Is more like it the same goes for my foot work. Why one handsfree with wide fits, get your sleep dry wipe fit sketcher, slip a game of risk that prosecution may have just lost. Good evening. Im abby phillip in new york tonight, the Trump Defense strategy was obvious from the job. It was to paint Michael Cohen as a line liar obsessed with revenge but what was an open question as crossexamination started was whether he had the strategy would actually work. Of course, we wont know until the jury actually renders its verdict. But if anything made israel, the governments case against donald trump, it might be what happened today. Todd blanche, the lead lawyer for the former president , is on the attack. He asserting that a phone call that cohen claimed was about the Stormy Daniels payment hey, man wasnt made to trump at all, but rather to Keith Schiller, whose trumps bodyguard. And it was about Something Else entirely. Now, cohen has claimed that the call drove directly the heart of the case that donald trump knew the intimate details about the 130,000 payment that cohen would make to silence adult film actress Stormy Daniels. The defense instead said that it was about crank calls and that was based on Text Messages that cohen had sent Schiller Fixating on the pranks of a 14yearold just minutes before that phone call happened. Now, it is an Alternative Theory that threatens to collapse the prosecutions case like a Wobbly Banga Tower The Defense highlighted cohens alleged lie after alleged lie to catch him, cast him as the opposite of a reformed truth teller. And they used cones, own words against him. They replayed portions of his podcasts the jury listen to cohen in his heavily accented new york baritone. They promised t promised to make sure that trump brats i truly hope that this man ends up in prison. It wont bring back the year that i lost or the damage done to my family but revenge is a dish best served cold. And you Better Believe i want this man to go down and rot inside for what he did to me and my family joining us now, nick ackerman, former assistant special gw watergate prosecutor tim parlatore, cnn legal commentator, and former Trump Attorney for former attorney for donald trump Stacey Schneider is a criminal Defense Attorney and former apprentice Contestant Joey Jackson cnn legal analysts and dante mills, civil and criminal attorney weve got enough lawyers, i think at the desk here today, which is great because this is this were getting to the point where the lawyers are really necessary here. But joey and dante, can you please walk us through some of the key parts of this crossexamination in all of your theatrical glory. No doubt this was a big day today, i would say for the defense made your revelation, so lets get right to it. I will be the Defense Attorney. Im gonna be colon, but im thats my family, not the Hold It Against Me so blanche and here here it goes. When you testified on tuesday that that you had a specific recollection that a oneminute and 36 minute phone call on october 24th was not with Keith Schiller. He of course, is the president s body man right . Bodyguard that you called Keith Schiller and he posed and pass the phone to President Trump. You finalize the deal with Stormy Daniels and you said, were going to move forward and he said yes, because you kept them in all the time. That was your testimony, right . Thats correct. That was a lie. You are actually talking to mr. Schiller about the fact that you were getting Harassing Phone Calls from a 14yearold, correct part of it was the 14 yearold, but i know that keith was with mr. Trump at the time there was more than potentially just this thats what i recall based upon the documents that i reviewed five minutes ago, i asked you if you remember Harassing Phone Calls and you said no. And then i refreshed your recollection. Its totally fair if you dont remember, but now youre testimony is that you were testifying Hi Truthfully on tuesday to a oneminute and 36 second phone call and you had enough time in that one minute and 36 seconds to update mr. Schiller about all the problems you were having with these Harassing Phone Calls and also update President Trump . On the status of the Stormy Daniels situation because you had to keep him informed because every time you make any decision, you ran it by the boss. Thats your testimony. I always ran everything by the boss immediately in this case. It could have just been saying everything is being taken care of. Its going to get resolved. Thats not what you testified to on tuesday, you said you had a recollection of a phone call on october 24th and 802 pm, where you called mr. Schiller and gave the phone to president then trump, and you told President Trump about the updates that you were moving forward with the funding and he said, okay, go that was a lie. You did not talk to President Trump on that night. You talked to Keith Schiller about what we just went through. You can admit that. No, sir. I can. I am not certain that is accurate. You are certainly was accurate on tuesday when you will under oath and testifying, you are certain it was accurate. You had a phone call to President Trump, but now you are saying you are not certain it was accurate based upon the records that i was able to review in light of everything that was going on believe i also spoke to mr. President trump and told him everything regarding the Stormy Daniels matter was being worked on. And its going to be resolved. Were not asking for your belief. The jury does it want to hear what you think happened so abby, this is a big deal and ill tell you why its a big deal. So much of the prosecutions case has been predicated upon the notion of corroboration for everything that of course was testified to. Write by Michael Cohen. Theres one critical component that has not been corroborated and that is the details with respect to what he told trump and whether trump was aware of the nature, the purpose the structure of this arrangement. Guess who was on this phone call when he was calling . It was either only schiller or which trump . Trump is a defendant who doesnt have to testify, so he can keep quiet and shell im sure if you brought him in there, the body man, hell say he was talking to me about the harassing for it 14 yearold. And so this element of corroboration goes to a core issue in the case, the fact that the prosecutor didnt initially and direct examination get out. The fact that he could have been talking about a 14 harasser in addition to updating the president is a big deal. I