You are live in the cnn newsroom. Im jim acosta in washington. Good evening. We are inching closer to i deadline in the governments case against former President Donald Trump over his efforts to overturn the 2020 election. Trumps lars now have about 22 hours to respond to a legal filing from special counsel jack smith. He requested a protective order after trump posted this on social media on friday. If you go after me, im coming after you. Smith wants the judge to limit trump and his legal team from publicly discussing sensitive evidence in the election interference case. Today on cnn we heard from one trump lawyer who says he will fight that protective order. The Defense Attorney also says trump did not tell Vice President mike pence at the time to throw out key electoral votes. He says the key distinction is that trump merely asked. Youre saying that asking is action. No, asking is aspirational. Asking is not action. Its core free speech. What President Trump did not do is direct Vice President pence to do anything. He asked him. In an aspirational way. Asking is covered by the First Amendment. And joining me now to discuss this, im asking in an aspirational way, that former federal prosecutor Renato Mariotti talk to me about this. Renato, what do you make about this . Its an aspirational thing i guess for a Defense Attorney to put out that kind of argument. Well, yeah, its definitely quite aspirational. You can imagine, for example, a fraudster asking a victim or attempted victim whether or not theyd like to invest in a fraudulent investment. The mere fact that its a question does not transform that into First Amendment protected speech. Its very well settled by the courts that lots of crimes involve talking to people. The mere fact that youre doing that doesnt mean that youre entitled to First Amendment protection. Yeah, and the former attorney general bill barr undermined that First Amendment case defense. He told cnn trump knew he lost the election. Weve heard that from other sources. I heard that from sources at the time covering the end of that administration. As we continue to hear from more former allies and potential witnesses in this trial, were seeing trump intensify his attacks. Special counsel jack smith warned that he wants a protective order to limit what trump and his defense team can talk about in all of this. It was in light of this threat that trump essentially made on social media late friday evening. I was wondering what you thought of that. You know, usually its a safe bet, jim, that a Defendant Spouting off a long leash. I will say that obviously donald trump is going to get some leeway. But this is not the right judge for him to try to do this in front of. I do think shes going to, you know, eventually bring resources to bear there and potentially issue orders to try to curtail his ability to continue influencing a potential jury pool. And jack smith i think is rightfully as the prosecutor going right out in front and trying to start that narrative with her, basically try to use up one of his strikes one of trumps strikes very early by filing motions getting that in front of her. The other thing that is percolating in all of this is trump has been going after mike pence on social media. He did that in a Truth Social Post Easter the last 24 hours. Last night during a republican dinner in South Carolina trump went after bill barr. He also went after jack smith. Lets listen to this and talk about it on the other side. I will direct a completely, very, very powerful overhaul of the doj. Were not going oto have cowards were not going to have cowards like bill barr. Virtually every poll were kicking bidens ass. If i wasnt we wouldnt be under investigation by deranged jack smith. Hes a deranged human being. Now, renato, the judge made it very clear on thursday that trump is not supposed to go after witnesses. And you know, im just curious, if mike pence and bill barr potentially might be witnesses in this case, i mean, based on what jack smith said in his indictment, what mike pence said about what donald trump said to him, that youre too honest, that sounds to me like key testimony that jack smith might want to have played out in front of the jury. Is trump violating the terms of this arraignment, and could that potentially land him in the slammer . What do you think . Well, look, yes, potentially he is. His argument of course is going to be that hes a Politician Running for president , mike pence is running against him, bill barr is a political figure, part of the last administration. But you know, he is digging himself into a hole. In other words, someone whos more careful with his words could easily criticize those people and dance around that. But i think trump is not hes taking a sledgehammer, not a scalpel to this issue. So hes going to create a lot of heartburn for his attorneys in the months ahead. I really think, jim, that the judge is not going to do anything like lock him up pretrial for a number of reasons. One is that i think that would actually be helpful to him potentially. It would create sympathy for him. And would create a bunch of potentially appellate arguments, you know so hes going to be able to do whatever he wants to do, renato . Hes going to be able to do whatever he wants to do, then s p. I think its no. I think theres consequences to making the judge upset. And for example, donald trump really wants leeway to make all sorts of constitutional arguments and First Amendment arguments, and so forth. If he wants to have room to make those arguments and take time and get her to consider those things, he would be wise not to make her angry because she might give him the speedy trial jack