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Because a clearchoice day changes every day. Schedule a free consultation. Were reinventing our network. With smarter, more efficient routes. So you can deliver more value to your customers. Fast. Reliable. Perfectly orchestrated. The United States postal service. That does it for us. That is continues with Caton Collins and the source. Tonight straight from the source. The man investigating hunter biden is now is Peschel Council and Hunter Bidens attorney will respond in his First Exclusive interview. Plus a judge lays down the law for donald trump. He reminds the former president that he is now a criminal defendant whose right to free speech is not absolute. And of the daft the Death Toll Climbing in maui as rescuers are entering some of the hardest Hit Neighborhoods for the first time most of which have been burned to the ground. Im Caitlin Collins and this is the source. Good evening tonight we start with tonights big story which is news that we learned today regarding the Special Counsel investigating hunter biden. It is the same person who has been investigating him for several years, david weiss, a u. S. Attorney who was appointed by former President Trump but today we heard from Attorney General Merrick Garland who announced that david weiss was now asked to be made Special Counsel. On tuesday of this week mr. Weiss advised me that is in his judgment is investigation had reached a stage in which he can continue his work as a Special Counsel. I consider his request as well as the if ordinary circumstances related to this matter so i have decided it is within the Public Interest to appoint him. Joining me for an exclusive interview is one of Hunter Bidens attorneys, abby lowell. Thank you for being here. When did you find out about the Attorney Generals announcement . I think all of us found out about the time you found out which was somewhere between midmorning and the time the Attorney General spoke and while we didnt know that was going to happen given what was happening it wasnt a surprise to see where it went from here. I am assuming what you are referencing is how the legal team and david weiss are trying to privately negotiate a plea deal. Were you surprised that trent fall asked to be made Special Counsel in the middle of that . I think the point of surprise, not quite right. Heres what people should focus on, caitlin. What happened today as a practical matter is not much different than what was the case yesterday or three weeks from before. The Attorney General and mr. Weiss have been set for weeks. He had all the authority he needed to bring any charge that was merited at any time that was appropriate in any place that made sense. And so, the power that a Special Counsel has is the special power he has had. So from a practical Point Of View, nothing really changed. His title may change as you also need to remember the most important fact and you alluded to it already. After five years of what has to be the most thorough investigations that office has ever done, started by a Republican Attorney general, given to a republican u. S. Attorney, using a experienced career set up prosecutors, the only charges that were appropriate would be to misdemeanor failure will to file charges and a diverted gun charge for the 11 days that hunter possessed a gun. And that was after five years of pain staking investigation. Whatever his title is and whatever happens next, we are confident that should be the same conclusion. It is still certainly a question, but you know as well as i do that Special Counsels have a lot of leeway. Are you worried that this will become a much broader investigation than it is right now . Two things. His title became Special Counsel today. His powers were the same yesterday. Whats different . It doesnt make any difference given what we understand. So, what does a Special Counsel do that he couldnt do . The answer should be nothing different. As to why now or what he wanted this as of last tuesday, thats a question you will have to ask him. From our Point Of View it should not change the outcome. A conclusion was to tax misdemeanors and a diverted end case. There has been no evidence or fact that was not uncovered. He hasnt said in the proceedings that occurred on july 26 there are a lot of hypothetical questions that the judge asked as to whether the remit covered this about. You have five years, painstaking investigation looking at every possible transaction that mr. Biden was involved in concluding that the only appropriate charges were to misdemeanors and a diverted gun charge. What could possibly change after five years . The answer is not the facts . Its not the evidence, its not the law. If anything changes people should ask what else came into play . You are saying there are no changes . Special councils can staff up and have quite a budget. And if for whatever reason we end up in a place where there is something different. Therefore, i should be confident and we should be confident that you can change a persons title, but you shouldnt be able to change their conclusion. One thing that out to me was carla describe the investigation is ongoing which was notable because chris clark said weeks ago the entire thing was resolved. That was the word that he had used. What was the discrepancy there . The proceedings on july 26 obviously disclosed in agreement. And the disagreement was that we said what we understood the agreement to mean which was what chris said. Let me ask you and anyone whos paying attention the following question. What group of