washington bureau chief sam feist. today is his last de it cnn. he's moving on to become the new ceo. >> ceo of c-span here in washington, it will be the exciting new adventure for him. but all of us at cnn will miss him big time especially erin burnett outfront starts right now i'd front next the breaking news, trump's vp list focusing on three candidates with his family and our eyes now split on who's best will tell you who wants whom plus steve bannon making a last ditch effort to stay out of prison will show you the facility where he set to serve his sentence and a man who is serve time, they're himself will tell us exactly what bannon can expect more breaking news this hour, 1,000 people feared dead because of extreme heat, temperatures as high as 125 degrees fahrenheit let's go out front and good evening. i'm erin burnett outfront tonight. we begin with the breaking news trump zeroing in on a vp, cnn with new reporting tonight because we are learning, it may come down to three men here wearing identical ties. they are ohio senator jd vance, north dakota governor doug burgum, and florida senator there are marco rubio. all three are currently being vetted on all three have high profile backers who are pleading their case directly to the former president. so let's start with trump's oldest son, don junior. he we understand currently going to bat with his doppelganger, senator jd vance. rupert murdoch is pressing trump to consider governor burgum while one of trump's most trusted television advisers, sean hannity, is making it known. he'd like to see senator rubio on the ticket for months. these three men have been campaigning for the job, positioning themselves to become trump's pick frequently appearing on shows they know trump watches showing up at fundraisers, rallies courthouse, of course tripping over themselves to seeing trump's praises the world is on fire and like sort of see donald trump is a bit of a fireman. i wish every american could see president trump the way we've seen in the last six months he's genuinely exceedingly funny, but as you know, jesse, the best comics are really smart people, highly intelligent and highly perceptive and they know their audiences. and i think president trump's been amazing when donald trump was present, united states, this country was safer, it was more prosperous. the country and the world is a better place when he was president. and i would love to see him i'm trying to the white house okay. >> so they're all saying good things about trump. >> the reason that it is so remarkable that these three individuals have managed to become the biggest contenders for vp is not what they're saying now, it's what they've said in the past what they've said about trump i'm a never trump guy. >> i never liked him. >> i just think that it's important that you're judged by the company you keep and i just wouldn't do business with him. >> no, i wouldn't what we are dealing with here, my friends is a con artists hey, friends do not let friends vote for con artists all right, leah train is out front live in washington tonight and alaimo, it is. you're reporting breaking the story tonight. what more are you learning about the behind the scenes sort of machinations, the push and pull for trump's vp pick well, and i've talked to many of these allies advisers, and donors. and what i've learned is that really at every corner of donald trump's orbit from his own family to conservative media figures, to his former advisors. all of them are trying to have donald trump's ear on this and push them towards one particular candidate. and really these conversations have taken on more urgency as we inch closer to the republican national convention next month. that is the self-imposed deadline that donald trump has set for when he is going to announce his running mate. and at the same time, aaron donald trump himself, i'm told, has been really taking on a much more serious and earth earnest approach to how he is considering who he is going to choose. and that is a departure from what he has been doing previously. i'm told now many of these people, many of these candidates that you laid out, that it's narrowed down to really three. i'm told which is doug burgum, jd vance, and marco rubio, and each of them has some people pitching them directly to donald trump, jd vance, for instance, donald trump junior. his son, is really pushing vance. he's a close friend of jd vance's and he's often i'm told, gone to donald trump directly and said, i think this is the man to be your running mate. he's also had support from steve bannon and tucker carlson, both people i know continue to talk to donald trump frequently. burgum on the other hand, has garnered the support of rupert murdoch and we've kind of seen murdoch's empire within fox news corp starting to shower the north dakota governor with favorable media coverage. we saw the new york post and the wall street journal offer some of that favorable coverage to him. and then rubio is actually become a favorite of the donor class. and one anecdote i can tell you, aaron, is that at a dinner falling donald trump's manhattan conviction last month? it was with some doesn't wall street donors, donald trump took an informal straw poll and rubio, one that he also has the support of kellyanne conway. i'm told, and sean hannity. so a lot of different people in donald trump's ear. >> all right. well, thank you very much and all that new reporting, i want to go now to david urban, the former trump campaign adviser and katie betting field from a biden white house communications director. just to understand what we're talking about here, david. so