The first debate in just two weeks. Then the calendar thereafter littered with debates and caucuses, primaries and convention. Does that mean that trump should not be tried before the election . No. The cases should proceed as they would were the candidate not a president ial candidate. They should not be postponed because of the election, in which he has chosen to run. But nor should they be expedited. I have noted here before that theres a long and Noble Tra Jigs at doj of not wanting to act in a way that might be perceived as political. Five recent attorneys general, republicans ask democrats, have all signed the same memo affirm lg the importance of keeping politics out of criminal charges. A republican in 2008, eric holder in 2012 and Loretta Lynch in 2016, bill barr in 2020 and mek garland just last year, they have all used the same language, include ing this paragr quote, simply put, politics must play no role in the decisions the federal investigators or prosecutors regarding any investigations or criminal charges. Law enforcement officers and prosecutors may never select the timing of investigative steps or criminal charges for the purpose of affecting any election or for the pup of an advantage or disadvantage to any candidate or political party, such a purpose is inconsistent can with the departments mission and with the principles of federal prosecution. The u. S. Attorneys manual has similar language, and it all makes sense. But think about it. If Law Enforcement officers and prosecutors may never select the timing of investigative steps or criminal charmings for the purpose of affecting any election, then surely the logic would procollude them from influencing the timing of a trial for affecting an election. It seems like the Special Counsel is deliberating pushing to get the January 6th Case heard before americans vote. The mote reese indictment lists six unindicted coconspirators, and its true, that might be a strategy used to get those individuals to flip. But unless and until such time is they are indicted, it makes the case against donald trump much more straight forward, much more streamlined for trial. The purpose of fridays hearing was to discuss a doj request for protective order, which if granted, will similarly accelerate the pretrial discovery process in that case. Which reminds me in the maralago case, much more information has been given to the Trump Defense lawyers than they are entitled to at this stage pretrial. In the January 6th Case, the Special Counsels office on thursday told the judge they would be ready for trial this coming january 2nd. Thats a sprint. And it means among the three existing cases, this one would go first that the feds indicted trump before indicting him for january 6th. The new york case brought by the manhattan da thats set for next march. The maralago case ending in federal court in florida is set for may. And next week many expect the Fulton County da to issue a fourth indictment against trump. In his filing to the Special Counsels office, their presentation of evidence would take, quote, no longer than four to six weeks. And in the filing, prosecutors said the rapid pace was needed n the gravity and historic nauch of the charges. Quote, its difficult to immcne a Public Interest stronger than the one in this case in which the former president of the United States is charged with three criminal conspiracies intended to undermine the federal government. Trial in this case is clearly a matter of public importance, which merits in favor of prompt resolution. Its certainly a matter of public importance, but why did it merit more prompt resolution than any other case. According to trump, its because the feds want their say before the American People get eirs. Deranged jack smith has just asked for a trial on the biden indictment to take place on january 2nd. Such a trial says trump should only happen, if at all, after the election. The same with the other fake biden indictments, election interference. If fridays Hearing Address Ed the issue of trump being a candidate telling his attorney the fact that he is running a Political Campaign current ly hs to yield to the administration of justice. And if that means he cant say exactly what he wants to say in political speech, thats just how its going to have to be. He also responded to Defense Complaints about the timing saying, i see a desire to move this case along, adding that she hasnt seen any evidence that its politically motivated. The hearing at the end of the hearing the judge quoted a Supreme Court decision which reads, it is a Bedrock Principle of the judicial process that legal trials are not like elections to be won through the use of meeting hall, the radio and newspaper adding this case is no exception. Then she offered this warning. The more a party makes inflammatory statements about this case, which could taint the jury pool, the greater the urgency to proceed to trial quickly. Why should trumps statements have any impact on the pace with which hes tried . On tuesday the New York Times published an etc. Is a from a prior guest of mine here tha came under the headline, the prosecution of trump may have terrible consequences. In it, he rowrote, even if the prosecution succeeds before or after the election, the costs to the legal and political systems will be large. Theres no getting around the