to overturn the lelection is within his rights of free speech, saying it all comes down to the way he asks. >> when it comes to political speech, you cannot only advocate for a position, but you can take action, you can petition. you can ask even your vice president to pause the vote. >> but you can't break the law, which is what this indictment alleges. >> what was the -- >> i'll tell you what the indictment says. the indictment says that he attempted to cause actions like approving fake electors, opening sham fraud investigations and obstructing the certification of the lelection. whether he can prove that, that's going to happen in the trial. i'm just saying what's in the indictment. >> let me take the first thing, the question about electors. alternate electors are used in every four year cycle, okay? t none of those electors were counted. vice president pence was completely aware of the nature of the -- >> they weren't counted because mike pence rejected the scheme. that's why they weren't counted. >> absolutely. of course. that's how the political process works. >> no, it doesn't. >> there were no trickery, there was no deceit. >> because mike pence said yes, that's exactly what would have happened. >> no. with freedom of the press -- you have to let me finish, though. you asked me a question and i hope you're going to let me finish because the government alleges ke alleges deceit and trickery and all of this played out in the open. it's all free speech. there was a supreme court decision, hammerschmidt that says when you're exercising free speech, you're not engaging in fraud on the government. >> that's just one example of the actions. that's one example of the actions in this indictment. and this is a long list we compiled from the indictment. it more than a dozen not speech, actions, that the former president allegedly took. >> like what? >> where do i even start? >> asking the arizona speaker to interfere with electors -- >> asking. asking is speech. asking is speech. it's not action. >> almost all alleged criminal activity has to do with using words in his speech. listen -- this is obviously the defense you're going to use. it will be fascinating to see how it turns out in a court of law. >> i have to tell you, though, you make an interesting point because you're saying that asking is action. no, asking is aspirational. the press should be defending free speech in this case because free speech is the most protected speech. >> the former president supposedly asked his vice president for a pause in the electoral count. >> right. the final ask in the speech was that. president trump was following the advice of his lawyer. >> okay. the world ultimately i've heard you use many times. pt the word ultimately is doing a lot of work in that sentence. >> because it's the truth. >> you're right. at that point he was asking for a pause and it's only because for many, many, many other asks before that what the former president was asking mike pence to do was to completely stop, stop it and reject it. and that is the point that mike pence is making. it got to the point where he said pause because mike pence said i'm not going to -- >> can i talk? >> sure. okay. what we have and many don't understand this, is a memo from john eastman, a constitutional scholar laying out a number of scenarios. those were presented to vice president pence. he considered them and as a constitutional matter he rejected them. one of the last and the ultimate requests that president trump made was to pause the voting for ten days to allow the states to recertify or certify or audit and mr. pence rejected that as well. after that there was a peaceful transition of power. so that's how the constitutional works. >> what happened on january 6th was not peaceful. i want to ask you about john eastman. he talked a lot about the respected constitutional attorney. >> the transfer of power was certainly peaceful. >> did you see what happened on january 6th? did that look peaceful? >> i'm not saying that was in any way appropriate, but the ultimate power of the presidency was transferred to mr. biden. we all know that. >> i want to discuss this with former nixon white house counsel john dean. john, great to see you. i'd love to get your reaction to now is this a window into trump's defense? >> well, it's hard to believe they're going to really push this defense in a courtroom. first of all, the judge could well put some limits on it. there's a lot of case law. these kind of arguments have been in court many times. they tried to say that the crime really was speech and the speech was protected by the first amendment. it is not. they have so carefully drafted this indictment to avoid the first amendment problems that i think it's bullet proof. so i don't think this approach is going to work. it works publicly. he can get out and debate with news people as to what the president was or was not doing and it's not a courtroom. it's a very different situation. also, he's taking the story out of context, where in court it will be presented in a flow of facts and witnesses. and it's going to look very different when mike pence says he in essence was being told what to do and refused to do it. >> in that interview you heard him, he says asking is aspirational, not action. is that what the law especially as it -- this are attempted