Hi and

prosecuting Donald Trump. It is Tuesday and Tuesday morning, August 27th.

And I'm sort of stressing that Mary,

because we thought that we would be doing this tomorrow, morning and I think we even told people last week that we would be.

We did. Why is that because the brief that Jack Smith filed in the 11th Circuit appealing judge canons ruling was due today

Meaning that he would have up until I think kind of midnight. Yeah to file it and so we were going to basically be up very, very

late assuming he was going to file the last minute and then we were going to record tomorrow

morning but he surprised everyone and he filed a day early.

Not something the government does a lot.

I know.

At least not when I was in the government.

Yeah, no, everything's always like at the last minute no matter how much you prepare.

There's always like proof it. There's always something.

So anyway, here we are. It is August 27th, it is 1022 a.m. and we both have leisurely read the brief.

I didn't have to stay up late to read it.

Exactly. So Mary, what's, gee, what's on our dance

card today? And by the way, I'm Andrew's co-host, Mary McCord. Good morning and good evening, whatever you happen to be listening.

Yes, everyone knows except for our new listeners, so welcome our new listeners.

Yes, so obviously we're going to spend quite a bit of time today talking about that filing.

That is of course the appeal of Judge Cannon's dismissal of the entire Maralago prosecution

on the grounds that Jack Smith was unlawfully appointed in violation of the Appointments Clause of the Constitution.

And then we will talk about really, we'll just kind of anticipate what the parties will

...