experienced attorneys would have their client plead guilty on monday to a misdemeanor believing that the prosecutors could bring a felony on wednesday . So as to what interpretation of the agreement made the most sense . I turn that question to you to answer it. So theres only a few answers to the dilemma. Either there was a garbled communication between the sides, possible. It could be somehow the prosecutors thought they were making a statement that they turned out either not to be accurate about or not to be specific about or it could be as you saw in court that they seem to be changing their position as the proceedings went along. There certainly seems to be confusion from the prosecutors and from Hunter Bidens defense team over the agreement. Whether or not charges could be brought in the future. They filed papers today basically indicating that the two sides are still at an impasse. Do you now anticipate this will go to trial . All i can say is a little bit of what i said a moment ago which is if the prosecuting office that were made up of republicans and Career Prosecutors after five years believed the proper charges for what happened on july 26th then that should be the conclusion tomorrow, next week or in the weeks following. Thats what im confident should happen and should Something Else happen and into things. If this was the conclusion after all this time it would change and it wont be the facts and the law and then the question is what will happen . We will have to see. I am not saying that is not possible that what was appropriate one month ago is not appropriate now. We will have to wait and see. But i can tell you that listen, one of the things you know about whats happened is that hunter has done every right. Cooperated, provided all the information, was willing to make sure that if something was found he would accept responsibility and thats what he was going to do and was willing to do. The one thing hes not willing to do and will never do is to accept responsibility or say hes done something he did not. As the charges were filed before that fits into his idea of respect responsibility. Should anything change, we will rate weight. We will bring to the attention of the a court court. You just said are we concerned upset or worried that there will be additional things or there is more staff . Follow the evidence and follow the law. The conclusion should the the same. When you say forest, who are you referencing . From the moment this arrangement and agreement has been announced and filed you have every right wing fanatical Person Yelling and screaming and saying its not right and it not fair and it not just and you have the former president trying to use hunter biden as a way to excuse his own conduct and at some point that could pierce, the noise could be so noisy that it gets in the way of the facts and the law. And confident that a responsible prosecutor would not let that happen. Republican say your client is treated differently because of what the name is. It sounds like you agree with that but just from the reserve reverse in a negative way. Here is the point. Millions of americans file their taxes late. Millions of americans may or may not be in a possession of some weapon. A partner and a law firm who did not file his taxes for 11 years and owed money and was able to resolve that with a civil result paying interest and penalties. There have been commentators. We understand that high profile subjects of investigations get more scrutiny, but that does not change the fact that once the mistake was identified, hunter was not running away from it. On the other hand those that think he got some sort of Sweetheart Deal should look at all the other people that have committed the same offense that he was willing to take responsibility for and see what happened to them. And of course there wasnt just the taxes. There was the gun charge. I would like to revisit what you are saying. If you are worried about how broad this can be, ask any president and several of our last president s. I think everyone except obama has had a Special Counsel. Can you say based on what you know theres no possibility that any of Hunter Bidens foreign Business Dealings will in any way connect back his father, the president . Lets start with the latter. Youve had dozens of members of congress and the staff. Dozens of members of right wing Media Picking and trying to find the connection between hunter and his business and other Family Members and they have come up with nothing because there is nothing to come up with. As to your point about special councils, remember this is not quite the Special Counsel that you are familiar with. David weiss was in charge of the investigation last year, the year before that in the year before that. He is in charge of the investigation today and tomorrow. He has a new title, his powers and our view are the same. The evidence hasnt changed, the law hasnt changed, so why after grand jury proceedings, search warrants, interviews and proceedings that came up with two Tax Estimators and one diverted gun charge for the 11 days that hunter possessed a gun should there be a conclusion notwithstanding that he has a new name. That should not be the case. Can you answer the question about whether or not, from what you know if you are confident this will link back to the president . What i know is what the evidence has revealed. Thats what people should focus on. Its not as if this started yesterday. It started for five years with so many people in the United States. Also looking at every Transaction Hunter was