our chief law enforcement and intelligence analyst john miller. john, that was helpful to dissect what's important about this. can you speak to why this particular document about a potential attack on iran is so crucial? >> two reasons. he is not charged with disseminating classified information. he is charged with i will healy possessing information about the national defense. a lot of documents were found and they are about a lot of different things. if you have one recorded on tape where he is talking about possessing it and showing it to people without clearances a contingency plan developed by the joint chiefs of staff to attack iran if it came to that is about as purely national defense information as you can get. it's not an analysis of the political economic situation in maldova. it's a document about the u.s. defense and leaking that information, sharing that information -- >> joking about it. >> joking about it. giving it to someone who might put it in a book. discussing the idea can we hand this document over in the loose lips sink ships

john miller, jennifer rodgers, thank you both for being with us.s still happening, and still the motorcade is still headed towards the newark airport right now, and headed to the historic moment where the former president will face federal charges and the first time it has happened in u.s. history, and we will be right back. lactctaid is 100% real milk, just without the lactose. delicious too. just ask my old friend, kevin. nothing li enjoying a cold one while watching the game. we are, my frid. were. ♪ neither snowcapped mountains, nor puddles of water, nor unexpected detours with a 20 foot drainage pipe, can stop the ruggedly capable telluride x-pro from getting you to your dinner reservation on time. okay! ♪ kia. movement that inspires (dog barking) we love our pets. but we don't always love their hair. which is why we made bounce pet hair and lint guard with three times the pet hair fighting ingredients. just one sheet helps remove pet hair from your clothes! looking good starts in the dryer with bounce pet. not flossing well? then add the whoa

and on that i want to bring in john miller, to talk about the secret service meeting with staff this,ning and beginning security planning for the former presidents indictment. so john miller, before we talk about the security, i should also say you are cnn's intelligence analyst and cnn chief law enforcement analyst. on the charges first, john, what is your take away from what little really that we know so far? >> well, we know it's a seven count indictment. we are told that there is a conspiracy count there. that is particularly important, because a conspiracy count means that the person charged in the case conspired with another. that could suggest, avenue as we discussed a minute ago, that someone else could be charged. or it could be suggest that someone else -- he's going to testify. that they conspired with the former president to obstruct justice, by moving hiding or otherwise shifting these documents around to avoid discovery. you know, the most likely charge we are looking at here is title 18, u.s. code section 1924. because it speaks to the actual mechanics and component pie

why, in my view, he's kept them. >> joining us now, cnn senior political analyst, john avalon, john miller, we are joined by rolling stone columnist ej mickelson, and new york republican surrogate joe pinion. great to have all of you. okay, john, i think kristi is enjoying this unplugged moment that he is having right now. he is speaking his mind about particularly donald trump. we'll get to what he says about desantis in a second. what do you think about what christie is doing, and is it effective in helping him move up in the polls? >> i think authenticity is what voters respond to, and you clearly, the unplugged moment, is him able to tell the truth, and the problem with republicans right now is that they try to tiptoe around donald trump for fear of offending him or some part of the base, and when you are liberated from that, to tell the truth about position of knowledge, i think that has a compelling cameras around it. it's one of the reasons i think christie should not be written off as a candidate who is going to soften him up. i think the town hall the other day, he reminded people

joining us now is john miller cnn chief law enforcement and intelligence analyst.esterday's indictment. tell us about this process. who was involved, what are they doing? >> so this is going to be similar to what we saw in new york, but the key difference is what we saw in new york city when donald trump, former president, was indicted and in this unprecedented charge, you know, several weeks ago was a police department that had 36,000 officers, hundreds to throw at it, thousands to have on stand by and a good deal of time to plan. the turnaround time here is much shorter, this is the miami city pd, that's 1,100 officers, metro dade which is the county police, that's 2,400 officers. so they're going to have to work with the secret service who will be responsible for the security of donald trump as a former president, which is always unusual when the person you're securing is also the suspect in a criminal matter. the city police and the county will handle the traffic, crowds and getting him into that courthouse. once inside, the security is the bastion of the unite

and on that, i want to bring in john miller to talk about the secret service, meeting with staff thisng, beginning security planning for the former president's indictment. so, before we talk about security, i should also say, you are cnn's intelligence analyst and cnn chief law enforcement analyst. on the charges first, john, what is your takeaway from the little, really, that we know so far? >> well, we know it's a seven-count indictment, we are told there's a conspiracy count there, that is particularly important, because a conspiracy count means that the person charged in the case conspired with another. that could suggest, as was discussed a minute ago, that someone else could be charged, or it could suggest that someone else is going to testify that they conspired with the former president to obstruct justice by moving, hiding, or otherwise shifting these documents around to avoid discovery. you know, the most likely charge we're looking at here is title 18, u.s. code section 1924, because it speaks to the actual mechanics and component pieces of the investigation. it's about any

i want to bring in a cnn chief -- i'm sorry, john miller. us about the indictment. >> so we are told by a source familiar with the process of this investigation that he has been indicted on a charge of manslaughter in the second degree. under new york state law, daniel penny being charged with manslaughter in the second degree, a 24-year-old former marine sergeant, would have allegedly caused the death of another recklessly, which means under that charge, he didn't have to intend to kill jordan neely, the homeless individual, a 30-year-old man who was well known in the new york city subway system. it's just a charge that says he should have known that his actions could lead to neely's death. so that is what he's been charged with. we expect an announcement from manhattan district attorney alvin bragg sometime tomorrow. >> and john, this case reignited conversations about how cities deal with the homeless, especially people who are mentally ill and also homeless. >> well, this case caused a firestorm. you know, you had camps developing from p

