that's what is so confusing so to many people right now. >> ed, just hours before this opinion came down to leave the state to get her abortion, how are her lawyers responding to what we learned last night? >> they said she simply was running out of time. she is now 21 weeks pregnant. she felt like she needed to make this decision. after the attorney general had appealed to the supreme court, they essentially paused that lower court ruling, giving her the permission to get the abortion legally and waited for three days for the texas supreme court. so because of that, they described her situation as being in legal limbo and described the weekend as hellish for her. that's why she arrived on monday and made the decision to leave the state to get this abortion. and what many critics of the abortion law and the situation in texas is saying is that texas supreme court ruling really sends a signal to many women across the state of texas that you cannot go to a court and get that permission and expect it to stand. >> ed lavandera, thank you very much. you're right, what's happening in texas with her case has huge implications across the country. >> cnn legal analyst elie honig, historian, leah wright and errol louis join us now. elle, let's start with you. the specifics of this case, the specifics of this law, esp especially when it comes to medical exemption. >> texas has a law the woman can only get an abortion if a woman's life is in danger. both said she is facing a serious medical issue and qualifies for the exemption. >> do women have to go to the courts and get sign off from the attorney general as ms. cox had to do in this case. that's the bigger question. who do we want deciding these issues? texas law is not clear on that, on who gets to decide. >> can i read the texas law. here is the statute. in the exercise of reasonable medical judgment the pregnant female has a life-threatening medical condition. places the female at risk of death or poses serious risk of substantial impairment of a major bodily function unless an abortion is induced or performed. >> serious risk of bodily function. that's where there's some uncertainty. >> the texas supreme court, leah, said in their ruling on this, this does need to be clarified. we need to clarify this. there's a case of 20 women now before the court making this argument for clarity. the question is what does clarity look like in this? what will this mean for so many women relying on the law to be clear so when their doctor says this is necessary, then they don't fight the courts for it? >> for anyone watching or anyone interested in women's rights in reproductive rights and abortion rights, this is a horrifying decision. it essentially says -- it's essentially the state of texas clarifying it. saying, no, you don't have a right and your doctor doesn't have a right. in fact, the government has a right to step in and be in that room as you're making decisions about your health, the mother's health and this entire situation. and so, for i think a lot of people a lot of people who are watching this and observers trying to pay attention to this, this is a manifestation of everything people warned was going to happen after the 2022 abortion rendering from the supreme court. so texas is starting to become clear that they believe they have the right to intervene and to make these decisions. and of course, the people who pay the price are low-income women who can't afford to leave the state and can't afford to get abortions or reproductive help. >> one note before we move on, the original filing by kate's lawyers had the doctors in there, quote, saying that doctor believes in good faith that exercising an abortion right is her best medical judgment. it seems to be that language. doctors are going to have to at least for now be much more direct and clear. believes in good faith isn't enough as standard for this court. >> and there's very real concern about whether that invites lawsuits. whether there's liability issues, whether their license is at risk. the ambiguity right now and the clarity is so necessary. i think, elle, kind of building off of elle's point, errol, there's a lot of calls from republicans saying it's hyperbolic to say something like this could happen in the immediate aftermath of roe. we're now here. this is becoming major, major political issue. we have seen it in state referendums and midterms and seen it in off year elections just a couple weeks ago. it's striking to watch republicans try and kbgrapple wh this, including nikki haley. she's been on a surge. she was asked about this specific issue before this decision came down. take a listen. >> i don't know the details of the case that you're referring to. what i can tell you is i don't think that this issue needed to be in the hands of unelected justices. it needs to be in the hands of people because it's a personal issue for every woman and man. >> wow. that's is very dilemma that many republicans will be in. 20 cases to 200 cases setting up in, effect, fertility courts. case after case after case that it won't be a matter of going to your doctor if you want to preserve your life and your health and your future fertility, you have to go to the state of texas. you have to ask a bunch of judges or attorney general whether or not you'll be able to do that. it is exactly the horrific scenario that the opponents of the court have laid out and here we are. and so in you look at all of the different instances, whether it was by referendum, seats that flipped, democrats are going to take this and they are going to run on it. they're going to run on it like crazy and find a lot of success because a case like this really sort of -- you can't contain it. it's not just confined to texas. people all over the world are watching this now and