yeah. i think the end of free speech is probably taking it a little too far, but you touched on is really important because i think a lot of tech executives have always believed and thought and operated as though they are not personally liable for the things that happen on their platforms here in the united states. i should mention we have a law that shields tech companies it's explicitly for things that happen on its platform action to 30 were tied exactly but there's two things to note there, laura. >> one is when you're talking about encrypted versus not encrypted materials. >> so encrypted apps mean that it's virtually impossible for anyone to have a backdoor into those communicated patients, including the government telegram is not encrypted. >> you can have some encrypted chats, but it's not an encrypted app. and the reason that matters is the french government is essentially saying you're complicit because this is widely known and out there on your platform. >> and i think that's a huge impact on this case. that's really fascinating lore football. what's going on here again, he is not yet been charged, if you will at all,

sara fischer. thank you. >> so much and any thank you all for watching anderson cooper 360 starts right now tonight on 360, his campaign calls it trump on steroids and says it's all hands on deck as the former president kicks off a new blitz through battleground states starting today in michigan also tonight, my conversation with former trump national security adviser, hr mcmaster about his new book, the complex portrait he paints of his old boss and whether he would ever work. in a trump white house. again for a special counsel jack smith points a finger at the judge who dismiss the classified documents case. as he asd, a higher court to revive it. gd evening. thanks for joining us. again tonight with what might be described as the first day of the rest of don trump's campaign. it follows a week largely dominated by the democratic convention in several weeks, abuzz surrounding his new opponents. now, we're told to expect him to hold multiple events a week and visit two states a day today began at arlington national cemetery where he honored the 13 american troops

killed in a suicide bombing three years ago during the chaotic pull-out from afghanistan. speaking later in a social media posting and then a detroit he incorporated today's anniversary into his campaign. >> vice president kamala bragg that she was the last person in the room. she was the tough ones. she was the last person in the robe during that disastrous withdrawal from afghanistan decision caused by kamala harris, joe biden, the milesian and afghanistan, said off the collapse of american credibility and respect all around the world the former president also said he thinks the country is closer now to world war iii than ever. he called for the establishment of a space national guard to complement the space force. he launched his president and repeated past exaggerations about the military being in his words, out of ammunition. he also secured the endorsement is expected to former hawaii and tulsi gabbard, who was helping him prepare for him his first debate with vice president harris. if in fact that comes

to pass because the two sides seem to be debating the rules of it. at the moment, seem incursion. thomas is traveling with trump campaign. she joins us, excuse me, kristen holmes. she joins us now from detroit with new reporting on the debate and more person i'm sorry, it's been a long couple of weeks. so there's been a lot of back-and-forth starting the mics for the september debate. where does this now stand the two sides appear to be at an impasse. >> so here's what we know when the original debate was between president joe biden and donald trump, they agreed to the same rules. they agreed to with the cnn debate, which was that the mic would be muted when the other candidate was speaking i'm trump's team thought that that debate went well, that first debate with cnn and they want to mimic those results. kamala harris is team is saying, well, new candidate and new debate rolls. we don't want those mics muted. >> i do want to stress here that a lot of this is posturing as well as them trying to position their candidate on both sides in the best right now, donald trump's seem to a little bit step on the argument

that his campaign was trying to make about keeping those rules the same. >> take a listen to what he said when he was in virginia earlier today i don't know. >> doesn't matter to me. i'd rather have it probably on, but the agreement was that it would be the same as it was last time one thing to be clear here about kamala harris, donald trump, three weeks ago when kamala harris was moved to the top of the ticket and donald trump seem to backfire away from the debate overall, kamala harris was saying, wait, you can't do that. >> you already agreed to this debate in these terms, doesn't matter who the candidate is and donald trumps seem was saying no, everything has changed. now, the two of them have swapped roles. kamala harris is saying everything has changed. there are new rules and donald trump's team is saying, we want it to be the same to what we agreed to with president joe biden. again, a lot of this is posturing. we will obviously see how this plays out. the big question is what this means for september 10. and will they both actually be on the stage? >> he's also obviously been

bashing abc news, which is the site for the debate, will see what, are you hearing from the trump team regarding the former president's campaign? scheduled for the weeks ahead so i want to be very clear about one thing. >> yes. donald trump's team is saying that they are going to ramp up their campaign. that is going to be donald trump on steroids, that it's going to be multiple stops in a day. but we have to include the caveat that we have heard this before at multiple times during this campaign that he was going to ramp it up, that he would he's going to change his posture and yet we haven't really seen that now this week has been a little bit different. he still does have to down days tuesday and wednesday. he's going to be in florida, but he is visiting many battlegrounds days. horse he was in michigan today is going to be back in michigan next week it's also going to be holding this town hall in wisconsin. they actually just send out a notification saying tulsi gabbard was going to be the moderator. i think that event is one to watch. and here's why we know that donald trump has had a hard time getting its voting now, the kamala harris at the top of the ticket, so they are trying

