let's bring in cnn's senior legal analyst and former federal prosecutor elie honig and chief politicallyst gloria borger. there are ten bullet points they lay out here, the president's action and as i said inaction in the subpoena summoning tens of thousands of supporters to washington, knowing they were angry and some armed, sending them to the capitol. they go on. your view of how they lay out the case as they send this subpoena? >> victor, this is an accusatory subpoena to be clear and reads quite like a prosecutorial closing argument. they used those bullet points to sum up the arguments they've been making over the past several months through the hearings. they basically get to the bottom line of this was all about you. people acted on your behalf. you lied to the american public. you lied to the courts. you spurred this on. one interesting detail i noted in this letter, the committee actually goes a bit further than they did even in the hearings. they say that while the january 6 attack was happening, when donald trump sent his infamous tweet at 2:24 p.m. attacking vice president

let's bring in senior analyst and former prosecutor elie honig. aces sentencing on friday. the six months near the top of the guidelines. do you think they'll get what they're asking for? >> well, they might well, ana, let me show you why, the crime he's convicted of is contempt of congress. that carries six months behind bars now it carries a minimum mandatory sentence of one month behind bars which makes it curious that bannon's lawyers just asked for probation. he cannot get probation, he has to get at least one month behind bars but in the federal system, you have to look at guidelines and what those are advisory ranges that the judge has to consult. the range is between one and six months. as prosecutors do, they're asking for the top of that range, six months. prosecutors are making the point to the judge, this is not just any contempt case, this is something that prosecutors wrote in the memo. quote, the rioters who overrode the capitol on january 6 didn't just attack the building they assaulted the rule of law by flouting a subpoena and its

that is something the justice department fought strongly again. >> let's bring in elie honig.nald trump's lawyers have asked the supreme court to intervene in this case of all the top secret and classified documents. why would his lawyers, why would team trump want the special master to be able to see the classified and top secret documents? >> well, first of all, they object to doj having those documents without special master first reviewing them for potential privilege. more to the point, as kara was just saying, this is part of the delay strategy. this is his only remaining move when it comes to the 100 classified documents. he lost in the court of appeals, the 11th circuit court of appeals. we are only talking a narrow slice. either he accepts the loss and the documents don't go to the special master and go right to doj, or to try to get the supreme court to take it. that's the course he is taking now. >> try to get the supreme court to take it. they don't have to grant the request to take this up. when we look at your court, what is your expectation if they do take this?

elie honig joining us, a former u.s. district attorney for the southern district of new york.ers up new insight. what did you glean from those revelations? >> erica, this new list shows us why donald trump asked for and why the district court, the trial level judge gave donald trump a special master. on the one extreme you have the classified documents, those are obviously documents with national security implications that donald trump, according to the court of appeals, has no personal interest in. these documents are on the other extreme. these are documents where donald trump may have a legitimate claim of attorney-client privilege or legitimate claim that these are personal documents. so what the district court judge said here is let's get a special master in, have the special master review these documents and decide whether donald trump does have some legal claim to these documents or not. it's worth noting doj has acknowledged that they seized 500 pages or so of documents that may be covered by a privilege. this gifs us much more detail into that. >> that's the one part.

former federal prosecutor eli honig is with us now to walk us through it.have now? >> this is the most aggressive subpoena i've ever seen. this one reads more like a prosecutor's closing argument. the committee writes to donald trump and all of us, quote, you personally orchestrated and oversaw a multipart effort to overturn the 2020 presidential election and to obstruct the peaceful transition of power. you knew this activity was illegal and unconstitutional. you knew it was illegal. the subpoena requires donald trump to do a couple things. first of all to produce documents by november 4th, which is next friday. the committee said we want your communications in particular with this group of the usual suspects, stone, bannon, flynn, eastman, clark, and rudy giuliani. and the subpoena then calls for donald trump to come and give deposition testimony on the 14th. that means they're not giving him an open mic, a camera, he's not testifying live. and then the committee says if you're going to invoke any privilege, fifth amendment or executive privilege, tell us

