he's cocky for a nineteen year old. you're live in the cnn newsroom. i'm jim acosta. there is a new deadline in the new back and forth of the indictment of president trump. the federal judge overseeing trump's election fraud case has responded to a court filing from special counsel jack smith that came in last night. smith wants a protective order after trump posted this social media message late last night. it says, if you go after me, i'm coming after you. smith wants the judge to limit trump and his legal team in terms of what they publicly discuss about the sensitive evidence in the case. and the judge has now given the trump team until 5:00 p.m. monday to respond. minutes ago, the judge denied a request from the trump lawyers to push back monday's deadline. smith had called it an unnecessary delay. joining us now to talk about this, jim schultz, a former trump white house lawyer. thanks very much for joining us. we appreciate it. let's start with what the judge is saying. there is now a dead line of 5:00 p.m. on monday for trump's legal team to respond. this will stand after the judge denied a trump motion to push it back. they've wanted this to be pushed back until thursday, it sounds. that, how does that monday deadline sound to you? what do you make of everything that has transpired over the last 24 hours? you have trump on social media last night putting out this threat, essentially, one day after he was arraigned in washington. i would imagine as a former trump attorney, you would have advised him not to put that out there, given that this judge on thursday was admonishing him to be very careful about intimidating witnesses, trying to communicate with witnesses and other things that he might do that could damage this case. >> so, look. he opened up the door for this time of motion by jack smith with that comment. and no surprise that they made that motion, and that the judge will take it seriously and get a hearing right away. she'll be very thoughtful about this. she will have to balance the former president's first amendment right to political speech against the needs to protect the sensitive information and perhaps grand jury information, witness lists, witness testimony, witness interviews. those things will certainly be protected. the judge will take seriously the need to protect the witnesses from threats, intimidation and those types of things that could be incited from that speech. she will have to make the balance and be thoughtful about it. >> the trump campaign has called the social media post the definition of political speech. i don't know if we can put it onscreen if we have it available. we can show it to viewers one more time. if you go after me, i'm coming after you. he post this roughly 24 hours after his arraignment on thursday. and i suppose the trump campaign can say, well, he was talking about this thing or the other thing. he wasn't talking about the case that went to an arraignment on thursday. but you and i, come on. does that pass the smell test? >> look, it is certainly, like i said, it opened up the door for the judge to take it and say, okay, guys, you have until monday to respond. certainly the judge is taking it seriously. the prosecution is taking it seriously and it is something the trump legal team will have to deal with throughout this campaign because there are going to be limitations on what the former president can say as it relates to this case and information he actually arreceis from this case and how he can use it publicly. it open the door and certainly justified, gave the prosecution something to go to court on. >> you worked in the trump white house. wasn't around the 2020 election but early on in the administration. and you know how trump patriots. do you think he's trying to intimidate those involved in the 2020 election case? >> i can't speak to what the former president is doing with speech. what's going on in his mind as it relates to this. what he does need to be cognizant of is everyone is paying attention to what he's saying. and what he says as it relates to people coming after him and going after them could be taken in the context of, hey, this is a threat against potential witnesses. and everything he says will be viewed through that lens of scrutiny and he will have to be mindful of it. it would be really tough for his lawyers the make him mindful of it. >> you worked in the trump white house. this is the kind of activity behavior on his part that i would imagine makes trump lawyers, you know, reconsider what they're doing with their lives, i suppose. got to be pretty maddening. >> they have a tough job. he's running for president. he's always been a person, a stream of consciousness. he says what he wants to say. it's not scripted in any way, shape or form. that becomes really hard for a lawyer who is trying to prepare a defense in a number of criminal actions. >> you know, donald trump has previously called smith deranged. he was doing this last night at a rally in alabama. he's called federal investigators thugs. he's repeatedly denounced the prosecutors in this case against him. is it time for the judge to warn trump to knock it off or else? >> making comments about the special prosecutor, making comments about the agents involved in the case generally speaking is something the judge is going to look at closely every time he does it. so the more he does it, the more he's going to open himself to more and more scrutiny and be subject to sanctions and other things inside of this case that could cause him real trouble. the judge was very clear in her initial hearing, it's a crime to intimidate witnesses, bribe witnesses, say and make threats against witnesses. that's a crime. she warned him specifically of those issues. >> right. and i guess