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welcome to cnn's special coverage of the federal indictment of donald trump. i'm jakep tapper. >> i'm erin burnett. right now former president trump is on his way to miami where he will make his federal court appearance in a little over 24 hours. it is an unprecedented moment, historic moment a test for the justice system in america. the former president set to be arraigned on those 37 felony counts over handling classified documents and sources tell cnn that trump is expected to meet with his lawyers ahead of tuesday's appearance but it is unclear as of now ha that means because we don't know the who former president is going to be able to hire to represent him. we know right now intense security preparations are under way in south florida and we have a news conference coming your way shortly. officials will hold a conference to talk about the security

preparations to ramp up security in the next hour. >> yeah. we do know that fbi is tracking potential threats, as violent rhe rhetoric surges online that some prominent right wing figures are calling on trump supporters to gather outside the courthouse. even as trump and some of his top allies claim he's being targeted and unfairly treated by the justice department, his own former attorney general bill barr does not see that's way. -- that way. >> if even half of it is true he's toast. it's a pretty -- it's a very detailed indictment and it's very, very damming. this idea of presenting trump as a victim here, a victim of a witch hunt, is ridiculous. >> cnn's evan perez and paula reed are outside the federal courthouse in miami right now. evan, you have new reporting on how special counsel jack smith ultimately decided to bring charges against trump in florida and not in washington, d.c.

tell us more about that. >> that's right, jake. it's a decision certainly that surprised a lot of people, but i'm told that behind the scenes some of the preparations to do just that, to bring the case here in the southern district of florida, began taking shape several months ago. we know that one of the things jack smith's team had the benefit of was a miami-based prosecutor, her name is karen gilbert, she actually supervised the last case involving mar-a-lago, a chinese national who snuck her way into mar-a-lago back in 2019, when donald trump was still president. she helped oversee some of the steps before prosecutors carried out that extraordinary search that we saw of mar-a-lago last august, and so we know that behind the scenes, jake, the prosecution knew that the issue of venue was going to present itself. the fact is that mar-a-lago is

down here, the former president left washington hours before donald trump -- before joe biden was sworn in as president, and so that meant that most likely, the best place to bring this case and the most natural place to bring this case was here in florida. it poses a number of issues to prosecutors, which i'm sure you guys have already talked about, one of them is, of course, this is probably a friendlier jury pool for donald trump compared to the one in washington, d.c., where a grand jury has been hearing a lot of the evidence. secondly, we know that one of the big pieces of evidence, jake, the issue, the recordings or rather the notes taken by evan corcoran, donald trump's own lawyer, which is going to be a big part of this case, all of that was litigated in the courts in washington. you can bet donald trump's lawyers are going to want to take another crack at that when they get to a judge here in the southern district of florida. jake? >> all right.

evan, you know it's interesting, paula, on the back of what's evan is talking about, venue, there's also who is going to represent him. as jake was indicating two of trump's attorneys resigning after the indictments unsealed. now he's looking for new attorneys that will represent him in florida. doesn't appear to be an easy snap your fingers and people are running to do it. what more do you know? >> that's exactly right. it is challenging for the former president to find people willing to represent him. this has been an issue for him for the past several years throughout various criminal investigations. we know, for example, in washington, d.c., over time, he's reached out to many of the big firms, and they have declined to represent him based on a variety of factors including concerns about getting paid, impact on their reputation, and also worries about alienating other clients. at this point he is represented by todd blanche. he's sort of taking over after the departure of pretty much all the other lawyers who had been

represent him in this investigation, john rowley and jim trusty, looking to bring on additional counsel perhaps based in florida. tomorrow they have lindsey halligan who has been on the team, admitted to practice here in the southern district of florida. even if they aren't able to bring on any additional attorneys by tomorrow, they still likely will be able to get todd blanche sort of waived in, go through the paperwork to do that because she is admitted here. it's unclear who in the state of florida will be willing to join this team. i've spoken with sources i've worked with on other cases down here, there have been people who raised their hand and would like to work on this case, but i'm told none have been hired at this point. we've learned from our other reporters here that some people have turned them down already. they're still in the process of searching and unclear if he will have his full legal team up and ready to go tomorrow. it seems unlikely. either way he has the people in place he needs to get through the arraignment. >> amazing.

