david: it's an innovation that's transforming our public schools. narrator: california's community schools: reimagining public education. countdown to a strike at

midnight 150,000 autoworkers could walk off the job and hit the picket lines if they don't have a deal but the workers and automakers are still far apart and the gap could cause the u.s. economy billions of dollars. hope you didn't save the date, the judge at the center of the georgia election subversion case says that donald trump's trial will not begin next month. it's a set back for the da fani willis and a win for the trump's legal team that's trying to delay, delay, delay. move the f'ing motion, the response from kevin mccarthy as he plans the next steps in the biden impeachment inquiry. those stories and more coming right here into cnn "news central." no deal yet and not a lot of

time left. we're hours away from a potential united auto workers strike that could cripple the industry and cause pain to the economy. a 10 day strike could cost the economy $5.6 billion and send the state of michigan into a recession and drive up inflation. so what does the union want, mainly the restoration of benefits lost in the 2008 financial crisis but biggest demand, pay hikes that could add up to a 40% raise over four years. vanes vanessa yurkevich is live for us. where do things stand? >> reporter: we got word that general motors has submitted a new offer to the uaw, the previous proposal was an 18% pay increase over four years so one

would assume this would be more than that, and just to update folks on where ford and stellantis stand, ford offered 20% over four years. on tuesday ford saying they're still waiting for a counter off from the uaw and stellantis submitted an offer of 17 1/2 per sent but that is not close to the 40% in wage increases that the union has been asking for since the very beginning. sean fain, the president of the uaw spoke last night about where he feels they ever in the state of notegotiations. i want you to listen to him and then to the ceo of ford, jim farley on how he feels negotiations are going. >> they nickel and dime our members every day. they price gouge the american consumer and squeeze the u.s. taxpayer for every dime they can get.

the big three can afford to immediately give us our fair share. >> made our first offer almost two weeks ago to the uaw, we made three offers since then. and we had no genuine counter offer on any of those. we're here, ready to negotiate. but it's sure hard to negotiate a contract when there's no one to negotiate with. >> reporter: now the negotiations were previously happening at the automakers but those negotiations have now moved a couple blocks away to uaw's headquarters as the lead negotiators are now taking over trying to hammer out some sort of deal before this 11:59 deadline tonight. boris. >> vanessa, if the clock strikes midnight and there's no deal in place, what happens? >> reporter: the president of

the uaw announced a targeted strike approach. this is very unique. the union has not done this since the late 1990s. essentially the national union would call on select local unions to strike at different locations through different states at different times. the goal, the union says, is to keep the companies guessing but that would leave some workers on strike and some workers still working in these plants under no contract. it's unclear how the company would approach that. but for consumers watching at home, how does this affect all of us? the big three have less in inventory than they did in 2019 but according to one analyst there's enough inventory through the end of september if you're looking for a new vehicle but dragging out weeks and months that's when the consumer will feel the impact. >> a potential cost of more than $5 billion if it goes for 10

days. thanks for keeping an eye on that. with an auto strike potentially hours away. president biden is talking about the economy. next hour he's intending to contrast his agenda with what he calls republican maganomics he's making the pitch in the headwinds of mixed data, including lackluster inflation data, a looming government shutdown and that impeachment push by republicans. we have kayla tausche at the white house. there has been good economic news, but there's also a lot of economic fatigue that americans are experiencing and it's making biden's economic agenda a tough sell. is this going to be an adjustment we're seeing here today? >> reporter: aides say that the president is going to be sharpening his message but not changing it materially today but voters need more time for the president's message to syink in

and the economic reality that things are good under pinning it all as well. there is a direct contrast with republican economic policies and specifically some of the policies that remain deeply unpopular among the american electorate, like corporate tax cuts and cuts to programs like social security, medicare and med medicaid. we should expect the president to lay at the feet of republicans the possibility of a government shutdown over the budget later this month in a few week's time. but in the immediate term the potential auto strike, sources tell me that this particular negotiation poses some very unique challenges. the fact that they're not negotiating with one auto maker over one issue, there are still several if not all issues outstanding. the president of the uaw is a new commodity to them despite

