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The Lead With Jake Tapper

someone for a few weeks, he wanted a different person on his team, despite the others that have been dealing with this investigation for 2 1/2 years. steve sadow, what do we know about him and what he's been brought on to do? >> well, he's another prominent criminal defense attorney. the guy trump had before, drew findling, also a prominent criminal defense attorney. but it seems like for whatever reason the trump team wanted to make a switch. again, they're not really giving a clear answer for why that is. i think one of the things we saw with drew findling is he was starting to get a lot of attention in the media. that's not necessarily something that donald trump has loved in the past. they've still been pretty complimentary, essentially, sending drew on his way as they've replaced him with steve sadow. but it's clear that they wanted to make a change and this was something that donald trump felt more comfortable with. we've already seen a little paperwork. this is the kind of job where you do have to hit the ground running. and we'll see how he goes with the district attorney. >> and he's pretty well known in atlanta. he's represented t.i., usher,

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Alex Wagner Tonight

as well as the federal case. you could see overlap in the fani willis indictment if it is issued and it involves fake electors and what jack smith is looking, at because this is not unique. the georgia story is not unique, the michigan story is not unique. all the states that you named earlier were all essentially consistent. this is washington consistent expert to generate fake electors as one part of this multi step plot to prevent the transfer of power. >> tim, just looking at the magnitude of the legal dragnet, just the size of the dragnet that is hanging over the former president's head, it is astounding. given your granular understanding of all of this, does it surprise you that you are seeing so much action at the federal and state level in and around january six? >> no, alex. the facts is what is driving this. early in this light committees investigation it was pretty obvious to us that those facts were pretty compelling. the facts were pretty consistent, the facts

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Alex Wagner Tonight

investigations integrity. and i also believe that in appointing a special counsel at this time, it is the right thing to do. the extraordinary circumstances presented here demand it. >> and that brings us to the work of that special counsel today. we know that since jack smith's appointment, a grand jury has heard testimony about everything from trump's efforts to get mike pence to overturn the election, to the scheme to send a slate of fake trump electors to washington, d.c., to trump's intent, and whether or not he really thought the election was stolen, to whether trump was defrauding his donors with fake claims of election fraud, just to haul in cash. and that grand jury has heard from just an extraordinary number of witnesses. they heard from trump aides, like mitt luna and john mcentee. they heard from trump's closest advisers, including stephen miller, and dance camino. they heard from several of others trump's white house lawyers, like pat cipollone and pat philbin. and they heard from members of trump's inner circle, trump's

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Alex Wagner Tonight

chamber, she can double check something, someone can raise something. but we are not documents. we are going to get this answered. we are gonna get a real preview and i would say that there is a problem for trump's team and that they are now making the argument, judge, there's so much classified stuff and their security clearances and this is such a process, so we need more time. i thought your boy declassified all the stuff in his mind. i thought nothing was classified. and so, to be clear with viewers, that is not going to be a legal issue at trial -- >> they're just saying -- >> it just speaks to, i think the finest and the idiocy of some of the defendants kind of made up, it's a nice way to put it, or blatant lies in his defense. ultimately, his lawyers are entitled to make many arguments on his behalf. but it is a reminder that they have a problem. and then the second thing, you don't need to be a lawyer. you're so confident of winning. let's get going. this is the legal version of, we all know somebody like this, hold me back if you let me fondue, and then if you let him

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Alex Wagner Tonight

all the other rights the criminal defendants have beyond reasonable doubt, a unanimous jury has to convict him. if one juror says he is innocent, he can't go to jail, all of that he gets. you don't get some special right because you were the former president or because you are running for office. and you certainly, like, nobody gets a one and a half year trial delay. i mean, give me a break. and trump's rationale which is the mar-a-lago case is so complicated that he can't be tried for a year and a half is just bizarre because it's like all of a sudden, magically, the complications seemed to dissolve right around november of 2024 -- excuse me, mid november 2024. i have never seen any sort of, and i handle all sorts of complicated legal cases. i've never seen one which has, like, a magic sell by date, which is not complicated enough after a presidential election. i mean, the whole thing just smacks some absurdity.

