this week and i hope you will join me for cnn heroes and all-star tribute. the gala air is live here on cnn sunday night. we will be honoring 10 extraordinary people put who put others first. one of them will be named the cnn hero of the year. get ready to be inspired. take a look at the work >> sunday on cnn. >> we provide bilingual education for migrant and refugee children at the us and mexico border. >> extraordinary people making a difference in the world. >> we are rebuilding here in the florida keys. >> we show that people and donna have assisted healthcare. >> i see a need and the person who cares for them dearly. trauma can be a pathway for growth. >> we installed child from the reading space in the barbershop. >> we are connected because of the shared experience of having an incarcerated parent. >> there should be no homeless people. >> i don't want to be defined as a victim of my circumstances. >> i do want to make sure that they get the attention and love that they deserve. >> cnn heroes. and all-star tribute sunday at 8:00 p.m. eastern on cnn. >> it's a really perspinspirin show. tonight's straight from the source. hunter biting his claiming that republicans are trying to kill him and destroy a presidency after the indictment. other presidents son plans to fight back against my new charges and his lawyers are here with us tonight. donald trump better watch what he says and who it attacks including potential witnesses after a federal gag order is reinstated. >> it is just happened again in another red state with a total abortion ban with the woman terminating her pregnancy at eight weeks. >> this is the source. good evening caitlin will be back with you on monday. tonight president biden is not dodging product questions on the nine new charges against his son hunter. they say mr. biden loves his son and supports him as he continues to rebuild his life. ask hunters lashing out today after the second indictment in three months. >> they are trying to in their most legitimate way but rational way. they are trying to destroy a presidency. it's not about me. their most basic way what they are trying to do is kill me. knowing that there will be a pain greater than my father that could be able to handle. >> republicans have been relentless of their pursuit of hunter through their own investigations but this indictment didn't come fromthe gop . it came from president biden's own justice department.the younger biden stands accused of engaging in a four-year scheme of $4.1 million on taxes and income and lavishing lifestyle of drugs and escorts shut spending $700,000 to payments to various women and nearly 200,000 dollars in adult education in 2016 and 2019. if the charges are in addition to the ones filed in delaware. how does the team plan to fight this?let's get straight to the source with hunter biden's own attorney abby level. >> thank you for being here. >> thank you for having me. >> and then going back to the plea agreement and the statement of facts. didn't your client that met in open court to not paying the same amount of taxes for these exact years? >> in the plea agreement that was negotiated filed back in june. what hunter was willing to do was to admit that millions of americans did not pay his taxes on time. that was the only amount of the delay. not what happened today. >> let me pull this perspective. let me show you on june 20 the us attorney in delaware thought after a five-year painstaking investigation that the appropriate resolution was to file two misdemeanor late payment charges and a piece of paper that was barely two pages long. yesterday that same us attorney has now done a 56 page nine count indictment. no facts have changed from the years that he's been investigating. the law has not changed. what people need to stop and ask is why was is care in june of this is what he's doing now. the only changes the enormous pressure by members of congres , former president trump in order to demand that something happened about hunter biden. that's what's different between then and yesterday.>> it's fair to make a point of the gap between the misdemeanor charges in the felony charges in the indictment but as you know and i've done countless plea deals. if a defendant please guilty the point is to get leniency as i'm sure you know. this fell through. do lawyers for hunter biting take any responsibility for not putting in writing in that plea deal that he would get immunity for any other charges moving because that was one of the big sticking points of why this fell through. >> if you look back to five months ago when this happened the plane mostly falls on the part of the prosecutors.it was their desired and their structure and when the judge asked questions rather than defending what they bring to the root away from it. let's put in perspective what happened yesterday. where's the fairness, justice and decency in this? the charges in this new indictment talk about it. her hunter was at the lowest part of his addiction. people in that regard and i know everyone in america has someone in their family that suffers from addiction, they certainly did things that he's not proud of. he paid the taxes that are owed in this indictment. more than two years ago with interest and penalties. nobody in that position would be charged the way he was yesterday. >> the plea agreement that he agreed to does talk about the fact that in that four-year period he made millions of dollars and was doing business deals. he had several clients he was representing so he was able to do that why shouldn't he also like every other american pay his taxes on time and in that plea deal i want to read it said the time is 2018 tax payment was due biden continue to have substantial income and the ability to pay his tax liability. he spent the entire sum on personal expenses including large cash withdrawals, payments to or on behalf of his children, credit card balances and credit card payments for his porsche. he admitted in court. >> this was a piece of paper that didn't get filed because the prosecutor walked away from the deal.i want to point out again looking at we just read from every year millions of americans are late in their taxes. the responsibility was willing to say i did that. the most important part of what you are not saying you what happened yesterday is that when he became silverwood of the first think he's dead was paid his taxes, pay the penalties and interest in the most important thing is when people are in his position and you want to talk about what he did and every other american when you say pay on time when the irs says he