campaign can do to win back those votes. good morning and welcome to "way too early" on this friday, september 8th. i'm jonathan lemire. thanks for starting your day with us. and we'll begin this morning with the latest out of fulton county, georgia. we've learned that former president donald trump might try to move his pending election interference trial out-of-state court and into a federal one. in a court filing yesterday trump's attorneys formally notified the judge of the possible effort to make that move explaining that any decision must be filed within 30 days of trump's arraignment. that would give the former president until the end of the month to decide how to proceed. now, trump's former white house chief of staff, mark meadows, has already pushed to try to move his case to federal court and had a hearing on the matter last week. the judge is expected to make a ruling on the meadows request in the near future. meanwhile, fulton county d.a. fani willis is accusing one of donald trump's top allies in congress of trying to obstruct her case. in a scathing letter yesterday the d.a. blasted house judiciary committee chairman jim jordan for his efforts to investigate her state probe. following trump's indictment in georgia last month, the ohio republican asked willis to turn over all documents related to the case, which jordan claims is politically motivated. in response the d.a. wrote in part this yesterday. "your attempt to invoke congressional authority, to intrude upon and interfere with an active criminal case in georgia is flagrantly at odds with the constitution. your letter makes clear that you lack a basic understanding of the law, its practice, and the ethical obligations of attorneys generally and prosecutors specifically. its obvious purpose is to obstruct a georgia criminal proceeding and to advance outrageous partisan misrepresentations. i tell people often deal with reality or reality will deal with you. it is time that you deal with some basic realities. a special purpose grand jury made up of every day citizens investigated for ten months and made recommendations to me. for a more thorough understanding of georgia's rico statute, its application, and similar laws in other states, i encourage you to read rico state by state. as a nonmember of the bar, you can purchase a copy for $249." jordan's office has not -- has not responded to requests for comment. last night donald trump hosted a $100,000 a plate fund-raiser to help rudy giuliani pump money into his legal defense fund. the events took place at trump's golf club in bedminster, new jersey. giuliani had reportedly sought a financial lifeline from trump, but appeals court direct assistance from the former president unsurprisingly failed. giuliani faces mounting expenses amid lawsuits and his efforts to overturn the 2020 election. giuliani's son said the event was expected to raise more than $1 million and that trump committed to hosting a second fund-raiser, this one at his mar-a-lago club at some point later this year. here's what an attorney representing giuliani in the georgia case said about the fund-raiser. >> i assume that they're trying to raise as much as possible, and i think they're going to need it. if you look at how much the state has already spent on a case like this, all the district attorneys they've pulled from the line, all the paper copy costs, all the investigative work, all the things they're doing, i don't care how much money you have, you cannot outspend the state. just being named an indictment of this magnitude and knowing the scale, the scope, the length of this trial, even the preliminary matters is going to be extremely costly. >> to generate some cash giuliani has sold autographed 9/11 shirts and pitched sandals sold by-election denier and mypillow salesman mike lindell. joining us now and an msnbc contributor barbara mcquade. good morning, barbara, great to see you. let's start by returning to our top story. donald trump's efforts to remove his case to federal court. let's get your assessment as to the strategy, but also do you think his efforts could be successful? >> well, first, it's an interesting filing because he doesn't actually file the removal motion. he says i think i might, i'm looking into it. and so it's an odd kind of filing but nonetheless on the merits i think it's doomed to fail in the same way the motion by mark meadows is doomed to fail because the question is not simply whether you're working as a federal official at the time of the alleged conduct but whether you're acting in the scope of your authority. and i think the way to frame this is everything trump was doing in georgia was as a candidate not as the president. as the president he has enormous duties, but involving himself in a state election is not one of them. so i think for that reason both of those motions are doomed to fail. >> let's talk about that speaking of georgia that scathing letter from d.a. willis to republican congressman jim jordan. how unusual is it for a prosecutor to take that step, and what do you think could happen next? >> well, it is highly unusual. but what's really unusual is getting that inquiry in the first place from congress. i mean she states the law absolutely accurately, which is under our federal separation of powers and under federalism which says the state gets some work and the federal government gets other work, it is completely inconsistent with that. so i think she's really just calling out this tactic that jim jordan and his weaponization committee have taken on in trying to use their committee as a vehicle to spread misinformation, and she says that in the letter, so i think it's a very strong pushback. i think it's very appropriate, and i think it's necessary because the constitution as the supreme court has held gives states the power to enforce the laws of their states. that's an executive branch function which she's part of. it's not a matter for the legislature to involve themselves in, so she writes it in very strong terms. >> barbara, lastly staying in fulton county, there's been a lot of debate as to the time line of that case. the d.a. is trying to push it forward and link all these cases together but the suggestion could be 150 