WE'RE GOING TO GET TO LATER. I MENTIONED TO VIEWERS, THAT ALSO CAME DOWN. THERE'S A LOT GOING ON HERE. I WANT TO START WITH THE SECRET SERVICE AGENTS. YOU KNOW, IN A DIFFERENT TIME LINE, YOU KNOW, WHEN THEY TALK ABOUT WHICH REALITY WE'RE IN, NEIL. IN A DIFFERENT TIME LINE TEN YEARS AGO, A BUNCH OF SECRET SERVICE AGENTS MARCHED IN TO TESTIFY ABOUT WHAT HAPPENED AT A WOULD BE CONVICTED SEDITION WOULD BE THE BIGGEST STORY OF THE MONTH. AND HERE IT HITS LIKE, OH, WELL, I GUESS, IT'S GOOD, THEY SHOULD TALK TO THEM. I'M CURIOUS WHAT YOU THINK IT TELLS US ABOUT THE STATE OF THAT PROBE AS I'M ALSO CAREFUL TO SAY WE DON'T KNOW YET WHAT THEY SAID. WE DON'T KNOW IF IT WAS EXCULPATORY OR NOT ABOUT DONALD TRUMP. WHAT DO YOU SEE THERE? >> EVEN AS TRUMP IS BABBLING ALL OF THIS STUFF ABOUT THE STOLEN DOCUMENTS STUFF IN FLORIDA, I THINK YOU'RE ABSOLUTELY RIGHT. HE HAS TO BE LOOKING OUT FOR A NEW SLEW OF CRIMINAL CHARGES RELATED TO JANUARY 6th. IF THIS WERE A TV SHOW, SO FAR WE'RE IN SEASON TWO OF WHAT'S LIKELY FIVE OR SIX SEASONS IN TOTAL COMING UP. AND THE SECRET SERVICE STUFF TODAY, I THINK, REALLY UNDERSCORES THAT. WE OBVIOUSLY DON'T KNOW WHAT THESE SECRET SERVICE AGENTS SAID IN THE GRAND JURY, BUT THEY WERE IN THE ROOM OR THE CAR WHERE IT HAPPENED, AND ON THAT DAY, YOU KNOW, TRUMP, AS YOU WERE SAYING, WANTED TO GO INTO THE VIOLENCE, AND JOIN THE INSURRECTION, SO THEY WERE THERE FOR THAT. BUT THEY'RE ALSO THERE, I THINK, FOR ANOTHER THING, WHICH IS I SUSPECT WHAT WAS GOING ON BEFORE THE GRAND JURY. NOT JUST JANUARY 6th, BUT THE WEEKS LEADING UP TO JANUARY 6th, YOU KNOW, DID TRUMP HAVE A PLAN TO MARCH ON THE CAPITOL WELL BEFORE JANUARY 6th? TONY ORNATO WAS VERY CLOSE TO THE PRESIDENT AND PART OF THE SECRET SERVICE SAID SO, SO, YOU KNOW, WHAT'S GOING ON THERE I THINK IS REALLY IMPORTANT, AND, YOU KNOW, THE U.S. SUPREME COURT HAS SAID THAT THE SECRET SERVICE DO NOT HAVE AN ABILITY NOT TO TESTIFY. THERE'S NO SECRET SERVICE PRIVILEGE OR ANYTHING. BILL CLINTON TRIED TO LITIGATE THAT. IT WAS REJECTED BY THE UNITED STATES SUPREME COURT IN 1999, AND CERTAINLY I DON'T THINK SECRET SERVICE AGENTS THINK THAT BEING A FEDERAL WITNESS IS PART OF THEIR JOB DESCRIPTION. BUT WHEN YOU'RE TASKED WITH PROTECTING DONALD TRUMP, YOU'RE BOUND TO WITNESS SOME QUESTIONABLE BEHAVIOR. >> YEAH, NEAL, WHAT DO YOU THINK JACK SMITH'S APPROACH IS BECAUSE AS I EMPHASIZED, HE HAS THE VERY SPECIAL PORTFOLIO OF DID ANYONE COMMIT A CRIME WHO WASN'T PHYSICALLY STORMING THE CAPITOL? THE ANSWER MAY BE NO. THE ANSWER MAY BE THEY FIND THE EVIDENCE DOESN'T LEAD TO A CRIMINAL STANDARD TO WHAT PEOPLE SORT OF DID OFF SITE OR CONVERSELY THE ANSWER