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

WE DO NOT HAVE A VIABLE COURT

SYSTEM THAT IS ABLE TO FUNCTION

EFFICIENTLY WE HAVE TYRANNY.

>> JOINT IS A FORMER GENERAL

COUNSEL AT THE FBI AND A LEGAL

ANALYST.

THE COHOST OF THE TERRIFIC

MSNBC PODCAST RESCUED IN DONALD

TRUMP.

JUST LAST NIGHT TRUMP POSTED

ONCE AGAIN ON SOCIAL MEDIA

ABOUT THE JUDGES DAUGHTER.

POSTING THIS TIME A LINK TO AN

ARTICLE THAT PROMINENTLY

FEATURED A PHOTO OF HER.

THERE ARE NO COINCIDENCES.

HE IS ON THE EVE OF HIS FIRST

CRIMINAL TRIAL.

DO YOU THINK HE IS TRYING TO

GET HIM INTO DOING SOMETHING

THAT HE COULD USE AS AMMUNITION

FOR RECUSAL?

>> I DO NOT THINK THERE IS ANY

BASIS ON THE RECUSAL FRONT.

YOU DO NOT GET TO GO TO

SOMEBODY INTO RECUSAL. YOU COULD INTO REQUIRING THAT

YOU COULD INTO REQUIRING THAT

YOU HAVE TIGHTER RESTRICTIONS

UP TO AND INCLUDING BE REMANDED

TO GO TO JAIL, BUT I DO NOT

THINK THAT HE WOULD BE ABLE TO

CLAIM LATER THAT THERE SHOULD

BE A RECUSAL BECAUSE THE JUDGE

RESPONDED TO THE LITANY OF THINGS THAT YOU JUST SAID.

THINGS THAT YOU JUST SAID.

I ACTUALLY THINK IT IS ABOUT

TIME THAT YOU HAVE JUDGES

SPEAKING OUT.

AS YOU KNOW, I THINK THE WAY TO

LOOK AT THIS IS YOU SEE THE

ATTACKS ON THE MEDIA AND THE

DEPARTMENT OF JUSTICE.

YOU NOW OF COURSE SEE ATTACKS

ON THE JUDICIAL SYSTEM BECAUSE

THAT IS WHAT IS HOLDING DONALD

TRUMP AND BEGINNING TO HOLD HIM

TO ACCOUNT CIVILLY AND

CRIMINALLY, SO OF COURSE HE IS

LASHING OUT IN THE SAME WAY HE

HAS AGAINST ALL OF THOSE OTHER

FORCES WHETHER IT IS THE MEDIA

OR NO JUDGES, AND I THINK THEY

HAVE EVERY RIGHT TO SPEAK OUT.

I THINK PROSECUTORS ACTUALLY UP

TO INCLUDING ATTORNEY GENERAL

GARLAND SHOULD BE SPEAKING OUT

ABOUT THIS.

I DO NOT THINK THIS IS NORMAL

TIMES WERE YOU SAY I WILL JUST

SPEAK IN COURT.

I THINK IT'S IMPORTANT NOT TO

HAVE UNILATERAL DISARMAMENT AND

FOR THEM TO UNDERSTAND WHAT IS

GOING ON AND JUST HOW UNUSUAL

THIS IS.

WE BOTH KNOW TO HAVE A FEDERAL

JUDGE ARE GOING ON THE AIRWAYS

IS A SIGNAL OF JUST HOW SEVERE

THIS THREAD IS TO THE RULE OF LAW.

LAW.

>> THE MANHATTAN DA HAS ASKED

IN A PROMOTION LETTER FOR THE

JUDGE TO CLARIFY OR CONFIRM

THAT THE GAG ORDER APPLIES TO

FILM THE MEMBERS OF THE COURT.

THE TRUMP TEAM HAS RESPONDED

WITH AN OBJECTION TO ANY

EXPANSION.

EXPLAINED FOR THE VIEWERS WITH

THE DA IS ASKING FOR HERE.

