The Special Counsel charges donald trump with conspireing to shatter the american experiment. The ha 45page indictment nar tat rates a plot to stay in power after losing an election. And it does so with some new evidence, including realtime notes from then Vice President mike pence. The politics, the third Trump Indictment slipped the field into familiar camps. The charges will also test joe bidens resolve to do what is sometimes unnatural. Stay quiet. The consequences, how the prosecution plays out in court may determine the future of both donald trump and american democracy. Im dana bash. Lets go behind the headlines and inside politics. Tomorrow a court date for the former president here in washington. Today the country gets a line by line look at The Plot Against America and the alleged crimes of donald trump. Central to the indictment is the Special Counsels assertion that trump knew that he lost the election and pushed lies to stay in office any way. Describe d in the indictment it was fuelled by lies. Lies by the defendant, targeted at obstructing a Bedrock Function of the u. S. Government and a a nations process of collecting, counting and certifying the results of the president ial election. We start our coverage with Katelyn Polantz at the federal court, which is your home away from home at this point. What do we know about what to expect in the next 24 to 36 hours . Reporter we do expect donald trump to have to come to washington, d. C. , again to face these charges for the first time. We him to be here for that initial appearance tomorrow at 4 00 p. M. Before a Magistrate Judge in this court, before he then goes on to have his case sheparded by Federal District judge through to trial. Its notable to see donald trump arrive here back at this court tomorrow, which we are expecting because we are not very far from the u. S. Capitol itself. These judges after the Capitol Attack were in this building behind me. They could see out their window barricades and militarize d presence on the streets protecting the u. S. Capitol after that riot. These judges have had to make sure they are overseeing Hundreds Of Rioter prosecutors, getting those people through the system, looking at those prosecutions, sentencing many of those convicted rioter def defendants from january 6th. Now they turn to this additional case against donald trump himself. So really just a notable scene that were going to have to tomorrow. And when you step back for a second and look at this, this is really a case that boils down of everything the Justice Department had been looking into, everything that congress had been looking into with the house select committee. Now putting it together for a case against donald trump, a conspiracy to defraud voters, to defraud the Electoral College process to certificy the vote a the conspiracy to defraud the u. S. Government itself and the transfer of power. Thank you so much. I havent even thought about that point that you made at the beginning that where youre stand ing is really almost a stones throw from the u. S. Capitol. You walk out the door and turn left and you can see it. It really is a powerful thought and an. Appreciate it. Now a very active morninfor the former president on his social media company. The indictment is fresh fuel for his stream of consciousness rants. He calls the indictment unprecedented and a wakeup call to the world. Kristen holmes joins us live from near the former president s club in bedminster, new jersey. Reporter dana, it is unprecedented. You have to give him that. This is a former president and a current candidate for the presidency in 2024, who is being indicted with his third indictment. Heard the same playbook that we have heard. This is political. This is because of the corrupt doj, the corrupt fbi, this is all because he appears to be poised to be the front runner or republican candidate in 2024. But whats really interesting to point out in this case is that they are trying to completely flip the script. The current president is being charged with attacking democracy and yet they are saying that these attacks on him are somethinthat would come from a dictatorship. I wantad the statement they put out yesterday. The lawlessness of these Pe Persecutions of President Trump and his supporters is rem any sent of nazi germany in the 1 1930s. The former soviet union and other authoritarian regimes. So clearly here, trying to flip the script. The question is whether or not this is going to resinate with donors. And the big question here is whats going to happen tomorrow. We have not gotten confirmation from the trump team on what their lances are, if they are going to show up in person or not to the courthouse, although we do anticipate he will be there in person. Flip the script is a very diplomatic way to put an allegation or an illusion to nazi germany given what we had seen. Here to share their reporting is paula reid, evan perez and cary cardaro. I want to set the table of this conversation from the heart of the indictment at the beginning. It reads these claims were false and the defendant knew they were false. Tified repeatedly his claims we urue, often by the people on whom he relier candid advice on important matters and who were best positioned to know the facts and he deliberately disregarded the truth. This gets