Main Justice

The Strategy of a Lawless Regime

Andrew Weissmann, Mary McCord — Tue, 7 Apr 2026 22:52:16 +0000

There’s a lot to unpack this week, not least of which being the President’s open suggestion of committing war crimes against Iran. Mary and Andrew begin by underscoring the Geneva Conventions stipulation limiting the use of force in wartime to military targets – not civilian ones. Then, a major shakeup at the Department of Justice: Attorney General Pam Bondi is out. Andrew compares her ouster to Trump’s firing of Jeff Sessions in his first term, and how the “sycophantic” nature of her allegiance to Trump did not save her job. Next, they turn to last week's oral arguments before the Supreme Court over birthright citizenship. Mary, who is steeped in the case, came away thinking that “the solicitor general has a much greater hill to climb” to convince a majority of Justices to uphold Trump’s executive order at issue. Last up, the co-hosts look at another of Trump’s EO’s being challenged that would restrict mail-in voting, despite defending his own use of voting by mail in Florida's Special Election in late March.

This podcast is also available on YouTube at ms.now/mainjustice.

Further reading:

This is the Just Security piece Andrew referred to: When War Crimes Rhetoric Becomes Battlefield Reality: The Slippery Slope to Total War on Iran
Here is Mary’s MS NOW piece: The embarrassing lesson of Pam Bondi’s confirmation hearing.
Here is Trump’s EO on mail in voting that was immediately challenged: ENSURING CITIZENSHIP VERIFICATION AND INTEGRITY IN FEDERAL ELECTIONS

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DOJ F-Ups: Michael Flynn, Minnesota, and ICE

Andrew Weissmann, Mary McCord — Tue, 31 Mar 2026 22:55:05 +0000

While much of the news is rightfully focused on the ongoing war with Iran, Mary and Andrew pull the threads on some consequential legal news that’s not getting as much attention. They start with the Justice Department’s settlement with Michael Flynn, paying out $1.25 million over his claim that he was wrongly prosecuted for making false statements to federal agents. And as Mary points out in her recent MS NOW op-ed, this settlement could set a dangerous precedent, by encouraging others “to seek similar windfalls” that support Trump’s efforts to rewrite history. Next, they unpack a case brought by Minnesota against the DOJ and DHS for blocking state investigators from accessing evidence in the Renee Good, Alex Pretti, and Julio Sosa-Celis shootings. And last up, the co-hosts break down a disastrous error the Justice Department admitted to this week, using an incorrect written policy to defend actions resulting in a number of arrests at immigration courthouses, as people voluntarily appeared for their immigration proceedings.

You can also find us on YouTube at ms.now/mainjustice.

Further reading:

Here is Mary’s MS NOW write up on Michael Flynn: Trump’s settlement to Michael Flynn could set a dangerous precedent.
Here is the Anthropic decision: Anthropic PBC v. U.S. Department of War
HERE is the ICE memorandum the government relied on to allow immigration arrests near courthouses.
And HERE is the letter from the SDNY to Judge Kevin Castel noting their error.

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Mueller's Legacy, Press Freedom, and the Showdown Over Mail-In Voting

Andrew Weissmann, Mary McCord — Tue, 24 Mar 2026 21:52:57 +0000

Amid an unrelenting news cycle, one story really hit hard for both Mary and Andrew this week: the passing of former FBI Director Robert Mueller. Both hosts worked with him: Mary in the DC US Attorney’s Office; Andrew as FBI Special Counsel, General Counsel, and ultimately, as a top prosecutor in Mueller’s 2016 Special Counsel investigation into Russian election interference. They reflect on Mueller’s life and legacy being one dedicated topublic service, which, in Andrew’s accounting, “wasn't just a calling, it was a privilege.” Next, they move to a win for journalism and freedom of the press: Judge Paul Friedman’s decision in the case brought by the New York Times against the Pentagon regarding press access. And lastly, Mary and Andrew reviewMonday’s Supreme Court oral arguments in a case centered on whether mail-in ballots that arrive after Election Day should be counted. The co-hosts read the tea leaves on the merits the justices seem to be eyeing and what it could mean for midterm voting this fall.

And, a big thank you to listeners as Main Justice celebrates it’s 3-year anniversary. Starting today, you can also find us on YouTube at ms.now/mainjustice.

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A Matter of Pretext

Mary McCord, Andrew Weissmann — Tue, 17 Mar 2026 23:02:26 +0000

Last week, Judge James Boasberg checked in the Justice Department by quashing two subpoenas against Federal Reserve Board Chair Jerome Powell, intended to pressure him into "voting for lower interest rates or resigning.” Finding “essentially zero evidence” of criminal behavior, Mary and Andrew explain how these subpoenas were issued as retribution and retaliation against Powell, as Boasberg cited over 100 statements that the president and his deputies made attacking him. Next, the co-hosts dig into the disciplinary proceedings against President Trump’s pardon attorney Ed Martin, who, while serving as DC’s interim U.S. Attorney, pressured Georgetown Law School to change its curriculum. Last on the agenda, Mary and Andrew highlight the case that AI firm Anthropic filed against the Defense Department over being essentially blacklisted. The case is centered around the Pentagon labeling the AI firm a “supply chain risk” after they asked the Pentagon not to use their “Claude” AI technology to do two things: “deploy lethal autonomous warfare without human oversight” and use it for “mass surveillance of Americans.”

Further reading:

Here is the complaint Anthropic filed against the government: Complaint For Declaratory And Injunctive Relief
Here once again is the Federal Register if you’d like to enter public comment: Review of State Bar Complaints and Allegations Against Department of Justice Attorneys

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Usurping Power

Mary McCord, Andrew Weissmann — Tue, 10 Mar 2026 22:22:24 +0000

Today's episode begins with a breakdown of the Justice Department’s about-face on four cases brought after Trump targeted several law firms through executive action. As Mary and Andrew discussed last week – they initially dropped their appeal of the decisions against sanctioning these firms, only to reverse course the next day, topped off with a new court filing Friday appealing the rulings. Next, the co-hosts review a pair of decisions: one out of Minnesota's district court concerning the state’s immigration surge, which determined the stopping and subsequent arrests of the case’s plaintiffs was a result of racial profiling. The second decision comes from U.S. District Judge Royce Lamberth, who ruled Kari Lake’s oversight of Voice of America unlawful and illegitimate. Last up, Mary and Andrew detail Attorney General Pam’s Bondi’s proposed rule that would put any state complaint against a justice department lawyer on hold while the DOJ reviews it, essentially giving the department the power to hold these indefinitely if they so choose.

Further reading:

Here is Mary’s recent piece on MS Now detailing the DOJ’s shift on appealing several law firm decisions: What’s exposed by the Justice Department’s reversal on Trump’s campaign against law firms. Every lawyer knows that the federal court rulings were correct and that the president's executive orders are legally indefensible.
Here is the Federal Resister: Review of State Bar Complaints and Allegations Against Department of Justice Attorneys

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Legal Madlibs

Mary McCord, Andrew Weissmann, Tess Bridgeman — Wed, 4 Mar 2026 01:31:57 +0000

Initial shock has given way to grave concerns as the US and Israel’s joint attack on Iran continue, stepping both countries into a war without a clear goal, end date or exit strategy. To help explain where congressional powers lie and the limits of executive authority, Mary and Andrew call upon Tess Bridgeman, international law expert and Co-Editor-in-Chief of "Just Security”. Tess stakes out the scope of the 1973 War Powers Resolution, and why Congress is meant to be the body that decides if, and when the US commits to armed conflict with another nation state. Then, Mary and Andrew turn focus to a few immigration updates, as more judges chastise the government for continually violating court orders, and a Columbia student is detained by ICE under false pretenses. Last up, the co-hosts turn to the decision in the case involving whether a journalist’s devices seized while executing a search warrant could be searched. Plus: the Trump administration’s decision to stand down on defending Trump’s sanctions against law firms— only to do a seeming about face the next day.

Further reading:

Here is the piece Tess Bridgeman co-wrote on "Just Security": Top Questions the Trump Administration Needs to Answer on War with Iran
Here is the opinion Andrew and Mary were referring to out of the Southern District of West Virginia
You can pre-order Andrew’s book, out May 19th, here: Liar’s Kingdom: How to Stop Trump’s Deceit and Save America

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The Bulwark of Liberty

Mary McCord, Andrew Weissmann — Tue, 24 Feb 2026 23:53:50 +0000

Last week, the Supreme Court struck down President Trump's expansive tariffs, ruling that they exceeded the authority given to him by Congress. The 6-3 decision saw conservative Justices Gorsuch, Coney Barrett, and Chief Justice Roberts align with the court’s three liberal justices, though as Mary and Andrew explain, through different pathways: the conservative justices using the “major questions doctrine” as their guiding principle, while the liberal justices arrived at the same result through statutory interpretation and good ‘ole “common sense.” The co-hosts spend most of this episode walking through key parts of the ruling, noting Justice Gorsuch’s opinion that the legislative process ought to reflect the will of elected representatives, “not just that of one faction or man.” Then, Mary and Andrew turn to a significant ruling against ICE in West Virginia, where a federal judge admonished agents for wearing masks and using unmarked cars, a presence akin to a “secret police force." And last up, a scathing review of Judge Eileen Cannon’s decision not to release Jack Smith’s report in the classified documents case.

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“Horsefeathers!”

Mary McCord, Andrew Weissmann — Tue, 17 Feb 2026 23:39:06 +0000

Last week, a grand jury refused to indict six Democratic lawmakers over a video they made addressing service members’ duty to refuse illegal orders. Mary and Andrew hold little back as they discuss the government’s attempt to chill free speech and persecute political foes. In an adjacent case, they review Judge Richard Leon’s decision to block Secretary Pete Hegseth from demoting Senator Mark Kelly over the video, saying it “trampled on Senator Kelly's First Amendment freedoms.” The co-hosts then dig into the unsealed Fulton County affidavit and what it shows about the basis of the administration's 2020 election fraud claims, before concluding with a couple due process updates: Judge Boasberg’s decision ordering the Trump administration to facilitate the return of some Venezuelan migrants unlawfully deported, and Judge Tim Kelly’s decision in a case about death row prisoners being sent to a “Supermax” prison on the government’s orders without due process, after Biden granted them clemency from the death penalty before leaving office.

Further reading:

Read Judge Richard J. Leon’s Memorandum Opinion on Mark Kelly v. Pete Hegseth HERE

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Check Out a Preview for “Clock It”

Symone Sanders Townsend, Eugene Daniels — Thu, 12 Feb 2026 10:00:00 +0000

“MS NOW Presents: Clock It” is an invitation to the liveliest and most informed groupchat in your feed. Symone Sanders Townsend and Eugene Daniels are long-time political powerhouses. And they understand more than most how culture influences politics, and the role politics plays in culture. On “Clock It,” they’re helping you put your finger on the pulse of the hottest political gossip and their off-air conversations too colorful for TV.

In the first episode of their new show, “Clock It,” they’re joined by actors Tony Goldwyn and Myles Frost for a conversation about making thought-provoking art when political tensions are at their highest. And they dig in on the Super Bowl halftime show, why cuts to The Washington Post matter for democracy, and the race to the Senate in Texas.

Stay here to get a sneak peek. Then search and follow the show to get new episodes every Thursday.

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Who's Bearing the Consequences?

Mary McCord, Andrew Weissmann — Tue, 10 Feb 2026 23:43:28 +0000

Andrew and Mary are often inundated with news out of the Justice Department, but one item that really caught their attention this week was the DOJ’s appeal to the Supreme Court to toss out Steve Bannon’s contempt conviction. They begin here, highlighting Deputy Attorney General Todd Blanche’s wry comments on social media about the case. Next, they turn to a reality hitting prosecutors hard, especially in states ICE is targeting—that the push for mass detentions did not include any plan for the infrastructure needed to support the caseload in the courts or in U.S. Attorneys’ offices. And it's pushing prosecutors to the brink. Mary and Andrew talk about one of them, Julie Le, who was fired after expressing her exasperation in Minnesota. Next, they explain why Congress was given access to the (mostly) un-redacted Epstein files and Ghislaine Maxwell’s choice to plead the 5th in a congressional deposition. And last up, a beat on the Georgia ballot seizures, as Fulton County sues and a judge orders DOJ records to be unsealed in the case.

Further Reading:

Here is a new piece from Andrew: How Congress Can Give Epstein Survivors the Investigation They Deserve, Starting with Compelling Maxwell to Testify

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MS NOW Presents: Clock It with Symone and Eugene

Symone Sanders Townsend, Eugene Daniels — Thu, 5 Feb 2026 08:00:00 +0000

Symone Sanders Townsend and Eugene Daniels were once at odds as White House staffer and White House reporter. Now they’re friends and colleagues—each co-hosting their own shows at MS NOW. But their off-air conversations are where the real action is. Their new show, “MS NOW Presents: Clock It” is an invitation to their groupchat, the liveliest—and most informative—in news. Whether it’s ICE getting dispatched to the Super Bowl because Bad Bunny’s doing the halftime show, or Nicolás Maduro’s Nike Tech fit, or Michael B. Jordan’s sole Oscar nomination despite playing three roles in Sinners, there is no collision between culture and politics that this show won’t document and decipher. Symone and Eugene see exactly what’s going on—and they want you to clock it, too.

New episodes drop every Thursday, starting February 12th. Search for “MS NOW Presents: Clock It” and hit “follow” so you don’t miss an episode.

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Callous and Lawless

Mary McCord, Andrew Weissmann — Wed, 4 Feb 2026 04:59:40 +0000

Heads were turning over the weekend after Chad Mizelle, a former Justice Department official, put out a recruitment call for Trump-loyal Assistant U.S. Attorneys to hit him up on X. Mary and Andrew begin by highlighting the atypical nature of this outreach, while noting how slim the pool of applicants must be for what have long-been highly coveted and competitive positions. This piled on another DOJ fumble after a huge tranche ofEpstein files was released that unintentionally exposed the personal information of numerous victims. The co-hosts then turn to Minnesota, where a decision came in allowing Operation Metro Surge to continue, while another judge admonished DHS for ignoring over 90court orders. Mary and Andrew also call out the arrests of journalists Don Lemon and Georgia Fort during an anti-ICE protest in the state. Plus: a beat on a controversial federal search warrant targeting 2020 ballots in Fulton County, with more to come on that issue.

Further reading:

Here is the Epstein victims' letter: Emergency Request for Immediate Judicial Intervention—Epstein Transparency Act
Here is the New York Times guest essay that Andrew mentioned: We Were Top Homeland Security Lawyers. You Can’t Wish Away the Fourth Amendment.

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Minnesota

Mary McCord, Andrew Weissmann — Wed, 28 Jan 2026 02:25:54 +0000

Mary and Andrew make Minnesota the focal point this week, after the Trump administration’s intensified immigration enforcement efforts in the state culminated in the tragic killing of Alex Pretti by federal agents on Saturday. The co-hosts detail several legal cases related to these efforts: one that challenges how ICE and CBP agents treat protestors and observers, another that aims to preserve evidence in Mr. Pretti’s death, and a state case arguing that the federal government is violating the 10th Amendment and Minnesota’s sovereignty rights by conducting “Operation Metro Surge”. Then, they turn to what Andrew calls an “extortion letter” sent by Attorney General Pam Bondi to Governor Tim Walz over the weekend, implying that compliance of three demands – including handing over Minnesota’s voter rolls – could lead to a reduction of immigration forces in the state. Before wrapping up, Mary and Andrew review a memo surfaced by a whistleblower giving DHS officers authority to forcibly enter homes during immigration enforcement operations.

