Podcasts > Rachel Maddow Presents: Déjà News > Lawrence: Jack Smith asks SCOTUS to move fast on Trump. Nixon case is proof they can

Lawrence: Jack Smith asks SCOTUS to move fast on Trump. Nixon case is proof they can

By Rachel Maddow

In the latest gripping episode of "Rachel Maddow Presents: Déjà News," heavyweights like President Joe Biden, Neal Katyal, and David Hogg, among others, converge to dissect pressing issues at the forefront of America's political and social landscape. From explosive commentary on the NATO alliance to Democratic electoral surges, the episode stitches a narrative of urgency and conviction through the voices of Joanna McClinton, Lawrence O’Donnell, and Abigail Spanberger, creating a tableau of the state of the nation under the magnifying glass of informed discussion.

Amid the backdrop of controversy and victory, the episode explores a spectrum ranging from the international implications of Trump's threats to the tragic urgency of gun control, exacerbated by a recent Kansas City incident. Listen as Jim Prokopiak, Quinton Lucas, and Simon Rosenberg unpack the intricacies of a special prosecutor's push for swiftness in litigation, mirroring the pace and determination of past historical legal precedents. This episode not only delves into the mechanisms of political warfare but also the relentless struggle against the specter of violence that looms over American communities.

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Lawrence: Jack Smith asks SCOTUS to move fast on Trump. Nixon case is proof they can

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Lawrence: Jack Smith asks SCOTUS to move fast on Trump. Nixon case is proof they can

1-Page Summary

President Biden defends NATO alliance, condemns Trump's threats to withdraw support from allies

President Biden denounces Donald Trump's comments that suggested Russia could invade NATO allies who do not increase defense spending, labeling such statements as dangerous and "un-American." Specifically, Biden calls Trump's language "dumb," "shameful," and indicative of an attitude that invites aggression against NATO partners, while Congresswoman Abigail Spanberger stresses the threat these remarks pose to global security and criticizes Trump's disregard for international alliances during his presidency.

Continuing delays in Trump criminal investigation

Jack Smith, the special prosecutor, urges the Supreme Court for an expedited review of Trump's appeal for absolute immunity, submitting a comprehensive 40-page response that refutes the need for such a hearing. He suggests an accelerated briefing schedule to address this matter swiftly, reflecting on similar urgencies in historical cases such as United States v. Nixon, to prevent delays in Trump's criminal trial.

Democratic victories in high-profile special elections

Recent special election wins in critical districts signal positive momentum for the Democratic Party and the Biden campaign as they approach the 2024 presidential race. Lawrence O'Donnell and Simon Rosenberg discuss these victories in swing states, interpreting them as evidence of successful Democratic performance. The wins in areas like Bucks County, Pennsylvania, and Long Island, New York, bolster the party's confidence and foreshadow potential success in the upcoming presidential and November elections.

Latest deadly mass shooting at Kansas City celebration

The mass shooting during a Kansas City Chiefs celebration that resulted in numerous injuries, including nine children hospitalized, has reignited the debate on gun violence and control measures in America. President Biden expresses his condolences and reiterates the urgent need for tangible gun control actions. David Hogg, a survivor of the Parkland shooting, criticizes the government's habitual inaction and calls for more substantial efforts to prevent such tragedies, highlighting advocacy projects like The Shotline aimed at influencing Congress to take decisive steps towards gun violence prevention.

1-Page Summary

Additional Materials

Clarifications

  • United States v. Nixon was a significant Supreme Court case in 1974 that compelled President Richard Nixon to provide subpoenaed materials, including tape recordings, related to the Watergate scandal. The ruling limited a president's ability to claim executive privilege and played a crucial role in the Watergate scandal's resolution. The case stemmed from a break-in at the Democratic National Committee headquarters during the 1972 presidential campaign, leading to the appointment of a special prosecutor to investigate the incident.

