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barbara mcquade served as u.s. attorney for the eastern district of michigan and she is a professor of law at the university of michigan. lynn kershner a former prosecutor for the district of columbia and they both join me now. i couldn't think of better folks for joining me tonight to get us started. i don't know about you, did you expect the superseding indictment for jack smith at this time? >> no i really didn't. what i thought he would do is peer down the indictment filing an amended indictment to comply with the court's order. the court said the scheme relating to the justice department was official contact and had to come out because a prosecutor can remove language from an indictment without going back to the grand jury, but if you change any of the allegations and put any new material in, you must go back to grand jury and have them return the indictment. here, as you point out, they have reframed the case even though not much is different. the first words of this are not donald trump was a 45th president

attorney and msnbc contributor barbara mcquade. barbara, we both eboth know very rare to here from a sitting supreme court justice like that. first, i want to get your reaction on this superseding indictment against donald trump. we pointed out one of the key differences regarding taking out some of the department of justice stuff that was in the initial indictment, but what else stood out to you here? >> well, i think one of the things that is important to note here in complete contradiction to what we're hearing from donald trump and from j.d. vance, the reason that this new indictment was presented to a grand jury and then returned by a grand jury was to make sure that the indictment was untainted by any evidence that has been deemed to be immune. and so the prior grand jury had returned an indictment, but they had heard all of this testimony about abuse of the justice department. and so one could argue theoretically that that grand jury heard some things they weren't supposed to hear when they indicted that first case. and so t

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barbara mcquade, former u.s. attorney and law professor at the university of michigan law school.rom within how disinformation is sabotaging america. barbara, rachel has a question for you. >> would you ask one question about it for me if you don't mind? the hush money case, the stormy daniels hush money case. that was a state prosecution that was brought after federal prosecutors under sketchy circumstances involving bill barr decided not to pursue things. new york state prosecutors brought that prosecution on essentially the same fact pattern that federal prosecutors walked away from. in this case i know there's a statute of limitations issue, but statute of limitations arguably stops when a person in new york state moves and becomes a resident of florida. if this were a crime, if this were something that was a tax crime or election crime or some other sort of crime is it possible that state prosecutors in, say, new york were donald trump thanks that they could look at this and might have different statute of limitations issues than the federal prosecutors who blew it off? >> ba

barbara mcquade served as united states attorney for the eastern district of michigan and is now a professor of law at the university of michigan. glenn kirschner is a former fellow prussic enter -- fellow prosecutor. they both join me now. i cannot think of better folks to join me tonight to get us started. did you expect a superseding indictment from jack smith at this time? >> no, i really didn't, katie, because what i thought he would do is pare down the indictment, filing an amended indictment to comply with the court order. obviously the court to set the scheme relating to the justice department was official conduct and must come out. a prosecutor can remove language from an indictment without going back to the grand jury, but if you change allegations and put new material in you must go back to the grand jury and have them return that indictment. here is you point out it really reframed the case. even though not much is different. instead the very first words of this are not donald trump was the 45th president of the united states, but it now says donald trump was a candidate for pres

barbara mcquade, former united states attorney, cohost of the "sisters in law" podcast. >>> george is back as a swing state after joe biden put it in the democratic column for the first time in two decades and as a focal point of trump political schemes. >>> donald trump spent the week giving conflicting answers about not only his own policy on abortion even how he personally plans to vote on abortion rights measures in his adopted home state of florida this fall. we will set it all straight ahead. >>> according to the cdc, we are in the middle of the largest to wave in two years. i will speak to the doctor ala stafford about how to stay safe and about her work in the biden administration and her personal fight for justice. good morning. it good morning. it is saturday august 31st. 66 days until election day. this morning, i have joy's georgia on my mind, which is crucial for how this is playing out both in that state and nationally. georgia, a decidedly red state did not get much attention in presidential politics. it was won easily from republicans from bob dole to donald trump. but

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attorney and law professor barbara mcquade., walk us through the differences between this indictment and the last one. >> this is a paired down version. 45 pages down to 36 pages. it accuses donald trump of the same three criminal conspiracies the original did, conspiracy to defraud the united states, to obstruct congress and to deprive millions of americans of their vote. the biggest thing smith removed from the original as you mentioned is the entire section describing how trump pressured the justice department to launch bogus investigations and make false declarations of fraud, and that's no surprise because the supreme court actually said in its opinion that communications with the justice department were clearly official acts by a president and, therefore, immune from prosecution. smith also removed other allegations involving trump's dealings with advisors in the oval office and other federal officials, but he kept in trump's conversations with state officials, which is most of the original indictment. smith removed some