out if they want to differentiate themselves from donald trump. the way to do that is to actually go after donald trump. that would take some courage between now and then. >> yeah, that is that wishful thinking, to expect these guys to show up with -- and nikki haley as. well alicia menendez, great to see you as always. enjoy the rest of your evening off. and we will see you tomorrow, my friend. >> thanks, ayman mohyeldin. >> good evening, and welcome to "ayman". tonight, new developments in the georgia election case. our first indication of when trump might surrender to authorities. and as trump always push to move that case to federal court, legal experts are actually saying that would be a huge mistake. one of them, former deputy attorney general -- joins us live to explain why. and, in a landmark victory, 16 young people sued the state of montana over the climate, and guess what? the planet won. i'm ayman, let's get started. but first, we want to begin with some breaking news on hurricane hilary. the national weather service forecasters are saying that that has just been downgraded. hillary is now a category two hurricane, with estimated sustained winds at a maximum of hundred ten miles per hour. rain and wind ahead of the storm are already affecting parts of county, that is the eastern part of san diego county. and riverside county, just north of imperial county. those areas could end up bearing the brunt of the storm 's rain. the very latest from the national hurricane center it continues to warn -- is likely. we are going to bring you quick updates throughout the night on the trajectory of that storm, and if we get any more news we will bring that to you as soon as possible. but switching away from hurricane hilary for a moment, and focusing tonight on some new developments and quite frankly, a new timeline in the georgia election interference case. this week, the disgraced ex president and several members of his inner circle were hit with felony charges in connection with their efforts to overturn the 2020 presidential election results in georgia. the fulton county district attorney, fani willis, says that the arrest warrant has now been issued for all defend its, which have until friday august 25th to surrender voluntarily. according to new reporting from nbc news, three senior law enforcement officials say they expect trump to surrender no earlier than this upcoming thursday. that would be the day before that deadline. arraignments are set to take place of the week of september 5th, with a proposed trial date of march 4th. that's just one day before super tuesday. news reports that attorneys for trump or expected to meet early next week with the fulton county district attorney's office, in order to negotiate the terms of the ex presidents a bond package. news of that meeting comes just after trump canceled a monday press conference, you remain remember, he was supposed to unveil so-called evidence of fraud in georgia's 2020 presidential election, setting the advice of his lawyers. though, it doesn't look like that's happening. one look at his 41 count indictment, and you can kind of understand why trump's attorneys advised him to hit the brakes on at that press conference, if you will. now, sweeping 98-page documents really give us a most competitive look at how trump and his allies basically schemed to steal the election, including the quote, criminal enterprise that they built to do so. and at the heart of willis's case is one specific georgia statute. the racketeer influence and corrupt organization, or as it is commonly known if you watch any movies or law and order episodes, rico law. it is a powerful tool that allows prosecutors to bundled together what may seem like unrelated crimes or events committed by a host of different people. if those crimes are perceived to be in support of a common goal. it's also ironically a law that helped a bolster the career of one of the co-defendants in this case, rudy giuliani. >> i do think that the work in my office and other parts of the justice department have changed the definition of the problem of crime in america. >> we're going to attack it as a business, not just as individual crime. >> we followed up with some rico cases, and at some point in the future, -- >> i was the first one to use the racketeering statute, for public corruption. >> so, the very same law that helped the former u.s. attorney for the southern district of new york lock-up mobsters and grab the national spotlight in the process, could now very well land him behind bars. that that stain sense of irony hardly applies to donald trump. former trump fixer michael cohen once said his xbox quote, used mafia type tactics to battle foes and advance his personal agenda. and i'm sure you may remember trump's so-called perfect phone call with volodymyr zelenskyy, which he then -- the president asked ukraine's leader, with a dialogue straight out of a monster movie, quote, do us a favor. so while trump has been compared to a mafia boss many times throughout this year, this week's indictment as the new yorkers susan glasser points out, marks the first time anyone has done so in a court of law. and it's this rico statute, along with several other factors unique to georgia, that really make willis's investigation perhaps the most challenging legal case for team trump. see, if the ex president doesn't take back at the white house in 2024, that job comes with a huge perk for donald trump. he has the ability to pardon himself of any federal charges. at least, that's what most scholars think, but that is still debatable. however, that