continues the source some kaitlan collins starts. now see you tomorrow so from the source tonight, a plot twist would major new developments and not one but two of the biggest cases against donald trump the georgia conspiracy case now on ice indefinitely. >> and in florida, judge cannon's unusual decision about trump's push to get jack smith fired plus post-conviction payback as trump's most serious thought so far is sounding more like a promise to investigate his enemies and potentially have them thrown in the present. and also we're tracking significant new concerns tonight about a potential new front and israel's war with its enemies. an influential former prime minister serve israel, will join me here, live i'm kaitlin collins, and this is the source fresh off a fill hello, need conviction and awaiting sentencing that could include prison time potentially, donald trump score and some pretty big legal wins tonight. and his push to delay any other case from going to trial before election day in georgia and appeals court has just halted the conspiracy case against donald trump and his co-defendants indefinitely as it can so there's whether the district attorney, fani willis, should be removed from the case, which they are obviously trying to do. >> all of this stems from that romantic relationship that she had with the lead prosecutor that she put on this case, nathan wade is now gone from the case, but this trouble is still here for fani willis, at least the accusation is that she benefited from financially from his appointment by spending his salary on things like vacations together, an allegation that i should note, willis and a very dramatic courtroom moment flatly denied you're confused. >> you think i'm on trial these people are on trial for trying to steal an election in 2020. i'm not on trial. the only man who's ever foot my bills completely is my daddy's uv light in this limit. tell you which one you lied in right here. thank you. live right here no, no. >> this is the true judge in a luck. >> get that is one saga. meantime, as we are waiting on the supreme court to rule on presidential immunity, which they are expected to do later this month. the judge in the mar-a-lago classified documents case is now kicked the can so far down the road. it's hard to even see it at this point. there's just about zero chance that this trial sees the light of day before the election. judge aileen cannon has also now agreed to hold a hearing on trump's push to get jack smith removed from the case. of course, trump and his team are claiming that smith was illegally appointed as the special counsel who is overseeing that in the case in washington, dc but not only is this a further delay in florida as trump motions are stacking up like planes on a runway. motions that i should note, cannon, has yet to rule on. >> the most immediate issue. >> now becomes is judge cannon considering giving jack smith the boot well, what we have learned is that she at least wants to hear at the two sides out by top legal sources are here tonight joining me at the table, cnn senior legal analyst and former assistant us attorney for the southern district of new york, elie honig, criminal defense attorney and cnn legal analyst, joey jackson, and retired federal judge, shira scheindlin. great to have you all here, judge. i want to get your take on this in a moment, but elie, i mean, if we thought the georgia case was doomed from the start, this is essentially cementing that. >> it's over. let's be realistic. it's not happening before the 2024 election. it's not happening in 2024. it's maybe not happening at all. now, the appeals court, we can never predict where they're going to do, but there's some things we know for sure number one, they didn't have to take this case. the appeal, and they chose to. the other thing is they didn't have to pause the district court. in fact, the trial court judge, when he issued his ruling allowing donald trump and the others to ask the appeals court to take the case. the trial court judge specified, while you all are doing that, i'm going to continue holding proceedings in this trial court. and now today, just a couple of hours ago, the appeals court said, no, no, no pause. that too. so that tells me that they're taking this appeal very seriously. and if trump in the defendants prevail and just peel, this case is essentially that you're talking about, judge mcafee. he was still ruling on some pretrial motions going ahead with things. all of that is now frozen. and i mean, we're not even going to get the decision on the appeals court until next spring. >> yeah. we won't. >> but i think it's the right call and let me tell you why i'm a firm believer that you have to have confidence in our institutions and appeals are part of that process. i think there are many people who took issue with mcafee is decision, however well-reasoned to 23 pages war we're not i think there are people who felt that there was an actual conflict of interests, not just a perceived conflict, and maybe took issue with his remedy as well. what remy yet, the special counsel off the case and you're fine proceed. nathan wade, i'm speaking up. and so to the extent that there's an appeal, why not freeze the case? because if you move forward and the appeal is otherwise granted and the case is on done, what are we doing? and so my view because of the institutions and the respect for them and people have to have trust in them. let an appellate panel of three judges make the decision and what they decide will have to live and what they're designing judges whether or not judge mcafee here made the right decision are