thank you. >>> special counsel jack smith has dropped the federal election interference case and the that his decision was not about the strength of his cases, rather his reasoning hung on the justice department's belief that the constitution prohibits prosecutions of sitting presidents. special counsel plans to release a final report as required by law on his investigations. attorney general merrick garland is expected to publicly release it as he has with past special counsel reports. with us now, former federal prosecutor and legal analyst, kristy greenberg. good morning. >> there's been a whole lot of noise, and excited utterances about the melt down of these cases on the heels of the election and what that may mean. i thought barbara mcquade, our friend, said something very interesting, she noted, quote, smith's brief contains another tell when he writes that olc has noted the possibility that a court might equitably toll the statute of limitations to permit proceeding against the president out one side of office. that is a court could call a time-out, pausing it on trump's inaug

like jack smith and merrick garland would agree that grand jury material may not be shared publicly.y material is by definition secret. it is illegal to publish it. so although that information is useful for prosecutors to build the case, the case that actually gets heard in trial is the trial testimony and not the grand jury transcripts. those are used to impeach witnesses. they may be used under extraordinary circumstances when there's an exception to a hearsay rule. but ordinarily, that material is secret. so, when we think about what might come out, it may be there is less than we expect. although i do think there are still some other things that are not necessarily grand jury material that have not yet come out before the january 6th committee because merrick garland and jack smith, of course, at the department of justice, have tools that are not available to members of congress, including search warrants and other court authority to get phone records, text messages, and other things that could be very useful and very interesting. >> barb mcquaid, thanks for sticking around. app

jack smith, must write a special counsel report.lusion of the special counsel's work, he or she shall provide the attorney general with a confidential report, explaining the prosecution or declination decisions reached by the special counsel. from there, attorney general mayor garland, has the exclusive authority to decide whether to release the report, which could feature never before seen testimony, by mike pence. over his tenure, garland has made his intentions clear. in congressional testimony, and in press interviews, garland repeatedly vowed to make all special counsel reports, as public as he can. >> under justice department regulations, a special counsel, must write a final report. >> which i will make public to the extent permissible under the law. that is required to explain the prosecutive decisions, the decisions to prosecute or not prosecute, and their strategic decisions along the way. usually, the special counsel had testified at the end of their reports. i expect that will be the case here. >> meanwhile, busy allies

bragg, unlike jack smith just won't quit.dited the gentleman from altoona who has just shot and killed somebody on the streets of new york yet. this is the hypocrisy that has destroyed america and is the reason 77 million people voted for president trump to be president again. >> harris: the way that i put it like that is because bragg just came off a pretty bruising loss with daniel penny. in that case that never should have been brought. you had someone a marine vet on the subway, a hero to the people inside that car down beneath and penny rescued them and put down a man who was threatening them inside that car. i would think watching bragg get this thirsty might be good news because he is going to make mistakes. >> you are 100% right. more importantly where is your dignity? this goes for fannie as well? how do you want to be remembered in history and the question i pose to them. we will not allow it to continue. i most certainly will not. it is unacceptable and hurting the american people and constituents in the state of w

>> well obviously, jack smith is profiting here. remember, he is a political operative okay?the supreme court of bob macdonald and john edwards. he was there to harm president trump politically and he manipulated the law to do it and luckily president trump won, but when we this happens and you take a step back, we look like a third world banana republic. liz: yeah, i mean, and then you've got biden saying oh, his son was selectively prosecuted. raw politics at play and trump is using that in his motion to get the georgia case entirely tossed out. joe biden finally admitting the quiet part outloud about political bias at the doj. final word. >> well political bias at the doj is laughable. remember the hunter biden pardon is not so much a hunter biden pardon as it is a joe biden and biden inc pardon. wait for more including jim biden. liz: interesting and there's a story he wants to preemptively pardon liz cheney and adam schiff. for what? that's biden. ford thank you for joining us good to see you. this story, the senate getting in gear to enact trump's mandate for the americ

do you want her to investigate jack smith? do you want to see jack smith -- >> i think he's corrupt. i think her to do whatever she's -- >> are you going to direct her to prosecute jack smith? >> i'm not. she's a smart person, a great attorney general in florida. she's experienced. i want her to do what she wants to do. i'm not going to instruct her. >> are you going to fire christopher wray who you appointed? >> i don't say i'm thrilled with him. he invaded my home. i'm suing the country over it. he invaded mar-a-lago. i'm very unhappy with the things he's done. and crime is at an all-time high. migrants are pouring into the country that are from prisons and mental institutions, as we've discussed. i can't say i'm thrilled. i don't want to -- again, i don't want to be joe biden and give you an answer and do the exact opposite. i'm going to do that. i certainly cannot be happy with him. you take a look at what's happened and then when i was shot in the ear, he said, maybe it was shrapnel, where is the shrapnel coming from? is

