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an extraordinary case. that's tonight, on news night. ♪ ♪ ♪ good evening, i'm abby philip in new york. tonight, the special counsel -- big on the supreme court. how big of a bet? well, every single check and balance on all presidents might be at stake. jack smith is wagering that the justices will side with him. he is wagering that the high court will see the wisdom in answering this question sooner rather than later, is donald trump immune from prosecution? now, the special counsel rights like he's running out of time, and in a way, he is. the normal appeals process would give no guarantee that the high court would consider the immunity question before next november. now that is, i don't have to remind you, when america chooses its next president. how the court rules may reshape democracy as we know it. the justices have never said yes or no that a criminal can be criminally prosecuted for crimes they perpetrated while president, a ruling that the constitution does not offer a get out of jail free card would put trump in a media election altering legal peril. but a ruling that the constitution puts a legal bubble around presidents would make trump and anyone that follows him in the oval office truly above the law. joining me in moments are two of trump's former lawyers. but first -- joining me now is democratic congresswoman zoe lofgren. she's a member of the house january 6th committee, and she also worked for congressman john edwards in 1974 when president nixon was facing impeachment. congresswoman lofgren, thank you very much for joining us tonight. i want to start by just asking, are you concerned about this precedent that could be made from the supreme court for future presidents if they decide against special counsel jack smith? >> well, that would be extraordinary. and really, the president's u.s. versus nixon. i was actually on the staff and in washington when that case was decided, and the decision was that the president doesn't have absolute immunity. and in that case, of course, nixon was required to hand over the tapes and then, of course, resigned shortly thereafter. you know, this court has occasionally strayed from precedent, but it would be really shocking if they did so in this case. >> ginni thomas, the wife of supreme court justice clarence thomas, was involved in efforts to overturn the 2020 election. and you think justin -- justice thomas should recuse himself in this case? >> well, i do. thinking back to u.s. versus nixon, justice ryan quickest excused himself merely because he had worked in the department of justice and he knew some of the individuals who were the subject of the inquiry. obviously, there is a lot of public, well, mrs. thomas came before the january 6th committee, we had her texts and showed her involvement with some of the principles that were being prosecuted. i think it would be prudent for the justice to recuse, just -- judge rehnquist did those many years ago in 1974. >> and tonight also, cnn is reporting the special counsel smith might try to use data from electronic devices to show jurors when trump was using twitter on january 6th. and you believe that there is electronic data that, for example, the house january 6th committee was not able to get, that the special counsel might have access to, and that could be important in this case? >> well, i don't know. because as you just mentioned, we are not able to get some of that information. however, i think based on public reporting, it does appear that there was >> reporter: -- delivered to the doj and it may be revealing. we will see, one thing that we do know is the then president did nothing to stop the riot. in fact, it was furthering his ghouls, which is to use big island -- to use violence to overturn the election. and the fact that he did nothing for so long while calling individuals during the riot, trying to get them to continue, this may buttress that. but we will see when the trial commences. >> yeah, we will indeed. congresswoman zoe lofgren, thank you very much. >> any time. now i want to bring in two former donald trump attorneys, jim parlatore and -- schultz. tim, i want to start with you. if you are jack smith, would you have done this? >> really, there's no downside to him doing it, right? there is a nuance here. so the nixon case didn't decide whether the president had absolute immunity or not. but what it did do was show that in eight weeks from the time that the -- judgment was filed until the time the supreme court ruled with eight weeks. and the supreme court is no stranger to that, because that's what they did back fans. they ruled at that point in time on eight weeks in that case. so there's really no downside for jack smith taking on this matter and aggressively pursuing it. so in that regard, no, i would've done the same thing. >> and tim, do you think the court grants this request ultimately? is this something that is both in the interests of the special counsel and the former president? i think we are having some trouble with tim. so jim, i will put that question to you, do you think the court ultimately grants this request? >> so look, the court -- jacks mitt is asking for two things. one, he's asking to skip a step. he's asking to skip the intermediate appeals court, which is the d.c. court of appeals, and then go on to the supreme court without hearing that, without having that intermediate appeal. and that is certainly an extraordinary measure. it doesn't happen all the time, but like i said, back in nixon, it did happen, and it only took eight weeks. so i think this court is going to take careful judgment on that. i'm not sure whether he's successful or not. it all depends on whether this court really wants to hear from the d.c. circuit. the d.c. circuit is filled with supreme court justices in waiting. a lot of the supreme court justices, you know, over the years have come from the d.c. circuit court. they may want to respect that process. but