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and jack smith is not mincing any words. so that's the first point that there's a likelihood, there's no likelihood that trump's going to get this. and then he goes on for page after page, it's just devastating, ari, explaining why trump's claim fails constitutional logic, principles and the like, and then the last thing, and i think we're going to hear a lot about this, at the very end, smith says, look, supreme court, if you want to hear this case, hear it quickly. expedite the appeal. we were ready to go in march, and we will have decided it that quickly. >> let me read that, and then you can break it down. i'm curious, andrew's reaction as well because that's the plan b here. i just want to reset as we do on the news because i've got two super smart fast talking lawyers here, the breaking news is that jack smith has now stepped up and very quickly, you know, filed his supreme court filing, telling the supreme court we won, we want to put trump on trial. we don't accept any delay. we don't think this should be delayed or
and jack smith is not mincing any words. so that's the first point that there's a likelihood, there's no likelihood that trump's going to get this. and then he goes on for page after page, it's just devastating, ari, explaining why trump's claim fails constitutional logic, principles and the like, and then the last thing, and i think we're going to hear a lot about this, at the very end, smith says, look, supreme court, if you want to hear this case, hear it quickly. expedite the appeal. we...
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i think jack smith is that he certainly projecting that jack smith by reputation as a hard prosecutor, you, ryan goodman is a former special counsel at the department of defense, and a professor at nyu. >> he has gone after political corruption on both let's sides of the aisle, democrats and republicans, he's also somebody who served as a war crimes prosecutor and has indicted a sitting president and kosovo. so he's that kind of an individual that moves fast and moves aggressively at the same time that also might come with some risks why is there some criticism that he overreaches? >> well, if you look at jack smith's history, his three highest profile cases before this, all of them have failed either at the trial level or the appellate level. and so the criticism is while he's overeager, he's over anxious >> what is going to be one of the toughest hurdles for jack smith's team to overcome everything in this case will turn on what donald trump's state of mind is and whether there was corrupt content. all the facts they play down on national television. >> the speeches >> have been pla
i think jack smith is that he certainly projecting that jack smith by reputation as a hard prosecutor, you, ryan goodman is a former special counsel at the department of defense, and a professor at nyu. >> he has gone after political corruption on both let's sides of the aisle, democrats and republicans, he's also somebody who served as a war crimes prosecutor and has indicted a sitting president and kosovo. so he's that kind of an individual that moves fast and moves aggressively at the...
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Feb 15, 2024
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a footnote in jack smith's brief refers the court to a petition jacks mitt filed with the court on december 11th, trying to get the supreme court to take this case then and by past the court of appeals. because it was obviously going to eventually end up in the supreme court anyway, as it has. in that filing, in december, jack smith laid out the timeline of just how quickly the united states supreme court can act when it wants to. quote, on may 24th, 1974, the special prosecutor -- socked -- a week later, and set the case for -- july, 1970 the decision issued 16 days later. when the trial began in the fall of 1974. so the timeline, when the supreme court wanted to new move fast in the nixon case, was a total of two months. from the first filing requesting that the supreme court hear the case to the day the supreme court issued its opinion. two months. if the supreme court had taken this case when jack smith asked him to -- on december 11th and if they followed the nixon schedule, they would've issued their opinion on this case on monday of this week. two days ago. and instead, on monday of
a footnote in jack smith's brief refers the court to a petition jacks mitt filed with the court on december 11th, trying to get the supreme court to take this case then and by past the court of appeals. because it was obviously going to eventually end up in the supreme court anyway, as it has. in that filing, in december, jack smith laid out the timeline of just how quickly the united states supreme court can act when it wants to. quote, on may 24th, 1974, the special prosecutor -- socked -- a...
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smith tried to impose upon them way back in december when jack smith went to the supreme court and said justices, please take up this case now so that we can get a clear answer. this is yours to answer. and then once the dc circuit, once it's supreme court said no, we're not coming in and the dc circuit ruled that was another several weeks, so president trump's former president trump's effort to run the clock has a partner in the supreme court at this point, even though jake probably in the end, the justices will agree with the dc circuit and say and reject president former president donald trump's claim of absolute immunity. but what good will that do for and he kind of trial before we're really into the heat of this next presidential election. >> so just, just to recap, joan the us supreme court is not going to just like defer to the appeals court. they are going to hear the argument about whether or not donald trump has immunity. can say that what he did as president is he's immune from prosecution because he was president at the time. do we have any sort of timeline so the court's g
smith tried to impose upon them way back in december when jack smith went to the supreme court and said justices, please take up this case now so that we can get a clear answer. this is yours to answer. and then once the dc circuit, once it's supreme court said no, we're not coming in and the dc circuit ruled that was another several weeks, so president trump's former president trump's effort to run the clock has a partner in the supreme court at this point, even though jake probably in the...
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that's special counsel jack smith tried to impose upon them way back in december when jack smith went to the supreme court and said, justices, please take up this case now so that we can get a clear answer. this is yours to answer. and then once the dc circuit once the supreme court said no, we're not coming in and the dc circuit ruled that was another several weeks, so president trump's former president trump's effort to run the clock has a partner in the supreme court at this point, even though jake probably in the end, the justices will agree with the dc circuit and say and reject president, former president donald trump's claim of absolute immunity. >> but >> what good will that do for any kind of trial before we're really into the heat of this next presidential election. >> so just, just to recap, joan the us supreme court is not going to just like defer to the appeals court. they are going to hear the argument about whether or not donald trump has immunity. can say that what he did as president is he's immune from prosecution because he was president at the time. do we have any
that's special counsel jack smith tried to impose upon them way back in december when jack smith went to the supreme court and said, justices, please take up this case now so that we can get a clear answer. this is yours to answer. and then once the dc circuit once the supreme court said no, we're not coming in and the dc circuit ruled that was another several weeks, so president trump's former president trump's effort to run the clock has a partner in the supreme court at this point, even...
