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Special counsel jack smith announcing the third indictment of donald j. Trump after months of investigating the former president and his allies and their efforts to overturn the 2020 president ial election. This hour well have indepth coverage of the accusations against trump and the new information were learning about his attempt to stay in power from that sweeping federal investigation. And well also look at how this latest legal issue could impact the president ial campaign as he has used previous indictments to boost fundraising. Good morning, and welcome to Way Too Early on this wednesday, august 2nd, a historic day. Im jonathan lemire. Thanks for starting it with us. And well begin this morning with history once again. Former President Donald Trump who took an oath to preserve, protect, and defend the United States constitution has been indicted for allegedly trying to subvert that very same document. In washington, d. C. Yesterday a federal grand jury of trumps own peers convened by Special Counsel jack smith voted to charge the former president for his alleged efforts to stay enpower after he lost the 2020 election. The 45page indictment lays out four Felony Charges against trump. They are conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, obstruction of an attempt to obstruct an official proceeding, and conspiracy against rights. Speaking about the case after the indictment was unsealed, smith emphasized the seriousness of these charges. The attack on our nations capitol on january 6, 2021, was an unprecedented assault on the seat of american democracy. Described in the indictment, it was fueled by lies. Lies by the defendant targeted at obstructing a Bedrock Function of the u. S. Government, the nations process of collecting, counting, and certifying the results of the president ial election. Trump is scheduled to make his First Court Appearance in this new case tomorrow, thursday, at 4 00 p. M. In washington, d. C. The indictment against trump alleges that he knew his claims of the election being stolen were false and that he was notified repeatedly that those claims were not true. The document begins with this statement. Reading in part, quote, the defendant lost the 2020 president ial election. Despite having lost, the defendant was determined to remain in power. So for more than two months following election day on november 2020, the defendant spread lies there had been Determinative Fraud in the election and that he had actually won. It goes on these claims were false and the defendant knew they were false, but the defendant repeated and widely disseminated them anyway to make his knowingly false claims appear legitimate, create distrust and anger and erode public faith in the election. And now to this day the former president still insists that the election was stolen from him even though he lost to now President Joe Biden by millions of votes. ThenVice President mike pence and senior Government Officials warned trump and his coconspirators that their efforts to hold onto power could lead to civil unrest. The indictment also highlights how on january 4, 2021, after one unnamed coconspirator acknowledged to a Senior Advisor that, quote, no court would acknowledge his proposal to reject the electoral votes cast for president biden, he responded this way, youre going to cause riots in the street. Joining us now former u. S. Attorney and msnbc contributor barbara mcquade. We also have with us On Set Msnbc Legal analyst danny cevallos. Barb, lets start with you and quite simply get your initial raebz after reading the 45page indictment and hearing from Special Counsel smith. No surprise in light of the Target Letter we got. What was surprising to me was the inclusion of six coconspirators without naming them and without charging them. That says to me jack smith is laser focused on getting this case tried as soon as possible. It gives them one last opportunity to become witnesses and cooperators instead of defending because eventually hell get around to charging them if they dont get onboard. I think strategically really a brilliant move by jack smith to charge the way he did. Danny, as we just read the indictment lays out trump was repeatedly told that he lost. He knew that he lost. How important is establishing that exact . And is that something that trump and his team is going to try to how would they push back to say their claim would be, no, maybe he did believe he won, he did believe it was stolen . To me that is the most important thing ing this indictment. Its not surprising since weve known almost all the facts since the January 6th Hearing Last Summer and arguably a lot of these date back to trumps impeachment trial, some of these we saw and hear. Trumps defense has been narrowing for some time to really his window is based on ignorance. And ignorance of the law is typically nut a defense, but ignorance can go to his intent. Just as you sort of frame there, his defense will probably revolve around for all these charges, look, i believe that the election was being stolen. I believed that what i was doing was the right thing, i believe i was upholding the constitution challenging these Election Results. And so for me the key was attacking that intent. And here the government does just that. They