i have serious concerns about anybody that has a reckless disregard for the handling of classified documents. >> military guy, he allegedly had national security information. >> very problematic. there is a reason i am not defending it. >> would you be okay with that? a convicted felon as your nominee? >> no, honestly, i wouldn't. it doesn't look good. >> really telling answers there. >> yeah. >> good morning, we're glad you are with us. 8:00 a.m. on the east coast. bright and early, 5:00 a.m. on the west. and donald trump is now in the legal fight of his political life after being arrested on federal charges for allegedly mishandling and hiding classified documents. we are going to break down what happens next in this historic criminal probe.

>> this is called election interference and it's a political persecution like something straight out of a fascist or communist nation. >> we will be fact-checking the long list of misleading and sometimes outright false claims the former president made during his speech last night after his arraignment. >> also the lead manager of trump's first impeachment adam schiff will weigh in on those charges. this hour of "cnn this morning" starts right now. ♪ ♪ >> here is where we begin. former president trump quickly turning this historic arrest and arraignment on federal charges into a campaign fundraiser last night just hours after he turned himself in and pleaded not guilty to 37 felony counts in miami. he delivered a defiant speech to a crowd of donors and supporters at his golf club in new jersey. it was full of misleading

claims, false claims, including trump's doob yaus arguments that presidents are allowed to keep whatever documents they want when they leave office. >> prosecutors said he illegally kept classified documents with some of the closely guarded secrets including details about america's nuclear program and hid them from the fbi, allegedly stored them in places like a bathroom next to a toilet at mar-a-lago and showed them off to people who didn't have security clearance. the current president has refused to comment on trump's indictment and did so again yesterday. >> would you comment on the arrest of the former president, sir? >> no. >> and that was cnn's jeremy diamond at the wows. now we have team coverage. kaitlan was inside the courtroom for that historic arraignment. daniel will fact check trump's claims in last night's speech. elie, john, laura for expert analysis. kaitlan is outside the courthouse in miami.

you have done such a great job of giving us color about what was happening in a courtroom we couldn't see or have access to, walk people through what you were able to see. >> reporter: i saw donald trump, jack smith and the room, this intense room, this silent room that for 50 minutes when the judge was presiding had to walk through a lot of procedural things. but it was quite tense. there was many, many security people around donald trump. there were some members of the public able to witness this, but not many. just a handful. and then the press. 20 or so, maybe 30 members of the press that were able to be in that room as well to witness the proceedings and whenever trump was there, he seemed to be not in a great mood, honestly. he was slumped over for some of the proceedings. he is a really tall man. he is taller than both of his lawyers. when he was seated, he often was -- sat down lower than both

of the lawyers on either of his sides. there were other times where he had his arms crossed, just listening to the judge. he looked at the prosecutor a few times, but not really. i don't believe there was any eye contact that trump made with jack smith, the special counsel, in that ram. but, you know, this proceeding was procedural but it really marked an important start to that case. the former president of the united states being placed on under arrest for these charges and the beginnings of the proceedings that will head towards a trial. there was a judge that was doing this yesterday, jonathan good man, a magistrate in the southern district of florida. at the end of the proceeding he said this is the end for me. it will go to others in this case and that is what will happen next. donald trump's codefendant in the courtroom tomorrow is expected to enter a plea of not guilty like trump did yesterday at a later date once he gets a lawyer in florida. and then it's in the hands of

judge aileen cannon, lifetime appointee by donald trump himself. and judge cannon will be shepherding this towards a trial. >> one of the hallmarks of cnn's great justice team, you, evan, paula, a wide range of people who do great work, is that it is a team effort. but our sources tell us that you had some pretty special help yesterday. would you care to fill us in on that? >> reporter: phil, your sources are correct. we had a team of high school students from the miami area who actually were assisting with us getting the news out because no one in the media by order of the judge was allowed to bring any electronics in. we had no cellphones. we had no computers. we were being held in a jury room for much of the day. and then when the proceedings began, i was able to physically go inside the courtroom itself, which there is no leaving. there is no talking to anyone. there is no electronics there. but the rest of our team, these

high school students, evan perez and two additional reporters, tierney and hannah, they were in that room strategizing like settlers of kattan, trying to figure out how to get access to two working pay phones in that jury room to call the news out. so they designated one of the high school students to receive notes from them and call the only local number, one of the only local numbers they had because the phones only reached miami numbers to call into an editor who was able to then relay the news to the network, get news out as what was happening in the courtroom as they were watching. another thing that was really wonderful about this was one of these high school students had a watch. no one else on the team had a watch. so we designated him father time. >> like a real -- like an old-school watch. not one of the like phone watches. >> i love the effort you guys put in behind the scenes to actually make this stuff happen. get news out.

