Agree to the Debate Rules. What we have just learned about next Weeks President ial faceoff in philadelphia. Good morning. Great to have you with us. Ana cabrera. At a courthouse in washington, d. C. a critical hearing starting right now in Donald Trumps federal election interference case. The firsts in this case since the Supreme Court ruled that trump could claim some immunity and since prosecutors charged trump in a Superseding Indictment. Todays hearing will determine how and when this Case Moves forward. Lets bring in Justice And Intelligence correspondent Ken Dilanian, former u. S. Attorney barbara mcquaid, and christy greenberg. So ken, Lay Out for us what we expect to happen today. Reporter good morning. This is a scheduling hearing. And the two sides are going to present their proposals for how to move forward in this case. To answer the question you raised in the opening, theres no chance this case can go to trial before the November Election because whatever the judge decides in terms of what she views in bounds, what are official acts and what were president ial acts, that can be appealed pretrial all the way to the Supreme Court. Theres no way that process plays out before the election. But in terms of scheduing, its important because it may dictate how much of the evidence, how many hearings well have on the evidence in the case before the election, and even after the election, if trump wins, because the Justice Department will continue with this prosecution until the moment he takes office, if he wins. The first dispute is about what issues the come before the judge first. Donald trumps lawyers want the judge to take up the question of was Jack Smith appointed illegally. The judge in florida dismissed the second case on the grounds that the special Counsel Appointment was illegal and unconstitutional. So Donald Trumps lawyers want the judge to hear that issue and decide on it. That seems like a remote possibility because the law in this circuit clearly suggests that judge Canons Decision was wrong. Its not just district judges. The Appeals Court ruled that way also. What Jack Smith wants the judge to do is immediately go to the issue of what are the president ial acts and whether this Superseding Indictment, whether that can pass muster because hes he views as official acts ruling, but Donald Trumps lawyers disagree. They are going to argue a lot of the conduct hes alleging should be Out Of Bounds. Thats the main dispute. Today is really about scheduling. The lawyers are in the courtroom. Donald trump is not here. The lawyers will enter a plea of not guilty to this new Superseding Indictment, which contains no new allegations. It narrows it down. So well see what happens. Its going to be an interesting day. Thank you, ken. Stay with me. We do have an update from the courtroom the. The judge is on the bench. Court is in session. Because its federal court, no cameras, but we are continuing to report out what happens there. So christy, the judge had quite a bit of a Waiting Period as she waited for the Supreme Court to make this decision on president ial immunity. How do you see this case moving forward . What will you be watching for specifically today . I think the yuj is going to have no time for any of the Delay Tactics that trump is proposing. He did you want doesnt want to get to it. Now i dont even want to brief that. I want to talk about why the special Counsel Shouldnt here. The Supreme Court said in its opinion, you have to deal with the immunity issues at the outset of the litigation. They were pretty clear about that. The judge is going to look to get back to business right away. I think shes also going to be skeptical because trump could have made that argument about the Special Counsel when he was making the immunity arguments, and he didnt. The law is so clear that theres no argument there. I also think shes going to be very skeptical of his arguments regarding the immunity litigation. Hes saying we cant get to briefing for months because i need all the discovery. For Jack Smith to say you have it, lets get started, i think she will absolutely be no nonsense. Look to get this on track quickly. There was this ceding indictment. How strong is this case after the supreme Courts Decision . Its plenty strong. I think that the main allegation thats been removed was trumps alleged efforts to abuse the Justice Department as part of this whole plot. Personally as a former doj employee, i found that the most egregious of the charges. It doesnt diminish whats left, which is pressuring state legislators, fake slates of elector, and exploiting the chaos at the capitol to pressure members of congress to block certification. All of that remains in the case. I also think its noteworthy that some of the language changed to reflect a different Supreme Court case. Where the Supreme Court said to obstruct a proceeding, it must involve documents. So it points out its all about the documents. Its about the slates of electors, the balance that are kept in the big box that was carefully safeguarded by staffers during the chaos at the capitol. So the case remains strong. I think Jack Smith is itching to dpo. Im just looking at whats happening now inside the courtroom. And the judge did start out making a a joke with Donald Trumps lawyers noting that he looked rested. It had been almost a year since they had seen each other. So she said you look rested, as he introduced himself and joked telling him to enjoy it while it lasts. Ken, you talked about how because of the Delay And Sort of the backlog of decisions that have to happen before this can go to trial, where does this case go next . Reporter it depends on what the judge rules today. If, as we all believe shes interesting in expediting and getting things moving, presumably there could be a hearing or a series of hearings examining this question of what evidence should be in bounds here. What are official acts