welcome to our viewers joining us in the united states and all around the world. you are watching cnn newsroom. just ahead, the u.s. justice department must now respond to an emergency petition former president trump filed with the supreme court. what he is asking for and how it may impact the fbi investigation into classified documents found at his home.

the day after a north korean missile flew over japan the u.s. and south korea test fire a number of missiles in response, but not all of it went as planned. liz truss will soon speak at --. >> live from cnn center, this is cnn newsroom with rosemary church. it is good to have you with us. former u.s. president donald trump is asking the supreme court to intervene in one of his latest legal woes. lawyers for the former president filed an emergency request on tuesday. it centered on a dispute with the justice department over a trove of classified documents seized from his mar-a-lago estate. >> reporter: former president trump's legal team asking the supreme court to step in to

this ongoing saga over the documents taken from mar-a- lago.'s lawyer filing an emergency request asking the justices to once again let the special master reviewing all of these documents seized, regain access specifically to the 100 classified documents. if the special master were to get access, that would actually mean they would get to see them. that has been long been fighting for. this was a very narrow emergency on technical grounds. they said the 11th circuit never had the authority to stop the special master from reviewing the classified documents in the first place. this request to go directly to the conservative. he overseas petitions coming in from the 11th circuit. >> trumps appealed to the

supreme court in the past few years. with little luck there have not been favorable outcomes. earlier this year the justices allowed a january 6th select committee to get access to trumps white house records despite the objections. in 2020 they ruled he could not block his financial documents for prosecutors in new york. since this was fired as an emergency order, the justices could potentially rule quickly. we will see how quickly the court moved than what they do. a former u.s. federal prosecutor and the host of the podcast on topic . he joins me now from chicago.

it is great to have you with us. >> a real pleasure. >> former president donald trump has asked the supreme court to intervene in his legal fight of a classified documents seized by the fbi at his mar-a- lago home. justice clarence thomas has responded by giving the justice department a deadline. what does this mean exactly? >> it is a little complicated. first of all, the trump team essentially did an emergency appeal of a very narrow portion of the ruling in the court of appeals. essentially it was only the portion in which the court of appeals said the special master or the independent person taking a look at the classified documents was no longer supposed to take a look at the classified documents of the case. basically, trump's team is asking for the special master to continue his review of the classified documents. i have to say it is a pretty technical legal argument and a very narrow one and one in which i think even if the trump team is successful, i am not sure how it moves the ball forward for the former

president. >> about 100 classified documents are at the heart of trumps emergency appeal to the supreme court, right? he wants the documents to go back to the appointed special master for review? he also says the doj has criminalized a dispute over these documents and he wants them back? how do you expect the supreme court to respond to these arguments? >> i think there is a very good chance the supreme court is not going to take this case or this issue up at all. i think they're actually going to just decline to hear the issue in which they will essentially deny the relief that the former president is seeking. if they do i suspect or i would expect the former president will lose. while there is some merit to trumps argument, it is a pretty narrow issue. it is on solid ground. like i said, i don't think he will achieve much here with this

emergency appeal. >> of course, we don't know what they will do. how careful does the supreme court's needs to be in terms of not looking too politically charged given three other justices are trump appointed? >> i think that is something that is very important. we make sure that they preserve their independence and preserve the confidence that the public has in the institution. that is why i think they will stay out of this. they don't really need to be involved in this dispute. this emergency relief is rather unusual. there were two trump appointed judges on the court of appeals who sided with the other judge to essentially deny the relief that the former president was seeking here. i would expect the justices would let that ruling stand. >> you think the supreme court will reject this.

obviously, donald trump doesn't think that is the case. why do you think he is so sure? >> i think what has happened here is he wants to keep fighting. he is upset he lost in the court of appeals. he has asked attorneys to find a way to fight. they have gotten narrow grounds to do so. this to me, as a returning that is a attorney that deals with clients of the time, a attorney is dealing with a difficult client who wants to fight. is really not clear to me how winning here would move the ball forward for the client. ultimately, at the end of the day, the former president is under a criminal investigation, regardless of what the special master takes a look at these documents are not. joe biden will visit florida in the coming hours to tour the damage from hurricane

ian. he will meet with governor ron desantis as well as emergency officials and residents impacted by the storm. the death toll from ian across the southeastern u.s. has grown to at least 109. florida officials say it is unclear how many people are still missing. thousands of rescues have been made in florida alone with some areas said to be completely unlivable. ahead of the decision governor desantis announced immediate repairs will be made to the damage causeway. in this video, you can see what the bridge looks like before a and on the left and on the right is how it looks now. several sections completely destroyed cutting the island off from the mainland. statewide, the main focus is on cleanup and recovery. we are in fort meyers with a more.