. >> john miller is back and we're joined by joe michaelson. great to have all of you. i think christie is enjoying this unplugged moment that he's having right now. he is just speaking his mind about, particularly about donald trump. we'll get to what he says about desantis in a second. what do you think about what christie is doing and will it be effective? >> i think authenticity is what voters respond to. and the unplugged moment is him able to tell the truth. and the problem with so many republicans right now is they try to tiptoe around donald trump, for fear of fending him or the base. when you're liberated to the truth, i think that has a compelling charisma. that's one of the reasons that christie should not be written off as a candidate who is going to soften him up. the town hall the other day on cnn showed, reminded people, he has uncommon political talents. >> do you see that as a republican, joe? >> this is a man that ever major donor in the country begged to run for president in 2012. if he had, he would have won. the unforced reality for chris christie i

cnn chief law enforcement analyst john miller is here. you have sources everywhere. how do they feel right now? at 9:00, 10:00, this morning. where do things stand? >> miami d.p. is very confident they have what they need in terms of personnel and the help from other agencies. there's been a little tension in the background between the secret service and the local authorities. the secret service knows there's demonstrators and a cloud there. they like to have that locked down with barriers. but the miami p.d. says we have adequate personnel. there doesn't appear to be a giant threat to the former president from trump supporters who are coming to support him. they're confident of the perimeter. they're going to shut down two blocks around the courthouse. the former president's motorcade is going to go under the building and into a garage. he will be brought up a freight elevator, the elevator that you can get from the garage. and that has enough room for the entire crew of people that will be moving with him in terms of secret service, fbi and so on. the fbi will arre

joining me -- cnn chief law enforcement and intelligence analyst, john miller. t with you. there's a lot of emotion about this case, but what about the process. now that daniel penny has been indicted, second degree manslaughter, what next? >> the process is a flash point in this case. the family of jordan neely wanted to know, why wasn't he arrested that night? the answer came from prosecutors who said, we need more information. they wanted to hear the 911 calls. they want to talk to the passengers on the train, ask them if they felt threatened. and finally on may 12th, they ordered his arrest, began that grand jury presentation, and obtained this indictment today. it will be announced tomorrow. >> so, joey, sources telling us the indictment is for second degree manslaughter charges. walk us through the specifics. why second degree manslaughter? what's the bar for prosecutors to prove that as opposed to, say, something else? >> yeah, john, i think there's two. one is the second degree manslaughter. the other being the negligent homicide. what's the distinction?

this is so unprecedented. >> john miller has the doj marshal service booking form.re you suicidal, violent criminal record, escape risk, all of these details. >> the irony is that this is this is the southern district of florida, but the marshal is appointed by president trump. when he was in office and is still there. so you're basically booking somebody that appointed you to the job. the concern was the leak, but there are plenty of pictures of donald trump. they will upload one into the system, so it won't be blank. dna is taken from all formal arrestees. >> but not in this case. >> i get the leaking of the mug shot. is the dna some national security thing with the missile codes if he got reelect ed that there's an identification factor, just a court see, do they already have it on file? but for the most part, he will go through the process that feels like he's being booked like a regular prisoner. the marshal is not arresting him. he's just facilitating the booking process for the sole reason the former president doesn't have to be brought to the local fbi offic

let's talk to john miller and shimon prokupecz.et's start with shimon who is outside the federal courthouse in miami. shimon, just a short while ago, francis suarez and law enforcement gave updates on security preparations. we were talking to national security experts here in studio who were shocked at what you were showing in terms of the lack of barricades and just the police tape there given what we saw january 6th, 2021, did these miami experts give any specifics on what they're going to do if anything gets out of control? >> no, not really, jake. they basically just say that we're ready. the miami-dade county officials w we saw them a short time ago, they're asking us where we're hearing information that there's legit concern from law enforcement officials about the number of people who are going to show up here. it's not just because are going to show up here. it's the fact that they're concerned that people who are going to show up here are going to try to start some kind of trouble like we saw on january 6th. and the feelin

