to will couldn't both mega a fine. will come to other week. we're going to yet and can wash. >> well >> although can assault by again, we'll come back eight any be with when n nine leyland as this whoa, focus okay. if i i showed ocha in any kamerra to lock of hair you know, he asks

and we hope that all of us can just hear his words. thanks so much for joining us. ac360 starts now tonight on 360 breaking news, the former president tries to keep his sweeping immunity >> claims alive and a new filing to the supreme court, hoping to further delay his federal trial on election interference. urines. >> also tonight, >> congresswoman that former house speaker nancy pelosi joins us to discuss trump's legal issues is threats to nato allies. and the race ahead. and later, new details on the woman killed that for authorities say she opened fire at joe's teens mega church in texas good evening. thanks for joining us major developments tonight in both of the special counsel's prosecutions against the former president. hours ago, the former president's legal team filed its appeal of escaping decision by a three-judge panel on the dc appeals court last week, that boundedly and unanimously rejected his claims of absolute immunity in his appeal, he asked the supreme court for a stay while his

immunity claims wind their way through the full appeals court, and then possibly land before the nine justices themselves. now, that could potentially push the already delayed trial by months. in fact, the delay appears to be the point former president's attorneys had a trial before the election would quote, radically disrupt president trump's ability to campaign against president biden also today, the former president and his legal team appeared in a florida courtroom behind closed doors with the federal judge overseeing the classified documents case the judge met with special counsel, jack smith's team separately at issue how much access the former president's attorneys should have to the classified information that's at the heart of the case. in a moment, we'll be joined by former house speaker nancy pelosi to discuss these developments among many other issues. but first, i'm joined by our chief legal affairs correspondent paula reid. paula, what more can you tell us about the trump team's legal team, the argument they made to the supreme court. >> well, in the first sense of their brief, and they quote rogi yogi berra calling the situation, quote, deja vu all

over again, because they're basically rehashing arguments have already made, arguments that have been rejected by force for federal judges. and here they're asking the court to just put on hold that skating unanimous decision from the dc circuit last week, but held that trump does not have immunity that would shield him from the federal election subversion prosecution. they want that put on hold while they exercise every possible option they have i have to try to delay this. their entire strategy, as you noted, is about delay they want to try to push this federal case until after the 2024 presidential election. why? well, if trump is re-elected, the hope is that he could have as attorney general, fire jack smith and make this case go away. >> what is this supreme court expected to do >> well, if one thing about the supreme court, harrison is they can do pretty much anything they want. they have a lot of options here, but most legal experts expect that they will set out a schedule. the chief justice will lay out a schedule for both sides to respond. i

think we can expect the special counsel so jack smith is probably already drafted a few different responses will likely hit send shortly after the schedule is issued because he wants to try to move this along because legal experts, sources, i've spoken with in and around the trump legal team. they don't expect the supreme court is going to want to take up this issue. they are already contemplating another trump case on ballot eligibility so we're not so much looking for what will the supreme court do. i mean, they could again do anything. but how long does it take for them to figure out what they're going to do here in likely send this case back down to the trial court the longer it takes for them to weigh in here, the less likely to smith can bring this case this year >> and where is it clear what came of today's hearings? one would the defense women prosecution in the mar-a-lago documents case >> so this was a closed door proceeding. we don't know a lot about what happened. we know it was expected to happen and this is something that's common in proceedings that deal with classified documents. the judge judge aileen cannon, a trump appointee, met behind closed doors with defense attorneys and former president

trump was also there and then met separately with prosecutors. but this kind of proceeding, this is also why it's widely expected that judge cannon will push the mar-a-lago documents case back further than may because it takes a lot to go through these classified documents, prepare for a trial like this. but anderson, i think the most notable thing is that the former president attended today, but he didn't make a big show of it. we didn't hear him have a press conference. he didn't make remarks, he didn't turn it into a campaign stop. now this comes after he also did not show up to the oral arguments at the supreme court last week, it appears that there's some sort of calculus about hearings for which legal hello, cases make good campaign stops and which do not >> paula reid stay with this. i'm joined by carrie cordero, former counsel to the us assistant attorney general for national security. >> so >> carrie, if the supreme court grants the stay, how soon could there be a rehearing before the full dc appeals court? and is that guaranteed or could the appeals court refused? and what are the options are ics. i

