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and historic morning in america. that is why we're coming to you early this morning. former president trump due in court tomorrow after a federal grand jury indicted him on efforts to overturn the election. this morning city and federal law enforcement agencies all gearing up for his appearance. >> and his attorney says that his client is protected by the first amendment and he was acting on advice of his lawyer. and new details about the judge he will make the argument in front of. the judge has been randomly assigned in the case and she has said before presidents are not kings. and reactions are ranging from condemning trump to condemning the justice department. >> and in georgia fulton county sheriff says donald trump won't receive special treatment if indicted.

he says it doesn't matter your status, we'll have mug shots ready for you. "cnn this morning" starts right now. this story is dominating the front pages and we're covering it from all angles. details of this indictment, the new defenses, and what does it mean for america. we have team coverage. and let's begin with sara murray who is joining us now. >> 45 pages and it is stunning. >> is thisthis is not the first indictment we've seen with donald trump, but this is the first time that prosecutors are trying to hold him account oabl for around january 6.

prosecutors making it clear that donald trump lost the 2020 election, knew it, but it didn't stop him from trying to flip the results in his favor. jack smith criminally charging former president trump for his attempts to overturn the 2020 election. and undermine the peaceful transfer of power. >> indictment unsealed charging donald trump with conspiring to defraud the united states, conspiring to disenfranchise voters, and conspiring and attempting to obstruct an official proceeding. >> reporter: federal prosecutors write the defendant spread lies that there have been outcome determinative fraud and that he had actually won. these flames were false and the defendant knew that they were false. and this morning we're getting our first sense of trump's defense. >> our defense will be focusing on fact that what we have now is an administration that has criminalized the free speech and advocacy of a prior

administration during a time that there is a political election going on. that is unprecedented. we've never seen that in the united states in the thoirs of the united states. >> reporter: his lawyer telling cnn that he can see the trial lasting nine months to a year. trump also took to his truth social platform to blast the latest indictment, continuing to claim its purpose is to interfere with the 2024 presidential campaign. >> mr. smith and his team with experienced prosecutors follow the facts and law wherever they lead. >> reporter: and six co-conspirators are not named but cnn can identify five of them based on quotes in the indictment and other context. the indictment focuses on five tactics, they along with trump allegedly tried to execute organizing organizing fake slates of electors in swing

states. and fueling claims of election fraud to pressure state election officials. third, trying to use the power of the justice department to conduct sham elective crime investigations. fourth, pressuring then vice president mike pence to falsely alter results and delay certification of the election. and finally -- >> we'll walk down to the capitol -- >> reporter: -- stoking tensions fueling the capitol riot. >> the attack on our nation's capitol on january 6, 2021 was an unprecedented assault on american democracy. as described, it was fueled by lies. >> reporter: and also notes from pence and documented a conversation on january 1 where trump be rated pence for oppose a lawsuit. pence said it was unconstitutional.

trump responded you are too honest. the indictment also recounted a conversation between trump and former white house chief of staff mark meadows where meadows says that georgia election workers were, quote, conducting themselves in an exemplary fashion. one day later, trump tweeted that the election workers were trying to cover up fraud. donald trump is due in course thursday afternoon. we don't know if that will be in-person or virtual. we are beginning to hear from some of the unindicted co-conspiracy sores named in the court documents, one of course is former trump attorney john eastman. his attorney put out a lengthy statement that reads in part respect to questions as to whether dr. eastman is involved in plea bargaini, the answer is no. if he were invited to plea bargain with state or federal prosecutors respect he would decline. if dr. eastman is indicted, he will go to trial. he is confident of the legal position in this matter.

and again these are unindicted co-conspirators. at this point donald trump is the only one facing charges. >> and jack smith making it clear that the investigation is still ongoing. sarah 34 murray, thank you. so let's discuss all of this with our panel. when you look at what actually came out in the 45 pages, you worked on the january 6 committee, you know the narrative, it is still jarring to read it, but from a legal perspective, how strong is this case? >> it is very strong. and we talk about a speaking indictment which we discussed previously with the prior indictment, this lays out a narrative that is very descriptive, it explains who and what and where, in other words,

what was said to certain people, vice president pence, he is somebody who is critical to this case. he is an incredible witness for the prosecution. so it is all pretty straightforward. it is not about whether something can be admitted in to evidence, there won't be as many legal hurdles to overcome. it is much more straightforward and i think that it is very strong. >> six co-conspirator, unindicted as far as we know why is that significant? >> it tells the narrative. we know the six people and very ly i'd expect will be ultimately indicted later on. not now because we know that the government solely wants to mak it confined to president trump and not hany other side shows. >> you are looking at them on the reen. so let's pull them up again. rudy giuliani, john eastman, sydney powell, jeffrey clark, and a political consultants that

