smith did? no doubt in my mind. it seemed like a big box of puzzle pieces. >> prosecutors, pete -- and brent -- were in charge of evaluating the case against byron. and they knew it was controversial, from the start. >> when brent and i got involved in it, the e-mails started. the phone calls. castigating us for taking this. after all, doesn't a homeowner have a right to defend his dwelling? i didn't argue with people. i just said, well, just stay open and let the evidence come out. and then, let's see if you hold that same view. >> after looking at all the evidence, the prosecutors believed there was a strong case. >> the moment nick broke the window and entered into that house, didn't byron smith, then have the right to defend himself? >> yes. yes, he did. but that's not what he did. he went way, way beyond defending himself. >> that grand jury in minnesota agreed. in april of 2013, five months after the shootings, byron smith was indicted on two counts of first-degree murder. now, there would be a trial, in the c

the jack smith coup trial. jack

when is jack smith going to do something about it? it turns out, jack smith did something about it weeks ago, in making his filing, which was under seal. we are not sure exactly how long ago he did it. but it turns out they saw provocation enough weeks ago. >> exactly. so, listen, this is all about basic fairness. if any of us work used of a crime, the one thing we would care about in this country is our right to a fair trial. as indicated, there is no way in the world that donald trump is being asked to shut up about his innocence, that he is being precluded from putting out evidence, from showing up at his own trial, if he chooses to do so. all we have got here is the attempt to try and level the playing field. and that means, don't scare the witnesses, don't scare the parties. don't scare potential jurors. if you are going to do jury research, do it fairly. don't go out and spread lies. so, again, at the end of the day, once again, the idea is for mr. trump not to pervert an american institution, and something we care about, just l

hyde-smith, aye. mr. daines, aye. mr. van hollen, aye. the clerk: mr. warner, aye. mrs. capito, aye. mr. cornyn, aye. mr. paul, aye. ms. cantwell, aye. ms. ernst, aye. mr. hoeven, aye. mrs. blackburn, aye. the clerk: ms. baldwin, aye. mr. tillis, aye. mr. johnson, no. mr. young, aye. the clerk: mr. cardin, aye. mr. menendez, aye. mr. merkley, aye. mr. rounds, aye. the clerk: mr. reed, aye. mr. booker, aye. the clerk: mr. crapo, aye. ms. collins, aye. clerk: mr. bo. the clerk: mr. boozman, aye. the clerk: ms. sinema, aye. mr. vance, no. the clerk: mr. lankford, aye. the clerk: mr. wicker, aye. mr. wyden, aye. the clerk: ms. warren, aye. ms. lummis, no. the clerk: mr. marshall, aye. mr. carper, aye. the clerk: mr. lujan, aye. mr. budd, aye. the clerk: mrs. britt, aye. mr. sullivan, aye. the clerk: ms. cortez, masto, aye. ms. cortez masto, aye. the clerk: mr. tester, aye. the clerk: mr. tuberville, no. the clerk: mr. murphy, aye. the clerk: mr. schumer, aye. the clerk: ms. hassan, aye. the clerk: mrs. murray, aye. mr. risch, aye. vote: the clerk: mr. coons, aye. mr. sanders

jack smith foresaw that back in april, and the picture painted by jack smith in this filing that's beenealed today is that donald trump is like a mob boss, someone who is just bent on trying to prevent trials, trying to prevent testimony from coming out, the guy is a afraid of the truth coming out in court. >> so neal katyal, yesterday, just to pick up on your point about trump as a mob boss. pete strzok made the pretty haunting observation that the fbi now has to protect itself, certain agents working on the hunter biden investigation, for example, have to be protected by a special unit inside the fbi. and pete strzok made the point that even need to create and erect a special unit inside the fbi to protect the agents who were working on those cases. we're almost in post-mob parallels. i want to read from the indictment about the violence and the call and answer from trump to the insurrectionists. this is from jack smith's indictment of trump on the january 6th charges. at 2:24 p.m. after advisers had left the defendant alone in his dining room, quote, mike pence didn't have the courag

