Transcripts For CNNW The 20240704

Falsehoods that, for example, in these Text Messages that were purposely leaked to the media as it relates to ms williss daughter subjecting her her position in school, that she flunked out of college, which isnt true. Which in fact she has graduated from an hbcu. But whats been leaked to the media is the fact that she flunked out of school and someone other than her father moved her, which again, the validity of which was never shown and all the while ms willis facing these costs has been able to continue to do the work unrelated to this case, which is shown in the fact that land is murder rate and Violent Crime rates have decreased. Why she has been in office what was shown through the testimony of all of the witnesses and through the evidence that your honor heard, was that there wasnt an actual conflict that the defense failed to provide any sort of actual conflict in relation to ms wades . I guess the relationship that transpired from other relationship between her and mr. Wade, and that there was actually no evidence of a financial benefit that she gained as it relates to the prosecution of this case. And the ultimate outcome of the case. The corroboration of all of that is the things that your honour is very much aware that she could have. I guess financially benefited from stretching out the case for lack of better words by the grand jury or the special grand jury recommended the 39 individuals be indicted, but through her sifting through the special grand jury hes a report and all of the evidence with the team that indicted the case. They only went with 19 of the defendants, which had she gone to 30. Ive done with all 39. Theres there based on the Defense Counsels assertions what have given her the opportunity to certainly find these financial gains that are claimed through the allegations of Defense Council more importantly, why would ms willis repeatedly asked this court has set a trial date as soon as possible. If her motive in prosecuting this case was to continue to financially game as allege from the prosecution of the case it doesnt line up. It doesnt make sense and it doesnt make sense for a reason because it doesnt exist more importantly this office has several, multiple rico and as well as large scale cases like this one and much larger. And they also, theres a lot of high profile prosecutions. If ms wades or excuse me, ms willis is ultimate goal by hiring mr. Wade was for her financial benefit, then she would put mr. Wade on every single one of those cases. Though she could certainly a rebel in the riches and lavish lifestyle that has been referred to by Defense Counsel which theres been absolutely no evidence of. The evidence was she stated the doubletree and Napa A Doubletree i dont know that to be a lavish hotel. Most people, when they go to napa, if they want to lavishly experience napa, stay at the ritzcarlton, the four seasons, things of that nature, not a doubletree so the allegations and assertions that ms willis was living the lifestyle of the rich and the famous is a joke absolute joke as it relates to what youve heard. And the secondary issue is the Forensic Misconduct. And for lack of better words what it has to be shown is that the statements that were made by for heat here, ms willis, related to the prosecution of the case and ultimately the guilt or innocence of the defendants. And we have none of those statements. Theres been no evidence, nothing has provided to your been provided to your honor, as it relates to ms willis less specific statements made about any of the defendants and in relation to the guilt or innocence of any of the defendants i forget which Defense Counsel referenced the fact that she said she had a 95 Conviction Rate. Well, what ms willis has job is to instill confidence in the community as to how to how well she is doing as relates to her constitutional duties. And that was exactly what was done when she referenced that she had a 95 Conviction Rate in the Previous Year that she was serving as the District Attorney. More importantly its been the allegations about race and religion being imputed in her speech and that those comments were directed at the defendants at this table. And if you listen to the speech, those comments are directed at two elected or political officials. I believe it was Marjorie Taylor greene and ms bridgette thorne, who is a member of the Fulton County board of commissioners here. Shes specifically use their names. I dont i dont know that they my knowledge is theyre not supposed to be sitting at the table and i havent seen them in my work as it relates to this case. Your honor. So those allegations that ms willis committed a Forensic Misconduct are again, theres no validity to them. Theres no evidence of them as it relates to any of those comments at which this is an issue that judge mcburney has previously ruled on when these same allegations were alleged as. It relates to extra judicial statements made by ms willis. And it involved a statement that the words fake electors were said by ms willis and he found there was absolutely no conduct that was impermissive impermissible as it relates to Forensic Misconduct and i guess, to drive home the point at no point in any of the statements that were made, and that were that were on that are alleged here as it relates to speech that she made at the church at no point did she mentioned the guilt or innocence of any of the defendants she again, was merely responding to comments made by Marjorie Taylor greene and Bridget Thorn to other political officials