Prosecuting Donald Trump

Andrew and Mary launch this week's episode by digging into the details on some of the latest acts of retribution coming out of the Trump administration as Trump targets Harvard, the Jenner & Block law firm gets a decision and Rep. LaMonica McIver gets charged with assault. Afterwards, they review a preliminary decision from the Supreme Court to stay a DC District Court's injunction that paused the firing of Gwynne Wilcox from the National Labor Relations Board, as well as Cathy Harris from the MSPB governing board while they challenge their removals. And lastly, Andrew and Mary get listeners up to speed on the O.C.G. case and the DOJ's continued defiance of Judge Murphy's TRO regarding extractions of migrants to countries they have no ties to.Further listening: HERE is a clip of Rep LaMonica McIver responding to the charges against her.Want to listen to this show without ads? Sign up for MSNBC Premium on Apple Podcasts.

With so many issues stemming from President Trump's executive orders now before the Supreme Court, it's tough to know where to begin. So Andrew and Mary start this week with the arguments heard last Thursday from Mary's ICAP team on the courts issuing national injunctions in several birthright citizenship cases. They recap Thursday's highlights and note the Justices' interest in getting to the merits of the birthright issue. Then, they talk through two SCOTUS decisions from Friday and Monday: one on the Trump administration using the Alien Enemies Act to ‘extract' Venezuelan migrants, and the other on their attempt to revoke the protected status of Venezuelans. Last up, Andrew and Mary turn to the specifics of a few of the immigration removal cases, as hearings continue and the lack of due process continues to be challenged.Want to listen to this show without ads? Sign up for MSNBC Premium on Apple Podcasts.

Stephen Miller's got some ideas. So this week, Mary and Andrew start with a focus on his recent acknowledgement that the White House is considering suspending habeas corpus altogether for migrants. They talk about what that means, and the reality that it lacks any legal sniff test, which the Supreme Court agrees with. Then, they highlight what happens when due process works, after the release of Rumeysa Ozturk, a Tufts student who was detained by ICE over an opinion piece she wrote for the student newspaper. Next up, a significant decision from Judge Susan Illston out of California, putting a temporary hold on reducing the federal workforce. Mary and Andrew note what she held, including that the administration needs to follow procedure and get congressional buy in. And lastly, they preview the Supreme Court argument Mary's ICAP team is bringing this Thursday on birthright citizenship- not on the merits per se, but on the issue of national injunctions. And a quick eye pop on Trump's decision to swap out Ed Martin as the US Attorney for DC with yet another Fox News host, Jeanine Pirro.Want to listen to this show without ads? Sign up for MSNBC Premium on Apple Podcasts.

Long established legal norms continue to be challenged by Trump's Justice Department, leading Andrew and Mary to emphasize how the courts have grown increasingly frustrated with the administration's tactics. They begin with last Thursday's ruling from Judge Rodriguez in Texas, that Trump was unjustified in using the Alien Enemies Act to deport Venezuelan migrants. After a review of what that means for his ‘extraction' efforts, Andrew and Mary go deep on an assessment made public from the National Intelligence Council, that indicates despite Trump's presidential proclamation evoking the Alien Enemies Act, intelligence officials do not see a strong link between the Venezuelan government and Tren de Aragua. And lastly this week, they look at the latest judicial pushback on Trump's attempts to threaten law firms, after Judge Beryl Howell ruled against his targeting of Perkins Coie by executive order.Further reading: Here is the assessment from the National Intelligence Council on the relationship between the Maduro government and Tren de Aragua, courtesy of the New York Times.Want to listen to this show without ads? Sign up for MSNBC Premium on Apple Podcasts.

The first 100 days of President Trump's second term have now come to a close. In a live legal special, MSNBC's Ari Melber breaks down the most consequential legal moments of the new administration, including the Trump administration's continued dismantling of key federal agencies, the targeting of private law firms, and the response from the judicial system and the US Supreme Court. Melber is joined by legal experts and insiders, including hosts of MSNBC's Main Justice podcast, Andrew Weissmann and Mary McCord. Visit msnbc.com for more coverage.

