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with custom gear, get started today. accustoming.com erin burnett, outfront tomorrow at seven on cnn closed captioning is bronchi by you, cora, help maintain a healthy urinary tract with you, cora, having utis for ten years, you cora, we make uti relief products. we also make proactive urinary tract health products. you korea is a lifesaver tried today at your core.com? >> tonight on 360, just 33 days before the 2024 election, the judge unseal jack smith, hundred and 65 page argument for why donald trump should still face charges for trying to overturn the last one. we'll tell you what's new and whether or not his revised case might survive the supreme court challenge also tonight, john king all over the map talking young voters michigan, who's ties the middle east could determine their vote. and with the race so close, perhaps tip the election and later gary tuchman walking some of the worst hit parts of hurricane helene's path of destruction. were even almost a week later, the only way in is by air or on

foot. good evening. thanks for joining us. we begin with breaking news in the case of conservative so the supreme court majority put on hold, if not on ice, laid today. judge tanya chutkan unsealed special counsel, jack smith's argument for reviving the election interference case against donald trump now smith has reframed the charges in a way he hopes will now conform the supreme court's ruling on presidential immunity and was stan what will all but certainly be more scrutiny from the nine justices. the brief filed under seal last week is heavily redacted, but still reveals plenty of new evidence that smith intends to use. some of it, apparently confirming the worst about the former president's reaction upon learning his vice president and his family had been forced to flee a mob of trump's supporters bent on hanging him. that's henson, his security detail and his family fleeing right now i'm quoting from the filing upon receiving a phone call alerting him that pens to take had been taken to a secure location. person 15 rushed the dining room to inform the defendant and hopes that the

defendant would take action to ensure pence's safety instead, after person 15 delivered the news, the defendant looked at him and said only so what the filing also focuses on the trump tweet, which arguably put pence in such jeopardy in the first place and argued extensively for why it should be considered an unofficial act. therefore, not immune from prosecution. that tweet, you'll remember said pence quote, didn't have the courage to do what should have been done. so those are two highlights joining us now with more cnn chief legal affairs correspondent paula reid. what more are we learning from this new filing while i understand in this new filing, we're really seeing the complete picture of how the special counsel believes it could it's convince a jury that trump's efforts to subvert the 2020 election were private actions that he was acting as an office seeker, not an office holder. >> and this is key because in july, the supreme court ruled trump cannot be prosecuted for official actions. and then this filing prosecutors write quote, at its core, the defendant's scheme was a private one. he extensively used private actors

and his campaign infrastructure to attempt to overturn the election results and operated in a private capacity as a candidate for office. now this filing also includes some never before for seen evidence. prosecutors argue that things like conversations with vice president mike pence or then chief-of-staff, mark meadows. could all be used in there case anderson, it's not clear that's going to work because the supreme court also said official actions cannot be used as evidence and why is this coming out? now? >> well, this was up to the judge, tanya chutkan. it was her discretion to release this enormous filing from the special counsel and special counsel short time ago, seven weeks ago, they submitted this approximately 200 page argument laying out what they believe their case looks like after the supreme court's immunity ruling and its judge chutkan's job to look at the supreme court ruling, look at the case, and determine what survives, but it was her choice to make

>> believe falling to moses, disastrous debate performance is another obvious attempt by the harris biden regime to undermine american democracy and interfere in this election. so i'll repeat that even though this was the special council's argument, it was the judge's decision to release this, and i also want to note the supreme court really had a big role in delaying possible trial here because they waited from december of last year all the way to july to weigh in on this immunity issue, making it impossible for special counsel smith to bring this case to trial. and this this filing, it's really the last opportunity voters will have likely to see the evidence in this case if the former president is reelected, this case will be dismissed.