top three contenders, vance burgum, rubio. you've got at don junior, tucker carlson, steve bannon for vance sean handy for rubio murdoch for burgum. so in your experience with trump, who will eventually have the most sway over his pick? >> melania trump his wife right? >> i mean, that's if i was i'd like to know who millennia likes, right? that's that's really probably his closest advisor of all the people who weren't mentioned, right? i think she has a great deal of influence over her husband and and the president and i as has been in these people's presence. all three of them, if not more. and so it'd be interesting to see who she likes. but let's the president gets information is simulates information. he takes lots of phone calls and polls like you said, like galena just reported at the dinner schwarzman is a big backer. i know of of marco rubio and there's different people, whether they're policemen at a photo are billionaires at a fundraiser dinner that he's listening to them and hearing what they have to say and the ultimate decider is, of course, donald trump and he'll, he'll do it probably. the reporting says right before the convention. right? right. well, he loves nothing more i think these sorts of conversations happening. >> so k who have democrats most one on trump's ticket well i would make a really strong case that actually jd vance is probably one of the would be one of the most helpful voices on the ticket because he is somebody who has wholeheartedly embrace the mega mess he's shown a willingness to pick all the fights donald trump wants to pick and ultimately, that's a message that doesn't resonate with the swing voters that moderate voters. >> the people who are ultimately going to decide this election. so from my perspective, i know there's an argument that while jd vance is a fighter and he needs strong debater but i actually think he is somebody who really underscores some of the most unpopular elements of donald trump but i also think the important thing to remember here is the reality of the dynamic in this race is that donald trump is the supernova and the vp is a flashlight, right? i mean, donald trump is the one who's going to drive, who drives the message, who is going to be be the person that the biden campaign's running against. so whoever he picks ultimately this race is about donald trump. i do like the analogy. i know, i say i liked that you add to pick. you were the one who who would you say he should choose? >> me? yeah. me ask you area asked me, oh, let's say i like all those candidates and others, right? i mean, i think i can make an argument for governor burgum. i can make an argument for marco rubio. i can make an argument for my class west point classmate, mike pompeo was not on the list. are sarah huckleberry sanders, the governor of arkansas. there we are. >> we have but an embarrassment of riches on the republican side, their potential vp nominees. and so i think any one of them be good. it's the american voters who could they see standing in the shoes as the president of the united states, i think that's the most important thing because that's the role ultimately the vice president would play. >> so. okay. do you think any of these people that we're talking about? if the moment came right for january 6 type of moment, would any of them, despite what they're saying now, obviously they all said different things before now that now they're in trump's corner. what any of them stand up to trump like my pens did as an american, i want to believe that they would. i'm not sure i see a whole lot of evidence that that's the case. i mean, if you look at the history as you as you know, we were looking at all of the video at the top of the show. i mean, these are people who have said jd vance that i mean, never trump or and now he's essentially begging publicly to be put on the ticket with them. so if you're if you're an american voter, it's hard to trust that if the moment came that any one of these people would stand in the breach. and so i think if you're somebody who is concerned that donald trump represents a threat to our democracy as frankly, if you're a voting american, you should be based on what he's done. i don't think you can trust that any of these people would stand up to him in the moment they're not doing it now either. david, i hear you and we all hear these conversations about who he's going to pick and that he the first day if he wins, that he was president, he's a lame duck, right? that's it of course, assuming that the system holds people go out of office when we're supposed to and all those sorts of basic things but the argument is been able doug burgum is the guy to pick as he isn't gonna be tried to take terms job from day one like extensively jd vance or marco rubio would be because they would be potentially looking at their own future of being president. and he doesn't want someone who's gonna be campaigning from day one. do you think that those are fair? concerns, david, that he has those thoughts look, i don't i don't think it's as kate said earlier, there are my esteemed colleague there. >> donald trump is a supernova and the vice presidency is a flashlight that's, you know, that is a pretty opt analogy. there is not much oxygen left in the room when donald trump walks in, right? so i'm not quite sure sure that whoever the vice president's could be is going to steal anybody's thunder, whether it's marco rubio, jd vance, whomever, whomever the pick is. i don't think that'd be a big concern at all all right. >> well, thank you both very much. i appreciate it. >> thanks for evidence. >> all right. >> how do you