power does not apply to state crimes. in georgia, unlike in many other states, there's even an added twist. it's not up to the governor of georgia to actually issue pardons, instead, that power rests with a five-person panel. to make matters even more difficult for trump, the board only considers applications for pardons beginning at least five years after an individual has completed their sentence. there's another factor that makes georgia so unique, and it's one that trump may not like. transparency in the courtroom. state law requires that cameras be allowed in judicial proceedings with a judges approval. and that means that over the next few months, americans from coast to coast could have the opportunity to tune in as the sprawling conspiracy case unfolds live on tv. so, if donald trump can attempt to run both for president and from his legal woes, this latest indictment in georgia proves there may be nowhere left for him to hide. here to discuss all of this, david henderson, civil rights attorney and -- greg bluestein, political reporter for the atlanta journal-constitution. he's also a political contributor. and michelle goldberg, columnist for the new york times and it and msnbc political analyst. all three great friends of the show, great to have you back. it's quite the week, both politically and legally. we'll start with the legal stuff. david, breakdown for us how rico was used for this, and why the use of the statute could make this case the ex presidents force indictment, and by some assessment, the most damaging one. >> i do think this is the most damaging one. i think the primary reason is because of fani willis herself. and i say this because she is going after former president trump the way that prosecutors typically go after defend. it basically says for the good of the country, we have fully in fulton county, if you create a criminal enterprise and you're stealing, i don't care if it's stealing test scores for teachers, i don't care if it's a gangs involved in violent activity, if you're trying to steal an election, i am coming after you. and it's almost like having all six infinity stones, because it gives her an incredible amount of power inside the courtroom. -- the january six proceedings, and if your lawyer like me, you're thinking this evidence is overwhelmingly bad. but how are you going to get to talk about it all in the case. a lot of it isn't admissible. but fani willis said it best herself, the rico statute allows you to tell the jury the entire story of what happened. whereas over acts like giuliani attacking ruby freeman and shaye moss would normally be inadmissible, in a rico case, you can talk about all of it. and the reason that's important is because a jury doesn't need a good case, a jury needs a bad guy to convict. and there are an infinite number of ways that you can prove the former president trump is exactly that when this goes to trial. >> really quickly, david, how does this play out with 19 defendants? obviously the 19 or not going to be on trial at once, are they? >> well, fani willis says she intends to try them all at once. and i have to be honest with you, i've never seen a case like that before. i treat child advocacy and i never tell my students, try a case by yourself. always -- get your mom there if you have to take notes with you. that means you're talking about 19 defendants, 38 lawyers, that's 57 people. and 19 people objecting at any given point in time. but this takes me back to my original point, she's treating him like any other defendant, and her expectation is that she's going to squeeze people, people will flip, there plead, will drop out before this goes to trial, so that number will get whittled down. >> so, to david's point about the fact that fani willis is really coming at this hard with the racketeering charge, this isn't the first time she's used this expensive law in georgia. she is widely considered an expert, she's even brought on somebody who's even more of an expert or consider to be more of a rico expert. how does the d. a.'s history play into this specific case with this law? >> yeah, she's telegraphed that she would seek rico charges from the very beginning, including -- xi brought out our eco expert, but she herself is a rico expert. about a decade ago, she brought rico charges against a group of school teachers and administrators that were perpetrating an atlanta school cheating scandal. and was successful in it. so she herself has used rico charges to go after street gangs, to go after cheating teachers. and now, potentially, after the former president. so she is kind of honed this craft over the last decade, and has the expertise in office to be able to pursue these charges. >> michelle, as i mentioned, donald trump over the years has been often compared to a crime boss from people like michael cohen, from people that have observed him and the way he talks, even the way that he operates, doesn't write things down, takes a step back, other people fall for him. what does it mean for someone like trump who has spent his entire business and political career behaving, speaking like a monster, to be essentially called a mob stir in a court of law? >> i think that's why this indictment was so clarifying. and dare i even say so satisfying. because we see trump indicted obviously three times before this, but to have trump and his operation, forthrightly referred to as a criminal enterprise, which he's always run his political career as a political enterprise. he ran the white house in many ways as a criminal enterprise. but there is something of affirming after