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last year, a special counsel jack smith charged the former president for allegedly attempting to overturn the results of the 2020 election. but trump claimed immunity under the constitution of judges. don't agree with him. the case will against the case against him. well, had the trial as the history making set of allegations last august, former president trump was charged with 4 accounts of conspiracy and instruction by the justice department. special counsel jack smith today and then dining room was an sealed charging donald j. trump, with conspiring to defraud the united states, conspiring to disenfranchise voters, and conspiring and attempting to obstruct an official proceeding. but trump legal team argues he should be protected by presidential immunity. the claim, many legal experts are skeptical about. he doesn't have any text in the constitution to rely on, and that's significant because the constitution does grant and unity explicitly to members of the legislature. but it doesn't mention the president, according to his lawyers from who is acting within his official responsibility
last year, a special counsel jack smith charged the former president for allegedly attempting to overturn the results of the 2020 election. but trump claimed immunity under the constitution of judges. don't agree with him. the case will against the case against him. well, had the trial as the history making set of allegations last august, former president trump was charged with 4 accounts of conspiracy and instruction by the justice department. special counsel jack smith today and then dining...
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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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this. >> he really can't appeal that your jack smith. this is why jack smith is concerned, although he one in the sense that the court did not dismiss charges, i think smith feels the same way, i'm worried about this going to a jury because it is confusing, complicated, technical and prosecutors always want to tell simple straightforward story and dependence want to look things up as much as i think it is a minute, it could confuse a jury in a way that would worry the prosecutor hush money case, it's all confusing to a jury. sensor for attacking canon, what you think of what they just said there? >> i agree to a large extent is a good strategy behind straightforward presentation for what i disagree with his the idea that there is a clear answer but records president is entitled to. a president can declassify classified records, no particular procedure have to go down to do that so there's a lot of problems in this case and that is the least of it. >> if smith wins, it would overturn power by the executive branch was never seen in u.s. hi
this. >> he really can't appeal that your jack smith. this is why jack smith is concerned, although he one in the sense that the court did not dismiss charges, i think smith feels the same way, i'm worried about this going to a jury because it is confusing, complicated, technical and prosecutors always want to tell simple straightforward story and dependence want to look things up as much as i think it is a minute, it could confuse a jury in a way that would worry the prosecutor hush...
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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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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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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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i do think that you may see more rulings that go jack smith's way. may not necessarily be as blatantly pro-trump as we've seen before, but i don't know that he's going to pull the trigger as fast as things might suggest. >> jill, it's not just from helping delay the trial, judge cannon has been slow walking her decisions in this case. what's your gut on how she will rule in his latest delay motion, and is it a done deal that there's no way this trial concludes before the election? >> the answer to your first question is, it is impossible to detect predict what judge cannon will do. i really think she has acted in ways, this is not an ad hominem attack this is based on her conduct. as a result of her conduct, i think that jack smith has no choice but to either mandamus her or make a motion in limine to prevent any evidence about the presidential records act to be introduced. that would limit the evidence, because it has no relevance. the big fear is that if he doesn't do something like that, and doesn't get it decided by the 11th circuit, her opinion
i do think that you may see more rulings that go jack smith's way. may not necessarily be as blatantly pro-trump as we've seen before, but i don't know that he's going to pull the trigger as fast as things might suggest. >> jill, it's not just from helping delay the trial, judge cannon has been slow walking her decisions in this case. what's your gut on how she will rule in his latest delay motion, and is it a done deal that there's no way this trial concludes before the election?...
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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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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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smith has the authority to bring charges at all because jack smith's office is unconstitutional. he was never nominated by the president, never confirmed by the senate, never properly pinted as a federal -- appointed as a federal officer. what statute exists letting the u.s. attorney general name anyone a special counsel? if. >> none. if they're not confirmed by the senate, and that's the point. remember that president obama appointed durham to, as a potential counsel to look into the cia destruction tapes case. it was barr that appointed durham to look into the russian hoax. it was the biden who appointed rob hur, the u.s. attorney for maryland, to look into the latest efforts. ball of them were -- but all of them, durham and rob hur, were nominated by presidents and cop firmed by senates. and -- confirmed by senates. and, you know, the pesky old appointments clause in the constitution still matters. so what justice thomas was referring to was in a friend to the court brief by former attorney general ed meese and michael mukasey who said, look, the appointments clause matters. y
smith has the authority to bring charges at all because jack smith's office is unconstitutional. he was never nominated by the president, never confirmed by the senate, never properly pinted as a federal -- appointed as a federal officer. what statute exists letting the u.s. attorney general name anyone a special counsel? if. >> none. if they're not confirmed by the senate, and that's the point. remember that president obama appointed durham to, as a potential counsel to look into the cia...