into the former president s state of mind. Its something youre going to hear from the lawyers over the last 12 hours or so from them that how do they know that he didnt believe this fraud. Hes continued to make the claim that there was fraud in the 2020 election. Its probably one of the best things he has done for himself frankly. Hes stuck to that script. And it is a challenge. It is going to be a challenge for prosecutors. What they are going to do is what you saw in that indictment, where they describe and literally list all of the different people at the former president has relied on that he picked, Vice President pence, his intelligence, all the people in the intelligence community, his former attorney general, his acting attorney general, his white house counsel, his Chief Of Staff, everybody was telling him what was true, and he chose to listen to lets just say another group of people. Who were not experts. And so what the prosecutors are going to make the claim or going to draw a picture for a future jury is that he should have known because he was being told by all of the people that he relied on for all other matters of National Security importance. When it came to the time he didnt like the results of the election, he decided to listen to Rudy Giuliani and some of these other people. You said that the former president has stuck to this script that he won the election. It still happens every single time he goes out on the Campaign Trail and any chance he gets. What was really note worth any was that his attorney last night didnt make that argument. Lets listen to a little bit about what he told kaitlan collins. The government has had three years to investigate this. Now they want to rush this to trial in the middle of a political season. What does that tell you . Our focus is on the fact this is an attack on free speech. And theres nothing thats more protected under the First Amendment than political speech. So its the timing. Its free speech, and i just before i bring you in, im really curious to know your take on this, lets hear from one of the, what we believe to be one of the unindictmented Cocon Spoor Torts on this same topic. Thats Rudy Giuliani. Violating the right of free speech of an american citizen, never mind whether he was president or not. It could be anybody. He could be a homeless person wp you dont get to violate peoples First Amendment rights no matter who you are or how sick you are with trump derangement syndrome. This isnt the first time you have acted like an unearth kl lawyer. It should be the last. What is missing from all of that is a defense that is donald trump won the election. They are even going there on the election lie. What does that tell you . These are arguments in the court of Public Opinion. Rudy giuliani is yell about his First Amendment being infringed about while hes posting on social media and appearing on tv. No one is infringing on your First Amendment. You have multiple platforms to say whatever you want, including that the election was stolen, but you cant use that as a basis to go and try to actually steal it. Im not saying were not going to hear from maybe not the president s lawyer, but others. But in the immediate aftermath of this indictment coming out, that was notably absent from their defense. And i think its their playing to the court of Public Opinion. This is an extremely dense indictment. Where you see photographs of the documents and it cuts through this. Theres not a the lot of new information. These appear to be not so much legal arguments as just ar arguments to the general public. The government is attacking me. They are infringing on my freedom of speech. They address that in the indictment. You are absolutely entitled to lie, but you cant engage in what they say is an unlawful scheme to steal the election yourself. Heres how i think the indictment is trying to navigate this First Amendment line and the allegations that its based on First Amendment tuft. So what the indictment says is the former president was free to say things. He was free to say he didnt believe the outcome of the election. Whether or not that was true or not or whether or not he believed it to be true or not, hes free to say it. With the indictment alleges is that hes tried to corrupt the institutions of government in order to overturn the election. Then they lay out the facts for how he tried to do that. So he tried to do that through trying to corrupt the institution of the Justice Department, to try to get the Justice Department to take official actions that would undermine the Election Outcome. Try to get State Legislatures to take actual actions, use their authority as Government Actors to overturn the Election Outcome and try to use the authority of the institution of the Vice President of the United States to overturn the rightful outcome of the election. So what they do and what they dont charge is they dont charge incitement. Im glad you brought that up. Its a very astute point. Lets look at more of the issues thate been out there that are notably absent. Incitement is one of them. This is part of organizing and fuinof the january 6th rally. Planning to seize voting machines. Any link between donald trump and the extremist groups, those that attack the capitol and whole of that reporting and questions about that