all right. let's bring in our panel and start with you, john miller, our chief law enforcement expert, on what paula was saying to jake and me. so, look, she said -- i want to be clear, there's some people who may be interested. don't want to act like nobody wants to do it. it shouldn't be this way in a normal case. shouldn't have concerns about the client paying you. shouldn't be worried you're going to offend your other clients you don't want to take the case. it is incredible to hear this. >> i think, you know, the lawyer they're bringing down from new york was a top pllawyer who hado withdraw the firm on wall street to take on the trump case. you know, there are certain firms that don't want to be dragged into this. donald trump is famous for not paying his lawyers or for stalling those payments. he's also got this $100 million pac fund which has made it easier to pay him -- pay them with money he couldn't use for other things.

we've seen that merry go round go around with pal la administrator leaving and then another and another. a lot has to do with how the criminal defense works, which is what they've described everybody has to go through boris epstein who happens to be a lawyer, not a practicing attorney and there's been a lot of tension about having that buffer between them and the client. >> certainly mentioned tim pal la torre, that's the reason he left. how much comes down to, though, lawyers who are going to read through this indictment and come to the same conclusion that bill barr came to and jonathan turley came to, jonathan turley who has defended the former president on other things alvin bragg or other things, saying this is bad? >> every criminal defendant, anyone charged with a crime had a right to an attorney and criminal defense attorneys are used to representing people who are guilty or who are accused of serious things, so i don't think that's the issue here.

i think the issue n addition to what john was saying, evan corcoran, one of his lawyers is turning out to be one of the main witnesses in the case and was saying was at one point, trump was saying wouldn't it be great if they don't find documents and made a plucking motion as if to say take the documents out and they won't find them. he's asking his lawyers to commit crimes for him and with him, which is all those communications normally privileged are no longer shielded by the attorney-client privilege. >> there's a crime alleged you lose the privilege. >> really as a lawyer you're going to be asked to do things and -- that are unethical and potentially illegal, and i don't know a lot of lawyers who are willing to do that. >> right. which is interesting, they have a belief in the system. you take on a client because you believe in the system but wouldn't do something -- if the former president is going to come to you and ask you to lie or cheat, that's an issue and that is what is laid out in the indictment. >> right. i mean, we've also heard other

examples, one of his attorneys was fined over $900,000. there's liability that comes with representing donald trump. it's the same reason he struggled to hire really credible staff even on the campaign in the re-election side of things because you expose yourself to things like walt nauta is seeing, you could be guilty of committing a crime under his purview. i think i'm so struck by, this indictment is worse than some of donald trump's greatest detractors could have dreamt up. the imagery the ipictures. it's going to come down to the kind of intelligence this had and we'll never know the fine details but we're talking nuclear secrets, intelligence, the most sensitive intelligence sitting at a country club in a bathroom with a chandelier. this is a pretty clear-cut case in the eyes of just the american public. i don't know how he's going to find a strong defense. >> and what about the eyes of the american public?

what about the republican voters in terms of how serious the classified document charges are serious, only 38% of republicans think they're serious. 80% say they would vote for trump even if convicted in a primary. these are stunning. i think we can all acknowledge that if this indictment came out and you had these pictures and all of these actions about joe biden, those republicans would feel differently. >> yeah. >> we all -- i can put that out there. does anything change it for them, scott? >> you know, not yet. and it hasn't yet. there may be more legal issues to come for him, and so i guess we'll have to see if the weight of it ever changes their mind. i'm dubious it will. we live in a shirts and skins kind of world. somebody on your team is accused of something your immediate reaction is to discount it. i do think some of this speaks to the level of distrust in the institution of the department of justice and the fbi. republicans have completely

