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MSNBCW Alex July 2, 2024

implicitly and explicitly go at the stirrers and say it was never fair and he never had a chance, your lawyer chose them, spoke to them personally. this was not the judge. at the end of the day, you picked the jurors, you did not object, and we got the outcome that we have. thank you both, that is all in for this week. alex wagner tonight starts now. you are not going to have kokomo played well for the weekend? how good was that clip? i got to say, i was laughing. maybe that s what needs to happen. shout out to our beloved and arranged senior producer who watches that show every morning. listen, i would take the beach boys kokomo live at fox square, whatever that was, over tearing down the rule of law. bring the beach boys back. whatever you got to do. thank you, my friend, have a great weekend. so, it really happened. donald trump is been convicted on 34 felony counts in the state of new york. and there is been a lot of reaction to that news, including an ....

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MSNBC Alex Wagner Tonight June 4, 2024 01:09:00

Although that is largely true of anywhere he gets a trial. he is going to argue there is a novel application of this statute that has never been used before, although just because it is novel doesn t mean they can t do it. can we pause on that? i have asked other lawyers whether they think this is novel, and i get different responses. writing in politico today, if trump has a good path to appeal, it is based on the idea that state law is effectively nixing what federal law in this case. can you break that down? i don t think that s actually going to be the most effective pathway into federal court for him, and that is because if you take a step back and look what this case is, it is the mr. trump cause the falsification of business records with the intent to conceal a conspiracy to promote his election by unlawful means. it does not say that the unlawful means can t be a violation of federal law. there is nothing saying that it needs to be state law. there were three options that ....

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MSNBC Alex Wagner Tonight June 4, 2024 01:05:00

First department, which is composed of 21 justices. despite a picture that went viral today showing five of the justices who are all black women and suggesting that donald trump s fate would be in their hands, there is no reason to believe that specifically these five desk justices would be the ones to hear the appeal, or, by the way, that there would be anything wrong with it if they are chosen. again, the case is not likely to reach that court until sometime next year, and it could take that court until early 2026 to make its decision. so, what about speaker mike johnson s fever dream of the supreme court stepping in? well, let s say the appellate court decides to uphold trump s conviction. if trump loses that first appeal he can then appeal again to new york s highest court. in any other state that would be the state supreme court, but new york is weird. ....

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MSNBC Alex Wagner Tonight June 4, 2024 01:10:00

So that s eye exam? you did very well. and i have to say, i think that is exactly where this appeal is going to lie to get him into federal court. there is this concept of a writ of habeas corpus, and this is all going to start in the state appellate courts. for that reason, i don t think we will see the end to this in the state courts before the election. but he is going to try to get into federal court on this writ of habeas corpus that his federal constitutional rights were violated. and i think there is no new york state law that says that there has to be unanimity on the means by which he unlawfully promoted his election. but there is some federal law out there that says that where the facts are so complicated or the facts are so different there has to be a unanimity direction given to the jury. and if there isn t, that it could theoretically violate a defendant s sixth amendment rights under the united states constitution to a fair trial. i am not saying that is a meritorious a ....

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MSNBC Alex Wagner Tonight June 4, 2024 01:04:00

Witness michael cohen without exactly mentioning his name. by the way, this was a highly qualified lawyer. i m not allowed to use his name because of the gag order. but you know, he s a sleazebag. everybody knows that. so, all of that might suggest a stricter sentence. once trump is sentenced he can beneficially appeal his conviction. right after sentencing trump will have 30 days to file a notice of appeal, basically indicating to the court that he intends to keep fighting his conviction. then, depending on a sentence, trump will have anywhere from 4 to 6 months to actually appeal. all of this would potentially stretch past the election and towards the end of this year, possibly as late as december. then the prosecution will get time, usually several months to file its response to trump s appeal. once that happens the cases than in the hands of the new york appellate division s ....

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