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That could intimidate witnesses or jurors or even lead to harassment. And how do you think trump is responding . Ill give you a cliff hanger and tell you about that in just a moment. Plus it is day one of the auto workers strike. The first in history against all of the Big Three Auto Makers and the union is now warning that more workers will go on strike if they dont get the better pay and benefits they are demanding. They are walking the picket lines as we speak but in a matter of hours will be back at the Bargaining Table. The companies are fighting back, ford laying off 600 workers. Well talk to one striking worker, a mom of seven who works up to six days per week and is barely making enough to survive she says. Ill begin with the latest on the filing from the Special Counsel jack smith. Joining me live washington correspondent for the Atlanta Constitution and former associate white House Counsel to president george w. Bush. So happy you are all here. There is no surprise there has been a gag order for donald trump. We saw this coming in many respects right . The real issue here though is how do you have a gag order in place in a way that actually makes sense for somebody who needs to be vocal. He is running for office and is a criminal defendant who if in a courtroom could attack through counsel the credibility of those who are accusing him of something. How do you balance that . A great question. Most people accused of crimes at liberty have some limitations placed on their conduct. Most of my clients might have some reporting conditions and he hasnt had very many conditions imposed on him. He and his lawyers were warned not to say anything that could affect the integrity of the case. Unfortunately some of the things he has said on social media seem to have gotten under jack smiths skin. I think the judge will admonish him and tell him or at least tell his lawyers he cant use witness names and cannot intimidate or bribe witnesses. We have a little bit of his reaction already. Listen to what trump is already saying. Did you see today the deranged jack smith, the prosecutor, a deranged person wants to take away my rights under the First Amendment, my right of speaking freely and openly. It is a little more complicated. He is not talking about his preferred latte in this fall. He is talking about potentially, and is being accused of maybe intimidating, threatening or otherwise. What do you say to that argument . Obviously he is trying to put out there theyre trying to shut me down. It is a First Amendment issue. Most defendants this isnt a big deal. This is what is supposed to be done in a case to ensure it is handled properly. The problem is, he is running for office and one of the key issues in this campaign is did he win the last election . Was he trying to influence the Vice President to engage in illegal activity and did he cause insurrection. Hes not got a crazy point but he cant intimidate witnesses because he is a president ial candidate. Doesnt give him the right in an on going proceeding against him. The judge has to find some way to restrict him. The problem is what happens when he violates the order which he is going to. Is she going to impose sanctions . Put him in jail . It seems highly unlikely and it plays into his hands politically. She has already said there is a chance if he engages in this behavior she could move the trial date earlier. One of the issues if you put back on the screen what is being asked for from the Special Counsel, what they are trying to limit him, one involves statements regarding the identity, testimony, or credibility of prospective witnesses and beyond. There is an overlap. You are a member of the press. There is an overlap in terms of what is publicly available in places like georgia. Maybe grand juror information, etcetera, the taste and the appetite for information. And what he would then build on. Is there attention in your mind between what the press is trying to access and how he uses the information . Nene this request for a gag order there are provisions that he can quote from the Public Record and he can make statements about his case. What they are trying to get him to do is prevent him from attacking individuals whether the prosecutor, the judge, potential witnesses or jurors. In georgia since you mentioned that case as a condition of his Bond Agreement he is under a similar gag order already and i think, im not saying it eliminated his criticism of some of the people involved in the georgia case but i dont think weve seen some of the rhetoric we saw before the Bond Agreement. The implications are different because it is a condition of his bond but it can happen. Most people facing the case arent talking about the judge and prosecutor on social media, probably not talking about the case much at all. There is a way for donald trump to move forward on social media if there is a gag order. The question is will he comply . Were looking at some examples right now. We highlighted a portion of it. This is the tip of the iceberg in many ways talking about a biased trump hating judge, talked about jack smith being deranged calls the people around the Special Counsel a gang of thugs crime ridden and beyond. These are a couple things and i should mention just this last month by the way. One of the difficulties im sure youre seeing is all the different types of indictments facing this president. One in manhattan. One in georgia. You have