mar-a-lago documents? >> this case. but do york times affords aileen cannon rejected an extraordinary push by her fellow judges to handle the trump case also, a cnn exclusive tonight. >> cake cox was thrust into the national spotlight when she was forced to flee texas for an emergency abortion to save for light, tonight, she's here with a maid sure announcement and it's a toss-up, biden versus trump one week from this moment right now, and the candidates are already making moves ahead of that time of the debate. >> it stage will tell you which one will get the last word. i'm kaitlin collins and this is the source thanks, but no thanks. that was essentially judge jalen, cannons response. according to new reporting from the new york times, when two of cannon's more experienced colleagues on the federal bench in florida urged her to step aside from donald trump's mar-a-lago classified documents, case they apparently thought that given her lack of experience and trials, another judge should handle a criminal case against the former president. >> the first judge has not been identified, but the new york times reports that they made the case during a phone call arguing that another judge would be better for logistical reasons, like the fact that judge cannon's courthouse doesn't have a secure room that could hold highly classified information while it does now because taxpayers had to pay to build one, there then. >> and this is notable. the chief judge in the southern district of florida weighed in with a more pointed argument, questioning the optics of judge cannon overseeing this case because of what she did before trump had even been charged you might remember this. cannon intervened in the criminal investigation by granting trump's request for what's known as a special master. basically, someone who doesn't work at the justice department to sift through all the documents that were found at mar-a-lago. investigators couldn't even access the evidence during that time, which was quite remarkable. and it conservative leaning appeals court ended up reversing her decision to do so and what was it quite embarrassing rebuke. it was the first of many questionable decisions the judge cannon his made ultimately slowing the case to a near standstill. and all but assuring that trump avoids trial before the election. there is one person apparently quite happy with how she handled the case, though i know it's a very highly respected judge are very smart judge, and a very strong job, but you appointed her i did. >> and i'm very proud to have appointed her, but she very smart and very strong and loves our country. i went loves our country. we need judges at love our country. so they do the right thing it is such a stark contrast to how the former president has talked about basically every other judge handling basically every other case that he has hey take he can't stand he's a democrat operative and he's a disgrace to people who call themselves judges and i hope my lawyers go in and i hope they find him very hard because this guy's getting away with murder are dark. >> all of this matter is now this new reporting because especially what we were about to see tomorrow, just hours from now, not donald trump, but the special counsel himself will be put on a trial of sorts before judge cannon. she is holding yet another highly unusual and highly controversial hearing on trump's push to have jack smith fired my lead sources on this tonight are three of our best legal minds, cnn legal analyst, and criminal defense attorney joey jackson, retired federal judge, shira scheindlin, and also attorney were not as tibial. it's great to have you all here here, but judge, i mean, i have to start with you. have you ever heard of a judge doing this asking another judge to step aside no. >> i actually have not heard of that ever happening. i can assure you it never happened to me, but i cannot recall any judge asking another judge not to take a case. >> well, especially we don't we don't have the name of the one, judge, but the second was the chief judge. the chief justice of this court. >> i mean, to have that person go-to judge cannon and say the optics of this are bad for you and for her to not take that advice. >> obviously, she's read and not take it. >> how remarkable is that? but i'm not sure it's remarkable because the chief judge is not the boss of another judge. >> we all have life tenure, are all independent and she judge cannon can make up her own mind, but maybe she should have listened to this advice because in the civil case at preceded the criminal case, when trump's sued the united states because of the search, she drew that case randomly and she made two really bad rulings and she was slapped down hard by the 11th circuit on appeal. so she might have thought gmi the right judge to do this on top of that it's a very high profile case for the president former president united states, to be on trial in a criminal case. she knows that she's not an experienced trial judge in criminal matters. i think she's had four trials and all of her life. >> well, i hear from trump's allies who say, people are too hard on her. >> she hasn't made that many mistakes. i mean, given that scanned experience that you talked about, how does this work, do it more experienced judges often go do younger judges toward newer to the bench, go and seek out judges who have been there longer than they have it may depend on the court. >> she's all alone where she is. that's one of the problems she sitting in fort pierce, florida where there's no other judges to talk to a course you can pick up a