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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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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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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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Apr 4, 2024
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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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Apr 5, 2024
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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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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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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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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 13, 2024
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smith at the special counsel's team. he said that at least some of the documents that were transported from here in florida to bedminster at the former president's golf club in new jersey. he says that the fbi didn't cover all of those all of those boxes, perhaps containing some documents. and so the possibility was raised that there might still be documents and there's film be boxes somewhere out there that the fbi never recovered at the end of that raid in mar-a-lago. so we didn't hear a ruling from the judge today and are saying we don't know when she might grow what's next in the case >> well, as you as you've repeatedly pointed out, this is a slow moving case and so every time we come into court, we think, hey, could this be the day that judge aileen cannon gives us a trial date says us tells us when, if and when this is going to trial is just going to happen this year, that did not happen today. and so we are still waiting. we still have as you pointed out probably over ten motions that are still left to be decided
smith at the special counsel's team. he said that at least some of the documents that were transported from here in florida to bedminster at the former president's golf club in new jersey. he says that the fbi didn't cover all of those all of those boxes, perhaps containing some documents. and so the possibility was raised that there might still be documents and there's film be boxes somewhere out there that the fbi never recovered at the end of that raid in mar-a-lago. so we didn't hear a...
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smith's case against trump go away. >> there's a very direct conflict of interest if he can help get rid of the case in protect his wife from the scrutiny of having her actions be evidence for the prosecution. >> ginni thomas told the january 6 committee she was certain she never spoke with her husband about the legal challenges to the 2020 election. she also testified that clarence thomas was completely unaware of the texts that she had with martin mark meadows until she says the committee leak them to the press. she also said it's laughable for anyone who knows her husband to think she could influence his jurisprudence for his part, clarence thomas has remained silent on the issue and has given no indication he plans to recuse himself, love to spend time with my wife who's totally my best friend in the whole world >> randi kaye, cnn with that as the backdrop, i'm joined now by jeffrey toobin, best-selling author of the nine inside the secret world of the supreme court, which is an awesome book so can you just explain why justice thomas is not it doesn't have to recuse himself. i me
smith's case against trump go away. >> there's a very direct conflict of interest if he can help get rid of the case in protect his wife from the scrutiny of having her actions be evidence for the prosecution. >> ginni thomas told the january 6 committee she was certain she never spoke with her husband about the legal challenges to the 2020 election. she also testified that clarence thomas was completely unaware of the texts that she had with martin mark meadows until she says the...
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smith's team to put together their thoughts on jury instructions. this is viewed as pretty unusual since she has not yet set a trial date in this case, and she also asked them to weigh in on the presidential records act. that is a key part. one of trump's defense and something that's special counsel says has no place in this case. anderson, kara scannell, >> is very much want to get perspective now from jeremy vogel, who served as federal judge in the california's northern district. also, marcus children's former investigative counsel to the house january 6 select committee and cnn legal analyst, carry cordero. judge, for vogel, i mean, this second attempt to get merchan tossed off, does that i mean, is it any different than the first attempt? >> i don't see any difference. there's no new facts the association that his daughter had with her political agency was brought to light then. and there's really nothing new and there has to be a more specific connection. >> there's not really any detail in this filing. >> no, there isn't. but what you would n
smith's team to put together their thoughts on jury instructions. this is viewed as pretty unusual since she has not yet set a trial date in this case, and she also asked them to weigh in on the presidential records act. that is a key part. one of trump's defense and something that's special counsel says has no place in this case. anderson, kara scannell, >> is very much want to get perspective now from jeremy vogel, who served as federal judge in the california's northern district. also,...