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the past to your full potential. >> old school >> cnn news >> the race to replace the disgrace right now, new yorkers are heading to the polls for a critical special election to decide who will fill former congressman george santos is seat with major implications on the balance of power in the house. >> senate, majority leader chuck schumer is calling on house republicans to support the $95 billion foreign aid bill that just passed in the senate but that funding for ukraine and israel and taiwan remains uncertain as speaker mike johnson has vowed to block the vote and a worrisome partnerships say the least, us officials are sounding the

alarm about the blooming ties between russia and north korea we are following these developing stories and many more all coming in right here to cnn news central why now voters in new york's third congressional district, just outside of europe city, you're casting their ballots to replace indicted and expelled republican george santos, the special election today could hold some clues to understanding the 2024 general election. republicans have the slimmest of house majorities and this is a suburban district that biden won by eight points. so a prime chance for democrats to shrink that gop margin. >> but the political headwinds on several issues like the economy and immigration explaining why the race between republican mazi pilip and democrat tom suozzi is so tight here all right let's go there now with cnn's athena jones,

who is at a polling site. athena, now that the snow is letting up, his hasn't gotten a little bit busier hi, brianna. >> well maybe slightly it doesn't look like it right now though. i mean, we've seen a lot of activity looking like this, but just a few minutes ago, there were three people waiting in line at one of the tables and that's the most people we've seen here all day talking to these poll workers. and they've said that this is the dentist, it's been in the 1015 years they've been working and they say that's partly because it's a special election, partly because of the snow that now has stopped. so we could see a ramp up. it snowed more than eight inches in glencoe of where we are right now. >> and >> partly because so many people voted early, more than 80,000 people cast early votes in the nine days of early voting. and these election workers were telling me that they were seeing ten times the number. there are some ten times number of people come an hour as they saw in the first 6.5 or so hours here at this particular polling location. but this is an important race that many people are watching because they see this as, this

is one of those suburbs that is the kind of place that politico observers believe will decide the next big election, the one in 20, the one in november for the white house and congress. and this, this district makes up part pardon nassau county, and part of queens. the big issues here, immigration, the economy, inflation abortion i spoken to several voters here. all the ones who supported mazi pilip talked about pop pillow, talked about immigration. and that is something that she has spent a lot of time and money talking about all of the ads she put out dealt with immigration, attacking suozzi as soft on the border voters telling me that masih pilip is willing to be tough on the border to close the border, tom suozzi isn't suozzi for his part, has been trying to paint mazi pilip as kind of an unknown. maybe someone like santos who might have ethics issues he does not have as much name recognition, having served as a county legislator for just about two years, suozzi was mayor of glencoe of where i am here, nassau county executive and served in congress for three terms. but as you mentioned, while joe biden beat

donald trump by eight points in 2020, in 2022, george santos, the man they're replacing, was able to beat him his democratic opponent by seven points. so you can see how the tide has shifted a bit in this region and why people are watching it so closely. so we'll see what it all pans out. who comes out on top, which party's message is really connecting and resonate with voters? one more thing i'll tell you. mind my colleague miguel marquez caught up with tom suozzi in west berlin hey, where he's been doing a campaign event and he asked suozzi whether he thought the snow was helping him and suozzi gave a thumbs up and then he explain saying that a lot of republicans vote in the mornings. democrats tend to vote in the afternoon and early so he's feeling pretty good, but we'll have to see how it all shakes out in this very, very close and closely watched race jim, brianna, who's we'll see how plays out this afternoon with tina jones. thanks so much. president biden is urging the house to act after the senate passed a major foreign aid package. it includes $60 billion to support ukraine in its fight against

russia. more than 14 billion in security assistance for israel, 9.2 billion humanitarian assistance for civilians in gaza as an other conflict zones, the bill is now heading to the house where its prospects are grim with speaker mike johnson criticizing it because it does not include security measures that would help with the southern border crisis. let's turn now to cnn, chief congressional correspondent manu raju. manu, tell us where things stand. >> yeah, there's just a lot of frustration, particularly among republicans given the divisions over this strategy here in a major showdown happening between senate republicans and house republicans, mike johnson, you're right, he is demanding more border security measures. in fact, that's what he just told reporters just moments ago. but lose johnson himself, his decision to effectively kill the senza bipartisan border security deal that led senate republicans scuttled that plan as well, saying there's no chance in the house because mike johnson says it does not go far and now often because donald trump