pulled away from the idea they are a credible organization that deserves to be listened to, which is the failure of trust in institution, the crumbling of that, is one of the most troubling things about it, however this case turns out, whether he gets convicted or elected president, goes to trial, i don't know, but at some point we're all americans, all in this together and live under the same government, but it only works if we all believe that institutions are treating us all the same. that's what you hear republicans say, we don't feel we're being treated the same. >> that erosion of trust in our institutions hasn't occurred in a vacuum. there is literally a committee within the house judiciary committee called the weaponization of government committee, not for legitimate purposes, but rather to use misinformation and disinformation to sow distrust of the fbi and department of justice. this erosion of faith in our institutions has come directly at the hands of prominent republicans including chief among them donald trump. taking a step back as someone

who has represented difficult clients in the past -- >> difficult. i like the word. >> like it is extraordinary that very few people want to actually represent the former president of the united states of america and karen took the words out of my mouth. it's not just that people think he's probably guilty. people represent guilty clients and they know or feel to be guilty all the time. it's that you are likely to get into trouble yourself by even associating with him or being in his presence. it is exceedingly difficult to pierce the attorney-client privilege. i mean, there has to be strong evidence. that is exceedingly difficult to do, but this is someone, donald trump, who cannot help himself but have conversations in further rans of crimes. >> all stay with us, please. as jake and i continue, soon miami officials will hold a news conference for the courthouse and surrounding areas. we'll bring that to you live. some of donald trump's supporters are invoking the word war and in the case of defeated

arizona gubernatorial candidate kari lake, warning millions of trump supporters are, quote, card carrying members of the nra. who is walt nauta? how the navy veteran went from a loyal aide to his co-defendant, as our special coverage continues. it's too expensive. use priceline, they've got deals no one else has. what about work? i got you. looking great you guys! ♪ go to your happy price ♪ ♪ priceline ♪ our heritage is ingrained in our skin.

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she's taking control with her own account for college. three futures, all with chase. freedom for kids. control for parents. one bank for both. chase. make more of what's yours. minutes from now miami officials will hold a press conference to discuss security measures ahead of trump's court appearance tomorrow. cnn has learned of mounting security concerns from law enforcement over a large number of trump supporters expected to gather outside the federal courthouse tomorrow. law enforcement officials in south florida are already ramping up security outside the miami courthouse. police, k9 dogs were spotted sniffing around the courthouse and barricades are going up around the building. carlos, what are we expecting it to hear from officials and what more are you learning about these concerns?

>> reporter: well, jake, the miami police department really has not provided any information on exactly what their security presence is going to be outside of the federal courthouse in downtown miami. as you noted, there is going to be a news conference come 2:00 where the chief of police as well as the mayor of miami, frances suarez, they're expected to answer questions on the number of officers they're going to have outside of the federal courthouse building, and i'm being told they may be announce something street closures in and around the downtown miami area. now law enforcement sources have told cnn that a group of fbi agents have been assigned to a domestic terrorism squad to identify any possible threats to the federal courthouse in downtown miami, and that they're also keeping a close eye on the proud boys. apparently the group, some of the members, have been communicating with each other on traveling to south florida here and so the fbi, as well as law

enforcement agents, are keeping a close eye on exactly what some of those communications might be. jake, overall, the security posture outside of the courthouse is one that you would expect when we're talking about a federal building, considering that it's one brand new federal courthouse, there's an old one across the street. the u.s. attorney's office is also there. then you've got the federal detention center. that said, going into tuesday, there is an understanding that they're going to have to increase their overall security posture. jake? >> yeah. and carlos, we're hearing rhetoric coming from the president, some members of congress, some of his allies. how is that rhetoric, the online bluster how is it impacting the law enforcement reaction? >> reporter: well, a law enforcement agents across south florida are taking that into account. in conversations i had with folks within tmiami-dade police