Andrew and Mary begin this week by acknowledging that, as the Trump administration approaches its 100th day mark, some themes have materialized. One is intimidation, exemplified most recently with the arrest of Wisconsin state court judge Hannah Dugan last Friday, while Trump continues to clash with local authorities over his deportation efforts. Another theme is due process, or the lack of it. Our Main Justice hosts point to a litany of immigration issues front and center this week, including the wrongful deportation of US citizen children, Attorney General Pam Bondi's March memo to law enforcement laying out how to implement the Alien Enemies Act, and what happened when the government was compelled to have a hearing in a Texas case: they fell flat on the merits. And before wrapping up, Andrew and Mary explain why Trump's media policy change, tossing out Biden era protections for journalists, is problematic for a free press.Further reading: Mary's recent Op-ed in the Washington Post: What Alito got right in his El Salvador case dissent.Pam Bondi's March 14th memo issuing guidance for implementing the Alien Enemies Act.Pam Bondi's April 25th memo updating the policy regarding obtaining information from, or records of, members of the news media.A note to listeners: In the Abrego Garcia case, despite the earlier admission in court that his removal was a mistake, the government's current position is that he a member of MS 13, which his lawyers deny.Want to listen to this show without ads? Sign up for MSNBC Premium on Apple Podcasts.

Andrew and Mary host this week's episode in front of a live audience at Princeton University, starting with the latest in the Kilmar Abrego Garcia case where last Tuesday, Maryland district judge Paula Xinis ordered the Trump administration to provide among other things, “butts in seats” to explain their efforts to get him back. Then they describe what led up to the Supreme Court's early Saturday decision temporarily blocking the deportation of more Venezuelan migrants, after a flurry of back and forth between the Solicitor General and the ACLU. And being at Andrew's alma mater, he and Mary hold up the absolute necessity of academic freedom and independence in the wake of Trump's attempts to defund universities who do not comply with his demands. Last up, they touch on the Supreme Court granting argument in the birthright citizenship cases- not on the merits, but on whether a nationwide injunction is appropriate in this instance.Further reading: HERE is Judge Harvie Wilkinson's sharply worded opinion, writing for a 3-judge panel in the US Court of Appeals for the 4th Circuit, rejecting the Trump administrations effort to stop a lower court's order that the government facilitate Kilmar Abrego Garcia's return.Want to listen to this show without ads? Sign up for MSNBC Premium on Apple Podcasts.

The US government's mistaken removal of Kilmar Abrego Garcia to El Salvador has captured national attention, and it's as stunning as it is heart breaking. So Mary and Andrew dedicate the bulk of this week's episode to what's happened since the Supreme Court ruled that the Trump administration must follow the lower court's order to facilitate his return. So far, the administration seems to be slow-walking the process, dodging accountability for the fact that Abrego Garcia was never afforded his due process rights, a core American principle. Andrew and Mary go on to explain each consecutive government response, and two habeas petitions that have been granted a TRO since last week's Supreme Court decision. Before wrapping up, they highlight the cancelling of a landmark civil rights deal in Alabama, and Trump's latest retribution in action-- targeting individuals, the Associated Press and Harvard.Further reading: Here is Mary's OpEd in the Washington Post: It's time to compel Justice officials to testify on Abrego García.And please vote for your favorite MSNBC podcasts in this year's Webby Awards:Prosecuting Donald Trump in the Podcasts - Crime & Justice category: VOTE HEREWhy Is This Happening? With Chris Hayes in the Podcasts - Interview/Talk Show category: VOTE HEREInto America: Uncounted Millions in the Podcasts - News & Politics category: VOTE HEREVoting closes this Thursday, April 17th.Want to listen to this show without ads? Sign up for MSNBC Premium on Apple Podcasts.

As the Supreme Court weighs in on the president's use of the Alien Enemies Act, Mary and Andrew approach this week's developments with both concern and relief. While relieved at the unanimity of the High Court's belief that due process is a necessity, the concern lies with the Trump administration's response to a court order directing them to arrange the return of Kilmar Abrego Garcia, the man who was wrongfully deported to El Salvador. They also see cause for alarm after the government retaliated against their own lawyer in this case. Andrew and Mary then take a beat to spotlight the DC circuit upholding a judge's decision related to scope of Trump's J6 pardons. And before closing out this week's episode, they detail the lawsuit brought by the conservative leaning NCLA over the constitutionality of the sweeping tariffs the president has announced.Further reading: This is Mary's recent op Ed in the Washington Post: The White House war on Big Law hits some speed bumpsAnd please vote for your favorite MSNBC podcasts in this year's Webby Awards:Prosecuting Donald Trump in the Podcasts - Crime & Justice category: VOTE HEREWhy Is This Happening? With Chris Hayes in the Podcasts - Interview/Talk Show category: VOTE HEREInto America: Uncounted Millions in the Podcasts - News & Politics category: VOTE HEREVoting closes April 17th.Want to listen to this show without ads? Sign up for MSNBC Premium on Apple Podcasts.

