thanks so much let's bring in elie honig to talk about this. elie howard are you seeing this filing? >> well, i'm not saying much like you guys, but what i'm trying to do is understand why so much of this would be redacted. i think a lot of people are wondering that obviously i can't see through the redactions, but i can tell you this. here's the kind of thing prosecutors order narrowly would redact one anything relating to an ongoing investigation that could jeopardize sources are witnesses number two, as kaitlan said, grand jury materials are typically supposed to remain confidential at least until trial number three anything that may reveal personal identifying information about a person a social security number or date of birth, that kind of thing. and finally prosecutors generally try to avoid putting information out in the public that could reflect poorly on somebody other than a charged defendant. so if there's someone who could suffer collateral damage, you try to limit the disclosure of that to the public. so that's the type of things

elie honig and katelyn polantz, thanks to both of you. appreciate it. a father who lost his six-year-old daughter in a school shooting is taking on disinformation. and thanks, talking is the way to end this cycle of gun violence in the united states. that's next >> am i just going to take with the market gives me now, i can just research. >> that's backed by jp morgan is leading strategists like us when you want to invest with more competence, the answer is jp morgan wealth management with decks calm g7, managing your diabetes, just got easier so what's your glucose number right now good thing. >> you don't need to fingerstick house all about food affect your glucose oh, the answers on your phone. >> what if you're heading low at night can even track your goals. manager diabetes with confidence, with deck come g7, the most accurate cgm. >> learn more at decks com.com you no, no, no, that is against the hoa bylaws. it launched my laws were showing were consumer cellular gets great coverage. >> you're making everything i know, right? >> we use the same to

elie honig always good to see you. thank you so much thanks. >> all right. >> despite his legal troubles, trump does remain neck and neck with kamala harris would just a month until election day ahead. we're going to run the numbers on where both candidates stand in the handful of states that will determine this election stake. one is coming out episodes says to the world, it's okay to be gay. >> i don't think i realized how much mental i saw the reactions tv on the edge, moments that shaped our culture tonight at nine on cnn when you're a small business owner your to do list a lock see if you can save money with a commercial auto code online. >> so you can get 21 other absolutely not going to cogat progressive commercial.com in 2016, donald trump said he would choose only the best people to work in his white house. now, those people have a warning for america. trump is not fit to be president. again, here's his vice president anyone who puts themselves over the constitution should never be president of the united stat

let's get some analysis right now from our cnn senior legal analyst, elie honig. elie, what do you think it could this be a violation of federal election law? >> well, it's definitely close to the line wolf. and in my view, it's probably over the line here's why it is a federal crime to pay somebody to vote or register. but there's a wrinkle here, which is that there's a contingency built-in. what musk is saying is essentially, if you are registered, then you might win this prize. however, if we look at the justice manual, which is doj's internal guidance to prosecutors. it says that where there's a lottery, where there's some contingency involved that probably still qualifies under the law. that's based on one case from a federal court of appeals back in 1983. so it's not entirely clear, wolf, it's a thorny issue for sure. >> let me read to you and our viewers what the federal law on this specific issue states that i'm not reading from the law whoever knowingly or willfully pays or offers to pay or accepts payment either for registration to vote or for voting shal

i'm going to bring back cnn legal analyst, elie honig, also joined by bill brennan who was an attorney for the trump payroll corporation. elie. what is the goal of jack smith here? >> well, jake jack smith is trying to salvage his indictment as any prosecutor would and should do. and just to refresh everyone's memory jack smith brought his initial indictment back last summer of 2023, a few months ago, the supreme court said much of what's in that indictment is immune. donald trump has immunity and it's out of the case. then jack smith came back with a narrow down indictment. and in this filing, jack smith is arguing to the court what's left in my indictment is all kosher smoke, so to speak. it's all good to go for trial. and the key dividing line there is, if it's an official act, then donald trump is immune and it's out of the case. but if it's private, then it's not an official act and it can stay in the case and that jake is the number one word that you see. the number one theme that you see repeated throughout this filing by jack smith private, he argues all of this conduct was pri

