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Alex Wagner Tonight

if the supreme court doesn't grant a certain petition to hear it now, i think you can try this case in the summer. >> that's a lot of things going in the special counsel's direction. >> a number of things have to break his way. but remember, alex, this is in many ways the simplest case. i don't mean to suggest that any case is easy, it's a one defended case, only mr. trump is charged. but only for charges. so in terms of getting this thing to trial, we're not dealing with classified information, as you are in the mar-a-lago case. you don't have to be under 97 defendants, as you do in the fulton county case. this is an easier case to get to trial. no case is easy to, when because the government has to meet a very high burden. but if things break in the right way for the special counsel, yes. you can try this case before the election. >> history being made every hour, every day, every week, every month. chuck rosenberg, dan pfeiffer, thank you both for your time

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Alex Wagner Tonight

immunity question, could be sent to another court to decide. and delay this in an even more meaningful way than just the back and forth between the appellate court and the supreme court. >> by the way, if mr. trump's lawyers had not taken an absolutist position, this is the logical argument for them. they could've said, sure, there might be a circumstance under which a president or former president could be prosecuted criminally. but this one isn't it. all they had to do is argue that what he is charged with in the underlying indictment was an official act. and then it's not an enormous leap to claim immunity for official acts. but they didn't do that. to your earlier point, they staked out this absolute disposition, painted themselves in the corner, and of course judge henderson or another one of the judges was going to ask, precisely that question. because that's the fallacy, that's the weakness in their argument. >> dan, we started this segment off playing some sound from

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Alex Wagner Tonight

in february, of 2021, joe biden had been president for less than a month. >> the united states senate was still in the middle of impeaching the previous president for stoking insurrection. the house impeachment managers, all of them democrats, were making the case that even though trump was no longer president, he had to be impeached because otherwise future presidents would be free to commit any crime or misdemeanor as long as they did so right before leaving office. to rebut that, trump's lawyers offered this counter argument. >> if my colleague on this side of the chamber actually think that president trump committed a criminal offense, and let's understand, a high crime is a felony and misdemeanor is a misdemeanor. the words haven't changed that much overtime. after he's out of office, you go and arrest him. so there is no opportunity

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Alex Wagner Tonight

the prosecutions arguments, but trump and his lawyers may not really have been there to convince the judges anyway. for them, the point may have been the hearing itself. delaying trump's criminal trial, even if it meant explaining the hypothetical immunity and sending commandoes to assassinate your political rivals. joining me now is former u.s. attorney and senior fbi official chuck rosenberg. also with me is former senior adviser to president obama and co-host of pod save america, dan pfeiffer. gentlemen, thank you for being here. chuck, i was astounded and not in a good way by what was said by trump's legal team today in the courtroom. was there anything that they said that struck you as particularly merit us? >> no. >> full stop. >> but i wasn't astounded, because they were very clear about what they were going to do in an appellate case, you on both sides filed briefs. judges read the briefs, the

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Alex Wagner Tonight

of all this beyond the actual question of presidential immunity. there is the potential, the litigation of all of this, has the potential to significantly delay this case. which is seemingly trump's ultimate end goal here. can you talk a little bit more about how meaningful that delay might? be >> sure. so this trial right now is scheduled for march 4th. and i think that date, alex, is in danger. perhaps not doomed, but certainly endangered. every defendant benefits by delay. and mr. trump has open to him some avenues to try and incur even more delay. it's not clear to me that the d.c. circuit court of appeals is going to take a long time to decide this case, i think it's relatively easy. and in the government's favor. but then mr. trump could ask for a full panel hearing, the entire d.c. circuit, to hear it on bond. if he loses, there he could house the supreme court. and there's no guarantee that the supreme court will hear it either. but you can ask. in so the more that mr. trump does these things, the more

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Alex Wagner Tonight

and this is one of the brown immigrants i'm talking about that is coming in here trying to take things away from you. that's what donald trump is saying. i don't know if that's effective in iowa in new hampshire. >> it's a double play, as well. as you pointed, out the birthright citizenship, which he doesn't like either. by the way, if you are born in the united states you are an american citizen. >> unless dom trump gets his way. >> true, true. >> dredging up the ugly specter of birtherism, to me, it's such a reminder of all the reasons why people of color in particular should be horrified by the candidacy of donald trump, and yet, i bring this up to all of you guys, the reality is that voters of color are increasingly either undecided about president biden and looking for a third party candidate, or attracted to the candidacy of donald trump. do you have a working theory about how on one hand this man can be doing things that alienate the latino community, the asian community, and the

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Alex Wagner Tonight

president because her parents were not u.s. citizens when she was born in south carolina. you can call it re-birtherism. joining now is my colleagues, some momentous townsend, michael steele, and alicia mondays, all hosts of the weekend premiering saturday at eight a.m.. it's spanking new. just a little spice. guys, so happy to have you here because there is so much to discuss. and yet, in a way, so little as well. alicia, first off, the birtherism thing, natural chestnut. trump coming out against nikki haley. the question for you is, nikki haley's immigrant background has not been explored as fully as perhaps donald trump would like to be and republican primary. i wonder if you think that toxic line of attack can be a successful one, given the current climate. >> i don't know if it can be successful. i'm curious as to why he is

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Alex Wagner Tonight

consider. if donald trump does indeed go to trial for trying to steal the 2020 election, special counsel jack smith will have stunning new testimony to use against him. according to abc news, dan scavino, who served as trump's deputy chief of staff for communications, told smith's team that as the violence began to escalate on january 6th, trump was just not interested in doing more to stop it. former trump aide nick luna also told federal investigators that one trump was informed that than vice president mike pence had to be rushed to secure location, trump responded, so what? abc news also reports that after unsuccessfully trying for up to 20 minutes to persuade trump to release some store of the escalating statement that day, scavino and other aides just left the president alone to watch the violence unfold on

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Alex Wagner Tonight

incredible. we have an economy that is so fragile. and when there's a crash, i hope it's going to be during this next 12 months, because i don't want to be herbert herbert hoover. >> setting aside what would normally be a career ending statement for a presidential candidate, the other notable thing in that piece of sound is trump's assertion that the u.s. economy is terrible because democrats. trump likes to do that a lot. he has been doing it for a while. in 2020 it was all about joe biden and the policies of the left that would unleash an economic disaster of epic proportions. the irony is that the progressive policies championed by elizabeth warren and bernie sanders and alexandria are ocasio-cortez, what emerged was not a great depression but record unemployment, best jobs market since the 1960s, a lowest uninsured rate in

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Alex Wagner Tonight

of statement? how do you understand that? >> i've seen different statements that have come out that trump has put out since leaving office, and when he was in office. they really consider that there is nothing to do with the underlying issue. that court doesn't really speak to anything in the story. if you read the story and you read what discovery know said, regardless of what the law is and what the evidence may be, it's just not a pretty portrait of what goes on. it's actually pretty ugly. and, you know, if you were a juror and you heard this account from someone who is so close to trump, it is not really adverse to trump. so, it's not like you're bringing in someone who trump has broken with, like, let's say, bill barr, or john kelly. this is someone who's still in trump's orbit, but as we see in that statement. so it would be interesting to me to see at the trial, well, what would the jury see if dan scavino was the one who is saying, yes, donald trump would

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