Smith. Well dig into that blockbuster new document and what prosecutors are saying about trumps efforts to overturn the 2020 election. Plus well bring you the latest from the Middle East as israel continues to launch Air Strikes targeted at Hezbollah Facilities in lebanon. And also ahead president Joe Biden visited the carolinas to survey the Storm Damage left in the wake of Hurricane Helene. Well take a look at the ongoing Recovery And Cleanup efforts. Good Morning And Welcome to Way Too Early on this thursday, october 3rd. Im jonathan lemire. Thanks for starting your day with us. And we have a lot to get to this morning, and well begin with the new filing from special Counsel Jack Smith that lays out the case for why former president Donald Trump should still be held accountable for his actions on January 6th despite the Supreme Courts ruling on immunity. Nbc News Justice and Intelligence Correspondent Ken Dilanian has all the details. Reporter 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 official acts. Writing that although trump was president during the charged conspiracies, his scheme was a fundamentally private one. Smith also laying out new details about Trumps Conduct and conversations in the days and hours before his supporters stormed the capitol on january 6, 2021. After trump began claiming fraud even as votes were still being counted, the Special Counsel quotes a Trump Aide as saying, make them riot. 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 saying pence gradually and gently tried to convince the defendant to accept the lawful results of the election including a private lunch in december where pence encouraged trump not to look at the election as a loss, just an intermission. Smith arguing Trump And Pence were political Running Mates discussing private acts, not office holders contemplating official ones. After pence decided not to stop the Certification And Trump denounced him in a tweet, smith recounts aides allegedly telling Trump Pence was in danger. As trump sat in a white House Dining Room watching the Capitol Riot on tv, smith wrote, an aide told him pence had been rushed to a secure location. Smith says trump looked at the aide and said only, so what . In a statement a Trump Campaign Spokesman called the filing unconstitutional and another attempt by the harrisbiden regime to undermine american democracy and interfere in this lection, adding the case should be dismissed. Joining us now msnbc legal analyst and former Deputy Chief in the criminal division for the southern district of New York, kristi greenberg. Kristi, good morning. Thanks for starting us off. First, tell us what jumped out at you from this filing . And in your assessment, how strong is Jack Smiths argument that former President Trump should be held accountable for his actions on January 6th . So what really jumped out at me was looking at those buckets of interactions with Mike Pence. A lot of that detail was new. And so in looking at those, the Supreme Court has said theyre talking about official responsibilities, thats official conduct, but you can still even with respect to official conduct rebut a presumption of immunity attaches if you can show theres really no intrusion here on the executive branch. While looking at these interactions with Mike Pence, its hard to see how anybody could see this as really having any kind of danger on the executive branch. You have discussions about the certification on January 6th. And with respect to those communications, hes really just trying to bully Mike Pence to go along with this. And the executive really has no role whatsoever in that process. So i think those interactions, you know, leading up to January 6th about the certification are really safe. And then you have a whole other bucket of communications with Mike Pence, where theyre really talking to his Running Mates about whether or not Donald Trump lost. And even then Mike Pence kind of doesnt want to say he lost. As you said in the introduction, more like an intermission. A lot of kind of Mike Pence really dancing around Donald Trumps ego here. But really trying to get him to concede that, yes, this is a loss, theres no more process here, we have to stand down. Thats really discussions between two Running Mates, that has nothing to do with their responsibilities as president and Vice President. I think the Special Counsel does a good job of getting into the nittygritty, going into the details, and showing why each of these buckets of communications should not be immune from prosecution. Certainly tailored with the supreme Court Decision in mind. Kristy, talk to us about what happens next on who wins this case . Is it completely dependent on who wins the next election . Hes asking for more time, not surprising he wants to delay here. But i assume that brief will be filed before the election. At least its scheduled to at this point. But once the election happens, youre absolutely right. If Kamala Harris is elected, this case proceeds. If she is not, then Donald Trump would certainly instruct his Department Of Justice to dismiss this case. If Kamala Harris is elected and this case proceeds, what i expect after briefing is Donald Trumps lawyers have said we need to be able to confront witnesses. We want to be able to have a hearing, so i think at least with respect to some of the individuals, not all of the 70 some odd witnesses that are identified in the indictment but at least with respect to some, there may be a hearing where the judge has more Fact Finding questions about whether or not the acts here are official or unofficial. Ultimately, this will get appealed. It will get appealed likely all the way up to the Supreme Court once gep. Former Deputy Chief for the criminal division for the southern district of New York, thank you. Well talk to you again soon. Well have much more in this filing including the political fallout ahead of novembers election. Now, though, we turn to the Middle East. Eight israeli soldiers have died fighting inside lebanon. Its not known exactly how it happened, but israeli officials are saying the soldiers were killed in three separate incidents in close combat. These are the first reported casualties since they started the operation earlier this week. It comes as israel launches Air Strikes targeted facilities. A Strikeover Night killed at least six people in