'Threatening the president is a crime': Weissmann on why Trump may have violated his bail conditions

MSNBC
31 Mar 202408:55

Summary

TLDRThe transcript discusses the challenges facing the court system and the potential implications of former President Donald Trump's actions on social media, particularly his posts about judges and their families. The conversation highlights the importance of judges and prosecutors speaking out against attacks on the judiciary and the rule of law. It also touches on the issue of gag orders and the need for stronger measures to protect judicial integrity and the participants of trials, considering the intimidation tactics that could influence the legal process.

Takeaways

  • 🚚 The court system is facing challenges in functioning efficiently, leading to a sense of tyranny.
  • 💡 Donald Trump's recent social media posts about the judge's daughter are seen as a potential strategy to influence the judicial process.
  • 🀔 There is debate over whether these posts could provide grounds for recusal, but it is generally believed that they do not meet the criteria.
  • 📢 The discussion highlights the importance of judges and prosecutors speaking out against attacks on the judiciary and the rule of law.
  • 📝 The Manhattan DA has requested clarification on the gag order, specifically whether it applies to the judge's family members.
  • 🚫 The gag order may not explicitly cover the judge or their family, but there are broader legal considerations at play.
  • 🏛 The principle that while on bail, one must not commit a crime is a standard condition across various jurisdictions.
  • 🎯 The potential threat posed by Trump's actions towards the president and judges is a legal and factual question that needs to be addressed.
  • 🛡 The judge has the authority to tighten the gag order to protect not just the court but also the jury and witnesses.
  • 🔍 The situation calls for unprecedented measures to protect the identities of jurors and maintain the integrity of the judicial process.

Q & A

  • What is the main issue discussed in the transcript?

    -The main issue discussed is the concern over the efficiency and fairness of the court system, particularly in relation to former President Donald Trump's actions towards judges and their families, and the potential impact on the rule of law.

  • What is the significance of Trump's social media post about the judges daughter?

    -The significance is that it raises questions about whether Trump is attempting to intimidate the judge or create a basis for recusal, which could undermine the judicial process.

Outlines

00:00

📢 Media and Legal Analysis on Trump's Social Media Posts

The first paragraph discusses the legal and media analysis on former President Donald Trump's recent social media activities, particularly his posts about the daughter of a judge involved in his upcoming criminal trial. The conversation involves a former FBI general counsel and legal analyst who co-hosts a podcast, who suggests that Trump's actions are an attempt to intimidate the judiciary and undermine the rule of law. The discussion also touches on the broader context of attacks on the media and the Department of Justice, and the importance of judges and prosecutors speaking out against such actions. The legal expert argues that Trump's posts could potentially be seen as violating the conditions of his bail, which prohibits engaging in criminal activity while out on bail.

05:00

🚚 Concerns Over Gag Order and Intimidation of Judicial System

The second paragraph delves into the implications of the gag order in the context of Trump's social media behavior and the potential impact on the judicial process. The discussion highlights the importance of protecting not only the judge and their family but also witnesses and prospective jurors from intimidation. The conversation suggests that Trump's actions could deter potential jurors from participating in the trial due to fear of retribution. The legal expert emphasizes the need for judges and prosecutors to take proactive measures to safeguard the integrity of the legal system against attacks from the former president. The paragraph also touches on the unprecedented measures taken to protect the identities of jurors in other high-profile cases and questions whether Trump has crossed the line of plausible deniability with his repeated pattern of vilifying individuals and inciting supporters to attack targets.

Mindmap

Keywords

💡Viable Court System

A viable court system refers to one that is capable of functioning effectively and efficiently to ensure justice. In the context of the video, the speaker implies that the current court system is not adequately equipped to handle the challenges it faces, such as tyranny or undue influence. This is a central theme in the discussion, as it sets the stage for the critique of the judicial system's ability to uphold the rule of law.

💡FBI

The Federal Bureau of Investigation (FBI) is a government agency responsible for conducting intelligence and law enforcement activities to protect national security and enforce federal laws. In the video, a former general counsel at the FBI is mentioned, highlighting the involvement of legal experts and law enforcement authorities in the discussion of the judicial system and the rule of law.

💡Social Media

Social media refers to websites and applications that enable users to create and share content or participate in social networking. In the video, the misuse of social media platforms by a political figure is discussed, emphasizing the potential for it to be used as a tool for intimidation or to influence public opinion, particularly in the context of legal proceedings.

