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♪ ♪ live from fulton county, georgia, the first televised hearing in the criminal case against donald trump and others. we have cameras in the courtroom as the judge is set to consider the timing of the coming trial there. very soon secretary of state antony blinken will meet with ukrainian president zelenskyy after making a surprise visit to kyiv overnight. it's a significant show of support for ukraine as russia's war rages on there. tropical storm lee barreling through the atlantic as the national hurricane center warns it could reach hurricane strength today. where is it headed and do i need my jacket? i'm john berman with sara sidner and kate bolduan, this is "cnn

news central." ♪ ♪ an important first in the criminal cases facing donald trump is about to play out. cameras in the courtroom in georgia, a live broadcast of the proceedings, everyone able to listen in and see the action in court for themselves. 1:00 p.m. eastern, that's when it's happening. the judge overseeing the 2020 election case in fulton county, georgia, is going to be hearing arguments over requests to separate the cases of the 19 co-defendants, consider the timing of -- timing requests for trial to begin and also consider the scope, if you will, the evidence that the district attorney says she has against the former president and others. d.a. fani willis, she wants all 19 co-defendants who as of yesterday have all now pleaded not guilty to the charges that they face. she wants them to face trial

together. she wants that trial to kick off in just over six weeks from now, october 23rd, but as we all know, donald trump's legal team is asking for a later date, a much later date for him to face his 13 criminal charges alone. cnn's sarah murry leads us off this hour. what is everyone going to be able to see this afternoon when the cameras turn on? >> well, we'll get our first look at the judge who will be overseeing whoever goes to trial in state court, how he runs things and maybe some insight into his thoughts about whether these folks should go to trial as a group, when he believes would be a reasonable trial date. the heart of this hearing is supposed to be about two of trump's co-defendants, kenneth chesebro and powell who worked on donald trump's post-election efforts and both of them want a speedy trial. they do not want to go to trial together. they do not want to go to trial with the other defendants in this case including the former president, so we will get a

sense of how the judge is wrangling all of this. one thing we will learn today because the judge has made it clear in his order is the district attorney's office sense of their evidence and sense of how long these trials should take. the judge made clear the d.a.'s team should come with a good faith estimate was how he put it for how long it would take for all 19 defendants to go to trial together, how long it would take if these defendants were split up into sub groups and the number of witnesses she might call at a trial and the number of exhibits she might put forward. we all should get some insight into the district attorney's case, but again, this is interesting because we will see a lot of this on camera, and it could be a precursor if we're to see donald trump in the courtroom, kate. >> good to see you, sara, thank you. john? sara? >> joining us is former prosecutor jeremy salan, thank you for being here. well start here. how strong is the case for a speedy trial?

a defendant can ask for this. this is the normal course of things. >> it's not a strong case or not, they have the right to ask for a speedy trial. at the same time the court can impose a speedy trial to protect the accused and not to force a trial within a certain period of time. keep in mind, under georgia law, if a person does not get the speedy trial that could mean that the case is dismissed. >> we will see this for the first time against donald trump. this is the first time that we'll see any of it play out in a courtroom. i know it's about logistics and scheduling which might seem pretty mundane, but are there any signs that we can glean of this? anything we should look for as we see it for the first time? >> to a certain extent it will be a teaser to the feature film and not everything that you will expect, but yes, you will hear some of the arguments and see the evidence and not necessarily testimony, obviously, but they'll have to set forth, hey, i have a certain timeline, and this is why i think i can have it. here are my exhibits and here are my witnesses and not going

through each and every one and not know the general number and this is why i think i can do this in this period of time and i think you'll have color and insight and not necessarily what they'll see. >> doesn't it change things a bit? you will see that people will play to cameras and stipes the jury is sitting there and they worry. there have been people threatened already and we want to watch it and the public wants to watch it and there are difficulties here. >> there are difficulties and it's one thing for us to sit here and pontificate and say what we think should happen, but when you see people in the courtroom and you hear that evidence directly from the person who was a witness to whatever occurred or seeing a particular document it is so powerful. it is an incredible tool not just to craft public opinion and to make sure that the jury and the judge sees what actually happened. it's not wabout what anyone is

