There might be a superseding indictment for Trump’s social media guy: ex-prosecutor

Trump's social media guru might be forced to spill the beans on his boss, if Jenna Ellis' testimony is any indication.

Dan Scavino, the former president's deputy chief of staff who rose to power from picking golf clubs as a caddy, may be forced to disclose confidential conversations or directives as part of the fact-gathering efforts by prosecutors.

"Oh, it may very well be that there's a superseding indictment with his name on it so that he will be an indicted defendant, but we will see," Glenn Kirschner, a former federal prosecutor, said during an appearance on MSNBC's "TheReidOut."

He added: "You know, a subpoena, we're not completely beyond the subpoena phase of these cases because prosecutors, even after they return initial indictments, can continue to use the grand jury — continue to use the subpoena power to investigate others who have not yet been charged."

"But it really does feel like both in Georgia and in D.C., at least, with respect to the first Donald Trump criminal trial, we are in the chute and moving toward trial, and the grand jury investigation piece and the opportunity to use subpoenas is sort of in the rear-view mirror at this point," Kirshner said.

The suggestion that former President Donald Trump's trusted confidant Scavino might be compelled to testify comes from Trump's former attorney, Jenna Ellis. She, along with Sidney Powell, made a plea deal with Fulton County District Attorney Fani Willis. It means she gave "proffer" testimony to the D.A.'s office, excerpts of which were then given to the press.

"The boss is not going to leave under any circumstances," Scavino told Ellis at the time, she testified under oath. “We are just going to stay in power.”

“I said to him, 'Well, it doesn't quite work that way, you realize,'" she says in the video clip.

In a statement to the news network, Trump's lead counsel in the Fulton County case, Steve Sadow, responded to the "purported private conversation" recounted by Ellis as "absolutely meaningless."

Ellis, who took a plea deal handed out by prosecutors in the conspiracy to overturn Donald Trump's election loss in Georgia.

She, along with pro-Trump attorneys Sidney Powell, Kenneth Chesebro and Scott Hall, a bail bondsman involved in the breach of election equipment in Coffee County, pleaded guilty in the case.

Kirschner pointed out that whether it was a private or public chat, is not the point, if there's criminality involved.

"It doesn't matter if it was a private conversation or not," Kirschner said. "There is no sort of privacy exception to introducing at trial this kind of sharply incriminating information."

Federal prosecutors might move to determine if this conversation can be verified by Scavino himself, if they haven't already.

"I think the challenge... becomes: Who did Donald Trump say this to? And do prosecutors in Georgia or federally, [special counsel] Jack Smith, have this statement in admissible form," he asked. "It's being attributed to Dan Scavino. Did Dan Scavino hear it out of Trump's own mouth? If so, it's admissible."

"But somebody saying Dan Scavino told me that the president said this, that's hearsay; it's inadmissible."

See the interview in the video below or at the link here.