Here is the week that was. Israel defense forces say this 52yearold israeli man was rescued from an underground tunnel during a complex mission in southern gaza. A new indictment from a federal grand jury in an election case against federal donald trump. Stripped away supreme court acts that are offlimits in immune from prosecution. Semper fi. Sounds like we have some fans and some haters. That's okay. Mr. Trump also did pending his campaign's recent conduct at arlington national cemetery. I don't of the rules and regulations, i don't know who did it. It with your campaigns tiktok the put out ? i want to be passionate about protecting reproductive rights. The contract cannot be clearer about what we are running against. I am running because i believe that i am the best person to do this job at this moment. For all americans. We have breaking we have breaking news as you join us at the beginning of the katie phang show. Attorneys for former president donald trump late yesterday filed two briefs with the appellate division first apartment in new york. Making many of the same arguments they have made in the past, this deals with the civil fraud judgment that was rendered against donald trump, his two adult sons, and several of his businesses. That was the case that was brought by attorney general in new york, letitia james. We will be getting a little bit more into that when we are joined by glenn kershner. But we are here also to talk about the tale of two timelines. Also, overnight in trump's d. C. Federal election interference case there was a filing, a joint status report we were all waiting for to be able to get information in front of judge tanya chutkan to decide the progress of that case. In his proposal, special counsel jack smith emphasizing the urgency of this case, saying the court should immediately make immunity determinations and advising that he is standing at the ready to file his opening brief, saying, quote, as promptly and at any time the court deems appropriate. On the other hand, trump's proposal unsurprisingly suggesting more and more delay. His legal team argues that before deciding any questions over immunity, judge chutkan much decide whether jack smith can even proceed as special counsel in this case. Trump's proposed date aims to put the start of any potential trial in this d. C. Case until well after the next inauguration in 2025. So, what will judge chutkan do? all eyes will be on her this coming thursday when both sides convened to discuss the future of the case. Meanwhile, trump's busy september is chockfull of hearings in the e jean carroll election case, the election interference case, and the new york civil fraud case. Joining me now for more, glenn kershner, federal prosecutor, emison bc legal analyst, and because of the amazing justice matters podcast. Glenn, i'm going to make you johnny on the spot here. We did get some information from that filing in the new york attorney general civil fraud case. It is a reply brief. To just get people who are tuning in, up to speed, there was an appeal done by donald trump. The new york ag's office has been filing its arguments in front of the appellate court. Donald trump has done the same, as we just noted. But it was stuff that was already argued in front of justice arthur ingrown. Your thoughts before we move on about what is next in this process. Donald trump's lawyers seem to be the king of repetition. In every case they make the same arguments over and over and over, largely, as you mentioned, for delay. How many times did they ask in the criminal trial in new york to recuse himself. I think we are up to four and counting, and they are rejected every time. I think any time he files a repetitious claim that has been rejected by courts previously, they are going to be rejected again. So, let's move on to the joint status report, that was definitely something we were waiting for last night. It got filed at the 11th hour, no pun intended. So i am really focusing on this. Because jack smith wants to file something that he has called an opening brief, and he wants to do this because he wants to explain to judge chutkan why the immunity issues in the supreme court's immunity rolling do not apply now to the superseding indictment that he filed earlier this week. But then, as i noted, donald trump just want to basically delay it. In fact, trump says you can't even get the immunity arguments until you deal with the fact of whether or not special counsel jack smith can even proceed on this case. Yeah, katie, this is a joint status report, which should be kind of a boring, runofthe mill kind of submission to the court. It is 10 pages long. It is anything but boring and runofthemill. There is one what i would call money lied, and it is on page two. The first two pages are jack smith saying listen, judge chutkan , the supreme court has returned the case to you to litigate the presidential immunity issue in the aftermath of the guidance the supreme court handed down. And in the first two pages, jack smith proposes to do just that. Here is what i would call the money line. He says that the government, the prosecutors propose that it will file a brief in which we will explain why immunity does not apply to the categories of allegations in the superseding new indictment, or, and here is, i think, the important information. For additional unplanned categories of evidence that the government intends to introduce in trial and will put in this brief. What does that mean? finally, it means that even though we know some of the information about donald trump's crimes and conduct, because we have read both the original 45 page indictment and the newly released 36 page indictment, jack smith just said judge chutkan, i'm going to put lots of other information and evidence about donald trump's crimes and conduct. So you have it all. So you can make a decision about whether each thing donald trump did was official or unofficial, might enjoy immunity, or should not enjoy immunity. And of course, donald trump's lawyers for the next 7 1/2 pages put a bunch of nonsense in their, designed to delay the case, and specifically they set out a timetable through spring or fall of 2025, and they don't even get to the immunity question. Why? because they don't want any of that new evidence and information coming out before the