i want to talk to elie honig. he joins me now. elie, the testimony from pat cipollone and leffler, how significant could it be in the fulton county, georgia investigation? again, we don't know what they actually said, because cipollone obviously in other testimony has been very reluctant or concerned obviously about attorney/client privilege or executive privilege. >> that's exactly right, anderson. first of all, any time you have a former u.s. senator and a former white house council testifying in front of a criminal grand jury in a case focused on the former president, that is automatically a big deal. and i think cipollone is really the point of interest here. we do have some sense of what cipollone likely testified about, because as you said, he testified already in front of the january 6th committee. however, as you also noted, there were certain key questions that cipollone refused to answer under executive privilege. he would not talk about his one-on-one conversations with donald trump. and so to me, the big question is did

paul degala, mia love, elie honig and, of course ellison still here. things in a vacuum. or five weeks away from the midterm election. we talk about issues related to law enforcement, whole host of things comes up, whether it's the fbi in mar-a-lago, or conversations around mistrust or progressive prosecutors. what is soft on crime. it's all there. i wonder what your thoughts are on that? >> crime is an issue and in my party there are three approaches. one, let's defund the police, that's a disaster politically. we want to perform the place but the to form the defund the police is a catastrophe. to a lot of them are hiding, i want to talk about crime >> democrats? >> democrats my party. a third approach we just deal with it address it. i think democrats are better at it. former prosecutor is running for her life in nevada. she's running with endorsements from cops including the republican sheriff of washington county which is reno. joe biden has actually been quite at this. val demings of former police chief is running for senate. she was pretty strong

elie honig, thank you very much. appreciate it. >>>. >>> the white house isis responding when pressed about protests to iran in president biden's recently e elevated ton. >>> the calculated pressure campaign to keep gas prices down just in time for the midterm elections. stay with us. liz, you nerd, cough if you're in here! shh! i took mucinex dm for my phlegmy cough. what about rob's dry cough? works on that too, and lasts 12 hours. 12 hours?! who studies that long? mucinex dm relieves wet and dry coughs. ♪ i got into debt in college and, no matter how much i paid, it followed me everywhere. so i consolidated it into a low-rate personal loan from sofi. get a personal loan with no fees, low fixed rates, and borrow up to $100k. sofi. get your money right. is that glitter? this table is on its last leg. find just what you need at wayfair! you need this. you're kelly clarkson! a whole new look for a whole lot less. ♪ wayfair, you've got just what i need ♪ plain aspirin could be hurting your stomach. vazalore 325 liquid-

i want to discuss now with cnn legal analyst, elie honig. he is here. elie, good evening. twist and turn in these document saga, alex cannon, trump's attorney, pressed to say all the material were returned to the national archives. but then, refused. it turns out, there was still thousand more documents at mar-a-lago. trump knew that, and then, if that is the case, what does that mean? >> this is crucial evidence of donald trump's knowledge and intent. and these are key things that prosecutors look for. let's play this out. donald trump says to his lawyer, hey, i want you to tell the archives that we have now returned everything to them. this is after they returned that initial batch of 15 or so boxes. that is false. we know that's false. we know there were not just a few documents scattered around mar-a-lago, but thousands of documents left. and then, trump's lawyer responds by saying, i can't or i won't do that. now, the only reason a lawyer would say that is because the lawyer knows their respects. it's not true. lawyers cannot lie to investigators. so, at that point, d

had attorney for the southern district of new york elie honig.ds, this is, quote, a waving red flag. why? >> yeah, poppy, we're seeing a pattern here which is donald trump repeatedly has made statements or claims publicly that his lawyers have been refused to repeat in court. or to investigators, and the reason for that, poppy, as you know, as a lawyer, you are not ethically permitted to knowingly make a false statement. yes, you have a duty to aggressively defend your client but know you cannot officially go to court, certainly, investigators, that would be a crime, and make a false statement. so we can piece together what happened here and it's important to go to donald trump's knowledge and intent. trump says to his lawyers, tell the archives this is everything. and the lawyers says, no, i can't do that or won't do that. that should put trump on notice this is wrong. i think doj is going to have a real interest in that. >> what about how it plays into the intent argument? i mean, that'sty crux of this. was it an honest mistake to take all of t

