Indictment of Robert Menendez monday night only three United States senators took the position that Senator Menendez should resign and let the democratic governor of new jersey appoint his replacement. The next day more senators called on Senator Menendez to resign, and tonight the total stands at 30 who have called on their colleague to resign. And of course not one republican senator wants menendez to resign because republicans know the longer Robert Menendez tarnishes the position of senior senator from new jersey, it will be that much easier for republicans to win that new Jersey Senate seat in next years election. It should have never have come to this. After Robert Menendez got a hung jury in his First Federal corruption trial, which means that some of the jurors voted guilty and some of the jurors voted not guilty. The Senate Ethics committee completed its own investigation of Robert Menendez in which the committee in a unanimous bipartisan finding said Robert Menendez broke federal law. But the penalty the Ethics Committee recommended to the senate was nothing more than a public letter of admonition. The senate should have expelled Robert Menendez then. The senators staff was deeply involved in that first Corruption Case indicating there was no one working in the Menendez Senate office who tried in any way to put the brakes on the senators violations of federal law. Senator menendez and his staff desperately tried to protect a doctor who the senator called his best friend who was charged with Overbilling Medicare by 8. 9 million. The senator accepted lavish gifts in exchange for his attempt to corrupt medicare. Democrats in the senate made the inexcusable mistake of instantaneously recommending menendez back to the senate as he got a hung jury as if he just won an election. It was a shameful display by senators. As of tonight 30 Democratic Senators now say that the greatest embarrassment to the Democratic Senate since williams who was convicted of bribery 40 years ago and whose Seat Menendez now occupies should resign. One of those senators will join us later in this hour. Georgias Fulton CountyDistrict Attorney and her team began their day at 809 a. M. At 10 05 a. M. At 12 16 p. M. District attorney willis responded to another of the requests on First Amendment grounds. At 1 19 p. M. Codefendant Rudy Giuliani waive his right to a speedy trial. Willis filed a protective order over discovery materials. At 4 15 p. M. Codefendant mark meadows adopted codefendant Jeffrey Clarks motion to extend deadlines. And District Attorney willis filed the prosecutions notices and reservation of rights pertaining to discovery. At 4 54 p. M. District attorney willis filed a response to codefendants chesebros motion to dismiss rico charges. And then at 5 30 p. M. Today in washington, d. C. Federal judge Tanya Chutkan denied Donald Trumps request that she recuse herself from the case. Donald trumps lawyers filed a motion requesting her recusal based on two statements she made in court when sentencing two people convicted in the attack on the capitol on january 6th. In one case judge chutkan said during the sentencing that the defendant showed, quote, a Blind Loyalty to one person who, by the way, remains free to this day. In another case judge chutkan said to the convicted defendant, you have made a very good point, one that has been made before, that the people who exhorted you and if couraged you and rallied you to go and take action and to fight have not been charged. The Trump Lawyers filing said judge chutkan has the connection with other cases suggesting that President Trump should be prosecuted. Such statements before this process began without due process are disqualifying. In her decision refusing to disqualify herself from the case judge chutkan said at the outset it worths noting the defense has never taken the position ascribes to it. And the defense does not cite any instance of the court ever uttering those words or anything similar. Instead the defense interprets the courts verbal reiteration of Defendant Palmer and preollas arguments about their relative culpability as suggesting a secret core view about defendants criminality. That Inferential Leap is not reasonable in light of the relevant facts, record, and law. Judge chutkan said those two comments at those two Sentencings Cannot be the basis for a recusal. She said the Supreme Court has held that a judges statements made in the judicial setting and reflecting opinions formed by the judge on the basis of facts introduced or events occurring in the course of the current proceedings or of prior proceedings do not constitute a basis for a basis of Partiality Motion unless they display a deepseated favoritism or antagonism that would make fair judgment impossible. That is because such statements often reflect information that the judge properly or necessarily acquired in the course of the proceedings and was necessary to the completion of the judges task. After all, if the court did not form judgments about the issues in a case, then it could never render decisions. Consequently statements originating from such intrajudicial rather than extra judicial circumstances require recusal only in rare circumstances. She warned Recusal Motions can be a weapon to delay proceedings. She wrote justice also demands that judges not recuse without cause. In the wrong hands a Disqualification Motion is procedural weapon to harass opponents and delay proceedings. If supported only by rumor, speculation, or innuendo it is also a means to tarnish the reputation of a federal judge. This court has from the beginning repeated its commitment to ensure the orderly administration of justice in this case as in any other case. That commitment echoes the courts solemn oath to administer Justice Without respect to persons to do equal right to the poor and to the rich and the faithfully impartially discharge and perform all duties understand the constitution of the laws of the United States. Based on the review of the law, facts, and record, the Court Concludes that a reasonable observer would not doubt its ability to uphold that promise in this this. For these reasons the defendants motion for recusal of the District Judge is here by denied. Leading off our discussion is andrew wiseman, former fbi General Council and former chief of the criminal division, a professor at nyu law school. Glenn kirschner is with us, and voice vance, a former u. S. Attorney and professor at the University Alabama school of law. They are all msnbc legal analysts. And, joyce, The Big Question