Clancy Defense Attorney: Jurors Robbed by “Lone Holdout”

25:08Even you can't predict the future, given what's been going on over the course of the last year or five. But what would determine kind of a reversal in the trajectory of prices? Is it solely based on the conflict in Iran right now? Are there other elements you're looking at? there's a lot of elements. Most is demand. So if there were to be any other, you know, events that would scare people from traveling, but, you know, Scott Kirby, the CEO of United was asked point blank, Hey, what do you think about airfare? And if there's anyone with an inkling, he said that they're pretty much high fares are here to stay.

25:41If the war suddenly ended, the street was open and oil was flowing, that certainly I think would bring pressure down. But, you know, the airline CEOs have said, well, consumers are paying the higher rates. And so I wouldn't be hopeful for huge relief anytime soon. That last point is very, very critical. Brian Kelly, I somehow always learn like 15 things when I talk to you. Thank you, as always, for your expertise. Thanks for having me. Well, there's a new bipartisan push to make sure children across the United States are taught about the attacks on September 11th, 2001 and the impact they had on our country.

26:15The lawmakers behind this join me next.

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27:02There's a reason millions of companies like Mattel, Heinz, and Allbirds continue to trust and use them. With Shopify on your side, turn your big business idea into... Sign up for your$1 per month trial at shopify.com slash special offer. International lead in one week from today. This country will mark 25 years since the September 11th attacks. My next two guests want to make sure that all students in all 50 states learn about the horrific events and how it changed the country forever. Democratic Congressman Josh Gottheimer of New Jersey and Republican Congressman Mike Lawler of New York. Join me now.

27:39Appreciate your guys time. Congressman Lawler, you said that by teaching this story of 9-11, we honor those we lost on that day. celebrate the heroism, and prepare for the future generations to remain vigilant. Can you walk us through what this curriculum would look like? Look, I was on my fifth day of freshman year of high school on September 11th, and obviously that had a profound impact on our country, the state of New York and New Jersey, as well as, you know, our communities that we represent. And to today, we are still losing 9-11 first responders to 9-11 health-related illnesses. And when you think about the fact that over 100 million people have been born in the United States since 9-11, the fact is that they were not born on that day and have no memory of it.

28:32And so it is imperative, like with anything in history, that we teach it. And I think about the fact that next Friday I'm going to be attending dozens of 9-11 ceremonies across my district. And yet, when you look at Pearl Harbor, only one community in my district still has a Pearl Harbor remembrance ceremony. As people die, as generations pass on, we tend to forget. And we lose sight of these important moments in our history and what defined our history. So teaching this in our schools, teaching what happened on 9-11, the lead up to 9-11 and the aftermath is vital to make sure that we truly never forget and that we do everything in our power as a country to ensure this never happens again.

29:26It's such a good point. It was such a foundational moment in my life, I feel like in everybody's life, that it's almost impossible to think about that 100 million number and the necessity of it. It's also something that makes you think about where we are now from a security perspective and what we've learned and what we've been able to implement. Congressman Gottheimer, your push for this legislation comes as a bipartisan Intelligence Committee 9-11 Review Task Force, which you co-chair, is out with a new report. You say there are still dangerous gaps in intelligence sharing. Explain. Well, that's right.

29:57But to Mike's point, and I think Mike and I, because we We live near each other, and thousands of people not only perished that day, but continue to perish. And we know their families. We get together every year. It's really hard to believe it's been 25 years. We all, as you pointed out, we remember exactly where we were. But you think about it, a lot of our new educators in the classroom weren't alive, many of them, right? They're just coming, right? They're just starting to teach. They didn't know it themselves. So it's really important to make sure we actually have these lessons and lesson plans and that we teach our kids.

30:33Only 15 states actually have requirements to teach about 9-11, despite the 100 million you said weren't born then. So we have to make sure we don't forget. And part of what we focused on in the 9-11 Commission report, which analyzed 25 years since the first 9-11 Commission report, to see what's been effective and where we need to move forward. The biggest thing I learned from our work is to make sure, as we said that day, we didn't have enough imagination, right, the failure of imagination. And we need to make sure we continue to think of the next threats. We have AI, we have drones. The threats are online as much as they are in person.

31:14And the question is, is our intelligence community structured and prepared for the threats of tomorrow and the ones we're facing imminently today? And I think that's the biggest thing. And the biggest problem back then was the stove piping that went on between our 18 intelligence agencies, right? The silos. And the key is making sure, because time that starts, you start to head back into those silos where we're not sharing intelligence. That's the biggest thing also that we've got to make sure doesn't happen. That there is this sharing of intelligence because it happens so fast so that we're prepared to fight back against our adversaries.

31:46My thanks to Congressman Gottheimer and Lawler. Well, we're less than two months from the midterms, and some vulnerable Republicans are trying to find a way to tell the president, please stay away. Is that a good strategy? Our panel weighs in next.

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32:31In our politics lead, a damning new report about Senator John Fetterman paints a grim picture of his performance in Washington. According to the Wall Street Journal, the Pennsylvania Democrat shows little interest in doing his Senate duties, routinely skipping meetings with constituents and fellow lawmakers while making time for conservative media. The article details one instance when Fetterman bailed on a group of paralyzed veterans claiming he didn't feel well. But then, just an hour later, he walked into his office showing no signs of illness for an interview with Fox. The journal's reporting is based on interviews with more than a dozen former Fetterman staffers, as well as text messages and internal records.