Further reading:

Here is a new piece Andrew and Ryan Goodman wrote for Just Security: The Top 10 Questions the Trump Administration Needs to Answer About Minnesota. What journalists and Congress should ask.

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Jack Smith Live

Andrew Weissmann, Mary McCord — Fri, 23 Jan 2026 03:00:00 +0000

The former special counsel testified in front of the Republican-led House Judiciary Committee for five hours on Thursday. After the hearing was adjourned – and in between their respective hits for MS NOW’s evening shows – Mary and Andrew shared their takeaways from Smith’s time under questioning. As they note, the representatives who called Smith in often used their allotted 5 minutes to read aloud their own political statements and left him little room to say anything. In his opening statement, Smith took pains to stand up for his staff, some of whom were fired from their public service jobs, some whom have been vilified by the president's supporters, and some threatened. He said they are the best of public servants and our country owes them a debt of gratitude. Over the course of the day, Smith repeatedly told lawmakers that his team had proof that Trump knew his allegations about the election being stolen were false, that he caused the Jan. 6th insurrection and that he exploited subsequent violence. While Smith was testifying, as Mary points out, Trump posted on Truth Social: “Jack Smith is a deranged animal, who shouldn’t be allowed to practice Law. If he were a Republican, his license would be taken away from him, and far worse!”

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It’s Been a Year...

Mary McCord, Andrew Weissmann — Tue, 20 Jan 2026 23:16:58 +0000

Protests continue in Minnesota after the state sued to stop President Trump’s surge of immigration agents to a city still reeling from the death of Renee Good. After mulling where we are one year into this administration, Mary and Andrew zero in on Trump’s revived desire to invoke the Insurrection Act, as Governor Tim Walz and Minneapolis Mayor Jacob Frey become the targets of a federal inquiry. Adding to the tumult, numerous Minnesota prosecutors have quit over the pretense of an investigation into the wife of Renee Good. The co-hosts then turn to Boston, where Judge William Young rebuked government attacks on free speech, outlining an order he’ll issue to restrict deportations of noncitizen scholars. Topping off the episode, Mary and Andrew unpack the alarming FBI raid on a Washington Post reporter's home.

Note to listeners: Andrew and Mary will be back later this week to react to former Special Counsel Jack Smith's live testimony before the House Judiciary Committee. Check in Thursday evening to hear their takeaways.

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Consolidation of Power

Mary McCord, Andrew Weissmann — Wed, 14 Jan 2026 01:41:52 +0000

Today’s episode begins with the fatal shooting of Renee Good last week at the hands of an ICE officer in Minneapolis. Mary and Andrew break down the frame by frame of the tragedy and its fallout — pointing to the Trump administration’s deflective response, the Civil Rights Division’s decision not to investigate, and the inflammatory language used by the Vice President and Trump himself. Joining the conversation next for a deep dive into Trump’s actions in Venezuela is international law expert Rebecca Ingber, who explains how the incursion has no clear legal justification under international law. Last on the agenda, the co-hosts turn to news out of D.C. where the U.S. Attorney launched a criminal probe into Federal Reserve Chair Jerome Powell, sparking questions about the Fed’s independence and government sanctioned retribution campaigns.

A Note: In this episode, Mary and Andrew talk about top DOJ officials quitting over their division’s refusal to investigate the Minnesota shooting. After recording, the New York Times among others reported the following: Six Prosecutors Quit Over Push to Investigate ICE Shooting Victim’s Widow

Further Reading:

Here is the Federal Reserve’s explanation of the renovations: Federal Reserve’s Renovation of Two Historic Buildings

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Get Insider Access to MS NOW Podcasts

MS NOW — Fri, 9 Jan 2026 08:00:00 +0000

Listen to this special invitation from Rachel Maddow and sign up for MS NOW Premium on Apple Podcasts to take advantage of a 3-month free trial!

With MS NOW Premium, you can get our entire suite of podcasts – everything from “The Last Word with Lawrence O’Donnell” to “The Best People with Nicolle Wallace” – all ad-free. As a subscriber, you also get early access to select shows, plus exclusive bonus content – like a new episode of “Rachel Maddow Presents: Burn Order,” out Friday. Sign up right here, then search “Burn Order” to listen to that Premium episode.

There’s a lot in store for 2026. So to celebrate the new year, we’re giving away 3 months free if you sign up by the end of January! It’s just $2.99/month or $29.99/year after that. Thanks for listening!

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Mary McCord Joins House Dems to Mark Five Years Since January 6th

Wed, 7 Jan 2026 00:55:31 +0000

It’s been five years since rioters stormed the Capitol in one of the most violent events on U.S soil in recent history. To commemorate the day and remind Americans of the consequences that still reverberate around the nation, House Democrats organized a hearing to “to set the record straight on the violent insurrection carried out by supporters of Donald Trump.” In this bonus episode, you’ll hear from Winston Pingeon, a former United States Capitol Police Officer, Brendan Ballou, a former Department of Justice Prosecutor, Pamela Hemphill, a rioter who refused President Trump’s pardon, and Main Justice co-host Mary McCord, the Executive Director of the Institute for Constitutional Advocacy and Protection (ICAP) and Visiting Law Professor at Georgetown.

Audio provided by the Office of Leader Hakeem Jeffries.

Here is an OpEd on MS Now from Mary that reflects her testimony: Political violence doesn’t always look like Jan. 6

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This is America in 2026

Mary McCord, Andrew Weissmann — Tue, 6 Jan 2026 00:38:21 +0000

Just days into 2026, Mary and Andrew dive into a fresh slate of legal questions brought on by the United States’ surprise extraction of Venezuelan President Nicolás Maduro and his wife to New York to face criminal charges. Unpacking why the operation is widely viewed as illegal in both Venezuela and here at home, they focus on the Trump administration’s pattern of self-excusing questionable tactics under the banner of fighting crime and drug smuggling. Next, as the fifth anniversary of the January 6th insurrection approaches, Mary previews her upcoming testimony in front of House Democrats on the impact the broad swath of pardons for J6 convictions has had, before the co-hosts review Jack Smith’s now public deposition before the House Judiciary Committee. Last, Mary and Andrew turn to the newly unsealed order in the Kilmar Abrego Garcia case, in which the judge believes DOJ officials may have pushed to prosecute him only after he was wrongly deported to El Salvador.

Further reading:

Former Special Counsel Jack Smith’s testimony transcript is HERE, the video is HERE
HERE is Judge Gary R. Brown’s ruling from 12/18 on the awful conditions in an ICE detention facility in Long Island, NY.

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Ending the Year with Good News

Andrew Weissmann, Mary McCord — Wed, 31 Dec 2025 00:00:00 +0000

After a year that saw no shortage of heavy legal news, Mary and Andrew close out 2025 with an episode of positive judicial developments. They begin with the Supreme Court’s decision denying President Trump’s request to stay an injunction blocking the federalization of National Guard troops in Illinois, concluding that the statute the government used to justify it first requires an attempt to execute federal laws with the military – which would likely require invocation of the Insurrection Act. And nobody seems to want that. At least not yet. The co-hosts then turn to D.C. District Court Judge Jeb Boasberg’s decision on the Trump administration’s use of the Alien Enemies Act. He wrote that because the U.S. maintained constructive custody over Venezuelans expelled to El Salvador, they are legally owed due process rights. Last up, they note two judges who are demanding proof that the government is not acting vindictively — from the administration’s prosecution of Kilmar Abrego Garcia to the presidential memo that stripped the security clearance of national security lawyer Mark Zaid.

Editors’ Note: While Andrew and Mary were recording this episode, an order from Judge Crenshaw in Abrego Garcia's criminal case was unsealed. It confirms the DOJ pushed to prosecute Kilmar Abrego Garcia only after he was mistakenly deported. You can read it HERE

Further reading:

Read Judge Boasberg’s Memorandum Opinion on due process for Venezuelans deported to El Salvador HERE

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Shifting the Overton Window

Mary McCord, Andrew Weissmann — Tue, 23 Dec 2025 01:29:57 +0000

The highly anticipated release of the Epstein files dropped last Friday with a muted thump, as redactions were abundant and files were held back. Mary and Andrew begin there, with the Justice Department’s failure to comply with the “Epstein Files Transparency Act”, a congressional law compelling the release of "all unclassified records" with a few exceptions. They break down what the law requires, why the DOJ’s redactions raise some concerns, and what new revelations surfaced around Jeffrey Epstein’s 2008 plea deal. Turning to several federal cases on their radar, the co-hosts unpack the news that prosecutors had tried but failed to add a third felony charge against Letitia James and the split jury verdict of Wisconsin state court Judge Hannah Dugan. And before wrapping up, Mary and Andrew examine a unanimous DC Circuit decision allowing the National Guard deployment in the city to proceed, emphasizing D.C.’s unique non-state status.

Further reading:

Read DC Circuit Panel Decision on National Guard deployment HERE

And a note to our listeners: As Mary and Andrew mentioned, they plan to record a new episode next Tuesday if the news warrants it. Otherwise, they’ll take some time to enjoy the holiday season and will be back with a new episode on January 6th.

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Kafkaesque

Mary McCord, Andrew Weissmann — Wed, 17 Dec 2025 00:56:38 +0000

Seeking political retribution is far different than prosecuting a winning case, as the Trump administration is coming to understand. Mary and Andrew begin here after a grand jury, once again, refused to re-indict New York Attorney General Letitia James. This comes along with a ruling limiting what evidence could be used in the case against James Comey if the government seeks to re-bring that case. The co-hosts also tee up what may come from Jack Smith’s closed-door deposition in front of the House Judiciary Committee, before turning to the latest in the Kilmar Abrego Garcia saga, after Judge Paula Xinis ordered his release. Last up, Mary and Andrew head to the West coast for an update on the National Guard deployment in L.A., and offer some analysis on Judge Bybee’s statement on 9th Circuit en banc review over deploying the National Guard to Portland, Oregon.

Further Reading:

Here is Judge Xinis’ opinion regarding the release of Kilmar Abrego Garcia.

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Damage to the System

Mary McCord, Andrew Weissmann — Wed, 10 Dec 2025 02:13:37 +0000

Last week, the Supreme Court ruled in favor of allowing Texas to use its gerrymandered congressional map in the 2026 midterms, handing a redistricting win to Republicans. Mary and Andrew begin here, pointing to this decision as an example of the conservative majority’s disregard for opinions made by lower courts. Then, they turn to a Virginia grand jury’s refusal to re-indict Letitia James after a federal judge dismissed the initial criminal case against her — showing, in the hosts’ estimation, how weak the reasoning must be for this indictment to be declined. This, before turning to the declarations filed by Kristi Noem, among others, in Judge Boasberg's contempt case, and highlighting Judge Beryl Howell’s scathing decision barring immigration arrests without a warrant in DC. And before they wrap, Andrew and Mary give a quick nod to the Pentagon’s IG report on Defense Secretary Pete Hegseth’s use of the Signal chat app.

Further reading:

HERE is Judge Beryl Howell’s 88-page decision against DHS over warrantless immigration arrests.
HERE is the Pentagon's IG report on Defense Secretary Pete Hegseth's use of the ‘Signal’ chat app to communicate war plans.

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“Dishonorable and Inhumane”

Mary McCord, Andrew Weissmann, Todd Huntley — Wed, 3 Dec 2025 00:44:01 +0000

“What was said, when was it said, and who was observing the operation as it was ongoing?” These questions are top of mind this week for Todd Huntley, Director of Georgetown’s National Security Law Program and a former active-duty Judge Advocate for the Navy. He joins Mary and Andrew to lend his unique expertise to what the Washington Post reported as a “kill them all” order from Defense Secretary Pete Hegseth. This order reportedly led to a second strike, killing two remaining survivors and, in Huntley’s view, violating the laws of naval warfare and international law, which “give a protected status to shipwrecked personnel.” Mary and Andrew then take a moment to reflect on the tragic shooting of two National Guard members last week and an appellate court ruling affirming a lower court finding that Alina Habba’s appointment as acting US Attorney in New Jersey was unlawful.

Further reading:

Todd Huntley’s interview in The New Yorker: The Legal Consequences of Pete Hegseth’s “Kill Them All” Order. A former military judge on the Trump Administration’s contradictory—and likely unlawful—justifications for its Caribbean bombing campaign.
Here is the original reporting on the 2nd strike by the Washington Post: Hegseth order on first Caribbean boat strike, officials say: Kill them all.

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Preview of “Rachel Maddow Presents: Burn Order”

MS NOW — Mon, 1 Dec 2025 08:00:00 +0000

Rachel Maddow’s new series lays bare one of the most shocking decisions in American history. It’s story that reveals how an executive order authorizing the mass roundup of innocent Japanese Americans came to be, the powerful players who engineered it, and the burn order that tried to erase it from history.

Stay right here to listen to a special preview of “Rachel Maddow Presents: Burn Order.” And for the full episode, search for “Burn Order” and follow the show.

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Lawlessness in Progress

Andrew Weissmann, Mary McCord — Wed, 26 Nov 2025 00:40:16 +0000

Amid an abundance of legal issues Mary and Andrew are keeping tabs on, this episode begins with the dismissal of the cases against both James Comey and Letitia James over the unlawful appointment of interim U.S. attorney Lindsey Halligan. The co-hosts work through the judge's decision before reviewing some of the procedural missteps made by Halligan in the Comey case. Next comes the news that the Pentagon is investigating Senator Mark Kelly over a video he and other lawmakers made assuring military personnel they are not obligated to follow illegal orders. As Andrew notes, “Isn't that the law? And isn't that what a president and the head of the Department of Defense want?” And last up, Andrew and Mary touch on a double standard over redistricting efforts, as the Justice Department sues California under a pretense of racial gerrymandering, while notably refraining from leveling similar challenges to Texas’ redistricting plans.

Introducing "Rachel Maddow Presents: Burn Order"

Rachel Maddow — Mon, 24 Nov 2025 14:00:00 +0000

"Rachel Maddow Presents: Burn Order" is the story of one of the most shocking decisions in American history: the executive order to target and round up innocent citizens, Japanese Americans, at the outbreak of World War II. This six-episode narrative podcast will examine and shed new light on how that policy came to be, who was behind it, who attempted to stop it, and the heroism needed to end the policy for good.

Listen to the trailer here and search for “Burn Order” to follow the show.

The first two episodes drop December 1st.

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“No Pretense of Evenhanded Justice”

Andrew Weissmann, Mary McCord — Wed, 19 Nov 2025 00:44:40 +0000

This past weekend — after months of deflection from the Trump administration — came a sudden tone shift from President Trump himself, who urged House Republicans to support a measure compelling the Justice Department to release the Epstein files. Mary and Andrew begin here, noting that Trump could just as easily release the files himself without a vote. Next, they review an order to release all grand jury material in James Comey’s case, after the judge blasted the Justice Department for potential misconduct. And before wrapping up, Mary and Andrew head to the latest in the JGG case and Judge Boasberg’s contempt proceeding, after a district court ruled to allow the case before him to proceed.

