THAT'S FAIR. >> THANKS A LOT. THANK YOU, RACHEL. >> THANKS, LAWRENCE. >>> BREAKING NEWS TONIGHT, SOMEONE SAID SPECIAL PROSECUTOR JACK SMITH A DANGEROUS GIFT ON CHRISTMAS DAY. NBC NEWS IS REPORTING SPECIAL COUNSEL JACK SMITH WHO IS OVERSEEING THE PROSECUTION OF FORMER PRESIDENT DONALD TRUMP IN TWO FEDERAL CASES WAS THE TARGET OF AN ATTEMPTED SWATTING AT HIS MARYLAND RESIDENCE ON CHRISTMAS DAY, ACCORDING TO TWO LAW ENFORCEMENT SOURCES, SOMEONE CALLED 9-1-1 ON DECEMBER 25TH, REPORTING THAT HE HAD SHOT HIS WIFE AT THE ADDRESS WHERE SMITH LIVES. MONTGOMERY COUNTY POLICE DISPATCHED UNITS TOWARDS THE HOME BUT WERE CALLED OFF WHEN THE DEPUTY U.S. MARSHALS PROTECTING SMITH AND HIS FAMILY TOLD POLICE THAT IT WAS A FALSE ALARM, THAT EVERYONE INSIDE THE HOME WAS SAFE. NO ARRESTS HAVE BEEN MADE IN CONNECTION WITH THE INCIDENT. EARLIER TODAY, AND NBC NEWS REPORTED THAT FEDERAL JUDGE TANYA CHUTKAN WHO WAS PRESIDING OVER THE NOW PAUSED CASE OF THE UNITED STATES OF AMERICA VERSUS DONALD J TRUMP IN WHICH JACK SMITH IS ACCUSING DONALD J TRUMP OF CRIMES LEADING UP TO AND ON JANUARY 6TH, WAS ALSO THE VICTIM OF A SIMILAR SWATTING INCIDENT. TODAY IN A CAMPAIGN SPEECH IN SOUTH CAROLINA, PRESIDENT BIDEN TALKED ABOUT THE VIOLENCE PROVOKED BY DONALD TRUMP ON JANUARY 6TH, AND SAID THAT DONALD TRUMP IS NOT GOING TO STOP PROVOKING VIOLENCE. WE WILL BRING YOU MORE OF WHAT PRESIDENT BIDEN SAID TODAY LATER IN THIS HOUR. TOMORROW IS THE MOST IMPORTANT DAY YET IN THE LIFE OF DONALD TRUMP SINCE HE BECAME A CRIMINAL DEFENDANT DONALD TRUMP, BECAUSE TOMORROW, AT 9:30 A.M., AS RACHEL SAID, THE FEDERAL APPEALS COURT IN WASHINGTON, D.C. WILL CONSIDER AN APPEAL BY TRUMP'S CRIMINAL DEFENSE LAWYERS ARGUING THAT DONALD TRUMP CANNOT BE CHARGED WITH A CRIME OF ANY KIND THAT WAS COMMITTED DURING DONALD TRUMP'S PRESIDENCY. IF THE APPEALS COURT AGREES WITH DONALD TRUMP AND HIS LAWYERS WHEN THEY ISSUE AN EXPEDITED OPINION WITHIN THE NEXT FEW WEEKS, THEN SPECIAL PROSECUTOR JACK SMITH WOULD SURELY APPEAL THAT DECISION TO THE UNITED STATES SUPREME COURT. AND IF THE UNITED STATES SUPREME COURT AGREES WITH DONALD TRUMP THAT HE CAN'T BE PROSECUTED FOR CRIMES COMMITTED WHILE PRESIDENT, THEN THE WASHINGTON D.C. FEDERAL CRIMINAL CASE AGAINST DONALD TRUMP FOR CRIMES LEADING UP TO AND ON JANUARY 6TH WOULD COLLAPSE. THE CRIMINAL PROSECUTION OF DONALD TRUMP IN GEORGIA FOR ELECTION FRAUD IN GEORGIA WOULD DISAPPEAR. THE CRIMINAL PROSECUTION OF DONALD TRUMP BY MANHATTAN ATTORNEY ALVIN BRAGG WOULD PROBABLY COLLAPSE SINCE MUCH OF THE CONDUCT ALLEGED IN THAT CASE OCCURRED WHILE DONALD TRUMP WAS PRESIDENT. THE ONLY CRIMINAL CASE THAT CAN SURVIVE A SUPREME COURT OPINION SAYING THAT A PRESIDENT OF THE UNITED STATES HAS TOTAL IMMUNITY FROM PROSECUTION FROM ANYTHING THAT HAPPENS DURING THEIR PRESIDENCY WOULD BE JACK SMITH'S CRIMINAL CASE AGAINST DONALD TRUMP IN FLORIDA FOR THAT ILLEGAL POSSESSION OF CLASSIFIED MATERIAL IN VIOLATION OF THE ESPIONAGE ACT, AFTER HE WAS PRESIDENT. THAT IS A CASE PRESIDED OVER BY A JUDGE APPOINTED BY DONALD TRUMP WHO SO FAR COULD NOT HAVE BEEN MORE FRIENDLY IN HER RULINGS IN THE CASE TO DONALD TRUMP AND HIS DEFENSE LAWYERS. THAT FEDERAL JUDGE APPOINTED BY DONALD TRUMP, EILEEN MERCEDES CANNON, HAS FULL DISCRETION ON SENTENCING IN THE CASE, WITH NO MANDATORY MINIMUM