meetings directly with the president and his top staff and the fact the administration doesn't have clear legislative or legal authority to intervene or stop the strike so they're taking a middle man or bystander position. they hope the workers get a deal commensurate on salary but there's not much they can to do ensure that's the case. we got the president's first reaction to speaker mccarthy telling republican committees to launch an impeachment inquiry of president biden. how is he handling this? >> reporter: president biden at a fund-raiser in had california last night made those first comments and he described the impeachment inquiry essentially as a diversion from the other task at hand, which is funding the government, suggesting the republicans are pursuing that inquiry because they cannot reach a budget deal but he said i have a job to do, everybody

g asks about impeachment every day, i get up every day and have i have a job to do. i not a joke, i don't focus on impeachment. the f word is out. house republicans held a meeting fwh behind closed doors and speaker mccarthy dared hard liners threatening to oust him saying f'ing move the motion. lauren it's not the first time we've seen this infighting before. there's been this infighting and they've come to a resolution. mccarthy is speaker people didn't think he'd get over the wing at certain points along this. is it breaking out into a more volatile form right now as we see reports from inside a meeting like this?

>> reporter: jim, it is coming at a time where it would be critical and helpful for republicans to be more united, given the fact they are just 17 days away from a government shutdown. what transpired in that meeting is house speaker kevin mccarthy was deeply frustrated with the fact that his conference is so divided when it comes to how to move forward on spending they couldn't even pass a single defense spending bill this week on the floor. they couldn't even pass a procedural piece of that in part because of the divisions among his members including coming from people like representative matt gaetz and earlier this week gaetz went to the floor putting mccarthy on notice saying there were several places that kevin mccarthy was not holding up his end of the bargain, referring to an agreement the conservatives came to as part of the agreement to get mccarthy the gavel back in january. so there are so many moving pieces here, this is infighting we have seen before but in some

ways it's coming at a moment when a lot of other republicans watching this are arguing let's do this work. you have senate republicans who are very concerned that a government shutdown may be inevitable if we cannot find an agreement they say with house republicans. you're starting to see all of the different corners of the party really fracturing. meanwhile, kevin mccarthy defending himself, saying this to reporters after the meeting. >> threats don't matter. sometimes people do those things because of personal things. that's all fine. i focused, just like anything else, if you watched, most people get to speaker on the first round it took me 15. i'm a little irish. i don't a walk away from a battle. i knew changing washington would not be easy. i knew people would fight or hold leverage for other things. i'm going to focus on what's the right thing to do for the

american people. if it takes a fight, i'll have a fight. >> reporter: and i talked to several mccarthy allies after the meeting this morning who were really cheering the speaker on, saying it's time for him to draw a line in the sand, to make it clear he's not going to be scared of a fight and obviously that is exactly what he did this morning. >> and some of that rhetoric is republican consumption from mccarthy and gaetz to their own supporters. let's bring in s.e. cupp. we are hurtling once again as a country towards a government shutdown. i wonder, might republicans want that outcome? they have to run against this president next year, they wouldn't mind the economic costs i imagine of a government shutdown. do they see a benefit in going off that cliff? >> i think for people like

marjorie taylor greene and matt gaetz they do. they're not here to govern. they didn't come to congress to be good stewards, good public servants. they want to be fair mous, they here for the chaos. they think people want them to stick it to bidens and democrats. and kevin mccarthy is trying to pretend he's fighting the good fight here and won't pay attention to the nonsense. he courted the nonsense. he's in the situation because he negotiated with terrorists in congress in marjorie taylor greene and matt gaetz, so don't be surprised when they're not good actors, they want more, they want to mess your life up. that's what they're here for. >> it's not clear he has yet the votes to proceed with an impeachment inquiry. does that matter to him? because there's a messaging aspect to this because to blunt

the investigations and the trials of trump here, you see some benefit in the 2024 race, is it politically beneficial or damaging for republicans to pursue this? >> yeah, i mean, i think he's doing this, as you say, as a message but also again because he's negotiating with terrorists and he felt like he had to otherwise matt gaetz and marjorie taylor greene were going to throw their fits. we just saw joe biden before i came on here, you guys played a clip of him, sounding very clintonian i'm old enough to remember clinton's impeachment, he said i have a job to do i'm going to do it. it worked well for bill clinton and i can hear that messaging coming from the biden administration too and maybe they're hoping this will galvanize some turnout and get democrats excited to vote for him in 2024.

