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Alex Wagner Tonight

and dependable. our goal is a cleaner, healthier planet for generations to come. for a better tomorrow, we're focused on making plastics better today. >> today we learn who will preside over the federal criminal case against former president donald trump, at least for now. it is judge alien cannon, and if that name sounds familiar to you it's because this is not the first time she has been involved in this. case it was judge cannon who earlier in a documents investigation, appointed a special master to review the thousands of documents seized from mar-a-lago, stalling the governments investigation. higher court later overruled her. and it will be judge cannon who oversees trump's arraignment next tuesday afternoon, and

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Alex Wagner Tonight

and they will file motions to try to exclude it, and on those motions will go to judge cannon. and so she takes out all of the notes that he transcribed in this narrative for him, and he was clearly disturbed by some of his interactions with his current client. let's make it clear, he is still a client. he may not be a client on this matter, but he is at least, as far as we last checked, still representing him as it relates to january 6th. >> and andrew weissmann, you pointed out. will he be a lawyer for donald trump longer than are ripe peach can sit on a grocery store shelf? to borrow a metaphor. you know, it seems like there could be an appeals process involving judge aileen cannon. >> yes, but to that point, she makes a crazy ruling that keeps something out, they have to appeal. it >> delay? >> delay. she makes another crazy ruling, they have to appeal it. and at that point, if it goes past the election in many ways,

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Alex Wagner Tonight

coverage of the federal indictment of donald trump. and laura jarrett, as we were going to break, he started talking about one of the crucial roles that the judge assigned to this case, alien cannon. one of the crucial things she can oversee which is the sufficient evidence, which evidence is allowing into. this talk to me a little bit more about what she might want to stop from being presented as evidence? >> so one of the things we now have a better view of is exactly what prosecutors wanted evan corcoran for. we knew that they were able to pierce through the attorney client privilege, which is viewed as sacrosanct, that is not a small thing to be able to pierce that privilege. in order to do that, they have to show that the advice was used to for the crime, and we now understand much better than i think we did even before, there was so much great reporting. obviously, trump's attorneys want to keep that out. that is very damning evidence,

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The Last Word With Lawrence ODonnell

now have one new question. for every federal district court nominee in the senate judiciary committee in the confirmation hearing, and that, is will you recuse yourself from a criminal trial of the president who appointed you? >> and if i were like those nominees and i certainly don't expect to be one anytime soon, hypotheticals but the second response is, i'll be guided by the skylines that apply to all judges, set forth by i believe justice roberts to come all the way down to the district court judges. i have heard a lot of this concern about judge alien cannon being there. we talked a lot about this on your program, way back when, when she was issuing her rulings about her special master and we all had our analysis of that, which was indicated by the 11th circuit. but one thing neil mentioned, and i think andrew did as well a little bit, now this is not

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The 11th Hour With Stephanie Ruhle

election season as possible. if you have a friendly judge, that is going to provide her some coverage to say well, if he's already running the narrative that this is an election interference, so the closer that we get in the deeper we get into 2024, the more it validates that, and so it's gonna be interesting to see how, with a rocket docket, but a friendly judge, where did he sings converge? >> we'll take a quick break. a special edition of the 11th hour, just getting underway on a friday night. a friday night ke...? ...everyday products... ...designed smarter. like a smart coffee grinder - that orders fresh beans for you. oh, genius! for more breakthroughs like that... ...i need a breakthrough card... like ours! with 2.5% cash back on purchases of $5,000 or more... plus unlimited 2% cash back on all other purchases! and with greater spending potential, sam can keep making smart ideas... ...a brilliant reality! the ink business premier card from chase for business. make more of what's yours.

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The 11th Hour With Stephanie Ruhle

have to accept that this will not be over. before the presidential election, which is what, i think, many people had hoped, no matter who's side you are on, the voters would have some kind of resolution in this case before they had to make their final vote. and i don't think we're gonna get that anymore. >> i think she's actually right on that point, and it's going to be interesting because of the fact that florida has the rocket docket. i've been talking about this. it's not something that has existed in every federal jurisdiction, but doesn't florida. typically the rocket docket is a system where judges are much more aggressive around their counter, trying to move their dockets. in most cases the judge may put a case over for trial for a year, and allow the discovery process to take place that may stop the cloth clock and move things forward. in florida and other jurisdictions that have a rocket docket, it's more like six months. what will be interesting is, from a legal strategy, i expected on trump's strategy is let's push this as deep into

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The 11th Hour With Stephanie Ruhle

before our eyes. so lying to us about this is is just a waste of time. but now having said that it gets to the point, i think one of the aspects of this that i'm really interested in watching, and that is the jury process. i don't trust judge cannon as far as i can to answer. she has already shown or bias, her particularity for trump. now even with the smack on the hand pretty severe smack on the hand by the 11th circuit, i still believe there's more personally that she can play. so that's part one of what to watch. and part two is how this jury comes together. all you need is one to say no. if that one decides, somehow gets through the cracks, pretending they're going to be objective, pretending they're going to observe the facts and apply the law to the facts, and

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The 11th Hour With Stephanie Ruhle

expected him to be, i think he can do the math for himself and figure out that there was a possibility and she would be their judge. that strongly suggests that their decision to come to florida was compelled by the doctrine of venue the requires prosecutors to indict not where they like the politics of potential jurors, but where the crime was committed. so here we, are in judge cannon will have an enormous amount of control over these proceedings if she stays on this case, as the judge who actually hears it. she will be in the spotlight, and sometimes sunlight is the best disinfectant. but i think it's safe to say that jack smith will be preparing if not to call for her formal recusal, to suggest that given the legal standards in the 11th circuit, she should step aside because it will be tough for the public to have confidence in the way she handles this case after the way she handled the earlier matter, and given, not just, you can't recuse that judge because they were appointed by president or

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The 11th Hour With Stephanie Ruhle

because they ruled in ways you don't like. when in the case where there is something truly outrageous, which took place here, then lawyers can into make these motions. it remains to be seen whether she stays with the case. and she does, special counsel will have to be ready for her at every step of the case. >> okay, but tali, should, or would've, could've, the end of the day of judge cannon's call, is it not whether or not she recuse herself? >> it's her call whether she recuse. is it 11 circuits recall whether they resign. i don't think either of those things that was going to happen. i think she's going to be the judge presiding on this case. . and >> how much of a glow is that to jack smith? could she just knock out huge portions of evidence? >> it's a couple of things. i think it really does matter who the judges. first, there are just the low visibility that decisions that judges are making all the time that have an enormous cumulative effect. i'll give you a couple of examples. -- in interviewing jurors, in

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The 11th Hour With Stephanie Ruhle

election, as a little bit of a track record here. stemming from donald trump's efforts to block the government from using records following the search at mar-a-lago. she took steps that the 11th circuit criticized very harshly, saying that she didn't have jurisdiction to take up the matter at all in that she decided that wrongly, it was very resounding criticism. so now the judge, who was assigned to the case, judicial assignment is random, but there was a limited pool of judges in this division. she was one of four in what is known as the wheel. the way that judges are selected today is through a computer program run by the clerk's office lawyers call the wheel because in the good old days here literally was a wheel with all the judges names on it that was spun to determine who would have the case. and so that lingers on. she comes up, and look, jack smith, who has been immaculately prepared prepared every step of these proceedings, always ahead of where we

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