jewish film, in a moment where anti-semitism has spiked-- is spiking. talk about how you play or how you deal with these two things with laughter, with love? >> absolutely. >> i think judaism at its core is about questioning everything in front of you. it is-- like judaism is answering a question. absurdity of life, really. basically, making a movie about grief but making it a comedy. >> that does it for us on this saturday. we are back tomorrow morning for another two hours of morning joe weekend. ♪ ♪ weekend. ♪ ♪ ♪♪ ♪♪ good morning. it is saturday, august 31st. i am symone sanders-townsend

with michael steele. alicia is on. today the harris campaign is in georgia. donald trump defends his disastrous visit to arlington national cemetery. elizabeth warren slams trump's proposal saying he thinks women are stupid. marc elias is back as the fight to protect the 2024 election is already underway. grab your coffee, settle in, folks. welcome to "the weekend". ♪ ♪ >> folks, there is just 66 days until election day. you heard me, 66. the first ballots will be mailed out in just six days. vice president kamala harris is showing up in places that haven't seen a presidential nominee in quite some time. harris took her bus tour with

governor walz to southeast georgia this week, marking gains in the battleground state. according to her campaign, a presidential candidate hasn't stopped in savannah during a general election cycle since the 1990s. while in savannah, harris sat down for her first major interview is democratic nominee. here is how she explained her shift on some policies. >> i think they, the most important and most significant aspect of my policy perspective and decisions is that my values have not changed. >> i believe it is important to build consensus and it is important to find a commonplace of understanding of where we can actually solve problems. >> joining us now latasha brown, cofounders of black motors -- black lives matter fun and kimberly akin store, also a columnist and cohost. welcome to you both. >> welcome. let me start with you.

a lot of fanfare have been made by republicans and some folks in the media apparatus about the interview lack of vice president kamala harris. i thought context mattered but maybe not. the vice president did an interview. from a communications perspective, i think she and governor walz did what needed to be done. it did no harm. i wonder what you think of the interview. >> she looked like she was very much in control. my favorite was the narrative she needed, that she needed governor walz is some sort of crutch. heaven forbid a black woman be able to have complete sentences. >> the roles and the changes, somebody else at the top. people just can't usually do interviews with their running mates, donald trump, jd vance, literally everyone, it is what

you do. >> 100%. she went out and she did a good job. i love the way she dispensed with questions about donald trump's racist attacks on her. that is not her business, it is is. i like the way she talked about how her positions have quote, unquote changed. that satellite pragmatism. she went to the white house and realize the goals of furthering climate policy takes compromise and brings people to the table. that is pragmatic to some, that is not a shift. a shift is trump being for an abortion ban after saying he was against it. why would she bring a republican into her administration? that is something americans have always done. that was normalcy. suddenly, we are in an era, because of the focus on trump

where everything is so tribal. she is being a leader in that position. she is acting like presidents always have . the nation has forgotten that. it is not that she has changed, the nation has. >> i love the fact that kimberly used the word normal in her powerful answer because, you know, there are a lot of aspects of this campaign that are normal and a lot that are not normal. from a political stance, what is not normal, going someplace you haven't won, where the people, your team, they typically tell you, i don't think we should waste our time or resources there. this candidate, kamala harris, running for the presidency, has a different approach. i want to give a listen to what she talked about, you know, how she talked about georgia voters and how georgia has delivered. listen to this. >> georgia, for the past two election cycles, voters in this very state, you who are here, have delivered. you sent two extraordinary

senators to washington, dc, you sent president biden and me to the white house. you showed up. you knocked on doors. you registered folks to vote. you made it happen. you did that. you did that. and so now, we are asking you to do it again. >> so you have, you know, blue state georgia, that is that thank you. i like it. it is aggressive, it is in your face. the interviews and all that stuff, you know, that is fodder for the press. you are on the ground with real people in a state like georgia. this kind of movement in a space where democrats typically have been outflanked or outplayed in the past, she is taking places like georgia very

