Up here. As you know, there is so much to cover in tonights Defendant Trump News from new york to florida. Andrew will join us for that. I wanted to keep him on for the whole hour so im glad he is yours. I know the feeling. I know it very well. Have a good show. Breaking news tonight, federal judge gannon who was appointed by donald trump, denied a motion to dismiss the criminal case filed by jack smith alleging donald trump violated the Espionage Act by releasing documents after leaving the presidency. Jack smith and donald trump were both in the front room of the courtroom while the judge heard arguments from both sides on the motion to dismiss. Donald trump did not have to be there. He was there. In the front row. He was dangling the Supreme Court nomination in front of his trial judge. Judge cannon knows that her future as a Trump Appointee to the United StatesSupreme Court depends on how she handles this case and what voters do on election day. So far she has been handling this case in every way she possibly could to please donald trump. If donald trump wins the presidency again, he would truly approach Clarence Thomas with an offer he could not refuse. Leave the Supreme Court so donald trump can replace him with a younger conservative like judge cannon. Clarence thomas gets a beautiful brandnew custombuilt to his specifications, motorhome. The most expensive one in the world. Complete with Goldplated Trump style faucets. As much private travel as Clarence Thomas could possibly want on Donald Trumps private planes and other Corporate Private planes and massive amounts of money for republican beginners who will put Clarence Thomas on their boards. That offer, almost as specific as that, was floating right there in the air. In the room between donald trump and judge cannon. Right there were anyone with an understanding of donald trump could see it. Very much including judge cannon. So, when she wrote the twopage order a couple hours after the hearing denying his preposterous motion for dismissal, claiming that the law is too vague, she wrote her order in the most favorable possible terms to donald trump. She denied the motion without prejudice, meaning donald trump is allowed and according to judge cannon, encourage, to bring up the same issue later in the process. The judge said one of the points of the process were the motion, during jury selection. Sing it could be raised as appropriate in connection with Jury Instruction Briefing and or other appropriate motions. Judge cannon did not rule on the second ground for dismissal that they Trump Lawyers argue today involving Donald Trumps claim that the documents in his possession belonged to donald trump. They argued that the president ial records act allows the president to designate as personal documents and donald trump designated all of them. Judge cannon did say, i am not seeing how any of that leads to the dismissal of the indictment. Host of the podcast, courtside, and andrew wiseman, former fbi and chief of the Criminal Division in new york. Bradley moss is with us. An attorney who represents people working in the intelligence community. Andrew, let me go to your reading of the judges order here. In my reading it included almost the encouragement that they bring the issue up again. This was the worst possible outcome for the government. If the judge had simply said, i agree with donald trump. I find it is vague and im dismissing it, the government could have appealed it to the 11th circuit. As they have done twice before and won twice before. That is something that this judge is trying to avoid at all costs. She also did not want to rule in favor of the government. What she did, she said why dont you bring it up later . I think there is some real issues here. She flagged that. There will be a lot of complications if she deals with this after a jury is sworn in this case. That is the key moment where Double Jeopardy attaches. The various legal consequences to that. This is the worst possible decision for the government. By kicking it down the road and saying that i still may decide in Donald Trumps favor later, she has avoided the 11th circuit. She has not given the government what they clearly deserved. There is nothing vague about the statute. People are in jail. As bradley knows, for violating the statute. Neil, your reading of what happened in that courtroom today and the ensuing judgment . Andrew is basically ray. There were definitely Better Outcomes for the government, including possibly a straight loss. That wouldve allowed them to take the appeal. On the other hand, judge cannon did basically suggest that this is not vague or vague enough at this moment. That is a win for the government. Its only a temporary win. Not a huge one. My fear is that it will be a win for jack smith in the same way as they win will be once the Supreme Court decides the absolute immunity case that they are hearing on april 25th. I think there is no chance the United StatesSupreme Court will side with trump on absolute immunity. By the court having a delayed schedule, it gave donald trump what he wants. A very realistic possibility he can delay the case past the election. That is basically what judge cannon did here. Kicking the candelabra. She had a full day hearing about these two legal issues which were absurd. The only thing Donald Trumps arguments merit is an eye roll and a swift denial. Not this one day hearing in the like. Every time she has these hearings, it delays the day of reckoning