Love, its what makes subaru subaru. Tonight on 306, 360, so much for lazy summer days. The first big moment of the election case, the judge warns donald trump to watch what he says and says to her he is just another defendant. And a Special Counsel appointed to investigate hunter biden and others. Who are those others . Plus, we are live in maui where the Death Toll Rose sharply. Some especially powerful new video is coming in which we will bring to you along with exclusive reporting on how hawaiian officials may have underestimated the risk of a tragedy like this and missed key opportunity to prevent it. Good evening everyone. John burrman here for anderson. And how the judge will be handling the most important trial this country has ever seen and the most singular Criminal Defendant ever. Someone who is running to reclaim the highest offense in the land. On top of that, he is donald trump. The venue outside a hearing on how he may have handled evidence that prosecutors will be turning over to them. Specifically what they are allow today make public. On that, the judge granted some though not all of what each side was asking. On the former president himself, though, who has been talking at times ranting about her and the case and the special council, she was unequivocal. She says he is first and foremost a defendant which comes with certain restrictions including what he can say and post online. What she did not say was when on this crowded calendar the case will be tried. The government wants january, team trump wants after the election. Earlier tonight on the situation room, one legal expert told wolf that given manhattan da alvin braggs openness to postponing his march trial, late march looked interesting to him. As for what happened today, cnns Jessica Schneider joins us now. Jessica, walk us through what the judge laid out today with the protective order. Yeah john, this isnt as broad a protective order as the prosecution wanted but it does restrict trump from publicly disclosing this socalled Sensitive Information handed over to them. This is Sensitive Information that includes grand jury process information. Information about search warrants. And this protective order, it also governs how trump can get access to this information. He cant have his phone or any Recording Device when he views this information. And john, there is a lot of it. Prosecutors said at the hearing, they are prepared to hand over 11. 6 million pages of documents that also includes recordings of witness interviews that trump also will not be able to share or post on social media and the judge says she will be scrutinizing everything he says. What did the judge say about the proverbial elephant in the room. He is not just a former president. But a front runner in the current election. Reporter she said though trump is a political candidate, she said in her words he still has to yield to the administration of justice. So she said if that means that his political speech has to be somewhat limited, that is just how its going to be. The judge said that trump, she put it bluntly, does not have the absolute right to free speech as a Criminal Defendant. He has to play by the rules here to make sure the jury pool isnt tainted and to make sure witnesses are not intimidated. What about the time line . Did the judge tip her hand at all . She is signaling repeatedly she is ready to move quickly in this case. And she said that the danger to tainting the jury pool is really a big reason here. And she warned trump, she said him an his team, the more comments you guys make about this case, the greater chance that shell have to order a quick start to this trial to ensure a fair jury pool and john, you mentioned it. Special conciliates team has proposed that january 2nd start date. Trumps team needs to put in a filing next week to propose their possible start date. Likely like you said, they wont want to start until after the election. Some time the day after never perhaps for the trump team. Jessica, great to see you tonight. Thank you so much. With us now, Katelyn Collins who anchors the source at the top of the next hour. Jeremy fogel. The Executive Director of the berkeley judicial institute. She tipped her hand about her overall attitude of donald trump. Me is a defendant here. So how is the trump Team Processing that . Yeah. This is the first time they were ever in the room from front of her. Before it had been a magistrate judge. This is the first time they were in front the judge trump has been attacking. His allies have been attacking. They suggested they may ask for her to recuse herself. Now they are in the room with her. She is not treating him as a former president or a 2024 candidate. But as a Criminal Defendant. And essentially, as they were trying to make arguments about him being on the Campaign Trail, that is basically his day job. I thought that was one of the most telling comments she made. The whole thing was really, it shed a lot of light on what the next few months could look like and how she is going to proceed on this. That is what we are looking for. We did it with judge cannon. The judge, looking the see what will be her style. That will determine the scope of this. This is a pretty routine thing asking for this protective order. Its not a gag border. She amended it to go with what trumps team wanted. But this just shows you that they are going to be so many battles like this going forward. So, sensitive material restricting donald trump. What he can say about sensitive tell which are materials containing personally identifying information. What does that look like in practice for someone like donald trump . Well, john, its five, six categories of materials that they have designated as sensitive. And what that looks like, it is grand jury materials. Its the key evidence really that they are going to use to prove the case against donald trump. They are legally required to provide that to him. And, in practice, what that means is, his lawyers will show him the most important information. They will talk to him about it. They probably are not just going to leave anymore a room to read. He will be able to react to them. But if he hears the danger, the red line, if some of that information is trapped in his brain, that isnt otherwise public, and then he lets it out in whole or in part, in a social media posting, in a speech at one of his rallies. That is when they will say donald trump will breach this order. And there is potentially very serious penalties for that. So with an undisciplined individual like trump, theres danger that is breached and danger of those penalties. So what happens then if donald trump does cross one of those red lines . What options are available to the judge . Well, i think most judges in a situation like this would use what people would recognize a progressive discipline. If it happens once, they would try to understand why it happened. And what the motivation was. Whether it was inadvertent or intentional or if it was a violation. If it happens repeatedly, then it becomes more intensive an inquiry. You have to look at what the nature of a breach is. If it is critical. Like Witness Intimidation or revealing information which is clearly confidential. And, the defendant knows it is confidential. That is pretty serious. That affects the integrity of the process. What the judge is trying to do here i think is balance mr. Trumps rights as a defendant. And every defendant has the same rights to a fair trial and the presumption of innocence. Trying to balance those rights against the need for the integrity of the process. And