1 00:00:03,200 --> 00:00:08,000 Speaker 1: This is Bloomberg Law with June Brusso from Bloomberg Radio. 2 00:00:09,920 --> 00:00:13,640 Speaker 2: Donald Trump started fundraising off his mugshot less than an 3 00:00:13,720 --> 00:00:17,080 Speaker 2: hour after it was released in the Georgia racketeering trial 4 00:00:17,200 --> 00:00:21,360 Speaker 2: last Thursday, and once again slammed the prosecution. 5 00:00:21,440 --> 00:00:24,800 Speaker 3: To what has taken place here is the travesty of justice. 6 00:00:24,800 --> 00:00:27,800 Speaker 1: We did nothing wrong. I did nothing wrong, and everybody 7 00:00:27,840 --> 00:00:28,240 Speaker 1: knows it. 8 00:00:28,440 --> 00:00:32,240 Speaker 2: The former president is also criticizing the decision of DC 9 00:00:32,440 --> 00:00:35,920 Speaker 2: federal Judge Tanya Chuckkin to set a date of March 10 00:00:36,040 --> 00:00:39,040 Speaker 2: fourth for the federal trial over his alleged efforts to 11 00:00:39,120 --> 00:00:43,600 Speaker 2: overturn the twenty twenty election. That's one day before Super Tuesday. 12 00:00:44,040 --> 00:00:47,880 Speaker 2: Trump called her a biased Trump hating judge on social media. 13 00:00:48,320 --> 00:00:51,440 Speaker 2: Trump's team had asked for a trial date two years later, 14 00:00:51,520 --> 00:00:55,400 Speaker 2: in twenty twenty six, but prosecutors argued a speedy trial 15 00:00:55,480 --> 00:00:58,560 Speaker 2: is needed to prevent the jury pool from being tainted. 16 00:00:58,880 --> 00:01:02,760 Speaker 2: Joining me is former federal prosecutor Michael Zelden. Judge Tanya 17 00:01:02,840 --> 00:01:06,280 Speaker 2: Chutkin said that Trump, like any defendant, will have to 18 00:01:06,319 --> 00:01:09,920 Speaker 2: make the trial date work regardless of his schedule. There's 19 00:01:09,920 --> 00:01:14,160 Speaker 2: a societal interest to a speedy trial. Should a judge 20 00:01:14,319 --> 00:01:18,200 Speaker 2: take into account the fact that he is campaigning for 21 00:01:18,319 --> 00:01:21,839 Speaker 2: president and she's scheduling a trial date in the midst 22 00:01:21,840 --> 00:01:22,080 Speaker 2: of it. 23 00:01:22,760 --> 00:01:26,920 Speaker 3: To a certain extent, I think yes, But overridingly I 24 00:01:26,959 --> 00:01:29,720 Speaker 3: think no. That is to say, I think there are 25 00:01:29,800 --> 00:01:34,160 Speaker 3: circumstances by which people should be allowed to have timeouts 26 00:01:34,200 --> 00:01:37,400 Speaker 3: in the course of a trial or in the run 27 00:01:37,480 --> 00:01:40,520 Speaker 3: up to the start of a trial, but not in 28 00:01:40,560 --> 00:01:43,200 Speaker 3: the nature of the types of timeouts that Trump is 29 00:01:43,240 --> 00:01:46,240 Speaker 3: asking for. For example, whether there be a trial in 30 00:01:46,360 --> 00:01:50,880 Speaker 3: January or March of this coming year, or twenty twenty six, 31 00:01:50,920 --> 00:01:53,960 Speaker 3: as Trump askedport. I think in those broad terms she 32 00:01:54,040 --> 00:01:56,440 Speaker 3: has to say no, I'm sorry, your day job just 33 00:01:56,480 --> 00:02:00,560 Speaker 3: doesn't permit it. But if there's a short time for 34 00:02:00,720 --> 00:02:03,920 Speaker 3: extenuating circumstances, and I think she should be mindful of it. 35 00:02:03,960 --> 00:02:05,960 Speaker 3: And I think he actually is trying to do that 36 00:02:06,000 --> 00:02:09,840 Speaker 3: when she moved the trial from January to March, saying, look, 37 00:02:10,080 --> 00:02:11,960 Speaker 3: it's complicated, you've got a lot of stuff going on. 38 00:02:12,360 --> 00:02:14,120 Speaker 3: I'm going to give you two extra months from what 39 00:02:14,240 --> 00:02:16,760 Speaker 3: the prosecutor wants. And I think that's what should happen 40 00:02:16,760 --> 00:02:17,320 Speaker 3: in this case. 41 00:02:17,560 --> 00:02:20,959 Speaker 2: The defense is arguing that they can't go to trial 42 00:02:21,000 --> 00:02:25,640 Speaker 2: in four months given them millions of documents. The prosecution says, 43 00:02:25,960 --> 00:02:28,920 Speaker 2: you know, there aren't that many key documents, and we've 44 00:02:28,960 --> 00:02:32,880 Speaker 2: created a file of three hundred documents. Quote, it's essentially 45 00:02:32,919 --> 00:02:36,720 Speaker 2: a roadmap to our case. Can the defense rely on 46 00:02:36,760 --> 00:02:39,760 Speaker 2: what the prosecution says is a roadmap to their case? 47 00:02:40,680 --> 00:02:43,880 Speaker 3: No, they have to make their own roadmaps, and they 48 00:02:43,919 --> 00:02:46,480 Speaker 3: have to be able to have enough time to call 49 00:02:46,600 --> 00:02:48,960 Speaker 3: through the documents to make sure that they can create 50 00:02:49,080 --> 00:02:52,320 Speaker 3: their own roadmaps. But in this case, much of the 51 00:02:52,360 --> 00:02:55,800 Speaker 3: documents that form the basis of the case, the heart 52 00:02:55,880 --> 00:02:59,480 Speaker 3: of the case, come from the defendant himself. They are 53 00:02:59,680 --> 00:03:04,640 Speaker 3: his texts or emails from his associates, or documents that 54 00:03:04,680 --> 00:03:09,000 Speaker 3: they've produced in respect to subpoenas. So it's not like 55 00:03:09,200 --> 00:03:13,000 Speaker 3: these are documents that they are lacking familiarity