its trademark burger in court. a judge is rejecting burger kingly effort to dismiss a class action lawsuit that accuses the chain of making the whooper look larger on its menu than in real life. take a look. this is what it looks like on burger king's online menu anwhile no burger is the same. this is a comparison with a whooper at a california burger king restaurant in 2022. the judge says it will be up to the jurors to tell us what reasonable people think. burger king says that the plaintiff's complains a false and flame grilled beat patties portrayed are the same. used in millions to serve to customers nationwide. >> you're a lawyer, i have a whooper. >> no, you don't. >> yes, i do. >> does this look like -- does this look like what it's

supposed to look like? also, but really, i mean, is this false advertising? >> the way that it's smashed on half the burger? i don't know if they serve that to you but they clearly didn't like you when they handed it to you at the moment >> says is what they gave us >> i love a whooper, my daughter love as whooper and i i'm old enough to remember they had the whole french friday taste test. if there's a lawsuit about that moment count me in. the fries were fine. >> we have fries too, i'll send them to you virtually over the screen. >> i'd like to see you eat that whooper now. it looks to unappetizing. >> laura, have great show. see you later. >> i'm laura coats, and we're apparently in la la land. it's a busy news, the manhunt going on now for a convicted

murderer who broke out of a prison in pennsylvania today. he's on the run after escaping the chester county prison, which is about 30 miles west of philadelphia. he had been sentenced to life without parole last week. for the murder of his former girlfriend. stabbed 38 times in front of her two young children. the da says quote, his dough paragraphty knows know bounds, something with nothing oh lose. we have the latest with dozens of law enforcement agencies, k9 units are out. drones, helicopters and i'll talk with the da. the very jail where donald trump turned himself in one week ago in georgia is now the scene of a deadly violent act. an inmate was killed in at least two others injured in a mass stabbing. this isn't even the first in custody death at the jail this month. let alone this year. the big question is why is this

jail so dangerous? and what does this say about justice for all? and on the docket, the 45th president of the united states pleading not guilty today in the sprawling fulton county election interference case and he wants to sever from his co-defendants, all 18 of them. some of when i am wa a speedy trial as in october. which trump definitely does not. his attorney saying he wouldn't have enough time to prepare for the trial by october 23rd. which is the scheduled trial date for kenneth chess bro, clamming forcing the date, quote work violate's president trump's federal and state constitutional rights to a fair trial and due process of law. we're also learning the judge will allow the case to be live streamed and televised. that wouldn't apply to any portion of the case if moved to a federal court. we've got more to come on all of this. let's begin with breaking news,

a manhunt going on now. for that extremely dangerous escaped inmate in pennsylvania, chief law enforcement enforcement and intelligence analyst john miller. john, a manhunt, somebodily convicted of stabbing someone 31 times in front of two young children sentenced to life without parole last week. the question, of course, how did this even happen >> i don't know how it happened. we're waiting to hear word from the chester county prison where he escaped. we have been told that they're investigating what happened there. what do we know about the prison, staffing shortages, they're short 40 deputies. people talk about having to work long over time and things like that. what we do know is the hunt is on with the chester county detectives who investigated this case and want him back. united states marshals, who are really the experts in manhunts and escaped prisoners, and of

course, the pennsylvania state police that have a lot of experience in this. why, because we had the two escaped prisoners from the philadelphia jail. we had mr. burn um who escaped from the warren county jail. pennsylvania is having a serious problem with escapees who are wanted for murder. this is just another case. not all from the same facility >> we don't know how this person escaped? was it going through the yard itself? did somebody aid him? was he in transport somewhere? do we know any of that >> that's part of a criminal investigation, which is why they're being tight lipped. what do they want to know? did he have help from the inside? from other prisoners? did he have help from the inside from staff? but he's alongside a unique prisoner, five foot tall, 120 pounds. he may have been able to fit in

places in your average prisoner could not. >> think about the shortages is there a reason why there's such a short staffing? frankly this is a problem weak seen, john, all over the country in terms of various reasons that have led that. whether it's condition, moral, salary. whatever, do we have a sense as to why in this particular area. >> you know, laura, law enforcement across the country is experiencing this. it's not a time when people are looking to go into law enforcement. and they're having trouble hiring people. in the case of jails more so. here's a case where you can get hired with just a high school diploma. they make $24 an hour. if you add that up, it comes to always $50,000 a year. so it's just not the greatest place to work. i mean, think about it. who wants to work inside a prison who doesn't have to?

