Courtroom on bull [ bleep ] because his Attorney General charged me with something. [ bleep ]. Also a former obama Cabinet Secretary and leading conservative federal judge teaming up to defend democracy from what they see as new threats. The president cracking down on investments in semiconductors and other Sensitive Technology to china. How will beijing respond . Massive wildfires in maui burning through buildings and forcing evacuations. Good day everyone. Im Andrea Mitchell in new york. Voters in ohio turned out in the august heat in recordbreaking numbers, an overwhelming reminder that Abortion Access is still a major motivator to draw supporters to the polls. Unofficial results showing ohioans voted to amend the constitution that passed. Organizers calling the vote a huge victory. The majority still rules in ohio. [ cheers and applause ] and the peoples power has been preserved because ohio voters like you showed up and overwhelmingly voted down issue 1. President biden declaring democracy won. Recent polls indicate ohios november referendum will now likely pass, and the momentum is spreading to other states. Groups in arizona announcing efforts to get a Similar Initiative on their ballot. Joining me is nbcs ali vitali in columbus, ohio, nbc news chief White House Correspondent peter alexander. And a founder of red, white and blue, that also opposed ballot issue 1. Ali, more than 3 million ballots were cast, far exceeding everyones expectations. Its a stunning number. We saw turnout already high for yesterday morning when we started out covering election day. To see more than 3 million ballots cast is a real sign of the momentum on the ground here. I spoke with one couple as they were walking out of a Polling Place yesterday, and i asked them, are you people that vote regularly here in every election. They said no, this one between Media Coverage and the issues that were specifically at play here had them coming out on a tuesday in august. Again, a real sign of the continued energy on the ground. I think whats important, when you look at the results, though, the fact that 57 of ohioans came ought to say no to issue 1 and made it harder for them to pass an abortion protection amendment in their constitution in november is why i asked the republican secretary of state, if this fell, what do you regret, this approach they took here. If it fails, any regrets about the approach . No. Its better than fight and lose than never to fight at all when its a worthwhile cause. Reporter whats fascinating, andrea, even as republicans like larose say theyre doubling down, its clear when you look at th in the larger picture of the post dobbs environment, the fact youve seen red states like ohio and before that in kansas voting on the side of Abortion Access, its a real wakeup call for republicans. Katie, talk to us about how you and mostly women mobilized this campaign. Its the middle of the summer. It was Republican Legislature, assuming they can find people being asleep and not coming out to the polls. We were not asleep and were so hopeful today in ohio. Andrea, people were setting off fireworks in some neighborhoods last night, just exuberant about these results. The way we did it is we organized. This started back in march when we new this Special Election was a possibility but not a certainty. It started then because we needed to collect signatures to put reproductive freedom on the ballot. Red white and blue collected over 710,000 signatures to do that. That meant we were talking to a lot of voters every single day. Every single voter we said, youre signing this to put this on the ballot. Something we need to do in the meantime is vote no on august 8th. People listened and they repeated it back to us. We did it by organizing, we were motivated to protect our democracy, stand up for our state and have a voice here and, yes, protect reproductive freedom. You saw that in the enormous turnout. We saw swings in suburban counties they went for republican j. D. Vance last november, were seeing swings up to 25 points. So i think republicans are being sent a big message here. Guess what . Its not just about trump. Its about the extremism that they are trying to sell and people dont want it and they cant just hide behind trump because they did this all by themselves. Peter alexander, from the white house perspective, you know you dont win the white house without winning ohio. Thats been true for democrats for certain. So are the president s people saying . Reporter i think the sense is this is bigger than ohio. This is now a national issue. Think about it. Youre in the middle of august. Abortion rights was not technically on the ballot. This would have been a littlenoticed fight over arcane constitutional fight. Instead they brought out more than 3 Million People in that state. The president , the white house, the dnc are all thrilled by this. The president saying this measure was in his words, to further erode the freedom of women to make their own health care decisions. He said democracy won. He says it speaks volumes that theyll vote will ensure the peoples power isnt diminished in forthcoming elections including a critical referendum on whether the women in ohio have the freedom to make their own health care decisions. The evidence keeps piling up related to Abortion Rights. Look what happened not too far back in kansas. The state Supreme Court in wisconsin getting a democrat judge to help fill out the court there as well. Looking ahead to 2024, democratic