fourth indictment of donald trump. the former president and 18 others are now facing racketeering charges in georgia's 2020 election case. we will have in-depth analysis on the sprawling indictment straight ahead. meanwhile, donald trump is once again using his legal troubles to raise money from his supporters. we'll have more on that and his response to the historic charges. plus the reaction from both sides of the aisle here in washington. not surprisingly the majority of the republican party is showing no signs of moving away from donald trump. good morning, and welcome to "way too early" on this tuesday, august 15th, a historic morning. i'm jonathan lemire. thanks for starting your day with us. we will get right to the extraordinary headline. for the fourth time in as many months donald j. trump, the former president of the united states, is facing another criminal indictment. the latest charges came late last night from fulton county, georgia, where trump is 18 others were named in a sweeping 41-count indictment targeting alleged attempts to overturn georgia's 2020 election results. for the second time in the past two weeks that trump has been charged in trying to interfere in a fair and free election. fulton county district attorney fani willis announced the charges just before midnight. >> every individual charged in the indictment is charged with one count of violating georgia's racketeer, influenced, and corrupt organizations act through participation in a criminal enterprise in fulton county, georgia, and elsewhere to accomplish the illegal goal of allowing donald j. trump to seize the presidential term of office beginning on january 20, 2021. i make decisions in this office based on the facts and the law. the law is completely nonpartisan. that's how decisions are made in every case. to date this office has indicted sibs i've been sitting as a district over 12,000 cases. this is another rico indictment. we follow the same process. we look at the facts, we look at the law, and we bring charges. >> the indictment charged under georgia's anti-racketeering law, accusing the former president and his allies of running a criminal organization. they, quote, knowingly and willfully joined a conspiracy to unlawfully change the outcome of the election in favor of trump. the district attorney said she would give all defendants until august 25th to turn themselves in and would push to go to trial within six months, which of course would place us right in the heart of the republican presidential primary season. trump has denied all the charges against him claiming they're part of a politically motivated witch hunt intending to keep hem from being re-elected again. the indictment charges trump with 13 felony counts. they are in violation of the georgia racketeering, influence, and corrupt organizations act which is known as rico. three counts of solicitation of violation of oath by a public officer. two counts of conspiracy to commit false statements in writings. two counts of conspiracy to commit forgery in the first degree. two counts of false statements in writings. conspiracy to commit impurse impurseinating a public officer, conspiracy to create false documents and filing false documents. an indictment breathtaking. in addition to the former president many of his allies seen and around georgia after the 2020 election were also charged with various crimes including trump's former personal attorneys, rudy giuliani, and john eastman. what a fall off for giuliani once known as america's mayor. other charges including former white house chief of staff mark meadows, former just department official jeffrey clark, former trump campaign attorney, kenneth chesebro and former member's trump's 2020 legal team. giuliani, eastman, clark, chesebro and powell are caulous coconspirators listed in the federal indictment of trump in that 2020 election case. now, the solicitation charges against trump and meadows center around this phone call, the infamous call from january 2, 2021, where the former president pressured the georgia secretary of state to find the exact number of votes to overturn his election loss. >> i only need 11,000 votes. fellas, i need 11,000 votes. give me a break. look, all i want to do is this. i just want to find 11,780 votes, which is one more than we have, because we won the state. there's nothing wrong with saying that, you know -- that you've recalculated. >> trump deemed that a perfect call. well, he's now charged for making numerous false statements on that call. they include claims that thousands of dead people voted in georgia, that hundreds of thousands of ballots were mysteriously dropped overnight, and that thousands of people were told ballots were already cast in their names. and joining us now one of busiest men in journalism this week political reporter for the atlanta journal constitution greg bluestein. let's start with the biggest takes aways from the inkiemt. >> you hit the tip of the iceberg there. there's so many different charges in that sweeping indictment that involves so many different people. there's so many blank faces and we're talking utbig names like rudy