i'm giving jack smith the right to file a brief up to 180 pages. and jim, i think we're going to see all sorts of new and very interesting evidence attached to jack smith's filing when it comes in on thursday trump's team, as you note argued, it would be unfair politically. how to judge chutkin answer that argument she rejected that argument out of hand essentially, donald trump's team was arguing doj is violating its own policy, its own policy that you don't take steps to close to an election that might influence that election. >> and judge chutkan's response essentially is, why is that my concern? i am here as a judge. i'm part of the judicial branch, doj is over there in the executive branch. i don't make their policy for them. i'm not responsible for enforcing it, so she rejected that argument is part of the reason why she came out the way she did now, the judge, of course, noted the supreme court's immunity ruling in this decision, given it's a fact i mean, it was certainly affected jack smith's filing here tell us how exactly she referenced t

jack smith is appealing the decision to the 11th circuit court of appeals.they have ruled repeatedly over the years that the appointment of special councils is constitutional. that means that judge chutkin is bound by the rulings of the appeals court in her jurisdiction. but she has no choice but to rule that jack smith's appointment is unconstitutional. and nothing that clarence thomas or aileen cannon has written seems to impress her. trump's criminal defense lawyer told the judge justice thomas wrote a very persuasive concurrence that the special council does not have the authority and another judge wrote a decision dismissing the special council's case on appointments clause, basis and appropriations and it is a critical issue that has to be decided by the court in light of justice thomas' issue and what the judge decided in the southern district of florida. it seemed the judge could not quite believe what she was hearing. she repeated to trump's lawyer what he was asking for which made it sound all the more preposterous. the judge, you want to file this

i think that's what jack smith did. so i want to see is judge chutkan still skeptical of it or is her point of view more along the lines of well, now that we have this slimmed-down indictment, we should be in good shape or is she of the point of view of this indictment still needs to be trimmed down even further. that's a key thing to watch for an interesting, all right, everyone stay with us. >> justin we'll have more on this very key hearing in donald trump's federal election interference case stay with us. you're in the cnn newsroom kamala harris, donald trump, the debate. everyone's been waiting for follows cnn for complete coverage and exclusive pre and post-debate analysis. a cnn special event, the abc news presidential debate tuesday at nine eastern on cnn and streaming on max. >> i think really going to spend all day streaming college football on directv. can you blame them? they've got the biggest rivalries and bowl games speaking up, frank, run a slant to the bolded chips. >> bobby, one hook to the salsa what

for jack smith to say you have it, let's get started, i think she will absolutely be no nonsense. look to get this on track quickly. >> there was this ceding indictment. how strong is this case after the supreme court's decision? >> it's plenty strong. i think that the main allegation that's been removed was trump's alleged efforts to abuse the justice department as part of this whole plot. personally as a former doj employee, i found that the most egregious of the charges. it doesn't diminish what's left, which is pressuring state legislators, fake slates of elector, and exploiting the chaos at the capitol to pressure members of congress to block certification. all of that remains in the case. i also think it's noteworthy that some of the language changed to reflect a different supreme court case. where the supreme court said to obstruct a proceeding, it must involve documents. so it points out it's all about the documents. it's about the slates of electors, the balance that are kept in the big box that was carefully safeguarded by staffers during the chaos at the capitol. so the

now, jack smith in the joint filing status report that they filed last week, jack smith didn't offer any definitive recommendations as far as timing goes, as far as what he wants to see, this timeline look like going forward, but he did indicate that he wants to move this case along. he wants to have a judge judge chutkan consider the issue of presidential immunity while also dealing with a variety of other issues trump's legal team is going to raise. now, trump's legal team is saying a basically the exact opposite. we said they want to deal with a different issue. jack smith's alleged illegal appointment first before getting into presidential immunity, really separating these issues into a more extended trial timeline that they say could go all the way to fall 2025. so ultimately it's going to be up to judge chutkan to determine what the schedule looks like going forward jack smith has he said that he's ready to brief on the issue of presidential immunity at her convenience and at her request tomorrow though, is the first time the two sides are going to sit in front of a judge and t

and jack smith has been deemed to proceed. and she's like, i appreciate that, but it doesn't move the needle for me. i'm more focused on whether or not the immunity can be dealt with in an expeditious manner. and she's telling the lawyer for trump, i don't care if there's a presidential election. this case has to move forward. it's been on the back burner for a year and some change and we need to have some speed. you have to appreciate the reality that's going on here, she made it clear at the beginning of this case with donald trump she was going to treat him like any other defendant. no special dispensation, no favors, and making it clear because of an election that doesn't require her to be worried about that. she has a mission and job, and that's what she's going to do. >> maya, if you would describe to us that aren't so seemed in the legal world, the whole issue of what you were talking about, the historic nature, right, of what this case is looking at. and i just wonder when you talk about immunity and not immunity, the

