state to 31 georgia appellate 22. that's 1998 case, stated a potential conflict of interest existed in the appearance of impropriety existed davenport v. state 157 georgia appellate 70 for this 1981 case that was decided seven years before williams, when there is at least the appearance of impropriety, a defendant is denied phantom fundamental fairness in the state's prosecution of the charges against him or her there were also rules that govern prosecutors lawyers, and in general are bound to preserve and avoid even the appearance of impropriety that's brown v. state to 56 georgia appellate 603 to zero to 2000 to head v. state they prosecutors close personal relationship with the victim in a case may create at least the appearance of a problem execution unfairly based on private interests rather than one properly based on vindication of public interest aba, criminal justice standards for the prosecution function standard 3.3 dash one point to see prosecutors should avoid appearance of impropriety and performing the p

there are number of georgia keys that repeat that theme, reeves v state, georgia appellate 22, that is8 case. the state of a potential conflict of interest in the proprietary. 157 georgia appellate 704, 1981 case. that was decided seven years before williams. and there is at least the appearance of impropriety in the defendant denied fundamental fairness in the state's persecution of the charges against him or her. there are also rules that govern prosecutors, lawyers in general are bound to preserve and avoid even the appearance of impropriety. that is brown v state, georgia appellate 603202, 2002, had v state, they prosecutors close personal relationship with a victim in the case. it created at least the appearance of a prosecution rather than one property based on vindication of public interest. ava criminal justice standards for prosecution function standard 3.3-1 -- prosecutor should avoid appearance of the proprietary and perform the prosecution functions. 3-1.7f, the prosecutor should not permit the prosecutor professional judgments or obligations to be affected by the prosecuto

in amusement sales versus state, georgia appellate 727.t's a case that cites whitworth, the court said if the assigned prosecutor has acquired a personal interest or stake in the conviction, the trial court abuses this discretion in denying a motion to disqualify him and the defendant is entitled to a new trial. new trial even without a showing of prejudice. so that means if we show the court today -- i think we have through the proceedings today and before -- that ms. willis has developed a very personal interest in this case and your honor denies this motion, we're coming back all over again if the appellate courts say you were wrong. >> so what is that personal interest? >> the personal interest can be -- there's no definition of that under georgia law, and it could be o'a personal financial interest. it could be a personal interest related to bias against a particular defendant, which sort of falls into the forensic misconduct box. but we have here a very personal financial interest that's been laid out in terms of money received by ms

they're making the case to a georgia appellate court two again, and remove fani willis from this case. and here's what they're saying. and part of the filing which is just downright scathing, de a willis has covered herself and her office in scandal and disrepute the trial court's decision not to disqualify de a willis under these circumstances is a structural error, a violation of the defendants due process rights and seriously denigrate the public's confidence in the integrity of the criminal justice system. look, we did reach out to the da's office. they declined to comment. we could only anticipate a very pointed response from de a willis, a source with knowledge of this process says the georgia appellate court will have 45 days to make its decision. jim what had the da previously said about the possibility of appeal and i wonder, as you're as you're answering the rest of the trial procedures continue as this is being considered, correct >> that's right. this is an interlocutory appeal which means the case can proceed forward while the georgia appeals course ways whether they're n

they're making the case to a georgia appellate court to again, remove fani willis from this case. and here's what they're saying. king and part of the filing which is just downright scathing da willis has covered herself and her office and scandal and disrepute the trial court's decision not to disqualify willis under for these circumstances is a structural error, a violation of the defendants due process rights and seriously denigrate the public's confidence in the integrity of the criminal justice system. look, we did reach out to the da's his office. they declined to comment. we could only anticipated very pointed response from da willis, a source with knowledge of this process says the georgia appellate court will have 45 days days to make its decision. jim what had the da previously said about the possibility of appeal and i wonder, as you're as you're answering the rest of the trial procedures continue as this is being considered, correct? >> that's right. this is an interlocutory appeal which means the case can proceed forward while the georgia appeals course weighs whether

