smith says trump looked at the aide and said only, so what? in a statement the trump campaign spokesman called it false-hood ridden, unconstitutional and another obvious attempt by the biden reneej to undermine american democracy and interfere in the election adding, the case should be dismissed. >> ken, we've been down this road in another context in another time, but doesn't the justice department typically avoid taking action related to candidates this close to an election? >> reporter: yes, that is their policy, and, in fact, they have entered the quiet period where prosecutors avoid announcing anything that could influence voters, but it was the judge, not the special counsel, who made this filing public, lester. >> all right, ken dilanian starting us off, thanks. >>> let me bring in garrett haake covering the trump campaign. garrett, with early voting already under way in many states, the question being asked tonight, could this impact the race? >> well, lester, the conduct described in the filing has already led to donald trump being im

al smith did not make it through high school because his father died and al smith had to do the work to provide for his family. al smith would hate everything about donald trump. kamala harris couldn't attend the dinner, and she sent a video message that included a comedy bit with molly shannon doing one of her old snl characters. >> the national catholic reporter objecting to donald trump being invited to the al smith dinner saying the al smith dinner was once a place where even amid the sharp elbow politics of a presidential campaign normal humans could sit with each other and share a meal and walk away with dignity and reputation intact. trump changed all of that in absurd to act otherwise. the real scandal is that the good catholic cardinal of the great city of new york would not have the courage to say, this year, that the current republican candidate is a walking example of so much the catholic church finds repugnant in today's politics that he would suspend the normal invitations. the real outrage is that trump given the public nature and extent of his repulsive record should

>> 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

new evidence tonight involving donald trump from special counsel jack smith. the evidence involves what smith says donald trump did inside the private dining room off the oval office as the january 6th riot was unfolding. tonight, donald trump's response, and here's our chief justice correspondent pierre thomas now. >> reporter: tonight, just 34 days before the election, special counsel jack smith presenting new evidence of donald trump's alleged criminal conspiracy to overturn the 2020 vote and cling to power. in the sweeping 165-page filing, smith arguing trump's deeds were not the official acts of a president, protected by the recent supreme court ruling on immunity, but the desperate efforts of a losing candidate. the brief presents the fullest picture yet of smith's case that trump knew he lost, but lied to the american people anyway. prosecutors claim they spoke to one white house staffer who said he overheard trump telling family members, "it doesn't matter if you won or lost the election. you still have to fight like hell." and then on january 6th, tru

jack smith's case got one word easier today, by the stupidest criminal defendant jack smith has ever had to prosecute by him saying we. we did not have guns. today in federal court in washington dc judge tonya issued a ruling saying that jack smith can reveal even more of the prosecutions information against donald trump. in the criminal case that charges donald trump with conspiracy against the united states of america to overthrow the presidential election leading up to and on january 6. and a case that became a bit easier today for jack smith to prosecute thanks to donald trump's rank stupidity saying we did not have guns. the others had guns, but we didn't have guns. after listening to donald trump's rambling answer to his question including donald trump firmly putting himself on the side of the attackers of the capital against the police officers defending the capital, ramiro gonzales said donald trump did not win his vote with that answer. here is what kamala harris said about that today in wisconsin. >> i am campaigning for every vote because i want and intend to be a presiden

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,

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 just what mike pence told folks. in fact, i thought one of the most interesting things is that he had five pages of contemporaneous notes about one meeting in which the prosecutors say donald trump was told by a lawyer that his plan to help parents basically reject th

now, the sentence that you pointed to at the beginning basically says to jack smith that jack smith ise chutkin don't lead my down just one avenue so that then if that turns out to be the wrong one, we have to go back again, give me alternatives, affirm my view that the president as a candidate has no immunity under the court's 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 overcomed. 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. doesn't matter. or i will basically sic the mob on you. those threats to pence cannot be part of the president's official function. for an outgoing president who as the evidence compellingly shows, knows he is lost and says it doesn't matter whether i have lost. we have to fight anyway. even if i have lost. for that president, i have an official role, i'm not just a citizen casting a vote. i can basically pressure my vice president into trashing all of t