prevent things like confidential information being leaked. Jury pools being tainted. Witnesses being dissuaded or intimidated. Thats the balance she is trying to strike. If a defendant does something that is particularly egregious or if they do things over and over again that are clearly prohibitive, the judge has the option of imposing sanctions. Sanctions could be a fine. The most extreme sanction could be revocation of release. The defendant could go to jail. I think the chance of that happening are very remote at this point. But it really depends how things play out. I want to go back to this Day Job Comment when the judge said running for president is Donald Trumps day job. She also said to the defense council, you are conflating what your client needs to do to defend himself and what he wants to do politically. So do you think that donald trump and his defense team that they understand and or care about that distinction . I think the point of frustration that we saw from trumps Defense Attorney was over mike pence. Obviously, he is at the center of the january 6th investigation. And he had raised this idea of mike pence being on the debate stage. And trump defending himself. And the judge really dismissed that. She did not even, she did not say that was, she said it was giving her more concern he was raising that kind of a point than it was alleviating her concerns. So i think that is something that you can potentially see. And going back to what information does he learn from these documents . They could get transcripts. That is where the issue will be. He could be on the debate stage with mike pence. He has been attacking mike pence, pushing back on his claim. I mean, they were very frustrated at those points in the hearing. One way to look at that Day Job Comment is that if the Iowa Caucuses are your day job, there is nothing special about the Iowa Caucuses. Her saying if this guy keeps speaking out, i will start the trial more quickly, how is she disposed to plan the trial date . She will set this trial down on the calendar in the first part of 2024. That is clear. Number one, there is a legal presumption under the speedy trial act. 70 days. That gives us october. Number two, she said she cannot and will not factor the effect on political campaigns, john. That means she will treat him like any other defendant who has a day job. And then that comment, the more inflammatory remarks there are, the faster ill schedule this trial because of the potential effect on the jury pool who makes more inflammatory comments than donald trump . All indications are that we are going to see this trial. I think probably the first of the major criminal trials of donald trump that will take place. Thank you all for being with us. And a quick reminder, katelyns guest at the top of the hour is abby lowell. The naming of a special council in the hunter biden probe. And what it could signal aere about prospects of a trial. Well take that up next. That interview will be fascinating. Breaking news out of maui. The Death Toll Climbing steeply. New images from the scene we will bring you along with new reporting. At what may have been missed opportunities to prevent this growing tragedy. I remember when i first started flying, and we would experience turbulence. I would watch the Flight Attendants. If theyre not nervous, then im not going to be nervous. Financially, im the Flight Attendant in that situation. The relief that comes over people once they know theyve got a guide to help them through, i definitely feel privileged to be in that position. We always had questions. Who do we belong to . Who are our ancestors . I know we have them. When i found that Immigration Record on ancestry®, it just changed everything. I feel like a time traveler. The minute you drive off the lot. Or more. 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We saw Merrick Garland gave this Press Conference where he cited the extraordinary circumstances around this case. And of course the president s son being investigated is extraordinary. But this has been going on five years and he said david weiss came to him earlier this week. And requested this special council designation. We saw there was a plea deal for hunter biden who was essentially going to get slapped with Tax Misdemeanor Charges and have this Diversion Program to avoid a gun charge. But that still doesnt fully explain why at this point in the game, weiss wants the full powers of a special council. It would allow him to bring charges in any venue he wants. Not just delaware where he is the u. S. Attorney. What is the new special council saying about the status of the Hunter Biden Case . As we said, hyraces minutes away. Hunter biden at one point a few weeks ago was perhaps minutes away from completing this plea deal. Reporter yeah. And then things spectacularly fell apart. And what we learned in Court Filings is the newly designated special council saying behind the scenes, they have not been able to reach a new Plea Agreement with Hunter Bidens team. So weiss plans to go to trial. He is not doing that in delaware. Likely dc or california. Where crimes were committed or hunter biden has been residing. Once you are designated special council, you can investigate anything that comes up. There has to be concern on this potentially ballooning as it goes on. Sara murray, thank you. Perspective from evan osnos. The life, the run, and what matters now. Ashley allison who served on the 2020 biden campaign. How big is this news . The appointment of the special council . That Plea Deal Negotiations have collapsed . Substantively, it shouldnt change things. They have investigated this case for a half decade. It is a little bit puzzling what garland has done here. He could have appointed special council from day one if he wanted to do that. It is just not clear what has changed here. And actually, interestingly, the better designation would have been to make him a special attorney under the doj rags which gives him the ability to go to other venues. Special council is usually someone chosen from outside doj. Because you want the point to be an appearance woman impartiality. Of impartiality. That is not the normal pick. It is pretty puzzling what is going on. The main reason we are told is david weiss asked for it. Evan, President Biden is obviously running for reelection. How is this going to be for him not to address this on the Campaign Trail . Yeah. You know. Just his nature. Personal or political challenge or setback. He talks to the public. He will talk to columnists and authors and this is a case where his instincts essentially are not allowed. You know. He has been vigilant about not talking about this case. And anything but the most personal terms, just talking about the fact he supports his son who has gone through a difficult period. As the president often says he has put it behind him. The reality is you will see him draw a brighter line between making those kinds of personal statements as a father. And not wading into the questions of Criminal Justice in the same way he hasnt waded into the questions of Criminal Justice around his opponent donald trump. Thats a line he has to be vigilant about not crossing. He says he has given garland the Special Counsel now. He has been very supportive of hunter biden as his son throughout this. Congressional republicans, many of whom had been calling for a Special Counsel are now criticizing the appointment of u. S. Attorney david weiss as Special Counsel. So what do you think is driving this . Well the challenge for republicans is they continue to move the fie