think it was a game changer and it was so easy to do. Yeah. All they had to do is say on that call, did you talk about Anything Else . Yes. We also talked about the 40yearold and none of this would have been a problem. But when youre relying on colon to seal the deal and fill in those gaps that you have in your case. And now you have a clear clear example of him probably lying or may be lying about one of those gaps i think that leaves some either a major screw up by the prosecution or if the jury views it as an intentional omission of Important Information thats really problematic. It is an and to me it seems like a screw up. The prosecution, they should have caught blowing this is such a minor little blip on the scheme of things first of all, you cant ignore the fact that there are 250 some odd documents that basically backup what cohen has said, what pecker said what all of these various witnesses have said . One little phone call like this. This is not im notch ammonia i had this happen before in a trial where i had a guy who said he was at a certain place, at a certain time for a meeting. I was able to get restaurant records that show absolutely not. He was at a different place at a different time this is not that kind of see its huge because take just let me let me tell you why its a two part crime, falsifying Business Records, the felony in New York State requires that theres intent to falsify the records and there has to be either the commission or the coverup of another crime so i will concede with you one point only and that the prosecution did really well in establishing the other crime which was perhaps election interference, perhaps even a tax fraud. That, thatll come later. But the Michael Cohens act was established by all those other witnesses, david pecker, whom you refer to. But now we come to the crux of the New York State penal code, which is did donald trump had the intent to falsify the Business Records with only Michael Cohens Testimony Saying what Donald Trumps new or directed or ordered thats the only thing that people have. The people, meaning the people of the state of new york, the prosecution it is true, it isnt true. Theyve got those records because youve got the notes of weisselberg or hes writing down the 420,000 heisenberg, are the notes of weisselberg Michael Cohen is the link between Allen Weisselberg and donald trump. And it is his word that is the bridge between those two. Thats not right mcconney also identified those records and he identified them as being in weisselbergs handwriting. He doesnt talk about why it is not on Trial Designs coming out. Lets be a close case. Hi, to be called psaki. Interrupt you, abby, but there was after tuesdays testimony, i believe there was a conference with judge merchan and the attorneys about where is weisselberg . Its almost like the wheres waldo situation and weisselberg is now on Rikers Island serving a sentence for perjury so the prosecution has no incentive to bring him into this case. They already have an issue with Michael Cohen being an alleged perjure or a perjure either alleged or on alleged. Hes not coming in. So the only tie to Donald Trumps knowledge at this point in the case, which is why this is such a big turning point. Is Michael Cohens testimony. So if the jury doesnt, by the connection and if they do rely on this phone call and its not cleaned up properly by the prosecution. They got problems, so i want to read a little bit of justice for context. Just people understand exactly what Michael Cohen sai earlier this week. This was on monday during direct with the prosecution this is susan hoffinger. She says, why did you need to speak with mr. Trump at that point in the evening on october 24th, cohen says to discuss the Stormy Daniels matter and the resolution of it, hoffinger says, and did you have an understanding about whether during that conversation you resolve that you were moving forward to fund the deal. Cohen says, yes so he makes it a pretty hinge conversation where its like he had this conversation, but he knew that he could then move forward if i can do when youve got youve got that. Congress doesnt make any difference. You said he spoke to to trump, spoke to keith. Has one to bodyguard issue. What you do. I thank in direct examination as the prosecutors, you say, sir, there came a time you made a phone call, right . He get he gets into the specific phone call. And in that phone call, tell us about it. Well, there was a 14yearold harassing me and i addressed that with the security personnel, but trump was right there. And at that time, i had a conversation nothing said about it. Its not said that not set in the grand jury, but the defense has something to say. So now all of a sudden that wasnt the only thing i talked to him about right. It was about the 14yearold and it was this so it looks like the bottom line is i think youre doing exceptional lawyering, which is what they are going to have to do. Write that man thats the thing is that theres a lot of corroboration for a lot of these go the other acts. But those are not the crimes. So theres not the elements of the crime. What youre doing is exactly what prosecutors we would expect them to do. They would say look at all the corroborator fission of all this other stuff. But since thats not the elements of the crime, the actual elements that they need to prove as his personal involvement, his personal knowledge. Theyve corroborated Michael Collins evolvement. Theyve corroborated how am weisselbergs involvement. But to actually connected to trump, they need to the contents of these phone calls which we now know, Michael Cohen lied about. What you cant say. He lied about it. At best he was mistaken about another issue that came up at the time, clearly at that time, if you look at all the circumstances, what was going on in terms of Stormy Daniels . He had to get his permission to pull the trigger real thing is you hinge everything on that conversation, they said, well, we know we have to prove that trump knew well, cohen, youre on you understand how do we know, how do we know trump knew what on this particular call . I told him this is the call y got permission. Now, that call was about Something Else at least. So he hinged everything on that call. And now that cohen is everythings not hinged on that call, its also other conversations, other meetings where it was basically decided at that point how this money was going to be paid out. But the interests winning all these lets just check a second because i do think that there