What well garland do. Im Michael Smerconish in philadelphia, Attorney General Merrick Garland may eventually make a singular decision that determines the outcome of the 2024 election, whether the doj will continue to push for donald trump to be tried before election day in the federal case, premised on alleged Election Interference for months. Here, ive delivered commentaries focused on the timing of this particular prosecution because i think its most perilous to trump, and ive often done so with the assistance of elie honig will join me again in a moment. Heres the issue on wednesday, scotus granted cert and announced that the high court will hear Donald Trumps Immunity Defense i dont think the ultimate outcome is in dispute. I think trump loses that claim. In my opinion, its unlikely its illogical that the court will provide Blanket Immunity from criminal prosecution to an american president more important is the process, the timing of the courts Decision Garland told cnns evan perez in january that the cases were brought last year and that the timing is now in the hands of the judicial system. We know that the supreme courts Oral Arguments on trumps Immunity Claim are scheduled for the week of april 22. We dont know for sure, but it suggests that decision is probably then going to come in june and judge Tanya Chutkan has said that she will provide the parties with three more months to prepare for trial. That means were talking end of summer coinciding with labor day, the traditional start of the final sprint toward election day. The first debate is scheduled for september 16 at texas state university, and voting begins as early as september 23. States minnesota, virginia, and south dakota but the doj has a Standing Policy of not taking certain actions close in time to an election five recent attorneys general have all signed the same memo affirming the importance of keeping politics out of investigations and criminal charges republican Michael Mukasey in 2008, democrats eric holder in 2012, Loretta Lynch in 2016 republican bill barr in 2020, and democrat Merrick Garland in 2022 theyve all used the same language including this paragraph, quote, simply put, politics must play no role in the decisions of the federal investigators or prosecutors regarding any investigations or criminal charges. Im going to stress this part. Law enforcement officers and prosecutors may never select the timing of investigative steps or criminal charges for the purpose of affecting any election or for the purpose of giving an advantage or disadvantage to any candidate or Political Party the us attorneys manual has similar language. And when you think about it at all, makes sense if Law Enforcement officers and prosecutors may never select the timing of investigative steps or criminal charges for the purpose of affecting any election then perhaps the logic would preclude them from influencing the timing of a trial for the purpose of affecting an election in the maralago document case, special Prosecutor Jack Smith asked florida judge Aileen Cannon for a july 8 trial date. Trumps lawyers are asking for it not to be held until after the election. Theyre arguing that otherwise, itll be Election Interference yesterday, friday, judge cannon held a fourhour hearing on that case, but did not make any trial scheduling moves. She did, however, raised the issue of the socalled 60 day rule Special Counsel, prosecutor jay bratt said the doj policy does not apply to cases that have already been charged and that the department had reviewed the policy to ensure they were in compliance the trial date in the january 6 case will be set by judge chutkan, not the doj but rest assured, trump will continue with his delay tactics, hoping that he will win the election and either have doj stop the prosecution or selfpardon the way the doj influences the trial date will be in either agreeing or opposing trumps delay tactics. So heres the question for Merrick Garland does the policy which avoids an appearance of politics in investigative steps or criminal charges extend to actually trying a case. Arguably the investigation is over. The criminal charges theyve already been filed. So prosecuting trump in the leadup to the president ial election would not tell technically run afoul of those doj docs, like jay bratt said yesterday in the maralago case nevertheless, does Merrick Garland want the perception of putting a former president on trial at a time when he will be his partys nominee. If garland is hesitant to do so, then wheres the line for when it becomes inappropriate to try trump . Is it 60 days before an election . Is it 90 days before an election . Theres no precedent for this situation, no rule book governs this particular scenario truly, we are in uncharted waters. And Merrick Garland is holding a lot of the cards it all leads me to todays Poll Question today at smerconish. Com, go and vote on this. Is it appropriate for doj to try trump in the fall of 2020 for joining me now is elie honig, cnn senior legal analyst, former federal prosecutor, elie, thanks so much for coming back i think i made clear, judge. Judges set trial dates. Judges du but to what extent can a Prosecutor Affect that decision well, the prosecutor has a substantial say in this decision, michael, in every case, not just this