♪ ♪ ♪ former president donald trump set to be arrested and arraigned again tomorrow. we have new details on what to expect in court. >> prosecutors named six co-conspirators allegedly involved in the scheme. so will they face charges now? might it be possible they could flip? >> the special counsel praising the law enforcement who stared down an insurrection, pushed back rioters on january 6th. one of those officers joins us on what today means for them. sara's off. i'm kate bolduan with john berman. this is "cnn news central." ♪ ♪ tomorrow, former president donald trump is expected to be arrested and arraigned again following a third criminal indictment. this one is different, not having to do with hush money payments before he was president, not having to do with classified documents after he was president. this was while he was president and his fight to stay in power after losing the election. he's charged with four new federal criminal counts. >> you put your finger on what makes this so historic is being charged for what he did as president which is unprecedented to say the least and he did it as president to basically obstruct the peaceful transfer of power. the new questions this morning, who testified to the grand jury? what exactly did former vice president mike pence say and these six alleged co-conspirators. they are unindicted and might they face charges and could they possibly flip? cnn justice correspondent evan perez with the details on the court appearance tomorrow, evan? >> john, we expect that the former president is going to come to court here in washington. he was offered the option of doing it by video link. basically, he could do this by zoom from his club in bedminster, new jersey. the security people have encouraged the former president to do it that way. obviously, it's more for everyone including himself and of course, the security of the court, but it appears that the former president is likely to take the option to come to court, and so what we expect is some time tomorrow afternoon he's going to present himself in federal court here in washington. he's going to be formally arrested. he's going to meet with a federal magistrate who will read him the charges and we may have the arraignment all in one hearing as a way to do this more efficiently. obviously, this is going to be a bit of a mess here in washington at 4:00 p.m. and the former president has a golf club in northern virginia. so all of this now is triggering a security meeting among the secret service and the marshals, and all of the federal agencies to try to get him to court. he has a club in northern virginia where he could stay overnight. we don't know if he'll come to washington tonight or if he'll come in the morning and we'll have a show, let's just say at the courthouse tomorrow. >> so, evan, look, we know one of the primary defense strategies for the form are president in florida with the mar-a-lago conference is delay, delay, delay. will that be the same here? it is the strategy, but this is a case, i think if you look at this case, john, you will see that it is a case that seems designed for it to go to trial much more quickly. this is a case where -- this is an investigation where prosecutors looked at everything from the financial entanglements and the fund-raising aspects. we know that they looked at all of the fake electors and they offered immunity to a lot them and as you pointed out at the top there, there are a number of co-conspirators. they did not include them in this indictment. that is apparently being handled separately. so this is a court that has repeatedly told to defendants that one of the things they want to do is handle these cases as quickly as possible to basically be a deterrent against anyone doing what happened on january 6th again. so we expect that this judge is going to want to move this a lot more quickly, john. >> evan perez, great to see you. keep us posted. let's turn now to those six unindicted co-conspirators, the indictment does not name them because they have not been charged with any crimes yet. cnn has been able to identify most of them, though, and the big question is will these people who allegedly helped trump face legal repercussions of their own? cnn's jessica schneider joins us with more on this. what more are you learning about what kind of trouble these unnamed, unindicted co conspirators be themselves? >> yesterday, kate, special counsel jack smith, he made clear this investigation continues and it is very possible, very likely that at least some of these six co-conspirators could face charges or each by naming them in this indictment and it would pressure them to work with investigators and the first co-conspirator that cnn has identified is rudy giuliani. he is described in this indictment as an attorney who is, quote, willing to spread knowingly false claims and pursue strategies that other attorneys just wouldn't who were involved in the campaign. so that description alone, it does indicate that charges could be coming. giuliani was front and center pushing these election fraud claims and he led that, fort to pressure state legislators to overturn the election. co-conspirator number two, former trump lawyer john eastman. part of what he did was he circulated a two-page plan for vice president pence to overturn the election. interestingly here, not only is he at the forefront of part of this investigation by the special counsel, but he's already been facing disciplinary proceedings in california fighting there to keep his law license. so there could be more legal fights for him to come. now moving on to co-conspirator three, that's former trump lawyer sydney powell, she, too has face ethics complaints in other states after her conduct in this election and she's described as circulating claim of election fraud that even trump acknowledged sounded crazy. then we have co-conspirator number four, that's former justice department official jeffrey clark. he's accused of pushing these fake election claims to try to get state lawmakers to overturn the results in their state. interestingly, it was just about a year ago, last summer, that fbi agents did search jeffrey clark's home and there