Giuliana, to talk about how she's turning far right personal attacks against her into motivating gen z to get out and vote. Join me tomorrow at noon here on msnbc. Have a great neighbor day weekend and good night. Before donald trump, the trump era of presidential elections, the conventional wisdom was that presidential campaigns do not get serious until after labor day. But for trump, he will emerge from this labor day weekend into a september of court dates and debates. Today we are expecting the next major step in the federal election interference case against him. Special counsel jack smith's team and trump's attorneys are expected to propose a schedule for future court proceedings. It comes just days after a federal grand jury returned a superseding indictment that charges trump with the same four counts he faced in the original indictment returned last august. But whittled down in light of the rightwing majority supreme court's ruling in favor of trump that residents have immunity for official acts. We could also hear from judge tanya chutkan in the matter. Both sides are scheduled to appear before judge chutkan for a hearing next week, the first court hearing in that case since the supreme court ruling. That hearing is next thursday, september 5, just five days before donald trump will face off in a debate with vice president harris on september 10. The following week, september 16, new york judge one merchan is set to rule on trump's motion to have the verdict in the hush money interference case thrown out because of the supreme court's ruling on immunity. If he declines to do so, trump will be sentenced in that case on september 18, seven weeks before election day, november 5. In addition to ruling on trump's immunity motion in new york, judge marchand has yet to rule on trump's request to postpone his sentencing until after the election. So trump's lawyers are throwing another hail mary on that. Late thursday his lawyers filed to move the matter to federal court in yet another delay tactic, citing the supreme court's ruling in july. A federal judge has rejected that effort for now but advised it could be refiled with either opposing party apps written consent or court's leave. It is not the first time trump's lawyers have tried to get the hush money case moved to federal court. His lawyers invoked presidential immunity in a failed bid last july, setting the stage for his trial and conviction on 34 felony counts of falsifying business records. Last year federal judge alvin haller stein ruled that the evidence presented involved something personal to the president, quote, a coverup of an embarrassing event, hush money paid to an adult c star is not related to a president's official acts. It does not reflect in any way the color of the president's official duties. Ke a judge had to actually say that and that i had to read it to you. Here is where we are. Joining me now is andrew wiseman, msnbc legal analyst and former federal prosecutor, and michael wiley, president and ceo of the leadership conference on civil and human rights and former assistant u. S. Attorney. That was a lot, friends. I'm going to start with you, andrew, because it's a lot to parse through. Totally. I want to start with whether or not donald trump has any chance of taking that 34 count felony conviction. m,z/ac?a moving it to federal court in order to throw it out based on what the supreme court has ruled. So the direct answer is, it is highly unlikely that he is going to be able to get it to federal court. As you noted, he has made that motion, lost it, and the only intervening fact is this supreme court decision, again, not enough to have judge haller stein revisit his ruling. Remember that whether it's in state court or it's in federal court, that changes who the judge is whether the supreme court gets to ultimately weigh in on the 34 counts, to say were they tainted by immunized testimony, is something that the supreme court of the united states gets to weigh in on eventually. That's what i'm sort of mostly worried about, because even if it goes through the state court process, eventually donald trump they'll get it back. Exactly. And it's clear to me, and i think it's now clear to most of our fair viewers, that john roberts is going to protect him and at the moment he gets it back, he's going to find a way to get him out of going to jail. That's what's happening. Well, let's just say it's not a very positive supreme court, if we care about the constitution. And if we care about the rule of law. And that is our reality. But look, going back to what andrew so rightly said, you know i think we also have to remember that part of what we are seeing here is every effort to ensure the delay, because it is consequential if the american public that has to make a decision about how to cast a ballot is seen donald trump repeatedly in a courtroom, because that visual alone is unheard of in our history, and so whether it is an hour later, what they are just trying to make sure is it's later, later, later, so that they are actually in a position where voters are not being reminded constantly that not only is he a convicted felon, but that it may make a difference what happens to him after an election. By the way, let's put the calendar back upon that. This is the calendar again. See the first date in that calendar, once it's up there. September 5, this hearing in the federal election interference case. The day after that, north carolina starts early voting. So people will be voting between that hearing and the debate with vice president harris. Before the debate even happens, one state will already be early voting. This is going to be a thing that's happening regardless of the outcome on the sixth. And it's a state in play. It's a state very much in play. There is a lot of money being spent by the trump campaign in north carolina right now, and so, again, they are really looking at this, i think, though personal knowledge, but they are looking at this and they are seeing the chessboard, and they want to make sure that people aren't looking at it, too. The way i think the rest of us are looking at it now i think is the rule of law. Justice ketanji brown jackson does not do a lot of interviews. He's not done interviews, she's now done one point this is are talking about the supreme court immunity ruling. Here she is. You are concerned about broad immunity. I was concerned about a system that appeared to provide immunity for one individual under one set of circumstances. When we have a criminal justice system that had ordinarily treated everyone the same. And i just, to that point, from a quote from the filing by donald trump's legal team asking the federal court to take over that hush money case because it felt like it goes to this. Accordingly, they call him still president trump, respectfully request that the recording centisecond removal notice confirmed that justice merchan may not sentence president trump during litigation over the second removal notice. They were leaning into his formal role and saying essentially you can't touch him while this election is happening. We are really talking about, to take the lens out, is the american legal system has failed. This is one where unlike other legal systems around the globe