friend of mine and a tough but very fair, reported was spent decades working for newsweek >> my deepest, deepest condolences to howard's family, including his wife, amy. may he rest in peace, and may his memory be a blessing thanks very much for watching. i'm wolf blitzer in the situation room. erin burnett outfront starts right outfront next, a breaking news, the house holding the attorney general in contempt, marjorie taylor greene, saying, merrick garland deserve to go to prison. >> what backfire plaza, more breaking news in new york, police arrested man found with a loaded gun, one hundred rounds of ammo, heavy body armor, and two axis just what was he plotting adult trump says he's living at quote, nightmare as he prepares for sentencing, i was onetime opponent, ron desantis could copy it was rescue. let's go out front good evening, america hill in for erin burnett at outfront tonight, breaking news held in contempt and now friend with prosecution. >> the republican led house voting tonight to hold attorney general merrick garland in contempt for defying a congressional subpoena just one republican in the house voted against the measure. and right after that vote, house speaker mike johnson, not ruling out the possibility of prosecution republicans claim tonight's vote was about garland's refusal to hand over audio tapes of president biden's interview by the special counsel in the classified documents case, the doj has of course, released transcript of the interview republicans though, want the tapes to it's time for merrick garland to stop stonewalling and released the biden tapes to the question that should be asked is, what are they hiding and why we think we're entitled to? we don't think we know were entitled to all the evidence. and that includes the best evidence which is this audio tape there is some irony there, of course, congressman jim jordan, who just heard from their himself has defied a congressional subpoena it's really not just about defying a subpoena over audio tapes. take a listen to republican congressman james comer on the house floor today president biden's department of justice appears to be taking every step to insulate him from the consequences, whether it's hiding these audio recordings are attempting to give hunter biden a sweetheart plea deal to shield joe biden from facing accountability for his role in his family's influence, peddling schemes so it is important to note here, republican spent months investigating biden so-called influence peddling schemes as you just heard them referred to and admitted that they came up with nothing. >> they wanted to impeach him for it, but knew they didn't have votes in their own party for that. when it comes to hunter biden, it's important to remember, of course, that plagued gale famously imploded. he was convicted this week by a jury on federal gun charges, prosecuted by the same doj republicans accused of protecting joe biden, going after the doj though, is exactly what donald trump wants. the former president furious over his new york state conviction, which of course is not under the doj's purview. and also furious about those other pending cases now, all of a sudden within a matter of months, i end up with four cases now, of course it's from the white house and the department of justice. they are in total conjunction with the white house and the doj, just so you understand this is all done by biden that his people whole thing is rick and it's all caused by biden because biden has weaponized department justice moderato is outfront. >> i capital hilson. i know you've been speaking with republicans since this vote. what are you hearing yeah. >> there's a realization, erica, that perhaps not a whole lot is going to happen here, even though this is an incredibly rare event and was the attorney general of the united states referred for prosecution essentially if for contempt for defying the house over a subpoena. and in this instance, in particular, this would go to the us attorney's office here in the district of columbia. they would have to make a decision about whether to move ahead with prosecution, but there's also a separate wrinkle here. the president, the united states as a asserted executive privilege over these audio recording but the republicans want, and that is a position of the executive branch and the justice department saying, because the president has asserted executive privilege, they cannot release this to congress. and then ultimately the courts may have to decide whether or not the justice department is right in that position, and that could take some time to sort out. in the meantime, though, there are still inke within the ranks, including from some republican hardliners who are calling for prosecution of the attorney general and even prison time is merrick garland above the law i mean, i thought the whole argument is that no one is above the law. >> now that we've held him in contempt of congress he should be prosecuted by the department of justice and he deserve see the exact same fate as peter navarro. and see bannon oh, everyone, department joseph's isn't going to go prosecuting attorney general. >> i mean, but it's symbolic how i would call it symbolic hold them contempt. we'll see what he does. i mean, hopefully you look at this and you see there is