>> let me ask a big picture question because it's a question folks ask me and i'm sure they ask you. is trump the nominee? >> yeah, i get asked this daily on this new york and just on the street by someone. but yes, until i see most of the candidates really taking him on, i don't see any of them really denting his popularity from the base. he's running for the cult of maga, every other candidate who wants to be president should run for everyone else. instead they're run for independence, they wink and nod on occasionally but they want to also win the cult of maga, those are mutually exclusive you can't do them both at the same time. as long as they're all trying to please everybody, i think it's going to be tough to knock him

down. i'll say chris christie has been swinging at him, asa hutchinson takes him on but the bulk of the candidates are not going after him in that way. >> the polling shows hasn't worked for them. s.e. cupp, thanks. a judge rejecting an october trial date for donald trump and most of his co-defendants in the election subversion dates, following the latest developments out of fulton county, georgia. and a judge ruling the obama era daca program is illegal. what it means for dreamers. they say the truth is out there but nasa said it needs more time to find it. the space agency taking the first concrete actions looking into the objects formerly known as ufos. we'll have more details when cnn "news central" returns. it really is both. -hmmm.m. the first-ever lexus rx plplug-in hybrid.

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today a major development in the georgia election racketeering case. scott mcphee rejected the district attorney's effort to have all 19 co-defendants, including donald trump tried together next month. jury selection for two defendants, kenneth whichchesbod sidney powell will start next month. and the judge is ordering the prosecutors to give the name of the 30 unindicted co-conspirators to their attorneys and giving access to some transcripts from the grand jury that recommended indictments. nick va lelencia is outside the courthouse. did he give a time line for the other defendants, including

trump? >> reporter: the short answer is no. but one of the defense attorneys is saying bring it on. scott grubman is saying that a trial cannot come fast enough. but there's a lot to get through between now and then, which is why the presiding judge has set aside every week to meet with the attorneys if necessary leading up to the october 23rd, trial date. he set aside next wednesday for any emergency motions filed. the district attorney said at minimum it'll take four months and 150 witnesses and not including jury selection. listen to what the judge had to say about the hard deadline he wants for the jury selection process. >> my initial review of the speedy trial case law is that it's somewhat uncertain of when a trial commences. so we're going to be making the attempt to have this jury sworn by the deadline of november 5th.

maybe that means a weekend or two is involved. >> there were fireworks coming inside court, mainly defense attorneys annoyed by the lack of transparency of the district attorney office's handing over discovery. but really the headline came minutes before the hearing starting when the judge came with a ruling on the trial dates starting. we'll see when it all happens then. thanks so much. let's dig deeper with legal analyst jennifer rogers, a former federal prosecutor. great to see you. one of the things that stood out was the defense attorneys for chesebro and powell wanted to speak directly to members of the

grand jury. how rare is that? have you seen that before and what kind of issues can that cause for the case? >> that's really unusual, boris. i have never seen it happen before in my federal practice, grand jury matters are secret. every once in a while there will be a piece of evidence, perhaps a juror member spoke out publically about an irregularity that will cause the prosecutors to have to reveal information or perhaps the judge will have to interview a grand juror him or herself. i have never seen defense lawyers allowed to speak to a grand juror without any evidence of wrong doing and not without the participation of the court or prosecutor. so i think this request will be denied. i was surprised at how serious the judge is taking it. i think in an excess of caution he wants to hear the defense lawyers out but ultimately i find it hard to believe he would allow that to happen. >> would you say they would