friday. and also tonight, their preparations behind closed doors for this most important event of the 2024 election thus far that is the cnn presidential debate, which is now just six days away. biden is at camp david preparing. trump is meeting with senators and advisers at mar-a-lago, both taking this incredibly seriously. trump is now trying to temper expectations tonight i watched him with paul ryan and he destroyed paul ryan boride with the water he was chugging water at a left and right. >> i didn't think a human being would be able to drink so much water at one time. >> and he'd people ryan, so i'm not underestimating him. >> i'm not underestimating it i brought a donalds out for now. >> he helped prepare george w bush, john mccain, mitt romney, and many other candidates for presidential debates. >> i'm curious, but because trump is now trying to raise the bar for biden, i'm not underestimating him. this is a guy who recently said basically the biden would have to be on cocaine to do well in the debate. right. so he had talked about lowering the bar. so what do you make the strategy now, he's now trying to suddenly say actually i'm not underestimating them well, that should be the strategy. we should all have high expectations for joe biden's performance using the president of the united states, he's the incumbent president. he's had four years in office and he's asking for another four years, so we should all have high expectations of them. the trump campaign should set those expectations high. i remember when george w, when we were preparing george w bush, mark mckinnon went in the press the day before the debate and said that john kerry was the greatest debater since cicero. >> so we should have high expectations for both of these folks going into the debate. >> and it's right at the trump campaign to set those expectations hi i want to play right? >> one of the most memorable moments from trump and biden's first debate in 2020. just take a listen to this if you will but my question to you, as you have refused in the path to talk about it, are you willing to tell the american people tonight whether or not you will support either ending the filibuster or packing the question ever position i taken that that'll become the issue. >> the issue is the american people should speak. you should go out and vote you're in voting now, vote and let your senators know how you feel let vote now in a effect, make sure you in fact, let people know he doesn't want to senator. i'm not going to answer the question. because the question the question of just left. >> would you who is on your list? you, this, when you write, gentlemen, i think pack the court so all right. and it's will you shut up, man, right. that it gets sort of at the moment there, but that constant over talking to trump asked him to answer the question. we saw that the entire debate, it was widely seen as chaotic, but this time around, biden want to trump's microphone muted, but it wasn't speaking. they've, they've agreed to this muting do you think that could prove to be a mistake or do you think this is a good idea i think it helps president trump. >> it's a huge disincentive for president trump to interrupt joe biden to let him talk and if his microphone is going to be cut, he won't try to do it because no one will hear him. which will force get him to debate more like he did and debate two. and i think if donald trump debates like he did and debate do against joe biden the trump campaign will feel pretty good about their candidates performance. >> so who do you think actually has the upper hand in this debate that does that mic issue actually turn it for you to trump? >> well, i think it helps trump for sure. i don't think the audience situation really hurts either person. but the person who has the advantage in this debate is going to be the person who actually focuses on voters, tries to connect with them rather than make personal attacks throughout the entirety of the debate. and actually focuses on the issues that those voters care about that's the person who's going to have the upper hand. now, both of these men have been president of the united states. they both know these issues the question mark is, who's going to frame the race and provide an actual warrant and message for why they should be the next president of the united states. >> well, we'll see if it's a debate that is that serious and substantive i think it will surprise a lot of people will be very interesting to see who that actually benefits since it isn't what many people expect. but thank you. >> next from being locked in an outside cage to only occasionally getting ritz crackers as a snack. >> new details tonight on what steve bannon could be facing, what he heads to prison next month from someone who has been there in that prison and knows we're going to take you to the prison itself next. >> plus breaking news with temperatures as high as 100 25 degrees. now what thousand people feared dead as a result, those numbers could go much higher and democrats tonight are up against the clock because they launch a major effort to stop rfk jr. tracks thursday night, life for midland. >> the most anticipated moment of this election, biden rod running mate america sure. that we are a nation of possibility. >> trump. >> we had the best economy, we had the best border, we had the best of everything. and now we got to do it all over again. we're going to do it even two very different visions for america. one unprecedented night moderated by jake tapper and dana bash, the cnn presidential 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and spies sunday at