>> we have diapers. i know there is water and food. >> thousands have been rescued from destroyed or flooded homes with harrowing stories of survival. >> it went around the building and i was able to find some bushes. a graduate i grabbed onto it. i put myself in. i just there for hours. >> officials are working to compile a list of those missing. >> we hope to have a better number on that going into the next couple of days. >> the hurricane death toll over

>> there are 3-4 days left. until we go through the rubble and see what we have, >> . >> we will have the bridge patched this week. they are going to be able to go and access it.

>> the national guard and a group of volunteers began to lift food and supplies for stranded residents. >> we have extensive water damage within this building. >> school buildings and spared. desoto county schools say a high school will be remaining closed school officials say they may relocate students teachers and staff. >> this will not stop us from opening our schools as soon as we can. my preparations out here are well underway ahead of president biden's visit later today. the white house says he will meet with ron desantis and he is going to get a briefing by the governor. we expect to a day after north korea launched a ballistic missile over japan, the u.s. and south korea testfired four missiles off the korean peninsula in a show of force.

>> both countries staged a bombing drill with fighter jets in the sea. >> there have been indications in the past that they are preparing a test site for what would be its seventh nuclear test. if they do such a test from our perspective, it would clearly constitute a grave s: tory action and threaten regional and international security and instability. >> for more on this story i am joined by paula hancocks who is with us live. paula, the u.s. and south korea

>> what was your reaction another global reaction? >> this was the second exercise the u.s. and south korea carried out in less than 24 hours. we are told the reason we are for is show korea that are not capable militarily of responding to anything they might do. it wasn't a direct response to the missile launched over the top of japan on tuesday. we heard from john kirby the national security coordinator speaking to cnn. he said the purpose of this trail, the second between the u.s. and south korea gal was to make sure north korea knew they could respond if necessary. >> we wanted denuclearization. he hasn't shown an inclination to move in that direction and he is moving in the opposite

>> there has been widespread condemnation from around the region. the fact that there was no warning for this particular missile launch as there rarely is from north korea. concerns about those a region in the center and this is they are kind of waking up to that alert on tuesday morning as the missile flew overhead. we are hearing from the u.s. and south korean side, it is a

coordinated effort. it has been over recent hours to show time for a short break. when we come back, the new british prime minister is set to address conservatives. why this one speech could make or break her political career. later, prosecutors play a secret recording from the earth keepers ahead of the june 6th. , neuriva plus is a multitasker supportingng 6 key indicators of brain health. to help keep me sharp. neururiva: think bigger. my name is wendy, i'm 51 years old, and i'm a hospital administrator. when i talk to patients you can just see from here up when you're wearing a mask. and i ve noticed those lines

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elon musk has been trying to back out of buying twitter. now, in a surprising turnaround, his original offer of $44 billion back on the table. that fenced twitters stock price is surging within 20% in trading after being halted twice. is now sitting at $52 a share

shot of the price agreed upon in the original deal. there is a catch. in return, he wants twitter to drop a lawsuit the company fired for his attempt on the deal. in june he claims he was misled over the number of fake accounts. wall street has been on a tear this week. the dow searched 825 points tuesday for the second straight day of gains. it is above the 30,000 milestone and no longer in a bear market. let us take a look at how winning state is shaping out for the u.s. stock market. futures are in negative territory and they will keep a close eye on that. it generally signals where the start is in the coming out but we will check that out. let us take a look at the european markets also in negative territory.& 100 nearly .6%. >> it has being billed as the speech of a lifetime. a british prime minister, liz truss who is now fighting to

change her leadership. she said to address the annual conference in birmingham in the coming hours while her plan to write the british economy faces fierce criticism from all sides. trust has already abandoned a tax cut russian >> she is this hour in abu dhabi. it is good to see you, julia. >> hello. it to be here. >> billed as a speech of a lifetime for liz truss. what is at stake ? >> this is a hugely important moment for her among many to come. however, the good news is the bar is incredibly low. all she has to do this not fall further behind in the polls and not create financial market instability. being a bit facetious how hard should it be? probably harder than it looks. it looks like she will insist

on continuing her high-growth, lower taxes policy. i have taken an extract from the upcoming speech. we need to go to the party so everyone gets a bigger slice. that is why i am determined to break us out of this high tax/gross cycle. that is with the plan is about. rebuilding britain through reform. reform in essence is good if you can grow the economy. unfunded tax cuts is not good. the unfortunate factors for me is there is a lot of that still on the table. she has to somehow reestablish trust with voters, financial markets and within her own party. that remains a huge challenge for her and it begins today but it will take more than one speech. >> absolute! time minister liz truss is promising a new britain for a new area.

