>>> WELCOME BACK TO AMERICA DECIDES. FORMER PRESIDENT DONALD TRUMP'S CLASSIFIED DOCUMENT CASE IN FLORIDA HAS BEEN POSTPONED INDEFINITELY. YOU MAY REMEMBER THE ORIGINAL TRIAL DATE WAS SET FOR MAY 20th. JUDGE CANON CITING SIGNIFICANT ISSUES AROUND CLASSIFIED EVIDENCE. SHE WOULD NEED TO BE -- SAID THAT NEEDS TO BE WORKED OUT BEFORE THE FEDERAL CRIMINAL CASE GOES TO A JURY. SCOTT McFARLAND AND JESSICA LEVINSON JOIN US NOW. TALK TO US ABOUT WHY THE JUDGE ISSUED THE RULING TODAY? >> THERE WAS AN ANTICIPATION THIS TRIAL DATE WAS WRITTEN IN INVISIBLE INK IN THE FIRST PLACE. THE MAY TRIAL SEEMED FARFETCHED BECAUSE THE DOCKET IS SATURATED WITH LEGAL CHALLENGES FROM THE TRUMP TEAM AND THE CLASSIFIED RECORDS. BUT THE JUDGE SAID IN THIS FIVE PAGE RULING THERE ARE INTERTWINED ISSUES INVOLVING THE LEGAL CHALLENGES AND CLASSIFIED RECORD ISSUES THAT IT'S NOT TENABLE TO HAVE A TRIAL IN MAY OR SET A FIRM TRIAL DATE AT ALL RIGHT NOW WHICH RAISES THE PROSPECT IF NOT THE LIKELIHOOD THIS TRIAL WILL HAPPEN AFTER THE 2024 ELECTION. IF DONALD TRUMP WERE TO WIN, THIS TRIAL MAY NOT HAPPEN AT ALL. IT'S THE SAME DYNAMIC IMPACTING THE JANUARY 6th 2020 ELECTION CONSPIRACY TRIAL. THE DELAYS RAISE THE PROSPECT A TRIAL MIGHT NOT HAPPEN IF DONALD TRUMP WINS THE PRESIDENCY. NOT A BIG SURPRISE BUT A DEFINITIVE RULING FROM JUDGE EILEEN CANON WHO IT'S WORTH SAYING WAS APPOINTED TO THE BENCH BY DONALD TRUMP. >> CAN YOU EXPLAIN, JESSICA, MORE OF THAT RULING, MORE OF HER REASONING WHY SHE CAME TO THIS DECISION? >> SO, EXACTLY AS SCOTT SAID IN HIS FINE REPORTING THAT SHE SAYS THERE IS A LOT OF EVIDENTIARY ISSUES. SHE IS POINTING TO THE FACT THAT WE ARE TALKING ABOUT CONCERNS ABOUT NATIONAL SECURITY AND THAT DOES RAISE ADDITIONAL QUESTIONS FOR ANY JUDGE WHEN THEY ARE OVERSEEING A TRIAL LIKE THIS. HAVING SAID THAT, I'M NOT AWARE OF A SITUATION WHERE -- I SHOULD SAY IT'S UNCOMMON A JUDGE SAYS THIS IS REALLY TRICKY. LET'S JUST TAKE IT OFF THE CALENDAR COMPLETELY. WE HAVE SEEN DELAYS. WE HAVE SEEN DELAYS FROM THIS JUDGE AND OTHER JUDGES. THAT IS APPROPRIATE AND NOT UNUSUAL BUT TO HAVE A JUDGE SAY THIS IS A TOUGH ONE, SO MUCH TO SORT THROUGH, LET'S PUT IT OFF AND NOT SET ANY ADDITIONAL DEADLINES FOR PEOPLE WATCHING AT HOME, THAT IS INTERESTING AND RARE BECAUSE TYPICALLY WHEN IT COMES TO TRIALS, EVERYTHING IS KEYED TO THE TRIAL DATE. YOU SET THE TRIAL DATE EVEN IF YOU KNOW IN THE BEGINNING OF A CASE THAT IT'S ASPIRATIONAL THEN EVERYTHING WORKS BACK FROM THE TRIAL DATE. SO, TAKING IT OFF CALENDAR WHICH IS WHAT SHE HAS DONE IS SIGNIFICANT HERE. >> DID SHE OFFER ANY EXPLANATION OTHER THAN IT WOULD BE A LOT OF WORK? >> WELL, I THINK NOT JUST A LOT OF WORK BUT WHAT SHE IS SAYING IS IT'S A LOT OF TRICKY AND COMPLEX WORK. PART IS FRANKLY THAT THE FORMER PRESIDENT AGAIN AS SCOTT MENTIONED FILED LOTS AND LOTS OF MOTIONS. SHE DOES HAVE A LOT TO GO THROUGH IN THE CASE. HAVING SAID THAT THERE ARE CASES WHERE THERE IS VERY HEAVY MOTION PRACTICE AND I HAVEN'T SEEN A SITUATION WHERE THE JUDGE SAYS THE BEST THING TO DO IS TAKE IT OFF CALENDAR. NOW, I THINK WHAT WOULD HAVE BEEN FRANKLY IN MY MIND PERHAPS MORE EXPECTED AND/OR FRANKLY I THINK APPROPRIATE WOULD BE