james comey's actions in 2016 ought to feel the same way about jackson smith in 2024, my colleague elie honig frequent guest on this program, cnn senior legal analyst, former federal and state prosecutor. he wrote a piece this week for new york magazine jack smith's october cheap shot elie said this, anyone who objected to james comey's outrageous announcements about the hillary clinton email investigation. and on the eve of the 2016 election, should feel the same way about smith's conduct. now, what's the distinction? both violated ordinary procedure to take public steps shortly before an election that plainly would have an impact on that election. i wouldn't know if you agree with that. go vote at smerconish.com continue to hit me up on social media i will share some reaction during the course of the program. for example, what do we have, catherine? this has come in already, michael, the american people deserve to know the truth about the effort trump went through to overturn the 2020 election right up until election day. joe brown, i agree with that premise. i absolutely agree that you des

. >> it's also getting some criticism from legal scholars like cnn, senior legal analyst, elie honig, who joins us now. elie, you wrote an article for new york magazine's intelligencer, where you called jack smith's filing a quote, cheap shot how's it a cheap shot? >> so allison, the justice department has long had a written policy that says federal prosecutors shall take no action that may impact an election to close to an election unless you cannot humanly avoid it. and what jack smith has done here has filed a 165 page opus that includes information the first of all, has not been tested through the rules of evidence that jack smith actually concedes some of this would never be admissible at trial. it includes all evidence that has never been subjected to are tested by cross examination. but what happened here that's really unusual. allison, is the way that jack smith and to an extent, judge chutkan manipulated it in twisted the ordinary procedure ordinarily, a defendant makes a motion. first to dismiss the case or to do any other type of thing, and then the prosecutor responds, but

private capacity as a candidate for manhattan prosecutor jeremy saland and cncnn senior legal analyst, eli honig, joining us now. first t you, elie, we are seeing an incredible amount of information that we weren't none of us, the public, the media known was privy to until judge tonton, tanya chutkan unsealed them. why were they unsealed? >> well, sara, this is all about immunity, so we remember a year ago or so jack smith returned the indictment on donald trump relating to january 6. it was a very broad indictment since then, though this past summer, the u.s. supreme court said a lot of the stuff, some of this stuff in this indictment is immune and has to come out some it is in sort of gray area and you on the district court have to figure it out. and some of it can probably stay in. this is jack smith saying, okay, judge stuff that he's definitely immune for. and here's us defending the rest of it arguing why he's not immune. and the sentence you just showed, sara uses the word private three times. that's the gist jack smith's argument that donald trump's conduct here was not being done as pre

. >> the whole truth and nothing but the truth my legal sources tonight, elie honig, cnn's senior legal analyst and former federal prosecutor, elie, how unusual is it to see that many members of someone's family in a situation where they're convicted for the murder of their parents coming out and saying this is wrong, they should be released. >> well, it's an extraordinary circumstance in every case because these are the family members, not just of the defendants, but also of the victims. and i think the uncle just said something that's really important, right because you want to know what is the victim's family thing that's most of the relatives. >> there's still a few that are oppose letting the menendez brothers out early, but the vast majority, as we just saw, are in favor of it. and the thing that the uncle just said that really resonated with me is that people of my generation, gen x, more or less, we were misinformed and misunderstood what this case was really about at the time i was in high school and college it was a punchline. it was made fun of on saturday night live and kohn

attorney's to take into account the whole truth and nothing but the truth my legal sources tonight, elie honig, cnn's senior legal analyst and a former federal prosecutor. >> elie, how unusual is it to see that many members of someone's family in a situation where they're convicted for the murder of their parents coming out and saying this is wrong, they should be released. >> well, it's an extraordinary circumstance and every case because these are the family members, not just of the defendants, but also of the victims. and i think the uncle just said something that's really important. right. >> because you want to know what is the victim's family thing that's most of the relatives. there's still a few that oppose letting the menendez brothers out early, but the vast majority, as we just saw, are in favor of it. the thing that the uncle just said that really resonated with me is that people of my generation, gen x, more or less, we were misinformed and misunderstood what this case was really about at the time i was in high school and college. it was a punchline. it was made fun of on saturday

