us says no american troops set foot in gaza during the >> the operation. thanks very much for watching. i will flutter in this room bronk next, justice samuel alito, throwing his wife under the bus is calls grow for him to recuse himself from any cases related to trump. >> those crucial opinions are expected any day and the nation's top constitutional expert, laurence tribe, is out front plus mtg versus aoc marjorie taylor greene. now, doubling down after a late night house for that played out on camera. top democrat and not hearing room as my guest. >> and cnn's exclusive video of sean diddy combs physically assaulting his former girlfriend a reporter who has long covered the mobile is out front. >> is this just the tip? for the iceberg? >> let's go out front and good evening. >> i'm erin burnett outfront tonight. my wife did it. >> that is the excused from supreme court justice samuel alito as voices are growing louder for him to recuse himself from two crucial cases tied to trump, cases that the nine justices are deciding right now, we could find out and some of the please, any day they're related to trump's efforts to overturn the election and that is why this image is at issue. >> the image obtained by the new york times was taken just days after the january 6 insurrection. and as you see, that's the american flag, intentionally flown upside down. it is flying outside the home of justice samuel alito now that choosing to do that is a known symbol of solidarity among trump's supporters who believed that the election was stolen. now, tonight, alito is insisting that he had nothing to do with it, telling me are times quote, it was briefly placed by mrs. alito in response to a neighbor's use of objectionable and personally insulting language on yard heard signs. mrs. alito blaming his wife while the blame mrs. alito excuse, is not flying with the chairman of the senate judiciary committee, dick durbin saying in a statement, he says a leader should recuse himself from any cases related to the 2020 election. obviously that means the immunity case and the jack smith case derbin rights in a statement, flying an upside down american flag, a symbol of the so-called stop the steal movement, clearly creates the appearance of bias now, just to state the very obvious here for me, for everybody watching the supreme court justice should know better than to have such a blatant political display in his front yard. it's common sense but if there were any question about it, the court does have an internal rule book that he could have consulted. it reads employees may not engage in partisan political activity. for example, publicly support or oppose a partisan political organization or candidate this includes displaying signs are bumper stickers, or stating positions on social media pretty obvious stuff. >> but important to note in the context of the fact that public trust and the supreme court is near record low according to a gallup poll. and the supreme court, as i speak, as i said, they are as we speak making crucial decisions. >> they are considering outcomes that could determine the next election. remember one of the two cases? they are deciding is the immunity case. that's trump's defense that he has absolute immunity from criminal charges in relation to anything he did while in office if the supreme court grants trump at immunity. jack smith's case is done and over it is gone and never see the light of day and the other issue before the supreme court involves the justice department's ability to charge participants in the january 6, could affect hundreds of convictions. now, of course, it's not just alito on the court who is letting his wife take the heat. justice clarence thomas has been silent about his wife's attendance at trump's january 6 rally. and are efforts to try it overturn the election, including text messages that she sent to mark meadows, trump's chief of staff. one said, help this it's great president stand firm mark, you are the leader with him who is standing for america's constitutional governments at the precipice. the majority knows biden and the left is attempting the greatest heist of our history again, that's clarence thomas, his wife, ginni the bottom line is two of the nine justices on the american supreme court have spouses who have made very clear, unambiguous political statements and actions and words. and those justices are sitting on the bench. and as we speak weighing in on cases that will determine the presidential election and trump's fate. jessica schneider is out front live outside the supreme court and jessica this is really an incredible moment, and this is a court that find itself embroiled deeper and deeper and controversy yeah i mean you, got it, aaron. there are multiple ethics questions facing this court all while the public approval rating is just plummeting, you heard from democratic senator dick durbin calling on justice alito to recuse himself from any 2020 related case but all signs right now, or that justice alito nor justice thomas have any plans on accusing all while there's this mountain growing questions and criticism have you enjoyed your husband being on the court so far? >> well, it's been quite an adventure as you can well, imagine, martha and alito has largely stayed out of the spotlight since her husband joined the supreme court nearly two decades ago, and his far-right views came under attack during a grueling confirmation process. that left her emotional and senator lindsey graham jumping to his defense. guilt by association is gone. dr. goodman