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smith needed anyone to make thoas arguments it was going to be mike dreeben. >> was jack smith there today? >> he was at the counsel table today. >> you said some justices appeared open to this idea, the argument being made by the former president's legal team. which justices? >> there were a few, actually. two of trump's own appointees seemed more receptive to the arguments than perhaps anyone else on the court. particularly justice brett kavanaugh was very concerned about the idea of letting criminal prosecutions go forward over actions taken by the president. he continually floated this idea, this rule that would say that unless a statute specifically mentions the president, that then it can't be applied against hem. that is a slight variation on the whole question of immunity but it would get their via a different rout and would essentially mean the end of jack smith's case. neil gorsuch moated the possibility of this situation, he said would lead to just every president pardoning themselves on the way out of office which is a novel and kind of dangerous situation for the court t
smith needed anyone to make thoas arguments it was going to be mike dreeben. >> was jack smith there today? >> he was at the counsel table today. >> you said some justices appeared open to this idea, the argument being made by the former president's legal team. which justices? >> there were a few, actually. two of trump's own appointees seemed more receptive to the arguments than perhaps anyone else on the court. particularly justice brett kavanaugh was very concerned...
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smith wanted to happen, jack smith's goal is he wants this trial to occur. is there still any possibility that this trial occurs before the election? >> absolutely. jack smith his goal is to make sure trial happened before the election, because if donald trump becomes president on day one, he will and this prosecution as the president has the power to do, to call off any prosecution, including one of himself. drums goal is exact reverse, which is to delay this trial until january 20th, hope he wins, and then if he wins, nullify the prosecution. i still think there's absolutely time for this trial to happen, it should happen, the american people deserve to know what donald trump did with these extremely sensitive classified and otherwise documents. i can tell you before i was in the solicitor general's office, i was national security advisor to the justice department. and we saw cases like this, and maybe not with these number of extreme documents, but more minor ones, and of course those people went to jail. of course they were prosecuted and the prosecution
smith wanted to happen, jack smith's goal is he wants this trial to occur. is there still any possibility that this trial occurs before the election? >> absolutely. jack smith his goal is to make sure trial happened before the election, because if donald trump becomes president on day one, he will and this prosecution as the president has the power to do, to call off any prosecution, including one of himself. drums goal is exact reverse, which is to delay this trial until january 20th,...
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and so, that is what the dilemma is for jack smith tonight. yes, he won this, you know, he won this formally, but i guarantee you, there is no one on the special counsel's office that is celebrating tonight. >> yeah, and i would even lower the bar to anyone that has spent 20 minutes reading the sp internet on the presidential records act and where it comes from and why it exists. and i just want to read smith in this filing, because he makes this point clear and then mary, ask about what his options are. you know, his office right, if the court concludes that they have carte blanche to remove any documents than any documents so removed must be treated as a personal record under the pra as an unreviewable matter of law, and that, also as a matter of law s former president is forever authorized to possess such a document regardless of how highly classified it may be and how it is stored. that would constitute a court clearly erroneous jury instruction that entails a high probability of failure a prosecution and the government must be provided wi
and so, that is what the dilemma is for jack smith tonight. yes, he won this, you know, he won this formally, but i guarantee you, there is no one on the special counsel's office that is celebrating tonight. >> yeah, and i would even lower the bar to anyone that has spent 20 minutes reading the sp internet on the presidential records act and where it comes from and why it exists. and i just want to read smith in this filing, because he makes this point clear and then mary, ask about what...
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one is the argument that jack smith makes about the presidential records act. but the other one is this idea that the judge seems to be considering giving you -- that would be to the wall. the president can do x, y, z. it is not a vague law about the presidential records act. >> that is exactly right. what smith did was take both of your points and basically say in legal terms, you know, a whole bunch of stuff. it all boils down to, look, judge cannon. we've had enough already. basically saying to her, you are getting this totally wrong. you are delaying things and risking a double jeopardy acquittal. as joyce says, that we are going to mandamus you. which to say, you are so wrong, we will take this to an immediate appeal, and seeing the removal as a judge in the case. when i ran the general office, which is the office that controls all federal appeals from across the country. they will come to me and asked for that. saying, look, this judge is totally out of line. we have to file this. be patient, let the system play out. when you have a judge who is repeatedl
one is the argument that jack smith makes about the presidential records act. but the other one is this idea that the judge seems to be considering giving you -- that would be to the wall. the president can do x, y, z. it is not a vague law about the presidential records act. >> that is exactly right. what smith did was take both of your points and basically say in legal terms, you know, a whole bunch of stuff. it all boils down to, look, judge cannon. we've had enough already. basically...
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Apr 26, 2024
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smith needed anyone to make thoas arguments it was going to be mike dreeben. >> was jack smith there today? >> he was at the counsel table today. >> you said some justices appeared open to this idea, the argument being made by the former president's legal team. which justices? >> there were a few, actually. two of trump's own appointees seemed more receptive to the arguments than perhaps anyone else on the court. particularly justice brett kavanaugh was very concerned about the idea of letting criminal prosecutions go forward over actions taken by the president. he continually floated this idea, this rule that would s that unless a statute specifically mentions the president, that then it can't be applied against hem. that is a slight variation on the whole question of immunity but it would get their via a different rout and would essentially mean the end of jack smith's case. neil gorsuch moated the possibility of this situation, he said would lead to just every president pardoning themselves on the way out of office which is a novel and kind of dangerous situation for the court to
smith needed anyone to make thoas arguments it was going to be mike dreeben. >> was jack smith there today? >> he was at the counsel table today. >> you said some justices appeared open to this idea, the argument being made by the former president's legal team. which justices? >> there were a few, actually. two of trump's own appointees seemed more receptive to the arguments than perhaps anyone else on the court. particularly justice brett kavanaugh was very concerned...
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jack smith's brief to the supreme court attacks every immunity claim donald trump makes. jack smith said, the president's constitutional duty to take care that the laws be faithfully executed does not entail a general right to violate them. petitioners suggest that unless a criminal statute expressly names the president, the statute does not apply. that radical suggestion, which would free the president from virtually all criminal law, even crimes such as bribery, murder, treason, and sedition, is unfounded. jack smith's brief stressed that donald trump is the only president in history who believes in presidential immunity. jack smith wrote, the framers never endorsed criminal immunity for a former president , and all presidents from the founding to the modern era have known that after leaving office, they faced potential criminal liability for official acts. the closest historical analog as president nixon's official conduct in watergate, and his acceptance of a pardon implied his and president ford's recognition that a former president was subject to prosecution. the ab
jack smith's brief to the supreme court attacks every immunity claim donald trump makes. jack smith said, the president's constitutional duty to take care that the laws be faithfully executed does not entail a general right to violate them. petitioners suggest that unless a criminal statute expressly names the president, the statute does not apply. that radical suggestion, which would free the president from virtually all criminal law, even crimes such as bribery, murder, treason, and sedition,...