department they told me they were aware of the social media posts and keeping an eye on the rhetoric being used. over the weekend the former republican candidate for governor in arizona kari lake made comments about the indictment that have brought a great deal of criticism her way for some of the language she used. here's a portion of what they said over the weekend. >> we're at war, people. you want to get to president trump, you have to go through me and you're going to have to go through 75 million americans just like me. and i'm going to tell you, yep, most of us are card carrying members of the nra. >> and so, jake, the miami-dade police department tells me they are in communications with the department of homeland security and they're keeping a close eye on two events that they have pretty much confirmed are taking place. one is happening right now outside of the trump doral property here where some

supporters have gathered, holding up signs and waving the u.s. flag and posters supporting the former president and we're told they're keeping a close eye on some protests that will most likely take place tomorrow outside of the federal courthouse in downtown miami. >> all right. carlos suarez in doral florida, thank you so much. some of the trump allies, many of them are sticking by him, despite their many calls as you might remember for a certain democrat to be locked up for her alleged mishandling of sensitive government documents. that story is next. your shipping manager left to “find themself.” leaving you lost. you need to hire. i needndeed. indeedou do. indeed instant mat instantly delivers quality candidates matching your job deription.

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welcome back to our special live coverage and an hour from now we expect to see former president trump touch down in miami where he will be arraigned in federal court tomorrow. the former president facing 37 federal criminal charges related to his mishandling, alleged mishandling, of classified documents after he left office. sources ten cnn once trump arrives in florida he will head to his doral property where he will meet with lawyers and discuss a florida-based legal team. erin. >> trying to get that florida-based legal team in place even as the former president gets set for the second court appearance as a criminal defense. it is clear some of his

staunchest allies will continue to stand by him. we saw the interview with the south carolina senator lindsey graham saying the indictment is not going to change my support for donald trump, and arizona congressman andy biggs tweeted, quote, we have now reached a war phase. eye for an eye. obviously, not going to call that an implicit threat of violence. lauren fox is live on capitol hill. what more are you hearing from lawmakers today? >> yeah. just a few moments ago, erin, i had an opportunity to talk with house speaker kevin mccarthy who vehemently defended former president donald trump making the clear that he had no concerns about this indictment. instead, he argued his biggest concern is the fact that he thinks justice is being treated unfairly against former president donald trump, arguing that he did nothing differently than what he has seen from others, including the current president joe biden. pushed on the fact that this unsealed indictment paints a very different picture, very

different group of facts against the former president. mccarthy said over and over again, he thinks that donald trump did nothing wrong. here he was. >> the idea of equal justice is not playing out here, and so that's a real concern to all americans. as a policy maker like elected officials, we want to make sure it's equal justice for all. >> was that a good look for the former president to have fox news in a bathroom? >> i don't know. is it a good picture to have boxes in a garage that opens up all the time? a bathroom door locks. >> reporter: we also pushed mccarthy on the fact that many in his own conference, including andie biggs, you pointed to earlier r calling for violence. he declined to push back on that and just said that there is concern that equal justice is not being carried out. we also pushed him on whether or not the house is doing take steps to defend the former

president. he said that he would like to hear from jack smith, the special counsel, so we'll be awaiting more word on whether or not that's going to happen. jake? >> all right. thank you so much. we have multiple perspectives on the impact trump's federal indictment is having. joining us john king, special correspondent jamie gangel, abby phillips, elie honig, and senior law enforcement analyst andrew mccabe who served as fbi deputy director. john, we've now had a few days to absorb all these allegations. have any minds on capitol hill changed? i mean, the release of the indictment, you would think, would have an impact on some people? >> you would think, but you just listened there before lauren fox, she included the sound from speaker kevin mccarthy, who, yes, is a republican from california, the head of the republicans, but he's the speaker of the house. he's the third constitutional office -- >> not just the republicans in the house.

