Happening now in the newsroom, a heartbreaking loss for u. S. Womens soccer. Off the post sweden can win on this kick. Plus one on one with Donald Trumps lawyer who claims trumps efforts to overturn the 2020 election were aspirational, not criminal. And lost at sea for two days in a boat only 12 feet long. Well show you the incredible rescue. Youre live in the cnn newsroom. Hello again, everyone. Thank you so much for joining me this sunday, im fredricka whitfield. Donald trumps lawyer doubling down that trump was within his First Amendment rights when he told former Vice President mike pence not to certify the election results. The Attorney Says it all boils down to the way he asked. And all of this played out in the open. Its all free speech. There was a Supreme Court decision that says when youre exercising free speech, youre not engaging in a fraud on the government. Unfortunately most people dont understand thats just one example of the actions. Its very political. Thats just one example and this is a long list that we compiled from the indictment. There are its more than a dozen not speech, actions that the former president allegedly took. Like what . Where do i even start . Tell me. What actions . Having the arizona speaker to interfere to ascertain a speech. Its speech. Its not action. Almost all alleged Criminal Activity has to do with using words and speech. No. This is obviously the defense that youre going to use and it will be fascinating to see how it works out in a court of law. I want to move on to another issue. No, i want to tell you, though. You make an interesting point because youre saying that asking is action. No, asking is aspirational. Asking is not action. Its core free speech. The press should be defending free speech in this case because its the most protected speech. Attorney john lauros comments coming after a federal judge denied their request on an extension of a possible fr protective order. And also theyre calling for the judge to recuse herself. He has pleaded not guilty to all federal charges. I want to discuss this. Jamaal is a former assistant to the Attorney General and nick is a former Assistant Special watergate prosecutor and former assistant u. S. Attorney for the Southern District of new york. Good to see both of you. Jamaal, first, whats your reaction to lauras argument . Look, i dont think lauras right. The president can certainly say a lot of things publicly and engage in his right of free speech. What he cant do is ask someone to engage in comment that is illegal. The asking doesnt mean its covered by the First Amendment in that context. In this case the president did all sorts of overacts, at least is alleged to have that if proven could subject him to criminal liable notwithstanding the First Amendment. Debating free speech on television is one thing but how would this Argument Hold Up in court . It would fall flat. This argument is total nonsense. Every charge always spch connected to it. There is always a question of whether that person lied and whether that lie is in furtherance of something that person tried to steal. Every case where i was a fraud case, i would tell the jury this case is about lying and stealing. Here it was lying about the election, lying about a rigged election and then trying to steal the election from joe biden. Simple as that. And jamil, last hour i spoke with john dean who said that nixon and trump were similar in the way that they would pose their commands as questions and as it pertained to watergate, nixons ask was not aspirational. Do you see trumps ask in the same way . You know the president is innocent until Proven Guilty by reasonable doubt by a group of his peers they have a strong argument to show the president did act to obstruct the government and freedom of speech. That doesnt really change the fact of what he was asking people to do and what he sought to have do and the end purpose of his efforts. So is this really about trying to taint perhaps a prospective jury pool knowing that this kind of argument is not going to fly in court but maybe in the court of Public Opinion . Well, im not sure about tainting a jury pool but certainly trying to set the Public Perception of the case and try to engage in the narrative that the president has eng engaged in from the beginning, which is that, a, the election was stolen from him and that this is a conspiracy to undermine his ability to a candidate and represent the average person. If youre an average person, you have to ask himself how is this billionaire who doesnt have anything in common with me representing me out in public . And the trump team tried to get an extension. The judge denied the request. Is this part of the trump Team Strategy to delay, delay, delay. No question. This was the wrong issue to try and delay on. First of all, the issue here was whether or not they would agree to the order, the protective order, the exact same protective order that was filed in miami court, the same one they agreed to down there, whether or not they would agree to that before they got discovery. So what theyre trying to do is delay that because jack smith is ready, as he said in his papers to Push The Button and to provide them with all the discovery immediately. Secondly, they came up with these absolutely crazy ideas that they have to file papers, that they have to have oral argument. The judge shot back pretty quickly and it was all over the weekend. It was last