immune from prosecution for things that happened while he was in office, and secondly, whether he essentially is barred from being tried in this case because of double jeopardy, because he was obviously impeached by the congress, but he was not convicted. that is one of the central questions that jack smith and his team is now asking. the filing says in part -- of that principle, is that a zenith here, whereas here a grand jury has accused a former president of committing federal crimes to subvert the peaceful transfer of power to his lawfully elected successor. nothing could be more vital to our democracy than a president who abuses the electoral system to remain in office, is held accountable for criminal conduct. jake, this is obviously now -- the goal here is to try to expedite this. they're asking for the court to do this, to get the briefs going by december 18th. the goal is to try to get this going before that march trial date comes near. >> evan, special counsel jack smith notes a similar maneuver was used during the nixon era. tell us about that and how that case might apply. >> reporter: well, if that is the precedent they want to copy, they will squarely will able to get this done before the march trial date. in that case which they cite in this brief, they point out that the supreme court rendered a decision within 16 days of hearing an argument, and within two months of the first petition being made. also, one of the things -- if you read this brief, one of the things that jack smith does here, they point out that this court, this current supreme court has kind of had a habit of expediting appeals. for instance, in a texas case involving student loans against the biden administration, it's something the biden administration has not been happy about, certainly some of the critics of the court. so they're pointing out that this court has been very willing to expedite other appeals and this one, of course, is of great importance. >> evan perez, thank you very much. with ups v us, former deputy assistant attorney general in the george w. bush administration, tom dupree. why would special counsel jack smith go directly to the supreme court instead of having it go through the normal appeals process? >> one reason only, jake, he wants to keep this trial date in place. he wants to keep it on track. he knows time is not his friend. he knows if he doesn't get an expedited decision from the appeals court, there's a good chance the former president will be able to delay the trial possibly until after the election. >> this is a gamble, right? this is a chance the u.s. supreme court, the 6-3 conservative, including three justices that trump appointed, there's a chance they take the case and say, yeah, trump similar mun for prosecution for the things he did as president. >> absolutely. this is a roll of the dice. there are some folks in jack smith's camp who said let's be very careful what we wish for. to your point, they could rule against us, in which case it's game over pretty much from jack smith. i think from his perspective, he thinks it's worth the gamble. from his perspective, he's thinking, look, the supreme court is going to decide this case and this issue at some point. it's much better from his perspective if they make their decision sooner rather than later. >> jack smith is also asking the supreme court to weigh in on this question of double jeopardy because trump's lawyers are arguing that because he was acquitted by the senate in the impeachment trial, he cannot be criminally tried for the same actions again. i'm confused about that though. the senate trial, there was no penalty -- no prison at hand. impeachment is very different from a prison sentence. >> yeah. look, there's a pretty good argument just on the plain text of the constitution that impeachment and criminal prosecution are separate things, and that the founders envisioned there could be an impeachment proceeding and a subsequent criminal proceeding. as we say sufrn in the world of donald trump and the law, we are in uncharted territory. this is not a question the supreme court has had to wrestle with before. i think you can make historic arguments on both sides. if the court does take this, they'll sure have a lot to chew on. >> i want to ask you about hunter biden's legal case. today hunter biden asked the judge to throw out the three-count gun felony indictment filed in delaware earlier in the year. part of his legal argument is that parts of the plea deal that fell apart over the summer, it's actually still valid and is supposed to block the spouse from filing gun charges. does he have a point? what do you think about that? >> i'm not too optimistic on hunter biden's chances here. his argument is basically we had a deal and that deal is still in place, notwithstanding the fact it seemed to blow up on the launch pad last summer. i think he's going to have a bit of an uphill battle. my sense of reading the tea leaves, she thinks the deal has blown up, too. she doesn't think the prosecution is bound to any sort of agreement and that's retain the freedom to charge him as they did. don't fault him for making the argument. he doesn't have a lot of cards to play. i guess i wouldn't count on him winning the day. >> tom dupree, good to see you. guess who is in talks with federal prosecutors in hopes of striking a plea deal? former republican congressman george santos, who is facing multiple federal charges including fraud and money laundering. let's get to cnn's brynn gingras. what are we learning about a possible plea deal? >> reporter: 23 federal charges, some