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what is jack smith so mad about? >> he's mad for a couple of reasons. we don't have a trial date in the case and judge cannon is ordering the special counsel and trump lawyers to submit jury instructions on a specific topic. as glenn knows well, you submit your jury instructions when your close to trial. she asked about the jury instructions about the presidential documents act. she wanted them to say what the jury can and can't decide about if a president can designate records as personal versus presidential and if they do that, is the president the sole decider with respect to that in ways that would negate prosecution. >> let me make this a little simpler. bottom line is, personal versus what's part of the law, right, that distinction is incredibly important. >> but it's irrelevant to whether something can be charged under espionage act, and that's what jack smith is upset about. he's saying to the extent that you're telling the jury the presidential records act plays any part inform this case, that's an unstated and fundamentally flawed legal premis
what is jack smith so mad about? >> he's mad for a couple of reasons. we don't have a trial date in the case and judge cannon is ordering the special counsel and trump lawyers to submit jury instructions on a specific topic. as glenn knows well, you submit your jury instructions when your close to trial. she asked about the jury instructions about the presidential documents act. she wanted them to say what the jury can and can't decide about if a president can designate records as...
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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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again, jag -- jack smith is holding a full house here. he has the overwhelming weight of the authority with respect to the law. he has very strong facts. while frustrating and while tedious and while protracted, i think he stays the course. he makes his arguments, he pushes for rulings. a judge is -- i won't go as far as to say incompetence, but her uncertainty is not, again, a reason to recuse. so i don't really see a basis to kick her off the case unless and until she indicates some sort of bias that prevents her from being impartial. so being bad or slow isn't enough of a reason to get her off the case. >> and tim, what do you make of the escalating sharpness of her language? let's just study what we do know about her filings. >> yeah. i think she's frustrated. i think he's frustrated. i think that the public criticism of one has prompted sharper language from the other. you know, the pleading that was filed tuesday night was pretty sharp. it basically says you're wrong, your honor, that's rare in litigation. she fires back and calls h
again, jag -- jack smith is holding a full house here. he has the overwhelming weight of the authority with respect to the law. he has very strong facts. while frustrating and while tedious and while protracted, i think he stays the course. he makes his arguments, he pushes for rulings. a judge is -- i won't go as far as to say incompetence, but her uncertainty is not, again, a reason to recuse. so i don't really see a basis to kick her off the case unless and until she indicates some sort of...
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jack smith is saying, i need a decision that it doesn't apply. not just pretrial because, no one is deciding anything about guilt or innocence pretrial. that's going to happen at the trial, i need to know what your view is at the trial. why is she not doing it? as jack smith said, with that ruling, if i disagree with it i have appellate rights. i can go to the 11th circuit. she is doing whatever she can, in my view, to prevent an appeal. >> there is without getting into all the excerpts, it's a short filing, but, she uses some very strong language, she calls jack smith's position unjust. she basically dirty harry zit and is like, go ahead, make my day if you want to go to the 11th circuit and appeal this. what do you make of that posture in the context of all of this? >> you have to remember, she has been reversed twice by the 11th circuit in scathing language. she really hasn't acquitted herself well, whether you think that it's from an experience, whether you think it's because she's partisan or both. my opinion is it's both. that she is both a
jack smith is saying, i need a decision that it doesn't apply. not just pretrial because, no one is deciding anything about guilt or innocence pretrial. that's going to happen at the trial, i need to know what your view is at the trial. why is she not doing it? as jack smith said, with that ruling, if i disagree with it i have appellate rights. i can go to the 11th circuit. she is doing whatever she can, in my view, to prevent an appeal. >> there is without getting into all the excerpts,...
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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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and so jack smith is frustrated saying that's not the law here. and why are we instruct? why are you proposing that we give an unlawful instruction to the jury? and so he's asking her to rule one way or the other because he's clearly going to he's setting this up for an appeal and i think although he doesn't say it in his motion, his frustration indicates to me that he is getting ready to ask that she be recused from this case. this is just one of a series of strange unlawful whether it's orders or decisions that she has made that is made legal analysts across the country scratch their heads because they make no sense. they don't look anything like what people are used to or what's in the law. >> and >> so she's an experienced she is not a judge who's been around for a long time and i think her inexperience is really showing because she's just doing things that have no basis in the law and play this play that out for us. if he's setting up for an appeal, if this simmering frustration is seen and you see that kind of potentially leading for him, asking for her to be recuse
and so jack smith is frustrated saying that's not the law here. and why are we instruct? why are you proposing that we give an unlawful instruction to the jury? and so he's asking her to rule one way or the other because he's clearly going to he's setting this up for an appeal and i think although he doesn't say it in his motion, his frustration indicates to me that he is getting ready to ask that she be recused from this case. this is just one of a series of strange unlawful whether it's...
