We got ourselves a bad man right here 28 ratedr cnn news. Im jim acosta in washington and we are following Breaking News this morning, horrific and chaotic incident on the ground in gaza and a warning. The videos. Were going to be showing you are very graphic. The Palace Tinian Red Crescent as well as several eyewitnesses say, hungry civilians were waiting in line for food. And Western Gaza City when Israeli Forces opened fire on the crowd, Gazas Health Ministry says more than 100 people were killed and nearly 800 were injured. Cnn is unable to independently confirm those numbers. A Local Georgia journalist on the scene says, most of the deaths came from aid trucks ramming people as everyone tried to escape israeli fire before the incident, a dr. Described the utter desperation of people on the ground in gaza this does not im not ashamed to say. Its become normal because we have reached the level of formatters Tens Of Children have become martyrs because of the farmer i cannot wait until my child has merited because of the family. Now, we all have reached a stage that we are not ashamed to go and get a bag of flour. An awesome the idf says the incident is under review. It all comes as the Gaza Health Miryeports more than 30,000 people have been killed in the enclave since the war began, cnns Jeremy Diamond is live in tel aviv for us. Jeremy, this is just awful. What more are you hearing . Well, jim, i spoke with other al zaanoun, a local journalist who was on the ground when this incident happened and what he told me was that as soon as those this convoy of aid trucks crossed into this part of Northern Gaza in Western Gaza City. That thousands of people began to swarm those trucks. This is its an area where about half 1 Million People are really on the brink of famine right now in gaza and following that, within minutes, im told of those crowds swarming those trucks, gunfire erupted. It was coming from an Israeli Military position nearby where those trucks had just come in and how theyre tells us that about 20 people or so were shot in that initial barrage of gunfire that set off a chaotic scene around those aid trucks were told by other and other eyewitnesses on the ground that the trucks then began driving away, plowing into people who were there, and that the majority of the hundred and four people who the Palestinian Ministry of health say were killed, were killed in that ensuing chaos, in part by those trucks driving away in fear. Now, the Israeli Military presents a different timeline. They tell me that after those trucks crossed in, that people swarm those trucks and that they stampede ensued with drivers driving over individuals. They say that it was only after that occurred that Israeli Forces nearby open fire on a group of palestinians who had begun to approach their position. Now that as i said, that contradicts what were being told by multiple eyewitness this is on the ground, including other al zaanoun, a local journalist who has worked with us in the past. But what is clear, jim, is that all of this is happening because of how desperate the humanitarian situation is in Northern Gaza, half 1 Million People on the brink of famine, people resorting to eating animal feed, to eating grass with very little aid being able to get in, in part because these really military has limited access to Northern Gaza aid groups have had Trouble Coordinating with the Israeli Military to get those trucks into Northern Gaza. And theres also a Security Problem because the Police Forces that have been accompanying some of these aid trucks in the past have been targeted by hi the Israeli Military. And so you put all of that together and you have a very desperate situation and a very deadly situation. As we saw today, jim and jeremy, do we know why the aid trucks were ramming the people . Well, according to people on the ground, they rammed people, not intentionally, but because they were fleeing as a result of hearing that gunfire we should note that there were people who are already crowding on these trucks, these really military released Drone Footage showing people jumping and crowding on these strokes in that Drone Footage though you dont see those trucks rushing away and starting to run over people. But what were told by people on the ground is that, that happened after that gunfire erupted. All right. Jeremy diamond, thank you very much joining me now is cnn chief National Security correspondent, alex marquardt. Alex some reaction from the white house. What can do that . We are getting first reaction from the Biden Ministration. I imagine there will be much more to come, but they say that they are looking into the reports. They call this a serious incident and then quote, we mourn the loss of innocent life and recognize the dire humanitarian situation in gaza where innocent palestinians are just trying to feed their families this underscores the importance of expanding and sustaining the flow of humanitarian assistance into gaza including through a potential temporary ceasefire. We continue to work day and night to achieve that outcome. Jim, the administration has said repeatedly that not only are civilian deaths far too high but there is not enough humanitarian aid going into gaza. And it is not getting to where it needs to go. This incident will emphasize all of that, and it will place an added priority on getting to this ceasefire that the us has bork had been working feverishly to try to accomplish alongside their other mediators egypt and qatar. Of course, those three, mediating between israel and hamas. So thats what this statement says, that it emphasized the need for this temporary ceasefire. The administration does talk about this Sense Ceasefire as being temporary, but they certainly