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and jack smith 's brief to the supreme court, jack smith argued there was no need for the supreme court to ue hear the case at all. but if the supreme court was inclined to hear the case, jack smith asked the supreme court not to send the case back for another round at the appeals course, but to set an expedited hearing at the supreme court, schedule that expedited hearing. and that is what the supreme court now is done. leading off our discussion tonight is neal katyal, former acting isu.s. solicitor general and host of the podcast courtside with neal katyal. he is a msnbc legal analyst. and neal, i want to begin the way all lawyers begin when they get these notices from the supreme court that they're going to hear your case. they have the supreme court identified four the lawyers on both sides the question, and the only question, they want to hear addressed. and i want to give that question to the audience now. the question is whether, and if so to etwhat extent, does a forr president enjoy presidential immunity from criminal prosecution for conduct alleged to involve official acts du
and jack smith 's brief to the supreme court, jack smith argued there was no need for the supreme court to ue hear the case at all. but if the supreme court was inclined to hear the case, jack smith asked the supreme court not to send the case back for another round at the appeals course, but to set an expedited hearing at the supreme court, schedule that expedited hearing. and that is what the supreme court now is done. leading off our discussion tonight is neal katyal, former acting isu.s....
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now, having said that, jack smith has things he can do. he could make an argument to the judge that 88 days should be shortened, that that time frame she had given before isn't needed. it was too generous. they could also shorten their trial. they could say that we are not going to do -- >> let me jump in. i'm only jumping in because now it's feeling really tactical to me. and andrew, if it's tactical for me, how do other people feel? because these are two legal nerds. so i'm going to say putting tactics a little bit aside, what is the latest you think they could reasonably start this trial? >> i think if it doesn't start by some time in july, i think it is really hard to see the judge saying that they're going to go forward and have him -- i mean at some point there is going to be pressure on the district judge to say am i going to have the leading candidate for one of the parties on trial and not being able to -- you know, has to attend to a trial and should be running for office. at some point that tension, i think, is going to be somet
now, having said that, jack smith has things he can do. he could make an argument to the judge that 88 days should be shortened, that that time frame she had given before isn't needed. it was too generous. they could also shorten their trial. they could say that we are not going to do -- >> let me jump in. i'm only jumping in because now it's feeling really tactical to me. and andrew, if it's tactical for me, how do other people feel? because these are two legal nerds. so i'm going to say...
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, filed his reply to donald trump's effort to stop the trial and the win that jack smith got in that appeals court. they are citing donald trump's alleged effort to perpetuate himself in power, the charged crime strike at the heart of our democracy, and smith says the supreme court should not stay or delay this case, that the trial should commence on the planned schedule, which means if he won,
, filed his reply to donald trump's effort to stop the trial and the win that jack smith got in that appeals court. they are citing donald trump's alleged effort to perpetuate himself in power, the charged crime strike at the heart of our democracy, and smith says the supreme court should not stay or delay this case, that the trial should commence on the planned schedule, which means if he won,
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now, jack smith makes a couple of arguments. first of all, he says, donald trump does not have any realistic probability of succeeding on his immunity claim. and that's something you have to show at this point. for the supreme court to put the brakes on and take the case and then jack smith's has and there's a broader public interest in getting dumped. trump tried. he does not say before the election, jack smith continues to refuse to acknowledge that he's motivated by the election, but he says there's a broad public interest in getting donald trump tried quickly on these charges. now, the other thing jack smith says to the supreme court is, if you are not going to put this on pause, if you are going to take this case, please. please please rule get give us as short and quick a schedule as you possibly can. jack smith obviously wants to cover himself at every turn and give himself the maximum possible chance to get this case tried before the election. >> jennifer, what stands out to you >> well, i agree with elie all of those po
now, jack smith makes a couple of arguments. first of all, he says, donald trump does not have any realistic probability of succeeding on his immunity claim. and that's something you have to show at this point. for the supreme court to put the brakes on and take the case and then jack smith's has and there's a broader public interest in getting dumped. trump tried. he does not say before the election, jack smith continues to refuse to acknowledge that he's motivated by the election, but he says...
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>> biggest picture, huge win for jack smith. unequivocal win for jack smith. the language in this ruling is very strong. they forcefully reject donald trump's immunity arguments. there's really three major findings that the d.c. court of appeals makes here. first of all, they reject this notion of blanket immunity. they say it is not and cannot be that a president simply can never be charged for anything that happens during his time in office. second, the court of appeals in d.c. says, if we're asking the question whether donald trump's conduct was inside his job as president or outside his job as president, they say he was out of bounds here. he's not covered because high was out of bounds. even if there is am immunity for stuff that's inside the presidency, he's way out of it. fully, they reject this i think ludicrous argument that, well, a president can only be indicted if he has first been impeached by the house and convicted by the senate. remember, that led to the ridiculous hypotheticals about could a president order assassination. so this court of appe
>> biggest picture, huge win for jack smith. unequivocal win for jack smith. the language in this ruling is very strong. they forcefully reject donald trump's immunity arguments. there's really three major findings that the d.c. court of appeals makes here. first of all, they reject this notion of blanket immunity. they say it is not and cannot be that a president simply can never be charged for anything that happens during his time in office. second, the court of appeals in d.c. says, if...