activists right now are looking to as many as ten states where they want to put Abortion Protections on the ball lot in some form which could surge their voters, including states like arizona where its not going to be just a key president ial race, senate race, but florida another state that could see this on the ballot. Katie, how do you keep this momentum going into november . Were just so excited that we finally get to vote yes no. We didnt want to have this Special Election. This was forced on us by our republican supermajority state legislature. They charged us as taxpayers close to 20 million to hold the election. We wanted to be organizing for reproductive freedom in november. I think this all is going to backfire on them because during the Election Process we were talking about reproductive freedom, talked about houp you have to vote no in august before you can vote yes in november. We have been out there organizing friend to friend, among family members, and were going to keep on rolling. People are under so much momentum now. We have so much confidence going forward. We also know, because republicans are saying it very loudly i dont get why they dont take a lesson here, but theyre doubling down. We have our work cut out for us. We saw the disinformation and how bad it got in the leadup to yesterdays vote. We expect that to continue and ramp up once again. Were ready to work and were excited to finally say yes to reproductive freedom in ohio. Katie, thank you for being with us, and ali vitali and peter alexander, of course. Later well talk to republican Governor John Kasich about all of this. Thats coming up. In hawaii wildfires are forcing evacuations, closing schools and causing power outages. The 911 system down in west maui. Officials say the fire has burned one of the most popular Tourist Destinations in the state. The National Weather service says Hurricane DoraPassing South of the island is partly to blame for the wind gusts of more than 60 miles an hour. Donald trump defiant on the Campaign Trail as he suggests he will ignore any court order reigning in what he can say about his latest indictment or more specifically about the Secret Grand Jury testimony and what that means for the case and the 2024 campaign. Thats next when Andrea Mitchell reports is back in just 60 seconds. Stay with us. Youre watching msnbc. Stay with us youre watching msnbc. christina wanna know the secret ingredient to running my business . tina her. christina being all over, all at once. tina all the time. christina but my old network wasnt cutting it. And thats not good for baking. Or judging. Or writing. So, we switched to verizon, the Network Businesses rely on. With Verizon Business unlimited, i get 5g, truly unlimited data, and unlimited hotspot data. So, no matter what, im running this kitchen. vo make the switch. Its your business. Its your verizon. Former President Trump lashing out at the Special Counsels request to prevent him from revealing Secret Grand Jury testimony that is turned over to the defense in his washington, d. C. Criminal trial on the alleged conspiracy to overturn the election. How can my corrupt political opponent, crooked joe biden, put me on trial during an Election Campaign . Im sorry. I wont be able to go to iowa today or New Hampshire today because im sitting in a Courtroom On Bull [ bleep ] because his Attorney General charged me with something. [ bleep ] [ bleep ]. These latest comments come ahead of a hearing on friday where federal prosecutors and the trump Legal Defense team debated the scope of a protective order proposed by Special Counsel by the former president to the judge overseeing the 2020 election criminal case. Joining me is nbcs garrett haake, former u. S. Attorney and fbi official chuck rosenberg, former u. S. District attorney mary accord. Andrew and mary are cohosts of msnbcs prosecuting donald trump podcast i should say. Prosecutors propose protective orders. Hes saying he cant speak at all about the case when he can. Its just protecting the grand jury testimony. Hearing what a New Hampshire crowd responding to his call with bs, bs. Thats a new Campaign Refrain i guess. I guess the 2023 version of build the wall i suppose. The former president is conflating the protective order, hes already under one in new york. Theres going to be a hearing on friday about one in the Special Counsels case with a broader gag order which has not been imposed in either case. The political upshot of what hes trying to do is say his right to make political arguments about this case which he believes is purely political is being curtailed. As you rightly point out, a protective order will prevent him from talking about specific elements of evidence produced in discovery, something the government lawyers are giving to his lawyers thats not already been made public. Particularly in the new case related to Election Interference and january 6th, pretty much everything we know about this case has already been made public, either in the second impeachment or the January 6th Committee. Its hard for me to imagine theres much donald trump wants to say about any particular issue or any particular figure caught up in that investigation that has not already been made public in some form. His complaints are designed to kind of rally his base to get them behind him in this idea hes being further targeted, further revented from somehow speaking his mind on this issue. Andrew, i know hes out on bail and technically there are penalties if he does violate