jack: ♪ ♪ ♪ jack: we can behind the headlines and prepare for either week ahead and i am jack otter comingbeen five years in the launch of the showing a lot of change in the market since then were looking back in the head, and the markets big destructors, t. rowe price head of investment strategies david jerusalem and later, were days away from tesla's highly anticipated hollywood unveiling of a self driving a taxi and that what's at stake it for elon musk of the coming but we panel everything's investors are be thinking about right now, my colleagues jack elizabeth o'brien subject to come of sox were off to kind of the week week and suddenly the jobs report came out in the wages are going than inflation everybody is happy. jack: stocks to come back crude oil the biscayne since march, this is anticipation of israel potential retaliation against iran to the jobs report from a much better than expected, evidence that the economy is in decent shape and that's good and if you were expecting another half-point rate cut, and november coming might need to start think about it one point cut year t

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 private. it was criminal, and it should stay in the case. jack smith argues bill,

now the sentence that you pointed to at the beginning basically says to jack smith, that is, jack smith is basically saying to judge chutkan, don't plead me down just one avenue so that if that turns out to be the wrong one we will have to go back again. give me an alternative set of rulings. affirm my view that the president as a candidate has no immunity under the courts opinion. but if part of what the president is doing is not in his role as candidate, then please agree with my elaborate argument that any presumption of immunity is overcome. take, for example, the 70 or so threats that trump makes to pence, basically saying you better do this, whether it is legal or not. so what. it does not matter or i will basically sick them on you. those threats to pence, even if you don't know which hat he is wearing, cannot be part of the president's official function. for an outgoing president who, as the evidence compellingly shows, knows he has lost and says it doesn't matter whether i have lost, we have to fight anyway, even if i have lost. for that president to say i have an official role

jack kennedy decides i'm not going to stay up. he decides to do what i often do on election night, which is just to go to bed because you're not going to change anything of the election was was such where the nixon family when the results came in, they were quite distraught. pat nixon was was very embittered about the whole thing. and nixon's daughter. the others were wondering, hey, what's he going to do for a living? and where are they going to live? here's what john kennedy had to say after, knowing he was president elect to all american. i say that the next four years are going to be difficult and challenging years for us all. the election may have been a close one, but i think that there is general agreement by all of our citizens that a supreme national effort will be needed in the years ahead to this country. safely through the 1960s. i ask your help in this effort, and i can assure you that every degree of mind and spirit that i possess will be devoted to the long range interests of the united states and to the cause of fr

>> what jack smith did is he gave it all.put it all out there in this filing because he knows what's going to happen is chutkan is almost 100% agree with his assessments set forth by him. and because of that, despite trump's protestations otherwise, it's going to get appealed. the decision by chutkan will go to the d.c. circuit. the d.c. circuit already determined that there's no immunity for donald trump in this capacity, meaning there was this whole issue of misconduct. so now you have to get it back to the supreme court. but what jack smith did which is so beautiful and elegant, is he cites to amy coney barrett when it comes to fake elector schemes and the fact that she said that cannot be private conduct when your doing this with the fake electors. and the other thing that really hurts donald trump is the following -- two things, one, there's forensics on his phone that we're learning about that has been done by jack smith that was included this n this filing. and mark meadows. tried to remove this from state court to fed

diversion out there is that you hear special counsel jack smith was coming from.ssentially he was saying that donald trump was resorting to crimes after the 2020 election and in these documents, goes into great detail as to his actions on january sixth when the president quoting here, "took to the stage to speak to supporters who were gathered there, heat new that mike pence vice president has refused to use the defendants for argument "this is coming from jack smith's office out of the time for the defendant referring to donald trump also note he had only one last hope to prevent bytedance certification as president, the large an angry crowd standing in front of him. for more than an hour the defendant delivered a speech designed to inflame supporters and motivated them to march on the capital. donald trump said he was urging them to march peacefully, goes on to say that he said in the same rise he was telling for months privately and publicly, including to the officials in the targeted states and that he knew were not true. this is all in the eye of the beholder

