neal katyal, andrew weissmann will join us with their view of the supreme court ruling .g. to duckduckgo on all your devie duckduckgo comes with a built-n engine like google, but it's pi and doesn't spy on your searchs and duckduckgo lets you browse like chrome, but it blocks cooi and creepy ads that follow youa from google and other companie. and there's no catch. it's fre. we make money from ads, but they don't follow you aroud join the millions of people taking back their privacy by downloading duckduckgo on all your devices today. >>> turning to the discussion two, neal katyal who is argued over 50 cases before the u.s. supreme court. he is a professor at georgetown law. assad joining us andrew weissmann, former fbi council and the criminal decision in the eastern district of new york in melissa murray is joining us and she's an nyu law professor. they are the co-authors of "the new york times" best-selling book which i used tonight, the trump indictments. the historic charging documents with commentary. all three are msnbc legal analyst. neal katyal, with your suprem

rest of the hour former top prosecutor at the department of justice, msnbc legal analyst andrew weissmann. your thoughts. >> so that statement is interesting for a number of reasons. one, that it's issued so quickly. you have to remember that this is a case where the attorney general and the solicitor general know the law extremely well and know just how wrong this decision is. we have had special counsels under republican and democratic administrations.

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here's andrew weissmann and our legal panel. >> thanks, rachel.katie phang, lisa rubin. let's get to viewer questions. myrna from new jersey asks, in the new york city courthouse, why were special accommodations made for trump and his allies? i know you've been focused on his allies. for example, trump was allowed an area to rant and rave against the judicial system and others and lie blatantly. and his son and allies were allowed to keep their phones while in court. why was that? >> i'll give you what i think is the only reasonable argument for it and then stipulate that it has been abused and wildly so. i think the legitimate reason is for his own security. these are arrangements that were made between the court, the nypd, and the secret service. for example, trump enters through a separate entrance to the courthouse. there is a street blocked off for his motorcade to approach that entrance. they use separate elevators. he has his own holding rooms. when he appears for the press conferences, he comes through a set of blackened glass doors beyond

always good to be with you. >>> coming up, andrew weissmann. you remember him.ll join us on today's defendant trump legal news. that is next. ant trump legal n that is next. and maybe even a little money. moat the... library.s right... for a better clean with less... it's got to be tide. the itch and rash of moderate to severe eczema disrupts my skin, night and day. despite treatment, it's still not under control. but now i have rinvoq. a once-daily pill that reduces the itch and helps clear the rash of eczema —fast. some taking rinvoq felt significant itch relief as early as 2 days— and some achieved dramatic skin clearance as early as 2 weeks. many saw clear or almost-clear skin. plus, many had clearer skin and less itch, even at 3 years. rinvoq can lower your ability to fight infections, including tb. serious infections and blood clots, some fatal, cancers including lymphoma and skin, heart attack, stroke, and gi tears occurred. people 50 and older with a heart disease risk factor have an increased risk of death. serious allergic reactions can occur. tell you

correspondent ken dilanian, vaughn hillyard in milwaukee at the republican convention and andrew weissmannsecutor for robert mueller and former u.s. attorney barbara mcquaid former federal prosecutor paul butler. we have a full house full of great people. ken, for viewers joining us this hour what prompted judge cannon to dismiss this case despite all the precedents supporting independent counsels or independent prosecutors? >> well, andrea, i think we can't stress enough that this dismissal, this 93-page opinion, is not about the merits of the case, not about allegation that is donald trump mishandled classified documents or obstructed justice or ordered his subordinates to destroy evidence, all of which are extremely serious charges. this is about a technical issue, the question of how special counsel jack smith was appointed and how his office is funded. essentially what she's ruled is that there is no law establishing the office of special counsel. it's established by the justice department regulations and that because in her view jack smith is making very important life and death pros

