classified documents case against the former president trump, a new cooperation deal between jack smith and the i.t. worker known as trump employee number four. what might this mean for the prosecution's case. plus, a manhunt commands in pennsylvania for a convicted brutal killer. two entire school districts in the commonwealth have canceled classes as incredible new video is released showing just how that inmate escaped. welcome to "the lead," i'm jake tapper. donald trump on trial moments ago, a critical hearing wrapped in the fulton county, georgia, election subversion case against donald trump and defendants. cameras were allowed in the courtroom. a first in any case against the former president. one of the biggest topics discussed, whether the 19 defendants in the case will be tried together or separately and when those trials might be held. the judge ruled from the bench that pro-trump lawyer kenneth chesebro and sidney powell will go to trial together on october 23rd but the judge has not yet decides whether the other 17 co-defendants will be tried together or when their trial will take place. keep in mind, this is just the georgia case. there are three other criminal cases against mr. trump that also will be taking up time in his calendar and as we came on air today, some breaking news about president biden's son hunter. a new court filing from the special counsel investigating hunter biden, david weiss said in that filing he intended to indict the president's son on federal gun charges by the end of the month. that reporting is just coming in. we'll have more for you there in just a moment. our coverage will start with evan perez. in terms of the schedule in the georgia case against donald trump and the other 18 defendants, prosecutors today laid out their ideal time line, what was it and how did the judge respond to it? >> it is an aggressive time line, jake. they're talking about going to trial for all 19 defendants and they're talking about going to trial in october. they said this is going to be a four-month trial. they're talking about 150 witn witnesses potentially that they would have to put on. the judge immediately seemed to throw a little bit of cold water on this saying it just seemed -- he seemed skeptical that this is something they could pull off. there is a number of reasons why. one of them is the fact that mark meadows, one of the key defendants in this case, is asking for his case to be moved to federal court. and that motion that he is making, that request is still pending. a federal judge is still considering that. and that has a lot of potential implications for everyone else. because if he moves meadows' case to federal court, it is possible that he might have to move all 19 defendants. that is something that is obviously something that is pending. so the judge really had some skepticism about that. but, he also threw cold water on the idea that powell and chesebro get to just sever their cases and from the other defendants. the argument that both of them are making, well, we weren't part of all parts of this conspiracy so therefore i shouldn't have to be tried together. and the judge said, well that is not how the law works. georgia rico law, racketeera law requires that all of the defendants who were part of this conspiracy, even if they weren't part of all of it, get to be tried, have to be tried together. an that is part of the function of jageorgia law. so the judge dismissed that request. it was a quick decision for the judge. one of the things that we heard about this judge is that he makes decisions have he quickly and you saw that before the cameras in state court. something that if this case moves to federal court, we're not going to be seeing. but again, for the purposes of today, what this does is it gives a lot of incentive to the other defendants that you saw already. a few of them, i believe four of them now, have made similar requests to sever their cases and separate then selves because they don't want to be tried as -- with the former president or with other defendants. >> so sidney powell's lawyer today argued that she was not actually the driving force behind the breach of voter machines in coffee county, georgia. so if she wasn't the driving force behind it, who are they suggesting is? >> well part of what they're saying is that she -- they're disputing what the prosecutors in georgia are saying. and they produced -- the prosecutors have produced evidence that they say shows that her legal organization was really the driving force. they hired consultants to try to get access to voting machines in georgia. of course cnn reporting from our zachary cohen has shown this is a something that went beyond michigan. it went to coffee county and other parts in other states as well. and she is saying you can't put this all on her. but we know from some of our own reporting that all of this ties back to former president and at the white house. we know that back in december, this issue, this idea of getting access to voting machines came up at that one meeting in december where sidney powell was present and where everyone was talking about getting access to voting machines. >> evan perez, thank you so much. let's talk about it more with cnn's elie honig and karen freedman. you think that today's hearing was a bad day for the prosecutors, a bad day for district attorney fani willis's office, why. >> on balance. the good news is she won the motion to keep chesebro and sidney powell together. that