obstruction charges, attempted robbery, attempted obstruction. why are those crimes? >> people like trump and like my former boss, mr. nixon, often pose their commands as questions. at one point in the watergate coverup, nixon said to me "don't you think it would be a good idea to pay hunt the money he's demanding?" that was aspirational? not at all. i didn't do anything in that particular instance but you find that sort of thing with mob bosses often. trump's suggestions as michael cohen has explained were often code language for what he wanted done. and people who are around him understood that. everybody understood what trump wanted. he wasn't fishing for would the vice president do this and the vice president didn't read it that way. he might try to cast this as aspirational as a public relations argument. it's not going to work in court. >> as it pertains to mike pence, he left open the possibility that he would testify if necessary. take a listen. >> i have no plans to testify but, look, we'll always comply with the law but, look, i want to tell you, i don't know what the path of this indictment will be. the president is entitled to a presumption of innocence and to take his case in court. there are profound issues around this pertaining to freedom and speech and the rest and independent confident his lawyers will litigate all of those things. >> how might tense pence's testimony undermine trump's claims that he was asking, not demanding? >> well, in many ways. and mike pence will not volunteer. he'll get a subpoena. it will request he show up at the courthouse on a given day and time. so his, you know, no intention to testify, he knows very well he's going to be requested to testify based on the indictment and he's going to be an important witness and his testimony will help to sink and convict if any jury is fair minded and looks at the facts. >> we also learned that trump accused pence of being too honest. when the vice president said he, you know, lacked the authority to change the election results. so that was an admission, is it not, from trump that he actually did know what was right, that people around him were telling him you lost, even though now he through his defense is saying it's what he believed. he believed that he won. >> well, of course trump has denied that he made that statement. what he wasn't aware of at the time that he blurted that reaction out was that mr. pence was making notes. so he has a contemporaneous note of what the president said. that's pretty persuasive and very admissible if they indeed contest his testimony. >> john dean, great to see you. thank you so much. >> thank you. >> all right. now to a heart breaking defeat for team usa at the women's world cup. they lost today after a dramatic penalty shoot-out against sweden and it marks the earliest exit ever for the u.s. at a world cup. cnn sports anchor and correspondent john riddell joining me right now. this is heart breaking for the team. why are you chuckling? >> i'm an england football fan. i know what it's like to sit through penalty shoot-outs and lose them. it's absolutely miserable. penalties are one of the most exhilarating things in all of sports, unless your team is involved in them and they can be an absolute nightmare. that's the situation that the american team found themselves in today. should i show you how it all went down? >> please do. >> in the end the difference was about as thick as this piece of paper. after 90 minutes in extra time it was goalless. that's when the drama really began. the first few penalties were scored. the american legend, megan ra p rapino had a chance. she could only laugh at the agony. rebecca stepped up only to be denied by a brilliant save by the goalie. and thatm meant that vanessa smith had a chance to win. the u.s. was hoping to win a third world cup. but that was their third miss out of four kicks and lena won it for the swedes but they had to wait to celebrate. it seemed they had saved her kick but goal line technology showed it did cross. the game was over and for megan rapino, her remarkable career is over, too. >> still be joyful and grateful. i know it's the end and that's sad but to know that this is really the only time i've been in one of these this early, you know, says so much about how much success i've been able to have. just how much i've loved playing for this team and playing for this country and, yeah, it's been an honor. >> wow. it's been incredible. we all celebrate them. i talked with a sportswriter earlier. he said he kind of saw it coming and saw a lot of errors or missed opportunities. do you feel the same way? >> yeah. this is a team that has had to work for their success but they've been hugely successful making at least the semifinals in every world cup tournament they've played. but coming into this one, things just kind of felt a bit different even before the tournament kicked off. once the games got under way, there was alarm bells ringing. the fact that they couldn't score in back-to-back games for the first time ever in the world cup, clearly they had issues. and there are some thungs that we can acknowledge. i think this team has been under a lot of pressure off the field in the last four years with all the battles they've been undergoing in terms of equal pay and conditions, in which they have been