"ac 360" with anderson cooper begins right now. -- captions by vitac -- www.vitac.com tonight on "360," the dysfunction is coming from inside the house, as republicans fight republicans over what happened and who will be the next speaker. new york's attorney general letitia james says the donald trump show is over, as his fraud trial continues and the former president heads back to florida. the first person to be charged in tupac's killing 27 years after the killing. we'll talk to the d.a. on the case. we begin tonight with the dysfunction, infighting, and back biting among house republicans, after eight of them made their party leader, kevin mccarthy, the first ever house speaker to be voted out of a job. that and why none of it should be surprising to anyone. the dysfunction got so bad after the vote, we learned that republicans cannot even stand to be in the same room with each other for more than a few minutes. >> there was a meeting last night, as you may know, of republicans, and that room would have devolved into, i think, physical attacks on one another if people stayed in there for a long period of time. >> that's a republican congressman describing the anger and resentment that left members last night unable to agreen a success or anything else except putting off a decision until next week. steve scalise and jim jordan throwing their hats in the ring, and marjorie taylor greene saying the former president should get the job. nothing happened, nothing but anger and recrimination against the gop rebels who voted to oust kevin mccarthy, especially the instigator, florida's matt gaetz. >> i think yesterday we saw from matt gaetz one of the grayest acts of hair si that i've seen in a while. >> matt gaetz undermined the entire conference. he undermined the entire institution. >> what the guy is doing is not in the best interest of the united states. >> you can kiss my ass. you go around taking your big game and thumping your chest on twitter, come to my office and come to the debate. >> i can't believe people like matt gaetz were so dumb to fall for this. >> he's going to have to earn some respect within the conference. >> there needs to be accountability for the eight individuals who selfishly upended our house majority and put their own interests above the country. >> matt gaetz is using the american people as pawns in his narcissistic game of charades and i think we've had enough. >> the house adjourned until friday. the effort to find a new speaker on hold until next tuesday or wednesday. aid to ukraine is in limbo, along with all the important things congress needs to do, including passing measures to keep the government running and the troops paid. again, none of this should surprise the former speaker, the rebellion within his own party cost him the speakership, aided by the rule that he himself agreed in exchange for the job, a rule allowing a single member, in this case, congressman gaetz, to launch the effort to unseat him. instead of looking inward last night, he said this. >> i think today was a political decision by the democrats. and i think -- i think the things they have done in the past hurt the institution. they just started removing people from committee. they just started doing the other things. and my fear is the institution fell today because you can't do the job if eight people -- you have 94% -- or 96% of your entire conference, but eight people can partner with the whole other side. how do you govern? and for them to make a motion on me because i made a decision for the country that they agreed with, but they choose to do the other. that becomes a problem. >> keeping him honest, that claim, focusing attention on democrats, is disingenuous at best. the rule allowing the a single member -- any member could have done what matt gaetz did during kevin mccarthy's time as speaker. no democrats did. gaetz, a republican, used that rule, which again, mccarthy agreed in order to get the job. which in turn made his job impossible, something the republican senate leader underscored today. >> to do that job for anyone, you have to get rid of the motion to vacate because it puts whoever the speaker is in a hammer lock of dysfunction. so -- potential dysfunction. >> that concession by mccarthy was part of a series of steps he took that have fed and nurtured the radical cleaning of his party. to borrow from jake tapper, it fed and fashiating leper that would later eat his face. that coddling of political assassins began before republicans controlled the house, starting when he abandoned his criticism of the former president just two weeks after saying he bore responsibility for january 6. it continued with the forcing out of liz cheney, after she and congressman adam kinzinger joined the january 6th committee and built into conspiracy pushers like marjorie taylor greene. speaker mccarthy said, quote, i will never leave that woman, talking about greene. the move he made to appease her wing of the party, including the launching of the impeachment inquiry of the current president, after he said he wouldn't without a vote, and flirt being a government shutdown, only empowered republicans who don't mind throwing a monkey wrench into the works, including the one who pushed those same hard liners to shut down the government and push the speaker, he once -- into a corner he could not get out of. the former president, who should be noted, spent today in court on trial for fraud. congressman, are you surprised that most house republicans are not blaming kevin mccarthy for teeing up all this? >> i guess in a way they have to give their, kind of, public view. but i think at their heart, they know. i mean, i think in their heart, they know that he