and what arent. Thats consequential because that may require a lot of evidence to be put in front of The American public. That those who havent read the indictment are familiar with it. Were going to hear more about how Donald Trump tried to stay in power by allegedly conspireing to violate the law, to deprive millions of americans of their right to vote, to obstruct congress. That could be a big deal. It could transpire in the courthouse behind us before november. The trump legal Team Strategy has been delay, delay, delay. The judge did tell trumps lawyers last october to sort of Set The Tone for how she wants to approach this. This trial will not yield to the election cycle. Already today shes saying she wont make a ruling on the schedule, but shes also saying she hopes to get an order out later today. So that also the indicates she wants to move swiftly. Realistically, how quickly could this move . Youre going to see briefing. Thats what the Special Counsel has requested. They said were ready to go. Any time you tell us to, we will file this brief explaining our indictment. Why the supreme Courts Opinion does not affect any of the acts that we have alleged here in the indictment as criminal. So i think shell set a quick schedule for that briefing to occur. Then the real question will be whether or not those hearings happen before the election. I i think the briefing will take some time. Its going to be pretty intensive. So i think given that theres been some delay in getting to this conference, initially it was supposed to be in august and now were in september, im a bit skeptical well get those before the election, but the briefing is going to be substantial. Theres going to be a lot of facts laid out there. So even if we dont get to those hearings before the election, i do think theres going to be a lot for The American people to learn from Jack Smiths briefing. And they have this new Superseding Indictment thats come between that decision and todays hearing. They are going to be talking about that. She did just accept the not guilty plea. The times have pointed out that soon after the indictment was returned to the judge following the supreme Court Ruling, she told trump when he was in her courtroom, she planned to look on him as a criminal defendant, not as a former president. As for the fact that he was running for office again, that, she said, somewhat dismissively, was his day job. What do you take from that . I think that sends a very important message that no one is above the law. You cant get out of a criminal trial because youre running for president. Otherwise, anyone would announce their candidacy and be able to divert their criminal charges. That means shes going to push forward andwater going to see the briefs. Some suggested there might be a Mini Trial where we hear live testimony. I would be surprised if thats the case. I dont think either party wants that. But i do think were going to get briefs that spell out in detail the allegations and the evidence. The other thing Donald Trump has requested because of his candidacy is the briefs be filed under seals so The American people do not see the dalking allegations and evidence. I think going back to those words, shes unlikely to grant that because there is a presumption that documents filed in court are to be unsealed and in the public domain. Shes to treat Donald Trump like every other defendant, we will see the briefs. Were just about ten minutes into this hearing. Seems to be moving pretty quickly. Reporter she does not fool around. Shes the exact opposite of judge canon, who ponders and mulls and questions every move by the lawyers and every brief before her. She keeps things moving in her courtroom. So we could be done with this hearing before we thought. And assuming no trial before the election, just remind us what happens to this case if trump is elected . What happens if he isnt elected . If trump is elected, this case goes away. He will direct his department of justice to dismiss the charges against him. If hes elected, were done here. That is the same with the florida case. He will direct his department of justice to drop any appeal there. If Kamala Harris is elected this case will continue. She presumably will have her department of justice continue with this case. Theres a new Attorney General. That Attorney General will understand and appreciate the importance of both of these cases and stay the course. Thank you so much. Please stay close. To the Campaign Trail next. The high Profile Republican officially backing Kamala Harris and her message to fellow members of the gop about the stakes of this election. Plus mounting pressure for a ceasefire deal. Are Benjamin Netanyahus messages causing new confusion . But first, when were back in 90 seconds, new details on the Mass Shooting at a georgia High School. The shooter known to Law Enforcement. The latest from the community In Mourning. The latest from the community In Mourning vo you were diagnosed with Thyroid Eye Disease a long time ago. And year after year, you weathered the storm and just lived with the damage that was left behind. But even after all this time your Thyroid Eye Disease could still change. Restoration is still possible. Learn how you could give your eyes a fresh start at tedhelp. Com. Honey. But the gains are pumping the markets closed. Futures dont sleep in the after hours, bro. Dad, is mommy a Finance Bro . she switched careers to make money for your weddings. Ooh Penny Stocks are blowing up. Sweetie, grab your piggy bank, were going all in. Let me ask you. For your wedding, do you want a gazebo and a river . Uh, i dont. Whats a gazebo . Something that your mother always wanted and never got. Or. You could give these different Investment Options a shot. The right money moves arent as aggressive as you think. Im keeping the vest. I saw a deceased body on the floor, but it was covered up. And i saw a female with a