33:05The journal also says Fetterman's office ignored multiple requests for comments. My panel joins me now, and it includes Siobhan Hughes of The Wall Street Journal, one of the reporters who was on the co-byline of this story. I want to start on that last part, because in the process of doing stories like this, it's one of those things where the office, maybe even the member themselves, will sit down with you and be like, here's the 5 ,000-word reason why your story is wrong. It was that damning. They didn't respond. According to the article, they didn't respond at all. The Fetterman office did not respond at all, and they had multiple chances to respond.

33:40I, my colleague Will Hobson, both reached out to the office. Will went up, he drove up to Erie, Pennsylvania to talk to Fetterman in person at one of the few appearances he's had in the state and it was crickets. Why do you think that is? You know, Fetterman does have a habit of walling himself off when there is information he doesn't want to hear or doesn't want to be presented with. And that's certainly consistent with that. Megan, his party, his colleagues are not exactly like running to his defense here. former Democratic Congressman Conor Lamb saying, John, if there's a decent bone left in your body, just quit.

34:16It's an insult to the decent people in our state for you treat them in the office this way. What do you hear? Like in the party right now, people have been frustrated with Fetterman for a long time. Yeah. I mean, I think that most Democrats would wish that he would resign. I don't know that people want him to resign immediately because I think that there's a little worry that Democrats would lose a seat in Pennsylvania, that it would go to a Republican. But then you're also worried that he's going to caucus with Republicans at some point. So I think Democrats are just, they're in a position here.

34:42They don't really know what to do. He's not serving his constituents well. He's not fulfilling his duties as a senator. It's a real problem here, and I don't envy Chuck Schumer for having to deal with it. Bob, as a very savvy man of this town, who knows how things work and knows the people who make them work, Megan's point about potentially caucusing with Republicans, that has also been hanging out there throughout every part of this process. He said it's not going to happen. Where is this going on that front? I know that's political, not necessarily. Sure. Well, Phil, he's up in 2028. There is no way he can win a Democratic primary.

35:18No way. So he either has to become an independent or Republican. Now, as you said, he's denied it, but he's opened the door just a little bit. He has criticized Democrats for being anti-Israel. And he said, if that continues, you never know, basically. So So this is one to watch. He could, I don't think he's going to be changing parties or leaving the Democratic Party before the election. But after the election, this Senate race, you know, the battle for the Senate is so close. We could have a 50-50 split. And guess what? He could flip it. Yeah, he could become essentially, and you make this point, he could become a kingmaker depending on how things go and changes the math.

35:57Karine, in the report, there's this exchange between the senator's aide regarding the Children's Hospital of Philadelphia known as CHOP. Senator Tex, why do I have to keep having to meet with CHOP as aid responds? Because they are worried about vaccines and Medicaid cuts. Federman writes back, well, I'm not. And I'm convinced they just want free trips to D.C. I think Americans are probably really exhausted. There's probably so much fatigue around sort of this dehumanizing rhetoric you hear from politicians broadly. And this seems to be another blow. The timing is incredibly awkward for Democrats, not only because of the implications for the Senate going into the midterms, But also, voters aren't just tired of the rhetoric.

36:36They're also extremely tired of somebody who seems out of touch, who isn't focusing on constituents. There are huge questions right now about the Democratic establishment and what that means. Fetterman ran as an outsider in a way, but now he's part of that establishment. And this entire debacle shows that he is out of touch with his constituents. It's incredibly awkward for Democrats. Out of touch. And Sean, you guys wrote this so well, like out of touch with his brand, like who he was when he ran in 18, when he ran and lost. What was the governor? Our primary prior to winning his Senate seat.

37:08I'm interested where you think this goes next. Like they're out right. Are they out right now? The House is out right now. The Senate is out right now. But, you know, we were talking a little bit beforehand. The next big thing is on September 14th when the Senate comes back into session. They all stream in. And oh, by the way, this story can't move on because a group of former Federman staffers has formed an account on the social media site X where they plan to release additional information, additional texts to really drive home the point. And so everybody's going to have to answer this question.

37:38And you're reporting that's a legitimate account. I have verified that account. I have talked to a former aide who has said, yes, that's legitimate. Yeah, this news cycle is not going to go away. Bob, there's another news cycle that people are going to be paying attention to next week. That'll be the president in Dallas. Yeah. Politico has got a piece about subswing district Republicans who aren't sold on having the president campaign for them. One Republican in a competitive race saying this about their conversations with pollsters related to Trump. Some of the guidance has been you're blanked if you mention him too much and you're blanked if you don't stay in his good graces.

38:08So that is the problem, which, yeah, no, that would seem to be a problem. That's a big problem, especially with the House and Senate being so close and probably the House flips and the Senate will see. But this is a fear factor issue, and Republicans are stuck because they fear Donald Trump. And if you publicly say, yeah, Mr. President, I don't want you to come to my district or state, well, then he could lash out at you. They need his base to show up. So they're kind of stuck, and that's why Republicans are in a position both on Iran and whether to invite Trump, whose now approval ratings are in the 30s.

38:43I mean, this is dire situation. Over the last month, the pendulum has swung toward Democrats. taking not only the House but the Senate. Yeah, they also need his money. If that comes. I'm interested, you're on the trail. You have visited these races. You've been on the ground in these places. Do you think Trump is an albatross like some of these quoted operatives seem to think? I mean, certainly in battleground races. And it's not just the reputation or the approval. It's also, as you said, the money. I think it's$400 million in a pack. Loyalty to the president is really important to getting his support.

39:18Damned if you do, damned if you don't. it's very difficult right now for Republicans who are running in purple districts. And the president certainly isn't making it easier from a branding perspective, from games to renaming things to triumphal arches. All of the attention is always on Donald Trump, and that makes it very difficult in battleground states. When you're talking to voters, you don't hear a lot of, like, what I really love is the triumphal arch. I'll keep an ear out for that one. Yeah, it could be out there. It's just kind of a little bit under the surface. Megan Hayes, sorry. You got mad at me once at the White House.