that brings me back, i suppose, to the original question that i had. for trump to do this, 24 hours after he was arraigned, it clearly appears to be, i mean, they're going to say, he didn't say specifically anything about anybody involved in this case. but the inference is there. does the judge at this point have what she needs to essentially put some guardrails on trump and say, no more social media posts? you're done? >> there is no way she's going to say that there are no more social media posts by someone running for public office, let alone the president of the united states. there's just no way. >> about this case, these cases. >> she has a reputation for being very thoughtful in terms of being a judge. and she's going to have to keep those guardrails on as it relates to witnesses, and as it relates to this case. not necessarily, you know, defending himself in the public realm as it relates to the charges in the case. he is certainly going to be able to do that. but specific instances of issues relating to witnesses and sensitive information is where she's got to keep the guardrails. i think that's with a she's going to do. >> other judges have tried to admonish trump in the past. for the most part, he's ignored them. if he were your client, what would you advise him to do? >> look, i think his lawyers are probably telling him now. he has to know very careful because all he's doing is making their job harder as it relates to defending this case, and unless he wants to get hauled into court every time he sends out a tweet or some time of public statement on truth social, he's got to be mindful of what he's saying and who he's saying it to. who he's directing it to. specifically witnesses and people involved in the case, and about matters that may know sensitive as a result. discovery in the case. in fact, on august 28th, that there will be a discovery scheduled. the government said they're ready. they're ready to start turning over evidence. and he's going to receive a lot of the, all of the information relative to this prosecution, from the government, and all that information, you know, they're going to put some guardrails around what he can say about it. >> as for the case itself. the trump defenders are claiming he was exercising his right of 47 speech and challenging the election results. do you buy that? >> that's what the argument will be in court, right? he didn't say anything about this case. he will say, what? the timing is suspect. i think the judge will take this opportunity to say this is a close one and we're going to put some guardrails around what you say. you're running up to the line here and that's why i think she's been very stern about having this hearing on monday, because it's right up to the line. >> and i guess i'm also asking in regard to the case in its entirety. trump and his defenders are trying to say he was exercising his free speech rights and saying what he was saying about the election. do you buy that? do you think that is a legitimate line of defense? he was also involved, he and the people around him were volved with putting around fake electors and so on. that wasn't free speech. >> so i think jack smith was very smart about the way he charged this case. he said the president does have a right to free speech. the president has a right to lie about some of these issues. but you know, he doesn't have a rate to conspire with others, to push fake electors into congress, strike to strong arm doj into making statements that were false. so those types of things will be separate from that preach the speech argument. i do expect motions and i think that the judge, you will see these motions play out likely in january, february of next year, after discovery has played out and down the look at what the prosecution has. i think in that january, february time frame, there will be a lot of motions filed. that will be one of them. this judge will want to be thoughtful about writing on these issues, so making sure when they go up on appeal, whatever her decision is sticks. >> and just finally, getting pack to the social media post, it sounds like incitement and he's threatening people. if you were his defense lawyer at this point, would not you advise him to avoid this sort of thing? it could, in addition to upsetting the judge, not make a jury feel all that good about the former president. i mean, these kinds of social media posts, the stuff that he says at these rallies, i can imagine the special counsel's team, they're compiling these things to show later on during the trial. >> look, his potential jury pool is watching everything he does. both in florida and washington, d.c. certainly as a lawyer, when you're counseling your client, he has to be mindful. especially someone, a public figure with a giant bully pulpit like he has. you have to advise your client to be careful about with a they say. >> would you tell him to knock it off? my basic question. would not you just tell him -- >> i think any lawyer representing him should tell him to knock off making speech that can get him into trouble in the courtroom. certainly you want to advise your client not to run it to the line. don't even come close to the line. we're going to get taken backcourt to deal with motions on these issues. that doesn't make it easier on the defense. and quite frankly, doesn't make it better for him in the jury pool. as lawyers, i'm sure they're telling him don't run it to the line. you're going to get called into court like we are doing on monday, time and time again if you don't. >> all right. thank you. >> thank you. i want to bring in my next guest. your sense of it though. when you saw this social media post last night, and then the special counsel jack smith almost immediately pouncing on it. it only