Two Steps Forward, One Step Back
In "Rachel Maddow Presents: Déjà News," Andrew Weissmann and Mary McCord delve into the legal intricacies of current high-stake legal proceedings involving former President Donald Trump. The episode, "Two Steps Forward, One Step Back," casts a discerning eye over the complications arising from the discovery phase of a Manhattan criminal case, raising pertinent questions about the timeliness of document provision and possible strategic delays that could affect the trial's trajectory. The conversation highlights a tense legal landscape where "tranche warfare" could determine the fate of the case, eagerly observed by the legal community for future clarifications at both federal and state levels.
Additionally, the duo addresses the unfolding Cannon Mar-a-Lago proceedings, where motions and jury instruction issues have triggered controversy and concern. As the case advances, the denial of Trump's motions to dismiss charts a path fraught with constitutional vagueness issues that may eventually land in the hands of a jury. The expert speakers also dissect the developments in the New York fraud case and the Georgia election interference case, providing insights into the denial of Trump's bond modification request and the ethical quagmires prompting a resignation within the prosecution team. These thorny legal narratives reveal the complex interplay of law and politics at the highest levels.
This is a preview of the Shortform summary of the Mar 20, 2024 episode of the Rachel Maddow Presents: Déjà News
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1-Page Summary
Manhattan Criminal Case Status and Discovery Issues
The discovery phase of a high-profile Manhattan criminal case involving Donald Trump is currently under scrutiny due to concerns about timely fulfillment of legal obligations. The defense has received roughly 100,000 documents in three separate "tranches," raising questions about their timely provision and the potential implications, including delay of the trial or case dismissal.
A key issue hinges on whether the delays can be attributed to Manhattan District Attorney Alvin Bragg or federal prosecutors. A hearing on March 25th, referred to as "tranche warfare," will focus on the documents and their impact on the case. Upcoming filings from the federal government are expected to shed further light on this matter.
The DA's office has been collecting these documents for over a year, and subsequent productions have been tardy. A motion for a 90-day adjournment of the trial is pending, although DA Bragg conceded that a 30-day delay might be justifiable. Consequently, the judge has granted a 30-day adjournment to consider the motion to dismiss the case due to discovery delays.
There is a general view that dismissal is unlikely, and the focus is currently on establishing who is responsible for the delays. The legal community is closely monitoring the situation, as further clarifications are anticipated from the federal and state levels.
Cannon Mar-a-Lago Proceedings
The Cannon Mar-a-Lago proceedings have been progressing, with recent developments around motions and jury instructions drawing attention. Judge Cannon has denied Trump's motions to dismiss, including one based on the vagueness of charges concerning the retention of national defense information, without prejudice. This suggests that the issues could be reconsidered in the framing of jury instructions during the trial.
Legal experts like Andrew Weissmann and Mary McCord express apprehension about leaving critical constitutional vagueness issues to the jury's interpretation, fearing it could lead to incorrect verdicts or jury instructions.
Further, Judge Cannon has required both parties to propose jury instructions that consider Presidential Records Act (PRA) definitions, a move regarded as problematic. There are concerns that the jury may be asked to make decisions on matters beyond the criminal charges, which are not appropriate for their consideration in a criminal trial setting.
The special counsel involved in the case is possibly considering a mandamus petition, highlighting the complexity and contentious nature of the proceedings.
Trump Request to Modify Bond in NY Fraud Case Denied
Trump's legal team faced a rebuff when their request to modify the half a billion-dollar bond in a New York fraud case was denied. They contended that the sum was prohibitively large, making it nearly impossible for Trump to comply.
Removal of Wade, not Willis, from Georgia Election Interference Case
In the Georgia election interference case, Judge McAfee did not find an actual conflict of interest with Fannie Willis's appointment of Nathan Wade but cited an "odor of mendacity" due to the appearance of impropriety. To preserve the integrity of the proceedings, Willis was given a choice to step down or have Wade resign. Wade resigned within 24 hours.
