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CNN CNN Newsroom With Jim Acosta September 6, 2024

A key hearing in trumps federal Election Subversion Case gets underway. Its the first since prosecutors revise their indictment last week following the supreme Courts Landmark ruling on president ial immunity. Earlier this year on the left side of your screen you will see whats happening in court coming from our reporters in the room. Lets get straight to cnn, chief legal Affairs Correspondent Paula reid shoe. Shes outside the courthouse for us. Paula, what are we expecting . Oh, good morning, jim. Today is all about how to move forward in this case after the Supreme Court issued an opinion that really limited what prosecutors can charge former President Trump with and which evidence they can introduce in this case. Now there are no cameras in federal courts, so we are relying on our team of reporters inside to provide us with updates. Also, the former president is not in attendance today. He that appearance has been waived. But what we expec is that Judge Tanya Chutkan, let me tell you, jim, she is all business. Shes going to come in with a plan. Shes going to have questions for him Defense Attorneys and for prosecutors all about scheduling and how to move forward. Now, a source familiar with the trump legal Team Strategy says they believe that a win here is really just delaying anything of substance until after the november election. Now, the Special Counsel, they havent put forth their own schedule, but they also havent agreed to that one. So were going to watch very closely to see how the judge is leaning in terms of how quickly she wants to proceed. The one Thing Everyone seems to agree on here, though jim, is that theres no way this case is going to trial anytime soon. All right. Paula stick with me. And lets bring in cnn senior legal analyst, elie honig, cnn legal analyst and former you moments ago, is that its its obvious now at this point, were not going to get a trial before the november election, but there is the possibility that we could get some kind of evidentiary hearing which might add some details. So what we know about this case, so thats exactly what im watching for here. Judge chutkan welcome out and say, okay, parties, we have to go through this messy process now of figuring out what parts of the new revised indictment are still okay for trial which are not she could say were going to do that on paper. Youre going to write briefs. Im going to decide im going to issue a Written Ruling or the parties have not asked for this, but she would be within her rights to say were going to have a hearing and im going to need to hear from certain witnesses and that could happen, jim, really quickly, that could happen later in september in october. And so if the question is, how is this going to impact the election which im sure is on everyones mind. Thats the possibility that could have an impact on the election if we have a scenario where Mike Pence, for example, is getting on the stand in line say late septemberoctober, parties have not specifically asked for that, but its within Judge Chutkans purview. Okay. Gotcha. And we should note to our viewers, you can see in our Side Panel there a Judge Tanya Chutkan has taken the bench of the hearing is underway. Karen, let me go to you next. The Attorney General, Merrick Garland was asked yesterday about his confidence in the Special Counsel, Jack Smith. Ahead of this hearing. And heres what he had to say i stand by the actions of the Special Counsel the Superseding Indictment is an effort to respond to the direct instructions of the Supreme Court as to how to effectuate a new indictment in an ongoing case . The Special Counsel is required by the regulations to follow the policies of the Justice Department including the election sensitivities, policies. And im quite confident that he did so karen, what do you think about all that well, one of the things that trumps legal team is going to do is challenge the Appointment And Funding of a Special Counsel at all. Dont forget in the maralago documents case, a judge down there, judge. Aileen cannon found that it was inappropriate and invalid to be able to appoint a Special Counsel. So theyre going to be making that same argument here in front of Judge Tanya Chutkan. I dont think that that is going to have any merit, but its certainly adds to the Motion Practice and the delays that elie was talking about. And showing that this is not going to happen anytime soon yeah, im paula. I mean, you were saying a few moments ago were probably not going to see a trial before the november election, but do we have any kind of sense as to when one might happen . I mean, theres always the possibility that we could see something next year, i suppose. What do you think yeah, look, a trump is reelected. Former president is reelected. He will make this case. On the other federal case, go away. His Attorney General will dismiss them. But if hes not reelected according to the sources, ive spoken with, are familiar with both sides thinking is look there theres no way this is going to go to trial until next fall at the earliest because there are so many outstanding questions that still need to be resolved and litigated. I am told that a source familiar with the Trump Teams thinking is that theres no way this case goes to trial without at least one more trip back to the Supreme Court because there are a lot of questions about what evidence can be introduced in this case. While the Special Counsel did file a revised indictment last week, there are still pieces of evidence, including conversations that he had with his then Attorney General, Bill Barr, the Vice President Mike Pence. Does the defense will argue should be tossed out under the Supreme Courts opinion. So im told, look, this case is not going to trial anytime soon. Next fall the earliest, but there is likely at least one more trip back to the Supreme Court before this goes to trial. If it even survive Supreme Court review. But jim, some of the color were getting from inside the courtroom is actually pretty good. Our colleagues are reporting sort of on the rapport between the judge and the lawyers. Ive been in court in this case and i can tell you theyve been some pretty intense exchanges between Judge Tanya Chutkan and the Trump Defense attorneys but as she greeted the Trump Defense team, Judge Tanya Chutkin saying, quote, its been almost a year. You look rested to attorney John Lauro. He joked that quote, life was almost meaningless without but seeing you and she said, enjoy it while it lasts, perhaps signaling that this might not go the way the Trump Team hopes it will. But look, theres no love lost between the Trump Defense attorneys and the Special Counsel. But Judge Tanya Chutkin, she has a Firm Grip on her courtroom, but shes definitely has some spirited exchanges with both sides, and i think thats probably what were were going to see based on her mood this morning yeah. And the judge saying just a few moments ago, i dont intend to finalize his schedule at the hearing adding that she hopes to do so as soon as possible. And then