made concessions to the very people -- i mean, he gave them their concessions -- to the very people that he had to earn their vote. and he got their vote but for only eight months. they turned against him. this was the most foreseeable thing. it's disingenuous for mccarthy or anybody to blame the democrats for this motion to recommit. let's think about the motion to recommit, the motion to vacate. do you really think that a single republican, if the script was flipped, would have voted to not vacate nancy pelosi from the speakership? of course they all would have voted to vacate. you think kevin mccarthy -- this is the point. as you mentioned in the opening, he opened an impeachment inquiry without the promised vote. he went to mar-a-lago and resurrected donald trump. i mean, literally, he took -- i guess not literally. figuratively, he took the paddles out of the ambulance and brought them back to political life. i think republicans today, republicans in the house, are, kind of, scratching their heads saying, how did we get here? but all they have to do is think back a few months and you can see it. >> do you think the next speaker, whether it's jim jordan, steve scalise, or someone else will have to cut deals with the far right in the same way? will they have to agree to the same one person can vacate the chair? >> i think so. i mean, i think the only way that changes is if we go a month without a speaker and we have multiple races and eventually people are desperate to put a speaker in. but this is where i think it's going to get interesting is you have folks that are willing to obviously vacate the chair. you have folks that are willing to hold the speakership up for whatever their demand is -- and by the way, they're all extreme demands. the question is, what does this do to ukraine aid? what i really worry about is whoever's running for speaker is going to promise no ukraine aid. now, keep in mind, those that move to vacate kevin mccarthy, with exception of nancy mace -- and i have no idea where she came from on this. but they've all been talking about things like regular order. and to the viewers, regular order means, if you're a member of congress you should be able to bring up a resolution or you should be able to bring up an amendment and it should get voted on, the regular way of the order of business. these are the same people now saying they don't want to come to the floor, an up or down vote on ukraine. that would pass overwhelmingly. they've got to get their message straight. i worry, though, that whoever runs for speaker is going to have to commit to know ukraine aid -- >> jim jordan has already said that. >> of course. i've got to tell you, i think he's going to be in the cat-bird seat on this. i can get into that. i think it's important for five or ten members of the house, of the republicans, to refuse to vote for anybody that won't bring ukraine to the floor for an up or down vote. will they do that? probably not. they should. >> why do you think jim jordan is in the cat bird seat? >> it's all about -- i think if it was valid, steve scalise would win overwhelmingly, or anybody but jim jordan. what you're going to start seeing, anderson, is on the emails, on the fundraising, on other cable news networks, jim is going to be now the new litmus test of are you a true conservative or not. steve scalise won't be. it will be jim jordan. there will be a small acquiesce ens to jim jordan from everybody. if he becomes speaker, it will be interesting how a shut it all down kind of guy governs a country. >> thank you. much more now on the bitterness the speaker fight brought to the surface. lauren fox has that. >> good morning. >> reporter: in one of his first moves, which sources say was directed by mccarthy, temporary speaker patrick mchenry ordered representative steny hoyer and former speaker nancy pelosi remove frd their offices at the capitol so mccarthy could move in. pelosi writing in a statement, quote, office space doesn't matter to me, but it seems to be important to them. a source close to pelosi says the move was retaliation for democrats siding against mccarthy in the speaker's vote. >> rather than being petty and silly, you know, and throwing nancy pelosi out of her office, i mean, how does that contribute to civility up here? >> reporter: a house of representatives without a speaker paralyzed. >> we can't get anything done. bills can't be brought to the house floor. we can't debate them on the house floor. we can't pass anything into law. and let's just pray that there's not a national emergency that we have to respond to because this place is inoperable. >> we should elect a speaker who's better. >> reporter: and the republican fury is turning inward to representative matt gaetz, who led the charge to unseat the speaker. >> yesterday someone threw a grenade in the middle of the house floor. there was a meeting last night, as you may know, of republicans, and that room would have devolved into, i think, physical attacks on one another if people stayed in there for a long period of time. >> some republicans calling for the rebels to be punished. >> i don't see how they can really be part of a conference when they stand on a -- they come on the inside, listen to what's going on, then go outside and lob bombs in the middle. it's a waste of time having conversations with these people. >> mchenry will remain speaker until a new election can take place. with majority leader steve scalise and representative jim jordan already vying for the position. >> i think we're a conservative center right party. i think i'm the guy that can get that. >> and a rule that allowed mccarthy to be removed in the first place may not be going anywhere