four criminal cases. 91 felony charges. it's the case you may not have heard about that could spell trouble for donald trump. tonight on "laura coates live." the legal developments are coming fast and curious. in the many cases that donald trump is facing. in georgia, you have prosecutors asking a judge to jail one of the co-defendants. his name, harrison floyd, over his alleged defendant to sway witnesses. he will bar the jenna ellis video that was leaked. >> he said the boss, and everyone understood the boss, that's what we called him. he said the boss is not going to leave under any circumstances. we're going to stay in power. we know who leaked that video and why. more on that later. there's the 2$250 million againt trump and his formally business. the former president wants a mistrial. he is alleging biased against him. the claim he has shouted from the rooftops or the reporters outside of the courtroom. >> this judge is a partisan judge, with a person who is bart san alongside him. >> wait, there's more. prosecutors were calling on the appeals court to uphold the gag order on donald trump, who some might argue made the case calling jack smith, what was that word? deranged. claiming his wife and family despise me much more than he does, unquote. but up in of those cases has derailed his candy. the constitution says no problem to all those. and the constitution does not bar anyone convicted or serving jail time from running or winning the presidency. that is, of course, if he is on the ballot. what if he couldn't be on the ballot? or wasn't allowed to be on the ballot? that's the issue that three states have been wrestling with. michigan, my home town of minn minnesota, and colorado. how can he be removed from the ballots. it's all about the 14th amendment. anyone who engaged in insurrection or rebellion, after taking an oath of office to uphold the constitution. it doesn't say how to enforce the ban, but the language is there. those three states trying to erase donald trump's name from the ballot. they didn't have full trials in this realm. didn't decide on the evidence in this c these cases. in colorado, they did have a trial. they have yet to decide what to do. she has until friday to rule. what will she decide? who should get to decide who is on the ballots? is it the courts? or is it you, the voters? i want to get to the 14th amendment trial. it's important. i've been seeing a lot for the vio violent protests, calling for a cease-fire at headquarters. three of the top house democrats were there with several members of congress. have you heard from them? are they safe, congressman? >> i understand that everybody is okay. we're grateful for that. >> we can be, watching the footage. it could have gone badly. i want to get to the 14th amendment. yesterday, a michigan judge rejected another 14th amendment challenge. there's a handful of states where the argument has fallen flat. do you think we're going to see a different result in colorado? >> a bunch of donald trump cases there's a lot issues that are first impression. things that the courts are dealing with for the first time. it's not saying that donald trump didn't engage in sur recollection. in michigan, the court ruled it was a political question. it's up to congress to decide. and for that ruling, they really based it on the final sentence of section three of the 14th amendment, that congress can remove the disability of having participated in a insurrection by two-thirds vote. other courts have gone in another direction. in minnesota, the court seemed to stumble on to a different solution, that struck me as strange. it might block a candidate in the general election, but not in the primary. that's like saying, if a 14-year-old tried to run for congress, or president, they could be on the primary ballot but not on the general election ballot. i think that cuts against a century of supreme court rulings that the primary process is part of the electoral machinery that belongs to the state. that was decided in the '30s and '40s and some cases of the white primary line of authority. that struck me as a strange way of thinking about the case. the courts are all over the map. but it's all new. >> that should be by design. you want to have few cases of somebody that was alleged to have committed insurrection to be thought of that way. what comes back to people talking about these cases is whether or not it should be up to the judges. or should it be up to the voters whether they want to vote in somebody, knowing all of the information. this has been done in broad daylight. and there hasn't been a charge of insurrection or conviction of donald trump. is this mature to have these discussions? >> that strikes me as an odd way of looking at it. the authors of the 14th amendment themselves dealt with that question. they felt if someone sets themselves at war against the constitution and engages in the most profound anti-democratic act of trying to overthrow an election, by installing themselves in office, with an insurrection, at that point, they are constitutionally barred. when people say, let the voters decide. that's like saying let vladimir putin run for president. the constitution has made that judgment . if you doen't like it, change te constitution. abraham lincoln said what was