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The creator of Mueller, She Wrote, Allison Gill, and former Deputy Director of the FBI, Andrew McCabe, are documenting the federal trials of Trump. With the help of expert guests, they analyze court filings, letters, strategies, and regulations to take you through the Special Counsel process that could lead to the conviction of Donald J. Trump.
- 828 - Episode 102 | The Disposition
Judge Chutkan grants Jack Smith’s motion to vacate the entire pre-trial schedule in the January 6th.
Rod Rosenstein, former United States Deputy Attorney General and special counsel stunt pilot, weighs in on a future Trump DoJ.
We also go over plans for the podcast and listener questions.Questions for the pod
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Questions for the pod
Submit questions for the pod here
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AMICI CURIAEto the District Court of DC
Good to know
Rule 403b
https://www.law.cornell.edu/rules/fre/rule_40318 U.S. Code § 1512
https://www.law.cornell.edu/uscode/text/18/1512Prior Restraint
Prior Restraint | Wex | US Law | LII / Legal Information InstituteBrady Material
Brady Rule | US Law |Cornell Law School | Legal Information InstituteJenks
Jencks Material | Thomson Reuters Practical Law GlossaryGiglio
https://definitions.uslegal.com/g/giglio-information/
Statutes:
18 U.S.C. § 241 | Conspiracy Against Rights
18 U.S.C. § 371 | Conspiracy to Defraud the United States | JM | Department of Justice
18 U.S.C. § 1512 | Tampering With Victims, Witnesses, Or InformantsQuestions for the pod
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https://apple.co/3YNpW3PSun, 10 Nov 2024 - 1h 07min - 827 - Episode 101 | The Ferris Bueller Motion
This week, we have Trump's response to the 11th Circuit appeal made by Jack Smith to reinstate the Florida case; along with another Trump motion to further delay his response to the immunity brief in DC; Judge Cannon says she will not recuse from the Routh case; and NBC want to televise the immunity arguments (if they happen) in Judge Chutkan’s court. Plus listener questions.
Sun, 3 Nov 2024 - 1h 09min - 826 - Episode 100 | Schrödinger's Special Counsel
This week, Trump is recycling the arguments that got the Mar-a-Lago case thrown out on Judge Chutkan in DC– but in a motion asking for a filing extension; if elected, Trump confirms that he would fire Jack Smith right away; the super PAC funding Trump’s legal bills is spending money faster faster than it’s taking it in; and the government opposes a motion to remove Judge Cannon from hearing the case against Trump’s would-be assassin. Plus listener questions.
Sun, 27 Oct 2024 - 1h 03min - 825 - Episode 99 | The Evidence Appendix
This week, we have a motion from Donald Trump asking to delay the release of the massive four volume evidence appendix from Jack Smith, as well as Judge Chutkan’s succinct denial of Trump’s delay; Smith’s response to Trump’s new motion to dismiss on statutory grounds; Judge Chutkan’s 50 page denial of most of Trump’s motion to compel discovery; and a surprise filing regarding Judge Aileen Cannon in Florida. Plus listener questions.
Sun, 20 Oct 2024 - 1h 12min - 824 - Episode 98 | The First Amendment Argument
This week, Judge Chutkan rules on Trump’s objection to the whether the immunity brief’s appendix can be public; Judge Chutkan also rules on Trump’s request for more time to respond; and Trump filed a supplemental motion to dismiss. Plus listener questions.
Sun, 13 Oct 2024 - 1h 02min - 823 - Reading the Annotated Immunity Brief | Part 5
Sit back and enjoy smooth legal writing of Jack Smith as read by Allison Gill. Part 5 Thank you to Adam Klasfeld for filling in the redacted names.Who's Who in Jack Smith's Immunity Brief
Thu, 10 Oct 2024 - 45min - 822 - Reading the Annotated Immunity Brief | Part 4
Sit back and enjoy smooth legal writing of Jack Smith as read by Allison Gill. Part 4 Thank you to Adam Klasfeld for filling in the redacted names.
Thu, 10 Oct 2024 - 1h 03min - 821 - Reading the Annotated Immunity Brief | Part 3
Sit back and enjoy smooth legal writing of Jack Smith as read by Allison Gill. Part 3 Thank you to Adam Klasfeld for filling in the redacted names.
Wed, 9 Oct 2024 - 1h 09min - 820 - Reading the Annotated Immunity Brief | Part 2
Sit back and enjoy smooth legal writing of Jack Smith as read by Allison Gill. This is episode 2 of 3 –The Michigan Pressure Campaign
Tue, 8 Oct 2024 - 1h 05min - 819 - Reading the Annotated Immunity Brief | Part 1
Sit back and enjoy smooth legal writing of Jack Smith as read by Allison Gill. Part 1 Thank you to Adam Klasfeld for filling in the redacted names.
Mon, 7 Oct 2024 - 53min - 818 - Episode 97 | The Immunity Brief
This week, Judge Chutkan unsealed Jack Smith’s immunity brief with its limited redactions over Donald Trump’s objections. Plus, listener questions.
Sun, 6 Oct 2024 - 1h 07min - 817 - Episode 96 | Leave to File
This week, Judge Chutkan approves Jack Smith’s request to exceed the page limit with his immunity brief over Trump’s objection; Trump’s earlier win on what doesn’t have to be filed under seal may come back to bite him.
Sun, 29 Sep 2024 - 59min - 816 - Episode 95 | Roberts Goes Maximalist (feat. Dahlia Lithwick)
This week, new reporting from Propublica shows Judge Aileen Cannon’s failure to disclose gifts and trips; Donald Trump files his omnibus reply in support of additional discovery in the DC case; and Dahlia Lithwick joins to discuss the latest revelations about SCOTUS.Plus, listener questions.
Sun, 22 Sep 2024 - 1h 13min - 815 - Episode 94 | Remove Judge Cannon
This week, we’re still 11 days from the deadline for Special Counsel to file their immunity brief in DC. Let's take a look at the two amici briefs to the 11th Circuit requesting that Judge Cannon be removed from the Mar-a-Lago case.Then we’ll take a quick look at why claims that the 2020 election cases “were all thrown out on standing” is a lazy lie from Trump and his allies.Plus, listener questions.