according to another member considering the speakership. >> i'm not afraid of that. that's not something that would be part of my platform. if the members want it, that's fine. >> reporter: lauren fox, cnn, capitol hill. >> you heard some of the frustration and outright anger toward congressman matt gaetz from house republicans in lauren's piece. but republican congressman markwayne mullin took it to the next level this afternoon, going after matt gaetz for the allegations against him for sex trafficking, which launched a federal investigation. listen. >> you've got to think about this guy. this is a guy that the media didn't give the time of day to after he was accused of sleeping with an underaged girl. and there's a reason why no one in the congress came and defended him, because we had all seen the videos he was showing on the house floor that all of us had walked away of the girls he had slept with. he bragged about how he would crush e.d. medicine and trace it with energy drinks so he could go all night. this is obviously before he got married. when that accusation came out, no one defended him and no one in the media gave him the time of day. all of a sudden he found fame because he opposed the speaker of the house back in november. and he's always stayed there. and he was never going to leave until he got this last moment of fame, by saying -- by going after a motion to vacate. >> it's important to note congressman gaetz has never been charged with any sex trafficking crime. he gave a statement to cnn in response. i don't think markwayne mullin and i have said 20 words to each other on the house floor. this is a lie from someone who doesn't know me and is coping with the death of his political friend, kevin. thoughts and prayers. i'm joined by dusty johnson, who voted for congressman mccarthy to retain the speakership. congressman, good to have you on. are you surprised by the personal nature of attacks between members of the gop conference in the last 24 hours? >> i'm not surprised. tensions and tempers have been running pretty high for the last nine months. you don't know it, but there is a small group of hardliners that are just making it impossible for us to run the house like it needs to be run. i would note just with a tiny bit of amusement that one of the allegations that matt gaetz levelled at speaker mccarthy was that he had not passed 12 appropriations bills off the house floor yet. part of the reason for that is that these hard liners have been voting against bringing these appropriations bills to the floor. despite that, kevin mccarthy managed to get 70% of discretionary spending through the house before the deadline. but for matt gaetz, you know, attention and chaos is what he seeks. >> some of your colleagues, most recently congressman max miller, who spoke with manu raju, talked about expelling matt gaetz from the gop conference. would you support that move? >> i'm pretty frustrated still. i'm angry. i try not to make decisions when i'm angry. i would counsel all of my colleagues to, listen, let's take a couple of deep breaths over the next couple of days. and before we make any decisions about accountability -- before we make any decisions about who should be speaker of the house, let's make sure that we're clear headed and we're actually focused on what can move the house in the right direction. anderson, if we don't fix what the foundational problems of the house republican conference, the new speaker is just going to be in the same old stupid clown car but a different driver. that's not going to get it done. >> so, what are the foundational problems that you see? and obviously some of the things, many of the things, that mccarthy had to agree to in order to get the speaker job, as mitch mcconnell pointed out, made the job impossible. >> i thought that was a bit of an unfair allegation at the top of your show. nancy pelosi also had narrow margins last congress. she agreed to a number of role changes. this is what happens. you know, nancy pelosi and kevin mccarthy both cut the deals they needed to get -- they needed to cut to get to 218. in some respects, those rules made the house better. in others, they made them a little harder to govern. let's not blame rules, although i would say the motion to vacate, one, is insanity. >> you're saying it's insanity. if any member of congress can do a motion to vacate, doesn't that make -- to mitch mcconnell's point, doesn't that make it impossible? >> it does. and we should change that rule. but it seems like the most d.c. thing ever to blame an arcane rule when the problem is actually the make-up of the house. yes, let's change the rule, but i'm not going to change the rule. at some point, it's garbage in and garbage out if you have members that don't want to work, if you have members that crave chaos, if you have members that have never actually figured out how to work with any other human being to find common ground ever, it's going to be, kind of, a mess, regardless of the rules. >> would you be comfortable voting for either of the two most prominent candidates? i know you said, you know, you want to take a breather. what do you make of the names that are out there, steve scalise and jim jordan? >> i think they're capable individuals, but we really need to do a better job of putting them in a position to win than we did with kevin mccarthy. kevin mccarthy is as emotionally intelligent as anybody i've ever worked with. he listened as much as any leader that i have ever served with. he really found common ground and frankly delivered victorys that many in the media and many in the house didn't think he could deliver. but the next speaker is not going to last any more than nine months