39:52I'm telling you for eternity. We're still using that. The NRCC, National Republican Congressional Committee, is launching a joint ad buy with Congressman Max Miller, currently facing allegations of domestic abuse. The committee released a statement today saying, in part, Ohioans have a clear choice. Max Miller will vote to stop socialist policies, and Bernie Bro, Brian Poindexter, will make them a reality. This is not a race. NRCC should be spending it. No, absolutely not. It's a plus nine, plus 10 district. He's not a frontline member. Like, they're dropping cash in now. No, and actually, I think it's going to impact the governor's race in Ohio and the Senate race in Ohio because people are going to now turn out and vote for the Democrat in this district in a place where they would have voted for the Republican and voted down ballot.

40:33There's the entire ballot for Republicans. So the entire Democratic ticket in Ohio is going to benefit from this person's horrible decisions. He should have dropped out a long time ago. But I just want to go back to what you were saying about the Republicans not wanting Trump, that they are cowards. They should say to him, they work for their constituents and they work for the people in their district. They don't work for Donald Trump. And so the fact that they think, oh, we're damned if we do, damned if we don't, that is your problem and you deserve to lose for not standing up to who your boss really is and that's the people in your district.

41:00And that really bothers me because Democrats don't seem to have a problem doing that. People have told Kamala Harris not to come. Do you agree with that? Well, if you stand up to him though, if you voted to impeach him, most of those guys are gone. Well, that's a problem. That's a problem with the base then because you work for your constituents. You don't work for Donald Trump. But it's the most salient point of, like, one, the guy just never goes away when you think he does. But, two, everyone who has crossed him is no longer a sitting member of Congress. And I think it is an absolutely fair point to say, like, fine, if that's the reality of things, like, have a conscience and morals.

41:33But, like, these are politicians. And Susan Collins just said, hey, Liz Cheney, where's she? She's got no power. Yeah, and Collins' point is, like, look, I'm still on a probs. I still have a role. And what has Donald Trump's economic policies done for these people? They've destroyed these districts. They've destroyed these people to even put them in a position that they have to fight for their lives in these plus nine districts. I mean, it's unconscionable that these members can't stick up for themselves. Man, I mixed one letter up on your last name. You are ready to rock and roll. All right. Thank you guys very much.

42:00Thanks for coming in. Well, the first ballots of the midterm elections are being sent out today. But right now, we're getting breaking news in President Trump's fight to curb mail-in voting. That's next.

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42:48The lead tonight, breaking news in the ballot battle over President Trump's effort to limit mail-in voting. A federal judge just extended a block on Trump's executive order calling for the U.S. Postal Service to enforce new rules on who can get a mail-in ballot. This is the same court that the president is trying to skip over by filing an emergency appeal to the U.S. Supreme Court. All of this is coming as North Carolina today became the first state to send out mail-in ballots for November's midterm elections. The stakes of this ballot battle are extremely high. If the Supreme Court gives Trump's plan the green light, the United States Postal Service says it has a plan to enact Trump's new rules.

43:26The Whistleblower report this week claims the Postal Service has rushed its process, which could lead to thousands of mail-in ballots not being delivered. We start things off with CNN's Diane Gallagher in Charlotte, North Carolina. Diane, North Carolina ballots already in the mail. All I keep thinking about is how complicated things can and will get if the Supreme Court greenlights this. What are you hearing from officials on the ground? Phil, there's a lot of uncertainty here because the ballots aren't just being sent. There are a few that have already been returned here in North Carolina. So voting in the 2026 midterms is already underway.

44:02North Carolina, not just first in flight, but sorry, Ohio and Phil. I will say that these are UACAVA votes through the electronic system, so they're military and overseas ballots, not through the mail. But look, they sent tens of thousands out today in North Carolina through the U.S. Postal Service system. And I spoke with election officials who say that North Carolina, of course, is a part of that lawsuit challenging and trying to stop this rule from going into effect. At the same time, the Republican-controlled state board of elections did voluntarily submit the envelopes for the ballots here, and they were approved by USPS.

44:39But according to officials here, they received no additional guidance for anything. They were not told to do anything differently, so I'm told they didn't. We're continuing to go until we hear order or directive from our state to do anything different. So we're moving forward right now. The confusion can be for the voter. What are you going to do? They may not understand. We have started the voting process. So you and I have joked, I guarantee you, I will get a ballot back from somebody in this state today or tomorrow from a military overseas or UACAVA voter. So it's going. And like I said, they got exactly that in return.

45:25Now, look, there is also concern because from the numerous election officials I've talked to in North Carolina, they've received zero guidance or any real information about what would happen to the ballots that have already been sent out. 5 ,000 sent through the mail just today here in Mecklenburg County, in Wake County, where Raleigh is, more than 7 ,000 sent through the mail just today. And each of these 100 counties in North Carolina will continue to fulfill the request unless they're told to stop doing so. They do not know what would happen to the ballots that have already been sent out if this rule were allowed to go into effect.

46:00And, of course, Phil, North Carolina, a very pivotal state when we're looking at the U.S. Senate with that race between the former Democratic governor, Roy Cooper, and the former RNC chair, Michael Watley. A lot of people looking at North Carolina and concerned whether or not the genie's already been let out of the bottle here and what would happen if the Supreme Court did allow this to go into effect. Diane Gallagher from Charlotte, North Carolina. Don't think I didn't hear the Ohio comment. We're going to we'll get back to that. I appreciate it, my friend. Thank you. Well, joining me now, Maryland's Democratic Governor Wes Moore.