after a ruling like that is will it stand up on appeal . And what are Donald Trumps appeal rights under that decision . Right, so this decision by judge chutkan choosing not to recuse in this case is extremely well reasoned and tough on appeal. The appeal route in a setting like this is usually a bit different. Trump could try to ask the court of appeals to issue an order of mondamus. Judge chutkan does everything right in this case including pointing out no reasonable observer would think shes prejudiced. Lawrence, the problem im left with after reading this is its clear to the lawyers what she said was taken out of context. Its clear to her. Shes the one who said it after all, so the question is why would the lawyers go to this sort of extreme . And theres an easy answer that goes beyond simple delay. Its an effort to prejudice the jury pool, and thats whats coming through very clearly with this motion and her response to it. Glenn kirschner, you have practiced and appeared before judge chutkan. You know her work as a judge. What do you see in her decision here that could possibly be the grounds for appeal for donald trump . Yeah, Thereare No Grounds for appeal or for writ of mandamus. I did try murder cases against her when she was a public defender and i a federal prosecutor in d. C. , and i know her to be a strong, fierce, smart, tactically savvy advocate. And i can also say shes somebody against who i enjoyed trying cases. I dont say that about every defense attorney, but its because she was trustworthy. You could always take her at her word regardless of what she was representing to me as a prosecutor in the case. So when you read this lengthy ruling, it is so well reasoned. She goes through recusal is important and sometimes its inappropriate. Im glad you read the passage where she says in the hands of a nefarious Litigant Recusal Motions can be to weaponize and delay the process. It can be an attempt at judge shopping, and i dont think there will be any relief on appeal or anywhere else. And as joyce said, you know, the Defense Attorneys continue to stoop i think to their clients level because these motions that theyve been filing read more like a combination of an extended tweet in a campaign ad for their client. Yeah, the andrew, theres also a filing about the Trump Lawyers opposing the governments proposed limited gag order, which would simply say the defendant cant talk publicly about witnesses. And it does read like a Campaign Press release that motion. Yeah. I think that motion and i think the Recusal Motion were not addressed to the audience that you normally address those kinds of motions to, namely the judge. I think theyre addressed to the maga base. They both had the kind of language in it that is not the kind of language that were used to seeing in a normal court proceeding. Theyre meant for consumption on a political campaign. One of the most troubling aspects of the defense brief with respect to the socalled gag order is donald trump saying that he is free to continue attacking with this terribly violent rhetoric judges, jurors, witnesses, prosecutors, that hes free to do that, and he is not responsible for any third Party Reaction even though we all know from january 6th that theres a call and response going on with his using this incredibly inflammatory language which he used again today with respect to the judge in new york who had ruled against him in the fraud case. And the idea this is being written to the d. C. Judge overseeing what kind of limits should be placed on him, i found really beyond the pale. Itll be very interesting to see what she does and what the other three judges do who are overseeing him because remember he is out on bail in not one criminal case but four, and that means he does not have the same rights at the rest of us have. This is not a free speech issue. This is a question of Bail Restrictions in connection with four criminal cases. And ive got to say that the comments about the prosecution in this trump response to the gag order motion, which is a very limited motion, it is the most juvenile and trumpian and unprofessional i think ive ever seen in reference to prosecutors. The Trump Lawyers write the prosecution may not like President Trumps entirely valid criticisms if the prosecution wishes to avoid criticism for abusing its power, the solution is simple, stop abusing its power. Glenn kirschner, it does not get more circular or ridiculous than that. No, it really sounds like a campaign ad. And andrew is dead on. When somebody is on release in a federal felony case, guess what . Their rights are diminished. For example, a judge could tell somebody youre not permitted to leave the district of columbia or youre not permitted to enter the district of columbia except to meet with your lawyers or attend court. A judge could place you on a curfew, could order you to engage in periodic drug tests, could place you on gps monitoring, and could put narrowly restrictive limitation on your speech and posts so you dont harass, iftimidate or threaten witnesses or poison the jury pool. And none of that seems to be acknowledged by trumps defense team in these filings. Thank you all very much for starting off our discussion tonight. And when we come back were going to follow up with our team of experts about something Cassidy Hutchinson said on this program last night and whether that will become testimony in the case against donald trump and others in georgia and the case against donald trump in washington, d. C. It certainly seems like something that could be highly relevant to the case. Cassidy hutchinson said she gave this testimony to the grand injuries in those investigations. Well get our experienced prosecutors view of that after this break. Perienced prosecutors view of that after this break attention Hearing Loss Sufferers do you struggle to hear loved ones . Do you have trouble keeping up with conversations . Do you listen to tv on max volume . Hearing loss affects your life. You miss out on important moments. You feel alone. Start hearing better today with rcas all new, advanced hearing aids. These arent cheap amplifiers that dont really work, and youll never have to pay thousands again. 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Appel want mark meadows now asks this court to apply a jurisdiction designed to insulate federal authority from State Interference to a case concerning precisely the opposite. Appellant and his codefendants engaged in activities designed to accomplish federal meddling in matters of state authority. Appellan