the sheriff department is suffering the same problem, chester county courthouse, they're not even getting one deputy per crom. they're having to wait for transports to bring prisoners to the court. and away from the court. so shortages could be a factor here. or a crime of opportunity, a door left open, a post that might have been unmanned. something carefully planned. what do you do? go forward get out to the neighborhood, here's the picture, lock door, don't leave your keys in the car, it's not leak yesterday, even though you're in the country. then you go backwards, who was on his visitor list, who was last person? who were the phone call? let's go over the tapes? is there coded language in calls that didn't mean anything at the time that now that we hear it and see what happened can unraffle this case. >> thank you so much, yet again, this shaping a different facility.

i want to talk about this issue with district attorney for chester county pennsylvania last you're with us. it's unbelievable this man convicted of this crime sentenced last week to life without parole for stabbing his former girlfriend 38 times. i want to under score that point in front of to young children. while you and i are talking he's still on the run. what is your immediate message to the public? >> this is an alarm escape. something that we never expected. and he is extremely dangerous. and as i indicated before. he's a depraved individual who totally butchered this woman 38 times in front of her four and 7-year-old in broad daylight and fled the scene from that area and we were able to locate him hours later in virginia with the belief that he was headed towards mexico and brazil. he's also wanted for another murder in brazil, he's alleged to have shot someone to death over a debt owed to him.

this man has nothing to lose. he'll do anything and everything we think to escape. he's managed to evade law enforcement numerous occasions along the domestic dispute he had with the same victim in 2020. he managed to evade a service for protection from abuse order despite law enforcement from multiple agencies attempting to locate him. he's really good at hiding from law enforcement, we believe he'll do anything in his power attempting to he oh evade us now. we have an extensive hunt underway with the look-out. military involved, helicopter, drones, k9 units, hundreds on the ground looking for him. >> i prosecuted domestic violence cases. one of the things you would look at if there was a murder was to look at the domestic violence history and the interaction between the person who was the defendant and one who was a

victim. and the just what officers were even tried to do going on the scene for crimes alleged like this, this is somebody found guilty of murder just two weeks before his escape. is there any thought or any idea of how he managed to escape the chester county prison? is there an issue with security or staffing? do you believe right now there was help from the inside? help from the outside? was he impersonating anyone? do you have information we could use to try to figure out where this guy might be and if somebody helped him get there >> we're still investigating that now. the detectives from my office are conducting interviews to find out what happened. i don't have anything i can report to you at this moment in time. but certainly investigating and looking no every avenue. this may be a crime of opportunity where he managed to escape. i don't know at this time whether he had someone helping him on the outside. but we're investigating every single avenue possible to figure it out. >> i'll show you the viewers

again the wanted posters. if you see this man, please call 911. look at the tip task force crime he's accused and convicted of having done and now having escaped. district attorney deb ryan thank you so much, we're showing everyone this wanted poster, so dangerous, so important, thank you we're learning now about a deadly incident inside the notorious fulton county jail. one inmate is dead. two others are injured after a masstabbing this very afternoon at the you may remember, of course, this is the same jail that donald trump and 18 other co-defendants were booked for a last week. this might shock you. this is the fifth death of a fulton county jail inmate since not this year. since the end of july everyone. end of july. joining me retired lieutenant commander at the fulton county sheriff's office, charles rambo.