is one trial that she doesn't have to try separately. but she all but lost on the other 17. he seld i'm skeptical of your ability to try all 19 at once and he said i'll give you a couple of days to brief it but he all but signaled he won't keep all together. and there is a bit of hypocrisy is the public rhetoric is we're ready. but here is the reality. fani willis took two and a half plus years to indict this case. she indicted in august and then said i want a trial of everybody two months from now. i take two and a half years to investigate and they get a trial in two months and then she said, well i'm not ready to produce discovery until september 15th. that is half of the time. she should have been ready to produce discovery on day one and then today when the judge said how long do you need to brief this issue about keeping defendants together, and her lawyers say, we need two weeks. that is a quarter of the remaining time. so the talk here is we're ready, but their actions are not consistent with that. >> and karen, does it surprise you that the judge would not separate chesebro's case from powells? >> no, it doesn't at all. this is a rico conspiracy case. and really the charges and the acts and the events are applicable to everybody. it is a whole story and different pieces of the story belong together. this is an enterprise, a group that worked together to try and illegally overturn the georgia election that went for biden to trump. and so, that is a whole story that belongs together and should stay together. so, there really isn't any reason to separate the two chesebro and sidney powell here. >> and the judge was skeptical that the trial could be held for all 19 defendantsin in october d for those that don't know, in georgia you have a right to a speedy trial, some states have and some don't. and you have a speedy trial to chesebro and powell are like we wanted to be tried now and fani willis is like we could do all 19 right now but the judge doesn't think so, is fani willis not ready for this case? >> she's not ready to try 19 defendants in october. and the reason that is not going to happen, part of it is legal. a defendant has a right under georgia, a very strong right to say i want my speedy trial. you get it within what amounts to two months from now. but you can't force the others into doing that too. and also there was an interesting unexpected wrinkle today. well the judge said, well hang on, one the other defendants, mark meadows, he's trying to get into federal court and that is pending with the federal district judge and today the judge said that could be appealed and that could take up to six months and the d.a. said yes and they said we'll have to get back to you on that one. they weren't ready on that one either. >> and prosecutors say the trial could take four months. the judge said he thinks it could take eight months. who do you side with? >> i think it is closer to the eight months. think about how much going into a trial. it excludes jury selection and there is a jury selection case in -- in a trial going on right near in a rico case in georgia, they're still in jury selection and that is eight months. so it takes time. so the other side that is an unknown is the deefense case. and the more defendants that are going on trial, the moyer lawyers will cross-examine witnesses and the more opening and closing and it will extend the trial. so i think it is closer to the eight months for this particular trial than the four months. >> prosecutors said something like 150 witnesses or something like that. >> yeah. >> elie, this was the first televised hearing in a trump case. we are expecting that the trial would be televised as they do in georgia. how does that impact the case? >> so, first of all, i thought it was interesting. i'm glad people ared. i thought it was high quality lawyering on both sides. good arguments. sober. and the judge was in control. so the concerns about we're going to have a circus, i think were undercut by today. >> this is not ito part two. >> no. if there is a trial of the early group, chesebro and powell, we'll see that and donald trump won't be a defendant at that table. but you could bet he will be mentioned and implicated while that is going on. >> and karen, special counsel jack smith and the election subversion case in the federal court said in the court filing that trump had made daily extra judicial statements that threaten to fprejudice the jury pool. do you that i that is accurate, that his social media statements are tainting possible jurors. >> it is hard to tell because they are mostly under seal. so we don't know what he's referring to. but donald trump has created these short videos on this truth social where he's on a daily basis talking about cases ant the issues and what is going on in these four prosecutions. so i do think there is a possibility and a risk that he could taint the jury pool for sure. >> all right thanks to both of you. and then donald trump said today he would absolutely take the stand in one of his trials. given the 91 charges against him. is that such a wise choice? i'm going to talk to one of his former lawyers. plus what mitch mcconnell said just moments ago. about his future in the senate after those recent bouts of freezing in front of cameras. plus, incredible new video from inside of a pennsylvania prison showing just how that ruthless brutal inmate escaped, scaling a wall and what authorities are saying now, seven days into the manhunt. . for