and women away from wanting to sit where you're sitting. >> but now her husband is putting her squarely in the spotlight because of this picture published by the new york times showing an upside down flag that became a symbol of this stop the steal movement after the 2020 election flying outside of the alito's home in the days surrounding joe biden's presidential inauguration justice alito has laid the blame on his wife in this statement to the new york times, i had no involvement whatsoever in the flying of the flag. it was briefly placed by mrs. alito in response to a neighbor's use the objectionable and personally insulting language on yard signs. >> i have met justice alito decent person. i think this is just beyond the pale at this point, you can have people doing this. i have a wife who has very strong opinions about things. i took some real shots when i was on the federal bench. but you keep that in the house, martha and is just the latest supreme court's spouse at the center of controversy. ginni thomas exchanged texts with trump's then chief of staff, mark meadows pushing him to challenge the 2020 election results. >> we've got petitions pending before the supreme court, and she communicated with john eastman, the architect of the fake like doors scheme, and the man who pressured mike pence to refuse to certify the results thomas has so far not recused and current cases being decided by the court the issue here is not that a justices spouse can't do things. >> the issue here is that a justice is responsible to the high calling of the rule of law. >> justice thomas and justice alito, reliable conservatives on the court have also indicated they could be leaning toward trump and hundreds of capitol rioters in cases this term, there have been many a violent protests that have interfered with proceedings as the government applied that provision to other protests in the past, the president may be criminally prosecuted by a bitter political opponent. will that not lead us into a site? goal that destabilizes the functioning of our country is a democracy now, it should be noted that justice thomas did recuse himself from a case involving john eastman. >> now when it comes to that immunity decision involving the former president trump, the decision from the court really could come at any day now, and aaron, that decision will directly impact whether and when the trial the criminal trial against donald trump will move forward here in washington. and like i said so far, no signs. justice thomas or justice alito will recuse aaron thank you very much. and now, laurence tribe, noted legal scholar and professor of constitutional law at harvard, joins us and professor a barely appreciate your time. >> do you think that justice alito should recuse himself from all cases related to trump and to the election at this point i do i don't think there's any question about it. >> it's in many ways more serious than what we have seen with just thomas. at least justice thomas could say that my wife, ginni has her own separate career we don't talk about the cases you may believe that or you may not. but that's a very different from what's going on with justice alito he's not saying my wife has her own separate career. he's throwing her under the bus and blaming her for what is on his house, his flagpole it's his flag malfunction. it's his upside flag and everyone knows that the upside-down flag, which the united states code says should be flown that way only in cases of absolute emergency as a kind of sos was in this case a symbol of the clock claim that the election was stolen from donald trump. it was the banner of the insurrectionists. and i'm reminded of something that the late justice scalia said in a opinion he wrote in 1987 you cannot expect to ride with the cups if you cheer for the robbers. this case, justice alito expects to preside over a decision about whether there wasn't his direction and who was responsible for it and whether donald trump, who has been charged with involvement in trying to obstruct the operations of government and the transfer of power is immune number of cases before the court. he's obviously not qualified to, sit in this case so the fox news anchor that shannon bream spoke to justice alito after the photo was published. >> and professor tribe, she wrote on social media bit more detail. she said he told me a neighbor on their street had an f trump sign that was when fifth with it. i'm sorry. was within 50 feet of where children await the school bus so in january of 2021, mrs. alito brought this up with a neighbor following that exchange, mrs. alito was distraught and hung the flag upside down for a short time. again, as you point out, no one who would flag the fly, the flag this way at that time would anybody who would do that knew exactly what they were doing but this is like even more detail that he is providing to fox news. what do you make of this excuse? >> well, i think what we need to hear from is not mrs. alito, but justice alito under oath before the senate judiciary committee. >> it should consider ducting an enforceable code of ethics right now, 28 us code section 4505 says that any federal judge or justice must not may, but must recuse him or herself. >> in any case where either that justice or the justices spouse has an skin in the game there's no distance here between mr. alito and mrs. alito it's clear that whatever offensive sign was involved that dispute between neighbors trivializes what's involved here is certainly didn't the alito kids to have the