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>> which is exactly what jack smith wanted. he said just make a decision. we say it doesn't apply at had, we want a pretrial ruling. in fact, the rules say they're entitled to a pretrial ruling. just decide one way or the other for good. >> not halfway. >> not halfway, which is deciding pretrial does it apply. jack smith is saying who cares about that, i care about what you're going to say at trial. why? the big sort of thing people need to understand to be in the weeds for a moment, once the jury is sworn, double jeopardy attaches, meaning if the jury acquits or if the judge acquits, it's over. >> it's finito. >> especially if the judge has the power once the jury is sworn to say, you know what, i'm entering a judgment of acquittal. and it can be on a cockamamie idea like the presidential records act. so jack smith is saying that i need a decision that it doesn't apply not just pretrial, because guess what, nobody is deciding kbk about guilt or innocence pretrial. that's going to happen at the trial, so i need you to know what your view is at the trial. wh
>> which is exactly what jack smith wanted. he said just make a decision. we say it doesn't apply at had, we want a pretrial ruling. in fact, the rules say they're entitled to a pretrial ruling. just decide one way or the other for good. >> not halfway. >> not halfway, which is deciding pretrial does it apply. jack smith is saying who cares about that, i care about what you're going to say at trial. why? the big sort of thing people need to understand to be in the weeds for a...
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january 6th case, the other case being brought by jack smith. if he does that, we all know that trump would rather have this case go to trial than the d.c. case because a conviction there is far more likely. >> i think that is right. hugo lowell of the guardian. thank you for joining us. katie fan, fantastic to have you here. you have to watch "the katie fenn show" every saturday on noon here right on msnbc especially if you want more nerdy text messages. >>> 31 people in the u.s. will have front-row tickets to a pretty impressive ticket to mother nature. the preparations for monday's a solar eclipse with the commercial from 1999 that pretty much says it all. >> good morning, children. >> good morning, miss. >> full moon. >> full moon. >> half-moon. >> hoffman. >> total eclipse. nurtec odt may help. it's the only medication that can treat a migraine when it strikes and prevent migraine attacks. treat and prevent, all in one. don't take if allergic to nurtec. allergic reactions can occur, even days after using. most common side effects were nause
january 6th case, the other case being brought by jack smith. if he does that, we all know that trump would rather have this case go to trial than the d.c. case because a conviction there is far more likely. >> i think that is right. hugo lowell of the guardian. thank you for joining us. katie fan, fantastic to have you here. you have to watch "the katie fenn show" every saturday on noon here right on msnbc especially if you want more nerdy text messages. >>> 31 people...
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and we have new video of how it all played out >> breaking overnight signs of special counsel jack smith has had enough of the judge overseeing the mar-a-lago documents case, a scathing filing. it could be seen as a first step to try to get her removed from the case. chaos swirling around donald trump social media company, a new lawsuit against two former apprentice contestants connected the truth social. zara is out today. i'm john berman i'm going with kate baldwin, cnn news central starts right now >> let's get straight to the breaking news overnight, 75 people trapped inside the tunnels. they have now just been rescued after earthquake hits taiwan. the strongest earthquake to hit taiwan in 25 years. we're going to show you, follow this video, showing a cloud of dust. you can see just settling in as the earthquake caused a massive landslide, the epicenter of the 7.4 magnitude quake. >> it was a >> mountainous area on the east coast of the island. so far, the death toll stands at, at least nine more than 800 people also have been wounded, were staying very closely to try to attack, tra
and we have new video of how it all played out >> breaking overnight signs of special counsel jack smith has had enough of the judge overseeing the mar-a-lago documents case, a scathing filing. it could be seen as a first step to try to get her removed from the case. chaos swirling around donald trump social media company, a new lawsuit against two former apprentice contestants connected the truth social. zara is out today. i'm john berman i'm going with kate baldwin, cnn news central...
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he put himself on that team to go after trump and now on the jack smith and arguing the case for jack smith today. very interesting. >> dana: we are going to have a chance at 10:00 a.m. to hear the justices and the argument. you will be inside. so you know the justices well and pay attention to a lot of this. what are you listening for today? is there anyone in particular you are expecting to weigh in heavily? >> you know i'll be keeping an eye on the chief justice. he tries to guide the court with a narrow hand in many cases, incrementally. if they find there is some scope of immunity for these particular actions where do they set the boundaries? i think listening to the questions about whether they are open to that issue of immunity and how far it might go. if we see who is trying to probe what the outer boundaries of that would be, these arguments are set for an hour but nothing else on the docket today. i expect we go well beyond that. this is a moment in history for the justices to decide. we don't know what the vote was to take up the case, who voted yes or no or who wants to he
he put himself on that team to go after trump and now on the jack smith and arguing the case for jack smith today. very interesting. >> dana: we are going to have a chance at 10:00 a.m. to hear the justices and the argument. you will be inside. so you know the justices well and pay attention to a lot of this. what are you listening for today? is there anyone in particular you are expecting to weigh in heavily? >> you know i'll be keeping an eye on the chief justice. he tries to...