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this. >> he really can't appeal that your jack smith. this is why jack smith is concerned, although he one in the sense that the court did not dismiss charges, i think smith feels the same way, i'm worried about this going to a jury because it is confusing, complicated, technical and prosecutors always want to tell simple straightforward story and dependence want to look things up as much as i think it is a minute, it could confuse a jury in a way that would worry the prosecutor hush money case, it's all confusing to a jury. sensor for attacking canon, what you think of what they just said there? >> i agree to a large extent is a good strategy behind straightforward presentation for what i disagree with his the idea that there is a clear answer but records president is entitled to. a president can declassify classified records, no particular procedure have to go down to do that so there's a lot of problems in this case and that is the least of it. >> if smith wins, it would overturn power by the executive branch was never seen in u.s. hi
this. >> he really can't appeal that your jack smith. this is why jack smith is concerned, although he one in the sense that the court did not dismiss charges, i think smith feels the same way, i'm worried about this going to a jury because it is confusing, complicated, technical and prosecutors always want to tell simple straightforward story and dependence want to look things up as much as i think it is a minute, it could confuse a jury in a way that would worry the prosecutor hush...
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jack smith was very clear about this. jack smith said, we will lose. you are prejudicing the prosecution, because you are giving the defense an opportunity to argue a law that doesn't apply here. the jury will be compelled to find former president trump not guilty. that seems to me in a series of options, this motion, the best option. judge cannon made it clear so far that she thinks in some way this defense applies. she would likely rule that that defense applies, and then jack smith could take it up on appeal. as you know, all of this is still a victory for former president trump if he can continue to delay this trial. as you pointed out, it seems very, very unlikely that we will have a trial before the november election. >> on each of these instances, instead of just asking for a brief, she's asking for hearings. that further delays. she's scheduling hearings. in many cases, some of the lawyers say that's unnecessary, the lawyers in jack smith's office. in terms of doing something with the 11th circuit, you are practicing -- you are familiar with th
jack smith was very clear about this. jack smith said, we will lose. you are prejudicing the prosecution, because you are giving the defense an opportunity to argue a law that doesn't apply here. the jury will be compelled to find former president trump not guilty. that seems to me in a series of options, this motion, the best option. judge cannon made it clear so far that she thinks in some way this defense applies. she would likely rule that that defense applies, and then jack smith could...
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so she styles this as a win for the prosecutor for jack smith. but nobody is celebrating tonight because this order tees up future mischief that she can engage in. in particular, she is refusing to give the prosecution a clean order on the presidential records act which should have been so easy because as larry tribe just said, of course nobody thinks that the presidential records act has anything one whit to do with this. no responsible lawyer i think could make that argument with a straight face and no one has. so then the question is, what does smith do about it? and there's two options for smith really. one is as larry said is to file a motion in limine and go to the trial court again. go back to cannon and say please exclude before the trial everything about the presidential records act. because it just doesn't apply. the other is to file this piece of paper known as a writ of mandamus going straight to the court of appeals and saying this decision is so out of whack that you know, you should just, you should hear the case right away before
so she styles this as a win for the prosecutor for jack smith. but nobody is celebrating tonight because this order tees up future mischief that she can engage in. in particular, she is refusing to give the prosecution a clean order on the presidential records act which should have been so easy because as larry tribe just said, of course nobody thinks that the presidential records act has anything one whit to do with this. no responsible lawyer i think could make that argument with a straight...
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i do think that you may see more rulings that go jack smith's way. may not necessarily be as blatantly pro-trump as we've seen before, but i don't know that he's going to pull the trigger as fast as things might suggest. >> jill, it's not just from helping delay the trial, judge cannon has been slow walking her decisions in this case. what's your gut on how she will rule in his latest delay motion, and is it a done deal that there's no way this trial concludes before the election? >> the answer to your first question is, it is impossible to detect predict what judge cannon will do. i really think she has acted in ways, this is not an ad hominem attack this is based on her conduct. as a result of her conduct, i think that jack smith has no choice but to either mandamus her or make a motion in limine to prevent any evidence about the presidential records act to be introduced. that would limit the evidence, because it has no relevance. the big fear is that if he doesn't do something like that, and doesn't get it decided by the 11th circuit, her opinion
i do think that you may see more rulings that go jack smith's way. may not necessarily be as blatantly pro-trump as we've seen before, but i don't know that he's going to pull the trigger as fast as things might suggest. >> jill, it's not just from helping delay the trial, judge cannon has been slow walking her decisions in this case. what's your gut on how she will rule in his latest delay motion, and is it a done deal that there's no way this trial concludes before the election?...
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Apr 30, 2024
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smith has the authority to bring charges at all because jack smith's office is unconstitutional. he was never nominated by the president, never confirmed by the senate, never properly pinted as a federal -- appointed as a federal officer. what statute exists letting the u.s. attorney general name anyone a special counsel? if. >> none. if they're not confirmed by the senate, and that's the point. remember that president obama appointed durham to, as a potential counsel to look into the cia destruction tapes case. it was barr that appointed durham to look into the russian hoax. it was the biden who appointed rob hur, the u.s. attorney for maryland, to look into the latest efforts. ball of them were -- but all of them, durham and rob hur, were nominated by presidents and cop firmed by senates. and -- confirmed by senates. and, you know, the pesky old appointments clause in the constitution still matters. so what justice thomas was referring to was in a friend to the court brief by former attorney general ed meese and michael mukasey who said, look, the appointments clause matters. y
smith has the authority to bring charges at all because jack smith's office is unconstitutional. he was never nominated by the president, never confirmed by the senate, never properly pinted as a federal -- appointed as a federal officer. what statute exists letting the u.s. attorney general name anyone a special counsel? if. >> none. if they're not confirmed by the senate, and that's the point. remember that president obama appointed durham to, as a potential counsel to look into the cia...
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maybe they can't do that one, right, i will say jack smith's filings never disappoint. i always find his filings to be very plain english and ratable and he's straight to the point. >> they are the best legal reading you could ask for. the clarity, the simplicity of concept, that is constantly being delivered and then, the huge import of it all, every time you read one, you know you are holding history in your hands. >> exactly. >>> for donald trump's entire life, before becoming a politician, he was a strong, strong supporter of abortion, verging on an enthusiast. he was the kind of guy who would say, what are we going to do about this, when a woman told him he impregnated her. he told that story in 2004. on howard stern's radio show. he said you know all the time it was like excuse me, what happened? and i said, well, what are we going to do about this? she said are you serious, it's the most beautiful day of our lives, i said, oh great. and now, donald trump's most ignored child, tiffany trump, has that story of her birth, that lives publicly with her, for her entire
maybe they can't do that one, right, i will say jack smith's filings never disappoint. i always find his filings to be very plain english and ratable and he's straight to the point. >> they are the best legal reading you could ask for. the clarity, the simplicity of concept, that is constantly being delivered and then, the huge import of it all, every time you read one, you know you are holding history in your hands. >> exactly. >>> for donald trump's entire life, before...