seriously. how do you see that translating on the ground in the work you were doing? >> if you were there, the excitement is there. the real core of it, the first message is that every vote counts. she went to rural georgia, a place that has numbers nowhere near what you see in metro atlanta. she went to urban areas and she wants to do that. the second thing, i think you see she is in it to win it. when you look at georgia, particularly the last few elections, around the urban center is where most of the votes came from. you didn't see much better in the rural areas, the margin of victory in those counties that are republican, if you shave off that, that will help increase your ability and i think the third thing is, it is really interesting, of all the places she went to, she went to a high school. i think she is sending a

message with her campaign that she is going to center every day people. she actually is going out for young voters and also for voters in rural america and voters who literally are connected around small businesses. >> that is such an important observation because, i do think the vice president does have kind of a laser focus, if you will, on small businesses. i think one of the first events she did when i worked for her at the white house, when we got there, was a roundtable, virtual because of covid, with small business folks she had met on the campaign trail to let them know the promises she made, she and president biden may, they would follow through on. you can talk about georgia and chatham county is the county that savanna sits in. we want to put this up on the screen for folks. secretary clinton won 16,340 more votes in that county then trump.

joe biden won 35,950 more votes, that is the decade of over 9600 votes. that is where savanna is. so i think growing the margins here, this is how you put other , this is how you put other states in play. this is how you make sure georgia, in 2020, wasn't one off and this could, in fact, be the norm. georgia could be a purple state. >> that is absolutely right. i think it is important, particularly for democrats, to go out, not only because, you know, elections are won in the margins and the map you just showed. even just to areas, kamala harris have been going to areas

that have voted republican, red counties in other places. when you are president of the united states, your president for everyone. i think that outreach makes a difference, it makes voters feel seen, it is not just people sitting in washington making all the decisions for them. i think she is mindful of that. she is mindful she was to connect across the board in a way that donald trump certainly is not doing. >> he is doing most of his campaigning for mar-a-lago. the golf club. she is doing something entirely different. i think that is a really good choice that her campaign has made. >> kimberly referenced earlier donald trump's misogyny and racism and his approach to candidate harris. i would like you to listen to the question from dana bash about that to vice president harris. >> he suggested you happened to turn black recently for political purposes. questioning a core part of your identity. any x >> same old, tired playbook. next question, please. [ laughter ] >> reporter: that's it? >> that's it. >> just for the record,

everybody has made that face. that is the face. really? really? this is what you got? >> okay, i am going to answer, but -- >> i will answer, but. face aside, which actually was the answer, which we can't say on a family show, the fact is, she is above that. she is putting herself above that. let donald trump stay where he is. she is trying to elevate voters. we have been in that place almost 10 years now. she is trying to elevate it up

by not leaning into that. what do you think of that strategy? >> one, i think it was a brilliant answer. i think we really have to understand the character of racism. the character of racism is to make people feel you have to defend your humanity. ultimately, you've got to justify your presence on this very earth, your day tenant -- identity is always in question with who you really are. what she did and that messages say, no, i am not going to do that. i am not gonna justify my humidity or my identity. i will not feed into racist trope we know trump uses and weapon ices. it is a brilliant answer and sends a message loud and clear she will not allow trump to define her, she will stay the same person she has always been and so far she is above that and not even going to consider entertaining that question. >> i was putting my collection plate together for the sermon. you are preaching. latosha, we were over here like, yeah, yeah. >> latosha, you put your finger on the point i made very much during my time as rnc chair and afterwards, one thing i found offensive is that the fact that, you know, this was, you had to prove why you are here. you put your finger on that very important point.

we thank you for it. we don't have to prove it. we have been here, you have to prove it because we were here, that is how it works. you do it because we were here. [ laughter ] >> latosha brown, thank you so much. next up, we will discuss the united states army rebuking the trump campaign speaking at an incident at national cemetery. later this hour, elizabeth warren will join us to talk about trump's desperate attempt to play both sides of the reproduction debate. haven't we seen that before? this is "the weekend". ♪ ♪ ♪ ♪ and i also have a non-profit. but no matter what business i'm in... my network and my tech need to keep up. thank you, verizon business. (kevin) now our businesses get fast and reliable internet from the same network that powers our phones. (woman) all with the security features we need. (aaron) because my businesses are my life. (kevin) man, the fish tacos are blowing up! (aaron) so whatever's next we're cooking with fire. let's make it happen! (vo) switch to the partner businesses rely on. our biggest challenge?

