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Transcripts for MSNBC The Last Word With Lawrence ODonnell 20240604 02:18:00

i would be you as, oh, i am agreeing to this, i will treat it as such about agreeing these things are classified. but yeah, in terms of how this is framed, this template order, this is rather typical of how the government would frame it out. a lot of this is boiler plate you. see the most cases, by and large if you look through the case law on civil cases, usually the government gets these protective orders, they rarely deny it in full, it s not like you have a classified case without supporters in place. there might be pushed back by the judge on certain parts of the periphery, and that is, find that is expected. that is acceptable. that is certainly the judge s role here. the one thing that i caught with that was interesting to see was that, and again, this happens a lot in sciba, but there is a distinction here between classified information but the defense lawyers can see, and some of it that only they can see, and the defendants, donald trump, all tina, cannot see. now that s not

Transcripts for MSNBC The Last Word With Lawrence ODonnell 20240604 02:19:00

seen that before, in cases involving zebra. but that is going to be an issue for donald trump, he certainly is gonna argue the stuff was declassified. and so what will be looking for tomorrow s, do his lawyers put forth some kind of argument on that? do they try to present some kind of evidence to push back on that. or they try to dance around it like they have been doing since last august? when i was reading what we consider the boiler plate of this, in trump world the border plate reads very strangely. you know? and any other case you would just go, sure, sure, sure. absolutely. i, mean here is an example. all classified documents and information to which the defense has access in this case or now and will remain the property of the united states. according to what donald trump says publicly, he does not believe that. andrew weizmann, that is a provision you would expect to see and any one of these. but this is a case where the defense and donald trump might

Transcripts for MSNBC The Last Word With Lawrence ODonnell 20240604 02:10:00

boiler plate, in the proposed order, is on page 14. quote, mishandling of classified information may constitute violations of federal criminal law. that is of course exactly why donald trump is a criminal defendant. in this case. and the proposed order imposes very strict limitations on the criminal defense lawyers in the case. saying that the defense lawyers, quote, shall not disclosed classified information to each other, to the defendants, other than materials marked provided to donald j trump in united states versus trump. or provided to walter grenada in minutes versus trump. the defense lawyers can be severely sanctioned for violating whatever order judge cannon decides to issue. the final item in jack smith s proposed order pertaining to classified material is going to

Transcripts for MSNBC The Last Word With Lawrence ODonnell 20240604 02:05:00

jack smith is here from skaters are asking for a trial date of december 11th. and today jack smith filed a new motion in the case, asking the judge to issue a protective order, pertaining to classified information and the case, jack smith submitted to the judge a draft of the protective order that the prosecutors would like the judge to issue, saying, and that order would say, the defense may not disclose or cause to be disclosed the connection with this case, any information known or reasonably believed to be classified information. some of the proposed protective order is boiler plate that would always appear in kelly cases like this. but tonight for the first time in history become a point of contention in this case. including the proposed definition of classified information. ossified information shall

Transcripts for MSNBC The Last Word With Lawrence ODonnell 20240604 05:06:00

order would say, the defense may not disclose or cause to be disclosed the connection with this case, any information known or reasonably believed to be classified information. some of the proposed protective order is boiler plate that would always appear in cases like this. but might for the first time in history become a point of contention in this case. including the proposed definition of classified information. classified information shall include any document recording or information that has been classified by any executive branch agency in the interest of national security. it is possible that donald trump s criminal defense lawyers will argue with that definition, suggesting that even though something has been classified, it might not still be classified because donald trump may have at some point personally declassified the

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