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. >>> we turn now to donald trump tonight, and special counsel jack smith signaling his frustration with the florida judge overseeing the classified documents case. smith calling a key decision by the judge, quote, fundamentally flawed. here's pierre thomas. >> reporter: tonight, in an extraordinary filing, special counsel jack smith increasingly frustrated with the florida judge's handling of the classified documents case, urging her to move the trial along. smith bluntly telling judge aileen cannon -- who was appointed by donald trump -- that her decision to even consider trump's claim that he could just declare classified documents to be his personal papers was "fundamentally flawed." smith's unusually critical language came in response to judge cannon's suggestion that she might instruct the jury to take into account trump's claims that the classified documents were his personal property. smith writing that such a "legal premise is wrong" and "would distort the trial." and he's urging judge cannon to explain her position as soon as possible, making it clear he is ready to appeal to a
. >>> we turn now to donald trump tonight, and special counsel jack smith signaling his frustration with the florida judge overseeing the classified documents case. smith calling a key decision by the judge, quote, fundamentally flawed. here's pierre thomas. >> reporter: tonight, in an extraordinary filing, special counsel jack smith increasingly frustrated with the florida judge's handling of the classified documents case, urging her to move the trial along. smith bluntly...
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today judge cannon rejected that rather ridiculous defense handing jack smith an ostensible win. this could be round one on these issues. cannon saying that the criminal charges against trump, quote, make no reference to the presidential record act, never to -- nor do they rely on the statute for purpose of stating offense, adding, quote, accepting allegations of the superseding indictment is true, the presidential records act does not provide a pretrial basis to dismiss. the judge there leaving the door open to revisiting this issue. and as we've reported on this broadcast, at that hour yesterday, cannon had asked both prosecutors and trump's defense team to address the question of whether those documents could be considered personal in jury instructions which led to a sharp rebuke from special counsel jack smith's team. he called the idea, quote, fundamentally flawed, in her ruling today cannon fires back saying that smith's demand to settle the issue of whether the documents could be considered personal once and for all is,
today judge cannon rejected that rather ridiculous defense handing jack smith an ostensible win. this could be round one on these issues. cannon saying that the criminal charges against trump, quote, make no reference to the presidential record act, never to -- nor do they rely on the statute for purpose of stating offense, adding, quote, accepting allegations of the superseding indictment is true, the presidential records act does not provide a pretrial basis to dismiss. the judge there...
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you really can't appeal that if you're jack smith and by the way, this is why i think jack smith is concerned with today's ruling, although he one in the sense that the court did not dismiss the charges if i'm jack smith and i think smith feels the same way, i'm very worried about this defense going to a jury because it's confusing, because it's complicated because it's technical and prosecutors always want to tell us simple, straightforward story. and frankly, defendants want to muck things up and as much as i think this defense lacks merit, i do think it could confuse the jury in a way that would worry me as a process it's cuter >> yeah. >> that may be the case. we may have heard the last of mandamus, at least for the time being. however, and for that, we may be thankful. elie honig. thank you so much. appreciate it. >> thanks, >> so what's going on inside of trump's mind after a judge that he likes ruled against him, couple that with all his other legal and financial blows this week, someone one who knows him well, will join us to talk about it, plus a $30,000,000 mystery. who was behind t
you really can't appeal that if you're jack smith and by the way, this is why i think jack smith is concerned with today's ruling, although he one in the sense that the court did not dismiss the charges if i'm jack smith and i think smith feels the same way, i'm very worried about this defense going to a jury because it's confusing, because it's complicated because it's technical and prosecutors always want to tell us simple, straightforward story. and frankly, defendants want to muck things up...
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remember, she is the one who asked jack smith to opine on the presidential records act. she on her own said this bizarro, two different jury instructions, to both sides and said, comment on them, please, so smith did what he was told, he said what every lawyer believes, which is the presidential records act has nothing to do with it, and then she calls it unprecedented and unjust. at this point, i've certainly seen enough. i think my guess is the prosecution has seen enough, maybe they'll checkboxes and go with the motion and leblanc, but this is going to the 11th circuit. >> mr. tribe, what about that? is one route more likely than the other? >> i think that even though i completely agree, with neal, that asking her to do what i think she must be asked to do, namely take this off the table, decide now that the presidential records act has nothing to do with it. even though it's futile, sometimes it's important to check a box. despite the fact that you know what is going to happen, the reason it's important is that there are some judges on the 11th circuit who will say s
remember, she is the one who asked jack smith to opine on the presidential records act. she on her own said this bizarro, two different jury instructions, to both sides and said, comment on them, please, so smith did what he was told, he said what every lawyer believes, which is the presidential records act has nothing to do with it, and then she calls it unprecedented and unjust. at this point, i've certainly seen enough. i think my guess is the prosecution has seen enough, maybe they'll...
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. >>> special counsel jack smith and donald trump have until midnight tonight to respond to an order from judge aileen cannon with their proposed jury instructions in the criminal case against donald trump for his alleged illegal retention of classified documents and his obstruction of efforts by the government to get them back. judge cannon has already said she's considering giving an instruction to jurors that is essentially donald trump's defense in the case, a president has sole authority under the presidential records act to categorize records as personal or presidential during his or her presidency. judge cannon has yet to rule on new proposed dates for the trial to begin, fueling concerns that jack smith's proposed july start might not happen. in a paperless order today, judge cannon ordered donald trump and his co-defendants in the documents case to file a speedy trial report by friday, saying, the report shall include defendants positions on all excludable time from the speedy trial. and expressly indicate any defendants current assertion or waiver of speedy trial rights, wi
. >>> special counsel jack smith and donald trump have until midnight tonight to respond to an order from judge aileen cannon with their proposed jury instructions in the criminal case against donald trump for his alleged illegal retention of classified documents and his obstruction of efforts by the government to get them back. judge cannon has already said she's considering giving an instruction to jurors that is essentially donald trump's defense in the case, a president has sole...
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>> which is exactly what jack smith wanted. he said just make a decision. we say it doesn't apply at had, we want a pretrial ruling. in fact, the rules say they're entitled to a pretrial ruling. just decide one way or the other for good. >> not halfway. >> not halfway, which is deciding pretrial does it apply. jack smith is saying who cares about that, i care about what you're going to say at trial. why? the big sort of thing people need to understand to be in the weeds for a moment, once the jury is sworn, double jeopardy attaches, meaning if the jury acquits or if the judge acquits, it's over. >> it's finito. >> especially if the judge has the power once the jury is sworn to say, you know what, i'm entering a judgment of acquittal. and it can be on a cockamamie idea like the presidential records act. so jack smith is saying that i need a decision that it doesn't apply not just pretrial, because guess what, nobody is deciding kbk about guilt or innocence pretrial. that's going to happen at the trial, so i need you to know what your view is at the trial. wh
>> which is exactly what jack smith wanted. he said just make a decision. we say it doesn't apply at had, we want a pretrial ruling. in fact, the rules say they're entitled to a pretrial ruling. just decide one way or the other for good. >> not halfway. >> not halfway, which is deciding pretrial does it apply. jack smith is saying who cares about that, i care about what you're going to say at trial. why? the big sort of thing people need to understand to be in the weeds for a...