Six emergency applications have now made their way to the Supreme Court concerning President Trump's executive orders, so Andrew and Mary begin this episode by breaking down the emergency stay motions in several key cases involving birthright citizenship, federal workers, the use of the Alien Enemies Act and canceling education grants. Then, after a review of Trump's latest law firm blacklist targets and the problematic nature of targeting of universities and students, they focus on an executive order aiming to change how U.S. elections are run. And last up, Andrew and Mary decry the lack of accountability over Signalgate, as Trump resists doling out any consequences to his senior National Security leadership.For more on Trump's continued attacks on universities, check out the latest episode of Trumpland with Alex Wagner about the fallout at Columbia University and maintaining free speech on campus.Further reading: Here is the order from the DC Circuit Court of Appeals over Judge Boasberg's TRO pausing deportations under the Alien Enemies Act, which includes separate concurring statements of Judge Henderson and Judge Millett and a dissenting statement of Judge Walker.Want to listen to this show without ads? Sign up for MSNBC Premium on Apple Podcasts.

On this week's episode, Andrew and Mary start with the major capitulation of the Paul, Wiess law firm to Trump's demands late last week, in exchange for rescinding an EO targeting the firm. This is the chilling effect they've been talking about in action. Then: what are the consequences of the Trump administration defying court orders from US District Chief Judge James Boasberg? The deportation of Venezuelan migrants without due process seems to be careening into that constitutional question, so Andrew and Mary break down the latest on that case, as the government invokes the “state secrets privilege”. And lastly, they detail the legal issues surrounding the now-infamous Signal chat reported by The Atlantic- an extraordinary demonstration of gross negligence when it comes to national defense information. Further reading: Here is Mary's piece on Just Security: Dissecting the Trump Administration's Strategy for Defying Court OrdersAnd here is Andrew's piece, also from Just Security: The New “Blacklists” Work When Law Firms Stay SilentAnd here is the criminal code Andrew and Mary referenced: 18 U.S. Code § 793 - Gathering, transmitting or losing defense informationWant to listen to this show without ads? Sign up for MSNBC Premium on Apple Podcasts.

Last Friday, President Trump spoke before a gathering at the Department of Justice to lay out what was seen largely as a grievance fest, singling out individuals and media organizations he perceives as his enemies. Main Justice hosts Andrew Weissmann and Mary McCord lay plain the unorthodox nature of a speech like this, especially before a department that is meant to maintain independence from the executive branch. But that was just the start of a wild weekend, after Trump invoked the Alien Enemies Act to deport hundreds of Venezuelan migrants, just as a court order blocking their removal was filed. So, Andrew and Mary tackle the latest developments in several buckets before breaking down the Supreme Court's consideration of the request by the president to lift the pause on his birthright citizenship executive action.Want to listen to this show without ads? Sign up for MSNBC Premium on Apple Podcasts.

After news this weekend that Columbia student and permanent legal resident Mahmoud Khalil was arrested by ICE agents, hosts Andrew Weissmann and Mary McCord explain the petition filed from his lawyer and the significance of his case as a harbinger of things to come, as a hearing is set over the effort to deport him. Then, they shift focus to the Trump administration's continued attacks on law firms and universities themselves, after the president cut federal funding to Columbia, and Georgetown was rebuked by the DC US Attorney for teaching principles related to diversity, equity and inclusion. Last up, Andrew and Mary review the latest in the Eric Adams case, with a shocking court filing containing texts from prosecutors, and they break down a few cases making their way through the courts right now: some of which have been touched by SCOTUS, others likely on their way to the High Court.Want to listen to this show without ads? Sign up for MSNBC Premium on Apple Podcasts.

As a bonus for listeners, we're sharing this week's episode from "Trumpland with Alex Wagner" on attorneys general and their legal battles against Trump's agenda. Numerous lawsuits are underway as efforts ramp up to fight against the Trump administration's agenda, with the charge led by a select group of attorneys general. On this episode, Alex Wagner heads to Phoenix, Arizona where Democratic state attorneys general organized a town hall for citizens impacted by Trump's executive orders and DOGE's targeting of the federal government. Alex speaks directly with some of the AGs behind these legal efforts, including Kwame Raoul of Illinois, William Tong of Connecticut, and Letitia James of New York. Then she sits with Arizona AG Kris Mayes, the organizer of the town hall, for a look at what's next as these attorneys continue to advocate on behalf of the U.S. Constitution and the citizens it protects.Follow and listen to the whole series here: https://podcasts.apple.com/us/podcast/trumpland-with-alex-wagner/id1638974657