freeee. that's what i'm talking about. order in the subway app today. try killing bugs the worry-free way. not the other way. zevo traps use light to attract and trap flying insects with no odor and no ss. they work continuously, ze. people-friendly. bug-deadly. being mile class right now, it's tough making ends meet for sure. republicans in congress say if we just cut taxes even more for the biggest corporations the money will eventually someday trickle trickle down to you. right. joe biden would rather just stop those corporations from charging so damn much. capping the cost of drugs like insulin. cracking down on surprise medical bills and all those crazy junk fees. there's more work to do. tell the president to keep lowering costs for middle class families. sometimes jonah wrestles with falling asleep... ...so he takes zzzquil. the world's #1 sleep aid brand for a better night sleep. so now, he wakes up feeling like himself. the reigning family room middle-weight champion. better days start with zzzquil nights. when i was diagnosed with h-i-v, i didn't know who i would be. but here i am... being me. keep being you... and ask your healthcare provider about the number one prescribed h-i-v treatment, biktarvy. biktarvy is a complete, one-pill, once-a-day treatment used for h-i-v in many people whether you're 18 or 80. with one small pill, biktarvy fights h-i-v to help you get to undetectable—and stay there whether you're just starting or replacing your current treatment. research shows that taking h-i-v treatment as prescribed and getting to and staying undetectable prevents transmitting h-i-v through sex. serious side effects can occur, including kidney problems and kidney failure. rare, life-threatening side effects include a buildup of lactic acid and liver problems. do not take biktarvy if you take dofetilide or rifampin. tell your healthcare provider about all the medicines and supplements you take, if you are pregnant or breastfeeding, or if you have kidney or liver problems, including hepatitis. if you have hepatitis b do not stop taking biktarvy without talking to your healthcare provider. common side effects were diarrhea, nausea, and headache. no matter where life takes you, biktarvy can go with you. talk to your healthcare provider today. hey all, so i just downloaded the experian app because i wanted to check my fico® score, but it does so much more. this thing shows you your fico® score, you can get your credit card recommendations, and it shows you ways to save money. do so much more than get your fico® score. download the experian app now. and we're back with more on our law and justice lead. donald trump wants to take the stand in his own defense, at least that is what he told hugh hewitt today. take a listen. >> if you have to go to trial, will you testify in your own defense? >> oh, yes. absolutely. >> you'll take the stand? >> that i look forward to. >> former trump attorney tim parlatore. and as trump's former attorney, do you think him taking the stand at a trial would he about a good idea? >> personally, i do nt like of any clients taking the stand in a criminal case. this is not something they're required to do. and i have not generally had any clients take the stand unless they first undergo a very rigorous cross-examination by me. and pass. and i don't believe myself, i'm not testifying. so, i can't see it being a good idea here. >> i can't help but think about the last time that he kind of testified in his own defense. it was -- when he was deposed in the e. jean carroll civil case and it was a videotaped deposition and one woman he confused the woman suing him with his second wife marla maples and then there was this moment when he was asked about the quote about grabbing women by their genitals. take a listen. >> they could grab women by the [ bleep ]. >> if you look over the last million years, i guess that is been largely true. not always. but largely true. unfortunately or fortunately. >> unfortunately or fortunately. i mean, it seems like putting him on the stand would be risky? >> it is. and that is kind of an illustration of why it is an uncontrolled environment. you don't know necessarily what the client is going to say. even a very well practiced client could say things that they would regret after the fact. so, you try to -- you true i to remember a trial is a presentation for the jury where you're going to try and control it as much as you can and that is an uncontrollable risk. >> and to say the least, he's not the most disciplined on message individual i've ever met. today on mar-a-lago -- >> at the same time -- >> yeah, go ahead. >> at the same time, a defendant has the rielg to do it and if the lawyer said it is the worst idea in the world, the client could do it any way. >> oh, yeah. and it is televised, of course. >> yes. >> today a mar-a-lago worker employee has agreed to testify to avoid prosecution. how nervous do you think this makes donald trump and this is in the classified documents case, and could we begin to see more people flip, cooperating with prosecutors as these cases intensify? >> it is a common theme in any one of these cases. where you have somebody who is being threatened with prosecution and they see their co-workers being arrested and charged and told, hey, if you just come in and tell us the story that we want to hear, you could avoid being charged yourself. so, yeah, i do think that it is something to be concerned about. at the same time, what is he going to