he ran for fulton county sheriff in 2020. unsuccessfully. let me ask you, charles, you're familiar with the fulton county jail. what are your sources telling you about what happened? and for many how can this be the fifth person killed since july it's not even september until tomorrow. >> thank you for having me on this evening. i am having limited intelligence that's provided to me other than what you guys have received. but i do understand that the incident happened on a maximum security floor that i coincidentally did have opportunity to supervise back in the day and restored order when we had similar violence from to 2016 >> how did you restore from violence? >> we restored order boy a system called comstat, where we

help commanders totally responsible and accountable for day-to-day operations you had to know your inmate counts, their behaviors, you're manpower. you had to know exactly the use of force incidents. you had to give that in weekly controlled meetings. it was a no nonsense requirement under a federal decree. i'm shocked in the fact that this tip of violence is ramped throughout the jail and there is no immediate strategic plan to deal with it in a law and order manner >> when i hear federal consent decree that make myself ears perk. obviously, the department of justice we don't have to be involved in isn't respect to have there been either an investigation and decision and agreement between the two entities, doj normally or the law enforcement department itself to have a judge sign off

what's required of you in order to not be in violation of that decent decree. yet we heard a lot about fulton county jail and the reputation for dangerous conditions. as we're speak we're showing images of what it looks like some over the deplorable conditions, the unsanitary environment. dodge launched a civil rights investigation. and pointed to the death last year of an inmate by the name of lashon thompson who's family blamed the unsanitary conditions bed bugs and lice contributed do his death. is there a way given your shock this still going on there has now been all these deaths this month alone, can this jail be revoice mailed. >> of course it can be revamped. overcrowding plenty is not the constitutional issue. it's the conditions that it creates. we have toome back and you

would understand being a da, we have to come back and look at the slow moving criminal justice system where inmates are not getting no courts. we have reports from aclu 1,100 inmates are still housed and not gone beyond being indicted. it's not squarely upon the sheriff but it's on the judges and prosecutors to get these dockets moving to speedy trials. you cannot keep these people inside forever. >> the amount of time you can hold somebody prior to indicting them. which again, they're still presumed innocent until conviction by a jury. charles rambo thank you so much for your time between the. >> thank you for having me. i want to take a step back.

we've been hearing a lot about conditions. woful is the nicest way to put it. not exclusively in fulton county or the jail. joining me is the director of investigative documentary. we're joined. the documentary explores the efforts to reforms the mississippi correctional system. i'm glad you're here. because everyone has been taking a step back recently. they've been talking about a two-tiered justice system. and they've been talking about it with reaction in relation to what's happening in fulton county and the fulton county nine for latest indictment. you and i both know if you're having a conversation about a two-tiered system of justice between haves, and have notesings those with money and thoses without, those with privilege and without. even before you get to trial, there's a lot to be said about this two-tiered system.

what do you see? >> what's clear men what i think will become clear especially with respect to what's happening in full ton, there are those who are end grayish 88ed into the system one way. and others dealt with differently. a lot of the inmates, the residents at prison at fulton county, a lot of them are experiencing heinous conditions. whether it's the water. whether it's the food. whether it's just a conditions of living next to someone going through mental health issues. there are all those kind of challenges to existing in that system. it doesn't necessarily impact those who don't look like me. you know, fulton county jails, prison, r ikers island are

filled with more people that look like me. like the gentleman was saying before me. all the conditions that get them into the system are kind of what need to be dealt with at the same time as the conditions inside the prison. because he's right. the bell system is failing a lot of our citizens. policing is failing a lot of our citizens, which puts mental health services. outside of prisons impact the people who go inside, once inside, there are no resources. once that society. we have to understand once -- a prison has its own culture. yes, this mass stabbing happened but hopefully when the -- when the investigation happens we'll learn more about the dynamics of that society that lives within that system. here's a matter of survival, you know, when it comes to living in a prison.