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jack smith won, because jack smith said, i want to go to the supreme court. they weren't asking pretty trump's lawyers were asking to send this case back to the 11th circuit, which is what they were asking for. >> they could have delayed it more than an extra month. >> i don't disagree with you. on this channel of, is this do or die because it he doesn't go to trial? >> first day of the appeal. if you find him guilty, he will go out to the courthouse and say, i'm appealing. he will be standing on the steps sometime in april doing the same thing and maybe even before the supreme court. he will be seen, i will appeal. >> my reaction to it isn't about the implications for what it means for the electoral chances, but it is a level of craziness from the court. they are moving at this pace and i find it deeply unnerving. think about the court. they move fast when they want to, but move slow when they move slow. >> the court that filed against nixon -- this court as fast for them, but i do agree that this is the most isolated court in the history of the court, so th
jack smith won, because jack smith said, i want to go to the supreme court. they weren't asking pretty trump's lawyers were asking to send this case back to the 11th circuit, which is what they were asking for. >> they could have delayed it more than an extra month. >> i don't disagree with you. on this channel of, is this do or die because it he doesn't go to trial? >> first day of the appeal. if you find him guilty, he will go out to the courthouse and say, i'm appealing. he...
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sorry, jack smith. i mean, does that seem unusual to you? even begins to capture it. it's really extraordinary. prosecutors have to be able to protect witnesses, not just in this case but in every case, because we ask people to come forward, detail the truth so we can hold criminals accountable. sometimes criminals aren't super nice people. in this case we've got a defendant who, whether through his fault or through the implications his followers take from his comments, witnesses, people who have spoken out against him, have been exposed to risk. in some cases, speaker pelosi's husband paul comes to mind, exposed to higher because his wife had become one of trump's political targets. so look, if you are a federal judge, what you are doing here is listening to prosecutors. you're carefully evaluating evidence of the law. when they come to you seeing this is so serious that we have an ongoing investigation that we need to protect, you don't then turn that over to donald trump the defendant. >> it seems like there is a case to be made, whether
sorry, jack smith. i mean, does that seem unusual to you? even begins to capture it. it's really extraordinary. prosecutors have to be able to protect witnesses, not just in this case but in every case, because we ask people to come forward, detail the truth so we can hold criminals accountable. sometimes criminals aren't super nice people. in this case we've got a defendant who, whether through his fault or through the implications his followers take from his comments, witnesses, people who...
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and special counsel jack smith and judge chutkan have also signaled we're looking at something like a three-month trial for this. let's assume 88 days for trump's team to finish their prep before the trial, and let's assume the three months theeded for the trial itself is a nice round 90 days. that comes out to 178 days. that is how long it would take for this trial to actually conclude after we get a decision back from the supreme court. so let's go back to the calender. the election is november 5, an oral argument on trump's presidential immunity claims at the supreme court is set for the week of april 22nd. this would be the fastest possible scenario here as everything stands at present. the supreme court meet monday april 22prnd and they make a decision the next day, tuesday, april 23rd. if we add 178 days to tuesday, april 23rd, that would mean the trial would finish on wednesday, october 16th. 20 days before the general election. that is what we are working with here in the best case scenario. joining me now is neil katyal, former acting solicitor-general of the united states an
and special counsel jack smith and judge chutkan have also signaled we're looking at something like a three-month trial for this. let's assume 88 days for trump's team to finish their prep before the trial, and let's assume the three months theeded for the trial itself is a nice round 90 days. that comes out to 178 days. that is how long it would take for this trial to actually conclude after we get a decision back from the supreme court. so let's go back to the calender. the election is...
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because if they went with jack smith then everybody claims that they're playing politics and puttingn the scale of the government and if they do it the way they've done it people claim they've put their thumb on the scale for trump, so i don't know if there's any real way out for them here without getting the type of criticism they're getting. so we'll see. >> again, i'll go back and forth with you, but david, you're using shorthand of saying who they go with. all donald trump cares about is avoiding this trial by the election. if they do something that does that then they've gone with trump. as i said the viewers know what's going on. i'm happy to hear a counterargument. what is the worth -- what's the legal value, david, of a precedent that says you can put him on trial, but we won't let you. >> look, i'm just trying to throw some arguments on there. not that i disagree with you, they're the arguments being presented, but on the other side is that in those other cases you cited there is an external non-case issue that kind of drives the decision as opposed to when this needs to be
because if they went with jack smith then everybody claims that they're playing politics and puttingn the scale of the government and if they do it the way they've done it people claim they've put their thumb on the scale for trump, so i don't know if there's any real way out for them here without getting the type of criticism they're getting. so we'll see. >> again, i'll go back and forth with you, but david, you're using shorthand of saying who they go with. all donald trump cares about...