say? is it soming that could be backed up or cross-examined on. i don't know that it will significantly change the case any more so than the surveillance video, i think is the biggest hurdle they have to over come. >> well i suppose it would be more testimony if somebody -- if there is testimony that donald trump instructed somebody to destroy evidence, that is obstruction of justice. not that it was destroyed but if he told somebody to do it and if this i.t. guy would testify that he was instructed to do it, that is further evidence of obstruction of justice? >> correct. it would be. and i don't know whether he's going to say that donald trump told them directly. or whether it was told through an intermediary. which that would change the admissibility in a lot of issues with it. >> we're also getting new insight on a key piece of evidence in the classified documents case. abc news reported that trump's lawyer evan corcoran recorded voice memos that showed that he warned donald trump, the fbi might raid mar-a-lago if he didn't comply with the justice deps subpoena to return the documents and another attorney warned him if you push trump to hard to comply, he's going to go ballistic. does this new reporting paint the president's mindset in your opinion accurately that he would have go ballistic if pushed to comply with the subpoena. and if you would, talk about the crime fraud exemption here when it comes to getting information that normally would be protected by attorney/client privilege. >> sure. look, i've read all of these notes. and obviously it is still under seal. it is not something i could just release. but at the same time, this article takes some of the highlights out of the notes. standard attorney/client discussions about when you receive a subpoena, what are the left and right limits. sure there is a lot of trumpisms added in there. it is more meandering at times. but at the same time, it is exactly what is classically attorney/client communications. i will say, you asked me about the crime fraud exception, there is one piece of it that i would concede under the government's theory would be discoverable under the crime fraud exception. we didn't know this at the time because we litigated this motion where we weren't allowed to see their papers an when they got up in court to speak, they told us we have to leave the room. so now that i see the indictment and i know their theory, i would say that the portion where he's talking about when he's going to come back, when he's going to do the search and where he's going to do the search, that portion would be discoverable under the crime fraud exception based on their theory that he had walt move boxes the night before. so, i think that part would be discoverable. >> so now the other part is that -- >> no, not the part that he would go ballivic. but the actual context is not that evan was warned that he would go ballistic but another lawyer was warned by a campaign lawyer. and the campaign lawyer said, oh, don't push him to comply with the subpoena because he'll go ballistic. so when the two criminal lawyers got together they discussed what the campaign lawyer said and they said, know what, we're going to ask him any way. they did and trump said, sure. go ahead and do the search. >> what was the other point you were going to make? >> with the full context it is a bit different. >> okay. there was another point you were going to make. i don't know if you remember what it was? >> probably not. >> okay. tim parlator, thank you for your time. thank you so much. >> thank you. then there is the special counsel investigating president biden's son. hunter biden in a brand-new court filing just in indicating that an indictment in that case is coming soon. keep it here. more to come. ththe chef's cooking up firsts with her new debit card. huhungry? -uhuh. the designer's eyeing sequins. uh no plaid. while mom is eyeining his spending. nice. and the engineer? she's taking control with her own account for college. three futures, all with chase. freedom for kids. control for parents. one bank for both. chase. make more of what's yours. so many people are overweight now and asking themselves, "why can't i lose weight?" for most, the reason is insulin resistance, and they don't even know they have it. conventional starvation diets don't address insulin resistance. that's why they don't work. now there's golo. golo helps with insulin resistance, getting rid of sugar cravings, helps control stress and emotional eating and losing weight. go to golo.com and see how golo can change your life. that's golo.com. ♪ nice footwork. man, you're lucky, watching live sports never used to be this easy. now you can stream all your games like it's nothing. yes! [ cheers ] yeah! woho! running up and down that field looks tough. it's a pitch. get way more into what you're into when you stream on the xfinity 10g network. breaking news now. on hunter biden's continuing legal woes. and an indictment is imminent. let's get straight to kara scannell. what is the news. >> we have new court filing from special counsel david weiss's office and they're going to seek an indictment related to hunter biden's purchase and possession of a gun by the end of the month. you ma i remember, he initially agreed to what is known as a pretrial diversion agreement meaning he would avoid prosecution for possessing a gun while addicted to a controlled substance. that is a felony that carries a maximum of ten years in prison. and they