night that she came down with this opinion and basically said this is ridiculous, in a sense, you got to stick to what my order was. You got to respond by 5 00 monday and if you want, you can take their order and you can mark it up and thats what i asked you to do and im not conferencing any other delays on this. So i think that this is an extremely bad omen for the Trump Defense team because its obvious that this judge is not going to take any nonsense and is going to push this case ahead, and i predict theres going to be a trial date set in january or february of next year. And the judge as a result of her decision this weekend denying that extension. Now the trump team says that they think that she should recuse herself and they claim to have other reasons why. So, you know, jamil, the former Vice President left open that he would testify. Take a listen. I have no plans to testify but, look, well always comply with the law. Look, i want to tell you, i dont know what the path of this indictment will be. The president s entitled to a presumption of innocence. Hes entitled to make his defense in court. There actually are profound issues around this pertaining to the First Amendment and freedom of speech. Im confident he and his lawyers will litigate all of those things. How might pences testimony undermine trumps claims that he was not asking, not demanding, but instead just reallgivi him no options than to try to not certify the election . Well, certainly if the Vice President were to testify against the former president , his former boss and talk about the pressure that he felt by the former president , by the team around him, to certify or decertify the votes and send them back to the states, that certainly could be damning for the former president. At the same time, Vice President pence lays out important issues, that the government does have to prove its case beyond a reasonable doubt. While i agree that the judge is likely to set a trial date soon, it is very possible we could see attempts by the trump team to seek interlocutory appeals. But they may try to slow this down and delay it past the election, which is the goal i think of the campaign because they believe the president gets more political benefits and may be able to stop the prosecution or pardon himself if hes in fact elected. Nick, do you see anything. None whaef sofr. Hes going to be subpoenaed to testify. Hell have no choice but to testify. And his testimony is probably the most significant of anybody in the trial. Because everything comes back to what mike pence would do. Thats why donald trump set up these phony electors so that he could either reject the Biden Electors from the Battleground States or send it back to to try to get the State Legislators to appoint the the Trump Electors in the place of the Biden Electors. This is nothing more than a simple criminal scheme. I must say i disagree that there this case has been designed in a way that is streamlined to unlike with the impeachment proceeding, there is no issue about donald trump telling the crowd to go up to the capitol and do whatever they were going to do. Theyve eliminated that from this. Theyve eliminated all the First Amendment issues. The motions on this particular prosecution are really going to be and will pro funt rally denied. So the idea that donald trump has real issues here i think is snons. Conspiracy to defraud the u. S. , attempt to obstruct official proceedings and conspiracy against voting rights. Thats whats at issue. Jamil and nick, thanks to you both. Thank you. Thank you. A heart breaking loss. The u. S. Womens National Team kicked out of the world cup. Whats next for the team . Get it with gurus. Cargurus. Subway refreshed everything. And now, theyre slicing their meats fresh. Thats why this pro proffers the new grand slam ham. So does this pro. I just love a grand slam. Ham. And if we proffer it, i kn hed love that sandwich. You know, people always ask me, kevin, what does being the ceo of cashbacking mean to you . It means cashbacking every opportunity. Did you cashback on this . Like i wouldnt cashback . Cashbacking by the basket, i see you. Ugh. I dreamt you didnt cashback this flight. Oh good. If youre buying it, flying it, or wining n dining it, then you gotta be cashbacking it. Come on now. Cashback on everything you buy with Chase Freedom Unlimited with no annual fee. How do you cashback . Chase. Make more of whats yours. christina with Verizon Business unlimited, i get 5g, truly unlimited data, and unlimited hotspot data. So, no matter what, im running this kitchen. vo make the switch. Its your business. Its your verizon. Now to that raheart breakin defeat at the womens world cut. You can see the usa missed that penalty shot and sweden scored a goal, ending the usas chance at a Third World Cup title. But we still love them. So this is a Crushing Loss for them and time to regroup. Yeah. I mean, we kind of got the sense from their early games of this tournament that they were struggling and its a shame for the u. S. Team because they actually played really, really well against sweden today. They had 11 shots on target. The swedish goalie was brilliant and saved every single one of them. But when it came to the u. S. Teams penalties, i dont think we would have expected them to miss three. It couldnt have been any closer. But thats the way it goes. And this team has really been spoiled with success. Theyve earned it over the