you argued in front of judge aileen cannon, that jack smith's appointment was constitutional. your main point you were trying to get across? >> thank you for having me. the main point to get across are that, there are decades of precedent saying jack smith was lawfully appointed. every court to address this issue in similar circumstances at identical circumstances has held that. for judge aileen cannon to entertain this issue, if she will ultimately that jack smith was unconstitutionally appointed, that would be an extraordinary breach and i am confident the 11th circuit and the supreme court would reverse her. >> helped me understand something, people were surprised she allowed outside parties to the case, such as yourself. were you surprised? >> i was. we never intended to try to participate in this extraordinarily uncommon for the clients that i represent to participate in oral arguments, even at the supreme court. when we file the motion to participate, we said we only wanted to do so because she asked the other side to participate. when we file that motion, even the supre

you showed a picture of judge aileen cannon before.put maga republicans on a bench with no experience. she is willing to protect trump for partisan political purpose. we need to do what mitch mcconnell did. ignoring every past statement and just using raw power to make sure his president's appointments got confirmed. we need to do the same. >> i want to make sure we talk about this bilateral security agreement that president biden and volodymyr zelenskyy signed. i think what is important to understand is just how fragile the agreement is. that there is an understanding that so long as president biden is president, the commitment stays in place. we have a presidential election looming in november. we are always talking about the consequences in the states and an agreement like this hangs in the balance. and with it, the global order. >> i think it is important to remember that when we voted on the ukraine aid package last month, it passed with 311 votes. that is a pretty strong bipartisan vote in the house. and so a future president has

from your pits to your- (sfx: deoderant being sprayed) secret whole body deodorant. >>> judge aileen cannonayed another hearing in donald trump's classified documents case, to revisit whether prosecutors misused statements by one of trump's former lawyers. this after cannon heard from the defense team on whether the fbi 2022 search of mar-a-lago was constitutional. her decision to hold the hearings have been called a, quote, waste of time. back with us, marc elias and ankush khardori. >> marc, you put out a tweet which i circled, emboldened, and wanted to put on a plaque. you noted, "in the last few months, the supreme court has silently created a new form of immunity for donald trump. immunity by delay." what that said to me, i juxtapose that, what the court is doing in this slow roll, then you look at what judge aileen cannon is doing in her slow roll. i don't know how anyone can sit back and say they have confidence in this system, in this judicial system, when every lawyer of any repute across the spectrum is saying the exact same thing. that this is justice by delay. >> yeah. i think t

the case now delayed indefinitely, as judge aileen cannon holds multiple hearings on a wide array of motions. she has yet to rule on many of them, causing unusual months-long delays. and david, there is news tonight in an unrelated case, the manhattan hush money trial. the judge partially lifting the gag order, which allows trump to comment on witnesses, including michael cohen, and broadly, the jury, which found him guilty on all 34 criminal counts.

special counsel, jack smith, requested that the judge overseeing the classified documents case, aileen cannon make it clear that trump cannot make statements that pose a significant, imminent or foreseeable danger to law enforcement agents participating in the investigation? no, they're concerned were false and inflammatory statements that trump made when he claimed that fbi agents were ready to shoot him and that he nearly escaped death during the search of his mar-a-lago property. now, we'll he was in new york at the time of that search. now, here his his attorneys are arguing against any restrictions on his speech. they're making many of the same arguments that they have made many times related to other gag orders pointing to the fact that he is the leading candidate for the republican ticket for the presidency insinuating that this is some sort of efforts to restrict his political speech. now, these are arguments that have played out in new york. and in this case, that the judge overseeing this case has already tossed this gag order request saying that the prosecutors did not sufficiently

let's go to aileen cannon. this is what has happened, katie, in every single one of the cases against donald trump. the people putting him on trial wind up on trial. jack smith, they argued his appointment was unconstitutional. fani willis, they tried to disqualify her by humiliaing her about her relationship. judge juan merchan, they tried to recuse him. judge lewis kaplan, who ruled against his businesses. they claimed alina habba claimed false allegations of a mentor/mentee relationship, she made those allegations between the judge and e. jean carroll's lawyer. judge arthur engoron -- in his business, the case against his businesses, demanded he recuse himself from the new york civil fraud case and accused him of engaging in prohibited communications. they put the lawyers on trial, the prosecutors on trial. they have been successful at dragging them through these processes. >> yeah, you know, when it comes to memes, one of my favorite ones is the lord grant me the confidence. i want the lord grand me the con

trump's favorite judge, aileen cannon, could be hours away from deciding if jack smith gets fired. and at this hour tonight, cannon is facing new questions as to whether or not she should be even overseeing this classified documents trial, the mar-a-lago case according to the new york times and new reporting tonight to senior florida federal judges, reportedly told cannon to step aside after she was assigned to this get case. and in the world we live in, it's important to just say some of the facts here. one of the judges who recommended this to cannon is named cecilia alta naga republican an appointee. >> she is the districts chief judge with decades of experience. keep in mind aileen cannon wasn't even a judge until trump made her one 14 years ago. >> according to the new york times, cannon rebuffed any suggestion from these judges that she should give up the trump's case completely rejected it. >> a case in which she has done thus far everything that you possibly could and her power is a judge to slow roll the proceedings that includes appointing a special master to review the se

