Former Trump adviser Kash Patel says Trump indictment case can't be tried in a year

Former federal prosecutor and Trump advisor Kash Patel said Tuesday that the recent indictment case can't be tried in a year, leading up to the 2024 election. 

"As a former federal prosecutor, a case of this magnitude cannot be tried within a year," he told the "Just the News, No Noise" TV show. "It is literally impossible to get through the discovery obligations and afford Donald Trump due process."

The 45th president was indicted as part of a special counsel Jack Smith's federal grand jury probe into his efforts to challenge the 2020 election results and the former president's role in the subsequent Jan. 6, 2021, Capitol riot.

Trump was charged with four counts, including conspiracy to defraud, conspiracy to obstruct an official proceeding, obstruction of, and attempt to obstruct an official proceeding, and conspiracy against rights.

Patel said that the Department of Justice is being hypocritical and violating the standing rule that it doesn't interfere in elections. 

"The DOJ has supposedly had this long-standing policy never to interfere in presidential elections," he said. "They used that during the Hillary Clinton investigation. They used it as a shield there. But If you're Merrick Garland and Chris Wray and Lisa Monaco at this DOJ, the rules don't apply anymore."

This is Trump's second federal indictment, and third total.