Thets big barr laying out a flaw in the main defense that Donald Trumps lawyers using in the federal election case. Well have much more from the former Attorney General on trumps many, many legal issues in just a moment. Meanwhile a key conspirator in the riot at the capitol could receive the longest sentence yet for the january 6th attack. And a very significant summit at camp david for President Biden. Well explain the stakes at todays meeting. Good morning and welcome to Way Too Early on this friday, august 18th. We made it to friday, folks. Im jonathan lemire. Thanks for starting your day with us. And well begin this morning with the trial date proposed by Donald Trumps legal team that is way, way, way in the future. In a court filing late yesterday the attorneys representing the former president in the federal election interference case against him thats the one out of washington requested that that trial begin in april of 2026. That is 2 1 2 years later than the january 2024 start date promised by Special Counsel jack smith earlier this month. In their filing, trumps lawyers argue that given the massive amounts of evidence they will have to review and the former president s already busy schedule for next year a 2024 or even a 2025 start date would deny trump his right to a fair trial. They also claim that prosecutors have already had a 2 1 2year head start in preparing their own case. You can see trumps busy calender there on your screen. But on fox news yesterday trumps own former Attorney General bill barr rejected those arguments. You dont get immunity for two years in a runup to an election just by saying, hey, im a candidate, you cant. These investigations have been going on for a while. Everyone knew about them even before he announced his candidacy. So if theres a chance to get it resolved before the election, it should be. During that same Interview Barr also said that both federal cases against trump are justified, and he repredicted a conviction in the classified documents case. Barr added trumps legal problems are his own fault because he was warned repeatedly it could happen. But the former Attorney General did not think prison time was an appropriate punishment for trump. I think the federal cases are legitimate. At the end of the day at the core of this thing he engaged in the case of the documents in outrageous behavior where anyone would be prosecuted. I dont of any Attorney General who could walk away from it. Hes being prosecuted for obstruction. Two egregious instances are alleged. That should be tried. If the judge is competent that could be concluded before the summer. And the other case after the election he in my opinion he did cross the line. It wasnt just rough and tumble politics. He crossed the line. I resigned on December 14th because i thought at that point the state votes were certified and that was the end of the legal process. And i also didnt like the way he was spouting the big lie. I thought that was irresponsible, but he took it much further than even i expected or anyone expect. And during this time he was being told by lawyers in the white house if he kept on doing this, he would spend the rest of his Life Tangling with the criminal just process, and thats exactly whats happened. He shouldnt be surprised and though one else should be surprised. I think the chances are that he will be he will be convicted on some counts. Do you see him doing jail time . I dont think that translates to jail time. Why . Because i think if i was Attorney General and we were prosecuting, for example, on the documents case which was a righteous case i wouldnt want to see a former president in jail. I think a substantial penalty would serve the Public Interest but putting him in jail has too many bad collateral impact on the country. Just hours after he was named a codefendant in the sprawling Fulton County, georgia, election interference indictment former President Trump promised to release a, quote, large, complex, detailed but irrefutable report on the president ial Election Fraud that took place in georgia. He promised to release that report at a major News Conference this coming monday and claimed it would cause all charges against him to be dropped and it would be a complete exoneration. But it looks like we wont be seeing that report after all, at least not on monday. Trump announced late yesterday on his truth social page that instead of releasing the report to the public his lawyers would prefer to use it in legal filings. Therefore the News Conference was no longer necessary. Abc news and other outlets reported yesterday that trumps lawyers and advisers were actively urging him to call off the event arguing that continued claims of Election Fraud could hurt his case and cause more legal trouble. We should note nbc news has not confirmed that report. Joining us now former litigator and msnbc legal analyst lisa rubin. Lisa, great to see you as always. So lets start there with the monday News Conference. It was going to be in bedminster, new jersey, now off. Certainly there was concern in trump world the former president was going to get up there and either Say Something or showoff in whatever this report might be that would just get hemip more legal trouble. Is that why was it the prudent thing for him to do to table that . It was absolutely the prudent thing for him to do to table that. I might suggest another reason why its off the table. President trump has gone through a series of lawyers that no longer work for him. Were playing legal Musical Chairs when it