>> you cnn breaking news >> thanks for joining us on cnn news central this afternoon, we begin with breaking news, a judges upheld the criminal indictment against former president donald trump in georgia. the judge, they're rejecting the argument that trump's efforts to overturn the 2020 election were protected under the first amendment cnn's zachary cohen is part of a team that broke this story zach, walk us through this decision by judge scott mcafee >> yeah boards. you'll remember that we heard we watched a hearing in fulton county, georgia just about a week ago, and trump's lawyers argued strenuously. that's entire case should be thrown out because in his argument that the political speech and that the claims about voter fraud that trump was pushing after the 2020 election are protected by the first amendment. now, the judge today roundly rejecting that argument as we've seen him do multiple other times in this case for other defendants in georgia saying, look, quote, the defense has not presented nor is the court able to find any authority that the speech and conduct alleged is protected political speech. it goes on to say that this argument is one that should be heard by a jury, not one that should be decided during pretrial motions. that was the argument that prosecutors in georgia made about a week ago in court before judge mcafee. so this is just an example. sample of this case in georgia, inching towards a potential trial. we know that the da there has asked for a trial to start on august 5th, but judge mcafee has not put a start date on the calendar. get that really is the big thing we're looking for. but again, the judge continuing to work through these pretrial motions and georgia continuing to work toward an address these issues that have to be addressed before a trial can take place. >> and zach, judge mcafee is not the first judge to make a ruling like this related to trump's efforts to overturn the 2020 election being related to the first amendment. judge tanya chutkan also rejected that argument from trump's attorneys in the federal case against tim four, election subversion. i'm wondering, have you heard anything from trump's georgia attorneys about this decision, how they plan to proceed >> junk trump's lead attorney in georgia, >> steve sadow has immediately declined to comment on this ruling. i'm sure we'll hear from him eventually because he did push and he was the main person, the main defense attorney arguing this in court when we saw this hearing take place just about a week ago and look, steve sadow has filed a several several similar motions to try to get this case thrown out before trial even happens i'm obviously trump is fighting multiple multiple legal front. as you mentioned, he tried the same argument in his federal case with judge tanya chutkan, who similarly rejected the first minim arguments. and when we saw the hearing take place in georgia prosecutors referenced chutkan's ruling on this first amendment issue two, and like i mentioned earlier, this is a similar argument that some of trump's co-defendants in georgia have also tried to make and it was also rejected by scott mcafee. so we're going to see there's other attempts on address attempts and motions on the table still and try to get this case dismissed. but for now, the case and the indictment against trump in georgia remains intact, >> is that cohen? thank you so much for the update. brianna >> president biden is outraged and quote, increasingly frustrated by israel's military campaign in gaza. house. and he's expressing that to prime minister benjamin netanyahu in a phone call that was scheduled after the israeli military killed seven aid workers. and series of airstrikes. but as biden's frustration mounts in the wake of the deaths of world central kitchen employees. his policy on israel has not changed according to a senior administration an official, even as the white house struggles to influence its key middle eastern ally to reduce civilian casualties in gaza to that end, the us is transferring more than 2000 us made bombs to israel. so how effective can this call actually be? let's get some insight now from cnn's mj lee, who is at the white house for us. mj. can you tell us? about this phone call >> yeah. briana, we are currently waiting on word that this phone call between the two leaders has concluded, but you know, we've reported on many phone calls between the president and the prime minister since the october 7 attacks. and of course, many instances and moments of frustration tension where the two litres have clashed since this war began. and you'll call that the president himself recently said that there's probably going to be a so-called come to jesus moment between the two litres. and what sources have told us in the last 48 hours is that there is a new level of anger and frustration inside the white house after the deaths of the seven aid workers. and that that incident is certainly going to be one of the many topics at the two leaders discussed on this phone call today in addition to, of course, the general idea of getting more humanitarian aid into gaza. those talks that are ongoing for attack temporary ceasefire, and the release of hostages. and also this ground incursion into rafah that israeli officials continued to say, is imminent. >> but what we are >> watching for briana here coming out of this phone call is whether that alleged anger and frustration from the president and everyone on down gets translated into a new position or new policies coming out of this administration because so far the white house has made it abundantly clear that this