Sun, 15 Sep 2024 - 1h 01min - 814 - Episode 93 | Chutkan’s Orders
This week, the Special Counsel’s office and Donald Trump's lawyers filed their joint status report with Judge Chutkan in the DC case outlining how they think the rest of this proceeding should go; Judge Chutkan ruled on the schedule; Jim Jordan sent a letter to Merrick Garland saying that the superseding indictment violates DOJ policy; and Justice Ketanji Brown Jackson comments publicly about the SCOTUS immunity ruling. Plus, listener questions.
Sun, 8 Sep 2024 - 1h 07min - 813 - Episode 92 | Superseding Indictment
This week, Jack Smith hits Trump with 4 superseding indictments in DC to meet the Supreme Court’s rules of presidential immunity. Jack has also filed his brief in the 11th Circuit appealing Judge Cannon’s dismissal. Plus, a listener question.
Sun, 1 Sep 2024 - 1h 11min - 812 - Episode 91 | The Hamilton Live (feat. Glenn Kirschner, Pete Strzok, Brian Greer, Dana Goldberg, and Andy McCabe)
This week we are sharing the discussion part of our MSW Media live show in D.C. at The Hamilton Live. Big shoutout to the crew at the venue! They are all top notch and we can’t wait to go back! We’ll be back with a regular episode next week to discuss Jack Smith’s filings that are coming due soon!
Sun, 25 Aug 2024 - 1h 04min - 811 - Episode 90 | Intrusion Upon Seclusion
This week: Donald Trump filed a $100M dollar [frivolous] lawsuit against the Department of Justice over their execution of the search warrant at Mar-a-Lago; there’s a strong argument that Jan 6 plea deals will withstand the recent SCOTUS ruling on 1512c2. Plus we take some listener questions.
Sun, 18 Aug 2024 - 1h 04min - 810 - Episode 89 | Back to the Docket
Judge Chutkan is back to moving things along as swiftly as possible by ordering a status conference, denying Trump’s motions to dismiss.Jack Smith asked for a little more time to brief the court on how the Supreme Court ruling on presidential immunity will affect the indictment and future proceedings. Plus we take some listener questions.
Sun, 11 Aug 2024 - 59min - 809 - Episode 88 | Restart Your Engines
Jack Smith has not requested an expedited briefing schedule in the appeal to the 11th Circuit to reverse Cannon’s dismissal.Cameras caught Chesebro doing his dirty work to perpetuate the Jan 6 scheme.Judge Chutkin has her case back!We shed some light on Trump’s Project 2025 plan for DoJ.Plus we take some listener questions.
Sun, 4 Aug 2024 - 1h 03min - 808 - Episode 87 | Appeal Primer
This week we go over what Jack Smith’s appeal to the 11th Circuit will look like and why Judge Cannon will likely be overturned. Donald Trump threatens to sue DoJ for violating his Constitutional rights. Plus we take some listener questions.
Sun, 28 Jul 2024 - 1h 02min - 807 - Episode 86 | Move to Expedite
This week Jack Smith filed notice that DoJ will be appealing to the 11th Circuit Judge Cannon’s dismissal of the Mar-a-Lago indictment. We expect that he will request that the appeal is heard on an expedited basis. The sentences of many January 6 rioters who had a charge of obstructing an official proceeding are being revised due to the recent SCOTUS decision narrowing the scope of the charge. Plus we take several listener questions.
Sun, 21 Jul 2024 - 1h 05min - 806 - Episode 85.5 | Cannon Dismisses the Case
She did it! Judge Aileen Cannon dismissed the Mar-a-Lago case. She bought Justice Clarence Thomas’s drive-by concurrence in the immunity ruling saying Jack Smith was appointed unconstitutionally. Jack Smith has requested permission from Merrick Garland to appeal Cannon’s ruling.
Tue, 16 Jul 2024 - 59min - 805 - Episode 85 | Prepare to be Underwhelmed (feat. Hugo Lowell)
The immunity question will be in Judge Chutkin’s court very soon. It’s unlikely that we’ll get a public hearing to decide what evidence is admissible. In Florida, Judge Cannon denied de Oliviera’s motion to dismiss based on selective and vindictive prosecution. Plus, listener questions and more!
Sun, 14 Jul 2024 - 1h 10min - 804 - Bonus | Immunity, They Wrote (Allison on Sunday Extra)
Allison was a guest on ABC Radio National | Sunday Extra to discuss the immunity ruling Check out more from Australia! Sunday Extra presents a mix of national and international affairs, analysis and investigation with Julian Morrow
Tue, 9 Jul 2024 - 14min - 803 - Episode 84 | Presidents Become Kings (feat. Steve Vladeck)
Steve Vladeck joins Allison and Andy to discuss the immunity ruling from SCOTUS. The Roberts Court showed that it is more beholden to ideology than the Constitution.What’s next for the Trump prosecutions? What’s next for the country?
Sun, 7 Jul 2024 - 1h 08min - 802 - Episode 83 | Side Quests in Mar-a-Lago
Judge Cannon is off on several side quests. Including hearings on alleged violations of Trump’s 4th Amendment rights; the funding of the Special Counsel; Evan Corcoran’s notes. She’s also called for briefings on Trump’s motion to dismiss based on spoliation of evidence. We have updates to Jack Smith’s motion to modify Trump’s bail conditions and information about a previously unknown trip Trump took from Bedminster to Mar-a-Lago before the search to check on his boxes. The Supreme Court handed down its ruling on the Fischer case. How does their interpretation of 18 U.S. Code § 1512 affect Trump’s indictment? Plus, a listener question.
Sun, 30 Jun 2024 - 1h 06min - 801 - Episode 82 | Against Her Better Judges
It has come to light that two “more experienced” judges urged Cannon to recuse herself from the Mar-a-Lago documents case. One of them was Chief Judge Altonaga. Nevertheless, Cannon stayed on the case and has turned it into a complete mess. America First Legal– a Stephen Miller joint– has been allowed to participate as amici. We are still waiting on SCOTUS to drop their Presidential Immunity opinion so the DC case can proceed. Plus, listener questions.
