Visit bayareafastrak. Org ase so go pay your unpaid tolls y and keep your wheels on the you are live in the cnn newsroom, im jim acosta in washington. Good evening, prosecutors in the 2020 Election Meddling case against former President Donald Trump want the judge to place new restrictions on what trump can say publicly about the matter. The Special Counsel has asked u. S. District judge Tanya Chutkan not for a gag order specifically they say but for what they call a narrow welldefined restriction arguing that trump continues to make, quote, disparaging and inflammatory attacks against people involved in the case including the judge herself, which could lead Trump Supporters to threaten or intimidate witnesses. During a Campaign Speech last night here in washington, d. C. , trump lashed out at the Special Counsel jack smith accusing him of infringing on his rights. Hes a deranged individual, and he wants to take away my First Amendment rights. They went to court to get an order that i cant speak. You got to understand, im the leading candidate by 50 points, and im leading biden by a lot, and they want to see if they can silence me. Previously in an august hearing, the judge warned trump against inflammatory comments and told him his right to free speech was not absolute, argue t ing that in a criminal case like this one, the defendants free speech are subject to the rules. Here to discuss this is former federal prosecutor shan wu. What do you think. Its good to show the former president showing affection for the First Amendment. Do we see enough reason here for something along the lines of a gag order, restrictions, limitations on what trump can say . Hes already under these restrictions. He had been warned to do that. The prosecution is kind of laying some foundation here for the record to be set hoping the judge will warn him again in writing this time, and then, you know, he could be subject to sanctions. Theoretically, a normal defendant might find himself behind bars, possibly financial sections but they have to delay the record here for it, and its actually a tough call for the judge because of the whole president ial campaign First Amendment issue. Trumps really playing into that. At this point, his defense and campaign are absolutely one in the same. There is a clear, bright line that she can use that he could follow which is say what you want about there being no evidence against him, but you cant name people. You cant target people. And that would be a bright line. In that video, you saw and hes done this repeatedly, refer to the Special Counsel, jack smith, as quote, deranged. Can the judge say to trump, you cant say that anymore . Because it seems to me, and i have to think that the judge is mindful of this, that trump is almost setting a trap, you know, the more restrictions they place on him, the more eager he is to want to violate those restrictions to see if he can draw the judge into a situation where shes punishing him, and he could use that to rev up his support supporters more and more. Thats clearly crossing the line. You think it crosses the line for him to call jack smith deran deranged. Absolutely. Original what she said, you cant target particular people, cant talk about the court, government personnel, including the prosecutors. No question thats over the line. Calling the prosecutor deranged has nothing to do with your guilt or innocence. Youre not saying i have a right to be heard, they dont have any proof. Its a personal attack on the prosecutor. And when you do that, the Special Counsels point, that prosecutors point is it makes other people worried that theyll be attacked personally, and there has been violence from his supporters. I think thats going to be pretty clearly crossing a line. The question is what kind of sanction do you impose, and to your point, leaning into imposing sanctions, maybe it will cause delay in the trial. Maybe a whole side show on whether he has to be held in contempt or held in jail. Theoretically, i was going to ask you this. What can the judge do about this specifically . If she goes Down The Rabbit Hole of setting up hearings, lets talk about what trump can or cannot say publicly about this case. That is a delay mechanism. That certainly could be a delay mechanism. Shes experienced and savvy with criminal defense tactics, having been one herself. I think she wont go down the Rehab Rabbit Hole too far, but any hearing, litigation is further incremental delay. Let me ask you this, she said if trump continued with this rhetoric, she would be forced to move quickly to hold the trial sooner. Could she do that . Is there a card that could be played here . I was skeptical of the card. Im not going to give the defense time to prepare because your client is violating the conditions. Its apples and oranges. She was using that as maybe pressure against trump. In reality, shes still going to have to make the same findings that theres been enough discovery, enough time to prepare. And what you do you think th legal team having the judge recuse herself, pointing to comments she has made in the past involving january 6th Capitol Rioters and talking about how, you know, trump remains free and so on, they say this is an example of bias, and all of that. What is your sense of it . That seems really weak. Looking at the actual comments, they seem very weak. Shes not indicating some sort of Prejudgment Bias towards him, so it almost sound as if when they put forward that kind of request, theyre almost channelling him. That really his legal team is just speaking on his behalf. Thats not really a good sign, is it, for the legal team if he is going after the judge and so theyre going to go after the judge . Yeah, theyre really not doing their job. Granted, tough job to control him, but your job as a Defense Counsel is not to cave into everything the client says, and potentially get the client in worse trouble where some years down the road, the client comes back and said, malpractice, you did a bad job. We know the Special Counsel has some of trumps private twitter communication, which is very interesting, the Social Media Platform turned over more than 30 direct messages from his account, apparently, after receiving a Search Warrant from prosecutors in this probe. What do you think of that . I mean, that is fascinating. Yeah, its we always talk about the state of mind, and how would they prove trumps state of mind. This is actually great evidence of that. I mean, hes actually doing that himself. Its not some staff doing Social Media Promotion for him. It gives insight into what he was thinking, and importantly, who he may have been talking to during those critical periods and what is he expressing about his real views of both the election as well as his real views of what they should be doing . Theoretically speaking, these are communications we didnt know about before, and if they are