if we don't take care of some business. >> congressman dusty johnson, thank you. the former president's fraud trial and what to make of his claim that he'll testify in his own defense. and what happened in court as the man charged in tupac shakur's murder makes his first appearance in court. the former president was in court again today in the third straight day in his new york civil fraud trial. when it was over, he left for florida, meaning for now, at least as the new york attorney general letitia james put it, the trump show is over. the trial goes on and he did say he would testify if called upon. kara scannell was in court again today. did the former president abide by the judge's gag order? >> reporter: he did. the gag order only covered comments about the judge's staff. but trump wasted no time and no opportunity to lash out against the judge and the new york attorney general letitia james. and for the first time this week, she responded. take a listen. >> the judge already knows what he's doing. he's a democrat judge. he's a democrat judge out of the clubhouses. he's in control and it's a shame. i'm stuck here because i have a corrupt attorney general that communicates with the doj in washington to keep me nice and busy. he gets sued by a political animal. >> mr. trump's comments were offensive. they were baseless. they were void of any facts or any evidence. what they were were comments that unfortunately lamented violence, comments that i would describe as race-baiting, comments unfortunately that appeals to the bottom of our humanity. >> the judge himself even got frustrated on the bench by the cross-examination by one of trump's attorneys, that he slammed his hand down and said, this is ridiculous. you're not allowed to waste time. anderson. >> now that the former president has left new york, not expected in court tomorrow, what's next in the trial? >> reporter: so, the cross-examination of the longtime accountant will continue with trump's attorney. that could go all day. inside the courtroom, the demeanor has changed dramatically. the temperature has come way down. the judge issued one of the attorneys a happy birthday and trump's attorneys objected less to all the questioning. this will continue now as we get into the nitty-gritty of these financial statements and the value of the properties. >> joining us now joey jackson and caroline plea si. he's a defense attorney and law elector at columbia university. joey, there's the politics of all this. did the former president hurt himself or help himself in legal terms? >> legally what it's about is what happens in the courtroom, right? this is a judge trial, as we all very well know. you're not pandering to a jury or playing to a jury. judges are generally very well equipped at assessing what the factual issues are and legal issues are. remember fout everything in perfective. you're talking about seven different -- it's a civil case, so we call them causes of action. the first cause of action relating to fraud. we all know where the judge stood relating to that. he issued what's called a summary judgment, right, motion in favor, right, of the attorney general, indicating that there was persistent fraud here. so, what's left to med out are the other counts relating to what? false financial statements, relating to falsifying business records. so, i think the judge -- he's a little concerned about what trump does outside of court, hence the gag order. as it relates to the legal and factual issues, no matter what the feuding is, i think he'll have his eye on the prize. >> caroline, the former president complained multiple times about the lack of a jury. but there's not usually a jury in this kind of trial. >> it's an interesting niche-y legal question. there's a difference between a remedy in law and a remedy in equity. because this statute, the cause of action that tish james brought this case under, the one that judge engoron ruled on summary, that's the statement that has its remedy in equity. it's a discouragement. she's looking to be repaid for what the state of new york was defrauded from. there is some case law that would point to the fact there may not be a jury in that type of case. however, i will say that any competent lawyer would have at least checked the box, as it were, or put in that boilerplate language that joey and i know so well. you always put in a response saying, we request a jury trial. they could have litigated this issue for sure. i'm not sure where it would have come out, but they haven't preserved the issue for appeal now. >> we should point out, the judge said neither side asked for a jury trial. >> that's significant to caroline points, you can at least make the ask, without getting into the niceties of equities and what it is about. what happens in a civil trial, there's two phases, one of which is to determine liability. the judge made that assessment. you have liability as to fraud, talking about fantasylands and everything else. the judge will make assessments factually. as you mentioned, cooking the books, that's the financial statements fraud, the issues relating to business documents, insurance fraud. if trump wanted a jury trial, that issue could have been litigated. it was not. as a result of that, you're stuck with this judge that's going to assess the facts and only the facts so help him. >> what do you make of the case that prosecutors are presenting. there are shady dealings in new york real estate and people put values and have aspirational values. >> yeah. and that certainly is going to be one of the arguments that trump's defense team makes on appeal. i think what's interesting about this case, the summary judgment, you know, really it's half the