Good evening and welcome to a special early edition. Im laura coates. Live. We begin with breaking news. Special counsel jack smith is now thinking a gag order against donald trump in the classified documents case. Jack smith is asking the judge to quote, make clear that trump may not make statements that pose a significant imminent and foreseeable danger to Law Enforcement agents who are participating in the investigation and prosecution of this case. So now, why is it special counsel asking for this . You might be asking, well, its because of what donald trump said this week when he falsely claimed, but fbi agents who searched maralago or quote, Locked And Loaded and authorized to shoot him. He was misrepresenting the standard language and documents and the fbi says it uses routinely. Heres by the way, how attorney general Merrick Garland explain it just yesterday okay. And that one that allegation is false and it is extremely dangerous the document that is being referred to in the allegation is the Justice Department standard policy limiting the use of force as he fbi advisers it is part of the standard Operations Plan for searches. And in fact, it was even used in the consensual search of President Bidens home now, unsurprisingly, trumps team has opposed the request for the gag order. Keep in mind this isnt even if this is the first time it has a counsel jack smith is actually sought one in this case, and he did apparently do so on the friday night before memorial day, seemingly because he very strongly feels the need for this Guy Egg Order with me now for friday, were prosecutor jennifer rodgers, also criminal defense attorney, joey jackson, both are cnn legal analysts may begin with you here. Jennifer, because this is significant for so when we first heard about the statement, the Locked And Loaded terminology that was being used it is not accurate. It was not what was actually going on. And yet it has caught fire. How dangerous is this, given that he wants have a gag order now . Yeah. Well, this is the problem. Might its one thing for the former president to say things that arent true about what the difference your special counsel cases are doing and so forth. But this is saying fbi agents were effectively coming to assassinate me. I mean, its ridiculous. I night you can see some of his followers kind of take that as an invitation to go out and do some violence of their own, possibly against Law Enforcement. So i think thats why everyone is so concerned about this and they want to really tamp down on it as soon as possible. I joey, hes Fundraising Off of this, by the way, on the same misrepresentation here. And this request i mean, nothing nothing. The federal government doesnt move as quickly as other entity shall we say, it is the friday before memorial day weekend. Of course. And this suggests that in many respects, the Urgency For Ag Girl and to come out and talk about this as well and why this is so significant i mean, the idea of putting maybe agents and danger over this is incredible. Yeah, lord, this is troubling for a lot of reasons just in terms of a fact check, i think two things are very significant. The first is that he was not at the location at the time maralago when it was searched, very critical number to the Secret Service was informed with respect to the actual search. And those things i say because it puts it in context, its not like he was there and ducking with his family while bullets were flying. And i think we have to Everyone Needs to understand that language and rhetoric have consequences right. And people if the wrong thing or said, particularly when you have a bully pulpit like he does where he has many millions of followers. People can take it in the wrong way. And when youre talking about Law Enforcement and what theyre not doing, right . He saying they are doing that, trying to assassinate him. It puts people in danger in jeopardy. Last point and i will continue to say we saw this as it related to the former speaker of the house and what happened to her husband, some deranged person goes and really attacks him, right . And thats a problem. So to avoid any type of just danger to anybody else, you need to consider a gag order to stop things that are said that irresponsible and remember, i mean, after there was the search, the executed search warrant, theyre calling it the raid on the maralago compound in the state there were threats to kill or post that was said to kill all federal agents. There were people who were doxxed. There were incidents where even fbi Field Offices had different threats made against them and beyond. So its not just a prospective issue. We can look back not too long ago and see Something Like this. This is before a judge cannon no, jan and judge cannon has had a lot of headlines around perceptions that shes not going to take this case as seriously moving the needle and moving the case forward she says all these motions that are still pending that she could resolve at least half of them in the ordinary course of things. Will this judge take this seriously, this request . Well, its interesting because