Sun, 23 Jun 2024 - 1h 08min - 800 - Episode 81 | Anatomy of an Indictment
Judge Cannon struck a paragraph from Trump’s indictment and denied denied Trump’s motion to dismiss on insufficient pleading grounds. She may have made a significant legal error in one of her rulings. Trump filed a new motion to dismiss claiming spoliation of evidence. All this and more! Plus, a listener questions and more.
Sun, 16 Jun 2024 - 1h 02min - 799 - Jack | Episode 80 | Cannonagans
Again, Judge Cannon has rearranged the pre-trial schedule AND is allowing oral arguments from non-parties in a hearing about whether Jack Smith was appointed and funded appropriately. This is the same sort of motion to dismiss that Judge Chutkin dismissed in a matter of days. We have an update on Jay Bratt’s motion to modify bail conditions that he refiled since our last episode. Walt Nauta’s attorney cops to missing filing deadlines. Federal law enforcement is still investigating the Michigan fraudulent electors scheme. Plus, a listener question and more.
Sun, 9 Jun 2024 - 1h 05min - 798 - Episode 79 | Thought Police
Judge Aileen Cannon has denied DoJ’s motion to modify Trump's bail conditions. The Smith team filed the motion without conferring with Trump, but not on an emergency basis. She also denied Trump’s request for sanctions. Jack’s team has refiled their motion after conferring with Trump’s lawyers. Cannon calls for briefs in an upcoming hearing to determine whether the appointment of Jack Smith is lawful. Andy and Allison also detail why this case was brought in Florida and not D.C. Trump was found guilty on all 34 felony counts in New York. Plus, a listener question.
Sun, 2 Jun 2024 - 1h 12min - 797 - Episode 78 | Loco Motions
Judge Aileen Cannon continues to complain– after much deliberation– about having to grant DoJ’s motions. Trump’s lawyers deceive the court in their motion to dismiss by mischaracterizing the language in the Mar-a-Lago search warrant. Hearings on that got heated. DoJ files a motion to modify Trump’s bail conditions. Chief judge for the D .C. District Court denied Walt Nauta's overly broad bid to release all grand jury matters related to the investigation to the Florida court. Plus listener questions and more.
Sun, 26 May 2024 - 1h 09min - 796 - Episode 77 | Cannon’s Canon
Judge Aileen Cannon is successfully bogging down the Mar-a-Lago proceedings. It seems undeniable that she is biased towards Trump. At least that’s what Trump supporters have thought all along.Justice Sam Alito tries to throw his wife under the bus for flying an upside-down American flag in front of their house. Plus, a listener question about sentencing Trump.
Sun, 19 May 2024 - 1h 08min - 795 - Episode 76 | Live from The Hayden Center at the Schar School of Policy and Government
Today we bring you our live panel discussion hosted by Anna Bower of Lawfare and featuring myself, our SIPA expert, Brian Greer, and of course, Andy McCabe. In this show, we'll be going over the latest trial postponement from Judge Aileen Cannon, as well as an overview of where we are now, where we started, and how we got here. Plus, audience questions!
Sun, 12 May 2024 - 1h 23min - 794 - Episode 75 | Chock Full of Run-on Sentences
Donald Trump has submitted his motion to dismiss the Florida espionage and obstruction charges based on vindictive and selective prosecution. Trump argues (erroneously and weakly) that his conduct was similar to that of Mike Pence and President Joe Biden. Walt Nauta’s grand jury testimony has been released. With a few notable exceptions, it’s mostly the same lies he told the FBI. Michigan’s Attorney General executed a search warrant to get hundreds of pages of documents from Chesebro’s secret twitter account. We go over how that could affect Jack Smith’s case.Plus, a listener question and more!
Sun, 5 May 2024 - 1h 22min - 793 - Episode 74 | This is Not the Vehicle
The Supreme Court has heard arguments in Trump’s claim of absolute immunity. We’re going over the highlights and lowlights from the hearing. Including Justice Alito’s misreading of the DC Circuit’s ruling. Plus, a listener question, and more!
Sun, 28 Apr 2024 - 1h 17min - 792 - Episode 73 | Ford Immunity
This week; Donald Trump had a bad week and the coming weeks don’t look much better for him. The jury has been seated in the Manhattan election interference case. There’s a hearing scheduled regarding his shady bond in the NYAG civil fraud case. CIPA Section 5 deadlines are rapidly approaching in the Mar-a-Lago willful retention case. Oral arguments in the Supreme Court over Trump’s immunity bid in the January 6 case are scheduled for next week. Plus, a couple of listener questions, and more!
Sun, 21 Apr 2024 - 1h 09min - 791 - Episode 72 | Clear as Mud
This week; a long list of retired Admirals and Generals filed an amicus brief to the Supreme Court in Trump’s upcoming absolute immunity argument. In Florida, Judge Cannon grants, in part, Smith’s motion to reconsider releasing witness names and statements. Cannon also set an April 12th hearing for Nauta’s and de Oliveira’s Motions to Dismiss. Andy has some fun going over the transcript of Nauta’s FBI interview. Plus, a couple of listener questions, and more!
Sun, 14 Apr 2024 - 1h 22min - 790 - Episode 71 | Post Hoc Legal Invention
This week; Jack Smith responds sharply to Judge Cannon's order to write jury instructions based on the Presidential Records Act (PRA); Cannon denies Trump’s Motion to Dismiss based on the PRA, but doesn’t rule that he cannot try to use it as a defense. The American College of Trial Lawyers release a statement condemning Trump’s dangerous rhetoric as a risk to democracy. Plus, a couple of listener questions, and more!
Sun, 7 Apr 2024 - 1h 10min - 789 - Episode 70 | Motion Practice
This week in Cannon’s court; both sides file notices of responses and replies that they've filed on the secret docket, but DoJ’s public filing gives a glimpse into what is in the secret filings; Carlos de Oliveira requests a bill of particulars in his response to DoJ’s opposition to his motion to dismiss; we are still awaiting responses to Cannon’s order to submit potentially erroneous jury instructions. We have updates on John Eastman’s and Jeffrey Clark’s disbarment proceedings. Plus, a couple of listener questions, and more!
