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Feb 14, 2024
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and jack smith is not mincing any words. so that's the first point that there's a likelihood, there's no likelihood that trump's going to get this. and then he goes on for page after page, it's just devastating, ari, explaining why trump's claim fails constitutional logic, principles and the like, and then the last thing, and i think we're going to hear a lot about this, at the very end, smith says, look, supreme court, if you want to hear this case, hear it quickly. expedite the appeal. we were ready to go in march, and we will have decided it that quickly. >> let me read that, and then you can break it down. i'm curious, andrew's reaction as well because that's the plan b here. i just want to reset as we do on the news because i've got two super smart fast talking lawyers here, the breaking news is that jack smith has now stepped up and very quickly, you know, filed his supreme court filing, telling the supreme court we won, we want to put trump on trial. we don't accept any delay. we don't think this should be delayed or
and jack smith is not mincing any words. so that's the first point that there's a likelihood, there's no likelihood that trump's going to get this. and then he goes on for page after page, it's just devastating, ari, explaining why trump's claim fails constitutional logic, principles and the like, and then the last thing, and i think we're going to hear a lot about this, at the very end, smith says, look, supreme court, if you want to hear this case, hear it quickly. expedite the appeal. we...
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Apr 28, 2024
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smith needed anyone to make thoas arguments it was going to be mike dreeben. >> was jack smith there today? >> he was at the counsel table today. >> you said some justices appeared open to this idea, the argument being made by the former president's legal team. which justices? >> there were a few, actually. two of trump's own appointees seemed more receptive to the arguments than perhaps anyone else on the court. particularly justice brett kavanaugh was very concerned about the idea of letting criminal prosecutions go forward over actions taken by the president. he continually floated this idea, this rule that would say that unless a statute specifically mentions the president, that then it can't be applied against hem. that is a slight variation on the whole question of immunity but it would get their via a different rout and would essentially mean the end of jack smith's case. neil gorsuch moated the possibility of this situation, he said would lead to just every president pardoning themselves on the way out of office which is a novel and kind of dangerous situation for the court t
smith needed anyone to make thoas arguments it was going to be mike dreeben. >> was jack smith there today? >> he was at the counsel table today. >> you said some justices appeared open to this idea, the argument being made by the former president's legal team. which justices? >> there were a few, actually. two of trump's own appointees seemed more receptive to the arguments than perhaps anyone else on the court. particularly justice brett kavanaugh was very concerned...
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Feb 15, 2024
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a footnote in jack smith's brief refers the court to a petition jacks mitt filed with the court on december 11th, trying to get the supreme court to take this case then and by past the court of appeals. because it was obviously going to eventually end up in the supreme court anyway, as it has. in that filing, in december, jack smith laid out the timeline of just how quickly the united states supreme court can act when it wants to. quote, on may 24th, 1974, the special prosecutor -- socked -- a week later, and set the case for -- july, 1970 the decision issued 16 days later. when the trial began in the fall of 1974. so the timeline, when the supreme court wanted to new move fast in the nixon case, was a total of two months. from the first filing requesting that the supreme court hear the case to the day the supreme court issued its opinion. two months. if the supreme court had taken this case when jack smith asked him to -- on december 11th and if they followed the nixon schedule, they would've issued their opinion on this case on monday of this week. two days ago. and instead, on monday of
a footnote in jack smith's brief refers the court to a petition jacks mitt filed with the court on december 11th, trying to get the supreme court to take this case then and by past the court of appeals. because it was obviously going to eventually end up in the supreme court anyway, as it has. in that filing, in december, jack smith laid out the timeline of just how quickly the united states supreme court can act when it wants to. quote, on may 24th, 1974, the special prosecutor -- socked -- a...
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Feb 25, 2024
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i think jack smith is that he certainly projecting that jack smith by reputation is a hard-driving prosecutor, you, ryan goodman is a former special counsel at the department of defense, and a >> professor at nyu. >> he has gone after a political corruption on both sides of the aisle. democrats and republicans, he's also somebody who served as a war crimes prosecutor and has indicted data sitting president in kosovo. so he's that kind of an individual that moves fast and moves aggressively at the same time that also might come with some risks. >> why is there some criticism that he overreaches? >> well, if you look at jack smith's history, his three highest profile cases for this, all of them have failed either at the trial level or the appellate level. and so the criticism is, well, he's overeager, he's over anxious >> what is going to be one of the toughest hurdles for jack smith's team to overcome everything in this case will turn on what donald trump's state of mind is and whether there was corrupt intent all the facts they played out on national television. the speeches have been played
i think jack smith is that he certainly projecting that jack smith by reputation is a hard-driving prosecutor, you, ryan goodman is a former special counsel at the department of defense, and a >> professor at nyu. >> he has gone after a political corruption on both sides of the aisle. democrats and republicans, he's also somebody who served as a war crimes prosecutor and has indicted data sitting president in kosovo. so he's that kind of an individual that moves fast and moves...
