BIANCA DE LA GARZA (HOST): You know, as we move into this next administration — and obviously there will be key cabinet picks. And part of it will be, as you mentioned, who is ever running the DOJ. But we also want to look at, you know, the sentencing that's still on the books before that for Donald Trump. Judge Juan Merchan, who refused to recuse himself even though his daughter was fundraising for Kamala Harris and other Democrats — $96 million I think she raised. And then there's also Judge Engoron. So we have these sort of outstanding civil and, you know, the Merchan thing with the sentencing — does that go forward? David Schoen just joined us in the last hour saying that you can't have a president running the country distracted by these things. But I don't know. Judge Juan Merchan, does he have the ultimate power on whether or not the sentencing goes forward, Mike?
MIKE DAVIS (GUEST): Judge Juan Merchan, this Democrat operative who donated to Biden, whose daughter, Lauren Merchan, is raising money off of this criminal prosecution, unprecedented criminal prosecution over which her father's presiding, had to recuse. Look, I will say this. He has an off-ramp on November 12th. He can follow what the Supreme Court ordered him to do, which is he took evidence subject to presidential immunity. Judge Merchan admitted this evidence over Trump's objection; that is clearly a reversible error. Judge Merchan should declare a mistrial on November 12th and this case should go away. If Judge Merchan proceeds to sentencing on November 26th and thinks that he's going to sentence the president-elect to prison, to Rikers Island on November 26th, the American people will not tolerate that. That will cause severe disruption to our country. And I hope that Judge Merchan is not that stupid.
DE LA GARZA: November the 12th. That's next Tuesday, Mike. We'll be watching that. I have about 30 seconds, so quick. But where does Jack Smith go after all of this?
DAVIS: He should go to prison for engaging in a criminal conspiracy against President Trump. He was smart enough to say that he's going away. It's amazing he did it the day after the election, after he said that nothing he was doing was about the election, this was just about the law — that he announces after Trump won he's shutting down after the election. Jack Smith certainly should go to hell.