and in chicago, the mercenary army. good evening, jon burrman here in for anderson. and a new development in the rico case against the former president and 18 others, all of which we will talk about tonight. there is election lawyer sydney powell in a court filing late today joining cheese borough asking for a speedy trial, and kathy latham joining two others claiming she was following the advice of the president's legal counsel and "at the direction of the president of the united states." it is a striking admission, but part of the defense is an offer to transfer it to federal court, but also raises by another former president. >> when the president does it, that means that it is not illegal. by definition. >> exactly. ly. >> back in another item, codefendant harrison floyd making his first court appearance by video link from jail. he is the only one who failed to reach a bond agreement this week. the judge today refused to change that. meantime, the trump campaign, which is already selling merch with the mug shot audit threatened legal action against anyone else doing the same. the one catch, of course, that photo is part of the public record. it is an official photo. as for the making of it, listen to the president last night on another network. >> terrible experience. i came in. i was treated very nicely, but it is what it is. i took a mug shot, which i never heard the words mug shot. that wasn't in the school of finance. >> so keeping them honest, however that works with this, it's hard to imagine that someone who grew up in new york and counted rob lawyer mory cohen as his best friends never heard of the word mug shot. and his t-shirt was hocking it up to $2,000 a pop, back to april, the one with a fake mug shot on it, even harder still when you listen to the conversation he had a few weeks before that, the one in which he clearly did the hear the words mug shot from his friend sean hannito. >> you would be arraigned. you would have a mug shot, fingerprinted and maybe even handcuffed. now, when you think about being at 1600 pennsylvania avenue and juxtapose it to that. how do you deal with it. >> we are dealing with dishonest people. we are dealing with thugs. we are dealing with people i actually think hate our country. >> you would be arraigned. there would be a mug shot, to which donald trump did not reply, hey, sean, what's a mug shot, on another note what sara palen said last night. the vice president capped candidate saying those who create this two-tier system of justice, i want to ask them, what the heck, do you want us to be in civil war? because that's what is going to happen. and joining us from atlanta, kaitlyn, as i mentioned, three codefendants in the georgia case, kathy latham, sean still and david say they were following orders from president trump. so what's the next step here? >> that's right, john. so what these three defendants are saying is an initial argument that they are trying to make that could determine the shape of this case in a couple of different ways. they are not the only ones that are going into court right now and having to put up some arguments initially. there are two others, mark meadows and jeffrey clark, but what these people have in common is they were fake electors for trump after the 2020 election in the state of georgia. they are charged for that activity. and what they are trying to do is say we don't want our case in state court. we would like our case to be heard in federal court and the reason we have the ability to do and that a the reason we want that to happen is because we were fake electors, that means we were acting at the direction of the president. now, that is going to be a legal argument about where this case lands, if it gets split up, if the defendants are in federal court or state court trying this, but it's a preview of what could happen at a trial. there is one of the big things we are watching for is if defendants are splitting with different legal arguments for trump cuddling up to him or distances himself from him, with this argument that could become something that they will try to make later on as well, try to say "we were just doing what we were told, how could we will charged with a crime there." . also sydney powell requesting a speedy trial, as kenneth cheeseborough did. does that mean that's when sydney powell will go also. >> possibly. trial dates move. they move back because of arguments. they move because people need more time. but these two people are also in this position already pushing themselves away from trump and trump is saying he doesn't want a trial date set at all at this point, let alone at that time so soon. so sydney powell and ken cheesborou, they were working with trump in the federal case against trump on the same topic, 2020 election, they are both coconspirators. so watching what these people do is so important because it could signify if they are willing to try and move in the direction that is not the way donald trump wants to go with defending these cases. >> so kaitlyn, looking ahead to monday, just a few days from now because there is this crucial hearing for mark meadows in his efforts to move to federal court. what are we going to hear here and see here? >> john, we are going to see people underoath for the first time in any court being on display as giving evidence in the case against donald trump. and in this particular situation, the case against mark meadows. so in this hearing it is a hearing regarding