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CNNW Smerconish July 6, 2024



were so many running that debates, they had a kids table. this time trump announced first and then nikki haley and then vivak, larry elder, asa hutchinson, tim scott, and now ron desantis, who by the way is only 44 years old. by biden/trump standards, he s got three more decades to run for president. so why run now? why get into the steel cage with a wrestler who always carries a foreign object? mike pence said he ll soon make a decision. chris christie sure sounds like a candidate. sununu might get in. even glenn youngkin is taking a second look. so what s going on? maybe that they don t think they ll have to beat trump. that that work will be done by a combination of alvin bragg, fani willis, jack smith and merrick garland. this week trump appeared remotely in a manhattan courtroom in connection with the stormy daniels case. the judge told the parties not to make any plans around the scheduled start of trial, march 25, 2024. trump reportedly reacted by shaking his hea ....

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CNN Smerconish June 4, 2024 13:10:00

Absolutely pick up the phone if you were any of these three prosecutors and you found out another prosecutor s office was looking at the person as you, we do as all the time as prosecutors. i did that as a federal prosecutor calling over to the state and vice versa. there s a name for this process, it s called deconfliction. i hear you re looking at the same person, where are you? shall we share our witnesses, shall we share our evidence, shall we work this separate? i think the prosecutors are wary of creating an absence that they re coordinating. i don t think they want to be subject to that attack by donald trump and you know it would come. i think they are intentionally not dialing up each other s numbers. okay. so to recap, there s a trial date with regard to alvin bragg. we both think that fani willis is going to indict donald trump this summer. relative to merrick garland and jack smith, how about the issue of, we always hear about that ....

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CNN Smerconish June 4, 2024 13:07:00

Office. to take me out for several weeks where i have to sit in a courtroom is going to interfere with that right. so i think that trial is conspicuously timed and i think there s a chance trump may try to get it changed. you know that the washington post and new york times even the washington post and new york times used the word novel to describe the theory where this misclassification was elevated to a felony. when does donald trump litigate that issue, before or after trial? both, michael. he is certainly going to bring a motion to the judge before trial and say this theory under which the charge here is a misdemeanor of falsifying business records, it only gets boosted up to a felony if the records were falsified to promote some other crime and here the theory of the other crime appears to be interference with the federal election, a federal campaign violation but we re in state court so that s the novelty that could be challenged before ....

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CNN Smerconish June 4, 2024 13:11:00

Timetable close to an election, don t go doing anything that will impact the election. will smith and garland be up against that window? they are, michael. i think doj deserves some blame here. by taking this long, by taking two and a half plus years to get around to any of this, they have played themselves into a calendar corner because there is long-standing doj policy and practice that you do not take actions within depending on who you ask 60 or 90 days of an election. as prosecutors, we try to avoid making moves that are going to land in the public sector and have political impact too close to an election. if we do the calendar math here action even if doj brings an indictment either on mar-a-lago or january 6th this summer, which we are in the summer now, realistically you are not going to be able to get to a trial through all the discovery, through all the appeals until at least a year from now. that puts us in the summer of 2024, which according to doj practice is really pret ....

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CNN Smerconish June 4, 2024 13:06:00

Former federal prosecutor and author of untouchable, how powerful people get away with it. elie, i m going through the three buckets, manhattan, georgia, the feds. relative to manhattan, march 25th, is that a firm date? will it really happen? and does he need to be in the courtroom? so, michael, i would say that s a semi-firm date. usual ly when a judge sets a trial date, you would write it in your date book in pencil. things happen, prosecutors often find more evidence, but this judge made a point this week of telling the parties put this date down, do not schedule anything around it. be ready to go to trial. i do want to highlight that there s a possibility trump may go to the federal courts and say we need to push this thing back because this is going to fall right in the middle of the republican primaries and trump is going to argue i m a candidate for federal office. i have a first amendment right for free speech to run for ....

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