but andrew weissmann, you were working for special prosecutor robert mueller.this was during the trump administration and clearly there were cases there, there were indictments of russian officials, there was the manafort case. there was the robert hur special prosecutor who was investigating president biden. what about the hunter biden case? david weiss? >> so first, your first note, which is i think exactly the right one pointing out that special counsel mueller was appointed by the deputy attorney general, then the acting attorney general in the trump administration, and this goes to your point and ken's point that we've been living with this regime for 25 years. republican presidents, democratic presidents have all had special counsels, and it is only with this decision by judge cannon for the first time that we have a judge saying that that process is wrong. we have had democratic and republican-appointed judges all rule on this and say it was legal, constitutional. so judge cannon is an outlier. and in terms of the ramifications, basically she is saying t

. >> joining us now is andrew weissmann, former fbi general counsel and new york university law professor. andrew, what are your thoughts? >> it's important to focus on exactly what judge cannon did here. the judge said the appointment of a special counsel under the appointment clause of the constitution as well as the appropriations clause, which is funding to both the appointment clause appointing him and the appointment clause of the constitution funding him. under both those constitutional provisions, she said that the executive branch does not have that power. she's restricting the power of the executive branch of government that is the president, the attorney general from appointing a special counsel saying that's something that would have to be done by congressional statute, or the president himself would have had to appoint this person, not merrick garland. that's her ruling here. it is in distinct contrast to all of the other cases that have dealt with this. i'm sure a lot of viewers are going, but what are you talking about? special counsel mueller was a special counsel and that

andrew weissmann, former senior member of the mueller probe, nyu law professor, and msnbc legal analyst us, nbc's vaughn hillyard. sarah, do you think that's just bluster from steve bannon who blusters a lot, or is he telling us what they're capable of? >> i think we should definitely take everything that steve bannon said very seriously, and look, trump has basically said that he wants to go after his political rivals as well. and even just the other kay, he re-posted an image on his truth social saying that liz cheney is quote guilty of treason and that she should quote be prosecuted and televised military tribunals. these are the kinds of things we're talking about in a second trump term. i do take it very seriously when one of trump's top advisers, steve bannon is out there saying this is their plan. >> bannon name checked you in the interview. he's no fan of the mueller investigation, as you know. what do you make of these threats of retaliation, and what does it mean for our system? >> well, there are a number of things that are deeply upsetting about it. leaving me out of this, t

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i'm joined by msnbc legal xant lisa rubin, former fbi general counsel andrew weissmann, former u.s. attorney and senior u.s. attorney chuck rosenberg. also with us, forming acting solicitor general neal katyal. first let's go to nbc's yamiche alcindor outside the supreme court. yamiche, lay it all out for us. >> reporter: this is sure to be a consequential day at the supreme court where judges are set to decide on the trump immunity case. all of this is connected to his efforts to overturn the 2020 election with special counsel jack smith saying he broke the law when he was trying to get people to do things like, get fake electors and trying to get the justice department to take actions that would allow him to hold on to power in the 2020 election. there are big questions before the supreme court. there are four cases along with this one. it could change the presidency as we know it here in america given the powers that this presidency might have after this ruling. any minute now we could get that decision. we'll be standing by to figureout what's going on here and what the decision

we're back with tim hajy and jamie and andrew weissmann. at the table trying to do something meaningful that would help bolster the integrity and the perception of sort of the decency of the men and women of the supreme court and the institution itself. >> i don't know. and i don't know that any ever us can know. but elena kagen, probably has an idea that the chief justice can move incrementally here. now that is clear that it took a long time to get to an ethics code that they all agreed on, has come across because there is no enforcement mechanism, she's challenging him and giving an idea of what that would be. she's a very smart tact is and i think that she thinks this will work. we'll have to see. >> jamie, we sort of resorted to watching the liberal justices blink in morris code to understand what is really going on and there have been some signs. i mean you have justice sotomayor talking about crying in her office and justib kagen being a wall banger and then you have the dissents which were written for the ages. presidents are not ki