meadows trying to move his case from state court to federal court because he says too he was acting under the presidency. he was the chief of the staff at the white house when he set up that call for donald trump and spoke on it somewhat whenever trump was calling the secretary of state. so this hearing monday, it will be like a mini trial. the da's office is having witnesses. they are going to put them on display, have them testify and then a judge is going to look at this and determine should mark meadows be able to move his case to federal court and get some constitutional protections around him because he was the white house chief of staff or should this stay in state court? was he politicking when he was setting up that call and working for trump after the election, the other thing the judge could weigh in on is should everybody have their case in federal court and maybe signify exactly what should happen with trump's case as well , if he could do the same thing. >> fascinating to see. thanks for being there and thanks for all the elements. jennifer rogers, former judge nancy gertner and also state senator who testified before the grand jury run by fony willis. i'm going to start with you, senator, if i can. you know of these three georgia figures who are now trying to get their cases moved to federal court. >> right. >> how much does it feel to you as if they are throwing trump under the bus? now saying he told me to do it. >> with what they filed in federal court, the problem is if you really look at what they are saying, it looks like the people who were directing them to do things really were trump's campaign lawyers. so i know that with respect to form in terms of keeping the campaign separate from the official office, trump didn't do a great job and it kind of all melded together. but that is going to be of particular interest for the judge here because obviously you can't do electioneering or politicking because that involve it is hatch act if you are a federal employee or someone acting under the color of law sochl that is a real specific thing jones is going to look at. >> we have a judge here. let's ask about that. how strong of an argument is it if you were doing elicit acts at the direction of the former president? how convincing is that to get it to federal court. >> i think that's a stretch to get that into federal court. i think the stretch is mark meadows stretch first. he clearly was acting as chief of staff and the question is whether the law says that all you have to do is be a federal official, these acts -- charged acts of crime took place while you were a federal the official. it's clear this judge has rejected that argument because if that argument were accepted, meadows would be in federal court now, since he clearly was chief of staff when he was doing these activities. the likely standard is whether or not what he was doing was related to his official status. and as their previous speaker indicated, campaign stuff is not related to your official status. likewise, messing around with the electoral standards is not part of your official acts. if meadows doesn't have this argument, it's inconceivable then that shafer would have this argument as well. >> and there is a separate aspect to this, which is also interesting when they in a way are pointing the finger at donald trump. he told me to do this. his people told me to do this. could that impact the case specifically against trump? >> well, it could at some point, john. at this point they are trying to get into federal court. but if they either plead out and cooperate with authorities and prosecutors are certainly going to try to thin this herd right away and get some of these people out of the case. if they cooperate and testify against donald trump, presumably this is what they are going to say, which is strong evidence against the former president and others. the other way it could come off is they go to trial alongside the former president and testify in their own defense and say they were acting at the direction of donald trump and therefore should be found not guilty. if this is their position, it could be a problem for donald trump down the road. >> let's shift to the speedy trial request now coming in from sydney powell. also joining kenneth che seboro. what are the risks for getting a speedy trial for these codefendants? >> again, i'm speculating again now. but i wonder what they are trying to do by moving for speedy trial is get out from under the other defendants. in other words, they can move to sever their cases from trump and meadows, et cetera, but by asking for speedy trial, which is my understanding they are entitled to under georgia law, their case goes on a track which is different from the others. so whatever their defenses are, this is a way of saying, hey, my case is going to be separate from their cases. there is also a very sort of interesting pattern here about the ways in which each of the defendants in the georgia case are basically acting inconsistent with one another. our previous discussion about shafer suggest that. they are pointing the finger at one another. but this speedy trial, trump wants delay and they want a speedy trial. and the only way one can reconcile those two is if they go forward while the rest of the defendants are delayed. >> so jennifer, another theory here is the nine dimensional chess theory, which is that all the defendants think it would be good to put some stocking cases so they