maralago, washington, d. C. So him making a statement youll have to be as a prosecutor trying to figure out are you talking about me . I dont see anyone standing here. There are three other indictments happening right now. How is Defense Counsel when youre talking to your client. It was De Niro On A Friday Night thank you very much. How do you as a Defense Counsel figure out a way to help him in court and say your honor he is making general statements hes always made even before the indictments . I dont think he is listening to his lawyers i think youre right. He is presumed innocent so he has copyrnstitutional right to the prosecutors are making up stories about me and could even say the witnesses are. I know that is not exactly what jack smith wants. He wants to limit arguments against the witnesses credibility but that is integral to the presumption of innocence that you should be allowed to say things like those people are lying. That makes sense of course but then you think about the Defamation Case like the e. Jean carroll lawsuit where he believes he was simply denying an allegation and he is saying the person was a liar. Why is that something that i am going to be held to account for . It is difficult in the criminal context in the sense that this is someone presumed innocent as you are in the civil world but what are the guard rails . Are there any rules that apply to what a defendant can and cannot say prior to trial . It is clear you cant bribe witnesses or threaten witnesses and you cant obstruct justice. You cant do things that would try to interfere with an ongoing investigation. There are tons of things he is just not allowed to do and he can face criminal prosecution. One thing that is interesting here too is his words have already led to this particular judge getting threats and racial slurs. Weve seen already a person was arrested for doing those things. We can look at january 6th and see his words have a lot of consequences. That is going to be what the prosecutions arguments will be. Speaking of consequences and words we know tonight there are, the Special Counsel obtained 32 dms. One i wonder who slid into them and whose dms he slid into. Really interesting. What are they possibly looking for here . Apparently for the series of dms between october and january. Right around the time that the riots are being planned, the insurrection is being planned. They want to see what he is, who he is talking to. What is going on here. They got into a big fight with twitter which wanted to tell donald trump he was being, his dms were sought. The government fought hard to keep that out. The judge agreed. Now it is out. We know it is happening. Real interesting to see what in the dms if anything. Isnt it crazy to think about a man who says he doesnt email or keep records. He is notorious that he is intimating all of his directions and commands and you are supposed to extrapolate something more when he says it. That this might be part of what is being used potentially as evidence . I think it is so interesting that we think president trump, we know he had control, think about that. Most high level officials are not tweeting or checking their own dms because theyre flooded and they let a staffer, low level staffer handle all of that. To think the government had an indication that donald trump himself is dming people on twitter is really interesting. If and when the contents of the dms come out. It may really be earth shattering. I guess well see. It has to be good. You have to think about it. At the same token i wonder about the slippery slopes. Every time Something Like this happens especially because social Media Companies have been fighting this, could have the privacy concerns. Donald trump already said maybe a year or two ago he believes twitter is akin to the government. They could possibly sensor the First Amendment which we know they cannot. I wonder overall how this is going to play out if this kind of information is allowed to come in. What do you think . I mean, it is hard to know what it is that were looking at. If it is him planning the insurrection as you point out i think this will be very damming evidence used a against him i want to interject we know we are signing our life away when we join these social media sites. The fact that my dms at any given time could be subpoenaed or just leaked or used in some way by a third party that the social Media Company authorizes, i believe is probably already on the table as it exists. It doesnt surprise me that much. Whats in your dms . We hope it never comes back. Thank you so much. All of you. Coming up everyone the union is warning more auto workers may go out on strike. The companies are hitting back with layoffs. Next well go live to the picket line. Creeches energetic music plays there he is its right there oh, hes straight ahead. Hehes straight ahead. Straight ahead. Go go go. Cover more ground in the kia sportage turbohybrid. Kia. Movement that inspires. upbeat music Constant Contacts advanced automation lets you send the right message at the right time, every time. Constant Contact. Helping the small stand tall. With the freestyle libre 2 system know your Glucose Level and where its headed without fingersticks. Manage your diabetes with more confidence and lower your a1c. Its covered by medicare for those who qualify. Ask your doctor about the freestyle libre 2 system. Sometimes Jonah Wrestles with falling asleep. So he takes zzzquil. The worlds 1 Sleep Aid Brand for a better night