democrats controlling the senate chamber. although this hour, counteroffer for a hostage deal from the terrorist group hamas, which is calling for complete cease-fire. i m going to get the reaction from the father of nine-year- old emily hand. she spent nearly 2 months in hamas captivity. leading this hour, the major ruling earlier today for a three-judge appeals court panel agreeing that donald trump is not immune from prosecution for alleged crimes he may have committed when he was president, getting trump s team until end february 12, monday, to file emergency action with the u.s. supreme court if they want to afield. let s get straight to cnn s caitlin collins. this was more than just a denial of donald trump s legal arguments. it was the judge s unanimously rejecting and repudiating donald trump s actions around january 6. yeah, they said it could be criminal. jake, they noted all this is what laid out in the indictment from jack smith so they used the words allegation
and some elsewhere, was that should this have ended in death. and protesters say no. despite of course what may have preceded beforehand. his defense, however, penny has argued that he was doing this to protect the safety of those on the passenger car, though witnesses said neely hadn t attacked anyone yet. but again, it s what passengers were feeling prior to that that will likely play a big part in this case. for our part we have reached out to attorneys for daniel penny on this particular on these particular details about the charge and turning himself in and i haven t heard back at this point. but obviously a significant development in this case. and again, tomorrow morning is when he s expected to turn himself in. we should note that this death not only has sparked protests but it also has prompted some very serious conversations about how society deals with people with serious mental health struggles in this country. yeah, jake. this was someone who by all account
professor bright, thank you. congratulations. thank you for having me. appreciate it. great to see you. the fear of too much justice will be released in june. cnn this morning continues right now. we ve seen success. we will achieve success. it will take time and to avoid, to avoid the number of people arriving at our southern border, we need to fix the broken immigration system. and by the way, broken immigration system that was dismantled by the prior administration. it is the top of the hour. a significant friday with a lot of news, particularly on immigration in this country. that was homeland security secretary alejandro mayorkas talking to phil on cnn this morning. we are live on both sides of the southern border as title 42 expires overnight. the united states bracing for tens of thousands us of migrants who have been waiting to cross. plus, at any moment in new york city we are expecting marine veteran to turn himself in after a deadly chokehold on
killed eight people at a texas mall was obsessed with nazis and mass shootings. he also appears to have scoped out that mall before the massacre and then waited for the biggest crowds. a witness who was there during the gunfire is outfront tonight. we have new video into outfront tonight. this from a ukrainian sniper that we have spoken to several times. he s on the front lines tonight and is sharing dramatic new images of the brutal battles he s seeing there with you. and the migrant surge, up as much as 400% already in some areas along the u.s. southern border. we re going to take you there live tonight. let s go outfront. good evening, i m erin burnett. outfront tonight, breaking news, obsessed with nazis, guns, and mass shooters. these are the new chilling details that we are learning tonight about the 33-year-old gunman who killed eight people and injured seven more at a texas outlet mall. according to social media posts believed to have been made by mauricio
at this hour, fighting words with just days left to strike a deal. senate democrats are taking fierce new swings on capitol hill against the house republicans debt ceiling plan. plus, despite rival coasts and sports teams, the attorneys general of both california and new york are standing united in a new investigation into allegations of workplace discrimination and pay inequities at the nfl. how the league is responding next, and that explosive proud boys partial verdict. four members of the far right organization including their former leader were just found guilty by a jury of seditious conspiracy. this verdict is a major milestone for the doj and offers a significant blow to the far right group. we ll dig into where this case goes from here with a former federal prosecutor. our nbc news reporters and experts are following all of the latest developments for us. we re going to go ahead and start with ryan reilly in the ongoing deliberations of the proud boys trial. ryan, w