>> that's why it rone. we're working with the nba to inspire mental fitness in everyone thin network closed captioning brought to you by book.com if ' you. >> 808 two one 4000. menendez brothers are set to appear in court for the first time in nearly 30 years. decades after they were sentenced to life in prison for murdering their parents. we'll have the latest on their bid for release. plus, a controversial past making for an uncertain future. some of the president elect's picks for key administration roles are facing a serious battle to get confirmed. we have some new reporting on how the trump team

is preparing and how do you go about hiding more than $150 million in expenses? >> a former macy's employee did just that. how the retail giant found out. >> and now what happens next? we're following these major developing stories and many more, all coming in right here to cnn news central los angeles most infamous murder cases back in the spotlight today, just minutes from now. >> lyle and erik menendez will be facing a judge for their first court appearance in nearly 30 years. the brothers have been serving life sentences without the possibility of parole for killing their parents in their beverly hills home back in 1989, but their lawyers want the court to consider new evidence, which they say bolsters the defense's argument that the pair feared for their lives after suffering years of sexual and other abuse at the hands of their father.

>> the two men were last seen in public in 1996 during their joint trial, where a judge excluded much of the sex abuse evidence. they were previously tried separately, which ended in two deadlocked juries cnn's jean casarez joins us now with more on this. jean what can we expect from this hearing today? >> well first of all, just to have it happen is a very, very significant factor here because just as you said, it's been over two decades. well over two decades that they have appeare. first of all, it's what is going to be the focus today. it's a habeas corpus petition that was filed in 2023 by the defense. george gascon's office did not act on it. did not mention it. but now finally, it has come into a courtroom. now, this is a status hearing. and so a status hearing can be let's just check to see where everybody is until we get to the main hearing. or it could

go farther because it's up to the judge where he wants to take this today but the habeas petition is really focused on two main issues. number one, a letter that eric menendez wrote to his cousin the months before the murders, according to the defense, that letter, they are alleging, was undiscoverable at the time of to see it. but in that letter he says, i'm scared of my father. i'm scared he's going to come into my bedroom at night. now the cousin actually did testify in the trial, but the letter did not come into the trial. so they're saying that if there was a new jury that they could find them not guilty because of this letter. number two, a member of the group menudo, has come forward saying that he was sexually assaulted by jose menendez, the father of eric and lyle. when he was a young boy. because jose menendez was a record executive he dealt with menudo

and they are saying once again, if a jury had known this, that there could be a different verdict. so that's what the issue is with the habeas petition, which we understand according to upcoming ddr hochman will be focused on today in court. >> yeah, it's also just, you know, so many years later, it's a different time when it comes to understanding of sexual abuse of men and boys. so you also have that as well. and there's this other hearing gene for the menendez brothers. it's set for about two weeks from now, december 11th. tell us about this one. >> well, this one is the other road. and this would be on rehabilitation. now next week, nathan hochman becomes the district attorney. he's a different district attorney. he's going to be then gascon because he campaigned on tough sentencing. smart sentencing, but fair sentencing he says that he hasn't even begun to look at the record yet. but this one is based on rehabilitation which california law has focused on, saying that both of these brothers have

really participated in programs inside the prison first of all, lyle menendez, he has gotten his bachelor's degree from the university of california irvine. while he's been in prison he's created programs inside the prison rehabilitation through beautification adverse childhood experience to help counsel and talk with other inmates, and then also the juvenile life without parole because he can understand that better than anyone. to counsel those that are sentenced to life without parole now, eric, he got his associate's degree. he actually learned and got a certificate in sign language to help those that are profoundly deaf in prison. he created other programs victim impact, victim sympathy for vulnerable

populations. so that's going to be the focus. but we have to remember one thing. this was a premeditated double murder because the father, they allege sexually assaulted them but at the time of trial they thought their mother knew. but they weren't sure. but there are two life sentences here that we can't forget. the second thing that i think is important is george gascon publicly said that within his office, you know, there's all these associate and assistant district attorneys. he said there was a lot of division that a lot of them did not believe they should be released so how does that factor in to where the prosecution with the upcoming da will actually >> yeah, it will be fascinating to watch. jean casarez, thank you so much for bringing us up to date. let's discuss with dominic patten, who is executive editor of deadline hollywood, and brian claypool, a criminal defense and trial attorney. thank you both for being with us. brian, what are

