of the archivist. he had no right to retain them and maintain them and he kept them in a way at mar-a-lago that anyone who cares about national security their stomach would turn at. that s former attorney general bill barr making it clear that the classified documents case against donald trump is not a witch hunt as the former president has repeatedly claimed. we ll go through the many, many new developments tied to the indictment, and it comes as trump ice rivals for the 2024 republican nomination rally to his defense, at least for now. we ll have those comments. plus, the latest from ukraine where the country s counteroffensive is claiming some initial small victories over russian forces. good morning and welcome to way too early on this monday, june 12th. i m jonathan lemire. thanks for starting your day and week with us it. ooh is going to be a busy one. we ll get right to it. our top headline, former president donald trump is scheduled to appear in a miami cou
Talked to his Attorney General yet. Thats right. Reporter i had a chance to catch up with kellyannec conway. I asked her whether or not the president views this decision as some sort of set back or defeat. She didnt exactly answer that question, but heres what she had to say. This is a defeat . Do you see this as a setback . He sees it as the statute provides a president with great latitude and authority to protect the citizens and protect the Nations National security. This was not argued on the merits. Now that well have an opportunity to argue on the merits, we look forward to doing that. I think his tweet was perfect when he said, well see you in court. There you go. Some confidence being expressed by Kellyanne Conway at the white
house. Not a lot new in terms of arguments being laid out by the white house in response to this, just the very tough talk that were going to see you in court. That is not exactly going to win the day at the Supreme Court. I asked Kellyanne Conway, is thi
cannon doesn t rule his way. going back to the bullet points, there s one major one that doesn t happen at the front end. it doesn t deal with pretrial motions, but later at the end of the case, if trump is convicted, the defense always makes what s called a rule 29 motion. it s a motion that the jury got it wrong, pay tenltsly wrong, completely wrong, and take the case away from them and enter a case of acquittal. that s up to the judge and it s nonreviewable. there is a way i m not saying this is judge cannon but i m saying there is a way a judge can inject himself or herself in a criminal case at the very end with a judgment of acquittal, which is unreview about. there are no comebacks and the case is over. msnbc s legal analyst danny cevallos. thank you so very, very much. still ahead on way too early , we re going to have
what were you thinking when you fired flynn? the notion that a special counsel can intrude on the thinking process of a sitting president, while he was president, firing a person that you have ultimate authority, unfettered, unreview able authority to fire unthe constitution tells me one thing about mueller. he has gone goofy. the question should not be answered under any set of circumstances and i tell you something, i would litigate this to the fair thee well. these are sophomoric. as a lawyer i would not recommend he do this interview under any circumstances. i didn t think so before and i certainly don t think so now. maybe written answer like, but maybe a poetry or high
look, i think that s fundamentally correct. i don t think that the president s decisions on national security are unreviewable. that s really not the argument that the administration is putting forward here. the argument instead is that under a supreme court precedent called youngstown, when the president acts with the explicit blessing of congress, which the president has done here, he is entitled to a presumption of constitutionality. when those two political branches are in agreement, the court should defer on the issue of national security. i do not see that the ninth circuit engaged in any such deference here. they did argue unreview to believe the this court. in a very half hearted way. they actually just seemed confused. the guy paused for a long period