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we make money from ads, but they don't follow you aroud join the millions of people taking back their privacy by downloading duckduckgo on all your devices today. -- captions by vitac -- www.vitac.com join the millions of people taking back their privacy ♪ moments ago, nikki haley punches back at donald trump. some of her sharpest comments yet out loud and online. we have new reporting just in. and an alleged affair putting the election subversion case against trump in georgia in jeopardy.

fani willis now ordered by a judge to respond. and she's now against the clock. plus a fresh look at a decades-old murder conviction. the innocence project now combing through old evidence in scott peterson's case. i'm sara sidner with kate bolduan and john berman. this is "cnn news central." all right. we are seeing something different in new hampshire this morning. is this nikki haley unleashed? just moments ago, she hit back at donald trump, who's gone after her on everything from her strength to her ethnicity to her name. listen to this. >> there are multiple instances that we need to start asking donald trump the questions and stop taking what he's saying to be golden. the fact that donald trump's lying, it's another reason why

he won't debate me because he knows i'll call him out on it. >> all right. that was out loud. nikki haley is doing this online also. just a few minutes ago, a tweet from nikki haley. she said, another reason we need to move on from trump, too many lies, she said. democrats can't vote in the new hampshire primary. they haven't been able to change their registration for months. i eye i was tougher on china and russia than trump was. i passed the toughest illegal immigration law in the country as governor. i did more to protect south carolinians than he did to protect americans. but we all know that's why he won't debate me. have a great day. so, that's what nikki haley is writing online. on the subject of who can vote in the new hampshire primary, she's absolutely right. donald trump has been saying, oh, nikki haley is going to do well in new hampshire because democrats can vote there. they can't. democrats cannot vote in the new hampshire primary. they would have had to changed their registration months and months ago.

who can vote? republicans and undeclared voters. now, a lot of undeclared voters in new hampshire, and they do vote, but they make up independents. a lot of them may be leaning republican anyway. they are a focus of nikki haley. also a focus of nikki haley, and a reason why she thinks she can do good in new hampshire, who the voters are and where they live. i want you to look at the population of new hampshire and see where it's centered here. in the southern part of the state, manchester, nashua, these are really suburbs, big suburbs. i can pull up the map here and show you what they're really connected to. think of this -- and i'm not saying this to be mean to new hampshire. i love new hampshire. this is really, sort of, suburban massachusetts, suburban boston right there. everywhere from manchester on down here is within an hour commute to boston. and the voters here in this area, more heavily populated, behave not unlike voters do in massachusetts, maybe not as

liberal, but certainly in that direction. and if you think about candidate who is have done well in new hampshire in the past, you have to look no further than john mccain, who won big in new hampshire. now, i know that was 24 years ago, but john mccain won big in new hampshire. and his biggest share of the vote came from those undeclared voters. you can look right here. he won 61% of those independent voters, which are really undeclared there. and that's where he ran up the margins on george w. bush. this is the type of thing that nikki haley would like to do in new hampshire. whether that's possible or not, we will see. but that certainly is the goal here. sara? >> all right. joining us now is the chair of the new hampshire young republicans, virginia dry. thank you so much for coming on to talk through what young folks are looking at. i'm curious what you think is different about young republicans in this election cycle. i want to know what the issues are that are top of mind for them.

>> well, so i'm going to say that young republicans are basically no different than any other republican. we still have the same issues that we talk about, social security, the environment, the economy, border control, and also national security. so, we have issues that older republicans also align with. while we may be different on some subjects, such as the environment, we still have that same conservative lineup that we connect with with the older republicans. >> i think it's interesting that you bring up the environment because that has not been a big talking point, and some have, sort of, pushed back against the green economy, if you will. how do young people see that? and how do you think they will break through to candidates on that particular issue? has it been difficult? >> well, young voters have been bringing it up to the candidates when they're here in new hampshire. for example, my whole group, we did a round table with several