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he's going to have to surpass jack smith reasonable doubt standard, a big federal law traversing i'm following, the judge said the jury has to abide by the law and all of presidential records act. what you make of the double standard jack smith attacks judge cannon as judges put gag orders on trump in three cases including trump cosmic trial set to start april 5, gop lawmaker elise saying it abuse of power that this judge's thing on the case when his daughter has been democrat fundraiser, consultant making big bucks fundraising for biden now adam schiff? >> there's no question he should recuse because of the issue his daughter appears to be profiting from the case. you have to recuse and that scenario, she will stand the prophet's if trump is convicted and i don't understand why he hasn't done so. >> that's interesting, who will stay on it. more stuff for sam dewey to it tackle to take on, thanks for joining us. coming up, retired nypd officer bill stanton joins us. bill stanton is terrific. but polls show americans are sick of lawlessness so biden's d.o.j., what did they do? they wi
he's going to have to surpass jack smith reasonable doubt standard, a big federal law traversing i'm following, the judge said the jury has to abide by the law and all of presidential records act. what you make of the double standard jack smith attacks judge cannon as judges put gag orders on trump in three cases including trump cosmic trial set to start april 5, gop lawmaker elise saying it abuse of power that this judge's thing on the case when his daughter has been democrat fundraiser,...
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cnn's evan perez has the latest so jack smith criticize former president trump's immunity argument is novel and sweeping. what else does he say in this filing? >> that's right, anderson, jack smith says that the president's the former president's claim to have this broad immunity has no basis in the constitution in certainly it doesn't have any basis in the nation's history and in the principle that no one, including precedence is above the law region, just part of what this 60 plus page filing from the special counsel also says. they say he wrote he says the president's constitutional duty to take care that the laws be faithfully executed does not entail a general right to violate them. he goes on to say, the framers never endorsed criminal immunity for a former president and all presidents from the founding two the modern era have known that after leading, leaving office, they faced potential criminal liability for official acts. now, former president trump anderson has claimed that if this prosecution is allowed to go forward, this is going to impair the presidency forever, includi
cnn's evan perez has the latest so jack smith criticize former president trump's immunity argument is novel and sweeping. what else does he say in this filing? >> that's right, anderson, jack smith says that the president's the former president's claim to have this broad immunity has no basis in the constitution in certainly it doesn't have any basis in the nation's history and in the principle that no one, including precedence is above the law region, just part of what this 60 plus page...
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he put himself on that team to go after trump and now on the jack smith and arguing the case for jack smith today. very interesting. >> dana: we are going to have a chance at 10:00 a.m. to hear the justices and the argument. you will be inside. so you know the justices well and pay attention to a lot of this. what are you listening for today? is there anyone in particular you are expecting to weigh in heavily? >> you know i'll be keeping an eye on the chief justice. he tries to guide the court with a narrow hand in many cases, incrementally. if they find there is some scope of immunity for these particular actions where do they set the boundaries? i think listening to the questions about whether they are open to that issue of immunity and how far it might go. if we see who is trying to probe what the outer boundaries of that would be, these arguments are set for an hour but nothing else on the docket today. i expect we go well beyond that. this is a moment in history for the justices to decide. we don't know what the vote was to take up the case, who voted yes or no or who wants to he
he put himself on that team to go after trump and now on the jack smith and arguing the case for jack smith today. very interesting. >> dana: we are going to have a chance at 10:00 a.m. to hear the justices and the argument. you will be inside. so you know the justices well and pay attention to a lot of this. what are you listening for today? is there anyone in particular you are expecting to weigh in heavily? >> you know i'll be keeping an eye on the chief justice. he tries to...
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and jack smith addresses this writing. the absence of any prosecutions of former president's until this case does not reflect the understanding that presidents are immune from criminal liability. and instead underscores the unprecedented nature of petitioners alleged conduct. these are essentially saying there's just hasn't been a former president like trump exactly and the fact that no other president has tried to overturn an election in which he lost doesn't mean that you get a free pass when you actually do try to overturn the i mean, the idea that donald trump is different, that this conduct is different from any other president, former president is at the heart of this case. and the idea that because trump has done something so novel and so awful that he gets away with it is something that i don't think the supreme court is really going to in commissioning your former january 6 colleague, liz cheney said, are your generous six committee colleague said recently, that is very important members of the supreme court >> re
and jack smith addresses this writing. the absence of any prosecutions of former president's until this case does not reflect the understanding that presidents are immune from criminal liability. and instead underscores the unprecedented nature of petitioners alleged conduct. these are essentially saying there's just hasn't been a former president like trump exactly and the fact that no other president has tried to overturn an election in which he lost doesn't mean that you get a free pass when...
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jack smith is saying, i need a decision that it doesn't apply. not just pretrial because, no one is deciding anything about guilt or innocence pretrial. that's going to happen at the trial, i need to know what your view is at the trial. why is she not doing it? as jack smith said, with that ruling, if i disagree with it i have appellate rights. i can go to the 11th circuit. she is doing whatever she can, in my view, to prevent an appeal. >> there is without getting into all the excerpts, it's a short filing, but, she uses some very strong language, she calls jack smith's position unjust. she basically dirty harry zit and is like, go ahead, make my day if you want to go to the 11th circuit and appeal this. what do you make of that posture in the context of all of this? >> you have to remember, she has been reversed twice by the 11th circuit in scathing language. she really hasn't acquitted herself well, whether you think that it's from an experience, whether you think it's because she's partisan or both. my opinion is it's both. that she is both a
jack smith is saying, i need a decision that it doesn't apply. not just pretrial because, no one is deciding anything about guilt or innocence pretrial. that's going to happen at the trial, i need to know what your view is at the trial. why is she not doing it? as jack smith said, with that ruling, if i disagree with it i have appellate rights. i can go to the 11th circuit. she is doing whatever she can, in my view, to prevent an appeal. >> there is without getting into all the excerpts,...
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what i meant was to just first amendment, i disagree with what jack smith is saying. i disagree with the judge's ruling. a lot of us have strong views of the supreme court in its rulings. that is fine. what is not is obviously resorting to violence and it has been completely normalized. i do think the fbi has its hands full dealing with this. and making sure just one thing i would note is the attacks on judges. the bipartisan attacks. not just words. but deeds. that is the kind of thing that has to be much more front page news and like the january 6th investigation. it needs to be something that people take seriously and call out politicians who don't say you have to stop this. >> i do want to talk about the attacks from the left. we are talking about a candidate for president. >> absolutely. >> who is directly fomenting violence against everyone in the judicial branch. in his expanded gag order. for history, about this moment, and the threats these judges are withstanding, he says this pattern of attacking family members of presiding jurors, serves no legitimate purp
what i meant was to just first amendment, i disagree with what jack smith is saying. i disagree with the judge's ruling. a lot of us have strong views of the supreme court in its rulings. that is fine. what is not is obviously resorting to violence and it has been completely normalized. i do think the fbi has its hands full dealing with this. and making sure just one thing i would note is the attacks on judges. the bipartisan attacks. not just words. but deeds. that is the kind of thing that...