see it as a way to getting to a pause in the fighting. So that discussions can then talk, get to Start Talking about an end to the war. We talk about this a lot in terms of hostages who will be released and a pause in the fighting that certainly true, but a major component of that is getting that aid to where it needs to be this incident in Northern Gaza, emphasizing the fact that it is not yeah, theres a level of desperation here that is just getting its just totally Out Of Control as stay with me, alex, because i want to bring in cnn military analyst, retired colonel Cedric Leighton and political and Global Affairs analyst barak ravid. Current late. Lets go back to that Drone Footage. We were just showing a few moments ago because theres this whole discussion, i guess jeremy was getting into to this as to whether the deaths were caused by the aid trucks ramming the people, was it caused by the Israeli Forces opening fire on the surface . That sounds like its all connected what can you tell us . What are your thoughts when you look at what happened . Yes. Certainly, jim, i think one of the key things to look at here is the precipitate cause of these deaths has to be the gunfire for that was unleashed here in against this crowd. And when you look at this video and you take a look and see exactly how the people are gathering around these trucks. How would they were actually desperate for this kind of food . It really begs the question as to why this wasnt better organized. And this this is going to as alex was talking about, this is going to really put a lot of pressure on israel to stop these kinds of actions and to an essence maybe at some point withdraw their forces from gaza, but certainly get to at least a temporary peace cessation of hostilities. And if that happens fins, then its going to be a much better opportunity for aid agencies to get in there. But at the present time, you seek a chaotic scenes like this, and its just really impossible for this to go forward. Its not going to work well in the world of Public Opinion and certainly not going to work well for the israeli goal of trying to eliminate hamas. Because now what theyve done with these kinds of actions is they have really increased the chance that hamas will gain even more adherence in gaza and probably other places. Yeah, im barak ravid. Let me turn to you. I mean, when we look at the Drone Footage, there you know, its easy to lose sight of the humanity. I mean, these are human beings hearings. And this is just getting Out Of Control. It just seems like its out of the control of the israelis and you have to wonder at some point, does the world need to step in and say, you need some kind of independent force, some kind of independent actor in there to make sure people can get aid off of Relief Trucks without people opening fire and trucks running over people exactly, jim and i think for two weeks now, the Biden Administration is warning israel that gaza is turning into mogadishu and what we saw this morning in gaza is exactly that we see those warnings becoming a reality and, you know, both us officials and some people inside the Israeli Defense establishment are saying, we told you because for weeks and weeks, netanyahu refuses to put on the table any plan for whats called the day after which in other words, is how do you prevent such things from happening . How do you make sure that Law And Order is not totally breaking down in gaza so that we see such chaos the Israeli Government did not take decisions. It postpone and postpone and postpone. And you see the result and alex, i mean, what baraka is saying there, mogadishu. I mean, that is not a situation that the Obama Administration or excuse me, the Biden Administration wants to deal with a situation that just sort of unravels to the point where its completely unmanageable Out Of Control. Thats absolutely right. And the Biden Ministration is eager to get to those dayafter conversations that barack was just talking about, who is going to govern the gaza strip. This reformed and revitalized Palestinian Authority whos going to guarantee security we are seeing the Biden Administration and the israelis increasingly at odds where you have talk about a Buffer Zone Inside The Gaza Strip the israelis talking about the need for israel to be in control of all of the security between the jordan river and the mediterranean sea, which of course includes the West Bank And Gaza while the Biden Administration has said that there can be no reduction of the size of the gaza strip where palestinians, civilians, are allowed to live. I think this incident today is really going to accentuate some of that divide, but also the need to get to that so those day after conversations can start. Now, i think the big question that im trying to answer today is, does this incident derail those talks . And remember, President Biden said that a ceasefire could begin as early as monday. I dont think theres really anyone else who thinks its going to start that soon, or will it accelerate those talks . Because now the administration can say, all right, israel, all right, hamas us, we really need to get something done here. Yeah. What do you think, carl and i agree with alex and i think one of the other key things in a more perhaps tactical level is this fact. The israelis dont have a Good Relationship with the hamas police force in gaza. They thats probably one of those bridges too far, but thats the kind of thing if you have over the relationship with the police force, you can help control crowds, you can help distribute aid. We learned the hard way in iraq. When you start disbanding Military Forces and Police Forces, thats going to be a critical problem because then lawandorder breaks down on the