different kinds of events. saw last week, it was a series of what they call messaging events, which meant smaller crowds, smaller venues. one topic, donald trump often doesn't stay on that one topic, but it was shorter speeches, not this kind of all over the place, ranting type of rally speech. now they're trying this town hall. it is not being mediated overall by a news network the way they normally are. cnn, fox news is doing another one with him and other day is just being done by tulsi gabbard. we'll see if that is a way for him to get his messaging to voters. and then there'll be in pennsylvania on friday, we'll see what happens week after that. i always have to caveat it, anderson, because again, we've heard this before that he's going to ramp it up and then it kind of goes back to the slower pace. we'll see what happens in the coming weeks. >> or kristen holmes, thanks so much joining us is ashley etienne, former communications director for the vice president, also trump 2016, about deputy communications director bryan lanza and cnn political commentator alyssa far griffin. alyssa, the harris campaign, obviously things keeping the mics are hot at the debate would be to their

benefit. do you agree yeah and. >> it, shows how much the joe biden calculations are different from kamala harris's kamala harris is a confident debater. she's a former prosecutor, and i think they're calculation as they want to see donald trump get a little unhinged. they want the american public to hear if there's crosstalk, if there's name-calling, if there's some kind of, you know, goading her into something, will she has the floor this is a change from the rule that were agreed to, but i also think that donald trump's message on truth social about this is kind of laying a pretext to back out of the debate if he wants to, he's been going after the moderators. he's been going after the rules because he knows this is a very different candidate than he's ever had to debate before. she's the younger candidate. she's got the momentum let's talk, we expected to be against. they can easily resolve this. the easy thing would be either keep the rules as they are and have a press pool in so that the american public knows what set off air i don't see any reason the harris campaign backs out, but i think donald trump's keeping that door open.

>> brian, do you think he my back-end? >> no. they're doing debates. i'm not worried about that. i think it's important to remember that donald trump debated hillary clinton in 2016 and everybody felt she had momentum and they felt she was a dimensional candidate and he, you know, the viewers, at least the voters ultimately thought he won those debates. so i think he's looking forward to it. i think from hayes, the standpoint is like listen, a deal is a deal was a deal you made the deal you wanted to see an end rules were doing the cnn rules on on abc. fine. the harris debates said fine if that's the final state, now they're coming back and wanted to change the rules and trump being a businessman in his campaign been like a business, is looking for an opportunity to try to leverage a second debate, how important is it that you want these mics muted if you want the really muted or if you want them unmuted well, let's get a second debate on nbc. i think this is all just a strategy to try to get more debates and that's a good thing. >> ashley a. do you think the trump campaign actually wants more debates and why do you think the harris campaign wants to change the rules around the microphone said their mics will be on. >> absolutely not. he doesn't he doesn't want it would crumble here is he doesn't want more than one debate with

her. that's why you to alyssa's point, he trying to we get out of this one. he definitely doesn't want a second. here's the thing. the one thing, you know, his ego could not take is to be beaten by a woman and what i do know about kamala harris is a couple of things. one, she suffers absolutely no fools to. she's not making the same mistakes that democrats have historically made she's not going to pull any punches about his record and she's going to lean into her own. and the third thing is this split-screen will really say the entire story. we'll tell the entire story. you'll have one guy who look old, angry, and small up against the woman who looks like the very promise of america. so i don't think donald trump really wants it. will kamala harris, that's why he keeps trying to back out of this thing and make making excuse after excuse after excuse. and based on what i know about her, i wouldn't want to debate her either. >> alyssa, the harris campaign put out this video today in response to the foreign president. apparently waffling on, on the debate. i just want to play this but why not debate her mole.

