good evening. i'm abby phillip and welcome to cnn prime time. there are doxing threats against the jurors in georgia and a death threat against the judge. meanwhile, donald trump has proposed a date for one of the multiple trials he faces. this one, jack smith's federal election subversion case. that is april 2026. yes, that's more than two and a half years away. and it comes as he's negotiating his surrender over in georgia on charges that he and 18 co-defendants orchestrated a criminal enterprise to overturn joe biden's election victory. i'll talk to one republican who says the rico charge in georgia is, quote, a nuclear bomb where a bullet would have been appropriate. and we've got much more on all this to come. plus, imagine you're on a in it to cancun and just 27 minutes into your trip, you see this outside of your window. smoke and flame shooting out of the right engine. tonight i'll talk to two of the passengers on that flight. and a shocking mistrial in the case of a father and a son charged with the attempted murder and chasing of a black fedex driver who was making deliveries in a mississippi neighborhood. >> he was in the middle of the road holding a gun and he told me to stop. they chased me out of the city. and i had to file a police report after that. i feel it's my responsibility to speak up. i want to do that for me and him as well. >> i want to begin now with the threats to fulton county officials and to grand jurors in the wake of president trump's fourth indictment. joining me now, the former trump white house lawyer jim schultz and the cnn chief law enforcement analyst, john miller. i want to start with you about the doxing incident. it seem to be a pattern here. there is a texas woman being charged with threatening the federal judge in washington, d.c., handling that election interference case. now we're learning that the fulton county official are working with the fbi on some of the threats that have been aimed at the grand jurors. how dangerous from a law enforcement perspective is this climate that we're in right now? >> what you're seeing is people doxed their names and the pictures from social media out there. you see people making threats on other chat rooms and message boards generally. and not a little experience from the nypd where we investigated a lot of these. they aren't breaking the law. they're getting publicly available information. and the threateners are usually not the people who carry out the threat. what fulton county officials and the fbi are on the alert for is that person reading through all that, who is not one of the people out front who will go do something. on the other hand, the prosecution of the woman from texas who threatened the judge, she's being held without bail, going after the people putting these threats out to grand jurors is important. you have to set the examples that you cannot instill fear and pan knick people's homes and family lives and not be accountable. >> is there any way that this does not start to affect the criminal cases? there are four of them in all these jurisdictions. the judges are under threat. perhaps the jurors are as well. what impact does this all have? >> we hope the justice system continues to roll along. that the cases move along. and these things don't impact the cases from moving forward. law enforcement is doing its job. the judges are doing their jobs, right? making sure that they are holding back some of the incendiary comments that the trump camp might be making against prosecutors and witnesses and other folks. do they have some responsibility? trump himself is criticizing and attacking the judges in all of these things. is there some responsibility there for them to tone the rhetoric down? >> sure. whenever you have people receiving threats of violence, threats against their family. witnesses might feel intimidated by that. it is incumbent upon the judge to make sure that they hold the defendant, the defendants in these cases accountable. >> it is interesting that the judge in washington who is the subject of the threat warned the former president about inflammatory language in one of the earlier hearings. we saw the same from the new york judge. i don't think that the former president has really responded to those warnings. >> clearly not. i want to ask but the surrender that we could be seeing next week. this is the environment that we are in if you're law enforcement, how are you responding? >> well, first, there are layers of it. the secret service has to secure the former president. they've now done that a few times. they've been through this drill in miami and new york and washington. that they've got down. for georgia and fulton county, that is a little bit new. you see the barriers are placed around the courthouse. they have mutual aid packages with the atlanta pd and the other departments to assist the sheriff's office and bringing whatever resources will be needed. but we don't know what form that will take. the sheriff's instruction is the president, the former president of the united states is supposed to report to the jail for a booking process and then be released. >> we don't even know when, really. we talked in the intro about this filing from the court. the trump team saying they want this trial in georgia to happen in april of 2026. how likely do you think that is? >> there is no way this georgia case will get done this year or probably next year. she filed against, you know, 18 defendants, 19 defendants. she filed a case that i would say in comparison to the jack smith cases, that's like a porsche. built for