The first pretrial arguments in Donald Trumps federal Election Interference Hearing since the supreme courts controversial decision ruling out critical testimony of trumps contacts with the Justice Department and Vice President Pence. Pure evil. A Georgia Community reeling after a 14yearold Boy allegedly murdered two students and two teachers in a High School 45 miles from atlanta. The sheriff in the town shocked and in mourning. I dont know if i will ever get over the sounds, having to do the notifications to the family that their baby is not coming home. Love is going to prevail over what happened yesterday. I will do everything in my power to make sure that happens. Terrifying video showing students helped by Law Enforcement to escape. The fbi explaining why they had the teenage suspect questioned a year ago but did not follow up. Debate prep. Rules are set for tuesdays big showdown in philadelphia. Vice president harris picks up a major republican endorsement. Not only am i not voting for Donald Trump, but i will vote for Kamala Harris in this election. [ cheers and applause ] good day, everyone. Im Andrea Mitchell in washington. We are watching two Major League stories on both coasts. Here in d. C. Donald Trumps legal team and prosecutors facing off in Federal Court for the first time since that supreme Court Decision throwing out a lot of the critical evidence in the case, granting the president immunity from those issues. We begin in Los Angeles where Hunter Biden has just walked into a Federal Courtroom and his lawyer says he plans to change his plea in that criminal tax trial. Joining me now from outside the courthouse in l. A. sarah fitzgerald, Mike Memoli in wisconsin, in d. C. Ken dilanian is outside the Federal Courthouse blocks from here, as is Lisa Rubin, former u. S. Attorney Joyce Vance is also joining us. Sarah fitzgerald, lets start with you. Bring us up to speed on the trial. A big change. Reporter absolutely. It was a shocking moment in the courtroom. What started out as what appeared to be par for the course. The judge started discussing jury selection, how it would work, how they would move jurors between different rooms. Then Hunter Bidens attorney stood up and said that they would not need to proceed to that because Hunter Biden intended to change his plea. He intended to change his plea to an alfred plea in which the department accepts the sentence but does not indicate that they are guilty or do not believe they are guilty of the crime. Its a unique plea. But its part of the Justice Department handbook and has been applied in other cases. Prosecutors appear to have been caught completely off guard. There were some dramatic talking in the courtroom. They said, this is the first we are hearing of this. The two parties, the prosecution said they needed time to discuss and the two parties right now are deferring and are expected to be in recess until 11 00 a. M. Local. Abbey lowell expected it could be done by The End of the day. We will wait and see if that happens. Its our understanding from looking at the law that there are some elements that need to happen before that could take place. That will require discussion between the prosecution and the defense. It was a very, very dramatic moment that appears to have caught everyone off guard. We had some indication that something might be afoot. Earlier this morning there was a meeting, Hunter Biden walked into the courtroom, and The Press was not allowed to walk inside. We were told it was a private meeting with the judge. That lasted for some period of time. Then at some point, a member of the Prosecution Team wheeled in a large cart that was full of binders and other trial prep materials, walked into the courtroom and then five minutes later walked out. When i followed her out and asked why she was doing that, she said she did not know and did not have any comment. Its a dramatic course of events here. I think an indication that the defense did not feel that they wanted to go through with what was expected to be a very lengthy, embarrassing and expensive trial. For submitting a false or fraudulent tax form. It was expected to kind of lay out a lot of his most embarrassing details about drugs, purchases of escorts, other Sex Club memberships, members of his former family were expected to testify. I think this plea is an indication that at the last moment there was a decision that going to trial was just not worth it. A plea and possible jail time was a better fit. Thank you so much. Mike memoli, this, of course, spares the Biden Family more details coming out. I think you are in wisconsin where the president will be ledding shortly. He has events there today on the Campaign Trail as a surrogate today. The Biden Family, even though he is no longer the candidate, this was going to be a big campaign issue. You know that. Reporter yeah, thats right. President Biden Today launching something of a new and final phase of his presidency as he describes himself as the busiest surrogate for Vice President Kamala Harris. We saw them together earlier this week in the Campaign Context in pittsburgh. He was using an event here in Southwest Wisconsin to talk about the ways in which his agenda delivered for those kinds of voters who didnt support him. When we think back into the context of the previous trial when President Biden was an active candidate, we saw just how not just politically potentially that was disruptive for his campaign, but just how damaging it was to the family, how wrenching to have the First Lady of the united states attending most of the days of that trial. At one point flying to and from france twice to be there for her son. Other members of the family there to be in support of him. To see members of his family, his exwife, his daughter testify against him and on his behalf. This was a wrenching moment for the family. As soon as that guilty verdict came down, the questions were immediately, looking ahead to this