>> one of them spent the night before gathering quarters for the pay phone only to find out -- >> also there is the rooster, which everybody had to contend with. it's not a fake sound effect kaitlan has been dealing with roosters over the last couple of days. it doesn't take anything away from the significance or the history of the moments but the dynamics and logistics and recruitser underscore how much the team put in which we appreciate pretty much. >> this was the arraignment and then we had the speech. >> kaitlan, thank you. >> appreciate it. >> and the team. and we want to talk about what the former president is doing on the legal side and the political side and we want to bring in daniel dale to fact check some. claims made by the former president when addressing the crowd at bedminster. trump claimed that the espionage act shouldn't be applied in this case. take a listen. >> charging a former president of the united states under the espionage act of 1917 wasn't

meant for this. the espionage act has been used to go after traitors and spies. it has nothing to do with a former president legally keeping his own documents. >> all right, daniel, the former president's contention. what are the facts? >> two big problems here. these are not his own documents. they are the legal property of the federal government. second of all, though, this idea that the espionage act is only meant for traitors and spies is just not true. there are provisions that target traitors and spice but also the provision under which trump and many have been charged, 793-e and it makes a crime to willfully retain national defense information and refuse to deliver it to the united states. nothing in that provision requires you to be a spy, to do any classic espionage, to deliver the information to anyone. as an example, you can go back and look at another indictment,

the 2017 indictment of a former nsa contractor harold martin accused of taking classified document information and keeping it in his car and house. he was never accused in court of giving it to anyone, of being a spy. he was portrayed as a hoarder. he ended up pleading guilty. not a spy. this provision was applied and he was convicted and sentenced. >> one other thing that is so interesting is that the former president made the point that instead of the espionage act the law that should be applied here as a presidential records act which actually isn't part of the indictment. listen to this. >> threatening me with 400 years in prison for possessing my own presidential papers, which just about every other president has done, is one of the most outrageous and vicious legal theories ever put forward in an american court of law. as president, the law that applies to this case is not the espionage act, but very simply the presidential records act which is not even mentioned in

this ridiculous 44-page indictment. under the presidential records act, which is civil, not criminal, i had every right to have these documents. >> putting aside the fact that that's not even in the indictment, if it were, does that -- does it absolve him of any of this it? >> it doesn't. the presidential records act, the idea that it absolves him is upside down bizarre-o world stuff. it says that all official records from a presidency are the property of the federal government, the national archives the moment that president leaves office. one expert put it to me, the fact that former president trump violated the presidential records act doesn't prevent him from being charged for allegedly violating another law. there are two other problems of fact. he not actually threatened with 400 years in prison. federal sentencing doesn't work by adding up the maximum possible sentence for each

crime. that's not realistic. second, it's not true that just about every other president has done what he has done. no other president in the presidential records act era, starting with president ronald reagan, hdone anything like tak a trove of sensefied classified documents and refuse to give them back to the federal government when asked repeatedly to do so. >> therein the willful retention allegation. thank you. your fact checks are gold. appreciate them. >> read more of the fact checks on cnn.com. >> let's change in our chief legal analyst laura coats, elie honig and john miller. >> you may have seen john in the inception level before we introduced him jumping in on the rooster and the team thing. that was him. >> that was john. the one and only. >> he observes them. >> he knows who he is. >> so shall we start? >> we shall. >> where do you want to begin? >> i think we are at a very pivotal moment here because it's, you know, it's an indictment, but it's the second

indictment and there is a third indictment that's supposed to be coming out of georgia possibly if the grand jury so votes. but this is a pivotal moment because right now there is a player in here which is judge cannon, who can exert a lot of control over this or a little control that can really influence it. if judge cannon decides to fast track this case, decisions on motions and so on, this is the kind of thing that can be defining in the series of cases. and that is interesting because of judge cannon's past with this case. if -- and this has to happen at some point, which is the judge in florida has to pick up the phone with the judge in new york state and maybe later with a judge in georgia and say, all right, we can't all proceed at once. so which is the case to go first? the difference between this case is it comes with a possibility of significant jail time. the new york case much less so.