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so i want to read something else from jack smith it's filing he wrote federal criminal law applies. the president petitioner suggested unless a criminal statute expressly names the president, the statute does not apply that radical suggestion in which would free the president from virtually all criminal law, even crimes such as bribery, murder, treasonous addition, is unfounded. do you think that's enough for this report? >> i think the bras god trump claim that he is absolutely immune from all criminal charges relating to when he was president. that's never going to win that. that is not a tenable argument and i think jack smith's argument there makes it makes it pretty clear. the problem for the government, the problem for the justice department jack smith here is this idea that there may be some areas of presidential conduct that are in fact off limit and the district court has to have a hearing to decide whether this case implicates that that would delay this trial well into next year, and you you could tell in reading the government's brief that they're concerned about that the
so i want to read something else from jack smith it's filing he wrote federal criminal law applies. the president petitioner suggested unless a criminal statute expressly names the president, the statute does not apply that radical suggestion in which would free the president from virtually all criminal law, even crimes such as bribery, murder, treasonous addition, is unfounded. do you think that's enough for this report? >> i think the bras god trump claim that he is absolutely immune...
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what is jack smith so mad about? >> he's mad for a couple of reasons. we don't have a trial date in the case and judge cannon is ordering the special counsel and trump lawyers to submit jury instructions on a specific topic. as glenn knows well, you submit your jury instructions when your close to trial. she asked about the jury instructions about the presidential documents act. she wanted them to say what the jury can and can't decide about if a president can designate records as personal versus presidential and if they do that, is the president the sole decider with respect to that in ways that would negate prosecution. >> let me make this a little simpler. bottom line is, personal versus what's part of the law, right, that distinction is incredibly important. >> but it's irrelevant to whether something can be charged under espionage act, and that's what jack smith is upset about. he's saying to the extent that you're telling the jury the presidential records act plays any part inform this case, that's an unstated and fundamentally flawed legal premis
what is jack smith so mad about? >> he's mad for a couple of reasons. we don't have a trial date in the case and judge cannon is ordering the special counsel and trump lawyers to submit jury instructions on a specific topic. as glenn knows well, you submit your jury instructions when your close to trial. she asked about the jury instructions about the presidential documents act. she wanted them to say what the jury can and can't decide about if a president can designate records as...
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the whole thing that jack smith had asked her to do is resolve the legal question. the legal question is does the presidential records act give mr. trump a defense to the charges against him because of judge cannon's belief that if the president while president designates things as personal, that means his position of it is authorized. if you have authorized possession, that means you don't have unauthorized possession, that means you can't be guilty of retaining unauthorized retention of classified information. jack smith's point is presidential records act has nothing to do with these charges. this is the point that she is refusing to the site. the reason why that is so important is because if she leaves that to the trial and then the science this could be a defense, it could be, as you indicated, jeopardy will have attached, she could grant a motion for judgment of acquittal on her own or she could send an erroneous instruction to the jury, which would essentially be a directed verdict for mr. trump. that is what i think it is incumbent upon jack smith to use wha
the whole thing that jack smith had asked her to do is resolve the legal question. the legal question is does the presidential records act give mr. trump a defense to the charges against him because of judge cannon's belief that if the president while president designates things as personal, that means his position of it is authorized. if you have authorized possession, that means you don't have unauthorized possession, that means you can't be guilty of retaining unauthorized retention of...
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so i think what you're seeing here from jack smith and his team are a number of different concessions designed to preserve their case even if a majority of this court or a plurality of this court decide that former president are entitled to some form of presidential immunity. >> thank you for breaking that down as you did. and i also, as a nonlawyer, it struck me the emphasis, as you just reference to, as a private citizen. it really goes into that, not avenue ask, his official acts. sherilyn, i know you talked about immunity in this case so much that it is important to remind people why is that differentiation is important and also what stuck out to you in the portions of this you have been able to read? >> yeah, thanks, jen. trump has always wanted to, he wants to be teflon when it comes to the law. he does not want to apply to him and he has always had a conception of his role as the president that it somehow constitutes a lifelong immunity for accountability and for that reason, i think lisa did a great job of describing the filing today. i found this incredibly depressing and the
so i think what you're seeing here from jack smith and his team are a number of different concessions designed to preserve their case even if a majority of this court or a plurality of this court decide that former president are entitled to some form of presidential immunity. >> thank you for breaking that down as you did. and i also, as a nonlawyer, it struck me the emphasis, as you just reference to, as a private citizen. it really goes into that, not avenue ask, his official acts....
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joyce, assess the strength of jack smith's filing for us. >> so jack smith's filing i think is technically very strong. he's covered all the bases. his main argument is, look, trump's not entitled to immunity. but then he tells the court if you find that perhaps there's some small area where presidents do get immunity, it's not this case. this is a case about trying to steal an election. you don't need to go any further looking at where there might be exceptions because this case is not it. >> denver, you were on the investigative team looking at what happened on january 6th. what official acts did you find in that investigation that trump was engaged in on january 6th? >> that's what was so tough about it, great to be here, by the way. there was also one or two layers between the white house and what was going on on the ground. however, we did find direct contact on text messages between the oath keepers and donald trump's people who work for donald trump. we also found phone numbers going back and forth with the planners and also one that was very questionable that came from the white ho
joyce, assess the strength of jack smith's filing for us. >> so jack smith's filing i think is technically very strong. he's covered all the bases. his main argument is, look, trump's not entitled to immunity. but then he tells the court if you find that perhaps there's some small area where presidents do get immunity, it's not this case. this is a case about trying to steal an election. you don't need to go any further looking at where there might be exceptions because this case is not...
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everyone knows that, and jack smith knows that. whatever you're going to do here, don't do that. even though they can do it if they want to make sure it doesn't happen before the election. >> if they were to remand and ask -- and suggest that the judge has to apply some sort of test and review the allegations and make some sort of ruling in advance of trial, that is something that he undoubtedly would appeal again, and that is to your point, making it really impossible to get to trial. i think they are right in the arguments they are making, and it reminds me of the arguments we saw up in new york, where the d.a. alvin bragg case were mr. trump tried to argue, there are things alleged here in the statement of fact that i am charged with that are part of my official acts. and what the d.a. there said was, you can have evidence of official act that is evidence of your violation of law. you just can't be prosecuted, potentially, may be, for your acts. >> i thought this was well stated in the brief. even assuming that a foreign president is entitled, that immunity should not be held
everyone knows that, and jack smith knows that. whatever you're going to do here, don't do that. even though they can do it if they want to make sure it doesn't happen before the election. >> if they were to remand and ask -- and suggest that the judge has to apply some sort of test and review the allegations and make some sort of ruling in advance of trial, that is something that he undoubtedly would appeal again, and that is to your point, making it really impossible to get to trial. i...