therefore, making her comments not even close in the realm of any sort of Forensic Misconduct what i find interesting is that Defense Counsel wants to make these allegations that ms willis committed this Forensic Misconduct by the statements that she made in her defense to unrelated officials criticized the job that she would fined by policy. Interesting of a sense that weve had pretty you propers relief hes to the media by Defense Counsel, emailed council, released to the media side. Defense counsel statements have been made by Defense Counsel in relation to this case. We had the unredacted version of the Cell Phone Records of mr. Wade released to the media by Defense Counsel with his private and personal inference formation causing the threat of harm to both ms willis and mr. Wade to increase, we the most recent instance was the Text Messages that your honor hadnt ruled on their admissibility prior to their release, and it was made clear during the hearings that the ability to get those the full chain was something that they were unable to do but they figured a way. And the minute they figured a way they released it, the information to the media simultaneously with turning it over to the state and the court for all the reasons obviously stated before, your honor, this motion should be not beat, should be denied because the legal requirements by that are required in order for the District Attorney to be disqualified, have not been satisfied. The defendants have failed hello. To raise any issues legally or factually to satisfy the Legal Standard for disqualification. They must show an actual conflict. Theyve been unable to show that the prosecution of this case was it all result of political bias, which has been accused or accusations have made, as well as demonstrated that the prosecution of this case was motivated by any means or any way because of malicious prosecution. And they havent been able to prove that this case was one of selective prosecution for political benefit or gain. All allegations that have been made during the course of different hearings. And the procedures as it relates to this case what i would leave the court with, how the state started the argument is that courts have been generally unreceptive, if not hostile, to attempt to disqualify prosecutors based on pervasive and institutional conflicts, which makes clear that the burden that the standard is very, very high, that must be met in order for a district in elected District Attorney to be disqualified. And that burden that standard has not been met. An actual conflict has not been shown. And more importantly, are in conjunction with that, there has been absolutely no evidence for the District Attorney has benefitted financially at all, but benefited financially and Congestion Function with any outcome, whether it be now or ultimately, as it relates to the prosecution of this case. And because of all those reasons, your honor, we would respectfully request you denied Defense Councils motion to disqualify the elected District Attorney, ms fani willis thank you, mr. Body thats what it says. Mr. Cromwell ill use okay. Hitting. Understood. Mr. Sadow. All yours im going to do. Rebuttal specific rebuttal one state somehow makes an argument that we should have asked mr. Wade questions about his relationship and his communications with mr. Bradley when they objected over and over and over. And aides counsel objected over and over and over claiming that every thing that bradley was told by wade was attorneyclient privilege your honor, made determinations thereafter to bradley. We didnt get the opportunity to call mr. Wade back to the stand. So to claim that you cant impeach him because you didnt ask him when they objected to as ask him is a obviously is a false position to take as disingenuous as it can be now, if the court wants to open it up well be more than happy to call mr. Wade back to the stand. But as the record stands, there could be no confrontation of mr. Wade when both his counsel and the state are arguing that it shouldnt be done second lets lets use Little Common sense here Forensic Misconduct received about two minutes worth of discussion the rest of it is all long conflict Forensic Misconduct dealing with the way the statement is, if you dont accuse someone or you dont say that someones guilty. Assuming you can impugn someones character the degree that constitutes Forensic Misconduct. Why is that . Im sorry. Assuming you can impugn someones character to the degree that it constitutes Forensic Misconduct i think that i guess the states primary position was that they werent talking about you at that church, right. And if you go listen to it and watch it, it starts off by saying why does commissioner Bridget Thorn and so many others . And then it refers to they attack him for being black. They attack him not anyone else. Just the attack the black man, youre not talking about . This thorn or Marjorie Taylor greene, theyre talking about us. And you know how Everybody Knows that because not a single story from the media reported anything other than fani willis accused the defense and defendants are being racist. Now, heres the common sense part of this. If you follow the states position on Forensic Misconduct fani willis could all day long talk about race. She could say the defendants, im not saying theyre guilty or not guilty, but their races theyre racist. Theyre racist. And according to the states position on Forensic Misconduct, that wouldnt be a problem. Obviously, that makes no sense whatsoever. The issue here that weve dealt with on forensic