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office, jack smith's entire office is illegal and outside the constitution. congress never passed a law enacting jack smith's office and it violates the appointments clause and it's bigger than ever nominated and senate hasn't confirmed him and take atrium and biden is all the words jack smith. is it okay for justice department, any justice department to go ahead and, ag, go ahead and appoint a special council to investigate a mitt cal opponent? >> right, greated a me stumbled upon a long forgetten document and outlines some provisions for this type of stuff. and guardrails and one cannot simply just appoint a private citizen and give them all the powers of federal law enforcement and say go happy hunting and, no, there's appointments clause and a process that needs to be played out. you know, general meiss lays las that out. elizabeth: thank you, good to see you. >> you too. elizabeth: dr. janette nesheiwat joining and yous more than 200 troops and veterans demanding biden's pentagon leadership be fired. why? because of the covid vaccine man dade. we're goin
office, jack smith's entire office is illegal and outside the constitution. congress never passed a law enacting jack smith's office and it violates the appointments clause and it's bigger than ever nominated and senate hasn't confirmed him and take atrium and biden is all the words jack smith. is it okay for justice department, any justice department to go ahead and, ag, go ahead and appoint a special council to investigate a mitt cal opponent? >> right, greated a me stumbled upon a long...
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Apr 4, 2024
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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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Feb 28, 2024
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smith tried to impose upon them way back in december when jack smith went to the supreme court and said justices, please take up this case now so that we can get a clear answer. this is yours to answer. and then once the dc circuit, once it's supreme court said no, we're not coming in and the dc circuit ruled that was another several weeks, so president trump's former president trump's effort to run the clock has a partner in the supreme court at this point, even though jake probably in the end, the justices will agree with the dc circuit and say and reject president former president donald trump's claim of absolute immunity. but what good will that do for and he kind of trial before we're really into the heat of this next presidential election. >> so just, just to recap, joan the us supreme court is not going to just like defer to the appeals court. they are going to hear the argument about whether or not donald trump has immunity. can say that what he did as president is he's immune from prosecution because he was president at the time. do we have any sort of timeline so the court's g
smith tried to impose upon them way back in december when jack smith went to the supreme court and said justices, please take up this case now so that we can get a clear answer. this is yours to answer. and then once the dc circuit, once it's supreme court said no, we're not coming in and the dc circuit ruled that was another several weeks, so president trump's former president trump's effort to run the clock has a partner in the supreme court at this point, even though jake probably in the...
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Apr 4, 2024
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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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Apr 5, 2024
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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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Jan 7, 2024
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talked about jack smith. i want to get your take on how the supreme court is going to rule on immunity case, but also there's china. china, you say, did meddle in the 2020 election and will do it in 2024. >> yeah, they very clearly did. the intelligence community has assessed that and said that they will intensify. and one of the concerns that we have is they'll do the same things they did before. but, maria, there's been a 1,000% increase in the number of chinese national coming across our border. 5,000 were caught just in the month of november. 85% of those are single men of military age. so the real question there is what percentage of those are here on pla or frc orders -- prc orders to intensify efforts to interfere in the election? maria: that's right. good point. >> yeah. with respect to what's happening with colorado, look, jack smith who's the most aggressive prosecutor as i talked about, even he couldn't bring charges for insurrection against donald trump. so is when a federal grand jury pass on it
talked about jack smith. i want to get your take on how the supreme court is going to rule on immunity case, but also there's china. china, you say, did meddle in the 2020 election and will do it in 2024. >> yeah, they very clearly did. the intelligence community has assessed that and said that they will intensify. and one of the concerns that we have is they'll do the same things they did before. but, maria, there's been a 1,000% increase in the number of chinese national coming across...