democratic and what was not. he said at the beginning of the civil war, in the act of insurrection is a profound in assault at democracy because it is attempt to strip away from the people the right to choose their own elected officials. at the end of the civil war, the reframers of the constitution said we're going to deny people, the worst offenders, the opportunity to serve again in federal or state office. congress, president, civil or military office. they said, we don't want that to be part of it. if you look at january 6th, you can see the wisdom of what the founders of the 14th amendment were talking about. it's a question of determining whether he engaged in the insurrection. >> congressman, that's what is part of the trial in colorado for that reason. you know there was impeachment on that issue. in terms of a criminal conviction, that has not occurred. you well know that. i posed this question because i was curious. people talking about it being undemocratic to have the choice not in front of the voters. i posed the question to a number people on both sides of the aisle. here's a few. we need to let the courts decide on his fate. if we leave it up to the people, the right decision to be made. >> the courts should decide that. our judicial branch of government is in place for that purpose, to uphold the constitution in the laws of our great land. >> my take is that decision should lie in the hands of the people. as a proud u.s. citizen, i believe in our democratic process. >> keep trump on the ballot and let the voters decide if they should vote for him or not. >> are they getting it wrong? that's what some people had to say. there seems to be indication if it's at the primary level or the general election level. do you have a say in that? >> i like what the second respondent said. we have to start with what the constitution and the lows of the country provide. the constitution is clear on this question. should we have school desegregation or not? should it be what's in the constitution? or should we allow the voters to decide? and there's some things that we commit to the constitution, and then, we follow the constitution. it seems to me really strange to say, when someone tries to overthrow the democratic process. that the constitution shouldn't apply to him. he said, we don't need the constitution. what we need is a judicial determination, if impeachment by the house is enough to establish as a civil proposition that he's engaged in insurrection. or if you need fact-finding by the court. nowhere does it say you have to have a criminal conviction to make section three of the 14th amendment apply. >> that's where colorado comes in. jamie raskin, thank you so much. >> thanks for having me. >> want to bring in marbshal cohen, and rebecca legrand. glad you're all here. let's begin with that leads off, really. there's not a requirement that it has to be a criminal conviction. that's true. but so many voters say, how do you get to decide if there's been insurrection? is that the criteria. there's been a trial in this case. they are trying to, as congressman raskin, create an insurrection took place. tell me what was gleaned in the closing arguments. >> both sides in this case, presenting final arguments to the judge, who has two days to issue the ruling. this is going to happen quick. >> why two days? this is an election case. they have to print the ballots and let people vote. >> early january, they have to know that by. >> in colorado, super tuesday is in march. closing arguments, the challengers were saying a lot of the things that congressm man raskin said. this is the scheme law of the land. donald trump is ineligible and states have no business putting an ineligible candidate on the ballot. the trump camp said, this is an absurd presentation of the constitution. they argue that january 6th does not fit the definition of insurrection. they argued is something to the level of a civil war. those are the issues that the judge has shash out. >> if the judge were to decide that notion, what's the timeline next? >> everyone is expecting an ap appeal. the judge did clear she knows where this is head. the democratic security and then the u.s. supreme court. a different story with the conservative supermajority. this is going to reach the supreme court, probably before the end of the year. >> we can see the tumbleweed going down the road. when you here this in different arguments, how do you see it? >> i agree with what marshal said. this will go to the supreme court. and state courts are struggling because they're asked to do something different. for a trial court to weigh in on this 14th amendment, that's a big ask for a state judge. this is going to the supreme court. these are hard questions. the constitution puts the questions beyond ability of voters. that's the purpose of constitution. if we want to maintain our republic, if we want to keep the system going, there's questions that are by design, out of voters' hands. >> a lot of this is on the january 6th testimony and what was presented. there were questions if donald trump himself had engaged in insurrection. did they make their case? is that enough from what you presented? >> no one is challenging the facts from our report. they might be challenging the lack of minority staff