opposes it, that we might as well shelve this plan, then the senate, over the last several days have been pushing through this nine he 5.3 billion dollar measure doing with ukraine dealing with israel and dealing with taiwan, a bipartisan vote, 70 votes in the affirmative. this morning to get it over the finish line. but there are real tension around the ranks. one of the people who held up the votes of the last several days or cellular rand paul, a fellow kentucky republican who took aim at mitch mcconnell himself, even as paul himself, found some fire, traded him as well. listen i don't support what he's doing here, and i'm very outspoken. he's made a mistake. he citing was schumer and biden. but after the election, you said there's a vote africa-russia. would you vote for bridge when we can, i can say right now he doesn't represent me or, or conservatives and kentucky orchid servers across the united states. he's doing the bidding of schumer and biden were only here because of just one and he decides that the

rest of all of our schedules and our lives and holding up this bill to the getting to the house for all of this aid. it's incredibly frustrating and there's no work being done. it's just bad performance art >> and fetterman, of course, was referring to rand paul in that comment, paul had been one of those handful of republicans who have been outspoken in their criticism of this bill, although it did not achieve a majority support amongst senate republicans, it did have some significant support given that mecole supported some of his top deputies, voted for this as well, and almost a majority here. now, pressure on the house to take action even as the speaker, the house has indicated, he has no interest in taking up this plan unless they come up with some other proposal dealing with a border. >> yeah. wasn't long ago that republicans across the board supported aid for ukraine against the russian invasion on

the house side, lawmakers are speaking about a discharge position to effectively get the house to vote on this working around the speaker without getting into too much detail. i mean, how convoluted a process is that is that one that has legs it's very complicated. in fact, what it is essentially, it would circumvent the republican leadership. remember the speaker, the house majority leader, they decide what bills can go on the floor of the speakers indicated he's not going to put this senate bill on the floor. so what they can do is they can get 218 signatures. people democrats would need to get some republicans on board to sign onto a tension essentially putting this bill on the for forcing a vote on the floor. but this rarely succeeds. it takes a lot of time for it to play out to hakeem jeffries, a democratic leader just told his colleagues he wants to use quote, every available tool to try to force a vote. but jeffries himself is expected to lose democratic support over the fact that the israel portion of this aid package does not include conditions in providing israel with that money. so he's gonna lose some

democratic support, meaning he has to get even more republicans to back it, to get that majority threshold. and republicans of course, facing pressure from donald trump, from their leadership not to sign onto this effort. so a lot of questions about whether this can pass and whether they could actually serve combat. mike johnson's opposition. >> yeah, we'll look and see if that happens. manu thank you so much. here in just a few hours, house republicans will try to impeach homeland security secretary alejandro mayorkas again, you'll recall the gop suffered. what was a pretty embarrassing public defeat when he similar vote failed last week house republicans claim that mayorcas has committed high crimes and misdemeanors for his handling of the southern border even though several constitutional experts have said the evidence does not reach that threshold. the house is not impeached. a member of a president's cabinet in nearly 150 years. so this is pretty extraordinary stuff that we are watching. we're joined now by congresswoman beth van duyne.

she is a republican from texas congresswoman. thank you so much for taking the time to be with us >> you tweeted we don't need new laws, need to impeach mayorkas and enforce the law. the laws that are already working. so if you don't need new laws why did you vote for h.r.-2, which would be a new law and call the senate to consider it. >> actually, hr-2 isn't a new law. what hr-2 was a mechanism that the house could use to force this administration to stop ignoring the laws and having the agency actually have to enforce the laws. that was our whole purpose of it was ridiculous that we even had to pass hr-2. but the purpose was is that the agency is specifically ignoring the laws, creating their own who laws not enforce. >> it was a bill. which if it passes, becomes a law. you're saying that was never the intention, are you saying it was mainly attention is no, it wasn't it was it was codifying

