To limit what donald trump can say about his federal election interference trial. And then, Kevin Mccarthy, his shrinking speakership. The republican Leader Caving to the radical right with his impeachment push. The intensifying effort to block donald trump from State Ballots in 2024. My conversation, oneonone, with the harvard constitutional law professor. That is coming up soon. Lets get started. So, developing late last night, special counsel jack smith asked judge tanya to issue a gag order against donald trump, prohibiting him from attacking prosecutors. Including the judge herself, or potential witnesses who may testify in the federal criminal trial, seven from his effort to subvert the 2020 election. Prosecutors said, quote, the defendants past conduct, including contact that is taken place after, and as a direct result of the indictment in the case, amply demonstrates the need for this order. Adding that trumps pass all those had already resulted in harassment of potential witnesses. Of course, to no one surprise, yep, donald trump responded by doing what he always does, lashing out. This time on social media. Claiming that President Biden had weaponize the doj and the fbi. Of course, there is no evidence to support that whatsoever. And its requests, the special counsels office contends that trumps posts amount to more than a mere breach of to quorum, because his public victory all has a history of unleashing harassment by his followers. Of course the prosecutor specifically cited Donald Trumps and from his attacks on his former then there was the Georgia Election worker, ruby freeman, the former lieutenant governor, jeff duncan. All of those, just a few examples of the figures who face direct threats as a result of being singled out by donald trump on social media. That same day, a federal Appeals Court also unsealed records showing that the same prosecutors had fought in court to block twitter from telling donald trump about a pending search order, worrying that informing him could precipitate violence, or enable him to attack and intimidate witnesses. So when you kind of take a step back, take it all together, the governments finally presented these extraordinary pictures of a former president as a uniquely dangerous threat, not just to the courts, but the justice system. Those who would align against him in this criminal case. Lets bring in my saturday night panel, and msnbc political analyst and executive price president s at and a monte international, an international pollster. Former congresswoman, donna edwards, shes also an msnbc political analyst and columnist for the washington post. Finally, a federal prosecutor. He is a Legal Affairs columnist at politico. An allstar panel. Lots to talk about tonight. Were not all those scope with this potential gallagher. I specifically recall a couple weeks ago when this trial was just beginning, everyone was saying its just a matter of time before donald trump goes up for the judge, goes after witnesses, goes up to special counsel. We are going to find ourselves in a situation where the judge is going to have to, at some point, make a decision about how to constrain his attacks on the actual process [bleep]. What do you make of the former president effectively saying this to do away with his right to free speech . Hes putting the issue front and center. Hes essentially trying to create a situation where he can mount a First Amendment challenge to the gag order. Something that might be grounds for him to try to have an immediate appeal and affect the appeals. I think the judge lay forward for how she is going to deal with him in the future when he violates her orders. She says at a prior hearing, she said that if he can keep his mouth shut, and keeps for Making Statements that are going to undermine the process, that potentially change the jury poll, that would be grounds to move up the trial date. I think shes more likely to do that, because its not on appeal, which is why discretion to do so. I can see her moving up the trial day, this is sending a message to donald trump, rather than getting ourselves in this challenging situation where shes trying to police a speech. This is always a tricky situation for a judge to make. Congresswoman, whats your take on that, and how all of this is playing out right now . The fact is, perhaps on this particular panel, you are uniquely poised to be able to talk about the politics in the legality of it as we hear about the legality of, at trump is exploiting this politically. He is turning around in framing this to his base, to voters. There are silencing. Made their silence in my free speech because they know that this is the only way they came out at the ballot box. You know, judge chung and really laid out, early in august, what the parameters would be. I think, you know, no one could argue that from that time until now on his social media platform, and in his public appearances, that he continues to attack the judicial system, attacked potential witnesses. He has talked about a tainted on fair jury pool and washington post, ct, where he thinks he cant get