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Honoring Veterans Day

Tess Bridgeman, Andrew Weissmann, Mary McCord — Wed, 12 Nov 2025 00:23:36 +0000

“Leave aside the cruelty of not giving these funds out,” Andrew says, reflecting on the SNAP benefits case now before the Supreme Court. “What does it say that we're not prioritizing hunger as an issue?” Then, Mary brings listeners up to speed on the dizzying chain of events since Friday and where the SNAP case stands, even as the Senate and House appear to be moving towards reopening the government. And in honoring Veterans Day, Mary and Andrew dig into several issues affecting service members, including the latest filing in Trump v Illinois, and how to think about the term "regular forces", plus Judge Immergut’s final order prohibiting the National Guard deployment in Portland. And finally, Just Security’s co-editor in chief, Tess Bridgeman, joins to analyze what the law says— and doesn’t say-- about blowing up boats in international waters without a clear justification or congressional authorization.

Further reading:

Judge Wolf’s piece in The Atlantic: Why I Am Resigning. A federal judge explains his reasoning for leaving the bench.
Just Security’s collection of information around the boat strikes: Collection: U.S. Lethal Strikes on Suspected Drug Traffickers

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Cycles of Factionalism

Andrew Weissmann, Mary McCord — Wed, 5 Nov 2025 00:14:48 +0000

The Supreme Court’s landmark decision granting presidential immunity for official acts has reverberated in unprecedented ways since its issuance. One consequence, as Mary and Andrew note in their recent New York Times essay, is that rather than “preventing the weaponization of prosecutions, the court has unleashed it.” The co-hosts begin here, offering insights into the ongoing prosecutions of James Comey, Letitia James and the suspension of two assistant U.S. attorneys in DC. Next, they move to some updates on the National Guard domestic deployments, as several cases wind their way through the courts. And rounding out this episode, Mary and Andrew turn to the litigation around SNAP benefits and preview Wednesday’s tariff argument before the Supreme Court.

Further Reading:

Here is Mary and Andrews’ New York Times Essay: How the Supreme Court Paved the Way for Revenge Prosecutions
And as Mary and Andrew discussed, note the difference between the government's first Sentencing Memorandum in the Taylor Franklin Taranto case compared with the second Sentencing Memo.

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The East Wing as a Metaphor

Andrew Weissmann, Mary McCord — Tue, 28 Oct 2025 16:49:55 +0000

The bulldozing of the East Wing of the White House late last week was shocking to much of the nation, Mary and Andrew included. They begin there with concerns, not only about preserving its rich history, but the ethical and legal questions that arise from the president using private donations to fund this ballroom build, and how the Anti-Deficiency Act might apply. Next, an update on National Guard deployments in the California case and the 9th Circuit’s issue of a temporary stay in Portland as they consider an en banc review. And last up, the boat strikes keep coming in the Caribbean -- and now in the Pacific, as the president continues to escalate tensions. Mary and Andrew address the thorny legal issues at play when the U.S. military kills suspected traffickers in international waters.

A note to listeners: Since this episode was recorded, Defense Secretary Pete Hegseth announced another set of boat strikes in the Pacific ocean that killed 14 people.

Further reading: Here is the Letter from several Democratic Senators raising concerns about donations to the ballroom that Mary and Andrew spoke about.

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Hold on "For Just a Little Longer"

Mary McCord, Andrew Weissmann — Tue, 21 Oct 2025 22:57:53 +0000

Mary and Andrew begin this week with the latest in the Trump administration’s attempt to send National Guard troops into American cities. From the 9th Circuit comes a 2-1 decision lifting a lower court’s temporary block on deployments into Portland, Oregon. Plus: the government has asked the Supreme Court to weigh in on the use of National Guard troops in Chicago. Mary and Andrew analyze the legal repercussions of both, then move to reporting on a Trump administration promise to betray U.S. informants in order to secure a prison deal with El Salvador. And while a week feels like a year these days, the co-hosts review both John Bolton’s indictment last Thursday and James Comey’s recent motion to dismiss his case based on vindictive and selective prosecution. Before wrapping up this week, Mary and Andrew take a beat on last week’s oral arguments before the Supreme Court in Louisiana v Calláis that dealt directly with the Voting Rights Act and whether redrawing districts can be used to remedy disenfranchising voters in Louisiana.

Further Listening/Reading:

Here is Andrew’s conversation with former Special Counsel Jack Smith at an event at UCL in London: The State of the United States: A Conversation with Jack Smith
Here is the reporting from The Washington Post Mary and Andrew spoke about: Rubio promised to betray U.S. informants to get Trump’s El Salvador prison deal.

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The Militarization of American Cities Under Trump with Mary McCord

Chris Hayes, Mary McCord — Mon, 20 Oct 2025 21:02:28 +0000

On October 8, 2025, President Trump deployed the Texas National Guard to the Chicago area – marking yet another instance of military force being used domestically under his leadership. This follows earlier deployments of federal troops to states like California and Oregon. These actions point to a deeply troubling pattern: the use of U.S. military forces – trained to defend the nation from foreign threats – against its own citizens. Mary McCord, Executive Director of the Institute for Constitutional Advocacy and Protection and a Visiting Professor of Law at Georgetown University Law Center, joins WITHpod to discuss the legal and ethical implications of this alarming trend – and what it means for democracy.

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Preview of “The Blueprint” Season 2

Jen Psaki, Rep. Greg Casar — Wed, 15 Oct 2025 21:00:00 +0000

Jen Psaki is on a mission to show us how the Democratic party can use this political moment to fight and win again. On Season 2 of her podcast, “The Blueprint,” she interviews the people reshaping the party, starting with Texas Congressman Greg Casar, Chair of the Progressive Caucus.

The first two episodes of “The Blueprint with Jen Psaki” are available now, and will continue to drop every Wednesday, from now through mid-November.

Stay right here to listen to a special preview. And for the full episode, search for “The Blueprint with Jen Psaki” and follow the show. Plus, subscribe to MSNBC Premium on Apple Podcasts for ad-free listening.

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A Pimple on the Rear of an Elephant

Andrew Weissmann, Mary McCord — Tue, 14 Oct 2025 23:46:44 +0000

Last Thursday, New York Attorney General Letitia James was indicted by a grand jury on two counts. This, on the heels of former FBI Director James Comey’s arraignment, where pre-trial motions were granted around vindictive and selective prosecution. Mary and Andrew use these two examples to explain why targeting individuals instead of crimes violates some of the Justice Department’s most sacred norms. Next, they walk through the latest court battles around federalized National Guard troops in Oregon and Illinois, with a 7th Circuit ruling in Chicago and oral arguments in the 9th circuit over the Portland deployment. Last comes a notable article from Professor Caleb Nelson, one of the nation’s foremost originalist legal scholars, who questions granting increasing executive authority to the presidency.

Further reading:

Here is Professor Nelson’s article written for NYU Law’s Democracy Project: Special Feature: Must Administrative Officers Serve at the President’s Pleasure?

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Introducing Season 2 of “The Blueprint”

MS NOW — Wed, 8 Oct 2025 07:00:00 +0000

Democrats are looking to regain power, and there is a whole lot of warranted debate about what a winning formula looks like. “The Blueprint with Jen Psaki” is a forum where those discussions take place. On season two of her podcast, Jen sits down with some of the biggest names on the left side of the political spectrum to talk about confronting Trump 2.0 and how the Democratic party can shape the future they’d like to see.

New episodes drop October 15th. Search for “The Blueprint with Jen Psaki” to follow the show. And subscribe to MSNBC Premium on Apple Podcasts for ad-free listening.

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“Untethered to the Facts”

Mary McCord, Andrew Weissmann — Tue, 7 Oct 2025 22:55:47 +0000

Military action is a stark theme this week, as Oregon and Illinois sue the Trump administration over its attempts to federalize National Guard troops for deployment into both states. Mary and Andrew break down not one, but two temporary restraining orders that block deployments to Oregon, as Trump appointed Judge Karin Immergut cites Trump’s own words to show the facts don’t support what he alleges about “war ravaged” cities. Then, they dig into the administration's fourth deadly boat strike on alleged drug traffickers near Venezuela, highlighting how the lack of apparent legal authority might play out, as Attorney General Pam Bondi answered questions from the Senate Judiciary committee Tuesday. Last up, Andrew and Mary turn to two consequential decisions that don’t bode well for the Trump administration: one decision out of Boston, barring efforts to deport non-citizen activists; and a second finding of a “likelihood of vindictive prosecution” from a Nashville judge as it relates to the seeming retaliatory charges against Kilmar Abrego-Garcia.

Further reading:

MSNBC’s Carol Leonnig and Ken Dilanian report: Top prosecutor is rejecting Trump pressure to charge New York AG
Mary And Tess Bridgeman’s piece for Just Security: What the Senate Judiciary Committee Should Ask A.G. Bondi on Drug Cartel Strikes
Judge Karin Immergut’s two decisions in Oregon:
- Immergut’s First TRO blocking federalization of the Oregon National Guard.
- Immergut’s Second TRO blocking deployment of any “federalized members of the National Guard” to the state.

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It’s All Out Loud

Mary McCord, Andrew Weissmann — Tue, 30 Sep 2025 23:52:59 +0000

In Mary and Andrew’s estimation, there is no effort from the Trump administration to say things softly, the quiet part is very much out loud. They begin with the indictment of former FBI Director James Comey by Trump’s newly installed U.S. attorney for the Eastern District of Virginia, Lindsey Halligan, noting how much these targeted charges upend the tradition of a separation between the White House and the Justice Department. The next stop is Portland Oregon, where the president announced his intent to deploy troops to the city in a Saturday Truth Social post, calling it “war ravaged”. Oregon immediately sued to stop the national guard deployment, so Mary and Andrew catch listeners up on where this stands and what to expect. And last, they turn to Trump’s domestic terror memorandum, announcing his intent to investigate left-leaning groups he suggests may be funding political violence.

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A "Break Glass" Moment

Mary McCord, Andrew Weissmann — Tue, 23 Sep 2025 23:36:05 +0000

President Trump’s pressure campaign to take action against perceived adversaries is unrelenting. Mary and Andrew start this week by breaking down a public push for Attorney General Pam Bondi to prosecute Trump’s political foes, just as Virginia’s U.S. Attorney was ousted for failing to bring charges against Letitia James and Jim Comey. The focus then turns to the government’s attempt to control critics and silence opposition after last week’s abrupt suspension of Jimmy Kimmel, backed by FCC Chair Brendan Carr, as well as what the president designating ANTIFA as a “terrorist organization” actually means. On the flip side comes the effort to dismiss investigations into those aligned with Trump’s cause. See MSNBC’s reporting on the FBI bribery investigation into “Border Czar” Tom Homan that was shut down after Trump returned to office. And last up: Mary shares the reasoning behind a court's decision to block the removal of dozens of Guatemalan children, citing that the governments explanation "crumbled like a house of cards.”

And a reminder: There are still tickets available for MSNBC Live – our second live community event featuring more than a dozen MSNBC hosts. The day-long event will be held on October 11th at Hammerstein Ballroom in Manhattan. To buy tickets visit msnbc.com/live25.

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Real Life Consequences

Mary McCord, Andrew Weissmann, Ryan Goodman — Wed, 17 Sep 2025 00:54:03 +0000

Last week’s fatal shooting of Charlie Kirk was deeply disturbing, and as Andrew establishes at the start, “murder is murder” and those responsible must be held to account. So Mary and Andrew begin with where the investigation stands and how the FBI has handled the case, as well as the lawsuit filed against FBI Director Kash Patel over alleged politically motivated firings at the Bureau. Then, co-editor-in-chief of Just Security, Ryan Goodman stops in to share his research around the end of “the presumption of regularity” in the Trump era, amid growing frustration from many lower courts. And lastly, Andrew and Mary dig into the latest twists and turns in the President’s attempt to fire Fed Governor Lisa Cook.

A note to listeners: After today’s recording, Tyler Robinson was charged with felony aggravated murder, among other charges.

Further reading: Here is Ryan Goodman’s research in Just Security: The “Presumption of Regularity” in Trump Administration Litigation

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Upending the Law

Andrew Weissmann, Mary McCord — Wed, 10 Sep 2025 00:28:17 +0000

This episode begins with Mary and Andrew digesting the 2-1 decision from the Fifth Circuit Court of Appeals halting the Trump administration’s ability to use the Alien Enemies Act to deport Venezuelan nationals accused of being members of Tren de Aragua. Andrew calls the administration’s recent arguments “outlandish” before moving to the questionable legality of the U.S. military’s deadly boat strike last week – an unprecedented action which left eleven dead. Next, they move to Monday’s Supreme Court decision undoing limits set by a lower court on how ICE conducts immigration raids. Plus, a federal judge issues a win for Harvard University on the topic of frozen and terminated funds.

Further reading: The 5th Circuit Court of Appeals’ ruling on Trump’s invocation of the Alien Enemies Act to deport Venezuelans

And a reminder: tickets are on sale now for MSNBC Live – our second live community event featuring more than a dozen MSNBC hosts. The day-long event will be held on October 11th at Hammerstein Ballroom in Manhattan. To buy tickets visit msnbc.com/live25.

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Assault on Congress

Andrew Weissmann, Mary McCord — Wed, 3 Sep 2025 00:05:49 +0000

After a Labor Day weekend that saw a judge halt the Trump administration's attempt to deport dozens of Guatemalan children already loaded onto airplanes, Andrew and Mary had planned to start their conversation there. But just this morning, Judge Charles Breyer ruled the administration cannot deploy U.S. military to carry out law enforcement operations, as this violates the Posse Comitatus Act. Andrew and Mary provide historical context for the act and walk us through the rationale of this latest ruling. Then, they take a beat on moves to oust two more Trump appointed U.S. Attorneys in California and Nevada who have yet to be congressionally approved. And last up, they review several big cases on tariffs, Lisa Cook, and cuts to foreign aid.

Further reading:

Here is Judge Thomas T. Cullen’s opinion dismissing Trump’s lawsuit against Maryland federal judges.
And here is Judge Charles Breyer’s ruling on the Posse Comitatus Act: Opinion granting injunctive relief

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We are in a Different Place

Andrew Weissmann, Mary McCord — Wed, 27 Aug 2025 00:18:59 +0000

On Monday, after Kilmar Abrego Garcia was taken into ICE custody, Judge Paula Xinis temporarily barred the Trump administration from deporting him to Uganda. Mary and Andrew begin here, reminding listeners that the origin of his case stems from a mistake made by our government. Next, they detail the questionable nature of the FBI raid on former National Security Advisor John Bolton’s home and office before diving into some 30+ letters sent by Attorney General Pam Bondi to blue-leaning jurisdictions, with the aim of ending their sanctuary policies. Last up, Mary and Andrew drill down on Trump’s latest executive order related to a rapidly deployable National Guard unit, as he sharpens threats to send troops into more cities.

