Trump will be prosecuted — but for which crime?: Former FBI general counsel

Former FBI general counsel Andrew Weissmann, who also served as a prosecutor for special counsel Robert Mueller, said that it's likely Donald Trump will be prosecuted. The question is whether it will be for one or both of his legal woes.

MSNBC's Rachel Maddow brought up both of Trump's cases during a Monday special following the final meeting of the House Select Committee investigating the Jan. 6 attack on Congress.

"I have no doubt that once the investigation proceeds and is concluded, if the evidence as we presented it, I'm convinced the Justice Department will charge former President Trump," committee chair, Rep. Bennie Thompson (D-MS) told CNN after the final meeting.

Weissmann agreed with that assessment, based on what he's seen. However, he thinks that the stolen White House documents case will likely be the first to move forward.

"I think that the Mar-a-Lago case is one that is well ahead of where the Congress is and I would think that would be brought first," Weissmann told Maddow. "With respect to the Jan. 6 investigation, we are going to know a lot more in two days, but I think all signs are that there will be ample evidence. What exactly Donald Trump would be charged with and whether others would be charged, remains to be seen. But I think that just knowing Jack Smith, I think that Congressman Thompson is correct in his assessment."

When it comes to the sedition charge, it's hard to predict because it's so unprecedented, Weissmann explained.

"It would be unusual, but I do think what it really goes to is what Congresswoman [Liz] Cheney and Congressman [Jamie] Raskin talked about, which is the conviction that they have stated, which is that Donald Trump should never have the ability to hold office again. This is a charge that the remedy fulfills that view," Weissmann said of the sedition charges stemming from the 14th Amendment, Section 3.

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