Casting their ballots for uncommitted. If he doesnt get it together and change, what he is doing, we will not vote for him in november. Hunter biden is testifying Behind Closed Doors to the House Oversight committee. I am telling you that this is a waste of time and we need to get back to this peoples work. I am tired, the republicans are going to lose the house. Yall run this back for them when they do. Mitch mcconnell is stepping down as leader of the Republican Party in the senate. Its time for the next generation of leadership. More than 100 people were killed during a violent scene at a Food Distribution effort. A Palestinian Eyewitness tells msnbc news, Israeli Forces opened fire at the crowd before the trucks arrived. Israel telling a different story, saying many were killed in a stampede near the trucks. The Health Ministry puts the gaza death toll from the war at over 30,000. President biden and former president trump, visiting the southern border. This is a biden invasion over the past three years. Politics with the issue, when we just get together and get it done . You heard it from her. Congresswoman Jasmine Crockett saying, quote, i am telling you that this is a waste of time and we need to get back to the peoples work. The republicans are going to lose the house and yall run this back for them when they do. We will have congresswoman crockett later on. She never vinces words on this week, she has a lot to say about the gop chaos caucus. She will bring more of that Trademark Fire in the show as she shares what went down Behind Closed Doors in the farce that is the hunter biden investigation. We it was a dark and rainy day in atlanta yesterday, as Closing Arguments were made in an evidentiary hearing to determine if Fulton CountyDistrict Attorney fani willis should be disqualified from continuing to prosecute Donald Trumps r. I. C. O. Case. The state, calling the defenses efforts to disqualify willis a desperate attempt to remove a prosecutor from a case for absolutely no reason. Other than harassment and embarrassment. And trump lawyer steve saydel arguing that once you have the appearance of a propriety, that is enough to disqualify. But the question of whether the defense met their burden of proof still remains. Judge mcafee saying, he would rule in the next two weeks and if the motion is granted, the Racketeering Case against donald trump could be entirely upended. Joining me now, Anthony Michael christ, assistant professor of law at Georgia State university. Anthony, you and i have been following this case intently for several months. You were also present yesterday, as was i, when we were listening to these Closing Arguments. Straight out of the gate. I want to know your prediction on how judge mcafee is going to rule. I think it is very unlikely he will disqualify the Fulton CountyDistrict Attorneys office from the case. Namely, because the burden of production in terms of evidence rests with the defense here and so, there is one really important piece of unrelated evidence, which is that fani willis relationship and it before the indictments were handed down by the Fulton County grand jury and before charging decisions, and charging recommendations were made to that Fulton County grand jury. I think thats really the key point here. In terms of the timing and i think that the standard is wrong in terms of what the defendants are arguing. I think georgia law is very clear, actual concrete Conflict Of Interest must in order to disqualify District Attorneys office from a case. So, anthony, lets say on this because there was a lot of questions as you heard peppered to the defense by the judge in this case, as to the burden of proof. I heard judge mcafee saying, hey, preponderance of the evidence is the standard. But to steve say though he said, suggestions of wrongdoing certainly do not meet that burden. Do you agree with how judge mcafee was asking the defense whether or not they understood whether burn was . It did seem as if there is a little confusion there. I think we really the bottom of that issue here is, you know, you cant have a scenario where the Defense Attorney brings in, you know, these allegations, salacious or otherwise, that were all had and no cattle, and then muddy up the process just efficiently enough to say well, now there is an appearance of propriety in the eye of a reasonable observer, in the public. So, i think thats really a problematic dynamic that you would interject into the criminal Justice System. Of course, we want prosecutors to, you know, discharge their duties faithfully and to not make with rather that defendants are not taken advantage of or at the process is not abused in any sort of way. But part i think prosecutors are partisans, right . Necessarily, so, and so we have to really figure out what that balance is. We also have to make sure that when allegations are brought, they are substantiated and really, in my view at least, the defense has not produced the evidence to suggest anything untoward happen to the extent that fani willis profited from this prosecution, that there is just really nothing there in that sense. You know, anthony, weve been stuck on this idea of actual Conflict Of Interest versus appearance of impropriety. The defense, i thought, trying to play cute a little bit yesterday. Too clever by half, trying to tell judge mcafee that it should be appearance of impropriety. However, you are the law professor. Educate our viewers, is it actual Conflict Of Interest or is it appearance of impropriety . I think it is actual conflict. The appearance of Impropriety Standard is one of these four judges. Judges are different than prosecutors. Judges are adjudicators, they are to be impartial and fair. That is essential to the criminal Justice System working well. But prosecutors are adversarial, they are not team defendant. And so, different standards have to apply. The history of the disqualification in georgia goes back to 1860 and in 1860, the statute that we still pretty much have today in some way, shape, or form, is talking about a common law standard for disqualification, from an Interest Rate and direct pecuniary interest, money lining the pockets to prosecutor or relationship. For example, the prosecutor is close with a witness, used to represent a defendant, knows the victim, something of that nature that would call into question their ability to bring the case fairly. And that is a High Standard to prove. Is it an old standard . So, i think what the defense are trying to do here is import a new standard that is not consistent with georgia case law, nor the Common Law Origins And Statutory History behind the Disqualification Statute that is still on the books today always so smart and so informative. Im out of time, anthony. But i invite the viewers to go and look at the Atlanta Journal of constitution. You wrote an exceptional piece tracking the history of a statute and really taking a deep dive in terms of what is going on with this disqualification. I appreciate you being here, Anthony Michael christ, thank you so much. Thank you. Meanwhile, we are going to go back to florida, Where Trump Appointed federal judge, Aileen Cannon, heard arguments yesterday in trumps classified Documents