the order and continues threatening the judge, the prosecutor. Hes the former president and hes running for praets. How does a federal judge impose any kind of penalty aside from jailing a former president for speaking out, especially in this Political Climate . I think she wont be thinking about the Political Climate. Its true she will be weighing these First Amendment issues about his commenting on the merits of the indictment, as garrett said. This is about not threatening witnesses, identifying witnesses, denigraing witnesses, all of that is prohibited. The judge can do a number of things. The most draconian thing, if he continues, is to jail him. There are all sort of things that can be done in terms of restricting what he can say, having it reviewed by counsel before something goes out, fining him if it continues. That is, its basically incremental punishment. The judge in terms of what weve seen so far seems very on top of this case and is not taking any nonsense. I think shes just going to craft what is a really standard thing which is a protective order. As garrett mentioned, there already is one in the maralago case, there is one in the new york case. This is not terribly controversial to basically protect witnesses and the sort of very sensitive material thats in the discovery. Chuck rosenberg, i heard you say you rarely prosecuted a case without a protective order. Usually the defense agrees with it, even during arraignment. In this case when the president is framing it as Freedom Of Speech where the Defense Lawyer was on five sunday shows framing it as Freedom Of Speech, how do you counteract that . How does a judge do that . She doesnt have the way of politics, she shouldnt. Thats the atmosphere. One thought that comes to mind, is there any way to restrict what he actually sees . You have to give the defense and the defendant access to all of the material. This is brady material, right . They have to be able to see what the defense what the prosecution has . Andrew laid it out succinctly, and hes right. These are standard, they are routine. But there are steps you can take to either monitor through mr. Trumps lawyers what he sees or perhaps even restrict what he sees. Let me biv you an example where that would be appropriate. If youre prosecuting somebody for in a National Security case when we prosecuted the 9 11 case in the Eastern District of virginia, the 9 11 conspirator that we charged obviously didnt have a security clearance. His lawyers did. They had access to classified information. He did not, and that remained true throughout the pretrial proceedings. Ideally you would have a defendant who acts like an adult, who takes these matters seriously and abides court orders. That may not be the case with mr. Trump. To andrews point, the judge can craft incremental measures to either punish him or restrain his use of Sensitive Information that identifies witnesses. She wont interfere with his political speech. Hes free to talk at rallies. Hes free to say whatever he wants. She can craft means to guide this Discovery Process and keep him in check. Mary mcchord, i want to play another clip from his speech in New Hampshire. It could be another preview of his defense. Then they have this crap going on i never even thought of this one. Trump didnt really believe he won the election. Listen. People that know me, thats one thing i tell you. There was never a second of any day that i didnt believe that election was rigged. So do you think they can disprove this, that they already put out in the indictment . Well, i would say, you know, i think the indictment does a really good job in every single section of explaining how many people told mr. Trump repeatedly that there was no evidence of any fraud that would have been outcome determinative after the 2020 election, not in any of the swing states, not in any of the places where he claimed that dead people had voted and ballots had been counted multiple times. This advice came from not only his own Attorney General, his own department of justice, his own white House Counsel, his highlevel president ial advisers, but it also came from republicans in the states where he was putting pressure on State Officials to find the votes that he needed, or to overturn the results of their state elections. So i think the indictment goes through pains to point out it would have been utterly unreasonable for mr. Trump to actually believe that he had won the election. And the question whether he really honestly believed it or not is something the jury will have to determine after they hear the evidence. The question of the he honestly believes it, thats not a complete defense to the charges in this indictment. It may impact his State Of Mind for some of them. The example that keeps getting bandied around. You cant believe youre owed money from the bank or someone, you cant go steal it because you believe youre owed it. Theres a lot at play here with this indictment. I see you nodding your ascent, andrew. Clearly you have to prove intent, but thats not whether or not he believed it or had reason to believe it. He also cant reasonably argue that he was doing it on advice of attorney because of John Eastmans memo because all of his white House Counsel and many others including former Attorney General bill barr told him he lost the election. The advice of counsel doesnt really apply to so many things that are charged. The one thing has to do with the power of the Vice President. Its unclear how he would get that