Despite Wade stepping down, the defense plans to appeal this ruling and file ethics complaints. The full impact of these developments on the case is still uncertain, as the appointment of a new lead prosecutor, directly influencing the case's path, is awaited.
1-Page Summary
Additional Materials
Clarifications
- The vagueness of charges concerning the retention of national defense information implies that the specific details or elements of the accusations related to holding onto classified national security data may not be clearly defined or easily understood. This lack of clarity could lead to confusion during the legal proceedings, especially in terms of how the jury interprets and applies the law to the case. It raises concerns about whether the charges sufficiently outline the alleged offense and if they provide clear guidance for the jury to make informed decisions. This issue underscores the importance of precise legal language and definitions in criminal cases involving sensitive national security matters.
- The Presidential Records Act (PRA) is a federal law that governs the preservation of official records created or received by the President and his staff. It defines what constitutes a presidential record, including emails, memos, and other documents related to official duties. The PRA aims to ensure transparency and accountability by mandating the preservation and eventual public access to these records. In legal proceedings involving a former President like Donald Trump, the PRA definitions may be relevant in determining which documents are subject to disclosure and how they are handled during the trial.
- A mandamus petition is a legal request for a court to compel a government official or entity to perform a specific action that they are obligated to do by law. It is typically used when there is a failure to act as required by law or when there is a need to prevent an action that is legally prohibited. The petition must demonstrate a clear legal right to enforce the action and show that the duty is mandatory, not discretionary. It is a judicial remedy to address situations where other avenues for relief, such as appeals, may not be sufficient.
- "Odor of mendacity" is a phrase used to suggest the presence of deceit or dishonesty. In legal contexts, it implies a suspicion of falsehood or lack of truthfulness. The term indicates a perception of untruthfulness or deception in a situation. In this case, it was used by Judge McAfee to express concerns about the appearance of impropriety in the Georgia election interference case.
- The term "appearance of impropriety" suggests a situation that may give the impression of unethical behavior, even if there is no clear evidence of wrongdoing. It highlights the importance of maintaining public trust by avoiding actions that could be perceived as improper, regardless of actual intent. This concept is often considered in legal and ethical contexts to uphold transparency and integrity in decision-making processes. It emphasizes the significance of not only following ethical standards but also ensuring that actions are perceived as ethical by others.
- Ethics complaints are formal grievances filed against legal professionals or officials for alleged violations of ethical standards or misconduct in their professional conduct. These complaints are typically reviewed by relevant regulatory bodies or professional associations to assess the validity of the allegations and determine any necessary disciplinary actions. The process aims to uphold integrity and ethical standards within the legal profession and ensure accountability for any breaches of conduct. The outcome of ethics complaints can vary, leading to consequences such as reprimands, fines, suspension, or disbarment, depending on the severity of the misconduct found.
- The impact of the developments mentioned in the text on the case includes potential delays in the trial, concerns about the handling of discovery materials, and the possibility of reconsidering motions and jury instructions. These developments could influence the trial proceedings, the framing of legal arguments, and the overall trajectory of the cases involving Donald Trump. The decisions made by the judges, prosecutors, and defense teams in response to these developments will shape the outcomes and direction of the legal proceedings.
- In the legal context, the appointment of a new lead prosecutor typically occurs when there is a change in the individual responsible for overseeing and presenting a case on behalf of the government. This change can happen due to various reasons such as conflicts of interest, personnel changes, or strategic considerations. The new lead prosecutor will take charge of directing the prosecution's efforts, making legal decisions, and representing the government's interests in the case. This appointment can influence the direction, strategy, and dynamics of the legal proceedings, potentially impacting the outcome of the case.
Counterarguments
- The defense's concerns about the volume of documents and timing could be seen as a strategic move to delay proceedings rather than a legitimate issue with the discovery process.
- The responsibility for delays in document provision could be complex, involving multiple parties and not solely attributable to the Manhattan DA or federal prosecutors.
- A 30-day adjournment to consider a motion to dismiss may be a standard procedural action rather than an indication of any particular leaning by the judge regarding the merits of the case.