years. Oh, yeah. But this is a disastrously early exit when you think theyve all made at least the semifinals and here they are going home before even the quarterfinals. A first for them. The team and coach were devastated but think they deserved to go through. Have a listen. Im very proud for them and devastated for them that they have to go out the way we did. We deserved to win this game. I thought we created enough to win this game. Penalties, to be frank, they suck. Theyre cruel. Ive gone through too many in my career and this is, im proud of every player that stepped up to take a penalty today. Its courageous to go take a penalty. So im very proud of my team. Shes right. Penalties are awful. Theyre very entertaining when your team is not involved in them but theyre horrible to be a part of. Theres the olympics next summer, the American Team very historically successful there. As to this tournament, its wide open. Weve seen canada, germany the twotime champions, all out now, the u. S. Its exciting but this team are not the only ones to go home early. Still many reasons to watch. Okay. And then theres the mlb or at least there is a moment that a lot of people are watching, family, right . Do we want to see this . This wasnt baseball. This is basebrawl. Absolutely. What happened . A bit of a hesitation there. It was almost as if you had them touch gloves and say have at it. I would say anderson threw the first punch and ramirez responded. Both managers ejected, the players ejected. But boxing stance . Oh, no it looks like they kind of knew what they were doing in that regard. A lot of people were watching this of course. This is the biggest brawl weve seen in the league this year. The League Office is going to have some work to do figuring out potential suspensions here. Well see what kind of punishments are handed down. Ill wait for the follow up on that. Thank you so much. Coming up, a former intel official issuing a warning about former President Donald Trump saying he poses a significant threat to homeland security. He joins me live next. Will wor cpa to determine if your company is eligible. [whip sound] take the first step to see if your Small Business qualifies. The chase Ink Business Premier Card is made for people like sam, who make everyday products, designed smarter. 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Are you ready . Im ready alright. Xfinity rewards creates experiences big and small, and onceinalifetime. Im quoting now donald j. Trump poses a significant threat to homeland security. Those troubling words from a Public Safety official former intelligence chief for the washington d. C. Government. Danell penned an oped piece that he describes as the Intelligence Assessment of donald trump that the government cannot right. Hes currently working for georgetown universitys emergency and disaster oins me now. You say the former president has become a unifying figure for violent extremist grou, writing this, im quoting you again now, the former president has become a focal point of domestic terrorism and by not denouncing them and sometimes courting tm, he has been adopted by these groups as a de facto spiritual leader. In some ways trump has also co opted these groups to boost their support. This makes the president a leading driver of domestic extremism. What do you believe federal intelligence, National Security agencies would say about that assessment and what do you want your warning or assessment to ultimately employ . Well, thanks for having me on, fredricka. I think what they would say is no comment. Thats why i wrote it. I wrote the assessment that me and my colleagues could not write. The problem is that Domestic Intelligence for many years has strayed away from getting away from domestic politics. Its not good business. Civil liberties, civil rights. The issue we have right now is politics is encroaching into homeland security. When you have political officials who basically cause violence, we call that socastic terrorism. They say knock their teeth out or they dock the former president , give his address out online for people to go and stock him. T stalk him. What i really want them do. This is a Civil Society problem. If were waiting for the government to fix the issues we have with radicalism and domestic extremism in this country, well be waiting for a long time. Hmm. If say, for instance, the Intelligence Agencies in your view wouldnt say anything out loud about your assessment, they wouldnt comment out loud, what do you believe these agencies are groups my be doing to respond to an assessment like this . I mean, it wouldnt be just your observation but your colleagues who might be making the same kind of assessments or assessments period. What do you suppose they might be doing behind the scenes . Well, i tell you exactly what theyre doing. By the way, over the last 24 hours since the political piece dropped, ive heard from dozens of former and current intelligence officials that i know and some that i dont know who applauded me for saying and speaking out words that they cant. What theyre doing is playing whack a mole to be honest with you. They can track these violent extremist groups, make sure they are not plotting attacks or violence but at the end of the day they cant do anything about the driver. As i said in my piece, donald trump is actually the driver. Theyve coalesced with him. These groups weve been tracking for decades and they dont communicate