The news continues next on seeing it 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 Listening 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 and my conversation with shawn pen about what his Relief Organization core is facing on the ground there as gangs remaining toal much the capital. Good evening. We begin tonight with the Breaking News on the former president and happen just hours after 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 now i cant get out, but this is is 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 will anderson. That was emotion where 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 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 could discuss 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 JudgeAileen Cannon was quite skeptical about arguments. His team was making that 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 after the presidency, judge cannon made pretty clear that she wasnt really on board with that argument and seemed 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 says which he hasnt ruled on that particularly yet. What was the atmosphere like in the court when the courtroom, everyone is pretty comfortable in this case working together. This is now ten hours that judge cannon has spent with these lawyers. And donald trump in just the past two weeks doing arguments. And so trump is getting to the point where hes chatting with these lawyers excuse reacting to the arguments that are being made, even 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 died the trump teams other arguments for dismissal no, judges can take however much time they need to make a decision, but the every time that 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 and 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 did you hear opinions 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 day yet. Were still waiting on that schedule. Yeah. Kayla thanks so much on his now its 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, theres, so, theres so many more issues coming and what hes really trying to do is delay the case. The headline for me he 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. But all of them have to be decided before a trial date takes place. And she hasnt set a trial date in 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 he 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 we could well be a mess allowing trump to raise defenses that really no one else would be allowed to raise. And essentially scuttling trial if she ever gets to one. And that of course is an Open Question. Entering this motion to dismiss the trump team argue today that the president ial records act essentially requires the case be thrown out. I mean, what kind of a precedent would the judge be setting if she agree with. So thats the motion she didnt decide today there were two that they heard she heard the 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 , waving 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 classified. So there is that problem. The other problem is theres nothing in the president ial records act that says that it it gets in front of or eliminates the applicability of things like the peonage 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 president said at when he was talking into that group in his room month or according as president , i couldnt eat less that. No, i cant get out, but this is is interesting how damning do you think that recording is for this case . 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, well just immediately shut it down and well never see trial 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 the tact and 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 he believes that the judge likes him is that an incentive to go to the court and be in front of her as often as possible. Well, i think hes reminding her of his presence, but 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 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 . The 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 could have youve 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 of 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 had 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 mean . 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 privy to because im not a lawyer. No. No, that is i mean, i mostly 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. Yvd. Do you think this argument, andrew, about selective prosecution is one 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 said hey, look, if youre guilty, youre guilty. Were not worried about what other defendants did. So the idea of selective prosecution, if the evidence shows 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 my name, 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 what happens to the golden boy of new affair with another man did you want to be how did again night its states of scandal with jake tapper are gonna get a therapist after having an interview with jake tapper. New Episode Sunday at nine on cnn, every parent knows when its time to go into protect mode adding lysol laundry sanitizer kills 99. 9 of illness causing Bacteria Detergents leave behind. Plaintiffs good sanitized is better. The right age for neutrogena retinol. Thats whenever you want it to be. 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