>> speaker of everybody in the line and third in line to t thethe presidency. i said the other day there's a reason trump, 10, 15, times day goes after hillary clinton or joe biden or the state of something like that, just to preprogram his people that he's the victim. and we kind of roll our eyes at it but in that silo it works. the fact that speaker mccarthy is a complicated leader right now and has his own problems with conservatives, the conservatives he has a problem with are the most pro-trump people. for him it's about power and they want to say joe biden, joe biden, joe biden, hillary clinton, hillary clinton, hillary clinton. not excusing joe biden having documents in his garage or hillary clinton's e-mail server, but if you were trying to put these into context, they're a and b and z. trump being the z. but they talk to their base in a way, their base operates in a choir practice, only listen to their own media silo and it is

effective. it can be unnerving, distracting, not a sign of leadership, but it is effective. >> so i was reading this "washington post" cover story about what is the difference between trump and these other cases and there's a section that says the indictment does not charge trump with the illegal retention of any of the 197 documents he returned to the archives. that shows if trump had returned all the classified documents he had, he probably never would have been charged with any crime, said the former federal prosecutor. these facts speak for themselves. what are you hearing from your sources? >> no question. to underscore what john just said, donald trump is very good at branding and that's what we're seeing again here. he is branding and kevin mccarthy is. can we just point out that bill barr, his former attorney general, said if even half of it is true, he's toast and that he was shocked by the sensitivity of these documents. those voices are far and few

between, but they're there. i spoke to a senior -- very senior democratic source this morning who talked to me a little bit on background about what they hope their sort of protocol will be in all of this, and it will be interesting to see if it happens. the idea is to say, innocent until proven guilty. in other words, not to double down, let the national security experts talk about that, let the lawyers talk about that, but i think we may see the democrats pull back a little. >> and let republicans paint themselves into a box. >> correct. >> because the reality is that we've been here before with the republican party. the problem for the party right now is that it is still trump's party. he has expanded the horizon of unacceptable things ranging from this to january 6th. and so if you are a kevin mccarthy and after january 6th

you went down to mar-a-lago to ask donald trump for his blessing, you're not going to turn on him over this. that's true not just of kevin mccarthy, but for a lot of republicans. the problem with that perspective, it's totally makes sense from a political perspective for the republican base, but the rest of the american public is not in that place. we have a lot of different pieces of evidence to support that. the 2020 election that trump lost, the 2022 election in which trump candidates lost, trump endorsed candidates lost, most of them, the republican party has not been able to deal with the delta that exists between where their base is and where the rest of the country is, and that is just one more example of that. it doesn't make it acceptable but we're just seeing the results of a republican base that is just so far to the right. not even really the ideological right, just in trump's corner they don't know how to get out

of that. >> they're not more conservative than liz cheney and mitt romney. >> absolutely not. many conservatives don't even see themselves in today's republican party in which the party of law and order is now calling it the department of injustice? >> right. >> i think there's a huge disconnect we are still living through as a country and that republican party doesn't know how to move forward. >> i want to dive into the legal arguments that we're hearing from republicans just to kind of sus out what's real and what's not. andy, if i could start with you, a constant comparison, understandably, of donald trump's classified documents case with that of hillary clinton or joe biden. you just saw speaker mccarthy talking about take a listen to south carolina senator lindsey graham. >> you got vice president, secretary of states and presidents handling this stuff. you had bill clinton with tapes in his sock drawer. i would like to review the system. but here's the point i'm trying

to make, i think the espionage charge are completely wrong and i think they paint an impression that doesn't exist. this is not espionage. >> so okay, first of all as a factual matter. charges under the espionage act do not necessarily mean you committed espionage. i'm not a lawyer and i know that because -- >> you can guarantee he knows that very well. >> he knows that, of course, but -- i mean, leaking documents to the press, you can be charged depending on how serious the documents are, under the espionage. that's not espionage. he knows better. but let's talk about the hillary clinton case because that was a serious breach of protocol and she was criticized by the fbi director at the time for being i think he used the word reckless, i might be wrong. what is the difference? >> there's huge differences here. unlike what you've heard from congressman mccarthy and biggs, our system is not based on we don't play by organized crime rules. you take out one of my guys, i take out one of your guys.