saying on the out and it's you and the public are going to see and wait a second, it's playing out right in front of me real time. >> 19 co-defendants in georgia. what's the likelihood and the incentive for any of these people to flip? >> i think that someone is going to flip, and you're already sort of seeing that and you look at some of the fake electors like shafer and the three that came together on that front. they have a reason to say i may be in the pyramid of the rico conspiracy, but i'm one of the foundation, smaller people at the bottom. why am i going to take a fall and have my hands in something, i didn't show up at this meetings and i didn't do these things and i was working at the discretion of the former president and his people and i would not be shocked especially if one trial has happened before and there was a conviction that others flop. >> you have donald trump saying i don't know some of these

people and he doesn't actually have communication with, but were taking orders. thank you very much, jeremy saland and great analysis there. cnn, by the way, will carry the hearing live and special coverage will be here at 1:00. >> cnn news central south will be carrying that and i will be glued to the television. >> a major show of support for ukraine this morning. secretary of state tony blinken is in kyiv. he arrived overnight for this unannounced visit and soon he will be meeting with president zelenskyy and he will soon be taking questions from the press. blinken is the first cabinet secretary to visit since the counteroffensive began. cnn's kylie atwood is at the state department for us. what's the goal of the visit from the secretary? is it to visit or send a message? >> i think it's both, kate. first of all, it is to send a message at this critical moment and this isn't a new message, kate. it's one that we have heard from

the administration time and time again. the secretary of state obviously felt that this was a critical moment, a strategic moment to make the case once again that the biden administration that the u.s. is fully committed to ukraine. he has said that in his morning remarks as he made this unannounced visit to kyiv today, and he's going to say it throughout the day that the biden administration is with ukraine both in supporting them militarily and also in supporting them twhen it comes o building their democracy and making sure they have an economy to make sure they come out of this war standing. he is also meeting today with u.s. diplomats. that meeting just wrapped and he expresses gratitude from the state department and the whole of the u.s. government for what the diplomats have done and how challenging it's been on the ground for them and also for the local staff, ukrainians who have been at the embassy working with u.s. officials there while many

of their loved ones are on the front lines. many of their communities have been destroyed, kate? >> kylie, thanks for being there. we'll keep watching this very closely today. sara? ? just ahead, today, senate minority leader mitch mcconnell is expected to try to squash concerns over a pair of recent health scares in which he froze in the public for several seconds. we'll take you live to capitol hill. the longest prison sentence, 22 years for the leader of the proud boys. what was behind the stunning sentence. you are looking at live pictures in austin where the impeachment trial for the texas attorney general is this hour. the latest from the courtroom ahead. own terms. retinol overnight means... the smoothing benefits of retinol. are now for your whole body. plus, fast-w-working crepe corrector diminishes wrinkled skin in just two days. gold bond. champion your skin. i'm sholeh, and i lost 75 popounds with golo. i went from a size 20 to a size 6.

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so shortly, senate majority leader mitch mcconnell is expected to address a closed-door meeting with the senators. it's become a concern for some after a pair of incidents when he froze while speaking to reporters. cnn chief congressional correspondent manu raju is on capitol hill. i understand you just had a conversation with a key republican senator. >> yeah. i've spoken to several of them on the way into this republican -- this senate judiciary committee meeting and still the question that is still percolating here in the halls is exactly whether or not senator mcconnell can continue to do his job, how long he can continue to do his job and what exactly caused this situation where he saw two freeze-ups and causing a lot of alarm among republicans and democrats alike and speaking to one of them just now, senator lindsay graham and someone who has been an ally of mitch

mcconnell for some time and he indicated he is concerned about senator mcconnell's health and he supported him and continued to stay on the job as long as he was able to do so. listen. >> wait, any concern about mcconnell's recent freeze-ups? >> i saw him on the floor. yes, i'm concerned about itch in. he's my friend, and he's my colleague and he's my leader and i will continue to support him. the medical report from the house physician was positive, so i am behind senator mcconnell continuing to do his job and we'll see where hopefully medically this gets fixed. >> do you think he should be more transparent? >> i don't know what more he can do? he had the doctor released. >> he never explained why he froze up. >> well, he went to the doctor. i don't know what i do. >> so there are still questions here in capitol hill among even