COULD BE FOR PEOPLE LIKE GIULIANI, EASTMAN, SIDNEY POWELL, OTHERS, REALLY DID EVENTUALLY CROSS A LINE OF CONSPIREING OF EXHORTING PEOPLE TO KNOWINGLY INTERFERE WITH THIS FEDERAL PROCEEDING AND/OR WE'RE JUST ON THE HOOK ENOUGH FOR ACTIVE FUTURE CRIMES LIKE ELECTOR FRAUD, AND THE FACT THAT NONE OF THOSE RESONATE WITH THE AMERICAN PUBLIC AS OH, YEAH, THAT HAPPENED, AND THEN PENCE DID THIS, AND THEN WE LOST OUR DEMOCRACY, RIGHT, THEY DIDN'T PULL IT ALL OFF. THAT LEGALLY DOESN'T MATTER FOR WHETHER THERE'S A CHARGE THERE, DOES IT? >> I THINK THE BEST WAY OF UNDERSTANDING THE LAW, ARI, CERTAINLY ANYONE WHO INVADED THE CAPITOL OR AIDED OR GAVE COMFORT TO OR SUPPORTED OR HELPED PLAN THE INVASION OF THE CAPITOL OR WHO PLANNED THESE FAKE ELECTOR SCHEMES ARE GUILTY OF CRIMES. THAT'S WHAT A VERY RESPECTED FEDERAL JUDGE, DAVID CARTER, IN CALIFORNIA HAS ALREADY CONCLUDED THAT IT'S MORE LIKELY THAN NOT THAT DONALD TRUMP AND OTHERS COMMITTED THESE CRIMES. I'D BE INTERESTED IN CHRISTY'S VIEW ON THIS, SHE'S A PHENOMENAL FORMER PROSECUTOR. IT SEEMS TO ME WHAT I SEE ABOUT JACK SMITH IS HE'S WORKING HIS WAY UP. HE'S INTERVIEWING PEOPLE LIKE THE FAKE ELECTORS, YOU KNOW, AND THE LIKE, BUT ALSO INTERVIEWING PEOPLE AT THE VERY TOP, PAT CIPOLLONE, MARK MEADOWS, THE FORMER TOP WHITE HOUSE LAWYER, THE FORMER CHIEF OF STAFF, HE'S TRYING TO HIT IT FROM BOTH ANGLES TO TELL A COMPREHENSIVE STORY OF THE FACTS AND THEN PLUG IT INTO THAT LEGAL CALCULATION, AND AS I SAY, I DO THINK THAT LEGAL CALCULATION IS BEST UNDERSTOOD AS IF YOU HELPED OR PLOTTED OR GAVE AID AND COMFORT, YOU COMMITTED A VERY SERIOUS FEDERAL CRIME. >> RIGHT. SO THE CHARGES THAT THEY'RE LOOKING AT ARE CONSPIRACY CHARGES, WHICH ALL YOU HAVE TO DO FOR A CONSPIRACY IS AGREE TO TAKE SOME CRIMINAL ACTION, AND TAKE SOME STEP IN FURTHERANCE OF THAT CRIMINAL ACTION, SO EVEN IF THEY DID NOT ACTUALLY OBSTRUCT THE CONGRESSIONAL PROCEEDING, THEY CONSPIRED, THEY AGREED TO OBSTRUCT THAT PROCEEDING. YOU KNOW, THE SAME WITH WHETHER OR NOT THEY CONSPIRED TO DEFRAUD THE UNITED STATES WITH THIS FAKE ELECTOR SCHEME WHERE YOU SEE THE FORGED DOCUMENTS. I MEAN, THESE ARE GREAT DOCUMENTS THAT ANY PROSECUTOR DREAMS OF WHERE YOU HAVE JUST BLATANT FORGERIES, BUT NEAL IS ABSOLUTELY RIGHT. YOU'RE GOING TO BE LOOKING AT ALL OF THE WITNESSES WHO ARE CLOSE TO THIS, PEOPLE WHO WERE IN THE FRONT SEAT, PEOPLE WHO ARE IN THE OVAL OFFICE. THE, YOU KNOW, FORMER STATE OFFICIALS, THE FORMER CAMPAIGN OFFICIALS, CHIEF OF STAFF, VICE PRESIDENT, THESE ARE PEOPLE WHO ARE ALL IN HIS ORBIT, WHO WOULD KNOW WHO ORCHESTRATED THIS PLOT, DID THEY KNOW THAT THERE WAS NO ELECTION FRAUD, AND WHAT WAS THE