neighbor foot an fu sign, right? >> i didn't state the obvious. they're not that someone couldn't be upset for other children, but their children were not in that in that age group. but again, as you point out, it's the response and the choice of what they did is very substantive, insignificant. it's not just something you would do if you didn't if you didn't believe in it. that's the very clear implication here not they're not protecting their kids by flying that flag upside down what they're doing is expressing solidarity with one side of a very serious ongoing dispute about which the accountability of the former president is very much at stake. >> that's not neutrality, that's not activity. it's tipping your hand. and justice alito tip his hand during the argument more than once, and obviously, just to state the obvious hear the immunity claim could be decided any day there was suddenly thought we might even have heard that this week and alito is sitting in the in in that he is making that decision now and he may be responsible for delaying it. >> after all, the protocol within the court is the different justices dissenting and alito is probably writing a dissent from a rejection of the extreme claim of absolute immunity that didn't seem to gain practice section with the court. >> if for justice is descending, you wait till the decide is done before announcing the case so by delaying this immunity decision. >> so long that a trial can't occur before the election the effect may be to give de facto immunity to the former president, who if he wins the election, will pick an attorney general who will dismiss the case. so ultimate our ability is very much on the line. >> all right. crucial points. so professor tribe, great to see you and thank you so much thank you, next mtg versus aoc are your mailings? her words down? oh, oh, girl, baby, girl? >> really tonight mtg doubling down plus disturbing video obtained by cnn shows sean diddy combs violently assaulting in his ex-girlfriend, throwing her to the ground kicking her, and dragging her all of it on tape and the speculation grows over whether trump will testify in the hush money case outfront uncovers video of trump telling martha stewart why she had to testify in her own defense. >> will he take his own advice do you have to get up in the stand and she has to say, i didn't do it. i'm innocent hey, there, brenda. it's carroll exactly so which like are we operating on arm it's all connected, asking the right question can greatly impact your future. >> you share your an orthopedist. >> actually, i'm a sagittarius specially when it comes to your finances, give a question. >> are you a certified financial planner? >> yes. i'm a cfp professional, cop professionals are committed to acting 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you management tastes work we have a transparent fee structured, so we do better when you do bette norman, bad news... i never graduated from med school. what? -but the good news is... xfinity mobile just got even better! now, you can automatically connect to wifi speeds up to a gig on the go. plus, buy one unlimited line and get one free for a year. i gotta get this deal... i know... faster wifi and savings? ...i don't want to miss that. that's amazing doc. mobile savings are calling. visit xfinitymobile.com to learn more. doc? free because it otter.ai, ai or download the app. >> i'm kevin lived ttac at the white house and this is cnn tonight. >> marjorie taylor greene doubling down after a fight broke out in front of cameras in a committee hearing mtg just moments ago saying quote, aoc isn't intelligent jasmine crockett has fake eyelashes. these aren't attacks on personalities. these are just facts house oversight committee devolving into a circus late last night. >> watch for yourself i'd like to know if any of the democrats on this committee are employing judge merchan's daughter please tell me what it has to do with merrick garland she a porn star o goldman. >> that's right. he's advising okay he's advised and who what do you do you know what we're here for? >> you know, we're here you know what, you're here for, what you don't want to talk about. i think your fake eyelashes are messing up order mr. chairman to take down ms greene's words that is absolutely unacceptable. >> how dare you are your feelings, her words down? oh, oh, girl, baby, girl oh, really don't even play baby girl. >> i don't we are going to move and we're going to take your words down motion. >> so okay. ms green agrees to strike her words. >> i believe hold on. >> then after mr. perez, you'll be recognized and miss i'm not apologize what the i not apologizing. >> well, let's go come on, guys. >> why don't you debate me? >> mr. chairman the minority cells ever you're not yeah. you're not you don't have enough intelligence. chair recognizes mr. perry. >> okay move to strike three. ladies words again? >> that's the two requests to strike. that's two requests to shao. >> they cannot take another motion to strike her words again. members and here's the correct the correct parody, ms green, do you ask you to analysts? do you agree to a unanimous could to track your work? >> i repeat again for the second time. yes, i'll sorry. my words but i'm not apologizing out. >> objection, mr. chair, point of order it's me ms crockett. >> i'm just curious just to better understand your ruling. if someone on this committee then starts talking about somebody's bleach blonde, bad built, butch body that would not be engaging in personalities, correct? >> what