ten on cnn tonight, steve bannon's hail mary ban and filing an emergency appeal with the supreme court to stay out of prison. >> this after an appeals court denied bannon's bid to delay his prison sentence for contempt of congress so bannon is right now set to serve his time at this low security prison in danbury, connecticut, and he's gonna go on july 1. he is scheduled to serve four months there and it's a place my next guest knows well, in bec served time there for wire fraud. >> he is out front now, actually the en standing right outside that dan very prison and where are you spent time? >> i know you also host a podcast called locked in with ian back in tonight, see bands doing everything he can to avoid his sentence at the prison. you are standing in front of it this very moment. you have personally spent time there, which it steve bannon expect when he walks in that prison on july 1, i will luck. >> thanks for having me on the show today right behind me as the dam barry low-security federal prison and steve bannon is going to go through exactly what i went through when he comes through the doors here right behind us, we're standing at the main entrance i got brought here on a prison bus, but he's going to be getting dropped off by a loved one or a family member and attorney in the wee hours of the morning probably at four or 5:00 a.m. and he's going to once he gets in, he's gonna go to r&d. he'll probably be by himself. we'll get special treatment in regards to that because he is of celebrity status but they're going to treat them like a normal inmate when it comes to security, there are going to strip them out he's going to be naked in front of a male guard and he's going to be forced to squat and cough. then he's going to have to see medical. it's going to have to see a counselor. and then after that, after that process, which i'm sure is going to be expedited because he's up celebrity status, whereas in my case, i was air for several hours going through that procedure. but he'll either be put in a general population or b, which is most likely because he has a short sentence and because the federal government is not going to want anything to happen to him is put them in solitary which is kinda like protective custody. but in the federal system, it's all the same. and i actually spent four months nearly at the danbury federal prison right behind us in solitary, it's kinda like alcatraz with the bar. what is it like when he's in solitary? >> how would you describe it? the beds in solitary confinement since you did it for four months herself yeah. so i can tell you off the bat, you know, he's going to lose a lot of weight. you get three meals a day you get handcuff just to take a shower, which is three showers a week you're in your cell, a cage cell with bars on it, 24 hours a day, seven days a week, except they'll bring you to wreck, which is another cage outside. the handcuff you walk you to that outdoor cage and that is for one hour a day. it's not a pleasant place. there's no extra food. you don't get any special commissary. you might be able to order some ritz crackers, but that's about it and so he he says he's going to he's not worried about any of this and that he's he's actually going to be recording his podcast. >> it's almost like he's just gonna kinda do it from some sort of a hotel room. let me here's what he said, ian july 1st hey, i served my country and on navy ship, i'll serve my country is a political prisoner in a federal prison for a misdemeanor, b. doesn't i don't bet one. i there's nothing that can shut me up and nothing that will shut me up. there's not a prison. there's not a prison. there's not a prison built it's not. a, prison built our jail built down every shut me up and he said that nbc news asked me if he could broadcast from their and reportedly he responded his regular podcast will will continue four hours a day, five days a week. okay. >> is that possible and solitary confinement? i mean, recording a podcast. i mean, never mind does even have no phone, nothing right so. >> in low-security federal prisons, there is a ton of contraband cell phones that you can pay thousands of dollars for, which a reason why i think i'll end up putting them in solitary here. but to get away with recording a podcast and that cushing this, that would be at a federal prison camp, which i also spent time and that's where, you know? oh, there's only one guard for 120 inmates very lax security. there's no fence, but he's not going there. he's going to a low-security federal prison. there is a fence, as you can see behind us, and they're going to have all their eyes on him. i mean, we saw with philly macfarlane and other celebrities when it comes to that high profile status they're on top view. they want to make sure nothing's happening to you and i'm telling you right now, they're not going to let him operate a podcast from in those walls right? >> well, i appreciate your time and thank you very much joining us from outside that dan prison, where of course you yourself, i spent time in solitary. thanks. >> yep. thank you so much for having me and out front next the breaking news, officials fear more than 1,000 people have died from extreme heat, including americans. >> we have confirmed as temperatures soar above 125 degrees. dr. sanjay gupta is next with what happens to our bodies when it is that hot let's another de, another delay under trump appointed judge aileen cannon this year. >> the one thing republicans and democrats have in common, they're both waiting for their nominees to die this such white trash in congress you have young american same them lot is