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racketeering enterprise. and the state department was a pay-for-play organization. put on top of it, a racketeering enterprise. if they had an italian name, they would be prosecuted already. if i was back at my old job of u.s. attorney, i would indict the clinton foundation as a racketeering enterprise. >> you're thinking, those are references from years ago. there's no way that rudy giuliani is still touting rico, considering what he is going through right now. right? >> not if i do what i recommended four years ago and could easily do for them, which is bring a racketeering case. the statute of limitations hasn't run in a racketeering case. i can get them all in. and hunter biden gives us the classical definition of a racketeering case. >> that did say august 1st on the upper right part. you saw that, right? cnn is reporting that giuliani is struggling to keep up with his legal bills. staring down hundreds of thousands of dollars. today, he is referencing himself, talking about the work he was talking about, the work against ganger gangsters. >> i'm the same rudy giuliani that went after the mafia. i haven't changed one bit. the country has become fashcist. if donald trump committed a crime, love him though i do, i'd put him in jail. >> mark meadows, also in charge, is trying to move his case to federal court. i want to bring in jamil jaffer, white house counsel to george w. bush and founder and executive director at the national security institute at george mason university. you and i have been talking about some of these matters for quite some time. this is expected to have the fourth indictment. it's coming out of georgia. one of the big issues is the attorney, fani willis, the prosecutor, said 19 people, no problem, i can do it all in one trial. >> these defendants will try to sever under georgia law. there's going to be a series of complaints about the acts in the rico count alone. some of them familiar in the process of the day after the election. the president making speeches publicly. sw tweeting out on twitter. the president can debate whether or not there was fraud in the election. the things that can call with raffensperger. >> the 11,780 votes one. >> find those votes. >> some on twitter saying, find real votes. not find fake votes. that's ridiculous. find meant discover, create, do what you need to do to help me win this election. nobody can know what the former president said without knowing he has talked about. >> what it actually is, is. it has that lawyers' hands are all over this. speaking of mark meadows in particular, this is an issue that people are leaning into. he's trying to remove the federal court. it would stay in georgia, moving to the northern district of georgia. maybe more conservative of the demographics that we know. the full court being, if you charge me on things i did when i was chief of staff, that's under the color of law. my title. i get to remove these things. does that bode well for you? >> it says, in official or individual capacity. it has to be relating to his office and the responsibilities of his office. this is a political debate if his boss is going to stay in office. it's debatadebatable. it's hard to know if that's a credible case he can bring. a charge he might bring, or the president might bring, i have civil rights. i can't get a fair trial in state court in georgia. i need to move to the federal court, as well. hard argument to make. >> he has time and opportunity to get it done. i'm sure he will try a host of defe defenses. i want to see what he has been saying on truth social and beyond. there's some statements that he is making right now, as well. he is promising he will hold a press conference. imagine that. he will provide irrefutable proof of election fraud in georgia. are you stunned that he will have a press conference? probably not. but the idea of proof of election fraud in georgia. why are we just now hearing about this proof, one? and two, are you surprised he is sticking with this path given the new indictment? >> look, he's said there is fraud in georgia for three years. we've seen republican officials saying, i supported donald trump. i would prefer he was president of the united states. there was no fraud in our states. we've seen that in georgia, washington, and everywhere. >> we talk about the georgia 2020 election. you have brian kemp, the governor and others. we're not talking about the talking point of democrats that are trying to undermine donald trump. raffensperger, jeff duncan, brian kemp, all republicans and conservative ones at that. he's suggesting this was not a stolen election by any stretch of the imaginatimagination. he won by the magic number. also, the requests being made. the size of the lead here is significant in these areas. what does it tell you about the data points and the statement? >> the president will assert he won the election, he should be in office today and georgia should be a part of that. he hasn't deviated from it. it's not consistent with where he's been or