having watched this kind of avalanche of lies and corruption and scandal and a kind of an anti authoritarianism. to have somebody call it what it is has been such a relief. and i think for trump, even these -- put aside the very real possibility that he could spend the rest of his life in prison, and adjust the fact that he is going to have to sit there every day, in one courtroom after another, somebody who's never been able to sit still, somebody who kind of can't -- has no attention span, who has never been able to be undistracted for any length of time. day after day he is going to have to sit there on television probably, in the case of georgia, listening to the evidence against him. it's as if he had to sit through the january 6th hearings. and i think it's so important that the january 6th hearings, we saw the effect not just -- david spoke about a jury. but in terms of the populace. we saw the effect that the january 6th hearings had on the american population. and now we have an opportunity to recapitulate that, for people to remember just what he put this country through. >> that's such an important point as well, because he plays so much to the public audience. not specifically to the court, so it'll be important that that is counter weighted by the fact that the american people will be able to see directly for themselves the case made against donald trump. david, let me ask you just from a legal strategy here, in the doj's election interference case, trump is the only one facing charges in georgia. that is not the case, and because he cannot pardon if he is elected, or if a republican president's election in the cycle, they cannot pardon these folks. if they do get convicted. could the stiff penalties associated with rico incentivize these defendants to cooperate in this case, unlike perhaps in another case? perhaps like in the documents case, where you have walt nauta and others that are codefendants? >> absolutely. and this builds on michele's point. there are a number of different pressure points. and a federal prosecution, not the least of which, not only are you looking at time, but you are looking at time in the state ban, that tends to make people have an awareness and other types of incarceration. but i think that picture gets complex if you think about it because so far, none of these trials have gotten to trial very, very quickly. and they have taken an incredibly long time to try. the case against the teachers with the test scores such a record in georgia, lasted for eight months. they will issue here is not simply whether or not president trump, former president trump is reelected, but can he also make the argument that, look, i can't be tried in a trial that's gonna last eight months, even a year let's be realistic, while running for president. and i hate to say it. i think he has a chance to succeed with that argument. the flip side is he is running for president to raise money to pay his lawyers. if he is not reelected, i don't know how he could continue to pay these legal bills for this period of time, considering this case and all the legal battles he's fighting, however big that bill now, it's going to be eclipsed once we start to get to trial, we cause lawyers cost a whole lot more when you are in court. >> the grift continues. greg, let me ask you. look, you follow georgia politics a lot more than i do. but everybody has been following georgia politics dallas couple of years. you've got some new reporting on how brian kemp, the governor down there, another top republican official, basically pushing off calls from trump supporters to overhaul the states pardon rules unlike this indictment. i think most americans would find that to be egregious just by looking at changing the rules just for trump. but what are the ex president's supporters asking for, and how is the governor responding? >> there's such a high bar in georgia to issue a pardon. first of all, as you mentioned earlier, the governor doesn't have the direct power to avoid a board of parole's, only them who have that power. and then you serve your complete sentence and then wait five years, and be in good standing. that means that even if there was some sort of power to pardon trump here in georgia, if they are served a sentence, they have to wait five years. there are calls to review and revamp those pardons, legislation. pressed of all, it will take a constitutional amendment to make significant changes to pardons. and the governor and k state lawmakers said there's absolutely no appetite for this. there's also a separate call for a special legislative session to review this returning fani willis and potentially try to sanction her or even oust her from office. again, key republican leaders in the georgia legislation, georgia government, say they absolutely have no appetite for that either. in fact, there is a state senator who made that call to sign a petition, and as of right now, has made one lawmaker on a petition. >> michelle, i gotta ask you, you know, we were supposed to hear from trump on monday at that bland press conference where he promised to produce irrefutable evidence that the 2020 election was stolen. him and mike lindell seemed to be the only people in this country still pursuing that. the ex president has now canceled those public remarks and the release of this so-called report. why do you think he is finally taking the advice of his lawyers? and how long do you think this behavior could last? >> look, i think we saw one of his former lawyers on television saying that he is going to give the prosecutors more evidence with, you