Thats what i talked about this morning. Its a different contact. Nice to see you, as always. Im laura coates. Welcome to cnn tonight. Breaking news, Pennsylvania State police say they are have confirmed a sighting of the con convicted killer. Thats being investigated further. A live report coming up. The legal fight is coming fast and tfurious, as Donald Trumps team wants the federal judge to recuse herself from the 2020 subversion case, thats brought by jack smith. He is arguing the public are l not accept the outcome of the case if she doesnt recuse yourself. In georgia, he is asking several charges to be removed against him. And tomorrow is the deadline for one fani willis to explain how 19 cases could be tried together. Thats tomorrows news tonight. And whats the story of the defendants on the rico case . And are they getting a preview of the case . And listen to what Brad Raffensperger told Anderson Cooper tonight. Much more to come on all of that. I wanted to start with all of the fastmoving developments in the case against donald trump. Joining me now, former white house lawyer, james schultz. And chris timmons. We have a view here. Trumps lawyers are honing in on this comment, on n the case of a rioter from january 6th. The people who manned that capitol were there in royalt loyalty to oneern. Who remains free to this very day. That rallied you to take action and to fight have not been charged. I wonder when you think about that statement there. Are you seeing that as a cause to have her recuse herself . A lot of judges on this docket have had to grapple with confidents. Is it enough to recuse her . It will be largely in her own discretion to make that determination. And theres not a chance that shes going to recuse herself from this case. She has asked for an expedited briefing. They will put it in context. These comments were made by folks being sentenced in the cases. She made an appropriate chance. I think it gives her the road map and context. And she will be the one hearing the case. Theres so many judges that had to preside over the many cases already. In another filing, trump is asking to dismiss several of the state charmg charges in the ful county case. He says he wants to move to Federal Court. Were going to see a lot of the motions. What is the likelihood of success in georgia . We know that mark meadows was unsuccessful so far. How about trump . This was kind of a me too. Tagging on ray smiths motion. Dons motion says the enterprise in rico is too broad to be appropriate here. What he is trying to do is gain sympathy for his client nationwide and by potential jurors. By thinking that anybody kcould be swept up in the rico enterprise. I dont think it was filed for the court. But the public. Mark meadows is asking the 11th circuit to intervene to cause the decision that says he cant move to Federal Court and take on an appeal. The Supreme Court justice is designed to decide whether to bring it to the full justices is clarence thomas. Youre a georgia prosecutor. How long can this take . And what happens to those sur suing the state charges . Are they in limbo . We have a speedy trial on two of the defendants. Those two will be headed to trial on october 23rd. The thing that is up in the air is who will be with them. And a lot of them depends on how the 11th circuit acts. The further we get towards the 23rd, the likely we will have two going. Knowing i will have to tie up my excuse me, and looking at it times two and the other cases that will be held up while those cases are pending. That will be problematic. Yu have people in jail and couples that want to get divorces. It will take a lot of resources. Not the first case of this type. Other cases that fani willis has tried. They might whittle to a smaller number by the time it goes to a trial. As chris side, only two. I wonder what impact you think of the idea of the Appellate Process will have. The judge asked, are we prolonging appeal . And one said, let me have my turn and maybe its thursday next. And well wait and see. Ive said, as clean as jack smiths case is, this case is messy. This is a rico case. A ton of motions filed. Were probably two years out from a real trial on this thing, other than the folks who availed themselves to the speedy trial provisions. And Motion Practice after motions practice. Theres a chance that the Circuit Court asks for expedited briefing on that. They will have to overturn it or send it back down to do what they need to do. The court was clear not to have meadows have his case removed. You can foresee a time, can we not, when one will say its my turn to prolong this. And one person does not want to go this year. Storm, it will be consequential. The real qstion in georgia everyone is wondering, is say fani willis team comes back. D convinces the judge, i can do this case of 19 people at once. Look at the lovely yearbook photo we have, and they all go forward with trial. If they are able to convince the judge of that, the fact that two have a speedy trial mean the other 17 could actually have to go on that date . Thats what that means. Look at this beautiful chivalry happening right now. My heart is warmed just now. Chris, you can go. And jim, if you want to respond for the whole motion here. My apologies. If youre the judge, you want it to go at one time. The wild card is the federal removal and Double Jeopardy. I dont think anybody understands. Jeopardy attaches at the state level and it is