WEBVTT

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OFFICER, CONSPIRACY TO COMMIT

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FILING FALSE DOCUMENTS AND

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FILING FALSE DOCUMENTS.

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LET’S BRING IN FORMER U.S.

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ATTORNEY BARBARA McQUADE AND

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MSNBC JUSTICE AND LEGAL AFFAIRS

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ANALYST ANTHONY COALLEY.

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HE WAS AT THE DEPARTMENT OF

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JUSTICE UNDER ATTORNEY GENERAL

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MERRICK GARLAND.

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THANK YOU BOTH FOR BEING WITH

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US.

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BARBARA, I WANT TO GET YOUR

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FIRST THOUGHTS ON THE INDICTMENT

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AND ALSO WHAT MAKES GEORGIA

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DIFFERENT.

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IT FEELS LIKE FANI WILLIS HAS

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TIME TO REALLY BEAR OUT THIS

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CASE AND GO THROUGH EVERY

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DETAIL, UNLIKE THE OTHER

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INDICTMENTS.

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>> YES.

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I THINK THAT SHE IS IN IT FOR

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THE LONG HAUL.

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USING THIS RICO STATUTE IS NOT

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ONE FOR A QUICK TRIAL OR QUICK

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DISPOSITION, 19 DEFENDANTS.

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IT IS A MASSIVE CASE.

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SHE DETAILS AS OVERT ACTS ALL OF

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THESE PIECES OF EVIDENCE.

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MY GUESS IS MANY OF THESE SAME

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PIECES OF EVIDENCE WILL BE USED

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IN THE FEDERAL TRIAL AS WELL.

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SHE HAS EXPERIENCE USING RICO.

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SHE’S USED IT 11 TIMES SINCE

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TAKING OFFICE.

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SHE UNDERSTANDS THE VALUE OF IT.

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YOU CAN BRING TOGETHER ALL OF

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THESE DIFFERENT ASPECTS OF A

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SCHEME IN ONE PLACE SO A JURY

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CAN UNDERSTAND THE FULL SCOPE OF

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IT.

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YOU’LL NOTE THAT SHE TALKS ABOUT

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CONDUCT IN COFFEE COUNTY AND

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CONDUCT IN OTHER STATES TO ALLOW

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THE JURY TO UNDERSTAND THAT THIS

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ATTACK WAS NOT ISOLATED IN

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GEORGIA BUT WAS INTENDED TO

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THROW THE ENTIRE ELECTION BY

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INCLUDING ALL OF THESE OTHER

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STATES.

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SO THIS CASE MAY NOT GO TO TRIAL

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IN THE NEXT SIX MONTHS AS SHE

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HOPES, BUT EVENTUALLY IT’S GOING

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TO GO.

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AS WE JUST HEARD, THERE’S NO

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PARDON AVAILABLE FROM A

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PRESIDENT FOR CONVICTION IN THE

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STATE OF GEORGIA.

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>> ANTHONY, LET ME ASK YOU ABOUT

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MERRICK GARLAND.

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YOU OBVIOUSLY KNOW HIM.

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YOU KNOW THE DOJ.

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YOU ALSO KNOW ABOUT

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COMMUNICATIONS COMING FROM THE

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DOJ.

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YOU’RE THE PERFECT PERSON TO ASK

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THIS QUESTION.

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DOES MERRICK GARLAND NEED TO

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COME OUT, HOLD A PREFERENCE ATSS

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CONFERENCE AT SOME POINT AND

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EXPLAIN ALL THE THINGS THAT ARE

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GOING ON?

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OF COURSE, WE SAY HERE ALL THE

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TIME THAT DONALD TRUMP’S CASES

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ARE DONALD TRUMP’S, AND HUNTER

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BIDEN’S CASES ARE HUNTER

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BIDEN’S.

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BUT RIGHT NOW THERE IS A LOT OF

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QUESTIONS SWIRLING AROUND THE

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HUNTER BIDEN CASE, THE

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"WASHINGTON POST" YESTERDAY

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SUGGESTED IN AN EDITORIAL THAT

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THINGS WEREN’T THE WAY THEY

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SHOULD BE.

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YOU’VE GOT THE SPECIAL COUNSEL

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HERE, YOU’VE GOT DONALD TRUMP

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WITH NOW FOUR INDICTMENTS, TWO

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OF THEM FEDERAL INDICTMENTS.

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WOULDN’T IT BE A GOOD IDEA FOR

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MERRICK GARLAND TO COME OUT AND

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EXPLAIN, FOR INSTANCE, WHY THE

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JANUARY 6TH TRIAL IS MOVING

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FORWARD IN AN EXPEDITIOUS

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MANNER, WHAT EXACTLY HAPPENED TO

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HUNTER BIDEN, SORT THROUGH IT

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ALL AND EXPLAIN WHY HE’S NOT

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RUNNING A POLITICAL DEPARTMENT?