telephone. but in my court, which was a big court, it was very common for a new judge when i was a new judge, i go to for more senior judge and i'd ask advice. i'd say, judge, i have this difficult matter. i've never had this before. what would you do? and i would take advice and when i became a more senior judge, junior judges would come to me. >> so that was how that process worked. >> you said you find it objectionable that these judges went to her and an urge her encouraged her to the get the case to someone else. >> well, look, i mean, she does have criminal experience. >> she was a former assistant united states attorney in the southern district of florida. so in the court in the jurisdiction where this case is pending, so the notion that she's to an experience to handle this case, i don't think that's quite right. you might not have a lot of trial experience to judge finland's point, but she certainly has criminal experience. she understands the issues. it's not like this is an antitrust case or a patent infringement case, something that might be out of her wheelhouse. so i think judges make mistakes. that's why we have appellate courts. the fact that she made mistakes, the fact that she was reversed by the 11th circuit is not necessarily a reason to ask it's kurt to move away from the case. >> i mean, doesn't seem is issue out of her wheelhouse though. i mean, when you look at how she's handled everything, so here's how i take this, caitlin. >> i don't question her competence. i questioned her process and let me tell you why. i approach this from a practitioner when you're in front of a judge, there are issues that arise prior to trial. there are myriad of pretrial issues. do you think the searches improper? right. you're going to make that motion to the judge. the judge can make a determination as to the search in a case like this, classified documents, how will we be reviewing it? what will the jury have access to? how do we file thing? should we filed them under seal? i think the special counsel should be removed say fama defense making the argument. okay. great. what is your basis for that? what law do you rely upon as it relates to the special counsel's removal? i believe my client has been unfairly disadvantage. she's been vindictively prosecuted. so when i speak to process issues come up, caitlin all the time. but what a judge then does is say, mr. jackson file your motion, you then submit your motion, you get a specific time to file that motion. the prosecution response, and you have a hearing and a decision is made. so with regard to process, my my experiences, judges like to move the docket there's a lot of cases happening of significance right? to the people who are under investigation. it's not only the president's case, move it along. and so to the extent that it's not moved along and it appears that there's this dilly dally, what am i doing entertaining all these issues that's troubling to me as a practitioner who goes before judges and the judge says, file your motion and you have a hearing that hasn't happened and i'm troubled by it just has continued to stack up for decisions that she hasn't made these decisions. she's got another hearing tomorrow and this is whether or not jack smith is rightfully the special counsel because he wasn't senate confirmed neither was robert muller. i should note. >> but what's interesting judges, she's letting outside parties come in for these arguments that aren't working on the case. >> there aren't prosecutors for the doj and they're not employed by the trump legal team? no. >> this is absolutely unique to allow what's called an amicus to argue in the district court. it happens occasionally in the highest court in the united states and the supreme court, but it never happens in the district court. she has their brief read in the brief and make a decision, and she has lawyers arguing each position. she doesn't need to hear from these people. it's just going to take all de do you think she doesn't even need a hearing? >> no. >> no, no. from these people. she doesn't need to hear from the amicus people because they've submitted an amicus brief and she can read it. so she knows their argument. she can hear from the lawyers the case. so we actually have a client, the united states, and the lawyers for donald trump, but she shouldn't be here. these people. >> they have also these law clerks who are phenomenal come from the best schools they write extraordinarily well, they keep the judge moving along. there novel issues at developing cases all the time your law clerks study those issues, they come to the judge, they present what it is and you make a decision. and so to the extent that decisions are not being made, i'm just brought to bear. well, in my case is decisions are made all the time. why not here? and it just raises the specter of what are we doing? and is there bias and is this a legitimate point of interests? they have challenged this before his appointment. jack smith's merrick garland has said he doesn't regret appointing him is it just about a delay or is there a real argument here? >> well, i mean, they had a file a motion, so the judge will decide how meritorious their arguments are but look if jack smith thinks that she is acting in a biased way, he can make a motion, right? he can file a motion for barred, recused herself. remember the trump team filed multiple motions for judge merchan to recuse himself. so if it got to that point, it's within the ability of jack smith to file how that motion and chill decided and it could go to the circuit and we'll see what happens. >> yeah. you