Today is the deadline for
former President
Donald Trump and his aide Walt Nada
to suggest a trial date.
In that classified document prosecution.
The Justice Department
has asked for the trial
to begin in mid-December.
Let's turn to
some of the most informed voices
on everything in Trump legal world.
We have with us
Kaitlan Collins,
CNN anchor of The Source,
which premieres tonight at 9 p.m.
Eastern, only on CNN.
Former federal
prosecutor Lee Hoenig
and, of course, The New York Times,
Maggie Haberman.
So, Caitlin,
I mean,
I don't even know who to start with
because it's
just like a bounty of brilliant people.
But I'll start with you.
The deadline comes as we're
hearing special counsel
Jack Smith's investigation
into efforts to overturn
the 2020 election results
could be coming to a close.
What are you hearing about that timeline?
Yeah, it's
not totally clear to anyone,
I think, especially the attorneys
of the people who may
very well get indicted
in this investigation
when this is actually going to happen.
But people are bracing for it.
It's something that they're kind of
every day trying to read the tea
leaves to see what's going to happen.
I think the reason they think
it's going to happen in the near future,
however you define
that, is
because there's been a lot of activity
within his office.
He has been bringing people
in, the people who appear, Smith
has been bringing people on,
and they've been with
very aggressive deadlines.
They don't
they're not allowing people to delay
and come in later or postpone.
It's a very quick turnaround
when they want to hear from people.
And so I think it's raising questions
of what this is going to look like.
And, of course,
what he's asking the people
who are coming in about,
which are
key moments here with the fake
electors, that crazy Oval Office meeting,
those are all the things
that they believe
it could be the end of the investigation.
So you and I go way back
when it comes to that December 18th
Oval Office investigation,
because you and I talk
because right after
you found out about it,
you and I spoke on the phone
and you were really worried
because there are
these powerful people talking
about unconstitutional things.
Martial law seizing the voting machines.
So we know that special counsel
Jack Smith
is now looking into the meeting.
How might this play
into the investigation?
In a couple of ways, Jake.
I mean,
I think one way
is that
they're looking at Trump's mindset.
For one,
the fact that that meeting took place
a couple of hours
before the meeting ended
without him
signing any of these executive orders,
that the special counsel. Right.
Sidney Powell, the special counsel
or even justices
voting machines
and to use the government
apparatus to do so.
None of these orders were drafted
by his White House.
It ended without him
taking action on that.
But it
it was a couple of hours
before he first tweeted,
you know, come to this rally.
January six will be
while we'll be watching.
One is mindset, I think.
One is how he wanted to use
the government was thinking
about using the government.
We don't know exactly what might
come of it.
We do know from a number of people
who have been interviewed, to
Caitlin's point,
a bunch of folks have been in
there has been a focus on the lawyers.
There's been a focus on Sidney Powell
in particular, who was in that meeting.
And because there are so many tentacles
of this January six investigation,
This is not the documents case,
which was a discrete fact
that this is very different
and it could play out
in a number of ways.
And let's talk about that,
because if
he does
if special counsel Jack
Smith does indict Donald Trump on this
in the January six investigation,
how on earth do courts manage three
different indictments
you have in the hush money
case in New York?
You have in the
classified documents case.
You also have the January six
and then also potentially
the Georgia election meddling.
I mean, how does a court system
even begin to maneuver this?
We use this phrase
unprecedented quite a bit.
I've never heard
or seen anybody who's been under
three different indictments.
If we get one more,
never mind
four from four different jurisdictions
at the same time, this will be a mess.
All right.
Because classified documents
is in Florida on January
six would theoretically be in D.C.
and then we would have state
we have the state charge here
in Manhattan.
And what I think is going to happen,
some of this could play
to Donald Trump's advantage
because his best defense here,
his best strategy is delay.
You can't
we will not try
three or four cases
between now and the election.
I think it's not even 100% certain
that we will try one of them.
And ultimately,
we think, can't these prosecutors
get together and prioritize us?
Because I think we can all agree.
