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Jose Diaz-Balart Reports

it seemed like the special counsel doesn't want that to happen this time. but we'll have to wait and see, jose? >> so, how would an indictment be announced? do we know? >> well, there are a lot of ways it can happen. you know, every day at the justice department news releases are issued announcing indictments. and they generally -- they land in my inbox and there is a summary of the case. and then there is a copy of the indictment that is posted for everyone to see because that indictment was just unsealed. so, what would happen, though, you know, technically is the grand jury would vote, and then that indictment would have to be handed up is the term, handed up. that has to happen in open court. generally happens before federal magistrate. so, a member of the special counsel's team would walk over into the courtroom and hand up an indictment. in d.c., i'm told the practice is to announce the initials. they'll say, do you have an indictment and the grand juror, usually the foreperson, would

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Jose Diaz-Balart Reports

say, yes, we have one against d.t., for example. it is not clear they'll do that in this case. whether that's a custom, not a rule. and it is very possible that they would find a way to do this in a courtroom with reporters wouldn't discover. we're watching for that. at that point there would have either been a request by the prosecutors to seal the indictment, in which case it would be dealed, or not. it is very possible that that indictment could be unsealed and in which case it would quickly become a public record as soon as the d.c. clerk makes it public and posts it to the electronic federal court website known as pacer. and also puts it in the clerk's office for anyone to see. so, that could happen. or it could be sealed for some period of time. if it is sealed, it has to be unsealed by order of a judge, so we'll, again, we'll have to wait and see. >> ken dilanian, thank you for that explanation and that is certainly the legal aspect of this. i want to talk about other aspects as well. i want to say hello to former

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Jose Diaz-Balart Reports

of when, not a matter of if. >> and, catherine, just thinking on your vast experience, traditionally normally the process of a target letter being sent out, and then meeting the defendants' lawyers meeting with the grand jury folks or at least with the doj in this case. what is the process as far as the days, weeks, hours? >> it depends. it could be you meet and then the next day the same day, the next week, the prosecutor goes into the grand jury and says at this time, members of the grand jury, i leave you to liberate and vote. that's typically how it's done. you do a long-term investigation, you want to make sure you have crossed all your ts, dotted all your is. if you've given the defense an opportunity to speak, you can make sure for justice sake we spoke, you know to the defense, we decided we're still going to

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Jose Diaz-Balart Reports

of a target letter a week ago is the strongest confirmation of an expected indictment as all of our contributors and prosecutors indicated. it is exceedingly rare for someone to receive a letter like the one donald trump said he received more than a week ago and not have federal charges follow thereafter. so, that's been the north star in guiding how we have approached this. i should say also that, you know, people close to donald trump, his allies, both politically and legally, have been make the case to their colleagues, and sort of more broadly that they expect this is coming. it has become part of his campaign message. donald trump, since several months ago, but especially since the receipt of this letter, has been running on the idea that he is being targeted and he expects to be indicted. and he's using it as an opportunity to argue that he's being indicted on behalf of his supporters. i think the trump campaign and the kind of broader orbit of his allies in congress and politically have been expecting this for some time as a matter

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Jose Diaz-Balart Reports

we saw pre-title 42. this could lead us back to high numbers at the border and it could impact a vulnerable population because they have young children. >> the justice department filed that preliminary injunction in the texas buoy case. what do we know? >> reporter: that's right. what they are asking the judge to do is to order texas to remove those buoys while this case plays out. it's unclear if that will happen. they say it's posing such a problem, both to the operations at the border, mainly to public safety. they think it could lead to more drownings along that 1,000 foot area in the rio grande. >> julia, thank you very much. i'm jose diaz-balart. you can watch highlights from today's show online. thank you for the privilege of your time. andrea mitchell picks up with

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Jose Diaz-Balart Reports

you know, you try to plead your case on behalf of your client. so, you know, this is -- they should have done this, they're doing it now because you want to make sure as a defense attorney you can tell your client that you have done everything you could to prevent, you know, the inevitable from happening and it didn't work. so i think the inevitable will happen in this case, but it hasn't happened yet, so i don't want to, you know, make a prediction, but i think this is the last-minute attempt. >> and so, catherine, we don't know if necessarily the -- any of the trump legal team did in fact meet before this morning with smith's team. could it be that there have been more than one meeting? because it does seem unusual for this meeting to be the only one carried out, just moments before, possibly, the indictment is revealed. >> i agree. as i said, i would be surprised

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Jose Diaz-Balart Reports

about what is actually going on in jack smith's office at this moment. we do know the trump lawyers as ken noted are meeting with the special counsel's team. it is unclear what exactly this meeting is about, though. we do know that historically and previously trump has been extremely reticent to cooperate, hasn't wanted his lawyers to make the case about why he shouldn't be charged with the mar-a-lago documents, for example. his lawyers at the time, they had -- instead of advocating for the special counsel not to charge trump, they went in there, in their meeting with jack smith, and actually tried to argue that there was prosecutorial misconduct. and that the case overall, what was unfair and because of this misconduct they had claimed that he had acted inappropriately to a lawyer representing a trump ally, that there should be some repercussions there. so it is -- something big is in

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Jose Diaz-Balart Reports

possession, those crimes in those years, if this plea agreement is expected, you know what, jose, i think we need to go to you on another -- >> yes. if you would. i apologize for the interruption, tom and catherine. we have breaking news in the special counsel's election interference case. i want to bring in nbc news' correspondent garrett haake. what do we know? >> reporter: well, jose, we're able to report now from two sources with direct knowledge of the situation that two of donald trump's attorneys have just been meeting with the special counsel here in the office building behind me. we saw very similar meeting a few days before the announcement in the classified -- the announcement of an indictment in the classified documents case came through. as tom and others have outlined, this is the kind of thing you see with attorneys coming in to try to do a last minute negotiation, convince prosecutors not to make charges against their client. we don't know the specifics of this meeting here, but it was widely reported that the attorneys were seen arriving

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