not disqualifying. fani willis, the district attorney. he said nathan wade could not be on the team anymore, but but he did not disqualify her do you think you made the right choice? >> i think he probably made the right choice the real question is are we surprised by the stay and i think we're not i think i agree with what you said, joy, that this required a stay and the truth is, i don't think this case was going before the election. anyway, it was never ready to go. there were still discovery issues, still pre-motion issues. it's a sprawling case with many defendants. i don't think it causes any difference, frankly, in timing, it wasn't going to go before the election in my opinion, what is it? >> the mean for the people who've already pleaded guilty? i mean, there are a number of them in this case. jenna ellis, everyone remembers her tearful moment on camera inside that courtroom minute and atlanta, georgia, what happens to them? how will and chesebro boy, if this thing gets dismissed and then they're standing there with their guilty pleas are going to try to take them back for sure. they're going to make a motion right away saying we wanna we wanna withdraw are guilty pleas and then that'll be up to the judge. i do want to flag another issue, though. that's going to be in front of the court of appeals. there's the disqualification, the affair, the intermingling of finances. i'm actually i agree with john schindler. i'm not so moved by that. i don't think the proof was clear enough. there is a separate issue that trump and the other defendants are going to raise it but i think is a bigger deal, which is fani willis is inappropriate comments about the case outside of court. judge mcafee found those comments to be, quote, legally improper, and then he did nothing about it and so the defense is going to argue to the court of appeals, if the prosecutor makes, quote, legally improper statements that impair the constitutional rights of the defendant. there it's to be a remedy for that. >> but here's my only issue. i think that you can make well, you shouldn't of course, as a prosecutor, be making comments extra-judicial outside the court that are inappropriate and that impair anyone's right. the issue was what's the remedy and should the appropriate remedy be the dismissal of the indictment? i think that's a bridge too far. so you could say perhaps at the church, you remember she gave the speech and somewhat inflammatory. some would argue with respect to the comments about that she made at that time, but i just think not dismissing the indictment was the right call. yeah. that's even remedy that they're talking about is taking her out of the case. right we've removed then if the case even move forward. >> but exactly what your take on what's happening in florida. because judge aileen cannon has basically ripped up the entire court scheduled. she's she's pushed some hearings now. >> they don't even have a date. >> some of these were things that were filed almost a year ago this week and still no decision has been made is a judge. what what's your take of how she's conducting this? >> she's not conducting it. well, she's not organized. she's not efficient. she's not getting the work done but once again, this seems clear to me that this case was never going to go to trial before this election. now whether that's an intentional effort on her part or because there are issues that are some what complicated like what you do with these highly confidential documents. so it takes some time, but that said she's about the slowest judge. i've seen dearie competence in her as she's handling this guy for you? i look at her as a rookie judge who wasn't really up to this case. >> and is not rising well to the occasion. >> what options does jack smith, the special counsel how once you just agreed to hear have a hearing on whether or not he should even is allowed to be the special counsel. but what options does he have if can they get a new judge or his i don't even know if that's the nuclear option. i don't think it's likely that he even asked for that. it's incredible we rare that prosecutors go to an appeals court and say you need to remove the judge. i know that's a popular theory that's out there. love jack smith knows what he's doing. he's 910 months into this case. he's not done that. he can appeal certain of her individual rulings. but i also i agree with judge chin. let i mean, there is an art it's not as easy as it looks to run your courtroom i mean, some judges do struggle to stay on top of their case this is now you would think this case would be the top priority? i would for for this judge, given all the circumstances and i've seen you run your courtroom, your honor, quite efficiently and this judges it's hard to even keep track of what's where right now. >> okay. but say that you agree with trump's allies that jack smith shouldn't be the special case counsel, that there are questions because he wasn't in any kind of confirm position before about why he's there. but in the arguments on that, she agreed to allow third parties who have nothing to do with this case come in and make the arguments about it. >> typical. >> that's a little troubling, right? you hear that in terms? appellate courts where you have an amicus briefs that are briefs friends of the court briefs where other people weigh in. these are parties before the court and the argument should be limited to those parties like who like the prosecutor and the defense. and i thank again, because of my confidence in institution arguments, you want to make the argument that the special counsel is unconstitutional. make the