they're making the case to a georgia appellate court to again, remove fani willis willis from this case. and here's what they're saying. and part of the filing which is just downright scathing, da willis has covered herself and her office and scandal and disrepute the trial court's decision not to disqualify da willis under these circumstances is a structural error, a violation of the defendants due process rights and seriously denigrate the public's confidence in the integrity of the criminal justice system. look, we did reach out to the da's office. they declined to comment. we could only anticipated very pointed response from da willis, a source with knowledge of this process says, the georgia appellate court will have 45 days to make its decision. jim what had the da previously said about the possibility of appeal and i wonder, as you're as you're answering the rest of the trial procedures continue as this is being considered, correct >> that's right. this is an interlocutory appeal which means the case can proceed forward while the georgia appeals course ways whether or not they're

and why the state would submit to the court and the most recent ruling out of the georgia appellate courts that an actual conflict is required to be sh shown. i am going to skip through these series of slides. you have heard about them. i go back to what we referenced earlier, what has been referenced by all parties, the grounds by which a district attorney can be disqualified is where there is a conflict of interest sound and where there is forensic misconduct of that is found. those are the two grounds that are to be within the purview of the court as it relates to the issues here. i go back to the most recent case that the justice wrote about, it must be by failing to disqualify the assistant district attorney absent an official conflict of interest. it is clear and controlling and purposeful. an actual conflict of interest is what is required for a district attorney to be disqualified because the case is making very clear and through the president relating to this issue that a disqualification of a district attorney is the last ditch effort that should be exercised as it relates to cou

normally to the georgia appellate court it.takes 45 days, the judge signaling that before it goes to trial suggests to me maybe he wasn't too sure about his own decision. what say you? >> well, this judge has done a terrific job so far i think. is he a real straight arrow wheamplet said is the issues in this case, especially regarding ms. willis are so important it's appropriate for the court to hear it by way of interlocutory appeal. however, he said, is he going to go forward and consider the other pre-trial motions and so on. he is not going to wait for a decision with respect to that. but, listen from, what we saw ms. willis and her testimony, they might well be better off keeping her on the case. >> judge jeanine: you know, i think they should have kept wade on the case the way that guy was sweating bullets when he was on the stand. can you tell he has never been in a courtroom before. the one of the problems is you have got the georgia senate investigating her and another agency investigating her. i was a prosecutor for a

appellate courts that an actual conflict is required to be shown. i'm going to skip threw these series of slides. you have heard all about wentworth. i go back to what we referenced earlier, the grounds in which district attorney can be disqualified is where a conflict of interest is found, and where there's forensic misconduct that is found. those are the two grounds that are to be within the purview of the court as it relates to issues here. again, i go back to the most recent case that was justice pinson wrote about, and that must be by failing to disqualify the assistant district attorney, absent an actual conflict of intersection, i think the language there is very clear, and i think it's very controlling, and i think it's purposeful, i would submit to the court because an actual conflict of interest is what is required in order for a district attorney to be disqualified because the cases make very clear and through the precedent relating to this issue that a disqualification of a district attorney is the last, for lack of a better word, ditch

appellate court to overturn judge mcafee decision and remove fani willis from this case. here's part of what they're saying in t their filing, which is downright scathing de a willis has covered herself and her office in scandal and disrepute the trial court's decision not to disqualify willis under these circumstances is a structural error, a violation of the defendants due process rights and seriously denigrate the public's confidence biden's, and the integrity of the criminal justice system. we did reach out to the fulton county da's office, but they declined to comment. however, we should expect a response in writing, a source would not knowledge of the process tells us that the appellate court will have 45 days to make a decision that of course, all of this underscores just how much of the disqualification of fani willis still hangs over her head. and this case, even as she and her team tried desperately to bring the focus back on criminal charges against the former president and his remaining co-defendants nick valencia cia, cnn, atlanta. >> all right. now to baltim

appellate court to overturn judge mcafee decision gen. and remove fani willis from this case here's part of what they're saying in their filing, which is downright scathing. de a willis has covered herself and her office and scandal and district acute the trial court's decision not to disqualify da willis under these circumstances is a structural error, a violation of the defendants due process rights and seriously denigrate the public let's confidence in the integrity of the criminal justice system. we did reach out to the fulton county da's office, but they declined to comment. however, we should expect a response in writing course with knowledge of the process tells us that the appellate court will have 45 days to make a decision. that of course, all of this underscores just how much of the disqualification of fani willis still hanging things over her head and this case, even as she and her team tried desperately to bring the focus back on criminal charges against the former president and his remaining co-defendants. nick valencia, cnn