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♪♪ ♪♪ new this morning, donald trump is trying to defend his visit to arlington national cemetery this week. the "new york times" described it as an overaggressive 13 minutes at a pennsylvania rally last night, trump said he was not seeking publicity on monday when he pose for photographs in a heavily restricted area of the cemetery were veterans of the afghanistan and walz wars are buried . it is not the news media folks who quote, unquote

stoking the controversy. on thursday, the u.s. army, the united states army said a trump aid abruptly pushed aside an arlington employee who sought to enforce restrictions on where donald trump and his team could take photos and videos, noting that the campaign had been, quote, made aware of federal laws, army regulations and dod policies which prohibit those activities on military grounds. it was reported to military police but the employee decided not to press charges. kimberly is back with us. apparently, the employee didn't press charges because they feared retribution. in a democracy, you should be able to, you know, come forward without fear of your entire life being turned upside down by the former president of the united states of america. this whole situation just, it sickens me. it sickens me. the arlington national cemetery, if they need photos, they will provide a photographer. the photographer will ensure the pictures are just of -- >> right. >> what they are supposed to be taking pictures up. you don't want other families to be upset. >> the surrounding graves that

are now part of this political tableau -- >> yes. >> they are trying to produce. >> this section, we are talking about those who gave their lives in afghanistan an a, so fairly recent, this is not world war i. these families are still grieving. these folks, he chose that place to try to, it is important to talk about what they were trying to do. they were trying to create a campaign video they could use to a certain somehow kamala harris was ignoring the anniversary of the afghanistan pullout, which, first of all, is not true. donald trump is not a public official right now. >> it was not an actual event, an event planned at arlington national cemetery. >> it was a private invitation by a family. so the fact they were trying to use this for campaign purposes just shows how far we have fallen. first of all, i think of a lot

of other people did this, that would be the end of their political career, as it should be. this just demonstrates how much grace donald trump has been given for his misdeeds. >> then you've got the typical trumpian response from trump. let's listen to how he deflects the blame in this whole fiasco that he created. >> not one general or incompetent bureaucrat was fired for the most embarrassing moment in the history of our country. e tombstone with the family because they love the president. they love me and i uslove them. >> really, donald? when did you get to know them? did you have coffee with them? this is the thing, kimberly, i find so frustrating, donald trump is just an immature little brat who wants his way. he will find people to help him get his way. then what happens after this,

the rest of us gets sucked into this vortex of bs. we get caught up in the entertainment value. we get called into the news part of it but this is not news. it is embarrassing to the country. this man did this. he is a civilian, not a president. we need to quit treating him like it. we don't treat barack obama k this way. this guy stays in the frame andr the question i think we need to ask ourselves is, do we really want more of this. you will get this in spades, along with project 2025, which locks it all in place. it >> i think the further donald

trump pulls us away from humanity, he takes humanity out of a sacred place, like arlington national cemetery because he has the inability to conceive and internalize other peoples feelings, the people's grief. everything he does for himself t in the clip, they love me. they let me. that is the only language he speaks. we need to get back to a point where we have humanity. we saw humanity and our s presidents, regardless of party, when george bush spoke w after 9/11, you felt humanity. when president baran must -- president barack obama spoke at the black church, you saw his humanity, you know? you would see this, this was part of the job of the president to speak for a en nation. donald trump can only speak for himself. >> his humanity on covid was to tell us to inject ourselves u with bleach. >> i know t we have to go, but the anniversary they were commemorating that day was the 13 servicemembers killed in kabul, afghanistan during that evacuation. for anyone that works at athe a

white house, especially that first year, that was the worst day in the white house, everyone remembers where they were when that happens. to that point, regardless of who you voted for in the last election, servicemembers literally put their lives on the line every single day again so that people can do whatever they want so we can enjoy the freedoms of this country. and the way trump repays that is making a mockery of those 13 servicemembers after being invited by one of the gold star mothers and didn't even have the decency to adhere to the rules, honestly, instead of just saying sorry, they are making 80 million stores. so upsetting. we got to n go. kimberly, we appreciate you. >> before we go to break, we have breaking news to bring to you from overnight. u.s. military operation thursday in iraq killed at least 15 islamic militant stay group fighters and at least six soldiers were injured.