engaged in. And what did they come up with . They came up with a decision that the only two charges to file or to misdemeanors and a gun diverted charge. Not any of the other being they have been yelling from foreign agent, none of that. This is not a new Special Counsel. Leading to only those particular charges. How should it be different tomorrow . He was frustrated when that plea deal was falling apart in real time. What was his reaction when the mayor came out and announced that he was being elevated . His reaction was in the following order. First i dont understand the difference because he had all the authority yesterday and he has the same authority today. Second, this is the man who is conducting an investigation who is a republican appointed by Republican Attorney general and had no motive to turn away from any wrongdoing he found after he and his professional staff had looked at everything mr. Biden had done. If its the same guy who look to the same evidence with a new title the results should not be different. The only thing that different that we can determine as of this moment is that he does have he is empowered to write a report and Merrick Garland said he will make as much of that report public as possible. You be surprised by anything . Quite the opposite. The report will be a terrific vehicle to point out that all the crazy allegations made by people with a partisan bent are not the case. That the facts only supported the charge of failure to file. That mr. Biden himself was prepared to concede, admit and state facts that would be in that report that could sustain that which he was willing to take responsibility for. So bring on the report because the report, if it is done based on the facts of five years of investigation will show the world that all these other crazy charges have no merit and that which should have occurred on july 26th was the only conclusion that represented again im sorry to keep saying it the real facts and the real loss. We know you have a noon deadline to respond. We will see what that response is. Thank you for your time tonight. Im glad to be able to be here. We will have more with the central player in this investigation. Ld. And if youre 60 or older. You may be at increased risk of hospitalization. [coughing]. From this highly. Contagious virus. Not all dangers come with warning labels. Talk to your pharmacist or doctor. About getting vaccinated against rsv today. Gives you access to every game. But terry doesnt have directv. Come on. Work for dad here. Now, you can find the game easy. My barbecue is saved get in the redzone with sports pack. Call 1800directv my barbecue is ruined. My Mental Health was much better, but i struggled with uncontrollable movements called td, tardive dyskinesia. Td can be caused by some Mental Health meds. And its unlikely to improve without treatment. I felt like my movements were in the spotlight. 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From the moment this Arrangement Agreement has been announced and filed you have every magda, right wing, fanatical Person Screaming and saying its not right and is not fair and its not just. You have the former president trying to use hunter biden as a way to excuse his conduct and at some point that could pierce illinois could be so noisy that it gets in the way of the facts and the law. Joining me now is gary shapley who worked for the irs. The first irs whistleblower to come forward who testified before a House Committee last month alleging political bias in that hunter biden investigation. Thank you for being here. Are you satisfied with todays decision to elevate him to a Special Counsel the reason we came forward is because we saw things that we had not seen in our history with irs Criminal Investigation and it demanded we came forward or we would meet our oath of office. The announcement today really vindicated special agent ziegler and i coming forward because some of these issues that were basically admitted to today were the crux of why we came forward. When the Attorney General garland comes forward today and what he did is he admitted that the American People were misled by what doj continually told them about the investigation. It is what it is. You ask for Special Counsel and you get it but the most important thing is the American People have confidence in this investigation and that they know that each person is treated the same under law. I dont know how doj can conclude that weiss has that confidence and that the Special Counsel will really resolve any issues. , gary, he did not admit anything. He restated that he does have the independence that david weiss has claimed he has had to charge this to investigate and take this where this investigation goes. He said david weiss had simply asked him to be named a Special Counsel. I think it is an admission by him because in october 7th, 2022 he said that he had to go to d. C. , a President Biden u. S. Appointed attorney weaning he was not the deciding official. Then we know he had to go to california to the President Biden u. S. Attorney and we learned we were told he also turned him down and then we have Attorney General garland in front of congress telling congress and the American People they could have confidence in this investigation because its being ran by a Trump Appointee and he has the charging authority. United states attorney, they denied it and told him to follow the process. That is cooperated. There were seven people there. Two people at that meeting have corroborated what happened so far and there have been no contradictions. I think