likely need to have some kind of evidence there were wrong doing in order to ask for this? what are they trying to acco acco accomplish? >> it's circular because you say how can we find out if anything was improperly done if we can't talk to them. but the grand jury is supposed to be secret. there is a cone of silence around that. usually you have to have some suggestion that something was improperly done and as i said, like the judge would inquire, the judge would ask the questions of the grand jurors to get to the bottom of it, not the defense lawyers. so they have to put details on it i think. >> what about the broader implications of the decisions to sever powell and chesebro from the 17 co-defendants? does this help them, including former president trump to see the strategy from the prosecution? >> 100%. no question this was going to happen. the judge was never going to

force 17 defendants to have a trial in october if they didn't want that. so this was 100% always going to be the case but it gives them a preview of the government's case. they'll see all the witnesses, the pieces of evidence. they'll get to tailor their defense to what the evidence is and not on the flying in their own defense but in advance. so it's a big advantage. >> lastly, there was a ruling in u.s. district court on mark meadows, essentially laying out that the judge doesn't believe that the appeals process and the decision to move his case from state court to federal court is going to interfere with the timing of the state case. walk us through that, it's complicated for someone who isn't an attorney. >> as you know, mark meadows has appealed this ruling of the district court judge and said the state court proceedings shouldn't be allowed to go on while the appeal is pending. the district judge is the one

who ruled the case should be in state court so he's unlikely to agree an appeal should be granted so it's no surprise the district court judge said i don't think you're going to get what you're looking for here, the state court proceeding should go ahead. but it's a jurisdictional issue, the jurisdiction is back in the hands of the state court so it can proceed. there's no way to stop it until and unless the federal government says that decision was wrong. so we'll see what happens. >> jennifer rogers appreciate you walking us through all of that. ening thanks so much. a federal judge ruled against a program protecting undocumented immigrants brought to the u.s. as children i'll speak to a dreamer who works in immigration justice about what this means for the future of the program. stay with us. because this system actually detects snoring then adjusts to help reducuce it. for a limited time, saveve up to $700 on select tempur-pedic adjustable mattress sets.

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a federal judge just dealt a devastating blow to dreamers, undocumented children whose families made the decision to bring them into the u.s. his new ruling reaffirmed an earlier one that the daca program is unlawful. d daca, deferred action for childhood arrivals started under president obama and protected dreamers from deportation. the homeland secretary said it does not impact current daca

recipients, permitting renewals but it will block any new enrol enrollments. joining us is the vice president of immigrant justice at the resurrection project she is a daca recipient whose family brought her from mexico when she was 4. thank you for being with us, how are you reacting to the ruling? >> we're very disappointed in the ruling although we did expect the fifth circuit court rulings tend to be conservative and don't take into account the broad authority the president does have using enforcements with immigrants. >> the judge said this program should not come from the executive branch, the judicial branch. i'm sorry we need to pause we have breaking news, i need to go to jim. >> we do have breaking news just

in to cnn, and that is news that hunter biden has now been indicted on gun charges. this, of course, following the breakdown in what had been a deal between prosecutors and hunter biden and his lawyers. a plea deal he will now be charged on the gun charge, cara has been following this. what's in the indictment, what do we know? >> reporter: this indictment just hit the docket. it's four pages long, three criminal counts. so prosecutors are alleging that hunter biden had filled out the form when he bought the firearm falsely. that is because the form asked the question are you a user of drugs at the time that you're purchasing this firearm, hunter biden checked the box that said no but he has since become public about his use of cocaine. so he's charged with two counts of making false statements on the forms and one count of possessing while he was convicted and a user of crack

cocaine. so a three count indictment, felony charges these are serious charges. as you mentioned, he had a deal that would have allowed him to avoid prosecution on a gun possession charge that collapsed under scrutiny by a judge. now hunter biden's lawyers argued this agreement they struck was binding and that the prosecutors could not bring other charges. clearly something they're appearing like they're going to fight in this case. i reached out to hunter biden's criminal attorney have not heard back since the indictment hit the docket but serious charges. this possession charge carries a statutory maximum of ten years in prison but that is rarely what a defendant is sentenced to because often these charges company another crime and that's not what we're seeing in this case. but prosecutors said therny wer going to bring the charges by the end of the month.

