just in, south korea is saying they believe north korean leader kim jong-un has now arrived in russia to meet with vladimir putin. kim is traveling by train, but it is a long and very, very slow trip even through -- that train that you're seeing there, is so heavily armored that "the new york times" has reported that it can only reach a maximum speed of 37 miles per hour. that's pretty slow. that's it for me. cnn primetime, and cnn tonight, with my friend, laura coates, starts right now. >> we live on a train.

>> that's what i talked about this morning. >> it's a different contact. nice to see you, as always. i'm laura coates. welcome to "cnn tonight." breaking news, pennsylvania state police say they are have confirmed a sighting of the con convicted killer. that's being investigated further. a live report coming up. the legal fight is coming fast and tfurious, as donald trump's team wants the federal judge to recuse herself from the 2020 subversion case, that's brought by jack smith. he is arguing the public are l not accept the outcome of the case if she doesn't recuse yourself. in georgia, he is asking several

charges to be removed against him. and tomorrow is the deadline for one fani willis to explain how 19 cases could be tried together. that's tomorrow's news tonight. and what's the story of the defendants on the rico case? and are they getting a preview of the case? and listen to what brad raffensperger told anderson cooper tonight. much more to come on all of that. i wanted to start with all of the fast-moving developments in the case against donald trump. joining me now, former white house lawyer, james schultz. and chris timmons. we have a view here. trump's lawyers are honing in on this comment, on n the case of a

rioter from january 6th. the people who manned that capitol were there in royalt loyalty to oneern. who remains free to this very day. that rallied you to take action and to fight have not been charged. i wonder when you think about that statement there. are you seeing that as a cause to have her recuse herself? a lot of judges on this docket have had to grapple with confidents. is it enough to recuse her? it will be largely in her own discretion to make that determination. and there's not a chance that she's going to recuse herself

from this case. she has asked for an expedited briefing. they will put it in context. these comments were made by folks being sentenced in the cases. she made an appropriate chance. >> i think it gives her the road map and context. and she will be the one hearing the case. there's so many judges that had to preside over the many cases already. in another filing, trump is asking to dismiss several of the state charmg charges in the ful county case. he says he wants to move to

federal court. we're going to see a lot of the motions. what is the likelihood of success in georgia? we know that mark meadows was unsuccessful so far. how about trump? >> this was kind of a me too. tagging on ray smith's motion. don's motion says the enterprise in rico is too broad to be appropriate here. what he is trying to do is gain sympathy for his client nationwide and by potential jurors. by thinking that anybody kcould be swept up in the rico enterprise. i don't think it was filed for the court. but the public.

mark meadows is asking the 11th circuit to intervene to cause the decision that says he can't move to federal court and take on an appeal. the supreme court justice is designed to decide whether to bring it to the full justices is clarence thomas. you're a georgia prosecutor. how long can this take? and what happens to those sur suing the state charges? are they in limbo? >> we have a speedy trial on two of the defendants. those two will be headed to trial on october 23rd. the thing that is up in the air is who will be with them. and a lot of them depends on how the 11th circuit acts. the further we get towards the 23rd, the likely we will have two going.

knowing i will have to tie up my excuse me, and looking at it times two and the other cases that will be held up while those cases are pending. that will be problematic. yu have people in jail and couples that want to get divorces. >> it will take a lot of resources. not the first case of this type. other cases that fani willis has tried. they might whittle to a smaller number by the time it goes to a trial. as chris side, only two. i wonder what impact you think of the idea of the appellate process will have.

the judge asked, are we prolonging appeal? and one said, let me have my turn and maybe it's thursday next. and we'll wait and see. >> i've said, as clean as jack smith's case is, this case is messy. this is a rico case. a ton of motions filed. we're probably two years out from a real trial on this thing, other than the folks who availed themselves to the speedy trial provisions. and motion practice after motions practice. there's a chance that the circuit court asks for expedited briefing on that. they will have to overturn it or send it back down to do what they need to do. >> the court was clear not to have meadows have his case

removed. you can foresee a time, can we not, when one will say it's my turn to prolong this. and one person does not want to go this year. storm, it will be consequential. the real qstion in georgia everyone is wondering, is say fani willis' team comes back. d convinces the judge, i can do this case of 19 people at once. look at the lovely yearbook photo we have, and they all go forward with trial. if they are able to convince the judge of that, the fact that two have a speedy trial mean the other 17 could actually have to go on that date?