we don't know the name. those people were so central to furthering this. >> they were not just central, they were a part of it. and the things that they said and did. and i go back to pence again. you have those conversations with pence in reference to that you are too honest i think was one of the quotes. these are damning things. an pence is not in trouble, ben when you you think of jooug, eastman, those folks -- sydney powell, those folks have bigger issues that come after the indictment. >> and a question about cooperation too. >> yeah, but i don't know if those folks are cooperating. i don't know that i would assume that they are. they could be. but i wouldn't expect a superseding indictment. i think that that will be separate later on. cooperation, i'm not so sure. >> the january 6 commit tee's

final report was so expensive. when you look at this indictment, what stood out as new to you? >> involvement of mike pence. truly what he brings to this is pretty astounding and enlightening for things that we don't get out of committee. some of the conversations, the notes, these are not things that were presented to the committee. and also mark meadow, he only gave us x number of things and then he stopped cooperating. so not having full cooperation of some of the key characters i think has amplified what jack smith has done. >> so what stood out to me, for example phone call. pence calls the president on christmas, this is after he has lost the election, wish him merry christmas. and then trump jumps right into the election. >> yes, and only the president

was talks to mike pence trying to convince him -- which we did know that he was trying to convince him to, youno change the results of the election as soon as he got up there. >> and explicitly telling his white house counsel to stop talking to mike pence because he was talking to mike pence. >> even the conversation where mike pence says even your counsel says it won't stand up but he says i like the other idea better. to me that is pretty jarring. but i also think that just his involvement because he has to because this is the doj really does shed new light that january 6 committee was not able to get. >> and what stood out to you? >> look, first of all, the you're too honest to mike pence, a campaign slogan potentially for him, but the fact that the evidence shows that trump again and again was confronted with the fact that he lost so the argument that he didn't know doesn't carry water

fundamentally. and i was truck bystruck by the fact that john eastman, that if they try to overthrow an election on the basis of no facts saying that ishy we have the insurrection act basically suggesting that the military could be used against the american people. that is chilling stuff. >> and we always say that this is different. >> it is different. and jack smith says it right there in the indictment. he says this was an attack on a process that was foundational to u.s. democracy. he says that it targeted a bedrock foundation of the u.s. -- the government function. not just the certification process but essentially all along the way, the collection of

votes, people's right to vote. the fact that the president is also being charged under conspiracy to violate people's rights to vote and have their vote counted, something that is rarely used statute and that we know was originally used against ku klux klan members. i think that all speaks to what you are talking about, which is the fundamental threat to democracy. >> jack smith didn't have speak last night, but he did. and he called it unprecedented and he lauded the heros that day on january 6. i want people to listen to what trump's kaitlan collins last night. saying that everyone has a first amendment right.lynn kaitlan collins last night. saying that everyone has a first amendment right. >> in mr. trump had the advice

of counsel mr. eastman who is one of the most respected constitutional scholar this is the united states giving him advice and guidance. >> there is a difference between the first amendment right that has to be controlled in blanket. but you don't yell fire in a crowded theater. this is far graver than that. maybe not terms of the immediate sense, but in a much larger sense. and it is his intent and how he is using those words and his actions combined with that that make this is such a damaging thing that he did. so just to say that you have a first amendment right is simply unfair and inaccurate. >> and a lot more to get through. donald trump trying to use the indictments to his advantage and fund raising advantage. and also what his rivals in the gop for 2024 said. >> and how it could disrupt the political calendar, that is next.

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it would be easier for me if donald trump was eliminated from competition. but that is bad for this country. that is why i think it is important for those of us competing against trump to take a strong stand against these politicized indictments. >> this is not about the weaponization of the government. this is not about the people that serve on grand juries in washington, d.c. this is about donald trump losing the election, trying to use everything possible within his power to overturn that election. political election pouring in after donald trump has been indicted the most recent time. his republican opponents. and the fact is that majority of

republican voters still believe biden's election was ill legit m nat. so what will it mean for trump politically and fundraising. >> i think looking at it politically misses the point. this is about law. this is something that would make the founders roll over in their graves. obviously donald trump might well benefit as he has with fundraising and rally around support. in the long run it hurts him and the republican party. >> does it if he gets elected? >> you are jumping a couple steps. may help in a republican