presidential candidates not just on the environment but on the economy as well as education, so topics that are near and dear, the three es that young people are thinking of when they go to the polls. >> economy, education, environment. those are the top three. i do want to ask you which candidates you've seen or that you're hearing from, your young republican colleagues, which candidates seem to be appealing to younger republican voters the most? >> well, i think all the republicans are appealing to the young voters. i mean, you've got to look at the ballot. biden is not on the democrat ticket. so, young people are looking to the republican ticket for solutions and for them to hear their concerns. and so many candidates have come to new hampshire to hear from young voters, from the ones with the most social media to the ones with the least. they're all here to talk to us for the first in the nation primary. >> all right. nikki haley has said that politicians and lawmakers over the age of 75 be required to take a mental competency test

before they're allowed another term in office. she has gone after, of course, joe biden and donald trump for their age. does this matter to young republican voters? are they worried about the age of candidates that are before them? >> well, i think it's interesting what the young republicans and particularly -- so, there's young republicans, my organization with the capital y and r and there's young republicans in the sense of lower case y and r. and there's such a drop for all the candidates. while there's a large range in age for the candidates, there's preference for some candidates, and some don't matter about age. to others, it's more about the topics that they're talking about. so, in the sense of age for office, you know, i remember that nikki haley was talking more about federal offices. we vote on all offices. so, it's really about preference of the young voters. >> i'm curious about who things

that i didn't hear you say young voters being particularly interested in. one is gun violence at schools in particular, as they are younger voters, and two is the abortion debate. how are those playing with young republicans? >> so, it's a topic that we are discussing, and it really is a topic that we have to think about as state oriented as well. so, that's where most of the discussions is going on is state. and presidential does play in a large sense of the national aspect, but also we have to consider the state aspect as well. >> virginia dry, thank you so much for coming on and explaining all that to us. appreciate it. now with voters prepared to head to the polls in the granite state, who has the momentum? the 2024 new hampshire primary live coverage starts tuesday at 4:00 p.m. right here on cnn. kate? coming up for us, will fani willis, the fulton county d.a. overseeing trump's subversion

case, will she be kdisqualified from the case? there are new details on what the judge is ordering her to respond to. an unimaginable failure. that is how one top justice department official is describing what they found in the police response to the uvalde school tragedy. what does this mean now for the calls for accountability from the families? and the notorious scott peterson murder case back in the spotlight nearly 20 years after he was convicted of killing his wife and unborn child. why lawyers are taking up his case now. we'll be back.

a new deadline and a new hearing are now set in georgia, as the foul ton county d.a. fani willis -- katelyn polantz has much more on this. katelyn, this involves an alleged affair and also allegations brought by one of donald trump's codefendants charged in this case. enormous, enormous stakes here. what are you hearing? >> kate, so the codefendant of donald trump, one of the campaign operatives with him, who's charged in georgia, has raised issue as part of the case, saying that the relationship the district attorney fani willis has with top prosecutor there, nathan

wade, somebody that is paid by her office, brought on to prosecute the case against trump and 18 others, that that is potentially a problematic conflict in this case. now, the judge is going to look at that. this defendant is saying there may be an improper relationship there. at very least, it's a distraction and something could really hurt the credibility of the prosecutors, as it continues being something that's an issue in this case. the judge is going to talk about it at this february 15th hearing, talking about the legal ethics here and these prosecutors working together on this. now, separately, fani willis, the district attorney in fulton county, she's been subpoenaed to give a deposition to provide information for an interview in the divorce proceeding of nathan wade. she's been subpoenaed by the person who will become his ex-wife, his current wife, that he's been filed. and they both agreed to divorce about two years ago. her deposition is scheduled for

next tuesday. she doesn't want that to happen. and she saying in filing, trying to get out of that deposition, that the defendant, jocelyn wade, nathan wade's wife, is using the legal process to harass and embarrass district attorney willis and in doing so is obstructing and interfering with an ongoing criminal prosecution. she is also, fani willis, in her filing, accusing jocelyn wade of potentially conspiring with some of these election interference defendants to try and get this to be part of the milieu of what's going on in this case. now, jocelyn wade and her attorneys did release a statement yesterday saying, this is a personal matter, and fani willis is using her public platform. so, a lot to watch here. very messy. at least in the divorce proceeding. >> absolutely. we'll see what happens from here. but messy is the word for it. katelyn, good to see you. thanks for the reporting. with us now, former federal prosecutor, jennifer rogers.

