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Explorez tous les épisodes du podcast Justice Matters with Glenn Kirschner

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Jack Smith Has Grand Jury Vote On A NEW INDICTMENT For Donald Trump30 Aug 202400:17:05

In the wake of the horrific Supreme Court opinion granting presidents immunity for committing democracy-busting crimes against the American people, Jack Smith decided to seize the initiative. Rather than waiting until the litigation before Judge Tanya Chukka to sort out the implications of the new Supreme Court ruling, Smith went before a new grand jury, and presented only evidence of Trump's unofficial acts that violated the law - removing from the case Trump's acts that could have run afoul of the Supreme Court ruling - and asked the grand jury to vote out a new indictment.

The good news on the accountability front is that even removing evidence of Trump's "official presidential acts" from the case, the grand jury STILL concluded that there was ample evidence to indict Trump on the same four felonies that appeared in the original indictment.

Glenn does a deep dive in the smart, strategic, and tactical choices by Smith in securing this superseding indictment.

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Jack Smith Files Appeal of Judge Cannon's Dismissal of Trump's Case BUT WHY No Motion to Remove Her?29 Aug 202400:13:00

Special Counsel Jack Smith has filed his appeal of Judge Aileen Cannon's dismissal of Donald Trump's classified documents/obstruction of justice/espionage case, urging the 11th Circuit Court of Appeals to reverse her lawless ruling. Because Judge Cannon has been found to have abused her discretion and reversed twice previously, many were expecting Smith to FINALLY ask the appeals court to remove her from presiding over Trump's case. When it was discovered that Smith AGAIN declined to seek her removal, social medial exploded with one question: "Why won't Smith seek to disqualify such an obviously biased judge?" As legal analyst Joyce Vance noted in her Civil Discourse newsletter: "Jack Smith's brief is in. Here are a few quick thoughts on what is in the brief, but perhaps of more interest is what isn’t included. Smith did not ask the court to reassign the case to another district judge on remand if he’s successful in the appeal." Glenn discuses the possible reasons for Smith's decisions thus far, and why, if the appeals court reverses Cannon AGAIN, the third time may be the charm.

Link for Joyce's newsletter: https://joycevance.substack.com/

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New York Judge Merchan REJECTS Trump's Latest Motion To Recuse16 Aug 202400:08:53

Judge Juan Merchan, the judge presiding over Donald Trump's New York State court case - in which a jury convicted Trump of 34 felony crimes - has again rejected Trump's attempt to derail the case by seeking Merchan's recusal.

We are now one step closer to seeing Trump sentenced for his crimes.

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Allen Weisselberg Sentenced AGAIN for Perjury12 Apr 202400:12:22

Donald Trump's longtime Chief Financial Officer Allen Weisselberg was sent back to Rikers Island after pleading guilty to committing perjury at Trump's New York fraud trial. Weisselberg had served time at Rikers previously after pleading guilty to being involved in a 15-year-long criminal scheme to defraud in the first degree while serving as the CFO for the Trump Organization. Given that Weisselberg has steadfastly refused to cooperate with the prosecutors and testify against Donald Trump, Manhattan District Attorney Alvin Bragg appears to have made the strategic decision to prosecute him for perjury, making it all the harder for Trump to call Weisselberg as a defense witness at Trump's upcoming criminal trial in an attempt to undercut the prosecution's star witness Michael Cohen.

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Judge Merchan to Instruct Jury: This is a "2016 Election Interference" Case11 Apr 202400:11:24

There are two good news stories to report. First, a New York appeals court judge rejected Donald Trump's attempt to stop his trial from beginning on April 15th. But; in a lesser-covered development; Judge Juan Merchan shared how some of the jury selection procedures will work. People often refer to Trump's New York prosecution as the "hush money" case. However Glenn and others refer to it as an "election interference" case: Trump criminally falsified business records to cover-up hush money payments to gain unfair advantage in the 2016 presidential election.

Judge Merchan has revealed how he will instruct the jury on the "nature of the case" at the start of the trial: "The allegations are in substance, that Donald Trump falsified business records to conceal an agreement with others to unlawfully influence the 2016 presidential election." So indeed, the jury will be instructed that this is a case involving allegations that Trump interfered in the 2016 presidential election.