that from the filing from jack smith. we are talking about it all is the -- we are talking about it on the washington journal as axios notes, the details continually note the president was asking in his capacity as a candidate and not a president, this an effort by jack smith to respond to the bombshell supreme court ruling that said presidents have immunity for official actions. if you go to the filing itself, it is about 165 pages. you can read it online, plenty of news sites and also on c-span.org. "the defendant asserts he is immune from prosecution for his criminal scheme to overturn the 2020 presidential election because he claims it entailed official conduct. not so. although the defendant was the incumbent president during the charge conspiracies his schemes were fundamentally a private one. working with the team of co-conspirators the defendant acted as a candidate when he pursued multiple criminal means to disrupt and defraud the government function by which boats are collected and counted, function which the de

and and jack kennedy gets that nomination.and the when wyoming casts its ballots and there's no state that begins with z. so that was a pretty closely run thing, boys and girls. well, john kennedy was born in 1974 years after richard nixon in brookline, massachusetts, attended harvard, active in the us navy during world war two, was in the house the same years that richard nixon was 1947 and 1953. u.s. senator. then from 53 to 60, 1960 elected the 35th president, the first catholic, first born in the 20th century, the youngest ever, 43 years old, and of course, assassin dated november 22nd, 1963. did richard nixon and john kennedy know each other well in the house and the senate? yeah, they came to the house in the same year. were they engaged in a debate in 1947 or 1948 in small town and pencil virginia over labor policy and shared a sleeper berth coming back. they knew each other, jack kennedy's faer, joe kennedy, could not stand nixon opponent for the u.s. senator in california senate in california in 1950 and donated to hi

and and jack kennedy gets that nomination.and the when wyoming casts its ballots and there's no state that begins with z. so that was a pretty closely run thing, boys and girls. well, john kennedy was born in 1974 years after richard nixon in brookline, massachusetts, attended harvard, active in the us navy during world war two, was in the house the same years that richard nixon was 1947 and 1953. u.s. senator. then from 53 to 60, 1960 elected the 35th president, the first catholic, first born in the 20th century, the youngest ever, 43 years old, and of course, assassin dated november 22nd, 1963. did richard nixon and john kennedy know each other well in the house and the senate? yeah, they came to the house in the same year. were they engaged in a debate in 1947 or 1948 in small town and pencil virginia over labor policy and shared a sleeper berth coming back. they knew each other, jack kennedy's ther, joe kennedy, could not stand nixon opponent for the u.s. senator in california senate in california in 1950 and donated to hi

. >> jack smith said a couple weeks ago judge chutkan we want to go first. judge chutkan said that's quite unusual but she let them go first. the effect of that now is we essentially have jack smith's case at least on paper, at least the parts that haven't been redacted 30-some days before the election. >> there is no question this jack smith's only real opportunity to try this case in the eyes of the public before the election. >> bret: 34 days before the election. this is 165-page filing by special counsel jack smith the parts here, excerpt. three days before election day p 1, person one described the defendant, which is former president trump's plan to a private gathering of supporters and what trump is going to do is just declare victory, right? is he going to declare victory. that doesn't mean he is the winner. is he just going to say he is the winner. it goes on. but truth social, the former president posted moments ago. democrats are weaponizing the justice department against me because they know i am winning. they are desperate to prop up their faili

jack was persuaded to hand over enough information to allow the scammers to put jack's revolut accountm. if an account is used on a new device, revolut asks for a selfie to check its really you. i never did that. i didn't send any photos. i had zero, nothing to do with that. jack says he asked revolut to show him the selfie that authorised the new device. they actually say that it wasn't stored in their system, and so there's no way of actually proving how it was done or what photo was used. we wanted to find out how a scammer could bypass revolut�*s selfie check. dr katie paxton—fear is a cybersecurity specialist at manchester metropolitan university. nice to meet you. so, the selfie check is actually really, really important for a lot of revolut security. and that's because it's a key method that's used to verify the person. that includes, on opening new accounts, to verify that it's an actual human, not a bot opening accounts. we asked katie to look at what could have happened in jack's case. how straightforward is this? what are we looking at here? well, we can start by, you know,

