NEW YORK MAGAZINE SAYS HE LOSES
THE RACE FOR THE WHITE HOUSE,
THE BAKEHOUSE AWAITS.
AND JOINING ME NOW, HARRY
LITTMAN, FROM U.S. ATTORNEY AND
CLINTON ADMINISTRATION DEPUTY
ASSISTANT ATTORNEY GENERAL.
IS NOW HOST OF THE TALKING FEDS
PODCAST AND LEGAL AFFAIRS
COLUMNIST WITH THE L.A.
TIMES.
I READ YOUR ARTICLE IN THE L.A.
TIMES AND THAT IS WHY MY
FRIEND, YOUR ON THE SHOW.
WE ARE GOING TO TALK ABOUT
THIS.
WE ARE GOING TO RUN TWO
SCENARIOS BECAUSE FIRST UP,
EVEN IF HE WINS HE WOULD NOT
HAVE THE POWER TO MAKE THE 34
NEW YORK CONVICTIONS GO AWAY.
SO HOW DO YOU SEE THESE
SENTENCING PROCEEDINGS IF HE
WINS, AND CONVERSELY, IF YOU
LOSE IS?
>> LET'S START WITH IF HE
LOSES, ALEX.
IF HE LOSES, IT IS A RELATIVELY
LOW-LEVEL SET OF FELONIES UNDER
NEW YORK LAW, BUT THERE'S
PLENTY OF PRECEDENT FOR JUSTICE
-- A SHORT AND TRANSITORY
PENALTY AND PEOPLE SHOULDN'T
FORGET THIS, A FAIRLY LONG-TERM
PROBATION, WHICH IMPOSES REAL
CONSTRAINTS ON A MAN WHO HAS
BEEN USED TO DOING WHATEVER THE
HELL HE WANTED HIS WHOLE LIFE
AND WILL HAVE TO SAY PRETTY
PLEASE.
AND THERE'S JUSTIFICATION FOR
DOING IT HERE, NOT JUST THE
CONVICTIONS HE VIOLATED 10 GAG
ORDERS, HE HAS YET TO ADMIT
REMORSE, WHICH JUDGES CARE
ABOUT.
THAT IS WHAT HAPPENS IF HE
LOSES.
EVEN THOUGH HE WOULD HAVE
APPEALS AND WOULDN'T SEE THE
INSIDE OF RIKERS ISLAND CELL,
FOR A YEAR OR MORE.
IF HE WINS, YOU ARE RIGHT, HE
CAN'T MAKE IT GO AWAY BUT I
THINK THE FEDERAL COURTS AND
U.S. SUPREME COURT MIGHT SAY,
YOU CAN'T DO IT, YOU CAN'T
INCARCERATE A SITTING
PRESIDENT, WHICH ACTUALLY, TO
ME MAKES SENSE.
WITH THAT, WHAT THAT WOULD DO
IS FORESTALL THE WHOLE THING
WHILE HE REMAINS PRESIDENT.
JANUARY 20th, 2028 OR WHATEVER,
HE WOULD BE PREPARING HIMSELF
THEN.
>> YOU WROTE IN THIS L.A.
TIMES ARTICLE I REFERENCED,
VICTORY FOR KAMALA HARRIS WOULD
LEAVE TRUMP WITH NO NEW CARDS
TO PLAY AGAINST THE JUGGERNAUT
OF CRIMINAL CASES AGAINST HIM.
BUT IF TRUMP LOSES THE
ELECTION, CAN HE STILL TIE UP
THE JANUARY 6th CASE AND
CLASSIFIED DOCUMENTS CASE IN
LITIGATION, THAT DRAGS ON AND
ON?
>> I WOULD SAY THAT DRAGS ON,
BUT HIS ON AND ON DAYS ARE
PRETTY MUCH DONE.
YOU ARE RIGHT, THAT ESPECIALLY
THE JANUARY 6th CASE, WE'VE GOT
A YEAR AHEAD OF US, OF SLOGGING
THROUGH THE SUPREME COURT
OPINION ON IMMUNITY AND
FIGURING OUT WHAT GOES THERE.
IT IS ALWAYS A QUESTION MARK
WITH EILEEN CANNON, BUT HER
DISMISSAL OF HIS CASE IS RIGHT
NOW, SERVED UP TO THE 11th
CIRCUIT.