is a point to be made here that again, it doesnt really matter whether or not donald trump had a conversation with Michael Cohen about whether Michael Cohen was actually going to pay Stormy Daniels because to your point, that is not what hes charged however and this is what i think you got to address Michael Cohens credibility is on the table here as it relates to another big part of part of this, which is at the end when they are deciding what to pay him and how to structure and he is the person who says that donald trump knew about them hes the only person whos saying that. Well, its also donald trump who signs or think its also donald trump on tape. Who knows about the whole scheme when hes talking about karen mcdougal. But you cant just look at this in isolation because the problem with that is yes, he signed the check. But did he put the annotation into the book . No. They has to play a lot. You dont have to know, but, but its a false Business Records rights. And so the false Business Record is not the signature on the check. Its the annotation of what the check is four, because if we its the invoice, it goes out papal to the can. So and thats what he saw when he signed each and every one of those things. Thats going to come forward. This is trumps defense without him taking the standard saying it. I was in dc, Michael Cohen didnt get paid until 2017 when those check started going out. I was in dc running the country. I was just i was not dealing with the Trump Organization in new york, whatever they did over there Allen Weisselberg did it and he knows how weisselberg isnt coming into court because hes in jail right now bringing up hes got the perfect way. And it just got confirmed. Im not saying the outward when with the jury because there was i agree with you. There was corroboration on the catch and kill scheme and all those people. But the crux of the charge is, did trump had the intent to falsify the Business Records of the Trump Organization, and we have one more point that the people id say think is obvious. If you think about this whole thing, why is trump in trouble here . He could have done a side deal with Michael Cohen, who is his private attorney, who wasnt really even working for the Trump Organization anymore at that point in time, trump was transitioning. He was on the campaign he could have just said michael, lets take care of this between the two of us and ill give you the money, whatever take care of it. But what happened here is that money allegedly was run through the Business Records almost like a tax deduction, like taking your family out to dinner for a Business Meal and then running it through your tax deduction. It was like it was grossed up yes they could have just reimbursed cohen and i didnt trunk the head to know that this thing was all screwed up and was done in a way to high about to what they do at this point. Maybe this was a slam dunk for the defense but they have a choice now, do they continue . Do they put on there there their part of this or do they just rest and let the jury sit with this and go into deliberations i mean, they dont have the burden of proof here. Im do they do they wanted to leave it to chance or do they need to call some extra witnesses to further break down . Michael cohen . Its credibility. Have an opinion on it. Youll listen. I say im always less is more and theres things that should be left unsaid and left alone. And the other thing that concerns me, abby very much is that remember, right. What happened here is that the federal Election Commission was told based upon mike go cohens information, that donald trump was not involved, that the Trump Organization was not involved in other good point paid it all by himself and so which one is it in 2018 through your lawyer, youre giving the indication, right. When a special Interest Group comes along and say, wait, theres a finance problem, its a finance problem. He goes on record that is mr. Cohen saying trump had nothing at all to do with it. I did it all myself. He has no knowledge or understanding, but now its all on you at those things concern me. Hes an attorney, so they also showed that now he hates trump. He said he wants to put trump in jail. He knows what he would happen to say to make that happen. He knows what gaps had to be filled in. He has to prove that trump had knowledge. So if he knows he has to do that, he can say, oh, no, i told trump on this phone call because he knows he has to do that. Now, they show that that called may not have happened. So i think itll be fairly easy to convince a jury that this attorney is now oh lying to fill the so get in trouble. Probably the defenses case, but can i just plot to one point that you were asking about what should the defense do and i agree with show a less is always more, but i think based on some signaling from donald trump during his alleged gag order violations when he kept talking about Michael Cohen. And why am i indicted . All i did all they do it was taken invoice from a lawyer, Michael Cohen, and they put it on the books and now im in court being indicted so they really need to distance him from this whole thing. So all they could do is bring in Somebody Else from the Trump Organization because the da the prosecutor, already brought into people from the trunk organization to talk about the controller and talk about how the books work. But if they could just bring someone in to say or even imply, trump didnt tell us how to put this in the books and then if you keep working with Michael Cohen and not connecting that through trump, they have a good chance of beating the case through that situation. Thats my defense theory. Theres so one way of doing in that also is weisselberg, right . Hes not being called, so theyre going to get a missing witness charge for him. Well, they wont valuable witness. Yeah he is. And hes not hes youd have to prove you dont have to prove he would be a favorable live, judge last week, he might bring him in and actually force them to take the fifth. Yeah, thats what hes grinder to judge was was kinda running that by the lawyers and both sides read that whole colloquy between the judge and lawyers on both sides there like hes not good for you nobody wants hes got problems for both sides. Use the comp and they kept saying, even emil bove kept saying trumps counsel. Judge, this is a Allen Weisselberg is a complicated witness, a complicated see, i said he is. I dont think its either going to is in prison he is in prison for perjury. Theres that everyone stick around tonight. Theres