The ex president s of free speech is not absolute in his upcoming Election Interference Case. Plus, unethical and possibly eagle. Clarence thomass acceptance of luxury gifts and travel might finally force the court to take action. And breaking developments in the Georgia Election probe, excuse me. Strongest indication yet that a grand jury could indict donald trump in a matter of days. Im ayman mohyeldin, lets get started. We begin with that Breaking News out of georgia. Fulton County District attorney, fani willis, will be presenting her Election Interference Case against donald trump and his allies to a grand jury early next week. The atlanta general constitution is reporting that the timeline came into sharper focus when former georgia Lieutenant Governor jeff duncan independent journalist, george deede, separately confirmed that they can receive notifications that they will testify on tuesday. This means the public might know by tuesday whether jurors indict the ex president and others, tuesday evening, to be specific. Willis is expected to begin her presentation to grand jurors on monday. Were gonna have more on this breaking development later in the show. But we first begin with a Reality Check for the now the thrice indicted ex president. Donald trump, quote, as a criminal defendant. Hes gonna have restrictions like any other criminal defendant. Those were the words of judge tanya chutkan. The federal judge overseeing special counsel jack smiths Election Interference Case against trump, and in hearing yesterday that she rejected trumps request to be able to speak more broadly and publicly about the investigation. In a new Protective Order, chutkan limited the ex president and attorneys from publicly discussing, any, quote, sensitive material that includes, quote, any personally identified information concerning witnesses. Information that had emerged from a grand jury. And any materials turned over from other government entities. During that hearing, trumps legal team argued that too strict of a Protective Order would stifle the candidates constitutional rights. But judge chutkan, well, she basically shot that down. Quote, mr. Trump, like every american has a First Amendment right to free speech. But that right is not absolute. It is an early blow to what is expected to be the centuries of trumps defense in the trial. Since this lays indictments dropped in june, rather well its kind of making the rounds. Theyve been arguing that the governments entire case is simply nothing more than a brazen attack on trumps First Amendment political speech. This is a free speech killing indictment. Killing free speech, thats what it is. Criminalizing speech for this reason. What the president saw in the 2020 election was all these irregularities going on. He had every right to comment on that and act politically. You are entitled to question whether it was honest about. That was the uniqueness of the First Amendment. That is the uniqueness of america. But you know what . You shouldnt be prosecuted for your thoughts. Yeah, so heres the thing with that, according to legal experts, thats not actually a defense that will hold any water. Legal experts say that there is little legal merit to that argument, particularly since the breadth of steps taken by the ex president and his allies to overturn the election transformed mere speech into action. Trump isnt being indicted for what he said about the 2020 election. Hes actually being indicted for what he did, allegedly engaging in a criminal conspiracy to overturn the will of american voters. Trumps First Amendment fallacy isnt just a shaky defense in the courtroom, there is actually a growing risk that his refusal to remain silent could derail Candidate Trump and all of this could be before it even gets to hit the Campaign Trail in earnest. Earlier this week prosecutors from the special counsels office put forward a proposed trial date, landing on january 2nd. However, during fridays hearing, judge chutkan cautioned that the more either party makes, quote, inflammatory statements about the case, the greater the urgency and the speed of the trial date. The judge warned that even, quote, arguably ambiguous statements could be construed as intimidation or harassment of potential witnesses. Judge chutkan ended the hearing with this promise, quote, i will take whatever measures are necessary to safeguard the integrity of the case. So there you have it, plain and simple. Judge chutkan has laid it out in black and white. The exact parameters by which trump must abide. Which leaves us with this question. Will the ex president actually listen . Will the Judges Warnings fall on deaf ears . Right now donald trump is playing with fire. And with every new speech or social media post he makes, he runs a risk of getting burned. Lets bring in my panel for the evening, Jennifer Taub is a professor at western new England University school of law. Shes the author of big dirty money. Molly jongfast is a Special Correspondent for vanity fair and the host of fast politics podcast Bloomberg Opinion