proceed, but it's unclear, anderson what lies ahead for this prosecution. >> all right. paul reed, thank you. before and president has been posting about this online, including this one accusing the justice department of violating its own guidelines. and i'm quoting from him now for 60 days prior to an election, the department of injustice is supposed to do absolutely nothing that would taint or interfere with the case. they disobeyed their own rule in favor of complete and total election interference. he goes on, i did nothing wrong. they did the cases of scam, just like all the others, including the documents case which was dismissed that's not all just moments ago he posted this. i didn't rig the 2020 election. they did joining us now to former federal prosecutors bestselling author geoffrey tube and seen an anchor law codes also with his former fbi deputy director andrew mccabe and retired federal judge, nancy gertner, jeff for what do you make of the details that jack smith has laid out and do you think they'll survive trump's claims of immunity? >> this is an incredibly difficult task for judge chat can because these categories please official and icon official are very difficult to define in the supreme court didn't really come up. they

were they were vague in defining what they are some of this is i think clearly on the line of unofficial trump's meetings with his campaign staff, with his campaign lawyers i think that certainly will count as an official, smith and the most difficult question for judah shotgun is, what about the conversations with mike pence because smith argues that pence was operating either as a campaign worker, essentially worked king with trump on the campaign or as president of the senate, as in the legislative branch in his oversight role on january 6 those are tough arguments for jack smith to make, but the evidence from from pence is very damaging to trump so smith is going to try very hard to get that stuff in laura, the special counsel says that donald trump, quote, explicitly

excluded a white house attorney in favor of private counsel. >> and one of the meetings in which the president allegedly tried to convince pence to reject the electoral votes. the filing reads and i'm quoting it is hard to imagine stronger evidence that conduct is private, that when the president excludes his white house counsel, and only wishes to have his private counsel present. what kind of pushback do you think trump's legal team might offer on that point well, whatever pushed back they offer is going to pale in comparison to the role of what white house counsel is. >> white house counsel is not the private attorney of donald trump or any particular president. it's for the office of the presidency it's either concerned with what's happening in the current administration and in the prospective administration's why they want to preserve things like what would be the conversations presidential privileges, and the like, things that would go to the very heart and core mission of the office. if you exclude that particular person and say, i want my personal attorney instead? you really undermine your ability in the future to say no, no, no. i was asking because i'm the president of the united states yet and still the likely say,

well, counsel was counseling perhaps donald trump was not essentially knowledgeable about the distinction he had an attorney present that's what he was trying to do. it could been later go back to white house counsel, what we see in this filing though does not suggest that they will be able to have a successful argument. this comes down to one very basic thing jeff is right, that it's vague, but either you were acting as somebody in pursuit of an office or you were in office holder, if you were an office holder, you have to abide by the parameters of the office and you cannot have these fall again, detours into personal andrew, i mean, you see the complaints from trump tonight, the doj is violating its own rules about not making public statements about an investigation too close to an election obviously, trump didn't care about that when james comey inform congress and negatively became public for the fbi was reopening the clinton email investigation days before the 2016 election, you were part of the clinton investigative team. i'm wondering what you make of the former we're president's argument tonight i don't find it particularly persuasive as you as you might guess, a couple of reasons.

>> one, this is a doj rule, it's a policy and it's certainly one that can be waived by the attorney general anytime he thinks it's necessary to do that or in the interests of justice and the second big piece here anderson is that policy is specifically directed at the investigators, the fbi the u.s attorney's, the line attorneys who are working with agents on individual cases. and it's a caution to not take any overtli public actions, things that would be seen in the run-up to we want election. we are long past that point in this case, these are not decisions of the department of justice. these are decisions of the court and the judge decided to release this this filing today. and that is not something that the department of justice can can control. so it's really not a matter that comes within the scope of that policy. the whatsoever judge gertner, i'm the special counsel is arguing trump's interactions with pen should be allowed as evidenced because the constitution specifically

excludes the executive branch from the certification of electoral votes. and according to the filing, the former president unquote sought to encroach on powers specifically assigned by the constitution to other branches to advance his own self-interest and perpetuate himself in power contrary to the will of the people. do you think that argument will hold up in court? i mean, the then president tweeting about mike pence while mike pence and danger was was that not an official act of the president? >> well, first of all, i think i disagree with jeff because i think the pence accusations here, the pence data i think is new and that's the difference between what we saw it with respect to the january 6 committee and now so what jack smith is trying to do is show that pence was not pence and trump were not acting in any official capacity because there was no official capacity beyond