know, that this is going to be yet another over act when he shows up for his press conference. and so, i don't think we can say how long he is going to take his lawyers's advice because he is such an impulsive figure. you know, he is going to be on the debate stages. is he really going to be able to refrain from either intimidating or suggesting that some of, you know, mike pence, a probable witness against him got testified. is it really going to be able to go however many months without breaking a law or at least rubbing right up against the edge of it? he's never done that in the past. but i think the fact that he canceled this press conference, a, it's a sign that there was nothing there to begin with which was obvious. but also that he has at least momentary grasp of the seriousness of the charges against him. >> all right, michelle goldberg, greg bluestein, david henderson, thank you to three of you for starting us off tonight. greatly appreciate your time and your insights as always. ahead -- we're gonna continue the conversation with an important plea. keep donald trump's georgia case out of federal court. one of the men making that plea, former deputy u.s. attorney general donald air. he joins me live next to make this case. ♪ ♪ ♪ ♪ ♪ my frequent heartburn had me taking antacid after antacid all day long but with prilosec otc just one pill a day blocks heartburn for a full 24 hours. for one and done heartburn relief, prilosec otc. one pill a day, 24 hours, zero heartburn. when you shop wayfair, for one and done heartburn relief, prilosec otc. you get big deals for your home - every day. so big, we'll have you saying... am i a big deal? yeah you are, because it's a big deal, when you get a big deal. wayfair deals so big that you might get a big head. because with savings so real... you can get your dream sofa for half the price. wayfair. it's always a big deal. ♪ wayfair, you've got just what i need ♪ (dad) we got our subaru forester wilderness to discover all of the places that make us feel 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um, it's called commitment. could you turn down the volume? here, you can try. get way more into what your into when you stream on the xfinity 10g network. >> this week, fani willis said all 19 defendants charged with racketeering in georgia have until friday, august 25th, jp voluntary in court in fulton county rather than face arrest. but one of those defendants, mark meadows, is already asking the court to move his case to federal court. lawyers for meadows said the case should be in federal court because, quote, the conduct giving rise to the charges in the indictment all occurred during his tenure and as part of his service as chief of staff to donald trump. right after, that rudy giuliani said he would follow suit, arguing the case is qualifying for an automatic removal to federal court. and, again, it is expected that trump himself filed a similar request. my next guest, though, says the case must remain in fulton county, georgia. donald air, deputy attorney general under george h. w. bush, and the u.s. attorney under president ronald reagan has coauthored a new piece for the atlantic, arguing that taking this case to federal court, quote, would intrude on george's right and obligation to defend its own laws and choose its own presidential electors. donald ayre joins me now. mr. ayre, it's good to have you on the show. again, please, just expand on your thesis for us. why is it important for this case to remain in georgia? and what is the probability that it stays in georgia? >> thanks for having me, ayman. well, i think, we have to understand what the purpose of the removal statute is, which has been on the books for well over 100 years. the purpose of it is to protect the conduct, important conduct of federal officials and the performance of their jobs. so, the statute has been interpreted and clearly applied multiple times as limited by two sets of circumstances. first of all, the actions that are charged must in fact be taken in the course of performing your job. it's not enough that someone is in fact, as mark meadows is, a federal official. the conduct actually has to be in the course of what they call under the collar of law and in doing one's job. but the second required which also has to be satisfied is that the defendant must be alleging what they call in the statute colorable federal defenses, which is to say that they actually have to be raising issues of federal law. now, there is very good reasons in this case to believe that neither of those situations, either for mark meadows, or for rudy giuliani, or indeed for donald trump. >> there is, and correct me if i am wrong, you know, trump tried earlier this year to get his hush money payment case moved out of new york to a federal venue, which was rejected. and trump argued at the time i believe that the case belongs in federal court. the judge in that case said trump failed to show that he has a colorable federal defense to the indictment. do you anticipate a similar defense here? i mean, does what happened in manhattan with that decision apply to the georgia case? >> i think the same principles apply. but i think obviously, this is a very, very different situation. the claim in that case was really quite laughable. the idea that the president in paying hush money was somehow in the course of doing his job and has some federal defense to it, it's really kind of a silly claim. here, it is also not at all a meritorious claim. but he would at least see talk about it. so, the first question here is whether the president has any