Interference case. Why the Special Counsel argues the former president should stand trial. A massive pork Port Strike, weeks before the november election. Devastation across the southeast of thousands of people struggled to get Food And Water after Hurricane Helene. The support on the ground. The 11th Hour gets underway on this wednesday night. Good evening once again, im Stephanie Ruhle and we are 34 days away from the Election And Tonight Special Counsel Jack Smith, remember him . He said his election Interference Case against Donald Trump should go ahead in spite of the Supreme Courts ruling on president ial immunity. In a newly unsealed filing, smith said trump resorted to crimes to stay in office and was fundamentally acting as a private citizen, not as the president. And it also gives us a bit more detail about whats been found in this investigation. According to Grand Jury testimony, and aid rushed to trump on January 6th to tell him an angry mob was threatening vp Mike Pence, Donald Trumps response, quote, so what . The campaign says the filing is riddled with falsehoods and called it an unconstitutional witchhunt. Tonight, the filed a new motion asking for more time to submit their response. We will have much more on this story coming up. Its the latest headline to a potentially big shakeup in the president ial race. The southeast is still recovering from Hurricane Helene, tensions in the Middle East are escalating and a strike has shut down ports in the east and the coast. Tonight, a Triple Threat is looming over the president ial campaign. The rising tensions in the Middle East. A deadlock Port Strike threatening to raise prices. And the devastating aftermath of Hurricane Helene. Theres a lot of work that needs to happen over the coming days, weeks and months. Late today, Vice President harris visited the Storm Zone in battleground georgia, two days after former President Trump went there. I told you there was a lot of news today. John, since moments before the show, i saw you feverishly moving around candlesticks and decor behind you, im just so grateful that you are table escaping for the show, so you get to go first. Lets start with Jack Smith. Some may have forgotten about jack but he didnt forget about us. What sticks out to you yes . I was just going to say my wife stephanie, also named stephanie would kill me if she had gone out and gotten the school and the pumpkins and it hadnt shown up in the shot. You know halloween is my favorite, so thank you to stephanie. Lets talk about Jack Smith. I want to know what stuck out to the filing and you think itll have any effect on the 2024 race . Suffers well, what sticks out in the filing i think is where the fight will be which is over the discussions that Donald Trump had with Vice President Mike Pence and whether those things are allowable as part of the prosecution, given that the Supreme Court has made this distinction basically saying that the official acts of the president are not things that he can be held accountable for by prosecutors, so the question is, which of the conversations between Vice President pence and President Trump when President Trump was trying to get him to overturn the results of the 2020 election, might be admissible, so theres a lot of discussion in this filing, in the filing, of just what Mike Pence told folks in fact, i felt one of the most interesting things that he said, the prosecutor say Donald Trump was told by a lawyer that his plan to have pence basically reject the certification of electors, was illegal. And so, i think we are seeing this sort of outlines of this but the other big thing of course, is Jack Smith basically laying out his entire case against Donald Trump, and you know, with coconspirators, names redacted but people know who they are, and doing that right now before the election, so the question is that you post, about whether this can have an effect, im not sure, stephanie, that it will have an effect. I do think it is a jarring reminder of just what happened during that period of time but i also think most americans had made up their minds about it. Its not something that they particularly want to talk about. In fact Last Night, Jd Vance, had to January 6th brought up to him and i thought it was much more poignant you know, that his commentary on January 6th was the fact that he wouldnt say that Donald Trump lost the 2020 election. The possibility of a recurrence is a lot more on the minds of voters particularly democratic voters but also maybe some Swing Voters than whether Donald Trump is guilty of crimes from four years ago, just because voters tend to look forward, not backward. And some are getting worried about January 6th 2025. But i want to talk more about news of the day. When you look at Hurricane Helene, whats happening in the Middle East and the Dockworkers Strike, what do you think will have the biggest impact on the election. We are getting a lot, with the October Surprise and the month has barely started. The way that you framed this at the start of the show is right, theres so much happening in the country and the world thats bringing the stakes of this election into focus. I do think that you know President Biden and Vice President harris, being in North Carolina and georgia today, that was meaningful for President Biden. He is still in charge and this is what a president does. This is what this president is known for, you have former President Trump in georgia last week surveying the damage, and the thing about these trips, they are a detour from the Campaign Trail but they also do focus Voters Attention on kind of the ongoing