comes to donald trump. He has some good counsel in john lauro and todd blanch. I would not be surprised and they said to him something to the effect of if you continue down this path, you will do so, sir, with other lawyers at your side. Our reputations are too important to us. So, john, i think that is another element to President Trumps calling this off on monday. Yeah, it was illadvised from moment one. Lets turn back now to trumps legal Team Proposing a 2026 start date for his federal election interference trial. They even displayed a figure yesterday if you stacked all the paperwork together it would be as tall as the washington monument. Do you think their arguments are legitimate . It is a big case but two plus years seems pretty excessive. Whats your guess how the judge will rule . Whats your analysis of their proposal . Lets start with my analysis of the proposal. If you take the trial date out of the equation, their brief does make good arguments about the discovery here which is really quite sizable. I dont want to undermine or minimize the size of the discovery here. However, as our colleague Andrew Wiseman pointed out on twitter the way that discovery works on a criminal case is not that you sit down and flip page by page in hard copy form through paper upon paper. Thats not how anybody conducts discovery. There are sophisticated Computer Programs and software that help people process it, subject it to search terms and the like. And so, yes they do not need some additional time beyond january to adequately prepare a defense for the former president. Do they need until april 2026, absolutely not. And some of the rhetorical flourishes in their brief while entertaining certainly dont get them there, john. Certainly theres been a sense this is case might even go first and one that could start and wrap up before voters go to the polls next november. The trump team trying to stall. Lisa, lastly, were still waiting for the details to be worked out when donald trump will surrender in Fulton County, georgia. We know it will happen at the end of next week and there are apparently negotiation. How do you see this playing out . Is there any chance hell receive preferential treatment because of his status . I dont believe there will be and the sheriff of Fulton County has indicated hell treat all defendants alike here. When donald trump does surrender what happens when he has to make an initial appearance before the judge and negotiate conditions of his release. Some of the things he continues to do in terms of his social media post and the like should be and might be factors to a judge and imposing condition of release including what his bail package looks like but also whether he can be released at all when he continues to say some rather insipdiary things, john, about witnesses and other participants in the case. Former litigator and msnbc legal analyst, lisa rubin, thank you for joining us. Still ahead on Way Too Early well bring you the latest on search and Recovery Efforts across the island of maui as the death toll from that historic wildfire continues to climb. Well also be joined by White House Principle Deputy press secretary Olivia Dalton as President Biden prepares to visit Hawaii On Monday and hosts that major Camp David Summit. All that and a check on sports and weather when we come right back. N sports and weather when we come right back my most important kitchen tool . My brain. So i choose neuriva plus. Unlike some others, neuriva plus is a multitasker supporting 6 key indicators of brain health. To help keep me sharp. Neuriva think bigger. Businesses need 5g solutions today. Thats why they choose tmobile for business. Mlb partners with tmobile to not only enhance the fan experience, but to advance how the game is played. Aaa relies on tmobiles network to stay connected nationwide, so they can help get their members back on the road. And were helping pano ai innovate, to stop the spread of wildfires. Nows the time to see what americas largest 5g network can do for your business. Mr. Clean magic eraser powers through tough messes. So it makes it look like i spent hours cleaning, and you know i didnt. It makes my running shoe look like new its amazing. Its so good. It makes it look like i have magical powers. Magic eraser and sheets make cleaning look easy. Welcome back. As we turn to some of the mornings other top headlines. The death toll from hawaiis devastating wildfire continues to climb this morning with more than 1,000 people still unaccounted for. A team of federal investigators has been dispatched to maui to determine the exact origin of the blaze. There has been speculation the fire was caused by power lines, but theres been no defip ffb proof of that so far, anyway. Meanwhile the head of mauis Emergency Management office is stepping down. It comes just one day after defending his decision not to sound Warning Sirens as wildfires swept through the town of lahaina. He argued the sirens are usually for Tsunami Warnings where residents are trained to seek higher ground, which in this case he believed would have brought them closer to danger. Elsewhere, its still unclear if former President Donald Trump will be on stage the first gop primary debate next week, this coming wednesday in milwaukee, but one long time republican operative is urging him to show up. Trump posted a rant on the debate on truth social yesterday. He again implied that he would not that he would be a noshow, but he stopped short of actually answering the Question Writing in part, quote, many people