smith: mr. president, i ask unanimous consent the senate proceed to the consideration of senate res. 330, submitted earlier today. the presiding officer: the clerk will report. the clerk: s. res. 330, expressing support for the goals and ideals for national child abuse prevention month. the presiding officer: is there objection? without objection the the senate will proceed. the presiding officer: i -- the presiding officer: the question is on the resolution. all those in favor say aye. all opposed, no. the ayes appear to have it. the ayes do have it. the resolution is adopted. smitsd smyth i ask unanimous consent that the preamble be agreed to be agreed to and the motion to reconsider be considered made and laid upon the table with no intervening action or debate. ms. smith: mr. president, i ask unanimous consent that the senate proceed to the consideration of senate res. 331, which was submitted earlier today are. the presiding officer: the clerk will report. the clerk: s. res. 331, designatin

smith, anyone else on this. mr. smith: i think all of us are into education. the blessing that we have in athletics, we are probably the only incubator left in higher education where we can actually have programs specifically for student athletes to help them with that. one example in our level, students that we recruit, many of them never worked in their lives. when we sit them down as sophomores and tell them this requirement that they write a resume, it starts the wheels turning to get them thinking about, oh, oh, what am i putting on here? then you begin the process to help them understand why it's important to take advantage of the internships we have available to you throughout the rest of your career here. putting them in the work environment so that they can see what it means to be in a work environment. the lessons learned through athletic competition and practice are directly transferable to the work environment. that's the blessing we have in athletics. how do we help the student athlete on their continuum, while they are with us, get to that? this

her husband, andre smith, having a mental health episode. officers tried to communicate with smith but he refused to come out of his room. officers actually left after his wife said he wasn't being violent, but within an hour, police were called back when someone reported smith harassing his wife outside of their home. when police responded they say they attempted to negotiate with smith on the front lawn for more than 20 minutes. but he began throwing pieces of brick at officers, leading them to use tasers and bean bag rounds. smith then use add folding chair as a shield and a three-foot pole as ran at the officers. >> mr. smith charged at one of the office swinging the metal pole at the officer's head. the officer ducked to avoid being hit. at that time another officer fired one round from his service weapon, striking mr. smith in the upper right leg. >> the contra costa district attorney's office will take the lead on the investigation. no officers injured but now placed on administrative leave. >>> staying in the east bay. a desperate se

will smith trained for months to play mohammed ali. i have met will smith.oken to him right over there. he's got a hand like a flank steak! if will wanted to hit somebody, he should have picked somebody more appropriate, like jason momoa or liza minnell. at this point, she's unkillable. she is going to live forever. today we learned that chris isn't pressing charges. but of course, this is hollywood, and there are rules. you can't just storm a stage, physically assault someone on camera, and then go back to your seat. there have to be consequences -- like winning the oscar for best actor and receiving a staning ovation, then partying all night. who says hollywood sends a bad message to our kids? "you see that johnny. you see that? you solve your problems with violence, everyone will love you and give you golden statues. now, off to the after-party mister! you've got a lot of your own music to dance to! you go get jiggy with it!" ♪ water so clear you go straight to the bottom ♪ ♪ we are going to miami ♪ but however you feel about celebrity-oncelebrity violenc

smith. >> chairman blumenthal, ranking member hawley, members of the subcommittee, my name is brad smith. onth the vice chair president of microsoft and thank you for the opportunity to be here today and i think more importantly thank you for the work that you've done to create the framework you have shared. chairman blumenthal, thank you put it very well at first, we need to learn an act with dispatch. and ranking member hawley, i think you offer real words of wisdom. let's learn from the experience the whole world had with social media, and let's be clear eyed about the promise and the peril in equal measure as a look to the future ofas ai. i would firstly i think your framework does that. it doesn't attempt to answer every question by design. but it's a very strong and positive step in the right direction. and puts the u.s. government on the path to be a global leader in entering a a balanced apprh that will enable innovation to go forward with the right legal guardrails in place. as we a

also in jack smith's filing today on page 7, and this is from the examples jack smith writes this. the defendant has posted repeated inflammatory attacks on the judicial system, the court, and the citizens of the district of columbia who comprise the jury pool in this case. quote, that the court is rigged against him, that the quote is fraud dressed up in washington, d.c. who is a radical obama hacked or is biased trump hating judge and that he can't get a fair trial from the residents of this filthy and crime ridden district that is over 95% anti-trump. and then the exhibits are just that, in trump's own words, quote, the obama appointed judge and free speech by me shared

