police say his search history showed phrases such as, how many grams of pure arsenic will kill a human. and, top five undetectable poisons that show no signs of foul play. police say around the time angela was hospitalized again from march 9th to march 14th, james craig ordered potassium cyanide online, the highly lethal drug was delivered to his dental practice. so concerned a staff reported what they found. charges are set to be filed formally thursday, while the case has rocked their community. >> just makes me sick. >> unreal. it doesn't seem like something that he could ever do to her. >> reporter: whitney wilde, cnn, chicago. >> "erin burnett outfront" starts right now. "outfront" next, blow up the country, that's one republican's dire warning if trump is indicted, which could happen as early as tomorrow. this as "outfront" legal expert

says the d.a. must indict. he is here to explain exactly why to you. plus, ron desantis in a new interview calls trump attacks background noise, predicts he can beat biden. this of course from a man who has not declared that he's even running. and a judge tearing into fox news accusing the network of knowingly providing false information as tucker carlson's private texts were shown in a court. we're going to show you what tucker carlson said. let's go "outfront." and good evening. i'm erin burnett. "outfront" tonight, blow up our country, those are the words of a gop senator who warns an indictment against the former president trump, which could come as early as tomorrow, would be disastrous for america. >> it's going to blow up our country, and this is a bunch of b.s. >> now, in just a few hours, the grand jury in new york investigating the $130,000 payment that trump's fixer michael cohen made to stormy daniels, the adult film star, will meet. the grand jury's going to

together again. and that is when they could vote on whether to indict a former president of the united states for the first time. there are 23 of them on that grand jury. it takes a simple majority. you don't have to have unanimity, just a majority in order to get that indictment. but it is not only lindsey graham who's out there warning of doom. a lot of top legal experts say it would be a big mistake for the district attorney alvin bragg to indict trump. >> we don't want to be prosecuting donald trump for a matter we wouldn't prosecute someone else for. >> i'm afraid this has all of the markings of a political prosecution. it's hard to escape that conclusion. previous prosecutors rejected this claim, decided not to move on it, including the department of justice. >> would a case like this be brought against anybody else whether he or she be former president, or a regular citizen. and the answer is no. >> i should note jonathan turley there, the second person you saw spoke was a witness for trump during his first impeachment

trial. but there is another way of looking at this. the former defense department special counsel, the editor of the legal blog just security says that if bragg is following precedent, then he must indict. so goodman's going to explain all of this to you in just a moment. as lindsey graham's words show, this is more than a legal question. it is, in every sense, political, too. all of the players here are politicians. the district attorney alvin bragg is a democrat elected by the voters of new york. trump, of course, is obviously one of the most polarizing political figures in american history. and his fellow republicans have been wasting no time in the political basis here coming to his defense. >> i can tell you from my experience if the defendant wasn't donald trump, this wouldn't be brought by a d.a. that's just the truth. it's obvious that this is a sham. it just wreaks of a politicized investigation. >> i hope that this rogue

left-wing prosecutor does not go forward with something that we are used to seeing in places like putin's russia. >> okay. so those were all the republicans getting in line, backing the republican-declared nominee, the former president. but what's interesting about this is it's not just republicans. there are some prominent democrats who say that this is not a slam dunk. senator joe manchin just moments ago telling reporters that people need to be careful when it comes to potentially indicting trump. warning that an indictment would only help trump politically. manchin saying, it just emboldens him. he's the type of person that's sometimes emboldened by outrageous things. when i think a court system is it perceived to be used for something different, it could have a completely reverse effect. >> i would hope that if they brought charges that they have a strong case, because this is unprecedented. there are certainly risks

involved here. >> well, let's get straight now to ryan goodman. he's outfront, along with our senior legal analyst lauren coats. thanks very much to all of you. ryan, let me start with you. you heard three top lawyers say what other lawyers have been saying that they don't believe trump should be indicted here. but you have gone through history and president. you have come to a different conclusion. >> i have it's actually an empirical question. what we did is we surveyed the last 15 years of all the district attorney offices across new york and saw how many times they brought this particular charge, falsifying business records. and the conclusion is, essentially, if the person's last name was not trump, he would be charged. just to give you a few examples, these are different district attorneys' offices in 2010 a woman goes into the lord & taylor show. she applies for a false store credit by returning merchandise that she did not purchase and then uses that store credit to walk out of the store with additional merchandise.