role to play with regard to overseeing the functioning of states electoral systems. and the bottom line answer is that he does not and most certainly he doesn't have a role to play in overseeing the presidential election. and obviously, not in doing the things that are specifically alleged. so with regard to that first requirement that this is under the color of law that it's actually the president or mark meadows in the course of doing their job, something that they are obligated to do as a federal official, they fail. now, with regard to the second requirement, you've got to have both in order to remove. there must be a plausible federal defense. now, what could that possibly be? what federal law, defense that you want, the theory would be you want the federal court to be deciding this federal law defense because the sort of background purpose of the statute was the worry that states might somehow interfere with the performance of federal functions. well, you know, one argument the president has made over and over again in a general way, and it's always been rejected, is basically a sweeping claim of immunity. he's not president. therefore, nobody can prosecute him for anything, for anything he did while he was president. but, again, the conduct at issue here isn't conduct that there is any plausible defense to. now, another thing he said lately is that, what his first amendment argument that he is making. and that's been roundly rejected, and really, i think, laughed at by a lot of people because the line, in fact, the indictment, jack smith submitted, filed was one that clearly said, you don't have a right to say anything you want. you don't have a right by your words or anything else to commit actual crimes. and that's a very, very clear line. so the argument that there's gonna be a first amendment defense to the specific conduct that's been alleged here, i think, is again not one that is serious, and not one that ought to provide a basis for removal. now, what is important to know is that when the supreme is interpreted will, has interpreted this statute, it has recognized sort of two sides of the coin. on the one hand, the statute really does exist to protect federal officials who in performing their jobs and up doing something that causes some harm. and that ends ends up having them being prosecuted by the state. clearly, it's an important statute in the right case. but the supreme court has also said repeatedly that there is a strong judicial policy against interfering with state criminal proceedings. and that is why they recognized and they have drawn these lines with regard to these defenses, and they need for a federal defense, and also the fact that you got to be performing your job. it's not going to be persuasive to simply come in and say, i was president, and i shouldn't have to be accountable to the state of georgia for interfering with and trying to overturn what are in that case georgians were, georgia process for handling the election. so i think, they have to be very sensitive to that important respect for the state courts. >> i was gonna say, it reminds me of that famous nixon line, when the president does it, it's not a crime. and i feel like a lot of donald trump's arguments are, when he is doing it, it's not wrong, it's not a crime because he thinks he is the president, and therefore above the law. former deputy u.s. attorney general donald ayer, always a pleasure, sir, thank you so much for coming on tonight. hoping to have you back on for more conversations like this. next, the timeline of events over just three short months that brought donald trump to this for the indictment. we're gonna break it down for ye. ♪ ♪ ♪ sounds like something. ♪when you have nausea, heartburn, indigestion♪ ♪upset stomach, diarrhea♪ pepto bismol coats and soothes for fast relief when you need it most. 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[sigh] now, powerwash gives me the power of an overnight soak in minutes. with 3 cleaning boosters... not found in traditional dish soaps that help break down, loosen and lift away food and grease... so much faster! that's why subway's proffered by this champ. and this future champ. and if we proffer it, we know you'll proffer it too. he's cocky for a nineteen year old. 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 >> fani willis's criminal indictment against donald trump and 18 others is the culmination of an investigation that has been going on for more than two and a half years. it is the most wide-ranging indictment to date. and despite how much was carried out in the public eye or, you know, has been since reported on, there is an incredible amount of information in the indictment itself that shows just how public actions, fueled even more behind the scenes screaming, and to understand and fully appreciate this moment and this indictment, we have to go back to the very start, just after election day 2020. on november 4th, one day after votes are cast, as it becomes clear that donald trump might lose the election, he delivers a speech, hinting at a constitutional crisis, and the indictment says the speech was an overall act in furtherance of the conspiracy. days after on november 11th, president biden is declared the president elect. georgia secretary of state brad raffensperger and ounces a statewide hand audit of the presidential results because of the razor-thin margin. and he says that there is no evidence of widespread voter fraud. on november 13th, media outlets project that president biden has won the state of georgia. and two days later, on november 15th, rudy