appellate court overturn judge mcafee is decision and remove fani willis from this case. and here's what they're saying. and part of their filing which is scathing, de willis has covered herself and her office in scandal and disrepute the trial court's decision not to disqualify de a willis under these circumstances is a structural error, a violation of the defendants due process rights and seriously denigrate the public's confidence in the integrity of the criminal justice system. we did reach out to the fulton county da's office, but they declined to comment. however, we should wait for their response in writing. a source with knowledge of this process says that the appellate court will have 45 days to make its decision. but of course, all of this underscores just how much the disqualification fani willis still hangs over her head. and this case, even as she and her team tried to bring the focus back on the criminal charges against the former president and his remaining co-defendants victor amara >> thank you >> meanwhile, willis isn't letting the threat of a possible g

and the most recent ruling the georgia appellate courts that an actual conflict is required to be shown so i'm gonna skip through these series of slides you've heard all about what worth >> so i go >> back to what we referenced earlier. what's been referenced by all parties that the grounds in which a district attorney can be disqualified is where a conflict of interest is found and whether forensic misconduct on that that is found. those are the two grounds that are too be i guess. >> all right. within the purview of the court as it relates to the issues here. and again, i go back to the most recent case that was justice pensone wrote about that it must be that by failing to disqualify the assistant district attorney absent an actual conflict of interests. i think the language there is very clear, and i think it's very controlling. and i think it's purposeful. i would submit to the court because an actual conflict of interests is what is required in order for a district attorney to be disqualified because the cases make very clear. and through the precedent relating to this issue, that

and so once the georgia appellate court has both those responses, they'll have 45 days to decide what to do next. but obviously, this really underscores just how fani willis is disqualification still lingers over this case. even and as the da's office is trying really desperately to get the focus back on the criminal charges against the former president and his remaining co-defendants, jim miklaszewski of thanks so much. let's dive in now with our panel, ashley amid this has been a typical strategy of the trump team. they they have the right to appeal. they often lengthen those appeals and appeal everything, right does this one have any chance? i mean, the judge considered this issue already said removed nathan wade, fani willis can go forward does this latest appeal have a chance of if not delaying forcing her out? >> i think it will delay the trial, which is part of trump's strategy to continue to have it going longer and longer to go past the election with the hope that he wins and then all of these things fall apart. the only difference is this is the state case. and so this canno

and his former personal attorney, rudy giuliani, are asking the georgia appellate court to overturn judge mcafee is decision and remove fani willis let's from this case. and here's what they're saying. and part of their filing which is scathing de a willis has covered herself and her office in scandal and disrepute the trial court's decision not to disqualify da willis under these circumstances is a structural error, a violation? the defendants due process rights and seriously denigrate the public's confidence in the integrity of the criminal justice system. we did reach out to the fulton county da's office, but they declined to comment. however, we should wait for the response in writing. a source with knowledge of this process says that the appellate court will have 45 days to make its decision. but of course, all of this underscores just how much the disqualification of fani he willis still hangs over her head and this case, even as she and her team tried to bring the focus back on the criminal charges against the former president and his remaining co-defendant victor amara >> all righ

appellate court to review that decision made by judge scott mcafee and reconsider removing the entire fulton county da's team here that that's including fulton county de fani willis. we don't have a full-screen for this statement just yet as we've got it, but i haven't here in front of me. and this is what they're saying in part saying while the trial court factually found da willis is out of court statements were improved copper and defendants proved an apparent conflict of interests. the trial court erred as a matter of law by not requiring dismissal and de willis's disqualification. this legal error requires the courts immediate review again, they're asking the georgia court of appeals to take up their appeal. we should expect the fulton county district attorney's office to file their own legal motion saying why they believe that at the georgia court of appeals should not take this case after the court of appeals gets both those statements. they'll have 45 days to decide what they're going to do. in the meantime, we're also hearing from the former attorney for the former president,

in the normal operating procedure and that georgia appellate court they do so in 30 days so the question is, will they accepted and if they accept, it will lay stay the proceedings, not necessarily. they could let this go on. so there doesn't necessarily have to be a halt of the proceedings at the trial level. >> and of course, so far, they have 45 days. we don't yet know how long it'll take to do this, but it could very well be resolved sooner than that. each other me ask you, because fani willis as you have seen, has been a very popular target for the trump legal team. and his supporters since the very beginning. and the longer this drags on, the more sheets certainly is in there. crosshairs, so to speak. well, this tactic more broadly, be to delay. i mean, she just the sort of pretextual reason to get this case delayed well, i think you told 90% of the story right at the beginning of the segment, when you said delay, delay, delay that is >> clearly the trump's strategy on every single one of these cases. when judge mcafee ruled here, he made clear that he wasn't wild about the behavio