now? >> chairman. >> i make i make a motion to strike those. i don't think that's fine. >> clarification on what you said. we're not going we're not gonna do this like you guys earlier, literally okay, so get calm down. calm. no, no, no, because this proceed you're not recognize. >> you with your yellow white mom down, you please call me to calm down you are out of control as if verify mr. chair order inus now, live on capitol hill all right. well, that was embarrassing. what else is marjorie taylor greene saying tonight? melanie will greene is not backing down and she is not apologizing. not only did she doubled down on those insults towards democrats, but in the last hour or so, she's now attacking mike johnson for criticizing her behavior. let me read you part of what she wrote on social media. she said how ridiculous is it that the speaker runs his mouth about decorum? when our opposition refuses to follow it at all. now, speaker mike johnson did not mention green by name today and it's no secret that they have been at odds ever since greene tried to oust him from the speakership, but johnson and did say that he thought that chaotic outburst last night was regrettable, and he encouraged members to treat each other with respect and dignity and to follow proper decorum. so there's really was a big distraction for republicans who are trying to keep the focus on their efforts to hold them biden administration accountable. and meanwhile, of course, she's also merchant taylor greene facing heat from democrats who have pointed out her past history with racist remarks, congresswoman crockett said that greene's decision to point out her eyelashes and talk about her looks was rooted in racism and that's why congresswoman crockett said she felt the need fight back so hard. but in response, green's office said the only person who brought up any reference to color was congresswoman crockett. but indeed this was just not one of the finest hours inside the house of representatives, which frankly over the past few year or so has really not seeing a lot of high moments just to be frank with you, aaron, and a fair fair point. >> all right. thank you very much, melanie. i want to go now to the democratic congressman, jamie raskin of maryland. he's the ranking member of that committee. you just saw the house oversight and accountability committee and we saw you there, obviously, of course congressman on camera in that so marjorie taylor greene tonight saying she won't apologize but it all she did was state the facts and she now has words for you she says she just posted every single committee hearing, every single floor speech democrats attack smear and hurled personal insults against president trump, just like jamie raskin did in his opening statement last night. what do you say to her posting this now thanks for having me because there's so much emotion and passion in politics, parliamentary institutions have rules and the rules are very clear in terms of the language we can use. >> you can debate the substance extensive issues, all that you want in a wide open, robust way, you can debate the process is taking place as much as you want, but you cannot engage in face-to-face personal insults against other members, including mocking their physical appearance. so this was a failure of leadership when the chairman of the committee declined simply to rule her words out of order and to have them taken down as mesocosm cortes immediately moved to do when he refused to do that at that point, it unleashed the chaos in the committee. and that's what led to ms crockett's clever answer. in the form of a hypothetical question about what the chairman would actually indulge in terms of dialogue going forward. and i told him, if you allow this to take place, you are destroying rules and decorum and the committee and ms green had actually done this before when she displayed pornographic photographs putatively from hunter biden's laptop, although that was never proven anywhere and she displayed in the committee in a completely irrelevant in immaterial way, did nothing to do with where you're talking about. and again, the chairman was afraid to discipline her in to tell her no. and at a certain point, the republican conference is going to have to get on top of their marjorie taylor greene problem, but instead they continue to empower her so the speaker johnson, there are many in their party who would agree with you fully, wholeheartedly, just ask ken buck, but i want to play a moment that has gotten a bit lost in all of this drama. >> and this is near the end when you practically begging for an adjournment for the night. let me just play that i think these 17 hour days might not work for us something about working yeah. >> maybe showing up for a vote you have a lot to saving that you're on retainer for the judge's daughter. sorry, trust fund. >> mr. chairman we should strike those words, too. i hope you brought your popcorn ms after we called mar, they were making comments about marjorie his body, so we can buy the most determined this is out. >> we should, we should adjourn, mr. chairman notion at the desk. mr. chairman, i think my body's pretty good and i'm going to be one of order month all right. >> and you could hear her there at the end comes from could you just explain you made the comment about 7:17 hour days. but what exactly even even happened here was the reason that you were all there on a 17 our de well, i'm glad you're asking because the markup session that you saw which was supposed to be about they're