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Jan 7, 2024
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first off, take on jack smith. the last time we spoke about the special counsel, you said he had a mueller moment. >> i did. so, maria, you know, we expect foreign adversaries like china to interfere in our elections, but what we don't expect and what we should never tolerate is for our own government, for our own agencies and entities within our republic to interfere in elections, and that's exactly what is happening on a number of fronts. you mentioned the intelligence community and that analyst, and we've talked about that a great deal about how the politicization has come into play. but here -- leaning into 2024 there's a couple of things that are happening. one is an effort to keep donald trump off of the ballot. you mentioned what's taking place in colorado and maine and blue states and officials there. but then there's also the effort to keep donald trump off the campaign trail, and that's what jack smith is doing. and if what i think is just a nakedly political and partisan prosecution. the department of ju
first off, take on jack smith. the last time we spoke about the special counsel, you said he had a mueller moment. >> i did. so, maria, you know, we expect foreign adversaries like china to interfere in our elections, but what we don't expect and what we should never tolerate is for our own government, for our own agencies and entities within our republic to interfere in elections, and that's exactly what is happening on a number of fronts. you mentioned the intelligence community and...
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Apr 26, 2024
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smith needed anyone to make thoas arguments it was going to be mike dreeben. >> was jack smith there today? >> he was at the counsel table today. >> you said some justices appeared open to this idea, the argument being made by the former president's legal team. which justices? >> there were a few, actually. two of trump's own appointees seemed more receptive to the arguments than perhaps anyone else on the court. particularly justice brett kavanaugh was very concerned about the idea of letting criminal prosecutions go forward over actions taken by the president. he continually floated this idea, this rule that would s that unless a statute specifically mentions the president, that then it can't be applied against hem. that is a slight variation on the whole question of immunity but it would get their via a different rout and would essentially mean the end of jack smith's case. neil gorsuch moated the possibility of this situation, he said would lead to just every president pardoning themselves on the way out of office which is a novel and kind of dangerous situation for the court to
smith needed anyone to make thoas arguments it was going to be mike dreeben. >> was jack smith there today? >> he was at the counsel table today. >> you said some justices appeared open to this idea, the argument being made by the former president's legal team. which justices? >> there were a few, actually. two of trump's own appointees seemed more receptive to the arguments than perhaps anyone else on the court. particularly justice brett kavanaugh was very concerned...
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May 30, 2024
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was it a bit of an unforced error by jack smith? a little bit, they could have done it a different way. would other judges have done what she did? probably not. >> we have to speak frankly, though, about whey think is not even a double standard here. to bradley's point -- and i'm very respectful of process, right, there's a procedure that has to be followed, but in this instance, this motion wasn't filed on an emergent basis, but it does allege something that is of serious security and safety for law enforcement officers who executed a dually authorized search warrant that was approved by a magistrate judge and was done in coordination with the united states secret service. and so in order to be able to curb what is happening with trump, is there a fear that there's going to be a first amendment issue that's going to be raised by trump's defense? >> well, i can't believe i'm about to say this, but i disagree with brad. bradley, i think this is something that is absolutely outrageous. i think this is the kind of thing that is going t
was it a bit of an unforced error by jack smith? a little bit, they could have done it a different way. would other judges have done what she did? probably not. >> we have to speak frankly, though, about whey think is not even a double standard here. to bradley's point -- and i'm very respectful of process, right, there's a procedure that has to be followed, but in this instance, this motion wasn't filed on an emergent basis, but it does allege something that is of serious security and...
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Feb 29, 2024
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in jack smith's brief to the supreme court, jack smith argued there was no need for the supreme court to hear the case at all. but if the supreme court was inclined to hear the case, jack smith asked the supreme court not to send the case back for another round at the appeals court, but to set an expedited hearing at the supreme court, schedule that expedited hearing. and that is what the supreme court now has done. leading off our discussion tonight is neal katyal, former acting u.s. solicitor general and host of the podcast courtside with neal katyal. he is an msnbc legal analyst. and neal, i want to begin the way all lawyers begin when they get these notices from the supreme court that they're going to hear your case. they have the supreme court identified for the lawyers on both sides the question, and the only question, they want to hear addressed. and i want to give that question to the audience now. the question is whether, and if so to what extent, does a former president enjoy presidential immunity from criminal prosecution for conduct alleged to involve official acts during
in jack smith's brief to the supreme court, jack smith argued there was no need for the supreme court to hear the case at all. but if the supreme court was inclined to hear the case, jack smith asked the supreme court not to send the case back for another round at the appeals court, but to set an expedited hearing at the supreme court, schedule that expedited hearing. and that is what the supreme court now has done. leading off our discussion tonight is neal katyal, former acting u.s. solicitor...