certifying a ministerial just counting the votes and nothing more. i also want to follow up with laura coates said, which i think is very telling, which is there? in many of the conversations with pence, it was not just not excluding the white house counsel, but it was also campaign workers were in many of these conversations. it was clear then or it should be clear to a jury that what pence was again, acting as an office holder as office seeker rather than office holder pence smith goes into great detail about how the constitution expressly limits the sitting president and the sitting vice president's role in the electoral counting process. so that someone can't continue their authority beyond the time that they're term runs out. so both the constitutional line as well as an evidentiary line and evidenced line here that would

pence was doing in these conversations with trump were not official. they were campaign discussions. >> jeff a big part of the special counsel's argument is that'll law called the hatch act, allowed trump's white house staff to basically wear two hats essentially separating their political advocacy from their official duties. the special counsel claims and i'm quoting when the president acting as a candidate engaged in campaign-related activities with these officials during their presence, he too was not engaging in official presidential we'll conduct. >> well, the hatch act is a law that says, you know high level government employees can't do politics. they have to do their job. and so what jack smith is trying to do is say that's the line between official and unofficial. and if it's an understandable effort because these vague category boris, at least the hatch act gives, give some forms to that those distinctions. the problem with that argument is that the president himself is not

covered under the hatch act the president is allowed to sue both his official duties and of course to campaign so i think it helps him somewhat to try to draw this line. but since the main character in the drama is not covered by the hatch act, it's not, it's not quite as helpful as he wants. >> the filing references contemporaneous notes that vice president pence at the time i'm during a wrote during a meeting with the former president when lawyer john eastman was asked to explain, depends why he should reject the electoral college votes. how important would those contemporaneous notes being a trial where we almost always gone back to what the jim comey contemporaneous notes things was and right. and that was because contemporaneous notes actually buttress the credibility of a person who actually wrote them. why it's close in time to when their memory would have been freshest, they would not have essentially time to concoct a story or change it and it lends

itself to feeling more truthful. that's great in front of a jury or whoever is the trier of fact if it's the judge in this case solely because it's almost you they're not trying to go back and shift the narrative or have revisionist history that contemporaneous notes written close in time of very important. it also shows you that there was a manipulation that they're arguing was trying to happen there. so they were trying to look at him, not as somebody who was in executive role, but his legislative administerial capacity and that could bode very well for the prosecution to suggest that they were trying to lean on on him as a running mate, as a candidate, not in his role as the vice president. >> andrew, i'm prosecutors have said that they have a witness who's going to testify that the former president said to the first lady, melania trump and ivanka trump and jared kushner, quote, it doesn't matter if you've won or lost the election, you still have to fight like hell is a statement like that? i mean, does that evidence is admissible i think it's admissible it's how persuasive it would be to a jury if in

fact we ever get in front of one is the bigger question that i have this on the one hand, this statement the purportedly shows the former president acknowledging that he doesn't actually care about the actual results of the election. >> the only and what happens i mean if chutkan rules in favor of the special counsel on agrees the behavior in the filing is not subject to presidential immunity. >> what then i mean, i guess there'll be an appeal by trump's team. and what would that mean for any kind of a time? i'm table i just have to

preface the what then question which is, you know, we are in new territory here. >> so who knows? but clearly the supreme court is telling judge chutkan to thread the needle here and describe what's in the appropriate category in what is not what is in the non-immune category in what is immune, i would imagine she will issue a decision. there will be an argument. both sides will say what what they want to say. she would have to issue its decision saying this is in and this is out people have asked whether there would be an appeal. again, we're dealing with new issues. i have no doubt that the supreme court would i want to say stick its nose in this no matter what and the timing of it at this point, doesn't really matter but certainly not going to be a trial before the election. >> there's one very simple answer to at least one of these questions, which is if donald trump wins the election, this case has gone away. yeah, so jeff toobin, thank you. >> laura coates from a cave, judge gertner. thank you. a reminder. you can watch laura

