crime is that's what the problem is >> we ended immediately the judge ended and save his reputation for the part about not naming the crime isn't true and we'll talk about that tonight is for the late mother teresa, she was judged by the nobel committee, which awarded her the 1979 peace prize for her service to the orphans leprosy patients, and terminally ill of calcutta. with us tonight, your criminal defense attorney, arthur aidala hello, cnn legal analyst norm eisen, who was in court today along with cnn's kara scannell, also with this johnny jones, the third former chief judge for the us middle district of pennsylvania, is currently president of dickinson college. so care we just learned the sections of pecker and cohen's testimony that the courts decided to read back? >> yes. so we learned from the lip parties that they both agreed to and two of the requests that came from the drain, these questions they wanted david pecker at michael cohen's testimony as it related to the meeting and trump tower, this is the start of a conspiracy according to the government april 2015, when pecker agreed to the eyes and ears, the meeting where trump income. basically said, what can you do for the campaign, right? >> what can you do to help the campaign? hey, david pecker says he'd be the eyes and ears and trump's says, you'd be in touch with michael cohen about this. so the portions of the transcript that we know we're going to be read back and it's it's more than just this expert with this is part of it. this was from michael cohen's direct examination where he's questioned by the prosecutor, susan hoffinger. could you tell the jury, please what was discussed and what was agreed to? at that meeting, cohen says, what was discussed was the power of the national enquirer in terms of being located at the cash register of so many supermarkets in bodega, is that if we can place positive stories about mr. trump, that would be beneficial, that if we could place negative stories about some of the other candidates that would also be beneficial question, was there anything else that mr. pecker said he could also do for mr. trump's candidacy yeah. what in substance city say cohen says what he said was that he could keep an eye out for anything negative about mr. trump, and that he would be able to help us to know in advance what was coming out and try to stop it from coming out. and who did he say he would get in touch with if he was able to identify those types of stories cohen says the answer was me. mr. trump also, knowing my relationship with david. this is in quotes, he's quoting trump, the two of you should work together and anything negative that comes your way. you let michael know and we'll handle it. now, interesting in this is that the prosecution in their closing said, if you don't i believe michael cohen look at david pecker. so they've also asked for david pecker's testimony on this and among the portions that they will here tomorrow, this is on cross-examination where aiml beauvais asked pecker, do you remember that you confirm that during the august 2015 meeting that there was no discussion of catch and kill, correct? pecker says yes, question. and during the august it's 2015 meeting, there was no discussion of a financial components any agreement with president trump and michael cohen, correct pecker says there was a discussion about that. i was going to be the eyes and ears of the campaign. and there was a discussion that i would be notifying michael cohen of any women that were in the process of going that were in the process are going to be selling stories and i would notify cohen that they would be available and they would either have to buy them or take them off the market, or kill them in some manner. now, another part of testimony, they asked for was about david pecker's phone call with donald trump in on that called david pecker recounts how he is talking to trump about karen mcdougal, trump, asieh, if it's true that a mexican companies willing to pay million dollars, he also refers to karen mcdougal as a nice girl and david pecker advisors, donald trump, you should buy this story. trump says, i don't buy stories, but you'll hear from michael cohen. so it kinda gives you a sense the jury is very focused on the facts on at least understanding this first part especially because todd blanche, in his final arguments, he talked about this meeting and said reiterated that pecker didn't talk about catch and kill, would they didn't use the term catch and kill, but what pecker just said in his testimony was catching and killing stories, right? not using that phrase, he would pecker said on the stand he hadn't used that phrase, but they're talking about buying stories, transferring money. so really underscoring that, that is what they were doing norm, what stood out to you and what do you think was the most important stuff that we learned today? well the jury instructions were dry obviously, it was a lot for that jury to grasp over 50 pages of them they want it's another thing they asked for. they want to hear them again, but the law anderson is very unfavorable to donald trump because the judge has clarified a number of legal issues in ways that really helped the prosecution. in what ways? one of them is that they don't necessarily have to all agree on what the actual crime is correct. >> and he gave them a menu of options, really, these are low hurdles and that's clearly where the jury is focused on the conspiracy. part of the case. the thing that makes this a felony if they find that a and only one juror has to find this right? that cohen used documents that had misrepresentations in him when he was setting up the business his consultancy, his bank records, that's enough