that from the filing from jack smith. we are talking about it all is the -- we are talking about it on the washington journal as axios notes, the details continually note the president was asking in his capacity as a candidate and not a president, this an effort by jack smith to respond to the bombshell supreme court ruling that said presidents have immunity for official actions. if you go to the filing itself, it is about 165 pages. you can read it online, plenty of news sites and also on c-span.org. "the defendant asserts he is immune from prosecution for his criminal scheme to overturn the 2020 presidential election because he claims it entailed official conduct. not so. although the defendant was the incumbent president during the charge conspiracies his schemes were fundamentally a private one. working with the team of co-conspirators the defendant acted as a candidate when he pursued multiple criminal means to disrupt and defraud the government function by which boats are collected and counted, function which the de

jack smith filed that brief under seal. judge chutkan chose to unseal this, not jack smith. and i do take issue with the framing that this case has been delayed or is going forward at this time because of jack smith it was delayed because the supreme court took so long to took this action. it was delayed because the former president has sorted every angle to stop this from going forward. so i do think that personally for me, i think what jack smith has done so far is prosecutor's case honorably, quickly and appropriately, and the public has a right. there's a public interest in an open process which means seeing this evidence, which means moving quickly and yes, moving quickly before an election that's what should happen. the people should know what happened and get the evidence that a grand jury, as beyond probable cause, said that the former president likely committed these crimes so that people should get to trial as quickly as possible and should not be stopped because an election happens to be happening, he's a defendant firms candidate second how many times did you eve

jack smith. somebody may have forgotten about jack but he didn't forget about us. what sticks out to you? >> i was just going to say my wife, stephanie, also named stephanie, would kill me if she thought i forgot the pumpkin and skull. >> and i love them both. halloween is my favorite holiday so thank you to stephanie. let's talk about jack smith. what stuck out to you in the filing and you think it's can have any effect on the 2024 raise? >> what sticks out in the filing i think is where the fight will be, which is over the discussions donald trump had with vice president mike pence and whether those things are allowable as part of the prosecution given that the supreme court has made this distinction basically saying that the official asked -- acts of a president or not something he can be held accountable for so the question is which of the conversations between vice president pence and president trump when president trump was trying to get him to overturn the results of the 2020 election might be admissible and so there is a lot of discussion in this filing of

. >> i srved with jack kennedy. i knew jack kennedy. jack kennedy was a friend of mine. senator, you are no jack kennedy. >> reporter: in a race like this one, however, where the candidates are essentially tied in all seven battleground states, everything counts. >> i can't wait to debate the guy. [cheers and applause] >> reporter: and while campaigns typically try to raise expectations for their opponents in a debate, donald trump went the other way last night. >> you'll see it tomorrow with j.d. it will be stacked. he's going up against a moron. a total moron. how she picked him is unbelievable. >> reporter: the trump campaign, incidentally, has actually been making the opposite case. they say that walz is a skilled debater. now norah, you mentioned that we are in the spin room. advocates from both sides will fill this room later tonight after the debate tonight to make the argument that their chosen candidate came out on top. but we will also the interviewing and pulling everyday americans to see what

this is from page 61 of jack smith's filing.oconspirator two in a memorandum stands in stark contrast to concessions he had made about the vice president's lack of authority in the certification proceeding. two months earlier on october 11th, he had written to a colleague that neither the constitution nor the electoral count act provided the vice president with discretion and counting of votes or permitted him to make the determination on his own. just one day earlier on december 22nd when asked by other attorneys to provide views that would have filed raised the issue of the vice president's authority on january 6th, two recommended that the complaint not be filed. he wrote this, quote, the rik of getting a court ruling is very high. that all the people all the lawyers around trump knew so early that there was no legal predicate for what they were pressuring pence to do with brute political force. with this brute intimidation that the committee developed evidence including from ivanka. that the lawyers had researched this thems

jack: thank you, meghan and al have a pair of investment ideas and jack says don't blam (fisher investmentsisher investments we may look like other money managers, but we're different. (other money manager) how so? (fisher investments) we're a fiduciary, obligated to act in our client'' best interest. (fisher investments) so we don't sell any commission-based products. (other money manager) then how do you make money? (fisher investments) we have a simple management fee, structured so we do better when our clients do better. (other money manager) your clients really come first then, huh? fisher investments: yes. we make them a top priority, by getting to know their finances, family, health, lifestyle and more. (other money manager) wow, maybe we are different. (fisher investments) at fisher investments, we're clearly different. an alternative to pills, voltaren is a clinically proven arthritis pain relief gel, which penetrates deep to target the source of pain with nonsteroidal anti-inflammatory medicine directly at the source. voltaren, the joy of movement. >> first the good news, you are

