From the source tonight, 24 hours after the Supreme Court hit the brakes on Donald Trumps federal election case, jack smith hitting the gas on another just proposed a Surprising New de, for the maralago Classified Documents case for trump, his campaign and his likely republican convention. It could be but explosive. Also a splitscreen playing out on the southern border, dueling visits by the current president and his predecessor, supposed to biden is looking to turn around and erin area where voters say hes the weakest as trump is really looking to sabotage getting anything done in washington so we can use it to her biden of november. Also, a cnn exclusive our conversation with senator Bernie Sanders, who had some scathing criticism of Prime MinisterBibi Netanyahu and called for an immediate end to the war in gaza. And a lot more shell want to see. Im kaitlan collins, and this is the source tonight we start as we are witnessing the aftershocks really of that Supreme Court decision that has imploded the trump legal calendar. Jack smith is now suggesting that they move the start date for that trial in the Classified Documents case down in maralago, a move that comes just one day after the justices slam the brakes on the case against trump and washington for his efforts to overturn the 2020 Election Results late this evening, the special counsels office filed this new motion that youre seeing here, asking for donald trump and two of his codefendants to stand trial beginning july the 8th one other codefendant, a little bit after that, the special counsels team wants to get basically at least one case heard before election day in november. Trumps legal team responded with a now familiar Retort Saying that a fair trial cannot be held until after the 2024 president ial election is concluded. Im quoting them but they did offer another date this year and the judge who has been mired in some controversy in this case, judge Aileen Cannon is expected to hash it out in a hearing tomorrow in florida that could be critical to the future of the Classified Documents case im joined tonight by an attorney who used to represent donald trump in the Classified Documents case and others, jim trusty, great to have you back here. Jim, in this when you look at it, what jack smith is asking for is for trump and Walt Nauta Nauta and carlos to go to trial on july 8, the three Defense Attorneys want trump excuse me, want their trial to start in july 1. Another one to start in august what do you think this likely ultimately lands based on the what jack smith wants and what the Defense Attorneys are arguing yeah, im gonna go with None Of The Above whats happening. I mean, you talk about this judge being quote, mired in controversy. Shes actually taking a very incremental approach to everything when it comes to scheduling. And thats what you normally see in Federal Court its talking to the parties. Where are we on discovery . Where are we on Classified Documents . Youve got five motions to dismiss pending right now. Youve got ten doj attorneys entering their appearance on the case. This is not a quick and simple matter, and so jack smith, i think the approach he took was desperate to try something against President Trump before the election, which is really the wrong paradigm for doj to take for jack and the Attorney General to take. And of course, the other side is saying we cant possibly do this before the election. Yeah, theres some blame to be had perhaps on both sides for taking extreme positions. But as a former prosecutor, 27 years, i cant get over the fact the doj is admittedly making this a political exercise. Theyre basically saying weve got to do this before the election. And thats just not what you normally see in a whitecollar case for a nonincarceratory defendants. So i think were going to chug along for another month or two. We might see some really fascinating Emotions Hearings in florida. I think very important ones. But i suspect that trial is not happening this summer for a variety of reasons. Theyre not explicitly saying its about the election thats actually kind of jack smiths thing. He has not mentioned the word election in his filings. So it was a win. Do you think the Classified Documents case for trump actually happens . Well, it depends on a lot of factors that we dont know yet. Theres, theres i think actually very significant motions, not boiler plate type things you read routinely filed, but really critical ones about the president ial records act the trump team wants that litigated in about two weeks and i think even jack said something about april for that. So thats a huge threshold. Havent seen motion relating to the search warrant, but i think thats a very viable issue in this case, which is unusual because theres some real fundamental stuff and youve got the where do you guess it could go . I think if we get past the summer, then the natural reluctance of the court is probably the benefit of President Trump to say. And look, they used to be a doj policy. We dont try to interfere with elections by trying cases or even bringing indictments on the eve of an election. I think if we get to may and shes not locked in on july or august and we may know more tomorrow that if shes not locked in on those dates than it might slide the 2025 and thats actually a typical process for a Classified Document complex whitecollar case yet, but ill note that these cases were brought some time ago and certainly the trump team has sought to delay them because they believe its to their benefit. Its so when i look at this and you see what trumps team is asking for here. The three Defense Attorneys for all three codefendants, what theyre asking for in september. I mean, we could find out in june from the Supreme Court what they think about the Immunity Claim that would then be able to restart the case in dc technically. But if this Classified Documents case is scheduled, is that a way to kind of box judge chutkan and by the trump team by saying, well, sorry, weve got the Classified Documents case now that we have to deal with and theres no time for the federal election case. Yeah. I mean, good question. I dont know for sure because the judge in dc has been very strongwilled about scheduling, and that has fed into jack smiths desire to try that case yesterday. So yeah, there is this tugofwar between whos going to have the scheduling priority. But frankly case in front of the Supreme Court could easily have a significant effect in florida as well, and could lead believe it or not, i hate even say this out loud. But two additional litigation about whether or not certain activities were within the scope of president ial responsibilities. A little bit like when you have executive privilege litigation. So we could be at round one of Supreme Court exercise on immunity if they rule generally in favor of the president , then you could end up having more litigation and more Supreme Court before anybody ever thinks about a real trial date. Well, let me ask you on that because that is interesting. And in the order, as i was looking at it, the Supreme Court basically defined the question that they plan to answer here, which is, and im quoting whether an if so to what extent does a former president enjoy president ial immunity from criminal prosecution for conduct alleged