can see all the case, the evidence present and they would have the evidence from that trial when he stages his defense. any merit in that? >> yeah. i mean, that's what the benefit is, if you see someone else go first, prosecutors will have to put forward all their evidence of the existence of enterprise, the acts that underlie the rico conspiracy. there is a lot to know. i think other defendants besides trump would be happy of this result because they get to see a preview of all the witnesses being cross examined. but the big guy has made it clear he doesn't want this to see and voters to see because it will be in the courtroom before the primary starts. >> they could see them before the first votes are cast here. senator, i want to ask about this other new aspect we are seeing on monday, mark meadows, this first hearing, mark meadows, what do you think we will see? some say brad rathlisburger will be there. what about the judge that appointed steve jones. >> jones is widely respected across the aisle. i mean, all attorneys really do respect him. and what's interesting with him especially this case that deals with cases of federal. >> reporter: between stateism is half of his life was a superior judge in athens. so he gets both sides of it and understands just how careful he needs to be here because he is really setting a precedent. he also understands that everybody is going to be looking at everything he is doing. in terms of the hearing that's coming up, i think it's going to be really revealing what exactly the da is going to try to get with some of the witnesses. for example, the investigator, francis watson, there was a text that meadows sent to her that basically said "hey, can you hurry this audit up if the campaign can throw some money your way?" that doesn't sound like a federal official or someone acting as a chief of staff. he is also going to have some of the trump lawyers, the trump campaign lawyers. the da is going to come in and testify. and what that signals to me is, look, if meadows wasn't acting as part of the campaign apparatus, then it doesn't attach and those gentlemen get to testify. >> when it come to this entire case and the federal case as well, we could see a lot of very interesting things here. senator, thank you. thank you, judge. thank you jennifer rogers as well. next the president's frame of mind with arrest ahead of him and trials. and late ally turned rival, that what becomes of the vaugner group mercenary army now. 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to the -- or to fulton county jail and also back to airport, i'm not quite sure they knew how it was going to go. i smoke with his team and they think it went as well as it could have. and they were pleased at the media coverage of it. it was pulling away and sucking up the debate coverage. today after a debate you have the media dissecting what candidates had to say on stage. of course donald trump was not there. but instead a lot of that attention was on donald trump surrendering. if deposited, even though it's something donald trump did not want to happen. he was frustrated by it, they still see the benefits of that wall to wall coverage focusing on the president, john. >> and what do you think about this? did trump really want to take it? >> he didn't. he definitely -- and i think he made that clear. he did not want to go to georgia yesterday. he did not want his mug shot taken. also from my reporting and speaking to donald trump team, they had actually gained out what they wanted that mug shot to look like. they basically settled on him wanting to afear defiant in it. you can see in that shot he was scowling. that's what donald trump and his team wanted him to portray. but two things can be true at the same time. as much as he didn't want the mug shot, the team recognizes the monetary benefits from it. you see his acts joining twitter from that. he is shot shying away from it as much as he did not want that to happen. >> what's for this weekend. >> he will remain in new york city with his golf club. he doesn't have many scheduled events. his team told me that. they wanted to give him a break after this week. that reflects how deflating that was for the president. in georgia he had to go through things he never did before in the previous indictments, including getting a mug shot at the jail itself. he wanted to clear his schedule, but what his team will be doing is talking about what the next year will look like. we know donald trump's lawyers and the former president himself want to try and push the trials beyond the 2024 election. but i do think increasingly they are recognizing that -- they may not be able to do that, especially with the mounting legal battles he is facing and the four indictments. there is a chance he will have to have a trial within the primary election season, as it is opposed. >> a campaign has never had to deal with this before. thank you so much. more on the mug shot itself and the photo gallery, tom foreman has ma snapshot. >> reporter: hardened criminal criminals, wandering celebrities and now this one. for many a mug shot is a step toward the penitentiary. donald trump hopes his will lead back to the presidency. >> what has taken place here is a travesty of justice. i have done nothing wrong. >> join the caucuses tomorrow night and let's change america today. thank you. >> reporter: he is not the first politician snap that way. former senate and former candidate john edwards was