that's what that means. >> look at this beautiful chivalry happening right now. my heart is warmed just now. chris, you can go. and jim, if you want to respond for the whole motion here. >> my apologies. if you're the judge, you want it to go at one time. the wild card is the federal removal and double jeopardy. i don't think anybody understands. jeopardy attaches at the state level and it is removed to federal court, do you have double jeopardy at that point? the judge still has concerns. and nobody has answered the question yet.

>> it will be difficult to have these at one time. i think she will have a hard time.making a case all go at one as always, thank you so much. my next guest argues that the 19 defendants have a coordinated strategy behind the scenes. nick ackerman is a forme er watergate reporter and joins me now. you say there is nothing illegal happening behind the scenes. but these 19 co-defendants lawyers they are not islands unto themselves, are they? >> of course not. what you wind up doing in the cases is entering into a joint defense agreement with all of the other lawyers to protect the privilege. and to come up with a strategy and a way to go after the government's case.

to try to muck it up and make things difficult for the government. >> people here think it is it a signed document? does the judge need to look at it and agree on it? this doesn't have to be a signed document. it can be orgaal they agree to this. they come up with a strategy. the strategy is to try to break up this trial any way they can. they essentially cause the government to try this case more than one time. right now, it's possible they are trying it two times. what they really have to do. the d.a. has to be firm that she has prepared to g go ahead with all 19 defendants in act.

the two that demand the speedy trial are doing it on behalf of all of the other defendants so the government is put through the burden of doing this twice. they get a preview of the case, and are put in a position where the government has to go under the burden of doing this. then, to be where they have to make better deals with the defendants. >> why do you want to break it up? show me what you got. the more times a case is tried, there could be motions that were successful. you're talking about having to prove the criminal enterprise. >> you have to do it every time. >> they have to have everyone.

what is to stop a jury from saying why is everyone not here? how do you force them? >> you force the defense. there's two people to say they are in a position to go ahead in october. and use that against all of the other defendants. if these two people can do it, the rest of you can do it. you'll be here on october 23rd. if the judge does that, all of a sudden, these two people who have asked for a speedy trial, are going to withdraw the two demands. >> we heard about antagonistic defenses. we're going to point our fingers at each other in some way and try to confuse a jury for a variety of reasons. is that part of what the joint defense agreement seems to be?

>> there's not antagonistic defenses here. >> they said that last week. >> they may have said that. but there's nothing antagonistic about what they are going to do. i have never been involved in antagonistic defenses. you are then having people point at each other. it's bad for all of the defendants. there's no such thing as an antagonistic defense among multiple defendants. that's not going to happen here. that's one of the defenses the judge used. the judicial economy and expedience of trial. he was honed in on that. you can imagine that jurors might be saying to themselves,

who is more at fault? are they eventually going to point the finger at one another? that's what happens if somebody flips. >> that's if they flip. there's no reason to think that any of the people are going to flip or turn on the others. these are the trump fans, they are going to stick by him. >> you think so? >> all of them? >> think they that donald trump is going to take care of them. he will take care of the legal fees, despite what everybody is saying. they are hanging in there. they are all in this pogt. there's eight schemes among this ri rico account. and it's easy to

compartmentalize people here. there's not much finger-pointing if you're accused of steeli ste data in coffee county. there's not a lot of finger-pointing to be done here. they are distinct schemes within the enterprise. and all of this is considered by the jury against all of the defendants. there's really no reason not to try them all at the same time. and there's no reason why two can be prepared to take on the evidence at once, why the others can't do it at the same time. if i were the judge, i would assume it is an admission by two of the defendants. >> i think the judge is clear. i don't know if i have a bill on me or not to bet you.

trump is not the person when you hear there is a likelihood that people will stick together. when people realize that jail time is ahead of them, think think differently. >> as they get closer to trial and realize there's a problem, some could flip. the rest of the people go in front of a jury with no one pointing a finger. >> nick ackerman, thank you so much. breaking news. confirmed sighting of the escaped inmate tonight in pennsylvania. the latest tonight.

