Episodes
The immunity question will be in Judge Chutkin’s court very soon. It’s unlikely that we’ll get a public hearing to decide what evidence is admissible. In Florida, Judge Cannon denied de Oliviera’s motion to dismiss based on selective and vindictive prosecution. Plus, listener questions and more!
Published 07/14/24
Allison was a guest on ABC Radio National | Sunday Extra to discuss the immunity ruling Check out more from Australia! Sunday Extra presents a mix of national and international affairs, analysis and investigation with Julian Morrow
Published 07/09/24
Steve Vladeck joins Allison and Andy to discuss the immunity ruling from SCOTUS. The Roberts Court showed that it is more beholden to ideology than the Constitution.What’s next for the Trump prosecutions? What’s next for the country?
Published 07/07/24
Judge Cannon is off on several side quests. Including hearings on alleged violations of Trump’s 4th Amendment rights; the funding of the Special Counsel; Evan Corcoran’s notes. She’s also called for briefings on Trump’s motion to dismiss based on spoliation of evidence. We have updates to Jack Smith’s motion to modify Trump’s bail conditions and information about a previously unknown trip Trump took from Bedminster to Mar-a-Lago before the search to check on his boxes. The Supreme Court...
Published 06/30/24
It has come to light that two “more experienced” judges urged Cannon to recuse herself from the Mar-a-Lago documents case. One of them was Chief Judge Altonaga. Nevertheless, Cannon stayed on the case and has turned it into a complete mess. America First Legal– a Stephen Miller joint– has been allowed to participate as amici. We are still waiting on SCOTUS to drop their Presidential Immunity opinion so the DC case can proceed. Plus, listener questions.
Published 06/23/24
Judge Cannon struck a paragraph from Trump’s indictment and denied denied Trump’s motion to dismiss on insufficient pleading grounds. She may have made a significant legal error in one of her rulings. Trump filed a new motion to dismiss claiming spoliation of evidence. All this and more! Plus, a listener questions and more.
Published 06/16/24
Again, Judge Cannon has rearranged the pre-trial schedule AND is allowing oral arguments from non-parties in a hearing about whether Jack Smith was appointed and funded appropriately. This is the same sort of motion to dismiss that Judge Chutkin dismissed in a matter of days. We have an update on Jay Bratt’s motion to modify bail conditions that he refiled since our last episode. Walt Nauta’s attorney cops to missing filing deadlines. Federal law enforcement is still investigating the...
Published 06/09/24
Judge Aileen Cannon has denied DoJ’s motion to modify Trump's bail conditions. The Smith team filed the motion without conferring with Trump, but not on an emergency basis. She also denied Trump’s request for sanctions. Jack’s team has refiled their motion after conferring with Trump’s lawyers. Cannon calls for briefs in an upcoming hearing to determine whether the appointment of Jack Smith is lawful. Andy and Allison also detail why this case was brought in Florida and not D.C. Trump was...
Published 06/02/24
Judge Aileen Cannon continues to complain– after much deliberation– about having to grant DoJ’s motions. Trump’s lawyers deceive the court in their motion to dismiss by mischaracterizing the language in the Mar-a-Lago search warrant. Hearings on that got heated. DoJ files a motion to modify Trump’s bail conditions. Chief judge for the D .C. District Court denied Walt Nauta's overly broad bid to release all grand jury matters related to the investigation to the Florida court. Plus...
Published 05/26/24
Judge Aileen Cannon is successfully bogging down the Mar-a-Lago proceedings. It seems undeniable that she is biased towards Trump. At least that’s what Trump supporters have thought all along.Justice Sam Alito tries to throw his wife under the bus for flying an upside-down American flag in front of their house. Plus, a listener question about sentencing Trump.
Published 05/19/24
Today we bring you our live panel discussion hosted by Anna Bower of Lawfare and featuring myself, our SIPA expert, Brian Greer, and of course, Andy McCabe. In this show, we'll be going over the latest trial postponement from Judge Aileen Cannon, as well as an overview of where we are now, where we started, and how we got here. Plus, audience questions! 
Published 05/12/24
Donald Trump has submitted his motion to dismiss the Florida espionage and obstruction charges based on vindictive and selective prosecution. Trump argues (erroneously and weakly) that his conduct was similar to that of Mike Pence and President Joe Biden. Walt Nauta’s grand jury testimony has been released. With a few notable exceptions, it’s mostly the same lies he told the FBI. Michigan’s Attorney General executed a search warrant to get hundreds of pages of documents from Chesebro’s...
Published 05/05/24
The Supreme Court has heard arguments in Trump’s claim of absolute immunity. We’re going over the highlights and lowlights from the hearing. Including Justice Alito’s misreading of the DC Circuit’s ruling. Plus, a listener question, and more!