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that's special counsel jack smith tried to impose upon them way back in december when jack smith went to the supreme court and said, justices, please take up this case now so that we can get a clear answer. this is yours to answer. and then once the dc circuit once the supreme court said no, we're not coming in and the dc circuit ruled that was another several weeks, so president trump's former president trump's effort to run the clock has a partner in the supreme court at this point, even though jake probably in the end, the justices will agree with the dc circuit and say and reject president, former president donald trump's claim of absolute immunity. >> but >> what good will that do for any kind of trial before we're really into the heat of this next presidential election. >> so just, just to recap, joan the us supreme court is not going to just like defer to the appeals court. they are going to hear the argument about whether or not donald trump has immunity. can say that what he did as president is he's immune from prosecution because he was president at the time. do we have any
that's special counsel jack smith tried to impose upon them way back in december when jack smith went to the supreme court and said, justices, please take up this case now so that we can get a clear answer. this is yours to answer. and then once the dc circuit once the supreme court said no, we're not coming in and the dc circuit ruled that was another several weeks, so president trump's former president trump's effort to run the clock has a partner in the supreme court at this point, even...
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then we get this order which was remarkably insulting to jack smith. but that is par for the course. i have seen judge cannon. i tweeted bradley that this is a form over substance issue. she could have set a hearing after doing a very quick briefing schedule on this. didn't jack smith confer with donald trump's lawyers and say we don't think it is an emergency in. >> comes back to the phrase we have been talking about since the beginning. so yes. there were alternate options judge cannon could have taken here. she could have asked jacksmelt's team to submit declarations about the nature of what they viewed as the threat from these statements from donald trump. that was a path she could have taken. she chose not to. she didn't do what donald trump wanted which was immediately order some kind of sanction hearing. but she did basically tell jack smith, go back, do at least something to show me you quote unquote conferred with donald trump's team and provide me with something more. put more meat on the bone before you bring this to me in a non-emergency fo
then we get this order which was remarkably insulting to jack smith. but that is par for the course. i have seen judge cannon. i tweeted bradley that this is a form over substance issue. she could have set a hearing after doing a very quick briefing schedule on this. didn't jack smith confer with donald trump's lawyers and say we don't think it is an emergency in. >> comes back to the phrase we have been talking about since the beginning. so yes. there were alternate options judge cannon...
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clearly, jack smith thought otherwise. standby. we're continuing to follow this breaking news. we have much more on this going on. this breaking news that jack smith, the special counsel in his prosecutors are now asking for a gag order in the classified documents case, something we have not seen yet today. it is all because of comments that you just heard the judge sayyed right there, that trump made and funny fundraising emails that he has made on truth social, that his allies have repeated on their own social media websites and on television. stay with us. we'll be right back with the breaking news one of the most active 22 seasons, you can't control a what kinds of interventions can we design? go inside the store. >> premiere of one and earth with liev schreiber, june 2 had nine on cnn for the most comfortable luxurious eco-friendly, and affordable handcrafted american-made mattresses on the market today, delivered and set up in any room of your house saada luxury mattresses made in florida's? >> i'm certain it's level five or years for imprints certainty matters for imprin
clearly, jack smith thought otherwise. standby. we're continuing to follow this breaking news. we have much more on this going on. this breaking news that jack smith, the special counsel in his prosecutors are now asking for a gag order in the classified documents case, something we have not seen yet today. it is all because of comments that you just heard the judge sayyed right there, that trump made and funny fundraising emails that he has made on truth social, that his allies have repeated...
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Mar 20, 2024
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what he's saying about jack smith and this type of probe. take a look. >> they're breaking every law to persecute us. it's been one witch hunt and phony investigation after another. these are ridiculous indictments. the single greatest witch hunt of all time. it's all run by the doj. it's crooked stuff. they're crooked people. deranged jack smith. they had no -- i got four indictments. >> is he right or wrong? >> i mean, the way i see it, if these were his personal -- personal documents and -- or he's allowed to have these by the pra, why would you need to ask questions about video footage? why would you possibly move the documents when they are coming to retrieve them? to me it just doesn't make any sense. on top of that, why would you put two lower level employees in the position they're in if you did nothing wrong and these are your own -- these are your personal documents? >> so you're saying that in the way that he acted, trying to hide, and the people that he brought into it, you think you observed part of a coverup? >> i -- i -- i thi
what he's saying about jack smith and this type of probe. take a look. >> they're breaking every law to persecute us. it's been one witch hunt and phony investigation after another. these are ridiculous indictments. the single greatest witch hunt of all time. it's all run by the doj. it's crooked stuff. they're crooked people. deranged jack smith. they had no -- i got four indictments. >> is he right or wrong? >> i mean, the way i see it, if these were his personal -- personal...