in the end, i think a compelling argument can be made here for the speedy trial provisions and in the public interest to get this thing over with. either he has immunity or he doesn't, and the supreme court is going to have a ruling on it either way. so i think that's really what's want to drive their decision-maker. >> yeah, and of course, this is a court, the supreme court, that president trump put three of these justices on the bench. at the same time, it's also a court that has consistently ruled against him in some of these cases related to january 6th. so, is this something that you can really make bets on, or is this really going to come down to the actual arguments here that are presented to the justices? >> look, i think they really have to take a hard look at the public interest argument. i don't put a lot of stock in the fact that they were appointed by president trump when he was president, the fact that three them were appointed by him. i don't put a whole heck of a lot of stock in that. i think they're gonna look at this case and make a decision based on the publics interest. and that speedy trial provision is certainly in the public interest. and quite frankly, it's gonna be fairly difficult for president trump to make the argument, hey, we want to delay all of this, by the same time were saying, hey, all these cases are killing me. wouldn't he want to get them over with as well? >> if or when the high court eventually gets this case, what do you think is the most effective argument that trump's lawyers have for immunity? >> look, they're trying to take a civil -- what is typically a civil -- on amini that's afforded to a president in the civil context, meaning that things that are close to the decisions that he makes that our -- perimeter of his official duties. in the civil context, he would be immune from suit. they're trying to apply that in a criminal context. and i think that's going to be very difficult hurdle for them to climb over. >> what happens then if the supreme court rules in favor of trump? what does this mean going forward? to all these election related cases against him go away? >> yeah, they do, they do. if the supreme court rules in trump's favor, that means he's immune from prosecution in the jan sixth case. i don't think that apply to the documents case, because, you know, that obviously happened after he was in office. that pertains to documents that he retained after he was in office, that he continued to retain. i don't think it impacts that documents case. but it certainly has -- is going to impact the cases, the federal case brought against him in the, you know, in the case that involves the efforts to defraud the united states government, as alleged by jack smith. >> do you think would have any impact at all on any other people who are caught up in january 6th related activities, any other defendants if trump is ultimately ruled to be immune, they are not immune, but he is? >> well, i think that really is the presidential -- these are presidential immunities that he is claiming. so i don't know if it is going to have much impact on anyone surrounding him. but certainly, the person that thereafter in this case is donald trump. and if that case goes away, the rest of them likely trouble as well. >> mm. jim schultz, thank you so much for joining us tonight. and next, carl bernstein is standing by for us. why he says this move will have extraordinary consequences. plus, more breaking news in that case that is captivating the nation. the texas supreme court rules against a woman looking to have an abortion under the state medical emergency exception. so now that she's traveling out of the state to get one, what does it mean for her back home? tonight, the monumental development on whether donald trump, or any future president, for that matter, it will have to face accountability for alleged federal crimes committed while in office. special counsel jack smith and his team are pointing to a similar move that was employed in the u.s. versus nixon case where the justices rejected that president nixon's claims that he is protected by presidential privilege. joining me now is carl bernstein, he, of course, with bomb bob woodward well wrote the watergate scandal and knows a lot about that saga. bob, what do you know, carl, sorry -- carl, what do you think happens for this country if this court, which we all know is conservative leaning, which we all know donald trump appointed three justices on, what happens if they does have immunity? what president putin said? >> it sets the precedent that the president of the united states is above the law. the odds of that happening, given the nixon precedent, are somewhat dim. you would have to assume that this court, which actually has been quite unhappy and this is for us in some instances with the way that donald trump has railed against the judiciary, decided against him, ordered him to turn over. his tax returns have not been very favorable to him. i think that we can, perhaps, expect that this is going to be a judicial consideration based on the justices on the reading of the law and precedent. maybe an exception might be clarence thomas who probably ought to recuse himself, but probably won't. we don't know what is going to happen. if, indeed, trump is upheld in maintaining that he is above the law and executive privilege holds in this instance, he's not subject the same laws and procedures as other citizens of the united states, then of course some of these cases are going to go away. but not only will some of the cases go away, but majesty of nixon versus the united states will disappear. >> reporter: what about if the other thing happens. if he is not found to be immune, he is running for president of the united states. there is potentially going to be a trial in the spring on this matter. what would that signal about how this next election will go for trump? >> i think we need to step back and let's look at the wide view. we are in in