smith wants if he continues and keeps this up. Yeah. I was once told never upset, never poke a federal judge in the eye. That was once said to me at one point. I think those are wise words. Renato mariotti, thank you very much. We appreciate it. Last hour i spoke with one of the republicans challenging trump for the president ial nomination, former Arkansas Governor Asa Hutchinson is among the few rivals who is openly criticizing trump and hes critical of the Republican National committee requiring all candidates who take part in the debate to pledge support for the eventual nominee. Heres some of that conversation with the former governor. I dont want to sign a pledge that says im going to support somebody whos been convicted of serious crimes. But you know, theyre not trying to get in the middle of that. And of course theres a constitutional limitation on doesnt disqualify him. I believe he is morally disqualified and he ought to withdraw. But the rnc does not share that view. And so we could be in a real predicament. And thats why donald trump wants to postpone all these trials until after the election. And its going to be up to the judges to say not just the defendant has a ride to a speedy trial but the government does as well and the public does. That speedy trial requirement is for the public at large that we have speedy access to our justice system. So its up to the judges. I hope its resolved before the election is over with. I talked to hundreds of iowa voters tonight. Incredible event, and i asked them, one, do you want donald trump on the debate stage . Most of them say yes. Because they want to see them all together. And how they respond to each other. And they know theyll be asked questions about the case itself. They want to know how he responds to that. And then secondly, theres a lot of trump support, absolutely, and theres a sense whether theyre for trump or somebody else that the system has not treated him fairly. But they also recognize they need to move away. Thats a very gradual process. And so this is going to be a pot coming to a boil over time and its going to take the debate, its going to take a lot of examination by iowa voters really to sort through who theyre going to support. What was encouraging to me tonight is the number of iowans that had stickers on, im an undecided iowa voter. Theres a whole bunch of those stickers that are out there. Hutchinson also says hes about halfway to qualifying for the first Republican Debate later this month. He also satisfied the Polling Requirement and now needs to reach that benchmark of 40,000. Well keep an eye on that as it develops. In the meantime, a new problem in new yorks migrant crisis. Some Asylum Seekers have been seen sleeping on the streets. Whats being done to help them, next. Plus how the coast guard rescued a man 12 miles off the coast of florida. Later on in the program, why elon musk is offering to pay legal bills for some twitter users. Youre live in the cnn newsroom. So you can improve your business however you see fit. T. Rosie used part of her refund to build an outdoor patio. Clink dr. Marshall used part of his refund to give his practice a fafacelift. Emily used part of her refund to buy. I run a wax museum. Let Innovation Refunds help you get started on your erc tax refund. Stop waiting. Go to innovationrefunds. Com you really got the brows. Chevy silverado has what it takes to do it all. With up to 13 camera views. And the z71 offroad package. You ok . Yeah. Any truck can help you make a living. This one helps you build a life. Chevy silverado. Ever since i retired, ive had trouble falling asleep and staying asleep you know, insomnia. Which was making my days feel like an uphill battle. That is, until i discovered something different, quviviq a oncenightly fda approved medication for adults with insomnia. Not getting enough sleep was leaving me tired. Oh come on but quviviq helped me get more sleep. Quviviq works differently than medication you may have taken in the past. Its thought to target one of the biological causes of insomnia overactive wake signals. And when taken every night, studies showed that sleep continued to improve over time. Do not take quviviq if you have narcolepsy. Dont drink alcohol while taking quviviq or drive or operate heavy machinery until you feel fully alert. Quviviq may cause temporary inability to move or talk or hallucinations while falling asleep or waking up. Quviviq may cause sleepiness during the day. Quviviq may lead to doing activities while not fully awake that you dont remember the next day, like walking, driving and making or eating food. Worsening depression, including suicidal thoughts, may occur. Most common side effects are headaches and sleepiness. Its quviviq. Ask your doctor if its right for you. Was also the first time your profits left you speechless. At the counter or on the go, save 20 with the lowest Transaction Fees and keep more of what you make. Start saving today at godaddy. Com when you have chronic kidney disease. There are places youd like to be. Like here. And here. Not so much here. If you have chronic kidney disease, farxiga can help you keep living life. Farxiga and farxiga reduces the risk of kidney failure, which can lead to dialysis. Farxiga can cause serious side effects including dehydration, Urinary Tract or genital Yeast Infections in women and men, and low blood sugar. Ketoacidosis is a serious side effect that may lead to death. A rare lifethreatening bacterial infection in the skin of the perineum could occur. Stop taking farxiga and call your doctor right away if you have symptoms of this bacterial infection, an allergic reaction, or ketoacidosis. Farxiga can help