a jury at trial, and then a defendant has an opportunity to evaluate that and potentially cut his or her losses by trying to work out some kind of cooperation agreement. i don t know whether that s already ongoing or whether that will hereafter. but it certainly will be standard practice for those kinds of discussions to take place. right. how about mark meadows effort to move this case up to federal court? he thinks he can get it dismissed in a higher court because he was acting as trump s chief of staff when all of this took place. that s his argument. how would that process work, and is it likely to happen? yeah, it s a pretty obscure federal statute that provides for removal to federal court of a state criminal case if it s against federal officials and they re acting in their official capacity. all it would do is move the forum for this trial to federal court. it wouldn t dismiss it. he may have other purported bases to move to dismiss the case. but it could simply change the
staff to seek to remove a state criminal case to federal court, but there is a catch as there often is and the catch here is that for the case to be removed for a federal officer under indictment in a state court to successfully bring a petition to move it to federal court, you had to have been acting within the scope of your official duties. i think you can make an argument that ensuring a fair and free election for a senior government official is within the scope of your official duty. i don t think you can make an argument that trying to overturn a fair and free election through illegal means is within the scope of your duties, so that is the gauntlet that mr. meadows is going to need to run and anyone else who wants to make a similar motion, i fully expect mr. trump to do the same thing but they re going to have to convince a federal judge that committing a
president tried unsuccessfully to overturn the election, he might succeed this time in becoming president again or having someone else become president and then simply erase this trial. simply then dismisses it all. the people who say we can t pardon out of these es kate trials. the current policy of the justice department, he s going to recognize that. her policy of the justice department is that a president cannot be tried even in a state criminal case while he s president. so as trump becomes president again, he can wipe out fani willis, alvin bragg. where is the country then? then it has someone who has demonstrated his willingness, ability to disregard the election returns.
classified information to a person who is not authorized to receive it. that could be another charge. my guess is, this occurred in bedminster i believe in new jersey and so it would be technically improper to charge it in florida because there would not be proper venue there. but i know some have suggested perhaps this is a charge prosecutors are keeping in their pocket that could be filed in a separate indictment in the district of new jersey. so that is one possible theory for that. barb, let me also ask you about a few developments about to happen quickly over the next in some cases the next 24 hours. tomorrow we are looking at walt nauta, trump s co-defendant in the classified documents case being arraigned in south florida. we are looking at sdny, federal judge in the southern district of new york holding a hearing to decide whether or not trump s state criminal case in new york can be moved into federal court. we also have just had an order from the judge in the classified
district of new york holding a hearing to decide whether or not trump s state criminal case in new york and be moved into federal court. we also just had an order from the judge in the classified documents case rejecting doj s, the prosecutor s request to keep the witness list under steele. in terms of, i know there s a lot of things happening all at once and a couple of different cases, but in any of these developments, any of these things that we re watching happening, and sort of laying those cases, signaling to you that anything strange is going on, anything concerning, or it would be developments in cases of these kinds? i think there are all sort of expected. certainly the nauta arraignment is nothing unusual. i think this is a usual question before the judge. i think it is likely to fail and the case will continue, there could be a surprise there. and the order with judge cannon, i know there has been some outright that the justice department is not heeding the