with, and 56 00:03:13,040 --> 00:03:15,720 Speaker 3: so I think that it is not unreasonable for them 57 00:03:15,720 --> 00:03:17,760 Speaker 3: to have a trial date in March. I think that 58 00:03:17,919 --> 00:03:21,280 Speaker 3: if they acquire the resources to look through this, then 59 00:03:21,280 --> 00:03:22,760 Speaker 3: they should be able to the One thing that we 60 00:03:22,800 --> 00:03:24,360 Speaker 3: have to keep in mind is one someump had a 61 00:03:24,400 --> 00:03:25,919 Speaker 3: lawyer worked on this case for a year and a 62 00:03:25,960 --> 00:03:29,440 Speaker 3: half or so and just fired him and hired a 63 00:03:29,480 --> 00:03:31,720 Speaker 3: new lawyer. The new lawyer says, I don't have the 64 00:03:31,800 --> 00:03:35,920 Speaker 3: resources to really call through all this discovery. Well, Trump 65 00:03:36,080 --> 00:03:39,480 Speaker 3: is purportedly a billionaire, and if he doesn't have the 66 00:03:39,600 --> 00:03:43,280 Speaker 3: resources necessary, then Laurel the attorney, he has to say 67 00:03:43,360 --> 00:03:45,720 Speaker 3: with client, we have a trial day coming up. I 68 00:03:45,800 --> 00:03:48,400 Speaker 3: need more resources, and it should be under dependent and 69 00:03:48,520 --> 00:03:51,800 Speaker 3: obligation to make sure that his team is properly resourced, 70 00:03:51,800 --> 00:03:54,760 Speaker 3: because they can't claim lack of resources and get a 71 00:03:54,960 --> 00:03:58,200 Speaker 3: trial delayed, so they can't use it as a delayed tactic. 72 00:03:58,480 --> 00:04:01,600 Speaker 3: But to the sent that they really have honest need 73 00:04:01,680 --> 00:04:03,640 Speaker 3: for additional time, then I think they can petition the 74 00:04:03,640 --> 00:04:06,520 Speaker 3: court periodically for that. But I think she's given him 75 00:04:06,880 --> 00:04:09,400 Speaker 3: a good enough leeway to get this done. 76 00:04:09,760 --> 00:04:13,440 Speaker 2: So prosecutors said the DC federal trial would take four 77 00:04:13,440 --> 00:04:16,679 Speaker 2: to six weeks, so that would push past the March 78 00:04:16,760 --> 00:04:20,000 Speaker 2: twenty fifth date of the New York trial. But Judge 79 00:04:20,440 --> 00:04:24,599 Speaker 2: Chutkins said that she had a phone call with Judge Murchhon, 80 00:04:24,720 --> 00:04:27,520 Speaker 2: who's the trial judge for the New York trial. So 81 00:04:28,000 --> 00:04:29,440 Speaker 2: do you think that they worked it out? 82 00:04:30,120 --> 00:04:33,520 Speaker 3: Yeah? And I think that Brad the district attorney in 83 00:04:33,600 --> 00:04:36,159 Speaker 3: New York, has signaled that he's willing to delay his 84 00:04:36,360 --> 00:04:39,280 Speaker 3: trial to let the federal case go forward. So yes, 85 00:04:39,320 --> 00:04:41,640 Speaker 3: I think that New York will take a second feat 86 00:04:41,760 --> 00:04:45,640 Speaker 3: behind the January sixth trial, and that won't create a conflict. 87 00:04:46,160 --> 00:04:49,640 Speaker 2: What about the Atlanta trial if it starts on October 88 00:04:49,680 --> 00:04:53,000 Speaker 2: twenty third, In other words, if three defendants go on 89 00:04:53,080 --> 00:04:55,400 Speaker 2: trial and it's not Trump, I mean, is there any 90 00:04:55,440 --> 00:04:57,240 Speaker 2: you know, excuse for him there? 91 00:04:58,080 --> 00:05:01,000 Speaker 3: I don't think so. If there is speedy trial with 92 00:05:01,120 --> 00:05:04,479 Speaker 3: Sidney Powell and Cheeseborough or anybody else who wants to 93 00:05:04,560 --> 00:05:08,479 Speaker 3: join it, and the judge severs those defendants from the 94 00:05:08,560 --> 00:05:11,680 Speaker 3: remainder who want to delay the trial, then I think 95 00:05:11,680 --> 00:05:14,760 Speaker 3: the trial would proceed against those who have asserted their 96 00:05:15,080 --> 00:05:18,200 Speaker 3: rights to a speedy trial, and Trump or any other 97 00:05:18,240 --> 00:05:21,479 Speaker 3: defendant can sit in and watch that trial and get 98 00:05:21,480 --> 00:05:25,160 Speaker 3: a preview of how the government's case will come in, 99 00:05:25,440 --> 00:05:27,839 Speaker 3: and there's an advantage to them in that. Of course, 100 00:05:27,839 --> 00:05:30,640 Speaker 3: there's a disadvantage, which is that those three people out 101 00:05:30,680 --> 00:05:33,440 Speaker 3: the speedy trial most likely are going to blame Trump 102 00:05:33,640 --> 00:05:35,520 Speaker 3: and say that they were just following orders and it 103 00:05:35,680 --> 00:05:38,120 Speaker 3: was he who was the culprit, and he won't be 104 00:05:38,160 --> 00:05:40,720 Speaker 3: in the courtroom to defend himself. So there's a un 105 00:05:40,839 --> 00:05:43,159 Speaker 3: in the angle of this thing. But no, that would 106 00:05:43,200 --> 00:05:45,880 Speaker 3: not be a basis in my view, for that trial 107 00:05:45,960 --> 00:05:48,400 Speaker 3: to be delayed because Trump says, I can't be there 108 00:05:48,440 --> 00:05:49,640 Speaker 3: and therefore I'm going to be. 109 00:05:49,560 --> 00:05:53,520 Speaker 2: Prejudiced before we go back to the DC federal trial. 