counsel smith thinks about, is concerned about, when he thinks about the 2024 presidential election? i think you had it exactly right and you re introductory remarks. there is an election coming up. he wants to get ahead of a cycle he made it very clear in his filing today in the mar-a-lago case. he is also mindful of the fulton county d. a. s investigation. and as you point out, federal prosecutors usually win those turf wars. we were looking at the calendar to, mindful of the clock, this is what we kind of work night and day to get this model prosecution memo, out because i strongly suspect along with my co-authors, based on many, many decades of collective experience, this indictment, if it comes, will be coming in the next, as you say, probably 11 business days. so i think all of that is top of mind for special counsel smith and his team of intrepid prosecutors. danya, let s talk about what is outlined in this magnum
does the law to fund his terms? these statutes her old. there are four when people spoke differently. there is no definition in the statute of what is an insurrection and how is it different from quiet revolution. i think the draft prosecution memo does a good job of explaining health terms would apply. it really is the best interpretation available of those terms. so it is a pretty good case made their, this qualifies as an insurrection. that is something that would have to be litigated. i think there are issues around proof of the then president mental state. that is what i went to get to also, danya. we know that jared kushner has testified whether the president had corrupt intent, whether he knew he was lying around his claims that the election was stolen. other people have testified who
can t really say beyond a reasonable doubt, i saw it exactly. he brandishes things, shows them around and points to them. do we know that he actually said, look here, read this. it doesn t seem that smith hasn t yet. it doesn t totally matter. for the charges that he is bringing, it is really vivid evidence anyway. especially with an audiotape, as you were playing. danya, to harry s point about potential additional witnesses, what do you make of the additional subpoenas and ongoing documents investigation? i agree with terry. once again, that the government here is either looking to try and make a dissemination count or counts, or at least they re looking to beef up their unlawful retention counts with this kind of information. we ve been hearing about witness after witness that have been coming in that are talking about the way in which these
smith craft the january 6th related case? will it be bag? small? when will he do it? danya, we just weighed in on this on passing. i wonder from you, at least earlier this year, jesse hadn t spoken with jack smith. any reason to believe that might have changed? every reason to believe that has changed. a former governor jay-z was surprised that there had been no outreach at that point, i would be surprised if there hasn t been by this point. i m certain that former governor doocy is one of the many witnesses who have either been hall before this grand jury, empaneled by the special counsel, or will have come in voluntarily to meet with investigators. we know there has been a march on these witnesses. they include rudy giuliani and many, many others in various state legislatures and
president donald trump was charged with 37 criminal counts for unlawful retention of classified documents and for his efforts to obstruct the justice department from recovering secret materials. that on its own is a story of historic proportions except it may not be over yet. a federal grand jury in miami is still investigating the mar-a-lago case and in recent days the grand jury has issued subpoenas to a handful of people who are connected to the inquiry. now we don t know who received those subpoenas or what kind of information prosecutors are after, but post indictment investigations can result in additional charges, including charges against new defendants. well, now. joining me now is danya perry, former assistant u.s. attorney for the southern district of new york. danya, great to see you. thank you for being here tonight and helping me as well as everybody else understand exactly what the implications