Podcasts > Rachel Maddow Presents: Déjà News > Bag Man Bonus Episode: Indictment Edition

Bag Man Bonus Episode: Indictment Edition

By Rachel Maddow

Dive into the murky waters of political scandal with "Rachel Maddow Presents: Déjà News" as Rachel Maddow, along with Mike Yarvitz and a team of notable legal minds, including Tim Baker and Ron Liebman, dissect the stark parallels between Spiro Agnew's infamous legal battles of the past and the ongoing challenges faced by former President Donald Trump. This gripping bonus episode, titled "Bag Man Bonus Episode: Indictment Edition," does not just recount history—it places it on a collision course with today's political turmoil, probing the depths of legal precedent and political ramifications.

Listen as former prosecutors Barney Skolnik and Tim Baker offer their seasoned perspectives on the complexities and stakes at play when a high-profile politician faces criminal charges. Reflect on the delicate dance between law and politics where the strategies of yesteryear offer a lens to view the potential crises of today and tomorrow. "Rachel Maddow Presents: Déjà News" promises a thoughtful exploration of institutional integrity and the intricacies of crisis management against the backdrop of the justice system, all wrapped in the vivid storytelling that Maddow and her guests are known for.

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Bag Man Bonus Episode: Indictment Edition

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Bag Man Bonus Episode: Indictment Edition

1-Page Summary

Charges Against Trump in Historical Context

The potential indictment of former President Donald Trump is being compared to the legal issues faced by ex-Vice President Spiro Agnew. Discussion centers on historical context, the handling of Agnew's legal troubles, and how the situation from the past intersects with the present circumstances surrounding Trump.

The Precedent of the Agnew Case

In the Agnew case, constitutional and national implications were forefront concerns for prosecutors due to Agnew's position as Vice President and heir apparent during the Watergate scandal.

How the DOJ handled criminal charges against a sitting VP who was set to become President

The Justice Department approached Agnew by allowing him to plead no contest to a single tax evasion charge, thereby avoiding multiple felony charges. This was a strategic move aimed both at penalizing the crime and serving broader national interests.

The plea deal requiring Agnew's resignation to avoid a national crisis

To prevent the potential crisis of a sitting Vice President facing felony charges from ascending to the presidency, Agnew's resignation was a key element of his plea deal. The step taken was deemed critical to containing a national crisis and preserving the integrity of the executive branch.

Similarities and Differences With Trump's Situation

Trump's current legal issues present both similarities and striking differences to Agnew's case, particularly in the challenges faced by the Justice Department.

Trump as a presidential candidate facing criminal charges

The unique scenario with Trump is that he, as a former president and potential candidate, faces legal challenges that could either precede or coincide with another presidential run, much like the Agnew situation.

Prospects of crisis if convicted and later elected President

The specter of a convicted individual possibly becoming President is a serious consideration for the Justice Department, reflecting the historical concerns during the Agnew case.

Whether a plea deal barring him from office is possible or advisable

The idea of a plea deal similar to Agnew's has been contemplated, with the political implications of Trump being offered such a deal dominating discussions about its feasibility and wisdom.

Perspectives on Strength of Case and Election Stakes

Legal experts consider the strength of the current case against Trump and the potential effects on the upcoming election.

Assessment of evidence and conviction chances

Baker opines that the case against Agnew was watertight, suggesting that the evidence against Trump might be equally compelling, with a high likelihood of conviction should the matter go to trial as underscored by Liebman.

Potential impacts on the 2024 election

Both attorneys express concern over the trial influencing the 2024 presidential race, whether through a crisis of acquittal or the possibility of reelection for Trump.

Concerns over crisis from acquittal or later ascension

The concerns of a national crisis are twofold: the ramifications of Trump's acquittal and the significant repercussions if he were to be reelected.

Advice From Agnew Prosecutors

Prosecutors from the Agnew case give insights into managing such high-profile cases, dealing with backlash, and maintaining institutional integrity.

