My name is oluseyi and some of my favorite moments throughout my life are watching sports with my dad. Now, i work at comcast as part of the team that created our ai highlights technology, which uses ai to detect the major plays in a sports game. Giving millions of fans, like my dad and me, new ways of catching up on their favorite sport. Everywhere go to shop mantou. Com to learn more United States of scandal with jake tapper. Sunday, a nine on cnn Closed Captioning brought to you by mesobook. Com our firm has offered a free book about mesothelioma for over ten years mesothelioma is really all we do. 808724901 tonight are 360 Breaking News. The former president loses one bid to n1 trial, but learns he might get a month long delay in another without trial less than two weeks away. From a michigan courtroom. Were Breaking News. A father convicted of manslaughter for the murders his son committed. And the latest from haiti in my conversation with shawn pen about what his religion Leaf Organization core is facing on the ground there as gangs remain in control of much of the capital. Good evening. We begin tonight with the Breaking News on the former president and happen just hours after for he walked into the federal courtroom, the judge, he himself appointed Aileen Cannon, sitting opposite hur. He watched as his attorneys argued the jack smiths classified documents case should be dismissed. The lawyers defended two of their nine motions to dismiss today, including the one arguing that the president ial records act allowed him to designate the classified documents he took his personal even though his own words suggest he knew otherwise, listen as president , i couldnt eat less that. No, i cant hit up, but this is isnt that interesting. Interesting indeed, prosecutors today read a transcript of that for judge cannon, who did not rule on the issue and related motion this evening. She did, however, reject another we have details now from cnns kaitlan, polands who joins us from outside the federal courthouse in fort pierce, florida. So talk more about the motion that the judge dismissed well, anderson, that was emotion. Were done. Donald trump wanted judge Aileen Cannon to dismiss the case because his lawyers were trying to argue that the law around National Defense secrets and the handling of Classified Records that that was too vague of a law. Judge, Aileen Cannon. She didnt buy it she made that clear in court and then shortly after the hearing, she issued her order instead, im not going to to dismiss the case on this argument that you made today. She said that this could be something that could come up where trump may want to argue this to a jury or that they discuss a little bit closer to trial heading into that trial setting the parameters for how the trial will go, the presentation to the jury. But thats how that particular argument went. There was another argument today as well. It didnt go that great either for the former president , judge Aileen Cannon was quite skeptical about arguments his team was making. These president ial records were personal because trump said so because he wanted to take them from the white house and keep them at maralago for the presidency, judge cannon made pretty clear that she wasnt really on board with that argument and seem to articulate herself in the same view as the federal government. The Justice Department in this saying that president ial records are president ial records, not everything can be a personal record just because someone tesa, but she hasnt ruled on that particularly yet. What was the atmosphere like in the court when the courtroom, everyone is pretty cool. Comfortable in this case working together. This is now ten hours that judge cannon has spent with these lawyers. And donald can trump in just the past few weeks doing arguments. And so trump is getting to the point where hes chatting with these lawyers. Hes reacting to the arguments that are being made, either some of the members of jack smiths team and jack smith was in the courtroom today, they react to when people stand up and make different points before the judge. Now the thing about judge cannon know is shes very hard to read and she doesnt often tip her hand. This is the one of the first hearings where we have seen her really side or at least indicate that she was going to side one way or another and she did follow that with an order, at least on one of these motions shortly after the hearing. And is it clear when shes going to decide the trump teams other arguments for dismissal no, judges can take however much time they need to make a decision. But the every time there is a delay in judge cannon issuing an order on one of these motions. Trump is making. Thats the longer it goes before everyone can set the table for the trial theyll end to see how that will shape up. And anderson, i should add this is two motions where trump is asking to dismiss the case by my count. There are seven more of these that could be argued from both he and his two codefendants so there are so many things that are stacking up for judge Aileen Cannon still to do here . Anions she needs to write where we really need to watch and see exactly where shes going to go. She has done very little to get through the pile of paperwork on her desk in this docket to get this towards a trial. And of course, hasnt set the trial date yet. Were still waiting on that schedule yeah. Katelyn polantz, thanks so much on his neck as former federal judge nancy gertner, to former federal prosecutors bestselling author jeffrey toobin, and Jennifer Rodgers and former fbi Deputy DirectorAndrew Mccabe. Jeff, how much of this is a setback for the former president . Not much. I mean, if theres some, theres so many more issues coming and what hes really trying to do is delay the case. The headline for me today is, you know what . Happened today . Nothing much. I mean, there is just so much more that this judge has to deal with to get this case to trial. Shes going at a very leisurely pace. Shes taking hours and hours. Are they going to have hearings for each of these other possibly seven possible. She hasnt said yet, but at the rate, shes going and the way shes letting the lawyers talk on and on about some of these motions are just absurd. I mean, the idea that its unconstitutional for jack smith to be supervising this case. Its completely Justice Department employee. We but but all of them i have to be decided before a trial date takes place, and she hasnt said a trial date and this case continues to be on a slow boat to nowhere. Judge gertner. I mean, judge cannon only denied one to the former president s motions to dismiss charges that typical that she would decide only one will nothing about the way shes handling the case is typical. So these are motions that could have been disposed of quickly these emotions that are not raising issues that are extraordinary and they could have been disposed of it quickly. And what shes done is shes allowing lengthy hearings on motions that really could be just taken care of. And if she does that with respect to the others, then we are talking about a delay. What is interesting about what she said though . Is that shes kicking all of this to the trial itself. And the trial would could well be a mess, allowing trump to raise defenses that really no one else would be allowed to raise essentially scuttling a trial if she ever gets to one and that of course, is an Open Question entering this motion to dismiss the trump team argued today that the president ial records act essentially requires the case