a fair trial. All of these things actually point to what would be rather extraordinary, but its about, its not about silencing donald trump. He can say lots of things out on the campaign trail. He can actually talk about what he wants to do in his second term. He cant attack the judicial system in the process, and all of the people involved in that as a way to get his way, and try to influence that pool. I think that judge chutkan is going to come up with a scope of what donald trump can and cant do, and then hell be in the position of other violating another order and been forced to come back in front of her. I dont think it looks pretty for donald trump because they can hardly keep his mouth shut. Well, quick if the Council Grants this gag order, what happens, next it moves up the court . The beginning of the trial . I think thats what she is likely to do, if she does grant smiths request, at least in part. What i think should be doing is essentially, you know, what having an additional order that tries to limit his social media posts. I mentioned that there would be motions granted after that. In which trumps arguing that hes been silent, hes a president ial candidate, and so on. Shes just been so savvy up till now. Shes a very experienced litigator. I think shell use the immense power that she has over this trial, the schedule, to try to make seven downside for donald trump, make it so he has an incentive to, you know, a bexar orders. Right now, he doesnt have any incentive. He basically sees it in his advantage to dump his nose at the judge, and try to rile up his base, is campaign donations, and so on. If you look at the ceiling of the documents, theres a Significant Development there. That was, and we learned that, as you know, this, week that twitter had turned over 32 direct messages from the former president s account to the special counsel. Then, we actually got our hands at a court filing that finds that federal prosecutors had secretly argued in april that of donald trump learned of their efforts to access his direct messages on twitter, his Public Disclosure of that development could precipitates violence. It seems like a pretty Significant Development just because it shows to the extent that jack smith is worried about what donald trump can do on social media, but also, what may have been set in those direct messages. It is as Significant Developments. I think there is a dimension to the special counsels request for the gag order that we havent really gotten into in this discussion yet. It is not just the specter of what trump is trying to do to shape Public Opinion, to rally his base, and to potentially influence the jury pool, but its a specter not just a violence, but of potential harm and death to one of the participants in the trial. Remember, the maga base, as weve seen from the actions of january six, and other incidents before and after, has proven to be a response to the calls of the leader of the personality cult. And this case, donald trump. I dont think that special counsel smiths plane, or playing games, or trying to do this as a tactical maneuver. I think theres an element of real danger, or given what weve seen has been a weaponized base that trump is used. On occasion, and in the past, the fact that hes been charged with some of these federal crimes, i dont think that we can discount the fact that violence is on the table. I think that is really what judge chunkier needs to take into consideration. Not just the threat of moving up the trial, which of course would not be to trumps legal advantage, but to the protection of herself and all of the participants, the jurors, the special counsels themselves. Weve seen donald trump stoke and engage people to act, and his wishes an interest in violence, and i dont see what would stop him from doing it again. Were not, joe just moving up the trial jeopardize the fairness of the trial that donald trump could exploit if hes convicted to not given due process because i was not given a fair amount of time to prepare for this . On appeal, which i suspect, if he is convicted, he would certainly do an appeal. Would he be able to argue, look, she moved up the trial, claiming that it was because of my violation of these gag orders. I get a right to appeal. Yeah, theres no question that he is going to but the constitutional floor, in terms of how much time you need to prepare for trial is very, very low. It would really take a significant shift for the court of appeals, the United StatesSupreme Court to say, actually, defendants are entitled to ample amount of time. Months of time to prepare for trial. As a practical matter, and ill say this is somebody whos is a prosecutor, ive defended a lot of substantial cases, yes, it does take a lot of time to prepare. As a practical matter, in terms of where the law is, courts of appeals gave judges like judged very, very Broad Authority to manage the calendar. The First Amendment, however, the courts take seriously. They have strong discretion in the First Amendment. I can just see her taking a position where she doesnt want to touch that as much, shes