one, theres always this sort of push and pull going on where prosecutors saying, judge, wed like to try this case soon, you usually sooner and typically defendants are seeking to push it back. Donald trump did not invent the delay tactic. Take my word for it. Ultimately, it is the judges call, but you are absolutely as a doj prosecutor, you are making a conscious specific strategy call in when you ask a judge for the election and judges do take that heavily into account okay. 60 days, 90 days. Where can i go and read it . Like where is this standard elie . It is nowhere, michael, so this is sort of an urban legend within doj. It comes from that twopage letter that you just showed in your introduction, which has sent by a. G. s of both parties over the last two decades or so. But that letter, what it says is that we at doj need to be careful and avoid taking publicly visible steps on a case that might affect the election too close to the election, but nowhere does it actually say the number 60. In fact, theres a little bit of variance where i was a prosecutor in new york, we were always taught it was 60 days, but you can get people from other districts federally who will say they were taught. It was 90 days, but the spirit of the rule throughout is basically we dont want to do things that will be visible to the public that might influence an election too close to an election. You and i have spoken in the past of how relative to jack smiths pleadings, the election is the voldemort, that which is never spoken explicitly. Nevertheless, if he is pushing to get the case tried before the election is he running afoul of the documents that i showed the Attorney General memos that weve been referencing so jack smiths team was asked that exact question as you discussed earlier in court yesterday, and they sort of threaded the needle and said, well, no, because we interpret that rule that we dont do things close to the election that only applies to investigative steps and the right, it applies to, for example, you would never do a Search Warrant on candidate 12 days before an election. You would never indict a candidate 14 days before an election. But if you look elsewhere, if you look at the actual justice manual now this is essentially the Internal Bible for doj. We all had them printed out on our desks. Theres a provision in there that says prosecutors should never select the timing of any action. Let me say that again. Any action with the election in mind, with the timing of the election in mind. And its hard for me to square that with jack smith making decisions, asking for trial dates, asking for everything to be mega expedited because even though we wont say it, i dont think anyone would disagree that whats motivated hitting him is the election day. So i do think that that violates dojs own internal manual so at a certain point in that hearing yesterday, in florida, i know this is probably confusing confusing for people who are not in the weeds on it, but at a certain point in that hearing the Trump Lawyers then of course they dont want the case tried before the election. But at a certain point they said, well, maybe august would be appropriate. And i wondered, la are they potentially using the florida case to block the january 6 case because as between the two and im curious to hear your thoughts. They probably rather he be tried for the maralago documents, then the Election Interference in dc thats exactly my read. Theres a strategic play happening here that we just saw it yesterday. So i believe that Donald Trumps team thinks that they would if they had to choose, they would rather try the florida case, the documents case, then the dc case. First of all, trumps team is going to have a way more favorable jury pool in florida than they will in dc. If you just look at the popularity numbers, the Voting Numbers in second of all, i think theyve calculated that there will be more political damage done on the january 6 case. Its just more damaging conduct thats more problematic for donald trump. And so when they asked yesterday, the job judge in florida for an august trial date, i dont think they really want an august trial, but i think what theyre trying to do is block out august, september, october to make it impossible for the dc case, the january 6 case, to get moved that and by the way, if a trial date is set for july or august in florida, thats not set in stone. Judges set trial dates and then Something Else comes up and they move them back all the time. So i think theres a twostep here. I think theyre saying okay, florida judge, will accept the trial in august, and then watch her them in june or july. Trumps team to go back and go. Something happened, problem with the classified documents. Now you need to move it past the election. Quick final question as between Merrick Garland and jack smith, who is calling the shot as to how aggressive to be in pursuing for a trial even if it means in the fall well, it should be jack smiths decision. If we look at the guidelines about that govern Special Counsel, it says that the Special Counsel is not subject to the daytoday supervision of the Attorney General, Merrick Garland has made very clear. Im not calling the shots here, but i do think its also worth noting, michael, if we have two apportion blame here within deal