. >> let's change in our chief legal analyst laura coats, elie honig and john miller. >> you may haven john in the inception level before we introduced him jumping in on the rooster and the team thing. that was him. >> that was john. the one and only. >> he observes them. >> he knows who he is. >> so shall we start? >> we shall. >> where do you want to begin? >> i think we are at a very pivotal moment here because it's, you know, it's an indictment, but it's the second indictment and there is a third indictment that's supposed to be coming out of georgia possibly if the grand jury so votes. but this is a pivotal moment because right now there is a player in here which is judge cannon, who can exert a lot of control over this or a little control that can really influence it. if judge cannon decides to fast track this case, decisions on motions and so on, this is the kind of thing that can be defining in the series of cases. and that is interesting because of judge cannon's past with this case. if -- and this has to happen at some point, which is the judge in florida has to pick up the

our leave law enforcement and intelligence analyst john miller. good morning.on't remember the specifics, i was one among them of this case, huge. and just talk about the significance of this. >> well, i mean, if you go through the pantheon of leakers and traders, robert hanssen is set apart from the rest. it's not just that he leaked documents, which puts him in the edward snowden class or others. he leaked names. and these were names of active soviet agents who were working for the united states inside the kgb. these were people like martinov who were executed. a soviet general in prison. others were questioned and tortured and disappeared. the damage to the united states intelligence collection efforts and then the human toll was unparalleled. >> why did it take him so long, unlike poppy, i -- i have been so fascinated. the books, the movies, everything. >> is in your backyard. >> close to where i live. i try to find bags of cash, as we were talking about. why did it take so long to find him and what broke the case? >> hanssen was interesting because if you

caitlin, let's bring back harry lippman and elie honig and john miller.re they don't have that document? >> yeah, i think as a prosecutor you do have to -- show the jury. here is what he is talking about. but even if they don't have, it this recording is still completely relevant and i think admissible and i think really important because it shows exactly what donald trump's intent was and it shows why donald trump kept these documents and what he actually did with them so you want the document but even if you don't have it as a prosecutor is still valuable. >> eric? >> there is a couple of uses of the document in addition and you can try very hard to go for the home run but i think smith is smart enough not to do that. but what a minimum here's what you can do with that document. first, it totally puts the lie to his various defenses about how he classified everything when he left, he realizes he doesn't have that power. second, it is one of what? a dozen shifting explanations by trump of his reasons. that in and of itself, you know, two days ago he tell

john miller, cnn's chief law enforcement and intelligence analyst joins me now. ickly prosecutors came forward with charges here, within 24 hours, what does that tell you about the circumstances of the shooting? >> well, i think what it tells us is that the video told the story which is when you watch that video as a police professional what you're asking yourself is where is the attempt to deescalate the situation? where is the attempt to slow down the action here? if anything, it seems that their encounter with -- with melissa ann perez is speeding things up and increasing the intensity. the real -- the real wild card here is that there's two police officers there who get the call but they are accompanied by a sergeant and it's really the supervisor's job, jim, to take control of the thing and say she's fled into the house, you know, we've displayed weapons, she has said "shoot me" she's clearly mentally imbalanced let's call in the crisis negotiation team and get containment but none of that happened. it went to gunfire very quickly and i think that's why the c

cnn's john miller shares the byline on this one. has been working his sources until three seconds ago on the phone while i was talking here. john, what you learning right now? >> so we're learning that the individual, taylor toronto, is somebody who was on the radar, first from the january 6th case, but then live streaming at various locations in washington. and according to the u.s. capitol police, these live streams included numerous threats to members of congress and other government officials. so they put out a be on the lookout flyer, you know, for police, d.c. metro police, secret service uniformed division, and secret service uniformed division while on patrol in kalorama, which is the neighborhood where the obamas live now, spotted the individual, identified him, stopped him. he was not far from the van, which apparently he has also been living out of since he has been in washington, it appears. they looked in the van. they called for their bomb squad people. washington metro's eod came. and what they found was the materials

cnn's john miller shares the byline on this one. lly, until three seconds ago on the phone while i was talking here. john, what are you learning right now? >> so we are learning that the individual, taylor toronto, is somebody who was on the radar, first for the january 6th case, then livestreaming at various locations in washington. according to the u.s. capitol police, these live streams included numerous threats to members of congress and other government officials. they put out a beyond the look out flyer for d. c. metro police -- the secret service uniform division, secret service uniform division while on patrol in the neighborhood where the obamas live now, spotted the individual identified him, stopped, him he was not far from the van, which apparently he has also been living out of since he's been in washington, it appears. they looked in the van, they call their bombs got people, the washington metro emoji came. what they found was the materials to make molotov cocktails, numerous empty bottles, rags, the fuel, weapons, fir

john miller, thank you.n more than 130 years that prince harry did in a courtroom today. ♪ ♪ ♪ [typing] ♪ you were made to act spontaneously. we were made to help plan accordingly. ♪ we moved out of the city so our little sophie could appreciate nature. but then he got us t-mobile home internet. i was just trying to improve our signal, so some of the trees had to go. i might've taken it a step too far. (chainsaw revs) (tree crashes) (chainsaw continues) (daughter screams) let's pretend for a second that you didn't let down your entire family. what would that reality look like? well i guess i would've gotten us xfinity... and we'd have a better view. do you need mulch? what, we have a ton of mulch. >>> today in a london courtroom a rare sight, a member of the british royal family on the stand testifying. it was prince harry who is taking his showdown with the tabloid media to a new level. more now from max foster. >> reporter: prince harry's year's long battle reaching its most dramatic moment yet as he arriv

