Plus, were learning more about the failed Plea Agreement for hunter biden and the questions raised by the judge in that case. And also ahead well bring you new reporting on a private meeting between President Biden and former president obama over concerns over the 2024 election. Good morning and welcome to Way Too Early on this thursday, august 3rd. Im jonathan lemire. Weve got a big day ahead. Thanks for starting it with us. Well begin in the nations capitol where just down the street from where he was inaugurated back in 2017, the former President Donald Trump will be criminally charged today for allegedly trying to disrupt the same government he once swore an oath to protect. Around 4 00 this afternoon, trump will be arraigned in d. C. Federal court on four Felony Charges stemming from his alleged efforts to block the peaceful transition of power following his loss in the 2020 election. The charges are conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, obstruction of and attempt to obstruct an official proceeding, and then conspiracy against rights. Members of the washington, d. C. Police department among those violently attacked by Trump Supporters on january 6, 2021, could be seen setting up Security Barriers outside the courthouse last night ahead of the former president s arrival. Trump for his part is already calling for the case to be moved out of the district of columbia, claiming it will be impossible to get a fair trial in the nations capitol. On his fledgling social media site last night, trump suggested moving the proceedings to the, quote, politically unbiased state of west virginia. West virginia, though, has absolutely no connection to the new charges against the former president , and we should note he won that state in a landslide twice. Ahead of trumps first court appearance, his attorney is already offering a possible glimpse at what the former president s defense might be. Speaking to Nbcs Savannah Guthrie on the today show yesterday, john laura argued that trump was simply exercising his First Amendment right by raising concerns about the 2020 election and was adjust following the advice of his lawyers when he falsely claimed that former Vice President mike pence has the power to block the certification of the Election Result on january 6th. This is the first time that the First Amendment has been criminalized. Its the first time that a sitting president is attacking a political opponent on First Amendment grounds and basically making it criminal to state your position and to engage in political let me give a little time out on that one. Well, the indictment specifically says that the president had a First Amendment right to speech. He even had the First Amendment right to lie. It says it right here. This indictment is criminalizing conduct, not speech. What President Trump had was an actual opinion of counsel that his request to Vice President pence was completely lawful and completely constitutional. He also had many in his own white House Counsel that was not legal. Youre entitled to believe and trust advice of counsel. Welldone, savannah. During another interview on cnn last night trumps Attorney General bill barr weighed in on this latest indictment as well as trumps possible defense. As the indictment says, you know, theyre not attacking his First Amendment right. He can say whatever he wants, he can even lie, he can even tell people that the election was stolen when he knew better, but that does not protect you from entering into a conspiracy. All conspiracies involve speech. And all fraud involve speech. So, you know, free speech doesnt give you the right to engage in a fraudulent conspiracy. Is it a credible defense to say he was just listening to john eastman . I dont think that dog is going to hunt, as you say. First, as the people who had some knowledge whether or not there was fraud, everyone was telling him that the election was not stolen by fraud. And then as for the issue of what he could do legally at that point, he went through all the he wouldnt listen to all the lawyers in the department who in various departments or the white house who had the responsibilities or his campaign. He would search for a lawyer who would give him the advice he wanted, but im not even sure you would characterize what eastman said as advice. I dont think his defense of advice of counsel is going to go forward, but i think the president would have to get on the stand or subject himself to crossexamination in order to raise that, and hed also have to waive attorneyclient privilege. And what would happen if he got on the stand . I think look, it would not come out very well for him. You think it would hurt him . Oh, yes. Yes. Not mincing words there. Joining us now State Attorney for paul beach county, dave, aaronburg. Lets start with that opinion from bill barr. He weighed in on the charges. If this case does indeed go to trial we think some time next year, what are the chances we see someone like bill barr and other trump appointed former officials, could be former cabinet members sitting across the courtroom from their former boss testifying against him . Good morning, jonathan. I think its very likely the way to show trumps corrupt attempt is either through trumps own words or what he was told. Theres not a lot in the indictment of trumps own words but there is a lot of what he was told. Told by top officials, even republicans. John eastman said its okay and sydney powell said its okay and Rudy Giuliani said its okay. Well, two of those are considered part of team crazy and eastman even admitted in private meetings his theories were at best untested and at worst totally unconstitutional. He doesnt have as many great defenses. As bill barr said if trump want to go down that road and say its a Counsel Defense or i have First Amendment protection, hes got to testify and take the stand and thats walking into a perjury trap. I think jack smith has the former president into a bit of a trick bag here. Yeah, no question trumps best defense would require him to be on the stand. We know how thats gone in the past. Lets talk about trumps calender is obviously filling up quickly, and we should never lose sight of the fact all these Legal Proceedings come in the backdrop of the campaign as im sure hes going to be moving rally site to rally site next year. Whats your best sequencing of these trials . We know about the one in new york. We can only speculate about the one in georgia. We have the two federal cases, classified documents and now this one on attempts to overturn the election. What do you think that counter is going to look like . In a recent interview alvin bragg, the d. A. In manhattan said hed be willing to step aside for the fed. If the feds want to take a case for us we let them. If they want to go first we let them. Jack smith wants this case to be first. You know how i know that . Its because donald trump was the only one charged in this indictment. There are six other unindicted coconspirators. Make no mistake their day of reckoning is coming. But jack smith wants this case to go first, and i think it will because its in