with each other and dont plan with each other. On january 6th we saw them coming together under a common cause, under one banner. Its not going to probably go away with a trial and conviction or anything of donald trump, so this is a bigger problem. Thats why i wrote the piece to tell people what the Intelligence Community is saying behind scenes and to let them know that were really in for a rough road ahead in terms of domestic extremism. Lets preview a little bit more about what you say. Advocated violence during hushis time in office, whether it was suggesting that protesters should be roughed up or praising those who engaged in violence against journalists and his rem remarks encouraged a disregard for the rule of law and sanctity of Peace Protest but more significantly, he normalized the knows of politically motivated violence. What do you believe based on your assessment can or should be done . Im glad you picked out that quote from the piece because i think thats the pivotal part. Heretofore before the Trump Presidency weve always had violent domestic extremism but what we saw with trump and the normalization of violence in the political realm is normal people, people who had no criminal record saying its okay to do this, the president s call me to do this. You see this time and time again in testimony from january 6 defendants. And i dont want people to think im right or left, youre also seeing i think a whiplash on the left. And we see violent activity or people saying theyre going to do things that are violent in these radical left groups starting to emerge that we havent seen in over a decade. When we have the right doing violence and the left talking about doing violence, we can talk all day about some of these left groups weve been tracking, i think it becomes very troublesome. The reason why i say this is not a Government Solution is because once the government gets involved, it becomes freedom of speech. And the viewers should know this, its not illegal to be radicalized in this country. People may be shocked by me saying that. You can be radicalized as much as you want to. Its when you mobilize down the path of violence and actually take action in the name of your radicalization, name of your cause, thats the problem. From a Law Enforcement standpoint, that period between radicalization and violence can be so brief that theres nothing we can do about it. Its a powerful assessment that you did pen. Were glad that youre able to join us as well to talk further. Thank you. All right, coming up, a 25yearold was found alive after missing for days at sea in a partially submerged boat. Details about the u. S. Coast guards Rescue Efforts next. We y when theyd arrive with a replacement we couould trust. Thats service the way we want it. Singers safelite repair, safelite replace. Dont cha Written By Callaway ray, rerecorded by massivemusic Camera Shutter dont cha wish your phone was fun like this . Dont cha wish your phone s fun like this . Don cha wish your phone was fun like this . Dont cha wish your phone oked more like this . dont cha wish your phone could flexike this . dont cha wish your phone could fit in here . Dont cha . get a free storage upgrade when you preorder at at t. Rsv can be a dangerous virus. [sneeze]. For those 60 and older. Its not just a cold. And if youre 60 or older. You may be at increased risk of hospitalization. [coughing]. From this highly. Contagious virus. 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He was spotted by a helicopter about 12 miles offshore. Camila bernal joins me with more. You spoke with the father of that man. What did he tell you . Reporter i talked to raymond gregory, and hes charles dad. Charles is 25 years old. His father telling me he went out on friday at around 4 in the morning to go fishing. He says this is something he always does, has been doing it for years. This time, though, the father saying he didnt realize that the tide was going as fast as it was and a wave came crashing in and capsized his boat. So he says once that happened, he lost his throw cushions, his cell phone, his life jacket. He had to remove the motor of the boat and just try to hang on to this boat for as long as he could. The father also saying that of course hes getting sun burnt while all of this is happening because theres obviously no shade. He says he sees sharks, big fish, theres jelly fish biting him and, again, hes just trying to hold on. He says he does see the helicopters, other boats. So he takes off his shorts and starts waving it in the air but nobody sees him. Again, he just holds on. And he says that the worst part about the whole thing was the nighttime because he says he was so sun burned and the wind just made it freezing cold so he would try to get back in the water just to warm up but it was incredibly difficult for him, according to his father. Thankfully the coast guard rescues him on saturday. He says, look, he is dehydrated, he is having difficulty moving, talking because hes so sun burnt and the bites and he says t his muscles, the tissue was breaking down. He is going to require some help over the next couple of days but the father is saying he is going to be okay. The father told me the moral of this story is to never give up. He held on to that boat and never gave up, fred. Were so glad he never gave up. That is an incredible story of survival. It really is. Im glad hes able to tell it. Thank you so much. And thanks