made a mistake do you know what they do? they audit you. they talk to you. they ask you questions. what if the government do in this case? they charged him in a 56 page nine count indictment with no notice and no warning. that's what's different. you, me and the people you are saying would have been treated differently and there is a very easy explanation. i want to go back to the basics. what happened in between? >> it's fair to make that point that this is politically motivated as his defense attorney look at this and look at that. he got sober and paid it. in the plea deal the statement of facts talks about in may of 2019 he got sober but past the deadline in november he started to pay it back. the government alleges he's filed false returns admit of deductions that were inaccurate. you're talking what the average american. what about the more than 2600 cases for similar crimes brought last year. the tax case was treated like a criminal matter for lesson $1.4 million. >> i can tell you this. we have presented to the us to turn attorney the statistics that you are looking at. more importantly we went through the cases. i can tell you that in the district of delaware a person who has filed late, paid when it was then paid in full with interest and had no other issues about the, made mistakes that went to his advantage and his disadvantage, that same tax return that they are saying is deductions that shouldn't of been has income that he should not have claimed as income. when that happens i'm telling you the result of the tax division is not to bring a standalone misdemeanor lend alone misdemeanor counts but what they did yesterday. it is usually results in a simple fashion. it's the point out an example that there is a partner in a law firm in washington dc who didn't pay $7.8 million and never filed. what matters is what david weiss.on june 20. on june 20 they thought a two misdemeanor late payment was a way to resolve this case. >> for a guilty plea we should know which is often a plea deal gets to leniency. x is important. already pay their taxes two years later but it just wouldn't happen. >> reading through the indictment relies a lot of his memoir and i'm wondering if you standby everything or if you will argue. >> it's throughout the indictment and talks about how he's addicted. >> how he spent money lavishly. how he made the most unwise decisions about how he spent his money. his addiction and the escorts. >> and how instead of paying taxes and spending millions of dollars on personal. >> and talking from a legal perspective are you in front of the judge to argue about his addiction? many people have addictions and they don't get off the hook because of that addiction. >> they do millions of dollars those four years are you saying he was addicted and hiding out of his mind for four years straight? and can pays taxes?>> in the period of time of this indictment he was at the worst part of his addiction. the priorities he made between spending money lavishly and getting his taxes paid on time is a mistake that he is admitted. i'm telling you it's the result of those mistakes? the result of those mistakes in every other circumstance would not be a 56 page nine count indictment. that's the bottom line. treating people the same to matter what their name is is key. i don't want to harp on it but i want you and your colleagues and people who think something bad happened that should be addressed at the us attorney into the question. i was to misdemeanors with the possibility of no jail and a plague agreement the right result in june and wire nine counts about the same event what he did yesterday? tell me what happened in between. that's the difference. >> you mentioned, and i want to get to him. let's listen to what he said today in the wake of the site is indictment. >> my concern is it indicted hunter biden to protect. >> will hunter biden complain with his to subpoena to comply? >> should special counsel used to be the us attorney. it helps protect hunter biden in some fashion or another. it's almost as ridiculous coming out of his mouth as it is for me to repeat it. if somehow they did this to protect the us attorney i'd agree with the chairman. he is doing this because he took unbearable pressure and criticism in june when we get the deal he reneged and now he's going to show over and over again that he is not going to make another mistake that subjects him to that kind of political pressure. if that's what chairman, means i might agree with him. >> lawyers also defend their clients and put everything in writing. >> we use the word reneged and i want to be clear that the entity that reneged on the deal the next day or the next week was a prosecutor who literally communicated it and set the deal is off. not that it was tweaked to deal with the judge's questions but it was off. >> let me quickly follow up on the question about will he show up for the congressional position on december 13. see her making the argument that this is a political persecution that it's unfair for hunter biden your client because of his last name. should he apply for a pardon? >> you remotely believe that's not in what we are talking about. when we say political pressure to put a finer point on it in the district of delaware and most places no person has ever been charged with the gun charges that hunter was charged with unless it was part of a crime, multiple guns, felony record and it never happened. nobody that did what hunter did with the issues he had at the time and paid his taxes two years ago and was part of this arrangement with the government has ever gone from 1 and a half pages of a misdemeanor to nine counts and 56 pages including felonies. it just did not happen. x in other cases were an american didn't pay taxes and it was treated as a commit criminal matter. >> i will come back after you give me your case and i will show you how the cases should be compared will be showing how the person is being compared seriously. >> thank you so much i appreciate it. the second gag order is back on donald trump with some tweaks. what he says has real-world consequences. israel is finally talking more about those masses of men detained and stripped down to their underwear in gaza. where have they been taken? we talk to someoeone that sasay his sbrotheher was amonong them. tonight donald trump once again told us he has to watch what comes out of his mouth. and out of his keyboard. this ruling in a federal case involving his attempt to overturn the election. in the end he can't talk about witnesses, the prosecutors or their family members. when change he