giuliani, john eastman, and marbling meadows. folks that even people in republican circles in georgia hardly heard of like harrison ford or misty hampton. and this shows you how sweeping that indictment was, they weren't on two many people's boards of potential suspects or potential criminal targets but now they're front and center in these charges. my initial reaction was when i saw the entire indictment was fani willis is going big. this is an indictment that stretches far and wide, mentions a number of battleground states beyond georgia. and of course there's 41 charges over 98 pages. >> it's extraordinary -- extraordinary in its scope. tell us a little bit about the racketeering law, which of course rico charge in georgia has caught. that is the headline for so many of criminal conspiracy. tell us a little bit more what this actually means as this case proceeds? >> yeah, the rico charge is modelled after a federal rico charge. it gives prosecutors here in georgia more leeway to charge suspects with criminal racketeering charges. of course, it's thought just for organized crime. it's been used in georgia in street gangs. it's being used in multiple cases right now involving gangs and other groups. it's been used by fani willis about a decade ago to bring charges against atlanta public school chooting scandal in school administrators. so this is a prosecutor in fani willis we've seen is an expert in bringing rico charges, and she's hired other experts to help bring this case against donald trump. what we see is prosecutors alleging a criminal enterprise. and not just charges but a criminal enterprise against donald trump and his 18 codefendants. >> and of course trump tried to interfere with the result of georgia because it was a battleground state, because it was so close. we have every expectation it will be again in 2024. talk to us about the political fallout, greg? some of the members of the republican state party stood up against trump in 2020 and had opposed him since, but he is at this moment anyway far away the favorite to be the gop nominee, and georgia's going to be hotly contested again. what's it going to look like in the wake of this, as this trial plays out potentially? >> yeah, the trial could begin in six months if fani willis has her way in the middle of the primary season and so right in the middle of that primary runoff, we could see this trial. georgia is a must win state. chris christie and other republicans have said it over and over again, governor brian kemp, republicans can't win the white house without winning georgia. there's still a path for democrats if georgia goes in the red column, but it's really hard to see a path if georgia goes blue, and donald trump has his struggles here, right? we've seen in 2021 and 2022 with the senate runoff and presidential race in the mid-terms, there's a significant block of middle of the road swing voters who can decide an election in 2020, help decide an election for joe biden in georgia and for rafael warnock in 2021 and 2022 we saw a ticket. we saw herschel walker, the trump endorsed football star running for u.s. senate and fall to rafael warnock. >> if trump's on the ticket next year that president biden's got a good shot at again and ends up somehow being not trump. greg, lastly and quickly, you mention the d.a. wants to do this in six months. just people you talk to how realistic is that it can move that quickly? >> we're going to start seeing motions from donald trump's legal team almost immediately trying to delay that process and trying to move it to federal court. so it might not be realistic, but you never know, we'll see. so many other trials are already on the schedule over the next few months, so donald trump has got his work cut out for him. >> we'll be really seeing a future where donald trump is shuttling from courthouse to rally site to courthouse, extraordinary moment. we've certainly never been here before. political reporter for the atlanta journal, we'll talk to you again later on "morning joe." still ahead here on "way too early" we have much, much more on this latest indictment of donald trump. we'll take a look at some of the charges that relate to two fulton county election workers who became the subject of pro-trump conspiracy theories. plus what former secretary of state hillary clinton is saying about the case and donald trump's efforts to overturn the 2020 election. those stories and a check on the weather when we come right back. e weather when we come right back. mlb chooses t-mobile for business for 5g solutions... ...to not only enhance the fan experience, but to advance how the game is played. now's the time to see what america's largest 5g network can do for your business. you know that feeling of 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(chainsaw revs) (tree crashes) (chainsaw continues) (daughter screams) let's pretend for a second that you didn't let down your entire family. what would that reality look like? well i guess i would've gotten us xfinity... and we'd have a better view. do you need mulch? what, we have a ton of mulch. welcome back. as we continue our coverage of the historic