The DC Superseder

Tuesday, the Senate Judiciary Committee held a hearing titled: “‘When the President Does It, that Means It’s Not Illegal’: The Supreme Court’s Unprecedented Immunity Decision”, and MSNBC legal analyst Mary McCord was called to testify before the committee. She and Andrew Weissmann reflect on what she laid out for the Senators concerning the fallout from the Supreme Court’s immunity decision. Then, they review the flurry of filings in Trump’s DC election interference case, where Jack Smith’s team is expected to file a substantial opening brief on Thursday. And lastly, after weeks of harassment and bomb threats, a non-profit group in Springfield, Ohio filed citizen-led criminal charges against Donald Trump and JD Vance for repeating lies that have allegedly led to threats against Haitian immigrants living in the community.Further reading:Here is Mary’s opening statement before the Senate Judiciary Committee.Here is the Just Security piece Andrew mentioned from Adam Klasfeld and Ryan Goodman, citing twelve instances of targeting supposed foes during the Trump administration: Chronology of a Dozen Times Trump Pushed to Prosecute His Perceived EnemiesWant to listen to this show without ads? Sign up for MSNBC Premium on Apple Podcasts. As a subscriber you’ll also be able to get occasional bonus content from this and other shows.

As the FBI continues to investigate the second apparent Trump assassination attempt, MSNBC legal analysts Andrew Weissmann and Mary McCord describe the charges brought and the reasoning behind them. Then, they move to the latest out of Georgia after Judge McAfee dismissed three counts from the 41-count indictment, while allowing the rest to go forward. And lastly, Mary and Andrew welcome Adav Noti, Executive Director of the Campaign Legal Center, to calm some concerns about certain jurisdictions refusing to certify this November's election results.Want to listen to this show without ads? Sign up for MSNBC Premium on Apple Podcasts. As a subscriber you’ll also be able to get occasional bonus content from this and other shows.

We’re thrilled to share a mashup of our MSNBC Live: Democracy 2024 event that we recently held at the Brooklyn Academy of Music. The whole day was a celebration of you, our viewers and listeners. It was the first of its kind in-person, interactive experience. We so enjoyed meeting so many of you. But if you couldn’t join us in person, you’re in luck – we’re sharing key conversations in this episode. For more, be sure to check out our TV special airing Saturday, September 14th at 9 p.m. ET. For your reference, here are timecodes for the sessions included here:Claire McCaskill, Jen Psaki, and Andrea Mitchell 0:01:30-0:31:23Chris Hayes & Kate Shaw 0:31:36-0:51:20Andrew Weissmann & Ari Melber 0:51:25-1:12:53Rachel Maddow & Lawrence O’Donnell 1:13:13-1:45:45 

There was a lot of movement late last week in Donald Trump’s ongoing criminal cases in DC and New York, but with very different results. Veteran prosecutors Andrew Weissmann and Mary McCord review last Thursday’s status hearing in Trump’s DC election interference case and break down the new deadlines set in Judge Chutkan’s scheduling order. Then, they dig into the nuance of Judge Merchan’s decision to push back the date of Trump’s sentencing, as well as delaying his ruling on how immunity applies to the case until after the November election. And before winding up today’s episode, Mary and Andrew give their uniquely informed take on the DOJ’s actions regarding Russian efforts to interfere and influence the 2024 election.Want to listen to this show without ads? Sign up for MSNBC Premium on Apple Podcasts. As a subscriber you’ll also be able to get occasional bonus content from this and other shows.

Last Friday’s joint filing in the DC election interference case before Judge Chutkan highlighted the deep chasm between Special Counsel Jack Smith and Trump’s legal team when it comes to how to proceed after the immunity decision. MSNBC legal analysts Andrew Weissmann and Mary McCord give their unique perspective on what both sides offered up and which arguments hold merit. Then, they head to New York to detail the second effort by Trump’s legal team to remove the hush money case to federal court, weeks before his scheduled sentencing before Judge Merchan.*** A note: Shortly after this episode was recorded, the federal judge denied leave to Mr. Trump to file removal papers after determining that no good cause for the late filing had been shown and removal to federal court was not warranted. Next stop: Trump can appeal that denial to the Second Circuit Court of Appeals.Also to listeners:  MSNBC Live Democracy 2024 is now sold out. Thank you for everyone who signed up to join us this weekend. And if you didn’t manage to grab a ticket, we’ll be posting selections of Saturday’s conversations as a podcast next week, so keep an eye out for that.

