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♪ this just in. cnn has obtained the doj's report on the 202 2 uvalde school shooting, and it called the police response to the massacre, quote, a failure. our teams are going through that report as we speak to find out what else happened on that horrible day in which 19 children and two teachers were slaughtered. and right now e. jean carroll is being questioned by donald trump's lawyers as a jury decides how much the former president will have to pay for defaming her. down goes desantis, down to south carolina, that is, which is not in new hampshire. why he is pulling back if not out of new hampshire just days before the primary. kate is getting better. i'm john perryman with sara

sidner. this is "cnn news central." >> all right. we do have breaking news. cnn has obtained a copy of the federal report evaluating the law enforcement response to the uvalde school massacre. this report was shared with cnn by a family member of a robb elementary school. the report is expected to be released later today. shimon prokupecz joins us live. what are you learning? >> yeah, we obtained the report from family members who were allowed to pick it up this morning after their meeting last night with the attorney general here behind me. this morning the department of justice gave them the

opportunity to pick up their report, and some of them are sharing the information with us. as you said, one of the critical things in this report is that it highlights the failures of the police officers' leadership, the commanders of the different police departments that responded that morning, essentially in their lack of leadership in taking control of the scene, giving instructions to officers treating the situation like it was a barricaded situation, not an active shooter situation despite the fact that there were several indications that there were children inside the classroom, that the gunman was still firing. they could heart shots, and all of that should have made officers and the leadership on scene that day act, take charge and go after the gunman and essentially kill him and try and rescue the people inside. also from what i've seen from this report, the department of

justice really focuses on the victims here and the trauma that the community has experienced because of the lack of accountability, the lack of transparency, the way that they were treated here by officials, the lack of care for some of the victims on the day of the shooting and the way that they were treated and handled, and really just a top-to-bottom failure in every way by law enforcement on that day from their response to the way they treated the scene, the crime scene, the way they treated victims, what they did after the shooting ended, and also the communication here of the narrative that was initially put out by law enforcement that this was some kind of heroic effort by officers who were on scene and officers who responded and just days later really from

tough questioning by reporters, that all unraveled. essentially what we learned was that officers stood by for some 77 minutes as the gunman was allowed to remain inside that class classroom. i can tell you, john, from family members, they want more accountability. they are waiting for the local district attorney here to make a decision on criminal charges. they want criminal charges. it's unclear at this point if that's ever going to happen, and so now we wait for more news. we'll hear from the attorney general later today here at a press conference. we'll hear from family members, again, later on, but certainly from what i've seen in this report, there are serious issues with the response by law enforcement on that day, as i said, from top to bottom, and it is a very damning report certainly, but it's something that the family members here have been waiting for a very long time, and that's the most

important part of this because it is about the family members, and it is about the victims and how they have been just mistreated and given no answers for now of what is almost two years. >> shimon, i will never forget arriving there with you and you telling me the minute we got on the ground something is not right here. ing is not right about what we're being told, what happened and how police responded, so it's so interesting to me now that you're telling me that this federal report goes into the response to the response, because this is about the victims. this is about the families and how they have been treated after in many ways this horrible massacre. you say there's some accountability here. does this federal report name names and give an outline for maybe who and what is to blame? >> they are naming names, leadership that day, specifically the former now

school police chief peter arredondo who really, really was sort of the, they say, based on their investigation, really a lot of the investigation that we've done, that he was in charge of the scene that day and it was two other law enforcement officials. you had the sheriff nolasco who was there that day and then also active -- the acting uvalde police chief, mariano pargas, and all of these names, these individuals, have been the subject of several reports that we here at cnn have done, inkept analysis based on video we obtained, reports we obtained, all showing the lack of leadership, all showing the fact that they failed to take any kind of action on that day, despite knowing, hearing 9p 11 calls, hearing that kids were inside that classroom, hearing

from the husband of a teacher who was inside telling them that his wife was inside shot, so all of this sort of -- of this report takes everything that has been known, some new information and puts it all together. it really just paints an ugly picture of the response, both that day, both after and even to this day of how this community has been treated. the other thing, john, you know, i remember us, you and i standing outside that school the next morning, and remember we did that lengthy interview with that texas department of public safety official who was the spokesperson, and he came to the scene, and he started just talking to the media and offering all kinds of narratives of this heroic effort, that the police were here and they were there to rescue people, but days