so, we're literally going to have to -- and i know he my colleagues will weigh in on judge cannon because she is actually not just a pivotal but controversial figure here. >> can you talk about why? >> so judge cannon is the judge, i mean, she will have a huge say. two things. she is a trump nominee to the bench, 2020. she was approved 56-21 by the senate with 12 democrats supporting her. >> why does that make her controversial? >> because he is the defendant in front of her. by the way, i think it's important not to just sort of dismiss judge cannon because she did rule in trump's favor and was overruled on the special master -- but she is a serious, accomplished person. she worked at an elite law firm. she was a federal uprosecutor i this district, southern district of florida are, for seven years. she is a newish federal judge. i think there is a little bit too much willingness to write her off because she was reversed

on that one case. district court judges, find me a judge who has not been reversed many, many times. i don't think that is a basis to remove her either. >> i hear from judges who are very critical of the media on this point. i want to vocalize this point. we often say things like this appointee or the supreme court we will talk about the so-called conservative versus liberal wing and we can be accuse of, i think rightfully so, contributing to the perception they are not an apolitical branch. on a good day, even without any of the perceptions of political bias or perceptions of who should be beholden, judges have an extraordinary impact on cases. they will tell you about the voir dire process, what type of questions come in, how you determine impartiality, evidentiary motions, the idea of

even the process of objections overruling or sustaining them, directed verdicts, i mean, that's before you even talk about who nominated. so i have an extraordinary presence. the question of the schedule will be one of the most important things in the rocket docket, don't you think? yeah, and the number one thing that judge cannon decides is when do we do this case. that is the judge's purview. and if she wants to be aggressive and feels it's important to get this in before the election, she can try to get it in in early 2024. we have that manhattan date in march into april. and if not, if she doesn't care to, she can very easily let this slide to after the election. that to me is the most important thing she will get to decide. >> final thought? >> when you look at all of these investigations going on, this one faces that other additional challenge, which is now the intelligence community has to step in and say this is the balancing act. these documents were so

sensitive, so secret and the defense is going to say, prove it. the jury's going to want to see it. so they have to go through this process of figuring out for each document what was the part of that document that made it so sensitive and if you can redact that source or that method, can you till use the rest of it to show the weight of it? >> great stuff. stay around. many more questions to come. house republicans are moving to censure one of trump's fiercest congressional critics over something from 2016. that congressman adam schiff will join us ahead of that vote coming up next. phil: excuse me? hillary: that wasn't me. narrator: said hilillary, who's only taken 347 steps today. hillary: i cycled here.e. narrator: speaking of cycles, mary's period is due to start in three days. mary: how do thehey know so much about us? narrator: your all sharing health data without realizing it. that's how i know about kevin's rash. who's next? wait... what's that in your hand? no, no, stop! oh you're no fun.

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adam schiff accusing him of lying about trump's alleged ties to russia in the run up to the 2016 election. censure is public scolding of a member of the house. the vote could come today or tomorrow. schiff says it's nothing more than a distraction from trump's indictment and arrest. republican leadership doesn't think they will have the votes to get this across the finish line even though they hold the majority. we are going to ask the congressman himself, adam schiff joins us now. he is also running for the senate seat held by the retiring senator dianne feinstein. i want to start with what happened yesterday before we talk about the censure effort. in that what the former president was saying about an absolute right to take documents that he wanted no matter the document, that appears to be at odds with several different issues laid out in the indictment. how do you expect prosecutors to handle that defense if it's what his lawyers bring? >> well, i think it will be

handled easily, actually. the law is clear. they are not his documents t they belong to the united states of america. some of those documents involved highly classified data and information that could jeopardize our sources of intelligence collection. that's going to be a pretty easy case to make. but of course trump is trying to make his case in the court of public opinion and doing what he always does, which is playing the victim, misrepresenting the facts, and hoping that he can at least persuade those that are part of the extreme maga base. but in the courtroom it will be a different story. there will be rules of evidence and prosecutors are going to be able to use these comments as evidence against him. >> they are. you saying, congressman, this will be an easy case to make. do you think -- are you saying that this is a slam dunk for jack smith's team of prosecutors, especially given the jury pool they are going to select from in south florida and what we have seen in terms of how south florida has treated political defendants in the