you anticipating today from this hearing yeah. >> hey boris, great to be with you. look, what i think this judge is going to do is he's going to consolidate the two matters that jean just talked about you've got a habeas corpus petition and then you also have what's called a request for resentencing. that's what she was talking about. where the where the menendez brothers legal team has said to the judge look, there's a law in california that says that if you commit a murder and you're under 26, that you are eligible for parole after 35 years, so it's 35 to life, not life without the possibility of parole. and the menendez legal teams also arguing that the court needs to consider what jean talked about. that note that one of the menendez brothers wrote a month before the second trial happened, and that would be used then, like a mitigation factor, right, to then have this judge eventually ruled. yes we'll resentence and then if he says yes to that, then it's got to go to a parole board then too. so this thing is not going to be wrapped up

today or anytime soon. i expect there to be probably a consolidation of both these hearings and then a new court date set probably a few weeks later to allow the new da, nathan hochman, also to weigh in on what his recommendation is going to be and dominic, there were there was so much drama around the trials. >> if people may not even remember, there were multiple. there were two trials, one that ended without a verdict, the second one that did, the first one that allowed some testimony about the alleged sexual abuse. the defense, did not and obviously a very different outcome. and then you also had just the time in which this was happening, of course, which was the proximity to the o.j. simpson case in california it's hard to overstate how much was going on and how much of a focus and how much drama revolved around these trials yes, i absolutely, brianna, and i would say, you know jean's

excellent introduction segment really laid out the stakes here, but i would also say, excuse me, one of the things we have to consider here is internal california politics. >> we've talked about the new da. we've talked about the old da. we've talked about the fact that the lawyers for the families, members of the families want these two released. and this will be in a virtual appearance. what we understand the first time the menendez brothers have been seen together in public in decades but we also have the overriding factor of governor gavin newsom who has been asked for clemency in this, has been request and he has said as deadline reported last week, he said, i'm not doing anything until the new da gets in so there's a lot of hurry up and wait here i agree with with my, my, my co-host, my co guest here, we might see a consolidation, but we are. i also agree with my co guest. here we are not going to see this resolved today >> yeah. and brian as gene talked about there are several pathways for the menendez brothers that could lead to their release there was

discussion over a new trial, the resentencing and then obviously the potential for gavin newsom to step in and grant clemency. which do you see as the most likely path yeah. >> great question, boris. the most seamless route for the menendez team is a resentencing hearing. they don't want to go do a new trial. these two young men at the time of the murder they admitted they committed the murder. so the best you're going to get if you go to trial again is exactly what they're seeking. and the resentencing which is 35 to life and so that's the easiest way to get there. and i think they've got a decent chance. i've represented over 150 victims of child sexual abuse many of those victims now are adults. and i will tell you, boris and brianna, that these people are living in a different bubble. they have a lot of ptsd, and each victim of sexual abuse responds to the abuse and the ptsd in a unique way. and i think that's a factor that this judge is going to consider. and one last point i want to make

is gascon actually made a good point at his press conference a couple of weeks ago he said, look, i have resentenced over 300, uh, criminal defendants in my four year term. of those 300 that were resentenced, only 14 had a recidivism rate or committed another crime. that's less than 5%. so i think that's a compelling factor that the judge will i think the judge will ultimately take this up he'll set a new hearing date. and i think you're likely to probably see a resentencing. >> okay, so dominic, they have a chance but what are the things? and you mentioned the the internal politics, for instance the the local politics and that may have also played as well in their initial conviction what are the things that they have sort of in the winds in their face that could mean they don't actually ultimately see any kind of reprieve here >> do you mean that are you saying that there might be a case where they may not get out