successful. they helped set the standard for these women's games globally. so many upsets, not just the usa earlier today. something else to acknowledge, 14 rookies on this team, perhaps they haven't gelled. if you looked to some of the commercials they're involved in getting out to this tournament, they were all supremely confident. once they arrived, that just kind of evaporated a little bit. >> maybe confident in association. and now with many like rapinoe, it's going to be a restart. the young players will have to raise their game. we still celebrate them. they still did an awesome job. thank you so much. appreciate it. still to come, in ukraine, multiple explosions hit critical road bridges linking russian occupied kherson to crimea. and we'll have a live report from ukraine next. so i called innovation refunds. their team of independent tax x attorneys will work with your cpa to determine if your company is eligible. 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(vo) verizon small business days are coming. from august 7th to the 13th. now is the time to partner with our experts. get started today with verizon business. it's your business. it's your verizon. a russian-backed official says long-range weapons supplied by the. were used in strikes that hit bridges between crimea and russiapiedarts o ukraine. ukraine acknowledged the s earlier today but did not say if they were british supplied missr not. russia says it intercepted nine of the 12 missiles fired. meantime, ukrainian kcommanders say there are currently hundreds of engagements on its long eastern front but there haven't been significant advances by the russians as ukraine's counteroffensive continues. nick paton walsh is in ukraine. what are we're learning from both sides. >> reporter: it's important to point out the significance of these two crossings, from the crimea peninsula that was annexed by russia in 2014, formerly part of ukraine and up towards the zaporizhzhia region recently, occupied by russia in this latest war. the two areas hit purportedly by these u.k.-supplied missiles are a two bridges. they potentially provide access for supplies to come from the military strong thereto hold of crimea up to forces fighting in the western side of zaporizhzhia, where the most intense prong of counter offenses currently is. the russian officials suggest part of these will be functioning quite soon and they're able to use another route off towards the west. but it's the pinpoint nature of ukraine's targeting that's a problem for moscow. they want to destroy supply routes just before they do something to be sure it has the maximum chaotic impact. and another sign of ukraine's reach after days in which we've seen supply of fuel, oil tankers, amphibious assault ships and a bridge itself to the russian mainland all targeted by ukrainian drones. >> and now ukrainians are training italians to deal with the density of russian mine fields. in what way? . >> reporter: this has been one of the keey issues since the start of the war, the russians having time to lay down very dense mine fields, often mined that are mined by other mine. when the mine sweeper comes in to move the mine, they detonate both. sometimes it takes them tens of meters every hour, poking forward with sticks to see if the ground in front of them is indeed clear. that is one of the reasons why it's been so comparatively slow, despite some of the optimistic senses of how long it would take they don't have enough mind clearing vehicles and it is something they're finding increasingly slow in terms of their progress. >> incredible task. thank you. >> still to come, u.s. senator mitch mcconnell heckled in his home state of kentucky. we'll discuss next . all night long. for a a limited time, save $500 on all-new tempur-breeze mattreresses. meet the team... behind the team. the coach. the manager. and the snack dad. l using chase to keep up with their finances. the coach helps save goals he, cause she saved for soccer camp there. anddd check this out... the manager deposited a check. magic. and the snack dad? 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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. this morning donald trump's attorney said his team will request a change of venue for the 2020 election obstruction case and suggested west virginia as a possible location, but he he refused to answer whether he thought trump should refrain from attacking the d.o.j. >> do you want your client to stop speaking publicly like this? using terms like that? >> this case was brought -- this case was brought by the biden administration in the middle of a political campaign and with the realization that people are out there alcampaigning for office. i'm not involved with the campaign -- >> totally understand, you're not his campaign manager. >> joining me is political analyst david gergen. great to see you. you have advised four presidents over the course of your career, the campaign and legal team for trump would seemingly need a united message for trump. what should it be? >> the united message should be let's put all our cards on the table, we think we've done nothing wrong, we think a lot of this has to do with the first amendment but he ought to do it in a very respectful way, which recognizes some of the merits of the alternative arguments and also accept