are asking whether or not ill be doing the debates. Im the leading the runnerup whoever that may be by 50 points. People know my record, One Of The Best ever, so why would i debate . Im your man. But in an interview with fox news republican political strategist carl rove argued it would be in trumps best interest to attend the republican primary debates. But id show up if i were him because this is where you get to demonstrate i am the leader and i will remain the leader. If he doesnt show up there are going to be people to say to themselves didnt he tell us didnt he mock joe biden for not debating and hasnt he said hes the worlds greatest debater, and maybe theres something he doesnt want to talk about and doubts will begin to grow. Doubts are growing. Weve now got and depending on what you poll you look at, a plurality or majority of republicans who say if hes convicted of something in one of these federal suits, in one of these four lawsuits, four indimes excuse me, hes not. Some Speculation Trump will try to up stage the debate perhaps even surrender to georgia authorities that day. Meanwhile, the Justice Department is seeking 33 years in prison for exproud boys leader Enrique Tario and a top lieutenant. It would be the stiffest january 6th punishment handed down in the overall prosecution. Federal prosecutors also ask for long prison terms for the other defendants in the case. Tario and the three others were all convicted of sawditious conspiracy in may after a months long trial that began in february. A fifth was acquitted on Seditious Conspiracy but found guilty on other serious offenses. In a 155page filing prosecutors wrote this. The defendants understood the stakes and they are embracing their role in bringing about a revolution. They unleashed a force on the capitol that was calculated to exert their political will on elected officials by force and to undo the results of a democratic election. The foot soldiers of the right aim to keep their leader in power. They failed. They are not heroes, they are criminals. Until the filing the longest sentence prosecutors had asked for in a january 6th related case was the 25year term for stewart rhodes, and the founder and leader of another far right group, the oath keepers. He was sentenced to 18 years in prison. Last nights Preseason Game in philadelphia was overshadowed by two scary moments. Well have an update on both players who had to be carted off the field plus the latest in major league baseball. Well be right back. Major league baseball. Well be right back. It has longlasting light scent, no heavy perfumes, and no dyes. Finally, a light scent that lasts all day. Downy light ella fashion moves fast. Setting trends is our business. Finally, a light scent that lasts all day. We need to scale with customer demand. In real time. jen so we partner with verizon to take our operations to the next level. marquis with a custom private 5g network. ella with Verizon Business, we get more control of production, efficiencies, and greater agility. marquis so our customers get what they want, when they want it. jen its not just a network. Its enterprise intelligence. vo learn more. Its your vision, its your verizon. Age is just a number, and mines unlisted. Try boost® high protein with 20 grams of protein for Muscle Health versus 16 grams in ensure® high protein. Boost® high protein. Now available in cinnabon® bakeryinspired flavor. Learn more at boost. Com tv down there getting it done. An open lane to the end zone for a touch down. Thats eagles running back trey sermon with a 33yard rush to the end zone capping philadelphias opening drive in the second half with the first td of game. Both starting quarterbacks for the eagles and Cleveland Browns sat out of the week 2 preseason kick off. Heres the danger of preseason, folks, the game ended in an 1818 tie but it was mar bide injuries. Receiver tiry cleveland and the rookie defensive lineman both carted off the field with pretty scary neck injuries. Youre seeing one of them now. The team said both players had movement in their extremities, thats the good news, but scary, scary stuff. Four other eagles were injured in this meaningless football game. Lets turn now to major league baseball. We begin in los angeles. Austin barnes solo shot helped the dodgers complete a sweep in a three game series. Last nights 10 victory marked l. A. s 12th shutout of the season and 1th win in a row. The dodgers also extend their lead atop the nl west to 10 1 2 games over the second place San Francisco giants. They have the day off. Elsewhere in the nl west the Arizona Diamondbacks opening a fourgame set in san diego with a 31 win over the padres. The diamondbacks move to one game out of the final playoff spot in the crowded field. Meanwhile the Washington Nationals dealt a blow to the red sox playoff push. Could not make it out of the fifth inning in the second start back from a shoulder injury. The sox lost the nats 107 dropping 2 of three to the last place nationals. The nats have been a better team the last couple of days. The red sox will look up to make some ground in a threegame series against the Slumping Yankees starting tonight in the bronx. It would make sense for the yankees to studly Start Playing better. Ill be at tonights game. We should mention spain and england will face at the world cup final. That will be sunday morning. Should be a great game. Angie, pretty unusual storm youre tracking here. Yes, indeed. Not something weve never seen before, jonathan, but fairly rare. Were talking about Hurricane