i think today went well for jack smith, but he's still up against it when it comes to this case, writ large. now, a couple of things i think look like they went well for jack smith and i will find out soon when the judge issues his ruling. first of all, the judge seemed to have no interest in donald trump's proposed timeline, which would just take forever. donald trump didn't even want to address the immunity you know, the argument until after the election, judge chutkin seemed to have no interest in that. second of all, it seems like the judge is going to allow prosecutors probably sometime soon, probably before the election to submit evidence. grand jury transcripts, fbi, what we call three o2s, which are written statements, things that wouldn't already be in the public sector. so that can help prosecutors to play but some damaging information about donald trump out there before the election, which of course trump's team doesn't like, but big picture, there's a huge burden for jack smith here in terms of immunity, this is going to get appealed possibly backup to the supreme court. t

and she granted jack smith permission to file the oversized brief, so this brief, according to jack smith, is going to be 180 pages plus an appendix. so heaven knows how long this will be. it is unusual to ask for an oversized brief, and here we're going to see a very oversized brief. >> we certainly are and looking ahead, if a judge deems a communications between trump and pence to be quote, official acts and therefore, immune to prosecution has laid out by the supreme court, would that make the case dead on arrival or is there still enough meat on the bones without that, you think? >> so if judge chutkan decides that the conversations between donald trump and mike pence, donald trump's pressure campaign, trying to get mike pence to throw out the electoral votes if she decides that that's immune. and therefore, out of the case, there's a very fair question that you raised, which is is there even enough left for this indictment to proceed? it may be that if you polled glad out of the indictment, there's just not enough left for it to stand on and it may get dismissed. also important to no

but what the parties are gonna do, jack smith's team will be there, trump's lawyers will be there. they have to figure out what did they do now? how do they now take jack smith's new shrunk and down indictment and go through the process of arguing what can stay in it and what should come out because trump's team to be clear, they're happy with the reduced indictment, but they're not satisfy their position is not okay. fine. let's go to trial. their position is all of this is immune, all of this indictment has to go away. and now have to figure out how we're going to go through this and decide what's in and what's out, judge chutkan ultimately has to make the call there much more tomorrow as this happens, elie honig. thank you so much. all right, jon. thanks, sarah. >> all right. new cnn poll shows a tight race between donald trump and kamala harris. we have new reporting on it now trump's campaign is planning to move forward and if mosquitoes have been bugging you this summer, which is likely to have happened, dr. sanjay gupta is angeles during your questions on how to stay safe, k

tonight, the chaos that broke out today in the first court hearing for special council jack smith 2020 case against trump and this is the supreme court backed presidential immunity for trump and we've got why the judge warns this case will be delayed. coming up, harvard law professor allen dershowitz here and biden wants them to pay their fair share and hunter biden today can do that and criminal tax i vagues case and -- tax evasion case and criminal trial started and details of what made the case stranger with an odd ball plea deal from hunter biden. and another one. gop senator takes that on and this is a case of biden family corruption and never impeachment probe on that and plus, reporters in the crucial swing state of pennsylvania says that harris campaign is blocking them from questioning her vp candidate tim walz. why are they doing that in pennsylvania? we've got the details and the biden press department doing the press conferences on russia election interference charges and nothing on chinese spies cozying up to democrat politicians or things like iran threatening to assassin

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and by correct evidence if jack smith can bring it forward. data signals to me that jack smith. while he got rid of the stuff that was going to be out. it is still feeling ambitious about anything that is a gray area. he still wants to move forward with those mike pence allegations. so he is feeling confident enough and wisely got rid of the stuff that nothing in the world could have kept in the indictment. >> let me ask you about the new york civil fraud case. former president donald trump tried to say that there were no victims in this crime. that it is barred by the statute of limitations. they even go as far as there was no evidence of intent to defraud. to debunk that argument for us and why it does not hold any water. >> is the common argument among white-collar criminals. in defense people will tell you that clients will often say nobody was hurt by what i did. or everybody got their money. that is not the way to think about federal criminal statutes. for example if i lie to a bank in order to obtain a loan at a favorable rate. even if i repay the loan back. i have expose

and so there jack smith was arguing owner know, he's there as the vice president. and so i do think that this kind of shift will then raise all sorts of other litigations. so ultimately, it's a mess. >> she didn't say this is going to appeal no matter what they're wearing, where it is going back. in. and of course, there was a part of an opinion written by justice clarence it's thomas that entering the equation about even making arguments about whether jack smith should even be where he is xi again, did not submit muse by this, but then there's the other case in manhattan tomorrow is friday. and we're told that judge marshawn is saying that he will decide tomorrow whether to delay sentencing in that hush money conviction pretty four counts. what is the likely outcome of his decision on that schedule i think it's likely that he does delay it until after the election. >> i'm not sure how that works out for president trump, whether that's better for him or worse for him, because i think at least right now, he can say there's the threat that i will be the president of

