Going to see you tomorrow, right . Yes. Im going to be in brooklyn for the Msnbc Fan fest which is going to be one of the great saturdays in history. It looks like a lot of fun. Been talking to a lot of colleagues who have been down the. Have a great show. See you then. November election is not just 60 days away in the highly anticipated first president ial debate between Kamala Harris and Donald Trump on tuesday could shake up the race even more as ballas will begin to go out to voters. Vice president harris is prepping for the debate with advisers in Pittsburgh Today for sources familiar with the debate tell Nbc News that harris and her team are focusing on honing in on how to remind people what it was like during Donald Trumps years but while Kamala Harris, a former prosecutor, is focused on prosecuting the case against her opponent for the voters, Donald Trump, the convicted criminal, spent tuesday fighting his many court battles. This afternoon in the New York criminal hush money case, Judge Merchan decided to postpone trumps sentencing until tuesday, november the 26, three weeks after the president ial election, explaining his decision writing quote, the Publics Confidence in the integrity of our judicial system demands a Sentencing Hearing that is entirely focused on the verdict of the jury in the weighing of aggregating half aggravating and mitigating factors free from distraction or distortion. The members of this jury served diligently on this case and the verdict must be respected and addressed in a manner that is not diluted by the enormity of the upcoming president ial election. End quote. Inside a federal Appeals Court located a little more than a block away from the State Court where a jury unanimously found donald Trump Guilty of 34 felonies, Donald Trump appeared in person to try to overturn another unanimous Jurys Verdict that he is liable for sexually assaulting and defaming the writer e. Jean carroll. Today, a panel of Appeals Court judges appeared skeptical of the arguments by Donald Trumps lawyer, including the assertion that what Donald Trump said on the infamous Access Hollywood Tape should not be admissible as evidence. The Access Hollywood Tape as judge kaplan noted is better admitted as a confession. Per statement, he said this is what i do, i grab women without their consent. What about the argument whether it is new or not, that it is not propensity of events but it is a confession. How do you respond to that . That is the underlying problem. They dont point to a specific incident that its a confession of so for them just speculating confession about a Modus Operandi. A confession of trumps Modus Operandi. Remember that, right after he said when they you are a star, they let you do it. That is his Modus Operandi about everything from bragging about sexually assaulting women to encouraging putin to interfere to hurt his 2016 opponent to attempting to extort ukraine to sabotage his 2020 opponent and working to overthrow the election after he lost. Republicans who were in fear for their lives is insurrectionist on the capital on January 6th let him do it. They did not vote to convict him and bar him from president ial power. They are voting to return him to power in november. Today, trump parked himself in front of Television Cameras and launched an unhinged tirade against e. Jean Carroll And Other Women who have accused him of Sexual Misconduct that we will not air on this program. It was, as the Washington Post noted, startling even by trumps combative standards, potentially reminding voters of incidents that were little known or forgotten. At times, he seemed to relish using graphic language and characterizations of the case brought by Advice Columnist e. Jean carroll which could expose the former president to further legal challenges from her attorneys. End quote. It is kind of hard to overturn a negative verdict in a Defamation Case when you keep defaming the same person with the same lies over and over again. Its also maybe not the best idea for Donald Trump to be giving Kamala Harris father days before the debate. Donald trump represents lawlessness. One set of rules for everyone and no rules for him. On the heels of a major endorsement of Kamala Harris earlier this week the former republican congressman Liz Cheney announced today that her father, the former Vice President , cheney, will be breaking with his own Party And Voting for the democratic nominee for president. Cheney, your father, a beloved figure among democrats for many years. Do you know who he will be supporting were voting for, do you care to share with us . Cheney will be voting for Kamala Harris. Thanks. Words i never expected to hear. Yeah. You know, if you think about the moment that we are in and you think about how serious this moment is, you know, my dad believes that he has said publicly that there has never been an individual in our country who is as grave a threat to our democracy as Donald Trump is and that is the moment we are facing. Donald trump will let nothing stand in the way of his lawlessness. He has already vowed to pardon the criminals who attacked the capital on January 6 including those with been found guilty of brutally assaulting police officers, which will become relevant a little later in the show. Just yesterday, Donald Trump threatened to go after his political opponents because he is mad he is being prosecuted for his lawlessness. Two can play at that game, he said. That is why Liz Cheney warned that Donald Trump should never be given power again. The idea that you have the President Of The United States whose fundamental constitutional duty is to defend this nation, to ensure that our laws are faithfully executed, that he would watch an assault that he had instigated, he would watch this take place on television, he would ignore the pleas of people to tell the mob to leave and he would do that for over three hours i dont care what your Policy Perspective is. I dont