Youre giving him the it is spelled c h s e b r o. There are not the two ease together, but Kenneth Chesebros memo that the if they did not find in the investigation. He cites Harvard Law ProfessorLaurence Tribe to support his theory about the fake electors. Lawrence tribe is going to join us tonight this is one of the lucky bookings that preexisting this story. He is going to respond to somebody who is listed now as a coconspirator in the case of the january six who was in his memo apparently trying to lean on professor tribe. We will see if that works, when he joins us. That is what they call in the business a chefs kiss, great book, and cant wait to see it. Can we. Have a good show. The Breaking News this evening is friday at ten pm. That is when the judge in the newest prosecution of donald trump will convene the first hearing in that case yesterday. Judge Tanya Chutkan asked the lawyers and the case to agree on two possible dates and times that they would all be available for hearing this week. Jack smiths team of prosecutors made it very easy on the judge, saying that they would all be available at anytime. Wednesday, thursday, or friday. And then Donald Trumps lawyers replied that they would not be available on thursday because one of them has to appear in the case against donald trump in florida on thursday. The Trump Lawyers then asked the judge to schedule the hearing for Monday Or Tuesday of next week. At 5 24 pm this evening, the judge issued an order saying that the court hereby schedules a hearing on the parties perspective protective Border Proposals on this august 11th, which is friday, at 10 am. The primary business of that hearing is to consider with donald trump and his lawyers will be allowed to say publicly about the evidence in the case they will be handed over to them by jack smith and his team of prosecutors. Its a standard issue to be dealt with in cases like this that include green jury testimony, which both sides have already agreed cant be made public by donald trump and his lawyers. Donald trump is pretending the jack smith is trying to take away his First Amendment rights. We will be joined tonight by a panel of legal experts, no cattle, keys fleming, and bradley moss, he will consider the Trump Defense arguments. Also joining us tonight, as we said, Laurence Tribe, to respond to some of what Donald TrumpsCriminal Defense Lawyer has been saying, and to respond to reporting in the New York Times tonight about that memo. In a moment, we will show you some video of Donald Trumps speaking in New Hampshire today, claiming the jack smiths motion for a Protective Order on the evidence in the case as an attempt to take away Donald TrumpsFirst Amendment rights. Donald trump doesnt tell the crowd it his criminal Defense Attorneys have already agreed to most of the restrictions the jack smiths Protective Order is asking for. That would mean, that according to donald trump, his Criminal Defense Lawyers are also trying to take away his First Amendment rights. These thug prosecutors, these deranged guys, filing a court order, taken away my First Amendment rights, so that i cant speak. Listen to this. In other words, ill be the only politician in American History not allowed to speak. Because of our corrupt system. Leading off our discussion tonight, neil catio, former acting solicitor general, glenn kyis phone in cobb county, georgia, and bradley moss, an attorney representing people working in the defense community. Neil katyal, trumps First Amendment rights. Is jack smith trying to take away his First Amendment rights . Trump is right, he is the first politician, or at least the first president to be accused of several serious federal felonies. Theyre two different indictments. The idea that this has to do with his First Amendment rights is bogus through and through. I think the jack smith debunked it in a filing earlier this week before judge chutkan. What he said is, im not trying to undermine your First Amendment rights. Youre like to speak, but theres a difference between speaking and intimidating witnesses. Trump was warned about this, lawrence, at his arraignment. An extraordinary moment last week with the judge. The judge said, look, you cant go and try to influence jurors, things like that. He said he understood. And then within 24 hours, here is threatening basically intimidating witnesses might, pence, saying if you come after me, oh come after you to the whole world and so on. This isnt the way in any other Criminal Trial can operate. If you look this defendant get away with it, then every other defendant can get away with it. There is no First Amendment right here. If trump is right that it is his speech, its his social media post, what he says about pence, it is verbalized throughout speech. It is impermissible every day of every week because intimidation of witnesses often occurs through speech, and yet it is punishable and separately protecting the orders, other things like that. What the government is seeking here with the Special Counsel is absolutely reasonable. I