know, katelyn, but here's the problem. there's been so much delay. are we really notwithstanding any motions that are gonna be filed, have this case try prior to election. the answer is no, it's not going to happen and the other maybe more fascinating than tomorrow is the hearing is happening early next week, which is trump's request to throw out the testimony of his attorney, evan corcoran, which as we know, greatly matters because they were able to pierce attorney-client privilege. >> he talked about conversations he had where it we're trump wanted him to make made a plucking motion to throw out bad documents could be a pivotal decision for this case. well, except that it's already been decided that the judge and the district of columbia has said the crime-fraud exception applies. that's why we have these documents because there's no more privileged left. and she would have to take a different position than a different judge if the question and i guess i'll say is well, okay. you have the documents, but should they be admissible? but if the other judge already said there's no privilege left, then there's no privilege left. so again, she would have to sort of go against the tide to have a different view than the judge who's already heard that decision. just like you said about about recusal or about any of the issues coming up before her. the gag orders coming up, i think on monday. so she has a big week. she has friday, monday, tuesday, three straight days of hearings. and how remarkable would it be if she disagreed with judge beryl howell and dc i think that would be kinda stunning. >> she she sticks her neck out a number of times. one of these times you stick your neck out too far, you get hung so this this is what's going to happen. happened is he's going to move to recuse her at some point, she will deny it will go to the circuit. the circuit will throw her out and why she would want that to happen. i don't know. you think she'll get thrown out? i think it's possible. it depends what she does with these three days and how how how off the wall, so to speak, her rulings are. >> wow we'll see what happens. >> judge finland, joey jackson were not as to build great to have you all. that's going to be something to watch. up. next, speaking of court cases, the supreme court is expected to rule any day now on another bigger board abortion case, what are the biggest? >> since they overturned roe versus wade? >> a big and emotional announcement here from the texas mob, who had to flee her estate to get the life-saving care that she needed, including an abortion also, new details on the debate to where each candidate is 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president and the former president, one stage two, very different visions for america's future that cnn presidential debate next thursday netted nine live on cnn and streaming on max this is cnn the world's news network. we're just hours away from the supreme court possibly ruling on a major abortion rights case. this time, it's idaho where abortion is only legal to prevent a woman's death. but the court has to decide and what we're waiting to hear is what level of care is available to women were experiencing medical we'll emergencies in that state. the decision is going to be one of the biggest ones, the biggest abortion rulings that we have seen from the high court since they overturned roe versus wade nearly two years ago since then, of course, countless women have had the decisions about their lives and their health care taken out of their hands including my next guest tonight, kate cox you may remember that she sued texas last year and sought a court approved abortion to end her dangerous pregnancy. at the time her baby was diagnosed with a deadly genetic condition and it put her life at risk. as well. in the end, she had to flee or state her home state of texas for the life-saving procedure. and kate cox is here joining me now, and it's so great to have you here to thank you for being here. >> so much has happened since since we first met you since you first had to sue texas to get abortion care and were thrust into the national spotlight and became the face of this fight for so many women how have you been, what is your life been since then? while i have some wonderful news to share, i'm actually pregnant my husband and i are expecting a little boy coming in january. >> so very exciting time for us now, i'm graduations. thank you. thank you. i can't even imagine what it was like two to find out or do you know what you're having a little bore, yes. and it's so exciting and it's such a hard feeling because so much happiness, but also being so scared at the same time. >> why does it? >> tell me more? what do you what does it make you scared because i live in a state where emergencies in pregnancy can happen in a moment. and if i have an emergency, my first call would be my lawyer and my second call would be my doctor. >> wow. how upside down is that? >> it's really striking to hear that you'd have to call an attorney first. you think given what you've been through i'm grateful though i'm three months along and all the tests show healthy baby and healthy mama. so we actually have the video the moment when you, when you took the pregnancy test and you found out you are pregnant and i think anyone seeing that video is going to bring them to tears just to watch this. >> wow what were you, feeling when you saw that that positive result so much joy so exciting to have the opportunity to get, to bring a baby home from the hospital it's nothing else. >> i want more in the