The Presidency Before the Supreme Court

As witness testimony continues today with Stormy Daniels in Donald Trump’s New York criminal trial, jurors also recently heard from former Trump advisor Hope Hicks and longtime Trump Organization controller Jeff McConney. After trading some testimony takeaways, veteran prosecutors Andrew Weissmann and Mary McCord get nerdy on the significance of exhibits 35 and 36. Plus, Judge Merchan gives a sober warning to Mr. Trump as he rules on another gag order violation. And an update on the Florida classified documents case.For further reading: Here are exhibits 35 and 36 that Andrew and Mary refer to in this episode.

As week three of Donald Trump’s criminal trial wraps up in New York, Andrew Weissmann paints a first-hand picture of the scene—both outside and inside the courtroom — after attending on Thursday. Then, he and fellow MSNBC legal analyst Mary McCord recount the gist of Keith Davidson’s testimony and cross-examination. And Andrew and Mary answer listener questions about the trial.For further reading: Here is the decision Andrew referenced of a 2020 order granting attorney fees between Stephanie Clifford and Donald J Trump. As he noted, page 20 is relevant. 

Donald Trump’s New York criminal trial is back in session Tuesday, as Judge Merchan fines Trump $9000 for gag order violations. Last week, David Pecker wrapped up his testimony, detailing the catch and kill scheme, and jurors also heard from Trump’s assistant, Rhona Graff, and bank executive Gary Farro. After examining the art of cross-examination, veteran prosecutors Andrew Weissmann and Mary McCord note the options available to Judge Merchan as he hears a second set of alleged gag order violations this Thursday. Plus: what Walt Nauta’s grand jury testimony indicates in the Florida documents case.For further reading: here is Judge Merchan’s decision on the first set of gag order motions.

Yesterday, the Supreme Court heard arguments over Donald Trump’s claim of presidential immunity, which will have implications beyond whether he is shielded from criminal prosecution in the January 6th case. MSNBC legal analysts Andrew Weissmann and Mary McCord go deep on what arguments to pay attention to. This, as the New York trial wraps up a week of testimony from former AMI CEO David Pecker. And an analysis of the latest indictment related to election interference in the 2020 election, this time from Arizona.

Donald Trump’s lawyers argue before the Supreme Court that he should be granted immunity for his efforts to overturn the 2020 election results. Hear every word of the oral arguments in a case with potentially huge implications for Trump, the 2024 election and the nation’s rule of law. 

This week, Donald Trump’s New York criminal trial began in earnest with opening statements and testimony from former AMI CEO, David Pecker. MSNBC legal analysts Andrew Weissmann and Mary McCord break down the essence of the openings from both sides and how the statements will illuminate aspects of the trial in the coming weeks. Plus, Judge Merchan admonished the defense in Tuesday morning’s gag order hearing, saying that they were ‘losing all credibility’, but reserving a decision on the issue. For now. And looking ahead, Andrew and Mary weigh in on the questions they hope to hear in Thursday’s oral arguments before the Supreme Court to decide whether Donald Trump’s presidential immunity claim holds water.For further reading: here is the article Andrew wrote with his colleague Ryan Goodman in Just Security Questions the Supreme Court Should Ask at Thursday’s Oral Argument on Presidential ImmunityAnd a sincere thanks to all our listeners for voting in the Webby Awards! Prosecuting Donald Trump won the 2024 Webby Awards for both the Crime & Justice podcast category and was the Crime & Justice People's Voice winner.

The twelve-person jury has been seated in the New York criminal case against Donald Trump. MSNBC legal analysts Andrew Weissmann and Mary McCord detail the latest alleged gag order violations and give insights into the jury selection process. Then, they analyze District Attorney Alvin Bragg’s own words, through his Statement of Facts submitted in the State of New York against Donald J Trump, with excerpts read by acclaimed actors Glenn Close and Robert De Niro.

On Monday, jury selection began in what is the first and potentially only criminal trial former President Trump may face before the November election. Veteran prosecutors Andrew Weissmann and Mary McCord detail the jury selection process and what to track about the motions being filed, including one to hold Trump in contempt for violating a gag order. And they look at arguments before the Supreme Court in the Fischer case, in which a January 6th rioter is challenging a lower court ruling that he obstructed an official proceeding.A very special thanks to renowned actor Robert De Niro for reading an excerpt from the New York criminal indictment. You’ll hear his voice throughout the trial as relevant portions of these documents arise.Also, a reminder that Prosecuting Donald Trump and Into America have been nominated for Webby Awards! And MSNBC needs your help to win. Voting is open until April 18th. Check out vote.webbyawards.com to vote for both shows.

After the first day of jury selection in the New York criminal case before Judge Juan Merchan, Ari Melber leads special coverage on what’s at stake and what to expect in the coming weeks. This is the first-ever criminal trial of a former president, and to break down the historic significance, Ari is joined by Rachel Maddow, Andrew Weissmann, and other special guests. Listen to the full coverage here.

As a bonus for listeners, we’re sharing the first episode of a special series from “Why Is This Happening? The Chris Hayes Podcast,” called “WITHpod 2024: The Stakes.” For the first time since 1892, we have an election in which both candidates have presidential records. It’s a unique chance to take a hard look at what both Joe Biden and Donald Trump have actually done as president. Chris Hayes talks to experts about both candidates’ records on specific policy areas. This week, Aaron Reichlin-Melnick, policy director at the American Immigration Council, joins to unpack immigration policies under Trump vs. Biden, the state of the asylum system, and more. Follow and listen to the whole series: https://link.chtbl.com/withpod_tsfd