WATERGATE PROSECUTOR, MSNBC
CONTRIBUTOR AND COHOST OF
THE #SISTERSINLAW PODCAST, JILL
WINE BANKS.
TALK US THROUGH YOUR REPORTING.
HOW WOULD AN INDICTMENT PLAY OUT
IN PALM BEACH?
>> IT IS KIND OF LIKE AMAZING
EVEN THE FACT WE’RE HAVING THIS
CONVERSATION.
I DON’T KNOW THAT A LOT OF
PEOPLE THOUGHT WE WOULD BE
TALKING ABOUT A FORMER PRESIDENT
EVEN POSSIBLY BEING INDICTED.
TO HAVE THESE PALM BEACH LOCAL
OFFICIALS WORKING TO KIND OF
FIGURE OUT HOW YOU WOULD DO THAT
IF A PRESIDENT GETS INDICTED,
HOW WOULD YOU HANDLE AN ARREST,
HOW WOULD YOU HANDLE THIS
EXTRADITION?
WHAT DO YOU DO WITH THE SECRET
SERVICE IF HE HAS TO SIT IN A
JAIL CELL?
THESE ARE THE CONVERSATIONS THEY
HAVE BEEN HAVING BECAUSE NO ONE
KNOWS HOW THIS WOULD WORK OUT.
TRUMP HAS LEFT PALM BEACH AND IS
IN JERSEY NOW, SO THE
PREPARATIONS MAY HAVE BEEN FOR
NAUGHT UNLESS ANY KIND OF
INDICTMENT CAME DOWN AFTER HE
HEADS BACK.
THERE’S THIS INTERESTING ASPECT
OF A LAW WHERE A PALM BEACH
OFFICIAL TOLD PLAYBOOK THERE’S A
STATUTE THAT FLORIDA GOVERNOR
RON DeSANTIS COULD POTENTIALLY
NOT COMPLY WITH THE EXTRADITION
NOTICE.
THAT’S SOMETHING THAT’S ALSO AN
ASPECT OF IT.
THEY’RE HAVING THESE
CONVERSATIONS TRYING TO FIGURE
OUT HOW THEY COULD HANDLE THIS.
IT’S SOMETHING YOU DON’T KNOW
WHAT TO DO BECAUSE YOU CAN’T
JUST ROLL UP ON A PRESIDENT
BECAUSE THEY HAVE A SECRET
SERVICE, SO THERE ARE ALL OF
THESE ASPECTS OF IT THAT THEY
HAVE TO HANDLE WITH CARE.
WE DON’T KNOW WHERE CY VANCE IS
IN THAT INVESTIGATION.
WE KNOW IT’S INTENSIFIED.
WE DON’T KNOW IF THERE’S CHARGES
COMING DOWN.
BUT THE FACT THAT THEY’RE HAVING
THESE CONVERSATIONS IS
REMARKABLE IN AND OF ITSELF.
>> I WONDER WHAT IT SAYS THAT
THEY’RE HAVING THOSE
CONVERSATIONS AND IF YOU CAN
EXPLAIN TO US THE EXTRADITION
PROCESS.
HOW COULD THIS ALL END?
>> WELL, LET ME SAY THIS IS
SOMETHING THAT I HAD TO FACE
DURING WATERGATE AS WELL.
WE WANTED TO INDICT THE
PRESIDENT AFTER HE LEFT OFFICE,
AND HOW WOULD YOU GO ABOUT THAT?
OR WHILE HE WAS IN THE OVAL
OFFICE, HOW WOULD YOU ACTUALLY
SERVE PAPERS ON HIM?
THE EXTRADITION IS SOMETHING
THAT SHOULD HAPPEN ROUTINELY.
THERE IS COMITY BETWEEN STATES.
THEY NORMALLY WOULD NOT EVEN
QUESTION IT.
