Former U.S. attorney: Jack Smith's superseding indictment 'killed two birds with one stone'

Published: Aug 28, 2024 Duration: 00:05:53 Category: News & Politics

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NOT MINCE WORDS ABOUT THIS >> I'M JOINED BY CHUCK ROSENBERING, FORMER FBI OFFICIAL AND NOW AN NBC NEWS ANALYST, GOOD TO TALK TO YOU. WHY DO YOU THINK JACK SMIT PRESSED FORWARD WITH THE INDICTMENT INSTEAD OF WAITIN FOR JUDGE CHUTKAN TO RULE ON EACH OF THE CHARGES? >> I THINK THERE ARE TWO REASONS AND THEY ARE CONNECTED THE SUPREME COURT WAS CLEAR AS YOU MENTIONED THAT CERTAIN OFFICIAL ACTS ARE JUST OFF LIMITS FOR PROSECUTORS YOU CAN'T CHARGE A PRESIDENT WITH AN OFFICIAL ACT SO THE SMITH TEAM KNEW THA STUFF HAD TO GO. EITHER THEY MADE IT GO AWAY AS THEY DID WITH THE SOUP SUPERSEDING INDICTMENT OR JUDG CHUTKAN WOULD HAVE MADE IT G AWAY THAT IS CONNECTED TO THE SECON REASON THE SUPERSEDING INDICTMENT WHOLLY REPLACES THE FIRST. THE GRAND JURY THAT HEARD TH SUPERSEDING INDICTMENT EVIDENC DID NOT HEAR ANY EVIDENCE THAT CONCERNS OFFICIAL ACTS THEY ARE NOT TAINTED IN ANY WA BY THE EVIDENCE. THE FIRST GRAND JURY, THE ON THAT RETURNED THE ORIGINAL INDICTMENT WAS SO JACK SMITH AND HIS TEAM KILLED TWO BIRDS WITH ONE STONE. THEY REDACT FROM THE NEW INDICTMENT ANYTHING THE SUPREM COURT SAID IS OFF LIMITS THEY PRESENT THE SECON INDICTMENT TO A GRAND JURY WHOLLY UNTAINTED BY ANY EVIDENCE THAT WAS IMPROPER. IT WAS A SMART WAY TO HANDLE THIS >> YOU MENTIONED THAT HE MAY HAVE KILLED TWO BIRDS WITH ONE STONE BUT IS THERE ANY RISK TO THE STRATEGY HERE? >> WELL, THE RISK TO THE STRATEGY HAS PIN THE RISK AL ALONG. TRYING CASES IS HARD FINDING A JURY THAT WILL CONVICT UNANIMOUSLY IS HARD. THEY STILL HAVE TO CONTEND WIT A FLURRY OF NOTIONS THAT THE TRUMP TEAM WILL BRING IN DISTRICT COURT INCLUDING CHALLENGING THE SUPERSEDIN INDICTMENT SO IS THERE RISK THERE IS ALWAYS RISK I THINK THEY HAVE MITIGATED IT >> IF WE WERE TO TAKE NOVEMBER'S ELECTION OUT OF THE EQUATION WHAT IS THE TIME LINE FOR AN ELECTION INTERFERENCE TRIAL? >> IT IS A LONG TIME LINE, MONTHS AND MONTHS. THERE IS A WHOLE BUNCH O BATTLES YET TO BE FOUGHT I DISTRICT COURT ABOUT THI INDICTMENT SO IF YOU ARE ASKING WHETHER I WILL BE TRIED BEFORE THE ELECTION, THE ANSWER I ABSOLUTELY NOT AND CAN IT BE DONE WITHIN TH NEXT YEAR, YEAR AND A HALF CERTAINLY BUT THAT WILL ALSO TURN ON WHETHER OR NOT TRUMP REGAINS THE WHITE HOUSE. IF HE DOES, I EXPECT HE WILL ORDER THE CASES AGAINST HIM BE DISMISSED. >> TURNING TO JACK SMITH'S OTHER ACTIONS, WHAT COMES NEXT FOR THE EFFORT TO REINSTATE TH CLASSIFIED DURMENTS CASE >> DIFFERENT CASE, ALSO IN FEDERAL COURT. AND IN THE SOUTHERN DISTRICT O FLORIDA WHERE JUDGE CANO DISMISSED THE CASE ON PROCEDURAL GROUNDS ACCEPTING THE ARGUMENT THAT SMITH WAS IMPROPERL APPOINTED BY A SPECIAL PROSECUTOR I THINK SHE IS WRONG AS A MATTER OF LAW I IMAGINE THE COURT OF APPEALS THAT OVERSEES CASES IN THE SOUTHERN SDRITH OF FLORIDA WIL LIKELY REVERSE HER IF THEY DO, THAT CASE WILL B REINSTATED AS WELL OF COURSE THE PROBLEM FOR TH SMITH TEAM IS THAT THE CASE WILL BE BACK BEFORE JUDGE CANON WHO HAS BEEN RELATIVELY HOSTILE TO THE GOVERNMENT AND ITS THEORY OF THE CASE IN THE COURTROOM. >> DO YOU EXPECT THE SUPREME COURT DECISION LAST MONTH, WIL THAT PLAY INTO DONALD TRUMP' DEFENSE IN THIS CASE >> BY THIS CASE YOU MEAN THE ONE IN FLORIDA >> UH-HUH. >> I THINK THEY WILL TRY I IF WERE HIS LAWYER, I WOUL PROBABLY TAKE A SWING AT THAT. IT DOES REALLY DOESN'T INVOLVE THE SAME SET OF CIRCUMSTANCE FOR THE FEDERAL CASE WITH TH DISTRICT OF COLUMBIA I DON'T THINK THE IMMUNITY DECISION IN FLORIDA GAINS MUCH TRACTION THEN AGAIN, JUDGE CANON HAS BEEN A BIT OF A WILD CARD SO MY OFFICIAL LEGAL ANSWER IS YOU NEVER KNOW >> BEFORE I LET YOU GO BECAUSE I KNOW YOU HAVE A CRYSTAL BALL I YOUR HOME. IF YOU HAD TO GUESS, WHICH FEDERAL CASE AGAINST DONAL TRUMP WILL HEAD TO TRIAL FIRST >> WELL, MY SENSE OF IT IS THA JUDGE CHUTKAN IS A MUCH BETTER JUDGE. BY THAT I MEAN MANAGING HE DOCKET, MAKING GOOD DECISION AND KEEPING THE CASE MOVING. DENTISTS, PLUMBERS COME IN ALL SHAPES AND SIZES SOME ARE GOOD AT THEIR JOB SOME ARE NOT GOOD AT THEIR JOB I WOULD ALWAYS LIKE A GOOD JUDGE, EVEN IF SHE RULES AGAINST ME JUDGE CHUTKAN HAS PROVEN T MANAGE THE DOCKET. SO THE CASE THAT WILL MOVE THE MOST QUICKLY IS THE CASE WIT THE BEST JUDGE >> THANK YOU FOR YOUR TIME >>> UP NEXT, THE HARRIS CAMPAIGN TAKES THE TRAIL AND HITS TRUMP AND PROJECT 2025 THE PANEL IS NEXT. YOU'RE WATCHING MEET THE PRESS NOW.

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