witnesses and six months or more. a lot of legal experts have suggested that's not realistic. really sort of get your take when this could happen, and is there any chance this is a trial that could occur before next november's election? >> yeah, the hearing that was held the other day was very telling because the prosecutor revealed they believe that trying this case will take four months and be presenting more than 150 witnesses. that message was directed directly at the judge who does not want to endure that experience many times over. he probably will have to endure it more than once, but he certainly doesn't want to endure it 19 times. so what seems to me most likely to happen is that those who demand a speedy trial will get one and that the other defendants will probably be tried in smaller batches. of course there may be guilty pleas at some point that pares that number down. i imagine prosecutors will want to put donald trump in a first batch if that's at all possible, but i think this case is probably unlikely to go before the next election and that's because the calendar is already very crowded with other trials with donald trump as a defendant. so i think this is one that although fani willis is doing everything she can to push a speedy trial, which is a right of the public as well as of the defendant, i think that ultimately she built this one for thoroughness as opposed to building it for speed. >> built for speed seems to be what jack smith did in the federal election case. former u.s. attorney barbara mcquade, thank you as always. please have a nice weekend. one more legal but separate story this morning is former trump white house advisor peter navarro. he was convicted of contempt of congress yesterday for ignoring a subpoena last year from the house january 6th committee. it took the jury just four hours to find navarro guilty on both counts he faced for refusing to testify before the committee and refusing to turn over requested documents. the trial lasted only two days. navarro's legal team did not present any witness testimony or evidence. navarro had planned on mounting a defense claiming he was protected by executive privilege. he claimed former president trump told him not to cooperate with the committee, but the judge rejected that argument in a pretrial ruling last week. >> we knew going in what the verdict was going to be. that's why this is going to the appeals court. and we feel -- look, i said from the beginning this is going to the supreme court. i said from the beginning i am willing to go to prison to settle this issue. i'm willing to do that, but i also know that the likelihood of me going to prison is relatively small because we are right on this issue. >> sentencing is set for january 12th. navarro faces up to two years in prison. he has repeatedly called this a landmark case based on the separation of powers. >> people like me, senior white house advisers, alter egos of the president, cannot be compelled -- can't be compelled to testify before congress. absolute yet they brought the case. >> after the verdict navarro's attorney called for a mistrial claiming the jury was exposed to protesters during a break when they returned the guilty verdict shortly afterwards. but the judge would not rule on it right away and told navarro's lawyer to file a motion to consider at a later time. still ahead here on "way too early," florida governor and 2024 presidential candidate ron desantis gets into a heated exchange about the recent racist shooting in jacksonville. plus, we'll bring you the very latest on the ongoing manhunt for an escaped inmate in pennsylvania. those stories and a check on sports and weather when we come right back. . weather when we come right back we used to struggle with greasy messes. now, we just freak, wipe, and we're done! with mr. clean clean freak, conquering messes is that easy. clean freak's mist is three times more powerful, and it works on contact. clean freak, just freak, wipe, done. 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. just between us, you know what's better than mopping? anything! ugh. well, i switched to swiffer wetjet, and it's awesome. it's an all-in-one, that absorbs dirt and grime deep inside. and it helps prevent streaks and haze. wetjet is so worth it. love it, or your money back. trying vapes to quit smoking might feel like progress, but with 3x more nicotine than a pack of cigarettes - vapes increase cravings - trapping you in an endless craving loop. nicorette reduces cravings until they're gone for good. 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. as we turn to some of the morning's other top headlines. former governor ron desantis lashed out at a man who criticized his gun policy. it happened yesterday during a press conference on the state's protections against covid related mandates. a black man brought up last month's racist mass shooting in jacksonville that left three people dead. he blamed the attack on desantis saying he's allowed immature people access to weapons. that comment prompted this heated exchange. >> first of all, i did not allow anything like that. listen -- excuse me, i'm not going to let you accuse me of committing criminal activity. i'm not going to take that. i'm not going to take that, so you should -- you want to have a civil conversation that's one thing. try to say that i'm let -- he should have been ruled ineligible, but they didn't involuntarily commit him and so -- no, no, there is the truth. there is something about the truth. it's not everyone doesn't have their own truth. no. you don't get to come here and blame me for some madman. that is not appropriate, and i'm not going to accept it. >> you have allowed them to hunt people like me. >> that is nonsense. that is such nonsense. we've done more to support law enforcement in this state than anybody throughout the united states. our crime rate in florida is at a 50-year low. >> the man who said he was a veteran was then escorted out of the press conference. desantis has faced real backlash for that shooting from democrats and some in florida's black community. they say his policies beyond guns such as wiping out diversity programs in schools harbor hate. elsewhere, the january 6th rioter