Transcripts For MSNBCW The 20240703 : vimarsana.com

The big surprising Legal Development of the day is that defendant donald trump has decided that the trial in the case of Georgia Versus donald trump should take place in a georgia courtroom instead a Federal Court. That news came after a new York State Appeals Court rejected Donald Trumps lastminute attempt to delay the picketing of His Civil Fraud Trial scheduled to begin on monday, after the judge in that case has already ruled that there is overwhelming evidence of Business Fraud committed by donald trump in lying about the value of real estate, including the value of his New York City apartment. His home. Which he claimed is 30, 000 square feet when it is actually one third that size, 10,000 square feet. Which is big. People with 10,000 square foot apartments in new york dont need to project they have a bigger apartment than that. But thats donald trump for you. The most surprising legal news of the day, occurred at 3 45 pm in georgia, when Donald Trumps Criminal Defense Lawyer notified georges Fulton County judge, scott mcafee, that donald trump will not be seeking to remove his case to Federal Court. Tomorrow is the last day that donald trump could have filed a motion to remove his case to Federal Court. Standard legal procedure would simply be to not file that motion. Defendants are under no obligation to tell the court what motions they will not be filing. But in the one page, socalled, notice to the judge. Donald trumps lawyer wanted to include this message to the judge. This decision is based on Donald Trumps well founded confidence that this Honorable Court intends to fully and completely protect his constitutional right to a thorough trial and guarantee him Due Process Of Law throughout the prosecution of his case in the Superior Court of Fulton County, georgia. This is the first time in any of the cases against him that donald trump has decided not to use what could at least be a delaying tactic, even if he did not succeed in removing his case to Federal Court. Special Prosecutor Jack Smith is telling judges in florida and washington, d. C. , that donald trump is deliberately trying to create unnecessary delays in those cases. Jack smiths response to one of the trump Delight Maneuvers and the florida case, in which donald trump is charged with violations of the espionage act and obstruction of justice, jack smith revealed some of the classified documents in that case are so sensitive there is nowhere in florida that is safe enough to store them. Jack smith wrote, quote, there were five charged documents that the defense scif is not currently authorized to store. The owners of four additional charged documents have since requested that those documents not currently be stored in the defense scif, and as a result, on september 26, the classified Information Security officer removed those documents from the scif. The government understands that the classified Information Security officer is working expeditiously to find a location in florida that can store these nine documents. Defense counsel has the necessary ratings to review these documents, and in the meantime, these documents can be made available in the washington, d. C. , area for defense counsels review. Leading off our discussion tonight, harry litman and Senior Legal Affairs columnist for the washington times, also amy lee copeland, a Criminal Defense Attorney and a former georgia federal prosecutor, and bradley moss is with us, a National Security attorney. Harry litman, let me begin with you and the big surprise. Donald trump is not going to attempt to remove his case to Federal Court. Which has two meanings. Hes not even going to attempt to delay his case by trying to remove it to Federal Court. What is your interpretation of the surprise . It was a surprise for me and many others. A few things, lawrence. First, the delay might not have worked very well, anyway, if you look at mark meadows. It looks like the 11th circuit will make quick work of it. He had a long shot, it doesnt deter him. There are two things going on. The first is, in a way that trump thinks about the world, hed rather have the state Court Republican judge who is standing for election next year before the people of georgia, then the Federal Court obama appointed judge in the Removal Proceedings in that case. Which i think he hasnt been very happy about for starters. Second, even if he did testify, and my axiom one is he will never testify, he still would have to show his hand somewhat to break the burden of proof in a removal proceeding. You have to give a little indication of what his defenses were, and with such a long shot of winning, that cost, i think, struck him as not worth paying. So those were the two reasons i think he decided, after which until the very end, as you mentioned, to stand on on the removal attempt. Emily copeland, other than the judge, is there a reason from Donald Trumps Defense Perspective why they might not want to go to Federal Court . Sure, lawrence. There is the television in the courtrooms that are available in state courts. The other thing that struck me about Federal Court is that if metal winds, they might all win and go to Federal Court. It may not have been in his best strategic interest to do this. You know, meadows likely isnt going to win, almost certainly wont win. But if he did, it looks like the whole case would go up with him. But it would be unnecessary for mr. Trump to attempted testify with this. Yes, in state court, he will have televisions. The state Court Proceeding is gummed up for a minute. The trial starting october the 23rd, that will take four months according to the d. A. s office. So once you get into late february, there are all sorts of conflicts that start arising with other schedule trials, and the georgia uniforms period court rules have conflict rules where the state cases balance with federal cases. That might be another way he can kick this can down the road even longer. Bradley moss, whats your reaction to donald trump deciding he wants to stay, or is going to stay, whether he wants to or not, in the Fulton County District Court . I certainly think part of it was the subtle relegal Writing On The Wall but he saw what mark meadows went through, he knows what the 11th circuit is likely going with this. And he certainly doesnt have to get on the stand and testify, which mark meadows had to do, which donald trump would almost certainly need to do in order