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Feb 28, 2024
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now, having said that, jack smith has things he can do. he could make an argument to the judge that 88 days should be shortened, that that time frame she had given before isn't needed. it was too generous. they could also shorten their trial. they could say that we are not going to do -- >> let me jump in. i'm only jumping in because now it's feeling really tactical to me. and andrew, if it's tactical for me, how do other people feel? because these are two legal nerds. so i'm going to say putting tactics a little bit aside, what is the latest you think they could reasonably start this trial? >> i think if it doesn't start by some time in july, i think it is really hard to see the judge saying that they're going to go forward and have him -- i mean at some point there is going to be pressure on the district judge to say am i going to have the leading candidate for one of the parties on trial and not being able to -- you know, has to attend to a trial and should be running for office. at some point that tension, i think, is going to be somet
now, having said that, jack smith has things he can do. he could make an argument to the judge that 88 days should be shortened, that that time frame she had given before isn't needed. it was too generous. they could also shorten their trial. they could say that we are not going to do -- >> let me jump in. i'm only jumping in because now it's feeling really tactical to me. and andrew, if it's tactical for me, how do other people feel? because these are two legal nerds. so i'm going to say...
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Feb 14, 2024
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, filed his reply to donald trump's effort to stop the trial and the win that jack smith got in that appeals court. they are citing donald trump's alleged effort to perpetuate himself in power, the charged crime strike at the heart of our democracy, and smith says the supreme court should not stay or delay this case, that the trial should commence on the planned schedule, which means if he won,
, filed his reply to donald trump's effort to stop the trial and the win that jack smith got in that appeals court. they are citing donald trump's alleged effort to perpetuate himself in power, the charged crime strike at the heart of our democracy, and smith says the supreme court should not stay or delay this case, that the trial should commence on the planned schedule, which means if he won,
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Feb 14, 2024
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now, jack smith makes a couple of arguments. first of all, he says, donald trump does not have any realistic probability of succeeding on his immunity claim. and that's something you have to show at this point. for the supreme court to put the brakes on and take the case and then jack smith's has and there's a broader public interest in getting dumped. trump tried. he does not say before the election, jack smith continues to refuse to acknowledge that he's motivated by the election, but he says there's a broad public interest in getting donald trump tried quickly on these charges. now, the other thing jack smith says to the supreme court is, if you are not going to put this on pause, if you are going to take this case, please. please please rule get give us as short and quick a schedule as you possibly can. jack smith obviously wants to cover himself at every turn and give himself the maximum possible chance to get this case tried before the election. >> jennifer, what stands out to you >> well, i agree with elie all of those po
now, jack smith makes a couple of arguments. first of all, he says, donald trump does not have any realistic probability of succeeding on his immunity claim. and that's something you have to show at this point. for the supreme court to put the brakes on and take the case and then jack smith's has and there's a broader public interest in getting dumped. trump tried. he does not say before the election, jack smith continues to refuse to acknowledge that he's motivated by the election, but he says...
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Apr 9, 2024
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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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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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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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. >>> we turn now to donald trump tonight, and special counsel jack smith signaling his frustration with the florida judge overseeing the classified documents case. smith calling a key decision by the judge, quote, fundamentally flawed. here's pierre thomas. >> reporter: tonight, in an extraordinary filing, special counsel jack smith increasingly frustrated with the florida judge's handling of the classified documents case, urging her to move the trial along. smith bluntly telling judge aileen cannon -- who was appointed by donald trump -- that her decision to even consider trump's claim that he could just declare classified documents to be his personal papers was "fundamentally flawed." smith's unusually critical language came in response to judge cannon's suggestion that she might instruct the jury to take into account trump's claims that the classified documents were his personal property. smith writing that such a "legal premise is wrong" and "would distort the trial." and he's urging judge cannon to explain her position as soon as possible, making it clear he is ready to appeal to a
. >>> we turn now to donald trump tonight, and special counsel jack smith signaling his frustration with the florida judge overseeing the classified documents case. smith calling a key decision by the judge, quote, fundamentally flawed. here's pierre thomas. >> reporter: tonight, in an extraordinary filing, special counsel jack smith increasingly frustrated with the florida judge's handling of the classified documents case, urging her to move the trial along. smith bluntly...