now shes walking through each of the counts that trump has been charged with what are your thoughts so far . So whats happening here is called an arraignment. Now, people may remember theres so new indictment in this case, the original indictment dropped last summer and then last week, Jack Smith went and got what we call a Superseding Indictment, which essentially replaces the first indictment. So trump technically has to beat rearraigned on that advised of the charges enter his not guilty plea, ordinarily, a defendant needs to be physically present to do that. But because this is a superseding a second i can Indictment Trump was allowed to do that on paper, so a few days ago, he put in a piece of paper saying, ive seen the indictment. Ive authorized and instructed my attorneys to enter a not guilty plea, so theyre going through that formality now, trump is formally entering his not guilty plea as we see right there, i guess yeah. And the Defense Attorney has entered a not guilty plea on trumps behalf. To the Superseding Indictment of karen. Let me go back to you because elie was getting to a question that i have and that is to help our viewers out here a little bit. I mean, the charges in this case are so very serious. They have been slimmed down somewhat because of the ruling from the Supreme Court. But you know, there is trump is not Out Of The Woods legally lee by any stretch that is absolutely the case. Hes not Out Of The Woods. So the first indictment, the original indictment had four charges and the second indictment, the Superseding One that elies talking about that trump is being arraigned on right now as we speak, has those same exact charges yes the only thing that has been slimmed down is what is the evidence going to be to prove those charges. And so its all about the private conduct. Trump as a candidate, not as president. And that is what the indictment really focuses on and changes based on the supreme Court Ruling that said anything that because either Core President ial duties or official conduct is not appropriate as either charges or evidence in a case in a criminal prosecution of a former president so thats what Jack Smith did when he superseded this indictment. He took out any references to things where trump would have been immune now, of course, trump and his lawyers arent going to agree and theyre going to argue and thats what this is all about that exmouth still has inappropriate evidence and charges in there, so thats what Judge Chutkan has to sort through. Yeah. And elie, i mean, i guess we should note is says Trumps Attorney has confirmed that the former president has received a copy of the new indictment. But one of the things i think will be fascinating with this hearing, elie is whether we get any kind of indication from a Judge Checkin as to how shes going to proceed, whether she it feels as though things need to be slowed down because of what the Supreme Court did perhaps the case needs to be looked at differently because of the Supreme Court did what do you whats your sense of that . Im interested in her take on the new slimmeddown indictment. We saw the clip earlier where the Attorney General Merrick Garland said what Jack Smith has tried to do here is conform his indictment to meet the Supreme Courts the opinion. I think thats exactly right. I think thats what Jack Smith did. So i want to see is Judge Chutkan still skeptical of it or is her Point Of View more along the lines of well, now that we have this slimmeddown indictment, we should be in good shape or is she of the Point Of View of this indictment still needs to be trimmed down even further. Thats a key thing to watch for an interesting, all right, Everyone Stay with us. Justin well have more on this very key hearing in Donald Trumps federal Election Interference Case stay with us. Youre in the Cnn Newsroom Kamala Harris, Donald Trump, the debate. Everyones been waiting for follows cnn for complete coverage and exclusive pre and postdebate analysis. A cnn special event, the abc News President ial debate tuesday at nine eastern on Cnn And Streaming on max. I think really going to spend all Day Streaming College football on directv. Can you blame them . Theyve got the biggest rivalries and Bowl Games speaking up, frank, run a slant to the bolded chips. Bobby, one hook to the salsa what are you going to do . Coach prime, dont question you. Coach Matt Wealth changing question. Has your advisor create a portfolio based only on your Age And Risk tolerance . Thats simply not good enough. Your money deserves better and soda you. 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This is very interesting, Judge Chutkin saying, lets first talk about the Immunity Issue. The judge calling prosecutor Thomas Wyndham to the lectern to discuss the issue of president ial immunity. So theyre going to dive right into this led. This is very important, and im interested to see what the prosecutor says because Jack Smith took a slightly different tone in his recent filings from what he has he said previously, i mean, in the early stages of this case, Jack Smith was gungho. Lets go lets try this thing. No need for delay. He originally asked for a Trial Date for months after the indictment in his more recent filings, though hes sort of being a little more passive saying, well, its up to you corps, you, judge, you can set the dates and will comply. Were ready to go as necessary with our briefing, but Theyve Theyve taken the foot off the gas a little bit. So what he does here and karen, i mean, this is interesting, the prosecutor saying back to the judge, i dont think were going to typical situation here. That Panel Logistx Flash forward said, the Supreme Court has made new law and that is in reference to their decision about crimes committed allegedly committed by a president while in office, which the Supreme Court ruled on. Can you help us break that down . Yes. So never before had this supreme Court Or Anybody ruled on the question of whether or not a President Of The United States is immune from criminal prosecution. So it has been talked about and ruled in a civil context, but never before in a criminal context so thats what he hes referring to when he says that the July 1st decision on president ial immunity new law because it actually spelled out and for the first time ever in the history of this country said, a President Of The United States or a former president is absolutely immune from criminal prosecution for acts that are within their Core President ial duties and their presumptively immune for anything within the outer perimeter of his duties, which basically means when the president is doing his job and acting as president , he is immune from criminal prosecution. However, if he was acting as a candidate or a private citizen the acts were unofficial. Thats where you can be prosecuted criminally. Yanis, his prosecutors want a comprehensive discussion to both pled an unplugged acts in order for the judge to make holistic decisions on the issue of immunity. So obviously this Immunity Issue is playing out in paul, i want to go t

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