>> but because they already know everything trump's, you know, not doing the debate that's something now, i mean, right now i say, why should i do a debate of leading in the polls and everybody knows who everybody knows me and so they put a chicken sound over this. i bring this up just because it's notable how quicker the harris campaign is to put out videos like this. and i mean not that i don't think the biden campaign probably would have put out a thought to put out a video like this. but how quickly they put out something like this. i don't know but it's effective or not, but videos, memes, this is a campaign that seems for more nimble, even though a lot of the same people are involved with it yeah, in donald trump's never run against a campaign like this. >> in fact, his team was always the one that was a lot quicker on social media. they would kind of play into the memories and has fast responses and he's met his match in this now to be fair to trump in these debates, listen, in 2016, he went against a very formidable foe with hillary clinton, and

he performed well in those debates. and obviously one, but this is different. keep in mind this election. he's running against an effective communicator as a former president post-january six, who is now a felon. there's things he's going to have to answer for in this debate. that are so fundamentally different than 2016 where he had no record and he can just give a vision and an idea of what he wanted. and i think he's afraid of that. we never really saw that moment in the biden trump debate, where he was called out on his history of sexual abuse or the fact that he had these felony convictions and i think that's something that he's really dreading. thing having to face brian. >> i want to play some of what the former president said today when asked if he was preparing for a debate with harris i'm not spending a lot of time on it. >> i think my whole life i've been preparing for a debate you can go in and you can have all sorts of sessions. >> i watched they probably go in as they work so hard for weeks and still locked himself into a lockdown. >> and then he developed

lockjaw. >> he couldn't win the state you have to be real there. >> you can't cram knowledge into your head for 30 years of knowledge and one week. >> so, you know, there's a little debate prep but i've always done it more or less the same way and you have to know your subject. and i think i know my subject. i think i know it better than anybody it's i mean, it is interesting his approach to debates. >> i mean, there have been some who've said, well, look, i you know, he prepares more than he says in that may be the case. but he definitely i mean, if you look at his debates over the years he says you have to be yourself and he, whether you like it or not he is that in these debates he shows himself, he shows who he is again, whether that's a good thing or not. >> yeah. listen with respect to the bates, i mean, you have to remember donald trump is very comfortable with the skin. he's very comfortable taking risks that he has been in the camera for a heck of a long time. so let's as a very safe space for him. i mean, he is an effective communicator. leases always felt he has been in these this campaign's best communicator. so it's, it's he

he overperforms in debates from may traditional republican operative standpoint. i'll always, always nervous when he does these debates. i always felt that he didn't do as well as he should have done. and then you sort of look at the polling in a couple of days later after it stabilizes the turnout, he did. okay. it's just he's just different at debates. i mean, he decimated hillary. he didn't do so well against biden. hillary is exponentially stronger, more debater than than homeless kamala harris that to hear the kamala harris is an excellent communicator. i think that's a joke at this point. she's literally a voting every possible press opportunity in existence. so she doesn't have to communicate her message to the people. so i mean, i think we're ready for the bates. we want more what for someone who is a joke. i mean, it's just simply seems to have the trump campaign freaked out and try and so, you know, sweat it out or sweating it out right now. but again, i hear your point about not doing doing interviews. she has not done a sit down formal sit down interview, and obviously, i think she said that they will do that by the end of this month we'll see about that nothing is scheduled by the way, until a couple of days. >> yeah. >> well, we shall see everyone

stick around. we're gonna have more coming up next we're station with former trump national security adviser, hr mcmaster, including about today's solemn anniversary and how a shift in the former president's afghan and strategy in the words of mcmaster and his books, set the stage for the humiliating pullout that the biden administration executed in afghanistan later, what to make of jack smith's chances for reviving the classroom? by documents, case and the case he's making for it with the 11th circuit court of appeals have i got news for you is coming to cnn this fall pros and cons less pro, hosted by roy wood junior row with amber ruffin would likely in black, right. so what are the cons we could run out a news by then but in all seriousness, i, i desperately need this to work up i'm in the middle of a divorce, so i'll add that to the car provide got news for you, ramirez saturday, september 14 at nine on cnn and streaming next day on max. this

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that day. the former president talks about it on the campaign trail in michigan, speaking to a meeting of the national guard association, detroit, he promised a fire every senior official responsible he did not. whoever invoked president truman firing general mcarthur or president lincoln relieving general mcclellan said he invoked himself and his old reality show the voters are going to fire camila and joe on november 5. we hope and when i take off as we'll ask whether resignations of every single official we'll get the resignations of every single senior official who touched the afghanistan calamity to be on my desk at noon on inauguration day, you have to fire people. to fire people and they do a bad job. we never fire anybody he had a firearm like on the apprentice, you have fired yet,

did lousy job joining us now is retired army lieutenant general h. mcmaster, who served as the former prisoners national security adviser from 2017 through 2018, his new book on his time in the white house is at war with ourselves. my tour of duty in the trump white house, mcmaster, thanks for being with us in the midst of the book. and i'm really enjoying it you right he says you got to fire everybody who touched this policy as you write in the book, he touched this policy. he had a lot of hands on it. you write in the book, trump establish the first sound long-term low-cost strategy for afghanistan and south asia, but then abandon that strategy and replicated the obama policy of negotiating withdrawal timeline with a terrorist organization and setting the stage for the biden administration's humility, humiliating retreat from kabul in august 2021, you were out of the white house at the time that this was done, you write that you quote, watched with incredulous incredulity and revulsion as he directed an envoy to negotiate withdrawal with the taliban, you would not