past? >> no. i am saying that the case to make that these are not his documents is easy to make. whether it's easy to get a conviction when you are trying a former president and you are trying a candidate for president in the current election, that's a very different issue and i don't underestimate the difficulty of that because as the defense you need to try to peel off one juror. but nonetheless, the facts set out in the indictment if proven are devastating because, of course, they show premeditation on trump's part. this wasn't an accident. they didn't just end up there by some inadvertence. this was deliberate. it was a deliberate effort to mislead investigators. he used his own attorneys to try to deceive the federal -- the fbi and those facts presumably jack smith will be taable to st in court. they are much more damning that

i was expecting. >> congressman, most former prosecutors are weary of questioning a judge or attacking a judge in a particular case. i am interested in some of your democratic colleagues raised concerns about the judge that will be involved in this case, aileen cannon. do you share those concerns given some of the authority particularly at the early stages of this process? >> i do share those concerns. and i agree with the analysis that you all made that the fact that she was appointed trump is not a basis in of itself for disqualification, nor the fact she was overturned on appeal. what concerns me is why she was overturned on appeal, was the extraordinary nature of the ruling she made, the appointment of a special master, the degree to which that was unprecedented and you had even a conservative court reverse her. so it's not just that she was reversed, but the fact that she endeavored in such an unusual way to assist the trump defense.

that's what concerns me. >> in terms of blocking which of those documents taken from mar-a-lago could be viewed by the team at that time. and it was the 11th circuit unanimously, including two trump appointees, who reversed her holding. do you believe she should recuse herself? dick durbin says he is concerned, but not to the point of reduce cues al. >> well, i think ultimately that's a decision that the judge is going to have to make. but the standard ought to be this. will the public have confidence in her rulings? or will the public believe if, again as she did in the appointment of the special master, she is going too far to support the trump defense. essentially, ignoring precedent, doing things that are unsupported by law. will she have credibility? and if the answer is no, then maybe she should recuse herself. >> congressman, a number of your republican counterparts are

saying this is representative of a double standard. i think there are elements of that where you say this is not an apples to apples comparison. however, it is true that the investigation into the current president's son has been going on for years now. do you think that the justice department is dragging its feet on that investigation? i ask because addressing on its merits would seem to be important when it comes to trying to rebut that criticism if you think it should be rebutted. >> well, you know, of course, i don't have any insight into what the justice department is doing or the pace of what they are doing vis-a-vis the president's son. but you could, of course, make the same argument, and i have, frankly, the same concern regarding the investigation into january 6th. those events are now more than two years in the rearview mirror. the january 6th committee that i served on, we investigated that and were in many respects ahead of the justice department in our interviewing of witnesses, in our gathering of documents.

that should not have been the case. so i don't know that you can judge based on the pace of an investigation. the mar-a-lago case is very discrete. it has a discrete set of facts. it was more capable investigating more rapidly and they got to a point to make a decision. i would hope and expect they will make a decision on these other cases with due speed as well. >> congressman, let's talk about the censure effort by your republican colleague that could go to a vote today. the focus is what you said about alleged collusion between trump and russia over the years. let's just play a reminder for viewers of some of the things you said then i want your reaction to the censure effort on the other side. >> collusion between the trump campaign and russia -- >> it's either an extraordinary, extraordinary coincidence or what collusion looks like. you can see evidence in plain sight on the issue of collusion pretty compelling evidence.

the russian government effort to help elect donald trump. multiple offers of russian help to the trump campaign, the campaign's acceptance of that help and overt acts if furtherance of russian help. to most americans that is the definition of collusion. >> have you seen the texts of what she has put forth that will be voted on, and what is your reaction just in general to this call? >> well, first of all, all those statements are exactly right. i have seen the texts of the resolution. it's a grab bag of fox attacks. it goes to russia and ukraine. it's essentially a censure resolution based on the the fact i investigated and led the first impeachment of donald trump to a bipartisan vote to convict. that's really the gravamens of their complaint. this is an effort to distract from donald trump's legal problems, gratify donald trump by going after someone they feel was his most effective