where he is going. he's going to argue that he should have been in office for the last four years. >> let's talk about this document. we've been anticipating this indictment. something was posted on the docket. and there was a question, something was posted. and then, it was taken down. a yo-yo, take it and give it back. she had to answer questions. and she said, i'm not going to speculate. she was not one. we're learning information that they did a test run to see how you're going to post this. you're shaking your head because many people were going, how about you just post the test document? it said "test" on it. it has legs. people are trying to suggest this was a foregone conclusion. it wasn't a fair process. what do you say? >> look. everyone knew the charges were coming. we've been talking about this for months. we knew the case was being presented to the grand jury. fani willis said that. there's no question this was coming. should they have done a better job in a better manner? of course. at the end of the day, the garage voted for this indictment. they posted this a day area. there's no conspiracy about the grand jury. they brought the charges, that's the process in georgia. >> it was earlier that day. if you're looking for a conspiracy theory, you might find one. thank you so much. up next, everyone, donald trump is intensifying his attacks on, you guessed it, fani willis. daniel dale will be here to fact-check some of the claims he is now raising. plus, now that trump and his allies have ten days to surrender, surrender meaning go to the courthouse and tell them that they are there, hear what to expect when they are arrested. and one con servetive says the indictment makes it likelier that trump will attend next week's debate. that's coming wednesday in milwaukee. we'll talk about it next. 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(female announcer) now, millions more are covered by medicare. take advantage of the expanded coverage by calling today. well, it's only a tuesday night and there's wild accusations from sex to murder. donald trump is intensifying his attacks on fulton county d.a., fani willis. daniel dale is here with a fact-check. we are hearing a lot about this woman and her as a prosecutor. a lot coming from donald trump. i'm curious what is true and what is fact and fiction. i have a sense of what is what. one of the things that trump is saying is willis should stop spending so much time focusing on, him, and this is a quote. she should focus on the record number of murders in atlanta. how do the statistics in atlanta match up to the claim? >> this is one of the many cases where trump could make a factual point if he just stuck to the actual facts. but instead, exaggerates himself into falseness. he could have accurately said atlanta, like much of the country, has seen a murder spike between the pandemic between 2020-2022. he could say the atlanta 2022 number, which was is 170 homicide is the heightest since 1996. but it is not a record. a consultant provided that it is the 23rd-highest number for atlanta since 1960. it's 35th if you do per capita numbers. not close to a record. it's about 100 lower than the record in 1973. i'll make another point. the trump campaign released an attack ad attacking willis and other prosecutors that were prosecuting trump. it included a quote in big text. so far this year, atlanta has nearly 60% more murders. you see that and think, that's terrible. this year must be bad. it shows that this year is actually 2021. that's when there was a giant spike. if you look at the numbers, this year, 2023, about a 25% decline year over year compared to 2022. >> it's a little odd to talk about a prosecutor and decision about the stats on the crimes that are committed. their role is in part to prosecute and obviously to deter. but it's more of a commission for the police chief. there's more, as they say. he went on. the thumbs were busy. the former president accuses willis -- this one is salacious. it's having an affair with a gang member of a group that she is prosecuting. unquote. is there anything to that? >> there is not. it's bonkers. there's a rapper named ysl mondo. he's part of a hip-hop collective. ysl mondo, gave an interview to "rolling stone" that in 2019, when fani willis was a defense lawyer, she represented me. we had auntie to nephew talks. no hint of an affair. the trump in that attack ad twisted that into fani willis is hiding a relationship with a gang member of a gang she was prosecuting. she confirmed to "rolling stone" that i represented him. and trump went further than that and took hiding a relationship thing and turned it into an affair, like a sexual, intimate relationship. there was no hint of an affair. no hint he's provided zero evidence because he's provided there's no evidence at all. >> but the talking point, nonetheless. finally, there's trump attacking her for refusing to investigate the supposed theft of the 2020 election. walk me through that. >> he might as well say she is refusing to investigate leprechauns or chem trails. he