Happening now in the newsroom, a heartbreaking loss for u. S. Womens soccer. Off the post sweden can win on this kick. Plus one on one with Donald Trumps lawyer who claims trumps efforts to overturn the 2020 election were aspirational, not criminal. And lost at sea for two days in a boat only 12 feet long. Well show you the incredible rescue. Youre live in the cnn newsroom. Hello again, everyone. Thank you so much for joining me this sunday, im fredricka whitfield. Donald trumps lawyer doubling down that trump was within his First Amendment rights when he told former Vice President mike pence not to certify the election results. The Attorney Says it all boils down to the way he asked. And all of this played out in the open. Its all free speech. There was a Supreme Court decision that says when youre exercising free speech, youre not engaging in a fraud on the government. Unfortunately most people dont understand thats just one example of the actions. Its very political. Thats just one example and this is a long list that we compiled from the indictment. There are its more than a dozen not speech, actions that the former president allegedly took. Like what . Where do i even start . Tell me. What actions . Having the arizona speaker to interfere to ascertain a speech. Its speech. Its not action. Almost all alleged Criminal Activity has to do with using words and speech. No. This is obviously the defense that youre going to use and it will be fascinating to see how it works out in a court of law. I want to move on to another issue. No, i want to tell you, though. You make an interesting point because youre saying that asking is action. No, asking is aspirational. Asking is not action. Its core free speech. The press should be defending free speech in this case because its the most protected speech. Attorney john lauros comments coming after a federal judge denied their request on an extension of a possible fr protective order. And also theyre calling for the judge to recuse herself. He has pleaded not guilty to all federal charges. I want to discuss this. Jamaal is a former assistant to the Attorney General and nick is a former Assistant Special watergate prosecutor and former assistant u. S. Attorney for the Southern District of new york. Good to see both of you. Jamaal, first, whats your reaction to lauras argument . Look, i dont think lauras right. The president can certainly say a lot of things publicly and engage in his right of free speech. What he cant do is ask someone to engage in comment that is illegal. The asking doesnt mean its covered by the First Amendment in that context. In this case the president did all sorts of overacts, at least is alleged to have that if proven could subject him to criminal liable notwithstanding the First Amendment. Debating free speech on television is one thing but how would this Argument Hold Up in court . It would fall flat. This argument is total nonsense. Every charge always spch connected to it. There is always a question of whether that person lied and whether that lie is in furtherance of something that person tried to steal. Every case where i was a fraud case, i would tell the jury this case is about lying and stealing. Here it was lying about the election, lying about a rigged election and then trying to steal the election from joe biden. Simple as that. And jamil, last hour i spoke with john dean who said that nixon and trump were similar in the way that they would pose their commands as questions and as it pertained to watergate, nixons ask was not aspirational. Do you see trumps ask in the same way . You know the president is innocent until Proven Guilty by reasonable doubt by a group of his peers they have a strong argument to show the president did act to obstruct the government and freedom of speech. That doesnt really change the fact of what he was asking people to do and what he sought to have do and the end purpose of his efforts. So is this really about trying to taint perhaps a prospective jury pool knowing that this kind of argument is not going to fly in court but maybe in the court of Public Opinion . Well, im not sure about tainting a jury pool but certainly trying to set the Public Perception of the case and try to engage in the narrative that the president has eng engaged in from the beginning, which is that, a, the election was stolen from him and that this is a conspiracy to undermine his ability to a candidate and represent the average person. If youre an average person, you have to ask himself how is this billionaire who doesnt have anything in common with me representing me out in public . And the trump team tried to get an extension. The judge denied the request. Is this part of the trump Team Strategy to delay, delay, delay. No question. This was the wrong issue to try and delay on. First of all, the issue here was whether or not they would agree to the order, the protective order, the exact same protective order that was filed in miami court, the same one they agreed to down there, whether or not they would agree to that before they got discovery. So what theyre trying to do is delay that because jack smith is ready, as he said in his papers to Push The Button and to provide them with all the discovery immediately. Secondly, they came up with these absolutely crazy ideas that they have to file papers, that they have to have oral argument. The judge shot back pretty quickly and it was all over the weekend. It was last night that she came down with this opinion and basically said this is ridiculous, in a sense, you got to stick to what my order was. You got to respond by 5 00 monday and if you want, you can take their order and you can mark it up and thats what i asked you to do and im not conferencing any other delays on this. So i think that this is an extremely bad omen for the Trump Defense team because its obvious that this judge is not going to take any nonsense and is going to push this case ahead, and i predict theres going to be a trial date set in january or february of next year. And the judge as a result of her decision this weekend denying that extension. Now the trump team says that they think that she should recuse herself and they claim to have other reasons why. So, you know, jamil, the former Vice President left open that he would testify. Take a listen. I have no plans to testify but, look, well always comply with the law. Look, i want to tell you, i dont know what the path of this indictment will be. The president s entitled to a presumption of innocence. Hes entitled to make his defense in court. There actually are profound issues around this pertaining to the First Amendment and freedom of speech. Im confident he and his lawyers will litigate all of those things. How might pences testimony undermine trumps claims that he was not asking, not demanding, but instead just reallgivi him no options than to try to not certify the election . Well, certainly if the Vice President were to testify against the former president , his former boss and talk about the pressure that he felt by the former president , by the team around him, to certify or decertify the votes and send them back to the states, that certainly could be damning for the former president. At the same time, Vice President pence lays out important issues, that the government does have to prove its case beyond a reasonable doubt. While i agree that the judge is likely to set a trial