there is confusion because you said after this and he stated he is not the it deciding person on whether charges are filed but has said the opposite. He told jim jordan in a letter i have been granted ultimate authority over this matter including responsibility for deciding when, where and whether to file charges and he says he stands by what he wrote. Are you saying that hes lying here . All i know is what he told us On October 7th that i documented right then that i sent to a supervisor. They confirmed that what was said. That you have a june 7th letter before our testimony was released. After our testimony is released in the june 30th letter he says again he has that full authority but in the next paragraph he immediately says, but my authority is geographically limited to delaware and then he says he has to partner, departmental practice to partner with the u. S. Attorney. Thats what we really see here. We see a correction by doj because the statements that they have said all along are not consistent with the decision made by Attorney General garland or he wouldnt have had to make it. It biden appointed Attorney General agreeing that he had the ability to charge with a trump appointed u. S. Attorney agreeing. One thing this does compel is a Written Report Made Public at least most of it according to Attorney General. Will that be sufficient for you . Look, the American People have to have confidence that this investigation is fair and you have United States attorney weiss who has investigated this for five years and the plea deal that he approved, as soon as it went to an object a party , it immediately was found to be lacking and it fell apart for lack of a better word and reading whats in the public record. I dont know how now we have any confidence that weiss will now go and look at this independently. He is not independent. We have provided evidence why is he not independent . By definition he is independent. East of the u. S. Attorney in delaware and we have provided multiple pieces of evidence that show that hes provided preferential treatment. They have stymied investigative stacks. Thats all under the United States attorney weiss. We have a lot more questions for you. We are out of time, but thank you for joining us. Thank you katelyn. Ahead as trump is pumping up the volume on his legal troubles the judge that is overseeing his election interference case is warning that if he inflames it more he might go to trial sooner. New projects means new project managers. You need to hire. I need indeed. Indeed you do. When you sponsor a job, you immediately get your shortlist of quality candidates, whose resumes on indeed match your job criteria. Visit indeed. Com hire and get started today. My cpa told me i wouldnt qualify for the erc tax refund, so i called innovation refunds. Their team of independent Tax Attorneys will work with your cpa to determine if your company is eligible. [whip sound] take the first step to see if your Small Business qualifies. Subways now slicing their meats fresh. Thats why subways proffered by this champ. And this future champ. And if we proffer it, we know youll proffer it too. Hes cocky for a nineteen year old. Subways now slicing their meats fresh. Thats why subways proffered by this champ. And this future champ. And if we proffer it, we know youll proffer it too. Hes cocky for a nineteen year old. This is cnn. A federal judge overseeing trumps trial on election interference charges issued a limited protected order today that essentially bars the ex president from publicly disclosing any sensitive evidence from prosecutors and having that to his attorneys. This came in the first hearing where it was trumps attorneys in the room. Point appointed attorneys that he does have a right to free speech but that right is not absolute. She said in a criminal case the defendants free speech is subject to the rules. She also said theres more inflammatory statements that someon e if you keep speaking out in these ambiguous statements, this trial could happen a lot faster than it will now. I think the most important thing is there are bright red lines on what the boundaries are and they can lay down the rules on how they want the defendant in that case got put in jail, so there is serious consequences and i think the judge made it very clear that there are rules here and she is going to proceed in this case as she would in any criminal case notwithstanding the fact that this defendant has a unique day job in that he is running for president. That was a huge part as well because we kept hearing trumps attorneys argue how he is a 2024 candidate. She may clear shes not viewing him as a former president but as a criminal defendant. Very clear. The reporting that was pretty uniform. She is not going to have the campaign run in her courtroom. Nor does she want this trial to become a part of that. So she said shes there to give justice and not to run a campaign so i think that is going to make it tougher for trump to play that game. David, what does it say to you about how quickly he can move . Will you be on the Campaign Trail during trial . I think its very possible. Starting last week i came out and said that i didnt think i didnt think it was going to start before the election, but i think it may well. The discovery in this case is not terribly complicated. The Defense Lawyers have already indicated that they know what motions are going to file. That can get done at a pretty Fast Schedule so i dont think it will happen in january. Im skeptical about whether it will happen before november but it certainly