do it on starting on page 6 and 7 and a section entitled essentially all the things trump should have known or knew, and they go through all the people that told him he was wrong, his own Vice President , Senior Leaders of the Justice Department, the director of national intelligence. And so if trump wants to go into trial with the argument that, look, you cant prove what i actually believe, prosecutors are saems saying go ahead and try that defense. Well trot in all these witnesses who are not cooperating witnesses, who are not criminals. Theyre going to be probably Senior Leaders of the Justice Department who will say we told the president that what he was doing was wrong, and yet he went forward with this idea. So the government will simply say to a jury that a reasonable view given all the people that told him otherwise. And you mentioned the january 6th house committee, many have said it was their work that really kick started and pushed the doj to move forward with their own investigation. Barb, you mentioned those unnamed six coconspirators. We can piece together Rudy Giuliani seems to be one, john eastman, et cetera. More than that, weve heard from the beginning all the investigations swirling around trump this one the most important but maybe also the hardest one to prove. Do you think thats still the case . I do only because the part danny just highlighted about criminal intent. Theres also a Jury Instruction that no doubt will be given in this case regarding willful blindness, and that instruction says that a person cannot be deliberately ignorant of a high probability that a fact is true. And so here as danny pointed out jack smith goes through great pains to prove at trial donald trump knew he lost the election or he was willfully blind to it. It was the equivalent of a toddler putting their hands over their ears and humming loudly to say i cant hear you. So i think a jury can draw a reasonable inference from all those facts that donald trump absolutely knew he had lost this election. And so i think in some ways one of the things that jack smith did here was keep this stream lined and focused. I think hes avoided some of the constitutional defenses donald trump could have raised. Hes focused on all the things weve kind of known, the facts a to z to steal this election knowing he had lost. Thats a great point how this is actually very little about january 6th and the riot but much more about they lied. Its noteworthy it makes direct reference of trumps attempt to overturn election in georgia. We may get charges on that within the next week or two. What do you make of the fact its included here . How interesting is it this is going to be something pursued at the state and federal level . Page 12, this is very significant to me on page 12 in the section entitled georgia, the indictment lays out facts that support its charges against donald trump. And to me if im the Fulton County District Attorney, that feels almost like a Shot Across The Bow that, hey, the federal government seems to think what happened in georgia constitutes a crime. What are we going to do . And i felt when i read that yesterday i thought, boy, eyes are turning south to Fulton County georgia to see what the attorneys there will do with these allegations. Again, theyre not a surprise. The facts about what happened in georgia are known publicly and theyve been known for years. The Real Question is did the federal government and does the Fulton County d. A. Think those facts constitute a crime . We know now the federal government that jack smiths team believes they did constitute a crime, and now the question is does fani willis and the Fulton County District Attorney believe the facts which weve known are alleged and now alleged on page 12, do those constitute a crime in georgia . An allstar legal panel to get us started this morning. Barbara mccade, and danny cevallos, thank you both. Still ahead here well have coverage legal and political of this indictment including what u. S. Attorney Merrick Garland is saying about these charges about trump. Plus more revelations from the Special Counsels office including one exchange trump had with mike pence where he criticized his thenVice President for being, quote, too honest. Well be right back. Quote, too honest well be right back. This is your moment. Critics declare oppenheimer is magnificent. The New York Times calls it staggering. Its utterly enthralling and one of the best movies of the century. Hi. 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So immediately after the january 6th attack on our democracy, the career men and women of the Justice Department engaged in what has become the largest investigation in our history. On november last i appointed jack smith the Special Counsel to take on the investigation in order to hiheight the departments experience. Smith and his career team of prosecutors and agents have followed the facts and law wherever they lead. Any questions about this matter will have to be answered by the filings made in the courtroom. Thats Attorney General Merrick Garland briefly addressing the newest indictment against former President Trump during an event he attended in philadelphia last night. And in that new indictment we also learned about trumps alleged efforts to get mike pence to help him overturn the 2020 