On contending with attacks from defendant and supporters

Skolnik recollects ignoring personal and political attacks, remaining focused on the case. This tactic, utilized during the Agnew investigation, is viewed as potentially applicable for dealing with criticisms from Trump and his supporters, noting that Agnew's own attacks were neutralized partially due to political alignment.

On managing crisis around prosecuting leader mid-ascent

Although not explicitly stated as advice, reflecting on their experience, they imply that handling a leader mid-ascent requires strategic legal and political maneuvers to avoid a constitutional crisis, just as was the case with Agnew.

On having faith in the strength of institutions

The Agnew case exemplifies the importance of trusting in the resilience and strength of the nation's institutions, which successfully navigated the complexities and avoided a potential crisis through the measured application of justice. This trust is implied as pivotal during similar contemporary challenges.

1-Page Summary

Additional Materials

Clarifications

  • Spiro Agnew faced legal issues related to charges of tax evasion and corruption during his time as Vice President. The Justice Department allowed Agnew to plead no contest to a single tax evasion charge to avoid more severe felony charges. His plea deal included resigning from office to prevent a potential crisis of a sitting Vice President facing serious criminal charges.
  • In the Agnew case, the Justice Department allowed Agnew to plead no contest to a single tax evasion charge to avoid multiple felony charges. This strategic move aimed to penalize the crime while considering broader national interests. Agnew's resignation was a crucial part of the plea deal to prevent a crisis of a sitting Vice President facing felony charges from potentially becoming President. This approach was seen as essential for maintaining the integrity of the executive branch and averting a national crisis.
  • The potential indictment of former President Donald Trump is being compared to the legal issues faced by ex-Vice President Spiro Agnew due to the historical context and the handling of Agnew's legal troubles. The comparison focuses on the challenges faced by the Justice Department in dealing with high-profile figures facing criminal charges and the potential implications for the political landscape. The Agnew case involved a plea deal that required his resignation to avoid a crisis, highlighting the complex interplay between legal proceedings and political consequences. The similarities and differences between the Agnew case and Trump's situation shed light on the intricate dynamics at play when addressing legal issues involving prominent political figures.
  • A plea deal similar to Agnew's for Trump could involve Trump pleading no contest to specific charges, potentially avoiding more severe legal consequences. This kind of deal might require Trump to resign from any political ambitions or positions to prevent a crisis. It could be a strategic move to address legal issues while considering broader national interests and the integrity of the political system. Such a plea deal would aim to balance justice for the alleged crimes with the need to prevent potential disruptions to the political landscape.
  • In historical contexts like the Agnew case, concerns arise when a convicted individual could potentially become President due to the implications on the nation's governance and integrity. This scenario raises questions about the credibility and stability of the executive branch if someone with a criminal record were to hold the highest office in the country. The prospect of a convicted individual assuming the presidency can lead to significant political, legal, and constitutional challenges, impacting public trust in the government and the rule of law. Such situations prompt careful consideration by legal authorities to prevent potential crises and uphold the principles of justice and democracy.
  • The potential impacts of the trial against Trump on the 2024 presidential race are significant due to the possibility of influencing voter perceptions, campaign strategies, and overall election dynamics. Depending on the trial's outcome and public reactions, it could shape the narrative surrounding Trump's candidacy and affect the electoral landscape in various ways.
  • The insights from Agnew prosecutors on managing high-profile cases and maintaining institutional integrity highlight the importance of remaining focused on the legal aspects of the case despite personal or political attacks. They suggest that strategic legal and political maneuvers are crucial when prosecuting a leader mid-ascent to avoid potential constitutional crises. The prosecutors emphasize the significance of trusting in the strength and resilience of the nation's institutions to navigate complex challenges successfully.

