Oliveira, do not enter a plea he needs to still lock in some legal representation, with both trump and his valid walt nauta pleaded not guilty to their scheme to delete Security Footage that of maralago. A wall that classified documents case continues to move forward, so too does jack smiths other case, the one in washington d. C. Todays Special Counsel prosecutors revealed when exactly they hope the court will schedule that court. Jack smiths team told the court they want to begin the 2020 election case against trump on january 2nd. Prosecutors argued in the filing that starting the trial on a second day of the new year before any of the nominating contests would vindicate the publics strong interest in a speedy trial. Now we do not know whether the court will agree to that date and trumps legal team will almost certainly push back, but if the government heeds accords governments wishes here then wow, donald trump has a very busy dance card in the month of january. Take a look at this. Potential Criminal Trial on jaunary 6 and then 40 days later, the fourth anniversary of the capital insurrection. January 6th. Nine days after that is the Iowa Caucuses which is the first contest of the 2024 president ial primary, and then sometime around that likely the very next day, trumps legal team is scheduled to be in court for his second Defamation Case against journalist e. Jean carroll. And the less than two weeks later trumps legal team is due in court again for a Class Action Lawsuit brought over his role in a grift involving video phones in the early 2000s. Just so were clear here. In the same fourweek period, donald trump could be facing legal jeopardy for alleged attempts to overthrow democracy and conning people into buying crappy video phones that really looked a lot like portable dvd players. He is truly one in 1 million america. And, whatever the judge decides, the Special Counsels team is wasting no time in preparing for an early trial just minutes after requesting that early january trial date, doj prosecutors issued a separate filing saying that the 2020 election case may include a small amount of classified information. They asked the judge, tanya chutkan, to discuss this matter at a hearing at the end of this month which is interesting information. Keep in mind that all of this is happening the day before a very important hearing in this case against donald trump. Tomorrow judge chutkan is gonna hear arguments from both a defense and the prosecution about whether to grant a protective order here. And that order would prohibit trump from Sharing Evidence in this case with the public. Now, so far there is very good reason to believe that trump would want to do just that. Donald trump spent the last week very publicly attacking the prosecutors in this case and other cases. His comments have not been subtle. Here was last night in an interview with newsmax. Fani willis the prosecutor in georgia. What are your thoughts of this woman . She is not a capable woman. Jack smith, hes like a deranged individual, like a deranged human being. Hes a sick puppy. Those kinds of comments, those kinds of comments are a real challenge for trump. He cannot seem to stop saying them, and his legal team, it is also a challenge for them, because they cannot seem to convince him to stop saying them if he wanted to. But those comments are also a challenge for the judge overseeing this case. A judge who has to balance trumps legitimate First Amendment rights as a president ial candidate with the reality that trump is already very much targeting the judge and the prosecutors in advance of a Criminal Trial. And he appears to have a predetermined strategy here, which is to talk as loudly and as much as possible to shore up his defense. Joining me now is chuck rosenberg, former prosecutor and senior fbi official, also glenn thrush, correspondent for the New York Times who covers the justice department. Thank you so much for being with us tonight. You are an important acid here in msnbc in terms of understanding the nuance of the law. My question is, how difficult a position is judge chutkan in right now, in terms of balancing what seems to be flagrant abuses of the position of a defendant in a criminal case and trumps legitimate right to talk about what may be a very put potent weapon going into a president ial contest . I think you framed it absolutely right alex. Weve never had as a criminal defendant somebody who was also likely to be a Major Party Nominee for president. So judge chutkan has to balance those First Amendment rights. His interest in campaigning, his right to speak about the campaign and the promise for office with the needs of Criminal Trial which include a lot of restrictions on a lot of defendants in a lot of ordinary cases around the country. As you know, there are restrictive rules in this particular Federal Court that limit what a defendant can say, limit what lawyers can say and give a judge the right to oppose strict conditions on them. A whole separate question of course is whether mr. Trump will abide by any of those restrictions. Hes not very good at that, as we know. Glenn, i dont think i am getting ahead of myself. I dont think trump has any inclination stop himself as evidenced by his own lawyers. John lauro, one of his attorneys in this case was a doing the sunday shows doing the things youre not supposed to do, so if your lawyer is doing that, you can imagine youre not getting legal advice to the contrary. Up to this point, trumps general position has been to flout