extraordinary moment in american history in which this former president of the eight states, an accused criminal, is the subject of so much of our cultural debate, of our political debate, of our debate on almost everything having to do with politics in this country, with culture. and we never quite seen it phenomenon like donald trump. now we find him engaged with the highest court in the land. he is already engaged with congress, so we have a situation in which we have a country that is fixated, and the media, and social media, which is a fixated on donald trump to an extent that no former president, even nixon, as ever been the subject of. so we have to look at a phenomenon that we do not know what this means for this country. what we know is that this accused criminal, this former president of the united states who is accused of really sedition, the first american president to be accused of sedition, to undermine the very electoral system that he was sworn to uphold, that he could become the next president of the united states. this is a moment unlike anything. let me talk about richard nixon for one second. richard nixon was also an ex president who dominated his time as an ex president, gerald ford's presidency was held hostage to some extent by the whole issue of him pardoning nixon. so we have a precedent where an ex president takes the attention of the nation away from all of the things. >> reporter: it strikes me that this is a case that, if there is going to be a case that weighs whether a former president should be held accountable criminally, it is on this matter. it is on a question of if that president sought to overturn a free and fair election. this is unlike i think the nixon case, this is at the heart of american democracy in some ways. actually, speaking of that, just over the weekend i am sure that you have heard from, repeatedly over the last few days, talked, i guess you could say joking, wanting to be a dictator for a day. but he doubled down over the weekend, take a listen. >> i said i want to be a dictator for one day, but the new york times said, and you know why i wanted to be a dictator? because i want a wall, right? i want a wall, and i want to drill, drill, drill. >> we know that donald trump's authoritarian. there is nothing new about this and that's one of the issues in this coming election. does the united states want an authoritarian president of the united states as such as we have never had in our history with a possible exception of donald trump? >> reporter: i should say he claims that he is joking, but, to your point, this is something that trump flirts with quite a lot. >> i think it's more than a flotation. i think we have to look at the man, his life, record, going back to when he started in business as a con man that we need to look at his record as president of the united states, let's look at what happened on january 6th, let's look at what happened in the run up to the election, let's look at what happened to many things during his presidency. this is not someone with a great respect for the rule of law or the constitution of the united states. >> reporter: but, at the same time, if you look at the polls, if you're being generous a coin flip whether donald trump becomes president again, if he faces joe biden. the american people could very well choose someone with all of these characteristics, someone facing these criminal charges, someone facing these civil cases as well. this is, potentially, not a case where the democratic process prevents someone like a trump from being in office. >> absolutely. the question of whether in authoritarian can win the presidency of the united states, we have seen evidence that probably it is very fall possible. he won the first time that he ran for president of the united states, if you look at the great issue around the world is becoming the future of democracy. look at the numbers of countries that have moved from democracy to autocracy in the last five, ten, 15 years. not by coup, but by democratic a choice of voters. we indeed could be in that moment in this country. that's one of the great questions. this election is not just about donald trump, this case is not just about donald trump, it is about the people of the united states and what they choose in terms of leadership, of their values, their political values, their moral values, and we don't know the answers to these questions. we're going to find out. we know it is probably going to be a very close election. trump is certainly in amazingly good shape for someone given his record and his deeds and we will see where this case goes and where his campaign goes. >> reporter: and someone facing the really unprecedented legal troubles that he is indeed facing. carl, thank you very much for joining us tonight, as always. breaking tonight, a ruling against the texas woman who is seeking an abortion under the medical emergency exception. the cultural conversation about what this all means for women's next. plus, with ukraine on the brink, president zelenskyy is about to come face to face with u.s. lawmakers with a desperate plea. but, likely to get the cold shoulder. 