speed, very stream-lined, very concise. this is an old '57 chevy. there are a lot of legal issues that will come out of it. this law in georgia hasn't been tested with the rico statutes in this context. you've already seen the former chief of staff mark meadows filing to move to federal court. will all the defendants be moved to federal court if the court approves that? will some of them be severed from it? these are issues that will continue to dog the prosecution and it gives a lot of opportunity for the defense to delay the case. >> by the way, the last time i saw a 22-defendant trial in a rico case was the narcotics conspiracy in the southern district of new york. the trial started in 1985. it ended in 1987. >> wow, yeah. >> look, we're already seeing jeffrey clark, one of the defendants in this case also asking for a different date, just to show you every one of these defendants will have their own motions that they'll be making petitions to the court for different things. thank you both very much. >> thank you. i now want to bring in colorado republican congressman ken bach into the conversation. congressman, thank you for joining us tonight. as we were just discussing, the trump legal team, they're pushing for that april 2026 start date for the federal subversion case. and trump clearly wants to push this well past the 2024 election where he is running. but do you think that that is warranted given what he is being accused of? do voters deserve an outcome to that case before the election? >> i think voters deserve that. but this prosecution could have been brought earlier also. i think that it is very unlikely you'll see these 18 defendants sitting in one courtroom all at the same time. so you're going to have multiple trial dates. my guess is that some of these removal actions that, for example, mark meadows filed, will be granted. you won't even see all the defendants in state court. you'll see multiple jurisdictions, multiple trial dates. it is a mess. and frankly, using a rico statute and indicting 18 people, some of whom, their crimes are really acts and furtherance of a crime, giving the president a phone number to call or setting up conversations. the scope of this prosecution, i can see why they're asking for a date that late. i don't think it should start in april 2026 but certainly we'll see multiple actions and multiple jurisdictions. >> i wonder, we're obviously well into the 2024 cycle and trump still has this massive, 37% lead over his nearest competitor, ron desantis in that latest fox poll. that's a tremendous hold over your party. do you think there's anything that could break that hold that trump has? >> i think it is too early to make that prediction. trump starts with a huge advantage because he's been the president before. he's run in two presidential campaigns before. just based on name recognition and other advantages he has, he'll be ahead. if we're talking about this in february of next year, then we've got a real discussion about how does the republican party deal with a president facing four indictments, or a former president facing four indictments, a candidate, and how does the party move forward from there? i think the dynamics will change between now and then. >> when you think about what this georgia indictment in particular is alleging, a whole lot of election false hoods. trump himself saying that he would hold a press conference on monday to further those lies. now he's saying he won't do that. do you wonder, or do you think that when you just think about that, do you ever wonder about just the mental fitness of a person who believes those lies, even though he's told they're not true, and whether that person should be the one who is potentially in the white house next? >> well, i'll tell you, first of all, the discussion that you had earlier about this threats that are being made, and other actions toward grand jurors and people doing their civic duty. showing up and doing their job as americans, is despicable. if you're innocent, start acting like it. i can't think of anything worse than trying to attack the criminal justice system because you're a criminal defendant. and i think that's just terrible of any defendant to go through that process. i think the republican party will survive this. i think we have a strong message when it comes to running against joe biden's are ready. and i think that other candidates are going to be able to step up and really assume that mantle. strong candidates. vice president pence did the right thing on january 6th. he has shown himself to be a man of integrity. governor desantis has done the right thing when he was helping florida get through this covid pandemic and crisis. i think there are a lot of candidates who have very strong backgrounds and i think the american people will see that. >> i hear you saying that you hope that other candidates will step up. i wonder though, what do you think they have to do to actually make that happen? as we pointed out, there's a 37% gap between trump and the next person on that list of candidates. that is a huge, huge, you know, void there in the republican party. >> absolutely. and one of the problem is trump is getting all the press. so it's hard for anyone's message to break through and have voters understand that what their qualifications are, what their positions are, why they are candidate who could lead in the election. >> are they doing a good enough job trying? >> i think everyone is trying. i think everyone is trying. and i think the media is doing their job. if you have an indictment of a former president, that