In this week's Main Justice episode, hosts Andrew Weissmann and Mary McCord explore a disturbing pattern of the Trump administration's attack on lawyers and what it means for the rule of law, as firings and demotions continue to reverberate around the federal government. They examine the firing of the three top nonpartisan military JAG lawyers without cause— and why Defense Secretary Pete Hegseth referred to these officers as ‘roadblocks'. They look at Trump's decision to revoke security clearances from a law firm with ties to former Special Counsel Jack Smith. And they update a few cases on their radar, to include the firing of Hampton Dellinger as well as the latest in the case against New York City Mayor Eric Adams. And before closing, Andrew and Mary zoom out to look at how the Trump administration is redefining the US's role in world, after voting against a UN resolution that condemned Russian aggression in Ukraine, ignoring violations of international law.Further reading: Here is the latest statement from the ABA that Andrew spoke about: The ABA rejects efforts to undermine the courts and the legal profession.And soonest, we'll add a link here to the letter Andrew and Mary talked about in this episode: A Statement of Conscience and Principle By Those Who Have Served as Assistant United States Attorneys For the District of Columbia Over the Past Fifty Years.Want to listen to this show without ads? Sign up for MSNBC Premium on Apple Podcasts.

In a news cycle that keeps on churning, Main Justice hosts Andrew Weissmann and Mary McCord wade through the nonstop dispatches to set some focal points for this episode. They begin with the hearing held by Judge Dale Ho last week over the Eric Adams dismissal and the Judge's appointment of Paul Clement as amicus, a.k.a. a friend of the court. Andrew details the important decisions Judge Ho has before him as Mary drives home why this case will reverberate beyond the embattled New York Mayor. Then, they touch on the latest resignation- this one, from Denise Cheung, the chief of the criminal division in the DC US Attorney's office, after being asked to do something by the administration she believed was unsupportable.  And last up, Andrew and Mary look at the Supreme Court denial of a stay in the case involving Trump's firing of Hampton Dellinger, and the disconnect between DOJ representations about Elon Musk's role in court versus what Musk is saying and doing in practice.Further reading: Here is Andrew's piece on Just Security: Why the Rule of Law Depends on an Evidentiary Hearing in Mayor Eric Adams' Case.And HERE is the letter of resignation from the head of the criminal division in the U.S. attorney's office in D.C.Want to listen to this show without ads? Sign up for MSNBC Premium on Apple Podcasts.

The directive sent from acting deputy attorney general Emil Bove to drop the corruption charges against NYC Mayor Eric Adams has hit a fever pitch, so hosts Andrew Weissmann and Mary McCord use the bulk of this episode to break down this evolving story and what has come to light so far. They tick through how this standoff between federal prosecutors and the DOJ's directive has led to a slew of resignations, and what to watch for as Judge Dale Ho calls for a Wednesday hearing on the matter in Manhattan.  Andrew and Mary then take a beat to preview the first Supreme Court test of Trump's executive power, over his attempt to fire Hampton Dellinger, the head of the Office of Special Counsel, without cause. (Note: this office is an independent watchdog agency- not part of DOJ). And they wind up this episode by highlighting allegations from whistleblowers that Kash Patel, Trump's nominee to head the FBI, has been directing the firing of senior officials at the FBI.Further reading: Here is Andrew's piece in Just Security: The People of New York v. Mayor Adams: Will Manhattan DA Bragg Come to the Rescue Yet Again?Want to listen to this show without ads? Sign up for MSNBC Premium on Apple Podcasts.

The flood of memos issued by newly minted Attorney General Pam Bondi in her first days was dizzying, so hosts Andrew Weissmann and Mary McCord zero in on several that have significant implications for national security and criminal law enforcement. Next, they give a rundown of litigation happening across the country, as courtrooms become the first defense in challenging some of President Trump's questionable orders. And last up, Andrew and Mary talk through a few legal battles brewing over sanctuary cities and detail Mary and ICAP's latest case aiming to protect places of worship as safe havens from immigration enforcement. And btw, the corruption case against New York City Mayor Eric Adams just went poof-- they dissect that too.Further reading: Here is Just Security's Litigation Tracker: Legal Challenges to Trump Administration Actions.HERE is the DOJ memo dropping the corruption charges against New York City Mayor Eric Adams without prejudice.And here is the statement from the American Bar Association that Andrew and Mary spoke about: The ABA supports the rule of law.Want to listen to this show without ads? Sign up for MSNBC Premium on Apple Podcasts.

On a new podcast series, “The Blueprint with Jen Psaki,” host Jen Psaki dives into two crucial questions: where do Democrats stand in this moment? And how can they win again?Listen to the full first episode here, as Jen sits down with Governor Wes Moore of Maryland. They reflect on the meaning of patriotism, where the party can be bolder, and authenticity as a winning factor.Follow “The Blueprint with Jen Psaki” to catch new episodes. Episode two with writer Jack Schlossberg is in the feed now. And sign up for MSNBC Premium on Apple Podcasts to listen without ads.