110 00:05:54,200 --> 00:05:58,640 Speaker 2: So it's Cheeseborough who has been characterized as the architect 111 00:05:58,839 --> 00:06:03,320 Speaker 2: of the facal scheme, and Sidney Powell and johnny'sman all 112 00:06:03,400 --> 00:06:06,359 Speaker 2: lawyers want a speedy trial. Why do you think they 113 00:06:06,440 --> 00:06:07,600 Speaker 2: want a speedy trial. 114 00:06:09,160 --> 00:06:13,440 Speaker 3: Well, I think that they think that one it's in 115 00:06:13,480 --> 00:06:16,279 Speaker 3: their best interest to just get this over with. But two, 116 00:06:16,360 --> 00:06:19,240 Speaker 3: I think more importantly, I think there's an advantage to 117 00:06:19,680 --> 00:06:23,240 Speaker 3: somebody like Cheesboro or Sidney Powell, who are lawyers who 118 00:06:23,279 --> 00:06:25,960 Speaker 3: will be able to say in a separate trial of 119 00:06:26,000 --> 00:06:29,760 Speaker 3: their own. All we did was provide legal advice, and 120 00:06:29,800 --> 00:06:32,239 Speaker 3: to the extent that there were actions that were taken 121 00:06:33,040 --> 00:06:38,080 Speaker 3: that contravened the law, that was not our intention. Our 122 00:06:38,080 --> 00:06:41,200 Speaker 3: intention was to say, here are our theories. Even if 123 00:06:41,680 --> 00:06:44,760 Speaker 3: there was a hail mary component to it, it was 124 00:06:44,880 --> 00:06:48,080 Speaker 3: still non frivolous legal advice, and we would rather be 125 00:06:48,440 --> 00:06:51,440 Speaker 3: two lawyers sitting in the courtroom pointing a finger at 126 00:06:51,520 --> 00:06:55,119 Speaker 3: Donald Trump as a person who misinterpreted what they said 127 00:06:55,160 --> 00:06:58,520 Speaker 3: and acted in an illegal way, and not have him 128 00:06:58,520 --> 00:07:02,160 Speaker 3: there to say to the contrary, you guys were the architects. 129 00:07:02,200 --> 00:07:04,799 Speaker 3: I think it allows for them to put in their 130 00:07:04,880 --> 00:07:08,880 Speaker 3: defense of just you know, advising their client without anyone 131 00:07:09,000 --> 00:07:11,160 Speaker 3: pointing back to fingers and say to them, no, no, no, 132 00:07:11,200 --> 00:07:13,720 Speaker 3: you were co conspirators in a criminal trial. So I 133 00:07:13,720 --> 00:07:16,920 Speaker 3: think separating them from the others, probably the lawyer's view, 134 00:07:16,960 --> 00:07:20,080 Speaker 3: is in their better interest in a more streamlined prosecution. 135 00:07:20,680 --> 00:07:23,520 Speaker 2: Now we'll go back to the DC Court. John Loro, 136 00:07:23,720 --> 00:07:26,920 Speaker 2: who is Trump's attorney, said he's going to file several 137 00:07:26,960 --> 00:07:31,640 Speaker 2: motions and one which I think everyone expected, arguing that 138 00:07:31,680 --> 00:07:35,560 Speaker 2: Trump was immune to the charges given that the indictment 139 00:07:35,640 --> 00:07:39,240 Speaker 2: covers the period when he was president. Is that a 140 00:07:39,280 --> 00:07:40,280 Speaker 2: good argument. 141 00:07:40,840 --> 00:07:42,800 Speaker 3: Yeah, it's a good argument in the sense that it's 142 00:07:42,880 --> 00:07:47,320 Speaker 3: not been decided by the Supreme Court. Whether it's an 143 00:07:47,400 --> 00:07:51,160 Speaker 3: argument that will prevail is a different question. And there 144 00:07:51,160 --> 00:07:54,400 Speaker 3: are lots of cases that are sort of dancing around 145 00:07:54,400 --> 00:07:57,559 Speaker 3: this point. Trump versus Vand is one of them. Murder 146 00:07:57,600 --> 00:08:01,560 Speaker 3: that's the Supreme Court case that was just in twenty 147 00:08:01,680 --> 00:08:05,440 Speaker 3: twenty when Trump said he should be immune from a 148 00:08:05,480 --> 00:08:08,679 Speaker 3: grand jury subpoena for his tax records, and the court 149 00:08:08,800 --> 00:08:12,880 Speaker 3: said that though the president enjoys no absolute immunity from 150 00:08:12,920 --> 00:08:17,320 Speaker 3: state criminal subpoenas, and they made the private papers available 151 00:08:17,320 --> 00:08:20,600 Speaker 3: to the prosecutors, so said in that context no immunity. 152 00:08:20,880 --> 00:08:25,720 Speaker 3: Then you had Nixon versus Fitzgerald, where Nixon claimed immunity 153 00:08:25,760 --> 00:08:28,800 Speaker 3: and the court said, no, he's not immune from civil lawsuits. 154 00:08:28,800 --> 00:08:31,840 Speaker 3: And you had PAULA Jones similarly. So there are a 155 00:08:31,880 --> 00:08:35,400 Speaker 3: lot of cases out there which sort of narrow the 156 00:08:35,640 --> 00:08:40,080 Speaker 3: circumstances under which immunity applies, But there's nothing directly on 157 00:08:40,200 --> 00:08:42,520 Speaker 3: points as to whether or not in the context of 158 00:08:42,520 --> 00:08:45,960 Speaker 3: a criminal case against the former president he has immunity. 