have advised him to do it? >> absolutely. and i advise him to do quite the opposite of that in the run-up to what was his decision in august of 2017. and i tell that story in detail on the book about how it really trump made the tough decision and made. i think what was the best available decision and put into place in 2017? the first sustained it will resend approach to afghanistan the war. but by that point, had not been a sixteen-year war. it had been a one-year war, floods 16 years, 16 times over. but you know, interest and he couldn't stick with the decision. he didn't stick with the decision. and i think people were in his ear and manipulated him into with these mantras end the endless wars and afghanistan's or greater have you heard of empires and so forth. and so when he is critical of the biden administration's withdrawal which i guess the biden ministration could have not gone along with the deal that was made. >> biden did push back the trump had said a guarantee

withdrawal date may 1, biden pushed it back to august. trump had cut troop levels down drastically, even though the taliban was still attacking the taliban had allowed terrorist organizations, again to have a home in their government, in their country but trump had his hand on i mean, does trump bear part of the responsibility for what happened? >> oh, yes. i mean, the whole premise of talking to the taliban before you leave afghanistan. >> why the heck we're even doing that? he was going to invite them to camp david. right. even though obama administration, when they made the mistake of pulling all of our troops out of iraq in 2010, which really set conditions for the rise of i.s.i.s. >> and so forth by 2014, the obama attrition didn't negotiate with al-qaeda in iraq on the way out and so if we were going to leave what it just leave what happened in these series of negotiations and concessions to the taliban is we got through the afghans under the bus on the way out. they cut the african government out of those negotiations. >> salute. so that was mistake one then forced him to release

5,000 of some of the most heinous people on earth and then began trying force the afghan government to release 5,000 taliban, correct. and then also stopped the active targeting the tel ban, which president trump again to his credit in 2017, had restored because he was convinced to how the heck does this make any sense to give your enemy a timeline for your withdrawal and then sued. now i'm going to negotiate a favorable senate settlement. i mean, so we'd raises the question about the atmosphere within the white house, which you write a lot about the portrait you paint of dysfunction in the white house from a management perspective. >> it's pretty alarming. you say trump pitted people against each other instead of building collaborative teams, you say it was an administration at war with itself do you have any reason to believe that if there's another trump administration, that it would be any different because it doesn't i mean that doesn't that tone get set by the commander-in-chief. >> as historian to anderson, i realized that that was not

unprecedented, right. >> so one of the things that gave me solace as always in that position was that thing about the first reagan administration, how tumultuous that was. and so i knew that this was really nothing new that it happened it's an all administrations but in the trump administration, i think everything was magnified in the one of the things you should said that's it's got a lot of pickup. >> you told your wife after over a year in the job. i cannot understand putin's hold on. trump but in the book towards the end of the book you actually provide some insight may be on why the former president does seem to seek the praise and approval strong menu, right? i came to see trump's embrace of dueterte, who has that point was the kind of strong man leading the philippines and his braiding of me as connected to his struggle for self-worth. if he was accepted by strong men like dueterte putin and xi, he might convince others and especially himself that he was strong. that's really interesting. >> well, i think you've had

some time to reflect on it and i'm trying to explain really the strength in some of the aspects of the presence character, but also the vulnerabilities. and of course, at times i was reluctant to write. so this i thought, i don't want to give if he's reelected kind of a playbook of how you can maybe manipulate leader knows. i mean, every reporter who interviewed trump knows. i mean, i learned this early on back in the first round. he's the most susceptible to flattery of any public figure. i've ever interviewed. and i think every world leader those this, right. i mean, you compliment trump in an interview you can then ask several questions which are aggressive, that he won't get as annoyed by because you've complimented the size of his crowds or whatever, right? >> yeah. so what i what i hope is the president will learn from his first experience understand vladimir putin, for example, will never be his friend. he has real friends among our allies who you ought to value higher. bio, those relationships i are and to

recognize once again, as he did and i tell the story in the book about how prison to trump came to the conclusion that we needed to punish russia to inflict costs it's on russia beyond the cost that they consider when they, when they act aggressively against us and our allies. and so in that first year of the trump administration, he puts more sanctions on russian entities and individuals than the previous eight years of the obama administration. he closes to console, is he expels scores of of russia undeclared agents. >> although the same time was upset that you weren't with us, wasn't expelling as many people as russia was expelling, right? >> and as the europeans were expelling, that made them angry because what he would often say is, i'd like the word reciprocal, right? he wants others to do the same level anything that we're doing you, you write that you said that you hope he has has changed and learn. do you know a lot of 78-year-old like billionaires are alleged billionaires who have really have a big