into evidence. The advice of counsel means you reasonably relied on your counsel. The former president has a history of not caring what his lawyers say. Look at the entire maralago indictment. The lawyers were telling him not to do all the crimes that were charged. He would have a hard time showing that even if there was legal advice, that he was relying on it. Its something he may raise in court, but i dont see it prevailing. Speaking of advice of counsel. Can you update us about the memo that apparently could be very incriminating, alleged cocon spoir tore kenneth chesebro. Reporter the New York Times have gotten their hands on one of the earliest pieces of paper laying out what would become the fake electors plan and efforts to overturn the election. The memo purports to be written by kenneth chesebro, thought to be one of the coconspirators involved in the broader plant. It includes language suggesting that its author knew this plan was likely to be thrown out by the Supreme Court and had other problems with it. Its described as sort of bold but maybe not going to work, in a way that sort of pokes holes at itself even as its being thought out here. Its consistent with other evidence that weve seen that the January 6th Committee has gotten their hands on and so forth. It does appear to be kind of the early genesis of what became this broader plot. We at nbc news are very interested in getting our hands on that memo. Garrett haake, chuck rosenburg, mary mcchord, thank you. The new effort under way to boost the trust americans have in the Voting Process and safeguard our democracy. Thats coming next. Youre watching Andrea Mitchell reports on msnbc. Mitchell reports on msnbc. Astepro allergy, steroid free allergy relief that starts working in 30 minutes, while other Allergy Sprays take hours. 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One of its cochairs is former federal judge Jay Michael Luttig saying the day before the January 6th Insurrection that former Vice President mike pence could not legally block the counting of the Electoral College vote to ratify president bidens win. He also then explained why he believes donald trump remains a Clear And Present Danger to American Democracy. The former president , his allies and supporters pledge that in the president ial election of 2024, if the former president or anointed successor as the Republican Party president ial candidate were to lose that election, that they would attempt to overturn that 2024 election, but succeed in 2024 where they failed in 2020. Joining me are the two cochairs of the new aba task force group, American Democracy, former federal judge Jay Michael Luttig and former Homeland Security secretary jeh johnson. Mr. Secretary, talk to us about the goals of this task force. One is depoliticizing these elections, another is educating the public on the basics. Youre dealing with elected secretary of states and seeing how thungs can be distorted. How do you get past the politics . First, andrea, thanks for having us on. Taking on this task with judge Michael Luttig as cochair, one of the heroes, in my judgment, of january 6th has been a real honor for me. And i consider it the capstone of my career in public service. Andrea, we know now that, in fact, our democracy is frail. We like to say were the most enduring democracy in the world, and we always have peaceful transfers of power. Wu now know thats not true. There are those in public life today who would like to push us to our breaking point. Im pleased to be part of this effort. We recruited an extraordinary assemblage of Distinguished Americans to take part in this task force, not just lawyers. Retired judges like judge luttig, law school deems, republican and democratic, former president ial candidates likefiorina, Director Mark more yell, director of the National Urban league but also conservative commentators like bill kristol and over the next year will be engaging in a Listening Tour going around the country, making recommendations and issuing a report about a year from now to the aba. Everything will be on the table from the manner in which cybersecurity, social media, conventional media contribute to or detract from our democracy, the protection of Election Workers on the ground in places like georgia, michigan and arizona. But also the very manner in which we elect candidates to federal office. Its a big task that well undertake over the next year. Im pleased to undertake this with judge luttig. Judge luttig, you can see that donald trump now is the overwhelming favorite for the republican nomination, and the most recent poll, a cnn New York Times poll had the polling at 43 43 if its donald trump versus joe biden. The nation is so divided. Do you still feel his election would be a Clear And Present Danger, and he would try to overturn an election if he lost it. Thank you, andrea, for having Secretary Johnson and me on this morning. The American Democracy is the most important issue facing the country between now and 2025. And, of course, the 2024 election is an integral part of that future history of america. Lawyers actually are uniquely qualified and uniquely positioned to support and defend our democracy and our constitution and our rule of law. Lawyers take a pledge and an oath actually to support and defend the constitution of the United States against all enemies foreign, but also domestic, if not especially domestic. So this task force thats been established by the American Bar Association under the leadership