to create the crime if a tax forms the ten, 10909 instead of describing instead of describing income, it was at those sums were actually reimbursements that both creates the misdemeanor document felony that kicks this case up or a separate tax offense, and then there's the federal campaign issues that these four requests are focused on because if there was an agreement, cohen testified corroborated by pecker to benefit the campaign and money was involved you read those instructions? that's a contribution. so the judge applied the law, i think fairly applied the law, but the law is very favorable. >> are you going to go can we use the word uniquely though la plot apply the law only because no one antigen in that courthouse which has been there. >> i don't know 100 years like no one has given that charge before judges have paton jury instructions. it's a big three-ring binder and they go through it and they read what reasonable doubt is presumption of innocence, burden approved credibility of witnesses, and they they doctrine up a little bit. but this part that norms talking about has never been given before. and the judge really said things that not even the prosecutor laid out. the judge laid out the prosecutors case and the charge better than the prosecutor didn't. five hours. and that's spells doom for donald trump. >> judge, what do you think? >> well, first of all, i learned today that new york doesn't send them for jury instructions out which is archaic. >> it's ridiculous. the jurors don't have a copy of the jury instructions leaving ridiculous in the federal system where i toiled. we sent the instructions out. its madness i mean, even with two lawyers in the jury, how you could possibly retain that. and i think what they want tomorrow are you probably agree with this? is the substantive law. the law the case. they don't need reasonable doubt. they don't need all the rest of it. but to arthur's point and i'm not the judge protective society because i was one. but the fact that matter is that he had to fashion a charge a little bit out of whole cloth. there's no pattern are the, you know, i mean, there's no pattern instruction for this out a little bit i don't hold right, right exactly at this for the first time ever. well, but, you know, he's adjudicating the case. he had to make a charge out of something and he didn't go to that three-ring binder and find the charge. so he put the charge together as best he could under the circumstances. i agree that this is not good news for the defense. it's not the because it makes it easy or jurors don't have to all agree, okay. this is the crime two different jurors can see it differently, but believe a crime was committed, but just see the bar is lower and the one thing that struck me today, the additional thing that strikes me was if you look at the statement of facts that accompanies the indictment the very three first factual sort of piece that's in that statement of facts is that 2015 meeting among trump and cohen and pecker? that means two indicates to me that the jury is going back and they're on the timeline and they're looking to see did trump set something in motion at that meeting? that he's responsible for, and they're looking for independent testimony, rubber corroborating that was the theme. >> corroborating still there's cohen, the pecker trump phone call in which the conspiracy that prosecutors allege was laid out at trump tower is implemented with karen mcdougal and it's the direct conversation with donald trump. so it was not a great moment for the defense when those particular four questions came back, they also they did not take the model. there were two competing models when we talked yesterday todd blanche said, here's all your off-ramps. the defense lawyer start with the documents were not false. trump didn't have intent on the documents, just get to the conspiracy as a last resort. the prosecutor, josh steinglass said no, go on a logically, that's what they're doing. and corroboration that was his magic. >> one thing ends in real quick, is that what's so odd about this case and why it's always rubbed me the wrong way is i went back and looked at the press conference that alvin bragg had when they indicted statement was announced and the judge can tell you that a prosecutor in those press conferences lays out the crime. and in that particular press conference, it just said trump committed the crime of falsifying documents to commit another crime, and he's asked several times by reporters to commit what other crimes that he says the law does not necessarily it's not necessarily under the law for me to tell you now we're really finding out what it is in the judge's charge with this judge will tell you is unheard of that you find out at the end of the case and the judge is charged what the actual crime is, correct? yeah. that's correct from the standpoint of what's given to the jury you can let's say that defense counsel didn't know what the crimes were at the beginning of this case, arthur, they knew they knew very well what the predicate requested a bill of credit didn't get one de got an answer to the bill of particulars and it lays out 17152, this election conspiracy. >> i want to thank everybody. we're going to continue this argument. we're going to take a look at more in preparations for the verdict already well underway for that, let's turn to the scene instrument prokupecz and lower manhattan. so talking about security preparations so anderson were outside of the courthouse here in lower manhattan, so the barriers have been out here. >> this is actually the street where donald trump, this is where he goes in every morning through the side door here into the courthouse. and you could see here, we're