I wanted to keep him on for the whole hour so im glad he is in yours. I know the feeling. I know that feeling very well. Have a good show. Thanks alex. Thank you. Well, breaking news tonight, Federal JudgeAileen Mercedes cannon was appointed by donald trump denied a motion to dismiss the Criminal Case. Alleging donald trump violated the Espionage Act by allegedly possessing classified documents after he left the presidency. Jack smith and donald trump were both in the front row of the courtroom today while judge cannon heard arguments from both sides on the trump motion to dismiss. Donald trump did not have to be there. But he was there in the front row. Dangling a Supreme Court nomination in front of his trial judge. Judge cannon knows that her future as a Trump Appointee depends on how she handles this case and what voters do on election day. So far, she is handling this case in any way she possibly could to please donald trump. If donald trump wins the presidency again, he would surely approach Clarence Thomas with an offer he couldnt refuse. Leave the Supreme Court. So donald trump can replace him with a younger conservative like judge cannon. And judge thomas gets a beautiful brand new custom built to his specifications motor home. The most expensive one in the world surely complete with vulgar gold plated trump style faucets and as much private travel as he could possibly want on Donald Trumps private planes and massive amounts of money from republican billionaires who will put Clarence Thomas on the boards. That offer as specific as that was floating right there in the air. That was floating there in the room between donald trump and judge cannon. Right there where anyone with an understanding of donald trump could see it. And so, when she wrote a two page order, a couple of hours after the hearing, denying Donald Trumps preposterous motion for dismissal, claiming that the law is too vague, she wrote her order in the most favorable possible terms to donald trump. She denied the motion without prejudice meaning donald trump is allowed and actually according to judge cannon, encouraged to bring up the same issue again later in the process. The judge did say that one of the points in the process were this motion could be revived is during Jury Selection saying that it could quote be raised as appropriate in connection with Jury Instruction Briefing and or other appropriate motions. Judge cannon did not rule on a second round for dismissal. Involving Donald Trumps claim. The government documents in Donald Trumps possession belonged to donald trump. They argue the president ial records act allows the president to designate as personal. Some documents in donald trump designated all of them. According to his lawyers. Judge cannon said im not seeing how any of that leads to a dismissal of the indictment. We have andrew weissman, former chief of the criminal division. And bradley moss is with us. National security attorney who represents people working in the intelligence community. And andrew, let me just go to your reading, the encouragement with which they bring up this issue again. This was the worst possible outcome for the government. Because if the judge had simply said. The government could have appealed it. That is something that this judge is trying to avoid at all costs. But, she also did not want to rule in favor of the government. So what she did is why dont you bring this up it here. She flagged that and there will be a lot of complications if she deals with this after a jury is sworn in this case. Because that is the key moment toward Double Jeopardy attaches. And their various legal consequences to that. So this is the worst possible decision for the government and by kicking it down the road and saying that i still may decide in Donald Trumps favor later, she has sort of avoided the 11th circuit, but not given the government what they clearly as you pointed out deserve because there is nothing vague about this statute. People are in jail. People are all over for violating this statute. Neil, your reading of what happened in the courtroom today and the ensuing judgment . I think andrew is basically right. There were definitely much Better Outcomes for the government. A Straight Loss that would allow them to take the appeal. On the other hand, judge cannon did basically suggest that this isnt vague or at least not vague enough at this moment in time. Now you know, thats a win for the government. But not a huge one. My fear is that this is going to be a win for jack smith in the same way as like the win will be once the Supreme Court decides the absolute immunity case. I think there is no chance the United StatesSupreme Court will side with trump on absolute immunity. But the court by having such a delayed schedule gave donald trump what he wants which is a very realistic possibility. He can delay the case past the election. That is basically what cannon has done here, too. Kicking the can down the road. Lawrence, she had a full day hearing about these two legal issues, thoroughly absurd. The only thing Donald Trumps arguments merit is an eye roll and a swift denial and not this kind of belabored one day hearing in the like. And every time she has these hearings, it delays the day of reckoning for donald trump which is all he wants because