Counterarguments

  • NATO allies have a responsibility to meet their defense spending commitments, and urging them to do so is a matter of fairness and shared burden, not a threat to the alliance.
  • Criticizing a former president's foreign policy approach may not contribute to a constructive bipartisan foreign policy and could potentially deepen domestic divisions.
  • The role of a special prosecutor is to remain impartial, and the urgency of a trial should not compromise the due process rights of the accused, including the right to appeal.
  • Special election victories may not necessarily predict outcomes in general elections, as they often have lower voter turnout and can be influenced by local issues that may not be as relevant on a national scale.
  • The interpretation of election results can be subjective, and other factors such as candidate quality, local concerns, and national mood at the time of the election can also play significant roles.
  • Gun control is a deeply divisive issue, and there are legitimate concerns about the balance between public safety and constitutional rights, such as the Second Amendment right to bear arms.
  • Advocacy for gun control measures must consider the diverse opinions of American citizens and the potential effectiveness of proposed legislation in actually reducing gun violence.

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Lawrence: Jack Smith asks SCOTUS to move fast on Trump. Nixon case is proof they can

President Biden defends NATO alliance, condemns Trump's threats to withdraw support from allies

Trump encourages Putin to invade NATO allies

President Biden forcefully rejects Donald Trump's statement, which implied that Russia could invade NATO allies if they did not increase their defense spending. Biden categorizes such remarks as an invitation for Putin to invade NATO allies, branding them as dangerous and "un-American."

Biden forcefully rejects Trump's statement as "dangerous" and "un-American"

President Biden has strongly responded to recent comments by former President Trump about NATO allies. In a significant rebuke, Biden referred to Trump’s utterances as "dumb," "shameful," "dangerous," and "un-American." He was particularly critical of Trump's suggestion that Russia should be allowed to "do whatever the hell they want" with non-complying NATO allies.

Congresswoman Abigail Spanberger emphasized the critical nature of America's role in global alliances such as NATO for the country’s national security and success. She reflected on the potentially grave consequences of Trump's comments, especially with the unstable situation in Ukraine and the fact that NATO's Article 5 was previously invoked in defense of the United States.

Further, Spanberger expressed concern over Putin's potential ambitions beyond Ukraine, like moving towards Poland, which would trigger NATO's collective defense clause. Biden’s rejection of Tr ...

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President Biden defends NATO alliance, condemns Trump's threats to withdraw support from allies

Additional Materials

Clarifications

  • NATO's Article 5 is a key provision stating that an attack on one member is considered an attack on all, requiring collective defense. It signifies the alliance's commitment to mutual protection and solidarity. The only time Article 5 has been invoked was after the 9/11 attacks on the United States, demonstrating NATO's support for America's defense. This clause underscores the principle of shared security among NATO members.
  • NATO's collective defense clause, known as Article 5, states that an attack on one member of NATO is considered an attack on all members. This principle underscores the alliance's commitment to mutual defense and solidarity. It serves as a deterrent against potential aggression and provides a framework for joint response in case of an attack on any NATO member. The invocation of Article 5 has only occurred once in NATO's history, following the September 11, 2001 terrorist attacks on the United States.
  • Trump's lack of preparation and undeserving nature for his role as President may be referring to criticisms about his approach to governance, including his unconventional style, co ...

Counterarguments

  • NATO allies have agreed to spend 2% of their GDP on defense, and some have consistently fallen short of this target, which could be seen as a lack of commitment to the alliance.
  • The principle of collective defense is fundamental to NATO, but it also requires equitable burden-sharing, which is a legitimate concern that Trump may have been highlighting.
  • Diplomatic strategies can vary, and some may argue that Trump's approach to NATO was aimed at incentivizing increased defense spending by member nations.
  • Discussions about defense spending and contributions to international alliances can be a valid part of national debate, and different administrations may have different strategies for encouraging allies to meet their obligations.
  • The concept of "America First" as promoted by Trump could be interpreted as an attempt to prioritize American interests and ensure that international engagements are mutually beneficial.
  • It is possible to argue that strong rhetoric, such as that used by Trump, might be a negotiating tactic rather than a literal policy position.
  • Some may believe that Trump's foreign policy approach, while unorthodox, was intended to challenge the status quo and push for reforms within international institutions like NATO.
  • Concerns about the p ...

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Lawrence: Jack Smith asks SCOTUS to move fast on Trump. Nixon case is proof they can

Continuing delays in Trump criminal investigation

Special prosecutor Jack Smith is pressing the Supreme Court for an expedited review of former President Donald Trump's appeal for absolute immunity.