understand there's several there's a few different ways that this could go as paula was describing anderson. so, you know, one thing that the supreme court could do is they could just say, we're not going to it take this up and just rely on the dc circuit, three opinion that rejected the former president's claims of immunity, and then that would turn everything back on as it relates to the trial. so that is one option. and because there's no circuits flip here and because the dc circuit issued an opinion that was very thorough, covered all of the different constitutional historical issues. that is an option. i >> and just holding onto that option, how quickly would that option b? be done? i mean, potentially. >> well, it depends on where all of the justices are as to whether or not the chief justice has the number of

justices to that want to take up this case. so it's really a question as to whether the justices want to take this up or not, and the timing. it could be quick. i mean, they've known that this is coming. so this was not a surprise that the former president file this appeal today, and this request to stay the lower courts and mandate. and so he could it could happen quickly. it's difficult to pin down the timing because as paula was saying, it really is in the discretion of the judges whether they want to move in a matter of days >> judge gertner, a former federal judge, also joins us, judge, what wouldn't be the likelihood that the full dc appeals court court would overrule that three judges panel ruling on immunity >> extremely unlikely in fact, i think that the time it took for this decision to come out was time that they took to make sure that there would be no dissenters, not only on the

three-judge panel, but also on the dc circuit. i would imagine that that was what was going on. that that others on the full panel, we're even seeing this decision to make sure that it was bulletproof so i i don't think that that would be a very substantial delay. >> do you think the supreme court is likely to take it up, judge >> you know, this is like very hard to figure out, but one possibility here is that they deny cert on the immunity question and deny disqualified and that way they look very, judge, like >> so explain what the result of that would be. >> well, the result of that would be the della trump would be on the ballot in the various states. but the various prosecutions would go forward. in other words, immunity is denied and that would go forward but on the other hand disqualification would also be denied. that's a way of that

seems to be the most likely result, particularly given the oral argument the other day and particularly given how bullet proof this decision denying donald trump immunity is so that would be my best prediction. >> i mean, if the supreme court were to eventually take up the immunity case on the merits, can you envision a circumstance under which the court, which obviously is a conservative super majority, would rule in trump's favor i think it's less likely. i think he has he has a much weaker he is a weak case on immunity. he continues to press and just in this filing today, he continues to press this concept of absolute immunity, which basically what he's arguing is that his actions that he's been charged with his actions leading up to january 6, were all under the umbrella of actions he was taking as president, which is the exact opposite that the justice department's case against him is alleging and so what he's saying is that basically anything a president

does is including these activities is within the scope of their presence. i didn't see and courts can't review that >> so i >> don't think that that is a persuasive argument to the supreme court. there never really has been any precedent or historical backing to support an argument that a president is absolutely immune from any prosecution based on activities. of course, the justice department would argue that his activities were outside the scope of his presidential duties. the only thing that i think potentially could resonate with some of the conservative justices in particular is the allegations made in today's find filing that the timing requests by the special counsel, the requests for speed in the supreme court's decisions in this case appear partisan are politically motivated. and of course that is because we are also on the campaign calendar. and so i do

wonder whether the former president's arguments might resonate with a smaller minority of the justices. >> as today's, today's hearings about the evidence, the mar-a-lago documents case. so we don't know what happened behind the closed doors. when is judge cannon expected to do dress, whether the trial can go forward in may as scheduled? >> it's a great question, so we know we have another day of proceedings tomorrow. the foreign president is not expected to be there, so she's not done with her work on this particular issue yet, but in the coming week, she will likely have to weigh in another, of course, a lot of moving pieces and things things that could make it easier for her. for example, if the federal case here in washington, dc has to go on the calendar and bumps her. that helps her save face from having to move at herself and was also interesting in today's brief before the supreme court, i think we've got a preview of what the next phase of the arguments likely in mar-a-lago and the federal election subversion case we'll be if they can't delay these cases, they are going to start to