sleep. So now, he wakes up feeling like himself. The reigning family room middleweight champion. Better days start with zzzquil nights. Well, tonight historic strikes continue to be under way. The workers are demanding better pay, better benefits, and job protection. The United Auto Workers and big three u. S. Car makers, well, right now they remain dead locked. I want to go to cnns gabe cohen on the scene for us in toledo, ohio at the plant where more than 5,000 workers are on strike. It is the Largest Group by the way of the three plants striking. What is happening and what are they telling you . Reporter over the past 24 hours ive asked so many of these workers how long they think they can strike like this. The answer i keep getting is as long as it attacks. They point to the big three salaries, each making more than 20 million a year plus the massive, record profits that the companies could have been enjoying and they are telling me they want a bigger piece of the pie. The 13,000 workers on strike between this ohio facility, one in michigan and one in missouri are making just A Hundred Dollars a day in strike pay each of them paid by the union because they arent making a salary right now. They were told to be prepared for this moment and many told me they have been doing that for months even years some of them knowing this moment was coming. As you can hear the energy level tonight, day one, is still extremely high. The chanting and cheering. It is going to be interesting to see if that energy level stays high after days, even weeks with such little income. The uaw did not have negotiations today. They went on strike last night. But they do say they will trourn the Bargain Table tomorrow. What do we know about that . Thats right. Heading back to the Bargaining Table tomorrow and the union says it has sent new counteroffers to each of the big three. Now they are awaiting their responses. We dont know the details of what is in the proposals but are learning more about how big the divide is between the sides. With the head of the Auto Workers Union shawn fain saying tonight that 80 of the members demands have not been met by The Auto Makers in their offers to the union. Here is a little bit of what shawn fain had to say at a rally a couple hours ago in detroit. Class wars going on for 40 years in this country. The Billionaire Class has taken everything and the Working Class has been left scraping paycheck to paycheck trying to survive. It is time to end that class war. Its time to pick a side. Reporter as you can hear there, laura, obviously there is a lot of energy from the union, and it seems the divide is wide. Not a good sense of progress here but well see what happens tomorrow at the Bargaining Table. And no indication whether this will be concluded any time soon and how many more might go on strike. Thank you so much. I want to bring in california congressman ro khanna also the deputy whip for the congressional caucus. He joins us now. Thank you so much for joining us. This is very significant. We are 24 hours in. No more negotiations until tomorrow. The ripple effects have already started. Ford basically said i see your strike and i raise you with l layoffs. They told 600 workers who wrpt be striking they shouldnt come to work today. Gm told 2,000 at a kansas car plant their factory would likely shut down next week for lack of parts. Are you worried this could rapidly escalate . Laura, i am going on monday to stand with the uaw workers in toledo and michigan. You had mary barr out on cnn earlier and she was asked basic questions but was unable to answer. She was asked how are you making 30 million a year 300 times more than the average employee and no one is talking about cuts to the ceo pay. No one is talking about the cuts to the 5 billion they spend on Stock Buybacks and yet they are not willing to increase wages so that uaw workers ma ake a fair wage. They need to be very careful not to engage in retaliation in terms of laying off folks because that is illegal. We did invite the executives to join the program and they declined but many have gone on to talk about these things more broadly and the amount of pay the uaw is asking, a 40 raise, reinstate pensions, health care in retirement, Cost Of Living adjustments. These are things Many Americans dont already have but compared to the executives of course a very different story. How do you explain why these concessions are necessary without comparing to what the socalled fat cats are getting when you have Many Americans looking at this issue and comparing what they presently have to them . This is what we used to have in this country in terms of a family supporting wage. You could go to work for an auto company and support your family. You could own a house. That was the american dream. Then what happened is these big corporations basically Offshored Jobs and went for cheap labor and the Working Class was hollowed out. Shawn fain to his credit is saying enough. Workers deserve dignity especially because billions of your and my dollars are going to subsidize these companies. They cant come asking the government for billions of dollars and then say theyre going to continue increasing executive pay, continue enriching Share Holders with Stock Buybacks but not do enough for the workers. It is just not fair. I want to play what President Biden said. He called on auto makers to go further in their negotiating efforts. Auto companies have seen record profits including the last few years