this is a concern to special counsel jack smith and his team.vealed that smith had asked for a very narrowly tarrant gag order. he said that because of the continued attacks that it really undermines the fairness of the case. in that same vein, which could potentially cause harm as he has retained influence over his followers. trump immediately has responded to this already itself ill prophesy of sorts, tweeting at smith about how problematic this gag order would be. it jeopardizes the first amendment concerns. what smith asked for is a very narrow well-defined restriction that would essentially prohibit, trump from making statements about identity, testimony, credibility of his witnesses and statements about witnesses, attorneys, court personnel and potential jurors that could be disparaging, inflammatory, intimidating. when emphasis on intimidating there. >> so, paul. with trump saying up my free speech, how likely is judge chutkan to approve this gag order. when you listen to jackie's description of, it is very specific. >> i think the judge

we're like this is our house >> smith says he's putting the pickerings in his will as for steven andsica, they have their lives and their love. >> oh, my god, it's right there in the bushes. >> and a whole bunch of neighbors ready to help them out if they ever need a hand sam brock, nbc news, lahaina >> and when we come back, we'll take you to jimmy buffett's final performance, the video of the surprise concert we just got coming right up. ♪ searching for my lost shaker of salt ♪ >>> as we mark the passing this labor day weekend of the great jimmy buffett, it turns out he had one final surprise for his fans it happened over another holiday weekend this summer, and no one saw it coming. mac mcanally was three songs into his set when a figure suddenly appeared on stage behind him the crasher, jimmy buffett to the shock and delight of the crowd. the two old friends, mcanally lead guitarist in buffett's coral reefers band >> mac not ahold of me and said, hey, jimmy just reached out and wants to do a few song, what do you think? >> let's find a way to make it happen just wanted to get out

police he shot smith "in the head because he wanted to make sure he was dead." the warrant says purdy also said he would have shot others if he hadn't run out of ammunition. tonight smith's family saying in a statement, "wes was truly an amazing and loving son, brother, cousin, and friend to so many. we are heartbroken by his passing. according to the arrest warrant, when officers asked the suspect why he shot smith, he was unable to give a clear answer. that suspect is now facing a murder charge and is behind bars tonight. >> jaclyn lee, thank you. >>> overseas now to the war in ukraine. officials tell abc news the u.s. is expected to send depleted uranium rounds to ukraine as part of a new military aid package. experts say they could be a game changer on the battlefield, capable of piercing russian armor, but they have come under criticism. abc's britt clennett from ukraine tonight. >> reporter: tonight, a potential game changer in ukraine's bloody battle to drive russian forces out of its territory. abc news sources confirming for the first time the u.s. will

the jack smith coup trial. jack smith in that case has a new filing asking the judge for a narrow order on what donald trump as a defendant is allowed to say. it's quite interesting because it cites the threats that he's already made and things he's said that have been interpreted as threats against witnesses, other individuals involved, even law enforcement. the repeated inflammatory public statements, smith writes, are likely to materially prejudice the jury pool, create fear among potential jurors, and result in threats of harassment. the order would certainly seek the judge, barring trump from public statements about potential witnesses' identity tests, credibility, and bar him from making disparaging or intimidating statements about any party, witness, attorney, court personnel, or potential jurors. those are the words of the filing by jack smith's office. whether the judge uses some, all, or none of those words in any potential order is the big question. smith emphasized this is a narrow and well-defined

hyde-smith: thank you so very much. mr. president, i rise today to pay tribute to the remarkable life of a legendary native of mississippi, whose music is synonymous with the spirit of summertime and enjoying life, jimmy buffet. born in pascagoola, mississippi, jimmy's journey began in the heart of the south. his music touches the heart of those well beyond mississippi or the south, but there's no denying jimmy's music embody's the very essence ever the south with warm hospitality, vibrant culture and distirchgive -- distinctive charm. his early years with were filled with the siects and sounds -- sights and sounds of mississippi, the sun setting over the gulf of mexico would later inspire some of his most beloved songs. it was his great appetite for adventure, which ultimately propeled him to worldwide fame. he embarked on a journey that would take him to the florida keys, the caribbean, and beyond those changes in latitudes. amid more than 40 musical tours throughout his career, he channeled his tal pts into a diverse --

burnside smith, right. hancock and warren are grant decides okay we're to pull these guys out during the night of may 12th under cover of darkness, just like we did at the north and a river our bands will play and the men will leave and lee won't know where we're going. union planners up with a exc evacuation that was going to take several different routes, but bring them down basically the james river to the south and from the james river, they would either be able to slip up the north bank of the james and get into lee's rear and take richmond or send all or some of the force across to go after petersburg and hit petersburg cordon fighting with general butler, who was at a place called bermuda 100, very near petersburg. so that's grant's plan. and believe it or not, it works marvelously first. and although grant didn't learn right away, lee's army is now very weak. a more aggressive union general up in the shenandoah valley general david hunter was making progress. and so lee first sent breckinridge back