PURPOSE, TO STRONG ARM MIKE PENCE TO NOT CERTIFY THAT ELECTION. IF YOU CAN PROVE THOSE ELEMENTS UP, I THINK YOU HAVE JACK SMITH MARCHING TOWARDS CHARGES. >> WOULD YOU EXPECT BASED ON HOW WE'VE SEEN HIM WORK THAT IT WOULD BE QUIET AND THEN EXPLOSION, HE DIDN'T CHARGE NAUTA THE AIDE AND A WEEK LATER DROP IT ON TRUMP. WOULD WE EXPECT A SIMILAR VIEW HERE OR CAN'T EXTRACT TOO MUCH FROM THAT? >> HE'S AGAINST THE CLOCK HERE, BECAUSE THEY STARTED LATE, THEY ONLY OPENED THE INVESTIGATION IN APRIL OF '22, AFTER THE RULING FROM JUDGE CARTER, WHICH WAS THE PRIOR MONTH SAYING THERE IS ILLEGALITY HERE, AND YOU REALLY NEED TO INVESTIGATE THIS, ONLY THEN DO DOJ OPEN THIS INVESTIGATION. NOW HE'S UP AGAINST THE CLOCK. HE'S UP AGAINST, YOU KNOW, PRIMARY SEASON COMING, AND YOU HAVE THE D.A. IN GEORGIA WHO IS LOOKING AT A SUBSET OF THIS CONDUCT, THE FAKE ELECTORS SCHEME IN GEORGIA, AND SHE HAS ALREADY FORECASTED HER TIMING, WHICH IS LATE JULY, EARLY AUGUST. SO I THINK WE'RE GOING TO SEE CHARGES COMING AND I THINK THEY WILL BE THE NEXT MONTH OR SO. I THINK HE'S GOING TO WANT TO TRY TO GET AHEAD OF GEORGIA, IF HE CAN. >> SUPER INTERESTING BECAUSE THEN WE HAVE THE ACTUAL TIME LINE IN THE DOCS CASE. I TOLD NEAL, I ALWAYS TRY TO BE DIRECT WITH FOLKS. WE'RE JUGGLING MORE THAN ONE UPDATE HERE. WE MENTIONED, INTERESTINGLY, YOU WOULD THINK SMITH WOULD WANT THE FASTEST TRIAL FOR THE REASONS MS. GREENBERG TOLD US, HE'S ASKING FOR THE DECEMBER TRIAL, LATER THAN THE JUDGED RULED BASED ON THE EVIDENCE MENTIONED. HE WAS ASKING TO KEEP THE WITNESS LIST SECRET. AS JOURNALISTS AND OTHERS, WE'RE DIAGNOSE TO GET OUR HANDS ON IT BECAUSE IT WILL TELL US PART OF THE PLAN. WE KNOW IT WILL BE APPARENTLY ABOUT 80 WITNESSES. BUT IN A RULING TODAY, JACK SMITH LOST HIS EFFORT TO KEEP THAT SECRET FROM THE PUBLIC. THEY WANTED TO FILE IT UNDER SEAL. JUST GOING TO THE OTHER SIDE, AND HERE'S THE HEADLINE, DENYING PROSECUTION FROM SMITH FOR FILING THE LIST OF WITNESSES AT THE TRUMP CAN'T SPEAK UNDER SEAL. THE FEDERAL JUDGE PRESIDING OVER THE CRIMINAL PROSECUTION OF TRUMP, DENYING A REQUEST TO FILE UNDER SEAL. THE IMMEDIATE EFFECT OF THE RULING IS THE LIST OF 84 WITNESSES WHO MAY TESTIFY AGAINST TRUMP AT TRIAL WILL GO PUBLIC, INSTEAD OF JUST TO THE DEFENSE TEAMS. I'M CURIOUS WHAT YOU THINK OF THAT NEW RULING, NEAL. >> TO ME, THE MOST IMPORTANT RULING IS THE ONE YOU DIDN'T MENTION, WHICH IS SHE SAID THERE WILL BE A HEARING ON THE CLASSIFIED INFORMATION PROCEDURES ACT IN JULY. >> NOW, I HAVE TO INTERRUPT, NEAL, WE DID BRIEFLY MENTION THAT IN THE PREVIOUS SET UP, BUT GO AHEAD. >> OF COURSE. YOU'RE ALWAYS AHEAD OF ME, ARI, BUT THAT TO ME IS