removed to Federal Court, do you have Double Jeopardy at that point . The judge still has concerns. And nobody has answered the question yet. It will be difficult to have these at one time. I think she will have a hard time. Making a case all go at one as always, thank you so much. My next guest argues that the 19 defendants have a coordinated strategy behind the scenes. Nick ackerman is a forme er watergate reporter and joins me now. You say there is nothing illegal happening behind the scenes. But these 19 codefendants lawyers they are not islands unto themselves, are they . Of course not. What you wind up doing in the cases is entering into a joint Defense Agreement with all of the other lawyers to protect the privilege. And to come up with a strategy and a way to go after the governments case. To try to muck it up and make things difficult for the government. People here think it is it a signed document . Does the judge need to look at it and agree on it . This doesnt have to be a signed document. It can be orgaal they agree to this. They come up with a strategy. The strategy is to try to break up this trial any way they can. They essentially cause the government to try this case more than one time. Right now, its possible they are trying it two times. What they really have to do. The d. A. Has to be firm that she has prepared to g go ahead with all 19 defendants in act. The two that demand the speedy trial are doing it on behalf of all of the other defendants so the government is put through the burden of doing this twice. They get a preview of the case, and are put in a position where the government has to go under the burden of doing this. Then, to be where they have to make better deals with the defendants. Why do you want to break it up . Show me what you got. The more times a case is tried, there could be motions that were successful. Youre talking about having to prove the criminal enterprise. You have to do it every time. They have to have everyone. What is to stop a jury from saying why is everyone not here . How do you force them . You force the defense. Theres two people to say they are in a position to go ahead in october. And use that against all of the other defendants. If these two people can do it, the rest of you can do it. Youll be here on october 23rd. If the judge does that, all of a sudden, these two people who have asked for a speedy trial, are going to withdraw the two demands. We heard about antagonistic defenses. Were going to point our fingers at each other in some way and try to confuse a jury for a variety of reasons. Is that part of what the joint Defense Agreement seems to be . Theres not antagonistic defenses here. They said that last week. They may have said that. But theres nothing antagonistic about what they are going to do. I have never been involved in antagonistic defenses. You are then having people point at each other. Its bad for all of the defendants. Theres no such thing as an antagonistic defense among multiple defendants. Thats not going to happen here. Thats one of the defenses the judge used. The judicial economy and expedience of trial. He was honed in on that. You can imagine that jurors might be saying to themselves, who is more at fault . Are they eventually going to point the finger at one another . Thats what happens if somebody flips. Thats if they flip. Theres no reason to think that any of the people are going to flip or turn on the others. These are the trump fans, they are going to stick by him. You think so . All of them . Think they that donald trump is going to take care of them. He will take care of the legal fees, despite what everybody is saying. They are hanging in there. They are all in this pogt. Theres eight schemes among this ri rico account. And its easy to compartmentalize people here. Theres not much fingerpointing if youre accused of steeli ste data in coffee county. Theres not a lot of fingerpointing to be done here. They are distinct schemes within the enterprise. And all of this is considered by the jury against all of the defendants. Theres really no reason not to try them all at the same time. And theres no reason why two can be prepared to take on the evidence at once, why the others cant do it at the same time. If i were the judge, i would assume it is an admission by two of the defendants. I think the judge is clear. I dont know if i have a bill on me or not to bet you. Trump is not the person when you hear there is a likelihood that people will stick together. When people realize that jail time is ahead of them, think think differently. As they get closer to trial and realize theres a problem, some could flip. The rest of the people go in front of a jury with no one pointing a finger. Nick ackerman, thank you so much. Breaking news. Confirmed sighting of the escaped inmate tonight in pennsylvania. The latest tonight. Theres Breaking News tonight, everyone. The Pennsylvania State police are confirming tonight another sighting of the escaped murderer. Joining me now, brian todd and Andrew Mccabe d retired fbi official agent. This is another sighting tonight of him . In real time . What do you know . We got word a short time ago, from trooper james mckay. Hes said theres been sighting of him tonight. Within the last two hours, my team and i saw and moved through visibly ramped up police fence in the area. That was the area where he, according to local residents and police ditched a van he has stolen. He stole