could be legal trouble coming to him, very possible and co-conspirator number five, kenneth chesebro and he faced ethics complaints and could face charges here. a lot detailed in this indictment, john and kate. this investigation is still continuing and the special counsel made that clear yesterday and they could potentially face charges. >> jessica schneider, thank you so much. always good to see you. thank you. so the indictment says that trump and the co-conspirators exploit the violence and chaos of the january 6th attack. in the aftermath more than 1,000 people have been arrested in connection with the breach of the u.s. capitol. the special counsel praised law enforcement who faced down the rioters that day. listen. >> the men and women of law enforcement who defended the u.s. capitol on january 6th are heroes. they are patriots and they are the very best of us. they did not just defend a building or the people sheltering in it. they put their lives on the line to defend who we are as a country and as a people. they defended the very institutions and principles that define the united states. >> as many as 140 officers were injured that day. one of those officers is d.c. metropolitan police officer daniel hodges. he joins us now. daniel, it's good to see you again. it is -- no one will ever forget the video of you being crushed as you all were trying to hold the line and hold back rioterses on that day. with that in mind, what does this indictment mean to you as someone on the front lines defending the capitol that day? >> this indictment has been a long time coming, and i'm grateful it's finally here, and in so many ways it's just the beginning, really. so while it is great to finally see some movement on that front, it's just another step in the process. so i'm looking forward to the trial, and i'm looking forward to being as speed as it is effective. >> does this feel like accountability to you? >> like i said, it's a step in the process. accountability is the end of the trial when he is hopefully found guilty of these crimes and his sentencing is carried out. that is personal accountability for trump and hopefully his co-conspirators. ultimate accountability would be cultural. how the name donald trump would be held in disgust by americans, but that's a long way off. >> what do you think of that statement from jack smith noting the heroism shown by you and hundreds of other officers that day? >> the fact that he spoke for only a couple of minutes in announcing the indictment and as part of it, he spoke to you all in that time. jack smith was very free with his praise, and i'm very grateful for his acknowledgement, and i really have to return it that he took these assignment knowing that he was put in the crosshairs of so many pundits and people who are members of a donald trump cult, but he's clearly done his job. he's put together a very compelling indictment, and i am grateful for him and his team and the work that they've done. >> a very different reaction from all of this a statement from donald trump and his campaign after this indictment is comparing the case to the persecutions from nazi germany. the statement from his legal team is that this is all protected first amendment speech. he's expected to plead not guilty when he's arrested and arraigned tomorrow, and i want to play for you also the statement from one of the unnamed, uncharged co-conspirators rudy giuliani in reaction to all of this. >> violating the right of free speech of an american citizen, never mind whether he was president or not. it could be anybody. it could be a homeless person. you don't get to violate people's first amendment rights no matter who the hell you are or no matter how sick you are with the derangement syndrome and this isn't the first time you've acted like an unethical lawyer, and it should be the last! >> what's your reaction to that? that encapsulates some of the reaction that we've heard from those supporting donald trump. what's your reaction to that? >> i -- i'm not a constitutional scholar, but i don't think the first amendment covers inviting tens of thousands of people to d.c. to be your foot soldiers and telling them you have to fight, fight, fight for your country, knowing they're armed, sending them to the capitol and knowing what they're capable of and what's on their minds and in their hearts. that's an insurrection. that's not protected by the first amendment. >> you are still on the job. you're still working. i know that you told my colleague recently that your life, it hasn't -- it's changed your life. you've never needed to experience anything like that. you're back on the job and you're still doing what you need to do. this is all happening in the middle another election cycle. are you concerned or -- i don't know, do you have any fear about what this trial could mean for the country considering the violence that you saw on january 6th? >> well, i'm more afraid of what would happen if there wasn't a trial, if donald trump was allowed to do what he did and face absolutely no consequences. that would just mean that it is only a matter of time before someone tried it again, and i would call it a dry run, but it wasn't a dry run because it was a very real attempt, but with regards to future violence, i think the fbi making consistent arrests over the years and continuing to do so today has been a huge measure against any threats of future violence of that nature because everyone is afraid to come back to d.c. now. they try to save face by saying any rallies or marches or honey pot operation, but the truth is they just don't want to get arrested, and which means what they want to do is commit crimes. so the arrests have been effective, and i think that any future violence would be of a smaller group or smaller nature, but potentially -- potentially destructive, as well. >> danny hodges, it's good to see you again. thank you so much. >> good to see you, too. thank you. >> thank you. >> that was a really interesting discussion. we are getting new reporting this morning on how donald trump's team is planning its defense and on the campaign trail, his republican rivals weighing in including former vice president mike pence whose testimony, by the way, may be key in this case and donald trump's web of election lies creating new legal trouble for other republicans for their alleged role in different plots. you know, people always ask me, "kevin, what does being the ceo of cashbacking mean to you?" it means cashbacking every opportunity. did you cashback on this? 