>> denies the allegations of wrongdoing and any responsibility for navalny is death the kremlin. meanwhile, western ambassadors have been remembering the loss of another russian opposition leader, not the valley, but boris nemtsov gun down here back in 2015, the kremlin denies any involvement in this killing two but anyone what aaron it's still unclear tonight where in moscow exactly alexei navalny will be varied. the funeral service is being held at a church in the area of the russian capital where the late opposite session leader lived. but the valleys team say that under pressure now to move the burial to a different more private cemetery where the general public can be more easily kept away. aaron, back to you. >> matthew. thank you very much. and thanks to all of you

for being with us as always ac3 60 starts now tonight on 360, the supreme court agrees to decide whether donald trump is immune from prosecution for >> election subversion and throws into chaos the timeline of a criminal trial also tonight, new evidence. the former president cannot raise the money to pay new york's 450 plus million dollars civil judgment against him evidenced supplied by his own legal team. how hard up he is. and later the results of president biden's annual checkup, the questions it answers, and those it doesn't. good evening. thanks for joining us. we begin a very busy night at the supreme court, where about two months from now, nine men and women will hear arguments about whether president should enjoy total criminal immunity for their acts while in office. perhaps even up to and including as appeals court judge, florence pan got trump, attorney john sauer to concede, ordering navy seals to murder a political rival. now that notion, the need for total immunity is at the heart of the former president's appeal,

which the high court today agreed to take up, goes to a question as old as the country are presidents above the law? oral arguments are set for the week of april 22. the court's decision could then come by june and even if it goes against mr. trump his january 6 trial is on hold until then. we'll be joined shortly by constitutional scholar laurence tribe. but first cnn chief legal affairs correspondent paula reid. so what does this move by the court mean for the foreign president and for jack smith? >> well i and speaking with sources on trump's legal team, they're still not confident they're going to win on the merits of this issue of absolute presidential immunity. but they know they are winning on their larger strategy to delay, delay, delay these federal cases until after the election. if trump is reelected, he can have as attorney general dismissed jack smith, and these cases. so great news. it's for him. but this is a considerable blow for the special counsel, jack smith. this is a second time the supreme court has rejected his pleas to just weigh in and quickly resolve this question

of immunity so he can move along with his case. as you noted, these oral arguments or not until april 20 seconds we expect we probably won't get a decision until late june soon the judge overseeing the federal election subversion case has said she would want to give the two sides two months to prepare for trial, pushes it into the late summer, anderson and just makes it not impossible, but much less likely that this trial will go before november. >> so the oral arguments set for the week of april, 20 seconds. how does that schedule fit with the foreign president? is there are legal proceedings. >> anderson, i'm going to need the help of our handy calendar graphic to go through all of this. it is so complicated. >> we know >> the first criminal trial that trump is expected to face is in late march. he begins on march 25th. that is the so-called hush money case. the district attorney, though frames this as an election interfere appearance case. they argue that the hush money trump paid to former adult film star stormy daniels ahead of the 2016 election was meant to interfere without election to influence it. now, that trial is expected to go until maybe

early may. and then you see the classified documents case is on the calendar. i'll tell you, julie penciled in for late may and tamar, i leave for florida because the judge overseeing that case, it's actually holding a scheduling hearing on friday. anderson, it is widely expected that she will delay that case. the question is, will it be delayed once will be delayed multiple times. will it go before november? it's an open question. then you see, of course the political events, but the fulton county case is scheduled for august. that's when fani willis previously said she wanted to bring that case again, a state case, also a case that's outside the pardon power. but right now, these efforts to disqualify willis are likely going to delay those proceedings. so it's really a wild-card down there in georgia, if any cases will start in august and if they do anderson, they're expected to go on for months it's unclear if trump will be tried. so right now, the only thing we know for sure is that trump is currently expected to face his first criminal trial in manhattan, starting in just a few weeks, or paul reid, thanks very much. former