world. so, so much joy and also, you have scared as well and to see those, those two feelings intertwined because of what you've been through, must be a strange feeling. it's very strange. i i live in a state where i know my doctors are fearful i trust my doctors with the state of texas doesn't trust doctors to make good faith decisions. and so it's a scary, scary time. >> it's not just your state even with the supreme court ruling when that were waiting on, is deciding where an idaho you can only get an abortion if the mother's life is at risk and the biden administration has arguing that conflicts with federal law. and it just for, for people who don't fully grasp what these, what these laws are like when you live in a state like that. i mean, how severe are these bands i think that people don't realize how severe they are. >> i was so shocked. my husband eyeball where we went through what we went through. i was so sick and my pregnancy, i'd been in and out of emergency room four times i've had everything from severe cramping and bleeding to fluid in the canal. and on top of that, we had the most devastating news that parents can receive when it comes to their baby that my baby would never survive my doctor said every case she scene like this either to myosis and euro or hours or days once they're warm so to force me to continue that pregnancy, at worst, the sense in that. and also the concern that you couldn't be where you are today preparing to have another baby this is it sits our dream to expand our families. i'm so grateful today to be up here, to be pregnant for us to get to expand our family. >> you must have never thought that you'd be in this position you have become the face of this fight for so many people and other people have had a similar experience two years certainly. certainly i'm just one person we're just one family. i hear from so many all the time all the time, i have more and more women reaching out, going through devastating circumstances to go through what is often the most devastating time in your life. a complicated pregnancy. and then so much unnecessary suffering added to that because the strict abortion bans, and i don't think they they represent what people truly want the majority of americans want reasonable policies. and the government out of their business. what do you hear from other women? what have they said to you? >> unfortunate i've kind of a support group informal support group of moms that all in the same boat trying to expand our families have had devastating pregnancies. sometimes twins and one has a fatal anomaly and poses risks to the other the ruling in the jurafsky versus texas case was devastating because i feel that our state really had written off many of the women and what they've been through fear not i mean, you live in texas. i think there's a lot of women like you who find themselves, whether it's in texas or idaho, or alabama they can't just move and uproot their lives what's that like to know that you will still be in that state where you were denied care that you needed. so desperately it's hard because being pregnancy at a time that should be just filled with joy and excitement and it's scary because pregnancy emergencies happen in a moment i don't want to be scared if my water breaks too early. i have a miscarriage that i'm not going to be able to access care it's very scary. and are you scared? >> yeah. >> it's good i know my doctors are scared because there's vague. they're operating and vague laws. and the penalties are so severe they could spend their whole lives in prison so i know they're scared and i would want that for them either. >> i know you have a daughter too. >> i wonder how much do you think of her future when you think of something like this? all the time i hope that it's different by the time that she's older. that's why it's so important to vote this next presidents will likely appoint two supreme court judges. so it's very important time, and we've seen how that fight his is gone from not even just abortion, but to ivf and even contraception. there are concerns about that being limited as well from potential cases that could go before the court it's terrifying because building a family is often very difficult for a lot of american families and so my hope is that everyone who wants to bring home a baby gets that opportunity. and a lot of times that entails ivf, even birth control, abortion care when you think of the daughter that you've lost when you're going through this and finding out joyful news. but also still dealing with that same landscape that you run. i wonder what goes through your mind it's hard because we went through a loss. and so that will always be in our hearts i'm grateful that i was able to access health care and that we've got to make the decision that felt compassionate for our family she had a devastating fatal fetal anomaly with a slew of really heartbreaking conditions she never would've been able to survive and we didn't want her to suffer. what do you just we've made the most compassionate decision for our family. we've made it together. so i'm grateful that we got to make that decision. >> did you even named pick out for her? yes chloe yeah. >> it must be quite something to look at this in a moment that i think of when you first talk to dana bash and barge and to see where your story is now with such joyful news. >> yeah but also hearing from women who feel and are going through what you've gone through that's hard, even we walk around our home and we have two little ones, so we have this always to sippy cups on the counter, two little