adversary. i'm flattered by it. but the fact that speaker mccarthy would take up this maga resolution when we have so many pressing challenges before the country is really a terrible abuse of house resources. >> my understanding in talking to republican aides is that they don't think it will pass despite them having the majority. is that your understanding? have you been whipping this vote or are you letting it play out? >> i am not whipping it. i don't know where the votes are, frankly. you know, i think that who is whipping it is people like steve bannon, the president's maga advocates are championing this thing. how many republicans, if any, will stand you will to the bannons and the trumps and the maga world, i really don't know. i can say this. the speaker is the one who decides to bring this before the house. and the fact that we have so many pressing challenges in california, in our home state, with opioids, with college debt, with homelessness and this is how kevin mccarthy wants to spend the time of the house, it

just goes to show where his priorities are and right now his priorities are distracting from the dysfunction of his own house membership and distracting from the pressing legal problems of his party leader donald trump. >> all right. congressman adam schiff, appreciate your time, sir. >> thank you. new inflation data is about to be released ahead of the federal reserve's upcoming decision on rate hikes. we will bring you those numbers next. and we are learning this that the armorer on the "rust" movie set was allegedly, quote, drinking heavily during filming. state of mind prosecutors say when she was -- when the loaded gun was used in the shooting. my most important kitchen tool? my brain. so i choose neuriva plus. unlike some others, neuriva plus is a multitasker

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"rust" movie set shooting will testify that armorer hannah gutierrez-reed was, quote, drinking heavily and smoking marijuana during filming. special prosecutors say she was likely hung over when she inserted a live bullet into a gun she knew would be used by an actor, alec baldwin, and accidentally shot and killed a

cinematographer. chloe, wow, what else do we know here? >> there is this criminal trial that is looming, and the charges of manslaughter against alec baldwin were dismissed in april. but in the filing they also say that they have the right to bring charges back against alec baldwin depending on what they find out about the gun. now, hannah gutierrez-reed, who is going to be facing this trial in this new filing from friday, i am going to read a little bit of what the special prosecutors have written here. they say witnesses in the current case will testify that defendant gutierrez was drinking heavily and smoking marijuana in the evenings during the shooting of "rust." it is likely that defendant gutierrez was hung over when she inserted a live bullet into a gun she knew was going to be used at some point by an actor while filming a scene with other actors and crew members. what's significant is that along the way for the last two years,

almost two years, when we have been trying to figure out how did a live bullet get on the set, there was never supposed to be live bullets, it was supposed to be dummy rounds, and there have been all these questions about the chain of command because the assistant director and hannah gutierrez-reed have both maintained that they did not load the gun and they did not hand the gun to alec baldwin. so these are things that, hopefully, will be become clearer when this goes to trial. i reached out to alec baldwin's legal team to ask about what they think about the fact that criminal charges could actually come back and they are not commenting. >> what about her legal team? >> they have come out swinging against this. they have said that this is not true, they have maintained hannah gutierrez-reed's innocence and that they will fight these charges. they say that the prosecution has abandoned the idea of doing justice and getting to the actual truth apparently. so more to come on this.

again, this criminal trial is looming. >> all right. great reporting. thank you. >> can't forget the life lost in this. key data on inflation. our chief busy correspondent christine romans. >> it's a good number, you guys. factory level inflation. >> this is before you get the goods in the grocery store, at the big box store. it this is the factory floor where it's made. the past 12 months 1.1%, below pre-pandemic levels. that is below pre-pandemic levels. month-over-month inflation fell, fell 0.3%. overall the annual number is the slowest inflation growth since december 2020. you can see 11 months in a row now of cooling factory-level inflation. so this is a sign that all that work from the federal reserve is working and i think this is another data point that would suggest the fed doesn't have to

pause today. no news from the fed today would be -- does have to pause. this is a no news from the fed today will be big news indeed, show that the fed thinks -- >> pause. >> how good is this for the biden white house though? might not have been transitory, but it's coming down. >> the speed which it's happening after it never felt like it was happening, this is huge. people care about the economy. >> people look at these core numbers that are still elevated, especially in core cpi yesterday, that's not trouble the white house because they are looking at numbers used cars and shelter prices coming down in the fall and so they are thinking that we're on the right track here, stabling the economy and cooling inflation. that's what everybody wants to see. >> thank you. ahead, cnn crews on the front lines of ukraine's counteroffensive. it is stunning.

