As last week’s historic Supreme Court decision on presidential immunity continues to be absorbed in the public sphere, the majority’s expansive view of what is considered exempt from prosecution comes into stark relief. Given their unique perspectives, veteran prosecutors Andrew Weissmann and Mary McCord explore the knock-on effects the ruling will have on Donald Trump’s ongoing cases in Florida, New York and D.C. Note : Listeners can send questions to: [email protected]...
Jul 09, 2024•54 min•Ep. 92
As the fallout from the momentous Supreme Court decision on presidential immunity continues to reverberate, MSNBC legal analysts Andrew Weissmann and Mary McCord offer some updates, then turn to another significant ruling from the High Court out on Friday: Fisher v. U.S. At issue was whether the charge of obstruction of an official proceeding could be applied to Capitol rioters in the wake of their actions on January 6th. Despite the ruling in favor of the defendant, their guest Ryan Goodman of ...
Jul 02, 2024•45 min•Ep. 91
The consequential question before the Supreme Court on the limit and scope of presidential immunity has been decided, in three essential buckets. Veteran prosecutors Andrew Weissmann and Mary McCord decipher the ramifications for the former president, for the January 6th case brought by Special Counsel Jack Smith, and for the broad constitutional authority of the presidency itself. And they are joined by Trevor Morrison, NYU law professor and Dean Emeritus, to discern the finer points of the dec...
Jul 02, 2024•53 min•Ep. 90
There has been a slew of hearings before Judge Aileen Cannon in the Florida documents case over the past few days, and veteran prosecutors Andrew Weissmann and Mary McCord examine why some of these seem like unnecessary delays. Then, why Manhattan D.A. Alvin Bragg is asking for the limited gag order to continue in New York as Donald Trump awaits sentencing. And lastly, Mary and Andrew game out some scenarios as we hurry up and wait for the Supreme Court to decide on presidential immunity. Also, ...
Jun 25, 2024•52 min•Ep. 89
This week, MSNBC legal analysts Andrew Weissmann and Mary McCord dive deep into several pending motions, including Jack Smith’s pre-trial motion to modify Trump's conditions of release in the Florida documents case, which would effectively impose a gag order, just under a different legal principle. Plus: Trump’s push to end the post-trial gag order in New York. And what's at issue in the suppression motion also filed in Florida that Judge Cannon will hear next Tuesday. Last up: a preview of Fisc...
Jun 18, 2024•46 min•Ep. 88
Former President Trump awaits his sentencing in New York, but he wants the gag order lifted in the meantime. Is that typical? Veteran prosecutors Andrew Weissmann and Mary McCord break down that motion, and the mechanics of sentencing in the lead up to July 11th. They also highlight Attorney General Merrick Garland’s recent op-ed calling for an end to escalated assaults on our judicial system in the wake of Trump’s verdict in Manhattan. Last up, Andrew and Mary scrutinize Judge Cannon’s schedule...
Jun 11, 2024•45 min•Ep. 87
It’s been less than a week since the jury reached a verdict in Donald Trump’s criminal trial and the political spin on the result is dizzying. MSNBC legal analysts Andrew Weissmann and Mary McCord seek to debunk several claims entered into the public discourse, especially around the Department of Justice being involved in a state case and that the trial was somehow ‘rigged’. They also address some breaking news out of Wisconsin, where Kenneth Chesebro, Jim Troupis and Michael Roman were criminal...
Jun 04, 2024•50 min•Ep. 86
In a new special, Andrew Weissmann, Rachel Maddow and our team give an intimate and personal look inside the Trump courtroom. They tell some never-before-heard stories about what it was like to witness, firsthand, some of the most explosive moments of the trial. In addition to Rachel and Andrew, you'll hear from Joy Reid, Lawrence O’Donnell, Chris Hayes, Katie Phang, Lisa Rubin, Yasmin Vossoughian, and Laura Jarrett. Together, they share what it was like to witness history from the Manhattan Cri...
Jun 03, 2024•43 min
Donald J. Trump, the former president and presumptive 2024 Republican nominee, was found guilty on 34 felony counts of falsifying business records. Veteran prosecutors Andrew Weissmann and Mary McCord reflect on the gravity of the verdict and offer insights into what comes next in terms of sentencing and the appeals process.
May 31, 2024•48 min•Ep. 85
It’s a historic moment, as the country awaits the jury’s verdict in the first ever criminal trial of a former president. To assess the gravity of what each side needed to convey in summations, MSNBC legal analysts Andrew Weissmann and Mary McCord scrutinize the approach to closing arguments by both the defense and the prosecution. Then, they turn to the latest from the Florida documents case, where Judge Cannon and Special Counsel Jack Smith are at odds. The issue: Donald Trump’s ‘lies’ posted a...