159 00:08:46,080 --> 00:08:48,640 Speaker 3: I think the question will arise similar to the way 160 00:08:48,640 --> 00:08:52,960 Speaker 3: it arose yesterday in the Mark Meadows case for removal 161 00:08:52,960 --> 00:08:57,080 Speaker 3: to federal court, which was were the actions under inquiry 162 00:08:57,520 --> 00:09:02,600 Speaker 3: undertaken in the official capacity of the officeholder or the 163 00:09:02,640 --> 00:09:05,160 Speaker 3: case of Meadows, the chief of staff, And if they 164 00:09:05,160 --> 00:09:08,720 Speaker 3: were undertaken in his official capacity as president or as 165 00:09:08,720 --> 00:09:10,960 Speaker 3: an official capacity of the case of staff, then it 166 00:09:10,960 --> 00:09:13,240 Speaker 3: makes it a very close questions to whether or not 167 00:09:13,400 --> 00:09:17,120 Speaker 3: immunity and in the case of Meadows, removal applies. So 168 00:09:17,400 --> 00:09:20,439 Speaker 3: he is absolutely right to file the motion, and it's 169 00:09:20,440 --> 00:09:23,040 Speaker 3: a good motion to file. I just don't know, because 170 00:09:23,080 --> 00:09:25,880 Speaker 3: there's not been a decision directly on point how it 171 00:09:25,920 --> 00:09:30,400 Speaker 3: will be decided. A more important question perhaps is, say 172 00:09:30,520 --> 00:09:33,400 Speaker 3: the court, here's the motion that dismissed the case for immunity, 173 00:09:33,600 --> 00:09:35,360 Speaker 3: and the court says, you know what, I don't think 174 00:09:35,400 --> 00:09:37,720 Speaker 3: so I don't think you were acting in your official capacity. 175 00:09:38,040 --> 00:09:41,880 Speaker 3: If that is a decision that is made on a 176 00:09:42,000 --> 00:09:46,000 Speaker 3: legal question, then it is immediately appealable. If the factual question, 177 00:09:46,280 --> 00:09:48,120 Speaker 3: you have to wait till after the trial. So there's 178 00:09:48,160 --> 00:09:52,640 Speaker 3: another whole question of if they're denied their emotion for immunity, 179 00:09:52,720 --> 00:09:55,280 Speaker 3: can they immediately appeal it to the Court of Appeals 180 00:09:55,320 --> 00:09:58,079 Speaker 3: and into the Supreme Court, which, if they can, means 181 00:09:58,200 --> 00:10:01,240 Speaker 3: this case is not going to trial for two years. 182 00:10:01,559 --> 00:10:04,600 Speaker 2: He said he'll ask the judge to pause the criminal 183 00:10:04,640 --> 00:10:07,400 Speaker 2: trial until the immunity issue is fully resolved. But is 184 00:10:07,440 --> 00:10:08,760 Speaker 2: this judge likely to do that. 185 00:10:09,120 --> 00:10:12,120 Speaker 3: No, the judge doesn't seem to have any indication that 186 00:10:12,280 --> 00:10:15,320 Speaker 3: Kiefi's will pause it. But that's not to say that 187 00:10:15,679 --> 00:10:21,160 Speaker 3: if they take appeal of the order denying removal or 188 00:10:21,559 --> 00:10:25,760 Speaker 3: once they get the most dismissed denying immunity, whether they 189 00:10:25,880 --> 00:10:28,640 Speaker 3: have a right to immediately appeal it or not. That 190 00:10:29,000 --> 00:10:32,280 Speaker 3: to me also is an unsettled question, and they will 191 00:10:32,480 --> 00:10:35,040 Speaker 3: ask the Quarter of Appeals to take an immediate appeal 192 00:10:35,040 --> 00:10:38,400 Speaker 3: from it, which if they accept it, will delay the trial. 193 00:10:38,800 --> 00:10:40,760 Speaker 3: If they don't accept it, the trial will go forward, 194 00:10:40,800 --> 00:10:44,480 Speaker 3: and then after the trial they'll file a motion for 195 00:10:44,520 --> 00:10:48,120 Speaker 3: a new trial on the ground that the immunity decision 196 00:10:48,280 --> 00:10:50,760 Speaker 3: was wrong and they should have had immunity. 197 00:10:51,080 --> 00:10:54,400 Speaker 2: Laura also said he's going to make a selective prosecution 198 00:10:54,600 --> 00:10:59,000 Speaker 2: motion that the indictment was brought as retaliation for the 199 00:10:59,040 --> 00:11:03,680 Speaker 2: federal investigation of Joe Biden's son Hunter Biden, which began 200 00:11:03,800 --> 00:11:06,680 Speaker 2: during Trump's administration. He said he'd used this as a 201 00:11:06,720 --> 00:11:08,520 Speaker 2: political prosecution. 202 00:11:08,480 --> 00:11:11,160 Speaker 3: Dead on arrival. I think I don't believe that that 203 00:11:11,440 --> 00:11:15,959 Speaker 3: is viable. I think his most viable motions are motions 204 00:11:15,960 --> 00:11:21,800 Speaker 3: to dismiss because of immunity, and then defenses at trial, 205 00:11:22,200 --> 00:11:25,760 Speaker 3: which are I lack criminal intent and I was acting 206 00:11:25,760 --> 00:11:28,520 Speaker 3: on the advice of counsel. I think that's what this 207 00:11:28,640 --> 00:11:29,480 Speaker 3: trial is about. 208 00:11:30,000 --> 00:11:34,319 Speaker 2: Laura sometimes took an aggressive tone, and the judge had 209 00:11:34,320 --> 00:11:38,000 Speaker 2: to caution him twice to turn down the temperature. Do 210 00:11:38,040 --> 00:11:40,680 Speaker 2: you think his tone was for the media or was 211 00:11:40,720 --> 00:11:44,400 Speaker 2: he just impassioned. I mean, a seasoned trial lawyer shouldn't 212 00:11:44,600 --> 00:11:46,080 Speaker 2: lose his cool, should he. 213 00:11:46,400 --> 00:11:49,280 Speaker 3: No, And Laua has a good reputation from president mind 214 00:11:49,280 --> 00:11:52,400 Speaker 3: who practice in the courts in Florida where Laurel practices. 215 00:11:52,480 --> 00:11:54,920 Speaker 3: They say he's a smart guy and a good lawyer. 216 00:11:55,240 --> 00:11:57,640 Speaker 3: I don't know whether he was posturing for his client. 