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Griff jenkins outside of the u.s. district court in d.c. >> hey, harris, good morning special counsel smith not only tying trump to the january 6 riot despite having not accused him of incitement of that riot in the indictment, he is also pushing for a trial, harris that would fall dead smack in the middle of next year's election. >> since the attack on her capital of the department of justice has remained committed to ensure accountability for those criminal and the only responsible for what happened that day. in this case my office will seek a speedy trial and tested in court and judged by a...

And likely coming soon. and so it's not uncommon in a high profile case for defense council to ask for a meeting to just make their pitch. and prosecutors usually woke up those meetings because there may be something they don't know about the case. if there's information that will change my mind, by all means, bring it on. let me hear it. but i'll tell you what really works. for example, what -- from time to time i would take these meetings. i remember one time where we actually changed our mind about a case, and in the southern plus years i served as u.s. attorney i probably presided over -- ...

Indictment is likely coming, and likely coming soon. and so it's not uncommon in a high profile case for defense council to ask for a meeting to just make their pitch. and prosecutors usually welcome one of those meetings because there may be something they don't know about the case. if there's information that will change my mind, by all means, bring it on. let me hear it. but i'll tell you what really works. for example, my former office as u.s. attorney, from time to time it would take these meetings. i can remember one time where we actually changed our mind about a case, and in the seven ...

It is unusual, but not unheard of. when it happens in a high profile case, we are paying more attention. what happened here? they seem to be two problems. first one was that the judge was concerned if he pretrial diversion agreement gave her a role that she was uncomfortable with. not just adjudicating whether it is a breach, or could be a breach of that provision down the road, but it gave her some other decision-making authority it sheet that best left to the executive branch. we've seen the plea documents, i don't know precisely what the language is. we don't know precisely what concerns ar...

To you. one second. >> does that not necessarily mean that donald trump isn't close? they could be dealing with donald trump and others down the line. >> that's an interesting strategy. usually the justice department goes bottom up. they go for the low level people they think they can flip on the higher person and to go after what is obviously, you know, a significant target first is an interesting strategy. i don't know that i have seen that in such a high profile case. >> garrett, i didn't know you were still with us. i'm so sorry my friend. >> i didn't know i was either, katy, we were confu...