THERE IS NO LEGITIMATE GROUNDS
ONCE THERE’S A LEGITIMATE
INDICTMENT IN ANY STATE FOR A
GOVERNOR OF THAT STATE TO
OBJECT.
FLORIDA LAW DOES INCLUDE
SOMETHING THAT GIVES A LITTLE
EXTRA POWER TO THE GOVERNOR.
BUT HE HAS TO HAVE SOME
LEGITIMATE REASON FOR EXERCISING
IT.
AND IF THERE’S A LEGITIMATE
INDICTMENT, THERE IS NO REASON
FOR HIM TO DO THAT.
IN WHICH CASE HE WOULD -- THE
DEFENDANT WOULD HAVE TO ANSWER
CHARGES IN THE STATE IN WHICH HE
IS INDICTED.
AND I THINK THAT WITH CY VANCE,
IT WILL HAPPEN, CERTAINLY BEFORE
THE END OF THE YEAR.
IN NEW JERSEY, THE LAW IS THE
SAME AS IN FLORIDA.
BUT THE GOVERNOR IS A DEMOCRAT,
AND SO THERE’S A BELIEF THAT HE
WOULD NOT OBJECT TO THE
EXTRADITION TO NEW YORK TO STAND
TRIAL FOR CHARGES.
>> JILL, I WANT -- I’M SORRY,
FINISH THAT THOUGHT.
>> GO AHEAD.
>> I WANT YOU TO SET THE STAKES
FOR US.
THIS WOULD BE THE FIRST CHARGES
AGAINST A FORMER U.S. PRESIDENT.
HOW IMPORTANT AND HOW ALL OF
THIS GOES DOWN IS A CASE OF A
TEST OF OUR JUSTICE SYSTEM.
>> YES, IT IS.
AND I THINK THAT IN A NORMAL
SITUATION, AND NOTHING ABOUT
ANYTHING THAT TRUMP HAS DONE IS
NORMAL, HE WOULD BE CHARGED
BASED ON A GRAND JURY HAVING
DONE THE INVESTIGATION AND
HAVING FOUND SUBSTANTIAL
EVIDENCE, AND IN THE CASE OF A
PRESIDENT, THE GRAND JURY IS
GOING TO NEED MORE THAN
REASONABLE DOUBT, BEYOND A
REASONABLE DOUBT.
WITH A PRESIDENT, A FORMER
PRESIDENT, THE GRAND JURY, NOT
BY LAW, BUT BY PRACTICE WOULD BE
LOOKING FOR ABSOLUTE CONCLUSIVE
EVIDENCE THAT WOULD LEAD TO A
CONVICTION AFTER A TRIAL.
AND THE RULES ARE THAT A PERSON
IS ENTITLED TO BE TRANSFERRED.
THIS HAPPENS ALL THE TIME, WHEN
A BANK ROBBER FLEES TO ANOTHER
STATE.
HE’S EXTRADITED BACK.
WHEN A SHOOTER IN KENOSHA FLED
WISCONSIN, FLED BACK TO HIS HOME
STATE OF ILLINOIS, HE WAS
EXTRADITED BACK TO KENOSHA TO
STAND MURDER CHARGES.
THIS IS TRADITIONAL IN OUR
CRIMINAL SYSTEM.
AND WE CAN’T LET ANYTHING STAND
IN THE WAY OF OUR JUSTICE
SYSTEM.
SO HE SHOULD BE EXTRADITED AND
STAND TRIAL.
ASSUMING THAT THERE IS AN
INDICTMENT.
I HAD THE PRIVILEGE OF
INTERVIEWING CY VANCE, AND HE IS
EXPECTING TO MAKE A DECISION
BEFORE HE LEAVES OFFICE AT THE
END OF THE YEAR.
SO THAT MEANS THAT DONALD TRUMP
MIGHT BE BACK AT MAR-A-LAGO WITH
THE PROTECTION OF GOVERNOR
DeSANTIS OR IT MIGHT HAPPEN