. >> jack smith's name is on my list. jack smith's name is on my list.ardoned because i think there are people who trump may bring into the government that will go after these people in a serious way. stay when santa claus, preemptive pardons for everyone. joining us sol wisenberg, and ari fleischer both fox newspl contributor's. okay, played this out for us an. a partridge in a pear tree.pard everybody wants to get a preemptive pardon, apparently. what is going on? >> one thing, don't forget to eget a pardon who have to't s formally accept the party. i don't really see jack smith saying yes, thanks, give me a pardon.s i don't think he thinks hes deserves one or needs one, let's t waput it that way. traditionally, if you accept a pardon code jade you accept some sort of responsibility. it is not a requirement, but ite is traditional. hereem is the basic rule, you co do preemptive pardon alln. the y to nixon and what joe gave to hunter. even though you haven't been charged, i am pardoning you from past conduct, which you canth chooseat. we cannot pardon y

tim, again, articulate what jack smith had access to that you did not.blic to see. >> we gathered every we had to the special counsel's office upon the completion of the select committee's work. then the special counsel's team went beyond the evidence that we were able to develop about the attempt to disrupt the official proceeding, because he had a very powerful tool that the select committee and congressional committee doesn't have and that is the grand jury. when a witness goes into a congressional committee and he says, i'm not going to give you that information because it's covered by a privilege, an executive privilege, for example, that is really almost toothless for the committee to try to enforce. you have to go through a civil justice process which takes weeks and months. in a criminal case, if it's a grand jury witness who says i'm not going to answer that question, mr. special counsel, because it's privileged, special counsel says, let's go see the judge. he goes right upstairs to the chief judge who supervises the grand jury who rules. then

and you don't want that for the next alvin bragg and jack smith and next liz cheneys.nd so i think it's a tough call. i think it's a tough call on terms who you decide to pardon. and then, i think very separate issue is individualized one about whether people should accept the pardon and cheney or alvin bragg or jack smith should and that's an individual call. i don't think there's anything that i can say sort in terms what have they should do. >> that's their personal decision. >> how did you feel? >> i didn't do anything wrong. i feel like this is horrible. i think about this in terms of the country, and in terms of the fact we are sitting at this table having this conversation. and covering stories about people using the legal system to undermined the rule of law, which is an irony to nd all ironies for someone who is a lawyer who worked for the department of justice but a defense lawyer for 30 years. >> well, we will naivegate gate it together. >> yes. >> thank you for your time and thoughts and all you do. andrew weissman great to see you. >>> still to come, he is

voluntarily by jack smith because now that donald trump's been reelected, jack smith acknowledges henot proceed with the prosecution. there was a bit of a separate question about the two state cases. they're still arguing over whether the manhattan hush money case can proceed to sentencing. that's ongoing. and then this is the fourth case. this is the georgia state level case. and for now, it's not even going to matter what trump's status is as president elect. for now, the court of appeals has basically taken this whole case off the tracks separately, by the way, they're not going to be able to proceed once donald trump gets sworn in on january 20th. so this case was was was going down the tubes either way. but but i guess this expedites it. >> yeah, it's going down the tubes pretty quickly here ellie. no question about it. let me bring in paula reid. paula, you've been following all of these cases as well. and time and again it seems donald trump is escaping his day in court, reaching a final conclusion, a judgment in any of these cases. it's kind of extraordinary. >> it's incredib

is so important, especially when we consider what will probably be the soon released report by jack smiths absolutely the case. it's one of the reasons that i think that donald trump will be quite reluctant to be pursuing any sort of court proceeding, because if you're trying to whitewash history, a court proceeding is precisely how not to do that. you know, liz cheney or adam kinzinger or any member of the january 6th committee, if there were to be a criminal or civil trial, there will be a court record. they can actually call all sorts of witnesses, not just mike pence, but you know who else they could call? they could call donald trump to the stand. he has so far not testified in connection with the january 6th case in connection with the hearings, in connection with the impeachment. so having a trial in many ways is the very last thing you want to do if you're trying to whitewash history. >> andrew, as we go forward here, the jack smith report could be coming literally any day now. is there anything that you would consider in the release of the report that would indicate a better time

