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MSNBCW Ana July 4, 2024

Underway for donald trump and 18 allies to surrender any day in atlanta. Plus, the effort by his former Chief Of Staff to get this case moved. Also ahead, new reporting on why the Special Counsel wanted trumps tweets and a new warning from his former a. G. About trumps social media habits and the potential for more trouble. The latest on that legal labyrinth just ahead. And the death toll from the wildfires in hawaii, now over 100, 1,000 still missing and new reporting just in about when the president will visit the burn zone. Thanks so much for joining us. Its 10 00 eastern, im Ana Cabrera Reporting from new york, and this morning the countdown is on for donald trump and his allies to surrender to authorities in georgia. The former president and his 18 codefendants have until high noon next friday to voluntarily surrender, and we have some new details about where the booking will happen. Atlantas Rice Street Jail. This as trumps former white house Chief Of Staff mark meadows is trying to move this case to Federal Court claiming he was only acting under the color of his federal office when the alleged crimes occurred. Our Blayne Alexander and katie phang are staying on top of every new development from atlanta and also with us ta mar hallerman, former Atlanta Journal constitution. Shes from the Atlanta Journal constitution, and joyce vance, former u. S. Attorney from alabama. Hows this going to go down when trump and his codefendants Surf Anne Arundeler . Ana, good morning to you. We now have a place. Thats something weve been wondering about for quite some time. A spokesperson says based on guidance from the District Attorneys Office and from the Presiding Judge, its believed that all 19 defendants are going to go to the Fulton County jail. Thats about four miles or so away from here, about a 15 minute drive. Typically thats a process that includes fingerprinting. That includes mug shots. A spokesperson confirms that to me. Of course its not clear whether that would happen here. There are a number of factors that go into this. Certainly the sheriff has said that he plans to treat this just like he would any other booking unless he is told differently. But we know the Presiding Judge has a say. We know that its possible Defense Attorneys could work out or negotiate the terms with the d. A. , and then also theres the presence of the Secret Service in all of this. When you talk about the former president , right . Our colleague Kelly Odonnell is reporting that the Secret Service has been kind of surveying Fulton County doing sort of walkthroughs even before the indictment was handed up. So theyre already getting eyes on what a potential surrender could look like from a safety perspective. Now, when we talk about the arraignment and the surrender, its important to note that these are two different things. So the surrender is the turning in. Still tbd what that could possibly look like. As we wait for all of this, remember, this is the jail that has been plagued by a number of issues in recent years, overcrowding. Its under doj investigation for conditions there. Certainly not clear how much or where anytime any of these 19 defendants would actually spend at that jail, but certainly interesting backdrop as we wait to watch this kind of trickle of surrenders begin between now and next friday. Quickly if you will, you say the surrender or arraignment will be separate, but do we know if theyll all be arraigned at the same time then. Would it be after everybody has surrendered, then theyll all go to court for arraignment. Is it going to be this sort of Trickle Effect as well . See these are things that we dont know. These are things that were still waiting to find out. I think one very important thing that i keyed in on from the Sheriffs Office Statement Last night that really kind of applies to this entire situation is that any of these plans could change at any time with very little notice just due to the nature of, of course, the defendants that were talking about, namely the former president. Thats certainly one thing to know. When we talk about arraignments, though, a lot of options are on the Table Including possibly a virtual arraignment. So there is a situation where, yes, there could be inperson bookings, but then the arraignment could be done via zoom or whatever platform is available. Thats also an action to watch for in the coming days. Were learning a lot. Thank you very much. Joyce, the local sheriff says he plans to treat trump like any other defendant in this booking process, but is that even possible hes the former president . Sure, i think its a very achievable goal. For one thing, sheriffs really are the Law Of The Land in their county, and more or less what they say goes, but theyre used to working and coordinating with federal Law Enforcement partners, certainly with the fbi, the Secret Service maintains an office in atlanta, and so i think well see coordination with the federal agencies trying to respect the normal process as much as possible, but this jail, the Rice Street Jail in Fulton County thats used to book virtually everyone whos arrested in this county is a far cry from what the former president has experienced so far. As you mentioned ana, its under investigation by doj, which uses a statute called crip pa, to look into the conditions that people who are confined