elie honig, thank you very much.nting new evidence to a jury that oath keepers founder stewart rhodes called for a, quote, bloody war to keep then-president trump in office after his 2020 election defeat. rhodes along with four other members of the far right militia group are on trial for sedition for their alleged roles in the deadly capitol attack. and we have more. >> reporter: stuart rhodes, leader of the oath keepers, was the focus of friday's testimony in the seditious conspiracy trial. prosecutors presented letters they say he wrote to then-president donald trump in december, 2020. the chilling words addressed directly to the former president read, "war isn't coming. war is already here. strike now. if you fail to act while you are still in office, we the people will have to fight." the letter, written around the same time rhodes appeared at the so-called jericho march in d.c. in december, 2020. >> does not do it now while he is commander in chief, we're going to have to do it ourselves later in a much more de

with us now is cnn senior legal analyst elie honig. this is an odd case. what do prosecutors have to prove here? what are you watching for? >> this is a criminal trial but this is not your typical criminal trial because there is no person, there is no human being on trial here. the defendant is the trump organization as a corporate entity. what that means is nobody will go to jail as a result of this verdict. at most, we could see financial penalties. the allegation here is that the trump organization ran a tax fraud scheme for about 16 years from 2005 to 2021. during which they paid what the indictment calls indirect compensation meaning rather than pay their employees a portion of their salary, they would pay it indirectly as tuition to the kids' schools or as rent payments and then not pay taxes on those forms of income and the total amount alleged is $1.76 million. so what am i watching for, ana? really two things. first of all, will the evidence here show any involvement by any of the actual officers of the trump organization, donald trump himself, er

attorney for the southern district of new york, cnn senior legal analyst elie honig. ie, you know, they used to say, the cruelty is the point with some of the policies of the trump administration. it seems to me, delays are the point when it comes to trump's legal playbook. it's just to drag it out in court as long as possible. i could see him trying to go back and forth with the committee over how to conduct, you know, some kind of deposition or offer testimony to the committee, and that this would go back and forth, until essentially, time has run out. what do you think in is? >> jim, the timing of this will become a factor here. this was clearly very late in the game. this was quite literally the very last thing that the committee did at its very last hearing was voting to issue a espn to donald trump, and as a result, they have hamstrung their own ability at the committee to enforce this subpoena, if and when, as appears likely, it's a little hard to understand what trump's saying in that rambling missive, but it seems he's unlikely to testify. usually what the com

elie honig is with us. i want to bring up seditious conspiracy.ut down, or to destroy by force the government of the united states or to delay the execution of any law -- the last part is significant as well -- not in 50 years has this charge been brought into a federal courtroom. how significant is this trial among all the january 6th trials? >> yeah, john. what make this trial different than the other charges brought by doj against rioters, this involves seditious conspiracy. this is a rarely used statute and it's very serious. essentially what the prosecutors will to show is conspiracy, an agreement between two or more people, two, the use of force, and, three, not to interrupt just any proceeding but interrupt the government. that's downtowning of the electoral votes by congress. >> i want to walk through the beginning. the defense here is provocative. you tell me whether you think it's outrageous or not. stewart rhodes in a pretrial motion argued they expected president biden to vote for the insurrection act. the government would like this co