election. Trump allegedly made several private phone calls to his Vice President in the days leading up to the election certification proceeding, telling pence to reject those votes. But pence refused saying there was no constitutional basis for him to do that. In response on January 1st Trump allegedly told pence that he was, quote, too honest. And then just hours later trump reminded his supporters over twitter to protest the proceedings on january 6th, writing stop the steal. Now, as Pence Campaigns for the presidency himself, he continues to tell voters that trump was wrong to ask him to try to overturn the election. He reiterated that Statement Last night writing this, anyone who puts himself over the constitution should never be president of the United States. Our country is more important than one man. Our constitution is more important than any one mans career. Pence says hell have more to say after he reviews the full indictment, and as our show continues well bring reactions from republican lawmakers on capitol hill as well as those vying with trump for the gop president ial nomination. Still ahead here, well turn to a possible defense for trump in that Election Case. Well show you the arguments quoted last night by one of his lead attorneys. Well be right back with that. K. There are places youd like to be. Like here. And here. Not so much here. If you have chronic kidney disease, farxiga can help you keep living life. Farxiga and farxiga reduces the risk of kidney failure, which can lead to dialysis. Farxiga can cause serious side effects including dehydration, Urinary Tract or genital Yeast Infections in women and men, and low blood sugar. Ketoacidosis is a serious side effect that may lead to death. A rare lifethreatening bacterial infection in the skin of the perineum could occur. Stop taking farxiga and call your doctor right away if you have symptoms of this bacterial infection, an allergic reaction, or ketoacidosis. Farxiga can help you keep living life. Ask your doctor for farxiga for chronic kidney disease. If you cant afford your medication, astrazeneca may be able to help. Farxiga welcome back to Way Too Early. As we continue our coverage of the latest indictment of former President Donald Trump, and one of his lead attorneys in the 2020 Election Case seemed to lay out a possible defense for the former president last night. In an interview with fox news, a lawyer Named John Laro claimed this latest indictment was an attack on free speech and political advocacy. He also suggested that trump genuinely believe that all of the allegations of Election Fraud were true. I would like them try to prove beyond a reasonable doubt that donald trump believed these allegations were false. What did he see in realtime . He saw changes in Election Procedure in the middle of the game being carried out by executive level people at the state level, election officials, but not the state legislators. He had in advice of counsel a very detailed memorandum from a constitutional expert who said, mr. President , these states are complaining about what happened. You as the executive have the ability to ask Vice President pence to pause the vote on january 6th, have these states audit and recertify, and well know who won the president ial election. Thats what trump suggested. Theres nothing unlawful about that. Thats going to be the burden for jack smiths team to prove that, that line of defense. After the interview the former Chief Of Staff for Vice President pence disputed most of those lawyers claims. I think he does a great job of presenting himself as a victim. And while the russia Hoax Investigation i think was clearly unfair, i dont think hes really a victim in this case, and i dont think its right to say hes protecting the First Amendment rights of all americans. And i think, John The Reality is donald trump asked mike pence to overturn the results of the election. Interesting to see that view point being voiced on fox news. Time now for a check on the weather, and lets go to meeturousologist Angie Lassman for the forecast. 45 Million People and does include phoenix with the heat watch. Temperatures today ending back in the triple digits. Dallas at 106. We could see record breaking temperatures not just tomorrow but today, too. Meanwhile the north east and midwest really great conditions as we head into the end of our workweek and into the weekend. I dont think anyone is complaining of low 80s by the time saturday rolls around in new york. Good conditions there and also got showers and thunderstorms that could produce some really strong thunderstorms leading up to severe later today in parts of really the midwest. Missouri specifically is going to be one of the states hardest hit by this with heavy rain, potential for strong winds as well as large hail, too, and that leaves us unsettled tomorrow for parts of the southeast, and north east and midwest will get in some of that action, too, as we get into tomorrow. Nothing too impressive but itll all be out of the picture by the time the weekend rolls around. Still ahead here on Way Too Early, much more on the top story of the day, the third indictment of former President Donald Trump. What were learning this morning about the judge assigned to this new case and her history of handing down stiff penalties to dozens of alleged january 6th rioters. Well be back with that. H rioters. Well be back with that. Ng tool that gives you a mop and bucket clean in half the time. Our new cleaning pad has hundreds of Scrubbing Strips that absorb and lock dirt away, and it has a 360degree swivel head that goes places a regular mop just cant. 