with us now cnn chief law enforcement and intelligence analyst john miller.ood morning to you. >> good morning. >> when you look at what we can expect, something struck me. donald trump put out on social media saying, see you in miami, and it reminded me of another thing he said before the january 6th insurrection, it's going to be wild is what he said back then. is this a different message but same intention, to get people to come out and support him? >> well, i know he wants to get people out. the flier for the rally, the formal flier, says peaceful rally. he was on the radio with roger stone, roger stone, you know, underscored that, but said peaceful, orderly and so on. so there's a bit of a change in the message, which is probably the calculus that january 6th didn't do him a lot of good in terms of image, so i think what they're saying they expect of people to show up, we need the picture, we need the voice. >> what does that mean to law enforcement? >> what it means to law enforcement is they're looking at this in a 360-degree view, not just what donald

the time tuesday comes. >> yeah. >> certainly, security is going to be a big concern. >> yeah, john millers a big concern. i -- for their timing. >> sure. >> but it sort of feels that way, right? with something that you know is this significant and this big to basically allow it to come out and allow it on his terms and his way, it seems a bit surprising. >> well, they are following the law. the grand jury investigation is secret under rule 60 in the federal code. it is not uncommon for the prosecutors to share with the defense lawyers that your client -- that this is going to go to a vote tomorrow -- okay, your client was indicted. we will see you tuesday at 3:00. so, i think this came out the other way. but, for now, the charges are still sealed. we might see them if they are unsealed. but we might not see them until the appearance. it really depends on how the justice department and the court proceeds them. >> and, john, i know you have one important thing that you are looking for, just in terms of the classification itself. what do you mean by that? >> well, when you look at the docume

back with us john miller, sara murray. enjoy having you around me constantly. it's a lot of fun. audi, the view seems to be we know how this is going to be, this is like every other time, there is a playbook, a core group, he won't lose his 35%. tell me something different that interests me. >> that's your cynical journalist speaking. >> harsh. >> true. that's only the second poll, cbs had another poll that was indicating some shift. i would rather wait to see what it looks like by the end of the week. remember the former president has plenty of time to speak publicly, that is not traditionally like helped him in terms of once it gets into mainstream ears. i think a lot depends on how the next 48 hours play out. how he reacts and his comments. and how the media sort of works with him in a way in that. if you take his whole speech and then he spends half the speech bark trump, that's just free air time campaign speech smuggled in through the trojan horse of your indictment. so i think it will be interesting to see how he us

that -- >> john miller, eric, thank you, very fascinating.up -- did today at the london courtroom that has not happen in more than 130 years. ♪ shelves. shelves that know what taste buds want. shelves smart enough to see, sense, react, restock. ♪ so caramel swirl is always there for the taking. >> today, in 11 courtroom, a rare sight, a member of the british royal family on the stand testified -- it was prince harry who -- tabloid media to a new level. cnn's max foster. >> prince harry's years long battle with the tabloid press, reaching its most dramatic moment yet. as he arrived in london's high court to testify in his landmark trial against british publisher mirror group newspapers mgm. court sketchers showing the -- royal to the witness box, for the first time in more than 130 years. prince harry's tell-all memoir, spare, and recent netflix documentary have already detailed so many of the princes grievances with the press, which he partially blames for his decision to leave the uk and life as a working royal. >> i don't want history to re

scott jennings, van jones, laura coats and john miller, kaitlan collins in miami and kaitlan, it's aouple of hours into the day. so you, obviously, have new reporting already. what do you know at this moment? >> reporter: we know that we are not going to see any new faces with the former president as he arrives to the courthouse in miami this afternoon. he was on the phone all day yesterday and has been making calls for the last week trying to add a new florida-based attorney to his team. of course, given? where he is facing these federal charges that you laid out there. but we are told no one new has been added as of this moment. they have been trying to do so. they were hoping to do so by today. it wasn't seen as a hard deadline. the two attorneys you will see with former president trump today when he comes to court are todd blanch and chris -- todd has been on the legal team since april. chris kise was brought on last fall but was quickly sidelined with that matter. the dynamic has changed. two of the top attorneys resigned abruptly last week when they heard trump was looking to b

ground in south florida, randi kaye is outside doral, sara murray, josh campbell, laura coates, john millerll with us here in studio, and carlos suarez and katelyn polantz are live outside the courthouse. we want to start with randi kaye in doral where trump is getting ready for that arraignment. the former president seemed at least in the exclusive video cnn got, a little bit upbeat yesterday. what's your sense of things right now? >> reporter: yeah, absolutely, phil, he was -- he arrived at the doral resort here behind us at about 3:30 in the afternoon. he seemed a little bit somber earlier in the day, just quickly waved to supporters before disappearing with his son eric and some of his legal team. then later at about 7:00 p.m. we have video of him when he came down to the lobby last night to go to dinner at the main restaurant, he seemed much more upbeat, cheery, people were yelling to him. some of his supporters were in the lobby yelling we support you. you're going to win. we're behind you. he gave a thumbs up and then went inside and stopped to take some pictures with people who had

