In two states, he wanted 2016 lost in 2020 and could be key to victory this year. And all were learning about israels strike on It Food Convoy that killed seven workers from World Central Kitchen. Good evening. Thanks for joining us when most criminal trials are just days away, most Criminal Defendants and their legal teams are busy enough, just prepping their cases. Dont trump of course, is not moos. Defendants. So today with his new york criminal trial, just 13 days away, his legal team try it again to get the trial judge to recuse himself. And in short order, Manhattan District Attorney alvin bragg responded. So we begin with that as well as some Court Filings which were expecting tonight in the classified documents case, cnns Kara Scannell is following all of it. So what is the trump teams arguments for recusal this time . Because the judges gave a ruling on this list in 24 hours ago. Well, so trump is asking the judge to recuse himself in this case because of work that his daughter does for a Political Consulting firm called authentic campaigns. It does marketing and fundraising. And in the past has worked for both the Biden Campaign and the harris campaign. So what trumps lawyers are saying that they now have this data of past payments that they received from these groups. And are arguing that that is grounds two for the judge to recuse himself saying that they stand to financially benefit from this trial. They write in a letter to the judge, the trial in this case will benefit authentic financially by providing its clients more fodder for fundraising. Authentic well make more money by assisting with those communications. And, your honors, daughter will continue to earn money from these developments by virtue of her senior role at authentic, then the das office did respond today as well. Anderson what did the dsa . So the das office is saying that the judge has already ruled on this and that he had consulted with an Advisory Committee on judicial ethics that they said it wasnt grounds for the judge to recuse themselves. They also say that trumps team has strung together as they put it, a daisy chain of innuendo, but not actual facts connecting any money going to the from the campaigns to his daughter and they say there is simply nothing new here that would alter this courts prior conclusion that nothing about this proceeding will directly benefit authentic or this courts Family Member, let alone this court this comes as trump again today has criticized the judge on one of his social media posts. And it is just the latest of trump making these comments about the judges as he is pushing the boundaries both in and out of the courtroom. I have a trumphating judge with the trumphating wife and family was either whacked out or dishonest donald trump is lashing out and testing the limits of judges and the rule of law as he is set to be the first former president to face a criminal trial. The Presumptive Republican president ial nominee and for time Criminal Defendant has been slapped with gag orders, stormed out of one federal courtroom and turned his appearances at others into campaign events. His targets are often the jurists on the bench. And i dont know how you can have a trial thats going on right the middle of an election. Not fair. Not fair. Its not fair at all. He knows democrat judge. Monday, New York State judge juan merchan expanded a gag order and is now restricting trump from talking about his family after finding trumps rhetoric threatens to instill fear and append the rule of law it is no longer just a mere possibility or a reasonable likelihood that there exists a threat to the integrity of the judicial proceedings. The judge wrote, the threat is very real judges overseeing trumps cases have faced bomb threats and swatting calls at their homes courts have increased security. Its very disconcerting to have someone making comments about a judge and its particularly problematic when those comments are in the form of a threat, especially if theyre directed at ones family. The Hush Money Case will be the Third Trial Trump Attends as a defendant in the past six months sitting across the table from the judge, he is attacked. We have a judge that property is it worth the tiny fraction . A frequent target is New York State judge arthur and who found trump liable for fraud and ordered him to pay nearly half 1 billion billion this road, judge trump hater the only one that hates trump flores is associate up there and corrupt judge named Zhorin Yona Be looked at seriously looked at trump was back in court in january where he tested the boundaries with judge lewis kaplan during the Defamation Trial involving advice columnist e jean carroll. Thats a nasty man. Hes a nasty judge as trump hating guy. After an outburst, the judge threatened to remove trump from the court but room i would love it. Trump replied despite the exchange, trump was not thrown out. Never know if we dont have a viable court system thats able to function efficiently, then we have tyranny. And i dont think that would be good for the future of our country and the future of democracy in our country. Now one judge that trump hasnt criticized since judge Aileen Cannon, who is overseeing the classified documents case in florida, she is set a deadline for tonight for both trump and the Special Counsel, jack smiths team to put together their thoughts on Jury Instructions. This is viewed as pretty unusual since she has not yet set a trial date in this case, and she also asked them to weigh in on the president ial records act. That is a key part. One of trumps defense and something thats Special Counsel says has no place in this case. Anderson, Kara Scannell, is very much want to get perspective now from jeremy vogel, who served as federal judge in the californias northern district. Also, marcus childrens former investigative counsel to the house january 6 select committee and cnn legal analyst, Carry Cordero. Judge, for vogel, i mean, this second attempt to get merchan tossed off, does that i mean, is it any different than the first attempt . I dont see any difference. Theres no new facts the association that his daughter had with her Political Agency was brought to light then. And theres really nothing new and there has to be a more specific connection. Theres not really any detail in this filing. No, there isnt. But what you would need to get a recusals, youd have to have a more direct connection because all judges have Family Members and their Family Members can do a lot of different things. They can be political activists, they can be they can have beliefs of all different kinds. And the question is whether theres something about what theyre doing that causes a reasonable person think the judge cant be impartial in the matter thats before the judge or that theres some direct financial benefit to the Family Member and you dont have that in this declaration . I mean, is there any precedent for uh, judges recusing himself because his daughters doing well is the judge was saying there are Family Members and spouses and we have these types of issues with judges. The standard is whether or not the judge has impartiality. His impartiality might be reasonably question and that of course is a very subjective analysis. Yes, theres no hard facts. It doesnt sound like in this particular case that there is an actual conflict that has been articulated. So it falls more into the appearance. Is there some sort of appearance