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>> i think that's a strong man argument. if he had been charged with inciting an insurrection, for example, there might be a first amendment defense. the charges were crafted very carefully here and skirted that issue. so the question really is not whether or not the former president believed that the election was stolen and we'll put a pin on that because it is very clear from the four corners of the indictment that he didn't believe that, but was anything done in furtherance of the scheme to overturn the results of the election? and here there are so many allegations about, for example, the false slate of electors. so i think the question more is did the president, at the time knowingly allow these false names with falsified documents, fake places where the fake votes were taken? did he know that that was being done and that those fake names were going to be submitted through congress and it flies off the pages that he did know that, so i think that's a false defense, and i don't see that flying in court. >> not so much what he said, he had a right to say it is what he did. the acts were corrupt, the prosecutors will say or he coerced people to commit corrupt acts. mark, another defense here and we've begun to hear this, and i know we will hear it more, trump was acting on advice of counsel. there were lawyers telling him you have a right to do this. >> well, the problem for that is a number of those lawyers are the co-conspirators yet to be formerly identify or as you guys have reported, five of the six have been identified, and this district court unlike in the middle district of florida in the mar-a-lago case has ruled on piercing the attorney-client privilege. in fact, there are numerous e-mails and information in this indictment. i look particularly at paragraph 30 dealing with georgia where it's talking specifically about communications with counsel, but showing that there's a potential, unlawful act in having donald trump file a known, false verification with respect to the civil lawsuit in georgia. so that's going to be a difficult argument, and also we've all reported a number of these lawyers, eastman, powell, giuliani are all facing disciplinary action in their respective bar associations and their licensing jurisdictions for unethical conduct related to exactly what this indictment is about. >> if you can put that in ways that maybe some of us who maybe haven't gone to law school would understand, right? why can't i say a lawyer said it was okay even if that lawyer was a really bad lawyer? >> sure. so i've been watching "better call saul" or "breaking bad." anyone who watched those can see how a lawyer cannot participate in unlawful activity. you can be a lawyer for a drug cartel, but you can't help the drug cartel distribute the drugs and help, you know, beat up people to send a message. so there's a fine line. there are certain things we can do, and even criminal defense lawyers can do that some people might not find palatable, but there is a fairly clear line that you can't cross and the argument and certainly the bar jurisdictions are saying these lawyers crossed that line. >> danya, you put a pin on the issue of intent. let's take that pin out. it does seem that jack smith and his team are trying to address that, listing again and again and again how people told trump he had lost. >> so i don't think that's an element, or i know as a matter of law, it's not technically an element of any of the crimes that are charged, but as a matter of storytelling and jury appeal, it certainly would behoove the prosecutors to be able to present evidence to the jury that this guy was lying the entire time, that anyone around him with any credibility, every adviser and every lawyer and every campaign aid and department of justice and white house counsel were telling him there was no fraud, this election was not stolen. you have lost and so i do think it might matter to the jury to really understand the depth of the deceit here, and you want to avoid a jury nullification issue where even one juror could think, hey, you shouldn't have submitted these fake names and a more conscientious objection kind of a process. so i think that in terms of explaining those to the public and the 12 members of the jury, i think that's an important pump of the narrative here. >> mark, how quickly, do you think this trial can take place and how do you think that judge will handle it? >> so that's a big issue here. so unlike the mar-a-lago case which i've handled espionage cases before, they are very straightforward. generally speaking, they don't go to trial because they are that straightforward. they've decided in pre-trial motions and then the individual pleads out most typically. this case is a lot more complicated. factually, somewhat legally, but more factually because there are a lot players and that's one of the reasons why we don't see other co-conspirators being indicted and that will be the case, too. i am not confident this will go to trial before the election, unfortunately. there are a lot of motions and discovery efforts that the defense can make. this judge has been around for almost a decade. they've had some cases before her. she's a good judge. i think she's going to be fair and i think the judge down in florida will be fair, but there's a lot of other issues or sort of availability that judge canon has to make new decisions because there is no precedent down there whereas up here, this type of case is legally a little bit more settled, but factually it's not going to be an easy case. >> mark zaid, danya perry, thank you to both of you. great discussion. coming up for us, republican presidential candidates are reacting to the news of their competitor donald trump facing criminal indictment over trying to stay in power and