Violence. Were erasing generations of traumatized americans. That concerns me as a faith leader. Good morning. Top of the hour. So glad youre with us here on cnn this morning. Another historic day, a really important day for our democracy in court today. Not just about an arraignment its much bigger than that. Down in washington. Just hours from now, former President Donald Trump set to appear in a courtroom in washington, d. C. On charges he tried to overturn the 2020 election and hold on to power. Night. Ty barriers went upover secret service has done walkthrough of the d. C. Courthouse. Trump is expected to plead not guilty to four counts including conspiracy to defraud the United States. His fingerprints will be taken digitally. A preview of trumps lawyers will argue, among those his claims of Election Fraud are protected by the first amendments free speech. He truly believed that the debunked fraud claims. Our Kaitlin Collins spoke with bill barr with these m potential legal avenues. But lets begin with sarah murray. Yesterday we were talking on the program is he going to in person, zoom, hes going to be there, a critically important day for american democracy. Thats right. Obviously by the Security Perimeter you have shown not just about mundane day in Federal Court because of the defendant were talking about, form President Donald Trump is due here at 4 00 p. M. Donald trump will arrive here later this afternoon. Hell enter the Federal Courthouse, hell be placed under arrest. We expect his actual appearance in court to be pretty brief, weve seen this a couple of times before hell be advised of his rights, of the charges against him. He may have an opportunity to enter the a plea today. We expect him to plead not guilty. But well be looking to see if donald trump says anything in the court. Well be looking whether Special CounselJack Smith Attends in person as he did in miami when donald trump was charged in the classified documents case, again a lot of this were not going to see in realtime, cameras arent allowed in the Federal Court. Well be relying on our reporters in the courtroom and these sketches to get the scene what its like for donald trump again to be in there for his third arraignment. Sara, well be watching very, very closely. Our special coverage begins this afternoon at 3 00 eastern. Quotes here nouz sating and despicable how attorney general bill barr is describing the former president s actions in his first public appearance. He explained why he believes that trump knew he lost the election and shouldnt be anywhere near the oval office. Watch. Do you think he knew that he lost the election . Do i personally believe that . Yes. At first i wasnt sure but i have come to believe that he knew well that he had lost the election. And now what i think is important government has assumed the burden of proving that. They take the position that he had actual knowledge that he had lost the actielection and the election wasnt stolen. Theyll have to prove that beyond a reasonable doubt. Thats high bar. That leads me to believe were only seeing the tip of the iceberg of this. You think jack smith has more . I believe he has a lot more. What impressed me about the indictment, very spared, lot of things he could have said in there and i think theres a lot more to come and a lot more evidence in terms of the president s state of mind. Comments from people like bannon and stone, before the election, saying that he was going to claim it was stolen if he was falling behind on election night. That that was the plan of action. I find those statements very troubling and then you see he does that on election night. And then the evidence that has come out since that the press reports and the indictment. With us now is political commentator alyssa farah griffin. And van jones. Ellie, i want to start i want to start with the interview from last night. It was so methodical and concise taking apart from what we have heard from the trumps lawyers. Specifically something that barr said on the existence of fraud. Take a listen. Here we are 2 1 2 years and still they havent come forward with any evidence. In fact as the indictment puts forward you have giuliani saying we have a lot of theories but we dont have any evidence. Pretty big permission. No evidence. They wanted to overturn the election and they had no evidence of outcome dete determinenative fraud. You keyed on that, why . First of all, phil, this was a fantastic interview. I found myself agreeing with quite a bit of what bill barr said. If prosecutors are relying on bill barr as a witness, divine mess senger of truth theyll have a big problem, because, yes, bill barr weeks after the election December 2020 did come forward publicly theres no evidence of fraud. The problem is that for months leading up to the election he was Donald Trumps biggest cheerleader when it came to the issue of fake allegations of Election Fraud. He went on npr he said there are massive risk of Election Fraud here. Npr had to run it back, we allowed the attorney general to tell a falsehood on air. Huge risk of fraud in voting, nothing we can do to police it, any proof of it, he said no, i just know it he come on our air, on cnn, and wolf blitzer knowing that bill barr was pushing the Election Fraud lie, how many cases has your doj actually prosecuted of Election Fraud, barr said, well theres one case involving 1700 false ballots which sounded remarkable