early? >> that's right. >> well, i mean, i would say a lot of things. i mean, i think that brian jean mentioned it. you guys mentioned it as well. there's a new sheriff in town, figuratively. and nathan hochman has got elected on a be tough on crime in a city that's been greatly worried about crime rates rising this was something that came up during the d.a. debates earlier this year where where the now incoming da said to the incumbent look, man, you're just doing this for pr, you've had this on your desk for over a year. you've done nothing. we have seen we should talk about this. the power of netflix in this. there was the netflix series, the drama by ryan murphy, monsters. that was about the brothers. there was a documentary on peacock last year which revealed this new evidence from the cousin who got the letter. we've now seen an obviously as jeanne mentioned, seen the member of menudo who talked about being abused by elder menendez all those factors are important and i also, as i mentioned earlier, there are members of the family who want the siblings released. but let's be clear there are

also members of the family who do not want them released. and as jeanne said, this was a double murder. the talk about jose menendez, that has been pretty strongly established, and we do live in a different time when it comes to talking about male sexual abuse. kitty menendez, on the other hand, let's be clear those boys, and they were not boys at the time. they were young men. they followed their mother down the hall with shotguns during that second trial, photos of her were shown in the courtroom day after day after day. photos that were a horrific, uh scene of what had happened. that has to play a factor. no one denies these killings happened we have to ask ourselves, in changing culture and changing times and changing da's, will those pieces of evidence sway either way? >> yeah. and yet, as you mentioned, divided family members including relatives of kitty menendez. it really is fascinating. so many moving parts here to watch. dominic bryant, thank you so much to both of you thank you happy

thanksgiving everyone. and to you as well. ahead this hour on news central, preparing for a battle and maybe a few battles. what we're learning about the trump team's strategy is some of the president elect's cabinet picks face confirmation hearings. >> plus, a major step in a potential cease fire in the middle east. the israeli cabinet is set to vote on a deal tomorrow with hezbollah. we'll take you live to jerusalem with the latest on these negotiations and a new study that says vaping can seriously affect your health and the impacts can happen almost immediately. details in just moments meet and celebrate the honorees then find out who will be hero of the year. >> plus, a special tribute to michael j. fox, cnn heroes, an all star tribute sunday december 8th at eight on c. >> he looks down at his queen and says eyare revoir, mon amour i'll be in tow. >> let's work on that friend,

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let's get straight to our paula reid. and paula, we understand that jack smith's special special counsel has weighed in on the status of one of trump's cases. what can you tell us? that's right. special counsel jack smith is saying that he is going to move to dismiss one of the two criminal cases against president elect trump. here he is referring to the election subversion case that he filed against president elect trump roughly two years ago. he is saying that, quote, the country has never faced the circumstances here where you have a pending criminal case against a president elect there is internal justice department guidance that says you cannot indict or prosecute a sitting president and here jack smith saying that, quote this also applies to this situation where you have a president elect. so he is moving to dismiss the election subversion case against trump. now, of course trump is facing two federal cases, both brought by the special counsel, jack smith. this election subversion case. and then also the classified

documents case down in mar-a-lago. now we've reported that the justice department and the special counsel's office have been in conversations about exactly how they want to wind down these cases. now, we have not heard specifically about the mar-a-lago documents case yet that is a little more complicated in terms of winding down, because of course, trump has two co-defendants there who are not president elect. so we'll be watching to see what the special counsel does here. but in terms of the special counsel's case against trump related to january 6th and his alleged efforts to interfere with the outcome of the 2020 election, here jack smith asking to dismiss this case. now, this is not a big surprise. a short time ago, a couple of weeks ago, smith has asked the court for more time to, quote, assess unprecedented circumstances of having a pending case against a president elect. and they asked the court for more time to assess what they should do. and again, not a huge surprise that they were going to ask to dismiss this case because the president elect has made it

clear once he's in office, he intends to fire smith and get rid of his entire office. it's also expected he would get rid of the two cases against him. he can do that as president. he can have his attorney general fire the special counsel dismiss cases. but here it looks like jack smith trying to beat him to it. and asking for this case to be dismissed. and we're watching and waiting to see if we get a similar filing related to that other federal case pending against the president elect down in florida related to the alleged mishandling of classified documents. >> paula, as you said, these filings not coming as a surprise, given that donald trump won the 2024 election, but stepping back, put this into context for us more broadly, because this is the closure of one of the most significant chapters of the legal woes that trump has faced. these charges were filed more than a year and a half ago and a lot of work went into this. >> yeah, i mean, this must be devastating for the special counsel jack smith. he was brought in to handle these two cases, but the fact is that