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>> THAT’S EXACTLY RIGHT.

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THE ATTORNEY GENERAL AND I HAVE

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HAD THIS CONVERSATION MULTIPLE

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TIMES.

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I THINK HIS VIEW IS THAT IT IS

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BEST TO SPEAK THROUGH OUR COURT

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FILINGS.

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NOW, HAVING SAID THAT, THERE IS

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OBVIOUS UTILITY IN TALKING TO

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THE AMERICAN PEOPLE ABOUT THE

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PROCESS THAT YOU ARE RUNNING

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WITHIN THE JUSTICE DEPARTMENT TO

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MAKE SURE THAT YOU’RE FOLLOWING

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THE FACTS AND THE LAW AND THAT

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PARTISAN POLITICS ARE NOT A PART

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OF DECISION MAKING HERE.

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HE ABSOLUTELY SHOULD SPEAK

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PUBLICLY MORE TO THE EXTENT THAT

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HE CAN ABOUT ONGOING CRIMINAL

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INVESTIGATIONS.

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I DON’T SUSPECT THAT HE WILL.

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I WILL SAY THIS, JOE, I SPENT

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TWO YEARS THERE.

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I KNOW FOR A FACT AND YOU

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MENTION THE HUNTER BIDEN

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SITUATION HERE.

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WHAT’S IMPORTANT FOR YOUR

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VIEWERS TO KNOW IS THAT THE U.S.

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ATTORNEY IN THIS CASE, DAVID

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WEISS, HAS BEEN TREATED LIKE A

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SPECIAL COUNSEL FOR THIS ENTIRE

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TIME, QUITE HONESTLY.

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THE ATTORNEY GENERAL HAS

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DEFERRED TO HIS DECISIONMAKING

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IN THIS CASE.

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BUT TO YOUR POINT, THE ATTORNEY

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GENERAL HIMSELF CAN AND SHOULD

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SPEAK TO THAT PROCESS MORE THAN

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HE HAS PREVIOUSLY.

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>> I THINK IT’S FAIR TO SAY THAT

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BECAUSE OF THE NATURE OF THESE

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CHARGES, WE’RE NOT AS CONCERNED

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AS I’M KIND OF FIXATED ON IN THE

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OTHER CASES, PARTICULARLY THE

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TWO WASHINGTON-BASED CASES AND

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THE FLORIDA-BASED CASE, ON CAN

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WE GET THESE THINGS DONE BEFORE

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THE ELECTION OR CAN DONALD TRUMP

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PUSH THEM OFF?

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THERE’S REASONS TO NOT BE AS

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WORRIED ABOUT THAT HERE.

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WHAT DO YOU THINK THE TIMELINE

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IS FOR THIS?

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I HEARD JOE EARLIER IN THE SHOW

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SAY GIVEN THE SCALE OF THESE

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INDICTMENTS, THAT YOU’RE GOING

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TO BE LOOKING AT YEARS

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POTENTIALLY, THAT THIS IS NOT A

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THING YOU CAN GET DONE QUICKLY.

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SHE SAID LAST NIGHT, THIS IDEA

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THAT SHE WOULD TRY 19 DEFENDANTS

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TOGETHER ALL IN ONE PROCESS.

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THAT STRUCK ME AS A LITTLE

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FANCIFUL AND A NUMBER OF OUR

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LEGAL ANALYSTS SAID SO LAST

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NIGHT.

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WHAT’S YOUR SENSE OF THE

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MECHANICS OF HOW LONG IT’S GOING

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TO TAKE, HOW IT’S GOING TO

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UNFOLD IN TERMS OF WHAT WE CAN

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EXPECT TO SEE WHEN THIS THING

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FINALLY GETS INSIDE A COURTROOM?

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>> IN A PERFECT WORLD, I THINK

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FANI WILLIS WOULD GET HER WISH.

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THAT IS, MANY, MANY OF THESE

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DEFENDANTS WOULD PLEAD GUILTY,

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MAYBE EVEN FLIP AND COOPERATE

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AND YOU WOULD BE DOWN TO A SMALL

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NUMBER OF DEFENDANTS, MAYBE A

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CORE GROUP OF FIVE OR SIX.

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IN A PERFECT WORLD, MAYBE YOU

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COULD GO TO TRIAL IN SIX MONTHS.

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YOU EXCHANGE DISCOVERY, HAVE

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SOME ROUTINE MOTIONS AND THE

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CASE GOES TO TRIAL.

