>>thets big barr laying out a flaw in the main defense that donald trump's lawyers using in the federal election case. we'll have much more from the former attorney general on trump's many, many legal issues in just a moment. meanwhile a key conspirator in the riot at the capitol could receive the longest sentence yet for the january 6th attack. and a very significant summit at camp david for president biden. we'll explain the stakes at today's meeting. good morning and welcome to "way too early" on this friday, august 18th. we made it to friday, folks. i'm jonathan lemire. thanks for starting your day with us. and we'll begin this morning with the trial date proposed by donald trump's legal team that is way, way, way in the future. in a court filing late yesterday the attorneys representing the former president in the federal election interference case against him -- that's the one out of washington -- requested that that trial begin in april of 2026. that is 2 1/2 years later than the january 2024 start date promised by special counsel jack smith earlier this month. in their filing, trump's lawyers argue that given the massive amounts of evidence they will have to review and the former president's already busy schedule for next year a 2024 or even a 2025 start date would deny trump his right to a fair trial. they also claim that prosecutors have already had a 2 1/2-year head start in preparing their own case. you can see trump's busy calender there on your screen. but on fox news yesterday trump's own former attorney general bill barr rejected those arguments. >> you don't get immunity for two years in a run-up to an election just by saying, hey, i'm a candidate, you can't. these investigations have been going on for a while. everyone knew about them even before he announced his candidacy. so if there's a chance to get it resolved before the election, it should be. >> during that same interview barr also said that both federal cases against trump are justified, and he repredicted a conviction in the classified documents case. barr added trump's legal problems are his own fault because he was warned repeatedly it could happen. but the former attorney general did not think prison time was an appropriate punishment for trump. >> i think the federal cases are legitimate. at the end of the day at the core of this thing he engaged in the case of the documents in outrageous behavior where anyone would be prosecuted. i don't of any attorney general who could walk away from it. he's being prosecuted for obstruction. two egregious instances are alleged. that should be tried. if the judge is competent that could be concluded before the summer. and the other case after the election he -- in my opinion he did cross the line. it wasn't just rough and tumble politics. he crossed the line. i resigned on december 14th because i thought at that point the state votes were certified and that was the end of the legal process. and i also didn't like the way he was spouting the big lie. i thought that was irresponsible, but he took it much further than even i expected or anyone expect. and during this time he was being told by lawyers in the white house if he kept on doing this, he would spend the rest of his life tangling with the criminal just process, and that's exactly what's happened. he shouldn't be surprised and though one else should be surprised. i think the chances are that he will be -- he will be convicted on some counts. >> do you see him doing jail time? >> i don't think that translates to jail time. >> why? >> because i think if i was attorney general and we were prosecuting, for example, on the documents case which was a righteous case i wouldn't want to see a former president in jail. i think a substantial penalty would serve the public interest but putting him in jail has too many bad collateral impact on the country. >> just hours after he was named a codefendant in the sprawling fulton county, georgia, election interference indictment former president trump promised to release a, quote, large, complex, detailed but irrefutable report on the presidential election fraud that took place in georgia. he promised to release that report at a major news conference this coming monday and claimed it would cause all charges against him to be dropped and it would be a complete exoneration. but it looks like we won't be seeing that report after all, at least not on monday. trump announced late yesterday on his truth social page that instead of releasing the report to the public his lawyers would prefer to use it in legal filings. therefore the news conference was no longer necessary. abc news and other outlets reported yesterday that trump's lawyers and advisers were actively urging him to call off the event arguing that continued claims of election fraud could hurt his case and cause more legal trouble. we should note nbc news has not confirmed that report. joining us now former litigator and msnbc legal analyst lisa rubin. lisa, great to see you as always. so let's start there with the monday news conference. it was going to be in bedminster, new jersey, now off. certainly there was concern in trump world the former president was going to get up there and either say something or show-off in whatever this report might be that would just get hemip more legal trouble. is that why -- was it the prudent thing for him to do to table that? >> it was absolutely the prudent thing for him to do to table that. i might suggest another reason why it's off the table. president