news out of georgia late last night, some of the charges in the latest indictment of donald trump relate to ruby freeman. you'll recall that she is the fulton county elections worker who became the subject of pro-trump conspiracy theories after the 2020 election. i wrote about her case in my book "the big lie" out last year. the new indictment accuses some in trump's orbit of criminal attempts to influence a witness and conspiracy to commit solicitation of false statements and writings and repeatedly calling, texas, and visiting her home after the election. freedman testified before the house january 6th committee last year along with her daughter, shea moss, but they lost all sense of safety after former president trump, rudy giuliani, and others publicly accused them of tampering with votes in georgia. >> now, i won't even introduce myself by my name anymore. i get nervous when i bump into someone i know in the grocery store who says my name. i'm worried about who's listening. i get nervous when i have to give my name for food orders. i'm always concerned who's around me. i've lost my name, and i've lost my reputation. i've lost my sense of security. >> a lot of threats, wishing death upon me, telling me that i'll be in jail with my mother and saying things like be glad it's 2020 and not 1920. >> a lot of these threats and vile comments racist in nature? >> a lot of them were racist. a lot of them were just hateful. >> both women we should underscore were officially cleared of any wrongdoing. meanwhile, hillary clinton, donald trump's 2016 opponent was on before the indictment came out. she was asked about the georgia case and trump's efforts to overturn the election, something that she warned years ago that he might try during their race in 2016. >> well, it's hard to believe. i don't feel any satisfaction. i feel great, you know, just great profound sadness that we have a former president who had been indicted for so many charges that went right to the heart of whether or not our democracy would survive. he setout to defraud the united states of america and the citizens of our nation. he used tactics of harassment, intimidation. he made threats, he and his allies, went after state officials, local officials responsible for conducting elections. the only satisfaction may be that the system is working, that all the efforts by donald trump, his allies, his enablers to try to silence the truth, to undermine democracy, have been brought into the light and justice is being pursued. still ahead here on "way too early," we'll have the latest on the search for victims in the deadly maui wildfire and the efforts to get critical aid to the survivors. we'll have that and much more on the indictment of donald trump in georgia and a check on the weather when we come right back. weatr hewhen we come right back. , and mine's unlisted. 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® bakery-inspired flavor. learn more at boost.com/tv my most important kitchen tool? my brain. so i choose neuriva plus. unlike some others, neuriva plus is a multitasker supporting 6 key indicators of brain health. to help keep me sharp. neuriva: think bigger. 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[voice vibrating] my most important kitchen tool? my brain. so i choose neuriva plus. unlike some others, neuriva plus is a multitasker supporting 6 key indicators of brain health. to help keep me sharp. neuriva: think bigger. age is just a number, and mine's unlisted. 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® bakery-inspired flavor. learn more at boost.com/tv to you?available in cinnabon® bakery-inspired flavor. you get roped in with phone offers, that bind you to a 3-year device contract. break free with t-mobile! introducing go5g plus, the first plan that always gives new and existing customers the same great device deals, and you're upgrade ready in two years versus three. right now, bring t-mobile your phone and get the amazing iphone 14 on us. trapped. free. get the amazing iphone 14 on us. trapped. free. sweet pillows of softness! get the amazing iphone this is soft! holy charmin! oh! excuse me! roll it back, everybody!! charmin ultra soft is so cushiony soft, you'll want more! but it's so absorbent, you can use less. enjoy the go with charmin. welcome back to "way too early." it is coming up on 5:30 a.m. on the east coast, 2:30 out west. big morning, folks. i'm jonathan lemire. thanks for being with us. in response to the latest indictment, donald trump, this one out of the state of georgia senate majority chuck schumer and house minority leader hakeem jeffries put out a joint statement last night writing in part this, the fourth indictment of donald trump just like the three which came before it portrays a criminal pattern by the former president. the actions taken by the fulton county district attorney reaffirms the shared belief that in america no one, not even the president, is above the law. well, in stark contrast house speaker kevin mccarthy slammed the new indictment in a social media post writing, quote, justice should be blind but biden has weaponized government against his leading political