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Former Biglaw Partner Ty Cobb Skewers Judge Aileen Cannon In No-Holds-Barred Interview

You can feel the judge's bias in her orders.

White-house , District-of-columbia , United-states , Jack-smith , Erin-burnett , Cnn , Aileen-cannon , Presidential-records , Special-counsel-jack-smith , Judge-cannon , Presidential-records-act , Special-counsel

The 11th Hour With Stephanie Ruhle

i agree with joyce. this is a loser argument. in fact, the 11th circuit has already said it's a loser in a separate case involving mark meadows that poses much the same question. so, he is going to make it a plug felicity stunt. he's attending so people attention. one of the opinion comes down, he should expect to lose unanimously. >> that is what i want to talk about. the publicity stunt, joyce. to be clear, donald trump doesn't have to be in court for tomorrow's hearing. it's lawyers versus lawyers. so, does that tell us that he is these charges as a political win for him? >> you know, he probably is this whole situation as a fundraising opportunity. because let against our very rarely, particularly criminal defendants, are very rarely in appellate court. their presence is even less really, in fact, i can only think of monheim where it happened in 25 years, acknowledged by the three judge panel. these are arguments of the

People , Fact , Case , Question , Mark-meadows , 11th-circuit , Loser , Attention , Loser-argument , Joyce , Plug-felicity-stunt , 11

The 11th Hour With Stephanie Ruhle

to try to rig the election, to fundamentally ignore the outcome by communicating with members of state legislative offices, with members of congress, to change the results were to nullify millions of votes. no court has ever said anything of the sort. i agree with joyce. this is a loser argument. in fact, the 11th circuit has already said it's a loser in a separate case involving mark meadows that poses much the same question. so, he is going to make it a plug felicity stunt. he's attending so people attention. one of the opinion comes down, he should expect to lose unanimously. >> that is what i want to talk about. the publicity stunt, joyce. to be clear, donald trump doesn't have to be in court for tomorrow's hearing. it's lawyers versus lawyers. so, does that tell us that he is these charges as a political win for him? >> you know, he probably is this whole situation as a fundraising opportunity. because let against our very rarely, particularly criminal defendants, are very rarely in appellate court. their presence is even less really, in fact, i can only think of monheim where it happened in 25 years, acknowledged by the three judge panel. these are arguments of the legal rulings. they are technical. they don't get into the nitty-gritty of who the defendant's. it's not a situation where it will be introduced in open court. all

Fact , Appellate-court , Case , Election , Sort , Millions , Anything , Congress , Members , 11th-circuit , Loser , Loser-argument

Mark Meadows files appeal to move Georgia election case to federal court, filing shows

Meadows asks the U.S. district court for northern Georgia to stay the effect of its order remanding his case to state court pending his appeal to the 11th Circuit

Fulton-county , Georgia , United-states , White-house , District-of-columbia , Washington , Donald-trump , Mark-meadows , Joe-biden , Us-circuit-court , Then-white-house-chief , Staff-mark-meadows

All In With Chris Hayes

assaulted her. i don't think that her lawyers were convinced that that would happen when they knew that he was on a jury. and yet a group of attentive jurors from all over the new york area, not just manhattan, also found donald trump liable in that case. >> so clearly they're going to try to move on immunity. part of what the hearing was taken up with yesterday, the question of can you get a case thrown out an immunity is overlapping but not exactly co terminus with the question of, do you get removed? >> yes. that's exactly right. >> so his argument for removal is similar, which is that i was acting in my official capacity. >> as you and i were discussing before, it's a much lower buyer. in order to get removed you just have to show that the prosecution is for or relating to some act that you took under color of federal law. the standard for federal immunity, especially in the 11th circuit, the court of appearance appeals that's above the district court in georgia, is much more exacting, and i

Chesebro-case , Donald-trump , Lawyers , Jury , Group , New-york , Area , Jurors , Manhattan , Question , Hearing , Immunity

