now tonight author 60 breaking news. it's now in the judge's hands. lawyers for the former president just file their answer to special counsel jack smith's call for a gag order in the class by documents, case also tonight, what we're learning about how trump and biden teams are preparing for the cnn presidential debate. let's in two weeks from tonight. and later, new details so on the princess of wales is first public appearance since revealing her cancer diagnosis it's gonna be tomorrow. and what it could say about the state of her treatment. good evening. thanks for joining as we begin tonight with a breaking news on a gag order that jack smith says is designed to prevent the former president from making statements that quote, poses significant imminent and foreseeable danger to law enforcement agents participating the investigation and prosecution of this case now, statements such as the former president's false claim that he narrowly escaped death during the search of mar-a-lago his lawyers had until today to file their counterargument and tonight they did cnn seven pros joins us now with more. so what does the filing say? >> well, anderson, the president, the former president's lawyers are ridiculing the effort by the special counsel to have a gag order in play put in place on the former president. they're calling in an unconstitutional overreach by the special counsel. and they'll say this is actually a ploy to help joe biden in the election. i'll read you some of what this filing said tonight. it says like manhattan district attorney alvin bragg, jack smith is seeking to restrict president trump's camp campaign speed as the first presidential debate approaches at the end of the month, that's, of course the debate that's going to be here on cnn later this month they go on to say the following. >> they say that the motion is a naked effort to impose totalitarian censorship of core political speech under threat of incarceration in a clear attempt to silent president's silence. president's trump's arguments to the american people about the outrageous nature of this investigation and processing occasion and look what the former president's lawyers are really homing in on. anderson is the part of the gag order request by the special counsel for this to be a condition of his release. essentially, putting it in the hands of the probation office, and that really what that would do essentially is it takes it out of the hands of judge aileen cannon, who has ordered a series of hearings beginning next friday. i'll be down there in fort pierce a federal court, where she'll have a number of hearings including one on this request by the special counsel for a gag order on the former president. and as you pointed out this is really an extraordinary thing for her to be doing so so late after the after the special counsel report made this request. >> so can you just remind people why jack smith sought this gag order in the first place? >> well, yeah, because as you pointed out, the former president has been making very inflammatory comments about the 2022 search of mar-a-lago. he said that the standard fbi order which which oversees all of these all of these searches, including the search of president biden's home when as part of that class let's documents investigation it is the standard order for for for fbi agents to be armed doing doing their jobs, right? that is part of their requirement for their jobs. and what the former president has been claiming is that he was put in danger. keep in mind he was not present for the search at mar-a-lago. and so he was never in any danger. >> anderson, evan perez, thanks very much. johnny sounds former fbi deputy director andrew mccabe and former federal judge. sure. scheindlin. judge, what do you make the legal merits of this filing? >> well, there's something to be said for both sides as always, the government says, this is so bad and dangerous law enforcement in general, it endangers the people who took part in this rate, although they have not been identified, but because it the tax law enforcement, you never know what his followed tours will do. and there was a previous incident in august of 2022 after he made the same comment and somebody attacked an fbi office. so there's a risk of real danger and that's one of the reasons you can amend the conditions of bail if there's a risk of danger or risk to the community on the other hand, from the trump perspective, he is on the eve of the debate. he's on the eve of the republican convention running for president. president and wants to be able to make his classic campaign speech. but i don't know that he really needs to say that joe biden is locked and loaded and trying to take me out that's really, all jack smith is complaining about. he'd like him to stop saying that the fbi was trying to kill them and that joe biden is trying to kill them. if you read their papers. and i did quickly tonight those are the two things they're worried about stop saying the fbi's trying to kill you. stop saying that president biden is trying to kill you. they're both lives. that's for sure. and they're unnecessary to his point, he can still attack the raid. he can say the rate is over the top, but as the reporter pointed out, he wasn't even there and they did it purposely when he wasn't there and they coordinated with his lawyer and that is what jack smith wants the form president not to be able to say. that he is trying to kill him. >> that's really the two things he's most worried about when you read their brief, that that he should stop saying the fbi's tried to kill me and that joe biden is trying to kill me because that just incite people. and when people are cited, you don't know what one crazy person could do. it's a danger can you just remind people why you think trump's false claims about the boilerplate lethal force language in the mar-a-lago search warrant or is dangerous. i mean, again, that warren was actually two in trump's is not there and then the secret service was obviously looped in sure so you have to you have to begin with the understanding that the way that he characterized that language was entirely deliberately misleading to create this impression that the guy had been given authorization from above to essentially use lethal force against him. >> that's absolutely not true. the language which is just standard language, it's actually an admonishment to fbi agents telling them what to what to not do when they execute a search warrant. it's in every search warrant operations order. >> the reason it creates risk is for exactly the reasons that the judge just