Tonight. We are bringing you tomorrows news tonight at 10 am eastern tomorrow morning, the judge presiding over President Trumps Election Subversion Case will hold a hearing on which rules will be imposed on the handling of evidence. And, the Special Counsels asking that the trial start on january 2nd, prompting an angry response from trump on social media. Also tonight, a major move by the Supreme Court, which marks a victory for the biden administration. The court blocking Purdue PharmasBankruptcy Settlement, which had granted immunity from opioidrelated civil lawsuits. The high court will now take up the case itself. More on that, coming up. And, other catastrophe in hawaii. The devastating wildfires scorching and destroying maui, leaving at least 53 people dead. Hawaiis governor addressing the catastrophe just a short time ago. We have seen today has been catastrophic. But we tell you that there is going to be a team effort to bring our state back. What we saw was likely the largest Natural Disaster in hawaii state history. The governor sent us this photo from his tour of the area and well be talking to him about all of this, tonight. But we are going to begin with tomorrows news, tonight. Tomorrow morning at 10 am in washington d. C. , judge tanya chutkan, the judge overseeing trumps january 6th case, will hold a hearing on the scope of the protective order. That order will set the rules for the handling of evidence in this case. Lets get right now to cnn senior crime and justice reporter Katelyn Polantz and former white house lawyer james folds. Caitlin, lets start with you. From President Trump not required to be there at morrows hearing, we understand, but were you expecting to hear from the judge in this case . Well, we are expecting to hear where the judge is going to stand on Evidence Handling. Right now there is a legal dispute between prosecutors in this case and Donald Trumps team about what donald trump is able to talk about with other people, as he is learning about evidence of the Justice Departments has collected about him. The Justice Department will give him evidence, as part of what is called discovery, as they prepare for trial. And the Justice Department wants all of that to be locked down. They will not want to deal to share any of it, they want an order from the judge over top of the. Trumps team, they dont want it to be that, broad they wanted only to find certain things as sensitive, that he can talk about, that have the ability to have what trump says is free speech. Now, the Justice Department, they say that this is not about free speech, that he doesnt have a right to publicize things during or before his trial, and so we are going to have to watch to see what the judge does here. Taking a step back there is a big, big question of the tone of what judge chutkan will have Going Forward tomorrow because both the Justice Department and trump have been raising social media posts from one another. They have been making political barbs in their filings, and so if judge chutkan is going to take a handle on this case and just look at it as a law, its one way she can do it. But there also is a situation where she is a judge who probably has been seeing many of these posts, including in the filings, and so it is quite plausible that she also may have some things to say about the public commentary of this case happening outside of the court probe. Thank you for all that kaitlan, james, to you. We have already seen how many times trump has attacked anyone involved in a case against him whether it be a judge, prosecutor, or one of the defendants. You, know this rule for protective order, what are the chances in your mind that donald trump always an order that the judge put some place . Well, he is known to test the limits, thats what he does. So i wouldnt expect anything different in this instance. I think that his lawyers will be held back in the court, if hes gonna want to exercise a free speech right bang away in terms of attacking the prosecution, attacking their case, and doing that all in the public domain, no doubt about it. Going to be very thoughtful about this, i do think that she is going to be very strong with both sides on this and will want to make sure. First and foremost, that witnesses are protected. That witnesses dont feel threatened, that witnesses dont feel intimidated, that none of that was going. On that is going to be in the forefront. Also protecting the evidence. There is going to be things that, i imagine, the defense is going to want to jam grandeur a testimony in this. The prosecution is not going to want that to be public in any way shape or form. Theyre going to want to protect that Sensitive Information and i think the judge is going to fall on the side of the prosecution in those issues. The broadness of just asking if everything is going to be deemed to sensitive and off limits, i dont think shell go that far because you do have Somebody Running for president , but i do think shes going to want to protect those Sensitive Information and witnesses, first and foremost. James,. You talked about trump pushing the limits, but a judge makes a ruling there is a very clear limit, generally speaking. What if he does not comply . What happens then . I cant imagine, this is a former president , is you going to be held in contempt, how did judge deal with Something Like that . Sure, the judge can hold trump in contempt. He couldnt she can sanction him, and she will exercise it. She is a very strong judge, its going to set the tone very early in this that she is in charge of this case and that donald trump is not in charge of this case. I think shes going to do that very early and i also think that she is going to be, shes gonna take very seriously the prosecutions request to have a speedy trial in us. The prosecution has asked. For trial early january, i dont know if it happens in early january, but i think that the speedy trial visions, d. C. Is known to be a rocket docket jurisdiction, so i think you are going to see it here. We are going to have a winter trial date for sure coming out of this hearing tomorrow. I want to go back to you, now kaitlan. The Special Counsel, as we just talked, abd we just heard from james, we arealking about january 2nd starting this trial. It was the Special Counsels asked for, 2024. I, mean what is the judge saying at this point. What else is being said about this . Because that is a very fast date. The judge has not weighed in on the trial date from the Justice Department and she wont. We dont expect her to morrow because the trump team still has time before they can respond and make their asks for a trial. Date however, we have heard her talk about timing before, just in the little orders that she has put in the docket. She has moved things along very quickly to get to this hearing that we are having tomorrow about the evidence and that hearing is not a standalone hearing about Evidence Handling and protective order, it is a hearing that sort of works back in time from the trial date. They have to have some kind of order governing the evidence in this case before the Justice Department given to trumps team so that anybody can get moving towards a trial. The sooner they get that done, the quicker they can set the trial date. So theyve got to get something set tomorrow and judge chutkan was not letting this drag out. She really wanted to have this hearing this week. Trumps team even tried to put it off until next week, its not going to be the case. And so we are going to watch tomorrow to see how quickly things will get moving, particularly with this first order that sets up the framework of everybodys next steps to get a look at it and prepare for