obviously, trump appointed aileen cannon. she is supported by senator marco rubio is potential trump running mate, but we don't hear complaints either from trump world or the special counsel's office, or the justice department. why is that well, you're not going to hear it from the justice department because that's not what they do. >> they are not going to publicly chastised her, although jack has come very close to it. they are not going to file a motion to disqualify her because right now she hasn't done anything that rises to the level of a basis to disqualify her. she hasn't shown an appearance of impropriety yet. she hasn't done anything so terribly wrong or unethical that there's a reason to remove her the one thing that is clear though, is she is not ruling on all of these motions because she does not want to be appealed by the government. again, she's already been criticized a lot by the 11th circuit in both of the cases, they reversed neuron and she knows that she can't continue to get this criticism from the 11th c

financial disclosures are available at sfethics.org. >>> judge aileen cannon has two hearings on thecial counsel to place donald trump under a modified gag order, and two from donald trump to throw the case out on unconstitutional grounds. joining us from florida, ken dilanian and lisa ruben. ken, what's happening? >> reporter: right now they're arguing about this proposed modification of the conditions of donald trump's release, which is essentially a gag order where jack smith is asking judge cannon to order donald trump to stop lying about a document that reminded the fbi about its use of force policy that accompanied the mar-a-lago search in 2022. and jack smith said this request is narrowly focused and consistent with the first amendment. donald trump's lawyers argue this impinges on his first amendment right. the special counsel is saying that trump's comments especially -- he said the fbi had an assassination plot against him and he said president biden authorized the fbi to use deadly force during the raid, which is false. jack smith is saying those comments are putting fbi a

app now, i'm stephanie, il-1 and los angeles it's cnn night judge, aileen cannon failing to rule after a hearing today, trump's lawyers won the right for a full hearing on whether the fbi search of mar-a-lago violated trump's rights. judge aileen cannon gave them that hearing instead of dismissing it out of hand, forcing both sides have spent a lot of time effort to prep and present their arguments. >> and even as she then when the hearing happened, seemed to dismiss trump's arguments that the warrant was too broad. >> she said she had a quote, hard time seeing any problems with the warrant. she still didn't actually rule on it. >> it comes on the third and final day of hearings that cannon scheduled on various issues related to the mar-a-lago classified documents case issues that most legal experts argue have no merit other than to delay the trial. >> a trial which by the way has no trial date and cannon has a delayed indefinitely at this point, i'd front now former trump white house attorney ty cobb. so tie when you look at this okay. so i mean, i don't know how do you see this. this

aileen cannon failing rule. she will not rule and once she does, if you will, favorably for comp, she's going to get reversed and spawn, right? >> so it's inner interests, not too and i misspoke today was the final day of hearings. right. and get rulings on them. so i saw this the other day on twitter. i wanted to see what you thought about this was a professor at george washington law school. so he was saying that it floating the idea that if cannon rules that the special accountant accounts was appointment is unconstitutional i know you're saying she probably won't world, but if she were to rule that that the steps from there might be a bit counter-intuitive. he was suggesting the doj should not appeal but should have the us attorney in florida refile the same charges and a new case hope that it gets assigned to a different judge, not cannon, who judge. and then the special counsel prosecutors, who have already been designated as special assistant us attorneys in florida for this case they stay on the new case

judge aileen cannon, she's on the classified documents case, what do you think of this , sam?eam to reveal how closely attorney general garland overseas their work. the judge said "there's a constitutional separation of powers concern" and she's asking how come jack smith's team cannot see this constitutional challenge? it's this. what do you think, sam? should taxpayers limitlessly un endingly fund jack smith for as long as jack smith wants? should taxpayers be okay with limitless and knowing that congress holds the purse strings judge aileen cannon is pushing on that saying wait a second. is this okay? >> no. i think she was absolutely right to ask those questions and then dig into the details. when i was a young lawyer, my grandfather taught me most things worth knowing, would say how does it actually work? what are the facts of the case? and she was drilling down on that, and what she got back was there is no supervision according to doj. jack smith is a law unto himself and think about how many times he's violated doj policy or done things that someone with some sort of j

because of that, judge aileen cannon who was appointed by trump back in 2020 is facing some criticism slow walking the case and seemingly delaying it past the november election but former u.s. attorney for the southern district of florida kendall coffey says the pace of the pretrial hearings is justified given the gravity of the counts of felony accounts the former president faces. >> a lot of unfair criticism is being lodged against a judge can end. the fact she is giving extra attention, extra time to these issues is a positive. and people forget about the fact that classified information procedures act is complex. >> according to our folks inside judge aileen cannon has been very engaged, she has been asking lots of questions on both sides. there on a break right now and we are expecting court to last several hours today going well into the late afternoon. >> harris: jeff paul we really appreciate you bringing us what is going on inside the courtroom. you said they are on a break so if anything happens the news warrants will come back to perry defense attorney rebecca rose woodland

