actions the attorney general merrick garland oversaw actions that were taken by jack smith, the special counsel. she wanted to know, for instance, whether the attorney general, specifically on personally approved the indictment. this indictment against donald trump and a couple of other people who worked for him here in fort pierce. and she also questioned trump's attorneys when trump's attorneys emil bove beauvais, said that he believed that jack smith was essentially a shadow government the argument that they were making here today will, was that jack smith was illegally appointed by the attorney general because he came from outside the government. he's not someone who has been approved by the senate. this is a long-shot request, but it is one that the judge for some reason decided needed to be heard, needed to have have an entire hearing. and she also allowed outside parties are groups that had nothing to do with this case, to actually spend a couple of hours making arguments before her today. she did not rule from the bench as she tends to not do. but it is clear that she is entertaining pretty much every argument that donald trump his attorneys have to make and i take it to judge cannon will hold more hearings next week. is that right? oven that's right. >> well, this is the first of three hearings as she is scheduled on monday. where we're going to be in court, where the trump attorneys and the special counsel are going to square off over the issue of a gag order. now, the special counsel is asking for there the court to issue a gag order on the former president because of some of the incendiary remarks. he has made accusations, he has made the government says that is putting fbi agents at risk this is all over the search of mar-a-lago back in 2022, he is also she's also going to have a hearing on tuesday where trump attorney her knees are trying to get some of the evidence that was seized in that search at mar-a-lago, have that tossed aside as part of their efforts, again, to try to delay this case or to try to get make sure that it never goes to trial at all, wolf, all of this, of course, these delays that we're getting as a result of the judge entertaining pretty much every one of these is what's eating away at this calendar. it makes it very, very unlikely that we're going to get a trial anytime soon and certainly not before november evan perez in fort pierce, florida reporting and all of this. thank you very much. are legal and political experts are here to break all of this down for us, write down norm eisen. let me start with you but first i want to inform our viewers. you're on the board of a non-profit that actually filed a brief. you didn't sign it or contribute to it, but you know a lot about it. specifically involving trump's defense team arguing the jack smith should no longer b. the special counsel wealth. these arguments to knock out special counsels have been tried in court after court, before both democratic appointed judges and republican appointed judges, they have uniformly failed. >> and i think despite judge cannon's skeptical questioning of both sides, what we know from the hearing is there is no legal basis to challenge the appointment of special counsel jack smith here there's no constitutional infirmity know regulatory infirmity. this is an example of judge cannon's typical over caution when she confronts these issues she should not have wasted a day on it. >> i'll let me get a lisa adams into this conversation. at least your former federal prosecutor, you understand what's going on. a lot better than those of us who didn't go to law school. do. judge kenneth didn't issue a ruling today? how likely is this challenge to succeed? >> i agree with norm. i think it's highly unlikely for it to succeed, at least we all hope it is because as norm also indicated, this is kind of, well-settled. there is precedent and these arguments since have been made before other judges in the dc circuit, for instance, more recently with the appointment of bob mueller and they have been rejected. i think judge cannon was being very cautious. she allowed the defense to make a record. think that's also why she oddly allowed these friends of the court to make oral arguments, which i have to say it was an extraordinary step. i have never seen it in my years of practice and so i think she's going to take all of that back issue who are really, really shortly. and again, we don't know what she's gonna do, but i think it's unlikely that she would move to remove jack smith will find out fairly soon. i suspect phil mattingly, critics of judge cannon, as you well know, have noted repeatedly that other judges have previously rejected these sorts of arguments about removing special counsels that's been that's the history, right? >> that's history. and it's not just critics. i think you just need to look at the history and you can objectives. we say that whether it was in the hunter biden special counsel case robert molar is you were just citing back to nixon becton dickson case is back in the mid 70s that this is pretty settled at this point, or at least the precedent is pretty said. >> i think the one thing that i would dispute to some degree is that yes, they might not win this particular motion, but they're winning if you're trump's lawyers right now because you're drawing it out, it based on what aileen cannon has done it nor made the point over cautious, methodical, and some level having hearings on everything, even if it diverges from how the court usually operates down there it just gives the trump team what they want, which as you continue to push it further down the calendar, evans said it eats up the calendar. >> there's no way it happens before november. that's the goal. and in that sense, they're winning in some level. >> important point in a paula reid, you're