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Apr 30, 2024
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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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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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>> biggest picture, huge win for jack smith. unequivocal win for jack smith. the language in this ruling is very strong. they forcefully reject donald trump's immunity arguments. there's really three major findings that the d.c. court of appeals makes here. first of all, they reject this notion of blanket immunity. they say it is not and cannot be that a president simply can never be charged for anything that happens during his time in office. second, the court of appeals in d.c. says, if we're asking the question whether donald trump's conduct was inside his job as president or outside his job as president, they say he was out of bounds here. he's not covered because high was out of bounds. even if there is am immunity for stuff that's inside the presidency, he's way out of it. fully, they reject this i think ludicrous argument that, well, a president can only be indicted if he has first been impeached by the house and convicted by the senate. remember, that led to the ridiculous hypotheticals about could a president order assassination. so this court of appe
>> biggest picture, huge win for jack smith. unequivocal win for jack smith. the language in this ruling is very strong. they forcefully reject donald trump's immunity arguments. there's really three major findings that the d.c. court of appeals makes here. first of all, they reject this notion of blanket immunity. they say it is not and cannot be that a president simply can never be charged for anything that happens during his time in office. second, the court of appeals in d.c. says, if...
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today judge cannon rejected that rather ridiculous defense handing jack smith an ostensible win. this could be round one on these issues. cannon saying that the criminal charges against trump, quote, make no reference to the presidential record act, never to -- nor do they rely on the statute for purpose of stating offense, adding, quote, accepting allegations of the superseding indictment is true, the presidential records act does not provide a pretrial basis to dismiss. the judge there leaving the door open to revisiting this issue. and as we've reported on this broadcast, at that hour yesterday, cannon had asked both prosecutors and trump's defense team to address the question of whether those documents could be considered personal in jury instructions which led to a sharp rebuke from special counsel jack smith's team. he called the idea, quote, fundamentally flawed, in her ruling today cannon fires back saying that smith's demand to settle the issue of whether the documents could be considered personal once and for all is,
today judge cannon rejected that rather ridiculous defense handing jack smith an ostensible win. this could be round one on these issues. cannon saying that the criminal charges against trump, quote, make no reference to the presidential record act, never to -- nor do they rely on the statute for purpose of stating offense, adding, quote, accepting allegations of the superseding indictment is true, the presidential records act does not provide a pretrial basis to dismiss. the judge there...
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jack smith was very clear about this. jack smith said, we will lose. you are prejudicing the prosecution, because you are giving the defense an opportunity to argue a law that doesn't apply here. the jury will be compelled to find former president trump not guilty. that seems to me in a series of options, this motion, the best option. judge cannon made it clear so far that she thinks in some way this defense applies. she would likely rule that that defense applies, and then jack smith could take it up on appeal. as you know, all of this is still a victory for former president trump if he can continue to delay this trial. as you pointed out, it seems very, very unlikely that we will have a trial before the november election. >> on each of these instances, instead of just asking for a brief, she's asking for hearings. that further delays. she's scheduling hearings. in many cases, some of the lawyers say that's unnecessary, the lawyers in jack smith's office. in terms of doing something with the 11th circuit, you are practicing -- you are familiar with th
jack smith was very clear about this. jack smith said, we will lose. you are prejudicing the prosecution, because you are giving the defense an opportunity to argue a law that doesn't apply here. the jury will be compelled to find former president trump not guilty. that seems to me in a series of options, this motion, the best option. judge cannon made it clear so far that she thinks in some way this defense applies. she would likely rule that that defense applies, and then jack smith could...
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and special counsel jack smith and judge chutkan have also signaled we're looking at something like a three-month trial for this. let's assume 88 days for trump's team to finish their prep before the trial, and let's assume the three months theeded for the trial itself is a nice round 90 days. that comes out to 178 days. that is how long it would take for this trial to actually conclude after we get a decision back from the supreme court. so let's go back to the calender. the election is november 5, an oral argument on trump's presidential immunity claims at the supreme court is set for the week of april 22nd. this would be the fastest possible scenario here as everything stands at present. the supreme court meet monday april 22prnd and they make a decision the next day, tuesday, april 23rd. if we add 178 days to tuesday, april 23rd, that would mean the trial would finish on wednesday, october 16th. 20 days before the general election. that is what we are working with here in the best case scenario. joining me now is neil katyal, former acting solicitor-general of the united states an
and special counsel jack smith and judge chutkan have also signaled we're looking at something like a three-month trial for this. let's assume 88 days for trump's team to finish their prep before the trial, and let's assume the three months theeded for the trial itself is a nice round 90 days. that comes out to 178 days. that is how long it would take for this trial to actually conclude after we get a decision back from the supreme court. so let's go back to the calender. the election is...