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(♪♪) (♪♪) the new festive family meal. starting at $24. now celebrating at el pollo loco. ♪ ♪ ♪ new tonight, the texas supreme court reversing a ruling that allowed kate cox to get an emergency abortion hours after she left the state to have the procedure. now, that reversal follows the lower courts ruling last week that cox could get the abortion under texas as medical emergency exception. cox sought the action after learning that her fetus had a genetic condition that was fatal. now, in its ruling, the texas high court called on the state medical board to provide more guidance on that medical emergency provision. it also said that it should be up to doctors, not judges, to decide whether to provide an abortion, but that cox's doctor did not establish or a test that her symptoms or life-threatening. joining me now is erin carmen, a senior correspondent for the new york magazine. erin, this is really disturbing of the case. we have been following it for a while, but always knowing that kate cox's pregnancy, the clock was ticking. her decision to leave the state, what does that signal to you about what really was going through her mind and the decision she had to make about whether to press forward with a legal case that she was trying to make? >> abby we've heard a lot of cases of women being forced into terrible situations by these new laws that were enabled by the overturning of roe v. wade, but what makes kate cox's case unusual is that she was still pregnant going before a judge, they, gang as an adult woman, for an abortion. now, miners have had to do this for quite some time but it is deeply unusual, i think her lawyer said the last time was roe v. wade, for adults have to come before a judge and say i'm fearful for my life, health, and future fertility. her feet is as a condition incompatible with life. it is either going to die inside of her or upon birth, and she would like to tuesday and her pregnancy now for the sake of her life, her baby, and her future fertility. so i think there are 22 other women in texas who have gone before a judge after their pregnancies have already ended in a resolution. whether it is leaving the state to get an abortion or being forced to become septic and ending up in the icu, or, in very narrow cases, finally getting the abortion that they need it in taxes. now, miss cox did something different. she tried to get that abortion under sanction of a judge and they ran out the clock. the first judge that told her she could get an abortion was last thursday. as you know, you mentioned taking time, friday, saturday, sunday, they stopped the order, they delayed it. in the meantime she made the decision that she needs to do its best for herself. she wanted to get care at home, now traveling, adding physical stress to an already very dangerous situation for her. so it is a good thing for her that she decided to leave because the texas supreme court tried to pass the buck, but ultimately said she would not be able to get this care in texas. >> reporter: she's about 20 weeks pregnant, so really every day starts to matter at that point when you really, your opportunity in different locations even becomes more narrow. for women who are looking at all of this happening, i have been so struck talking to women, even in red states, who are not supportive of abortion. it strikes me that this is exactly the scenario that they are worried about. what do you think is happening in the minds of women in the country right now? >> i think what's really important for women to note is that these laws are operating just as the people who wrote them intended. they did not want women light cake cox could begin to get an abortion, they very reluctantly have the most narrow possible exceptions. so for women who have potentially, or any people who have been on the fence about abortion and they think of it as, i wouldn't get an abortion in that situation and i wouldn't get it in that situation. we have learned about an entire spectrum of reproductive experiences because we all know, any of us who have reproductive lives know that these do not fall into simple boxes. life is messy, complicated, unexpected, and especially when a pregnancy is involved. so even to be in the situation where you might imagine i wouldn't get an abortion in this situation, i would in that, so many different people have been caught up in these laws. that is part of the intention. i think it is so interesting that when women and men have had the opportunity in red states to vote on this issue, they have gone against the expectations of what conservative states have wanted because of people like kate cox have spoken out. >> reporter: it is extraordinary to have this conversation in which it is a real life example of where, perhaps, kate cox would have to be on the verge of death to be allowed to have a procedure that would ultimately save her life. a lot of people don't even like to go down that intellectual road for themselves or for people that they love. >> the state of texas would rather torture her, -- at a risk and herself and for sure to give birth to a dying baby on terms that she did not choose than to allow her to get the health care that she needs. she certainly not alone. again, this other case brought by the senate for reproductive rights started out with five women, ended up with 22. the way that kate cox founder lawyers was actually happen to be reading about that case when she got the fatal diagnosis of each. is one of those women became so ill trying to get an emergency abortion that she qualified for, under the extremely narrow provisions of one of these laws, that her arm turned black from blot clotting. we're talking about severe, life-threatening conditions that don't qualify. >> reporter: you're talking about a lot of these referendums that we have seen in red states across the country. this is now the second election that we have seen since roe was overturned, where voters have really spoken on this abortion issue. do you see this continuing as a driving force in american politics going forward? >> we live in a politics of destruction, but it is incredible to me how focused people have been on this issue. i think voters are not stupid. they understand that extreme situations are happening that don't need to happen. even these exceptions, which are far narrower than voters were tended to expect, noticed that there are no or incest exceptions and are these texans exemptions that overlap. certainly not an exception for fetal anomaly. when voters find out what is happening and stays in their mind, one of the reasons is because every day we hear a new story. we knew a new upsetting story. maybe it's somebody that you know or maybe it's you. >> reporter: it could certainly be any woman of childbearing