. >>> also ahead new reporting on judge aileen cannon's refusal to recuse herself from donald trump's classified documents case despite recommendations to do so from two other federal judges. >>> and democrats are targeting a 150-year-old law in their latest effort to protect reproductive rights nationwide. >>> all right, good morning. welcome to "way too early" on this friday. thank god, friday. june 21st. i'm sam stein in for jonathan lemire. for the first time in months president biden has overtaken donald trump in national polling averages. according to the poll aggregate site, 538, biden took a 0.8% lead in the race yesterday. that is the first time biden has led at least since march, which is as far back as the website's tracker goes. the change comes after a series of recent polls showed biden narrowly ahead of trump though all the results were within the margin of error. there's new audio now of donald trump admitting he lost the 2020 election and then quickly reverting back to the big lie. comes from research from the new book "apprentice in wonderland" by ramin setoota. trum

federal judge aileen cannon if reportedly planning to hold a hearing on whether it was constitutionalnd valid in the first place to appoint special counsel jack smith. and have his office enacted. also, president biden at d-day ceremonies in france amid reports of disarray. he's not prepared to let ukraine join nato in a peace deal with russia. secretary blinken pushed for that. what's going on? we're going to tell you what's happening. all of this coming up on "the evening eded admit." we will be right back. we're talking about cashbackin. not a game. not a game! we're talking about cashbackin. we're talking about cashbackin. we're not talking about practice? no. we're talking about cashbackin. we're talking about cashbackin. we're talking about cashbackin. not a game! we've been talking about practice for too long. -word. -no practice. we're talking about cashbackin. we're talking about cashbackin. i mean, we're not talking about a game! cashback like a pro with chase freedom unlimited. how do you cashback? chase. make more of what's yours. craig here pays too much for verizon wirel

now the defense is trying to get judge aileen cannon to exclude it on the grounds that it should have been protected by attorney-client privilege. this is some of the most important evidence in the case with clear evidence of obstruction of justice including evan corcoran saying donald trump made a plucking motion as if to suggest he was removing documents under subpoena by the justice department. >> thank you so much, ken dilanian. okay, glen, if you're a prosecutor, how concerned are you by this evidence challenge? >> chris, i'm not concerned by the substance of any of these motions that have been filed by donald trump's attorneys. i think ken's overview gives us a sense of what the real problem is. motion after motion after motion is being filed. and there really is little basis, little evidentiary or legal basis for these motions. the problem is judge cannon is entertaining every one, ad nauseam, at length, and refusing to set a trial date and the problem becomes if you have no trial date, then you need not set any intermediate deadlines that must be met to resolve these motions a

district court judges. >> kimberly, to that point, the writing has long been on the wall about aileen cannon. from the first days we learned her name and learned anything about her. this week you've learned a lot more from new york times reporting revealing how cannon rejected suggestions to step aside from the classified documents case for the sake of balance and neutrality. the fact she was appointed by trump was going to cast a shadow over this from the get- go. what do you think of that? >> so that is a new data point in what we have been seeing in a lot of reporting, whether it is people who worked with her, attorneys who litigated before her. you can say, it can be any of these things. to the point that you said in these arguments today. you had friends of the court who were making their own arguments at the trial level. i cannot state enough how that is unheard of. usually you have that if you have an appeal of an issue of law that goes before a federal appellate court or the u.s. supreme court. trial motions don't have those and why she scheduled that is beyond me. it is almost a sig

district court judge aileen cannon on whether jack smith's, the special counsel's office, is illegal and unconstitutional. and more on the biden white house angrily canceling a meeting with israeli prime minister netanyahu. we have a new report we're going to take it on, senior democrats and biden aides are increasingly doubtful biden can win back the white house by betting that voters care more about their feelings about trump and not economic policies. that's a report from "axios." and we're going to speak with congressman jeff van drew from house judiciary about judiciary chair jim jordan threatening to subpoena new york a.g. letitia james for documents that jordan thinks will show biden's connections to the new york trump trial. plus, trump tells supporters in wisconsin he will toss out bidenomics and replace it with maganomics on day one if he gets reelected. and look at this, biden is spending literally tens of billions of dollars of your taxpayer money including in the swing states to try to stay in power. that's what a this report shows. we're going to take it on on "the even

yet this hearing comes to the new york times reports two federal judges urged judge aileen cannon to hand off the classified documents case but cannon, who was appointed by trump, wanted to keep the case and brushed off the requests according to that report, one of the judges need and the articles a silly i'll out an alga chief judge in the southern district of florida declined to comment to cnn, the new york times did not name the other judge now, joining me now to discuss cnn legal analyst, joey jackson, joy. great to see you. good morning. this is pretty unusual request to unusual to hear a quiet to dismiss a special counsel. >> it's with jimmy reason for aileen cannon and granting this hearing today. so i think that the ultimate and bottom-line good morning to you, mano was it has to be about public confidence, right? i think what occurs and we could seriously have an argument as to whether she's drag this out. slow roll this gone down rabbit holes entertained issues that should not be entertained, but ultimately at least if you're going to look at the special appointment and it's