she's convicted. 2015, another district attorney, just as examples, a married couple has a fire, and they claim that one of their sofas cost $5,000, when actually they paid in cash under $2,000. they're convicted of falsifying business records. another example, 2022, an individual teacher is indicted because she sent a false covid card that she made out to the department of education. another 2022 one is a repair owner in the bronx, files false income tax and then claims $60,000. he should've paid $60,000 that he did not pay in taxes. he is indicted. it's commonplace to charge this kind of a crime. if the evidence is there, it's very compelling how does a prosecutor turn away from that treating everybody equally under the law would mean you bring an indictment if you have the evidence. >> you're saying if you believe you have it, that the precedent

would show that. laura, what do you think? >> first of all, when you look at this, there has been somebody who has been charged under the common nucleus of facts, michael cohen, they have investigated this, but it was for a different and a federal charge. so the idea of just bypassing what the fed decided to do or did not do when you had a change in administration, you had bill barr who became the attorney general who really frowned upon what he perceived as a political prosecution in the courts as opposed to the actual substantive issue. number two, we're talking around the issue of prosecutorial discretion. think about it as if you're driving down the highway. most people probably are speeding, and the cops are seeing you as well. they decide who to pull over. and they decide that based on who might be the most egregious or beyond, this might not fall in the egregious category compared to january 6th and beyond, but the prosecutor has the ability to bring a case if a crime has been committed without regard to the other things that may have happened around it. and this alvin bragg, he doesn't

have to follow what doj is doing, erin, or what the fulton county person. and the fact that he's getting a lot of criticism on this based on his timing, one could look at attorney general merrick garland and fani willis and say why have they not gone yet. >> the speeding analogy, i want to return to that in a moment. but first, how much of a heads up -- and i was saying, look, the grand jury, the 23 individuals there are going to meet tomorrow, simple majority is all that's needed so that indictment could come down tomorrow, could take a few more days, we don't know. but how much of a heads up would the secret service get if trump is going to be indicted? for example, if it's going to happen tomorrow, does the secret service already know? >> that's a good question. but here's the thing. you're talking about one of the most professional organizations in our government. the secret service, i can assure you, is well ahead of this. they've probably been -- in fact, i know they've been talking to their law enforcement counterparts at both federal and state levels. and they know at least a little bit about what's going to

happen, how they're going to handle it, and what to do in a case of different options that could come up. you can count on that. >> so, ryan, the speeding car analogy, it actually says so much when laura brings this up. there are all kinds of reasons why somebody is picked and not somebody else. all of these things play into it in that particular situation. and that just brings me to the point that the political layers here, you can't separate it out. you've got an elected democrat as the district attorney. you've got a former republican president polarizing trump. so does all of this raise the bar, granted subjectively, for how serious the charges need to be to bring an indictment? >> so, in some sense, it shouldn't raise the bar in that everybody's supposed to be treated the same, the u.s. supreme court and the united states v. nixon and clinton v. paula jones has said the president is not above the law, must be treated the same way. recently mar-a-lago, a conservative three-republican appointee panel in the 11th circuit, said the president

doesn't get special treatment. so that's the principle. but, at the same time, we do need to be concerned that the legal system is not used as a weapon. and if somebody is the former president, that raises the concern that we don't want to see prosecutors going after what might look like the leader of the political opposition. so i do think that the prosecutors might have to satisfy themselves. we have overwhelming evidence. and all the cases that i gave as examples that this is more egregious than even the average case. and i do think that this is more egregious. we're not just talking about a few thousand dollars. we're talking about hush money payments in an election and that also leads to state tax crimes potentially with michael cohen. that's bigger than a lot of the other cases that have been prosecuted. >> in this moment, what's this grand jury going to do? what alvin bragg is going to do and then the grand jury, which i guess there is a snowball's chance in hell that it doesn't

go how he wants. last night i played this briefly at the top of the show, he was speaking after bob costello who had formerly advised michael cohen, came out and testified yesterday in front of the grand jury and was speaking about his reputation and character which were both highly regarded. so here's what he said. do you think there is any chance that alvin bragg does not indict donald trump at this point? >> i do think there is a chance. and i think beyond a reasonable doubt that bob costello's testimony tips the scale in favor of not bringing this case. >> is it possible that a majority of the 23-member grand jury does not vote to indict president trump? and keep in mind you're if in new york. >> this is not a voir dire jury in a jury trial that you're getting a little bit of a sense of how they might decide cases. but you're looking at more than the indictment. if you're alvin bragg at the vote tally, you want to be sure