- Legal experts' concerns about jury instructions may overlook the jury's ability to understand and apply legal standards with proper guidance from the court.
- The requirement for jury instructions to consider the Presidential Records Act definitions could be a necessary step to ensure jurors have a complete understanding of the legal context of the charges.
- The denial of Trump's request to modify the bond in the NY fraud case could be justified if the court believes the amount is reasonable and necessary to ensure compliance with court orders.
- The decision to have Nathan Wade resign in the Georgia election interference case may be a precautionary measure to avoid any potential bias or conflict of interest, even if an actual conflict was not found.
- The defense's plans to appeal the ruling and file ethics complaints in the Georgia case could be seen as an attempt to challenge the integrity of the legal process without sufficient grounds.
- The uncertainty surrounding the impact of developments in the Georgia case could be a reflection of the normal unpredictability inherent in legal proceedings rather than any specific issue with the case itself.
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Manhattan Criminal Case Status and Discovery Issues
A complex legal situation is unfolding in Manhattan concerning discovery issues that could potentially affect the trial date and even lead to dismissal of the case.
Discovery Issue Impact on Trial Date and Potential for Dismissal
Three tranches of federal doc production to Trump defense
The defense in a high-profile case involving Donald Trump has been given three separate collections—or 'tranches'—of documents, totaling around 100,000 papers. These productions have become a focal point due to concerns over their timing.
Issue: timely discovery requirement & sanction of dismissal
In New York, a new law imposes a strict requirement on prosecutors to provide discovery to the defense in a timely manner. Non-compliance could result in severe sanctions, including the dismissal of the indictment.
Key question: Whether delay attributable to Bragg or federal prosecutors
At the crux of the issue is who bears the responsibility for any discovery delays. While the transcript provided does not directly address it, the question of whether the delays can be attributed to Manhattan District Attorney Alvin Bragg or federal prosecutors is of key importance.
Tranche warfare: doc argument at March 25 hearing
Forward-looking, a hearing is scheduled for March 25th related to the document production. It is colloquially mentioned as "tranche warfare," indicating that the discussion will center around these batches of documents and their implications.
Federal gov't filings likely to provide more context
There is an anticipation that more information regarding the context of the document production and any associated delays will emerge from upcoming filings by the federal government.
The DA's office has been in pursuit of documents from the federal government for over a year, with some having already been produced to the defense. Notably, a subpoena served by Donald Trump himself yielded additional documents quite late. The debate continues over whether delays by federal prosecutors in providing these documents can be construed as del ...
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Manhattan Criminal Case Status and Discovery Issues
Additional Materials
Clarifications
- Tranches of federal documents are batches or collections of papers that are provided to the defense in stages. In this case, the defense received three separate tranches of federal documents, totaling around 100,000 papers. These tranches are significant in the legal proceedings as they are central to the discovery issues and timing concerns in the case. The term "tranche warfare" colloquially indicates that the discussion and legal proceedings are focused on these batches of documents and their implications.
- In New York, discovery requirements mandate that prosecutors must share evidence with the defense in a timely manner. Failure to comply can lead to severe sanctions, including the dismissal of the case. This ensures fairness and transparency in the legal process by allowing both sides access to relevant information. The goal is to prevent surprises during trial and enable each party to prepare their case effectively.
- The responsibility for discovery delays between Alvin Bragg, the Manhattan District Attorney, and federal prosecutors is unclear. The issue revolves around determining who is accountable for any delays in providing the necessary documents for the case. This uncertainty is significant as it could impact the potential consequences, such as sanctions or dismissal of the case. The ongoing debate centers on whether delays by federal prosecutors in sharing documents can be attributed to the state, affecting the handling of the case.
- A pending motion for a trial adjournment due to discovery delays means that there is a request to postpone the trial proceedings because important evidence or information necessary for the trial has not been provided in a timely manner. This delay is being sought to ensure that both the prosecution and defense have adequate time to review the newly disclosed documents before proceeding with the trial. The motion reflects the impact of discovery issues on the trial timeline and the need for fairness in the legal process.