later all of that started to unravel. that was a big problem here because family members and the community were just not getting answers, true answers, accurate answers, and that is something that they are still living with here in the community, and it has caused a major distrust. is has caused major trauma for this community >> it didn't add up. shimon prokupecz. stand by, if you will, again, a lot of what we're seeing today is because of the questions that you've been asking for so long two years. with us now, cnn law enforcement analyst jonathan rackrow. this is a report, the result of a federal investigation going on for months and months and months here. a lot what have it finds is a lot of what we've come to know from shimon and others that the law enforcement response was inadequate in many ways, just wrong. so what happens now with this? >> well, listen, we have to

learn from it, right, and we have to, you know, take what we saw on that day, what's being reported now and hold people accountable, right, and i think, that you know, with shimon's point and what he was trying to say here is that the -- the revictimization of this community happens again now, you know, because this report is out without the accountability and holding people accountable for their either actions or lack of actions on that day, just continues, you know, the pain and suffering for this community, right? what we see in this report is no different than what we saw in the moments of the police response, in all of shimon's remarkable reporting afterwards, is that there was a complete failure across the board, so that failure is a situational awareness, you know, from the moment that the first calls came in, realizing that this was an active shooter situation, not a barricaded individual, right? that's failure number one, communication, understanding the

tactical control of responding officers and public safety officials to that site, maintaining an incident command structure. there were so many failures on that day, and for 77 minutes, we watched as those failures compounded, and that's what this report outlines. you know, law enforcement has been taught for years, hundreds of thousands of training go into, you know, hostile intruder, active shooter situation and what needs to be done. this is now a basic tenet of modern day policing, and what we saw was the exact contrast to that. we saw those widely adopted, you know, tactics around hostile and active shooter largely ignored and that needs accountability. those people making those decisions need to be held accountable for the 77 minutes of lack of action and the deaths that occurred because of that. >> i don't want to oversimplify it, but what has become the way

that law enforcement has been taught to deal with active shooters is basically you can't wait. you can't wait to go in. >> no. >> and what happened in uvalde was the opposite of that? >> john, the number one priority that every rookie police officer learns in the academy and, you know, it reinforced through on-the-job training throughout their entire career, number one priority in an active shooter situation is stop the killing in progress at all costs, aggressive action by law enforcement is critical. you need to draw the gunfire away from innocent victims. remember, law enforcement is going in with equipment, with tactics, with training, with knowledge of how to suppress that threat. those innocent victims have nothing. you are the savior if you're that police officer. you have a moral and ethical responsibility to go in and at least draw the fire away and try to suppress that threat as quickly as possible.

that force of action by law enforcement is critical to resolving this situation. when you don't, this is what you get for 77 minutes. john, i was on air on cnn with you, with shimon in those moments looking at and understanding, wait a minute. why aren't police moving? we saw that they were taking positions outside of the building, but there was no action, and what happened was that caused frustration on the scene. we saw a complete collapse of any type of incident command, and, again, this report outlines it, but now we need to move into that next phase of accountability. >> jonathan wackrow, thanks so much fork with us today and shimon prokupecz for poring through the first cope of the report we have just obtained. sara? >> we just have five days to the new hampshire primary. nikki haley is making a full-court press there while ron desantis not there. he's focusing on somewhere else,

nikki haley's home state. we'll discuss. also, can house speaker mike johnson avert a partial government shutdown? he and his colleagues on capitol hill have less than two days to try to make that happen.