jack smith says the comprehensive brief is necessary for the judge to determine how the supreme courtpplies to the case. donald trump's lawyers tried to prevent that 180 page brief from being filed. it is due on thursday of this week at 5:00 p.m. by arguing that the brief itself would be prejudicial to their client. judge chutkin rejected the trump argument saying first he protests that the government aims to proffer their unbiased views to the court and the public as if they are conclusive but allowing a brief from the government is not contrary to law procedure and custom as the defendant claims. citing no authority. it is similar blue jays how litigation works involved official acts and receives immunity. they will be allowed to offer evidence that is helpful to donald trump if they have it. the judge said a party's factual proffer does not establish anything. it provides evidence for the judicial fact finder to consider. the trump lawyers also told the judge quote it is incredibly unfair in the sense they are able to put in the public record in this sensitive time in our nation's

that's the agenda jack smith has.re is absolutely no reason for this to be done before the election. and you can see what they do is put in long speaking indictments, which this one is and shouldn't have been done now either. use them for yard sail signs. prosecutor vs. felon for bogus case in new york where even judge merchan, trump hating judge put the case off until after election day. talk about informal 60 day policy. people argue whether it applies or not. it's much more than that the department of justice manual expressly prohibits. this it says in section 9:85-500. federal prosecutors and agent may never select the timing of any action, including investigative steps, criminal charges or statements for the purpose of effecting any election or giving any advantage or disadvantage and any issue that raises even the perception of that has to be gone by the public integrity section. well, you know who is on jack smith's team the head of the public integrity section j.p. and mollie who i have a motion pending agains

on this whole issue about the appointment of jack smith. she could have said he had an opportunity to file this a year ago. i had a date for all motions being filed. it is not true that you couldn't have filed this because of a d.c. case. if you're trying to preserve the issue and she said i'm going to let you do it. she is like i'm not going to preclude it. i am willing to hear it so that you can preserve the issue. she did not have to do that. poor people thinking she has it in for trump and the lawyers that is really a judge that is refreshing who was being fair. who was treating this defendant like anyone else and showing her initial temperament. i have to say that it is refreshing to see. >> the prosecution team on that kind of let up. they could have said we insisted the deadline for that has passed. they could have done it and didn't do it, but they went along with the judge relaxing and. let him bring it in and you could see pretty clearly. i do not feel there is a thought of suspense and how she is going to rule on the constitution

that same special prosecutor jack smith will get a second chance even before the election.the end of september , the prosecution must present some damning revelations that concern. donald trump's pressure on his vice president mike pence, on the eve of the events of january 6. valentin bogdanov, ivan udkin and evgeny samsonov, news from new york. in irish history teacher arrested for refusing to tell pupils about puberty blockers . he was arrested right outside the school. it's surgery , it's mutilation. it's. mutilation, i have a right to work here, i have a right to be here and not tell students that they have to take puberty blockers. enagh burke, who insists there are only two sexes, male and female, has been jailed for the third time for refusing to promote transgenderism. he is behind bars in total difficulties spent more than a year. the movement against involving children in the fashion of gender reassignment is gaining momentum in the usa. following elon musk, who declared war on the so-called culture of awakening, with criticism of minors' trans transitions, the m

what we know from the filing by jack smith is that the brief has some quotes from the appendix material, and that is likely to be unsealed, i would say you would have to wait for what donald trump is going to say that that is teed up to be first decided. >> what will that tell us? >> that'll be a lot of legal stuff which we are all going to be about like okay, that's interesting, but it's really going to be the parts where it

and since special counsel jack smith filed a revised indictment, cnn chief legal affairs correspondent paula reid is outside the courthouse in washington, dc. nice to see you, paula, walk us through how this will play out. >> good morning, john. while today's hearing is all about how to move forward in this case. after the supreme court really limited with special counsel can charge former president trump with and what evidence they can use in this case. now, in speaking with sources familiar with the trump team legal strategy they believe that a win today is just pushing anything of substance back until after the election. what the special counsel has not agreed to that, but they also so have not proposed their own timelines. so today, during this hearing, there are no cameras in federal court. former president trump is not here is not required to be, but i'll tell you they what's going to happen, judge. tanya chutkan, the judge overseeing this case. she is going to come in with a plan. she will have read everything that has been submitted. i've been in court with her in this case bef

he doesn't want to see any filings by jack smith before the election.is basically, you know, you can file after the election and even after the inauguration. he really wants to see things put off. i don't think that is where judge tanya chutkan is going to go. she's been waiting eight months for this case to be sent back to her. this is a routine scheduling matter. the supreme court has said she needs to deal with this. i see her setting that schedule. and, what jack smith proposed, which is you got a brief, i could see her saying file that and given donald trump time to file his response and then, if necessary to have a hearing, after she sees the papers, she can schedule it. she's going to want to see the briefs from both sides, standard procedure in any case and i think that just shows you they are treating donald trump like any litigant. >> andrew weissman, thank you so much for joining us once again. >>> president biden was also in pennsylvania to campaign for pennsylvania's senior senator, bob casey, who is running for reelection. senator bob case