again, laws that this administration has been completely ignoring starting with mayorkas which is why i'm confident that tonight we're going to be able to fulfill our commitment to impeach mayorkas because he's done untold damage by ignoring the law circumventing the law, creating his own law, specifically with his catch and release program. we have seen damage not only to our national security, but the deaths of tens of thousands of americans. his catch and release program was never the law he created that. and as a result, instead of detaining illegal immigrants as they come over, his been releasing them into our communities. and then you look at his parole again. we have a a law regarding parole and he has committed that system. so you're saying that he just wasn't following laws? do you were just repass only just not just >> he wasn't >> just specifically the his his ability on paroles. it was always supposed to be on a one on a case-by-case basis instead, what his

administration has done under his rule because the committee on homeland security is actually on covered memos we're he has sent homeland security memos to ignore the law and instead to follow his policy, which has instead of looking at parole on a case-by-case basis, to have massive mass parole. that was never the intent of congress, congresses in charge of actually passing laws in the agencies are in charge of through funding from congress in charge of executing those laws. he specifically not doing that. and as a result, we have seen damage untold to our country and again, the deaths of tens of thousands of americans how so >> i'm sorry >> the deaths of tens of thousands of american. >> we've had over 110,000 americans who have died as a result of fentanyl poisoning that has come in over our borders. we have had increases in crime across our country in cities all across her country, where you're looking at i've

done few more here illegally, who are who are you drinking wall dry under under killing families who i am losing our police office, those are us citizens bringing the fentanyl and you're aren't you aware of this is more than it's overwhelming. the vast majority jordy, like the vast majority of fentanyl, is coming in with american citizens >> i know that you are right now because the mirror to tell tell are the best friends of mayorkas and are the ones who want to keep him in power because the mexican cartel right now, or in charge of our southern border, and they're making billions of dollars from bringing in drugs, sex trafficking, human trafficking, and trial trafficking using american citizens if we were we were enforcing our laws at the border. this would not happen. unfortunately, what we have is an administration we've got a secretary who's completely graded win-loss so similarly, malice, which law specifically

is not being enforced such that fentanyl would catch him least was >> berrigan citizens, american citizens it is coming in from southern border. another example are bringing it in pbl. no, no, let's go back this seriously. let's have an honest conversation here. >> honest conversations. we have open borders right now. and as a result, you're saying we need to, i'm sorry just want also say i'm very sorry. >> beat >> we'll come back. i'm going to try to come back. this. we have to go to the president now. >> this is a critical act for the house to move it needs to move the bill provides urgent funding for ukraine. so couldn't keep defending itself against putin's vicious, vicious onslaught we've all seen the terrible stories in recent weeks. ukrainian soldiers out of artillery shells, ukrainian units rationally rounds of ammunition to defend themselves ukrainian families worried the next russian strike will permanently

plunging into darkness or worse despite protestant bill sends a clear message to ukrainians and to our partners and to our allies around the world, america can be trusted america can be relied upon an america stands up for freedom. we stand strong for our allies. we never bow down to anyone and certainly not the vladimir putin. >> so let's >> get on with this. remember the united states pulled together a coalition of nearly 50 nations to support ukraine we unified nato expanded. we can't walk away now. that's as putin is betty not. he's just flatly said that supporting this bill standing up to putin, opposing it is playing into putin's hands there said before the stakes, this fight, extend far beyond ukraine if we don't stop putin's appetite for power and control, ukraine he won't limit himself just to

ukraine and the cost for america and our allies and partners are going to rise for republicans in congress who think they can oppose funding for ukraine and not be held accountable. history is watching history is watching history is watching failure to support ukraine. this critical moment will never be forgotten. i want to be clear about something because i know it's important to the american people. all this bill sends military equipment to ukraine. it spends the money right here in the united states of america places like arizona, where the patriot missiles or both. and alabama or the javelin missiles are built in pennsylvania, ohio, and texas for artillery shells are made and the way it works is we supply ukraine with millage equivalent from our stockpiles that we spend our money replenishing those stockpiles so our military has access to them. stockpiles that are made right here in america by american workers not only

supports american jobs and american communities allows us to invest in maintaining and strengthening our own defense manufacturing capacity >> look this bill meets our national security priorities in the middle east as well and includes greater support for our troops serving in the region will continue to defend >> against militia attacks backed by iran. it also provides us with what it needs to protect his people against the terrorist group like hamas and hezbollah and others and it will provide lifesaving humanitarian aid to the palestinian people desperately need food, water, and shelter they need help finally, this bill includes critical funding for our national security priorities in asia because even as he focused on the conflicts in gaza and ukraine, we must not take our eye off our national security challenges in the pacific it's the responsibility of a great nation and we are a great nation that the rest of the world looks to. and i mean that the rest of all it looks to us.