possible. John, given your history and what you have seen from up close at the white house, just looking back in a Bigger Picture at the moment that we are in, where this moment happened today. A typical simple procedure became this big skirmish between the two sides. Next week we could see action in georgia, potential indictment and we are expecting as many as a dozen. What do you make of it all . I make that we have very confident counsel on both sides who will try to cover their turf as well as they can and i have seen many Court Battles that play out and you have got here a judge who knows how to control our courtroom and i think she will. I think the fact that shes not making this the white house on trial or a president. I think that makes it realistic and doesnt make it the theater the trump would like to have. We will see what it looks like Going Forward certainly setting the stage today. John dean and david kelly, thank you both. Up next with the latest on the devastating wildfires in maui, senator brian will join us. New reporting is emerging about the Emergency Sirens that were not activated as those blazes grew. To compromise on gameday. Was that necessary . I was just illustrating a point. Oh. Get in the redzone with sports pack. 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Coast guard person said it looks like it was taken from the area where they did eventually rescue 17 people. Those asking how you can help, we have a lot of information on that on cnn. Com but also tonight i spoke with a senator from hawaii on what he has seen firsthand on the ground. And are joining me now is senator brian shots. Thank you for being here. You have been on the island. Can you tell us what you saw and how dire the situation is from your view . Thanks for having me kaling. Thanks to everybody across the country and across the world for caring so much about maui and hawaii and the outpouring of support and money is really essential at this point. It is not an exaggeration to characterize as similar to a war zone. It is like multiple runs happened in the town. There are very few structures standing in lahaina. There are melted Engine Blocks and cars ripped apart. It is a total rebuild. And there are people on west maui that came out unscathed. Their homes are intact and we are trying to restore telecommunications and vehicular access for all of them, but it is every bit as bad as the pictures. Do you think you have gotten to see the full extent, because we do see the pictures in the drum footage but now the teams are going in there, do you think we will have a fuller view of whats actually being hit in this . Well, i think we know that the Geographic Area that was hit is there because we have Satellite Images and lots of drones lived on flyovers and i was we do not know the total Mortality Count because we are waiting on the fema experts and technicians who are arriving on a daily basis as those properties are cleared. One thing looking back on, the hawaii Emergency Management said now is warning sirens did not go off when the fire started. There have been a lot of questions raised. Who do you hold responsible for that . I think there will be time for an after Action Analysis and if necessary an accountability measures. We have to understand hawaii is very well prepared for hurricanes. We have had several and Volcanic Eruptions on hawaii island. We have had floods and we have had a few wildfires but nothing that attacked a town like this, so it just wasnt in the realm of possibilities that allowed wildfires in west maui to jump the highway and attack the town of lahaina in less than an hour and if you see these videos, its really true. People had to make quick choices to evacuate. Some directly into the harbor with their families. Five people hanging onto a Surfboard Waiting for the coast guard, there may be improvements. This was really unprecedented. I do think this is likely to be the new normal with extensive droughts. That we need to be prepared for wildfires not just in hawaii but across the country, but right now we are still recovering. There is still we have not gotten the fire totally under control. We do not know the death count and lahaina town is also a toxic mess right now until we are able to clear the debris. Yes, we are awaiting to learn more. Of course were Thinking Of You and all of your neighbors and we will continue to do so and to check in. Thank you for your time tonight. Thank you. If youre watching and you want to be able to help you can go to cnn. Com impact or you can text hawaii to 707070 to donate. We will be back in a moment. Am i . Ya save 50 on the sleep Number Limited Edition smart bed. Plus, 36 month financing on select smart beds. Shop now only at sleep number. I got into debt in college, and no matter how much i paid, it followed me everywhere. So i consolidated it into a lowrate Personal Loan from sofi. Get a Personal Loan with low low fixed rates, and borrow up to 100k. Sofi get your money right. This is how tosin lost 33 pounds on noom weight. Im tosin. Noom gave her a psychological approach to weight loss. 