Sun, 31 Mar 2024 - 1h 07min - 788 - Episode 69 | Dismiss or Get Off The Pot (feat. Brian Greer)
This week: the New York Times sheds light on the timeline of DoJ’s investigation into the coup plot; Trump’s immunity brief has been filed with the Supreme Court; Brian Greer joins us to discuss Judge Cannon’s odd order regarding jury instructions and the PRA.
Sun, 24 Mar 2024 - 1h 25min - 787 - Episode 68 | Judicial Glosses
This week, in Mar-a-Lago, Jack Smith responds to Trump’s motions to dismiss, Cannon dismissed one of Trump’s motions, but that’s not all good; Steven Miller’s organization filed an amicus brief supporting dismissing the case based on the Presidential Records Act; Judge Cannon extends the filing period for reply briefs and lays the groundwork for what could be some serious shenanigans. In an interview with Kaitlin Collins “Witness #5” said he heard a Mar-a-Lago guest discussing that Trump told him confidential information about submarines. Plus, a couple of listener questions, and more!
Sun, 17 Mar 2024 - 1h 06min - 786 - Episode 67 | Stop Trying to Make Immunity Happen
This week, in Mar-a-Lago, DoJ responds to Trump’s Motion to Dismiss based on immunity and the PRA; DoJ responded to Trump’s Motion to Suppress the fruits of the Mar-a-Lago search, but that filed on Judge Cannon’s secret docket The DC case may be impacted by emails that reveal new communications indicating Sen. Ron Johnson and his top aide were told papers sent to his office on Jan. 6 had to do with Wisconsin's Presidential Electors. Plus, a couple of listener questions.
Sun, 10 Mar 2024 - 1h 13min - 785 - Episode 66 | Cannon’s Mini Shadow Docket (feat. Brian Greer)
This week in Florida: Judge Cannon rules in favor of DoJ’s motion to keep witness names under seal even while saying that DoJ has the law wrong; several rulings on CIPA Section 4 motions including Nauta and De Oliveira’s bid to get access to classified discovery. In the DC case, Kenneth Chesebro had a secret Twitter account that he kept from investigators. Plus, another thought-provoking listener question, and more.
Sun, 3 Mar 2024 - 1h 21min - 784 - Episode 65.5 | The One Where They Granted Cert
Earlier today, SCOTUS granted cert to hear arguments in Trump’s immunity motion. At the very least, this further delays Trump’s current federal trials.
Thu, 29 Feb 2024 - 46min - 783 - Episode 65 | The Longer the Better (feat. Steve Vladeck)
This week; Professor Steve Vladeck joins to discuss Trump’s immunity motion and the probable scenarios that are playing out within the SCOTUS; Trump files a plethora of motions in Florida; Carlos De Oliveira, co-defendant in the classified documents case, files a motion to dismiss; Governor Kemp reveals that he was interviewed by Jack Smith’s team; Smirnov is arrested; plus Allison and Andy answer a couple of listener questions.
Sun, 25 Feb 2024 - 1h 07min - 782 - Episode 64 | Cert du Delay
This week; Trump’s application for a stay on the immunity issue has been fully briefed to the Supreme Court– they can rule any day; Judge Engoron in the NYAG civil fraud trial has fined Trump, his two adult sons, and Weisselberg a total of $364M; plus some listener questions about Robert Hur.
Sun, 18 Feb 2024 - 1h 06min - 781 - Episode 63 | Clear Error; Manifest Injustice (feat. Brian Greer)
Brian Greer joins to discuss the CIPA process and Trump’s latest attempts to derail the Mar-a-Lago case; DoJ’s response to Trump’s motion to compel, and their motion for Judge Cannon to reconsider her ruling; Just Security outlines some possible timelines for the DC case to proceed; plus listener questions.
Sun, 11 Feb 2024 - 1h 23min - 780 - Episode 62.5 | Immunity Emergencysode
It has arrived…and it doesn’t disappoint! The DC Circuit ruled 3-0 that Trump is not immune from prosecution for his actions on and around January 6, 2021.
Wed, 7 Feb 2024 - 1h 06min - 779 - Episode 62 | Missing Classified Documents
So far, Trump’s delay tactics seem to be working In DC, Judge Chutkan has taken Trump’s trial off of her calendar as the DC Court of Appeals has yet to issue its ruling on Trump’s immunity claim. There is reporting about alleged misconduct by Walt Nauta that led to the revocation of his security clearance while he was working at the White House. Also, there are reports of locked closets and secret rooms that the FBI did not search when they executed their search warrant in Mar-a-Lago as Judge Cannon continues to bog down the documents cases. Plus a couple of great listener questions.
Sun, 4 Feb 2024 - 1h 04min - 778 - Episode 61 | Expert Witness List
Before the E. Jean Carroll damages were announced it looked like Trump was having a pretty ok week. His DC trial is stayed; Jack Smith filed a list of expert witnesses in the Mar-a-Lago case; and the prosecution in Fulton County is getting some bad press. Representative Barry “Look-at-that-beautiful-sconce” Loudermilk seems to want to get the names of some White House personnel who testified to the January 6 Committee with the guarantee that their names would remain anonymous. Plus another great listener question.
Sun, 28 Jan 2024 - 1h 10min - 777 - Episode 60 | Executive Privilege Hands
This week, Judge Chutkan rules on Trump’s request to hold Jack Smith in contempt. An appeals court has decided not to hear Trump’s appeal regarding the Twitter warrant. In Florida, there have been multiple filings and rulings, including notice of a motion from Trump challenging CIPA Section 4. Plus, we have some great listener questions and more.
Sun, 21 Jan 2024 - 1h 04min - 776 - Episode 59 | The Parade of Horribles
Trump’s attorney argues for absolute immunity in front of a three-judge panel in the DC Circuit Court and it goes pretty horribly; DoJ responds to Trump’s contempt motion in DC; SWATing is all the rage; In Florida, Judge Cannon says Trump’s team does not have to let DoJ know whether they are preparing an advice of counsel defense. Plus, we have some great listener questions.