some responsibility. i think as long as he continues to be as combative and mean spirited as he is right now, i think you're going to have a hard time going beyond his base and building political support for the general elections. >> former vice president mike pence, he's campaigning in new hampshire and he had this to say about defending, certifying the 2020 election and he had to do so with jeres and insults from a crowd of trump supporters. this morning he dodged the question on whether he would support trump if he were the gop nominee. take a listen. >> you can say right here that you will rule out voting for donald trump again for president? >> i will tell you, i don't think we'll have to make that decision. >> what if you do? >> i'm confident i'll be able to support the republican nominee, especially if it's me. but i will tell you i'm confident as they've done so many times before, republican primary voters are going to choose new leadership for a new time in the life of our nation. we simply have got to move our country forward. >> why do you think pence won't say flat out if he supports the president? the former president? >> are you asking me? >> yeah. it seems like pence dances around just answering the question directly. >> i understand he's in a very awkward, precarious position. you know, he does want to support the president but more importantly, he's come to the decision he wants to support truth and he wants to support the future of the republican party. and that doesn't always coincide with what donald trump is saying o are doing. i think given that mike pence is showing some courage in carving out a separate lane for himself and doing things that some other people in the party won't do. having said all that, i don't think it's advanced him to the point that it's going to transform this race so that mike pence is suddenly right up on, you know, donald trump's tail pipe. i think it's much more likely that pence will be seen as more of what he originally was represented to be long before he became vice president. he was seen as a man of some integrity, honor, conservative to be sure, but a conservatism that i think was respectful that listened to other sides. and, you know, i think he became more of a trumpite while he was vice president. it's very hard, you know, when you're vice president not to become -- to embrace the doctrine of your president. but there's a lot to be said for keeping some distance, especially at this point. i think that mike pence is actually serving the public well by thinking about putting the public first but it does require a little dancing, doesn't it? >> well, do you think it helps or hurts the field of gop presidential hopefuls to address trump's issues on the trail? >> i think that for a certain number of them, yes, it will help a lot. i think chris christie has shown that and i don't think he has any illusions of going after trump, it will cost him votes in the base and make it more difficult for him to get the nomination, but i think he will emerge from this process as a well-respected figure, someone who spoke to the truth as he knew it. and i do think that there's going to be some others in the weeks and months ahead. just inevitably. actually given the fact we've got an historic moment when a sitting president -- for his actions when he was a sitting president, a man is indicted repeatedly and probably will be again. we've never seen that before. and some people should take it upon themselves, the leaders of this party, unless they want this party to self-destruct, they need to start supporting or turn their views to what's important for the country and not just give us what the base is arguing for. i think that's -- there's no leadership in sort of simply acquiescing. and, you know, watching people in the conservative base. the honor comes from standing up for your principle and sticking to it, to having a true north, to having a real sense of what you believe in, what the principles are and what is going to guide you in your politics. and if you're only just dancing to the jig of your president or your leader, you're not going to change your politics. you're not going to clean this up. >> hence the word leader. you're underscoring that. >> exactly. >> so another notable moment on the trail this weekend, i mean, watch what happened when senator mitch mcconnell spoke at one of kentucky's classic political events. >> please. [ crowd shouting "retire" [ >> that's extraordinary. i don't think we've seen or heard that before. his political future has been in question late last month when this happened. >> this week has been good bipartisan cooperation and the -- >> anything else you want to say? >> hmm? >> do you want to say anything else to the press? >> that was a hard moment to watch. it still is. that moment of protest this weekend, i mean, is that in step with the age question that we've been hearing about, even other members of congress or do you think that protest that we saw last night or yesterday is about something else than mitch mcconnell is this. >> i think that the protest we saw last night has a lot more to do -- this particular protest does not go to the question of age as it does so much as mitch mcconnell being castigated by some people on the right for not being conservative enough or not being activist enough and