local population and sometimes its better to work with the local Police Forces as opposed to decimating them. And thats the kind of thing that i think has happened in this particular case. All right. Alex kernel, upper rock ravid. Thanks to all of you, fastmoving morning lot to get to. But thanks for your time on all of this. We appreciate it. In the meantime, today, dueling visits to the Southern Border ByPresident Biden and donald trump. As the two men are pitching clashing messages on immigration, trump is vowing to quote wage war on bidens border crisis. And the president is slamming trumps visit as nothing more than a political stunt thats all comes amid a historic surge in Border Crossings as immigration has become a top issue and they 2024 election and ahead of november, polling repeatedly indicates voters do think that donald trump at this point would handle the situation better than the president seen in his on the ground in texas covering this story, or Priscilla Alvarez is in brownsville where President Biden will meet with border officials later this afternoon. Kristen holmes is in eagle pass with the trump campaign. Priscilla, let me start with you first. Jim, this is an extraordinary move for the white house, which is distance itself from Border Security for the last few years, this is an issue, of course, that they have grappled with as they have faced multiple surges on the us, mexico border. And sources tell me that within the white house discussions about this issue, were often tense that increasingly became a political liability for President Biden. But Border Crossings have dropped since those record numbers in december. And the Pivotal Point it seems was that failed Senate Border bill that included some of the toughest Border Security measures in recent memory, including an Emergency Authority that would have allowed the Homeland Security secretary he just shut down the border if certain triggers were met. So the president today is expected to give remarks on this and hammer republicans over backing away from this border deal at the encouragement of former President Donald Trump. And in talking to white house officials and campaign officials, they see this as an opportunity to underscore what was in this deal and relay to americans that this could have solved some of the issues at the us border, if not for republicans backing away to please former President Donald Trump and all of this, of course, speaks to the critical moment that were in. Its a president ial Election Year for President Donald Trump has gone after President Biden on this issue, making Immigration A Key Issue of his campaign for the president. Now, trying to flip the script on republicans and former President Donald Trump and take over an issue that up until this point has dogged him jim all right. Priscilla alvarez. Thank you very much. In the meantime, we want to go straight to capitol hill. Defense secretary lloyd austin, testifying about the controversy regarding his lack of clarity on his health. In recent weeks, lets go to that now. The reason for that assumption of duties will be included in writing as you saw, these and you saw these new procedures and action during my hospitalization earlier this month. And finally, the dod Inspector General is still working on his own independent review, which we fully support now before i take your questions, i want to again, make one thing very clear. At no time during my treatment or recovery, were there any gaps and authorities and there were no risk to the departments command and control and from the time that i resume my duties on january 5, i fully participated in National Security decisionmaking on events in the middle east. And about military operations in selfdefense to protect our troops in our facilities over there again, were moving swiftly to put some helpful new procedures in place to prevent any lapses and notification. And i am confident that we will not experience the same issues in the future. So let me again, thank you for the opportunity to be here today and for everything that this committee does to support to stand by the mission and the people or the department of defense, including their families i know you understand this, but one of the best things that you can do right now to support them is to pass a full year appropriation and doing so will ensure that our troops get paid that are civilian employees can stay on a job and that we can continue to procure and feel the very best capabilities to defend our country we need the flexibility and stability that fullyear appropriations provide. Mr. Chairman, Ranking Member smith. I appreciate your leadership on that score, and i stand ready to assist you in any way. And with that, ill be glad to take your questions. Thank you, mr. Secretary . Chairman, now yields his question time to the chairman of the subcommittee on Military Personnel well, the gentleman from indiana, mr. Banks. Thank you, mr. Chairman. Mr. Secretary, help us get this straight at what point during your Hospital Stay did you or your staff decide that the president should know about your hospitalization . As i understand it, my Chief Of Staff contact that the National Security adviser and advised him that id been hospitalized on a Fourth Of July 4th of january. At what point during your stay was 4 january im sorry. I didnt hear how long into your stay was that well as weve pointed out, as its been pointed out earlier, i day it was admitted days after your hospital anywhere, right . Okay. Yes or no. Did you tell your staff not to inform the president , anyone on your staff . I never told anyone not to inform the president. The white house, or anyone else about my highschool hospitalization. Okay. So the 30 day review