Trump 'convicted the minute' jury hears documents case: ex-prosecutor

A former federal prosecutor believes President Donald Trump would be convicted almost immediately if two explosive cases of his alleged criminal conduct ever reached a jury.

Speaking to Chris Sampson, Glenn Kirschner pointed to the then-former president's handling of classified government records after leaving office in 2021 as one of two cases he believes could still establish criminal accountability.

“He’s convicted the minute we can get that case in front of a jury,” Kirschner said.

The former Justice Department prosecutor argued that since Trump's alleged conduct happened after he left office, it is outside the presidential immunity protections. While acknowledging that Judge Aileen Cannon dismissed the case, he noted that it was on appeal at the 11th Circuit.

He believes the 11th Circuit could reverse Cannon’s decision and send it back for trial. However, in February 2025, the courts dismissed the appeal, leaving only the potential for a lawfully appointed prosecutor raising the case or the government pursuing a new appeal once Trump leaves office.

Kirschner also believes the federal election interference case involving Trump's efforts to overturn his 2020 defeat could also end in a swift conviction.

He believes the four felony counts could survive the Supreme Court’s immunity ruling, arguing that “trying to steal an election you lost is neither a core constitutional function nor an official act.” The ex-prosecutor said the act falls under the category of a private citizen's and candidate's conduct.

Jack Smith dismissed the case in November 2024 due to the Justice Department policy against prosecuting a sitting president. However, Judge Tanya Chutkan dismissed it without prejudice, which leaves the potential for future legal proceedings.

He also weighed in on the immunity ruling, arguing that the Constitution requires a president to ensure the laws are faithfully executed. “That seems to be the opposite of absolute presidential immunity,” he said.

In the interview, Kirschner described the two prosecutions as the starting point of accountability for Trump once he leaves office in 2028. He also argued that Trump’s officials also face potential criminal liability. He mentioned the Watergate scandal and how 48 people in his circle were convicted, of which 30 ended up in prison.

Kirschner believes the president would eventually face a congressional inquiry and subsequent criminal investigations under a future administration once his term ends.

He also believes that Trump has become more dangerous, pointing to his "open defiance of court orders." He also theorized that the legal battle involving cutting down more trees on a D.C. golf course is just a test for a "bigger constitutional crisis."