💡Recusal

Recusal is the act of a judge or other official withdrawing from a legal case due to a conflict of interest or the appearance of bias. In the video, the possibility of a judge being pressured into recusal is discussed, which relates to the integrity of the judicial process and the attempts to undermine it.

💡Rule of Law

The rule of law is a principle of governance in which the rule of law is the primary source of authority, as opposed to the rule of man, where authority derives from the will of an individual leader. It is a foundational element of a just society, ensuring that all individuals and institutions are held accountable to the law. In the video, the erosion of the rule of law is a significant concern, with discussions centering around the protection of this principle from undue influence and attacks.

💡Prosecutors

Prosecutors are legal representatives who bring cases against individuals or organizations accused of committing crimes. They are responsible for presenting evidence and arguing the case in court. In the video, the role of prosecutors in upholding the law and responding to unusual circumstances is highlighted, indicating their importance in the legal system and the challenges they face in the current context.

💡Gag Order

A gag order is a legal order issued by a court prohibiting public comment on a case from parties directly involved in the legal proceedings. It is intended to ensure a fair trial by preventing prejudicial information from being disseminated. In the video, the discussion around a gag order pertains to its scope and effectiveness, particularly in preventing actions that could intimidate or influence court proceedings.

💡Bail Conditions

Bail conditions are the rules and restrictions set by the court for a defendant who is released from custody before their trial. These conditions are meant to ensure the defendant's appearance in court and maintain public safety. In the video, the discussion around bail conditions addresses whether certain actions, such as those taken by a public figure, could constitute a violation of these conditions.

💡Intimidation

Intimidation is the act of instilling fear or apprehension in someone, often to manipulate or control their actions. In the context of the video, intimidation is a significant concern, particularly in relation to the impact it can have on the judicial process, witnesses, and jurors. The discussion highlights the potential for public figures to use their influence to create an environment of fear that could undermine the integrity of legal proceedings.

💡First Amendment Rights

The First Amendment to the United States Constitution protects the freedom of speech, religion, the press, assembly, and the right to petition the government. In the video, the mention of the First Amendment Rights is in the context of a discussion about the balance between exercising these rights and the potential for causing harm or influencing legal processes.

💡Plausible Deniability

Plausible deniability is a situation in which someone creates a belief or impression that they were not involved in a particular action or decision, often to avoid responsibility or accountability. In the video, the concept is discussed in relation to a leader's actions and the potential for those actions to incite others while maintaining an appearance of innocence.

Highlights

The discussion revolves around the efficiency and functionality of the court system and the concept of tyranny.

The guest is a former General Counsel at the FBI and a legal analyst, as well as the co-host of the MSNBC podcast 'Rescued in Donald Trump'.

Trump's recent social media activity, specifically posting about the judges and their family members, is highlighted.

The possibility of Trump's actions being a strategy to create grounds for recusal of the judge is discussed.

The panelist believes there is no basis for recusal and that Trump cannot manipulate the judge into recusal.

The importance of judges speaking out against attacks on the judiciary is emphasized.

Attacks on the media, the Department of Justice, and the judicial system by Trump are linked to his attempts to evade accountability.

Prosecutors and the Attorney General are encouraged to speak out about the unusual circumstances and threats to the rule

Transcripts

00:00

WE DO NOT HAVE A VIABLE COURT

00:03

SYSTEM THAT IS ABLE TO FUNCTION

00:06

EFFICIENTLY WE HAVE TYRANNY.

00:10

>> JOINT IS A FORMER GENERAL

00:13

COUNSEL AT THE FBI AND A LEGAL

00:15

ANALYST.

00:16

THE COHOST OF THE TERRIFIC

00:17

MSNBC PODCAST RESCUED IN DONALD

00:17

TRUMP.

00:18

JUST LAST NIGHT TRUMP POSTED

00:23

ONCE AGAIN ON SOCIAL MEDIA

00:26

ABOUT THE JUDGES DAUGHTER.

00:27

POSTING THIS TIME A LINK TO AN

00:29

ARTICLE THAT PROMINENTLY

00:31

FEATURED A PHOTO OF HER.

00:33

THERE ARE NO COINCIDENCES.

00:34

HE IS ON THE EVE OF HIS FIRST

00:36

CRIMINAL TRIAL.

00:37

DO YOU THINK HE IS TRYING TO

00:40

GET HIM INTO DOING SOMETHING

00:42

THAT HE COULD USE AS AMMUNITION

00:45

FOR RECUSAL?