summary lays a lot of blame at the feet of your staff it seems that that would appear correct for the breakdown in the process, youve told us that you are responsible, but the 30 day review seems to blame your staff. Well, the 30 day review pointed out that that there were some missteps and but there was never any ill intent or an intent to obfuscate one year ago. You told me in this hearing room you had no regrets about what happened in afghanistan, do you do you regret what happened here . Ive said that we didnt get this right congressman. And we put measures in place to ensure that the Notification Process is improved going forward, mr. Secretary, who will be held a transfer of authority, was who are held accountable for this this embarrassment. Again, i take full responsibility and we put measures in place to address the shortcomings. Are you surprised the president didnt call for your resignation . Im surprised. But are you surprised that he didnt call for your resident has expressed expressed full faith and confidence in me. So youre not surprised that he didnt call for your resignation, is it typical that the president would go three days without talking to as Secretary Of Defense. Is that typical or is that a regular posture . Do you usually go days without talking to the commander and i mean, that couldnt happen. It depends on it whether or not the president s on on on travel. If im on travel, there are times when we do go days without direct communications. So the big issue for me here is either the president is that aloof . Or you are irrelevant which one is it, mr. Secretary, that you would go read that the president we go three days without knowing that his Secretary Of Defense is is not on the job. Its neither the president is not aloof and i am i participate in all of the let me ask you this. On january 2, while you were in the hospital, President Biden was vacationing in the caribbean your deputy who the president didnt even know had operational control was on a beach and puerto rico what kind of message does that send to our adversaries the key pieces that number one, the deputy has the ability to have access to secure communications. He has the ability to participate in decisionmaking processes for wherever she is a secretary our adversaries should fear us and what youve done is embarrassed us and let, let me sum this up by this. A leading chinese Propaganda Outlet said that what happened, what happened to you expose, quote, internal chaos. A leading russian Propaganda Outlet said that your disappearance, quote effectively compromise the gentlemans time is expiratory and i recognized as paris as mr. Now recognizes the ranking couple of things to drill down on. One is it is fairly routine that the Secretary Of Defense will be in places where you are not able to do everything you need to do and that authority is transferred. I think a lot of people dont fully understand this. So can you walk us through how often does it happen that you are in a place where you cant do you cant be as responsive as you need to be so that you pass the authority onto your deputy secretary thanks. As pointed out in the 30 day review, there have been a number of times in in the past where we transferred authorities because of my inability to have access to secure communications. And then once i had the ability to have access again to secure communications that was transferred back so that the number of times that thats happened is outlined in the 30 day review. It was there again, just to emphasize, but is there any time . During this process in the first days of january when you were in the hospital, anytime whatsoever, when the deputy secretary wasnt in a position to fully carry out the responsibilities of the Secretary Of Defense, regardless of whether she was in puerto rico or mexico or maralago, or wherever she was in a position to carry out all all of the authorities that she had as the acting Secretary Of Defense in that instance, correct . She is legally and logistically position to assume the functions and she was youre right. In a position to be able to support the president as, as Chief Of Staff as as we made decisions. So commanderinchief so she always has secure communications with her, just like me and she has a Situational Awareness that thats needed to be to be able to make effective recommendations to the president and she working with the chairman of the joint chiefs and also the combatant commander, would propose options for the president in any situation certainly, one of these i want to emphasize is this hearing goes forward, is not to use this to the advantage of our adversaries to use it as a partisan attack. There was nothing embarrassing about what happened here. There was nothing that makes us appear weak. The United States, as all of this was going on, as has been pointed out, was carrying out strikes against our adversary in order to protect our force we were doing everything that we needed to do to meet the National Security needs of this country and if members of this committee incorrectly imply otherwise, they are merely giving aid and comfort to those adversaries that they claim to care about confronting. And i will also One More Time emphasized that if we care about confronting in our adversaries rather than nitpicking the Secretary Of Defense about his precise process in this situation, we should go ahead and pass the National Security supplemental that the senate has passed with 70 bipartisan votes to precisely meet those National Security needs. Whatever russia and chinese Propaganda Machines may be cranking out about this situation. I assure you it pales in comparison to what theyre cranking out about the fact that they think the United States is getting ready to abandon our ally and ukraine. I would challenge any member on the other side of this. Aisle to claim that the Secretary Of Defense not fully informing the president for three days is somehow more important than walking away from that obligation that we have made and that the whole world is watching us on. And with that, i yield back to your recognizes the gentleman from south carolina, mr. Wilson. Thank you, chairman. Mike rogers, Secretary Austin The First One i wish you is full and speedy recovery. And sadly, were here today because of the failure properly communicate directive 3,020. 