talk about his faith and all the others have been held hostage for 262 days. good evening. thanks for joining us. we begin in tonight with breaking news, new reporting. the president biden is being steered away from the message many expected him to lean on heavily in thursday's cnn debate and toward something more confrontational seen as kayla tausche has the story joins us now from the white house, what are you learning? >> anderson, we're learning that several prominent democrats have been urging president biden to take a different tack on the economy on thursday's debate stage, arguing that his traditional inclination to lean on his record of accomplishments, the 15 million jobs that were created in the economy that's resisted a recession simply are not landing with voters who continue to be frustrated about the cost of living and have given biden an approval rating on the economy that continues to lag that trump in private conversations with members of the white house and the biden campaign. four sources telling me that they have made this argument directly to biden's team saying that the president needs to go after donald trump for cozying up to corporate america and draw that stark contrast between what his future economic plan would look like and what trump's plan would look like us president biden, when asked by erin that last month, whether the economy had time to turn around, he was defensive and he said, it's already turned around pointing to some of those data points that i just listed about polling potentially being wrong. and americans simply not getting it so certainly there is some frustration on biden's behalf that he's not getting credit where it's due, but he's going to have to strike a balance on the debate stage on thursday of trying to prove that progress has taken place while still acknowledging that many he voters don't feel it. >> would this be a strain, a change in strategy, just for the debate or for the campaign going forward, it's been communicated as a change that needs to happen in the eyes of these sources who are in touch with the white house the campaign over the homestretch of the race, which many see as kicking into high gear with thursday's debate, they argue that the president has not shifted his messaging fast enough. he's continued to lean too heavily on his record, which clearly voters, according into his poll numbers are not agreeing with. now, i reached out to the biden campaign who pointed to a new ad that's running in battleground states in both english and spanish were the president speaks directly to them and he says that he understands their struggled to make ends meet and that things are not the way that they should he is also expected to talk a little bit more about this. the challenges that many americans face. and he's begun talking more about the work that still needs to be done, of course is slogan it's finishing the job. so we've seen a slower shift over the last few months in that messaging. and anderson, but top allies of the white house say it needs to be done faster and sharper. >> all right. kayla tausche, thanks so much for his part of the former president. his supporters have begun taking the traditional pre-debate staff of lowering expectations and praising his opponent. but it's a tradition he can't seem to stick two on thursday, for example, he's adjusted the present biden be a quote, worthy debater by saturday, he was back to completely making stuff up so a little before debate time, he gets a shot the and that's they wanted to strengthen them up so he comes out, he'll come out okay i say he'll come out all jacked up. >> right. all jacked new york times senior political correspondent, bestselling trump biographer maggie haberman joins me now i mean, obviously he has no shame. >> any make stuff up. >> but it's very inconsistent. >> i mean, it's one moment, it's he's a worthy debater. and then it's, he's going to it'd be doing massive menchu cocaine. >> yeah. it's a microcosm of the donald trump and his team that we have seen over nine years now, which is his team wants him to do one thing. he does something else, and he sometimes can stick to the script, but then it goes off of it, which is why predictions of how he is going to actually be in this debate are probably not worth very much. we know that he has been preparing for this debate in the way he does with sort of policy sessions as opposed to classic behind the podium matches. but whether he is going to absorb what he's learning there and whether he is going to come in interrupting president biden less than he did in 2020. and their first debate is an open question because he does it's what he wants to do. >> i want i just want to play something else. you said at the rally over the weekend how should i handle him? >> should i be tough and nasty? or should i be? should i be she say no, should i be tough for nasty and just say you're the worst president in history or should i be nice and calm? and let him speak? >> i mean, do you think does he sort of change in the moment just riffing how he feels in the moment, or is it something he thinks of as he's going to bet that night and just thinks in his head doesn't tell anybody like some some i think sometimes he plays around these things on his own. i think sometimes times as you see, he pulled tests it because he thinks it's going to please whatever