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>> in some sense jack smith has doggedly made the case, time after time, to the court, you've got to do this more quickly. and in some sense, as we have said, we had a little bit of a split the baby today where he doesn't get where he wants, but don trump doesn't get what he wants. whether he can, i don't, know hive of some of this. this was a pretty tight case as compared to the fani willis sprawling case in fulton county. this was a pretty tight case. i suppose there is a way to tighten it, but i think the real thing we have to ask ourselves is, are we going to wait for weeks and weeks and weeks for somebody to write a dissent in this case of the supreme court and then it's coming down at the end of june. what i worry about more than anything is that no matter what judge chutkan or jack smith can do, if you have four votes at the supreme court, or three votes, that want to do the run out the clock play, i think that they can kind of keep this thing starved for much much longer. >> do you read neil, to dolley's point, the fact that they don't seem to be working expeditiously and the
>> in some sense jack smith has doggedly made the case, time after time, to the court, you've got to do this more quickly. and in some sense, as we have said, we had a little bit of a split the baby today where he doesn't get where he wants, but don trump doesn't get what he wants. whether he can, i don't, know hive of some of this. this was a pretty tight case as compared to the fani willis sprawling case in fulton county. this was a pretty tight case. i suppose there is a way to tighten...
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maybe that means something to trump followers, but jack smith has absolutely no meaning. proceeding, it's said jack smith's brief says the defendants nonetheless label the referral as sham, the defendants do not explain what a sham referral might be, much less what legal significance it might have. far from being a sham, the referral became necessary after months of efforts including several rounds of communications with trump representatives, failed to confirm that trump had returned any and all classified information that he removed from the white house. bradley, it's just one of those unique challenges that jack smith's team is facing is that they have to take on this weird rhetoric, trumpian rhetoric within legal filings that normally don't have that kind of thing. >> yes, and most lawyers especially in this kind of high profile manner would not use that kind of language. you always run the risk that the judge is going to smack you down a little bit, i certainly have been all that being told legal pleadings are not a place for political hyperbole. you must handle your
maybe that means something to trump followers, but jack smith has absolutely no meaning. proceeding, it's said jack smith's brief says the defendants nonetheless label the referral as sham, the defendants do not explain what a sham referral might be, much less what legal significance it might have. far from being a sham, the referral became necessary after months of efforts including several rounds of communications with trump representatives, failed to confirm that trump had returned any and...
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they fought jack smith's effort to bypass this very appeals court and tried to have this in which jack smith wanted this heard by the supreme court initially following trump's team appeal of judge chutkan's initial ruling, but for trump's legal team here, there is also a recognition that this three-judge panel, they wrote, in part, former president trump's alleged efforts to remain in power despite losing the 2020 election were if proven an unprecedented assault on the structure of our government. he allegedly injected himself into a process in which the president has no role. the counting and certifying of the electoral college votes. the question here going forward for trump and his legal team is just exactly when the supreme court, if they were in fact to take up the appeal, when they would hear it and for a trial that could take about three months here, just how far along would that potentially impact his own presidential campaign in the general election campaign ahead of november. >> back to lisa rubin, the argument trump's trying to make that this just opened up a whole can of wo
they fought jack smith's effort to bypass this very appeals court and tried to have this in which jack smith wanted this heard by the supreme court initially following trump's team appeal of judge chutkan's initial ruling, but for trump's legal team here, there is also a recognition that this three-judge panel, they wrote, in part, former president trump's alleged efforts to remain in power despite losing the 2020 election were if proven an unprecedented assault on the structure of our...
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jack smith won here to. because jack smith said i want to go straight to the supreme court. they weren't asking to go to the supreme court. trump's lawyers were asking to send this case back to the 11th circuit. that's what they were actually asking for. the supreme court, said no. >> okay. >> but they could've delayed, it more than an extra month by sending it back to the circuit. >> so, i don't disagree with. you on this sort of channel of, is this door die for the, company because if he doesn't go to trial he's going to, when i don't agree with you. >> i agree, it's like the first day of the peel. if you find him guilty on, that he's gonna grow up in the courthouse and, say i'm appealing. by the, way will be standing on the courthouse steps, probably sometime in april doing the same thing. doing the same, thing maybe before the supreme court rules. he's gonna say, i'm gonna peel what stormy daniels. >> with, me i think my reaction to it isn't necessarily for the implication that it means for the electoral chances of donald trump. it is a level of craziness from the court.
jack smith won here to. because jack smith said i want to go straight to the supreme court. they weren't asking to go to the supreme court. trump's lawyers were asking to send this case back to the 11th circuit. that's what they were actually asking for. the supreme court, said no. >> okay. >> but they could've delayed, it more than an extra month by sending it back to the circuit. >> so, i don't disagree with. you on this sort of channel of, is this door die for the, company...
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remember, by the way, two months ago, jack smith said to the supreme court, only you can decide this case. you, the supreme court and you alone have to resolve this. >> all right. elie honig. thank you so much. appreciate it. much more reaction to his big break can you news ahead in the next hour? our coverage continues now, in the situation room with one wolf blitzer, i'll see you soon claims major decision that certain further delay his federal election subversion trial tonight we're breaking down the massive impact of the high court's announcement. welcome to our viewers here in the united states and around the world. i'm wolf blitzer, a urine the situation room the skis cnn, breaking news. >> let's get straight to the breaking news. a pivotal moment in the special counsel's election subversion case against donald trump, the us supreme court announcing it will hear arguments on trump's claims of immunity. cnn's team of journalists is covering this truly historic moment from every angle. first, i want to bring in cnn's chief legal affairs correspondent, paula reid. paula, how is th
remember, by the way, two months ago, jack smith said to the supreme court, only you can decide this case. you, the supreme court and you alone have to resolve this. >> all right. elie honig. thank you so much. appreciate it. much more reaction to his big break can you news ahead in the next hour? our coverage continues now, in the situation room with one wolf blitzer, i'll see you soon claims major decision that certain further delay his federal election subversion trial tonight we're...