beirut. Meanwhile, the White House is looking to prevent a Wilder War following irans massive Missile Attack against israel. The united states supports Israel Retaliating in some capacity, but President Biden says he does not want them to attack tehrans nuclear facilities. Tell us anything about iran and israels possible retaliation. Yes, look, i called the meeting in the g7 today. Were working on a joint statement All Of Us agree on from japan to france to germany to et cetera. And what were doing in that record is were making clear that theres things that have to be done. And obviously iran has gone way off course. Were going to put together a joint statement, that hadnt been done yet. And theres going to be some sanctions on iran. The answer is no, and i think theres things well be discussing with the israelis what theyre going to do, but all seven of us agree that they have a right to respond, but they should respond in course. Joining us live from beirut is foreign correspondent for the wall street journal. Good to see you this morning. Give us the latest there on the state of fighting including the deaths of these israeli soldiers. Whats happening now . What more do we know . Yeah, we saw yesterday some engagements inside of lebanese territory between hezbollah and israeli forces that began entering late monday night. The israelis announced eight casualties, eight deaths among their soldiers soldiers and officers. And hezbollah talked about a trap they had set and explosive followed by gunfire in a couple of towns on the border. That was Last Night. That was yesterday. Over the course of the day theres engagements. Hezbollah said this morning its continued to launch Cross Border rockets and missiles at the locations just across the border inside northern israel. And of course overnight as you mentioned there were some strikes inside of beirut, strikes across the country. Yesterdays strike in beirut, one of them there were several in the southern suburbs, which has been targeted repeatedly. For just the second time in the past few days there was a strikeouticide the southern suburbs, which is sort of the central part of the city. So certainly we just heard the president there saying he does not support israel as part of its retaliation striking an iranian nuclear site. Ive got new reporting this morning. The u. S. Really trying to urge israel to keep it proportional. They understand theyre going to encourage him to respond in limited ways. Military facilities and proxy groups. Stay away from population centers and major economic installations. But we know that prime Minister Netanyahu, frankly, doesnt listen to President Biden that much. And the president has run up against his influence there. Whats the latest on the ground as to how and when israel will launch its retaliatory strike . Yeah, the region is on Edge Waiting for the israeli response to iranians sending more than 100 ballistic missiles by israel a few nights ago. Its unclear what their response will look like. Of course there was a similar Episode Back in april where iran sent drones and missiles towards israel, most intercepted. The response from israel after that was quite limited, but were in sort of a different space now, and the expectation here on the ground is that the response from israel this time will not be as limited, and thats driving concerns that this could spiral into an even broader conflict across the region. Yes, something the u. S. Has tried to avoid. Certainly right, the u. S. Has momentum and theres a israel wants to push this further. Were following efforts across the south following surear Storm Damage from Hurricane Helene. Former President Trump is getting a show of support from National Security Experts. Well take a look whos backing him but also notably whos not. Those stories and a check on sports and weather when we come right back. Sports and weather when we come right back Power E trades easytouse tools, like dynamic charting and riskreward analysis, help make trading feel effortless. And its customizable scans with social sentiment help you find and unlock opportunities in the market. E trade from morgan Stanley Pain hits fast. So get relief fast. Only Tylenol Rapid release gels have laser drilled holes. They release Medicine Fast for fast Pain Relief. And now, get Max Strength topical Pain Relief precisely where you need it. With new tylenol precise. Vicks vapostick provides soothing nonmedicated vicks vapors. Easy to apply for the whole family. Vicks vapostick. 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And then hard hit asheville, North Carolina, where entire communities in that region were swept away by severe flooding. The president posted a picture on Social Media from inside the helicopter over western North Carolina calling the devastation he witnessed there heart breaking. Later biden visited the emergency Operations Center in raleigh alongside North Carolina governor Roy Cooper where he announced more federal aid for four states that includes deploying up to 1,000 active duty soldiers to reinforce the North Carolina national guard. I dont have to tell this group that Hurricane Helene has been a storm really of historic proportions. The damage is still being assessed, but many people are still unaccounted for. So im here to say the united states, the nation has your back. The nation has your back. Were not leaving until youre back on your feet completely. Meanwhile, a large number of National Security Experts have released a letter endorsing Donald Trumps bid for reelection. The group was organized by trumps fourth national security advisor, robert obrien, and includes over 300 signatories including u. N. Ambassador nikki haley. The Letters Release comes amid multiple global conflicts and claims that securing peace is the legacy of trump. Notably this letter was not signed by trumps first secretary of state, rex tillerson, her his secretaries of defense, james Mattis And Mark esper. Next up well turn to sports and well bring you the latest from a great day of major League Baseball Playoff action. Well have highlights from all four wild Card Series including three sweeps. Those stories and a check on the Weather Forecast when Way Too Early returns. N Way Too Early returns 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. 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