because of the extraordinary skill and sacrifices of uaw workers. Those record profits have not been shared fairly in my view with those workers. The bottom line is, auto workers helped create americas middle class. They deserve a contract that sustains them and the middle class. Youve heard what he had to say today but i will note the uaw president shawn fain has withheld the unions endorsement of the biden harris ticket and criticized him although President Biden says he is the most pro Union President of all american history. He has been krit viced for what they call a lack of support. Is President Biden at risk of losing Union Backing . The president made a strong Statement Today and clearly came out on the side of uaw workers and said these Auto Companies had 21 billion in profits. They are getting money from the federal government. They need to do more, increasing pay, meeting the uaws reasonable requests. I also believe the key issue here is people working in the battery plants also need to be under the Union Contract and the new jobs need to be good paying union jobs not a race to the bottom. I believe the president especially Gene Sperling have the uaws back. I dont think this is about politics. We can worry about who the uaw endorses down the line. What is key is that the workers get the benefits they deserve. You wrote in this thought provoking oped that shawn fain, you write in part the electric vehicle transition must be as much b would the workers rights as it is about fighting climate change. We wont let the industry be built on the backs of workers making Poverty Wages while ceos line their pockets with government subsidies. How much is innovation, complicating an agreement with the workers and the companies . People know i am one of the biggest climate advocates in the United States congress, a champion for electric vehicles, a champion for clean steel and renewable energy. I think theyll bring new jobs but the new jobs have to be as good as the traditional jobs. What you have right now in certain cases if you dont get a good Union Contract is these new jobs not paying as much as the traditional auto jobs. If that happens youll lose support in this country throughout the industrial midwest for climate policy. That is why what is at stake is not just the dignity of the Working Class but the very idea of new industries to tackle climate but workers have to be part of it. You talk about retaliatory actions. We know there are limitations legally about what a company could do. One thing that is always seeming to be on the horizon or at least in the thoughts of those who think about going against their employer or the big company or the socalled man is ta the business could be moved. That the Production Lines could be moved elsewhere including possibly outside the United States. There is always tension between wanting to advocate and also the prospective action of a company who is looking at the bottom line exclusively. What do you want to say to people who might not appreciate the nuance of what it takes to endeavor to strike let alone challenge the companies in this way . I just want to salute the courage of the uaw workers who are putting themselves on the front line for worker justice and standing up for the Working Class and the courage of shawn fain to take on these companies, asking very reasonable questions. How can you have 21 billion in profits and not have Workers Benefit. How can you have 5 million in stock . How can you have ceos making 30 million not at Workers Benefit . It is time in this country we stop the offshoring to the cheapest labor and lowest Environmental Standards especially if they get government money. The future is that Congress Needs legislations that you cant have offshore jobs or have unions involved if you are going to take the money. Thank you for your evening and your time today. Thank you. Up next lets talk to a worker and hear her story. Ill talk to one of the striking workers, a mother of seven, who says she can barely make ends meet. With new scope squeez mouthwash concentrate, just add water. 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Many people who are across the country looking at what is happening and within the uaw, how are you going to make ends meet if this strike does not end soon . Thank you, laura, for having me. Unfortunately for me from day one i came in as a supplemental employee and there was no guarantee whether i was going to work six days or three days a week. So surviving on anywhere from 200 to 300 to 500 has been my way of life for the last four years. For me, knowing i am going to have a steady paycheck of 500 a week is more stability for me of strike pay than the hours i am guaranteed in the facility. Some weeks im guaranteed 60 hours. Some weeks im guaranteed none. So it seems like 500 a week through strike pay is scary but as a supplemental employee that is stability. Just thinking about how one is unable to plan how can you decide and know what you can spend, how can you have a Monthly Budget or allocate your resources with that level of instability. As for a Single Person let alone somebody who is also a care giver and parent. I am wondering about your benefits then, too. You have stayed in this job because of the health care but it does not include dental. Doesnt include vision. Doesnt include Hearing Coverage or even a retirement plan. All of which are extremely important. What does that mean to you that you dont have that . It is extremely important. That