That testimony. This is a mandate. This document is just a mandate from the Supreme Court. They ordered this. They said go back and prove that you can construct an indictment that fits within this new immunity we have just invented. The last professor describes if Jack Smith pulled it off. What a night. And when we are finished with that, Cassidy Hutcheson will join us. She was part of what got this story moving to where it is today. I envy you, that is an awesome lineup. Have a great show. Vice president of the united states was taking notes. Donald trump always hated seeing people take notes in the White House when he was speaking. But taking notes was the least of Donald Trumps problems with Mike Pence in a meeting with which the president of the united states was trying to get the Vice President of the united states to join what Jack Smith calls a Criminal Conspiracy and commit a crime against the united states of america. A crime that special prosecutor Jack Smith in a 165 Page Motion Today calls a conspiracy against the rights of millions of americans to vote and have their votes counted. It was january 4th, 2021, the discussion was one of several described in Jack Smiths Filing Today. In which Donald Trump tried to get Mike Pence to throw out the Electoral College results of the votes past by every voter in america. This is about every Vote Cast in that election. Throwing out the results of seven states would mean not just that the votes in those states didnt matter but that no votes in any states mattered in deciding who the next president would be. It meant that your vote would not matter. No matter where you cast your vote. It was a meeting about whether Mike Pence had the constitutional authority to just throw out Electoral College votes on January 6th when they are officially accepted by congress. It was a legal discussion, but no one from the White House Councils Office was present. Not invited by Donald Trump. The lawyer arguing for Donald Trump in that meeting was the now indicted John Eastman who is facing criminal charges in Georgia And Arizona for his alleged crimes of Election Interference in those states. John eastman is described as Coconspirator 2 and Donald Trump is referred to as the defendant. During the meeting the defendant asked coconspirator two to explain his plan to pence. He presented two options. Pence could unilaterally decide objections to electors or alternatively in the plan that coconspirator two had devised the prior day, pence could send the elector states to the targeted states. Legislatures to determine which electors votes should be counted. And the Defendants Presence in response to pences questioning Coconspirator 2 admitted that the Count Act forbade what he proposed and no one had tested cc2s new plan to send elector states back to the states. Nonetheless, the defendant repeatedly expressed a preference that State Legislatures do the review. Pence unilaterally reject the states. Throughout the meeting the defendant repeated his knowingly false fraud claims as a purported basis for pence to act illegally. Pences five pages of notes from the meeting reflect that the defendant said when there is fraud, the rules get changed. Bottom line, one every state by hundreds of thousands of votes. This whole thing is up to Mike Pence. Has to do with you. You can be bold. Right to do whatever you want to do the meeting concluded with Pence Firm and clear telling the defendant im not seeing this argument working. Nonetheless, the defendant requested that Pences Staff Meet with cc2 to discuss further and pence agreed. The next day, January 5th was a rerun of the same discussion. The defendant once again told pence i think you have the power to decertify. When pence was unmoved, the defendant threatened to criticize him publicly. Im going to have to say you did a great service. That provoked Pences Staff to alert the secret Service Detail that Donald Trump was going to publicly attack Mike Pence. Donald trump followed that meeting with a couple of Phone Calls to Mike Pence saying youve got to be tough tomorrow. Donald trump tried to put public pressure on Mike Pence by tweeting lies like all Mike Pence has to do is send them back to the states and we win. Do it, mike. This is a time for extreme courage. Donald trumps last attempt to personally convince Mike Pence to commit a crime was 11 15 a. M. An January 6th. The defendant called pence and made one last attempt to induce hem to act unlawfully. When pence again refused and told the defendant he intended to make a statement to congress before the Certification Proceeding confirms that he lacked the authority to do what the defendant wanted, the defendant was incensed. He decided to reinsert into his campaign speech, targeting pence for his refusal to misuse his role in the certification and the Defendant Set into motion the last plan in furtherance of his conspiracies if pence would not do as he asked. The defendant needed to find another way to prevent a certification of biden as president. When the defendant took the stage at the Ellipse Rally to speak to the supporters who had gathered there at his urging, he knew that pence had refused once and for all to use the defendants fraudulent electors certificates. The defendant also knew he had only one last hope to prevent bidens certification. The large angry crowd. Standing in front of him. So for more than an hour, the defendant delivered a speech designed to inflame his supporters and motivate them to march to the capitol. The rest is history. And, as described by Jack Smith, a crime against the united states like No Other in our history. Last night the united states of america learned Beyond A Reasonable Doubt just how easy Donald Trumps next Vice President would be to commit the