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BUT THIS IS ANYTHING BUT

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ROUTINE.

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WHEN YOU HAVE 19 DEFENDANTS, ALL

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OF THEM HAVE THE ABILITY TO HAVE

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ISSUES, TO FILE MOTIONS.

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EACH WINONE HAS TO BE RESPONDED

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AND HEARD BY THE JUDGE.

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THEY WILL INVARIABLY HAVE

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ATTORNEY PROBLEMS.

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SOMEONE WILL HAVE A LAWYER AND

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DECIDE THEY HAVE SOME SORT OF

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CONFLICT OF INTEREST WITH THEIR

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LAWYER AND WANT TO FIRE THEIR

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LAWYER AND START OVER.

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SOMEONE WILL GET SICK.

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THERE ARE ALL KINDS OF THINGS

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THAT CAN DELAY THIS.

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RICO CASES THAT I’VE HANDLED

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BEFORE HAVE TAKEN YEARS, NOT

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MONTHS, TO COMPLETE ALL

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DEFENDANTS THROUGH TRIAL.

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BUT FANI WILLIS CAN PRIORITIZE

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AND PUT DONALD TRUMP IN THE

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FIRST TRIAL GROUP SO HE’S IN THE

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FIRST BATCH OF FIVE AND THEN

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MAYBE SOME OF THE OTHER PEOPLE

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CAN BE TRIED DOWN THE ROAD.

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I’D BE VERY SURPRISED IF THIS

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COULD BE TRIED BEFORE THE

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NOVEMBER 2024 ELECTION.

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>> OBVIOUSLY WE JUST HAVE BEEN

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DOCUMENTING HERE JUST HOW

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SPRAWLING THIS CASE IS GOING TO

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BE.

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THERE’S A SENSE THAT THE JANUARY

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6TH ELECTION INTERFERENCE CASE

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BEING TRIED FEDERALLY IS

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DESIGNED TO GO MUCH QUICKER.

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MY QUESTION FOR YOU, IF YOU

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COULD DROP ON YOUR EXPERIENCE AT

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DOJ, WHAT LEVEL OF COORDINATION

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MIGHT THERE BE IN TERMS OF SOME

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OF THE SCHEDULING?

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THIS IS A DEFENDANT, DONALD

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TRUMP, WHO’S FACING FOUR

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CRIMINAL MATTERS, A NUMBER OF

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OTHER CIVIL ONES.

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HIS CALENDAR IS GOING TO GET

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PRETTY FULL, PRETTY FAST.

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HE’S ALSO RUNNING FOR PRESIDENT.

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WALK US THROUGH HOW THIS IS ALL

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GOING TO BE WORKED OUT.

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>> FEDERAL PROSECUTORS CAN AND

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SHOULD AND JUDGES CAN AND SHOULD

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TALK AMONGST THEMSELVES ABOUT

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THE CALENDAR HERE.

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THE OTHER IMPORTANT THING I WANT

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TO GO BACK TO WHAT JOE ASKED ME

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EARLIER, THE OTHER THING THE

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JUSTICE DEPARTMENT CAN AND

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SHOULD DO WHEN THESE FEDERAL

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CASES GET UNDER WAY IN 2024 IS

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PETITION THE JUDICIAL CONFERENCE

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OF THE UNITED STATES TO ALLOW

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CAMERAS IN FEDERAL COURTROOMS.

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FOR YOUR VIEWERS WHO MAY WANT

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KNOW, THE JUDICIAL CONFERENCE IS

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THE FEDERAL POLICYMAKING BODY

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WHICH DETERMINES WHETHER OR NOT

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VIDEO AND LIVE RECORDINGS CAN

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AND SHOULD BE ALLOWED.

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I SUSPECT MY FORMER COLLEAGUES

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AT THE JUSTICE DEPARTMENT WILL

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NOT AGREE WITH THAT TYPE OF

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STEP.

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THEY ARE INSTITUTIONALISTS IN

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THE KINDEST, BEST SENSE OF THE

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WORD.

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BUT THERE IS SO MUCH

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MISINFORMATION COMING FROM

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DONALD TRUMP AND HIS ALLIES

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RIGHT NOW.

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THE ABSOLUTE BEST THING THEY CAN

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DO TO ENSURE THE FACTS REMAIN

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FRONT AND CENTER IN THIS

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INVESTIGATION IS TO PETITION THE

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JUDICIAL CONFERENCE TO ALLOW

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VIDEO IN THESE FEDERAL

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COURTROOMS.

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JONATHAN, YOU KNOW, WHEN YOU

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TALK ABOUT THE CALENDAR AND

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2024, THAT’S THE BEST THING THAT