watching all of this very closely, especially the us supreme court. we're all awaiting this ruling from the supreme court on whether trump should have immunity from any criminal prosecution. the earliest we can now get a decision from the nine justices. what next wednesday? >> yeah, that's what we expect in this relates to the other jack smith case against the former president related it's election subversion and january 6. >> and this case has enormous implications, not just for the former president, but for future presidents as well as one of the biggest questions on presidential power that the supreme court has contemplated in recent years in the lower courts, this idea that for the former president has some immunity or broad immunity has been completely rejected. >> but what was interesting is even though sources and trump-world didn't expect that this would be accepted by the high court during oral arguments, the justices it seemed open to at least recognizing even some limited immunity for presidents, which would mean this whole case goes back down to the lower courts. and a lot of folks have asking, well, why is it taking them so long? they've been in no hurry to move on. this jack smith asked him to decide this question back in december, instead, they waited for it to go through the appellate process, arrive at them and now we're in the last week. what we expect will maybe b. the last week and we're still waiting on this decision, so they're helping in that trump's strategy to the lash, taking a long time, but it's very significant decision that we're all waiting for. what do you think at least what's the most likely outcome? >> yeah, i think after listening to the oral argument, the most likely outcome is disco is going back to the district court for some factual findings. i think the court is most likely going to require the judge to decide what was official acts and what we're unofficial acts seem like. that's where they were heading. >> again, we don't know. we're going to have to wait until we see, but no matter what, i think the important point is that just like the classified documents case, it is going to kick this even farther down the road and i don't see that case going to trial before for the election in november. so get to that point if the strategy was to the leg, they have 16. do you see it of course, leases, right. >> it's going to be tough if there's a test to get that trial. that case to trial. but what you might get is a mini-trial because if there's a test for judge chutkan in dc. she's got to apply the evidence to the law. and that means she needs to take witnesses. we saw this in the removal of the georgia 2020 election interference case. there were hearings mark meadows, jeffrey clark, a mini-trial does donald trump have this immunity? or not? so that could have an impact, not the same as the trial, but we could have that same attention where the courts have been so important in this 2024 political season we bring fell into this conversation fill, as you know, a clerk to former supreme court justice anthony kennedy, i'm talking about leah lipman writes this in a new op-ed and let me put it up on the screen and read the reasons to think something is rotten at the court are impossible to ignore. >> this court has lost the benefit of the doubt for myriad reasons, including its willingness to act quickly in cases that benefit republican interests and quote, how is this delay likely to impact the court? i was that likely to impact the respect of the court and all of that? >> i think the court has very much particularly in the wake of the dobbs decision that struck down roe versus wade tract with where the entire country has seen its politics over the course of the last several years. where does now a very split issue, its popularity level has been kind of hovering around 40, 35 at its lowest point. it doesn't seem like it's going going up anytime soon. people on partisan basis have very clear views. the opinion piece that you're citing there is both comprehensive and it's compelling in the sense that it pulls together a lot of examples that she says prove their case. i have no reporting on how the court is deciding the timing of this specific case. what i do know though, is particularly heading into the november election, what this demonstrates more than anything else is a 6-3 conservative majority has actual repercussions. they have moved the court in a very clear ideological direction on some of most critical. and i think divisive issues inside the country that's the way it works on some level. and i understand why people might not like it or be viscerally opposed to it, but they are acidic confirm judges. and if you're the biden campaign, i think you're looking at this and you're looking at the age of the current the court and you're making this a central issue like donald trump very effectively, did 2016. >> it's interesting, there's another key ruling we're all waiting for, as you know, this, paula on involving the january 6 defendants, it could also impact the criminal case potentially against donald trump involving january 6. what are their stakes in this specific? okay. >> so this is one of the other big outstanding cases before the high court in here. it's a question of when you can charge someone with obstruction. does it apply to the insurrection? what we saw on january 6 or is obstruction of an official proceeding, is that limited mostly to investing? now, here you are focused on a defendant who was charged with seven different counts. one of them is obstruction, depending on how this case goes, this could potentially impact the case against the former president president, when he talked to his lawyers, they refer to this case and the immunity case, as quote, our cases. but to phil's point, i think while these cases rep, potentially have