authority, and i have a hard time imagining its gonna be any different in this scenario . This is a morass. There are two reasons why the judge issues a protective order. To keep the jury pool from being tainted so the defendant cant be there talking about information it makes it very hard to joyous a jury pool, and the matter of seeking to intimidate witnesses through his clear public statements, which is also something weve seen in the maralago case. The one thing we know is that jack smith the Special Counsel doesnt want to get caught into this trap, into the trap of being a revisiting of these very lenient bond terms. Trump was virtually no conditions were imposed on his bond, because smith understands the potential problems with this. I think the judge is also in that case. So the question is, is it okay for him outside the courtroom to beat the hell out of the judge, to demean a prosecutor without necessarily violating the protective order . It might very well turn out that as long as he stays within the confines of not discussing the substance of the case or witness intimidation, that saying these seemingly outrageous things about the arbiter in the case and his main opponent legally might be within the lines. But trumps disruptive. The entire january 6th incident and the indictment that was filed against him is one litany of Progressive Disruption and to expect it to and at the Courthouse Door is just not realistic. I completely agree and then the question is what sort of punishment awaits him on the other side . Chuck, short of throwing him in jail which seems an impossibility while he awaits trial, as it finds . Is that the recourse that is on the table here . There are different ways to think about it. I agree with glenn, i dont his bond would be revoked. I think the practical difficulties of putting any former president with secret Service Protection is enormous. But there are remedies. You touched on one, alex. A judge can hold anybody who doesnt obey a lawful court order in civil or criminal contempt. But theres Something Else unethically auto mention it. Look at what happened in the federal case in the Southern District of florida. The government superseded with additional counts including additional counts of obstruction of justice. So if mr. Trump crosses that line, i think the government is just gonna have to just accept the fact that theyre gonna be criticized and denigrated. But mr. Trump crosses the line and starts going after witnesses, intimidating, threatening, or harassing witnesses, thats a separate federal crime. And the government has the authority to go to a grand jury and ask it to indict mr. Trump for those additional crimes. Look, it may be the case that nothing stops him. And maybe the case that nothing slows him down, but there are remedies for the government and for the judge. Yeah, adding more charges to what he already has mounting. That could be an incentive. We may see, we may not see. Glenn, i have to ask you about i will call it in easter egg, i dont if you think about it the same way. This notion to maybe some classified document involved in the discovery. Do you have any sense of where we may be going on that . Not, that was pretty interesting i must say. I dont know quite with that would pertain to. We have enough mystery with the Unindicted Coconspirator number 6, were all puzzling trying to think through that could be. This was actually quite a surprise, the fact that during the smaller of classified documents indicates that its not a big issue. The one area i would say i scanned through the indictment to look for potential areas where that might be the case, there was some discussion about meetings in the white house involving National Security, meeting with milley in one of the infamous oval office encounters with various doj officials. So there was this bleed over between those meetings and some of the doj meetings. The other issue is, in the indictment, smith also refers to the director of National Security and other folks involved in the intelligence community, giving trump counsel that all these various schemes were illegal. So there is some brushing of shoulders with areas that could be potentially classified, but your guess is as good as mine. It would be ironic if it was mark milley who was the Subject Of Administer document waving around that is not worked its way into the maralago case. Chuck, does the entrance of classified material in this case potentially slow things down given the fact that trump S Defense Team is looking for any reason to delay these trials and will presumably make an argument to delay the classified certification, to process, could that slow us down in an unfortunate way here . Theoretically, but really alex it shouldnt. The classification procedures act, the act to use when you have classified documents that the government wants to use at trial can be a little bit cumbersome, but if youre talking about a small number of classified documents, it really shouldnt act as a break in these proceedings. By the way, i think glenn is right. My sense is that when Senior National intelligence officials come to the white house to brief the president , they often bring with them memos or power points, sometimes charts or maps or diagrams. Those are often locked as highly classified, in part because they go before the president , and if those senior officials who were briefing mr. Trump and who were telling him that he had lost the election, there was no interference from venezuela with the voting machines, if they are