All In With Chris Hayes

in that case. >> so clearly they're going to try to move on immunity. part of what the hearing was taken up with yesterday, the question of can you get a case thrown out an immunity is overlapping but not exactly co terminus with the question of, do you get removed? >> yes. that's exactly right. >> so his argument for removal is similar, which is that i was acting in my official capacity. >> as you and i were discussing before, it's a much lower buyer. in order to get removed you just have to show that the prosecution is for or relating to some act that you took under color of federal law. the standard for federal immunity, especially in the 11th circuit, the court of appearance appeals that's above the district court in georgia, is much more exacting, and i read into from the brief that meadows people submit it. his contact has to have some nexus with furthering federal

Chesebro-case , Hearing , Immunity , Part , Question , Argument , On-removal , Yes , Co-terminus , Law , Inflation-reduction-act , Prosecution

Ayman

and evaluate the law. when he looks at the issues here, meadows we'll have to prove three things. that he is a public official, not and doubt, that his contract here was within the course of his official duties and that he has a colorable federal defense. that means not a solid meritorious defense. simply one that he can offer that's reasonable. he can likely prevail there to. so, hall eyes tomorrow will be on the evidence that helps to establish that the contact was or was with not within the course of official duties. the problem here is that the lot in the 11th circuit, really nationwide is a very pro-defendants. this proceeding is often used in the case of federal law enforcement officials who are charged by the stage for criminal conduct in connection with executing a warrant or making an arrest. you can see in that scenario why there would be a lean toward protecting defendants

The-killer , Things , Law , Duties , Official , Contract , Issues , Doubt , Three , Defense , Eyes , Colorable-federal-defense

Ayman

course of official duties. the problem here is that the lot in the 11th circuit, really nationwide is a very pro-defendants. this proceeding is often used in the case of federal law enforcement officials who are charged by the stage for criminal conduct in connection with executing a warrant or making an arrest. you can see in that scenario why there would be a lean toward protecting defendants and letting them assert federal defenses. that case law is not a very good fit in the situation with mark meadows. we will get some inkling tomorrow of whether the judges inclined to use the traditional course, or whether he might not look a little bit more lurk at whether mark meadows was executing the role of the presidents chief of staff, or whether he was doing more work that benefited the campaign. >> joyce, fani willis has lined up raffensperger and his chief investigator to testify. how has their testimony potentially provided evidence to the argument that this should stay in county or -- sorry, stay on the state level or the county level? >> willis will advance the argument that what meadows was doing was in furtherance of the campaign. the president doesn't play any role in counting the

Case , The-killer , Officials , Lot , Proceeding , Duties , Law , Conduct , Problem , Enforcement , Arrest , Stage

Alex Witt Reports

you know, we want to go to trial quickly. because we're not sure if the aid was gonna be ready. that was a gamble, it doesn't into a paid off. >> that's a point you're making. you said it's easier that the bar is low to get into federal court, but staying there is a challenge. why? >> yeah, because, you have to be able to show that the actions that you took, when you are a federal official, in the context that's being alleged the indictment, it's clearly criminal in nature. so, you have to be able to say that it was in colorable defenses. it was colorable acts that were taken under official role as you are working as a federal official. now, there is some case law in the 11th circuit, which controls what we're doing in georgia, alex. that says, you know what? you can get to federal court, but do you really have a plausible defense to stay in federal court. so, the judge could say, and i want to emphasize this, this is an evidentiary hearing. mark meadows may have taken a very bad gamble and risk by doing so. you have the burden, if your mark meadows, to prove i should be in federal court. he asked to present, and he has to present evidence on monday. fani willis has sent subpoenas

Federal-court , Point , Gamble , Bar , Challenge , Aid , Doesn-t , Off , Official , Actions , Context , Indictment

The Source With Kaitlan Collins

happen. what do you make of that argument if they do pursue it? >> well, remember, trump's ultimate strategy is always delay. and by moving to remove it, that throws another wrinkle into it. and if the removal is accepted and fani willis tries to get it remanded from the district court, my memory may be imperfect here, but i think that's an appealable order for both sides, which means you're stretching the time out going to the 11th circuit and maybe the supreme court just to decide the removal question. i think this is actually simpler than a lot of the discussion here. the president who is running for re-election is not just the president. he's also a political candidate. he has first amendment rights, like any other political candidate. but he doesn't have a first amendment right to commit a crime. none of what trump did here is part of his presidential duties, just like when al gore contested george w. bush in florida.

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