opponent to interfere in the 2020 election. now a radical d.a. in georgia is following biden's lead by attacking president trump and using it to fund raise her political career. americans see through this desperate sham. all right, joining us now for more let's bring in politics reporter at the daily beast. ursula, great to see you this morning. i guess it's not too surprising we've had two different responses here. democrats are also saying what you think, but this seems to be the line here. attack on institutions, say the whole thing is biased, throw up some smoke and what aboutism and hope voters don't care? >> that's about right. in earlier indictments they definitely were more vocal and i think on these serious the indictments there is an effort to not seem like you're politicizing it, to let the prosecutors do their job. but, republicans of course you're going to see them framing particularly conservative republicans not as much the moderates but framing the former president as a martyr, trying to stickup for him of course there is a litmus test in support for trump and the republican party. and they can't seem they're slacking on that. they have to come out and especially in the next few months as we're expecting trials to play out, prosecutions to play out, really unflattering information to come out about the president you're going to have see republicans answering on this day after day and they're trying to get ahead of it and seem like good soliers. >> let's take two buckets of republicans and first the 2024 candidates vying with trump for the gop nomination, to this point other than asa hutchinson and chris christie they've largely not crizzed trump. they've focused their attacks on the gop. do we veany expectation these georgia matters will change any of it? >> i don't see them coming across the line this would be the tipping point for those republican cop tenders to say, yeah, i'm going to be upset about this one. at the end of the day they realize the trump base is essential to whoever their ultimate republican nominee is. it's really tricky because obviously they want to differentiate themselves from the president. the president has vulnerabilities as he's going through these indictments and prosecutions, but it's a tricky line between pushing yourself away from the president and pushing yourself away from that huge trove of republican voters he holds onto. >> so far none of them have effectively figured out the balance how to do that. let's talk about another group of republicans. and you mention as you sat down today those on the hill particularly in swing districts, those who won their seat in 2020 in a district joe biden also won, those moderates and they now have to spend the next year, plus, as they're running for re-election, answering these questions each and every day about trump and his criminal matters. how do you see that playing out? >> these republicans do not want to talk about these questions. they want to talk about the economy of what they think they've done in the house and any efforts made in the senate. they want to talk about bread and butter issues in these swing districts. they're the independent and moderate voters but they are going to have to answer to those as the details play out. we learn more about the indictments just looking at the stuff we learned overnight that obviously is shocking. it's going to trickle down to these house and senate races in swing districts and swing states where republicans are going to have to answer do you condone this news about the president, what's do you think about this latest news that came out in "x" trial. and that's going to be complicated and tiring for candidates over the next year, but of course they can't turn away trump because of the same pow he has in republican primaries. we saw it in 2022 where if trump turns on you it's tough luck in a primary and potentially a general, and so candidates have to make sure they continue to hit that litmus test while not turning away the core of republican voters we'll see in swing districts. >> republicans will have to answer questions from donald trump and members of their own party. i don't envy that. politics reporter for the daily beast, great to see you this morning. we really appreciate it. still ahead here on "way too early" we're going to go live to cnbc for an early look what's driving the day on wall street. plus new signs of struggle for russia's economy as the country's currency dips to its lowest values since the early weeks of the war in ukraine. we'll have more on the indictment of donald j. trump when we come right back. indictment of donald j. trump when we come right back. age is just a number, and mine's unlisted. 