Further reading:

Trump’s Executive Order: ADDITIONAL MEASURES TO ADDRESS THE CRIME EMERGENCY IN THE DISTRICT OF COLUMBIA
Garrett Graff's piece Mary referred to: America Tips Into Fascism

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Normalizing Militarization

Mary McCord, Andrew Weissmann — Tue, 19 Aug 2025 22:38:35 +0000

It's been another wild week, after the D.C. Attorney General sued the government for attempting to install the head of the D.E.A. as D.C.’s emergency police commissioner. Following an emergency hearing, US Attorney General Pam Bondi backed down and re-wrote the directive. But Andrew and Mary highlight why that’s just the start: it’s no longer just the D.C. National Guard being deployed in the nation’s capital, National Guard units from five other red states are being sent to the city, making a complicated stew of who’s in charge and who has jurisdiction. Next, they weave this thread into last week's trial over whether California’s National Guard performed law enforcement operations in Los Angeles, a potential violation of The Posse Comitatus Act. And with Russia and Ukraine so much in the news, Andrew offers some reflections from the 2019 Special Counsel’s report that exposes Russia’s long-held goal of taking over the Donbas region. And last up, Andrew and Mary fill listeners in on two DC Circuit cases that have their attention: a decision allowing the Consumer Financial Protection Bureau to be dismantled and another that allows Trump to withhold billions in foreign aid.

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Demonstrably False

Mary McCord, Andrew Weissmann — Tue, 12 Aug 2025 21:46:48 +0000

When “War is peace. Freedom is slavery. Ignorance is strength” we are living in an era of alternate facts. Mary and Andrew apply this Orwellian concept to what's happening this week, after President Trump cited section 740 of the Home Rule Act to federalize the DC police force and send in the national guard to the nation’s capital. They detail how the president was able to do this and why Congress will be the ultimate arbiter of this move. Then, they highlight some litigation befitting this theme, with Judge Breyer’s trial starting this week on the use of the national guard in Los Angeles, and some decisions including not to unseal grand jury testimony in the Ghislaine Maxwell case, plus an Appeals court blocking contempt proceedings in JGG. Last up, Andrew and Mary take a look at Judge Henderson’s opinion in the OMB case and why it deserves more attention than it’s received.

Further reading: Here is President Trump’s letter to Congress citing section 740, courtesy of the New York Times.

And some exciting news: tickets are on sale now for MSNBC Live – our second live community event featuring more than a dozen MSNBC hosts. The day-long event will be held on October 11th at Hammerstein Ballroom in Manhattan. To buy tickets visit msnbc.com/live25.

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Distractions and Sideshows

Andrew Weissmann, Mary McCord — Tue, 5 Aug 2025 22:21:00 +0000

Accountability or weaponization? That's the question Andrew and Mary tackle in their 150th episode together, starting with the distraction of the Office of the Special Counsel's investigation into Jack Smith for possible Hatch Act violations. In other DOJ related matters, they give some context to the Trump administration’s continued battle to keep Alina Habba, a Trump ally, as New Jersey U.S. Attorney, just as The Legal Accountability Center filed bar complaints against lawyers who have represented Trump’s White House in court. In another sideshow, Andrew and Mary break down what to make of a report on the “Clinton Plan” emails, declassified amid the Epstein controversy. And last up, they detail the decision out of the 9th Circuit Court which upheld a pause on ICE raids in California.

Further Reading:

Here is the piece Andrew and his colleague Ryan Goodman wrote for Just Security in October 2024: Refuting the Latest Baseless Attacks Against Special Counsel Jack Smith

Here is the 9th Circuit Court decision on ICE Raids: Appeal from the United States District Court for the Central District of California

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An Unrecognizable Justice Department

Mary McCord, Andrew Weissmann — Tue, 29 Jul 2025 23:37:11 +0000

If it’s customary, it’s probably not happening in this Justice Department. Starting with the latest from the Epstein controversy, Andrew and Mary unpack what to make of the two days Deputy Attorney General Todd Blanche spent interviewing Ghislaine Maxwell. This, after a Florida judge denied the release of Epstein grand jury transcripts last Wednesday.And in immigration related news, three decisions came through in the Kilmar Abrego Garcia saga, just as the first claim is filed against the U.S. over one man’s deportation to El Salvador without due process. Then, in an eye-popping move, Attorney General Pam Bondi’s office filed a misconduct complaint against Judge James Boasberg for “making improper public comments” about the President and his administration. And before wrapping up this week, Mary and Andrew give some context to the former J6 prosecutor who’s suing the administration over his abrupt firing.

Further Reading: Here is the misconduct complaint filed against Judge Boasberg: Complaint Against United States District Court Chief Judge James E. Boasberg

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Disestablishment of the Law

Andrew Weismann, Mary McCord — Wed, 23 Jul 2025 23:57:47 +0000

Pressured for transparency from all sides of the aisle, the Department of Justice made a surprising move to try and unseal grand jury materials from the Jeffery Epstein and Ghislaine Maxwell cases. Andrew and Mary discuss why this move is so shocking and what it signifies. They also look at the latest sentencing for an ex-officer involved in the 2020 raid that killed Breonna Taylor and what a trial on behalf of international students and faculty detained for pro-Palestinian activism revealed about ICE’s practices. Finally, they unpack the DOJ’s firing of Maurene Comey and Attorney General Pam Bondi’s firing of a New Jersey attorney who replaced a long-term Trump ally.

Listener Note: This episode was recorded prior to the ruling from a Florida court that denied the requested grand jury materials in the Jeffery Epstein case. However, the DOJ’s other request related to a grand jury in the Southern District of New York remains pending.

Further reading:

Here is the op-ed written by Rümeysa Öztürk in the Tufts Daily about her time in a women’s ICE facility.

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This is Not Normal

Mary McCord, Andrew Weissmann — Mon, 14 Jul 2025 23:38:33 +0000

Following the emergence of new evidence from messages submitted by the Department of Justice's whistleblower, Erez Reuveni, Andrew and Mary discuss its potential implications for the case of Kilmar Abrego Garcia and the confirmation process of Emil Bove III. They also examine a Southern California ruling to halt immigration stops based on race. On the other coast, they look at a temporary block of Trump's order restricting birthright citizenship—a case where Mary has particular expertise via her role in a related birthright citizenship case: CASA v. Trump. Finally, SCOTUS paves way for mass layoffs of federal workers, and DOJ opens investigations into former FBI Director James Comey and former CIA Director John Brennan.

Listener Note: This podcast was recorded several hours before the Supreme Court decision allowing for the dismantling of the Department of Education. Andrew and Mary will discuss on next week's episode.

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"Your Huddled Masses"

Andrew Weissmann, Mary McCord — Tue, 8 Jul 2025 23:42:52 +0000

This week’s episode begins with a Supreme Court decision to allow the deportation of eight migrants to South Sudan without due process, despite it not being their country of origin. And after a comparative review of the new beefed-up ICE budget and what it means for deportation operations moving forward, Andrew and Mary spotlightthe latest from Kilmar Abrego Garcia’s civil and criminal cases. Also not to be missed: the newly disclosed letters Attorney General Pam Bondi sent to tech firms assuring them they would not be penalized for supporting TikTok operations in the US, despite a federal ban. Plus: how a pardoned J6 defendant received a life sentence for plotting to kill the agents who investigated him, and what led to FBI agent Michael Feinberg’s forced resignation.

Further reading:

Here are the letters sent from Attorney General Pam Bondi to Google, Apple and Amazon, among others.
And here is a write up from former FBI agent Michael Feinberg, explaining his coerced resignation.

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Judicial Authority for Me Not Thee

Andrew Weissmann, Mary McCord — Tue, 1 Jul 2025 23:54:41 +0000

After Friday’s Supreme Court ruling to limit nationwide injunctions, Mary and Andrew begin by breaking down what it means for future challenges to executive actions as they make their way through the courts, and what’s next for Mary’s birthright citizenship case. They also tackle the DHS lawsuit against all federal judges on the district court in Maryland, before reviewing the Justice Department’s plans to prioritize cases revoking citizenship—aka ‘denaturalizing’ US citizens. This, along with their discussion of ICE targeting migrant workers and using routine traffic stops to check legal status, shines a light on the legal limits of ICE’s tactics.

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Testing the Limits

Andrew Weissmann, Mary McCord — Tue, 24 Jun 2025 23:48:37 +0000

The United States entered the conflict between Israel and Iran this weekend after bombing three Iranian nuclear sites. Andrew and Mary start this week’s episode here, discussing the scope of presidential war powers and the norms of international law following the strikes. After, they shift focus to immigration, zeroing in on a whistleblower complaint from a former DOJ lawyer against Principal Deputy Attorney General Emil Bove among others, as well as the releases of Mahmoud Khalil and Kilmar Abrego Garcia. And after a nod to the Supreme Court’s decision on removing immigrants to countries other than their own, Mary and Andrew touch on the 9th Circuit decision allowing Trump to retain control of the California National Guard, and what happens next.

Further reading: Here is the compliant from the Justice Department whistleblower (courtesy New York Times): Protected Whistleblower Disclosure of Erez Reuveni Regarding Violation of Laws, Rules & Regulations, Abuse of Authority, and Substantial and Specific Danger to Health and Safety at the Department of Justice.

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Unflinching Obligation

Mary McCord, Andrew Weissmann — Wed, 18 Jun 2025 00:51:25 +0000

Political violence is never OK. So after the horrible news out of Minnesota, Mary and Andrew begin with a breakdown of the federal charges against the man accused of murdering a Minnesota state lawmaker and her husband and attempting to murder several others.Next, they move to an explainer of an appeals court ruling that temporarily blocked a lower court decision ordering the control of the California National Guard back to the state, while tying in the scuffle during Homeland Security Secretary Kristi Noem’s press conference last week as Senator Alex Padilla was forcibly removed and handcuffed. And rounding out this episode, Andrew and Mary note Trump’s failed attempt to appeal the $5 million judgement in the E Jean Carroll case, and the arguments heard last week on his attempt to remove his NY state hush money case to a federal court.

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Sending in the Military

Mary McCord, Andrew Weissmann — Wed, 11 Jun 2025 00:12:39 +0000

Protests intensified in Los Angeles and around the country after the Trump administration stepped up ICE raids largely targeting immigrants working in service industries. And after Trump deployed the National Guard without any buy-in from the state, California sued. So what now? That’s where Andrew and Mary begin this week, parsing the legality of using the military domestically, and how responsibilities shift when the National Guard is federalized. The rest of this episode is focused on the intertwined news of Judge Boasberg’s sweeping decision to ensure due process for the Venezuelan immigrants deported to El Salvador, with Kilmar Abrego Garcia’s return to the US, as he faces charges of human smuggling in Tennessee.

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Checks and Balances

Mary McCord, Andrew Weissmann — Wed, 4 Jun 2025 00:00:20 +0000

Media coverage over the economic impact of President Trump’s tariffs has been robust,but not a ton of attention has been paid to the actual legality of them. So that's where Andrew and Mary begin, after two court decisions in the last week questioned the merits and where jurisdiction lies. Then they turn to the president's significant use of the pardon power to commute sentences and override convictions of some friends and allies, and what it says about maintaining a belief in blind justice. And after some great reporting from the New York Times, Mary and Adnrew detail some changes happening within Director Kash Patel’s FBI, as bureau leaders are taken down a peg and emphasis on public corruption is dialed back.

Further reading: Here is the New York Times reporting concerning the FBI: Unease at F.B.I. Intensifies as Patel Ousts Top Officials

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“Rule by Whim”

Mary McCord, Andrew Weissmann — Tue, 27 May 2025 23:04:31 +0000

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.

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"Generally" We Follow the Law

Mary McCord, Andrew Weissmann — Tue, 20 May 2025 23:56:46 +0000

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.

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Humpty Dumpty

Mary McCord, Andrew Weissmann — Tue, 13 May 2025 22:42:58 +0000

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.

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Presumption of Irregularity

Mary McCord, Andrew Weissmann — Tue, 6 May 2025 22:46:05 +0000

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.

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100 Days of Trump: Law & Disorder

Mary McCord, Andrew Weissmann, Ari Melber, Melissa Murray — Sat, 3 May 2025 02:16:22 +0000

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.

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100 Days of Hypocrisy

Mary McCord, Andrew Weissmann — Tue, 29 Apr 2025 21:03:12 +0000

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.

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Live from Princeton

Mary McCord, Andrew Weissmann — Tue, 22 Apr 2025 22:10:12 +0000

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.

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Mr. Abrego Garcia

Mary McCord, Andrew Weissmann — Tue, 15 Apr 2025 23:06:22 +0000

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 HERE
Why Is This Happening? With Chris Hayes in the Podcasts - Interview/Talk Show category: VOTE HERE
Into America: Uncounted Millions in the Podcasts - News & Politics category: VOTE HERE

Voting closes this Thursday, April 17th.

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Cruelty Matched with Lawlessness

Andrew Weissmann, Mary McCord — Tue, 8 Apr 2025 22:24:48 +0000

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 bumps

And please vote for your favorite MSNBC podcasts in this year’s Webby Awards:

Prosecuting Donald Trump in the Podcasts - Crime & Justice category: VOTE HERE
Why Is This Happening? With Chris Hayes in the Podcasts - Interview/Talk Show category: VOTE HERE
Into America: Uncounted Millions in the Podcasts - News & Politics category: VOTE HERE

Voting closes April 17th.

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Equally Disturbing

Andrew Weissmann, Mary McCord — Mon, 31 Mar 2025 21:21:53 +0000

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.

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Lawyers, State Secrets, and Signal Chats

Andrew Weissmann, Mary McCord — Tue, 25 Mar 2025 22:57:03 +0000

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 Orders
And here is Andrew’s piece, also from Just Security: The New “Blacklists” Work When Law Firms Stay Silent
And here is the criminal code Andrew and Mary referenced: 18 U.S. Code § 793 - Gathering, transmitting or losing defense information

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Constitutional Showdown

Mary McCord, Andrew Weissmann — Tue, 18 Mar 2025 22:52:03 +0000

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.

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Standing Upright in the Wind

Mary McCord, Andrew Weissmann — Tue, 11 Mar 2025 22:14:31 +0000

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.

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Listen to "Trumpland with Alex Wagner: Hold the Line"

Alex Wagner — Thu, 6 Mar 2025 23:58:11 +0000

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

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We Are Here

Andrew Weissmann, Mary McCord — Wed, 5 Mar 2025 00:03:57 +0000

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 here is a link 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.

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A Shell Game

Andrew Weissmann, Mary McCord — Wed, 26 Feb 2025 00:11:00 +0000

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.

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A Choke Chain

Andrew Weissmann, Mary McCord — Wed, 19 Feb 2025 01:10:58 +0000

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?

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It’s Five O'Clock Somewhere

Andrew Weissmann, Mary McCord — Wed, 12 Feb 2025 00:37:41 +0000

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.

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Listen to “The Blueprint with Jen Psaki”

jen psaki — Mon, 10 Feb 2025 15:53:21 +0000

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.

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“Everything Everywhere All at Once”

Andrew Weissmann, Mary McCord — Wed, 5 Feb 2025 00:16:13 +0000

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 Now

And 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 Us

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Boggles the Mind

Andrew Weissmann, Mary McCord — Tue, 28 Jan 2025 01:32:50 +0000

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 Investigations

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Listen to “Trumpland with Alex Wagner”

Alex Wagner — Fri, 24 Jan 2025 01:36:23 +0000

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.

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Project 2025 in Action

Andrew Weissmann, Mary McCord — Tue, 21 Jan 2025 23:51:16 +0000

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 Judiciary

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Postmortem

Andrew Weissmann, Mary McCord — Wed, 15 Jan 2025 00:01:17 +0000

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.