charged, but not convicted of scheming to violate campaign finance laws to hide an affair. former texas congressman tom delay was convicted of money laundering and conspiracy and then the conviction was overturned. lone star stalt's former governor rick perry was charged with abusing his power and after the defense, he made the trumpian move to use his mug shot to gain money. >> coming down the free segway. >> reporter: and not all politics. almost 30 years ago that white bronco chase led to this snapshot of o.j. simpson, and darkening and making him look more sinister. and oj. >> a smiling robert downie, jr., a young lindsey lohan and bill gates before he was a millionaire. then there are mug shots that have truly become iconic. notably civil rights leaders from martin luther king, jr., to john lewis, taken into custody for standing up the case of rosa parks, sitting down for their rights. >> reporter: the modern mug shot shot began in the late 1800s. a better way to keep track of criminals. millions have been taken, but never before of a former u.s. president, let alone one that wants to be president again. >> yeah, history. tom foreman. thank you so much. just ahead, flowers from supporters inside russia days after his apparent death. we are going to have their reaction. plus the investigation of a plane crash that appears to have claimed his life, matthew chance is in st. petersburg tonight, home of wagner headquarters. he joins us next. our ears connect us to the moments that matter. give them the nutrients they need with lipo. it's formulated with ingredients clinically shown to protect your ears from dizziness, ear ringing, and even hearing loss. never miss a moment with lipo flavonoid. i may be known for my legendary football career, but truth is, i love a bunch of sports. the only trouble is knowing where to find them. that's why i got xfinity. so, i can easily find and watch whatever sport i'm into all in one place without missing a thing. even if it's football, australian football, or football football. in a word—it's fitz-credible. i got to trademark that one. this season, eligible xfinity rewards members can get up to $100 off nfl sunday ticket from youtube. sign up for xfinity rewards now. . russian authorities say they now have the flight recorders from the mraep that crashed killing wagner. the ministry says "it is highly likely he was aboard and is dead." that follows a former assessment from the pentagon. that is days after the aircraft fell from the spy. there is no indication a missile hit the plane, but they are evaluating others like an on board explosion that may have caused the crash. in a report only on cnn, matthew chance has made his way to st. petersburg in russia, home of wagner headquarters, those that supported donald trump's win-time ally. >> reporter: shocked, if not surprised, supporters of russia's wagner mercenary are paying their respects, laying flowers and lighting candles, makeshift memorials across the country. for all his violent and foul mouthed outbursts often critical of russia's military leadership, it struck a cord. especially with people like daria here in st. petersburg who told me how strong and interesting she found his personality. >> you wasted up for fight he said in the military operation, what russia calls the conflict in ukraine. >> are you sad that he is gone? >> i may be sad they were so vile to him, she answers. it's a bitterness many russians now share. this photograph here i think probably one of the last ones, it says in russian in this hell he was the best, speaking about him in the past tense. some people have laid patches, wagner mercenary patches from their uniforms because many paying respect are officers of wagner or family of members of wagner. the organization's known for its cruelty, and this hammer here, very heavy, pick it up. it has got wagner written on it. look, it haas become a potent symbol of just how ruthless wagner was because it was like a tool like this that they executed someone they regarded as a traitor and filmed it happening. absolutely gruesome. but that sol dated his image as a ruthless hyper violent organization that would do anything to protect the moreland. staged that dramatic in june, the biggest challenge to kremlin identify in decades. many russians suspect his presumed death in this plane crash was cold-hearted revenge, but the kremlin denies involvement. few russians say otherwise, at least publicly. >> some of my closest friends are wagner, says this man, lasted to hide his identity at tt memorial. they are just russian people he tells me that thought they were doing the right thing, but can't talk for him. >> who do you think is responsible for his death? who killed him? >> no comment. >> these are dangerous times in russia, to throw allegations around. >> amazing. matthew chance joins us from st. petersburg. putin did comment on the death yesterday. what are they saying today about the investigation? >> yeah, yesterday putin asked the country to, you know, not hold back judgment essentially until the outcome of that investigation. but today investigators say they have recovered the black boxes from the aircraft and breya legacy 600 that plunged to the ground with believe prigozhin and nine other people. they have take p the human remains already, 10 bodies they have recovered and they are doing dna tests to try to confirm positively exactly the identities of those on board so soon we should get confirmation it was