took a few hours to go to the federal judge in this case and seek this protective order. your sense of things, i guess, 24 hours now after that social media post and all the stuff that transpired after that. i mean, it really has ignited another whole battle inside of this case. >> yeah. it's the right move for the prosecutor to call him out on that. the magistrate judge who had admonished him and his team said it is illegal to do anything to attempt to influence jurors or intimidate witnesses. this easily can be argued to say, i'll coming after you, would be an attempt to influence the jury pool or influence witnesses. there is a way he can do his political speech as you were discussing with jim that wouldn't be like this. you can say this is a political that you are persecution. it sounds like he's threatening people with physical harm. interestingly, the special counsel said to the judge, don't even wait for a hearing. impose the protective order because it can be modified at any time. you can have a hearing later. they can say what conditions they want. but we want to push the send button and start giving them discovery and we need reassurances discovery won't end up on truth social. trump's lawyers say no, we need more time, more time. this is part. whole delay strategy. so part of the problem is it all adds up to delay. >> that's what i was about to get to. if trump plays these games, and they result in the special counsel having to go to the judge and say wait, trump did this or trump did that, the defense team says hold on a second. we need a few days for our strategy. you can see a scenario where trump can just keep fiddling while rome burns here. and essentially, drag this out by engaging this activity. doesn't put the onus on the judge to issue a warning? >> i think first of all, he will be issued a warning on this. >> you had so. >> oh, yes. in the documents case, part of the delay comes from having more lawyers. here it is much more streamlined. the special counsel only charged him. here, a path to delay for them which we may be beginning to see, it's correct, a lawyer would say don't be talking out of school like this. this is bad for you. from his point of view, energizing his base, saying they keep dragging me back into court. they won't let me talk. every time that happens, it takes time away from the trial. so that could add up for a whole new strategy to delay. >> delay. i've talked to a trump adviser who said the plan is to push these cases off as far as we can. if we can get them delayed until after the election, we have a shot at winning this thing. there is been a lot of talk about the first amendment providing cover. i was trying to ask jim schultz about that, too. as well as these claims that he was just following the advice of what his legal team told him. your sense of both those strategies. >> the first amendment, a hard case legally, there will be motions where they try to fight it out. the simple analogy, people have been talking about bank robberies. a bank robber goes and hands a note. now it's illegal the write poetry? that's his argument on the first amendment. but even if the judge says you can't really say that, they may still get a piece of that in front of the jury. and that could still be helpful. as a strictly legal defense, it doesn't really work. the advice of counsel defense, a little bit of the same issue. this is a jury nullification idea. you want to get in front of the jury. he's the president. he has lots of people advising him. he is listening to some, not so much to others. if the special counsel is good and lucky, they'll get that knocked out ahead of time in motions to restrict that. nonetheless, it will probably still seep into the jury arguments to say these co-could not spaer or thes were lawyers, the co-conspirators were lawyers so he was listening to them. it is to get that in front of the jury is somebody needs to testify about it. he needs to testify. unlikely to happen. or the co-conspirators, they won't be jumping in front of the gun to talk about that advice. so. in sense, it is hard to put that on and that will be the big problem for him. he can't get that defense in front of the jury very easily. >> all right. thank you very much. we'll be watching. i assume some twists and turns to come. thank you. so. right now, more than 60 million people are under heat alerts across the south and southwest. beal tell you who is seeing the host temperatures, including the city that just beat a record of 28 straight days above 100 degrees. plus, bill weir is here to talk about the growing concern for our oceans. and later, the return of the goat. a sellout crowd is expected to watch simone biles. there she is. she is returning to gymnastic tonight. we'll talk about that in the cnn newsroom. for a beautiful mattreress, and indescribable comfort. for a limited time,, save $400 on select stearnrns & foster mattresses. viruses and bacteria float all around us. unlike air fresheners, only new lysol air sanitizer kills 99.9% of viruses and bacterian the air. because scent can't sanitize. lysol can. meet the future. a chef. a designer. and, ooh, an engineer. all learning to save and spend their money with chase. the chef's cooking up firsts with her new debit card. hungry? 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hawaii was too expensive so i brought it here. you know with priceline you could actually take that trip for less than all this. i made a horrible mistake. ♪ go to your happy price ♪ ♪ priceline ♪ mother name, it seems, has no mercy. certainly not this summer. severe heat warnings stretching from california all the way to mississippi today. at least 62 million americans under threat. almost the entire state of texas now baking under triple digit temperatures. the city of austin setting a new record. 