Podcasts > Rachel Maddow Presents: Déjà News > Lawrence: Trump is the first candidate to ever campaign for his right to commit any crime

Lawrence: Trump is the first candidate to ever campaign for his right to commit any crime

By Rachel Maddow

In the latest compelling episode of "Rachel Maddow Presents: Déjà News," the discussion kicks off with the 51st anniversary of Roe v. Wade, as Vice President Kamala Harris alongside Democrats such as Senator Elizabeth Warren, take a firm stand on abortion rights in America. With meticulous strategies to safeguard these liberties, the episode explores the dire implications of restricted reproductive freedoms, detailing the Biden administration's expansive measures to uphold these rights, from medication-based abortions to military access. As the Democratic Party sets its sights on pivotal Senate races, particularly Florida's, the urgency of political activism in preserving abortion rights is emphasized, with narratives from prominent figures like former Representative Debbie Mucarsel-Powell.

The conversation takes a sharp turn as it delves into the controversy surrounding Donald Trump's claims of presidential immunity from criminal prosecution—a notion expertly dissected by legal commentators and lacking in legal precedent. With a defamation lawsuit looming, the potential for Trump to self-incriminate through perjury is a topic of intense scrutiny. Adding to the theme of deception, the episode also shines a light on the disturbing rise of "deepfakes" in election meddling, revealing a concerning new battleground in disinformation warfare. Measures proposed by Senator Amy Klobuchar to mitigate these threats underscore the ongoing struggle to preserve the sanctity of democracy, making this episode a must-listen for those tracking the intersection of law, politics, and technology.

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Lawrence: Trump is the first candidate to ever campaign for his right to commit any crime

This is a preview of the Shortform summary of the Jan 23, 2024 episode of the Rachel Maddow Presents: Déjà News

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Lawrence: Trump is the first candidate to ever campaign for his right to commit any crime

1-Page Summary

Roe v. Wade Anniversary and Abortion Rights

As the 51st anniversary of Roe v. Wade is commemorated, Vice President Kamala Harris and other Democrats spearhead the call to affirm and fight for abortion rights in America. Harris accuses Donald Trump of pride in his role in overturning Roe v. Wade, which led to suffering and a rollback of freedoms. She vows to embark on a countrywide campaign to champion reproductive rights.

Senator Elizabeth Warren claims that majority support for abortion rights spans across political lines, even in conservative states. Democrats are working to codify Roe v. Wade into law, contingent on maintaining congressional support and Joe Biden's presidency. A Biden-Harris campaign advertisement reinforces this position via compelling narratives from healthcare professionals.

Warren warns of Republican endeavors to establish a nationwide abortion ban and restrict abortion medications. She also discusses the harmful effects of limited abortion access on women's healthcare and autonomy.

The Biden administration's measures include defending medication-based abortions, ensuring emergency care, protecting contraceptive access, and supporting military personnel's access to abortion services, revealing a comprehensive approach to upholding reproductive rights.

Democrats are strategically focusing on key Senate races, with Florida's election highlighted as critical to maintaining abortion rights. Former Representative Debbie Mucarsel-Powell criticizes Senator Rick Scott for his anti-abortion stance and economic policies. The party seeks to leverage recent electoral successes to reinforce their agenda.

At a Wisconsin event, Vice President Harris underscores that votes on reproductive freedom have consistently garnered public support. With upcoming legal battles like the Florida Supreme Court's decision on an abortion rights amendment, Democrats emphasize the Senate's crucial role in appointing judiciary figures who can secure reproductive freedoms within American law.

Trump's Claim of Immunity and Perjury Risk in Defamation Lawsuit

Donald Trump propagates the concept of absolute presidential immunity from criminal prosecution, a stance challenged by legal commentators and unendorsed by the Federal Circuit Court of Appeals. The absence of legal precedent for such immunity undermines Trump's assertions, with skeptics like Andrew Weissmann casting doubt on the possibility that Trump could unilaterally establish such protection through pardons or control over the Justice Department.