because the burden here is the probable cause, it is very different from beyond a reasonable doubt. so if at the probable cause hearing i have, say, 12 of 23 who say, yep, we're the majority. >> it doesn't look so good. >> that means 11 people, if my math is correct, and it is, that are saying to me you don't even have probable cause, so by the time i go to our trial am igoing to be confident? that's much more encouraging to go forward with the prosecution. >> does this raise the bar? i know you only need a simple majority but he essentially needs unanimity. >> he needs an overwhelming majority. >> so, gordon, there's also a question of course about where trump will be. supposedly he was going to travel to new york, this would be prearranged for the surrender and then almost certainly released. do you think that that's already been agreed to? and if he doesn't do that, if he says he's not going to do that, he is just going to stay in florida and defy what happens

then? >> erin, i think the state and even federal authorities are talking about this as to what would happen if he does turn himself in and if he doesn't. if he decides in florida that he's changed his mind, that becomes an issue to be resolved by both new york and florida legal authorities, not the secret service. however, the secret service and its law enforcement counterparts are going to be talking to each other. they're going to be talking about how do we handle this, if it becomes a problem, if it becomes dangerous in any respect, if it becomes difficult logistically. so they have options. they have a plan, they have options, and they have a good knowledge of what they're going to do if he does not turn himself in. but one thing the secret service, there are two things they're going to, and you can count on this. one is they are going to protect this former president. congress gave them statutory

authority to do that. and the second thing, they are not going to break the law. so, they're going to do their jobs, they're going to do it professionally. i think they're already talking about these scenarios. but they're going to take care of business first, protect the former president and, number two, work with law enforcement to make sure that all of this takes place in a proper way. >> all right, well, thank you very much all of you. really thought provoking here in these final hours and days before this hugely historically significant decision, whichever way it goes, is made. next, mike pence pushing back against trump. >> i would discourage americans from engaging in protests if in fact the former president is indicted. >> former congressman peter meijer who lost his election after voting to impeach trump is "outfront" next. new video tonight of russian forces under attack as putin ramps up his assault on the key city of bakhmut. there have been 175 strikes in

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that the former president is arrested. >> the constitution provides the right to peaceably assemble. but i think in this instance i would discourage americans from engaging in protests if in fact the former president is indicted. >> pence's words come after trump urged his supporters to act if he's charged, telling them, quote, protest, take our nation back. of course, words that echo words he said prior to january 6th. "outfront" now peter meijer of michigan. he lost his primary election after being one of ten house republicans who voted to impeach trump following the january 6th insurrection. congressman, you did what you felt was the right thing to do, and you paid the price for it. so, i know you believe that a possible indictment of trump would be a massive political gift to him in the republican primary specifically. tell me why.

>> it's very clear. and as someone who has seen their share of democratic meddling in republican primaries, this is an easy way to rally the base and to show that, despite maybe the former president's slipping influence within the republican party, at least in the eyes of democrats, he's still the person to go after. and i think that centering we're going to continue to see. the democrats spent about half million in my primary to boost my kind of further right challenger. this is a great example of a way in which they are trying to, again, kind of elevate the candidate that they think has the least chance of success in the general, which is, frankly, former president trump. >> so, speaker mccarthy also dismissed this possible indictment of trump as political. the indictment itself. and i just wanted to play for you what he told our manu raju. here he is. >> this was personal money, this was seven years ago, statute of limitation. and i think in your heart of

hearts you know too that you think this is just political. >> and just to be clear, of course, the statute of limitations expires in may, which is why the district attorney bragg is getting up against a wall here. because there is a statute of limitations, it has not yet expired. but we're on the proverbial eve of that. what do you make, though, of mccarthy's attempts to downplay this? do you think that that's right? >> well, i think it's very clear, no one should be above the law. but no one should also be beneath it. i think one of the frustrations here is that we are talking about a former president. and you can set donald trump aside. the standard that is going to be set for indictment will apply to any former president down the line if that's a texas republican d.a. going after joe biden over some, you know, tangential tie to burisma. if what the district attorney here in manhattan is proposing goes through, we are in new territory, we are setting a precedent. now, specifically with regards to speaker mccarthy, i think it

