Today in one sentence: Special counsel Jack Smith urged a federal appeals court to reverse the dismissal of the criminal classified documents case against Trump; an Arizona judge set a January 5, 2026, trial date for Trump allies charged in the criminal conspiracy to overturn the 2020 election; Texas and 15 Republican-led states sued the Biden administration over a new federal program that offers a path to citizenship for immigrants who entered the U.S. illegally and are now married to U.S. citizens; Robert F. Kennedy Jr. suspended his election bid and endorsed Trump; Trump, who openly bragged about being the person who "was able to kill Roe v. Wade," claimed he "will be great for women and their reproductive rights; and the Trump and Harris campaigns are at odds over whether the microphones will be live throughout the Sept. 10 presidential debate.

1/ Special counsel Jack Smith urged a federal appeals court to reverse the dismissal of the criminal classified documents case against Trump. Last month, Judge Aileen Cannon granted Trump’s request to dismiss the indictment on the grounds that Smith’s appointment as special counsel violated the Constitution’s appointments and appropriations clauses. In a brief filed with the 11th US Circuit Court of Appeals in Atlanta, Smith argued that Cannon’s decision ignored decades of “Supreme Court precedent, misconstrued the statutes that authorized the Special Counsel’s appointment, and took inadequate account of the longstanding history of Attorney General appointments of special counsels.” It’s unclear how long it will take for the appeals court to decide the matter, but even if it overturns the dismissal, the trial will not take place before the November presidential election – and if Trump wins the 2024 election, he could pressure his Justice Department to drop the appeals effort. Trump appointed Cannon to the federal bench in south Florida in 2020. (Associated Press / Washington Post / New York Times / CNN / NBC News / CNBC)

2/ An Arizona judge set a January 5, 2026, trial date for Trump allies charged in the criminal conspiracy to overturn the 2020 election. In April, an Arizona grand jury indicted 18 Republicans, including Mark Meadows and Rudy Giuliani, on charges including fraud, forgery, and tampering with public records, among others. Most of the defendants have pleaded not guilty to the charges. And, while Trump wasn’t charged, the grand jury wanted to indict Trump but state prosecutors said it would be a “big deal” and that they weren’t sure if they had “all the evidence to prosecute it at this moment.” (CNN / Salon)

3/ Texas and 15 Republican-led states sued the Biden administration over a new federal program that offers a path to citizenship for immigrants who entered the U.S. illegally and are now married to U.S. citizens. The initiative, called Keeping Families Together, provides a path to citizenship to an estimated 500,000 people, as well as some 50,000 children. Nevertheless, the coalition filed suit to halt the program, claiming that the administration bypassed Congress to create a pathway to citizenship for “blatant political purposes” and “incentivizes illegal immigration.” (Associated Press / NBC News)

4/ Robert F. Kennedy Jr. suspended his election bid and endorsed Trump. [Editor’s note: Too bad, so sad.](Washington Post / Wall Street Journal)

5/ Trump, who openly bragged about being the person who “was able to kill Roe v. Wade,” claimed he “will be great for women and their reproductive rights.” But at the same time, Trump recently said he has “no regrets” about appointing the Supreme Court supermajority that overturned the landmark ruling on abortion rights. The statements follow the Democratic National Convention, where Kamala Harris used her acceptance speech talk about Trump’s threat to “freedoms” and his role in curtailing those rights. “I believe America cannot truly be prosperous unless Americans are fully able to make their own decisions about their own lives, especially on matters of heart and home,” Harris said. “But tonight, in America, too many women are not able to make those decisions. And let’s be clear about how we got here. Donald Trump handpicked members of the United States Supreme Court to take away reproductive freedom. And now he brags about it.” (New York Times / Axios / Associated Press / Politico)

6/ The Trump and Harris campaigns are at odds over whether the microphones will be live throughout the Sept. 10 presidential debate. Trump campaign wants the microphones throughout the debate except for when it’s their turn, as was the case during the first debate with Biden. But when asked, Trump said it “doesn’t matter to me” whether the microphones were muted, adding, “I’d rather have it probably on. But the agreement was that it would be the same as it was last time.” The Harris campaign, meanwhile, believes “both candidates’ mics should be live throughout the full broadcast. Our understanding is that Trump’s handlers prefer the muted microphone because they don’t think their candidate can act presidential for 90 minutes on his own. We suspect Trump’s team has not even told their boss about this dispute because it would be too embarrassing to admit they don’t think he can handle himself against Vice President Harris without the benefit of a mute button.” The Sept. 10 debate on ABC is the only scheduled presidential debate between Trump and Kamala Harris, so far. (Axios / CNN / Politico / New York Times)

  • 📅 The WTFJHT Calendar: Now until then.

  • 🫏 Aug. 19-22: Democratic National Convention.
    ⛔️ Sept. 2: Labor Day – No WTFJHT.
    📺 Sept. 4: Fox News presidential debate. (unlikely)
    📺 Sept. 10: ABC News presidential debate. (confirmed)
    ⚖️ Sept. 18: Trump is sentenced.
    📺 Sept. 25: NBC News presidential debate. (unlikely)
    📺 Oct. 1: CBS News vice presidential debate.
    📆 Oct. 6: Last day to register to vote in some states.
    ⛔️ Oct. 14: Indigenous Peoples’ Day – No WTFJHT.
    🗳️ Nov. 5: Presidential Election.

  • ✅ Get election ready: Register to vote, update your address, or request an absentee ballot at Vote.org, TurboVote.org, RocktheVote.org, or VoteFromAbroad.org.

  • 📈 The WTFJHT Election Poll Tracking Tracker ™️

  • Harris 49% – Trump 46% (New York Times)
    Harris 47% – Trump 43% (538)
    Harris 48% – Trump 44% (Nate Silver)
    Harris 48% – Trump 44% (The Economist)
    Harris 48% – Trump 46% (RealClearPolitics)
    Harris 50% – Trump 47% (Election Betting Odds)

  • 🔮 Election Forecast Tracker

  • Harris wins 59 times out of 100. Trump wins 40 times out of 100. (538)
    Harris wins 52 times out of 100. Trump wins 47 times out of 100. (Nate Silver)
    Harris wins 60 times out of 100. Trump wins 40 times out of 100. (The Economist)

Four years ago today: Day 1315: "Extreme action."
Five years ago today: Day 949: Magnificent.