a word that Trump Defense may call a surprise witness and his name is bob costas hello how his testimony could end up delivering a bizarre twist to this case. Plus by President Biden is asserting Executive Privilege to keep public the public from Hearing Tapes about himself and its got a lot of you talking tonight. Did a Supreme Court justice fly a stop . The steal flag at his home . After january 6 we have the details ahead the whole myth has to be reimagined feed if you didnt know whether you were next they were both tied up . Yeah. Yeah. I was called in so what turned out to be the biggest archivist in history it went from gold medal winning icon to a pariah what really happened with jesse l. Martin, sundays At Night On Cnn that they blocked the road trip. Everyone comfortable, yet theres plenty of space. I gave me gun no logo, no lets just wait them out the volkswagen atlas with three Revenue Seating for seven, Everyone Wants arrive okay. Good and see despicable me before and theaters july 3, rated pg to give your teeth a dentist clean feeling, start with a round brush head, ad power and youve got oral day round cleans better by surrounding tooth to remove 100 more plaque for a superior clean oralb brush like a pro seconds jamaica. Sallys now odd with rates from 1909 for a person per night this is sad, those dots com, or call one 800 sandals it appears that despite my sinister efforts employees are still managing their own hr and payroll why would you think mere humans deserve to do their own payroll . Because their livelihoods depend on it, because they have bills to bay. Hear me now return the world of hr and payroll two, its rightful place of chaos well, face as of unnecessary likes of which you have never seen my grimy film on your teeth, dr. G actually the bill double attack bacteria, which can cause cavities. Most toothpaste quit working in minutes, but cresco helps antibacterial fluoride protects all day stuff, county before they start crafts for 13 million americans were affected. My Identity Theft in 2022, and the threats are more than you realize if youre a victim of Identity Theft, lifelong works to fix it on your behalf backed by the Million Dollar protection package, enroll. Now we decided to put in an inground pool, a literally went on angie and typed in cool, getting to talk to different contractors, see different bids we wanted something beautiful, we wanted something that our children would feel happy swimming in, and we love it gets started today at andy. Com. What is Circle Surplus the field to take Flight Circle is the energy that gets you to the next level. Circle is which whole for life tosses limits away circle available that walmart and drinks circle. Com, you give and you give, now you get with Straight Talk wireless, you get unlimited data and you get to choose who gets on your family plans starting at just 25 a line, doesnt have to be family a slow network is no network for business. Thats why more choose Comcast Business. And now, were introducing ultimate speed for business our fastest plans yet. Were up to 12 times faster than verizon, at t, and tmobile. And existing customers could even get up to triple the speeds. At no additional cost. Its ultimate speed for ultimate business. Dont miss out on our fastest speed plans yet switch to Comcast Business and get started for 49. 99 a month. Plus, ask how to get up to an 800 prepaid card. Call today slash tv to claim your 5 trial um, Zachary Cohen and washington. And this is cnn credible or a croc of, you know, what, you can boil the trump case down to that binary choice and which way the jury will ultimately feel about Michael Cohen entering today, Donald Trumps defense seemed poised to call one witness or no witnesses at all. The former president of the United States. Now, the defense is considering calling bob costello according to a source familiar with trumps legal team strategy, costello can offer a clear cut contradiction to cohens narrative and you dont have to look far at all to see a preview of what that former attorney might say about his former client you keep than bringing up the subject that he felt he was betrayed by not being brought down to washington dc. This guy thought he said to me that he should have been Attorney General of the United States were at least the chief assistant to the president. Ludicrous, but thats what he thought. And he was very angry about that. He wanted to do something to put himself back into the inner circle of donald trump. Thats why he took care of this on his own but i was costello testified before the House Judiciary Subcommittee By Panel is back with me here. Tim. First of all, very bizarre to see a former attorney going to congress to testify against his clyde. But then again, thats what Michael Cohen did with donald trump. So theres that but what do you really think . Thank bob costello has to offer here or is it not worth opening this particular can of worms . I think he has something pretty significant during the direct testimony earlier this week, Michael Cohen talked about how bob costello and Rudy Giuliani were dangling a pardon in front of them to keep them loyal to the president thats the same story that he told to the Southern District of new york, Us Attorneys Office they opened a criminal investigation into bob costello, Rudy Giuliani, for witness tampering for that. They call bob costello in and he brought in all the emails, all the Text Messages. He sat with them and showed them how not only did that not happen, but michael comb was begging repeatedly for a pardon to have Bob Costello SRudy Giuliani. And when Rudy Giuliani went and came back and said the president says he doesnt want to talk to anybody about pardons, and he doesnt want to brought up again thats when all of a sudden Michael Cohen goes into meet with me with the us attorney about trying to cooperate. So just to backup what youre seeing here, heres what cohen said that he interpreted. Bob castellows communications to him to mean this is not exactly what he said, but this is what cohen says. He thought it meant this is part of the Pressure Campaign that everyone is lying to you, that you are still regarded the president s still supports you, do not speak, do not listen to what any of the journalists or anybody are saying and stay in the fold, dont flip, dont speak, dont cooperate. Thats how he characterized it to the jury in Court Earlier this and how we characterize it to the us attorney in his office. And then based on the information that bob costello gave