there is internal justice department guidance that says that you cannot indict or prosecute a sitting president. and they had to discuss with the leadership of the justice department. well, what do you do with a pending case against a president elect and a source familiar with his thinking tells me, look, smith is a rules guy. he wants to follow the procedures. the practices of the justice department, which is why he is moving to dismiss this case. now it's also interesting about this case is this is the case where the supreme court had to answer the question of whether the former president at that time, former president trump had any immunity to shield him from some of the charges in this case, because his lawyers argued that some of the the allegations were related to his official conduct and the supreme court took roughly seven months to weigh in on that question. and, of course, they did rule that he had some immunity to protect him from prosecution. but if the supreme court had weighed in when jack smith initially asked them roughly a year ago last december, it is possible that the special counsel could have

had time to bring some case depending on what would remain after the supreme court's analysis. but the supreme court again waiting seven months to reveal the answer to that question, making it virtually impossible that the special counsel could bring this case. and this was really the only federal case that they could have realistically brought against trump before the november election even people on both sides of the aisle have told me that the classified documents case was going to take longer, no matter who the who, the judge was. but again, the special, the special counsel definitely hindered by the supreme court taking so long here but look, the trump lawyers, they also deserve credit. they have very aggressively litigated on behalf of their client pretty much every conceivable constitutional claim that he could make. they have made it. and they were successful even beyond their expectations. with the immunity argument at the supreme court. but once he became president elect, they made it clear they were going to press to have all of these cases tossed out. and if they weren't, trump was going to have his attorney general do it once he or she got into office. so this is not a huge surprise. the special counsel moving to

dismiss this historic case. all right, paula reid, thank you so much. >> yeah. please stand by. paula, we want to discuss this and more with democratic congressman dan goldman of new york. he sits on the house homeland security committee. congressman thank you so much for being with us. just right off the bat your reaction to jack smith announcing that he will file to dismiss the charges in the election subversion case against former president trump well, look, i certainly understand why he did it given the department of justice policy that you cannot prosecute a sitting president. >> i think it is a shame for justice in this country it establishes that donald trump is above the law. the supreme court put him above the law in that opinion that paula just mentioned but now he appears to escape full accountability for what were crimes charged by a grand jury. and i would just add one other thing that we ought to pay close attention to. we cannot normalize the

fact that donald trump, as the president elect should not be held accountable for crimes that he committed before. if he were to have fired the special counsel that would be a gross abdication of the independence of the department of justice. and if the shoe were on the other foot, for example and joe biden were to have fired, fired david weiss who clearly had a politicized investigation because the house republicans effectively scuttled a plea agreement. everyone would be up in arms. so let's make sure that we don't normalize, donald trump's political partisan behavior. that has no place under our rule of law. >> congressman, you know that the american people were well aware of the charges that donald trump is facing. was facing in this case. and several others. what do you make of the argument that they essentially served as a jury? and by reelecting him and now

making him president elect, they have weighed in on these matters. >> i don't give any credence to that argument. i think what was very clear is that people voted for donald trump because they thought that he was going to improve the lives of the middle class and perhaps, in addition, that he would secure the border. they did not vote of our agencies and certainly not as a referendum on his criminal cases. those cases should have been played out in a court of law. i believe the attorney general should have started the investigation a lot earlier. i believe the supreme court should have moved much quicker in its opinion, and this should they. donald trump should not have been able to run out the clock on these charges, but i certainly don't think anything that came from the election was a reflection getting rid of these cases, largely because the american people, as you and i as well, we don't know what the actual

