Former federal prosecutor analyzes case against Trump

Amna Nawaz:

And for legal analysis of today's events, I'm joined now by former federal prosecutor Renato Mariotti.

Renato, welcome, and thanks for joining us.

We watched an unprecedented moment today, a former president facing criminal charges by the same government he wants led. From a legal standpoint, as you watched today's proceedings unfold, what struck you?

Renato Mariotti, Former Federal Prosecutor:

Well, I think one thing that was very interesting, as we just heard a moment ago, there was some discussion about witnesses speak — being spoken to, and actually the two defendants in this case and what they could talk about.

After all, Walt Nauta was there. He did — wasn't actually arraigned today, because he did not have an attorney who was licensed in Florida there to represent him. But, nonetheless, he was present, and the former president was warned not to speak with him about this matter. I thought that was interesting.

And I think it's also fair to say that there's a certain gravity to this moment. We heard from one of the passersby in the street a moment ago about how this was a moment in history. And I think it was a moment in history and a moment where you saw a former president of the United States treated the same way that so many other people in this country are every year, thousands of people who are charged federally and ultimately have to see their day in court in front of a federal judge.

Amna Nawaz:

Renato, tell me about Mr. Trump's defense team on this case led by Todd Blanche, who recently took on that lead role, also by Chris Kise, who's an attorney with very deep Florida ties.

What do we know about them? And what are they likely to take as next steps after today's arraignment?

Renato Mariotti:

So, Mr. Blanche is a very well-known criminal defense attorney. He is a New York attorney, not an attorney from Florida. So this is — he's a bit out of his out of his lane there, but, nonetheless, a very well regarded white-collar criminal defense attorney.

He does not have national security experience. So that is one thing that I wouldn't be surprised if Trump tried to add in the future, is somebody who has experience dealing with the very unique statute that governs discovery in national security cases. Mr. Kise very experienced in the state of Florida.

What they will be doing next, first of all, there's going to be discussions with the government regarding discovery. There's a protective order that will be entered in this case that's unique to national security cases, very special order that makes sure that national security secrets are kept secret. There are also security clearances that would be obtained for the defense team.

And then there's going to be discussions about timing and scheduling regarding this case. We heard Jack Smith talk about a speedy trial. But the criminal justice system in the United States, particularly in national security cases, is anything but speedy. And there will certainly be a lot of discussions about discovery, about deadlines, and then also ultimately about a potential of motions that could be filed by the defense.

Amna Nawaz:

You heard William's reporting there about the questions and some of the concerns around the judge appointed in this case, Judge Aileen Cannon.

Tell us a little bit about her. And in a case like this, how much influence would Judge Cannon have in that timeline, as you expect it to play out, in what seen and what's not seen?

Renato Mariotti:

An enormous amount of influence. The trial judge in a case has an incredible amount of influence over the timeline. They are allowed to manage their own dockets. And the Courts of Appeals rarely overturn their decisions regarding scheduling.

In addition, they have evidentiary control over the evidence that comes into trial. They make those initial rulings. The Court of Appeals has a very deferential standard when reviewing those evidentiary rulings. She also would have the opportunity to decide which jurors can get seated. Ultimately, she could decide whether or not a juror can be too biased to sit on the jury or not.

She ultimately could make a decision to toss out the entire case once the jury is impaneled, which would not be subject to a Court of Appeals review. So that would be very serious stuff. So she has enormous power. And I think there was a great and accurate summary a moment ago of the challenging situation the government is in, given that recusal is far from a guarantee and fraught with some significant challenges.

Amna Nawaz:

What about potential jurors in this case? I mean, this is in Florida, where Mr. Trump does have broad support. It's also in Miami-Dade County, which Republicans won back in the 2022 midterms.

It's impossible to separate the politics from all of this. So how are both sides viewing potential jurors in this case?

Renato Mariotti:

That's a great question.

I think if an ordinary person, someone like you were I, were on trial facing this indictment, I would think that there's not much of a defense. It would be very challenging. The best defense might be to delay the case as long as possible.

But with the former president, it bears noting that the jury has to be unanimous in order to convict the president on any count. And just one juror who feels strongly about and can really flip that script and ultimately create a hung jury that forces the government to either retry the case or give up.

So, that — and that has happened before, by the way. Rod Blagojevich in his first — his first trial had a hung jury on all but one count because a single juror held out. So it's definitely possible for a popular politician like Donald Trump to potentially sway a juror.

And that, I think, is a real wild card when it comes to the trial as well.

Amna Nawaz:

Renato, I have got like 30 seconds left, but I have to ask you because Mr. Trump will speak publicly tonight.

Could what he says in public now impact this case?

Renato Mariotti:

One hundred percent. And you see in the indictment his words quoted, used against him, his words on the campaign trail and from the presidency.

There's no question that Jack Smith and his team are watching closely, record — video recorders in hand, ready to snap an evidence sticker on that recording and use it at trial.

Amna Nawaz:

That is former federal prosecutor Renato Mariotti joining us tonight.

Thank you for your time.

Renato Mariotti:

Thank you.