>> let me tell you, i have the absolute right to do whatever i want with them. i have the right. >> no, no, no, he does not have the right. to keep america's most closely guarded secrets. and look how he kept them, in overturned boxes alongside newspapers, keepsakes and maybe junk. also tonight, julian assange is set free to some, he's a champion of truth. to others, he's a dangerous and reckless criminal who put many lives at risk by revealing sensitive information to the public. plus, the polls remain open in new york as progressive democrat jamaal bowman faces a tough primary battle to keep his seat in the most expensive house primary ever. but we begin tonight with the continued efforts by a trump appointed judge to defy legal norms in order to show deference to the man who put her on the bench. of course, i'm referring to one judge aileen cannon, who for a third day has decided to give donald trump and his lawyers a forum to put on his newest form of a reality show. and his attempts to either throw out his federal classified documents case altogether or at minimum, chip away at the heaping piles of evidence prosecutors will be able to use if a trial were ever to be scheduled. it is no surprise that trump has filed motion after motion in this case that is his right to do. but the fact that cannon has been willing to entertain every one ad nauseam, even when there's little legal or evidentiary basis only further confirmed the appearance that the delay is the point. remember, there is still no trial date thanks to judge cannon, which means there are no firm deadlines in place to resolve the remaining issues. and today's episode, trump's lawyers tried to make the case that the original search warrant used for mar-a-lago in 2022 which was approved by the magistrate judge under judge cannon, was not valid and should be tossed out along with more than 100 documents marked classified that were collected. even more consequential was their other argument that all of those damning notes from trump's lawyer evan corcoran that point out trump's clear intent to obstruct justice and stalling on turning over those classified documents, should also be tossed out under attorney/client privilege. even though a federal judge in washington, d.c. already ruled that corcoran's contemporaneous notes were admissible because of what is known as the crime fraud exception that overruled attorney/client privilege if what was discussed was in pursuit of committing a crime, like, say, obstruction of justice. we have seen what those notes look like. throughout the indictment where it refers to trump attorney number one, who has been identified as corcoran. there is this part where they're discussing what to do about the fbi's subpoena request for the classified documents. quote, trump, in sum and substance made the following statements among others as memorialized by trump attorney number one. a, i don't want anybody looking. i don't want anybody looking through my boxes. i really don't. i don't want you looking through my boxes. b, well, what if we, what happens if we just don't respond at all or don't play ball with them? c, wouldn't it be better if we just told them we didn't have anything here? and d, look, isn't it better if there are no documents? and then there's also this beauty when discussing what documents they should ultimately turn over. quote, during that connotation, trump made a plucking motion as memorialized by trump attorney number one. he made a funny motion as though, well, okay, why don't you take them with you to your hotel room and if there's anything really bad in there, pluck it out. that was the motion he made, he didn't say that. no wonder trump's lawyers want to get those thrown out. that's just part of it. new reporting on those notes from abc news who said they have reviewed the records, claims to show that trump privately expressed concerns that turning over those classified documents after receiving the subpoena could result in criminal charges. while trump continued to try to get his lawyers to lie and destroy documents for his benefit. quote, he raised the question as to if we gave them additional documents now, would they -- would they, the department of justice, come back and say well, why did you withhold them and try to use that as a basis for criminal liability or to make him look bad in the press, according to corcoran's notes. and yet, with all of these matters having already been decided by other judges, judge cannon has again felt the need to burn through a lot of time on trump's behalf, and today, we are again no closer to beginning a trial that trump knows he cannot win. joining me now is barbara mcquade, former u.s. attorney, professor at the university of michigan law school, and msnbc legal analyst. and mary mccord, former acting assistant attorney general for national security and cohost of the prosecuting donald trump podcast. thank you, ladies, both for being here. i'm going to start with you mary at the table. is there any world in which that search warrant is invalid, and can you imagine why a judge would hold an entire hearing on that question? >> i don't think there's any world based on the arguments that were made, and actually some of the reporting out