a lot of people are going to make very serious political decisions based on it. >> errol, elle, leah, stay with us. we have a lot more to get to. two battles colliding in washington. one could face the future of democracy overseas. ukrainian president volodymyr zelenskyy takes his appeal for more war funding to lawmakers and president biden starting at 9:00 a.m. president biden is trying to secure $60 billion in additional military aid for ukraine. budget director warning that cutting off aid now could, quote, kneecap ukraine on the front lines. just this morning, russia claimed it advanced signi signif significantly. listen to this stark warning. what he thinks will happen if the west stops supporting ukraine. >> when it stops in a week's time, everything will be down. when it comes to ukrainian defense. can you imagine, when they stop supplying ukraine with weapons. they will have up with week to live. >> that's as clear as it can be from vladimir putin. in washington, in a city that is very in a different place from where he addressed joint session of congress. that's what you are looking at, a year ago, december of 2022, standing ovation for him then when zelenskyy does visit d.c. today, republican lawmakers are expected to take another step towards starting an impeachment inquiry of president biden. let's go to lauren fox on capitol hill. striking to see then versus what zelenskyy is walking into now. talk to us what happens on the hill today. >> reporter: yeah. that bar is so high for zelenskyy. it's really an impossible task given where so many of these republican lawmakers are right now on the issue of more funding for ukraine. you know, it's interesting. last night i talked to senator mitt romney about whether or not there was anything zelenskyy could say to sort of change republican's mind about insisting border security and proposals to change border security need to be part of a deal to provide ukraine with additional aid. he said, no, it's really up to democrats to be compelled by zelenskyy's address today to members. you know, there were other members who have long been opposed to more additional funding for ukraine. people like senator jd vance i talked to last night, who called zelenskyy coming to capitol hill really more of a dog and pony show at this point. so you really see there just how difficult it's going to be for zelenskyy to change some of these republican minds. now, he'll have a very important meeting after that all senator's briefing with the speaker of the house mike johnson. if you remember, when he came back in september, kevin mccarthy was still the speaker of the house of representatives. now, the person who has the gavel is mike johnson. and it's going to be up to the speaker to decide whether or not he is willing to put additional aid for ukraine on the floor given the dynamics of his conservative members within his conference. here is what he said last night about what he's going to be talking with zelenskyy about. >> but i don't think it's a radical proposition to say if we're going to have a national security supplemental package it ought to begin with our own national security first. i'll explain to him while we understand that, i made my position very clear, literally since the day i was handed the gavel that we have to take care of our border first. >> reporter: and the senators working on that border proposal, they are even starting to say that it's very unlikely that there would be a border proposal announced by the end of the week, which means lawmakers are likely going to head home for the holidays without any additional aid for ukraine being sent, despite the stark warnings from the white house that that money is running out. phil, poppy? >> it's remarkable just how much things have changed in less than a year. lauren fox, thank you. keep us posted throughout the morning. for more on the impact of this essential ukraine funding, let's get straight to cnn's nick paton walsh on the ground in zaporizhzhia. for ukrainian officials watching this, what are they thinking right now as the very real possibility of no more aid in the near term comes into focus? >> reporter: yeah, it's important to point out it's probably unlikely there won't be any aid, won't be enough to make a difference or possibly keep some parts of the lights on here in ukraine's front line areas. real dent in moral. just by the stalling we have been seeing on capitol hill, because what kept ukraine buoyed over the past months, is the notion that the west is entirely behind them, with all of their resources. on the front lines, we heard from troops palp bli angry. one guy we saw zip tying a makeshift rpg head to a cheap drone to fire at the russians, kind of suicide drone attack. really furious at the idea that this aid may begin to slow. we hear from ukrainian soldiers saying they will fight on until the end. they have to. they have no choice. otherwise it's russian occupation. but i think a sense of dismay frankly that this change in political climate is immediately potentially impacting them in the weeks ahead. look, the front lines here have not yielded the kind of counteroffensive victory the billions of dollars of nato aid had indeed hoped for. that is playing exactly into putin's hands. he doesn't have an electoral cycle really to worry about. he has an enormous capacity, tolerance for pain and casualties. he had a large budget behind him and he was waiting for that moment of western unity to begin to shatter. that seems to be happening now. and there are indications that putin's not just digging in defensively, potentially thinking of places to advance. another town in the east that russia is willing to throw thousands of soldiers out to die in order to take it and even today a major ukrainian mobile network subject to a