primary. but independent and moderate voters who see it for what it is which is g disgrace and disqualifying. i think that that is insufficient to the evidence that is presented. this is a time for choosing. >> and in the wake of the 2022 midterms where republicans massively overperformed and every candidate that backed the fake electors, lie, got wiped out more or less in states that they should have won respect republicans were upset about that. and made very clear at least behind the scenes if he ever wanted to pursue it again, this is now front and center. >> and so republicans will -- majority i think will stand by trump. we've seen especially house repub republicans are going to call it a weaponization of the justice department. time and time again when they have said this is the red line, we'll separate ourselves from

former president trump, they don't do it. speaker kevin mccarthy in a span of -- he wasn't speaker then, but he went from saying that trump was responsible for actions that took place on january 6 and then went to mar-a-lago and pledged his loyalty. they say they want him out of the picture but they don't do anything publicly to ensure that that happens. >> peter baker at the "times," can a sitting president spread lies about an election and try to employ the government without consequence he asks. the question would have been just unimaginable a few years ago, but trump raises the kind of specter more familiar in countries with hisri of qu quc coups.

what do you make of where we are? >> it has to come to the republicans. largely what we saw with the january 6 committee work is that republicans speaking truth to what happened. so trying to speak to republicans and what i think you have to point out the things about the trump lies that so many people told him about how much evidence do you need that the election was not stolen. republicans were telling him that. if he truly believes he won, should we not question his expens competence and where he is mentally? talk about the 40 million, the number he has taken from people who make 40 30,$,000, $40,000.

he needs their $5 for his legal fees? >> and the timing of this. they say why didn't they bring it 2 1/2 years ago. is it because of the campaign. >> absolutely not. >> so why did it take so long. >> congress did their investigation and doing their job. and that is not criminal. they can't prosecute. and then it was referred. but everything is growing in part because donald trump using your words against you says so much and does so much. and they meaning the government and here jack smith has to do due diligence. and found him to be with the integrity and this -- whether or not you prove your case beyond a

reasonable doubt is separate. but this is not about politics. there comes a point in time that you have to take a stand and you have to follow the evidence and you have to pursue justice. >> and the committee battled with the justice department. it was clear that there was frustration with how doj was operating. was there is a shift or did you just not know what they were working on? >> my understanding is that there was not collaboration in a lot of ways. and that led to frustration. and some of the witnesses that would not speak to us because they were in cooperation with doj. so there was friction there as well. >> and doj didn't need any referral by the way. >> you are 100% correct, but congress had an opportunity and if i recall, and if i'm mistaken, ile apologize, but o of the defenses from trump and his team is that this is not for congress and it should be prosecuted. and now we're here. and so it is pursued for the right reasons.

>> committee deserves credit for moving this forward. >> amid a lot of skepticism by the way. >> absolutely. and we saw the pushback saying this is inappropriate and should be handled within politics about but in the second impeachment, argument against it was the proper channel was the justice system. and some people said we should convict because this shouldn't be played out in the courts. but be consistent. if you said he shouldn't be impeached the second time, this is what you said was the right -- >> and do we have that sound of the mcconnell speech after his vote against -- or convicting the former president trump at that point which was -- mcconnell has been quiet about this.

i don't think that people question his consistency, but he just doesn't talk about it. listen. >> president trump still liable for everything that he did while he was in office. as an ordinary citizen. still liable for everything that he did while he was in office. didn't get away with anything yet. we have a criminal justice system in this country. we have civil litigation. and former presidents are not immune by being account only for either one. >> the reason -- i want you to keep going, but if you look at the statements from republican senators who voted against conviction by the dozens, it was impeachment is not the realm, there is constitutionality related to it because he is a former president.

and mcconnell underscoring that it is because there is a judicial process and that is where it should be handled. which is the opposite of what you heard everybody say yesterday. >> that's right and that is why it is essential to point out. if you said it shouldn't be handled this way, you should vote to convict. because the folks who didn't vote to convict because they said this was the proper channel, this is what is happening right now. so it is not too much to ask for consistency. >> and i'd note mcconnell has not said anything nor has john thune as far as i'm aware up to this point. silence is not subtle. all right. stay with us. this is a first for america. more on that next. and republicans on capitol hill pointed at the white house this morning, reaction from congress ahead.