trump has gone through a series of lawyers that no longer work for him. we're playing legal musical chairs when it comes to donald trump. he has some good counsel in john lauro and todd blanch. i would not be surprised and they said to him something to the effect of if you continue down this path, you will do so, sir, with other lawyers at your side. our reputations are too important to us. so, john, i think that is another element to president trump's calling this off on monday. >> yeah, it was ill-advised from moment one. let's turn back now to trump's legal team proposing a 2026 start date for his federal election interference trial. they even displayed a figure yesterday if you stacked all the paperwork together it would be as tall as the washington monument. do you think their arguments are legitimate? it is a big case but two plus years seems pretty excessive. what's your guess how the judge will rule? what's your analysis of their proposal? >> let's start with my analysis of the proposal. if you take the trial date out of the equation, their brief does make good arguments about the discovery here which is really quite sizable. i don't want to undermine or minimize the size of the discovery here. however, as our colleague andrew wiseman pointed out on twitter the way that discovery works on a criminal case is not that you sit down and flip page by page in hard copy form through paper upon paper. that's not how anybody conducts discovery. there are sophisticated computer programs and software that help people process it, subject it to search terms and the like. and so, yes they do not need some additional time beyond january to adequately prepare a defense for the former president. do they need until april 2026, absolutely not. and some of the rhetorical flourishes in their brief while entertaining certainly don't get them there, john. >> certainly there's been a sense this is case might even go first and one that could start and wrap up before voters go to the polls next november. the trump team trying to stall. lisa, lastly, we're still waiting for the details to be worked out when donald trump will surrender in fulton county, georgia. we know it will happen at the end of next week and there are apparently negotiation. how do you see this playing out? is there any chance he'll receive preferential treatment because of his status? >> i don't believe there will be and the sheriff of fulton county has indicated he'll treat all defendants alike here. when donald trump does surrender what happens when he has to make an initial appearance before the judge and negotiate conditions of his release. some of the things he continues to do in terms of his social media post and the like should be and might be factors to a judge and imposing condition of release including what his bail package looks like but also whether he can be released at all when he continues to say some rather insipdiary things, john, about witnesses and other participants in the case. >> former litigator and msnbc legal analyst, lisa rubin, thank you for joining us. still ahead on "way too early" we'll bring you the latest on search and recovery efforts across the island of maui as the death toll from that historic wildfire continues to climb. we'll also be joined by white house principle deputy press secretary olivia dalton as president biden prepares to visit hawaii on monday and hosts that major camp david summit. all that and a check on sports and weather when we come right back. n sports and weather when we come right back 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. businesses need 5g solutions today. that's why they choose t-mobile for business. mlb partners with t-mobile to not only enhance the fan experience, but to advance how the game is played. aaa relies on t-mobile's network to stay connected nationwide, so they can help get their members back on the road. and we're helping pano ai innovate, to stop the spread of wildfires. now's the time to see what america's largest 5g network can do for your business. mr. clean magic eraser powers through tough messes. so it makes it look like i spent hours cleaning, and you know i didn't. it makes my running shoe look like new! it's amazing. it's so good. it makes it look like i have magical powers. magic eraser and sheets make cleaning look easy. welcome back. as we turn to some of the morning's other top headlines. the death toll from hawaii's devastating wildfire continues to climb this morning with more than 1,000 people still unaccounted for. a team of federal investigators has been dispatched to maui to determine the exact origin of the blaze. there has been speculation the fire was caused by power lines, but there's been no defip ffb proof of that so far, anyway. meanwhile the head of maui's emergency management office is stepping down. it comes just one day after defending his decision not to sound warning sirens as wildfires swept through the town of lahaina. he argued the sirens are usually for tsunami warnings where residents are trained to seek higher ground, which in this case he believed would have brought them closer to danger. elsewhere, it's still unclear if former president donald trump will be on stage the first gop primary debate next week, this coming wednesday in milwaukee, but one long time republican operative is urging him to show up. trump posted a rant on the debate on truth social yesterday. he again implied that he would not -- that he would be a no-show, but he stopped short of actually answering the