an impact on the former president when it comes to the election, the outstanding abortion case out of idaho, depending on what the justices do there that decision could have the biggest impact on the election in terms of galvanizing voters will be watching all of these decisions. and there'll be coming in the next two weeks or so. we suspect, although they could delay, we'll see what happens, guys. thank you very, very much. just ahead. news. just coming in from las vegas a judge dismissing charges against six republicans accused and a sweeping fake electors scheme. plus one of donald trump's closest advisers filing an emergency appeal in a last-minute bid the stay out of prison stay with us urine the situation the athletes in awr portion a limit of what is capable ready to show the world how good i am. >> i trained all over the globe. and that's what you're going to see an awl whole different beast we wednesday night dynamite it, aid on tbs there are giant mug they for the men and woman building daibes next generation submarines. >> they are giants and what they do because they work in a place where they can grow they can learn the skills to build careers as powerful as the beast. they four, 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possible ever north health services violent earth would, we have schreiber sunday at nine on cnn closed captioning brought to you by thunder shirts constant gentle pressure for a calmer pet. >> if your dog suffers from fear of thunder, fireworks separation, or any other anxieties, thunder shirt can help thunder shirts find at retailers like pet smart and petco in nevada tonight, a judge just a dismissed the criminal indictment against six republicans accused of signing certificates that falsely declared donald trump the winner of the states 2020 presidential election. sara marie is joining us right now. she's got more on the so-called fake electors case. what does this mean, sarah? >> yeah. well, if this was a judge again, in nevada who dismiss the charges against half a dozen pro-trump fake electors in nevada. and the reason the judge made that decision was she essentially said that this case was brought in the wrong jurisdiction. it shouldn't have been brought to her and clark for county near las vegas. it should have been charged in northern nevada now that have an attorney general, aaron ford said after this decision, he told the associated press, other reporters who attended this hearing that he would go straight to the supreme court he said the judge got it wrong and will be appealing a immediately. but defense attorneys in this case feel like this could effectively b. the end of the case, they believe that there was a statute of limitations at play here that's going to prevent the government from being able to continue to fight this battle. wolf or you're also tracking steve bannon's attempted sarah to delay prison time. >> what can you tell us about that? >> that's right. well, if it's something of a long shot, but steve bannon went to the supreme court today asking them to press pause on his it's prison sentence. the one that's set to begin on july 1st, that comes after an appeals court said yet late late yesterday evening that they were not going to pause at this prison sentence it's again this has been a long time coming. it was two years ago that steve bannon was convicted of contempt of congress for refusing to provide documents are testimony to the house committee investigating january six he was sentenced to four months behind bars, but that was put on hold while he tried to appeal his conviction, something that he's so far been unsuccessful in. so this is sort of his last ditch attempt to try to stay free and continue these appeals. now, bannon's rhetoric has gotten even more pitched in the run-up to this potential prison sentence. he's vowed that if donald trump wins another term, they are going to go after the department of justice. take a listen to a little bit of what he's been saying on his podcast we are going to purge doj. >> we're going to take apart the fbi the fbi, the american gestapo, that building of pennsylvania avenue. we don't need four million dollars for new headquarters are not going to need a head course and not going to be the fbi and will if it probably won't surprise you to know that bannon and his team believed that department of justice wants him behind bars now because they don't want him speaking to his viewers in the run-up to the presidential election, bannon's attorney even put in court filings that millions look to him for guidance ahead of november. the fbi, the american gestapo, horrible. all right. sarah marie, thank you very, very much. and this just in to cnn, multiple people had been shot at an arkansas grocery store cnn's isabelle results as one of this latest terrible shooting. what's the latest isabel? >> well, if this is a heartbreaking moment for the city of four dice, arkansas force to deal with a mass shooting at their local grocery store. we do have new information from the director of the arkansas state police, mike hager on the number of people hurt killed, and the conditions of those people as well. and total 14 people were shot. this includes civilians, police officers, and the shooter of those 14, 11 people worked civilians, three of them were killed. that is an update from just hours ago when we had heard of two we also know that the injuries of the survivors, they range from non-life threatening to quote, extremely critical mike hagar also telling us a to law enforcement officers were hurt, shot in this exchange of gunfire with non-life-threatening injuries, and the shooter just one alone shooter shot by i law enforcement with non-life-threatening injuries and taken into custody. there was a witness outside of this grocery store just trying to get gas, who got