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guns quit through your mouth more liebermann at the pentagon this is cnn jack smith's case in a word for his election interference case comes with the defendants still not accepting the bedrock factual foundation to underneath at all many that the 2020 election was free and fair. donald trump still does not accept that. and when confronted about it on the debate stage last night, is running mate dodge the question he is still saying he didn't lose the election. >> i would just say that. did he lose the 2020 election? >> tim, i'm focused on the future. did kamala harris censor americans from speaking their mind and the wake of the 2020 covid situation that is that is a nonanswer it's an advance last night deflecting and here he is again today why didn't you answer the question last night during the debate about who won the 2020

presidential election? >> well, look, your here's, here's, here's the simple reason the media is obsessed with talking about the election of four years ago it's all the media, cnn, chief national correspondent john king joins us from the magic wall to 2020, trump's senior campaign official, erinperrine. >> and former harris communications director and jamal simmons, do you think this filing will have any impact on the race? >> this isn't i think the american public is pretty clear and they seen the video from january 6. they have had a couple of years of people talking about donald trump and his involvement in it. >> i don't know if this is going to be the thing that moves them. >> i think that the negatives on trump are what they are. the question now is are people ready to hand the reins over to the harris-walz team. and i think that's why the vice president's spending so much time going to ever even knew she can find talking about what her plans are putting out an 85 page booklet it's helpful to have something like this out there so that people can maybe get a little refresher for

those who are looking for it. but i think the deal gets closed when the harris-walz team closes the deal, john, i mean, how do you see it as much as trump is complaining tonight? is this going to help him fund raising are rallying the base jamal makes a key point about the closest of the election is this where harris wants to spend her time? >> the question is how to voters process this. so this is the 2020 map. i'll just go to 2024. republican primaries. let's look in the rearview mirror first this has helped trump in the past, asked nikki haley as ron desantis, remember when trump was indicted on fraud charges in new york or when some of these federal cases came down, the political reaction was, and even some of the republican reaction was this will hurt him. instead, we got this. we've got this. it helped him with the republican base. it helped him raise money, and it helped a rally around trump movement because a lot of republican voters agreed with that thereafter, me, the deep state is out to get me, joe biden is orchestrating all of this. that's the rearview mirror. it helped him and it helped him enormously. here's the question. and jamal just made the key point. so let's just use battleground pennsylvania, the most critical of the battleground states will it help trump in all these red rural counties where his base

is strong, most likely he'll probably raise some more small dollar donor donations and rally the here they come, and that is critical in a close race to turn out your base, anything that can motivate them attacks on immigrants, a tax on the prosecutors, anything to motivate your base helps my question is what about down here in the philadelphia suburbs where you've seen our pieces anderson, we have a number of nikki haley voters that republicans by dna. some of them are thinking about voting for trump, but this stuff bothers them. there's not a ton of them, but it doesn't take a lot of people. so that's the question. >> aaron smith filing, it comes a day after the exchange between vance and walz in the debate i want to play what was said today about former vice president pence who was referenced many times in this new filing. let's play that there is a reason mike pence was not on that stage with me. >> and let me just say this let me just say that i served with mike pence in congress. we disagreed on most issues but in congress and as a vice president, i never criticized

mike pence's ethics and commitment to this country. any made the decision for the constitution mike pence did his duty he honored his own. >> any chose the constitution over donald trump understand in that 88th minute last night, with that nonanswer senator vance made it clear he will always make a different choice that mike pence made and as i said then and i will say now that should be absolutely disqualifying if you're asking to be the vice president i mean, do you think aaron that the trump campaign should be concerned about any kind of a renewed focus some of the 2020 election aftermath

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all over the map report tonight, takes him back to michigan where he revisits group a young student voters that we've met before. >> they are passionate about the middle east. and when john last spoke with them, prison biden was on the ticket. now that vice president harris is you went back to see what, if anything, has changed? >> all on campus means football in ann arbor, that means go blue whatever your politics hall on campus also means election crunch time and here the push to vote and vote early is just about everywhere you look, you are not getting to the white house unless you get michigan and you're certainly not going to the white house unless you get gen z jade gray and anushka jalisatgi are former president's of the college democrats, jealous sake is now a first-year law student born in missouri, but this time voting in michigan, a lot of my out-of-state friends are switching their registration to michigan because they know it's a battleground state university art museum doubles as a voting hub outside this registration desk stands out as does this school day concert

