That shows Donald Trumps lead only growing in the republican president ial primary. Well have a lot more on thoz numbers in just a moment. Meanwhile, half of Congress Returns to capitol hill today with a long todo list including a new Federal Budget, but demands from farright members of the house could complicate getting a deal done before the end of the month. Plus Vladimir Putin is turning to yet another dictator for more weaponry for his war in ukraine. Well have that brand new reporting straight ahead. Good morning and welcome to Way Too Early on this tuesday, september 5th. I hope you enjoyed the long weekend. Im jonathan lemire. Thanks for starting your day and week with us. New polling shows that Donald Trumps republican primary lead is growing as support collapses for the person who was once viewed as his most viable opponent. In the latest Wall Street Journal survey 359 of gop primary voters say that trump is their choice for 2024. Thats up from 48 in april. In second place down a whopping 11 points is Florida Governor ron desantis who now stands at just 13 merse. All other candidates earn just single digit support. The poll also shows most republicans think the criminal cases against trump are illegitimate especially the two relating to Election Interference. More than 70 say those cases are without merit while just over 20 say the charges are legitimate. Overall, 48 of republicans say that charges against trump make them more likely to vote for him. 16 say the charges make them less likely to support them, while 36 say the charges have no impact on their support for the former president. Now, trumps lawyer Rudy Giuliani is waiving his formal arraignment and pleading not guilty in the Fulton CountyElection Interference case. Late on friday giulianis legal team entered a court filing with a plea. Giuliani faces 13 criminal counts including racketeering and conspiracy. Giuliani is one of 12 codefendants to waive their guilty plea. Trump is using his decision not to return to atlanta as what else, an attempt to boost his fundraising. In a new message to supporters trump bragged about waiving his arraignment and says he, quote, refuses to play into the lefts hands. Elsewhere on the legal front convicted proud boys lieutenant joseph biggs is hoping trump is elected in 2024 because hes certain the former president would pardon him if he took office. Last week biggs was sentenced to 17 years in prison for his role in the january 6th riots. Prosecutors originally sought 33 years. Trump hasnt said whether hell consider pardons for the proud boys specifically, but has said he would pardon a large portion of rioters if he were to return to the white house. Later today proud boys leader Enrique Tarrio would learn his fate. Prosecutors are seeking a 33year sentence for him as well. They describe him as someone who possesses a lead over his group. And because of this, quote, a significant sen sns it necessary. Joining us now to walk through it msnbc legal analyst danny cevallos. Two other leaders of the proud boys received significant sentences but less than what doj asked for. Doj often asks for pretty high sentences, and the court is not required any longer to follow the Sentencing Guidelines. In other words, they have to calculate them, they have to take them into consideration, but they can go below what the Sentencing Guideline Range suggests, and they do that fairly often. You may look at these defendants and say draconian, no problem, i dont care what sentence they get. But just to give you an idea if the key to today is will the judge apply the terrorism enhancement, that enhancement alone could add about 15 years to a sentence. It is unbelievable punitive of anyone who engages in any kind of terrorism activity, which is probably the way americans like to see it. If they engage in terrorism, the Sentencing Guidelines will boost your sentence into the strat fear. And lets remember late last week there was one january 6th rioter who had begged the court for mercy, still got ten years and on his way out of the courtroom screamed trump won, so this factors into how doj is looking at all this. Lets turn to georgia now. 12 of the 19 defendants have waived their right to arraignment. How does that impact their cases . Zero. Anytime youre in a jurisdiction where you can waive arraignment, not appear, and enter your plea of not guilty remotely, you do it. I dont really know the purpose other than symbolic for any defendant in this case where theyre allowed to waive their arraignment and not appear especially in a high profile case why in the world theyd want to physically be in the courtroom and waive their arraignment. Waiving the arraignment and entering a plea of not guilty as you can see procedurally is something that you can explain. You can explain whats going onto your client, give them a copy of the indictment. They dont need to be there. Some jurisdictions dont let you waive it. Some courts dont let you waive it. They make you come in. But if you can do it, i always try to waive the arraignment and enter a plea of not guilty. It is confusing to me why any defendant in this georgia case would want to be there physically in court. We should note of course once those trials do start in georgia they will be televised, which is great news for transparency. Lastly, danny, and briefly, theres