is inarguable that this is political. you're talking about a former president that is inherently political. and i think it's also, frankly, inarguable that if donald trump wasn't a former president, these charges would not be being brought. these charges wouldn't be being brought now. until you have to in the eyes of the law take the personality out of this. >> okay. which i understand your point. i don't know if you just heard ryan goodman. he's going through and giving examples in new york law where people, for more petty crime of maybe a thousand dollars at lord & taylor have been indicted and convicted of crimes, making the argument that if you were to treat trump like everybody else, you would go ahead and indict. of course, when you layer on the politics of this, i guess what you're saying is perhaps nobody would've even looked this hard or tried to find this if he weren't the former president. is that the argument that you're making, or am i summarizing it incorrectly? >> no. i think it's the fact that there is that level of scrutiny.

and, again, i think it's important to note what the actual charge we're probably talking about is essentially a likely misdemeanor i think to get it to the felony level requires some burdens of poof that i think are arguably will not be established in terms of intent and getting the records around the former president's intent. so essentially we're talking an accounting misdemeanor from seven years ago. we can have a separate discussion on the fulton d.a. grand jury in other parts of potential criminal liability that a former president may be facing. but if this is where we're now saying we're going to break the precedent or cross the rubicon of having a former president indicted over a misdemeanor accounting charge from seven years ago, we're just treading into very dangerous ground going forward. i think it's important that those are involved in this understand what the future's going to look like here. >> and what do you think about the calls to protest? obviously the former president is telling people take our country back, protest. the former vice president mike pence said that's your right.

but in this case i think it's not a good idea to do it. just let the process play out. what do you think? >> i'm certain we'll see some shows of support here or there. i will say one bizarre silver lining of some of the conspiracies around what happened on january 6th and this belief that it was a fed-surrection, that it was federal agent who's provoked it as sort of a false flag syop. any protest that they attend will essentially be exercised in entrapment. i've seen a number of folks on the right, including marjorie taylor greene actively rebutting and downplaying and saying, guys, don't do this, don't protest, especially, goodness, are you going to have a massive rally in manhattan? i think the nypd are probably going to approach it slightly differently than the united states capitol police did on january 6th. >> certainly so. also with the benefit of hindsight. all right, thank you very much,

congressman. i appreciate your time. and i want to go now to david axelrod, the former senior adviser to president obama, our senior political commentator as well. what's your reaction to the congressman as he comes to the conclusion as someone who is not a supporter of the former president in any way, shape, or form, voted for his impeachment, in fact, that he thinks this indictment is not the right thing? >> well, i agree with him in part. i thought it was, and he is a friend of mine, i should note. he's just a fellow at my institute of politics. but the argument that democrats are bringing this case in order to create sympathy for the president and boost his support among republicans i think gives democrats far more credit than they deserve. i think that, of all the cases that have been investigated here, all the probes that are ongoing, this is the least

convincing one, certainly if you're thinking about cases that have heft, that have meaning, and that can be brought and won. if you're going to go after the president of the united states, you better have a case that is serious and that is winnable. so, i don't think anybody would say this is the strongest of these cases. and, as such, i agree with peter that when you're dealing with the president of the united states, that ought to enter into the discussion. >> so, he may decide to run for an open senate seat in michigan. excuse me, david. you spent time with him recently. what do you think about how he's walking that line? >> i think he is in the same position many other republicans are. peter meijer did a courageous thing by voting for impeachment it. >> cost him his congressional seat. now he wants to run for the u.s. senate in a state, michigan,

where the party has gone way far right. in fact, an election denier who is running for chair and supported by trump was beaten by someone to the right of him. and, so, peter is trying to navigate that. and so he has to signify in some ways that he is sympathetic to some of the concerns of the base. this is an opportunity to do it. and this particular case, i would have liked to hear him expound on some of these other cases. because having voted for impeachment, certainly he must think there's merit to the case in georgia, to the case that the special counsel is looking at relative to the insurrection. and the danger here, this is my concern about this case in new york is that if this is viewed as a politically motivated as frivolous, any time you have to use the word novel theory and porn star in the same sentence, it raises questions.

so, and it potentially taints the other cases. today, kevin mccarthy was saying, you know, it starts here and it's going to go from here to -- and that's what trump and his supporters want to do. they want to use this case to taint the other cases that are, in my view, far more serious and go to the heart of democracy. >> one final question, david. governor ron desantis dismissing the, quote, desanctimonious, a nickname given to him by the former president, saying he can't even spell it, and he's not sure what it means, which is not true. you can call me whatever you want, just as long as you also call me a winner because that's what we've been able to do in florida. desantis is calling a possible indictment of trump political. but he's also taunting. here he is. >> i don't know what goes into paying hush money to a porn star to secure silence over some type of alleged affair. i can't speak to that.