46:30Governor Moore, I really appreciate your time. I think the question that I've had throughout the course of this process, but especially as I read the 90 plus page rule, USPS rule in the Federal Reserve a couple of days ago when it published for the first time, which is the weight it puts on state election officials who are actually responsible for election administration is enormous. Have you scenario planned what would happen if the green light is given by the Supreme Court here? We've been scenario planning this, but also collections of other scenarios, because we have seen how these tactics that the president is trying to deploy, that he's been doing them for well over a year now.

47:14And he's not hiding it, whether it is talking about mail-in balloting, which, again, you know, in the state of Maryland, we've sued him for. and we beat him in court, whether it is saying that he wants to get access to our ballot boxes, which there's no reason for him to have that, whether it's him saying he wants to put federal agents around voting booths, which we know is voter intimidation, whether it's him saying that he wants to ask Republican states to redistrict, to do megadecade redistricting, but Democratic states to sit on our hands. And so these are things that we have seen how the president has repeatedly come up with ways of trying to attack our voting systems because he knows that his policies are unpopular and that he'll get beat in the voting booth.

47:55And so it's not a surprise what we're seeing this, but we also are very clear. The power of voting belongs to the states, and the states will continue to hold on to it. So that's quite literally in statute, which I think is one of the things that's been confusing about this entire process. If the Supreme Court says go ahead and USPS says this rule is in effect, do you comply? Well, I think we've already been looking at various scenario plannings depending on where where this all goes. But the thing that we know is we have faith in our legal system and we have faith that the Constitution is going to be followed.

48:30This actually is not confusing and this is not controversial. This is actually the Tenth Amendment. It's in the Bill of Rights. And so we're very clear about that voting when the when the when these documents were first pulled together, that there was a real fear of a tyrannical executive that could then go and try to obstruct elections. It's the reason that they gave the rights to the states. And so it's these type of moments that I think that the founding fathers prepared the country for and that we now as governors and as chief executives, as secretaries of state, as attorneys general, we are prepared to make sure that the will of the Constitution is actually followed through on.

49:09Yeah. And just for clarity, when I said it, it's confusing. It's confusing that the White House thought they had executive authority to implement something that was not in statute. That's been the thing that's bamboozled me a bit over the course of the last couple of weeks. Speaking of court cases, you had a significant win, I guess it was yesterday at this point, related to redistricting. There is now going to be a question put on the ballot about the ability to redistrict going forward. I'm interested in your statement that you put out after that decision was made by the highest court in Maryland.

49:42You said you are going to vigorously campaign and advocate on behalf of supporting this in November. Do you have a plan mapped? Is there like a finance and strategy and ground operation that you're really planning to put a push in here? Yeah, first of all, I say we're we are thrilled and it was a massive victory. But but the truth is, it wasn't a massive victory for me. It was a massive victory for the people of Maryland because we put the power back in their hands. We said that that Donald Trump nor any party boss should be able to dictate to us or tell us what our democracy should actually look like.

50:19Let it go to the people of Maryland and let them have the final say. And so I'm really excited and encouraged that this that the that the courts, our Maryland Supreme Court. And by the way, in overwhelming fashion and a five to five to two vote came out and said that this should go back to the people. So I will be out there campaigning on behalf of it. You know, the people know that I'm up for reelection come November as well. And so we're going to be urging people to to vote West and vote yes on question three, because we believe deeply that if you want to be able to push back against what's happening right now, if you want to make sure that the president of the United States, that Donald Trump is not able to make this pain permanent, that it is important that we hold on to our democracy, hold on to our basic freedoms, and know that that decision should be made by Marylanders and not by Donald Trump.

51:09I want to turn to Iran because you served in combat. And just yesterday, Vice President J.D. Vance said he wouldn't call the conflict a war. And today, President Trump was asked about it and said this. Listen. A lot of people don't call it a war. I call it a military conflict because it's small potatoes for us. It's not a big thing. We did Venezuela and we did this. In Venezuela, we lost nobody. In this, we lost 18 people. And in Vietnam, you lost 100 ,000 people. And in other conflicts, you lost tens of thousands of people. I would say that it's intermittent. You know, we do intermittent strikes.

51:51So I heard what he said, and it was interesting because I think that there's a lot of truth. We're not fighting right now. Small potatoes, I think, stood out to a lot of people. What's your response to that? I think it's disgusting. I think he's not thinking about the 18 family members who now are mourning the fact that we've lost loved ones. He's not thinking about the units of the people who are overseas fighting and who have lost people overseas. He's not thinking about those who are right now fighting. on his behalf, on his orders that are now executing missions because the country asked and because the commander in chief asked them to.

52:34So I find how callous he is about this deeply disrespectful and deeply disgusting. But the truth is, I'm not actually surprised hearing it from him because I don't think he does understand what the service members are going through or what these families are having to grieve. And the truth is, is that I don't give a damn what he calls it. The thing that I know is that we have been a nation at war for six months. The people of this country know that. The people of this country know that we've been in a war, been in one of these foreign forever wars that's driving prices up on all of us, that's now requiring our nation's armed forces to go overseas.

53:12And so whatever he wants to call it or not call it, here's the reality. Whatever he does, wants to call it or not call it, he's losing. and that's the thing that gets him most. And so it is deeply frustrating as both a person who has served overseas, a person who has been forward deployed, a person who has had to deal with these consequences of these foreign forever wars to hear the president of the United States being so callous. But again, considering his behavior, I cannot expect anything different. And that is deeply angering and deeply frustrating. Maryland Governor Westmore, I appreciate your time, sir.