election or at any other time, if they can help it. Now what remains to be seen is when will judge chutkan say okay, we're going to litigate this issue. I want the briefs. Will they be september, will maybe october? because those briefs, according to what jack smith said, are likely to contain a whole bunch of information that the grand jury knows about donald trump's crimes, but that the american people do not yet know about. Yeah, that critical adjective that you're pointing out is the quote unplanned evidence, the allegations meaning they have not been included in the language of the superseding indictment, and that is that evidence about which the grand jury knows, but america has not seen. And i will note, also, that this is not going to be filed under seal. If jack smith does this opening brief, everybody, including all of us gets treated. Something that really bothered me about what trump did in his proposed deadlines, is when he said that the special acute counsel appointment issue has to be determined first. He cited two things. One was justice clarence thomas concurrence in that immunity opinion, and the other was judge cannon's dismissal of the classified documents espionage case. What does that tell you, then, about what trump is trying to do when it comes to getting immunity decided later, and special counsel jack smith appointment decided first? well, to any attorney who cares about and understands the rules when it comes to briefing of the case, there is a real problem when there is a controlling supreme court precedent. The nixon case from 1974, which said of course special counsel is not only lawful, but richard nixon has to comply with the subpoena to turn over the tapes. Courtesy of the subpoena issued by that lawfully appointed special prosecutor. And when a defense attorney refuses, declines to put that kind of controlling, contrary authority in a brief, that is not going to win him any points with judge chutkan or any other judge. But it is clear what they are trying to do. They want to try to stack all of these other motions on the calendar before they ever get to the crimes donald trump committed. And katie, that is why the supreme court remanded this case to judge chutkan. It was to resolve the immunity question, which is what is supposed to be resolved first. Because, as we all know, immunity, you can appeal it presently. You don't have to wait until the end of the trial. Donald trump's lawyers, i don't think, did themselves any service by filing this motion, which was largely nonresponsive to what the question was that was to be addressed and decided. I think trump has, once again, underestimated judges that will actually go toe to toe to him without, and one of them is judge tanya chutkan. Thanks for getting us started and getting us caught up on all things legal. Justice matters. Still to come on the katie phang show, evangelicals for harris. Could the christian vote help kamala harris take the white house? i will ask texas state represented in and devout christian his thoughts. But first, gaining ground as trump plays defense. Vice president harris continues to make headway in the polls on the heels of her first major interview alongside running mate governor tim walz. Keep it right here on msnbc. We know running a small business takes a lot of grit and hustle. So we're the stress less store. And the we've got your back store. Because when you trust us to pack it and ship it, we guarantee, so it'll get into the hands of your customers safely. Which is why we're the stand by work guaranteed store. Come into the ups store today. And be unstoppable. Incoming dishes. ahhh! duck! dawn powerwash flies through 99% of grease and grime in half the time. Yeah, it absorbs grease five times faster. Even replaces multiple cleaning products. Ooh, those suds got game. Dawn powerwash. The better grease getter. 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And i've told them that i want more weeks. So you will vote in favor of the amendment? i am going to be voting that we need more than six weeks. That was donald trump on thursday saying that he would vote for a florida ballot measure that would overturn the state's sixweek abortion ban. Then just 24 hours later, after an onslaught of backlash from his conservative evangelical base, he flipflopped and said this. So, i think six weeks, you need more time. Like six weeks, i have disagreed with that right from the early primaries, when i heard about it i disagreed with it. At the same time, the democrats are radical, because nine months is just a ridiculous situation. So i will be voting no for that reason. Let's be clear, because there is no fact checking there. There is no after you are born killing of babies by democrats. So, if trump is anything, he is consistently inconsistent. Joining me now is lindy lee, midatlantic regional chair for the dnc, and political strategist. And susan del percio, republican strategist and msnbc political analyst. I want to thank both of you for joining it me today. Susan, that was quick. Why he did the flip flop is pretty obvious, but the real question is, will that flip flop have a tangible impact on his supporters? i feel like he insults their intelligence if he thinks they cannot figure him out. I don't think it will have any effect, katie. And it is great to be with you today. The reason i don't think it will have any effect is because he had to flip flop. He had to go back to a more pro life stand that he once didn't have, that he had, we could go back and forth. He was never going to win over moderate republican women or rightleaning independents with the statement he made about it has to be more than six weeks, and going to the states. But what he was in danger of doing was losing some of his right to life support. And the trump election, right now, his campaign is strictly focused on base turnout. Much, ironically, how the harris team is running their campaign. This is all about getting your voters out, and in trump's case, some people who may be have never voted before. So it makes sense that he went there. The thing that is so frightening, and i wish both sides would kind of recognize, although i think the folks who are not for trump do, is that trump had no idea what the heck he was talking about. Do you honestly think he knew what the constitutional amen