Anyone can agree if you take
the allegations is true.
January six is the most important, right?
The documents are second.
And Alvin Brooks case is far far behind.
He's the only one
who has a concrete trial
that he's really taking up the time
trial real estate.
Now in March and April,
they can coordinate,
but there's no indication
they have done that
on the classified documents case today,
the special counsel,
Jack Smith,
accused Trump aide
Wal-Mart of trying to delay,
specifically saying
his lawyer wasn't prepared
for this hearing.
Scheduled for Friday
because his lawyer
is going to be in D.C..
What do you make of this?
DeLay is a strategy.
DeLay is the strategy here
every step of the way.
Donald Trump
and Walton order
two defendants
are going to drag their feet
and delay and kick.
It's going to be like,
is that normal, though? Yes.
We used to say
it's like trying to put a toddler to bed.
Right. DeLay, delay, delay. Drag it out.
But it's a strategy
And this is just a proceeding to discuss
how the proceeding is going to go.
And yet, even
so, Wal-Mart is saying, well,
one of my lawyers is out of town.
Let's push it off.
DOJ is right to push back.
And I think the judge is going
to reject the effort to postpone here.
And Caitlin, the deadline
the Trump legal team is facing today
to tell the court
their preferred timeline
for this trial date.
What do you think Trump's
strategy would be
when it comes to selecting the date?
Because he can't obviously
just delay it forever.
That's not an option
he would like for it
to be after the 20, 24 election.
And in between that period
between then and inauguration.
I mean, they
they they in their minds
think this is not going to happen
before the 20, 24 election.
Now whether or not judge
can and goes along with that
that is the wildcard here
to see what that looks like.
Obviously Jack Smith has proposed
this date of a December trial date.
They don't think it's
going to happen then
but they will try to push it.
But I mean we just found out the Iowa
caucuses are going to be on January 15th.
So it's all of those you know prime
trial real estate was a great phrase,
but it's all of those competing factors.
But they are going to try to push it
as far as they can.
So, Maggie, obviously Trump's out there
saying that
every time he gets indicted,
his poll numbers go up
and there is some validity to that.
But in December,
if there is this classified documents
case begins
thereand let's just remember,
this is a case
that he's been bashed
by his former defense secretary,
his former attorney
general
his former
chief of staff, John Kelly,
and on and on and on.
Do you think that
that taking place one month
before the Iowa caucuses could actually
maybe hurt him?
That's the big X factor to me, Jake.
We have not seen a dynamic where he is
having to face
evidence being presented every day,
witnesses testifying every day.
It would also depend on
how much it's breaking through
and how much voters care
and what else is happening in the world.
But I do think it's an unknown.
It's certainly something
the other candidates
who are competing against him
in the Republican primary
and in the Iowa caucuses are
hoping will happen.
They are hoping that
this trial takes place
before the caucuses.
That is in some ways
their best bet,
because otherwise,
I guess you have to explain to me
what's going to stop him.
We don't know what's going to happen.
Predictions are not
of much value as we know,
but so far it's two indictments
and it has done
nothing to shake his voters.
So we will see if an actual trial
is the thing that does that.
If this all does get pushed
until after the 20, 24 election,
the more serious cases that Alvin Bragg
and Donald Trump wins
Can he just dismiss the special?
I mean, like,
what happens legally
if this gets pushed beyond the election
and he wins,
they're all dead on the line,
all four of them,
let's say, hypothetically.
First of all, the federal cases
Donald Trump
can either order his DOJ dismiss those
or he can pardon himself.
We don't know if that's constitutional.
But the only way to challenge it is
DOJ would have to indict him.
And then they litigate it.
But it will be his DOJ at that point,
the two state cases,
we don't have any sort of case
law on point.
But I will just tell you,
there is no possible chance
that state level prosecutors
will be permitted
to try a sitting president.
So this is all or nothing for him
if he can get it pushed.
All right.
Leonnig, Maggie
Haberman and Kaitlan Collins, thanks to
all of you.