. >> elie honig, former president trump got a blow today from the secret service in the mar-a-lago investigation, a separate investigation. they rejected his emergency request. where do things go from here? >> wolf, this was a definitive loss for donald trump. the supreme court refused to even consider the case relating to those classified documents, the 100 or so classified documents that the fbi seized at mar-a-lago. that means those classified documents do not have to go through the special master review. that means doj can access those documents, use them right now in their criminal investigation and in their national security investigation. so definitely a setback for donald trump today. >> very much of a setback indeed. jamie, the select committee revealed today more details will be emerging when the committee wraps up their investigation, issues their final report including evidence of potential obstruction. what else are you learning? >> first of all, we have to see whether the committee -- i think my reporting is that it is likely to happen, that there will be criminal referrals, plural

joining us now, elie honig. gloria borger and our crime and justice reporter. elie, how much danger could trump be in as a result of this? >> well, wolf, any way you look at this, this is really bad news for donald trump. here we have a federal judge making a finding that these e-mails are evidence that donald trump and john eastman together were part of a likely criminal conspiracy. and if you look at the ruling here, what's really important to me is the judge is very careful. he doesn't just make a blanket ruling. he goes through all of those e-mails and sffinds a lot are privilege, but the eight key e-mails show two things. one, that trump's real intent was not to file a lawsuit but to delay the january 6 count and two, that donald trump new the information was false. that in itself is potentially a crime. that's crucial evidence of his intent. the january 6 committee will have these e-mails and if they don't have it yet, prosecutors may well get them as well. >> good point. gloria, just how important could this evidence be to the january 6th committee? >> fi

joining me is elie honig, a cnn legal analyst and former assistant u.s.ntly believes still that the 2020 election was stolen. what exactly do you think the committee is looking to hear from her? >> well, there are so many different areas ginni thomas was involved in. by her own words, she is a confself confessed election denier, a well connected conspiracy theorist. the most interesting thing is she was in text contacts with mark meadows about the efforts to overturn the election. two, we have emails and texts showing ginni thomas pressuring state officials in wisconsin and arizona to try to overturn their electoral votes. if i'm questions ginni thomas, that's where i will go. representative bennie thompson said she answered, quote, some questions during her interview. we could see video of her testimony in the next hearing, whenever that gets rescheduled. >> and, obviously, the optics much this doesn't sit well with a lot of people. you have the wife of a supreme court justice, a well known conservative activist who communicated with the executive branch

. >> elie honig, good to see you, my friend.be you first heard the rally cry, "stop the steal in 2020" now that message is shifting. the new message from extreme right-wing groups, "watch the polls." we will take a look at the intimidation factor just ahead of the mid terms. ♪ the only thing i regret about my life was hiring local talent. if i knew about upwork. i uld have hired actually talented people from all over the world. inead of talentless people from all over my house. ...years faster than our initial projections. when you see things differently, you can be the difference. capella university sees education differently. our flexpath learning format lets you earn your bachelor's degree at your pace. age-related macular degeneration may lead to severe vision loss. and if you're taking a multivitamin alone, you may be missing a critical piece. preservision. preservision areds 2 contains the only clinically proven nutrient formula recommended by the national eye institute to help reduce the risk of moderate to advanced amd p

joining me now is elie honig and former assistant u.s. attorney for the southern district of new york. great to see you. sos tht argument that the january 6 committee had been making but now you have a judge citing what he said are facts via emails and you noted one of the most important things in the filing from judge carter was that president trump new alleged voter fraud claims were wrong. why did that stand out. >> that is right. one of the presentation is donald trump knew. here is the all of the people told him he lost. how many people did we we see testify about that. that is one of the main points. and now we see a judge not just concluding that donald trump knew but describing mails that the judge has said these have to go over to the chitty. in the opinion, the judge doesn't show the emails but describes them and said these emails demonstrate that donald trump knew that his claims of voter fraud was false. so prosecutors could get them quickly if they don't have them already. that is a crucial evidence as to a state of mind. >>