doj lets remember the reason we are under a time crunch is because doj had unilateral control of this case. And when they charge it and they did not charge it for two and quarters years. Most of that blame falls on Merrick Garland, jack smith actually indicted this case about nine months after he took over. And so when they indicted this case, i dont know if people even remember this. This case was indicted in august of 202037 months ago. And when they indicted in august 2023 doj left themselves and all of us with about one year to get this case tried an enormously complex case. They should have no, there would have been major constitutional issues like this. I wrote about it in my book before for this case was even indicted. It was obvious they let themselves with not enough time. And the fact that were in a time crunch now, i think mainly the blame here falls on doj, specifically Merrick Garland its a great point. Elie. Thank you. As always, really appreciate it theres a lot there to unpack. I want to know what you think. Go to my website. Its smerconish. Com. Answer todays Poll Question. Now that youve heard the briefing from elie, is it appropriate for doj to try trump in the fall of 2024 . What are your thoughts . Thoughts hit me up on social media. Ill read some throughout the course of the program. What do we have . Be careful what you wish for so far these indictments have only fueled the trump campaign. I would not like to be a prognosticator can i say sache to your point when you say theyve only fueled the trump campaign, catherine, im sorry to catch up. Cold do you have the full screen of the New York Times poll that came out this morning from sienna college, because this is the very latest data from there. It is 48, 43. So to your point, sache, be careful what you wish for. And i get it. Its more than just this issue, but thats that is the most its recent polling on the state of the president ial race still to come Super Tuesday. Super tuesday is this week. But while the results of the major parties seem preordained, the third the party situation is heating up rfk junior just got on the ballot in the crucial states of arizona and georgia and is still in play for the libertarian slot. Meanwhile, friday no labels the next friday, no labels is going to gather reps from all 50 states and decide are they moving ahead with a ticket . One person who has already pulled out as nikki haley plot us. Its conventional wisdom that the core issue for republicans is the border and for democrats is abortion and reproductive rights. How come when pollsters ask . Voters whats important to you right now . Abortion didnt make the list. The editorinchief of gallup is here to explain in just a moment. 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Thats gone up eight points in the last two months alone especially among independents, 54 say illegal immigration is a critical threat to us security. Its no surprise people are fed, feeling fed up with the current system. Last week we felt the impact of poor Border Security in places like athens, georgia, where laken riley was brutally killed while out on a campus jog the suspect arrested was found with enter the country illegally as a venezuelan migrant and this week in new york city, mayor eric adams is calling for changes to the City Sanctuary Policies after several crimes in the city were traced back to recently arrived migrants, biden and trump. They both towards separate Border Sectors in texas this past week. No doubt its a simultaneous visits were prompted by a steep rise and concern among voters during an election year. But is this the only top of mind issue is past midterm election. Abortion was deemed the pivotal concern for voters following the fall of roe versus wade. It might very well still be, but not according to this recent gallup poll, they asked one thousand and 16 people across all 50 states to say what they believe to be the most important problem facing the country. Womens reproductive rights did not even make the list. Immigration government, and the economy were the top three. So which one will be the issue if there will be an issue in 2020 for joining me now to discuss, is the editor in chief if of gallup, Mohammad Yunus muhammad, nice to have you back. Were you surprised that the recent survey didnt have abortion among the top 15 . Not necessarily. I think what i was looking for in this survey, what our team was looking for is whether immigration was going to continue to inch up because weve seen it inching up now for months, this is a question we ask everyone month it is. What is the most important problem facing the country today . Its an openended question. Michael, people could say, Michael Smerconish is the most important problem facing the country, right there. Im sure some people would feel that way, but 28 of americans right now say its immigration 57 of republicans. But you know, michael on it immigration. I think this is not really the question that tells us how potent this issue is. The next question is really where its at, which is the critical threat question. This is a question where we present americans with a list of potential threats facing the vital interests of the United States at the top is always real recently, cybersecurity and terrorism Nuclear Capabilities of a various states. But right in the middle of that list, is this issue of people crossing the border without documentation at the south. And right now, 55 of americans, a record high in that questions trend are saying that this is a critical threat facing the vital interests of the United States. 