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Some of the most common side effects include injectionsite reactions, fever, and tiredness. If you switch to cabenuva, attend all treatment appointments. Ready to treat your hiv in a different way . Ask your doctor about everyothermonth cabenuva. Every other month, and im good to go. Theres no question, none, that President Trump is practically and morally responsible for provoking the events of the day, no question about it. President trump is still liable for everything he did wheel he was in office. As an ordinary citizen unless the statute of limitations has run, still liable for everything he did while hes in office. Doesnt get away with anything yet yet. We have a criminal Justice System in this country. We have civil litigation, and former president s are not immune from being accountable for by either one. Welcome back to Way Too Early. Just before 5 30 a. M. On the east coast, 2 30 out west. Im jonathan lemire. Thanks for being with us. That was Senate Minority Mitch Mcconnell speaking just over a month after the january 6th attack on the capitol. So far hes yet to comment publicly about trumps latest federal indictment, the onehanded Down Yesterday in washington, d. C. Joining us now cofounder of punch bowl news, jake sherman. Hes an msnbc political contributor. And also with us nbc news justice reporter ryan riley. Thank you both for being here on such an important morning. Jake, lets start with you. Give us the sense of the reaction on capitol hill particularly from republicans to trumps second federal indictment. This one, of course, hits closer to home for so many who were in the Capitol On January 6th trying to avoid a mob as i know you were who were fueled to violence by trumps lies. So the reaction is relatively predictable, john, which is republicans are saying this is a distraction to their investigation to donald trump, which is i would say laughable to be honest with you. But on top of that this is something we point out in our Morning Edition this morning its not for members of Congress Abstract from the documents case which is something donald trump did or didnt do on his own volition in his home. This was a case that played out in realtime in the public meaning donald trump according to this indictment and according to reality because we were all watching this sowed doubts about the Election Process which indirectly or directly led to the january 6th attack on the capitol, which hundreds lived there and were res corted through the capitol by s. W. A. T. Team members with machine guns. We all witnessed that. Many of us were there. Listen, the biggest reprieve here i would say many members of congress were in recess until the middle of september, and when they return it would have been more than a month since this indictment was handed down. But the reality is its 460 days, john, until the 2024 election, and hundreds of members of congress, 222 people in the house, 11 Senate Republicans are going to be running and answering questions for the next 460 days as to whether donald trump deserved to be indicted and all the particulars of this case. Certainly the case provided a backdrop to that campaign, but to your point theyve been clear theyre probe into hunter biden will continue. Tell us about the judge assigned to this case. Theres been so much talk about aileen cannon, the judge in South Florida she may be sort of deferential to the former president s team, but tell us about the one here in the district of columbia. If trump got lucky in florida, he got very unlucky in d. C. Because judge chutkan especially those lower level cases where the Justice Department was recommending home detention, for example, she said, no, those cases involve some sort of period of incarceration. Shes also departed downward in cases or shes gone below what prosecutors have sought in several january 6th cases. But as the Associated Press has laid out in the most number of january cases shes gone upwards or at least given the government what they wanted in the vast majority of her cases overall. This is person who takes what happened on january 6th very seriously and so there happen to be consequences for what took place and the mob violence that we saw. She also was involved in the handing over the documents when trump challenged this to begin with. So honestly if we follow the pattern that weve seen in other cases, its easily predictable were going to see a lot of awful racist attacks on the judge which is what weve seen in the past and the difference between trumps enemies who are just white males and the other and the individuals hes targeted who are not. I think thats what we can expect. Ive seen that, you know, personally, and a lot of the cases that shes handled on january 6th thus far that havent involved donald trump. Its just a matter how ugly its going to get. This could be deeply disturbing in the months ahead. Jake, we know republicans so often try to create false equivalencies, throw up the smoke screen, try