Public opinion. Last night, house managers who essentially act as prosecutors in the trial delivered their brief, arguing why President Trump should be removed from office, calling President Trumps conduct, im quoting now, the framers worst nightmare. And now the ball is in the president s court. His legal team has until noon tomorrow to file their own brief, but today some already are making their case. There is a confusion between the reasons for having impeachment, and those include we dont want to see president s who are dishonest. We dont want to see president s who abuse their power. Thats all true. But then when it comes to coming up with the criteria for impeachment, we dont use terms like dishonesty or abuse or maladministration or malpractice. We have to focus in on specific criteria to avoid weaponization of impeachment. Cnns Boris Sanchez is in florida where President Trump has departed for texas and Sara Westwood is on capitol hill. Boris, you first. Were learning more about Alan Dershowitzs role on the president s defense team and how he ended up joining the team. Its interesting. When we first learned of it, he was a little ambiguous about his comments on of his role on the president s legal staff, saying he was an objective expert on the constitution, that he wasnt going to play any role in the strategy, in terms of trying to figure out witnesses or how exactly a president should move forward in a broader sense. We know that the argument he has made so far is that the accusations against the president dont rise to high crimes. He does not believe that theyre impeachability defenses. It turns out that some of the hesitation of declaring himself part of the legal team has to do with his wife, dershowitz saying the president had to get on the phone and make an appeal to his wife, carolyn cohen. She was opposed to it. The president did so. She relented, dershowitz saying that his wife is ambiuent about him being on the president s team but she does support him. He wants people who will do well on television and give him those tv moments that he is looking for. Dershowitz being known not only for being a controversial defense attorney but standing up for the president on television. House managers are meeting behind closed doors right now. They have only a few days to put together their opening arguments. Where do things stand . Thats right, fred. Some of the seven house managers that will be presenting the case against President Trump, theyve been coming and going from the Speakers Office where this meeting started, now over four hours ago. Some of the members that have emerged from that closeddoor session have not been taking our questions about how its going, but congressman adam schiff did acknowledge theyre preparing for the trial. Those preparations were coming along fine. We also saw Democratic Council holding big binders of material back from the office. That just shows you, gives you a taste of how much material these democrats have to get through. Of course, these preparations are taking place amid a debate over whether to call witnesses in the senate trial. Thats going to be one of the key questions addressed when the trial opens tuesday. Today, we heard democrats expressing concern about not having witnesses, as well as other aspects of the case. Take a listen. If the senate decides, and senator mcconnell prevails, that there are no witnesses, it will be the first impeachment trial to go to conclusion without witnesses. Theres no question that working with foreign power, trying to influence an election is about as bad as you can imagine. The main fear they had, why they put the impeachment clause in the constitution is that they were afraid of foreign interference in our domestic affairs. We have a president thats been openly engaging with the russians and others. Right now in this case to try to undermine our elections this is a real threat to this nation. What are we going to do when a president openly, unabashedly in a way thats provable, in a way that his top administrations has do done, what are we going to do when our democracy is under threat, hold that person accountable. Over the next two days, these house managers have to figure out the best way to present their evidence, and may have to do that over what could be an aggressive schedule. Perhaps as a way to shorten the trial. They have to decide who of the seven managers will be presenting what argument and, of course, the senate when it returns this week will have to debate a rules resolution, laying out the structure of the trial. That will be settled when the senate returns. Last night the trial brief was filed, the paper version of the case they are practicing now, that they will present during the trial. New evidence during the trial rudy giuliani, something that will lawmakers will have to contend with, its something that they have in their trial brief and intend to include in their case moving forward. Alan dershowitz made sure to distance himself from being a fulltime member of the president s legal team. Im not involved in the daytoday. You have argued on the floor of the senate. No, i was once. Once. On behalf of senator cranston, many years ago. Very few people have argued i want to make this clear. Okay. Im not seeing this clear ly alan. Who hired you . I was asked by the president s team on constitutional. I will be making the argument as an advocate, not an Expert Witness i will be advocating against impeachment of this president based on the constitutional criteria. With me now, historian and professor, ross garber is a cnn legal analysts. Julian, to you first. Do you think dershowitz downplaying his role on the president s legal team could end up clouding the president s defense, perhaps even be a liability to an extent . Perhaps. Hes backing away from his comments about president ial power and really questioning what impeachment really is, which led to many people criticize him. I dont think it will cloud the overall strategy. I think the president wont deny the facts of what happened. Theyll focus more on what dershowitz has been saying, regardless of what the president did, thats not an impeachable offense. He