Diamond in tel outfront next Breaking News tonight, a new indictment for donald trump. Special counsel jack smith with a brand new filing just coming out tonight before a major sure. Deadline, changing the legal seen tonight. Trump white house attorney ty cobb is outfront and more Breaking News this hour, harris and walz announced their first joint interview here on cnn so whats going to happen . Plucked at rfk junior commit a felony . Kennedys daughters, as he once beheaded a whale driving it from massachusetts to new york on the roof of a minivan environmentalist are saying he broke the law, a bizarre tale. Lets go outfront good evening. Im erin burnett, outfront tonight. The Breaking News, a new indictment for donald j. Trump in a total surprise to trump, apparently he was given absolutely no warning Special Counsel jack smith filed this. This is the new indictment and now all in its 36 pages it indict trump for january 6. So you might when you hear me say that be a surprise, does trump thinking, didnt the Supreme Court say that trump had immunity and shoot this entire case down . Went into the garbage. Well, yes. Except in this indictment, smith says its going to hold up to the Supreme Courts immunity ruling. It is not as long. Okay. Like i mentioned, 36 pages, the original indictment that smith had filed that fell to the Immunity Decision from the Supreme Court was 45 pages but 36 pages is still a lot in this smiths stands by the four original crucial counts that trump faced, which include Conspiracy To Defraud the united states. So this is crucial to emphasize those four core charges are still there just to make the significance clear, we looked it up in the maximum Prison Sentence of those four counts combined the maximum is 55 years in prison. Ruling that makes it clear what smith says. Well hold under the Supreme Courts Immunity Decision 55 years. So to bolster his claim that this revised indictment holds and is consistent with that Supreme Court ruling granting broad immunity to president s smith added new sections to try to show that trumps acts on january 6 were unofficial. On official is the crucial word that the Supreme Court used to say to say that unofficial acts of a sitting president can be prosecuted. So smith went back, looked at it and said, all right, im going to show you how these counts that could send someone to prison for 55 years were an official in one new section. He does that by writing quote throughout the conspiracies, although the defendants sometimes used his twitter account to communicate with the public as president about official actions and policies. He also regularly used it for personal purposes including to spread knowingly false claims of election fraud, exhort his supporters to travel to washington, dc on january 6 pressure the Vice President and misuse his ceremonial role in the Certification Proceeding and leverage the events at the capitol on january 6 to unlawfully retain power and then at another point, smith writes, the defendant continued his lies through the day of the Certification Proceeding on january 6. That morning, the defendant gave a Campaign Speech at a privately funded privately organized political rally on the lips in washington, dc so you hear those words personal purposes, privately funded, privately organized on official acts. Evan perez is Outfront In Washington and evan, the Special Counsel, making these changes emphasizing this unofficial nature, but keeping those four charges that carry such a serious serious level of penalty if convicted. And surprise trump with this filing today thats right, erin. And look, i mean, what one of the things that the Special Counsel has been doing these last few weeks has been going through line by line. They original 45 Page Indictment and looking through the evidence, they had to try to see what it could support these four counts and they arrived at the same thing, what they did, a lot of this is editing, as you pointed out in this new indictment, which by the way, they presented to a grand jury a brand new grand jury, one that had not heard the previous the previous evidence. They made sure they went to a new grand jury to be able to say that this is not tainted by previous evidence. But what one of the things that they do here is that theyve removed all references to the Justice Department and Justice Department official, Jeffrey Clark, he is you remember the former official who donald trump at one point tried to appoint u. S. Attorney general in order to help bolster his claims of vote fraud that has gone also gone is some of this conversations with mark meadows. Again, someone who is very close to the former president. Hes a close aide and under the terms of the Supreme Court ruling that is not evidence that they could use in court. So a lot of that stuff is now gotten now, one of the big surprises in here, it will see a lot of evidence about mike pence and one of the things that you see in the editing of this new indictment is a references to him as senate president. He ceremonial role too certify the vote on january 6 and that you see is helps to bolster a couple of these counts here, which are related to the former president s role in trying to impede an official proceedings. So what the first thing now that happens after this erin is next week a test before judge tanya chutkan, shes going to hold a hearing and well see whether any of this new editing of this new indictment passes a test with her alright. And that is obviously going to be crucial, evan. Thank you. I want to go to Phil Mattingly now because youve covered trump extensively there were many who thought this might go away forever, or in large part. But this is a Surprise Filing and the foreign key charges are still there, that that would carry a combined 55 years in maximum prison time if someone were to be convicted of them. So this surprises trump today. What are you learning about . How he find out, how he found out and what hes doing right now. Yeah. Erin, surprise the legal team also surprised that Senior Political Team around the former president and whats interesting to your point, there . Ben a sense and being on the Campaign Trail with him last week, especially that this was kind of in the rearview, was not a focal point as it had been for so many months leading up to the general election of any of his Campaign Speeches, he would mention it in passing, sometimes particularly the florida case that had been dismissed, jack smiths classified documents case, but it was not central despite the fact his rally goers, his supporters are very much behind him on this issue that seems like its likely to change in the weeks ahead is one trump adviser, close associate told me we have a playbook for this. Its not necessarily a playbook. They wanted to discover, but its certainly one they found to be quite effective during the republican primary win, the former president s steamrolled his republican opponents im really kind of found himself at the height of power within the Republican Party, despite this being the third time he has been the nominee. And weve already seen some of that Playbook Rollout. You saw the former president respond on social media at length at one point and then a stream of