fact that the indictment comes from the Biden Administration wh trump holds a formidable lead in the polls to secure the repuican Party Nomination and is runningeck and neck with biden, the democratic partys probable nominee. Th deep ly unfortunate timing looks political ans potent political implications, if even its not driven by partisan motivations. And it is the Biden Administrations responsibility as its Justice Department delayed the investigation of trump for a year andhen rushed to indict him well into the gop primary season, the unseemliness of the prosecution will grow if the Biden Campaign or its proxies use it as a weapon against trump if hes nominated. Thats definitely the perspective of many republicans as evidenced by all the polls. Trump has maintain ed a commanding lead over ron desantis and the others. Thus far, hes benefitted politically from being indicted. As nutty as that sounds, its born out by the data. In a recent poll, 86 of republicans said they feel the trump indictments and investigations are an attempt to stop his 2024 campaign. And 56 say they view the indictments and investigations as an attack on people like me. Its true trumps fate might be determined by the election. That he could win, stymie the Justice Department or selfpardon for the federal charges. But that doesnt mean its proper for the Special Counsel or the court to schedule trial with the election in mind. The doj standards warn for the purpose of influencing the election, that should include the pace with which is a case is prepared for trial. Dont misunderstand me. Trump shouldnt be shown any deference in delaying the trials until after the election. But nor should he be rushed to trial different than any other defendant. And if that happens, it will likely enhance his standing in the court of public opinion. Which brings me to todays Poll Question. Go to smerconish. Com and answer this question. Should the timing of any trump trial be influenced by the date of the election . Ginning me to discuss is ronald zsullivan jr. , Clinical Professr of law at harvard law school, where hes also Faculty Director of the Criminal Justice institute. Professor, thank you for being here. In a normal felony case of this magnitude, would it get to trial before November Of 2024 . I do not think so. If you would ask me this question 24 hours ago, i would have said theres no earthly way this case would go to trial before the election, but having seen what happened yesterday in court, i have to modify my opinion a little bit. Theres probably a likelihood that this will go to trial before the election. What is it . Read the tea leaves or what did you read in the transcript that causes you to change your view . Well, the judge deployed what i want to call the no shenanigans rule. She said were going to do this, were going to do this timely. Were not going to play any games. Were not going to try this case in the media. We are going forward. So she threw down the gauntlet and said were going to be ready. The government turned over, i believe, 11 million pages of discovery, which is sort of unheard of at this early stage. So i expect the judge is going to say, if everything has been turned over, and if the defense has had time to prepare, were going to trial. You heard my view. My view being dont cut him any slack, but dont treat him any differently. I know that a critic, and im not sure if youre a critic, i know a critic would say the American People have a right to know before they go in and close the curtain and cast their ballots. What do you think on the fundamental issue that im raising . Well, i think you are right. What we have are two principles that are intention. One is a Bedrock Principle of criminal Justice Administration that no person is above the law. That, frankly, is intention with this notion that the Justice Department should not get involved in politics, should not muck around close to an election. Those two are at lagger heads with each other. One has to give way to the other. The resolution of this tension, at least according to the judge, is the madministration of Criminal Justice. No person is above the law. I think youre right that he should be treated like every other person, every other accused in court. Whats important to remember, though, is that every other accused, including the president , has a Sixth Amendment right to an effective assistance of counsel. So if his lawyers say, hey, this is too quick, i cannot be effective, i cannot prepare, then theres going to be a problem in terms of whether this thing can move at the pace the judge wants it to move. And finally, the judge was a law School Classmate of mine at penn law. Yet i think you know her far better than i do. Give us some insight. You who know her well of what to expect. Well, shes smart. She was expert trial lawyer. So when you have a judge who was an expert trial lawyer, youre not going to be able to pull the wool over her eyes. She can say i have been there. I have done that. I know for a fact that the judge has closed in one case, walked down the hall, this is when she was a public defender, and opened another case. So shes not going to be moved by certain claims that, oh, i dont have time to prepare for this or prepare for that. She has a keen sense of what a sophisticated litigation entails. She was at a8t Major Law Firm a did all sorts of