Counterarguments

  • The comparison between Agnew and Trump may not be entirely appropriate given the different contexts, charges, and political environments.
  • The plea deal in Agnew's case was unique to the circumstances and may not set a precedent applicable to Trump's situation.
  • The notion that a plea deal could or should bar Trump from office is contentious and raises questions about the balance between legal consequences and political rights, such as the right to run for office.
  • The strength of the case against Trump is a matter of legal debate, and until all evidence is presented in a court of law, it is speculative to assert the likelihood of conviction.
  • The impact of Trump's legal situation on the 2024 election is uncertain, and it is possible that voters may not be swayed by the outcome of a trial.
  • Concerns over a crisis from acquittal or later ascension to the presidency may be overstated, as the political system has mechanisms to address such outcomes.
  • The advice to ignore personal and political attacks, while potentially effective, may not be universally applicable or sufficient in the face of intense media scrutiny and a polarized political climate.
  • The assertion that handling a leader mid-ascent requires strategic legal and political maneuvers could be seen as implying that legal decisions should be influenced by political considerations, which may conflict with the principle of impartial justice.
  • Trust in institutions is important, but it is also necessary to acknowledge and address any legitimate criticisms of those institutions to maintain public confidence.

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Bag Man Bonus Episode: Indictment Edition

Charges Against Trump in Historical Context

As discussions intensify about the possibility of charging former President Donald Trump with federal crimes, parallels are being drawn to the historic case of Spiro Agnew, Richard Nixon's Vice President, who faced criminal charges while in office. The prosecutors from the Agnew case have provided insights into their experiences, which resonate profoundly amidst the current situation.

The Precedent of the Agnew Case

In 1973, prosecutors had to consider the constitutional and national implications of potentially jailing a Vice President in line for the presidency, due to the unfolding Watergate investigation.

How the DOJ handled criminal charges against a sitting VP who was set to become President

The Justice Department dealt with this challenge and made a deal with Agnew by presenting evidence of the crimes they believed he had committed. They allowed Agnew to plead no contest to a single charge of tax evasion instead of facing multiple felonies.

The plea deal requiring Agnew's resignation to avoid a national crisis

In order to prevent Agnew from ascending to the presidency under criminal indictment and to avoid a national crisis, a plea deal was contemplated and facilitated. As part of his plea deal, Agnew was required to resign. Elliot Richardson and the prosecutors believed that this would serve the interests of justice and prevent a possible national crisis.

Similarities and Differences With Trump's Situation

There are evident parallels and differences when comparing Trump's situation to the Agnew case regarding the handling of criminal charges against a high political figure potentially ascending to the highest office.

Trump as a presidential candidate facing criminal charges

While Trump is a former president and potential presidential candidate, the gravity of him facing federal criminal charges is reminiscent of the Agnew scenario. However, the possibility of Trump being elected again could similarly impact current legal proceedings by potentially rendering them obsolete.

Prospects of crisis if convicted and later elected President

The Justice Department's contemplation of the implications of a criminal defendant—or potentially a convicted felon—rising to the presidency echoes aspects of the Agnew situation and presents a potential for crisis.

Whether a plea deal barring him from office is possible or advisable

Discussions around a plea deal, as with Agnew, are not directly mentioned, but the political backlash of such an offer to Trump is noted, with concerns about political weaponization and eliminating Trump as a competitor in the 2024 election.

Perspectives on Strength of Case and Election Stakes

Attorney Tim Baker and Liebman provide their assessment of the evidence against Trump, their conviction chances, and the potential impacts on the 2024 election.

Assessment of evidence and conviction chances

Baker believes the case against Agnew had no chance of acquittal due to overwhelming evidence, implying a strong case also exists against Trump. Liebman echoes this sentiment about the likelihood of Trump's conviction if the case goes to trial.

Potential impacts on the 2024 election

Both Baker and Skolnik express concerns about the trial's outcome and subsequent effects on the presidential election, whether it be a crisis from acquittal or the possibility of Trump's re-election.

Concerns ...