argue in briefs what trump has argued publicly, which is that this is all quote, election interference. and we saw that today in this brief, i think that's what is going to be really their central argument if they're not successful in delaying one or both of these cases? until after the election. >> judge gertner, i mean, how do you think that's going to play out based on everything you know about judge cannon and the status of the other trump cases in different juristic jurisdictions. >> there's a way in which the department of justice was sort of i don't think actually outmaneuvered, but i do think they're trying to help my new for them. we just to say they buried the heart of justice barry, the defendant, with all the kind of information that no defendant ever gets at the beginning of a trial. i mean, they would be no delay on the part of disclosure. now, the lawyers for trump are trying to say, well, okay, we actually want to disclose some of which you've disclosed to us which means uncovering witnesses and

to some degree jeopardizing classified information. they want to use the proceedings. as paula said, to be part of the campaign. and then the latest filing, they they really tried to make a selective prosecution argument, which is the notion that you're prosecuting me, but you we didn't prosecute hillary clinton, joe biden, et cetera. et cetera. it is ridiculous. it is ridiculous on the law, and it is ridiculous on the facts to your question where judge cannon will allow it candidly, judge cannon has acted in ways that we're totally inconsistent with what i think any other judge would have done. so the answer is a categorical, thunderous. >> who knows? >> yeah, interesting that the foreign president chose to go to the court today to be there in front of judge cannon judge gertner. thank you. carrie cordero polls i'll read as well and join right now by democratic congresswoman nancy pelosi, former house speaker, that to figure thank you for being with us. so the foreign president's trying to rewrite history, looters, ludicrously. now claiming you were behind

the insurrection the capitol saying he should have total immunity you've seen a lot of presidents of close, if a president had total immunity as trump claims, what would that mean? what would that actually look like >> that would mean that height. anderson, nice to be with you? that would mean that this president thinks that he is above the law. and i think that he is on trial for certain things. i think the supreme court is on trial as well to see if they would uphold the decision of the dc district court. and and while the four votes to hear it, five votes for a stay how could they possibly give a stay for justice to proceed how could they possibly give a stay? so this is really, again, he always thought he was above the law. he's trying to make that a case. that's not what our founders had in mind they knew there could be a rogue president. i don't think they thought that could be a rokhsar cream court as well.

>> do you have confidence in the supreme court? to me to should clarence thomas have recused himself given his wife's activities >> absolutely. well, you should have for a long time. but the rules of the senate, the protocols of the senator such that they really are not living up to a high ethical standard. and he you should have been recusing himself or they say the rule is that it's up to the person to recuse themselves. they have no peer pressure, anything to address that, but his wife is so involved in everything that was happening on january 6, bragging about it. and there is i spoke to former governor chris christie last week. he said he thinks it's likely the form president will be accepting his party's nomination july as a convicted felon, do you think trump will actually stand trial before the election? >> who knows, this is a person who's not whose sanity is not on the level, thinks he's above the law. he's a national security risk need and just

listen to his own words about encouraging putin to invade countries that may not have paid what he thinks they should pay for nato dos, and that we will not honor our responsibility to nato. title 5-2 two protect them, dusted, they joined in protecting us after 911, we would not honor our commitment to them. so we're dealing with somebody who's not on the level the exert on the level legally, not only level security, not on level personally, the extraordinary thing about that, about trump's saying and that encourages russia to attack nato you countries. marco rubio, who was asked about it by jake tapper, said he had no concerns about that. other republicans didn't baton. i mean, what is this? it seems like an extraordinary statement for somebody who was a president and wants to be president. again, what would that do to america's standing in the world, to america's strength in the world.