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Trump Tries to Delay his 2016 Election Interference Trial by Suing Judge Juan Merchan 10 Apr 202400:06:59

Donald Trump and his lawyers have again reached into their dirty little bags of tricks in a desperate effort to stop his first criminal trial from beginning on April 15th. Trump is suing the presiding judge, Juan Merchan, as The New York Times reports: "Trump to sue judge in last-ditch attempt to avert Manhattan trial." Glenn says this desperate Hail Mary will fail, just as it failed when Trump sued Judge Engoron to try to prevent his NY fraud trial from getting under way.

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New York Attorney General Tish James Challenges Trump's $175 Million Bond09 Apr 202400:12:17

So it looks like the person that put up the $175 million bond to stop New York Attorney General Leticia James from seizing Trump's properties - a guy named Don Hankey - is not actually credentialed to do business in New York. Accordingly, Attorney General James filed a "notice of exception" to the bond, and Judge Arthur Engoron has now set a hearing for April 22nd. Glenn wonders if seizing Trump's properties might once again be back in play?

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Trump Criticizes Judges Engoron, Chutkan, McAfee, and Kaplan - BUT PRAISES Judge Cannon!08 Apr 202400:12:15

If it already wasn't crystal clear that Trump-appointed Judge Aileen Cannon should be removed from presiding over the prosecution of the very defendant who bestowed upon her a lifetime appointment as a federal judge, it is now beyond reasonable dispute. Judge Cannon ruled AGAINST Trump, denying his motion to dismiss the 32 espionage counts in his Florida federal prosecution, yet Trump then praised her and attacked Special Counsel Jack Smith for telling her - in a court filing - that she was wrong. However, Cannon denied the motion signaling that she will revisit it (and may very well grant it) once the trial starts, in which case Smith will not be able to appeal the dismissal.

Given Cannon's pro-Trump bias, the public will never be able to have confidence in the outcome of Trump's Florida prosecution unless Cannon is removed and a fair, impartial and unbiased judge is assigned to preside over the case.

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Jack Smith Tells Judge Cannon: Your "Legal Premise is WRONG"05 Apr 202400:20:24

Special Counsel Jack Smith just filed a motion in Donald Trump's federal prosecution that is a direct and searing criticism of the conduct of Trump-appointed judge Aileen Cannon. Glenn reviews the new court filing by Smith and determines he's now closer than ever to filing a motion to remove Judge Cannon from presiding over a case in which the defendant - Donald Trump - is the very person who gave Cannon her lifetime appointment to the federal bench.

Link to new Jack Smith court filing:

https://storage.courtlistener.com/rec...

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Did Trump ALREADY Violate Judge Merchan's Expanded Gag Order?04 Apr 202400:14:41

On Monday, New York Judge Juan Merchan issued an expanded gag order prohibiting Donald Trump from talking about the family members of the judge, prosecutors and their respective staffs.

On Tuesday, Trump reposted comments by a Fox broadcaster talking about Judge Merchan's daughter.

Did Trump already violate the expanded gag order? And if so, will judge Merchan impose the 30 day jail term that is authorized under New York law for such criminal contempt?

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Trump Files Another Motion to Delay His Trial03 Apr 202400:17:28

In an absurd legal brief, Trump's lawyers file a motion with New York State court judge Juan Merchan asking him to delay the April 15th trial date because there is too much publicity surrounding Trump and his crimes. And because too many potential jurors in New York already believe Trump is guilty.

Glenn takes on Trump's ridiculous motion seeking more delay in the commencement of his trial and also discusses where the presumption of innocence applies and where it doesn't.

Link to his earlier article on the presumption of innocence:

https://www.nbcnews.com/think/opinion...

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Trump Disrespects ALL Police Officers by Promising Pardons to January 6th Insurrectionists02 Apr 202400:07:22

Donald Trump thinks he can do one political photo op - attend the funeral of a slain NYPD police officer - and it will erase the FACT that he sent a mob to the US Capitol on January 6th to "fight like hell" and "stop the steal." His supporters proceeded to attack, beat and assault more than 100 police officers. Trump responded by telling the attackers he "loves them," that the are "very special," and that they should "never forget" that day." Then, he pledged to pardon them for the horrendous assaults they committed on police officers.