we've got breaking news on jack smith's election interference case against donald trump.kan just decided. >>> plus, what questions donald trump is avoiding about the details of his economic plan. details of his economic plan vern idle cash. they would descend into chaos. this is clem. clem's not a morning person. or a night person. or a...people person. but he is an "i can solve this in 4 different ways" person. and that person... is impossible to replace. you need clem. clem needs benefits. work with principal so we can help you help clem with a retirement and benefits plan that's right for him. let our expertise round out yours. remember when they said you've got your whole life ahead of you? at unitedhealthcare, we say you still do. ♪♪ ♪♪ ♪♪ ♪♪ it's nice to know you're free to focus on what matters, with reliable medicare coverage from unitedhealthcare. ♪♪ ♪♪ some things stand the test of time, like a family car. the hartford has been insuring experienced drivers for generations. many who switch to the aarp auto insurance program from the hartford. saved an average of

you said in there this should be taken as a sign jack smith is just getting started. do you think we should expect going forward following this immunity decision? >> right. so it's clear from the superseding indictment that smith understands what the assignment is here and that's to hone the indictment down so that it complies with the supreme court's directive that he can only charge donald trump with non-official conduct or perhaps with official conduct if he can overcome the presumption that charging official conduct would be damaging to the office of the presidency. that means there are a lot of finely tuned decisions that judge chutkan will have to make about which charges can go forward and what evidence the special counsel is entitled to use to prove them. that's the process that we'll see under way here. and i would hazard a guess that judge chutkan will not believe that it will need the attenuated time scheduling that donald trump's lawyers have proposed. >> now, joyce, we can anticipate a significant amount of back and forth between donald trump's attorneys a

might jack smith have a new witness? perhaps a cooperating co-defendant from the trump camp?ainly possible, because there are people who have pled guilty in some of the state cases. i think we already know the contours of this case. judge chutkan really put it best. when they tried to say this was about the presidency, she said, no, this is a case about the four charges in this case. her job right now is to take the supreme court's decision that expanded the contours of presidential immunity beyond what we knew and decide what evidence can still be heard at trial. >> it's such important points. we appreciate you all. >>> right now in new york city, former president trump is giving a speech to the economic club of new york where he is expected to call for a lower corporate tax rate and population -- ecuse me, regulation cuts. this is the most important economic audience. it's all of wall street and banking in the world, really. it's a good chance for him to try to persuade them. a lot of them back him, whatever his politics. they like his economic policies. we will bring you a

on that, it appears that jack smith and his team are likely to win. as soon as three weeks from today, they could be submitting a brief that defends their superseding indictment as compliant with the supreme court's immunity decision and also tells judge chutkan all of the evidence that they're relying upon, both for the indictment itself and perhaps that they'd rely upon at trial or did rely upon at the grand jury. they are willing to do that at this point, lay all their cards on the table, because their number one objective, as compared to the trump people, is to have only one appeal of these issues before a trial date can be set, chris. >> all right. this is a lot of complicated legal stuff, right? this is not guilty or innocent. this is not the details of the case. let's make sure we understand what judge chutkan is talking about here. she knows this is going to end up probably before the supreme court. this trial is not going to start in the next two months before the election. let's start there. but she wants to figure out first and foremost, co

a two-point question any evidence kamala harris is pushing this and could jack smith strategy succeeddence of a connection to vice president harris but i do think this is vintage jack smith. many of us expected the he would pare down this indictment. he really didn't. this is the ultimate sort of larger package saying -- same content type of problem that is the forcing counts including counts involving vice president which are presumptively barred an official acts. also there's another case called fischer which really challenges the use of obstruction of legal proceedings. he kept those and so he's always played it up to the line and it's gotten him in trouble in the past. >> is the violating the oj practice and you say there's no rule about bringing a re-indictment or an existing one in the final six days. >> he made it clear earlier he didn't feel he was bound by that and some of the people will litigate all the way up to inauguration day. it's hard to enforce that policy. >> is donald trump justified in attacking jack smith and wouldn't any prosecutor tried to salvage the case? in

heels of the new trump indictment this morning, some allies of the former president are hoping jack smith's court filing can actually help get them off the hook. >> and a former top aide for two new york governor's charged with acting as a secret agent for the chinese government. but luxurious benefits prosecutors say she received how she got caught on your side, with john berman and kate bolduan. this is cnn new central and breaking this morning brand new cnn polling from six battleground states on the race for president, pennsylvania, wisconsin, michigan, arizona, and nevada, and georgia, three weeks. >> three is tight as a tick six days from the high-stakes debate. sixth the two days till election day. so let's get right to cnn political director david chalian is with us the top lines this morning, david good morning, john. and yet just two days from ballots going out in north carolina for people to begin voting, but take a look at our snapshot of those six states, six battleground states. and what you see here, you mentioned there were a few states where there are slight leads in wiscon