date soon, it is very possible we could see attempts by the trump team to seek interlocutory appeals. But they may try to slow this down and delay it past the election, which is the goal i think of the campaign because they believe the president gets more political benefits and may be able to stop the prosecution or pardon himself if hes in fact elected. Nick, do you see anything. None whaef sofr. Hes going to be subpoenaed to testify. Hell have no choice but to testify. And his testimony is probably the most significant of anybody in the trial. Because everything comes back to what mike pence would do. Thats why donald trump set up these phony electors so that he could either reject the Biden Electors from the Battleground States or send it back to to try to get the State Legislators to appoint the the Trump Electors in the place of the Biden Electors. This is nothing more than a simple criminal scheme. I must say i disagree that there this case has been designed in a way that is streamlined to unlike with the impeachment proceeding, there is no issue about donald trump telling the crowd to go up to the capitol and do whatever they were going to do. Theyve eliminated that from this. Theyve eliminated all the First Amendment issues. The motions on this particular prosecution are really going to be and will pro funt rally denied. So the idea that donald trump has real issues here i think is snons. Conspiracy to defraud the u. S. , attempt to obstruct official proceedings and conspiracy against voting rights. Thats whats at issue. Jamil and nick, thanks to you both. Thank you. Thank you. A heart breaking loss. The u. S. Womens National Team kicked out of the world cup. Whats next for the team . Get it with gurus. Cargurus. Subway refreshed everything. And now, theyre slicing their meats fresh. Thats why this pro proffers the new grand slam ham. So does this pro. I just love a grand slam. Ham. And if we proffer it, i kn hed love that sandwich. 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 . Like i wouldnt cashback . Cashbacking by the basket, i see you. Ugh. I dreamt you didnt cashback this flight. Oh good. If youre 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 whats yours. christina with Verizon Business unlimited, i get 5g, truly unlimited data, and unlimited hotspot data. So, no matter what, im running this kitchen. vo make the switch. Its your business. Its your verizon. Now to that raheart breakin defeat at the womens world cut. You can see the usa missed that penalty shot and sweden scored a goal, ending the usas chance at a Third World Cup title. But we still love them. So this is a Crushing Loss for them and time to regroup. Yeah. I mean, we kind of got the sense from their early games of this tournament that they were struggling and its a shame for the u. S. Team because they actually played really, really well against sweden today. They had 11 shots on target. The swedish goalie was brilliant and saved every single one of them. But when it came to the u. S. Teams penalties, i dont think we would have expected them to miss three. It couldnt have been any closer. But thats the way it goes. And this team has really been spoiled with success. Theyve earned it over the years. Oh, yeah. But this is a disastrously early exit when you think theyve all made at least the semifinals and here they are going home before even the quarterfinals. A first for them. The team and coach were devastated but think they deserved to go through. Have a listen. Im very proud for them and devastated for them that they have to go out the way we did. We deserved to win this game. I thought we created enough to win this game. Penalties, to be frank, they suck. Theyre cruel. Ive gone through too many in my career and this is, im proud of every player that stepped up to take a penalty today. Its courageous to go take a penalty. So im very proud of my team. Shes right. Penalties are awful. Theyre very entertaining when your team is not involved in them but theyre horrible to be a part of. Theres the olympics next summer, the American Team very historically successful there. As to this tournament, its wide open. Weve seen canada, germany the twotime champions, all out now, the u. S. Its exciting but this team are not the only ones to go home early. Still many reasons to watch. Okay. And then theres the mlb or at least there is a moment that a lot of people are watching, family, right . Do we want to see this . This wasnt baseball. This is basebrawl. Absolutely. What happened . A bit of a hesitation there. It was almost as if you had them touch gloves and say have at it. I would say anderson threw the first punch and ramirez responded. Both managers ejected, the players ejected. But boxing stance . Oh, no it looks like they kind of knew what they were doing in that regard. A lot of people were watching this of course. This is the biggest brawl weve seen in the league this year. The League Office is going to have some work to do figuring out potential suspensions here. Well see what kind of punishments are handed down. Ill wait for the follow up on that. Thank you so much. Coming up, a former intel official issuing a warning about former President Donald Trump saying he poses a significant threat to homeland security. He joins me live next. Will wor cpa to determine if your company is eligible. [whip sound] take the first step to see if your Small Business qualifies. The chase Ink Business Premier Card is made for people like sam, who make everyday products, designed smarter. 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Are you ready . Im ready alright. Xfinity rewards creates experiences big and small, and onceinalifetime. Im quoting now donald j. Trump poses a significant threat to homeland security. Those troubling words from a Public Safety official former intelligence chief for the washington d. C. Government. Danell penned an oped piece that he describes as the Intelligence Assessment of donald trump that the government cannot right. Hes currently working for georgetown universitys emergency and disaster oins me now. You say the former president has become a unifying figure for violent extremist grou, writing this, im quoting you again now, the former president has become a focal point of domestic terrorism and by not denouncing them and sometimes courting tm, he has been adopted by these groups as a de facto spiritual leader. In some ways trump has also co opted these groups to boost their support. This makes the president a leading driver of domestic extremism. What do you believe federal intelligence, National Security agencies would say about that assessment and what do you want your warning or assessment to ultimately employ . Well, thanks for having me on, fredricka. I think what they would say is no comment. Thats why i wrote it. I wrote the assessment that me and my colleagues could not write. The problem is that Domestic Intelligence for many years has strayed away from getting away from domestic politics. Its not good business. Civil liberties, civil rights. The issue we have right now is politics is encroaching into homeland security. When you have political officials who basically cause violence, we call that socastic terrorism. They say knock their teeth out or they dock the former president , give his address out online for people to go and stock him. T stalk him. What i really want them do. This is a Civil Society p