marcos jimenez, john miller, kara scannell, thanks to all of you, appreciate it. >>> the 2024 republicang up behind trump and attacking joe biden and the justice department for the criminal indictment, but during trump's first run for president back in 2016 he of course took a very different line when it came to classified documents and his then opponent hillary clinton. >> hillary clinton will be under investigation for a long, long time, for her many crimes against our nation, our people, our democracy. likely concluding in a criminal trial. [ crowd chanting "lock her up ]" >> that was donald trump on the campaign trail obsessed, angry about hillary clinton's treatment of classified materials teeing up the crowd to launch into the familiar "lock her up" chant about hillary clinton's handling or mishandling of classified materials. here is a bit more of how trump used to attack clinton for behavior very similar, perhaps paling in compare ton so the 27 charges he now faces. >> she bleached and deleted 33,000 emails after receiving a congressional subpoena. she lied about it over and over

>> john miller -- john baron -- >> john miller.r report, that he can just push all of this aside and let -- and i'm serious. he has been doing this since the mid 1970s and he has gotten away with it. any lawyer will tell you if there is -- if they're a dumb country lawyer like me especially, there's a reason to stay away from the federal courthouse whenever possible. >> yeah. >> i mean it is frightening when you walk through those doors. honest, it is the reason giuliani would lie outside and make all of these outrageous claims about stolen elections and go inside. the federal judge would say, are you suggesting there's widespread fraud in this election? giuliani would go, no, no, sir, i am not. trump thought he could bully people. he's now going to find out and he will be delivered the harshest lesson of his life, that you can't bully federal judges. you can't bully the feds themselves. he is going to pay for this. he may pay for it with his liberty unless he cops a deal. he is going to have to plea or i'm predicting he is going t

let's bring in harry litman and john miller our senior law enforcement analyst. your thoughts as you hear donald trump and his own words there. >> that's a damaging, devastating tape. it allows the prosecutors to put the jury in the room. hear what donald trump says. to hear him pages through. and his aide at one point, let's just say, says this is a problem. she is chuckling. this aide has to acknowledge, this is a bit of a problem. and as laura just said, it undermines the core component of his defense. saying, i declassified. i would have but i didn't and i can't now. maybe this is a smart stable. how do you defend this? two significant aspects. he's had 12 different versions. we've known all along, or have known for a couple months, this tape was pivotal in the united states' decision to seek a search warrant. people were a little on the fence. this was the thing that persuaded them. if you listen to it, you know why. he is asserting, true or not, a confers from the chair of the point chiefs of staff, about how we're going to attack iran. that's radio active.

john miller. john, i want to start with you. you're good about walking us through what's happening behind the scenes. stakes are enormous. obviously there's a lot of concern. what's actually happening amid security preparations leading up to tomorrow? >> it's a big machine. there's a lot of wheels churning. secret services job is literally going to be to protect former president trump get him in, get him out, make sure he's safe. the u.s. marshals, their job is to protect the inside of that house. miami pd, miami-dade, florida state police, they're going to be doing the wider picture around that building. are there going to be crowds? are there going to be large crowds? are there going to be small crowds that create an issue? so right now you're going to be looking at josh campbell's reporting from friday that the fbi has already put out a notice to 56 field offices saying scan for intelligence that may involve violence and reaction to this. the major city police chiefs and their intelligence commander put together a conference

. >> brian: ceiver joins us now along with his handler tom and john miller, from american vets.about? >> we've been working with the mets for a year, this is their second dog. the cohen family and everybody bought into our mission. shea was a star, ceiver might be a bigger star. >> steve: we just saw ceiver with shea, the retiring service dog, now shea has gotten to the point to be placed in somebody's house, right? >> right. he is getting formal training, we will have a big ceremony at the stadium. >> steve: with the recipient? >> yes. >> brian: how do you go about train something >> we get the pickups at eight weeks old and keep them frl they are 14 to 18 months and give them back to the foundation for formal training where shea is now. our biggest thing with the puppy at 11 weeks is house manners, teach him to be calm pup and more task and training will occur as the months go on. >> ainsley: john, this is awesome. not only are you doing something for a veteran, he will help a veteran that fought for our country and has disabilities. you got the fans involved, they named him a

here's john miller and laura coates. great to have both of you here tonight.here's a narrative you hear. there's two different justice systems in this country. let's put a rest to that, laura. ea let's start that some republicans saying this is joe biden's doing. some are saying joe biden has indicted trump. >> today, we witnessed the most evil and heinous abuse of power in our country. sad to watch a corrupt sitting president, had his top political opponent arrested on fake and fabricated charges. >> joe biden wants to give donald trump a death sentence for documents. >> a sitting president of the united states is trying to throw his opponent into jail. >> this unprecedented indictment, the biden administration is crossing the rubicon into desperatism. he has a habit of targeting anyone. >> can you help clear this up? is there any evidence that president biden was involved in this? >> no. he's the person who appointed the attorney general of the united states. of course, attorney general merrick garland. it's a special counsel statute that gives the power to