jack smith filed the same four charges to save face. why? besides the immunity case, the supreme court ruled, and i will submit to you as a lawyer, those obstruction charges are history. they are toast. when that charge is challenged by the trump team, they're going to find out the case will fall apart. the good news for trump is that case will not see daylight before the election. it is just a status conference. dates will be referenced but nothing will happen for the case. >> harris: perhaps more expediently politically for the kamala harris side of the room, it would not happen before the debate that is scheduled for next tuesday. >> absolutely. i'll tell you right now, every time the democrats or jack smith try to go after trump in court, it backfires. the american people understand that the legal system against trump is stacked solely against him because he is running for president. it has no effect on him whatsoever on his campaign. >> harris: september 18th, the sentencing in the fraud trial against trump. where do you put that? >> i'

case in the jack smith case. donald trump saying something we don't often hear him say, meaning i lost. here he is. >> i became president, then the second time, i got millions more votes, than i got the first time. i was told if i got 63 million, which is what i got the first time, you would win. you can't not win. and i got millions more votes than that, and lost by a whisker. >> lost by a whisker. can that be used against him in court? >> it could, but what his lawyers will say, he believes that now, but at the time, when he was indicted and what they're accused him of, he didn't believe that. but clearly, if i'm the special counsel, every word that comes out of his mouth, that is incriminaing like that, that is useful. >> it might be helpful to the 1600 odd people who spent time in prison because of him maybe to know that he lost. if he's going to admit it now, it amight have been helpful to their cases before they committed federal cases. if i'm one of their lawyers do i sue that guy? >> they could try becaus

we turned back to important legal update as jack smith wants to release new and additional evidence ofto do it. we have that report, next. citi's industry leading global payments solutions help their clients move money around the world seamlessly in over 180 countries... and help a partner like the world food programme as they provide more than food to people in need. together, citi and the world food programme empower families across the globe. ♪♪ detect this: living with hiv, robert learned he can stay undetectable with fewer medicines. that's why he switched to dovato. dovato is a complete hiv treatment for some adults. no other complete hiv pill uses fewer medicines to help keep you undetectable than dovato. detect this: marnina learned that most hiv pills contain 3 or 4 medicines. dovato is as effective with just 2. if you have hepatitis b, don't stop dovato without talking to your doctor. don't take dovato if you're allergic to its ingredients or taking dofetilide. this can cause serious or life-threatening side effects. if you have a rash or allergic reaction symptoms, stop dova

so those acts, jack smith tries to portray as acts of a candidate, rather than acts of a president. if he can convince judge chutkan, and if he can convince a couple of conservative justices to agree with him on that point, then he can go ahead. >> so what's next. >> what's next is waiting to see what she says and how quickly she can resolve this question. the speed is important. as much as she says this is not about the presidency, the presidential election is looming. >> is this going to happen before the election? >> possibly. i mean, it seems really unlikely. if she streamlines it, it's possible. >> we'll see. >> yeah, we'll see. >> thank you very much. >>> and what got liz cheney to take a big step in not just campaigning against donald trump but endorsing kamala harris, and what she's telling other on-the-fence republicans that they cannot do if they don't want to vote for donald trump. >>> also, what hunter biden did today that threw everything up in the air in his federal tax case. why that case is now being delayed when it was supposed to go to trial today. don't go anywher

coming up, tonight, donald trump is afraid, very afraid of what is in special prosecutor jack smith's 180 page brief that will be filed on thursday. andrew weissmann and melissa murray join us next. with fasenra, an add-on treatment for eosinophilic asthma that is taken once every 8 weeks. fasenra is not for sudden breathing problems or other eosinophilic conditions. allergic reactions may occur. don't stop your asthma treatments without talking with your doctor. tell your doctor if your asthma worsens. headache and sore throat may occur. tell your doctor if you have a parasitic infection. step back out there with fasenra. ask your doctor if it's right for you. ♪ music ♪ ♪ unnecessary action hero! ♪ step back out there with fasenra. ♪ unnecessary. ♪ was that necessary? no. neither is missing your daughter's competition to do payroll. with paycom, employees do their own payroll so you don't have to miss your daughter's big day. time to shine. get paycom and make the unnecessary unnecessary. thursday night football on prime. it's on. ready to have some fun? yeah, let's do it. the dallas

there are some other minor adjustments, but essentially this is jack smith's effort to slim down his own case to enable it to go forward as for why today, this this is a piece of paper that a defendant like donald trump files so that he doesn't have to physically appear in court on thursday. he essentially, he says, i've been i've authorized my attorneys to enter a not guilty plea for me when they're in court on thursday. >> and bill, are you surprised that mr. trump does not plan to be there in person as he has for other legal skirmishes. >> no, jake, i'm not because you know, the timing now, it's post labor day, you know, it's game on for the campaign for the presidency. and it really is not uncommon to wave a defendant's appearance and an arraignment, but as elie in case kaitlan said, it's an important step in the proceeding because well, one the arraignment happens in that plea is entered it starts clock's ticking. you know, there's a typical 70 days until trial rule, but that often gets changed when it's a complex case or, you know, there's a need for a continuance on either or