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Full Audio of Donald Trump's NY Sentencing

Juan Merchan, Donald Trump, Todd Blanche, Joshua Steinglass — Mon, 13 Jan 2025 18:36:37 +0000

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.

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Main Justice

Andrew Weissmann, Mary McCord — Tue, 7 Jan 2025 23:55:44 +0000

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.

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Reflecting on 2024 with Dahlia Lithwick

Dahlia Lithwick, Andrew Weissmann, Mary McCord — Tue, 31 Dec 2024 08:00:00 +0000

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.

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The Pardon Power

Trevor Morrison, Andrew Weissmann, Mary McCord — Tue, 24 Dec 2024 08:00:00 +0000

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.

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One Dismissal Denied

Andrew Weissmann, Mary McCord — Wed, 18 Dec 2024 00:10:25 +0000

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 filings, 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 while serving.

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A Kitchen Sink of Grievance

Mary McCord, Andrew Weissmann — Wed, 11 Dec 2024 00:09:35 +0000

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.

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Attack on the FBI

Mary McCord, Andrew Weissmann — Wed, 4 Dec 2024 01:08:51 +0000

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.

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Strategic Dismissals

Mary McCord, Andrew Weissmann — Wed, 27 Nov 2024 01:41:18 +0000

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.

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Reports and Recess

Mary McCord, Andrew Weissmann — Wed, 20 Nov 2024 00:13:44 +0000

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.

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Aftershocks

Mary McCord, Andrew Weissmann — Tue, 12 Nov 2024 22:57:32 +0000

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.

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Not Prosecuting Donald Trump

Mary McCord, Andrew Weissmann — Fri, 8 Nov 2024 23:03:45 +0000

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.

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Voting Matters

Andrew Weissmann, Mary McCord — Mon, 4 Nov 2024 23:55:13 +0000

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.

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Election Stakes

Andrew Weissmann, Mary McCord — Mon, 28 Oct 2024 22:45:28 +0000

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” Scheme

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Brady and a Bunch More

Mary McCord, Andrew Weissmann — Tue, 22 Oct 2024 21:56:22 +0000

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.

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Stays and Delays

Mary McCord, Andrew Weissmann — Tue, 15 Oct 2024 22:48:39 +0000

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.

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Listen to “Kamala: Next in Line”

MS NOW — Wed, 9 Oct 2024 07:00:00 +0000

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!

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Office Seeker vs. Office Holder

Mary McCord, Andrew Weissmann — Tue, 8 Oct 2024 21:32:54 +0000

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.

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Redactions and Reactions

Mary McCord, Andrew Weissmann — Tue, 1 Oct 2024 22:59:50 +0000

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.

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Ms. McCord Goes to Washington

Mary McCord, Andrew Weissmann — Wed, 25 Sep 2024 22:42:19 +0000

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 Enemies

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Election Security Matters

Mary McCord, Andrew Weissmann, Adav Noti — Wed, 18 Sep 2024 00:12:26 +0000

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.

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MSNBC Live: Democracy 2024

Wed, 11 Sep 2024 16:00:00 +0000

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 0:01:30-0:31:23

Chris Hayes & Kate Shaw 0:31:36-0:51:20

Andrew Weissmann & Ari Melber 0:51:25-1:12:53

Rachel Maddow & Lawrence O’Donnell 1:13:13-1:45:45

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A Tale of Two Courtrooms

Andrew Weissmann, Mary McCord — Tue, 10 Sep 2024 21:30:39 +0000

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.

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The Disjointed Joint Status Report

Andrew Weissmann, Mary McCord — Tue, 3 Sep 2024 22:15:32 +0000

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.

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The DC Superseder

Andrew Weissmann, Mary McCord — Wed, 28 Aug 2024 17:04:03 +0000

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.

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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.

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Now Playing in the 11th Circuit

Andrew Weissmann, Mary McCord — Tue, 27 Aug 2024 22:55:41 +0000

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.

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Was J6 a Precursor?

Mary McCord, Andrew Weissmann, Joshua Kaplan — Tue, 20 Aug 2024 22:42:29 +0000

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.

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Four Ring Circus

Mary McCord, Andrew Weissmann — Tue, 13 Aug 2024 22:19:14 +0000

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.

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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

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The Ball is Back in Chutkan’s Court

Andrew Weissmann, Mary McCord — Tue, 6 Aug 2024 21:46:15 +0000

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.

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The Floodgates are Open

Mary McCord, Andrew Weissmann — Tue, 30 Jul 2024 21:33:41 +0000

What aspects of a president’s conduct are considered ‘official acts’? This is a live issue in several of Donald Trump’s criminal cases. Veteran prosecutors Andrew Weissmann and Mary McCord detail Manhattan DA Alvin Bragg’s response brief to Donald Trump’s argument that the immunity ruling should impact his New York verdict. Then, they remind us of Mark Meadows’ indictment in Georgia as part of the RICO conspiracy case. Citing the immunity decision, Meadows has now petitioned the Supreme Court to review the previous 11th Circuit denial to move his case from state to federal court. And lastly, after the High Court’s immunity decision, the DC January 6th case heads back to Judge Tanya Chutkan's courtroom later this week, where briefing will begin to sort through what is considered official, versus personal conduct.

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Live from Highlands, NC: Back to Manhattan

Mary McCord, Andrew Weissmann, Martha Pearson — Tue, 23 Jul 2024 21:41:43 +0000

On Monday, July 22nd, MSNBC legal analysts Andrew Weissmann and Mary McCord spoke at a live event at the Center for Life Enrichment in Highlands, North Carolina. They touched on President Biden’s historic decision to exit the race, and the legal ramifications it could hold for Trump’s continuing criminal cases. Mary and Andrew also address the question of whether a president can pardon himself, and to what extent. And they detail the reasoning laid out in Trump’s motion to vacate his New York conviction based on the Supreme Court’s decision on presidential immunity, and if any of the arguments hold water.

Note: Listeners can send questions to: ProsecutingTrumpQuestions@nbcuni.com

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An Unsettling Few Days

Mary McCord, Andrew Weissmann — Tue, 16 Jul 2024 17:00:28 +0000

After a traumatic weekend for the nation, MSNBC legal analysts Andrew Weissmann and Mary McCord use their law enforcement expertise to take stock of the alarming assassination attempt of former President Trump. Then, they turn to Monday’s stunning dismissal of Trump’s classified documents case, after Judge Aileen Cannon took a page from Justice Clarence Thomas’ concurrence to view Jack Smith’s appointment as illegal. Andrew and Mary explain what options are available to the Special Counsel in appealing the dismissal.

Further reading: Here is are the U.S. Codes Mary and Andrew referred to:

18 U.S.C. 351- Congressional, Cabinet, and Supreme Court assassination, kidnapping, and assault; penalties
18 U.S.C. 2331 (5) - definition of ‘domestic terrorism’

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Immunity Fallout

Mary McCord, Andrew Weissmann — Tue, 9 Jul 2024 21:45:49 +0000

As last week’s historic Supreme Court decision on presidential immunity continues to be absorbed in the public sphere, the majority’s expansive view of what is considered exempt from prosecution comes into stark relief. Given their unique perspectives, veteran prosecutors Andrew Weissmann and Mary McCord explore the knock-on effects the ruling will have on Donald Trump’s ongoing cases in Florida, New York and D.C.

Note: Listeners can send questions to: ProsecutingTrumpQuestions@nbcuni.com

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‘Textual Backflips’

Mary McCord, Andrew Weissmann, Ryan Goodman — Tue, 2 Jul 2024 19:09:20 +0000

As the fallout from the momentous Supreme Court decision on presidential immunity continues to reverberate, MSNBC legal analysts Andrew Weissmann and Mary McCord offer some updates, then turn to another significant ruling from the High Court out on Friday: Fisher v. U.S. At issue was whether the charge of obstruction of an official proceeding could be applied to Capitol rioters in the wake of their actions on January 6th. Despite the ruling in favor of the defendant, their guest Ryan Goodman of Just Security confirms the limited impact this decision will have on those charged for their role in the chaos of January 6th, and on Donald Trump’s election interference case in D.C.

Further reading: Here is the analysis Ryan, Mary and Andrew wrote regarding the Fischer decision for Just Security: The Limited Effects of Fischer: DOJ Data Reveals Supreme Court’s Narrowing of Jan. 6th Obstruction Charges Will Have Minimal Impact.

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The Immunity Decision

Andrew Weissmann, Mary McCord, Trevor Morrison — Tue, 2 Jul 2024 00:29:53 +0000

The consequential question before the Supreme Court on the limit and scope of presidential immunity has been decided, in three essential buckets. Veteran prosecutors Andrew Weissmann and Mary McCord decipher the ramifications for the former president, for the January 6th case brought by Special Counsel Jack Smith, and for the broad constitutional authority of the presidency itself. And they are joined by Trevor Morrison, NYU law professor and Dean Emeritus, to discern the finer points of the decision and the warnings cast in dissents by both Justice Sotomayor and Justice Jackson.

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‘A Dessert Topping and a Floor Wax’

Mary McCord, Andrew Weissmann — Tue, 25 Jun 2024 21:38:01 +0000

There has been a slew of hearings before Judge Aileen Cannon in the Florida documents case over the past few days, and veteran prosecutors Andrew Weissmann and Mary McCord examine why some of these seem like unnecessary delays. Then, why Manhattan D.A. Alvin Bragg is asking for the limited gag order to continue in New York as Donald Trump awaits sentencing. And lastly, Mary and Andrew game out some scenarios as we hurry up and wait for the Supreme Court to decide on presidential immunity.

Also, an exciting announcement! On Saturday, September 7th, MSNBC will be hosting a live event in Brooklyn called “MSNBC Live: Democracy 2024”. It will be your chance to hear thought-provoking conversations about the most pressing issues of our time, and to do so in person with some of your favorite MSNBC hosts. You can also take part in a sit-down dinner for an insider’s view of the upcoming election. Visit https://www.msnbc.com/DEMOCRACY2024 to learn more.

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Trigger Avenue

Mary McCord, Andrew Weissmann — Tue, 18 Jun 2024 22:03:37 +0000

This week, MSNBC legal analysts Andrew Weissmann and Mary McCord dive deep into several pending motions, including Jack Smith’s pre-trial motion to modify Trump's conditions of release in the Florida documents case, which would effectively impose a gag order, just under a different legal principle. Plus: Trump’s push to end the post-trial gag order in New York. And what's at issue in the suppression motion also filed in Florida that Judge Cannon will hear next Tuesday. Last up: a preview of Fischer v. United States, a pending Supreme Court case that could have a trickle-down effect on Trump’s DC case.

Note: Listeners can send questions to: ProsecutingTrumpQuestions@nbcuni.com

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Post-Trial and Pre-Trial

Mary McCord, Andrew Weissmann — Tue, 11 Jun 2024 21:45:01 +0000

Former President Trump awaits his sentencing in New York, but he wants the gag order lifted in the meantime. Is that typical? Veteran prosecutors Andrew Weissmann and Mary McCord break down that motion, and the mechanics of sentencing in the lead up to July 11th. They also highlight Attorney General Merrick Garland’s recent op-ed calling for an end to escalated assaults on our judicial system in the wake of Trump’s verdict in Manhattan. Last up, Andrew and Mary scrutinize Judge Cannon’s schedule revisions for several motions in Florida documents case, and analyze the significance of Georgia racketeering case being stayed pending appeal.

Further reading: Here is Attorney General Merrick Garland’s OpEd in the Washington Post that Andrew and Mary spoke about: Opinion- Merrick Garland: Unfounded attacks on the Justice Department must end

Note: Listeners can send questions to: ProsecutingTrumpQuestions@nbcuni.com

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The Disinformation Campaign

Mary McCord, Andrew Weissmann — Tue, 4 Jun 2024 21:31:40 +0000

It’s been less than a week since the jury reached a verdict in Donald Trump’s criminal trial and the political spin on the result is dizzying. MSNBC legal analysts Andrew Weissmann and Mary McCord seek to debunk several claims entered into the public discourse, especially around the Department of Justice being involved in a state case and that the trial was somehow ‘rigged’. They also address some breaking news out of Wisconsin, where Kenneth Chesebro, Jim Troupis and Michael Roman were criminally charged in that state's fake elector scheme. Then, Andrew and Mary review the latest in Florida after Special Counsel Jack Smith refiled his motion to bar Trump from making statements that endanger law enforcement.

Note: Listeners can send questions to: ProsecutingTrumpQuestions@nbcuni.com

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BONUS: Witness to History

Mon, 3 Jun 2024 02:00:00 +0000

In a new special, Andrew Weissmann, Rachel Maddow and our team give an intimate and personal look inside the Trump courtroom. They tell some never-before-heard stories about what it was like to witness, firsthand, some of the most explosive moments of the trial. In addition to Rachel and Andrew, you'll hear from Joy Reid, Lawrence O’Donnell, Chris Hayes, Katie Phang, Lisa Rubin, Yasmin Vossoughian, and Laura Jarrett. Together, they share what it was like to witness history from the Manhattan Criminal Courthouse.

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“We Have a Verdict”

Andrew Weissmann, Mary McCord — Fri, 31 May 2024 19:48:16 +0000

Donald J. Trump, the former president and presumptive 2024 Republican nominee, was found guilty on 34 felony counts of falsifying business records. Veteran prosecutors Andrew Weissmann and Mary McCord reflect on the gravity of the verdict and offer insights into what comes next in terms of sentencing and the appeals process.

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In Closing

Mary McCord, Andrew Weissmann — Wed, 29 May 2024 21:25:11 +0000

It’s a historic moment, as the country awaits the jury’s verdict in the first ever criminal trial of a former president. To assess the gravity of what each side needed to convey in summations, MSNBC legal analysts Andrew Weissmann and Mary McCord scrutinize the approach to closing arguments by both the defense and the prosecution. Then, they turn to the latest from the Florida documents case, where Judge Cannon and Special Counsel Jack Smith are at odds. The issue: Donald Trump’s ‘lies’ posted and amplified, concerning the search warrants executed on his Mar-a-Lago estate in 2022.

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"The E-mail Speaks for Itself"

Mary McCord, Andrew Weissmann — Fri, 24 May 2024 20:16:29 +0000

Ahead of Tuesday’s closing arguments in the first ever criminal trial of a former president, MSNBC legal analysts Andrew Weissmann and Mary McCord detail Tuesday’s crushing cross examination of Robert Costello by Susan Hoffinger, and what it means for the defense’s attempt to undermine Michael Cohen’s credibility. Then, what listeners should infer from the charging conference- as this determines what the jury can deliberate on. And big picture: what each side needs to accomplish in their respective closing arguments.

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130,000 Reasons

Andrew Weissmann, Mary McCord — Tue, 21 May 2024 21:06:15 +0000

Donald Trump’s defense team rested on Tuesday without calling the former President to the stand. But some crucial points were made before the conclusion of Michael Cohen’s cross examination that veteran prosecutors Andrew Weissmann and Mary McCord explain in depth. They also weigh in on some courtroom tactics that worked and others that didn’t go over well from both the prosecution and the defense. Plus, Andrew and Mary detail some of the gambits used by defense witness Robert Costello that were admonished by Judge Merchan.

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How do you Solve a Problem like Michael Cohen?