administration continues to support israel and the war that it is currently waging. >> and they have dismissed the >> idea of pulling back support for israel in any way. and certainly this idea of conditioning aid that the us census israel. here's white house spokesman john kirby on this yesterday >> while we make no bones about the fact that we have certain issues about some of the way things are being done. we also make no bones about the fact that israel is going to continue to have american support for for the fight that they're in to eliminate the threat from hamas >> but you know, sticking to the status quo is certainly being increasingly criticize. and at the very least, being questioned including by senator chris. he of course, is a big ally of the presidency, happens to also be a coach care of the biden campaign. >> here's what he >> said this morning on our air about the idea of conditioning aid to israel >> i think we're at the point where president biden has said, and i have said and others have said if benjamin netanyahu, prime minister were to order the idf into rafah at scale. they were to drop thousand pound bombs and send in a battalion to go after hamas and make no provision for civilians or for humanitarian aid that i would vote to condition aid to israel. i've never said that before. >> and you know, the weapons that the us has sent and continues to send to israel is going to be increasingly controversial. stolen, i think it's very much worth noting that the white house has said that it does not know whether us resources or us weaponry was involved in the strikes on monday that ended up killing those seven aid workers, brianna mj lee, live for us at the white house. nauta israel, cnn's jeremy diamond and jeremy, both of these leaders, this, this isn't just about strategic military considerations both of these leaders have serious political considerations. what is at stake for netanyahu with this call >> yeah well listen prime minister netanyahu is facing all kinds of pressures at the moment. of course, foremost among them is the pressure coming from the united states and other allies this is a traditional allies to the state of israel who have been growing increasingly critical of the way in which the israeli military is carrying out this military campaign in gaza. over the course of the last several months, but also here at home netanyahu is facing a range of domestic political pressures, including a member of the war cabinet is top political rival. just yesterday, calling for early elections as soon as september timber protests have been mounting over the course of the last several weeks as well. that's not to say that netanyahu's grip on power is being loosened in any way at the moment, there doesn't appear to be any kind of imminent collapse of his coalition government, but there's no question that in this call with president biden, one thing that netanyahu had to do was to convey the seriousness with which israel is trying to address this strike. we have seen israeli officials, both political and military officials over the course of the last several days conveying the extent to which they viewed this as a grave mistake and showing that they are going to take steps to try and prevent this from happening in the future. we know that the israeli military has been conducting an investigation and initial inquiry into how this convoy was apparently miss identified as a threat as the israeli military said, in the immediate aftermath of this, we expect those findings to actually be released at some point today now and beyond that, netanyahu has also talked about ways in which he plans to improve the distribution of humanitarian aid in gaza, something that humanitarian aid groups have been saying is a problem for months now, those deconfliction can and those with the israeli military to ensure that what happens earlier this week with this world central kitchen convoy does not happen. so this was certainly a moment for netanyahu to convey the seriousness of this matter. the fact that he went wants to rectify going forward and to try and convince biden as well that this is not a kind of practice of the israeli military to go after these humanitarian aid convoys. but there's no question that there are still numerous questions that remain about exactly how this could have happened. and we will be waiting for the findings of that initial investigation to see whether or not those questions are answered in any kind of substantive way >> and jeremy, just real quickly, can you also talk about what we're learning about the controversial role of ai in the idf's targeting, or maybe more specifically, how reliant they have been on it without human checks and balances >> yeah, really remarkable report by an israeli magazine plus 972, which a revealed. this artificial intelligence program, known as lavender, which use identifies targets in the gaza strip effectively compiling a kill list of potential targets suspected militants for the israeli military two then drop bombs, dropped missiles in the gaza strip. and this report revealed that the military relied on this systematically using this system to identify targets and then rapidly authorizing strikes on those targets including on some of these suspected militants, low-level militants in some cases at nighttime while they were at home in their families, resulting in significant civilian casualties. as we have watched over the course of the last several months of this war, the israeli military, for its part said that these systems are merely tools for analysts to use. that it is used in conjunction with human