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donald trump's facing scheduling conflicts. he's asked the judge to delay special counsel jack smith's federal trial on election interference until 2026, two years after the prosecutors asked for the trial to began, a year and a half after the 2024 election. -- january 2nd, 2024 star, but trump's attorneys say that the complexity of the wall -- to me. how can donald trump balance all of the scheduling demands of all the cases while he's also a candidate on a campaign trail? >> you remember it was infrastructure week every week during the trump presidency. it feels like lately it's been indictment week every week since the trump canada say. what you're gonna see seeing forrest gump using all these different cases against him to argue for further and further delays. obviously, jack smith came with a pretty narrow scope in what he's charging at, least as far as the election overturning case, the attempt to overturn the election case.
but all the other defendants and their lawyers, particularly the schmoos, there's no way. it's up to the judge. the judge in georgia decides when the trial will happen. >> a quick question for garrett haake, who has covered capitol hill for years. we heard from former speaker newt gingrich, who is a former speaker from georgia, former house representative from georgia, saying, fellow republicans, house republicans, fire all the federal prosecutors on this case, fire everybody you can, cut off the money, basically, to jack smith as of the end of september when the budget year ends. there's a senate that could override that. what is the threat as well that jack smith could have his hands handcuffed, if you will, by members of the senate as well as members of the house? >> reporter: look, that sounds
how will the fact that this will play out in a state court in georgia, where television cameras will likely be permitted, how does that change the case? what will it look like at the courthouse? joining us now is former district attorney robert james. thanks so much for being with us. you know the process and how it's going to play out in the courthouse. how will reporting to the courthouse work for former president trump and his allies indicted in the case whether they first come for their arraignments? >> sure. before the arraignments, in georgia, when someone is indicted, there's a grand jury arrest warrant issued if the case didn't originate with a police officer, like this case. the first thing that's going to
grandstanding. it's just to be made aware of what you are charged with. that's when things start after that arraignment. that's when the motions start getting filed. that's when you get a potential trial date. that's when the fireworks half after that. >> knowing how this works and presuming you have read the indictment and you have seen the evidence that she has laid out, what are the charges between now and when we see those folks go in for an arraignment that talks begin for the possibility of a deal that someone might flip? what would d.a. willis look at in making a decision about whether or not to offer someone a deal? >> sure. let's start with the last question, what will she look at to determine to offer someone a deal. it's how useful they are. the time for deals is over for the most part, because you had enough to indict the case. you feel comfortable trying the case at this point. if you didn't, you should not
dialogue. you are going to see that continue. as peter noted, any distinction between trump's white house bid and his criminal defense is going to consistently vanish the more charges mounted against him and the more we get into the actual trial dates where he is vacillating between campaign rallies, presidential debates, and appearing in the courtroom and facing witnesses who are going to be presenting and prosecutors who will make the case against him. >> peter baker, how do trump opponents, republican opponents as well as white house opponents, how do they break through indictment fatigue? how do they get voters not only energizing democratic voters, but certainly maybe not maga base but independents, swing voters, how do they get voters to focus on the substance of some of these indictments as
she is a specialist. she's brought on her team a lawyer named john coyt who is known for his fluency with the georgia rico statute. that gives them the ability not only to exceed her jurisdiction in fulton county, georgia, and look at events that took place elsewhere in the state, but it does permit her to include these overt acts that took place outside of georgia as well. >> in reading the indictment last night and this morning -- because i got cross eyed last night. it was very late at night. i was struck by, as everyone was, the level of detail and the way that she went through day and day after day after day, donald trump made this call, this email was sent, it was responded to. devlin, you have been covering the aspects of this case even before we got this indictment, all of the aspects of what happened between the election
op-eds saying this is the strongest and most important case in part because he couldn't pardon himself if he were to be elected president again. where do you put this overall as we look at these four indictments? not just maybe in importance but in strength of the case. >> it's not overkill. i'm clearly biased. a federal prosecutor will say federal prosecutors do it. if you read her indictment in conjunction with the january 6 indictment, this is even more comprehensive. first of all, she indicted those five co-conspirators, the special counsel didn't. he may do that. this is more encompassing than any other of the indictments. >> why is hers more encompassing? >> his is comprehensive. but there are six co-conspirators he left out. i know practically why he did that. >> why? >> if you indicted them, now you have seven defendant indictment
jeffrey clark, who tried to assert significant election concerns had been identified, and a string of lawyers, including john eastman, sidney powell and speaking to the press just before midnight, she rejected trump's accusation on social media that she was persecuting him for political reasons. >> i make decisions in this office based on the facts and the law. the law is completely non-partisan. that's how decisions are made in every case. to date, this office has indicted over 12,000 cases. this is the 11th rico indictment. we look at the facts. we look at the law. we bring charges. >> a big question at this hour, when could an arraignment take place? they have ten days to voluntarily surrender to authorities in georgia. last night, d.a. willis told
and january 6. do you think she did a good job laying it all out? >> i think she did. i think to get to joyce's earlier point, rico really allowed them the prosecutors to cast a very wide net. you see that in this more than overt acts listed here. overt acts aren't specifically or necessarily crimes, they're just things that were done to help the overall alleged criminal conspiracy. and so what you see in this indictment is that there are just tons and tons of overt acts. everything up to and including the speeches that happened on the morning of january 6th. so, what she's really doing is creating a much larger, longer story of january 6th and the efforts to undo that election, compared to the federal indictment, which is a much tighter and shorter story. >> and can you just define overt act for us, for anybody who might be joining us now? >> right, so, you know, i used to cover many years ago mob trials and classic overt act
other officials who have knowledge of how these things play out, that means there's a possibility of fingerprints, mugshots and the possibility of surrendering at the county jail, rather than the courthouse. there are a number of people taking part in the conversations. we are talking about the d.a.'s office, the sheriff's office, who provides security for these things. then, of course, the defendants' attorneys along with a judge who has been assigned to this case. i can say that from my conversations with the sheriff of the county, along with the d.a., her posture and his posture is we don't provide anybody any special treatment. that's certainly something that's notable. as we are waiting to see what these terms of surrender will look like, as the people trickle down to atlanta and surrender, we are hearing from some of the people who have been named in