Newsroom up next good morning you are live in the cnn newsroom. Im Jim Acosta in washington. We begin the hour with Donald Trump returning in front of a judge this morning as lawyers for the former President And E Jean Carroll are set to square off in manhattans federal Appeals Court Trump is seeking an appeal after a jury found he sexually abused and defamed the former columnist, awarding her 5 following a trial last year, the case is separate from the related Defamation Trial that was held earlier this year when a jury awarded carroll 83 Million in damages, Youll Recall that cnns Kristen Holmes is with me now. Kristen what do we know about this pill and why is trump expected in court . Hes not expected in court. He has chosen to go to court and just a reminder, after he was awarded a 5 Million that was a twoweek trial. A jury determined that he never once was in the courtroom and he never once called a single witness. So clearly, he is putting on a bit of a show here something that he likes to do around his Court Appearances. They say that he wants to face his accuser in court. They will both be here. So heres what we know right now about this appeal. We know that both trump, as i said, any Jean Carroll will both be in attendance. That is obviously significant, especially given the fact that he never showed up before. There are no cameras allowed in court the hearing is expected to last just roughly 30 minutes, and i will add here thats not on here, but just to add, they dont expect a decision today. They dont even think one is likely before the election each side will get about ten minutes for oral arguments. This is obviously, as you said, separate from the Defamation Trial that awarded carroll 83 83. 3 Million in damages and Donald Trump has announced that afterwards, hes going to be delivering remarks are giving a press conference, theyre calling it a press conference. We always try to hedge sometimes he just doesnt deep questions at Trump Tower yeah. Weve seen that movie before. Our kristen stay with me and joining me now for more on this white collar defense lawyer, Seth Berenzweig former Trump Attorney Turning On Cnn legal commentator, tim Parlatore And Cnn legal analyst and former prosecutor karen agnifilo. Seth, let me start with you first let me do you think this appeal will be successful . What do you make of Trump Being in court . Its going to be an uphill battle. And i think its important to kind of zoom out along the lines that were mentioned a moment ago. Its unused fishel in civil trials to have an appeal where the defense didnt put on any evidence any rebuttal witness. Very, very unusual. Were going to be hearing about specific evidentiary Arguments Today, specifically with respect to the Access Hollywood Tape and how that came out during the use of Deposition Epsrc for mr. Trump, as well as other witnesses to other ladies that had accused mr. Trump of similar conduct and given the fact that it is a federal appellate case, it will go under advisement to the bench. We will not hear anything this year. We wont hear anything before the first quarter of next year. So a lot of fireworks today, not much happening after that prior to the federal Election Trump did not attend this trial last year. He did, however, tend to separate Defamation Trial lots of different cases. Obviously at play here why do you think he changed his Mind Today . Whats going on . Is that a good idea for him to be in court . Well i think he was in court for the second trial and he doesnt get to participate in this at all. He gets to sit there and listen. So whether or not him sitting there and the judge seeing him makes any difference whatsoever. I dont know that that would because he didnt attend the Trial Judges will certainly know that when he didnt put on a defense, he didnt do much in this particular trial yeah. And tim, as weve been saying, hes not going to be allowed to speak today. He is going to have this News Conference or press conference, whatever theyre calling it at Trump Tower. And a few hours from now is he trying to to go back to that playbook that we saw during the republican primaries where he would go to the courthouse, put on a big show. Does he think theres a political benefit to all of this . Would you advise him to be even down there today . Well, you know, for an appeal, i generally dont have my clients go unless they want to go for the Entertainment Value because its not something that, you know girls are very different from trial. And the judges are looking directly at the lawyer and asking a lot of pointed questions to the lawyer. So i dont think it makes any difference cities there, but i do know that he is upset and have that trial went. And i think that he probably regrets not having been there. And the way that that first trial was handled. So i do think that he has a personal interest in getting getting up there to watch this because of that history is it going to make a difference in the case . No, not at all. Because youve been with him before, does he think that being in the courtroom in front of the judge somehow affects the outcome. Youll get a more favorable outcome if hes there yet to sort of you know, his presence is there. And so i dont think that he can fairly thinks that so much is that first trial he wanted to be there. He probably should he should have been there it that case was handled by a lawyer who is no longer with his team and any cant really claim ineffective assistance of counsel because its civil case. And so i think that that really is playing into he wants to show that hes involved in this case. Yeah and seth, i mean, your sense of whether you would have a client in the courtroom for something like this well, as tim was saying, he you would purely be there for entertainment purposes, which obviously, you know insert your own comment there, but well, ordinarily in a federal appeals case, usually, but not always, you have your client appear especially in civil and business litigation. So that aspect is not unusual. Of course, we have mr. Trump there who really knows how to run the circus, so to speak. So thats an unusual feature but the thing that is so fascinating to me handling a lot of Federal Civil Litigation is that the Arguments Today are going to be talking about the weight and the admission of certain evidence. Well, its hard to argue with the score when you dont put your players out on the field since they didnt have any witnesses in the case, the balance of evidence is going to ultimately also go to whether any error constitutes reversible error. Remember, with the witnesses that were parked on in the case to talk about whether he engaged in a pattern. If Team Trump knew how to handle discovery in civil litigation case, they would have at a minimum taken a couple of depositions of video by a couple of a female colleagues that they could play as Deposition Excerpts during the trial to be able to rebut that Pattern Evidence thats basic federal litigation, oneonone. They didnt even do that. So this is pretty unusual in a few different dimensions. Yeah, karen, your thoughts on that