lost georgia fair and square. the outcome was certified by republican secretary of state brad raffensperger. brian kemp again, who confirmed the legitimacy of that election. he lost. he claims he is coming forward with massive conclusive proof on monday. he's had 2 1/2 years to show much proof and hasn't come close. >> so glad you're here to fact-check this. unbelieve wable we're in this moment. i want to bring in dekalb county district attorney, gwendolyn keys. there's a lot happening in georgia. i'm sure you know. a lot of focus on fulton county. you're with dekalb county. there's a lot of similarities. i have to ask you, what was your impression when you saw this indictment roll out? we're talking over 90 pages. rico is the big umbrella. it requires explanation of what that means. >> i had mixed emotions. i'm prould of fani, the d.a., her team, and this is the c culmination of these efforts. running a special grand jury with 75 witnesses with a course of just under a year. that's a huge undertaking. and now, you're at the point where we can actually see the fruit of the efforts. at the same time, it's a sad day for our country, to think of what this means in terms of history, of indicting a former president and many of his colleagues. i think now is the time to see what is going to be happening going forward. we've seen motions. we can expect to see many more from members of the defense teams. we'll see a prosecutor's office that's ready for the moment. >> prosecutors are going to be on-edge in terms of the safety. the nature of the work you do is going to bring you under scrutiny. you're not the most popular person in the courthouse. do you have concerns about her safety? we talked about some of the targeted attacks against her. she had to increase her security, as well. now this will be a televised proceeding, it's been to some degree. she is not shying away from the camera. do you concerns about her safety? >> i think any prosecutor would. i've not seen the attacks. she reached out to the sheriffs and notified the judges the keep staff at home. kept her staff at home to limit the people in the courthouse. you can tell she is taking the attacks seriously. all of fulton county and law enforcement will continue to do so going forward. i have to hope and pray, those efforts work. >> the big story is the number and scope afteof all of the peo charged. this is a fourth and historic indictment that includes a former president. it includes 19 people total. she said she intends to try this case together, the defendants together. people go 19 defendants at once. whoever gets this case as a judge, if they have hair today, they won't have it later. do you think that's a realistic expectation? this is a rico charge. the idea of all together, can that be done here? >> there's a couple things to think about. having a rico makes it easier. the prosecutor likes to tell a story. you can tell the whole story, with the facts and little information that builds upon some of the crimes you have to prove. you have the prove two acts out of all those alleged. she has to prove two to be successful. the other thing that's important to keep in mind, she is an experienced prosecutor. she's handled these before. she's handled cases before. seems like 19 is untoward or might be difficult, we don't know if there will be 19 or 18. as we go flu, there will be motions, some of those may cut in the defense favor. some may cut in her favor. there will be discovery issues and sharing of discovery. once the defense team sees that, they may make decisions to make deals to lesser charges or take lesser sentences. >> or move to federal court. there's a lot of possibilities here, just during the normal course of a criminal trial that may naturally narrow that number down. the key thing is, she is ready to go. that's the theme that we have to remember. if she said anything else, people would be questioning, is she certain about the case? she is not a prosecutor that's going to leave you questioning about her ability or her readiness to take this case to trial. >> to be clear, she will be questioned, nonetheless. that's just the nature of the game. looking forward the seeing what happens next. not in a sense of glee. but in a sense of, with an eye towards history and what all of this means. thank you for being here today. >> thanks for having me. my next guest, everyone, says that these new charges make it likelier that trump will attend next week's debate. it's coming in milwaukee. we'll talk about that next. plus, we are now learning just what special counsel jack smith wanted to see when he subpoenaed trump's twitter account. tonight, as expected, the reaction of donald trump's fourth, yes, fourth indictment from his 2024 rooifs, the very ones who were trying to actually best him, for rnc nomination, it's best described as a mixed reaction. here's a little taste. >> we see the legal system being weaponized against political opponents. that's un-american and unacceptable. >> if you disagree with some of the criminal charges here, if you think there's