until the next day when it came out that case involved 1 ballot. One instance of Election Fraud. Doj had to run a correction there, bill barr has changed his tune quite a bit. Not effective witness for prosecutors. He was behind this, he helped spread it. Van, taking aside the real issues that was brought up about bill barr said before versus now, i was struck by the fact that he really believes that jack smith, quote, a lot more thats not in the indictment specifically on trumps state of mind. Thats the key. The hardest to prove and bill barr believes theres a lot more thats not in this indictment. Look, bill barr was a top cop. It makes sense that he would say that. Thats the whole key. You know, if trump is really that dumb then he gets a chance to walk but if hes actually smart and he knew what he was doing, then, its a very different story. Whats going on now, you have these two narratives in the country that are basically the same narrative the democrats are saying the president misused his the power of his office to hold on to power. What the public is saying about the democrats the same thing, this president is misusing his office, the department of justice to knock out donald trump to stay in power. Were literally in mirror world, that both sides have the same accusation against each other. If youre a parent or a Gr Grandparent and you had a kid accused of cheating and the teacher said we have evidence that this kid was conspiring to cheat, johnny, whats the truth. The truth is the teacher hates me, the students are against me. The entire Department Of Education is corrupt. Who do you believe . Lot easier to believe that donald trump didnt want to leave office and conspiring with his friends. I also a situation of show your worth. Theres an indictment. Three indictments. Its not apples to apples. One side has facts and evidence and you want to challenge that in court and defeat it in court by all means. We dont know what trumps lawyers are going to do yet. Id happily have and break that story im telling you. We dont evidence where theres evidence in terms of what the former president did. You might have some idea of what evidence they may have in terms of why the president s mindset was, because you testified to this issue specifically. Whats your sense to that poppys point of what more they have. I agree with the attorney general, i think theres more here, the shakiest part of this indictment is going to be the mindset and whether or not he actually believed the election. This Free Speech Argument actually i think is a very shallow and weak argument. When it gets into fraudulent behavior and conspiracy thats action, thats conduct, not a matter of speech. I know that donald trump knew he lost the election. What this argument is going to rely on despite the overwhelming evidence that he lost, that every reasonable person around him knew he did he still intellectually didnt have the capacity to understand it. I think hell hate it when lawyers start having to make this case. Id keep my eye on that. Theres not going to be there might be some fanfare of r relitigating. Its going to come down to he truly believed this. Explain the argument, elied on my lawyers will be super dicey in the court, explain that to folks. Theres defense that defendant can raise in court, my lawyers said it was okay to do them. Theres risk in making this argument. High risk. First of all, you waive, you give up the Attorney Client privilege, if donald trump makes that claim in court all of his communications with his lawyers about anything become fair game for Cross Examination. Hell have to take the stand to make that defense. We can only imagine what a Cross Examination of what direction direction would look like. Its there as a Defense Avenue but its really tough road to go down. You put up all those administration lawyers by the way who the Indictment List out who told him the exact opposite. Aliyssaalyssa, Vice Presiden is at the center of that indictment, he was asked about that on the campaign trail. Listen. Anyone who puts themselves over the constitution should never be president of the United States. The president specifically asked me and his gaggling of Crackpot Lawyers asked me to literally reject votes, essentially to overturn the election. I love mike pence unleashed, listen. Wow. I think hell turn out to be the most important witness in this case, very likely hell take the stand. He knows better than most people because there were conversations to the best of my knowledge that were directly between just him and the former president. He kept notes. I applaud him for telling the truth. Van . Look, i think that guy sounds like a leader, he sounds like he has conviction, he sounds like the guy who did stand up to donald trump and refused to cave in. Where has he been . More of that mike. Up until now, mainly seen, it could be the fact that he didnt have that much left to lose, he may not even make the debate stage, if youre going to take a stand, todays the time to make that stand, people are paying attention now in a different way. You had these other cases up until now that werent much of a threat to the country. But this is. Fascinating to watch. Van jones, alyssa, ellie, thanks, guys coming up, well be joined by someone who conducted a years long investigation into trump before his successor filed charges in tonew york. Were talking to cy vance. Let Innovation Refunds help with your erc tax refund so you can improve your business however yoyou see fit. Rosie e used part of her refund to build an outdoor patio. Clink dr. Marshall used part of his refund to give his practice a facelift. Emily used part of her refund to buy. I run a wax museum. Let Innovation Refunds help you get started on your erc tax refund. Stop waiting. Go to innovationrefunds. 