217 00:11:57,720 --> 00:12:00,200 Speaker 3: That's one of the problems that you often have with 218 00:12:00,240 --> 00:12:02,640 Speaker 3: a client that's the belligerent, that you feel like you 219 00:12:02,720 --> 00:12:06,800 Speaker 3: have to be belligerent too. I was surprised to read 220 00:12:06,840 --> 00:12:09,559 Speaker 3: about the tone he took, and I was also surprised 221 00:12:09,600 --> 00:12:13,480 Speaker 3: to hear him say sort of cavalierly or threateningly. Let 222 00:12:13,480 --> 00:12:15,760 Speaker 3: me tell you this, judge right now, if you make 223 00:12:15,840 --> 00:12:17,760 Speaker 3: us go to trial, I will not be able to 224 00:12:17,800 --> 00:12:20,680 Speaker 3: be effective in my assistance of counsel. So like threatening 225 00:12:20,760 --> 00:12:22,720 Speaker 3: her to say, if you make us go to trial, 226 00:12:23,080 --> 00:12:26,040 Speaker 3: get ready for an appeal if we lose on effective 227 00:12:26,080 --> 00:12:28,520 Speaker 3: assistance to council graud. I just don't think that's a 228 00:12:28,720 --> 00:12:32,320 Speaker 3: good approach to this court or any court to be 229 00:12:32,760 --> 00:12:33,520 Speaker 3: that belligerent. 230 00:12:34,000 --> 00:12:37,280 Speaker 2: Also, it appeared to upset Judge Chuck Kid that he 231 00:12:37,360 --> 00:12:41,960 Speaker 2: had cited Powell versus Alabama on nineteen thirty two Supreme 232 00:12:42,000 --> 00:12:45,920 Speaker 2: Court decision that reversed the convictions of the Scottsboro Boys, 233 00:12:46,120 --> 00:12:49,439 Speaker 2: nine young black men who were falsely accused of raping 234 00:12:49,520 --> 00:12:52,000 Speaker 2: a white woman. He had cited it in his brief, 235 00:12:52,040 --> 00:12:55,920 Speaker 2: and the judge said the cases were profoundly different at 236 00:12:55,960 --> 00:12:58,480 Speaker 2: their core. I mean, why side that case? 237 00:13:00,360 --> 00:13:04,199 Speaker 3: Stuttering because I can't understand it. The scots Boys, as 238 00:13:04,200 --> 00:13:07,480 Speaker 3: you said, falsely accused of rape, were brought to trial 239 00:13:07,520 --> 00:13:10,679 Speaker 3: within six days, I believe, of their indictment in a 240 00:13:10,880 --> 00:13:14,839 Speaker 3: racially charged environment, as was often the case in those 241 00:13:14,920 --> 00:13:19,520 Speaker 3: types of kangaroo court white supremacy based prosecution. To say 242 00:13:19,559 --> 00:13:24,160 Speaker 3: that that is any way analogous, this is I think 243 00:13:24,200 --> 00:13:27,040 Speaker 3: an insult to the court, especially an African American woman, 244 00:13:27,320 --> 00:13:32,240 Speaker 3: to say that somehow my client, Donald Trump analogizes to 245 00:13:32,840 --> 00:13:35,840 Speaker 3: the Scottsborough Boys. You know, I just don't get it. 246 00:13:35,960 --> 00:13:38,439 Speaker 3: I just don't get it, because actually they're an apposite. 247 00:13:38,480 --> 00:13:41,640 Speaker 3: You know, six days versus almost a year of preparation 248 00:13:42,080 --> 00:13:47,600 Speaker 3: and white racially charged prosecution and early neutral prosecutions. In 249 00:13:47,600 --> 00:13:50,840 Speaker 3: this case, I just there was another example of bad 250 00:13:51,000 --> 00:13:52,640 Speaker 3: decision making by this lawyer. 251 00:13:52,920 --> 00:13:56,840 Speaker 2: It's stunning to me that a trialery with his experience, would, 252 00:13:57,080 --> 00:14:00,320 Speaker 2: you know, take this attitude with the trial judge so 253 00:14:00,520 --> 00:14:03,880 Speaker 2: early on, this combative, aggressive tone. 254 00:14:04,200 --> 00:14:07,360 Speaker 3: I don't know. Maybe he thinks that somehow he is 255 00:14:07,480 --> 00:14:11,760 Speaker 3: going to bully her. If he is of that mind, 256 00:14:12,120 --> 00:14:15,000 Speaker 3: he doesn't know this judge, I mean, this judge comes 257 00:14:15,040 --> 00:14:17,679 Speaker 3: out of the Public Defender Service in the disc of Columbia, 258 00:14:17,679 --> 00:14:20,200 Speaker 3: which is perhaps the best public defender service in the 259 00:14:20,280 --> 00:14:23,120 Speaker 3: United States. These lawyers who I've worked with when I 260 00:14:23,240 --> 00:14:25,760 Speaker 3: was a prettyman fellow in the Sure Court of Disco 261 00:14:25,720 --> 00:14:28,800 Speaker 3: of Columbia. We work side by side on cases together. 262 00:14:29,120 --> 00:14:31,400 Speaker 3: These are among the best lawyers in the country who 263 00:14:31,440 --> 00:14:34,320 Speaker 3: are used to very hard fights. If he thinks he's 264 00:14:34,320 --> 00:14:38,360 Speaker 3: going to come into her court from Tampa, Florida with 265 00:14:38,480 --> 00:14:41,520 Speaker 3: bravado and try to sort of roll her in some way, 266 00:14:42,000 --> 00:14:43,600 Speaker 3: he needs to go back to Florida. 267 00:14:44,040 --> 00:14:46,560 Speaker 2: Let's switch to Mark Meadows, which I mean was a 268 00:14:46,560 --> 00:14:50,800 Speaker 2: busy day yesterday. So Meadows fought testifying to the January 269 00:14:50,840 --> 00:14:54,000 Speaker 2: Sixth Committee and to the DC Federal Court. Now he's 270 00:14:54,080 --> 00:14:58,360 Speaker 2: testifying to save himself. How risky is it for him 271 00:14:58,400 --> 00:14:59,360 Speaker 2: to take the stand? 