Case. Now, while theres technically still a may trial date for now, trump attorney Todd Blanche Winds that it would be unfair to the former president to put him on trial before the november election, saying, quote, we very much continue to believe that a trial that takes place before the election is a mistake and should not happen. Special counsel jack smiths Team Urging Judge cannon to agree to at least a july trial start, but cannon already expressing doubts. While shes yet to make an official ruling, her infamously sympathetic aired to donald trump is leading some to believe that he just might get his way. Joining me now for more is paul butler, msnbc legal analyst and professor of law at georgetown law school. You know, paul, lets talk about what happened yesterday. There was zero ruling from the judge from the bench. There is still a may trial date paul Conventional Wisdom suggests were not going to trial in may. I want you to talk about, paul, the fact that the Supreme Court just took up that once its federal election president ial immunity and whether or not you thought that weight on judge cannon at all in terms of her considerations of a new trial date. So, it didnt come up yesterday. Donald trump thinks he should be immune from prosecution over classified documents, just like he should be immune for trying to the election,. The issue of the Supreme Court is deciding in the d. C. Case is whether a former president has immunity for acts he committed when he was president. The classified Documents Case, trump is making a different argument. Hes charged for conduct after he left the white house. So, he is saying that he should not be prosecuted. Hes could actually asked Supreme Court to take up this issue as a separate case, which would cause even more delay. Yeah, you know, paul, something that stood out to me also was the fact that judge cannon brought up the 60day rule herself, right . Judge cannon, asking whether or not the 60day rule applied. Now, this is a judge. This is an impartial jurors who supposed to be just calling balls and strikes down the middle. Why would judge cannon be asking about the doj, specifically, about the 60day rule . Thats a really good question, katie. The 60day rule isnt even part of the federal criminal code. Its a doj policy about what prosecutors are investigating a politician. Theyre not supposed to take over acts like executing a Search Warrant shortly before an election. But this policy does not apply to ongoing prosecutions, so for example, if trump is already on trial in florida or d. C. , the judge trial just because its 60 days before the election. Paul, lets also talk about the fact that donald trump keeps pushing the limits and the boundaries of getting information that should be protected, sealed, and otherwise not available. Im not even talking about the classified top secret documents themselves in the discovery process. Im talking about the motions filed to compel the turning over, by the government, of the names of witnesses and other people that participated in the investigatory process. Right, he wants to make the names of the witnesses public, katie. There is no good reason for him to do that. And jack smith has legitimate concerns that those witnesses would be subject to threats and intimidation. But that is what has happened to witnesses, judges, and prosecutors in trumps other cases. But you know, i think the real takeaway from yesterdays just how trumps defense team thinks that judge Aileen Cannon is going to cooperate with their delay tactics. They claim that the trial needs to happen after the election, otherwise its political persecution and election interference. But kd, then they were cool with having the trial before the election, as long as its in august. They didnt mean that. The defense is playing this chess game to try to delay everything. If judge cannon sets her trial for august, that boxes out judge chutkan, who says her trial in september. And then as we get closer to the august trial date, judge cannon is likely to be sympathetic to more and more delay, pushing both federal trials after the election, which, as you know, katie, could mean that they will never happen. Which then means, paul, weve got a focus on the manhattan d. A. s case that goes to trial on march 25th. Weve got to see what happens in Fulton County, with fani willis. Paul butler, as always, my friend, its good to see you and thanks for getting us started. I appreciate it. It and still to come on the Katie Phang Show, decision 2024. Youve got multiple caucuses set to kick off today. In the states of idaho and missouri. And theres a look ahead to this weeks makeorbreak Super Tuesday that could determine the future of nikki haleys languishing bid for the oval office. That is up next. Hing m are an easy way to get prebiotic, plantbased fiber. 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This weekend republicans are gathering in force dates to other helps amanda trump lead or help nikki haley finally win at least one time in the race for the republican president ial nomination. Today caucuses are being held in idaho and missouri with a Party Convention in michigan. On sunday, washington d. C. Will hold its caucus. The biggest competition comes in just three days, on Super Tuesday, when 16 states and want territory are holding a caucus or primary. 865 delegates are up for grabs. It is do or die time if nikki haley hopes to stay in the race past next week. Nbc news is Kristen Welker asked her this week if Super Tuesday could be her last stand. We are looking at a, we are hoping for a good competitive showing. That has always been the case at every step. Can we continue to stay competitive . 70 of americans say they dont want all of trump or joe biden. You keep going to make sure people have a choice. Doesnt sound like a note to me. Joining me now is david jolly, nbc political analyst, former political congressman from florida, and Amelia Julian a political strategist and one of my favorite young people. Dave it and olivia, thank you for joining us this morning. David, i want to start with you. Nikki haley seems to be lowering expectations ahead of Super Tuesday, though she has been strong about trying to keep in until the bitter end. What it is going to be, dave . It is she going to say, peace, out after tuesday night . She should. She shouldve said it after new hampshire, certainly after south carolina. It leaves you asking, why has she stayed in . Vanitys powerful in politics. Certainly some of this is vanity. Lets take her out her word. She thinks voters who are asking for choice deserve to have one on the ballot. If so, good for her. Statistically that is exactly right. There is a Movement Among republicans who dont want donald trump. The question is, if she is mobilizing that constituency. Its so important that they have another choice, what does she do for them when the republican primaries over . What she had indicated as she will fold in behind donald trump and presumably asked those voters to folded behind donald trump. So what is the tech side all about . Unless she actually says, im not sure donald trump is the right person against joe biden. She has equivocated so much on that and actually suggested i