Transcripts For MSNBCW Morning 20240704 : vimarsana.com

MSNBCW Morning July 4, 2024

Important discussions we have had this week. The Supreme Court has agreed now to consider former President Trumps claim of president ial immunity in his federal Election Interference case. We it will further delay a potential trial. The high court has scheduled arguments for april 22nd, and a final ruling might not come until months later at the end of the term in june. If the court ruled in favor of trump the special counsels charges would be dismissed. The u. S. Court of appeals unanimously ruled trump does not have absolute immunity. The Supreme Court does affirmed that, the delays still would push the start of the trial probably into the fall. Lets bring in former litigator and msnbc Legal Correspondent lisa rubin, and former u. S. Attorney and msnbc legal analyst joyce vance. Good morning to you both. Lisa, lets pause for a moment, i think this was shocking used a lot of people, lets talk about what the decision is and what it is not, it does not mean the supreme agrees that donald trump has president ial immunity, it means that they are going to hear the case possibly that he does have immunity, and at least knock this down in the fall. Thats right, the way in which the order yesterday was phrased is also a little bit telling. The question that the Supreme Court has agreed to resolve is a narrow one, its weather and if so, to what extent, former president has immunity for his official acts. And, or, alhis official acts as alleged. One of the things that i think is concerning about the way the question is presented, is alleged according to who . If you ask jack smith, the way that the indictment is framed, none of the acts for which they are trying to hold former President Trump criminally accountable were in fact official, that a president plays no official role in the administration of federal president ial elections. And so, the way that this is phrased it slightly troubling even for those who might push back and say this is the Supreme Court trying to button up an important issue that has been percolating and at least two federal courts tiright now, and is likely to reoccur in the georgia case showed the Fulton County r. I. C. O. Case continue beyond this existing motion of fani willis disqualification. Joyce vance, a lot of concern and reaction to this, what anis going on, another del tactic but when you look down at the pike, and you look at how this is going to be seen in history, i mean, i dont see with a reality in which the Supreme Court doesnt agree with the decision that has already been made that a president somehow has immunity s and can have a team taking out another team. I dont think they will go that way, but in the history books, they will be able to show that every stone was unturned, every step of the way in this having said that, there is such concern about losing and going beyond the election. What are your thoughts . Right, its an interesting observation, mika, im reminded that bill barr, which is one of trumps Attorney General, used to say that history is written by the winners. That is the concern here, whether the Supreme Court has given trump such a big win by adding two more months of delay into this case, that it makes it more difficult for donald trump to be portrayed as the criminal d that many people who have looked at this evidence believe he should be portrayed as. I agree the Supreme Court is extremely unlikely to reach any conclusions other than donald trump specifically, and they dont need to talk about all president s here, that is a necessary. They can look at donald trump and say this individual, this former president is not entitled to any form of immunity for his effort to interfere with an election. They dont need to talk about potential crimes a president can commit, they dont need to talk about whether or not the president s official acts might be cloaked in immunity, for when he is making time pressure decisions on the battlefield. Thats something that jack smith has argued that it doesnt need to be a part of this case, but for the court to look at Donald Trumps conduct here and reach any conclusion other than the fact that he can be prosecuted in the criminal Justice System would be tantamount to saying that president s ntare in fact above the law, and that donald trump is above the law. And that, not to be dramatic about it, would be the end of one of the most cherished principles and democracy, that no man is above the law. I dont think youre being dramatic at all, thats what is at stake here. Jonathan lemire, you cannot separate this, its a legal question, from the politics. The idea that donald trump and his legal team has been to delay, delay, delay if he can get himself reelected in november he becomes president , he controls the Justice Department, he can make all of this go away. As you look at the calendar, the Supreme Court ruling comes g out in june, sometimes mid june, a trial we are hearing may not start until september, october. This does, in many ways, help Donald Trumps cause as he looks to have this stuff just go away. Yes, so Many Democrats reached out to me yesterday like i cant believe he will get away with it again. Theres a sense of frustration that trump always seems to escape, slip the hook. A few things, thats a legal analysis, its probably right, the Supreme Court to take the case even though we expect that they will will agree with the lower court. Lets talk about the president ial campaign coand the timelines here of the four cases. We know the georgia case has become a bit of a mess, its also sprawling to begin with that is always perceived as not starting until 2025. The classified documents case, there are real reasons for delay here, but trump pulled in a friendly judge that seems to go along with the delay tactics. This case now may not happen until the fall or perhaps after the election if trump wins he can wave his hand and make the Attorney General make this go away. That leaves the new york case which is scheduled to start in a few weeks, but is perceived by most as the weakest case, the one that may not carry prison time where he to be convicted. I think when we come to the end of this its what Biden Campaign aides have been saying all along, we cant bank on the court to bail us out. They are going to have to win the election in the campaign. And that is the truth, our friend was on the show earlier and said exactly that that she has never thought that the defeated donald trump is going to come in the court. I completely agree, and while i think that for many reasons it is unfortunate that trump always seems to escape justice, at the same time, we dont want our judges and our rule of law being dictated by political timetables. Likely, i talked to a Supreme Court insider yesterday, and he says the colorado ruling, that that case, that trump will win probably. In this case trump will lose, and its likely that both might be unanimous and the court might be unified in these decisions. If that happens, it is a good show of strength for the rule of law in america just that the process has gone through the steps. Thats right, lisa let set aside the politics. What should we expect, theyve agreed to hear this now on april, what does that look like . And what sort of timeline should we expect for a decision . And if you will, if assuming elise is right and they will against trump in the case and the trial proceeds, judge chutkan has says that she will give the parties time to prepare. What