crowd he's in front of whatever's on his mind is often what he does with these crowds. and it could be anything, it could be he has been pole testing everyone about vp at various fundraisers and this is along the same leinz i was thinking though as he was saying that i think he will be both. i think he will likely interrupt less because i think that's the lesson main less neto it from the last debate or their first debate in 2020. and i think he will be very mean toward button. i will be very surprised if he is anything other than that i want to bring in scene and political commentators, republican strategist, i should michael singleton also former biden wine hosts communications director kate bedingfield, first of all, what do you make of this new reporting of kayla tausche in your view, should president biden go on the attack rather than lean on his accomplishment? >> yeah. look, i think his primary task in this debate is to show people what the choices and that is, he's got to do that by driving aggressively at trump, going at contrast, taking the conversation to the places where trump is most vulnerable. we know that's abortion. we know that's january 6, and democracy i think he absolutely needs to be aggressive. i am not of the mindset that that means he can't speak about his record in the debate mean part of what he's trying to do is show people that he's done a good job in the first four years and he deserves four more. and so he can absolutely talk about the things he's done to get our economy to a better place than many thought it would be four years ago. but he's got to do it in the contrast frame. he's got to do it by saying donald trump's vision for the next four years would make things more expensive for you. and he's really got to make sure that he's never just talking about his own accomplishment. but driving it to a choice, but that's really what he's trying to do in this debate people, as you know, history shows from components incumbent presidents is very hard, usually in their first debate, even president's fledged and obama, david axelrod has talked about this, who knew that history. >> they still find it hard and part of the reason is because often they do feel a they haven't had people pushing back in their faces for last four years and also they do feel like they want to talk about their accomplishments. even if there's accomplishments may not be felt are perceived by large numbers of people. >> yeah, absolutely. i mean, it's a natural instinct. you can understand if you've been present in the united states for four years, you've been working hard, you've gotten things done, you feel like you want to make a case to the american. >> how do you overcome that? >> it will some of it is about prep, some of it is about working through how you answer a question in a way that drives to the contrast you want and brings trump in and doesn't just make it about reciting a laundry list of accomplishments that are important and meaningful but may not feel in the moment like their lands in people's lives. so it's really thinking about how do you answer a question in a way that brings it back around to donald trump and isn't, doesn't just leave you sort of saying, well, look what i've done and that's enough because it really is about a choice and that's the theory, the biden campaign has had from the outset, right? but the way they win is by drawing this contrast and that when they have the trump versus biden comparison, trump is on palatable. and so that's, he's got a really stick to that in this debate. >> sure. my golf mean trump is even rusty or he has not been in the arena really for the last while he was and he's been talking to i mean, there's been an arenas, but just in long grambling soliloquy is yeah. i mean, look, if it's been awhile for the former president, it's been awhile for the current president. i think it's important for both of these men if i can take an objective analysis here to really drive home with their plans are for immigration and for the economy. >> if i'm advising president biden, i want to be contrite. i want to acknowledge that while thing he's have improved, i get that for most people, you're not filling those things materially. this is what i'm going to do if given another four years, if you're donald trump, you wanna make a contrast from president biden to say, look, he's been given four years, things have not gotten better, things have gotten worse by some metrics. this is what i will do to improve your lot in life. both gentlemen are going to have to wrestle anderson. i would argue you were trying to accomplish two different things if they're wanting to achieve some level of measurable success at the end of this debate. >> but mega i mean, that sounds for rational candidates. yes, that makes sense for what this debate very could easily devolve into. i mean, you don't hear a lot of policy from donald trump. i mean, that's just not what his thing is when you do here and it's an incredibly broad strokes and most of what you hear is him condemning president biden. and i spec that you will continue hearing that. i mean, i also think trump is going to have a different set of arguments against him by president biden than he has had in the past. what what came up over and over and over again when president trump was in office as president, was questions about corruption, questions