Sun, 14 Jan 2024 - 1h 14min - 775 - Episode 58 | Contempt
We are just days away from hearing arguments regarding Trump’s claim of “total presidential immunity”in the DC Circuit Court of Appeals; we’ll be discussing those briefs. Jack Smith has subpoenaed the firms Trump paid to investigate the 2020 election. Trump moves to hold DoJ in contempt for continuing to meet pre-trial filing deadlines while the DC case is stayed. In Florida, Trump files his opposition to DoJ’s motion to compel Trump to disclose whether he will be using an advice of counsel defense. Plus, we have some great listener questions.
Sun, 7 Jan 2024 - 1h 09min - 774 - Episode 57 | This is OUR Constitution (feat. Judge Luttig)
This week, we are joined by Judge J. Michael Luttig to go over the brief helped write to the District Court on DC in support of DoJ’s proposed trial date and against Trump’s claims of immunity. Judge Luttig reminds us that it is the Constitution, not politics, that disqualifies Trump from holding federal office, again.Then, we discuss DoJ’s motion to limit specific arguments and evidence that Trump may try to bring up at trial.Plus, we have some great listener questions.
Sun, 31 Dec 2023 - 1h 20min - 773 - Episode 56 | Show Me The Dicta
This week, Trump filed his opposition to Jack Smith’s SCOTUS petition in the immunity case, and the Supreme Court has denied that petition to grant certiorari before judgment. Meanwhile, the DC Circuit Court of Appeals has granted Jack Smith’s request for an expedited appeal. Also, Trump has asked for a hearing in front of the full DC Circuit court panel on his appeal of Judge Chutkan’s limited gag order. Even though the DC trial has been stayed, Jack Smith filed his exhibit list and discovery with Trump’s lawyers, who refused to accept it. There’s another perfect Trump call, this time with Michigan canvassers in November of 2020. A newly unsealed court filing shows Jack Smith was looking at obstruction and false statements charges for Jeffrey Clark and John Eastman. Another federal judge has ordered Rep. Scott Perry to hand over communications to Jack Smith. In Florida, we have Jack Smith’s motion and Trump’s opposition to a jury questionnaire and filings on whether CIPA Section 4 should be ex parte and whether classified documents should go to Nauta and de Oliviera. Plus, we have some great listener questions.
Sun, 24 Dec 2023 - 1h 03min - 772 - Episode 55 | Jack’s SCOTUS Gambit (feat. Steve Vladeck)
This week, Jack Smith moves to bypass the District Court and have SCOTUS weigh in on Trump’s motion to dismiss based on Donald’s claim of absolute presidential immunity. Also, SCOTUS has agreed to review the Fisher case to clear up the question of what “corruptly” means in the context of interfering with a congressional proceeding. There are updates around a missing binder full of Crossfire Hurricane material. Plus, we have some great listener questions. Our guest: Steve Vladeck
Sun, 17 Dec 2023 - 1h 20min - 771 - Episode 54 - On a Scale of Durham to Smith
In DC, Jack Smith moves to admit evidence from before the DC conspiracy and files the opposition to Trump’s motion to stay the entire proceeding. JPotential jurors are being pre-screened for the March 4 trial. In Mar-a-Lago, Judge Cannon is handed her first real test and the chance to make an appealable decision concerning CIPA Section 4 filings. Hunter Biden gets indicted on nine tax charges by Special Counsel David Weiss. We rank the recent Special Counsels. Plus, we have some great listener questions.
Sun, 10 Dec 2023 - 1h 10min - 770 - Episode 53 - Monarchy Motion Denied
This week, Trump’s motion to declare him immune from prosecution is denied as is his fishing expedition motion to produce imaginary “missing” January 6 Committee materials; more from Rep. Scott Perry’s phone; Ken Chesebro is taking his fraudulent electors scheme talk cross-country, maybe to a jurisdiction near you. Plus, we have some great listener questions.
Sun, 3 Dec 2023 - 1h 14min - 769 - Episode 52 - Total Protonic Reversal
This week, Trump’s motion to have references to Jan 6 stricken from the DC indictment is denied; there’s a response to DoJ’s opposition to televising the DC trial; Trump’s Fulton County legal team wants access to DoJ’s discovery in the DC case; Trump files motion to dismiss the DC charges. Plus, we have some great listener questions.
Sun, 26 Nov 2023 - 1h 09min - 768 - Episode 51 - Overcooked Ham
It’s been one year since Jack Smith was appointed Special Counsel to investigate Trump for the willful retention of classified documents, and the crimes surrounding the attempted coup. This week we take a look at new reporting about the meeting where Trump’s lawyers tried to convince DoJ not to indict. New motions and responses to the request for the DC trial to be televised. The DC Circuit Court temporarily lifts Trump’s gag order. Judge Cannon continues to add delays to the proceedings in Florida. Plus, we have some great listener questions.
Sun, 19 Nov 2023 - 1h 04min - 767 - Episode 50 - Going Through the Motions
This week: Trump’s team tries to drown the proceedings in an ocean of motions; Jack Smith shows that the January 6th attack on the Capitol is integral to the government’s case against Trump in DC. In Florida, Judge Cannon seems to be doing all she can to delay the trial, even by doing something potentially unprecedented with regard to CIPA. Plus, listener questions.
Sun, 12 Nov 2023 - 53min - 766 - Episode 49 - Stay the Whole Enchilada (feat. Brian Greer)
In DC, we have updates on the limited gag order Judge Chutkan issued; and Trump's moves to stay the entire proceedings while awaiting a ruling on his motion to dismiss based on presidential immunity. In Florida, DoJ filed a notice to the court regarding Trump’s attempts to delay other trials by playing one venue off the other. Brian Greer is here to go over CIPA filings and rulings in DC and Florida. A document comes up in the NYAG civil fraud trial that might be of interest to Jack Smith’s team. John Eastman says that disbarment proceedings in California are strengthening his belief in the big lie. Plus, listener questions.
Sun, 5 Nov 2023 - 1h 19min - 765 - Episode 48 - Trump’s Festivus
This week, Trump’s team filed several motions in the DC case. Three are motions to dismiss; one is a motion to strike language from the indictment. Jack Smith brings up Trump’s violations of the New York civil trial gag order. Federal prosecutors have quietly withdrawn a subpoena seeking records from Trump's 2020 campaign. A panel of federal judges rejects requests to allow live television coverage of Trump’s federal trials. More delays in Florida as Judge Cannon to hear arguments about DoJ’s compliance with discovery. More information comes out about that Australian Billionaire who likes hearing about US nuclear submarine capabilities. Plus, listener questions and more.
