Thanks very much for watching. Im wolf blitzer in the situation room. Erin Burnett Outfront starts right now ill go next. The breaking news, the Special Counsel, jack smith, demanding a new trial date for trump in the classified documents case, trying to make sure the case goes to trial before the election. Could trump be convicted before November Plus A Texas Dual Biden and trump both on the border speaking minutes apart from stoking fears, biden saying, lets Work Together who is a winning message . A new pictures tonight of the thirtythreeyearold american ballerina being held in russia on Treason Charges. Court today, rejecting her appeal, ill speak to her boyfriend who has just received a letter from lets go outfront and good evening. Im erin burnett, Outfront Tonight. The breaking news, the justice departments new push to try trump before the election just moments ago, the Special Counsel, jack smith, filing a motion to start his classified documents case against trump on july 8th. Now that could mean a trial and a verdict before election day basically, it appears that smith wants to move forward. The documents case as quickly as possible after suffering a major setback from the Supreme Court on his january 6 case against trump trump, his team is, you know, for their part using now theyre trying time tested strategy of delay, delay, delay. Theyve just filed a motion just moments ago and it reads in part a fair trial cannot be held until after the 2024 president ial election is concluded. That is the entirety of trumps strategy in these cases, push everything until after the election. That way, if he wins in november, you can appoint an Attorney General who can toss these federal cases out. Evan perez is outfront live in washington. So evan, what does this new move by . Jack smith mean for trump . Well, erin, what youre seeing is prosecutors trying to find a way to box out the former president and his legal team. Because as you as you noted, what theyre trying to do is delay this to the point where it makes it impossible for Tanya Chutkan and the dc trial to find find room on the calendar. They know that obviously, given the fact that this that the that the Immunity Question is now before the Supreme Court we anticipate that what theyre going to do is look for something that will make sure that that the dc judge doesnt have room on the calendar between now and november to sketch chilling new trial. And so what jack smith is doing here in making this request is trying to at least have the judge in in in florida put a put on the calendar a date of july 8th. Now, we dont know whether shell go for this. There are a lot of complicated issues because this has to do with classified info aileen cannon, the judge, there has pretty much been been helpful with the former president and his legal strategy, so we dont know where shes going to go. But you also see this in another ruling in another filing today from the Special Counsel, one of the things that they raised in a filing today erin, is that they want to ask jurors about whether they believe the 2020 election was stolen. Its something that obviously the trump team is opposing, but thats an interesting thing for them to bring up this, of course, is a case now being going to be heard in fort pierce which is the trumpiest part of the sudden Southern District of florida thats where the judge overseeing this case, aileen cannon. Thats where she says so you can see the legal maneuvering that is going on between the Special Counsel and the trump team. Some of this, of course, is going to come to ahead tomorrow erin, when the two sides are before judge cannon for a hearing, thats going to go all day. All right. Evan, thank you very much. Take about that. The doj is looking at the exit polls. Weve seen in each of the states right. And when you look at how people are voting and do you believe the election is stolen . The numbers have an absolutely stunning among voters coming out of voters saying that they believe it was stolen. All right, outfront. Now, ryan goodman, our outfront legal expert, and ben ginsberg, longtime republican election lawyer. So ryan youve been talking about trumps legal calendar here day in and day out as each machination has occurred, can you lay out what it looks like . Like if jack smith gets his way and gets this july 8th start so if jack smith gets a july it started, we do probably get a verdict before the election and so there are two routes. One is based on jack smiths own estimation, youd probably get the end of trial around august 19, trumps estimation is its going to take a longer period of time for the trial so that you get a verdict in the end of trial around september 16th, but both of those, uh, well, before both while before the election, thats right. So thats why the july 8 and whether or not the judge cannon goes with the justice department. Its key to that outcome. So ben, it doesnt mean do you think theres any coincidence that smith makes this move a day after the Supreme Court said it would hear arguments on trumps immunity while hes in office and they said that theyre going to take that up and that means that likely will not get a verdict by election day in any scenario. It does mean that it means the florida case is the one that can move forward the quickest i dont think its an accident, but i think theres hearing has long been scheduled for friday. It was going to involve dates. Its significant. Hes moving get back to july just a week before the republican convention. Oh, thats interesting and important to point out as well. All right, so ryan, heres the thing though. Trumps doing his usual, right. Well do it till after the