Mary McCord, Andrew Weissmann — Fri, 17 May 2024 21:02:43 +0000

A recurring theme in Michael Cohen’s testimony this week was his evolving moral compass. Analyzing the last day of direct examination, veteran prosecutors Andrew Weissmann and Mary McCord draw out some distinctions to be mindful of, and what the intense cross examination from defense attorney Todd Blanche was alluding to. In their estimation, the state will need to address Cohen’s inconsistencies in redirect and closing arguments. Lastly, Andrew and Mary sum up what to expect next week as the trial likely moves to summations.

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'For the Benefit of Mr. Trump'

Andrew Weissmann, Mary McCord — Wed, 15 May 2024 00:11:48 +0000

With Michael Cohen testifying in the New York criminal trial this week, MSNBC legal analysts Andrew Weissmann and Mary McCord take stock of the style and the substance of the assertions made by Trump’s former lawyer and ‘fixer’. Andrew was in the courtroom for the first day of Michael Cohen’s testimony and shares some first-person impressions as the prosecution continues to lay out the case. And he and Mary answer some listener questions on absent witnesses and the Speedy Trial Act.

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It's Not About Sex

Mary McCord, Andrew Weissmann — Fri, 10 May 2024 22:54:24 +0000

We head into the “eye of the storm” as MSNBC legal analysts Andrew Weissmann and Mary McCord explore the nature of Stormy Daniel’s testimony in depth, and why her credibility is less at issue than that of others who facilitated the hush payments to her. Then, they turn their prosecutorial expertise to understanding why the defense’s mistrial motion was denied by Judge Merchan. And lastly, Andrew and Mary detail what to glean from Judge Cannon’s indefinite postponement of the classified documents trial in Florida.

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Exhibits 35 and 36

Andrew Weissmann, Mary McCord — Tue, 7 May 2024 23:19:32 +0000

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.

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Color From the Courtroom

Andrew Weissmann, Mary McCord — Sat, 4 May 2024 03:37:32 +0000

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.

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It’s Only Tuesday

Tue, 30 Apr 2024 22:09:29 +0000

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.

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The Presidency Before the Supreme Court

Mary McCord, Andrew Weissmann — Fri, 26 Apr 2024 21:26:37 +0000

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.

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Live Coverage: Supreme Court Hears Trump’s Immunity Claim

Thu, 25 Apr 2024 19:13:09 +0000

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.

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Opening Statements

Andrew Weissmann, Mary McCord — Tue, 23 Apr 2024 22:35:45 +0000

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 Immunity

And 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.

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The Jury Is Seated, with Readings from Robert De Niro and Glenn Close

Mary McCord, Andrew Weissmann, Robert DeNiro, Glenn Close — Fri, 19 Apr 2024 19:48:02 +0000

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.

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In a Manhattan Courtroom

Mary McCord, Andrew Weissmann, Robert DeNiro — Tue, 16 Apr 2024 22:54:32 +0000

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.

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Live Coverage: New York v. Donald Trump

Tue, 16 Apr 2024 01:40:26 +0000

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.

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BONUS: The Stakes of Immigration with Aaron Reichlin-Melnick

MS NOW — Tue, 9 Apr 2024 16:00:00 +0000

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

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History in the Making

Andrew Weissmann, Mary McCord — Tue, 9 Apr 2024 09:00:00 +0000

Donald Trump is on the precipice of his New York criminal trial, a historical first for a former president. Veteran prosecutors Andrew Weissmann and Mary McCord give a primer on the who, what, when, where and why of Manhattan District Attorney Alvin Bragg’s case, as both sides prep for jury selection. Then they head to Florida, where tensions are elevated between Special Counsel Jack Smith and Judge Aileen Cannon over jury instructions and Judge Cannon’s handling of that case.

For further reading, as Andrew and Mary mentioned in this episode, here are United States District Judge Royce Lamberth’s Notes for Sentencing for a defendant named Taylor James Johnatakis. Johnatakis was sentenced to 87 months for his role in the January 6th attack on the Capitol.

Also, a reminder that Prosecuting Donald Trump and Into America have been nominated for Webby Awards! And MSNBC needs your help to win. Check out vote.webbyawards.com to vote for both shows.

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The Fair Administration of Justice

Andrew Weissmann, Mary McCord — Tue, 2 Apr 2024 23:09:02 +0000

With the New York trial looming, veteran prosecutors Andrew Weissmann and Mary McCord set the table for what to expect: anticipating more delay tactics from Trump’s legal team, and the importance of Judge Merchan’s gag order reinforcement and clarification. They also look at several bar hearings held to decide whether John Eastman and Jeffrey Clark, among others, should lose their law licenses after their efforts to subvert the 2020 election results.

For further reading, here is the Just Security article Andrew referenced in this episode: Trump’s Promise to Free Jan. 6 Inmates in DC Jail — Almost All of Them Assaulted Law Enforcement Officers.

Also, some exciting news! Prosecuting Donald Trump and Into America have been nominated for Webby Awards! And MSNBC needs your help to win. Check out vote.webbyawards.com to vote for both shows.

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Ups and Downs in New York

Andrew Weissmann, Mary McCord — Tue, 26 Mar 2024 22:14:24 +0000

Former President Trump was back in a New York courtroom on Monday, as Judge Merchan set a mid-April trial date for the hush money case against him brought by Manhattan District Attorney Alvin Bragg. Veteran prosecutors Andrew Weissmann and Mary McCord set expectations as the countdown to jury selection begins. Then, they turn to the appeals court decision, where Trump’s bond payment was reduced to $175 million in the New York civil fraud case. Lastly, Andrew and Mary survey what to keep an eye on at the Supreme Court when it comes to his appeal on presidential immunity.

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The Trump Indictments, read by Peter Coyote and Renée Elise Goldsberry

Andrew Weissmann, Melissa Murray, Peter Coyote, Renée Elise Goldsberry — Fri, 22 Mar 2024 09:00:00 +0000

Veteran federal prosecutor Andrew Weissmann welcomes back his colleague and co-author Melissa Murray for the second in this special two-part series of Prosecuting Donald Trump. Their book: The Trump Indictments: The Historic Charging Documents with Commentary, collects the four unprecedented indictments against Donald Trump and features extensive commentary from the co-authors.

Andrew and Melissa share some takeaways from the Florida classified documents case brought by Special Counsel Jack Smith and the Georgia election interference case brought by Fulton County District Attorney Fani Willis. Both are criminal indictments facing the former president.

This episode also features excerpts from these two indictments, read by renowned actors Peter Coyote and Renée Elise Goldsberry.

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The Trump Indictments, read by Glenn Close and Liam Neeson

Andrew Weissmann, Melissa Murray, Glenn Close, Liam Neeson — Thu, 21 Mar 2024 09:00:00 +0000

Veteran federal prosecutor Andrew Weissmann welcomes his colleague and co-author Melissa Murray for a special two-part episode of Prosecuting Donald Trump. Their new book: The Trump Indictments: The Historic Charging Documents with Commentary, collects the four unprecedented indictments against Donald Trump and features extensive footnotes, commentary and a cast of characters from the co-authors.

In this first episode, Andrew and Melissa listen to audio of the indictments as recorded by acclaimed actors Glenn Close and Liam Neeson. Andrew and Melissa share insights from two of the four criminal indictments facing the former president: the DC election interference case brought by Special Counsel Jack Smith, and the New York case against Donald Trump, brought by Manhattan District Attorney Alvin Bragg.

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Two Steps Forward, One Step Back

Mary McCord, Andrew Weissmann — Wed, 20 Mar 2024 00:23:51 +0000

Delays persist in several of the cases against former president Trump, including in the New York case that was set to begin next week. MSNBC legal analysts Andrew Weissmann and Mary McCord detail what led to the delay in receiving documents from the U.S. Attorney in Manhattan. They also review Judge Cannon’s decision on Trump’s motion to dismiss the Florida documents case based on ‘vagueness’ in the Espionage Act. Then, Andrew and Mary turn to the Georgia ruling that led to the resignation of lead prosecutor Nathan Wade. Plus, Monday's news that the former president can’t find an insurance company to underwrite his $464 Million bond for the judgement in his NY civil fraud case.

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Live Coverage: The Trump Indictments

MS NOW — Sat, 16 Mar 2024 03:39:52 +0000

Tonight on MSNBC’s one hour special on “The Trump Indictments:” MSNBC Legal Analysts Andrew Weissmann and Melissa Murray cover the latest developments in Donald Trump's criminal cases and reflect on whether the American justice system has so far proven it can meet the challenge of Donald Trump’s attempts to destroy democracy. Also, Rep. Jaime Raskin explains the anti-democratic tactics Trump and Republicans are using to influence the 2024 election. Plus, MSNBC’s Chris Hayes weighs in on the media's role in the event that the voters get to render a verdict on Donald Trump before a jury does. Also joining the conversation: Melissa Redmon, Amy Lee Copeland, Leah Litman and Kate Shaw.

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Immunity Take Two... and Three

Mary McCord, Andrew Weissmann — Tue, 12 Mar 2024 23:01:27 +0000

In a last-ditch effort to delay, delay, delay- Donald Trump’s legal team submitted a motion on Monday to pause the New York trial on election interference (a.k.a. the ‘hush money’ case) until the Supreme Court decides on immunity. MSNBC legal analysts Andrew Weissmann and Mary McCord break that down, and how it differs from the motion to dismiss the Florida classified documents case. Then, they highlight the $91 million bond posted by the former president in the E. Jean Carroll case, as he appeals that decision. And a look behind the curtain as Special Counsel Robert Hur testifies before the House Judiciary Committee about his report on Biden’s handling of classified documents. Lastly, on the radar: an Arizona grand jury issues subpoenas in that states’ fake elector scheme.

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Troupis, Chesebro & Trump

Mary McCord, Andrew Weissmann — Wed, 6 Mar 2024 00:18:07 +0000

After the settlement in Wisconsin over the fraudulent electors scheme, veteran prosecutors Andrew Weissmann and Mary McCord analyze the importance of what came to light as a result of the litigation against James Troupis, Kenneth Chesebro and 10 ‘alternate’ electors. Mary was part of the team arguing the case and gives expansive context to the ongoing efforts to overturn the 2020 election. They then turn to the Supreme Court’s decision on the Colorado ballot issue, and why, despite a unanimous vote, there may be dissension in the ranks. And they wrap up with a look at the timing of the Florida documents case and Trump’s former CFO Allen Weisselberg’s guilty plea on federal perjury charges.

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Justice Delayed

Andrew Weissmann, Mary McCord — Thu, 29 Feb 2024 21:46:26 +0000

The Supreme Court of the United States announced Wednesday that they'll take up former President Donald Trump’s claims for immunity, throwing yet another delay into Trump’s DC trial. Veteran prosecutors Mary McCord and Andrew Weissmann explain the High Court’s order, what options the justices have, and what Special Counsel Jack Smith can do to get to trial before the election.

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A Flurry of Motions

Andrew Weissmann, Mary McCord — Wed, 28 Feb 2024 00:13:47 +0000

The nation continues to watch for a decision from the Supreme Court on both the Colorado ballot issue and Trump’s presidential immunity claim. In the meantime, MSNBC legal analysts Andrew Weissmann and Mary McCord detail the flurry of motions filed by Trump’s lawyers in the Florida classified documents case in an effort to have the case thrown out. This, as Manhattan District Attorney Alvin Bragg filed his own motions, including asking for a partial gag to keep the former president from talking about witnesses, potential jurors and court staff. Plus: Andrew and Mary catch up on dual decisions from Judge Engoron and Judge Kaplan denying Trump a stay of judgement in his civil trials, meaning he’s got 30 days to pay, or the plaintiffs can start seizing assets.

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Half a Billion and Counting

Mary McCord, Andrew Weissmann — Wed, 21 Feb 2024 00:26:24 +0000

Court watchers are closely monitoring two decisions from the Supreme Court: a ruling on Trump’s motion to stay the decision on immunity from the DC Circuit and whether the former president is disqualified from appearing on Colorado primary ballot. MSNBC legal analysts Andrew Weissmann and Mary McCord detail what to watch for there, and review Judge Engoron’s nearly $450 million decision in the civil fraud case. Plus: takeaways from the testimony of Fani Willis and Nathan Wade late last week.

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BONUS: Alex Wagner Tonight with Rachel Maddow and Lawrence O'Donnell

Alex Wagner, Rachel Maddow, Lawrence O'Donnell — Sat, 17 Feb 2024 04:00:33 +0000

Judge Arthur Engoron has fined Donald Trump more than $350 million in damages in the former president's civil fraud case. Trump is also barred him from running businesses in New York for three years. Trump said on Friday that he would appeal the decision. Rachel Maddow and Lawrence O'Donnell join for a special episode of Alex Wagner Tonight to discuss the ruling. For more coverage, visit msnbc.com.

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Last Call for Immunity

Andrew Weissmann, Mary McCord — Tue, 13 Feb 2024 23:52:09 +0000

In a last-ditch effort for total immunity, former President Donald Trump asked the Supreme Court to pause proceedings in the DC election subversion case while the high court decides whether to take up his appeal. MSNBC legal analysts Andrew Weissmann and Mary McCord discuss the merits of Trump’s arguments and how the court may proceed. They also weigh in on the latest out of Judge Cannon’s Florida courtroom, as a flurry of activity is happening in the classified documents case.

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A Momentous Day

Andrew Weissmann, Mary McCord — Fri, 9 Feb 2024 23:39:36 +0000

Veteran prosecutors Andrew Weissmann and Mary McCord gather for an additional episode this week to share their insights and takeaways from Thursday’s oral arguments before the Supreme Court. At issue: whether former President Trump can be barred from Colorado’s Republican primary ballot due to the 14th Amendment’s insurrection clause. Then, a review of Special Counsel Robert Hur’s report on the classified documents found in President Biden’s possession, and why, despite no charges filed against him, the report may be damaging.

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BONUS: SCOTUS Hears Colorado Ballot Issue

MS NOW — Thu, 8 Feb 2024 18:32:56 +0000

The Supreme Court heard arguments today in the unprecedented case that could threaten former President Donald Trump’s eligibility to appear on the primary ballot in Colorado. Listen to the full hearing here.

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Citizen Trump

Andrew Weissmann, Mary McCord — Wed, 7 Feb 2024 01:35:37 +0000

On Tuesday, the US Appeals Court for the DC Circuit unanimously ruled that former President Trump is not immune from prosecution as it relates to his actions after the 2020 election. MSNBC legal analysts Andrew Weissmann and Mary McCord detail what the decision means and what happens next. This, as we await Thursday's oral arguments before the Supreme Court to decide if Trump can be kept off Colorado’s primary ballot due to the 14th amendment’s insurrection clause. Also on tap: movement in the Florida classified documents case, Fani Willis and Nathan Wade respond in Georgia and Allen Weisselberg considers a plea deal.

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Facts Still Matter

Andrew Weissmann, Mary McCord — Tue, 30 Jan 2024 23:19:56 +0000

The clock is ticking as the country awaits some significant legal decisions in the coming days and weeks: when will Special Counsel Hur release his long-awaited report on President Biden’s handling of classified documents? How will Judge Engoron rule in the New York civil fraud case? And what will the DC Circuit decide when it comes to presidential immunity? MSNBC legal analysts Andrew Weissmann and Mary McCord review these questions and what to glean from the E. Jean Carroll verdict and the damages awarded. Plus: a veteran federal judge issues a sharp rebuke of those who are trying to re-write the history of the January 6th attacks.