hack we may possibly guess reasonably russian might have something to do with it. so ukraine still under attack, but now having to think about the idea of defending itself without the unequivocal u.s. aid and western aid it's been used to that kept it essentially able to fight this long. phil? >> you see the real impact on the ground. nick paton walsh, thank you for the reporting from zaporizhzhia, ukraine. well, the fate of harvard's president in clear focus this morning. what we just learned about her future. and cnn has new and exclusive reporting on donald trump's classified documents case. what our team of reporters uncovered about the person who unledgedly moved some of the boxes at mar-a-lago. that's coming up. ♪ now to cnn exclusive this morning that reveals that donald trump and his associates repeatedly contacted a mar-a-lago worker and witness in this case before any charges were filed. this is the same long-time employee who did move several boxes that you see there for trump and was privy to conversations between the former president and his two co-defendants in this case. katelyn polantz broke the news. she joins us from washington. what's the significance of this? >> reporter: phil and poppy, we're talking about somebody who was very in touch with the mar-a-lago world, had worked at the club for a very long time. had a lot of connections there and was witness to a lot of things that ultimately became part of the charges against donald trump for mishandling classified documents and trying to obstruct the probe. somebody who moved boxes, overheard conversations. that person, that former employee, had left his job after the fbi searched mar-a-lago and became very apparent donald trump could be charged with a crime and was being looked at by federal investigators. but before trump was charged. so the employee leaves his job. at that point in time, he remained in contact with many people from mar-a-lago but also was noticing just a pattern of conversation about what his status was. would he be using his own lawyer? or would he be hiring -- or be wanting to use a lawyer that was paid for by donald trump. some people were asking him about that. there was a close friend of his who also worked at mar-a-lago who essentially indicated to him that maybe trump would really love to see you in an up coming golf tournament. you could get free tickets and come. there was also this discussion with him where as he left his job at mar-a-lago, donald trump took the very unusual step of calling him on his personal cell phone to see why he was leaving the club, a couple months after the fbi search of trump's property in florida. all of this taken together, it's a pattern of communication that the special counsel ultimately did hear quite a bit about. they looked into it. it could just be conversations among friends and colleagues. at the very least, it's a window into how this community works of people that have worked for donald trump, that they kept close tabs on one another. that they were keeping in touch and discussing what was happening with this investigation before the charges came about. but it also is notable in that it is a little bit unusual for donald trump to call this person and for these conversations to be happening in the way that they did. >> maybe he's just a big golf fan. we don't know. i want to go back to something you noted, that was the offer of a trump-financed attorney. there are a number of individuals involved in this case that have co-defendants using trump-provided attorneys. how does this all play into this? >> reporter: well, it has played into it because the special counsel's investigators have been asking a lot of people about that. we know that from all of the reporting that we did about grand jury testimony and parts of the investigation, it was a question that they were asking a lot of different people if they were being provided attorneys by trump. and then it's something that the special counsel investigators have followed up on, too, as donald trump is headed to trial next year, making sure that people who are represented by lawyers in trump world, whether those lawyers represent a bunch of people, there isn't some sort of conflict of interest. but it isn't totally abnormal for a corporate entity to pay for lower-level staffers, employee's lawyers of the employees. >> really interesting reporting. thank you very much. and new developments in the mystery surrounding jailed putin critic alexny navalny. his legal team lost contact with him. a mysterious billboard popped up in russia urging people to vote against putin. there's a last-minute scramble to get a climate deal done. overnight deadlines set by negotiators passed with no deal. the most contentious issue is the decision to move the reference to the phase out of fossil fuels the main cause of the chaos. we're going to dig deeper next hour into whether r a deal cana actualally get donone. stay w with us. you're probably not easily persuaded to switch mobile providers for your business. but what if we told you it's possible that comcast business mobile can save you up to 75% a year on your wireless bill versus the big three carriers? did we peak your interest? you can get two unlimited lines for just $30 each a month. there are no term contracts or line activation fees. and you can bring your own device. oh, and all on the most reliable 5g mobile network nationwide. wireless that works for you. it's not just possible, it's happening. ♪ an offer of golf tickets, legal representation and reminders that a job at mar-a-lago is still available, that is according to our new reporting what donald trump and his associates repeatedly offered a former mar-a-lago worker-turn witness in the classified documents case. back with us now, errol louis, leah wright and