crime. Mike pence repeatedly refused to commit. Look, when Mike Pence made that decision to certify that election, that is why Mike Pence isnt on this stage. Senator vance, you have said you would not have certified the last president ial election. And would have asked the states to submit alternative electors. That has been called unconstitutional and illegal. Would you again seek to challenge this Years Election results even if every governor certifies the results . Ill give you two minutes. First of all, i think we are focused on the future. He is still saying he didnt lose the election. Did he lose the 2020 election . Tim, im focused on the future. That is a damning non answer. Leafing off our Discussion Tonight is andrew weissmane. Also with us, tim hafee. A criminal Defense Attorney and former u. S. Attorney. He served as Lead Investigator for the January 6th committee. Thank you both very much for joining me tonight. Andrew, i simply open it to you. Guide us through what Just Smith filed today. What you see as the highlights. It is really hard to do highlights. Because this is Bomb Shell after Bomb Shell after Bomb Shell. I actually literally highlighted every single page. It is just all in yellow. Exactly. It is the kind of thing as you read it, you and i are old enough to remember watergate. I mean, this is watergate over and over again. The idea that this idea is a cancer on the presidency. And with no disrespect at all to the January 6th committee that did an incredible job. What they couldnt get given that they have far fewer cools than criminal prosecutors is so much direct evidence where it is conversations with Donald Trump over and over again. In addition to what you just went through, just so many people telling him there was no fraud that made any difference here. Everyone is telling him that over and over again. It is useful to remember the reason this is public is because Judge Chutkin denied Donald Trumps motion he was making opposing this ever being anything that we could see. He continued to make motions saying no one should ever see this. It was rejected in a Written Decision by Judge Chutkin today. And she then released this. So that is why we have it over his opposition and now that we can see it, we know for well why it is that he didnt want anyone to see this in the same way Richard Nixon didnt want anyone to see the tapes. Tim, you tried to get the Vice President s testimony at the January 6th committee. He refused to testify to your committee. Unlike our next Guest Tonight coming up. As you read the Vice President s testimony in here, as relayed by Jack Smith, it is not all of it. Just the amount he thought he needed to lay in the essence of the crimes here. The Vice President on the Witness Stand would certainly be saying a lot more than we see in here. What was it like for you to read the Vice President s story that you couldnt get at the January 6th committee . With much greater accumulator and detail. We had a lot of sealings where witnesses would say im not going to come because i have an Executive Privilege or i will stop short of testifying to you members of congress. My direct communications with the president. The Special Counsel has availed himself wisely. He can go right upstairs to the Chief Judge and adjudicate whether or not a Privilege Claim is or is not valid and he has gotten Mike Pence to come and not just to come, but to testify about direct communications with the president. This brief is filled with evidence about what those lawyers and others directly conveyed to their boss, the former president. Right . We had a lot of Circumstantial Evidence of what the president knew. Some direct. But a lot of circumstantial. Jack smith has done a good Job Filling in those gaps. And it just reads like a much more viable rant and detailed story. But essentially consistent with the broad scheme the select committee laid out. What i was amazed by was how active the defendant was in the story. Donald trump is in it but it is not, it wasnt clear to me that he was picking up the phone himself. We all know about the famous call in georgia with the secretary of state. But there were a lot more calls. A lot more very deliberate actions by the defendant to advance with Jack Smiths calls for conspiracy. Absolutely. He is the principle player. In many ways, the January 6th committee report. It was a little bit like hamlet without hamlet. Here, he is not a hamlet like figure. He is very active. He is sitting here watching what he thinks is his Last Gasp of his administration and he is doing everything he can in spite of the fact he is being told over and over again you do not have the facts and you do not have the law. Both of those are against him and he is still doing something. It is such an incredible read in terms of criminality from the heart of the White House in the oval office. The big legal issue, it shows that this was being done as a candidate. In terms of the issue the Supreme Court said which is that President S are immune when acts as President S. This picture paints over and over again that this is something that he was doing. And i think it is totally right to connect this to what we saw yesterday. You have two people running for Vice President where the same denial that is wrong on the facts, wrong on the law is still to this day being repeated to the american public. There is a moment in there where in the Trump Pence Dialogue with quotation marks. So all of these lines come from Mike Pence. And there is a moment where when Donald Trump is trying to insist that he join this conspiracy to just use a power he doesnt have as Vice President to throw out electors. He says i dont have that power. Donald trump says to him you are too honest. You are too honest. The structure of