THERE IS SOME SPECIFICITY IN

THAT GAG ORDER THAT WAS ENTERED

THURSDAY, BUT DO YOU THINK IS

THE LANGUAGE IS CURRENTLY

INCLUDED IN THIS ORDER THAT IT

WOULD NECESSARILY INCLUDE

SOMEBODY LIKE THE JUDGES FAMILY

MEMBERS?

>> I THINK THERE ARE TWO

ISSUES FOR WEATHER DONALD TRUMP

HAS SANCTIONS THAT COULD BE

IMPOSED RIGHT NOW.

ONE ISSUE IS WHETHER HIS

CONFLICT IS COVERED BY THE

CONDITIONS SENT BY HIM AND HIS

SO-CALLED GAG ORDER.

I THINK THERE IS NO QUESTION

THAT IT'S NOT BROAD ENOUGH TO

COVER THE JUDGE OR THE JUDGES

FAMILY.

IT SIMPLY WAS NOT PUT IN THE

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

ENTERED, SO YOU CANNOT FIND A

VIOLATION OF SOMETHING THAT IS

NOT COVERED, BUT THAT IS NOT

THE ONLY POSSIBLE GROUND FOR

FINDING THAT HE HAS VIOLATED

SOMETHING HERE, AND THAT IS

THAT A STANDARD CONDITION OF

BEING OUT ON BAIL APPLIES IN

NEW YORK AND IN THE D.C.

FEDERAL CASE IN THE GEORGIA

STATE CASE.

THAT YOU NOT COMMIT A CRIME

WHILE YOU ARE OUT ON BAIL.

YOU KNOW THIS VERY WELL.

IT IS IN FACT I REMEMBER THE

D.C. CASE BEING ON AIR WHEN THE

MAGISTRATE JUDGE WARNED HIM

THAT THE MOST IMPORTANT

CONDITION FOR HIM WAS THAT HE

NOT COMMIT A CRIME. THREATENING THE PRESIDENT OF

THREATENING THE PRESIDENT OF

THE UNITED STATES IS A CRIME,

SO THE QUESTION WOULD BE THE

LEGAL AND FACTUAL QUESTION

WHETHER WHAT HE HAS ENGAGED IN

WITH RESPECT TO POSTING THE

IMAGE OF JOE BIDEN BOUND AND

GAGGED WITH WHAT APPEARS TO BE

A BULLET HOLE IN HIS HEAD

CONSTITUTES THAT KIND OF

THREAT.

THE SAME THING COULD BE TRUE

UNDER NEW YORK LAW WITH RESPECT

TO JUDGES OR FAMILY MEMBERS AND

PERSONNEL.

SORT OF AN INDEPENDENT GROUND.

THE ONE THING THAT IS CLEAR IS

THAT HE HAS EVERY RIGHT TO

BRING THE DONALD TRUMP INTO

HOLD A HEARING ON WHAT HIS

INTENT WAS BECAUSE THROUGH HIS

ACTIONS AND OBVIOUSLY TO TIGHTEN UP DRAMATICALLY THAT

TIGHTEN UP DRAMATICALLY THAT

GAG ORDERS SO THAT THERE IS NO

THREAT NOT JUST TO THE JUDGE

AND HIS FAMILY MEMBERS, BUT

REMEMBER THIS AS A SPILLOVER

EFFECT OF A JURY AND ALSO FOR

WITNESSES AND PROSPECTIVE

JURORS.

THEY ARE LOOKING AT WHAT IS

GOING ON.

JUST ASK IF YOU ARE A POTENTIAL

JUROR ARE YOU GOING TO SAY I

WANT TO BE ON THIS TRIAL WHEN

MY NAME WOULD BE KNOWN BY DONALD TRUMP AND HIS

DONALD TRUMP AND HIS

CONFEDERATES? ARE YOU GOING TO

FEEL THREATENED AND INTIMIDATED

BY HAVING TO TAKE THE STAND AND

TELLING THE TRUTH?