that is how aileen cannon got this case notwithstanding the fact that she was involved in the earlier civil litigation challenging the search. let's go back to the conversations themselves. we do event have a lot of insight into how federal judges communicate with each other. it is cloaked in secrecy and by design. while federal judges sometimes will discuss their cases with one another or seek guidance from one another, the conversations hear are of a type that i've never seen reported before or even heard about in rumor before. that two federal judges called a colleague of theirs and suggested for different reasons that she give up the case sounds virtually unprecedented, and what's even more unprecedented, ana, is that we know about it. the fact that this has made "the new york times," is somewhat analogous to me to "politico's" reporting of the draft decision in dobbs or the reporting about the ways in which the court had agreed to hear the dobbs decision but hadn't formized that and made it public for several months because of the optics. somebody associated with that federal jud

>> well, judge aileen cannon has several things that she still has to decide an even hearings that she has to set what's coming up over the next couple of days. so she is looking at the constitutionalit y of the special counsel's office starting today, she'll also look at that on monday morning in the afternoon on monday, she's going to look at a request from prosecutors to limit donald trump's speech related to law enforcement involved in this case. so just department says he's really out there as spreading misleading information that could cause a lot of harassment. we've seen gag orders being placed on donald trump in the other cases the district attorney's office in new york, wolf is still fighting to keep a gag order on donald trump, even after his conviction there at trial in this case, we haven't crossed that bridge yet, so we're going to see how judge can reacts to it on monday and then tuesday even more arguments all relating back to you to his team's attempts to cut out parts of this case to get rid of evidence, and then all of this is coming as we await to see what happens w

aileen cannon decision to stay on this case? >> it's the new dimension to the criticism and scrutiny that she's faced. and she was randomly assigned this trial here, the new york times reporting that to more senior, more experienced judges or try to pass it off to someone else because she has scant trial experience. but she refused to do that. >> now, another reason they were urging her to pass it off is because the first time she got involved in this case early on, she got what we call ben slapped by the court of appeals saying that she didn't have the authority to do some things that she was doing related to the search warrant that was executed at mar-a-lago. >> now, since she has been overseeing this case, like i said, she's been under scrutiny, especially for all the things. she hasn't yet done. she currently has six motions to dismiss outstanding. there's still a question lingering about a possible gag order and there's no trial date. now, some people have also asked if some of her delay tactics are meant to help the former

it could go into judge aileen cannon, made pretty clear she didn't agree with that argument. she hasn't ruled yet, and even wow she may not be ruling in favor of trump's team. we still have to wait and see what she does. >> it didn't go exactly perfectly for the prosecutors either. >> she has had quite a lot of tension with them in many hearings. dressing down prosecutor david harbach yesterday in court several times, and then today at the very end of the hearing, he jumped up and wanted to point out to her that the defense team was trying to hijack the hearings. that was his words because he thought trump's team was trying to make accusations about the fbi that were too political and judge, can and shut it down immediately. she said these hearings are not being hijacked and we're going to conclude here. i have heard enough wolf. >> interesting, elie. it seems like trump's lawyers correct me if i'm wrong, are throwing everything at the wall and seeing what sticks so what will stick while, while they're throwing a lot of marginal arguments at the wall when it comes to this sea

unusual happened in a federal court and florida attorneys for former president trump asking judge aileen cannon to dismiss charges brought by special counsel jack smith in his classified documents case, arguing smith was unlawfully appointed in the case since having perez is live outside the courthouse in florida, evan, judge cannon, push back on some of the arguments raised by trump's legal team shouldn't rule on the case today. >> what exactly did she ask them? >> well, she pushed emil bove who is one of donald trump's attorneys to explain some of the charge language that he was using in federal court today. one of the things he said was that jack smith and the fact that he was appointed by merrick garland, the attorney general, that essentially with acting it's a shadow government and she called that language very ominous, ominous, and pushed him to sort of explain exactly where he was going with this. one of the things that the trump attorney is trying to do is besides he besides trying to push for the dismissal of the charges shorter that she's also asking for the judge to hold additional

but said in such a way that i there's no way that aileen cannon or aileen cannon did not realize what she was being told she was being told. you read healy need to let this one go. you need to let me a appoint somebody else to hear the case especially in the southern district of florida where there are innumerable people who have done national security cases that would have had this case over with before the first of this year. so i actually was there just curb down there at how what's happening. i can tell you that right now fascinating, harry, what do you make these arguments these judges used to try to persuade or to decline the case one judge saying there was no skiff, those secure facility at our courthouse to review the classified material, the chief judge saying it would be bad optics i mean, that's all that's not good it is not good. and the first one gym i actually take as a kind of a soft pedaling. here's a nice neutral reason. they didn't have to build a scif for millions of dollars and they might have i thought that would have succeeded to me that second call. i grew judge

