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 the new york times quote, it was briefly placed by mrs. alito in response to a neighbor's use of objectionable and personally insulting language on yard good science. 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 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 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 a 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 or bumper stickers, or stating positions on social media pretty obvious stuff. >> but important to note in the context of the fact that public trust in the supreme court is near record low according to a gallup poll 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 so 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 riot 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 to overturn the election, including text messages that she sent to mark meadows, trump's chief of staff. one said, help this 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 then this is a chord that find itself embroiled deeper and deeper in controversy yeah i mean, you got it, aaron, there are multiple ethics questions facing this court all or the public approval rating is just plummeting. you heard from dr.. 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 recusal all while there's this mountain growing questions and criticism i've you enjoyed your husband bag on the courts so far? well it's been quite an adventure as you can well imagine, martha anna 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 loved 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 spot i'd like because of this picture published by the new york times showing an upside down flag that became a symbol of the 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 ever in the flying of the flag. it was briefly placed by mrs. alito in response to a neighbor's use of 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 spouse at the center of controversy. ginni thomas exchanged texts with trump's then chief of staff, mark meadows, push xing 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 electors scheme. >> 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 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 i've, been many violent protests that have interfered with proceedings. >> as a government applied this 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 he cycle 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 tom i miss or justice alito will recuse erin, jessica, thank you very much. and now, laurence tribe noted legal scholar and professor of constitutional law at harvard, joins us professor, 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 justice 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 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-down flag in 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 simple bull of the 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, he said, you cannot expect to ride with the cups if you cheer for the robbers. >> in 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 us 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 fly the flag this way at that time? would anybody who would do that knew exactly what they were doing. but this is 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 adopting 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 any 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, isn't it certainly didn't wreck the alito kids to have the neighbor put an fu sign, right? >> i didn't state the obvious. they're not that someone 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 they're not protecting their kids by flying that flag upside down and what they're doing is expressing solidarity with one side of a very serious, ongoing going dispute about which the accountability of the former president is very much at stake. >> that's not neutrality, that's not objectivity. 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 were some who 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 traction the court, if for justice is descending, you wait till the descent 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, aaron. next mtg versus aoc are your mailings her words down oh, oh, girl, baby, girl. oh, really tonight, mtg doubling down plus disturb bring video obtained by cnn shows sean diddy combs violently assaulting his ex-girlfriend, throwing her to the ground, kicking her, and dragging her all of it on 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gets served do you get to work on your chest off i'd rather work on saving for retirement for college. >> since you'd like to get schooled. >> that's pretty good burn, right? god game 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? golf, but need 775, 383882, or visit home served.com. >> i'm kdigo lilla in washington and his cnn tonight marjorie taylor greene doubling down after a fight broke out in front of cameras and 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 that has to do with merrick garland, who she a porn star oh, goldman, that's right. he's advising okay. >> he's advice. and who what do you do you know what we're here for? you? we're here you know what you're here for. >> well, you don't want to talk about i think your fake eyelashes are messing up order. mr. chairman of your committee order. >> well, i do have a point of order and i would like to move to take down ms greene's words that is absolutely unacceptable. how dare you have another person? >> are your feelings her words down? oh, oh, girl, baby girl. >> oh, really don't even play baby girl. i don't think you're going to move and we're going to take your words down. second that motion. >> so okay. >> ms green agrees to strike her words. i believe share. >> hold on then after mr. parish, you'll be recognized and i'm not apologized when the right to play. >> i am not a problem. hello ising. 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 get recognizes mr. perry okay. >> move to strike three. ladies words again. that's a to. >> requests brain. do you ask you the analyst do you agree to unanimous could set to struck your words? >> i repeat again for the second time. yes, i'll share my words. i'm not apologizing objection, mr. chair, point of order it's me ms crockett. i'm just curious, just a 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 say we're not going to we're not gonna do this like you guys earlier, literally for case i get calm down. >> calm down. no, no, because this is proceed you're not recognize you with your yellow what mom it out, you please call me to calm down town. you're out of control five. mr. chair all right. >> well, that was embarrassing. what else is marjorie taylor greene saying tonight? melanie? >> while 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 speaker mike johnson. onsen 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 refuse? he uses 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 did say hey, 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 republic publican who are trying to keep the focus on their efforts to hold the 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 need to fight back so hard, but in response, green's office 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 year or so has really not seeing a lot of high moments 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 so of course, congressmen on camera in that so marjorie taylor greene tonight saying she won't apologize, said 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 schools are very clear in terms of the language we can use. >> you can debate the substance of issues, all that you want in a wide open, robust way, you can debate the process has taken place as much as you want. but you cannot engage in face-to-face personal insults against other members, including market king 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 ed, 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, it actually done this before or 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 and immaterial way, did nothing to do with whether you're talking about and again, the chairman was afraid to discipline her in to tell her night oh 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 are 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 say being that you're on retainer for the judge's daughter sorry, trust fund. >> mr. chairman we should strike those roads too. >> i hope you brought your popcorn ms after we strike in called maher, they're making comments about marjorie, his body, so we can use online. >> those are term and this is we should we should adjourn, mr. chairman, notion at the desk mr. chairman, i think my body is pretty good and i'm going to be one of order all right. you could hear her there at the end comes from could you just explain you made the comment about 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 s supposed t be about there 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, it was moved from 11:00 a.m. to 8:00 p.m. and we've not done in 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 api when they got back from new york in a 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 amendments 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 john 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 crashed the decorum of our committee before we go cognition, could i just ask you one other thing? congresswoman crockett has suggested that alcohol may have been a factor in greene's behavior, which would 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 stands very 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 hey 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 investment? 