whole in this matter. the interesting part is that now tish james will have to show intent to defraud, that there was a victim in this case whereas before, on the issue of pervasive fraud, it was a strict liability case there. all she had to say -- it was a documents case basically, that there was this misre misrepresentation, this pervasive misrepresentation. the hurdle is a bit larger now for the state to move forward because in any criminal trial -- here we're civil -- but in any fraud allegation, we saw today they're really pounding away at the accounting. well, it was your fault. there's going to be a lot of finger pointing in terms of -- >> trump's team pointing at the accountants saying it's your fault. >> exactly. to the point engoron banging his hand on the table -- he's not codefendant. it's a blame game at this point. >> -- magazine has dropped the former president from the list of 400 richest americans. it's the second time in three years he has missed the cut. how much money did the former president lose last year? >> an astounding about $600 million. and that, my friend, is a very rare thing, given that most of the people on the forbes list, at least those in 2022, actually gained worth. 276 of those in the 400 gained worth. trump is just one of 24 who dropped off the list. 2023 might be a good year for a lot of us. it hasn't been a good year for donald trump, at least in term of his worth. >> what was the biggest financial loser for trump? >> truth social. that's the social media platform that he belongs to. you'll notice he doesn't post on twitter or x anymore. the big reason why is he owns 90% of truth social. its worth dropped from $700 million to less than $100 million. i guess part of that might be because you and i aren't on that particular platform. we're a bunch of many who have not decided to take part in the truth social media platform. >> if the former president invested in the s&p 500 when he first landed on the forbes 500 back in 1982, how would his fortunes tracked? >> he would have been a lot more successful. this is something that simple financial advisers will tell you to do. invest in the s&p 500. it's gained about 10,000% since 1982. donald trump has gained net worth. but the fact is his net worth would be significantly better if he had just taken the money he had in 1982, invest in the s&p 500. donald trump is still worth billions of dollars, but it's not because he's necessarily a good investor. it's because he started off with a lot of money and was able to make money. once you have money, it makes money. and donald trump is a good example of that. >> harry enten, thanks very much. back to fight inside the republican party, specifically over the issue of funding the war in ukraine and what the fight means and looks on the battlefield. a cnn exclusive, the biden's dog, commander, has been involved in more biting incidents than previously reported. details ahead. the uncertainty over future war funding for ukraine, which began with the implosion of the house republican majority, grew today. as we reported earlier in the hour, one of the leading republican candidates for house speaker, jim jordan, told cnn he's against it. >> what about ukraine? are you willing to move forward with an aid package for ukraine if you're speaker? >> i'm against that. what i understand is at some point we're going to have to deal with this appropriations process in the right way. we're going to try to do it in the next 41 days. the most pressing issue on americans' minds is not ukraine. it is the border situation and it is crime on the street. >> shortly after that exchange, the republican chairman of the house foreign affairs committee told cnn there may be a window for a deal tied to border security. ukraine's president says the shortage of weapons is posing difficulties. fred pleitgen is on the frontlines with this exclusive report. >> reporter: the artillery troops need to move fast. russian drones may be in the air. line up, calibrate, fire. every rocket -- even though this launcher would be more effective firing large salvos. it's not very precise, he says. it also depends on the weather and the range. it would be good to have more precise rockets or guided ones. but the ukrainians are running short on even these unguided soviet-era rockets, and ammo shortages are a problem across the battlefield here in eastern ukraine. soldiers from the 80th airborne assault brigade have a quick snack then get ready to fire their how wits zer. the shells are valuable, but increasingly scarce commodity. the ukrainians call this the sniper rifle of their artillery because it's so accurate. but it also illustrates one of the big problems they have. they have plenty of barrels to fire from but not enough ammunition to fire. >> the loosk shells means his forces are badly outgunned here. it's hard to give precise numbers, he says, but i think they fired ten times for every round we fire. sometimes it's one to 100. the russians are constantly taking aim at this area, though the ukrainians say they're making gains, pushing vladimir putin's army back, even using combat combat helicopters close to the frontline. kyiv says it needs more ammo to sustain its offenses both here in the east and in the south. the u.s. budget impasse could mean further delays. on top of that, nato is warning its members are running dangerously low themselves. >> we started to get away from half full or lower warehouses in europe, and therefore the bottom of the barrel is now visible. >> reporter: for the ukrainian artillery troops, that means rationing will probably continue, all while trying to support their advancing soldiers on the ground. >> and fred pleitgen joins us now from