trial, knowing as sarah laid out details that would emerge, topics discussed, questions asked, more embarrassing, more difficult, more personally problematic for the Biden Family. Was there any way to avoid this second trial coming to be . There had been very little indication that a guilty plea or some sort of change in plea might change might be coming. This was something that i think many people in and around the president who have been watching this all play out without the ability to maybe influence events, this has been a Family Member that has been handled within the family. We saw the white House Press Secretary asked about this. She once again said this is a that Hunter Biden is a private citizen, a private matter and they would not comment. If this goes forward thats a big if. We have been down this road before. We saw Hunter Biden attempt to go in with a Plea Agreement with the government that fell apart under questioning from the judge. We must stress in the early stages of these Developments Today the judge would have to accept this, the government would have to be willing participants in this before we can say that this is a degree of finality. If this were agreed to, this is not over for Hunter Biden. This does lift a certain amount of weight from the shoulders of the family. But he does have sentencing that he is awaiting for that prior conviction after the election in november in delaware. That would still be outstanding. Certainly some significant developments from the Biden Family perspective. You are right, mike. Your perspective is important. Joyce vance, bringing you in here to talk about the legal issues. As mike points out, the judge has to accept this. The delaware case, which was the gun felony case, the case that was going to resolve all these issues and avoid the Tax Charge from proceeding, that deal that Plea Agreement fell apart. What are the chances the judge says, no, im not going to accept this, lets go to trial . Is this something that does benefit the government . They dont have to have an expensive Trial Tieing up a judge and courtroom. All sides can agree. Its an acknowledgement of guilt. He is not disputing that, but its not a guilty plea. The Evidence Wont be presented in all of its salacious aspects. Its valuable to the government. This isnt the normal kind of Plea Agreement we are used to seeing where the Government And Defendant work out a deal and the defendant acknowledges guilt. Here Hunter Biden will maintain he is not guilty, but he is pleading because its in his best interests to do so, because he believes the government could get a conviction at trial. The judge will this is what happens in a normal Plea Agreement situation, too. The judge will question biden very carefully to ensure that the plea is voluntary, that he understands the consequences, that he knows that he will face sentencing and possible time in custody. It will be up to the judge whether or not to accept this sort of plea. These arent common but not unheard of. They are something the prosecutors will be authorized to sit in the courtroom and watch happen. Its an unusual twist. Its interesting that biden gave appears to have given no notice to the government in advance of advising the court he intended to plead. The last thing i will say is that defendants in criminal cases always have a right to plead guilty. They can stand up in court, they can plead guilty to the indictment that they are charged in and take the consequences. This is different from that. Its different from the typical negotiated plea. This is a defendant saying, im not guilty, but its in my best interests to plead so thats what im going to do. Very briefly, in making this plea, if she were to accept it, we should point out that the biden defense has argued that most people who pay their back taxes in White Collar cases are not prosecuted. This was already, according to them, an unusual prosecution, which they said had some political implications. Joyce . Thats right. That makes this plea a little bit surprising. Because bidens attorneys seemed to be preserving for the appeal their ability to make that kind of argument, that this was a selective or vindictive prosecution. That biden was treated differently than other similarly situated defendants. Perhaps prosecution was motivated by political problems. They were rejected here. It looks like when they were facing picking a jury, they decided it was truly in his best interests to enter this plea. Okay. Thanks to Mike Memoli. Joyce, hang with us. Thanks to sarah fitzgerald. Back to the courthouse here in washington. Chutkan saying the court is not concerned with the election Time Line. Special counsel retooled its indictment to focus on Donald Trumps role as a private citizen. The former president did not attend in person. He didnt have to. His attorneys entered a not guilty plea to the Superseding Indictment on his behalf that came out two weeks ago. Ken dilanian and Lisa Rubin are outside the courthouse. Ken, what are the sides arguing when it comes to mr. Trumps January 6th conversation with then Vice President Mike Pence . Reporter on that score this was a scheduling hearing. We will see we think we will see a ruling a Scheduling Order from Judge Chutkan later today. On the question you just asked about Vice President Pence, what the Special Counsel is arguing is that that conduct, Donald Trumps pressure on Vice President Pence to delay the certification, that is properly included in this indictment despite the supreme Court Decision on president ial immunity, because donald Trump Wasnt acting as the president when he did that. He was acting as a candidate. Mike pence was acting as the president of the senate in a ceremonial role. Thats hotly disputed. Thats one of the things they litigate before Judge Chutkan. What was really in Dispute Today was the scheduling and the order of things. Special counsel wants to deal with the immunity question first and foremost. He