of the courtroom does seem that judge cannon actually was also skeptical of trump's arguments. he made arguments in two flavors. one was that he was entitled to what's called a frapg's hearing named after a case called franks v. delaware which says if there are recklessly misleading information or omissions in search warrant, and if without those, there would not have been probable cause, then the entire -- the evidence seized pursue nlt to the search warrant could be suppressed. he wanted to have a hearing and hear from agents about the search warrant, but they were things like not saying in the search warrant that within the fbi, there were some people who thought they should ask for consent rather than do a search warrant. so what? it has nothing do with probable cause. things like explaining in the search warrant that when he was president, he was held at top secret clearance and was able to be briefed on top secret information at mar-a-lago. so what? this is all post presidency. and the reporting i saw, some from out of the courtroom, is that judge cannon at one point sort of also said so what, aren't we now talking about post presidency? >> i do have some optimism, the other basis it was too broad, it allowed for a search of too many places. the judge said if nothing was seized from places that were not particularlyized in the warrant, what is your harm? he didn't have a response. >> barb, the thing is trump's lawyers seem to be bringing up are things like when they unpacked the boxes, they didn't put things back in the box exactly in the order they were in. if they were next to an old people magazine with trump's face on the cover, it should have gone right back next to the people magazine. if they were next to dirty drawers or shirts in another box, where again, classified documents shouldn't have been, but if they didn't put it back, those are the kinds of arguments they were making. is there any world in which that is a reasonable argument as to why a search should be thrown out? >> no, in fact, with regard to this particular argument, they're asking not just that the evidence be suppressed but the whole case be dismissed, suggesting there is something nefarious going on about all this. no, this is an issue that certainly the defense can raise on cross-examination. i don't know why it would matter whether the classified document was before or after the christmas card that he had saved from some fan who had written him. but to the extent it suggests that perhaps it was hidden behind another document and it was difficult for him to see, i don't think that's going to square up with the other evidence that we have seen about the obstruction and some of the other things. but that's an argument that the defense can make at trial for the jury, but it's not a basis for suppressing the evidence in advance of trial. >> see, that is at trial is the thing to me that is the key point there. these sound like the things that should be litigated as part of a case that's happening. it seems that judge cannon is interested in having all sorts of hearings about all sorts of ephemeral issues. what she's not interested in doing is starting the trial. >> or ruling on some of the motions. >> she's listening like she's sort of in judge school and taking her time and not deciding anything. is there any way for jack smith's office to force her to start the trial? >> not really. the trial judge has control of their own calendar. i mean, there's been a lot of talk about will one of these opinions, if she ever issues a ruling, be appealable, and several she heard, in fact everything she's heard the last three days, a negative decision would be appealable by jack smith. if she were to dismiss the case on grounds that the special counsel wasn't properly appointed under the constitution or that the funding doesn't come from the right bucket of funding, that could be appealable. if she were deny the motion to modify the conditions of release to prevent mr. trump from saying things that cause a significant imminent risk of danger to law enforcement, they can appeal that. if she were to suppress evidence pursueabout to the suppression motion, that includes evan corcoran's notes, that would also be appealable. these all might give, depending on the ruling, give the special counsel a chance to go up to the 11th circuit and seek a reversal, which just depending on the circumstances may or may not be a chance for them to seek a recusal. people ask about that all the time. the government is loathe, loathe, loathe to seek a recusal. >> barb, the "wall street journal," for god's sakes, has new information about just how many doubts the judges, the senior judge in her same circuit had about her, whether she should stay on the case. then you add to that dragging her feet. you know, there has been this talk of a writ of mandamus, could jack smith demand that a court higher than her order the start of the trial. is that something you cannot see happening? >> not yet. i mean, it is a possibility because one important consideration is that it is not just the defendant but also the public that has a right to a speedy trial. under the federal speedy trial act, while all these motions were pending, the clock was stopped. she