SO YES, NOBODY SHOULD EXPECT
THESE CASES ARE RESOLVED IN
FEBRUARY OR MARCH.
BUT NEVERTHELESS, I THINK HE
WILL BE RIGHT INTO THE CRIMINAL
JUSTICE SYSTEM AGAIN, AND
THERE'S JUST NO OPTION HERE,
YOU CAN IMAGINE A SCENARIO WHERE
IN SOME NIXON/-- NIXON/FORD
WAY, THERE IS A GRAND DEAL.
YOU DON'T HAVE TO GO TO JAIL
BUT LEAVE US ALONE.
BUT THAT CAN'T HAPPEN HERE.
FOR ONE, HE WOULD NEVER
ACCEPTED AND EVEN IF HE SAID HE
WOULD, NOBODY WOULD BELIEVE HIM.
SO THE CRIMINAL JUSTICE SYSTEM
IS GOING TO PLAY ITS ROLE.
IT IS NOT A FAST ONE, BUT IT IS
REALLY THERE IN A MATTER OF A
YEAR OR TWO.
DURING WHICH, THERE'S GOING TO
BE ALL KINDS OF LITIGATION AND
THINGS FOR US TO LOOK AT, MONTH
IN AND MONTH OUT.
>> WHAT A VICTORY FOR TRUMP
WOULD AMOUNT TO A FREE PASS FOR
THE PRESIDENCY AND POST-
PRESIDENCY THAT HAVE BEEN
NOTHING SHORT OF A CRIME SPREE.
PRETTY STRONG WORDS THERE.
WHAT SPECIFIC STEPS WOULD HE
HAVE TO TAKE AS PRESIDENT, TO
GET RID OF ALL THE CASES
AGAINST HIM?
>> ALL RIGHT, THERE IS THE NEW
YORK CASE WHICH I TOLD YOU, HE
CAN PUSH OUT FOR YEARS.
WHO KNOWS WHAT IT LOOKS LIKE
WHEN HE TRIED TO DO TO ALVIN
BRAGG.
THE OTHER TWO, WHERE HE HAS TO
GET JUST BECAUSE OF THE WAY
THAT THE DEFENDANTS HAVE BEEN
TREATED, PRETTY LONG SENTENCES
IF HE'S CONVICTED. AS I BELIEVE
HE WILL BE.
WHAT DOES HE HAVE TO DO, CALL
OUT THE ATTORNEY GENERAL AND
SAY, DISMISS THIS CASE.
GO TO THE COURT AND SAY IT IS
OVER AND THAT IS IT.
ONE PHONE CALL, MAKES THE CASE
GO AWAY BECAUSE IT IS NOT IS
THE PRESIDENT AND CAN TELL THE
DEPARTMENT OF JUSTICE WHAT TO
DO WITH THE PENDING CASE AND WE
HAVE NO DOUBT, THAT IS EXACTLY
WHAT HE WOULD DO.
HE ALREADY SAID HE WOULD FIRE
JACK SMITH IN TWO SECONDS.
>> REAL QUICK, YOU MENTIONED
RICHARD NIXON, WHICH BRINGS ME,
DO YOU THINK PRESIDENT BIDEN
WOULD OFFER HIM A PARDON, JUST
TO COALESCE THE COUNTRY IN SOME
WAY OR NOT LET IT FALL FURTHER
APART AND SEPARATE, DO YOU
THINK YOU WOULD TAKE IT?
>> I PUT THE ODDS OF THAT AT
ZERO.
WE HAVE AN OPEN WOUND HERE,
STILL AND I DON'T SEE BIDEN, AS
HIS LAST ACT IN OFFICE TRYING
TO SUTURE THAT UP.
YOU CAN IMAGINE AS I SAID
AGAIN, SOME DISCUSSIONS
INVOLVING A PRESIDENT HARRIS.
BUT I THINK TO YOUR SECOND
QUESTION, NO, HE WOULDN'T.
WE HAVE BEEN SO FASTIDIOUS
ABOUT TRYING TO PLAY THIS, AS
YOU WOULD WITH OTHER
DEFENDANTS.
I THINK THERE IS NO ROOM NOW,
FOR THE BROADER SYSTEM TO
OPERATE FOR THAT KIND OF GRAND
BARGAINING, OR LOOKING AT TH