federal prosecutor and bestselling supreme court biographer, jeffrey toobin joins us, also, cnn senior legal analyst elie honig. and cnn's kaitlan collins, who anchors the source at the top of the next hour or jefferson is a victory for donald trump. >> big a, big, a big victory, you know, one of the things you learn in law school is that sometimes procedure is even more important than substance. and i still think it's very likely that donald trump is going to lose this case on the merits. >> but >> if he didn't, court would rule against the supreme court will say he does not have immunity for all his actions as president. >> but >> if they say that at the end of june, which is the likely calendar at this point that will make it almost impossible, not entirely out of the question, but almost impossible for this trial to go forward before for the end of before the election. and that's what trump mourns, wants more than anything. >> they could have just decided not to weigh in on this and defer to the appeals process, and they could have if they had done that. judge chutkan in washington could have started this week in doing the pretrial

proceedings that could get the case he's going in plenty of time before the election, but they didn't do that. and that's why it's a big win for trump. >> so elie, i mean, oral arguments april 22. what does that say about the court's view of the urgency of this? >> i think there's a lot of frustration out there from people who see this and say, oh wow, now donald trump, in all likelihood, not impossible, but in all likelihood will not be tried before the election. but one of the light lessons i take away from this is this supreme court doesn't care about that. they don't share jack smith's sense of urgency. and i think there's a couple of ways you can look at this decision to take the case. there is a way to look at and say, well, they've they've done donald trump a great favor, which certainly they have in the outcome. but there's also some truth to this this is a classic case that the us supreme court would take. i agree with jeff. i think they're going to rule against donald trump, but this is an unknown issue. we've never had a ruling from supreme court directly on the question of criminal immunity. it goes to the heart of executive powers, of separation of powers. so as jack smith himself argued to the court two months ago, this is a paradigmatic at a case, a

classic case that the supreme court would and should take. so jeff, would there still be timed to hold a trial? i mean, if they ruled at the end of june it depends. i mean, it's very it's very >> hard to know at this point. i mean, let's just work the schedule forward. end of june decision the judge has already said there, too months of pretrial police proceedings, at least that are necessary, that takes you approximately up to labor day could you start a trial at labor day when it's one of the defendants is a candidate for president the justice department has a policy that says the justice department should not interfere, should not take action on the eve of an election that this is came up in the james comey situation. >> unclear if that applies to a >> judge scheduling a trial, and whether merrick garland will instruct jack smith not to proceed because of this policy, you think that i think it's going to be very if i think doj

is still going to try to get this case and i think as soon as the case comes down for the supreme court, they're going to say started in august, start it whenever you need. but important to understand. there's going to be, there's always a tug of war. prosecutors, defense lawyers prosecutors usually want a quicker trial. defense lawyers want to push it back. it's up to judge chutkan. she will be the one to decide. am i willing to start a case late summer, >> kaitlan, what reaction have you been hearing from the form of prose and salah's they're overjoyed tonight. i mean, they view this as a huge win for them. they don't think that they're going to win on the merits of this, but would this decision just to review this, what the ruling from the appeals court here that trump does not enjoy blanket immunity as president we just taking that up helps them achieve their strategy here, anderson, which was to delay all of the trials, but specifically this one which they were incredibly concerned about. and now they have succeeded potentially with this. and you know, elie saying it is up to judge chutkan. of course it is, but you have to look at the legal landscape here. and that's what trump's team is doing because of course we it's also got the

classified documents case and florida that's still has to be scheduled. and if it gets pushed and that is something that's happening when this june decision comes out from the supreme court, then the trump team does not believe that this january 6 case is going to go forward because they believe it's going to be too late. they can't just restart that trial immediately in june once the supreme court decision comes out, and i think that's a really pivotal moment here could be a pivotal moment in this election. and of course may remind you this election case was supposed to go to trial starting next week here in washington. now it is an open question of whether it ever goes to trial. it all. >> jeff, i want to play the now infamous clip from the dc appeals court hearing last month, one of trump's lawyers here is argued that he could have seal team six kilo political opponent and it seems we're having problem with that. so anyway, never what they say. yeah. he basically was asked, could a president order seal team six to assassinate a political rival? and then the person said that's an official

act in order just no way they went on. >> but but that's why i think this case could have been disposed of with just denying crt and let the case proceed. >> this is an easy case. yes, it's a profound issue, but this is an easy case that the dc circuit, i think demolished to all the arguments against against the trump made. and this is why i think it is a frustrating decision because it means that there's going to be delay to what seems like an inevitable conclusion that trump does not have this immunity is also now we're in a situation where the trial that is going you're forward is the one that's always been considered a kind of the weakest, the thinness grewal of the bunch, the alvin bragg, it's true and that one is going to happen. i mean, that case is going to start picking their jury on march 20, but yes. i mean, our political experts can talk about if that's an ideal scenario, but this is the way it's played out. and by the way some blame in here has to be