one of the things that was so contentious between judge cannon and the special counsel was the issue of information about witness this is identifying people who had testified in the grand jury and potentially putting them at the risk of intimidation or threats and there was a lot of backandforth where she was really pushing back against the notion that this information should or shouldnt become public. So my concern is that she doesnt really take seriously this notion that peoples lives can be in jeopardy or turned upside down if they their information becomes known to the public, which makes makes me think she might not move on this as quickly as she should, but well see joy. There are multiple gag orders now that are pending or requested against donald trump as the defendant. We know of course the one on in manhattan, youve got judge merchan, the potential is only i think 3,000 or a certain amount per different violation, a maximum penalty he is not he already threatened for potentially jail the rise of go to the jury its not going to happen anytime soon if at all does this indicate to you that this will be the moment he begins to take it more seriously, a new request a different jurisdiction. I federal court. Yeah. Laura, i certainly hope so. The fact of the matter is is that again, when you act and you say things that are irresponsible, people could be put in danger and to everyone who says First Amendment, First Amendment, yes, we have First Amendment rights. But youre right to the First Amendment ends, where someone else rights begin. We know you cant yell fire in a movie theater. Why people will be endangered. You know, you cant defame people. Why . Because youre spreading falsity. That impair and impune their reputation. What am i saying . Im saying there are limits with regard to what you should say. And when you have so many people who believe in by end two things that are false and irresponsible. The consequences could be dire. And so i hope so. What youre a wonderful defense attorney, so wellrespected. Have you ever seen an instance where is it typical for every american . Dear to see . Is it typical to have gag orders in place in your cases for the average defendant, not just because this particular one has its extensive pulpit that could be a bully pulpit. Is it normal to have these gag orders . Well, first, thank you for that, laura. Um, you know, the answer is no. Its not because generally people follow the rules. Theres a certain decorum and theres a certain protocol. And i think people understand and our process that that protocol needs to be respected. They respect the person in the robe and theres not a sense of entitlement because the normal person, when they do something, they say, excuse me, mr. Jones, did you understand my rule . When you didnt . Okay. Officers take charge and when you dont have that to worry about, this is a different way that you comport yourself. I just hope that perhaps is a change in the rhetoric. I know theres an election, i get it. People can vote for who they vote for. Everyone has a side. But at the end of the day, putting people in danger is not the place we want to be or not the thing you want to do. And so its unusual, it shouldnt happen, it is happening and its gotta get under control. Well, lets i mentioned of course, judge merchan in this manhattan trial, the Hush Money Trial, we know that there have now been Jury Instructions that had been finalized. The councils for the different parties du have them. The jury is not going to see them until obviously next next week when they returned to begin to hear instructions and also deliberate i want to go to you, jennifer, on this because this is going to be the most critical part of a trial. I know everyone thinks about the witnesses, of course but the idea of what it youre going to actually will decide on is so important. And one thing im looking at in particular is this idea of how theyre going to quantify the word substantial when it comes to whether or not donald trump made this hush money payment reimbursement, or otherwise because he was looking at his marriage and his family or for the campaign, theres no quantifiable number attached to it. What are you looking for in these Jury Instructions for this jury . Well, whats interesting as you probably know, is the jury actually doesnt take them with them in written form, so theyre going to have to listen very carefully. And if theyre confused about what theyre supposed to do with the law, theyll have to ask for it to be reread to them in the judge changed that in this case. Im told no, im told that they cant go back with them in written form, so i dont know whether theyre going to come back out and ask for clarification like you say, but we ask jurors to do this all the time, right . What is beyond a reasonable doubt mean . What does a preponderance of the evidence may like all these different terms. So i think theyll just talk amongst themselves, what does substantial mean to us in the jury room what was in his mind was more worried about the election was a more worried about his wife reputation kind of