evolutions at age 78 no, probably not but but i do but i did see him learn and adapt and evolve his understanding of central people do often say to you, does he listen, does he yes, he does but oftentimes when he does come to what i think is a really solid conclusion based on talking to a wide range of people getting a wide range of views oftentimes he can hang on to that decision. >> and then your policy becomes unmoored. >> well, that's the knock on him. and what has been well-documented is that he listened to the last person who was in the room. so you can convince them of something and he'll back something you say, and then you just y, he talks to a wide range of a cast of characters who have access to him. certainly these days in mar-a-lago or elsewhere and he comes around to a different understanding that's got to be somebody who's national security adviser. that's got to be i don't know if terrifying is the right word or frustrates frustrating and the very least, well, the key for me was i saw myself and this is one of the titles and one of the chapters.

as a guardian of his independence of judgment, i wasn't there to manipulate him decisions or to feed him the information i think might lead him to a particular course of action i was there to give him best analysis and multiple options. and that's one of the lessons i learned from studying vietnam. >> i want to play some of what other high-ranking military officials have said about the foreign president after working with him we don't take an oath to a king or queen or a tyrant, or a dictator. and we don't take an oath to a wannabe dictator. we don't take an oath to an individual we take an oath to the constitution. >> i think he's unfit for office. look, it's he, he puts himself before country is actions are all about him and not about, not about the country. >> i think he he's dangerous enough. he shouldn't get a second term bolton succeeded you as a national security, one of the many wanted, but a general kelly, i mean, has painted a really brutal i mean, very damaging descriptions of

things that he says, the president then president has said to him about wounded troops, troops who have service members who have laid down their life for this country, calling them losers and suckers. >> do you believe general kelly that trump said those things? >> well, i wasn't there. anderson, i was gone by that time. it sounded out of character to me. i'd never heard the prison say anything like that, that bad. >> well, you did hear my criticized john mccain, who was very horse show. >> it was a dear friend of mine he denigrated the people who absolutely are reasonable he the president is quite often very offensive. brash says things that are outlandish i relate a lot of those in the book but he's extremely disruptive person. i saw it as my job not to try to constrain him, but to help him disrupted what needed to be disrupted, would you work to trump white house again? >> no. i think anderson i will work in any ministration where i feel like i can make a difference, but i'm kinda used up with donald trump. >> would you work in a harris administration?

>> well, i think i don't know if i would be affected. they're either based on probably by different points of view and what is a sensible policy toward the middle east or really fill in the blank, but but anywhere i could make such approach to serve, what are the themes and at war with ourselves as heck, yeah, we are at war with ourselves. that's not only bad for our psyche, it's bad for governance it's bad for our country. and i hope that young people, if they read this book, will feel a call to serve because the tone in the book is not one of you is that was such a hard i mean, it was a privilege to serve in the complex portrayal and there's a lot of stuff you liked about what went on. the ministration and you're also very honest about the things that you saw disappointing it gentlemen master. i really appreciate your time. >> thanks, anderson. great to be with you. >> the book again at war with ourselves. my tour duty in the trump white house is going to be available tomorrow. it's a great read up. next, vice president harris said she'd do an interview by the end of the month, still nothing confirmed as of yet. i'll get the panel's take on that strategy. it's getting a lot of criticism by the former president and a lot of members of the media as well. we'll be

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finally free take back control with lipo flavonoid blows, captioning brought to you by rula law, iconic brands up to 70% off retail had rula law.com at rubella you never faiththful these the deals on before there car. sounds today? >> just before the break, we're for him tenant general hr mcmaster, who's discussing his new book, an insider's account of his 13 months, his national security adviser early on in the trump white house, he details what he sees as trump's foreign policy successes in his words, administering quote, long overdue correctives to a number of unwise policies. but at the same time reveals they are gives a portrait of a deeply flawed man mcmaster says, trump struggled fine. what the master terms self-worth by embracing dictators and strong men and wanted yes-men around him whom mcmaster says he pitted against each other instead of building collaborative teams back now with our panel, alyssa, does the white house that mcmaster describe correspond to the

