Former President Donald Trump could technically be indicted as early as Wednesday. That doesn’t necessarily mean that he will be. But according to former Justice Department prosecutor and FBI general counsel Andrew Weissmann, it is possible.
Legal analysts think that Michael Cohen is among the last witnesses for the grand jury to pull together all of the details to which others have already testified. While he’s already spent most of Monday before the grand jury, he’ll be back on Wednesday to do it again.
“Something else happened today that makes it, I think, even more imminent,” said Weissmann. “But what I’m getting at is — the thing I was looking for is that we are hearing that defense counsel for Donald Trump went and made a presentation to the prosecutors. Because that’s something that is really routine, any sort of ethical, responsible prosecutor is going to give that opportunity and, frankly, any good defense lawyer is going to take that opportunity. And The New York Times reported that that meeting has occurred already. And the import of that is, I think, when the grand jury presentation is over, it is Alvin Bragg’s decision at that point and there is nothing left. So frankly, that could even be Wednesday, just to put everyone on alert.”
“Wait, hold it. I have to change my schedule here,” MSNBC host Lawrence O’Donnell interjected.
Weissmann explained that it’s entirely possible that, after the final witness appears and finishes, the grand jury could vote on whether to move forward with indictments. One thing he did say, however, is that Cohen is testifying in the afternoon. So the grand jury could simply adjourn for the day and they’re back again on Monday, March 20.
“If this was a federal court absolutely you can go ahead and do that,” Weissmann said. “Do I think it is more likely that they would do that after the prosecutors have an opportunity to talk to the grand jurors, answer questions they might have, go through the law, present the proposed charges? Do I think it will happen on Wednesday? No, especially after hearing that he’s appearing in the afternoon, so it doesn’t get in the way. I think the next day to sit is the following Monday.”