former assistant us attorney for the southern district of new york and cnn, senior legal analyst elie honig, also here, former senior investigative counsel for the january 6 committee temidayo aganga williams. great to have you both here. elie, can we just start with what they are arguing? what trump's team is arguing here, obviously we know the goal is, but what's the process that they're hoping they get there by? >> so this is the the other issue we've been very focused for last several days and weeks on the immunity question, which is playing out. and i know we'll talk about in a minute. but what trump's arguing today is there was another supreme court decision a few days before the immunity decision that said the obstruction law that was charged to get hundreds of january 6 rioters does not apply to the physical attack kemp to block congress on january 6, the court, as a result, throughout 300 plus convictions for that. and by the way, i should say justice jackson ketanji brown, jackson joined with five conservatives in that ruling. so trump's team is saying, aha, two of the four charge

we're going to talk to elie honig about what this could all mean for his case as diddy remains behind bars tonight and ask questions like, what does a comedy show doing on cnn? that's too much i want donald now, can you slice that provide guard news for you saturday at nine on cnn. >> i still love to serve snowboard and of course scape. so i take kuno magnesium to support my muscle and bone health. queue knows high absorption magnesium, glycine, it helps me get the full benefits of magnesium juno, the brand i trust tired of sciatic nerve pain radiating down your leg and lower back. >> get relief finally, with magna life leg and back pain relief, a combination of four active ingredients they get to work fast. >> so good living available at your local retailer with decks, calm g7, managing your diabetes, just got easier so what's your glucose number right now? good thing. you don't need a finger stick i how's all about food affect your glucose? >> oh, the answers on your phone. >> what if you're heading low at night can even track your goals manager, diabetes with confidence, with deck

we're going to talk to elie honig about what this could all mean for his case. as did he remains behind bars tonight my hundreds mint commercial >> but it's unlimited premium wireless for $15 a month power there still people pink two or three times which i'm sorry, i shouldn't be victim blaming here. >> take a breath of fresh air with a stanley steamer air duct cleaning. we clean over 10 million feet of air ducts each year with our specialized trucks built by us, removing the contents and it's from your home, your air ducts aren't clean until they're stanley steamer clean if you are shopping for a home, you could rouse hundreds of listings, score great deal, or compare home values all at once. search and we'll call to find the cheapest house on that street home search will never be the same again it simply safe. your safety is the only thing that matters. we designed smarter ways to detect motion for fast emergency response we create hd cameras. so you could see what's happening in your home from anywhere we're all powered by fast protect technology exclusively

i want to bring in cnn senior legal analyst elie honig, elie. do you think this approach by the special counsel could could actually circumvent the presidential immunity protections that the u.s. supreme court outlined well i think jack smith is going to succeed in defending most of what's already left of his indictment. important to remember, jack smith first indicted the case a year ago. it was a very broad indictment. the supreme court then polled certain parts out of it, are told jack smith that certain parts of his indictment were going to be subject to immunity. for example, jack smith removed the part about donald trump pressuring the justice department. i think with respect to what's left, jack smith makes a fairly compelling case here that it was not official action, that it was done for private purposes, for criminal purposes and therefore should stay in the case if this argument does not pass muster, does that mean that special counsel, jack smith's case against trump is effectively dead. and so i mean, ultimately donald trump did wha