the stakes are already high for american security before this bill was passed in the senate last night but recent days, those stakes have risen and that's because the former president has set a dangerous and shock me frankly on american signal to the world. just a few days ago, trump gave an invitation to putin to invade some of our allied nato allies. he said if an ally didn't spend enough money on defense he would encourage russia to quote, do whatever the hell they want. end of quote. >> can you imagine a former president united states saying that? the whole world heard it >> the worst thing is he means it. no other president our history has ever bowed down to a russian dictator well, let me say this is clearly as i can, i never will for god's sake, it's dumb is shameful as dangerous, it's unamerican. when america gives us word, it means something. when we make a

commitment, we keep it and nato is a sacred commitment donald trump looks at this as if it's a burden when he looks at nato, he doesn't see the alliance that protects america and the world. he sees a protection racket he doesn't understand the nato is built on a fundamental principles of freedom, security, and national sovereignty. because for trump principles never matter. everything is transactional. >> he >> doesn't understand that the sacred commitment we've given works for us as well in fact, i remind trump and all those who would walk away from nato article five has only been invoked once just once in a nato history. and it was done to stand with america after we were attacked on 911. >> we should never forget it >> you know, our adversaries of long sought to create cracks in the alliance the greatest hope of all those who wish america harm is for nato to fall apart

and you can be sure that they're all cheered when they heard donald trump, would never heard what he said i know this >> i will not walk away. i can't imagine any other president ok. in a way for as long as i'm president, if putin attacks a nato ally, the united states will defend every inch of nato territory let me close this you've heard me say this before. our nation stands at an inflection point. an inflection point in history where the decisions we make now are going to determine the course of our future for decades to come this is one of those moments and i say to the house members, house republicans, you got to decide are you going to stand up for freedom we're going to side with tear and tyranny you're going to stand with ukraine, you're going to stand with putin we stand with america. or

trump republics and democrats in the senate came together to send a message of unity to the world it's time for the house republicans do the same thing. to pass this bill immediately >> to >> stand for decency, stanford democracy to stand up. so, so-called leader hell bene weekend in american security i mean, it sincerely, history is watching. history is watching and moments like this, we have to remember who we are with united states of america the world is looking to us. there's nothing beyond our capacity. >> we act together. in this case, acting together includes acting with our nato allies god bless you all may god protect her speaking, i promise i'll come back and answer questions later. thank you. >> when trump said that, sir, what it put me what's the speaker doesn't aks or that often?

>> strong words there from president biden regarding us aid for ukraine, but also israel and taiwan. he says, we can't walk away now, that's what putin is counting on. and then he repeated three times, history is watching. history is why history is watching, saying it's a test, not just for the country, for republicans, for congress. he took particular note of president trump's former president trump's goading russia to attack nato allies in those comments over the weekend, he says, the worst thing is, he means it and he says he himself, he won't walk away from ukraine. so strong words from president, they're hoping to push house republicans now to act as the senate did not freight, he's pushing them to move this supplemental when it comes to security for ukraine in israel, i want to bring back in congresswoman beth van duyne from texas. we were interrupted before by the president. that happens sometimes. but just to revisit our conversation here

and also to jump off of something we heard the president say there he has a message for you and your house colleagues that you need to move and to pass this bill for aid for israel and for ukraine. and we were discussing how you had said that you are we the us doesn't need new laws when it comes to securing the border. but speaker johnson is actually saying that house republicans won't vote for this. ukraine and israel aid without border security provisions. >> here it's talking about what would be if passed new laws. he's talking about new laws >> so again, what we're forcing this administration to do is do its job. we're having to pass hr-2 because it's administration has flagrantly ignored the law, created its own law and so what we're having to do with hr-2 is do things like actually have the catch and release program removed, which is added by this