this is coming from special counsel jack smith, is 165 pa pages, coming out of smith's office and a details behavior that smith insists is indeed criminal without a doubt. the argument flows from the supreme court's decision back in july when joy entered the former president immunity, pretty sweeping immunity, left open the possibility to prosecutors to go ahead and pursue donald trump for unofficial steps he took and to that end the prosecutions wrote in this redacted motion that is becoming public at its core, it is a private one, extensively using private augers and campaign infrastructure to attempt to overturn the election results and operated in a private capacity as a candidate for office work going on to say, he knew full well that his actions did not preside with what he was saying, even with the reductions at least together some interesting witnesses and others who told of the federal grand journey and fbi about donald trump and some disclosed evidence gathered into that process. we do not know where all of this goes, we do not know of this changes anything, this is something to t

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

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

smith is claiming trump's actions were taken in a private capacity as a candidate. filing, which runs 165 pages and has a lot of names reacted, also details trump actions on january 6th, when thousands of his supporters storm to capitol as congress was certifying the election. and it claims trump tried to advance his own self interests and perpetuate himself in power contrary to the will of the people. cbs's scott macfarlane has the new details. >> reporter: the special counsel alleges former president donald trump resorted to crimes, focusing in particular on trump's alleged interactions with then-vice president mike pence, who had refused trump's insistence he stop the electoral certification on january 6th. throughout the 165-page filing, smith makes the case trump was acting as a candidate or private citizen, not as president when he was claiming the election was stolen. >> the special prosecutor is trying to establish that, as evidence shows, this was all private conduct that is charged here and therefore immunity, sweeping immunity provided by the supreme cour

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

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

. >> 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

what was revealed today by prosecutor jack smith? and what the trump campaign is saying tonight. >>> vice president kamala harris meantime on the ground in hard-hit georgia tonight, thanking first responders. and the moment last night during the debate between j.d. vance and tim walz that the harris campaign has immediately turned into a new campaign ad. and donald trump tonight praising his running mate, j.d. vance, for his performance. >>> tonight, after iran's ballistic missile attack on israel, prime minister benjamin netanyahu vowing to retaliate. tonight here, the new video showing that wave of iranian missiles. and the new footage appearing to show helicopters trying to get wounded soldiers out of southern lebanon. >>> back here in the u.s. tonight, the death of "friends" star matthew per rip. what's been revealed. >>> in new york city tonight, indicted mayor eric adams. did he interfere with witnesses? the showdown in court today. >>> tonight, bank of america suffering a nationwide computer outage. many customers unable to wi

a state of mind and jack smith the supreme court told jack smith to go forward and do exactly what he's doing 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 as 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 as the former president has sought at 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 prosecuted this 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 yet that's moving quickly before an election that's what should happen that 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

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

to say, to determine what, if anything, from the smith indictment can be prosecuted in this is smith's answer which is to say well, everything. there is one meeting we can't include which involves the justice department. >> in that one meeting, robert specifically goes out of his way to dig in. >> right, but what we do have in here, i remember the day the supreme court ruling came out my first reaction to it was that this was going to happen. i anticipated it happening in actual fact finding with witnesses where we would hear mike pence. that might be the next stage of this. it can go to that, but as of now it seems like judge chutkin wants to handle it on paper and you can see how powerful the paper is and you can see the power the federal prosecutor has and subpoena power that the congress does not because when you look at page 67, the source of the quotes in the second paragraph are mike pence's quote, five pages of contemporaneous notes of a meeting with the president at the time, so there is a vice president just writing it all down. >> which you better do any time you talk to the