personnel who verify the information that this ai system is giving. but one source told plus 972 that military personnel effectively served as a rubber stamp and that this system actually had a 10% error rate. so very significant and very troubling information revealed by this magazine. >> yeah, indeed, jeremy diamond. thank you so much for that. horus. >> let's expand the conversation now with former state department middle east negotiator, aaron david miller aaron, thank you so much for being with us. are you expecting anything on the ground in gaza to change from today's call between president biden and prime minister netanyahu i mean, one call is not going to make or break. this relationship between the two countries >> and i think bore the overall point months into this war, almost six months and it's worse at the administration has been pursuing what i call a passive aggressive policy toward, toward the really tremendously finger tremendous frustration. tremendous to change israeli practices on the ground and minimize the exponential rise of palestinian deaths and humanitarian catastrophe. but unwilling, it seems to me, still to impose a single cost are consequents that you and i would consider significant on israel. and i think the reasons are are clear, president alone among is predecessors has this unique emotional bond with the people of israel securities are all the idea of israel obviously not so much with the most extreme right-wing government history of the state and second, if, if biden wants to change the pixels you in gaza de-escalate free hostages, surge humanitarian during assistance, avoid a disaster in rafah, i think he really has no choice. >> and i >> think this is the way their reasoning it out. >> but to cooperate not just with netanyahu, but to read the mood of the israeli public. and also benny gantz boris who sits in that war cabinet endorsing the rafah operation. so it can't be nittany now against biden it would be it ended up being biden against most of most of the israeli public. and i don't think given instruction wants to put itself in that position that's a fair point. i would say it's almost poetic in a sense because for biden, it could have electoral consequences. he wants this conflict to end sooner rather than later, because obviously it could cost him in november critics would say that netanyahu wants the conflict of go on because he's trying to avoid elections. it doesn't seem to you like their motivations are contradictory absolutely. >> two >> clocks. >> president wants his thing over or at least de-escalate the point where palestinian lives are protected and humanitarian systems can be surged into gaza rather than dribbled him yeah, i think i'm on trial for bribery, fraud, and breach of trust and jerusalem district court, three judges for three years. now, the longer the work continues, the greater the chances i'm sure mr. nittany, i'll believes that something good will happen the rescue hostages, they'll kill the senior leadership and to some degree, you'll be able to get credit to offset the debacle of october 7, i do want to ask about potential avenues for the us to exert influence. is there anything the white house can do outside of putting restrictions on arms sales are limiting arms sales that would get an in yahoo to adjust his posture hard to say three levers. >> registration could have pulled all of >> them or none of them since october 7, one, as you pointed out, condition restrict or n munitions deliveries to israel, not going to do that seems to me number to introduce their own un security council resolution or abstain or vote for someone else. that is highly critical of israel. it seems to me not gonna do that. then the third issue is forget the israeli hamas negotiations and join the international community in calling for an immediate cessation i've hostilities. and we'll deal with us use later. and frankly israel is not at war with switzerland. i think the president understands that israel's fighting a vicious terror organization with which holds and abuses hostages. i don't think the president is going to do that. >> so i think biden's in a >> box, boris, that's the real problem here. he's an inventor mr. been trapped, and it's really difficult for me to see how we fundamentally changes course >> you did mention in a recent interview that you believe that biden doesn't share the same depth of feeling, an empathy for palestinians that he does for israelis. i think the white house would refute that help us understand your perspective >> i mean, this is a good kind, man joe biden and if you watch to speech on october 10th, it was quite clear three days after the hamas terrorist or that he he's into some degree fields, the emotion and the pain of israelis and the los, you referred to the quote, black hole of loss, unquoted. >> and he may even >> conflated with each with a personal tragedies is only genuine emotional man. the way it's conveyed, however, i think is different and i've gotten a lot of pushback for that comment, but i think it's it's true, it's not that joe biden doesn't care about the deaths of palestinian innocence and >> this is the big dam >> who that do >> what makes a medicare supplement insurance plan like an aarp medicare supplement insurance plan from unitedhealthcare. a good choice for people on medicare it's smart for you to have now, i'm 65 and later on for the future you i'm 70. it's really smart. >> hey, looking good. you made a great choice for us with this type of plan. >> see any doctor or >> visit any hospital that accepts 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