How dumb, gullible, and naive does Trump think police officers are - that they would support Trump and his efforts to pardon those who attacked police officers on January 6th?

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John Eastman to be Disbarred & Jeffrey Clark Pleads the 5th01 Apr 202400:10:51

It's been a really bad couple of days for two Trump-affiliated lawyers, John Eastman and Jeffrey Clark. After a bar counsel ethics trial, a California judge ruled that John Eastman - one of the architects of the fake elector scheme - should be disbarred, saying that his "actions were carried out with deceit or dishonesty" and his plan to derail Joe Biden's election victory "was unlawful and lacked any factual or legal support." Former DOJ official Jeffrey Clark is contending with his own disbarment hearing in Washington, DC. When given the opportunity to testify in the hearing Clark repeatedly pleaded the 5th - invoking his 5th Amendment right against self-incrimination. Of course, disbarment may be the least of Eastman and Clark's worries, as both are charged co-defendants with Trump in his Georgia state RICO prosecution. And both are also un-indicted co-conspirators in Trump's federal prosecution in DC. Only the best people.

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Trump Pledges To Pardon J6 Defendants; Let's Meet One Defendant Who Was Just Sentenced To 20 Years15 Aug 202400:08:44

Donald Trump repeatedly has pledged to pardon the insurrectionists who attacked the US Capitol on January 6th and assaulted 140 police officers in their attempt to stop the certification of Joe Biden's election win and keep Trump in office. Judge Royce Lamberth just sentenced J6 defendant David Dempsey to 20 years in prison for his crimes of violence against police officers on January 6th. Another defendant told a judge at his arraignment, "Trump is going to be in office in six months, so I have nothing to worry about."

Glenn says: If you needed any additional inspiration to go to the polls on November 5th, here it is.

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Why Does the Government Think the Laws Apply Differently to Donald Trump?29 Mar 202400:13:39

There can be no reasonable dispute but that the institutions of government - particularly the Department of Justice - apply the rules, the laws, and the Constitution differently to Donald Trump than to the rest of us. And we are forever asking ourselves . "Why is this happening?" Glenn tries to take on that question by drawing from his decades of experience at the Department of Justice. It seems the American people will have to get to the polls and take his power away - thereby recalibrating the institutions of government so that the laws are applied equally for all of us.

Here's the link for his piece written for MSNBC Daily:

https://www.msnbc.com/opinion/msnbc-o...

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Trump's Hat Trick of Shut Up28 Mar 202400:13:56

New York State Judge Juan Merchan imposed a gag order on Donald Trump. This is the 3rd gag order judges have felt compelled to issue to Trump to protect witnesses, jurors, court and prosecutorial staff, and family members. What does this say about the way our criminal justice system deals with a dangerous defendant who in on pretrial release in four felony cases? Glenn says Trump should be detained pending trial to protect everyone involved.

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A Tale of Two Cases: The Good News and the Bad News27 Mar 202400:13:49

New York State court judge Juan Merchan seems fed up with the incessant attempts by Trump and his legal team to delay his criminal trial for interfering in the 2016 election by making hush money payments and falsifying business records to cover them up. Judge Merchan ruled that Trump's NY prosecution will begin with jury selection on April 15.

In another legal development, a New York appeals court inexplicably reduced the amount of the bond Trump must put up to appeal the massive money judgement entered against him in his business fraud trial. The bond amount was suppose to be $464 million. Yet without any explanation, analysis, or citation to legal authority, the appeals court ordered the bond reduced to $175 million. This is an especially curious development as it comes just days after Trump boasted on social media that he had close to a half-billion dollars of cash on hand.

One thing seems pretty clear: many of our institutions of government - particularly the federal government - seem to have concluded that the rules, the laws, and the Constitution apply differently to Trump than to everyone else.

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Manhattan DA Alvin Bragg Gets April 15th Trial Date for Trump's Hush Money Case26 Mar 202400:14:48

New York District Attorney Alvin Bragg filed a motion seeking a firm trial date to start his criminal prosecution of Donald Trump for falsifying business records to interfere in the 2016 presidential election by covering up hush money payments. The presiding Judge, Juan Merchan, granted the motion.