about investigations he was facing. obviously, there's going to be i think references to the criminal case and i'm sure that you will hear the current president talk about that, but i also think jen o'malley dillon, the campaign manager for joe biden or who is running the campaign, had align with john holman in puck. this morning in an interview where she basically made clear that the contrast is going to be i'm joe biden and i care about you and donald trump only cares about himself and people like him, and that's the, he's a rich guy contrast. and so i do think you are likely to hear the incumbent president deal with that. i don't know what you're going to hear. trump's say in response sure. >> michael, i just want to play something of how the foreign president's claims he has been preparing for the debate and preparing by taking questions from you and others if you think about it, we had a great meeting just now and philadelphia with the at the shop. >> you saw that with all the wonderful people. we just left, faith and freedom in dc. and that was incredible but i'm preparing by dealing with you. your tougher than all of them. >> i mean, it's like i don't think that's true, but if that is true, i mean, that's a gift to the biden ministration, obviously because the soft balls he gets from people at set up events are obvious, like is different. every canada is different when i worked for mitt romney he had a a very, very arduous debate prep process. i wasn't a part of that. that was still growing in my political career. but when i worked for new gingrich, a great debate are really smart guy, deepen the policy stuff. dr. carson was very different. you really happens what a prep candidates where they are and was based upon their strengths and weaknesses. i hope that the trump campaign is focusing on that, but i want to say something here quickly to a maggie was just saying if president biden spends much of his time talking about january 6, were talking about democracy with sand i'm trump doesn't care about you. >> that does not provide an answer for what he's going to do for the next four years. >> if i'm a voter and i'm thinking i already have my opinions on donald trump already have my opinions on joe biden. joe biden is talking about how terrible trump is by trump is saying, okay, but the economy sucks under joe biden, but immigration as a problem i'm under your joe biden, but the world is on fire because of multiple foreign conflicts with aggression from china, with aggressions from russia under joe biden. >> that is a very, very clear contrast. >> i get, bring it up the point maybe once or twice, but if i'm buying, i'm talking about what i'm going to do for the next four years while understanding where people currently are to do the alternative primitive will be a drastic mistake in my opinion president biden does sometimes get tripped up when i mean, i think he has natural inclination to go into details on policy details on things he other legislation he has passed in his long storied career and that can get tripped up. >> and when you're facing somebody who doesn't need to go into any details on any policies i mean, he used to have a policy when he was first running about going to iraq and taking their oil and surrounding the oil fields with soldiers and just sucking all the oil out. >> it made no sense, but how do you argue against that? >> well, some of it i think is under i mean, part of what they're trying to do here is illustrate that trump is not fit to return to the oval office. so i don't think i don't believe you do that by having an extensive policy debate back and forth. i don't think that that's where most of the audience is going to be focused. i think that that takes you down rabbit holes, that sort of feels disconnected from people's lives. we could talk about whether what that means about the state of politics. but i think that that's true. so for some of his biggest political vulnerabilities but also forcing him, i mean, sort of tisha michael's points are forcing him to talk about what are you gonna do for the next four years? what are you gonna do to help people across this country and really taking it to the offensive rather than spending all of that time on the defensive defending himself and his policies the problem with that though, is that trump has been president before. and so they're there for whatever reason and there's a lot of debates as to why a big factors it seems to be the post-covid period. there are a lot of people who feel like their lives were last good in 2019 and trump happen to be president then. and so that's, its, he's button is not facing saying a tabula rasa is facing somebody who has absolutely not. but i also think that's part of biden's task is to remind people of the things that they disliked about trump. the thing that most, the most outrageous immigration language the things that were off-putting to people or motion tree covid riches, which is a hard, which is a lot of people who agree with trump but here's the thing about, but here's the thing about trump's duration policies. they agree with tougher policies. they don't agree or like the most hateful rhetoric, the saying, immigrants poison the blood family separation. >> well, i would agree with getting trunk if biden doesn't have to win on immigration, that's the other thing to remember, right? >> he has