and even jack smith, we haven't seen him in a courtroom for some time. he was there today. is beard is a lot longer than the last time i remember seeing him. judge, check-in her hair. it's lighter and even at the beginning of this proceeding, she said, everybody looks rested and there was laughter across the courtroom what she did he did underscore what we all know about judge chart gun. >> she is tough. she is very, very smart and she does not want any really i'm serious business to emerge during the course of this, during the course of this trial, caitlin paul, excellent work as usual. thank you very, very much. i want to turn to some other important news. these were following right now, developing story a community is shattered and grieving today and questions are mounting after yet another senseless school shooting here in the united states this time in georgia four people were killed at the epa light cheap high school in the city of winder including two teachers and to 14 students we're learning that law enforcement last year question the actual assault suspect, a 14-y

what's going to happen with acharya jack smith trying to redeem his cases which have fallen apart. he has carved out certain elements of it because the supreme court said president is immune from official duties not president trump in particular, a president is immune from actions taken as official duties. so what are you learning from this case and what you think is going to happen now? is a going to go forward? >> much like you said about economic policies at the gets important and it looked to speak about this so think you're asking that the american understand -- and mark and people understand what happen. this up reports at official acts of any president not president trump, biden or obama, anybody. if their official acts done while within office they are not to be prosecuted. you can't go into the white house afraid of being criminally sued for you asked doing what you think is best in that moment. so we have a couple thanks waiting, the hush money we're dealing with that garbage case and a judge that's been incredible he difficult. and with jack smith what's happened is he f

jack smith is barreling forward on that case.hat coup evidence and indictment. that would include grand jury testimony, interviews with chief witnesses in the case, top white house officials, and even former vice president pence. we covered earlier in the hour how democrats have made an issue of pence and truch not being on great terms. well, this goes into things we might not even know about what pence told federal investigators about what trump did and asked him to do leading up to jan 6. smith argues this is in public interest. he filed a new indictment that narrowed charges. trump is no longer charged with the doj interference plank of those plots. that is because jack smith reading the supreme court ruling thinks that the court would find that the kind of official act that you can no longer prosecute a former president for. but a bunch of other stuff, jack smith thinks it's fair game. donald trump's team has the means and ability to fight against the release of this information. they previously claimed that even discussing t

grown on our farm, enjoyed at your table. (♪♪) . >>> last week special counsel jack smith brought his election interference case back to life in the wake of the immunity decision. it means smith could be listening quite closely to new comments from trump this weekend on fox news where he defended his actions on january 6th. >> whoever heard you get indicted for interfering with a presidential election where you have every right to do it. you get indicted and your poll numbers go up. when people get indicted your poll numbers go down. it's such nonsense. >> joining us now, msnbc legal analyst barbara mcquade. barbara, when you hear him say he had every right to do it, i mean, what is jack smith hearing when he hears trump saying that? >> he's hearing a confession. he's admitting that he did interfere with the election. of course the question is the legality of that. but it reminds me of the "access hollywood" statement, when he said when you're a star, they let you do it. it's not the case that a president may interfere with an election. what we see is jack smith follow the directive o

here's bad news, with respect to the appendix, the jack smith filing said they had sought to keep notn the appendix. so what will be key, the thing i'm keeping my eye on is the quote that might be in the legal brief, the first thing. and that, we may see relatively soon. >> we need to see the appendix. we really do. we need the appendix, kristi. when the thing gets unsealed, can we talk about eric adams? you come from the southern district of new york. would they bring an indictment like this without evidence and i want to be clear, i read the indictment, so i just don't understand from a communications perspective, to see the mayor giving a press conference that morning. the indictment had been unsealed by then. i didn't understand it but you tell me what's going on. >> the southern district of new york is not going to prosecute the mayor of new york without rocksolid evidence. there were 57 pages where you see messages between mayor adams and you know, new york city fire department officials, hey, get that building open, even though it's a safety hazard, get it open and a few minute

jack smith has both of those. at the same time, the decks seem to have been cleared now for just a real battle over policy between now and november, with the centerpiece of that happening next tuesday with this very first meeting on the debate stage between donald trump and kamala harris. but she still gets to say he is a convicted felon. >> and a former federal prosecutor, that's a line they've been setting up the whole time. she's the one who enforces the law and he's the one who breaks the law. but he's not going have to be stuck in a courtroom and facing a sentence before you get to november 5th. as we talked about, early ballots are starting to trickle out. early voting is starting. >> john: although they delayed it in north carolina. that was supposed to happen today. >> that's another legal battle going on as rfk jr. is trying to get himself off that ballot now. he's not going to be dragged to sitting in a courtroom. of all these trials he's had to go through this one and he said e. jean carroll, but the on