of its newly elected president , mary smith, is a significant event in the history of the country. And its an honor for me as it is for Secretary Johnson to cochair this task force. The task force, andrea, is perhaps the most distinguished task force or committee that im familiar with in my lifetime in washington, d. C. Its comprised of National Leaders, and National Leaders who are eloquent and articulate about American Democracy and the threats to American Democracy. And for the past two years almost every single one of these Task Force Members have been leading the nation on this critical issue facing the country now. So thank you for having us with you. Secretary johnson, do you still believe that there is a real threat right now in our Electoral System to the survival of Democracy In America . Yes, i do, andrea. If you look at the larger picture, an alarmingly large percentage of americans believe that the 2020 election was stolen contrary to all Available Evidence and court rulings. Theres also a very large percentage of americans according to polls that believe perhaps we should try Something Else other than democracy, and there are some who apparently would be willing to resort to violence if a candidate they support is not elected. And we saw that spill over on january 6th. An important part of this Task Force Effort is going to be to remind americans that their vote counts, their vote matters, their vote is important and their vote is the essence of democracy and democracy is the root of Everything Else we enjoy in this country, frankly. I want to thank both of you. Former Homeland Security secretary jeh johnson, retired federal judge Michael Luttig. Thanks both of you for taking on an enormous task. We look forward to seeing your work. Thank you, andrea. Thank you. An impact statement. 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Try boost® high protein with 20 grams of protein for Muscle Health versus 16 grams in ensure® high protein. Boost® high protein. Now available in cinnabon® bakeryinspired flavor. Learn more at boost. Com tv due to the Special Election win in ohio is putting Abortion Rights advocates on a path to continue sweeping states with Abortion Initiatives on the ballot. Joining me is former Ohio RepublicanGovernor John Kasich. Thank you very much for being with us. Thank you, andrea. Did the party misread the electorate when it called for the Special Election in august, i think the Republican Legislature thinking there would be a very low turnout . I think two things, andrea. Of course, abortion was a big part of this. People i said all along are not in the extremes. What they dont want to do is be in the extreme area of abortion, theyre looking for moderation, both sides. Some dont want it too late, some dont want it too early, all that kind of stuff. The other issue here, andrea, this was a proposal that would have made it more difficult for people to have their say, to be able to put things on the ballot. Listen, i suffered a major defeat early on when i was governor, and the people rejected something that i thought was important and significant. I took the defeat. I listened to the people. They won, i lost. Thats okay. We move on. The idea that we were going to make it more difficult for people to put things on the ballot, it was not something i believed in. I early on said i didnt support this measure as did a number of other Republican Former statewide officeholders. Its a combination of the abortion issue, which again, i think most people believe we should be in a reasonable position, not in the extremes. I think, also, this whole business of making it more difficult for people to put things on the ballot. I happen to think its okay and good for people to put things on the ballot. This has been a law in ohio since 1912. There really wasnt any reason to change it. This coming november, were going to see abortion, legalizing marijuana, all going to be on the ballot. Well have to see what the people have to say. I know when you were governor, you vetoed i think several times fetal heartbeat measures, but you did believe in exceptions in 20 weeks and exceptions for the life of the mother, rape and incest. So you hue to that middle line as far as where you think the American Public is. I heard the republican sponsor of this saying that abortion really mobilized the turnout. Theres no question. Its an intensity issue. So when you look at turnout, a lot of it has to do with intensity, who is really fired up to get out there and vote. I think that the forces that thought that the that this was going to restrict their ability to put something on the ballot they felt was more reasonable would be a loser. So in a lot of ways, it was about abortion. Andrea, again, i think where people are is, again, stay away from the extremes and try to do something that connects with the public. To the prolifers, i think the view is, you save as many babies as you can in recognition of where people are on this issue. I think when you look at the results, youll find out it wasnt just democrats that voted against this thing. There were a number of republicans that did as well. Like i say, a lot of former statewide Ohio Republican officials came out against it. Governor taft came out against it, former Attorney Generals. I think now that theyve lost this thing, i understand some of the leaders are saying, well, we didnt have enough time or other people came out against it. No. I think what they should have said was, hey, we heard what