in State Prisons are held in. This has been a persistent problem in this area, and it will likely be a very rude awakening for some of these defendants who have never seen facility like this before, even if theyre only there to go through booking. It may well be a real moment where they realize what theyre now up against. Katie, what do we know about the judge that will be overseeing this sprawling case . Judge scott mccaffey. Ana, it is a random assignment, a blind assignment of judges here in Fulton County, he was only appointed to the bench last year by the governor, brian kemp. He began sitting in that seat as a judge in january of this year. Only seven months hes been sitting on the bench. Prior to that he had nine years of legal experience coming from the officer of inspector general. He does have criminal experience. He was a federal prosecutor and an assistant District Attorney here in atlanta, but keep in mind, hes actually up for reelection 2024, and so theres a lot of Question Marks and a lot of eyebrows being raised. Nine years of legal experience, only on the bench for seven months. For some perspective, the young siem life gang and racketeering rico case, Jury Selection began seven months ago. That was a rico indictment that was brought by Fani Willis Last year in 2022, and theyre only on the seven month of Jury Selection. That might give you an idea. Tomorrow trump is still claiming he won the state of georgia, which he didnt and georgias republican governor is pushing back on trump yesterday tweeting that the 2020 election in georgia was not stolen. Ta mar, im just wondering how is this new indictment going over with the people, the voters in georgia. We know georgia will again be a crucial state in 2024. It depends who youre talking to. Georgia is one of the swingiest states in the country now. You look at Fulton County, much more democratic than the rest of the state. Something like 72 of the people in the county selected joe biden for president in 2020. Depending on where you are, theres jubilation, theres skepticism, theres anger. It just depends on who youre talking to. Thats a notable tweet that you just showcased from Governor Kemp. He has kept an arms length approach from the former president. He took care not to bash him as he was running for reelection last year and said he would still support the republican nominee for president even if its trump. But its notable that trumps calls to Governor Kemp were part of this indictment. So many different developments. Im going to pivot to mark meadows. He is now moving to try to get the case moved from state to Federal Court. Whats his argument . Reporter yeah, so we want to keep an eye on this, this is definitely something donald trump is anticipated to do as well. Theres a mechanism provided in the federal statutes to allow for a defendant whos being criminally prosecuted in state court if they were a federal official when they did the particular acts that are part of the indictment in state court, theres a statute that allows them to try to remove their case from state court to Federal Court. Is there necessarily an advantage to a criminal defendant in Federal Court, thats debatable. But whats important about this notice of removal thats been filed by mark meadows is hes trying to get the case in its entirety dismissed. Hes not just trying to get it removed from state court to Federal Court, hes actually trying to get the case dismissed under the supremacy clause, this idea that he has immunity are from his actions. It doesnt mean hed be rid of fani willis. There is the possibility that fani willis and her team here in Fulton County become special prosecutors. They get kind of this temporary pass to go to Federal Court to act as federal prosecutors to prosecute this case, and so mark meadows, donald trump, you may file your notices of removal, but you may not be rid of fani willis. And tamar, how likely is it this case will be removed . Thats something legal experts are divided on. Some say the bar for being able to remove proceedings to Federal Court is pretty low and they think there is a good likelihood that trump, meadows, and potentially even justin clark would be able to argue successfully that they were acting in their federal roles. There are others who look at what happened in new york where donald trump tried to do the same thing in the alvin bragg case, and he wasnt successful. So i think its a good question. One advantage that they would get by being able to move proceedings to Federal Court, though, is a more conservative jury pool. It would be selected either from the ten counties in the atlanta area and that includes some suburban and exurban counties or it could potentially be drawn from the entire Northern District and that includes some of the most conservative congressional districts east of the mississippi including Marjorie Taylor greenes district. I have a couple of questions for you, joyce, first your thoughts on this issue. Where do you fall in terms of the possibility of this trial being moved to Federal Court, and what kind of impact would moving the venue have on prosecuting this case . Right, so i think the best way to understand it is to think about the process. Federal law says that a defendant who wants to remove his case should file a short plain statement, and if the judge cant read that statement and say, no, theres nothing to this, then the judge should hold an