to his dad for helping to fill in a lot of those blanks. Stel ill ahead, a los angel suburb is under quarantine because of a fru fly that is posing a threat to major agriculture. Thats next. Hes c cocky for a nineteen year old. Hey bud. Wow. Whats all this . Hawaii was too expensive so i brought it here. You know with priceline you could actually take at trip for less than all this. I de a horrible mistake. Go to your happy price priceline you know, people always ask me, kevin, what does being the ceo of cashbacking mean to you . It means cashbacking every opportunity. Did you cashback on this . Like i wouldnt cashback . Cashbacking by the basket, i see you. Ugh. I dreamt you didnt cashback this flight. Oh good. If youre buying it, flying it, or wining n dining it, then you gotta be cashbacking it. Come on now. Cashback on everything you buy with Chase Freedom Unlimited with no annual fee. How do you cashback . Chase. Make more of whats yours. 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It originates in asia and is considered a serious threat in california. The manager for the California Department food and agriculture, lets start with exactly how do you quarantine almost 80 square miles of an area in an urban setting, even if its to try to protect their produce . We started out by putting notices on the sites where flies were found or to inform the residents to not move any fruits or vegetables off their property, keep it on site and consume it on property. And we have a pest Exclusion Post that wainforms the regulatn in effect and brings them to safeguard their products. Everyone has the experience of the fruit through hovering around the produce, which are all a real nuisance. What is the difference . These are much larger flies, about the size of house fly, bright yellow and black, colorful animals. They have an Egg Laying Ability to pierce healthy fruit and lay eggs inside it. Most of the regular fruit flies only affect things that get old. So this fly has been detected in california a few times before, right . And it was eradicated at the time. Are you optimistic it will be this time, too . Yeah, definitely. I think weve got a really good program in place. All of the flies that weve found are clustered into one fairly small neighborhood thats surrounded by Dry Mountain Terrain that is inhospitable to flies. I think were on top of it and its just a matter of for the next couple of months prevent the flies from spreading from the area and eliminating those there now. Earlier, i mentioned that there had been 20 invasive fruit flies found on one particular ranch. What kind of concentration are we talking about in this 80 square mile area . Yes, were up to 34 flies now that weve trapped, and we havent found any larvae yet. Its one neighborhood that was built where the ranch used to be and all of the flies have been found within maybe 500 meters of each other. How did they get here . Do we know . The most likely pathway for fruit flies to come into the United States is when travelers travel somewhere and bring back fresh fruits and vegetables with them from another country or when they have a package mailed to them. We saw with the pandemic everybody started Buying Everything online. I think a lot of it may be getting shipped in from abroad. Fascinating. Jason, thank you so much. Glad you could be with us. Hopefully the problem gets solved soon. Yeah, thank you. 80 Million People are under Heat Advisories or excessive Heat Warnings across the south and southwest. The dangerous record breaking numbers will bring temperatures as high as 110 degree in parts of new mexico and arizona. Allison. Reporter right, fred. Not a lot of places dealing with temperatures below average, and for the ones that are its really due to all of the rain and the shower and thunderstorms in the forecast. But for the southern tier, its still hot yet again. Its what we feel like were on repeat for much of the summer. Youve got heat alerts stretching from California All The Way to florida. In fact, florida and louisiana, the entire states, are covered with some type of heat alert. Now, in the gulf coast region, the big concern there is not just the temperature but also factoring in the humidity. Take corpus kristy. The High Temperature today of 97 but the feelslike temperature tops out at 115. New orleans not much better, the High Temperature likely to get up to 98 but the heat index around 112. Out west its not much better. Placing like tucson and sacramento looking at temperatures today about ten degrees above average. Take albuquerque, new mexico. Yesterday, saturday for example, topping out at 102. That is their hottest august day ever. Now, there is some relief in sight for albuquerque specifically. We will finally start to see those temperatures dropping back down a bit this week. Keep in mind their average this time of year in the summer is still 90 degrees. Well still be about 5 to 7 degrees above normal but not quite the 10 to 15 degrees weve seen for much of the summer. More records yet again possible for several locations from arizona all the way to florida, not just today but really for the next several days. And some areas could break those records two, three days in a row. And thats been a problem for many locations this season. August, for example, 29day stretch in a row and el paso, 49 days in a row of temperatures 100 or more. Their average in the summer is only 95. Imagine having those