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you special counsel jack smith.- to provide trump's legal team with an unredacted piece of discovery that could expose sensitive information, including the names of potential witnesses all thanks to a new order from judge aileen cannon. earlier this week, special counsel jack smith issued a scathing response to cannons willing to share evidence with trump's team, calling it quote, clear error and saying the move would potentially expose the witnesses to significant immediate risks of threats, intimidation, and harassment. and this is just the tip of the iceberg. forget another historic week for the twice impeached quadruple indicted ex president. the dc circuit court of appeals unanimously ruled that citizen trump is not immune to prosecution for his treasonous acts on january six. trump's legal team has until monday to file an application for eight -- of the mandate mueller to petition the supreme court who we know just heard oral arguments on thursday as to whether the twice impeached quadruple indicted disgraced
you special counsel jack smith.- to provide trump's legal team with an unredacted piece of discovery that could expose sensitive information, including the names of potential witnesses all thanks to a new order from judge aileen cannon. earlier this week, special counsel jack smith issued a scathing response to cannons willing to share evidence with trump's team, calling it quote, clear error and saying the move would potentially expose the witnesses to significant immediate risks of threats,...
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put yourself in jack smith's shoes. you have a judge with a record of favoring the man who appointed him, who seems to frustrate you at every turn, whose competence has been called into question, which options then do you have when it comes to dealing with judge cannon? >> you know, i think everybody who has been a litigator, whether it's in a criminal matter like katie and i have had or civil matters which lisa and i have had, i think no matter what your litigation experience, you have dealt with judges who are at times difficult or you even think have a pension to one side or the other. the general rule you keep your head down, you're respectful and point out the facts in the law as to why you're right, but when you need to, you appeal them. we've seen the jack smith team do that twice successfully, but after very respectful arguments and also respectful appeals, and you try to keep your language as you would as any officer of the court, but i think here the law is so strongly in favor of the government when it comes
put yourself in jack smith's shoes. you have a judge with a record of favoring the man who appointed him, who seems to frustrate you at every turn, whose competence has been called into question, which options then do you have when it comes to dealing with judge cannon? >> you know, i think everybody who has been a litigator, whether it's in a criminal matter like katie and i have had or civil matters which lisa and i have had, i think no matter what your litigation experience, you have...
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what do you think, jack smith? and presumably, jack smith is going to say no, stay out. you have a very sound forcefully written decision from the d.c. circuit. it hits all the key points of law. you do not have to intervene. but that process in and of itself is not going to take just a matter of hours or days. that could take a week or two itself. >> excellent. all right, paula reed, joan biskupic, thank you both for explaining that so well. with us now, laura coates, cnn anchor and chief analyst, elie honig, and tim heavy, former lead investigator for the january 6th committee. laura, at a basic level here, this appeals panel has decided something very, very important. the line between what can be considered presidential actions and outside the scope of the presidency or frankly any official job. why is that so important? >> because it goes to the very heart of separation of powers in our system of checks and balances. we do not want any particular actor to have carte blanche, this blank check to do whatever he or she wants to do and never be held to account. one must
what do you think, jack smith? and presumably, jack smith is going to say no, stay out. you have a very sound forcefully written decision from the d.c. circuit. it hits all the key points of law. you do not have to intervene. but that process in and of itself is not going to take just a matter of hours or days. that could take a week or two itself. >> excellent. all right, paula reed, joan biskupic, thank you both for explaining that so well. with us now, laura coates, cnn anchor and...
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Feb 21, 2024
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so jack smith is building that.ing that andrew said that is really important. the 11th circuit ruled against judge cannon twice in what he described accurately as scathing opinions. that's why i think reconsideration is not out of the realm of possibility. better to correct yourself than have a circuit smack you down for the third time, and a good judge will issue a reconsideration of a prior opinion. i clerked for a district court judge during the early months of my clerkship. i said i think we got this wrong. there's a motion for reconsideration. to my surprise rather than being angry, she said, i agree. she issued that opinion, reconsidering her own motion and finding that her prior decision was in clear error. i'm not holding out hope that judge cannon will do so here, but a good judge takes a motion for reconsideration seriously. >> happy to have that standard set up. >>> a georgia plays into the federal election interference case. what with know, that's next. e case what with know, that's next. as you get olde
so jack smith is building that.ing that andrew said that is really important. the 11th circuit ruled against judge cannon twice in what he described accurately as scathing opinions. that's why i think reconsideration is not out of the realm of possibility. better to correct yourself than have a circuit smack you down for the third time, and a good judge will issue a reconsideration of a prior opinion. i clerked for a district court judge during the early months of my clerkship. i said i think...
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Feb 13, 2024
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what does jack smith do now?told the supreme court in no uncertain terms it's, quote, imperative public importance that trump's claims of immunity be resolved by this court. how he backs away from that now is hard to say. my guess is he tries to split the baby with the bath water, that he says the stay is not called for. you want to take the case, take the case. it's important for the public to hear from the supreme court before there's a trial and possibly a conviction. don't slow us down. we wasted two months since the time we filed this petition on december 11th. >> if you're jack smith, joyce, what do you do? >> jack smith has on his team one of the best appellate lawyers in the country. it's safe to say they knew this moment would come. they would make the argument for the court to take cert before the court of appeals could act. lisa is correct, i think, to make the point that it's possible that there won't be a stay here. that would take the vote of five supreme court justices. it's not entirely clear ther
what does jack smith do now?told the supreme court in no uncertain terms it's, quote, imperative public importance that trump's claims of immunity be resolved by this court. how he backs away from that now is hard to say. my guess is he tries to split the baby with the bath water, that he says the stay is not called for. you want to take the case, take the case. it's important for the public to hear from the supreme court before there's a trial and possibly a conviction. don't slow us down. we...
