well after all the hype it looks like there's not going to be a mini trial in Washington DC for Donald Trump before the election let's discuss I'm Dave aronberg state attorney for Palm Beach County aka the Florida law man here are on True Crime MTN remember when the Supreme Court put the kabash on the DC election interference case put it on hold because of the issue of presidential immunity then it was left up to judge chuckin to determine which alleged acts of Donald Trump relating to trying to overturn the election were official acts versus unofficial acts then we thought that Jack Smith the special counsel would move forward with a mini trial to answer that question put on Witnesses like Mike Pence for example and that would allow everyone to see the extent of Trump's involvement before during and after January 6th well it looks like that's not going to happen so let's discuss it and as you can see I'm discussing it from a hotel room as I'm on the road but The Show Must Go On so let's discuss what's going on here so Jack Smith wanted this case to go to trial before the election but when the Supreme Court put it thumb on the scale and delayed matters then it meant it was impossible so then the next best thing to a lot of us was let's do that public hearing where evidence can be shown to the public so voters have information on Trump's invol involvement before during and after January 6 so they have that knowledge when they go vote but now it looks like that's not going to happen according to reports like the one in new yor New York Times uh Jack Smith and the Department of Justice are now against doing that and there are some good reasons not to have that so let's go to the the what I consider the good reasons first as a prosecutor Jack Smith doesn't want to tip his hand doesn't want to show his cards to the defense doesn't want to put on his case to allow the defense to see what the evidence is and how they're going to be able to respond to it when this case eventually goes to trial and if Trump loses the election it is going to go to trial I think it'll be the next case that goes to trial so that's one reason also I think Jack Smith doesn't want to put his Witnesses In Harm's Way like Mike Pence can you imagine the harassment the threats the intimidation he would face if he was a key witness in a mini trial against Donald Trump before the election so maybe Jacks Smith wants to protect Mike Pence after all when it came to the the marago documents case in South Florida he and judge Cannon got into a dispute over whether the witness list should be unsealed Jack Smith was like do not put my Witnesses at risk so you can see this is something in Jack Smith's mind he doesn't want to jeopardize a safety of people he's counting on to prove his case and and in that marago documents case Jack Smith actually won that issue originally judge Canon was going to release all the information and unseal it Jack Smith got her to reconsider her ruling and she then ruled in his favor if not he would have appealed to the 11th circuit and I think he would have had her reversed so this is something that Jack Smith Jack Smith as a prosecutor is concerned about also I think he wanted to make sure that there was no Sixth Amendment violation he wanted to make sure that Donald Trump can't claim that his Sixth Amendment right to a fair trial was being violated because if there is a mini trial in Washington DC Trump could then later claim that if he's convicted that the jury pool was tainted that the jury pool was tainted by all this evidence that came out a year in advance so that perhaps was in Jack Smith's mind when he said you know let's not do this we don't want to jeopardize our case on appeal now there are other people out there saying well they think that Jack Smith and Mer Garland decided not to do this mini trial because they worried that they would be accused of being political and perhaps there's that but I got to tell you that's a bad reason to avoid a mini trial because when you are a prosecutor you don't care about politics and whether you do it mini trial or not you're going to be accused of weaponizing the doj going to be accused of acting politically you know you can't persuade the unpersuadable these are people in Trump's Camp who will always accuse the mer Garland doj of being political even though it was the same Merrick Garland Department of Justice that prosecuted the president's son Hunter bid and will still prosecute him in California for the tax uh allegations as opposed to what they've already done they already got a conviction uh for the gun charges so this is something that would never happen by the way under Trump Administration see if Bill bar would ever prosecute Trump's children for anything he'd be on a one-way ticket to GMO okay so the thought that this a weaponized doj flies in the face of real evidence oh oh how about the fact that Matt Gates who is a trump Champion a magga champion uh he was being investigated under the bill bar department of justice but that investigation was dropped under the mer Garland Department of Justice weaponized doj I think not and you have a person in Jack Smith who is a political he's a career prosecutor so I'd be surprised if they really considered politics in this but they may have just been so sensitive to being accused of trying to influence the election that they say you know what we don't have enough time let's not have this mini trial but I would disagree with that rationale you have to just follow the evidence in the law and you have to not worry about the noise about the noise because whether you do or you don't as I said you're going to be accused of being political in this day and age now one thing that I think is not a reason that Jack Smith and Mar Garland made this decision is that they're not reading the polls so if people are out there saying they decided against the mini trial because they think that Trump is now going to lose the election and he will now have to face trial so there's no need to rush it that's a that's that's not happening that that is not a a good reason that's not even a reason that because Jack Smith and Mer Garland are not looking at polls they're not political analysts they're not prognosticators they're not basing their legal decisions based on what Steve Kaki on MSNBC is predicting so the fact that Trump could lose the election or win the election is not in the calculus of Jack Smith and Mar Garland for the purposes of this mini trial that is not part of their decision-making but trying not to look political that could be part of their decision-making and that would be a mistake to even consider that so as I said there are legitimate reasons not to have the mini trial I think you can make the claim that you don't want to show the defense your cards you don't want to potentially influence the uh jury pool and then have a Sixth Amendment violation you want to protect your Witnesses like Mike Pence and others I get all of that but it was going to be the last chance to really show the world what Donald Trump did to try to overturn the election in 2020 and I know the January 6 committee came out with this report I got that they had their hearings and they were very effective but Mike Pence didn't cooperate he wasn't part of that and the thought of having Mike Pence on the stand to talk openly about what went on that would have been very powerful but the public now is not going to have full information before they go vote and I think that's a shame but as I said there are legitimate reasons not to move forward with this mini trial I don't blame Jack Smith I don't blame meric Garland for that I blame the Supreme Court for putting their thumb on the scale after all they had a chance back in December to intervene in this case Jack Smith asked them said hey uh this case is going to go to you anyways on immunity why don't you intervene now so that you know we can move this along and the Supreme Court said no no no too early we're going to wait to see what the DC Circuit Court of Appeals says first so then blackith went to the DC Circuit Court of Appeals they came out with a very thorough I thought very strong ruling and then the Supreme Court threw it in the trash and then say yeah now we're going to get involved we're going to overturn that and we're going to broaden this this immunity discussion to places where no one thought we'd go where not only do presidents and past presents get a lot of immunity for their decisions official acts things in the Outer Perimeter of their official acts but even evidence that would be would would prove a crime can't even be introduced can't you can't even pursue that evidence if the evidence comes from something within a core function of the presidency like for example hiring a White House Personnel you can't talk to them about a criminal matter because the act of being a White House Aid protects them from being interviewed and deposed I mean that's a kind of stuff that where they went but the Supreme Court has done nothing but confuse and broaden the scope of presidential Authority Beyond any other point in American history and I think that the Supreme Court is going to have to at some point revisit this ruling it may take new members of the Supreme Court for that to happen but you know court court rulings have been overturned before look at py versus Ferguson Coram Matsu you know there are a lot of instances in history were Supreme Court court rulings uh have been Revisited and overturned by Future Supreme Courts and I think that'll happen here so that's the latest in the case against Donald Trump in Washington DC and Jack Smith and Mer Garland and what they're thinking I'm Dave aronburg aka the Florida law man if you like this video please like hit that subscribe button we're now approaching 55,000 subscribers thank you for your support and leave a comment below I love hearing from you even when you disagree with me thanks for watching and I'll see you next time