>> but it would be, as i say, it would look, it's not just alone at the same time in the same period of time. the president is talking about nikki haley's husband who was on duty in the horn of africa. and dismissing that of where's the why isn't he here? well, if you want of us had a friend of a family member or something who was on duty and service to our country. and was treated with that in that manner something's wrong there. and then same thing with their own obligations as a present, i can't speak to what nic marco rubio thinking about this, you'll have to ask him. but what i'm saying to you as this now, this is this is dangerous. i i had the privilege of being invited to the munich conference. munich security conferences coming weekend usually we have at least 10% of the congress that goes their house and senate, democrats and republicans, and a very

bipartisan way to talk about our security our mutual security, our transatlantic relationship. the commitment to nato, our friendship with the eu and the rest and people now have expanded to come from other parts of the world, not just europe and the united states and canada and how do we even hold our heads up when we haven't, we haven't passed the legislation to fund ukraine to fight putin, ukraine courageously, courageously fighting for their democracy and hours the countries of europe bordering ukraine and border in russia know that they're at risk. and then we have a precedent setting invade them if they haven't done what i think they should do he also did that when he was president so it is to your question, yes yes. it's not a good sign about america's commitment to global security. as you know, the senate was working. >> again, we have to show the difference that not everybody agrees with this. even some

republicans don't. you name one person, but i think there are many republicans who have someone ease with this as you know, the senate was working through the weekend to try to make progress on a foreign aid bill with assistance to ukraine in israel. do you think speaker johnson will bring that bill to the house floor if it passes the senate well, he says no, but let's just see when it passes the senate. public sentiment is saying what, what is it going on here? you know, what is going on here now, one thing that about all that, that is really sad is that the president, president biden for long time has had in that let legislation, humanitarian assistance to people in gaza and that would be at risk as well ukraine, its moral responsibility. i mean, it's in our interest to help ukraine. it's in our interest to help ukraine the way to israel is something that we're committed to, but we also have, are concerned about the hostages

and we're concerned about the people of gaza and their need for humanitarian assistance. this is not how resolve conflict should be resolved in this way with people. in a sense, civilians dying and those numbers but they do need humanitarian assistance. but that's being held up as well >> speaker johnson had said he will not bring it bring it up our leader, hakeem jeffries said that he is not has not ruled out using a >> discharge petition, which is a parliamentary maneuver to try to bring a bill to the floor. and also digest, see where all of the republicans on this, because we've had over 300 votes assistance to ukraine but strong bipartisan support for that in the congress. so this isn't a partisan issue. and most respects, but it is. you saw the other day they brought

up two bills. they didn't have the votes for what do you think a speaker johnson? >> i mean, you would not have brought a bills. you didn't have the votes for >> never never. but >> what i say is, i mean, i wish him well, he's the speaker of the house. i wish him well, which we can find a path i offered help anyway, i could, but i think the republicans wanted trump as their speaker and you offer to help them count >> well, you know >> the thing about it is i'll just use this word that is really lacking on the republican side, both in the congress and with what's his name used to be president? respect respect your members, listen to their concerns build your consensus, and then you come to the floor with the votes, but you don't come to the floor without the boats and then say, oh, i thought i thought it was going to be different. know, this is objective numbers objective

numbers. and then in terms of respect, the president has, doesn't respect the congress he doesn't. well, i don't know what is that a tunas to the court. he appointed them, i guess he expects and they owe him or something. he doesn't respect our global relationships. he doesn't respect our commitment to nato the lack of respect across the board personally, politically, globally. and in so many ways. and i just wish it were different. i pray for the president all the time. i pray that he would open his heart to wisdom his mind to wisdom as to goodness, but it's a hard sell comes from pelosi, if you would just stay with us, we're gonna take a short break. got a lot more to discuss, including the 2024 campaign, new concerns. obviously that president biden's age also tonight, the latest in that shooting, joel osteen mega church in texas. we have new information on the alleged shooter and the seven year-old child who was with her and critically wounded >> the source with kaitlan