so experienced, i could see her using her levers of power. There are a number of different levels, to try to give some downside to donald trump. I agree, she should be concerned about her safety. I know what its like, ive been in that circumstance, where ive had serious threats. It is very significant as a situation. Congresswoman, the question of the gag order comes after trumps lawyers demanded that trump kim bocuse dor cell from the federal election case because she has prejudice, or she has prejudged, we should, say his guilt, or he has prejudice towards him. What is your take on that . Just as weve learned in terms of the judge, the trial judges ability and latitude to manager calendar, she also has the power to make a decision about whether she should refuse or not. I fully expect, i mean, shes not going to recuse herself from this trial. Theres no reason for her to do that. Again, i think that the Trump Lawyers are just trying to muddy the waters, and cause multiple delays. I think that judge chutkan is savvy enough to know whats going on here, that shes going to manage that process really well. I was going to say, it switch from trump and his team to us that judge shrunken recuse herself while at the same time not saying anything about the judge he appointed in the maralago case, aileen cannon, from doing any measures, or taking any measures. The perception that he thinks shes going to be favorable, that speaks for itself. Stick around, weve a lot more to discuss after the break. Well talk about the other big story of the, we Kevin Mccarthys pathetic Impeachment Inquiry announcement, and his balance to the pressure of the extreme maga House Republicans. Ouse republicans my customer was enjoying her new car, when her windshield cracked. [gasp] customer my car tech vo she didnt take it to the dealer. She scheduled with safelite. 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Im starting a Private Equity Fund that specializes in midcap. You do you. And so it finally begins. Switch to Xfinity Mobile today. This week, after nine months of baseless investigations, producing no evidence or any reports, House Republicans announced their longawaited Impeachment Inquiry into President Biden. Not so fearless leader, our speaker mccarthy, now has task three committees. The oversight, judiciary, and Ways And Means with carrying out the probe into the president and his familys Business Dealings over gop allegations of abuse of power, obstruction, and corruption. These are allegations that House Republicans have been chasing, as i mentioned, for months. So far, to no avail. So, im sure youre asking, what brings this goose chase to the level of a full blown Impeachment Trial now . It seems that mccarthy is appeasing his farright members who have repeatedly threatened to oust him. This was speaker Nancy Pelosis response when she asked if mccarthys concessions have impacted the work of the office that she and others once held. I call it the incredibly shrinking speakership. At some point, you had to say, why do i want to be speaker . But mccarthys Appeasement Operation already looks like a total failure. In fact, here is one of his top critics, florida congressman, matt gaetz, openly mocking the speaker, on this very network. Yeah, i couldnt tell if you cutaway to Kevin Mccarthy or commercial for t. Yesterdays impeachment is somehow todays thought impeachment. Good gracious, if we have to make the case against joe biden, lets hope we have affected people like jim jordan and kobe are making the case, and maybe turn off Kevin Mccarthys microphone for a while. I could peel back the curtain here. Kevin mccarthy is going to advance in impeachment on joe biden, a lot like he was going to advance an impeachment on ali mayorkas. Months kevin got power, all of that went by the wayside. I think youre witnessing the same gaslighting, and the same allusion, in the same mirage right here. He doesnt really need it. And then there is the shadow that has been looking over his speakership in the form of donald trump. This, week both the New York Times and political reporter don trump porcupine the scenes turned gop lawmakers to, in fact, impeach President Biden. It is clear who is actually pulling the strings here. Theres no doubt about it. Unfortunately for Kevin Mccarthy, there is nothing more motivating than revenge. For trump, you know, this Impeachment Mission against joe biden isnt just about playing politics or distracting from his own multiple indictments. It is, personal. It is democrats first impeached him back in 2020, one he has been desperate to repay the favor. If you dont believe me, all you have to do is just listen to him. He admitted as much in a recent interview with making kelly, saying, in part, quote, i think that if they had not done it to me, perhaps you wouldnt have been done to them. Thats bring back my panel. Congresswoman, ill start with you. I want you to listen to what congressman adam schiff said, who led the impeachment against donald, trump had to say about Kevin Mccarthy. Watch. Mccarthy realizes that he doesnt have the votes to do a r