not taking charge of that. you know. it's just hard sometimes to explain why people reach the conclusions they do but given the fact that the conservative movement has been trying to get the courts changed, the direction of the courts changed since the barry goldwater time way back in the mid 060s, it's been a constant thing to change the court. who has done more to accomplish that alive today who can say that other than mitch mcconnell? mitch mcconnell delivered and people on the left are horrified by what they see. it has contributed to the polarization and poisoned their politics but nonetheless, the court has spoken in a way they never would have spoken years ago. this is a much, much more conservative court and mitch mcconnell is one of the chief authors of that change. >> david gergen, always great to talk to you. thank you for being with us this sunday. >> thank you, fredricka. good to be here. >> nearly a hundred asylum seekers have funneled into new york since a migrant surge began last spring. how is the city responding? we'll have details next. i-cloud services that enable digital innovation and enterprise control,, vmware helps you keeeep your cloud options open. this is your summer to smile. to raise your glass and reconnect. to reel in the fun and savor every bite. to help you get ready your aspen dental team is celebrating 25 years of affordable care with an epic summer of smiles event. don't miss enjoying a moment, with our onsite labs to help you, fast, and 20% off your denture care. so, whether you need a new look or a quick fix, you can celebrate with a smile all season— always at aspen dental. book today. ♪( please don't go by harry casey, richard raymond finch )♪ ( ♪ ♪ ) ♪ (please don't go) ♪ ♪ (please don't go) ♪ ♪ (please don't go) ♪ ♪ (please don't go) ♪ ♪ (don't gooo) ♪ ( ♪ ♪ ) ♪ (don't go away) ♪ pre-order now and get a free storage upgrade. ♪ (please don't go) ♪ ya know, if you were cashbacking you could earn on everything with just one card. chase freedom unlimited. so, if you're off the racking... ...or crab cracking, you're cashbacking. cashback on flapjacks, baby backs, or tacos at the taco shack. nah, i'm working on my six pack. switch to a king suite- or book a silent retreat. silent retreat? hold up - yeeerp? i can't talk right now, i'm at a silent retreat. cashback on everything you buy with chase freedom unlimited with no annual fee. how do you cashback? chase. make more of what's yours. just the three of us girls. i never thought twice about feeding her kibble. but about two years ago, i realized she was overweight. she was always out of breath. that's when i decided to introduce the farmer's dog to her diet. it's just so fresh that she literally gets bubbles in her mouth. now she's a lot more active, she's able to join us on our adventures. and we're all able to do things as a family. ♪ get started at betterforthem.com (♪) rsv can be a dangerous virus... 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[whip sound] take the first step to see if your small business qualifies. the number of asylum seekers funneling into new york city has reached almost 100,000 since the start of the mike grant crisis last spring. that's according to statistics from the mayor's office which says 2,300 migrants entered the system last week alone. we have the latest from new york. >> reporter: fred, in the last year or so we've seen new york city officials establish roughly 200 locations in and around the city that are used to shelter these asylum seekers. they turn to the city for any kind of resource, housing, food, shelter and those include the hotel here in new york city. it's also the primary intake location where many of the newly arrived are able to get some of those resources. in fact, it was just last week that we saw dozens and dozens of asylum seekers have to sleep on the sidewalk just outside. a few days later new york city officials were able to find at least temporary housing for those. so we have not seen that play out again. we also heard from new york city mayor adams in the last couple of days, that those scenes could potentially repeat themselves because of the influx of asylum seekers that we receive. it's also worth noting that this weekend marks one year since the first bus paid for by the governor greg abbott committee, 10,600 asylum seekers, a fraction of the nearly 100,000 that arrived here. that's why as we are well a year into this migrant crisis are the mayor says all options are on the table, including housing asylum seekers in soft-sided structures in central park. that's still very much an option they're trying to keep on the table. >> thanks very much for that update. the 17-year-old suspect in the killing of o'shea shibly has been charged with murder. sibley was a 28-year-old professional dancer stabbed to death at a brooklyn gas station after dancing to a beyonce song last weekend. mourners took to the streets last weekend to protest the killer and chant sibley's name. >> reporter: a 17-year-old is facing a murder and hate crime charge for the death of sibley. a group of men shouting anti-gay slurs approached sibley, who had been dancing to a beyonce song before the stabbing. >> anyone, any human that enjoys something and they lose their life over it, we should put an emphasis on. we should shine the light on it, we should make it