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Make more of whats yours. So just a few hours from now, donald trump will be appearing in a courtroom in d. C. Where hes expected to pleadot guilty to four counts conspiracy to defraud the United States of america, this is trumprd arrest in four months. The two previous indictments were related to falsifying Business Records in the alleged mishandling in classified documents. Hes facing 78 criminal charges in three Different Cases right now as hes the republican frontrunner for the white house. Think about that. Our next guest has conducted a years long investigation into trump before his successor charged files. Cy vance joins us now. Good morning. So 78, 3 Different Cases, but this one is different. Do you believe that this case that jack smith has just brought, this indictment is more perilous for trump or maralago or braggs case . I think the former president faces real risk in every case thats presented to him and is now public. Many manhattan, unlikely the president faces jail if hes convicted, less likely outcome in the manhattan case. These two federal indictments i think are on their face quite, quite strong, and i think thats the purpose of how the indictments were crafted to let the president and the public know exactly why these charges were brought. If trump if this doesnt go to trial before the general election, if president becomes president he can get rid of the federal state, but state, bragg, he cant. He cant. He cant and thank goodness for a system of justice that, you know, that gives the president certain powers in the federal system but not over the states, so the reality is that if the president by some stroke of luck is able to squash the federal indictments hell face presumably an indictment in georgia which appears aligned to the same elements that well see today. Im very stuck on there are so many three potentially four, theres such a come pressed time window before the election, is there communication right now, should there be communication right now between new york, georgia, the Special Counsels team in terms of who goes first, second, how do you structure this if you want to get this done in a quick manner . One is defense counsel, and their view they have a say. A bigger say. Frankly, the court will make sure the appearances that somehow the Constitutional Rights of the defendant are being set aside. Then you have the prosecutors. With whether or not they should be communicating about priorities and timing. And then you have the judges. Now i think each judge for example, the judge in new york wont be want short strife in terms of timing of his court. The severity and complexity of the federal indictments are more severe, more complex, and at the end of the day when push comes to shove i could see the state cases being delayed and put behind the federal cases. Thats just a prediction. But not a guarantee. But given what you just told us before that the state cases would remain if trump remains president again and squashes the federal probes, if you were alvin bragg and you know your colleagues in the Justice Department came to you and jack smith said we got to get ours in before yours, will you delay . I would listen to them. And i take into consideration their points. So in our own investigation of the former president and his company which resulted of his company for being indicted. This was remarkable that happened my response was, yes, i will. Because i felt that was the right thing to do. So its not as if conversations dont happen. Not as if the State Prosecutor cant acknowledge what he thinks about the priority and my case i did ultimately we ended up going twice to the Supreme Court and it worked out in the end but i would certainly take into account jack smiths requests but im not guaranteeing that i would agree with him. Real quick, the president had a huge fundraising burst after the new york indictment, democrats that i talked to are frustrated with the new york indictment. Republicans point to new york indictment as a boon to them politically. Do you think thats the case . Well, i think as a practical matter it turned out the state indictment did generate attention and fundraising capacity for the president. And his polling went up. And that said, you know, mr. Bragg thought he had a case that needed to be brought and for him to walk away from that case was something that he was not prepared to do, so i think mr. Bragg is going to be criticized perhaps for indicting that the president believes but he was the manhattan d. A. And he had to make a call. Do you think it needed to be brought . Well, i dont want to comment, because i dont all the facts. You read the indictment. I did. I think the indictment. The challenge for that case may be a challenge whether or not evidentiary you can use federal law to bump up a state law from a misdemeanor to a felony. Thats one reason i was cautious about bringing that case. Well see what happens. But, look, right now a probably not . Its not a probably not. Its we didnt bring that