53:47Thank you. Thank you. Well, new Fed chair, same problems. President Trump today is trying a creative way to pressure the new Fed leader into lowering interest rates. But will it work? Plus, the judge declares a mistrial in the Lindsay Clancy triple homicide case. We break down the courtroom drama and what this could mean for Clancy's fate. That's ahead.

54:14In our money lead, President Donald Trump today threatened to stop the U.S. from trading with many nations unless the Federal Reserve lowers interest rates, writing on Truth Social, quote, lower the rate or I'll stop trading with countries with which we have a deficit, which the U.S. Supreme Court in its ridiculous and very costly tariff decision strongly acknowledged the president, in quotes, has an absolute right to do. It's better than tariffs. The Fed board, with its great new leader, must get smart, be patriots for a change. A short time ago, the president elaborated on what he meant. We have countries that are considered elite financially, like Switzerland, like others.

54:57But if we didn't trade with them, they would be bankrupt countries. So if we don't trade with Switzerland, just to use it as an example, watches, things, if we don't trade, we have no deficit. CNN's Dave Goldman is here to explain what this could mean. Dave? Hey, Phil. Yeah, the president with a pretty unusual post on social media today saying, lower the rate or I'll stop trading with countries with which we have a deficit. And this could really use some unpacking because there's a lot here. Let's start with lower the rate. What is going on? Well, we had a pretty strong jobs report. That's when it all started this morning.

55:41The country added 162 ,000 jobs in August. That was good news. So stocks, what? They fell? Well, okay. So what this is all about is that the market says, well, maybe this gives the Fed some leeway in the coming weeks to raise rates. and that leads stocks lower. President Trump did not like that, had a separate post saying this is ridiculous. So what is the stop trading all about? Well, this is the Emergency Powers Act that the president was using with his tariffs. Now the Supreme Court ruled against this as a tool for tariffs, but the administration has said that the president has wide authority to stop trading with countries that are doing the United States harm.

56:32And we are already using this to not trade with North Korea. And when Spain was angering the Trump administration by not helping with the war in Iran, the administration was threatening to use the Emergency Powers Act to stop trade with Spain just a couple months ago. So that's what that's all about. Well, what about the deficit? Well, we just learned that we had a massive trade gap. So we import$89 billion more than we export in the month of July, which is the latest data. And that was a 16-month high. Well, wasn't tariffs supposed to fix that? Yes, but it hasn't. And AI is a big reason why. Because we import so many chips.

57:20So how many countries do we have a deficit with? Well, it's all of these. So are we going to stop trading with all of those countries? We'll see. But this is what the president is talking about. At least maybe that makes a little bit of sense. Phil, back to you. Dave Goldman, an absolute treasure. Thank you. Well, nine days trapped underground and then a rescue. Two men found alive inside a flooded hydropower tunnel in Nepal. giving rescuers new hope others may be alive. We'll take you inside the massive rescue operation and the Race Against Time next.

58:05Our world lead takes us to Nepal tonight, where it's a race against time to find hundreds of workers trapped inside hydropower tunnels. This after two workers were found alive overnight. CNN's Hanako Montgomery witnessed the miraculous rescue. After days of desperation, cries of joy. This is the incredible moment two survivors were pulled from a tunnel in Nepal after being trapped for an agonizing nine days. The relief and exhaustion is palpable on 30-year-old Sanjay Sa's face. He was hauled out of the water-filled tunnel along with 45-year-old Kabir Mahajan on Friday morning. Both were rushed by helicopter to a hospital in Kathmandu.

58:54From his hospital bed, Sa, a mechanical foreman, described how he got trapped. My responsibility was to save everyone's life. After the accident happened, I could not run by myself. I had to save everyone. In the process of saving everyone, I told them that there was an accident in the big dam. I asked everyone to escape outside. Doing so, I wasted time and I could not get out. I got trapped. When news broke of the rescue, we flew to the site. Right now we're flying over Nepal towards the Trishuli 3A tunnel, where authorities believe that there might be still some survivors inside who are alive.

59:35They were able to rescue two individuals and they're hoping that operations can continue and that they will have more luck getting more survivors out. As we approached, a deafening sound of heavy machinery drilling grew louder, and with it, a sense of hope. Nepali Army rescuers surrounded a hole where the two survivors were hauled out from earlier in the day. We watched as dozens of workers pulled at a piece of rope. They tell me that on the other end of this rope is someone who was stuck inside the tunnel. They don't know if this person is alive or is dead, but clearly there are dozens of workers right now trying to get this body out.

1:00:15And these people have been second side for nine days now since that flash flood first hit Nepal. We've spoken to the major general, the head of military operations in Nepal, and he's told us that it was really difficult to find signs of life, especially inside this tunnel, which was one of the worst hits. The Cheshulie 3A hydropower station has a conduit that's a staggering 26 meters deep. an army general told me Thursday. The rescuers here explained that it's filled with water rather than mud, allowing them to use whitewater rafts to travel down the tunnels. As we left the scene, oxygen tanks and body bags were being passed towards the opening.

1:00:56Authorities later said a body was extracted from the tunnel. Nepali authorities have previously warned there are more than 900 workers missing at multiple energy projects in the Himalayas. after catastrophic flash floods swept through the area. They don't know how many are dead or still alive, but the search goes on with the hope that hundreds more families will be reunited. Hanako Montgomery, CNN, Nepal. Hanako Montgomery, thank you for the great reporting. Well, we're following breaking news tonight. What comes next for Lindsay Clancy after a mistrial was officially declared in her murder case?

1:01:36Will she face another trial? Our legal experts weigh in ahead.

