Podcasts > Rachel Maddow Presents: Déjà News > Trump in court today as judge orders NY criminal trial to begin March 25

Trump in court today as judge orders NY criminal trial to begin March 25

By Rachel Maddow

Dive into the heart of American judicial history with "Rachel Maddow Presents: Déjà News," as an exceptional panel including Lawrence O'Donnell, Fani Willis, Andrew Weissmann, and Neal Katyal, among others, discuss the groundbreaking legal challenges facing former President Donald Trump. This deep dive delves into the financial crimes trials that could redefine the intersection of politics and the law in the United States, highlighting an unprecedented situation as Trump steps into the courtroom multiple times.

Trump's legal woes come to a head with a Manhattan criminal trial set for March 25th, as noted by the episode. Faced with serious allegations that could have altered the outcome of the 2016 presidential election, Trump's defense employs a strategy aimed more at delay than dispute over the facts. Observations from legal experts like Ashleigh Merchant, Steve Sadow, Katie Phang, Gwen Keyes, and Charles Coleman shed light on the subtleties and significance of these cases, as well as the tactics being used, as America watches closely for the outcomes that may forever alter its legal landscape.

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Trump in court today as judge orders NY criminal trial to begin March 25

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Trump in court today as judge orders NY criminal trial to begin March 25

1-Page Summary

Financial Crimes Trials for Trump

The former President of the United States, Donald Trump, is set to face several trials related to alleged financial crimes. With multiple cases on the horizon, these trials mark unprecedented events in U.S. history.

Trump's Manhattan Trial Starting March 25th

Donald Trump is due to have his first criminal trial on March 25th in Manhattan. Judge Juan Mershon has ruled against Trump's motion to dismiss the case, and the allegations against him are considered serious. The charges involve a payment of $130,000 to silence claims of a sexual encounter that could have impacted the 2016 presidential election and falsification of business records related to this payment. This event is notable as Trump is the first former president to undergo a criminal trial.

Georgia Election Interference Case

The Georgia election interference case sees Trump's co-defendant reprimanded for their courtroom behavior and features an attempted disqualification of Fulton County District Attorney Fani Willis. Despite scrutiny of her personal connections with special prosecutor Nathan Wade and cash reimbursements, Willis has refuted any claims of conflict of interest. Georgia law makes it difficult to disqualify a prosecutor without concrete evidence of an actual conflict, which has not been provided by the defense. Allegations suggesting Willis benefited financially from Wade's appointment have also been raised but are not substantiated.

Supreme Court Appeal for Immunity

In an appeal to the Supreme Court, Trump's defense is focusing on delaying the Manhattan trial rather than addressing the core legal aspects of the case. Trump's lawyers have launched ad hominem attacks on Jack Smith in their brief, questioning his integrity and hinting at political motivations. This tactic avoids the substantial legal issues at stake and seeks to prolong the proceedings. Andrew Weissmann comments on the unusual nature of this strategy, which diverges from typical legal argumentation.

1-Page Summary

Additional Materials

Clarifications

  • The $130,000 payment was made to silence claims of a sexual encounter involving Donald Trump, which could have influenced the 2016 presidential election. The payment was allegedly made to prevent negative information from surfacing before the election, potentially impacting Trump's campaign. This payment and the related falsification of business records are central to the legal case against Trump. The allegations suggest an attempt to conceal damaging information that could have affected the election's outcome.
  • Fulton County District Attorney Fani Willis faced an attempted disqualification due to scrutiny over her personal connections with special prosecutor Nathan Wade and allegations of financial benefit from his appointment. The defense raised concerns about potential conflicts of interest but lacked concrete evidence to support disqualification under Georgia law. Willis denied any wrongdoing and refuted claims of impropriety in her handling of the case. The defense's attempts to challenge her involvement were based on perceived conflicts rather than proven misconduct.
  • In Georgia, disqualifying a prosecutor requires concrete evidence of an actual conflict of interest. The defense must provide substantial proof to support their claims for disqualification. Personal connections or allegations of financial benefit alone may not be sufficient grounds for disqualification. Georgia law sets a high bar for removing a prosecutor from a case without clear evidence of wrongdoing.
  • The lack of substantiation for allegations of financial benefit to Willis from Wade's appointment means that there is no concrete evidence or proof supporting the claims that Fulton County District Attorney Fani Willis gained financially from the appointment of special prosecutor Nathan Wade. These allegations suggest a potential conflict of interest but have not been backed up with factual information or documentation. Without clear evidence demonstrating any financial advantages or gains, the accusations remain unsupported and unproven.
  • In legal cases, delaying tactics can be used to buy time, exhaust resources, or create distractions. Focusing on delaying the trial rather than addressing core legal issues can be a strategic move to disrupt the prosecution's momentum or to seek a more favorable environment for the defense. This approach may involve procedural challenges, motions, or appeals that aim to postpone the trial proceedings. By shifting the focus away from the substantive legal arguments, the defense may attempt to create uncertainty or complications in the case timeline.
  • Ad hominem attacks on Jack Smith in the context of Trump's case are personal attacks against Smith's character or integrity rather than addressing the legal issues directly. These attacks aim to discredit Smith and suggest bias or ulterior motives, deflecting attention from the core legal matters of the case. By focusing on attacking Smith personally, Trump's defense seeks to undermine his credibility and cast doubt on the fairness of the proceedings. This strategy is considered a diversionary tactic that shifts the focus away from the substantive legal arguments and facts of the case.
  • Andrew Weissmann, a former prosecutor in the Mueller investigation, commented on the defense strategy in Trump's case, noting that the focus on attacking the prosecutor personally rather than addressing the legal issues directly is unusual and diverges from typical legal argumentation. This strategy aims to delay the trial by avoiding the core legal aspects of the case. Weissmann's perspective highlights the departure from standard legal tactics and suggests a different approach to handling the defense.