an overreach, it doesn't get rid of the underlying conduct. >> i think it 's an example of the criminalization of politics. i don't think this is something that's good for the country. >> the florida governor, ron desantis, are saying the indictments have helped trump in the polls. will they lead him to the debate stage that's coming up this wednesday? my next guest has a new column arguing that it just got a whole lot likelier. matt lewis joins me now. he's the author of the new book "filthy rich politicians." matt lewis, nice to see you here. i'll bet fox news hopes you're right. they want him on the debate stage. i'm not sure the other candidates want him to be there. it will be a bigger draw. less bhe's been playing coy, to say the least, over his plans. why is this something that's more likely now? >> first of all, you have serious people on to talk about law stop and prosecutors and as a political pundit, we are obsessed with debates. this is a big question for a long time. will donald trump show up to the debate? it's hard to tell. he likes drama. he likes to swoop in at the last moment. he might not want his adversaries to know if he's going to be there. we prep for trump there. prep for trump not there. donald trump loves attention. he brave craves attention and has a need to demonstrate his toughness and his matchismo. probably the last minute that trump will show up, if for no other reason but attention. the indictment probably puts it over the top and makes it much more likely that trump shows up. although it doesn't look like his rivals are going to capitalize on it, you can imagine this would be their moment. >> it doesn't look like they're not going to attack him because they're not going the attack him. that's why it looks like that. >> chris christie might. mike pence might. but ron desantis is a big missed opportunity. that's the story of his entire campaign, a missed opportunity. the interesting thing is, donald trump i think realizes, the mar-a-lago case and now this georgia case are serious. i don't know if you remember. but way back in 2016, the "access hollywood" video dropped on october 7th. and, man, it was devastating. i think everyone, a lot of people thought trump might drop out. there was a debate two days later. he showed up at that debate and survived. i think he surprised everybody by going on the attack. i think that debate save his candidacy. and i wonder if maybe there's a magic that he sees getting back on stage and demonstrating once again that he's the man. >> if i remember, at one time -- i would note just how much time has transpired in all of the things that have occurred in this country to say way back in 2016. wasn't one senator lindsey graham wanting to be on the j.v. stage for a moment? let's listen for a moment what that senator had to say about the georgia case. >> he is spending more money on lawyer fees than running for office. january 6th, i was there. i saw it. he was impeached over it. the american people can decide whether they want him to be president or not. this should be decided at the ballot box, not a bunch of liberal jurisdictions trying to put the man in jail. >> here's one of the issues with this entire talking point. on the one hand, you heard, this is not appropriate for the impeachment proceedings. ea it's not right for a criminal case but the voters. the voters did decide. they decided that biden won in the state of georgia. trumps actions is getting him charged. do you buy the senator's statement about the issues, leave it to the voters? >> it's a circular argument, right? mitch mcconnell saying, the legal world will take care of this. now, people are saying, it should have been impeachment. no matter what happens, somebody argues that it's somebody else's job to take donald trump out or to stop donald trump from stealing elections or what not. listening to lindsey graham, there's an electability argument that could be made in this debate. ron desantis can say, i think they're politicizing or criminalizing politics. that's wrong. but let's be honest. donald trump is facing four indictments. he can't campaign next year. i think there's a possibility this could be used against trump, especially if he doesn't show up to defend himself. that increases the odds he will be there. >> we shall see. only a couple days until we see whether you're right or wrong, matt lewis. thank you so much. up next, elon musk says he is a free speech champion. but is twitterer. ly slowing down access to sites that its billionaire owner doesn't like? plus, morgan freeman joins me next at the pentagon in a riveting conversation you do not want to miss. 