think the trumps arguments are going nowhere. Instead of spending all of this time sending tweets and chatting with the press, i think that his lawyers should spend some time formulating east argument. If donald trump is indicted in georgia, well district to Tony Fani Willis be asking for a similar Protective Order in that case . I think we will have to wait and see what, if anything, the former president says about that particular case. I think that certainly if the pattern that we have come to no rings true, i wouldnt be surprised if she and her team made steps or filed motions to ensure that she was protected, her family, her staff, obviously the witnesses in the case. Bradley moss, as we showed last night, Donald Trumps lawyers, we put it on the screen, there and its on jack smiths Protective Order, Donald Trumps lawyers agree with most of the Protective Order as written by jack smith. Of course donald trump will be able to go to New Hampshire, anywhere else, and say that im not guilty of those charges all day. Hes allowed to talk about the case. The Protective Order simply says that you cannot talk about this evidence that the prosecutor has obtained, that it is handing over to Donald Trumps lawyers. Correct. These materials that hes going to get as part of discovery are supposed to be used as part of the trial. It is supposed to be used in the context of the criminal proceeding, in terms of determining whether or not he is guilty of these offenses. What donald trump wants to do and the doj made a pretty good point of this in their supply brief. They dont want this tried out in the court he wants this tried in the media. He wants this Volunteer Attorneys that can give documents, and they can filter it and wandered through various media outlets. They can sullied the Public Opinion of what is going on with those cherrypicked pieces of evidence. This is supposed to happen like any other trial. Youre supposed to be a normal defendant like any other defendant. Hes not supposed to be any better or worse. That is what the Justice Department is trying to ensure here. We have more news tonight on jack smiths grand jury that indicted donald trump last week in washington d. C. Nbc news is reporting that members of the grand jury were seen at the courthouse today. It was not clear whether they were Hearing Testimony from witnesses. Politico is reporting in a closeddoor interview on monday with Bernard Kerik, investigators asked multiple questions about the save america pacts enormous Fund Raising Haul in the weeks between election day and the January 6th 2021 attack on the capitol according to his lawyer. He was present for the interview and share details with politico. It is a laserfocused from election day to january 6th. He said that the interview as described by politico is the clearest indication of smiths focus after last weeks historic indictment, and arraignment will six alleged coconspirators including Rudolph Giuliani was identified in the indictment. None of them have been charged. The continued presence of the courthouse of the grand jury overseeing the matter suggests that additional charges might still be forthcoming. Well catch all, what does it tell you about jack smiths investigation but theyre questioning Rudolph Giulianis assistant, Bernard Kerik on monday, somebody who of course has already done three years of federal prison time for financial crimes and might be unwilling to do more prison time. Jack smith, lawrence, it has already tiptons hand in telling us that he is ready to bring a new set of charges and new defendants if you find new evidence. That is what has happened in the stolen documents at maralago investigation, what we call a superseding indictment. Similarly here, he is investigating for some time the save america pack, whether that pack and donald trump violated federal laws by raising money off of claims of voter fraud that they knew to be false. And so i do think i suspect thats whats going on today. Obviously we dont know, grand juries operate in secret. We were just reading tea leaves. If i had to bet, i would say that thats whats going on with respect to carrick coming in right now. He was alleged to be involved in that whole scheme. What message does it send to the Trump Defense lawyers that the grand jury might still be Hearing Evidence of the case, fbi, prosecutors are still doing interviews like the one, not only are you not possibly done, your client might get a superseding indictment, but you better be ready for his various coconspirators. All those people listed in that original indictment, they either could get indicted pretty soon, or number two, they are going to start considering flipping. Theyre going to start considering trying to save their own skin and cooperate with jack smith and provide all of that Insider Information that the doj does not yet have. That should concern them. It should particularly concern donald trump. Georgias Fulton CountyDistrict Attorney fani willis also continues to subpoena witnesses to testify to her criminal