of impartiality in this particular case that he would be biased in some way and even that doesnt seem to have really isnt to the level so much. Is this just to help trump politically too foster the narrative that hes being railroaded. I mean, going to caries point and ethics panel already found that there was no partiality to the judges daughter having a job and him overseeing in this case i think i think actually, if you go to the judges point, theres no new facts here in an argument actually feel speculative at best. There was no real facts alleged about the benefit that the judges daughter will receive from overseeing this case, and it feels desperate, almost like the way that we saw leading up to the certification of the election where the former president was just throwing things against the wall to see what stick and in this motion actually feels desperate as well, because the courts already rolled. It does certainly. I mean, desperately they be but it does certainly have an effect among his supporters have just rallying this solidifying this, thats what i wanted to say. I think theres from a legal standpoint is desperate because its an argument thats been made in rejected and theres no new new evidence. But i think on a political level, its not so much desperate as it is kind of what were getting used to, which is an attempt to tear down the legitimacy of the judges who preside over these cases. And its interesting as you played the clips, theres the same language over and over again. Rho judges democrat judges i mean, he is a master of just repeating the same thing, right . But without im not even taking political sides here, i think theres, its just, its a matter of a concerted practice of trying to delegitimize the courts that are presiding over his case. He has not gone after judge Aileen Cannon know whom he appointed to the bench in terms or actions so far in the maralago dot . No, he hasnt. And she has her own political history. Her own associations, both personally and her husband does. I mean, if one wanted to make an issue about those things, i mean, i dont think those are disqualifying people should know about them, but i dont think theres qualifying but but shes ruled in his favor over and over again. And so shes not been a target. And what i worry about and judge walton, i think really spoke to this. If you keep delegitimizing the judiciary over and over and over again, their bias there unfair there rogue, theyre irrational, behaved me all that that the more people tend to believe that the more they tend to think the judges are just like anybody else that theyre just politicians and robes. Theyre just doing whatever the beverage there the people who line up align with them, expect them to do it, that theres no legal process, theres no consideration of the law and i think it also incites violence and i wanted to say here that ive been doing a lot of teaching and my current roles, retired judges do a lot of teaching of current judges and people talk to me about whats going on out in the field. The concerns about physical security nationally have never been as acute as they arent alone court versus nonchord personnel, court clerks, judges baylis, everybody who works in the courts and its not just the judges have ruled against mr. Trump. Its its just theres an atmosphere of of anger and thinking that you can make Death Threats against people. Social media has really expanded that yeah, its a real problem. This is all the pizza it is all about. I mean, its like the deepstate stuff. Its all about sort of tearing down institution. Yeah. Hes trying to discredit our institutions as judge vogel and judge walton said last week, and he doesnt have to be expressed and asking for violence in his tweets for his supporters to view it that way. I mean, just a month ago, a january 6, ryder said he was buying into the patriotic call of the president and attacking the capitol on january 6. And i think that the former president s tweets about the court here in new york could be construed as a patriotic call. And i think that something we had to be really be worried about and consider as we head into actual trials less than two weeks from now. And as courts may be Start Holding the former president accountable for his actions. Kerry was something that federal judge Nancy Gertner said struck me. She said, judge cannon, what shes asked to parties to do is very, very troubling. Shes giving credence to arguments that are on their face absurd. Shes ignoring a raft of other motions, equally absurd that are unreasonably delaying the case. So this goes to judge cannon in the florida case, and her quest for these Jury Instructions. I think what was odd about her order on the Jury Instructions is that by asking the parties to weigh in on the president ial records act that really goes to a matter of law and is the type of issue that should have been resolved through motions practice . Not at the stage of Jury Instructions. So in other words, if she as of the view in her analysis of the law is going down the path of finding that the president ial records act actually applies in this case, what i would are you a dozen, but that it does. And that that permitted the former president to retain any classified documents that he thought belonged to him as president ial records. That actually the case would end. There and that would be a finding of a matter of law that she could make and then that would go up on appeal. Certainly that the Justice Department would appeal it. But what it is so odd in this particular circumstances that she fashioned her request for views from the parties on issues of law as potential Jury Instructions. Ive never seen an order like this. I was traveling for 37 years. I have never seen an order like this. Not trying to read, Judge Cannons mine i dont know, judge can and i dont know what her thinking is. But i do think that what you would normally do is carry just sit as you would decide the legal issues first, what is the law that applies to the case . Are we under the president ial records act, are we under the Espionage Act . What whats the governing law . And then you would make all of your Case Management decisions, including whats in the Jury Instructions based on those determinations. And so the ways shes doing it is exactly the reverse of how it would normally be done. And i think it could potentially put the government in a very tough position. Let me, lets say that she decides that the instructions that former President Trump is asking for are the right ones. That actually this is all about the president ial records act and they, he could have declassified anything he wanted to without following any formalities if he makes that decision and then the case goes to trial and then hes acquitted as he certainly would be with that instruction. The government has no recourse. Theres Double Jeopardy so that they have to find a way to get this legal issue decided first. And the way judge would normally do it as you would decide. Okay. Heres the law. These are instructions im gonna give. And if a party is agreed by that, whether itd be the defense or the or the government than they could try to get an intervention from the higher court, judge vogel. Thank you very much. Mark childress as well, Carry Cordero as well, coming up next the president ial campaign. And the chance to be president again runs through wisconsin. 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