mar-a-lago documents? >> this case. but do york times affords aileen cannon rejected an extraordinary push by her fellow judges to handle the trump case also, a cnn exclusive tonight. >> cake cox was thrust into the national spotlight when she was forced to flee texas for an emergency abortion to save for light, tonight, she's here with a maid sure announcement and it's a toss-up, biden versus trump one week from this moment right now, and the candidates are already making moves ahead of that time of the debate. >> it stage will tell you which one will get the last word. i'm kaitlin collins and this is the source thanks, but no thanks. that was essentially judge jalen, cannons response. according to new reporting from the new york times, when two of cannon's more experienced colleagues on the federal bench in florida urged her to step aside from donald trump's mar-a-lago classified documents, case they apparently thought that given her lack of experience and trials, another judge should handle a criminal case against the former president. >> the first judge has not been identified, but the new york times reports that they made the case during a phone call arguing that another judge would be better for logistical reasons, like the fact that judge cannon's courthouse doesn't have a secure room that could hold highly classified information while it does now because taxpayers had to pay to build one, there then. >> and this is notable. the chief judge in the southern district of florida weighed in with a more pointed argument, questioning the optics of judge cannon overseeing this case because of what she did before trump had even been charged you might remember this. cannon intervened in the criminal investigation by granting trump's request for what's known as a special master. basically, someone who doesn't work at the justice department to sift through all the documents that were found at mar-a-lago. investigators couldn't even access the evidence during that time, which was quite remarkable. and it conservative leaning appeals court ended up reversing her decision to do so and what was it quite embarrassing rebuke. it was the first of many questionable decisions the judge cannon his made ultimately slowing the case to a near standstill. and all but assuring that trump avoids trial before the election. there is one person apparently quite happy with how she handled the case, though i know it's a very highly respected judge are very smart judge, and a very strong job, but you appointed her i did. >> and i'm very proud to have appointed her, but she very smart and very strong and loves our country. i went loves our country. we need judges at love our country. so they do the right thing it is such a stark contrast to how the former president has talked about basically every other judge handling basically every other case that he has hey take he can't stand he's a democrat operative and he's a disgrace to people who call themselves judges and i hope my lawyers go in and i hope they find him very hard because this guy's getting away with murder are dark. >> all of this matter is now this new reporting because especially what we were about to see tomorrow, just hours from now, not donald trump, but the special counsel himself will be put on a trial of sorts before judge cannon. she is holding yet another highly unusual and highly controversial hearing on trump's push to have jack smith fired my lead sources on this tonight are three of our best legal minds, cnn legal analyst, and criminal defense attorney joey jackson, retired federal judge, shira scheindlin, and also attorney were not as tibial. it's great to have you all here here, but judge, i mean, i have to start with you. have you ever heard of a judge doing this asking another judge to step aside no. >> i actually have not heard of that ever happening. i can assure you it never happened to me, but i cannot recall any judge asking another judge not to take a case. >> well, especially we don't we don't have the name of the one, judge, but the second was the chief judge. the chief justice of this court. >> i mean, to have that person go-to judge cannon and say the optics of this are bad for you and for her to not take that advice. >> obviously, she's read and not take it. >> how remarkable is that? but i'm not sure it's remarkable because the chief judge is not the boss of another judge. >> we all have life tenure, are all independent and she judge cannon can make up her own mind, but maybe she should have listened to this advice because in the civil case at preceded the criminal case, when trump's sued the united states because of the search, she drew that case randomly and she made two really bad rulings and she was slapped down hard by the 11th circuit on appeal. so she might have thought gmi the right judge to do this on top of that it's a very high profile case for the president former president united states, to be on trial in a criminal case. she knows that she's not an experienced trial judge in criminal matters. i think she's had four trials and all of her life. >> well, i hear from trump's allies who say, people are too hard on her. >> she hasn't made that many mistakes. i mean, given that scanned experience that you talked about, how does this work, do it more experienced judges often go do younger judges toward newer to the bench, go and seek out judges who have been there longer than they have it may depend on the court. >> she's all alone where she is. that's one of the problems she sitting in fort pierce, florida where there's no other judges to talk