how is that likely to play out for her and her party given the resistance to her economic plan? >> it will be unwelcome, to say the least. they have a very tight timeline. the chancellor said he will come out and explain some of the policies. it was due on november 23rd. if you look at sterling versus the dollar, it has recovered a lot of the ground over the past week as a result of them abandoning the cut. there is still more than 40 billion pounds worth of tax cuts that are planned. you have to postpone some of those at the least. to in pals are close to slapping new sanctions. details on that, next. for up to 100% leak-free and odor-free comfort.

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court will resume thursday in the trial of five members of the oath keepers for their role in the january 6th u.s. y it. rescuers are getting down to business laying out their case. >> michael paley and took the stand as the government's first witness in a conspiracy case against five people affiliated with the oath keepers for their alleged roles in the january 6th attack. the agent verified stuart

rhodes's voice on a secretly recorded audio of a planning meeting. the far right militia repelled this after the 2020 election. the audio played in federal court where cameras are not allowed. are not getting out of this without a fight. there is going to be a fight. let us do it smart and that is to it while president trump is still commander in chief. the recording was the first major piece of evidence prosecutors used to establish the defendants hatched a plan to disrupt the peaceful transfer of power. >> the attorney got the fbi agent to acknowledge they were going to dc on november 14th and january 6 was not mentioned. >> another defendant is also heard on the call. we have been

issued a call to action from dc. this is the moment we signed up for. >> jurors have also heard secretly recorded audio after january 6th trying to get a message to trump. my only regret is they should have brought rifles. we could have fixed it then and there. if he is not going to do the right thing, he is going to let himself be removed illegally. >> prosecutors relied on videos to establish the defendant at her in the capital. prosecutors also zeroed in on a patch kelly meigs warm and showed jurors messages from a group chat on the signal app. it was the first evidence the jury saw of

him interacting with someone close to president trump and in signal messages two days after the election, he wrote we are not getting through this without a civil war. too late for that. prepay your mind, body, and spirit. some began planning for violence election night showing text messages between meigs and his wife while watching the results role in. trump wentz kentucky. i am so nervous. i am going to go on a killing spree. pelosi first. >> shut the f up. you're getting me stressed. >> kelly meigs, person a part of the chat message, his attorney is painting him as someone severely disabled. he can say whatever he wants. he can speak because of his first amendment rights but it doesn't mean he went and did something illegal. there are five defendants, which means, each of their attorneys gets their chance or

gets there crack at the witnesses of the prosecution. each of them did today. we heard from thomas caldwell's attorney. they initially said thomas caldwell went into the capital. he did not. they said he destroyed government property. they said he was the leader later changed it to mr. rhodes. he tried to poke a lot of holes in the fbi's initial case but in the end, what we are going to see is a ton of evidence at a lot of witness testimony. this jury is going to have to go through, understand and make a decision about it. the european union is weighing new sanctions on iran and the u.s. is expect to wrap up its penalty sometime this week as the government takes a hard line against the protest sweeping the country. >> high school girls marched on

tuesday calling for greater rights and freedoms. similar rallies were held at other schools and universities across the country. iranian state media reports 400 demonstrators who had been detained since the start of the unrest have now been released. that is a bring in snyder bracher. the u.s. and eu responding to the government crackdown is ready to impose new sanctions. what impact might they have? >> we have seen fierce criticism of the violent crack down from members of the international community. we are hearing the u.s.. we heard from president joe biden firmly expressing his support for the peaceful protest and condemning the violent crackdown. we are

hearing from a source familiar with the biden administration's plan of action that they will be looking at expanding their sanctions and focusing on law enforcement officials and others believed to be directly involved in the violent crackdown on peaceful protest 's. this is an additional round of sanctions. we heard from the leaders speaking on monday addressing the protests and the violent crackdown. he accused the u.s. and israel of inciting the unrest we are seeing causing the instability and in his words trying to get any weight of the progress that iran has made in the face of western sanctions. it is not just the u.s. not looking to impose the sanctions and financial affinities. we heard yesterday following the meeting. they will look at

that on the iranian regime. that was the message we got from the diplomat. >> we will consider all options including measures. we will decide about it in the next meeting. >> there has been widespread condemnation as well as widespread report for many people witnessing in iran and in particular, the brave women and young girls standing in defiance of those restrictive measures placed on them by the

