Atlanta, and its sparking speculation that another indictment could be coming very soon for the former president. And also ahead well look at a special election today in the state of ohio that could change the rules for amending that states constitution and how it could impact Abortion Rights there. Good morning and welcome to way too early on this tuesday, august 8th. Im jonathan lemire. Thanks for starting your day with us. Well get right to the news, and it was another fast moving night on the legal front yesterday in the newest federal case against donald trump. Judge Tanya Chutkan has summoned both sides to appear for a hearing no later than this friday, after they were unable to reach an agreement on the terms of a protective order requested by special counsel jack smith. Just before 5 00 p. M. Yesterday trumps lawyers filed a response pushing back at smiths motion to bar trump from sharing sensitive evidence on social media. They argued this and ill quote, in a trial amount First Amendment rights, the government seeks to restrict First Amendment rights. Trumps lawyers also claim he had the right, meaning trump, to respond to President Joe Biden since the current president was, quote, capitalizing on the indictment with this tweet of biden drinking out of a mug. Not quite sure how thats related. A few hours after trump teams filing, smith responded with a filing of his own claiming the former president was looking to, quote, try this case in the media rather than in the courtroom. And just minutes after that judge chutkan issued her response, ordering both sides to submit their availability today for when they can attend a hearing on the matter later this week. Joining us now State Attorney for palm beach county, florida, our friend. Dave, great to see you. Lets talk about what weve seen here, about this protective order battle playing out. Were going to know in a few days where the judge lands. What are your thoughts . Good to be with you, jonathan. Judge chutkan seems to be responding to delays in the Southern District of florida in judge cannons case by accelerating in washington, d. C. At 9 00 p. M. That night she issued that order on the protect order request and saying were going to have a hearing by the end of this week, so she seems determined to have this trial completed before this November 2024 electionch and theres some irony in all this because trumps lawyers say this all about transparency, we want more information out there. And jack smith is saying, no, youre trying to use this information to harass witnesses, and any way you just did the Full Ginsburg says trumps lawyer, meaning he did all the Sunday Showsch you showed your hand in trying to try this case in the court of public opinion, and besides the ironic part is if you really were about transparency, you seem to want a speedy trial because that would get all the evidence out in the public as soon as possible, but trumps legal team is trying to do the opposite. They want to push this well past the 2024 election, not quite a transparent motivation. And certainly, you know, some balance needs to be struck here. Hes also running for president. Theres going to be expectation he can talk about some of those posts and comments over the weekend certainly appear to go too far. Theres more legal stories about trump we want to ask you about and whats being seen as a potential move in favor of trump, the judge overseeing the classified documents case in florida struck two of the filings in court yesterday. Judge Aileen Cannon rejected special counsel jack smiths bid to preserve grand jury secrecy through sealed filings. In a ruling judge cannon asked federal prosecutors to explain the use of grand juries in florida and washington, d. C. In the classified documents case even though the charges were ultimately filed in south florida. She ordered prosecutors to respond by august 22nd writing this, the response shall address the legal propriety of using an out of District Grand Jury proceeding to continue to investigate and or to seek postindictment hearings on matters pertinent to the indicted matter in this district. A lot to get to there, but Daily Beast Points out this. While much of the maralago documents case is being handled out of judge cannons district, a portion of the grand jury work ahead of trumps indictment was indeed done by a d. C. Grand jury which judge cannon appears perplexed by. In a separate blow to the special counsel the judge also removed two filings by prosecutors about defense attorney stan woodwards potential cop flict of interest striking them from the record entirely. Government lawyers pointed out that woodward who is serving as attorney for Codefendant Walt Nauta has also represented at least seven other clients who prosecutors have interviewed about trumps alleged efforts to keep classified documents after he left the white house. A Government Filing also revealed that two of woodwards clients could be called as Government Witnesses in the trial. That means woodward could be put in the position of cross examining past or even current filings. So, dave, plenty to weigh through here. Lets get your reaction, though, simply to what went on in judge Cannons Court yesterday on both of these matters, and do we think this is an assist to donald trump in this case . Yeah, jonathan, i thought we would see cannon 2. 