79 at cardia cardia. Com or amazon im Arlette Saenz in rehoboth beach, delaware and this is cnn good morning. You are live in the cnn newsroom. Im Jim Acosta in washington again, this morning with special Counsel Jack Smith not backing down and bringing a retooled January 6 case against former President Donald Trump in a new indictment, federal prosecutor theres made some tweaks after the Supreme Courts controversial ruling giving for president s Donald Trump immunity from prosecution for official actions he took while in office. But all four of the Felony Charges remain accusing trump of attempting to defraud the government by obstructing the certification of the 20 in 20 election and trying to strip voters of their rights. Trump calling smiths action quote, An Act Of Desperation and ridiculous. And hes demanding that the case be immediately dismissed. The new indictment underscores the immense personal significance of a Trump Victory come this november, if he returns to the white house, he would have the authority to shut down this case and another federal case, the classified Documents Case against him. Lets bring in cnns alayna treene. Alayna, what comes next with this indictment and hows the Trump Campaign Responding . Well, look the Trump Campaign is fighting exactly the way that you would expect them to Donald Trump had sent a series of posts on this last night including into this morning calling this a hoax, saying that this is Election Interference. He noted that early voting starts in just ten days, i believe on september 6. And so thats what theyre sayisaying about this that, Jac Smith and his team are using this as a way to interfere in the upcoming election. All the things we have heard him say repeatedly luck what comes next . I mean i think theres a lot that still needs to be sorted out with this. And i think its clear that Jack Smiths team is not backing down just because of that supreme Court Ruling does not mean that the indictment went away. They are arguing that many of those things that he did were not official acts. Including having Mike Pence try pushing him to not certify those Election Results on January 6, 2021. And so i think were kind of back to where we were before with how the Trump Campaign is responding. Theyre fundraising off of this. I think you could have expected that given that theyve been successful in those efforts in the past. But this is going to continue to be a Key Line of Attack Pack for them. And it is something that weve seen has worked at least with his base of voters. Its unclear how this will actually play with some of the more moderate independent leaning voters that theyre crucially targeting right now. Yeah. And alayna, something else weve been talking about this morning. There are accusations if physical altercation at Arlington National Cemetery during Trumps Visit on monday involving some Campaign Staff or perhaps one staff member. What can you tell us yeah, this is its still unclear exactly what had happened. I think what is clear is that both the cemetery as well as trumps campaign to say that there was some sort of incident that happened. And im told it was happening but it was not during the wreath laying ceremony. But when Donald Trump actually went to lay flowers at a Burial Site for some of the fallen soldiers who are, who were killed during the abbey Gate Attack during the Troop Withdrawal from afghanistan now, im going to read for you some of the backandforth from both side. So Donald Trumps team has been circulating this letter that some members of those families have been sharing. It said, quote, wed given our approval for President Trumps official Videographer And Photographer to attend the event ensuring these sacred moments of remembrance were respectfully captured and so we can cherish these memories forever and again, this is from some of the Family Members of some of those soldiers who were killed now the cemetery and i think theres a difference here just because the families may have said that they had given their blessing does not mean that the cemetery dead and there is a federal law that prohibits political campaign or electionrelated activities within the army national Military Cemeteries from engaging in some of this activity according to a statement from the cemetery obtained by cnn, they wrote that it had reinforced and widely shared this law and its prohibitions with all participants which includes photographers, content creators or any other the persons attending for purposes or indirect support of a partisan political candidates campaign. Okay. So i actually talked to i just got off the phone with a Trump Adviser about some of this. I think theres a lot of he said she said going on, its very unclear. We do know that the Arlington National Cemetery has filed an incident report. We have to see how that will get resolved, but i mean, obviously this is a very sensitive moment. It was a stolen moment did the trump camp, perhaps overstep and what they were doing . I think we have to wait and see what happens when this report was filed, what the rule says, you cant bring your Campaign Videographer with you you cant do it. I mean, thats just the Roof Arent Lana treene . Thank you very much. Joining me now, republican strategist matt gorman, cnn political commentator, jamal simmons, and cnn legal analyst Norm Eisen. I should note norm is outside counsel for the democracy defenders pac, but normalise jump right into this. This is a Superseding Indictment. It replaces the old indictment a different Grand Jury was used in this new indictment. What can you tell us . There are some differences here, but the thrust of the case is basically the same. Thats right, jim. The Supreme Court established a test and whatever you think of The Sun the prim courts decision, which has been widely criticized for going too far and taking too long. Theres now a distinction official conduct. Donald Trump Cant be prosecuted for unofficial conduct, personal conduct, campaign conduct. He can be and what Special Counsel . Jack smith has done with this Superseding Indictment, a Replacement Indictment is strip out anything that might be arguably official for example Donald Trump talks to his Department Of Justice. Look, theres an argument a president Talking To Doj thats official all of that is out of the original indictment the out of 45 pages, theres now 36 left, so nine pages cut 130 paragraphs of allegations, 106 left. But what remains is this scheme tell lies to get fake electoral certificates and use those to pressure Mike Pence to recognize that the loser of the election was actually the winter that guts