will obviously get the headlines. someone saying that this is my position on taxation will be on page 16 of the local paper. i think people are trying and i think the dynamics will change. >> thank you for joining us tonight. up next, the man who usually sucks up all the oxygen in the room as we were discussing, apparently won't be in the room for next week's gop debate. what is the strategy for his rivals? a leaked memo has some juicy details on that. plus, terror in the sky. i'll talk to the passengers who saw flames shooting out of the engine on that southwest jet flying to cancun. t. ♪ ♪ huh, huh, so did their dog roger. ♪ ♪ gain scent beads keep even the stinkiest stuff smelling f fresh. my heart failure diagnosis changed my priorities. i want time for the people i love. my heart doesn't pump enough blood... so my doctor gave me farxiga. ♪ farxiga ♪ it helps my heart do its job better. farxiga helps keep me living life... and out of the hospital for heart failure. farxiga can cause serious side effects including dehydration, urinary tract or genital yeast infections in women and men and low blood sugar. ketoacidosis is a serious side effect that may lead to death. a rare life-threatening bacterial infection in the skin of the perineum could occur. stop taking farxiga and call your doctor right away if you have symptoms of this bacterial infection, an allergic reaction, or ketoacidosis. more time with her? 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let's discuss with the political commentator, david axelrod, and david irvin. the davids. if you were advising former president trump, would you tell him to come to that debate and show up? there are rumors that they're considering some counter programming which is the option that you would advise him on? >> i would advise, and i'm sure david axelrod would advise, option b. when you're 39 points ahead, as he is in this most pacic quinnipiac poll, i think it would be foolish to show up. and i think you will see some counter programming. there are rumors that he will do some sort of event with perhaps tucker carlson on twitter which would be quite a return, right? former president trump returning to the platform which booted him off and kind of a grand fashion on the night of the debate would be something to see. >> as long as it works, right? >> right. >> so ax, look, this is who is on the debate stage so far. you've got, you know, basically the main candidates here. nikki haley, desantis, ramaswamy, christie, pence, trump if he wants to be, but if trump isn't there, what would you advise the other candidates to do to actually take him on in that setting? >> you can't take the whole night taking trump on. a bunch have shown a hesitance to take trump on. christie, trump is, you know, the great white whale to christie's captain ahab. the premise of his candidacy is i'm the guy willing to say the emperor has no clothes. so his strategy will have to change. he will still go after trump. but it will have to change. for the others, look. i think part of the problem for trump is he sucks out all the oxygen from the room even when he's not there. this whole race has been dominated by him. and what these other candidates have to do is they have to burnish a message that means something to people and 37 to, whatever their comparative advantage is, to animate that message and this is an opportunity to do it. but when you're preparing for these debates, you have to recognize that most of the people won't be watching it. and so you also have to figure out, how to land a moment, a moment that will become viral that is on your message. we've seen candidates in the past, kamala harris did this. she landed a great line. it caused a sensation but there was no follow-up to it in 2020. so those are the thing that i would be thinking about right now. what's my message? where is my comparative advantage? how do i come up with lines that will live and that will give people, you know, people who don't watch the debate. >> so. in spirit, it is really fascinating, this internal memo that seemed to reveal debate advice from a pro desantis super pac. the memo that he reportedly needs to take a sledgehammer to vivek ramaswamy, the newcomer rising in the poll. he should defend donald trump when christie inevitably attacks him, and he needs to attack joe biden and the media no less than three to five times. what do you make of that? >> add water and stir. >> as ax says, that is a tall list to do in a very short period of time and get it out in a coherent manner which people will remember, right? right now we've got hammer ramaswamy, right? he's calling roeblt ron back and there is some good stuff going back and forth already. it's not uncommon to see things leaked, telegraphed in advance of a debate. trying to score some points before the debate occurs. as ax says, not many people will remember what happened after the debate. >> i just want to say one thing. i think that was one of the most amazing, and maybe a little appalling things i've seen. this wasn't just a two-page memo meant for the public to read. this was hundreds of pages of strategic advice, which by the way, if the candidate spends that much time reading hundreds of page of advice, he's making a mistake. but it was posted on the company of one of the principals in this super pac so the campaign could get their advice because they're not allowed to talk to each other. but of course, other people saw it as well. so now his whole strategy, if he follows their advice, the whole world has seen it. it's on the front page of the "new york times." he tries to use any of these lines and he'll get hammered for being a trained seal act. it was really malpractice as far as i'm concerned. >> i get the super pac can't talk to the campaign and you have a leak. >> you have to be more creative about it. >> i think that's about right. >> well, we're talking about him. >> that's true. david and david, you guys should take this show on the road. if you want to hear, actually, what vivek ramaswamy has to say about all this, stay tuned right here on cnn. he's on in the next hour with jim acosta. >> coming up next, a black fedex driver allegedly chased down and shot by two white men while doing his job delivering packages in mississippi. why did the trial abruptly end today? 