28 straight days over 100 degrees. our planet's oceans are soaring to record-breaking temperatures. take a look at this. the water is so hot off the coast of florida that the coral is literally melting. the new record, there it is on your screen. it might not seem like a huge jump. but given how much heat it takes to warm the ocean, experts warn it is extremely significant. let's check with our chief correspondent, bill, explain to us why these warming waters could have serious implications for the planet. you and i have talked about this before. warmer oceans mean more powerful hurricanes. i never thought of melting coral. that to me is just, it's just extraordinary. what we're seeing this summer. all these indicators. >> absolutely. if you think about the marine ecosystem like a big game of jengo with the blocks stacked on top of each other, this summer is pulling out some of the biggest ones at the base right now. we're about 21 degrees in this new record in celsius. it includes the southern hemisphere which is supposed to be winter right now and icy. take a welcome at this graph. this is from copernicus, the european space agency climate unit, similar to noaa in the united states. this is a line chart of ocean temperatures around the world for the last, you know, 20, 30 years or so. the yellow line is 2022. the blue one, 2020. the record year that was just broken was 2016. that was an el nino year. the natural heating rhythms of the ocean. look at the black line. that's us. we're off the charts. you talk to marine biologists, ecologists anywhere in the world from the florida to maine to the keys. they're in the stages of grief right now. in the florida keys, coral, it looks like a colorful plant. it is an animal. it is a social media animal. it releases eggs and sperm into the water and then they fertilize and cling to a little rock and that's the bottom of the food chain of every fish you've ever ordered in a restaurant. of millions of people who live in coastal communities. this coral, the water evolved in a very specific set of circumstances. they're going down seeing massive dieoffs. even the heartiest coral which survived bleaching events in 2015 are completely gone. there have been 60 or more fish kills up and down the florida coast. these are smaller, tropical case. they're worried it could get to snapper and red fish, the heart of the tourism. that's just a microcosm of what is happening around the world. >> yeah. i mean, those hot temperatures in the keys, in the water around the keys. it is unbelievable. and i guess, not to ask an impossible question. i'll try. how much of this is el nino? how much is climate change? is it a collision. two that we're seeing? that explains what we're seeing this year. >> almost all of this that we're seeing right now is manmade climate change. it's a century and a half of planet cooking pollution put into the sea and sky. we're now seeing it in stunning speed because the ocean hides 90% of it for so long and now it's coming to the fore. el nino is just getting underway in parts of the pacific now. we have august to get through and september. these are usually the two hottest months. so folks are really preparing here for something that nobody has measured before. >> and a new report from climate central says four out of five people have experienced warmer temperature than they normally would have in july because of human-induced climate change. we've been talking about this. july has been a month, folks, in your line of work, they'll be remembering this past july. >> it feels like it. i've always said that one of the tyrannical puzzles of climate change, it is not a sudden global event. like a covid or a 9/11 or pearl harbor that just changes everybody around the world. you can be in miserable conditions on one part of the planet and it is perfectly tame somewhere else. this year to see that over 80% of humanity was experiencing one of these heat blobs on three continents, in asia, one in north america, one in africa and europe. it just sits there and cooks people for nights at a time. the anaheim temperatures don't go down and that is dangerous as well. and we're just starting august. so we're going to be talking about adaptation in the conversation the way we used to talk about, is it hot enough for you? unfortunately, the meaning of that icebreaker has changed. >> absolutely. and i foresee many more segments, bill. we'll have you come on and talk about how hot august was, and september, and what these hurricanes will be like. there are so many red warnings, flashing red lights warning us that we're really in rough shape in terms of our climate. thank you. tomorrow, the u.s. faces sweden at the women's world cup. they say they're not panicking after disappointing performances but the pressure is on. >> for someone to question the standards, the mentality, the mindset of everything they do, i don't think it is the right time for that. did you cashback on this? like i wouldn't cashback? cashbacking by the basket, i see e you. ugh. i dreamt youu didn't cashback this flight. oh good. if you're buying it, flying it, or wining n' dining it, then you gotta be cashbacking it. come on now. cashback on everything you buy with chase freedom unlimited with no annual fee. how do you cashback? chase. make more of what's yours. i need it cool at night. you trying to ice me out of the bed? 