neal katyal and andrew weissmann join us next on "morning joe." dn join us next on "morning joe."m public schools and public libraries. yes, libraries. we all have a first amendment right to read and learn different viewpoints. that's why every book belongs on the shelf. yet book banning in the u.s. is worse than i've ever seen. it's people in power who want to control everything. well, i say no to censorship. and i say yes to freedom of speech and expression. if you do too, please join us in supporting the american civil liberties union today. for over 100 years, the aclu has fought for your rights and mine. including the right to read all manner of books. so please call or go online to myaclu.org. for just $19 a month, only $0.63 a day. you can become a guardian of liberty and help protect all the rights promised to us by the u.s. constitution. make no mistake, this move to ban books is a coordinated attack on students right to learn. this is a clear violation of free speech. that's why the aclu is working to fight against censorship in all its forms. it is so important now more

it's clearly not what donald trump would do. >> andrew weissmann and claire mccaskill, thank you forext donald trump and j.d. vance's very strange and dangerous and up popular views about women. that conversation and senator cory booker coming up in the next hour. don't go anywhere. t go anywhere. e maya knows how quality care can bring out a smile. but it's been a few dog years since she was able to enjoy a smile of her own. good thing aspen dental offers affordable, complete care all in one place. with flexible hours and weekend appointments. plus 20% off treatment plans for everyone. loving our patients unconditionally. it's one more way aspen dental is in your corner. ♪♪ >>> these are weird people on the other side. they want to take books away. they want to be in your exam room. that's what it comes down to. these are weird ideas. listen to them speak. >> that's one way to put it. hi again. >> it's 5:00 in the east. for the billions spent on political advertising, maybe the message and contrast is as simple as that. yes, donald trump is a grave threat to our democracy. yes, the

andrew weissmann a former senior member of the mueller probe and now a law professor at nyu, harry litman, former u.s. attorney. susan glasser, staff writer for the new yorker. andrew, what does this mean for jack smith's election interference case against trump? there's lots of reaction but level it for us. >> sure. small picture. the big picture, by the way, is the decision in terms of what it means for the presidency and checks and balances. this could not be a worst decision in terms of our country. in terms of what it means for the case, one, there will not be a trial before the general election. there is no way for that to happen. there's too much that we need to happen in too many appeals. two, there likely will be a hearing that judge chutkan has been called on by the supreme court to have to decide what is official conduct and what is an official conduct. at that hearing, although i think there will be lots of disputes about what evidence can be used, a lot of witnesses can be called so you could have a mini trial. that is sort of a small silver lining that there may be that vehi

>> well, legally, andrew weissmann, is she right?gresswoman is pointing out is that one of the remarkable things about the majority opinion is they don't do two things. they don't set any limits at all in terms of addressing the parade of horribles which are both hypothetical and not hypothetical, and in any way say why those are not going to be okay. and then with respect to saying, oh, but you know what, as the congresswoman said lip service to, unofficial things, they can't even identify one unofficial act that they say, don't worry, that, he could still be prosecuted for. they're basically saying, if the president does it, it's legal. i mean this opinion is such a gift to donald trump, and to me, it is just to go back to a point i was making, it is so hard -- there are autocracies that say they are rule of law countries, where there is a supreme court, but it's not actually doing anything. there's no checking function at all. and it's so hard to look at this decision and yes, i always thought certain justices were going to be in

the election, the outcome that we saw today was the one that folks like me and chuck and andrew weissmannld have told you at the time and still would tell you had the greatest propensity to further delay the ultimate disposition of this case and to further delay the ultimate disposition of two of the other cases, the mar-a-lago records case and the georgia case. in the florida case, for example, donald trump is saying i'm presidentially immune and i was immune at the point in time where i took the records even though the charges against him, for example, have to do with unlawfully retaining the records. he will claim in that case that in taking the records to begin with, they were his, that was part of his exercise of a core constitutional province of the president. well, under this decision, he's absolutely immune for that. you don't even need to have further fact-finding whether it's official or unofficial. this tangles up not only the federal election interference case, but those two other cases in substantial ways, assuming, for example, the georgia case survives this appellate procee