giving him classified information, some of it may be in writing and subject to the classification procedures act. Fascinating that it may all go back to fraudulent claims about International Interference in the 2020 election. Chuck rosenberg, and glenn thrush, thank you for much your time tonight. We have much more still to come this evening. Brand new propublica reporting on little luxury items lavished on Justice Clarence thomas. Youre not gonna believe the news. Plus republicans plow full steam ahead on the Biden Crime Family boondoggle. There is a why in here somewhere and we are going to get to it with claire mccaskill. Thats coming up. Detect this living with hiv, i learned i can stay undetectable with fewer medicines. Thats why i switched to dovato. Dovato is a complete hiv treatment for some adults. No other complete hiv pill uses fewer medicines to help keep you undetectable than dovato. Detect this most hiv pills contain 3 or 4 medicines. Dovato is as effective with just 2. If you have hepatitis b, dont stop dovato without talking to your doctor. Dont take dovato if youre allergic to its ingredients or taking dofetilide. This can cause serious or lifethreatening side effects. If you have a rash or allergic reaction symptoms, stop dovato and get medical help right away. Serious or lifethreatening lactic acid buildup and Liver Problems can occur. Tell your doctor if you have kidney or Liver Problems, or if you are pregnant, breastfeeding, or considering pregnancy. Dovato may harm an unborn baby. Most common side effects are headache, nausea, diarrhea, trouble sleeping, tiredness, and anxiety. Detect this i stay undetectable with fewer medicines. Ask your doctor about switching to dovato. Oh stuffed up again . So congested you need sinex saline from vicks. Just sinex, breathe, ahhhh [sniffs] what is wow baby daddy. Sinex. Breathe. Ahhhhhh i heard you yesterday refer to them as a crime family and that this is organized crime. So make it easy for us, what was the crime . Well the crime is the Trading Policy for money. Which policy . What we are going to get into that. For months, months, House Oversight chair james comer and his republican allies have been suggesting they will finally be able to get into the evidence about the Biden Crime Family. The Biden Crime Family. And now, the House Oversight committee has released a memo showing more than 20 million in payments from entities in russia and ukraine in kazakhstan to the biden family and their business associates. But there are no direct payments to joe biden. Theres no evidence that joe biden was even involved in any of this. In other words, they still havent gotten into that. This is now the third memo the fails to show evidence linking President Biden to his sons private business dealings. But the Oversight Committee says it doesnt have to show payments linked to biden to prove he is corrupt. Joining me now is claire mccaskill, former democratic senator from missouri. Claire, thank you for being here. Im trying to make sense of my position here. Because they havent actually got into the substance of this very incendiary claims that they are making about the biden family and then another part of me thinks, at your own peril ignore the machinations of the rightwing. Where do you stand on this . First of all, what hunter biden did was dumb and had the great appearance of in propriety, may not have been illegal, but joe biden didnt do it. And by the way, we have a long history of Family Members playing of president s to try to make money. Going all the way back to fdr, we had Richard Nixons brother. We frankly had billy carter who was taking money from libya. So what drives me crazy about this is the blinking red light around Jared Kushner. Why does the senate not start a hearing . Lets just briefly walk through what Jared Kushner did. He was put in to run a hodge par folio in a government where he had no experience. Running Foreign Policy in the middle east peace process. He has no experience. What does he do . First he becomes best buddies with the crown prince of saudi arabia. He gets trump to go to saudi arabia for his first trip. He has the crown prince in the white house dining room. He does all that. And what happens the minute Trump Leaves Office . He starts for the first time a private equity fund. He goes over and asks the crown prince for Two Billion Dollars. And you know what the Committee Said that runs the Sovereign Wealth Fund for saudi arabia . They said, this is a really bad idea. They did their Due Diligence and failed miserably in every test of Due Diligence. And Management Fees were excessive. They recommended against making a Two Billion Dollar investment. Of course, the crown prince came along and overruled him, and gave Jared KushnerTwo Billion Dollars. Now compare that with mnuchin who was treasury secretary, he was the crown prince to try to trade off his trump connections, and instead even though he had run an investment company, he only gave him one billion and paid him less in Management Fees. This is a huge scandal. I do not understand why the senate is not doing a hearing on all of the trump grift. And im not even talking about the money they made off foreign governments while they were in office. I absolutely hear you. Im sorry, im fired up on this i feel we have to talk about. I think you wonder if the answer to that question is if you are looking at hunter biden, why not look at Jared Kushner is the reason democrats for example not leading the charge on that is because there is a tacit ack