care if you are a democrat or a republican or an independent. You cannot look at that behavior and come to any conclusion other than, that is depravity. That is depravity and you cannot give somebody like that power ever again. Joining us now is jennifer rubin, Opinion Columnist at the Washington Post. Also with us, barbara mcqueen, former united States Attorney Professor at the university of michigan law school. They are both Msnbc Analyst and friends of our show. Thanks for being here. Barbara, lets start with Judge Merchan and his decision and his reasoning in which he said this Jurys Verdict and deliberations deserve to be respecting. Sentencing deserves to not be distracted by other things including an election. Sounds reasonable, but there are a lot of people out there who think justice delayed is justice denied and that Donald Trump is always going to use the election to distract from whatever legal proceedings he faced. Yes, i am among those who are disappointed in this decision only because it suggests that there is one set of rules for Donald Trump, a former president , and a different set of rules for all of the rest of us and the Rule Of Law says that everybody should be treated the same. Now, of course with that one exception of a former president who was acting with the official scope of his duties, this was not within official duty so it is disappointing but having read the opinion, it did soften my stance a little bit because what Judge Merchan says is, it pains me to do this. It is not really any favor to Donald Trump. What he wants to do is honor the verdict of the jurors who deliberated and decided the case, returned 34 guilty counts against Donald Trump, and he wants his hands to be free from Distortion And Destruction that will inevitably come as the sentences imposed before the election, so his goal is to maintain public confidence in the system and not allow this to be just another Talking Point for Donald Trump as he plays the role of the martyr. Distortion and distraction is Donald Trump incarnate. In fact, the other Court Matter he was dealing with was the matter of e. Jean carroll and having been found guilty of both defaming her and sexually abusing her he said the same things that he said that got him in trouble for defaming her. He just keeps on saying them. Exactly, and his tour attorney, roberta kaplan, said all options remain on the table. In other words, this is the gift that keeps on giving. Every time he does this it sets up e. Jean carroll three, e. Jean carroll four in an endless parade of cases. He made an interesting point at the top of the show, which is, what is the benefit to Donald Trump of doing this . It cant help him with voters. It sounds unhinged. It is going to offend people. Its going to magnify his behavior to people who may not have even been aware of it and come back to the central premise, which is, he cant help himself. This is a mentally and emotionally and morally unwell person and unfortunately, we have not always been able to see that through the coverage she has gotten, but i do think that he cant help himself and thats one of the reasons why Kamala Harris and her team wanted to have the mikes unmuted during the debate, because people should see just how unhinged he is. I just do want to agree in part with barbara about Judge Merchan. You know, he is a very good judge. So is judge chutkin. They have seen this issue differently. Judge chutkin says i dont really care whats going on in the election. Judge merchan says i dont want it to overshadow the case. I can see both perspectives. I wouldve preferred we go forward. On the other hand, and this is the place we are in, this prevents the very corrupt Supreme Court from interfering once again and sparing Donald Trump, so in that sense, perhaps we are spared another session with a Supreme Court that has lost the confidence of the american people. Barbara, i want to talk about something else Donald Trump said again and he talked about the fact that of the allegations against him, particularly as they relate to e. Jean carroll, he would not have been attracted to her but thats not what he was basically saying. He was saying its not the kind of person i wouldve sexually assaulted because shes not hot enough or whatever the case is. Youve had to prosecute these things in your life. There is still a mess that that is what Sexual Assault is, not a violent crime thats about power. Absolutely right and im really glad you are giving us a chance to highlight that issue. You know, this is really yet another myth about Sexual Assault, that it is about physical attraction. Sexual Assault is a crime of power, dominance, has nothing to do with a Womans Type where the attractiveness of the survivor certainly not the way the survivor was dressed or what they had to say so people who engage in this kind of activity are sexual predators, which is, i think, one of the reasons the e. Jean carroll legal Team Today had a strong argument about that Modus Operandi that the Reason Evidence of other acts came into play is because it demonstrates that this is the way Donald Trump roles, and that was important to the jury in making its decision. Discussion with Liz Cheney about how cheney is going to vote for, was harris Kamala Harris. Its ringing there. That said, at some point, who do these republicans who are going to vote for harris, who does that work for . Who does that work for . What about does that change because fundamentally, that has a lot more to do with Donald Trump than it has to do with harris, probably. Thats right, but a vote for Kamala Harris, whatever the reason is a vote for Kamala Harris and not for Donald Trump so i have to give the chinese credit, unlike a lot of republicans who is often held up as a paragon of your chief who says he will vote friday either one of them they have put their money where their mouths are and said listen, you either believe in democracy and the Rule Of Law and think