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Feb 10, 2024
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this time is jack smith. his new warning and moments, plus what it was like to be inside the courtroom for thursday's supreme court arguments. and when is an insurrection just a riot? the former spokesperson for the january 6th committee gives me her take. me her take. >>> to all of you, from msnbc headquarters in new york, welcome to alex witt reports. breaking news from the mar-a- lago classified documents case. special counsel jack smith has until today to hand over active discovery to trump's legal team that smith orange could endanger more than two dozen witnesses. judge aileen cannon issued an order late yesterday after reviewing a scathing legal filing submitted by smith earlier this week. which called her rolling a clear ever and warrant disclosing entities of numerous potential witnesses would expose them to significant and immediate risks of threat intimidation and harassment. smith has until the end of this day to comply with her older. we have several reporters and analysts and place for you cover
this time is jack smith. his new warning and moments, plus what it was like to be inside the courtroom for thursday's supreme court arguments. and when is an insurrection just a riot? the former spokesperson for the january 6th committee gives me her take. me her take. >>> to all of you, from msnbc headquarters in new york, welcome to alex witt reports. breaking news from the mar-a- lago classified documents case. special counsel jack smith has until today to hand over active discovery...
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Feb 15, 2024
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then, jack smith asked the supreme court to hurry up. tonight's filing from the
then, jack smith asked the supreme court to hurry up. tonight's filing from the
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Feb 14, 2024
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but of course jack smith could file a response before a week goes by.g. they knew this was coming. they knew trump would be filing his request by monday. i have to think that they are crossing the tees and dotting the eyes at this moment and will likely beat the deadline by quite a bit. >> assuming jack smith files before the line on the 20th, what do you expect in terms of indications for how the court is thinking of trump's appeal here? >> you know, it's difficult to say because they can go in a lot of different directions. the thing that they could do that would, i think, give us the best stance, is to simply deny the stay, treated as a petition for certiorari review, and to say we're going to let the lower court decision to stand. that would be a loud response to what they think of it. on the other hand, they could decide they want to grant a stay, they are going to let donald trump even take it to the full court of appeals below, and then before the u.s. supreme court, that would be the other extreme suggesting he's on a very slow boat. in that cas
but of course jack smith could file a response before a week goes by.g. they knew this was coming. they knew trump would be filing his request by monday. i have to think that they are crossing the tees and dotting the eyes at this moment and will likely beat the deadline by quite a bit. >> assuming jack smith files before the line on the 20th, what do you expect in terms of indications for how the court is thinking of trump's appeal here? >> you know, it's difficult to say because...
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Feb 29, 2024
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smith 0.0, the question of house jack smith fan, remember jack smith asked for this case to be taken by the supreme court back in december. they could have addressed the case and sort of jumped over the appeals court. >> and i think they could have because then then it would have answered why they are intervening here because i don't think it's bad that they're intervening generally to say were the supreme court, we should have the last word on it. but the point is that they've delayed it. actually, i would predict right now, they will probably affirm the dc circuit >> didn't get up >> if they're going to be because they are the supreme court and they want to have the last word enough of them. let's remember who's on this court also? there is a 6-3 conservative liberal majority, but it's not just that it breaks down along ideology that way without a lot of justices, several of them who've worked in the executive branch, who takes, who take the idea of separation of powers and executive authority seriously. so i'm sure there's some very substantive reasons to get in bob the only quest
smith 0.0, the question of house jack smith fan, remember jack smith asked for this case to be taken by the supreme court back in december. they could have addressed the case and sort of jumped over the appeals court. >> and i think they could have because then then it would have answered why they are intervening here because i don't think it's bad that they're intervening generally to say were the supreme court, we should have the last word on it. but the point is that they've delayed...
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Feb 15, 2024
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because jack smith is asking them effectively to move it along. look, we don't believe he has immune midi everyone agrees that he's probably not going to win on the merits, so he's not entitled to a pause and jack smith says, look, let us get on with this trial, but if you must take this up on the merits, at least two oral arguments in march and move this along as expeditiously as possible. so now we're looking not only what the supreme court does, but how quickly do they do but even if they do decide they want to take up this case, consider it on the merits. will they move on that expedited timeline or will they drag this out? because if they drag it out, it's unlikely that jack smith is going to be able to bring his case before the election. and that's significant, he says in this filing, because the nation should be able to see the resolution of this case, he argues, but also if trump is re-elected jack smith and this case will likely no longer he will no longer exist in that job. yeah. even if he loses on the merits of the supreme court, he co
because jack smith is asking them effectively to move it along. look, we don't believe he has immune midi everyone agrees that he's probably not going to win on the merits, so he's not entitled to a pause and jack smith says, look, let us get on with this trial, but if you must take this up on the merits, at least two oral arguments in march and move this along as expeditiously as possible. so now we're looking not only what the supreme court does, but how quickly do they do but even if they do...