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Com mmm yeah what did i say . many, not all 20 2020 or republican hopefuls are descending on iowa this weekend for the state fair, including President Trump, who will be there tomorrow. Joining me tonight, not in iowa, former Senior Advisor was there, scott jennings, and matched arose, thank you for being here. Sorry there is not any fried food for you, but i am interested in how everyone goes , trump hasnt spent a ton of time there, six times or so since he announced his running. He will be in the state tomorrow. I mean, is it still the same old iowa as it was, in the sense of trump hasnt been there is much as other candidates, but he is well ahead of them in the polling. Yeah, and he is not the traditional backslapping, sort of rural type candidate, but they like them, they love him, in fact. Hes done well in iowa. The chum people, if you talk to them, they believe they have a really high floor in iowa and they will be very difficult to beat, because, they remind you that, in 2020 there wasnt an iowa primary and they got all of these votes. So, they really are quite confident about their position, particularly given the fragmentation below them. So i dont think he has to do quite as much is everybody else, but he is and quite a strong position there. Can we talk about what the scene is looking like there tomorrow . Trump is doing, he is taking all of the the Florida Congress people who have endorsed him, ron desantis is going, hes bringing the iowa legislators who have endorsed him kind, kind of this show off essentially, i dont know if what you recall that. It is beautiful, if you think about it. Is it . Youve got desantis coming from this giant state, the former Vice President , a former president , and nonetheless, in the beauty of our president ial primary politics, they all have to descend on this little state fair, and engage in quintessential local retail politics, what you really see there is they cant hide any longer, part of this republican field is really the parade of the socially awkward, which is why desantis is not pens is another great example of that, and you just cant hide in this type of retail politics. It is persontoperson, door to door in some instances, pork chop on a stick in other instances, and it is actually quite a beautiful thing. One person who is obviously deeply influential is the governor, kim reynolds. And she has been hosting these fair chats fireside chats with all of the candidates. Trump is one who is not going. She was asked, essentially, about the idea that trump has been lashing out, he is upset that she has been posting that desantis is going around with him. But all of the candidates, i should note, but she said this about whether or not that effects it. It is so early. People are paying so much attention to the national, and i can tell you, it is just not reflective of what i am hearing from iowans as i am traveling around. Our job is not to pick the winner, necessarily, but start to narrow the field, and that is really what the caucus has done. Well, lets see, i dont think you should never say never never. We will just wait and see what happens. But ive made it clear, you know, probably looking at neutral, especially at the beginning of this. It is naturally going to start to narrow. And then we will take a look at where it is at. So, but it is early for that. Never say never on endorsing a candidate. You think she could, potentially . Well, if she did it would be big news, although, probably not definitive, given the way this race is going. I mean, some of these candidates have picked up some pretty influential state officials. Desantis, i saw him out senate, sinclair, a pretty popular person as well. So, there are some people dipping in, but if she got into it, it would be a major story. At this point i think she did say it correctly. Iowa, it is early, and you get some breaking there from time to time. So, my question is she is probably trying to be a neutral arbiter. Has she did trump make a mistake by attacking her publicly in the way he did . He took credit for her reelection success, what she said was up to iowans. Well, the rules of politics dont seem to apply to donald trump here. What we do see is that the Elephant In The Room with this primary is that they dont want to attack donald trump, because of the fact that they are afraid of alienating his base. Of course, what are they ever going to win by not attacking him, right . On the same and though, if donald trump were not to win this primary, could we ever imagine him not endorsing the eventual nominee . This is utterly insane what is going on in the end, and we are going to see this constant play here of, you know, donald trump eventually winning the nomination, unless somebody steps in and does Something Big , and her nomination, or endorsement, excuse me, is not going to be big. We shall see. Matt rose, so scott jennings, thank you so much. Thank you so much for joining us. We will see you on cnn. You can astepro and go thats why Comcast Business De is launching theal. Mobile made free event. With our business internet, new and existing customers can get one year of unlimited mobile for free. Its our best internet. Powered by The Next Generation 10g network and with 99. 9 reliability. Plus one line of free mobile for an entire year. Its the mobile made free eventhappening now. Get started for just 49. 99 a month. Plus, ask how to get one free line of unlimited mobile. Comcast business, powering possibilities. Wow, you get to watch all your favorite stuff. Its to die for. And its all right here. Streaming was never this easy, you know. This is the way. You really went all out didnt you . Um, its called commitment. Could you turn down the volume . Here, you can try. Get way more into what your into when you stream on the xfinity 10g network. Welcome to all of our viewers watching here in the United States and around the world. A head on cnn newsroom. The search for survivors in hawaii. Te

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