1:01:47Breaking news in our law and justice lead, a mistrial in the triple murder case that captivated the nation. Today, the jury in the Lindsay Clancy trial said they could not and will not reach a unanimous verdict on whether the Massachusetts mother is criminally responsible for killing her three children in 2023. After nearly six weeks of testimony, almost 40 hours of deliberations, the judge declared a mistrial. CNN's Yucasares reports on how this case reached this point and what happens next. At this point, I'm going to declare that the jury is deadlocked and I'm going to declare a mistrial. Lindsay Clancy's triple murder trial coming to a dramatic ending on Friday.

1:02:32A mistrial. This is not a time for gloating, bragging, expressing victory.

1:02:45It's a very sad case. But not before a few last-ditch efforts by the defense, including filing an emergency appeal to the Massachusetts highest court. But that appeal was denied after six and a half days of deliberation and several notes to the judge from the jurors. saying they were unable to come to a unanimous verdict. The last note from the jury read simply, quote, It is with a heavy heart that we report we are unable to come to a unanimous decision and will not be able to. Earlier in the day, when the court reconvened, the defense asked the judge to question the lone holdout juror. It clearly and unequivocally indicates that they are basically 11 to 1, and this person will not apply reasonable doubt to the evidence to return a not guilty verdict.

1:03:37The judge denied the request. The defense then pushed for a forceful reminder to jurors to follow the law, drawing visible exasperation from the judge. What do you want me to do? Get a brass band? Later on outside court, in an unusual moment, the defense spoke out about that one juror who was a holdout. They know that they were robbed by one man for whatever his agenda was, who stole seven weeks of the life of these other jurors that were so attentive, so beautiful, so wonderful. And listen to this evidence. And you could see how defeated they were sitting there. Clancy is accused of strangling her young children, five-year-old Cora, three-year-old Dawson, and eight-month-old Callan in January of 2023.

1:04:31She does not deny that she killed her three children but pleaded not guilty. The 36-year-old's defense team argued she should not be held criminally responsible because she was suffering from postpartum psychosis. She loved her children. They were her life. This young lady is not guilty of the killing of her children because she was suffering from a disease and defect. The prosecution acknowledged Clancy had a mental disease or defect, but claimed the former labor and delivery nurse deliberately killed her children with premeditation and extreme cruelty, and that she was not in a state of psychosis at the time of the murders.

1:05:11This case is not about a health care system or about how women are treated in it. Those are all important issues. This case, however, was about Lindsay Clancy and what she did on January 24th, 2023, and the cruel and calculated killing of three innocents. The focus now turns to what happens next. Prosecutors saying they will decide whether to retry the case against Clancy at a future court hearing. I do know that one of the questions that are out here right now regarding retrials. I will let you know that there will be no decisions made today regarding that. I'm going to be meeting with our team, and we will address this case further at the appropriate time in the context of an official court proceeding.

1:05:57And a status hearing is set for September 29th in this courthouse behind me. Kevin Reddington says he is ready to try this case the week after that. He will file a motion for reconsideration, and we may learn whether the prosecution fully intends to retry this case. They have not, as you just heard, spoken out about that. But the question is, is there a saturated jury pool at this moment in Plymouth County, Massachusetts? Phil? Gina Casares, who has done amazing work leading our coverage throughout the course of this trial, thank you for the great work. Well, joining me now is former Palm Beach County Florida State Attorney Dave Ehrenberg.

1:06:36Dave, first, your reaction to how this case ended, ending in a mistrial. That's the system, Phil. All takes one juror, and you could have a hung jury. And I thought the defense lawyer at Reddington did a really good job throughout the trial, until the close. I thought he was lackluster in the close, and so maybe he has just himself to blame for the fact that one juror was a holdout. One thing that I thought was inexcusable, though, was the way he went after that juror. We should be thanking jurors for their service, not attacking them or getting them doxxed online where they get harassed. I mean, he went in open court today and called this person a criminal, said that he lied under oath.

1:07:12And then he just laid him out to dry there in that press conference. I really don't think that's Reddington's finest moment as a lawyer. Actually, I want to play some of those comments from Clancy's attorney. Take a listen. Where do I begin to thank these jurors? Minus one. They were robbed by one man for whatever his agenda was. And you could see how defeated they were sitting there. And I got a funny feeling that they would have gone on for another week if they had to. So I hope that guy can sleep well at night. Would something like that impact a future jury pool if there is a retrial? You could, yeah.

1:07:54Why would you want to be a juror and be a holdout if you're going to be treated like that? I mean, this was a tough case because although there was evidence of premeditation, there was also a lot of evidence that the defendant was in the throes of real psychosis and she was overmedicated. She had insomnia. And although she seemed cold and calm when she sent her husband out to run errands and then did that brutal massacre of her kids, awful stuff. But still, you can be in chaos beneath the surface while you're calm outside. And that's something that the defense experts testified to. And the prosecution really didn't have an answer to that.

1:08:30So the fact that it was 11 to 1 and not a total acquittal could be seen as a victory for the prosecution. That's why I'd be surprised if they decided to do this whole case yet again. Really? Say more about that. Why? Well, they don't want her to go free. But at the same time, why would you put your arm through a meat grinder again? I mean, you just essentially lost 11 to 1. And I thought that this case was headed to an acquittal from the beginning until the closing arguments, which I thought gave a lifeline to the prosecution. When you look at an 11 to 1 verdict, you've got to really reassess if you're going to go through this whole thing again, the time, expense, the aggravation.

1:09:07So you may want to file it again and then try to reach a deal with the defense lawyer. But it didn't help that the defense lawyer here attacked the prosecutor, Tim Cruz, who I know, a good guy, attacked him personally, made fun of him for not knowing the children's name, how to look down at his notes. You don't need to do that. You know, he said that this is not a time for gloating, but he seemed to gloat. He seemed to make it all personal, Reddington. And I just it just didn't stand right with me. He was asked if he would do anything different in a possible retrial. Here's what he said. Do you feel there is something you would do differently with the second trial?