elie honig. the fact that these offers and calls from trump and a former employee who is not named, aftered after the search but before the charges, is that relevant here? >> it is. this is one of those issues, common sense people all understand what was happening here. they were trying to make sure this employee stayed loyal. trying to make sure this employee didn't flip on them. i'm not sure the evidence that was unusual enough that, a, a judge would admit it and, b, you could make that argument to the jury. yeah, that it's witness tampering. to me alone this does not make out witness tampering. okay you called someone who left their job. let them know the job is still open. offered to take someone to a golf tournament. however, it might fit into a broader pattern we've seen here. we have already seen charges of obstruction and then obstruction upon obstruction in this case relating to hiding the boxes, tampering with the video surveillance, trying to tamper with the witnesses. >> it's fascinating reporting. not totally sure what it means going forward, but just a great example of our team's work what is, i think, very outfront right now what the special counsel did yesterday in terms of going straight to the supreme court to challenge former president trump's immunity claims. errol, what did you take from this, decision to go straight to the supreme court? >> first of all, it's something they're entitled to do. it's not super, super rare to go and ask for -- >> can you explain that, why? >> look, normally there's an appeals process. you go through different levels and then the supreme court decides whether or not to take a case and that can take months or even a year or two. but what we saw in the case that comes to mind that probably most viewers might remember is back in 2000 when there was a real question on the table about whether or not votes were being counted properly in florida, the supreme court took up the case immediately and they resolved it because we needed to have a new leader of the country. you can ask for that. in this case, it's not quite as dramatic and it's not quite as urgent. but what jack smith is saying is that, look, if we've got an election that's about to start, if what is at the end of all of this is that the president cannot be prosecuted for any reason, for anything that he did while he was in office, which is basically the case that his lawyers were making, tell me now. let's not waste everyone's time with this if at the end of it there's going to be some kind of crazy immunity. now, he's doing this knowing that what trump's lawyers have asked for is absurd. it's hard to imagine that they're going to get everything that they want, but, it's best to have it litigated now. >> leah, explain what trump's lawyers are asking for here. the fate of two cases, election interference case and georgia election probe hangs in the balance. when you're a president, you're immune from things like this. those two go out the window. >> absolutely. they're gone. and this is why this is such a crucial moment. and in fact, in some respects i know the trump folks are irate over the special counsel's decision to push the supreme court and decide -- make this decision right now. but, this is also something that trump people should care about because the supreme court is going to lay it out. they're going to either say, no, actually you don't have immunity based on things that you did in office. or, you do. and so we have to decide -- i think the other thing to keep in mind is that we have to decide it because we have an election that is rapidly approaching. part of the trump team strategy has been to stretch out this kind of political process and this legal process in order to get to the point of being re-elected president of the united states by which then there are all kinds of legal, calamities or regulations including one in which he can pardon himself. preemptively take it off the table. again, i think it's important to think about what this decision might actually entail as well because what happens if the president of the -- the next president of the united states has told, no, actually you do have immunity over anything that you did while in office. that changes the entire landscape of how somebody governs and what they're able to do and what the american public allows them to do. >> elle, to leah's point, trump's team being irate, it's a day that ends in y, so i'm not totally surprised, is it just because they're trying to delay or a reason they're upset this happened? >> it's because this is all about the calendar, dragging it out. absolutely the right move, smart move, the necessary move by jack smith if he wants to keep that march 4th trial date. i do think the supreme court will take this on the expedited basis. >> they haven't said yet. we don't know. >> i'm predicting now. i do think they'll take it on the expedited basis. then they get to this million dollar question and we will get an answer, i believe, within the next several months yes or no is a president immune from a contact of the scope of presidency. >> i don't get the part of the law that they're trying to determine here. do we know? do you see what i'm saying? what part of the constitution are they going to point to. >> it's based off article 2 which creates executive power and common law that developed over the last 40 years in the supreme court going back to richard nixon actually not related to watergate, a case where he got sued by a former federal employee who had been fired sued richard nixon. supreme court looks at it, you cannot sue, different question. can you prosecute. you cannot sue the president for something within his job as president. >> thank you, guys. >> thanks. the united nations gets ready to hold another emergency meeting over the