it allows trump and eight other co-defendants to go to the georgia appellate court.gnificant. the appellate court has to decide to take it. just because they apply, doesn't mean they'll take it. the most important thing about what happened today with mcafee is the fact that he announced in his order, i'm still pushing this case. i'm going to continue to address certain things going on and i don't care whether or not this appeal is taken or not. this train is continuing down the track and the path towards trial. i got a problem. there's no trial date. so i appreciate the energy from judge mcafee. come on, buddy, give me a trial. >> andrew, that appetite for timeline is shared by most of us. quick question on the hush money case. this case was supposed to begin monday. it's been delayed to mid april. today you had stormy daniels meeting with alvin bragg's prosecutors. there's a hearing monday. what are you expecting from that filing? >> well, everyone is trying to figure out why was there a delay in all of these documents coming from the southern district of new york t

factor in all of this in georgia, some appellate courts have said that you need to show that there's some kind of palpable are tangible conflict of interest. so they would need to show, for example, that fani willis financially benefited through sharing assets with nathan wade that she had some kind of significant material benefit from the vacations that they went on together, something like that. however, there's a few other cases that seem to suggest that maybe an appearance of impropriety would be enough the perception that there was some wrongdoing and so i think that there could be a little bit of trouble here for the district attorney's office. judge mcafee said he still was deciding some of these legal issues. if he decides to go with this less exacting appearance of impropriety standard, then it could very well be that it's a much closer call for him. >> let's turn now to the classified documents case out of fort pierce, florida. i believe you were there in that courtroom. if i have that right. >> and the question of this >> 60 day rule and i put that in air quotes unwritten,

all of that now fair game for an appellate court in georgia to review. >> how would you explain this?t is your reaction to it? >> you know, honestly, garrett covered it pretty well. i do not think it is likely to be reversed by an appeals court. it didn't have enough to go through with the hearing in the first time. if this wasn't a former president, i don't think it would have happened. i think it is interesting, i've seen this happen one other time and it only happens to female d.a.s when it does happen. but the real blow here is you got to put fani willis on the stand, ask her some very embarrassing questions about her romantic life and people are judging her harshly for it. the practical impact is that wade stepping down means that she now has to go find someone else who is willing to work on this case, and you heard information during the hearing that indicated nobody wanted to take this case because the pressure that is associated with it. so, i don't expect it to be reversed on appeal. however, a serious blow has already been dealt to the case, and the only caveat is that if fa

the law is in georgia, there's some dispute, but most of the appellate cases say you have to find an actual conflict of interest, that the d.a. had a stake in the outcome. i don't believe that the defense attorneys approve that. appearance of impropriety? yes, clearly an appearance of impropriety. i don't think the judge will go with that standard. we'll find out by friday. >> if he does, in fact, go in that direction, is there another d.a. to take this on? >> it has to go to georgia to a prosecutor's counsel. if that happens, this case will not be tried this year or ever if that happens. it will just be held in limbo. >> this decision could mean everything when it comes to the decision of this case. thank you. good to see you both. >>> breaking news just in at msnbc. former trump aide peter navarro is going to go to prison. he's been ordered to report to federal prison march 19th. he'll begin his four-month sentence on contempt of congress charges for defying a subpoena from the january 6th committee. navarro has asked a court to stay his appearance. >>> next on "ana cabrera reports

for the subject district of georgia. also joining me is barbara mcquaid, district attorney for michigan, and author of the new and important book attack from within, how this information is sabotaging america. welcome to both of you, thank you for being with us. let's start in georgia with the numerous developments. nothing binary about this discussion, this decision from judge scott mcafee. generally speaking, is more of a win for fani willis then not, because she gets to stay on the case and continue to prosecute the case. but he took a lot of stabs at her and giving her that win. >> he sure did. good morning. it is tattered but at least it is still flying. she took a lot of punches to the gut in that order, but she can remain on the case. as you noted, he gave her a choice, but it wasn't much of one. either you and your whole office go or nathan wade goes. so mr. wade resigned on friday afternoon and the d hey has excepted the resignation. i anticipate that she is simply going to roll up her sleeves and keep moving. s