right now, e. jean carroll is back on the stand facing cross-examination from donald trump's lawyers in the defamation case. trump's lawyers indicated she had about 30 minutes left of questioning left. let get right to kara scannell from outside of court. what are we hearing from inside the court? >> reporter: e. jean carroll has

been on the stand for just a little while now, and she's under cross-examination from trump's attorney alina habba. the focus of much of the questioning this morning has been on the timeline because e. jean carroll's initial story came out through a book excerpt on "new york magazine's" website and donald trump made his first statement that carroll was suing him for that five hours later. what they are showing is people responding to her tweet about this story that was negative before donald trump made his first post. some of these tweets that they have showed said that show was make up false news, was a dirty liar and others that said she was a disgrace, all part of trump's arguments that he should not be held responsible for mean tweets that were sent regardless of what he said andy e. jean carroll said it was his followers that project him to follow his words and bombard her with negativity in these tweets and also facebook messages and

some threats that she said had scared her where she said she thought she was going to get shot. she's testifying on the stand and they are asking her how much money she's currently making because another argument that trump's lawyers is saying her career has prospered since she became public with her allegations against trump and has a new-found career and it's not as damaged as carroll has testified yesterday under oath all day about the impact of trump's statements, so her testimony is only, as you say, about to go for half an hour today, and then she will be done, and the cross-examination will be over. her lawyers may choose to ask her questions under what's known as redirect, but her testimony will end sometime this morning. sara. >> okay. we're seeing video of her coming in and out of court. i just wanted to know who is take the stand next, or what's happening next in court after she testifies and is cross-examined? >> so her lawyers also say they want to call carroll's former

boss at "elle" magazine where she wrote her advice column for decades and she will take the stand to add to carroll's credibility and will call a reputation expert and that's someone that will talk about the monetary harm carroll is facing, facing $10 million in this lawsuit. the judge also said that carroll's lawyers can play the "access hollywood" tape where donald trump is saying a celebrity has the trying do what he wants in the women. that was allowed in the first trial. the judge will let that come in again because it will help the jury understand the former's president's mindsets and views. it's unclear whether that will be played today and that's one of the pieces of evidence they will introduce, the grab her in the "p" tape and now we're seeing this fight between he and e. jean carroll playing out in the court. thanks so much for following all

the details. >> with us is analyst norm eisen who served as chief counsel in donald trump's first impeachment trial. let me ask you about this line of questioning eve. jean carroll is something along the lines of other people did it, too, and first, in terms of saying bad stuff about you, e. jean carroll. why are the trump lawyers doing this, and is it effective? >> john, it's not effective, and the reason it's not effective is because the trump lawyers are pointing to an approximately five-hour gap between e. jean carroll revealing what donald trump did in "new york magazine" and donald trump claiming it was false, and what alina habba, trump's lawyer is trying to do here, is to say, look, you were attacked in this five-hour period before president trump

said anything, and, therefore, you can't blame president trump for everything that has transpired since, but, john, we're talking about five hours on the one hand and years of harm that e. jean carroll very persuasively testified about on the other, and i just don't think the jury is going to care. the examination has also been marred by considerable additional bumbling by trump's lawyer, miss habba, who doesn't seem to know the basic rules of evidence on how to use these documents and information, so that is also a negative when you have a lawyer bumbling in front of a jury. >> this exchange between judge kaplan and donald trump himself which took place in court and just the end of it was judge kaplan telling donald trump you just can't control yourself in

these circumstances, apparently, and trump responded you can't either to a federal judge. what impact does that have in this case now going forward, norm? >> well, donald trump already had very lilleyway with this judge when it comes to really the former president's best hope of countering this devastating testimony from the plaintiff, the victim here, e. jean carroll. that's donald trump himself taking the stand. he would have been much smarter to save up that leeway, john, for when he was on the stand and it really counts most in front of the jury to get a little extra room to make his points. the judge is going to be on the edge of his chair. he's clearly starting to get fed up with trump, and i just don't think you talk that way to a

federal judge, especially not judge kaplan. he's been on the bench for a long time. this is not the judge in state court judge engoron in the civil trial that gave trump and his lawyers a lot of leeway. that's just not going to happen here, and trump will be barred from the court or ejected from the stand if he continues with these kinds of shenanigans. >> i haven't seen a federal judge treated this way or taken this way. i want to ask you. we ask hear any minute or any day from the federal appeals court on the issue of presidential immunity, donald trump and his lawyers are arguing that he has immunity for anything that happened on january 6, that he did because he was president of the united states at the time. donald trump on his social media just put out an argument here. he wrote a president of the united states must have full immunity without which it would be impossible for him or her to properly function, any mistake, even if we will-indicted would be meant by certain indocument at term end, even events that