. >> elie honig, who you know well, former federal prosecutor is arguing in writing today that this is malfeasance by jack smith to file this so close to the election. barbara, i want to get you on that as well. >> the judge directed this be filed. this isn't the department of justice deciding they want to file something just to get it out there in the ether. the reason we have an independent counsel is to avoid these kinds of political accusations. jack smith is complying with an order of the court to move the case along and do the next step in the case. not only can they not do this, they should not do this because a judge has ordered them to file this. >> all right. let's talk about the substance of what we saw in there. there were so many times in the filing that jack smith details conversations that mike pence had with donald trump where he was saying to him, you didn't win the election. there's no more room to navigate this. there's time to move on. i think at least nine separate conversations. the supreme court said there's a presumption of immunity around the conversations that

elie honig, we're interested what you're interested in and thank you all so much for joining us. cnn newsnight with abby phillip is up next people are frankly exhausted of brett more than kamala harris dares to no, where democrats usually don't for a tele sit down with fox plus parroting lies. donald trump says he was just repeating what others told him about haitian migrants. while the nominee dances around. a big question on deportations. >> and after an actor publicly criticized barak obama's lecture two, black men the former president, gives him a ray here. >> what happened next live at the table. kara swisher, scott j. coleman hughes. and nayyera haq, with special guest actor wendell pierce and a debate he between kevin o'leary and catherine rampell with 20 days to go. >> americans with different perspectives aren't talking to each other. but here they do phillip in new york. let's get right to what america is talking about was that worth it tonight kamala harris joined fox news's bret baier for an interview and it turned contentious pretty quickly. one of the most fiery mom

senior legal analyst elie honig kaitlan. you were in court for today's hearing.t happened well, jake, ruby freeman, and shaye moss, they are still chasing giuliani for more her of what he's worth. >> they want all of the about 10 million. they think he has in his possession. they're already getting quite a chunk of it, but that palm beach condo is at issue that was primarily what was discussed in court. it's worth about three-and-a-half million dollars giuliani's currently living there. he says it's his primary residents. >> they say it may be a vacation home. >> it certainly looks like he didn't stay there very much. and even when he was just in bankruptcy, a couple of months ago, he was claiming new york was his primary residents and so there is a question of whether he's gonna be able to keep control of that palm beach condo as his seoul home, even if he's staying in other places right now, we can't do a lot with it except stay there. the judge is going to work that out in the next couple of weeks and then the other question, jake, what about those world serie

jack smith just did, i would i recommend everybody go to new york magazine, read our colleague elie honig's peace in a new york magazine about jack smith violating long-standing doj policy by announcing these charges are these these additional put putting out this additional facts with the purpose of affecting the election. clearly, i mean, he did that. this is reminiscent of jim comey in 2016. hillary clinton. >> and you got to feel for no, no but i'm saying but democrats went crazy then. why are you guys grazie now saying that's wrong? it's wrong. jack smith committed election interference. well, jake, we know he cut in and just use the nicest tony he's from pennsylvania but david. david. good morning. okay. so when donald trump, according to the jack smith filing, says about mike pence, so what don't you have a problem with that? it's bad. he should have done it listed. i think it's bad. so going back to our conversation early, but here's the probe. >> jack smith shouldn't be putting out are saying that it's a responsibility that we will well, who stormed the capitol, not donald trump. >

elie honig, we're interested what you're interested in. thank you so much for joining us. the news continues right here on cnn tonight. >> wednesday night lights. >> people are frankly exhausted a bret more than kamala harris dares to go, where democrats usually don't >> for a tally, sit down with fox plus parroting lies. donald trump says he was just repeating what others told him about haitian migrants. while the nominee dances around a big question on deportations and after an actor publicly criticized barak obama's lecture two, black men, the former president, gives him a ray here. what happened next? live at the table. kara swisher scott jennings coleman hughes, and now euro hoc with special guest actor wendell pierce. and a debate between kevin o'leary and catherine rampell with 20 days to go, americans with different perspectives aren't talking to each other but here they do >> i'm abby phillip in new york. let's get right to what america is talking about. was that worth it tonight? kamala harris joined fox news bret baier for an interview and it turned contentious