getting it, right. >> why. don't you take a gap year in a bottle bach, you have a show were right-left talk to each other sanity, needs a safe space. >> cnn presents non-core presentation of hbo's real time with bill maher tomorrow at eight on cnn. >> kate made progress with her 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highest temperature on record in mecca history i want to warn our viewers at what you are about to see may disturb you. but this is what the unbearable heat is leading to. corpses lying on the side of the road. as people walk by just people dead, people, they're in the road coming. as record-breaking temperatures are being felt in the eastern united states and around the world chad myers is outfront at the cnn weather center in a chat as horrible what's happening in saudi arabia. and as we said, that death toll is expected to rise. there seems to be almost nowhere on earth, right now the northern hemisphere that isn't being hit by heatwave that's true. >> and if we were talking july or august, maybe these temperatures wouldn't be so abnormal, but we're not we're still only in the middle lake part of june, so i'm really not looking forward to what july is actually going to bring big high pressure systems over the years us, over parts of africa. and of course, over parts of saudi arabia. now, the number you just said 125, i just wanted to make sure that everyone out there knows that that's in the shade, in a box with louvre's on it. people were not in a shade box with louvre's. they were on a road with the sun beating on them. so the temperature where they were experience dancing could certainly have been more than 125 without a doubt, it's still hot. houghton quaid city, not quite as hot down in mecca. so we've lost about ten degrees there, but still closer to home, we still have the heat dome here, boston. did you have a great day today? how about vermont, new hampshire, maine, atlantic, canada, fantastic. you'll get one more of those for tomorrow. pro, but not here for the southeastern part of the us. look at the size of the heat from boise down to vegas and all the way up the east coast. these are some are middle summer temperatures, not the early part of june hundred and one is what it's going to feel like in philly tomorrow. hundred and two in dc, there'll be 50 more records sides broken over the next couple of days here across the east. and now that heat is going to settle down to the south because for a few days, aaron, it was cooler in atlanta than it was in new york. >> well, that's all going to change because the heat here is on the way as well. it's unbelievable when you look at that and you think about all these temperatures over the past, de is mean technically we're at the end of spring spraying. i mean, is it just sort of hit it home? >> all right. chad, thank you very much. i want to go to dr. sanjay gupta cnn chief medical correspondent, horse. so sanjay a temperature of 125 degrees fahrenheit in the shade. and anybody in this heat wave, and we understand the huge difference between shade and son. so it would have been much higher than that what does that do to the human body well, simply put, aaron, i mean, you're starting to push the threshold of human survivability, which is why you had to show all those terrible images of what's happening there it's really hot and several things happen the body is trying to keep up and part of the way the body does that, it starts to shift blood towards the skin to try and cool down the body. >> but as you're doing that, you're moving blood away from organs in the body, including the gut, your gut is not getting enough blood flow, which is why people often feel nauseated when they're actually in the heat. but eventually your gut can start to leak toxins into the body that can cause organ failure, simply losing lots of fluids, especially for somebody who has underlying heart disease that can cause cardiac problems. and all of this can also lead to kidney failure as well. so in an effort to sort of keep up aaron try and cool the body, ultimately, it can cause a lot of damage because the body is fundamentally can't keep up if it's really humid outside. the bodies cooley mechanisms of sweating that doesn't work as well. you start to get confused when it's that hot. so maybe you forget to drink fluids or if you get to try and get some shaders as chad was talking about all this is happening simultaneously. it's also worth noting in some of these areas for you're seeing these images. it's not getting much cooler at night. no, 93 degrees at night. so there's no reprieve for people. so heat-related deaths are increasing. you go back to 1980 and compare it to 2016, nearly 40 years later, had gone up 74%. wow, heat-related deaths so it's getting hotter and we're paying the price more people die of heat then hurricanes and tornadoes and floods combined, erin, so that is a stunning statistic and even in places where it's 100 degrees. >> but he named six is 110 said eastern seaboard of the united states this week, a lot of times you're told just drink water, but i understand that some people say actually don't drink too much catch. it can be, it can be counterproductive or totally trying to understand why what do you do to protect yourself yeah. >> i mean, i think there's there's common sense advice. obviously, you try to get inside, you try to get air conditioning, you try and stay cool if you can. in bodies of water are taken, cool showers when it comes to fluids, i think the thing to keep in mind this is where most people sort of just missed the boat on and actually trying to deal with heat-related issues. either