Hi everyone it's 4 o'clock in New York I'm Alle Velshein for Nicole

Wallace this week marks a watershed moment for Special Counsel

Jack Smith's election case against Donald Trump.

A three-judge panel will hear arguments on a question that's got some big stakes for democracy.

Does the presidency confer, quote, absolute immunity, end quote, against prosecution for

Trump's conduct while in office, as Trump's lawyers are arguing, or is that claim not just

constitutionally wrong,

but also a license for future presidents

to commit crimes while in office,

as the Justice Department argues.

And on the eve of a hearing on the question

of whether Trump can be prosecuted for his actions while in office, we are

learning incredible new details about what Donald Trump said on January 6th and what he did and did not do thanks to testimony to the

special counsel from some of Trump's closest aides including his former

deputy chief of staff Dan Scavino.

From that reporting, quote, sources said Scavino

told Smith's investigators that as the violence began

to escalate that day, Trump was, quote,

not just interested in, end quote, in doing more to stop it.

He was just not interested in doing more to stop it.

Sources also said that the former Trump aide, Nick Luna, told federal investigators that when Trump was informed that then Vice President Mike Pence

had to be rushed to a secure location, Trump responded, so what?

...