imis your best guess as to when this might come to trial . Lets start with the math w that is remaining, when Donald Trumps case was paused to allow for further consideration of the Immunity Issue there were mm88 days left to trial, judge chutkan has committed herself to giving donald trump around seven months to prepare for trial. We have to assume that she takes that 88 they remained are very seriously. She has also said including through a pre questionnaire that went out to prospective jurors in the Washington Area that this is a trial that will take around three months. So you have to build into the calendar that 88 days, plus 90 days t to try the case if you think that this is going to happen before the election. Thats why folks like me are asking the Supreme Court why because time is quickly elapsing here. There are folks who believe wh that the Supreme Court could rule quickly after the april 22nd oral argument. Our friend is one who believes that the court will render ruling by sometime in early may. On the other hand if you believe that the court is likely to push this decision until the end of the term in june, which usually ends at the very end of june or july 1st, like our friend judge michael looting, then you are in a crunch with respect to the calendar, and if and when a trial can begin. Theres also finally the question of department of justice policy. Ive heard a number of folks on our air and other places say, wait a second, the department t of justice prohibits taking steps in a case like this, 60 to 90 days before an election. That is not my understanding of doj policy which prohibits overt investigative steps, not the trying of the case. But, more importantly, to the partner of justice wont be in control of when this cases tried. That will be up to judge tanya chutkan, if and when the cases returned to her. In that instance, i believe that judge chutkan would proceed even if we are well into general election territory at that point. John . Lisa, by the way i called the hamilton reference, joyce vance, let me ask you, you said yesterday you think its unlikely that we see this trial before the election for all the reasons that lisa just laid out. What kind of a timeline given your experience in the court is realistic for people to expect here . Right, i mean, its possible that there could be an aggressive timeline where the sun and the moon and stars lineup and the case gets to trial. But, i will tell you, willie, 25 years of trying cases at the doj these things dont run like clockwork. For one thing there is some administrative time that it takes after the Supreme Court issues its ruling to get the mandate back to the district th court so that judge chutkan can get back to work. It would be a mistake for her, and i dont think we will see her give trump any less time for trial that she had initially said he would get. Thats the 88 days or so that is left on his Trial Prep Clock for the amount of time that this case has been the reason you dont touch for the time is of course that gives trump the ability to argue that if hes convicted and the case goes on appeal that he was denied his due process, right . What we really dont want to see is this case getting reversed on appeal if there is a conviction. Beyond that there are all sorts of things i get in the way, witnesses can get sick, the judge may have some other events on her kyle and or once the case comes back. We suspect she will make every effort to give this case priority, but there is some realities. Theres early voting lurking in the background of all of this, not everyone will vote on november 5th, some voting will start 30, 40 days in advance of that, so the possibility that this case could have a jury struck get all the way to the evidence get the jury time to render a verdict and have all of that accomplish before people begin voting its pretty unlikely at this point. Coming up we will get to Hunter Bidens day on capitol hill, and what lawmakers are saying about his closeddoor deposition as part of the gop Led Impeachment Inquiry into President Biden. Morning joe is coming back. Esi. Morning joe is coming back. Even days after using. Most common side effects were nausea, indigestion, and stomach pain. Ask about nurtec odt. Liberty mutual customized my Car Insurance and i saved hundreds. Thats great. I know, ive bee telling everyone. Baby liberty. Oh baby liberty. How many people did you tell . Only pay for what you need. Jingle liberty. Liberty. Liberty. Baby liberty. 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I cannot believe that they have found a new low, it is so embarrassing to sit in the room for an hour, while they try to weave Conspiracy Theory after Conspiracy Theory, something that only embarrasses them further. Its clear that there is no there there. Democrats on the Oversight Committee reacting to yesterdays closeddoor deposition by hunter biden, who struck a defiant an emotional tone during his testimony as part of the gop Led Impeachment Inquiry into his father, President Biden. Hunter condemned the investigation as a partisan political pursuit that was based on a false premise and fueled by lies, and reiterated his stance that he never involved his father in any of his Business Dealings, while also acknowledging mistakes he had made, pointing to his battle with addiction. We are told, during the nearly sevenhour long closeddoor deposition, there were heated moments between republicans and democrats regarding interruptions during lines of questioning. After his testimony, hunter said his deposition went great, so far republicans have yet to turn up any evidence in their Impeachment Investigation. Joining us now congressional investigations reporter for the Washington Post jackie alemany, and senior Political Columnist for political jonathan martin. Good to have you both, jacqui, i will start with you with, is there anything that republicans came up with of substance, and i would point are people going to say this is taking away from other incredibly important issues of our time, like foreign aid and government shutdowns and actual real needs of the American People. Yes, mika, i think if anything republicans will have to reckon with the fact that ive been told by several sources who were in the room for that hearing, that hunter biden happened to be one of the most prepared, disciplined and on Message Witnesses that they have had appeared before the committee yet who spoke very eloquently of a broad swath of evidence, some of it unsubstantiated, some of it, you know presented in sort of dribs and drabs context last Text Messages and communications that they have cherry pick from the mountain of records that they have obtained so far. And that there has been still no there there, for anyone who thought that this was going to be the smoking gun, the star witness, it certainly is disappointing, hunter biden spoke about a lot of instances that republicans have pointed to as wrongdoings as examples being drunk or high at the time of those communications. Quite frankly as someone in the room told me in a readout that he was laying out the times when he said his father was press into certain Business People like this one text message that has been reference that he was in communication with a chinese associate that he was doing business with, and texted him in a Whatsapp Message that he was with his father right now. He said during that deposition that that was actually a lot, and that he was under the influen

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