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

now, it is jack smith's choice in many ways. he is under that protective order me but he can come in like he did with respect to the motion and say to judge chutkan, here are things we now feel comfortable going ahead , being out there putting in the public. no, it is donald trump saying wait a minute, you said this stuff was sensitive and you cannot release it without threats and intimidation, so forth. it is not donald trump that ever had that same interest. he has an interest now because he has apolitical interest because he has got a election in three weeks. >> donald trump is doing the media rounds, calling what happened january 6th, a day of love. he is comparing january 6th rioters to japanese americans were interned. he had this to say about judge chutkan and about smith . take a listen. >> this guy is a sick puppy. they are going to release something else. always before the election. they want to do it before the election. it is election interference. now, it is a terrible thing what is happening. the judges, this judge

what is new in jack smith's latest filing? smith's latest account of january 5th provides striking new details about trump's state of mind in the lead up to january 6th. it counts widely criticized the ruling in july, which vastly 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's main goal is to show that trump's actions, as he tried to overturn the election results, or the actions of a private person, not those of a president, carrying out official duties. importantly, draws a critical distinction between whether trump was acting as president or as a political candidate. the motion points to new testimony from a secret service agent who said, trump's security detail january 6th quote, was not getting information about the rally from their counterparts at the white house staff, because this was not a staff-driven event, this was a campaign driven event, end q

jack smith is probably going to need legal representation.nd this judge, by this conduct, she has basically destroyed, in my opinion, her judicial career. >> sean: well, probably not because it's in dc and i think that's hard to do but the fact that they would do this 18 days prior to an election, whatever happened to that doj policy, gregg jarrett, unwritten policy that they don't do this in the lead-up to an election. >> they tore it up. they shredded it. this is a celeb rate attempt, sean, by a judge to sway an election. what's remarkable is she doesn't actually deny it. i mean, read the 5-page ruling. she writes, oh, this information is incidental, and that's not the same, she says, as court's intentional interference. so she's basically admitting she's intentionally interfering. even dumber is her comment that withholding information is election interference. no, at he not. are you kidding me? so she's unwittingly admitting that which she claims is false and frankly doesn't even seem bright enough to realize it. the good news as leo poin

room watching the capitol riot on tv, smith wrote. an aide told him pence had been rushed to a secure location. smith says trump looked at the aide and said only "so what"? a trump campaign spokesperson called it a falsehood and another attempt by the harris campaign to interfere with the election, adding that the case should be dismissed. >> our thanks to ken for that report. >>> israel is continuing to bombard lebanon. at least six were killed in an airstrike in the capitol city beirut, according to reuters, who cited lebanese health authorities. it is the most central area of beirut to be hit so far within walking distance of the prime minister's headquarters and many foreign embassies. for the latest, let's bring in claudio lavanga. what's the latest on the fighting? >> reporter: good morning, frances. just to give you an idea of how deep into beirut israel has tried on wednesday, as you mentioned, it is very central and the no only close to the prime minister's headquarters and foreign embassies, it's also close to martyrs square

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

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

. >> i'm sandra smith. the story with tracy in for martha starts right now. >> thank you. afternoon everybody. i'm trace gallagher in for martha maccallum and this is the story. 18 days until the election and everything still at stake provides for vice president harris and former president trump focus on battleground michigan. harris wrapping up a rally in grand rapids heading to lansing. trump has 2 events plant near detroit as michigan's 15 electoral votes shift from lean democrat to toss up in our latest fox news power rankings. harris reportedly struggling to connect with sceptical black voters in the state. now plans to roll out barack and michelle obama in the coming days as well as music superstars lizzo and osher to try and keep up with trump in the final sprint. >> the momentum of kamala harris has stalled and i think they feel like they have to change something's going on in the campaign because they are seeing a rise and out stalled out. she still more popular than trump but joe biden was more popular than trump much more and barely won and hillary clinton was m

unsealed a partially redacted a statement from jack smith in which smith lays out why he thinks the case is very much prosecutable following the supreme court's immunity ruling. smith lays out another new narrative of the case. and that all 165 pages of that, is what reporters and legal analysts have been pouring over all day today. things like conversations with trump. and vice president mike pence before an angry mob called for mike pence to be hanged. at a private lunch, pence encouraged trump not to see the i election as a loss but as a pause. and trump asked pence what should we do. trump should take a bow. trying to get trump to think of his loss as an intermission. suggests that pence wanted trump to run again and joining him in the future. but it was trump to conclude that mike pence lacked courage. later in the filing, smith describe's trump's reaction when the capital mob threatened pence' life on january 6th. upon receiving a phone call alerting him that pence had been taken to a secure location. a staffer rushed to the dining room to inform trump so that trump would take acti