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cnn's senior analyst, elie honig is joining us and the former fbi deputy director, andrew mccabe is withoes today's move by justice thomas tell you anything about whether senator graham will have to face questions in georgia? >> well, wolf, this is a very temporary reprieve for graham. this is what we call an administrative day which means justice thomas has just said the ruling below, which said graham has to testify, that's on hold while the supreme court decides whether or not they'll take the case. as sarah said, that will happen quickly. we should know by the end of this week so it's a temporary reprieve. the bigger question is will the supreme court in fact take the case. it does happen sometimes that justices issue an administrative stay like this, but the supreme court then says we're not taking it. the ruling below stands in which graham would have to testify. >> andrew, let's turn to the trump organization criminal trial in new york. the former president isn't a defendant, but what's at stake for trump's reputation and his business? >> well, you know i think provisionally, wolf

former federal prosecutor elie honig. first on the subpoena september to former president trump. the committee is looking for a huge range of documents, including, and these are just some of them. communications with any member of congress, michael flynn, steve bannon, rudy giuliani, and so on and so forth. what options does donald trump have at this point? >> reporter: well, sara, the next move is donald trump's. he has three options. he can comply. the subpoena says turn them on over by november 4th and testify at a deposition on november 14th. he can choose to do that. second, donald trump and his team, they can try to negotiate with the committee. that happens all the time in the real world of subpoenas, will testify as to this topic but not that topic. and third, probably most likely, trump can defy the subpoena and say, no, i'm not coming in. you have to make me do it. the committee will then have a decision to make. do they go to court and get an order from a judge? probably not. that will take more time. do they send over for potential prosecution by doj as we have seen w

. >>> joining us now to discuss cnn's senior legal analyst elie honig, and stephanie grisham, white house press secretary in the trump administration. good to see you both this afternoon. elie, i found it interesting, you wrote today the committee has done its job, the question now is whether the justice department will do the same. does all the focus now shift at this point? >> i think it does, erica, for people who are concerned with actual serious consequences for the people behind this coup attempt. look, the committee in the big view to me did a remarkable job. i think better than expected in introducing all sorts of new evidence, things we didn't know about if you think back to the first impeachment back in early 2021. they gave us new testimony, new documents, really incriminating compelling materials. doj now has all of those documents. and the committee's work is basically done now. they may issue a criminal referral, but ultimately that doesn't really have any legally binding impact, will issue a report, but if people want to sequences beyond paper, beyond reports, beyond findin

let's bring in our senior legal analyst, elie honig right now. trump's as we just heard, infamous call with the georgia secretary of state asking him to quote, find votes. how crucial is his testimony? it doesn't get any more important than mark meadows when it comes to witnesses. not only is he on the call, but he initiates it. he says i have the president here, i have secretary raffensperger here. i would want to know all about what conversations happened before that call and after. he was by trump's side throughout the weeks and days leading up to january 6th. >> they're trying to appeal the decision. could he try and hide behind executive privilege? >> he can and he has, but i don't think he'll succeed. i think both of his arkguments will fail. he's arguing because i live in south carolina, they can't force me to testify in the georgia special grand jury. that was rejected by the trial court judge. others have tried it and lost and with respect to executive privilege, wolf, it wouldn't apply to conversations if they had to do with wrong doing

. >> cnn senior legal analyst elie honig joins us and china governor, jeff duncan, is back with us alongrmer congressman, mia love. congresswoman i know you have exchange with kevin mccarthy today, i believe. what did he say? >> he said it is true. that when he called the president of the president did not know. and i remember, actually, jimmy herrera butler. or congresswoman jamie herrera beutler saying she overheard the conversation. it got pretty heated. where mccarthy said. who the f do you think you are? >> i believe that the president was watching tv because that is what he did. he would watch tv and he would watch all of these things. it is not hard for me to think that the president actually did not tell mccarthy the truth. but say i don't know, i don't know what is going on. . are you saying that mccarthy believed what trump had to say. and then relayed that to ryan suffolk's mother. that the president was not watching television. was there anyone in the world was not watching what is going on on january 6th? did he say that today? that he thought that those accurate? >> he was