video? he heard popping that he thought was fireworks. listen we are live here at mad import is on there shooting going on scary situation for sure. >> and once he saw what people, david rodriguez, the witness saw people running and heard the sirens and the ambulances. he quickly realized that that popping wolf was no fireworks instead, that came from a gun isabel results. thank you very much for that update coming up new cnn reporting on the race to be donald trump's vice presidential running mate, including who is advising the former president on this decision. plus new video showing a very dangerous moment for another southwest airlines flight alive report on what happened that prompted the control tower to ask the pilots if everything was okay the most anticipated moment of this election and the stakes couldn't be higher. >> the president and the former president's one stage moderated by jake tapper and dana bash. to cnn presidential debate thursday night at nine live on cnn and streaming unmatched and want the next and viagra, but faster meat roast parts. they contain sildenafil and to dalla fill with sparks, dissolve under the tom dissolvable work faster than old-school pills cia sparks are right for you at row.co. last sparks so trouble losing weight and keeping same discover the power of week-old be what the gobi i lost 35 pounds as some lost the 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about donald trump's search for a vice presidential running mate. this as trump and president biden are both gearing up for their historic debates showdown on cnn just six days from now, mj lee is standing by for us over the white house. but first, that's going to cnn's kayla tausche. kayla, what are you learning first of all, about who the people around trump are pushing him to pick well, because donald trump has set up this reality style competition for his vice presidential pick wolf, we're learning that there is a very aggressive lobbying campaign that's taking place behind the scenes. >> and in some cases, it spurred by trump himself. i'm told that edit dinner that he held with top wall street finance here on the night of his criminal conviction, that he went around the room and asked each of the roughly two dozen attendees who they would pick for vice president and why i'm told that there was some i'm support for doug burgum, the former north dakota governor. there was some support for senator tim scott. there was some support for senator jd vance. there was even one attendee. i'm told who vouched for onetime trump cabinet official and his most recent gop primary challenger, nikki haley to which trump was just silent and scowled. but senator marco rubio, i'm told, was the informal winner of this straw poll. he received the most votes from the attendees at this the donor dinner. and they cited one reason in particular, they believed that were something to happen to donald trump, who is 78-years-old, that the 50 three-year-old, rubio, as seasoned politician and candidate himself with strong latino back ground who could help them in some states like nevada, that he would easily be able to step into that job. so it's clear that rubio is one of the favorites of the donor class, but it's not clear that that is going to be trump's pick because influential right-wing voices in the republican party has been urging him to pick senator jd vance among those individuals, tucker carlson steve bannon, and his own son, donald trump junior. and then there is the murdoch empire, which has been a lobbying behind the scenes for doug burgum touting his business bona fide. but as for who trump will pick, it usually depends on who has spoken with trump most recently. and that's why everyone is jacking to be in that position we'll see what happens. i kayla standby. i want to bring in cnn's mj lee. she's over at the white house for us mj. how much time is president biden right now devoting to repairing for this upcoming cnn debate well, will we really don't expect to see president biden in public much that all the next couple of days. >> as he's going to be hunker down at camp david with a small group of advisers to really do intensive debate preparations of the team is expected get it to go through really anything and everything that could come up on that debate stage. a wide range of policy issues, but also the full range of potential insult both and attacks that could come their way from donald trump, including insults that are directed at members of the biden family. and then of course, as we get closer to thursday night we expect the biden team will do full run-throughs of the debate. and just to give you a sense of what those mock debates might look like at camp david, bob bauer, who was the president's personal attorney attorney, who is expected to once again play the role of donald trump at these mock debates. he said on cnn earlier today that the person son who is playing trump really needs to recreate the experience of what it is like to go up against donald trump. but at the same time, avoid being too fully thing the utricle that back would actually end up being distracting. now, all of this, of course, will sort of boils down to one overarching goal for the biden team. and that is to make the case of the audience that is tuning in. you have two choices come november, it is meat and it is donald trump and i am the better alternative. and this was vice president kamala harris earlier today talking about what she said was a binary choice take a listen joe biden and this debate will make clear the contrast of the many issues in our country and our world that are complex and nuanced november of 2024 is binary and when you look at the difference, i would ask people to really yulia imagine what the world will be like on january 20 2025 and woke we of course expect that the biden team will