we don't know when hunter biden will have to appear on these charges, that's not on the docket. but it's important to note that prosecutors are investigating him for tax charges. he had a plea to plead guilty to two misdemeanor charges that also fell apart and those were dismissed and something that the special counsel, david wise is continuing to investigate. this is not the end of the road for hunter biden for potential criminal charges. he's facing three criminal counts today, jim, serious charges. >> these relate to the gun charge do not affect the investigation into the tax related charges. thanks so much. this is the first time in u.s. history that the justice department has filed charges against the son or daughter of a sitting president. evan evan perez is here now. this is significant. before we go to trial, get to a point he's convicted there would be sentencing involved.

tell us how we arrived. until a few weeks ago the thinking was they had reached a deal. >> right. they reached a deal. and it was the judge's discomfort to what she thought was the odd nature of that agreement, which basically called for her to play no roll, she had to rubber stamp it, she was being asked to rubber stamp an agreement between prosecutors, davidw weiss, the trump appointee, overseeing this investigation. the deal was if hunter biden abided by a certain amount of terms that were going to be laid out that he would have this charge essentially go away eventually and that's where the judge drew the line and started asking questions and where this started to unravel. the other thing worth noting is

that hunter biden himself caused a lot of the problem for the fact that obviously he was addicted to drugs and bought this firearm, possessed it for about 11 days i think according to the information, the prosecution, but what made this certainly easier for prosecutors to bring was that hunter biden wrote a book, discussed his struggles with drug issues and he talked about the time when he possessed the firearm. and that really drew the attention of investigators at the bureau of alcohol, tobacco and firearms who were already looking at the issues and cemented the idea he should not have been able to buy the firearm or at least when he bought it, jim, he did not truthfully fill out that form, which everybody fills out when they buy firearms. look, you and i have talk about

this before, this is one of those things that cases like this don't often get brought and i think hunter biden's attorneys are going to make a big case of this. there's usually other things attached to it, other criminal contact attached to it, related to the gun. it's unusual for this to be brought as a single charge without anything else, violence or anything else. >> right. >> we'll see. this will be litigated by hunter biden's attorneys. they're going to point out he's being singled it out. it's for political reasons because of the criticism of republicans on capitol hill. >> as you note, it's a federal crime to lie on the atf form but it's not a violent gun crime here, does not relate to the use of a firearm. the top end for a sentence for a crime such as this is ten years that often gets mentioned on stories like this but you and i know that rarery do folks get

sentenced on the top end of the rain here. have you spoken to anybody about a sentence for a single charge such as this one? >> in federal cases like this, it's unusual for you to not get some kind of prison sentence. so it's going to be up to the judge and the fact that he is a first time offender, doesn't have a history certainly with the federal court system, as far as i know. i don't know if he has some kind of state -- any kind of record with state authorities anywhere in the country. but all of those things will be taken into account. and obviously the fact, again, there is no violent crime attached to this, nothing attached to this will bring it down significantly. this is a felony, under federal rules, it's almost always -- judges at least give some kind

of prison sentence as a result of a violation like this. >> good to keep in mind as we go forward. evan perez please stand by. cara, as you noted prior, they were close to a deal encompassing not just the gun charge but also the tax charges with hunter biden, extremely close, it fell apart. tell us the back story. >> yeah, jim. so they had reached this deal after a five-year investigation where they had taken a very expansive look at a range of conduct including possible foreign lobby. and then it narrowed down to the tax charge and gun charge and something that hunter biden's team and negotiators had negotiated this plea deal for. it was all agreed to, they brought it to the judge in delaware and as evan noted it was structured in if such a way that she was supposed to be,

essentially, a rubber stamp on it. and as part of the deal for the tax charges, hunter biden would have faced a sentence of probation. that's what prosecutors agreed to recommend. it would be up to the judge to decide but they were coming in with the idea it would be probation and the gun charge was structured differently where it would go away if he agreed over the course of 24 months to abide by certain things, not using drugs, purchasing a gun, and his lawyers said he was meeting regularly with probation now as though the deal was valid and in place. but then the judge asked a lot of questions about it, including what the scope of potential immunity hunter biden would have from future charges and then on the gun charge she wasn't sure it was constitutionally sound the way it structured. they wanted her to serve as an arbiter to decide if the prosecutors thought hunter biden had violated the terms of his release and the terms of the deal, she wasn't sure that would