election. But you actually think that he may be better off with an earlier trial in the maralago classified documents case. How come how come . So as evan said that this is a very trump friendly territory for him. And i think yeah, and its basically its an open and shut case as a legal matter, but i think whats going to his best defense is Jury Nullification. That one of the jurors are more say, im not even going to convict this person even though the law and the facts say i should i think that he would actually stand a much better chance of that happening while he is the front runner, the nominee for the gop before the election, were he to lose the election . I think that Jury Nullification option goes down by a lot. And thats a significant point and people may not, may not realize that the Nullification Issue could even be out there. So ben trump has repeatedly tried but to argue that even having to be in a courtroom for trial is Election Interference, right . He said that all these cases are Election Interference by the fact that they even exist. Heres just a couple of examples. I go to a lot of courthouse is because of biden because i using that for Election Interference instead of being South Carolina and other states campaigning, im stuck here to Nightshift Interference case that nobodys ever seen anything like this graduates a disgrace i obviously, but i should point out, you know, he he he was there by choice and that case. But multiple judges have rejected the claim, right . The point that hes making. Do you have any worries though, ben . Helped may look to voters the closer we get to election day yeah absolutely. I mean, what what donald trump has shown is that this can become a prime ingredient of his campaign. That he can play the victim. And there is a certain element that shows up in the polling that says people, even independent voters voters are sympathetic to the fact that his political opponents are putting them on trial so close to the election. So this is a fraught moment really for the way the campaign plays out, for the democracy general so ryan, do you think that jack smith at this point has accepted i mean, i guess hes got to be realistic about it that obviously the maralago is the only one that he could get a verdict in, given that the Supreme Court is going to hear the immunity issue, even presuming that they rule that he is not immune that he can be criminally charged. Theres, theres no verdict in that coming in the january 6 case. I think he probably thinks its a very low likelihood that theres a verdict coming, so its better to put the eggs in the florida basket. Theres still a chance that he could get a verdict in january 6, so that if that gets put back on the rails, but thats unliked and i think the only way in which it really happens is it gets handed back to him greenlight to the trial court, and then he decides to slim down the case, not charge all of it. In order to get a much shorter trial period and a much shorter pretrial period, but thats a longshot bid thats why i think hes going for florida. I do want ask you one other thing here and then get bens reaction and that is just on what actually happened behind the scenes at the Supreme Court it doesnt seem from a lay persons perspective that if jack smith comes to you in december and says, hey, what did you hear this immunity issue. So lets get it taken care of Supreme Court. Supreme court goes know well send it to another court, implying let them decide. And then they decide and the Supreme Court takes three weeks to decide whether it will weigh in or not all this time passing that didnt need to pass. Does it indicate some sort of real tension on a court . Oh, absolutely. I think that they must be internal dissent in the court in that sense, trump does have, in all likelihood for justices that have said, okay, well take, well actually going to take this case. Were not going to let it go back to the courts below. And that were going to take it and you can take two months to brief the case as well. So it doesnt seem as though theyre in any major hurry, even though april, to some extent, as an expedited schedule for them, right. Its not according to what this is all a really right. And i understand the way the court works is fair to point that out. Right. But that is a fast move. But nonetheless, waiting the three weeks ben, they could have decided in december, what do you thinks happening on the court . It could have. Well, i think theres obviously some dissension in the court about how quickly to move on this. And its important to put this into big context. None of the silver bullets that have been shot at donald trump, whether its impeachment or the russia gate, or now any of the prosecutions or the 14th Amendment case is likely to strike home before the election. So the fate of donald trump and his actions are now going to be judged by the voters and in a real sense of youre looking at the institutional design of the democracy thats where this should rest with the voters until the supreme in court for whatever their reasons, has contributed to putting the verdict on donald trump at the ballot box as opposed to the court right. Is it safe to say with this news that we have tonight, right. Trump trying to delay the maralago classified documents case till after the election, jack smith requesting a july it start date that would get him a verdict by election day easily. Its the riskier path given that the ruling so far from that, judge have obviously gone in trumps favor and given the jury pool, it is risky and its also risky because the judge can administer the trial. However she wants, theres a lot of discretion. Theyre not