>> so, he said hush money and porn star twice before he defended trump. what do you make of the defense? >> right. the defense -- he is walking the same mine field in some ways as peter meijer. he's trying to satisfy the base and separate himself a little from trump. but i think there is an argument that he and other republicans can make, should make, which is there is so much noise around donald trump, there is such a circus around donald trump that no matter how much you like what he may have done as president, it's just a big, big burden to take into an election. and i think this issue about whether he can win is going to become much larger as time goes on here. >> all right david axelrod, thank you very much. , and next, putin wining and dining xi jinping, putting out the luxury and the opulence as the fighting ramps up in ukraine. plus, new reporting on putin's surprise trip to

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tonight, new video into "outfront" of russian forces under siege. they're highlighted here on your screen. russia of course has sent waves of forces to try to capture bakhmut. in the past 24 hours, we understand there have been 178 strikes on the area. ukraine, though, still as of now holding the line. you see the carnage of this particular strike on the left side of your screen. this is what's happening on the

ground. a russian soldier drag his comrade to safety. on the other side of your screen, the show, the opulence, everything is fine, everything is normal in moscow for putin and the chinese leader xi jinping. the russian president wining and dining xi jinping serving up an opulent state dinner and meeting today again with the communist leader for three more hours of talks. and outside the walls of the kremlin, putin is now shutting down anyone who tries to talk about what's happening in ukraine. just today a nobel prize winning russian human rights group said one of its leaders was arrested in moscow. oleg spoke out just before he was questioned by police. >> translator: why are they detaining you? >> translator: it's related to accusations against me that i support nazism, an idiotic idea. >> i want to begin with ivan watson. what is the latest on the ground in kharkiv? >> reporter: right. well, tonight we've heard of the

russian war planes over the black sea firing missiles at the southern port city of odesa. the ukrainian military says that their air defense shot some of these down, but at least one of the projectiles got through, has caused some images, damaged a three-story building, we're hearing from the ukrainian military. in the meantime, the focus of the fighting is still this small ukrainian city in the southeast that the russian and ukrainian militaries, they've basically been fighting this deadly grudge match since the summer, pounding each other, killing each other day and night, day and night. the leader of this wagner mercenary group from russia that's been at the forefront of that battle claims to control about 70% of it after months of fighting, the ukrainians say they still control some of the city center, a major in the ukrainian military says the key is to still maintain control of one road out that the ukrainians still have of this partially

encircled city that is so essential for evacuating the wounded, for bringing in supplies. there's another small ukrainian town to the south of that that is also the scene of intense fighting. these areas on the eastern front is where so many people have been losing their lives week after week after week in this terrible war. >> it's absolutely terrible but of course so important what you're saying is the russians are now trying again that assault on odesa. thank you so much, ivan. and, so, just how valuable is what's going on in moscow? that's xi's visit to putin. selina wang is "outfront." ♪ >> reporter: russia's vladimir putin rolling out the red carpet for his, quote, dear friend, chinese leader xi jinping, greeting each other for their second day of meetings in moscow. despite skepticism from the west that the visit is more about supporting russia and furthering beijing's own self-interests. putin and xi signing an economic deal, deepening their partnership, and calling for an

end to actions that increase tensions in the prolonged war in ukraine. >> translator: of course, we did not ignore the situation around ukraine. we believe that many of the points on the peace plan put forward by china are consistent with russian approaches and can be taken as the basis of a peaceful settlement when the west and kyiv are ready for it. but this readiness is not observed on their side. >> reporter: since the war began, russia has become far more dependent on china. china has been propping up russia's economy amid western sanctions by purchasing its energy, replacing western suppliers in electronics, cars, and aircraft, and providing an alternative to the u.s. dollar. in russia, there is some cynicism about beijing's motives, on a russian state tv talk show, this military pundit said, china can have only one ally, china itself. china can only have one set of interests, pro--chinese ones.