israel-hamas war and just in, another crossing opens from gaza, but it's not opening for delivery of humanitarian aid. we'll explain next. also, decision day at harvard. the fate of the university's president to lead expected to be announced shortly. stay with us. ♪ brand new this morning the harvard crimson reporting the embattled president claudine gay will keep her job. cnn jim carol is live for us in cambr cambridge, massachusetts. we know the pressure on the president over the last several days. what are we hearing right now how this will all play out today? >> well, we're hearing that, according to the harvard crimson, as you said that the harvard governing board will announce later today, later this morning, we're hearing that claudine gay, will, in fact, be able to keep her job, keep her position as president of harvard university. as you know, phil, the board had been silent for the past several days as speculation swirled as to whether or not she would be able to keep her job after that widely criticized testimony in front of congress last week. but over the past 24 hours or so, we've seen a great deal of support coming forward for a claudine gay, including 700 faculty members who signed on to that pe sigs saying they support her in addition to that, we saw the harvard alumni association signing a letter in support of gay. also 18 black faculty members within the past 24 hours also signing a letter supporting gay. one of those professor randall kennedy, spoke to cnn last night about why he says gay should stay. >> i think that president gay is being -- is being targeted. she's the obvious target of a smear. the politicians who called her and the other presidents to the house of representatives had made it clear that they had already determined that there was an anti-semitism problem at these universities. they weren't exploring this. >> reporter: now, we also have been speaking to a number of students here on campus within the past 48 hours or so. many of them who have said that while gay's comments were hurtful, while they were insensitive, they were very critical of her, even some of those students, phil, said they still felt as though gay should keep her position and were really offended that there were outside sources, outside influences trying to force her out. so again, harvard's governing board expected to announce later today, or according to the harvard crimson later this morning, that claudine gay will in fact, keep her position here at harvard. >> jason carol, thank you. ahead for us, a man who spent nearly 20 years in prison for a murder he always said he did not commit, well, this morning he is free and you're looking at his smile there. his conviction overturned by a judge. we will be joined by him as we talk about the moment that he learned he would be a free man. and baseball's new $700 million man decides to defer most of his pay. why he's waiting to get 680 million bucks for almost a decade? stay with us. ♪ if i were to get a message out to him, i don't know. i just want -- i want the people, not just him, but i want others to know that i have hope and for other people to have hope that we can change the regime if we work together. >> that is the daughter of alexny navalny telling cnn last night she hopes her father is safe after his legal team says they've completely lost contact with him. he is serving prison time in russia. new this morning, a prison employee told a spokesperson for navalny he left the prison colony where he was but they couldn't confirm where he is now. it has been a week since anyone has heard from navalny, who is serving time for extremism and other charges he denies. the white house is, quote, deeply concerned. they are reiterating calls for his release. a spokesperson for the kremlin says they have, quote, the intention nor the ability to monitor prisons and the process of their stay in the relevant institutions. they call his arrest and incarceration a politically motivated attempt to silence his criticism of vladimir putin. navalny has been imprisoned since returning to russia nearly three years ago when he was poisoned with the soviet-era nerve agent nova chock. a joint investigation by cnn implicated the russian security service. supporters call navalny's arrest and his incarceration an attempt to silence his criticism of putin. his daughter told cnn last night about the last health update she got. listen. >> the most up to date news on his health is that two weeks ago he fainted in his cell because they had been practically starving him. he's very malnourished. he is not getting any medical support that he needs or has been asking to see a dentist and they're not providing anything. we have no idea where he is. >> our fred pleitgen joins us now with much more. fred, you've been following this so closely for years, as so many people has. cnn's documentary on navalny followed all of this. the fact that a spokesperson for the person is saying, look, he left or was taken. not that he left voluntarily the penal colony a week ago. there has not been any update, right, on where he is from anyone? >> yeah. not been any update whatsoever and just to give our viewers a sense of how difficult it is to get straight answers or any sort of answers out of the prison service, none of this came voluntarily from the russian authorities. the lawyers for alexei navalny saying he was supposed to show up for a hearing via video link from the jail he was supposed to be yesterday. he didn't turn up. they said there were problems with the electricity there. however, upon questioning they then acknowledge that actually he was no longer listed as even being inside that prison anymore. today he was supposed to show up for a video link again and didn't show up. then they finally acknowledged that he had been