because i mean, obviously, you know if were going to get into an alleged pattern of behavior here that that is not good for Donald Trump yes. So thats what theyre really arguing about was in addition to e. Jean carroll testifying that he raped her in a dressing room. They put on to other women who describe similar behavior. And the question is going to be whether the judge, judge lewis kaplan, who was the Trial Judge, whether he abused his discretion in allowing those other those other women to testify in addition to the Access Hollywood Tape where he admitted to essentially forcefully touching women in their private areas and the plaintiff, ms carroll, in her case, argue that that shows that tends to show what he does and his modus operandi, which is his mo, Thats Kind of what, what the exception is to allow this Title Evidence and so thats what theyre going to argue in this in this, in this appeal is whether the judge abused his discretion and thats a pretty high standard and hard they give a lot of leeway to the Trial Judge yeah. Kristen i mean getting to the political dimension of all of this. I mean, i have to think that trumps advisers are going to be on the edge of their seat all day long today because he has gotten himself in trouble for talking about e. Jean carroll, who is in this courtroom dealing appearing in person, and then has this socalled Duty Conference over at Trump Tower where he may say whatever pops into his head about e. Jean carroll, eight weeks before an election. And theres obviously political risks, but the risks political reward for him. I mean, we have seen time and time again that unlike almost any other politician, and ill time these legal trials have actually helped him showing up the courtroom saying that he is politically persecuted during the gop primaries. During the gop primaries, and fundraising, he raised a lot of now, obviously, yes, there are questions of whether or not that plays in a General Election as well. This is really the first time were seeing him do this again. Hes going to be giving that press conference. I will say one thing which is yes, he obviously is not someone who can be controlled. However, lawyers have briefed him over and over and over again on what he can and cannot say. You see him time and time again, walking all the way up to the line. Now, obviously, hes crossed that line before he could do it again, but they are out there telling him every day what he can quickly, we are expecting a key decision from Judge Marshawn in the hush money trial. So this is actually a really big deal. So september 18, thats supposed to be the Sentencing Date for that hush money trial. There. He is going to decide right now if theyre going to delay it, Donald Trumps team has asked for them to District Attorney Alvin bragg did not oppose that. This will be the second time that they delay this. If fact the judge agrees to it. If were going to see a sign saying no, i will tell you Donald Trump is fundraising as though hes going to be sentenced on september 18. I just got a Note Either Yesterday or the day before that said when im sentenced in just a few days, ill be wearing this hat. Come by this hot. You can wear it too. So hes, hes at least positioning himself like hes going to thats exactly they could delay It Delay and psychometric in general, where the sentence could be probation or not, but thats what i mean, well see what happens. Sorry, guys. Thank you very much. Really appreciate it Coming Up. A Father And Son in court both facing Murder Charges in connection to the Georgia School Shooting here what the suspected shooter told the judge . And later Donald Trump says he will put Elon Musk in charge of one of the most consequential roles in u. S government. But hes planning Coming Up Kamala Harris, Donald Trump, the debate. Everyones been waiting for follow. Cnn for complete coverage and exclusive pre and postdebate analysis. 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Im Katie Bo lillis in washington and then its the cnn the 14yearold Suspect in the georgia high School Shooting, along with his father are back in jail right now after making their first Court Appearance as Colt Gray was only in front of a judge for a few minutes. He could face life in prison if convicted, he is charged with four counts of Felony Murder after killing two students and two teachers on wednesday, nine others were wounded just minutes after the suspected shooter was led out of the courtroom, his father, colin, walked in for his own arraignment. He sat down in front of the judge and had his charges read to him for the same crime. Colin grays Arrest Affidavit alleges he gave his son a firearm, quote, with knowledge he was a threat to himself and others these charges stem from mr. Gray knowingly allowing his son, colt, to possess a weapon. He is in custody at this time the arrest was made when we had the probable cause to make the arrest our next guest knows the tragedy of losing a child to Gun Violence all too well as 14yearold daughter, jamie gutenberg, was killed in the parkland School Shooting in 2018. Hes since dedicated his life to fighting for Gun Safety. Fred gutenberg by joins us now. Fred. Thank you back for being back on the program. We have you back far too often unfortunately, but i do want to ask you what whats your reaction to the Suspects Father facing charges in this case . What do you take away from that listen the father should be charged, the books should be thrown at him. The father the father bought the gun for this kid after the fbi visited and Law Enforcement visited the father, Apps Luli is responsible and must be held to account but listen. I want to say Something Else because, you know, following the news of the father, there was also a whole lot of other news about comments from j. D. Vance yeah and were going to get to the other i do want to play that. Yeah i do want to play it, but it matters. It matters here because this is this case, this, this shooting puts an end to every lie about why were in the place that we are today this father, i hope he rots in the most evil place in the universe along with his son. This was a preventable act of Gun Violence. And sadly, until we take on the reality that our Policy Choices and politicians who refuse to make the right Policy Choices accept the change that we need. This will happen again yeah, i mean, the system is riddled with loopholes as you know, and openings and vulnerabilities. Police say gray bought his son this gun for christmas. Thats months after authorities first contacted the family about a separate School Shooting threat last year. Although this kid denied making those threats i mean, its remarkable. I mean, people talk all the time about, well, if theres tougher enforcement and their visits to the home from authorities that can prevent these sorts of things and then it didnt have well, listen and to some extent, in moments like this, were also subject to local laws. And unfortunately in the State Of Georgia the laws are not acceptable. They had no red Flag Law okay. Theres no safe Storage Law okay and so, you know, the