for donald trump. That is all he wants because if he can stretch this past the election he can order the Justice Department to drop this prosecution. Bradley moss, given the history of the Espionage Act and the use of it in criminal cases, has this ever been raised before, that it is too vague to use in prosecution . Two every single criminal defendant who has ever been prosecuted brings the same motion. They all argue it is unconstitutional. It is too vague, it cannot be applied like this. They all failed. Judges over and over, multiple District Courts across the country have always rejected this argument. What concerns me and its following up on what andrew said, judge cannon failed to meet the moment. This will be one of the most monumental cases she will handle. All tied up with donald trump One Way Or Another where judges had to put their name in a moment of history to say here is my view on the law. Right or wrong, this is how i am assessing if she keeps punting, trying to push it off on somebody else to make the tough choice. Shes trying to push it off to potentially being a jury issue. Making 12 ordinary americans evaluate things that lawyers who are harder than me argue over every day. Now she was to get onto a jury. This is her job. She will have to rule on this as a matter of law or she will put too much burden on this jury. Andrew, and never occurred to anyone in a confirmation, a judicial confirmation hearing, to ask the question, will you recuse yourself from criminal cases involving the president who appointed you . Of course, it has never happened in history. Here we are. Here the country is watching this Grotesque Trump appointed judge leaning in every way she can in favor of the man who appointed her to her judgeship. The most glaring and poisonous Conflict Of Interest you could ask for in a federal courtroom, because it also contains now this dynamic of her judicial future if donald trump were somehow to win the Electoral College again. It obviously is dangling in the air there. It is totally obscene. I agree with you that what she is doing and her behavior the fact that she has been reversed twice for not just making minor errors, but significant errors. All of the things she has done, is onesided. It raises all of the things that you say. There are two victims here. One, the public. It is entitled to a speedy and fair trial here. At which the defendant is accorded due process. The other is something worth remembering, there are judges appointed by donald trump who are really good judges, who take their oath seriously. There are judges appointed by republicans president s who rule against republicans. There are judges appointed by democrats who will rule against democrats. Why . Because they act on principle. One of the things she has done, has made it extremely relevant to ask that question of who appointed you . It is hard to see any other explanation for the way that she has behaved. Even trying to think, is it just an experience . She has shown over and over again that it is not a consistent acclamation for how she is behaving and the way shes handling this case. Neil, some of us remember the most important Supreme Court case involving the president of the United States. It involved criminal behavior, richard nixon. It was a unanimous Supreme Court opinion ordering him to turn over the tapes which ultimately ended his presidency. He needed a pardon after leaving the presidency so he would not be prosecuted. At least four of those judges, three of them at least were appointed by richard nixon. At the time, no one had an issue with that. No ones faith was shaken in the possibility that judges appointed by nixon would be deciding his fate. At this point in the 21st century is another world. You are exactly right to think about nixon. There was a concern that the three nixon appointees would side with nixon out of loyalty. They did not. Just justice requested. That is the historic world of the judiciary. Stephen breyer, the year after nominated by bill clinton with the paula jones case, he ruled against bill clinton despite all of the politics and the pressure. I remember when the Affordable Care act was being argued and it was chief Justice Roberts who cast the deciding vote to save obamacare. Handing a huge victory to barack obama before the 2012 election. Thats what judges do. By the way, that is what the court of appeals did to judge cannon. It was three republican appointees who reversed judge cannon twice last year in stark language. Including a Trump Appointee. This is the way the federal judiciary is supposed to operate. My deep hope is that it can still happen here. This will be a rare moment everybody should record. It should go to the museum of broadcasting. Im going to not correct the Supreme Court matter, i will at a footnote to the reference of that justice who recused himself from the nixon case. It was an 80 unanimous decision. There was nothing to indicate that if he had not recused himself readily, the point of his recusal, it kind of goes to making my point here. About judge cannon and why she absolutely is someone who should have recused herself. Even recognizing her own lack of experience and ability to handle a case like this. It makes you wonder how shes going to handle these other motions that are still pending that she is dragging her feet on . Leading up into the segment tonight, andrew and i work joking about various terms and i look at some of the motions that were filed, especially