trying to overturn the 2020 election as they all are now running in 2024. that's next. i brought in ensure max protein with 30 grams of protein. those who tried me felt more energy in just two weeks! uuuhhhh... here, i'll take that! woohoo! ensure maxrotein, 30 grams of protein, 1 gramf sugar. enter the $10,000 powered by protein max challenge. powe♪ ♪ by protein but with stearns & foster® that's only part of the story. we handcraft every stearns & foster® using the finest materials, like indulgent memory foam, and ultra-conforming intellicoils®, for a beautiful mattress, and indescribable comfort... every single night. stearns & foster® what comfort should be. for a limited time, bring home incredible comfort with $400 in savings on select mattresses. learn more at stearnsandfoster.com. ♪ ♪ ♪ ♪ wherever you go. wherever you stay. all you need is one key. earn and use rewards across expedia, hotels.com, and vrbo. indicted. that trial will now join the three other trials that he's already facing and added into all of that is the presidential election cycle meaning next year could be a straight-up wild start to 2024 for donald trump, his team and everyone. on january 11th, looking at the calendar, donald trump is a defendant once again against e. jean carroll who sued him for defamation for statements that he made denying he sexually assaulted her back in the '90s. that very same day is when the republican iowa caucuses occur and if you move that forward into march, super tuesday is set for march 5th. more than a dozen states are going to hold primaries on this day and two weeks later donald trump is back in court for his second trial of the year, this for the 34 criminal counts that he faces over falsifying business records for covering up hush money pages to stormy daniels. a vast majority of the republican party when you move into may. a vast majority of them finished with six more playing out around trump's classified documents and that kicks off on may 20th with jury selection set to begin with that case all kind wrapped up in that moment. donald trump faces 40 criminal charges in connection to that one because of the charges connected to illegally keeping classified documents after leaving office. now you have this next indictment just handed down yesterday. trump's team calls this indictment election interference. most of his republican opponents in the presidential primary are agreeing with the former president though some including his former vp mike pence are standing up to call him out now. cnn's jessica dean picks up the story there for us. jessica, how are his opponents, the other republican presidential candidates reacting to all of this? >> that's mike pence who plays such a pivotal role in this particular case because he stands at the center of what is going on and has this unique perspective and he put out a statement and anyone whouts himself over the constitution should never be president of the united states and our country is more important than one man and our constitution is more important than any one man's career and on january 6th, former president trump demand they choose between him and the constitution. i chose the constitution, and i always will. again, really sharpening his lines there against the former president. he has evolved on this issue since he got into the race, and this is a very direct way at saying he's different than donald trump here, that he chose the constitution, that trump made him choose between those two things and that he's not fit to be president of the united states. so again, that is noteworthy from his former vice president who we should mention has not yet qualified to be on the debate stage yet on august 23rd and then you heard from florida governor ron desantis who kept with what he's been saying which is that this is a weaponization of the federal govern cment and that he believes he would end weaponization if he's put into office and that's a lot of what we're hearing especially from house republicans on capitol hill and worth noting, kate, that tim scott says this is a weaponization of the federal government and talked about hunter biden and that the doj is protecting hunter biden and that it is hunting republicans. so interesting to hear him say that and just to zoom out for a second, kate and remember that we are in unprecedented territory here. that new polling shows 19% of people from "the new york times" sienna poll don't believe donald trump threatened democracy. i'm sorry, only 19% believed that he did that. only 17% believed that he committed any federal crimes and so this is a question for first the republican party and then the greater american population of did trump do anything wrong here and is he fit to be president and that is where it inserts himself into this primary and we'll continue to hear from these candidates as it is a central issue in this republican primary, kate. >> great to see you, jessica. thank you. >> with us now, cnn political director david chalian. to the point that jessica was making there, look, usually re-election campaigns are about the incumbent, about joe biden, but how is not everything that's going to happen and the primary and if trump wins the general election how is this not now about trump and to an extent this actual case? >> well, it's interesting, john, because the biden team would like it to be about rejecting maga extremism, as they say. so therefore putting trump at the center here if not just the specifics of this case, a broader argument against extremism, but to your point you have to remember here republicans largely as jessica just walked you through those numbers with the new york times/sienna poll. they don't see something that threatened american democracy here, at least the vast majority of them and in fact, still you look at polling and the majority of americans think he did win the 2020 election and they bought into the lies in the indictment that donald trump has been selling and so this creates now a real test for the entire political system here. yes, republicans will have to deal with it in their own house first in some way and we'll see how that comes through, but there is no doubt. you are right that