Sun, 29 Oct 2023 - 1h 13min - 764 - Episode 47 - Come On, Aileen
This week in Judge Aileen Cannon’s court, Walt Nauta waives his attorney’s possible conflict of interest; Jack Smith files the government’s opposition to Trump’s request to delay the trial. In DC, Judge Tanya Chutkan issues a partial gag order; and DoJ responds to Trump’s absolute immunity claim in his motion to dismiss. Sidney Powell and Kenneth Cheseboro plead guilty in the Fulton County Rico case. Jack Smith withdraws the subpoena of the Save America PAC. DoJ plans to appeal the Proud Boys’ sentences. Plus, a couple of listener questions.
Sun, 22 Oct 2023 - 1h 12min - 763 - Episode 46 - The Fuzzy Math Cookie Jar
This week in Florida, Jack Smith’s office files the government’s response to Trump’s motion for a revised CIPA schedule, claiming, in part, that it is a precursor to a motion to delay the entire trial, and we learn that Jack Smith may intend to prove Trump’s motive in taking and retaining the documents, and Judge Cannon holds conflict of interest hearings In DC, DoJ filed a motion asking Judge Chutkan to require Trump to disclose whether he intends to employ an “advice of counsel” defense as that would affect discovery; Trump’s defense team objects to something in the DoJ’s motion to use “fair and protective jury procedures” but it is unclear what; Trump files a motion for “Select Committee Missing Materials” that may not even exist. In other Special Counsel news, Robert Hur interviewed President Biden for several hours; reporting says that Hur plans to wrap up his investigation soon. And we have a correction from last week
Sun, 15 Oct 2023 - 59min - 762 - Episode 45 - A Tale of Two Judges
This week in Florida, Judge Aileen Cannon stays the trial calendar pending Trump’s motion for a delay due to CIPA section 4, and new reporting that Trump shared nuclear submarine capabilities with an Australian businessman. In DC, Donald files a motion to dismiss all charges based on absolute presidential immunity; an opposition to DOJ CIPA motions; Jack Smith files a motion in support of his original motion for a pre-trial don’t-call-it-a-gag order based on Trump’s posts about Mark Milley and an unrelated possible firearm purchase. SCOTUS declines to hear Eastman’s attempt to block access to his emails; plus a listener question.
Sun, 8 Oct 2023 - 58min - 761 - Episode 44 - Scary Court Season
This week in the DC case: Judge Chutkan denies Donald’s motion to recuse, Trump files motions to delay CIPA actions, and opposition to the don’t-call-it-a gag order. In Florida, Judge Cannon grants, in part, Jack Smith's motion for conflict of interest hearings; Trump asks for a delay on section 4 of CIPA; and Judge Cannon will receive briefs from both sides on whether to allow Nauta to view classified evidence, and more; plus a listener question.
Sat, 30 Sep 2023 - 1h 08min - 760 - Episode 43 - One of those Jumpsuits (feat. Brian Greer)
This week: Rolling Stone reports that Trump is privately fretting about possibly going to prison; DoJ filed their proposed don’t-call-it-a-gag order in the DC case; CIPA expert Brian Greer joins Allison to discuss the implications of that and what’s going on with a supplemental briefing Judge Cannon requested; plus a couple of very fine questions from some very smart and good-looking listeners.
Sun, 24 Sep 2023 - 1h 13min - 759 - Episode 42 - Don’t Call it a Gag Order
This week: we have multiple court filings to discuss including a narrow gag order motion from Jack Smith in the DC coup conspiracy case; a motion from Trump for the judge in that case to recuse, and the Special Counsel’s opposition to that motion; a DC circuit court of appeals decision on the Rep. Scott Perry phone warrant; the sealed court order from Judge Beryl Howell on the Trump Twitter account search warrant; in Florida, there are new details about what Yuscil Taveras did after De Oliveira asked him to delete surveillance footage; Judge Cannon finally approved the protective order; plus listener questions.
Sun, 17 Sep 2023 - 1h 07min - 758 - Episode 41 - Staggering Desperation
This week: CNN reports that an investigation into voting machine breaches continues as the federal grand jury meets again after a four-week break; DoJ opposes a motion to vacate in the DC case; a partial win for Rep. Scott Perry in his fight to keep his phone data from Jack Smith; new reporting on Giuliani aide Kathrine Friess; a cooperation agreement between the DoJ and Yuscil Taveras in the Mar-a-Lago documents case; plus a listener question, and more.
Sun, 10 Sep 2023 - 1h 08min - 757 - Episode 40 - But for my Besotted Attorney
This week: A trial date of March 4, 2024, and a full trial schedule are set by Judge Chutkan in the DC case (Allison was there); prosecutors on Jack Smith’s team were asking questions about Rudy Giuliani’s drinking and level of inebriation while advising Trump leading up to the events on January 6th; more Republican efforts to defund the Special Counsel; the curious case of Harrison Floyd reveals Jack Smith’s previously unknown investigation into the intimidation of Ruby Freeman in Georgia; in Florida, we have a speedy trial invocation from Carlos de Oliveira; seven redacted search warrants with a focus on Walt Nauta; plus a listener question.
Sun, 3 Sep 2023 - 57min - 756 - Episode 39 - The Public Docket
This week, in Fulton County, all 19 racketeering defendants have been booked; the DoJ responded to Trump’s April 2026 trial date request, and an update on three key cases awaiting DC Circuit rulings. Meanwhile, in Coannonland, Florida; de Oliveira is subject to the deadlines in the court’s scheduling order; the DoJ entered a detailed filing responding to Woodward and Cannon’s questions about Woodward’s conflict of interest and the use of grand juries in two jurisdictions. Plus a couple of listener questions and more!
Sun, 27 Aug 2023 - 56min - 755 - Episode 38 - Musk Capes for Donald
This week: Allison and Andy discuss the conspiracy against rights case; charges have been brought against a woman for threatening to kill Judge Chutkan; Trump files his motion for a trial date as Judge Luttig files an amicus brief in support of the DoJ’s recommendation of January 2nd; images show Kenneth Chesebro was with Alex Jones at the Capitol on January 6th; transcripts of the hearing over Trump's Twitter account have been unsealed; grumblings in Cannonland; plus a couple of listener questions and more!
