Election integrity and all of this is completely aboveboard because he was the president and that is what president s do. That is the argument he made today in a new filing filed in state court asking a judge to dismiss the Indictment Charging Trump with election interference. In the new filing, trumps lawyers quote they can argue to ensure the integrity and the election were outside of the scope of his duties. They even went on to say quote, the president s motivations are not for the prosecution or this court to decide. Fact check. Trumps motivations i exactly what this court should be looking into. The lawyers also claimed quote the president s actions are within the ambit of his office. Is absolutely immune from prosecution. They are essentially arguing that donald trump is above the law and if that sounds familiar to you, it should. It is what Richard Nixon asserted after watergate. That means it is not illegal, by definition, exactly. I have expert guests tonight to weigh in on these claims in just a moment but today, there is also the renewed heat in the georgia election, putting trip adviser on her witness list for the trial later this month. According, possesses unique Knowledge Communications between himself and two codefendants, Sidney Powell and nhs braille. In her sighting, cited this presser held by the Trump Campaign legal team. You can see both epstein and powell there. Also this, December 2020 email. The email contained a memo titled january 6th scenario. He has been open about some of the involvement, he even admitted here on the beat that he was working on the fraudulent elect theres scheme. That was part of the process to make sure there were also met electors, when we challenge the state of electors would be successful, part of the constitution. Everything that was done was done legally according to rules and under the leadership of rudy giuliani. Joining me now to sort this out as emily, magazine legal writer and former watergate prosecutor. Emily, what is your reaction to trumps motion to dismiss the federal and variants case . I guess they had to come up with something but claiming immunity from prosecution and saying the court cannot look into his motivation. You now, these are basic questions. The court will have to decide eventually, presumably, a jury will have to decide so motivation is absolutely clear and a crucial part of the inquiry here and i think the absolute immunity idea that was never he was doing was falling out of the scope of his duties, its hard to argue your duties include ensuring you can overturn Election Results or anything within the scope of your campaign for your next election. What you are doing as your president , and then there is trying to make sure that you remain the president. That is and electron l directorial campaign. There are different arguments here, there is the argument about absolute immunity because you are president , none of it applies to you and the second argument that the court and the prosecution cannot delve into the question of intent. Are any of these arguments going to hold up in court. I do not think any of those will hold up. With there would not be a Crime Fraud Exception to Executive Privilege if there was not crime and pop that can be committed in the oval office. This does seem to be plenty of evidence of crime being committed. No one has in any court said there is absolute immunity and you play it already that nixon statement to david frost that if the president does it, its not illegal, which made everyones eyes roll and everyone laughed and i think the court will feel the same way. Motivation is something a jury will eventually have to decide. It is an element of the crime and it has to be looked at. It cant be convicted of a crime that includes motivation unless somebody looks at it and if in the case, that bench trial, so only the judge would have to look at it but im assuming his lawyers will not forget to ask for a jury trial and it will go to a jury. One can help. Back to the question, as you say, they are pressing this idea that his motives here are relevant, even though its an essential part of the crime. Probing president Donald Trumps motives are purpose that cannot defeat immunity. Is that a valid claim . That immunity trumps everything . First of all, they would have to be immunity and emily hit on me right thing. If he was doing something president ial, something within his Job Description. If we see a court saying its not with in your Job Description to defame carol, and they would say the conduct alleged goes well beyond anything that is part of his job as president. It was his job as a candidate in canada is a different thing. He and his team, his team is subject to the hatch act, he may not be. He cannot claim he was acting as president when he was trying to take down the election. That is a question of fact that will have to be determined. The jury will say, he was trying to take it down. He will say no i wasnt, was trying to protect election integrity. There is no evidence that supports that and if he testifies that, he will be destroyed on crossexamination. Is the only one who can say, i was trying to protect election integrity. There was no evidence of that, everything was he was making a machines flipping votes, suitcases of fake ballots being pulled out from under a table in georgia. That is not legitimate. To jills point, there have been a number of aides who testified that donald trump knew he lost the election. i think this is going to be a real problem for his defense team going forward. Avia people going around saying at some points he was willing to recognize reality, the notion that he was so intent, right, imagine the best defense they can try in this domain, he really believed he won. He mightve been diluted but he truly believed a pic if