question writing in part, quote, many people are asking whether or not i'll be doing the debates. i'm the leading the runner-up whoever that may be by 50 points. people know my record, one of the best ever, so why would i debate? i'm your man. but in an interview with fox news republican political strategist carl rove argued it would be in trump's best interest to attend the republican primary debates. >> but i'd show up if i were him because this is where you get to demonstrate i am the leader and i will remain the leader. if he doesn't show up there are going to be people to say to themselves didn't he tell us -- didn't he mock joe biden for not debating and hasn't he said he's the world's greatest debater, and maybe there's something he doesn't want to talk about and doubts will begin to grow. doubts are growing. we've now got and depending on what you poll you look at, a plurality or majority of republicans who say if he's convicted of something in one of these federal suits, in one of these four lawsuits, four indimes excuse me, he's not. >> some speculation trump will try to up stage the debate perhaps even surrender to georgia authorities that day. meanwhile, the justice department is seeking 33 years in prison for ex-proud boys leader enrique tario and a top lieutenant. it would be the stiffest january 6th punishment handed down in the overall prosecution. federal prosecutors also ask for long prison terms for the other defendants in the case. tario and the three others were all convicted of sawditious conspiracy in may after a months long trial that began in february. a fifth was acquitted on seditious conspiracy but found guilty on other serious offenses. in a 155-page filing prosecutors wrote this. the defendants understood the stakes and they are embracing their role in bringing about a revolution. they unleashed a force on the capitol that was calculated to exert their political will on elected officials by force and to undo the results of a democratic election. the foot soldiers of the right aim to keep their leader in power. they failed. they are not heroes, they are criminals. until the filing the longest sentence prosecutors had asked for in a january 6th related case was the 25-year term for stewart rhodes, and the founder and leader of another far right group, the oath keepers. he was sentenced to 18 years in prison. last night's preseason game in philadelphia was overshadowed by two scary moments. we'll have an update on both players who had to be carted off the field plus the latest in major league baseball. we'll be right back. major league baseball. we'll be right back. it has long-lasting light scent, no heavy perfumes, and no dyes. finally, a light scent that lasts all day. downy light! 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(vo) learn more. it's your vision, it's your verizon. 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 down there getting it done. >> an open lane to the end zone for a touch down. >> that's eagles running back trey sermon with a 33-yard rush to the end zone capping philadelphia's opening drive in the second half with the first td of game. both starting quarterbacks for the eagles and cleveland browns sat out of the week 2 preseason kick off. here's the danger of preseason, folks, the game ended in an 18-18 tie but it was mar bide injuries. receiver tiry cleveland and the rookie defensive lineman both carted off the field with pretty scary neck injuries. you're seeing one of them now. the team said both players had movement in their extremities, that's the good news, but scary, scary stuff. four other eagles were injured in this meaningless football game. let's turn now to major league baseball. we begin in los angeles. austin barnes solo shot helped the dodgers complete a sweep in a three game series. last night's 1-0 victory marked l.a.'s 12th shutout of the season and 1th win in a row. the dodgers also extend their lead atop the nl west to 10 1/2 games over the second place san francisco giants. they have the day off. elsewhere in the nl west the arizona diamondbacks opening a four-game set in san diego with a 3-1 win over the padres. the diamondbacks move to one game out of the final playoff spot in the crowded field. meanwhile the washington nationals dealt a blow to the red sox playoff push. could not make it out of the fifth inning in the second start back from a shoulder injury. the sox lost the nats 10-7 dropping 2 of three to the last place nationals. the nats have been a better team the last couple of days. the red sox will look up to make some ground in a three-game series against the slumping yankees starting tonight in the bronx. it would make sense for the yankees to studly start playing better. i'll be at tonight's game. we should mention spain and england will face at the world cup final. that will be sunday morning. should be a great game. angie, pretty unusual storm you're tracking here. >> yes, indeed. not something we've never seen before, jonathan, but fairly rare. we're talking about hurricane hilary now a really healthy category 4 hurricane off the coast of mexico and heading northwest at 13 miles per hour. eventually it's going to head further to the north and encounter some warm-water. it's going to lose some steam and back to a tropical storm before it hits the southwestern part of the united states. we've got a tropical storm that could likely be impacting folks in southern california, the southwest desert areas and ample amounts of rain expected with this. the