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® bakery-inspired flavor. learn more at boost.com/tv feeling sluggish or weighed down? it could be a sign that your digestive system isn't at its best. metamucil gummies make it easy to get the fiber you need. promoting your digestive health for a better you. metamucil gummies. the easy way to get your daily fiber. welcome back. we'll have more on the indictment of former president trump in just a minute, but now some business news, and for that let's bring in cnbc's arabile gumede who jones us live from london. arabile, good morning. investors look ahead to some earnings results from home depot. july retail sales data also due out today. give us the sense how the market is looking in these early hours. >> yeah, so the market is pretty much flat at this point mainly unchanged, really just trying to figure out exactly where to go from here. you pointed out to that set of earnings which will be quite important, and home depot in particular is going to be quite important because post-pandemic we didn't see as many people look to actually fix up a lot of houses as well so the cost around that may have dropped off quite considerably, so you are finding perhaps home depot might become a big market mover in this trading picture, so that is actually quite interesting to really note as well. we are looking at that retail sales number as you've spoken about. the big question mark as well the remainder of the week we still have wal-mart as well as target set to release their set of earnings and also breaking news quickly as well, fitch warning they might have to downgrade a few banks this morning on quite a few worries. it does follow on from moody's having done the same not too long ago. so it does seem the banking crisis from earlier this year is beginning to impact things quite a lot right now. >> that's a trend we'll definitely keep an eye on. here's a breaking news headline that caught my eye a couple hours back. russia's ruble is now less by one cent. give us a sense what's going on. >> this is story really about inflationary impacts and of course the war finally having taken its toll on russia, at some point reaching 102 rubles to the u.s. dollar, which as you said less than 1 cent effectively for a ruble, and it's so cataclysmic. it's dropped off below that figure. it's around 98 or so, and that's off the back of the central bank raising them from 8.5% and now they're setting up 12%. let's remember the inflation issue in russia still above the 7% figure when you take a three-month basis into the equation here. they are looking for it to head back to 4% on a consistent basis, but it is still finally taking its toll. you do have a host of entities having left russia. they are still seeing exports of things like oil and other gases, but overall that economy is beginning to flounder and you can tell from just those numbers alone. >> one more for you also from overseas. china has suspended the release of its monthly unemployment data for young people. what prompted that? but before you answer i can guess, usually when you stop putting out a statistic it's because you don't like what a statistic tells you. >> 100% right. the fear is that for the month of july that things get even worse for kina so they decided to do away with that unemployment figure to perhaps not influence confidence as much, but one can tell that clearly had the undesired effect of actually making things a bit worse for wear. let's remember china has had an economic slow down. in fact, post pandemic people thought once they opened that economy would -- clearly that has not been the case actually thus far, and we are seeing quite a bit of a slow down, so that data has pointed negatively, and you are seeing exports falling 14%, so overall not doing as well as they perhaps would have wanted. on the other side, japan managing to grow 6% year on year. that's better than the 2.9% that was anticipated. so mixedfertions there. >> a little bureaucratic slight of hands for a decide udly nonbureaucracy, but it does not change the facts on the ground. cnbc's arabile gumede live from london, thank you as always. still ahead here, donald trump's reaction to the indictment brought against him on racketeering charges in the state of georgia. we'll bring that to you when "way too early" returns in a moment. o you when "way too early" returns in a moment his a1c? 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it's the fastest mobile service around. with the best price for two lines of unlimited. only $30 bucks a line per month. that's hundreds in savings a year when you wave bye to the other guys. all on the most reliable 5g network nationwide. you really shouldn't walk out the front door without it. switch today at xfinitymobile.com. welcome back. as you might imagine it didn't take long for donald trump to react to the news of his latest indictment, this one out of georgia. the former president slammed d.a. fani willis writing on truth social willis was out to get him and accusing her without evidence of misconduct. trump even went onto imp ply that the grand jury vote was rigged. his legal team respond today the indictment by calling it shocking and absurd, arguing that witnesses who testified were biased. hours later the trump campaign was already sending fund-raising e-mails asking supporters for cash and issuing this statement. this marks the fourth act of election interference on behalf of the democrats in an attempt to keep the white house under crooked joe's control and jail his single greatest opponent of the 2024 election. joining