it's actually. every one of the cases is analyzed based on the evidence you've been able to uncover during the course of the investigation. in the clinton case what we had in the clinton case was essentially 113 e-mail conversations, this is of tens of thousands of e-mails reviewed, 30,000 she handed over plus many thousands more we were able to recover, 113 e-mails over the course of 55 conversations, eight top secret documents, 37 secret -- not documents, content judged to be at that level and ten at the confidential level. important to note that none of that was actual documents bearing headers and footers and classified stamps and portion markings you expect to see. content of conversations that implicated information that should have been classified at that level. >> correct me if i'm wrong, the inspector general concluded that there was no attempt to hide

this from the archives, hide this from the fbi. >> that's correct. >> no one is justifying what she did in terms of the unsecure e-mail server, but there was actual conversations? >> neither the i.g. or fbi was able to cover any evidence of intentionality, intention to remove material, intention to withhold material, intention to essentially converse in classified ways. it was simply conversations mostly information that was sent to secretary clinton while she was secretary and that she either responded to or received. >> elie, you have to help me out here, house judiciary committee chairman jim jordan, republican of ohio, who has defended literally everything that donald trump has ever done, he said -- take a listen to what he told dana bash yesterday. >> the standard is clear, the standard is navy versus egan, 19 8 case, unanimous decision from the court that justice blackman wrote the opinion and said the president's ability to classify

and control access to national security information, flows from the constitution. he decides. he alone decides. he said he declassified this material and he can put it where he wants. he can handle however he wants. that's the law. >> is that accurate? what's he talking about? >> it's half accurate. sounds good but doesn't hold up. jim jordan is correct that that case he cited stands for the idea that president has the utmost and perhaps unlimited power and authority to classify or declassify over national security. one there's zero evidence that donald trump used that power while he was president. to the contrary in the indictment there's a recording, we have reporting on this and broke this story, paula reid and others, that donald trump is bragging after the fact about the fact that he has classified documents. as president i could have declassified it, now i can't, but this is still a secret. jim jordan's legal principle is correct, yes, the president could declassify but the facts

show he never did. i have to add this, there are a handful of laws throughout that govern handling of classified or sensitive information. some of those laws say specifically it has to be a classified document. the law that doj has charged here does not say it has to be classified. it says has to be national defense information. so really, the question of classification or declassification does not come into play in this indictment because the way that i think doj intentionally chose to charge this. >> very interesting. standby. minutes from now miami officials are going to come forward in a press conference to tilsell us the city of miami is going to keep people safe as the former president prepares for his day in court and supporters gather. first, he's accused of moving boxes of classified documents to keep them from investigators and now trum aide walt nauta is on route to miami alongside the former president. coming up what we know about nauta and the legal troubles he's now facing. ♪

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right now an aide indicted alongside donald trump is traveling to florida with the ex-president ahead of their court appearances tomorrow. walt nauta is facing six criminal charges. now prosecutors allege that he moved boxes in may of 2022 and did that at trump's direction and then lied to investigators about doing so. they detail all of that in the indictment. right now, nauta appears to still be standing by trump, even campaigning with him over the weekend in georgia. sara murray joins us now. obviously, sara, we don't know, you know, what lawyers are telling him, whether his situation of cooperation could change. these are all great unknowns,

seems to be standing by his man for the moment. who is walt nauta and what was his role? >> look, this is someone who was a little-known figure until recently, of course, until his name came up a whole lot in that indictment. walt nauta is a 40-year-old veteran of the u.s. navy. he's someone who got his start in the white house in the mess hall. he went on to become the white house valet and then followed trump on to mar-a-lago to become his body man, someone working in close proximity to the former president. you need a diet coke this guy will get it for you. hand over papers you're holding on to them, you will hand them to your body man. prosecutors say that donald trump may have retained these documents but walt nauta helped him conceal them at mar-a-lago and then was not forthcoming or honest with prosecutors. he's facing a number of charges including conspiracy to obstruct justice, withholding a document or record, corruptly concealing a document, making false statements and so on. in the indictment, perhaps the