this conduct is not simply the church speech. Its why she did it how she did it, calculated, and all the other things that we talked about with the testimony of wade and willis in this case . Lets go to the relationship issues in the cell phones. Briefly no one knew that there was a relationship between wade and willis according to wade and willis not a soul was ever told that they were dating or that there was an intimate relationship, ever they conceal it from all parties, from daddy. Daddy didnt even know they had a relationship suggest that somehow in the beginning of 2021, january 2 whatever it was, an into april that they couldnt have met in hatefilled they didnt meet anywhere that would allow the public to see them. Thats the reason why they were meeting at yearties because no one else was ever very remember the testimony. Who else was there besides mr. Wade . And ms willis . Both of them agreed . No one no one ever went there except them. They didnt go to where daddy was in. Ms willis is house because that he was there and daddy would know no other prosecutors knew. No one knows except who . The one person that knew was bradley and yeartie. Year t was the best friend at that time with ms willis. Bradley, was the partner of wade now the only way that wade can walk, im sorry, the only way that bradley can walk away from the a, very long time step that lets go to something motive. Thats it an issue whose motive in this case is the strongest fani willis. And wade, because if they if they testified truthfully on every point, what happens if the relationship started before november 1 . They get disqualified. Who has the best motive of anyone to lie . They do. Who has the most at stake to lie . They do who once to stay on this case for whatever the financial reason may be, they do. And thank you, mr. Santa there it is all right. Thank you, everybody i think has been very much made clear by the argument and the made today is that there are several legal issues to sort through, several factual determinations that i have to make those are ones i can make at this moment. And so i will be taking the time to make sure that i give this case for consideration is do i hope to have an answer for everyone within the next two weeks . And l that point if there any other issues that come up, counsel can reach out and well have an order posted on the docket thank you. All were off the record youve been listening to the judge there in georgia, judge scott mcafee, who says he will make his decision in about two weeks. Thats the max time he gave there on whether or not the District Attorney in this case, fani willis, will be ultimately disqualified. It is not an overstatement to say that the prosecution of donald trump in the state of georgia hangs on what you have just been listening to. That last person there who is speaking to the court with steve sadow. That is Donald Trumps attorney here. But shortly before that, we heard from the prosecution as the chief deputy District Attorney was arguing against the disqualification of his boss, fani willis, who i should note was sitting behind members of her staff as the judge has now weighing her fate in this case. Welcome to the lead. Im Kaitlan Collins in for jake tapper on this friday. Fani willis, of course, is the woman who charged trump with attempting to overturn the 2020 election in the state of georgia, along with a slew of codefendants whose attorneys were also in that room. But now she herself is facing allegations of an improper relationship when the Special Prosecutor that she put on that case, if wallace has just qualified the case, could very well not happen. A, lot is at stake here i want to bring in cnns chief legal analyst anchor laura coates, whos and watching every moment of this hearing has been an atlanta as part of this has been going on as well laura, i mean, the stakes here are so incredibly high now that we do have the Closing Arguments. And this is really in scott mcafee, his hands, the judge here, whats your sense of how today went for each side . Oh, the stakes are unbelievably high. Were talking about an 18 originally codefendant case, which also include the former president of the United States. Take a step back as to why were here. This is not the prosecutors burden to prove that they should stay in the case. It is the is the people who actually brought this Motion Disqualifier to prove she ought to be as quality by now, heres two ways you can be disqualified. Kaitlan. One, its called Forensic Misconduct. That essentially is saying that you had a financial benefit that you derived from a Conflict Of Interest that actually impacts the ability for a defendant to get a fair trial. The other way and get his qualifies. If you have a personal stake in the outcome of the case hey, therefore, you cant actually be objective any longer. So they were focusing really on the Forensic Misconduct aspect of it and theyre saying, look, ethical violations are enough, ethical violations are enough to get someone whos qualified and the real point here was about whether the appearance of a conflict there is enough or is the actual conflict . Enough to do it . Which one will it be . You heard some really riveting testimony and arguments that were made by both sides of the issue today, there were focused on that very central issue, but ultimately, the people who moved to actually have her disqualified say she should not be credited. Shes not credible her and nathan wade were lying. Were getting too cutesy on the stand trying to be evasive because they called the original sin that