Published 04/28/24
This week; Donald Trump had a bad week and the coming weeks don’t look much better for him. The jury has been seated in the Manhattan election interference case. There’s a hearing scheduled regarding his shady bond in the NYAG civil fraud case. CIPA Section 5 deadlines are rapidly approaching in the Mar-a-Lago willful retention case. Oral arguments in the Supreme Court over Trump’s immunity bid in the January 6 case are scheduled for next week. Plus, a couple of listener questions, and more!
Published 04/21/24
This week; a long list of retired Admirals and Generals filed an amicus brief to the Supreme Court in Trump’s upcoming absolute immunity argument. In Florida, Judge Cannon grants, in part, Smith’s motion to reconsider releasing witness names and statements. Cannon also set an April 12th hearing for Nauta’s and de Oliveira’s Motions to Dismiss. Andy has some fun going over the transcript of Nauta’s FBI interview. Plus, a couple of listener questions, and more!
Published 04/14/24
This week; Jack Smith responds sharply to Judge Cannon's order to write jury instructions based on the Presidential Records Act (PRA); Cannon denies Trump’s Motion to Dismiss based on the PRA, but doesn’t rule that he cannot try to use it as a defense. The American College of Trial Lawyers release a statement condemning Trump’s dangerous rhetoric as a risk to democracy. Plus, a couple of listener questions, and more!
Published 04/07/24
This week in Cannon’s court; both sides file notices of responses and replies that they've filed on the secret docket, but DoJ’s public filing gives a glimpse into what is in the secret filings; Carlos de Oliveira requests a bill of particulars in his response to DoJ’s opposition to his motion to dismiss; we are still awaiting responses to Cannon’s order to submit potentially erroneous jury instructions. We have updates on John Eastman’s and Jeffrey Clark’s disbarment proceedings. Plus, a...
Published 03/31/24
This week: the New York Times sheds light on the timeline of DoJ’s investigation into the coup plot; Trump’s immunity brief has been filed with the Supreme Court; Brian Greer joins us to discuss Judge Cannon’s odd order regarding jury instructions and the PRA.
Published 03/24/24
This week, in Mar-a-Lago, Jack Smith responds to Trump’s motions to dismiss, Cannon dismissed one of Trump’s motions, but that’s not all good; Steven Miller’s organization filed an amicus brief supporting dismissing the case based on the Presidential Records Act; Judge Cannon extends the filing period for reply briefs and lays the groundwork for what could be some serious shenanigans. In an interview with Kaitlin Collins “Witness #5” said he heard a Mar-a-Lago guest discussing that Trump...
Published 03/17/24
This week, in Mar-a-Lago, DoJ responds to Trump’s Motion to Dismiss based on immunity and the PRA; DoJ responded to Trump’s Motion to Suppress the fruits of the Mar-a-Lago search, but that filed on Judge Cannon’s secret docket The DC case may be impacted by emails that reveal  new communications indicating Sen. Ron Johnson and his top aide were told papers sent to his office on Jan. 6 had to do with Wisconsin's Presidential Electors. Plus, a couple of listener questions.
Published 03/10/24
This week in Florida: Judge Cannon rules in favor of DoJ’s motion to keep witness names under seal even while saying that DoJ has the law wrong; several rulings on CIPA Section 4 motions including Nauta and De Oliveira’s bid to get access to classified discovery. In the DC case, Kenneth Chesebro had a secret Twitter account that he kept from investigators. Plus, another thought-provoking listener question, and more.
Published 03/03/24
Earlier today, SCOTUS granted cert to hear arguments in Trump’s immunity motion. At the very least, this further delays Trump’s current federal trials.
Published 02/29/24
This week; Professor Steve Vladeck joins to discuss Trump’s immunity motion and the probable scenarios that are playing out within the SCOTUS; Trump files a plethora of motions in Florida; Carlos De Oliveira, co-defendant in the classified documents case, files a motion to dismiss; Governor Kemp reveals that he was interviewed by Jack Smith’s team; Smirnov is arrested; plus Allison and Andy answer a couple of listener questions.
Published 02/25/24
This week; Trump’s application for a stay on the immunity issue has been fully briefed to the Supreme Court– they can rule any day; Judge Engoron in the NYAG civil fraud trial has fined Trump, his two adult sons, and Weisselberg a total of $364M; plus some listener questions about Robert Hur.
Published 02/18/24
Brian Greer joins to discuss the CIPA process and Trump’s latest attempts to derail the Mar-a-Lago case; DoJ’s response to Trump’s motion to compel, and their motion for Judge Cannon to reconsider her ruling; Just Security outlines some possible timelines for the DC case to proceed; plus listener questions.
Published 02/11/24