efforts to rebuild after this devastating storm in the midst of the election season. And it shows how a president or it would be president would behave. An early voting is about to begin and both of these states in the next couple of weeks and folks are still going about the business of putting their lives back together but with five weeks to go, everything feels political, the Dockworkers Strike puts the issue of Workers Rights back into the conversation, labor is a huge constituency for Trump And Harris and even if you are not in a union, the Supply Chain issue. Experts say it might not affect people immediately but depending on how long this last, this could be something that affects people who are not necessarily a part of, a dockworker who is trying to push for you know, better conditions for themselves, this could be something that is affecting a lot more people across the country. 4 to 5 weeks from now, people are walking the grocery store, if things are really expensive, they are going to look to the administration and say, this isnt working for me despite the fact that the president , there is little he can do on this and at this point he has said, he doesnt want to get in the middle of it. Lets talk about the debate Last Night. This time Last Night there was hot takes everywhere, it has now been 24 hours, cooler heads have prevailed. What is yours thinking . Its interesting because its almost as if the pundits all said right after it happened that vance had won because he was smoother, he was able to get a lot out very quickly. A lot of it not true, but very smooth and very fast, like someone whos had a lot of experience debating. Meanwhile, tim walz was looking a little scared, and pale, perhaps it was a moment for bronzer, no, im just kidding. And there was this kneejerk reaction that perhaps vance, by lying so effectively and being so, you know, so congenial, in a certain way, may have sold trumpism without trump which has been sort of the long dream of the republican party, but i do think since its been 24 hours, we are seeing that actually a lot of voters really liked walz better, and you even saw that on the right, there was the statistic that sort of 25 of the right wing is voters who watched it found that they liked walz. So the midwestern nice, actually think that translated and maybe he didnt get quite all the hits in maybe he was not able to provide the real time fact check in the way that in an ideal world he would have been able to but his personality still transmitted in a way that voters like. And i do think vance, if you want to spend time being worried, you can worry about that vance was able to make trumpism without trump seem a little bit more possible. And i think that might have implications for 2028. Lay it out, because Jd Vance came across smart, quick and capable but as molly just said, the things that he was saying smoothly, and speedily, it was filled with lies, he lied about the nationwide abortion ban, lied about the affordable care act, when confirmed the outcome of the last election. So which matters more to Swing Voters, and i cringe when i say Swing Voters because i dont know if i believe there are any swing or undecideds left, but i leave it to you. Look, both candidates pretty much met expectations if we are evaluating them. Tim walz said he was not the best debater but what we think as journalists and pundits is not necessarily the same thing that voters think. Which one of these candidates was the one that voters found more relatable . Former President Trump is really the only person out of the four people that weve now seen at a Debate Setting that the american people really are very familiar with. The rest of these candidates are still very much trying to introduce themselves to the american people, so i think weve now had a chance to see all four candidates in a Debate Setting and its unclear if we will again but i do think you know having more interviews with fans and walls, would be helpful and i think what they do on the Campaign Trail is going to matter a lot more than what we saw Last Night. You know the rise of Donald Trump in politics, we kept hearing over and over, he doesnt speak like a politician, hes not slick, hes not quick, you know, he just speak like a regular old person and that connects with people. Thats exactly what we said about tim walz Last Night and he was criticized for it. And when democrats are slick and fast and cool and elites from Ivy League schools, they get crushed for it and thats exactly who Jd Vance is. Yeah, i dont know, i guess, i would look at Barack Obama and say he was the guy who was pretty smooth and quick and had an Ivy League education and democrats left him and a lot of independent voters loved him but i would say this, i think there was an implicit rejection of Donald Trump Last Night which is, we saw a normal debate. A civil debate. A debate where both candidates expressed compassion for people who dont share their political affiliation. And that in of itself is really the first time weve seen a debate like that and i dont know about a decade now since trump got on the scene. I also think while its interesting to watch and while there are Permission Structures created, you know, say, on the republican side for people who are already leaning toward trump but dont let everything he says, to look at vance and feel more comfortable about their vote, nobody in this country is voting in the selection based on these Vice President ial candidates. If you dont know how you feel about Donald Trump, love him or hate him, if you dont know how you feel about kamala harris, love