or former prosecutors on the team. no one is challenging the findings. >> trump's team is. >> they don't like the findings but they're not showing to the contrary. this call to action has been consistent during our january 6th investigation. and we saw it again during the colorado hearing. he said he wiz influenced by the big lie. and he viewed the attack on the capitol was the french revolution. that's an illustration of insur insurrection. and i thought the colorado did a great job of continuing that narrative and that argument. >> one way to get agreement, is between circumstances and other entities. if colorado were to rule, the supreme court might take this up. what's the outcome, though? that's an interesting question. the supreme court has shown it cares about institution. the security is dominated by republican appointees, there's numerous appointees that are worried about our institution. >> you have been following this so closely, what is your prediction. >> laura. >> i know. i know. i get it. how about this? how do you think it's leaning? >> if it's going to bin anywhere, if the challengers want to win, it could be colorado. and the fact it got this far to a trial with witnesses and evidence all the findings from marcus' report presented buone one, this is a signal of where it may be going. that's a reporter. thank you so much. we have some breaking news from capitol hill. the senate voting to pass the stop gap bill to avert a shutdown for the end of the week. it needs to go to the president, president joe biden, to be signed. the two-step plan provides funding until january 19th, for veterans appears, housing and the energy department. the rest of the government, anything not covered, will be funded until february 2nd. the proposal does not include aid for israel or ukraine. now, we know who leaked the videos in the subversion case. but now the why? and what the judge is going to do about it. cracking down in a series of public issue that happened even this week. the d.a. d.a.fani is asked to r the band here of one of the defendants. the lie is interesting. they are saying that what he has done is he has engaged in a bit of behavior to intimidate co-defendants and witnesses. they lay out a social media post where floyd calls out the georgia secretary of state brad rachb raffensperger. that election worker, ruby freeman, who once again, is caught in the middle. she and her daughter were targeted by trump with bonus fraud allegations in the past. a fulton county judge locking down key witness. now, the attorney for a separate defendant, i know, is owning up to it. jonathan miller, representing misty hampson, says his client believes the public has a right to see the videos. it shows ellis and powell. first of all, the fact they didn't have a protective order is surprising. this is almost inevitable, one would think. why not have it in the first place? >> it's someone to have a criminal order. when you know the defendants that you're dealing with in this matter. it was appalling i would send an e-mail to witnesses in the january 6th investigation. and within minutes, my e-mails were leaked. this is not as sensitive. i'm happy there's a protective order in place. we have to think about protecting the witnesses and ensuring the safety of the investigation and integrity as we move forward. >> why do you think is the reason? >> this was an ill-advised decision. he wanted to explain what she was dealing with, what his client was facing. you can't do that in the media. this attorney should know this is a way that we can't affect the trial. this attorney is probably in trouble for publicizing information he now could influence a trial. and information without a protective order, he should know shouldn't be made public. >> it says, with all of the defendants who are here, they are not coordinated on one team. all different defendants, all out for themselves. we have people pleading guilty. let's look at the yearbook photo. i hate to single out harrison floyd because some of the behavior that donald trump has been engaged in. why do you think fani willis is not asking for him to be revoked in some way? >> probably trying to keep it consistent across the board. he might be the first example of this type of violation of preserving the integrity of the investigation. i think the fulton county d.a. is taking a careful example of that. >> is everyone seeing this is a warning shot to them in. >> i hope so. the answer to what do we do if it's donald trump? he says, i have first amendment concerns. i'm running for office. he has a security detail. you lock him up in the d.c. or the atlanta jail, the ramally kagss are huge. you can put them under house arrest. it raises issues. not raised another co-defendant. i've been involved in lots of cases where there's a little media attention. this talk in the public about witnesses in your case is not okay. we're pushing boundaries that don't usually get pushed this far. >> who would benefit from the leaks? talking about the prosecution or the defense. who stands to gain most in the public eye? >> it goes back to the theme of showing the case in the public eye. i'm not talking. another defendant was talking. i think it shows how thorough they are being obtaining these from individuals that have submitted