case and the answer isnt why did cy vance didnt bring it, why did alvin bragg decide to bring it . We werent focusing on the pattern of larger fraud in terms of his Business Affairs and so divergent investigations. Still 78 charges. Yeah. Over the course of 3. Potentially soon to be four indictments. Its remarkable time in history. I dont its remarkle that one person can be indicted three times in four months and maybe four times in four months, thats hard thing to get done, so the president has real challenges in front of him obviously, he thinks that he can bluff his way out of it and the courts i think, whats going to happen in court is the most important, what happens in the public now youll have divergent opinions. But once the judges get their hands on the cases a lot of the nonsense stops. Cy vance, very important and fascinating moment in history. Appreciate your time, sir. Yeah. U. S. Markets taking a tumble after Credit Ratings agency fitch downgraded the u. S. Debt for the first time in 11 years. They announced another major downgrade a second human body recovered in the Rio Grande River near that barrier of buoys set up to deter migrants to cross into the u. S. Well take you live to the state just ahead. Sweating all night. No kicking off f the covers. Or blasting the air conditioning. 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React to fastmoving markets with dynamic charting and a Futures Ladder that lets you place, flatten, or reverse orders so you wont miss an opportunity. E trade from Morgan Stanley were just a few hours away from the market opening. Waiting to see if the stocks rebound. Fitch downgraded the u. S. Debt from its highest aaa rating to aaplus, first time weve seen that 2011. Julia, glad to have you here. Whats going on with market, really about the downgrade in. Not really. Series of events were bad. Great jobs data. The other thing the markets are doing incredibly well this year. S p 500 up 18 . Nasdaq, up more than 30 . Taking a bit of money off the table here, the Credit Rating situation was a good reason to do that. It was a work shot from fitch. As they said the numbers tell the story. Debts too high. Interest rates cost in america are enormous. Yesterday the treasury came out and said, hey, were going to borrow aheck of a lot of money in the third quarter, more than people expected, that hit a sore spot that fitch already created. Bank of america coming out confounded at why this happened now. Theres a question about time zblg there is. You can why now . You can also say why not now . Nothing of this is new. Re none of this changed. Less than a couple of months ago. Why not now . Would be the answer. Warren buffett said it best today, he said there are some things to worry about, this wasnt one of them. In tend you buy america if theres a crisis. Thank you. Julia, appreciate it very much. Also new this morning, two bodies were found in the area of buoys, the cause of death and the identities of the two deceased people remain unclear. Lawyers in texas are trying to figure out how many migrant families have been separated at the border. Rosa, i want to start with the bodies that have been discovered. What do we know about the second body that was discovered. Reporter mexicos Foreign Ministry isnt saying a lot about this, the nationality hasnt been identity from what i can tell you, i can give you context how deadly this portion of the rio grande is, i have been to this area doing stories about how deadly it is for migrants just last year when i was there i interviewed the sheriff he was finding Migrant Bodies on the rio grande every single day, so much so the medical examiner ran out of room to store bodies. The local funeral home ran out of room. The sheriff had to get a mobile morgue and at the end of the day the community had to start burying bodies. Now back to the buoys, The Big Question here, were the buoys contributing factor in both or one of these deaths . We dont know about this. It should be investigated and mexicos Foreign Ministry said they are invest gating. Phil. I want to ask you about you see Family Separation In Ed Lines and it grabs your attention. Its now back in the headline. Help us understand whats happening with this iteration of family separation. Reporter you know, i talked to several attorneys, one attorney said that at least 26 migrant families have been separated, they were all venezuelan Asylum Seekers and these that these migrants describe the scene, waving them on and then rounding them up and separating them, how does the separation actually look like . According to these clients from this one attorney, they say that the father of a family unit is arrested for criminal trespass under state law and that the mother and child are turned over to texas admitted to this, instances in which dps has arrested male migrants on ste charges with their family when the alleged crime occurred, children and their mothers were never separated instead turn over to u. S. Board patrol. Most of these are Karim Mall Trespassing arrests were happening at a public park, phil, in an interesting twist, earlier this week, city council overturned the affidavit that allows texas dps to make these arrests in a public park, we asked texas dps about this and we havent heard back. Interesting to see if theyll continue to be at this public park because they deployed shipping containers. Were continuing to follow up to see what happens with this. Rosa, thanks so much. Special counsel jack smith praising the officers who protected the capitol. And democracy on january 6th. One of those officers, Brian Sicknick who died the day after the attack, his family will be with us after the break. Could change the way we fight respiratory diseases. And the company thats gettiting us there . Moderna. This changes everything. Do you struggle with occasional nerve aches in your hands or feet . Try Nervive Nerve relief from the worlds number one nerve care company. 