90 of republicans, 54 of independents on that list. Michael, this issue of immigration is actually right inbetween chinas military power. And right above ukraine and the war there. So in terms of the order of what im, what im hearing, mohammed what im hearing from you is folks are seeing this in a National Security context absolutely. And thats exactly what this question aims to gauge is of all of the National Security issues, what are, what is the ranking order with the public and what this poll shows is that this topic is smack dab in the middle of that list okay, so you said you werent surprised that abortion and i should point out this was an openended question. Its not as if gallup read two people 15 issues. You said, hey, tell us whatever you want to tell us, and abortion wasnt on that list we just had the Ivf Situation in alabama which put it back on the front page. Were you in the field before or after that new story. We came out of the field right before that news story and im happy you brought up alabama, this is all not to say that abortion is not going to be a critical issue for many voters. What weve seen since dobbs is a gradual shift to people wanting to see less restrictive Abortion Laws in the United States, among those who are dissatisfied with Abortion Laws, but more importantly, we saw a significant uptake in people identifying as pro life. Now that jumped to 55 , thats now back at 52. And people who identify as pro, excuse me, pro people identify as prolife, are now back on the upswing so the dobbs reaction is in the middle of a Calibration Recalibration Back to where things were. Decisions like what happened in alabama are only going to refocus people who are prioritizing this issue to continue to focus on it. And i would imagine i dont know if it is going to be at the top of the list, but situations like that will make abortion more likely to make that most important problem list. But right now, Mohamed White wipe, wipe the slate clean, youre the editor in chief of gallup. Give me the 30 version big picture of what you find most significant about the mood of the country right now, i think the most significant thing is President Biden is significantly behind every modern predecessor that sought reelection on a series of metrics that have been the core of where the country looks to decide to reelect somebody one is, are you better off than you were three years ago . But overall approval Economic Confidence improving, but certainly not where he would want it to be. And then the major issue that we havent talked about for him with his base is the middle east conflict. We do see democrats giving him his lowest marks on that issue, 60 of democrats approved on that issue at plus approved overall. So on those historic metrics, hes behind and his team, im sure is focused on that to be continued, youll come back. I hope. Mohammad. Thank you so much. Thank you. Social, media reaction, this comes from the world of x, formerly known as twitter. Its good to see biden is finally acknowledging that the border is a problem. Vice president harris, as borders are, has not done anything close the border, deport those that crossed illegally. Its not difficult. I dont know if its so simple as you put it, but youve got two different approaches. One being the president talking President Biden about Recrafting The Asylum Rules through Executive Order. I dont know how you pay for it. If youre doing it through Executive Order and trump talking about mass deportations. And of course, trump having put the kibosh on that Senate Bipartisan bill and seemingly not being held accountable for for that, at least by republicans. I want to remind you, go to my website at smerconish. Com. Heres todays Poll Question. Is it appropriate for doj to try trump specifically now, in the fall of 2024, thats what im getting after in the question up ahead is the 2024 president ial race about to get a lot more intriguing this coming week this friday, no labels is going to gather 800 delegates from all 50 states to decide whether to mount a thirdparty unity ticket meanwhile, rfk junior got on the ballot of two key states to Battleground States, georgia and arizona and spoke at the recent california Libertarian Convention. Might they joined forces, meaning rfk junior and libertarians . Be sure to sign up for my free Daily Newsletter. Its, were kind of style calm when you vote in the Poll Question, youll get exclusive content from winning cartoonists editorial, prizewinning cartoonist like twotime Pulitzer Prize winner steve breen, check that that out backroom deals, cia secrets of fairs february corruption, prostitution theres so much more to the store. 