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is clearly illegal, and all the people who are finding this indictment cathartic this week with, i think, should think about whether it will be as cathartic if one of these jurors in d.c. says, well, it seems to me that trump actually believed this stuff. or if trump gets convicted and loses the election and then it gets thrown out on appeal at the supreme court and the supreme court says these laws do not cover this conduct, if you think people are upset about a stolen election right now, wait until that happens. paul: dan, what is trump's best legal defense here? >> i think his best legal defense is pretty much as his attorneys have suggested, that he was exercising his right to free speech especially because the special counsel, jack smith, acknowledges that. and that's a very strong precedent that, you know, politicians are allowed to say a lot of the things kim was suggesting and that it's a

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CNN Newsroom Live

states, canada and all around the world. i'm kimbrough hoover ahead on cnn newsroom and air national guardsman is expected in court today. arrested in the pentagon documents leak case running some to ask or too many people able to see intelligence information. question of access to an abortion pill in the u. s. is headed to the supreme court and the search for life beyond our planet why scientists are turning towards jupiter in the hunt. zain from cnn center. this is cnn newsroom with kim bruun hoover. and we begin with the damaging leaks of highly classified pentagon documents that have the u. s and its allies rattled 21 year old massachusetts air national guardsman jack teixeira is expected to make his first appearance in court in the hours ahead. the fbi arrested two sheriff thursday in connection with that case, the air force says he was a cyber transport systems journeymen among those responsible for the military's global communications network. u

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CNN Newsroom Live

written it, the trump appointees ruling has been significantly watered down by the fifth circuit, leaving fda approval in place and it may be completely put on hold. if the supreme court decides to pause the entire ruling while the appeals process plays out, but in the meantime, some democratic members of congress are already talking about measures they might have to take to protect access to abortion if it doesn't get overturned by a court that i think it's going to be on congress to act, and i think we're going to have to do that. now, the justice department still needs to file its motion to the supreme court and the supreme court would need to step in before midnight on friday. in the meantime, washington federal judge is doubling down on his ruling from last week. week. saying that under his order, the fda must not change any of the rules surrounding mifepristone in 17 states, plus dc, which, of course, will likely lead to even more confusion in how this will all play out in the coming days. jessica schneider, cnn washington still had a historic amount of rain leads to a flood

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Alex Wagner Tonight

question, on the supreme court question there is a lot of news about clarence thomas and his, you know, dealings with harlan crow, a wealthy donor. a lot of people have very negative opinions of this court. against that backdrop do you think that -- i mean do you think that clarence thomas scandal because that's what i think it is, will affect the way justice roberts -- chief justice roberts might vote here? because they're aware of the hit reputationaly the court has taken. the sort of tenuous standing it has right now with the american public were they to not throw this case out on standing it would further erode public confidence in the court i think from a vast number of americans >> they're certainly aware of the issue of sort of the institutional credibility being at stake but you have to remember, like, this is a group of bodies as an institution that considers itself insulated from the rest

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Alex Wagner Tonight

of the -- >> oh, they sure do. >> whether or not that's a realistic view or not i think you can take issue with. they certainly do not see themselves as subject to the same rules they do not have an ethics code for a reason unless they can figure out the political will to get some sort of new bill passed, that's not going to be on the table for this court and so sure justice roberts can look at this and say i don't know if this is great for public confidence, but you haven't heard a peep out of him on this issue at all i was surprised to actually see clarence thomas issue a statement last week in relation to that first report about all the yachts and all the different gifts and all of that. but this is not typically something at least publicly they are bothered by. >> yes i'm just wondering if it has a trickle down effect in terms of what they may or may not do to strike the ire and will of the american public. laura jarrett, thank you as

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Alex Wagner Tonight

number of things for a number of reasons for people who are advocates for folks having reproductive choice. >> well, the language in the opinion is striking especially as it relates to standing, which is the legal right to sue in court. and on that score the fifth circuit panel, two trump appointees and a george bush appointee pound for pound this case is brought by advocacy groups and four doctors. it's not brought by women who say they were harmed by mifepristone or doctors who say they prescribed mifepristone but doctors who say when they were in the emergency room they came across women who had bad effects and therefore at some point in the future may encounter some woman -- so that typically is seen as quite speculative. instead the fifth circuit has said that's just fine, and that's a view of standing that perhaps -- we don't know -- but

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Alex Wagner Tonight

originating in texas late last night a three judge panel on the fifth circuit court of appeals made a decision that restricts the availability of mifepristone, one of the pills used in medication abortion. it's not allowing it to be entirely thrown out but rolling back recent changes the fda made to the drug's access in effect patients will no longer be able to get mifepristone to the mail they'll have to make multiple in-person doctor visits instead. and they only have up to seven weeks to access mifepristone, which is three weeks less than before and, again, that's before some people, maybe many people know they're even pregnant. earlier today the justice department promised to take the fight over mifepristone all the way to the supreme court but unless the court weighs in soon, this thursday, the major restrictions on abortion medications will go into effect this friday as tomorrow turns into saturday. in the meantime a different

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Alex Wagner Tonight

perhaps this supreme court may decide may work for them we don't know. >> we do have a court who's ruled on abortion and know where they stand ideologically >> jurisprudence wise this might bother them. >> what is being proposed here legally is like really out of the ordinary, and for the fifth circuit not to just toss this uton the standing alone i think is a big shocker and if you are, well, setting aside the people that are at the heart of this, for example, a drug manufacturer, you're like what does it mean to get a drug approved in the united states of america in the year 2023, right? >> and it's why you see all these pharmaceutical companies, literally hundreds of them who have no relation to mifepristone whatsoever coming out in full force against the original texas decision because they're so disturbed about what precedent it sets for every single drug across the entire country for all-time

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Alex Wagner Tonight

now, whether or not like that's the type of thing a court is taking into account, i don't know but you know who's taking it into account is lawmakers. there was a flurry of amicus briefs if you look at the briefs filed by lawmakers it's over 240 democrats signing on saying block this texas ruling. guess how many republican lawmakers signed onto that, less than 70 which shows you for positionally this falls. and the fault lines are very interesting for both the political side of this and the legal side >> i've got to say we've got to remind people at the beginning of this block we're talking about ron desantis on the verge of signing into effect in florida a six-week abortion ban. it's very clear it's optically, politically, strategically bad for republicans, but they're full steam ahead on it it hasn't had the intended chilling effect it should if you care about the future of your party and i mean to say nothing of, you know, the freedoms of the american public. i do wonder on the scotus

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Alex Wagner Tonight

federal judge in washington state today is telling the fda to do exactly the opposite of all this, reerating an order he issued last week the judge told the fda to make absolutely no changes to the availability of mifepristone at least in the 17 states involved in the lawsuit before his court so what does the fda do with all this, and when should we expect scotus to weigh in joining us now with a person with all the answers, nbc news senior legal correspondent laura jarrett. laura, i need you in this hour first, help me understand what happens. two judges, different states, one in washington, one in texas saying the opposite thing. how does this get resolved >> normally it would go to the supreme court and the supreme court would have something to say to the lower courts to give some guidance about how to reconcile that conflict. only thing is the case does not live in the supreme court just yet because the justice department hasn't actually submitted their brief and neither has the pill manufacturer now, we could expect it any

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