some of the gop senators who will be listening to senator mcconnell and what exactly what happened there and we did see that the doctors note that came out yesterday that said what it was not according to the doctor, no stroke, no seizure disorder or parkinson's disease among some other major issues, but exactly why this keeps occurring, will it happen again? that is one question that some of the senators have raised to me as i have spoken to them and they want to hear senator mcconnell detail that and provide more transparence toe the whole situation, and we do expect senator mcconnell to talk about that behind closed doors and this is the first time he has met with them over the last five weeks when the senate has been in recess. a lot of questions and the question will be whether republican senators are satisfied how long senator mcconnell will stay in his leadership position and we expect to hear from senator mcconnell when he talks to reporters after the closed-door meeting. >> if i know you, manu, you will get a detailed play-by-play of

what mitch mcconnell says behind closed doors. manu raju on capitol hill, thank you very much. kate? >> joining us is a former democratic senator from alabama, doug jones. thank you so much for coming in, you, like anyone who serves in the capitol. you know how bizzyusy this perif time is, and the sprint to the finish and all of the work that has to get done and the priorities in front of everyone in september and then you have this concern over senator mcconnell and these freezing episodes. what did you think when you saw those episodes of him freezing? >> i was concerned, too. i got to know mitch, and i got to know him, and like a lot of people i was concerned and the president of the united states called him and expressed those concerns, too. i just don't think that he is in real jeopardy of losing his spot as majority leader at this point. dr. monahan from the house has

incredible respect among the senators. he travels with senators and they know him so i think his word goes a long way in e laying fears of folks because it will be a busy fall. >> in the midst of this we have a presidential primary, and candidates speaking out. you probably heard nikki haley said just last week about the republican leader and these freezing episodes. >> what i will say is right now the senate is the most privileged nursing home in the country. mitch mcconnell has done some great things and he deserves credit, but you have to know when to leave. >> as you said, you don't see eye to eye with mcconnell politically, there's no question and there's no question that he has long been a very effective leader for the republicans in the senate and what if he would decide in this period that we're

in right now to step aside from leadership duties or is forced to? >> i think it would be -- unfortunately, it would be a win for the maga extremes of the republican party. they're the loudest right now calling him for step aside. they're the only ones calling for him to step aside, and mitch has really become an institution and i think as minority leader he can stay the course right now. try to keep the republican party on a path that is i little bit sane in the senate. what you are seeing is bipartisan efforts in the senate and we've seen it for the last two years and i think that that's important for the country and it's important for democracy and we'll see how things go, and i find nikki haley's comments fairly distasteful, not only as a former senator and also as an american and someone who is also getting on up there in age as she will. i just think that we have to

respect folks a little bit more than just playing the political game that she's played. >> let me ask you this, the democratic caucus has faced age and there's lingering concern for dianne feinstein, included and it raises the topic that is often discussed and never settled which is the topic of term limits. why will this never happen in the congress, senator? >> well, because it's got to be passed by the very people that you're going to limit their terms and once you get in office. i think senator johnson is the best example of that. ran on term limits and when it was time to give it up, he decided that the people of wisconsin wanted another term and in fact, they voted for him another term. the term limits thing is at -- every six years for the senate and every two years for the members of the house, and i think that has worked well for 250 years or thereabouts and i think it will continue to do that as we go forward.

>> not only were you senator from alabama, and your background as so many people know is a well known civil rights attorney. just yesterday a federal court threw out alabama's congressional map again after the republican-led legislature ignored the supreme court's decision and refused to draw a second black majority congressional district. what's your reaction to this? i mean, they essentially said, thanks, supreme court, no thanks. we're not going to do exactly what you're telling us to do. what's going to happen now? >> well, i think that you'll have a special master like the court said. a special master who has a map maker. they're going to draw a map that the court is going to give both parties an opportunity to talk about and the court is going to approve a map. kate, that's the way we do things in alabama. we're the state and the legislature was just poking a

finger in the eye of the united states supreme court and the district courts and it was stunning that they completely ignored it. the map they had was worse than we got right now. it was a 200-page opinion, well-documented just like the one a couple of years ago that the supreme court upheld, ultimately upheld, and i think that this court will do the right thing. i always believed this court was going to do the right thing and this was going to be a big event for not only alabama, but also for the south and to really start making sure that we have congressional delegations that reflection the diversity of the south and the growing diversity of the south. there will change in the country and it will come from the south. >> former senator, doug jones, thank you very much for coming in. sara? the former leader of the proud boys will spend 22 years in prison and what prosecutors say led to the sentence that's the longest one yet for a january 6th capitol attack case.