us now former u.s. attorney for the northern district of alabama and now msnbc legal analyst our friend joyce vance. joyce, great to see you this morning. first, let's just get your broad take-aways from what you saw last night, late last night as this indictment was unsealed, a sprawling, sweeping indictment against donald trump and more than a dozen of his allies. >> youp i think sprawling was a great word for it, because this indictment which i'm still reading through is so comprehensive. it starts early days. it doesn't finish until 2021. that's maybe an incredible feature of this indictment that donald trump is still trying to engage in election fraud almost a year after the election has been decided, nine months after joe biden has been in office. and because willis has used the rico statute that we've all discussed so much, she's able to bring in these sweeping claims, some that occur outside her county. she's the district attorney in fulton county and some that occur outside of georgia to give a broad picture of election interference by a former president, people close to him, his lawyers but also some folks inside of georgia who went along with the plan. >> so were there any names you expected to see but were absent from the list here of indictments, and does that suggest possible cooperation? >> right, so i think that's what we're all looking for right now. i did a word search on the indictment and figured out that the phrase unindicted coconspirator occurs about 89 times in this indictment. as a prosecutor when you see unindicted coconspirator who's known to the grand jury you begin to think about someone who's cooperating with the investigation. whether there are 89 here or not remains to be seen but as you read through the acts being charged in the rico conduct it seems a key moment in this indictment willis has a voice inside the room. in kaufman county when go in to illegally access voting machines and they're unindicted coconspirators, same in this december 19th meeting in the white house, again there appears to be a cooperating witness in the room, but it really starts very early in this indictment and continues throughout it, this theme of cooperation, which has been very elusive for people investigating trump in the past both in connection with election interference but also in his business tough for prosecutors to come by cooperation at least up until charge point. >> joyce, two-parter about the idea of a protective order being issued. we know, it was implemented already in the federal case, so first part, do we think one could come in georgia as well, and, secondly, i mean, trump has been on a tirade on social media, all cap posts after all capped posts engaging in what some think is witness intimidation or meddling with the case. various judges and d.a.s, criticizing them. what consequences might he face? >> you know, look, he's in fani willis' jurisdiction right now and we all saw her last night. she is a career prosecutor. she is tough. she is no nonsense. the cover sheet of this indictment indicates that the case has been assigned to judge mcafee, a relatively new fulton county judge but has serious experience as a state and federal prosecutor. he served in a georgia inspector general's office. you know, folks who are prosecutors, their dna makes them inclined to particularly protect witnesses and i think that's where the greatest peril lies for trump, if there's any indication he's attacking witnesses in the georgia test or a quirk of georgia law the names of the grand jurors who sat in this process have all been made public, if there's any effort to retaliate against them i think we can expect willis to go to bat pretty quickly and have a judge on board. >> so many developments to follow, former u.s. attorney for the northern district of alabama, msnbc legal analyst joyce vance, we'll talk to you again in a few minutes on "morning joe." up next on "way too early," donald trump's republican allies try to draw attention away from his indictment in georgia by what else, trying to shine a spotlight on hunter biden? then coming up on "morning joe," we will have continued coverage of the staggering and sweeping charges facing former president donald trump. 19 defendants, a 41-count indictment, prosecutors now accusing trump of orchestrating a criminal enterprise. we'll get live reporting from fulton county on the latest developments there and an all-star panel of legal experts is standing by to break down what this means and the likelihood of a trial before the 2024 election. you won't want to miss it, "morning joe" in a few short minutes. of protein for muscle health versus 16 grams in ensure® high protein. boost® high protein. now available in cinnabon® bakery-inspired flavor. learn more at boost.com/tv sometimes jonah wrestles with falling asleep... ...so he takes zzzquil. the world's #1 sleep aid brand for a better night sleep. 