00:46

>> I DO NOT THINK THERE IS ANY

00:49

BASIS ON THE RECUSAL FRONT.

00:50

YOU DO NOT GET TO GO TO

00:52

SOMEBODY INTO RECUSAL. YOU COULD INTO REQUIRING THAT

00:54

YOU COULD INTO REQUIRING THAT

00:57

YOU HAVE TIGHTER RESTRICTIONS

01:00

UP TO AND INCLUDING BE REMANDED

01:03

TO GO TO JAIL, BUT I DO NOT

01:06

THINK THAT HE WOULD BE ABLE TO

01:09

CLAIM LATER THAT THERE SHOULD

01:11

BE A RECUSAL BECAUSE THE JUDGE

01:14

RESPONDED TO THE LITANY OF THINGS THAT YOU JUST SAID.

01:15

THINGS THAT YOU JUST SAID.

01:18

I ACTUALLY THINK IT IS ABOUT

01:25

TIME THAT YOU HAVE JUDGES

01:27

SPEAKING OUT.

01:28

AS YOU KNOW, I THINK THE WAY TO

01:30

LOOK AT THIS IS YOU SEE THE

01:32

ATTACKS ON THE MEDIA AND THE

01:33

DEPARTMENT OF JUSTICE.

01:34

YOU NOW OF COURSE SEE ATTACKS

01:39

ON THE JUDICIAL SYSTEM BECAUSE

01:41

THAT IS WHAT IS HOLDING DONALD

01:43

TRUMP AND BEGINNING TO HOLD HIM

01:44

TO ACCOUNT CIVILLY AND

01:45

CRIMINALLY, SO OF COURSE HE IS

01:46

LASHING OUT IN THE SAME WAY HE

01:48

HAS AGAINST ALL OF THOSE OTHER

01:53

FORCES WHETHER IT IS THE MEDIA

01:55

OR NO JUDGES, AND I THINK THEY

01:57

HAVE EVERY RIGHT TO SPEAK OUT.

01:59

I THINK PROSECUTORS ACTUALLY UP

01:59

TO INCLUDING ATTORNEY GENERAL

02:00

GARLAND SHOULD BE SPEAKING OUT

02:01

ABOUT THIS.

02:03

I DO NOT THINK THIS IS NORMAL

02:06

TIMES WERE YOU SAY I WILL JUST

02:08

SPEAK IN COURT.

02:09

I THINK IT'S IMPORTANT NOT TO

02:15

HAVE UNILATERAL DISARMAMENT AND

02:17

FOR THEM TO UNDERSTAND WHAT IS

02:19

GOING ON AND JUST HOW UNUSUAL

02:20

THIS IS.

02:21

WE BOTH KNOW TO HAVE A FEDERAL

02:22

JUDGE ARE GOING ON THE AIRWAYS

02:24

IS A SIGNAL OF JUST HOW SEVERE

02:26

THIS THREAD IS TO THE RULE OF LAW.

02:28

LAW.

02:29

>> THE MANHATTAN DA HAS ASKED

02:39

IN A PROMOTION LETTER FOR THE

02:43

JUDGE TO CLARIFY OR CONFIRM

02:45

THAT THE GAG ORDER APPLIES TO

02:46

FILM THE MEMBERS OF THE COURT.

02:48

THE TRUMP TEAM HAS RESPONDED

02:48

WITH AN OBJECTION TO ANY

02:49

EXPANSION.

02:50

EXPLAINED FOR THE VIEWERS WITH

02:51

THE DA IS ASKING FOR HERE.

02:52

THERE IS SOME SPECIFICITY IN

02:54

THAT GAG ORDER THAT WAS ENTERED

02:55

THURSDAY, BUT DO YOU THINK IS

02:56

THE LANGUAGE IS CURRENTLY

02:57

INCLUDED IN THIS ORDER THAT IT

02:58

WOULD NECESSARILY INCLUDE

02:59

SOMEBODY LIKE THE JUDGES FAMILY

03:00

MEMBERS?

03:01

>> I THINK THERE ARE TWO

03:06

ISSUES FOR WEATHER DONALD TRUMP

03:08

HAS SANCTIONS THAT COULD BE

03:11

IMPOSED RIGHT NOW.