let's talk about jack smith. i want to know what stuck out to the filing and you think it'll have any effect on the 2024 race? >> suffers well, what sticks out in the filing i think is where the fight will be which is over the discussions that donald trump had with vice president mike pence and whether those things are allowable as part of the prosecution, given that the supreme court has made this distinction basically saying that the official acts of the president are not things that he can be held accountable for by prosecutors, so the question is, which of the conversations between vice president pence and president trump when president trump was trying to get him to overturn the results of the 2020 election, might be admissible, so there's a lot of discussion in this filing, in the filing, of just what mike pence told folks in fact, i felt one of the most interesting things that he said, the prosecutor say donald trump was told by a lawyer that his plan to have pence basically reject the certification of ele

jack: thank you, meghan and al have a pair of investment ideas and jack says don't blam welcome to ameriprise. i'm sam morrison. my brother max recommended you. so, my best friend sophie says you've been a huge help. at ameriprise financial, more than 9 out of 10 of our clients are likely to recommend us. our neighbors, the garcía's, love working with you. because the advice we give is personalized, -hey, john reese, jr. -how's your father doing? to help reach your goals with confidence. my sister's told me so much about you. that's why it's more than advice worth listening to. it's advice worth talking about. ameriprise financial. chase knows how to put the hart in your local community. evan! you're helping them with savings, right? (♪) somebody just got their first debit card! ice cream on you? your money is a part of your community, so your bank should be too. like, chase! your gut is like a garden growing both good bacteria and bad. that balance is key to a healthy gut environment. benefiber's plant-based prebiotic fiber gently nourishes the good bacteria, working with your body to help y

jack: thank you, meghan and al have a pair of investment ideas and jack says don't blam [ cellphone chimes[ clears throat ] -sorry, honey. it's a work thing. -mine's also a work thing. i just need someone to cover my shift. [ cellphone buzzes ] -yup, so is mine. alan says your business vehicle is now covered with progressive. protected 24/7 -- just like your home and auto. oh, that's great! so dinner time is just phone time now? sorry... you know i heard that ground turkey is the healthiest poultry. you know what, never mind. just be on your phones. where ya headed? susan: where am i headed? am i just gonna take what the markets gives me? no. i can do some research. ya know, that's backed by j.p. morgan's leading strategists like us. when you want to invest with more confidence... the answer is j.p. morgan wealth management your gut is like a garden growing both good bacteria and bad. that balance is key to a healthy gut environment. benefiber's plant-based prebiotic fiber gently nourishes the good bacteria, working with your body to help your gut, and you, flourish. effortlessly. every da

a federal judge says the american people should be able to learn more about jack smith's case against donald trump for alleged interference in the 2020 election and they should be able to hear it today and loved and politics, how dating apps are helping singles swipe right to find love in the leadup to the election and asked questions like, what does the communist just seeing it too much but i want donald now can you slice that? >> the bodyguard news for you tomorrow at nine on cnn you're leaving me for a turbotax expert seeing it, adam turbotax will be your pride's >> were turbotax live expert and we'll beat the price you pay your pro last tax season came to reeva's support your brain health. mary janice. hey, eddie know appraiser, frank frank bred. >> how are you for up to seven brain health indicators, including memory when you need to remember, remember nerivan what does searching for medicare plan feel like? it's kind of confusing. >> it's so complicated. >> it's a pain, it's really, it's really difficult. it's strong ehealth is a less stressful way to find health insurance to pr

jack: thank you, meghan and al have a pair of investment ideas and jack says don't blam meet the travelingo. the thrill seeker. the soul searcher. and - ahoy! it's the explorer! each helping to protect their money with chase. woah, a lost card isn't keeping this thrill seeker down. lost her card, not the vibe. the soul searcher, is finding his identity, and helping to protect it. hey! oh yeah, the explorer! she's looking to dive deeper... all while chase looks out for her. because these friends have chase. alerts that help check. tools that help protect. one bank that puts you in control. chase. make more of what's yours. advil liqui-gels are faster and stronger than tylenol rapid release gels. ♪ also from advil, advil targeted relief, the only topical with 4 powerful pain fighting ingredients that start working on contact and lasts up to 8 hours. you founded your kayak company because you love the ocean. not spreadsheets... you need to hire. i need indeed. indeed you do. our matching platform lets you spend less time searching and more time connecting with candidates. visit indeed.com/hir