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we've got new reporting this morning. secretary of state antony blinken will officially head to beijing this weekend. a significant trip that comes as the biden administration navigates its tense and complicated relationship with china. slated to head there in early february, but crescheduled because of that surveillance balloon incident. secretary blinken will meet with chinese officials to discuss the importance of maintaining open lines of communication to responsibly manage the u.s. relationship. ukraine launched a much anticipated counteroffensive against russian forces. cnn is the first american network to get access to the troops if the offensive. fred pleitgen joins us live in

zaporizhzhia, ukraine. you can't imagine, unless we were you and your team, what it is like to be on the front o front lines of this and what happened when you were filming. >> reporter: yeah, you are absolutely right, poppy. it is tough going for the ukrainians here. they say that they are making advances on those front lines. by the way, in part also because of the modern western weapons and u.s. weapons that they have been receiving. but there is also really fierce russian resistance with the russians pelting the ukrainians with artillery and also using come about the jets as well. here's what we witnessed. ukrainian forces firing at russian troops holed up in south ukraine. this video the brigade says shows the russians making a final stand here. much of the area near the front lines deeply scarred by combat. >> this is the area of ukraine where the heaviest fighting is taking place. you can see what it's done to a lot of the buildings in the cities and villages around this area. that fighting is set to get even worse.

we are with the 68th brigade which has been making important gains. the soldiers confident and grateful for u.s. supply gear. a lot of times saved my life, he says. it saves our lives every day from shrapnel, shelling and bullets. but some of the vehicles have already been lost and the russians continue to fire back. constant artillery shelling and even airstrikes too close for comfort as our crew had to duck for cover. >> reporter: still, the deputy bri

brigade commander says his s soldiers are just getting started. our counterattack will definitely be successful, he says. we believe in victory. we are moving forward towards our goal. on this part of the front line the ukrainians believe they have the gear, the manpower and the determination to advance far into russian-held territory. so you can see there that's the situation on one part of this very large front line. there are other areas where the going is equally tough for the ukrainians. one of the things we have seen is they have those initial successes, managed to push into a couple of villages south of the area where we were there. however, they are also still facing some pretty tough russian defenses. those are layered defenses. so the ukrainians say they know if anything for them, the going is going to get even tougher. poppy. >> remarkable reporting, fred. thank you to you and your team. coming up ahead, our coverage, the former president's ramt and arrest continues. what's next and what precedent

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because there are places where investigations have brought indictments or could bring indictments to the former president, but also places where the law enforcement based in atlanta, fulton county, has visited these other two places to get a sense of things. i want to bring back our panel and start with that, john miller. i think it's fascinating. we saw this reporting from our team that they are on the ground in new york. i wasn't aware of that. they are on the ground in miami learning, trying to put together kind of a playbook for something where there is none to some degree at this point. >> now there is two. that's to their benefit. but this is a relatively common process when the pope came to new york, his next stop was philadelphia. i invited my philadelphia pd colleagues to new york to ride with us, literally through the entire event, to pick up whatever they could pick up that could be useful. in this case, the questions are how do you get a president, a former president in and out of a courthouse. what are the things you do that are different. in this case, the answer is, yes, you mag everybody coming in

the front door, but re-mag them on the floor before they go-go into the courtroom in case something was missed. how do you use motorcycles as out riders. they studded new york with the barrier configuration, looked at what miami did without the same barrier configuration by using cars, and this is because the district attorney running the georgia case that president trump is one of the targets of sent a letter out to the sheriff saying in the next term, the next court term between july 11th and september 1st we're likely to have charging decisions. so they know that clock is ticking. >> let me sound a note of appreciation for the authorities, law enforcement officers, cops, court security officers in new york and miami, two very difficult situations and both of them went exactly as they should. people exercised their first amendment rights, at times loudly in colorful ways, but peacefully and lawfully and

everyone was kept safe and secure, especially court security officers, they often get underappreciated. a note of gratitude to them. >> absolutely. also why am i so much shorter than you in this camera right now? i'm going to scoot my posture up for a second. this is really more than just a dry run. i mean, this is now -- it might be the third time. they're also looking at the notion of what the crowd was like, what was the fervor, was there a propensity for violence. there's online chatter to consider ever since january 6th as well. the coordinated events. what you saw on january 6, for example, compared to what you see for ad hoc protests, what coordination might be looming. that's also the reason why we are going to hear less and less information from people who might be in the courtroom. we didn't know jack smith was going to be inside the court, there's safety considerations for that as well as the rhetoric becomes more toxic watch for the prosecutors to be more on guard