if he can stretch this past the election, he can order the Justice Department to drop this prosecution. And given the history of the Espionage Act and the use of it in Criminal Cases, has this ever been raised before that it is too vague to use in prosecution . Every single criminal defendant who has ever been prosecuted all brings the same motion that it is unconstitutional, it is too vague. It cant be applied like this. And they all fail. Judges over and over in multiple District Courts across the country have always rejected this argument. And what concerns me, and this is kind of following up on what andrew is saying, judge cannon is failing to meet the moment. This will be one of the most monumental cases she will handle. These cases are all tied up with donald trump. Where judges have had to put their name in a moment of history and say here is my saw on the law. Right or wrong. She keeps punting. Bobbing and weaving trying to push it off onto somebody else to make the tough choice. She is trying to push this off into being a jury issue. Making 12 ordinary americans try to evaluate things that lawyers far smarter than me argue over every single day. And stick it onto a jury. This is her job. She is going to have to rule on this as a matter of law or she will be putting way too much burden on the jury. It never occurred to anyone in a Confirmation Hearing to ask the question will you recuse yourself from Criminal Cases involving the president who appointed you because of course, it has never happened in history. But here we are. And here the country is watching this grotesquery. This judge in favor of the man who appointed her. The most glaring and poisonous Conflict Of Interest you could ask for in a federal courtroom because it also containing this dynamic of her judicial future if donald trump were somehow to win the Electoral College again which is obviously dangling in the air there and it is totally obscene. So i agree with you what she is doing and her behavior and the fact that she has been reversed twice not just for making minor errors but really significant errors and all the thing she has done consistently is one sided. Raises all of the things that you say. But i think there are sort of two victims here. One is the public which is entitled to a speedy and fair trial here. At which the defendant is accorded due process. But the other is something worth remembering. Which is there are judges appointed by donald trump who are really good judges who take their oaths seriously. There are judges appointed by republican president s who rule against republicans. There are judges appointed by democrats who rule against democrats. Why . Because they act on principle. And so, one of the things that she has done has made it extremely relevant to ask that question of who appointed you because it is hard to see any other explanation for the way she has behaved. Even trying to think of is it just inexperience . I think she has shown over and over again that is not a consistent explanation for how she is behaving and the way she is handling this case. Yeah. And we all, some of us remember, the most important Supreme Court case involving a president of the United States, nixon, ordering hum to turn over the tapes for which he needed a pardon after leaving the presidency so that he wouldnt be prosecuted. At least three of the judges were appointed by Richard Nixon and at the time no one had an issue with that. No ones faith was shaken in the possibility that judges appointed by nixon would be deciding nixons fate. But this point is another one. There was a concern the three nixon appointees. The privilege of working for Justice Steven briar, the year after he was nominated to the Supreme Court by bill clinton. We have the Paula Jones Case and he ruled against clinton on the Paula Jones Case despite all the pressure and the like. I remember when the Affordable Care act was being argued and chief Justice Roberts saved obama care handing a huge victory to barack obama right before the 2012 election. That is what judges do and by the way, lawrence, that is what the court of appeals did to judge cannon. It was three republican appointees who reversed judge cannon twice last year in stark language including a Trump Appointee. So this is the way the federal judiciary is supposed to operate. And my deep, deep hope is that that can still happen here. And this will be one of the rare moments. Everyone should record it. It should go to the museum of broadcasting. I will not correct neil on a Supreme Court matter. I will add a footnote to the reference to the justice. He recused himself from the nixon case so it was an 80 unanimous decision. But there was nothing that would indicate that if he hadnt recused himself he wouldnt have joined that majority. And bradley, that point of his recusal makes it, it kind of goes to making my point here about cannon and why why she absolute i have is someone who should have recused herself. And even recognizing her own lack of experience and ability to handle a case like that. You wonder how she will handle these motions pending that she is dragging her feet on. Leading up into the segment we were joking about various yiddish terms that refer to some of these things. I look at the motions donald trump has filed. It is