jack: thank you, meghan and al have a pair of investment ideas and jack says don't blame t obesitriyaking a bite out of the snack industry, stay right there. . woah, a lost card isn't keeping this thrill seeker down. lost her card, not the vibe. the soul searcher, is finding his identity, and helping to protect it. hey! oh yeah, the explorer! she's looking to dive deeper... all while chase looks out for her. because these friends have chase. alerts that help check. tools that help protect. one bank that puts you in control. chase. make more of what's yours. hi, i'm greg. i live in bloomington, illinois. i'm not an actor. i'm just a regular person. some people say, "why should i take prevagen? i don't have a problem with my memory." memory loss is, is not something that occurs overnight. i started noticing subtle lapses in memory. i want people to know that prevagen has worked for me. it's helped my memory. it's helped my cognitive qualities. give it a try. i want it to help you just like it has helped me. prevagen. at stores everywhere without a prescription. if you're living with dr

. >> the prospect of mike pence being killed or harmed, what jack smith found is that donald trump's response was quote, so what. >> 34 days before the election, new details on how the republican candidate for president tried to overthrow the last election. rachel maddow and lawrence o'donnell join me live tonight then -- >> did he lose the 2020 election? >> tim, i am focused on the future. >> that is a damning nonanswer. >> senator chris murphy on the plan to subvert the selection. >>> plus, original war as israel invades lebanon and my interview on the book. all in starts right now. good evening from new york. i am chris hayes. 34 days out from the election voting has started in a number of states. the judge in donald trump's january 6 special counsel case has unsealed a new court filing just this afternoon. in the filing, special counsel jack smith outlines the details about why donald trump should be federally prosecuted for his attempted coup, so we have a special to show tonight. i'm going to be joined in just a moment by rachel maddow and lawrence o'donnell. the filing is hund

please welcome jack antonoff! [ cheers and applause ] ♪ ♪ [ cheers and applause ] >> jack antonoff!d then when you hugged me, i went like this to the camera? >> jimmy: oh, you did. >> yeah. >> jimmy: oh, that's funny. that's a good bit. [ light laughter ] you were here last week. >> yes. >> jimmy: and i always love when you come by. >> you had my wife on the show. >> jimmy: margaret qualley was on the show. >> you said -- a, um, uh -- >> jimmy: yeah. [ laughter ] no, he's doing that in a a supportive way. >> yeah. >> jimmy: he knows. you're married. [ light laughter ] no, he's supporting your wife, yes. getting mad at the audience. >> that's like -- that's like -- you know who that person was? >> jimmy: no. >> i'll tell you. that's the kind of person that, like, sees margaret -- >> jimmy: no. >> -- in a movie, and -- and -- and -- >> jimmy: no, that's -- >> -- she's brilliant in the movie. >> jimmy: yes. >> and then they tweet at me, "can you fight?" [ laughter ] >> jimmy: no, no that's -- now, look -- now, look, here's the thing -- >> that's who that person was. >> jimmy: -- you --

bret. >> bret: isn't this jack smith's edification? >> jessica: no. that's what pushed this timeline back. jack smith was very clear he was going to proceed. he was exactly the same charges in this. he slimmed it down but he was able to convince a grand jury that he should move ahead with all of these counts. and they -- they have some smart lawyers that are working for them who might have been able to mention to donald trump. that this just means that this case is going to come up closer to the election. and. >> harris: not the trial. >> jessica: but that doesn't matter. >> bret: it does. it really does. >> jessica: no, it really doesn't. people aren't buying en masse they are not buying this lawfare argument that he is a big victim and didn't do anything wrong. there is evidence in this of clear cut crimes. >> bret: what is not in this, jessica, is not a defense. there is not a defense. there is not anything that says this was an official act or wasn't. i understand what you are saying about painting the picture. but the timing, lawrence, is a quest