1:09:46Why would I? I won the case. I think that kind of underscores the point you were making there. Should the defense keep their strategy exactly the same if there's a retrial? Yeah, you know, in the NFL, they say, act like you've been there before. He was spiking the ball over and over again. Yes, if it goes to a retrial, they'll do the same strategy. I do think they'll probably move the case out of Plymouth County. But where are you going to go where no one knows about the case? So wherever you go, people are going to know about it. It's just that you have to find a juror that can, a jury that can set aside their biases, what they know, and just follow the evidence and the law.

1:10:21But it's going to be harder to find a jury this next time around, knowing that if you hold out, if you don't go the way that the defense lawyer wants you to go, he's going to call you out in public and perhaps you'll get doxed and harassed. Yeah. Dave Ehrenberg, appreciate your expertise, friend. Thank you. Thanks, Phil. Well, an emergency injunction seeks to stop groundbreaking on the president's 250-foot triumphal arch as the Trump administration plows ahead with its so-called beautification projects across the nation's capital. That's next.

1:10:59In our politics lead, President Trump's architectural blitz in the nation's capital, the White House ballroom, the golf course, the reflecting pool, the triumphal arch, the list goes on and on. Well, he's apparently building them all for himself. He said as much in an interview with New York Magazine's Ben Terrace in a great new piece. Quote, that's true, Trump said. Nobody will do it once I'm gone. When I leave here, nobody will. And as CNN's Sun and Cervati reports, Trump's ambition to cement his legacy, it's not slowing down at all, despite facing many legal challenges. That's pretty great, huh?

1:11:33Without the usual approvals and still in legal limbo, the Trump administration is pushing forward to break ground on President Trump's triumphal arch. I think we'll be the most beautiful in the world. Announcing they will start excavating the ground to build the arch in the next two weeks. The Arc de Triomphe would be the one that you would probably know in Paris. It's one of the most beautiful. It's a very similar size, slightly larger. We're doing, we have to do slightly larger. The proposed 250-foot arch planned for Memorial Circle between the Lincoln Memorial and Arlington Cemetery has not been approved by the National Capital Planning Commission, the last of the two agencies that need to review and approve the work.

1:12:13Nor has it gone through a full review necessary under the National Historical Preservation Act. The FAA's final aeronautical study looking at the safety impact to the nearby airport has also not been finished. And the project is still bogged down in the courts, with a veterans' rights group seeking a temporary restraining order Friday, saying the arch obstructs the view of D.C. from Arlington Cemetery. You get a better view right over here. All this comes after the administration scored a major victory for one of the president's other projects, the Supreme Court allowing the construction of President Trump's ballroom to move forward.

1:12:48This will be the greatest military complex slash ballroom anywhere in the world. There won't be anything like it. That decision appearing to embolden the administration. What I do best in life is build. I build buildings really well. With Justice Department lawyers now using that ruling to make the case that other challenges to the president's construction projects should be dropped. Administration lawyers for the Arch and for the president's desired championship golf course he once built in D.C. This week, both requested the courts to dismiss each case. This will be here long after we're gone.

1:13:21No matter what happens with the world, this is not moving. Meantime, as the president pushes ahead with all these projects to remake Washington in his style and liking. We weren't necessarily thrilled with the contractor. His reflecting pool renovations continue to grow in cost. The administration hiring yet another new company to help clean and maintain the reflecting pool, adding another$2.7 million to a project that has already ballooned in cost to now over$16 million. And just in the last hour, we received new information that essentially attempts to clarify what exactly the work that is going to be done here at the site of the president's proposed arch.

1:14:03The government lawyers in a new filing just this evening, they revealed that the work will be archaeological survey work. Now, this is a very small but very important detail to the broader context of all of this. That survey work was always needing to be done. It was always anticipated that it would be done before getting proper approvals. It was needed to comply with the National Historical Preservation Act. That does not mean that this work will actually be work on the arch. It certainly does not mean that it will be work on preparing the grounds for the arch. And to that point, government lawyers saying tonight, Phil, that the land here will be restored by October 31st.

1:14:42They say, quote, this activity is not construction or demolition in preparation for construction of the arch. Phil? Salman Serfati, great work, my friend. Thank you. Let's turn back now to the reflecting pool saga, because today a judge heard arguments on whether to stop the Trump Justice Department from reviving its vandalism case against former Olympian David Hearn. Norm Eisen is part of Hearn's legal team. He joins me now. Norm, the judge said he'd make a decision shortly. Did anything happen in court today that gives you an indication of how he's going to rule? Well, Judge Edelman is a very even-handed jurist, and as the best judges do, he had hard questions for both sides.

1:15:21But I thought that a couple of exchanges that he had with the prosecutors were very telling Phil. He pressed them. Do you have any evidence that could possibly emerge that would allow you to prosecute Mr. Hearn for the reflecting pool? And they couldn't identify any, even hypothetically. He put them in a corner on, you've admitted that there's no probable cause. There's no basis for the case. You can't think of any evidence. They couldn't even hypothetically think of evidence that could emerge. They said, well, the reflecting pool is being remade. Maybe some evidence will come from there. How?

1:16:09How could re-renovating the reflecting pool after what the government has admitted was a botched, rushed renovation, possibly create evidence in this case. It's nonsense. And then the other thing that I thought was very telling, the judge was very focused in his questions to us, the defense team, but particularly to the prosecutors on the harassment of Mr. Hearn, this unusual circumstance where on the one hand, the government has said, oops, there was no evidence to charge him. And then you have the president saying, I disagree. He should be charged. And even attacking Mr. Hearn's lawyer, yours truly.