u.s. central command say the isis operatives were armed witho numerous weapons, grenades and suicide belts. none of the injuries on f soldiers were considered life- threatening. several are possible traumatic brain injuries and one soldier suffered internal injuries. we will continue to dimonitor t story and bring you more updates as we get them. we will be right back with mucht more on "the weekend". "the w ke. thanks brandon. with usps ground advantage®. ♪♪ why use 10 buckets of water when you can use 1 fire extinguisher. and to fight heartburn, why take 10 antacids throughout the day when you can take 1 prilosec. for easier heartburn relief, one beats ten. prilosec otc. one pill. 24 hours. zero heartburn. >> woman: why did we choose safelite? we're always working on a project. while loading up our suv, one extra push and... crack! so, we scheduled at safelite.com.

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♪♪ ♪♪ so, you know, i was going to say something about what we were just talking about with donald trump, but i will leave that aside, you know, i think we know how just un-american, in my view, that was. we don't behave like that as americans at arlington national cemetery. but i want to go back to get your thoughts on a very interesting, it's a

communications and, as a communications pro, you know where i am going with this one. >> where is he going? >> we watched kamala harris to find the difference, or did she, between a policy position and her values? i found that construction pretty interesting in her answer to questions about how she approached, for example, fracking in 2019 versus 2020. the through line was, my values haven't changed. i don't think she really explained what that value was on that issue or these number of issues or did i miss that? >> no, it is a good question because, my take on this is, that was one of many ways they could decide to answer the question but my values have been changed speaks to, they can throw at any policy question. you said you were for medicaid

for all. i just want to be clear, my values haven't changed and then you go and explain what your current policy position is. the values thing is important because do you believe, so do you believe something different? what you believe? what do you believe and that lends to what policy she would support. i juxtapose it with donald trump. we don't know, i think we don't know, we know for sure that vice president harris cares about working people. she cares about working people. she cares about people having a job, you know, regardless of where they are in the country they should be able to work and she doesn't want the rug pulled out from other people. even if i didn't know her, i would believe that. i honestly don't believe that donald trump -- >> that is the values part, the values portion, so an issue like fracking or universal healthcare or any number of issues, she has a core value that is oriented around how that benefits people. >> yes --

>> which allows you to move on the position from fracking versus no fracking? >> i don't think banning fracking, anybody running for president, even people who raise their hand and said that in 2020, i don't think it was a good policy. it is not just good policy. it is not a policy you ever want to see viable in pennsylvania. she just did the values thing, i don't think it would've been sufficient. which he did in that interview was, she said, basically she was like, did you get a briefing? what the vice president said is, look, i kept my word. she was like, i cast the tie- breaking vote that allowed for more leases for oil companies to drill. i am like, you know what? she did do that. that is a powerful thing because she could have said, i won't do it. >> she has said no. >> she could say no.

you could say no. i would never. >> you would not advise it. >> to your point, there will be more questions like this that come up. i know we have to go but i will just say that this is, a lot of people were like, this interview didn't get the sticks honestly, i think dana bash did a great job. >> i think the ark of the interview was strong for both interviewer and the interviewee. kudos to both. now you got a little bit of red meat you can chew on for a little bit until you get hungry in the next 24 hours and say she should do another sitdown interview because you want the one on one. meanwhile, nobody ask in donald trump is. >> he done did the interview, told those -- tulsi gabbard, transphobia and trance slander. we will talk about that in the bed. he is switching his positions. elizabeth warren will join us to talk about reproductive