wants to file a detailed brief, including possibly new evidence, including Grand Jury testimony and other evidence that the public hasnt seen before in order to argue before Judge Chutkan about what conduct should be included in this indictment, what is president ial acts and what is not. Donald trumps lawyers are pushing back against that. They want to delay. They are arguing there should be other things that she deals with first, including the question of whether the Special Counsels appointment was legal, something which in this d. C. Circuit has never been entertained. They have ruled its kosher. In terms of tone, Judge Chutkan could not be more different than Judge Cannon in florida in terms of making clear that Donald Trumps role as a president ial candidate and a former president has nothing to do with this criminal indictment. The public as well as the defendant has a right to a speedy trial. She knows whatever she decides will be appealed to the supreme court. She will not set a trial date. She does intend to set a Scheduling Date later today. We will learn more perhaps about how this case is going to proceed. What we will see before the november election. Lisa, you were there inside the courtroom in this Federal Courthouse. What struck you about the two sides and the judges conduct here and what shes going to entertain and what shes not going to do . Reporter Judge Chutkan was prepared for todays status conference, going through methodically not only where the case has been but what outstanding issues are still on her plate before asking the parties to talk about what the schedule should be going ahead with respect to immunity. One thing that really struck me was not only the presence of the Special Counsel Jack Smith, but how all eyes darted in his direction when they talked about his desire to brief the legitimacy of the Special Counsels Appointment And Funding for his office. Jack smith, he said, is an illegitimate prosecutor who has overseen an illegitimate indictment. Judge chutkan pushing back. As ken said, reminding them that in this circuit, the d. C. Circuit, has long ago decided that a Special Counsel can be appointed by an Attorney General consistent with the constitution. The other thing that struck me was just what a difference Oral Argument can make. It really crystallized the issues between the two parties. Special counsels Office Telling Judge Chutkan that while in the ordinary course, its up to a defendant to move to dismiss an indictment or Superseding Indictment, because of the immunity issues here and because of their desire to litigate those issues all at once and have only one more round of appeals before trial, they want to put forward before her a brief that includes all of the evidence on which they are relying. That could be grand injury transcripted. Memos memorializing interviews. It could take the form of lots of other kinds of evidence. Most of which they maintain is sealed. Thats where we got into the election. The brief the Special Counsels office wants to file would put in front of the public inflammatory evidence at a particularly sensitive time. When he said sensitive time, Judge Chutkan said, ah. She said, what you are alluding to, the pretext here and that sensitive time is the election. That is of no moment to the court. Joyce, whats really interesting here is the first time we are seeing and hearing from her since the Immunity Ruling by the court, which barred Jack Smith from even mentioning mr. Trumps attempt to use the Justice Department to call Mike Pence. They will put forward in the 302s all of this evidence that would have come out at trial. This will be a way of possibly before november giving the public some indication of what the Prosecution Case is, assuming that she does rule as indicated that the prosecutor that Jack Smith has the right to do that. That could be appealed to the supreme court. Would that delay everything, including further pretrial hearings . Its messy. Right . We will watch the sausage get made and it wont be pretty. The reality is, we dont know all of the answers about the Time Line or how the process will work. Its very clear that Donald Trumps lawyers have one goal, that delay. The Special Counsel has a very different goal. His goal is to limit the number of additional pretrial appeals to just one. He wants to get all of these Immunity Questions out and presumably other issues involving motions to dismiss to the extent that they are appealable pretrial, he wants them all out now so it can go up in one more package and then hopefully he will get to try his case. Here is the reality about discovery and evidence. I think we need to push back a little bit on this notion that we are going to learn a lot of new things if the Governments Case is revealed before trial. We already know what happened. We lived through it. Might Jack Smith have a new witness . Perhaps a cooperating codefendant from the Trump Camp . Thats certainly possible, because there are people who have pled guilty in some of the state cases. I think we already know the contours of this case. Judge chutkan really put it best. When they tried to say this was about the presidency, she said, no, this is a case about the four charges in this case. Her job right now is to take the supreme Courts Decision that expanded the contours of president ial immunity beyond what we knew and decide what evidence can still be heard at trial. Its such important points. We appreciate you all. Right now in new york city, former President Trump is giving a speech to the Economic Club Of New York where he is expected to call for a lower corporate Tax Rate and population ecuse me, regulation cuts. This is the most important economic audience. Its all of Wall Street and banking in the world, really. Its a good chance for him to try to persuade them. A lot of them back him, whatever his politics. They like his economic policies. We will bring you any major news. A terrible day in