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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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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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because if they went with jack smith then everybody claims that they're playing politics and putting the thumb on the scale of the government and if they do it the way they've done it people claim they've put their thumb on the scale for trump, so i don't know if there's any real way out for them here without getting the type of criticism they're getting. so we'll see. >> again, i'll go back and forth with you, but david, you're using shorthand of saying who they go with. all donald trump cares about is avoiding this trial by the election. if they do something that does that then they've gone with trump. as i said the viewers know what's going on. i'm happy to hear a counterargument. what is the worth -- what's the legal value, david, of a precedent that says you can put him on trial, but we won't let you. >> look, i'm just trying to throw some arguments on there. not that i disagree with you, they're the arguments being presented, but on the other side is that in those other cases you cited there is an external non-case issue that kind of drives the decision as opposed to when this
because if they went with jack smith then everybody claims that they're playing politics and putting the thumb on the scale of the government and if they do it the way they've done it people claim they've put their thumb on the scale for trump, so i don't know if there's any real way out for them here without getting the type of criticism they're getting. so we'll see. >> again, i'll go back and forth with you, but david, you're using shorthand of saying who they go with. all donald trump...
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. >>> special counsel jack smith and donald trump have until midnight tonight to respond to an order from judge aileen cannon with their proposed jury instructions in the criminal case against donald trump for his alleged illegal retention of classified documents and his obstruction of efforts by the government to get them back. judge cannon has already said she's considering giving an instruction to jurors that is essentially donald trump's defense in the case, a president has sole authority under the presidential records act to categorize records as personal or presidential during his or her presidency. judge cannon has yet to rule on new proposed dates for the trial to begin, fueling concerns that jack smith's proposed july start might not happen. in a paperless order today, judge cannon ordered donald trump and his co-defendants in the documents case to file a speedy trial report by friday, saying, the report shall include defendants positions on all excludable time from the speedy trial. and expressly indicate any defendants current assertion or waiver of speedy trial rights, wi
. >>> special counsel jack smith and donald trump have until midnight tonight to respond to an order from judge aileen cannon with their proposed jury instructions in the criminal case against donald trump for his alleged illegal retention of classified documents and his obstruction of efforts by the government to get them back. judge cannon has already said she's considering giving an instruction to jurors that is essentially donald trump's defense in the case, a president has sole...
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sorry, jack smith. i mean, does that seem unusual to you? me >> i don't think unusual even begins to capture it. it's really extraordinary. prosecutors have to be able to protect witnesses, not just in this case but in every case, because we ask people to come forward, detail the truth so we can hold criminals accountable. sometimes criminals aren't super nice people. in this case we've got a defendant who, whether through his fault or through the implications his followers take from his comments, witnesses, people who have spoken out against him, have been exposed to risk. in some cases, speaker pelosi's husband paul comes to mind, exposed to higher because his wife had become one of trump's political targets. so look, if you are a federal judge, what you are doing here is listening to prosecutors. you're carefully evaluating evidence of the law. when they come to you seeing this is so serious that we have an ongoing investigation that we need to protect, you don't then turn that over to donald trump the defendant. >> it seems like there is
sorry, jack smith. i mean, does that seem unusual to you? me >> i don't think unusual even begins to capture it. it's really extraordinary. prosecutors have to be able to protect witnesses, not just in this case but in every case, because we ask people to come forward, detail the truth so we can hold criminals accountable. sometimes criminals aren't super nice people. in this case we've got a defendant who, whether through his fault or through the implications his followers take from his...
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okay, it's a couple of weeks apart, jack smith and trump. but does this mean that we are very likely to see the -- case then begin before the fall? or could the judge still do other things? >> the judge still could do other things. it's, and i think with this particular judge, it is pretty hard to predict where she comes out. my guess is they're -- betting that she goes with the trump proposed dayton with the smith proposed state. it's going to depend on her calendar. but again, what surprises me most about this is that, it's what it tells us i think that jacks mitt is saying, there ain't no way i'm getting to this election case before the election. >> fascinating. and again, it's been a flurry of filings. because this leading candidate for the republican nomination is also a defendant in several different jurisdictions. david, i'm going to tell you this. and i'm not just saying this because of our history. we appreciate your arguments, and your counter arguments. >> when we come back, -- choice, and your rights. stay with us. -- choice, and
okay, it's a couple of weeks apart, jack smith and trump. but does this mean that we are very likely to see the -- case then begin before the fall? or could the judge still do other things? >> the judge still could do other things. it's, and i think with this particular judge, it is pretty hard to predict where she comes out. my guess is they're -- betting that she goes with the trump proposed dayton with the smith proposed state. it's going to depend on her calendar. but again, what...