going to turn around here in many of the barriers are out here already. this barrier here in the middle of the street was just added today. dissipation of the verdict. this is where reporters generally assemble. this is where all the live shots are done. the one of the biggest concerns here is just what goes on opposite here in this park. >> this is where are the protesters will gather, where supporters of the former president and then also the people who are against them. one of the things that's going to be happening here once the nypd wants, the city gets word that there is a verdict we expected them to surge more officers into the location. they're trying to do this quickly as far as we know, but things sometimes take a little time because their concern is the longer once there is a verdict and the longer it takes to announce that verdict, more attention could be brought to this location. more people will gather. and so they're trying to avoid that. so once there is a verdict, they're hoping to be able to get it out and get it read quickly. but right now, the security here certainly is much different than what we see during the day. there was a lot of barriers and there's certainly a number of officers it's out here. the secret service is protecting the former president. there's also concerned for the jurors as they leave once the verdict is rendered that is the court security. those are the court officers. they provide security two the jurors until the court staff and then the nypd will be managing all the security out here. >> anderson brockovich. thanks to understand what jurors are going through and the trump trial we're going to talk with the juror in another high-profile new york case. we'll learn firsthand how hard it can be in that jury room to reach a verdict? and later, supreme court justice samuel alito, he just sent congress members a letter explaining why a flag that january 6 attackers flu also flew above his house, making clear he has no plans to recuse himself from ruling in the former president january 6 case reaction tonight from congresswoman pramila jayapal, who wants him to do just that ahead on 360circle is the energy that gets you to the next level circle is which hold for life tosses limits away so available that hallmark and drinks circle.com. sure. i'm a paid actor and this isn't a real company, but there's no way to fake up. work can help your 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cream. >> i'm telling you it's invisible on the skin. it works like a dream. i didn't someone think of this we're trying to save the planet with nuggets because we need the planet and we also need nuggets impossible. we're setting the meat problem with more meat. >> were you stationed working or living at campbell zhun between 1953 and 1987, if you or a loved one have suffered from a severe illness, you may be eligible for a settlement offer ranging from 100,000 to $550,000 without a court filing morgan and morgan is already helping over 15,000 veterans and their families and the fight towards justice for more information, call the number on your screen or visit www. dot kappeler how solomon in new york is cnn in new reporting tonight and what some supporters, the former president have been doing inside the courtroom specifically to give the defense inside it might not otherwise have on the jury sheen is kristen homes as reporting on dat and joins us now along with the washington post national collins, philip bump, who served as a juror in the high-profile of 2009 trial here in new york, socialite brooke asked her son, who was convicted of bilking his mom at of millions of dollars and with his gun tonight is jury consultant on tuerkheimer. so christian for so what would it be learned? >> well, i would just want to be very clear all of this is reading tea leaves here. and the first people well, who will tell you they don't know anything are donald trump's team? they're just hoping for a hung jury right now. but what we do know and have learned tonight is that we saw donald trump bring in a series of donors, allies lawmakers. and while they were in the courtroom, a lot of them were observing the jury and then relaying their observations back to donald trump's team and they weren't all negative. some of these various lawmakers particularly some of the high-profile lawmakers, said they saw one or two of the jurors acknowledged them, make eye contact at one point, someone said they were giving off positive vibes but could not exactly define what that meant. but they also said that they want one of the jurors not along with todd blanche at one point, making faces while michael cohen was talking, giving his defense or at least answering questions from blanche during the cross-examination. >> now, all of this is not to say that they believe that this leads to a hung jury. >> it means that they are holding out hope that some of these people who were more receptive to donald trump or the people donald trump was bringing into the courtroom might help them get a hung jury, which really is the ultimate goal here. just a reminder, none of them believe that he's getting acquainted at the end of this, it's either a conviction or a hung jury at this point, allen, you you heard christians reporting and you spent on time looking at jurors and trying to your stand, jurors, do you believe that you can interpret what a juror i mean, do you believe these signs that people are interpreting that you saw jurors make it's pretty difficult to do. i think maybe you can in totality, but one or few nonverbals here on, there aren't going to give you a real indication as to which way a durer's leaning. but if i was sitting in on the jury selection process and listen to the questions