regime and of course by the notorious morality police. and a growing scandal in the georgia senate race that has republicans in damage control mode. >> walker who claims the antiabortion calls the report a flat out lie. cnn could not confirm the allegation. walker is in a tight race against raphael warnock. georgia is a battleground state and a when could put republicans back in the majority if the october surprise doesn't think his campaign. >> i have no idea but it is a

flat out lie. now, you know how important this seat is. the seat is very important that they will do anything to win the sea. i never asked anyone to get an abortion. i never paid for an abortion and that is a lie. >> herschel whoppers son is, his father a liar. >> he gets on twitter. he lies about it. everything has been a lie. >> ukrainians make gains on the battlefield amid a powerful advance in the south. the latest in a live report straightahead. eep per night.t. proven quality sleep. only from sleep number.

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welcome back. ministers could announce a big cut in oil production when they meet in a few hours. that means energy and gas prices would rise weeks before the u.s. midterm elections. the biden administration has launched a full-scale campaign to try to persuade middle eastern allies against. vladimir putin has taken the next step in his move to

forcibly annex for ukrainian regions by signing into law measures approved by russia's parliament. this action coming as russia is losing ground in the very regions moscow is claiming as its own. ukrainian troops are making significant gains amid a powerful advance in the south, where ukraine says russian forces are leaving minds and villages as they retreat. president vallarta ms. zelinski says his troops are pushing even further towards the russian occupied city. this, as ukraine forces race the nation's flag over more liberated towns and one official says troops are breaking through russian defenses in the region. >> the ukrainian army is quite rapidly and powerfully advancing in the south of the country. >> as ukrainian forces regain ground, they are finding

devastated towns. in one case they claims to have covered a torture chamber and a form of the occupied town in the region. police say a number of items were found, including a container full of extract and gold teeth. local residents report hearing screaming constantly coming from the building. where following developments and we are now in london. scott, we haven't seen this before. a sober assessment of battlefield losses by russia's own defense ministry and russian media. what made this signal? >> it is often difficult to figure out where exactly the front lines are on the round, who is winning, and who is losing. the fog of war makes it so that both sides emphasize their wins, but don't make much of the losses. now, the rest diagnosing that they are not well.

they lost the strategic sitting in the eastern part of the country and a series of maps illustrate is on the left side. this was used in the briefing on monday. the peak of the russian held areas. the white as ukrainian. the one on the right is a map used in the same briefing yesterday. . the russian media is acknowledging things are not going well. >> our enemy is introducing

well-prepared reserves realizing his advantage and personnel and intelligence data. excited tiredness crept in after a long attacking season during which we liberated large swaths of land . >> scott mclain, many thanks. joining us live from london without report. just ahead, how bobby could inspire a generation of young girls to follow her into space.

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tributes are pouring in for country music legend loretta lynn who passed away on tuesday . ship as a queen of country music for seven decades even though she had no formal music training. her best-known songs drew from five and marriage. she documented her upbringing in the 1976 memoir cold minors daughter which was turned into a film by the same name.

she recorded her 50th and final album last year. her family says she died peacefully at her home in tennessee. the red and then was 90 years old. the name is nicole. she sets often a historic mission in just a few hours from now. the nasa astronaut will be the first native american woman to travel to earth's orbit. that is set to lift off from florida's kennedy space center had to the space station later today. man's historic mission also

happens to fall on world space week. is a part of the events the first fema commander of the international space station took time from her space duties to hear from young girls and answer their questions. floating alongside her with a look-alike barbie astronaut. it is a part of a push to getting more girls interested in becoming astronauts and scientists's. the famous toys reaching new heights traveling into space to inspire young girls to consider careers in science. this modeled on the first fema commander of the international space station and the first italian woman in space. to mark the start of world space week, she bent she beamed into the earth. they were very curious about her job. >> why did you want to become

an astronaut? >> growing up, i was fascinated by the nice guy. the idea of flying to space and the sense of adventure and exploration. >> they also had more practical concerns. >> can you eat pizza on board? >> i meant no >> we only have an electric cover to heat up food bags. some time ago we saw something to limit the to limit. some of the profits went to charity in space you.

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hello and a warm welcome to our viewers joining us in the united states and all around the world. i'm max foster in london. just ahead. >> they don't always rule in donald trump's favor. yes, they've been unpredictable but they've also denied donald trump many times over. >> he hasn't had many wins in this case exce