this will be especially with the court calendar playing out simultaneously, this will be a central issue of the 2024 campaign. >> and then the question does become what are these candidates going to do about it? what do you make of the first reaction from the republican rivals after this indictment? mike pence's reaction yesterday slightly different than when he wases on with dana -- what was it? just a couple of weeks ago and obviously then talking about a potential indictment. >> ten days ago, kate. my ears perked up or my eyes popped out, i guess, when i read mike pence's statement when it was initially issued because he has played different notes at different times throughout this entire episode and the statement he issued last night was as strong as he was rather than his actual formal announcement speech back in june when he went at this issue of his concern about a candidate putting the constitution behind themselves. putting themselves up front ahead of the constitution and clearly talking about donald trump and not shying away from saying it was donald trump. that was more the tenor and tone of the statement last night and ten days ago when asked about this indictment coming down the pike and the target letter that trump had received, you are right to note. he sort of said, i can't judge if this was criminal intent or not and this will be ultimately up to voters to decide. last night he came out with a far different statement and i was a bit surprised by that because that's not where he was just ten days ago. i'm less surprised, i think, by the desantis and tim scott and others who were sort of on kevin mccarthy's song sheet here about trying to do two-tiered justice system and talking about hunter biden. >> look, for the other candidates, it's hard to run against someone you are defending. it's hard to run against someone when you, in some cases, are forced to parrot the central thrust of his campaign and that's where republican find themselves in that position right now. david chalian with your ears twitching and eyes popping out it's great to see you, my friend. >> thanks, david. coming up for us, two prominent trump allies are now charged in michigan accused of a voting machine plot to help the former president overturn his 2020 election loss there. much more on that ahead. ♪ at morgan stanley, old school hard work meets bold new thinking. ♪ at 87 years old, we sti see the world with the wonder of new eyes, helping you discover untapped possibilities and relentlessly working with you to make them real. old school grit. new world ideas. morgan stanley. jessie loves playing detective. but the real mystery was her irritated skin. so, we switched to tide pods free & gentle. it cleans better, and doesn't leave behind irritating residues. and it's gentle on her skin tide free & gentle is epa safer choice certified. it's got to be tide when moderate to severe ulcerative colitis takes you off course. put it in check with rinvoq, a once-daily pill. when i wanted to see results fast, rinvoq delivered rapid symptom relief and helped leave bathroom urgency behind. check. when uc tried to slow me down... i got lasting, steroid-free remission with rinvoq. check. and when uc caused damage rinvoq came through by visibly repairing my colon lining. check. rapid symptom relief... lasting steroid-free remission... ...and the chance to visibly repair the colon lining. check, check, and check. rinvoq can lower your ability to fight infections, including tb. serious infections and blood clots, some fatal; cancers, including lymphoma and skin cancer; death, heart attack, stroke, and tears in the stomach or intestines occurred. people 50 and older with at least 1 heart disease risk factor have higher risks. don't take if allergic to rinvoq as serious reactions can occur. tell your doctor if you are or may become pregnant. put uc in check and keep it there with rinvoq. ask your gastroenterologist about rinvoq and learn how abbvie can help you save. 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>> they are grain storage devices and parts of the key for the global food chain and john, the grain deal that allowed much of that food from ukraine out into the world, keeping food prices more stable and that has pulled out by russia and instead they are now hitting key parts of infrastructure. the reason why this is so acutely sensitive is it is the first time that russia has struck this close to nato, toro mani romania, and this is unacceptable and referring to it as a war crime. we are seeing here possibly russia becoming more bold about where it chooses to hit. you should know, john, too. the internal narrative put out by russia put out by the kremlin is that russia is involved with all of nato as simply arming and assisting ukraine, but it comes, too, as well where poland has launched a firm protest against what was reported to be two belarusian helicopters, mail tear ones, crossing over their border and getting into polish airspace. so on two separate occasions here, we have seen russia and its allies taunting nato members and it is highly unlikely this will escalate into a broader nato conflict with russia. russia can't control ukraine as part of its invasion and still a troubling development it's fair to say and a second time we've seen this and it's obviously to have a knock-on effect. >> the important thing here is to attack the danube for ukraine and romania. they were attacking ukrainian land just across the river and that is important and provocative, nic paton walsh, thank you for that. >> former president donald trump facing another day in court tomorrow. we have new details on what to expect. we'll be right back. so, no more sweating all night... ...no kicking off the covers.... ...or blasting thehe air conditioning. because only the tempur-pedic breeze is made with our one-of-a-kind cooling technology- that pulls heat away from your r body. so, ththe mattress feels up to 10° cooler all night long. for a limited time, save $500 on all-new tempur-breeze mattresses... ...and get your coolest sleep this summer. learn more at tempurpedic.com. why didn't we do this last year? 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