prigozhin on that plane and he is dead. it is an odd situation to be in. >> matthew, how is the media in russia covering this? >> reporter: well, i mean, they covered the crash, obviously, and they have covered the things that president putin has said and the investigators having recovered the black boxes and things like that, but what is really striking is all the things you saw me report on from earlier today, the memorials across the country, not just one in st. petersburg, but several of them in moscow and all sorts of places around russia with hundreds of people around the country turning tow to they their respects. that's not going to mention, certainly in the state media and newspapers that have been coming out over the past several hours as well, they haven't looked at it as well. so it feels like certainly when it comes to the state media, they are reluctant to report on the public sympathy for this man, prigozhin, the leader. it is so sensitive right now. the country feels like it's on sort of a knife edge. i think people are very shocked, as i said, shocked, but also surprised that this air crash took place. even though the kremlin denies categorically it had anything to do with it, people do still have deep suspicions. >> matthew chance, it is remarkable reporting you are delivering. great having you there. stay safe. thank you very much. i'm joined now by cnn military analyst retired general clark, allied commander and senior fellow at the burkle center. obviously they filmed sledge hammer executions. he led this revolt, this march on moscow, yet now there are the memorials popping up in several russian cities. what's the take away here? >> it's a different culture, john. that's the basic thing. when we look at russia and look at putin, we see them through our own eyes and background and we want to believe everybody is the same and sees things the same. but russia has a different culture. they have a culture of sacrifice and a legacy of brutality. they were overrun by themonguls. ivan the terrible was brutal, murder. the surfs were only freed in russia in 1862. before that the nobles owned the people that the land -- and the land was given by the czar. and all of this is part of the russian character. so after being invaded by napoleon, invaded by hitler, death, sacrifice, brutality in service of the state, yes, and in russian culture, the state is all powerful. it's what protects russia in a way that americans don't have any real appreciation for. so for putin, prigozhin was used. useful in holding the war together in the east. maybe he reacted with a spasm of anger going on his march to moscow. maybe it was a setup designed to smoke out people who were of dubious loyalty and maybe putin afterwards decided he could use him for a while in bellaruse and then putin saw him, but it was the character, the ruthlessness, relentless drive and success of vladimir putin. >> i think the question for perhaps the united states and ukraine is what impact, if any, you think this incident will have on the war there. >> reporter:. >> i think we have to be careful of wishful thinking. as we see it, hey, there is a shakeup and putin is weak and so forth. but in reality, this may make putin stronger. he has surfaced people who were potentially disloyal. we don't know if they were or not, the generals that were fired. he has gotten rid of a rival. he has shown he is an iron leader. he is not afraid to use force. he is not afraid to kill in support of the russian state. and despite the outpouring of grief that we saw in st. petersburg, yeah, there are people who will feel that way. but if we went back to those people and asked about the war, about putin's leadership, we might find some surprising answers. they might say "well, putin is protecting us. he's doing what is necessary. this is what a russian president must do." it's a different culture. so let's not get ahead of ourselves and think this means russia is crumbling. putin is in this for the long term. in war simple things are difficult, and so there are a lot of difficulty that is we always point out with the russians. we don't always see the difficulties that the ukrainians have because they are very careful to prevent us from publicizing it. it's a tough fight. i think ukraine is going to come on top if we support. but this is a war unlike anything that the american military has experienced recently and unlike anything the american public understands. >> look, it's important perspective. thank you so much, general wesley clark, thank you for being on tonight. and the primary debate, john king continues his all over the map series to see if it swayed the minds of voters that he recently met in iowa. ♪ tourists tourists that turn into scientists. tourist taking photos that are analyzed by ai. so researchers can help life underwater flourish. ♪ rsv is in for a surprise. meet arexvy. 