includes stealing identities of his campaign donors and using that money to further enrich his personal life, whether buying expensive clothes or cosmetic procedures. we're learning from court records filed today, he's expected for a status conference tomorrow in the eastern district of new york. prosecutors signaling they're in talks for a plea deal asking the judge if they can have another status conference hearing scheduled 30 days from now, writing the parties are presently engaged in plea negotiations with the goal of resolving this matter without the need for a trial. we'll see how that sort of shakes out. of course, all the walls have been crumbling for two george santos. two former campaign staffers, they've pleaded guilty to federal charges that they were facing. he was recently kicked out of conference. we also know in the paperwork that prosecutors are going to be asking for his trial, which was expected to begin next september, to be actually pushed up to a may or june date. we'll keep an eye on this one. it does appear there are some sort of talks that are happening which can strike a plea deal with the former congressman in new york. the pregnant woman who challenged the state of texas and its strict abortion laws as she carried a fetus that had a fatal condition. her decision could be lifesaving, but it also could add to her legal problems. stay with us. also in our law and justice lead, rudy giuliani's trial began in d.c. today to determine how much in damages he will need to pay to election workers shaye moss and ruby freeman. giuliani has already been found liable for defaming the two after he falsely accused them of tampering with ballots in georgia. cnn's zachary cohen is with us. what happened in court today and how much are these two innocent, falsely maligned women seeking in damages? >> they're seeking tens of millions in damages from giuliani for defaming them and for their reputation. they want the jury to consider between $15.5 million and $43 million in damages. that doesn't account for emotional damages and also punitive damages. they want to send a message -- they want the jury to send a message with this dollar amount that they land on in this verdict. they want to make sure this acts as a deterrent so people in the future doesn't target poll workers and election workers the way they were targeted. you mentioned rudy giuliani has been found liable. the judge has already determined he did defame these two poll workers in georgia. we caught up with rudy giuliani coming out of court. take a listen to what me said after today's day in court. >> you've heard from one side. stay tuned for my testimony. it will be under oath. like russian collusion, like being accused of -- >> reporter: rudy giuliani clearly thinks he's the best person to get on the witness stand and convince this jury not to award tens of millions of dollars in damages. he's the only witness the defense plans to call in this case. meanwhile, the plaintiffs have a series of witnesses, video depositions. we'll have to see what the jury ultimately decides. >> he really thinks testifying is a good idea? what's he going to say? >> reporter: a great question, jake. we'll have to stay tuned for his testimony. he's the only witness the defense in this case plans to call. it will be up to him. his fate will rest solely in his hands. >> okay. zachary cohen, thank you so much big developments in the case of kate cox, the texas woman who is suing the state of texas in order to get an emergency abortion, only to have the attorney general there, ken paxton, fight her all the way to the texas supreme court. we've learned that cox has left texas so she can get an abortion elsewhere. cnn's ed lavandera joins us from dallas. ed, we know she's tried 13 which means if she's forced to carry this child to term, the child is expected to die within a day or two, and this actually could result in her being sterile and it could cause health problems for her. tell us more about how she came to this decision to leave the state to get an abortion. >> reporter: kate cox's lawyers have been saying for the last week she filed this lawsuit because she wanted to have the abortion performed here in texas where she's close to family. it's close to home. that's the reason she decided to file and not travel out of state earlier. after a weekend of being what her lawyers describe as legal limbo, in that the clock was ticking, they have decided to leave the state, to have this procedure done. we'll go back to friday. that was the day that ken paxton, the republican attorney general here in texas, took this case to the texas supreme court. we've been waiting all weekend long and into today for a ruling from the supreme court. that came just a day after an austin judge granted kate cox the ability to have a legal abortion through a temporary restraining order on the state's abortion law. her lawyers said in a statement today saying her health is on the line. she's been in and out of the emergency room and she couldn't wait any longer. this is why judges and politicians should not be making health care decisions for pregnant people. they are not doctors. over the weekend, jake, ken paxton filed another motion with the texas supreme court saying that in their view kate cox had not proven that this pregnancy threatened her life and her future fertility shouldn't be considered in this particular case as a reason for why she would meet the medical exemption. so the intensity of everything that has gone on for the last few days, her lawyer said kate cox had spent all weekend in bed and