>> the prosecutor, jack smith, is saying to the court, look.ngerous ways. prejudicing the jury, pool prejudicing witnesses, and alike. and so jack smith as file this piece of paper saying, hey, stop him from doing this. and it goes back to 1976 supreme court case called the nebraska press association versus stewart. and basically the, question is, is jack smith's limited request here limited enough to gag donald trump, and i suspect the answer is yes that he will prevail on this in some limited way. and that's because jack smith wrote a very narrow strained document, one that just said, look, if he's gonna be attacking witnesses or attacking court personnel, that goes too far. and i think the next step is for the judge hearing where donald trump sits in that courtroom looks at her in the eye and explains himself. and then, from there, some sort of tailored remedy, including possibly moving the trial date up. >> wow. so, i has until believe next friday, if i'm remembering correctly, to respond, or his team does. and what are the consequences? do

and all along, jack smith has been listening, clearly.pecial counsel is now seeking a gag order against trump, in his election interference case. so, if the judge issues that order, trump is going to have to resort to some of his other go-to strategies, like getting his cronies to do his dirty work for him, he has tried that in the past. house republicans did get a bit of a head start this week, by launching their baseless impeachment inquiry into president biden. and in an interview that just aired on meet the press, trump said he had nothing to do with it. >> did you talk to speaker mccarthy about this house impeachment? >> no, no i didn't talk to. >> did you tell him that he should open? it >> no, i don't think he would do that. i mean, he wouldn't do it, based on what we know. >> did you talk to your republican allies on capitol, and say you should support this? >> no, i don't have to talk. there are more productive than i am, they think it's terrible i. we'll say this, they think i was treated very unfairly. >> whatever trump says, w

so jack smith is following the money.es tell us smith's team of prosecutors has asked two recent witnesses about how money that was raised off baseless claims of voter fraud was spent to fund attempts to breach voting systems in several key states that joe biden won. so we know prosecutors have focussed their questions on the role specifically of former trump lawyer sidney powell, who entered the public consciousness with unsubstantiated claims, like this one. >> we have mathematical evidence in a number of states of massive quantities of trump votes being trashed, just simply put in the trash, like you would on your computer with any file. and biden votes being injected. >> poppy noted, unsubstantiate and outright lie. powell was indicted in the georgia election subversion case. cnn obtained invoices that show powell's nonprofit defending the republic hired forensic firms that accessed voting equipment in four swing states, georgia, pennsylvania, michigan and arizona. in georgia that access looked like this. the coffee c

we don't know about the filing by jack smith. but jack smith complaining about comments made by the former president that would prejudice a jury. he is a presidential candidate. there has to be kind of a wide latitude on this, doesn't there? >> there is certainly a lot he can talk about, but he doesn't have to talk about the facts of this particular case. and i think that's the concern. he's not just answering questions from reporters, which he could be allowed to do. he is engaging in this barrage of truth social videos that he is posting where he is going on and on and on, putting his side of the story out there. in one hand he is trying his case in the court of public opinion, but trying to seek delays because he doesn't seem to want to try the case in court in front of an actual jury. things that won't be admissible at trial are things that he is trying to get out there now to prejudice the jury pool in his favor. >> this is a dilemma for prosecutors. i'm trying to picture what i would do in their scenario. on the one hand, y

so it's certainly been shocking. >> reporter: police say smith was killed outside a ft.riday after being approached apparently randomly by suspect matthew purdy. >> this was senseless. it shouldn't have happened. >> reporter: according to the arrest warrant, purdy admitted to shooting smith three times in the stomach, shoulder and back of the head after he fell. the suspect telling police he wanted to make sure he was dead. investigators say purdy also hit a witness with his gun and told officers he would have shot others if he had not run out of ammunition. purdy, who was out on probation for aggravated robbery, according to police, is now charged with murder. >> he's in custody where he belongs. >> reporter: smith was a double major, a walk-on for tcu freshman football and a student who led bible studies for his fraternity. >> he wanted to be an encouragement and friend to other people. people gravitated toward him. >> reporter: tonight, without a known motive, a family and community is left heart broken and confused. shaquille brewster, nbc news. >>> still ahead, the