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an update on how jack smith is fighting back. stay with us. jack smith is fighting back. stay with us but... taking the gains is smart here, right? feel more confident with stock ratings from j.p. morgan analysts in the chase app. when you've got a decision to make... the answer is j.p. morgan wealth management. - so this is pickleball? - pickle! ah, these guys are intense. with e*trade from morgan stanley, we're ready for whatever gets served up. dude, you gotta work on your trash talk. i'd rather work on saving for retirement. or college, since you like to get schooled. that's a pretty good burn, right? a mystery! jessie loves playing detective. but the real mystery was her irritated skin. so, we switched to tide pods free & gentle. it cleans better, and doesn't leave behind irritating residues. and it's gentle on her skin. tide free & gentle is epa safer choice certified. it's got to be tide. hey everybody, w. kamau bell here. they say that america is the land of the free. but right now, people in the u.s. are seeing their freedoms taken away at an alarming rate. freed
an update on how jack smith is fighting back. stay with us. jack smith is fighting back. stay with us but... taking the gains is smart here, right? feel more confident with stock ratings from j.p. morgan analysts in the chase app. when you've got a decision to make... the answer is j.p. morgan wealth management. - so this is pickleball? - pickle! ah, these guys are intense. with e*trade from morgan stanley, we're ready for whatever gets served up. dude, you gotta work on your trash talk. i'd...
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Apr 5, 2024
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what i meant was to just first amendment, i disagree with what jack smith is saying. i disagree with the judge's ruling. a lot of us have strong views of the supreme court in its rulings. that is fine. what is not is obviously resorting to violence and it has been completely normalized. i do think the fbi has its hands full dealing with this. and making sure just one thing i would note is the attacks on judges. the bipartisan attacks. not just words. but deeds. that is the kind of thing that has to be much more front page news and like the january 6th investigation. it needs to be something that people take seriously and call out politicians who don't say you have to stop this. >> i do want to talk about the attacks from the left. we are talking about a candidate for president. >> absolutely. >> who is directly fomenting violence against everyone in the judicial branch. in his expanded gag order. for history, about this moment, and the threats these judges are withstanding, he says this pattern of attacking family members of presiding jurors, serves no legitimate purp
what i meant was to just first amendment, i disagree with what jack smith is saying. i disagree with the judge's ruling. a lot of us have strong views of the supreme court in its rulings. that is fine. what is not is obviously resorting to violence and it has been completely normalized. i do think the fbi has its hands full dealing with this. and making sure just one thing i would note is the attacks on judges. the bipartisan attacks. not just words. but deeds. that is the kind of thing that...
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Apr 4, 2024
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but jack smith is upset with going to trial before the election. he wants a federal conviction and why he was brought in on the case. the washington, d.c. case is going nowhere, it's up in the supreme court. what you have here, he is attacking the judge and cnn expert has to follow motion to disqualify, has to be appealed. that is going nowhere. this is nothing more than a temper tantrum and jack smith all his marbles in invested in this case. >> harris: look, having children they are all grown up now and teenagers, when they were little somebody usually had a temper tantrum when something didn't go their way or they lost something behind the couch. so what is he missing? what is jack smith really riled up about? >> harris, he is under tremendous pressure. let's be clear, i apologize. we talk about this all the time. it is politically motivated. brought in on these two cases for one purpose, get a conviction against president trump before november 2024. and that's why he is under pressure. and that's why he wants a trial. that's why he wants jury i
but jack smith is upset with going to trial before the election. he wants a federal conviction and why he was brought in on the case. the washington, d.c. case is going nowhere, it's up in the supreme court. what you have here, he is attacking the judge and cnn expert has to follow motion to disqualify, has to be appealed. that is going nowhere. this is nothing more than a temper tantrum and jack smith all his marbles in invested in this case. >> harris: look, having children they are all...
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he's going to have to surpass jack smith reasonable doubt standard, a big federal law traversing i'm following, the judge said the jury has to abide by the law and all of presidential records act. what you make of the double standard jack smith attacks judge cannon as judges put gag orders on trump in three cases including trump cosmic trial set to start april 5, gop lawmaker elise saying it abuse of power that this judge's thing on the case when his daughter has been democrat fundraiser, consultant making big bucks fundraising for biden now adam schiff? >> there's no question he should recuse because of the issue his daughter appears to be profiting from the case. you have to recuse and that scenario, she will stand the prophet's if trump is convicted and i don't understand why he hasn't done so. >> that's interesting, who will stay on it. more stuff for sam dewey to it tackle to take on, thanks for joining us. coming up, retired nypd officer bill stanton joins us. bill stanton is terrific. but polls show americans are sick of lawlessness so biden's d.o.j., what did they do? they wi
he's going to have to surpass jack smith reasonable doubt standard, a big federal law traversing i'm following, the judge said the jury has to abide by the law and all of presidential records act. what you make of the double standard jack smith attacks judge cannon as judges put gag orders on trump in three cases including trump cosmic trial set to start april 5, gop lawmaker elise saying it abuse of power that this judge's thing on the case when his daughter has been democrat fundraiser,...