eastern ukraine. when you talk to troops in the field, are they following the political debate in washington over aid? >> yeah, they're following it pretty closely. and i think a lot of the ones that we speak to on the front line, anderson, they're pretty shocked at some of the things they're hearing out of washington. none of them could fathom that the u.s. would be uncertain at times. the support has been strong in support for ukraine's war effort. one of the things viewers would be surprised by if you go around the battlefield is how much u.s. kit is on the ground here, u.s. vehicles, but of course also u.s. guns and ammo as well. and the thing about the ammo is the ukrainians really say that with the counteroffensive, they need a lot of it. and certainly nato countries could replace some of the ammo that the u.s. has been giving, but there is also certain kinds of ammo that only america can get, like for instance himars guided missiles are very important. and surface-to-air missile systems, that's stuff that only the u.s. can replenish. the ukrainians acknowledge if u.s. support went away, it would be catastrophic for them on the battlefield. they say they could maybe continue to defend themselves, but they would have very big problems making gains on the battlefield in the future. >> fred pleitgen, appreciate it, thank you. be careful. the d.a. who is prosecuting the tupac shakur case more than two decades in the making, the suspect's first court appearance. ♪♪ alex! mateo, hey how's business? great. you know that loan has really worked wonders. that's what u.s. bank is for. and you're growing in california? -yup, socal, norcal... -monterey? -all day. -a branch in ventura? that's for sure-ah. atms in fresno? fres-yes. encinitas? yes, indeed-us. anaheim? big time. more guacamole? i'm on a roll-ay. how about you? i'm just visiting. u.s. bank. ranked #1 in customer satisfaction with retail banking in california by j.d. power. more than 27 years af rapper tupac shakur's murder, the suspect appeared in the court. dwayne keefe davis. a lot of uncertainty about what happened and why it took so long for this man to be arrested. he not only said he was at the scene of the crime but in the car the shots were fired from. i'm joined by the district attorney. mr. wolfson, appreciate it you being with us. the arraignment was delayed because the suspect didn't have a las vegas-based attorney. how strong is the case, do you think? >> first anderson, thanks for having me on your show. i want to start off by saying that mr. davis enjoys a presumption of innocence, like any other person charged in this country with a crime. the arraignment was delayed because mr. davis said he retained a lawyer out of california, and we can't arraign a person until they have a lawyer. >> in terms of the case itself, is there much you can share about why you believe tupac shakur was gunned down? >> well, there's been a lot of talk in the media for the last number of years and of course recently in the last few weeks. it started with a number of admissions that mr. davis has made over the last few years. he participated in a documentary, he co-authored a book, he gave a number of youtube interviews. so, his admissions really piqued the investigation to look more closely into what was going on. it was brought to my attention. we then executed a search warrant at mr. davis' home, where we seized certain items of physical evidence. and after all of those considerations, you know, we want to make sure we got it right, anderson. this is an important case that's been getting a lot of attention. so, after we reviewed all of the evidence, we felt comfortable that we should bring this case to a grand jury, which obviously agreed when they returned an indictment. >> so, even after all this time, 27 years, when you did a search warrant on his house, was there -- are you saying there was evidence that you will use at trial, which implicates him? >> yes. a number of physical items of evidence were seized at his house that will be used. we wanted to gather as much supporting evidence as we could. we didn't want to proceed just with his admissions. certain witnesses came forward in the last couple of years, so we felt at this point, when we put it all together, that we had a strong enough case to charge mr. davis with murder with use of a deadly weapon with a gang enhancement. >> las vegas police have given some details. there was this beating that occurred, a fight that occurred in a casino. we're showing surveillance video of the beating that tupac shakur and suge knight allegedly took part in. the person being kicked on the floor, that is the nephew of the suspect you now have -- that a grand jury has indicted. i want to play what his nephew said in 1996 in an interview, the man who was beaten there. >> were you involved in any way in the death of tupac shakur? >> no, i was not involved. i mean, i'm, like, a victim you know what i'm saying? i feel, you know what i'm saying, sorry for them. >> i believe he is no longer alive, and mr. davis is the only suspect -- the only person who may have been involved who is still alive. but he was in the car with his uncle. his uncle was in the front seat when the shots were fired, correct? that's what the evidence shows? >> yeah, that's true. i don't remember exactly who was sitting where. >> okay. >> but mr. davis was in the car as well as mr. anderson. well, just because one of the accomplices 25-plus years ago says that he wasn't involved doesn't mean we stop investigating the case. we always continued to investigate the case. and like i said, over the last few years, in particular, with mr. davis' admissions, other witnesses coming forward, the