that shows us if anyone is trying to president its case in smith's office.look, we know what's going on here. the most obvious. they want trump both to hurt trump's chances of winning the election by limiting his speech. and that one hope he violates any gag order and then they could throw him in jail as soon as possible. so 2 things they want. i thank you kinda knew that this was all going to happen. joining us now and i'm delighted is mike davis founder of the article 3 project a former clerk for justice neil gorges. mike, your immediate reaction here. i think they want trump behind bars but heard him in his election bid. >> this is outrageous but, unsurprising coming from jack smith in the biden justice department criminal defendants not the government have the sixth commitment right to a public fair and speedy trial. criminal defendants not the government have a first amendment right to speak out against the government. that includes terminal defendant speaking out against the judge and the prosecutor in the process. the case law is very clear. what are

i think that's what jack smith is getting. at you can't do things to intimidate the prosecutors and jurors or anyone else involved in the case. >> that's the main target. he also orders and motions asked for a pre-approval by the judge of any polling of the jury and focus groups that they have. jury selection has become more of a science. it's not uncommon to try to have focus groups not trials that would make sense. in this case, you might pollute the total jury pool if you do it in a way that starts putting out defenses that will never be allowed in court. she wants to make sure that there is a -- making sure that there is pre-approval of any questions that go out to a potential juror. >> tanya chutkan has asked to recuse herself in this case. she has asked for input from both sides on this one. they are using her own words by saying she is commented in the sentencing of january six who have complained that they did this at the behest of donald trump. donald trump is not in the room. he is not standing trial. tell me about t

smith. there is a deep appetite, hunger , for rules and guardrails , basic safeguards for businesses and consumers for people in general from potential perils. there is also a desire to make use of the potential benefits. our effort is to provide for regulation, in the best sense of the word. regulation that permits and encourages innovation. and new businesses in technology and entrepreneurship. at the same time, provides those guardrails and forcible safeguards that can encourage trust and confidence in this growing technology. it is not a new technology entirely. it is been around for decades, but artificial intelligence is regarded as entering a new era. make no mistake, there will be regulation. the only question is, how soon and what. it should be regulation that encourages the best in american free enterprise, but at the same time provides air protections that we do and other areas of power, economic activity to my colleagues to say there is no reason for new rules. there are enough l

and general smith was one of those.ounded in action in iraq, did not want to go home, frontshrine commander in -- frantzline commander in combat. like a lot of commanders during these challenging wars, had a number of marines and friends killed in action when he was -- who he was in command of. so he knows war. he knows the marine kochs and i look forward, mr. president, to working closely with general smith on a whole host of issues related to the marine corps and now as a member of the joint chiefs related to the national defense of our country, including marine corps force design, including the navy's requirement that is in law, in law if if you're watching, secretary of the navy del toro, its in law, 31 amphibs for the marine corps. so these and many other issues, i look forward to working with general smith on. again, 96-0. great job, general. semper fi. mr. president, i also think it's important to talk a little bit about how we got here. and to be honest, we should have gotten here a lot earlier, weeks, if not mo

smith finished on 12 under par, two shots behind the winner ryo hisatsune of japan. centuries from shubman gill and shreyas iyer helped india to a 99 run victory over australia in the second one day international in indore. india have an unassailable 2—0 lead in the three match series. francesco bagnaia's lead in the moto gp riders' championship has been cut to 13 points after he crashed out of the inaugral indian grand prix. pole sitter marco bezzecchi won the race, with championship contenderjorge martin finishing second. max verstappen was back on top of the podium in japan earlier today. that means red bull have won the constructors championship and the driver's title could follow as early as the next race in a fortnight. ben croucher reports.

smith sr. have been watching me. i told him i was feeling this burden and i have this experience and i had been to a service and the sermon was preached on jonah. people running from the gospel. everything . every time he said if anyone senses a call, come to the altar. i don't remember but i was at the altar and i said, yes . and the rest is kind of history. dr. smith said we have been waiting for your. i preached my first sermon 25 years ago this year. and later that year, august, 1995 and moved to d.c. >> that is the opening segment and that will keep us truly interested all the way. will come back in a moment. please join us for reverend dr. jackie thompson who is the pastor at and the sword church. 100 year anniversary. >>> welcome back to 'mosaic'. if you heard dr. thompson you had to be excited. she is pastor of allen temple baptist church. >> it has been a joy. i was raised at allen temple and i came there when i was 12 years old. looking for a church. for lack of a better phrase, i was sick of going to churc