age or someone they know. irin carmon, thank you very much for joining us. president biden is facing more -- polls and the bigger picture of some difficult electoral college math. harry enten is here to break down those numbers, next. (♪♪) (♪♪) (♪♪) get exclusive offers on select new volvo models. contact your volvo retailer to learn more. another set of dismal polls for president biden. this time in the key state of michigan and georgia. in georgia president trails former president trump by five points, and michigan biden is behind trump by washington voice. the more people say that they are undecided there. it is all adding up to some difficult electoral college math for president biden. here with me, with more on this at the magic wall, is cnn senior data reporter harry enten. harry, so georgia and michigan, how critical is it, really, that biden win the states? >> reporter: okay, i went back to history of books, abby, because i like doing that. >> the history of books? >> the history books, that's right. i have a lot of free time. democrats have won the presidency without winning michigan or georgia. abby, they have done it zero times since 1828. they have to win one of those. of course, 1828 when the democratic party was founded. margaret van buren, andrew jackson, et cetera. look, these are into different parts of the country, they have very different demographics, right? one has a lot of white working class voters and georgia, of course, a lot of college educated voters along the suburbs of atlanta and black voters as well. two very diverse states. you have to win one of them if you're a democrat in the fact that joe biden is trailing in both, historically speaking, there is not a roadmap for wind presidency if you're a democrat without winning at least one of the states. >> reporter: either the south or -- what about 2020? how does this moment, this picture compared what happened in 2020? >> reporter: we just talked about results. let's talk about pulling. michigan polls where trump lead biden. in michigan, the entire 2020 cycle, look at that. no polls. not a single poll where joe biden trailed donald trump. so far this election cycle we have already had to. of course, we're already in 2023. we have had the cnn ssris poll, there is also a new york times siena college poll. remember, donald trump trailed joe biden throughout the 2024, excuse me, the 2020 race. the fact is that this gun is emblematic of what we have seen nationally and that is that joe biden is it behind donald trump nationally and in key swing states like michigan and in georgia. >> reporter: what about other swing states that, perhaps, biden needs to win in order to win the presidency? our seafaring? >> let's take a look at these states. these are states where trump, now, it leads. from trump in 2016 to biden in 2020. obviously we mention michigan, we mentioned georgia, take a look at your end. arizona, perhaps the big one here, pennsylvania, the keystone state. the fact is, abby, you can go building your electoral map, you can build it in many different ways. we've spoken about it in slide one. building in the south with georgia, in the north with michigan, but if you lose all of these states if you're joe biden -- i like doing a lot of electoral college of permutations. there's not one that i can really think of where donald trump wins these states that joe biden could potentially, possibly when. >> reporter: the point of all of this is that, based on what is going on right now, something significant would have to change for president biden. so which voters are perhaps the most important for him to start turning things around with? >> yeah, there has been all this talk of joe biden having problems on the far left of his party, right? very progressive voters, perhaps on the israel hamas war that is going on, but in reality elections are won in the center of the electorate. that is something that joe biden did in 2020 that hillary clinton could not do in 2016. take a look here, this is an average of independent voters in georgia, michigan. in 2020, in those exit polls, joe biden won those voters by eight point. look at the margin that donald trump is putting up. here he is winning them, on average, by 18 points. >> reporter: it is a huge swing. >> it's an absolutely huge swing. >> reporter: if it holds, of course. >> if it holds. polls are a snapshot in time. the fact of the matter is, have, the ego through the history books and i can't think of a single example in the states that are ultimately the most important where a candidate wins independent voters by this large of a margin and then doesn't go on to win the general election. these are tremendous numbers for donald trump, pretty much throughout our cnn ssris polling. >> reporter: when voters are asked about the characteristics about these two candidates when they're up against one another, what are they saying in these polls about what is pushing them towards donald trump? >> you know i, think there are a lot of folks who say trump is trusted more on the economy. perhaps trump's tested more on stamina and the mental sound history president, but there's one category that i think is emblematic of everything that we've seen in the polling so far. this sort of switch from biden to trump. he cares about people like you. generally speaking, this is a great category for democrats. in october of 2020, biden held a 20 point margin on this question. look at where we are in december of 2023. this was a wall street journal poll that came out over the weekend. biden still leads, but by a single point. >> reporter: this is an empathy question, which should be a strong suit for joe biden, but he is losing. >> he's losing a lot of ground. if joe biden can't win on empathy, abby, i have to ask you and our audience, where the heck can he win? i have no idea where he can win. this is perhaps the worst number that i have seen for joe biden out of all the numbers i've showed you this evening. >> reporter: a lot of work ahead for president biden. harry enten, thank you. this week cnn will host two republican presidential town halls, and jake tapper's conversation with ron desantis tomorrow at nine pm eastern time. my conversation with vivek ramaswamy on wednesday, also at nine pm right here on cnn. hours from now, presidents lynskey will visit washington to ask lawmakers to approve more funding for ukraine, despite the resistance for doing so. what do russians think about republicans who are blocking this aid? that is next. a country on the brink, and its president desperate. just hours from now, ukrainian president zelenskyy will visit capitol hill, meeting with lawmakers as additional american military aid is now in limbo. republicans, even those -- more aid, they are insisting that they will not back more funding unless democrats and the white house agree to major border policy changes. at the pentagon today, is a lynskey warned that the partisan wrangling is a win for vladimir putin. >> if there is anyone inspired by unresolved issues on capitol hill, it is just putin and his sikh click. they see their dreams come true when they see delays and scandals. they see freedom, when the support of freedom fighters go down. people like putin shouldn't even hope to conquer freedom. joining me now is julia davis, the creator of the russian media monitor and columnist at the daily beast. so, julia, a u.s. official tells cnn that russian state tv is, i guess, unsurprisingly, celebrating a lack of additional aid to ukraine. you spent a lot of time monitoring all of this. what are the russians saying on television? >> thank you for having me, abby. the russians certainly have experienced a huge boost to the morale whereas before the aid stalled in congress, they were quite upset and displeased that the war is not going well. the mothers and wives of the mobilized were complaining, propagandists complained that they have lost any interest in this war. all of a sudden, this has given them an enormous boost. their reaction was to say, well done republicans because, all of a sudden, they don't have to just wait for trump to come back to power to hand them over ukraine. now they see it much closer in their sights. and their rhetoric suddenly changed from if we win to when we win, they are already starting to celebrate the potential victory once the u.s. aid to ukraine's stopped completely. that, of course, is their ultimate dream. >> reporter: you just mentioned donald trump. i mean, he is being praised for this role in all of this, even though he's not even in office anymore. how are they describing the former president and what are they giving him credit for? >> they described him as a destroyer of america, which is, of course, why they adore him so much and want him to return back to office. they praised him for everything that he did to undermine the trust of u.s. allies during his presidency and, right now, they're convinced that republicans are holding this aid to ukraine hostage because trump wants them to do it. in fact, they are constantly showing tweets from trump's children talking about the aid to ukraine as one of the many signals that trump and the self favors that this aid may stop. they are certainly anticipating, very eagerly, his return to power and welcome it because they think that they will be able to get the control, not only over that region, but potentially as a global power surpassing the united states. >> reporter: yeah, it actually raises a question. what are they hoping for is the outcome here? is it still the parts of ukraine that putin has publicly talked about or that he is already seized, or are they eyeing the entire country at this point? >> at this point they're eyeing the whole country. when in the west there has been a number of articles that have been written, urging negotiations, and they scoff at that. they say that we don't want negotiations, complete capitulation of ukraine. now with this aid in peril, they think they can just keep bleeding ukraine until they get the complete defeat and they control the entire country. but then they have bigger plans beyond that where they envision, as much as after the church in wars, they now have judges who are fighting on their behalf against ukraine, they say eventually ukrainians will fight along with them to reestablish the greater russian empire, which would mean that other countries, aside from ukraine. so they have a very big plans. >> reporter: wow, that is alarming. before you go, the team for jailed russian opposition leader alexei navalny says that he is missing from prison. they haven't heard from him. what do you think, will we hear anything about his whereabouts anytime soon, especially since the eyes of the world are on navalny as they have been for years now? >> it is very troubling, especially because putin recently announced his intent to run in their upcoming elections, which of course was a given and not surprising to anyone. but this might be a move to show that navalny's completely in his power. he can do whatever he was to him and the fact that he is not even being brought for the hearings where it is mandatory that prison officials have in their suggests that maybe he is sick, that he is in a condition where they don't want him to be publicly seen, or maybe it's just a power play to remind everyone that putin is the omnipotent leader. he has no opponents and anyone that tries to embarrass him or oppose him as navalny did will pay an enormous price, or up to the old mid price with their life. >> reporter: thank you very much. >> thank you so much. thank you so much for watching news night. laura coates live starts next. jack smith calls donald trump's bluff, next stop the supreme court. tonight on laura coates live. ♪ ♪ ♪ so this is a very big deal. you've got nine justice of, three of them appointed by then president donald trump, and they're being asked to decide what comes down to

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