the d. C. Circuit where you have an experienced judge, judge chutkan who will have zerotolerance at trumps attempts at delay. Meanwhile youve got judge cannon who i think Will Grant Trump his many request for delays, and i think the Documents Case will go after the election. I think this case will go first and then i think youll see the state cases and i think youll see after the election the Documents Case. The Documents Case for now set for may, but as you said real chance that could slide. Last one and quickly, were already hearing from trumps team about pushing for a change of venue. Theyre suggesting the Deep Red State of west virginia. What do you think of this argument . Are there chances we move out of d. C. . And if so, where . No i dont think its funny trump says we should move it to a neutral site like west virginia, perhaps we should have a neutral judge like judge aileen. This judge has weighed in on trump before. She said that president s are not kings. You can see why trump is very nervous right now. All right, well all eyes will be on that courthouse in washington, d. C. At 4 00 today. We of course will have much more on that here on Way Too Early and all day long on msnbc. State attorney for palm beach county, thank you for joining us this morning. Still ahead here the gunman convicted of killing 11 worshippers at a Pennsylvania Synagogue back in 2018 has now been sentenced to death. Well go over what took place in the courtroom yesterday. 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Only from xfinity. Welcome back, and now to some other news making headlines. The man who killed 11 worshippers at a Pits Grg Synagogue five years ago will be formally sentenced to death today. A jury yesterday returned a unanimous decision in favor of the death penalty. Nbc news Correspondent Kathy Park has more. Reporter jurors unanimously handing down a Death Sentence for robert bowers, who carried out the worst antisemitic attack in u. S. History coming nearly two months after the jury found bower guilty for Hate Incrimes for the murders of 11 worshippers at The Tree Of Life Synagogue in 2018. Bowers hardly reacted to the verdict while survivors and Family Members of the victims say this day brings a measure of peace. I feel like a weight has been lifted and i can breathe a sigh of relief. Reporter in the same room where they waited for updates for loved ones on the day of the shooting, the group reunited again and found comfort in each other. Were all members of a club we never chose to be members of, but were all bonded for the rest of our lives. Reporter carol black survived the bloodshed by hiding behind a metal door but lost her brother in the attack. If you can sum up in one word your emotion when the verdict was read what would that be . Relief. They came to the proper decision in my opinion. Reporter bowers defense team pointed to his troubled past, but prosecutors reminded jurors of the 11 lives violently stolen nearly five years ago, replaying chilling 911 calls from inside a synagogue that day, as he gunned down worshippers. The evidence in this trial proves that the defendant acted because of white supremacist, antisemitic, and bigoted views. Turning overseas now, ukraine says its capital of kyiv was targeted by drones for the eighth consecutive evening last night and that each drone was shot down without causing any real damage. Meanwhile yesterday russia continued to target Ukrainian Port Cities and vital infrastructure again striking the city of odesa. Russia also shelled a Ukrainian Port on the river that borders romania. The ap reports there are three Ukrainian Ports in operation along that river. Russia has intensified its attacks on Ukrainian Ports seized and infrastructure since it pulled out of the black sea grain deal last week. Elsewhere, were learning new details about that failed plea deal involving President Bidens son, hunter biden. The judge in the criminal proceeding against hunter biden granted nbc news request to have the Plea Agreement be made public. The documents provide detailed accounts of the cases surrounding the criminal charges with facts agreed to by Hunter Bidens lawyers and federal prosecutors in the state of delaware. The plea deal called for hunter biden to plead guilty to two counts of failing to pay his taxes in return for prosecutors recommending a sentence of probation. A separate gun charge would have been dropped in two years if hunter biden honored the terms of whats known as a diversion agreement. But the deal ended up being scrapped at least temporarily because of questions the judge raised last week in court about the proposed agreement. Representatives for the delawareu. S. Attorneys office and hunter biden did not immediately respond to request for comment. Its not quite clear when theyll be back in court some time in the weeks ahead. Still ahead well take a look at sports, a surge on the north side of chicago. Well have the highlights for a historic win for the cubs at wriggly. Plus, well show you what happens when you put a regular person up against olympic sprinters. Its a video thats getting a lot of attention on social media. Well bring it to you straight ahead. Media. Well bring it to you straight ahead. He 13th. Now is the time to partner with our experts. Get started today with verizon business. Its your business. Its your verizon. vo Verizon Small Business days are coming. From august 7th to the 13th. Now is the time to partner with our experts. Get started today with verizon business. Its your business. Its your verizon. Center field and back some more. Hell turn, hell look. Its out of here oh, baby, on its way. Out of here. Weve got a total of 832 feet of home runs for ian last night. As chicago erased a pair of three run deficits in yet another lopsided win over the Cincinnati Reds, this one 166. The north siders with 145 runs, 36 of them scored over the last two games. The cubs are now 12 and 3 and now sit just two games back in the last column of the Milwaukee Brewers and Cincinnati Reds there in the National Legal central. New york yankees say that pitcher Domingo German has voluntarily entered in Patient Treatment for alcohol abuse. The team has placed german on the restricted list and the General Manager said yesterday he wont pitch again this season. German who tossed the 28th Perfect Game in Major League Baseball this summer has had trouble on and off the field since his Major League Debut six years ago. He was suspended for ten games in may after an objection for using a sticky substance on the mound and also served an 81game ban over his career over an alleged Domestic Violence incident. Meanwhile his team finally got a win. A 72 victory over the tampa bay rays. Cole notched his tenth of the season while anthony youll see here over the wall in right. New york five run third inning. The rays maintain a 1 1 2 game deficit to the boston orioles. The orioles did lose last night to it toronto blue jays. Weve been waiting all morning to bring you this, an embarrassing moment at a Track Competition in china this week has led to a suspension from a somali athletics official and