it's not so much smith. right? i think that jack smith moved quickly. i think that merrick garland and doj did not why having witnessed all the events of january 6, and i get the value of the congressional investigation. but having seen what transpired and all that was already in the public domain why did it take 2.5 years for donald trump to be indicted? that's a legitimate question. still to come, this is going to be exciting role the prompter, former secretary of state hillary clinton on the situation in the middle east jack smith's court filing against trump and her new memoir, don't forget to vote on today's poll question at smerconish.com, does consistency demand that those who objected to james comey's actions? in 2016, against the backdrop of that election, ought to feel the same way about jack smith right now, while you're there, sign up for the newsletter for which jack ohman sketched this stay. one is coming out episodes says to the world, it's okay to be gay. >> i don't think i realized how much it meant till i saw the reactions tv on the ed

>> tonight on 360, just 33 days before the 2024 election, the judge unseal jack smith, hundred and 65 page argument for why donald trump should still face charges for trying to overturn the last one. we'll tell you what's new and whether or not his revised case might survive the supreme court challenge also tonight, john king all over the map talking young voters michigan, who's ties the middle east could determine their vote. and with the race so close, perhaps tip the election and later gary tuchman walking some of the worst hit parts of hurricane helene's path of destruction. were even almost a week later, the only way in is by air or on foot. good evening. thanks for joining us. we begin with breaking news in the case of conservative so the supreme court majority put on hold, if not on ice, laid today. judge tanya chutkan unsealed special counsel, jack smith's argument for reviving the election interference case against donald trump now smith has reframed the charges in a way he hopes will now conform the supreme court's ruling on presidential immunity and was stan what will all b

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

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

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

smith delayed any court filings until after the election, instead, smith went out of order, bringing his anti-trump campaign. advertisement. because that's what it is, and judge tanya chutkan let him get away with it. she's cheering him on. it's shameful. sean. all right, when we come back, jimmy fallon reacts to kamala harris cringe pre-taped skit at last night's al smith dinner. it was bad. plus, a seemingly tense conversation between joe biden and barack obama goes viral. hmhm. what were they talking about? was it kamala? ducked a box. there were many failed attempts to fix my teeth. i retouched all my wedding photos and it was even affecting my health. i trusted you because you specialize in dental implants. you created a permanent solution and customized my teeth. so it still felt like me. my new teeth have improved my life and change my future. thank you. you're so welcome. financed the smile you want for as low as 138 a month per arch. schedule a free consultation. is your shower trying to tell you something is getting in and out of the bathtub? becoming a safety concern? are

william smith, who married abby, was he was a smith was. he related to their smith? yes. yes. hi, i'm a hamilton author. i won't deal with the hamilton question, but there is one. i've read a long biography of abigail and the one quote that i'd like to put in context that has shaped unfortunate view of her was that she to john quincy talking about if he send it was better that he die before he committed such a grievous offense. are you familiar with that particular letter actually she wrote she to john quincy quite a bit because he was the star of the family and was very proud of him. and it showed favoritism. but that's the way she works. but i'm not familiar with that one. she wrote a lot of really good ones to john quincy. hi. of course. don't forget the ladies but the equally unknown and infamous reply john adams isn't known in which she indicates the many things she proposes that men would not be so stupid as to adopt. do you have the quote right? exactly. no, not offhand. no. it's in the book, though. so many that i mentioned, the books for sale, i, i know this john is t

he but how important was jamie smith's inninus? . , but how important was jamie smith's inninus?lutely outstanding _ innings? he was absolutely outstanding he _ innings? he was absolutely outstanding he is _ innings? he was absolutely outstanding he is not - innings? he was absolutely l outstanding he is not pleased innings? he was absolutely - outstanding he is not pleased many test�*s or england but he has really stepped up when he does. frustrated he could not get 100 he got 91 that presented 89 so there was the boundary confusion but 91 or 89 whatever you want to call it was crucial. d0 whatever you want to call it was crucial. ,., , ., ., ., crucial. do you feel england have the edae crucial. do you feel england have the edge going — crucial. do you feel england have the edge going into _ crucial. do you feel england have the edge going into the - crucial. do you feel england have the edge going into the second i crucial. do you feel england have . the edge going into the second day? idu, completely. it's not going to go into day five, it i think england will be really happy