Special prosecutor Jack Smith pushes Supreme Court for expedited review

Jack Smith has filed a 40-page response in opposition to the Supreme Court hearing Trump's appeal of a ruling that rejected absolute immunity for former presidents from criminal prosecution. In this response, Smith reiterated the arguments that had been accepted by the appeals court, which had unanimously dismissed Trump's claims.

Trump is attempting to delay his criminal trial after losing in the Court of Appeals, which did not recognize his claim of absolute immunity. He is asking the Supreme Court not only to take on his case but also to halt his trial in the interim.

Reinforcing the urgency, Smith has requested the Supreme Court to swiftly review Trump's claim of absolute immunity, and has cited the Court's ability to act rapidly in cases involving presidential immunity and privilege, referencing the precedent of United States v. Nixon.

Smith lays out proposed accelerated briefing schedule if Court agrees to hear immunity appeal

Neal Katyal points out that Smith's brief was remarkably expeditious—filed just one day after being allotted a week by the Supreme Court to respond—and forceful in addressing the allegations against Trump.

Smith counters the argument for the Supreme Court to hear Trump's case by stressing that the Court generally prefers for issues to be thoroughly considered in the lower courts first. Smith has drawn up a proposed expedited schedule, mirroring ...

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Continuing delays in Trump criminal investigation

Additional Materials

Clarifications

  • Absolute immunity for former presidents from criminal prosecution is a legal concept that suggests a former president cannot be criminally prosecuted for actions taken while in office. This immunity is not explicitly stated in the U.S. Constitution but has been a subject of legal debate and interpretation over the years. It is distinct from executive privilege, which relates to the confidentiality of communications within the executive branch.
  • Trump is appealing a ruling that denied him absolute immunity from criminal prosecution as a former president. The special prosecutor, Jack Smith, is urging the Supreme Court to quickly review Trump's claim of immunity. Smith has proposed an accelerated briefing schedule to expedite the legal process if the Court decides to hear the case. The legal arguments revolve around whether Trump should be granted absolute immunity from facing criminal charges.
  • The United States v. Nixon case is a landmark Supreme Court decision that required President Richard Nixon to hand over secretly recorded White House tapes during the Watergate scandal. This ruling established the principle that the President is not above the law and must comply with judicial orders, even in matters of national security. The case played a crucial role in defining the limits of presidential power and the importance of transparency and accountability in government. T ...

Counterarguments

  • The Supreme Court has its own procedures and timelines for considering cases, and it may not agree that an expedited review is necessary or appropriate in this situation.
  • The concept of absolute immunity for a president, while rejected at the appeals court level, is a complex legal issue that could merit the Supreme Court's consideration to set a clear precedent for future cases.
  • The Supreme Court may determine that the issues at stake have not been thoroughly enough considered in the lower courts to warrant an expedited review.
  • The proposed accelerated briefing schedule, while mirroring the pace of the Nixon case, may not allow sufficient time for the parties to prepare their arguments or for the Court to consider them fully, given the potential complexities of the legal issues involved.
  • The Supreme Court may find that the public interest in ...

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Lawrence: Jack Smith asks SCOTUS to move fast on Trump. Nixon case is proof they can

Democratic victories in high-profile special elections

The Democrats have recently achieved significant victories in special elections, pointing to potential momentum for Biden's campaign leading up to the 2024 presidential race, as Lawrence O'Donnell and Simon Rosenberg discuss.

Victories signal momentum for Biden campaign going into 2024

Lawrence O'Donnell reports that Democrats were victorious in two critical special elections—one previously discussed and the other in Pennsylvania. He highlights that the Democratic Party went two for two in these important races, with wins in both Long Island, New York, and a state House seat in Bucks County, Pennsylvania.

Strong showings in swing states and districts bode well for presidential race

Simon Rosenberg observes a consistent pattern of Democratic wins since the Dobbs decision in 2022, continuing through 2023 and into 2024. The Biden-Harris campaign views these special election victories as indications of strong Democratic performances under President Biden, which is promising for their campaign.

Rosenberg notes the unusual aspect of a governing party achieving repeated victories over three calendar years across the country and highlights a "quiet confidence" within the Democratic Party regarding their successful outcomes in challenging electoral regions.

The Democratic Congressional Campaign Committee has identified 33 districts as contestable, many in swing states like Florida, Pennsylvania, and Wisconsin. This suggests a positive outlook for the Democratic turnout in the next presidential race.