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again, jag -- jack smith is holding a full house here. he has the overwhelming weight of the authority with respect to the law. he has very strong facts. while frustrating and while tedious and while protracted, i think he stays the course. he makes his arguments, he pushes for rulings. a judge is -- i won't go as far as to say incompetence, but her uncertainty is not, again, a reason to recuse. so i don't really see a basis to kick her off the case unless and until she indicates some sort of bias that prevents her from being impartial. so being bad or slow isn't enough of a reason to get her off the case. >> and tim, what do you make of the escalating sharpness of her language? let's just study what we do know about her filings. >> yeah. i think she's frustrated. i think he's frustrated. i think that the public criticism of one has prompted sharper language from the other. you know, the pleading that was filed tuesday night was pretty sharp. it basically says you're wrong, your honor, that's rare in litigation. she fires back and calls h
again, jag -- jack smith is holding a full house here. he has the overwhelming weight of the authority with respect to the law. he has very strong facts. while frustrating and while tedious and while protracted, i think he stays the course. he makes his arguments, he pushes for rulings. a judge is -- i won't go as far as to say incompetence, but her uncertainty is not, again, a reason to recuse. so i don't really see a basis to kick her off the case unless and until she indicates some sort of...
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but jack smith is upset with going to trial before the election. he wants a federal conviction and why he was brought in on the case. the washington, d.c. case is going nowhere, it's up in the supreme court. what you have here, he is attacking the judge and cnn expert has to follow motion to disqualify, has to be appealed. that is going nowhere. this is nothing more than a temper tantrum and jack smith all his marbles in invested in this case. >> harris: look, having children they are all grown up now and teenagers, when they were little somebody usually had a temper tantrum when something didn't go their way or they lost something behind the couch. so what is he missing? what is jack smith really riled up about? >> harris, he is under tremendous pressure. let's be clear, i apologize. we talk about this all the time. it is politically motivated. brought in on these two cases for one purpose, get a conviction against president trump before november 2024. and that's why he is under pressure. and that's why he wants a trial. that's why he wants jury i
but jack smith is upset with going to trial before the election. he wants a federal conviction and why he was brought in on the case. the washington, d.c. case is going nowhere, it's up in the supreme court. what you have here, he is attacking the judge and cnn expert has to follow motion to disqualify, has to be appealed. that is going nowhere. this is nothing more than a temper tantrum and jack smith all his marbles in invested in this case. >> harris: look, having children they are all...
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but first special counsel jack smith is signaling his patience with slow walking judge aileen cannon may soon be at an end. that is next. n be at an end that is next we planned well for retirement, but i wish we had more cash. you think those two have any idea? that they can sell their life insurance policy for cash? so they're basically sitting on a goldmine? i don't think they have a clue. that's crazy! well, not everyone knows coventry's helped thousands of people sell their policies for cash. even term policies. i can't believe they're just sitting up there! sitting on all this cash. if you own a life insurance policy of $100,000 or more, you can sell all or part of it to coventry. even a term policy. for cash, or a combination of cash and coverage, with no future premiums. someone needs to tell them, that they're sitting on a goldmine, and you have no idea! hey, guys! you're sitting on a goldmine! come on, guys! do you hear that? i don't hear anything anymore. find out if you're sitting on a goldmine. call coventry direct today at the number on your screen, or visit coventrydire
but first special counsel jack smith is signaling his patience with slow walking judge aileen cannon may soon be at an end. that is next. n be at an end that is next we planned well for retirement, but i wish we had more cash. you think those two have any idea? that they can sell their life insurance policy for cash? so they're basically sitting on a goldmine? i don't think they have a clue. that's crazy! well, not everyone knows coventry's helped thousands of people sell their policies for...
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and we have new video of how it all played out >> breaking overnight signs of special counsel jack smith has had enough of the judge overseeing the mar-a-lago documents case, a scathing filing. it could be seen as a first step to try to get her removed from the case. chaos swirling around donald trump social media company, a new lawsuit against two former apprentice contestants connected the truth social. zara is out today. i'm john berman i'm going with kate baldwin, cnn news central starts right now >> let's get straight to the breaking news overnight, 75 people trapped inside the tunnels. they have now just been rescued after earthquake hits taiwan. the strongest earthquake to hit taiwan in 25 years. we're going to show you, follow this video, showing a cloud of dust. you can see just settling in as the earthquake caused a massive landslide, the epicenter of the 7.4 magnitude quake. >> it was a >> mountainous area on the east coast of the island. so far, the death toll stands at, at least nine more than 800 people also have been wounded, were staying very closely to try to attack, tra
and we have new video of how it all played out >> breaking overnight signs of special counsel jack smith has had enough of the judge overseeing the mar-a-lago documents case, a scathing filing. it could be seen as a first step to try to get her removed from the case. chaos swirling around donald trump social media company, a new lawsuit against two former apprentice contestants connected the truth social. zara is out today. i'm john berman i'm going with kate baldwin, cnn news central...
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i think it is likely jack smith would take that type of approach. doesn't involve delaying the 11th circuit as a court that has shown us it moves quickly when important interests are at stake? even when courts move quickly it could mean a delay of days, weeks and even months. >> there are not a lot of prosecutors that were to cases where a court ordered a district judge to step aside because of repeated reversals of the rulings. tell me about the standard for that. >> there are several cases involving recusal's in the 11th circle. one of those is a case i worked on united states versus martin. a judge sentence inappropriately under the law several times. when the court lifted the case for the third time, which is similar to the position that jack smith will be in, it will be the third time he would be taking judge cannon to the 11th circuit. the court ruled the way that we discussed a minute ago. they said, this is wrong. it is legally incorrect. instead of asking the judge to do it correctly, were going to go ahead and ask that a different judge be
i think it is likely jack smith would take that type of approach. doesn't involve delaying the 11th circuit as a court that has shown us it moves quickly when important interests are at stake? even when courts move quickly it could mean a delay of days, weeks and even months. >> there are not a lot of prosecutors that were to cases where a court ordered a district judge to step aside because of repeated reversals of the rulings. tell me about the standard for that. >> there are...
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an update on how jack smith is fighting back. stay with us. jack smith is fighting back. stay with us but... taking the gains is smart here, right? feel more confident with stock ratings from j.p. morgan analysts in the chase app. when you've got a decision to make... the answer is j.p. morgan wealth management. - so this is pickleball? - pickle! ah, these guys are intense. with e*trade from morgan stanley, we're ready for whatever gets served up. dude, you gotta work on your trash talk. i'd rather work on saving for retirement. or college, since you like to get schooled. that's a pretty good burn, right? a mystery! jessie loves playing detective. but the real mystery was her irritated skin. so, we switched to tide pods free & gentle. it cleans better, and doesn't leave behind irritating residues. and it's gentle on her skin. tide free & gentle is epa safer choice certified. it's got to be tide. hey everybody, w. kamau bell here. they say that america is the land of the free. but right now, people in the u.s. are seeing their freedoms taken away at an alarming rate. freed
an update on how jack smith is fighting back. stay with us. jack smith is fighting back. stay with us but... taking the gains is smart here, right? feel more confident with stock ratings from j.p. morgan analysts in the chase app. when you've got a decision to make... the answer is j.p. morgan wealth management. - so this is pickleball? - pickle! ah, these guys are intense. with e*trade from morgan stanley, we're ready for whatever gets served up. dude, you gotta work on your trash talk. i'd...