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( ♪ ) get a free storage upgrade when you pre-order at at&t. sleepovers just aren't what they used to be. a house full of screens? basically no hiccups? you guys have no idea how good you've got it. how old are you? like, 80? back in my day, it was scary stories and flashlights. we don't get scared. oh, really? mom can see your search history. that's what i thought. introducing the next generation 10g network. only from xfinity. can they keep the dream of a three peat alive? tomorrow team usa will face sweden for a chance to advance at the women's world cup. after struggling to get out of the group stage, there are real questions about whether the americans can do it. patrick, despite the questions, the players seem to be confident. this is when they shine. when they get to this round. >> absolutely. this is where, in theory, they come to their best form. we shall see. so much of the focus as ever on the women's team, they've been the team to beat repeatedly over previous world cups. the two-time defending champs, they're looking to win the tournament for a third straight time. something no women's team, nor men's team, has ever done before. let's be honest though. team usa, somewhat uninspiring with the draw. the portuguese missed a great chance in stopping when they hit the wood work. had that gone in, the european team would have advanced and america would have been eliminated. most importantly for team usa, they did get through and they now have a place in the last eight in their sights. >> it hasn't been the tournament that i would have hoped. at the same time, having this incredible opportunity in front of us in the round of 16 facing sweden, a team we know extremely well, it that there is no question we're highly motivated. >> we could have been hitting the post on the other side, too. the fact that we're in, we were lucky at the moment. and we're movingn. so now we do everything possible so that the same situation doesn't happen. >> it won't be easy, either. against the swede yish national team, they beat the americans in the last two olympics but their record against the u.s., not good when it comes to the world cup. having lost on four of the six times they faced each other. 20 years on from reaching the final. you get to the final, jim, in 2003. they lost on that occasion to germany. how sweden would love to go one better this time around. their head coach doesn't seem too interested in the struggles of the american national team. >> so i don't know what the u.s. think about their performance so far and i don't care about it. i care about what we can do. i think we have the possibility to win the game. that's important thing. >> so much at stake, jim. the winner of sunday's match will book their place in the last eight. they'll take on japan. we know that already. japan, the last team to beat america at the women's world cup and that was in the final. you have to go all the way back to 20 level for that. right back to you. >> they have been on fire. we're going to have to see if the streak keeps going. thank you very much. appreciate it. next hour, in a chicago suburb, the much-anticipated and long-awaited return of simone biles. her return comes two years after she shocked fans by withdrawing from the finals at the tokyo 2020 olympics, citing mental health concerns. tonight's competition is important because it is the final opportunity for athletes to qualify for the championships in san jose later this month. and isabel joins us from outside chicago. a lot of anticipation, i can imagine, where you are. what is the mood like? >> reporter: jim, excitement would be an understatement. i've been hearing little girl screams all day long. this arena, now arena, has 7200 seats, and every seat will be filled today to watch simone biles compete. the seven-time olympic medalist back. we have not seen her compete since the tokyo game. the only reason you're not seeing all this behind me, this is the merch area. normally this would be absolutely crowded. let's whip the camera that a way. the reason you're not seeing the crowds is it is still a half-hour before they can be allowed into the arena. you see them right there by the doors. so many of them so excited to come here and see all these amazing athletes compete. now, biles is registered for all four events. two years ago, she shocked the world at the tokyo games when she with drew from her events after suffering what is known as the twisties. that mental block, and also, spatial block, where they can't tell up from down when they're flipping in mid air. that's kind of important if you're an elite gymnast. she received back lash on social media during that time. some people accusing her of abandoning her teammates and of showing a moment of weakness. her supporters saw it as a testament and proof of the demands of an elite gymnast that even the best of the best can't always keep up. i spoke with so many fans excited to see the greatest of all time back at it. >> i'm excited to see her come back tonight. >> the greatest to ever do it. just the example that she is setting by, number one, taking care of her mental health. being public and vocal about it and making this comeback. as soon as i heard she was in, i was like, we have to go. >> when you heard she was coming back, what did you think? >> i just lit up. come on, mom, we have to get the tickets. >> i would say just do your best and you will be amazing out there. >> reporter: i'm not a gymnast but i was in the stadium. i saw her practicing. she did speak with other athletes who saw her practicing yesterday and they said she looked so strong. like she hadn't missed a single day. we'll see you here in about an hour. >> please let us know what happens. thank you. coming up, three women in montana injured after being attacked by an otter. you heard that. an otter. we'll talk about how often that actually happens and what to look out for. their team of independent tax x attorneys will work with your cpa to determine if your company is eligible. 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