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[ bleep ]. >> let's get right to cnn's national correspondent ryan young in atlanta. so ryan, what happened in court today? why did the judge take this extraordinary step to declare a mistrial? >> you can see d'monterrio's mother is clearly upset and angry. the judge was reflecting that this has never happened in his 17-year career. from what we understand, there was a detective who apparently did an interview of one of those men who were charged and never handed over that video to the defense or the prosecution, and this came up during trial. so they had to pull back because the video wasn't entered into evidence. so it astonished everyone. let's go back to the case. you think about january 2022. he was trying to deliver a package. apparently he was in a hertz rental car and it had hertz on the side. he was wearing his fedex uniform. he went to deliver the package and these two men started shooting toward that car. inwe have some pictures of the bullet holes inside that delivery van. so you can understand why the mother would be so very upset. the fact that her son was working his be enjoy, delivering packages and then he was shot at by these two men. they were charged with attempted murder. the case was proceeding and then all of a sudden, you have this detective get on the stand and admit that this video evidence that he had all this time, since january 2022, was never delivered to both sides so the mistrial was called. there is been some talk about this case could go right back to court pretty soon. as a mother sitting there, you can tell, she was very angry about this entire procedure. >> yeah. a lot of distrust down there in mississippi of the system as well. ryan young, thank you very much. i want to now bring in cnn legal analyst joey jackson. as ryan was saying, the judge was just blown away that this could happen. how could something like this happen? >> you know what? it shouldn't. but here it did. here's the reality. there are certain rules of engagement at trial and one of those is that you have discovery. we don't have trial by ambush hereful what happens is before trial, criminal or civil, civil involving money, criminal involving criminality as this trial is. you turn everything over. the tectives speak to police. they glean what is available. are their phone records, reports, whatever it, you hand it over to the defense. the defense counsel has reciprocal obligations. what that means in english, hey, we have stuff, too. you give it to the prosecution. the reason that's valuable, not only to ensure justice because you have a better and fairer trial when you have all the material. but it helps determine whether there will be a trial. if you get the information and it is so compelling against your client. you go to the d.a. and you say, let's settle. in this case, you have a videotaped statement? and you're a detective and you don't hand that over? that's like 101. >> is this a prosecution mess-up here? ultimately at the end of the day, they need to know what evidence they have. >> i always hate to say that. when you're a prosecutor, you speak to whoever are going to be your witnesses and you say, what do you have? i need that. but apparently in this case, you have a detective who testifies and makes an admission that i had this all along. it's in my possession. know i should have turned it over and i did not. how could you get a fair trial? how can people trust the system? the judge to his credit is saying, i have no choice. i have to declare this. >> if you're also, you know, the victim here in this case, this was justice deferred and perhaps justice denied. in the clip we played earlier, he talked about applaud arbery. a black man being chased down by white perpetrators. they were convicted in that case. if this case -- first, do you think this case will go back to trial at some point? if it does, do you get a sense of how this evidence stacks up? >> i do. yes, it will go back to trial. what happens is when there's a mistrial, double jeopardy doesn't attach. it's when you try for the same offense twice. but you're not technically tried because it didn't happen. it's not final. so the answer is it will go forward. the question is, when will that be? in terms of how the evidence stacks up, listen. whenever you're chasing someone who apparently, he's a fedex driver. he wasn't in a fedex truck. apparently it was marked hertz. why are you shooting at that person? generally when you shoot at someone, you're in immediate fear of death or serious injury. you have to respond to whatever threat they pose. what threat did he pose? and you have to act reasonably. if those three elements are not met, it was an immediate threat. your force was disproportionate. you're shooting. they're not doing anything to you and you're not acting reasonably. that