is why as a supplemental employee when our president shawn fain says no one is going to be left behind that to me gives me the most hope that i need. He understands. Here in Stellantis Facility that makes the wrangler alone we have 1100 supplemental employees that have worked through the covid19 pandemic, worked through any shutdown or any obstacle that stellantis has seen. We have been there and we have shown up and we have worked through everything they have thrown at us. For me as a mother of seven the medical is what kept me there. I have children that play in football, children that do soccer and cheerleading and at any given moment something could happen to my children and i would have to take them to the Emergency Room. I can get a Paycheck Anywhere in toledo, ohio. We are labor workers, union workers, and we will work. For me, im in it for the uaw benefits we have fought for, for what they receive for the fulltimers the benefits that they receive is why i am there. To please be that if my child is hurt in any way, shape, or form i can go to the Emergency Room and their Health Care Benefits will be covered. So that is why i have been there going on four years because although i could go somewhere else, i am going to be paying anywhere from 300 to 500 a month out of pocket just for health care. Which with the instability could mean the entirety of a paycheck for a weeks worth just for that alone. Shocking to think about. I wonder how long. Youve already seen ford has announced theyre going to layoff 600 workers and gm will idle 2,000 workers next week. You work at stellantis. Are you worried you might lose your job if they do a layoff there, too . I am extremely worried. But the one thing i can say i am proud of is i live in toledo, ohio. No matter what happens, i know our city will back us. I know stellantis would be foolish if they decided to pull out of toledo, ohio. We make the wrangler run. We are the reason why they are able to go home to their mansions and live in peace. It is our work that we produce, what we do inside this facility that gives them ease. Their profits have been skyrocketing. In the covid pandemic they were able to quarantine peacefully. They were able to be with themselves and not expose their families. They forced us to work in the posturepedic be because they chose to the pandemic because they chose to make us essential. We went in, supplemental employees, we have very little rights. We were only meant to be used for a certain amount of time and we end up being forced fulltime. We were forced to be in there during the pandemic with the possibility of killing our families. We didnt get a thank you. We do not receive profit sharing. We do not receive the full benefits. These ceos sat comfortably during that pandemic while we had to worry every day if we were going to infect our family. Thank you so much for bringing this focus and for what youve said tonight. We it can invite the executives of these companies. They declined to pick us up on our invitation. Thank you so much. Well be right back. Oh, oh, oh. Ill be the judge of that. Oh, thats nice. Oh searchable, verified reviews. Thats betterer than the ham, and ive n never said that. Booking. Com booking. Yeah [ ] hohow you feel can be affected by the bacteria in your gut and how well you digest the food you eat. Try new align Probiotic Bloating relief plus foodigestion. 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She took Mucinex Instasoothe sore throat lozenges. Show your sore throat whos boss. Mucinex instasoothe. Works in seconds. Lasts for hours. Today marks 60 years since the deadly 16th Street Baptist Church bombing in birmingham, alabama. It was carried out by four members of the kkk in the Sunday Morning attack and killed four young black girls. 11yearold denise mcnair, 14yearold Cynthia Wesley and carol robertson, and Addie Mae Collins. The bombing also injured Addie Mae Collins sister Sarah Collins rudolph as well as 13 others. In a speech today commemorating the anniversary of the attack Supreme Court Justice Ketanji Brown Jackson emphasized the importance of remembering such moments in american history. I know that atrocities like the one we are memorializing today are difficult to remember and relive. But i also know that it is dangerous to forget them. If we are going to continue to move forward as a nation, we cannot allow concerns about discomfort to displace knowledge, truth, or history. We must not shield our eyes. We must not shrink away lest we lose it all i want to bring in former democratic senator of alabama doug jones who successfully prosecuted two of the four klansmen identified as being behind this heinous attack. I am so glad you are here today. Thank you for joining us on this historic occasion. Today is 60 years since that deadly bombing. What goes through your mind when you think about the history around this attack . Well, thanks for having me and doing this segment on your show. We get kind of lost in the media hype these days with Everything Else going on in this country. This is a very significant memorial. It is significant every year and it was so moving this year. I fold the crowd when i introduced Justice Jackson, i think everybody felt this was Something Special today. Because we saw a speaker who really represented the hopes and dreams and possibilities that we lost when those four young girls died. And as i think an interesting theme in Justice Jackson clips that you just played touched on it, a theme from all