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speaker nancy pelosi. >> do you think that is the >> avenue that president biden should go down on this sort of poking phone add, add. i mean, his ages, his age >> they just as age, yes. i'll tell you this though. i've worked with the president for long time, especially closely as speaker when he was president. and now since then, and he knows hey, he's always on the ball. he knows these issues, he knows the legislation he helped write some of it. he campaigned on it. and you remember that anyone who would think that at some advantage because of his age thinks that at their peril, because he's very sharp. >> what there are i'm sure you hear this from democrats all the time. there are democrats. a lot of democrats who have concerns though about his age, about his mental fitness how much of him stumbling over words or for saying mexico instead of egypt? what do you

say to people about their concerns >> well, i think that people do make mistakes. i think his age is one thing that's an objective fact. his making mistake from time to time. we all do that when >> the former ex >> president defeated president trump made a mistake about one thing or another. he make the same mistake seven times. it wasn't a slip of the tongue. it was a complete going down a path of something that wasn't even true intentionally, or otherwise. so i think that again, age is an objective fact, as i say, it's all relative. he's younger than i am. so what do i? you have to say about his age? but he is again knowledgeable, wise. and after the football game yesterday, which i was sad, we are proud of the san francisco. >> i didn't want to bring it up with you brought it up? >> but i brought it up. is because at the end of the game, you saw experienced prevail. we have a new fresh team. wait

till next year. we're getting already for it. >> but you saw experienced prevail at the end experience is so important. so joe biden has vision, he has knowledge, he has a strategic thinker. this is a very sharp president in terms of his public presentation. if he makes a slip of the tongue, here are there what's the deal? he is he different needs. imad to lay and what he hasn't his heart empathetic, empathetically for the american people? >> you see a difference in his >> public presentation from what you see when you sit across the table from him or in a meeting with him? i did a podcast interview with them for about 30 minutes and again, it was on emotional subject was about grief. >> but he was >> very involved. i mean, he was fully present, fully cognizant, and sharp, and that really made an impression on me. his public presentation is very different than what is it. i mean, does that what you're saying it's very different

than what you see in meetings yeah. but i think is public presentation is okay. i think in meetings you see firsthand that he he's on top of the situation. he knows what's going on and why we've been having this conversation. we're talking about joe biden, the president of the united states, compared to but it isn't just the comparison. it's about what he brings to the table years of experience depth of knowledge that is, again, very deep, breadth of experience that serves us well beauty of his, his judgment and his vision for our country. i tell you, i care about this country so much since a little girl i've loved the flag all the way and i always say my favorite line in the national anthem is, and our flag is still there. are flag is still there. that's when i

cheer at the game >> and >> so this is a person who super patriotic very knowledgeable, and helped times what i'm talking to him. he'll say, you don't have to tell me that i know that. i know that full well, even if i'm trying to make an extra point on something, so if i didn't care about america so much, i wouldn't be as enthusiastic about joe biden for president again, so much it's becoming somewhat famous now, prison trump in new hampshire, apparently trying to criticize you. you were referencing this, but i just want to play that because i was curious what you thought when you saw this by the way, they never report the crowd on january 6, you don't, nikki haley? nikki haley. nikki haley, you know. do you know they destroyed all of the information, all of the evidence, everything deleted a destroyed all of it. all of it? because of lots of things like nikki haley is in charge of security. we offered or 10,000

people, soldiers, national guard, whatever they want. they turned it down i mean, none of the facts he's saying are actually true, but obviously he was trying to talk about you calling her nikki nikki haley >> what, four times he made a mistake in a very short period of time. so that's a different story than a slip of a tongue. but i will say that on that score this is really sick. this is a president who refused to send the national guard for hours. and now he's doing what he always does. he protects he projects his own guilt onto other people. >> you're actually >> only take >> projecting, you're actually on tape that your daughter happened to be filming on that day where you are trying to get the national guard or military to send troops to the capital. you're saying think about it as if it's a white house. think about it like it's the pentagon yeah >> not only me. >> chuck