1:16:53That's not right. Should you get a dismissal with prejudice, which would prevent the Justice Department from reopening its case against Hearn? What then? What's the next step? And I ask because to your point, at least one side of the two sides you were just explaining probably isn't going to end based on precedent of the president? Well, we argued strongly today, Davey Hearn is innocent. There is no basis to charge him. There was no basis. There is none now. And there will be no basis to charge him for doing damage to the reflecting pool. The prosecutors have admitted, not once, but repeatedly in signed documents that they filed in court that the damage to the pool, including in the exact spot where Davey is claimed to have injured the pool, was done because of a botched, rushed renovation.

1:17:49So we are keeping all options on the table. There is nothing that the American law abhors more, rejects, hates more than targeting an innocent person. And our legal team is looking at everything. Right now, we want to get the case dismissed with prejudice. We hope the judge will see it our way. And we'll go from there. Real quick, because I have you here, I want to follow up on the Stars and Stripes case. You're involved in that lawsuit. This one's over the Pentagon's recent firing of three staffers at Stars and Stripes, the military publication. Staffers claim they were illegally pushed out for personal statements protected under the First Amendment.

1:18:26Where does that stand right now? We are litigating that case actively. It is on an emergency posture here in federal court in D.C. And this goes with a Democracy Defenders Fund in Action. We have over 300 legal cases and matters, including many of the landmark successes with wonderful partners. Today, I was in court, Washington Litigation Group, Steptoe and us. But these First Amendment cases, we won reinstatement for Karen Atiyah when she was wrongly fired, blamed, thrown out of the post. They have to take her back. We've fought the Paramount-Warners merger, supported the state AGs who are litigating that.

1:19:10The Voice of America case, and now Stars and Stripes, these are very important First Amendment matters, Phil. So we're confident in our arguments. We're proud to stand with these journalists and with our partners in the democracy movement in defense of the First Amendment. That's what it's all about in the United States. Honestly, you being in person means you're out of a courtroom, which I didn't think happened anymore. Norm Eisen, I really appreciate you coming in. Thank you. Thanks, Phil. Well, coming up, the business impact from the frosty relationship between the U.S. and Canada. We'll speak with the head of a Vermont ski resort about how Trump's tariffs are impacting them and why local business owners are on edge as U.S.-Canadian tensions continue to rise.

1:19:58That's next.

1:20:04It's time for our Business Leaders series, where we talk to small business owners from coast to coast about how the Trump administration's policies are impacting them. Close to 400 ,000 skiers visit Jay Peak Resort in northern Vermont every year. Up to half are from Canada. President and General Manager Stephen Wright says Canadian visitors declined by nearly 35 % after President Trump began floating the notion of Canada becoming the, quote, 51st state. Stephen joins me now. I really appreciate your time. I just kind of want to get a better understanding. How would you quantify the impact on the resort after just the 51st state comment, but also just the tensions escalating immediately after that?

1:20:43Well, first of all, thanks for having me on, Phil. You know, we saw the dip in vacation bookings toward us. We have an Olympic-sized hockey rink here. We saw a drop in hockey teams willing to participate from the Canadian side of the border. We saw a bit of a dip in season passes, winter season passes of folks coming to the resort. And all of that sort of amalgamated into about a 30 % to 40 % drop. That was made up for by a massive increase on the U.S. side of the business because we had so much snow last year and eastern skiers stayed with us because we had so much snow in the western part of the country saw a drop and snowfall.

1:21:29So, you know, what we missed in Canadian skiers we made up for in the U.S. side of the audience. You know, but we were a little bit concerned coming into this season that if things turn on the snow side, you know, we may be hurt by that. And it seems like things have continued to turn on the trade and bilateral breakdown side. Last week, when the tariff war really began to escalate again, JP posted a message to its Canadian guests on social media. It reads in part, quote, We understand that right now some Canadians are making difficult decisions about traveling to the United States. We understand why.

1:22:01And while we're not particularly interested in telling anyone what to think about tariffs, trade policy or politics, we do have an opinion about anything that makes good neighbors feel further apart. We don't like it. What's the response been? Well, it's, you know, it's been mixed. You know, on the Canadian side, we've seen a lot of our Canadian audience thankful that we posted a message. Last year, when we posted, we had a blog post after the 51st state narrative piece. Canadians were disappointed in that message. They were sad. They were disillusioned. And you can have a conversation with disappointment.

1:22:38This year, as that blog post came out, there was really anger around that. And it's difficult to speak to anger. This is one of the things that we're finding out. It's prohibitively difficult to have that conversation when folks are angry. We only have a couple seconds left. Are you hopeful that things will come back together here? We're very hopeful. And, you know, we think that, you know, by and large, I think that governments are going to disagree. It's, you know, essentially it's what governments do, right? But Canada isn't going anywhere and neither is the U.S. And, you know, when this particular dispute is over, we're still going to wake up and we're going to be six miles from each other.

1:23:19And we want to get back to working and trading and skiing the most snow in the east here at J.P. with our Canadian friends. And that's that's really going to happen. And we hope that that leadership finds a way through getting through these disagreements. Jay Peak Resort is located in Jay, Vermont. Stephen Wright, really appreciate your time, sir. Thank you very much. Thanks for having me. Well, coming up Sunday on State of the Union, Texas gubernatorial candidate Gina Hinojosa. That's Sunday at 9 a.m. and noon Eastern on CNN. You can follow the show on X and Instagram at The Lead CNN. If you ever miss an episode of The Lead, you can watch the show on the CNN app.

1:23:52Aaron Burnett out front starts now.

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