during voir dire looked at the jurors, listen to their responses, and then in my mind, but this could be a pretty fair juror for my side for the defense. they might be the juror that's hangs a jury or that argues in argues to keep things going. and then i saw subsequent signs. maybe i'd be feeling pretty good about it, but i would say that a few nods or an acknowledgment a low form of that. i don't think you can read too much into that. >> fill up. its fashioning. you were a juror on a very high-profile trial in 2009 and new york brook astor, a big socialite philanthropist in new york. her son had been charged with bilking her out of millions along with an attorney of his i mean, it was long, long trial. takes us inside the jury room. what was it like yeah. >> i mean, the before we got to deliberations that jury room was the boring is place on earth, right? he just sat there and waited for the lawyers to do their thing. and in the courtroom and have the judge resolve issues that we weren't privy to write the important thing i think for people to remember is the jurors don't see everything. everyone else sees right? so then when we got to deliberation, we weren't even allowed to talk about the case. of course, you can't do that until you get to the question. so eventually we got our jury instructions, went to the jury room, the door closed, and that's when it really began for us. and so we spent 11 days hashing out the details of these charges when i hear people talking about how people were acting, the jury box you don't know what you're going to do until you get into that jury or you may go in thinking you understand what the case is all about. i certainly went in thinking, oh, i think we can find this way and that way. and assuming everyone has seen the same evidence and come to the same conclusions, very much not the case you thought you knew what the other jurors thought because to you is pretty clear. and then once you've gotten in, you realize, oh, wait a minute and everyone, we're not all in agreement. >> and i realized that i myself had missed pieces of evidence that led me to have a different determination of how i actually felt about who wrote that while you were sitting in the jury box listening, what was in your mind was did this person do it or not? that's right. and then once you were in the jury room, that was no longer the question. the question was, is this provable or is this beyond a reasonable doubt? >> exactly, yes. so when you're sitting there jurors can sort of watch the trial in the same way. anyone wouldn't be like, yeah, he seems like maybe he's not telling the truth. i think he's probably guilty, but your charge when again, that jury room is, do you have the evidence to establish beyond reasonable doubt that the letter of the law was violated. it's a very different thing. can you have to piece it together like a puzzle? you have to say, i have this piece of evidence here and wait, there's actually one charge that we had as whether or not anthony marshall work asked her son had stolen a basically $1 million from her and we had to piece together while he got this much from here and this much from here and this much two here until we got to that million dollar mark. and then we all agree that he was guilty, but we had to match that evidence to the letter the other thing i've written about, which is interesting to me is that had you known that one of the charges that you are wrestling with would have meant a mandatory jail time. the defendant in your case, i think it was like 85 years in his 80s that might have influenced you. you did not know it? that's why the judge in this case was so upset that that top blanche mentioned prison to the juror. >> yeah. and it was that charge. i was just talking about that million dollar thing heading mandatory prison sentence. we didn't know that now is actually one where i came in and had my mind changed on it, had all of us known that that meant this man would be going to prison i can't save it. it would have changed our mind. it was still was the facts versus the law. but it's hard to think think that it wouldn't have at least subconsciously influenced us to some degree. >> ellen, just quickly, what do you make the jury asking to hear the judge's instructions again, on the first day of deliberations and to rehear certain testimony on david pecker, michael cohen, zeroing in on that first meeting in 2015 they certainly got to a point where they decided, okay. now we have to focus on the task at hand and the law. let's face it, they didn't have a copy of it. and ten of the 12 jurors are totally unfamiliar with it. but two lawyers, maybe there were somewhat unfamiliar with it, but the law is it's confusing, it's ambiguous, it's new to them and its complex. so they want to get it right the foreperson and one of the rod blagojevich trials said it was like giving us the keys to the space shuttle, then saying go fly it i think they had the copy of the law. >> so for this jury, it's almost flat. the space shuttle, you have a blindfold so they want to get it right. they want to really scrutinize the law. they want to look at the words. these are words everyday people don't use do you ever use importuning a conversation? i don't and so they're not going to back into a verdict. they're not going to make their decision based on emotion or intuition. they want to know the law. they're going to scrutinize it and they want to get it right. and so i think that's why they did it electric communist great to have you on has always kristen holmes fill a bumpy as well coming up next former trump attorney joe tokopedia is take on the case and how he thinks is x klein may fare the jury in the stanley cup fairclough life is on