gathering of a lot of items of evidence brought us to a point where we felt comfortable charging him with the murder. >> steve wolfson, i appreciate your time tonight. thank you. >> thank you, sir. coming up next, another exclusive report, commander biden, the white house dog, having a biting problem. you're probably not easily persuaded to switch mobile providers for your business. but what if we told you it's possible that comcast business mobile can save you up to 75% a year on your wireless bill versus the big three carriers? it's true. plus, when you buy your first line of mobile, you get a second line free. there are no term contracts or line activation fees. and you can bring your own device. oh, and all on the most reliable 5g mobile network nationwide. wireless that works for you. it's not just possible. it's happening. exclusive reporting on the bidens' dog with a biting problem. >> we're learning just tonight that that dog commander has been involved in more biting incidents than previously reported. the u.s. secret service had acknowledged 11 known incidents involving its personnel that cnn's betsy kline is reporting that the tally is unknown and includes incidents involving workers in the executive residence and other workers across the white house. it is unclear if there is a full tally but we know from our reporting that the bites have ranged in severity from at least one requiring hospitalization. a handful requiring treatment from the white house medical unit. and then still others that were unreported and untreated. despite assertions that the dog would receive training, these incidents have kept happening with the last confirmed bite taking place on monday. the bidens have said they are taking the situation seriously. a white house official confirms they are and they are consulting with vets, trainers, and other experts. the commander is no longer on white house campus as the first family deals with this situation. >> so do we know where he is? >> we don't know where he is. we just know that he is not on white house campus currently. a communications director for the first lady confirms that information to cnn and also says the following. she says the following and first lady care deeply about those who work at the white house and those who protect them every day. they remain grateful for the support and patience of the secret service and all involved as they continue to work through solutions. unclear what the final solution though will be. >> thank you. more now on tonight's top story on kevin mccarthy losing his title as speaker of the house, particularly how it is playing out in bakersfield, california. >> reporter: at the cafe, an historic stop in bakersfield, kevin mccarthy's supporters watching this unfold. starring the favorite son, now the third shortest term speaker in american history. >> what does this mean for republicans as this fighting continues? in the long run? >> it will be our downfall. >> reporter: in his home district, agriculture and oil production dominate the landscape here. the central valley remains a red island in the blue sea of the state's politics. mcarthy is the embodiment, the son of a firefighters, born and raised who went to school here. fighting his way out and to the top but always someone who came home. >> he always seems to have our best interests at heart. >> reporter: what do you think about this fighting amongst one party? >> i feel like it is a clald kicking and screaming who is not getting his way. and i think kevin is doing the best job that he can. >> reporter: this process is especially agonizing in this room. >> wow! >> yeah. i was hoping. >> reporter: kathy abernathy is one of kevin's staumplgest supporter back home. she hired him for his first political job out of office. helped him win office after office. >> he fought so hard to get that majority. that's what is the biggest problem with what they're doing. not just his leadership, which they can't argue. with his leadership and raising the funds, going to all the states. winning the seats that gave us this majority. >> reporter: but there is a silver lining for mccarthy and his party. do you think you would ever vote for him again? >> yeah. he's winning me back over. >> reporter: raymondo didn't vote for mcarthy last year because of how he said he bowed to donald trump after the january 6th insurrection. defying matt gaetz and the rest white flanks says that the grip may be loosening on the party and kevin mccarthy. >> he's like your alcoholic uncle. you miss him a lot. you're not sure he will stay the course. >> reporter: stays off the bottle. >> off the trump bottle. yes. that would be great. >> reporter: there are approximately 14,000 federal workers who live here in mccarthy's district and for them, they are, yes, watching this drama play out in washington but they actually need congress to fund this government. those employees who work for the faa, the military bases, and those federal contractors. they need a speaker of the house because they need this government to function. >> thanks so much. coming up next, i'll make you smile at the end of the day. maybe the best video you'll see at least today, ahead. it is only wednesday and quite a week but we can all rejoice, fat bear week is finally here. the competition has begun for this year's chunkiest brown bear. the bracket match-ups are set. to some, it might be right up there with ncaa march madness but you get to decide who makes it to the next round. you go to fatbearweek.org daily to cast your vote for the 12 big bears who were picked for the single elimination competition. only one will be crowned champion. for these bears, there is no fat shaming. they've been bulking up fo