case existence president trump -- >> jack smith dropping his two major cases against trump. >> the president-elect gets a hall pass prosecute special counsel. >> this is a historic moment, certainly, in the sense that it clears the decks for president trump on the federal cases. howard: steve hilton, of course, it had to be covered, but jack smith had been signaling for weeks he was going to shut his operation down because of the doj policy against prosecuting sitting presidents. his alternative was to wait for trump to fire hem on january toth. -- 20th. who wouldn't want that? >> exactly. and this whole thing, howie, just makes me laugh because how often have we heard that term we need normalcy, a return to normalcy? this is moral city, the norm -- normalcy, the normal precedent. of course, that would be can case from january 20th onward. as you say, this is entirely predictable, but everything that trump does and anything if connected to trump makes news. and i think that's particularly the case right now because we've seen such a vacuum on the other side from the actual p

to what liz cheney said about making sure this evidence is preserved and one of the things that jack smithd and make sure you submit as much as you can to the court. here the report and the information that's grand jury or arguably grand jury and how you're dealing with it can be given to jeb boasberg, the chief judge of the d.c. district court. why give it to court? because the executive branch is not in charge of that. so that is a place that you can put documents, you can submit it. as long as you have a valid good faith basis to the court and that is a way to make sure it's not destroyed. just note what liz cheney is saying, i'm concerned about making sure that evidence stays intact and is there for history and it's the exact opposite of what donald trump is saying in terms of there being destruction of evidence. >> let's get to destruction of evidence. the afternoon of january 20th any evidence that is still in the possession of the justice department donald trump could presumably order destroyed over there. >> well, it's a little bit more complicated. >> i hope it is. >> yeah. the re

lawsuit back in march after williamis's office claimed it did not have record of communication with jack smith or house january 6 committee, turns out those records do exist and she has until end of the week to turn them over. trump's case is on pause after he launched case to have willis removed from the case. tennessee fan heading to supreme court today and could determine how issue is handled across the country. one lawmaker joins us next and house democrats being called out after deleting this post that downplayed any concern that you are not able to afford your groceries. more on backlash coming up, "fox and friends first" on wednesday rolls along. your business needs a network it can count on... even during the unexpected. power's out! -power's out! power's out! comcast business has got you covered, with wifi backup to help keep you up and running. wifi's up. let's power on! let's power on! -let's power on! it's from the company with 99.9% network reliability. let's power on! power on with the leader in connectivity. get wifi backup for your business, or get started with comcast business

jack smith has now dismissed that case because donald trump is about to become the sitting president.t said, doj has long had a policy. we're not going to prosecute the sitting president. but there's two other guys, walt noorda and carlos de oliveira, both of whom were mar-a-lago employees. coconspirators. neither of them is going to become president. so those cases can carry on. so what jack smith has done here is transfer those cases over to normal federal prosecutors, the u.s. attorney's office, not special counsel. so theoretically, pam, those criminal prosecutions can carry on, but it would not shock me whatsoever if donald trump very quickly pardons both of them as soon as he takes office. >> all right. >> elie honig with the lightning round tonight. thank you so much. it's so great to see you as always. and thanks for joining us. news night with abby phillip is up next. see

and why was that delayed because jack smith was going after trump?hat's going on with that? marc thiessen joining us on that. stop attacking political rivals and latest news on two dozen far left das and far left billionaire george soros backed and they're tossed out of office for going weak on crime. new photos and latest development this is hour in the assassination of the ceo of united healthcare. police are zeroing in, the suspect caught on camera and face exposed and possible fingerprint. the stories are coming up next. we'll be back in two. >> i hear gunshots and parking in the car, i hear three shots and i looked and man down. then the guy crawls on the ground and white male in all black with a backpack. he crossed the street. progressive makes it easy to see if you can save money with a commercial auto quote online so you can get back to your monster to-do list. super helpful. see if you can save money at progressivecommercial.com. thank you. ♪ [music] i could make a custom pin ♪ ♪ watch the dog walker get in ♪ ♪ so ziggy won't complain ♪ ♪ ♪

do you want her to investigate jack smith? do you want to see jack smith investigated quick >> i think he is corrupt. >> are you going to director quick >> she is a smart person. she was a great attorney general in florida. i want her to do what she wants to do. i won't instructor. >> i want her to do whatever she wants to do. now, summer listening to that and suggesting, out loud on television, that trump has changed. he didn't say he was going to direct anyone to go after anyone. his tone is different. he is a new man. retribution through success? that doesn't sound bad. before you jump to what i consider an inaccurate conclusion, listen to the same interview. he also said this. >> liz cheney was behind it and so was bennie thompson and everybody on the committee, for what they did, honestly, they should go to jail. >> you think liz cheney should go to jail? >> for what they did. anybody that voted in favor -- >> will you director fbi director and attorney general to send them to jail? >> they will have to look at that. i wi