> there's breaking news tonight, everyone. the pennsylvania state police are confirming tonight another sighting of the escaped murderer. joining me now, brian todd and andrew mccabe d retired fbi official agent. this is another sighting tonight of him? in real time? what do you know? >> we got word a short time ago, from trooper james mckay. he's said there's been sighting of him tonight. within the last two hours, my team and i saw and moved through visibly ramped up police fence in the area. that was the area where he, according to local residents and police ditched a van he has

stolen. he stole that from a dairy farm. that area is the area we're talking about. we saw a ramped-up police fence a short time ago. the pennsylvania state police. moments ago, issued reverse 911 calls to all of the people in that area. this is from the pennsylvania state police. it says, the pennsylvania state police are receiving reports of escaped convict, in the area of ridge road, in south coventry township, possibly armed with a weapon. all residents are asked to remain indoors. if you observe anything suspicious, if you see the individual, do not approach him.

call 911. they are saying that he possibly has a weapon. up to this point, the police have not confirmed if he has a weapon. do you have any indication he does not have a weapon? this is significant. not only a tighting. he possibly has a weapon on him. and it's in the area he ditched the van on wednesday night. the third confirmed sighting of him in 48 hours. saturday night, he was captured on two ring doorbell cameras of work associates of him. he was seeking help. he did not get it. he did converse with someone in portuguese asking for help. that person was not able to help him. the other person was not home. three confirmed sightings in 48

hours. this one tonight. and reverse 911 call to residents saying he possibly has a weapon. that's significant. >> it is. i'm hearing of this 12 days now in. his appearance has changed and he's bold enough to communicate, as well. does this change a lot in the ground operations? >> i think it elevates a degree of desperation on m mr. cavalcante. he cannot stay where he is. he needs to get away. he needs transportation, food and shelter and clothing periodically. he is 24 hours a day, on the hunt for those items. he improved the situation by changing the appearance. he changed his clothes. acquired some transportation.

ran out of gas with the van. now, he's been in the same area for at least 24 hours. that tells us he's not acquired new transportation. if he has armed himself with a gun or a knife or any other sort of weapon, that elevates the concern of law enforcement significantly. his next intersection with a home to get the things he needs, could turn violence. he's used violence before. he's killed twice before. and he does not want to go back to prison. they are looking in the right places. but desperation is elevated. >> when you have someone with their back against the wall, as he is. the desperation. convicted of a horrific homicide. might be armed.

they have been able to triangulate to have a reverse 911 call to warn residents about the areas he's in. what is sticking out to you about this? >> as andrew is saying, he's desperate. he's moving at night. he's getting seen by the community. whether the tip came in looking at the security camera. or whether he tripped up and was seen by a law enforcement and they were able to see the fir firearm. the fact that law enforcement is pushing into this area with the assets available. canine and air assets, infrared. moving in and pushing hard at this point. you get him running backwards on his feet.

there's no reason he won't create a barricade situation where civilians might get caught in the crossfire. >> we heard law enforcement wanting to stress him. wanting to encircle him. what happens if there cannot be, in his mind, a peaceful surrender? i wonder if he's watching the news, knowing his picture is out there. he changed his appearance. i'm wondering about the stolen van that's being mentioned. what do we know about the van? have we learned anything? >> we know the van was stolen on saturday from a dairy farm. the state police told us that the people who own that van left the keys in it. he stole the van and had it for

several hours. there were indications that he was running out of gas and he parked behind a barn. we went live from the barn earlier this evening. it seems like a random and remote place for him to have driven. so far away from the area he was previously, where they had a search perimeter previously. that's 20 miles away from there. a long way to drive. a series of meandering, random country roads out there. he chose that place to ditch the van. woul could have run out of gas. if he's cited in that area, maybe he got another vehicle. they have not said he has. maybe he did go off on foot. maybe he is in that area. it's very dark out there.