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Charges Against Trump in Historical Context

Additional Materials

Clarifications

  • Spiro Agnew, Richard Nixon's Vice President, faced criminal charges in 1973 related to corruption and tax evasion. To avoid a potential national crisis, Agnew agreed to a plea deal where he resigned from office and pleaded no contest to a single charge of tax evasion. This case is being compared to the current discussions about the possibility of charging former President Donald Trump with federal crimes.
  • In the plea deal with Agnew, he pleaded no contest to a single charge of tax evasion to avoid facing multiple felonies. This deal required Agnew to resign from his position as Vice President. The plea deal was seen as a way to prevent a potential national crisis by ensuring Agnew did not ascend to the presidency under criminal indictment. The Justice Department aimed to handle the situation with a balance of justice and stability.
  • Facing federal criminal charges could have significant implications for Trump, potentially affecting his political future and public perception. If convicted, it could lead to legal consequences and impact his ability to run for office again. The situation may also create a political crisis, especially if he were to be elected president again while facing criminal charges. The handling of such a scenario involves complex legal and political considerations.
  • If Trump were to be convicted of federal crimes but later elected as President, concerns arise about the potential crisis this could create. This scenario could lead to a significant political and legal dilemma, as having a sitting President with a criminal conviction could raise questions about governance, legitimacy, and the rule of law. It could spark constitutional challenges, political instability, and public outcry, as the implications of a convicted President serving in office would be unprecedented and highly contentious. The fear is that such a situation could undermine public trust in the government, disrupt the functioning of institutions, and trigger a constitutional crisis with far-reaching consequences.
  • In the context of discussions around a potential plea deal for Trump, the text suggests that while not directly mentioned, there are concerns about the political ramifications of such an offer. The apprehension revolves around the perceived risks of offering Trump a plea deal, including worries about political manipulation and the impact on his candidacy in the 2024 election. The text implies that the idea of a plea deal for Trump, akin to the one offered to Agnew, could be contentious due to the potential backlash and implications for his political future. The complexities and considerations surrounding a plea deal for Trump are highlighted in the comparison to the Agnew case, where a similar agreement was reached to avert a national crisis.
  • Baker and Liebman believe there is strong evidence against Trump, similar to the case against Agnew, indicating a high likelihood of conviction if the case proceeds to trial. They express concerns about the potential impact of the evidence on the 2024 election, suggesting that the outcome of the legal proceedings could have significant ramifications on Trump's political future.
  • The concerns about the trial's impact on the 2024 election stem from the potential influence of legal proceedings on public opinion and voter behavior. The fear is that the outcome of the trial, whether it leads to acquittal or conviction, could significantly shape the political landscape and affect the chances of Donald Trump or other candidates in the upcoming presidential election. This apprehension reflects the intertwined nature of legal actions against a prominent political figure and the broader electoral dynamics at play. The uncertainty surrounding how the trial unfolds and its aftermath adds a layer of complexity to the already contentious political environment leading up to the 2024 election.
  • Skolnik's advice on contending with attacks from the defendant and supporters involves maintainin ...

Counterarguments

  • The comparison between Agnew and Trump may not be entirely apt, as the political, legal, and media landscapes have changed significantly since the 1970s.
  • The notion that a plea deal requiring resignation could prevent a national crisis is speculative, as it is impossible to predict how the public and political spheres would react to such an outcome.
  • The idea that a conviction of Trump could lead to a national crisis assumes that the electorate would be significantly divided by the outcome, which may not necessarily be the case.
  • Concerns about political backlash from a plea deal for Trump may overstate the potential impact, as public opinion is varied and can be unpredictable.
  • The assessment of strong evidence against Trump and a high chance of conviction is an opinion that may not take into account the complexities of legal proceedings and the unpredictability of jury decisions.
  • The worries about the trial's impact on the 2024 election could be seen as premature, as the political dynamics and public opinion can shift rapidly, making it difficult to forecast lon ...

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