Legal Complexities and Strategic Choices in Prosecution

While this podcast’s name has changed, this week’s episode revolves around all things prosecuting Donald Trump. After a detailed review of Judge Juan Merchan’s reasoning and limitations for sentencing the president-elect after his New York criminal conviction, veteran prosecutors Andrew Weissmann and Mary McCord wind through the barrage of motions in Florida to block the release of both volumes of Special Counsel Jack Smith’s final report. After underscoring why Volume Two-- concerning the now dismissed classified documents case-- is still under wraps, they dig into the finer points of Volume One, released to the public at 1:00 a.m. Tuesday morning. This first volume lays out the facts and the law as it relates to Trump’s DC election interference case which has also been dismissed, though Smith writes, "but for Mr. Trump's election and imminent return to the Presidency, the Office assessed that the admissible evidence was sufficient to obtain and sustain a conviction at trial."

Further reading: Here is Volume One of Jack Smith’s final report.

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