Saying its just a number. Right first of all, john pat is an amazing shapes. Shes looked some great for 94. Wow. So who has the upper hand among these older voters, even the democrats there we met who support biden think trump does at the moment, and trump has historically anderson let me just pull up these numbers and look, forgive me for turning my back just so i can stretch them out. In 2016, donald trump beat Hillary Clinton among voters over 65. You see it there by seven points, right . It was smaller in 2020 and thats the difference. Joe biden, five points and keep it within the margins in pennsylvania, trump b. Clinton by ten, Trump Beat Biden by seven. So you dont necessarily have to win this constituency but if you keep the margins tighter, joe biden has to at least keep the margins tight. And the voters we talked to said, its a bit of a challenge right now. What about older voters and other Battleground State thats why this is so interesting. Let me get this one off the screen here. Come out to the national map and give you a show here. This just look at this. If you look at, let me bring it all the way out. You see pennsylvania in the key Battleground States, the darker areas here are where you have a higher percentage of 65 plus voters. Look, its the day are the most reliable voters they will vote almost always. And so for President Biden, he has to answer the age question, anderson, among those who understand this issue better than anybody, of course, theyre going through it every day and they talk about it. They have their own Memory Lapses they cant move as fast as they could. Again, it splits mostly along partisan lines. Its mostly democrats who say the president is fine and republicans who say they dont. But what was most interesting, we saw it in pennsylvania and it will matter in these other states is the democrats you heard in the piece there saying that theyre still what the president they think hes okay. But when they talk to peers, some of them have doubts and so thats an issue as we go forward here. John king, thanks so much. The news continues right here on cnn when migraine strikes, youre faced with a choice, ride it out, but the tradeoffs of treating or push through the Pain Incentive weve theres another option. One dose works fast to eliminate Migraine Pain treated anytime anywhere without wearing where you want its too late. Do not take with strong said 3a4 inhibitors, allergic reactions to your bravais can most common side effects are nausea and sleeping. My Drain Pain Relief starts with, you asked about uvalde. Learn how amphi to help you say, men tell us when they use just for men to eliminate gray, theres a great before and after then. Theres the after the after that boost you get when you look and feel your best and thats why more men shubi, just for men. When enamel is gone, you cannot get it back, but you can repair it with pro nammo, repair, it penetrates deep into the to to actively repair acid weakened enamel. I recommend for namma repair with new problem enamel repair mouthwash, you can enhance that repair beyond brushing. They were great together. How do i do it . With a little help and to support my familys immune health. I choose airport it has an unbeatable amount of vitamin c plus a unique blend of the mux focused ingredients the turn up our immune support airborne, turn up your music guys got hair loss. I know what youre thinking. Should i shaved my head . Coleman over, wear a hat. Just stop this isnt 1970. Keep your hair and your competence because bosley, americas number one Hair Restoration Experts can give you your real hair back permanently, check them out because theyre giving away an absolutely free information kit and a free gift cards to everyone who scans this qr code. Dude, you dont have to look like your dad because this isnt your dads hair loss treatment. People all over the Country Trust bob lee because theyre ahead of the curve they use the latest technology to give you your real hair back and the best part, Bosley Is Permanent Solution is protected by the Bosley Guarantee. Let them show you for free how awesome your hair could look with an absolutely free information kit and a gift card for 250 off. Scan the qr code, dont wait, scan the code now and ask about the Bosley Guarantee realtor dot coms real view maps show you precise wildfire, flood, and Noise Ratings on every homeless. They dont all have to do that not really. Trust the number one app Real Estate Professionals trust, download the realtor. Com app today. Awkward question is youre gonna be anything leftover. Oh, absolutely. My kids dont know what they want. You know, who knows what she wants with empower. We get all of our financial questions answered. So you dont have to worry, empower whats next . Liberty mutual customize my Car Insurance and i saved hundreds. Thats great. I know ive been telling everyone how many people did when i was your age, we never had anything like this. What . Wifi . Wifi that works all over the house, even the basement. The basement. So i can finally throw that party. And invite shannon barnes. Dream do come true. Xfinity gives you reliable wifi with walltowall coverage on all your devices, even when everyone is online. Maybe well even get married one day. I wonder what i will be doing . Probably still living here with mom and dad. Fast reliable speeds right where you need them. Thats walltowall wifi on the xfinity 10g network. Right now, get to leggings for 24 instore and online. I Melanie Zanona on capitol hill, and this is cnn ive run 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. Lots of Texas Dual Biden and trump both on the border speaking minutes apart from stoking fears, biden saying, lets Work Together. Who is the winning message . A new pictures tonight of the 30 american ballerina being held in russia shaw on Treason Charges. Court today, rejecting her appeal, ill speak to her boyfriend who has just received a letter from her. 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 8. Now, that could mean a trial and a verdict before election day. Basically, it appears that smith wants to move forward with the documents case as quickly as possible after suffering a major setback from the Supreme Court on his january free sixth 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 president , 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 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 the dc judge doesnt have room on the calendar between now and november to schedule a 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 information. 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 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 sits. 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 if jack smith gets his way and gets this july 8th start so if jack smith gets a july 8 start, 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 and the end of trial around september 16th. But both of those, uh, well, before both the alliance, while before the election, thats right. So thats why the july 8 and whether or not the judge cannon goes with the Justice Department is key to that outcome. So ben 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 this 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 as 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 . 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 the Nullification Issue could even be out there so ben trump has repeatedly tried 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 tonight should interference case. Nobody has ever seen anything like it in this disgrace obviously, but i should point out, he was there by choice in that case, but multiple judges have rejected the claim, right . The point that hes making. Do you have any worries though, ben . How it 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, are sympathetic to the fact that his political opponents are putting him 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, you know, 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 that he can be criminally charged. 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 unlikely. And i think the only way in which 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 trial period and a much shorter pretrial period, but thats a long shot 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 chord, 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 the court oh, absolutely. I think that they must be internal dissent on 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 great 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 if youre looking at the institutional design of the democracy, thats where they should rest with the voters until this dream court for whatever their reasons, has contributed to putting the verdict on donald trump at the ballot box as opposed to the core 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 very unusual in a certain sense. Its a surprise to some lawyers, is not reviewable. S