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tv   Washington Journal Hugo Lowell  CSPAN  February 21, 2024 12:25pm-12:36pm EST

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can contribute to the world and of course these powers themselves beginning with india need to take on an increasing share of responsibility for the world's problems. so please join me in thanking what has been a fantastic panel to kick off this final day of the munich security conference. >> today, maryland governor wes moore and utah governor spencer coxe discussed bipartisanship in the united states. live at 12:35 p.m. eastern on c-span, c-span now, and online at c-span.org. quite c-span is your unfiltered view of government. we are funded by these television companies and more. including wow. >> the world has changed. the fast, reliable internet connection is something no one can live without. wow is there for our customers
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with speed, reliability, value, and choice. it all starts with great internet. >> giving you a front row seat to democracy. >> the conversation now on former president trump's various legal challenges. the various legal challenges of donald trump with hugo lowell. the headline of your latest piece from yesterday -- trumps trial calendar becomes clear. start with the first part of that headline, the trial calendar remind viewers where we are. >> we now have a trial scheduled in new york for march 25 and we have jury selection starting. that's the first concrete date we have. for a long time, we were thinking that the federal january 6 case might be the first one to go to trial.
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that was originally scheduled for march 4 but because of trumps delay tactics, we are in new york first and now that's on the calendar and trump has an idea about how his legal cases will play out so i think that's a degree of clarity we didn't have. as for the rest of the cases, it will be up to the supreme court. we need to figure out how this will play out and begin to the connected nature of these cases. justice is don't want to schedule stuff before they know it's going on with the rest of the trump calendar. i think this is a good way to get started. host: what are the delay tactics you are referring to? guest: he's made no secret of the fact that his legal strategy for all of these cases is to find ways to delay which favor the defense in these cases. with trump specifically, he has managed to settle on this avenue of presidential immunity.
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unlike all the other things he wants to get the indictment dismissed. it gives him a special thing when he appeals. he is granted an automatic stay and it freezes the underlying case. when his lawyers discovered that avenue, they kind of honed in on that and that's why you are seeing the january 6 case in washington on hold while he goes to the supreme court to argue the immunity claim. host: how can we determine when that case might go to trial? guest: it gets complicated. the first thing to note is the judge who is the presiding judge in the washington cases always said trump will get his full seven months to prepare when the scheduling was first set on march 4. trump submitted his appeal to the circuit on december eight. went to calculate when a trial
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might be is to take the time between december 8 and march 4 which is the amount of time he had left and then add whatever further delays we get in this case in that time period. if it's roughly three months, we have from february 12 which is when the d.c. circuit issued its mandate and trumps filing to the supreme court and whatever the current date is. that gap is expanding so when ever the supreme court finally issues a judgment, let's say they return it to the judge and they denied the immunity claim, that's when the three month clock, the remaining three month clock restarts. host: what of the supreme court thinks about this for a while and we see the big cases come out at the end of their term. what if they wait until the end of this term? guest: it's a real possibility. because people want to see the way this case progresses, they
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would like to see quick resolutions are no resolutions but i think there is a strong chance that the supreme court waits on this issue potentially toward the end of the term as you say in which case we may not have a trial start before election day. if the supreme court decides we will not take this case and supreme court watchers think of the supreme court decides that from can stay on the ballot in colorado for instance, he might get an unfavorable ruling on the immunity thing and they might refuse to hear the case. when the supreme court in effect decides whether to hear the case or not. if they decide not to take the case in the immunity question, jurisdiction go straight back to the district court and the judge can restart the clock and say you have three months from today
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to prepare for trial and i will set up ryle -- a trial date in may. if the supreme court waits late into the summer, it could be in july we get a decision postconvention, then we will not have a trial before the election. host: the georgia case and what we saw last week in georgia, what does that mean for the timing on when or if that case comes to trial? guest: that is the one case we don't have a tentative trial date set. it has already been scrambled little bit because the situation there in essence, the district attorney, had a romantic relationship with one of the deputies. the defendants in the rico case basically alleging there was some sort of kickback scheme or financial benefit that she got out of hiring the external special prosecutor because he
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was making a lot of money we estimate $700,000 by working on the trump case and that's because they were in a romantic relationship. it's in her interest to keep her on the payroll and her interest to continue the investigation because they went on trips together and they took a cruise to aruba and the bahamas. she took him to belize. there were about four trips they took together in the argument was this was improper and constituted a conflict of interest and she needs to be disqualified. this is where we get to the hearing last week. i was there for two days and i listened to all the testimony and it was excruciating at times. i don't want to hear about people are sleeping together. the bottom line was the defendants struggled to show that there was any sort of
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financial kick but that was -- kickback that was concrete. the burden is on the defendants here because they have to show that there was something improper going on in the das office. host: she is not the defendant here? guest: that's right, the trump camp are trying to show something improper. they struggled to make that showing i think in part because they really didn't have any way to rebut the assertion from the district attorney's office that she was reimbursed in cash for a lot of the trips they took together even if you don't believe that claim, it's a separate issue -- is it really a financial benefit if nathan wade was going to take -- she was going to take on these trips and could afford to. the special prosecutor still had his own law firm so wasn't like the trump case was the only case
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he had going. when you look at all of that in totality, judge mcafee who is presiding in fulton county needed to decide if they met this burden and technically the burden is actual conflict and that's an extremely high bar to clear. host: we want to invite viewers to join the conversation. a good time to brennan -- to bring hugo lowell in. call in with your questions or comments. our phone lines are republicans (202) 748-8001, democrats (202) 748-8000, independents (202) 748-8002. we will get to those calls after you explain where we are in the classified documents on the federal case. guest: we are in something of a limbo in the document case. basically, the document case is to trial in what's known as the information procedures act. it's a multistep process that was enacted to make sure that
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espionage charged defendants don't just release classified material at trial and eventually blackmail the government to say we will expose all these national security secrets. the term is called grave mail and to protect against that, there are specific steps the government and defendants have to go through in order to get to trial. section four is midway through the process. it's classified and sealed so there's not really that much going on in the public eye but we do know several things. trump is trying to compel more discovery from the special counsel jack smith. he is trying to make this claim that there was a slack of prosecution and biden wasn't charged in his documents investigation and they are trying to allege there was bias and make arguments in essence that the case needs to be dropped

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