responses since then, weve also seen the Campaign Already blast out a Fund Raising Request that says, i will quote, Never Surrender very similar language to what we saw throughout his legal issues earlier in the year. And thats important right now, particularly given his hern opponent has raised more than half 1 since joe biden dropped out of the race. Now should note the former president says that this is something thats being driven by the violence this president Kamala Harris. Theres no evidence of that, just as there was never any evidence that joe biden was driving these cases. But once again, it is similar language, similar framing, and a similar effort to elevate something that for most politicians would be a significant problem. The Real Question going forward, this will likely be a focal point of some of those Campaign Trail remarks in the weeks ahead, willing he make appearances at the courthouse. Will the rest of the Playbook Rollout as it had before . Thats an open question, but certainly weve seen a lot of this before. We certainly have and it would be amazing to see if we really did get some visibility on how successful the fundraising is. Because as you pointed, has been before and it was a real indicator of sort of his his rise and resurgence at whether that actually is still the case i feel thank you very much. And so lets go to ty cobb now, former Trump White House lawyer, ty, youve had a chance to read through these 36 pages, obviously slimmed down just a little bit, not much, nine pages fewer than the original indictment filed last year. Keeping those four key charges and and editing, emphasizing that it is in a personal private capacity under which smith has the authority to make this indictment. Did he do it . Does this indictment make a clean cut case that the acts were personal . I think it does. I think you know, some of the editing you highlighted in your intro is spot on emphasizing the private nature of many of these acts as private funding of the speech at the at the end before the capital intrusion. Pences ceremonial roll, the nongovernmental roles of the coconspirators, which they can now say categorically. Now the Jeffrey Clark is that because he was only Government Official who was actually in the original 90s, no longer in this indictment. So all the all the coconspirators were acting in their private capacity. I think this threads a needle and i if im, if im trumps lawyers, im surprised. Im im scratching my head at that because this was this was the reasonable approach to take, you. No reason to go through a series of hearings before judge chutkan enforced the task of editing the indictment on her. When you put forward a forceful case its like this and do the work for her. Alright. So then what happens . She gets this case as evan was laying out next week, what happens then and does i mean, i guess then does it eventually just go back to the Supreme Court . Where is this fast or slow from here . So itll be slow from here. Not, not merely because of the superseding indictment whatever the indictment was going to look like after it went through whatever hearings the judge chutkin is going to have that she still will have a hearing on the adequacy of this indictment yeah it does have, you know, theres a interlocutory appeal available, at least as i read this Supreme Court decision and that doesnt mean the Supreme Court has to take it if The Dc Circuit acts before in their content with whatever they do. But this is definitely, this has never happened today on course to go before the election four months. And this was never was never going to happen. But as you point out, i mean, this is a very forceful document. Its pared down every sentence is you know, crisply worded. Its a tight narrative you cant read this and not understand the crimes that trump actually committed. And you said as you pointed out 55 years is exposure that hes not going to get 55 years, but hell get six to nine on this see about that six. Okay. So you think he could get six to nine and obviously id put out 55, just swivel understand the seriousness but even six to nine i mean, for someone his age, its very pretty significant. I mean, you know him well what do you think happens from here all i know he doesnt he wont take this seriously until the final gavel comes down and jurors come back and say guilty in he actually gets sentenced but this will be a lot of delaying tactics by by his lawyers. Theyve already said its the same indictment. Clearly, its not theyve already said that this will be dismissed, should be dismissed immediately and wont be dismissed immediately and i think the people that view this as a rescue or as, you some retreat by smiths read this completely wrong this is what happens in the ordinary course if the Supreme Court takes an action that eliminates our approach that was previously available the prudent thing to do is to change course the facts havent changed. And as you pointed out, the charges havent changed, they are the same charges and there are easily proved all right. And of course, we should emphasize his evan did it was a different grand jury, so there wasnt theres no bias or prejudice by them and what they were looking at new group of people looked at a new indictment and they came to a very clear conclusion that it was but it should go ahead. All right. Ty, thank you. My pleasure. Nice to be with you. All right. You to a next. We have more Breaking News tonight. Kamala harris is going to sit for her first major interviews since biden dropped out of the race, she will be interviewed right here on cnn and she wont be alone tim walz will be with her new reporting coming into outfront that evangelical leaders are the ones who want trump to keep his mouth shut about abortion, despite that being such a top issue, were going to share with you this very important reporting. Plus, did rfk junior commit a felony when he reportedly beheaded a dead whale and drove it across state lines this is not a headline from the onion sure. Youre Holding Program to expect something look at me lets keep this data can lead to lead streaming exclusively on max why nfl players choose asleep members more than i like to sleep. Cool, and i like it warm and cozy. 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Switch today tv. Com im paula reid in washington, and this is cnn Breaking News. The first interview, Kamala Harris and tim walz Will Sit Down On thursday for their first joint interview, and it will happen right here on cnn with dana bash it is also the first major interview for harris since biden dropped out. Harris and walz trying to introduce themselves to voters, something that harris previewed today in a new ad my childhood, we were renters. My mother saved for well, over a decade to buy a home. I was a teenager when that day finally came. And i can remember so well, how excited she was doing everything we can to make it more affordable to buy a home meanwhile, harris is running mate Minnesota Governor Tim Walz obviously has been heavily leaning into his midwestern roots, and he gave a social media interview about Home Maintenance today. But whats your take . My take is the most neglected part of homeownership is the gutters gets personal for