they got to today and made the decision to leave the state. >> ed lavandera, thanks so much. cnn's kristen holmes, jenna goldberg and paul begala. paul, this is your be loved home state of texas. what do you make of snit. >> on the day the dobbs decision came down, they said this will not age well. obergefell aged well. the more people accepted it. she's like every day there will be a new case, a new tragedy, a new woman. ms. cox is the first case in texas. it's not going to be the last. >> on sunday i asked republican senator j.d. vance of ohio about this case. he said he didn't know much about it. he said voters don't trust his party about this, this texas case part of it. he said something interesting. take a listen to this. >> we have to accept that people don't want blanket abortion bans. if people see republicans not as the party making it easier to have babies but as a party trying to take people's rights away, then we're going to lose. >> it's an interesting point for somebody against a legal abortion. >> he's also trump's main spokesperson in the senate. this is a messaging trump has been trying to play with as well. look, i am essentially a pro-lifer, and i do not understand why supposedly pro-life republicans keep picking these kinds of hills to die on. it's the kind of thing you're going to lose more voters than win. it's perfect evidence about how dobbs is not going to age well. vance did a good job talking about this compared to a lot of other republicans, but the entire party is largely the dog that caught the car. they've done 50 years of work to try to figure out how to overturn roe and about a five minutes of thought about what a post roe united states looks like. >> kristen, this doesn't seem to be hurting republicans at least in a vacuum, when you look at these polls. brand new cnn poll showing major warning signs for biden in two key battleground states. in michigan, trump 49-44. trump's lead in georgia is double, 50% to biden's 40%. this comes as trump has not only skipped another republican debate, but also skipped his planned testimony in his new york fraud case today. clearly there is also this strategy, as we've discussed before, that his team, whether or not donald trump is aware of this, seems to think that the less the public sees of him, the better. >> if you look at those poll numbers, maybe they're on to something. then you talk about the strategy for skipping the testimony versus the campaign, the testimony was different. he wanted to go up there, wanted to defend his property, his businesses. he essentially convinced his lawyers that was something he was going to do. when he was cross-examined, he felt he didn't get to say his peace. it's a greater risk than reward for him to take the stand again and decided ultimately not to testify. donald trump has often said, at least to media, that he wants to testify in various trials only to later not actually show up and say that the lawyers convinced him otherwise. that was the legal part of this. when it comes to the campaign part, they do have a less robust schedule this time than we saw in 2016, far less. far less than his own republican rivals. >> he's eight years older. >> he is eight years older. he's also not on the debate stage. part of this is because they think he'll be a punch bag. they also think why do we have to do this if we have such a commanding lead. they have told me they might pivot strategies when it comes to debate style. but ramping up in certain states, but they keep seeing these poll numbers and they don't feel they need to be going to 99 counties in iowa. >> i mean, they're right. >> they're clearly right. trump in "the des moines register" poll, a terrific poll, 43 in the last poll. he's 51 today. he's ahead in iowa, which is only 34 days away, by 32 points. the record victory for a republican in iowa caucuses is 13, bob doel in 1988. he's ahead by 32 with 34 days to go. it's working. i don't support trump but clearly did the right thing in skipping these debates. >> the other thing, jonah, this is in a vacuum. first of all, it's a year away. second of all, this is before -- who knows how much money, but maybe a billion dollars spent pointing out to voters that donald trump, other than mitch mcconnell is the person more single-handedly responsible for the overturning of roe v. wade. that will resonate with some voters in michigan and wisconsin. >> bob dole having the second best record so far, maybe the key is to campaign while talking about yourself in the third person. so jonah goldberg had another point. i think a general truism over the last couple years, going back to 2020, 2019, is when joe biden dominates the news, it's good for donald trump. and when donald trump republican dominates the news, it's good for joe biden. unless you're really slavishly addicted to loving or hating donald trump, most people aren't hearing a lot from donald trump. joe biden has been front and center for a good long time. that will change if trump gets the nomination, which it looks like. the torrent of negative stuff and the coverage he'll start getting will at minimum remind a lot of people about why they wanted somebody other than him the last time. i think the polls will even out a little bit. >> quickly, is that true? will trump continue to try to do this basement campaign even after he gets the nomination? >> it's unclear. i think he will debate. they say they want to debate joe biden if he is the nominee. i think it's going to depend on what the polls look like and what his popularity looks like. you have to keep in mind he is going to be