and msnbc political analyst. This evening, jennifer, ill start with you. Our own lucy reuben was inside that courtroom yesterday. She noted that the judge chutkan used the Trump LawyersMarkup Of The Protection Order us as the baseline of the document for the Hearing Making mostly opportunists based on their proposed added s. And this order isnt nearly as restrictive as the government had hoped. But how do you view the results. Is this a win for team trump or not . I dont see it as a win for team trump. What this is is a fair and balanced Protective Order which is designed to make sure that donald trump cant intimidate witnesses. And i expect that he will have trouble following guidance here. Because i think he is going to take notes, i think hes gonna write down personally identifying information. And i think it is gonna be very hard for him not to attack the key witnesses when he is on the Campaign Trail. And then i think judge chutkan is going to have to find a way to enforce it, and i think he is already hinted about what her remedy will be. Molly, there are two courts that this trial is taking place in. One is the actual court itself, d. C. The other is the court of Public Opinion. I mentioned that legal experts view trumps First Amendment defense when it comes to his election interference efforts. They pretty much dismissed that they know it is not really a legal argument. But with that argument play in court of Public Opinion . So i think its interesting, because you are seeing trump world they have decided they are gonna work the raps. Theyre gonna try to get the base excited, they are gonna say that this is not a case. Theyre running against me. They are running to hurt me. Not a legal case, but really a political case. And i think that that is going to run counter to what the judge is ordering. But i do think you are going to have a problem where it may end up being that the judge youre not gonna lock him up, you cant lock him up. Theres no mechanism for a case like this against the political candidate running for president. I think shes gonna get into some trouble there. Yeah, its either the shess boxed herself in, i mean not yet, but obviously the doors open if you wanted to take severe measures against trump. We saw a little bit, they approved a clause that the Protective Order prevents trump from having access to Electronic Devices while reviewing this discovery documents. That came after one federal prosecutor told the judge that trump, quote, has shown a tendency to hold on to material which he should not. How do you think the ex president will react these restrictions . What are the chances that he gets reprimanded Going Forward . As jenn said, i think he will completely ignore them. Donald trump is a 77 year old man who has been squarely in The Public Eye for about five decades. And he said whatever he wants to say, whereever he wants to say it. The difference now is that he is a target of a very robust federal investigation. Criminal investigation. He has never encountered before. He hasnt been in this situation before. And the sort of mythos that has developed around him that he has nine legal lives, and you can escape the long arm of the law. The reality is that this is new territory, and is untested. But he isnt actually gonna fall back on his own tricks. To try to poison the publics view of the court system, of prosecutors, and essentially of the rule of law. Once an insurrectionist, always an insurrectionist. In terms of, you know, the judge. I dont think that she she is exercising her proper duties as a judge. I dont think she is boxing, i would disagree with molly about boxing herself in. She has to deal with a defendant who is ignoring the rule of law and ignoring court orders. The reason those orders exist so he cant intimidate potential witnesses. Cant poison the views of potential jurors, undermining that Legal Process every time we think about the evidence and shes going to warn him many times, i do not think this is the last time she is gonna warn him. But ultimately shes gonna have to decide whether or not she puts him in jail for ignoring court order. And i dont see that as boxing yourself in. I think if push comes to shove, she should put him in jail. All right, just to be clear, that was me who made that comment that she might be boxing herself in. And i totally appreciate you, you know, having a different opinion. But what could she possibly do, jennifer . I mean, lets say trump does file this Protective Order by discussing sensitive material in public or making inflammatory statements about being a witness. She has promised to take whatever measures are necessary to protect the integrity of the process. Proceedings. But to mollys point here, he is the front runner of the Republican Party, and yet she still has to abide by the rule of law to make sure that he is not treated any differently. So could we potentially see donald trump breaking these rules and ending up in jail . So she hinted, or she always explicitly said, here is what im gonna do. If this information gets out