counselor, the fact that the judge agreed to hold a hearing on this, does that tell us anything in and of itself? >> not too much. a motion has been made. the judge has to dispose of the motion somehow. the motion is very bare bones. it didn't include any evidence. they said the evidence is coming. i think the judge is saying, let's see what we get. let's sort it out. if there's no evidence forthcoming at the time of the hearing, there was something about information that had to be sealed that had to be unsealed. i think they're thinking if there's meat there, they'll know by the time of the hearing. >> again, we don't know anything about the specific allegations. nothing has been proven. let's just stipulate that. there are questions that have to do with, perhaps, ethics and business practices inside the d.a.'s office in whether the relationship is appropriate or not. but then there are issues about how it should apply to a prosecution and if it matters there. when does it cross the line into actually mattering in a courtroom in a case? >> so, it would have to impact the way that they handled the investigation and the case.

so, if -- and this is a big if, of course. if this prosecutor was brought on inappropriately, without the proper experience, that, again, would be just, kind of, an internal matter. if, though, they extended the case longer than it should have been investigated, more thoroughly, more expansively than they should have, dragged it out, in other words, to build more so they could use this money somehow for personal reasons, that would be something that would impact the case and therefore potentially result in the removal of willis. >> where is the line between embarrassing and disqualifying? >> impacting the case effectively. if they did more than they should have, if they -- not investigate more thoroughly, in a way, but overdid it, right, in other words. if they said, we have to drag this out because we want to go on vacation next month, so let's add another count so we have to go before the grand jury more times. that's the sort of things, when it impacts the case. >> how much information do you expect will come out in this

hearing? and, again, there's this hearing before judge mcafee, which is in the election subversion case in georgia. and there's also the separate divorce case. inside mcafee's hearing, what are you expecting to hear? >> they're going to have to bring evidence that backs up these allegations. the judge is going to say, what do you have? if they don't have anything, there's nothing to rule on. so, we're going to have to see what it is they have. we don't know anything right now because they've just made these bold faced allegations. >> it's not his job in this case we don't expect to hear from the judge, this should be -- if something was going on in this office, it shouldn't be going on. it's not his place to say that. we wouldn't hear that here? >> no, we're going to hear, what impact are you alleging this would have on the case itself? >> do you expect we'll hear from mcafee ruling from the bench that day? >> if they bring what they have and they say, we don't have anything more, this is what

we've got, and it's not enough, i expect him to rule if not from the bench but promptly. >> we'll be watching that, needless to say. a scathing doj report blames law enforcement officers for failing to take courageous efforts to stop a school shooter in uvalde, texas. texas state senate ron gutierrez is joining us next to talk about that damning report. plus we are waiting for final confirmation. was it a historic landing on the moon by japan? we will have details on that ahead. to duckduckgo on all your devie

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on our radar this morning, violent threats on the rise. new data from the u.s. capitol police shows that last year, 2023, they investigated over 8,000 threats made against members of congress. that's a jump of about 500 cases from the year before. both democrats and republicans faced a variety of direct threats and concerning statements sent through mail, email, phone, and online platforms. also, take a look at this video coming up now. sparks seen from a cargo plane flying over miami, or not. the engine malfunctioned about three minutes into the atlas air flight last night. take a look.

all right. we've shown a little bit to you earlier. we're trying to get it back to you. but it was scary to see the plane on fire. we are told the crew followed all the standard procedures and safely landed at miami international airport. a post-flight inspection revealed a softball-sized hole above the plane's number 2 engine, which malfunctioned, the flight was only in the air for three minutes before the flames appeared, prompting a mayday call from the cockpit. atlas air plans to conduct an inspection to figure out exactly what caused that issue. also dolly parton. i mean, don't we love her? she's doing the gift giving on her birthday today. four surprise songs never before released out today in celebration of her 78th birthday. she just doesn't stop. the music legend herself shared the news, posting that her songs go with her new rock star album and writing, i hope y'all have a happy birthday for me.

working 9:00 to 5:00, dolly. love her. we'll be right back.