SOME SORT OF SIGNIFICANT DELAY BECAUSE, AGAIN, IF YOU KEEP THE TRIAL DATE, AT LEAST YOU ARE KEYING DECISIONS AND MOTIONS TO SOME DATE CERTAIN IN THE FUTURE EVEN IF IT'S PUSHED BACK. >> I IMAGINE FOR THE TRUMP CAMPAIGN, THEIR LINE WAS WHETHER THIS WOULD HAPPEN BEFORE OR AFTER THE PRESIDENTIAL ELECTION. SO, IS THIS A WIN FOR THEM? >> WELL, IF THEIR M.O. IS TO DELAY, DELAY, DELAY, WHICH IT SEEMS TO BE, THIS IS WHAT THEY WOULD BE HOPING FOR AN INDEFINITE DELAY AS JESSICA SAID. NOT EVEN A NEW DATE. THERE IS NO DATE ANY LONGER. OF THE TWO SPECIAL COUNSEL PROSECUTIONS, THE ONE IN FLORIDA AND THE ONE IN WASHINGTON OVER ALLEGED ELECTION SUB VERSION, IT'S THE LATER. THE ELECTION CASE WAS BUILT FOR SPEED, NARROW, NO CODEFENDANTS, ONLY FOUR CHARGES, THEY DON'T GET DEEPLY INTO IT ISSUES OF JANUARY 6. THEY MADE THAT CASE MORE ELASTIC, MORE FLEXIBLE AND THAT CASE HAS BEEN STALLED TOO. THERE WAS NOT MUCH OF AN ASPIRATION FROM THOSE MONITORING THE CASE IN FLORIDA THAT IT WOULD GO FIRST OR EARLY. THERE WAS A SENSE IT WAS GOING PAST THE ELECTION ANYHOW THAT ALLOWS A SILVER LINING FOR JACK SMITH TO MARSHALL HIS ATTENTION AND RESOURCES TO THE CASE IN WASHINGTON IF THE SUPREME COURT RELEASES THAT CASE BACK TO THE COURT. YOU RECALL THEY ARE REVIEWING THE ISSUE OF PRESIDENTIAL IMMUNITY WITH A RULING NOT LIKELY UNTIL LATE JUNE. IT'S NOT CLEAR THERE IS ENOUGH TIME TO HAVE THE TRIAL BEFORE THE ELECTION IN WASHINGTON. STALLING THE FLORIDA CASE GIVES THE SPECIAL COUNSEL THE ABILITY TO FOCUS HIS ATTENTION ON WASHINGTON IF THAT CASE GETS TO TRIAL BEFORE NOVEMBER. >> JESSICA, GOES WHAT HAPPENS NOW, ESPECIALLY SINCE WE DON'T HAVE AN ALTERNATE DATE? >> SO, WHAT HAPPENS NOW IS THAT THE JUDGE HAS DATED THAT SHE WILL KEEP WORKING ON THESE ISSUES BUT LET'S BE HONEST. WE ARE NOT HAVING A TRIAL BEFORE THE ELECTION. THIS WAS SURE BEFOREHAND BUT IT'S CERTAIN NOW. SCOTT MENTIONED THE OTHER FEDERAL CASE, THE ELECTION INTERFERENCE CASE AND HE IS EXACTLY RIGHT, WE ARE WAITING ON THE SUPREME COURT WHEN IT COMES TO THE QUESTION OF WHETHER OR NOT A FORMER PRESIDENT ENJOYS SOME NONOR COMPLETE IMMUNITY FROM CRIMINAL PROSECUTION. WE ARE WAITING ON A SEPARATE CASE, I WOULD OFFER FROM THE SUPREME COURT ABOUT WHETHER THE OBSTRUCTION STATUTE THAT JACK SMITH USED AS PART OF THE CHARGES IN THAT FEDERAL ELECTION INTERFERENCE CASE F THAT STATE TAUGHT APPLIES TO THE ACTIVITIES OF JANUARY 6th. SO, WHAT HAPPENS NOW IS THAT WE CONTINUE TO LOOK AT THE NEW YORK HUSH MONEY TRIAL BECAUSE FRANKLY THAT'S THE ONLY TRIAL GOING FORWARD BEFORE THE ELECTION AND DEPENDING ON WHAT HAPPENS IN THE ELECTION, POTENTIALLY THE ONLY TRIAL THAT MOVES FORWARD AT ALL. FOR THE TWO FEDERAL CASES, IF TRUMP WINS THE ELECTION HE CAN ASK HIS ATTORNEY GENERAL TO DISMISS THEM. A JUDGE WOULD HAVE TO AGREE. FOR THE STATE CASE HE WOULD MAKE DIFFERENT ARGUMENTS BUT HE WOULD SAY A STATE CRIMINAL TRIAL PROCEEDING AGAINST HIM AS HEAD OF THE FEDERAL EXECUTIVE BRANCH WOULD CREATE SEPARATION OF POWER CONCERNS. EVERYTHING SLOWS DOWN AT THIS MOMENT WHILE WE WAIT FOR THE SUPREME COURT AND WATCH THE CONTINUATION OF THE HUSH MONEY TRIAL. >> THERE ARE SO MANY TRIALS, THERE ARE SO MANY DEVELOPMENTS. WE ARE