. >> jack smith's name is on my list. liz cheney's a name is on my list are. think that they all should be preemptively pardoned because with i think there are people that trump may bring into this government who will go after these people many a serious way, and it's going to lead to subject them to that. paul: let's bring in "wall street journal" columnists dan henninger and bill mcgurn and editorial board member kyle peterson. so, kyle, what was striking to me about the hunter pardon is now sweeping it was, ten years, 2014 to december 1st. anything he did, he's free and clear. have we seen that kind of sweeping pardon before? >> yeah. heel experts including a longtime u.s. pardon attorney in the u.s. justice department are saying there's not really precedent for this. maybe one you can point the is the gerald ford pardon of richard nixon which was also broad but did not cover more than a decade of behavior of. and most presidential pardons, they specify the crime. that was created, and they say i'm pardoning you for this specific crime, and this, as you lay

jack smith props up these cases that have no legal merit.e second in command is meeting in the white house coordinating. president trump stared all of this down and won. won the mandate, won the popular vote and here we have abopportunity for a real reformed agenda. as terrible as all this stuff was, the light at the end of the tunnel is we're on the praecipes of a great american renewal, not just economically, not just militarily, but for transparency. maria: you want to look ahead. we all want to look ahead and we want to focus on what's ahead but look at all the people's lives that have been destroyed. just because they were in washington on january 6th. just because they were in the crowds and now we learn -- were they lying lying then or are thy lying now. we learned the fbi lied and lied and lied again about fbi human sources being in the crowd and they were. so we have no idea what they incited. did they say come on, let's open the doors, let's go in, let's go to the offices. we don't know. and then they destroy evidence in the januar

kash was subpoenaed to testify in the investigation against jack smith and he refused.was only after he was forced to by judicial order that he went in and testified. when he testified, what he told the grand jury was, well, i don't think trump did anything wrong anyway because he declassified any and all documents that were at mar-a-lago. so for trump this is a guy that be there with he needs him and his loyalty has been demonstrated time and time again. i think at the end of the day what has happened is that combined with his allies, people like steve bannon, mike davis, a long-time legal adviser to trump, pushing kash patel. all of that have come together for kash to get the top job. >> christopher, you served in the fbi for over 20 years. kash patel was chosen now for the director role with little significant experience in law enforcement, one senior law enforcement official who interacted with patel in the past and calling the pick ridiculous and the least qualified pick in law enforcement. that do you make of this nomination? >> well, he would not have been my fir

the judge has ordered da fani willis to turn over records with jack smith's office, turning them over activist group. what do you make of this? >> my first thought was the da in georgia will be talking to the special counsel, but then fani willis made some comments and said jack smith wouldn't know her if he saw her and wouldn't know how to pronounce her name. they made comments suggesting they weren't in touch, which i found puzzling. i'm happy they were actually talking. that would be the responsible thing to do if you have similar subject matters and overlapping defendants. >> christie greenberg, they so much. it was a tough mission to get here. >>> that oes it for us today. i'll see you back here tomorrow. i'm ana cabrera in new york. jose diaz-balart picks up our coverage right after this. hi, i'm damian clark. i'm here to help you understand how to get the most from medicare. if you're eligible for medicare, it's a good idea to have original medicare. it gives you coverage for doctor office visits and hospital stays. but if you want even more benefits, you can choose a medicare

let's say jack smith unlawfully colluded with fani willis.you pardon him with some neutral, oblique, broad pardon and then the house of representatives subpoenas him in march to ask him about his role, if he lies, if he dissembles, if he attempts to hide this information, the pardon that he has received will have zero effect because the crime, whatever the pardon is supposed to cover, is supposed to be relate to prospecktive. it look -- retroprospecktive. it looks back. it can't look toward -- elizabeth: here's the thing -- yeah, go ahead. >> it just isn't constitutional. elizabeth: so could hunter face jail time if he says i'm not going to testify to a future congress? here is why i ask that. biden gave a preemptive pardon to hunter biden back dated to january 2014. lawmakers say this covers any possible crimes hunter and the biden family committed with influence peddling including foreign lobbying, breaking foreign lobbying law, but that's unconstitutional too. again, the constitution doesn't allow for that. and, by the way, isn't biden a b