>> schumer, mitch mcconnell. mitch mcconnell said you better get them over here on a hell of a fast or some terminology like that. yeah. i mean, this is ridiculous. it's fleet it with the secretary of army, we played with him to appeal to the secretary of defense. oh, it's going to take a long time. i'm i have to go talk to my both all of that. what so sad is the district of columbia, unlike any state in the union, the head of the district of columbia does not have the authority to call up the national guard that has to be from the executive branch. and they know they didn't do it. and now they tried to turn turn it around, but that's the story of his presidency, always projecting his own failures and then trying to put it onto somebody else. it's really a sad situation for a country because he's been a national security risk he was a personal risk that day for so many people were injured, hundreds, over 100 police officers, law

enforcement people were injured, some people died. and this person doesn't even know who he's talking about. there is anybody making a fuss? as anybody making a plus for some reason, it's okay if you're 77 and making a mistake 75 times in a row wherever you did then. but if you're joe biden and they hold you to a higher standard, but they always hold democrats to a higher standard. we can live up to it and i'm very proud of the president. and now when it comes to these documents, the president has been open. he president biden has been open. he has given access to is then used his home here and they're his documents, whatever it is. and this other one have you had to have a subpoena to even have access denying he had them and telling his staff to comply with his misrepresentations about it so it's really said what the special counsel came out with. he is he should've

you prosecutor, you don't it's a professional thing to do to start deciding what somebody's age do you know that before before? trump was president before he was president. so now we're going back about what seven years so we was 70 or 69 at the time over 1,000 times he said, i don't know. i can't remember. i don't know. again, over 1,000 times in depositions so people say that in deposition song 1,000 times, you something's wrong there, but nonetheless, so for this reported to go into the personal aspects of somebody saying, i don't know, i don't remember when they didn't really call it out on other people. but anyway, we don't agonize, we organize as we have a great candidate, joe biden, president of the united states, kamala harris were on the road

to victory. as i say but just when baby we have a will to win and we will win because it is the right thing for our country. in the meantime, we have a security risk. who wants to be president again? gosh you just can't let that happen to our country. >> thank you for your time appreciate it. coming up next. a pleasure. >> but police have revealed about the woman who >> they say open fire, joel osteen is mega church in texas, including where they say was found on her gun. also, what we know about her young son who was with her and who is in critical condition mission bad debt, holding you back >> all, your ambitions all in

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i'm daniel lurie and i've spent my career fighting poverty, helping people right here in san francisco. i'm also a father raising two kids in the city. deeply concerned that city hall is allowing crime and lawlessness to spread. now we can do something about it by voting yes on prop e. a common sense solution that ensures we use community safety cameras to catch repeat offenders and hold them accountable. vote yes on e. >> grow your business with freelance ai experts, fibers >> united states of scandal with jake tapper. sunday a nine on cnn tonight, authorities in texas have revealed new details and the woman who they say open

fire, joel osteen is mega church on sunday sending worshippers running for cover between services. this includes what police say was found on the gun that could be the key to the investigation. two people were wounded in the attack, including one critically what the woman's young son, ed lavendera has details >> thank debicki you. repeat gunfire blast, ring out just before a spanish language service was about to begin at joel osteons lakewood church >> in houston sunday afternoon police say a 36 year-old woman entered the prominent mega church with her seven-year-old child. she was wearing a trench coat, carrying a bag to rifles shooting the, ar 15 she used to unleash the barrage of gunfire, that firearm the shooter used in the attack had a sticker with the word palestine written on it. police say she started firing the ar 15 the moment she walked into the lakewood church

building, my mom was screaming and then my mom said come, come, and we ducked two off-duty officers working security for the church responded to the gunfire. >> people down >> the suspect was shot and killed at the scene, and her child was shot in the head and is in critical condition. >> i want to asked for prayers for a seven year-old kid who's fighting for his life, the second victim was a 57 year-old man who was hit in the leg by gunfire. he's been released from the hospital. one of the off-duty officers who shot and killed the shooter is an agent with the texas alcoholic beverage commission who had just recently finished training it active shooter response. >> these two officers held their ground they held their ground in the face of rifle fire at point-blank range. >> police say after she was shot, the suspect said she had a bomb though no explosives were found in her backpack or the car she drove to the