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Feb 15, 2024
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jack smith's filing. yeah.remain critical of this about jack smith he is all consuming li possessed with trying this case before the election. there are legitimate reasons for that, but he won't say it instead and he does it again in the filing that just came in. it's all these bromides and generalities about, well, there's a general need. everyone knows what he's doing. everyone knows what the judges let me read you what he said. he's delaying the resolution of these charges threatens to frustrate the public interests in a speedy and fair verdict, a compelling interest in every criminal case. and one that has unique national importance here, as it involves federal criminal charges against former president for alleged criminal efforts to overturn the results the presidential election, including through the use of official power. >> there it is again, he's done this over and over when all he needs to set it is it's really important that we tried this before the election and i don't know how this is going to play
jack smith's filing. yeah.remain critical of this about jack smith he is all consuming li possessed with trying this case before the election. there are legitimate reasons for that, but he won't say it instead and he does it again in the filing that just came in. it's all these bromides and generalities about, well, there's a general need. everyone knows what he's doing. everyone knows what the judges let me read you what he said. he's delaying the resolution of these charges threatens to...
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Feb 13, 2024
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i look, i'm dubious of jack smith's motives. it's >> clear to every row >> always breaking news here on the right to the person's face. >> my but there's obviously he's pushing to get this in before the election. i think for good reason, but there's a level of disingenuousness in his refusal to say that's why i argue in the piece that i think they mentioned here that he should just say it, say what we all know and say what the vast majority of american people understand to believe is correct that he's pushing to get this done before trial, before the election, excuse me. >> can we talk about what the supreme court is looking at here because there are few different pathways they can take. one of them, john d, and already laid out for us, we cross that off the list, which is that they could just say, no, thanks. we're not taking this up. they could deny trump's request to pause this. what else do could they do here? so this application today was just for his john dean said for a stay to put this put this on hold in supreme court s
i look, i'm dubious of jack smith's motives. it's >> clear to every row >> always breaking news here on the right to the person's face. >> my but there's obviously he's pushing to get this in before the election. i think for good reason, but there's a level of disingenuousness in his refusal to say that's why i argue in the piece that i think they mentioned here that he should just say it, say what we all know and say what the vast majority of american people understand to...
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and again, jack smith and his team turned that on their head.y say the public's interest in a speedy trial here is greater than any interest that trump could have in delaying it, particularly given that what he is accused of doing here is subverting the democratic will of tens of millions of voters. in other words, you claim to stand for the interests of a certain segment of voters. but the accusations at the heart of this case are about your willingness to disenfranchise the tens of millions of people who never voted for you in the first instance. >> so, we're all getting a legal education thanks to donald trump getting indicted over and over and over again. one of the terms that you legal eagles throw around is grant cert. standing for sers yoir. what the supreme court can and cannot do. what is that? and what can the supreme court do next? >> trump's petition that jack smith replied to is formally a motion to stay all proceedings while he works on and then submits what you referred to as a petition for sergs yar. that's a fancy way of asking
and again, jack smith and his team turned that on their head.y say the public's interest in a speedy trial here is greater than any interest that trump could have in delaying it, particularly given that what he is accused of doing here is subverting the democratic will of tens of millions of voters. in other words, you claim to stand for the interests of a certain segment of voters. but the accusations at the heart of this case are about your willingness to disenfranchise the tens of millions...
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or how could jack smith speed it up?it's really jack smith because any criminal case it's really the prosecutor that decides how many people am i bringing to trial and how many counts and what counts am i bringing. so really you're always looking at number of people but you're also looking at what am i going after them on. >> right. >> and so, you know, i think if you're a jack smith and paul will also have a lot of ideas with this seasoned prosecutor, i was on the civil side, you're thinking what's my strongest case that's my best case that i can get out there quickly so i can help the judge shorten the calendar on this. i want to go back to this last point that paul made and that you're making, look, clarence thomas should be recused. he should not be able to preside over this case. and if we had binding ethics rules. >> come on. >> not this stuff they have where they say we will self police and decide, he would not be sitting over this case at all. >> yeah. very quickly, melissa, you have thoughts on the motives. >> t
or how could jack smith speed it up?it's really jack smith because any criminal case it's really the prosecutor that decides how many people am i bringing to trial and how many counts and what counts am i bringing. so really you're always looking at number of people but you're also looking at what am i going after them on. >> right. >> and so, you know, i think if you're a jack smith and paul will also have a lot of ideas with this seasoned prosecutor, i was on the civil side,...
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i want to start with jack smith and the federal elections version case. and what's going on in the supreme court now, what is his one goal to get this thing tried before the election? no question about it. this is all jack smith cares about to the point where he's willing to completely reverse his legal position. whatever speeds it up. and let's remember, two months ago, jack smith made an emergency application to the supreme court. he said, i want you to take it. i want to skip the court of appeals. and in that brief, jack smith said, it is imperative that this court, the supreme court, resolve this case. he said, oh this court, the supreme court can resolve. so >> he had a unanimous victory from the appellate. >> well, before he said skip those guys, court of appeals wouldn't need them. now he's won three nothing in the court of appeals. you say, good enough. i am on the edge of my seat as to how this one comes out because it could go either way, whether the supreme court takes it or not, and the implications here will be enormous. it could determine be
i want to start with jack smith and the federal elections version case. and what's going on in the supreme court now, what is his one goal to get this thing tried before the election? no question about it. this is all jack smith cares about to the point where he's willing to completely reverse his legal position. whatever speeds it up. and let's remember, two months ago, jack smith made an emergency application to the supreme court. he said, i want you to take it. i want to skip the court of...