correspondent, lisa rubin, former fbi general krounl and senior member of the mueller probe, andrew weissmann, and former u.s. attorney and senior official, chuck rosenberg. i think everyone is not in agreement at this table. that makes this an interesting conversation. i read through the opinion myself, and as i said at the top, it felt circular in the arguments that the constitution, the majority argues, implies, it doesn't say so in the constitution, but they argue it implies a president has to have immunity to be energetic to make decisions, he needs it in order to do the job of the presidency, and that you can't question it even when he is trying to use that same power to violate the constitution. as you read through this, as i said, it was hard to look toward the future, and it felt more like an opinion that was squared solely on the present and the present case and the present or the present candidate for the gop nomination who's running for office again, donald trump. >> so, you know, at the oral argument, there was a lot of discussion about essentially a policy debate that seemed to

my coauthor of the trump indictments, andrew weissmann said on many msnbc programs that this particularpportunity for the american public to have a full understanding of the evidence against donald trump. by having this hearing, it might be the closest thing he can get to a trial by jury, and i think that's the last thing that donald trump would like to see. so here we have this move to get judge chutkan to decide this on the papers, to not hold any kind of hearing and to keep this evidence out of the public domain. >> how do we stop this case from going back to the supreme court? i feel like their best shot would be to somehow appeal her attempt to hold the evidentiary hearing and somehow get it back into the hands of the pro-insurrectionist majority on the court, because if they did that, we already know whether it's john roberts or alito or thomas, they'll shut it down. >> so that's a really interesting question. obviously, all roads do lead back to the supreme court. there would be a hearing before judge chutkan about whether or not the hearing could happen. that could be appealed o

weissmann. ward. yes. vice president. alexander yes. president. muhammadu. yes seven eyes.ank you. now we're going to vote on item g 5246-11 sp five. superintendent's report. superintendents proposal. excuse me. approval of the public education enrichment fund. expenditure plan for school year 20 2425, which again is a vote on the plan expenditure plan. the memo itself is an informational item that is related, but we're not voting on that, commissioner boggess. yes, commissioner. fisher. yes, commissioner. lamb. yes. commissioner. sanchez. yes commissioner. weissmann. ward. yes. vice president. alexander yes. president. muhammadi. yes. seven eyes. thank you. we're now we're going to move to item g six, which is, 24625 sp five. tentative agreement between united educators of san francisco, usf regarding reopener successor agreement and ab 1200 disclosures. can i have a motion and a second, please? so moved second, superintendent wayne, is there a, does this need to be read into the record, this is item six, right? miss beyer can just briefly explain. so the next three items,

. >> andrew weissmann, joyce vance, thank you both very much for coming to the last word. >>> comingtrump's acceptance speech was filled with more lies about quote, horrible american cities. milwaukee mayor cavalier johnson fresh off successfully hosting the republican convention in his city will join us next. will join us next. gently nourishes the good bacteria, working with your body to help your gut, and you, flourish. effortlessly. every day. grow what feels good. with benefiber. what does a robot know about love? gr it takes a humand. to translate that leap in our hearts into something we can see and hold. etsy. [♪♪] did you know there's away to cut your dishwashing time by 50%? try dawn powerwash dish spray. it removes 99% of grease and grime in half the time. dawn powerwash has 3 cleaning boosters not found in traditional dish soaps that remove food and grease 5x times faster. and, because it cleans so well... you can replace multiple cleaning products for counters, stoves, and even laundry stains. try dawn powerwash dish spray. brand power, helping you buy better. no one sho