flooding just likely east of san diego will be fairly impressive. we've got so much moisture to tap into for that rainfall, so it'll be impressive. meanwhile speaking of rainfall we've got thunderstorms working through parts of the north east. that's going to be out of here by the time we get to later parts of our day. we'll see that lingering for parts of new england as we get into the late evening hours. and tomorrow nice forecast across parts of the eastern third of the country. we will see mainly sunshine and isolated showers out of the picture, but the heat continues for the south. i sound like a broken record when we're talking about temperatures there, but that's going to start to expand a little further to the north so the central plains will be quite warm, triple digit warm as we get into your weekend plans. >> that sounds terrible. still ahead here on "way too early," an update on the war in ukraine as the united states allows allies to send american made f-16 fighter jets to the war torn country. we'll be right back with that. 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has exclusive reporting on the hold up so far, explaining that a majority of pilots submitted by ukraine to train on the jets do not have the english skills necessary to complete the course. the west has already sort of viewed the f-16s aspert of ukraine's long-term defense, but kyiv wants to get them as quickly as possible for the fight under way. joining us now pentagon reporter for politico. laura, great to see you. you've been all over this story for politico. talk to us a bit more what went into the decision to approve the f-16s for training, and walk us through some of these delays. >> yeah, so this is a really big step and one that the european partners denmark and netherlands specifically have been waiting quite a long time for now. what happened here the u.s. has approved the transfer of training materials. so that's flight simulators. that's instruction manuals, everything that's required for the flight training to actually start for ukrainian pilots. now, one thing that the netherlands and den headquarter had been worried about was that the u.s. was not going to move quickly to expidate this, the transfer of these materials, the transfer of aircraft. another thing secretary of state antony blinken sent a written letter reassuring his dutch and danish counter parts they will expedite all their transfers, so that means the training is going to begin soon here, i'm told. but one issue is that there are 32 pilots that have been identified for the program. only eight of them have the u.s. english language skills so far that's required to start the training, reading and instruction manuals and things like that. the other 25 still have to go by a program run by the u.k. to get the english ready skills necessary to start the program. >> this comes, of course, at the pretty critical moment in the war. and there's been some reporting the last day or so that u.s. intelligence assessments think ukraine's counter offensive may fall short of its goals. give us the latest you've heard as to how the fight is going. >> right. so that is what we've heard. the latest u.s. intelligence estimates think the counter offensive is not going to reach the city of mariupol that's where they've been heading to try to cut off the russian land bridge to crimea. now, it's interesting because this is something that while the general public may not realize after last fall and the breakthroughs in kharkiv, ukraine was moving very quickly, regaining a lot of territory. it looked like ukraine was gaining a lot of territory and going to win the war, but military officials such as general milley, the chairman of the joint chief of staffs have been saying almost a year now that slow down, ukraine is going to have a tough fight ahead and look what happened. they're bouged down in this counter offensive. the front lines are 600 miles long, there are miles and miles of fields, mile of trenches the russians have laid. they're really dug in here and really only gaining territory in meters a day, so i think it's really going to be a slog. it's going to continue to be a slog, and at least until they get the abrams tanks sometime this fall and f-16s this year, i don't think we're going to see any breakthroughs in the near future. >> you have some new reporting on senator tommy tuberville and how the military blockade is still going is having an impact on not just the officer corp but impact on service members and their families. tell us about new reporting. >> yeah, first of all, the impact on the top brass, so for the first time in history three out of the eight positions on the joint chiefs of staff are filled by interim officers, and this is really a shame because monday was supposed to mark the first day that a female officer was going to be on the joint chiefs for the very first time. now that officer she's only going to be there in an interim position. she's only acting until she can get confirmed. but from the top brass down to lower ranking members in the military, this is having an impact. there are -- pentagon estimates there will be 650 senior military officers by the end of the year that will be on hold. this affects not just them but their families as well as their spouses and children. spouses maybe were anticipating a move. now they have quit their jobs they can't get a new job because they can't officially move. children can't move and enroll in their new schools or register for sports. so