laid at the feet of the justice department because it took doj two-and-a-half-plus years, almost 2.3 quarters years to indict this case the indictment came down august of 2023, and they left themselves with a year and change between now and trial. and by the way you can see this immunity issue coming the moment that indictment dropped, that had to cause delay. so yes, the supreme court has allowed this to get carried on, but but doj bears some fall here kaitlan with the foreign president's team, relish the idea of him being on trial during the convention or during the fall. i mean, would that play into their narrative? >> i think it depends on which case it is. i mean, it would it would play into their narrative in the sense of they're arguing that he is being politically persecuted, which of course we know that these cases were brought long before the election. it's just the sense of how long it's taken and the way that they've sought to delay them. but when it comes to which ones they fear the most the election case is certainly up they're the classified documents case. they've seemed to grow more confident about. i mean, that's just there speculation that doesn't really actually

mean what it will bear on the case and what that will actually look like. but it would help them make their argument. but i think it's actually the alvin bragg case that you just mentioned there that is going to be something that they're pointing to and given it is one of the weaker ones you look at all of these and just what the allegations at the heart of the prosecutions are, they believe that one will be more effective in helping boost him. and every time he's been indicted, other republicans and former challengers of his, like ron desantis will say it only has boosted him. they believe that that case in new york is only going to help boost him. it is a novel hello, legal theory that at the heart of it. so that is something that could be helpful. i don't think that they believe that the january 6 case, if he's actually on trial for that before the election, would be helpful to them. >> so he might win that case, right? i mean, imagine what a gift that would be if he not only is on trial, but gets acquitted. >> right. and that's the only case goes before the election. elie honig. thank you. kaitlan collins, caitlin has guest on

the 09:00 or republican senator mitt romney, look forward to that. jeff toobin is gonna be back shortly joining us now, constitutional scholar, supreme court litigator, harvard law school professor laurence tribe. so professor tribe, why do you think the supreme court decided to take this up instead of just letting the appeals court ruling stand >> well, i think both eli and jeff are right that the supreme court sees that because a very fundamental issue the question, isn't why did they decide to take it up? but why didn't they take it up in december? there's nothing new under the sun here fact is if they shared the view that it matters to get this case tried and to get it to verdict one way or another to an acquittal or to a conviction before the election so that the american people are aware of who they're voting for? are they voting for someone who committed the serious crimes that are alleged here or not? if they share that sense that there's an imperative public necessity,

they could have decided to leapfrog the court of appeals grant certiorari back in december. even now, having decided to take the case, it's obvious that the dynamic within the court is leaning very heavily pro trump, because although everyone seems to agree that if the end of the day the court is not going to say that former presidents have absolute immunity from any criminal prosecution for anything they might do while in office we all know the end of the story so why the delay >> as long as they did to issue >> this order is amazing. allowing months to last before they hear argument is even crazier. we now know that the odds of this case reaching a verdict before the election are very low. >> so this >> case really gives the gives the meaning to the phrase, justice delayed is justice

denied? whichever side of this issue you're on. >> it's >> crazy that the court processed it this way. it doesn't suggest go ahead. is it >> possible that the supreme court, i mean, i know they do things the way they do things and they have their own timetable. but i mean, could they if they wanted to if enough of them wanted to speed it up? >> with no question >> just remember bush v. gore when the state of florida wanted to keep counting ballots, they handled everything in a matter of weeks, not months. and between the final decision that they reviewed and the oral argument, there were only a few days in between the oral argument and the decision. there was only one day >> it doesn't make >> any sense to stretch this out this way >> just >> the fact that they are waiting two months when all the issues have been teed up, where everyone knows how story ends is disgraceful, frankly. and the way they phrased the

question presented is scary and its implications. instead of asking whether a former president has absolute immunity from criminal prosecution for trying to prevent the next president from taking off office. narrow question. the only question they had to decide, they put the broadest possible question whether and to what extent does the former president have immunity for acts alleged to be within the reach of his office well, trump alleges that everything is within the reach of his office jack smith alleges the opposite >> right now. it looks like they could decide that broad abstract question and then send it back to the court of appeals for a further decision. applying their new criteria on whether that immunity, whatever it is, and there's not going to be much extends to what was