ridiculous attempt to hold the attorney general of the united states of america of america, merrick garland, in contempt, was scheduled for 11:00 a.m. yesterday, and then suddenly at the very last minute in the middle of the night who's, moved from 11:00 a.m. to 8:00 p.m. and we've not done an unnecessary nighttime session like that. >> so everybody was trying to find out why. well, then it turned out we learned from the media there were five members of our committee who went and followed the spiritual pilgrimage up to donald trump's criminal trial in new york during the day following speaker johnson in going up to trump's trial, the loss of those five members meant that the democrats would have been in a majority on, in, on our committee. and in the markup session, and therefore, they couldn't abide that, so they moved it to 8:00 p.m. when they got back from new york number of them? a number of republican members missed votes in order to go to duck, donald trump's trial when they got back, they tried to truncate the proceeding to cut off debate about whether or not the attorney general should be held in contempt. they tried to reduce the amount of amendments we could have in the amount of time we have to introduce subelements when we successfully thwarted that. at that point, they just begin our hurl insults at our members and then when they got through that period and maybe you could show this to for the first time in 70 years, they cut off the minorities attempt to offer amendments and to have debate on what they were doing. and so in their completely ridiculous effort to sanction the attorney der on the united states in order to cover up for their historic flop of an impeachment investigation, they trampled pretty much every rule that we had and trashed the decorum of our committee before we go. >> congressman, could i just ask you one? their thing? congresswoman crockett has suggested that alcohol may have been a factor in greene's behavior, which started all of this were you able to see anything on that or have any do you think there's anything to that? >> well, but i did not see anybody drinking. there were certainly people drinking out of cups there and our colleague from new mexico, ms dance, barry raised that. she asked the question whether there was drinking of alcohol taking place in either the committee rooms or in the hearing? but it was a very rockin' frat style atmosphere that took place at 8:00 p.m. again, when these members came in from new york, number of them having missed the legislative proceedings for the day so this was to me a radical breach of decorum. and i would hope that speaker johnson, if not, chairman comer, could get on top of what's taking place over there. but in any event, all of it follows from the lawlessness of donald trump, who made them launch this stupid impeachment investigation in the first place, there's nothing there, and they've got nothing real to talk about i'm congressman raskin. >> i appreciate your time. thank you you bet. next, the incredibly disturbing video, sean diddy combs, one of the biggest names in entertainment, shoving, kicking, and dragging its partner, executive producer of tmz, who has long covered combs, is next, plus a new ad tonight taunting trump to take the stand in his hush money trial take the stand. donald, or admit your a coward why choose asleep numbers smart bad? can it keep me warm when i'm cold wait. >> no, i'm always hot. >> number. does that now say 50% on the sleep number lineage? did addition sworn bet plus 0% interest with 36 months. chuck, now, it's sleep number my daughters, emilia 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saturday morning starting tomorrow at eight on cnn tonight's silence from sean diddy combs after cnn obtained disturbing surveillance video showing the music mogul's shoving, kicking, and dragging his then girlfriend and a hotel in 2016, it's shocking footage and it comes up for federal authorities searched two of combs homes as part of an ongoing sex trafficking investigation an investigation stemming from allegations and five different lawsuit's allegations that he has vehemently denied elizabeth wagmeister is out front with the story and i do warn you, you're going to see this video here and it is difficult to watch new surveillance footage obtained exclusively by cnn appears to corroborate some of the allegations of abuse against music mogul sean diddy combs, the video captured on multiple campus amra's shows combs wearing only a towel, assaulting his then girlfriend, cassie ventura, in a hallway at a los angeles hotel in march 2016, a lawsuit filed by ventura in november last year and settled the next day referenced actions that seem to match those seen in this video. there is no audio according to the complaint, comes became extremely intoxicated and punch ms ventura in the face, giving her a black eye, which according to the lawsuit, prompted ventura to try and leave the hotel room. the surveillance video obtained by cnn begins as she enters the hallway. the complaint says, as she visited mr. combs awoke and began screaming at miss ventura. >> he followed her into the hallway of the hotel while yelling at her. the complaint goes on to say he grabbed her and then took glass vases in the hallway and threw them at her in the surveillance video comes can be seen grabbing ventura in throwing her to the ground as i'm tara lies on the ground, combs then kicks her twice and attempts to drag her on the floor back to the hotel room. >> ventura is seen picking up a hotel phone. comb