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Transcripts For MSNBCW Alex 20240705

trump onsie and just have it on hand rapid response every time ron desantis says something to differentiate himself from donald trump. yes, they ve been playing that a lot, but i say gif. the differences go on. thank you,nc my friend. and thanks to you at home for joining us this evening. it was november 12, 2020, and there was a lot going on at the time. it had been less than a week since the networks called the 2020 presidential election for joesi biden. donald trump was just beginning his campaign to deny that result and try and overturn it. just a few days prior trump s lawyer, rudy giuliani, gave his infamous four seasons landscaping press conference to contest thela election results. we all remember that. trump had decided to deny president-elect biden to the classified presidential daily briefing as was the custom in presidential transitions, which in t retrospect seems a bit ironic. just one day later senator lindsey graham would make a phone callou to brad raffen

Transcripts for MSNBC Alex Wagner Tonight 20240604 08:06:00

despite all of this she was confirmed on november 12, 2020, and her short time on the bench has not added much in the way of experience. according to the times just four criminal cases that have come before her as a judge have ever gone to trial, and all of them were routine cases like a felon who was charged with illegally possessing a gun. those four cases amount to just 14 days of trial experience in total. you have probably heard by now canon is the judge who s been randomly selected to oversee the doj s indictment of the former president, and so far there s been a lot of focus on any perceived bias to the president whoas appointed her. she s a lifelong conservative and member of the federalist society, and of course during the early stages of this investigation judge canon made a consequentialma ruling against u investigators and in favor of trump andve his defense team th prohibited the government from reviewing any of the documents

Transcripts for MSNBC Alex Wagner Tonight 20240604 08:13:00

judgept howell in the district columbia ruled the crime fraud exceptioned applied and she cou pierce the attorney-client privilege and allow evan corcoranal to testify at the grd jury. i think there s an argument to be made that the law of case is that is crime fraud and every judge who handles this case should accept that ruling.ep but i imagine an argument could be made now we re talking about admissibility at trial which is different from theil admissibilt of the grand jury. t so i imagine trump and his lawyers will file that motion and try to get judge canon to get a different ruling on that to exclude that evidence. i imagine they lllu also try to suppress the evidence obtained in thede search. they ll probably makehe an argument for selective prosecution and that the case should be dismissed on that d basis. there are rumors they re going to file a motion to dismiss on the basisdi of prosecutorial misconduct. so i think there will be lots ow motions and most of them i think will

Transcripts for MSNBC Alex Wagner Tonight 20240604 08:07:00

obtained in its court authorized search of mar-a-lago and essentially delayed the investigation for three months before it was overturned by the very conservative 11th circuit court of appeals. so a lot c of folks here have bn concerned about bias, but looking at this reporting from the new york times the articles on tomato based cancer cures, the fact she s been on the bench for just two years and overseen just four trials in her lifetime, not one of them having to do with national security matters, perhaps that is the stuff we should be focused on as this judge oversees one of the most consequential, complex criminal cases in american history. joining me now are neil katyal, and barbara mcquade. bothrb are msnbc legal analysts. barb, let me just first talk to you about judge canon s cv and whether or not i found it

Transcripts for MSNBC Alex Wagner Tonight 20240604 08:18:00

it s got evidence, 31 counts of espionage act violations as well as six other counts against donald trump. and so i think they re going full speed on that one. i don t know about this back pocket new jersey. maybe it does, maybe it doesn t exist. i think people are rightfully concerned about canon in part because her inexperience. she s young, but whenever you get ag, judge there s always a risk they ve not dealt with this case before. many judges are only civil lawyers, but i think the thing that has people most spooked is her ruling in the search warrant matter. the ruling was really lawless. i don t know if that was a lack of experience that we were seeing or if she was simply swayed byhe the right-wing talkg points, but she completely ignored the legally standard to impose one of her own. so i think that is what causes people to be worried that she might be biased in favor of donald trump. but they havese appellate remeds

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