mentioned. >> we know that trump's most ardent followers listen very it closely to everything he says when he deliberately goes on, truth, social, or in his campaign mailings, says things that he knows are false. and create the impression that the fbi is out to kill him. he raises the significant risks that someone might act out against fbi agents are an fbi office anywhere we know that's happened before there's no reason to think that language like this might not have the same result into trump's legal team is arguing and i'm quoting from their brief no fbi agent who participate in the rate has been publicly identified in a court filing or commentary by president trump, not a single fbi agent who participated in the raid, submitted an affidavit or even an argument of claiming that president trump's remarks put them at risk. what's your response to that well, he didn't there was no individual fbi agent raised the first time that he complained about the quote, unquote illegal raid on his home at mar-a-lago and that very nonspecific language and misleading statements lead to ricky schifflin attacking the fbi field office in cincinnati, which ultimately resulted in an armed standoff in which mr. schifflin died. >> so that that part really doesn't hold much weight from me, but i will say that there are for some things that i think the government could have done better here. they filed this motion requesting what is essentially an emergency relief, but they didn't request emergency handling by the court. they didn't request an expedited briefing schedule. i think they just assume the judge would go along with it. that was probably the false assumption. and to be quite frank, i think they're application would have been stronger had they actually included in an agent or affidavit from an fbi agent kind of bearing witness to these facts that they assert in the application. nevertheless, what they're asking for is reasonable it is narrowly tailored and it should be approved. >> gentlemen, would you be inclined to approve a gag or you know, i i was a very practical judge. i would look at trump's team and i would say, can you can you assure me that he will stop saying that the fbi is trying to kill him and the joe biden is trying to kill him. that's the essence of this. if he would grow read a not say that there's no need for a gag order because gag orders are hard to enforce and how to decide who decides whether they've been violated and they do create problems. they can be vague in their language. i understand that. so to to try to work through it, i would try to talk to trump be practical what was that? he's out to kill me. he's locked and loaded, he's sending an armed agents as an agent, dark deputy mccain, the cave just pointed out that's exactly contrary. it says you can not use the weapons unless it's absolutely necessary. and it couldn't have happened here was all coordinated. the lawyers new the secret service knew, and trump wasn't there so, gentlemen, thanks very much. >> andrew mccabe as well. the foreign president is getting his 78th birthday tonight at 5,000 seat the convention center in west palm beach, florida. among the lawmakers singing his praises on stage to vice presidential hopefuls, congresswoman byron donalds. and center marco rubio, senator rubio, we learned today was on hand when trump visit a republican party headquarters yesterday in washington for two advisers are calling a policy discussion not a debate. prep says his team, but helpful an advisor tells us in the run-up to cnn's first the election presidential debate on the 27th. journeys now seen as kristen holmes and west palm beach. >> so what have you learned about the former prisons debate prep so far? >> has he been doing it? >> well there is no traditional debate prep when it got down and drop it. in fact, weeks ago when i asked the debate prep was going to look like a senior advisor actually said we don't use that where that word being separation. >> donald trump himself is actually having some versions of debate, brad, whether they call it that or not, they say things like hidden i'm taking questions at the turning point event in arizona is part of debate grab. >> i will let you think about what those questions are and how those might compare two debates and those are some before voters that are in that room, but they do all of this as different ways to prepare him to be on this date with president joe biden, part of the reason they don't do it for additional the vapor up is because donald trump isn't know does sit through or have the patience for that. it's not going to be like what we've seen in past years or past cycles, where someone six in for the moderators, this case recap or dana bash sits in for president joe biden and said, it is going to be these kinds of snippets. >> one of them being this policy session, which we know happened on capitol hill right after he met with congressional republicans. >> they talked about a barrel various number of topics. marco rubio was one of the people have room, as he said, senior advisors, as well as senator eric schmitt of missouri. now on the topics they talked about, one that was a very radical because they believe is going to be inevitable questions in a debate was about democracy, about january 6, how to answer questions about the attack on the capitol that day? to answer questions about what donald trump has talked about then, which is hardening the people who were involved in the attack on that de. now, obviously, they didn't give us any insight into what those answers there's might be, but we should expect more of these kind of policy sessions, more of these interviews, they actually said the part of his debate prep would be contentious interview so far we haven't really seen that. he's that interviews with sean hannity and dr. phil, but all of this, they say is wrapped into getting him ready to face off with president joe biden anderson what's so your longer trump's birthday celebration. >> they're playing apparently macho man by the village people that he really embraced the fact that but it was his birthday yesterday, it was his team that posted senate republicans presenting and width a cake today they sang happy birthday to him on the stage. i say that the surprise because donald trump is very much aware that his age is a factor in this race as much as president joe biden's age is a factor and that's why when he goes after biden, he doesn't an attack him for his age specifically says things like it's about cognitive ability or it's about mental fitness. he doesn't talk about h because of donald trump is