parties to do jury charge just at this stage. that's like asking them, can you please give me the law for dummies or cliff's notes on the law because i don't know what it is. maybe you can help me figure it out and so i think that whole package is just kinda sets a tone and he sees an opportunity there of butter in her up i mean, the other judges yeah. he's gone a
certainly jack smith's latest filing was much more pointed. there's no basis whatsoever to the presidential records act. he's saying and make a decision so that that we can we can appeal. and that was it was appointed filing much less pointed than i've seen in my career as a judge, but that's what he needs to do because otherwise, really this trial, if and when it takes place will be chaos just chaos. >> david, what stops it from being cast? i mean, if it's going down this road are your...
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but, they used a grand jury, jack smith did to get that information. she said that is why we need a trial. a trial would be the first solution but your solution is the second best one, which would allow the evidence to get before the american people. >> mike pence, take the stand. tell us what happened. all of the, bill barr, take the stand. eric hirschman, lawyer in the white house, take the stand. it is at least a way, it is not a full trial but it is a hearing and that is a way at least to get some of the evidence before the public. >> andrew, do you agree with me that all nine justices, there wasn't a justice who said that a solution is an improper one? >> exactly. >> so, neil, there remains, though, when i listen to judge amy coney barrett, it also, there is also this other question, which is a certain amount of this is performative. you don't get the feeling that samuel alito is really looking for an answer that can change what he was thinking when he walked in there today. i don't mean to pick on him, it can happen with anyone of the justices at
but, they used a grand jury, jack smith did to get that information. she said that is why we need a trial. a trial would be the first solution but your solution is the second best one, which would allow the evidence to get before the american people. >> mike pence, take the stand. tell us what happened. all of the, bill barr, take the stand. eric hirschman, lawyer in the white house, take the stand. it is at least a way, it is not a full trial but it is a hearing and that is a way at...
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special council jack smith hinted that he may ask a higher court. the court of appeals above judge cannon to correct her because of how badly she has mishandled the case. this has been building for a long time. now remember, we first met aileen cannon back in 2022 in the wake of the fbi's first search of trump's home in mar-a- lago and judge cannon ended up issuing a ruling that was wildly favorable to donald trump. she stopped the process of the government going through the search record and appointed a special master to review the documents which blocked the investigation. people were taken aback by this ruling. experts called it corrupt and lawless. then an appeals court quickly reversed it including trump appointed judges above her. as trump would have it, aileen cannon was randomly assigned to the actual criminal case once the charges were brought in june of last year and in every turn since then, she has appeared to be in over her head. today, we may finally reach the breaking point that could bring about the end of the aileen cannon experimen
special council jack smith hinted that he may ask a higher court. the court of appeals above judge cannon to correct her because of how badly she has mishandled the case. this has been building for a long time. now remember, we first met aileen cannon back in 2022 in the wake of the fbi's first search of trump's home in mar-a- lago and judge cannon ended up issuing a ruling that was wildly favorable to donald trump. she stopped the process of the government going through the search record and...
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Apr 5, 2024
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and then she has the hubris to suggest that jack smith demanded these jury instructions. she's the one who demanded the jury instructions. that's what provoked smith's response. he didn't demand anything. he just he asked as he was required to do that, she rule on this issue prior to trial, he's entitled to a ruling on this issue prior to trial this this ruling actually does give him a basis to mandamus or if he so chooses and i think that on, at least on this issue alone, putting aside whether she would be removed from the case. >> but on >> this issue alone, as to whether the presidential records act has any relevance to trial he would win in the 11th circuit >> and you had made the point that if her ruling here today stands, it could set the lineup for acquittal as ryan was laying out in the actual trial jackson >> and that's why he has i'm sorry. go ahead. >> oh, i would say jack smith at that point is ryan was pointing out could do nothing about it. so is there any way for him off the case at this point prior to that >> so he can ask i'm not sure that he will ask on
and then she has the hubris to suggest that jack smith demanded these jury instructions. she's the one who demanded the jury instructions. that's what provoked smith's response. he didn't demand anything. he just he asked as he was required to do that, she rule on this issue prior to trial, he's entitled to a ruling on this issue prior to trial this this ruling actually does give him a basis to mandamus or if he so chooses and i think that on, at least on this issue alone, putting aside whether...