i also want to bring in cnn senior legal analyst elie honig.t how useful could cassidy hutchinson's cooperation be in the georgia probe? >> well, wolf, cassidy hutchinson's testimony is indispensable to telling the story of efforts to steal the election. it was not specifically georgia oriented but however she testified for about two hours. keep in mind, prosecutors in the grand jury have as much time as they need with cassidy hutchinson and my focus would be on her former boss, mark meadows. he was on the phone call that donald trump placed down to brad raffensperger and i would try to use her testimony to pressure mark meadows to coming in and coming clean as well. >> we know that fulton county georgia district attorney is aiming to wrap up the probe there just after the midterm elections coming up in the end of november. could hutchinson's testimony be one of the final pieces of this investigation? >> yeah. the district attorney, she wanted to be done calling witnesses by the end of the year. sources have told us she wants to wrap it up and

and elie honig. and phil mud. ryan, let's just start with the standoff underway between trump and the committee. how do you see this playing out? >> so i think one way it could play out is that trump actually does decide that this is a stage that he wants and he shows up. and he uses it in a certain sense as theater. i do think that's a possibility. people shouldn't underestimate. and the other one is litigation where he tries to fight it. >> but i think he has a losing hand in terms of the law as we just saw with steve bannon in a certain sense. but he has the clock. and i don't think this is going to end up with something like a criminal contempt resolution from congress necessarily. there's just really not enough time. >> elliott, it's interesting that you can't underestimate the possibility that trump will want to do this, that he will want this platform, that he will want to turn this into a spectacle of his own making. and committee member zoe lofgren said they could be open to having live public testimony f

elie honig is with me now, former assistant u.s. attorney of the southern district of new york.he documents that were taken. that's because there was a filter team, sorting through the documents. they have till monday to return them. what do you read into all this? >> we have proof of life for the first time. we are seeing the special master do what the special master is supposed to do, which is filter through the documents. between all the arguments and the appeals, there's an awful lot they agree on. first of all, both parties agree that some of these documents, many of them should stay with the justice department that trump doesn't have an objection to doj holding onto those documents. but there's another category of documents also important that both parties agree they should go back to trump. and donald trump is going to use that moving forward. he'll say they took my personal stuff. and this is why, by the way, we needed a special master in the first place. >> right. so here's the thing. it's been two months since the search. and here we are now we're finally getting a let

love with my wife lissa muscatine and you with us this evening is attorney and legal commentator elie honig to talk about his new book "hatchet man: how bill barr broke the prosecutor's code and corrupted the justice department." period couple of brief housekeeping notes first though. to pose a question at any time just click on the q&a icon at the bottom of the screen. in the chat column you'll find a link for purchasing copies of "hatchet man." now, , the key thing to know abt elie, the aspect of his background is the highlights in his book is his experience as a prosecutor. he served 14 years as one, first at the federal level in the southern district of new york from 2004-2012, and at the state level in the new jersey division of criminal justice from 2012-2016. he states he says is a served as a legal analyst for cnn, hosts a podcast and he works a special counsel at a law firm, advising on investigations and trial strategy. but it's his time as a prosecutor that he draws on for his book using stories from that time to highlight lessons he learned about the norms and principles of law

honig into the conversation. our reporter is here as well. eliee documents were these, and trump and his allies saying the gsa packed the boxes, the gsa did this. but then you have the visual proof that no, these were actually packed up by the trump transition aides. it's a boring email but very important when you talk about who did what, right? >> yeah, john, it's crucial because it goes to the heart of knowledge. this is something that prosecutors are looking at. if in fact it was the case that gsa packed up the documents and transported them without knowing what went down to mar-a-lago that would be a significant point in defense of donald trump and the people around him. but, of course, that turns out that is not the case as kristen just reported there are documents showing that these documents were packed by people around donald trump. and, frankly, donald trump as ab acknowledged such in his statement. and he acknowledged that they were moved to mar-a-lago pipe guarantee prosecutors are paying attention to it. >> well, prosecutors are page a