you know, and i think the, you know, when we live in our community, there's a guy who does this, a person who does that. i think it's the same in a prison community and i think that in order for those folks to survive and figure out you know, how to make it to the next day, how to make the through the next hour, is a challenging situation for all of them. you never know when it's going to explode. you know? and i think >> i don't want to cut you off your documentary about pargement prison shows what's happening in fulton county is so powerful i have to say. is it unique i want people to watch a clip from exposing parchment >> there are black people dying at pattern ofment >> another inmate has been

killed. >> there is something bad wrong at parchment penitentiary >> this place needs to be closed. people are dying. . >> what is your reaction when you see all this? obviously, you are the film maker for it. as everyone is leaning in now and talking about at times a two-tiered justice system as a political talking point. what do you want them to know? >> you know, laura, i think -- it's that the experience of creating a documentary was traumatizing for me. listening to those families stories, watching all those videos, having conversations with men imprisoned and hearing what they want to convey to their families, their daughters. these are people who were part of a family, you know, their son. you know, they're a father. you know, all those things are -- are real. you know, my trauma from going

through this is real. you know, so i imagine like i think about the guy who's been there five, ten, 15, 20 years. what has that person seen, dealt with? what have they transmitted to their families by nature of their experiences, emotions. all of this transmits to our society? the daughter, son who is locked up, he's living today with his father's experience, with his father's pain, with his father's aggression and he has to go out into the world like that. that's the main thing i really wanted to convey. they're a piece of my family. family is everything. when people are locked into these institutions we forget about them. sometimes the family is forced to forget about them based on their need to survive. their need i need to go to work, do this thing. these are human beings. our neighbors, fathers, sons,

daughters. et cetera. that's what i want everyone to understand. these are real people inside. they aren't forgotten digits. and things thing take a told on everyone when it takes a toll on an individual inside a prison >> well said and somewhere i read in a constitution about cruel and unusual punishment. i wonder if it's a time to revisit that issue, as we're talking about a two-tiered system of justice. thanks for joining it. several of donald trump's co-defendants in fulton county want a speedy trial. i'm talking as in october, speedy trial. former president, not so much. what are the chances he's actually going to be able to sever his case from those who really do? we'll talk about it next. ♪. ♪ .

on the docket tonight,

donald trump pleading not guilty in the georgia election sub version case. of course, that was expected he wasn't going to plead guilty but he's asking the judge to sever his case from co-defendants who want their trial the end of october. the speedy trial. what's that mean? and will the judge actually grant this request? well, that's the big question. we're also learns the judge says america will be watching. because this trial will be televised. that means every single person around the country, well, around the world will have the opportunity to see how the legal process is playing out in georgia. i want you to bring in cnn political commentator and former lieutenant governor of georgia, geoff duncan and former georgia prosecutor chris timmons. i'm glad you're here. jeff, i'll begin with you. we already known the unprecedented nature of having a former president indicted not once, not twice, four teams.

now we'll be able to see the former president on trial for conspiracy, rico beyond. is this good for the public to be able to watch this? >> i think it's important for the public to watch this. we've got to get this right. got to get facts out there. we got to make sure americans know what really happened so it never happens again. i think america will be shocked to see some of these facts to surface, the deseptember task force together, overwhelming dissolution of the facts and quite honestly the unamerican nature of all of this, it will be an important process of the healing process. i hope it's never to be repeated again >> there's been a number of trials in recent american history we've been watching on television, oj comes to mind, alex murdaugh as well. a variety of trials in between. people lean in to see how the system is actually working. i would note. neither the defense nor

prosecution are appealing the decision to have it televised. from your perspective, is there a downside either for witnesses or just the scrutiny for the judge and the prosecution to have it televised >> laura. i don't think so, i've done some not nationally but locally televised trials. i think when you do those you understand how reality tv shows like big brother work. you just figure out that the camera fades into the background. and you do your job. with witnesses, there's going to be enough pressure in this case coming no testify and what would be the trial of the century if not the trial of the millennium whether there's a camera or not. i don't think the camera will affect the dynamics. >> hopefully in terms of scour the it won't present an issue as is the idea of making sure that every tis crossed, every i