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Apr 10, 2024
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of the names the names of witnesses, key witnesses jack smith special counsel, had argued that they should be protected because they could be subject to intimidation and threats, which of course we've seen in some cases associated with the former president and so she had previously indicated that she was inclined to let those names be be put in public records in some of the filings by the trump team, which of course would cause problems for them. but one of the part of the story here, anderson, is the continued back-and-forth sharp back-and-forth between jack smith and the judge you and i call it talked about it last tweak and i said, you know, it's getting done right. saskya and you see some of that today in this filing where she said that some of the arguments that they made, they should have made from the beginning, not belatedly. >> did judge kenneth leave room for release of witness names in the future? >> she did. she said for now, these names will be will be redacted in any filings that are made. she did say that the special counsel seems to want to make this a long-term thin
of the names the names of witnesses, key witnesses jack smith special counsel, had argued that they should be protected because they could be subject to intimidation and threats, which of course we've seen in some cases associated with the former president and so she had previously indicated that she was inclined to let those names be be put in public records in some of the filings by the trump team, which of course would cause problems for them. but one of the part of the story here, anderson,...
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Apr 8, 2024
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from jack smith. one there's no blanket immunity. you're not automatically immune from prosecution for anything you did throughout your time as president to even if there is such immunity, it has to be narrow and within the car i'm finding of the job of president and i think jack smith will argue what trump did here was well outside those confines. and third, i think jack smith is going to argue against trump's claim that first he would've had to have been impeached by the house, convicted by the senate and then only then could he be prosecuted. so i think that argument, i think jack smith is going to argue that that's nonsense. and those two good things are essentially unconnected legally. >> and what are you expecting from the us supreme court when it comes to this total immunity claim >> so the argument is april 25th, so a couple of weeks away, i do not think the supreme court will have any interest in a decision that any president is covered for everything he does from the moment he takes off till
from jack smith. one there's no blanket immunity. you're not automatically immune from prosecution for anything you did throughout your time as president to even if there is such immunity, it has to be narrow and within the car i'm finding of the job of president and i think jack smith will argue what trump did here was well outside those confines. and third, i think jack smith is going to argue against trump's claim that first he would've had to have been impeached by the house, convicted by...
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Apr 10, 2024
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so in both cases the jack smith got some of what he was asking for it which is to protect the names, the trump team got some of what they wanted, which is for more of these records to be made public. jw anderson let's have been thanks so much now to the former president's hush money criminal case here in new york today, he was rejected yet again, in another attempt to delay the case. that's set to start on monday with jury selection. this time the decision came from an appeals court judge just minutes after hearing arguments joining me now are former federal prosecutors, jennifer and temidayo aganga-williams. he was also senior investigative counsel for the house select january 6 committee, also seen as kara scannell, who was in the courtroom today. so what happened in the appeals courts >> yes. so this is trump's latest attempt to try to stop this trial before it starts today, they were in their asieh and appellate judge to hold the trial to stop it so they could challenge the gag order that was put in place restricting trump's statements. and there were brief arguments on this. it
so in both cases the jack smith got some of what he was asking for it which is to protect the names, the trump team got some of what they wanted, which is for more of these records to be made public. jw anderson let's have been thanks so much now to the former president's hush money criminal case here in new york today, he was rejected yet again, in another attempt to delay the case. that's set to start on monday with jury selection. this time the decision came from an appeals court judge just...
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Apr 25, 2024
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lawyers for special counsel jack smith, who is prosecuting trump for those efforts, arguing that presidents are not above the law if they commit crimes. the justices acknowledging the case before them is not just about former president donald trump, but also about future presidents and the presidency itself. one critical question they're considering, whether a president can have immunity for an official act, but not his private conduct. abc's terry moran leads us off at the supreme court. >> reporter: at the heart of this case, donald trump's unprecedented claim. his lawyer telling the justices that presidents can never face criminal prosecution for anything they do in office that can be linked to their official duties. absolute immunity. >> without presidential immunity from criminal prosecution, there can be no presidency as we know it. >> reporter: the sheer magnitude of that claim hung over the courtroom. several justices acknowledging the stakes. >> this case has huge implications for the presidency, for the future of the presidency, for the future of the country, in my view. >> whatev
lawyers for special counsel jack smith, who is prosecuting trump for those efforts, arguing that presidents are not above the law if they commit crimes. the justices acknowledging the case before them is not just about former president donald trump, but also about future presidents and the presidency itself. one critical question they're considering, whether a president can have immunity for an official act, but not his private conduct. abc's terry moran leads us off at the supreme court....