revealed, could be the evidence we have talked about this or speculated about this, that maybe the Special Counsel has evidence or has information that the publics just not aware of at this point, and potentially this could be part of that, i suppose. Absolutely. And for a man whos supposedly famous for not keeping a written record of everything, this is like in the electronic journal. Thats true, and its another example of how he spent too much time on twitter. Yes. In the documents case, the judge ruled on how trump will be restricted on how and when he can look at and talk about classified information, if i have that right. That may play a role in the evidence against him. The trump team is trying to down play the significance of this, the seriousness of how he handled those records. What do you make of that . Its very significant. They basically wanted to put together the secure compartmentalized information, the skiff, at maralago, my goodness, this is where he was keeping stuff, why would you let him set that up. The judge didnt go along with that. The judge is saying, you have to go with the Court Security officers rules about this, like in any case with sensitive classified information. There will be a place for you and your team to view it. But its going to be particularly carefully controlled. At least on paper. Judge cannon is saying were not going to be making this a very easy generous situation where you can let anybody you want look at these documents. It needs to be carefully controlled, and she even pointed out that mishandling these documents. These are documents that dont belong to you. These are the property of the United States right now, and you have to handle them appropriately. Thats significant. Apparently in the Meet The Press interview thats going to air tomorrow, we have seen clips of it that he continues to maintain that he can just declassify documents unilaterally. And that is just not the case. You know, especially when youre an expresident , you cant declassify anything when youre an expresident. What do you make of that, the fact that hes going out making these kinds of comments that i would think are detrimental to his cause . Its him, continuing the only path he knows how to do, thats his defense, theyre my documents. He kind of puts his argument out and lets the lawyers figure out, is there something we can do with that, come up with the legal theory to support that. Its not looking good for thathat. One genuine confusion, hes used to the world of civil litigation. There are suits going on, is not incivil litigation, and you know, hes right about one thing, when youre a defendant, a target in a criminal prosecution, the government is coming after you with their tools, their power. He doesnt quite get that. Hes not the government anymore. No, hes not. That is not the case. Shan wu, as always, thank you very much. Kcoming up on the strike, te big three Auto Companies and the uaw are at the bargaining table. Well take you live to the picket line next. Acquitted on all charges at least down in texas. Texas Attorney General ken p paxton is cleared of 16 articles of impeachment, but still in major legal jeopardy. Well explain that. 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Its really the first sign of progress we have seen in negotiations between the union and any of the big three, as you mentioned this between the union and ford, they met this morning and a source with uaw tells our cnn team, quote, we had reasonably productive conversations with ford today. Reasonably productive, jim. Certainly not a deal, but it is significant given the hostile words we have heard between these sides over the past couple of days. We know the union was set to meet with stellantis and General Motors as well today. No word yet on any progress in those negotiations. But, look, there have been really, really, a lot of hostility as i said between the sides, and just yesterday, we got a better sense of how big the divide has been, where the head of the union has said 80 of the members demands have not been met yet in any of the counter offers they have received from these big three car makers. Ford, General Motors and stellantis. Until a deal is reached, were going to continue to see this. These picket lines, 24 hours a day in toledo, ohio, stellantis, these striking workers are making 500 a week of strike pay. I want to bring one in. Ryan, you brought your daughter here today, talk to me first about your take on this news that there has been some progressm progress. I know you worked for stellantis, but some progress in the conversations between the union and ford, what do you think . It makes me hopeful theyre getting the message that were on strike and ready for this, and we have been preparing and bring a good offer to the table. Reporter why did you want your daughter to be here today . I brought her out to get her involved, so she knows whats going on with dad at work. She doesnt know a whole lot. Shes only 6, so she doesnt know about the union, about uaw and what we stand for and everything. Reporter what do you hope comes out of this . Getting better pay, and a lot of parttime people getting them on a path to fulltime so they can get in and, you know, work like we have been working. Reporter thank you so much, ryan. Thanks. Reporter and the first sign of any progress. Well see what happens with the talks with General Motors and stellantis. Yeah, gabe, that dad doing a good job there. Im sure the kids of the lot of workers are wondering whats going on with their parents, theyre not at work. Two lawmakers say they might be laying off workers as a result of the strike. What do we know about that . Reporter yeah, thats right. We know that 2,600 workers, 600 of them are ford employees, 2,000 of them General Motors employees in kansas are now going to be laid off because essentially their facilities cant operate as long as these three facilities are on strike. They cant get the proper parts in or maybe they cant distribute their materials. The big concern again is theres going to be this ripple effect. Thats the ripple effect, and look, theres been talk from the head of uaw, the union, that there could be additional facilities that strike in the days and weeks ahead, depending on progress of the negotiation. Either way, we are starting to see that ripple effect, the 2,600 employees that are going to be laid off. The union saying they wont go without an income, those workers who are not officially on strike. That presumably that may mean, jim, theyre going to get strike pay, that hundred dollars a day or 500 a week, but we really dont have a ton of details we know there could be more layoffs were going to see in the coming days. Gabe cohen, thank you very much. We appreciate it. In texas, a victory for the states Republican Attorney general who just survived an impeachment fight brought by members of his own party.