white house you worked in? >> listen, i have tremendous respect for lieutenant general mcmaster. we barely overlapped in the white house, but there was a level of perhaps it was different much earlier on where i wish i had the optimism he does of what a second trump term would be like. he mentioned, he takes a wide array of advice from national security advisors around him that often wasn't my experience and i worry about a second term. it also matters who is in the administration, who staffing the west wing, who staffing the department of defense listen, there are certainly policies that i agree with donald trump on. i think hr mcmaster would agree how he handled iran. that's something i can agree with. but the commitments to not supporting ukraine, to letting russia to invade nato. there's a reason that myself, mark milley, mark esper, john bolton, have all warned that he is a danger, and his approach to national security completely understand, undermine america's standing in the world brian, what do you make a mcmaster saying trump wants yes, men around him and he talks about how susceptible he is, to flattery and i don't

know if idealized a strong men or sort of kind of want strong men to like him because of his self-esteem listen, i'm not a shrink. i don't think week masters is even though he's tried to play one in his book and i always common it's funny how these people sell a book and then they tried to give a positive common ant and negative comment in this trump's space it's about the way throughout his book is both positive, negative. he's probably of all the people he's not, this is not like a molotov cocktails at the trump white house. just, you know, yeah. yeah. he punches any any covers. he doesn't really well but i would say this. you're trump. trump very much likes having i wouldn't say yes, people around him, but people who are affirming his position he wants to sort of offer some criticism, but ultimately, he lands. >> i know what a yes man. >> no, listen, my my experience with trump is i've gotten into the room and you during the campaign, certainly not what he's been in office. i'm not going to apply that. but when i've got in the room, i said, sir, here's the mistake, icy, its taking place here gonna be the consequences. this is why i

would recommend not going down this route. and he was very he was very accepting of changing positions. i think we can count many of times in his administration where he's changed positions, that goes to the sort point of mcmaster's is whether we like it or not, he's open-minded, almost two open-minded, some my good friend, anthony scaramucci would call it transactional, but yeah, it is easy to move the president since position from time to time. it's new, can't move his position related to china because he very much feels that the trade, the trading parameters, even there. >> yeah, well, tiktok, anyway ashley, i want to play something that vice president harris said a couple of weeks ago and get your thoughts there's been a lot of questions about when you're going to sit down for your first interview since being the nominee i talked to my team. i want us to get an interview scheduled for the end of the month it's now the last week of august, not scheduled yet as far as as far as we know, do you think it's going to happen and do you think she needs to yeah. >> i mean, i definitely think it's going to happen, but i really honestly believed that this is much ado about nothing.

i don't think the average american really cares about whether or not she sits down with, you know, with an anchor to do a big interview this is just sort of beltway chatter and it's more than anything else is a deflection. i mean, here's the here's what really matters. 75 days out from an election. it's the money, the infrastructure in the message. and that's where donald trump is losing on all three. so this is a desperate attempt for him to turn a page. she's she's raised three times the amount of money that he has you know, he the republican parties, state parties are broke. they can't get volunteers. she's in a matter of weeks, got 200,000 volunteers on the books. in addition to that, she's winning on each one of the mess suge front, crime is down, inflation is down, border crossing is down. so really that's what he's trying to do is deflect from that what really matters at this point of the election and he's losing on all of those fronts.

>> alyssa, let me ask you this this kind of big picture question. has trump changed the game for presidential races forever? i mean, because it seems to me the harris campaign probably wisely from a political sense, is taking a lot of like the tricks from the trump campaign and using it to their advantage. i mean not immediately doing a sit-down interview. trump's does plenty of sit-down interviews, but by enlarge, he beryl's his way through them and lies repeatedly through them thumb and there you know, they're kind they end up being not really much of anything other than a performative piece for him a lot of the kind of things that trump has done, it seems like the harris campaign they're not repeating exactly, but they've learned from, and i'm and i wonder if it's, you know, she's getting some criticism for not doing as it down, but i understand the strategy behind it. >> yeah, listen, he's completely rewritten the rules are running a campaign. i think it's a direct result of trump

that you had someone like bob menendez who is under criminal indictment and refused to resign for a period of time because we just don't operate the way that we used to, but more specifically to harris. i think that there is so much built up around the idea of doing a mainstream network sit down interview, which trump does very rarely calling into fox news is very different than that hosting a press conference at one of his country clubs where he decides what reporters he's going to call on is very different than standing at the white house podium and taking any open question from anyone. what i do think she's making a mistake of his allowing the buildup to be there. so there'll be such scrutiny over an interview. she's gotta do it ahead of the debate. she should be gangling on the campaign trail, which it sounds like she is a bit, but she should be talking to her press she should we talk to the national press daily ashley etienne, bryan lanza, as far griffin. >> thank you so much. appreciate it. just ahead. a florida judge appointed by trump toss the classified documents case out last month. but today, the justice department urged a federal appeals court to bring it back details on that next the tv