biden could thwart a probe of cheney, or jack smith or other government veterans on any maga enemies list, quote, unquote. he could do it with this comprehensive approach with the pardon power. remember, federal probe that predicated on investigating a federal crime. if the so-called politically made up crimes here are already pardoned, boom, you're pulling that crime right out of the legal process. if there's no threat of conviction and jail at the end of that probe, it's been pre-pardoned, then there's not much federal action there. now these are unchartered waters. the incoming president knows he has the immunity that he got super sized by the supreme court and is vowing to abuse power, an immunity that's broader really than anyone's seen before with a guy making threats that go way past nixon. so the bides den plan to preempt the abuse of those probes and thwart these revenge cases is on the table. biden could legally do it alone. unlike many things you hear about, congress and the koirts are not involved in these executive pardon clemency powers. and biden aides are reportedly c

. >> special counsel jack smith brought two cases against trump. in d.c. to overturn his 2020 election loss and another for refusing to turn over classified documents and allegedly trying to hide them from the fbi, leading to federal agents executing a search warrant on his florida estate. >> they raided my house in florida, mar-a-lago. no notice, no nothing. they raided it. >> reporter: in a separate civil case brought by new york attorney general letitia james, a new york judge found trump and his family company to have engaged in repeated financial fraud, fining him $460 million. >> donald trump may have authored "the art of the deal," but he perfected the art of the steal. >> reporter: a jury in new york also finding him liable for sexually abusing e. jean carroll and then defaming her. >> he's nothing. we don't need to be afraid of him. >> reporter: another jury months later then ordering trump to pay carroll more than $80 million after the judge overseeing the litigation determined that he had defamed her again, as trump called the prosecutions and l

committee all appointed by pelosi, they are referring information to the department of justice and jack smiththe investigation and that there is up of the information they were turning over. some will say not from this, i thought about this. the information evidence provided on the executive branch for pursuing formal charges is the division including donald trump is a different story. that's not protected by the laws. that excess well beyond additional duties committee of congress so if you refer information, you want to be us used, including donald trump trying to interfere and scope for information from donald trump. obstructing a criminal investigation. you destroyed all that information because it was "to you. you refer information to the department of justice urging them to bring charges against donald trump in the list below that is not protected under the season debate : is that needs to be examined. elections have consequences. we'll be right back. ♪ z's bakery is looking to add a pizza oven, arissa's hair salon wants to expand their space, and steve's t-shirt shop wants to bring on

so you may recall that jack smith did something, i think, is very strategic there which was to dismiss the case without prejudice. judge tanya chutkan agreed with, that and at least in theory, the case could be brought again when donald trump is no longer president. we will see if anyone has the appetite to do that in 2029, but it is at least a theoretical possibility. >> rbara, mcquade, thank you so much. >>> coming up, the exit interview. i speak with the outgoing chairman of the senate foreign relations committee, ben cardin, about chinese hacking and telecom systems. all that coming up next from capitol hill where you're watching "andrea mitchell reports" on msnbc. ll where you' watching "andrea mitchell reports" on msnbc. complete with 30 grams of protein. (♪♪) we put our heart and spirit into the holiday season. behind every table you set, every gift you give, are local florists, farmers, bakers and makers. who grow and create with a passion. share the joy with 1-800 flowers. prilosec knows, for a fire... one fire extinguisher beats 10 buckets of water, and for zero heartburn 1 p

jack smith but you said that president biden should also pardon president elect trump. i wonder if you've had any conversations with the president about that. um, in the the time since you may recall, when i was asked that question, i said that and i believe that i think the air needs to be cleared. >> and i was asked your listeners to please think about this whole issue. what has the supreme court done with the president? they have immunized him for anything he will do as president, and we need to get our country going together, going forward, working together. and so, yes, that is for federal offenses. the president, the former president has been convicted for state offenses. those 34, uh, convictions were state convictions. they are not federal. and so he will not be absorbed or pardoned for anything at the state level. and now we see that jack smith has now recommended that his federal charges, uh, be dismissed or thrown out. so this is why i think the people need to really focus on the country and not worry about what our animosities might be. i'm not a trumpster b