chairs in the living room, two little lawn chairs, and the backyard? it's hard because it feels like there should be three we're grateful that we have this opportunity to take a baby home kate cox your story made so much to so many people, so thank you for being willing to talk about it when i can see it. so difficult thank you. i think it's so important. and we see more and more of women, families speaking out because reality is this is what late term abortion looks like. i see so often on people try to legislate for people that don't exist. this is women who speak out myself, the women in this roscoe versus texas case. this is what it looks like. a woman has late term abortion. it's because something catastrophic has happened and it's the most devastating time do you think lawmakers, the people who are actually deciding these things, not doctors, to think filmmakers i guess what would you say to someone who doesn't understand that? >> i would say listen to the woman that are speaking out. we have to legislate based on the real women that exist k. >> cox. thank you for being here. thank you. it's great to have you after a quick break, we have some breaking news as we just got president biden's latest fundraising numbers we'll be digging into those and bring you all the news around the big cnn debate, including who is staying? >> and in where on, who is speaking last? maggie haberman is your 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people aspire to be great arrives in american saga, read are some breaking news for you as we are now getting in numbers from president biden and the democratic party announcing that they have raised more than $85 million in the month of may that number is not as much as what trump raised in the same month based on what the trump campaign has said. they previously announced they pulled in about $141 million along with the republican national committee but the biden campaign does have a huge cash stockpile. when you look at these month-to-month and the big numbers overall, they've $212 million on hand night and of course this is all coming as we do know, then erase that really feels like a toss up. it's all coming down also to a coin flip. we're talking about who will be standing where one week from tonight during the trump biden debate. and also who is going to have the last word? biden won the coin toss, which meant he got to choose either where he was standing or who went last. he chose to be on the right side of your screen. just says in the last two debates with donald trump and trump and his reality tv fashion has decided he would like to get the final word of the night here tonight, onset with me, maggie maggie haberman, senior political correspondent for the new york times and cnn political analyst. maggie, i think everyone's curious what does debate prep for donald trump look like right now? so it's different this time than he's done it in the past and the past, he had chris christie leading it in a bunch of other aids being part of it. and kristie did do some role-playing it's was not formal prep behind podiums and so forth, but he would he would pretend to be the opponent. they're not doing that at least as of now, i guess that could change in the next couple of days. they're doing what is described to me as policy time. they are having him meet with various people. they're cycling in advisers senators, a bunch of folks to talk about different topics, whether that's abortion or health care or in some cases talking about how to answer questions about january 6 and the attacks on trump about posing a threat to democracy. >> that's interesting because normally in a mock debate and what we heard from bob bauer who helped biden get ready for his last phase. they tried to get under your skin? they tried to really emulate the person that they're going to be debating. so you're prepared for when that moment happens on stage. so that is interesting, that he's not doing mock debates at this moment. and that definitely happened in 2020. >> several people describe to me moments where kristie with throw leinz at trump, pretending to be biden anticipating attacks and trump, i think was genuinely surprised by them. i don't think there's a ton that trump is going to be surprised by on this one, i think that the way that the trump folks are looking at it is number one trump doesn't generally do prep the way people tend to. he doesn't like prep. it feels too much like school and so they tried to find ways where they can engage with him. they've been trying to give him refreshers on certain things from his time in office and then had a perry certain attacks, but i don't think there's so much that they think is going to be coming out of nowhere. i think it's pretty clear where this is going. well, obviously, he's been on the debate stage of mind before he was talking today, he watched the biden paul ryan debate from when they were both the vice presidential candidates. here's what he said about biden's debating abilities i watched him with paul ryan and he destroyed paul ryan boride with the water who was chugging water at a left and right. >> i didn't think a human being would be able to drink so much water at one time? >> paul ryan, i'm not underestimating him. >> i assume he's going to be somebody that will be a worthy debater that's an all in podcast. >> i mean, it's interesting though, for how they talk about biden. he's now talking him up, saying he's a strong debater. >> and i was told that this was where he and his team were heading as they went into the debate, they were trying to move from biden can't tie