signals conviction. they have the right to due process but they have to explain, the defense has the burden but inquiring minds of the jury will want to know. why did you do it? was there any justification? if the answer is no, that means you're guilty. >> this is one of those cases where it really shows, the defense lawyers matter but prosecutors matter quite a lot, too, to get restitution for victims. coming up next, can parents be held accountable for an 18-year-old's racist shooting rampage? my next guests are suing to find out. >> plus, a southwest plane catching on fire mid flight. we'll speak to some of the passengers who are on that extraordinary flight. why is aaron happy? well, just days ago, his old wheels gave out, but he knew carvana had his back. that's because carvana had thousands of cars under twenty thousand dollars. and with the new cosigner option, aaron's folks were able to help him out with a new ride. “no way.” yes way. with thousands of cars under $20,000 and our cosigner option we'll drive you happy, at carvana. the first time you connected your godaddy website and your store was also the first time you realized... well, we can do anything. cheesecake cookies? 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like i haven't been to work since may 14th, 2022. how do you think it is? >> joining me now is the only child. she was killed inside that tops grocery store in 2022. also with us is the executive director and chief litigation counsel at every town law which is an organization focused on gun safety litigation. eric and wayne, thank you for being with us tonight. wayne, i do want to start with you. first i'm very sorry for the loss of your mother. what do you hope this lawsuit will achieve for you and for your family? what does justice look like for you in this case? >> justice looks like some action in congress. you know what i mean? not just the monetary benefit of this. we're looking for some laws to be changed so the next family doesn't have to go through this. >> and typically, the courts have been reluctant to hold parents responsible for the actions of their children. in this case, it might even be more difficult because the shooter here was 18 years old at the time of the shooting. if you were to speak to his parents right now, what would you want to say to them? >> i would just want them to reach out to us and say, we're sorry for what our son did. they haven't reached out and said a thing. an apology goes a long way. just the accountability for what your son did. >> and eric, the arguments in this case are pretty wide-ranging. they include defendants from gun industry and the shooter's parents as well. social media companies. we've reached out to all of them for comment and here's what youtube responded with. they said in a statement, through the years, youtube has invested in technology teams and policies to identify and remove extremist content and we regularly work with law enforcement, and civil society to share intelligence and best practices. so eric, these social media companies, they have been given quite a lot of immunity in cases like this. how are you going to approach this from a legal perspective to prove that they should be held accountable? >> so what we've alleged, and we filed two lawsuits this week. there are three groups of defendants. one is social media companies. as to the social media companies, that includes youtube and reddit. what we've alleged is that their algorithms and the way they drove content to the shooter helped to radicalized him and provided information with how to acquire and equip himself for this massacre. while it is true that the courts have interpreted the immunity that congress gave online companies quite broadly, we believe that our focus on the reasonable dangerousness of these algorithms allows us to get through that community and to hold these companies accountable. >> yeah. and as you say, you're seeking this responsibility from all the different players. you're seeking compensation for negligence that resulted from the psychological trauma that was faced by both the families and the victims. how confident are you that that argument will succeed in court? >> yes. so one of our lawsuits is on behalf of 16 other survivors of this mass shooting. folks who were working and shopping at the tops market on may 14th, and found themselves in the midst of a mass shooting. literally not knowing if they would live or die and running for their lives. er and we're very confident when a court, and we hope a jury hears their stories, they will have no doubt that these are survivors who are entitled to their day in court and they're entitled to compensation for the wrongful conduct that contributed to the shooting by the defendants we sued in the gun industry, social media companies, and as you mentioned, the shooter's parents. >> and wayne, before we go, i want to give you the last words to take a moment and tell us about your beloved mother who you lost in this horrible tragedy. >> she was a single parent the majority of her life. her parents died at an early age. she survived three aneurysms. she survived breast cancer. and for her to lose her life shopping, it's a tragedy. in itself. >> yeah. absolutely is. wayne and eric, thank you both very much for joining us tonight. >> thank you. >> thank you. now, imagine being on a plane when the engine just catches on fire. my next guest doesn't have to imagine it at all. it just happened to them. stay with us. they're quittingng the kibble. and kicking the cans. anand feeding their dogs dog food that's actually well, food. developed with vets. made from real meat and veggies. portioned for your dog. and delivered right to your door. it's smarter, healthier pet food. get 50% off your first box at thefarmersdog.com/realfood ♪ (upbeat music) ♪ ( ♪ ) ( ♪ ) ( ♪ ) -awww. -awww. -awww. -nope. 