dotted. but jeff, to you a severance will the judge here allow trump to sever his case particular co-defendants who want a speedy trial? fani willis said she wanted to try all 19 of them when she first announced within six months. do you think this will be granted to have that severance. >> i think it's ironic that donald trump is the one that wants to have the case severed. only box of classified documents when he left at the white house were the ones that convinced everyone the election was rigged. this should be a slam dunk. the reality is it's interesting to see it developed. 18 of the 19 indicted could care less about donald trump's future the only one cares about his future is donald trump himself. watching mark meadows and them coming up withly legal strategies it will get more

intense and cut-throat >> less you think about is the in he can say trickiblely inter2019ed nature of the rico charge against them and there's a bit of a a timing issue. whoever goes first, they will have the evidence go before a jury or pool and be televised. but no one there to advocate for defendants who aren't there. you can imagine the finger pointing down the road that says look who's not here next to me? they're the ones who did it but i have a technical next for the audience. if they're allowed to sever, if one is allowed to sever, does that mean all 19 have to be tried separately in georgia. >> no. laura, you know, as a. >> four prosecutor, one of the biggest issues with any judge in any courtroom is judicial economy. and so they don't have to sever everyone's depend penn wharton they're antagonistic defenses. but to the extent defenses are aligned, defenses will be tried together. i don't real levickly don't

expect this. you know as a former prosecutor sometimes that's the breaks. sometimes you actually end's trial weeks back-to-back. so i think i mean, as a former prosecutor, we all know that sometimes you got to go forward even full of you're not ready. even defense attorneys as well. >> absolutely. i remember being pregnant telling the judge i can't try the case on that day. and she said is the entire government pregnant? i already know how this might go down for people. thank you for fungible as they say it is after all the government or the people of the jurisdiction, not the individual prosecutor or defense counsel at times, gentlemen, thank you, both. well, senator mitch mcconnell has been trying to reassure allies that he's in fine health and fine enough to keeps had leadership position. they're not all convinced. stay with us. ♪ ♪

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. is cnn. tonight, serious health questions surrounding one of the most powerful men in washington, dc, the capitol physician said senate minority leader mitch mcconnell is quote, medically clear to copy working. 81-year-old had another disturbing episode. he was freezing about 30 seconds after asked a question. it's the second public episode in two months. i want you to bring in cnn medical an this dr. jonathan whiner. thanks so much for being here. i wanted to pick your brain about what we're seeing here.

this phrase that he was quote medically cleared to continue with his schedule. just vague enough to tell us nothing. what does it mean to you? >> means to me they've seen this before and evaluated him before. any person who experiences a sudden cessation of speech and sort of staring off into the corner ten to 30 seconds should go to the hospital. if that happens to you for the first time, you need to be scanned. you need to be evaluated. you need a neurologic exam. after seeing the senator do that for the second time, first of all, it's safe to say that the first time he had this done he was evaluated. so having seen it multiple times, they sort of know the cause >> we can't assume the last time we saw it was the first time? >> that was the first time we saw it. so but we do know that this episodes has happened now multiple times.

it would have been evaluated thoroughly the first time by a really super confident group of docs who work at the office. the office of attending physician run by an old medical school friend of mine, brine monahan, terrific physician. great group of people. i'm sure the senator was evaluated. this to him if he's feeling well, there's no reason why he couldn't resume his test >> president biden weighed in and made a comet about him being his old self. we need to have insight into the physical condition. we don't have that same requirement when it comes to members of congress. so we rely on statements and not an honor system of sorts. but one in which they can choose to tell us or not because of their privacy. should that change >> every patient has the right

to privacy. i think you give in up once you run for public office. he's the leader of the senate republicans. high profile and has wielded a tremendous amount of power. people who vote for him deserve to understanding first of all, whether he or any other candidate is up to the job. are they well enough to do the job for which they're being elected? and also whether they're likely to have significant health issues that could interfere with them finishing their term, fulfilling the full term. we struggle with this every cycle when we evaluate people who are running for president. this year we have two candidates. to leading candidates who are fairly old. we'll hear more about this. i think going forward. but i'm a strong believer that any sort of salient medical issue, i'm not talking about a