so much going in the waterfront in these legal cases, whats the next one we should be looking for . Thats a tough one. I think for me what im really fascinated about is how this georgia case is now georgia cases. In other words, this case now is going to have multiple trial dates. Its going to be in multiple courts. And i dont mean multiple courthouses within the state system. I mean two different sovereigns, Federal Court and state court. The Federal Court removal of them may get sent back down to state court, but i think theres a decent chance some or all of this case could end up in Federal Court. Its already a mess, jonathan, procedurally, and its already a month into the case. A sprawling case could indeed be messy. We appreciate it as always msnbc legal analyst danny cevallos. We turn to capitol hill now, and the senate is back in session today while the house is set to return next week. Lawmakers have a long list of items. At the top 06 their agenda the Federal Budget set to expire on September 30th and need to be renewed to avoid a fullfledged shutdown. Some House Republicans, however, are brushing aside an extension. The hard right House Freedom caucus is demanding concessions in any funding language to include a house passed Border Security bill. They also want to address what they they deem the politicization of the Justice Department and the military. Meanwhile, on the senate side, senator schumer said the senate has done the work needed to fund the government having passed the necessary bills. He added any Funding Disruptions would simply lie with House Republicans. However, the Federal Budget is not the only item on Congress Todo list. The senate still has work relate today the federal aviation administration, farming, nutritional programs, aid for ukraine, as well as Disaster Relief for hawaii, florida, and vermont. Still ahead here on Way Too Early, President Biden takes on donald trump directly during a speech in philadelphia. Well show you those new remarks. Plus a historic Impeachment Trial is set to get under way today in the state of texas. Well have a preview of attorney general ken paxtons trial. Those stories and a check on sports and weather when we come right back. Hen we come right back mlb chooses tmobile for business for 5g solutions. To not only enhance the fan experience, but to advance how the game is played. 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Because tmobile helps pano ai innovate, so they can stop the spread of wildfires. Nows the time to see what americas largest 5g network can do for your business. Welcome back as we turn to some of mornings other top headlines, President Biden spent yesterday, labor day in the battleground state of pennsylvania. During a speech in philadelphia the president touted his Bipartisan Fruct deal and the job creation thats taken place during his time in office and even took some swipes at his predecessor, donald trump. Were getting through one of the greatest job creation periods in american history. And you know it wasnt that long ago we were losing jobs in this country. In fact, the guy that held this job before me is just one of two president s in history. But theres an important point. One of two president s and left office with fewer jobs in america than when he got elected in office. The last guy was here we were Shipping Jobs to china. Now were bringing jobs home from china. We also passed the bipartisan infrastructure law. You cant have the strongest economy in the world guess what the great real estate the last guy he didnt build a damn thing. Under my predecessor infrastructure week became a punch line. On my watch infrastructure has been a decade and its a headline. The white house has previewed the president will take on more directly in the months ahead. Meanwhile First Lady Jill Biden has tested positive for covid19 after experiencing mild symptoms. According to a Statement Released by the white house late Last Night Shal remain at the family home in rehoboth beach, delaware, while in recovery. She was last seen public with President Biden saturday as they toured the storm damage down there in florida. The white house says President Biden tested negative for covid but will continue to test regularly. And here is a looming complication. Were he to test positive in the next couple of days that would endanger in his overseas trip. Hes supposed to head to india and then vietnam. Meanwhile, the historic Impeachment Trial of specs s attorney general ken paxton is set to get under way this morning. The Fire Brand Conservative has been accused by members of his own party of taking bribes, abuse of power and more. Paxton was suspended from his duties back in may when the republican led house impeached him, but today State Senators will consider the charges. If enough republicans vote to convict, it could lead to his permanent ouster from office. Paxton has denied any wrongdoing and has vowed to fight the charges. And the music world is mourning singer songwriter Jimmy Buffett who passed away on friday. According to his website the 76yearold had a rare aggressive form of skin cancer. Buffet was known for his 1970s Hit Margeritaville and cheeseburger in paradise. Many of his focused focused on good times. He filled arenas with fans who deemed themselves. 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