There is also a significant risk of Trump committing perjury if he takes the stand in the defamation lawsuit brought against him by E. Jean Carroll. Experts cite Trump's history of false statements, including misidentifications during depositions, as indicators of his potential unpredictability under oath.

Speculation exists around the idea that Trump may use testimony as a mistrial strategy, although Joyce Vance notes this could provoke the judge to closely monitor his statements to avoid legal mishaps. Vance and Lawrence O'Donnell both advise against Trump testifying due to the high likelihood of his making inadmissible comments that could lead to a mistrial.

Disinformation Warfare: "Deepfakes" Undermining Elections

The advent of "deepfakes" presents a dire threat to the integrity of elections, as showcased by an investigation into a bogus robocall imitating President Biden, which aimed to suppress voter turnout in the New Hampshire primary. This manipulation, benefiting from the so-called "liar's dividend," capitalizes on disinformation's power to sow confusion and erode trust within the electorate.

White House Press Secretary Karine Jean-Pierre has recognized the urgent need to combat deceptive AI technologies like "deepfakes." She clarifies that President Biden was not the voice in the deceptive robocall investigated in New Hampshire.

Senator Amy Klobuchar has responded to the threat by proposing legislation to make the utilization of AI for voter suppression a federal offense. This bill seeks to escalate the response against the exploitation of deepfake technology that threatens election integrity and, ultimately, the democratic process.

1-Page Summary

Additional Materials

Clarifications

  • Trump's claim of absolute presidential immunity from criminal prosecution is a legal argument asserting that a sitting president cannot be criminally indicted or prosecuted while in office. This concept has been challenged by legal experts and courts, with no clear precedent establishing such immunity. Critics argue that allowing absolute immunity could undermine the principle of equal treatment under the law and the checks and balances in the U.S. government. The debate over presidential immunity involves complex constitutional interpretations and considerations of the separation of powers between the executive branch and the judiciary.
  • E. Jean Carroll, a writer and columnist, accused Donald Trump of sexually assaulting her in the mid-1990s. In response, Trump denied the allegations and stated that Carroll was lying to sell a new book. Carroll then filed a defamation lawsuit against Trump for his remarks, claiming they damaged her reputation. The lawsuit has been ongoing, with discussions about Trump's potential testimony and the legal implications of his statements.
  • "Deepfakes" are highly realistic manipulated videos or audio recordings created using artificial intelligence (AI) technology. They can make it appear as though someone is saying or doing something they never actually did. In the context of elections, deepfakes can be used to spread false information, manipulate public opinion, and potentially influence election outcomes by deceiving voters. This technology poses a significant challenge to the integrity of democratic processes by undermining trust in media and political figures.
  • Senator Amy Klobuchar proposed legislation to criminalize the use of AI for voter suppression, aiming to address the threat posed by deepfake technology in elections. The bill seeks to strengthen measures against the misuse of deepfakes to protect the integrity of the democratic process. This legislative response is part of efforts to combat deceptive AI technologies that can spread disinformation and undermine trust in elections. The proposed law aims to deter the exploitation of deepfake technology for malicious purposes, particularly in the context of influencing voter behavior.