attempt to keep their romance private and everything that happened after that followed from that original sin. But there was this really important moment that the attorney for donald trump laid out. He said that fani Willis Willis was playing the race card and the Religion Card when she gave this now infamous church speech, he talked about, this is the one and historically black church down in georgia where she said and questioned essentially, why are you only focusing on the black prosecutor here, nathan wade when the team is actually more expansive at that time, they pointed that she had yet to file response at the motions that were pending. There were talking about here today and they criticize her for choosing that particular forum to address these concerns as opposed to the meat on the bone issues raised in the motion to disqualify her and for that reason, they say it was an ethical violation that rose to the level of a conflict but just because she was trying to heightened the public condemnation of the defendants in this case. Also, the religion aspect of it, having it be in a church alluding to that god somehow was on her side and she was righteous in her path to try to prosecute these individuals. Another aspect of it is what the other side, meaning fani willis this team, kaitlan. What did they think today . Well, their main focus was, what everyone you promised to be a star witness, whether it was the former employee with the one with the glasses and the chains on the side of injuries talking about that she saw them hugging and kissing. Remember that moment . They said she was not actually credible. She was not questioned. She was not specific Given Information are getting it over about what she saw. She wasnt credible. And then Terrence Bradley, that is the former law partner, kaitlan, the former divorce attorney for nathan wade, who they called and im going to quote here, they referred to him as disgruntled eventual, and speculative, and should not be credited this is all well, and that was new what they were saying today about him essentially saying that because of past Sexual Assault allegations made against him, which they the prosecutors, i should note, were were kind of just saying as fact, obviously we didnt hear from him on that, but they are saying that that also played a factor into his decision to come and testify against them, that when we saw him on the stand, he was the one who for those whove been watching this, he was one who kept off and saying, you know, i dont recall. Right. Im not completely sure to the point that youre making there of where they were arguing that the witnesses who are supposed to be the star witnesses may not necessarily have been he was such an important witness. He actually was on the stand more than one. The first its time. He didnt want to talk you that i have Attorney Client privilege. They have whats called an incamera meeting between the judge in Terrence Bradley to say, tell me what you think is privilege. No ones listening to us. Tell me what youre going to say and ill tell you if its actually privilege and if its not, take the stand. Well, the judge said, as it relates to the relationship between fani willis and nathan wade its not. Privileged. Therefore, you have to testify. Thats why we saw him again. And you remember your right . He says when asked, were you lying to the attorney, mrs. Merchant, about the statements you made to her through Text Messages about when though i should began, he said, i dont recall. And that was an important moment here for a lot of reasons because they believe that if you are wondering, why would he talk, why would he texts these people . Why would he knowing there was a motion disqualify fani willis and the team. Why would he offer statements, particularly as his former attorney in that context . Well, theyre saying because he was disgruntled because theres a skeleton in his closet and it was a bit of karma returned. The judge has so aside though, kaitlan, who to credit and who not, but ill tell you what a really telling moment the fact that this judge is focused on whether an appearance of a conflict is enough versus an actual conflict tells you a lot about where his head might be at. If he was just focused on the actual conflict, not the case law to talk about the parameters fani willis would be probably a little bit less nervous than today. Well, thats fascinating because when the Defense Attorneys kinda started out, they seem to be saying its a really low bar for disqualification. It is not necessarily because whats at heart, the heart of this is not that they were in a relationship. Its the financial misconduct allegations. And so the Defense Attorneys seem to be setting a low bar for that do you seem to think that that resonated with judge here . Yeah. Its a very high bar actually tried to disqualify someone. Theres no cure, there is its not a harmless decision. It means that the entire office can no longer prosecute and the prosecuting council of georgia has either a point or assign someone else. And lets be i was getting this not the most attractive case that you want to take for security reasons, for the scrutiny reasons, you can imagine this is not your cup of tea and that new counsel, whoever they appoint, are assigned if theres qualified that new team does not need to actually follow the grand jury in this case, they could decide to dismiss the case, expand the case, or otherwise. But here, this judge shouldnt be very focused on the law as it relates to what is the burden what will it take to disqualify isnt enough