everyone's lives really are on hold right now. and i spoke to many family members who said their lives are in limbo because of this hold. >> still no end in sight to the senator's blockade. pentagon reporter, a lot of terrific stuff this morning. thank you for joining us. still ahead here on "way too early," we'll switch to business news. cnbc will join us with the morning's headlines as well as insight on the markets which are on a bit of a losing streak. you can see the red on the board. we'll be right back with that. we'll be 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>> it sounds like it, john. happy friday, though. sentiment has indeed taken a bit of a nosedive. we saw the dow and s&p on the session yesterday down 0.8% weaker. for the week as a whole all of these indices are down more than 2%, so it hasn't been a pretty one. but yesterday a lot of focus was on the health care sector. cbs health was down 8%. that offset some of the gains we saw in cisco. wal-mart as you talked about yesterday was also on focus at beating results. today, though, futures are mixed. it looks as though we are being setout for a risk off session, though. in terms of data not a lot to watch out for, but next week is going to be a big one. we've got the jackson hall meeting coming up going to be a summer camp for central bankers. >> summer camp for central bankers. i've never been invited. china's second largest property developer just filed for bankruptcy. tell us a little bit more about this one. >> well, this is going to be huge debt restrucker whiching exercise. evergrande has more than $3 billion in -- their issues started back in 2021. they had liquidity problems. and they're officially filing for bankruptcy. it's also what's happening up the property sector in china today. you may have heard of country garden. that's another property developer that's missed bond interest payments. we've been hearing of other property developers defaulting. it's a really big sign of some of the woes hitting that part of the market but could be quite destabilizing for the economy. many analysts have downgraded their growth for this year. >> that is a major, major story line of the chinese economy to be following in the months ahead. new york city is the latest to join a wave of states and federal agencies in banning a certain social media app from government owned devices. tell us about it. >> yeah, well, the social media app is tiktok, so new york now is following the federal government banning tiktok on government owned services. this is part of the scrutiny on tiktok the app. the concern it is owned by bite dance, a chinese company and there are concerns on privacy and data could be used by the chinese government. tiktok has sought to assure policy makers they're going to adhere to some of the privacy laws in the u.s., but that hasn't been enough for the concerns. >> cnbc's joumanna bercetche live from london, have a great weekend. thanks for being with us this morning. still ahead a first for the biden presidency. we'll have a preview of today's historic summit at camp david when we come right back. david when we come right back. 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 mr. clean magic eraser powers through tough messes. so it makes it look like i spent hours cleaning! and you know i didn't. it makes my running shoe look like new. it's amazing! wow, it makes it look like... i don't have kids at all. it's so good, it makes it look like i have magical powers! with 80% less scrubbing, mr. clean magic eraser makes cleaning easy. also available in sheets! businesses need 5g solutions today. that's why they choose t-mobile for business. mlb partners with t-mobile to not only enhance the fan experience, but to advance how the game is played. aaa relies on t-mobile's network to stay connected nationwide, so they can help get their members back on the road. and we're helping pano ai innovate, to stop the spread of wildfires. now's the time to see what america's largest 5g network can do for your business. 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. president joe biden will host the first camp david summit of his presidency today bringing together the leaders of south korea and japan to announce new steps forward in defense cooperation. the meeting reportedly will not end with a nato-style defensive pact, but all three nations are expected to publicly affirm for the first time that their security is linked. it's a historic measure. the summit comes as the threat of china and north korea are top of mind in that region. and while japan and south korea have to say the least historically struggled to maintain a relationship, the changing geopolitical landscape appears to have brought them together closer than ever before. joining us now white house principal deputy press secretary olivia dalton. olivia, good morning. thanks for being with us. let's start there. what should we expect to hear from these three leaders today at camp david? >> well, this is a historic moment. as you noted this a historic meeting, trilateral meeting between the united states, the republic of korea, and japan. it's the first time that in this administration the president is welcoming other foreign leaders to camp david for the summit, and it's actually the first time this has happened in nearly a decade, so i think that gives you a sense of what a priority that this is for the president. you know, broadly speaking he's made restoring our line-ups and partnerships around the globe a