Glenn also takes on the issue of why Judge Merchan denied Trump's motion to try to stop Michael Cohen from testifying in the upcoming trial, and why there's actually a standard jury instruction regarding how juries should evaluate the testimony of a witness who may have lied under oath previously.

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New York AG Letitia James Put Liens on Trump's Seven Springs Mansion25 Mar 202400:09:32

Donald Trump's financial world is crumbling, and there is little he can do to stop it. New reporting shows: he may be forced to sell Mar-a-Lago in a "fire sale"; he has a court-appointed monitor watching his every move to make sure he doesn't move, transfer, dispose of or hide any of his assets; and New York Attorney General Letitia James has now filed a lien on Trump's Westchester County mansion Seven Springs. 🎵We all need somebody to lien on 🎶 Thanks Letitia!

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Judge Cannon Continues Do Favors for Trump in His Espionage Case22 Mar 202400:20:40

Judge Aileen Cannon owes her lifetime appointment as a federal judge to Donald Trump. Yet, with that obvious appearance of a conflict of interest, she continues to preside over his federal prosecution for unlawfully possessing classified documents, obstructing justice, and violating our nation's espionage laws.

Even after an appellate court found she abused her judicial discretion by previously ruling to the benefit of Trump in ways the law did not allow, she continues to issue orders that are rightly described in the following USA Today headline: "Judge in Trump classified documents case proposes 'insane' jury instructions, experts say."

Glenn does a deep dive into the Presidential Records Act and Judge Cannon's latest order proposing jury instructions that work to Trump's extreme advantage but have no basis in the law.

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Trump Says he CANNOT Post Bond in New York Business Fraud Case21 Mar 202400:10:50

In a new court filing, Donald Trump admitted that no surety or insurance company is willing to extend him a bond to cover his half-a-billion-dollar fraud judgment. This means that New York Attorney General Letitia James will begin the process of seizing Trump's properties to satisfy the judgment she won on behalf of the people of New York.

Glenn goes through some of the more absurd portions of Trump's new court filing which implores the New York appeals court to allow him more time to put up a bond as required by law. In a move that is as stunning as it is expected, even in this new court filing - Trump again grossly inflates the value of his Florida property, Mar-a-Lago.

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How Should the Courts Respond to Trump's Promise of a "Bloodbath"?20 Mar 202400:07:51

Donald Trump is on pretrial release in four felony cases. In the past - he's used inflammatory rhetoric to inspire and incite an attack on the US Capitol on January 6th to try to retain power. Now, Trump has ratcheted up his violent rhetoric, promising a "bloodbath" if he is not reelected. In the criminal justice system, the law provides that if someone on pretrial release poses a danger to even a single person in the community, they should be revoked on release and detained pending trial. Trump is signaling to his supporters that he expects them to respond with violence if he loses. Will prosecutors, the courts, and the institutions of government receive Trump's latest violent rhetoric with a shrug? Or will they protect the American people by applying the law as it is intended to be applied and detain him pending trial?

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Judge Cannon Gives Trump Permission to File Another Motion to Dismiss His Charges19 Mar 202400:20:33

In what should be viewed as a break glass moment - and the final straw on the recusal front - Trump-appointed Judge Aileen Cannon delivers Trump an absolute gift. Although she denied Trump's motion to dismiss his 32 espionage charges, she denied the motion "without prejudice." This means Trump can raise the motion again during the trial, at a time when - if she decides to dismiss the charges - Special Counsel Jack Smith COULD NOT APPEAL HER DISMISSAL.

Judge Cannon is virtually trumpeting her bias in favor of the defendant - the very person to whom she owes her lifetime appointment as a federal judge. Glenn delves into Judge Cannon's ruling and why this act should be the last straw, prompting Smith to finally file a motion to have Cannon removed from the case.

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Trump-appointed Judge Aileen Cannon Holds Hearing on Two of His Motions18 Mar 202400:13:26

Donald Trump's favorite judge and benefactor, Aileen Cannon, held an all-day hearing on two of Donald Trump's motions to dismiss his federal prosecution in Florida for unlawfully retaining classified documents, obstructing justice, and violating our nation's espionage laws. Glenn gives us three of his top takeaways from the court hearing.