will offer the opening salvo to an argument. Saying the president didnt commit a crime. Take a listen. They came up with abuse of power. Theres debate on that, i should say. Yeah. The reason they came up with those, they could not, honestly, get a majority to charge bribery, treason or high crews. They went back to obstruction and abuse and those do not fit the constitutional criteria. Unfortunately, this seems to be more of a political or policy differences than actually a high crime and misdemeanor as the constitution requires. This is the first time in history where a president has been impeached for a noncrime for events that never occurred. Abuse of power is so poorly defined here, i dont know how president s in the future can conform their conduct. Its the first impeachment in history where theres no allegation of a crime by the president. So, russ, how effective do you think this argument is . Yeah, so it depends what were talking about. I think the president is not worried about actually being removed from office. I think whats happening now is that the president and his defenders are playing to the base. Identify defended impeachments and start often with the notion of a crime, given how many crimes there are. It is overwhelmingly likely that something that is so terrible as to warrant impeachment removal would also be a crime. At the same time, i also acknowledge that it need not be a crime. If its not a crime, you have to ask yourself why. Alan dershowitz is saying this notion of abuse of power is there because there is no crime. Focusing on whether or not its a crime or not a crime misses the point. Is it so egregious that you need to remove the president from office, thats the issue. Jewulian, house managers for the democrats were and have been meeting behind closed doors and other doctors have been pushing for witnesses to testify. Arguing it is really the only way to guarantee a fair trial. Is the momentum there to get enough republicans to see it the same way, that if you want an impartial trial that you have to include witnesses and new evidence . Enough republicans might be possible. Weve seen some shifts sns the parnes interviews came out and how this all worked and how decisions with ukraine happened. Several republicans, such as senator murkowski have said theyre open to witnesses. Even though we tend to say that partisanship will never allow republicans to buckle at all, there are some indications that witnesses are not off the table. It depends on the news and revelations that come out in the next few days. This is a dynamic story were following. The white house has been pushing the senate to allow the president s legal team to introduce a resolution to dismiss the charges all together. Lindsey graham today says he doesnt believe the support for that is there. What is at stake if there were a notion to dismiss the trial . In the clinton impeachment trial there was a provision allowing for motion to dismiss. Motion to dismiss was filed. It was voted on and it failed. The outcome of this trial, because its pretty much preordained that the president is going to be acquitted, the outcome of the trial is not going to be reliable unless it is a full trial, theres lots of witnesses, which they know is very unlikely to happen. And the less it looks like that, the more the democrats, i think, believe they have to make that argument. In other words, if the whole case is dismissed early on, the democrats will be able to say this is not a fair trial, the result, the acquittal, is not legitimate. I think its unlikely to see witness or a lot of witnesses. That will also enable the democrats to say look, the impeachment was valid. The acquittal, theyll say, isnt. Thanks to both of you. Appreciate it. Good to be with you. Breaking news out of hawaii. Possible active shooter and home burning. Firefighters are still trying to get the flames under control at this hour and reports that two officers are dead. Well go to the scene in a moment. You know im not sure. Whos peter samuel . Daddy . Yeah . Whos peter . Well sweetie, hes your greatgreat grandfather. Does he look like me . Yeah. Yeah . Yeah. Turn questions youve always had into stories you cant wait to share; with ancestry. Welcome back. This breaking news out of hawaii where the fbi is responding to a possible active shoot iing in diamond head near Waikiki Beach on the island of oahu. Two Police Officers are dead, according to our affiliates on the ground. Cnn cannot yet confirm that reporting. Alex field has been monitoring this story. Alex . You can see a Police Presence on the ground right now. As you point out, they are responding to an active shooter investigation, meaning they have not yet contained the shooter, at least not at the last update. Several streets have been shut down. Shots rang out in a residential neighborhood at the base of diamondhead, not far from touristy Waikiki Beach. Heavy flames appear to be pouring out of a house in that neighborhood. Whats not clear is what led officers to respond to that neighborhood. Two officer deaths have been reported. Cnn has not been able to independently confirm. We are waiting for Law Enforcement to confirm. Fbi special agent also with us. James, theres so many questions because we dont know what preceded this house fire, why guns went off, who targeted police. What questions do you have that might piece some of this together . Fred, ive been watching the same file footage weve seen on cnn as well as the still photographs that the star advertiser posted. It does not appear this was proactive Law Enforcement, meaning this was a preplanned raid or operation. This looks like this was a response. For Police Officers in this area of the world, which is oahu, a place just north of diamondhead, its the same thing. Its being reactive. Meaning something happens, you get a call for assistance. You get a call for help and you have to respond to it. And youre in a news or information vacuum. We know that there were two officers injured. We were hearing reports maybe two had been killed. Weve only lost one officer to date. Unfortunately, this reverts to the mean. It looks like this could be a tough and fatal situation for Law Enforcement. Yes, its terribly sad. James gagliano, alexandra field, thank you so much. Youre welcome. Still to come, the duke and duchess of sussex brokered an unprecedented deal with the queen. Is this the royal exit they had in mind . 