rash when they were 15. you know, any salient public issue. the major medications they're taking. surgeries. have they had cancer? is that a concern about severe heart disease. the public should understand, or mental health. most diagnoses are not squalling disqualifying with the exception of a few. but the public has the right to make that decision. >> an important point. this is rooted in the concussion or otherwise what's been happening, dr. jonathan whiner nice to see you in person. >> my pleasure. north carolina, everyone is investigating a state supreme court justice over her comments about the state of lack of diversity in the judicial system. guess what? she's suing them. her lawyer joins me next. ♪ ♪. gy r.

north carolina supreme court justice anita earls is suing, why to stop public from speaking on. a cot she made about lack of thdiversity. justice earl discu t supreme court's record related certainly think now i'm on the besee ways i'm tated differently byagues and during oral me. sometimes it's har separate out. is this race or is this gender or is this because of my political views? any one of those three or the combination of although might be the explanation. now, following the interview, state judicial standards commission launched an investigation into her public comments. justice earls is the only black woman on north carolina's highest court and one of two democrats. join meeting is her attorney,

presley mill inwhat is your clint of assertion of possible racial gender bias or a hustling special experience that so manies to have triggered an investigation? ? well, laura, first of all, thank you for having me. i think first is first. what i need to say is that, in an ideal world, my client would be here herself talking to you. the problem we have is that our concern is that if she were to make another public statement, including a public statement on your show, there's a real potential that there could be even a further investigation based on what she said on her. so it's necessary instead for me to substitute for her. she made some comments that are in my view very measured. they're on matters of public concern. they concerned an issue that has been boiling in this court for a

long time. which is the very small number of advocates who come before the court who are foam and from a minority background. she was asked questions. she talked about it. and somehow, this has triggered an investigation, a formal investigation, by the state judicial standards commission, into whether what she is doing is now undermining the public confidence in the judiciary >> the reason she mentioned her population it's an elected position. states ethics commission attorney sent a letter to your client saying she may have violated code of jewishes conduct a judge should conduct herself at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary. what about her statement undermined that do they say. >> not one thing undermines it.

here's the problem. there's another cannon no one mentions. it's the cannon that says judges have the right to talk to and educate the public about the administration of justice and about the judiciary. if judges ability to talk is squelched, stiff he willed or chilled. public isn't going to know what's going on in the judiciary. no one knows better than judges how it works. one court that dealt with situation said about a judge that was criticizing some imperfections in the court and disciplined for doing that. the court said you don't increase confidence in the judiciary by flowing a cloak of secrecy around what's going on joe biden i note she wasn't commenting on a particular matter before her or case in controversy. she was talking more generally about what she saw at her

observations in the oral argument procedures. the juci commission sent i statement. quhe north carolinjewish shall standards commission is a non partisan investigatiy comprised of members appointed by the chief justice governor g council. the commission is set to dmrooted to investigate all incidents of alleged judicial misconduct and cannot comment on investigations. we'll follow the story. thank you for your time. >> thank you, laura. we'll be right back. ♪ ♪ .

. before we go tonight, a preview of this incredible new cnn film. little richard, i am everything. taking a closer look to reveal the black queer origins of rock and roll and the man who brought it to life. his name? little richard. ♪ ♪. >> just like a shot out of a cannon. his voice, he created the rock and roll icon. >> sorry it wasn't elvis. >> i am the king of rock and roll. >> first things that you loved that your parents hate is the beginning of a sound track to your life >> little richard's lyrics were too lewd to get air play on the radio. ♪. ♪. >> have you very good at liberating other people. he was not good at liberating himself >> ♪ ♪

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- [announcer] do you have an invention idea but don't know what to do next? call invent help today. they can help you get started with your idea. call now 800-710-0020. . hello and a warm welcome to our viewers joining us in the united states and all around the world. i'm bianca nobilo. >> amazing transporter skills. >> yeah, i just moved from anothe