they chug a lot of water quickly and then they don't drink for a long period of time. that's not a good idea. that's not the way the body works unique consistent fluid. so think about drinking a cup of water every 20 minutes or so. >> it's a lot. >> i mean, just think about that, but you really have to do that electrolytes can be important because you're losing a lot of electrolytes through your sweat. but not necessarily taking salt tablets. because if you're taking salt tablets, you could actually throw off your electrolyte balance. only certain people need to take electrolyte, take salt tablets, do that with the advice of the die dr also keep in mind if you're trying to help somebody, people throw around the terms heat exhaustion and heat stroke. heat stroke is worse than heat exhaustion. but just to give you an idea, heat exhaustion, you're typically going to see somebody who has cool skin, clammy. there's still heavily sweating. their body is still trying to keep up. there pulses typically week when you haven't heat stroke, your body, is that point is probably stop sweating. the skin is now dry and warm, no sweating. and now your heart is really trying to kick it saying, let me do everything i can to try and keep this body alive. so the pulse really picks up for a period of time. those can be tough to distinguish for a lot of people, even medical people, but it's important, especially if you're trying to help somebody. but the advice regardless is really the same. but i think the fluids really just thinking about carrying something around with you all the time. >> yeah. and every every 20 minutes or so drinking another cup of water. that's because i think, uh, you just said it. everyone's does drink and then you just chug and then you think you're good the whole way of doing it differently. i hope is information that can help a lot of us. thank you so much all day sanjay gupta next another delay tonight and trump's classified documents case after judge cannon holds an unusual hearing and then decides to offer know ruling. so what is going on there? >> plus congresswoman lauren boebert says, america quote, needs more this is from the person who was, of course picked out of a theater for vaping and allegedly groping her date now, in danger of losing her seat in congress the crowd just use it any cost i did not think they would be so what you could die house of the dragon. >> streaming exclusively on mac from roger to we there yet so many ways to save life, ready, while it happy that's 365 by whole foods market, i brought in a juror max protein with 30 grams of protein. >> those who 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ringbone. ask your gastroenterologist about invoke and learn how avy can help you save our biggest challenge. >> uncertainty. hidden fees, surcharges. who knows what to expect turned shipping to your advantage? >> keep it simple with clear upfront pricing, with usps ground advantage the cnn presidential debate thursday night at nine live on cnn and streaming on max tonight another de, another delay by judge aileen cannon, the judge in donald trump's classified documents case, not ruling on a bid to declare special counsel jack smith's appointment on lawful canson cannon. >> also, i'm sorry. not saying when she expects to actually roll this is of course, far from the first time, but cannon has kicked the can down the road in a case that has already been delayed indefinitely, there is no trial date. she is not decided on at least eight key issues outstanding. multiple motions his dismiss the case when the trial begins. she has also cited with trump who appointed her to be a judge in the first place on removing key facts from his indictment out front. now, jeff swartz, he was a miami-dade county court judge, as well as a former prosecutor and criminal defense attorney. and jeff, i'm glad to see you again on this friday, so thank you so look, when you add all of this together, gather, right. you're having hearings on all kinds of things that would ordinarily not merit a hearing. and then when you have a hearing, you don't actually make a decision at the end of the hearing. >> is this a concerted effort by judge cannon to delay the trial? i've, been seeing for awhile that that's exactly what's going on here. no, judge. even one that's young or anybody that's been front of a judge would allow themselves to delay things this much unless it's exactly what they want to do and that's exactly what she is doing. >> so this comes a day after we learned that there were two federal judges, very senior, very seasoned, who urged cannon not to oversee this case, told her that it was the wrong thing. >> she obviously rejected that ty cobb, the former trump white house lawyer, last night, told me he believes that can inciting with trump on this could actually be the final straw for here. >> here's how thai put a job the worst thing that could happen to her is that she actually does rule for trump on this because that would go to the 11th circuit and then i think this petty partisan diana, would be putting your place and they would remove her. do you agree, geoff ruling for trump could could be the aunt. how come because, at that point jack has a reason to take this up on appeal and when he does, he can allude to the problems that he's had with her overall of this and the 11th circuit looks at her like the supreme court looks at the fifth circuit. >> there's just too much coming out, too many problems coming out, and they're just probably blue pretty tired about hearing about her. and now at this point, they would have to reverse her again. and i think that