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Alex Wagner Tonight

-- i think there is a new e. jean carroll trial that is going to take place in new york that is going to take place sometime next year as well. so, there is a lot of different litigation activities, and criminal ones, as i said before, trump has to be at. and so these do have to all get coordinated. and trump's plan is to try to delay them all -- all of them -- until after the november 24 election. that is just not going to hold water. i can't imagine that judges are going to go for that. it just seems like a transparent attempt to try and delay and possibly squash the prosecution with a republican income to get ministration that orders the prosecutions dropped. >> but neal, can i just ask, in terms of the pecking order here -- i was talking with laetitia james, the new york a.g., a couple of weeks ago, and she suggested that if the federal indictment on january 6th came down anytime soon, that she would adjourn her case and that alvin bragg and fani willis might adjourn those as well, i guess, in deference to the federal case which --

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Alex Wagner Tonight

and you know, and ari is exactly right, this guy trump is saying, i'm innocent, i did nothing wrong, if you so much believe that, then go prove it up in a court of law. you are getting a chance now. >> i mean, speaking of this sincerity of the defense, ari, is there anything to the amount of material that the defense has to sift through, right? they are citing 1.1 million pages of search warrants and info, and evidence, and witnesses, and a grand jury transcripts. and three and a half years of security camera footage. is there any credence to that as reason for a delay? >> i mean, there is a version, proportionate credence that you said, you're not gonna do this in a week. this is a misdemeanor trial -- miss demeanor proceeding. other than that, no, as neal said, while the case does have some complexity and government rules that have to be adhered to, i don't think it would take nearly as long as i would say. and as i emphasize, they kind

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Alex Wagner Tonight

understand that everybody is talking to the same people but they are not coordinating with each other, in the way that you point out the special counsel's -- and very much the states are to. there is no coordination there. i do wonder, because it looks as a fani willis is ready to hand down an indictment, or ready to bring in indictment against donald trump for his role in the georgia fake electors plot, or the efforts to swing the election in her state, is there anything stopping the arizona a.g., or the michigan a.g. from issuing their own charges against donald trump given that one state agent is? >> no, there's nothing stopping them from issuing separate indictments to specifically correspond to the individuals in the indoor states. the jan sixth federal case, however, seems like the umbrella if president trump himself and other sort of senior campaign officials or lawyers instigated this plan in multiple states, than they have exposure in all of those states,

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Alex Wagner Tonight

the. defense pointed to the 1.1 million pages of evidence produced by smith's team, including 1545 pages of classified evidence. and they pointed to the more than three years worth of surveillance footage that has been submitted as evidence. jack smith's team, the prosecution, counter that it has already pointed trump's lawyers to the specific evidence that actually matters here. in other words, the defense doesn't really need to watch three years of security camera footage. trump's defense team also argue that trump could not be tried fairly while he was running for president. unless they are arguing the trial should be pushed to next november. jack smith's team, on the other hand, once the trial to start this december. now, it's not exactly a secret that trump is likely to pardon himself if he wins the presidency again, and he's in office once the trial begins. so, the timing here is deeply consequential. but the hearing today ended without a decision from judge cannon, who said she would issue everton order promptly.

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Alex Wagner Tonight

the deadly violence for obvious reasons. he thought it was all justified. he incited it. and he supported it. >> we know from reporting that the january 6th committee's presentation lit a fire under the justice department. it was impossible to ignore. attorney general merrick garland had been prosecuting cases against many of the riders who joined on the capitol that day. but there was disagreement within the justice department about how much its investigation should focus on trump himself. but after the january 6th committee presented its case last summer and last fall, it was clear that trump's behavior warranted a federal criminal investigation. and while the january 6th committee was finishing up its final report, merrick garland made an announcement. >> i have concluded that it is in the public interest to appoint a special counsel. i strongly believe that the normal processes of this department handle all

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