May 29, 2024•57 min•Ep. 84
Ahead of Tuesday’s closing arguments in the first ever criminal trial of a former president, MSNBC legal analysts Andrew Weissmann and Mary McCord detail Tuesday’s crushing cross examination of Robert Costello by Susan Hoffinger, and what it means for the defense’s attempt to undermine Michael Cohen’s credibility. Then, what listeners should infer from the charging conference- as this determines what the jury can deliberate on. And big picture: what each side needs to accomplish in their respect...
May 24, 2024•48 min•Ep. 83
Donald Trump’s defense team rested on Tuesday without calling the former President to the stand. But some crucial points were made before the conclusion of Michael Cohen’s cross examination that veteran prosecutors Andrew Weissmann and Mary McCord explain in depth. They also weigh in on some courtroom tactics that worked and others that didn’t go over well from both the prosecution and the defense. Plus, Andrew and Mary detail some of the gambits used by defense witness Robert Costello that were...
May 21, 2024•50 min•Ep. 82
A recurring theme in Michael Cohen’s testimony this week was his evolving moral compass. Analyzing the last day of direct examination, veteran prosecutors Andrew Weissmann and Mary McCord draw out some distinctions to be mindful of, and what the intense cross examination from defense attorney Todd Blanche was alluding to. In their estimation, the state will need to address Cohen’s inconsistencies in redirect and closing arguments. Lastly, Andrew and Mary sum up what to expect next week as the tr...
May 17, 2024•51 min•Ep. 81
With Michael Cohen testifying in the New York criminal trial this week, MSNBC legal analysts Andrew Weissmann and Mary McCord take stock of the style and the substance of the assertions made by Trump’s former lawyer and ‘fixer’. Andrew was in the courtroom for the first day of Michael Cohen’s testimony and shares some first-person impressions as the prosecution continues to lay out the case. And he and Mary answer some listener questions on absent witnesses and the Speedy Trial Act.
May 15, 2024•52 min•Ep. 80
We head into the “eye of the storm” as MSNBC legal analysts Andrew Weissmann and Mary McCord explore the nature of Stormy Daniel’s testimony in depth, and why her credibility is less at issue than that of others who facilitated the hush payments to her. Then, they turn their prosecutorial expertise to understanding why the defense’s mistrial motion was denied by Judge Merchan. And lastly, Andrew and Mary detail what to glean from Judge Cannon’s indefinite postponement of the classified documents...
May 10, 2024•49 min•Ep. 79
As witness testimony continues today with Stormy Daniels in Donald Trump’s New York criminal trial, jurors also recently heard from former Trump advisor Hope Hicks and longtime Trump Organization controller Jeff McConney. After trading some testimony takeaways, veteran prosecutors Andrew Weissmann and Mary McCord get nerdy on the significance of exhibits 35 and 36. Plus, Judge Merchan gives a sober warning to Mr. Trump as he rules on another gag order violation. And an update on the Florida clas...
May 07, 2024•48 min•Ep. 78
As week three of Donald Trump’s criminal trial wraps up in New York, Andrew Weissmann paints a first-hand picture of the scene—both outside and inside the courtroom — after attending on Thursday. Then, he and fellow MSNBC legal analyst Mary McCord recount the gist of Keith Davidson’s testimony and cross-examination. And Andrew and Mary answer listener questions about the trial. For further reading: Here is the decision Andrew referenced of a 2020 order granting attorney fees between Stephanie Cl...
May 04, 2024•50 min•Ep. 77
Donald Trump’s New York criminal trial is back in session Tuesday, as Judge Merchan fines Trump $9000 for gag order violations. Last week, David Pecker wrapped up his testimony, detailing the catch and kill scheme, and jurors also heard from Trump’s assistant, Rhona Graff, and bank executive Gary Farro. After examining the art of cross-examination, veteran prosecutors Andrew Weissmann and Mary McCord note the options available to Judge Merchan as he hears a second set of alleged gag order violat...
Apr 30, 2024•46 min•Ep. 76
Yesterday, the Supreme Court heard arguments over Donald Trump’s claim of presidential immunity, which will have implications beyond whether he is shielded from criminal prosecution in the January 6th case. MSNBC legal analysts Andrew Weissmann and Mary McCord go deep on what arguments to pay attention to. This, as the New York trial wraps up a week of testimony from former AMI CEO David Pecker. And an analysis of the latest indictment related to election interference in the 2020 election, this ...
Apr 26, 2024•52 min•Ep. 75
Donald Trump’s lawyers argue before the Supreme Court that he should be granted immunity for his efforts to overturn the 2020 election results. Hear every word of the oral arguments in a case with potentially huge implications for Trump, the 2024 election and the nation’s rule of law.