272 00:15:00,280 --> 00:15:04,320 Speaker 3: Well, I think that he really didn't have a choice 273 00:15:04,760 --> 00:15:09,320 Speaker 3: because he has the burden of proving that which is 274 00:15:09,440 --> 00:15:12,160 Speaker 3: required for removal, that he was a federal employee, that 275 00:15:12,160 --> 00:15:14,680 Speaker 3: he was acting the scope of his employment, and that 276 00:15:14,840 --> 00:15:17,480 Speaker 3: he has a colorable defense. You weren't going to hear 277 00:15:17,560 --> 00:15:21,320 Speaker 3: from mc mulvaney or any of the other Trump chiefs 278 00:15:21,320 --> 00:15:23,920 Speaker 3: of staff to say, you know, yes, this is what 279 00:15:24,080 --> 00:15:27,320 Speaker 3: chiefs of staff for Trump to do. There was no 280 00:15:27,720 --> 00:15:31,720 Speaker 3: one who could help him meet his burden actually other 281 00:15:31,800 --> 00:15:34,200 Speaker 3: than himself, And so I think George to Wilker, who 282 00:15:34,240 --> 00:15:36,480 Speaker 3: was a friend and a good lawyer, felt that getting 283 00:15:36,560 --> 00:15:40,360 Speaker 3: this case removed is Menows's best chance to prevail on 284 00:15:40,440 --> 00:15:43,040 Speaker 3: the merriage, and they took the chance to put him 285 00:15:43,080 --> 00:15:44,680 Speaker 3: on the stand because I think they were going to 286 00:15:44,760 --> 00:15:48,520 Speaker 3: lose without him. I said earlier there was a hail 287 00:15:48,600 --> 00:15:53,000 Speaker 3: mary sort of legal analysis from the Cheeseborough group, but 288 00:15:53,080 --> 00:15:55,880 Speaker 3: I think this is in some sense was a similar fourth 289 00:15:55,920 --> 00:15:59,080 Speaker 3: down and twenty yards to go type of pass, and 290 00:15:59,600 --> 00:16:02,600 Speaker 3: they just went foot. I don't know that they connected. 291 00:16:02,680 --> 00:16:05,960 Speaker 3: I think that the judge was very skeptical that that 292 00:16:06,120 --> 00:16:09,080 Speaker 3: which Meadow says was in the scope of his federal employment, 293 00:16:09,280 --> 00:16:13,160 Speaker 3: like calling Astenberger or visiting the site of the audit, 294 00:16:13,840 --> 00:16:17,440 Speaker 3: was that which a federal employee can do, especially when 295 00:16:17,480 --> 00:16:22,040 Speaker 3: the Hatchat prohibits federal employees from getting involved in political campaign. 296 00:16:22,280 --> 00:16:24,480 Speaker 3: So I think he's not going to win. But I 297 00:16:24,520 --> 00:16:28,640 Speaker 3: think that Williger thought that this was an important gamble 298 00:16:28,720 --> 00:16:29,680 Speaker 3: to take, and he took it. 299 00:16:30,760 --> 00:16:33,200 Speaker 2: There were several times when he said that he couldn't 300 00:16:33,200 --> 00:16:37,000 Speaker 2: recall the details of events in late twenty twenty and 301 00:16:37,080 --> 00:16:40,200 Speaker 2: early twenty twenty one, and you know, the judge also 302 00:16:40,320 --> 00:16:43,240 Speaker 2: pressed him at some points to be more specific or 303 00:16:43,280 --> 00:16:46,360 Speaker 2: to actually answer the questions. And it seemed as if 304 00:16:46,400 --> 00:16:48,960 Speaker 2: there were a lot of holes in his testimony. 305 00:16:48,960 --> 00:16:53,320 Speaker 3: For sure. And when he said, I'm the president's alter 306 00:16:53,520 --> 00:16:57,200 Speaker 3: ego on his right hand, I am the person who 307 00:16:57,240 --> 00:17:00,400 Speaker 3: is the gatekeeper. I know essentially everything that there is 308 00:17:00,440 --> 00:17:03,080 Speaker 3: to know, because that's my job, and then says, oh, 309 00:17:03,320 --> 00:17:05,600 Speaker 3: I didn't realize that there were going to be lawyers 310 00:17:05,600 --> 00:17:08,399 Speaker 3: on the telephone call to Georgia and that this was 311 00:17:08,440 --> 00:17:11,480 Speaker 3: about the election interference losses to have Oh, I didn't 312 00:17:11,520 --> 00:17:14,280 Speaker 3: realize that we were suing. The campaign was suing in missions. 313 00:17:14,440 --> 00:17:16,840 Speaker 3: It doesn't strike me that you can read those things 314 00:17:17,240 --> 00:17:19,800 Speaker 3: side by side and not say, oh, really, you're the 315 00:17:19,880 --> 00:17:21,840 Speaker 3: alter ego, you're the right hand man, you know everything 316 00:17:21,880 --> 00:17:25,399 Speaker 3: that's going on. But on these two crucial events that 317 00:17:25,520 --> 00:17:28,280 Speaker 3: you are named in this diamond, you say, oops, I 318 00:17:28,320 --> 00:17:30,719 Speaker 3: didn't know that. I think the judge will be very 319 00:17:30,760 --> 00:17:34,119 Speaker 3: skeptical about it. So I think that it was just 320 00:17:34,640 --> 00:17:37,159 Speaker 3: the gamble that they thought they needed to detect. But 321 00:17:37,240 --> 00:17:39,800 Speaker 3: I don't think that Meadows helped himself a lot. 322 00:17:40,440 --> 00:17:43,600 Speaker 2: And also was it a two part gamble, because if 323 00:17:43,600 --> 00:17:46,480 Speaker 2: the judge says this was in the scope of his 324 00:17:46,560 --> 00:17:51,000 Speaker 2: official duties and transfers the case to federal court, then 325 00:17:51,000 --> 00:17:53,440 Speaker 2: the next move he'll make is to make a claim 326 00:17:53,440 --> 00:17:54,080 Speaker 2: of immunity. 