crossed the line must fall total immu immunity. >> john, it's hard to comprehend a more expansive argument than the one trump's lawyer made in court. the president can order s.e.a.l. team 6 to assassinate an opponent and yet donald trump has managed to go even further this morning. the core idea of our constitution of american law, of the founding of our country, is that no person is above the law. everyone is subject to the constitution. no, you can not cross the line. a president cannot have that absolute immunity. that would be a dictatorship. it would be a lawless country, and there is no way that the d.c. circuit is going to embrace that kind of broad absolute

immunity or that the supreme court will. it's just a question of how long it takes for the appellate courts to resolve this. can we get that trial back on track in the district of columbia federal courts, but this is a dead loser, and really reprehensible and dangerous. >> yeah. the phrase it's risky legally. it could be a malfeasance there. rahel. >> john, coming up next, texas authorities arrest migrants at a public park. they were taken away in handcuffs, this as tensions continue between state and federal officials with texas blocking miles of the southern border. we're live there straight ahead. plus, the clock is ticking, but congress does appear poised to avoid a partial shutdown, but there is no room for error. we'll have the latest on negotiations coming up next.

i think he's having a midlife crisis i'm not. you got us t-mobile home internet lite.

after a week of streaming they knocked us down... ...to dial up speeds. like from the 90s. great times. all i can do say is that my life is pre-- i like watching the puddles gather rain. -hey, your mom and i procreated to that song. oh, ew! i think you've said enough. why don't we just switch to xfinity like everyone else? then you would know what year it was. i know what year it is. new this morning, sources tell cnn that the house homeland security committee plans to vote on january 31st on an impeachment resolution to oust homeland security alejandro mayorkas. texas authorities arrested migrants overnight at a public park in eagle pass near the border. the migrants are being charged with criminal trespass.

cnn's rosa flores is in eagle pass for us this morning. what's the latest there, rosa? >> reporter: john, this is the state of texas upping the ante in this continued and ongoing fight with the biden administration. let me show you around. the state of texas took over this park about a week ago, and you can see that the gate is still here. you see members of the texas military department, the military vehicles, and if you look beyond, that you see more equipment and further a border barrier. well, texas national guard is enforcing that border barrier, and for the first time last night they also started arresting migrants here at shelby park and charging them with criminal trespass. now, this is part of the operation lone star bothered initiative that governor abbott launched in 2021. they have done this in other areas whenever ranchers or land owners along the reo grand give the texas authority to arrest migrants for criminal trespass. what's notable here is that border patrol is not allowed to

enforce federal immigration law in this park. so this is texas deciding that they are going to enforce the state law for criminal trespass before the federal government can enforce federal immigration laws. now, it's important to note that according to texas dps they are only arresting single adult men and single adult women. whenever migrant familiar hits cross over or unaccompanied migrant children, those individuals are handed over to border patrol. now, john, we're also waiting to hear, to see what dhs is going do. as you know, that cease and desist letter that was sent to the texas yesterday. the deadline was yesterday and expired. we're waiting to see what they will do >> the throngs of people arriving in eagle pass, that was the end of december. i don't belief that's what it's been looking like the last few days of the still, a lot of activity back and forth between the federal government. rosa flores, thanks so much for

being there. >> rahel? >> senate negotiators have been working to try to strike a deal on border security that could unlock more aid to ukraine and israel. lawmakers are also raising the clock to avert a partial shutdown as part of the federal government could run out of funding tomorrow. with us now is democratic congressman gregory meeks of new york. he's a ranking member on the house foreign affairs committee and a senior member on the house financial services committee. congressman, good to have you this morning. welcome. >> thank you. thank you for having me. so you were in attendance at that white house meeting yesterday. it's a meeting that's been described by your colleagues on the left and right as productive. they say they are on the milf mystic and confident, but in an interview yesterday you said you weren't as hopeful. why not? >> well, you know, it still depends upon the house republicans, you know. one of the things that they were stuck on was the draconian hr-2 border bill that they wanted to pass and did not look the same