Sun, 20 Aug 2023 - 1h 04min - 754 - Episode 37 - Mop-up Cases
This week: Allison and Andy discuss recent the developments in the case against Trump in D.C. - including a protective order hearing and Judge Chutkan’s statements reconfirming that Trump will be treated as any other criminal defendant; Judge Cannon raises questions about her ability to handle the case against Trump in Florida; Weiss gets tapped as Special Counsel in the Hunter probe; plus a listener question and more!
Sun, 13 Aug 2023 - 1h 05min - 753 - Reading of The D.C. IndictmentSun, 6 Aug 2023 - 1h 38min
- 752 - Episode 36 - The Indictment in DC
This week: Allison and Andy discuss the most recent federal indictment of Donald Trump and his arraignment in D.C.; names of the unindicted co-conspirators are sussed out; De Oliviera and Nauta have still not been arraigned in the espionage at Mar-a-Lago case; DoJ argues to Judge Cannon that attorney Stan Woodward has a conflict of interest with two of his clients in the Mar-aLago case; plus a listener question and more!
Sun, 6 Aug 2023 - 1h 08min - 751 - Episode 35 - Obstruction Inception (feat. Brian Greer)
This week: Allison and Andy discuss the superseding indictments that came down on Trump and Nauta; the head of maintenance at Mar-a-Lago gets a charge; CIPA expert Brian Greer joins for the “Under Seal” segment to talk about the Iran document and CIPA schedule; prosecutors in the coup plot investigation met with Bernie Kerik, Brian Kemp, and Trump’s lawyer; plus a listener question and more!
Sun, 30 Jul 2023 - 1h 08min - 750 - Episode 34 - Full Legal Dance Card
This week: Trump gets a target letter for the January 6th investigation; more witness testimony from Trump allies including Will Russell; cooperation from former Arizona Governor Doug Ducey; a subpoena for State Farm Arena video footage; continued scrutiny of the Willard War Room; Bernie Kerik in talks with special counsel; Judge Aileen Cannon set a trial date for the documents case; failed to get the Manhattan hush money case moved to federal court, and also lost his bid to re-try the E. Jean Carroll case, and more.
Sun, 23 Jul 2023 - 56min - 749 - Episode 33 - Model Prosecution (feat. Norm Eisen)
This week: Allison and Andy are joined by Senior Fellow at Brookings and CNN legal analyst Norm Eisen to talk about Just Security’s newly released pros memo that lays out a path to prosecuting Trump for federal election crimes; Trump’s team requests a delay to the start of the documents case; DoJ files a speedy trial report; plus listener questions, and more.
Sun, 16 Jul 2023 - 1h 07min - 748 - Episode 32 - The Education of Aileen Cannon (feat. Brian Greer)
This week: Allison and Andy are joined by former CIA attorney Brian Greer to talk about the handling of classified documents by the court in the Mar-a-Lago case; DoJ and Jack Smith have been investigating Trump’s plans to seize voting machines; Jack Smith subpoenaed the Arizona Secretary of State’s Office as recently as May; Rudy news; plus listener questions, and more.
Sun, 9 Jul 2023 - 58min - 747 - Episode 31 - Three Box Monte
This week: Jack Smith is still issuing subpoenas in the documents case; some Trump allies sign cooperation deals; new testimony from Rudy Giuliani and Brad Raffensperger; a FOIA lawsuit reveals sinks a key Trump defense; plus listener questions.
Sun, 2 Jul 2023 - 51min - 746 - Episode 30 - Consent Search
This week: Judge Cannon has set a trial date, but it’s unclear where the proceedings will be; the January 6th probe continues along with a new witness testifying before that grand jury in DC; findings of the GA investigation into voter fraud; plus listener questions.
Sun, 25 Jun 2023 - 1h 02min - 745 - Episode 29 - CIPA and the Silent Witness (feat. Brian Greer)
This week: Allison and Andy are joined by Brian Greer. Brian is a former associate counsel at the CIA. He’ll help us understand CIPA rules, so-called “Goldilocks Docs,” the “silent witness” rule, and more; plus the January 6th investigation keeps moving along. Follow Brian Greer on Twitter: https://twitter.com/secretsandlaws
Sun, 18 Jun 2023 - 1h 10min - 744 - Episode 28.5 - Unsealed: Trump's Federal Indictment
This week: Trump (and Walt Nauta) get indicted in the Mar-a-Lago documents case and the indictment has been unsealed.
Sun, 11 Jun 2023 - 46min - 743 - Episode 28 - Trump’s Federal Indictment
This week: Trump (and Walt Nauta) get indicted in the Mar-a-Lago documents case (this episode was recorded before the indictment became public); the transcript of Trump showing off a classified document is released; the January 6 investigation is still moving forward; plus a listener question and more.
Sun, 11 Jun 2023 - 1h 00min - 742 - Episode 27 - Docs, Lies, and Audiotape
This week: Special Counsel has an audio recording of Trump acknowledging that he retained at least one classified document after his presidency - blowing up his “I declassified everything with my mind” defense; Evan Corcoran was waved off of searching anywhere other than the Mar-a-Lago storage room; the “IT Guy” and Nauta share a lawyer paid by the Save America PAC; the firing of Kris Krebs speaks to Trump’s state of mind around creating a coup-friendly environment; plus listener questions and more.
Sun, 4 Jun 2023 - 1h 11min - 741 - Episode 26 - Copious Notes
This week: the Mar-a-Lago Grand Jury hasn’t met since May 5th; a new informant who worked at Mar-a-Lago comes forward; the LIV Golf investigation expands; the documents investigation moves into Trump’s foreign real estate deals; some Oath Keepers get sentenced; plus listener questions and more.
Sun, 28 May 2023 - 1h 02min - 740 - Episode 25 - Beyond Blunderdome
This week: Trump lawyer Tim Parlatore resigns from Trump's defense team in the documents case; another of the Ocho Nostra testifies; National Archives is set to turn over documentation that proves Trump was aware of the correct declassification process; plus listener questions and more. Do you have questions about the cases and investigations?