of it is all political. It remains i do want to shift gears, Go To you, mat on this incident at Arlington National Cemetery . Terry, and get your response. We just heard alayna talking about what what is your reaction to that yeah. Look, this is just unfortunate all the way around, right . It seems like alayna said it was some sort of he said she said i did see that letter and then lucas ohara, who was one of the somebodys with the Trump Campaign that they have veteran also spoken Support Stephen chung, who was a Trump Adviser, also tweeted out some guidance we got from Arlington National Cemetery. Look, this is a he said she said its unclear what happened, will probably never know the actual details of this thing. But ill say this look, it was a somber moment that unfortunately, hopefully hes not marred by this and i also do in a political sense but i just me follow the rules. If you Go To arlington, if the rules say you cant do campaign related activities, arlington, its Arlington National Cemetery. I dont understand this. He said she said stuff. I mean, if If Arlington tells you you cant bring your videographer to a Grave Site you comply. I dont know how is this . I dont understand how thats, you know, how you can theres Wiggle Room there well, i think just said the Trump Advisor tweeted out the guidance. He not so again again, we dont know the facts here. We can extrapolate out but again, i think what i would expect to see either Trump Campaign using Ana Stand as a issue in the campaign and the withdrawal of that, that was when you really saw Joe Bidens Poll numbers almost permanently go down August Of 2021 jamal. Whats your response . What do you think its sad . Thats my response. Its sad that we had a president united states commanderinchief, somebody who is we entrusted with the full Faith And Confidence of the american people to execute the laws and to protect us and keep us safe and to lead our troops and Hes Somebody who just saw in that he doesnt have that high regard for truth. And i got it. I got to tell you when it comes down to it, i take John Kellys Word over this Down Trump from the incident at the previous cemetery where general trump was sewn to say that he just didnt understand why people would make that sacrifice. We heard him say himself that he thinks that the mettle for the civilians is better than the medal for the troops. I just think that its just a sad day that were even considering this man being Commander In Chief again, it just seems like its disqualifying i do want to button up the January 6 conversation. I mean, one of the things that we brought up earlier, norm with respect to this new retool, Jack Smith case, is that in this dovetails out of Whack Jamal was saying, if Donald Trump is elected in november, if he becomes president again, the January 6 case goes out the window, essentially, right. The classified Documents Case goes out the window. Those cases are essentially gone come January 6, 2025. Thats right, jim, because those are federal cases to end the president has two powers, is like a onetwo punch that can knock those cases out. He can simply order the Department Of Justice to dismiss him, and he can try to pardon himself, but this explains why Donald Trump and his allies are in such a rage this morning. Jack smith with a new Superseding Indictment, less than 70 days away from the election. As reminded everybody Donald Trump is alleged to have engaged in very serious 2020 Election Interference fahrenthold. Will he do it again in 2024 hes been convicted of it, 34 counts of Election Interference and cover up in Manhattan Court in 2016, paying Hush Money to hide information from voters. And now smith has reminded us this election is a referendum, will Donald Trump be held accountable or not very important move. And jamal, Vice President harris, Governor Walz, theyre going to Sit Down with Cnn Tomorrow for their first interview. What do you, what do you think she needs to save . We need to get across in your Mind Right . Yeah. The Vice President s headed down the georgia, which is a place i know pretty well with the cause they are worked for Center Cleveland when he was there and shes got the great Advice Somebody named quentin fulks, Whos Deputy Campaign manager who ran Senator Raphael Warnock Campaign down there. And so what theyre trying to do when they get down to georgia was is important. Is theyre trying to shave some of the margins in these, in these rural counties that their campaigning in, right . So 25 of these rural counties are african africanamericans. You think about atlanta, and Atlanta Suburb lets be in the place where you campaign, but theyre going to try to tweak up those margins in some of those rural counties. So shes going to shes going to do a interview at the same time. And this interview with Governor Walz, which will happen in georgia, which is incredibly important state for them, will set some context. One of the things weve been talking about for the course of the last week is you dont just do an interview just to do an interview when youre on a campaign, you do it because youve got something to say. Youre trying to advance something that you want people to pay attention to. And i think they want people to pay attention to georgia and to what theyre trying to do in these rural counties, not just in georgia, but in places like North Carolina where 17 counties that Joe Biden won by more than 35 of the Vote Theyve got to get those margins up and they want to show people in those rural counties that theyre paying attention to them. Theyre important to them, and that they need them to support the Harriswalz Ticket . Yeah. Matt, what do you think of that Campaign Tactic that the Harriswalz Campaign is laying out. Are they want to Go To some of these rural counties . You and i both know that that has been solid Trump Country for the last several years. Harriswalz trying to cut into that. And what do you think yeah. No look, theres an old Spree Lyric about pocan a dead dog with a stick to see if it runs. I think when kamala and tim to catch it over the ticket from Joe Biden, you saw them kind of poking at certain things and seeing if it was really closed off to all democrats are close up to just Joe Biden, like for instance, maybe georgia or North Carolina was only closed off to Joe Biden as were seeing some more competitive polls now immigration going on offense that might be closed off to more democrats writ large. I think a little bit of Testing Phase right now it makes sense to do from a purely political perspective all right, Norm Eisen matt gorman, Jamal Seven thanks very much, guys, really