evidentiary hearing. Thats where well be. Meadows statement is anything but short and plain. Its convoluted. It is clear the law in this area is very friendly towards federal officials who try to remove, but thats because its meant to prevent states from prosecuting in large part Law Enforcement officers. Thats not what this case involves. Well see how the judge looks at it after he holds the effort area hearing. It is not a frivolous motion for meadows to make, but ultimately his claims dont fit the law very well here. I also wanted to ask you about giuliani and of course hes one of trumps codefendants, one of his oldest allies. Heres what he had to say about d. A. Fani willis. Im indicted for being his lawyer. I never thought id ever get indicted for being a lawyer. I thought what i was doing i was protected by the fact that i was defending him. Im supposed to argue in his favor. Joyce, weve heard similar comments from John Eastmans lawyer in response to this indictment. Does the law get complicated when someone is charged for actions they took as a lawyer . They all know its not true. Every federal prosecutor whos been in a situation where theyve used the crimefraud exception to pierce the Attorney Client relationship and prosecute or use as Witnesses Attorneys for clients who were engaged in criminal conduct, Rudy Giuliani in particular knows it. He did an awful lot as the United States attorney in the Southern District of new york, its just a disingenuous move designed to confuse people and not to be accountable for what he actually did in this situation. Joyce vance, Tamar Hallerman and katie phang, appreciate all of you ladies. Be sure to catch the katie phang show every weekday morning on msnbc. Ahead, the grim search through the ashes in hawaii as families wait for word and calls for accountability grow. Plus, a 17yearold in philadelphia now facing terror charges accused of Buying Materials that could be used for a bomb. And later, a hollywood twist no one saw coming, the shocking allegations involving the family whose story inspired the film The Blind Side. Hi, im john and im from dallas, texas. My wifes name is joy. Weve been married 45 years. Im taking a twoyear business course. Ive been studying a lot. Ive been producing and directing for over 50 years. Its a very detailed thing and the pressures all on me. I noticed i really wasnt quite as sharp as i was. My boss told me about prevagen and i started taking it. I feel sharper. My memorys a lot better. It just works. Prevagen. At stores everywhere without a prescription. Were back with new details about what exactly Special Counsel jack smith was hoping to learn from Donald Trumps tweet receipts. Last week we learned smith had issued a Search Warrant for trumps twitter account, and now a newly unsealed copy of that warrant shows prosecutors hope to find all content, records, and other information related to communications sent from or received from october 2020 to january 2021 on trumps account. Lets bring in msnbc legal analyst lisa rubin now. You flagged these new details yesterday. Theres a lot of interesting stuff here, right . Everything from them looking at direct messages to Location Data. Im just wondering what stood out to you. The direct messages definitely stood out to me because trump has always been characterized to us as a person who doesnt text, he doesnt email. To the extent that his twitter account has direct messages in it, that begs the question, whos doing the messaging. Thats where the Location Data and the device data comes into question. We know there are people other than trump himself who has access to this account. One of the things thats blocked out in the transcripts of arguments before judge beryl howell is the Email Address of the person thats the current contact for the account. We dont know who that person is. People might speculate it could be dan scavino who was in charge of trumps social media as an aide in the white house and continues to work with him. But one of the things im interested in seeing is did trump also send, not only receive direct messages, and if he did, who was the author of those direct messages . Was it scavino . Was it trump . Or was it Somebody Else . Is there another ip address or device associated with the account that shows that multiple people in and around trump world had access to this count. Based on what we know about jack smiths investigation and we know this, does it all seem reasonable this was a focus of his investigation . Not necessarily. I think they were looking for lots of different information about trumps twitter account and one of the things in particular i think they might have been interested in is twee. In any litigation, particularly a criminal investigation like this, you want to see how the nature of communications evolves. Who was responsible for drafting something . Who edited it . How did it go back and forth . That tells you a lot about criminal intent and what a persons knowledge is in the same way that trumps january 6th speech went through multiple iterations between stephen miller, his staff and trump. So too the tweets might have gone through iterations and if some of the things that trump said were particularly incendiary reverted back to more incendiary language after white house aides or campaign allies tried to tone it down, thats something that will he

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