to distract from trumps latest legal or political woes. Take us inside the thinking of House Speaker mccarthy, if you will how theyre going to approach this one. It seemed a few days ago he was trying to tamp down the impeachment talk and only a couple days later we heard former President Trump pushing to do that again. I think this increases the likelihood of an impeachment. I think mccarthy will again say this is distraction. The investigations while hit a fever pitch, john, when Congress Returns in september. All right, well, jake sherman, thank you so very much and ryan riley, thank you as well. Well be watching your coverage here here on msnbc. Still ahead the countrys Credit Rating takes a hit over the Debt Ceiling Debacle that was resolved earlier this year. Well go live to cnbc for more on the impkt of that downgrade and a look whats driving wall street and more coverage of the historic indictment of former President Donald Trump as we see the sunrise over midtown manhattan. Way too early will be right back. Manhattan. Way too early will be right back as someone living with Type 2 Diabetes, i want to keep it real and talk about some risks. With Type 2 Diabetes you have up to 4 times greater risk of stroke, heart attack, or death. Even at your a1c goal, youre still at risk. Which if ignored could bring you here. May put you in one of those. Or even worse. Too much . Thats the point. Get real about your risks and do something about it. Talk to your Health Care Provider about ways to lower your risk of stroke, heart attack, or death. Learn more at getrealaboutdiabetes. Com and were done. Hm, what about these . Looks right. 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At stores everywhere without a prescription. Welcome back. Well have more in a moment on the indictment of donald trump. Were going to take a look now at business news, and for that lets bring in cnbcs Arabile Gumede who joins us live from london. Good morning, arabile. Stock futures are down as investors look ahead to Economic Data this morning. Were seeing a lot of red on the board. What are economists anticipating . Yeah, its a down day, right . And really as we head towards that Economic Data set to come out well on friday, thats the job numbers then that wail be quite crit wrl, around 200,000 on jobs anticipated to have been created in the u. S. Economy. We also have adp or private Employment Numbers anticipated in our data tad. That is also a key Focus Point Plus of course all the earnings in key focus. Yesterday we had uber put out some of their numbers. You can tell things are doing very well. 58 of s p 500 companies have reported their earnings thus far. 82 of those who have reported have beaten estimates by those that have put forth how things would fair. Clearly a much broader and better financial stance thus far and the market can continue that momentum, it is going to be quite significant to see from here. It was obviously swallowed up by all the trump news yesterday, but arguably the second most important story yesterday was this one. The countrys longterm Credit Rating was downgraded from its highest mark, and that kicked off howl of protests from many. Walk us through what happened here. Yeah, so s p ratings as well and this was of course back in 201 they decided to cut down the rating of the and that was based off, well, guess what it was the Debt Ceiling Discussions a similar situation had warned. Things were getting a little too close to the x date and they were worried about the fiscal comprehension and ability of the u. S. Economy and they had put the u. S. On negative watch. Yesterday ultimately deciding to exercise that negative watch and then downgrade the u. S. Economy. Now, it does mean its second Credit Rating agency to downgrade the United States. It pretty much puts them on the same footing. The question is then whether moodies will follow suit as well, so it puts them in lock step in that sense. Again, it doesnt mean, however, the u. S. Economy the secretary janet yellen actually speaks about how this data the decision is based on outdated numbers and data and that its really arbitrary and it shouldnt actually impact things too significantly. Thats the word from analysts as well. Plus youre also seeing investors actually go towards the dollar to find the dollar has appreciated and theres going to be gains in the treasury yields as well. Important news there. Cnbcs Arabile Gumede live from london, thank you as always. Up next here on Way Too Early, the seven states where a new federal indictment says that former President Trump pressed officials to change the 2020 Election Results. Way too early will be right back with that. im trying this cheap stuff is too thin i told you not to get the other toilet paper. Heres Charmin Ultra Strong. Ahhh my bottoms been saved woooo with its diamond weave texture, Charmin Ultra Strong cleans better with fewer sheets and less effort. Whats everybody waiting for . This . Ok hon, we know youre clean. We all go, why not enjoy the go with charmin. fan 1 there ya go thats what im talkin about ok hon, we know youre clean. josh allen is this your plan to watch the game today . hero fan uh, yea. I have to watch my neighbors Nfl Sunday Ticket. josh allen its not your best plan. But you know what is . Myplan from verizon. 