deputy commissioner of intelligence john miller has more on the legal process. >> the process has been a bit of a flash point. the family of jordan neely wanted to know why wasn't he arrested had night. prosecutors told police to hold off because they said we need more information. they wanted to hear the 911 calls, they wanted to see if there was any other video, they wanted to talk to the passengers on the train, ask them if they felt threatened. and finally on may 12 tth, they ordered his arrest and began the brand jury pr grand jury presentation. and the video is what he always wish you had. but the tape starts halfway through the incident. what it does not capture was the pacing around by mr. neely that witnesses described of him, balling his fists up, throwing his jacket down, talking about not being afraid to go back to jail or go away for life. so they are wondering what is he about to do that he could go away for life for. it suggests that he was about to hurt somebody in the mind of daniel penny. so it may come down to that video but also to the decision that his lawyers will

also our chief law enforcement and intelligence analyst john miller is here and former u.s. attorney harry lippman. it's great to have you all here. john, rudy giuliani is fascinating because he talks a very big, bold game on cable tv and then when he is under oath in front of a judge he often changes his tune. case in point, we all remember on november 7th, 2020, when he stood outside of the four seasons landscape -- and made all these claims about how there were fraudulent, also it's a fraud in the 2020 election and he had proof of it. and then ten days later he was in court and the judge said do you have evidence of fraud and rudy giuliani said no, i do not, your honor. >> so he has a firm grasp on what you can get away with in the public forum, which is that it is not a crime to lie to the press, it's bad practice but it's not against the law. politicians do it all the time. and what you can do in court. as an officer of the court, he understands that making those statements is, if not against the law for perjury, if you know they are not true and you are making them, it

back with me tonight john miller, elliot williams, scott jennings and mondaire jones? a tough road for republicans. we've seen what others will say but that was the 2024 race. pence knew trump well and how how he operated. this is what he said tonight. >> i'm deeply troubled to see this indictment move forward. believing it will only further divide our nation, a time when american families are facing real hardship at home. and real peril abroad. first let me be clear, no one is above the law. secondly, it is important to note from my years ras -- as your vice president and servingen 0 the international relations committee in the congress of the united states, the handling of classified materials of the united states is a serious matter. >> how does he say those two things but also say the indictment is deeply troubling? >> i know. i mean, he said to danger that bash this shouldn't move forward right after saying we have to uphold the constitution and rule of law. today he says classified information is very important and, yet, i'm troubled by -- this is the amazing dua

joining us is john miller. scary. >> so it's an interesting also how it came together as well as being very concerning. taylor taranto known quantity in january 6th crowd. a guy inside the capitol who was on video at the spot where ashli babbitt was shot by capitol police where they were breaking through the window has been on the radar of the fbi, joint terrorist traffic force, january 6th probe. what happened yesterday was the capitol police, seeing some of his live streams, showing he was in washington and statements that they interpret as being threatening to members of congress put out a bolo, be on the look out for this individual. if he is seen. the u.s. secret service uniform division which is on patrol in the neighborhood where former president obama lives spots him. they do the stop. his van, which he seems to he living out, is parked a short cities tans away. they look in the van. see concerning things. call the bomb squad. they have materials to make molotov cocktails bottles, ration, fuels, handgun

. >> i want to bring in now, cnn chief law enforcement and intelligence analyst john miller.beagle. a geography teacher at parkland who was killed protecting his students in the shooting. linda, i always appreciate seeing. you even though it is during often hard days. what is your reaction to the emotional reaction that has been hands courtroom? >> i guess scott peterson believes that doing nothing is synonymous with doing no wrong. he may have not have been legally responsible, not found legally responsible. but there is no doubt that he is morally responsible. there's just no doubt about it. and it is hard to have a reaction. he become numb after a well. you want and no he's guilty. i mean, why not. you he stood there for 40 minutes doing nothing. had he done something, something, anything, the murder would have never made it to the third floor. we've never made to the third floor. all he had to do was divert him. for 30 seconds. i speak for myself. if he had diverted him for ten seconds, my son would have been able to close the door. i mean scott did what scott peterson sh

evan perez, our justice correspondent and our chief law enforcement intelligence correspondent, john miller. this wasn't unexpected. i'll start there. but the timing was unexpected, right? so much so, from your reporting, the u.s. secret service, the u.s. marshals, they did not know this was happening. they weren't in place. it was trump himself, who was the first to put it out there. >> that's right. that's right, erin. the justice department -- the components of the justice department, the law enforcement components, really want to make sure they have the assets. they want to make sure they've done the threat assessments before the former president is brought to the courthouse in miami. now, there was some preparations being done behind the scenes. but they didn't know if this was going to happen, when it was going to happen, and they finally got that notification after the former president had already gone on his social media platform to say that he had been notified of the indictment. it gives you a sense of how tightly held this information was, that jack smith, the special counsel, wh