giuliani one of trump's election attorneys and closest advisors leads and 83 second voice mail for unindicted coconspirator making what the indictment says are false statements about election fraud in fulton county. on november 19th, election officials complete their statewide hand audit, confirming biden's victory again and a federal judge dismisses a trump backed lawsuit seeking to block the certification of georgia's election results. and that same day, giuliani and two other lawyers charged in the case, jen alison, sydney powell, they make false statements about voter fraud in georgia and other states during a televised press conference. on november 20th, brad raffensperger certifies biden as the winner, david schaffer, the former chair of the georgia republican party sends an email that very same day seeking assistance for scott graham hall in the atlanta area bail bondsmen who was looking for election fraud on behalf of donald trump. what elects alleges this guy schaffer, like the others, knew there was no such fraud. and november 25th, sydney powell filed a lawsuit in georgia, alleging a massive anti trump conspiracy involving rigged voting machines. and, then you've got to fast forward to december 3rd. attorneys for trump make the first of three appearances before state lawmakers, making what prosecutors say are false claims about election fraud in an effort to persuade them to reject the state julie elected and qualifying presidential electors that were going to joe biden and. the summer fifth, trump calls georgia governor brian kemp urging him to order a special legislative session to overturn biden's victory, georgia's governor brian kemp rejects that. on december 6th, trump calls individual's leaders, hoping to, quote, find elected georgians willing to step across a constitutional line on his behalf. and then on december 7th, rod raffensperger recertify's bidens when, following a recount requested by trump's campaign. the final tally shows that biden won by 11,779 votes. and that's an important number to remember because the very next day on the eight, trump and others call rnc chair ronna mcdaniel to seek the organizations help to coordinate the alleged fake electors scheme. it would end up involving pro trump electors in georgia as well as six other states. they are arizona, michigan, nevada, new mexico, pennsylvania, and wisconsin. and then on december 11th, the supreme court rejects the trump backed lawsuit seeking to invalidate millions of ballots in georgia. on december 14th, members of the electoral college, they meet and they actually awarded georgia's 16 electoral votes to joe biden. and around the same time, a group of 16 trump supporters, well, they are meeting at the georgia state capital, and they are signing fake certificates, falsely claiming that donald trump, the winner of georgia's electoral votes. and that's not the case. those fake certificates are sent to the national archives and thankfully, they are eventually rejected. december 23rd, trump calls francis watson. she's the chief investigator for the georgia secretary of state's office. and he tells watson that she would find dishonesty if she scrutinizes absentee ballots in fulton county. and then on january 2nd, obviously, not pleased with his call to watson, trump makes that now infamous phone call to brad raffensperger, pressuring him to, quote, find 11,780 votes. that is one more vote then he needs to overcome biden's margin of victory. january 3rd and fourth are incredibly consequential days here. on the third, harrison floyd, the director of black voices for trump, calls and texts ruby freeman, who is a fulton county elections worker. he also calls trevian kutti, a publicity who has worked for canoeist. and the next day, cody and floyd pressure ruby freeman july. members traveled from out of state to harass freeman, to intimidate her, to solicit her to falsely allege that the election was rigged. and then later testified to the january 6th about the amount of harassment that she had to experience and endure. now, while all of that is going on, also on january the 3rd, u.s. attorney byung b j pak learns of trump's call to brad raffensperger through media accounts. he is disturbed, and later tells you a senate investigators that it was clear that trump was ignoring doj reporters on the lack of election fraud. . trump muses about firing back at an oval oval office meeting that very same day, calling him a never trumper. and on january 4th, back resigns, and then there is of course a january 6th. trump mentions georgia 20 times at that infamous rally near the white house. he cites conspiracies about alleged irregularities, and says election officials should find those votes needed to overturn biden's victory. and an angry mob then stormed the capitol, and as we know, despite the attack, joe biden's 2020 victory is eventually certified by congress. but six of george's eight house republicans, well, they vote to invalidate election results and other states. and the next day, the republican party chair, kathy latham, in rural coffee county, georgia brings the bail bondsman, scott graham all, to the county elections office to breach election equipment. latham, hall, sydney powell, and misty hampton, the county's election director, they agreed to copy software and data from the equipment, according to prosecutors. over several more days, unindicted coconspirators download that data. and then just one month later, on february 10th, fani willis launches a criminal investigation into these efforts by trump and his allies to overturn georgia's presidential election