them, thats why the Us Attorneys Office dropped him as a cooperating witness. So would this be a big risk for the defense to call bob costello because i mean, i hear what youre saying. But the communications, some of them are not great for bob costello. Hes got, hes got real problems here, but i think what really happened here was that bob costello was brought in by rudy juliana. They very, very close bob was basically one of the bundler for his marrow campaign when rudy ran for mayor the first time, they were in the Us Attorneys Office together and i think what Michael Cohen was doing at the time thats when he was in his lot total lying mode because he was trying to ingratiate himself for the trump people and stay within the fold. Hold he was trying to get them to pay for his attorneys fees, and he was trying to make it appear as though he was still a member of the trump team. And so what bob costello knows is that i mean, thats what bob costello was told and so what hes saying is basically what was meant for trumps ears. And if you really kinda break down what these socalled lies are that were brought out during the crossexamination a lot of them really have to do with just toeing the line for donald trump and lying for trump. Thats a quick question about bob costello because ive heard him be described as Michael Cohens lawyer. I think Michael Cohen said during testimony he was a legal adviser, never had a retainer, was never actually paid for. It is not as what isnt that a very dangerous line for a lawyer to walk because hes disclosing attorney. Hes not attorneyclient hes not because what happened is Michael Cohen went to hire him. Yeah, he was not operon. Im by Rudy Giuliani. Thats been a false rumor. He actually, Michael Cohen has a long time really with jeff said tron, who is bobs partner. He went to citron who said, well, im not really a criminal lawyer may bring him bob they had several meetings. They were going through the Beauty Pageant of are we going to hire you . Am i going to hire Somebody Else . He ultimately decided not to hire them for the case. But when he accused them to the Us Attorneys Office, the Us Attorneys Office had him sign and unconditional Privilege Waiver and it was only because of that unconditional Privilege Waiver. And the accusation that he made against bob that the Us Attorneys Office found was totally unfounded. Thats why hes able to talk about this stuff. So i dont see any parallel, power whatsoever. You only have but 30 i know that youve been in touch with him. Yeah two i spoke to him yes. Okay. So does he want to testify . Has he been asked to is there any indication that hes preparing to be in that in that witness booth. I know that he would like to testify as to whether hes going to i would leave that as it from the needle doesnt move. The needle. He said he said, why does he need it to be a part of an intestine away . As our profession wrong lawyers up here on the tenth as serious say, oh my client were pretty so heres every conversation we had. Y will be we be motivated to do that. I just dont understand theres a couple of reasons. One is because she accused bob of a crime too, is that when he saw the lies acoma saying he actually went to both the trump team and alvin bragg to provide them with this information. Alvin bragg refused to meet with them. He did go before the grand jury. He gave them all the emails that chunk called trumps people called six point so collateral and so often its like what im doing here and embed this is if nothing is an interlope trial that is all about some shady lawyer everyone. Thank you very much. After years of defending donald trump, asserting Executive Privilege republicans are suddenly very outraged when joe biden does, it will show you the tape plus a wild report tonight did the home of a Supreme CourtJustice Samuel alito fly a stop the steal flag after january 6. The reporter who broke that huge story joins me next were trying to save the planet with nuggets because we need the planet and we also need nuggets impossible. Were setting the meat problem with more meat nd thats why i never. Drive those guys parties have a big guy retired if i dont want to get my truck dirty with Whether Tech Laser Measured for liners front and rear a seat protector, and full bet protection trucks are totally covered. You just got whether tax buddy, lets get dirty dr. Worryfree with these americanmade promise of whether tech. Com allergies with allegro, they wont stop me nothing beats allegro. Its the fastest non drowsy 24 hour allergy relief live. Your greatness. You know, if your cashback and you could earn on everything would just one car chase freedom unlimited. So if youre off the rockin or grabbed fracking, your cash back in, cash back home . Hi, objects, baby back for tacos at the taco shack. Im working on my six pack switch to a king suite. The silent Silent Retreat he answers this back, kids. All right. Now, Madison Lemon Tree cash back when every day you bought will chase freedom on limited with no annual fee, had a uk jake make more of withdrawal got a minute got a hose. What a simple way to save money on guard hair. How with sunday, the customized lawn care plan thats delivered straight to your doors that he said, you bet sure. Grass, it is sunday offers everything you need to get gras thats good for bare feet and bear pause no more guessing. Just lawn care thats better for saving money and saving the planet. So ditch the old ways sunday fun days go to get sunday. Com and use code fund 8504, 50 off your first lawn box at Morgan Stanley oldschool hard work meets ball, new thing to help you see untapped possibilities. And relentlessly work with you to make them real your skin is ever changing. Take care of it with gold ponds, age, renew Formulation Tens Of Seven Product learn more at jones road beauty. Com i Mourn Liebermann at the pentagon and this cnn a calling card for Insurrectionists Flying in plain view outside of the house of an Associate Justice of the Supreme Court of the United States. Tonight, the New York Times published a Report Capturing through the interviews and fotios an upside down america can flag hoisted outside of samuel alito is home. It alexandria, virginia. The pictures are from january 17, 11 days after rioters stormed the us capitol to stop congress from certifying the 2020 election. Now alito publishing a full stop denial in response to the report saying, quote, id know but involvement whatsoever in the flying of the flag. It was briefly placed by mrs. Alito in response to a