if anyone has seen him, that's extraordinary. it's pitch black in that area. there's so much to unpack. a lot of maybeys. a lot of conversation about the desperation. at the end of the day, this man has not been caught. he is supposed to be serving life without parole. stay with me. former president trump is hitting the campaign trial. he is telling voters to fight like hell or lose the country and giving a hint as to maybe how he might try to keep the country in his power. i'm sholeh, and i lost 75 pounds with golo. i went from a size 20 to a size 6. before golo, nothing seemed to work. i was exercising for over an hour every day. it was really discouraging. but golo's so easy, the weight just falls off. attention... are you suffering from hearing loss?

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but remember, it's a democrat charging his opponent. nobody has ever seen anything like it. that means if i win and somebody wants to run against me, i call my attorney general and say listen, indict him.

well, he hasn't done anything wrong that we know of. i don't know. indict him on income tax evasion. you'll figure it out. >> i know that donald trump was likely being sarcastic there. you have to wonder if he is under the impression that attorneys general are waiting for instruction from the president of the united states. they're not. they're political appointees that serve at the pleasure of the president. that doesn't make them puppets. sarcastic or not, he is suggesting that the president has directed merrick garland to come after him, not because he is guilty of a crime but to hurt his political chances. but a president cannot and should not put his thumb on the skil. the department of justice is more than merrick garland or jack smith. there's 115,000 employees across

40 separate components. there's the antitrust division. the national security division. the tax division. the d.e.a. under the umbrella. the fbi, the atf, the u.s. marshals. and interpol. i only scratched the surface just now. if you think the department of justice comes down to two indictments against a former president, you have another thing coming. you have to wonder why the person who asked to be the president again by the way, doesn't understand that. but maybe he is just being sarc sarcastic. we'll talk about this with andrew mccabe, senior law enforcement analyst, and former deputy director of the fbi. you were a former fbi director. how alarmed are you, to hear a

former president and current gop front-runner float the idea of sham prosecutions that are retaliatory and on the campaign trial? >> where do you start with this one? maybe we should make mention of the hypocrisy of donald trump, who has been decrying the politicization of the department of justice and the fbi, is telling the american voters if elected, that's what he will do. he has a plan in place to replace many of those department of justice career professionals civil servants you mentioned in all of the different ways they serve around the department. to reclassify their position to be replaced with political appointees. i don't think he's being s sarcastic at all.

he's been artful about hiding his true meaning or giving himself a way out of what he is saying, by saying it in a way he can later say, i was only joking. i don't think he's kidding at all. i think what he is saying is to use the department and its resources and people to seek retribution against those people who he feels have injured him in some way. it's completely un-american. and it underfine mines the system of justice and the rule of law that all of the united states citizens and persons in this country depend upon every day. >> speaking of the vast dependence that the american people have, i get the impression that people think that the d.o.j. is waiting for instruction. to figure out, what are we doing to do next? what could we be doing today?

one of the real issues of being a prosecutor, is you don't have time. because the number of cases is going to be greater than the time you have to prosecute these cases. and you must do it correctly. they don't grab any headlines. the idea of a president that the components are waiting to talk about retribution, human trafficking would not be focused on. the drug enforcement issues. that's a minor part across doj. do people not understand when they are clapping or applauding that is a vast department?