as though they wanted to compromise, and that was the key, so, you know, i feel that there's progress being made on the senate said. senator monahan, democrats and republicans are working on a bipartisan bill for both the border as well as for the funding for ukraine and taiwan and israel and humanitarian aid, but the question is will the house republicans, because they are the ones who have been not negotiated or have not indicated that they are ready to move off of hr-2, and so that is still what is outstanding, and i didn't see or hear any affirmative statements that they were ready to move away from hr-2 on the house side. >> well, house speaker mike johnson said that he wouldn't need hr-2 in its entirety or its exact form. talk to me a bit more, congressman, about where there's been significant compromise or what seemed to be the sticking

points right now. >> that's the problem. we've seen compromise and dialog and conversation on the senate side. that's why i think it was important that the president called the meeting yesterday so that he's pushing forward, utilizing his experience and expertise in trying to get people to work together because basically prior to that the only ones that were disengaged was house republicans, and the only thing that they were talking about. now the speaker has to deal with his maga republicans on his side to get the votes that he needs. the question is if he doesn't, is he still going to put up a bill on the floor that we know can pass and not be held or not just give in to a number of the maga republicans on his side, so the speaker says one thing and then we know and we eve seen in prior episodes where the house maga republicans say something

else and then we don't get anything done. >> so taking all that have into consideration, what would you say right now at 10:37 a.m. on thursday, i mean, how close are we to a dealle? what would you say now? >> i think first we've got pass the cr, of course, and that's what we're looking to do right now. i think that that was clear yesterday that the very first thing has to happen is the cr is passed today. and then i think that the senate needs to go back, and they will, and they have indicated that they will to negotiate, to see if they can come up with a bipartisan agreement. if they come up with that bipartisan agreement, then it comes over to the house, and that's where the rubber will hit the road. that's where we'll see if the republicans are ready to move so i feel good about the fact that the senate is negotiating and will send us a cr bill. i feel good about the fact that the senate in honesty is working in a bipartisan way to do both a border bill and a -- dealing

with ukraine, israel, taiwan and humanitarian aid, so i feel good about that. the question is, it's just based upon prior experience of what is taking place since the republicans have been on charge here on the hill, whether the maga republicans would allow something to happen, would allow progress. they have done virtually nothing since they have been in charge for the people of the united states of america. leader jeffries said yesterday he's ready, willing and able to negotiate with the -- with the republicans on that, but we've yet to see any movement on that side, and that's where my concern lies. >> congressman, let's go overseas a little bit while we have you. we wanted to ask you the tensions in central asia and the middle east they seem to grow by the day. we now have pakistan launching retaliatory strikes against iran. congressman, how concerned are you about what appears to be a real escalation there? >> well, i'm concerned, of course. now the pakistan incident of

launching over in iran seems to be a different border issue with separatists that was there. i think that was something that we have concerns about, but i don't think that's the same thing as taking place in gaza and israel, so it's not an escalation of that part of the middle east. it's a separate part, something that we've got to keep our eyes and our watch on. i'm concerned, but i agree with what the president has done when the see the houthis continue to try to attack and -- in the red sea and stop our -- our commercial ships, et cetera, which will affect the world's economy, and that's why we're working collectively with all of our allies to do that, so, yes, all the concerns, there's concerns there, but, again, i think that the -- that the experience and the expertise of president biden keeping and working with our allies in a collective way is -- will win

the day. >> congressman meeks, we appreciate the time today. thanks so much. sara? >> thanks, rahel. donald trump is ramping up his attacks on rival nikki haley ahead of next week's new hampshire primary. coming up, the case she's building to voters against the former president. we'll have all of that just ahead.

are. this morning nikki haley back on the trail in new hampshire and taking shots at

donald trump telling protests it's time to move on from the former president. haley's comments come after donald trump sharpened his attacks against her. just days away from the new hampshire primary. cnn's jeff zeleny is joining us from i hope i say this right, henniker, because i know new hampshire will come for me if i got it wrong. this morning that's where cnn will hold its town hall with nikki haley later today. jeff, what is haley saying? a lot of people look at the attacks from donald trump and saying he's attacking her in particular because because she's got some serious momentum there. >> reporter: well, sara, good morning. we're actually in hollis, new hampshire, the town hall is in henniker, new hampshire, and we just finished an event with nick kay haley who was talking to voters other and really responding to some of the attacks donald trump was making against her. you can feel the tension between these two candidates with five days left before the new hampshire primary, a volley back