03:13

ONE ISSUE IS WHETHER HIS

03:15

CONFLICT IS COVERED BY THE

03:19

CONDITIONS SENT BY HIM AND HIS

03:22

SO-CALLED GAG ORDER.

03:23

I THINK THERE IS NO QUESTION

03:28

THAT IT'S NOT BROAD ENOUGH TO

03:30

COVER THE JUDGE OR THE JUDGES

03:31

FAMILY.

03:32

IT SIMPLY WAS NOT PUT IN THE

03:36

GAG ORDER THAT THE JUDGE ENTERED, SO YOU CANNOT FIND A

03:38

ENTERED, SO YOU CANNOT FIND A

03:41

VIOLATION OF SOMETHING THAT IS

03:46

NOT COVERED, BUT THAT IS NOT

03:49

THE ONLY POSSIBLE GROUND FOR

03:51

FINDING THAT HE HAS VIOLATED

03:52

SOMETHING HERE, AND THAT IS

03:53

THAT A STANDARD CONDITION OF

03:54

BEING OUT ON BAIL APPLIES IN

03:55

NEW YORK AND IN THE D.C.

03:57

FEDERAL CASE IN THE GEORGIA

04:03

STATE CASE.

04:04

THAT YOU NOT COMMIT A CRIME

04:06

WHILE YOU ARE OUT ON BAIL.

04:08

YOU KNOW THIS VERY WELL.

04:09

IT IS IN FACT I REMEMBER THE

04:10

D.C. CASE BEING ON AIR WHEN THE

04:11

MAGISTRATE JUDGE WARNED HIM

04:12

THAT THE MOST IMPORTANT

04:15

CONDITION FOR HIM WAS THAT HE

04:18

NOT COMMIT A CRIME. THREATENING THE PRESIDENT OF

04:19

THREATENING THE PRESIDENT OF

04:20

THE UNITED STATES IS A CRIME,

04:25

SO THE QUESTION WOULD BE THE

04:28

LEGAL AND FACTUAL QUESTION

04:29

WHETHER WHAT HE HAS ENGAGED IN

04:31

WITH RESPECT TO POSTING THE

04:34

IMAGE OF JOE BIDEN BOUND AND

04:36

GAGGED WITH WHAT APPEARS TO BE

04:40

A BULLET HOLE IN HIS HEAD

04:42

CONSTITUTES THAT KIND OF

04:43

THREAT.

04:43

THE SAME THING COULD BE TRUE

04:45

UNDER NEW YORK LAW WITH RESPECT

04:49

TO JUDGES OR FAMILY MEMBERS AND

04:52

PERSONNEL.

04:52

SORT OF AN INDEPENDENT GROUND.

04:54

THE ONE THING THAT IS CLEAR IS

04:56

THAT HE HAS EVERY RIGHT TO

04:59

BRING THE DONALD TRUMP INTO

05:00

HOLD A HEARING ON WHAT HIS

05:04

INTENT WAS BECAUSE THROUGH HIS

05:06

ACTIONS AND OBVIOUSLY TO TIGHTEN UP DRAMATICALLY THAT

05:09

TIGHTEN UP DRAMATICALLY THAT

05:10

GAG ORDERS SO THAT THERE IS NO

05:15

THREAT NOT JUST TO THE JUDGE

05:18

AND HIS FAMILY MEMBERS, BUT

05:19

REMEMBER THIS AS A SPILLOVER

05:22

EFFECT OF A JURY AND ALSO FOR

05:25

WITNESSES AND PROSPECTIVE

05:25

JURORS.

05:26

THEY ARE LOOKING AT WHAT IS

05:27

GOING ON.

05:28

JUST ASK IF YOU ARE A POTENTIAL

05:31

JUROR ARE YOU GOING TO SAY I

05:32

WANT TO BE ON THIS TRIAL WHEN

05:34

MY NAME WOULD BE KNOWN BY DONALD TRUMP AND HIS

05:36

DONALD TRUMP AND HIS

05:38

CONFEDERATES? ARE YOU GOING TO

05:44

FEEL THREATENED AND INTIMIDATED

05:46

BY HAVING TO TAKE THE STAND AND

05:48

TELLING THE TRUTH?

05:49

THIS IS ALL A REASON I AM

05:53

CONFIDENT THE JUDGE IS THINKING

05:55

ABOUT THIS NOT JUST IN TERMS OF

05:57

HIS SELF AND FAMILY BUT ABOUT

05:58

PROTECTING THE RULE OF LAW.