Counterarguments

  • While Vice President Kamala Harris and Democrats advocate for abortion rights, some argue that the issue should be decided by individual states rather than at the federal level, allowing for regional differences in public opinion and moral perspectives.
  • Critics of the push to codify Roe v. Wade into law may argue that such a move could further entrench political divisions and that a legislative approach to abortion rights should involve more nuanced debate and consideration of diverse viewpoints.
  • Some may counter Senator Elizabeth Warren's claim of majority support for abortion rights by pointing out that public opinion on abortion is complex and varies widely depending on the specifics of the situation, such as gestational age and circumstances of the pregnancy.
  • Opponents of the Biden administration's defense of medication-based abortions and other reproductive services might argue that these policies do not adequately consider the potential ethical implications or the rights of the unborn.
  • Regarding the focus on key Senate races, critics might argue that the emphasis on abortion rights as a central campaign issue could overshadow other important policy areas that also require attention.
  • In response to the criticism of Senator Rick Scott's anti-abortion stance, supporters might argue that his position reflects the views of his constituents and aligns with a pro-life philosophy that values the protection of unborn life.
  • Concerning Trump's claim of absolute presidential immunity, some legal scholars might argue that while the claim is broad, there is a legitimate debate about the scope of executive privilege and the extent to which a president can be subject to criminal prosecution while in office.
  • Regarding the risk of Trump committing perjury, his supporters might argue that all individuals are innocent until proven guilty and that he should be afforded the same presumption of innocence and due process as any other citizen.
  • On the topic of "deepfakes" and election integrity, some might argue that while legislation against AI-generated disinformation is important, it is equally critical to protect free speech and ensure that such laws do not overreach or stifle legitimate political discourse.
  • In response to Senator Amy Klobuchar's proposed legislation, critics might caution that the definition of voter suppression via AI needs to be clear and precise to avoid unintended consequences that could impact legitimate uses of technology in political campaigning.

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Lawrence: Trump is the first candidate to ever campaign for his right to commit any crime

Roe v. Wade Anniversary and Abortion Rights

As the nation marks the 51st anniversary of Roe v. Wade, Vice President Kamala Harris and other Democrats speak out on the current state of abortion rights in America and the continued campaign for reproductive freedoms.

Vice President Harris criticizes Trump overturning of Roe v. Wade: "proud?"; Democrat campaign for reproductive rights; voters support abortion rights.

On the anniversary of Roe v. Wade, Vice President Kamala Harris accuses the former president of taking pride in appointing justices who overturned the landmark decision, causing immense suffering and eroding fundamental freedoms. She emphasizes the importance of fighting for reproductive rights, framing it as part of the broader struggle for democracy. Harris reinforces her commitment by planning a trip across the country to actively engage in the fight for reproductive freedoms, signaling the administration's determination to counteract conservative actions against abortion rights.

Senator Elizabeth Warren speaks on the Senate floor and in a discussion with Lawrence O'Donnell, stressing that the majority of Americans, including in traditionally conservative states, support abortion rights. Warren highlights that Democrats aim to pass a robust version of Roe v. Wade into law, a goal dependent on securing a majority in Congress and the continuation of Biden's presidency.

The Biden-Harris campaign has released an advertisement supporting their stance on reproductive rights, featuring poignant personal stories from healthcare professionals like a Texas OBGYN, whose experience emphasizes the harrowing repercussions of Donald Trump's actions.

Further underscoring this point, Senator Warren points out the ongoing efforts by Republicans to undermine abortion rights, including an attempt to enforce a nationwide abortion ban and to remove access to medication abortions. She also warns against the potential use of an old anti-obscenity law by a Republican president to further restrict reproductive rights.

Warren also highlights the unseen impact on women when access to abortions is unavailable, affecting their right to medical care and bodily autonomy.

The segment mentions the initiatives of the Biden administration to ensure emergency medical care, defend medication-based abortions, protect access to contraceptives, and facilitate abortion services for military personnel in states with ban. These initiatives demonstrate a firm stance on safeguarding individuals' rights and freedom to make personal medical decisions.

Democrats concentrate efforts on key Senate races to ...

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Roe v. Wade Anniversary and Abortion Rights

Additional Materials

Clarifications

  • The Trump administration appointed justices who overturned Roe v. Wade, a landmark decision on abortion rights. This action led to significant restrictions on abortion access and sparked debates on reproductive freedoms. Trump's appointments shifted the balance of the Supreme Court towards a more conservative stance on abortion issues. The administration's stance on abortion rights was a key point of contention during Trump's presidency.
  • The Biden administration's initiatives to support reproductive rights include defending medication-based abortions, which involve using medication to terminate a pregnancy, and facilitating abortion serv ...