to a course you can pick up a telephone. but in my court, which was a big court, it was very common for a new judge when i was a new judge, i go to for more senior judge and i'd ask advice. i'd say, judge, i have this difficult matter. i've never had this before. what would you do? and i would take advice and when i became a more senior judge, junior judges would come to me. >> so that was how that process worked. >> you said you find it objectionable that these judges went to her and an urge her encouraged her to the get the case to someone else. >> well, look, i mean, she does have criminal experience. >> she was a former assistant united states attorney in the southern district of florida. so in the court in the jurisdiction where this case is pending, so the notion that she's to an experience to handle this case, i don't think that's quite right. you might not have a lot of trial experience to judge finland's point, but she certainly has criminal experience. she understands the issues. it's not like this is an antitrust case or a patent infringement case, something that might be out of her wheelhouse. so i think judges make mistakes. that's why we have appellate courts. the fact that she made mistakes, the fact that she was reversed by the 11th circuit is not necessarily a reason to ask it's kurt to move away from the case. >> i mean, doesn't seem is issue out of her wheelhouse though. i mean, when you look at how she's handled everything, so here's how i take this, caitlin. >> i don't question her competence. i questioned her process and let me tell you why. i approach this from a practitioner when you're in front of a judge, there are issues that arise prior to trial. there are myriad of pretrial issues. do you think the searches improper? right. you're going to make that motion to the judge. the judge can make a determination as to the search in a case like this, classified documents, how will we be reviewing it? what will the jury have access to? how do we file thing? should we filed them under seal? i think the special counsel should be removed say fama defense making the argument. okay. great. what is your basis for that? what law do you rely upon as it relates to the special counsel's removal? i believe my client has been unfairly disadvantage. she's been vindictively prosecuted. so when i speak to process issues come up, caitlin all the time. but what a judge then does is say, mr. jackson file your motion, you then submit your motion, you get a specific time to file that motion. the prosecution response, and you have a hearing and a decision is made. so with regard to process, my my experiences, judges like to move the docket there's a lot of cases happening of significance right? to the people who are under investigation. it's not only the president's case, move it along. and so to the extent that it's not moved along and it appears that there's this dilly dally, what am i doing entertaining all these issues that's troubling to me as a practitioner who goes before judges and the judge says, file your motion and you have a hearing that hasn't happened and i'm troubled by it just has continued to stack up for decisions that she hasn't made these decisions. she's got another hearing tomorrow and this is whether or not jack smith is rightfully the special counsel because he wasn't senate confirmed neither was robert muller. i should note. >> but what's interesting judges, she's letting outside parties come in for these arguments that aren't working on the case. >> there aren't prosecutors for the doj and they're not employed by the trump legal team? no. >> this is absolutely unique to allow what's called an amicus to argue in the district court. it happens occasionally in the highest court in the united states and the supreme court, but it never happens in the district court. she has their brief read in the brief and make a decision, and she has lawyers arguing each position. she doesn't need to hear from these people. it's just going to take all de do you think she doesn't even need a hearing? >> no. >> no, no. from these people. she doesn't need to hear from the amicus people because they've submitted an amicus brief and she can read it. so she knows their argument. she can hear from the lawyers the case. so we actually have a client, the united states, and the lawyers for donald trump, but she shouldn't be here. these people. >> they have also these law clerks who are phenomenal come from the best schools they write extraordinarily well, they keep the judge moving along. there novel issues at developing cases all the time your law clerks study those issues, they come to the judge, they present what it is and you make a decision. and so to the extent that decisions are not being made, i'm just brought to bear. well, in my case is decisions are made all the time. why not here? and it just raises the specter of what are we doing? and is there bias and is this a legitimate point of interests? they have challenged this before his appointment. jack smith's merrick garland has said he doesn't regret appointing him is it just about a delay or is there a real argument here? >> well, i mean, they had a file a motion, so the judge will decide how meritorious their arguments are but look if jack smith thinks that she is acting in a biased way, he can make a motion, right? he can file a motion for barred, recused herself. remember the trump team filed multiple motions for judge merchan to recuse himself. so if it got to that point, it's within the ability of jack smith to file how that motion and chill decided