so what does it mean was tempers fly and trump's classified documents case judge aileen cannon, hearing after hearing today, appearing skeptical of placing a gag order on the man who appointed are made her a judge in the first place and it is the most expensive democratic primary ever with aoc and bernie sanders putting everything on the line? save one of their own. >> but are the progressives turning off voters simply safe we designed the number one rated home security system powered by 24/7 professional monitoring for half the cost of traditional home security. >> so you stay safe for less than $1 a day. there's no safe like simply save 19 1978, we were the hottest pleasure palace in miami. nicole came or stopped or interesting jury stay let's play, find the dea agent at the bar, your brothers the biggest traffic or inlay me. we went our separate ways.' re-establish the connection you're gonna have to prove something. >> i remind you that you trying to keep the family together. >> i will come to learn a hard miami lesson. every pleasure has a price every time i need a new phone, i had

day of hearings in the trump classified documents case wrapped up just a short while ago, judge aileen cannon. now weighing whether to impose a gag order on donald trump as well as the challenge to the legitimacy of the special counsel, cnn senior justice correspondent evan perez, is just inside the courtroom and fourth piece, florida, just north of palm beach. evan did prosecutors make any headway on their push for a gag order on donald trump? >> certainly not any indication right now, will if that they're going to get this gag order from judge aileen cannon. she expressed certainly a lot of skepticism about some of the arguments that the government was making. prosecutors have come here because they say that some of the former president's inflammatory comments about that in 2022 search of mar-a-lago raised the possibility of danger to some of the fbi agents who carried out that search as some of whom could end up being witnesses in this case if it ever goes to trial and a cite some of his comments where he said that he was put in danger, that they could have they could have taken him out ke

. >> judge aileen cannon, and it's deciding whether she will issue a gag order for former president trump and his classified documents case. this one requested by prosecutors after trump falsely claim the fbi tried to kill him in the raid on his mar-a-lago resort well earlier today, trump's legal team tried to disqualify special counsel jack smith. again by arguing he shouldn't be paid with federal funds. let's get straight to cnn's evan perez having is there any indication at this point of how judge cannon might rule? i'm a gag order specifically well, it fill it just based on the arguments we just watched over the last hour. she's not inclined to grant this gag order from the former, but by the prosecutors on the former president, at least not yet. she's right now, this hearing is still ongoing. but she expressed a lot of skepticism about what the prosecutors are trying to sell and things got really got heated between prosecutor david harbach and judge aileen cannon at one point, she she told the prosecutor, i don't appreciate your tone and she said she wanted the quorum in her courtroo

those are the exact words from the trump-appointed judge, aileen cannon. she was scolding the prosecutor in the mar-a-lago classified documents case today, also today appearing skeptical about placing a gag order on former president trump in the case. a gag order that two other judges notably not appointed by trump had imposed on him and other cases. well, today is the second of three days of hearings. canada is calling for these hearings are on various issues. the basic legality of the special counsel's appointment is actually one of them that is a question that other courts have refused to even take up. this is all coming in a case the judge cannon has delayed indefinitely. there is no trial date and that has come much to the delight of donald trump out front. now, conservative lawyer george conway. so george just to start with this gag order hearing, as they pointed out, there is a gag order. in other cases. and again, today, judge aileen cannon refusing to impose one in this one, how significant is that? >> well, i think it's it's disturbing. i think i

another de and another delay by judge aileen cannon, the judge in donald trump's classified documents case, not ruling on a bid to declare special counsel jack smith's appointment unlawful canson cannon. >> also, i'm sorry. not saying when she expects to actually roll because of course, far from the first time, but cannon has kicked the can down the road in a case that has already been delayed indefinitely, there is no trial date. >> she is not decided on at least eight key issues it's outstanding. >> multiple motions, dismiss the case when the trial begins she has also cited with trump who appointed her to be a judge in the first place on removing key facts from his indictment out front. now, jeff swartz, he was a miami-dade county court judge, as well as a former prosecutor and criminal defense attorney. >> and jeff, i'm glad to see you again on this friday, so thank you. >> so look, when you add all of this together, right? you're having hearings on all kinds of things that would ordinarily not merit a hearing. and then when you have a hearing, you don't actually make a decision at

, aileen cannon personally advised her to step down from the classified documents this case last year, cnn senior crime and justice reporter katelyn polantz is closely following. >> it all in katelyn, i mean, judge cannon has known to take a drastically different approach at these hearings. now now this new reporting that is really highly unusual. >> i think it's fair to say it. what do we know? >> unusual from the start, omar, but today it is going to be a hearing in fort pierce. donald trump is not going to be there personally, but judge cannon is going to have a hearing in this case about how donald trump wants to challenge the validity, the power of the special counsel himself and his ability to bring this case against donald trump, which was charged a full year ago. it's going to be an odd hearing because she's also going to be hearing today from people that aren't even part of the case, just third party law professors, scholars, people that want to have a say before the judge so that's happening. you don't see that very often, if at all in criminal cases at the trial level