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 as partner, executive producer of tmz, who has long cover combs, is next, plus a new ad tonight, taunting trump to take the stand in his hush money the trial take the stand. >> donald are admitted you're a coward what the. >> road-trip everyone comfortable? yet there's plenty of space. >> i gave it gun no logo, no go. >> just wait. the mouse volkswagen atlas with three rows and seating seven every the 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diddy combs after cnn eps obtained disturbing surveillance video showing the music mogul's shoving, kicking, and dragging his then girlfriend and hotel in 2016 it's shocking footage and it comes after federal authorities searched two of combs homes as part of an ongoing sex trafficking investigation an investigation stemming from allegations and five different lawsuits allegations that he has vehemently denied elizabeth wagmeister is out front with the story, and i do want our new, you're going to see this video here. >> and it is difficult to watch new surveillance footage obtained exclusively by cnn appear to corroborate some of the allegations of abuse against music mogul sean diddy combs. >> the video captured on multiple cameras, 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 exited, mr. combs awoke and began screaming at ms 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 this surveillance video comes can be seen grabbing ventura in throwing her to the ground as ventura 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 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 combs attorney said the decision to settle was in 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 trafficking for 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 get 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 hernias. 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 a 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 were they are safe and loved. he's getting a lot of praise for that statement tonight, erin, elizabeth, thank you very much. >> and i want to go now to charles lottery voting where 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 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 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 his home it seems from then they went and searched his home and had it so it is incredibly disturbing. your 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 video, i want to play for video, for viewers, something she said the mistreatment was enough for me to have to spend a good amount of time and the hands of professionals two well learn what grooming is an unlearned the grooming the abuse was significant 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, 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 do 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 do 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 tooby. 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 vice plus new video tonight of the dire conditions in southern gaza, as we're learning that some aid just arrived for the first time by way of that american-built floating dock water would help us. it's dry spots. that's long disease, but sculpts healthy plus will cure lawn disease going around so like other people have it and it's not recover bag of a newscaster field are healthy plus lawn for you today before abigail chewable for allergic edge, giving dogs pills was a battle of wits. >> oh, maria, i'm was deir foolish game? is it gone? >> totally goh each leaf just got easier applic well, the trusted number one treatment for allergic, which is now available in a tasty chewable that works in a day, do not use in dogs with serious infections may cause worsening of existing 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tonight daring donald trump to testify, the centrist political group, third way is challenging trump in a new ad take the stand, donald, or admit your a coward this ad comes as newly unearthed sound from 2004, shows trump telling martha stewart that she needed to testify in her own defense in her obstruction of justice case. listen for yourself devastated that martha didn't testify. >> i would've said testified, and i think that jury of 12 people is saying like tell us you didn't do it. >> i wouldn't want to hear from all the secretaries and everything else. >> many of whom were nullified and badly nullified. >> you gotta get up in the stand and i know it's she has to get up 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 of common testified and people who signed checks and manage check 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 i mean, you've been watching this jury. 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 course they do. anytime you have a crime that involves intent, the jury's going to want to hear from that defendant. this crime is 34 counts. we have those checks, those vouchers, 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 think just really shows how he sees things because martha stewart was this was a wall street crime and a new york situation 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 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 can not control him. the judge it 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 be able to control him when he gets up on that stan and don't forget he's called 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 a grim discovery in gaza, the bodies of three people taken hostage reportedly found in a tunnel my grandfather's run my or the header for over 75 years now he's got so many life experience says that you can share finding the exact date blunt ancestry at that our family business was founded, was special to share with my grandfather. >> when you get that moment every day my daughter is mla she is 19 months old she is a little ray of sunshine one of the happiest baby should probably ever made children with down syndrome typically have a higher risk for developing acute myeloid 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with us, yes. grandpa! what's this? your wings. light 'em up! gentlemen, it's a beautiful... ...day to fly. made affordable i'm under roger and capitol hill so this is 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 the situation in 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 read blind, the new video and to 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 form 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, then 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 people on the move. and your 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, 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 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 a quite 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 workers 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 at. we can't get in 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 three of the daily water intake that is recommended as 3% 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 our surgeons reporting that when they do operate on people, they find the inner organs emaciated and where you find secretary blinken saying that there's an imminent threat of famine. this is an unprecedented descend 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 this. >> 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. we're bending over backwards 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 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.