weissmann was doing what when they went and collected all these people to investigate russia collusion. that under cannon's opinion, none of that would have happened. >> bill: david, what do you have? >> trey was talking about robert mueller and we remember the trump russiagate, if you will in the first years of the trump presidency. robert mueller was not senate confirmed but judge cannon is making the argument she is not looking back. she is saying that this specific case is brought before her and regardless if another special counsel in the past was senate confirmed doesn't matter here. she said the court is convinced that the prosecution breaches two structural corner stones of our constitution. the role of congress in the appointment of constitutional officers and the role of congress in authorizing expenditures by law. the key word expenditures. jack smith has spent about $10 million. remember, he does have two cases but a lot larger than some of what these other special counsels have spent over time. speaking of special counsels, from i believe 2002 to 2016, there was one specia

also with us, andrew weissmann, former fbi general counsel and with me here in studio msnbc legal correspondent lisa rubin and former deputy chief of the nypd division, kristy greenberg. >> we have jake sherman, an msnbc contributor. along with me here onset is mark short, former chief of staff to former vice president mike pence. ken, aileen cannon said that the special prosecutor, the special counsel appointed to this case was not constitutional. explain it to us. >> first, i want to say that this ruling says nothing about the merits of the case, nothing about mishandling classified documents or obstruction of justice. it dismisses the case entirely on technical grounds. cannon wrote the central question was, is there a statute in the united states codes that authorizes appointment of jack smith. she wrote that the answer is no. the bottom line is this, the appointments clause is a stems from the separation of powers and it gives to congress a considered role in determining the propriety of vefting appointment power for inferior officers. the special counsel's position, she added, effectively

weissmann. ward. yes. vice president. alexander yes. president. muhammadu. yes seven eyes.k you. now we're going to vote on item g 5246-11 sp five. superintendent's report. superintendents proposal. excuse me. approval of the public education enrichment fund. expenditure plan for school year 20 2425, which again is a vote on the plan expenditure plan. the memo itself is an informational item that is related, but we're not voting on that, commissioner boggess. yes, commissioner. fisher. yes, commissioner. lamb. yes. commissioner. sanchez. yes commissioner. weissmann. ward. yes. vice president. alexander yes. president. muhammadi. yes. seven eyes. thank you. we're now we're going to move to item g six, which is, 24625 sp five. tentative agreement between united educators of san francisco, usf regarding reopener successor agreement and ab 1200 disclosures. can i have a motion and a second, please? so moved second, superintendent wayne, is there a, does this need to be read into the record, this is item six, right? miss beyer can just briefly explain. so the next three items, a

andrew weissmann had been advocates or saying that what jack smith could do was pass this off to a u.storney, sidestep the issue of a special counsel and have a u.s. attorney prosecute this case and that, you know, the u.s. attorney could take on the staff from the special counsel's office. they could take on jack smith if they wanted to to get this thing going quickly again. i think that is still an option even as they go through the process of filing at least a notice of appeal as was expected. i'm hope you can play on this other topic we got news of, president biden is talking about some measure of judicial reform and i'm sorry this is going to come to you out of left field, but it was another topic that we did want to discuss, because president biden had been so reluctant to do anything on the supreme court for fear of looking like he was trying to meddle. the supreme court obviously has been a major point of contention between both parties, a major issue for this election. we can see, by the way, donald trump walking off the stage, the run through is done. the supreme court that d

rest of the hour former top prosecutor at the department of justice, msnbc legal analyst andrew weissmann interesting for a number of reasons. one, that it's issued so quickly. you have to remember that this is a case where the attorney general and the solicitor general know the law extremely well and know just how wrong this decision is. we have had special counsels under republican and democratic administrations. we have had republican and democratic judges appointed by republican and democratic presidents who have said this is totally legal, including judges appointed by donald trump. so this is a total outlier decision. it is important to note that judge cannon's reasoning is that the special counsel is somehow untethered to the department of justice, untethered to the executive branch and is sort of off on this frolic and detour without it being sufficiently part of the administration. note to self. that is the exact opposite of what donald trump is saying. donald trump is saying that the special counsel is part of the weaponized department of justice. but that statement that you jus