reporting to special counsel jack smith will square off in front of a three-judge pam of the court of appeals for the d.c. circuit. at issue whether trump has immunity for conduct he undertook as president or cannot otherwise face prosecution because it would represent double jeopardy. that s the legal issue. but what s most important here is the timing. trial court judge has determined she can t move forward until this issue is resolved. she entered an order on december 13 saying trump s appeal automatically stays any further proceedings that would otherwise move the case toward trial. but that stay could be lifted after the outcome of tuesday s argument. for sure, the losing side is going to appeal to the supreme court after perhaps first asking for the first court of the appellate court to hear the matter on bond. the losing party has 90 days to ask for supreme court review. as i detailed before, smith is eager to get trump tried before the election. trump, on the other ha
the southern border lane and we ve seen demolition crews hard at work. commuters waking up extra early because i-95 collapse will cause major headaches with i-95 closed in both directions. a tanker truck carrying gasoline, caught fire under the overpass, causing a portion of i-95 to come crashing down. one vehicle is stuck under the rubble and officials are working to identify anybody caught in the collapse of as of now, no fatalities reported. the governor says it is going to be a number of months to repair one of the busiest highways in pennsylvania. retired police sergeant telling fox and friends this morning, some drove over with seconds with spare. i saw the black smoke, figured a car was on fire, not unusual. as i was driving, realized i had to go through it. i hit a bump that was essentially the road getting ready to collapse. the state police shut it down shortly ever. it was like driving off a curb is how heavy it was. pete buttigieg offering help saying, i ve
prosecutors, jack smith s investigation of the documents continues right now. this is a special, live edition of the last word. the new york times is reporting tonight that the charges include willfully retaining national defense secrets and violations of the espionage act. making false statements, and an obstruction of justice conspiracy, according people familiar with the matter. donald trump has been ordered to surrender for arrest in processing an arraignment in the federal court in miami on tuesday at three pm. here s what donald trump s lawyer said on television tonight. this is not biblically accurate, because i m not looking at a charging document, i m looking at a summary sheet. so there is language in here that might be reflecting a single, counted set of two. but i think there was a conspiracy count as well. so that means that there could be other indictments. have you been told that anyone else is indicted here? we went advised of anyone else being indicted.
quoting now, he is not qualified to hold the office of the president under section three of the 14th amendment, period. she joins us momentarily. this comes on the day in which the former president was temporarily back on colorado s ballot pending supreme court decision. cnn s katelyn polantz joins us now with this breaking news out of maine. what can you tell us about this decision, kaitlan? john, there is a lot of meat towards secretary of state china bellow wrote from maine today in her ruling. one, january six was an insurrection. she made that finding, two, donald trump engaged in that insurrection. three, that means he is not qualified to be on the primary ballot in maine. four, she found that it is her responsibility to make these decisions. so, putting that all together, this came because of voters had asked her to look at this, to make a ruling under the way that the state lays out. she can as the secretary of state to determine whether people are eligible for the
types. the never-ending courtship of the far-right maga caucus. dan pfeiffer, claire mccaskill, thank you both for closing it out on this big, historic night of news. that does it for our show, we will see you again tomorrow. now, it is time for the last word with lawrence o donnell. good evening, lawrence. r good evening, alex. we re gonna continue covering what we re obviously gonna be covering for quite awhile. thank you, alex. i ll be watching. the criminal case of the united states of america, versus donald j trump, is underway tonight. in florida. where a sealed indictment has charged the former president the seven count indictment. the new york times is reporting tonight that the charges include willfully retaining national defense secrets and violations of the espionage act. making false statements, and an obstruction of justice conspiracy, according people familiar with the matter. donald trump has been ordered to surrender for arrest in processing an arraign