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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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Apr 25, 2024
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again, that's bad for jack smith. timeline. so if you're the former president, all you so we're looking for here is no bold action by the court. you don't want a decisive, sweeping decision that said the immunity. you want something either in the middle, four, four victory. i don't think any serious legal scholars think the court is going to come out and adopt an absolute immunity framework. but there is a real risk that they're going to do something in the middle at all. that's going to have this case dragging on. & you look at the timeline, will under so far the court has not moved quickly here. they have not act like this case is truly an emergency. so i don't suspect they're going to do so with their decision. >> even though a lot of it has gone under the label of expedited and emergencies but i guess those are all relative terms when it comes to the supreme as you guys well know, elliott, let's turn to arizona really quickly. is this indictment that happened overnight? is this the two-point version of georgia with the bigg
again, that's bad for jack smith. timeline. so if you're the former president, all you so we're looking for here is no bold action by the court. you don't want a decisive, sweeping decision that said the immunity. you want something either in the middle, four, four victory. i don't think any serious legal scholars think the court is going to come out and adopt an absolute immunity framework. but there is a real risk that they're going to do something in the middle at all. that's going to have...
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Apr 3, 2024
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could special counsel jack smith be on his way to appealing for the ruble of judge aileen cannon. his team filed a sport motion that had something of a threat, and a lot about what they worry judge cannon might be trying to do. we'll explain the fears and the threat in a moment. first, on the filing itself, prosecutors called judge cannon's request for jury instructions based on the presidential records act quote, fundamentally flowed. the pra is not at issue, his office said, and shouldn't even be included in the trial, let alone in the guidance for what the jury should deliberate on. quote, it would be pure fiction to suggest that highly classified documents created by members of the intelligence and military presented to the president of the united states during his term in office were purely private. and that trump himself didn't even raise this defense until more than a year after he left the white house. decide now and give us enough time to appeal. smith's team is pleading. after all, the presidential records act isn't even what prosecutors have charged him with violating.
could special counsel jack smith be on his way to appealing for the ruble of judge aileen cannon. his team filed a sport motion that had something of a threat, and a lot about what they worry judge cannon might be trying to do. we'll explain the fears and the threat in a moment. first, on the filing itself, prosecutors called judge cannon's request for jury instructions based on the presidential records act quote, fundamentally flowed. the pra is not at issue, his office said, and shouldn't...
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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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this is the most important filing jack smith has done since the indictment itself. it's very hard nose. it says we're done with this, i'm not going to follow your suggestion, and moreover, judge, you need to rule on this now. you can't just keep dithering. if you don't, there are ways to, and it's the best method we can, we've been casting about, how do we get her off the case? there are ways to get the court above you to require you to do it, maybe you haven't done anything we can glom onto yet, now we're telling you, if you don't rule here, and you leave this possibility open, we are taking you up to the 11th circuit, and asking them to get you off the case. is that plain english enough? >> that's pretty good. trump's not play ago legal game, he's playing a political game. i'm done trying to understand the legal landscape because this is -- whether we like it or not we're playing trump's game, jack smith is, aileen cannon sure as hell is. and i want to understand how a judge is entertaining an argument that trump doesn't believe, here's trump, making abundantly cl
this is the most important filing jack smith has done since the indictment itself. it's very hard nose. it says we're done with this, i'm not going to follow your suggestion, and moreover, judge, you need to rule on this now. you can't just keep dithering. if you don't, there are ways to, and it's the best method we can, we've been casting about, how do we get her off the case? there are ways to get the court above you to require you to do it, maybe you haven't done anything we can glom onto...
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jack smith is outraged. he says he never told anybody they are his documents. >> that kind of buries the lead. argument which is ultimately the clinton sock drawer case. bill clinton had personal recordings in his sock drawer. a court determined that they were his personal records it. didn't matter if they were classified or anything because bill clinton had determined after his presidency they were his personal records. donald trump has done the same thing. he said these documents are my personal records. if you read the presidential records act, brian, it says all documents it. doesn't carve out deference intelligence information it. doesn't carve out classified, marked information it. says all records are presidential and then it has a process. and that's what judge can is trying to get to the bottom of and that's what jack smith, to your point is, really objecting to. >> brian: jack smith not a single person had heard trump say that he was designating records as personal or at the time because the transf
jack smith is outraged. he says he never told anybody they are his documents. >> that kind of buries the lead. argument which is ultimately the clinton sock drawer case. bill clinton had personal recordings in his sock drawer. a court determined that they were his personal records it. didn't matter if they were classified or anything because bill clinton had determined after his presidency they were his personal records. donald trump has done the same thing. he said these documents are my...