evidence is. >> i mean, i imagine that a lot of voters had to know that those cases would go away if he were president, given what you what you said about the supreme court's ruling on on immunity, um immunity, um that doesn't change the way you think about this at all. the fact that voters must have known that he wasn't going to prison or to be convicted of some of these crimes, if he was going to be elected well, look, i think ultimately, the majority of voters who voted for donald trump decided that, you know, what they're dealing with in their day to day lives understandably matters a lot more than what's going on in a criminal court with donald trump. >> i think it's sad. i think it should be disqualifying, but i certainly understand why people are more focused on their price of groceries, on their job prospects, on the affordability crisis. but i do expect, boris, that the special counsel will release a very detailed and exhaustive report outlining all

of his evidence. that is the ordinary course for special counsel when they wind down. and i would expect that the special counsel will do that before he leaves office. >> and, congressman, before we let you go, i have to ask you about this. you recently introduced a resolution to clarify the constitution's two term limit for presidents. do you think that there's a serious push among republicans to change you the example that i just mentioned, which is that it appears to have been completely normalized, that donald trump could either pardon himself or dismiss criminal charges against him if he becomes president at one point, that was anathema. and everyone was like, oh, my god, that's crazy. that can't possibly be. it's the same thing now. this is how donald trump operates. he floats it. he normalizes it, and then it just becomes part of the common parlance and so we wanted to lay down a marker to say and put everyone on record republicans included,

that the constitution is very clear that he cannot serve another term. and what my fear is is that with him floating, that with some of his cabinet picks, which clearly are prioritizing political loyalists, that donald trump is well on his way to dismantling our government and the way that it operates. and we and congress, the republicans especially in the senate, need to be a check and balance to ensure that our government continues to function for the people, not for elon musk and other billionaires. >> congressman dan goldman, we have to leave the conversation there. appreciate you joining us, sir. thank you we want to go back to cnn's paula reid, because i believe, paula, you have a statement now from the trump team about this news that the special counsel is ending his election subversion case. >> that's exactly right. president-elect trump's spokesman, steven cheung writes, quote, the american people reelected president trump with an overwhelming mandate to make america great again. today's decision by the doj ends the unconstitutional

federal cases against president trump and is a major victory for the rule of law. the american people and president trump want an immediate end to the political weaponization of our justice system. and we look forward to uniting our country. now, we should all bookmark that. boris because one of the big questions for trump's attorney general nominee, pam bondi, is whether she will try to weaponize the justice department and that's a big question, because that's something trump made clear on the campaign trail. he wants to do that. he wants to go after his political rivals and use the justice department to target people that he is unhappy with. that is, of course, not the way the justice department is supposed to work but there are concerns that pam bondi, who comes to the office potentially with experience, there are questions about whether she can be impartial because she helps to amplify false claims about the election. in 2020. so she's going to face some pretty tough weaponizing the justice department at her confirmation hearing. and, of course, the

number two official at the justice department is one of trump's top defense ey todd blanche. he's also put some of his other attorneys in top positions at the justice department. so while today the trump team is saying that they want to end the weaponization of the justice department, that is going to be a question that will linger over the trump justice department, whether they really will put an end to that or whether they will try to weaponize that massive law enforcement agency. i also want to talk about something the representative touched on, and that is an special counsel, jack smith. he is required to submit a report to the attorney general. i am told that the attorney general is expected to make that public, as he has with other special counsel's reports. but i'm also course, filed this indictment, the court has unsealed some other evidence in this case. we shouldn't expect a lot of new o evidence in that report. so we do have much of the evidence in the case, in the public record the one place where we could potentially get some new information from jack smith is if he is called to the hill to

testify as the special counsel's before him, have all done and paula, quickly, is there something that the incoming administration could potentially do to block the release of that report or to redact portions of it so i expect that it will be submitted to attorney general merrick garland before trump takes office. and now we kind of expect that special counsel jack smith will be gone. it's unclear what happens to his office, but it looks like he's going to try to get out before trump gets in. but i am told that this is expected to go to attorney general merrick garland. he is expected to release this report, as he has done with other special counsel reports from john durham and special counsel rob her, who investigated president biden. but again, i've been cautioned that there may not be a lot of new information here because, of course, there's already been an indictment that's been filed. and then of course, the judge in this case revealed allowed to be revealed some additional evidence in this case. so i'm told there won't be a lot of new in that report, but it is still expected. it is required of a special counsel to submit that report. all right, paula thank you so much

