COURSE, WE'RE TO DIVE BACK INTO THE BIG NEWS OF THE DAY THAT TRUMP INDICTMENT THE DETAILS WE'VE LEARNED TODAY AND MUCH MORE JOINING US NOW TO TALK MORE ABOUT IT. FORMER ASSISTANT U. S ATTORNEY AND ALWAYS GAME TO JOIN US HERE ON THE FINAL FIVE DAVIDE CATS UP LATE WITH US TONIGHT. GOOD TO SEE YOU AGAIN, DAVID. GREAT TO BE WITH YOU, JIM. WE KNOW THAT THE NEWS OF THE INDICTMENT CAME DOWN YESTERDAY. IT WAS UNSEALED THIS AFTERNOON. BASED ON WHAT YOU'VE SEEN SO FAR. WHAT STANDS OUT TO YOU? WELL WHAT STANDS OUT IS THIS ACCUSATION THAT THE FORMER PRESIDENT PLAYED FAST AND LOOSE THAT HE WAS SO CAVALIER WITH OUR NATION'S TOP MILITARY AND INTELLIGENCE SECRETS? YOU KNOW, PEOPLE RISK THEIR LIVES TO NOT ONLY OBTAINED THAT INFORMATION , BUT TO KEEP THAT INFORMATION SAFE FROM OUR ENEMIES AND PEOPLE WHO WOULD EXPLOIT IT AGAINST THE NATIONAL SECURITY AND FORMER PRESIDENT TRUMP JUST SEEMED TO NOT TAKE THAT INTO ACCOUNT. HE SEEMED TO NOT ONLY WRONGFULLY RETAINED THOSE DOCUMENTS AND TAKE THEM WITH HIM WHEN HE WENT DOWN TOMORROW, LAGO SO, BUT HE SEEMS TO HAVE HAD THEM STREWN ABOUT HAPHAZARDLY SITTING IN HIS DESK , UH, SOME SITTING IN THE BATHROOM AND THEN INSTEAD OF JUST SAYING, OH, MY BAD AND GIVEN THEM BACK, YOU KNOW, THERE'S OF COURSE, ALL OF THIS HISTORY THAT WE KNEW BEFORE, BUT IT'S MUCH MORE GRANULAR ELITE. DETAILED IN THESE 37 COUNTS. UM, THAT YOU KNOW, HE HAD HIS AIDES AND LAWYERS AND THE PERSON WHO'S CHARGED WITH HIM AS A CO CONSPIRATOR. ACTIVELY HIDE THEM FROM THE GOVERNMENT. I WILL GO OUT OF HIS WAY TO MAKE SURE THAT THE GOVERNMENT DIDN'T GET THEM BACK AND THEN CERTIFY JIM THAT THEY HAD ALL BEEN GIVEN BACK TO CAUSE DECLARATIONS TO BE FILED WITH THE GOVERNMENT IN WASHINGTON FROM LAWYERS DOWN THERE IN MAR, A LAGO THAT EVERYTHING HAD BEEN RETURNED. AND OF COURSE WE KNOW FROM THE SEARCH WARRANT. IT WAS EXECUTED IN AUGUST OF LAST YEAR THAT NOT EVERYTHING WAS RETURNED. INDEED AT LEAST 100 HIGHLY SENSITIVE DOCUMENTS THAT STILL HAD THEIR MARKINGS AS BEING HIGHLY SENSITIVE RED AND GOLD MARKINGS WERE ALL AROUND THE PLACE. OBVIOUSLY AS YOU KNOW, AS YOU WELL KNOW, WE ARE IN A LEGAL SYSTEM WHERE YOU'RE INNOCENT UNTIL PROVEN GUILTY. THE FORMER PRESIDENT HIS MAINTAINED HIS INNOCENCE. BUT ONE THING THAT HE AND ALL OF HIS SUPPORT, I SHOULDN'T SAY ALL OF THEM AND MANY OF HIS SUPPORTERS, ESPECIALLY THE HIGH PROFILE ONES, THEY'VE BEEN DRAWING PARALLELS TO WHAT WE SAW WITH THIS RASH OF THE LIKES OF FORMER VICE PRESIDENT PENCE PRESIDENT BIDEN EVEN GOING BACK TO HILLARY CLINTON WITH HOW THEY HANDLED DIFFERENT INFORMATION, CONFIDENTIAL INFORMATION SECRET INFORMATION THAT DOESN'T SEEM TO NECESSARILY DRAW MANY PARALLELS HERE, THOUGH. WELL, JIM, I THINK THE REASON THAT IT DOESN'T DRAW PARALLELS AND LET'S TALK ABOUT HIS OWN VICE PRESIDENT PENCE AND ABOUT THE CURRENT PRESIDENT BIDEN. THEY DIDN'T THEY? THEY SEEM TO REALLY HAVE ENDED UP WITH THOSE DOCUMENTS BY ACCIDENT, BOTH OF THEM HAVING BEEN FACE PRESIDENTS, AND THEN ONCE IT WAS CALLED TO THEIR ATTENTION THAT THEY HAD THEM. THEY WENT OUT OF THEIR WAY TO MAKE SURE THEY GOT RETURNED AND HANDLED PROPERLY. THE ALLEGATION AND, OF