chaotic meeting at the willard hotel, which is right next to the white house, between a lot of the trump even some of the trump cosconspirators. One of the key witnesses is coming in next week to speak with investigators. Not going before the talking to investigators, which is one of several signals that we know to continue to collect evidence. Some of the witnesses have asked, is this grand jury still active. Are you working on an indictment. And the Special Counsel signalled yes. What the charges will be is unclear. I want to quickly ask you about your reporting and conversations that you have had about the timing of doing this now. Conversations that went on inside the office of the Special Counsel. When i say now, i mean now because of the political calendar. I think theres a lot of sensitivity to it. I think they understand the criticism, including what youre hearing from some of the political figures. Fearing with an election, you see this indictment very tight. Its very limited. All of those things are not included here. What they want is to try to get this in before. So the voters have something that is completed before. We dont know they are going to be successful, but before they cast a ballot. There is an argument to be made that they may have waited too long. But all of those things that you just listed is why it took this long. They need it to look at the financial aspects. They need to look at whether ex exists, there was any direction. They need to look at all those things before they can bring that case. That takes awhile. Maybe this is an unanswerable, but is it possible they had strings or threads on a lot of these but decided to keep it very narrow . Think there certainly would have been avenues of investigation that they would have gone down. And they would want to bring only the charges they had confidence they could actually win on. And thats the standard that the prosecutors would have to use. The biggest question to me is former president is the only one named on that indictment. And even if his conduct is its unclear if im sorry to interrupt. We have some breaking news. S. A life or death decision today from a pittsburgh jury. The jury decided if the mass shooter convicted of gunning down 11 worshippers inside a synagogue will face the ultimate punishment for his crimes. I want to get straight to Danny Freeman outside the courthouse. What do we know . Reporter dana, after a trial that spanned over nine week, more than 100 witnesses called and 5 years since that deadly attack at that pittsburgh synagogue in 2018, a jury of five men and seven women moments ago sentenced the 50yearold to death for those crimes. Now dana, we look through a lot of these jury form, Mitigating Factors and i want to explain to you some of the things that the jury clearly did not buy when it comes to the defense that bowers attorneys tried to mount. No jurors bought the alternative thesis for a motive that this was an attack about anything else other than trying to kill jewish people. Sezero jurors bought the defens that r better bowers suffered from schizophrenia and had skepticism about the childhood difficulties that the defense tried to bring up to spare his life, including attempted suicides and also the jury was skeptical when the defense said that mr. Bowers had abnormalities in the brain. All reasons the defense tried to say should spare his life, but in the end, when the jury waved those Mitigating Factors against the aggravating factors, killing 11 jewish worshippers in october of 2018, specifically because they were jewish, not only that, but showing no remorse, the prosecution argued, throughout the duration of this trial. At one point, a Defense Witness actually testified that bowers enjoyed listening through the trial to the evidence that was presented. The jury agreed with the prosecution on that front. This is the result that we are looking at that sentence of death. And you want to put this in a bit of perspective for you. Theres only been two Death Penalty cases or trials in this Biden Administration, but the prior one, the jury came back with a verdict of life in prison. This is the first Death Penalty verdict and decision and sentence in the Biden Administration so far for 50yearold robert bowers, the pittsburgh synagogue shooter. Very important context, as is the fact this was the deadliest ever attack on jewish people in the United States. It happened amid a rise that continues in antisemitic attacks across the United States. I should also note that a lot of times with Mass Shootings of any kind, you dont the families and victims dont see this kind of justice because the perpetrator ends up dying. Thats not what happened here. This has been justice in a court of law. This is the end of that judicial process. I appreciate your reporting. Thank you so much. Were going to have more news ahead. Stay with us. Dles the driving. Pack at your pace. Store your things until youre ready. Then we deliver to your new home across town or across the c country. Pods, your personal moving and storage team. Yes, i need a trim. I just want to be able to cut the damage. We tried dove instead. So, still need that im . Oh my gosh dont trim daily damage. Stop it with dove. I need it cool at night. You trying to ice me . 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