12. 99 all you can eat now with boneless wings. Only at applebees. Buckingham palace says theres an agreement in place. They will no longer use the titles his and her royal highness, will work with their causes but not officially represent the queen as doing so. Theyll still be known as the duke and duchess of sussex and spend much of their time in north america. A royal historian, and teaches at the university of london. Good to see you, kate. Wow this is something else. What is this arrangement, do you think, doing to the royal family . Good question, because weve been on tender hooks, this story, for nearly a fortnight now, has kept the uk absolutely galvanized. Everyone has been fascinated by it on all the front pages. Now here is the resolution. When harry and meghan made their initial statement, it did seem very much as if they were aiming to have a half in, half out, some support to the queen, some private work. This Statement Issued last night in the moving toward the evening here in the uk really made it crystal clear, theres no half in, half out. They are pretty much completely out. They can do their private patronages but are no longer using their titles even though they still possess them, harry will no longer have his military appointments, very important to him, and they will simply not be doing any royal tours. If they come to any royal engagements, theyll be there as personal members of the family, not as working members of the royal family. This is a big moment for the royal family and its a change. What theyre saying here is that we cant be like the europeans. We cant be half in, half out. And that, i think, is you know, its a big question for the future. The sacrifices that the royal family demands, the goldfish bowl, scrutiny, are they too much . Increasingly, if you have to be in there all the time, those people are going to struggle, i think, in the future. Its a big question for the future of the royal family and the change it embarks upon. The couple has been pushing for this Financial Independence. Is there a feeling that they will be able to afford, you know, their lifestyle . Theyll be living in canada. Theyll be visiting or perhaps living a little bit in the uk as well and then theres talk of possibly, you know, living in the United States. All of that is going to cost a whole lot of money. Their Financial Independence will be able to carry that . You are so right. This is a big question thats going to cost a lot of money. They are financially wealthy themselves. Money came in from they both ma meghans acting career, prince harry inherited money. Theyll uphold the values of the queen. We dont expect them to be endorsing pizzas but will need a huge amount of money, charitable foundation. Well see them really doing what prime ministers do, president s do. And theyll be going on tour. Theyll be doing, you know, speaking engagements. Thats where theyll get their money from. But certainly theyve got a lot of offers, tv produce iing. They have done tv producing before with oprah. Lets see what they do. This is a question now, how are they going to make it work in between what the royal family should do and basically how he should earn money. Harry has always found it confining and difficult, fredricka. Even before meghan. Even before meghan. Long before meghan. The only place he was happy was the army. But his position in afghanistan was exposed. Had to go. You know, its really been tough for him. As a consequence, i think, this is freedom that he wants. Its just a shame because they were this is its just a shame. Yeah. Youre saying its a shame because you immediately think of the dynamic between the brothers . I think of the dynamic between the brothers but i also think that harry and meghan really wanted full roles here in the uk, as royals. And in less than two years after the royal wedding, they really have been chased out. And i think, you know, the british needs to have a hard look at itself about the racism and treatment by the press. The queen addressed that and said she saw and understood the scrutiny. They took control. They took control. Meghan and harry have suffered a lot. You know, we thought we learned after diana that when you marry into the royal family you do get treated badly but meghan, it was unprecedented. Its a real shame, i think, that these two young people who had so much to give to the royal family, they have star power, theyre superstars. They really attracted a huge new demographic for the royal family. Now without them, the royal family well, it looks a bit stale. Interesting. Kate. Kate williams, thank you so much. Appreciate it. Thank you, fred recognirickf. Ahead of tomorrows gun rally in virginia. T for me. But i also want great taste. So i drink boost for women. New boost women with key nutrients to help support thyroid, bone, hair and skin health. All with great taste. New boost women. All with great taste. But she wanted to be close to nature. Home. So, we met in the middle. Ohhhhh look who just woke up you are so cute but one thing we could both agree on was getting geico to help with homeowners insurance. Yeah, it was really easy and we saved a bunch of money. Oh, you got it. You are such a smart bear call geico and see how easy saving on homeowners and condo insurance can be. Ahead of big scheduled gun rights rally tomorrow. A temporary weapons ban is in place on State Capitol grounds amid threats of violence. They hope to avoid a deadly rally like in charlottesville. Police say three who have been arrested planned to incite violence at that rally. Joining me now tim wise, antiracism activist and author of several books including dear white america. Riva, you first. They say the rally has nothing to do with dr. Martin luther king jr. Holiday but it happens to fall on the holiday honoring the civil rights icon. Dont you need a permit and wouldnt the holiday have been taken into consideration . Yea