charged in this case. that is a formula for having this case never decided. especially if donald trump wins and gets it dismissed. so this is not the way a court that wants to preserve the rule of law and wants to satisfy the public need for an answer to whether donald trump was guilty of trying to overturn the election criminally. so the way according realizes the importance of that issue would have foreseen who who on the court just makes this decision. i mean, is this supreme court justice who decides what the timing of gender it would take five >> and this >> case, the five would surely have to include the chief justice. i don't think that they could get five votes without him it's possible that gorsuch and or kavanaugh and barrett were part of this group. but what we do know is

that there are some justices who are not interested in seeing this resolved one way or another before the election. that much we can sure you can also be sure because they obviously struggled over the formulation of what question the parties should argue. we can be sure that they want to use this case to settle a whole broad range of issues, contrary to their suppose practice of deciding more than you bus decide. in fact, the chief justice once famously said, if we don't have to decide something, that means we have to avoid deciding. he's obviously violated that mandate here. and they're struggled with in the court results in injustice for the nation >> orange stripe. thank you for your time >> thanks, anderson. because >> next to congressman way in one who served as democratic counsel in the first trump impeachment. the other former constitutional law professor and later yet another bizarre

twist and the legal uproar surrounding georgia's election subversion case against the former president and the effort to get the district attorney taken off the case, how this different person on the witness and waffled and surprise the defense will be right back >> start your day with nature me. >> the number one >> pharmacist recommended vitamin supplement brands. >> you always got your mind on the >> green mat. you you, your business bank account with quickbooks 20 now words 5% apy >> that's how you business differently. >> intuit quickbooks some, migraine attacks catch you off guard. but for me, a stressful day can trigger migraine attacks too. that's why my go-to is nurtac ott. it's the only migraine medication that can treat and prevent my attack

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now in its called poppy. >> this source with kaitlan collins tonight at nine moments >> ago, liz cheney tweeted about the supreme court's decision to hear the former president's claims of immunity. the former republican congresswoman and vice chair of the january 6 committee said, quote, delaying the january 6 trials suppresses critical well evidence that americans deserve to hear. donald trump attempted to overturn the election and seize power. our justice system must be able to bring him to trial before the next elections. scotus should decide this case promptly reaction now from two democratic members of congress who played key roles during the impeachment. the impeachments of the former president congressman dan goldman and jamie raskin. congressman raskin firstly, your reaction to the supreme court taking this up and the timing of what this actually means >> well, i reacted very similarly to my friend liz cheney the people have a right to know what happened. and i think the supreme court, which is lops sided with

gerrymandered right-wing appointments, is really slowing things down here the dc circuit court opinion was perfectly clear in totally compelling in saying that there was no basis at all to donald trump's fraudulent claim that a president is absolutely immune to a criminal prosecution for criminal acts undertaken allegedly in pursuit of his office, unless he's first impeached and convicted in the senate, which of course has never happened in american history. and so that is the claim of an entitlement to roi to be a king to be a dictator. and so it's very dangerous. i hope that the supreme court now having taken up the case, will follow the unanimous bipartisan ruling coming out of the dc circuit, and we'll find that there is no such immunity built in the constitution on the contrary, it's totally

antithetical to the idea that nobody is above the law and the president's job is to take care that laws are faithfully executed, not to violate the laws by doing things like assassinating his political opponents, which his lawyers hypothesized he could do, but comes from goldman, i mean, even if they do rule that way, as it seems they very well might doesn't this? isn't this just a clear victory for the former president and his attempts to delay and delay and delay >> well, it certainly will delay some, but i'm not in the camp that believes this will necessarily delay the trial until after the election. this opinion will come down by the end of june and the district court judge has indicated that she will be ready to move very quickly. there could be a trial ended july, august that would be before the election. my concern though, is similar to what professor tribe said, which is the way that they reformulated and rafat shouldn't the question

