Justice Matters with Glenn Kirschner

We've seen this movie before: some government official, some prosecutor, some law enforcement agent does something to hold Donald Trump accountable for his crimes, and Trump posts things about the person designed to inspire his supporters to threats and violence against that person. Most recently, Maine Secretary of State Shenna Bellows followed Maine's elections laws and her oath of office, and disqualified Trump from the Maine ballot. So, of course, Trump posted Secretary Bellows' bio and the threats started pouring in. Trump is on pretrial release in four felony cases. The law provides that, when there is clear and convincing evidence that a person under felony indictment poses a threat to the community or any person in the community, that defendant is to be detained pending trial. Glenn says it's long past time that the institutions of government apply the nation's pretrial detention laws to Trump as those laws are applied to every other person who is pending trial in a felony case. Trump should be detained pending trial.

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Today it's a mixed bag for legal stories:

1. The New York appellate court reimposed the gag order Judge Engoron placed on Donald Trump in an effort to stop Trump from endangering the court staff. Glenn thinks the gag order should be broader.

2. Newly disclosed text messages between Rep. Scott "Pardon Me" Perry and Trump co-conspirator/co-defendant Jeffrey Clark reveal that Perry was in the thick of Trump's conspiracy to unlawfully cling to power. The question now becomes, does the DOJ finally have enough evidence to indict Perry? Glenn says remember, he requested a pardon from Trump for his apparent crimes on and around January 6th.

3. Kevin McCarthy states that Matt Gaetz is "more fit for a penitentiary" than for Congress, and he "belongs in jail." Glenn asks: Isn't it time for the DOJ to interview McCarthy about the dirt he has on Matt Gaetz?

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The contrast between Donald Trump and President Joe Biden as far as the rule-of-law could not be more stark. As a HuffPost headline announces, "Trump Says Revenge 'Can Be Justified' In Latest Threat To Political Enemies." Contrary to Trump, President Biden has chosen the rule of law by declaring he will not pardon his son Hunter Biden in the event of a conviction, but rather, will accept and respect the jury's verdict. There is one important decision President Biden made early in his presidency: to leave in place a Republican, Trump-appointed US Attorney, David Weiss, who was conducting the investigation of his son Hunter. This shows the true measure of the man - President Biden did not want to be perceived as interfering with an ongoing investigation of his son, even though, as president, he had every right to nominate his preferred US Attorney for Delaware.

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The States have been, well . . . all over the map (pun intended) on whether Donald Trump is constitutionally disqualified from being on the presidential ballot because he engaged in an insurrection. Glenn surveys the laws and the state of play in Colorado, Michigan, California, and Maine, regarding Trump's status as a presidential candidate. He also projects what he thinks the US Supreme Court might do once the issue reaches the justices.

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Special Counsel Jack Smith has filed another motion imploring Judge Aileen Cannon to modify Donald Trump's conditions of release to impose a gag order to protect law enforcement agents from Trump's continued lies and violence-inducing rhetoric. Glenn reviews the new court filing and discusses why gag orders will likely continue to be inadequate to address the danger that Donald Trump poses to others.

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