Former prosecutor says if Trump wasn’t a former president he would be indicted by now

Donald Trump isn't like normal people, former federal prosecutor Joyce Vance explained on Monday. The University of Alabama School of Law professor said that if Trump wasn't a former president he likely would have been indicted by now.

Speaking to MSNBC's Mehdi Hasan, Vance addressed the problems that Trump's lawyer Christina Bobb is struggling with now that she has been called in for questioning over her false claim made to the court that Trump handed over all of the government documents in his possession.

"Federal prosecutors don't usually sit down and talk with a target, unless there is some sort of a cooperation deal in the works," said Vance. "That's not always true. There are occasions where you might perhaps, they could come in with their lawyer to try and convince you that they should not be indicted at all. But one prospect that certainly is on the table here is that she could be cooperating. Whatever the reality is here, Mehdi, it's in some ways painful to listen to her. She was clearly and over her head. But any lawyer, anyone who's been to law school, passed the bar practices should understand that when a lawyer asks you to do something, that they are unwilling to do themselves, that you should tread very carefully. And she didn't, and she may well have exposed herself to criminal liability as a result."

One of the things that has become a running joke in legal circles is that every lawyer Trump hires ultimately ends up in some kind of legal trouble, requiring their own legal representation. It has changed MAGA to "make attorneys get attorneys."

On Sunday, Trump told a rally crowd in Mesa, Arizona that the FBI planted documents, including, possibly, a book on how to build a nuclear weapon cheaply.

"First, he says the documents may have been planted. Then, he admits he had them, and he wants them back, including the planted once. Tell us how the ridiculousness of his line of argument. Did he maybe just incriminate himself again?" asked Hasan.

"It sounds like a confession, to me," said Vance. "And the worst part of it is where he tries to explain the way the fact that he has documents there. He doesn't say classified, but it's certainly implicit. And he says, they're under guard from the Secret Service and my people. Well, that doesn't matter. The law doesn't care who you have overseeing the safety of classified documents that you have illegally taken from the government's possession. And this really is quite a spectacular piece of evidence that prosecutors could use, if Trump was indicted. It's something that I would play for the jury is frequently as possible throughout the trial."

The two went on to talk about the case that the Supreme Court will decide after the 11th Circuit Court of Appeals took issue with the ruling by Judge Aileen Cannon.

"The issue itself here is a technical legal one, involving jurisdiction. And it's rather an interesting one, involving what the right time to take an appeal is," said Vance. "Trump's lawyers say that DOJ was premature, in that the 11th Circuit was wrong to act. so, I think for nerds like me, this would be a fascinating discussion. Most of the country will simply be looking for the outcome here, and seeing whether the supreme court will plant the 11th Circuit, or let them to continue here issues that evolve on this matter."

"Last quick question, Joyce. You are a former prosecutor. If Donald Trump was not Donald Trump," said Hasan. "If he was an ordinary person, not Trump, would there be a special master. There would be no Supreme Court involvement, he would already be indicted by now, wouldn't he?"

Vance said that is her assessment too.

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