chinese foreign policy is utterly devoid of altruism. touting the benefits of the russia/china relationship, and its all positive comments on china's heavily censored social media. this one says, cooperation and win/win, the next one says, long live china/russia friendship. disagreements, if any, are censored. by meeting with putin, xi wants to highlight his role as a global statesman that can offer an alternative to the current world order. and, erin, the real tangible outcome from this meeting is be beijing deepening ties in russia in ways that benefits itself. that's going to likely give china even more leverage on its relationship. it really boils down to publicly declaring neutrality, supporting putin, but paying no price. that's why analysts i speak to say it's unlikely china would provide weapons because they do

not want to pay a price for this relationship. erin? >> thank you very much. let's go now to a russian journalist, the founder and editor in chief of the investigative journalism site which has been targeted by the russian government. he left russia facing the threat of a prison sentence. roman, i'm glad to talk to you again. a moment ago i mentioned the nobel peace prize-winning group in russia, one of its leaders taken in for questioning today, released on bail for allegedly discrediting the russian armed forces. and we've heard about a number of similar arrests recently. is putin getting more aggressive at this time in cracking down? >> yes, it's absolutely correct. in my view, the kremlin has clearly launched a brutal campaign against so-called internal enemies. and unfortunately i'm afraid we will soon see very bad news of this kind from russia.

>> these stories are obviously horrible as they cross and the prison sentences being handed out. i also know you've been doing some reporting on putin's trip to the russian occupied city of mariupol over the weekend where he was -- just looking at those buildings, that's not what mariupol looks like. they would have had to put some sort of facade on him. at one point he was heckled by someone off camera. i want to play that moment. they yell, this is not true, it's all for show. seemingly surprising to putin's security detail. and of course as you know, roman, there's been some talk that putin wasn't actually even there, that he was either somewhere else or was a body double. this has been coming from official channels even in ukraine. and i know you did a lot of digging on it. what did you find? >> yeah, we did some geolocation research, and we have

established that putin was indeed driving through mariupol. and, moreover, our colleagues from other russian media, they also identified some of the people who got the footage, and these people really live in mariupol. so, all this in total suggests that the visit to mariupol, as well as the visit to crimea and to the military base, they really took place. but the details matter. first, the visit was very secret. for example, not a single journalist in moscow knew about the trip. putin simply didn't take them with him. second, there was a very limited list of officials traveling with putin. this suggests that the trip was kept secret until the very last moment. and, finally, it's important that the trip took place at night for the sake of greater safety. and it shows us that the kremlin was really afraid of information leaks.

it turns out that the kremlin do not trust even the officials surrounding putin. >> that's pretty incredible that they would think that that could be a threat to him and his safety says so much. thank you so much, roman. i'm glad to talk to you again. >> thank you. all right. and, next, a dramatic day in court. a judge grilling lawyers for fox news and tucker carlson's personal texts shown in the courtroom. plus, chilling details emerging in the case of a colorado dentist accused of poisoning and killing his wife, including what investigators say are internet searches that include, quote, how many grams of pure arsenic will kill a human. ♪ geget directv with a two year price guarantee.

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tonight, tucker carlson's personal texts with fellow anchors laura ingram and sean hannity shown in court overseeing the 1 is$.6 billion defamation case filed by dominion voting systems. the judge asking how fox could argue it was being fair in its reporting when the network was knowingly spreading false information about the 2020 election. jessica schneider is "outfront." >> fraud is something that is real that just took place two weeks ago. >> reporter: the on-air words of tucker carlson and other fox news hosts at the center of a $1.6 billion defamation case brought by dominion voting

systems. lawyers for the voting machine and softwaremaker telling a delaware judge today the fix was in, arguing that fox producers and hosts knew the claims that dominion rigged the 2020 election were false. even when they continually booked guests like sidney powell, who perpetuated the falsehoods. >> the dominion voting systems, the smartmatic technology software and the software that goes in other computerized voting systems here as well, not just dominion, were created in venezuela at the direction of hugo chavez to make sure he never lost an election after one constitutional referendum came out the way he did not want it to come out. >> reporter: fox news maintains it is proud of its 2020 election coverage and that it is fully protected by the first amendment, arguing it can't be held liable for airing newsworthy allegations from public figures. >> and there are other aspects of this fraud that, at this point, i really can't reveal.