they could separate parts of the case as jack smith has done in the federal stays case. they are going to argue enough of a case prosecutors that it can survive that scrutiny of the supreme court decision. if that happens, expect the trump team to immediately a appeal that decision. i would expect that appellate court to take that jurisdiction away from judge merchan and maybe he doesn't ghetto make that decision on the week of thanksgiving about sentencing. >> bret: for those following at home without a whiteboard of all the legal cases, that essentially clears the deck through the election, does it not? >> shannon: it does. almost nothing that can possibly get to trial before 2025 or to a sentencing decision before the election. you know, we heard judge chutkan in the federal january 6th case here, case against president trump in the courtroom yesterday saying hey, listen, the elections calendar that's not my problem, not my purview, pushing most things into 2025. jack smith could be making up arguments setting up proof he says of the president's wrongdoing. so that co

the attorney general garland was asked about jack smith in the process yesterday. watch. >> i stand by the actions of the special counsel. the superseding indictment is an effort to respond to the direct instructions of the supreme court as to how to have a new indictment in an ongoing case. >> it's notable for those criticized jack smith over the past two years he is leaving it up to the judge not pushing to get it done before the election and leaving it in the judge's hands. it is up to her and we should know where we go from here. >> bill: she will make that decision today? >> she just said likely that she will have a scheduling order today which would lay out the next few months. i'm not sure if we have an actual trial date today but she did say she would put out a written order we're being told of where she wants to move forward with this. we're already in september. it will be hard and the trump team doesn't seem like they are worried about a trial before november. >> bill: want to get back to trey gowdy. what does she decide stays in or is tossed out based o

the judge has ruled there will be a series of different hearings and jack smith has indicated in his opening brief that he has never before seen evidence that will appear in this brief. does judge chutkan have anything going into this case? >> i do not think she has any legal obligation and she is keeping her options open because she was to see what that is before she makes a decision. so she will look at the evidence. it may simply be in the same character but with different sources that we have already seen publicly in the january 6th series. maybe now we have evidence that came off of cell phones and text messages and the like. i think it is unlikely that it would be sealed. it is likely something very prejudicial that is somehow salacious. i think that is the kind of thing she might be reserving judgment for not to smear donald trump on the eve of the election. >> in that hearing last week and in judge chutkan's courtroom, there was a really stunning moment for trump's legal counsel noted they would be challenging the appointment of jack smith a special counsel and they noted the

supreme court had its immunity ruling and special counsel jack smith's revised indictment. both sides present their cases for a start date for the trial and the timing is really critical, 61 days until november's election day. smith did not push for the trial to begin before then but leaving the decision up to the judge. early notes from our team inside the courtroom, the judge said the court is not concerned about the electoral schedule and it is not something she is going to consider. critics are calling all the legal action against the former president politically motivated lawfare and a clear case of election interference. attorney leo terrell who was with me yesterday. >> every time the democrats or jack smith tries to go after trump in court it backfires. the american people understand that the legal system against trump is solely against him because he is running for president. >> harris: your reaction to that, phil. >> i think leo is exactly right. there is no way that this judge is going to get a trial in before the election. it is just not possible. there is going

it we have a lot coming up a quick break in the buffer against donald trump pushing forward as jack smith is about to file a 180 page brief on presidential immunity before the november election. we have all the details, markets lower after the dow and s&p 500 finish in uncharted territory highlighting the inflation risks on rate cuts the data on 17 and the nasdaq 1039, research director kindley is here with an outlet you're watching "mornings with maria" live on fox business. we'll be right back. daughter: (gasps) what the?! daughter: alright. dad: side to side. when you work with someone who knows a lot and cares even more... you can do this. ...you're unstoppable. (♪) wow... are you kidding me? you can do this. at truist, we believe the same is true for banking. if you have wet amd, you never want to lose sight of the things you love. some things should stand the test of time. long-lasting eylea hd could significantly improve your vision. more people on eylea hd had no fluid in the retina, compared to those on eylea at 4 months. eylea hd is the only wet amd therapy that helped 8 out of

now i won't surprise you to learn that there are still significant disagreements between jack smith'seam and donald trump's lawyers on how this case should proceed. and specifically how the timeline should look going forward. jack smith has not offered any firm dates as far as scheduling goes, but he has provided a scheduling narrative or at least a rough timeline that would be more more quickly resolved, then the one that i'll trump is proposing there's a job top is proposing a timeline that could stretch into fall 2025. so ultimately, both sides, while have their chance to make their case before judge chutkan. this week, and it will be ultimately her decision as to how this case moves forward. and when ultimately it could be resolved. >> can you give us some sense of what the sort of key differences are between the original indictment and this current indictment yes, there are the new indictment really does go out of its way to conform to the u.s. >> supreme court's ruling on presidential immunity by casting donald trump as the candidate rather than the former president. that's real