results. and this timeline is far from over, and as we mentioned, it has been two and a half years. it is an investigation that is still ongoing. and the very next day to look forward to, august 25th. that is the date by which fani willis wants the defendants to voluntarily surrender. we'll see where it goes from there. up next -- young people and montana sued the state over climate change and they won the ruling. the first of its kind, now reverberating worldwide. ♪ ♪ ♪ us, driving around is the only way we can get our baby to sleep, so when our windshield cracked, we needed it fixed right. we went to safelite.com. there's no one else we'd trust. their experts replaced our windshield, and recalibrated our car's advanced safety system. they focus on our safety... so we can focus on this little guy. >> singers: ♪ safelite repair, safelite replace. ♪ 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. i have moderate to severe plaque psoriasis. thanks to skyrizi, now's the time to see what america's i'm on my way with clearer skin. 3 out of 4 people achieved 90% clearer skin at 4 months. and skyrizi is just 4 doses a year after 2 starter doses. serious allergic reactions and an increased risk of infections or a lower ability to fight them may occur. 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news that we have been following throughout the day and night for you. senior california officials are telling residents it is not too late to prepare for hurricane hillary which has just been downgraded to a category two storm. locals are being urged to sign up for alerts, have a go bag ready in case evacuations are required, and to stay in touch with family and friends. no tropical storm has made landfall in southern california since 1939. so you get a sense of how significant this moment is. this summer has clearly showed us the brutal reality of climate change, and as we see the impact of climate change in real time, kids in this country who lived through much more of the climate crisis then we will, well, they are not taking it lying down. back in march of 2020, 16 young people in montana came together and sued the governor. three state agencies and the public service commission. they argue that montana's pro fossil fuel laws infringed on their constitutional right to a clean and healthful environment. and this week, believe it or not, they actually won their case. held versus montana as the first climate toothpaste to ever go to trial in the united states. and the first to link climate change to a constitutional right. the state attorney generals office is planning to file an appeal. but as it stands now, montana, a state that gets one third of its energy by burning coal, must consider climate change when approving or renewing fossil fuel projects. joining me now, julia olson, executive director and chief legal counsel at our children's trust, that is the law firm representing the montana youth. this was a remarkable case, julia. i was just fascinated by the story and the legal basis on which this case and this argument was built. first, let me just get your reaction to this historic win. i know you've been working on this case for years. actually, it dates back to 2011 when your law firm petitioned, i believe, the montana supreme court ruled that the state has a duty to address climate change. what is feeling like to have seen a victory that set a precedent for such an urgent calls? >> thanks for having me on, ayman. it's been an amazing week. we have been working for 13 years to secure a ruling like this. we have seen 20 plus cases. and this is the first one to actually get a trial to be able to present expert testimony, to have the youth plane to take the stand, and ultimately to get a real incredible ruling from the judge in montana. >> are you at all worried about the state promised to appeal this case. would this then ultimately sent it to the states supreme court? and what confidence do you have that legislators in a deep red montana will abide by the judge's ruling. you've got presidential candidates who are running on the platform of denying climate change, basically. it's hard to imagine that the republican party which is the dominant party in montana is willing to accept the argument that climate change is real based on this ruling. >> you know, it's a really important reason why children and youth need to be heard by courts, because when you are in a court of law, politics are not at play. and there is a really strong right in the montana constitution to have a clean and helpful environment. and also protect children's rights to dignity, health, safety, and equal protection of the law. and the lower court who heard all of the evidence over seven days, she found in 100 plus-page opinion, that the evidence supported finding that those fundamental rights are harmed when our climate system is being so degraded by fossil fuel pollution. and so, we are optimistic going to the montana supreme court, that when they apply the constitution in this case and look at the facts that were found in the lower court, these youth will prevail. >> you brought up a very important point about the judge 's ruling and how it declared that, you know, montana had violated several constituents constitutional rights, including equal protection, dignity, liberty, health, and safety. talk to me a little bit how all of this could be used as a blueprint for other states? how do you see this case reverberating across the country based on the legal argument that you successfully made? >> i think the judge's opinion and ultimately, hopefully, an opinion