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And we return now to our top story, the latest indictment of former President Donald Trump. The Special Counsels team alleges trump zeroed in on several key states that he lost in 2020, pressing officials there to change the Election Results. The states he focused on were arizona, georgia, michigan, pennsylvania, nevada, new mexico, and wisconsin. He lost georgia by the slimmest of margins, less than a percentage point. His efforts there now subject to an investigation by the Fulton County d. A. That loss was about a percentage point, but he lost new mexico by more than 10 points. We already know about some of the alleged attempts to change the Election Results detailed in in the indictment such as just mentioned the former president and his thenChief Of Staffs efforts to push Georgia Secretary Of State to find enough votes for trump to win. I only need 11,000 votes. Fellas, i need 1 1,000 votes. Give me a break. So, look, all i want to do is this. I just want to find 11,780 votes, which is one more than we have, because we won the state. Theres nothing wrong with saying that, you know, that youve recalculated. The phone call becomes more galling every time you hear it. Jack smith also alleges the former president and his allies reached out to six lawmakers and one representative in the house after the january 6th insurrection. The indictment details an alleged Phone Message left for a senator by a coconspirator after the riot was over. Quote, we need you, our republican friends, to try to just slow it down so we can get these legislatures to get more information to you. Joining us now Associate Professor of Political Science at fordham university, christine greer. Great to see you this morning. Obviously theres history made here. Donald trump was the first former president to be indicted once and twice, can now three times. This case is at the heart of the american democracy, on a fair and free election, the peaceful transfer of power. Take a step back for us and just tell us why this is so important to have this indictment levied today. Yeah, jonathan, good morning. You know, part of what has been so concerning about donald trump as an executive is that hes never respected the constitution and rule of law or larger american democracy. And dare i see we were in the danger zone but he didnt attend the inauguration of joe biden, the peaceful transition of power. Weve never had a former president choose not to attend the inauguration of his successor. So we started right there, and then, you know, when we think about the recordings that we have, about donald trump using tactics, jonathan, that those of us who live in new york and youre a reporter in new york for many years, you know the Bullying Tactic donald trump used in business and other shady dealings for several decades. He thought he could bring it to a National Level and in many ways he did. He had lots of people supporting him. When you see those people have gone to jail, will be going to jail or avoid going to jail because they carried his water for him. In this context either we read john washingtons farewell address and he warns us about parties and the hyperfactions that can occur, but he warns us about possibly getting an executive that doesnt care about the country and possibly susceptible to foreign powers and will put other countries before america. These are really important crisis points that donald trump has exploited time and time again. And this latest indictment that i think is so clearly laid out starts with the simple fact this is a man who did not win the 2020 election, and he nor his ego could handle it. And weve seen things go downhill for him and largely the country ever since. Specifically, jonathan, because his supporters have a separate reality what has actually gone on because they believe what donald trump keeps repeating even though he flat out says false statements and lies. Of course professor greer, its not just hes a former president. He is running for president again. President. He is running for president again. So talk to us about the test of our democracy, the test that awaits as trump moves from courthouse to courthouse while also moving from rally to rally site and still has a real chance to be president again. Absolutely. Well, the framers set it up so we had this kind of Special Stopgap to make sure the Executive Office couldnt get too powerful. We have legislative and judicial branches that could serve as waysch to put a check and balan, right, thean separation of powe, talk about the federalist papers and Federalist 51 and why its so important to dust off our Middle School and high schoolbooks to make sure we understand the intent of the law and the framers. Donald Trump Supporters dont seem to care. We care about the will of law. We care theres a strain on our over arching democracy, this oc country has always been a work in progress since its inception, slavery, mass genocide, actually not having equal rights for the vast majority of individuals and not even citizens. Weve come a long way. He has shown he doesnt care about the fundamentals of democracyfu and neither does hi supporters. Hes doing incredibly well because hes presenting an Alternative Universe for them. This is an Alternative Universe where they can be king and go back to making