Note: this episode contains a graphic description of sexual assault.

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The Truman Precedent

Andrew Weissmann, Mary McCord — Tue, 23 Jan 2024 22:58:23 +0000

The second defamation trial brought by writer E. Jean Carroll began last week and brought with it outbursts inside and outside the courtroom from the former president. MSNBC legal analyst Andrew Weissmann was in the courtroom last Thursday. He and co-host, veteran prosecutor Mary McCord, break down this case and what they’re watching for as they await a decision on the presidential immunity claim from the DC Circuit. Also on deck: Andrew and Mary’s take on Trump’s rhetoric that President Truman needed total immunity from prosecution to use the A-bomb, and so does he.

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Lies in the Courtroom

Andrew Weissmann, Mary McCord — Wed, 17 Jan 2024 00:17:00 +0000

The second defamation trial brought by writer E. Jean Carroll began today just hours after Trump won big in the Iowa Caucuses. All this happening days after Trump lashed out at the judge during closing arguments in the New York civil fraud case. MSNBC legal analysts Andrew Weissmann and Mary McCord break down the latest developments and what they’re watching for as they await a decision on the presidential immunity claim from the DC Circuit.

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If the President Does It...

Andrew Weissmann, Mary McCord — Wed, 10 Jan 2024 03:04:36 +0000

Today, the DC Circuit heard oral arguments from Trump’s lawyers and Special Counsel Jack Smith’s team over a crucial question: does presidential immunity protect Trump from prosecution for anything he did or actions he took while in office? Veteran prosecutors Andrew Weissmann and Mary McCord review the arguments and the pushback from the three-judge panel. Plus, a look at the Supreme Court deciding to hear the Colorado ballot issue, and what else is on Andrew and Mary’s prosecutorial radar.

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BONUS: The Full Presidential Immunity Hearing

MS NOW — Tue, 9 Jan 2024 19:28:30 +0000

Former President Donald Trump appeared in federal court Tuesday morning as his lawyers argued that he is immune from prosecution on charges to overturn the 2020 election. Listen to the full hearing here.

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The Supreme Court Takes Center Stage

Mary McCord, Andrew Weissmann — Tue, 2 Jan 2024 23:16:51 +0000

In late December, the Supreme Court declined Special Counsel Jack’s Smiths request to hear whether Trump is immune from prosecution in the 2020 election subversion criminal case – at least, for now. Meanwhile, several states are reviewing Trump’s ballot eligibility under Section 3 of the 14th Amendment. MSNBC legal analysts Andrew Weissmann and Mary McCord dig into the latest updates in their first episode of 2024.

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You've Got Mailbag

Andrew Weissmann, Mary McCord — Mon, 25 Dec 2023 10:00:00 +0000

At the end of every episode of Prosecuting Donald Trump, we ask you to submit your questions and today, we finally have a chance to answer some of them. As we’re all reflecting on the year ahead, Andrew Weissmann and Mary McCord answer your questions about 2023’s legal landscape and what’s to come in 2024.

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Disqualified in Colorado

Andrew Weissmann, Mary McCord — Wed, 20 Dec 2023 22:43:33 +0000

For the first time in history, the 14th Amendment has been used to disqualify a presidential candidate from running for office. In this special breaking news episode, MSNBC legal analysts Andrew Weissmann and Mary McCord react to the Colorado Supreme Court’s decision to disqualify former president Donald Trump from the state’s 2024 presidential ballot under the Constitution's insurrection clause. Andrew and Mary discuss what the court’s decision means and the potential fallout. Note: Trump’s legal team intends to appeal the decision.

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$148 million

Andrew Weissmann, Mary McCord, Michael Gottlieb — Tue, 19 Dec 2023 00:03:32 +0000

A federal jury in Georgia ordered Rudy Giuliani to pay $148 million in damages to two election workers who sued him for defamation. Can ‘America’s Mayor’ survive a penalty of that size? Michael Gottlieb, the lawyer representing the election workers, joins MSNBC legal analysts Andrew Weissmann and Mary McCord to break down the jury’s decision. Plus, Andrew and Mary discuss former president Trump’s immunity appeal in the DC case, including why the federal judge overseeing the case agreed to pause all proceedings.

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DC Drama

Mary McCord, Andrew Weissmann — Tue, 12 Dec 2023 02:19:20 +0000

Former president Donald Trump renewed his efforts to delay the DC election subversion case by asking for a halt in all proceedings while his appeal on presidential immunity moves through the courts. Meanwhile, Special Counsel Jack Smith is pushing to keep the trial on schedule by bringing the issue before the Supreme Court. MSNBC legal analysts Andrew Weissmann and Mary McCord break down Smith’s strategy and what this could mean for the former president’s other criminal cases. Plus, they discuss news out of Wisconsin where ten fake Donald Trump electors settled a civil lawsuit admitting their actions were part of an effort to overturn the 2020 election.

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Immunity Denied

Andrew Weissmann, Mary McCord — Mon, 4 Dec 2023 23:35:34 +0000

In what could be his most consequential legal defeat yet, a federal judge rejects Donald Trump’s claims of presidential immunity in his 2020 election case. MSNBC legal analysts Andrew Weissmann and Mary McCord break down what this – and a similar ruling in a parallel civil case --could mean for the ex-president. Plus, they'll talk GA where Trump’s lawyers say he shouldn’t be tried until 2029 if he wins next year’s election.

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Trump's Thanksgiving Threats

Andrew Weissmann, Mary McCord — Tue, 28 Nov 2023 00:18:40 +0000

Donald Trump’s Thanksgiving threats take center stage as judges in NY and DC decide whether to reinstate his two gag orders. Plus, we’ll dig deeper into Trump’s charade of victimhood as he tries to get his federal election case in DC dismissed. All this, as Andrew and Mary celebrate 50 episodes of the pod!

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Foreseeable Consequences

Mary McCord, Andrew Weissmann — Tue, 21 Nov 2023 19:05:29 +0000

Donald Trump’s team and the U.S. government squared off in a DC appeals court over his latest attempt to undo a gag order issued against him in his federal election subversion case. MSNBC legal analysts Andrew Weissmann and Mary McCord break down Trump’s claims and which way they think the three-judge panel is leaning. Plus, a judgein Colorado denies a motion to keep Trump off the ballot there in 2024 – but why some say the ruling is still a bad one for the former president.

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Trump’s D.C. Gag Order Hearing

MS NOW — Mon, 20 Nov 2023 21:46:27 +0000

For nearly 2 ½ hours a three-judge panel grilled Donald Trump’s team and the U.S. government over whether a gag order imposed on the former president in his federal election subversion case unfairly limits his speech. Listen to the entire thing here.

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Cannon, Cameras and Accountants

Andrew Weissmann, Mary McCord — Mon, 13 Nov 2023 23:29:00 +0000

Donald Trump Jr was back on the witness stand on Monday testifying as the defense’s first witness in the New York civil fraud trial. Meanwhile, Trump’s trial in the Florida classified documents case remains on schedule for now, but with a caveat his team claims as a victory. And a group of media outlets is pushing for cameras in the courtroom in the DC trial. (Note: separate from that motion, NBCUniversal has submitted its own independent motion to broadcast the trial.) MSNBC legal analysts Andrew Weissmann and Mary McCord tell you what you need to know.

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Trump's Tumultuous Testimony

Mary McCord, Andrew Weissmann — Tue, 7 Nov 2023 22:41:44 +0000

Donald Trump took the witness stand Monday in the biggest moment of his civil and criminal trials thus far. MSNBC legal analysts Andrew Weissmann and Mary McCord dig into some of his big admissions and how badly he may have hurt himself. Plus, we’ll get into the former president’s latest efforts to delay his federal trials and the new criticism facing Judge Aileen Cannon in the FL documents case.

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BONUS: How to West Win

Andrew Weissmann, Jennifer Palmieri, Bradley Whitford — Fri, 3 Nov 2023 04:57:55 +0000

In a special episode of How to Win 2024, Andrew Weissmann joins Jennifer Palmieri and the West Wing’s Bradley Whitford to break down what Donald Trump’s hellish legal week could mean for the presidential race. Jen and Bradley also dive into the week’s 2024 winners and losers – including how a surprise primary challenge against President Biden could play out.

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Of Presidents & Kings

Andrew Weissmann, Mary McCord, Trevor Morrison — Mon, 30 Oct 2023 23:52:19 +0000

A hugely consequential week ahead for Donald Trump as a trial in CO begins to determine if he’s eligible to be president again after Jan. 6th. Plus, he and his 3 oldest kids get set to testify over the next week in the NY fraud trial that threatens their business empire. Plus, the former dean of NYU Law School, Trevor Morrison, joins Andrew & Mary for an in-depth look at Trump’s attempt to dismiss the DC election interference case against him over claims of presidential immunity.

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Domino Effect

Mary McCord, Andrew Weissmann — Wed, 25 Oct 2023 19:56:20 +0000

In this emergency episode, MSNBC legal analysts Andrew Weissmann and Mary McCord dig into the explosive development that Mark Meadows was reportedly granted an immunity deal in the federal election case – and what it could mean for Donald Trump. Plus, another ex-Trump lawyer pleads guilty in GA and pledges her full cooperation -- on the same day Michael Cohen lobs bombshell after bombshell from the witness stand in Trump’s NY civil fraud trial.

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Trump’s New Legal Peril

Andrew Weissmann, Mary McCord — Mon, 23 Oct 2023 22:32:34 +0000

Donald Trump raising some eyebrows after claiming Sidney Powell was never his attorney. MSNBC legal analysts Andrew Weissmann and Mary McCord dig into what that could mean for his defense. Plus, Trump’s fraud trial resumes in NY this week after the judge threatened to throw him in jail the next time he violates a partial gag order.

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D.C. Gag Order

Andrew Weissmann, Mary McCord — Wed, 18 Oct 2023 00:15:53 +0000

A federal judge has barred Donald Trump from attacking witnesses, prosecutors and court staff in his D.C. election interference trial. This is the second protective order issued against the former president in just two weeks. MSNBC legal analysts Andrew Weissmann and Mary McCord dig into that -- plus, why everyone should be keeping a close eye on the GA trial for two of Trump’s co-defendants.

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Submarine Secrets

Mary McCord, Andrew Weissmann — Mon, 9 Oct 2023 20:58:27 +0000

Bombshell new reporting alleges that Donald Trump revealed sensitive information about U.S. nuclear submarines to a member of his Mar-a-Lago club. So why hasn’t Jack Smith charged him with that – and can it be brought into the case now? MSNBC legal analysts Andrew Weissmann and Mary McCord dig into that and some other big developments in the DC election case.

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Live at NYU!

Andrew Weissmann, Mary McCord, Trevor Morrison — Thu, 5 Oct 2023 16:17:03 +0000

We’re live at NYU Law School! MSNBC legal analysts Andrew Weissmann and Mary McCord are joined by special guest and former dean of NYU Law Trevor Morrison. They discuss Trump’s new gag order, presidential immunity and take questions from the audience.

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Family Fraud on Trial

Andrew Weissmann, Mary McCord — Wed, 4 Oct 2023 00:48:18 +0000

Donald Trump is in court this week for the civil fraud trial that could threaten his business empire. MSNBC legal analysts Andrew Weissmann and Mary McCord dig into what exactly is at stake for Trump and how his attacks on the NY attorney general and judge could impact his other cases.

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BONUS: How to Win 2024: The “Kiddie Table” Debate

MS NOW — Fri, 29 Sep 2023 09:00:00 +0000

Debate guru Ron Klain joins Claire McCaskill and Jennifer Palmieri on their new podcast “How to Win 2024” to discuss the winners and losers of the 2nd GOP debate and what it could mean for President Biden’s re-election campaign. Plus, the House Republicans’ impeachment effort that voters want nothing to do with. Listen each week and click here to follow the show.

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BONUS: Chris Hayes interviews Andrew Weissmann & Mary McCord

Mary McCord, Andrew Weissmann, Chris Hayes — Wed, 27 Sep 2023 09:00:00 +0000

Andrew Weissmann and Mary McCord join MSNBC host Chris Hayes for the first stop on his “Why Is This Happening?” podcast tour at the Texas Tribune Festival in Austin. They dig into the latest on the cases against Donald Trump, including their predictions about whether the ex-president will be convicted of any crimes before Election Day 2024.

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Political Violence

Andrew Weissmann, Mary McCord — Wed, 27 Sep 2023 00:53:59 +0000

A new filing from Donald Trump’s legal team slams Jack Smith’s request for a partial protective order, claiming it would infringe on the ex-president’s right to free speech. But many are drawing a direct connection between Trump’s incendiary rhetoric and an increase in political violence against his opponents. MSNBC legal analysts Andrew Weissmann and Mary McCord break down how the courts may move forward.

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Removal, Recusal and Restrictions

Andrew Weissmann, Mary McCord — Mon, 18 Sep 2023 21:54:21 +0000

Things are getting heated in D.C., where Donald Trump is blasting Special Counsel Jack Smith’s request to restrict his public comments on the federal election fraud case. MSNBC legal analysts Andrew Weissmann and Mary McCord dig into Judge Chutkan’s options, plus Trump’s effort to get that judge to recuse herself. They’ll also break down the latest in GA where yet another Trump co-defendant is trying to get his case moved to federal court.

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BONUS: Live from the 92nd Street Y

Andrew Weissmann, Mary McCord, Nicolle Wallace — Fri, 15 Sep 2023 20:15:06 +0000

We’re live at the 92nd Street Y in NYC! MSNBC host Nicolle Wallace sits down with Andrew Weissmann and Mary McCord to talk about all of the latest legal developments in Trumpworld. She also asks Andrew and Mary some personal questions about their time at the DOJ, including what it was like to be there for the transition between the Obama and Trump administrations -- and we take questions from the audience in this very special live episode.

Note: Some parts of the conversation have been edited

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Georgia in the Spotlight

Andrew Weissmann, Mary McCord — Tue, 12 Sep 2023 00:24:45 +0000

We now know a special grand jury in Georgia recommended charging 37 Trump allies in the election interference case, but D.A. Fani Willis only indicted 19. Why weren’t the others charged? Plus, a judge rejects Mark Meadows’ attempt to move his case from state to federal court. What could this mean for Trump’s potential removal request? MSNBC legal analysts Andrew Weissmann and Mary McCord break down the latest developments.

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Live at Georgetown Law!

Mary McCord, Andrew Weissmann — Thu, 7 Sep 2023 20:45:15 +0000

We’re live at Georgetown Law! Wednesday was supposed to be arraignment day in GA’s election racketeering case, but Donald Trump and his 18 co-defendants waived their right to an in-person arraignment and pleaded not guilty. But there was plenty more activity in Fulton County. MSNBC legal analysts Andrew Weissmann and Mary McCord break it all down and take questions from the audience in this special episode.

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First Up: The DC Trial

Mary McCord, Andrew Weissmann — Tue, 29 Aug 2023 08:00:00 +0000

A trial date has been set in the DC election interference case against Donald Trump. Meanwhile, Trump’s former White House chief of staff Mark Meadows took the stand in GA in an effort to move his case from state to federal court. MSNBC legal analysts Andrew Weissmann and Mary McCord break down what happened inside those courtrooms and how the dual hearings may set the stage for what’s to come.