later two judges, not one, two judges urged aileen cannon not to take up trump's classified documentse. we will get into that new reporting. the 11th hour just getting underway on a thursday night. underway on a thursday night. ah, these bills are crazy. she has no idea she's sitting on a goldmine. well she doesn't know that if she owns a life insurance policy of $100,000 or more she can sell all or part of it to coventry for cash. even a term policy. even a term policy? even a term policy! find out if you're sitting on a goldmine. call coventry direct today at the number on your screen, or visit coventrydirect.com. - [narrator] life with ear ringing sounded like a constant train whistle i couldn't escape. then i started taking lipo flavonoid. with 60 years of clinical experience, it's the number one doctor recommended brand for ear ringing. and now i'm finally free. take back control with lipo flavonoid. >>> in just one week from now, president joe biden and former president donald trump will meet for the first time in four years. and we have new details on what the first debate will

prosecutors responded that even if the judge in this case, aileen cannon, ruled it would be unlawful,uld find funding elsewhere through the government. later in the day is when federal prosecutors will discuss a motion pushing for a limited gag order on former president trump. after the former president made comments that fbi agents were out to kill him and his family during a search of mar-a-lago in 2022. trump said in a fund-raising email that the fbi was "locked and loaded and ready to take me out." this statement is not only false but endangers the life of law enforcement. former deputy assistant attorney says the fbi released a statement saying as much that the language used in the search warrant for trump was pretty standard protocol. >> very similar if not identical language appeared in the search warrant at the fbi executed when they looked into president biden's home in delaware. i do not think it is accurate to suggest that the fbi came to mar-a-lago with the intent to assassinate president trump. i don't think that is accurate. >> standing by for any sort of decisions made

judge aileen cannon.he trump appointee has stymied the attempt to bring the case to trial at every turn. it is clear she is some combination of in the tank for the ex-president in over her head relative to her experience as a judge. "the new york times" supports if you win par, quote, shortly after judge cannon drew the assignment to oversee trump's classified document case, two more experienced colleagues on the federal bench in florida urged her to pass it up and handed off to another jurist. she wanted to keep the case and refuse the judge entreaties. mary served as a act on assert -- for national security. she cohosted the msnbc podcast prosecuting donald trump and she joins me now. i found this quite striking because we've had this discussion about this about mentorship, about trial experience, but the complexities of a trial like this versus a judge who has only done a few criminal trials. what was your reaction to this scoop? >> i thought of that very conversation because she sits in a courthouse a

and judge aileen cannon is giving is going further than just doing this hearing. she's also entertaining the arguments from a couple of outside groups, groups that have nothing to do with this case. including right-leaning, conservative legal group and a group on the left that is in support of jack smith's position. the argument here is that jack smith was unlawfully appointed as special counsel, that that merrick garland, the attorney general, exceeded its authority because jack smith is not someone who is confirmed by the senate. now, it is something that other defendants have have brought up before the supreme court has upheld the appointments of special counsels in the past. so we'll see how hello, how far along these arguments go before a judge cannon today. it's one of three hearings. we have in the next few days, jen, including one on a gag order it has been requested by the special counsel that is on monday, as well as an effort by the former president to toss evidence that he says was unlawfully taken from mar-a-lago in the search in 2022? >> and evan, i

defense the end the prosecution of donald trump by the handling over his classified documents, judge aileen cannons given mr. trump a partial win. judge cannon agreed to strike one incident from special counsel jack smith's indictment. the paragraph describing after he left the presidency trump allegedly showed a classified map of a foreign country to the representative of a political action committee while saying that an ongoing military operation in that country was not going well. trump allegedly admitted at the time he shouldn't be showing the map to someone without security clearance and told the person not to-look too closely at it. while the incident illustrates how allegedly cav clear trump was with classified information, prosecutors never charged trump with crimes involving sharing classified information, and now the judge has struck it from the indictment. joining me now is bradley moss, a national security attorney who routine lee represents federal officials and members of the military in matters pertaining to classified documents. bradley, how big of a deal is it for prosecutors that

. >>> coming up, trump appointee judge aileen cannon tosses out part of trump's indictment in the classified very orwellian messages being broadcast from your local news stations. that's next. your local news stations. that's next. i'm out of breath, and often out of the picture. but this is my story. ( ♪♪ ) and with once-daily trelegy, it can still be beautiful. because with 3 medicines in 1 inhaler, trelegy keeps my airways open for a full 24 hours and prevents future flare-ups. trelegy also improves lung function, so i can breathe more freely all day and night. trelegy won't replace a rescue inhaler for sudden breathing problems. tell your doctor if you have a heart condition or high blood pressure before taking it. do not take trelegy more than prescribed. trelegy may increase your risk of thrush, pneumonia, and osteoporosis. call your doctor if worsened breathing, chest pain, mouth or tongue swelling, problems urinating, vision changes, or eye pain occur. ♪ what a wonderful world ♪ [laughing] ask your doctor about once-daily trelegy for copd because breathing should be beautiful, all da