strong priority from day one, and today certainly underscores a huge milestone in that achievement. a huge mistorque diplomatic summit occurring today. >> the president on monday, olivia, has announced he'll be traveling to hawaii the survey the damage caused by that devastating fire. and i know there are concerns about not wanting to get in the way of recovery efforts, so can you give us a preview of that visit? and moreover is the president going to use this moment to speak about the dangers of climate change, which continue tuesday be blamed if not for this incident necessarily but so much of the extreme weather and fire as we've seen across the globe this summer. >> well, the president and first lady plan to travel to maui on monday to see first-hand the devastating tragedy, the devastating impacts of these wildfires on the community there. you've seen the images. we've all seen the images. they're heart breaking, and this community has been through something deeply traumatizing that will take a long time to recover from. and so monday is really about the president and the first lady going to hawaii, standing with the people of hawaii, meeting with survivors, thanking first responders, seeing the needs on the ground as we move forward and continuing to make sure that he's leading this whole of government response not just in the immediate aftermath, you know, the search and rescue of course is still under way here, but into the future. as i've said it's going to be a long road to recovery, and, you know, the president has continuously underscored we are going to be there every step of the way for the community there. and part of him being there on monday is about signaling that and signaling that the rest of america has this community's back as well. >> the president after that visit will have a weeks worth of vacation out west, and we know congress is out. and when the house returns next month they won't have much time to hammer out a budget deal to avoid a shutdown. there's been a little chatter in the last couple of days maybe a resolution to keep things open for a little longer. give us the degree of concern from the white house right now about potentially the government shutting some time in september, and what role could the president play in trying to avoid it? >> look, i think you saw over the summer this president was able to reach a bipartisan budget agreement with leadership from both parties in congress. we see no reason there should be any brinksmanship here. we see no reason for us to -- you know, we see no reason for house republicans to threaten a government shutdown. we think that these issues can be worked out, and we certainly have time to do that. i would not speculate or get into hypothesizing about a shutdown from here. i think there's plenty of time and we're continuing to work with members of both parties in congress to avoid that kind of situation. >> and olivia, lastly, a little earlier in the show we talked about the status of the ukraine counter offensive slow going in recent months. and also when congress comes back a major order of business is more funding to ukraine. the president has outlined a proposal of $24 billion worth of humanitarian et cetera assistance to ukraine. speaker mccarthy himself has said he's reluctant. talk to look, we are very fortu that over the past 18 months we've seen strong bipartisan support for ukraine, and we believe that it's critically important that that continues. we need to show not just putin, but, you know, would-be autocrats around the world that invading a sovereign nation, invading a smaller neighbor's territory, will not be unmet with action. this is about standing up for democracy. this is about freedom. this is about our commitment to continuing to provide ukrainians everything they need to continue to bravely defend their territory, and we believe that we have be -- we have every reason to believe that we can work in bipartisan fashion towards those goals in the future. as you noted, the president just made an additional supplemental funding request for ukraine to that end, and we really hope that we can work in bipartisan fashion with congress to get that done. >> it will be a busy september ahead in the building behind you. white house principal deputy press secretary olivia dalton, appreciate you coming on. thank you. we'll speak to you again soon. up next here on "way too early" an update on the republican-led house oversight committee's investigation into hunter biden, as the panel's chairman seeks unredacted documents from joe biden's time as vice president. and then, coming up on a packed "morning joe," why donald trump's attorneys say they want to delay the trial in his federal election case all the way to 2026. plus, 2024 republican presidential candidate chris christie is a guest ahead of his town hall month miami. also ahead, white house national security council spokesman john kirby will join us live from camp david to tell us more about today's key summit between president biden and the leaders of japan and south korea. 