guilty pleas. it's another example of a show trial. and that's what the cases are trying to prevent. >> this is the case where you can have cameras in the courtroom. this is the one time. thank you so much for being here. so, is the leak of the videos an attempt to influence public opinion? we have the guests to talk about it right now. in order for small businesses to thrive, they need to be smart, efficient, savvy. making the most of every opportunity. that's why comcast business is introducing the small business bonus. for a limited time you can get up to a $1000 prepaid card with qualifying internet. yep, $1000. so switch to business internet from the company with the largest fastest reliable network and that powers more businesses than anyone else. learn how you can get $1000 back for your business today. comcast business. powering possibilities. goli, taste your goals. and there's substantial ones. but what about the court of public opinion. the new book "network of lies, the saga of fox news." i'm delighted to have you both here. we knew this would be argued in two courts. the court of law and the court of public opinion. we're already seeing videos like fulton county ones in the media, in the press, circulating already. >> this is astonishing. we should have sympathy for the court's office. as someone on the outside, trying to learn what wept wrong in 2020, there's so much to learn and that's why the admissions from jenna ellis and the admissions on these tapes were so valuable for the publiced a large, despite the headaches it causes it legally. you see people in the echo chambers and get the information. some of this is covered differently. tell me what the impact on the media will be from having these leaks. >> one of the reasons that the judge is so angry here, laura, you have jenna ellis testifying that dan scavino, a key trump aide, said he wasn't leaving. jenna ellis testifies that. now it's out there. now, a potential juror is polluted. the juror has heard testimony from key people that could not be admissible in trial. but it's out there. that's one of the reasons this should remain confidential. for everything out, let it all hang out. in this particular case, it's sensitive. and the judge made the right decision in terms of keeping this controversial from here on in. >> that's the key. you think why. why do you want to get this into the court of public opinion? we're less than a year away from a presidential election. donald trump loves the camera. you're aware of that. he's gone out in the hallway for the new york civil fraud trial time and time again. he wants to have cameras in the courtroom for the federal court. in georgia, it's allowed. not there. when you look at that, does that have a potential for good transpartr transparency or media circuit? >> isn't the answer all of the above? it's the way to show folks that might be on the fence, that trump is being treated equally and fairly. we know the circus would follow. we live in a media age where little moments clipped here and there, become bigger than the full-scale event. i don't think the central case in d.c. will on camera. there's no precedent for having it many the courts? >> the security is audio. do you think that donald trump, in the end, wants the trials full televised? he can't do a hallway spin. well, i was on "celebrity apprentice" with the former president. he is very good at spinning. he will spin like a top. and i think that he will, you know, outside of jurisdictions like new york city and atlanta, i think he could present a case, the florida cases, before a sympathetic people. he's an expert. he's an artist. he will spin like a top. and i think he will be, generally speaking, successful. except maybe jack smith will nab him on a couple of counts. maybe, maybe not. if you want to beat donald trump. i want to say this. he's got 91 indictments and the rest of it. if you want to beat donald trump, you have to beat him at the ballot box. otherwise, he will be in an orange jumpsuit and be in jail, he will be president. he's not barred from the constitution, even upon conviction. all of this noise, all of this pretrial kind of acting going on, in all of the state cases, alvin bragg about stormy daniels and letitia james, the most ambitious politician in new york, going after him for valuation of real estate, for promoting. how shocking. that's never happened before. give me a break. >> the judge agreed. that's why they had a judge in summary judgment to say, you did commit fraud. your new book, "network of lies," you do a deep dive into the behind-the-scenes at fox news. and geraldo mentioned january 6th and jack smith. i find it surprising that more than two years past january 6th and just hearing more and more reporting about what was going on about the coverage and beyond. why do you think it's taken this amount of time? january 6th was a new reality. and geraldo spoke out about tucker carlson. but the conspiracy theories allowed trump to return to center stage. trump was deperformed and shamed three years ago. and brought back to the center. that's why one of the trafedera trial is so important. to put on the scene what happened and why. and to get away from feds and false flags and government agents. it's important we speak out about those lies. he