argument, but don't allow everybody come in. what do you say? what do you say? everybody else say? i think they'll make it and some of the arguments you know, maybe they'll carry muster should they have been a special offers created, should it have gone through congress, should there have been senate confirmation, right? those are things that perhaps we should here. i don't know that they carry the de. i think merrick garland certainly has the authority to appoint a special case counsel, but that's my view. harb you may be different and he said this week he has no regrets about appointing him as the special counsel. >> would you allow third parties to come in? >> absolutely not. these third parties have filed an amicus brief on this issue in the us supreme court. i read the brief today. >> so they've already written this out. >> they know their arguments. and if that issue takes off, it's going to get to the supreme court. they raised it in the immunity argument when they asked for a stay and they said this is so serious, it's a ground for granting the stay and it stayed, judge chutkan's case so isn't nothing surprising that this argument coming up, but why she's hearing from them. she can read the same brief i read. there's no reason to let them argue it in front of her jumped journeys have a lot of time on their hands, apparently, judge elie honig, joey jackson great to have you all here tonight to break all that down. >> up next, what trump's now saying in private about possibly going to prison because of course, remember, there is that sentencing hearing and just a few weeks, as he is also 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thursday, june 27th, nine live on cnn. and streaming on max. >> take donald trump seriously, but don't take him literally. that is skeptics were told about donald trump's more alarming comments. shall we say, during his first run for president? the question though, is, what about his third? attempt at the white house? here's trump on the prospect of using the justice system to target his opponents. and maybe even send them to prison very terrible thing. >> it's a terrible precedent for our country. does that mean the next president does it to them? that's really the question. it's a terrible, terrible past that leading us to add, it's very possible that it's going to have to happen to them if history is any guide we have seen donald trump follow through on some of his more inflammatory promises. >> and you can bet that some of his perceived, his enemies, whether real or perceived, i should note, are taking note of this so we're his supporters in congress and some of them are falling all over themselves to jump in on his revenge tour if trump wins, should you guys retaliate against these prosecutors and people who have been going after him what they've done is as weaponized process. absolute. they're going to have consequences as they showed, what are you calling for retaliation are calling for a strong response at every level, president biden should be ready because on january 20th, next year, when his former president, joe biden but what's good for the goose is good for the gander my next guest knows firsthand what it's like to be the center of trump's attacks andrew mccabe was the acting fbi director for trump fire james comey, and drew trump's rafah after he opened two investigations into the former president. it's great to have you here because i just few people know the your workings of the fbi better than you do. and you've also personally experienced the pressure from donald trump. and when you see him promising this wholesale takeover of the justice department, i wonder how you worry about what that would look like. >> yeah, katelyn, i mean, i worry a lot about it and i think when you think about these things and you try to predict how donald trump is going to react are the steps he's going to take. you really don't have to go any further than listening to the things he says and does his, comments recently are offensive and horrendous, but they're not a surprising in any way. he's been saying this for quite some time. i will be your retribution is referring to is supporters. so, you know him, you know, what motivates him. he is not a person who's driven by principle or ideology. he is someone who's entirely transactional. >> and if he feels like he's been wronged in some way, then he focuses on revenge and then in vengeance and so he's made it perfectly clear that that's what he's gonna do and in the process of seeking that is going to really runs the risk of really dismantling and greatly incapacitating the department of justice and the fbi. >> and that is something that americans on both sides of the political aisle should be worried about yeah, depend on those institutions to protect us. what do you think he is what it was in a terrible, what do people inside the fbi i think when they hear a comment? like that it is it's terrifying, it's frightening i have a lot of conversations with former colleagues, people who are or were in the intelligence and law enforcement community, and may have worked in the obama administration, other places and people are really trying to assess what is life going to be like if donald trump wins a second term on a very personal level, i mean, these are tortures discussions with their family members about whether or not they have to leave the country to avoid being unconstitutionally and illegally detain. >> people were actually worried about being thrown in jail or grabbed in some sort of extra judicial detention. >> i think it's crazy as this sounds in the united states, america, i think people s