that's why jack smith didn't charge him with that.as simple -- julian, these are finish. >> exactly, and -- [inaudible] [inaudible conversations] if he's not guilty of this. david: i would use the phrase if this wasn't a family-friendly show, but they are smart-a lawyers. they think they're the smartest in the class. they were head of the law review at yale, i think one of them, the other was at -- i mean, this is supposedly the future of the legal department of the democratic party. i don't see them turning around. however, there was -- i have to mention something that happened on cnn, and i'm going to roll the tape on this. a cnn analyst are talking about how joe biden's presidency will be remembered. roll that. >> it's a couple weeks before the election i had a conversation with a senior person in the white house, and i said if harris loses, most of the way that bind's going to be remembered at least in the short term is the guy who was just in between the trump terms. david: the guy just in between the trump two terms. do you thin

. >> reporter: special counsel jack smith brought two cases against trump, in d.c.e 2020 election loss, and another for refusing to turn over classified documents and allegedly trying to hide them from the fbi, leading to federal agents executing a search warrant on his florida estate. >> they rated my house in florida, mar-a-lago. no notice, no nothing, they rated it. >> reporter: in a separate civil case brought by new york attorney general letitia james, a judge found trump and his family engaged in repeated financial fraud, finding him $460 million. >> donald trump may have offered the art of the deal, but he perfected the art of the steel. >> reporter: a jury in new york also finding him liable for sexually abusing e jean carol, and then defending her. >> is nothing, we don't need to be afraid of him. >> reporter: another jury, months later, ordering trump to pay carol more than $80 million after the judge overseeing the litigation determined that he had defamed her, again, as trump called the prosecutions and lawsuits politically targeted, the justice system c

jack smith name is on my list. liz cheney's name is on my list. i think that they all should be preemptively pardoned because i think there are people who trump may bring into this government who will go after these people in a serious way, and it's no need to subject them to that. even if they are found not guilty, why put families through that? why put these people through that? that kind of expense, that kind of worry, that should not be. i think liz cheney is a great patriot. and i also think there will be a lot of maga people going after her. >> i suspect your phone is going to ring with people wanting to be added to the clyburn list as well. congressman, always a pleasure to have you here. thank you. >> well, thank you so much for having me well ahead, mark zuckerberg says that he wants to play an active role in shaping trump's views on tech policies. >> why now? and is he the right person to do just that? alaska. former facebook whistleblower whistleblower frances haugen that very question and do you hear that i could be in mar-a-lago right

but the need to protect people like jack smith now. yeah. >> and i didn't even ask him about something that he had supported, which is the notion of preemptively well, maybe not preemptively, but pardoning donald trump. it doesn't sound to me like that's really being considered inside the white house. have you heard anything inside the trump campaign or the trump transition? >> we haven't heard anything in terms of what the white house is considering for a pardon for donald trump. but i will say i agree that it could set a precedent. but donald trump was going to do whatever donald trump wanted to do. already so even without the precedent, i mean, he could make his own decisions. >> no truer words have been said. kristen holmes, don't go anywhere. we'll be right back this holiday season. >> find the perfect gift at cnn underscored from the latest fashion to expert approved tech to the best beauty finds. discover it all at underscore. com i'm jonathan lawson here to tell you about life insurance through the colonial penn program. >> if

do you want her to investigate jack smith? >> i want her to do what she wants to do. >> do you want to see jack smith? >> well, i think he's very corrupt, but i want her to do whatever she has. >> are you going to direct her? >> no, i'm not prosecute. she's a very smart person. she was a great attorney general in florida. she's very experienced. i want her to do what she wants to do. i'm not going to instruct her to do it. no. >> are you going to do that? are you going to go after joe biden? >> i'm really looking to make our country successful. i'm not looking to go back into the past. i'm looking to make our country successful. retribution will be through success. >> the media is goading trump into prosecuting his opponents because they need the ratings. and so they can say, see, i told you so. we warned you. he's a dictator. it'd be the first time the media has been right in ten years. but it seems like trump's toying with the idea cheney was behind it and so was bennie thompson and everybody on that committee. >> we're goin