you keep living life. Ask your doctor for farxiga for chronic kidney disease. If you cant afford your medication, astrazeneca may be able to help. Farxiga please dont go by harry casey, Richard Raymond finch please dont go please dont go please dont go please dont go dont gooo dont go away preorder now and get a free storage upgrade. please dont go an update now on this massive fire that is unfolding right now in albuquerque, new mexico. Youre looking at some images captured just a few moments ago. This black smoke just billowing into the air above this Recycling Center. A massive amount of smoke in the area. Fire officials are on the scene. They say the building and the vehicles on the ground there are still burning. That the fire is not under control as of this point. Well keep you updated. But as you can see, some pretty dramatic images coming out of albuquerque as this Recycling Center is just going up in flames with thick black smoke billowing over the area. Emergency officials on the scene. Well keep you posted as that situation develops. In the meantime, a dire situation is unfolding in new york city. Migrants seen sleeping on the streets in this extreme summer heat. The Mayors Office says nearly 100,000 Asylum Seekers have come through Intake Centers since the crisis began in the spring. City officials are once again calling for state and federal help. Cnns Polo Sandoval joins us live from new york city with more details. Polo, whats it look like where you are . I mean, is this a common occurrence for people who are Walking Around new york, tourists, residents . Are they seeing migrants now sleeping outside because theyve just run out of space there . Reporter yeah, jim, i just took another look. This is a scene thats repeated itself, at least not recently. But when you hear the recent remarks from new york mayor eric adams, he is not ruling out the possibility that those scenes of migrants, mainly adult men, sleeping on sidewalks could repeat themselves. That is as he points out that the system, the new york city Shelter System continues to buckle under pressure as the number of Asylum Seekers continues to rise. The citys still caring for roughly 56,000. Close to 100,000 that have actually turned to the city for help since last spring. This is why not just to eric adams but also fellow Administration Officials have been continuing to call on not just the state but also the federal government for that assistance for an actual plan to help shoulder that burden of caring for these Asylum Seekers. Now, in terms of what weve seen also in the last several weeks, we have seen at least 200 facilities used by new york city to actually provide shelter to these Asylum Seekers. And we should also note that this weekend marks one year since the First Bus Chartered by Texas Governor greg abbott arrived in new york city. We should also add that weve seen about 10,500 Asylum Seekers arrive by those means. It is just a fraction of the close to 100,000 Asylum Seekers, most of them coming here on their own. Jim . All right. Polo sandoval, very important story. Thanks so much for staying on top of it pf we appreciate it. In the meantime a missing florida boater is safely back on shore today after being rescued by the coast guard about 12 miles off the coast of st. Augustine. 25yearold Charles Gregory was reported missing after failing to return for nearly two days. Gregory was seen last on friday night leaving a boat ramp in a small lightweight and flatbottomed vessel before being found alive on saturday. Cnns Camila Bernal is following this for us. My goodness. What a story. How did he survive this . Reporter its incredible, jim. And Charles Gregory, 25yearold, is recovering at home but he held on to that boat. He never gave up. Thats how he survived. I talked to his dad, raymond gregory, who told me that his son was scared to death, that hes had more conversations with god in those 30 or so hours than hes had his whole entire life. He said his son went out at 4 00 in the morning. He goes fishing. And something he usually does and has been doing for years. And he says the tide, though, was going faster than he thought it was and then a wave hit the boat and the boat capsized and essentially thats when it all went downhill for him. He said he lost his cell phone, his throw cushion, his life jacket, and he had to remove the motor from the boat. So he was hanging on to whatever was left of that boat for hours and hours. He got sunburnt and there were sharks and fish and jellyfish that stung him according to his father. He says, though, that the worst part of it all was at night because he says after that sunburn he was just feeling like he was going to die. It was freezing cold and he still had to hold on to that boat. The father saying he is okay, its going to take a while because he was dehydrated and is trying to essentially go back to normal life. So it will take a while. But he is okay, jim. All right. Just incredible images. I cant believe he survived that. Camila bernal, thank you very much. Very lucky to be alive. Camila, thanks. Former President Donald Trump is launching new attacks on the special counsel handling his case and even his former cabinet members. Is this Witness Intimidation . Find out what our Political Panel thinks next. Youre live in the cnn newsroom. Heres how tommy lost 30 lbs on noom weight. Im tom. Noom helped him use psychology to lose weight. The mindful aspect made me feel more conscious about what i was eating and why i was eating it. s actually working. Lose weight and make it last with noom weight. Rsv can be a dangerous virus. [sneeze]. For those 60 and older. Its not just a cold. And if youre 60 or ol