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At creative planning, our Money Managers and specialists Work Together to make sure your portfolio and wealth are managed in a taxefficient manner. Its what you keep that really matters. Why not give your wealth a second look . Book your free meeting today at creativeplanning. Com. Creative planning a richer way to wealth. The men and women of Law Enforcement who defended the u. S. Capitol on january 6th are heroes. They are patriots and they are the very best of us. They didnt not just defend a building or the people sheltering in it, they put their lives on the line to defend who we are as a country and people. Special counsel jack smith praises the officers who protected the capitol and democracy during the january 6th riots. Smith called the heroes as he announced a third indictment against former President Donald Trump on tuesday night. This one over efforts to overturn the 2020 election. The mob that brutally attacked officers with flagpoles, bear spray, police barricades. Trumps supporters injured more than a hundred officers during that attack. One brave officer lost his life the very next day. Doctors said Brian Sicknick suffered several strokes hours after protecting the United States capitol from rioters. Joining us now is the late officers mother and his brother. Thank you very much for being us. Thank you for having us on. I want to start, im down in washington normally, ive seen you guys at the january 6th hearing, you had a very strong presence in d. C. And this indictment was different than everything weve seen, what was your reaction to it, gladys in. It made feel good that something good came out of it. I want to thank jack smith for doing what he did and the january 6th committee, if it wasnt for them this wouldnt have happened. This would have been swept under the rug and so, im just hoping that it helps with, you know, for closure. For especially the Police Officers that were hurt. You talked a lot not wanting brians death to be forgotten and for it to stand for something and all the good that he was in world, what gets you to that . How do we get there . I dont know. Im having a hard time before we came on air, brians birthday would have been last sunday. His birthday was last sunday and i had a hard time, really hard time. Because i think, because were not done there so much anymore, All Of A Sudden im grieving, grieving just kicked in. I didnt have time before. Because we were constantly on the move and doing. You guys are if contact with a number of brians former colleagues, how the Capitol Police departments were very rattled afterwards, grief hits at different times, how are they doing the folks you still talk to . I cant speak for them per se, like us theyve had, you know, trying to figure out what happened and why it happened, of course its a loss and it lost many officers over a short period of time. Brian was first. A few others passed away from suicides later on. They have had a very rough couple of years. As far as where theyre going to long term i dont know. We were at a Graduation Ceremony for a class a while back, they started actually getting people through there again, but its tough for everyone involved. That was supposed to be one of the safest Police Forces to work with in the country. I was very happy he became a Police Officer in washington, a very safe place to be. You never could have imagined that this. No. Whats the broader impact on your family. You talked about how grief comes at different times. Its hard for everybody. They were close with him. He was a lot younger so he was, you know he was my little shadow. He was. But, you know, never had to yell at the kid ever, never. He was just as good as he witwas. Experimental model. Can i ask you, what you have been through and what youve seen in the wake of this indictment this week . What comes to mind when you think about the fact that the former president is now the clear leading contender to be the republican nominee, he could be president again, entirely possible. Its very, very scary to me, what really stands out in my mind if he becomes president , hopefully he doesnt, that hell pardon all these people that have been behind bars, that belong behind bars. You know, hes going to be in jail and run the office of the white house from jail . I dont know how this is going to work. It doesnt make any sense and how people follow him. I just dont get it. Its frightening who so many people believe in this demagogue, you look at anything in his past, ive read books from his niece, ive read books written from people who served in his cabinet and the man is a sham, hes an extremely good con artist apparently and he keeps the con going, so many people convinced hes something super special, why would somebody who claims hes billionaire have to have middleclass and poorer people pay for his legal bills for his various pacs. It boggles the mind. Well continue to think about your brother, your beloved son, throughout this. Im sorry that youre going through so much grief right now. Youre on our minds. Thank you. Hopefully we can move forward as a nation and somehow get people to listen to reason. Thank you. Ahead for us, another tragic story, the wife of the suspect in the Gilgo Beach Murders is now speaking out about her husbands alleged crimes. Her attorney joins us. vo verizon Small Busisiness Days Ae coming. From august 7th to the 13th. 