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order from nuts com today closed captioning is brought to you by sokolov law mesothelioma victims call now $30 billion in trust. >> money has been set aside. you may be entitled to a portion of that money. call one 800 859 2400. that's one 800 859 2400. >> we have big developments out of the middle east today. the spokesman for prime minister benjamin netanyahu says the israeli cabinet will vote tomorrow on a cease fire deal with hezbollah in lebanon, and the agreement would effectively end israel's major military offensive that began in september. >> a source tells cnn that netanyahu has already approved the proposal about the contours of this deal yeah, we're hearing from israeli officials that they still have some reservations about it, but it appears that this may go ahead. >> it's a 60 day ceasefire. what israel wants is the right to respond and strike back at hezbollah. if they break the terms of that deal. the fact that the atmosphere the

military atmosphere, is really heating up the home front command here may put in even more restrictions close to the border because they expect an uptick in rocket fire, is absolutely symptomatic of a deal coming into land. we know that the netanyahu's right wing cabinet member itamar ben gvir the national security minister, he said today that his advice to the prime minister today that h the prime minister was don't sign the ceasefire deal. now you've got hezbollah on the run, continue to smash them, continue, continue continue. his words. but we also understand that netanyahu will be meeting with his party his coalition party groups, individually that will include ben-gvir's group. and that's

where he would hope to persuade them of his opinion. i think the expectation is when that vote comes tomorrow afternoon, it is going to go through. >> nic robertson live for us in jerusalem. thank you so much for the update. let's talk about this more with former deputy assistant secretary of defense for the middle east and research director for the washington institute for near east policy, dana stroll and the former director for syria and lebanon at the white house national security council, hagar chemali. thank you both for being with us. hagar, first to you. do you expect that the cease fire deal between israel and hezbollah will get over the finish line? >> i definitely think there's a very close and certainly closer than they would be with gaza. and the reason is because the israelis are dealing not with the terrorist group actually, but they're dealing with the lebanese government and the lebanese armed forces, who very much want to make a deal. you don't have hostages included. biden is pushing it very hard on his end. this is the one win that the biden administration could get before the end of his term. and as and in general, israel has already decimated hezbollah significantly, not to

the point of eradication. but but we don't want to underestimate the extent to which they've killed off those leaders and how much that weakens them. so in order for them to be able to focus on gaza, i do think there's interest on both sides to make this deal happen. and i think that there's real hope there. >> and, dana, what are the practical implications of the cease fire, which we're hearing could last 60 days? >> well, first of all, this is a big test for israel for the government of lebanon, for the lebanese army and for the international community in those first 60 days, hezbollah will need ove very far away from the israeli border and the lebanese army will need to come in with the un and disarm hezbollah and turn those weapons over to the un or to the government of lebanon. and we'll see whether or not we can do that. and of course, the big challenge here is whether or not communities on both sides of the border, but especially in israel, very eager to get their communities back to their homes in northern israel, will feel that this cease fire is effective enough. and to make it safe for them to

go home. >> dana barak ravid is reporting that a u.s. envoy warned benjamin netanyahu that if israel didn't move towards a deal in the coming days, he would withdraw from negotiations. what does that tell you about the current posturing from the biden administration toward netanyahu well, i think, first of all, biden has empowered some of his closest advisers to be negotiating one has worked very hard to get israeli hostages out of gaza to get a ceasefire in gaza. >> and amos hochstein has been working for more than a year now on a cease fire that would allow both sides to de-escalate and hezbollah to be disarmed. when it comes to lebanon. it's very hard to negotiate when there's leaks every other hour about what they're trying to do. and at this point, if the israelis i think the view is they have accomplished so much hagar, the icc arrest warrants for netanyahu, as well as yoav

gallant, the former defense minister, really affecting these negotiations, or at least momentarily. >> talk to us. a little bit about that, specifically about france's role and why that created issues. is trying to get a collective position on these arrests and and figure out their view on it. europe, as a whole is a member. they're all members of the icc. the eu has said that they will respect the icc's jurisdiction which means that if galant or netanyahu were to travel to europe, they would be arrested. some members have have rejected that. like, for example, viktor orban of hungary, the prime minister there, has said no, he wouldn't. the u.s. has made a statement that that these that not only do the icc arrests bear no jurisdiction in the united states because the u.s. is not a member of the icc, but they reject it altogether. and there are many reasons for that and and that has, by the way, that's something that's transcended among both administrations. a lot of their jurisdiction because they have typically targeted israel in particular, and the united states as well. otherwise, by