0 this year, and this Resembled Cannon 2022. Here she rejected a pretty reasonable motion to keep matters sealed by the special prosecutor, and then she went Above And Beyond to turn a routine matter into a bizarre insinuation jack smith is somehow engaged in wrongdoing by something this additional grand jury in washington, d. C. Well, first off she released that information to the public when really youre not supposed to, but i guess shes a federal judge so i guess she can. But on top of that she seemed to criticize the special counsel. She demanded both sides have a document of pleading that would discuss the propriety of having such a Special Grand Jury up in washington, d. C. Well, look, you can have a grand jury in washington, d. C. Because you could charge this case in washington, d. C. According to the federal law you could charge obstruction in d. C. In fact, you could even charge it in new jersey because you have some of the action in this case occur in bedminster. Remember the improper dissemination of the documents. So i think that judge cannon is off base on this one, and i think that if they appealed it, they could get a favorable ruling by the 11th circuit, but i dont think jack smith is going to ask for her recusal or removal on this case. I think thats such a high burden, High Standard i think theyre just going have to grin and bear it and deal with it. Theyve got this other case in washington, d. C. Which is moving faster with a judge much more experienced, judge chutkan. All right, we certainly appreciate the legal analysis this morning. State attorney for palm beach county, dave aaronbering, thank you. Im sure well speak to you before long. Meanwhile, were now in the second week of the Fulton CountyDistrict Attorney fani willis indictment decision window. Security around the courthouse has increased and so has the number of people who have received subpoenas to testify before a grand jury as part of the d. A. s presentation to seek indictment. Nbc news can now confirm at least four more people received subpoenas. Among them former Lieutenant Governor jeff duncan. As we await final Indictment Decisions the Wall Street Journal is reporting it is likely we will see Racketeering Charges against the former president of the United States. This is a reminder here the d. A. Has suggested this Indictment Window would be some time within the month of august. Still here on way too early after repeatedly dodging the question 2024 white house hopeful ron desantis acknowledges finally donald trump 2020 election loss. Plus, Senate Minority leader Mitch Mcconnell gets heckled in his home state. 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Yes or no did donald trump lose the 2020 election . Whoever puts their hand on the bible on january 20 every four years is the winner. Respectfully you did not clearly answer that question, and if you cant give a yes or no on whether or not trump lost of course he lost. Trump lost the 2020 elebz . Of course. Joe bidens the president. Now, after that remark desantis tempered his response suggesting the 2020 election was not perfect. Elsewhere former Vice President mike pence has qualified for the first republican president ial primary debate thats going to be held later this month. And pences campaign confirmed last night that he surpassed the 40,000 individual donor requirements he needs to make the stage. He had already met the committees polling threshold. Hell join at least seven other candidates who have met Debate Requirements potentially making pence the last candidate to qualify. At this point its still unclear whether pences former running mate, donald trump will participate in the debate. Trump has suggested that he will not. Senate minority leader Mitch Mcconnell, meanwhile, was met with jeers and calls to retire while speaking at an event in kentucky over the weekend. Take a look. Its not hard for republicans to look good these days. Were up against the folks who gave you record high inflation. Were up against folks were up against folks who let a defendant walk free to get tough on crime. A spokesperson for mcconnell later tried to spin it this way calling it a spirited event where democrats have heckled every republican and Vice President for decades. Others though, suggest a lot 06 that noise was being made by Trump Supporters in the crowd. Still ahead well turn to sports and a bad look for one of the best teams in baseball. Well explain the controversy surrounding the Baltimore Orioles management. 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Speaking of managers being ejected the New York Yankees skipper aaron boom was tossed for an ale sixth time this season and 32nd time in his managerial career. It came after Anthony Vulpe was called out on strikes in the eighth inning with Frustration Building for the yankees who left 13 runners on base and struck out 12 times last night. After boom was thrown out youre seeing it here, he put on a theatrical display at home plate drawing a line in the dirt where he thought the pitch was and he mimicked the umpires call. Replay showed, that might have been a strike. White sox beat the yankees 51. Meanwhile the yankees Shortstop Tim Anderson went 02 with two strikeouts remaining in chicagos lineup as he appeals a sixg