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judge aileen cannon did everything she possibly could to try to block the justice department s investigation of donald trump s possession of government documents. but the circuit court of appeals rebuked her decisions saying that her rulings, quote, a radical reordering of our case law that would, quote, violate bedrock separation of powers, limitations, and quote, carve out an unprecedented exception in our law for former presidents. it will be up to the judge who tried to do all of that, who set a trial date for donald trump in the documents case, the espionage case, and to rule on pretrial motions, including motions to suppress evidence, motions to dismiss the case entirely. and judge cannon will be making rulings every day of the trial from the bench, which will once again include motions to dismiss that case, as well as a motion for a direct verdict, in which the judge can simply in
prosecution finishes presenting their case, without hearing a word from the defense. and of course, if donald trump is convicted in her courtroom, judge cannon will have the authority in sentencing donald trump, sending him home a free man, to possibly await trial and conviction. and so, in his other criminal cases, there are no mandatory minimum sentences in the charges that donald trump will be arraigned on tomorrow in federal court in miami. joining our discussion is andrew weissmann, former fbi general counsel and former chief of the criminal division in the eastern district of new york. he s a professor in practice at nyu law school. and also with us is neal katyal, former acting u.s. solicitor general, and professor at georgetown law. they are both msnbc legal analysts. and, andrew, it seems that the first effect we see in this indictment is that donald trump has stopped saying the very stupidest things he has said
judge aileen mercedes cannon did everything she possibly could to try to block the justice department s investigation of donald trump s possession of government documents. but the circuit court of appeals rebuked her decisions saying that her rulings, quote, a radical reordering of our case law that would, quote, violate bedrock separation of powers, limitations, and quote, carve out an unprecedented exception in our law for former presidents. it will be up to the judge who tried to do all of that, who set a trial date for donald trump in the documents case, the espionage case, and to rule on pretrial motions, including motions to suppress evidence, motions to dismiss the case entirely. and judge cannon will be making rulings every day of the trial from the bench, which will once again include motions to dismiss that case, as well as a motion for a direct verdict, in which the judge can simply in effect find the defendant not guilty as soon as the
that gives you enough time to make it all the way over to this studio, which is it s like a coin toss, in a way. [laughter] it s not a baseball. it s like a coin toss. i have time for one cocktail to be right back. but rachel, i have a couple of news things about what s gonna happen tomorrow. number one, you would really like this, donald trump rehearsed his plea on a boston radio show tonight. and we are gonna bring you that, what he is gonna say, when he is asked how he pleads. but there is this from the magistrate who s handling it tomorrow, who was the one who issued the first warrant in the first place, judge cannon doesn t come into it yet. and he is basically saying that he s just gonna live by the local rules of how what contains the media in these situations. he doesn t feel he is in a