have fully study aid donald trump's recent public comments, as well as going back to watch the tape from the 2020 debate. but the one thing that the biden team can't know for sure is how discipline donald trump will try to be at next week's debate, will mj lee and kayla tausche to both of you? >> thank you very, very much. we're joined now by cnn senior political commentators, van jones and anna navarro. anna, we've seen now nikki haley, as you know, draw significant support in various gop primaries even after you're trump's secured the republican presidential nomination, do you think any of these names will actually help trump unite republicans i think marco rubio would actually help him with some of these stablished republicans, some of the people who some other republicans were very nervous about trump i just don't think there's any way in hell that donald trump is ever going to forgive nikki haley. >> looks like he's forgiven jd vance looks like he's forgiving marco rubio, both of him attacked him viciously in 2016. but nikki haley, i think he puts in a different category because she bit the hand that fed her foreign policies bona fide these come from being his un ambassador. he put her in his administration and she turned on him. >> i don't think that is ever going to be forgiven by donald trump if it does, it's going to take years, not months i think marco rubio is a very inspirational speaker, has a a great backstory. >> i almost have a hard time thinking that donald trump we'll put him on because i think he's a better speaker and a better candidate than trump himself. >> interesting. van jones, i'm anxious to get your thoughts. what do you make of the fact that almost all of these trump potential vice presidential finalists have previously been very, very critical of trump well, i mean, pretty much every human being on earth has been critical of trump because trump dustup that man's criticism he gets indicted, he gets impeached, he insults people. he's awful if you had a child like that, you would you be very, very concerned. you certainly wouldn't hire someone like that. so there is very few people whose last name or not trump that have not criticized him. so he's got to swim in those waters. that said the last time he had to pick somebody. he was trying to consolidate the party. he had problems. he had to figure out how can i get the ip angelica is on my side. how can i get the business community go with me? we had to he was forced to pick with pence right now. he has no problems with this party. he can do whatever he wants to. he acts completely unacceptable and they all want to vote for him anyway. so that's why he gets a chance to play this little game. just reality to show competition. and at some point i'll just you literally throw a dart because there's not one part of this party not to have angelica calls, not the business community, not the grassroots that's willing to stand up to the sky and say, you are not behaving an acceptable way for an american leader. they will all bowed down so now, it could be rubio, it could be tim scott, it can literally be kermit the frog. they are still going to vote for him the same numbers and he knows it i don't think it's going to be kermit the frog ago when i can because i think there's certainly, he doesn't need help with a base in 2016, he needed help with the base. he needed help with the evangelicals particularly after the access hollywood tape right now, we all know this race is going to come down to six or seven states and hundreds of thousands, if not less, voters. and he does have a problem with a certain wing of the republican party, who don't like him because they actually are still an order and who have issues with his foreign policy. some there are people on that list, including nikki haley, including marco rubio who would come? the nerves of some of these republicans and right-leaning independents who are not at all comfortable with trump as you know, van trump is now calling biden and i'm quoting him now, a worthy, worthy debater. >> that's the new interview and that's a big departure from his previous questioning of biden's mental fitness. what does that reveal to you that reveals a they realized he's made a mistake of lowering the expectations of the point that as long as joe biden can fog the mirror he's got a witness debate because donald trump has spent the whole time telling everybody this guy is basically a walking corpse and so he's dao trying to back pedal and then he's got some the next six days tracing the guy and pretending like he's socrates or something, but it's too late. >> he's already like the cake is baked. he said that that biden you can't do it. he said that sleepy joe biden outsource stuff and binds gonna go in there and give a discipline strong performance. and by the way, if you can stand up and anybody has been living with this guy, if you can stand up to donald trump? who was a runaway freight train and a grizzly bear at the same time and holds your own for an hour-and-a-half, you are fit to be president. so you can't change it. now, you said this guy is a complete loser. you can't do anything. he's going to stand up. donald trump for an hour-and-a-half and you can't now he wants it to move. it's too late. it's too late. he's already he's already made as big as that lie on it. >> i van jones and navarro to both of you. thank you very much. just ahead. major rulings just coming in from the involuntary manslaughter case 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saved hundreds with all the money i saved that i'd by still say honey oh, look, no line at the hot dog stand? yes only pay foo for only $20 a month x chair.com. i'm ed lavandera and real dose. so new mexico, this is cnn all right. >> this just in to cnn, new us confirmation that americans have died during the hajj