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4:00 in new york with the skies above us are hazy from those canadian wildfires. we are all under air quality warnings. we're going to get to that story later in the broadcast. but we begin with what is shaping up to be a white knuckle day for the disgraced twice impeached now indicted legally liable for sex abuse ex-president thank foss fast-moving developments in special counsel jack smith's investigations, plural, into donald trump. today, a federal jury in miami is back in action hearing witness testimony as part of the special counsel's investigation into whether the ex-presiden...

legal analyst. of course, the one and only, rick wilson, cofounder of the lincoln project, republican media strategist. welcome to all of you. he is also the author of run against the devil, a plot to save america from trump and democrats from themselves. i love that one. so, barbara, let's start with you. will the supreme court be forced to weigh in on trump's ballot eligibility? i think that's the driving question right now. >> i think so. i don't know how they dodged this. in light of the fact that we have seen different opinions now coming out of different states. i think, ultima...

end. then, nikki haley fanning the culture war flames. a fact check on what she said over the weekend. and apple debuting a 3500 dollar headset. but is there more to this? with just a hefty price tag, as the 11th hour gets underway on this monday night. ♪ ♪ ♪ >> good monday evening. i am stephanie ruhle, with a lot of news to cover tonight. and the special counsel's investigation into donald j trump's handling of classified documents appears to be at equivocal stage. and i know i've said that to you before, but this time, i really think it's different. this morning, three membe...

and disregard them, the jury, as subjected to them, may not. the court shall not permit the defendant to turn the courtroom into a forum in which trump -- inject politics into this proceeding. jack smith then kicks off a highlight reel of trump's favorite spurious arguments, things like, trump, quotes complaints about the jury indictment and the trial date will interfere with his political activities. or trump's quote, false accusation was directed at the former president. jack smith also takes issue with some of the trump's favorite catch phrases like the injustice department or bid...

we are getting a wealth of new details today in the criminal investigation into donald trump's handling of classified documents thanks to some pretty stunning brand-new reporting. "new york times" reports this. "prosecutors are expected to question a new witness in front of a federal grand jury sitting in florida later this week. that is according to people familiar with the matter. at least one other witness has already appeared before that florida grand jury, which is separate from the one that has been sitting for months now in washington." why prosecutors have continue seened a s...