lose. as a prosecutor, you deal with it. i grow with dave. it may turn out she s not a good judge. it happens to prosecutors. you deal with it. just so everyone understands what happens. let s say, for instance, if, dave, she rules that the attorney-client privilege should not have been pierced, she makes the ruling, and jack smith appeals up to the 11th circuit, and based on everything we know, based on the law, the 11th circuit will reverse it and it will go back down. one more humiliation for her. if she makes the whacko rulings like last time, going back to the 11th circuit. i do love how it s playing out. it s not going to the 9th circuit, the most con seventive circuit in america with trump- appointed judges, and they reverse it and going back down
live with the judge you get. some are very good at managing the case in the courtroom and docket, and some aren t. if you re underlying facts of sound and the theory of the case is sound and you have investigated properly, you will be okay. this is not going to turn on the judge, i don t believe. i may be wrong about that. umpires make bad calls all the time, but the best team usually wins. not last night, jonathan. two out of three this weekend, but we don t have time to talk about that. dave, as you well know, the chief clerk of the federal court system in the southern district of florida confirmed judge cannon, this is her trial unless she were to recuse herself. give us your thoughts and preview what we are going to see tomorrow in the historic moment when the president of the united states appears in the courthouse to face charges. jonathan, i want to show
exclusive. the justice department s investigation into former president donald trump s handling of classified information may be at a turning point. multiple people familiar with the investigation tell nbc news the grand jury hearing evidence in the case expected to meet again this week. if the former president were to be indicted, it would be the first time a former president has been charged with a federal crime. he has denied any wrongdoing arguing he had the right to keep classified materials at his mar-a-lago estate in florida. i took the documents i m allowed to. i had every right to do it. i didn t make a secret of it. all i know is this, everything i did was right. we have the presidential records act which i abided by 100%. and with us now to talk more about this, nbc news justice and intelligence correspondent ken dilanian and dave aaronburg. ken, you have new information this morning about trump attorneys at the justice
meeting, not hearing any testimony from witnesses and one of donald trump s former lawyers said on meet the press yesterday that he believed that that signal that a charging decision in this case is imminent. he also suggested that it could be a decision not to file charges and for the special counsel to write a report. now that the grand jury is meeting again this week, we are watching closely to see where this case may go. we can t say either way whether there will be an indictment, whether there will be a vote this week. but it feels like a consequential moment in this investigation, jose. dave, what does this suggest to you? again, just conjecture. we don t know what that grand jury is going to do or not do. what does it tell you? what are you looking at? it tells you that trump s lawyers think he s about to be indicted. it s a consequential week. because generally that s when you go try to talk to the manager, you want to complain, try to influence the decision, but i don t
this meeting this morning? the three lawyers went to the justice department on, what more do we know about that? we just don t know the details right now. but dave s analysis seems to be spot on. and my reporting is in terms of merrick garland s outlook on how he s handling special counsel investigations, he s not getting involved. so the idea that he would overrule this a charging decision by special counsel jack smith, it s unimaginable. the regulations governing the special counsel say that the attorney general would overrule only if the special counsel acts in an extraordinary way, outside the bounds of what is normal and traditional at the justice department. if jack smith brings the case based on the evidence that we ve already seen and evidence we may not have seen, the signals i m getting here, merrick garland is not going to have his hands anywhere near it. the idea he has to approve charges is a misnomer. he can clock them, but no one i m talking to believes that that wil