the speakers is we are concerned, reliving so many things that were going on in the 50s and 60s. We seem to be acknowledging the incredible progress but we seem to be rolling it back somewhat. That is why memorials like this are so important. To not forget where weve been so we dont go back there. And not to erase it. Even the uncomfortable we must lean into in order that history does not repeat itself. How could it not in a very expansive way if you dont even know what the history is . Also the fact of the actual case. So many people right now have become Arm Chair Detectives or lawyers or leaning into every legal story. We know all the reasons why but the process of this investigation is one that you are intimately aware of. It wasnt even until two years after the bombing that the fbi even identified four klansmen as primary suspects and you helped successfully prosecute two of them. Not two years after this attack but in 2001 and 2002. For so many people out there, what was it like to prosecute a case 40 years after the crime especially one where it involves the terror of the klan . It was a remarkable journey i think for the whole team. Most of my team is there today. And were acknowledged by the crowd. It was a process. We built on what was done in the 1960s. The fbi took a lot of grief in the 1960s because they didnt solve this case. It was not one that could easily be solved. The klan really clammed up and didnt talk and evidence was hard to come by. In 1977 the first case was tried. The former Attorney General tried the first case and was successful doing that. We built on the 1960s investigation, 1970s investigation, that maxly did. Then we did our own to try to fill in the gaps. Fortunately times changed. Attitudes changed. People changed. And the evidence just fit together so much easier and so much better but it was still a race against time. Witnesses were gone, dying, old, infirm. We really had to work hard to pull these pieces together and interestingly you would certainly appreciate this we found an old Tape Recording of one of the defendants talking to his wife and another person in which he admitted being part of the Group Planning the and making the bomb. There was a stunning discovery. Took a lot of interesting work to get into evidence but it was upheld by the courts of appeal. That was a real key to this but the real basis for this conversation was the dedication of the team who just never gave up and the families who just patiently waited for the wheels of justice to turn. Slow moving they were but in fact they did turn toward justice. This memory of what happened. I visited this church in the civil right division of the department of justice. Just how that felt, the weight of that moment to know there were little girls, children inside of that church. And so many others whose lives were forever changed. Here we are teaching my children and talking to them only 9 and 10 years old about what took place and they are hearing it through the perspective of the time when it comes to talking about race in this country. There is a lot of contention about what should be talked about, how we should dig into it without making people feel badly about the truth of history. What can we learn from mistorque moments like this all these years later . We cant ignore history or the good, the bad. Oos Justice Jackson said today how can you learn from your mistakes if youre never told you made one . You cant. I think it is so important. You mentioned learning about it as a kid and i think one of the things that got kind of lost a little bit on Justice Jacksons comments today was how as a child heard parents or teachers who taught them African American history, Civil Rights History and what it meant to her and how it gave her inspiration. That is the thing we lose. We cannot relegate event like this to some foot note in a history book just because as Justice Jackson said somebody might feel uncomfortable. We should feel uncomfortable but at the same time make amends and do everything we can to make sure it doesnt happen. We cant ban books about the church bombing. We cant ban books about the Freedom Writers in birmingham. All of that happened. The other thing i want people to understand people are talking about all of this violence and bad its not like its in the past. All of the racial violence, were are still seeing it. We are seeing a rise in hate crimes in. That is a point that needs to be republicaned. We are seeing the same thing today. s no point in covering up the past because we can learn from the past and deal with things that are happening to us, right now and today, and we are becoming a more diverse society, a nor diverse country. That is not going to change, and i hope people will not only accept that but celebrate that. They say objects are the mirror are closer than they appear. Senator, we will be right back. Thanks. The biggest ideas inspire new ones. 30 years ago, State Strereet created an etf that inspired the world to invest differently. It still does. What can you do with spy . Bath fitter is a better way to remodel your tub. A custommade watertight fit and high quality materials me a beautiful tub and a great value. Bath fitter. It st fits. Visit bathfitter. Com to book your free consultation. Ma, ma, ma clears throat for fast sore throat relief, try Vicks Vapocool drops. With two times more menthol per drop, and powerful vicks vapors to vaporize sore throat pain. 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