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a judge has handed down one of the longest sentences for a january 6th capitol attack defendant to the former leader of the right-wing extremist group the proud boys. enrique tarrio was sentenced to 22 years in prison. he helped organize the attack on the capitol in january 2021. earlier this year, though,

tarrio was convicted on six charges including seditious conspiracy and conspiracy to obstruct an official proceeding of congress. tarrio and his group came dangerously close to actually succeeding in their plot to stop the peaceful transfer of power from then president trump to the newly elected president of joe biden. before sentencing, tarrio apologized for the pain and suffering of law enforcement, legislators and others that day adding, quote, the trial showed me how wrong i was, but the prosecutors pointed to my interview with tarrio in february of 2021 saying he was not remorseful at all. take a listen. >> you write, when the people fear the government there is tyranny. when the government fear the people, there is liberty. doesn't that show that you are celebrating terrorizing people. >> i was celebrating and i'll tell you, i'll celebrate the moment that the government does fear the people. at that point, again, and i didn't have all of the information that came in, why

they were carrying or anything like that, but i think -- >> now that you know -- >> no, another thing is i'll never regret something that i said. >> they are doing the job that the people put them there to do and if they don't like it they can vote them out. they are still americans. they are still human beings who felt that their lives were in danger. how can you not feel any sympathy or any empathy towards that? ? i'm not going to worry about people, that their only worry in life is to be re-elected. >> he certainly changed his tune while in court. in sentencing tarrio to 22 years behind bars, the judge slammed him for his, quote, toxic ability to control others. kate? >> important -- really says something when you see that interview that you did, years later after what he's facing and many years behind bars. great stuff, sarre. ? the historic impeachment trial against the texas attorney

general, continues today. the man at the center of it all is ken paxton, you'll remember pleaded not guilty to impeachment charges yesterday. paxton is a longtime fixture in texas politics, but he has been suspended from the job ever since the republican-led state house impeached him for abusing the power of his office and even bribery. ed lavandera is at the texas capitol. ed, they held a vote yesterday and what does it say and tell you about paxton's future here? >> well, the state senators here had a chance to essentially dismiss the vast majority of the articles of impeachment against ken paxton before this trial even started and really looking at those votes to get a sense of where senators are and where this might be headed. they could have dismissed this and it was a simple majority, but on all of those votes ken paxton got six to eight votes and we're reading the tea

leaves, here, kate. it seems like the attorney general has six to eight votes in his favor. whether or not that can withstand the course of a several-week impeachment trial is left to be seen and ken paxton needs ten votes to be acquitted and it is not exactly clear as well if those votes are there for them, but there is a great deal of political pressure mounting on these senators and all of this comes down to the republican senators here who are listening to all of this. there are pro-paxton groups that are mounting challenges and voting people out of office if they don't vote for paxton and that pressure will continue intensifying, kate. >> ed lavandera. thank you so much, ed. >> it's a real circus what's happening. >> yes. >> huge implications. former president trump running away from his republican competitors in the polls, but you may be surprised by one reason his supporters say they back him.

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some breaking news just in to cnn. a federal judge has just delivered another blow to donald trump ahead of his second legal battle and court fight with e. jean carroll. let's get over to kara scannell. kara, tell us what the judge has decided. >> that's right, kate. this is a blow to former president donald trump. as you may remember he was found liable of defaming and abusing e. jean carroll for statements

that he made in october of 2020. there is a separate lawsuit related to statements that trump made about the same conduct and the same statements essentially in 2019. that case is set to go to trial in january, but the judge has found now is that the jury's verdict holds on finding that these. stays both in 2019 and in 2020 were defamatory. so that is something that this new jury will not have to find. in other words, the judge saying that the jury in this case coming up in january will only have to make the decision of how much money donald trump will have to pay e. jean carroll in damages for the statements that were defamatory. so they're going into this trial with that conclusion already made, that the statements trump made when he was president denying allegations that he had sexually assaulted e. jean carroll in the mid-1990s and his denials that he even knew her and that she wasn't his type and that will all be found in e. jean carroll's favor as the