the line right now two now, the distractions good still feel hi, guy and i why choose asleep ebers smart bad. >> can it keep me warm when i'm cold wait, no, i'm always hot. sleep number doesn't can i make my side softer? i think my side firmer sleep number. does that can i help us sleep better and better sleep number? >> does that 94% of smart sleepers report better sleep? now, say 50% of asleep number limited edition smart been plus spectral financing shop. now at sleep number.com i'm getting back to nature and in pfizer as pneumococcal pneumonia vaccine syllabi because i'm at risk for pneumococcal pneumonia already gotten pneumonia vaccine. >> but i'm asking about the added protection of krever, 20. >> if you're 19 or older certain chronic conditions like asthma, diabetes, copd, or heart disease, or are 65 or older, you are at increased risk for pneumococcal pneumonia, prevnar 20 is 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designer brands, it has the designers and your heart racing had inside a prices new every day, hurry. there'll be gone in a flash. designer sales at up to 70% art shop guilt.com today not only has this country never waited for a criminal verdict against former president, it's safe to say that no attorney has ever had a client like this one joining us now, someone with a rare perspective on all this new york trial lawyer former trump attorney joe tech at pina, who is represented over the years, michael jackson, former year again, keys player alex rodriguez and rapper asap rocky, among asap, sorry, that's how uncool i did that too, when first, i was like been represent asap rocky. >> i know i know riana. i anyway so what are your thoughts? but everybody is just trying to read like tea leaves here that's funny. >> you say that because there is word, it's called pass eog refi has he has er, graphy is a serious infliction among even the most experienced trial lawyers in this country include bus myself in that group. and what pass the ogg refi is a fortune telling method of interpreting tea leaves it's a real word, it's a real definition. even trial attorneys do that can help can help yourself and 95% of the time you're wrong. so again, kristen hoholmes was saying tha someone on the trump team kind of felt like oh, or some allies felt oh, that juror seems to be kind of making a good face, are sending a good vibe. you've had that and it does some pan out basis. i've had it where it's been accurate. >> i've had it where it's been hi i really like your tie. >> i can't stand you or your client, but i like your tie. so they'll give you that. there is absolutely no way to say based on a druze facial reactions or based on body language? short of them like fully naram-sin looking away from you, there's no way to determine what that really means. >> the judges instructions to the juror, how concerned are you about that in terms of the last-gasp, were saying they seem to make it very easy for or easier for the jury to find a conviction. >> i don't i don't i mean, look, they don't all have to agree on what the crime is. >> yeah. but the overlapping prime, right. they have to all agree that there's a falsifying of business records. and here's what's important that donald trump commanded or, or requested or cause those false entries to be made? not that they were just made by someone that trump org that's really where i think the battleground is there. if i were still representing in this case, i would focus my attention on that because there's really been a lack of proof for my opinion that he's luck. he is who he is. he was in the white house at portions of this that he's asking or instructing or even knowing what some accountant in the trump organization is putting in in the business records, checks, going out to a lawyer, he could have been writing legal expenses, assuming was that i'm not suggesting he didn't know about the hush money payments. i think that's not a straw argument. okay but i think the battleground would really be did he know about the false entries in the books in the end we had a panel on like a focus group garry type in the other night and basically broke down along political leinz, folks have been watching the auction, the trial ultimately, the trump's supporters didn't think he was going to say the trump, those who didn't like, do you think that is? >> possibly how it could break down here? >> what i have no doubt that we don't know what these jurors, who they voted for. that's illegal to ask that question and protect potential jurors. it wasn't asked in this case, obviously, but i will i will make a strong prediction that any of those jurors who, if any of those jurors voted for donald trump, they're not voting for a conviction here. and conversely i think any of the jurors who voted against donald trump and not even for biden, but against donald trump, will never vote for an acquittal. so i think i think that's where you're going to have your sort of your outcome here. >> you know, new york jurors, i mean, hung juries are rare little bit little more in high-profile trials. yeah. what do but this is the mold is crushed here. >> there is no there's no playbook for this one. there's just no playbook. it's not. look, it's not about the evidence in this case. it's not about the law. of course it is anderson, but i think ultimately there's so much more in the elixir here people's personal opinions, very strong growing personal opinions about trump, one way or another. i mean, one of the jurors who actually stayed on that jury because the defense ran out of challenges, said she really has no no sympathy for his conduct way he acts, doesn't really appreciate his demeanor move. that's a horrible chore to have. she's on the jury. so