to mitigate damage from cellphone immigration. he doesn't to win the debate on immigration and on the crime to of the driving the car if he's driving the conversation to the worst parts of trump's immigration policy that's a good thing for a little their capability phil, thank you. >> sure. michael singleton, maggie haberman, thanks. coming up next, the 360 exclusive conversation, the house speaker emerita nancy pelosi, and what she expected i see on the debate stage and the issue she feels will motivate voters on election day. and later, my conversation with the parents of hersh goldberg-polin, one of the eight americans being held hostage in gaza is disturbing new video of his abduction on october 7 has released what 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national airport this is cnn given tonight's breaking news thursday, cnn presumptive presidential debate could be more confrontational than the contentious affair many already expect it'll take place with remarkable number of potentially historic issues on the table. >> there for of course, the former president is crimes and upcoming criminal trials. there's his promise of retribution and vengeance against perceived enemies. the supreme court could rule peen on debate de, on the question of presidential immunity. and today marks the second anniversary of the court overturning roe v. wade with all of that to talk about, we're joined tonight by california democratic congresswoman and house speaker emerita nancy pelosi, speaker pelosi, thanks for being with us two years since roe v. wade was overturned, reproductive rights have been a motivating factor for voters and state elections and ballot initiative since then do you think that will still be the case in november yes, i do. >> as i did in the last election. and the 22 election, people said, oh, forget it. the dobbs decision is in the rear-view mirror said no, it isn't. it's a look for kitchen table. it's right there as an economic issue for people to make decisions about their families if and when they want to have a family, it's an economic issue. it's a freedom issue. so today as a temporal marker, two years since the dobbs decision all over the country, the democrats are having a drumbeat of support for women not to say we, as the republicans do, we're not for birth control, but were for controlling women. a big difference. this was one of the accomplishments of his administration. what's his name? what he was there a overturning roe v. wade, his other big decision was a tax bill that gave 83% of the benefits to the top 1% the worst job creation records since herbert hoover at the same time, joe biden's under his leadership, the public and private sector working together 15 million jobs created back to the kitchen table what's his name says? obamacare sucks. i hate using that language, but not that much obamacare sucks. no, it doesn't suck. it cures and joe biden has has taken us to a place where we have expanded subsidies to lower cost for more people. and in the ira bill taken the cost of insulin from five $600 a month to $35 a month for seniors on medicare so the cost of living when we talk about it, we're concerned about it, but we also understand that access to health care and prescription drugs is an important part of that and certainly the size and timing of our families will with this debate, incumbent presidents have often stumbled in their first debates. >> obama i mean, the list is a long one. what do you think president biden needs to do in this debate? because we were just having this discussion about a number of those issues. would you talked about and you cited in a way that's very positive for a lot for the president to talk about. but there's a lot of people listening who don't feel their lives are better well, here's the thing, and i say this all the time. people don't vote for you because you say you deserve for what you have done. what you have done, just proves that you can get the job done. and again, you're there. give me a tax cut to the top 1%, or you're creating jobs for the mass of an economy that bubble what's up and grows from the middle so i always say to people when you're running, don't talk that you deserve it because of what you've done. but at demonstrates that you are capable and what joe biden will do, he will protect a woman's right to choose. he will, again continue to expand the economy from the bottom up. he will be there to protect our planet as they are trying to undo what we did before. so we have to protect what we have done. but it's not enough. we need to show where we go from. here right down to that kitchen table, will nudge right? to choose job creation, lowering the cost of education. the list goes on and on. >> some polls have shown present biden lagging his previous levels of support with key parts of the democratic base, young people, african american voters, latin voters, women what do you mean? does that concern you? does that keep you up at night well, i saw a poll today that said among young people 18 to 30, that biden was ahead by 23 points. >> that people did care a about a woman's right to choose lgbtq and minority issues. they cared about. the planet and the rest. so again, we don't agonize. we organize to get out that vote. as you know, i came up through the ranks as a grassroots political organizer, width which says we just have