in multiple trials, at least one that they believe this january 6th trial will happen, even if it gets pushed and it might not be on that day. even if he is going out there and campaigning, he's not going to be able to be on the campaign trail. if that case is eight weeks, that's eight weeks he'll have to sit in the courtroom. that means only saturdays and sundays off, campaigning two days a week. also, that is exhausting. this is somebody who doesn't want to be exhausted. >> he's 77. >> he's 77. i think it's going to be difficult to navigate how this looks. the next big events of the 2024 calendar are this week, right here on cnn. tomorrow i'm going to host republican presidential town hall with florida governor ron desantis. wednesday abby philip will host a debate with vie wreck ramaswamy. white critics say stril prime minister benjamin netanyahu is to blame for the hamas terrorist group and its source of money. stay with us. first time i connected with kim, she told me that her husband had passed. and that he took care of all of the internet connected devices in the home. i told her, “i'm here to take care of you.” connecting with kim... made me reconnect with my mom. it's very important to keep loved ones close. we know that creating memories with loved ones brings so much joy to your life. a family trip to the team usa training facility. i don't know how to thank you. i'm here to thank you. this just in to cnn. several family members of american citizen hostages kidnapped and missing in gaza had asked to attend a hanukkah reception tonight at the white house but reportedly never got invitations. let's go to cnn's m.j. lee at the white house. what happened here? is it too late for the white house to rectify this situation? >> reporter: i don't think it's too late because the reception hasn't happened yet. this is a hanukkah reception that the white house is hosting tonight to celebrate the fifth night of hanukkah hosted by the president and first lady. what one of the family members of the families -- have family members missing in gaza, believed to have been abducted by hamas on october 7, they told me they had reached out to the white house because several of the families were in town this week, had asked for an invitation to this event but ultimately did not get invited. the white house did not respond to a request for comment. these are family members that are desperately trying to bring attention to the fact that there are still eight dual american citizens still missing, still unaccounted for. obviously the formal negotiations to get more hostages out, we saw those break down earlier this month. there are a lot of questions and the families are very desperate for any news, any movement they're seeing from the white house as well as the israeli government on how their family members are going to get out, jake. >> we know people at the white house watch this show. if they have any questions, reach out to us. we'll involve m.j. and fix this problem if it can be sixed. former u.s. ambassador to israel just called for benjamin netanyahu to resign. he joins a critic of other critics furious over a controversial deal that netanyahu made years ago. in 2018 he started to allow hundreds of millions of dollars in aid to flow into gaza. that aid came in the form of cash stuffed into suitcases which cnn an israeli investigative network found was delivered by qatari diplomats despite protests from members of netanyahu's own cabinet. cnn's nima al beg gar follows the money nor the massive gamble that clearly didn't pay off. >> reporter: israel's mourning continues even as the clam lore around israeli prime minister benjamin netanyahu grows, questioning whether his policies helped prop up hamas n. a series of interviews, cnn and the israeli investigative platform were told how netanyahu allowed qatari cash donations to hamas for years without supervision despite concerns from within his own government. >> $30 million, $360 million. it's simple mathematics. >> it's a lot of money. >> dollar in gaza is like $20 in u.s. for them it was like relief, like oxygen. it's a historic mistake. >> reporter: former defensive minister neftali bennett says he was among those repeatedly raising concerns. when he became prime minister in 2021, he put a stop to the suitcases, moving the transfer of financial support to hamas from cash to a u.n. mechanism. >> i stopped the cash suitcases because i believed a horrendous mistake to allow hamas to have all these suitcases full of cash that goes directly to rearming themselves against israelis. why would we feed them cash to kill us? >> reporter: the cash deliveries were supposed to help, among other humanitarian needs, pay gaza's civil servants. pictures in 2018 showed workers lining up to receive hundred dollar bills. israel approved the deal in a security cabinet meeting in august 2018, during a previous netanyahu tenure as prime minister. an israeli prime minister defended netanyahu saying successful money to gaza, not to strengthen hamas but prevent a humanitarian crisis. that's true, but no one else approved it in cash. former prime minister bennett says that netanyahu underestimated hamas. >> i think the approach towards hamas was one of sort of nuisance type terror organization that can shoot rockets, can cause a bit of havoc here and there, but not much more than that. >> so underestimate. >> absolutely. in that sense we've learned a lesson. we have to believe our enemies. >> reporter: this lesson has become a turning point for israel, one even longtime netanyahu allies acknowledge. >> this was a