COURSE, TRUMP WILL HAVE EVERY OPPORTUNITY TO CONTEST IT IN COURT. HE'S PRESUMED INNOCENT. HE HAS THE RIGHT TO DUE PROCESS. I THINK HE'LL GET MORE DUE PROCESS THAN ANYBODY ELSE. IN AMERICAN HISTORY MORE THAN SOME OF MY CLIENTS AS A CRIMINAL DEFENSE ATTORNEY. WE HAVE TO FIGHT TO MAKE SURE THAT THEIR DUE PROCESS RIGHTS OF RECOGNIZE, I THINK, WITH THE WHOLE COUNTRY WATCHING HIM WITH TRUMP MAKING A BIG DEAL ABOUT IT, WHO GET AN AWFUL LOT OF DUE PROCESS, HE'LL GET A LOT OF FAIRNESS. BUT HAVING SAID THAT, I DON'T THINK THAT IT'S REALLY IN HIS POLITICAL INTEREST TO PUSH THE CASE TO TRIAL BEFORE THE NOVEMBER 20-24 ELECTION, SO IF HE'S THE NOMINEE, I THINK THAT HE WILL NOT HAVE A TRIAL BEFORE 20-24 AND I THINK THAT THE JUDGES WILL HAVE TO GO ALONG WITH THAT. I DON'T THINK THEY'RE SHOWING FAVORITISM TO TRY. I'VE HAD A LOT OF CASES THAT PROPERLY WERE DELAYED TWO YEARS TO GO TO TRIAL BECAUSE THE ARGUMENT IS THE GOVERNMENT TOOK A LONG TIME TO INVESTIGATE, AND I NEED A LONG TIME TO INVESTIGATE MY SIDE OF IT AS A DEFENSE. THERE WAS SOME NEWS THAT CAME OUT TODAY. IT APPEARS JUDGE EILEEN CANON IS GOING TO BE THE ONE HANDLING THE TRIAL AT LEAST INITIALLY, AND I WAS WONDERING WHY THAT NAME SOUNDED SO FAMILIAR TO ME. SHE WAS THE ONE THAT HAD BLOCKED THE SPECIAL MASTER MONTHS AND MONTHS AGO FROM REVIEWING SOME OF THE DOCUMENTS THAT WERE SEIZED IN THESE VARIOUS THESE VARIOUS RAIDS, IF YOU WANT TO CALL IT THAT IS THAT IS THAT NORMAL WHERE YOU WOULD HAVE SOMEBODY WHO HAD BEEN INVOLVED IN THE CASE PRIOR BEING HANDED THIS AND WILL SHE WILL SHE REMAIN ON THE CASE? WELL I DON'T THINK THAT SHE'LL NECESSARILY REMAIN ON THE CASE . I THINK THE WAY THAT IT HAPPENS IS THAT A JUDGE IS SELECTED AT RANDOM. THERE ARE OVER A DOZEN JUDGES DOWN THERE. SO THE IDEA THAT SHE RECEIVED THIS CASE AT RANDOM? I DON'T THINK HAPPENED. I THINK INITIALLY IT WAS CONSIDERED A RELATED CASE TO HER. SO IT GOES TO HER IN THE FIRST INSTANCE. BUT I THINK HER JOB THEN WILL BE TO DRAW A JUDGE OFF THE WHEEL. AND SO SHE'LL PROBABLY BE THE RELATED CASE JUDGE UNDER ONE INTERPRETATION THERE'LL BE ANOTHER JUDGE WILL BE THE RANDOM JUDGE. THOSE TWO JUDGES WILL HAVE TO DECIDE WHETHER THE CASE WILL GO TO CANON OR GO TO THE OTHER JUDGE. IF THE OTHER JUDGE SAYS, YOU KNOW WHAT OUGHT TO STAY WITH ME AND NOT GO TO YOU, CANON. BUT CANNON SAYS NO, IT OUGHT TO COME TO ME THAT TRUMP SELECTED JUDGE THEN I THINK THE CHIEF JUDGE DOWN THERE WILL HAVE TO SAY IT WILL GO TO THIS ONE. OR THAT ONE OR TWO. STILL ANOTHER ONE. MAYBE IT WILL STAY WITH THE CHIEF JUDGE, SO SHE WON'T NECESSARILY BE THE JUDGE. BUT THERE'S SOME CONSTERNATION BECAUSE, AS YOU SAID, SHE LOOKS LIKE THE JUDGE THAT TRUMP NOT ONLY APPOINTED BUT WHO RAN TO GET THAT DECISION. THEN SHE WAS ROUNDLY REVERSED BY THE 11TH CIRCUIT UNANIMOUSLY, AND SO THERE SOME CONCERN. WILL SHE REALLY BE FAIR AND UNBIASED TO BOTH SIDES? NOT JUST TO TRUMP BUT ALSO TO THE GOVERNMENT. YOU KNOW, THE GOVERNMENT IS ALSO ENTITLED TO A FAIR TRIAL. HE IS DAVIDE CATS JOINING US FOR THIS INSIGHT ON THIS ONE. I'M REALLY GLAD YOU MADE SOME TIME FOR US BECAUSE I WAS THINKING ABOUT THIS STORY