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Feb 6, 2024
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it was unanimous, three judges siding with jack smith. the d.c. circuit is considered the key court of appeals in the nation with expertise on government issues and in a ruling says trump is waging an unprecedented assault on the structure of our government. the court discussed the evidence that drum stands accused of injecting himself into a process in which the president has no role, accounting and certifying of the electoral college votes, undermining constitutionally established procedures. so, if your argument is, hey, i was just president, in fact you're doing something where you have no role, because the presidency, as powerful as it is, is a government role. we've been at this for a long time in this country. there have been limits established. for instance, the president storms the capitol and says he wants to vote in congress, that's not part of the presidential role. that might sound far fetched except when you you remember a bunch of the ex-president's supporters did storm the capitol and in testimony in the january 6th hearings, he wa
it was unanimous, three judges siding with jack smith. the d.c. circuit is considered the key court of appeals in the nation with expertise on government issues and in a ruling says trump is waging an unprecedented assault on the structure of our government. the court discussed the evidence that drum stands accused of injecting himself into a process in which the president has no role, accounting and certifying of the electoral college votes, undermining constitutionally established procedures....
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Feb 21, 2024
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jack smith's side is essentially saying this is about the election.ting to rush it along essentially because we're inside of an election year. does that politicize his argument at all, do you think? >> i would say jack smith's argument is the public has an interest in a speedy trial, they are entitled to all the information before they cast their ballot. it's trump's folks who are saying they are politicizing this. they are showing an appearance of partisan misconduct here by appearing to rush this along. but again, the retort to that is we don't have a stake in the outcome one way or the other in terms of the election. we just want all the voters here to understand what it is and who it is that they're voting for before they're called upon to make that decision. >> joyce, i want to talk about the colorado ballot ruling as well, and the justices in their oral arguments and i'm sure you agree with this as well, seemed somewhat skeptical throughout that hearing, and i want to play a little bit of what we have from that and then have you react on the oth
jack smith's side is essentially saying this is about the election.ting to rush it along essentially because we're inside of an election year. does that politicize his argument at all, do you think? >> i would say jack smith's argument is the public has an interest in a speedy trial, they are entitled to all the information before they cast their ballot. it's trump's folks who are saying they are politicizing this. they are showing an appearance of partisan misconduct here by appearing to...
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>> i don't know that jack smith will do that. i do h think, that if he does n reconsider, he's likely to take that up. because witnesses lives are at risk and he has kind of got to try to hatake it higher. i don't, know that at this point, even though i know this would be a third, time that he would ask for her recusal. because the standard is really, really hard to meet. i think there are enough things that she has done in the record that we can look at him think were unreasonable and think they show bias to trump but they should have an argument. she would have an attorney to argue on her side of this, that you have an argument that she's just managing her cases and in the way she sees fit and she hasn't done anything to show such a bias that she has to be removed. i think would be a heavy lift for her. >> it is something to watch. that was the latest news. some other big news that happened this week was robert hur, the special counsel assigned to investigate president biden's handling of classified documents, when he was a cit
>> i don't know that jack smith will do that. i do h think, that if he does n reconsider, he's likely to take that up. because witnesses lives are at risk and he has kind of got to try to hatake it higher. i don't, know that at this point, even though i know this would be a third, time that he would ask for her recusal. because the standard is really, really hard to meet. i think there are enough things that she has done in the record that we can look at him think were unreasonable and...
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Feb 22, 2024
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the risk is to civilians, that is why jack smith is in office. that is why that team's career people, they will appeal that. i think that the best hope for why cannon will reverse herself on this is because she does not want to get slapped down again. i agree completely with him that legally she's dead wrong. >> tat is humiliating to be clear to reverse. it's not the appeals court said you were wrong. she literally has to say you know the thing i decided a month ago i was wrong, and you were right. >> that does happen. and i would say this would be the third time this has happened. as a friend of mine who's a judge said after the first two -- it is in a case this high profile to get it wrong so many times. and it's always wrong for trump. even handedly you're showing you're not ready for prime time. this is really as i said looking very skewed. >> i would love to get your thoughts on what's happening with the trial date here, right? she has i think it's a march 1st hearing to basically decide whether the may 20th trial date moves or not. why hasn
the risk is to civilians, that is why jack smith is in office. that is why that team's career people, they will appeal that. i think that the best hope for why cannon will reverse herself on this is because she does not want to get slapped down again. i agree completely with him that legally she's dead wrong. >> tat is humiliating to be clear to reverse. it's not the appeals court said you were wrong. she literally has to say you know the thing i decided a month ago i was wrong, and you...
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Feb 15, 2024
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they knew that jack smith was going to respond way before the deadline. they were joking that he'd respond immediately once he heard from the supreme court on this, i think he'd followed the six days before he actually had to respond with his what he was going to say. there are still hoping that they can delay it. they're thinking is that this is such a monumental case in such a monumental issue that has never really been tested before that, the supreme court will want to have its opinion. they believe that ultimately they will lose on this. they don't think that they're going to win when you speak to them. deadly they won't say that publicly, but they only want it to be delayed. that's the only thing that that is of their interests. that's why what jack smith said tonight is so critical that if you are going to hear donald trump's argument here, please do it by next month. >> elie, do you think the court responds to that? they're obviously aware of the situation. >> it's such an interesting question is really a larger question. >> you were critical jack
they knew that jack smith was going to respond way before the deadline. they were joking that he'd respond immediately once he heard from the supreme court on this, i think he'd followed the six days before he actually had to respond with his what he was going to say. there are still hoping that they can delay it. they're thinking is that this is such a monumental case in such a monumental issue that has never really been tested before that, the supreme court will want to have its opinion. they...