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(female announcer) now, millions more are covered by medicare. take advantage of the expanded coverage by calling today. it's one of elon musk's favorite refrains. free speech. free speech, you hear him say all the time. today, something was weird for many of his users on x, or we're old enough to corecall when it s called twitter. news outlets and rival platforms were noticeably slower, taking more time to load than others. in tech speak, it's called being throttled. it included "the new york times," facebook, instagram, threads, blue sky, sub stack and reuters. is elon musk slowing down access to sites he does not like? the company did not respond when we asked for an explanation. i want to talk about this now with kara swisher, host of "pivot," who is on right now. >> how are you doing? >> i'm good. i wonder about the free speech discussion with elon musk. he is billing x as a free speech platform. if competitors and news sites are being throttled, as they say, is the platform really that open? >> he said he was going to do a cage match in rome with mark zuckerberg. let's keep that in context. he did send him creepy stalker tweets at him last night. that's the context. it's free speech for he but not for we. whatever he wants. he did buy the company. this the thing he complained about, was throttling and shadow banning. that wasn't happening before. except when people broke the rules of the platform. they will continue to say it's not so. there's no rigorous way of doing it. he decided who to favor and not to favor. who to give money to and not to give money to. every aspect of this, it's what he wans and his world and we just live in it. it's not a surprise. they dethrottled certain of the news organizations. maybe he is mad about a review of his cars or didn't like a profile of him or someone making fun of the cage match. he sub stacks the competitor. threads is a competitor. that's the thing he is doing. >> it's good to be the king. with all of the criticism and the notion of what's happened, or might be happening, they may have slowed down using it. people are still using x, including yourself, i still use it, as well. >> i honestly only use it to make fun of elon musk. i use threads for personal stuff or instagram. or other sites. i cut back drastically. i had to turn off comments bauds of the vile things many are now saying. it's not a useful platform to me. it's degraded as an experience. and the ads are bizarre. i could have bought somebody to clean out the insides of my ears the other day. it's the platform degraded substantively. he can do whaet he wants. it's a worse business. he's the richest man in the world. and tesla and his rocket company are doing well. he can afford to this. >> i'm. >> carolyn: concerned about the ads and the why. i want to ask you about the news we're learning tonight, that the special counsel got ahold of trump's d.m.s from twitter. what would investigators find in trump's d.m.s? who slides in them? >> i don't know who slides in the d.m.s. the judge in the case chided twitter for trying to delay it and alerting trump to it. they wanted to keep that secret. who knows when they were using it. when it was being used and who was accessing it? what communications. just like any other communications you use when you're investigating a crime. twitter apparently resisted or slow-rolled it. got a fine. and the judge was pretty strongly saying that elon was trying to favor trump in some of the transcripts released today. >> a judge thinking maybe he can't be the king. s kara swisher, host of "pivot" thank you so much. >> thanks. up next, hollywood legend morgan freeman on the original black panthers. heroes of world war ii. my information with him at the pentagon is next. every night... every night. okay. i'll work on that. save 50% on the sleep number limited edition smart bed. plus, free home delivery when you add a base. shop now only at sleep number. ah, these bills are crazy. she has no idea she's sitting on a goldmine. well she doesn't know that if she owns a life insurance policy of $100,000 or more she can sell all or part of it to coventry for cash. even a term policy. even a term policy? even a term policy! find out if you're sitting on a goldmine. call coventry direct today at the number on your screen, or visit coventrydirect.com. hi, i'm sharon, and i lost 52 pounds on golo. on other diets, i could barely lose 10-15 pounds. thanks to golo, i've lost 27% of my body weight, and it was easy. 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(man) no health questions. -physical exam? -don't need one. it's colonial penn guaranteed acceptance whole life insurance. if you're between the ages of 50 and 85, your acceptance is guaranteed in most states, even if you're not in the best health. options start at $9.95 a month, 35 cents a day. once insured, your rate will never increase. a lifetime rate lock guarantees it. keep in mind, this is lifetime protection. as long as you pay your premiums, it's yours to keep. call for more information and the simple form you need to apply today. there's no obligation, and you'll receive a free beneficiary planner just for calling. this sunday, morgan freeman presents a documentary on the history challenge called the 761st tank pa battalion. it tells the story of the first black tank battalion in world war ii. the combat they faced in europe and the discrimination they faced back here in america. i had a chance