we know trump has been targeting jack smith online. what's the point of filing this under seal if these are public extra judicial statements? and how do you read the sort of news of this? >> assuming the filing is about those extra judicial statements, there's something else in that motion nonpublic. and it could be someone's address. it could be personal details of someone who's been targeted if it is indeed about those statements. the process that's filing is the main filing is done under seal and the redacted version is made public. we don't know if it's one line or most of the filing that is causing it to be filed under seal, so it's really hard to tell, and this is just one of those frustrating things about watching a criminal case -- >> and then following every procedural move. i would ask you if presumably this has to do with the statements trump is making publicly and the impact they're having on the case even at trial, and i wonder if we're fast approaching the threshold of which a judge is going to have to do something here.

liam smith is ttoin option for me but to win.ng through a purple patch. - is going through a purple patch. using a fourfight is going through a purple patch. using a four fight knockout win streak, he surprise a lot of people, he dismantled chris eubank last time out. he thinks he has the measure of chris eubank tenure. he out. he thinks he has the measure of chris eubank tenure.— chris eubank tenure. he can't, the same game _ chris eubank tenure. he can't, the same game plan- _ chris eubank tenure. he can't, the same game plan. what _ chris eubank tenure. he can't, the same game plan. what you - chris eubank tenure. he can't, the same game plan. what you think. chris eubank tenure. he can't, the - same game plan. what you think about him career. _ same game plan. what you think about him career, where his career large. another— him career, where his career large. another loss. — him career, where his career large. another loss, it is over foreign. that— another loss, it is over foreign. that is— another loss, it is over foreign.

but jack smith is supposed to be independent and he isn't.orders and alvin bragg and who knows, trying to bribe or extort as you say this defense, stanley woodward by the way is supposed to be a very good defense lawyer. >> yeah, and everything they're doing is trying to overwhelm president trump and the election president and election interference at its worst and using through litigation and often litigation is used to smear somebody and using it too much and it's impossible for president trump to actually run a campaign and they're going back 2.5 years on some of the claims and if these were so urgent and so important, why would they not prosecute president trump two and a half yearsing a and now you're saying everyone is pretty much beating joe biden in the polls. is >> another thing, larry, this energy thing is so big. when joe biden is cut off our ability and shutting down the drilling on federal lands and i'm clinging to my gas-powered car. gas powered motorcycle and gas-powered stove they're trying to take away from me in washington.

what jack smith describes as a, quote, minuscule amount. but the really chilling part of these new revelations is just how determined jack smith was to keep the disgraced twice impeached four times indicted ex-president from learning about their efforts to obtain trump's twitter data because they believed, as we said earlier, it would, quote, precipitate violence if and when the ex-president tweeted about it. also from the filing, quote, these are not hypothetical considerations in this case. following his defeat in the 2020 presidential election, the former president propagated false claims of fraud, pressured state and federal officials to violate their legal duties and retaliated against those who did not comply with his demands culminating in violence at the u.s. capital on january 6th. quote, more recently, the former president has taken several steps to undermine or otherwise influence the investigation into the potential mishandling of classified information, following the end of his presidency including publicizing the existence of

jack smith's request comes in a newly unsealed court filing.nn's jessica schneider has been going through it. she joins us now. what have you head? >> anderson, this is the special counsel's team laying out really a long list of reasons why they want the judge here to step in immediately and order donald trump to stop making these statements both online and anything he might say in person. the special counsel really argues could end up intimidating witnesses, as they put in this filing, court officials, and crucially here, the jury pool. they're laying it out in the filing this way. they're saying, the defendant's repeated inflammatory public statements regarding the district of columbia, the court, prosecutors, and potential witnesses, are likely to prejudice the jury pool, create fear among potential jurors, and result in threats and harassment to individuals he singles out. puly, those involved in the criminal justice process w read the defendant's disparaging messages from court personnel to jurors may reasonably fear they could be the next