presented takes it away from the specific facts of this case and broadens the question to a question of law. >> and >> if they decide that they are going to say, for example, that no a president is not absolutely immune from official acts they could send it back down to the district court or the court of appeals to say, you need to make a finding as to whether or not this is an official act that he did because the courts said to this point, tried to avoid that question and just say, of course he doesn't have immunity. but the way the supreme court has teetered on may actually cause there to be further litigation, which of course would push it well past the november election congressman raskin, do you think that's a very real possibility as well >> yeah. i mean, this supreme court could take it in several

different directions here i mean, it could do just what the dc circuit said, which is that the claim of immunity is ludicrous and totally up but said our constitutional design or it could say, well, in certain cases you might have it in other cases you wouldn't. they might say it's clearly not available in pursuance of a criminal design they might be seeking further fact-finding on those questions and further rulings by the dc circuit, which of course would slow the whole thing down. so the best scenario would be one simply saying what the dc circuit said, which is president trump is now citizen trump. and you might have some temporary civil immunity for being dragged into court on particular things to accommodate your schedule as president. but once you're out, you don't have immunity for actual criminal conduct that

took place while you were in office, totally outside the scope of your duty. but look, we saw the supreme court act quickly in bush versus gore when they they want to move, they can move and they can make things happen in a matter of days. and so i would like to see some bush v. gore style speed here to get to their ruling so we can actually see that justice go forth. >> but they're certainly on the court don't necessarily i mean, clarence thomas's wife was involved in the so-called stop the steal rallies >> well, there is that problem and we've seen this court follow trump's bidding in dismantling roe versus wade and a half century of privacy jurisprudence in order to dismantle abortion rights. so obviously we can't put all of our hopes in the supreme court. the people need to be engaged

in aroused at this point to demand that there'll be justice, but also to be organizing the election. everybody needs to be vigilant. congressman goldman. do you think the justice department dropped the ball and not pursuing this case sooner >> i think they should have started investigating the trump and his associates for the charge of conspiring to overturn the election before they did, they focused initially on the actual rioters who were violent and potential continuing dangerous. part of it may have been resource issues, but i was one of the early ones calling for them to start that investigation long before they did. and i will say that is part of the problem here because yes, the supreme court could have and should move faster i don't quite understand why they waited so long, even just to rule to set

this schedule. professor tribe pointed out they could have taken it directly in december, but even if they weren't going to do that, they waited several weeks. but it it wouldn't be in this situation if the department of justice had moved quicker to investigate this case, congressman goldman, congressman raskin, thank you very much. appreciate it coming up next, the former president tries to play part of the deal on his $450 million fraud judgment and what a judge set to that today? >> when you're the leader, disaster clean up and restoration, how do you make like an ever even happened happened? rep. there's a pro for that surf pro, like it

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to bring homebuilding costs down." and the chronicle praises "her ideas to end soft corruption in politics." let's shake up the senate. with democrat katie porter. i'm katie porter and i approve this message. by. granger for the ones who get it done >> the greatest stage in a while they told about for a lifetime regrow, the champions have tvs before the supreme court agreed to take up his presidential immunity claim. the big story was something rather remarkable. donald john trump essentially saying, i don't have the cash, i've claimed to have suggesting in the new york appeals court filing, he doesn't have have the cash to pay his $454 million civil fraud judgment and can't get anyone to lend him the full amount offering instead, to put up $100 million bond and warning what would happen if he has to pay more, quoting now from his filing quote, in the absence of a stay

on the terms here and outlined properties would likely need to be sold to raise capital under exigent circumstances exigent circumstances, in other words, or a fire sale, the appeals judge quickly said no deal to any delay in collecting the full amount did put another part of the judgment, though on hold that was the provision barring trump from dealing with new york banks in any case, it is a big come down certainly for the man who never refused to chance, including under oath, to say how much money he had believed that we have substantially in excess of 400 million cash, which is a lot for a developer now, here's the goodness >> i'm very rich. i started off with $1,000,000 loan. i built a network of over $10 billion. i would say that i'm worth more than $5 billion. >> i'm very rich. hey, i'm >> richard, the money you're talking about is a lot, but it's peanuts for me. >> i have a lot of money. i have a lot of money. i have many, many companies, hundreds and hundreds of transactions and many, many, many deals. lot