ways and is the speaker of the house was walking off the floor tonight. >> he was asked by our colleague kit mar about whether or not he believes that the justice department should move ahead with prosecution now and he said that he is pleased with the outcome of the vote. he went on to say, look, we did our job and contempt as i think it sends an important message but then he said, as far as the next steps, we'll see what happens next. but in talking to lots of republicans, sayyed erika, they don't expect a whole lot will happen after this intense fight with the justice department tensors. it certainly was my to appreciate the reporting. thank you. >> out front. now, democratic senator sheldon whitehouse, who sits on the judiciary committee center. good to have you with us tonight. i do want to note for transparency here, cnn is suing for access to the biden audio tapes you're senate colleague democrat mark warner told the ap quote, you've got to release the audio. do you agree i think that the attorney general has an obligation to follow the direction of the president of the united states when the president of the united states assert executive privilege, you can't go after the agent when the principal has said no, this is an executive privilege matter that's the thing you sue over. >> you sue the president and say in a civil case to a court, hey, this was an improper assertion of executive privilege. the rich thing here is that republicans continuously obstructed us. the trump administration continually obstructed congress over and over and over again, over 100 times, as i recall. and virtually never. did president trump actually assert executive privilege so it was asserted by all of his minions, but he never actually made the assertion. here are the president did with the reagan memo from years ago requires the president to do and make the assertion once he's done that, that binds the attorney general, i believe and going after the attorney general is improper and unfair. >> so you're saying republicans went down the wrong road. there is what i'm hearing from you. i do want to get you in a couple of other topics, so i would love to get your take on hunter biden tonight as well, sir as you know, convicted and criminal court on guns charges, president biden has said that he would not pardon his son, but the white house today didn't rule out the possibility of the president perhaps commuting and eventual sentence. would you be okay with that? >> i, think that the course of justice should be followed. i don't think the fact that somebody is the president's son and entitles them to be out from under rule of law the president i guess, gets to make that decision once he sees what the sentence is but having been a united states attorney the sentence for a first offender in a reporting crime like this particularly with the overlay of his drug addiction and the judgment impairment that politest all of that. i'd be really surprised if the sentence in this case was enough to justify anybody thinking about commuting it will be watching for sentencing a few months away at this point, you sit as i noted on the judiciary committee, justice alito has refused to recuse himself from january 6 cases saying to you and senator durbin in a letter last month at the flag's use by january 6, rioters likes flown outside his home, homes were not put up by him, but by his wife if an intimidating in that letter that the flags were flown in response to neighborhood politics, he wrote in that letter that she his wife was quote, greatly distressed at the time, due in large part to a very nasty neighborhood dispute. >> and when it's noted house on the street at displayed a sign attacking her personally. erin spoke with that neighbor who laid out this timeline of events. take a listen i just want to emphasize that the interaction that happened on february 15th is the one that they're using as an excuse for why they flew the flag. >> and i really want to hammer home the fact that that happened on february 15, and their flag went up two or three weeks before that at best, he's mistaken, but at worst he's just outright lying. >> so she says, justice alito is mistaken or outright lying in terms of that time lame. do you feel you need further clarification from justice alito yeah. and the problem is that with respect to the nine justices of the supreme court, and those nine individuals alone, there is no place in the law for any proper fact-finding to take place. >> every other government official is subject to fact-finding, even the president had to submit to an interview about the documents in his garage. these justices won't allow themselves to be subjected to honest fact-finding. so we now have the statement from a justice of the united states supreme court that is demonstrably false unless he was a time traveler. so we really need to fix the rules over there. and that's why this supreme court ethics effort that i'm engaged in is so important, they should not be on an island of their own creation where no fact-finding about what the truth is ever gets done real quickly. you talk about the limitations there are constitutional scholar, harvard law professor laurence tribe told cnn recently, he thinks the chairman of your committee, dick durbin, isn't doing enough. >> he says there