the way, you would see arrest warrants for for the sudanese leaders dealing leading the humanitarian crisis and war there. and so i don't expect those warrants on one hand, to be carried out unless the unless galant and netanyahu travel to europe but on the other hand, it undermines the credibility of the icc. it's it's not totally symbolic. it is important but i also don't expect the arrest to be carried out. >> hagar. dana, thank you so much to both of you. obviously, we are at a point to watch and we appreciate your insights and ahead, the numbers, they just weren't adding up. what a former macy's employee is accused of intentionally hiding for years. you'll see why the numbers weren't adding up. how the retail giant is responding >> cough chest congestion hello? 12 hours of relief. 12 hours. not coughing. >> hashtag still not coughing. >> mucinex dm gives you 12 hours of relief from chest congestion in any type of cough, day or night. mucinex dm its comeback season. >> i'm jonathan lawson here to

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with you at every step. take control of your coverage by calling plan enroll today. i'm hanako montgomery in tokyo and this is cnn more breaking news. >> we just told you that special counsel jack smith had dropped the election subversion

case against donald trump. let's get to paula reid, because now he is ending the classified documents case. the federal case against trump. paula, that's exactly right. they are asking to dismiss the federal classified documents case against president-elect trump. but they are going to continue the case, which is currently being appealed against his two co-defendants, because, as you may remember, judge aileen cannon, the trump appointed federal judge who is overseeing this case, tossed the classified documents case, siding with defense attorneys who said that special counsel jack smith was improperly appointed so this was a pending appeal before the u.s. court of appeals for the 11th circuit. jack smith is saying they are going to stop the case against trump, but they will continue with this appeal as it pertains to his two co-defendants. so the case lives. but the trump part is being removed because as president elect, the special counsel's office believes he is entitled to the same protections from indictment from prosecution as a sitting president. but this is going to be an interesting question for

the incoming justice department, because if they decide to either pardon the two co-defendants or toss the case you will have this decision, this precedent sitting out there from judge aileen cannon saying that the special counsel was improperly appointed something that really shocked most legal experts and even most federal attorneys that i spoke with. and it is expected that trump's justice department may want to avail themselves of appointing special counsels to look into certain matters. so it's going to be really interesting to see how they handle what remains of this case. and this is part of the complexity, the jack smith was facing after trump was reelected. as we reported a few weeks ago, the special counsel's office and the justice department, they needed to to get together and really discuss the mechanics of what to do, because of course, these cases don't just involve the president elect. you also, in the mar-a-lago case, you have these two co-defendants. so after these conversations between top leaders of the justice department and the special counsel, you can see they' they've decided to completely toss the dc case the election

subversion case against trump dismissed trump's part of the classified documents case, but they say they're going to continue with those two co-defendants. and it'll be interesting to see how that progresses and what the trump justice department decides to do in that case because either they continue to prosecute two trump associates or they kind of undermine the legitimacy of special counsels that they may want to appoint and couldn't they simply pardon, couldn't trump simply pardon those two co-defendants at some point? they certainly could. and that would be my expectation that they would certainly get pardons. they both sort of played a long game here, but the problem is that you have judge eileen cannon's decision sitting down there in florida saying that the special counsel was improperly appointed by the justice department and is expected based on statements that trump has made on the campaign trail, that his justice department may want to appoint their own special counsels. now, they don't have to appoint a special counsel, usually do a special counsel if you believe you can't be impartial for some reason, they may just allow their criminal

