Amid threats from the farright that could lead to a Government Shutdown. Meanwhile, Minority Leader Mitch Mcconnell is again calling on members of his own party to support continued aid to ukraine. That comes as russian president Vladimir Putin turns to another dictator for more supplies for his military. And also ahead, an absolutely crushing start to the season for New York Jets fans with Star Quarterback aaron rogers now likely out for the year after only four plays under center. Good morning and welcome to Way Too Early on this tuesday, september 12th. Im jonathan lemire. Thanks for starting your day with us. And well begin this morning with a move that was widely expected in the federal election interference case against former president donald trump. In a filing yesterday lawyers for trump officially asked the judge overseeing the trial, tanya shut kn, to recuse herself. They wrote this, judge chutkan has in connection with other cases suggested former President Trump should be prosecuted inimprisoned. Such statements made before this case began and without due process are inherently disqualifying. Although judge chutkan may intend to give trump a fair trial and may believe she can do so her public statements taint these proceedings. Judge chutkan has a reputation for handing down the toughest penalties on the january 6th rioters. The past statements referenced by trumps lawyers came during Sentencing Hearings for two of those insurrectionists. At one hearing she said this, quote, the people who mobbed the capitol were there in fealty to one man. Its a Blind Loyalty to one person who, by the way, remains free to this day. At the other she told a convicted rioter the people who exhorted you and encouraged you to fight have not been charged. Now the former president has repeatedly accused chutkan of being a, quote, trump hating judge. His attorneys are asking that the court clerk randomly assign the case to another judge. Although judge chutkan herself was randomly assigned to it just last month. In response to trump teams filing she is giving prosecutors three days to file any opposition. Ultimately judge chutkan herself is the only person who will rule on the motion for recusal. And in another court filing yesterday trumps attorneys asked a judge to throw out many of the criminal charges against him in that sprawling Georgia Election interference case. Trumps lawyers filed several motions that Piggyback Off of arguments already put forth by some of his 18 codefendants. This push to dismiss trumps Fulton County charges come as the former president s legal team has indicated that he might try to move the case to Federal Court. Now, his former chief of staff, mark meadows, filed an Emergency Motion asking a judge to pause an order denying his attempt to remove his criminal case to Federal Court. Its a lot to keep track of. This comes just days after the judge rejected his bid to move the Georgia Election interference case to Federal Court, concluding that meadows, the former white house chief of staff, had not met his burden. Meadows claimed he was acting under the scope of his federal duties. Yesterday his lawyers raised concerns their client could be convicted and incarcerated before his appeal plays out. The judge presiding over the case gave prosecutors until noon today to respond. Meadows is one of at least five codefendants who filed motions to move the case to Federal Court. Joining us now here on set at 30 rock State Attorney for palm beach county, dave, aaronburg. Thank you for being here. Lets talk about trumps efforts first assuming the charges are not dropped. Do you think trump will go ahead with the request to move to Federal Court . And especially in light of meadows own bid being rejected, do you think trump would have a chance of success . No chance of success, jonathan. Meadows had the best chance of all of them because he was chief of staff trying to setup meetings, which could be grounds Interest Removal but he went too far. He was acting for the campaign not as chief of staff for the white house. Trump had no business making those calls. The president of the United States has no Business Dealing in State Election matters, so he has a zero percent chance of getting his case removed. And the fact meadows didnt get removed means all the other defendants just just stop trying. So judge chutkan is being asked to recuse herself in the federal case by trumps legal team. Give us your honest assessment here, taking into account her previous statements of which we just read, do the trump team have a point she should think about recusing herself . Do you think she will . No, theres a high burden to overcome to get a judge to recuse herself. Thats why jack smith is not getting judge cannon to recuse herself. Its really hard to do. You can tell by the first sentence of the motion where they refer to trump as president donald j. Trump, and throughout the motion they continue to refer to himself as president. So i think its a bit of a vanity play here. But the standard is high. I dont think he reaches that. Youve got to be able to have a reasonable question of impartiality of the judge. The fact she made statements about other defendants on january 6th isnt enough. In fact, she didnt mention on those statements. It was trumps lawyers who says shes referring to trump when she says he tried to intigate the election. With Friends Thalike that who needs inmaams . And theres a statement there about him remaining free. Thats factually correct. Correct. Tell us whats next here as you look at all these legal cases swirling around the former president. What are some of the sort of next key markers in the cases youll be looking for in the weeks ahead . I think the best case against trump from a prosecutors standpoint is the maralago Documents Case, but that one has been a slow rolling bit with judge cannon. Im waiting to see what happens with the garcia hearings. Those are hearings that determine whether conflict exists for the lawyers for the defendants. Remember trumps paid lawyers are defending multiple codefendants. One of them, taveras, the it director, went and left to a public defender and then he flipped because of that. If that were available to the other codefendants like nauta and