stand up in court and asked them to rework it. and soon after that, both sides said they couldn't find a deal, they were working towards it in court they had come back to the table after a break telling the judge they figured it out and she said no we want you to go back and it fell apart, they weren't able to see eye-to-eye on it. as it was becoming public, we learned david weiss had asked for special counsel status and merrick garland had granted that. he said it reached a stage in the investigation and there has not been any clarity on what he meant by reached a stage, but there is obviously a lot of scrutiny by republicans over this investigation, the handling of it and that is something that is a real discussion on capitol hill with hearings and the move to open an impeachment into president biden and whether he has any dealings with hunter

biden's business. >> allegations of politics is right. often coming from the former president himself in terms of what they say is two-tiered justice system here we have it as you noted, first time in u.s. history the son of a president has been charged by the justice department. i'm going to turn it to boris. >> going to chat with jennifer rodgers. this is the first time the doj has charged the son of a sitting president. your reaction to the news? >> i think the first time we had a charge against a former president it was important that prosecutors took their time and built strong cases based on compelling evidence and i'm afraid the prosecutors have not done that here. i certainly if i were making history would not want to make it with this set of facts and laws. i think this case is weak, it's rarely charged, this section on

being an addict in possession of a weapon. so i think they have a lot of problems both on the factual side, which is why it's rarely charged and on the legal side after the supreme court's court on the bruin case in the second amendment, a lot of legal observers think these gun possession statutes are in jeopardy we know his lawyers will fight on the legal front saying after the supreme court decision the conviction could not stand. so i think they have a lot of trouble here ahead and we'll see how it plays out but i think it's inadvisable. >> it's interesting you say that. as an outside observer it seems simple in terms of evidence he signed a form claiming he had not been using narcotics. and then later writes a biography acknowledging during that time he used narcotics. but you're saying the defense is going to have strong arguments against that? >> most of the gun statute talks

about stat tuses that are not indisputable. if you are a felony, which you can prove on paper, and you possess a gun, you're guilty. talking about an addict, it's hard to prove. gr granted if you wrote a book it's easier but he could come back and saying i was exaggerating. i lied. it's also inadvisable because the prosecutors and government in society have an interest in addicts getting clean so when you look at not at can we charge but should we charge, if you look at an addict who says i'm clean and don't have the gun anymore, is that the kind of case that in your prosecutorial discretion ought to be brought. prosecutors originally thought no, they'll divert it now they made a different decision so

we'll have to see if the jury can be convinced of that. >> initially prosecutors said they would drop the gun charge if hunter biden passed drug e tests and stayed out of other legal trouble. do you think there's a chance for another deal to be struck here or a chance this is headed to trial? >> there's always a possibility that a deal could be struck. our system would breakdown if every single defendant insisted on a trial and hunter biden i'm sure doesn't want to roll the dice either. i think there is a chance that a deal could be struck. and that's really in society's interest, too. as i said, if you have someone who's clearly not dangerous, assuming he stays clean and doesn't possess a gun, that's what we should all want, so hopefully they can work out a deal here that will stop short of going to trial on this. >> how does the fact that the special counsel david weiss is still considering some of the potential tax related charges here?

how could that factor into the possibility of a deal? >> well, there was a reason that this was all kind of packaged together, right. obviously hunter biden wants to wrap up all of this legal jeopardy in one package and prosecutors have an interest in doing that, too. if i'm hunter biden's lawyers i'm going to say again, wrap everything up, he doesn't want anything hanging over his head. he wants the tax thing wrapped up, the gun charge wrapped up, so i'm sure they'll be back to the table now, what pushed them to do this and forced this is that the speedy trial act was running. they had to take care of this speedy trial requirement. so obviously the defendant, hunter biden, wasn't going to waive his rights to have the indictment brought within the time anymore because he didn't want to give them that leeway that's why they had to charge. so now hopefully everyone can take a breath, sit down, get back to the negotiating table and see what happens. as i said, hunter biden has a lot of good arguments here.