seems to walk back to the hotel room, then returns and appears to shove her in a corner moments later, he can then be seen throwing an object in her direction. according to ventura's now settled lawsuit, the pair began dating several years after they met in 2005. they parted ways in 2019. comes attorney said the decision to settle was a no way an admission of wrongdoing. ventura declined to comment on the video, but her attorney told cnn the gut wrenching video has only further confirmed the disturbing and predatory behavior of mr. combs. words cannot express the courage and fortitude that ms ventura has shown in coming forward to bring this to light. the video hasn't been seen publicly before and comes on the heels of a series of civil lawsuits alleging combs involvement in sex traps after gang and sexual abuse. allegations that combs has repeatedly denied authorities, searched. combs homes in los angeles and miami and march as part of an ongoing federal investigation carried out by a team that specializes in human trafficking crimes in a december 2023 statement, combs responded to the claims in some of the lawsuits saying sickening allegations have been made against me by individuals looking for a quick payday. let me be absolutely clear. i did not do any of the awful things being alleged now we have not heard back from sean diddy combs, attorney is other than that statement that we saw from him on his instagram, which wasn't even specifically about cassie, that was about all the lawsuits, but who we are hearing from tonight, erin, is caseous husband. she is married and shares two young daughters and he posted what he said was a letter to women and children. this is part of it. he says, quote, men who hit women aren't men, men who heart women, hate women to all the survivors your stories are real and people believe you. >> i want to raise my daughter's in a world where they are safe and loved he's getting a lot of praise for that statement tonight, erin. >> all right. >> elizabeth thank you very much. and i want to go now to charles, allowed to vote here he is the executive producer at tmz, which just released the documentary, the downfall of diddy and charles. you have covered combs career for decades. so what was is your reaction when you first watched this video absolutely stunned aaron. >> it was it's one thing to read those allegations in a lawsuit but when you actually see the violence that did he exerted on cassie it is just stunning to see someone that we have a lot of us have grown up listening to his music and enjoying him as an entertainer it's really difficult to think about that and to see him in that light after you see him doing this in this video, right? >> and it seems that he obviously, it was where there could be surveillance video and had bought it and how did at home it seems from then they went and searched his home and had it. so it is incredibly disturbing. your documentary on combs fear feature and his downfall specifically, feature several people who have known him incredibly well over the years. one of them is named aubrey. oh day, a singer for years was part of the group formed by combs on the mtv show, making the band and just in the context of what we're seeing now, this shocking video, i want to play for video, for viewers, something she said the miss treatment was enough for me to have to spend a good amount of time in the hands of professionals to learn what grooming is an unlearned the grooming, the abuse was navigant enough to change the course of my life charles mean, you knew about people saying things like that. you knew the stories now obviously you're seeing this video with your own eyes. what's different now? >> yeah. >> i mean, what's different now is actually that there is proof before it really amounted to a she said he said and aubrey had been making these claims very loudly for years and i think what she what she told us is when you're going up against someone is powerful influential as diddy is in the entertainment world. it's hard to get people to believe you unless you have some hard proof like this. and even if they believe you, it's hard to get them to speak out publicly and support you because the reality is people fear a backlash. >> and charles, just to, i guess, just to think about this again, the statement that he put out, but elizabeth was sharing that i am not did not do any of these horrible things that have been alleged. now, i know other things have been alleged, but now we know that not only did he did he did he hit her and du this that he knew he bought the tape. he hit it i mean, does it does it does it change your view of the person that i know you have covered and all of you with your work have seen up close and personal for many years yeah. it absolutely does. because he made that denial. i know that he could go back and say that that statement was only referring to the other lawsuits because at that point, he had settled the casie lawsuit. and so in his mind, maybe he's thinking that's not even part of the equation anymore. that's not something people should be discussing. but obviously, people work discussing it. and even after he made that statement in december, more recently, within the last week, he posted something referring to i believe the statement was something like time will show time will reveal the truth and that statement clearly is come back to bite him now because time has revealed the truth, because now we've seen this video and it's really odd that he would have posted something like that. again, it