rights and donald trump again caving to the voices in his body. later, congressman maxwell frost will be here to chad on the harris-walls campaign efforts to win over genz voters. you are watching "the weekend" folks. ♪ ♪ ♪ ♪ dandruff protection, minimal ingredients. job done. t-mobile's 5g network connects a hundred thousand delta employees so they can make every customer feel like they've arrived before they've left the ground. this is how business goes further with t-mobile for business. higher shipping rates may be “the cost of doing business...” but at what cost? turn shipping to your advantage. with low cost ground shipping from the united states postal service. ♪♪ no matter what kind of teeth you gotta brush, oral-b electric cleans better with one simple touch. oral-b's dentist inspired round brush head hugs em, cleans em, and gets in between em, for 100% cleaner teeth. your perfect clean starts with oral-b.

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♪♪ ♪♪ donald trump just came out against a ballot measure in his home state of florida that would expand access to abortion. now, even though he said something different the other day, but let's just play here here's how he tried to explain his decision. >> well, i think the six weeks is too short. there has to be more time. i told them i wanted more weeks. >> reporter: you are in favor of the amendment? >> i am voting, i will be voting we need more than six weeks. >> so that is what he told our nbc's dasha burns. just yesterday, he told another news outlet he would actually be voting against the ballot measure. he said six weeks is too short

to dasha burns, he basically said he would vote for the measure and after backlash, he tells another news outlet, actually, i am voting against the amendment. so this also comes after trump claim to nbc interview with dasha burns he won a government insurance or the the government and insurance companies to pay for ivf, suggestion he made up on the spot and has no intention of following through with. joining me now is senator elizabeth warren from massachusetts. >> welcome, senator, it is good to have you on this morning. vice president harris said something, probably one of the most important things that have been said in this campaign so far during the democratic convention and that was donald trump is an unserious person. the fact that he is such an unserious person of on such a serious issue, it befuddled me in terms of the reactions people have. i wanted to get your thoughts

as you listen to donald trump on thursday in michigan. talk about ivf . >> i was always for ivf, right from the beginning. as soon as we heard about it, it is fertilization and helping women, men and families. under the trump administration, we will be paying for that treatment. we are paying for that treatment. >> reporter: for all americans who want it? >> for all americans that get it, for all americans that need it. we will be paying for that treatment are we will mandate the insurance company pay. >> reporter: either the government will pay for it or the insurance companies? >> under a mandate, yes. >> senator, you can't say this but i will. donald trump is talking out of his behind on this issue because he knows he is getting his behind with on this issue so now he is attacking on a position he thinks will be helpful on ivf. he got caught again on the six

weeks ban in his home state of florida. now he is against something we know he is four. let me just set the record, again, donald trump has always been pro-choice, republicans, right? stop pretending. senator, how do you see this narrative now shifting or re- shifting in this debate as donald trump tries to take a new position to claim he now supports women in their bodily rights and choices? >> so, donald trump is dig array. he is dithering because he is shocked to discover we can actually hear him when he talks to other people. [ laughter ] >> i am sorry. >> [ laughter ] >> you are correct. >> that is so true. >> so when he thinks he is talking to his radical base, he says, how radical do you need for me to be? donald trump will go there and go further. but when he is talking to the overwhelming majority of americans who very much oppose

that radical approach to abortion and ivf, he tries to change his tune. he is shocked when each side now is starting to call him out on it. and i think that this is what the vice president meant by not a serious man. there is no principle here for him, other than, does it help donald trump? that is his single guiding principle. american women are just flat calling him out on that and saying, we are not going to trust donald trump. he wants to turn around and say he has always supported ivf. are you kidding me? he also supports, it is also there in his platform that ivf

will effectively be banned all across the united states. sorry, donald, you can't have it both ways. >> you know, senator, to your point, it feels as though his own running mate, jd vance, needed to clean up what donald trump said on ivf the next morning. here is what he had to say to cnn the next morning about donald trump's proposal on paying for ivf. >> all details get worked out in the legislative process and we are not in the legislative process because we have not won yet. i think president trump again believes he wants women to have access to these fertility treatments. we will not force anyone to do something against their conscience but we want to make this fertility stuff available to as many people as possible. >> it seems as though they want to have it many ways at one time. this, people are on the record with not just various other statements but we have seen with donald trump and frankly, what jd vance have done. >> you know, on this one in particular, let's be clear. the radical republicans are