should be hearings on alito. do you agree with that? and is that something could your committee be doing more? >> we are having i think a lot of work going on in a lot of different ways i don't think anybody has ruled out the prospect of a hearing. you need to think carefully through who the witnesses would be at the hearing. you probably don't want to lead with a justice of the supreme court and walk right into a separation of powers our objection so you need to build the case carefully. we have some subpoenas out. the finance committee is doing its own invest investigative work. so there's a lot going on and i think as a former prosecutor, you want to build these carrots cases carefully and in proper sequence. >> centers. southern white has appreciate your time tonight and we will be watching to see what comes out of that. thank you outfront now david urban gop strategist, former senior adviser to the trump campaign, david good to have you with us tonight let's talk about what happened with merrick garland today. >> house republicans voting to hold him, of course, in contempt. do believe this is what republicans should be focusing on at this moment, five months prior to the election well, erika, that's a really good question, right doo do the american people around the united states, are they focused on this issue right now? probably not. >> i think most americans are focused on paying their bills, gas prices, getting their kids either graduated from high school and college off to summer camps, you know, they're going about their life and the things that impact them are household issues, gas prices, inflation, maybe kids graduate college, they're worried about looking to the rent, buying a home, saving for a home i mean, all those things that are really pocketbook issues, i think probably affect a much more that big said i don't think that the attorney general should just be able to get a free pass on this senator whitehouse, as you noted, the senator whitehouse cnn, and senator warner and others believed that the audio tapes should be turned over. >> they turned over a transplant transcripts have been made public. but the audio tapes haven't. and there's obviously get reason behind that because i believe the audio tapes probably reveal that the president biden to be what the special counsel said kind of a doddering old man and it's probably embarrassing and that's why they don't want to release them. >> the president has exerted its to executive privilege, which you also heard senator whitehouse talking about. do you think it would've been better for house republicans in this mode? i'll meant to challenge president biden himself and his use of executive privilege over that audio, instead of going after garland well, that's that's that's a tactical issue best left for the house republicans. >> i think, yes. but what's your finger? >> yeah it was my opinion is i think they're looking to go after the attorney general just like the former democratic house, one after members of the trump administration, to wit steve bannon and peter navarro, who are sentenced to prison. >> they're going to jail for it for for failing to show up for, you congress and obstructions. so we will see i think what's good for the goose is good for the gander. and i think that's what house republicans are up to at this point. >> we've got 30 seconds left. president biden said he will not pardon hunter biden, white house wouldn't rule out a commutation of an eventual sentence. do you see a difference between the two? >> yeah look i. think that's all too cute by half, erica, right your they're going to do it or you're not gonna do it listed what i'd like to see happen is i'd like to see president trump come out with a statement saying, look, if hunter biden commits to a program of sobriety and inpatient or maybe outpatients shows up, keeps his sobriety. i'll pardon him. i'd love for tse president trump to say that would be magnanimous. offer on his part shows humanity and and really flip the tables on the democrats will see if he is listening to you tonight, david, good to see you. thank you okay. >> thank you. >> i'll find nacs, new york police arrested man with a loaded gun. what hundred rounds of ammo 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personally what for wrestling can be we wednesday night dynamite tonight at eight i tbs breaking news, police announcing the arrest of a new york man who had listened to this list, a loaded gun 100 rounds of ammunition, a hatchet, and asked several knives the man also had a bulletproof vest with an nypd patch on the front as well as an orange public transit employee vest. now, all of this found after a routine traffic stop by officers obstructive plate turns into an arrest for person that is heavily armed. gun nods, weapons, very dangerous while community yeah, very dangerous outfront. now, john miller, cnn's chief law enforcement and intelligence analyst, who also served as deputy commissioner of intelligence and counter terrorism of the new york police department. so you're reporting here, john is the joint terrorism task force, is now investigating this. this all started with a traffic stop. what more do we know about this and about this suspect? >> so they spot this black suv, it's a ford explorer, very much like the kin