division or whatever the next level is called in the state of georgia has a lot of decisions to make i think in the end this fact finding, what little there is is enough to get her off, no one, no one can explain why he has to go but she does not when she is the one who benefited from the money and the money that he made 650,000 i was a dea for 30 years i was elected da three times you don't pay anybody $350,000 who has never tried a felony case this is corrupt from the get-go. >> sean: you can catch her every day course on the five, why are you making me laugh? this is actually it's humourous when you look at the ruling, because you can't you can't make this stuff up you really can't it's like out of a spy novel or a judicial novel you couldn't even make up okay joining us now with more reactions fox news contributor and harvard la presse around dershowitz restart with you tonight and older of mendacity let's get your take over all on the case and the lack of logic or application to both fani willis and nathan wade that should have at least been consistent because they were both inv

case, we'll set a trial date anyway knowing that there is an appellate process, trump's attorneys have said they want to appeal the decision. his decision to not remove fani willis from the case, but for the sake of keeping things on track as well, plus puts it would he set a date anyway or adhere to the august requested trial date >> i think you will set a date. their proposals before him from both parties, and that's the kind of judge he is. but that date will get dislodged if the georgia court of appeals decides is to take the, uh, 45 days to decide whether or not to take up the appeal that trump and his eight other defendants have brought to mcafee is decision not to disqualify willis. now, if that happens and my best guess is it won't. but if it did, that certainly would take everything off track. back. but pending it, i think back a fee will go business as usual. >> do you feel like mcafee is decision was appealed proof. i've heard it described that way by many because he offered so much information in addition to his opinion about whether she should proceed, that that made it ap

, i'm sorry, lexus 31 i'm its february 2024 case here out of our appellate courts. and in that case of justice pensone wrote that a trial court did not abuse its discretion by failing to disqualify an assistant district attorney absent an actual conflict of interests and that is the case that was ruled on by the georgia court of appeals about a month ago. your honor. now, the case the cases in which defense counsel has relied on in their briefs. and here today, i would submit to the court the sites or misleading already an app inapplicable, and some of them actually support the state's position. and what i would say to you is that defendants in many instances combined language from the multiple cases and kind of what i would say is misstates the law as it relates to what the law or what is required in order for an elected district attorney. and they're often this to be disqualified >> and >> what i would submit to the court in moscow back to that, show me how yes show you how so i think the first one decided was battle versus the state certainly a conflict of intere

division or whatever.ap pellatthe second level is callee in the state of georgia has a lot of decisions o to make.k i think that in the end, this fact finding what little theretl is, is enough to get her off. is one no one can explain whye,n she has to go, but she it whenn she's the one who benefited from the moneyhe and the money that he made. 650,000. now, i was the d.a. for 30 years. i was an assistant d.a. and the electe wasd d.a. three times. you don't pay anybody $350,000 o who's never tried a felony case. this is corrupt from the get go. all right, judge pirro, you catch her every day, of course,ean: you on the five. why are you making me laugh?yo because it's actually humorous when you actually look at the ruling. you can'k att make it because you can't make this stuff up. you really can't. it's like out of au re spy nover a judicial novel that you couldn't even make up.y join all right. joining us now with more reaction, fox news contributor gregg us tiong jarrett and harvard lawhar professor alan dershowitz is wit h us. professor, start with you tonight. odor of mendacit of y.

i think we'll get an appeal relative to the georgia officials, it's true no movement out of karr.we know how the hearing went now. i think some people should be looking at this. i think we're going to see the appeal undoubtedly and he's given substantial material for appeal and let's remember also she's under subpoena, that is willis is, to the house. thanks to jim jordan who is saying he may hold her in contempt. it's not a great optic for the feds to peel this apart if this is a georgia state matter. i think there will be heat building up to get this done on a local level. maria: this is not over just yet, that's for sure. let me ask you about crime because new york city subway crime is up 13.2% as of march 10. new york governor kathy hochul is pushing for the national guard to survey the subway's busiest stations in the wake of several violent e incidents. she sent the national guard there. they were checking everybody's bag. and then we had a shooting. i guess they missed that bag. it's out ray just that this is getting -- outrageous that this is getting worse. >> it's a band-