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. >>> tonight, special counsel jack smith signaling his frustration with the florida judge in donald trump's classified documents case. smith calling a key decision by the judge, quote, fundamentally flawed. and what is the delay in this case? pierre thomas reporting. >>> tonight, after those dramatic images, the cars speeding through dallas, kansas city chiefs star rashee rice apologizing. those cars hitting several vehicles, including one with a mother and her 4-year-old inside. >>> tonight, jetblue and new baggage fees depending on when you fly. >>> costco now selling those popular weight loss drugs including ozempic. >>> and abc news and national geographic getting ready to cover the solar eclipse over america. join us live on the air next monday. and tonight, right here, the one thing you'll need for it, made in america. >> david: good evening, and it's great to have you with us here on a wednesday night. we are tracking this deadly storm system moving into the northeast as a nor'easter at this hour. philadelphia to new york city to boston. rob is standing by to time this out. >
. >>> tonight, special counsel jack smith signaling his frustration with the florida judge in donald trump's classified documents case. smith calling a key decision by the judge, quote, fundamentally flawed. and what is the delay in this case? pierre thomas reporting. >>> tonight, after those dramatic images, the cars speeding through dallas, kansas city chiefs star rashee rice apologizing. those cars hitting several vehicles, including one with a mother and her 4-year-old...
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Apr 27, 2024
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smith 2020 but the real conspiracy is bragg jack smith fani willis all of these democrats conspiring to impact the 2024 race that's what's going on and again i think the american people see it plain and clear. >> sean: the anatomy of critical prosecution the manhattan district attorney's office vendetta against donald trump all 300 plus pages of it are on hannity.com jim jordan thank he we appreciate your time when we come back yes the congenital liar adam schiff the california congressman the guy who wants to be a senator allegedly now robbed in san francisco forcing him to attend a campaign dinner without a suit we will check in with the great judge straight ahead >> sean: liberal cities blue states spiraling out of control now it congressman and senate candidate and it -- adam schiff was reportedly robbed in san francisco last night on his way to a ritzy campaign dinner leaving him to attend the event reportedly without a suit meanwhile a wild video the mayor of san jose's security guard was assaulted during an on camera interview, take a look at this this is amazing. >> were doin
smith 2020 but the real conspiracy is bragg jack smith fani willis all of these democrats conspiring to impact the 2024 race that's what's going on and again i think the american people see it plain and clear. >> sean: the anatomy of critical prosecution the manhattan district attorney's office vendetta against donald trump all 300 plus pages of it are on hannity.com jim jordan thank he we appreciate your time when we come back yes the congenital liar adam schiff the california...
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oh, i was saying >> jack smith at that point is ryan was pointing out could do nothing about it. so is there any way for him? the case at this point prior to that >> so he can ask i'm not sure that he will ask on this initial appeal hill, i've multiple opportunities because she will not be able to make it through the sepah process on solid. he'll have multiple opportunities, i believe, but you keep in mind that every time you go up there back. it serves trump's interest in terms of delay. she can kick the can down the road with the bessemer if she took two outfits into a changing room at a clothing store, it might be days before you saw >> as analogy that we all can understand no ty, thank you and next, the breaking news continues. israel's initial investigation into the strikes that killed seven workers in aid workers in gaza complete tonight. and the parents of the erica, who was killed in that attack will speak out next why they believe that their son was targeted >> plus the trump >> spin machine kicking into high gear as his truth social stock funds just trump claiming the c
oh, i was saying >> jack smith at that point is ryan was pointing out could do nothing about it. so is there any way for him? the case at this point prior to that >> so he can ask i'm not sure that he will ask on this initial appeal hill, i've multiple opportunities because she will not be able to make it through the sepah process on solid. he'll have multiple opportunities, i believe, but you keep in mind that every time you go up there back. it serves trump's interest in terms of...