With the deluge of news about the Trump administration's actions and orders, hosts Andrew Weissmann and Mary McCord zoom out to talk through what seems to be the overarching goal here- to clear out all opposition and have a presidency unbound by law. As former officials at the Justice Department and the FBI, they have a clear-eyed view on the broad swath of firings and how this wrecking ball approach will be litigated in court as challenges mount. Then, Andrew and Mary give some legal context to Trump's attempt to cut off congressional aid, both through the funding freeze that already has several temporary restraining orders, and the ongoing news involving attempts to dismantle USAID by Trump and Musk.Further reading: Here is Mary's piece in Just Security asking the Senate to get answers from Bondi and Patel: From Pardons to Purges: Pressing Questions that Bondi and Patel Must Answer NowAnd this is the article Andrew and Mary referenced in this episode from Adam Cox and Trevor Morrison, also on Just Security: Trump's Dictatorial Theory of Presidential Power – What the Executive Orders, in the Aggregate, Tell UsWant to listen to this show without ads? Sign up for MSNBC Premium on Apple Podcasts.

A week into the second iteration of Donald Trump's White House, hosts Andrew Weissmann and Mary McCord take stock of the abrupt and unrelenting changes to our federal government. Andrew points to security details yanked and security clearances revoked as blatant retaliation against Trump's perceived foes. Mary highlights several judges who are pushing back against blanket pardons for J6 convictions. Then, they turn to Trump's executive action on birthright citizenship, reviewing several challenges already in motion, including a case brought by Mary and her ICAP team. And before wrapping up, our two resident career litigators look at the withering independence of the Justice Department from the White House, and how all roads lead through the DOJ.Further reading: Here is the New York Times' piece on Kash Patel that Andrew mentioned in this episode: F.B.I. Pick Pushed False and Misleading Claims About Trump InvestigationsWant to listen to this show without ads? Sign up for MSNBC Premium on Apple Podcasts.

Introducing “Trumpland with Alex Wagner.” On “Trumpland,” MSNBC's Alex Wagner takes a break from the anchor chair to get out into the field and speak with the people on the frontlines of Trump's policies—and promises.  Listen to the full first episode here, as Alex travels to DC—but not for the inauguration. Hours after President Trump was in sworn into office for the second time, he began issuing a series of presidential pardons for the January 6th insurrection. Listen along as Alex speaks to the inmates, their families, and the police officers who survived one of the most violent attacks on the Capitol in our nation's history. Catch new episodes of “Trumpland with Alex Wagner” on Thursday evenings during Trump's first 100 days. You can find the show in the “Alex Wagner Tonight” feed.  Remember to follow the show so you don't miss a single episode. And sign up for MSNBC Premium on Apple Podcasts to listen without ads.

Within hours of Donald Trump's inauguration, numerous executive actions were signed and over 1500 pardons were issued for nearly all of the January 6th defendants, despite his vice president and attorney general nominee suggesting a more refined approach. So, on this first full day of Trump's second term, hosts Andrew Weissmann and Mary McCord review the blunt nature of these pardons, especially for those convicted of violent acts that day. Then they turn to pardons issued by President Biden in his final hours in office to shield those targeted by Trump for retribution- including members of Congress, those who testified in the J6 investigation, and members of his own family. And finally, Mary and Andrew dive into the myriad of executive actions signed by Trump as legal challenges begin to mount around things like getting rid of birthright citizenship, using the military domestically at our border, undoing the TikTok ban and the creation of DOGE.Further reading: Here is Mary's recent write up in the Atlantic: A Sweeping January 6 Pardon Is an Attack on the JudiciaryWant to listen to this show without ads? Sign up for MSNBC Premium on Apple Podcasts.

While this podcast's name has changed, this week's episode revolves around all things prosecuting Donald Trump. After a detailed review of Judge Juan Merchan's reasoning and limitations for sentencing the president-elect after his New York criminal conviction, veteran prosecutors Andrew Weissmann and Mary McCord wind through the barrage of motions in Florida to block the release of both volumes of Special Counsel Jack Smith's final report. After underscoring why Volume Two-- concerning the now dismissed classified documents case-- is still under wraps, they dig into the finer points of Volume One, released to the public at 1:00 a.m. Tuesday morning. This first volume lays out the facts and the law as it relates to Trump's DC election interference case which has also been dismissed, though Smith writes, "but for Mr. Trump's election and imminent return to the Presidency, the Office assessed that the admissible evidence was sufficient to obtain and sustain a conviction at trial."Further reading: Here is Volume One of Jack Smith's final report.Want to listen to this show without ads? Sign up for MSNBC Premium on Apple Podcasts.