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Trump Says He "Intends" To Sue DOJ For Malicious Prosecution14 Aug 202400:17:38

Donald Trump has filled notice that he intends to sue the Department of Justice for maliciously prosecuting him in the Mar-a-Lago classified documents case. Glenn discusses the procedural hurdles to suing the federal government under the Federal Tort Claims Act, and why this feels more like another Trump PR stunt that he will use to whip up support from his base and continue to grift money from his supporters.

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Georgia Judge Scott McAfee Dismisses 3 Charges Against Trump15 Mar 202400:12:02

Judge Scott McAfee, who's presiding over the Georgia state RICO prosecution, granted a defense motion to dismiss six of the charges in the indictment, including three of the charges against Donald Trump. Judge McAfee ruled there wasn't enough specificity in the indictment regarding the precise nature of the crimes being charged. However, the judge told prosecutors - they can cure the technical defect in the indictment by re-indicting the charges with greater specificity. Glenn reviews the law surrounding charging with specificity and Judge McAfee's ruling.

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Mar-a-Lago Employee Speaks Out About Trump's Classified Documents Case14 Mar 202400:23:23

A longtime Trump employee named Brian Butler has come forward with some of the incriminating information he has regarding the conduct of Trump and his two co-defendants, Walt Nauta and Carlos De Oliveira. Butler was identified only as "Trump employee 5" in Trump's federal indictment in Florida for unlawfully concealing classified documents, obstructing justice, and violating our nation's espionage laws. Butler said he hired his own attorney rather than accepting an attorney provided by Donald Trump. He also indicated that he's been cooperating with federal law enforcement authorities from the very beginning. Butler said he's sharing his story now to counter Trump's false claim that the case against him is a "witch hunt". Glenn covers three of the main takeaways from the new revelations by Brian Butler.

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Navarro Ordered to Prison; Trump Defames E. Jean Carroll AGAIN; Trump Loses BIGLY at the Oscars13 Mar 202400:12:11

In three new developments: Judge Mehta orders Peter "Green Bay Sweep" Navarro to report to prison on March 19th; Donald Trump posts a $90 million bond for defaming E. Jean Carroll and promptly defames Ms. Carroll again; and Trump looses big time at the Oscars (and he wasn't even nominated).

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Judge Juan Merchan Rules Jury Will Be Anonymous in Trump's First Criminal Trial12 Mar 202400:13:44

Donald Trump's first criminal trial is set to begin on March 25th. New York state court Judge Juan Merchan has ruled that the jury will remain anonymous in Trump's 2016 election interference case, involving hush money payments and falsification of business records. According to NBC News, Judge Merchan said he 's ordering the jury to remain anonymous "citing a likelihood of bribery, jury tampering, or of physical injury or harassment of jurors". Glenn says the important thing to remember is the motive in the case which was to keep Trump's intimate escapades a secret prior to the election..

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After Losing All Cases in the U.S., Trump Loses One in the U.K.11 Mar 202400:08:01

Donald Trump has lost civil trial after civil trial in the US. Now, he's an inter- continental loser as the BBC just reported, "Donald Trump told to pay six-figure cost of firm he sued." This latest Trump loss involves a suit he brought against Christopher Steele's consulting firm for information that became public from the Steele Dossier. But this loss comes with a twist: Trump is the one who filed the suit - a suit that the judge ruled was "bound to fail". As a result, the judge ruled that Trump must "pay the costs of the entire claim" to the party he sued. So much . . . losing.

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Trump Begs New York Judges to Lower His Appeal Bonds08 Mar 202400:10:35

Donald Trump is sending his lawyers from one New York courtroom to another, making them repeatedly ask judges to reduce the amount he must put up to appeal his massive losses in both the E. Jean Carroll case and his NY fraud case. Judge Kaplan and Judge Engoron have both told Trump's lawyers they won't reduce the amount. This is unsurprising, given that Trump recently boasted that he is worth $14 billion. So putting up $83 million in one case and a half-billion in the other should be a financial walk in the park for Trump. Of course, if he really was worth that much, he would not have to keep making the embarrassing ask of the judges to reduce the amount he must put up to appeal his cases.