to have the optics or do i have to add something very concrete about a Conflict Of Interest . Now that was sort of blurry at one point between the Council Supporting fani willis and the judge the judge at one point said, well, hold on, arent we past speculation and conjecture . They admitted to having relationship. They admitted to having maybe the ledger issues in terms of how much money is accounted for. There were purchases made backandforth, isnt that enough to show some meat on the bone . The attorney representing the fani williss team essentially said no because that way it mean that you are speculating that that would be enough for a jury to or think about a Conflict Of Interest in a case. But fundamentally, go back to this in order for there to be a conflict. Its got to implicate the due process rights, meaning a fair trial for the defendants. And you heard very little about that i mean, it is fascinating and its no short of a statement to say that obviously Donald Trumps attorneys in that room, but they are watching this so closely. And just to look at it, the Bigger Picture of this week, laura coates. Thank you for breaking down the biggest headlines on that. We are going to continue to cover over several hours of that hearing. And the judge, as you heard there in Fulton County, one said he is not making a decision right now, but he does expect to have a decision on whether or not fani willis will still be the District Attorney prosecuting this case within two weeks. Weve looked more reaction plus the other major hearing trouble isnt in court there today, but he was in court in florida. Will talk about that right after a quick break. Youve sin city sunday at ten on cnn. I was stuck unresolved. Depression symptoms were in my way. I needed more from my antidepressant. Very large health give it a lift adding velar to an anti the president is clinically proven to help relieve overall Depression Symptoms better than an antidepressant alone. 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Com our firm has offered a free book about mesothelioma for over ten years. Mesothelioma is really all we do. 80087 to 4901 were back with our breaking News Coverage. That hearing in Fulton County, georgia, just wrapping up moments ago, the judge says he will decide within the next two weeks whether or not the person you see here at the District Attorney, fani willis will be disqualified from prosecuting donald trump and his codefendants its Election Subversion case and that state its a decision that could effectively kill the case if he does decide to remove her. There are key moments in this dramatic day in several hours of this hearing as we were getting the Closing Arguments from the Defense Attorneys and from attorneys from fani williss office. Listen to these moments. Be willis took it upon herself to go to a Historic Black Church in atlanta having not responded at all to the motion ms merchants client, roman, and she made what we now call the church speech. It was a calculated determination by ms willis to prejudice the defendant and their counsel. How so . By making an issue out of the fact that the person that was challenged in the roman motion was black without telling the public or the Church Members or anyone for that matter that the reason that mr. Wade was being challenged was not because he was black and nothing to do with race. It had to do with the relationship that had been alleged and later admitted to buy ms merchant. She was the one playing the race card in a way to try to deflect from her own conduct. The relationship started in 2019. The relationship continued through 2020. The relationship continued through 2021 looking at the Cell Phone Communications just in the first 11 months of 2021, over 2000 calls, almost 9,800 texts yeah. I dont even think loves struck teenagers communicate that much with me now, j. Tom morgan, the former District Attorney himself, and dekalb county, georgia and daytime its great to have you here because there were several moments where you are hearing. Those were all comments from the Defense Attorneys who are representing trump and the codefendant its in this case, but let me just start on that first moment there from steve sadow. Thats trumps attorney. And he was looking back at when we heard from fani willis for the first time on these allegations as she made those comments at that historically black church in atlanta, which was essentially suggesting that the only reason nathan wade was being singled out here was because of his race what did you make of how they argue that today and how does Something Like that go over with judge scott mcafee, do you believe good afternoon, paton. Glad to be with you all this afternoon. First of all, the defense in this case is offered up when i call a pigs breakfast a little bit of everything. And not much of anything. And then it has to do with it. That argument. If a prosecutor makes a statement out of court that could jeopardize the jury in any case. The way to cure that kaitlan is during jury selection. In fact, its the media that no one i wouldve known about these statements. But for the media in this case again, those statements ive never seen a prosecutor thrown off a case because a bench or do digital statements. What happens is you pick a jury that never heard the statements or those statements will not influence them. Thats the cure, not disqualification thats interesting. So you dont think that those comments will ultimately hurt her what the other Closing Argument that we heard from the Defense Attorneys was, they were