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and so jack smith is frustrated saying that's not the law here. and why are we instruct? why are you proposing that we give an unlawful instruction to the jury? and so he's asking her to rule one way or the other because he's clearly going to he's setting this up for an appeal and i think although he doesn't say it in his motion, his frustration indicates to me that he is getting ready to ask that she be recused from this case. this is just one of a series of strange unlawful whether it's orders or decisions that she has made that is made legal analysts across the country scratch their heads because they make no sense. they don't look anything like what people are used to or what's in the law. >> and >> so she's an experienced she is not a judge who's been around for a long time and i think her inexperience is really showing because she's just doing things that have no basis in the law and play this play that out for us. if he's setting up for an appeal, if this simmering frustration is seen and you see that kind of potentially leading for him, asking for her to be recuse
and so jack smith is frustrated saying that's not the law here. and why are we instruct? why are you proposing that we give an unlawful instruction to the jury? and so he's asking her to rule one way or the other because he's clearly going to he's setting this up for an appeal and i think although he doesn't say it in his motion, his frustration indicates to me that he is getting ready to ask that she be recused from this case. this is just one of a series of strange unlawful whether it's...
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so, what jack smith is saying, it is time. you have got to make a decision, you need to make a decision probably, well in advance of trials so that if you get it is wrong again, we need to take this up to the 11th circuit. >> that is an important point. the interpretation is ludicrous and immaterial to law that controls the espionage act, this is national defense information plain as day, and had it, so there you go. we asked for it back and you did not give it to us. let's talk about the new york case, harry, i want to come back to you. judge rochon doing the opposite of judge cannon in this sense, which is ruling on this sort of immunity hail mary. he basically said that he waited too long to raise the issue that was so clearly last-minute . he denied trump's motion to deny the trial start date until the "rules on this claim in the federal case in washington, d.c. all of that aims to me, april 15th, as of now, is that your understanding? >> exactly right. and it is more than that. remember, this is what he was able to levera
so, what jack smith is saying, it is time. you have got to make a decision, you need to make a decision probably, well in advance of trials so that if you get it is wrong again, we need to take this up to the 11th circuit. >> that is an important point. the interpretation is ludicrous and immaterial to law that controls the espionage act, this is national defense information plain as day, and had it, so there you go. we asked for it back and you did not give it to us. let's talk about the...
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it is so clear that jack smith has absolutely had it. it seems like he is trying to protect his case, here. he sees that it's in danger and right now, highly unlikely will go to trial before this election. what do you think of smith's move, and could backfire on him? >> it's a good move. he has faced the reality that as long as this case is with this judge will probably never go to trial, it definitely isn't going to trial before election day. this was, it's also easy because jack smith will never have to appear before this judge again. it's unheard of for a lawyer, particularly a prosecutor, to in writing accuse the judge of basically not knowing the law, and being fundamentally flawed in her legal premise. he's probably correct, because everyone who has reviewed the willful retention of national defense information, which 32 counts is what donald trump is charged with, everyone, any legal scholar, any legal practitioner will tell you the presidential records act has absolutely nothing to do with it. it is not a defense. that is a civil
it is so clear that jack smith has absolutely had it. it seems like he is trying to protect his case, here. he sees that it's in danger and right now, highly unlikely will go to trial before this election. what do you think of smith's move, and could backfire on him? >> it's a good move. he has faced the reality that as long as this case is with this judge will probably never go to trial, it definitely isn't going to trial before election day. this was, it's also easy because jack smith...
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that is part of why jack smith is referencing that. that seems to resonate, certainly with the supreme court in the section 3 case. >> you do an effective roundup. you bring us back down to planet earth. >> i am a debbie downer. >> straight talker. -- we need to be aware of things , all super important. let me ask you, lisa. there is a lot of history in here. we talked about nixon a bit. and the president that is not a precedent. he also talked about what the -- the framers supply no support -- how is that argument? you think as a saint part -- person the argument would be -- how do you think the argument will plate with the conservative justices? that this is not what the framers intended? how likely is that to be something we here? >> i agree with sherrilyn, this is a court that fantasizes history. and the absence of history was one way in which they justified what textually was unjustifiable. the provision of the constitution at issue there interpretively should have led to a different result. and yet, the court new what result they
that is part of why jack smith is referencing that. that seems to resonate, certainly with the supreme court in the section 3 case. >> you do an effective roundup. you bring us back down to planet earth. >> i am a debbie downer. >> straight talker. -- we need to be aware of things , all super important. let me ask you, lisa. there is a lot of history in here. we talked about nixon a bit. and the president that is not a precedent. he also talked about what the -- the framers...
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liberty. ♪ >>> very, very late last night special counsel jack smith filed a scathing rebuke of judge aileen cannon, the trump-appointed judge in florida overseeing the president's criminal prosecution over classified documents. in the filing, smith -- cannon for a meritless claim, one that could lead directly to either a dismissal of the case or an acquittal for trump. smith's frustration here was so palpable that it suggested he may ultimately appeal to a higher court on the matter whenever judge cannon makes an actual decision. which could take a while. since judge cannon joined this case, she has amassed a pile of motions, all of which she has yet eto rule on. it's a sort of treasure-trove of potentially controversial calls. more than two months ago on january 16th, trump's lawyers asked cannon to force prosecutors to hand over additional materials they believe would demonstrate the prosecution's ties to the intelligence community. judge cannon has yet to rule on that. on february 8th, that's also nearly two months ago, jack smith's team begged judge cannon to reconsider her decis
liberty. ♪ >>> very, very late last night special counsel jack smith filed a scathing rebuke of judge aileen cannon, the trump-appointed judge in florida overseeing the president's criminal prosecution over classified documents. in the filing, smith -- cannon for a meritless claim, one that could lead directly to either a dismissal of the case or an acquittal for trump. smith's frustration here was so palpable that it suggested he may ultimately appeal to a higher court on the matter...
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january 6th case, the other case being brought by jack smith. if he does that, we all know that trump would rather have this case go to trial than the d.c. case because a conviction there is far more likely. >> i think that is right. hugo lowell of the guardian. thank you for joining us. katie fan, fantastic to have you here. you have to watch "the katie fenn show" every saturday on noon here right on msnbc especially if you want more nerdy text messages. >>> 31 people in the u.s. will have front-row tickets to a pretty impressive ticket to mother nature. the preparations for monday's a solar eclipse with the commercial from 1999 that pretty much says it all. >> good morning, children. >> good morning, miss. >> full moon. >> full moon. >> half-moon. >> hoffman. >> total eclipse. nurtec odt may help. it's the only medication that can treat a migraine when it strikes and prevent migraine attacks. treat and prevent, all in one. don't take if allergic to nurtec. allergic reactions can occur, even days after using. most common side effects were nause
january 6th case, the other case being brought by jack smith. if he does that, we all know that trump would rather have this case go to trial than the d.c. case because a conviction there is far more likely. >> i think that is right. hugo lowell of the guardian. thank you for joining us. katie fan, fantastic to have you here. you have to watch "the katie fenn show" every saturday on noon here right on msnbc especially if you want more nerdy text messages. >>> 31 people...