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unleashed an attack on the special counsel, jack smith, trump today writing, quote, that smith should be sanctioned or censured for the way he is attacking a highly respected judge, aileen cannon, who is presiding over his fake documents hopes case in florida. he's a low light, is nasty, rude, and condescending and obviously trying to play
unleashed an attack on the special counsel, jack smith, trump today writing, quote, that smith should be sanctioned or censured for the way he is attacking a highly respected judge, aileen cannon, who is presiding over his fake documents hopes case in florida. he's a low light, is nasty, rude, and condescending and obviously trying to play
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. >>> plus, special counsel jack smith. harsh criticism of a ruling by the judge overseeing trump's classified documents case in florida. we'll have that. >>> you're watching "morning joe." we'll be right back. made my life a lot harder. but the picture started changing when i started on vyvgart. ♪♪ vyvgart is for adults with generalized myasthenia gravis who are anti-achr antibody positive. in a clinical trial, vyvgart significantly improved most participants' ability to do daily activities when added to their current gmg treatment. ♪♪ most participants taking vyvgart also had less muscle weakness. and your vyvgart treatment schedule is designed just for you. in a clinical study, the most common side effects included urinary and respiratory tract infections, and headache. vyvgart may increase the risk of infection. tell your doctor if you have a history of infections or symptoms of an infection. vyvgart can cause allergic reactions. available as vyvgart for iv infusion and also as vyvgart hytrulo for subcutaneous i
. >>> plus, special counsel jack smith. harsh criticism of a ruling by the judge overseeing trump's classified documents case in florida. we'll have that. >>> you're watching "morning joe." we'll be right back. made my life a lot harder. but the picture started changing when i started on vyvgart. ♪♪ vyvgart is for adults with generalized myasthenia gravis who are anti-achr antibody positive. in a clinical trial, vyvgart significantly improved most participants'...
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but in her ruling, the judge also taking a swipe at special counsel jack smith, rejecting his call to explain her controversial suggestion that she might instruct the jury to consider trump's claims the classified documents were his personal property. smith called that notion "fundamentally flawed" and "wrong," insisting it "would distort the trial." he demanded that the judge clarify her intentions. tonight, judge cannon refusing to do so, writing, "the court declines that demand as unprecedented and unjust." judge cannon suggesting she's in no rush to resolve a potential clash over jury instructions, telling the special counsel he can try to force her hand if he
but in her ruling, the judge also taking a swipe at special counsel jack smith, rejecting his call to explain her controversial suggestion that she might instruct the jury to consider trump's claims the classified documents were his personal property. smith called that notion "fundamentally flawed" and "wrong," insisting it "would distort the trial." he demanded that the judge clarify her intentions. tonight, judge cannon refusing to do so, writing, "the court...
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Apr 16, 2024
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this could have huge implications for jack smith plus us ambassador to the united nations, linda thomas-greenfield at the dmz. today, with a big offer for kim jong un we're gonna tell you exactly what it is, why it matters. she's out front and marjorie taylor greene says she does have the votes to oust speaker mike johnson another major republican join getting her fight today >> there are others behind massie as well >> of course, i'll never >> speak for them to say their name erin burnett outfront, brought to you by stanley steamer from carpet upholstery air ducts and more. it's not clean until it's stanley steamer clean right now, pet dander skin cells in dirt are settling deep into your carpet fibers. stanley steamer removes the dirt you seen in the dirt, you don't your corporates aren't clean until their stanley steamer clean. >> these name with cargo ruse, filter millions of listings to land the perfect deal only you could do things your way all the time imagine get it with gurus >> okay, everyone our mission is to provide complete balanced nutrition are strength and energy >> ensure 27 vitam
this could have huge implications for jack smith plus us ambassador to the united nations, linda thomas-greenfield at the dmz. today, with a big offer for kim jong un we're gonna tell you exactly what it is, why it matters. she's out front and marjorie taylor greene says she does have the votes to oust speaker mike johnson another major republican join getting her fight today >> there are others behind massie as well >> of course, i'll never >> speak for them to say their name...