every you and me that very spot on our last visit in may was home to a student encampment protesting israel's response to the hamas terrorist attack. >> and biden administration weapons shipments to israel, the university won't allow another encampment so it's harder to judge the depth of student anger. gray now works in digital organizing and see the dramatic shift huge is an understatement. >> i think there's a drastic difference in support amongst young people for vice president harris versus because president biden attendants had college democrats meetings is strong this night, spent phone banking really what the michigan democratic party for a little pep talk from michigan's democratic governor but resentment lingers the october 7 anniversary is at hand. >> the election just a month away now, this is a meeting of the syrian students association at wayne state in detroit. how many are hesitant? having a

hard time voting for harris? because of these policies that's just about everybody. >> trouble for harris is also easy to find in majority arab american dearborn wahbeh nuseibeh as palestinian a 26-year-old, wayne state student who voted for hillary clinton and joe biden i'm not voting for kamala harris, not in good conscious. i cannot vote for someone that uses my hard-earned tax dollars to kill my friends and families overseas you say, but plans to vote third party, donald trump is a threat to our democracy and a threat to our society. the campus divide goes well beyond picking a president at both ann arbor and wayne state, anger at school officials for how protests have been handled and among students, a divide over how we got here. >> there were atrocities on october 7 but again, these people are fighting for their land and for there families to

on october 7, they weren't fighting on their land. they crossed into israel yeah so even though didn't start on october 7 it really didn't. maya siegmann is a wayne state junior active in the campus hillel chapter, just back well summer in israel the propaganda war, the social media war, the news war that hamas and israel are fighting. hamas is winning. it is hard because when people talk about being on the right side of history, and then they don't educate themselves enough to figure out which one is the right side. it's a bandwagon effect siegmann will vote harris, though she wishes them vice president would give more details. the debate was hard because she didn't directly answer most of the questions. and when the topic of the israel hamas war came up, there wasn't really a solid response as

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also late tonight in beirut, lebanon or cnn team their witness, other explosions, this one in central beirut lebanon's health ministry says at least six people were killed, explosions were also witnessed in beirut, southern suburbs tonight israel has expanded its presence in southern lebanon with thousands more troops. and as rosh hashanah, the jewish new year begins still no answer to the question how israel will respond to yesterday's ballistic missile attack by iran. president biden. today's said he'll speak with israeli prime minister relatively soon. he also says he doesn't support an attack on iran, nuclear facilities nic robertson is in tel aviv tonight lebanon, turning deadly for the idf on its second day the limited localized targeted raids, as the idf characterizes them, triggering fierce resistance helicopters inside israel, picking up the casualties in nearby trauma

hospital, declaring a mass casualty event the idf confirming a dead and several others injured in attacks, hezbollah claims took place in three villages hours earlier, overlooking the area of at least one of the attacks. >> double glad resident or hatan already worrying about the troops i sing that it's very danger to the army to go to 11 on, because many, many trump's waiting for them. she refused to evacuate last year was busy preparing the truth holiday dinner for rosh hashanah the jewish new year and hopeful there raids would bring her respite from hezbollah attacks. >> i more surf more protic because now means i the whole

country however entering a new era of uncertainty, following iran's ballistic missile attack tuesday allies blunting the impact to setting the majority of the fast long-range, high explosive ballistic missiles gonna start dollar, iran made a big mistake tonight, and it will pay for it. >> we will stand by the rule established. whoever attacks us, we will attack them we've been israeli targeted a fully operational including their long range combat mission airfield the scale of israel's response likely determining the pace of escalation it's on other fronts,

continuing uninterrupted palestinian health officials claiming israeli strikes killed more than 90 palestinians and gaza wednesday, as a new operation against hamas, opened up in khan younis strike near damascus. >> on claimed by israel but blamed on them by syrian state media airstrikes continuing deeper into lebanon to targets in beirut and beyond civilians in parts of the capital warned by the idf to evacuate their homes as the country's death toll passes 1,300 un, 1 million people displaced and nic robertson joins us now, what have you seen in tel aviv tonight to be intercepts of some kind of missile or drone out to see

these were not the sort of intersects where you have multiple launches up into the sky where they're going really high. >> this was sort of more straight out which makes us think it was probably a drone, but there were several of them, several launches of the intercept, several explosions were heard in the distance. some time apart, maybe a minute or two minutes between the definitely explosions. so very hard to say hi the idf is saying that they intercepted a suspicious aerial vehicle out to see we heard fighter jets as well at one point out over the sea just here. and helicopters as well. now, the idf says, this is correct. they don't normally sound alarms when the thread is out over the sea but it's not often that we've seen drones coming in off the water onto tel aviv a houthi drone perhaps couple of months ago. did impact here coming in off the sea. so not clear precisely