made a deal that the charge would go away if he abided by it over 24 months. that fell apart when the tax agreement fell apart because he was going to plead guilty to merch miss demminor charges and now it is not clear what exactly they will charge. but they will looking at possibly charging with false statements, they ultimately reached this deal related to the gun possession. but that is something that they are now saying they're going to move forward with and it is important to note that the statute of limitations on this gun possession would conspire in october. so they need to move quickly if they're going to bring a case related to that. biden purchased this gun in delaware. he it for 11 days and so that is the essence of what this charge is. now, biden's team said that they have a binding deal in this diversion agreement and they're still fighting that and saying that he's abiding by this to this day so this is a legal fight any way but it looks like the prosecutors will seek an indictment on this gun issue by the end of this month. >> and this tax charges are still looming out there? >> well, so those tax charges were dismissed. that was something that the prosecution and biden's team agreed upon because the plea deal that they reached had fallen apart and he entered a plea of not guilty. but the special counsel wanted to dismiss to seek it another jurisdiction but his tax issues are in d.c. and l.a. to the prosecutors said they want the chance to bring these charges and again those were misdemeanors, it is possible they could look at felonies now. whatever they might want to charge related to taxes in the jurisdictions where the aedge willed crime took place. >> kara scannell, thank you so much. in our politics lead, the u.s. senate will move forward on three spending bills next week. and that will leave house speaker kevin mccarthy caught between a rock and a hard right republican blockade of sorts. congress still needs to pass a short-term government spending bill to avoid an october 1st government shutdown. that is exactly what speaker mccarthy is urging his members to do. a short-term spending bill. but members of the more conservative caucus are ready to go to battle over lower spending. right now. so if mccarthy overrides them, they are some of them threatening to oust him with the speakership. and joining us now ken buck of colorado, a member of the house foreign affairs committee and the house freedom kaurcaucus an leading charge against the deal with democrats. thanks for joining you. so speaker mccarthy warns that this in fighting among republicans is going to likely backfire and ultimately congress is going to end up with higher spending levels because you are opposed by not just democrats and some republicans in the house, but by the u.s. senate, most in the u.s. senate because there is bipartisan agreement on spending there. you could pass a short-term spending bill right now and save your big spending fight for later this year. why not do that? >> well, the spending bill that the speaker is talking about passing, the continuing resolution in the next few weeks so that the government stays open after september 30th would be at the 2023 number. the speaker has promised that he won't go above the 2022 number. and there are many of us that want to see a number even lower than that as a result of this burgeoning national debt that we have. so, most republicans voted against the 2023 number in the last congress. i can't imagine that most of them are going to want to vote for a continuing resolution of a number that they voted against. so it puts the speaker, as you said, between a rock and a hard place. >> have you tried to meet with, say, a senate democrat to try -- i mean, everybody could look at the math and see that we as a country have been for too many years under democrat and republican administrations spending more money than we take in. it is right there on the page. you have tried to talk to anybody in the senate who is of the other party to say, is there any way we could get on some sort of sustainable path? >> i have had conversations with democrats in the house. i'm not going to go through names or the negotiations. but i have talked to people in the house. and other republicans. i think this is really where the speaker's leadership comes in play. he needs to make a case for how much wasteful spending there is in the federal government and a path forward. i have suggested to the speaker that every committee, judicial committee, foreign affairs and education committee all have a subcommittee dedicated to finding waste and cutting it out of the authorization so that the appropriations committee doesn't appropriate money to those programs. that is not being followed. there are a lot of suggestions from a lot of people on how on strategies that we could use to reduce spending that largely have been ignored and we end up with this crisis. >> i'm sure there are plenty of wray ways for fraud and abuse and isn't that a campaign slogan. the real problem here is that we're spending money on things that we can't afford and a lot of them are good programs. it is just that we can't afford those programs at the rate of the money that is coming in. isn't that the real issue, that this is going to take some really difficult decisions? >> it absolutely is. jake, that is really the problem with congress. congress doesn't make difficult decisions unless there is a crisis. and the most difficult decision are the entitlement