trial. Now to you, james. You hear this date, january 2nd, and by many peoples estimation, many attorneys ive spoken with, that is a very fast turnaround for the defendant. Is there any realistic chance that the special prosecutors request for the january 2nd date that the judge actually goes for that . Like i said earlier, i think we end up with a winter trial date. I dont think it does early january, but i do think that she is going to put him on a strict Motion Schedule. The Motion Schedule you saw there was early november, i think youre going to see motions in december, january, and probably a trial date sometime in february. But this is going to be a motion intensive matter, i think that there are going to be a number of issues that the defense is going to raise in terms of the grand jury to make sure that it was charged appropriately and if they have an argument there, theyre going to make that argument. They are going to address the First Amendment issue, i know we have heard a lot about. That its something that theyre going to raise. Im not sure its a real strong motion for them, but nonetheless they are going to raise. It im sure theres gonna be privilege issues that are raised again just because they were addressing the grand jury level does not mean that that carries over into this case. I think youre gonna see some of that. It is all going to take a lot of time and this judge is probably going to write on those issues. James, caitlin, thank you so much for your insight on this and we will be sticking with you and coming back to you when we get more information. We appreciate you guys. Thank you. Now i want to bring in nick, the former assistant watergate prosecutor. He has an Opinion Piece in the New York Times arguing against televising Donald Trumps upcoming trials. Nick, thank you for being here. You say in your piece, andere is the line that really struck me, that it is wanting to testify in a public courtroom. Its a whole different level of Public Disclosure to testify before the entire world on television. A witness who is named and pictured on television becomes a sitting duck for any Trump Partisan in seeking retribution. It sounds like you are comparing these possible cases to what someone might say would happen in a mob trial. Is that what you are intending here . Absolutely. This is exactly the same danger that witnesses i had in mob trials experienced. This is even worse because if this is televised all over the world, looked what just happened in provo idaho, with one individual who is targeting joe biden, targeting the dea in manhattan, and others. And then you have the incident right after the Search Warrant was executed on maralago where an individual, a Trump Partisan, went out to cincinnati to the Fbi Field Office to try to shoot people. And the fbi office. So this is a very real problem and, putting this trial on with witnesses who are broadcast all over the world, it is going to create problems. I mean, even saw what happened with the january six committee. Cassidy hutchinson testified, but afterwards, she had to go into hiding and had security. There is only so much of the government can do in protecting people. There is a witness protection program, but you cant put everybody in that program and there is no way that you can guard against every crazy not out there who might try to do something. Nick, i want to talk to you about the publics right to see this, to know about this, this is a defendant like we have never had before in our countrys history. Not only was he the president , but he is a leading gop president ial candidate, and a former reality tv showman. Is your argument against televising the trial, or live, streaming it because of who is on trial . Absolutely. This makes all the difference in the world. It is not just a danger to the witnesses, but, lets face, it there is one thing that donald trump excels at and that is reality tv. And if there is any way that he can use this trial to appeal to his partisans, to put a wrench into the trial by virtue of appealing to the wider television audience, he is going to do it and that is just not a good thing for our justice system. What we really need in terms of transparency is the process and media doing a much better job of covering this trial and having people sit through that trial and understand trial practice, techniques, and are able to report on that on a regular basis, using transcripts that can be brought forward on a daily basis. All right, ill tell you what happened when i covered one of these trials, it wasnt donald trump it was the oath keepers. I sat there for the whole six weeks is that every day youve got the evidence brought down to the reporters at the end of each day, and so we are able to report it out being both in court. So well have to see what the judge does and how the doj response to all of this, but there is a lot of interest and a lot of people who want to be able to watch this gavel to gavel. Its not likely to happen. Nick, thank you so much for your arguments there. Thank you. Up next, well turn our attention to the devastation in. Maui the catastrophic wildfires killing at least 53 people and the toll, we just heard from the governor, is expected to rise. We will hear from governor josh green, who has toured some of the hardest hit places. And survivors of all that devastation, next. I just want to lie motitionless in a chair booking. Com, booking. 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Let Innovation Refunds help you get started on your erc tax refund. Stop waiting. Go to innovationrefunds. Com you really got the brows. We are following staggering wildfires in maui, cnns Chief Climate Correspondent bill weir and his photographer are on the ground now there and are looking at those images. Were getting this, and im watching them with you as we see them from their Vantage Point there in maui in a look at this devastation, row after row after row of homes and businesses charred. You are looking now at a drone shot there looking off the, water and all you can see for a very long ways dilbert outbuildings. Those are businesses there. This drone video gives you just a really big perspective on what people are going through and why authorities are telling people to try to stay away from this particular area, although maui is, by the way, still functioning, still, open its just that the area of lahaina is not. The death toll, we have learned tonight, has climbed to 53 people but there are still people, missing so officials are warning that the number of dead will likely grow. The number of uncounted for people at this point is 1000. If lets get an update from hawaiis governor josh cream now. Governor, the last time we talked to you you are racing back to your home state. Youre not only the governor of hawaii, or a resident there. What struck you first when you finally saw the destruction there in line . Well, it does definitely appear that a bomb went off. That is the feeling, of course it was a, fire that was spread by gale force winds, about 80 mile per hour winds on the back side of hurricane dora, which passed hawaii. We have never seen devastation like this before. Our heart goes out to so many families. We have confirmed 53 of our people have passed and, you know that number will rise. Our greatest tragedy in the past since 1959 was loss of life in 1960. It is devastating, lahaina has essentially been burned to the ground and i walked the entirety of front street in lahaina with our mare and senator it was quite shocking. Im an emergency room physician, ive seen a lot of injuries and tragedies in my life, but ive never seen devastation that extensive up close in the state. I am so sorry and were l