pushing a fetal personhood bill. it is now a majority of republicans in the house of representatives, including the speaker of the house. the consequence of that bill, which shut down ivf everywhere in america, red states, blue states, purple states, makes no difference, because any efforts at ivf, the way ivf is done, would, according to the radical republicans, result in murder. there are no clinics. there are no doctors. there is no one who will help a family that needs ivf in order to expand their families. that is where they are. they are on record with this. it is also in the republican platform. it is entirely consistent with the radical views on abortion.

remember, democrats in the senate put forward a bill that says, you know, why don't we just end this controversy? at least here in the senate we will put a bill out and vote on it that just says we will protect access to ivf all across the country. just that, nothing more. how did jd vance vote on that? no. he voted against it. four weeks later, donald trump picked jd vance to be his running mate. these guys don't get to stand up and say with any credibility, yeah, we really want to help families have access to ivf, except for the fact we want to ban it nationally. and we will not support any laws to protect it. >> senator, i want to broaden the lens out wider these issues, ivf, abortions, choices that are made by women and, in

many cases, by families, in sticking with jd vance because he offers so many targets to go after, in his race for the u.s. senate in 2021, he was at the center for crystal -- kristin -- christian value group, attacking randi weingarten, a lesbian that is married, she is a mother by marriage to two daughters. this is how jd vance talked about her family, about her family because that is the context in which this issue was brought up. let's talk about it after we listen. >> trying to brainwash, that really disturbs me. the head of the teachers union

doesn't have a single child. if she wants to brainwash the minds of children, she should have some of her own. >> beyond the specific nature of the issue, right, there is this idea about women and families that is, to say, arcane and more like a troglodyte is being kind. how do we contextualize this in this campaign, this issue around families since they want to talk about ivf, families come in all types, all shapes, all forms and sizes. you know, ms. randi weingarten's family is just one example. >> i think the clip you picked is another one that just shows, we are talking a lot about ivf right now but ultimately, what

jd vance and donald trump who picked him, are all about, is there is one certain role for women. they are supposed to stay within that narrow confines. donald trump starts it. remember, this is a man who has been, not just accused of assaulting women, a court actually found he had. remember his defense, he could not have assaulted that woman because she was in his type. that tells you how donald trump looks at women and has for a very long time. jd vance comes along and says, no, no, there is only one kind of family out there. here is what that family looks like. all of the families to jd vance, as you saw, are just nonexistent. they are not really families. they don't get the term family.

i think once more, this is about the contrast. this is about what kind of a nation we are and want to be. donald trump and jd vance say here is what it will look like. it is going to be pretty much a man in charge, women stay in the roles we have set out for them and nothing more or we are going to be an america that says we embrace a lot of different kinds of families that are put together in a lot of different kinds of ways and that people ought to be able to love who they love and build the kind of life they want to build. to me, that is the real difference. i want to add one more little twist to it that makes this so important in election season. what role do you think government is supposed to play in this? donald trump and jd vance seem to think it is the government who should make the rules about whether or not you can do ivf.

it is the government that decides when it is you have access to an abortion and what it means to practice medicine in a state that says, no, no, you can only do certain procedures when a woman is near death. it is the government that determines what is a legitimate family, or we are an america that says, no, we believe in freedom for all of us and the role of government is to create more opportunity, not put us into boxes, but to let us grow, development and build prosperity and build a future that works for all of us. that is the difference. >> it is a big difference, senator, it is, indeed. thank you so much senator elizabeth warren of massachusetts. ahead, new developments in donald trump's election interference case as the special counsel moves to move forward with their court fight immediately. you are watching "the weekend". ♪ ♪ ♪ ♪ tual customizes car insurance, so they only pay for what they need.