05:59

EXACTLY THE CLIP THAT YOU

06:00

PLAYED IT IS WHAT IS GOING TO

06:02

BE ANIMATED JUDGES AND

06:03

PROSECUTORS TO TAKE STEPS TO

06:05

MAKE SURE THAT OUR SYSTEM OF

06:08

LAW IS SAFE WITH RESPECT TO THE

06:10

FORMER PRESIDENT OF THE UNITED

06:13

STATES WHO IS ATTACKING THE VERY FOUNDATION OF THE RULE OF

06:15

VERY FOUNDATION OF THE RULE OF

06:20

LAW.

06:23

>> WE HAVE HAD UNPRECEDENTED

06:26

MEASURES TAKEN TO PROTECT THEIR

06:28

IDENTITIES AND SOME OF HIS

06:29

CASES.

06:30

THE LEVEL OF AN AMENITY BETWEEN JURORS THEMSELVES WHEN THEY ARE

06:32

JURORS THEMSELVES WHEN THEY ARE

06:34

BEING TOLD AND EVEN CIVIL CASES

06:39

THEY WERE NOT EVEN SUPPOSED TO

06:42

TELL EACH OTHER WHAT THEIR TRUE

06:43

NAMES WERE.

06:44

ONLY SUPPOSED TO GO BY NUMBERS.

06:45

I WANT TO ASK BEFORE WE TAKE A

06:47

QUICK BREAK ABOUT THIS.

06:47

I POSTED THIS ON MY SOCIAL

06:49

MEDIA. WHEREBY A LEADER VILIFIES A

06:50

WHEREBY A LEADER VILIFIES A

06:53

PERSON OR THEM LIKELY TO

06:59

INSTIGATE RANDOM SUPPORTERS TO

07:01

ATTACK THOSE TARGETS WHILE THE

07:03

INSTIGATOR MAINTAINS A VENEER

07:04

OF PLAUSIBLE DENIABILITY.

07:04

NOBODY HAS TO READ BETWEEN THE

07:05

LINES.

07:06

I THINK EVERYBODY CLEARLY KNOWS

07:07

WHO I AM TALKING ABOUT, BUT

07:08

DON'T YOU THINK TRUMP HAS

07:10

CROSSED THAT LINE OF PLAUSIBLE

07:10

DENIABILITY?

07:11

THE IDEA OF I AM REPOSTING

07:12

THINGS OR I'M JUST PUTTING

07:13

SOMETHING UP IN MY POLITICAL

07:14

FREE SPEECH OR PURSUIT AND

07:15

PROTECTION OF MY FIRST

07:21

AMENDMENT RIGHTS.

07:22

>> I COULD NOT AGREE MORE.

07:24

JUST REMEMBER THAT MIGHT HAVE

07:25

BEEN PLAUSIBLE THE FIRST TIME

07:26

OR THE SECOND TIME HE DID THIS.

07:28

WHEN YOU SEE THAT YOU HAVE THIS

07:32

REPEATED CALL AND RESPONSE

07:34

AFFECT HE CANNOT KEEP SAYING I

07:37

JUST CALLED AND I WAS SHOCKED.

07:38

THAT IS EVERYTHING ABOUT WHAT

07:39

HE IS CHARGED WITH IN

07:41

CONNECTION WITH THIS CASE.

07:43

THERE IS MUCH MORE THAN THAT

07:45

LEADING UP TO IT, BUT THOSE EVENTS WERE THE QUINTESSENTIAL

07:48

EVENTS WERE THE QUINTESSENTIAL

07:50

CALL AND RESPONSE CHARGE HERE

07:55

WHERE HE KNOWS DARN WELL HOW

07:58

PEOPLE ARE GOING TO RESPOND.

07:59

THAT IS WHY YOU CAN VERY MUCH

08:01

HAVE A HEARING WHERE THE JUDGE

08:03

CAN BRING THE PARTIES IN AND

08:04

BASICALLY HAVE THE FORMER

08:06

PRESIDENT TESTIFIED ABOUT WHAT

08:07

HAPPENED AND WHAT HE WAS

08:12

THINKING. IF HE DOES NOT WANT

08:14

TO TESTIFY THAT IS FINE, BUT

08:16

THEN HE CAN TAKE THE FACTS AS

08:22

SENT OUT BY THE GOVERNMENT.

08:24

GOING TO BE CROSS-EXAMINED BY

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