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Defer and she said she won't, but willing to defer to the federal prosecution knowing there's a definite timeline because of the possibility that donald trump will become the nominee could get elected? could throw the whole federal case out whereas hers can stand as a state prosecution? will she to defer to jack smith on the calendar? >> reporter: i think what's interesting, her posture all along has been this process is her process. what happens outside doesn't impact this investigation. the timing of this investigation. during that news conference last night, she mentioned that that would be...

Go with this. but by doing what she's doing, she is going to be prosecuting donald trump. and, go ahead with others, as long who's knocking to complicate the federal case. she is creating potential new witness statements, that donald trump's attorneys can use in cross examining those witnesses, multiple statements are never good for witnesses and good for prosecutors. and, potential discovery issues that could be happening. and again, allegations that, it's going to look like these are all political prosecutions, and they're just piling on. that's why the dj policies in, place to make it not l...

Actual charges are brought before the grand jury. it is an indictment that comes next if the grand jury agrees with that, and grand juries generally do agree with prosecutors who bring charges like this and ask for indictments. the georgia case is significant for two reasons. number one, it is a state case. so that even if donald trump were being elected president, he can't pardon himself for a state prosecution. so in terms of the january 6th cases, georgia stands alone. of course, the second part of georgia in fulton county is that they do have a policy of general granting cameras in the cou...

Isn't that double jeopardy if someone's tried once by a state, once by the feds. it's not. they are different governments really that way, and whale it's true that, you know, trump could try this untested route of pardoning himself he'd have no shot at all trying to do that with a state prosecution. >> what do we know about this judge in this federal case? we have seen this judge that's overseeing that case issue a protective order that's barring trump from publicly disclosing some of the sensitive information, and she's even gone as far as to say if trump makes any inflammatory statements tha...

The Judges Have Rejected a Lawyer's Claims of Secret Meetings, Early Opinions and Dragging the Trial On, Asking That the Outcomes Be Looked at in the Context of the Complex Cases