who attacked police officers with bear spray has been sentenced to 6 1/2 years in prison. a man named sean mccue was found guilty in april of obstruction as well as assaulting law enforcement. prosecutors say the 36-year-old actively participated in at least four attempts to breach the perimeter and encourage other rioters to fight police. after the insurrection mccue posted on facebook, quote, we stormed them and we took congress. now to that man hunt in pennsylvania for the convicted killer on the run after an escape from prison. police have expanded the search area, but they say they believe the fugitive remains within it. nbc news correspondent george solis has the details. >> reporter: from the air to the yards the search for danelo now in its eight day. the manhunt began when he escaped from prison last thursday morning, crab walking up walls in a cor dor in the prison's exercise yard. multiple sightings of the fugitive helped establish an initial perimeter where police tried to contain him but failed. an image of him was next captured on a trail camera several mile from the prison at longwood gardens. police say he was seen tuesday night while approximately 4 miles away from there. >> he's a monitor. he's evil, no human. it's crazy. >> reporter: sarah is the sister of cavalcante's ex-girlfriend, the woman he was convicted of killing, stabbing her 38 times. is your family afraid knowing he's out on the loose? >> yes. my family's all scared. i don't sleep no more. >> reporter: police say caval canty is now within an 8 to 10 square mile radius. >> i have every reason to believe he's within that perimeter. >> we of course will keep you posted of any developments as the day goes on. a major match at the u.s. open gets delayed for nearly an hour sending both players to the locker rooms. we'll explain what happened. plus we'll bringia the highlights from last night's nfl opener which ended up being a stunner in kansas city. that's all straight ahead. stra. unlike some others, it supports 7 brain health indicators, including mental alertness from one serving. to help keep me sharp. try new neuriva ultra. 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 (ella) fashion moves fast. setting trends is our business. bakery-inspired flavor. we need to scale with customer demand... ...in real time. 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(vo) learn more. it's your vision, it's your verizon. this is third and six. interception. the rookie ties the game with his first nfl touch down. >> that pick six helped the lions pull off a surprising upset of the defending super bowl champions last night. patrick mahomes was without his all pro tight end travis kelce. it really impacted the offense. tying the game at 14 apiece late in the quarter. late in the fourth he had another drop right there and he just drops it. chiefs were trying to put together a possible game winning drive but didn't happen, and there was no mahomes magic in the air last night with the lions picking up the win on the road 21-20. we'll get reaction from lions fan angie lassman in just a moment. we move now to the u.s. open which was disrupted last night by four environmental protesters. the group was in the upper level of the stands at arcter ash stadium for the final match. during the second set they started chanting and shouting from their seats. one of the protesters then glued his bare feet to the ground. they were eventually removed by security, but it delayed the match by 50 minutes. gauff was leading the match when it was stopped. and the 19-year-old, well, she wasn't phased and would go onto win advancing to her first final at flushing meadows. gauff was asked about the disruption after the match. she responded by saying, quote, i always speak about preaching about what you feel and what you believe in. it was done in a peaceful way, so i can't get too mad at it. but there will not be an all american final at the u.s. open as 2017 open runner-up madison keys was eliminated in a match that didn't end until nearly 1:00 a.m. eastern. keys was up early, but second seated aryna sabalenka fought back to take the final in two sets. time now for the weather and let's go to meteorologist and happy lions fan angie lassman. predicted this year will be different. you guys are off to a good start. >> i hope so. listen, i was asleep, a very early alarm clock. when i looked up the score i was pleasantly surprised. i'm very pleased indeed. now, what i'm not so pleased about is how this weekend across parts of the north east look a little unsettled. we do have a cold front going to bring some relief, but up and down the i-95 corridor we have the potential for severe storms and it remains unsettled through the weekend. we still have this pesky cold front hanging around for a little while longer saturday into sunday, and we could get some good amounts of rain. some spots do need it for drought conditions, but look at these toments 1 to 3 inches of rain and pretty impressive hourly rainfall rates, 1 to 2 inches. so we'll watch for some flooding concerns, but just a heads up on that it will remain unsettled but we'll start to see temperatures dialing back across parts of the north east, mid-atlantic. and we've got to talk about hurricane lee. really impressive stuff happening. 11 p.m. wednesday, 80 mile per hour maximum sustained winds. 24 hours later 160 mile per hour winds. it doubled and that blows the rapid intensification criteria out of the water. so this is a very powerful and potentially impactful category 5 hurricane. right now the good news is it's going to maintain its strengthen but doesn't look to impact any land masses. of course we could see indirect impacts when it comes to parts of rhode island, the caribbean. >> yeah a powerful storm. angie lassman, thank you so much. coming up here on "way too early," right now president biden is on his way to india for the g20 summit. we'll look ahead to what's on his busy agenda this weekend. "way too early" will be right back. agenda this weekend "way too early" will be right back nice footwork. man, you're lucky, watching live sports never used to be this easy. now you can stream all your games like it's nothing. yes! [ cheers ] yeah! woho! running