04 of the department of defense, which is critical information requirements through the Chain Of Command to President Biden. As a grateful veteran myself, along with you the American Armed forces. We both understand the crucial role of the Chain Of Command to provide timesensitive information to make the right decisions at the right time. When communications fails. But there is an increased risk to mission success. But more importantly, increased risk to the servicemen and women for this, to me, its personal as they 31 year army veteran myself having four sons who served in afghanistan and iraq and egypt. And currently my District Directors deployed in africa. I just take this personally with the south China National guard that your service is just so critically important and i appreciate having worked with you before your appointment and we need to approve and capabilities more than ever as we are in a war, we did not choose of dictators with rule of gun, invading democracies with rule of law. It began february 24, 2022, with War Criminal Putin invading ukraine on october 7, 2023, iran puppet hamas invaded israel as the Chinese Communist his party threatens taiwan. Sadly, biden openborders for terrorist makes eminent more 911 attacks across on American Families. And we need our state National Guards to be ready for duty every family actually should have a rally point when communications are cut within an attack with the current global threats. Today, their attacks on american and our allies. And by iran in the middle east with the lack of Proper Communications to grade our ability to respond again, i would emphasize that there was never a breakin command and control. There was we transferred authorities in a timely fashion. What we did and do well, was a note of a notification of Senior Leaders measures in place to i deeply regret the response we had was ineffective by delaying a response and it shouldve been an Immediate Response on launch sites. And it should have been very effective and there should have been no notice so what was done really has put American Families at greater risk. And as i conclude, own, expressed sympathy for the family of alexey navalny, who was assassinated by War Criminal Putin his widow, yulia, is a hero for the oppressed people of russia. I yield back chair now recognizes the gentleman from connecticut, mr. Courtney thank you, mr. Rogers. And thank you, mr. Secretary, for being here today and for your 40 plus years of service to defense of our country. Again, just to sort of walk through One More Time about the fact that there was no gap in terms of authorities and who is in control of the department . You want it to Critical Care on january 2, your staff then executed the law in terms of notifying the deputy Secretary Of Defense that she was in charge. And as a result, i mean, there was seamless there was there was just never any moment oh, man where there was any absence of authority within the department isnt that correct . Thats correct, sir. And again, it actually it was the Armed Services committee back in 1962 that passed the law that again made this process happen. Again without any action, special action of the Secretary Of Defense its different actually than the 25th Amendment Of The Constitution where if a president is going to go under anesthesia or is incapacitated there. It actually says in Section Three of the amendment that there has to be a voluntary surrender. Again, going back to president reagan, he actually executed documents filed it with the congress notifying that that was going to happen. Thats not the way the law works for the department of defense. Again, it happens again if the secretarys unable to perform duties, then thats it. The Deputy Secretaries in charge isnt that correct . Thats correct, sir. And then on january 8 before even the 30 day review or any of the recommendations, you already moved to put into place regulation that basically states that this now will be communicated in all instances to the president United States. So that whatever confusion surrounding the lack of communication now has been now codified. At the department to make sure it doesnt happen again, isnt that correct . Thats correct, sir. And we had the opportunity to put those procedures and play when i went back to the hospital on february 11 and it was timely notification in a seamless fashion. So speaking of gaps, lets talk about the supplemental because on february 3, the United States senate, actually by a vote of 77 to 21, it was more than the 70 votes than my friend mr. Smith cited overwhelmingly endorsed a package which will provide 60 billion hours to ukraine who is in a very dire state today so 16 days later, were here in this room. Were thankfully, it looks like were going to move forward on fy 24, final package soon but the fact is that nothing has happened in the house to follow up with the senate to the speaker explicitly said he will let the house work. Its well in terms of next steps with the supplemental package, i think everybody in this room knows if the bill was brought to the floor, we would get an overwhelming majority vote, pretty darn