temperatures five to ten degrees above rachlk for 45 Straight Days . No, i cannot imagine. That is brutal. Thank you very much. The oceans unprecedented High Temperatures have conservationists racing to save coral reefr s off the. Ive watched the disappearance of that diverse marine ecosystem. Are we ready . All right. Lets go down but then i says, you know what . Im going to do something. I truly believe were going to be successful with this restoration work. Its amazing how fast this coral is growing. I see things every time i go in the water that give me hope. I love being a part of it. I wake up every day and say, look what i get to do. Very cool stuff. The full story and to see mikes group in action, go to cnnheroes. Com. vo ninetytwo percent of students inin highneeds schools cant afford essential school supplilies. Subaru and our retailers are there to help by giving millllis of dollars in funding along with School Supplies students need. We call it the Subaru Love Promise and we are proud to behe largest corporate supporter of adoptaclassroom. Org. Its just one of the reasons forbes ranked subaru the number one automotive brand for social impact. Subaru. More than a car company. Power e trades easytouse tools, like dynamic charting and riskreward analysis help make trading feel effortless. 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And thats just a bit of Psychology Julian learned from noom weight. Sign up now at noom. Com. All right. Barbie just made history. The film, which has sparked a pop culture phenomenon, has raked in an astounding 1. 03 billion so far at the global box office. So this makes barbie writer director greta gerwig the first female director ever with a 1 billion movie. According to experts, only about 50 films in history have hit that mark. Barbies Global Success has been driven by Box Office Sales in some of the largest movie markets including the uk, mexico, china, and australia, where it has been the number one release every weekend since it opened according to tracking site box office mojo. Barbie was distributed by warner bros. , which is owned by cnns parent company, warner bros. Discovery. All right. Over the last ten years, dr. Sanjay gupta has reported on how Medicinal Cannabis has been lifesaving for so many. This sunday, The Whole Story with Anderson Cooper brings you the latest installment of the awardwinning series weed, but this time sanjay explores how lifechanging it might be for older adults. Iris . Yeah. How are you . My wifes mother and sister and aunt, they had alzheimers. It scared her half to death. They progressed very slowly. Maybe four years ago, she cried for a half an hour every morning like clockwork. This is fullon crying . Crying. Did they try different medications . She had enough antidepressants to keep an elephant calm, and still she cried. In 2019, they started a Pilot Program here at morse life. Its a Senior Living community in florida. Hi, iris. Iris was given cannabis. You look so beautiful today. Dr. Melanie bohn runs the program. We do cbd. All of the different cbs in them and the terpenes. The doctor gave her one. Stopped crying. Done. Iris. Here we go, sweetie. Takes one in the morning, one at night. Its over. That sounds extraordinary. Magic. It was so impressive how that worked. Kind of like charlotte figge, where you see the seizures changing and go, oh, my gosh. It is worth remembering that these behavioral outbursts in patients with dementia can be some of the most difficult to management what is interesting is that the researchers thought that they saw these benefits in children with seizures and thought those same benefits could actually apply to patients who are much older, patients with dementia who are also having outbursts. And so far what researchers have found is that in some cases, in some patients, it has worked, worked really well, as you just saw there. Its not going to work for everybody, and there are concerns. As youve seen an increase in cannabis use among seniors, youve also seen an increase in e. R. Visits related to cannabis use. So its not a panacea. It needs to be something thats carefully controlled. But, again, for some of these patients who have had real challenges in managing behavior, especially associated with dementia, not only does it seem to work, but for some of those patients, its the only thing that works. Pretty remarkable. Sanjay gup, thk you so much. And be sure to tune in to an all new episode of The Whole Story with Anderson Cooper. One whole story, one whole hour airs you tonight at 8 00 p. M. Eastern and pacific only on cnn. Saving some good news for last. A rare walrus calf was rescued after he was spotted wandering alone in Northern Alaska and is now under 24 7 cuddle care. The Pacific Walrus Calf is about 1 month old and weighs nearly 140 pounds. It was found four miles inland and has been battling dehydration and infection. Officials say such a distance from water is unusual for walruses, especially alone since calves depend on their mothers care for the first two years of life. The rescued mammal will receive roundtheclock care including cuddles to mimic maternal closeness. Thank you so much for joining me today. Im fredricka whitfield. The cnn newsroom continues with jim acosta right now. Youre live in the cnn newsroom. Im jim acosta in washington. Good evening. Former president Donald Trumps lawyers now have about 24 hours to respond to a legal filing related to his