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Trump's Financial Officer Allen Weisselberg Pleads Guilty to Perjury in N.Y. Fraud Trial07 Mar 202400:07:30

Donald Trump is forever saying he hires only "the best people." Recent developments seem to suggest otherwise. Trump's long-time Chief Financial Officer Allen Weisselberg, was previously convicted of participating in a 15-year-long scheme to defraud in connection with his work at the Trump Organization, and he went to prison. Upon his release, he was called as a witness at Trump's New York fraud trial and Weisselberg committed perjury, lying in an attempt to help his boss. Weisselberg has now pleaded guilty to perjury charges and is heading back to prison.

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The Supreme Court Rules that States CAN'T Disqualify Insurrectionists from their Ballot06 Mar 202400:19:16

The United States Supreme Court has dealt American democracy a gut-punch, ruling that state election authorities CANNOT keep an insurrectionist off the state presidential primary ballot... even after a state trial court and State Supreme Court ruled that a person HAD engaged in insurrection against the U. S.

But all is not lost: the Supreme Court said there's a remedy . . . Congress can legislate and come up with a statutory scheme by which insurrectionists CAN be kept out of federal office. What are the real-world implications of this kind of Supreme Court ruling? The court puts the disqualification issue in the hands of people like Speaker of the House Mike Johnson (who fought to have Donald Trump remain in office in 2020 contrary the the expressed will of the American voters), and in the hands of people like Jim Jordan and James Comer and Matt Gaetz and Marjorie Taylor Greene. These are the people the Supreme Court has empowered to disqualify insurrections from holding federal office.

But let's not forget, several members of Congress sought presidential pardons for their conduct on and around January 6th, 2021, supporting the inference that they, themselves, are insurrectionists. Do we really expect them to work against their own interest in retaining power? Glenn reviews the folly of today's Supreme Court ruling.

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Judge Aileen Cannon Sets NO TRIAL DATE in Trump's Classified Documents/Obstruction/Espionage Case05 Mar 202400:09:07

In a move that again highlights why Judge Aileen Cannon should be recused from presiding over Donald Trump's federal prosecution in Florida, she refused to set a trial date during a hearing on Friday. This is inexplicable given that Jack Smith proposed a trial date of July 8th and Trump's lawyers proposed one for August 12th. This prompted Jack Smith's prosecutor to tell Judge Cannon that the one thing the parties seem to agree on is that there can be a summer trial date - which would at least get the case tried before the November presidential election. But Judge Cannon said she was "skeptical" of the case being ready to be tried this summer, even though Trump's lawyers said they could do it. The federal law requires that a judge "shall" recuse themself from presiding over a case "if their impartiality might reasonably be questioned." Judge Cannon's lack of impartiality was again on full display in that Florida courtroom on Friday.

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The Supreme Court Gives Trump a "Get Out of Jail Free" Card04 Mar 202400:13:35

In a stunning development, the Supreme Court not only decides to take up on appeal Donald Trump's absurd, baseless presidential immunity claim, but they won't even hear oral arguments in the case for nearly two months. And it could take them weeks or months thereafter to decide the case, making it unlikely that Trump's trial for trying to overturn the results of the last presidential election will take place before the next presidential election.

So the Supreme Court has made it clear that they will not allow the rule of law to assist in saving American democracy. Of course, the rule of law did not save American democracy in 2020 when Trump tried to steal the election. It was the American voters that saved democracy. And it will be up to the voters to save democracy again come November 2024.

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Trump Gets Hacked and the Chickens Come Home To Roost13 Aug 202400:08:24

Remember when Donald Trump urged Russia to hack U.S. computer systems to interfere in the 2016 presidential election? You know, when he said, “Hey Russia, if you’re listening, I urge you to find the 33,000 missing emails.”? Well, talk about your chickens coming home to roost - it looks like the Trump campaign was just hacked by foreign actors.

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Trump Must Pay Up in NY Fraud Case or His Properties Might Be Seized01 Mar 202400:13:43

Donald Trump is now in the " F around and find out" stage of his long life of fraud. He must put up more than $450 million in either cash or a bond if he wants to stop New York Attorney General Leticia James from beginning to satisfy the money judgment against him by seizing his property. Insultingly, Trump told the court he will only put up a bond in the amount of $100 million because he doesn't want to have to sell his properties to put up the rest of the money he owes. The New York courts are very likely to tell Donald "Sorry - that's not the way it works."