close to two thirds. Ive talked to some republicans. He said it would be 300 votes. Whats, whats the risk . Whats that risk up that gap in terms of our National Security and helping our allies were seeing a risk play out on the battlefield each and every day as as We Ukrainians fight valiantly to defend their sovereign territory. And i would remind everyone that worked with our support and providing security assistance. Theyve taken back half of the territory that that russia seized but each and every day, we see the russians continuing to push and make incremental gains. And thats very troubling. Without are, without our support. The ukrainians will be outgun in terms of artillery and and theyll also be at all right. Were going to break away now. Were gonna break away now from that hearing. You, President Biden speaking on the deadly incident in gaza, weve talked to told you about the top of the errorless listen i was on a telephone. Was following up by one second. Now, like now i dont have i, dont agree with that. All right. There was President Biden commenting on that deadly gaza of Food Truck Incident that we told you about at the top of the hour, president there saying that he knows that this will complicate the negotiations that have been going on about releasing the hostages from hamas and also getting some sort of a ceasefire in gaza. Let me go to cnns Arlette Saenz hes over at the white house right now. Arlette, we heard the president just a few moments ago addressing all of this and it was earlier this week when he sounded very hopeful that there might be some kind of a ceasefire hostage release agreement, but that is going to be in doubt now, given what we just saw earlier this morning yeah, theres Big Questions of whether those negotiations would be able to be met by that monday timeframe that President Biden had previously outlined. He said at the very top there that hope springs eternal, but also acknowledged that it actually might take a bit longer for those negotiations to conclude and come together. But i think that what he said in response to question for me about the situation in gaza city was quite noticeable. The president acknowledging that he believes that this deadly incident, a while theyre still working to determine exactly what happened. He does believe that it could complicate the negotiations that are underway. A us officials have been working around the clock with quite a bit of urgency trying to get the sides to an agreement to release hostages, get more humanitarian aid in and have a temporary ceasefire. Now, the administration will really be watching this all developing very closely to see how this gaza city incident might impact those talks going forward, the president has been quite keen im trying to get some type of release deal done for these hostages and us officials have also been working towards that timeframe of the beginning of ramadan when they hope to have some type of an agreement. So we will see what else the white house has has to say about this specific incident involving those aid trucks in gaza city or earlier they said that this is a serious incident and they will be trying to get the information about exactly what happened as quickly as they can. But certainly the president there at least acknowledging that it could complicate, brings some difficulty to negotiations that are currently underway. All right. Arlette seinz. Thank you very much. And we were showing that Drone Footage shot down in gaza where this Food Truck Incident happened earlier today . Absolutely. Devastating images coming out of gaza this morning, well have more on this as the day develops, well be right back how do i look good boy we already young republic let me do my work and some pride. Sorry streaming exclusively on max okay. Everyone our mission is to provide complete balanced nutrition for strength and energy. Ensure with 27 vitamins and minerals, nutrients for immune health, and ensure complete with 30 grams of protein i, wont, let my moderate to Severe Plaque Psoriasis symptoms define me emerge as you with trump via most people saw 90 clear skin eye for months. And the majority stake clearer. Id five years cbs allergic reactions may occur. 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Cba wildly adhesive United States of scandal with jake tapper on sunday at nine on cnn the Supreme Court is handing for President Donald Trump a big win even before issuing a ruling, justices have agreed to decide whether trump can claim president ial immunity from prosecution. The court will hear arguments the week of april 22. It could take months to hand down a ruling after that. That means his federal trial on charges of Election Subversion may not began much less end before the president ial election. Lets discuss all of this joining me now, cnn, senior Law Enforcement analyst, andrew mccabe, a former Deputy Director over at the fbi, Republic Public and strategist, doug heye and cnn senior crime and justice reporter caitlin polands andrew ligo to you first. I mean, did the Supreme Court basically hand trump a gift here . Thats what a lot of folks have beeng over the last 15 16 hours since this came out, whats your sense of it in all likelihood, a massive gap . I mean, his strategy all along in these cases has been to postpone them until after the trial. What happened with yesterdays decision is in all likelihood, the january 6 case will not go to trial before the election. Now its hard to predict because there are so many variables in between where we sit today and actually getting that case in front of a jury. But when you start to walk through the dates and supposedly quick schedule, but in reality, not nearly quick enough schedule that the court has put their own