A notable victory in New York, where Democrats won a district by eight points after a previous ...

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Democratic victories in high-profile special elections

Additional Materials

Clarifications

  • Long Island, New York, and Bucks County, Pennsylvania, are significant in the context of the special elections as they are both considered politically important regions known for their swing tendencies. Winning in these areas can indicate broader electoral trends and potential shifts in voter sentiment, making victories there noteworthy for political analysts and strategists.
  • The Democratic Congressional Campaign Committee (DCCC) is a political organization focused on electing Democrats to the U.S. House of Representatives. It provides strategic guidance, fundraising support, and resources to Democratic candidates running for House seats. The DCCC plays a crucial role ...

Counterarguments

  • Special election results may not necessarily predict the outcome of a presidential race, as voter turnout is typically lower and the electorate may be different.
  • Momentum from special elections may not be sustained through the general election, especially if new issues emerge or the political climate changes.
  • The "quiet confidence" within the Democratic Party could lead to complacency, which might negatively impact campaign efforts.
  • Identifying 33 contestable districts does not guarantee victories in those areas, as each district has its own unique political dynamics and voter concerns.
  • The significant turnaround in New York might be attributed to local factors or specific candidate qualities that may not be replicable in other districts or on a national scale.
  • While the victory in the suburbs of Philadelphia suggests strong positioning on certain issues, it may not reflect broader national sentiment or ...

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Lawrence: Jack Smith asks SCOTUS to move fast on Trump. Nixon case is proof they can

Latest deadly mass shooting at Kansas City celebration

A recent mass shooting in Kansas City has left the nation in mourning, with children among the multiple victims hospitalized and reigniting the debate on gun violence and control measures in the United States.

Children among multiple victims hospitalized

The incident that unfolded during a Kansas City Chiefs celebration resulted in 21 people being injured, with nine children receiving treatment at Children's Mercy Hospital for gunshot wounds. Kansas City Police have detained three people in connection with the shooting, as confirmed by Mayor Quentin Lucas. This act of violence has not only claimed lives but also hospitalized innocents, including children, which tragically underscores the recurring issue of gun violence in America.

Survivor David Hogg condemns government inaction on gun violence prevention

David Hogg, a survivor of the Parkland, Florida mass shooting, featured later in the show to condemn the government's inaction on gun violence prevention. Hogg, who was present at the Kansas City event, mentioned the ineffectiveness of police presence and criticized the government's failure to prevent violence. He stressed frustration over standard mass shooting responses, which often call for increased policing rather than measures that directly prevent access to guns.

President Biden entered into this conversation by expressing his condolences and reinforcing the need for action on gun control. Biden emphasized that the country must find the resolve to end gun violence through measures such as banning assault weapons, limiting high-capacity magazines, and strengthe ...

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Latest deadly mass shooting at Kansas City celebration

Additional Materials

Clarifications

  • David Hogg survived the mass shooting at Marjory Stoneman Douglas High School in Parkland, Florida, on February 14, 2018. Following the tragedy, he became a prominent advocate for gun control and co-founded the advocacy group Never Again MSD. Hogg gained national attention for his activism efforts, including organizing rallies and speaking out against gun violence. His experiences as a survivor have shaped his advocacy work and positioned him as a leading voice in the movement for stricter gun laws.
  • Joaquin Oliver was a victim of the Parkland school shooting in 2018. His tragic death sparked activism and advocacy efforts, with his memory being honored in various campaigns for gun violence prevention. David Hogg, a survivor of th ...

Counterarguments

  • The effectiveness of banning assault weapons and limiting high-capacity magazines is debated, with some arguing that most gun crimes are committed with handguns, not assault weapons.
  • Strengthening background checks may not address the issue of illegally obtained firearms, which are often used in criminal activities.
  • There is a perspective that focuses on mental health and societal issues as root causes of gun violence, suggesting that gun control measures alone may not be sufficient to prevent such tragedies.
  • Some argue that increased policing and security measures at public events could potentially deter or minimize the impact of mass shootings.
  • The argument for national mobilization against the NRA may not consider the perspective of lawful gun owners who see the NRA as a protector of their Second Amendment rights.
  • The call for cultural figures and nonpolitical individuals to advocate for change may not account for the diversity of opinions among these ...

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