that, what that means in english is you are telling The Truth. You are saying you dont have this power, but you are being too honest and admitting you dont have this power because that is what is preventing you from joining our Criminal Conspiracy. Web a prosecutor is looking for what does this defendant think. You have a witness here telling you exactly what he thinks. He thinks honestly, you have absolutely no right to do what im telling you to do. The brief is written directly to address the central thing that Jack Smith has to prove which is an intent to disrupt the joint session. Purposeful conduct by the defendant, the former president. Intending to disrupt that joint session and prevent the transfer of power. His words to Mike Pence are the best evidence of his intent. And you are right. When he says you are being too honest, that is an implicit admission that what he is asking for is dishonest. That is crucial evidence of intent. The other thing interesting to me in the Pence Dialogues that are in this pleading is he predicts what he is going to do when pence refuses his persuasion. That has launched a mob. He says i will have to say, mike, that you have disappointed me. Im going to have to out you to the masses. He is predicting that his ultimate leverage is that angry mob. That is what prompts mark short 20 call the secret service. Trump is basically telling Mike Pence what he is going to do. Im going to get everybody mad at you tomorrow because you are too honest. Really damning evidence of his attempt to prevent the transfer of power. One way i was reading this report, this Filing Today was i was literally looking for Cassidy Hutcheson. I couldnt find her anywhere in there. Tim looked for us too. He couldnt see her there. It seems one of the reasons for that is this is Jack Smith trying to thread this needle that the Supreme Court set up for him. Which is nothing that is an official act. So he seems to be trying to eliminate anyone from the Witness List who was a white House Employee as opposed to a campaign employee. And there is one person in here who is both. It is a white House Lawyer but he is also volunteering for the campaign which you can do in White House jobs so they are using him as a Campaign Adviser which is why we are going to be able to hear his testimony according to this theory, that is how carefully this needle has to be threaded. What the Supreme Court did, they tried to really curtail what Jack Smith could do and eliminate the official Act Evidence and the official act witnesses. And even with that, even with the Supreme Court trying to take a Sledge Hammer to this case in the way they interfered with the Manhattan Case dealing with the same issue. Even with that, when you read this brief, you realize how much proof there is even when the truncated view. Just to follow up with one thing that tim said with respect to the Vice President is when he telegraphs what he is going to do and when that happens and someone goes in and tells the president what is happening with the Vice President. People are threatening to hang him, his reaction is so what . Which is this sort of cavalier Attitude Aforehand and cavalier when it is actually happening. That is when Cassidy Hutcheson is like no more. Im out. Thank you very much for leading off our Discussion Tonight. Now, to the question of whether Mike Pence will ever actually get into a courtroom as a witness in this case. Will the Supreme Court allow that . That question goes to our next guest, lawrence tribe. Thats next. Awrence tribe. Thats next. Ranslate that leap in our hearts into something we can see and hold. Etsy. We realize some Home Maintenance jobs arent worth the risk. Thats when we call leaffilter to protect our gutters. Leaffilters patented Filter Technology keeps debris out of your gutters for good, guaranteed. Call 833 Leaffilter Or Visit leaffilter. Com it wasnt hard with cologuard, i did it my Way Colohuh . Cologuard cologuard is for people 45 at average risk, not high risk. False positive and negative results may occur. Screen for Colon Cancer in your home, your way. Ask your provider for, Cologuard Emergenc Crystals Pop and fizz when you throw them back. And who doesnt love a good throwback . Now with Vitamin D for the dark days of winter. Its our son, he is always up in our business. Now with Vitamin D its the Verizon 5g Home internet i got us. Oh. He used to be a competitive gamer but with the higher lag, he cant keep up with his squad. So now were his squad. What are kevins plans for the fall . Hes going to college. Out of state, yeah. Yeah in the fall. Change of plans, ive decided to stay local. Oh excellent oh thats great why would i ever leave this . Aw we will do anything to get him gaming again. You and kevin need to fix this internet situation. Heard my name i swear to god, kevin we told you to wait in the car. Everyone in my old squad has xfinity. Less lag, better gaming im gonna need to charge you for three people. Lets say youre deep in a show or a game or the game. On a train, at home, at work. Okay, maybe not at work. Point is at xfinity. Were constantly engineering new ways to get the entertainment you love to you faster and easier than ever. Thats what i do. Is that Love Island . Here is what Special Council Jack Smiths 165 Page Brief actually asks Judge Chutkin to do. Two, that the remaining conduct described was not official and the alternative that the government has rebutted any presumptive immunity for any of the remaining conduct that the court finds to be official. And heres the line that we really need professor Lawrences Tribe to translate for us. Our constitutional explainer in chief is here to help you. Joining our discussion now is Professor Lawrence tribe. Thank you for joining us on this important<