america great. I think a lot of people of color, a lot of women, a lot of immigrants, know exactly what that meansow when he says that. We should know his likely opponent, joe biden, did not comment. He had a date night with the first lady. Dinner, a walk on the beach and a showing of the movie oppenheimer. Christina greer, we deeply appreciate you being with us this morning. Coming up on Way Too Early, donald trump is trying to turn his new indictment into cash forw his president ial campaign. Well give you an update on those Fundraising Efforts and what the 2024 field is reacting. Coming up on morning joe, well hear from legal analysts and reporters throughout the morning with reaction to what this means for the country and Donald Trumps future. Plus, inside accounts of the January 6th Probe in the house from an adviser and the lead investigator for the select committee. Morning joe is a few moments away. You wont want to miss it. For. 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As you might suspect, it didnt take long for the Trump Campaign to start fundraising off of his latest indictment. Team trump sent out its first email asking supporters for money just minutes after news of the indictment broke. The email warned supporters the American People are the actual target adding their freedom is on the line. Now its a formula that has paid off for Trumps Campaign in the past. The former president saw a spike in Online Fundraising after his first two indictments. Were now on to number three. Joining us now nbc News Senior National politics reporter jonathan allen. Great to see you, as always. Talk to us about this plan. How is the Trump Campaign responding to the latest indictment both in terms of fundraising but also political strategy . Generally speaking, john, they are doing what theyve done before but on steroids, trying to raise money, as you point out. They are sort of in dire financial straits, they have had difficulty raising money. His pac and super pac raising money faster than they are taking in, 20 million in the First Six Months for legal fees for trump and for others. Hes in trouble there and then, of course, the rhetoric is the other piece of this. When you read those fundraising emails, they might as well be on fire, thats how hot it is. Their anger, their outrage, him being indicted, talking about illegal persecutions and the like to try to get people agitated. And to this point its proven somewhat effective that he has suggested the government is coming after me. You could be next. Im just your representative in some ways. We know he expected to hear well see him in court tomorrow. Well keep an eye on truth social as well. John, give us our sense how the rest of the republican field is reacting. We mentioned Vice President pences statement, how are the other campaigns plotting how to respond to this indictment . There is a full sort of spectrum from hutchins, saying throw trump out to the candidates that are doing better. And thats the point. Basically theres an Inverse Correlation between someones willingness to say that donald trump has done something wrong here and their viability as a candidate. The people more viable are less likely to say anything because the republican electorate has shown theyre not interested in criticizing donald trump. He has more than 50 of the primary electorate in polls right now and that has gone up since the first indictment. Certainly trumps focus, he has to raise money for his Legal Defense. What are the regulations, the guidelines as to what kind of money can be used for what sort of purpose in terms of Campaign Spending versus legal bills . I think for most of us, most viewers, Campaign Finance is basically the wild west now. Even though theres certain limitations on what a candidate can do with their campaign money, there are so many other entities the candidates have that have the ability to come in and do Legal Defense for them. It simply cannot be overstated this is a former president of the United States now facing three indictments. This one about the very heart of our democracy, a fourth in georgia seems likely on the horizon and it will shadow this entire campaign, a test for republicans, a test for our nation, a test for democracy itself. Senior nbc News National politician reporter jonathan allen, thanks for your insights this morning. Really appreciate it. And thanks to all of you for getting up Way Too Early on this historic wednesday morning. Morning joe starts right now. Okay, ill do this. Im going to do this. Lets go. This election is now over. Congress has certified the results. I dont want to say the election is over. I just want to say congress has certified the results without saying the election is over, okay . Now Congress Yeah now congress i didnt say over. Go to the paragraph before. Hours after the deadly insurrection, donald trump still refused to admit the election was over. Those lies and all the ensuing damage inflicted on the country are now at the center of the new Criminal Case facing the expresident of the United States who is a candidate to be the next president of the United States. Good morning and welcome to morning joe. It is wednesday, august 2, the month of august coming in like a lion. Lets dive right in to yesterdays

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