pilgrimage and saudi arabia, as temperatures they're soar well above 100 degrees. cnn's aleks burke board has joining us here in this situation room. he's got details what he learned well, we've just heard from the state department that among the hundreds of deaths that have been confirmed so far, and it may be more than that that there are multiple us citizens that's according to the us state department, they offer their condolences, but they're not saying anything more due to sensitivities and privacy surrounding those that's a multiple americans have been killed. >> it has been an extraordinarily hot year for the hajj when muslims from all around the world of make their way to mecca, the holiest site in all of islam. temperatures peaked earlier this week at some 100 and 25 degrees on monday. that's 50 51.8 degrees celsius, the hottest day in mecca as history. so far, the death toll is right around 500 people and we have seen scenes, disturbing scenes. i have to warn our viewers of video coming in from mecca with some of those two died on the side of the road pilgrims who go to mecca walk around the city they spend days there they, many of them are sleeping intense at night and you can see there some of the casualties from this heat the estimated death toll right now is around 500 people from all around the world, but it could double that there are countries like egypt and saudi arabia that have not yet reported their deaths. >> deepest condolences to the families. thank you very much. alex, marc work with that update. >> we're also following a hearing in new mexico on the criminal hello. >> case against the actor and producer, alec baldwin, stemming from the fatal shooting on the set of the film rust back in 2021, were joined by our cnn security correspondent, josh campbell and our cnn legal analyst, joey jackson. josh v2 you there's been a lot of action in court today just ahead of baldwin's criminal trial update, our viewers have wolffian that hearing still underway right now. >> we're waiting to see whether this judge in new mexico will side with baldwin's team and dismiss the indictment against him. what the bolt one team has alleged is that while the gun was being tested by the fbi, this was the gun that alec baldwin was holding back in 2021 when it went off, killing cinematographer halyna hutchins. but when seemed claimed that the fbi testing destroyed that gun, which means that they're not able to recreate whatever that testing was. of course, the gun itself and key piece of evidence because the fbi determined it could not have gone off unless someone actually pulled the trigger. now there was a separate motion to dismiss that the judge said, no, we're not going to do that, but we're waiting on this one motion here which could come at any moment and then separately the armor on the the set of the movie, hannah gutierrez reed, the person responsible for firearm safety. she was previously convicted of involuntary manslaughter. the judge ruling today that they will not grant i enter what's called use immunity she could still be called to testify in baldwin's trial, but you can't be asked any questions that might incriminate her. so busy development in court today? >> and joschka this week are the prosecution filed a motion calling alec baldwin reckless. what does that reveal about their strategy yeah, this is interesting. >> the more we're learning from this critical new filing from prosecutors is that they're not just focusing on the moment that the gun went off, but they're looking in the days and weeks before that and what they claim is that actor alec baldwin had been engaged in a pattern of unsafe practices. they claim that based on a review of video evidence that they obtained on the set of the moon that baldwin was using the gun as a pointer that he was engaged in, what they referred to as horse play at one point while setting up for a scene allegedly, it fired a blank round at a crew member. of course, alec baldwin has denied all of all of that, saying there weren't unsafe practices. he has pleaded not guilty, but all that tracks so that's what the initial prosecutor in the case told me early on whenever the charges were first brought, take a listen here to the da at the time describing this culture of unsafe practices they found on the set this baldwin being charged as an actor who is holding the gun or as a producer on the set, who was negligent about the safety standards, can you we helped describe that. he's being charged as both. he was the actor that pulled the trigger. so certainly he's he's charged as an actor, but also as a producer. he also had a duty to make sure that the that was safe so they're key strategy willful appear to look at the totality of the circumstances over the period of several days. >> of course, we'll wait to see what happens when the trial i'll begins next month, but again, right now, waiting for ruling on whether to dismiss the case that ult any moment, wolf and joey, you're a legal analysts, give us your analysis what this what does this mean just ahead of baldwin's trial? >> yeah so what they're really doing, they being the defense team is attacking whether or not the case should go to trial for the following reason. >> remember this is not a murder case. a murder case you're premeditated, you're showing intent, you're showing purpose, you're showing it was your goal all it was your objective to produce a death that's not hear what the issues here are dealing with. recklessness, that means your conduct, you consciously disregard the risk that if you engage in unsafe behavior, something bad will happen. it did you saw there and josh, his patient has interview where he's asking, right? josh, you just just ask the question as to how is he being charged? i think from an actor's perspective, it's much more sympathetic why? because