strategic lesson for the israeli society, that you can talk a lot about peace, you can try to do a lot of things. you can come to the white house and get some nobel prizes, but at some point enough is enough. and if you ask what similar bowl lies october 7, october 7 mostly symbolized the israel society, no more take risks. >> reporter: risks such as this, heeding the toll of international calls to slow the pummeling of gaza before israel is satisfied hamas has been destroyed, whatever the cost. nima el bagg gir cnn. in the face of hamas's horrific sex crimes and rapes against women and girls, an 8-year-old voice delivering the charge, will join me next. in our world lead, quote, if people don't speak up, evil operates with impunity, unquote. these words written in a powerful new opinion piece for cnn titled "after my grandmother's ordeal in the holocaust, i have to speak out about sexual violence by hamas." the author alexi myers joining us. her grandmother clara barely made it out of nazi germany. clara harris was just 17 in poland when a german officer told her he would save her family under one condition, that she have sex with him. so he raped her, and he lied about saving her family. nazis ended up brutally executing her grandparents, her mother, father, two little sisters and brother. clara's granddaughter alexi joins us now. your grandmother often told stories of the holocaust, but it wasn't until her death bed that she revealed this awful story about her rape. tell me about her. what was it like to hear this? >> so my grandparents talked about their stories of survival often. probably not at first, but by the time i was born and my cousins and i were always around, they started to share bits of their story. it was stories about growing up in poland and their religion and their family, all the way through the holocaust. each of them had harrowing stories of survival and strength. it really taught me that there was absolutely no choice but to speak up in the face of hate and that atrocities like this can only happen when people don't speak up. they happen in a vacuum of sil silence. so it really instilled this deep sense in me. when my grandmother was dying and i was actually only 10 at the time, she spent her last summer living with us, and she confided this story to my mother. i know that's really young to have shared it with me. my mother did share it with me at the time, probably not really knowing how to process it and where else to go with it. it's something i've lived with my whole life, but i don't think i quite understood the impact of that story and of my grandparents' legacy until recently, until october 7th. >> yeah. this, in part, compelled you to write this op-ed, to speak out about the sexual violence and rapes against israeli women an girls committed by hamas on october 7th. tell us about that. >> so i worked for a non-profit that combats gender-based violence. i lend my voice every day . the goal of these organizations and organizations we work with is to give survivors a voice. what i've seen in the last few months is that many organizations whose core value to stand as survivors aren't. they're demanding proof and evidence beyond a standard that we do even for prosecutions in this country. they are erasing the experience of these women and girls that were brutalized by hamas on october 7th. and by doing that, they're compounding the trauma. they are empowering the perpetrators who prey on vulnerable women and girls and that nobody will believe them. it's a tactic used by perpetrators to get their victims to not speak up. sadly, these women can't speak up because many of them were murdered and don't even have a voice. so it's so important that people with platforms, that organizations with platforms stand up for survivors of the sexual assault on october 7th. whether you believe in -- it's not a two-sides situation when you're talking about sexual violence and rape. it's just astounding to me there's any silence when we're talking about sexual violence committed. >> yeah. it doesn't have anything to do with the two state solution or what's going on in gaza or the idf, netanyahu. it has nothing to do with it. it's just atrocities on october 7th exist in their own bubble. do you think that learning about what happened to your grandmother was so young impacted your decision to become an advocate for these victims? >> it absolutely did. the pathway to where i am now is a bit circuitous. i studied international war crimes in the hague. i was a prosecutor prosecuting sexual violence cases. now i do advocacy and my main focus is on strengthening laws for human trafficking victims. in all of these scenarios, i was moved to stand up for people who don't have a voice. that was something that was instilled in me from day one from when i was -- i played anne frank in the an anne frank exhibit in albuquerque, new mexico, when i was 7. it was just a topic that was always present in my house and something i've been thinking about a lot in the last two months is a phrase my grandfather said all the time. he also survived the concentration camps. he would say all the time, the nazis were evil monsters, but by far the bystanders were the worst. he felt so be troid by those who didn't stand up for him. he was a dentist. he had clients, he had friends, had neighbors. those people who didn't use a voice to stand up for him and his community and his family just plagued him for the rest of his life. >> you must be concerned about the hostages that are still there, particularly the young women. a lot of them in the army, and a lot of