In a Manhattan courtroom on Friday January 10th 2025, president-elect Donald Trump was sentenced in his New York hush money case after being convicted on 34 counts of falsifying business records. The Judge in the case, Juan Merchan, elected to unconditionally discharge Trump, meaning he'll receive no further penalties. Once sworn in on January 20th, Trump will be first convicted felon to occupy the White House.

As the political landscape transforms and Donald Trump's criminal cases wind down, MSNBC legal analysts Andrew Weissmann and Mary McCord shift focus to keep watch on the incoming president and how his Department of Justice will use the law to move his agenda forward. With this realignment comes a new name: Main Justice. In this episode, Andrew and Mary explain what Main Justice is before breaking down the barrage of incoming news, from Trump's pending New York sentencing to his attempt to stop the public release of Special Counsel Jack Smith's final report. They also give a taste of the broader scope they plan to cover, with analysis of Trump's unusual filing in the Supreme Court, urging a pause in the TikTok ban until he takes office.Also, note to listeners: since the time of our recording, a New York Appellate judge has denied a stay of Trump's sentencing. You can read that decision HERE.This podcast will still cover any lingering issues around Trump's criminal and civil cases, and you'll continue to find new episodes in the “Prosecuting Donald Trump” feed. It will now just fall under the name “Main Justice”. So if you haven't already, follow the feed to receive weekly episodes.

In this final episode of 2024, MSNBC legal analysts Andrew Weissmann and Mary McCord are joined by Dahlia Lithwick, Slate Senior Editor and host of the Amicus podcast. Together, they take stock of the legal hills and valleys of this past year, and the role the Supreme Court played in how Donald Trump's criminal cases were litigated. They also take a beat to consider the impact of legal journalism in the year ahead and the responsibility of legacy media to continue to hold power to account.Want to listen to this show without ads? Sign up for MSNBC Premium on Apple Podcasts.

After a quick review of the Georgia Court of Appeals decision disqualifying Fani Willis from Donald Trump's criminal case based on an appearance of impropriety, MSNBC legal analysts Andrew Weissmann and Mary McCord are joined by NYU Law professor and Dean Emeritus, Trevor Morrison. The discussion revolves around the limits and scope of the presidential pardon power, the legal precedence of a blanket pardon for crimes not yet adjudicated, and whether a president can in fact, pardon himself. Want to listen to this show without ads? Sign up for MSNBC Premium on Apple Podcasts. 

There's been significant action in New York as Judge Juan Merchan denied one of Donald Trump's motions to dismiss his 34-count verdict- this one based on the Supreme Court's presidential immunity decision. After a noteworthy amount of speed reading several motions and responses, MSNBC legal analysts Andrew Weissmann and Mary McCord break down Merchan's rationale, highlighting the specifics of his multi-layered legal reasoning. Then, they turn to another fully briefed pending dismissal motion, this one based on the temporary immunity a sitting president is granted for official acts while serving. Want to listen to this show without ads? Sign up for MSNBC Premium on Apple Podcasts. You'll also hear a recent Premium episode from Andrew and Mary detailing our national security apparatus and why Trump's nominees for these top posts matter.

Within the 80-page motion filed last week to dismiss Donald Trump's New York criminal case, there's a long list of grievances laid out by his legal team. MSNBC legal analysts Andrew Weissmann and Mary McCord underscore some of the substantive arguments as to why a sitting president might find a pending case constricting, reasoning that there are aspects that could interfere with effective functioning of the presidency. But they also illuminate how these merits are buried deep within pages of hyperbole of alleged unfairness to the president-elect, prompting Andrew to ask, in terms of the facts, “Where's the beef?” Then they turn to some analysis of a letter written by incoming Senate Judiciary Chair Chuck Grassley, which calls out current FBI Director Christopher Wray with a personal vote of no confidence. Want to listen to this show without ads? Sign up for MSNBC Premium on Apple Podcasts. This week, you'll find a Premium episode from Andrew and Mary highlighting the national security apparatus and why Trump's nominees for these top posts matter.