his shoelaces and it's going to trip his way all over the stage to trying to suggest that they expect that he will be good in the same way he was say at the state of the union several months ago and so there is an awareness and trump's world that they have lowered the expectations pretty solidly for biden there. i don't know that a week out from the debate is enough time to try to recast that, but trump did not help himself in 2020 when he was constantly interrupting biden. he knows that he has said that two people trump is it trump and his folks are aware that they set the expectations too low for biden and biden beat them. they're trying to avoid doing that now, can we just take a reminder of what that moment was like when he was constantly interrupting him. this is the first debate from 2020 now i'm going to pack today once you are you in fact, let people know. >> he doesn't want to senator. i'm not going to answer the question. did that because the question is justice rational left? >> would you who do you think that's a great point because is it still in his brain? >> because after that, he felt like he didn't do a great job with the first debate. they thought he did great at the second one, but not the first. >> well, so to be clear, also, and you know this, he walked off stage and he thought he did fantastic. and it was only when he saw the coverage and a lot of people were saying to him that was not great. but then he changed. he has since acknowledged that that was not a great debate. you're right that both he and they think that he did better in the second debate. one thing that was striking to about that debate that you just played part of why that moment pops the way it did was that biden had been smiling in response to trump's interruptions throughout the entire night until he finally just seemed exasperated. i don't know how much either one of these guys is going to be smiling at the other the antipathy that they have for one another is deep or any of us are gonna be smiling. >> what did you make? >> biden got to pick whether he wanted to pick his podium or pick who went last he paid where which lectern help is standing out? same same side is always which is his preferred side what do you make of trump having the last word though, i think that it's not a, it's not surprising. i think trump likes having the last word and all situations, number one, but number two, i think that the biden team likely sees that as a positive for them because they think more of donald trump is a good thing if the last thing that viewers see is donald trump, i think their expectation is that's more likely than not better for them. i don't know that that will be the case, but i imagine that's their thinking. >> we'll see how it goes. maggie haberman is going to be fascinating to say the least, speaking of the debate stage, rfk junior is now calling president biden and donald trump cowardly after he learned he will not qualified to make that debate stage. we're going to check and i'll state of his campaign. and the third-party threat potentially, that's ahead the most anticipated moment of this election. >> and the stakes couldn't be higher. the president and the former president, one stage moderated by jake tapper and dana bash to cnn presidential debate. next thursday night at nine live on cnn and streaming on max. >> what the biggest companies, the liver is an exceptional customer experience. what makes it possible is unmatched connectivity and biji solution from t-mobile for business, t-mobile connects 100,000 delta airlines employees, powers tractor supplies, stores nationwide with reliable by hey, miss, this internet and partners with pga of america on game changing innovation. this is how business goes further with t-mobile for business 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night we place. >> i'm melissa bell in paris and this is cnn there's at least one presidential candidate who will not be on a cnn debate stage next week, rfk junior, who is running as an independent, failed to meet the required thresholds to be in atlanta next thursday night on stage what president biden, former president donald trump. but rfk junior will be, however, on the ballot and at least seven states come election day. >> that includes the swing state of michigan, potentially posing a real problem for biden's bid to keep the white else and maybe trump's to try to regain it here tonight to discuss cnn, political commentator van jones, van great to have you because when you look at the holistic state of the rfk jr. campaign he spent two-and-a-half times last month, more than he raised his running mate, his vice presidential pick, nicole shanahan, has not put any more money into the campaign since that that first initial tranche. and i just wonder you what he's not going to be on the debate stage. you think that hurts his numbers well, listen, this is a visibility game for him. >> he's played a big role on the right-wing media, aap, weird thing is like he's a fixture now in the right-wing media, even though he's allegedly liberal, former democrat. and so he, the breakout of that, there's only so many boats you can get from that. most of that's going to go to trump. he's got to get more attention and he's not gonna get it next week. so that's a big body blood of this campaign. but the reality is he wasn't on track to win the presidency. anyway but by this point, i think ross perot what was that? they are 30%. he's down below 10% where he's on track to do is to mess up the math in michigan and that makes him a very big threat to both biden anti-trump, michigan