criminal litigations. Shes going to know what it takes to be prepared in a timely manner in this case. Shes no nonsense. Youre not going to be able to pull the wool over her eyes. And most importantly, shes going to be fair. She realizes that the government has the burden of proof to prove this case beyond a reasonable doubt. Shes going to make sure that donald trump gets a fair trial. Professor, heres a social media reaction. Hang out, ill read it aloud. What do we have . Its funny, but up until now the maga supporters were complaining this process was dragging, but now its, why now . There will never be an ideal date for trump. Lets go asap. To that, i would add, as i pointed out, the next 15 months, theres no clean opportunity where there wont be conflict. It doesnt have an easy resolution. A quick final word from you. No easy resolution. Values are intention with each other. Whats going to happen, according to the judge, is that the criminal administration of justice is going to take precedent. So they are going to move this case notwithstanding what else is going on on the calendar. Then well see what happens. Rofessor, thank you. You want you to hit up my website. Go to smerconish and answer the Poll Question. Should the timing of any trump trial be influenced by the date of the election . Register for the daily newsletterer. Its free and worthy. Up next, on friday Merrick Garland gave Special Counsel status to the person investigating hunter biden. Perhaps this will get us closer to the bottom of that case, but it makes 2024 even more complicated. In the on deck circle, i will speak to irs Whistleblower Gary Shaply about the new development. Except the hours that youre sleeping. So why do we leave so much untapped potentitial on the tab . This is a next level bed, for a next level you. My Circadian Rhythm is kickingg your Circadian Rhythms butt s i know, but im still winning so, it is a competition. Save 50 on the sleep Number Limited Edition smart bed. Plus, 36month financing on select smart beds. Shop now only at sleep number. Jardiance its a little pill with a big story to tell. I take oncedaily jardiance, at each days staaart. As time went on it was easyo seee. Im lowering a1c. Jardiance works 24 7 in your body to flush out some sugar and for adults with Type 2 Diabetes and known heart disease, jardiance can lower the risk of cardiovascular death, too. Jardiance may cause serious side effects including ketoacidosis that may be fatal, dehydration, that can lead to sudden worsening of kidney function, and Genital Yeast or urinary tract infections. A rare, lifethreatening bacterial infection in the skin of the perineum could occur. Stop taking jardiance and call your doctor right away if you have symptoms of this infection, ketoacidosis, or an allergic reaction, and dont take it if youre on dialysis. Taking jardiance with a sulfonylurea or insulin may cause low blood sugar. Jardiance is really swell, the little pill with a big story to tell. Evas about to learn her fear of missing out leads to overeating. I totally eat stuff to not miss out. And thats just a bit of Psychology Eva learned from noom weight. Sign up now at noom. Com friday Attorney GeneralMerrick Garland announced he was giving speshlg counsel status to the attorney investigating hunter biden saying it was in the Public Interest due to the, quote, extraordinary circumstances relating to this matter. The prosecutor had asked garland for the new authority after plea talks to are solve tax and gun charges fell apart with the trial now more likely. His decision gives more powers than a typical attorney and gives further independence from the doj. It puts america in Uncharted Territory with three doj Special Counsels currently investigating the sitting president , his son, and the previous president. A do j official told cnn that the white house and Hunter Bidens legal team were not informed beforehand of the Decision Calls if a Special Counsel have intensified in recent months with leading republicans claiming hunter biden got a sweetheart deal. And two irs whistleblowers alleging that weiss and the Justice Department gave him preferential treatment in the plea deal. One of them gary shapely will join me in a moment. The Attorney General has committed to avoiding even the appearance of politicization at the Justice Department, but House Judiciary Chair jim jordan, who asked weiss to testify about the probe, released this statement through a spokesperson. David weiss cant be trusted. This is just a new way to whitewash the biden familys corruption. Weiss has signed off on a plea deal that was so awful and unfair that a federal judge rejected it. Jordans view was echoed by Kevin Mccarthy and Chuck Grassley and tim scott, who said that weiss isnt the right person for the job. Hunter bidens attorney said in a statement, the u. S. Attorney has diligently been investigating my client for five years and had proposed a resolution. We are confident when all of these maneuvererings are at an end, my client will have a resolution and moving on with his life successfully. Joining me now is Whistleblower Gary Shaply, he worked for the irs for 14 years and was the first irs whistleblower to come trd in the hunter biden investigation. He testified before a House Committee just last month. Gary, thank you for being here. You testified that at this meeting