Sooner than expected, it’s our 100th episode! In the latest event triggered by SCOTUS’ ruling on presidential immunity, special counsel Jack Smith has filed a superseding indictment in the election interference case against former President Donald Trump. So in an extra episode for you this week, former prosecutors Mary McCord and Andrew Weissmann weigh in on what’s been added and struck from the prosecution’s allegations, Jack Smith’s strategy, and what this means for the case moving forward.  Read the new superseding indictment and accompanying filing, along with last year’s original indictment.  Want to listen to this show without ads? Sign up for MSNBC Premium on Apple Podcasts. As a subscriber you’ll also be able to get occasional bonus content from this and other shows.And be sure to grab your tickets for MSNBC Live Democracy 2024 on Sept 7th! Join fellow fans and viewers for an event connecting you with MSNBC's most trusted hosts and experts. Rachel Maddow, Steve Kornacki, Andrew Weissmann and many more. All in one place. All live on stage. All in one day.

In an attempt to revive the Mar-a-Lago classified documents case thrown out by Judge Aileen Cannon last month, Special Counsel Jack Smith has now filed a brief with the U.S. Court of Appeals, a day early no less. MSNBC legal analysts Andrew Weissmann and Mary McCord discuss Jack Smith’s arguments in the brief asserting that Judge Cannon had wrongfully ruled the special counsel had been appointed illegally. Then, looking ahead at proposals in the January 6 case expected to be filed later this week. And we take some of your listener questions!  Following this recording, it was reported that Jack Smith revised his indictment in the January 6th case to address the Supreme Court's ruling on immunity. A procedural filing is still expected this coming Friday, August 30th.

As Donald Trump’s sentencing date approaches, he and his lawyers are throwing all the spaghetti at the wall to see what sticks. MSNBC legal analysts Andrew Weissmann and Mary McCord break down the former president’s request to adjourn his sentencing until after the election, and the Manhattan DA’s response. Then, ProPublica reporter Joshua Kaplan joins for a deep dive into his reporting on unlawful American militia groups. Andrew and Mary talk with him about the threat these paramilitary groups pose, how they’ve used Trump’s denial of the election results for recruitment and spreading their ideology, as well as the dangers of collaboration with law enforcement.     Here is Josh Kaplan’s ProPublica investigation: Armed and Underground: Inside the Turbulent, Secret World of an American Militia. (Included is a response from Meta about the use of Facebook as a recruitment tool.) Also a note: We're expecting a joint filing in the DC case next Tuesday, so we’ll release our episode on Wednesday so Mary and Andrew can detail what's in that filing. 

After Judge Tanya Chutkan raced back to the starting line in former President Trump’s DC election interference case, Special Counsel Jack Smith asked for a reporting extension to ensure the government can make its case within the new immunity parameters. Veteran prosecutors Andrew Weissmann and Mary McCord analyze the reasons behind this delay, then offer some scheduling updates in Trump’s other criminal cases in Florida, Georgia and New York. Plus: a look at why Vice President Harris is choosing her words carefully when it comes to her opponent’s ongoing criminal matters. Want to listen to this show without ads? Sign up for MSNBC Premium on Apple Podcasts. As a subscriber you’ll also be able to get occasional bonus content from this and other shows. And be sure to grab your tickets for Sept 7th: Join fellow fans and viewers for an interactive experience connecting you with MSNBC's most trusted hosts and experts. Rachel Maddow, Steve Kornacki, Jen Psaki, Andrew Weissmann and many more. All in one place. All live on stage. All in one day. https://www.msnbc.com/Democracy2024 

Judge Chutkan is not allowing any grass grow under her feet after Trump’s DC election interference case was sent back to her courtroom. MSNBC legal analysts Andrew Weissmann and Mary McCord review her hearing schedule set to begin next week, and offer some detail on her denial of Trump’s motion to dismiss the case on selective and vindictive grounds. Then, the fallout from the Supreme Court’s immunity decision continues to echo, as Trump era DOJ official Jeffrey Clark is the latest to try for proceedings against him to be thrown out based on the High Court’s ruling. And lastly, a peek at Jenna Ellis’ cooperation in the Arizona elector case and some listener questions. Want to listen to this show without ads? Sign up for MSNBC Premium on Apple Podcasts. As a subscriber you’ll also be able to get occasional bonus content from this and other shows. And be sure to grab your tickets for Sept 7th: Join fellow fans and viewers for an interactive experience connecting you with MSNBC's most trusted hosts and experts. Rachel Maddow, Steve Kornacki, Jen Psaki, Andrew Weissmann and many more. All in one place. All live on stage. All in one day. https://www.msnbc.com/Democracy2024