trial would begin in january. so the question on the table is how much he will have to pay her in damages and the jury earlier this year already found that trump has to pay her $5 million for the previous defamatory statements and trump's lawyers had asked this judge to put a cap on any future damages and the judge saying here he will not do that. it's just a matter of how much more the former president will have to pay e. jean carroll when this case goes to trial in january, kate? >> this is a very big deal. it's no question, it seems that donald trump on top of the $5 million in damages that has already been awarded that he'll need to pay up and there is very little question that he is going to be facing even more damages that he's going to have to pay, an untold amount, we will see coming in january. thank you so much for the update. john? >> also significant, it is no longer a question of if. this second judge or the judge in this second case is saying it's not a case if donald trump

defamed carroll, that's settled and only how much to pay the second time. very interesting there. this morning a brand-new cnn poll does show trump has a lead in the republican presidential primary. he is at 52%, a lot more than anyone else. of course, the good question is why? let's dive into those numbers with cnn senior data reporter harry enten. it turns out in our poll we did ask why. what did we find out? >> we did ask. and the most important reason for supporting donald trump is not because of his traits. 89% said because of issue agreement and take a look here. who is best to handle these different issues and this is among republican adults, economy 69% say trump. 65% of republicans say trump on immigration and on ukraine, 63%. so it's issues that are really giving trump this lead at this point. >> it's interesting. if trump continues to hold the

lead on the economy versus joe biden even though there have been all these months of jobs growth, even though there were job losses at the end of trump's term, and let's talk about the charges and we're not talking about e. jean carroll charges and we're talking about the other four cases and the four criminal indictments of donald trump. what impact do they have? >> here's the situation, which is that donald trump facing charges because again, this is among republicans. look at this, the clear majority. 58% say it is because of the abuse of the justice system and it wasn't because reporters were leaving trump. they do not think he did anything wrong and they can see this on the specific things and even if they're true, charges should disqualify trump from the presidency. classified documents case, 13%. overturning or the efforts overturning it 2020, so even if these are true, i'm not thinking

many voters or republicans will leave trump. >> if true, none of this above 20%. >> harry enten, thank you. >> that was interesting. thank you, harry and john. meanwhile, a new message for democrats from the man who helped get barack obama re-elected. the campaign manager from obama's 2012 re-election bid telling politico this morning that the democrats need to chill out about president biden's chances of re-election. we are joined by jim messina and usa today's susan paige. i'm getting right to your comments. you called people bed wetters. i almost spit my coffee out. why are you so confident in biden's chances for re-election? >> well, look, i spent most of my august break getting calls from panicked democrats who ruined my vacation, so i decided, sara, to just look at the data and pretend we never heard of joe biden or donald trump and just look straight at the data about the misery index

about unemployment and various statistics that really prove who is likely to win presidential elections and when you look at the data, joe biden has a much better chance than donald trump to win the presidency. it doesn't mean it won't be close because it absolutely will. it doesn't mean trump can't win, because he can, but i wanted to give real data to folks who say if you were playing poker you'd much rather have biden's hand than trump's. >> what is it with the hand wringing? we see this a lot with democrats. a lot of hand wringing that they do in the lead-up to these elections. >> democrats are historical panicers, and i count myself as a proud democrat. part of it is hillary's 2016 loss which democrats couldn't get over and couldn't believe happened to donald trump. part of it is al gore in 2000. we've had two major moments where what we thought was going to happen didn't happen, and so now we sort of panic at anything and it's a natural,

understandable thing. i just say, sara, let's look at the data and try to figure out what it actually says as opposed to panicking and calling me all august. >> susan, now to you. one of the reasons why people panic in general is the polling, right? and what the polling tells you. "usa today" had a poll of registered voters who say they are unlikely to vote, but by three to one, these non-voters say that they would support donald trump over biden if they actually did go to the polls to vote. why is that? >> watch out what you wish for. these are votes are, disenchanted voters who many of them believe donald trump that tell them if the election is rigged and corrupt. as a result, millions of them are not going to bother to vote, but if they did vote they would overwhelmingly support donald trump and if the non-voters participated they would change the landscape and you would not