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(vo) for a limited time get nfl sunday ticket from youtubetv on us. a $449 value. plus, get a free samsung galaxy z flip5. only on verizon. to help prevent bleeding gums. try saying 'hello gumwash' with parodontax active gum health. it kills 99% plaque bacteria. and forms an antibacterial shield. try parodontax active gum health mouthwash. my most important kitchen tool? my brain. so i choose neuriva plus. unlike some others, neuriva plus is a multitasker supporting 6 key indicators of brain health. to help keep me sharp. neuriva: think bigger. age is just a number, and mine's unlisted. 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® bakery-inspired flavor. learn more at boost.com/tv welcome back. just before the fulton county indictment was handed down ted cruz of texas was on fox news where he turned the attention back to guess who, hunter biden. >> this is disgraceful. our country is over 200 years old. we have never once indicted a former president or a candidate and a leading candidate for president and this is joe biden and this is the democrats weaponizing the justice system because they're afraid of the voters. every time more bad news comes out about hunter biden or joe biden, you can set a stop watch within hours some clown goes and indicts donald trump again. >> okay, senator. joining us jordan fabian. good to see you. you know, the hunter biden smoke shows. that's predictable, the argument they would be making here. talk to us from the white house's perspective. they'll remain silent i assume on donald trump and all his indictments. how worried are they that the hunter biden matter, this is not apples to apple, not on any ballot but to provide a distraction and talking point for them? >> they're kernel concerned. if you look at the trajectory he was on track to have a plea deal that would absolve him of serving jail time and most importantly for joe biden would resolve this legal matter before he kicks off his re-election campaign in earnest. because the deal fell apart, that prosecutor is now a special counsel. that means this case is going to last for months longer, possibly into 2024 and, you know, if hunter biden can't agree to some revised deal with the justice department, you can see a trial progressing involving the president's son as the president is asking voters to give him four more years in the white house. >> nonsensical argument. it does seem -- we know so much of the 2022 case for democrats, one voice was the democracy is at stake and that will be the case next year too, but will he be limited into how he can address that threat if he won't talk about some of these criminal matters? how do they arrange that? >> that's a great question because as you rightly point out the white house and president biden have been super careful not to talk about these allegations involving donald trump but if the thrust of hirst argument against donald trump is this guy has committed legal acts that make him unfit to serve and he goes back to charlottesville and talks about the themes all the time he'll need to thread that needle in some way and make it in an energetic way because as we've seen donald trump has been talking nonstop about these cases on social media, at his rallies, to whip up his supporters and, you know, supporters of joe biden on the other side are obviously very upset with donald trump's behavior so they'll want to hear what joe biden has to say. >> even if the president himself feels like he can't some democrats likely need to be in power to talk about it. pretty good argument to make. the other guy is going to jail so vote for our guy. on this the white house seems like they're focused on the business of governing, get the job done and create that implicit contrast. we know trump is heading to wisconsin and tomorrow he's marking the one-year anniversary of the inflation reduction act and the president getting criticism to how he's responded to wildfires out in hawaii. >> yeah, that's right. he appeared to be caught a little flat-footed when at the beach over the weekend asked by reporters to comment on the death toll, i mean, this is the deadliest wildfire outbreak and he essentially said no comment so for a politician who has prided himself on empathy and compassion, setting up that contrast with donald trump, he kind of failed to meet the moment there so, you know, i would expect there to be talking in the white house as to how the president will get out to hawaii and when and have a second bite of the apple. >> i wouldn't be surprised if we hear from them because you're right, they know they need to clean up a little bit. great stuff from jordan fabian. thank you, my friend. tank for getting up "way too early" on this busy, busy tuesday morning, a jam-packed "morning joe" starts right now. ood af good afternoon. >> good evening. >> thank you for joining us. >> donald trump was arraigned on a new york supreme court indictment. >> the citizens in the southern district of florida, here in the district of columbia. >> a fulton county grand jury returned a true bill of indictment. >> 34 felony counts of falsifying business records. >> with felony violations of our national security laws, conspiring to defraud the united states. >> criminal racketeering enterprise to overturn georgia's presidential

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