church. investigators also carried out an extensive search of the shooter's home in the city of conroe, about 40 miles north of the lakewood church. as they continue to dig into a more clear motive of this shooting attack, the shooter has used multiple aliases, including both male and female names, has a criminal history and has been previously convicted of assault and unlawful carrying of a weapon, among other charges, police say they found anti-semitic writings connected to the shooter. >> we're all still pretty shook up and we're pretty scared. but i mean, like we're not going to allow that, you know, this sphere to be in because this is our church and this is a place of prayer and worship. and we still want to come back and we still want to pray and worship here >> anderson police said that from the moment this woman walked inside the church and everything was over, it only lasted about 12 minutes and eternity for people inside, but investigators also say this woman has a history of mental illness that have been documented by the police here

in houston for several years. as i mentioned, they discovered this anti-symmetric writing that they say belonged to her. and we're also told by investigators that the woman had an ongoing dispute with her ex husband's family, and we're told by investigators at some of those relatives are jewish. >> anderson, i love in eric, thanks so much still ahead than judge overseeing the former president's georgia election interference case is signalled that fani willis, the fulton county da, who brought the case against him, could be disqualified. what the judge said today, next do picks. it helps you do more with less >> asthma and can help you breathe better in as little as two weeks good such as an add-on treatment for specific types of moderate to severe asthma that's not for sudden breathing problems. do picks him to can cause a verdict reactions that can be severe, get help right away if you have rash, chest pain, worsening, shortness of breath, tingling, numbness in your limbs? tell your dr. about new or worsening joint aches and paying for parasitic infection don't change your style. asthma medicines including steroids

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for? >> go to fabletics.com today and get? 70% off every single thing. >> news night with abby philip tonight at ten eastern on cnn. >> fulton county district attorney fani willis, who is prosecuting the former president in the sprawling georgia election interference case, may now have to testify about allegations of misconduct involving her and her lead prosecutor, nathan wade willis, is accused of having an improper relationship with wade and benefiting financially from hiring him. today, the judge overseeing the case that he would move forward with a thursday hearing on motions to remove her soon as nick valencia has details i think it's possible that the facts alleged by the defendant could result in disqualification. i think an evidentiary hearing must occur to establish the record on those core allegations. >> judge scott mcafee, making clear he's taking seriously the allegations against fulton county district attorney, fani willis. >> the state has admitted a relationship they've existed. and so what remains to be proven as the existence and extent of any financial

benefit? again, if they're if they're even was one. >> now, the stage is set and willis may have to take the stand in her own defense during a hearing set for thursday the da's office is working to get the election racketeering case against donald trump and his allies back on track for a desired august trial start date instead, they are now preparing to answer questions about whether or not willis financially benefited from hiring the prosecutor. she hand-picked to take on trump, nathan wade. >> the defense is not bringing you the defense is not bringing you. the defense has bringing new gasset and the state cannot and the court should not condone that practice. >> it's been over a month since the explosive allegations surfaced of wade using money earned on the case to take willis on lavish vacations. but just from the hearsay affidavits be in court monday, ashleigh merchant, the defense lawyer who accused willis of a conflict of interest, now says she plans to call a witness who

will prove willis and wade are lying about when their relationship began, the relevant information that mr. bradley has to this inquiry is that this relationship started prior to mr. wade being appointed as a special prosecutor in this case, bradley, the onetime friend, colleague, and divorce attorney of nathan wade, appears to be merchant star witness. merchant, who represents trump co-defendant mike roman, signaled she had financial evidence to prove wrongdoing, but didn't offer any specifics in court on monday mr. roman, that has tried to create a circus charlie bailey, a close friend of willis and political ally, says, willis has never backed down from a >> fight and has no plans to recuse herself. >> she's pretty tough and it's not the worst thing. she's been through in the context of this case. >> or >> in her in her life so far, romans motion to have willis thrown off the rico case has been adopted by six co defendants, including trump, a scenario where willis is disqualified would be a

nightmare for the da, but wouldn't necessarily mean an immediate end of the case, according to pete skandalakis he's the one who would be responsible for finding ana a new prosecutor if willis is removed, it is historic indictment. it's a historic event. and you have to find somebody with the resources and experience that is capable of handling this type of case >> anderson, if fani willis is disqualified replacing her, won't be an easy task, especially considering the politics and safe he'd be concerns surrounding this case. it goes without saying any change to the da's team would derail this case and delay it indefinitely anderson, nick >> valencia, thanks so much. still ahead. a preview of tomorrow's high-stakes special election here in new york to replace indicted and expel congressman george santos. the serial fabulous, who's accused of stealing money from his campaign in another charges, all the turning twists and turns. the led to this next