believe the panic from democrats calling jim messina. >> his vacation would continuously be ruined. i do want to follow up with something. what would it be to get the non-voters to the polls and was there any indication of that? >> well, one thing, they like better, there is a lot of dissatisfaction with both candidates and the other thing is serve out of ten told us that seven out of ten would put the candidate over the line and that might get them to the polls, but these are voters who have given up on politics and given up on elections and they'll be hard to getity on on the ballot. >> some of the things could hurt him in the upcoming election and to 2020. ? jim, mike, to you, he'll be in new hampshire talking about the dangers of populism, meanwhile,

donald trump, who used to be his boss is making the case for populism. let's get away from this idea of populism and go more conservative principles that he says he stands for? >> it's a silly message for him for two reasons. one, the republican modern party has had this fight and donald trump and the populists won and the numbers show that really clearly. two, to beat the king you have to take the king down and all of these folks especially pence are too scared to actually go hit donald trump and have a real debate with him and try to take him down. so they're trying to talk about issues and they're trying to talk about really philosophical questions about republican ideology and that's just not what modern republican primary voters want to hear as harry's own numbers talked about. >> okay. i mean, i have to ask this question to the both of you, if

the election was held today, the polling is -- is telling us that it looks like it's even stephen. do you think that's going to be the case? are we going have a really, really, really close election coming up in 2024? i'll start request you, susan. >> i would say that we're a closely divided nation, quite polarized and that would indicate a close election and one thing to watch for is there a credible third-party candidate because that could scramble the arithmetic entirely. >> there could be that third-party candidate. we will see. jim, what are your thoughts? >> i agree with susan. i think any election for president in america will be croes, but the national polls don't matter and we are down to serve states that will decide this election and it's important to look at those seven states and not get caught up in the race. sadly, i wish it weren't true, and those states will be close in this election. >> we're not a true democracy. we're a representative democracy and there's a whole electoral

college that makes a huge, huge difference. we'll be watching the swing states as with anyone else. thank you, susan and jim for something on. we appreciate you. coming up, coco gauff continues to dominate on the course and the first american teenager to reach the u.s. open semifinals since serena williams back in 2001. we'll have all of those highlights and much more whehene come back. i did have hearing aids from anonother company... i was just frustrated... i almost gave up. with miracle ear it's all about service. they're personable... they're friendly. i'm very happy with them. we provide you with a free lifetime of aftercare meaning ee checkups, cleanings, and adjustments. i see someone ne.. someone happy... it's really made a difference. call miracle ear at 1-800-miracle

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special music, history is being made by budding american superstars at the u.s. open.

our andy scholes has the latest. andy? >> ben shelton is the biggest american rising star in men's tennis right now. he is only 20 years old and he is having himself one great u.s. open. he won the men's singles national title in florida just last year. before turning pro, his dad brian is a former pro and his coach, he was in the stands watching his son battle frances tiafoe in the quarterfinals last night. this was the first major quarterfinals match between two african-american men in the era which dates back to 1968. the third going to a tiebreak and shelton, an incredible return right here to save set point and that was big because he ended up winning that set, and this is what he had to say afterwards about this amazing return. >> sometimes you have to shut off the brain and close your eyes and just swing, and maybe it was a little bit of that down set point, but it ended up

working out. some may say clutch, but i don't know about all that. >> close your eyes and swing. shelton would win the match in four sets to become the youngest american man to make it to the u.s. open semifinals since 1992. waiting for him in the semifinals match is going to be novak djokovic, the 23-time grand slam champion easily beating taylor fritz in the three sets yesterday and after the match. djokovic celebrated by leading the crowd in new york with a little courtside karaoke. >> okay. everybody, ready? ♪ you've got to fight ♪ ♪ for your right ♪ ♪ to party ♪ whew! >> they've been playing that earlier in the match and djokovic wanted to sing and on the women's side, coco gauff cruising into her first u.s. open semifinals and it only took the 19-year-old 68 minutes to

beat jelena ostapenko, to make it to the semis since serena williams and she'll go against muchova tomorrow and see if they can pull off the upset over djokovic and some more great matches there at flushing meadows. >> some really exciting stuff. i would give anything not to hear novak djokovic sing again. 23 grand slams does not mean, apparently that you can carry a tune. andy scholes, thank you. >> sara? >> listen, he's really good at one thing, we know. >> some stuff, not all. >> singing? not all of the things that john has. you should hear this guy sing. you are minutes away from the first televised court hearing of donald trump. what to expect when the cameras turn on and senator tommy tuberville is downing down on blocking military nominations

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