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Trump in court today as judge orders NY criminal trial to begin March 25

Financial Crimes Trials for Trump

The trials for Donald Trump's alleged financial crimes are approaching, with the first trial date set and various legal proceedings shedding light on the challenges ahead.

Trump's Manhattan Trial Starting March 25th

Donald Trump has his first trial date scheduled for March 25th after a court hearing in Manhattan. Judge Juan Mershon denied Trump's motion to dismiss, which was not unexpected for the defense. Neal Katyal points out that this will be the first time a former president faces a criminal trial. Both Judge Marchand and federal Judge Hellerstein have labeled the allegations as serious, which include claims that Trump paid someone $130,000 to conceal a sexual encounter to influence the 2016 presidential election and falsified business records to cover up the payment.

Georgia Election Interference Case

Lawrence O'Donnell reports on an attempt to disqualify Fulton County District Attorney Fani Willis from a case in Georgia. During the proceedings, a co-defendant of Trump's was threatened with ejection from the courtroom for laughing. Defendants aim to disqualify Willis and Nathan Wade, the special prosecutor she hired. Katie Fang believes the defendants failed to meet the burden of proof required for disqualification.

  • District Attorney Fannie Willis's personal visitations with special prosecutor Nathan Wade and reimbursements made in cash were scrutinized during the hearing.
  • Despite claims from defense attorneys, Willis insisted that their romantic relationship did not influence the proceedings. She also explained that paying reimbursements in cash is a lifelong habit instilled by her father.
  • Under Georgia law, an actual conflict of interest must be proven to disqualify a prosecutor. No definitive evidence of such a conflict has been presented.
  • The defense also suggested a financial b ...

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Financial Crimes Trials for Trump

Additional Materials

Clarifications

  • Donald Trump is accused of paying someone $130,000 to conceal a sexual encounter to influence the 2016 presidential election. Additionally, he is alleged to have falsified business records to cover up this payment. These actions are at the center of the financial crimes trials he is facing.
  • Judge Juan Mershon's denial of Trump's motion to dismiss is significant because it means the case will proceed to trial. This decision indicates that the judge believes there is enough legal merit and evidence to warrant a trial. It is a common procedural step in legal proceedings to determine if a case should move forward. The denial does not imply guilt but rather allows the legal process to continue.
  • The attempts to disqualify District Attorney Fani Willis and special prosecutor Nathan Wade stem from allegations of a potential conflict of interest due to their personal relationship and financial interactions. The defense argues that their close ties could compromise the fairness of the legal proceedings. However, no concrete evidence has been presented to definitively prove an actual conflict of interest, as required by Georgia law. Additionally, the defense suggested a financial benefit for Willis from Wade's appointment as a special prosecutor.
  • Donald Trump ...

Counterarguments

  • The scheduling of the trial for March 25th is a procedural step and does not imply guilt or innocence.
  • Allegations, no matter how serious, are not proof of wrongdoing, and Trump is entitled to a presumption of innocence until proven guilty.
  • The historical nature of a former president facing trial could be seen as a testament to the impartiality and independence of the judicial system, rather than a negative reflection on the individual.
  • The denial of a motion to dismiss is a common occurrence in legal proceedings and does not necessarily reflect the strength of the prosecution's case.
  • Efforts to disqualify District Attorney Fani Willis and special prosecutor Nathan Wade could be based on genuine concerns about the fairness and impartiality of the legal process.
  • The absence of definitive evidence of a conflict of interest does not mean that the concerns raised by the defense are without merit; they may simply not meet the legal standard required for disqualification.
  • The suggestion of a financial benefit for Willis from Wade's appointment could be a legitimate question of ethics and transparency i ...

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