most damming allegation is when they lay out walt nauta moving boxes around at donald trump's direction. you know they sort of zero in on this timeframe between the trump subpoena and when evan corcoran searches for the documents and they say that nauta moved boxes around five different times and took 64 boxes out of the storage unit and only put 30 back, which is why evan corcoran did not turn up all of those documents with classified markings strewn around mar-a-lago, erin. >> thank you very much. i mean, it is pretty damming. they have the phone records and moves boxes, gets a phone call from trump, goes in on camera, moving boxes. it is quite damming in the indictment. as we wait to see whether his view is standing on this will change. thank you so much, sara. next, she was appointed to the federal bench by ex-president trump three years ago.

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as former president trump prepares for the legal fight of his life a familiar face will be presiding over his case, federal district judge aileen cannon has been assigned to oversee his

trial. cannon was appointed by then president trump back in 2020, she already ruled in his favor once regarding the classified documents seized at pmar-a-lago but her ruling was overturned by an appeals court that harshly criticized her decision. critics are seeking to get her taken off the case. cnn's senior legal analyst and former federal prosecutor elie honig is here with us. first of all, let's just state just because somebody was appointed to the bench by donald trump does not mean that that person is biased against or for donald trump either way. we saw that during the 2020 election fiasco where donald trump kept challenging election results and judge after judge, including trump-appointed judges, ruled against him. so tell me, what do we need to know about judge cannon. >> it's a moment of truth in any criminal case when you get that judge assigned. i have a feeling trump's team was quite happy when they got judge cannon, i have a feeling prosecutors were maybe not to happy. she graduated from law school

2007, she's 42 or so, she clerked for a conservative federal judge, went into private practice and she was a federal prosecutor for seven years in the southern district of florida. she understands how criminal trials work. now, as you said, she was nominated to be a federal judge by donald trump in 2020, not at all an automatic conflict or disqualifier. she was confirmed 56-21 and 12 democrats voted in favor of her confirmation. now, as you said, if her name sounds familiar it was because she was part of this case earlier, after the search at mar-a-lago in august donald trump made a motion saying i want a special master to review these documents for privileges before they go over to doj. judge cannon granted that. she said, yes, i will appoint a special master. now, doj appealed and they won. the court of appeals reversed judge cannon in quite stark terms. they found in the court of appeals that judge cannon had, quote, improperly exercised equitable jurisdiction, let me translate that, that means she went out of her lane. she did something that a judge does not have the power to do

and the 11th circuit wrote the law is clear, we cannot write a rule that allows any subject of a search warrants to block government investigations after the execution of a warrant, nor can we write a rule that allows only former presidents to do so. so the court reversed her, but now she's back, she came out of the wheels, has been randomly assigned to this case. >> very interesting. do you think that the prosecution will be able to or will remove her from the case? >> there's only two ways a judge can be removed from the case, one the judge herself can say i have a conflict of interest, i'm out. it happens all the time. i don't believe she has a conflict of interest here. or doj can move the judge, say, judge, we think you ought to recuse yourself. doj does that sparingly, they don't like the look of judge shopping and it's kind of awkward if you ask the judge to leave. what might the conflict be here? she is a trump nominee, we have never had a former president on trial so we have never had someone who has nominated the judge. i don't think that will measure up for the reasons we said before. and the fact she made a prior ruling that was overturned,

judges get overturned every day all the time f that was the basis for conflicts we would have judges getting kicked out of cases all the time. >> interesting. thanks so much. minutes from now miami city officials will be giving an update on security preparations ahead of former president trump's appearance tomorrow in miami. stay with cnn's live special coverage. old school hard work meets bold new thinking. ♪ partnering to unlock new ideas, to create new legacies, toto transform a company, industry, economy, generation. because grit and vision working in lockstep puts you on the path to your full potential. old school grit. new world ideas. morgan stanley.

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