of cash and very little debt, great assets, low debt, great cash. fortunately, i'm very rich, diverse has said that will if i ever sold them, but don't want to sell any of them. but if i ever sold above ever put some of these things up for sale, i get numbers that we're were staggering on jeff toobin. >> his vaccine is kara scannell joins us along with investigative journalist trump, biographer and syracuse university law lecture, david cay johnston, security. you just walk us through what this means for the former president he has come up with the money now that's what this judge decided. he tried to get it lower to $100 million. that was an accepted. so he basically it's two options. he can either post cash of $454 million or he can try to get a bond, but his lawyer said that to get a bond, he'll actually have to raise $550 million or more because does the ban people, they want 120% of the judgment and also they want caches. the judgment, not property. so he's going to have to get this money some way or another, and that's why it's

the importance of that band being lifted on getting alone. >> so even if if he was to get a bond, he would have to sell stuff to get that money for the bond >> or because the judge lifted this ban and i'm going to a bank, he can try to get alone off of some of the collaterally has some of the properties tried to get money off of that, but that's going to come with its own challenges too, because major banks have not done business with him for decades, deutsche bank, which was his big go-to lender, stopped doing business with him after january 6. so he's going to have to now look for a lot of baby, go to saudi arabia and ask for money. >> i mean, he could there's no restriction on that and that is a big question because as the front runner for the republican party to take money from a foreign government would be something. but this is the conundrum here, jeff, i mean, this is a blow, right? >> and and the interest keeps going $100,000 a day. this number is going up, plus he has the $80 million judgment

against him from e. jean carroll that he's got to go through the same process with, and he has even started there. i mean, he he he raised 5 million for the initial damage judgment, but the big damage, the punitive damages, he hasn't even said how he's going to raise that money. i think if he doesn't raise the money, it means that both e jean carroll and the state of new york can go to barbara jones, who was the person running the company and say, you got to start selling stuff because this judgment is in effect. so the supervisor, david, let me bring you in here. the supervisor that they put in that the judge put it on this that jeff just mentioned. she could actually just mandate sales of things sure. >> yes, absolutely once the time period has run, and if trump does not come up with the money and you looked at the two judgments and the overage that's going to be wanted. you're looking at about $600

million maybe more than $600 million. now, of course, if donald really was worth to 10 billion, he claims this wouldn't be a problem, would be an annoyance. instead, it's a crisis because he's not worth anywhere near that and you're sure. i mean, how much do you know how much property has and how much is actually worth? i mean, obviously a lot of the values he has given have been inflated according to the judge. >> well, we know all we know all the properties that he owns, those have all been disclosed in various ways, including when he was president, his financial disclosures statements. >> we >> know that depths on many of these buildings and there are some things he might be able to arrange a deal to get out if, for example, he gets tremendous cash flow from a deal with vornado realty trust which owns what was the bank of america headquarters in san francisco, and a very big building in manhattan he's. a minority partner, i think 30% ownership p might be able to take that cash. but anybody who loans the

money did not old runs the risk that when he loses his appeal as he's likely to do, then he's going to fight collection with them because that's how he does business. >> and what are the next what's the timeline in this case? >> so he's got less than 30 days to put this money out, but he does get another shot at the appeals court. this was one judge today. he will be able to make the same argument to a panel of judges. they set a briefing schedule very quickly all briefs will be due at the middle of next month. we're told a decision expected at the end of march, that is when this payment is going to come do so running in parallel, but he's really racing the clock here and he's going to have to move quickly to get them this money together. >> and what options jeff, if letitia, james does, letitia james have if he doesn't go to go to barbara jones, who is the person in charge and say, look, the company owes this money. this is a debt like the other debt, and we are collecting and it's up to you, barbara jones, who is effectively running the company now to come up with

this money, if you have to sell buildings, cell buildings, if you have to borrow money, borrow money. but we, the state of new york is one. this money owed this money and we are former mob prosecutors or judges. >> she was the head of the organized crime >> it's going to be the weirdest situation for her to be overseeing does she go into the office every day in like donnie juniors there and eric trump and everybody's having coffee. i mean, i think they spent most of their time in florida now, the term family they're not they're not in new york too much, but the one of the things he appeals court did is they basically said to the trump family will give you this 30 days to put this together and then you're thrown out because that is also part of the ruling in the civil case. >> there's going to toobin. thanks so much. david cay johnston as well, coming up next, what the white house physician is saying not saying about president biden's health after his annual physical today as he seeks reelection at age 81 grabbed.