hearing on you. Think about the other cases that are trying to jump into those months. I think its its really hard to see this going for the trial and kaitlan, this is not what jack smith wanted. The Special Counsel, not exactly what they wanted, although the Special Counsel did ask for something that looked like this, if the Supreme Court wanted to hear this case. Now, the Special Counsel, they wanted to hear them to hear it a long time ago, and they also wanted them to not hear it at all. They wanted it to stay with what the lower court, The Dc Circuit said in their strong unanimous opinion, saying trump would not have immunity. But the Special Counsel asked for a schedule that would be quick and they wanted the Supreme Court to settle all of the questions here. The Supreme Court said that they would do both of those things and what the Special Counsel also said is they theyve never said they want to try this before the election. They just want a resolution as quickly as possible. And if the Supreme Court were to take this, they want it to be resolved by the end of the Supreme Court term. And so that is what it appears the Supreme Court is going to do. What happens after that . That is totally up to year. And doug, as you know, i mean, polls show public approval for the Supreme Court has taken a hit and then the last couple of years, big reason why the Dobbs Decision overturning Roe Versus Wade might this handling of the Immunity Situation contribute to that potentially. So look, weve seen an erosion in support and anything thats an institution in this country and even globally, certainly, the Supreme Court, congress, the presidency, regardless of who that president is, the media, the nfl, anything we look at, theres less public support and trust. But this is something that donald trump has been able to exploit to his benefit. So whatever the decision is whether its a postponement which works for his sort of Four Corners Offense to delay everything or a decision against him. Youre donald trump is able to advantageous itself himself with this. And its part of a longterm strategy for him. And its worked for him thus far. It has worked. I mean, andrew i mean, what are the questions i have dissolve this call in the question whether it was a good idea for the Justice Department to go after the little fish first, work their way up to the big fish. They they may not get to the big fish they may not. And i think there are very legitimate questions about what took them so long to start shifting their focus or i should say splitting their focus between the rioters and one hand and the actual alleged coconspirators in this effort to overturn the election we know theres been a lot of reporting about concerns and reluctance among some some in the fbi to even pursue the Search Warrant at maralago. So i think would be appropriate to go back and look at the reasoning in the decisions that we now know cost. The government, maybe two years in the investigation of the absolute uppermost levels of this conspiracy. Whats your sense of why, why didnt they go after trump sooner . Its a great question, jim and i cant answer it sitting here but i think that theres a lot of potential factors there. Theres certainly i mean, the bureau has not had to look far to find themselves receiving a beating from another member of congress or more particularly from folks on the right, theres would be an Undersea Stand Double Reluctance to wait into a highly politicized investigation, one in which they know half the country would essentially look askance at it. So but those are not reasons to not do the job of protecting the country and upholding the constitution. So these are questions that really need to be answered. And kaitlan, you and ive talked about this issue before. I mean, whats your sense of it i mean, as to the strategy that the Justice Department had it, they may not get to try donald trump before the election. Yeah. I mean, remember where things were in 2020. I i dont know if were looking back. We can say if they did the right thing or not, but at that moment in 2020, we were coming out of the covid pandemic, the Justice Department had a backlog of cases going through the courts and then all of a sudden they were looking at trying hundreds, if not thousands of cases, potentially, of rioters. And so the department started small are not small. They started small in a geographic sense. They drew a line and said the people who went into the building first, thats who we focus on. And thats how the riot cases started. And there was an overwhelming whelmed sense, at least in the prosecutors world of how are they going to handle all of these . They eventually got up to speed but again, that is a different thing. Then looking at the Political Class and whether there should be charges against people and i mean, can you imagine if even under the best circumstances for jack smith that they get this trial going in september, october, early early voting starts going potentially. And this is part of the argument that every republican candidate should have been making. Nikki haley certainly is now donald trump is going to be distracted by court cases and cant be on the ground in swing states and its amazing how quickly things change in politics in the context of yesterday with Mitch Mcconnells announcement, when Merrick Garland was a martyr for democrats. If you look at the chatter around Merrick Garland, the Department Of Justice today democrats are apoplectic and they go after him almost every day. He went from martyr to at this point being a huge disappointment and this administration for democrats and andrew, are you surprised that Clarence Thomas has not recused himself and all this . I think thomas is connections through