THIS IS ALL A REASON I AM

CONFIDENT THE JUDGE IS THINKING

ABOUT THIS NOT JUST IN TERMS OF

HIS SELF AND FAMILY BUT ABOUT

PROTECTING THE RULE OF LAW.

EXACTLY THE CLIP THAT YOU

PLAYED IT IS WHAT IS GOING TO

BE ANIMATED JUDGES AND

PROSECUTORS TO TAKE STEPS TO

MAKE SURE THAT OUR SYSTEM OF

LAW IS SAFE WITH RESPECT TO THE

FORMER PRESIDENT OF THE UNITED

STATES WHO IS ATTACKING THE VERY FOUNDATION OF THE RULE OF

VERY FOUNDATION OF THE RULE OF

LAW.

>> WE HAVE HAD UNPRECEDENTED

MEASURES TAKEN TO PROTECT THEIR

IDENTITIES AND SOME OF HIS

CASES.

THE LEVEL OF AN AMENITY BETWEEN JURORS THEMSELVES WHEN THEY ARE

JURORS THEMSELVES WHEN THEY ARE

BEING TOLD AND EVEN CIVIL CASES

THEY WERE NOT EVEN SUPPOSED TO

TELL EACH OTHER WHAT THEIR TRUE

NAMES WERE.

ONLY SUPPOSED TO GO BY NUMBERS.

I WANT TO ASK BEFORE WE TAKE A

QUICK BREAK ABOUT THIS.

I POSTED THIS ON MY SOCIAL

MEDIA. WHEREBY A LEADER VILIFIES A

WHEREBY A LEADER VILIFIES A

PERSON OR THEM LIKELY TO

INSTIGATE RANDOM SUPPORTERS TO

ATTACK THOSE TARGETS WHILE THE

INSTIGATOR MAINTAINS A VENEER

OF PLAUSIBLE DENIABILITY.

NOBODY HAS TO READ BETWEEN THE

LINES.

I THINK EVERYBODY CLEARLY KNOWS

WHO I AM TALKING ABOUT, BUT

DON'T YOU THINK TRUMP HAS

CROSSED THAT LINE OF PLAUSIBLE

DENIABILITY?

THE IDEA OF I AM REPOSTING

THINGS OR I'M JUST PUTTING

SOMETHING UP IN MY POLITICAL

FREE SPEECH OR PURSUIT AND

PROTECTION OF MY FIRST

AMENDMENT RIGHTS.

>> I COULD NOT AGREE MORE.

JUST REMEMBER THAT MIGHT HAVE

BEEN PLAUSIBLE THE FIRST TIME

OR THE SECOND TIME HE DID THIS.

WHEN YOU SEE THAT YOU HAVE THIS

REPEATED CALL AND RESPONSE

AFFECT HE CANNOT KEEP SAYING I

JUST CALLED AND I WAS SHOCKED.

THAT IS EVERYTHING ABOUT WHAT

HE IS CHARGED WITH IN

CONNECTION WITH THIS CASE.

THERE IS MUCH MORE THAN THAT

LEADING UP TO IT, BUT THOSE EVENTS WERE THE QUINTESSENTIAL

EVENTS WERE THE QUINTESSENTIAL

CALL AND RESPONSE CHARGE HERE

WHERE HE KNOWS DARN WELL HOW

PEOPLE ARE GOING TO RESPOND.

THAT IS WHY YOU CAN VERY MUCH

HAVE A HEARING WHERE THE JUDGE

CAN BRING THE PARTIES IN AND

BASICALLY HAVE THE FORMER

PRESIDENT TESTIFIED ABOUT WHAT

HAPPENED AND WHAT HE WAS

THINKING. IF HE DOES NOT WANT

TO TESTIFY THAT IS FINE, BUT

THEN HE CAN TAKE THE FACTS AS

SENT OUT BY THE GOVERNMENT.

GOING TO BE CROSS-EXAMINED BY