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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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[laughter] >>> breaking news tonight, someone sent special prosecutor jack smith a dangerous gift on christmas day. nbc news is reporting special counsel jack smith who is overseeing the prosecution of former president donald trump in two federal cases was the target of an attempted swatting at his maryland residence on christmas day, according to two law enforcement sources, someone called 9-1-1 on december 25th, reporting that he had shot his wife at the address where smith lives. montgomery county police dispatched units towards the home but were called off when the deputy u.s. marshals protecting smith and his family told police that it was a false alarm, that everyone inside the home was safe. no arrests have been made in connection with the incident. earlier today, nbc news reported that federal judge tanya chutkan who was presiding over the now paused case of the united states of america versus donald j trump in which jack smith is accusing donald j trump of crimes leading up to and on january 6th, was also the victim of a similar swatting incident. today in a campaign speech
[laughter] >>> breaking news tonight, someone sent special prosecutor jack smith a dangerous gift on christmas day. nbc news is reporting special counsel jack smith who is overseeing the prosecution of former president donald trump in two federal cases was the target of an attempted swatting at his maryland residence on christmas day, according to two law enforcement sources, someone called 9-1-1 on december 25th, reporting that he had shot his wife at the address where smith lives....
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you really can't appeal that if you're jack smith and by the way, this is why i think jack smith is concerned with today's ruling, although he one in the sense that the court did not dismiss the charges if i'm jack smith and i think smith feels the same way, i'm very worried about this defense going to a jury because it's confusing, because it's complicated because it's technical and prosecutors always want to tell us simple, straightforward story. and frankly, defendants want to muck things up and as much as i think this defense lacks merit, i do think it could confuse the jury in a way that would worry me as a process it's cuter >> yeah. >> that may be the case. we may have heard the last of mandamus, at least for the time being. however, and for that, we may be thankful. elie honig. thank you so much. appreciate it. >> thanks, >> so what's going on inside of trump's mind after a judge that he likes ruled against him, couple that with all his other legal and financial blows this week, someone one who knows him well, will join us to talk about it, plus a $30,000,000 mystery. who was behind t
you really can't appeal that if you're jack smith and by the way, this is why i think jack smith is concerned with today's ruling, although he one in the sense that the court did not dismiss the charges if i'm jack smith and i think smith feels the same way, i'm very worried about this defense going to a jury because it's confusing, because it's complicated because it's technical and prosecutors always want to tell us simple, straightforward story. and frankly, defendants want to muck things up...
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jack smith would have brought it. i think he would be particularly seen as being political if he did that in light of colorado case but that's another arrow in his quiver if he wants to shoot it. >> a little side note the president is entitled to believe donald trump committed insurrection. the special counsel apparently works for him did not charge president trump for insurrection and, in fact, the senate acquitted in the second impeachment. >> before remove onto the next topic we will be reserving significant time for questions and answers. if you would like to ask a question, type it into the q&a box which is at the bottom of the zoom panel. let's turn to the the second topic. the court can't get out of it no matter how much they try. a case called fisher which perhaps essential charge. also against president trump and this is a question whether the activities on january 6th, whether you think they were right or wrong justify or not, do they rise to the level of obstruction of proceeding of congress. what do you ma
jack smith would have brought it. i think he would be particularly seen as being political if he did that in light of colorado case but that's another arrow in his quiver if he wants to shoot it. >> a little side note the president is entitled to believe donald trump committed insurrection. the special counsel apparently works for him did not charge president trump for insurrection and, in fact, the senate acquitted in the second impeachment. >> before remove onto the next topic we...
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so i can see jack smith trying to do that. but just remember, he has to be thinking it is the start date unconcerned about. and, if you just, i did not do math in public, -- >> neither do i. i try i try not to. >> it is just not, it is just not looking good. that is all assuming that the supreme court does not do things to delay the case further, and there are various outcomes that it could. >> right, i'm operating in best- case mario here. >> yeah, but that, is you know, when you put your mind in your head in jack smith's thinking, he has -- not best-case an area, so he is thinking you know what, i have a very strong case in the classified documents case, i mean he has to be thinking this has jury appeal, it is not just the retention of classified documents, it is two forms of obstruction, by all accounts it looks like an incredibly strong case. we still have not heard any defense from the former president that passes the straight face test. honestly we will see what happens at trial. so he seems to be thinking okay let's see
so i can see jack smith trying to do that. but just remember, he has to be thinking it is the start date unconcerned about. and, if you just, i did not do math in public, -- >> neither do i. i try i try not to. >> it is just not, it is just not looking good. that is all assuming that the supreme court does not do things to delay the case further, and there are various outcomes that it could. >> right, i'm operating in best- case mario here. >> yeah, but that, is you...