# ( a cascading failure of leadership, to say the aleast. that is a major finding in the department of justice's report on the uvalde school tragedy. the final report, 575 pages long, detailing how law enforcement failed to respond to the immediate threat and

continued to fail the victims and their families in the hours and days after. 77 minutes. that is how long it took law enforcement to stop the massacre after the first call to 911. 77 minutes that left 19 children and two teachers dead. now, earlier in the show, sara spoke to the uncle of 9-year-old, jackie casarez, one of the students killed that day. and he said this report will help fuel their fight for justice. >> we're not going to go anywhere. we're going to stay here until charges are filed, they get indicted, and that we hold them accountable for that. their failure led to somebody else's death. so, it encourages us to continue fighting for the truth, continue fighting for transparency, and to continue fighting for justice. >> we're joined now by democratic texas state senator who represents uvalde, roland

gutierrez. he's also running for the seat held by ted cruz. thank you for coming in. the report is horrifying and truly saddening. what do you think the impact of it will be? >> well, kate, there wasn't a whole lot of new in the report, but it's nice to finally see it in black and white. as a matter of fact, your network had broke a lot of these stories, a lot of the things that were said in this report. it's important that we, as americans, understand that this horror happened. it happened in my backyard, down the road from my home. it's something that these poor families will have to relive for the rest of their lives. these children were just mutilated. and these police did absolutely nothing, nothing because they were afraid of this gun, they were afraid of this rifle, ar-15. over and over they said they were ham strung by their fear. politicians need to stop being

cowards. they need to see the videos that i've seen, need to see what this gun does. politicians like ted cruz and others need to fully and finally pass an assault weapons ban in this country so that we do not see this happen again to another child. these families won't stop until they have some justice. >> that's what they say. the justice department official who led the investigation was on cnn earlier today, and she called what she saw an unimaginable failure. listen to this. >> and so to see that unimaginable failure to continue on even past the time that the shooter was killed by law enforcement, you know, the crime scene contamination, the fact that families weren't told, you know, for hours in some cases whether their child was alive or dead. at one point, families were told that a school bus of survivors was still -- there was one more bus that would come. that bus never came. there was no bus. so, the trauma and the pain

wasn't just in what happened in the school itself. but it continued on for hours and in fact days later. and, you know, our point in doing this report, phil, has been both to make sure that we can actually learn lessons here, that law enforcement can learn what happened in uvalde to make sure something like this never happens ever again. >> senator, are you confident today that this wouldn't happen again in uvalde? >> kate, i'm not confident because i've seen no change by policy makers in texas. we filed 21 bills to create change. these republicans that control this state have refused to do anything on common sense gun solutions. they've done very little -- there has been no accountability at the department of public safety. they gave steve mccraw a $50,000 raise after this. we are lost on these issues in

texas, and it's not going to be until these cowards open their eyes. when are they going to stop? when are we going to stop seeing more children die like this? it's horrendous what's hap happening. and these republicans have no end to their madness, and they do not want to fix these issues. nothing has been done to keep this from happening again. >> hyper locally, if you will. the attorney general, he spoke -- merrick garland, he spoke to cnn about this. he told my colleague, evan perez, the community now has the report necessary to make sure accountability occurs. the families want to see police face charges. they have wanted this for a very long time. with this report in hand, do you think they will see charges? >> kate, this district attorney has this case for 20 months. there's been nothing new. there's no smoking gun. the shooter is dead. there's no accomplices.

there's no nothing. cops should have been indicted a long time ago for failure to render aid, for possibly criminal negligent homicide. so many different things, so many different things. for 77 minutes, those kids waited. five children, five bodies, including one, was eva morales, came out with a pulse. four of them succumbed. eva morales sat there in an ambulance because they couldn't get that ambulance out of the parking lot because the arterial streets were covered with cop cars. the bus that they talk had to jump curbs and sidewalks, go through a playground, to finally be able to access the street to make it to the hospital. the errors that occurred were many. it wasn't just against the local cops, the local police chief and the sheriff. we need to look at the department of public safety and their head officers that were there on the scene that absolutely did nothing to safeguard these children. >> my colleague, shimon

prokupecz, has done so much reporting on this. he's been on the ground for a long period of time trying to bring a lot of this to light. and he's talked about how this whole tragedy and the failure afterward has divided the community. what do you think it will take to help them heal, to bring the community back together? >> you know, kate, it's a real -- it is a problem. shimon is correct. the community is divided. and you have a district attorney that's not helping because she's got to pull this band aid off and she's got to go after the people she has to go after. she refuses to do so. because i think that in order to do so, she also has to go after the department of public safety, a few texas rangers, and a few other people. and i don't think that she is ready for that in this community. but at some point, you have to bring justice and you have to send this message because it's the only way you're ever going to have accountability. it's the only way you're ever

