most of the issues, fraud, who will be required to testify? that s an issue for the judge. whether or not there was any government misconduct like they claimed. that s an issue for the judge. the judge can set a hearing. they re challenging but it involves a former president of the united states and that has never happened before and hopefully will never happen again. that s why all the media is watching, the whole world is watching and our criminal justice system is on trial as well as trump. we will get an update as soon as the trial ends. jon sale, thank you as always for joining us. we appreciate it. my pleasure, katy. and coming up, i see a red door and i want it painted white. what changing a rolling stone
white suits walking in. it feels there s a two-man band running this given the stakes. it does not mean they re not the idea they don t have enough people to go through the documents is not going to be, i think, a prevailing remark. this is my favorite panel so far today. please come back and join me at the same time. it does make for interesting conversation. i love smart women. thank you very much. coming up next the perspective from john sale, a ruling on a trial date will mean for judge aileen cannon. what was this person thinking? sources at the pentagon say a u.s. soldier bolted over the dmz into north korea. what has since happened to that soldier? age is just a number, and mine s unlisted. try boost® high protein with 20 grams of protein for muscle health versus 16 grams in ensure® high protein.
and back with me msnbc legal analyst lisa rubin. i know our colleague ken dilanian is in the courtroom. any idea what might be going on? i think they re going back and forth on a whole host of issues related to scheduling which in the normal case would be boring. in this case it s everything and we are waiting with baited breath if judge cannon gives the government what they want, a december trial date, or push it out a few months in which case running smack dab into another trial the same defendant is facing in new york, or she could decide to delay it indefinitely which i think would be pretty amazing in its own right because the former president hasn t made a legal argument for why they can t have the trial. what is the argument he s made? this is such a big deal, wow, this is so much discovery. that s not a legal argument. what about if he has other cases going on? that s not a legal argument. it s a very good practical argument. it s not a legal argument.
the government asked for and that march date. i think it will be reasonable to both sides. we ll see. rarely appealable. the judge has a wide amount of discretion in setting his or her trial calendar. if she sets it in an egregious way that brings up all these fears where her loyalties lie after the way she ruled in the leadup to this, if the special counsel s team can t appeal a trial date, you said that s not possible it s usually not. there is an extraordinary writ, so just pick a number off the top of my head if she sets it off 14 months i think the special counsel has the ability to ask for this extraordinary relief and to ask to recuse her. i don t think she will do that.
they are the nonclassified documents, and we get them all the time. i don t agree with your prior guest, with all due respect, who said, well, the government went out of their way to show which are the important ones. they did but i would say, thanks a lot but you re not going to decide what are important documents. we hire an outside vendor, there are key words and we deal with voluminous documents. there will be a protective order. this has nothing to do with classified documents. the other issues are the presidential records act which i think does not apply but those are things for the court to decide. i think the judge will disregard the political factors and will be cognizant of the fake the new york case is set for march and