that from a dairy farm. That area is the area were talking about. We saw a rampedup police fence a short time ago. The Pennsylvania State police. Moments ago, issued reverse 911 calls to all of the people in that area. This is from the Pennsylvania State police. It says, the Pennsylvania State police are receiving reports of escaped convict, in the area of ridge road, in South Coventry township, possibly armed with a weapon. All residents are asked to remain indoors. If you observe anything suspicious, if you see the individual, do not approach him. Call 911. They are saying that he possibly has a weapon. Up to this point, the police have not confirmed if he has a weapon. Do you have any indication he does not have a weapon . This is significant. Not only a tighting. He possibly has a weapon on him. And its in the area he ditched the van on wednesday night. The third confirmed sighting of him in 48 hours. Saturday night, he was captured on two Ring Doorbell cameras of Work Associates of him. He was seeking help. He did not get it. He did converse with someone in portuguese asking for help. That person was not able to help him. The other person was not home. Three confirmed sightings in 48 hours. This one tonight. And reverse 911 call to residents saying he possibly has a weapon. Thats significant. It is. Im hearing of this 12 days now in. His appearance has changed and hes bold enough to communicate, as well. Does this change a lot in the Ground Operations . I think it elevates a degree of desperation on m mr. Cavalcante. He cannot stay where he is. He needs to get away. He needs transportation, food and shelter and clothing periodically. He is 24 hours a day, on the hunt for those items. He improved the situation by changing the appearance. He changed his clothes. Acquired some transportation. Ran out of gas with the van. Now, hes been in the same area for at least 24 hours. That tells us hes not acquired new transportation. If he has armed himself with a gun or a knife or any other sort of weapon, that elevates the concern of Law Enforcement significantly. His next intersection with a home to get the things he needs, could turn violence. Hes used violence before. Hes killed twice before. And he does not want to go back to prison. They are looking in the right places. But desperation is elevated. When you have someone with their back against the wall, as he is. The desperation. Convicted of a horrific homicide. Might be armed. They have been able to triangulate to have a reverse 911 call to warn residents about the areas hes in. What is sticking out to you about this . As andrew is saying, hes desperate. Hes moving at night. Hes getting seen by the community. Whether the tip came in looking at the security camera. Or whether he tripped up and was seen by a Law Enforcement and they were able to see the fir firearm. The fact that Law Enforcement is pushing into this area with the assets available. Canine and air assets, infrared. Moving in and pushing hard at this point. You get him running backwards on his feet. Theres no reason he wont create a Barricade Situation where civilians might get caught in the crossfire. We heard Law Enforcement wanting to stress him. Wanting to encircle him. What happens if there cannot be, in his mind, a peaceful surrender . I wonder if hes watching the news, knowing his picture is out there. He changed his appearance. Im wondering about the stolen van thats being mentioned. What do we know about the van . Have we learned anything . We know the van was stolen on saturday from a dairy farm. The state police told us that the people who own that van left the keys in it. He stole the van and had it for several hours. There were indications that he was running out of gas and he parked behind a barn. We went live from the barn earlier this evening. It seems like a random and remote place for him to have driven. So far away from the area he was previously, where they had a Search Perimeter previously. Thats 20 miles away from there. A long way to drive. A series of meandering, Random Country Roads out there. He chose that place to ditch the van. Woul could have run out of gas. If hes cited in that area, maybe he got another vehicle. They have not said he has. Maybe he did go off on foot. Maybe he is in that area. Its very dark out there. If anyone has seen him, thats extraordinary. Its pitch black in that area. Theres so much to unpack. A lot of maybeys. A lot of conversation about the desperation. At the end of the day, this man has not been caught. He is supposed to be serving life without parole. Stay with me. Former President Trump is hitting the Campaign Trial. He is telling voters to fight like hell or lose the country and giving a hint as to maybe how he might try to keep the country in his power. Im sholeh, and i lost 75 pounds with golo. I went from a size 20 to a size 6. Before golo, nothing seemed to work. I was exercising for over an hour every day. It was really discouraging. But golos so easy, the weight just falls off. Attention. Are you suffering from hearing loss . The fda has finally approved hearing aids to be sold over the counter. And now, rca, introduces their Revolutionary Otc hearing aids. Starting as low as 99. Delivered, free. Right to your door. Theyre affordable, theyre not the cost people associate with hearing aids or hearing devices. The Old Fashioned hearing aids were a serious hassle. 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