nonsense. There is no possible realistic idea that this could ever be viable. But she gave it this full day hearing and we still dont have a ruling on it and that becomes the concern. Whether it is simply inexperience, bias or whether she is just not needing the moment, not addressing this in the matter which she should. And not putting meat on the bones for the ruling. Make a decision. Put your name on it and let the chips fall where they may. And the last word on this one is scmagegi which i dont know how to spell. And neil, when you said that point about ranquist, i wrote a little note to myself saying he recused and i wondered. I wasnt come paralegally sure. But our Executive Producer came into my ear and said he recused. And so we werent relying completely on my memory which is not better than joe bidens or anyone elses out there. That is how we got to that fact. That will never happen again. It is really just a footnote to what you said. Absolutely. And i appreciate the correction. Im preparing for a Supreme Court argument now so my head is a different place on nixon versus the United States from 1974. Right. Well, there was that great trial lawyer line about a lawyer, it is like being in a bathtub. They pull the plug after each case and forget everything they knew in the previous case so they can make room for the next one. Bradley moss, thank you very much for schmagegi. We invite you to add to our vocabularies. Andrew and neil will stay with us. Newly received evidence in the Criminal Case against donald trump for his Hush Money Payments to Stormy Daniels who prefer to be referred to as a porn star. Thats why i do it. She prefers porn star. That case could require a 30 day delay in the trial. Scheduled to start just 11 days from now. Thats next. Days from now. Thats next. Did you know, many moisturizers only hydrate your skin . For advanced science that visibly repairs signs of aging. Try Olay Regenerist microsculpting cream. It delivers 10 benefits in every jar for youngerlooking skin, visibly firming, lifting, and smoothing wrinkles. Olay regenerist penetrates the skins surface, to boost regeneration at the surface Cellular Level for continuous improvement. To visibly repair signs of aging, try Olay Regenerist. This has been medifacts for olay. Okay everyone, our mission is to provide complete, balanced nutrition for strength and energy. Yay woo hoo ensure, with 27 vitamins and minerals, nutrients for immune health. And ensure complete with 30 grams of protein. can neuriva support your brain health . Mary, janet, hey thinking eddie, no frasier, frank. Frank . fred how are you . fred. Fuel up to 7 brain health indicators, including your memory. Join the Neuriva Brain Health challenge. Okay yall we got ten orders coming in. Big orders starting a business is never easy, but starting it eight months pregnant. Thats a different story. I couldnt slow down. We were starting a business from the ground up. People were showing up left and right. And so did our Business Needs the chase ink card made it easy. When you go for Something Big like this, your kids see that. And they believe they can do the same. Earn unlimited 1. 5 cash back on every purchase with the chase ink business unlimited card. Make more of whats yours. This thing . Its whats going on inside of me. Its my moderate to severe ulcerative colitis. It wasnt always this calm uc went everywhere i did. Wondering when it would pop up next was stressful doing a number on my insides. But then i found out about velsipity a new oncedaily pill, not a steroid or biologic, for adults with moderate to severe uc. Velsipity can help calm the chaos of uc it quickly treats flares providing a chance for lasting steroidfree remission. Dont take velsipity if youve had a heart attack, chest pain, stroke or ministroke, Heart Failure in the last 6 months, irregular or abnormal heartbeat. Velsipity may cause serious side effects including infections that can be fatal, slow heart rate, liver problems, increased blood pressure, macular edema, certain types of skin cancer, swelling and narrowing of the brains Blood Vessels or shortness of breath. Tell your doctor if you are pregnant or plan to be. If conventional therapy like 5asas or steroids arent working for you, ask your gastroenterologist about velsipity. Velsipity. Help calm the chaos of uc. How did i ever miss this . Before you were preventing migraine with qulipta . Youll never truly forget migraine, but zeromigraine days are possible. Dont take if allergic to qulipta. Most common side effects are nausea, constipation and sleepiness. Qulipta. The forgetyougetmigraine medicine. Business. Qulipta. Its not a ninetofive proposition. Its all day and into the night. Its all the things that keep this world turning. The gotos that keep us going. The places we cheer. And check in. They all choose the advanced Network Solutions and round the Clock Partnership from Comcast Business. See why Comcast Business powers more Small Businesses than anyone else. Get started for 49. 99 a month plus ask how to get up to an 800 prepaid card. Dont wait call today. Today, Manhattan District Attorney alvin bragg suggested a 30day delay in the start of the criminal trial of donald trump for Business Fraud in Donald TrumpsHush Money Payments to porn star Stormy Daniels. The District Atto