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Jack Smith's Court Filing in Trump's Espionage Case - Rips Apart His "Selective Prosecution" Claim29 Feb 202400:10:27

Donald Trump is once again turning to Judge Aileen Cannon, hoping that she'll throw him a lifeline. Trump filed a motion to dismiss his obstruction of justice/ espionage/ stolen documents case - claiming that he's the victim of selective prosecution. In other words, Trump alleges that other people who committed the same crimes he committed - haven't been prosecuted, therefore it's unfair to prosecute HIM. Special Counsel Jack Smith has filed his reply to Trump's absurd selective prosecution claim - and Smith's court filing reads like an argument to a jury. In this podcast - Glenn reviews the court filing and highlights why Trump's selective prosecution claims should be rejected.

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D.A. Alvin Bragg Seeks a Gag Order for Trump in his First Criminal Trial28 Feb 202400:10:48

It's beginning to feel like the Trump show is in reruns, as gag orders again make an appearance in the Trump trials.

Trump may have lost all his civil cases, but his first criminal trial has yet to commence. HIs first prosecution is set to begin in New York on March 25th. Manhattan District Attorney Alvin Bragg has now filed a motion seeking a gag order in an attempt to protect the witnesses, the jurors, the prosecutors and the court staff from Trump's dangerous and reckless rhetoric, and the threats and violence Trump's rhetoric is designed to inspire.

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Rep. Nadler Seeks DOJ Investigation of Russian Lies that Lead to Biden Impeachment Inquiry27 Feb 202400:10:40

We are learning more about how Republican Congressmen Jim Jordan and James Comber came to use Russian lies provided by Alexander Smirnov as the basis for an impeachment inquiry of an American president. It turns out that Bill Barr tasked a Republican, Trump-appointed US Attorney named Scott Brady to vet the truthfulness and accuracy of the claims being made by Smirnov about alleged bribes being paid to the Bidens - information that proved to be Russian disinformation. Now, Rep. Jerry Nadler has formally asked the Department of Justice to investigate Scott Brady to determine if the prosecutor may have laundered disinformation from Smirnov in Congressional testimony.

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Jim Jordan & James Comer Use Russian Disinformation as a Basis to Impeach Joe Biden26 Feb 202400:16:14

Now that we know that Representatives Jim Jordan and James Comer used Russian lies/disinformation to try to impeach President Biden, what should happen to them moving forward? Should they be investigated to determined if they were complicit in a conspiracy with Russia to defraud the United States and interfere in a presidential election?

Glenn takes on the implications of the recent arrest of Alexander Smirnov, Jordan and Comer's star witness who admitted telling lies about Hunter and Joe Biden, and revealed those lies were fed to him by Russian operatives.

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What if Trump Can't Pay His Massive Half a Billion Dollar Judgements?23 Feb 202400:10:26

Donald Trump has had three massive money judgments entered against him by judges and juries alike. What happens next? Can he get out of it by stalling with appeals? What will the courts do? Property seizures? Liens? Bankruptcy?

Glenn discusses Trump's financial . . . predicament, and how he really has no way out this time.

Link to Politico article https://www.politico.com/news/2024/02/16/trump-civil-judgments-what-to-know-00142034#:~:text=What%20happens%20if%20he%20resists,could%20begin%20seizing%20Trump's%20assets.

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Trump's Second Criminal Trial May Not Be in Florida22 Feb 202400:11:30

New York Judge Juan Merchan has set Donald Trump's first criminal trial for March 25th. That trial is likely to conclude in early May. At the moment, Trump's second criminal trial is set for May 20th. But that case - his federal trial in Florida for unlawfully retaining classified documents, obstructing justice and violating our nation's espionage laws - is being presided over by Trump-appointed Judge Aileen Cannon. Judge Cannon has shown a willingness to cater to Trump, so she may end up cancelling the May 20 trial date in accordant with Trump's request.

Glenn says some people might think this would be a win for Trump. But in reality, this could actually represent a positive development on the quest to hold Trump accountable for his crimes.

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So Far, 3 Juries Have Ruled Against Trump - Is This an Omen?21 Feb 202400:07:48

Many people are asking the question: "Can prosecutors really impanel fair and impartial juries to decide the many criminal cases against Donald Trump?" Glenn discusses the selection of the juries that have just ruled against him. Over the course of three trials; 3 juries (totaling 30 jurors) have unanimously found against Donald Trump and his namesake, the Trump Organization. These results provide some important foreshadowing regarding how future juries are likely to resolve the four criminal cases pending against Trump.