this is really enough. it's enough to overturn any election. >> reporter: a judge will now determine whether to decide the case on the claims already presented to him or if the case will go to a jury trial next month. the decision comes as a fox news producer is suing the network for allegedly quocoercing her i giving testimony. misleadingly coach, and manipulate her to deliver shaded and/or incomplete answers during her sworn deposition testimony. fox news responding that attorney/client privilege prevents it from commenting on the claims. but the producer is now on administrative leave from the network. if the defamation case goes to trial, they want to put rupert murdoch on the stand as well as his ceo son lachlin. and then saying, i would have liked us to be stronger in denouncing it in hindsight.

fox news is resisting efforts to put rupert and lachlan murdoch on the witness stand. both sides in this case will be back in court tomorrow. and if this case goes to trial that, trial would likely start some time next month. >> all right, jessica, thank you very much. incredible to imagine if that actually happens if they do not. the author of "catch and kill" will be on the show coming up at the top of the hour. the colorado dentist accused of poisoning his wife. and an "outfront" update tonight. an american citizen sentenced to 16 years in a saudi prison for tweets sent while he was in florida has been released. it's an amazing story, but you'll hear why his family says he is still not free.

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tonight shocking new details about what police are calling a, quote, heinous, complex and calculated murder in colorado. the dentist james craig, he is a dentist in aurora is accused of poisoning his wife with arsenic. they were tipped off by employees in his practice who suspected he was responsible for her death and then they found search history on his office computer. josh campbell is out front. >> reporter: a colorado dentist now preliminarily charged with first degree murder. accused of killing his wife by poison believed to have been given to her in protein shakes. >> i love to make dentistry easy for people. >> reporter: he's seen here in this video for his dental group

arrested sunday by aurora police. his wife angela craig died wednesday after being hospitalized for a third time in a month. this time complaining of severe headaches and dizziness. the 43-year-old mother of six soon had a sheeizure, went on a ventilator and then was pr proclaimed brain dead. a forensic analysis showed premeditation on his computer. an arrest warrant affidavit states craig used an office computer to research multiple undetectable poisons and make internet searches including how many grams of pure arsenic will kill a human? and youtube searches for how to make poison and top five undetectable poisons that show no signs of foul play. craig also allegedly used a new email account to order arsenic online. >> that's very damning evidence and then if the autopsy results show that she was poisoned there's arsenic in there,

natural question will be what other source could it have come from? >> reporter: two days after the package was delivered to the craigs' home angela went to the hospital complaining of disney sasha and eye problems. that day they recovered screen shots of text messages between the couple showing angela messaging james craig, i feel drugged. his response given our history, i know that must be triggering. just for the record, i didn't drug you. i am super worried, though, you really looked pale before i left. >> symptoms of arsenic toxicity are jem g.i. related, problems with your heart leading to a dysrhythmia and the heart's inability to pump out blood. >> reporter: investigators says james craig had potassium cyanide delivered to his office before her death and one worker mentioning it to a nurse who notified police. neighbors stunned by the alleged murder and arrest.

>> just makes me sick. >> doesn't seem like something that he could ever do to her. >> reporter: now, as far as the motive authorities say in looking through the digital forensic evidence of craig, they discovered that he was allegedly involved in a romantic relationship. now, we are not naming that other person. there is no indication she knew anything about this alleged murder. but authorities say they believe that based on the totality of circumstances he wanted to kill his own wife in order to start a new wife with this other individual. we've reached out to his attorney for comment and have not heard back. he is expected to be formally charged later this week. >> unbelievable story. an unbelievable story. all right, thank you so much, josh campbell. >> you bet. next an "outfront" update. the american citizen sentenced to 16 years in prison for writing a critical tweet about the saudi government while in the united states has been released but why won't the saudis let him return to america? ♪

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sentenced to 16 years for tweets he wrote while in the united states about the saudi government. one tweet went so far as to suggest that a street be named after the journalist gentleman ma'am cha showing by whose murder was approved by the saudi crown prince according to u.s. intelligence and that ended up with a 16-year prison sentence. i spoke to his son when he was in prison and told him about the conditions there. >> they wake them up in the middle of the night and prevent him from sleeping. they torture him until he convicted himself by saying he sent tweets to destabilize the kingdom. >> saad remains in saudi arabia. he's now under a 16-year travel ban and his son tells us he is not free until he is in the united states. thanks so much for joining us. "ac360" begins