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Apr 26, 2024
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i don't think anybody has thought of so far that jack smith could do. i don't want to put any idea i sat in his head because i hate this prosecution. prosecution r. fai i think it's unconstitutional and i think it's wrong. bu would be interestingsee to see if jack smith triedifsm to take that concessioitn and rn with it. i don't know what the courts would do. macoi'm sure, if i would have me that concession. but with all thade that said, m, either you agree that this case now no chance of being triede of wefore november, or at least is that your take? we only have about 10 seconds each. grean secot yeah, i just think to's impossible to get this done. it's inevitable that the supreme court, regardles gets of their precise decision, they got to send it back to thee lower court for findings of fact. at the very leas t by the trial court judge and professor. there's a current indictment. it can't put under the current indictment the cur, can't be trd before the election. but if they amended the indictment to include only the conceded thd publiceitu private
i don't think anybody has thought of so far that jack smith could do. i don't want to put any idea i sat in his head because i hate this prosecution. prosecution r. fai i think it's unconstitutional and i think it's wrong. bu would be interestingsee to see if jack smith triedifsm to take that concessioitn and rn with it. i don't know what the courts would do. macoi'm sure, if i would have me that concession. but with all thade that said, m, either you agree that this case now no chance of being...
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Apr 25, 2024
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for the specifics, jack smith's operation has been clear. the stuff that happened on january 6th is inherently not about the acts of the presidency because trump had lost. he'd lost the election. therefore, it is not a presidential act, and, therefore, he should not get immunity for it. whether the justices see it that way is a whole other matter. look, i think this is pretty evident that what is happening here is trump's team wants to just muck things up. i don't think that there is anything more to it. they want to delay it. way that i want to get this out from the election. ideally, they want to see trump win and dispense with the matter. i think the "journal's" editorial, there is nothing debatable or objectionable about it. of course, presidents should have some level of immunity for acts they take in office. the question is whether it should be blanket immunity. i think on that front, the vast majority of the legal profession is on one side, saying, no, there should not be blanket immu immunity. >> muck things sup a technical, legal te
for the specifics, jack smith's operation has been clear. the stuff that happened on january 6th is inherently not about the acts of the presidency because trump had lost. he'd lost the election. therefore, it is not a presidential act, and, therefore, he should not get immunity for it. whether the justices see it that way is a whole other matter. look, i think this is pretty evident that what is happening here is trump's team wants to just muck things up. i don't think that there is anything...
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Apr 24, 2024
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is for actions arising from foreign affairs jack smith even dropped a footnote into one of his brief saying, there are certain circumstances it says that as commander in chief dealing with foreign powers, there might be some actions taken that could be perhaps criminally suspected war crimes, but, but what he says, those are specific instances that would not are not here if the president is going to b immune from anything. the one thing he will not be immune from his election center footnote some more than i think it doesn't four-star generals help file an abacus brief basically saying, look, no this is not what we want and they were actually arguing against what the president is saying about why until immunity. well, they're saying in fact, they note the threat of authoritarianism or around the world. they also talk about the ability to protect elections from candidates who may hold on to whether they have won or lost. these are the kinds of things that are going to resurface in this conversation over the next couple of days and the thing you pointed out that i'm pretty obsessed wit
is for actions arising from foreign affairs jack smith even dropped a footnote into one of his brief saying, there are certain circumstances it says that as commander in chief dealing with foreign powers, there might be some actions taken that could be perhaps criminally suspected war crimes, but, but what he says, those are specific instances that would not are not here if the president is going to b immune from anything. the one thing he will not be immune from his election center footnote...