also cnn chief law enforcement analyst john miller. and the former nypd deputy commissioner. t with you. a lot of emotion about this case but what about the process? now that daniel penny has been indicted, what next? >> the process has been a bit of a flash point in this case. the family of jordan neely wanted to know why wasn't he arrested that night? the answer came from prosecutors, who told police to hold off because they said that we need more information. they wanted to hear the 9-1-1 calls, they wanted to see if there was any other video, they want to talk to the passengers on the train, ask them if they felt threatened and finally, on may 12th, they ordered his arrest. it began that grand jury presentation and obtain this indictment today. it will be announced tomorrow. >> so joey, the sources telling us the indictment is for second degree manslaughter charges. walk us through the specifics, why second-degree manslaughter? what's the bar for prosecutors to prove that as opposed to something else? >> i think there's two. one is the second degree manslaughter, the other

analyst john miller, good morning. let's begin with that first question. how severe?> well, the severity of these things generally depends on the sophistication of the victim at the other end of it, which is if you back up your data every day, you could lose a day's worth of data. if you back it up every hour, lose an hour, a minute, a minute. but lots of organizations in and out of the government don't back up their data. the hackers come in. they find their target. they encrypt it and leave it there sitting in a lump that's now -- you have to decode it. you can't get into it. you have to buy that key from them. so if you have your data backed open on another server you can decide what to do with the hackers but you haven't lost everything. >> so they have to decide whether or not they are buying that back. we are talking about u.s. government agencies, that's typically not something that's going to happen. so do we have a sense of how sort of how severe and how broad that was for those agencies potentially how damaging? >> well, so the government is keeping their ca

. >> let me -- before we do that, let me jump to john miller to talk to us right now about what exactlygoing on inside that building. john? >> so right now the president would be going through the garage into the freight elevator, he will be going with his secret service detail, which has him under protection, but there's going to be a moment certain and it could be in that elevator or it could be up in the u.s. marshal's office where he's going to be approached by the two fbi agents who are technically arresting him on all these charges in the name of the u.s. government and at that point the secret service takes a step back because he is no longer their protectee in a sense, he is in the custody of the fbi until such time a federal magistrate at the end of this arraignment and it's entirely likely that they will say you're free to go and these are the following conditions which are probably just going to be you have to return to court. in between he will be -- he will be fingerprinted with the electronic scan and those prints will be run against the records and entered in we are told

john miller, cnn's chief law enforcement and intelligence analyst. elliot williams. scott jennings who worked in the george w. bush white house. former democratic congressman mondera jones. you heard clapper talking about the fact that this compromise potentially of intelligence that is shared only among a select few nations, including the united states, that was just spilled on the floor, which they learned from these text messages -- trump is running to be the commander in chief again. to be running. what do you think allies think when they're reading this indictment? >> i think they would be horrified, looking at those pictures. and when you consider in the proper handling of those exact same documents that were on the stage, in the bathroom, falling out of the box on the floor with the guitar against the wall, these why documents where you had to go into a lead-lined room, hap an authorized security officer open a safe, take out a cover sheet -- these are places where you weren't allowed to bring a cell phone into the room or the building, anythi

let's bring in our panel and start with you, john miller, our chief law enforcement expert, on what paula was saying to jake and me. so, look, she said -- i want to be clear, there's some people who may be interested. don't want to act like nobody wants to do it. it shouldn't be this way in a normal case. shouldn't have concerns about the client paying you. shouldn't be worried you're going to offend your other clients you don't want to take the case. it is incredible to hear this. >> i think, you know, the lawyer they're bringing down from new york was a top pllawyer who hado withdraw the firm on wall street to take on the trump case. you know, there are certain firms that don't want to be dragged into this. donald trump is famous for not paying his lawyers or for stalling those payments. he's also got this $100 million pac fund which has made it easier to pay him -- pay them with money he couldn't use for other things. we've seen that merry go round go around with pal la administrator leaving and then another and another. a lot has to do with how the criminal defense works, which is wha

our chief law enforcement and intelligence analyst john miller has been following this story for us.h a source. what else are you learning? >> well, we know that daniel penny was indicted on second-degree manslaughter. that is a charge that says you recklessly caused the death of another. the charge does not require that that has to be intentional. it just states that a reasonable person would have known that their actions could have led to the death of another. so, what we have here is the case of jordan neely, a 30-year-old homeless man on the subway, who was acting in a threatening manner, according to multiple witnesses on the subway car. he was saying, i don't care if i go to jail, i don't care if i go to jail for life. he took off his jacket, he threw it down. he said i'm tired, i'm hungry, i'm thirsty. he balled his hands into fists, according to witnesses. and that is when the former marine took action by taking him in a headlock, taking him down. and there is video, disturbing video, of what occurred when he held him down. he says he was not trying to kill jordan neely. dani