his wife to the pre january 6 activities raise legitimate questions about whether or not he should be involved in deciding any case this is that touch on january 6, certainly including this one. Yeah. Justice rehnquist, we should know, recused himself in usa versus nixon. Thats right because of his connections are some of the figures in the Watergate Scandal thats our kaitlan. One last question. A judge in illinois ruling that trump engaged in insurrection on january 6, saying trump is now ineligible to appear on that states ballot were waiting for the Supreme Court to weigh in on colorado too. We are calling its going to affect colorado, illinois, and may now those are the three states courts in colorado and illinois say that trump is ineligible to be voted for in their primaries. Maine, it was there the people who run the elections there saying that what is happening in illinois a little bit different though, because the way this decision yesterday came in is it empowers the state to figure it out and says, if the Supreme Court overturns what were doing here, sure will take him off the ballot. We wont count his votes. But the way its set up is the Supreme Court now has the stakes raised for them not only to make a decision whether states can do this, can they remove trump from the ballot . Can he be called an insurrectionist . Does this apply to the office of interest . And we all thought that the Supreme Court would punt on the Immunity Issue and perhaps give trump a favorable ruling on this challenge, this ballot challenge. What if the reverse happens . Well, its all 100 betting on that. I dont think we can predict what anything will happen here, but a lot of its coming down to timing. Timing. Timing, timing not just on the trials, but also how quickly the Supreme Court works in this 14th amendments like Relationship Status on dating apps. Its complicated. It is common and trump has played the delay playbook masterfully. I mean, you have to, you have to say that is exactly what has worked out in his favor. Kaitlan, andy and doug guys. Thank you very much. Appreciate it. Coming up. We should note right now, defense secretary lloyd austin has then on the hotseat, remains on the hotseat. A live report from the pentagon is straight ahead. Stay with vegas the so youve sin city sunday at ten on cnn its time yes. The time has come for a fresh approach to dog food every day. More dog people are deciding its time to quit the kibble and feed their dogs fresh food from the farmers dog made by that and delivered right to your door. Precisely portion from your for dogs needs. Its an idea whose time has come want to know a secret more than just my armpit stink. Thats why i use secret whole Body Deodorant everywhere. Were all human. Its okay to smell like one i smell very human real, which is totally normal girl breach. 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Its happening. Get started for 49 a month. Plus, ask how to get up to a 800 prepaid card with a qualifying internet package. Dont wait, call and switch today call 1803558999, or visit home serve. Com the source with kaitlan collins. Tonight at nine happening now up on capitol hill defense secretary lloyd austin is testifying before Congress Members of the house Armed Services committee are asking for answers about his failure to inform the white house senior officials about his recent hospitalization and Tosh Bertrand is over at the pentagon for us. Natasha, what are you taken away from this well, jim, its a lot of questions to secretary austin about just how this happened because it happened not only once but twice when secretary austin went into the hospital for a procedure for followon care and did not notify either his deputy or the white house that he was going to be receiving treatment in the hospital and be engaged in the icu. So not only that he was entering the hospital for Prostate Cancer early in december, but also again for followon care for following complications from that surgery in january. And so the questions from the house Armed Services committee here have really focused on whether there were any gaps in power during that during his hospitalization, whether there was any moment when there was a lapse in the Chain Of Command and secretary austin has been extremely adamant that there were never any gaps there that he immediately delegated authorities to his death bd kathleen hicks, when his staff realized that he was going to be put into the Intensive Care Unit at walter reed, but still questions remain of course, about why there were so much secrecy surrounding his hospitalization. He did not notify the white house after his january hospitalization until two days after he first entered the hospital. There and it was not until friday, three days after he entered the hospital that congress and the general public were made aware that he was hospitalized. And so theres a lot of bipartisan agreement here on this panel about the fact that these notifications to the public, to the white house, to his own deputy, they obviously need to be fixed. They need to be done better. And according to austin, he has reiterated that after a 30 day review by the pentagon, there have changed there have been changes that have been made that he says are going to address a lot of these issues, but clearly, a grilling here on the hill trying to get to the bottom of what exactly happened jim all right. Natasha bertrand. Thank you very much. Of course. Well be watching that quick note before we go. I do want to say my condolences to the family of comedian richard lewis, who passed away. Hes a friend of mine. And i will ms him dearly. I thank you very much for joining us this morning. 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