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that we have dedicated ourselves to will be long-lasting, to get families, to get residents, to get neighborhoods back up and running the white house says she is expected to travel north carolina in the coming days. the overall death toll from hurricane helene has risen to 189 people. it's now the second-deadliest hurricane in the past 50 years behind hurricane katrina, or gary tuchman is in the western part of north carolina tonight with more on the look on the hunt in the search for survivors if you want with to walk with a man who plans to deliver to five-gallon cans of gasoline and food to a friend who stormed damaged houses at the bottom of a north carolina gorge the only road in and out was largely destroyed in the storm emergency helicopter or by taking a vigorous and muddy three mile hike out about 1,000 feet up it will undoubtedly be

a very long time before our vehicles are safely able to use this road again josh, how much farther you think we have? the man i am walking with josh park or hasn't been able to get in touch with this friend brian and is worried. we run into other civilians who have been hiking down in order to help survivors who are either stranded or don't want to leave we got yeah yeah. as we approach the bottom of the green river cove gorge, we run into fred rasic he was among many gorge residents who rode out the storm. >> the older people would infirmities have been airlifted out my. place. total loss, but i'm sorry, i expected that i'm sorry about him in but i'm alive and my loved ones are alive and kinfolk. and say so we got every by cattree that night, god you're okay we arrived at the bottom after about 90 minutes of hiking houses, rvs, cars, trucks destroyed roads have disappeared into the green river, which is now so wide, it's unrecognizable to

resonance your house, you can tell us beautiful once we get back there again, we're going to rebuild. way farther into the gorge, a helicopter starts flying directly towards us a board, the chopper are members of the south carolina helicopter aquatic rescue team to of the rescuers been repelled down to the ground to make sure people are okay. >> as of now, there have been no reports of deaths in the gorge or serious injuries. we see fred rudik again at his property he was in his home when the storm hit but found higher ground. >> this is what your house was before the storm? >> yes it's where my house was the rock corner kitchen, red cross, and mci grass door be facing ride that is just to the left. that push mower. >> okay? and there's this huge tree house cat pivoting. it is turn arrived there against

those three florida's debris trap that so it didn't continue going down in around back into the river lightpost debris here he incredible its incredible. >> i mean, it was epic. it's sad. i mean, pretty much lost everything. >> the house has been in fred's family for more than a half century. >> his late grandmother lived there. i wholly intent to rebuild i feel that my sweet grandma, katie, would have expected me to do so. she got me hooked on these whitewater rivers and the lovely great outdoors. >> this was beyond my control. >> grandma katie you're doing this for your grandma, for yourself. this is your life this is it is in my blood before hiking out of the gorge, josh parker finally gets to his friend, brian's house, only to find he's not there we are told bryan was airlifted out just hours earlier when his health became a concern. do you want to leave the gasoline her anyway for somebody comes somebody can use it brian's dog, maggie, wasn't taken on

the chopper, but volunteers are about to take maggie on the long hike out of the muddy gorge gary tuchman joins us now. >> i mean, it's so nice to see so many neighbors, friends helping each other. i mean, how long is it going to take until i mean, even getting road access to that community us anderson was the only community in the state of north carolina that suffered storm damage the damage is so extensive that it's anybody's guess how long it will take there so much to rebuild. >> and the fact that there are so many communities, some big and some small that have suffered immense damage, just like that. so residence we talked to in the gorge tell us they are fully expecting that it will take years to come to some sort of normalcy. i will tell you lots of people, thousands of customers are still without power throughout the state of north carolina for 5.5 days now, but