elie honig, senior political correspondent emmy and chief law enforcement and intelligence analyst john miller. good morning, guys. elie, can you talk about what this would have looked like? you were a prosecutor, if you are sitting at doj and the trump team comes to you after you found these classified documents from mar-a-lago and says, look, let's strike a deal here. we don't need to go forward with this. we will give you everything you want. would doj have done that? >> it's all about timing. a i think at this point in this sequence here after the search warrant has been done in august 2022, i don't think there would have been a deal sohort of takig a play. if the trump team comes to me as doj and say we are going give you everything now that you have seven the place and you are going to go away, i think it's too late. there is a point of no return once doj has gone to a judge, said we have probable cause, did the search warrant. that said i think if the lawyers got through to donald trump way earlier in the process, before doj got involved, when it was just archives or maybe early on in t

so here to set the record straight our cnn's chief law enforcement and intelligence analyst john millerf legal analyst laura coats. great have both of you here tonight, because there is this narrative that you are starting to hear, all sorts of republicans echo, which is there are two different justice systems in this country. and, let's just put a rest to that, laura, let's start at the beginning. some republicans are trying to claim this was joe biden's, doing that joe biden has somehow indicted donald trump. here is what a group of republicans have said already this week. >> today we witness the most evil and heinous abuse of power in the history of our country, very sad thing to, watch a corrupt sitting president had his top political opponent arrested on fake and fabricated charges. >> joe biden wants to give donald trump a death sentence for documents. >> we are seeing for the first time in american history, ryan, a sitting president of the united states try and throw his opponent into jail. >> with this unprecedented indictment, the biden administration is crossing the rubicon in

john miller intelligence analyst joins us, and katelyn polantz, outside the courthouse in miami. what do we know about what's going to happen on tuesday afternoon? >> reporter: well, we're going to be watching to see just how much we're going to be able to see of donald trump himself as a criminal dflt efendant coming i this court to enter his appearance. full expectation, he would enter a plea of not guilty at that time, and whenever he does arrive here, this is a federal complex that is surrounding this miami federal courthouse here and so there is a question, do they bring him in a back door, and we never see him on camera or have video or photos of him. once he's inside the building, there's none of that. it is a very lockdown scenario in any federal court building where you have to be there in person to witness what's going on if you want to see exactly what a defendant looks like, what a judge looks like, what rooms look like. that is how federal court works. we're still waiting to see what paperwork comes out as well, as far as the indictment, and any other things that the

back with me tonight, john miller, elliot williams, scott jen jennings, and mondaire jones.is a tough road for republicans. we've seen what other republicans are going to say, but those are the 2024 race. pence knew trump very well, saw how he operated with classified information. this is what he said tonight. >> i'm deeply troubled to see this indictment move forward, believing it will only further divide our nation at a time that american families are facing real hardship at home and really peril abroad. first let me be clear. no one is above the law. secondly, it is important to note from my years as your vice president and also my years serving on the international relations committee in the congress of the united states, the handling of classified materials of the united states is a serious matter. >> how does he say those two things but also say the indictment is deeply troubling? >> i know. i mean he said to dana bash the other night this indictment shouldn't move forward right after saying we have to uphold the constitution and the rule of law. today he says classifi

>> van jones, ashley allison, alyssa farah griffin, david urban, and laura coates, and john miller, cnn chief law enforcement and intelligence analyst. laura, today's arraignment, did it go as you expected? and i'm wondering what you made of the judge's decision to try to limit the president's communications with certain witnesses. >> it did go as expected in terms of the brevity of it and not having any evidentiary motions resolved obviously, motions to sever to not have a joint trial, that never was going to happen today. what was surprising, though, was the fact that the codefendant who we've known about since at least last week from the indictment did not have local counsel present. actually, how is it possible? well, there's two explanations, one, lack of planning or preparation, and two, lack of inventory of willing attorneys to do so. as a prosecutor certainly i support the department of justice, but you also have to ecen s ecr ec reconcile every defendant needs to have counselch. >> and they're paying for counsel for mr. nauta. >> they are paying for counsel, but you have to hav

"outfront" now, john miller, our chief law enforcement, and intelligence analyst breaking this reporting along with paul martin, criminal defense attorney and former prosecutor. john, i know you've been talking to a lot of people who know exactly what's happening here. what more are you learning about the charges penny faces? >> so the charges, manslaughter in the second degree, and that charge requires them to go into court and prove that he recklessly caused the death of another, and the reckless is defined as something that he did in this choke hold that a reasonable person would've known could've had a substantial risk of leading to the death of another. of course, from daniel penny's standpoint, his lawyer has called this a self-defense case. they're going to have to battle that out. >> paul, prosecutors are saying the incident, quote, and here's how they describe it. >> at some point mr. neely stopped moving, the defendant continued to hold mr. neely for a period and then released him. there's been this whole question of exactly what you're saying. they've been at the present timin