Shot Wound to her leg. It was just really traumatic. No matter if theres cops in The School, theres still no safety at all. That was a high School Sophomore describing the moment she emerged from her classroom just 24 hours ago after she and her classmates hid a shooter in their school. Two classmates and two teachers are now dead. Nine others are injured. The 14yearold Suspect is set to be charged as an adult. Jesse Kir Issue is onened the ground. Reporter were told Yesterday Morning gunshots rang out at the High School behind me here. Authorities tell us in the process, four people were killed, two of them 14yearold students. The other two people killed were teachers. Were told additionally, nine people were shot and rofring from their injuries. Were told by authorities that the nine people injured by gunfire are expected to survive. Which is hopeful news amidst all this tragedy. The suspect in the incident surrendered when he was confronted by authorities. Hes now in custody. Were told that at the facility where he is, the first thing he would be going through is a mental and physical evaluation. Thats one of the first things. Its unclear where he is in that intake process. Were learning more about the suspect as well. His name is colt gray. 14 years old. A student at The School according to authorities, who is expected to be tried as an adult even though hes 14 years old in the aftermath of this deadly shooting. We know the suspects was interviewed by Law Enforcement in relation to those online threats in may of 2023. What are we learning about how that unfolded and what came of that investigation . So we now have an Incident Report from that series of events over a year ago. According to this Incident Report, im going to read a portion of this for you now. Were going to put it on screen. Authorities in this report say colt, the suspect in the shooting, colt assured me he never made any threats to shoot up any school. I urged the father to keep his firearms locked away and he advised him to keep colt out of school until this matter could be resolved. The father, according to this report, said that school was already out for the year at this point. According to authorities, they have said multiple times there was not probable cause for an arrest in that incident more than a year ago. Fast forward to yesterday, now we have four people dead. Nine more shot and injured. Were told this was all involving an arstyle weapon. So questions remain about how that weapon got in the boys possession, how it got into The School and how it led up to a horrific incident in another american community. Thank you for the reporting. Joining us now with more on this is former secret Service Chief Psychologist marissa randozo. She conducted a study on School Shootings. Thank you for talking with us today. We know the suspect was on Law Enforcements radar a year ago for those online threat, but after theyers and viewed him, they said there was no probable cause for an arrest. Could police have done anything differently . So in the situation like this, we still have so much that were worrying about. I dont want to Monday Morning quarterback, but in situations like this, Law Enforcement often does not have enough to go on. They dont have enough to be able to say, we can arrest. Often times even if they have enough to charge, a prosecutor will say not worth going through prosecution. But in situations like this, this happens more often than people realize. Theres a process that Law Enforcement can do in partnership with The Schools to run something called a behavioral Threat Assessment to see does this person pose a threat of violence to others, maybe harm to themselves. If so, usually that means they are in some sort of crisis. What can we do to get them out of that crisis. So there are laws across many states that actually require this process in The Schools now to say, look, we have a student whose behavior is worrying us a lot. Theres not enough for Law Enforcement to charge and maybe thats not the best way forward any way. But what can we do to keep an eye on this student, figure out are they in Crisis And Figure out how to help get them off a pathway to violence and on to a better path. This suspect is so young, just 14 years old. What do you make of that . We have seen even younger. Looking at the entirety of the universe of u. S. School shootings, the youngest We Saw was 6. Then the oldest was even people who had graduated or failed to graduate High School and came back years later to do harm. But what i know about the 14yearold Brain is thats a time when brains for kids are under construction. They cannot think through consequences the same way that adults can. They literally have an impairment in their brains that its not built yet. That part of the brain that can think through consequences, which is why we have a juvenile Justice System. Ill tell you. Theres one School Shooting that we studied years ago that occurred quite a long time ago, but was handled strictly through the juvenile Justice System. The person who went through that came out with seeld record. He went on to become a practicing attorney. So there are things that our juvenile Justice System is built to do, but i understand that the public outcry in a case like this is for immediate justice and that the inclination is that we want to charge someone as an adult, even though their Brain Isnt developed. Given this is a juvenile suspect, we know that police did interview the Suspects Father a year ago when they had the threats. He told them his son didnt have unsupervised access to the guns in their house. Under Georgia Law, minors can cannot possess handgun, but georgia does not have any laws requiring safe storage. Could the parents face charges . Sglu dont know the Georgia Law well enough to know, but what we have seen in other states, parents face charges for failing to take action based on a concern. We certainly