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smith >> was why think jack smith did the right thing in this finally, he said, hey, judge, you should not give this presidential records act instruction to the jury because it lacks basis. in fact or law what would be risky wealth and jack smith more than hints at this and the filing is that if he loses on this, he suggests he will appeal. now, if he wants to appeal, he has to do it before the trial because as once the trial starts, once you get to a jury, it's going to be double jeopardy prosecutors cannot appeal and not guilty verdict if there's a not guilty verdict, it's over. everyone goes home. so jack smith is trying to anticipate that. but if he does file an appeal on this a. we don't know if he'd win and i suspect he might well win, but be that would completely wipe out any chance of getting this case tried in 2024. >> interesting carry even if the special counsel is frost frustrated, judges have nearly carte blanche authority to manage their dockets so do you see this trial being said anytime soon >> i don't think so. i mean, i take ellie's point that it's getting less and le
smith >> was why think jack smith did the right thing in this finally, he said, hey, judge, you should not give this presidential records act instruction to the jury because it lacks basis. in fact or law what would be risky wealth and jack smith more than hints at this and the filing is that if he loses on this, he suggests he will appeal. now, if he wants to appeal, he has to do it before the trial because as once the trial starts, once you get to a jury, it's going to be double...
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the whole thing that jack smith had asked her to do is resolve the legal question. the legal question is does the presidential records act give mr. trump a defense to the charges against him because of judge cannon's belief that if the president while president designates things as personal, that means his position of it is authorized. if you have authorized possession, that means you don't have unauthorized possession, that means you can't be guilty of retaining unauthorized retention of classified information. jack smith's point is presidential records act has nothing to do with these charges. this is the point that she is refusing to the site. the reason why that is so important is because if she leaves that to the trial and then the science this could be a defense, it could be, as you indicated, jeopardy will have attached, she could grant a motion for judgment of acquittal on her own or she could send an erroneous instruction to the jury, which would essentially be a directed verdict for mr. trump. that is what i think it is incumbent upon jack smith to use wha
the whole thing that jack smith had asked her to do is resolve the legal question. the legal question is does the presidential records act give mr. trump a defense to the charges against him because of judge cannon's belief that if the president while president designates things as personal, that means his position of it is authorized. if you have authorized possession, that means you don't have unauthorized possession, that means you can't be guilty of retaining unauthorized retention of...
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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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the ugly part of this, for jack smith to figure out, what does he do next? will he file, as some have suggested, a writ of mandamus asking the 11th court to order her to clarify the ruling, or might he file a motion in limine, the pretrial motions prosecutors file asking for a ruling on the jury instructions before trial. i think that both of those are problematic. he might not be able to win because of the way she's postured this case. is best shot might be a straight up motion asking her to recuse at this point on the basis of multiple bad rulings. but, at least in so far as this goes, this is the start of good news and perhaps some suggestion that judge cannon, when her feet are held to the fire which is what jack smith did with his response to her request for jury instructions, that she at least understands what she's being told. >> she definitely reacts when her feet are held to the fire, she doesn't want this to go to the higher court. however, she also responded by smacking him down. what could that mean for a potential trial that jack smith may have
the ugly part of this, for jack smith to figure out, what does he do next? will he file, as some have suggested, a writ of mandamus asking the 11th court to order her to clarify the ruling, or might he file a motion in limine, the pretrial motions prosecutors file asking for a ruling on the jury instructions before trial. i think that both of those are problematic. he might not be able to win because of the way she's postured this case. is best shot might be a straight up motion asking her to...
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>> they're >> saying this is what jack smith's saying is you've got it all wrong. you don't you certainly don't understand how this presidential records act works in with respect to the espionage act trump's whole legal theory is garbage if you send this to a jury like this jeopardy will have attached. we won't be able to appeal a directed verdict in his favor, and we can't even proceed to trial at that, but she's got decide as a matter of law that this defence cannot be available. he's trying to punt to the jurors to say, hey, what do you guys think? goodbye, admin. she she's supposed to decide. all right? >> the door number two, because now the question is, if the judge does change the jury instructions, what is that enable jack smith to do? >> so this is sort of the reverse. this is donald trump's nightmare. this is what the government wants to see. this is the way the espionage act cases always proceed is it's simply an issue of whether unauthorized possession did you have the records and did you fail to return them when confronted about it? that's the essence
>> they're >> saying this is what jack smith's saying is you've got it all wrong. you don't you certainly don't understand how this presidential records act works in with respect to the espionage act trump's whole legal theory is garbage if you send this to a jury like this jeopardy will have attached. we won't be able to appeal a directed verdict in his favor, and we can't even proceed to trial at that, but she's got decide as a matter of law that this defence cannot be available....
