A former federal prosecutor revealed Thursday night what he called the "one thing" that happened in Donald Trump's election subversion case that his lawyers did not want to happen.
CNN anchor Kaitlan Collins called Judge Tanya Chutkan's decision "explosive" on her show, "The Source," as it could mean Americans could hear pivotal new evidence — including testimony against Trump from former Vice President Mike Pence — before they head to the polls Nov. 5.
"Could be explosive, indeed, she said.
Elie Honig told Collins that Chutkan's decision represented the "one thing Donald Trump's lawyers walking into that courtroom today did not want to happen for precisely this reason."
Chutkan's decision means, he said, the American public will see at least "some" of what Pence said behind closed doors last year.
Grand jury is secret unless it comes out in this type of proceeding," he emphasized.
Honig then raised what he called "one really important red flag" about what happened Thursday.
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"Prosecutors and the judge are going down a very dangerous path," he said. "It is clear that prosecutors think they can still introduce evidence of what Donald Trump said to pressure Mike Pence and the judge is clearly with them on that."
However, Honig noted the Supreme Court in their ruling said presidents enjoy the presumption of immunity for "official acts."
"Meaning the Supreme Court has already said we are leaning strongly against letting you put in evidence of what Mike Pence said," he added.
Even if Chutkan sides with prosecutors and deems Pence's testimony as admissible at trial, Honig warned the Supreme Court may still overturn that later.
Even so, that information would come out before the election.
"Put aside what's happening in the court, in public opinion and politics, yes. We will see that on Sept. 26," he said.
Trump has been charged with four counts in the federal election subversion case in Washington, D.C.: Conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, obstruction of and attempt to obstruct an official proceeding, conspiracy against the right to vote and have one's vote counted.
The charges stem from Trump's efforts to overturn the results of the 2020 presidential election, including his actions leading up to and during the Jan. 6, 2021, Capitol attack. He has pleaded not guilty to a superseding indictment in the case.
Watch the clip below or at this link.