programs, social security and medicare and medicaid. we need to make sure that the younger workers, the 25, 26, 30-year-old workers are going to see a retirement age further down the road. there are other strategies that have to be adopted but that is the real driver of the debt. i don't think you could get to that side of the equation before you cut every single penny that you can on the discretionary side, on the programs that form the bulk of the government. >> i want to get your take on your colleague congressman matt gaetz saying he is prepared to force a floor vote on impeaching president biden. and if speaker mccarthy blocks the effort, he is threatened to make a motion to oust speaker mccarthy. what do you think of this? >> well, i think speaker mccarthy has set a number of times that he wants to bring a vote on the impeachment inquiry. not necessarily the impeachment. but the inquiry. so i think he and congressman gaetz are on the same page. i don't think there is an appetite right now for a motion to vacate speaker mccarthy. i think that we have three committees that are working very hard on uncovering evidence of hunter biden's wrongdoing. they are looking to see if there is a connection with joe biden. if they reach that point, where they could find evidence of a connection, fine, i think that the republicans will move forward with an impeachment inquiry. right now, i'm not convinced that that evidence exists. and i'm not supporting an heim inquiry. >> ken buck of the great state of the colorado, good to see you. >> thank you. coming up next, the video out showing the prisoner climbing a wall to make his big getaway. connect with an advisor to create your perersonalized plan. let's find the right investments fofor your goals okay, great. j.p. morgan wealalth managemen. your shipping manager left to “find themself.” leaving you lost. you need to hire. i need indee indeed you d indeed instant match insntly delivers quality candidates matching your job descriptn. visit indeed.com/hire ♪ i wanna hold you forever ♪ hey little bear bear. ♪ ♪ ♪ i'm gonna love you forever ♪ ♪ ♪ c'mon, bear. ♪ ♪ ♪ you don't...you don't have to worry... ♪ ♪ be by your side... i'll be there... ♪ ♪ with my arms wrapped around... ♪ ♪ there it is. that feeling you get... when you can du more with less asthma. it starts with dupixent. dupixent is not for sudden breathing problems. it's an add-on treatment for specific types of moderate-to-severe asthma. and can help improve lung function for better breathing in as little as two weeks. dupixent helps prevent asthma attacks... and can even reduce or eliminate oral steroids. can you picture it? dupixent can cause allergic reactions that can be severe. get help right away if you have rash, chest pain, worsening shortness of breath, tingling or numbness in your limbs. tell your doctor about new or worsening joint aches and pain, or a parasitic infection. don't change or stop asthma medicines, including steroids, without talking to your doctor. who knows what you can do when you du more with less asthma. ask your asthma specialist about dupixent. in our national lead, just a short while ago, police in pennsylvania released this video of danello cavalcante climbing out of the chester county prison just outside of philadelphia, pennsylvania. two entire school districts still are closed as this manhunt for this escaped killer enters the 7th day. joining us to discuss is josh campbell and brian todd outside of the prison in west chester where the inmate escaped. this video basically scaling the wall without getting caught it is pretty shocking. what else did police have to say about his escape today? >> reporter: jake, that video dramatically extraordinary and we could get right back to it if you would replay the video. just released a short time ago by lawmaker at this briefing. showing danello cavalcante, the moment of his escape on last thursday, august 31st, this is in the exercise yard at the chester county prison. he's crab walking up between two walls and if you see that, it is till just looks extraordinary. his deafness in getting up the wall. and then he pushed through razor wire and ran across a roof and scaled another fence and pushed his way through more razor wire and then got away. another important piece of information, there was a tower security guard present but that guard did not observe this happening and did not report it. he was not reported missing until almost an hour later when they did a head count. that guard is now on administrative leave. danello cavalcante is described as 5 feet tall, 120 pounds and if you see this video, we did ask them about certain details of kind of that hallway type opening there that you soo he where he's wedging himself between the wotwo walls. one of the officials said maybe five feet, maybe less than five feet. so if that is the case, he's wedging himself between two walls that are about the leng of his body, maybe a little bit shorter, jake. again, just extraordinary. one other quick piece of information, they have another sighting last night. a resident observed him in a creek bed on their property. but the time law enforcement got there he had a vanished. jake. >> josh, you've had previous experience with working manhunts. what kind of challenges are police facing as they try to capture this fugitive? >> well these are resource intensive efforts. you have hundreds of law enforcement officers who are searching for someone who doesn't want to be