they would probably make a suggestion to the chief judge to remove her from this litigation and appoint somebody else to handle it. >> all right. so so maybe this is that moment finally, i mean, obviously it's still doesn't get you a case by the election, but, but maybe get your trial at some point depending how that election goes. so when judge cannon right now, i understand jeff is hearing arguments from jack smith's team on events and this issue overall, but she's also allowing and this is highly unusual. i know. third parties lawyers, law professors, to weigh in that aren't related to the case at all but even though that is unprecedented, you happen to be both judge, lawyer, law professor. so what would you tell judge cannon? >> if i were the defense attorney, a be very happy that i'm getting this kind of help from people who supposedly carry some weight if i'm the prosecutor, i'm sitting you're saying why are these people here? they don't have an interest in this case. they have no dog in this fight. they're talking about the independent council rules that used to apply many years ago that don't apply to the special counsel is far as supervision or how they're paid, or any of those things don't apply here. so the answer is, i just don't understand what why these people are even talking i want to ask you about one other thing today since since you're here tonight, jeff supreme court justice alito was not on the bench as the court issued opinions. >> this is the second day in a row. he was not there. and the court usually gives an explanation when a justice is absent that did not happen here. and it is highly unusual for supreme court justice to not be there when they are putting out the opinions. so highly unusual that this would happen. and for them not to give a reason and the context also here is is that the court is under fire after those flags linked to stop the steal in january 6 were flown at justice alito's properties so does the supreme court need to address his absence where he is they always have in the past unless it's an extremely private matter, and then they will allude to either there's a medical issue without expressing what it is, or announced that the justices on vacation or whatever it may be but the fact that he has not been there two days in a row without an explanation, can raise issues that should be answered and i think that at this point these inquiries have got to continue to be made. >> and justice alito will have to answer for why he wasn't there i have no explanation for it. i don't think he's giving into pressure of any kind. so and i don't think he's going to resign. so why is any there certainly at the very least you think with all of this a little bit of transparency on this sort of thing, could only help in terms of public. >> thanks so much, jeff. i appreciate your time. next, biden's allies. now going to new lengths to keep rfk jr. off the ballot. but will it work? >> we have a special report exactly what's happening, where plus congresswoman lauren boebert wants to bring morality back for getting booted from the beetlejuice musical for vaping and groping are voters buying this righteousness get back? >> i voted buttons. i like dragging every little kid. why no donkeys or elephants stamps in ela thing says cell boy it's like your generation has evolved past traditional political symbols. >> and there's room for everyone, kind of like my podcast on cnn. yeah, plus chins, puke rainbows why taken if you're living with moderate to severe plaque psoriasis for active psoriatic arthritis symptoms can sometimes take you out of the moment now, they're sky rosie so you can show off with clear skin and show it off with sky rizzi. >> you could take each steck with 90% clearer skin. >> and if you have psoriatic arthritis, sky rosie can help you get moving with less joint pain or stiffness swelling, and fatigue. >> and the sky rosie is just four doses a year after to starter doses, serious allergic 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$800 prepaid card. call today! channel worked at and maria already asked her budget reminder beta smartwatch mom by morning. >> got it. got it. boss, daughter new got at this anderson cooper 360. next on cnn tonight, democrats waging war on rfk juniors bid for the white house. >> but donald trump says he's not so sure that rfk jr. hurts biden they say here it's by more than he hurts me. i don't know if that's true or not, but say you're inspired because he's serious left person you know what it is that's good. i don't really care even mackenzie is outfront has done everything in their power does up. >> and i'll continue to do that as robert f. >> kennedy jr. pushes to gain ballot access in all 50 he states. >> democrats are ramping up their efforts to block him by filing legal challenges across the country. >> qarrah, couple of filings that he put in in delaware, more than a dozen attorneys representing the democratic national committee are engaged in an aggressive campaign to keep kennedy off the ballot. >> we have a nationwide legal team that goes state-by-state to hold him accountable to make sure that he's playing by the rules and that he's falling the same set of rules that everyone else is to get on the ballot. well, outside groups like the pro biden clear choice pack launches separate legal campaigning against kennedy. democrats alleged the kennedy campaign misleads voters by concealing kennedy's name when gathering ballot petition signatures improperly formed a minor party in north carolina and made procedural errors in five states in new today, the dnc is asking delaware officials to block kennedy's