going to create change. and so far, we have had zero accountability. other than pete arredondo, no officers have been fired. department of public safety has lied to us. they said they fired one. he retired. the texas ranger, he's still getting paid. he's making $100,000 just to sit on his couch. zero accountability. and i'd like to end with this. shimon uncovered a memo from the department of public safety, from the head of the department, steve mccraw, who told his people, relax, no one's going to get fired from this. imagine that. that's the world we're living here in texas. >> what is in those 575 pages, even though it might not be a surprise to you, is something that everyone beyond uvalde should have an opportunity to look through because it really is horrifying. state senator, thank you for coming on. john? >> thank you, kate.

all right. a push for new evidence in the scott peterson murder case that might possibly exonerate him. and dr. sanjay gupta with today's "chasing life." >> hey there. i'm dr. sanjay gupta, host of cnn's "chasing life" podcast. happy 2024. many of us are likely to have made new year's resolutions. but here's the thing. nearly two-thirds of us will break those goals by the end of january. so, i wanted to give you some tips to help you stick to your resolution. first of all, make a cue-based plan, meaning add specific details like where and when. instead of telling yourself, i'm going to work out more, say, i'm going to go for a run every day at 5:30. that sort of detailed planning helps you avoid obstacles and helps you remember when to act on your resolution. second of all, consider a penalty. data from one study at washington university in st. louis shows that penalties can

be two to three times more motivating than rewards. make a deal with a family member to hold yourself accountable. and finally, number three, make it fun, make it pleasurable. i'll go for a run in my favorite park because i enjoy the scenery. we're more likely to stick to our goals if we enjoy the pursuit of them. and you can hear more about how to optimize your health and chase life wherever you get your podcasts.

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he was convicted of killing his pregnant wife, laci peterson, and their unborn son and sentenced to death in 2004. that sentence, however, was overturned by the california supreme court in 2020. the l.a. innocence project argues key evidence was withheld from his first trial. for more on this, i'm joined by our gene casarez, and tracy jordan. jean, i want to start with you. it has been 20 years. remind us of this case. it had captured the entire country's attention for a very long time. >> i was there too and i was at the courthouse for the sentencing of the death penalty. and there were just hundreds of people that just wanted to be there. this all started in 2002, when laci peterson, the wife of scott peterson, she was eight months pregnant, going to give birth right after the first part of

the year. and december 24th, scott said about 9:30, that was about the last time he saw her, he left. she was going to walk the dog. no one saw her walking the dog that at least testified at trial. he decided he was going to go fishing on december 24th. so, he got his boat, went out in the san francisco bay, wasn't there very long according to the forensics at trial, came back, went to the house, she wasn't there. he reported that she was missing. well, months later, in april, her body, her remains washed up on the san francisco bay. a day later, conner's remains, of her unborn child, washed up. and it was two miles away from where scott peterson had gone fishing. i've got to mention an important witness, amber frey. she was the star witness for the prosecution because in november of that year, she had started dating him. she asked him, are you married. he said, no, my wife died. i'm single. now because of a habeas corpus

petition, the innocence project to fund it has taken it on board and they are now asking for dna testing of -- here's just some of the items -- a 15.5-inch length of duct tape that was recovered from laci peterson's pants from the remains that washed up, 50 inches of long tape and twine tied in a bow around the neck of conner. but remember, she was eight months pregnant when she went missing. a target bag from where the remains were found, duct tape, a tarp from where the remains were found. so, they say that either these items were never tested -- so, you have brand-new testing that is needed -- or the s sophistication of the dna wasn't to the point. gloria allred gave cnn a statement saying he has every right to do this. but the life in prison without possibly of patrol still stands at this point.