to own the ground in order to win elections that mobilization requires a message that is inspiring. and i'm so proud of giovanni. and by the way i have a nose for good campaigns and i am so encouraged by what i smell and see around the country owning the ground. so i feel pretty optimistic about it and i feel very proud of joe biden and i know hell do a good job saying what we're doing next? you know, what we're doing next, i have to ask you about what the former president has been saying about january 6, the former president has referred to people who've been prosecuted due to the actions they took in january 6 attacking police officers, breaking into the capitol. he referred to them as hostages. he's called them political prisoners at a recent rally in las vegas. he called them warriors do you think, if he's reelected, he will try to part in january 6 defendants, but but when you hear him use those terms as somebody who was there and had to flee. i mean what does that what do you think of that well, i think it's very sick. >> you know, i always like to quote our national anthem that we have to prove through the night that our flag is still there. and we have to prove through all this difficulty of all the misrepresentations that he is putting forth. it's really sad that people even fall for that but the fact is we had to prove our flag is still there by showing the difference. we talk about honoring our first responders are men and women in uniform? >> yes. let's do that. let's not praise and call warriors, people who attacked them over well over 100 lawn for some people injured that day, some died within a big because of that. this is again, we were there, we saw it. what's tragic is, is horrible as it was. and the members know how horrible it was. these people were coming through the dome, the dome of the capital but we'll let lincoln built lincoln built that joined the civil war. and he said we must continue to build it even though we're at war to show the resilience of america. lincoln's dome, nazi, and confederate flags under their deaths location disrespect for the people who make the congress run in terms of the workers of course, a threat to all of the members of congress. they were there, they sought some of them, even talked about it that night, but then they changed their mind for some reason, they've decided to engage in revisionist history about what happened that night. we going to meet a believe what i see with my very eyes. or you want me to believe what you have to say about it. you yu former president who was incited an insurrection on the capital of the united states. this beacon of liberty to the world and insurrection against the constitution of the united states the day the constitution required us to validate the election an insurrection against the congress of the united states. that now some of those members are changing their tune for some reason. that's why we really just have to be go right to why people vote. they vote for what it means to them. what does it mean to the education of my children? they might the cost of my health care, the fact that i will have a job, what it means to my pension. that's a big contrast between democrats and republicans and in doing so, we can tech our democracy put to rest these lies that the president is putting forth it, it's typical of his lack of respect for the congress, the constitution, and the rest. do by what he did that de, in what he's saying now, do you have good i don't think. in other words, that's that's a responsibility that we have but how do we win it? at the kitchen table? >> do you have confidence in the supreme court? i mean, the there have yet to rule on this immunity thing. all this thing about alito and the flags and clarence thomas and his wife i mean, do you have confidence in the supreme court no, i think they've gone rogue its most unfortunate, but it's unfortunate further to see what the other justice, what happened to the what happened to the chief justice. >> did he go week or did he go rogue? i don't know and that's the same thing with these members of congress. if i can take it back to that because this tragic is that notewise and they were coming after me to put a bullet my hair. they're going to hang the have gallows for the vice president of the united states just a matter of hours when i call people back to the floor overwhelmingly the republicans voted against the results of the electoral college that was almost as heartbreaking and devastating as to see what those slavs that came in with their confederate flags and their nazi flags and rest of what they came in to do to the capital of the united states. so now i don't have confidence supreme court, i think that some of the decisions they see i respect their point of view if they have a point of view, a better woman's right to choose, okay. but that's not what they're there to do to advocate for a point of view, run for congress they're there to uphold the constitution of the united states and many of them said in their hearings for confirmation, they said that they supported they supported the precedence of the court, the presence of the court supported the privacy in the constitution and what do they do? they vote their opinion on policy rather than the oath of office to uphold the constitution of the united states. so i, i want us to get back to a place where the