is absolutely necessary for joe biden. joe biden is not likely to do well, looking at the poem polling data in the sunbelt giorgia looks out of reach, nevada, looks out of reach. he's got to win in the industrial heartland and michigan is key to that. and now joe biden has somebody standing in the train tracks who has no chance of winning, but could completely derail joe biden's election bit and maybe two people because cornel west, the other independent candidate, has just submitted what he claims. >> of course, we have to wait for the michigan to verify this. but what he claims is enough signatures to be on the ballot there as well. so it would be cornel west and rfk junior on that ballot in a state that the biden won by three points and 2020 look i mean, given a 50, 50 country, three points is pretty respectable, but they 30 points, it's not you know, that's that's close. >> and so now you've got these little mouseketeer is munching on the cookie. that's what you got. there are cornell west is not going to win michigan. you know, rfk's not get a win michigan, but you look at joe biden, he's got to do well in pennsylvania, michigan. he's got to do well in wisconsin. what does that mean? that means milwaukee. that means though the afia, that means detroit. in other words, black cities are key to those blue states and you put a cornel west into the mix where does it go? do you have enough young people in detroit who are african american who are frustrated with the war in gaza, who are frustrated with the decline of the black lives matter movement, who start looking over at a cornel west and say, you know what, i can pull the leper for somebody who agrees with me? these issues, they start moving in that direction, then you've got other people who might be older voters who remember that kennedy charm, who are frustrated with biden, you start having real problems in michigan and particularly in detroit. >> yeah, it's the biden campaign clearly is worried about it. but cholesky van about something else when it comes to the numbers in the polling because we've got this new fox news national poll yesterday that had biden winning or biden ahead of trump for the first time in their whole since october, i think. and so unsurprisingly, donald trump is not happy with it. he called it trash and all cabs. he argued about one point. he said, quote, the number one issue in this country is not protecting democracy, but what this pole we'll find found and what i personally thought was fascinating is that these voters told fox that the number the two issues that matter the most to them are the future of the american democracy and the economy. you can see the numbers 68% and 66%. i wonder what you made to the fact that democracy was number one look, i think it's interesting. a lot of people have been saying in the biden camp that as you get closer to the conventions, as you get closer to people having to early vote and actually vote and people start looking down the barrel of what it actually means not to have trump is kind of a protest vote or kind of a countercultural rebel figure in a courtroom. but somebody who might actually be in charge again, people might start backing away from telling pollsters that there's so mad at biden and he saw all that they're willing to throw the country inches back back in the trump world this is the first sign of that. most of us have said that's ridiculous. moser said this has been a stable race for a very long time, no matter how many dumb things trump does. and i great things biden does the poll numbers don't move, and the issue said doesn't change. and so it looks very bad for biden. this is the first time you saw a crack in that well, hold on a second. if the issue set can change and it's no longer immigration and economy, but its economy and democracy that starts looking very good for joe biden because the one thing, you know for sure is somebody who just tried to overthrow the government, somebody who will not accept the election result, somebody who is literally been convicted for break king law after law, after law is probably not a great shape of democracy so that's not your guy. if you're a pro-democracy. so if the issue set begins to change, you could have a different outcome and that will be, this is the first time that may be in the cards well and you just quickly before we go everyone has been saying that mike donaldson and everyone of the biden campaign who is focusing on democracy, is focusing on the wrong issues. but this could, this could prove otherwise you know all i can say about it is next week is going to be the war to settle the score. >> the broad ended all we're going to see these two people stand up against each other and then after that, after that's over, we'll see what the issue said is the brawl i'll to end it all. >> fed jones. >> i mean, no one says better than you. i can't wait to talk to you after the debate thank you for joining looking forward to it. still ahead. her classmate made knew deep they pictures of her, they share them on social media that texas teenager is here to tell us for excruciating story how to help other kids the assignments 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and advanced cyber security, it's ultimate speed for ultimate business. and it's all from comcast business. can own an x chair for only 20 he dollars a month x chair.com news night with abby phillip. >> next on cnn close captioning brought to you by meso book.com our firm only represents mesothelioma victims and their families. >> if you or a loved one who has been diagnosed with mesothelioma call