neighbors use of objectionable and personally insulting language on yard signs now, we havent yet heard from the Supreme Court about all of this. But what is missing from alitos response . A denial that it happened at all, much less remorse or regret that it did. Also missing any disavowal of the symbol claimed by those who sought to overthrow the government joining us now, jodi kantor, she is the New York Times correspondent who broke this massive story tonight. Jody, how on earth i have a lot of questions for you. Im curious about how this happened, but im also curious about how you found out about it. Well, first of all, thank you for having me. Lets start with the reaction of the people who saw the flag neighbors. Word also filtered back to the Supreme Court. And all theyre seeing is this upside down flag, which at the time was one of the symbols of the stop the steal campaign. Were talking about the period just after january 6, but also three days before President Bidens inauguration. So people are just kind of stupefying buy it. First of all, its a very controversial gesture to turn the flag upside down. But also so a very basic thing about federal judges that Everybody Knows is that they are supposed to appear totally fair and impartial. They arent supposed to participate in politics or do do anything to even suggest the appearance that theyre not going to handle something fairly. So the first thing people felt was really just very great surprise hi guys. This wasnt up there for just ten minutes. What neighbor say is that it was there for a few days. Yeah. I mean okay. So im gonna go back to the statement here for mr. Alito or justice alito, he says it was briefly placed by mrs. Alito in response to labors use of objectionable and personally insulting language briefly, is doing lot of work there. I wouldnt characterize a couple of days as that, especially in that time period that you described. But the other thing is, i mean the the the courts rule book about the conduct of employees is pretty specific. You cannot publicly oppose or support partisan political organizations or candidates. Bumper stickers are offlimits stating political positions on social media. They may not engage in nonpartisan political activity. If the activity could reflect adversely on the dignity the or impartiality on the court. Thats clear for employees. The wife of a Supreme Court justice, if you were to take the statement at face value, maybe another story, but if its flying outside of the home, how is anybody supposed to know . Thats why judicial Ethics Experts are concerned. They say that they say okay, lets take this story at face value. Lets say it was mrs. Alito these rules are still about the appearance of impropriety and thats because its about trust in the system for democracy to work. We all need to respect these institutions. We all need to feel that theyre fair and any action that creates doubt in that is a negative thing and thats especially true given whats happening now everybodys focusing. I understand why on the proxy somebody to january 20th, the inauguration, january 6. But i want to point out that at this moment, we are waiting for the Supreme Court to rule on to blockbuster january 6 cases that are really going to shape accountability for those actors, including former President Trump. Theyre going to the shape the legacy of january 6, and they may even help determine the course of the next election. So one of the questions is, when these decisions come out, well, americans react to them with a sense of trust us and respect. And even if i disagree with this, i believe it was decided fairly. I mean, theres no question there has been an erosion in the trust in the court i mean, again, taking a statement at face value, lets say it was mrs. Alito you would have mrs. Alito and mrs. Thomas both perhaps espousing beliefs about strong beliefs about something that is before the court, issues that are before the court and neither of those individuals have recused the recusal rules seem basically i mean, its more or less up to the justices discretion. Is that about right . So its interesting, its a binding federal statutes, so it does apply to Supreme Court justices. The court has said that its for individual justices to determine. I think the question of whether this fact she pattern is a cause for recusal is something for the experts to debate. We just broke this news tonight and im curious to see how the legal world reacts, but there there are a number of issues there. There. The recusal issues about whether he should participate in this case . And theres the question of the code of conduct for, uh, judges and whether this behavior meets that bar. And if not, what anybody can do about it, because the Supreme Court, by definition is the last word and nobody else supervisors the justices that thats why hi the appearance of impropriety, so problematic there. Whats amazing, jodie is also, i mean, this being scuttled, but for basically four years among in that neighborhood and among the court. And then finally coming out when it did. Thank you for joining us all of this reporting. And up next for us shouting match, interrupting between alexandria ocasiocortez and Marjorie Taylor greene on capitol hill will show you what happened the Trump Hush Money Trial gavel to gavel coverage, the weight only cnn can bring it to you. Legal insight, expert analysis, and realtime updates live from the courtroom follow the facts, follow the testimony, follows cnn you know, i spent a lot of time thinking about derby at three in the morning what people dont know, is that not all dirt is the same. You need dirt with the right kind of nutrients. Look at this new organic soil from miracle grow. Everybody should have it, it worked great wait for us. This is as good as gold in any garden. If people only knew that it really is about the dirt, your dirt nerd huge turret nerd im proud of it i got the cabin for three days. Could it be sweet what im trove our short on weekends whats that necessary . No neither is a blonde weekend . Were very calm. Employees do their own payroll. So you can fix problems before they become problems get pay calm, and make the unnecessary unnecessary see you down a lot im always shopping the real real they drop over 10,000 new arrivals every gucci, rolex, prada, a little bit cartier, tiffany, up to 90 off retail, endless luxury, the realreal shop now and get 20 off. But the real, real. Com terms apply fashion moves fast, setting trends is our business we need to scale with Customer