>> i like to think that people are caught up in the moment. you're right. the biggest challenge when you work for doj or the fbi, is resources. there's not enough people and time and money to do the things you want to protect american people. they're buried in cases. there's more threats and problems and strategic issues that need the attention of the good people that work at the department of justice. to tell the voters that it's all politics and the president orders them around, is a disservice to the hundreds of people that keep us safe and remember that this place is a rule of law where we can expect to be treated the same under the law. >> not a perfect system, but the idea of reallocating resources for retribution seems

counterproductive to the overall mission. thank you so much. a former secret service agent is speaking out for the first time in 60 years. telling his version of what happened when jfk was assas assassinated. (female announcer) attention! medicare has expanded dexcom coverage -for people with diabetes. -if you have diabetes, getting on dexcom g7 is the single most important thing you can do. it eliminates painful fingersticks, helps lower a1c, and is covered by medicare.

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a former secret service agent who kept silent for 60 years is speaking out. he found a bullet in the backseat of kennedy's limo. he picked it up, put it in his pocket and placed it on the president's stretcher. if this is true, this could upend key facts of the official government investigation of what happened on november 22nd, 1963. joining me now is a lawyer, presidential historian and a contributor for "vanity fair."

thank you for joining us today. this is a huge and significant moment, if this is true. why wait until n to come out with this? >> i explained in "vanity fair" the detail. the thumb nilenail, after the w paul landis was in turmoil, taking care of jackie kennedy. after that, he was assigned to take care of her. jackie kennedy could not silt down after the assassination. paul was having severe ptsd. he saw the president's head explode. he was looping in his head over and over. he couldn't sleep. he left six months later and did not want to look back. he read nothing about the assassination until 2014.

when he read a book, he saw it had a critical fact wrong. he began his odyssey and his journey to write his book. >> no one questioned him? he didn't have an interview to talk about this? in light of him being on the scene, nobody asked the details before then? >> remarkably enough, the warren commission did not interview him. and the fbi did not interview him. there were several agents in that follow car who were never interviewed. they were the closest witnesses to what happened. paul was on the side of the follow-up car. he was a direct witness. he discovers a bullet and bullet fragments that are critical to what happened here and nobody questioned him. by the time he left jackie kennedy's service, the warren commission wasn't out yet.

nobody heard. he went on his way. thinking he left the bullet with the president. >> i read your piece in "vanity fair." you believe what he has to say. you think he's credible in what he is describing and what he has relayed as the facts. i want to take a step back. ing there magic bullet, that a xas.le bullet struck the esiden and the idea it waable to cause injuries i way, has a head scratcher fole who have been following all of this. what would it mean to that theory? is it gone? >> i'm like you. i started my relationship after his book was done. i had no stake in the book. i knew he needed help to get

ready for the onslaught that was coming. i was skeptical. the major thing is, if the bullet lodged in kennedy's back, superficially, did not penetrate and transit through his neck, the single bullet theory is dead. it stops there. governor connolly gets hit within a second of the zapruder film. that's not enough time for os oswald, with his bolt action rifle, to dock it, reload and aim and fire. it is highly likely somebody else was shooting and got hit by a second bullet. not one fired by oswald. >> this is unbelievable.

and the stories surrounding this day to torment us all with the question of what really happened. thank you so much. >> thank you. we'll be right back.

before we leave you, this september 11th, we're going to share a look at the famous tribute in light. twin beams of light that reach up to four miles in the sky south of the 9/11 memorial. it echoes the shape of the twin towers where 22 years ago, 2,753 people were killed when hijacked american airlines flight 11, and

united airlines flight 175 were crashed into the north and south towers. a total of 2,977 people were killed in new york city, washington, d.c., and outside of shanksville, pennsylvania.

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and activity in the moment. after using the dexcom g7, my a1c has never been lower. i lead line dancing three times a week, and i'm just living a great life now. (woman) it's so easy to use. dexcom g7 has given me confidence and control that everything i need is right there on my phone. (female announcer) now, millions more are covered by medicare. take advantage of the expanded coverage by calling today.

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it's a pitch. get way more into what you're into when you stream on the xfinity 10g network. - [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 very warm welcome to our viewers join us in the united states and all around the world. i'm bianca nobilo. >> >> and i'm max foster. just ahead --