Donald Trump is a threat or you dont, so i think the remarks he played earlier in this segment were right on the money and it pains me to say that they are somewhat isolated. Where is the former President Bush . Where are former members of the senate . Where are former governments you dont have to face the electorate, frankly, or Members Of Congress who are retiring . There are far too few voices willing to do this, and that is why we have Donald Trump, because republicans have been cowardly. They have enabled him and this is what happens in an authoritarian takeover moment, and that is that people have the obligation to stop with someone and dont, that good people dont do what they should and that is what we have seen here. Its very sad and troubling and that is why Donald Trump has to be defeated by a broad coalition of americans. In the debate, one of the things people talk about, i dont know if its true and whether theyre going through this in the Debate Preparation that is underway right now, Kamala Harris is a prosecutor like you are a prosecutor. She understands how to make a case to a thirdparty, which is generally a judge or a jury. Tell me how that plays out in the debate on tuesday. Is Kamala Harris going to go for Donald Trump where she going to be convincing other people about who Donald Trump is up as if presenting this case to a Judge And Jury . I think so. You know, she has decades of experience presenting cases to juries. She had a Leadership Role as the California Attorney and is the elected District Attorney but her Heart And Soul is where she came up as a rankandfile prosecutor, arguing cases to a jury. I expect her to be dispassionate, to focus on facts and evidence, to be playing for logic as well as an emotional appeal. I think that she will not be rattled. I think when Donald Trump comes at her, as im sure he will, with all kinds of claims and half truths, if not outright lies, she will be cool and collected and respond to them with facts. That is how prosecutors are accustomed to proceeding. They are used to having the tables turned on them and attacked and put on trial. I think this is what she was made for and this is an aspect of the campaign where she will excel. Thank you to both of you for kicking us off tonight. Jennifer rubin and barbara mcquaid, thank you both. Coming up, North Carolina has a republican Super Majority in its legislature but a recent tradition of electing democrats has become a Focal Point in House Republicans On The Run as Attorney General Josh Status leading his trump endorsed republican opponent in the states gubernatorial race. Josh stein joins us after the break. In joins us after the break. R back pain, and shortness of breath, i thought thats what getting older felt like. Thank goodness. I called my cardiologist. I have attrcm, a rare but serious disease. And getting diagnosed early. Made a difference. If you have any of these warning signs, dont wait, ask your cardiologist about attrcm today. life, diabetes, theres no slowing down. Each day is a unique blend of people to see and things to do. Thats why you choose glucerna to help manage Blood Sugar response. Uniquely designed with carbsteady. Glucerna. Bring on the day. Limu emu doug. And if we win, we get to tell you how Liberty Mutual Customizes Car Insurance so you only pay for what you need. Isnt that what you just did . Service stand back im going to show ya, how doug and limu roll, yeah you know you got to live it, if you want to win. [bump] Time Out only pay for what you need. Liberty, liberty, liberty, liberty. Why choose a mobile network built liberty, liberty, for places youll probably never be. Instead of for where you are most of the time . Xfinity mobile was designed for where you need it most. Now Xfinity Internet customers can buy one line of unlimited and get one free for a year. Harriswalz campaign has announced it has raised 361 Million in august. Vice president harris appeared on Univision Radio where she made this pitch to latino voters. We need to turn the page on this trump era. You know, this person who was talked about how immigrants poison the blood of america. This person who seeks to divide our nation, belittling people, a little ring members of the military, for goodness sake. We need to have a leader and the president who understands the ambitions in the dreams and hopes and the prayers of the people, and then goes to for that is to help meet those ambitions and those dreams. That is the kind of Vice President i have been. That is the kind of president i will be, and i think that is what the american people want right now. Was two months to turn the page on the trump era, North Carolina Appeals Court ruled that Robert F Kennedy Juniors Name should be removed from the ballots just as the first ballots were to be mailed out. Trump was in the key Battleground State Today for he accepted the endorsement of the Fraternal Order Of Police in charlotte, that announcement from the nations largest Police Unit comes despite the fact that Donald Trump is convicted criminal facing prosecution on many other charges and has repeatedly said that he would absolutely parting January 6 writers including 12 assaulted police officers. Lets not forget Donald Trump was also criminally indicted for his role in the largest single Day Assault on Law Enforcement. Meanwhile, republicans in North Carolina are seeing worrying signs in the race for governor. North Carolina Attorney general Josh Stein is ahead six points in the race against the trump endorsed republican candidate for governor of North Carolina, Mark Robinson, who continues to court weird and bizarre controversy almost every day of his campaign. Joining us now is North Carolina Attorney General Josh Stein. It was awkward for me to even read that, Attorney General because you know, republicans in North Carolina are getting worried about their candidate but there was a lot of time for them to get worried about your opponent. A lot