you are saying to people around you, i understand i lost, everyone is telling me i lost, it is clear i lost, then that sort of wisp of a defense goes away. In todays filing, trumps lawyers have said since he was acquitted, we have to be clear, there are two impeachments, because he was acquitted, he should be immune from prosecution. Trump was acquitted of these charges after trial in the senate, and he remains immune. The special counsel cannot secondguess the senate. Is this even an illegal argument, how did impeachment come into the chat . That is right. They cant. Its two different standards of proof. There is no crime alleged in an impeachment. It is high crimes and misdemeanors, whatever that means. It is whatever Congress Says that is an Even Congress admitted he was guilty as charged, basically but they thought it was not right. Although, remember, mcconnell said, he has not been left let free, he could be held accountable in a criminal trial. Given us on party recognizes that. I want to add to what emily said, Willful Ignorance is not a defense. Him saying, everyone testifying they told him and him saying, i just dont believe it. That is not a defense. That is Willful Ignorance. , so a jury is not going to believe it. I think that is a good case against him. One final question, how significant is it that da willis wants him to testify here . You can made publicly why she would want to take him, why he is being held as part of the elector scheme. These trials that are coming up later this month are about that scheme and it seems like she has communications between him and the two defendants, powell, that only he can talk about, so it would make sense she would want him to talk before the jury so they can assess the testimony and credibility. Things are heating up everywhere. Emily angelle, thank you for joining us. Shocking new trump comments that evoke one of the worst moments of his presidency and how steve sat in as feeling capitol hill. Things are getting real for trump and has fried tile trial as he gets devastating news from forbes. We are back in just 60 seconds. Aleve. Who do you take it for . And for fast topical pain relief, try alevex. The virus that causes shingles is sleeping. In 99 of people over 50. Its lying dormant, waiting. And could reactivate. Shingles strikes as a painful, blistering rash that can last for weeks. And it could wake at any time. Think youre not at risk for shingles . Its time to wake up. Because shingles could wake up in you. If youre over 50, talk to your doctor or pharmacist about shingles prevention. With the freestyle libre 2 system know your Glucose Level and where its headed without fingersticks. Manage your diabetes with more confidence and lower your a1c. Its covered by medicare for those who qualify. Ask your doctor about the freestyle libre 2 system. This week, forbes revealed that trump is no longer on its list of the top 400 wealthiest americans. Here is where it becomes a full circle deliciousness of irony. Michael cohen testified that trump inflated his Property Values in order to get on the list. Take a listen. He wanted to be higher on the forbes list and he then said, im not with 6 billion, in fact, its now worth eight with everything thats going on. Allen and i were passed taking the assets, increasing the classes in order to accommodate that a billiondollar number. The forbes list was important , for years, he thought to be important on this list and he went to really extreme lengths to make my list. In the 1980s, he even invented a fake identity, calling himself john baron as he touted the brand and conversation with a forbes journalist. Spam and i dont know what the deal is. Most of the asset it assets have been consolidated to mr. Trump. Correct. That is correct. Joining me now is leah littman, Professor Of Law at the University Of Michigan in my cohost of the podcast and the man on the other end of that phone call, jonathan greenberg, investigative journalist and former forbes reporter. You were on the call from john baron, trumps entire reason for being is to get on this forbes list. What is your reaction to his falling off the list . I think both are long overdue. I dont think he has been as much as he has said for many years and i think for decades and decades, he has been pulling this stunt, this fraud and gaining the system for decades. He is commenting on the first 419 82 and continued these fabrications and lies that continued to expand and be used year after year. So, i am not surprised and i really think that he should james has a rocksolid case. Shifting to that case, this daughter from the judge, that is this topol in new york . Inflating his assets and loans. It affected the major issue, there is a few outstanding claims that the Biggest Issue is if there is fraud off the table. The judge sanctioned the Trump Legal Team for making ridiculous arguments in the course of this ruling, Finding Trump engaged in fraud, legal team arguments, legally preposterous And Misstating Black Letter Law and that is not a specialist for the rest of the legal proceedings. All of this has to be a massive blow to trumps ego and we know a lot of what he does is fueled by his ego. How do you expect he will respond to falling off the forbes list ms order, essentially making it more difficult to operate businesses in new york . I think it will be an extremely unsettling and another shoe is going to drop very soon. And the order today, the order came to disclose secret Equity Partners in any of the interest and has properties. I have been theorizing for years now, you know, that trump has these that his piece of the equity is not really his peace. That he has loaned it out. We will see what happens with that, i think he will defy the order to provide the information but there are hearings that this is