three branches of government as our founders, initiated are respected across the board. but i don't have a lot of confidence in this court. unfortunately, i say that with a heavy heart, we have to go, but i'd be remiss if i didn't ask the person whose name i shall not say was convicted of the attack on your husband, how mr. plessy doing he's okay. i mean, he's making progress is about 80% there physically dramatically. it's terrible, but as we pray about it, we're always worried about other people and how the incitement of these people for what the things that they say, the lies that they tell to what insights somebody to come into my home and that i just worry about other elected officials, whatever their point of view is, whatever side of the aisle their own that they not be subjected to that because that undermines our democracy and such a very serious way. but what was awful about it? what is also bad at anderson was that they made jokes about it. the president of the united states said ridiculous thing. the former, what's his name ridiculous statements? his son said stupid things. some of his supporters and you know who they are, said, awful things that was very hurtful to us, to our children, our grandchildren. >> but more importantly to our country who do they think they are? >> well, you know what they are, they're going to be losers in just a few months. once again indicted, impeached, convicted, loser. again speaker pelosi, thank you for your time you're welcome. >> my pleasure. >> thank you. >> just ahead. new video showing what happened to a young american israeli citizen, hersh goldberg-polin, minutes after his hand was blown are shot off and he was kidnapped by hamas he's been held in gaza for 262 days now, i'll speak with his parents in a moment iphone 12 with the super fast five g and a dual camera system thank get real unlimited data on the silver unlimited plan for just $20 a 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israeli citizen hersh goldberg-polin. a few days after hertz was kidnapped and israeli soldiers showed me this video of a young man who is left-handed blown are shot off being loaded into a pickup truck. i didn't know at the time it was hersh until a few days later when i happen to interview as parents, john and rachel who mentioned that their son's hand had been blown off but they were unaware of this video. i then call them after the interview and told them about the video. i'd seen and i sent it to them they know when cation if hersh had survived his wound until just two months ago when a propaganda video this is a still image from it was released by hamas with hersh in it now, tonight there's this new video showing what happened moments after the first video ended when hersh was forced with other injured hostages into the back of that pickup truck. and i want to warn you the videos graphic hello welcome earlier today, i spoke with her parents, john and rachel rachel when, you when you first saw this extended video what was your reaction to it actually, first side, just a couple of hours ago because similar to win you shared the video that you shared with us back in october and i didn't watch it for a chunk of time i had the same reaction with this. >> the army came to show jon the video last week and i didn't even see it today. we were doing some media about it and i hadn't seen it, but i did see it a couple of hours ago and i'm still digesting it. and obviously as a parent, i mean, it's a video that's just heartbreaking and sickening and you know difficult to put into words how i just feel broken for him and for the other young people in that in that pickup truck john. >> so you saw the video last week, i guess. what when you what was your initial reaction? what is there something some part of it that stood out to you that you felt was important? >> there wasn't a specific part. it first of all, rachel, i agree that it's horrific. it's gut-wrenching, it's a video that no parent wants to see if their kid nobody wants to see if their loved ones but when the other families approached and said that they wanted release its to the public. we right away said yes. and that was because it's important. it's important that people in the world see the videos, understand what's happening, understand what happened on october 7, and most particularly that leaders of the world see it. we families of hostages don't need any reminders. we don't need any wake-up calls. we work 24 hours a day, seven days a week for the release of our loved ones. world leaders. maybe they need to wake up call it's also, i mean, his hair is being pulled the hearing these these terrorists rejoicing, talking about taking selfies with them for them. i mean, they are not viewing these hersh or the other people in this truck as as people. i mean, this is a two here that it's just a reminder of the and to know what occurred minutes before this video was taken the preceding hour is not just on that day, but specifically to hersh and the others who are in that shelter. i mean, people who had the same people had just taken part in the the slaughter of young people in this bomb shelter right? >> and that's that's part of what is so hard to wrap my mind around when i'm looking at hirsch and he's covered in blood and he has his arm to the side because as you can see in the video, from the elbow down, there's a jagged