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what made you realize that something was wrong here. >> when you go on a plane, there are many cross winds. i guess you expect it more later in the flight. right when we took off, we started heading south toward cancun. within a minute of turning, you felt the plane going side to side like we were in a cross wind. but then it started shifting this way and going side to side. we started looking at each other. we're avid flyers and that's not >> i think for sure we knew when the captain came on and he said we have engine problems, will be laying on the ground here before we leave. before we finish. >> what goes through your mind when you hear a pilot say their engine problems. did you hear anything? was there a loud boom or anything like that when the fire started? >>, yes so i was sitting on the wing with the engine. i heard basically just a boom, but you know how it is. when you're flying you hear noises and everything going on. i didn't start thinking anything about it, so we started sway really weird, and then when the pilot came on, as quick as he came on, we kind of knew something was going down. but, yeah, there was a boom and basically, it just started kind of swerving everywhere. >> yeah, and i think -- the things that go through your mind or what's going on? is somebody going to? love her work? my first instinct was to turn to them if you ever support? -- -- >>,. >> when everything was going on, you could kind of tell. you could hear pendroy finished airplane when everybody was pain attention. i looked over at her and these are trained for suppression alums, they're gonna let us down safely, and that's exactly what they did. it didn't awesome job getting this home safely. >> you guys were cool, calm, and collected it sounds like. was there a smell? could you smell anything burning? >> oh yes, you could smell gas, you can smell gasoline. >> it's not like fuel, but a little bit of smoke. we live in galveston, texas, so the closest thing i could say was the burnt remain fuel from about. inside the cabin. we all, again, we're looking at each other and i don't understand, nobody on the plane freaked out and the passenger took this video. we were silent we did know what was going on. everyone thinks that is gonna be screaming and chaos. i didn't pick up my phone ones. nothing was going through my mind other than waiting for someone to get on the microphone and tell us more, i guess. >> yeah, well, you all landed safely, as we said. but then you've got another southwest flight. were you nervous to get on that flight? or you just like, we gotta get to mexico as quickly as possible? >> it's not bad. i felt that was probably the safest flight i've been on, because it was one of those deals where something happened, you know what i mean. everybody on that flight, the second flight for sure, was reassuring, everything is good, have a safe flight. it was we were good. but i'm happy we got here. >> yeah, i really don't know how to explain it, but the second fly, i don't know if i've ever been more confident in a flight and my safety than in the second one. i think, you know, my confidence, the first one was horrible, and i felt everybody has that one flight, and there's no way this is going to happen again. the trust that you have, especially when you're going through that, the only thing you can say in the moment when you're setting that plane is that there are professionals. they've trained for this. the professionals, they're trained for this. and you pray to god. and that's truly the only thing that we're going through my mind. so the second flight, i don't even think i could iterate how much piece i had. and i know how we are that sounds, but it's like, that was my one. and i don't know, i just, i've never been more calm on a flight. i've never had peace located on the second flight. >> i hear you on that. as you said, the pilots in their training, it really kicked in in those moments. jordan and linda klinicki, thank you very much. both of you have a margarita for me on the beach while you're at it. >> we've had many. trust me. the minute we got here, we were like, we need something right now. >> i bet, thank you guys. >> thank you. >> and coming up next for us, a death threat toward the judge in trump's criminal trial in washington d.c.. a judge who experienced the deadly consequences of being the target speaks out. searchable, verified reviews. that's better t than the ham, and i've never said thatat. booking.comm bookoking.yeah my heart failure diagnosis changed my priorities. i want time for the people i love. my heart doesn't pump enoh blood... so my doctor gave me farxiga. ♪ farxiga ♪ it helps my heart do its job better. farxiga helps keep me living life... and out of the hospital for heart failure. farxiga can cause serious side effects including dehydration, urinary tract or genital yeast infections in women and men and low blood sugar. ketoacidosis is a serious side effect that may lead to death. a rare life-threatening bacterial infection in the skin of the perineum could occur. stop taking farxiga and call your doctor right away if you have symptoms of this bacterial infection, an allergic reaction, or ketoacidosis. more time with her? 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