saying theres a low bar here for disqualification because its not just an actual Conflict Of Interest. Its just an even hint of impropriety. There was a moment where the judge was questioning the attorney from the District Attorneys office fears about this. I want to just listen to that moment your position would be your review of the case law. Theres never been an appellate opinion that relied only on an appearance of propriety as it relates to a prosecutor, a District Attorney . Yes. That is what im saying. What i would say is in those cases, they do reference the fact that there is an appearance of impropriety, but they referenced that fact because when you have an actual conflict, theres always an appearance of impropriety and those are what those cases stand for. What does that tell you, j. Tom about how judge scott mcafee may rule here. The questioning that he had there for the chief deputy District Attorney here kaitlan again, at the judge follows a Georgia Supreme Court case law. Theres never been a case where a prosecutor has been dismissed and disqualified because of the appearance of impropriety. There has to be an actual conflict. Ill give you an example. I prosecuted a case where it came out that the defendant they had ordered me assassinated. They tried to get me thrown off the case that they did not succeed in the Georgia Supreme Court held that there was not an actual conflict, even though there may have been an appearance wow, i mean, well talk more about that in case of care, but thats a really notable moment, but it basically youre saying that you think shes not going to get disqualified here . Not at the judge, follows the georgia case law. Theres been a lot of noise and a lot of damage done to ms willis and her office. But again, through it, all youve got to follow the case precedent. And it is a very, very high bar to disqualify a prosecutor if she doesnt get disqualified. One suggestion that came from mike romans attorney, who is one of the codefendants here. John merchant. He basically said theres a good chance that they are going to demand a new trial if shes not disqualified from prosecuting this case. Well, firstly, would have to win on appeal. And i dont believe that the Georgia Courts will overturn the judges decision in this case. Should he keep her on the judge has a lot of discretion. We will see weve got two weeks, apparently, before we hear what the judge is going to decide here day. Tom morgan. Thank you as always for your hopping on to jordan with and talk with us about the main takeaways from what we just heard for hours in that hearing thank you. Kaitlan meanwhile, donald trump himself, not in that court. And Fulton County today, but he wasnt another court for one of his other cases this time in southern florida as his legal team is trying to get his classified Documents Case delayed, making two different arguments here will break them down right after a quick break bob, i call nato chest congestion. Hello, 12 hours of relief bowers, mucinex, dm gives you 12 hours of relief from Chess Congestion in any cough day youre not use an xds. Its combat season outright. 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So you can be there for your customers. With comcast business, reliability isnt just possible. Its happening. Get started for 49 a month. Plus, ask how to get up to a 800 prepaid card with a qualifying internet package. Dont wait, call and switch today direct redefining insurance i Refill Alvarez and brownsville, texas. And this is cnn were back with our Law And Justice lead and another face off between trumps attorneys and prosecutors and court today. This time in a hearing over when to start the trial, and that maralago classified Documents Case. The special counsel, jack smith it is hoping to start on july 8th, but while trumps attorneys have officially proposed a start date of august 12, theyre also arguing in court that they need both more documents and more time asking the judge here to wait until after the 2024 election. And yes, of course, part of this is political. The judge didnt seem to be too thrilled about that argument today, but we have reported time and time again, the trumps strategy here is really just to run out the clock. But as cnns paula reid reports, trumps attorneys are also pointing to that busy calendar as he is facing 91 criminal charges in four cases, as he campaigns for the White House Former President Donald Trump at Federal Court in florida today, for a highstakes hearing to decide when you will be tried for allegedly mishandling classified documents. An indictment was unsealed. Charging donald j. Trump with Felony Violations of our National Security laws, as well as participating in a conspiracy to obstruct justice trump faces 40 felony criminal charges related to the alleged mishandling of classified information. Some seen here in properly stored at maralago they raided my house. They did it for publicity reasons. They did it for election interference reasons. They want to interfere with the election. The case is currently scheduled for may 20, but judge aileen cannon, a trump appointee who is overseeing the case, has signaled she may push the trial back in court today. Cannon pressed prosecutors and Defense Attorneys about their suggested schedules. Special counsel jack smith proposed a july 8 start date, but during the proceedings, cannon suggested that aspects of smiths proposal were unrealistic. Trumps lawyers insist the trial should be pushed back. A trial that takes place before the election is a mistake and should not happen. Trump