to win november. he will be the oldest person to be sworn in as president and something again, that he is very aware of. so i was surprised to see how much they embrace the fact that it wasn't 78th birthday, but he did here today when greatest hits, kristen holmes, thanks very much. prison biden is heading being home right now from the from the g7 summit in southern italy, capping a strip of probably many with pope francis, who made history himself become the first pontiff to attend a g7 gathering. this was the president's fifth people audience. mr. biden saying francis told him to keep taking communion as for advice on the upcoming debate, a biden campaign official tells cnn he'll beginning we help from his former chief of staff, ron klain, joining us now with more on the president's debate prep, cnn's mj lee in bari, italy. >> so has the president been able to do actual debate prep? >> is he planning to? >> well, anderson, he is up in the air right now heading back to the states, but yeah it's, time last week, of course, he was in france for the d-day commemoration in italy this week for the g7. and now it really is time for him to focus on trying to get re-elected with that first debate are only two weeks away, and we are told that ron klain, his former chief of staff, is leading the debate prep and that has begun and the strategy really for the campaign, this tried to focus on ways of holding trump accountable. so that is really the strategy we've seen from the white house and the campaign over the last few months trying to draw the contrast on issues like reproductive rights, trying to hit trump for promoting political violence, undermining democracy. and i think the campaign is going to see this debate as having been successful if they feel like they have painted trump on the debate stage as chaotic and divisive and meanwhile, president biden, standing next to him as sort of the steadier and wiser alternative campaign official, i spoke to said that president biden has been a little punchier recently in talking about donald trump. and we should expect to see that side of the president on the debate stage doesn't the person to have some sort of like big fundraiser in california on his schedule. i mean, is he actually gonna be doing debate prep? i mean, continually or do we know yeah. >> i mean, his first stop is los angeles. he is attending this fundraiser that is going to feature actors like george clooney and julia roberts, former president barack obama. and then on tuesday he is expected to go to another fundraiser hosted by bill and hillary clinton. so it is a busy time and the first focus, as soon as he gets home is going to be on raising money. but then later in the week he is headed to camp david and that is when the most intensive debate preparations are expected to take place. anderson, obviously this is so different from four for years ago when he had a lot more time to do debate prep because he didn't have the day job that he has now, i'm daily. thanks very much joining us now to cnn, political commentators, margaret hoover, the host of firing line and pbs, former biden communications director kate benningfield does it concern you the scheduled the president has made david axelrod. >> i talked to him awhile ago. about prison obama his first debate in when he was running for reelection and it didn't go well, and axelrod has talked about how difficult it can be for somebody who has been president for awhile to kinda get back into the groove of debating well, i think it is tough to balance the job of being present in the united states with preparing for a high-stakes debate. >> of course, but i would also argue there such a thing as overpreparing. and i think that joe biden knows the fundamental arguments he wants to make against donald trump. and i think prep a lot of prep will be working through some of the specifics, but i think he knows the message he wants to deliver, and i think my sense of this is that the person who wins this debate is going to be the person that we're not talking about in the hours after the debate. and so for biden, i think that means being on the attack, trying to make the debate about trump. you heard him, jason say his team is really trying to focus on a strategy that hold trump accountable but i think again, the person who comes out of this debate with the attention focused on him, we'll probably be the loser. and so for biden, i think he's got to be aggressive and he's got to have trump on the defensive. and i think he's preparing to do that. >> morgan, i'm it should also point out on in terms of trump, i mean, he has some intubated. anybody since 2020 either and clearly, you know, he probably isn't doing a more standard debate. prep is a given you know, he's not interested in facts and figures and things like that. but in terms of strategy, i mean, i think back to his debate against hillary clinton back in 2016 where he was the second debate he was wandering around the stage. it was very unexpected how do you think he's going to handle this? >> i think that donald trump and we all know this seize this opportunity as a very, he sees this as an opportunity to present himself once again to the american people in a state on a stage, right? i think he's thinking about this, not as the policy points is going to make the arguments he's going to litigate. but as a sticking opportunity to show that he can be presidential again, i mean, i think he's, he realizes that all the preska he's gotten in the last several weeks has been as a criminal defendant his the most frequently his mug shot has been shown images of his face have been thrown without other than his rallies, we have not seen him really commanding the stage in charge of his narrative. and so i think wounding him to washington, dc, having him meet with senators on capitol hill. all of this is part of putting him in this position of appearing presidential once again, i think he sees this as an opportunity, very much like you saw the stage of the apprentice to play a role and present himself once again as somebody who can inhabit the waiting s of the office of the presidency kate, i mean, sometimes president biden publicly speaking, is soft-spoken. he's squinting, reading off a teleprompter, making a speech then other times he's like at the state of the union where he seems to be kind of you know, expecting and ready for and more than energetic and engage in giving back combative with those who are being combative with him in the audience. >> i'm not sure which technique works in this kind of a debate format. what do you expect well, i can tel