there, and taints the jury pool or undermines integrity of these proceedings, he will speed up the trial. Now, i dont know if that is her way of saying, hey, i hope you stay quiet. Because we are coming back here on the 20th to set a trial date. Or if she would actually be willing to, you know, if the date were set, lets say january 2nd she would be willing to say, no, were gonna go sooner. Im not sure. I agree that right now, it looks like he cant and wont comply. But i think we have got a couple of weeks to see. I also agree that it will be similar to judge kaplan in terms of escalating before she gets to the point of incarcerating, just like he did with Sam Bankmanfried yesterday. Earlier today the ex president was on the Campaign Trail in iowa doubling down on his election lies once again. Watch this. You know, we did great in 2016, we won, we did much better in 2020, the election was rigged. So well be back and will be taking any chances. Will be up over the country. Over 50 points, thats a lot. But we dont want to take any chances. Well be back. So as i was saying, there is an interesting dilemma here. I mean, if the judge does sign off on the prosecutors proposal date for this trial, january 2nd, it could affect his ability to campaign ahead of the states caucuses, which are scheduled right now for january the 15th. How do you think the trial will play generally, will it disrupt trumps campaign. Is this going to have an actual Material Impact on his ability to campaign . Even if it doesnt necessarily impact his standing with voters . , right and this is just one of many. Right . I mean, there is the federal this is the second federal one state indictment, and another one probably coming next week. So yeah, i mean, look, he is going to play this politically. It has worked with the gop base so far. The other candidate, you know, with the person who was his sort of competition, what, 30, 40 points behind him . I mean, he can barely get 20 points. We know, barely come in at 20 points desantis. And so i do think ultimately that it has been quite, you know, it has been quite good for trump. He has used these indictments to sort of Make A Case Against against biden as opposed to what they really are, which is, you know, him being held accountable for things he did when he was in office. I do think that, this is gonna be hugely expensive. This is largely time consuming, people, you know, to have four of these going at once while running for president and being 77 years old, its quite a lot. But again, you know, you you count trump out of your own peril, think he is really a danger, and i think he is quite smart and weaponizing things that hes done and making them seem like theyre about joe biden its a problem. To mollys point him, what about his rivals. I mean, as this race heats up, more indictments against the frontrunner appear to be piling up. Do you see the tide turning . Do you see anyone finally besides Asa Hutchison or Chris Christie actually taking the gloves off and really trying to land a punch on trump over these indictments . Chris christie is already taking the gloves off. I think nobody else in the field stands a chance right now, displacing the front runner. I think he owns the gop, the gop is essentially a Hostage Video with him right now. It cannot escape him, they dont want to be with him. And they are stuck together. And desantis tried to be trump light, he wore trumpism on his sleeve. The reality is that donald trump is an unusually charismatic person. And other people in the gop cant emulate that, even if they try to emulate all of his dark arts. I was gonna say Hostage Videos exactly the best way to describe it. And who would have thought that this is where the Republican Party would be in 2023. Jennifer taub, tim obrien, thank you to the both of. You please stick around, we will catch up with you a little bit later on in the hour. 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Kenneth chesebro, a trump ally, lawyer, nbc news is a coconspirator filed the first scheme in the fake electors scheme to support the 2020 election in a previously unknown internal Campaign Memo that came to light in last weeks criminal indictment. Prosecutors are portraying that memo as a crucial length in how the trump teams efforts involve into an actual criminal conspiracy. According to a copy of the memo dated december six, 2020, which was obtained by the new york times. Chesebro outlined that plot with detailed instructions and a messaging strategy that cited the work of his former Harvard Constitutional Law Professor, laurence tribe. Professor tribe is gonna join us in just a moment. But chesebro once worked as Tribes Research assistant while he was a law student. And later helped him represent al gore during the 2000 election. The times reports that in the memo, and a previous memo drafted weeks earlier, chesebro quoted a clause from a law review article, by mr. Trump about bush v. Gore, asked for supports that only real, only real legal deadline is january the 6th. In an essay published this week on