transferred out of that prison but again are not saying where exactly he's been transferred to. now, all of this is very difficult obviously for the legal team of alexei navalny, for his family, of course, as well. however, it is not unheard of within the russian prison system. we have to keep in mind that alexei navalny was supposed to be transferred to a jail with an even harsher regime, tougher jail than the one he's been in so far. and our viewers just heard from alexei navalny's daughter how difficult the situation he is in right now, them saying he's essentially malnourished. of course we also know from his associates that he apparently fainted inside his jail cell last week and had to be put on an iv. now he is supposed to get into a tougher regime. however, they are not saying where that is. and one of the things that does tend to happen when a prisoner is in the process of being transferred within the russian prison system, is that they're completely out of communications. they're not allowed to communicate and also the prison service itself does not communicate. it's up to the legal team to actually find out where he is. we might hear from alexei navalny at some point in time when he's reached the new place, when he's gotten settled in there. but as of right now, they simply have absolutely no idea where he is or how he's doing. >> fred, let's talk about the timing here. this comes after all the billboards went up across russia appear to say happy new year but then if you go through the qr code posted on them, they talk about, quote, russia without putin. they were apparently paid for by navalny's anti-corruption foundation. and here is what the head of that foundation told cnn last night about the timing here. >> if you just look to the timings, navalny disappeared tuesday last week and the official elections were announced on thursday. putin wants his re-election to be as smooth as possible. he likes his opponents to be silent. >> how significant is this timing? >> reporter: yeah, it is quite fascinating timing. one of the things we have to keep in mind is that vladimir putin did just a couple of days ago announce that he was running again. then they did manage to get these billboards put up, which the russian authorities clearly were not happy with at all. in fact, there's video of those billboards then being taken down very quickly once the authorities found out that if you go on the qr code, that you actually come to a site that says don't vote for vladimir putin. it's certainly not what the russian leader wants. and once again, one of these instances where alexei navalny's anti-corruption foundation is trying to make its mark on these elections. so certainly not something that vladimir putin wants. at the same time, it's not clear whether or not it has actually anything to do with him essentially going dark at this point in time or whether or not it is that transfer or some sort of other reason. nevertheless, the concern certainly remains on the part of his family and on the part of his associates as well. >> fred pleitgen, thank you so much for all the reporting. keep us posted. critical legal question in the federal election subversion case against donald trump is now heading to the donald trump. we'll examine jack smith's move being described as extraordinary. and ukraine's president is in washington, heading to congress, as the battle to pass more aid for the country divides congress. a top democratic negotiator in the senate joins us with where things stand ahead. ♪ welcome back. the nfl had a rare monday night doubleheader and gave fans one of the most improbable comebacks in recent memory. >> the titan stunned the miami dolphins. and the pick 'em pool, 14 points in the final three minutes to win. coy wire joins us now. coy, what happened? >> reporter: yeah. improbable. titans had just a .3% chance of winning in the final three minutes, according to espn analytics. didn't matter. check it out. down two touchdowns with 2:46 to go. rookie quarterback letting it rip to hit deandre hopkins for the touchdown. tennessee would go for two. they would get it. it was now a six-point game. after some great defense, tennessee gets the ball back and it's levis to hopkins again for the big play. levis had 129 yards in the final two drives and that set up king henry, derek diving in for the score. titans rally to win 28-27 the first team in seven years to overcome 14-point deficit in the final three minutes. you have to check this out. tommy devito is a whole vibe. rocking chains and a fuzzy pink pullover pre-game versus the packer. the kid from jersey still lives with his parents has an agent who looks exactly like you would expect. that's sean stilato. is this not glorious, poppy, phil? >> coy, i love you generally. i love you so much because i literally walked in the office this morning and all i was talking about was sean and how tommy, his family, everything about it is wonderful. kissing the dad. the dad kissing the agent. it's like a script writer could not have written a better script. frankly, i don't know how you feel, he's done well. throws a good ball. improved every week. i love it. >> reporter: look, they won three-straight. in large part to tommy devito and kisses all around for kisses. they beat green bay, rolling in style. >> coy, a lot of jets fans on our team here, but i think everybody can appreciate tommy devito. coy wire, appreciate it. "cnn this morning" continues right now. the supreme court moving fast after the special counsel asked the justices to rule on one of trump's main defenses. >> whether he is immune from prosecution, whether he is protected from double jeopardy. >> jack smith wants to skip the middle step. voters need to know if this man is a convicted felon when it comes time for the election.