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Transcripts for MSNBC The Last Word With Lawrence ODonnell 20240604 03:42:00

spilling. it s not deal with with the criminal law at all. it s really important for people to understand what it means to be a crime. it means that you acted knowingly and willingly, and with intent. the crime here is knowingly and with intent, improperly retaining classified information. the evidence of that, as bradley talked about, is with respect to the former president. so far, but we have learned with respect to the documents, the president biden had when he was former president. it does not appear to be anything close to the anything like that. it just seems like the inadvertence of retention of documents upon discovery. it was exactly what you would want somebody to do, he handled it exactly the way you would, and not, as bradley said, doing everything you can to obstruct the return of those documents. neil castillo, instead of what trump supporters will want to call an example of everybody

Transcripts for MSNBC The Last Word With Lawrence ODonnell 20240604 06:42:00

retaining classified information. the evidence of that, as bradley talked about, is with respect to the former president. so far, but we have learned with respect to the documents, the president biden had when he was former president. it does not appear to be anything close to the anything like that. it just seems like the inadvertence of retention of documents upon discovery. it was exactly what you would want somebody to do, he handled it exactly the way you would, and not, as bradley said, doing everything you can to obstruct the return of those documents. neil castillo, instead of what trump supporters will want to call an example of everybody does it, it seems like this situation can be used to argue in contrast with the difference between the precisely proper way to handle a discovery like this, and the criminal way to handle a discovery like this. that s exactly right, lawrence, there s a way that this story could reaffirmed the need to prosecute donald trump, because they

Transcripts for MSNBC The Last Word With Lawrence ODonnell 20240604 03:41:00

while george howell has yet to issue a decision on the request to hold trump s team in contempt, prosecutors have now asked for the names of the investigators who carried out the searches. the times reports, quote, according to people familiar with the matter the trump lawyers offered to make the investigators available for questioning, but wanted their identities shielded by a protective order out, of concern that the government might leak the information to the news media, instead of agreeing to a protective order. one of the people said, prosecutors asked judge howell for a motion to compel the release of the investigators names. judge howell, granting that motion yesterday. heading off our discussion, andrew weissmann, former fbi general counsel, and former chief of the criminal division of the eastern district of new york. he is a professor practiced at nyu law school. also with us, neil castillo, acting u.s. surgeon general. both msnbc legal analysts. andrew weissmann, let me beg

Transcripts for MSNBC The Last Word With Lawrence ODonnell 20240604 03:26:00

majority? and today nelson, what were the highlight that you heard today? oh, there were many! one of them i ll choose, which is what justice kagan. ask what you put up on the screen before we started and is, what are the consequences? i think it s very easy to get caught up in the really lofty title of this theory that you mention the,, independent state legislator theory. but what s really at stake here is the power stripping from state courts. for decades, for 233 years, as neil castillo pointed out, we understood that state legislatures are checked by state courts. they have to operate within the bounds of the law and within the state constitutions in particular and state courts have been checked so that make sure that state legislators are not running amok, are not becoming lawless, political identities. and that rains and check the balance of power that we all

Transcripts for MSNBC The Last Word With Lawrence ODonnell 20240604 06:27:00

state courts. for decades, for 233 years, as neil castillo pointed out, we understood that state legislatures are checked by state courts. they have to operate within the bounds of the law and within the state constitutions in particular and state courts have been checked so that make sure that state legislators are not running amok, are not becoming lawless, political identities. and that rains and check the balance of power that we all expect to govern our elections. we know the constitution allows state legislatures to determine those times, place, and manner, but they can just do that with any check at all. and that s also what this theory would require. professor murray of, let us know what neil castile had to say about what he called, i believe he s phrase was the blast radius of this: the blast radius from their theory would soak elections chaos forcing the confusing to track system with one set of rules for federal elections and another first date ones. the blast radius f

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