Counterarguments

  • The appointment of justices by a president is a constitutional right and part of the democratic process, and those justices make decisions based on their interpretation of the law, not necessarily the will of the president.
  • The concept of reproductive rights is complex and multifaceted, and there are legitimate ethical and moral debates surrounding the issue of abortion.
  • Public opinion polls on abortion can vary significantly based on how questions are phrased, and some polls may show less support for abortion rights than suggested.
  • Legislation to codify Roe v. Wade may not be universally agreed upon even within the Democratic Party, and there are differing views on how such legislation should be structured.
  • Some Republicans argue that their efforts are not to undermine abortion rights but to protect the rights of the unborn and to leave decisions about abortion laws to individual states.
  • The impact of abortion on women's access to medical care and bodily autonomy is a subject of debate, with some arguing that there are also potential negative consequences of abortion on women's health and well-being.
  • The Biden administration's initiatives to support abortion rights may be seen by some as overreach or as failing to consider the diverse views of Americans on the issue of abortion.
  • Focusing on key Senate races for the purpose of maintaining control and protecting reproductive rights may not take into account the full range of issues that voter ...

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Lawrence: Trump is the first candidate to ever campaign for his right to commit any crime

Trump's Claim of Immunity and Perjury Risk in Defamation Lawsuit

Donald Trump’s efforts to campaign for immunity and the related risks for perjury in his defamation lawsuit are under scrutiny.

Donald Trump promotes the idea that a president should have complete immunity from criminal actions during their tenure to protect from indictments by the opposing party after leaving office. However, Lawrence O'Donnell and Andrew Weissmann argue that there is no constitutional or legal precedent for this kind of blanket immunity. The Federal Circuit Court of Appeals in Washington, D.C., also appeared to find no constitutional justification for Trump's immunity claim. Weissmann points out that, while the courts will not grant the immunity Trump seeks, he could potentially attempt to fashion his own through presidential pardon powers and control over the Department of Justice.

Risk of Trump committing perjury if testifies

Concerns loom over Trump possibly committing perjury if he testifies in his own defense in a defamation lawsuit brought against him by E. Jean Carroll, due to his history of falsehoods. O'Donnell cites an instance when Trump misidentified E. Jean Carroll as his ex-wife Marla Maples in a photograph during a deposition as an example that could indicate his potential unreliability during testimony. Additionally, O'Donnell references Trump's erroneous identification of Nikki Haley as Speaker of the House, which could further underline his risk for committing perjury.

Plausible mistrial strategy; Judge may screen testimony

Legal experts specul ...

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Trump's Claim of Immunity and Perjury Risk in Defamation Lawsuit

Additional Materials

Clarifications

  • Lawrence O'Donnell is a television host, political commentator, and former Democratic staff member in the United States Senate. Andrew Weissmann is a former federal prosecutor who served as the Chief of the Fraud Section in the U.S. Department of Justice and was a key figure in the investigation led by Robert Mueller into Russian interference in the 2016 U.S. presidential election.
  • E. Jean Carroll is an American journalist and author who accused Donald Trump of sexual assault in the mid-1990s. She filed a defamation lawsuit against Trump for his response to her allegations. Carroll won the lawsuit, with Trump being found liable for defamation and ordered to pay significant damages.
  • The Federal Circuit Court of Appeals in Washington, D.C. is a specialized court that primarily hears appeals related to patents, trademarks, international trade, government contracts, and certain other specific subject matters. It is not a general trial court but rather a court that deals with appeals from specific federal agencies and trial courts. The court is known for its expertise in intellectual property law and its decisions often have significant implications for patent and trademark law. The Federal Circuit Court of Appeals is distinct from other federal appellate courts in its jurisdiction and focus on particular areas of law.
  • A mistrial strategy is when a party in a legal case intentionally causes a mistrial to disrupt the proceedings. T ...