Apr 25, 2024•2 hr 40 min
This week, Donald Trump’s New York criminal trial began in earnest with opening statements and testimony from former AMI CEO, David Pecker. MSNBC legal analysts Andrew Weissmann and Mary McCord break down the essence of the openings from both sides and how the statements will illuminate aspects of the trial in the coming weeks. Plus, Judge Merchan admonished the defense in Tuesday morning’s gag order hearing, saying that they were ‘losing all credibility’, but reserving a decision on the issue. ...
Apr 23, 2024•44 min•Ep. 74
The twelve-person jury has been seated in the New York criminal case against Donald Trump. MSNBC legal analysts Andrew Weissmann and Mary McCord detail the latest alleged gag order violations and give insights into the jury selection process. Then, they analyze District Attorney Alvin Bragg’s own words, through his Statement of Facts submitted in the State of New York against Donald J Trump, with excerpts read by acclaimed actors Glenn Close and Robert De Niro.
Apr 19, 2024•38 min•Ep. 73
On Monday, jury selection began in what is the first and potentially only criminal trial former President Trump may face before the November election. Veteran prosecutors Andrew Weissmann and Mary McCord detail the jury selection process and what to track about the motions being filed, including one to hold Trump in contempt for violating a gag order. And they look at arguments before the Supreme Court in the Fischer case, in which a January 6th rioter is challenging a lower court ruling that he...
Apr 16, 2024•46 min•Ep. 72
After the first day of jury selection in the New York criminal case before Judge Juan Merchan, Ari Melber leads special coverage on what’s at stake and what to expect in the coming weeks. This is the first-ever criminal trial of a former president, and to break down the historic significance, Ari is joined by Rachel Maddow, Andrew Weissmann, and other special guests. Listen to the full coverage here.
Apr 16, 2024•1 hr 24 min
As a bonus for listeners, we’re sharing the first episode of a special series from “Why Is This Happening? The Chris Hayes Podcast,” called “WITHpod 2024: The Stakes.” For the first time since 1892, we have an election in which both candidates have presidential records. It’s a unique chance to take a hard look at what both Joe Biden and Donald Trump have actually done as president. Chris Hayes talks to experts about both candidates’ records on specific policy areas. This week, Aaron Reichlin-Mel...
Apr 09, 2024•1 hr 6 min
Donald Trump is on the precipice of his New York criminal trial, a historical first for a former president. Veteran prosecutors Andrew Weissmann and Mary McCord give a primer on the who, what, when, where and why of Manhattan District Attorney Alvin Bragg’s case, as both sides prep for jury selection. Then they head to Florida, where tensions are elevated between Special Counsel Jack Smith and Judge Aileen Cannon over jury instructions and Judge Cannon’s handling of that case. For further readin...
Apr 09, 2024•51 min•Ep. 71
With the New York trial looming, veteran prosecutors Andrew Weissmann and Mary McCord set the table for what to expect: anticipating more delay tactics from Trump’s legal team, and the importance of Judge Merchan’s gag order reinforcement and clarification. They also look at several bar hearings held to decide whether John Eastman and Jeffrey Clark, among others, should lose their law licenses after their efforts to subvert the 2020 election results. For further reading, here is the Just Securit...
Apr 02, 2024•44 min•Ep. 70
Former President Trump was back in a New York courtroom on Monday, as Judge Merchan set a mid-April trial date for the hush money case against him brought by Manhattan District Attorney Alvin Bragg. Veteran prosecutors Andrew Weissmann and Mary McCord set expectations as the countdown to jury selection begins. Then, they turn to the appeals court decision, where Trump’s bond payment was reduced to $175 million in the New York civil fraud case. Lastly, Andrew and Mary survey what to keep an eye o...
Mar 26, 2024•43 min•Ep. 69
Veteran federal prosecutor Andrew Weissmann welcomes back his colleague and co-author Melissa Murray for the second in this special two-part series of Prosecuting Donald Trump . Their book: The Trump Indictments : The Historic Charging Documents with Commentary, collects the four unprecedented indictments against Donald Trump and features extensive commentary from the co-authors. Andrew and Melissa share some takeaways from the Florida classified documents case brought by Special Counsel Jack Sm...
Mar 22, 2024•50 min
Veteran federal prosecutor Andrew Weissmann welcomes his colleague and co-author Melissa Murray for a special two-part episode of Prosecuting Donald Trump . Their new book: The Trump Indictments : The Historic Charging Documents with Commentary, collects the four unprecedented indictments against Donald Trump and features extensive footnotes, commentary and a cast of characters from the co-authors. In this first episode, Andrew and Melissa listen to audio of the indictments as recorded by acclai...
Mar 21, 2024•47 min