then jack smith goes on and does that with respect to all of the other aspects of the scheme. first, these things are not official acts. they are private. he was in his conduct as a candidate, et cetera, et cetera, and even if they were he can read about the assumption. last point on that, amy coney barrett in her concurrence, she led the way. she said i think the majority should have answered some of these questions and she said in my opinion, donald trump's efforts to orchestrate the fraudulent elect or scheme is purely private conduct because he has no role as president in the states choosing electors. she also said that in her view the pressure on state legislatures, for example in arizona, the speaker of the house. because there is no authority of the president to have anything to do with how states choose their electors, that there is no way that that kind of thing, that kind of prosecution would intrude on the functions of the executive branch. so he is following her lead and the lead of the majority. >> that is a great point about amy coney barrett's concurrence, but s

did jack smith have any control over the timing of the release? >> in the immediate term, he did not. this was a decision by the judge to unseal a sealed filing. the special counsel's office didn't know this was going to be happening yesterday. there's a larger issue here where you can question whether jack smith could have done something to avoid this happening until after the election, could have asked the judge for more time, but the justice department's position is this does not violate guidelines. they have a case to litigate. the supreme court has asked that this procedure happen to sort out what's private and what's official, and that they need to move forward. and judge tanya chutkan made clear she believes the election has no bearing on how the case should be handled. >> vaughn, trump calls the timing election interference, aren't his legal moves the reason this all was delayed to this point right before the election? >> right. let's be clear, when we were talking about him disputing underlying facts of the case, donald trump has maintain

come maybe not anyone, but certainly jack smith did. we talked with you, josh because you call this filing a blueprint for special counsel, jack smith and a jury presentation. if that would happen one day, what do you think is his goal in doing this? knowing the audience is not really a jury in this case. it's the judge. what is he trying to do? >> well, he's trying to give her as much of the evidence as he can because so far what she's really had is only the indictment which was just sort a bare-bones outline of its case. and this really fills in a lot of the details that a lot of the juicy nuggets that you just relayed, our him laying out the facts. there's one in there where they talk about a trump camp campaign aide talking to somebody down in an arena where they were counting votes on election night and telling them to start a riot. now that allegation in sort of vague terms was in the indictment, but now we have a direct quote to back it up. so it's that kind of particularity. but i do think that the overall just this argument is

give us your analysis of jack smith's latest document. this brief, did any of this new evidence that is contained their surprise, you lot of new details that are really eye-popping, but the supreme court in the trump defense basically invited the submission of this document because what the roberts court did to try to placate trump was to say well, the president is essentially immune, immune no, i used for official acts are presumptively immunized for official acts, but not for private unofficial acts. >> and what this document does is to go through step by step by step through every chapter of this assault on american democracy to show how donald trump was not acting in an official capacity to take care that the laws are faithfully executed, but rather acting like at very best, a private candidate. and really like an outlaw, like a tyrant, attacking the constitutional system and it every point he engaged in what jack smith describes his deceit, fraud against the system, lying about the facts, lying about the law and lying in a way that h

, it's actually a story that i think jack tells better. but the first part, you know, you can pick it up from there. so when i had that conversation with john and schuster about wanting to do a non fiction series, i also told them, i wanted to make sure that it wasn't just me reading a bunch of books on the middle east and terrorism regurgitating that and then giving some sort of analysis. but a pop history, i didn't want that. i wanted an actual work of history that with primary sources and i wanted to work with someone who actually knew what they're doing in this space. and there was only one person i wanted to work with, james scott, but i didn't know anything about him. which sounds strange today because there's so many ways to find out about people, but i knew nothing about him other than his work. and, but i should have watched a youtube video or something because i mean, who knows? he might have been a total crazy person. i had no idea. but i told my publisher an agent that i, do. you want to work with this guy? and they said, ok, w

jack smith violated court doj policies and principles. so who can throw the book at jack smith? aileen cannon said he's got no legal standing because his entire office is unconstitutional. >> correct. but the whole point is they, the biden-harris administration is using the legal system, a continuation of the lawfare against trump. they're using the legal system with the thinnest of heel veneer as a political weapon against donald trump. but also a, liz, you have to understand this is also them viewing an -- elizabeth: let's stay on this, hang on -- >> donald trump as an existential threat. elizabeth: well, can you sue, what about suing to to stop jack smith? i mean, honig also wrote that judge chutkan is i trying to have it both ways too. she claims not to care about the coming election despite her earlier effort toss fast track this case before the election. she gotchastized by the supreme court. so, you know, when you see what's going on, how do you stop it? >> first of all, i think how you stop it is going to be a massive rebuke to this behavior on november 5th. that's ultim