according to the department of justice, trump himself was facing charges until special counsel jack smith dropped the cases against him because he won reelection. now, in his first sit down interview since he won, trump signaling quick pardons for those involved but i'm going to be acting very quickly within your first 100 days, first day, first day, first day. >> yeah, i'm looking first day. >> these pardons, these people have been here. how long is it? 3 or 4 years. >> okay. >> you know by the way, they've been in there for years and they're in a filthy, disgusting place that shouldn't even be allowed to be open trump does believe that some people should be in jail. >> those who investigated the capitol riot for what they did. >> yeah, honestly, they should go to jail. >> so you think liz cheney should go to jail for what? everyone on the committee, i think everybody on the anybody that voted in favor of going to director, fbi director and your attorney general to send them to jail? no, not at all. >> i think that they'll have to look at that. but i'm not going to i'm going to focus on

o al fbi perseguir a sus rivales polÍticos o a quienes lo investigaron como el fiscal especial jack smithnero deberÍan ir a la cÁrcel en contraste con los perdones que planea emitir el primer dÍa de su gobierno en favor de los atacantes del capitolio, cuando ya mÁs de 1200 de ellos han recibido sentencias o se han declarado culpables, segÚn nbc news. en temas econÓmicos, trump defendiÓ la necesidad de imponer aranceles a otros paÍses. aunque a pregunta expresa no ofreciÓ garantÍas de que eso no se traduzca en precios mÁs altos para los estadounidenses. en la entrevista redoblÓ tambiÉn sus crÍticas al plan de salud asequible, conocido como obamacare, asegurando que lo reemplazarÍa si encuentra una mejor opciÓn. >> obamacare stinks it's lousy they're a better answers if we come up with a better answer i would present that answer the democrats and to everybody else and i do something about it. >> el presidente electo adelanÓo que economÍa, energÍa y frontera serÁn sus prioridades en los primeros dÍas de su gobierno y que su discurso inaugural serÁ un llamado a la unidad del paÍs en washingto

could president biden issue preemptive pardons for some of trump's enemies jack smith's name is on my list liz cheney's name is on my list i think that they all should be preemptively pardoned cnn heroes on all star tribute meet and celebrate the honorees. >> then find out who will be hero of the year. plus a special tribute to michael j. fox cnn heroes, an all star tribute sunday at eight on cnn and one law firm, klein and spector, has won some of the biggest verdicts in american history. >> so if a defective product, motor vehicle accident or medical malpractice caused a catastrophic injury contact klein, inspector looking for a great deal on new flooring. >> lumber liquidators cuts out the middleman, not the quality. buy direct and save at lumber liquidators and right now save up to 50% on over 300 floors. lumber liquidators great floors for less lumber liquidators com. >> this is an important message for anyone and everyone with medicare. if medicare is important to you, then you need to hear this message, because medicare plans can change every year. and right now is the 2025 med

people who are trump supporters who believe the indictments that came out of the special prosecutor, jack smithitical as well. i think both sides feel that the other side is really talking past each other. the people who are in the justice department now feel that these indictments were fair and correct and a special prosecutor and so forth, the trump people believe they're political. i hope going forward that the justice department is not seen as political because one of the strengths of this country has been the rule of law, and i hope the justice department that's coming in now will continue that tradition. >> do you have a president in mind who, based on up study, grew in your regard and a president in your mind who, based on your study, got more diminished? >> harry truman left office extremely unpopular, and he was thought to be an inappropriate successor to the great fdr. now, because of books by david mccollough and others who wrote books about truman, people see him as one of our great presidents. post-world war ii he helped end the war because he dropped the atomic bomb. many think it

people serving in the administration in some kind of appointive capacity, jack smith, and below jack vel, looking at a lot of money and legal fees potentially if there is any kind of prosecution next year. that's a bit of a delicate situation. i talked to some democrats yesterday, joe, who said, you know, maybe the better idea is you create a legal defense fund or you get a handful of democratic donors to commit to paying the legal fees for everybody who would be targeted by the trump administration next year for any kind of political indictment. and you take care of it that way. the courts will dismiss the charges, and you absolve innocent folks of paying astronomical legal fees by getting the donors in the party to do the right thing. we'll see if that happens. >> i'm glad you brought that up. one of the things we were going to talk about earlier when talking about fear. democrats and others have to stop being fearful, and one of the ways they can do that is you can get big democratic donors. you can get law firms, powerful law firms. >> right. >> they could come to an agreement. >>