. >>> still to come the judge aileen cannon today held a closed door hearing in the classified documentse, and that hearing could have a huge impact on what's coming next. more on that coming up. pact on t more on that coming up (♪♪) (♪♪) try dietary supplements from voltaren, for healthy joints. only purple's gel flex grid passes the raw egg test. try no other mattress cradles your body and simultaneously supports your spine. memory foam doesn't come close. get your best sleep guaranteed. save up to $800 during our 4th of july sale. visit purple.com or a store near you >>> for the third straight day today, the federal judge overseeing donald trump's classified documents case, judge aileen cannon held another pretrial hearing that probably could have been better handled by e-mail. trump's lawyers wanted key evidence more than 100 classified documents found at mar-a-lago to be thrown out on the basis the fbi's search warrant was too broad and thereby improper. nbc news reports that judge cannon repeatedly questioned that argument suggesting it may not pass muster with her, but that was no

. >>> trump appointed judge aileen cannon giving procedural wins to former president donald trump.arties, also called friends of the court to weigh in publicly on if jack smith was lawfully appointed and she chose to delay really important trial related hearings without setting a new date. if canon is not dragging us out for his benefit, it will be hard to imagine a greater show of incompetence. joyce, i have to start with the espionage case as it is known. the idea that judge cannon is allowing lawyers and friends of the court to make oral arguments and a motion in open court is stunning to me. do you share that same sentiment? >> it is absolutely stunning. this is used pretty heavily in front of the supreme court and in the courts of appeal. very rarely in district courts. it is unprecedented to give them time to argue in the district court. that usually involves the government coming in with a case between private parties. this is like judge aileen cannon going out on the streets, come on in, tell me what you think about this issue. these are nonparties, they do not have a stake

. >> let's talk about judge aileen cannon in south florida.nother motion to dismiss. >> today's motion is about the mar-a-lago search. the argument that emil made this afternoon is that when the search warrant was executed, the application that the fbi made was improper. that it wasn't specific enough for example. didn't say which rooms they intended to search or what specific documents they were looking for. that it wasn't particular enough and on that ground, the case should be dismissed. he also says they deserve a second hearing called a frank's hearing, where they look at whether or not the agent's affidavit contained what he called intentionally and recklessly misleading omissions. for example, not reminding the magistrate judge who granted the warrant that president trump had the right to review the records that he was alleged to be in unlawful possession of while he was president. >> judge cannon wasn't having much of that. >> you also are interested in the order with which judge aileen cannon is hearing these motions. why is the order

. >>> judge aileen cannon continues to grind the classified documents case to a halt. and how special counsel jack smith is fighting back. l counsel jack smith is fighting back ng. since my fatigue and light-headedness would come and go, i figured it wasn't a big deal. then i saw my doctor and found out i have afib, and that means there's about a 5 times greater risk of stroke. symptoms like irregular heartbeat, heart racing, chest pain, shortness of breath, fatigue, or light- headedness can come and go. but if you have afib, the risk of stroke is always there. if you have one or more symptoms, get checked out. holding off on seeing a doctor won't change whether or not you have afib. but if you do, making that appointment can help you get ahead of stroke risk. contact a doctor and learn more at notimetowait.com when you smell the amazing scent of gain flings... time stops. (♪♪) and you realize you're in love... steve? with a laundry detergent. (♪♪) gain flings. seriously good scent. everybody wants super straight, super white teeth. they want that hollywood white smile

so, you know, aileen cannon really is out there on an island.ause she is willing to trash her reputation to delay this case for donald trump. either way, it's not a pretty picture. >> yeah. i mean, betsy, if she's on an island, she's on it with roger stone. here's what he believes she knows she's going to do. >> the president's trial in georgia, i think the judge is on the verge of dismissing the charges against him in florida. they're delayed in new york city and they're now delayed in washington. so it's not clear that they can have a trial before the election, which is the absolute key to be able to convince people that the reason we lost was cause of the trial. right now if they steal it, people will say, it's not possible. trump was leading in all the polls. they want to try him, suck up his money, suck up his time, and create a reason why their theft is plausible, believable. you see? >> so betsy, we don't know why roger stone, let me carefully quote him. quote, thinks the judge in florida is on the verge of dismissing the charges against

. >>> still to come, the judge aileen cannon held a closed- door hearing in the classified documentshuge impact on what happens next. more on that coming up. k toda get your free gutter inspection on your schedule and get leaffilter installed in as little as a few hours. you'll never have to clean out your gutters again, guaranteed. get leaf filter today. call 833 leaffilter or go to leaffilter.com as easy as 1, 2, 3 the promise of this nation should extend to all from new york to new mexico, from alaska to alabama. but right now, people like you are losing their freedoms. some in power are suppressing voting rights. banning our kids books from libraries and attacking our right to make private health care decisions. we must act now to defend these freedoms and protect our democracy. and we can't do it without you. we are the american civil liberties union, and we're asking you to join us in protecting our democracy at the national level and in communities like yours. call or go online to myaclu.org to become a guardian of liberty today. your gift of just $19 a month. only $0.63 a day