Demand in real time so we partnered with verizon, their solution for us, a private by gene network. We now get more control of Production Efficiencies and greater agility with a custom private five the network, our customers get what they want when they want it. Now, or even smarter and are ready for whats next. Achieve enterprise intelligence. Its your vision, its your variety did you know taking xyz all At Night Relieves allergies while you sleep you wake refreshed for more productive day 24 hour continuous relief does not fade. He wise all take xyz off at night the Leaky Refrigerator Coil card. Is that bad of an ac fan motor . Oh, no but your future is bright for the American Home shield warranty to protect your cupboard appliance as an home system or their fees behind me, my baby is escape we talked about that. I can whose you sign up today at ahs. Com are you certain that just the wind are you . Imprint certain certainty matters. Would you order provo products for your next event . Youll need to be added so loosely certain they arrive on time. Thats why you choose four Imprint Experts who will get it done right, delivered on time, guaranteed count on certainty for imprint. Com in brynn certain what is circle . Circle is what you hope for life tosses limited way circled digital foster tree for the sweet kick a conference socalled is the epr less energy that gets you in the zone available at walmart drinks circle. Com. Did you know you can save with good rx even if you have insurance. Amount of medicare had checked good rx because it can beat my copay were going to like that even if you have insurance, weve got our x cannot be saved another good reason to check, good rx, youre calling some people find theres at an early age later in life are calling was to build trucks and thats why trucks are what we do we put our everything and every truck so that when you find your call boeing or nothing can stop you from answering right now, during ram season, get 1,000 Cash Allowance on the purchase of most 2025 ram 1,500 bucks. Dont miss ram season. Hurry to your local ram dealer today this is cnn. The worlds news network they. Are the audio tapes at the center of the decision not to charge President Biden in the investigation of the classified documents that were found at his home while tonight, the president is asserting Executive Privilege to keep those recordings secret. Youll remember that special counsel, robert hur, Described Biden as wellmeaning elderly man with a poor memory and decided that a jury would be sympathetic, ultimately. Now the white house took issue with that description and the transcripts of the interviews were made public, but the tapes have now become the center of a fight with house republicans. In fact, they want to hold the Attorney General in contempt for refusing to release them. The Justice Department cites privacy and a clear political motivation on the part of republicans. Now, lets keep in mind cnn has also sued for access to these tapes since journalists do want access to access as much information as possible, we want to hear the tapes and we want you the taxpayer and the citizen to hear them, too. But whats curious politically, is that when it comes to the issue of Executive Privilege, republicans are suddenly critics this is after donald trump and his allies spent years making this argument Executive Privilege serves dup Public Interest its for us, its for we, the people, the concept of Executive Privilege is another two Centriole Constitutional Tradition there are things you cant do from the standpoint of Executive Privilege, you have to maintain that. Now theyre destroying Executive Privilege now theyre attacking that and this might be the worst destroying a precedent that has been around since George Washington cash sludge. Well, i think you have to for the sake of the office, the president s power to assert Executive Privilege is very well established. To meet for the future we have to protect president ial privilege. You have brevis president ial Executive Privilege. You have attorneyclient privilege apparently, that didnt mean much anymore to doj the privilege thats not his to waive. It belongs to the president the privilege that the court said is critical to executive decisionmaking. We have to protect president ial privilege for me, but for future president s future president s like his successor and the current occupant of the white house, and his opponent in the 2024 race also on capitol hill, who says that theres no fighting in the hearing room while tonight, House OversightCommittee Markup suddenly turned into a deeply personal name calling match between democrat alexandria ocasiocortez and republican Marjorie Taylor greene. Listen do you know what were here for . Were here when youre here for . Well, you dont want its not going about i think youre fake eyelashes or messing up order mr. Chairman, need more of your Committee Order please a Point Of Order. We have a Point Of Order. Mr. Lynch, state your point. Mr. Chairman. I would just like to ask the parliamentarian if your conduct here and raising money in connection with this hearing is referable to the Ethics Committee within this hearing is emotion in order to refer your conduct and your abuse of data Point Of Order. I do have a Point Of Order and i would like to add to move to take down ms greens words that is absolutely unacceptable. How dare you have another person . Are your feelings her words down . Oh, oh, girl, baby girl. Oh, really dont even play baby girl. I dont think youre going to move and were going to take your words down. Second that motion. Wow well, next, if you could take a test to determine your risk of getting alzheimers, would you . Dr. Sanjay gupta decided to hear what the answers were . For to that task here, what he discovered about himself next when the competition is a nuclear competition, spying is extraordinarily important the russians were trying to spy on us. We were spying on them its very difficult to determine whom you can trust. I was studying Frank Everything got Out Of Control this is a war. The secret was a secrets and spies, a nuclear game per year, sunday, june 2, that ten on cnn, you give and you give, now you get with Straight Talk wireless, you get unlimited data and you get to choose who gets on your family plans starting at just 25 a line, doesnt have to be family more lines, more savings switch to Straight Talk for plants starting as low as 25 a line only purples Gel Flex Grid passes the raw egg test. No other matters. Cradles