about the divulging of information and the appearances and whatnot. it is a problem for the sunshine laws but also what we as the public would like to hear about an open and transparent court proceeding. that's one way to get due process, you have to be able to have information. the more there's security risk the more we are at risk of not getting the information. >> i'm sorry, i have to do my high horse again. >> it's high. >> literally high horse. but also my figurative high horse about courtroom access, right? cord proceedings are public, anyone can walk into a courtroom, our high school interns had to wait in line. we live in 2023, there is no reason on earth why court proceedings should not be at least broadcast audio-wise. >> the supreme court has audio. >> the supreme court, the only federal court that allows any live feed is the supreme court and only because they were forced into it by covid. >> i would argue cameras maybe should be allowed in there. another fight. >> we need to see this, exactly the reasons that laura said, we

can see it and they're o old fashioned they won't let us. >> when you don't see it that's when you have the opportunities to create a narrative and say what was really said. it's so hard as we all know to disprove the negative as in that's what really happened. the prosecutors also want to hear the information, they are in the room where it happens, but these different events campaign-wise are also a moment for us to hear what might be being said, just not on the record. >> for sure. and, by the way, this is good times for courtroom sketch artists. there was the sketch yesterday, i don't know if we have that, but we're going to be covering this like it's 1920 because we will get a typed up transcript at the end of the day, hundreds of pages per day that we're going to have to go through, and so this is the only visual we are going to -- and i have to say a word about a sketch. this is the most generous sketch artist in the history of sketches. >> okay. >> i'm not talking about donald trump, let me be clear. i've been sketched and it ain't good, maybe that's my fault. the other people, i know some of them, those are very generous sketches.

i want that sketch artist next time i go into the court. >> we have ten seconds left. what should we be looking for, one thing that you're looking for going forward right now? >> is how do they coordinate these cases because if this becomes a chain reaction crash where, you know, everybody puts on the brakes and this stretches out forever and ever, one of these cases has to be selected to go first. >> it's a really interesting point. laura, elie, john, thank you for hanging out and making us smarter. i appreciate it. >> amen to that. new york city is setting a minimum wage for food delivery workers. what's driving this decision. harry enten here with the morning's number on a beautiful day here in new york city. up at 2:00am again? tonight, try pure zzzs all night. unlike other sleep aids, our extended release melatonin helps you sleep longer. and longer. zzzquil pure zzzs all night. fall asleep. stay asleep.. - thisis is my coffee shop. and that's me and my custom shirt from custom ink.

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all right. so new york city is now setting a minimum wage for food delivery workers. cnn's senior data reporter harry enten has this morning's number. what is it? >> good morning. this morning's number is $17.96. that's for app-based delivery workers not counting tips. why are they boosting it up to $17.96 per hour? here is the math behind the decision. these delivery workers were only making $11 on average per hour

after you take into account tips and expenses. it's expensive to be a food delivery driver in the city. that is well south of the $15 minimum wage for the city's nontip workers. so they're boosting it up to actually get people up to the minimum wage. >> the $11 includes tips. i'm sorry, are people not tipping? >> no, it includes tips but it's also the expenses. >> what i'm asking is are people not tipping that much? >> yes. >> okay. >> here is the situation, look at this, americans who are always tipping on their food deliveries, look at this, back in august of 2019 it was 63%, look at where we are today, it's 50%. we've seen a steady decline. and this is part of an environment in which americans are tipping less. so this is average tipping across five different categories. back in august of 2019 it was 48%, look at where we are today, 41% are always tipping. of course, there is the tipping conundrum. 66% of americans hold a negative

view of tipping but just 16% of americans are willing to pay more to end tipping. >> how many of those 66% work jobs where you needed tips. >> that's exactly right. these are people who make -- who don't recognize that these folks need the tips based upon what they're paid. >> you heard me say totally. our friend in the control room said they were our heroes during covid. that's true. they were on the front lines during all of this. true story, i decided that i loved my husband when, like 20 years ago, he gave a 50% tip on the bill on like the first night we went out and he was not making a lot of money. good heart, right? >> yeah. 6 66%. >> harry, appreciate it. >> thank you very much. >> and cnn "news central" starts right now. >> true story. ♪ new sign