327 00:17:54,480 --> 00:17:58,520 Speaker 3: Correct exactly. So if you get a trial judge who says, yes, 328 00:17:58,600 --> 00:18:01,120 Speaker 3: you were acting in the scope of your and therefore 329 00:18:01,119 --> 00:18:05,840 Speaker 3: this is removable, then that same analysis that got him 330 00:18:06,080 --> 00:18:09,120 Speaker 3: the removal will be the same analysis that they'll argue 331 00:18:09,320 --> 00:18:12,640 Speaker 3: gets him immunity. So it was a predicate for that, 332 00:18:13,080 --> 00:18:15,359 Speaker 3: not that you needed to do it that way, but 333 00:18:15,600 --> 00:18:19,600 Speaker 3: the trial judge ruling on the question of in the 334 00:18:19,640 --> 00:18:22,520 Speaker 3: scope of employment in the removal case, you know, sort 335 00:18:22,560 --> 00:18:26,520 Speaker 3: of would help that decision for immunity when the most 336 00:18:26,560 --> 00:18:28,760 Speaker 3: of dismissed immunity grounds is filed. 337 00:18:29,160 --> 00:18:31,480 Speaker 2: Finally, so, what do you think the chances are that 338 00:18:31,560 --> 00:18:34,600 Speaker 2: one of these criminal cases will be tried and completed 339 00:18:35,040 --> 00:18:36,480 Speaker 2: before the election. 340 00:18:37,160 --> 00:18:41,760 Speaker 3: Well, I think, honestly, the case that should be completed 341 00:18:41,800 --> 00:18:45,040 Speaker 3: and tried before the election is the Marlogo case. That's 342 00:18:45,080 --> 00:18:49,080 Speaker 3: the most straightforward case. There's some national security documents issues 343 00:18:49,119 --> 00:18:51,720 Speaker 3: that need to be worked out, but it's a pretty 344 00:18:52,680 --> 00:18:55,240 Speaker 3: narrow set of questions that have to be answered. So 345 00:18:55,320 --> 00:18:59,080 Speaker 3: if Eileen Cannon, you know, sort of moves this case along, 346 00:18:59,240 --> 00:19:02,200 Speaker 3: that case really should be able to go forward before 347 00:19:02,320 --> 00:19:07,919 Speaker 3: the election. As to the January sixth or the Bolton 348 00:19:08,000 --> 00:19:10,159 Speaker 3: County case, it really depends on what happens in the 349 00:19:10,200 --> 00:19:14,000 Speaker 3: pre trial motion states. If all these motions are filed 350 00:19:14,040 --> 00:19:17,719 Speaker 3: and the defendants lose and they're not immediately appealable, then 351 00:19:17,760 --> 00:19:20,560 Speaker 3: I think we'll get a trial also in one of 352 00:19:20,640 --> 00:19:24,000 Speaker 3: both of those cases before the election. But there are 353 00:19:24,040 --> 00:19:29,080 Speaker 3: so many if but if there's this case filed, what 354 00:19:29,200 --> 00:19:32,000 Speaker 3: if there's that boy, So you can't really say, but 355 00:19:32,040 --> 00:19:34,720 Speaker 3: if it all goes to prosecutors way, and I think 356 00:19:34,760 --> 00:19:36,159 Speaker 3: the calendar allows for it. 357 00:19:36,440 --> 00:19:40,320 Speaker 2: Thanks so much, Michael. That's former federal prosecutor Michael Zelden. 358 00:19:41,840 --> 00:19:45,560 Speaker 2: Were the ninety three thousand claims have been filed by veterans, 359 00:19:45,600 --> 00:19:50,520 Speaker 2: their relatives, or camp employees who blame their cancer, Parkinson's disease, 360 00:19:50,600 --> 00:19:54,240 Speaker 2: and other health issues on the contaminated water at Camp 361 00:19:54,320 --> 00:19:58,160 Speaker 2: Lea June. So far, the Navy has not settled any 362 00:19:58,160 --> 00:20:01,199 Speaker 2: of the claims. That's led to more than eleven hundred 363 00:20:01,280 --> 00:20:05,679 Speaker 2: lawsuits that potential victims have filed in federal court, and 364 00:20:05,720 --> 00:20:08,399 Speaker 2: now there's a clash between the plaintiff's lawyers and the 365 00:20:08,680 --> 00:20:12,120 Speaker 2: Justice Department over how the court should manage what could 366 00:20:12,160 --> 00:20:15,960 Speaker 2: be thousands of lawsuits over payouts by the government. Marine 367 00:20:16,000 --> 00:20:18,840 Speaker 2: sickened by their tours at Camp La June say they've 368 00:20:18,840 --> 00:20:21,560 Speaker 2: waited nearly forty years to have the right to present 369 00:20:21,640 --> 00:20:24,000 Speaker 2: their case in court, and they don't want to wait 370 00:20:24,040 --> 00:20:28,240 Speaker 2: any longer. Joining me is Costubasu, senior enterprise reporter for 371 00:20:28,280 --> 00:20:32,280 Speaker 2: Bloomberg Law tell us about the background of this fight 372 00:20:32,600 --> 00:20:36,320 Speaker 2: by veterans over the contaminated water at Camp La June. 373 00:20:36,760 --> 00:20:39,720 Speaker 1: Well, you know this has been a battle of like 374 00:20:39,840 --> 00:20:43,200 Speaker 1: twenty years in the making. You know, early lawsuits were 375 00:20:43,200 --> 00:20:47,600 Speaker 1: thrown out of court. However, in August of twenty twenty two, 376 00:20:48,480 --> 00:20:52,960 Speaker 1: President Bidens signed a bill called a Backtact which included 377 00:20:53,160 --> 00:20:58,040 Speaker 1: compensation a possible compensation for those affected by toxic water 378 00:20:58,160 --> 00:21:02,679 Speaker 1: at Kampbla June in North Carolina, and a way for 379 00:21:02,760 --> 00:21:06,120 Speaker 1: them to file lawsuits if their claim was denied by 380 00:21:06,119 --> 00:21:06,560 Speaker 1: the Navy. 381 00:21:07,119 --> 00:21:10,399 Speaker 2: So more than ninety three thousand claims and more than 382 00:21:10,440 --> 00:21:14,280 Speaker 2: a thousand lawsuits. So they have until August of next 383 00:21:14,359 --> 00:21:16,240 Speaker 2: year to file their claims with the Navy. 384 00:21:17,520 --> 00:21:22,359 Speaker 1: Yes, and we are expecting that number to go up substantially. 