right for pretrial appellate review.l attorney and former member of president trump's transition team. does this motion have a shot? if granted in trump's favor, what happens next? >> yeah, because case in atlanta is not over, this is interlockatory appeal. there is likelihood this will be granted. this is an extraordinary case. judge mcafee said the law of georgia dealing with dis qualification of attorneys is unclear and i think he will agree with the trump defendants it is appropriate for georgia court of appeals to step in and clarify the law. you have fate and fortune of the individual defendants at play and dealing with potential future president of the united states with donald trump. this is a big deal, a lot of ambiguity, there is a big chance judge mcafee will grant this request and it will go to georgia court of appeals, who has to agree the case can be heard. >> todd: what this means appeal and process it triggers all but assures there is no way this case will come to a decision by november 5, election day? >

he has to gretchen to allow this this intermediary appeal that georgia court of appeals also has the discretion to say no, thank you. we don't want to hear it right now i think because it was so thorough and because he did give this off-ramped to the da that the da's office has now taken with special prosecutor wade, leaving it's really unlikely in my view that this is going to be appealed over the summer. >> do we have any sense of how the case is going to change or if it will change. now that again, one of the main prosecutors eighth and wade is going to be stepping away. >> well, i don't think it's going to change much, so i think what's important understand is nathan wade's role here. nathan wade probably was not the person really driving the legal theory behind this. there were other special prosecutors who have expertise in rico for example, who have expertise in constitutional law in appellate work that nathan wade didn't have, nathan wade's role was really here as team manager. i think the behind the seals got behind the scenes guy who was engaged good deal, making, right. pl

trey: the news was a little better for the former president and georgia nathan wade is off the case theyre allowing the defense to appeal to leave fani willis on the case. what do you think will happen on appeal and is the timing of this trial and definitely push beyond november because of this. >> it's hard to see how this case gets to a verdict before november given that we haven't started any real proceedings in front of a jury but the more important thing were all former employees and we all know the department prosecutors have to have the highest integrity and they need to have higher integrity if they get a after president for the first time in history and bring charges against a presidential reelection campaign which is an exercise of first amendment rights because ultimately prosecutors in the legal system can't succeed and can't maintain law and order unless they have the confidence of the cooperation of the public and if the public sees prosecutors and monkey business and sometimes seem to be lying on the court on tv in front of everybody then we have to be worried whether they

at -- on the line in -- so what he's saying in in his ruling last week is essentially the the prior georgiae in terms of what to do about the significant factual findings against her and now the appellate court can ran -- running back. >> neil: well i have you here i'll like to pick your fine brain to look at this countdown for donald trump in vibration now to come up with $454 billion mark letitia james is already stated what she wants to do if she could -- if you can't. this is from the new york state attorney general... >> neil: well you have to smack. >> we are prepared to make sure that the judge -- judgement is paid to new yorkers and as i look at the florida -- wall street each and every day >> neil: she is saying for the wall street to seal the balding -- can she do that if he is not coming up with these funds by monday? >> well she is certainly can try. a problem is i think donald trump has put forth an excellent appeal asking for an exception to the general rule which requires this bond of honest scene amount of money at this point. i'm gone and deep on the filings gone to the app

the first is that appellate courts don't look at facts overagain. finder of facts determined happened, they won't disturb. so when applying the lower standard of appearance of impropriety or conflict he said there's an easy way to remedy this. i don't think the georgia court of appeals will want to take that up given how thorough this opinion is and there's a narrow way in which judge mcafee thinks this can all be remedied and go away. ultimately it is true that the defendants will likely want to appeal this and they will have a second -- a chance later, i think, post trial to appeal this if there are convictions. but my instinct is given how methodical, thorough and detailed this analysis was today, the georgia court of appeals won't step in because there's no need to. >> thank you forring with be us this morning. appreciate it. >>> still ahead how trump plans to use the decision and the court dates to his advantage. >>> why trump's first criminal trial set to begin in just other a week could be delayed. you're watching "jose diaz-balart reports."