if they get pushed into a situation here they don't have a deal that works for them and go to trial, i think they have a good case. >> jennifer, please stand by because outside of the legal, there is also the political. so let's go to brianna for that. there is and we should mention that president biden should be speaking here in about an hour. we have kayla tausche at the white house, manu raju on capitol hill looking for reaction. kayla, i want to go to you first. this is president biden confronting this development with his son as he's also confronting house republicans launching this impeachment inquiry process as they are seeking to link him, so far they have not been able to, but they are seeking to link him to hunter biden's foreign business dealings. this is becoming quite a multifacetted thing that the president is confronting. >> and we've reached out to the white house for reaction to the indictment, no word just yet on

how they will respond. but up until this point, the white house had declined to engage, pretty much at all with this particular situation involving hunter biden. besides noting that the special counsel or the u.s. attorney as it were before was appointed by former president trump and the investigation had been going on for multiple years, using those facts to suggest that it was -- it was being done in a fair and above-board since it became a special counsel investigation, the white house has been even more reluctant to provide anything on this front. we know that the president views these matters very personally. he cares for his son very deeply, and white house aides know not to cross him on anything when it comes to hunter biden and his love for his family. we know that when there was a plea deal on the table that aides said that there was a sense of relief that this

situation was headed for what appeared to be a neat conclusion within a predictable time frame and that there was, of course, more uncertainty and more stress injected into this situation when that plea deal fell apart. so we're out to all of our sources about what this means for the president, what this means for the family dynamic and the political dynamic in the weeks ahead. brianna? >> yes. this is certainly going to dominate the conversation. manu, you're there on the hill. look, we look at this today. three charges, three gun-related charges for hunter biden. you heard jennifer rodgers, our legal expert, saying that this is actually in her opinion a weak case. we also know that special counsel david weiss is still considering tax-related issues, but nonetheless, i suspect considering with what republicans think of david weiss, this is not going to do it for them. >> reporter: yeah. no question about it. you're going to hear skepticism

pushed back and members trying to investigate everything that's happening with david weiss' investigation into hunter biden. i just caught up with one republican congressman matt gaetz who sits on the house judiciary committee and asked him about this charge. he said indicting hunter biden on a gun charge is like indicting jeffrey dahmer for littering. i'm sure that will be echoed on down the line. you certainly heard what the republicans wanted to do. they wanted to try to figure out all the communications that went into the plea deal raising concerns about the special prosecutor being named in the aftermath of that collapsed plea deal. they wanted them to come to capitol hill, something they have been unsuccessful at so far. this is all part of the republican effort to try to try hunter biden's actions to joe biden, specifically about the

justice department's handling of this investigation. there's no evidence that the white house itself was involved in any way with the justice department's handling of its probe and ultimate indictment here into hunter biden, but that's one thing that republicans continue to raise suspicions of, continue to say is part of their overall effort to investigate the president that could eventually lead to his impeachment, so no question about it. this announcement here unlikely to satisfy the republican critics here who believe much more should have been brought against hunter biden and are doing everything they can to troll white house during his time in the white house. >> i want to bring in evan perez. an appeals court ruling said that the law being used to prosecute hunter boyden was actually unconstitutional. does this call into question what doj is doing here? >> reporter: yeah. i think that's something you're going to hear in the coming weeks and months from hunter biden's legal team. you'll hear a lot about this

ruling that came down just a few months ago from the fifth circuit court appeals in new orleans, and they ruled that you can't -- that the government cannot deny the second amendment rights of someone just because of past drug use. i'll read you a part of what the panel said. it said our history and tradition may support some limits on an intoxicated person's right to carry a weapon, but it does not justify disarming a sober citizen based exclusively on his past drug usage. now this was a case dealing with a man who was convicted in mississippi who had been -- had problems with alcohol use in the past, and in this case obviously there are different facts, and i should note that this is a -- this is an appeals court ruling that applies to the circuit that's covered by that court, by that appeals court in new orleans. it does not coverdell wear, where this case has been brought, where the justice