them civilians in their teens, 20s, 30s. i've heard a lot of people in israel and even in the biden administration express fear, and we've heard some of the survivors -- some of the kidnapped people who were released say that they're probably being sexually abused by hamas. >> it's very likely that they're still being sexually abused by hamas. i think it's really important when we're thinking about the hostages to picture them. even saying the hostages sort of removes us a little bit. these are young women and girls, the ones we pass on the street, at our kid's gymnastics, at school. it's happening to them. when they're returned, they're going to have such complex trauma. i hope that they get all the trauma informed care they really deserve. we need to demand they come home now. >> it would be nice if people were marching in the street for that. alexi meyers, thank you. >> thank you, jake. coming up, what war looks like in ukraine as president volodymyr zelenskyy arrives in washington trying to get more help for his country. nice footwork. man, you're lucky, watching live sports never used to be this easy. now you can stream all your games like it's nothing. yes! [ cheers ] yeah! woho! running up and down that field looks tough. it's a pitch. get way more into what you're into when you stream on the xfinity 10g network. in our world lead ukrainian president volgdz arrives in washington this evening. his mission is to urge lawmakers to give ukraine more funding. cnn's nick paton walsh is in ukraine with a look at how the military is doing more with less. >> out of kherson city, the russians invade, you reach a new phase of hope and anxiety in this war. down on the edge lone groups of ukrainians are making rare advances into russian occupied land. but it's tiny tools, hand rigged, donated drones and small gains. the u.s. is stalling on the big money ukraine needs to make the breakthrough the west wants and you can feel the anger of that here. it is relentless work. i think it will be very difficult without american help, he says. our supplies are also ending so we need theirs. we launched 15 to 20 and i got ten minutes rest between flights, the pilot says. i never imagined this would be my war. it's the play station generation headsets directing cheap, single use drones on a one-way flight into russian lines. he's just saying the weather's cleared up. the fog was settled over the river and the russians are very i aware of this. >> this keeps the russians off the road by day and helps ukraine take ground. now they maneuver towards a russian check point. killing here somehow remote. yet also intimate. another prized target emerges. their russian equivalent drone unit hiding in a red roofed house worth sending two drones out. the first, taken out by jamming. the second. >> boom. >> at night, another unit elsewhere near the city takes over. thermal images helped them find russians hiding in the woods across the river near a village where ukraine has a foothold. they use a device to spot the frequency used by a russian drone passing by. this operator dons a new cloak as he launches a drone off the roof. see how it reduces his heat signature. probably invisible to the russians above. the night is no rescuepite for civilians. sirens, yes, but also a series of russia attack dreen drones. lights off, lights off. they close in on us. the motor whine lower as it passes over our heads. antiaircraft guns pierce the blackout. there really is little life to be enjoyed here. what's left of russia isn't the news there are rare food handouts. they're fast gone. the shelling is relentless. a woman injured here the night before. her neighbor knocked off her feet. >> i don't dreamink, but yester i drank a bottle of wine. we all have our guardian angels. >> kherson, liberated last year, is still in the grip of the war. and unless they push the russians back, a dark and bloody normal awaits. in t summer, we saw kids out here playing. it's not just the bitter winter that's forced them indoors. it's the fear of artillery strikes. a protective wall built around the childrens' playground. the city getting ready for a bit more of life underground. some of it in bomb shelters. especially here at the maternity hospital still open for tiny miracles. and readying this basement to be their new ward. built by the soviets for nuclear war, it's now a shelter because the floors above have been hit again and again. but there are sparks of life here. even if this is the view she had when she gave birth just seven hours earlier. >> translator: it's not scary. we've got used to the shelling. i've been here since the start of the war and occupation. we'll only leave if the heating goes off. >> kyra conceived in spring but born to russia's loss to a slow grind to nothing. >> and our thanks to nick paton walsh. the u.s. supreme court has responded to jack smith and they say they will expedite consideration for the justices to rule on donald trump's possible immunity. the impact of this major request ahead. a minnesota man is free tonight after spending 19 years behind bars for a crime he did not commit. marvin haines was sentenced to life in prison in 2005 for killing a flower shop clerk. today, a judge overturned his wrongful conviction after prosecutors concluded he did not get a fair trial after all. the great north innocence project representing haines argued detectives used quote problematic police lineup procedures and faulty eyewitness accounts. our coverage continues with one wolf blitzer next door in "the situation room". i will see you tomorrow. happening now, breakin