after you. the judge can rule anytime after she receives the response from trump lawyers, and that could be as soon as tonight. it will be interesting in this first ruling from the judge to see what she says having come under attack herself from mr. trump. he says he can t get a fair shake from her. we ll be watching for any comments he makes about mr. trump s ability to attack core personnel, prosecutors, judges on social media, jose. how unusual is this kind of request from the justice department? well, jose it is actually entirely typical for a protective order to be worked out early in a case, to make sure that the integrity of the proceedings are protected, hence the word. of course obviously there s a lot about this case that is atypical. i do think it s important to emphasize that the special counsel s reasons here are entirely ordinary, and they mostly have to do with protecting witnesses, and so
special counsel calling on the judge presiding over the case to recuse yourself and accusing mike pence, former vp of disloyalty. joining us now nbc news justice and intelligence correspondent, ken dilanian and tali farhadian weinstein, former federal and state are prosecutor in new york. she is also an msnbc legal analyst. so ken, what are we expecting today? good morning, jose. we expect donald trump s lawyers to argue for a less restrictive protective order in this case after one of them said this weekend that the public is entitled to see some of the evidence as long as it isn t sensitive. the justice department wants an order forbidding mr. trump from making public any evidence turned over in discovery, and as you said, doj lawyers pointedly noted in that filing friday night that mr. trump has a habit of attacking witnesses, prosecutors, judges on social media, and they cited that truth social post where they said if you come after me, i m coming
i think one thing we have to keep in mind, jose, is that we re going to see this case play out in court and on television, and you know, sometimes people have different strategies in terms of what they have to say politically, and then ultimately what they have to do when they, for example, receive a subpoena. and ken, there s also another legal setback for trump in the manhattan d.a. s case? yeah, and in the e. jean carroll case. a video deposition taken of donald trump last october, handed over to new york prosecutors for use in the hush money trial against the former president set for march 25th of next year. in that deposition trump is asked about his infamous access hollywood comment where is he talks about grabbing women in a way that constitutes sexual assault, and he says he can do that because he s a star.
only at togo s. . charged in the killing, shaquille brewster, put some of this into perspective. what are we seeing? hi there, jose. one of the officers involved in george floyd s death is significantly higher than what even prosecutors were asking for. important to note once you factor in factors like good behavior and time served, this would not result in him serving any significant more time behind bars. it will just be about two more months. this is the final officer connected to george floyd s death, the final criminal case connected to that, and it marks
virtually any moment. if you were the judge, what parameters would you set to make sure the integrity of the case is maintained. boris, first and foremost, i would instruct donald trump that any evidence that his defense receives, that he receives as part of the prosecutors turning over the material in the case, that that evidence not be shared publicly because the danger is with donald trump s history of talking about cases, of attacking witnesses, the danger is that he will intimidate witnesses or otherwise affect the course of the case. so that is the bottom line. and that is well supported, notwithstanding first amendment limitations. that has to be the basis for the judge s instructions. ambassador, what could happen to trump if he doesn t follow the guidelines? well, he s subject to