again, they have the what the defense has to do is make sure jurors could say, look, i hate this guy but there's a secret time and a place for that. that's called the ballot box. it's not in the courtroom where the rule of law is supposed to reign supreme. and that's what defense really has to hope. >> that objective here as this trial has proceeded in his other legal challenges, mount the former president has made a point of associating with praise in promising to pardon some accused criminals and convex even as he continues, law and order message, are ready. >> k has more on that contrast right now donald trump, just last week in the bronx, invited to rap artists on stage, but not just any rap artists. >> they've both been indicted in an alleged conspiracy to commit murder here as well as rapper sheff g goes, everybody knows. where is shaft you come on up fellas, wrapper sleepy hallow. >> those fellas shift g and sleepy hallow are alleged gang members who the brooklyn district attorney named in an indictment they are accused of conspiracy to commit murder and weapons possession. this is them in a video used as evidenced in the case, brandishing weapons in a car both have pleaded not guilty and from the looks of it, are now on team mega. >> one thing i want to say they always gon whisper your accomplishments and shout your failures trump most shout the wins for all of us make america great again. thank you very much that's where i like those teeth. i want to find out where i gotta get my teeth like that i want that to happen to me. >> wish, shocking that have presidential candidate would be meeting and having known gang members who have an open indictment of four attempted murder and conspiracy to commit murder introduce him at a presidential rallies over the weekend. trump aligning himself with a convicted criminal who is serving life in prison at the libertarian national convention promising to commute the sentence of the founder of silk road and now defunct unregulated online marketplace. we're users could buy and sell anonymously. >> i give you vote for me on day one, i will come with the sentence of ross ulbricht who are set hi silk roads founder ross ulbricht was convicted on charges including money laundering and drug trafficking and sentenced to life in prison in 2015. after a prosecutor noted six deaths resulting from drugs bought on his website ulbricht was quick to thank trump on social media, writing on x, donald trump pledge to commute my sentence on day one. if reelected. thank you. thank you. thank you. >> at that same libertarian event, there's trump posing for a photo with rapper f furman. he pleaded guilty in 2015 to punching a woman at one one of his concerts. and then of course there are the convicted january 6 rioters. trump almost never. let's an opportunity pass to praise them. and has promised a part in them if elected to a second term, when people who love our country protest on january 6 and washington they become hostages unfairly early in prison for long periods of time trump's commitment to those criminally charged also unfold display at his hush money trial as his own former lawyer turned convicted felon michael cohen testified against him. >> trump's courtroom entourage included former new york city police commissioner bernard carrick, who served time in prison for fraud before trump pardoned him also in tow. chuck ss edo an actor and former leader of hells angels, new york chapter, who spent years in prison. a place trump is currently very much trying to avoid randy k, cnn just a ahead, supreme court justice samuel alito, response, democrats in congress demanding he recused himself from january 6 related cases. >> what he's now saying about those flags, ones flown over as homes that have led to questions about his impartiality. we'll discuss it with congresswoman pramila jayapal russian for trying to spy on us. we were spying on them i'm sorry, frank this is a bit secret. >> was secrets and spies, a nuclear game. >> premiere sunday at ten on cnn, take a pea-sized amount, apply it like a lotion pits under boob pfeifle about cracks this water-based cream. 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western conference finals, old cast on trutv justice, samuel alito responded to members of congress today saying he would not recuse himself from january 6 related cases before the court. this after reports the new york times questioning his impartiality the times revealed that an upside-down american flag was flown above and alito home after the january 6 attack. in today's lighter, he says he was not even aware of the upside-down flag until it was called to my attention. as soon as i saw it, he says, i asked my wife to take it down, but for several days she refused he also responded to a second times report about this flag flown above another home last summer. the appeal to heaven flag dates to the revolutionary war, but more recently it's been associated with trump's supporters. today, alito wrote, quote, i had no involvement in the decision to fly that flag. my wife is fond of flying flags i am not i'm joined now by democratic congresswoman privilege. i have hall one of the authors were congressional letter demanding his recusal. appreciate you joining us congresswoman. first of all, what do you make of his response? essentially doubling down on blaming his wife? >> i think it's outrageous. anderson. this is a supreme court justice. the highest court of the land. he had an obligation to, i believe, recuse himself, but at a minimum to provide a response to members of congress about his actions. and he really didn't do that. i mean, this letter is it's ridiculous on so many levels to say, well, i didn't know about it. then i tried to ask