where did it all thought . All but to me, if a good chunk of that, whatever good chunk means substantial is that he was worried about the election and what was going to happen with respect to that, then thats probably good enough, you know, this is what jurors do. They take their everyday experience and their understanding of words like substantial, which is not a crazy legal term. And thats how they figure it out. And sometimes they can ignore all those things unbeknownst to us, right . And the rule any other way joy quick before i let you go what do you think the prosecution is going to have is the theme and whats the defense going to have . Is there a theme . Yes. So very quickly remember, prosecution has to end where they began conspiracy and cover up and what they will try to do is to minimize cohen with regard to what you have to believe and trust and maximize common sense and what the other witnesses did and establish that you can infer facts that the president certainly knew and that he hit it based upon the larger issue of impairing the election. And as a result of that, hes guilty in terms of the defense, they will maximize cohen. Hes a liar, hes a hater of the former president. He was doing this its motivated out of animus. Hes the only one who establishes the direct connection. You cant believe him. And as a result of you not believing him, you have to acquit. Those will be the competing narratives, but no glove at the end, no, if you cant, no blood will happen will be now those i mean, if it is ill be watching it very close. Thank you both so glad to have you all on tonight. Jennifer rodgers and joey jackson. Everyone ahead preparing for the gloves that come up see my Transition Point the Biden Campaign gets ready to enter a new aggressive phase as trumps Hush Money Trial draws to a close, were going to look like next sirens are going off tornadoes here, you cannot out swim this. You cannot outrun it it really. Is a terrifying experience. It is a stuff nightmares. You just hear and feel it. My eyes and my throat were very im im thinking im going to die and i thought that was it. Earth with we have schreiber premieres june 2 at nine on cn, millions of people have lost weight with personalized plans from noon, like britney, who lost 20 pounds i felt so supported by new it became an anchor for me. 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Dont miss out on our fastest speed plans yet switch to Comcast Business and get started for 49. 99 a month. Plus, ask how to get up to an 800 prepaid card. Call today dash. Com right now and see how much you can save more and liebermann at the pentagon. And this cnn for weeks, biden has stayed silent on trumps legal troubles, even as some party have really encouraged him to speak out, so might a verdict in the manhattan trial change bidens mind or maybe even forced his hand. Cnn report that once the trial ends, the Presence Campaign is israel to launch into what theyre calling a new phase essentially its are taking the fight right to donald trump and weve got to taste of what that meant today with the release of this ad voiced by none other than the trump critic, Robert De Niro now hes running again. This time threatening to be terminated the constitution. If i dont get elected, its gotta be a Bloodbath Trump wants revenge and just stop at nothing to get it and thats just the start of it. Remember, in 34 days, biden and trump are going to face off for the first president ial debate right here on cnn were told biden will aim to needle trump taunt him, and press him to explain his own words. Campaign chair jen omalley, dillon put it this way, quote we make no bones about the fact that the more people see the choice, the better it is for us label feel and hear him. See the crazy stuff. He says joining us now republican charges. Joe opinion penned yonah sees me and also communist for what one stone j. Michelson j pinion, you my luck. Its friday night. I dont want anyone to give me a hard time right now. Okay. I put in the wrong emphasis of the wrong syllable. I know who both them our job indian. Tell me you opinion, please. In a moment. About all this. Is the first time you heard this opening thats a good one they cant be new. You owe opinion for opinion has got to be old look, i think what what is clearly old are these attacks that the Biden Administration has launched as new against President Trump. And so whenever you think about the republican first democratic sayyed, you had barack obama who ran on obamacare, the Affordable Care act. You had bill clinton who ran on the surplus and you have joe biden trying to recycle the attacks against President Trump in 2016 that didnt work. And so i think not talking about the merits of the attack. I think it does show that they do believe there is a perceived weakness in the quote, unquote accomplishments that they would like to try it out, that the inflation Reduction Plan did not perhaps reduce inflation to the level they waste. In fact, of course, according to jim clyburn, it did perhaps thats the add to the inflation that if youre looking at the migrant crisis, t