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u.s. government is in unchartered waters. there is no precedent for that. we say it often but that is the case. for the first time in american history the former president is charged with plotting to sin inadvertent the will of the voters. and trump is also the frontrunner for the republican nomination in the heat of a campaign to return to the white house. tim, try to contextualize the

moment. >> well, when richard nixon in the weeks after he left office, contemplating his future, he assumed that he would be indicted and he asked some of his former lieutenants who was also caught up in the watergate scandal what it might be like to be in prison. and so richard nixon understood that the founders expected that presidents would be liable for any criminal conduct that they had undertaken while they were president. fast forward to today, donald trump is the first former president to be indicted for crimes, alleged crime, that he committed while he was president. the documents case is about actions that he did after he left the presidency.

the case in new york is largely about hush money payments that he that during the 2016 election before he was president. and so now we are seeing playing out a scenario that the founders thought quite possible. what they probably didn't think possible is that president would seek to stay in office despite the fact that he had lost a popular election. this is probably something that the founders never imagined when they had their darkest thoughts about what this republic could become. and that is what i believe make this is case very important and although always important, but makes the january 6 indictment the most significant of the three indictments that the former president faces. and it is the most important

because he is the single individual in our history who is being -- who had the highest office in the land and now being tried or will be tried for having undermined our right to vote and undermined having tried to undermine the -- our right to have our vote counted. i cannot imagine a responsibility more central to the office of the president of the united states than making sure that we have free elections. i cannot imagine a responsibility more central to the oath of office than upholding the institutions that make our republic great. yesterday the former president was indicted for assaulting an leading a conspiracy to undermine those very sacred principles. this is a first in our history. a very sad first.

>> for those americans who say he can't be elected, he can't serve as president if he was convicted, what do you say to them? >> well, poppy, i'm not a lawyer. but i suspect from having watched all of this unfold that we can expect the former president to appeal. should it reach a jury and should the jury find him guilty, he will appeal in which case this would be under appeal. that is a great question, but i think that that is a question for the conscience of each and every voter. can you this good faith vote for a person who has been found guilty of undermining your right

to have your vote counted. i think that is a question for each and every voter. and as a result something that they have to decide. >> and appreciate it as always. it puts it in focus where everything seems very fast and fluid and people are numb to a lot of things. appreciate it. and jack smith says he is looking for a speedy trial for donald trump. we'll talk about that timing next. and later, a possible fourth indictment looming in the state of georgia. we'll hear from a witness called by fulton county's grand jury in that probe. uuuhhhh... here, i'll take that! woohoo! ensure max proteinin, 30 grams of protein, 1 gram of f sugar. enter the $10,000 powered by protein max challenge. ♪ ♪

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trial in the middle of a political season. what does that tell you. >> that is trump's attorney last night talking about the fact that he thinks it will take nine or ten months to see this play out. we'll see. and let's bring back in our experts. jack smith's statement last night was about two minutes. i have no doubt he chose every word carefully will that the fact that he said speedy trial, what does it tell you? >> i think that the case sorts . in terms of the espionage act case t case, this so much more critical and i think that it happens before that. >> and so explain why. you are talking about alvin bragg in new york and he has silicon valley signaled willingness to be open to moving

that march date. and mar-a-lago, you have classified documents. that can close things down in terms getting clearance. are those the two reasons why you think that this could be speedier? >> i think from a practical standpoint that is a fair statement. but substantively, this is not about somebody who maybe arrogantly took the documents and kept them for himself. you have someone in this current indictment number three who is challenging the foundation of our country. i think every american whether you are blue or red needs to see it play out and sooner rather than later. this is not something you want to see extend over time. and in part that is why i'm sure that jack smith said we have these co-conspirators but i won't bring them into the mix. let's just do donald trump and do him alone. if we prove this case beyond a

reasonable doubt, he is guilty. >> so why bring the mar-a-lago case first? >> none of us can say what was happening in those grand juries, the extent of the investigation, how it took to get up to speed, what they needed to do. so a lot of different reasons. but that sort of quarterback after the fact, arm chair quarterback, i don't want to speculate -- >> you're on a panel on tv, man. >> true. >> that is a good thing. >> but all kidding aside, there is so much that is going on and this is such a heavy case, both are heavy, that we'd be speculating sooch. but this case now currently has to move forward in a speedy way. >> and this is a point that scott jennings who worked for mcconnell said over and over last night. adamant about the american people cannot vote in a general election until they know the outcome of this, whether we know if trump is convicted or not. the interesting thing is that

that is not how the law works. the law works you bring a case when it is ready and a judge has a lot of say here and the defendant has more say than a prosecution on when something goes to trial. there is a deference to a defendant. >> and trump's team has consistently shown a preference for delay because they believe delay is denial. in some cases donald trump is running to stay out of prison. he is fundraising off this, saying you can't possibly prosecute me because we're in the middle of a political season and indeed the prospect of a hypothetical self pardon should he become president. all these hypotheticals because we're in this unprecedented situation. the important thing to remember that i think in part you are getting at is people might not fully appreciate that someone could be elected to office from prison including the office of -- >> and trying to talk to tim nafatali about.