have changed in shockingly bad ways since then on the republican side and the special prosecutor jack smith is appealing a ruling by the donald trump appointed judge, judge cannon in which judge cannon dismissed all criminal charges for donald trump for illegal possession of ossified documents and a judge just threw that case out and threw it out of court and jack smith is now appealing that decision to a federal appeals court which has seven republican appointees and five democratic appointees. that 11th circuit court of appeals has been so far perfectly fair and considering the previous appeals of judge cannon's rulings that the 11th circuit court of appeals is very likely to overturn judge cannon's ruling and reinstate the criminal case against donald trump. but if donald trump is elected president, he will immediately fire jack smith in order the justice department to drop all criminal cases against him in federal court. he will then appoint judge mercedes can into the united states supreme court after easily making clarence thomas an offer he can't refuse and to retire into a life of a

jack smith responded to the supreme court ruling.ved, as we have shown, the doj part of the interference, but kept much of the plot. what does today's hearing tell us? >> one thing that struck me from this order is that there's been a lot of talk about whether we're getting a mini trial before the election. it seems pretty clear from this schedule that that is not going to happen. the briefing on immunity will be completed a week before the election. so we'll at least see hopefully depending on what is sealed and not sealed, we'll see at least i would expect maybe not all of the exhibits but we'll see much of the briefing. and that at least will be what we get in writing before the election. it's an extraordinary thing to think about a week before going into an election that one of the presidential candidates is in court defending against allegations he stole the last one. it's just extraordinary. >> if trump were to win the election, then in all likelihood, he could constitutionally dismiss all of this. he would also be a sitting pr

that is about to be submitted today by jack smith. >>> first, hurricane helene is a category 3. it's making landfall just a few hours from now, and officials are warning about a quote, unsurvivable storm surge. we're back in 90 seconds. we were loading our suv when... crack! safelite came right to us, and we could see exactly when they'd arrive with a replacement we could trust. >> vo: schedule free mobile service at safelite.com. >> singers: ♪ safelite repair, safelite replace. ♪ 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/hire cordless outdoor power, brings you the ego power+ blower. reaching an incredible 765 cfm, it's more powerful than gas. and at speeds of up to 200 mph, it's the most powerful ego blower ever. featuring ego's patented 56-volt arc lithium battery technology, it runs up to 90 minutes on a single charge. plus, the same battery powers all ego tools. exclusively at

it is absolutely clear there are more shoes to drop. >> jack smith, 180 page filing that we don't geteventually get to read? >> we should eventually get to read it. we did the exact same thing and the more investigation when you would first file with the court under seal the hole brief. you would give the proposed redactions so the court can review them. the defense has an opportunity to be heard and then the judge rules. donald trump will be -- this is the last standing argument he has for this. he's going to be arguing it should never see the light of day because he doesn't want anyone to deal with facts so there will be a lot of private skirmishing we will not see about whether it gets released but knowing that it is judge chutkin i think she will rule quickly and we will see a huge chunk of it. >> within two weeks? >> i would be surprised if it's two weeks. >> less than two weeks? >> exactly. >> andrew weissmann, thank you very much for joining us tonight. i will mark that in my calendar. >>> the hurricane is expected to make landfall within the next hour in florida. we will have

special prosecutor jack smith's prosecution of donald trump, which he is trying to overturn.d co-conspirator. giuliani is also a criminal codefendant with donald trump in georgia for their attempt to overturn the election in the state of georgia and in other new york city mirror news, at noon tomorrow eric adams, the 110th mayor of new york, will become the first mayor of new york to be arraigned on criminal charges. the mayor is expected to plead not guilty at the proceeding in federal court tomorrow, within walking distance of the mayor's office at city hall in lower manhattan. in the indictment made public today, mayor adams is accused of accepting luxury travel on turkish airlines, which is owned by the turkish government. in 2015 when he was brooklyn bureau president and continuing through his years as mayor. the indictment alleges the gifts of free and updated airline flights as well as hotel accommodations became a bribe in 2021, when eric adams used his influence during his successful campaign for mayor to convince the fire department to certify the fire safety of a n

as we discussed on your show and others yesterday, there's a possibility that jack smith's opening briefimmunity will contain exhibits that show us evidence that we've never seen before. but that, of course, is up to judge chutkan, particularly since a lot of that evidence is currently under seal and, therefore, she will have to make a determination about how and if that briefing becomes public. moving to judge cannon's case, her dismissal of that case based on the allegedly unconstitutional appointment of special counsel jack smith, and his office is on appeal to the 11th circuit but not on an expedited schedule. we're not expecting oral argument before the election. the fourth case before former president trump the fulton county case where an oral argument on the proprietary of having fani willis stay on the case has been scheduled for december. again, unless and until there is some sort of emergency proceeding we can't see for now, the only thing i anticipate happening between now and the november election and these trump legal kagsz is the possibility that jack smith lobs a brief to