however, but a lot of discretion. Yes. Theres even a little bit of a wildcard. She could even issue a direct verdict after the prosecution presents their case and say theres not enough case here and thats actually not reviewable. Theyre just many ways and not reviewable. Its a very unusual in a certain sense. Its a surprise to some lawyers, is not reviewable so thats why some people have suggested she should have been recused because you shouldnt this person should not have that much control given how many times she seems to favor donald trump. And very unusual isnt it wouldnt go to a jury and theres no appeals process right . Wow, ben, does that surprise you well, i mean, i knew this existed, but ryan says it exactly right. It is it is a fraught strategy which again is why that none of this is likely to come to pass before the election takes on such significance in the Camp Campaign meeting in a way youve taken away the factor that donald trump is based in his campaign on, which is hes a victim. So this is a different political reality where all of a sudden going to need to deal with all right. Well, ben ryan, thank you both very much. And next, biden and trump, facing off tonight over the border in texas in the same place at the same time for the first time this election. And the difference between them was stark they coming from Insane Asylums and the a terrorist patched his bipartisan Border Security bill. We can do it together plus a horrific scene in gaza, more than 100 people dead, hundreds more injured after a deadly crush of people in line for food what happened . And an Outfront Exclusive, ill speak with congressman tom suozzi, who won one of the most closely watched elections flipping George Santos seat. What can democrats . Lets learn from his victory die. Im not guilty. I am resigning Administration Officials destroyed my cover were great power meets questionable decisionmaking. And then on faceless, wow, what Backroom Deals . Cia aac affairs, bribery ruptions, prostitution. As someone who lives for politics when a major scandal unfolds, i have to theres so much more to the store in knighted states of scandal with jake tapper sunday at nine on cnn, my life is full of questions. How do i feel any always thing . He was tied to, i need to appreciate guacamole a time. Why do we even by knapp . Thankfully, ties to answer to almost all of them craps or eyebrows except that one for all of lives, laundrie questions. Its got to be tied. I brought in a job, max protein with 30 grams of protein. Those who tried me felt more energy and just two weeks here, ill take that ensure protein 30 grams, protein one prim sugar, 25 vitamins and minerals, and a new fiber blend with a prebiotic were you worried the wedding would be too much another destination . Why do we just got bad from her sisters . It knapp book its manager in that book, my daughter who gets made someplace more expensive my daughter, jamaica, why cant they use back with power . We get all our financial questions answered. So we didnt have to worry can we get out of here . I thought youd never asked join 18 million americans and take control of your financial future with a realtime dashboard in real life conversations empower whats next . Congrats carroll, your youngest finally, pop the question, but now youre really going to have to get those new dentures after all, you need a smile that matches the moment. So this might be a good time to mention that has been dental can create natural looking dentures in no time just for you. And that comes with 0 down plus zero 0 interest if paid in full in 18 months, helping mothers of grooms and look their best. Its one more way, aspen dental is in your corner . Sorry body for knowing about actives that giving 100 of them to my face, the fear no more body get active serums with Hyaluronic Acid that quench vitamin c that brightened and pro sara mind that even everywhere, new Dove Serum Body Washington get out or get fomo i was scared when i was told to agerelated Macular Degeneration could jeopardize my vision. It was hard, but taking presser was easy. Preservation as the exact clinically proven, a rich to formula recommended by the ndi. Im taking control like millions of others want to know a secret. More than just my armpit stink thats why i use secret whole Body Deodorant everywhere for out of five gynecologists would recommend whole Body Deodorant, which gives you 72 hour odor protection from your bits to your secret whole Body Deodorant. She random place like a puppy again, number to use is a brandnew dog all in less than a year. When people switch their dogs food from kibble to the farmers dog, they often say that it feels like magic but theres no magic involved its simply fresh meat and vegetables with all the Nutrients Dogs need instead of dried pellets, just food made for the health of over 500 call or go online now to request sure free quote Anderson Cooper 360 tonight at eight On Cnn Tonight, trump and biden in their first direct face off of the election on the issue that ranks number one for voters, immigration and wow, it was two totally different universes today trump was talking about jails being emptied and South America and in africa theyre coming from jails and theyre coming from prisons and they coming from mental institutions and theyre coming from Insane Asylums and they are terrorists. Theyre being led into our country thats just a little taste. There were 30 minutes of comments like those. Again and again and again as he upped the ante, he blamed the crisis on joe biden but this is a joe biden invasion. This is a biden invasion over the past three years, the United States is being overrun by the