385 00:21:23,320 --> 00:21:28,080 Speaker 1: You know, the Department of Veterans Affairs estimated that about 386 00:21:28,200 --> 00:21:31,520 Speaker 1: one million people could have been exposed to toxic water 387 00:21:31,600 --> 00:21:35,720 Speaker 1: at Cantila June. So that explains the scramble by law 388 00:21:35,800 --> 00:21:39,679 Speaker 1: firms and the search agencies to find more legion clients. 389 00:21:39,920 --> 00:21:43,320 Speaker 2: I mean, the Navy hasn't settled any of these claims. 390 00:21:43,600 --> 00:21:46,840 Speaker 1: Yes, and you know people have been filing claims essentially 391 00:21:47,280 --> 00:21:51,320 Speaker 1: since the bill was signed into law, and there have 392 00:21:51,400 --> 00:21:54,480 Speaker 1: been about ninety three thousand claims as of this week, 393 00:21:55,000 --> 00:21:58,160 Speaker 1: and they told me yesterday that none of these claims 394 00:21:58,160 --> 00:22:01,280 Speaker 1: have been settled the veterans, you know, if a claim 395 00:22:01,400 --> 00:22:04,000 Speaker 1: is not settled in six months but the Navy or 396 00:22:04,040 --> 00:22:07,280 Speaker 1: it's denied, they can file a lawsuit. In the Eastern 397 00:22:07,320 --> 00:22:09,359 Speaker 1: District of North Carolina. 398 00:22:09,359 --> 00:22:13,919 Speaker 2: Both sides have file proposals on how this should be managed. 399 00:22:14,560 --> 00:22:16,480 Speaker 2: What do the competing sides want. 400 00:22:17,400 --> 00:22:21,000 Speaker 1: Attorneys for the potential victim, they say that they've been 401 00:22:21,119 --> 00:22:24,840 Speaker 1: waiting for four decades to make their argument in court. 402 00:22:25,240 --> 00:22:28,480 Speaker 1: They don't want to wait any further. They want the 403 00:22:28,600 --> 00:22:31,680 Speaker 1: first trial to be in the first quarter of Onty 404 00:22:31,760 --> 00:22:37,520 Speaker 1: twenty four. The United States Department of Justice, they say 405 00:22:37,600 --> 00:22:40,760 Speaker 1: that it might take a little longer to develop relevant 406 00:22:40,840 --> 00:22:43,840 Speaker 1: expert testimonies. And they're saying that, yeah, we could go 407 00:22:43,880 --> 00:22:46,480 Speaker 1: to trial in twenty twenty four, it'll be some time. 408 00:22:46,400 --> 00:22:48,520 Speaker 2: Later, and so who'ld make the decision. 409 00:22:48,960 --> 00:22:51,720 Speaker 1: So there are four judges in the Eastern District of 410 00:22:51,800 --> 00:22:54,760 Speaker 1: North Carolina who will be deciding in the coming weeks 411 00:22:54,880 --> 00:22:58,280 Speaker 1: how to manage these huge volume off cases and come 412 00:22:58,359 --> 00:22:58,920 Speaker 1: up with the plan. 413 00:23:00,160 --> 00:23:03,760 Speaker 2: Also been a challenge to the appointment of the lead 414 00:23:03,800 --> 00:23:06,480 Speaker 2: plaintiff's lawyer and the lead lawyer has a lot of 415 00:23:06,520 --> 00:23:07,680 Speaker 2: power in a case like this. 416 00:23:08,359 --> 00:23:13,240 Speaker 1: Yes, the lead console who'll ed Bell South Carolina lawyer, 417 00:23:13,520 --> 00:23:17,679 Speaker 1: and there's six other co lead counsoles. They essentially have 418 00:23:17,760 --> 00:23:21,200 Speaker 1: a lot of control on how these cases will move forward. 419 00:23:21,920 --> 00:23:24,239 Speaker 2: And what do we know so far about how the 420 00:23:24,280 --> 00:23:26,080 Speaker 2: cases are going to be tried. 421 00:23:26,720 --> 00:23:29,320 Speaker 1: We don't really know at this point. If they're going 422 00:23:29,400 --> 00:23:31,960 Speaker 1: to bring a whole lot of cases together and have 423 00:23:32,040 --> 00:23:35,959 Speaker 1: one trial or have a Tellweather case. It's kind of 424 00:23:36,080 --> 00:23:38,640 Speaker 1: up in the air. They'll definitely look at these two 425 00:23:38,640 --> 00:23:42,199 Speaker 1: proposals and kind of mesh them in some ways. I 426 00:23:42,240 --> 00:23:43,880 Speaker 1: think will know in the coming week. 427 00:23:44,160 --> 00:23:48,040 Speaker 2: Thank you, Stu. That's close to Basu, Senior Enterprise reporter 428 00:23:48,119 --> 00:23:50,879 Speaker 2: for Bloomberg Law. And that's it for this edition of 429 00:23:50,880 --> 00:23:53,560 Speaker 2: the Bloomberg Law Show. Remember you can always get the 430 00:23:53,640 --> 00:23:56,919 Speaker 2: latest legal news by subscribing to the Bloomberg Law Podcast 431 00:23:57,359 --> 00:24:00,680 Speaker 2: or downloading this show at Bloomberg dot com, USh podcast, 432 00:24:00,800 --> 00:24:04,719 Speaker 2: Slash Law and attorneys get the latest in AI powered 433 00:24:04,800 --> 00:24:09,280 Speaker 2: legal analytics, business insights and workflow tools at Bloomberg law 434 00:24:09,359 --> 00:24:12,840 Speaker 2: dot com. With guidance from our experts, you'll grasp the 435 00:24:12,960 --> 00:24:16,359 Speaker 2: latest trends in the legal industry, helping you achieve better 436 00:24:16,400 --> 00:24:19,800 Speaker 2: results for the practice of law, the business of law, 437 00:24:19,960 --> 00:24:23,600 Speaker 2: the future of law. Visit Bloomberg Law dot com. I'm 438 00:24:23,680 --> 00:24:25,720 Speaker 2: June Bronco and you're listening to Bloomberg