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(farmers mnemonic) . a little over a month from now several 2024 republican hopefuls will take part in a second primary debate. and all over the map, john king met with some iowa voters last week. this time seeing where they stand following the first debate. >> it is debate night and in iowa popcorn is the snack of choice. betsy sarcone is thrilled to watch with her parents and thrilled donald trump decided to boycott and leave the stage to others. >> i think in the past felt like the schoolyard bully calling his friends names and i'm not interested in that. >> she is a mother and two-time trump voter moving on. governor desantis was her favorite when we met several weeks ago and when she tuned in tonight. >> my personal best was nikki haley. she had different topics where i said, wow, i agreed with everything she said right there. she also came across as not nasty, but knowledgeable. there is a difference. >> typical presidential ip install. >> chris owns an energy company and is a strong trump supporter and had this to say about the former governor. >> i'm not a nikki haley fan. i just never connected to her. >> reporter: mud is still trump. but texting nikki haley made good use of her time. he liked her style. >> treat like the special issue it is. >> nickie helped herself. so it was one take away from the iowa group. another is entrepreneur stirs a trump-like divide. >> president trump was the best president of the 21st century. >> i'm for the usa trump does that. not to forsythe. this is earlier in the month after forsythe attended an event. >> he has energy. he is young. i really liked him. >> reporter: post debate this, he is just not grown up enough to be president. he is trying to be trump. her parents also unimpressed. >> i think probably went down because of the abrasiveness. >> reporter: but what is toxic in the suburbs is often tonic to others in today's gop. >> trump people might have found that attractive, so he might pull some of that crowd. who knows. >> reporter: trump is way ahead and that won't change if the anti-trump vote is sprinkled across this debate stage. >> our country is in decline. >> his statement was powerful when he said the country is in a downward spiral. desantis has been elevated for me. >> reporter: that's a shift from a few weeks ago. >> just a lot of eh around him. is that a technical term? >> reporter: how these shake out matters. so even if there was a new favorite after debate number one. >> desantis haley ticket or haley desan tes. >> the shopping will continue and for many math over policy will be the final choice. >> my chance is she would win. she personally is my favorite candidate right now, but desantis, you know, at this point looks more viable. >> pass the popcorn. the second debate is in a month. >> it's so interesting to hear that thinking. john king reporting. just ahead as millions of students kick off the new school year, 360's gary went to nashville to attend an active shooting training for teachers. his report is next. 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[ gun shots ] >> this is the instructor who wants people to know that gunshots do not always sound like gunshots. they sound like -- >> someone working on construction or project. >> the trainer is brett adler. >> the saying is attributed to benjamin franklin. if you failed to plan, you plan to fail. >> training that comes from a devastating and upsetting perspective. he trained the teachers and taff here before student murdered three students and three school employees. the police department believes the training the staff received save lives. the shooter never got into a classroom. he knew some of the victims and was friends with the headmaster, who was killed. >> she is a lead from the front person. she did it right. unfortunately, it cost her her life. if you have a chance to ask her, would she do it again, i am sure she would say yes. >> the first thing they need to do if it is not safe to leave is make sure the door is locked. get windows and doors covered. get the kids out of the line of fire. >> reporter: he says the shooter fired through locked doors, but nobody inside was hurt. the children were out of the line of fire. other important lessons? be vigilant about visitors carrying backpacks. >> the amount of crap you can fit in a backpack is alarming. the first one being this guy. >> reporter: also in this relatively small backpack, fiddler has a bunch of additional magazines and three block pistols. the training emphasizes not being a sitting duck if a shooter is about to enter classroom door. >> when i go to step in the door , she has a clamp that looks like that. see how she grabbed it, top and bottom? what does she know i'm getting ready to do? what we want her to do is use that to her advantage. as soon as i relax, she is going to drive straight up. you get under the gun. who thinks i can pull this gun down into a on the head? does anybody think i can do that? you can't do it. why not? what is under the gun? all of her. >> reporter: and then there is medical training. if there are no medical personnel around, the trainer siskel employees should know how to properly use a tourniquet. >> we are not counting the amount of time. all right? >> reporter: this after his shooter training after almost 5 hours. what you think about the instruction? >> doing it makes a lot of sense. >> reporter: you have seen, the training is intense. the trainer knows what he teaches is a sad sign of the signs. >> it's terrible. i'm also glad to do it, oddly enough, because i want to help people in those situations. >> the security industry is a $3.1 billion industry in this country. it is going up every year. today, he is with his trainers teaching teachers and administrators this program in minnesota. he says he has had this company for six years, and he has never been busier than he is today. >> so smart and so practical, but so chilling. we will be right back. ...in real time. 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