my wife to take down, but she wouldn't take it down. but hey, by the way, none of that matters. >> this is a justice who was going to weigh in on cases that are about our democracy the press, the former president's participation in an insurrection and to say that it has no bearing that his wife was flying, not just one, but two flags is really disturbing. >> the reality is justice ketanji brown jackson recused so from a case on affirmative action and harbored because she felt that there was a chance that it could lead to a sense of impropriety justice alito and i would say justice thomas and the same category are really slashing and burning the integrity of the supreme court and i think it's extremely troubling blinken, it means that justice roberts has to step in and actually establish enforceable mechanism to hold these justices accountable for a code of conduct that right now has no such thing. >> yeah i mean, in his letter to you and number your house colleagues, alito wrote and i'm quoting i am confident that a reasonable person who is not motivated by political or ideological considerations or a desire to affect the outcome of supreme court cases would conclude that the events were counted above, do not meet the applicable standard for recusal i mean, he seems to be suggesting that your motors are demanding this recusal or about politics you want to affect the outcome? of cases yeah. >> i mean, he's just wrong, i think if you pulled people about whether a supreme court justice should have a flag that happens to be flown by his wife. but who knows that? unless he's explaining it, the vast majority of reasonable people would say that that flag is actually belongs to the house of the supreme court justice. and there would be a reasonable assumption that the supreme court justice ascribed to those views. >> now, even the fact that that his wife was feeling the need to counter a neighbor's flag and show support for donald trump is very troubling and i think also the new york times, i think how to report detailed report that says that even justice alito's account, i think it was on fox news about why she his wife put up that flag that that was not true based on conversations to the police that were that were recorded. >> so i think there's a lot of problems here. but at the end of the day, it's just outrageous because the supreme court has to have the trust and credibility of the american people. it is already at its lowest level ever, and i think the chief justice and of course congress, once we have a body that can pass ethics reforms, i have a bill with senator warren on this but i think the chief justice needs to immediately establish an enforceable mechanism, an independent enforceable mechanism to make sure that the supreme court justices are following this code of conduct that they, that they set out for themselves. >> it comes from the pramila jayapal. thank you so much. i appreciate it. >> thank you. anderson, coming up, john king returns with his all over the map, serious traveling to battleground states. >> here would voters, they are thinking tonight, he talks and nikki haley, supporters in pennsylvania, haley recently said she will vote for trump in november. but the question is, will all of those who voted for her do the same? see what john fanned out next in one of the most active tornado seasons, you can't control a tornado what kinds of 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one free or only 24, 95 each theories is not over we're going back home as possible. number was mavericks coverage begins tomorrow at 7:30. mba western conference finals presented by at&t old tnt with western conference quantiles, old cast on trutv the former president's battle in court comes as he continues to wage a nomination fight against nikki haley's. >> she dropped out of the race in early march, but it's still on the ballot. she gained double-digit votes in key battleground states like wisconsin, more recently, pennsylvania, a days goes up, as you may know, haley said she will vote for trump in november. and urged the former the president to reach out to her supporters and not take their votes for granted. as part of his all over the map series, which examines key issues for the eyes of battleground state voters are john king went to pennsylvania to talk to haley voters michael bases, first big political statement came 40 years ago, i became a republican when i turned 18 because of ronald reagan, both my parents were staunch democrats and i and the time there were democrats were not republicans. >> and i was like now i'm a reagan republican. >> the philadelphia suburbs were reliably red back then pasi are reluctant piece of why they are much more blue now. >> so in 2016, you voted for trump in 2020 by and you've got an election in a few months. what are you gonna do if i had my choice, i wouldn't vote for either, but i will vote for biden. >> i will vote for anyone, but trump why? >> well so he tried to overthrow our government. >> that's a problem with me surgeon us military i just have very strong feelings about what it means to be an american. so another big statement this election year, a primary vote for nikki haley, six weeks after donald trump locked up the nomination, i want other republicans out there saying like, we don't have to choose this guy, they don't want to hear that okay. he could be a convicted criminal and a couple of days they don't want to hear that hey, he did all these things. >> pasi is hardly alone. haley, one 17% statewide, 24% here and suburban montgomery county this is a little paradise outside the city i'm afraid lick also wanted to send a message. >> i want a country that's normal. i want a country that functions and i want people