i agree that the jack smith case was more important.h more significant than the stormy daniels case. you want to bring the defendant of justice where you can. host: ok. let's hear from edward in michigan, democrats line. hello. caller: yes, the whole idea of this hush money to the two women, to stormy daniels and the playmate, the whole idea was to keep those affairs out of the news so that the voters would not have that information in 2016. because trump lost the popular vote in 2016. it was an extremely -- well, it was a close in the electoral college. it was a nailbiter in the electoral college. trump lost the popular vote. the whole effort, the payment, using the national enquirer or whatever, the whole idea was to keep this out of the news, cannot lose votes i assume trump had lost more women's votes he would have looked more like a philanderer or criminal. my guess would be if those two new stories had come out, the karen mcdougal and stormy daniels new stories had come out in 2016, trump would have lost the election by a larger m

o al fbi perseguir a su rivales politicos o a quienes lo investigaron como el fiscal e especial jack smith, dijo claramente que los congresistas que formaron parte del comite del 6 de ennero deberian ir a la carcel, en contraste con los perdones que planea emitir el primer dia de su gobierno en favor de la atacantes del c capitolio. >> cuando ya mas de 1.200 de ellos han recibido sentencias o se han declarado culpables segun nbc news, en temas economicos, trump defendio la necesidad de imponer aranceles a otros paises, aunque a pregunta expresa no ofrecio garantias de que eso no se traduzca en precios mas altos para los estadounidenses. >> en la entrevista redoblo tambien sus criticas al plan de salud asequible conocido como obamacare, asegurando que lo reemplazaria si encuentra una mejor opcion. >> si nos encontramos con un mejor, presentaria esa respuesta a los democratas y a todos los demas, y haria algo sobre adelanto que economia, ennergia y fronteras seran sus p prioridades en los primeros dias de su gobierno, y que su di discurso inaugural sera un llamado a la unidad del pais en was

o al fbi perseguir a sus rivales polÍticos o a quienes lo investigaron como el fiscal especial jack smith6 de enero deberÍan ir a la cÁrcel. en contraste con los perdones que planea emitir el primer dÍa de su gobierno en favor de los atacantes del capitolio, cuando ya mÁs de 1200 de ellos han recibido sentencias o se han declarado culpables, segÚn nbc news. en temas econÓmicos, trump defendiÓ la necesidad de imponer aranceles a otros paÍses. aunque a pregunta expresa no ofreciÓ garantÍas de que eso no se traduzca en precios mÁs altos para los estadounidenses. en la entrevista redoblÓ tambiÉn sus crÍticas al plan de salud asequible, conocido como obamacare, asegurando que lo reemplazarÍa si encuentra una mejor opciÓn. >> obamacare stinks its lousy they're a better answers if we come up with a better answer that answer the democrats and to everybody else and i do something about it. >> el presidente electo adelantÓ que economÍa, energÍa y frontera serÁn sus prioridades en los primeros dÍas de su gobierno y que su discurso inaugural serÁ un llamado a la unidad del paÍs en washington. javier

jack smith has now dismissed that case because donald trump is about to become the sitting president. and as i just said, doj has long had a policy. we're not going to prosecute the sitting president. but there's two other guys, walt noorda and carlos de oliveira, both of whom were mar-a-lago employees. coconspirators. neither of them is going to become president. so those cases can carry on. so what jack smith has done here is transfer those cases over to normal federal prosecutors, the u.s. attorney's office, not special counsel. so theoretically, pam, those criminal prosecutions can carry on, but it would not shock me whatsoever if donald trump very quickly pardons both of them as soon as he takes office. >> all right. >> elie honig with the legal lightning round tonight. thank you so much. it's so great to see you as always. and thanks for joining us. news night with abby phillip is up next. see you back here on thursday. >> tonight is past prolog. jimmy carter's death prompts a second look at his life and his presidency, and provokes a question about the current president. will t

of course, the president elect is no stranger to legal problems himself, while special counsel jack smith dropped trump's federal charges in the wake of his election victory, they could, in theory, be brought back leading to questions about whether trump would accept a pardon on the off chance it was offered to him jason would donald trump accept a pardon from joe biden? >> well, at this point, i don't know what joe biden is going to poll. i think it's nonsense. if it's some aspect of some pr play, he might try to do it. but president trump did absolutely nothing wrong that's why everything is disappearing. that's why he's focused on actually serving for this second term here. and so the reason why he won with such a mandate the american public saw this as nonsense. >> when president trump say no to a pardon though. >> come on, i'm not going to go and put words in the president's mouth, but everyone sees exactly what's going on. this is a complete media manipulation by joe biden. >> all right. joining us now, senior adviser to donald trump, jason miller. jason, thanks very much for being