makes you wonder what's going through his head when he obviously knows that this happened and maybe just thought it would never ever come out, right? >> it says we knew we had the tape and who knows what else in his home and then it was when you had federal agents come in. we'll charles, i really appreciate your time. thank you for talking to me and i hope that everyone will watch tmz presents the downfall of diddy because i know it is now streaming on tuesday and we want our viewers to know that if you or anyone you know, is struggling with domestic violence, to call the national domestic violence hotline, the number is one, safe next newly unearthed video showing trump making the case as to why martha stewart needed to testify in her own trial. will he take his own advice? plus new video tonight of the dire conditions in southern gaza, as we're learning that some age just arrived for the first time by way of that american-built floating dock sail through the heart of his cities an unforgettable scenery with viking unpack once and get closer to iconic landmark local life. >> and cultural treasures because when you experienced europe on a viking long ship you will spend less time getting there and more time being that viking exploring the world in comfort. >> when enamel is gone, you cannot get it back, but you can repair it with pronoun will repair it penetrates deep into the two to actively repair acid weakened enamel, i recommend for normal repair with new 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in the stand and she has to say, i didn't do it. i'm innocent i mean, we don't want to hear from secretaries. >> this is this is exactly of course, what we've we've heard, right? trump's assistance have common testified and people who signed checks and manage checks, that's what we've seen in this case. now, trump also took a victory lap after martha stewart was convicted, he told playboy and park quote, i think martha made a tragic mistake when she didn't testify. when i heard she wasn't testifying, i said she's absolutely going to be convicted for now. defense attorney terry austin, familiar face, of course, to everyone watching. she's been in court for trump's trials since the beginning. >> so terry, i mean, you've been watching this jury and you see trump's point of view. >> i mean, it's as if if you just change the names he's talking about himself. and it shows his worldview that had she stopped spoken for herself, she wouldn't have been convicted. >> do does this jury, as you look at their faces every day, do they want to see him get on the stand and say quote, unquote, i didn't do it of course they do. anytime you have a crime that involves intent, the jury is going to want to hear from that defendant. this crime is 34 counts. we have those checks, those values what's yours and those ledgers and all of those say that look, the invoices, all of it is saying you intentionally falsified these records, the jury wants to know whether or not you knew these were false records. they also want to know whether he did it to influence the election and only trump can testify to that. and i do think the jury, even though they haven't been looking at him, aaron, they've been looking at the attorneys. they've been looking at the witnesses. they're not really focusing on him, but i think they would want to hear from him because the crime involves intent involves intent. so clearly, right. that's the whole point. i mean, now it's the martha stewart thing i've thanks. just really shows how we see things because martha stewart was this was a wall street crime in new york situation. and somehow personal to him, but he has also taken the other side of this in cases of others he knows, like mike tyson in 1992, he said mike size since lawyers were wrong to let him testify in a rape case where tyson it's and was found guilty. here's trump if he didn't testify, he would've been exonerated totally. >> if the jury said that mike was arrogant, he was a horrible witness from what i understand and i'm not surprised. i mean, i would say that generally speaking, you don't put my goal as a witness but he was a horrible witness now, no, daddy wouldn't think there's about himself. >> he didn't think he'd be a horrible witness, but it does show that he could see this a different way. so terry, when you think about what would be asked and how much the defense could control what's in the realm of trump having to talk about do you think that his lawyers are going to do it? >> no, i don't i don't think his lawyers want him to do it. i think they've probably advised him of that. they already cannot control him. the judge has said to the attorneys for trump, you haven't been able to control your client with all of these gag orders and so i don't think they're going to to be able to control him when he gets up on that stan and don't forget he's going to have to sit through cross examination and he's going to i think have to take the fifth. and if you take the fifth, that's even worse than we've heard trump talk about defendants who take the fifth, that must mean they're guilty. so i don't think they're going to put him up there. >> all right. terry. thank you very much. a great weekend. and of course, we'll see after the next day of trial next grim discovery in gaza, the bodies of three people taken hostage reportedly found in a tunnel today at america's beverage companies are bottles might still look the same, but they can be remade in a whole new way. >> 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[ chuckling ] ♪ ♪ chef's kiss. to your door. download the free i'm taylor app on ios or android. >> anderson cooper next on cnn tonight. >> a horrifying discovery in gaza, the idf says the bodies of three israeli hostages have been recovered. they were murdered by hamas in israel on october 7, we are told their bodies then taken into gaza. the devastating news comes as this situation and rafah, in southern gaza is growing more desperate as israel appears to be moving toward a full-scale invasion. despite biden's saying that it is a red line, the new video into cnn showing people fleeing north to escape, carrying all their worldly belongings through areas that are already apocalyptic out front. now, david miliband, president, ceo of the international rescue committee, also the former british foreign secretary. and i appreciate your taking the time david israel says 129 hostages are still believed to be in gaza do you do you think this is just the beginning of more horrific discoveries and that more of those 129 individuals than, than we even realize now may no longer be alive. >> well, obviously this is the great fear one's heart goes out to the families of those who had been discovered. today. it's an absolutely the polling situation that they face and it's been going on for seven months. and obviously, the great trauma of the last two weeks is that if you think back two weeks ago, there was number one real sense that the ceasefire and hostage release talks. we're getting somewhere. yeah. secondly, there was a real sense that they're war humanitarian aid openings of crossings that would allow some of the relief to reach people in desperate need. and there was a sense that the rougher attack was some weeks or even months of what's happened over the last few weeks. is that the humanitarian situation has got much, much worse, 600,000 people on the moon venule description of the situation has apocalyptic is i'm afraid appropriate because these are people with nothing fleeing with nothing at reaching places where there is nothing and it's an appalling set of choices that are faced by the mall at the moment. >> secretary miliband, we've got some new video that we just got here at cnn of rafah. this is just lines of people theoretically, these people are waiting for food. >> you see the rags are just waiting to try to fill up those containers with any kind of food that they can. the world food program has said, just today that anymore ll escalation rafah could a quote, bring humanitarian operations to a standstill, to a standstill. and then we heard, oh, that that floating dock that the us had built did actually get some aid coming in today what is the situation right now is any coming in and then i guess it's a very separate question. is anywhere near enough coming in? >> well, there's a trickle coming in, but the trickle doesn't equate anything like to the flood that is needed. the trickle of aid, the equivalent of 15 trucks came through the us built pier. but what your viewers need to understand is that the land crossings are effectively close are aid but because can't get in. we have a few aid workers on the ground. we can't get our doctors and our surgeons into the hospitals that we'd been working out. we can't get aid workers, then we can't get the food aid or the medical aid in. we've done a study with our partner, the medical aid for palestinians. and we found that the average child is getting 3% of the day healy water intake that is recommended as three of the clean water that they need. so that's how you end up in a situation where there are serious and credible reports of children dying of malnutrition and starvation of a surgeon's reporting that when they du operate on people, they find the inner organs macey aided and where you find secretary blinken saying that there is an imminent threat of famine. this is an unprecedented descends into the hellish situation that is faced and yet the former israeli prime minister enough tally bennett, at last week told me something quite different about the civilian losses in gaza. >> let me play it israel using bumps to target civilians. absolutely not. never, we never target civilians. in fact, we have the lowest ratio of collateral damage in the history of urban warfare were bent over backward in order to prevent unnecessary deaths otherwise, we'd get this whole thing done within three days if we didn't care about it does that track at all with what your organization is seeing in gaza? but what we can report is that the facts and what we are seeing which is yes, the 34,000 people who have been killed. we think that's an underestimate we can tell you about the injuries, the horrific injuries to innocent children. and this is not about intentions, this is about the reality on the ground 2.1 million people living there. and so this is not about judging the intentions. it's about judging the realities and the actions. and i'm afraid that the humanitarian situation in gaza now represents an absolutely grave threat to the lives of 2 million people. that's not a military question. that's a humanitarian question. >> i will, secretary miliband, i very much appreciate your taking the time and talking to us tonight. >> thank you very much for your time. >> and thanks very much to all of you for being with us tonight. and this week, we'll be back here again on monday as the trump trial continues, michael cohen back on the stand still under cross-examination by todd blanche we'll see what that brings on monday morning. have a good weekend. ac30 60 begins right now