Why this legal expert believes Trump wants to delay trials

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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.
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Channel: CNN
Views: 170,889
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Keywords: Donald Trump, Walt Nauta, Special Counsel Jack Smith, Classified Documents, Trump Trial, Trump legal case, US Politics
Id: knmOUaC9aqo
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Length: 7min 38sec (458 seconds)
Published: Mon Jul 10 2023
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