>> i want to get to you about why you think this is happening now. there has always been discussion. in the end, the jury found scott peterson guilty, guilty, guilty. >> correct. and we need to keep in mind that what happened last year was that he was -- the possibility of him actually receiving the death penalty was removed base on some due process issues, with regard to the jury that was picked for the death penalty phase. the real issue going on with all of this is really why is the innocence project doing this after 20 years? it's a little concerning that they pick this high profile case, where i think, you know, jean covered it, i covered it, really in the court of >> the innocence project looks to exonerate people who are factually guilty but have been wrongfully convicted based on due process issues. these are apples and oranges. a not guilty finding doesn't mean somebody is factually

innocent. i think the dna evidence is important, but will i also want to remind everybody the bodies were found in water and one of the things they're looking for is dna on a mattress in a burned out van by the modesto airport. if the dna evidence on the mattress in the burned out van came back to be laci's that would make me sit up and pay attention. i think that most of the dna reprocessing will be inconclusive and the key is that doesn't mean anyone is factuality gilt. it means it's inconclusive. depending on what happens next, inconclusive evidence could be used to make somebody think he is not guilty. i think it will be a question in our mind as to whether that means he's factually innocent. >> the legal ramifications of this can be different from potentially what happened, but you have to have the evidence and if evidence shows something different, our laws say that you have to examine them.

i'm curious, from you, jean, what happens now? >> well now they're going to go to the appellate court to ask for the retresting and asking fr a watch and a burglary report. the defense at the time of trial had the opportunity to have things tested. this has to be new, something that the defense didn't know about, they weren't able to test. they're looking at the sophistication now of dna, but there are parameters. you can't just start from scratch. >> that's right. you can't just throw something out there that nobody knew anything about, and so we'll have to keep watching this case. it is shocking. this has come up now all these years, decades later. jean casarez and casey jordan, thank you both for bringing the story to us. appreciate it. news from the moon. the latest attempt to land on the moon wrapped up moments ago but there are questions about how successful it was. to duckduckgo on all your devie

duckduckgo comes with a built-n engine like google, but it's pi and doesn't spy on your searchs and duckduckgo lets you browse like chrome, but it blocks cooi and creepy ads that follow youa from google and other companie. and there's no catch. it's fre. we make money from ads, but they don't follow you aroud join the millions of people taking back their privacy by downloading duckduckgo on all your devices today. ♪ ♪ join the millions of people taking back♪ ♪eir privacy

♪ ♪ just in, japanese authorities checking on the status of their moon sniper robotic explorer as it did touch down on the lunar surface in the last hour. they'll provide updates just in a bit. let's get to kristen fisher. it appears the moon sniper did land, but not in a sea of

tranquillity. somewhere else. >> correct. it's called the sea of nectar, sara, and what we know is that this spacecraft called slim, short for the smart lander for investigating the moon, it has touched down on the surface of the moon, but the big question is, what kind of condition is it in? the spacecraft is communicating with the ground specifically to pan space agency or jaxa, but did the spacecraft perhaps tip over, roll over, or worse case scenario did it completely crash into the surface of the moon? we just don't know yet. we're awaiting a press conference jaxa the japanese space agency any minute now where hopefully we will get answers. it's too soon to say if this was a sucks or a failure because, you know, what is a success? if you land on the moon, that is a pretty big feat in and of itself but if you tip over and you can't perform some of the

scientific observations you were hoping for it to perform, does that constitute a success? a lot of questions here, but, sara, if successful, this will be such a huge deal for japan, and its space agency because it will become only the fifth country in the history of the world to land on the surface of the moon successfully and only the third country this century. only china and india have done it. it's been more than 50 years since the u.s. has done it, which was back in 1972 at the end of the apollo program. a momentous moment for japan's space agency. everybody is really holding their breath waiting to see what is going to happen, and, you know, in addition to these historic firsts potentially, this rover called the moon sniper, is demonstrating this really cool pinpoint technology trying to land in an area just the size of the football field. you compare that to previous landers, their target landing

site was several kilometer, even miles locng, if successful not just a historic first for japan but an impressive step forward in terms of the types of technology for these kinds of lunar landers. >> let me get this right, the moon sniper right now is in the sea of nectar, which sounds like something out of greek myth where there are things there like tempting the moon sniper, come to us, come over here? what's going on there? >> come land in the sea of nectar. right. >> come on. >> i love what kate said earlier about it being an all-inclusive. i don't know. i didn't come up with the names, okay. this is all on you, nectar. >> how it's going. john blames you. >> it sounds lovely. kristen fisher thank you very much for this. keep us posted. >> i can't tell. >> we did pick out place for