those comments come as another questionable hearing was happening in judge aileen cannon's courtroom. >>> also ahead what we're learning about president biden's debate strategy for dealing with two different versions of donald trump. >>> plus, a long legal battle between the united states and wikileaks founder julian assange peers to be coming to an end. we'll go through the plea deal that was announced overnight. good morning and welcome to "way too early" on this tuesday, june 25th. i'm jonathan lemire. thanks for starting your day with us. and we'll begin this morning at camp david where president joe biden is in the middle of intense preparations for this week's highly anticipated debate against donald trump. three people familiar with the biden campaign's plans tell nbc news the president is studying how to best get under trump's skin in order to trigger his opponent at thursday night's debate in atlanta. if trump comes out more disciplined than he usually is, sources say that biden's goal will be to bring out rally trump. one way biden may try to do that, these people say, is by

judge aileen cannon and the road not taken.ly the one road less traveled by and, boy, has it made all the difference. chewy, a citi client, uses citi's financial expertise to help drive its growth and keep its supply chain moving, so more pet parents can get everything they need... right when they need it. keeping more pets, and families, happy. ♪♪ for the love of moving our clients forward. for the love of progress. our biggest challenge? uncertainty. hidden fees, surcharges... who knows what to expect! turn shipping to your advantage. keep it simple...with clear, upfront pricing. with usps ground advantage®. ♪♪ if you spit blood when you brush, it could be the start of a domino effect. new parodontax active gum repair breath freshener. clinically proven to help reverse the four signs of early gum disease. a new toothpaste from parodontax, the gum experts. >>> the fact she doesn't deny most of these motions is silly. the fact trump can get a hearing on the flimsiest argument is shocking. the worst thing that could happen to he

but most of the day, at least a good portion of that early hearing, judge aileen cannon spent a lot ofime questioning trump's defense team and really almost seemed skeptic at times of her argument. now they say basically the search of mar-a-lago was unlawful on two main points. they say there was crucial information that wasn't given to the judge who signed off on the original search warrant and we're now getting new images out of court documents showing what agents found during that search. trump's defense also argued the search itself was impermissibly large and that fbi agents didn't have a clear grasp of what they were looking for at mar-a-lago. they accused fbi agents of taking pictures of rooms that were not permitted to be in like the first lady's room. but judge cannon challenged paper is something that can be found anywhere in the house. jack smith's team argued the search warrant covered the entire property because they knew the classified documents were there and that those documents had already been moved at least once. now on previous hearings trump's defense argued jack s

judge aileen cannon overseeing the day's arguments centered around the appointment of special counsel. trump's defense says doj regulations don't allow attorney general garland to appoint smith as counsel. therefore, the case should be thrown out. special counsel smith's team told the judge the argument doesn't hold water. >> this judge is allowing hearings where a lot of these judges have rejected positions on the patients. i think it's a credit to the judicial system. >> reporter: kendall coffee says with a former president nation 40 felony count, more time is deserved for pretrial issues, but the motion is seen by legal analysts as a long shot as self-courts previously have rejected near-identical a challenges. judge cannon was appointed by trump in 2020, her critics now accuse her of trying the stall the trial ahead of november's election. >> it's not at all a frivolous argument. and i think the rap on judge cannon is just ridiculous. this is a classified information case. they are very hard to get the trial. >> reporter: after several hours of legal arguments from both sides, it'

. >>> judge aileen cannon was first randomly assigned to first oversee donald trump's criminal trialver handling classified documents. and questions were repeatedly raised whether she was the right judge to handle it. there was the fact of her relative experience. she'd presided over four short routine cases, nothing close to the complexity of involving federal criminal charges against the president. since taking the case her rulings has sparked more questions by legal experts about the way she's overseeing it. now today a blockbuster. "the new york times" reporting indicates those legal experts are not alone. judge cannon's own colleagues expressed concern about her taking to the case. according to "the times" just after cannon drew the assignment two more experienced colleagues on the bench in florida urged her to pass it up and hand it off to another jurist. judge cannon refused, which leads us to where we are today with a case that has stalled indefinitely favoring donald trump's defense strategy of delay, delay, delay. joining me now msnbc legal correspondent lisa rubin. lisa, t

the trump appointed judge in that case, judge aileen cannon, signed an order inviting outside parties against the constitutionality of jack smith's appointment as special counsel. now it is crazy enough she is entertaining this at all, considering courts have decided over and over the lawfulness of appointments and she is a district court to us to follow precedent. now she is allowing random right-wingers to argue the appointment is unconstitutional and therefore she should throw out the indictment. mary mccord served as the acting assistant attorney general for the department of justice and is the cohost of the msnbc podcast, prosecuting donald trump, and she joins me now. when i saw this order being conceived i went around talking to people. i was like, amici at a district court hearing? i asked my wife who is a legal scholar. does this happen? she was like, no. everyone else was like i've never seen it. how common is this? >> it's not that uncommon to file an amicus brief in the court of appeals and sometimes an amicus brief in the district court. particularly novel issues. i would