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(vo) make the switch. it's your business. it's your verizon. welcome back. as part of the house oversight committee's investigation into hunter biden, chairman james comer is asking the national archives for unredacted e-mails from president biden's time as vice president. comber argues four e-mails may have involvement about his son's business dealings in ukraine. he requested an e-mail from may 27th, 2016, the same day biden was set to speak with the then ukrainian president. hunter had been copied on the e-mail which included an attached document of vice president biden's daily schedule. as the independent points out, that e-mail was sent during planning for a biden family gathering to mark the one-year anniversary of beau biden's death. after the call, then vice president biden returned home to delaware and had no public events for the next several days. joining us now white house reporter for the "washington post" tyler page has new reporting on this matter. good to see you. house republicans are still investigating hunter biden, but a week ago the appointment of a special counsel by the department of justice. give us the latest on how hunter biden and the white house is handling this investigation now that plea deal has gone away? >> good to see you. thanks for having me. that's exactly right. this special counsel news in which u.s. attorney in delaware david weiss asked attorney general merrick garland to be elevated to special counsel status after the collapse of the plea deal, blindsided the white house. the president, his aides had no idea this was going to be happening. i think there were some speculation about what would happen after the plea deal collapsed, but this is not the situation that the president, hunter or his team were hoping for. obviously, this prolongs and makes the investigation more complex, giving the u.s. attorney in delaware broader authority to further investigate and bring to -- potentially bring to trial hunter biden, and so as the president gears up, ramps up his re-election campaign, he could see his son facing trial in the heat of that. i think it it's unclear at this point what that may look like as this investigation unfolds, but it's not a welcome sight for the president, particularly because the president and his son hunter have fully expected most of his legal troubles to sort of go away by early this summer. the arkansas paternity lawsuit was settled. they thought they had a plea agreement with the department of justice. there was excitement they would end this painful chapter for the biden family only to be reopened in a more substansive away. >> hunter biden minutes away from a plea deal before it fell apart. you mentioned the president's re-election bid slow going. summers are usually when presidents, particularly democratic presidents, do fundraising in the hamptons and martha's vineyard. this president not really doing that. although the vp has some on her schedule. tell us what we should expect from the president's re-election bid. the real events won't start until maybe january or later, but what's happening behind the scenes right now? >> behind the scenes they're sect up the infrastructure of the campaign. staff has started moving to wilmington, delaware, putting together a physical office and really building out what the operation will look like. obviously, a lot of that work has been done by the democratic national committee over the last few months in coordination with the biden team, but i think, you know, we will start to see the president hit the fundraising circuit again in the coming weeks. obviously, we saw that big sprint at the end of the last fiscal quarter as the president and vice president harris and second gentleman doug imhoff and jill biden sprinted around the country to pull in as much money as they could before the end of the quarter. we have not seen a lot of activity from the president in particular on the campaign front. aides to the president say the best thing he can do is continue to be president, show the country that he's leading and being an effective president. we'll see how much that changes once people come back from the summer, and more scrutiny comes on to the campaign in the coming months and particularly as it moves into, you know, the primary season when voters in iowa, south carolina, and nevada, new hampshire, start actually voting. >> real quick, the president not facing a credible primary challenge but you have new reporting on one democratic congressman encouraging him not to run for re-election. give us a brief sense of that. >> minnesota representative dean phillips has been vocal saying president biden should step aside, pass the torch. causing anxiety in the democratic party because it's opening these fresh conversations about the president's age, which they all acknowledge is one of his greatest liabilities. i think they're optimistic that dean phillips will not challenge the president, but it's prompting unwanted conversations in the democratic caucus. >> in a race that's expected to be close, that or a third-party challenge like cornell west even taking a few votes would all matter. great stuff as always from white house reporter from "the washington post" tyler page. thank you for joining us. thank you for getting up "way too early" with us this friday morning. "morning joe" starts right now. i resigned on d december 14th because i thought at that point the state votes were certified and that was the end of the legal frost right. >> and i also didn't like the way he was spouting the big lie. i thought that was irresponsible. he took it much further than even i expected or anyone expected, and during this time, he was being told by lawyers in the white house that if he kept on doing this, he would spend the rest of his life tangling with the criminal justice process. and that's exactly what's

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