to involve official acts during his tenure in office. One, i notice they are totally ignoring his claims of Double Jeopardy. It seems like theyre not buying that at all. But two, hes been arguing absolute immunity, but since they say whether and if so, to what extent is that telling you that they dont buy the broad Immunity Claim right off the bat i mean, its a dangerous game to read the tea leaves too much. And i, though i do agree with you about the Double Jeopardy claim that would never really grabbed me as having a lot of traction. Look, i think excuse me. I think theres a little bit of overstatement which is when they talk about absolute immunity, its still tempered by the need for the actions to be within the president ial responsibilities. So its not really the king can do no wrong, period. Its, he has absolute immunity if the the actions are related to specific duties even the Outer Perimeter of the president ial duties. So its a real nuance term, but it basically comes closer to qualified immunity than it sounds like thats the area with the Supreme Court is going to be tempted to rule. Thats not really what trumps team argued. They bought in on that hypothetical that was floated by the judge about using think Seal Team Six to kill a political opponent. They said, technically, yeah, they did agree with that. So i mean, thats not what i mean. I dont think anyone would consider that to be an official duty of the president right . I hope not. I mean, like i thought that was a bad moment in terms of kind of conceding to the hypothetical that way. And maybe the ultimate feeling tactically is were going to shoot for the stars. But what wed be thrilled if we land at the moon, meaning were overshooting, but we still have that kind of more limited version of immunity to play with. Again, no matter how it went in front of the Dc Circuit Court of appeals, i do think thats where the Supreme Court is going to be wrestling, which is do we afford immunity to acts within that exterior, that Outer Perimeter . Of president ial responsibilities . And i tend to think theyre going to say yes. And thats going to be a huge moment for president. Trump doesnt necessarily mean florida goes away automatically because theres a retention of documents after the presidency, there might be any evidentiary hearings are argument on that, but i think the dc case would be in dire straits great, so maybe by the explicit language, but certainly by a ruling that favors this idea of qualified immunity are you glad that youre not trying this anymore . Or how do you feel about it . I, dont know look anybody thats a trial lawyer when they see other lawyers like man, i should be in there doing that. But i look, i had a fascinating year representing President Trump got to make some really good friends, meet some very interesting people. I dont regret being on it then that i dont regret being off it fascinating is when were jim trusty, thank you for your time tonight and for more analysis on what were looking at tonight. I want to bring in Nyu Constitutional Law Professor kenji yoshino, glad to have you back here. What when you see what jack smith is asking for pushing the trial date, but he wants much earlier than what the trump team and the codefendants walt nauta and carlos deal well, vera, what theyre suggesting it is it somewhere where theyre trying to meet in the middle or what do you make of what happens here . I think what jack smith is motivated by is not november, i think its by june, which is the end of the Supreme Courts term. And i think all hes thinking about is making sure that theres no ambiguity whatsoever about what the Supreme Court said. So the one thing we know that by the end of june, the Supreme Court will have roiled one way or another, and this executive Immunity Claim, and this trial is set for one, the proposed date is one week after the closeup the immunity thing. We always talk about it in the realm of the election interference case. But trumps also claiming that in the Classified Documents case and you heard jim trusty saying there that he thinks he could have an argument on part of it, but its also the willful retention in the obstruction of the efforts to investigate to try to get them back. That is also at play here and also trump was not an office can argue president ial immunity if he was two years out of the office. Yeah, absolutely. So like even under the nixon versus fitzgerald case, which says the language lets quoted by our earlier guests trustee. Youd go to the Outer Perimeter of president ial actions. No one is arguing, right . That taking documents into your own home and obstructing justice or your official acts precedents in a ballroom, a bathroom, clearly beyond same if immunity right. In his filing, what you could see is that trump was leaning heavily on being the republican nominee in which hes not yet, but it seems like hes on the path to do you know, they talked about the dates of the Republican National convention. They talked about other campaign dates. How does the judge look at that . Does she take that into . In consideration for criminal proceedings . I think in an ideal world, she should not. Right. I mean, no one is above the law. This is a criminal proceeding. She should just set the dates set where but i cant imagine as a human being should ignore that one of the most chilling things that ive seen 25 years of Teaching Constitutional Law Is The Trial Schedule that Defense Attorneys proposed. And im sure youve seen it as well with our blocks that say a b here is when were going to argue pretrial chilling things, youve ever seen. Well, just this idea that you have somebody whos saying, heres a pretrial motion, and then heres a Republican National convention because it just suggests that this is a very first time in our nations history that weve had individual who is a front runner running for president , who was a former president whos under criminal indictment. This has never happened before us is completely uncharted territory that kind of chart did to pictures worth 1,000 words. It did more than anything else and knocked my socks. Yeah. Hes gonna to put that on your syllabus one day can chief, thanks to have you here to break that down for us. Great to have you ahead. Were also tracking political split screen that weve been watching all day. But just looking at it from the big picture, donald trump and President Biden both at the border 300 miles apart i should note. Is biden did something unexpected, challenging trump to work with him also coming up our oneonone sitdown with senator Bernie Sanders, who says that there are Warning Signs for President Biden in 2024, and also weighs in on the war in gaza sunday. Van jones its home to find out what is driving the divide in tennessee politics. There has been a very active 2030 year effort to separate us. The whole story with Anderson Cooper sunday at eight on cnn when migraine strikes, youre faced with a choice except the tradeoffs of treating or push through the pain and symptoms with you, rally, theres another option one, dose quickly stops migraine in its tracks, treated anytime anywhere. Without worrying where you are or if its too late, do not take with strong cyp 3a4 allergic reactions to the rally can happen. 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