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Awaiting Trump’s GA Surrender

Andrew Weissmann, Mary McCord — Tue, 22 Aug 2023 22:57:11 +0000

Donald Trump will surrender at an Atlanta jail this week after being indicted for election interference in GA. MSNBC legal analysts Andrew Weissmann and Mary McCord break down the bond order, Trump’s recent threats -- and whether he may have disqualified himself from ever being president again.

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The GA Indictment Read by Ali Velshi: Part 2

Ali Velshi — Wed, 16 Aug 2023 20:27:38 +0000

MSNBC host Ali Velshi reads the second and final part of the 41-count GA indictment that accuses Donald Trump and 18 of his allies with being part of a “criminal enterprise” to overturn the 2020 election there. This part covers charges of conspiracy to commit election fraud, influencing witnesses, impersonating a public officer, perjury and much more.

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The GA Indictment Read by Ali Velshi: Part 1

Ali Velshi — Wed, 16 Aug 2023 02:40:25 +0000

Donald Trump and his allies have been charged with felony racketeering and numerous conspiracy charges in GA. MSNBC host Ali Velshi reads the first part of the 41-count indictment that accuses them of being part of a “criminal enterprise” to overturn the 2020 election there.

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The GA Indictment

Andrew Weissmann, Mary McCord — Wed, 16 Aug 2023 01:19:19 +0000

A stunning set of charges handed down in GA, accusing Donald Trump and 18 others of being part of a “criminal enterprise” to overturn the 2020 election there. MSNBC legal analysts Andrew Weissmann and Mary McCord break down the racketeering and conspiracy charges which are not pardonable by any president -- and tell us what we can expect over the next 10 days as defendants turn themselves in.

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BONUS: MSNBC Special with Ari Melber, Andrew Weissmann & Mary McCord

Andrew Weissmann, Mary McCord, Ari Melber — Mon, 14 Aug 2023 03:00:00 +0000

Veteran prosecutors Andrew Weissmann and Mary McCord join MSNBC’s Ari Melber for a Prosecuting Donald Trump TV special. They dissect the latest indictments facing the former president, what we could see at trial and whether Trump and democracy can co-exist as he once again runs for president.

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A Protective Order

Andrew Weissmann, Mary McCord — Mon, 7 Aug 2023 23:32:17 +0000

In the days following Donald Trump’s third indictment, the former president and his legal team spent the weekend unleashing defenses across social media and major news networks. This, along with the former president’s record of revealing private information, led prosecutors to seek a protective order from Judge Chutkan. MSNBC legal analysts Andrew Weissmann and Mary McCord break down some of the defense’s claims and how this could impact the case at large.

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Charges to Overturn an Election

Andrew Weissmann, Mary McCord — Wed, 2 Aug 2023 21:28:38 +0000

Donald Trump has been indicted for a third time, twice now at the federal level. Jack Smith’s indictment lays out the chilling details of his alleged plot to overturn the 2020 election. MSNBC legal analysts Andrew Weissmann and Mary McCord explain why this is the most serious indictment yet for Trump, what we know about the judge in the case and whether any of the unindicted co-conspirators could be cooperating.

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The 2020 Election Indictment Read by Ali Velshi

Ali Velshi — Wed, 2 Aug 2023 08:00:00 +0000

For the third time in 4 months Donald Trump has been indicted, twice at the federal level, but legal experts say this is the most serious one yet. MSNBC host Ali Velshi reads every word of the DOJ’s latest allegations against the former president, charging him with 4 counts in connection with his alleged efforts to overturn the 2020 election.

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Jack Smith’s D.C. Indictment Decision: A Conversation with Judge Luttig

Mary McCord, Andrew Weissmann, Judge Michael Luttig — Mon, 31 Jul 2023 23:08:30 +0000

As we await yet another likely Trump indictment, former federal judge Michael Luttig joins Andrew Weissmann and Mary McCord to talk about his role in advising Mike Pence ahead of Jan. 6th, why he says Trump wants to be charged for 1/6 – and whether he thinks that trial could happen before the 2024 election.

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The Superseding Indictment

Andrew Weissmann, Mary McCord — Fri, 28 Jul 2023 21:01:18 +0000

Donald Trump now faces three new felony charges in the Mar-a-Lago documents case. MSNBC analysts Andrew Weissmann and Mary McCord dig into Jack Smith’s surprise superseding indictment accusing Trump of trying to delete security footage. Plus, where things stand with the expected indictment in Smith’s 2020 election probe – and signs that things are ramping up in Georgia.

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Indictment Watch... Again

Andrew Weissmann, Mary McCord — Tue, 25 Jul 2023 22:35:35 +0000

We’re on federal indictment watch again, but there could be some holdups. MSNBC legal analysts Andrew Weissmann and Mary McCord take a look at what we know so far about Jack Smith’s 2020 election probe and what we can expect when the decision comes down.

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Target Letter

Mary McCord, Andrew Weissmann — Tue, 18 Jul 2023 22:58:37 +0000

MSNBC legal analysts Andrew Weissmann and Mary McCord react to the breaking news that Donald Trump has received a target letter from Special Counsel Jack Smith in connection withSmith’s investigation into whether any person or entity unlawfully interfered with the transfer of power following the 2020 presidential election or the certification of the Electoral College vote held on or about January 6, 2021. Plus, they answer questions from listeners.

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All Eyes on Judge Cannon

Andrew Weissmann, Mary McCord — Tue, 11 Jul 2023 20:58:13 +0000

A big test for Judge Aileen Cannon as Donald Trump tries to delay the Mar-a-Lago documents case until after the 2024 election. MSNBC legal analysts Andrew Weissmann and Mary McCord weigh in on the possible repercussions of Cannon’s decision. Plus, big developments in GA where a grand jury being seated today could decide whether Trump is charged for trying to overturn his 2020 election loss there.

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Potential Cooperators

Andrew Weissmann, Mary McCord — Mon, 3 Jul 2023 22:38:40 +0000

Rudy Giuliani is just the latest Trump ally to sit down with federal investigators. MSNBC legal analysts Andrew Weissmann and Mary McCord dig into who could be cooperating and what that could mean for the former president. Plus, why the Miami grand jury is still investigating Trump’s documents case, even after his indictment.

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The Bedminster Tape

Andrew Weissmann, Mary McCord — Tue, 27 Jun 2023 21:52:22 +0000

Could it be game over for Donald Trump in the classified documents case? MSNBC legal analysts Andrew Weissmann and Mary McCord weigh in on the leaked Bedminster recording where Trump appears to talk about classifieddocuments he kept. Plus, new details on the Secret Service agents who have now testified before the Jan. 6th grand jury.

If you have questions, you can leave us a voicemail at 917-342-2934 and maybe we’ll play it on the pod! You can also email us at ProsecutingTrumpQuestions@nbcuni.com.

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Government Secrets at Trial

Andrew Weissmann, Mary McCord, Mark Zaid — Wed, 21 Jun 2023 22:49:10 +0000

Judge Aileen Cannon surprised many by setting an Aug. 14th trial date in Donald Trump’s classified documents case – just 2 months from now. But will that date hold and how will the court keep government secrets safe? MSNBC legal analysts Andrew Weissmann and Mary McCord are joined by national security attorney Mark Zaid to break down the Classified Information Procedures Act (CIPA) and how it could impact the case.

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The Miami Arraignment

Mary McCord, Andrew Weissmann — Wed, 14 Jun 2023 19:41:05 +0000

For the second time in two months, Donald Trump has been arrested and pleaded not guilty to criminal charges – this time in relation to Jack Smith’s federal investigation into his handling of classified documents. MSNBC legal analysts Andrew Weissmann and Mary McCord break down what happened inside that Miami courtroom, what Trump’s likely defenses will be and how the prosecution might deal with the Trump-appointed judge overseeing the case.

If you have questions, you can leave us a voicemail at 917-342-2934 and maybe we’ll play it on the pod! You can also email us at ProsecutingTrumpQuestions@nbcuni.com.

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The Full Indictment Read by Ali Velshi

Ali Velshi — Sun, 11 Jun 2023 10:00:00 +0000

What exactly is inside that historic 37-count federal indictment against Donald Trump? MSNBC host Ali Velshi reads every word of the DOJ’s allegations against the former president, including a transcript of a conversation Trump allegedly had about a classified military document and texts between his employees.

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37 Felony Counts

Mary McCord, Andrew Weissmann — Sat, 10 Jun 2023 21:38:34 +0000

The DOJ has unsealed the 37-count indictment against Donald Trump, detailing how the former president allegedly lied and schemed to keep classified documents he knew were classified. MSNBC legal analysts Andrew Weissmann and Mary McCord give us their biggest takeaways from the indictment and tell us what we can expect on Tuesday when Trump turns himself in.

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The Second Indictment

Mary McCord, Andrew Weissmann — Fri, 9 Jun 2023 20:59:40 +0000

Donald Trump has become the first former president to face federal prosecution. A grand jury in Miami has charged him with 37 criminal counts in special counsel Jack Smith’s documents probe. MSNBC legal analysts Andrew Weissmann and Mary McCord take a closer look at what we know so far and why these charges are so important.

If you have questions, you can leave us a voicemail at 917-342-2934 and maybe we’ll play it on the pod! You can also email us at ProsecutingTrumpQuestions@nbcuni.com.

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Federal Indictment Watch

Andrew Weissmann, Mary McCord — Mon, 5 Jun 2023 22:46:26 +0000

We're on indictment watch as the grand jury in the Mar-a-Lago classified documents case is expected to meet this week after a hiatus. MSNBC legal analysts Andrew Weissmann and Mary McCord dig into possible charges and how prosecutors go about wrapping up a long grand jury investigation.

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Listener Questions

Andrew Weissmann, Mary McCord — Tue, 30 May 2023 23:31:54 +0000

Our listeners have some burning questions about Donald Trump’s legal cases, including where exactly we stand with timing and what happens if a federal grand jury indicts. MSNBC legal analysts Andrew Weissmann and Mary McCord dig into all of that in this special Listener Questions episode.

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The Mar-a-Lago Boxes

Andrew Weissmann, Mary McCord — Sat, 27 May 2023 02:49:37 +0000

Some explosive new reporting could give us the clearest indication yet about what exactly Jack Smith is looking at in the Mar-a-Lago documents case – and what he could charge. MSNBC legal analysts Andrew Weissmann and Mary McCord weigh in on reports that Trump employees moved classified documents the day before the FBI came for them.

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Corcoran’s Notes

Mary McCord, Andrew Weissmann — Tue, 23 May 2023 22:32:42 +0000

Could Donald Trump’s own lawyer be the key to Special Counsel Jack Smith’s obstruction case? MSNBC legal analysts Andrew Weissmann and Mary McCord dig into Evan Corcoran’s notes that reportedly show Trump was warned about keeping classified documents. Could this blow up his Mar-a-Lago defense?

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An Incriminating Town Hall

Andrew Weissmann, Mary McCord — Mon, 15 May 2023 23:29:50 +0000

Did Donald Trump’s comments at last week’s town hall put him in even greater legal jeopardy? MSNBC legal analysts Andrew Weissmann and Mary McCord weigh in on what he said that could hurt him.

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$5 million In damages

Andrew Weissmann, Mary McCord — Wed, 10 May 2023 14:19:11 +0000

Donald Trump has made history yet again, becoming the first former president to be found liable for sexual abuse and defamation. The jury rejected E. Jean Carroll’s rape claim but ordered Trump to pay $5 million in damages. MSNBC legal analysts Andrew Weissmann and Mary McCord tell us what this unprecedented verdict means for the ex-president.

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Fani Willis’ Immunity Deals

Andrew Weissmann, Mary McCord — Mon, 8 May 2023 22:51:47 +0000

At least 8 of Georgia’s “fake electors” have received immunity deals as part of Fulton County DA Fani Willis’ 2020 election probe. MSNBC legal analysts Andrew Weissmann and Mary McCord tell us what that could mean for Donald Trump and a possible second indictment. Plus, Trump will not testify in the E. Jean Carroll civil rape case as closing arguments begin. We’ll get into what could be behind his decision.

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Mike Pence Testifies

Andrew Weissmann, Mary McCord — Mon, 1 May 2023 22:03:54 +0000

Despite Donald Trump’s objections, Mike Pence testified before the Jan. 6th grand jury for several hours last week. But if you strip away the insurrection and the attempt to overturn the election, did Trump also try to solicit a crime of violence against Pence himself? MSNBC legal analysts Andrew Weissmann and Mary McCord get into that and what it could all mean for Special Counsel Jack Smith’s investigation.

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E. Jean Carroll v. Trump

Doug Letter, Andrew Weissmann, Mary McCord — Wed, 26 Apr 2023 10:00:00 +0000

Trump’s legal woes deepening with a civil rape case getting underway in New York and a big development in Fani Willis’ Georgia investigation. MSNBC legal analysts Andrew Weissmann and Mary McCord dig into what all of that means for the former president. Plus, former House General Counsel Doug Letter joins to talk about the ex-prosecutor set to testify before Congress about Alvin Bragg’s Trump case. He has 4 decades of experience as a top DOJ attorney and several years as the top lawyer for the U.S. House of Representatives.

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The Trump Offensive

Andrew Weissmann, Mary McCord — Tue, 18 Apr 2023 13:34:08 +0000

Donald Trump and his allies are escalating their attacks on Alvin Bragg, Fani Willis and Jack Smith. Would any other defendant get away with this? MSNBC legal analysts Andrew Weissmann and Mary McCord weigh in on how the prosecutors and NYC judge should handle this – and what it could mean for their cases.

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All Eyes on Jack Smith

Mary McCord, Andrew Weissmann — Tue, 11 Apr 2023 13:02:12 +0000

"Now that Donald Trump has been indicted by the Manhattan D.A., attention is shifting to his other legal problems -- including Special Counsel Jack Smith’s investigations. MSNBC legal analysts Andrew Weissmann and Mary McCord discuss Smith’s recent legal wins, how he could be building his cases against Trump – and how the GA election investigation plays into all of that."

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The Manhattan Arraignment

Mary McCord, Andrew Weissmann — Wed, 5 Apr 2023 22:51:20 +0000

Donald Trump became the first ex-president to be arraigned on criminal charges Tuesday. MSNBC legal analysts Andrew Weissmann and Mary McCord tell us what happened inside that Manhattan courtroom, what stood out to them in the pages of the indictment and what it all tells us about how District Attorney Alvin Bragg plans to build his case.

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The First Indictment

Andrew Weissmann, Mary McCord — Fri, 31 Mar 2023 21:40:00 +0000

A Manhattan grand jury has voted to indict Donald Trump – setting a new precedent for holding American leaders accountable. But how does a prosecutor like Alvin Bragg actually convince a jury to convict a former president? MSNBC legal analysts Andrew Weissmann and Mary McCord tell us how prosecutors think about building a case against a former president.

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Prosecuting Donald Trump: A Primer

Andrew Weissmann, Mary McCord — Tue, 28 Mar 2023 21:39:35 +0000

How do you build a legal case when the defendant is a former president? MSNBC legal contributors Andrew Weissmann and Mary McCord have an idea. They’re two of the most well-respected and storied prosecutors in the country – and have prosecuted historic cases from Enron to the Benghazi attack. So, they’re the perfect people to tell us how a prosecutor -- from Alvin Bragg to Fani Willis to Jack Smith – might think about prosecuting a former president.

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