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extreme directv without a satellite dish, are you going to do this thing with my neck just for a bit more breaking news, president biden is quote, a healthy, active, robust, any one year-old male who remains fit to successfully execute the duties of the presidency that is just one line from a six page summary written by the white house physician after the president had his annual physical today. short time later, the nation's oldest sitting president joked with reporters at his doctors, think he looks too young, is health assessment comes at obviously critical time with him facing questions about whether he's physically and mentally capable of serving another four years in the white house. he did not go undergo a cognitive test today because the white house said that doctors didn't find that necessary. that's obviously raising questions joining us. is dr. sanjay gupta our chief medical correspondent, also cnn's political analyst, kate bedingfield, former biden white house communications director sanjay biden's dr. says he continues to be quote, fit for duty, unquote what else does this the president's health summary reveal or not

>> well, you know, it's it's pretty similar to what we saw last year. there wasn't a lot of changes during the interval. the interval history as they call it the biggest thing compared to last year was that he now uses a c cpap machine for sleep apnea you heard of this. it's basically gives you continuous pressure. so you can sleep at night much of the other things that you may see on the screen, there are things that we've known about for some time. he takes a statin medication for cholesterol. he takes a blood thinner because he has atrial fibrillation one of the biggest things i think that they focused a lot on in the six page summary was his his gait, his walking, and the stiffness of his walking. there's about 20 specialists involved in his physical exam today. many of them around this issue of his gaits. so neurologists radiologists, orthopedics, physical therapists and what they concluded and they wrote about this, they said, first of all, we rule out things like a stroke or ms or parkinson's disease this is most likely due to arthritis of the spine.

pretty significant arthritis the spine, but not bad enough where they think it warrants any kind of treatment right now. they say it's about the same as it was last year, but it's obviously very noticeable, which is why i think they spent so much time on it. but that was where a lot of the attention was focused as you point out, anderson, there was no cognitive test that was performed. >> so the president did see a neurologist today, but it's sunday said there was no cognitive they've testers, karine, jean-pierre, the press secretary, said about that today >> the president's dr. he says if you look at what this president, the president who was also the commander achieve, he passes a cognitive test every day every day as he moves from one topic to another topic understanding the granular level of these topics >> so if the president took a cognitive test and did well as the white house is cooler, you're suggesting he would assume that would help dispel the narrative that he's not up

to the job. whereas not taking the test does it fuel that narrative >> well, but remember a cognitive test is usually only administered when a dr. believes there's reason for it. i mean, maybe sanjay can speak to this a little bit, but if if they were to have the president take the cognitive test and critics could say, well, why, why? what was the reason? why did the doctors thinking needed to take i'm going to have test so it's a little bit of a catch-22 there. i think what they were doing is trying to follow the medical guidelines and also be incredibly transparent. i mean, they put out as sanjay was just saying, they put out this report every year, they're very detailed in the way they walk through any issues the president has and so i think by sticking to the medical guidelines, sticking to the recommendation, not voluntarily taking the cognitive test. they're showing in effect that he doesn't need it. >> sanjay. i mean, plenty of people go to their dr. though and say, you know what, i'm i i'm mixing up words here. are there or i'm noticing, i'm

searching for words like i was just searching for words right now as i was talking to you, you know, should i take a test or something? how would a neurologist decide if a patient needs a cognitive test? >> yeah. no, it's a really good question and it's not a just a bright line to say, okay, now you need a cognitive test. now you don't. i mean, despite how long this visit was, a few hours, it's still a relatively short time. it is typically what is the patient saying? what is the family saying as well? have there been any issues of concern and after that, i think the bar is pretty low because the type of tests we're talking about and i don't know if we have an image of this. you may remember this anderson, the montreal cognitive assessment this is the one that president trump to former president trump took a few years ago. >> and you >> if it's up on the screen, but you can see what it's like, numbers and letters connecting that drawing. a three-dimensional cube memory test, drawing a clock. it takes

about 15 minutes or so to do it's pretty simple. and it's a screening test. it's not diagnostic, but screening in the sense that okay. there's something here. let's explore this it's a little bit further, not saying someone has dementia or anything like that, but just more of an indication that we should explore this further you know, it's not an absolute that he doesn't need it. this guy does need it to give you some context. anderson, about 16% of seniors, when they go on for a physical exam they do get a cognitive tests like this. so the most, most people don't. but not an insignificant percentage of people do. >> i take your point about sticking to the medical advice, not taking a cognitive test, but certainly the assumption mentioned family concern. i mean, there's a lot of country concern poll after poll shows, people are concerned about his age i guess the question would be, why not meet that head on and take a test? the eye, it seems like the only answer is if you don't do well, then obviously then that's a big issue.

