discovery. absent the court order. i know you said you predict this is going to start in the fall. jack smith has just asked for it to get moved from august to december 11th. when are we going to find an answer from cannon and is that your expectation that s when we ll see a trial? first of all, it is a fall. maybe a week or two before the fall. it s a variable. sure. yeah. i ll give it to you. i ll take it. i think judge cannon doesn t want to run into the case. the only thing that would prevent it from going is the issue with classified documents. she s going pursuant to the case manager and at the conference, they re going to talk about are the cloernss being expedited, how much time does it really need to review classified documents. why aren t redacted documents of summaries good enough?
so if they are able to successfully argue donald trump was in fact showing a classified document in that room to people who didn t have clearance, is that a slam dunk for the whole case? is it over? i think the difference is that jurors are going to care. they re going to all of a sudden think this hurts the national defense. talking about iran, you could jeopardize people s lives and donald trump on the core, on the tape says hey, this is cool. well, it s not cool, mr. president. not to talk about military plans to attack iran. you don t talk about that casually and you don t laugh about it. let me ask you about judge cannon s decision to deny jack smith s request to keep a list of 84 potential witnesses secret. 85 now, you joked about that. why would prosecutors want these names under wrap and why might the judge deny this?
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information from evan corcoran. that was key evidence in the indictment. we obtained that evidence because the special counsel argued there was an exception to the attorney client privilege, called the crime fraud exception. if judge cannon doesn t agree with that particular ruling, that was from a different judge in washington d.c., if she doesn t agree, all of a sudden, we lose that important evidence. so, am i realistically worried? i will say i am concerned that that is an option. only given her ruling in the special master case. hayes, quickly here. as we re thinking about how the former president is dealing with this campaign trail, how do you suspect, or do you think, desantis of the world, the pence s of the, world should be dealing with this as well? to break out of the pack? to win the nomination? i mean, ideally, to take advantage of this kerfuffle that s been going on. and actually try to say, look,
cannon doesn t rule his way. going back to the bullet points, there s one major one that doesn t happen at the front end. it doesn t deal with pretrial motions, but later at the end of the case, if trump is convicted, the defense always makes what s called a rule 29 motion. it s a motion that the jury got it wrong, pay tenltsly wrong, completely wrong, and take the case away from them and enter a case of acquittal. that s up to the judge and it s nonreviewable. there is a way i m not saying this is judge cannon but i m saying there is a way a judge can inject himself or herself in a criminal case at the very end with a judgment of acquittal, which is unreview about. there are no comebacks and the case is over. msnbc s legal analyst danny cevallos. thank you so very, very much. still ahead on way too early , we re going to have