and it could go to the circuit and we'll see what happens. >> yeah. you know, katelyn, but here's the problem. there's been so much delay. are we really notwithstanding any motions that are gonna be filed, have this case try prior to election. the answer is no, it's not going to happen and the other maybe more fascinating than tomorrow is the hearing is happening early next week, which is trump's request to throw out the testimony of his attorney, evan corcoran, which as we know, greatly matters because they were able to pierce attorney-client privilege. >> he talked about conversations he had where it we're trump wanted him to make made a plucking motion to throw out bad documents could be a pivotal decision for this case. well, except that it's already been decided that the judge and the district of columbia has said the crime-fraud exception applies. that's why we have these documents because there's no more privileged left. and she would have to take a different position than a different judge if the question and i guess i'll say is well, okay. you have the documents, but should they be admissible? but if the other judge already said there's no privilege left, then there's no privilege left. so again, she would have to sort of go against the tide to have a different view than the judge who's already heard that decision. just like you said about about recusal or about any of the issues coming up before her. the gag orders coming up, i think on monday. so she has a big week. she has friday, monday, tuesday, three straight days of hearings. and how remarkable would it be if she disagreed with judge beryl howell and dc i think that would be kinda stunning. >> she she sticks her neck out a number of times. one of these times you stick your neck out too far, you get hung so this this is what's going to happen. happened is he's going to move to recuse her at some point, she will deny it will go to the circuit. the circuit will throw her out and why she would want that to happen. i don't know. you think she'll get thrown out? i think it's possible. it depends what she does with these three days and how how how off the wall, so to speak, her rulings are. >> wow we'll see what happens. >> judge finland, joey jackson were not as to build great to have you all. that's going to be something to watch. up. next, speaking of court cases, the supreme court is expected to rule any day now on another bigger board abortion case, what are the biggest? >> since they overturned roe versus wade? >> a big and emotional announcement here from the texas mob, who had to flee her estate to get the life-saving care that she needed, including an abortion also, new details on the debate to where each candidate is standing and which one of those two gets the last word the source with kaitlan collins brought to you by the bike riders, starring jodie comer, austin butler, and tom hardy. >> outsiders become legends the bike riders rated are in theaters tomorrow here to challenge you what do you want me to do it your door holding theaters tomorrow? keir movement that inspires the. >> future is not just going to happen, you have to make it. and if you want a successful business, all it takes is an idea. and now becomes a future where you dream into a reality we all knew godaddy arrow put your business online in minutes with the power of ai circle it circle circle, it and find anything if i'm circling let me circle there when i do my friends, i can circle it i can find anything with myself and see something that you like to draw around it see something you think her appointment and 30 minutes. you got one remember, i don't want surgery from i do patreons contraction i don't want to wait for my contracture to get worse. three, i want to treatment with minimal downtime for i want to non-surgical treatment. good boy. >> and five. >> and if non-surgical treatment is an offering i've get a second opinion let's go take charge of your treatment. >> if you can't lay your hand flat because it find a hand specialist.com to get started can the riva support your brain health? 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while i have some wonderful news to share, i'm actually pregnant my husband and i are expecting a little boy coming in january. >> so very exciting time for us now, i'm graduations. thank you. thank you. i can't even imagine what it was like two to find out or do you know what you're having a little bore, yes. and it's so exciting and it's such a hard feeling because so much happiness, but also being so scared at the same time. >> why does it? >> tell me more? what do you what does it make you scared because i live in a state where emergencies in pregnancy can happen in a moment. and if i have an emergency, my first call would be my lawyer and my second call would be my doctor. >> wow. how upside down is that? >> it's really striking to hear that you'd have to call an attorney first. you think given what you've been through i'm grateful though i'm three months along and all the tests show healthy baby and healthy mama. so we actually have the video the moment when you, when you took the pregnancy test and you found out you are pregnant and i think anyone seeing that video is going to bring them to tears just to watch this. >> wow what were you, feeling when you saw that that positive result so much joy so exciting to have the opportunity to get, to bring a baby home from the hospital it's nothing else. >> i want more in the world. so, so much joy and also, you have scared as well and to see those, those two feelings intertwined becaus