>> i mean, i think people see him every day. i mean, they see him out there. yes. does he confuse word sometimes of course he does. so do i you were just saying you did as well. but you know, there's no reason in the execution of his day-to-day responsibilities as president, there's nothing that any of the people around him, including by the way, the dr. who was with him frequently i mean, obviously he went today for the full battery of tests at walter reed, but there's a medical staff that's with him at the white house and they have not recommended that he needs this. and i think just if you think about the sort of politics of it, the news cycle of it. >> i mean, think back to when >> trump took the cognitive test and talked about man, person, woman camera. i mean the entirety of the media was consumed by that for days and days on end. that's not something the biden team is interested in doing. here you're feeding the beast by administering administering a cognitive test that the president does not meet. >> kate bedingfield, sanjay gupta, thanks so much coming out, but cnn exclusive involving the fani willis misconduct hearing hundreds of newly obtained emails that for

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for a year when you buy one unlimited line. visit xfinitymobile.com today to learn more. soda back. >> that's right is tom been loves soda again >> this source with kaitlan collins. >> next >> for messi or trial involving the former president is playing out in atlanta a day after a key witness for the defense waffled on the stand, frustrating their effort first to prove claims and misconduct on the part of the georgia da fani willis. we have a cnn exclusive tonight, hundreds of newly obtained text messages which shed light on that waffling witness. nick valencia has more did you lie to ms merchant when you told her facts about mr. wade and ms willis's relationship >> cnn has obtained over 400 text messages that show this man, terrence bradley, was more deeply involved than previously known in advising the effort to disqualify fulton county district attorney fani willis.

>> so as as an attorney yourself you are testifying here under oath that you had no idea what ms merchant was going to do with all the details that you are giving her about wade and willis's relationship? >> so at the time no, i did not. >> earlier this week on the witness, dan bradley, nathan wade's divorce attorney, repeatedly said he could not recall details about willis and nathan wade's relationship, but in text messages obtained by cnn just days before the allegations of a conflict of interests were initially filed in court. bradley told ashleigh merchant, the defense attorney for trump's co-defendant, that wade and willis were absolutely interrelationship before she hired him is this accurate merchant rights upon information and belief, willis and wade met while both were serving as magistrate judges and began a romantic relationship at that time. >> no >> municipal court bradley response, correcting her in another tax from january 7, 2024, bradley provides merchant

with names of several people who he believed had firsthand knowledge of when willis and wade's romance began subpoena them all. bradley says in the text referring to a list of names that included other prosecutors in the da's office, members of willis's security detail, and others close to her speculated on some things. >> in contrast, on the stand tuesday, he seemed uncomfortable with a line of questioning for merchant. >> i do not recall any dates of when the of when the relationship started. i'm telling you i did not recall any specific date at this time. i don't recall at this time. i am telling you that i do not have the date in the tax which spanned months, bradley assist merchant from behind the scenes while pushing to remain anonymous i really appreciate you keeping me out. he says in a text after reviewing a draft of merchants original motion to disqualify willis. but i think you need to add me in the footnote 15 because i had a

contract as well. that way it doesn't seem like i was involved at one point in the text. bradley calls merchant a friend something that failed to come across during his testimony. >> did you have i don't know speculation as lying, but these texts are now being considered as part of the evidence by the judge on whether willis should be disqualified anderson reading through these text messages, it's pretty clear that bradley intended to remain anonymous, but as the leads he gave, merchant didn't panned out. she pivoted back to him as her best source of information but as you read there and saw what he said on the stand and what he read or what he texted in stark contrast from each other. >> yeah, i understand that is for sure, nick valencia. fascinating. thank you. the news continues. had sit for us the source with kaitlan collins starts now see you tomorrow tonight, straight from the source, the