very quickly. >> we'll of course be staying on and watching the bill as it goes through florida and georgia as it continues. >>> next up here on "way too early," house speaker mike johnson says the biden impeachment inquiry will continue despite a clear lack of evidence. we'll bring you his new remarks. >>> plus, we'll take a look at the president's swing through the midwest as he looks to shore up the blue wall ahead of november. those stories and a check on sports and the weather forecast when we come right back. the we when we come right back. we all need fiber for our digestive health, but less than 10% of us get enough each day. good thing metamucil gummies are an easy way to get prebiotic, plant-based fiber. with the same amount of fiber as 2 cups of broccoli. metamucil gummies the easy way to get your daily fiber. alice loves the scent of gain so much, metamucil gummies she wished there was a way to make it last longer. say hello to your fairy godmother alice and long-lasting gain scent beads. part of the irresistible scent collection from gain! hey! asthma's got you going through it

. ♪ beep beep >> beep beep >> laura: try and hope as they might, the legal forces in new york, georgiad.c. are finding it harder and harder to accomplish their mission, which is to put trump behind bars and our bankrupt him before the election. now, today, the new york appellate court slashed the obscene amount judge engoron posted to appeal the case from 454 million to 175 million. now, the left's long time fantasy was to see new york a.g. letitia james personally slap padlocks on the front doors of trump's prized real estate. now, there was a palpable disappointment, i could hear it on the other cable nets. >> kristin, is it your understanding that trump will be able to get this lower amount of cash together, but it is worth reminding everyone but up until the 11th hour this day until the ruling came down they were struggling to find a way to pay the original bond amount. >> here we go again he continues to defy gravity and catches another break. >> notion i would water main walk in there and have what i owed down to a third the judgment is ludicrous. wouldn't even ask if that would

so i think there are solid grounds from the appellate court anoundd i think they have to don and i hopehey go through that right down to the wire. >> trey: professor, the news watrs a little better for the former presidente in georgia. nathan way to solve the case. ththe judge is allowing they defense to appeal the decisionai on the fani willis case. whatis o do you think will happn appeal, and is the timing ofth this trial definitely pushed beyond november because of this? >> it is hard to see how this case gets to a verdict for november, given we have a deep and started ant wey proceedingsn front of in a jury. but the more important thing is, the justice department former employees and we all know that the prosecutors have to have the highest integrity. they have to have even higher integrity if they go after a president for the firs ey nt time hava af in history and for massive rico charges against a presidential reelection campaign, which is an exercise of first amendmentri rights.y because ultimately, prosecutors in the legal system can't succeed, cannot maintain law and order, ana

that commission -- conviction was upheld the georgia state of appeals. and then a case where they impersonate the metro atlanta human trafficking task force. we argue to the court that the definition for 16-10-23 purposes that our appellate courts have applied a very liberal definition as a public officer. it does not have to be a real public officer, anything that purports to being someone acting by authority of the government is a public officer. that is certainly what presidential electors do. there duties are established by law. jumping down to the forgery counts. again, elephant in the room, 16- 9-1, there are at least five ways to violate the statute. the cases or the case that mr. shafer relies on, jackson versus the state , if someone charged with forgery based on purporting a document purporting to have been made by another person. we do not charge under that provision. we charge under the final provision by authority of one who did not give such authority. mr. gillen says we didn't object to looking at these things in the record in other cases.

on that, this is a matter of first impression in georgia. cannot find a single case that has been published by the court of appeals or the supreme court that is based on these facts. there are of course a number of different appellate court cases that deal with conflict-related issues and more importvuany, appearance of conflict related issues and some of those are based in state law and some based on the ethical rules that the six amendment right for you do process which is implicit in all we are doing here today. we are here on a motion to disqualify d.a. willis and her office because of her judgment, frankly. she is supposed to be disinterested under the sixth amendment and she is anything but that. the fact that these proceedings have taken this long and through the convoluted way that we have made it here today, explain that. as i present my arguments i want the court to understand that this court represents the guard rails for the six amendment and this context m as well as has already been disqualified once. i would encourage the cour

on that, this is a matter of first impression in georgia.annot find a single case that has been published by the court of appeals or the supreme court that is based on these facts. there are of course a number of different appellate court cases that deal with conflict-related issues and more importantly, appearance of conflict related issues and some of those are based in state law and some based on the ethical rules that govern lawyers and some based on the six amendment right for you do process which is implicit in all we are doing here today. we are here on a motion to disqualify d.a. willis and her office because of her judgment, frankly. she is supposed to be disinterested under the sixth amendment and she is anything but that. the fact that these proceedings have taken this long and through the convoluted way that we have made it here today, explain that. as i present my arguments i want the court to understand that this court repsents the guard rails for the six amendment and this context m as well as has already been disqualified onc