CONSISTENT WITH THE GOVERNMENT'S TIME LINE OF A TRIAL BEGINNING IN DECEMBER. JUDGE CANNON SEEMS TO BE BUYING INTO THAT, AND I DON'T THINK JACK SMITH WAS TAKING A DELAY. I THINK THAT THE INTERIM DATE THAT WAS PICKED BY JUDGE CANNON WAS GENERATED BY COMPUTER. THERE ARE ALL SORT OF EVIDENTIARY ISSUES THAT ARE GOING TO TAKE PLACE, SO DECEMBER IS A REALISTIC TRIAL DATE. SHE HAS SAID SHE'S SIGNALING THAT AS WELL TO THE DEFENSE, AND I THINK THE MOST IMPORTANT PIECE HERE IS, YOU KNOW, YOU AND I HAVE TALKED ABOUT A CLASSIFIED MATERIAL IN INVESTIGATIONS, OFTEN DELAYS TRIAL FOR A LONG PERIOD OF TIME. BUT THERE'S AN EXCEPTION. IF YOU'VE GOT THE BUY IN FROM THE TOP OF THE INTELLIGENCE COMMUNITY, THINGS CAN MOVE FAST. >> THAT MAKES SENSE. >> BUY IN, THAT THEY'RE GOING TO GIVE INTERIM SECURITY CLEARANCES TO TRUMP'S LAWYERS IN 24 TO 48 HOURS. I SUSPECT A LOT OF THE INFORMATION ABOUT WHAT CAN COME OUT IN AN OPEN TRIAL HAS ALREADY BEEN RESOLVED BY THE INTELLIGENCE COMMUNITY. THIS TRIAL CAN HAPPEN, IT CAN HAPPEN IN DECEMBER, AND WITH RESPECTED TO SEALED WITNESSES PIECE OF THE ORDERS TODAY, YOU KNOW, IT'S A LITTLE BIT ODD WHAT SHE DID BECAUSE TRUMP DIDN'T EVEN OPPOSE THE GOVERNMENT'S MOTION TO SEAL THESE 84 WITNESSES, BUT ACTUALLY SHE MADE A GOOD POINT, ARI, MAYBE WE CAN AVOID THIS ISSUE ENTIRELY. I DON'T EVEN NEED TO SEE THESE 84 WITNESSES RIGHT NOW, SO MAYBE WE CAN SIDESTEP THE ISSUE. SHE'S NOT GIVING IT A FIRM NO TO THE GOVERNMENT RIGHT NOW. SHE'S SAYING TELL ME MORE. >> TELL ME MORE IF YOU REALLY WANT TO JUSTIFY FILING IT UNDER SEAL, AND THIS IS NOT TO BE CLEAR FOR FOLKS, THIS IS NOT SOMETHING THAT'S GOING TO MAKE OR BREAK THE CASE, AS NEAL REMINDS US, THEY DIDN'T EVEN OPPOSE T. WE HAVE BEEN FOLLOWING EVERY STEP, AND THOSE OF US FOLLOWING AND REPORTING ON IT WOULD OBVIOUSLY LOVE TO HAVE, WE TALK ABOUT CAMERAS IN THE COURTROOM, WE WOULD LOVE TO HAVE THE FULL LIST AS SOON AS POSSIBLE. >> AND IT'S A STANDARD CONDITION OF BAIL FOR A CRIMINAL DEFENDANT TO NOT TALK TO OTHERS WHO ARE WITNESSES IN THE CASE, AND TYPICALLY THAT LIST OF NAMES, THOSE ARE PUBLIC FOR ANY OTHER CRIMINAL DEFENDANT UNLESS THERE'S SOME SECURITY REASON OR SPECIAL REASON NOT TO GL. >> I'M GUESSING JUST TO PRESS YOU, SMITH THOUGHT STRATEGICALLY HE WOULD LIKE TO HAVE LESS PEOPLE KNOWING ABOUT IT. HE THOUGHT THAT WOULD BE EASIER. >> IN HIS MOTION THERE WASN'T A REASON GIVEN FOR WHY HE WANTED THAT UNDER SEAL. I'M NOT SURPRISED BY DECEMBER 11th, AGAIN, FOUR MONTH DELAYS IS STILL A SPEEDY TRIAL HERE, AND HE BY DOING -- BY HAVING A TRIAL ON DECEMBER 11th, HE GETS IN BEFORE THE MANHATTAN TRIAL, WHICH IS CURRENTLY SCHEDULED FOR LATE MARCH. HE ALSO