ballot access. >> they didn't file it on time they didn't file basic electors paperwork. >> it's all part of a broader political strategy. the democrats are pushing in hopes of keeping the voters back. president biden in 2020. but may consider kennedy come november kennedy says he will overcome these efforts, which he dismisses as frivolous case that we brought to court with winding easley and we'll continue kennedy won in hawaii after democrats objected, there, he's on the ballot in seven states and has submitted paperwork in over a dozen more and they're void up to successfully pushing back petition deadlines including in utah, where kennedy has qualified in the beehive state biden allies maintain their engaged in a fair fight. >> what do you make of this argument that kennedy should be challenged on policy alone, that if you you have a policy dispute with him as democrats, fine, but that keeping him off the ballot is unfair what about that is unfair. we are not keeping him off the ballot by force of arms for keeping him off the ballot by rule of law. and the first mission of a third-party candidate campaign is to get your candidate on the ballot. if you'd think she could do that, we'll go ahead and try and aaron, the kennedy campaign paid nearly $3 million to one ballot access consulting firm just last month. it really gives you a sense of how these legal battles with the dnc and other democratic groups could drain the campaign's resources. now, as it stands kennedy currently on the ballot in seven states, the most consequential, one, of course, aaron, is michigan all right thank you very much. >> everybody watching that, which states he's on the ballot on could mean everything also tonight, we need morals. that's a quote, and it comes from congresswoman lauren boebert today praising the louisiana a law that requires public school classrooms to display the ten commandments we need morals back in our nation, back in our schools. >> and if there's anything that we are going to present in front of our children, it's going to be it should be the word of god boebert, of course, was kicked out of a theater for vaping alleged groping, but it comes just days before a crucial test, voters will decide her fate in a crowded primary. >> lyse caffeine off is outfront after, almost being booked by voters and colorado's third congressional district in the last election congresswoman lauren boebert is now trying to lasso support. on the other side of the state i want to say i'm so grateful to each and every one of you hoping to represent colorado's fourth congressional district, which is less diverse and more republican. june 25th is coming up and we have got to unite if boebert can secure the nomination in june, she'll be the clear favorite to win the seat. homer but she faces an uphill battle. >> battle as a newcomer to the district in an already packed republican primary, i didn't go to washington, dc to make friends and b. wallflower, the far-right firebrand, unapologetic persona, catapulted her to maga stardom. and she's touting her relationship with former president donald trump, noralyn, your gonna do fantastically on your desk? let's take laura involved bird. thank you. >> boebert, is among a half dozen candidates running for the seat vacated by congressmen ken buck in march, a hardline conservative who has clashed with his own party. >> i don't think we can have the credibility we need with the american public if we continue the lies that we're now telling the 2020 election was stolen. >> but for some voters, boebert's trump style rhetoric strikes a chord. >> america first, and that's what lauren boebert stands for. >> i know. caused a lot of controversy firstly, you even sigler to district for me, felt that c is still the right person to represent us, but it's not just boebert's move that's been controversial president trump is not going anywhere. >> you've coming back for another four years. >> she made headlines for turning up at trump's hush money trial in new york last month. >> what is the crime? will skipping court hearing for her teenage son, who was facing misdemeanor and felony charges suspected of being part of a group who used credit card stolen from cars to make purchases. court records show i am the mother of four boys who i am raising diligently. >> her rocky divorce has sparked public scrutiny, turning off some voters i think that the things that are going on with her family are significant issues last year, boebert was booted from the beetlejuice musical in denver for vaping and causing a disruption. the theater incidents, we surfacing again recently after boebert slam denver officials for welcoming new comer of migrants writing, we need to vote out ever everyone in government who refers to illegal alien, criminal invaders as newcomers and do so quickly. >> denver mayor mike johnson hitting back, writing, did i forget a section in the playbook about not vaping and getting hands. he had beetlejuice, strong fundraising and name recognition do help boebert but voters are divided about whether this candidate comes with too much controversy. >> i don't like her politics. i don't like her attitude. >> no one is perfect. >> and so therefore, i have to choose the person who i believe is going to uphold the values in washington dc to the extent that will protect my rights here in colorado. so you're hoping to see fewer headlines about bad behavior are more headlines about policy. >> absolutely now siemans reached out to boebert's, sons, attorney for comment on the charges he is facing. >> we have not heard back for voters here in colorado's fourth congressional districts,