might be montana city mccourt, it will be very persuasive to judges and other jurisdictions. we have active cases pending in states like hawaii, utah, virginia. we have a federal case pending in the julianna versus united states case. and judges, they look to each other on these issues of questions of life and liberty and the really dangerous climate situation we are in right now. we have a trial date set, and in the state of hawaii case, it is set for june of next year. and we are beginning to prepare for that. and what is he, ayman, it's getting these cases to trial, because when the evidence is presented, it's overwhelming. i mean, the state of montana, they couldn't put forth any evidence to contradict the overwhelming science that was presented in the case. and that's why governors are fighting so hard to keep us out of court, including the biden administration and the department of justice. >> can you talk a bit more about that and why they want to keep you out of court? i mean, i think for all of us will follow this closely and are very nervous and anxious about the future of our planet, on one hand, we want more allies, we need to have more allies in this fight. but as i mentioned, you are also seeing politicians standing in that way who some, running for office on the basis of denying climate change, and wanting legislation to be passed to make sure that most fossil fuel is he was not less. >> yes and that's why we need a courts looking at constitutional rights. in this context, because of a court, if they say that continuing to promote fossil fuels is unconstitutional, because it is destroying the climate system on which life depends, then no legislature could continue doing that. that would be declared unconstitutional. and what we are doing is really similar to what, you know, the young students were doing and the cases that led up to brown versus the board of education, finding that segregation was unconstitutional. we are now at a point in time where our courts need to say that fossil fuel energy is unconstitutional and we need to get ourselves off of that. and, you know, we can see the importance of constitutional rights. and i think when the dobbs decision came down and overruled roe v. wade, everyone can see how overnight, our country changes because i put the question of abortion back in the hands of politicians and legislatures. and we need climate protection and fossil fuels, and those decisions to be taken out of the hands of politicians, so that we can actually protect the planet for our children and future generations. >> yeah, very important point, and very important comparison, some of the other pressing issues of our time. julia olson, thank you so much. i really appreciate it. best of luck to you going forward in all of your other important cases. thank you. >> thank you so much for having me. >> next, an important update on access to a widely used abortion medication. i'll tell you about that. ♪ ♪ ♪ el l you about that ♪ ♪ ♪ helps restore gum health, and rehardens enamel. i'm a big advocate of recommending things that i know work. 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! you didn't live this strong, this long to get put on the shelf like a porcelain doll. if you have postmenopausal osteoporosis and are at high risk for fracture, you can build 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right now save up to $900 off mattress sets during purple's labor day sale. visit purple.com or a mattress firm near you. ♪i've got home internet from t-mobile.♪ ♪it only costs $50 bucks at t-mobile.♪ ♪just one cord to set up.♪ ♪say goodbye to that truck.♪ ♪oh, what a beautiful mornin'...♪ ♪oh, what a beautiful day...♪ ♪they won't raise your rates at t-mobile...♪ ♪you'll get a great deal every day!♪ home internet from t-mobile... just $50 bucks a month. >> important update to a story we've been covering for months. this week a federal appeals court upheld part of a decision, limiting access to a widely used abortion pill, the fifth circuit court of appeals held that the fda failed to properly account for safety concerns when it loosened access to mifepristone in 2016. the decision originates in texas where earlier this year, conservative federal judge matthew kacsmaryk, a trump appointee, ruled that the fda's decades-long approval of mifepristone was invalid, despite experts timon from public health professionals who deemed it safe. now, unlike kacsmaryk, the fifth circuit kept the original fda approval of mifepristone in place. but their decision reverses recent regulatory changes that made that drug more widely available. and it would now require patients to make three visits to a doctor to get their prescription. it would also ban mail delivery and it would rollback eligibility from ten winks of pregnancy to seven weeks. a justice department spokesperson says they will file an appeal. but it's important to note that this week's decision does not immediately hinder access to the abortion pill. the supreme court this year issued a state while the case goes through the appeals process. and that will continue to apply until the court takes up the case either this year, or perhaps in 2025. perhaps in 2025. want a smarter way to mop? introducing the new swiffer powermop. an all-in-one cleaning tool with a 360-degree swivel head that goes places a regular mop just can't. 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live report. critical countdown, the clock is ticking for the quadruple -- 18 codefendants to surrender at the county jail in atlanta after

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