be thrown out do you i mean, what kind of a precedent would the judge be setting . She agrees. So thats the motion she didnt decide today there were two that they heard she heard them one attacking the Espionage Act 18 Usc 79 d3, as being unconstitutional. She decided that in a two page ruling, the second one they argued she hasnt given us a ruling on that one quite yet. And thats his president ial records act in which he basically says i as president , waved a magic wand over these documents and turn them into personal papers. And therefore, it cant be charged for them seems to run counter to what he said in that audio, which is there was a time i could have declassified them, but i didnt and he clearly acknowledged on that tape that he knew those things were at that time. So classifieds so there is that problem. The other problem is theres nothing in the president ial records act that says that it gets in front of or eliminates the applicability of things like the Espionage Act and the fact that you cannot maintain or hold or withhold National Defense information are Classified Records when you dont have the authority to do so. And those are criminal offenses that have nothing to do with the president ial records act. So i dont think many people give that motion much legal credence. Its another one that probably should have been disposed without even a hearing. But here we are. Lets play that audio of what the prison said at when he was talking into that group in his room on the recording as president , i can update that. No, i cant get out, but this is is that interesting having damaged do you think that recording is for this case, jenner . Well, if we ever do get to trial, i mean, thats obviously a key piece of evidence for the prosecutors there. I mean, they have to prove intent to knowledge and Nothing Better than a defendants own words. Theres still may not go to trial it may not go to trial. I mean, shes been slow walking at the whole time, like judge gardner said, theres really no excuse for how long all of these things have been taking. Its frustrating for jack smith and his team because you cant really appeal that, right . You cant say to the 11th circuit, shes slow walking this case, you should be deciding more quickly. Thats on a basis for overturning anything are taking her off the case. And yet, if we get beyond the election and trump wins again, then of course hell just immediately shut it down and well never see trial at all. But you know whats most remarkable about this hearing just like the hearing two weeks ago in new york, its the trump is there. He doesnt have to be there. There is no reason for him to be there, except that he wants to be there. This is the Trump Campaign trump has decided and it may be a good decision that being a martyr, being someone who was attacked in court is good for his candidacy. And look, hes leading in the polls as far as i can tell. So maybe its the right decision, but this is how hes campaigning by being a defendant in court in judge gertner, i mean, if if he believes that the judge likes him is that an incentive to go to the court and been front of her as often as possible . Well, i think hes reminding her of his presence, but i mean, i think jeff is right. He doesnt he doesnt have to be there really, its very interesting about the ways in which his defenses and these arguments are dovetailing with what he wants to say to the two on the campaign, like he has a motion that this is selective enforcement, that his what, eight months retention of documents that he was told were classified is somehow the equivalent of bidens garage or pences garage . Or hillarys emails. He thats the selective enforcement youve gone after me when nobody else has. And these are essentially campaign themes. But as i said before really any other judge would have said denied and couldve done denied without a hearing are done denied with the same twopage order that she did so shes really spending way too much time on all this enabling him to make arguments that no one else would have made. Jennifer, what do you make . I wasnt trying to interpret what the judge said about about the idea that trump could designate records as personal and take them to maralago. She she called it forceful what what does that mean . Does that is i have no idea. Is that means thats an aggressive idea or wow, thats a forceful thing you can do. I hesitate to try to interpret what this judge is saying. Thats not a legal word that ive just not pretty have you do because im not a lawyer. No. No, that is i mean, i honestly dont know what she means. Okay. More than a little bit of the time and i dont know what she means here. I dont know if anyone else says new ideas, but its, its not a legal term of hard. Do you think this argument, andrew, about selective prosecution is what i mean, weve seen how the hur report you can make the argued that sort of argues against selective prosecution i dont think the selective prosecution arguments going anywhere. Its an incredibly tough defense to mount under any circumstances. And here, if thats the comparison between the this case and the investigation of joe bidens president bidens possession of classified documents after his term as Vice President , if thats the comparison they want to make, id be very confident arguing that what if i was a member of jack smiths team . There are so many massive massive fundamental factual differences between those two investigations. Its not even quite selective prosecution is a defense that almost always fails because what the judges say, look if youre guilty, youre guilty. Were not worried about what other defendants did. So the idea of selective prosecution, if the evidence shows is that youre guilty, its just always a loser. All right. Judge gertner, thanks for being with us. Everyone else is going to stick around. Weve got another trump trial to talk about before that, though, more Breaking News, a guilty verdict in the trial of a man named James Crumbley on Manslaughter Charges for the mass shooting his son committed at a school in oxford, michigan plus what Aaron Rodgers is now saying about cnn reporting. He privately shared false Conspiracy Theories about the mass murder at Sandy Hook Elementary School everyone loves an extra hundred dollars in their pocket. He showed us hey, due to have a turbotax expert file your taxes for you by march 31st to get 100 back instantly only from intuit about tax, sorry, body for knowing about actives. But 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 im sarah mind that even everywhere, new doves theorem, body washes get dove or get fomo we talking about cashback, kevin hart and that he talking about cashback. We told night rally bragg. Cash banking word. 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Now, last month, the jury said the killers mother, jennifer crumbley, bore responsible ability and convicted her on four counts of Involuntary Manslaughter. Today, it was the fathers turn. More from cnns jean casarez guilty of Involuntary Manslaughter, guilty James Crumbley, the father of the oxford, Michigan High School shooter, convicted four counts of Involuntary Manslaughter. These four where children what happened that day is about the deaths of these four children and what James Crumbley did and what he didnt do. Think about everything that James Crumbley did not know he did not know he had to protect others from his son Crumbleys Son was 15 years old when he opened fire in his school november 30, 2021 prosecutors say crumbley bought in the gun didnt properly secure it