division or their national security division to pursue the investigations that they have suggested they will pursue into some of trump's political rivals. but this all goes into sort of the big questions for trump's attorney general nominee pam bondi. how will you handle this will you be able to be impartial and the trump team again, saying today that these dismissals represent an end to the weaponization of the justice department? well, are you really going to end what you perceive as the weaponization of the justice department? because that contradicts what trump said on the campaign trail in the campaign trail, he has suggested that he wants to use his doj to go after his perceived political rivals. >> paula i'm also curious because we're talking about these co-defendants in the federal classified documents case. but in georgia, where he's facing another election subversion case, that's a state level case, probably wouldn't be surprising if trump's the indictments against trump went away there. but he has more

than a dozen other co-defendants in that case and that state court. so he theoretically wouldn't be able to pardon them there. what happens to rudy giuliani and all those other folks? >> so i want to differentiate. trump faced four criminal cases, two at the state level, one in new york, one in georgia, and these two federal cases from jack smith. the federal cases are being dismissed here. jack smith wants them to be dismissed because he knows guidance says he can't really proceed with them now that trump is president elect. even if he did proceed, he knows once trump gets into office, he can either pardon himself or have his attorney general dismiss the state cases are different. while trump is protected from some proceedings at the state level, it doesn't mean that the cases go away they're sort of in limbo. so in new york right now, we're waiting for the judge to weigh in trump, even as president, he has no power to make those cases go away. instead, right now, he's asking his lawyers to kind of litigate and make them go away. unclear what will happen in new york and the georgia case is sort of the same. there's this outstanding

question of whether the d.a. down there fani willis, has to be removed from the case because of her involvement with the top prosecutor on that case, nathan wade that's an open question. so i would describe both of those cases against him as being in limbo. they can't proceed while he's president elect, but he also can't make them go away like he can with federal cases. all right, paula reid, thank you so much. the special counsel now ending both of these federal cases, the classified documents case as well as the federal election subversion case. we'll be right back with more sunday, december 8th on cnn think you've been harmed by products containing talc? >> you may have the right to vote on filed by emery's talc and cyprus mines it's important because the plans determine how talc claims are treated, which may affect your rights and claims vote by december 16th, 2024 or object by march 26, 2025 to help determine how injury claims are treated, visit inc. talc. com for

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join and get an insulated trunk organizer. >> free plus aarp, the magazine so macy's is delaying its quarterly earnings report after discovering a single employee hid up to $154 million in expenses >> that's a boggling amount. and the retail giant says the employee intentionally made these accounting errors related to small package delivery expenses. it's a person that's no longer with the company. we have cnn's vanessa yurkovich is with us now on this. vanessa, what are you learning about this and that is a lot of money. what kind of impact is it having? >> it certainly is. we are learning that as macy's was preparing their third quarters earnings report, they found some accounting discrepancies within the small small packages delivery expenses and they launched an investigation. >> an independent investigation and found that there was a single individual who was making erroneous entries into the accounting of these small packages. expenses. the macy's,

for their part, says that they are still investigating this, which is why they pushed pause on doing their third quarters full scale earnings report and conference call. they pushed it to december 11th. now we don't know exactly why this employee was hiding this money. $154 million or how they were hiding this money. but macy's says for their part it did not affect any cash management or vendor payments. and during that same three year time period that this employee was hiding this money, all expenses accounted for about $4.3 billion. so a fraction of the cost, but still hundreds of millions of dollars. the ceo of macy's, tony spring, said quote, macy's. at macy's, we promote cultural a culture of ethical conduct while we work diligently to complete the investigation. as soon as practicable and ensure this matter is handled appropriately. our colleagues across the company are focused on serving our customers and

executing our strategy for a successful holiday season. this raises a lot of questions, especially among investors who are wondering how did macy's not catch this for three years? we know in their preliminary earnings report macy's sales were down about 2.4%. and the market's not really liking to hear this news either. the shares of macy's down 3% today in trading. but the investigation still continues as this individual though is no longer with the company guys. >> yeah. it makes you wonder who's watching the finances. if somebody just took 150 million bucks and snuck it under the llion bucks and snuck under the rug. vanessa yurkevich, thank you so much for the update. stay with cnn news central we're back in just a few minutes oh, our car's value went up. >> maybe we should track all our car's value on carvana. >> all of them all of them. >> we need more trackers. >> i'll track the van. gotcha is that my belt? are parts of

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