the people have said, and well try to adjust accordingly. Former ohio Governor John Kasich, thanks very much for being with us. Thanks, andrea. The big squeeze. Later today new restrictions on American Investment in china and a new Executive Order from the president. What that means for already strained relations with china coming up. Youre watching Andrea Mitchell reports. This is msnbc. Watching andreal reports. This is msnbc. Out this yeah, so lets get it im feeling good vibes christina wanna know the secret ingredient to running my business . tina her. christina being all over, all at once. tina all the time. christina but my old network wasnt cutting it. And thats not good for baking. Or judging. Or writing. So, we switched to verizon, the Network Businesses rely on. With Verizon Business unlimited, i get 5g, truly unlimited data, and unlimited hotspot data. So, no matter what, im running this kitchen. vo make the switch. Its your business. Its your verizon. Ive spent centuries evolving with the world. Thats the nature of being the economy. Observing investors choose assets to balance risk and reward. 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Bumpadum, bumbumbumbum the president plans to issue an Executive Order this afternoon restricting u. S. Investment in some Hightech Industries in china, including quantum computing, artificial intelligence, and advanced semiconductors. Its part of an effort to stop the transfer of american dollars and expertise to beijing. It could set the stage for more restrictions on investments between the two countries. And joining me now is richard haass, president emeritus, and author of the bill of obligations, the ten habits of good citizens. Richard, welcome. How is beijing going to react to this . And how impactful do you think this is . China will see this as the latest shoe to drop of an american effort to essentially keep it down, to slow its economic growth, and the reason is, andrea, that you really cant get the about their potential application for military use or fueling the chinese economy across the board. It doesnt take place in a vacuum. It takes place in a context where u. S. chinese relations have been deteriorating pretty broadly across the board. So its obviously not going to be wellreceived in china. The president has been trying to reset the relationship. Hes eager for that longdelayed phone call that was supposed to happen in february. He said it was going to happen soon, it hasnt. Of course, the Balloon Shootdown was the precipitor of all of that. Before that the pelosi visit they were upset about taiwan. Were about to have the Vice President of taiwan coming through the United States, and thats going to set off another round. There have been aggressive actions, chinese, you know, partnering with russian warships, you know, approaching alaska. All of this. At this point, why do you think the administration is doing this rather than, you know, worrying about Secretary Raimondo about to go to china supposedly . I think theyre caught, and theres a dilemma here. The administration wants to set what the president calls a floor under u. S. chinese relations. This is a relationship looking for almost looking for a rationale. Are there things we can avoid . For example, you want to avoid conflict over taiwan. Are there potential areas we can cooperate . Weve obviously failed to cooperate on north korea. Were not doing much of anything on climate change. Maybe, just maybe down the road, we can find some limited ways to Work Together in ending the war between russia and ukraine. But again, the economic area is really difficult, andrea. Secretary of the Treasury Janet Yellen talks about a high fence and a small yard, and the idea is to put really strong controls on a limited amount of technology. The problem for the administration is the area of controls keeps growing. We still havent gotten rid of some of the basic tariffs that were put into place against china by the previous administration, by the trump administration, and theyre caught. They dont want to look weak on china domestically. They want to try to create a new phase of the relationship, but the details keep getting in the way. And they are hoping that president xi is going to come here to San Francisco for, you know, a summit meeting, not a bilateral, but theyll obviously have a one on one meeting and be here in the United States in the fall. Yeah, november on the margins of the socalled apec summit. I think thats important. Youve had the meeting with the secretary of state. Youve had the treasury secretary, Henry Kissinger has been over there. Even bill gates has been over there. Chinas run by xi jinping, the president of this country has enormous latitude. Theres no substitute for the two individuals at the top meeting. On the other hand, i think its wildly unrealistic to expect or predict any breakthroughs. This is just a very difficult era in u. S. china relations, and i think we have to accept that. Richard haass, thank you very much, and that does it for this edition of Andrea Mitchell reports. 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Plus, paradise going up in flames as wildfires ravage the lush landscapes of hawaii. Authorities telling stories of tourists having to jump into the water to escape the smoke and fire. So whats causing it and how bad could things get . And an unelected Democratic State prosecutor and an elected state democratic prosecutor in florida calls ron desantis a weak dictator after he suspends