her or hate her car you missed the movie. Thats what people will vote on. It wont be like folks being well i really like the cut of that Jd Vance is jib, so forget all of those things i dont like about Donald Trump or man tim walz, hes so friendly, hes like my dad, i like him better and i think he would be a better president than kamala harris. Nobody is saying that themselves, stephanie. But there are people that are saying they like or dislike a candidate enough but they are going to get off the couch and go vote, remember, in 2016, a lot of people didnt really know who Donald Trump was, they were excited about something new and different and now, you might be excited or not about him, but you know every single thing there is to know. Thank you all so much, john, again, love the skull. Last night Jd Vance told you to think back to the years of the Trump Administration, so before we go to break i want to do just that. Because today is October 2nd and i want to give you a reminder of what was going on every October 2nd during trumps presidency with Jd Vance saying it was the greatest time. In 2017 the country was reeling, one day after the deadliest Mass Shooting in u. S. History at a Music Festival in las vegas. The focus was on how to stop gun violence, a memo of White House talking points said this, quote, new laws wont stop a madman. In 2018, a Washington Post Journalist was murdered in turkey, eventually the cia concluded the leader of Saudi Arabia ordered the assassination but then trump backed Saudi Arabias rollers and took absolutely no action for the killing. In 2019, trump was fighting the inquiry that would eventually lead to his impeachment in a tweet, he called the investigation bs. And in 2020, after months of downplaying the seriousness of the covid19 pandemic, Donald Trump announced that he tested positive for covid and he was then taken to walter reed. That was what the Trump Administration was really like. So if youre wondering what Jd Vance was talking about, the trump years, there you have it. The new evidence on Special Counsel Jack Smiths court filing. We will get into it with a Doj Veteran and later, no sign of progress as a Port Strike is underway. I will talk to Governor Moore of maryland about the impact its having on his state. The 11th Hour just getting underway on a very busy news night. 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Turn up the volume for this one boys and girls, we are still falling Special Counsel Jack Smiths explosive new filing in the election Interference Case against trump. The 165 Page Brief includes brandnew allegations about the former president s quote, increasingly desperate efforts to overturn the election. My colleague Ken Delaney has the details. My, Special Counsel Jack Smith, fighting to keep the January 6th case against Donald Trump alive. In a new filing with new evidence, smith, tailoring his criminal case to survive the Supreme Courts ruling that president s cant be prosecuted for carrying out of flicks official act. Writing, although trump was president during the charged conspiracies, his scheme was a fundamentally private one. Smith also laid out new details about trumps conduct and conversations in the days and hours before his supporters stormed the capital on January 6th, 2021. After trump again claiming fraud even as votes were still being counted, the special Counsel Quote a trump a saying, make them ride, but the bulk of new revelations involve trumps interactions with Vice President Mike Pence, based on five pages of notes by the Vice President. The Special Counsel Sing Pence gradually and gently try to convince the defendant to accept the lawful result of the election including a private lunch in december where pence encouraged trump not to look at the election as a loss, justin intermission. Smith arguing Trump And Pence were political Running Mates discussing private matters. After pence decided not to stop the certification and trumped announced in in a tweet, smith recounts aids allegedly telling trump that pence was in danger. As trump sat in a white House Dining Room watching the Capitol Riot on tv, and aid told him pence had been rusted to a secure Location And Smith said trump look at the eight and said only, so what, in a statement, a Trump Campaign Spokesman called the Filing Foss Falsehood written and an obvious attempt by the biden harris regime. Adding the case should be dismissed. You are in luck, we brought in the best. Hes argued dozens of cases, is it 52 . Itll be 52 next month. Almost 52 cases before the us Supreme Court. Mail, for a lot of people out there, Jack Smith sadly, is a blast from the past, people started to think we would never hear from him again. So help us out, this is the most detailed breakdown of the sliding yet. What did we learn, and why now . First, ive got to say, you are the best, thank you for the retrospective you did about october second macon because theres so much amnesia about Donald Trump and every day was just nuts, not just covid but the shootings, the deficits, the unemployment, trump trying to sue to get rid of obamacare, he certainly didnt save it. In the Filing Today by Jack Smith is part of that whole remembrance, its an exquisitely written document, which it tries to tell the story of what Donald Trump did on January 6th, and in the days before it. Now why do we have this filing, why is it here . Because the Supreme Court in july, said that president s have immunity for their official act. Okay, so Jack Smith said thats fine, what trump did on January 6th and before January 6th, smith argues, is not official. It wa