your body and simultaneously supports your spine. Memory foam doesnt come close, get your best sleep guaranteed, safe up to 800 during our moment morrill day sale visit purple. Com or store near you ive always been an active person biking, running, but yoga, its really special to me. Its definitely a big part of who i am and i love the way it makes me feel. But there was a time not long ago when i felt i had to accept the idea of hanging up this old yoga mat. You see, i have symptomatic obstructive hcm, which left me so short of breath. I just couldnt get out here, making me feel like a bystander in my own life. So i talked to my cardiologist and he told me about campsite. He said kims ios works by targeting whats causing my obstructive hcm. So he prescribed and im so thankful he did. Kims ios is used to treat adults with symptomatic obstructive hcm. Kim silas may improve your symptoms and your ability to be active. Kims ios may cause serious side effects, including Heart Failure that can lead to death, a risk thats increased if you develop a serious infection or Irregular Heartbeat or when taking certain other medicines. So do not stop, start or change medicines or the dose without telling your Health Care Provider you must have echocardiogram before and during treatment, seek help if you experience new or worsening symptoms of Heart Failure because of this risk, cams ios has only available through are Restricted Program before taking camps tell your doctor about all of your medical conditions, including current or planned pregnancy with camhs ios, reducing my symptoms. Ive gone from sitting on the sidelines to being back in the game. Mine hey, ms stephanie, and this is my kims ios moment call your cardiologists today and see if a camps ios moment maybe in your future to we had to take our old gas heating that was a huge project. I was so overwhelmed. So i started contacting people off of energy to work with people that knew what they were doing. It was a game changer get started today at andy diverse models is, you know, 80 of women are struggling with her damage. Just like i was join us in frehse could be damaged here that cant retain moisture. New pantene, miracle rescue, Deep Conditioner and with first of its kind of Melting Provi Burrows Blocks and moisture to repair six months of damage in one wash without way down . Yeah. Renee guaranteed your money for resilience, healthy looking here learn more at jone road beauty. Com laura coates, live next on cnn Closed Captioning brought to you by rule or law, iconic brands up to 70 off retail at roulette law. Com, rubella you never faithful sees the deals on top before their car today right now, nearly 7 million americans are living with alzheimers dementia for decades, researchers have tried and failed to come up with a way to effectively treat alzheimers but now there are some new tools to battle this disease. And cnns chief medical correspondent, dr. Sanjay gupta, spent five years investigating these scientific breakthroughs in a new documentary called the last alzheimers patient, it premieres on sunday, may 19, on the whole story. Heres a preview in the five years of making this documentary, the 20yearold newlyweds. Ive met with patients all around the country who were diagnosed or high risk for this devastating disease, do remember this time in your life . My it made me really start to think about my own brain i have a Family History of alzheimers as well sometimes i feel a little rusty sometimes i worry that i make mistakes that may be my friends and family are too polite to tell me about your body composition. So thats why i decided to do something quite personal. Your muscle mass, your body quite revealing that lesson quite right. I went through a battery of tests to assess my own risk, just like we got a Cholesterol Test every year and check your Blood Pressure how do the same thing for the brain . And what did i find . Ill just say it joining me now is dr. Sanjay gupta. Hes also a neurosurgeon. Sanjay, first of all, im not quite buying that youre a little rusty pretty all there to meet but not every now and then but i mean, its so interesting. I didnt even know that younger people could do tests like this. Do you think other people should do what you did and test their alzheimers risk . I dont think that its necessarily for the masses as of yet, abby, and i think just even a few years ago, the common sort of question was, look if i get these tests, what can i do about it . What differences are going to make . I think that thats the part of the equation thats starting to change. Its become clear that there are things that can be done in terms of reducing the likelihood youll progress. Maybe even changing your overall outcome in the long run. So i think were going to see these tests become more more, more common, kinda like Richard Isaacson was saying, there like a Cholesterol Test are testing your psa for example yeah. I mean, the question of what can be done is so crucial to this. I mean, you spend so much time in this documentary with people whose alzheimer symptoms were actually reversed. I mean, how is that even possible . What does the science show about that . Look this the surprised me as well to be very clear, i think and i want to be very careful because i think were still at the nascent stages of understanding what we can actually do in terms of modifying the brain. I think we are where we were with Heart Disease 50, 60 years ago 50, 60 years ago. You say someone has Heart Disease. Thats it, abby, you have it. Youre going to have it. It may lead to a heart attack. The idea that you could reverse it through Lifestyle Changes wasnt something that was widely accepted thats the stage that were at now with the brain. So i think the answer is yes. I saw that one of the advantages of doing a documentary over five years you, can follow people over that time. And i saw people who are diagnosed with alzheimers who were on the steady decline. And then five years later, were living a much more normal life. So i want to be careful. I dont want to have this unbridled optimism about it, but look, it was it was pretty exciting to see what happened to these folks that is exciting. It definitely means folks need to tune in when this documentary airs. Sanjay. Thank you so much youve got it. Thank you and dont miss it. Sanjay is full documentary. The last alzheimers patient, it premieres this sunday, may 19, at 8 00 p. M. Eastern on the whole story, only on cnn and on max thank you for watching news night. Laura coate s