Counterarguments

  • The concept of presidential immunity is complex, and while Trump's interpretation may not have widespread legal support, the debate over the scope of executive privilege and immunity is ongoing in legal circles.
  • The risk of committing perjury is not unique to Trump; any individual testifying under oath faces this risk, and it should not be presumed that he will commit perjury.
  • The use of presidential pardon powers is a constitutionally granted right, and while controversial, it is within the scope of presidential authority to pardon individuals, including potentially oneself, though this remains legally untested.
  • Misidentification in photographs or names could be honest mistakes rather than indicators of unreliability or intent to deceive.
  • The strategy of seeking a mistrial can be a legitimate legal tactic if one believes the trial is inherently unfair or biased.
  • Judges routinely screen testimony in many trials to ensure that only permissible evidence is presented, which is a standard part of the judicial process to maintain fair proceedings.
  • Financial information can be complex and pr ...

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Lawrence: Trump is the first candidate to ever campaign for his right to commit any crime

Disinformation Warfare: "Deepfakes" Undermining Elections

The threat to democracy posed by artificial intelligence-driven "deepfakes" is alarming, particularly as such technologies are used in attempts to suppress votes and undermine elections.

Fake Biden robocall tries to suppress votes; "liar's dividend" benefits disinformation

A fraudulent robocall impersonating President Biden has become the target of an investigation by the New Hampshire Attorney General's Office. This call misinformed recipients by discouraging them from voting in the New Hampshire primary, potentially aiding Trump by demoralizing and convincing Biden supporters to abstain from voting. This kind of deceptive tactic takes advantage of the "liar's dividend," which disproportionately rewards those propagating disinformation by creating confusion and mistrust among the electorate.

State authorities are treating these deceptive messages as an illegal act designed to interfere with the election process and suppress the vote.

Federal action needed to criminalize voter suppression AI technology

In response to this increasing threat, White House press secretary Karine Jean-Pierre has acknowledged the concerns surrounding "deepfakes." She confirmed that the voice in the robo ...

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Disinformation Warfare: "Deepfakes" Undermining Elections

Additional Materials

Clarifications

  • Deepfakes are manipulated media created using AI to replace a person's likeness with another convincingly. They leverage machine learning techniques like facial recognition and neural networks to generate realistic content. Deepfakes have raised concerns due to their potential misuse in creating fake news, hoaxes, and other harmful content. The technology has evolved from academic research to public availability, impacting various industries and posing challenges to democratic systems.
  • The term "liar's dividend" describes the advantage gained by those spreading disinformation, as it creates confusion and mistrust among the public, ultimately benefiting the perpetrators of the deception. This concept highlights how the spread of false information can lead to a situation where the act of lying or deceiving is rewarded, hence the term "dividend." It underscores the perverse incentive that exists for those who engage in spreading falsehoods, as they can exploit the resulting chaos and doubt for their own gain. The "liar's dividend" phenomenon is particularly concerning in the context of elections, where misinformation can influence voter behavior and undermine the democratic process.
  • White House press secretary Karine Jean-Pierre is a senior official responsible for managing communication between the White House and the media. They serve as the primary spokesperson for the President and the administration, conveying official statements, policies, and responses to the public and the press. Jean-Pierre plays a crucial role in shaping the administration's messaging and ensuring transparency in government communications. They often hold p ...

Counterarguments

  • The effectiveness of legislation against deepfakes may be limited due to the rapid advancement of technology and the difficulty in enforcement across international borders.
  • Criminalizing the use of AI for voter suppression could raise concerns about free speech and the potential for such laws to be overbroad or misused against legitimate forms of political expression or satire.
  • The focus on deepfakes might divert attention and resources from other pressing issues related to election security, such as cybersecurity threats to voting infrastructure or the spread of disinformation through more traditional means.
  • There could be challenges in defining what constitutes a deepfake used for voter suppression, potentially leading to ambiguity in the law and difficulties in prosecution.
  • The proposed legislation might not address the root causes of why disinformation campaigns are effective, such as the lack of media literacy among the public or the polarization of political discourse.
  • The concept of the "liar' ...

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