bone sticking out and then to see the person grab him by the hair and pull his head up. and he says something about, let's take a selfie or take a selfie of me with him and knowing that hersh had just seen his best friend blown up and 17 others killed in that bomb shelter and just trying to process what he could have been any way i've been trying to think about or imagine was in store for him it's just i'm devastating you had so much concern about you know, whether hers had had had made it out just from his injury alone. >> you see a tourniquet being put on at later on in the video that i mean, do you think that probably saved his life? i mean, clearly they wanted to at this stage, they knew the value in the sec alieu in keeping him alive as a hostage well, i'm happy that for whatever reasons that he was obviously treated, because as we all know, on day 201 we had a video released that shows her tsh with a stump where that jagged bone had been so obviously there were some real treatment that happens although we've been told by intelligence medical teams, and several surgeons who've just reached out to us saying he he definitely needs at least one, if not two more surgeries but we know from day 201 thank god that he is alive. i know you've had a lot of contact with the biden administration. rachel, i know you were on a call with president biden or early on with other american families? >> it does it. >> i don't even know how to ask this question i don't know if it's appropriate to ask, but hersh's american and there are other americans who had been held hostage for 262 days. and there are people from other countries as well. many other countries is you and i have talked about before, we've being held hostage do you feel like hersh's name is known by as many americans who should know his name. and the other americans are being held hostage oh, definitely. we know for sure that the vast, vast majority of americans have no idea that there are eight u.s civilians being held hostage right now while we're having this conversation, they're eight us citizens being held hostage in gaza for 262 days in an active war zone. and it's terrifying situation. and the fact that people don't even know the eight and have no idea of who they are is really disheartening hersh, keith tsugi, omer, a dumb eti judy and gady. eight americans. those are names that we wish people would know and talk about and learn their stories and advocate for them on an original. >> thank you very much. >> thank you, anderson. >> thank you. >> just want you to hear the full names of the eight americans who were taken hostage in gaza along with hersh goldberg-polin. there's keith siegel, soggy decal hen omer neutra. don alexander there's a tai hen judi weinstein, haggai, gadi haggai and all are still in gaza. unknown exactly their conditions. next two crucial hearings today in the former president's slow moving classified documents this case hi, i'm greg. >> i live in bloomington, illinois i'm not an actor. >> i'm just a regular person. >> some people say, why should i say premise and i don't have a problem with my memory memory losses is not something that occurs overnight. >> i started noticing subtle lapses in memory i want people to know that prevalent has worked for me itself. my memory it's out my cognitive qualities, give it a try. i wanted to help you because i it has helped me prevalent at stores everywhere without a prescription it's really been a gift having mom live with us. >> but as a nurse, my training told me she needed 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cannon appeared skeptical. >> she also questioned both sides on the defense's claim that the special counsel's office is improperly we funded but did not rule on either motion joining us now is from a federal judge as your sandlin, also, cnn senior legal analyst, elie honig. so if if cannon grants his gag order, that'd be the third gag order for the former president can you compare the gag order request in this to the others? so the new york state state trial that we just had the gag order that was in place was intended to protect the trial. so it was fairly specific. it said donald trump cannot comment publicly on any party, cannot comment publicly about the jurors. the witnesses, or but essentially the courtroom staff. >> the order that doj is seeking here is different. >> what doj is asking basically is we don't want they making comments that could endanger law enforcement officials and you remember a couple of months ago, trump's started saying this ridiculous false theory that when doj searches house, the fbi searched his house, there was some plan to potentially a assassinate him and outrageous inflammatory statements. so doj's trying to tamp that down. i think judge cannon is a bit resistant didn't because she says that doj needs to show something more specific than just generalized concern that someone might do something. and she said, we haven't seen any specific example being if you look at trump's history though, there are plenty of examples. >> i mean george, there were no affidavits from particularly fbi officials or anything. do you think the judge is right to be get him to go. >> i do. i but i think there's a way to thread the needle here. i think that the only thing he's saying that's endangering anyone is they're out to kill me. biden's out to assassinate