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Harness the power of xfinity internet and stay connected to the things you love. Ah, theyll be like this for hours. Hello dad, hello dad, hello da. Uhoh. Good bunnies. Ahh dash. Com and see how much you can save tomorrow. Van jones. Its home to find out what is driving the divide in tennessee politics. There has been a very after 20 to 30 year effort to separate us. The whole story with Anderson Cooper tomorrow at eight on cnn well, a Third Party Candidate emerge after Super Tuesday, more than a dozen states will hold their primary races in just three days and then three days after that the centrist group no labels says that it plans to evaluate their chances of pushing for a third party choice. This is the statement no labels gave to us on march 8th. We will gather our 800 delegates from all 50 states who would ultimately approve a final unity ticket to discuss the path forward nikki haley says, shes rejecting a third party, no labels president ial bid possibility because she wouldnt be able to work with a democratic vice president. Meanwhile, American Values 2024, thats a Political Action committee thats helping robert f. Kennedy juniors president ial bid says, it has gathered enough signatures to get his name on the Arizona In Georgia ballots in november. Biden President Biden narrowly won both of those states by less than half a Percentage Point in 2020. The pack also says that it plans to spend up to 15 million to target ten other states, including texas, california, new york, and the critical Battleground State of michigan where President Biden faced a sizeable protest vote from uncommitted primary voters this week, robert f. Kennedy jr. Spoke at the California Libertarian Party Convention Last weekend is also been invited to speak at the new york Libertarian Convention as well. Theyre going to decide who their nominee will be memorial day weekend, when asked if rfk junior was still in contention for the libertarian line on the ticket, the Partys National committee chairwoman, Angela Mccardle told us, yes, he is joining me now is matt well, shes the editor at large at reason, the nations leading libertarian magazine where he recently wrote this piece president ial ballot will be crowded with Third Party Candidates. So matt, nice to have you back. What chance is there that rfk junior ends up as the libertarian nominee . Why would put it right now is pretty much slim, none and fat he was just at the California Libertarian Party convention as you just mentioned, and they held a straw poll afterwards, 95 votes. He got one. He came in 11th Place Lars Map stead got 24. He has a series of decidedly nonlibertarian Policy Positions on things like environmental regulation and the minimum wage, free speech and plenty other things besides and libertarians are like wet cats. Theyre very difficult to hurt and they dont like to be told by Rich Famous Outsiders that they need to vote for their candidates. So i dont think its very well. He can he get can he get on 50 State Ballots without being on the libertarian line as i just mentioned, he just got on georgia and arizona. Those are two Battleground States. Yes. So theres two main ways that you can get on ballots as a nontraditional president ial candidate. One is through the long slow joyless patients slog of partybuilding volatile on terrorism and just fighting in the trenches over multiple cycles, the Libertarian Party does that very, very well. Theyve had, theyve been on 50 plus one State Ballots for the last several elections. The other way is to throw a whole bunch of money at the problem. Rfk has a whole bunch of money. Hes going to raise the already has raised more money than any libertarian ticket ever had. As a rubber probably will in the near term. So if you throw money at it, which he can and already has been doing, then you can hire the Signature Gatherers higher the lawyers to fight the states that are throwing all kinds of incredible a roadblocks at them, including kansas, which is just about ready to quadruple its signature requirements based on a law thats going to be signed probably in the coming days. Next friday. No labels gathers 50 states, 800 delegates im wondering. I remember there was a republican leader in philadelphia. I knew him, billy me and im giving him the credit whether he deserves it or not, because hes the first person i ever heard say you cant beat somebody with nobody. Are they going to be able to find someone who is meeting the criteria theyve set for set forth to be their candidate, their ticket, if they decide to do this, theyre running out of warm bodies. I mean, they were flirting with joe manchin for a long time. And hes criticizing them pretty strongly in saying that theyre going to play a spoiler role if they run and they have said going in, we will not be a spoiler. Were not going to hand the election to trump. Were only going to run if we can win. Nikki haley just dropped out. Larry hogan has a previously xps only people like Chris Christie who is thirsty for the white house thursday has joe biden used to be before he got there . And im not sure that theres this Big Centrist Groundswell In American Politics right now, people are fed up with establishment politicians, but not really eager for more third Party Establishment politicians. So i dont agree with that going i dont i dont agree. If your if your argument if your argument is theres not a groundswell well, for Chris Christie, that i believe all the data shows it but i look at all the data you do and threequarters of americans, they want another choice. I think the Moon And The Stars have lined up for this election