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He is the Prime Suspect in a fourth murder. Tuesday prosecutors handed over a trove of evidence, thousands of pages of documents and surveillance have a. Take a look at these photos from inside of the family home. Piles and piles of boxes and personal items and a hole cut out of a vinyl bathtub. Robert mass dino, the attorney for heuermanns wife, is with us. Thank you. My apologies. I appreciate your time. There have been so many developments this case so far, especially this week. Can you share with us what your client spoke with her husband i know she filed for divorce about . I wasnt present for those conversations. I know they have spoken from the facility. Those calls are all recorded, so we have instructed her to keep it limited to basic information, nothing about the aelgts or anything in the media. I am not sure what the conversations were about. They have children, grown children, and she is going through this, as are her children. I wonder if you could speak to, you know, beyond the law, just the human impact on them from all of this. Well, the human impact, they were displaced from their residence a little over two weeks. Prior to two and a half weeks ago, their life was normal. They were living out of cars, family and friends staying at hotels, and then returned to a home totally destroyed, upheaval. Every item was emptied out of every it dresser drawer, bean bags they are sleeping on now were cut open, backyard dug up. Total destruction of personal property in the house, which i dont believe was necessary to extract any forensic evidence out of the house. Seems to be a lot of overdone damage. Has your client been contacted directly been investigators . I am wondering if she would cooperate potentially testify against heuermann, or would she assert spousal immunity . She has not been contacted. We have not been contacted by the investigators. She has not been interviewed. We are assuming that all of the allegations that we are reading about are true. This is completely emotionally overwhelming for asa because she knows what we know. She only knows what the media is saying. We are assuming its true. She doesnt believe or had any knowledge this stuff was going on. She is blindsided by this. Are you saying your client believes without a doubt her husband is guilty of these murders . At this point in time, her head is spinning. The only thing she knows is what the media is doing, and she has been bombarded by the media 24 7 with allegations and the d. A. Put forth a 32page Bail Application which detailed the c case. He is presumed innocent. We have convicted him in the media and she is trying to keep her own sanity and her childrens sanity together, not even addressing the allegations against him. Trying to get to clarity here so our viewers understand. Does she have reason to believe her husband may be guilty of these crimes . She has no reason to believe that because she if its true, and we are going to assume that for a second, it was a complete double life. She had no knowledge, no recollection that would give a hint this was going on. If its pronven to be true, she is blindsided. So she hasnt been contacted by investigators. Does that mean i suppose, because there is a question of dna. Our reporting from our colleagues has been that prosecutors would like more dna samples, for example, from heuermann, from the home. This means she hasnt been contacted for any additional dna samples, correct . We have not been no, we have not been contacted to give any dna samples. Okay. One of the one of the other questions to people you just said, look, if these allegations are true, it would have been a complete double life. There are people who are wondering, who believe that he is guilty. Obviously, families of victims here as well. They are saying how could you not have known . Would you like to speak to that . How could she not have known . If its true, because people have convicted him already. Once the arrest is made, we are presumed innocent this this country. A majority of the public has convicted him, saying this must be true. So then we are transposing that on to her. How could you not know your husband did this . So at this point in time, this is overwhelming to her. Her life has been put in upheaval, as her childrens. Her husband is sitting jail accused of being a serial killer. She is sorting out her emotions, taking care of her children before addressing whether or not the allegations are true. She will start sorting out her own emotions. She needs to survive right now. I appreciate your time and we will see the evidence play out yeah. Go ahead. Thank you. Appreciate it. Sorry. Didnt mean to cut him off there. Appreciate his time. Hours away from former President Trump arriving in the Nations Capital to be arraigned. What to expect. Thats ahead. 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