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what jack smith did is said that we need a ruling. if we think it's wrong, we have a right to seek review in the court of appeals. that's the way the justice system works. there's nothing wrong with anything that anybody has done in terms of seeking to take advantage of the legal process. but i do think that judge cannon does owe a decision here and really can't sit any longer on the fence sitting. >> speaking of decisions, just handed to me, as they say, this just in, judge mcafee in georgia has ruled on donald trump's petition to seek -- to dismiss the indictment on first amendment political speech grounds. can i read this to you? it's a very brief court order. the judge says they argue, the defendants, that the prosecution violates the first amendment's protections of political speech and activity, freedom of association, and the right to petition congress as applied to their alleged conduct and further contend the charges are overbroad. the argument of counsel and the indictment, the court finds these constitutional protections do
what jack smith did is said that we need a ruling. if we think it's wrong, we have a right to seek review in the court of appeals. that's the way the justice system works. there's nothing wrong with anything that anybody has done in terms of seeking to take advantage of the legal process. but i do think that judge cannon does owe a decision here and really can't sit any longer on the fence sitting. >> speaking of decisions, just handed to me, as they say, this just in, judge mcafee in...
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Apr 9, 2024
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this is jack smith's one chance to respond in writing to the supreme court on these issues. many things they say in the brief we've seen them say at least twice before. they said it to judge chutkan, who ruled donald trump was not immune. they said it to the d.c. circuit who made a similar ruling. what is newer here is the audience and how jack smith pitched the argument to account for the possibility there are folks on this court who won't only find a former president could be immune for initial acts but might be inclined to find some of what has been alleged here could also be official. in the last pages of the brief, you see jack smith trying to account for the contingenies and building in backstops, as if/then statements. if some of these things strike you as official, that doesn't mean the whole case gets thrown out. because this is largely a private conspiracy designed to forward a private aim, of keeping donald trump in office, which is a campaign act, not an official one. >> chuck, weigh in on this. how do you see when the arguments are presented, they'll be received
this is jack smith's one chance to respond in writing to the supreme court on these issues. many things they say in the brief we've seen them say at least twice before. they said it to judge chutkan, who ruled donald trump was not immune. they said it to the d.c. circuit who made a similar ruling. what is newer here is the audience and how jack smith pitched the argument to account for the possibility there are folks on this court who won't only find a former president could be immune for...
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Apr 17, 2024
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smith is very clever. and some people will not like to hear this in a certain way in terms of how clever it is. it has all of the allegations of facts. and then at the end it says, okay, here are the three charges so you can knock out one of the charges. it's in the alternative. the facts still come in for the other two charges. so maybe they don't have obstruction, but then they have one or the other two like conspiracy to defraud the united states is one of the other two. they'll just say, okay, all of those charges still a plot that charge still a post, all the same facts. >> all right. well, thank you very much. ryan goodman. next, president biden, tearing into trump while trump's sits in a courtroom >> look at the economy. i don't see it through the eyes of mar-a-lago i see through the eyes of scranton plus there's breaking news tonight is israel's deciding whether to launch a counter attack inside iran would the united states supported us ambassador to the un, linda thomas greenfield will be outfront
smith is very clever. and some people will not like to hear this in a certain way in terms of how clever it is. it has all of the allegations of facts. and then at the end it says, okay, here are the three charges so you can knock out one of the charges. it's in the alternative. the facts still come in for the other two charges. so maybe they don't have obstruction, but then they have one or the other two like conspiracy to defraud the united states is one of the other two. they'll just say,...
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Apr 17, 2024
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neal katyal directly points out and jack smith has said this to the court which is that case at the very least involves the fake collector scheme which involves false documentation being used to obstruct congress. it depends how the court actually writes the decision. even on this claim and he was asked about this. he said that is a harder case. donald trump can be hoping but it is a tough road for him. i just want to say that i enjoyed when elizabeth prelogar was on the task force. her preparation, it is really a sight to behold. how much of what you just played, how much she works on that to anticipate everything she's going to be asked and her precise wording is something that she goes over and over. what you are seeing is something that is really a product of intellect and skill and work ethic. >> she has that speed that comes out so fast and focused. neal, as we go forward here, what struck me is that many of the justices were really tough on the petitioner. and then they were tough on the solicitor general. it's one of those cases. they were going hard against each side. first i th
neal katyal directly points out and jack smith has said this to the court which is that case at the very least involves the fake collector scheme which involves false documentation being used to obstruct congress. it depends how the court actually writes the decision. even on this claim and he was asked about this. he said that is a harder case. donald trump can be hoping but it is a tough road for him. i just want to say that i enjoyed when elizabeth prelogar was on the task force. her...