found. and in an area where there is plenty of opportunity for him to secrete himself into hiding places. now i've been part of the manhunts where you have command posts. to tell you about the work going on behind the scenes, you have intel teams and joint interagency efforts to field leads and they have behavioral analysts to try to predict where he might go. finally it is important to note that law enforcement certainly understands the strain that a manhunt like this puts on the community. you have people obviously that are gripped by fear with this dangerous person that is out there. but they sometimes take time. one manhunt in pennsylvania took 48 days for us to find that suspect who was hiding out in the woods. and so that certainly takes time. but authorities are trying to remind the public. this is a dangerous suspect. we know he's dangerous because pennsylvania tate police have issued a directive saying that authorities could shoot the suspect on sight if he's not surrendering. >> coming up next, among the 91 charges against donald trump, where seditious conspiracy is not on the list. despite the claims about january 6 that prosecutors have already laid out. raise the jar to flavors from the world's finest ingredients. and now, from jars to o bars. new talenti gelato and sorbetto mini bars. ♪ that first time you take a step back. i made that. with your very own online store. i sold that. and you can manage it all in one place. i built this. d it was easy, with a partner thatuts you first. godaddy. ♪ (cheery music) - they get it. they know how it works... and more importantly... it works for them. - i don't have any anxiety about money anymore. - i don't have to worry about a mortgage payment every month. - it allowed me to live in my home... and not have to pay payments. - [narrator] if you're 62 or older and own your home, you could access your equity to improve your lifestyle. a reverse mortgage loan eliminates your monthly mortgage payments and puts tax-free cash in your pocket. call the number on your screen. - it was the best thing i've ever done, and- - really? - yes, without a doubt! - just like these folks, aag can show you how a reverse mortgage loan uses your built-up home equity to give you tax-free cash. - it's a good thing. - why don't you get the facts? like these folks did. - [narrator] call right now to receive your free, no-obligation info kit. call the number on your screen. - [narrator] every day, our lives are filled with choices, both simple and life-changing. what's not a choice? addiction to opioids like fentanyl. but even with opioid use disorder, you still have a choice. by choosing treatment, you choose family, your career and your life on your terms. choose change, california, and find medically proven treatment options at choosechangeca.org. in our law and justice lead, the top leaders of two far right groups that helped orchestrate the january 6 insurrection each got lengthy prison sentences for charge of seditious conspiracy. in may, only keepers founder stewart rhodes was sentenced to 18 years. and he claimed he was waiting for donald trump to invoke the insurrection act. which never happened. and just yesterday former proud boyers chairman enrique tarrio was sentenced to 22 years, the longest sentence for anyone. now tarrio's lawyers called their client a scapegoat for many trump. they saw themselves as donald trump's army and riled up by the stand back and stand by comment in the 2020 debate. and donald trump is facing four counts related to trying to overturn the 2020ection will. two of them are directly relating to conspiring to obstruct the vote at the capitol that day. but donald trump has not himself been charged with seditious conspiracy. why not. let's bring back elie honig so the indictment says on the morning of january 6th, mr. trump and co-conspirators made knowingly false claims, repeated knowingly false claims to gather supporters, falsely told them, the vice president had the authority to alter the election results, directed them to the capitol obstruct the certification proceeding, adding -- >> but trump is not facing seditious conspiracy charges. why not? >> so it's a fair question. i think if jack smith were to answer that question, he would say the difference between the obstruction charge that they did file against trump and the seditious conspiracy charge that they filed against the proud boys is the use of force. in enrique tarrio's case -- >> he wasn't even there. >> but he was involved in planning to use force, discussions about ammunition, how will we infiltrate the capitol? yes, donald trump directing the mob down to the capitol, but he says, and maybe he didn't mean this, but be peaceful and patriotic. >> ely, what is the state of the proud boys and others? >> there's no more big national rallies. you see small groups protesting drag queens. it is a big shift from fighting antifa. and there is fighting whether or not to allow members of white supremists in. but the bigger picture is that proud boys pitch themselves as a fun drinking club and everything was a joke. >> if trump were facing seditious conspiracy charges, do you think that would deter these far-right groups or people who follow trump from repeating the january 6th kind of insurrection? do you think it matters? >> before january 6th, a lot of these far-right groups thought trump had their back. that evaporated, because he did not pardon the rioters. so they say anyone who shows up in protest for him now is a sucker. you saw this in court when one of the proud boys said he was done peddling lies for people who don't care about me. >> could donald trump have preemptively pardoned anyone involved in january 6th? >> you can't say i pardon you for something you do in the future. but he could have said i pardon everyone with everything to do with january 6th and he did not. >> one of the reason prosecutors are doing this, and they're not asking for longer sentences than they're getting, is to deter any future insurrections. do you think they're getting the message? >> i think so. i think her reporting is consistent with that. i give doj real credit here. they did an exceptional job in the way they prosecuted the proud boys and the oath keepers. 