>> yeah, but former mayor of boston elected from prison for a local office there. it is rare as it should be because for most being in prison would be a disqualifier. trying to overturn an election could be a disqualifier. but there is an oath to uphold the constitution and then if you participate to an insurrection, you would be parrarred from hol federal office. >> do we have an extra hour toed a -- >> yeah, people say it is impossible, but it is in the constitution. a that ends the lesson for this morning. >> there will be more lessons. and i think one of the interesting things to me, there is a snap assumption i think based on the past two indictments that none has an impact on trump. and if there is any impact, it

is a positive impact politically. we saw the fundraising. we know that this will suck up a lot of the primary time, maybe even into a general election if he is the nominee. so from an organizational campaign perspective, are people underappreciating the impact of the cost of this literally and calendar of this over the course of the next 15 months? >> cost i think yes. maybe we're all underappreciating that. the impact on voters, m not sure that we're actually underappreciating that because i think that republican voters have shown time and time again -- when i talk to republican voters, they are really tethered to the former president and they support him and when they see more indictments and when they see him attacked, what they consider attacks, by democrats then they just rally around him and makes them want to support him more. and republicans have contributed to that by repeating that these are attacks, that this is

unfair, this is persecution. republican lawmakers have essentially helped create this entire narrative among their base. so when we talk about them being caught between a rock and a hard place, they really created the entire environment for themselves and they continue to do so when you see candidates like ron desantis and tim scott saying it is a weaponization of government. >> and stay with us. they really -- they saw a rock and hard place and so they are just let's go stand. and lawmakers in washington are calling it a sad or dark day for america, but for different reasons. that is coming up next. i'm currently out of the office [typing] focusing on a little blue-sky thinking. i'll be tataking meetings with family and friends. and checking voicemail as my activities permit. i'll cononnect with you after reconnecting with me. ♪ get 1.9% apr for 36 months plus $1,500 purchase allowance on a 2023 xt5 and xt6

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this is a sad day that an ex-president would have committed such terrible things that the department of justice had to bring an indictment .

on the other hand the good news is that we're a country of laws and no one is above the law. it is not just the foot soldiers being held to account, but the people who made the plot to overturn the constitution and the election. congressional reaction to former president trump's historic indictment in the january 6 investigation split along very predictbly partisan lines. republican leaders rushing to trump's defense and repeating accusations that the justice department is politically weaponized against him and the democrats calling it the most serious and most consequential so far. and lauren fox is joining us now. you can tell people how these are going to land in terms of the statements from both sides. what are you hearing behind the scenes from republicans who might privately hold very different feelings about january 6? >> yeah, phil, this is a familiar playbook we've seen repeatedly on capitol hill.

what is different about this indictment is how it personally affected members of congress on that day on january 6 when they were trying to certify the election. and you do hear from republican leaders very swift statements yesterday basically defending president trump and his actions arguing that the justice department is weaponweaponize. and some of his staufnchest dwern defenders who want go after jack smith and funding that office. but this was an orchestrated effort to make sure that donald trump had defense from republicans on capitol hill. they were coordinating that response making sure that they were in a position to defend him. meanwhile, in the senate you see a different story playing out and that is because we haven't heard from mitch mcconnell, we haven't heard from john thune. and we won't likely for weeks because republicans are on

recess which means that you can't go through the halls of the capitol getting a response in the way you normally could because they are away for a long recess. so you are seeing the split screen between the house and senate republicans once again. >> lauren fox, thank you. >> what timing that they don't have to follow laura and manu chasing them down the halls. >> and they know it. >> and donald trump due in court tomorrow. more on that ahead. >> and republicans call weaponization of the justice department. we'll talk to a man who ran it when a republicacan was in the white house. in' the trail, i'm hitting your cooler. and your cut-rate car insurance might not pay for all this. so get allstate. each day is a unique blend ofof going, doing, and living. glucerna protein smart with 30 grams of protein to help keep you moving. uniquely designed witharbsteady to help manage blood sugar response. glucerna, bring on the day.

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at pnc bank, you can find us in big cities and small towns across the us, where our focus is to always support the people who live and work there. because you call these communities home, and we do too. pnc bank.

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