In person together at 30 Rock, veteran prosecutors Andrew Weissmann and Mary McCord use their combined expertise in FBI and Justice Department standards to lay plain how far outside the norm the incoming president is aiming, by flouting a congressionally mandated 10-year appointment of an FBI Director and naming loyalist Kash Patel to replace Christopher Wray. Then, they take a beat to reflect on President Biden's unexpected pardon of his son Hunter and remind listeners of several active January 6th civil cases brought against Donald Trump  that may provide the only litigation of his actions after the 2020 election. Also, on Monday, Trump's brief was due in New York as to why his case should be dismissed based on the immunity of a sitting president. At the time of this recording, it had not yet hit the docket, but Andrew and Mary review the stakes and Judge Merchan's denial of delaying the filing.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.

As the Special Counsel winds down the DC criminal case and the Florida appeal, veteran prosecutors Mary McCord and Andrew Weissmann analyze the strategy behind getting a dismissal without prejudice before Donald Trump takes office, while dispelling the notion that Jack Smith “folded” in any way. Then, they head to New York to break down the nuance of Judge Merchan's decision to postpone Trump's sentencing, as he accepts briefing on a motion to dismiss the case that both parties agreed to. And before wrapping up, Mary and Andrew review some of the presumptive nominees Trump has named for top Justice Department posts, and the contrast of working on behalf of a client versus working on behalf of the Constitution.A note to listeners: Since we recorded, the 11th U.S. Circuit Court of Appeals also granted Special Counsel Jack Smith's request to dismiss that appeal without prejudice.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. 

Even after the New York DA's position with respect to a dismissal of Donald Trump's New York case was filed, there are lingering questions about what happens next with his other criminal cases as he begins his transition back to power and unveils his cabinet nominees. MSNBC legal analysts Mary McCord and Andrew Weissmann give an insider's perspective on what a final report in the DC case might look like from Special Counsel Jack Smith, as is a requirement within the special counsel rules. What will it encapsulate? And will it be made public? Next up: a few cases involving J6 rioters have been denied a stay, while others have had their trials postponed, but an overarching theme is that Trump's immunity should not extend to these defendants. And finally, Mary and Andrew ‘nerd out' on the Constitutional process of how a recess appointment works, why the early framers thought it necessary, and how the president-elect is angling to use it to avoid the Senate's long held role of advice and consent when it comes to political appointees.  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. This week, you can get a premium-only bonus episode of Chris Hayes' podcast “Why Is This Happening?”. In it, Chris sits down with Rachel Maddow to reflect on lessons learned from this election cycle and what to expect in the new administration, including the recess appointments Andrew and Mary spoke about in this episode. 

There's a lot to unpack around Donald Trump's ongoing criminal and civil cases after he won last week's election. To begin with, veteran prosecutors Mary McCord and Andrew Weissmann explain why Judge Merchan agreed to the joint request to put off today's decision on the impact of immunity in his hush money case. Then, they dig into the constitutional arguments against prosecuting a president while in office, whether federally or as a state prosecution, and how that might also relate to sentencing in New York. Next up, Andrew and Mary illustrate how Trump's win might impact his civil cases, to include both E Jean Carroll cases and his New York civil fraud case. And wrapping up, the duo reflect on the efforts by those convicted in J6 cases to have them dismissed or stayed, as they await a potential pardon by the president-elect.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.

After Donald Trump's decisive win this week, election litigation expert Ben Ginsberg joins MSNBC legal analysts Mary McCord and Andrew Weissmann to drill down on why we are not seeing any post-election challenges, despite a bevy of concerns and allegations before voters went to the polls. Then, Andrew and Mary tick through what's next for each of the president-elect's criminal cases in DC, Florida, Georgia, and New York.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.

As a level set for post-election litigation, MSNBC legal analysts Mary McCord and Andrew Weissmann look at two cases in Pennsylvania and Virginia that have already made their way through the courts involving naked ballots and purging alleged noncitizens from voter rolls. Then, newly unsealed court documents in the DC case show long-held concerns from judges around former President Trump's efforts to delay. And Andrew and Mary close with the latest from Florida: the 11th Circuit appeal of the dismissal of the Florida documents case is moving along and Judge Cannon doesn't think her recusal is necessary in the case involving the second assassination attempt of the former president. 

With eight days to go until Election Day, veteran prosecutors Mary McCord and Andrew Weissmann tackle several issues related to the vote and its aftermath: if Donald Trump doesn't win the election, could his DC criminal case be dismissed based on the Appointments Clause? Can a president use the military domestically against "the enemy within" despite the constraints of the Posse Comitatus Act? Will another ‘red mirage' followed by a ‘blue shift' cause the former president to cry foul and call for stopping the electoral count? And, will Elon Musk and his America PAC be held liable for paying residents in swing states to register?  Andrew and Mary address these questions and remind listeners to vote!Further Reading: Andrew and Ryan Goodman's recent piece on Just Security: An Overlooked January 6 Charge: The “Stop the Count” SchemeWant 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.