huge because this is something that he died for. >> reporter: nypd announced charges against the suspect. >> he has been charged with murder two. that is being charged as a hate crime and criminal possession of a weapon. he has been remanded. >> reporter: assistant chief at the detective bureau says the teen-ager is the only person who will be charged at this point. he surrendered on friday. a spokesperson with the new york city police department said he did not know whether the suspect will be charged as an adult. mayor adams aslso spoke at a nes conference. >> this is a city where you are free to express yourself and should never end in violence. >> reporter: hundreds chanted sibley's name as they marched in solidarity. dance leaders said sibley was a cherished and devoted participant of theirro. in a statement, alvin aily's artistic director said we live in a world where the fact that someone wants to dance for joy to inspire hate. we dance for joy to inspire the humanity in each other. >> reporter: sibley was killed while voguing to beyonce's music. beyonce changed her web page. before moving to new york, sibley studied dance at the philadelphia dance company. sibley will be laid to rest in his home of philadelphia on tuesday. amara walker, cnn, atlanta. >> and we'll be right back. what if your entire day glided like dove men? 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""star trek"" was a landmark moment. >> i see different representations. it's a beautiful thing. joining us rights now, a senior writer for cnn digital entertainment. so good to see you. had we look back and look at early days of sci-fi tv, there were really very few black characters. black people didn't necessarily have a place or were not part of the production behind many of them until ""star trek"" launched with a multi-racial cast and cat woman. it may not have been sci-fi but that was a kind of fantasy television. so few and far between. now thankfully we see a lot more talent in the creators behind this kind of genre of stuff on screen. what's happened along the way? >> well, we have to definitely give irtha kitt her roses. and lieutenant hora not on helped change television but she helped change the world. michelle nichols, i would quote whoopi goldberg's often told story that when she was a little girl she yelled when she saw nichols on ""star trek"" to come running because there was a black woman on tv that wasn't a made. to have a woman in a powerful position was incredible in the 60s. and nichols helped nasa recruit women. they said we can't find enough black women to work in nasa and that's not the case. >> fantasy television, make believe, fantasy, fiction. how do the kinds of stories we see in supernatural television kind of show impact in our understanding of the real world? >> well, tv is a very powerful medium. it's interesting to me because it's almost as if some of the tv shows from a couple of years ago did foresee that there would be a group of people that would try to erase our history. we had amazing shows like "watchman." a lot of people learned about the tulsa race massiacre, that they wouldn't have otherwise known. and you have our history during the civil rights era. it weaved in our culture and history along with horror. and it was so beloved. both of those shows were critically acclaimed and people were devastated when they were cancelled. >> and there were careers blossomed or made as a result of productions like that. >> absolutely. >> which black creators are breaking ground in the sci-fi arena today? >> i love the fact that we're paying homage now to people like octavia butler, who is considered to be the mother of fiction and people are now discovering her work because of tv. then you have something like "they cloned tyrone." lots of people have been saying, oh, this type of genre is perfect for people of color because it enables us to be able to, you know, view like the future in technology. i mean, look at films. like "black panther" made so much money and that really was about setting a vision of african-americans and technology and we saw that also with a recent disney series -- and it's escaping my mind. there was an animated series that was great that was about afro futurism. >> there have been building blocks. and now it's seemingly commonplace, right, if not expected to see more productions in every genre involving black talent and creators. >> absolutely. >> thank you so much for joining us. >> thank you. >> tune in to "see it loud, the history of black television" airing tonight at 9:00 p.m. eastern and pacific right here on cnn. oh my god, here it is. when i found that immigratation record on ancestry®, it was amazing. everything was there. the u.s. was in dire need of nurses during world war ii.. tía amalia as a nurse in el salvlvador decided to answer that call. it's a lot of excitement finding something new. i feel like a time traveler. claudia starts calling me. it's a party every time. ♪ he snores like an angry rhino. you've never heard an angry rhino. baby i hear one every night. every night. okay. i'll work on that. save uto $500 on the new sleep number® smart bed. plus, free he delivery when you add an adjustable base. shop now onlat sleep number®. struggling with the highs and lows of bipolar 1? 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