now has now that she's held the hearing, 30 days to issue decisions on these. now, there are provisions under even the speedy trial act to extend that for issues of complexity. and in this kind of case, she probably could do that. at some point, if she simply fails to rule on these motions or set a trial date, that could be a basis for seeking a writ of mandamus which is really just a request for the higher court to say to the district judge, make a decision, do your job. the time has come. you can't wait anymore. you know, again, just as mary said, the government is loathe to request a recusal. i think the government is also loathe to request a writ of mandamus. it is supposed to be granted under only rare circumstances. but at some point, that is a card that the government can play if the judge continues to delay in making decisions. >> let's talk about the other case. there's now a partially lifted gag order in the hush money case. this is ahead of the debate. so judge merchan has lifted restrictions on trump's ability to comment on the witnesses who testified against him during his trial, as well as part of the order barring him from discussing the jury that convicted him finding the witnesses and jury's work had concluded so no fear of impact of the proceedings. part of it stays in place. he cannot attack prosecutors and family members of any counsel, staff member, the court, or the district. does this seem like it protects the jury enough though? >> the one other piece that still is in place is a protective order which was separate from the gag order. the protective order remains in place, which bars mr. trump from revealing identities of jurors. so i was a little surprised that -- i'm not surprised he lifted it with respect to witnesses, particularly michael cohen and stormy daniels just because he had already indicated during trial that, if they continue to make statements about the trial, that they didn't maybe need that protection. but for the jurors, i guess i was a little surprised. and so i think that what judge merchan really was trying to signal is that you are free to talk about this case and the verdict and how much you disagree with this verdict without running afoul, but the protective order remains in place. even with respect to the other aspects of the gag order, prosecutors and families and judicial staff, court staff, he indicated that would lift as of july 11th after the sentencing. >> barb, one other thing, we have gone from the not so sublime to the ridiculous. i want to put up trump's latest fund-raising email. this is what he's claiming. i don't know if you can read that. he is claiming they tortured me in the fulton county jail and took my mugshot, in all caps. of course, they're supposed to get a mugshot. so guess what, i put it on a mug for the whole world to see. your thoughts barb. >> well, you know, again, this is incredibly reckless conduct. to say that he was tortured. i mean, does he mean that figuratively? i'm sure he doesn't mean he was physically tortured. there is absolutely no basis in fact for that. it's so reckless because he knows that there are people out there who will hear that as a call to action. just as the proud boys heard his comment as a call to action. just as when he falsely claimed that the fbi had planted evidence at mar-a-lago during the search, that someone heard that as a call to action, attacked an fbi office in cincinnati the next day with an assault weapon, and was killed later that day in a stand-off with police. it's incredibly reckless to use this kind of rhetoric, and he has to know that. it is inviting vigilante violence and it is making our country more dangerous. >> yeah, the sad thing is he surely does know it and doesn't care. barbara mcquade, thank you. mary is going to stay with me. up next on "the reidout," julian assange is in court right now after he agreed to plead guilty on one charge in exchange for his release. we'll take a deeper look into the outsized impact he's had on this country, including wikileaks being a major reason why trump won in 2016. we'll be right back. i got the power of 3. i lowered my a1c, cv risk, and lost some weight. in studies, the majority of people reached an a1c under 7 and maintained it. i'm under 7. ozempic® lowers the risk of major cardiovascular events such as stroke, heart attack, or death in adults also with known heart disease. i'm lowering my risk. adults lost up to 14 pounds. i lost some weight. ozempic® isn't for people with type 1 diabetes. don't share needles or pens, or reuse needles. don't take ozempic® if you or your family ever had medullary thyroid cancer, or have multiple endocrine neoplasia syndrome type 2, or if allergic to it. stop ozempic® and get medical help right away if you get a lump or swelling in your neck, severe stomach pain, or an allergic reaction. serious side effects may include pancreatitis. gallbladder problems may occur. tell your provider about vision problems or changes. taking ozempic® with a sulfonylurea or insulin may increase low blood sugar risk. side effects like nausea, vomiting, and diarrhea may lead to dehydration, which may worsen kidney problems. living with type 2 diabetes? 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