- The potential consequence of case dismissal in this context means that if the prosecutors fail to provide the required evidence to the defense in a timely manner, the court could decide to dismiss the case entirely. This would mean that the charges against the defendant, in this case, potentially Donald Trump, would be dropped, and the legal proceedings would come to an end without a trial ta ...
Counterarguments
- The defense's receipt of documents may not necessarily indicate an issue with timely discovery, as the volume and complexity of the documents could justify the time taken for production.
- The risk of dismissal due to non-compliance with discovery laws may be mitigated by the court's discretion to consider the reasons for delay and the efforts made to comply.
- The responsibility for discovery delays might not solely lie with either Alvin Bragg or federal prosecutors, as there could be other factors or parties involved that have contributed to the delays.
- The term "tranche warfare" could be seen as an oversimplification of the legal process and may not accurately reflect the nature of the hearing on March 25.
- Federal government filings may provide context, but they might not fully clarify the reasons for the delays or the responsibilities of the parties involved.
- The DA's pursuit of documents and the associated delays could be due to legitimate legal and procedural challenges rather than any party's failure to comply.
- The motion for a 90-day trial adjournmen ...
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Cannon Mar-a-Lago Proceedings
The Cannon Mar-a-Lago proceedings are receiving widespread attention as the case unfolds, with a focus on the recent denials of motions and orders relating to jury instructions.
Cannon's Denials of Motions without Prejudice
Vagueness motion: punting to trial for jury instructions
Last Thursday, Judge Cannon ruled on Donald Trump's motions to dismiss, including one on the grounds that charges relating to the unlawful retention of national defense information were too vague. Mr. Trump's legal team argued that the law was unclear regarding a former president's retention of documents they had authorized access to while in office. Judge Cannon denied the motion without prejudice, indicating that certain issues could be addressed during trial, specifically within jury instructions. This has raised concern among observers who argue that vagueness is a constitutional issue that should be determined by the court, not left to a jury.
Concern about directed verdict or improper jury instructions
Andrew Weissmann and Mary McCord express concerns about the direction of the court. Weissmann suggests the jury charge could lead to a directed verdict, or potentially cause improper jury instructions. McCord mentions the risk of leaving no question to the jury, particularly if it's assumed that a president's determination of documents as personal under the Presidential Records Act (PRA) is not subject to judicial or jury review.
Order Requiring Alternative Jury Instruction Proposals
Competing scenarios assuming PRA issues that shouldn't be for jury
Judge Cannon ordered both the defense and the prosecution to file proposed jury instructions that include scenarios about PRA definitions, prompting the concern that the jury might inappropriately have to decide if each document is personal or presidential. This implies that ...
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Cannon Mar-a-Lago Proceedings
Additional Materials
Clarifications
- When a motion is denied without prejudice, it means the issue can be raised again in the future. The denial is not final, allowing the party to address the concerns and resubmit the motion. This decision gives the party another opportunity to present their arguments or evidence in a different manner. It does not prevent the party from pursuing the matter further in the legal process.
- A directed verdict occurs when a judge decides that the evidence presented is insufficient for a jury to reach a verdict, leading to a ruling without the jury's input. Improper jury instructions can occur when the judge provides unclear or incorrect guidance to the jury on how to apply the law to the case, potentially influencing the outcome unfairly. These issues can impact the fairness of a trial and the rights of the parties involved, as they affect how the case is decided. It is crucial for the judge to ensure that both directed verdicts and jury instructions are appropriate and in line with legal standards to uphold the integrity of the judicial process.
- The Presidential Records Act (PRA) is a federal law that governs the official records created by the President and his staff while in office. It mandates the preservation of these records and their eventual transfer to the National Archives for public access. In the context of the case, the PRA is relevant because it raises questions about whether certain documents retained by a former president are personal or official records subje ...
Counterarguments
- The judge's decision to deny the motion without prejudice allows for a more thorough examination of the issues during the trial, which could lead to a more informed decision by the jury.