department, where david weiss, the special counsel has now brought this case against hunter biden. so, that is, of course, something that is still working its way through the courts. we don't have a final decision yet. certainly it's going to end up before the supreme court. but you can see where this is going, right? the idea being that certainly given the trend from the supreme court which is to expand the definition of people's gun rights, rights to possession firearms under the second amendment, it's been expanding over the last few years with the supreme court's view of this, the conservative supreme court's view of this, that it is quite possible that the days -- the days are numbered for this law that is being used to prosecute hunter biden, and that's one of the things that i think has to be on the mind of prosecutors, on the justice department, of david weiss, and might have influenced frankly one reason

why they have tried to secure a plea, some kind of a diversion agreement, again, which is unusual, but might have been part of the reason why they were so eager to try to wrap this up until, of course, it collapsed in front of the judge there in delaware. so that is sort of like a preview of coming attractions, right? you know that hunter biden's attorneys are going to point to that ruling in the fifth circuit that calls into question whether this law is even going to stand by the time this is all said and done, certainly before it gets to the supreme court. >> so why then, evan, pursue it? i mean, if this was another defendant would they be pursuing it? >> i think that's a question that i think you're going to hear a lot from hunter biden's team and certainly people who support him because, you know, again, this is not a final decision. certainly the appeals court in the fifth circuit, it's a very conservative circuit, it's one that certainly -- certainly the biden administration spends a lot of time fighting with

because they keep making rulings that are contrary to things that the biden administration has been trying to do, right? so it several is not over. certainly from the federal government's point of view, from the justice department's point of view. this is a long-standing law. this is a law that's been on the books for a long, long, time and it's only now being revisited because of the trend that we've seen from the conservative supreme court and the courts in general that perhaps second amendment rights are more expansive than we've ever thought, right? that's one reason why you could see why prosecutors in delaware are bringing this case because it's not final, and it doesn't apply to them. that ruling in new orleans does not apply to the district in delaware where this case is being brought, but it does raise the question, and one reason why i think it may have played at least, again, this is me being -- doing some analysis here, it may have played a role,

at least partly, in why david weiss, the now special counsel in delaware, sitting in delaware, wanted to try to get this move -- to move on from this because there are very, very big questions as to whether this law that they are used to go prosecute hunter biden is actually going to stand when everything is said and done, certainly by the supreme court. >> evan, if you can just stay with us. we are going to broaden out this conversation as we have just learned that hunter biden is facing three gun-related federal charges. >> we have with us paula reid and jessica schneider. paula, first. you're hearing from people close to hunter biden, their legal team, what are they saying? >> as with someone suddenly facing federal indictment, he's not doing well. he's been under investigation for five years. they thought this case was going to be resolved by a plea deal. that, of course, fell apart, but there was still a lot of optimism in his team that it would ultimately be approved by

the judge t.clearly didn't happen. now there's a full-blown special counsel, and he has been indicted here. this has been a very costly ordeal for him. he faces millions of dollars in legal fees. he's having trouble raising additional money to pay his legal bills and to fight federal charges it costs a lot of money. at this point i'm told there is no initial appearance scheduled for him. they are still trying to work out logistics. usual lit way this works is you arrange a time to surrender at the local fbi field office and then have you an initial appearance, but i'm told at this point there is nothing scheduled. that will have to be worked out between hunter biden's attorneys and the defendant. >> the take the politics out of it for a moment, from a purely legal perspective are crimes like this typically charged by themselves, in effect lying on the atf form to purchase a firearm, and if they are charged, what kind of sentence do they typically carry?

>> they are sometimes charged by themselves and the other one, the possession charge, the 922g is often charged for themselves but not for the subsection that deals with drug addicts. the most common one is a felon being in possession of a firearm but that's frequently charged by itself, but, you know, it's -- this one provision because it's so uncertain and so harder to prove is the one you don't see very often. the penalties vary. it really depends on the person's prior record, and it really is on a sliding scale of what the -- the criminal activity was, what kind of gun it was. if it was a particularly dangerous firearm, if it was used, discharged. in this case with hunter biden having a regular handgun for a brief period of time, not using it or discharging it in any other way, having no prior convictions on his record, at least as far as i know. he would b