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time can now be analyzed and restored using the power of delay reserving memories and help me to write new this is cnn the world's news network new developments night in trump's classified documents case that was dismissed last month in the first formal filing since the case was toss, special counsel jack smith urged a federal appeals court to bring it back and argued the judge cannon's decision the throw it out based on the argument that the prosecutors lacked constitutional authority, was novel and lack merit with me now, cnn, justice correspondent jessica schneider. >> so just please walk us through what the special counsel jack smith is now arguing in this new court filing yeah. >> pretty simply anderson, he's saying judge cannon got the decision wrong last month when she dismissed this classified documents case against donald trump and his co-defendants. and what jack

smith is now urging the 11th circuit court of appeals to do is he wants them to overturn her decision, which would then allow the criminal case to move forward and specifically, what he's pointing two is really years of court decisions, including the 1974 case from the supreme court, usv nixon, where the supreme court did say that attorneys general do have the power to appoint a special counsel. that is exactly the opposite of what judge cannon ruled in mid mid-july at the time she said smith's appointment was unconstitutiona l? that his office was unlawfully funded. but doj is now arguing they're saying, look, that decision was clearly wrong based on past precedent. but they're also warning that if this decision is allowed to stand, it would effectively barr the attorney general from really appointing any deputy positions are other positions at doj? or even other heads of other agencies being able to appoint other officials so smith's argument has a lot of precedent behind it, and we'll see how the 11th circuit handles this and what happens

next yeah. >> so the special counsel in the brief is asking for in-person arguments in the case before then we'll likely hear from trump's team arguing that candidate the right thing. what's unclear is how quickly the 11th circuit might actually act or schedule anything. of course, we're just about what, eight plus weeks away from the election. and then there's that. if trump wins, he could ultimately get rid of this case. i will note deal 11th circuit. it does have a conservative tilt. however, they previously overruled, judge cannon. just about two years ago when she decided to name a special master to review documents in this case. so this will be a case to watch anderson. we'll see when the 11th circuit hears it, and then it could ultimately be appealed to the supreme court. >> jessica schneider thanks very much more perspective from cnn, senior legal analyst, elie honig special counsel, make a good case here. >> i think jack smith is going to win this anderson. i don't like to do predictions, but i just read the brief and i'm convinced he's going to win. and here's why the argument

that donald trump made is congress has to pass a specific law saying, we hereby create the position of special counsel in order for there to be a special counsel. but what jack smith argues, i think quite persuasively in his brief is there are four different laws where congress says, well, the attorney general has very broad powers to delegate his authority to enlist other prosecutors and fbi agents to do the work that he needs done. and i think that's a powerful argument. and by the way, this same argument has been made to various other district court judges and appeals, including in the malheur case and hunter biden case. and it has not succeeded. judge cannon is the only one who's found this way. if if this is reverse, could smith tried to get cannon removed? so he could have asked in the brief that he filed today to have i've judge cannon removed, but he did not. it's very rare for doj to do that. we really i still say we doj, but we only do that in the rarest of circumstances that said, sometimes courts of appeals will remove a district court judge on their own. it's

extraordinarily rare. but if they reversed judge cannon here, that'll be twice. jessica mentioned the other one that is a whole new playground there that is something that very rarely happens. so if they reverse her again, it's possible in my mind they remove her as well that what the appeals court would remove the jack smith wouldn't have to petition tapper exactly. >> a lot of times when this does happen, the appeals court will do it on its own without even any of the parties asked. >> that would be i would imagine not great for her career. oh, my gosh. it would be humiliating for her. it when it happens, it is a mark that stays with that, judge for a long time. the federal appeals courts are extremely reluctant to remove a district judge. they only do it where they feel like that judge cannot fairly continue on the case. >> and if the special counsel is allowed to proceed, i mean, to jessica's this is not going to happen before the election. >> yeah. the timeline is blown up here. >> i mean, i don't think we're going to even get a ruling from the 11th circuit before november that said i do. as i said in the beginning, i do think jack smith's going to win here and then it's all going to depend on who wins the

election. because if trump wins, the federal cases, including this one, they're out the door. if kamala harris wins, a.i. as soon as she would let it go forward. and that i think underscores the stakes here in this election for donald trump. i mean, if he wins these two cases and probably all four of them go away. if he loses, he is going to trial in all likelihood on one or two or both of the federal cases in just in the trump's attorneys in georgia in the fani willis case had petitioned again to get her removed. what's going yeah, that brief just came in about an hour ago. >> i just read through it. i actually think they have a very good chance. donald trump's team of winning that case. and now we're in georgia and the state case and winning the case in terms of getting her removed or is willing to kiss, winning the case outright and getting it thrown out. and here's why a lot of the focus has been on this conflict of interests fani willis had this relationship with another attorney on the case and they intermingled their finances. i'm sure i've said to you, i never thought that was the issue. i think the issue is what trump's team hit on today, which is fani willis has made wildly inappropriate public out-of-court statements.