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daily harvest takes care of fluids. so that can take care of you, get started today at daily harvest.com. >> i'm arlette saenz at the white house and this is cnn you're in. >> new york and nor'easter could impact voter turnout for tomorrow's crucial special election for placing spell republican congressman george santos, who admitted to lying about much of his resume and was forced out to an ethics probe and nearly two dozen criminal charges accusing him of campaign fraud and other crimes. republicans want to hold onto the seton are backing nassau county legislator mazi philip, who was born in ethiopia and immigrated to the

us from israel, where she served in the idf on the democratic ticket is former congressman tom susie, who gave up the seat in 2022. suozzi, excuse me, when he ran failed campaign for governor, both parties have poured millions of dollars into the race since republicans have a narrow lead in the house, are ready. kate tonight looks at how we got to this point there's a santa fuel you guys got to let him to you guys got to let them in the elevate. >> but mr. santos doesn't the public deserve to know this was the scene for much of george santos's time in congress a lot of questions about santos's past and not a lot of answers. suspicion about his life story gain traction in december 2022, about a month after he was elected. that's when the new york times published an investigation that exposed santos for the fraud he was it revealed santos had never attended baruch college or worked for goldman sachs or citigroup as he claimed, it was revealed that santos had fabricated much of his biography from where he worked, where he went to school, his

religion even his mother's brush with fate on 911. >> she was in the south tower and she made it out got caught up in the ash club. >> santos also claimed he attended one of the most prestigious private high schools in the bronx that need a good prep school. >> so, which was horsemen prep. >> i actually went to school on a on a volleyball scholarship >> none of that was true. none of it santos also dragged his grandparents into his web of lies. >> my grandparents survived the holocaust. >> i'm also jew. >> ish none of that was true, either, yet, santos remained defiant. >> have nothing to >> hide after the new york times article, santos admitted to various media outlets that he did embellish his resume still insisting he wasn't a criminal. >> i'm not a fraud. i'm not a fake. i didn't materialize from thin air. >> what about the reports that santos had promised to raise funds for lifesaving surgery for a navy veteran's dog, then took off with $3,000 raised through gofundme the dog died

and santos denied the allegations. santos caught the attention of law enforcement and was soon under investigation by the nassau county district attorney and the department of justice last year, federal prosecutors indicted santos, charging him with 23 counts of fraud and money laundering santos pleaded not guilty to all 23 federal charges, and was released on $500,000 bond. >> the reality is is it's a weird time the house ethics committee had also been looking into santos and released a scathing report. the panel said santos used campaign money for travel and botox even for payments to onlyfans an online subscription service that mainly traffics in pornographic content additionally, investigators found santos had reimbursed himself with donors money for campaign loans. he didn't make one of the >> things they say is that there's a $500,000 loan that you made. >> i've been oh, i made 500,000 but you had $808,000 in your

bank account and there say there's no evidence that like i said, i made i made i can guarantee you that i made the financial loans so my campaign that are on the record in the wake of the report, santos announced he would not seek a second term, but defiantly refused to resign. the ethics report was simply too much for many of his fellow republicans to swallow. >> in >> december of last year, the house voted to expel santos from congress. >> they just that new dangerous precedent for themselves why would i want to thank her the hell would the place >> and anderson george santos told cnn recently that he lied because of insecurity and stupidity. we are actually outside his former office here in queens. there is, of course that special election tomorrow. this office has been dark for quite some time now. and of course, there's the federal criminal investigation that george santos is still facing, which i mentioned that is expected to go to trial in september if he doesn't strike a plea deal and if he is found guilty in that case, anderson, he's facing a maximum of 20 years in prison randi kaye from

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