to make such a bid. I think there is another aspect to this. Donald trump knows that the federal cases arent going to be televised. This is the only one that might be televised if it now stays in the georgia local court, Fulton County. He can make a Media Spectacle out of it, and what does donald trump love . He loves Media Spectacles. He is the king of cable television. Hes the king of reality tv. If anything, he sees a political benefit possibly there, even if he knows hell probably get convicted. And brad, on this issue of there is no place in florida to look at these nine documents in the case, and jack smiths pleading in this explanation to the court, uses the phrase, owners of these documents. That presumably means and todays like the cia or the defense department. What was your reading of that . Yeah, so this is going to get a little nerdy for a second, but give me some leeway here. These documents, theres only three levels of classification, and most certainly, there are all these classified top secret level. But beyond, that there are not a lot of levels of classification, but theyre a lot of compartmentalize things of storage and handling and dissemination controls. Thats what we think about it stis, department of information, think of staff, special access programs, and there are Program Amateurs and program Security Officers within the relevant agencies who decide who can have access and how these documents can be stored. So with the scif in d. C. , almost certainly that was built with his premise in mind for these kinds of documents to always be there. But wherever this florida scif was where theyve got all the other documents, thats a temporary fixture no doubt, wasnt likely set up for this, and the program Security Officer probably said, im sorry, im not signing off on it. You want to see them . Come back out here it is easy, weve got them for you. Harry lippman, so much for the idea that these documents werent classified. They are so classified, you cant even leave them overnight in florida. You know, just looking at them, you could turn the stone. This whole level is a whole different category to make. Brandon vaughn crack, who really knows this stuff here, said that its very interesting, the Intelligence Community, and youre totally right, the owners here being the cia, the people who have these documents, are amenable to having them used in the trump trial. Sometimes, entire trials are scuttleds because Intelligence Community say dont do that, so here they are, and thats pretty remarkable. The second thing that matters here, lawrence, is that hes not charged, trump, with anything having to do with the level of sensitivity. Its just that they were National Defense classified documents. If for any reason, unlike an espionage case, where the content really matters, so if for any reason, there some unfixable opposition about that, they can just throw them out. But for now, were talking about some really seriously breathtakingly sensitive documents, for sure. Amy lee copeland, if the trump theory about stain in judge mcafees courtroom is based on judge mcafee having been a member of the Federalist Society and theyre betting that he is a republican judge who will lean their way, how would you assess that bet . Lawrence, he was a former ita in the Fulton County District Attorneys Office to. And he was championed out here by a Governor Kemp in this role. He was head of the office of inspector and general and for one of the agencies in the state. As a georgian, we all know the Governor Kemp is no friend of president trump. President trump called him a moron in a speech in december of 2020. And the governor of the state of georgia has repeatedly said that hes testifying in this, this is going forward, he has tried to calm down senate calls for fani willis to be taken off this case. So, i understand that he may have the chops on paper that make him seem like a great choice and make them seem sympathetic to mr. Trump. I dont think thats gonna be how it plays out in reality. I think is gonna be very fair and very impartial. Here we go. Bradley moss, we havent seen anything. I havent seen anything with judge mcafee that could indicate hes leaning trumps way. No, not at all, he seems to be very fair and evenhanded. Watching the, which has been nice to see, these televised and audio transcripts and recording of these hearings, seems to be very sensible. I havent seen anything yet to make me think he somehow got it in an agenda. His rulings, even to the extent that he gave access to the grand jurors for chesebro on powell, its very limited in scope in the access they had. As far as i can tell, this is not going to help him, its not gonna help donald trump, is not gonna help chesebro, powell, or any of them at this point. And harry litman, this leaves donald trump with a jury pool in Fulton County that 70 voted for joe biden. Yeah, its a worst jury paul. So to me just shows that he really did see some advantages. By the way, i totally agree that mcafee has been completely professional. But the question is how does trump see it . And he can be pretty, sort of, kneejerk about these matters. One other quick point about mcafee. Hes up an election for 2024. I think that plays to his advantage with Georgia Voters for pressure on mcafee. I think mcafee has been exemplary today. Amy lee copeland, does the judge run in Fulton County . That is where he runs. He runs in Fulton County. And i think Fulton County is large enough that it is its own judicial circuit. So it will simply be the voters in Fulton County who will vote for him. And those Fulton County voters were overwhelmingly biden voters in the last president ial election . They were. The statistics i read where 70 to 80 for the president. So they are overwhelmingly, it is a good word, maybe an understatement. Bradley moss, and we look, open harry lemon, thank you all for starting off a discussion tonight. Thank you, have a gunning. And coming up, today, the Speaker Of The House was shamed, publicly shamed, by the youngest member of the House Of Representatives, Maxwell Frost, in yet another demonstration of Kevin Mccarthys utter incompetence and rank powerlessness as Speaker Of The House. Congressman Maxwell Frost joins us next. Salonpas, makers of powerful Pain Relief Patches for 89 years. Believes in continuous improvement. Like rounded corners that resist peeling, with an array of active ingredients. 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