There's been a flood of activity recently in Judge Tanya Chutkan's DC courtroom. In the last week, she released a 50-page ruling on several outstanding issues including the Brady doctrine, a pretrial discovery rule requiring the government to share all exculpatory evidence with Donald Trump's defense team. MSNBC legal analysts Mary McCord and Andrew Weissmann shed some light on the judge's decisions and detail the release of the Special Counsel's heavily redacted appendix, which was unsealed last Friday. Also in the hopper: an explainer on Jack Smith's response to a renewed motion from Trump's legal team to dismiss the DC case based on the Supreme Court's Fischer decision on obstruction. And lastly, Andrew and Mary head to Florida where Ryan Ruth, the suspect in the second assassination attempt against the former president, asked Judge Aileen Cannon to recuse herself from the case.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 week, the DC election interference case inched forward, as Judge Tanya Chutkan approved the public release of Jack Smith's redacted source documents that helped frame his already public immunity briefing. But she also agreed to stay that release until October 17th, as Trump's legal team decides if they want to seek an appeal. MSNBC legal analysts Mary McCord and Andrew Weissmann walk through how that scenario might play out, and why it could become a moot point after Thursday. Then, they take aim at critics who've been publicly decrying the release of the government's immunity briefing, by pointing out that the DOJ's “60-day rule” is not a law, and that the guidance is for new matters, not for cases that have already been charged. And before wrapping up, Andrew and Mary give their read on the disturbing politicization of FEMA's disaster response and answer a few listener questions. Further Reading: As Andrew mentioned, here is his piece, co-authored with Ryan Goodman, on Just Security: Refuting the Latest Baseless Attacks Against Special Counsel Jack Smith.Also, just two more days to vote! Prosecuting Donald Trump and Into America have been nominated for the Signal Listener's Choice Award! And MSNBC needs your help to win. Use the links below to vote for both shows:Prosecuting Donald Trump in the Shows - News & Politics category.Into America presents: Uncounted Millions in the Limited Series & Specials - Money & Finance category and Limited Series & Specials - News & Politics categories.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.

Election Day is around the corner and Vice President Kamala Harris could become the first woman, first Black woman, and first South-Asian to sit in the Oval Office. In light of this moment, we're resharing our 2020 series “Kamala: Next in Line,” from MSNBC and Wondery. Hosted by Joy Reid, "Next In Line" is an intimate and immersive look into what drives Harris, what her critics say about her, and how she arrived at this historic moment.This is a special program for our MSNBC Premium subscribers. Listen to an excerpt from the first episode here. And to download the full series, sign up for MSNBC Premium on Apple Podcasts. You'll find the series in the How to Win feed. Plus, as a subscriber, you'll get all MSNBC original podcasts ad-free, along with bonus exciting content from Prosecuting Donald Trump, Rachel Maddow, and more. Thanks for listening and subscribing!

After Judge Tanya Chutkan ordered a redacted version of the government's filing on immunity to be released, new information about Donald Trump's post-election efforts came to light. Jack Smith argues that the allegations detailed in the filing were "fundamentally" done as a candidate, and not in an official capacity. Veteran prosecutors Mary McCord and Andrew Weissmann frame the government's case, describing the new allegations now in the public sphere and Trump's continued assertion that this is “election interference.” Then, they review another motion to dismiss brought by Trump's lawyers, this one referencing the Fischer case.Also, some exciting news! Prosecuting Donald Trump and Into America have been nominated for the Signal Listener's Choice Award! And MSNBC needs your help to win. Use the links below to vote for both shows:Prosecuting Donald Trump in the Shows - News & Politics category.Into America presents: Uncounted Millions in the Limited Series & Specials - Money & Finance category and Limited Series & Specials - News & Politics categories.Further Reading: Here is Special Counsel Jack Smith's unsealed Motion for Immunity Determinations.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.

In the DC election interference case, Special Counsel Jack Smith filed his 180-page opening brief under seal last week, along with a request to release a redacted version to the public. MSNBC legal analysts Mary McCord and Andrew Weissmann analyze how this will play out, what aspects would need to be removed, and if/when the public might see a redacted version. Then, they head north to Manhattan, where a 5-judge panel held oral arguments in Donald Trump's appeal of his New York civil fraud judgement. And a few other headlines grabbed Andrew and Mary's attention this week from former New York Mayor Rudy Giuliani, current New York Mayor Eric Adams, and a defamation lawsuit from Springfield, Ohio. Plus: time to answer a few 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.