us now ai technology used to create sexually explicit deep fake images it happened to one texas teenager. her name is ellis tim barry, in her very first weeks of high school, or families fight to get the pictures, a fake pictures taken down and to protect future victims from this disturbing new form of cyber harassment that we're seeing is now getting support and washington from lawmakers on both sides of the political aisle. i want to get straight to the source tonight with alison berry and her mom and a mcadams, the family at the center of this traumatic ordeal. and thank you all so much for being here. and i just can't even imagine elastin. you're starting high school, you're 15 now i know what you're just 14-years-old. when this happened, can you just walk us through what it was like when you first became aware of these altered photos being online? >> it was. terrifying. i had just spoken up with so many different calls and text messages that these images were going around of me. and it was absolutely terrifying knowing that there's nothing i can do about it. it was out of my control and they were spreading and i had i couldn't do anything what was it like? elson. i mean, you knew these images were real, that they were fake, but what was it like to go to your mom and and have to tell her about this? >> it was really hard because although they weren't real, i was still shameful and embarrassed and it still created as much pain. and it was difficult to admit her that these images were going around. >> yeah. >> i can't even imagine having that conversation and i mean, obviously these photos, we now know were shared honestly, on snapchat when this happened last october, i was stunned though, when i heard that the pictures weren't removed until this week. >> i can't even imagine the anger and the frustration is apparent that you must feel about that well, it has been very frustrating and on many different levels. i mean, we've hit a wall when it comes to the school the student well, the pseudo code of conduct, which doesn't have anything in it about ai. the school board, even the sheriff and the police, though they were very helpful they have they had nothing in place, so they didn't know what to do with this kid and the offense that it happened now, we know looking at the photos that they are fake. i mean, because we know when that picture was taken of all the girls family members were there. we know we can put the picture side-by-side the real beautiful picture off of instagram. and then the new and so we knew that it was fake. but if you didn't know that i mean, they are so real that i mean, it is, trial porn. and there is nobody out there that's classifying it as that. so if you were a predator and you were to see these, these pictures you would not know. are you would not really probably even care, but they look like child porn of these girls that are 14-years-old. so it was very heart-wrenching. i mean, even with a warrant from the police, snapchat did nothing and it's so hard to get a hold of anybody. so we knew that he could no longer a post on those accounts based on him his conviction, but we don't know where or who is showing those pictures. they're still out there in circulation. so it wasn't until senator cruz graciously worked for us to try to get those two accounts of that kids down yeah. >> yeah. the frustration of not being able to get in touch with a social media giant like snapchat on this. and you mentioned senator cruz and this is a really interesting point because you don't often see a ton of bipartisanship in and washington these days. but senator ted cruz and senator amy klobuchar both who've been here on the source, there feeding on a bill that would make it a crime to publicize nonconsensual nude images real or fake and also would make these social media companies responsible to remove this within 20, within 48 hours of getting a notice. i just wonder, i mean, how much do you wish that this would have been in place when this happened to ellis, did it would have been amazing. i mean, because this kid who is not getting any kind of real consequence other than a little bit of probation. and then when he is 18, his record will be expunged and he'll go on with life and no one will ever really know what happened. where our girls, even though it's off snapchat, we don't know when you know, if or when those pictures might read the surface. so they will live underneath what this kid decided to do to them. and he really has no consequence. and so if this had been in place at that point, those pictures would have been taken down within 48 hours and he could be looking at three years in jail. and that would not leave his record. well, so he would get a punishment for what he actually did and you make a good point there you're about them not just being up for as long as they were, but ellison, i imagine you're 15, you have so much life ahead of you and go into college or pursuing a career. >> and i just wonder, i mean, you must be worried about these fake photos just being out there it was it's still so scary as these images are off snapchat that it's not mean that they are not on student's phones. and every day i've had to live with the fear of these photos getting brought up a resurfacing and by this bill getting past, i will no longer have to live in fear knowing that whoever does bring these images up we will be punished ellison very anaemic adams. >> thank you for coming on and for sharing such an important story that can affect so many yeah, thank you for getting it out.

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