you're an actor and you have a right to reasonably rely upon your teammates, other people that the gun is a cold gun. it's safe, it's not going to go off i think as larger issue to josh's point and questions of the district ay is are you being charged also as a producer there? what is your duty to ensure that the entirety of the set is safe, that the systems in place with regard to guns and their use or dummy gun should indeed be dummy guns. and so to the extent that the problem prosecutors going after him in these dual ways, it presents exposure for him. last point, what the team's arguing, the fence team has at hey, if it's a dummy gun, it's a cold gun. how could you consciously disregard the risk that it's going to result in death? you don't think it's real. the judge has to grapple with that issue, and i think the judge is saying that that's a jury question, meaning a joke. three is there to determine facts? let's let a jury determine the safety of the set and the propriety of your use of that weapon, they'll decide i'm not going to joey joey jackson to josh campbell, to both of you. thank you very much now, to a new scare, the skies, just what we don't need. another major scare, a southwest flight under investigation for blind dangerously low over an oklahoma town. our aviation correspond repeat been teens joining us with details, how serious pete is this latest aviation incident? wolf air traffic controllers really saved the day here, even still very alone. farming especially since this is the second incident in as many months involving a southwest flight getting too low. this case happened just after midnight on wednesday morning, and this is the doorbell video into cnn. it shows southwest flight 40, 69 on approach to land at will rogers world airport in oklahoma city, about nine miles away from the airport. the town of yukon, oklahoma. >> the plane was lined up to land on the runway that point southeast and the data from flight rate are 24, says the flight got down to five 25 feet above ground level. >> let's put it in context. it's about 1.5 football fields only four lengths of the 7:37 itself or the height of the washington monument? half the height of the empire state building. >> the point is very low for that distance from the airport, the faa says a minimum safe altitude warning or m saw alert sounded at the control tower prompting the air traffic controller to issue southwest 40, 69 low altitude alert. >> listen here before 40, 69, low altitude alert. and the pilots climb back up and maneuvered for a safe landing. nobody was hurt at this. the faa says it is investigating in southwest is doing its own internal investigation. here's what the airline says in a statement, southwest is following. it's robust safety management system is in contact with the faa hey to understand any irregularities with the aircraft's approach to the airport? nothing is more important to southwest than the safety of our customers and employees. the question here is how this could happen. did the pilots improperly configured their instruments like in the crash of a korean air flight and guam in 1997 or were they simply fatigue? in depth or really long day? remember, this light was coming in after midnight and pilots i talked to you say they'd been worked especially hard lately, big questions here for investigators. >> the good news is the layer because of safety work that low altitude alerting system and use by air traffic control stop the accident can that was headed toward disaster. thank god for that, pete been tina. thank you very much coming up alive. report on a truly shocking story from paris, where at least two young boys are now in custody after a brutal anti-semitic attack on a 12-year-old little jewish 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also allegedly used, including calling her a query which dirty jew. >> the boys have been taken into custody according to the local prosecutor. it comes at a critical time in france with an election cool to test the rise of the right butt that has put the future of the government itself on the line. an attack that has sparked intense political debate on antisemitism, further heightened by israel's war in gaza president emmanuel macron has condemned a scourge of antisemitism that he says is festering in french schools. according to francis interior ministry anti-semitic incidents in france it's rose 284% from 2022 to 2023 but this attack has brought demonstrators to paris's city hall comes to vote on s is often the case antisemitism is a barometer of a country's democratic house. >> and right now, it says something about friends society, more protests or plan this weekend is antisemitism now takes center stage as a political issue just days before the country heads to the polls lots, of balance joining us now, live from paris, melissa, what more can you tell us about how this horrific incident is influencing a very unstable moment right now in french politics let's try. we're in the middle of these parliamentary elections. they had like sensitive few days away wolf, and it is a particularly bitterly divided french society that there is all the political leaders of the main parties have come out to condemn this attack, but bear in mind that this is an election very much dominated by the extremes on the far right, the national to rally a park that was founded after all, by a holocaust now, even though it has sought to put distance between itself and that, and on the far left by one liter who described eji, semitism is simply residual, drawing, an outcry. then this politically charged atmosphere, of course is also putting this central stage again in a country that was already having a conversation about antisemitism melissa bell in paris for us. >> thank you very much. 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