attorney todd blanche stated, saying it would be unfair to the former president and the American People for trump to be in the courtroom and not on the Campaign Trail thats something that former president has claimed as well. All of this persecution is only happening because because i am running for president and leading very substantially in the polls, trumps attorneys did concede if the trial has to go forward before the election, they would be okay with starting august 12th, canada noted that trumps upcoming criminal case in new york must be considered as she schedules this one. On march 25th, trumps Hush Money Trial begins in new york and is expected to last four to six weeks and already busy Court Schedule for the former President Trump prosecutors today, did clarify a key issue. How close to the election would they be willing to try trump . Attorney general Merrick Garland has set a speedy trial, is in the public interest. The cases were brought last year. Prosecutor has urged speedy trials, with which i agree and this now and hands of the traditional system, not in our hands today in court though prosecutors said that a Justice Department policy discouraging public investigative actions 60 days before an election does not apply to cases where charges had already been filed. Prosecutor jay bratt told the court that when it comes so that policy, quote, we are in full compliance now it looks like there could be more bad news for special counsel jack smith with a Judge Cannon Signaling today that she didnt agree with his proposed schedule it is expected that the judge will have to schedule a couple of hearings and then likely put at least a tentative date on the calendar, likely an august at the earliest. And of course, kaitlin, she could always revisit that later in the year if theres more work to be done. So still completely unclear if former President Trump will face either one of these federal cases before november whats better than florida in august, paula reid. Thank you. You a big question here is how trump and his attorneys might try to strategize when it comes to the classified Documents Case, not just when its going to go, but how does it affect the other cases including that one in washington that has to do with overturning the election, at least attempting to will speak to an attorney who used to represent donald trump, right after this sometimes the lows of Bipolar Depression Field darkest Before Dawn With Cap later, theres a chance to lead in the light kept lighter is proven to deliver significant relief across bipolar depression. Unlike some metal this incident only treat bipolar one, kept lighter traits, both bipolar 1. 2 depression and in clinical trials, Movement Disorders and weight gain, were not common. Call your dr. 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We even know order racks do nt the experts and Back Pain Relief for more than 100 years available in a store near you even the most chilling parents know when its time to go into protect mode nothing kills more viruses on more surfaces than Lysol Disinfectant spray vegas, the story of sin city. Sunday at ten on cnn and we are back with our breaking News Coverage this hour as two major Court Hearings for donald trump were underway today. One over whether to disqualify the District Attorney in Fulton County, georgia who is charged, trump and many others with trying to overturn the election. There. The other though, is in florida on the classified Documents Case. Were trying trumps team is trying to get the trial delayed until after the 2024 election. Here to talk about that strategy is david schoen, who represented donald trump in his second impeachment trial. And david, its great to have you here because i want to understand something and im a little confused by this. But basically trumps attorney here, todd blanche, one of several here, was saying basically the trial that take place before the election is a mistake and should not happen. But then just a few moments later in overall, in this Documents Case, theyre also arguing that if it does happen, it must happen. August 12th. Why that turnaround . How can they argue that . It can happen before the election . But then, oh, also, here is a date where it could potentially happen well, i think in this case is main argument on august 12 is it cant happen july 6 or july 8. And therefore, no alternative would be august 12th. They need to have a date. First of all, i Think Procedurally For Speedy Trial Act purposes. So they want to have a date on the calendar at least, but his overriding argument is they shouldnt have the trial before the election because considering the election is a factor, its relevant to the analysis here. But the judge didnt really seem judge cannon here to want to hear the argument about how it coincides with the political calendar. I mean, she she seemed to shoot that down as they were making their arguments i think youre right. I think she always has, frankly, her position always has that that may be a consideration, but thats not her consideration. Shes in charge of the judicial process and look, i dont know what she thinks about it personally and so on. But i think shes trying to keep things are really cabined into whats necessary refer the case, and to get the case ready for trial. Todd blanche was also arguing that theyre not trying to play these court cases off of one another at one point, he said that this is not a game. Was his argument, but it seems very clearly that they are trying to play them off one another. At least theyre trying to get the classified