and what trump's team focuses on in this brief is fani willis at one point went in front of a church with national tv cameras and said, the reason these defendants made this motion is racism you are polluting the jury pool when you do that and trump's team argues, and i think they have a good chance of winning. that. that's misconduct and that requires dismissal of the indictment because it undermines the rights of the accused. they have the right to be presumed innocent. and if you're tainting the jury pool, it's a big problem. >> we only thanks so much coming up tomorrow morning's scheduled space to excellence, not only may mark a major step or private spaceflight, but signal how nasa hopes to bring home two astronauts stranded right now, aboard the international space station, we have details next the source with kaitlan collins tomorrow at nine when did i call the filter? >> when i saw my gutters overflowing obs my porch, we filter is a permanent gutter solution. >> so you'd never have to worry about costly damage from good luck gutters again, it's easiest guy you'd make colleague 3-3 lee filter today more because it leave

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set of individuals that's what we do we're, going to take us to the next level hard knocks training camp with the chicago bears streaming exclusively on max sometime early tomorrow morning. >> elon musk space x is scheduled to launch a new four person mission will be special for two reasons. one, the crew of the privately funded polaris dawn mission will consist of astronauts who hope to conduct a first ever commercial spacewalk. they're also going to attempt to reach the highest ever orbit for for crewed mission. the second reason is that tomorrow's launch now comes with the knowledge that over the weekend, nasa selected spacex to help bring home two astronauts who can't return from the international space station due to safety issues with their boeing starliner spacecraft cnn space and defense correspondent kristin fisher joins us now. so nasa announced the astronauts who've been stuck up at the international space station are not going to get back until february 2025. how are they

going to get back safely landers and it's not on this spacecraft that got them in this space, boeing starliner, the first crewed test flight for this mission, it ran into so many issues, helium leaks problems with the thrusters, and so anderson over the weekend after weeks of testing, nasa official said, hey, we've learned our lesson from the challenger accident, from the columbia accident. >> we're going to put the astronaut safety first. and so rather than take any risks, they decided to keep those astronauts up at the space station until february in 2025 and hitch a ride back on a spacex crew dragon. so that means what was supposed to be an eight-day mission is going to turn into about eight months up there for them. >> is it true that some of the astronauts personal luggage, including their toiletries, didn't make it into space because i how could that have happened? >> i know. >> yeah. so it turned out to be not the right thing to take off the spacecraft. they had too much weight to what's mass on the spacecraft when it launched. and they needed to

get a critical piece up to the international space station. the you're in recycling pump wasn't working literally bags of astronaut. you're in were piling up up at the international space station. and so in order to get this replacement pump up there, they put that inside the starliner spacecraft and took out two of the astronauts suitcases inside. all of your toiletries? i kind of want them if i were up there for well, i mean, these much less eight months i get it. >> not wanting the bags of you're in are going to get maybe give them a break on that case, although i do think given that i travel a lot, i do think you should always just carry your toiletries in your carry-on bag in case they lose your luggage little pro travel tip, tip so spacex has separate, unrelated mission scheduled to launch. what do we know about that flight well, it was actually just moments ago, delayed about 24 hours due to some issue with fueling on the ground that just took place. >> but when it does launch, anderson, this is going to be one of the most daring human spaceflight missions. in modern

history. the world's first commercial spacewalk, and it's really cool here is spacex designed new spacesuits just for this mission, nasa has been trying to develop new spacesuits like this for about 40 years, spacex did it in about two-and-a-half years. and i'll let the missions commander, jared isaac men explain what they eventually hope that these spaces will be used for i think we're all really confident having observed all this for the last couple of years that some iteration of it, fifth or sixth is going to be worn by somebody walking on mars him day in. >> and that just makes it even more of a privilege. it can be part of it and so in addition to the spacewalk anderson, one of the other things that this mission is going to be doing is these astronauts are going to be flying into the radiation belt. >> this is the first time that any humans have done this since the apollo astronauts back in the 1970s. so it's a really risky mission. but all these astronauts say, you know, they've been training for two years here's they think they're ready. >> amazing. kristen fisher, thanks. the news continues