Sun, 21 May 2023 - 49min - 739 - Episode 24 - The Silence is The Story
This week the investigation was pretty quiet; no new subpoenas or dramatic testimony. DoJ has cases winding their way through the courts that interpret the statute Eastman and Trump were found to have violated when a judge used the crime-fraud exception to pierce attorney-client privilege; the Proud Boys sentencing recommendations; Trump tanks his Mar-a-Lago defense at the CNN Town Hall Rally; plus listener questions and more.
Sun, 14 May 2023 - 1h 02min - 738 - Episode 23 - Goodbye Carrot; Hello Stick
This week: there may be gaps in the Mar-a-Lago surveillance footage subpoenaed by DOJ; more about a potential wire fraud case surrounding the Save America PAC; another member of the Ocho Nostra testifying before the grand jury; what’s up with Trump and LIV Golf; plus listener questions and more.
Sun, 7 May 2023 - 1h 12min - 737 - Episode 22 - Two Firms and a Former VP
This week: Pence testifies before the Federal Grand Jury; Trump’s lawyers send a letter to Congress pleading for them to shut down the documents investigation; a second firm that was paid by Trump’s campaign to find evidence of fraud in the 2020 election gets a subpoena; Jack Smith’s office reached out to Abby Grossberg’s lawyers for her audio tapes; plus listener questions.
Sun, 30 Apr 2023 - 1h 04min - 736 - Episode 21 - When Lawyers Become Witnesses
This week: new evidence about text messages tying the Trump White House to stolen voter data in Georgia that was going to be used to overturn the 2020 election results; potential utilization by Jack Smith of audio recordings from the Dominion defamation case against Fox; Epshteyn’s long meetings with Special Counsel prosecutor; Fitton FOIA fails; plus listener questions. Do you have questions about the cases and investigations? Click here: https://formfaca.de/sm/PTk_BSogJ
Sun, 23 Apr 2023 - 1h 02min - 735 - Episode 20 - The Ocho Nostra
This week: Jack Smith issues new subpoenas and gets new testimony in the Jan. 6 investigation and the Save America PAC; the investigation into the DHS IG over missing Secret Service text messages; the Gang of Eight has begun getting access to the classified documents found at Mar-a-Lago; plus listener questions. Do you have questions about the cases and investigations? Click here: https://formfaca.de/sm/PTk_BSogJ
Sun, 16 Apr 2023 - 57min - 734 - Episode 19 - 1512(c)(2)
This week, Trump’s request for an emergency stay to block Meadows and 7 others from Trump’s inner circle from testifying is denied; more evidence of obstruction in the Mar-a-Lago documents case; members of the Secret Service will have to testify; Pence will not appeal his partial win; and more; plus listener questions. Do you have questions about the cases and investigations? Click here: https://formfaca.de/sm/PTk_BSogJ
Sun, 9 Apr 2023 - 1h 01min - 733 - Episode 18 - Jail the Hitman (feat. Harry Dunn)
This week, no one is above the law, Trump was indicted in Manhattan; Jack Smith is reportedly looking at conspiracy charges; new chief judge of the DC District Court, Jeb Boasberg, says Pence must testify; plus listener questions. Follow Our Guest: Harry Dunn https://twitter.com/libradunn Standing My Ground https://www.hachettebooks.com/titles/harry-dunn/standing-my-ground Do you have questions about the cases and investigations? Click here: https://formfaca.de/sm/PTk_BSogJ Follow the Podcast on Apple Podcasts: https://apple.co/3BoVRhN Check out other MSW Media podcasts https://mswmedia.com/shows/
Sun, 2 Apr 2023 - 57min - 732 - Episode 17 -Ham Sandwich (feat. Jennifer Rodgers)
This week, Allison and Andy discuss: the Mar-a-Lago documents timeline; Judge Beryl Howell’s order regarding executive privilege claims in the Jan. 6 investigation; Trump’ds incendiary posts towards Bragg; Corcoran's and Little's testimony and document production in the Mar-a-Lago case; plus listener questions. Follow Our Guest: Jennifer Rodgers https://twitter.com/JenGRodgers
Sun, 26 Mar 2023 - 1h 02min - 731 - Episode 16 - The Ted Cruz Of Pickleball
This week: Allison and Andy new chief judge for the DC District Court that will be overseeing Jack Smith’s Grand Juries; some new insights on trump lawyers Boris Epshteyn & Evan Corcoran; plus listener questions.
Sun, 19 Mar 2023 - 1h 00min - 730 - Episode 15 - Delay and Obstruct 101
This week: Allison and Andy are joined by Asha Rangappa to discuss executive battles the special counsel is taking on; encrypted messaging apps and the FBI; a little bit about the other special counsel; plus listener questions. Follow Asha Rangappa Twitter: https://twitter.com/AshaRangappa_
Sun, 12 Mar 2023 - 1h 06min - 726 - Episode 14 - The Clash
This week: DoJ response to Trump’s claims of absolute immunity in civil suits for January 6th; clashes happen between investigators in the FBI and prosecutors in the DOJ including clashes they had in the Trump documents case as reported by the Washington Post this week; plus listener questions. Do you have questions? Click here: https://formfaca.de/sm/PTk_BSogJ Follow the Podcast on Apple Podcasts: https://apple.co/3BoVRhN Check out other MSW Media podcasts https://mswmedia.com/shows/ Follow AG on Twitter: Dr. Allison Gill https://twitter.com/allisongill https://twitter.com/MuellerSheWrote https://twitter.com/dailybeanspod Andrew McCabe isn’t on Twitter, but you can buy his book The Threat https://www.amazon.com/Threat-Protects-America-Terror-Trump-ebook/dp/B07HFMYQPG We would like to know more about our listeners. Please participate in this brief survey http://survey.podtrac.com/start-survey.aspx?pubid=BffJOlI7qQcF&ver=short This Show is Available Ad-Free And Early For Patreon and Supercast Supporters at the Justice Enforcers level and above: https://dailybeans.supercast.tech Or https://patreon.com/thedailybeans Or when you subscribe on Apple Podcasts https://apple.co/3YNpW3P
Sun, 5 Mar 2023 - 46min
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