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indictment in donald trump 2020 election interference case. the filing came in response to the supreme court's immunity ruling decision. smith's office retold the indictment and presented it to a new grand jury to adhere to the new standards the court laid out. new this morning, trump's legal team just proposed the court schedule that would delay until after the election, a fight over whether the charges described in the new indictment are covered by immunity. the special counsel's office wants the court to begin considering arguments immediately. joining us now is msnbc legal analyst in host of the podcast prosecuting donald trump, the former acting assistant attorney general for national security at the u.s. department of justice. welcome to you this morning. >> i was saying, when you came in, mary, i am very happy that someone was able to translate this in a way that makes sense because when i originally read the filings, it wasn't clear to me what jack smith really

wanted to do but it seems as though he is actually not giving up on this election interference case. >> absolutely. it is funny, i took the new indictment and compared it to the old and circled every new word and injected everything that was taken out and, yes, what he has done, yes, we have the same four criminal charges. we have him eliminating the things the supreme court said donald trump is absolutely immune from prosecution for and we have jack smith, having very carefully tracked everything the supreme court said about the other areas, things like pressure on a vice president, things like pressure on state legislators and the fall selector scheme, things like his speech on january 6 and jack smith, through the superseding indictment, added the kind of language to make clear these allegations are about trump in his unofficial, private, personal role, things like in his capacity of a candidate, he gave a campaign speech on january 6, paid for privately and organized privately. these are the kinds of things the supreme court signaled in its majority opinion to make it the difference between official

and unofficial conduct. >> i want to put it in context to symone's point, it is important at the top that jack smith is not giving up on this fight, despite the supreme court's efforts to completely derail the process. we have and i want to play back just so we refresh our thinking here, the conversation between justice ketanji brown jackson brown , brent jackson, excuse me, this was on cbs news on tuesday. smacking your dissent, you declared the court set for the first time in history the most powerful official in the united states can, under circumstances yet to be fully determined, become a law unto himself. that sounds like a warning. >> well, that was my view of what the court determined. >> reporter: you are concerned about broad immunity. >> i was concerned about a system that appeared to provide immunity for one individual under one set of circumstances. >> reporter: why? >> when we have a criminal

justice system that should treat everyone the same. >> that corps, mary, you have right now, this push to the court saying, wait a minute, hold up, that is still about the immunity of one person, right, we don't think that applies here. we will retool this case to get around, maybe my words, not the court's, or the prosecutors to get around this roadblock that has been put in front of us. >> that's right. the supreme court did not squash it all. the majority could have said everything in this indictment is an official act and it is

all out. they didn't. they separated the different types of allegations and they did give guidance on what would make the difference, the things the president does in his capacity as a president, which can include talking to your vice president and can include talking to state officials and using your bully pulpit to send tweets or make a speech. that is very different than operating in your capacity as a candidate and talking to your vice president when your vice president is not wearing his executive branch had but his hat as president of the senate, legislative function engaged in a similar moni old duty to preside over the counting of ballots. the supreme court did not shut the door. they hampered him a lot. i think he did an excellent job, and his team, in crafting

the superseding indictment to track really closely to the guidance from the majority. >> i know we have to go but i was interested to know they singled out the president of the senate role. >> that is a big difference. >> the president that because you are the vice president, you don't get to be the vice president, the vice president is not the president of the senate for any other reason except they are the vice president. i didn't know about that. you know, it is crazy that an official act can be telling your entire department, having a meeting with your senior department officials, threatened to do something, pressure them and they threatened to resign if you do this thing, appoint jeffrey clark as acting assistant -- assisting general and that is not in there anymore. >> the implications of that are really extensive. that could apply across a lot. >> the bottom line for me is exactly what justice brown jackson said, you know, our system right now appears to at least to provide immunity for one individual under one set of circumstances. that, you know, is where we are. thank you so much. again, mary, for being with us, we feel the cut right here. -- fill that cup folks right here. we have another big hour of "the weekend" coming up. we will be right back after this. ♪ ♪ ♪ ♪ like what is your glucose and can you have more carbs? before you decide with the freestyle libre 3 system know your glucose and where it's heading

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