to be together. >> very like is the daughter of cuban immigrants, a staunch supporter of israel another reagan republican, bianna frustrated with her choices once in court, and the other one is i feel bad for him if he was my father, i'd say you might want to reconsider your life. i don't know and the other one i'd say you might want to prioritize your personal problems rural berks county is more trumping, but even here 16% for haley joan london was a rag and support her in her teens, a tea party bakker and the obama years. >> but after she cast her primary vote for haley london left the gop, registering as an independent the national birdie, just didn't reflect my values the way it had. and i'm seeing a change in that more towards populism some which carries, carries some unpleasant baggage. >> she won't vote for biden london's debate, skip the presidential ballot line or write in a conservative. this is a county trump needs to county won by eight points in 2020, if you are not trump, that's subtraction hurts him. you get that right? i do. >> you think that's important i i believe that we have to send a message that the republican party needs to go to go in a different direction. biden wins because of that. so be it, it's principled position i need to take media is in delaware county, the philly suburbs. >> linda rooney, a registered republican, a trump voter in 2016, and biden in 2020 as her haley vote in april so protest and to question, who are these people on the republican party that are shoving this down our throats right now, like why can't we be why can't we elect someone normal? >> rooney serves as a borrow election monitor? >> he just said the other de that he one pennsylvania in 2020. >> no no yeah. we were laughing about it, but it's not funny. it's not funny. she also says trump's conduct on january 6 was reprehensible so i just can't i can forgive him for that. >> but rooney won't vote for biden again. i can't i don't trust them with the economy. my sons in the army, i don't i'm angry about afghanistan, about that withdrawal. so honestly, i i can't vote for them so i have two choices. i can write someone in or i can hold my nose and vote for trump no, that's only going to be four more years michael pasi also takes the only four more years approach, but he arrives at a different answer. for enough of us republicans can do the right thing, keep trump out of office. the next four years, aren't gonna be perfect, but i think there could be better than what the alternative would be there haley vote in april was a protest. >> their choice in november could well decide the outcome in a crucial battleground john king joins us now having nikki haley do in battleground state primaries after she's suspended her campaign. the math anderson is stunning. let's start where we just were the commonwealth of pennsylvania looks 16% little more if you round it up, but look at the number of the math, 158,000 votes plus right. 158,000 plus remember, in 2020, joe biden karatay, pennsylvania by 81,000. nikki haley gets almost twice that when trump won in 2016, the margin was 44,000 and change. so her voting block justin, pennsylvania, could be decisive and it's not just there, come back and look at this republican map. yes, donald trump's swept to the nomination. but look at this primary performance and the haley factor. forgive me for turning my back. i just want to stretch this out. by 20,000 votes last time she got 13% in the primary, well in excess of 20,000 votes. michigan, 27%. that was bigger for joe biden nikki haley got nearly 300,000 votes in the primary georgia, remember 11,000 votes last time she got 13%, arizona, 18%. that was settled by 10,000 votes last time, the president has problems in his family. that's why i was in philadelphia today trying to court black voters. so he president the incumbent has problems too. but for donald trump and the republican family law long after haley left the race, that she's still getting these numbers enough to be a decisive bloc in these battleground states. that's a big math problem. >> john king, thanks so much coming up next slide pictures from a new firing volcanic eruption in iceland, details coming up russia for trying to spy on us we were spying on them i'm sorry, frank this is a war but secret war. secrets and spies, a nuclear gain from here sunday at ten on cnn. >> it's good to get some fresh air that's here. hi guys. bill. you look great. >> now that i have inspire, i'm free from struggling with the mask and the hoses fired inspires of sleep apnea treatment that works inside my body with a click of this button no mask, no just sleep where 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intrusive images, thoughts, and urges. if you have ocd and need help, you can get better with specialized treatment. go to know cd.com to learn more a heart attack. >> do they have life insurance no. but we have life insurance john, i'm trying to find something we can afford fortunately, it only a few minutes. select pope found john a $500,000 policy for only $29 a month and his wife n, of $500,000 policy for only $21 a month go to select quote.com now and get the insurance your family needs at a price. >> you can no ford select quote, we shot you save. >> they say seeing is believing, but with stearns and foster, that's only part of the story. we handcraft every stearns and foster using the finest materials like indulgent memory foam and ultra conforming and telecoil for a beautiful mattress and indescribable comfort. every single night during our memorial day sale, bring home incredible comfort with savings up to $800 on select adjustable mattress sets, stearns and foster, what 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