18 years, 22 years. judges hit the nail on the head. i think it's hard to overlook that. you can't write that off as oh, it's 18 months, two years. if you are thinking about doing anything like this, that is a clear message. >> do you think so, that it is a deterrence forany future insurrection? >> absolutely. what are they saying in court? please let me have a chance to build a family. >> were you surprised how many started crying in court? >> no, they wore military outfits, but they weren't military guys, for the most part. they want to project being tough, but they needed a crew to have their back to say what they believed. >> it wasn't so proud. >> no, no. not when they are on their own. >> they were boys, though, not so proud. thanks one in all. the lead prosecutor in fulton county believes she can bring her case against trump and 18 defendants in 6 1/2 weeks. hear what the judge had to say about it. call it an ambitious plan, next. uh, yea. i have to watch my ) neighbors' nfl sunday ticket. 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(vo) football season is here. get nfl sunday ticket from youtubetv on us. a $449 value. plus, get a free samsung galaxy z flip5. only on verizon. the all-new tempur-pedic breeze makes sleep feel cool. so, no more sweating all night... ...or blasting the air conditioning. because the tempur-breeze feels up to 10° cooler, all night long. for a limited time, save up to $700 on select tempur-pedic adjustable mattress sets. i'm javi, i'm 31, and i'm a fitness instructor. i saw myself in a photograph. and we were all smiling, and i looked closer, and i was like that- that's what everybody sees? i'm back, and i got botox® cosmetic. the lines were so prominent it's all i saw in the photograph, so now when i take photos, and i see myself in photos, its- it's me, i just have fewer lines. botox® cosmetic is fda-approved to temporarily make frown lines, crow's feet, and forehead lines look better. the effects of botox® cosmetic may spread hours to weeks after injection causing serious symptoms. alert your doctor right away, as difficulty swallowing, speaking, breathing, eye problems, or muscle weakness may be a sign of a life-threatening condition. do not receive botox® cosmetic if you have a skin infection. side effects may include allergic reactions, injection site pain, headache, eyebrow, eyelid drooping, and eyelid swelling. tell your doctor about your medical history. muscle or nerve conditions, and medications including botulinum toxins. as these may increase the risk of serious side effects. see for yourself at botoxcosmetic.com i may be known for my legendary football career, but truth is, i love a bunch of sports. the only trouble is knowing where to find them. that's why i got xfinity. so, i can easily find and watch whatever sport i'm into all in one place without missing a thing. even if it's football, australian football, or football football. in a word—it's fitz-credible. i got to trademark that one. this season, eligible xfinity rewards members can get up to $100 off nfl sunday ticket from youtube. sign up for xfinity rewards now. welcome to "the lead." i'm jake tapper. new attention on the race in 2024 in the senate. one of the so-called tennessee three, the democrats reprimanded for their protest in the statehouse, gloria johnson, wants to face off against a power house republican. she will be here this hour to talk about why she's taking on this tough race. a republican quite familiar to cnn viewers, launches his own campaign in michigan. also this hour, the unannounced trip to ukraine by u.s. secretary of state antony blinken. what his visit they really say about the relative strength of ukraine's counteroffensive and white house efforts to send kyiv more money. leading this hour, the fulton county face into the alleged conspiracy to steal georgia's 16 electoral votes. today, the judge shut down two defendants who wanted their case separated from 19 co-defendants including donald trump. it was the first televised hearing in the case. let's go to cnn's evan pettis. we just watched the pilot episode in this televised trial against @ donald trump. when do we expect to see any sort of schedule, when are we going to see donald trump in the courtroom? >> reporter: well, it may be some time before we can see the former president in a courtroom on trial, jake. the judge really raising some questions about what prosecutors are trying to do. they laid out a timeline. they say they can try to go to trial in october, and they say it's going to be a four-month trial with about 150 witnesses. a judge immediately showing some skepticism about that plan, because he said, you know, there's a lot of litigation

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