the way that russian oligarchs and other investors are secretly investing in trump. I have had discussions of Wealth Evaluators saying youre still over evaluating trumps with, even when forbes that deflated it too because they are likely to be secret partners who are on his side of the equity equation. Which never gave reported that we may see it reported soon in this case. They are peeling back in on the in and in the middle of it, there is a lot less wealth and trump has stated in the public has assumed for a very long time. Lets continue to peel the onion. Trump is appealing judge engoron s fraud , what do you think his chances of prevailing on appeal . I dont think he has a lot of great chances, you know, the ruling falls on trumps legal team for reraising the same arguments even after not only judge engoron rolled against them but the Appellate Court has as well and given how strong the actual basis as the concluding there is fraud, the judge found the organization inflated assets by 2000 . It seems likely to hold up on appeal. So, jonathan, you have known donald trump for 40 years. I want you to take a lesson from some of Donald Trumps greatest hits. Is a businessman and real estate developer, have legally used tax pause laws to my benefit, to my company, to my investors and my employees, i mean, honestly, i have brilliantly, i have brilliantly used those laws. Be straight, be honest. A lot of those people all throughout your life and if they respect you and do more or less what they want you to do, you have to show that great degree of honesty. Sounds like two different people. What is your reaction . Donald trump has bent every rule of business. He is despised in the community, not because he is a republican, far from it, because the contract is not a contract with donald trump at the law is not a law. What i want to point out most is trump is a master of moving the goal posts. Moving and setting the rules. His Secret Strategy in this case, as well as the dc case over the january 6th attempted to and attacked on the capital is to say, i am this crazy, i am a great optimist, i believe maralago is worth 1. 5 billion. Its not a question of fact, as it or not, prove my intent. That Money In The Bank i just robbed. I believe it was money, prove that i did a. Lets talk about whether you can prove what im thinking. This brings me back to january 6th. And the jury, he may have a chance to make this case, i thought the election was stolen. In this case, he doesnt get a jury trial. Fraud is fraud, as mark wrote and he spoke to me about, when i met him in the original case that did not get bought in the manhattan office, this case is stronger. He made his statement. 30,000 squarefoot apartment that is 11,000 square feet, its not anna penman. Its not 11,000 square feet. Jonathan just mentioned the criminal charges filed, but lets talk whether charges that were filed. Late today, donald trump filed a motion, essentially arguing that there is no case and its all politically motivated. How do you think this is going to fair and is this best opportunity to get this case thrown out . It might be his best opportunity along that options but its still a bad option. He has tried this argument as well, asking reports to delay the case until 2026 but the reality is, running for office is not an get out of jail free card, even though its distracting him from the 2024 president ial election. That is essentially his argument. Thanks so much for breaking this all down with us. Shaklee i and i are cohosts of the podcasts along with our friend, kate shot. There is a lot ahead, Including A Special Guest On trumps startling new violent rhetoric. Also tonight, there are clear signs that the house gop civil war is only deepening with extremist embolden. New reporting on Steve Bannons role in cultivating that chaos, up next. Your best defense against erosion and cavities is strong enamel nothing beats it. New pronamel active shield actively shields the enamel to defend against erosion and cavities. I think that this product is a gamechanger for my patients it really works. Limu emu doug [bell ringing] and doug says, you can customize and save hundreds on Car Insurance with liberty mutual. he hits his mark center stage and is crushed by a baby grand piano. Are you replacing me . With this guy . Customize and save with liberty bibberty. He doesnt even have a mustache oh, look a bibu. [limu emu squawks. ] only pay for what you need. Liberty. Liberty. Liberty. Liberty. Hey, grab more delectables. Only pay for what you need. You know, that lickable cat treat . Delickable delectables . Yes, just hurry. Hmm. It must be delicious. Delectables lickable treat. That first time you take a step back. I made that. With your very own online store. I sold that. And you can manage it all in one place. I built this. And it was easy, with a partner that puts you first. Godaddy. Your Shipping Manager left to find themself. leaving you lost. You need to hire. I need indeed. Indeed you do. Indeed instant match instantly delivers quality candidates matching your Job Description. Visit indeed. Com hire upbeat music awww. Awww. Awww. Nope. Constant Contact delivers the Marketing Tools your Small Business needs to keep up, excel, and grow. Constant contact. Helping the small stand tall. Heres why you should switch from chrome to duckduckgo. Duckduckgo is a browser you download to your mobile and desktop devices. Unlike chrome, the Duckduckgo Browser has privacy builtin. It comes with a private alternative to google search, which doesnâ– t spy on your searches, and it blocks cookies and creepy ads. And theres no catch. Its free. We make money from ads, but they dont follow you around. Join the millions of people taking back their privacy by Downloading Duckduckgo On Mobile and desktop today. Tonight, House