can still back milk the special counsel as well as criticize president biden and the department of justice. it poses a significant and imminent threat to the functioning of the criminal trial process in this case. here to help us what this means is former presiprosecutor shann will. what you take of this when you say trump can't say what he wants to say about people outside of court. >> he should be able to say anything that he wants. they are making a really good faith effort to try to balance the constitutional issue. i think there's too much controversy directed on the constitutional issue because this is not really a case of his first amendment right of speech. talk about his conduct outside the courtroom. the fact that he is being told that he can't insult or intimidate people. that's normal to control a cas . to me he doesn't get extra first amendment rights just because he's running for president. ask the court notes that he's running for office but it's an indicted criminal defendant any muster stand trial with other defendants. that's what the rule of law means. is donald trump being treated like other defendants? >> absolutely not.there are so many people who will be in jail for this behavior. it's not really a traditional gag order. nobody gets us anything. in that shooting case the parents are under the order and they could come to that sentencing hearing. that would be called for because of how volatile issue is. the courts have bent over backwards to make sure he gets to speak. but the circuit i don't understand even the carveout logically for him to attack smith. that's political but if you say anything to witness or staff for the court that's not clinical it's two final lines. if they really want to treat him like everyone else quit talking about the days. >> the judges argue that he is a top government official and he is that they are aligned with the institution on doj. let's look at monday. donald trump is expected to testify in this case in new york. last time things went up the rails. his own lawyers telling him not to testify and in that case what are the pitfalls for them to enjoy? >> it's primarily that he's not direct. it's tough for everyone to be cross-examined. with his lack of discipline it's going to be very poorly. his lawyer's remark about not testify does not make any sense. he don't incriminate yourself. >> is testifying because it's a civil trial and you can join an adverse inference from it. he really wants to have a platform to speak this way and it's in with his political strategy. >> thank you very much for your insight. it was a landmark victory. a 20 week pregnant women whose child would certainly die. students have the right of abortion in her state is getting that ruling overturned. plus there is a new case in my home s state of kekentucky. we will didiscuss it afterer th brbreak. > the power goes out, and we still have wifi to do our homework. and that's a good thing? great in my book. who are you? no power? no problem. introducing storm-ready wifi. now you can stay reliably connected through power outages with unlimited cellular data and up to 4 hours of battery back-up. plus, now through december 31st, eligible xfinity rewards members can get 25% off a storm ready wifi device. antiabortion laws. the attorney general impacts and is axing the supreme court to intervene. her unborn baby certainly would not survive outside the womb. paxton is also threatening the women's doctor saying that if the court ordered abortion is performed the doctor could still face major civil and criminal penalties.yet, another case tonight. this time an anonymous woman in kentucky filed an emergency class action lawsuit asking the judge to allow her to terminate her pregnancy as well. joining us now is bridget the lead attorney in the kentucky's jane doe case. she is also the deputy director of the aclu's reproductive freedom project. thank you so much for coming on.at first, can you tell us about where this case stands right now? >> thank you for having me. today the aclu sued kentucky on behalf of jane doe in a class of pregnant kentucky civilians who are prevented prohibited for ending their pregnancy. we filed a motion for class certification and a motion to proceed under a synonym and that's what we've done so far today. >> how much is viability of the fetus a factor here? >> obviously in the texas case of limited saying my baby wouldn't survive outside the womb i want an abortion. how much is that central to this case? >> the only details we are sharing is that she has a resident of kentucky, she's eight weeks pregnant and seeking an abortion. that's really it because we need to protect her privacy az can imagine. that's what we can say about this particular woman. she is angry that she is forced to continue this pregnancy and not be able to terminate in kentucky. the kentucky ban on abortion has hurt countless people prohibiting them from accessing central healthcare.>> was your case in kentucky filed in response to the issue yesterday? >> it was actually the timing of a coincidence. we brought this case 10 months after the kentucky supreme court held in a prior case that we brought on behalf of healthcare providers. if they couldn't raise the constitutional rights of their patients that was a huge departure from 50 years of precedents from any other courts. the supreme court did say that patients could raise their rights and so they said we can come back to court with the patient. we've been looking for 10 months for someone who is brave enough to bring this case and we finally found jane that was willing to sue alongside us. >> the attorney general paxton gave the texas women's doctor that if that doctor performs a court order procedure there could be some serious legal ramifications. what you think about that? can the doctor really face legal ramifications? >> it is outrageous what can paxton is doing and i defer to the litigation attorney for the rights. i think it's absolutely outrageous that an officer of the court and the attorney general would defy a court order and ignore the rule of law. scroll to the women involved as well. >> you see these cases as they attest for other legal action and more states that have these restricted abortion laws? is this just the beginning? >> we and other organizations have a number of lawsuits challenging dance and restrictions. those kids take different forms. these cases on behalf of individual women in class action is something we see before roe versus wade was overturned and perhaps we will continue to see more of it as well. >> thank you so much. >> thank y