Transcribe your podcast
[00:00:00]

The news tonight. The Fulton County DA, Fani Willis, now warning it could take more than a year until her election, racketeering case against Donald Trump and others could wrap up.

[00:00:10]

I think the case will be on appeals for years. Okay, but I think that in terms of... I believe in that case there will be a trial. I believe the trial will take many months, and I don't expect that we will conclude until the winter or the very early part of 2025.

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And the Trump Organization fraud trial meantime, another case where Trump's a defendant. Trump today reshared a social media post attacking both the judge and the attorney general in New York. We took a screenshot of it, and it said, My fantasy, I would like to see Leticia James and Judge Engaron placed under citizen's arrest for blatant election interference and harassment. A front mouth, former Trump White House lawyer, Ty Cobb. And Ty, I just want to start there. That post that Trump reshared on social media appears to have since been deleted, but nonetheless, it was shared by him. You believe that that could be significant for Donald Trump? How come?

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Well, we do have pending the appeal of Judge Chuckin's gag order in DC. And these are the types of incinerary attacks that do lead to violence. He specifically asked people to conduct a citizen's arrest. Detention of either James or Ingarant would be a crime if committed by any individual who was so motivated by the President's remarks. It's much like what he did on January sixth. It continues to be off the rails in terms of the extent to which his inactive infects these proceedings and is the potential to intimidate witnesses. I believe that at some point, comments like this will result in Trump not only being sanctioned, which will probably be the first order of business, but at some point, these types of comments will result in him being put in jail pending some of these trials.

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It's just really stunning to imagine. I mean, just how that would happen and how horrible for this country. That would be on so many different ways and different levels. Tau, you're right.

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Particularly when your last guest reporter, we're talking about very serious events, real of serious events around the world. And this petty dictator-type talk that keeps coming from Trump just diminishes him and the United States every day.

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You just heard the Fulton County DA, Fani Willis, as well. She said her case against Trump could stretch into winter and then early 2025. Just to be clear for anybody paying attention, that would, of course, be likely post-inauguration, right? Of a new President, which could be Donald Trump if he wins. What does this actually mean?

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Well, you might recall that when the case was first brought, I said that I didn't believe that case could go to trial until 2025. And if Trump is elected, there's a significant issue about whether the state court can proceed against him, and if it's in the middle of proceeding against him, whether they can continue with him as a defendant. The federal rule, which is only a policy, it's not in the constitution, it's not a statute, is that you cannot prosecute, you can't indict or prosecute a sitting president during his term. There is no law yet on what the states rights are in those circumstances. But I think it's likely that a court may rule that they'd have to wait until the end of his term to finish prosecution of him.

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And what about in that odd window that may be in, right? Where say, he wins, but he's not yet a sitting President. That November to January.

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Right. I think in that window they could start the trial. But I think once sworn in, there's a substantial issue that, sadly, would interrupt the trial and ultimately be decided by the Supreme Court as to whether the state could proceed.

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All right, Ty, thank you very much. Ty Cobb, as I said, the former White House attorney. Thank you for your time.