but you got to have candidates. Youve got to have. And ive not heard any names so far that i think. Okay. Thats the ticket. You get to the final word. Go ahead yes, i agree with you and theres going to be a stronger thirdparty showing this time than weve seen since ross perot. The question is to who and to where. I think no labels has some internal contradictions that they need he the workout and that they havent at all. And so its just a question of who are the bodies in the field right now, that body is rfk. Matt, thank you for being here. I appreciate it. Thank you, michael lets check in on social media by the way, just thinking of the week ahead Super Tuesday on tuesday, state of the union on thursday. Of course, you can watch it here on cnn and then friday, no labels with its gathering going to be incredible what do we have . Third party will never win a president ial election. The media covering this is why the media is no longer a trust stood source. I think what youre saying, Antjuan Jackson is because the media doesnt give deference to thirdparty candidates. This media does id love to give more attention to thirdparty choice. I know some people they say, well, im all for having a third party choice, but not this year. The stakes are too high. To which i say this is the perfect cycle. When will you get more disenchantment with both the leading candidates . Then this cycle, ive never seen anything like it so to convert secret Service Report just revealed that there were two dozen biting attacks on secret Service Agents before President Bidens German Shepherd commander it was finally removed from the white house. What took so long. And whos to blame for this . The dogs are the owners, dont forget vote on todays Poll Question at smerconish. Com, isnt appropriate for doj to try trump in the fall of 2024, go vote Frank Sinatra had connections with the mafia and all these nightclubs were owned by the mob. You didnt want to make those guys anger that he was two vegas story of sensitive tomorrow with ten on cnn my hair is thinning all around my hairline my dermatologist recommended neutrophil. Its 100 drugfree and clinically tested. Harris longer, thicker neutrophil is lifechanging for me et growing at neutrophil. Com. 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Thats what i just said, right . Its this less starting at 40 a month . This source with Kaitlan Collins week nights at nine harry truman once said, you want a friend in washington, get a dog, but President Bidens twoyearold German Shepherd commander was finally exile from the white house last october, after a series of biting attacks on secret Service Agents, it took a Freedom Of Information Act request for the public to learn all the gory details, the frequency and severity of the violent encounters. More than 400 pages of heavily redacted Us Secret Service documents revealed that there had been two dozen attacks in a year one incident left so much blood on a white house floor that a tour had to be interrupted while it was mopped up. Another in Rehoboth Beach left an agent needing six stitches in his forearm. Another senate agent to the hospital and that doesnt include additional incidents that cnn has previously reported involving Executive Residence staff and other white house workers hes the second German Shepherd to be removed from the white house in 2021. The familys elder dog, major caused an injury to a secret Service Agent before being taken away to delaware. In the documents, agents complained that the dogs, even after being put on supposed high watch, would sometimes appear out of nowhere or be roaming around unsupervised, joining me now is jill abramson, former executive editor of the New York Times, who wrote this piece in the Washington Post dont blame bidens dogs for the blood on the white house floors, joe, thank you for being here. You pored through all the documents. What most stood out to you well, before we go into the details, i just wanted to give a hat tip to cnn because none of us would know about these incidents. But for cnns Freedom Of Information Act request for the secret Service Documents. But you know, they reveal very serious attacks by these dogs and its mainly commander who was the myths krahn in the attacks described most in the most recent documents released. But as youre you mentioned, major, another German Shepherd owned by the bidens, also was responsible for some bytes. So it just struck me as very few people have two dogs who are both fighters like that and biden i think secret Service Agents who protect the first family and also other members of the white house staff that was not a very appetizing, certainly picture to read through all of the descriptions of the its attacks. They were attacks so your column, your essay prompted a conversation with my wife about our dogs and its kinda funny. Our recollections differ. I revere the memory of our first dog, winston, a Cocker Spaniel and she said, dont you remember winston was sometimes aggressive with our kids when the kids were young and i said, well, thats because they often had food on their fingers and then she said, well, what about checkers . Are labrador. And i said, well, checkers was a sane and she said, dont you remember that day with the fedex delivery man to which i think i said, well, that