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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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>> jack smith is 100% right? there is absolutely no connection to the presidential records act to this case whatsoever. it does not allow president former president trump to have said that certain documents or personal, even the 11th circuit and considering the special master claim made it very clear that donald trump has no possessory interest in these documents and that they do not belonged to him. this is just completely off the wall completely off the wall >> as an argument. but if you read the subtext, i think the subject is completely off the wall that you are even considering this, that this is even an issue in that song, you, judge cannon absolutely i mean. jack smith makes it very clear that there is no connection to reality with the presidential records act. and the case that's before her. i mean, he does that by the law and also by the facts. i mean, there would be a factual issue here if donald trump could claim that he really thought that some of these doctors get since were personal and could raise
>> jack smith is 100% right? there is absolutely no connection to the presidential records act to this case whatsoever. it does not allow president former president trump to have said that certain documents or personal, even the 11th circuit and considering the special master claim made it very clear that donald trump has no possessory interest in these documents and that they do not belonged to him. this is just completely off the wall completely off the wall >> as an argument. but...
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but the irony of all of this is if jack smith appeals this and if jack smith asked the appeals court to remove judge cannon that will delay this more than anything. that's happened so far. >> and apollo, you have actually spent time, unlike maybe ellie has. i certainly haven't had a chance to in a lot of the courtrooms that donald trump and his legal team have been on various cases that he's facing right now when it comes to aileen cannon, you mentioned that she's inexperienced. let me give a little bit of her background here. she was appointed by donald trump. just in 2020 she's been a federalist society member since 2005. no experience presided over presiding over class it's a fight cases. what's it like being in the courtroom with her? so when i was in the courtroom, what struck me issues, obviously very conscious of the fact that she's under enormous scrutiny. she knows that she clearly comes prepared with tough questions for both sides to at least give the appearance of being fair to everyone. but her inexperienced shows through i'm just talking about when you're in the courtroo
but the irony of all of this is if jack smith appeals this and if jack smith asked the appeals court to remove judge cannon that will delay this more than anything. that's happened so far. >> and apollo, you have actually spent time, unlike maybe ellie has. i certainly haven't had a chance to in a lot of the courtrooms that donald trump and his legal team have been on various cases that he's facing right now when it comes to aileen cannon, you mentioned that she's inexperienced. let me...
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what's the resource available for jack smith at this juncture? >> jack smith is in legal purgatory. it's too early to appeal. both sides are supposed to engage in the jury instructions, so he can't appeal that yet. he can try to recuse her from this case, but that's hard to do. he may try to do perhaps a motion which says let's prevent donald trump from bringing up this argument at trial. that could preclude it being involved in the jury instructions. but that would have to be in the form of a motion, and judge can op would have to set the motion and decide on the motion, and then they could appeal. so there's a lot of hoops he has to jump through. so it's a tough time for jack smith. you could tell in the snarky tone he has in his pleading. you can imagine he's had enough of eileen cannon. >> a lot of us have. i want to go to you about this last-minute filing on a friday afternoon from donald trump in the manhattan d.a.'s prosecution of him. april 15th, right around the corner, my friend. it is not like he's got a lot of time, but this motion to recuse alleges that the judge's daug
what's the resource available for jack smith at this juncture? >> jack smith is in legal purgatory. it's too early to appeal. both sides are supposed to engage in the jury instructions, so he can't appeal that yet. he can try to recuse her from this case, but that's hard to do. he may try to do perhaps a motion which says let's prevent donald trump from bringing up this argument at trial. that could preclude it being involved in the jury instructions. but that would have to be in the form...
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smith suggesting his filing was unprecedented and unjust. eileen canada rejected trump's bid to have his charges of mishandling of documents and defended her handling of her issue saying that the presidential records act took priority over the espionage act when it came to confidential documents that went to florida after his presidency. cannon shot down the argument saying it does not provide a pretrial basis to dismiss. either with handling charges by diffusing a looming confrontation this ruling may clear a path to help her resolve pretrial issues including when it will be held over the possible rival events -- relevance. jim is calling from cairo, missouri, democrat. caller: an ancestor of mine was an abortionist born about 1900. she would've grown up with little or no contraception. six kids on a farm was different than six kids on the ghetto. the wealthy would fly here in because of one time teenage pregnancy was a disgrace and if you can imagine a biracial pregnancy in certain times and places it would be a problem. host: what year wa
smith suggesting his filing was unprecedented and unjust. eileen canada rejected trump's bid to have his charges of mishandling of documents and defended her handling of her issue saying that the presidential records act took priority over the espionage act when it came to confidential documents that went to florida after his presidency. cannon shot down the argument saying it does not provide a pretrial basis to dismiss. either with handling charges by diffusing a looming confrontation this...