deolive are you, they could flip as well. Then there are issues on protective orders. Theres not been a hearing on the Documents Case since midjuly, so i think that needs to get moving. I think a case that has a chance going to trial before the election is the d. C. Case with judge chutkan. That case is built for speed. So i think that one is going first. And the atlanta case is really good case against the 19 defendants, but its a complex rico case, and i think that one could get bogged down because of the sheer number of defendants and all the different counts. The case im watching, the d. C. Case, the new york case, but the strongest two cases, the Documents Case and the atlanta Fulton County case i think will probably go after the election. And with the federal election interference case built for speed that explains some of the stalling tactics trumps team is doing with tanya chutkan. Thank you for joining us this morning. We turnover seas now and desperate Search And Rescue efforts under way in morocco following a 6. 8 magnitude earthquake that left more than 2,800 people dead and those numbers may climb. Nbc news Foreign Correspondent matt bradley has the very latest on the devastation and recovery. Reporter high in the atlas mountains, glimmers of hope. Survivors brought out on stretchers somehow making it out alive after the most powerful quake to hit morocco in over a century. This man clutching his two daughters and his other two children were kill. These were the horrifying moments when the massive 6. 8 quake struck friday night sending customers pouring out of a restaurant, buildings crashing down. This man managed to escape before. We traveled to one of the hardest hit areas in the countryside. You can smell the death here. Between 90 and 100 people were killed in this village alone, and theyre no longer looking for survivors. She says this is her bedroom right here. Four members of her family were killed in the earthquake. She says everybody was taken out. Right now theyre looking for things. Theyre looking for their Identity Cards and other things they need. In mountain villages like this one the Construction Materials are rudimentary. And as you can see faced with a magnitude earthquake like this, they didnt stand a chance. In some cases the remaining homes are so fragile, the eight helicopters caused further damage. The moroccan government facing criticism over the pace of the response, many struggling to reach rural areas. She lost several member of her family and her home, but she still has an abundance of kindness. She insisted on making us tea. Her son. All theyre asking from the government is to rebuild their homes and give them food. Theyre not asking for much. Our thanks to matt bradley for that report. Were following breaks news in the developments for the search for a pennsylvania inmate as police say the search for the convicted killer is growing more desperate. Plus new covid19 Booster Shots could be coming this fall. Those stories and a check on sports and weather when we come right back. Weather when we com right back age is just a number, and mines unlisted. Try boost® high protein with 20 grams of protein for Muscle Health versus 16 grams in ensure® high protein. Boost® high protein. 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Reporter over the weekend the Illusive Cavalcante somehow escaped that park, sneaking past 400 members of Law Enforcement, stealing this van, abandoning it, and vanishing once again. Authorities now say cavalcantes sister has been detained by Immigration Officials but would not say if shes helped her brother. She has failed to cooperate, and so there was no value in Law Enforcement keeping her here at this point. Reporter police are warning against anyone assisting him. We will prosecute you fully for those actions. Reporter franco rosa used to live with cavalcante. What was he like as a roommate . Super quiet guy, very shy. Wouldnt talk much. He wouldnt start a conversation. Reporter they were roommates until cavalcante moved out the day before he murdered his Ex Girlfriend in 2021. Has he made any attempt to reach out to you . No, nothing at all. And if he does it, i will call police right away. Reporter he has attempted to reach out to others. This was cavalcante Saturday Night trying to contact a former coworker. His image now clean shaven. Authorities now say the search is entering the, quote, long game but they believe cavalcante is only growing more desperate. The more resources, the more tools we bring to bear, we will ultimately capture him. He doesnt have what he needs to last longterm. Reports overnight on another possible sighting. We of course will keep you posted of any developments as the day goes on. Meanwhile, the fda has approved the latest round of covid19 vaccines, and americans may be able to receive them as early as next week. The newest shots manufactured by pfizer and moderna were formulated to protect against the Omicron Subvariant that peaked over the summer, but Developers Say they also appear to be effective against newer variants. A cdc Advisory Panel is expect to meet today and issue recommendations on who should receive the vaccine with a rollout expected later this week. This comes, of course, as cases are really starting to surge again. Hospitalizations up as well. Meanwhile, mgm resorts is investigating a Cyber Security issue thats affected nearly all of its computer systems. The casino and lodging operator made the announcement yesterday. The initial outage impacted nearly every aspect of its business, reservation and booking systems, Hotel Room Key cards, and yes, the casino floors. Overnight mgm posted online its resorts are now operational and guests can once again access their rooms. The fbi says its aware of the incident but has provided no other details. Still ahead in sports, the New York Jets may have lost their quarterback for the season, but there was a Silver Lining to last nights game. Thats small, small consolation, though, for what was a stunning night at met life stadium. We bring you those highlights and of course a look around major league baseball. Thats all straight ahead. D major league baseball. Thats all straight ahead. 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