Documents Case scheduled later in the summer so then if they do lose at the Supreme Court, come june, it would jam judge chutkan in washington for the federal Election Subversion case. Does that not seem like a very Clear Strategy to you . Well, i mean, i think there are two aspects. One could be seen as a strategy thats one might say is gamesmanship. I dont think so in this case, i think there are a couple of things blanches in both of those cases by the way, you know, the florida case and the dc case, theres very different preparation for both cases and President Trump has is appearing. Hes going to be in court and all of those cases the, thing i think that ought to be spoken about here is there a lot of pretrial issues to discuss the very serious issues and complicated issues in this florida case. The Immunity Thing thats applying in dc is still under review. Its going to be reviewed now by the Supreme Court. Thats been raised in this case. Theres the question of evan corcorans records, which the judge judge howell in dc, found were not privileged. Theres gonna be a question whether that tainted the grand jury process if a different judge now thinks that was wrong, and then theyve raised finally in this case, the appointments clause issue. That is the jack smith wasnt constitutionally appointed. These are complicated issues. They need that last one seems it seems maybe potentially farfetched, but also at one point, jay bratt, who is the prosecutor for the special counsel, he was actually at maralago, the de that it was rated, he said that a Justice Department policy that discourages public investigative actions 60 days before an election doesnt apply here because that implies two indictments or for, or starting an investigation. But given donald trump was charged so long ago in this case, that thats not relevant to you agree with that hes technically right. I dont think that its right that its not relevant. I think the same Policy Problems that arise with having the investigation within 60 days or the election or even amplified by having a trial. So i think hes technically right about the policy, but i think the policy ought to be applied to a trial. And david, youre from the south. Let me ask you on what we were watching today happening in georgia. Do you think the Defense Attorneys have met their burden in here and arguing that fani willis, the District Attorney, should be disqualified or do you think . They werent able to establish that yeah. Im not sure. First of all, i think one problem was i didnt see a lawyer in the courtroom. You could ask a question during the course of this hearing that was very frustrating to see only the judge seemed to be in control of things. But i think j. Tom morgan is one of the most respected District Attorneys weve had in georgia hes right that the case law requires an actual conflict. But i think the prosecutor said today is very dangerous about he tried to explain why an appearance of bias or conflict doesnt apply. He said the prosecutor is always an advocate, therefore, always has the appearance of bias. Youd never be able to have a criminal prosecution. Thats absolutely absurd and dangerous. He needs to read the 1940 article by justice theres Robert Jacksons Supreme Court called the federal prosecutor, their talks about the importance of a lack of bias. The American Bar Association standards on the Prosecution Function three dash 1. 7. But the point is, there can be an actual conflict here the actual conflict requires showing of an adverse impact or some actual prejudice to the proceeding can be here. Doesnt matter when he was hired. He was hired before the grand jury met. And so did they have a motive for self and grandizement or financially to put some evidence before the grand jury to ensure prosecution and hold off other this may be theoretical and maybe realistic. The main thing to remember i think is the judge has an independent it role in this while he may not be required to dismiss her based on an appearance of bias, he can he has the authority because ultimately, his role is to ensure the integrity of the process thats why she should withdraw as norm eisen has said im sure those attorneys will appreciate you saying that none of them could ask it could question david schoen. Thanks so much for joining me thank you. And just into cnn, we are now getting word of yet another possible spy balloon that was seen off the coast of the United States, who could forget what happened last year. Also this afternoon, were hearing from President Biden at the white house. He is calling for a ceasefire between hamas and israel. 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Threatened National Security, and destroy jobs, are leaders need to strengthen, not weaken American Technology the rise sanders winter boot democrats agree. Conservative republican steve garvey is the wrong choice for the senate. Our republican opponent here on this stage has voted for donald trump twice. Mr. Garvey, you voted for him twice. As your own man, what is your decision . Garvey is wrong for california. But garveys surging in the polls. Fox news says garvey would be a boost to republican control of the senate. Stop garvey. Adam schiff for senate. Im adam schiff, and i approve this message. This election is about who shares your values. Let me share mine. Im the only candidate with a record of taking on maga republicans, and winning. When they overturned roe, i secured abortion rights in our state constitution. When trump attacked our lgbtq and asian neighbors, i strengthened our hate crime laws