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what do you think of jack smith brief tonight? it seems like he's getting emotional almost. >> i think he is responding in a very strong manner to this notion of blanket presidential immunity and in your lead-in, you pointed out one of the strongest parts of his brief. he gave the supreme court and out, to basically say look, you do not need to rule universally that the president may not have any sort of presidential immunity regarding committed all -- criminal acts were committed in office but in this case what you are talking about a private actor who worked with private individuals to affect a private outcome that would essentially denature the entire united states government, that absolutely cannot stand, so i think that carveout the jack smith made in his brief was brilliant because it's going to give the supreme court enough breathing room where they may not necessarily have to rule entirely against donald trump. i still think they are going to rule against him, but this was the icing on the cake that i think will give them
what do you think of jack smith brief tonight? it seems like he's getting emotional almost. >> i think he is responding in a very strong manner to this notion of blanket presidential immunity and in your lead-in, you pointed out one of the strongest parts of his brief. he gave the supreme court and out, to basically say look, you do not need to rule universally that the president may not have any sort of presidential immunity regarding committed all -- criminal acts were committed in...
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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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Apr 17, 2024
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this ruling brought by special counsel jack smith in his federal election case. lawyers argued the statute was not meant to apply to circumstances like the january 6th insurrection. and the government argued the january 6th attack is exactly what the proceeding look leak. there was one exchange. >> so we've had a number of protests in the courtroom. let's say that today five people get up one after the other and they shout either keep the january 6th insurrectionist in jail or free the january 6th patriots, and as a result of this, our police forces have to remove them forcibly from the courtroom. >> i think it's a fundamentally different posture if they stormed the courtroom, required the justice and participants to plead for their safety. >> what happened on january 6th was very, very serious and i'm not equating this with that. >> joining us now is mary mccord, the co-host of the prosecuting donald trump podcast. mary, good to see you. your sense of how the justices received the arguments today and if they gave any indication about which way they're leaning. >
this ruling brought by special counsel jack smith in his federal election case. lawyers argued the statute was not meant to apply to circumstances like the january 6th insurrection. and the government argued the january 6th attack is exactly what the proceeding look leak. there was one exchange. >> so we've had a number of protests in the courtroom. let's say that today five people get up one after the other and they shout either keep the january 6th insurrectionist in jail or free the...
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Apr 26, 2024
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he represents special counsel jack smith. putting that out there bribery, treason, sedition, murder, and here conspiring to use fraud to overturn the results of an election and perpetuate himself in power. this is the entire ball game. it's not something you can slice in half and come up with a tidier way that keeps you out of the politics -- >> if you're someone who studied the 2025 project, the platform for a second term term, there is no separation at the policy level between trump, the private person who would act, and trump the wannabe resident again in his official acts. they are together officially and publicly. when he ran the first time, to unearth what he really wanted to do with the border. it was a scoop and leak that led to the store we know about and covered the part to do illegal things at the border. it's in a document and you can keyword search it and the official and private acts of the second term agenda. what they do doesn't just matter in terms of the first-ever file and transfer of power in america havin
he represents special counsel jack smith. putting that out there bribery, treason, sedition, murder, and here conspiring to use fraud to overturn the results of an election and perpetuate himself in power. this is the entire ball game. it's not something you can slice in half and come up with a tidier way that keeps you out of the politics -- >> if you're someone who studied the 2025 project, the platform for a second term term, there is no separation at the policy level between trump,...
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Apr 7, 2024
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and then jack smith will be able to take it to the 11th circuit. it's difficult for prosecutors. it is not something that we'll do frequently and requires the approval of the general. this is a judge who has made repeated rulings that they have not just said we're wrong, that they said they were just in a different universe. i think that this is the right sort of case and the moment where jack smith will need to do that. he cannot go to trial in front of this judge. >> it is hard to argue with the rest. when time is on the clock, you need to start this case before november. i've got one last question for you that we're following the day after new york. and related to trump's charges in dc. they will hear his immunity claims. supreme court rulings might come in june. can i talk about the point of order on all of this? is it for sure that we would get the end of the court's term, and can that doj case immediately go forward? i mean i'm just thinking about that hard november deadline. >> reporter: look, there is an optimistic scenario here where they are preparing to rule on immunit
and then jack smith will be able to take it to the 11th circuit. it's difficult for prosecutors. it is not something that we'll do frequently and requires the approval of the general. this is a judge who has made repeated rulings that they have not just said we're wrong, that they said they were just in a different universe. i think that this is the right sort of case and the moment where jack smith will need to do that. he cannot go to trial in front of this judge. >> it is hard to argue...
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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...