that and and the word spread that jack and i were talking to folks. we wanted to hear from people and whatnot. and so, you know, no sooner did we talk to somebody than, you know, you'd get a text message. talk to my buddy so-and-so. he's waiting on your call. then, you know, word spread, they're looking for diaries. they're looking for letters. we were at the 40th anniversary last year, jack, the keynote speech there. and it was we literally had a draft of the manuscript done at that point afterwards. all these guys came up and they're like, i want to be interviewed. i've got my letters, i've got my diary. so here we were back to the races, just kind of trying to shoehorn more information back into the book because, you know, we really wanted to get as of those personal stories from the men who were there into this book as possible. i mean, this is their story. it's not ours. it's their. and so so we're going to dive into book, but i want to give a quick shout out into all their stories. thanks to these two gentlemen, our veterans day speaker is one o

what is new in jack smith latest court filing? the latest account provides striking new details about trump's state of mind in the lead up to the capital riot. the effort comes after the supreme court's controversial and criticized ruling in july which expanded presidential immunity. smith is pulling out all the stops this time to convince the courts that the case against trump should proceed despite the conservative led supreme court's new immunity test jack smith main goal of the motion is to show that trump's actions, as he tried to overturn election results, were those of a private person and not those of a present carrying out official duties. smith draws a critical distinction between whether trump was acting as president or as political candidate. the motion point the new testimony from a secret service agent who said trump's securityc detail on january 6th, quote, was not getting information about the rally from their counterparts at the white house. it was noticed after the event. this was a campaign driven event. the mot

all judge chutkan -- it was her decision, as ken said, not jack smith.was judge chutkan's decision to unseal this document. all she was doing was following the law and treating donald trump like any other criminal defendant. >> tim, let's talk about the real nut of this, which is new revelations about mike pence. mike pence did not testify. he refused to testify to the january 6 committee that you worked on. now we have his sworn testimony to a grand jury and notes. if true, it's devastaing if it can be introduced in a trial. this will go to the supreme court again. there's an argument over whether there's any instance where a president and vice president are acting in an unprofessional -- unofficial role. >> it's meat on the bones that the select committee put in place. we told the story, this narrative of an intentional multi-part plan led by the former president to disrupt the joint session and prevent the transfer of power. the pleading puts an important new meat on those bones. we didn't talk to the vice president. he refused to speak with the commi

that's why with jack's -- jack smith did explain to the american people with the detail that andrew mentionedt it. it's a now that we are navigating. thank you both. we appreciate you joining me. >>> a conversation with pete buttigieg after a busy week for him. first, trump and his allies find in a role. lying about the hurricane response to demonize migrants. i've got thoughts about that and actual facts when we come back. come back digestiv system moving so you can feel lighter and more energetic. metamucil keeps you movin'. and try fizzing fiber plus vitamins. >> donald trump has built his entire political career off the fear that comes from demonizing the other. he spread the racist lot about the first black president, barack obama and announces 2016 campaign by claiming mexico was sending criminals and into the country. that kind of crazy, offensive frederick is not new to american politics. donald trump has taken it further. whipping his supporters into a perpetual state of hysteria. warping immigration should be on any kind commonsense discussion with rhetoric like this. >> we are pois

jack smith's investigation to former president trump. and the debate over whether they should be put out so close to the election. >> i have been investigated more than alphonse capone. i say it. >> we are getting a new look at documents and former president trump's federal election interference case. the judge rejecting the trump team's request to delay releasing special counsel jack smith's files until after the election. writing quote it is in fact defendants? requested relief that risks undermining the public interest. of the court withheld information the public otherwise had right to access solely because of the potential political consequences of releasing it, that withholding could itself constitute or appear to be election interference. the court will therefore continue to keep political considerations out of its decision-making process rather than incorporating them as defendant request. former federal prosecutor andy mccarthy standing by. first to the national correspondent griff jenkins live for us today in washington. aftern