SENTENCE. AND SO, SHE IS UNLIKELY IT APPEARS TO SENTENCE TRUMP OR HIS CODEFENDANTS TO ANY FORM OF CONFINEMENT, EVEN IF THEY ARE FOUND GUILTY IN HER COURTROOM. JUST ABOUT EVERYTHING THAT REALLY MATTERS TO CRIMINAL DEFENDANT DONALD TRUMP IS AT STAKE IN TOMORROW'S HEARING WHICH WILL BE, AGAIN, AT 9:30 A.M.. YOU CAN HEAR EVERY WORD OF THE HEARING RIGHT HERE ON MSNBC. DONALD TRUMP HAS SAID HE WILL ATTEND THE HEARING. BUT THE DEFENDANT HAS ABSOLUTELY NO ROLE IN AN APPEALS COURT PROCEEDING. IF DONALD TRUMP DOES ATTEND THAT HEARING, IT WILL LIKELY BE SO THAT HE CAN TRY TO CLOUD OUT THE COVERAGE OF WHAT WAS ACTUALLY SAID DURING THE HEARING BY MAKING TRUMP STYLE IRRELEVANT PROCLAMATIONS AND LYING PROCLAMATIONS OUTSIDE OF THE COURTHOUSE AFTER THE HEARING. THE THREE JUDGES, THE THREE JUDGE PANEL THE APPEALS COURT HEARING THE CASE TOMORROW, INCLUDING TWO JUDGES APPOINTED BY PRESIDENT BIDEN AND ONE JUDGE APPOINTED BY PRESIDENT GEORGE H. W. BUSH. JUDGE KAREN HENDERSON WAS APPOINTED BY PRESIDENT GEORGE H. W. BUSH IN 1990. JUDGE MICHELLE CHILDS WAS APPOINTED BY PRESIDENT BIDEN IN 2022. JUDGE FLORENCE BAN WAS APPOINTED BY PRESIDENT BIDEN IN 2022. TOMORROW, THEY WILL HEAR THE MOST IMPORTANT APPEAL OF THEIR LIVES. DONALD TRUMP'S LAWYERS INSIST THAT A PERSON CANNOT BE PROSECUTED FOR ANY CRIMES COMMITTED WHILE IN OFFICE UNLESS THAT PRESIDENT WAS IMPEACHED BY THE HOUSE OF REPRESENTATIVES AND CONVICTED IN A SENATE TRIAL AND REMOVED FROM OFFICE. NOT ONE REPUBLICAN MEMBER OF THE UNITED STATES SENATE BELIEVED THAT WHEN THEY VOTED TO ACQUIT DONALD TRUMP. >> DONALD TRUMP IS LIABLE FOR EVERYTHING HE DID WHILE HE WAS IN OFFICE. AS AN ORDINARY CITIZEN. UNLESS THAT STATUTE OF LIMITATIONS IS AROUND, FOR EVERY DAY TRUMP WAS IN OFFICE IT APPLIES. HE DIDN'T GET AWAY IN ANYTHING YET. WE HAVE A CRIMINAL JUSTICE SYSTEM IN THIS COUNTRY. WE HAVE CIVIL LITIGATION. AND FORMER PRESIDENTS ARE NOT IMMUNE FROM BEING ACCOUNTABLE BY EITHER ONE. >> THE SENATE VOTE TO CONVICT DONALD TRUMP WAS 67 TO 43, A CONVICTION IN THE SENATE IMPEACHMENT TRIAL REQUIRES A TWO THIRDS OF MAJORITY VOTE, ACCORDING TO THE CONSTITUTION. SO, DONALD TRUMP WAS FOUND GUILTY BY A MAJORITY OF THE SENATE, BUT DID ESCAPE CONVICTION IN THE SENATE. SPECIAL PROSECUTOR JACK SMITH HAS IN THE BRIEF TO THE APPEALS COURT SAID THAT THE TRUMP LAWYERS WERE INVENTING AN IMMUNITY RIGHT THAT DOES NOT EXIST. IN A READING OF THE CONSTITUTION, JACK SMITH TOLD THE APPEALS COURT WHAT THEY CAN EXPECT TO HEAR FROM HIS TEAM TOMORROW. THIS IS WHAT WOULD BE ALLOWED IF THE COURT RULED IN TRUMP'S FAVOR, A PRESIDENT WHO ACCEPTS A BRIBE IN EXCHANGE FOR DIRECTING A LUCRATIVE GOVERNMENT CONTRACT TO THE FAIR, A PRESIDENT WHO INSTRUCTS THE FBI DIRECTOR TO PLANT INCRIMINATING EVIDENCE ON POLITICAL ENEMY, A PRESIDENT WHO ORDERED THE NATIONAL GUARD TO MURDER HIS CRITICS, OR A PRESIDENT WHO SELLS NUCLEAR SECRETS TO A FOREIGN ADVERSARY, BECAUSE IN EACH OF THESE SCENARIOS, THE PRESIDENT COULD ASSERT THAT HE WAS SIMPLY EXECUTING THE LAWS OR COMMUNICATING WITH THAT DEPARTMENT OF JUSTICE, OR DISCHARGING HIS POWERS AS COMMANDER-IN-CHIEF OR ENGAGE IN FOREIGN DIPLOMACY. UNDER THAT DEFENDANTS FRAMEWORK, THE NATION WOULD HAVE NO RECOURSE TO DETER A PRESIDENT FROM INCITING HIS SUPPORTERS DURING A STATE OF THE UNION ADDRESS TO KILL OPPOSING