me. fbi wants me dad and tried to kill me he needs to stop saying that because i think that endangers law enforcement writ large. they he doesn't know these fbi agents, their names have been redacted. i'm not sure they're in specific danger, but we've had incidents that based on things he said, some of his i was told to use the word voters, not followers in the last episode. segment, but his voters have done bad things. they have, they have walked into an fbi office, threatened to kill people, somebody just got terrible hate mail. i guess it was alvin bragg they would kill him. so things happen when people speak the way he speaking and it's so obviously false. so i would try to thread the needle, say these are the only two things you can say say surely you can give those two up, but you can go say everything else. i'm not going to give a full blown gag order. >> led make the trump motion targeting are alleging the special counsel's office this is unlawfully funded. >> it's been made before and rejected before by other litigants in trump's position, it was made to try to disqualify robert mueller was made to try to disqualify david weiss, the special counsel in the hunter biden case prior judges have rejected those arguments. it's not a ridiculous argument, essentially, the argument is the funding isn't coming through doj. it's coming from a general item and also, if somebody but he's going to be given the powers that special counsels given to indict and try federal cases. they should be nominated by the president and confirmed by the senate. however, the rulings so far in other cases have been, this is the ag gating and the attorney general has the power to do that. so i think judge cannon's going to reject that. and if she doesn't, i look for jack smith to appeal and probably get her overturn judge, there was tension between judge cannon, one of the prosecutors on the case. she admonished him saying she didn't appreciate that. the prosecutors tone he apologized for that is that how you would have handled the situation happened once i've been there it happened once with your guest, but yes, i'm going to judge was really fed up with somebody's behavior. >> they might call the person out the way she does. >> ellie's tone like arrogant well, well, that's a long time. i was young. i was 30 long time ago. time ago. but on this issue about the funding, i think it's part and parcel of the same issue that she heard yesterday as to the appointment itself. it's related it's all one it's all one argument and they're trying to distinguish this appointment because he's never been confirmed by the senate, almost every other special master ever at one time or another was confirmed by the senate. so they're saying this is a unique case. he just a private citizen picked up and now he's is he is he a primary officer or is he inferior officer? if he's a primary officer, he must be confirmed. so they have to say he's not he has a boss, he's an inferior officer while he has a boss then garland has to look over shoulder and tell them what to do, but garland said, he's independent. >> do you think she's slow-walking this or is it over and over her head? she's definitely not fast walking this, but i but i don't think she's actually out of line here with how much time this is taken in all i mean, this case was indicted nine months ago or so. >> it would be surprising if this were to get to try their whole thing of she wanted jury i'm going held a hearing on jury instructions belong like that was bizarre. i mean, that was way premature. that's actually the opposite of the criticisms against her. i think it's clear judge cannon does not care all about getting this case tried before the election. i think it's clear as a result, this case will not be tried before the election, but if not for the looming election, i don't think anyone would find nine months between indictment of where we are now to be out of the ordinary all right, judge. >> and thank you so much. elie honig as well. thank you up next breaking news, we'll be right back. >> if you have chronic kidney disease, you can reduce the risk of kidney failure with par sega because 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to see how closely why stress about the unlikely does a killer clown worry about being struck by lightning while winning the lottery, sheared out. >> but your odds of falling victim to online crime or one in four you need ora, you oh, your family all protected from scary online stuffget matched a mattress firm sleep at night go forth in america thursday, july 4th, they 70s dirt on see it in wikileaks founder julian assange is heading back to australia, free man, who was released from a prison in the united kingdom after agreeing to plead guilty to a felony charge related to his alleged role in one of the largest us his government breaches ever of classified material. it was part of a deal with the justice department allowing him to avoid prison here, he spent 1,901 day is behind bars and burden the news continues here on cnn outfront next trump demands of drug tests before the debate, as we're getting new reported out front this hour about a possible shift in strategy for biden tonight plus the most expensive house primary race in american history, with everyone from aoc to hillary clinton weighing in, who

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