- It is the role of the judge to ensure that jury instructions are clear and legally sound, and concerns about improper jury instructions may be premature or unfounded.
- The order for alternative jury instruction proposals could be seen as an effort to consider all relevant legal interpretations and ensure a fair trial.
- The jury's role in determining the nature of the documents under the PRA could be a necessary part of their deliberation on the criminal charges, as ...
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Trump Request to Modify Bond in NY Fraud Case Denied
Trump's attorneys faced a significant legal setback as their request to modify the bond amount in a New York fraud case was denied.
Half billion bond "practically impossible"
The legal team representing Trump appealed to the court to modify the bond amount, which was set at nearly h ...
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Trump Request to Modify Bond in NY Fraud Case Denied
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Clarifications
- Trump's legal team requested a modification of the bond amount because they believed the nearly half a billion dollar bond set by the court was u ...
Counterarguments
- The bond amount, while large, is determined by the court based on various factors including the severity of the alleged crimes, the defendant's financial status, and the risk of flight. The court may have deemed the amount appropriate in this context.
- The denial of the request to modify the bond suggests that the court found the arguments presented by Trump's legal team insufficient to warrant a change in the bond conditions.
- The term "practically impossible" could be challenged as subjective, especially considering Trump's known assets and financial history; what is impractical for most may not be for someone with significant resources.
- The legal process includes the opportunity for appeals and further motions ...
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Removal of Wade, not Willis, from Georgia Election Interference Case
In a recent development, Judge McAfee addressed concerns regarding the involvement of Fannie Willis and Nathan Wade in the Trump case pertaining to alleged election interference in Georgia.
No actual conflict found, just "odor of mendacity"
Judge McAfee ruled that Fannie Willis's appointment of Nathan Wade as a special assistant district attorney did not constitute an actual conflict of interest. However, the judge cited an "odor of mendacity," or the appearance of impropriety, in the case which necessitated action to preserve the integrity of judicial proceedings.
To resolve the issue of perceived impropriety, McAfee presented Willis with two options: either she could remove herself and her entire staff from the case, or Wade could step down. Within 24 hours of the judge's ruling, Nathan Wade resigned from his position.
Defense will appeal and file ethics complaints
Despite Wade's resignation, this development does not mark the end of the controversy. The defense, which had previously voiced concerns about potential conflicts of interest, has indicated plans ...
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Removal of Wade, not Willis, from Georgia Election Interference Case
Additional Materials
Clarifications
- Fannie Willis is a district attorney involved in the Trump case related to alleged election interference in Georgia. Nathan Wade was appointed as a special assistant district attorney by Willis. The judge raised concerns about the involvement of Wade in the case, leading to his resignation.
- The defense raised concerns about potential conflicts of interest related to the appointment of Nathan Wade as a special assistant district attorney by Fannie Willis. They questioned the impartiality and fairness of the legal proceedings due to this appointment. The defense believed that the involvement of Wade in the case could compromise the integrity of the investigation and legal actions taken. These concerns led to further scrutiny and legal actions to address the perceived conflicts of interest.
- Filing ethics complaints involves submitting formal complaints to relevant regulatory bodies, such as state bar associations, regarding alleged ethical violations by legal professionals. These complaints trigger investigations into the conduct of the individuals involved and can lead to disciplinary actions if misconduct is substantiated. The process typically requires detailed documentation and evidence to support the claims of ethical breaches. Ethics complaints are a mechanism to uphold professional standards and ensure accountability withi ...
Counterarguments
- The judge's perception of an "odor of mendacity" could be challenged as being subjective and not a sufficient basis for legal decisions.
- The options presented by Judge McAfee to Willis could be criticized as being limited and potentially disruptive to the case.
- The defense's intention to appeal might be seen as a strategic move rather than a response to any legal wrongdoing.
- The resignation of Nathan Wade does not necessarily imply guilt or wrongdoing, and could be viewed as a means to protect the integrity of the case rather than an admission of impropriety.
- The uncertainty of the case's impact due to recent changes might ...
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