grand jury considering possible indictments of donald trump and his associates in an attempt to overturn the president ial election in georgia. The Atlanta Georgia constitution reports governor jeff duncan has received a subpoena to testify as a witness before Fulton County grand jury that could continue indictments against former President Donald Trump and his allies this month. He told the atlantic journalconstitution that he has light yet to receive a date to meet with grand jurors, but added on social media that he would share the facts as i know them, around this investigation, and in hopes of figuring out what really happened. Brett cleans fleming, what does that tell us about fani williss investigation that she is still sending subpoenas for witnesses to testify to the grand jury on dates that have not even been set yet . I think that as far as a host of reasons. First of all, safety reasons. Shes trying to maintain some level of confidentiality. But for the witnesses that shes subpoenaing, as well as the grand jurors, the d. A. s office, as well as folks across the courthouse. I think that that is the right thing to do so that she can ensure not only the integrity of the case but obviously the safety of these folks. On meet the press on sunday, Donald TrumpsCriminal Defense Lawyer said the Donald Trumps phone call to Georgia Secretary Of State brad raffensperger, which is included in jack smiths indictment of donald trump, wasnt threatening, and it did not ask the Secretary Of State to commit a crime. Why did he threaten the Secretary Of State with a criminal charge . That was not a threat at all. What he was asking for is for raffensperger to get to the truth. He believes there were an excess of 10,000 votes that were counted illegally. What he was asking for with as the Secretary Of State to act appropriately, and find these votes that were counted illegally. That was an aspirational ask. He is entitled to position even state government. That does not involve obstruction of federal government. Fleming, how will that defense work if trump is indicted by fani willis in Fulton County, georgia on State Charges . I think its something we have to wait and see. Obviously if we get to the point of having indictments and possibly even a jury being struck, all of that will come into evidence. Lets remember, we have now had several members of the Special Grand Jury here that tape and be able to decipher it or interpret what was said. Theyve also heard from secretary raffensperger himself as he was subpoenaed to testify before the Special Grand Jury. Those issues of credibility are going to be very key when and if we get to the point of having a jury decide how that message should be interpreted. Neil katyal, well have this unusual prospect eventually have to Criminal Trial juries evaluating that very same thing, the phone call to brad raffensperger. It is mentioned in jack smiths indictment in washington, d. C. If there are indictment on State Charges for donald trump in georgia in that trial there, it will obviously be the centerpiece of that trial in georgia. We will eventually have to different Jury Judgments rendered on that phone call. Yes, that is right. I think that some people might be thinking, isnt that some sort of Double Jeopardy to have that happen . The answer did to that is no, because our constitution recognizes that where there are crimes against dual sovereigns, here the state of georgia, as well as the united states, it is absolutely appropriate that there would be to prosecutions. Particularly so here because trump is hoping that he or another republican will win in 2024 and trying to end jack smiths prosecution, or drop the appeals, things like that. And so the Georgia Prosecution has the safeguard, one that the founders understood well against these kinds of self healing wounds. It is unfortunate to me that like my friend jack goldsmith, Harvard Law School, writing in the New York Times this kind of prosecution would be dangerous for the democracy and things like that. He says that trump might actually be acquitted and that would send a bad message. I have to say that im very proud to see jack smith doing what hes doing. I expect fani willis doing the same thing because the cost of not doing something, the cost of not prosecuting, of letting a president , as president used the powers of his office to basically launch a coup and keep himself in power, that is something that every day of every week, our prosecutors have to stand up against. When i was doing the george floyd murder, we certainly had people whispering the same kinds of stuff in our year. You might lose, what will happen . What will the signal be to america if you lose that prosecution of the murder . But i was proud to see our Attorney General in that case do the right thing and indict anyway because it was the right thing to do. Here it is obviously, lawrence, the right thing to do. Bradley moss, George Stephanopoulos had to valiantly Chase John Loyal for several minutes since the Sunday Morning interview on th