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could special counsel jack smith be on his way to appealing for the ruble of judge aileen cannon. his team filed a sport motion that had something of a threat, and a lot about what they worry judge cannon might be trying to do. we'll explain the fears and the threat in a moment. first, on the filing itself, prosecutors called judge cannon's request for jury instructions based on the presidential records act quote, fundamentally flowed. the pra is not at issue, his office said, and shouldn't even be included in the trial, let alone in the guidance for what the jury should deliberate on. quote, it would be pure fiction to suggest that highly classified documents created by members of the intelligence and military presented to the president of the united states during his term in office were purely private. and that trump himself didn't even raise this defense until more than a year after he left the white house. decide now and give us enough time to appeal. smith's team is pleading. after all, the presidential records act isn't even what prosecutors have charged him with violating.
could special counsel jack smith be on his way to appealing for the ruble of judge aileen cannon. his team filed a sport motion that had something of a threat, and a lot about what they worry judge cannon might be trying to do. we'll explain the fears and the threat in a moment. first, on the filing itself, prosecutors called judge cannon's request for jury instructions based on the presidential records act quote, fundamentally flowed. the pra is not at issue, his office said, and shouldn't...
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Apr 25, 2024
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but that is what special counsel jack smith asked for. he actually said the justices should expedite this case so they can make a decision by the end of the term, so that is what they are going to do. whether or not this is going to go past too long before intervention, it will happen in november, that will be up to how the court writes it. there will still be decisions left for lower courts to resolve. norah? >> norah: all right, really interesting. jan crawford, thank you. instead of being at those supreme court hearings, donald trump was in a courthouse in lower manhattan for his so-called hush money trial. that's where we find cbs's robert costa. good evening, robert. >> reporter: good evening, norah. former president donald trump isn't attacking david pecker, the former publisher of the "national enquirer," just yet, but pecker's testimony today here in lower manhattan the direct and trump, offering new details about an alleged catch and kill operation to influence the 2016 election. this morning, former president trump weighed in on
but that is what special counsel jack smith asked for. he actually said the justices should expedite this case so they can make a decision by the end of the term, so that is what they are going to do. whether or not this is going to go past too long before intervention, it will happen in november, that will be up to how the court writes it. there will still be decisions left for lower courts to resolve. norah? >> norah: all right, really interesting. jan crawford, thank you. instead of...
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Apr 9, 2024
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>> i think jack smith is -- in the first instance what jack smith wants is what jessica said. he wants the court to find there is no immunity, even for official acts, in the criminal domain. there might be some immunity at the outer perimeter of official acts where civil liability is concerned, but he would love an up or down ruling that says no immunity, even for official acts. that's where judge chutkan ruled. that's what the d.c. circuit ruled. >> but people are arguing these aren't official acts. these are outside his role as president. >> what you see on the last three pages on the brief is jack smith laying out his contingency plan. if the court finds there is some degree of official actions, that can be immune, here's my plan for how i can get this case tried and fast. >> all right, thank you so much, ladies. good to have you both. lisa rubin, jessica roth. >>> now to the growing fallout over trump's latest comments on abortion. the former president said he was proud to have ended roe v. wade, but that abortion restrictions should be left up to the states. and that's ge
>> i think jack smith is -- in the first instance what jack smith wants is what jessica said. he wants the court to find there is no immunity, even for official acts, in the criminal domain. there might be some immunity at the outer perimeter of official acts where civil liability is concerned, but he would love an up or down ruling that says no immunity, even for official acts. that's where judge chutkan ruled. that's what the d.c. circuit ruled. >> but people are arguing these...
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jack smith filed a scathing review of judge aileen cannon who is overseeing the criminal prosecution of trump's classified documents. he excoriated cannon that could lead to a dismissal of the case or acquittal of trump. his frustration was so palpable, it suggested he might appeal to a higher court on the matter when ever she makes an actual decision. which could take a while. since judge cannon joined this case, she has amassed a pile of motions. all of which she has yet to rule on. it is a sort of treasure-trove of potentially controversial calls. more than two months ago on january 16th, trump's lawyers asked cannon to force prosecutors to hand over additional materials they believe would demonstrate the prosecution's ties to the intelligence community. judge cannon has yet to rule on that. on february 8th, that was two months ago, jack smith's team begged her to reconsider her decision to release unredacted filings to the public. ones that could reveal the name of prosecution witnesses. judge cannon has yet to rule on that. six weeks ago on february 22nd, trump's lawyers filed f
jack smith filed a scathing review of judge aileen cannon who is overseeing the criminal prosecution of trump's classified documents. he excoriated cannon that could lead to a dismissal of the case or acquittal of trump. his frustration was so palpable, it suggested he might appeal to a higher court on the matter when ever she makes an actual decision. which could take a while. since judge cannon joined this case, she has amassed a pile of motions. all of which she has yet to rule on. it is a...
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and that is why jack smith is so angry. he is essentially saying you can't hold this issue over our heads. and leave us in a position where the jury is seated and paneled, there is no opportunity for us to contest it. once that jury is in their seats, get it over with now. if we are going to appeal, we would like to do it now. >> our friend andrew weissman thinks if an appeal on this thing gets to the 11th circuit, it will reveurs cannon and she will end up bounced in this case. >> i do believe they will reverse her because she is clearly wrong on this issue. they have already reversed her twice. >> reversed her and condemned her. >> bouncing from the case, they might go back to that and say we reversed you twice. this is repeated. you clearly cannot be fair. it can be arguably made she has her finger on the scale in favor of the defendant in this case. donald trump. >> her finger, possibly her fist. maybe her whole arm. left foot as well. possibly. mark, most people out there have lives to live. most people don't have the
and that is why jack smith is so angry. he is essentially saying you can't hold this issue over our heads. and leave us in a position where the jury is seated and paneled, there is no opportunity for us to contest it. once that jury is in their seats, get it over with now. if we are going to appeal, we would like to do it now. >> our friend andrew weissman thinks if an appeal on this thing gets to the 11th circuit, it will reveurs cannon and she will end up bounced in this case. >>...
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this is the most important filing jack smith has done since the indictment itself. it's very hard nose. it says we're done with this, i'm not going to follow your suggestion, and moreover, judge, you need to rule on this now. you can't just keep dithering. if you don't, there are ways to, and it's the best method we can, we've been casting about, how do we get her off the case? there are ways to get the court above you to require you to do it, maybe you haven't done anything we can glom onto yet, now we're telling you, if you don't rule here, and you leave this possibility open, we are taking you up to the 11th circuit, and asking them to get you off the case. is that plain english enough? >> that's pretty good. trump's not play ago legal game, he's playing a political game. i'm done trying to understand the legal landscape because this is -- whether we like it or not we're playing trump's game, jack smith is, aileen cannon sure as hell is. and i want to understand how a judge is entertaining an argument that trump doesn't believe, here's trump, making abundantly cl
this is the most important filing jack smith has done since the indictment itself. it's very hard nose. it says we're done with this, i'm not going to follow your suggestion, and moreover, judge, you need to rule on this now. you can't just keep dithering. if you don't, there are ways to, and it's the best method we can, we've been casting about, how do we get her off the case? there are ways to get the court above you to require you to do it, maybe you haven't done anything we can glom onto...