and forth. it started with accusing her trying to infiltrate the new hampshire primary with independents and democrats. the reality is undeclared voters make up 40% of the electorate, one of the reasons why she has a chance here. some of the voters we talked to here were undeclared voters. you can pick up a republican ballot or democratic ballot but since there's not real a contest on the democratic side, many of them are choosing the republican ballot, and she's certainly one of the candidates for that, but back to this back and forth. she responded quite forcefully to the tv ads running against her by the trump campaign. let take a listen. >> do we want more of the same, or do we want to go forward in a new direction? and more of the same is not just joe biden. more of the same is also donald trump. when you think of more of the same, more of the same is the

fact that over 70% of americans don't want a trump/biden rematch. >> reporter: so she really is presenting herself as this new alternative, and, sara, there are republicans who have voted for the former president who are responding to it as well as i mentioned the undeclared voters. that's what makes new hampshire so interesting in the final stretch. she certainly is running strong against him. she will be taking questions as cnn has the town hall this evening, but some reporters were asking her a few questions this morning, and the -- the third candidate in the race, ron desantis came up. she said i'm done with desantis. i'm just focusing on trump. we'll see about that as this race moves beyond new hampshire, but for now at least the race is -- is joined between those two, and it's getting quite intense, sara. >> jeff zeleny, i want to say this, for people who do not get to meet you in person, this gentleman here has more facts on each of these states than you

can possibly imagine. you are like the trivia guy. it's unbelievable what is in that brain of yours, so we thank you for taking the time this morning to hang out with us in the freezing cold there in hollis, new hampshire, and we'll be checking in with you again. thank you, jeff. >> john. >> fantastic recommendations. >> john is also the same, by the way, in its case you didn't know it. sort of boy genius. hides it pretty well. >> absolutely. the breaking news. our team is poring through a 500-page federal report on the uvalde massacre. we've got new reporting on what we just learned, and then a violent assassination upends a nation. a prosecutor leading an investigation into organized crime gunned dunn on his way to a court hearing.

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welcome back. let's go to ecuador now where spiraling violence continues with an assassination in broad daylight. a prosecutor was gunned down in his car while driving to a court hearing just three miles away. police say two men have now been arrested. cesar suarez was investigating the armed take over of a tr station last week. maybe you've seen the video that. on-air attack came amid a surge of explosions and kidnappings after a notorious gang leader allegedly escaped prison. let's go to cnn's national correspondent david culver who is joining us live from ecuador. david, what more are you learning? what can you share with us? >> hey there, rahel. this assassination sending a very loud message from the terror groups to the government here in ecuador, and as you pointed out there are a lot of moving points here and in the midst of a state of emergency

that's coming as the result of that escape from what is believed to have been at least an escape from one of the prisons here. you mentioned the notorious gang leader, fito, i believe it's a gang leader and interestingly enough i spoke to one of the top commanders here who said we're not sure. this man escaped from our prison. speaks to the dysfunction within the prisons. not like what we see in the u.s. or other places around the world. there are open campuses and places where basically the gangs inside control themselves, and on the outside now you have armed forces and police trying to secure it, but the fact that this prosecutor who now was just assassinated was the one investigating, perhaps the most visible aspect of this most recent surge in violence, the studio tv takeover, is a clear message the terrorists are not backing down. folks are out and about. this may seem like a very calm, peaceful place and to be honest

it feels like that at this hour and at this moment. people i talk to say you have to take it moment by moment, because this is a moment outside of the curfew hours that are still in place here in the midst of the state of emergency where people feel safe. but they say at any time, are a heshlgs could you have somebody sitting next to you at a restaurant who is the target of one of these gangs and suddenly gunfire will erupt and you're collateral damage. >> well, just chilling. to your point, david, it really illustrates the chaos that they can't even speak to where he was if he had broken out of that jail. david culver live for us on the scene in ecuador. thanks so much. sara? >> still to come, 77 minutes of failure. cnn is combing through the long-awaited doj report on the police response to the uvalde massacre. the latest inside the federal report and what it will mean for the families impacted by that horrific day. that's all ahead.