with the president ial records act that was up today and it is nonsense. There is no possible realistic idea that it could be viable. She used a full day hearing and we still do not have a ruling. That becomes a concern. Simply an experience, bias, or she just is not meeting the moment, shes not addressing this in the matter she should. As a u. S. District court judge and shes not putting meat on the bones for these rulings. Stop kicking the can and make a decision. Let the chips fall where they may. I do not know how to spell that. No, the interest of full disclosure, when you said the point about that judge, i wrote a note to myself. Saying that he recused i was not completely sure. But, our Executive Producer came into my ear and said that the judge recuse. We were not relying completely on my memory, which is not better than joe bidens or anyone elses. Thats how we got to that fact. That will never happen again. I do not think its a correction, just a footnote to what you said. Isnt it . Absolutely. I appreciate the correction. I am preparing another argument now so my head is in a different place. There was the great trial lower. A lawyer is like being in a bathtub. They pulled the plug after each case and they forget everything they knew in the previous case to make room for the next one. Thank you very much. We invite you to add to vocabulary in future segments on the subject. Andrew and neil will stay with us. Of them bragg said today that new received evidence in the case against donald trump for his hush money, it is her preference to be referred that case could require 30 day delay in the trial. It was scheduled to start just 11 days from now. That is next. Or crab cracking, youre cashbacking. Cashback on flapjacks, baby backs, or tacos at the taco shack. Nah, im working on my six pack. Switch to a king suite or book a silent retreat. Silent retreat . Hold up yeeerp . I cant talk right now, im at a silent retreat. Cashback on everything you buy with Chase Freedom Unlimited with no annual fee. How do you cashback . Chase. Make more of whats yours. start your day with nature made. The 1 pharmacist recommended vitamin and supplement brand. With nurtec odt i can treat and prevent my Migraine Attacks all in one. Dont take if allergic to nurtec. Allergic reactions can occur even days after using. Most common side effects were nausea, indigestion and stomach pain. Talk to your doctor about nurtec today. 3, 4 talk to y ur doctor hey are you ready for me are you ready are you ready my name is marie. Im 49 years old and im a business owner. I own a lemonade and Ice Cream Shop in florida, so i can feel and see that my lines have gotten deeper just from a year out in the sun. Im still marie and i got botox® cosmetic. I did not want a dramatic change. I wanted something subtle. And im really, really happy with the results. Its still me, but with fewer lines. Botox® cosmetic is fda approved to temporarily make frown lines, crows feet, and Forehead Lines look better. The effects of botox® cosmetic may spread hours to weeks after injection, causing serious symptoms. Alert your doctor right away as difficulty swallowing, speaking, breathing, eye problems, or Muscle Weakness may be a sign of a lifethreatening condition. Do not receive botox® cosmetic if you have a skin infection. Side effects may include allergic reactions, injection site pain, headache, eyebrow, eyelid drooping, and eyelid swelling. Tell your doctor about your medical history, muscle or nerve conditions, and medications, including Botulinum Toxins as these may increase the risk of serious side effects. See for yourself at botoxcosmetic. Com. With nurtec odt, i can treat a migraine when it strikes and prevent Migraine Attacks, all in one. Dont take if allergic to nurtec. Allergic reactions can occur, even days after using. Most common side effects were nausea, indigestion, and stomach pain. Ask about nurtec odt. Business. Nausea, indigestion, and stomach pain. Its not a ninetofive proposition. Its all day and into the night. Its all the things that keep this world turning. The gotos that keep us going. The places we cheer. And check in. They all choose the advanced Network Solutions and round the Clock Partnership from Comcast Business. See why Comcast Business powers more Small Businesses than anyone else. Get started for 49. 99 a month plus ask how to get up to an 800 prepaid card. Dont wait call today. Manhattan District Attorney bragg suggested a 30 day delay for the start of the trial against donald trump for Hush Money Payments to stormy daniels. The District Attorney said that some delay in the start of the trial is reasonable because of recently obtained evidence from the u. S. Attorneys office in manhattan. The investigator the same criminal payoff scheme when they obtained a guilty plea from Donald Trumps lawyer who arranged for the delivery of the payoffs to stormy daniels. The District Attorney said that the delay Donald Trumps lawyers are requesting of 90 days is too long. 30 days would be reasonable because of the production since march 4th of approximately 73,000 pages of records by the u. S. Attorneys office. These records were produced in response to defendants january 1820 24 subpoena to that office. Yesterday the United StatesAttorneys Office produce approximately 31,000 pages of additional records and represented that there will be another production of documents by next week. The da said that so far only 172 pages of that material appears relevant to