does your memory align with how jack smith says things played out that day? >> i think that the filing from what i read is consistent with testimony that was offered and consistent with the way the facts played -- the events played out. i think it is also consistent with the way the vice president told it in his own memoir in his book. >> you spoke to the grand jury. were there other key moments during that period that didn't make it into this special counsel's filing? >> well, you know, i think that there is obviously a lot of focus on the day of january ofth. and this was an effort over several weeks and i think that from my personal perspective, i believe that once the electoral college had acted on december 14th, much of this would sort of dissipate and i think when it didn't, it became clear that the focus would be on the vice president's actions on january 6th. his last few weeks were certainly, you know, more intense in deliberations between the president's office and the vice president's office. but, you know, i think there is some pieces that probabl

special counsel jack smith now arguing trump wa

smith says trump looked at the aide and said only, so what? in a statement a trump campaign spokesman called the filing unconstitutional and another attempt by the harris-biden regime to undermine american democracy and interfere in this lection, adding the case should be dismissed. >> joining us now msnbc legal analyst and former deputy chief in the criminal division for the southern district of new york, kristi greenberg. kristi, good morning. thanks for starting us off. first, tell us what jumped out at you from this filing? and in your assessment, how strong is jack smith's argument that former president trump should be held accountable for his actions on january 6th? >> so what really jumped out at me was looking at those buckets of interactions with mike pence. a lot of that detail was new. and so in looking at those, the supreme court has said they're talking about official responsibilities, that's official conduct, but you can still even with respect to official conduct rebut a presumption of immunity attaches if you can show there's r

this is a jack smith pleading for both the court and for public attention. again, in a case where jack smith pushed this ridiculous theory of a speedy trial a non-incarcerated defendant who is waving speedy trial really had to go to trial before super tuesday. that's the tell here that this entire thing is politicized. a real part of justice wouldn't be pushing for a speedy trial. they'd say, we're going to be transparent. we're going to turn over everything we can turn over. and you tell us when to try a judge that didn't happen? been hearing that poisons everything that comes after it. >> well, i mean, the judge here is the one making the decisions. it's not jack smith who released this today was the judge, but but jim, you represented trump on this issue. so when trump is claiming and his team is arguing, everything that was done was in his official capacity as president therefore, they've argued none of this can go to trial the special counsel saying it's hard to imagine stronger evidence that conduct is private, that when the president excludes his whit

and so what jack smith is trying to do is say that's the line between official and unofficial. it's an understandable effort because these vague categories, at least the hatch act, gives give some form to that those distinctions the problem with that argument is that the president himself is not covered under the hatch act. the president is allowed to do both his official duties and of course to campaign. so i think it helps him somewhat to try to draw this line. but since the main character in the drama is not covered by the hatch act, it's not it's not quite as helpful as he wants the filing references contemporaneous notes that vice president pence at the time during a wrote during a meeting with the former president when lawyer john eastman was asked to explain, depends why he should reject the electoral college votes. >> how important would those contemporaneous notes being a trial well, we've almost always gone back to what the jim comey contemporaneous notes, things was. >> right. and that was because kentucky and radius notes actually buttress the credibility of a perso

however, smith is claiming trump's actions were not part of his presidential duties.he filing details trump's actions on january 6th when thousands of his supporters stormed the capital. it claims trump was advancing his own self-interests against the will of the people. cbs' scott macfarlane now with new details. >> reporter: the special counsel alleges former president donald trump resorted to crimes, focusing in particular on trump's alleged interactions with then vice president mike pence, who had refused trump's insistence he stop the electoral certification on january 6th. throughout the 165-page filing, smith alleges trump was acting as a candidate or as a private citizen, not as president when he was claiming the election was stolen. >> the prosecutor office is trying to establish evidence that this is private conduct charged here and therefore immunity, sweeping immunity provided by the supreme court in a decision this summer does not apply. >> reporter: when told pence's life was in danger, according to the filing, trump responded by saying, "so what." the n