guy i deserved it. After checkers, we had to miniature dachshund mr. Lucian floyd. She reminded me that floyd was a bit of a nippur. I had to concede that point now we have two rescues core and pots. My wife said whenever theres a worker in the house, we always keep cora locked away and i said thats because core is a good guard dog. She doesnt like strangers. My point, jill abramson, is this dogs are sometimes unpredictable. Even my own so true and right now as im talking to you, my goal magic, my dog is to be snoozing peacefully on a couch across from me hey, but should someone go by the window, he may start barking and it may sound ferocious, but the kinds of behaviors were talking about are not the ones described in the secret Service Documents i have nadh who had Terrible Lesia grid as but the point is that when when youre worried about an animals unpredictable or even violent behavior, you bring in trainers who know how to work with the dog. It takes a lot of work by their humans to get these behaviors its gone, but in this case, nothing seems to have war in the dozen, two doesnt happen to the one byte rule. Two dozen incidents. And its the Secret Service being bitten jill, thank you for being here. I appreciate your having written that piece michael and your dogs are beautiful. Thank you for that on that, my wife and i agree thats what we agree. They are beautiful. All right. Checking in on your social media comments from the world of x, formerly known as twitter. The fact that this is a story just shows people are trying to take biden under focus on the policies that are arguably not good for his dog behaving badly, right . It is a cheap shot. Like how could we even be talking about this, right . No, no, no, no, no. If one person were bitten if two people, five people, 22 incidents. And its the Secret Service who are being bitten. Its worthy and we only know it as joe said, because cnn filed a foia request, know its a legit story. Sorry. Still to come more of your best and worst social media comments and dont forget to vote on todays Poll Question at smerconish. Com, is it appropriate for doj to try trump in the fall of 2020 . Four sign up for the free Daily Newsletter when youre there, jack ohman provides exclusive content to us. Hes the Pulitzer Prize winning editorial cartoonists. Check that out. 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Our republican opponent here on this stage has voted for donald trump twice. Mr. Garvey, you voted for him twice. As your own man, what is your decision . Garvey is wrong for california. But garveys surging in the polls. Fox news says garvey would be a boost to republican control of the senate. Stop garvey. Adam schiff for senate. Im adam schiff, and i approve this message. And be ready for monday, sign up for free because it otter. Ai, ai or download the app. Know we spitzer crusading governor by day, wanted to be present in the United States. Client number nine hi and bye nights. This guy whos a crusader against Human Sex Trafficking is actually a customer United States of scandal with jake tapper, new episode tomorrow at nine on cnn okay, there it is the result. So oh, come on come on, guys. Ladies is it appropriate for doj to try trump in the fall of 2024 . Nearly 40,000 have voted so far and 88 are saying yes, my, my, my disappointment is seen, put that camera on me for a second. Its not that lopsided a question. It is not it is not a 90 or like youre making me think that if instead the Poll Question today was, why dont we just dispense with the trial and move right to the sentencing phase. That would probably be get 82 of the audience today. No. Its the wrong answer, at least by that margin. Its a much closer call okay. Heres some social media that came in during the course of the program. What do we have . It appears trump has scotus as his law firm, the gop congress, as his campaign arm, and you as his media. Where are the checks and balances, ms bo asks elie honig again, made an excellent point if were up against the clock in concluding the federal prosecutions of donald trump its not trump and his lawyers or scotus as fault. Its Merrick Garlands fall because he lollygag, it never should have taken so long for him to appoint jack smith. Jack smith has moved expeditiously. So trump is doing what any defendant would do in that case, but hed run out of time if garland had gotten off the dime. Thats the bottom line. What else . I love this part of the show, you know, i do if people dont vote third party, this cycle, they never will. I have to say, eric in god if im talking about the 2028 election, im not talking about thirdparty candidacies. If this cycle doesnt at least produce a legitimate threeway or threeway plus contest where somebody gets on the debate stage, right . Allah . Ross perot, then i to give up, i to give up because this, according to all the data is the cycle where people are yearning. Gallup says a plurality or independence than not publicans or democrats. People want a choice. Give it to them. One more. If ive got time not closing the border will cost biden the election. He cannot win private account. I got to say that poll today, the combination of the gallup data and Mohammad Yunus, the editor in chief, dissected it for us. 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