did speak out against that. >> do you want to return that embrace? >> i appreciate that. >> he doesn't. >> i appreciate that, brian. i thought that you were pretty good on tv, too. here's my one big beef, laura. people can get their arms around this. s i called for president trump's impeachment the day of january 6th. i said he deserved to be impeached. he was impeached by the house of representatives and acquitted by the united states senate. i would have convicted him. the senate acquitted him. doesn't jack smith's efforts in a way smack of double-jeopardy? isn't the impeachment process the way we punish errant presidents? people that violate the oath of their office? it seems to me that a lot of the various lawsuits against trump, as outrageous as his behavior has been, and it has been, in many cases, low down and dirty. he went before the united states senate -- he didn't physically show up. but his case was litigated. the senate acquitted him. you need two-thirds vote. and i saw your earlier segment to keep him off the ballot in colorado. it's not for a state to determine who is on the ballot for the presidential election. it's goinge going after him for simple thi. >> thank you for watching the entire "laura coates live" show. it is not double-jeopardy. >> i'm a big fan. >> let's not argue, fellas. i'm glad you were here. thank you so much. >> good to see you. >> check out brian's new book, "network of lies: the epic saga of foxox news, d donald trumump ththe battle f for dememocracy." we'll be r right back.k. when hamas militants broke through the border fence and started october 7th, many were documenting the assault. some of the videos were shared as hamas propaganda. not all of them. cnn has obtained video from one of the cameras from the israeli military. the idf says it shows the reality of what happened, which many have called israel's 9/11. and one, long, continuous video, it shows 100 minutes of horror. we have to warn you. some of what you're about to see is very graphic. here's cnn's oren leibermann. >> reporter: an explosion, before dawn, on october 7th. the time is here, and the attack is under way. god is great, they chant, as they cross the breached fence. go right, go right, go right. they say. two minutes later, they are in israel. the sun is up. and a day that will reshape the region has begun. this va was obtained by cnn from advertise real defense forces. for the first time, we see video inside hamas tunnels before the attack. it is look into a network of tunnels of what appear to be supplies stored in the darkness. writing on the walls in arabic says, what is hidden is far worse. above ground, the gunman fires his first shots. go go on, men. go on, men. he creams. they stop on the way. more militants prepare for the next assault. one has several rocket-propelled grenades on his back. minutes later, a group advances across an open field, moving towards a village. the gunman charges the last bit and spots an israeli soldier on the ground. others join in celebration. moments later, he is more composed as he turns the camera on himself. he says he killed two israeli soldiers. he asks god for victory and well-deserved martyrdom. they are moving along empty israeli roads or nearly empty. the man cheers as he sees bodies on the road. his is not the first wave. he rounds a corner. here, we have seen this place before, among the first videos to come out after the attack. this is dash cam video from a car on the same road moments earlier. a car approaches a group of militants. the car coasts. its driver certainly dead by now. it is just after 7:40 in the morning. after a reload, the group approaches a military base. for 65 minutes since crossing the gaza fence, they have had free reign in israel. the gunman closes the distance from a weapon he took from an israeli soldier. opening fire. [ gunfire ] >> and fire comes back. this man's part of the attack comes to an end. the terror is just beginning. oren leibermann, cnn, in tel aviv. >> oren, thank you. we'll be right back. before we leave you, i want to share with you how matthew perry's co-stars are remembering their friend. matt leblanc saying, i will always smile when i think of you. an i will never forget you, never. david schwimmer writing, i imagine you up there, somewhere in the same white suit, hand in your pockets, looking around. could there be anymore clouds? lisa kudrow, thanking matthew for making her laugh so hard, that tears poured down her face every day. courteney cox saying, i'm so rainfall for every moment i had with you, matty. and jennifer addison saying, being able to sit in this grief allows you the joy and the gratitude for having loved someone that deep. and we loved him deeply. in order for small businesses to thrive, they need to be smart, efficient, savvy. making the most of every opportunity. that's why comcast business is introducing the small business bonus. for a limited time you can get up to a $1000 prepaid card with qualifying internet. yep, $1000. so switch to business internet from the company with the largest fastest reliable network and that powers more businesses than anyone else. learn how you can get $1000 back for your business today. comcast business. powering possibilities.
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