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DA Fani Willis' Testimony in Misconduct Hearing Exposes Trump's Lies About Her20 Feb 202400:21:55

Georgia District Attorney Fani Willis testified in court to refute the allegations leveled against her by the attorneys who represent Donald Trump and his co-defendants in the Georgia RICO case which was brought against them for trying to steal the 2020 election from the people of Georgia. Some critics say Willis' testimony was too loud, too aggressive, too strident, or too angry. But that is nonsense. DA Willis directly and forcefully refuted the lies the defendants told about her in an effort to distract attention away from the overwhelming evidence of their guilt. Glenn discusses the tactic often employed by defendants in criminal cases when the evidence against them is strong: attack the prosecutors.

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Trump Losing Streak Continues with Massive $450 Million Penalty in NY Fraud Trial19 Feb 202400:12:21

Donald Trump is on an impressive losing streak in his civil trials. He lost in the 1st E. Jean Carroll trial; the 2nd E. Jean Carroll trial, and now his New York business fraud trial. Trump's unabated string of trial losses in his civil cases actually provide some important foreshadowing regarding what will happen in his upcoming criminal trials. Glenn reads his new new piece for MSNBC and discusses what he thinks will happen when his criminal trials begin.

Link: https://www.msnbc.com/opinion/msnbc-o...

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Jack Smith Asks For and Gets a 3 Week Delay In Trump's DC Criminal Case12 Aug 202400:18:38

Special Counsel Jack Smith asked for a rare delay in Donald Trump's DC prosecution for trying to overturn the results of the 2020 presidential election. This development inspired speculation that Smith is now trying to delay the case or maybe that he's not up to the task of prosecuting Trump. This speculation is nonsense. Smith and his team have been going gangbusters after Trump and his criminal cabal. The reasons for the requested delay can be gleaned from the language Smith included in his motion to Judge Tanya Chutkan seeking the delay.

As a career federal prosecutor, Glenn had the experience of struggling to get the higher-ups at the DOJ to make decisions that would allow him to move forward in his cases. He includes his experiences in that regard.

Indeed, one of those experiences ended up as part of the 2019 movie "Georgetown" by Christoph Waltz.

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Donald Trump's New York Hush Money Trial is Set for March 25th16 Feb 202400:10:29

As it turns out - the first case in which Donald Trump was criminally indicted will be the first case to go to trial. Judge Juan Merchan reaffirmed that Trump's 2016 election interference/hush money/falsifying business records case will begin on March 25th. Judge Merchan issued a 30-page order denying all of Trump's various motions to dismiss the case. Glenn reviews and summarizes the judges denial of all Trump's motions to dismiss the case against him.

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SCOTUS: Jack Smith has One Week to Respond to Trump's Request For Stay in DC Case15 Feb 202400:12:00

Donald Trump's attorneys have filed a brief asking the Supreme Court to put his DC federal trial on a slow track to nowhere. Trump is seeking a stay (or pause) in his prosecution for trying to overturn the results of the 2020 presidential election. But the Supreme Court seems to be stepping up the pace by asking Special Counsel Jack Smith to file his reply to Trump's request in only seven days. Glenn also discusses Trump's attempt to deceive the court by claiming in the filing that the judges decisions in the trial and appellate courts are a breach of precedent and historical norms.

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Will the Supreme Court Grant Trump's Request to Pause his DC Trial?14 Feb 202400:13:15

Donald Trump is asking the courts to make up something that does not exist in the law: absolute presidential immunity against being prosecuted for crimes committed while in office. Both the trial court judge and a three-judge appellate court panel ruled that there is no such thing as absolute presidential immunity. Trump has asked the United States Supreme Court to put a hold on his criminal case in DC rather than let it move in the direction of trial. Trump's suspected goal is to delay the case until after the 2024 presidential election in hopes of winning the White House and then ordering his Attorney General to dismiss the federal cases against him.

Glenn discusses why the Supreme Court should neither grant the stay/pause of Trump's DC trial for attempting to overturn the 2020 presidential election nor take the case of presidential immunity up on appeal.

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