and in a later post, he attacks smith with -- insane aggression.lear that his election interference investigation is far from over. according to new reporting from cnn, he is zeroing in on how money raised based on false claims of voter fraud was used to fund a tends to tamper with voting equipment and states that joe biden had won. and david henderson and jonathan alter are back with me. let's talk about the latest concerns about the jury pool as a former prosecutor. to what extent do you share jack smith sphere, and if this keeps happening, at what point does judge chuck kid tried to do something about it, and what can she do? >> keep in mind, the tools that lawyers used don't always reflect what they're thinking when they use them. so what jack smith is really focused on here is the fact that former president trump is violating the conditions of his bail. bail is a contract between the defendant and the judge to behave yourself until your trial and testing to show up and we have a trial. typically, you have one testify ladies conditions before y

what more do we know about this court filing from jack smith? >> anderson, we don't know very much at all. because this entire dispute, whatever it's about, is happening under seal. and this comment about the former presidents statements problems -- interference trial, this is one piece of a comment they made about this larger dispute. and there's currently a dispute about whether that dispute will become public. so it could be awhile before we get more context. but we are seeing this as we learn what exactly smith and his team have been up to in the weeks since they filed that indictment against former president trump, related to election interference. we learned that they've asked multiple witnesses, specifically about sydney powell. she is of course the trump aligned lawyer who pushed a lot of these election lies and was actively involved in efforts to overturn the election. now, of course, trump was the only person indicted so far by the special counsel, but in the federal indictment, they did list a description of six coconspirators. we lea

it's in fact an exact replica of what is in jack smith's proposal, jack smith gives many examples, this is an egregious form of one of the examples that jack smith gives. and the conditions of trump's release don't just specify intimidation of witnesses. it also says intimidations of officers of the court. who are officers of the court? jack smith. so he's directly confronting what the judge has imposed as a condition of release. i think it really does, in some sense, force her hand to a certain degree. i cannot imagine that his defense counsel thought this was a wise thing for him to do tonight. >> it is pretty stunning. chris, let me just wrap this up with judge chutkan in a public hearing. she said to trump's lawyers she wouldn't tolerate any remarks from the former president that would intimidate witnesses or prejudice potential jurors in. a sense, is this now sort of a fait accompli that you're going to get this gag order and possibly then even have to scale it up? >> yeah. so, erin, what i think is going to happen, at the very least, going to be no intimidation of witnesses. defin

what do you think about what jack smith's team is saying?hat do you think and appropriate remedy would be from judge chutkan? >> when you look at the filing that was unsealed today, and you read it, then you compare it to the actions of the former president between election day 2020 and january 6th of 2021, you can't help but have dÉjÀ vu. and it's the exact threat that we were trying to work in january 6th report. look, the big lie was the former president saying he lost the election because of alleged fraud in states like georgia, nevada, and others. and he attacked the election via twitter or public statements or surrogates. and that was an attack on our institutional norm of fair elections. and now, you have the doj taking, well, i found it to be a pretty remarkable action saying that the former president is doing the same as the judicial system as we speak. he's attacking the court. he's attacking the prosecutors. he is attacking witnesses, attacking the jury pool, through his social media in the exact same way that he did leading up to

jack smith, whom he has repeatedly called deranged.ak this all down for me, what prosecutors are basically arguing here is they could quote from public records. they could say he's innocent. but they're saying this is necessary. do you think they'll be successful here? >> i think so. i think judge chutkan is going to impose at least some limited order. she's concerned about former president trump and his rights. she doesn't want to be placed in a position where she's unduly restricting his ability to speak. there's a difference between candidate trump and defendant trump. and defendant trump, by virtue of being under indictment, his rights and first amendment rights are restricted. i think it's justified and suspect she's going to do that. he's been warned by multiple judges. he's under court control through all his various bail conditions. so, what he's not free to do is attack the prosecutor, attack the judge, try to undermine the jury pool. he can campaign but he can't undermine the prosecutors' ability to prosecute the case. >> and

what can we not see and what do you make of jack smith's concerns?well, the concerns are real ones, and they are evidenced every day with additional posts on truth certainly and other social media outpits from the former president that raise concern for prosecutors and for judges. the trial judge here is, of course, bound by the first amendment as all governmental actors are but the first amendment isn't absolute and this is especially the case when it is intention with other rights and liberties that are contained within the bill of rights. trial judges here in particular have concerns about the obligation, constitutionally that they have to preserve a fair trial and to make sure that there's an impartial jury and because of this, we pretty routinely see orders from trial judges that are limiting speech that they think is designed to taint jury pools or to intimidate witnesses and those sorts of orders are not only not constitutionally prohibited but may be constitutionally mandated. there's one kind of order from judges that gives rise to pretty si