the cipa law is unfair it gives prosecutors a detailed road map to the trial defense strategy well before the trial begins does this give prosecutors an upper hand i think it does candidly, i think that the way that prosecutors try national security cases is very favorable to the government, and they ve generally been able to get away with that because there are very important secrets at stake in those cases, first of all, and second of all, you know, courts, you know, take very seriously, you know, keeping those secrets particularly when the defendants in those cases are usually people who might be unsympathetic. i think in this case with donald trump being the defendant, obviously former president of the united states, lots of eyes on this, i could see a court listening to challenges to some of these procedures, potential constitutional challenges and otherwise, and so for that reason, i think jack smith would be wise to tread carefully, to
quickly, joyce, in the time say we have left the new york times is reporting that trump aileen cannon doesn t have his notch trial experience that someone should have if they re having a lifetime federal point on the bench. how much of a concern is that going into a case as complicated as this? national security cases, cipa, these concepts are not common, at all. if you have a young inexperienced judged on the bench should there be a fear that she is not necessarily going to follow the law? maybe she will just follow her gut? i think there are two separate things going on here. there are legitimate concerns about them judge hannon s concern of bias when she was handling the mar-a-lago concern. they told that they did not have jurisdiction to be involved in this matter. that is a separate issue. ultimately it is my judgment that the government would be wise to pursue recusal before they get into a trial situation where double jeopardy attaches
brandon from nicolle to keep the nerdy quotient down. i will carry it in d.c. i will be overruled by all of. you it doesn t have to. i ve filed many cipa motions and been part of proceedings. it doesn t have to delay the proceeding, but it could only in the sense that you are talking about procedures that likely the judge isn t familiar with and potentially defense counsel is unfamiliar with. it could but it doesn t need to. in terms of andrew s direct question it certainly could fit within a six or seven-month timeline. it could. i think you will see the department of justice one of the first things it will do in the month of june is request a pretrial conference under the procedures, it s under section 2 and in fact there s only nine sections of cipa, any of you can read it in five minutes. they will file a motion for a pretrial conference with the judge to explain this is the classified information at issue here and to you can at that
the judge, hey, we need this stuff to show that there was a lawyer plot? well, so you re right. so let s separate the two, which andrew got me down the road of cipa and i ve stayed down there. we will just we will just put a fork in the road for a second. i want to add on a second part to this question, too. how as the public should we process parlatore was saying outrageous things about the federal government and people you are lauding as people of inn degree frit, i imagine they are like the two of you, they believe they ve proved their cases and preserve their reputations in their filings and in court, but that s an asymmetrical undertaking in the court of public opinion. so i would just add that as part two to ari s question about how to deal with the lawyer question. i appreciate the two-parter. i saw you take notes on friday. that s right.
fact that the person one of the people who were charged in this case is running for political office and that election begins next year and so to the extent that these allegations can actually see the light of day in a courtroom before the election and minimize the impact, that is in everyone s interest. i do think it is important to note even though and this has been written about and discussed, you know, there could be complications here when you talk about cases involving classified information that that can be a challenge. the department of justice can bring this case by the end of the year. i think you re going to see they re fully capable of doing that. andrew? so, brandon, i know you are an expert on cipa, the procedure translate, please. i have learned from you speak english. so cipa is the classified statute that both parties will