that have managed to hold political leaders to account, we have not. Donald trump has figured out a way to play the system and he's been aided and abetted by the supreme court, by judge cannon, to slow things down so that the actual sort of accountability is whether guilty or not guilty, it's that day of reckoning is put off. Now in new york it's about putting off the day of reckoning of sentencing because judge merchan, to his credit, at least got that case to trial. But this is really sort of a grade of a professor, speaking of grades, this is sort of an f for how we fair compared to so many other sort of socalled western democracies that do actually know how to hold people accountable. The thing that makes it even worse, to be honest, is that it feels in some ways like the conservative members of the supreme court are doing it also in their own selfinterest, because i think everyone understands that samuel alito and clarence thomas will retire immediately upon the inauguration of another republican president. If trump comes in, they go out, and allowing the heritage foundation, the same group let's put all six of them on the bench, to put 230 or 40 yearold versions of them on the bench. We kind of know who they are. They are some judges who made insane rulings to the far right and we know that is what's going to happen. You have just john roberts, who was sort of portrayed as this sort of moderate, normal person, but it's clear that he's down with that. He wants that. So you know, look, to andrew's point and to your point, the system, the judicial system has failed and i do say judicial. The civil side actually did work when it came to donald trump. Not only is it the criminal portal but also the supreme court by not holding to the constitution, not just norms but presidents. They butchered the precedents in their opinion on immunity and they butchered them over and over and over again whenever it comes to the guardrail. Section 3 of the 14th amendment apparently does not exist. They broke that on accident. Exactly. But i think the point here, coming back to the importance of the calendar that you pointed to and how a democracy fixes the problem of a failure of a democratic system like the court system is elections. And so the importance of not losing the court date, and i do mean this in the judge merchan case, to remind folks of what's at stake because project 2025, just as you just did a segment on, you know the difference between who is in office and how to utilize a tower that the supreme court says they had to be protected, the accountability of the judicial system, the way that they can utilize the department of justice is actually on the ballot. 100%. I think it's actually critically important that the date hold because i think it's important that americans be reminded of what questions they need to answer for themselves when they show up. How donald trump would use that power versus how kamala harris will use it are very different and he has made it clear he will use it to harm people, to harm people he things are his enemies. But i wanted to just do one note on jack smith because i do think that jack smith is kind of a bright light in an otherwise pretty dark landscape but i include merrick garland in the dark because i don't think he's done hardly anything to be helpful. But jack smith is persistent. This superseding indictment, how effective is it at trying to finally get us to some sort of answer, at least on the charges of trying to overthrow the government. One, i completely agree with you, with jack smith. He is smart and tenacious and you have to be tenacious in this landscape with what he's had to put up with, whether it's judge cannon or the supreme court, and he's done two things. One, everyone has focused a lot on the deletions, as he deleted material to make it conform to what he has to, which is a supreme court decision. He's stuck with that so from that the case is weaker. He had to take out certain allegations. The material about the president's interactions with the department of justice. I just want to say it because it's so outrageous, meaning that the president can tell his department of justice to engage in a sham investigation, he is immune, so that is not the case because the supreme court has said that is a core presidential function, engaging in a sham investigation. Can we just pull back on that for a moment? is that means that donald trump if he came back in would investigate barack obama. I'm going to make up and invent a crime and that is literally legal for him to do, according to john roberts. That is absolutely right. He cannot be prosecuted for that. That is a core presidential function. It is beyond shocking that that is something that the supreme court wrote here. It was clearly just tailored to the situation here. The other thing that jack smith did is he added various allegations to make it clear that what remains of the case is either personal conduct or conduct as a candidate, not as a president, so he has grand jury findings on that, so he added in a lot of language to make that clear. He also dealt with a new obstruction decision by the supreme court to make it clear that donald trump did obstruct, that he involved allegations, involving what he was going to do with physical ballots. As we remember, the supreme court said that's part of obstruction now. It has to do with the actual documents that are going to congress and jack smith said yes, that's what happened here, so he really looked at what the supreme court had done and then tailored it to deal with that. We'll see what happens today and then in terms of the one thing that could happen is there could be a hearing, the socalled mini trial and i will be interested to see what the parties say about that and obviously next week whether judge chutkan is going to order that before the general election. I hope that he is successful. Is making us feel a little tiny bit hopeful. I just want to know for our audience that ruby freeman and shane moss, the two georgia election workers, they are asking the court to control rudy giuliani's assets after his $148 million judgment, if you want to have a final word on that. They should get that money, right? all his money. They should get all that money and we also should remember that what they faced and suffered, we have other folks that make pace and suffer it in this cycle. That's right. It is critically important that all of the accountability be enforced. I want to know that the arlington national cemetery army employee was afraid to file charges after essentially being physically we could say assaulted since it was a push. We don't know what happened but they were too afraid to file charges because they were afraid of donald trump's race. That is hello we have sunk. Andrew wiseman, my wiley, always a pleasure. Coming up, securing the latino vote will be crucial in this year's presidential election. We'll take a deeper look at the very important voting block, next. Next. Out i have afib, and that means there's about a 5 times greater risk of stroke. Symptoms like irregular heartbeat, heart racing, chest pain, shortness of breath, fatigue, or lightheadedness, can come and go. But if you have afib, the risk of stroke is always there. If you have