and the pleasure to sit down with morgan freeman at the pentagon the talk about this documentary and why it was so special to him. tell me how this story came to your attention. >> a guy, playwright, or screen writer, came to us, revelations, with the idea. never heard of the 761st. and started learning about them. and how they did figure into the war, to such an extent. to what extent they did. why don't i know about them? >> often times history is being erased or dismissed. >> rerouted. >> that's a good way of thinking about it. rerouted. rerouted into the can, the dumpster, often times. this tells about a really significant intersection. the idea this all-black battalion. not only being the only one -- >> well, they had white commanders. >> white commanders. >> so, they were there. not just like they sat back and set these black guys. they were with them for the most part. it was an all-black battalion. they were fighting nonstop. >> were they successful in battle? in the documentary, it goes into detail about the extraordinary significance and role. although, might that be known, is not understated. how did they perform? >> when they got there and started to fight, he kept them moving forward. kept hem out front. in the front lines, they were the tip of the spear. >> and it stands in such contrast, for people to understand, what they endured, the 761st, the bravery and valor, may have been regarded highly overseas in battle. but they came home. when they came home, there was a separate battle they had to fight. they were not treated with the dignity and respect as the white counterparts at all. >> you know, black men and women have fought in every single consecration that this country was ever in, starting with the revolution. never got quite the recognition for that effort, ever. >> you had a chance to sit in a fireside chat with general lloyd austin. he's historic in his own right. >> that was the second fireside chat, actually. some months ago, talking about the 761st. and his own military experience, coming through the ranks to be what he is. i remember asking him one time. do you ever think about the fact that you're black? he said, every day. >> how does that strike you? >> the right thing to say. does it surprise you that a man of that stature and rank would not be removed from the race in america? >> you can't be removed from race in america. you cannot. >> there might be some that say, let's teach about the glory of patriotism. let's teach about the valor of our armed services collectively. why focus on a particular battalion and the fact it was black? why is that part and should be part of our conversation about the history of even our military and our success? >> because history skipped over them. all of our stories all of our heroes, people we make movies about, particularly we make movies about, the war stories and like, they leave the black soldiers out. if there's a black soldier, the movie "patton" for instance. there was a black soldier in there. but he was patton's man servant. no mention of the 761st anywhere in that movie. didn't have to mention it. just show me one in the tank. >> there's a death that takes place if you're forgotten in history. >> that's the worst death. i think. that is -- to honor those people of color who died in all those wars unsung. unheralded, unheard of, they're dead. that's total. annihilation, that's death. we're trying to resurrect here. >> huge thanks to morgan freeman for that. the pleasure of that conversation and the pleasure of having this documentary come to light. be sure to check it out this coming sunday. everyone, thank you so much for watching. our coverage continues next. i choose airborne. it has an unbeatable amount of vitamin c, plus a unique blend of immune focused ingredients to turn up our immune support. airborne (female announcer) attention! medicare has expanded dexcom coverage -for people with diabetes. -if you have diabetes, getting on dexcom g7 is the single most important thing you can do. it eliminates painful fingersticks, helps lower a1c, and is covered by medicare. before using the dexcom g7, i was really frustrated. my a1c was stuck. (female announcer) dexcom g7 sends your glucose numbers to your phone or dexcom receiver without painful fingersticks. the arrow shows the direction your glucose is heading-- up, down, or steady. and because dexcom g7 is the most accurate cgm, you can make better decisions about food, medication, and activity in the moment. after using the dexcom g7, my a1c has never been lower. i lead line dancing three times a week, and i'm just living a great life now. (woman) it's so easy to use. dexcom g7 has given me confidence and control that everything i need is right there on my phone. (female announcer) now, millions more are covered by medicare. take advantage of the expanded coverage by calling today. . hello and a warm welcome to our viewers joining us in the united states and around the world. i'm bianca nobilo live from london. max foster is off thisk.

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