administration, how the parole rules of a case-by-case basis, we codified because this administration continues to defy it, makes sure that they understand that we have to have support for our local in our state law enforcement officers partner with them and look at that a lot of experience in this, i was a mayor before i was in congress. i was of irving, texas and we had a fantastic partnership with immigrations and customs enforcement, where we actually worked with them to remove criminal illegal immigrants in our communities because we saw the amount of crime that it was being paused we saw the people that they are preying upon was other people that were in our country illegally as a result of that partnership our crime rate dropped and we became the fifth safest city in the country. those partnerships work enforcing our laws, work what we have seen is the exact opposite under this administration. and you have seen people dying. let me let me let me start up and ask you about this a couple of things. first off, illegal immigrants, criminal conviction rate is 45% below that of native born americans in your state. just

to be clear, when you raise the specter of the creates so many crimes, they're convicted. i mean, when it comes to violent crimes, property crimes, homicides, sex crime once you've talked in the past about rapes, the numbers just don't support that, but let's focus on cats because it is what's your argument here? we'll focus on catch and release because i you brought up the question. i just want to make sure we're doing to sending it sounds like you're defending those those immigrants that we're beating our police officer? no it gets know what he did. i said i. did not say that >> no, i don't know may and they should not be in our country ma'am, i absolutely do not think that is ok. and anyone watching that video? i think should look at that an absolutely say that's not okay. so yeah, i think you're really misunderstanding where i'm coming from. no, that's not okay. let's talk about catch and release this is obviously huge for republicans and really for anyone who is

concerned about border security but when you look at catch and release, you have to look at what's causing it. and it's a judicial backlog right. of people who are coming and they are applying for excuse me, i let you speak who are coming up coming and looking for protection. there's not enough room for everyone so you have them being released. but the law that you said, you don't need the senate deal had it passed and become law, would have prevented that. it would have actually would not credible. it would have done what thrush. it would have up that krever. and actually it wouldn't have made it was out. 5,000 people in our country. i know that's not true. the notion, not trying >> it was coming through >> ma'am, may i please speak more? i'm joined this. if you won't let me speak, i'm going to cut the interview off. and i will let you speak and finish sentences. i would pay in, please. thank he's giving you that respect as well. thank you very much. so what i will say

is the border patrol council disagrees with you they've been very frustrated with what you are representing as 5,000 people that is actually a trigger, right? which is actually it were above it right now on the border. so it's not as you represent it. but what you would have is a credible fear threshold that would be increased such that you would actually end. it would also create positions at the border to more quickly process people. so you would yes, you would have some people granted asylum and more quickly, but you would also have people kicked out of the us in greater numbers and more quickly can i respond >> sure. >> i finished my son, brandon judd is actually a friend of mine. i recognize the fact that they are desperate right now for resources and they are willing to pass a bill that gives him additional resources. that had been najd them by this administration. and it's actually the numbers that

you're talking about, the 5,000 that that would that we have worse numbers now, under the trump administration, it was less than 1,000 they want to codify 5,000 and make that normal. do the math. that's 2 million people in nearly coming through our borders illegally every year. that is not enforcing our laws, that is not shutting down our border. that's not actually listening to asylum claims were 80 to 90% of those who make the asylum claims actually don't even if don't even fit the rules for laws for asylum. but what that is doing is allowing up to 5,000 people. and actually it's even more than that 5,000 on average a week. but it was 8,500 and a day could come before those laws were triggered, before this limits were triggered. >> that is not closing, that is not closing our borders, that is not enforcing our laws. and it's actually increasing the numbers to the catastrophic level that we have right now, the crisis level that we have right now, that's 2 million people entering our country illegally every year is what this bill would have done,

which is why it never even got out of the senate for the house to even vote on it. but the fact is, is that we are having to go to these ridiculous measures to force in to secure our borders because it absolutely does not want to do that and making the statement that there's somehow because because more people who are here legally commit crime that people who are here illegally it's almost as ridiculous as biden's suggesting that mexico is by the gaza strip. it's a ridiculous argument. people should not be here illegally. and when they are, they should be removed. instead, what we're seeing is crime increasing. we are seeing people who are being raped, people who were being murdered we are seeing it cartels in charge of our max, our, of our border at our southern border as a result, we are seeing tens of thousands of americans killed as a result, the $5,000 number may be unsatisfactory to you, but it is going to be much higher and allowed to be much higher because there is nothing to prevented. congresswoman bush. there's law,

>> no, no, there's not. there's not congresswoman. thank you for being with us. >> thank you very much >> and still ahead. special counsel jack smith now facing a supreme court deadline to respond to former president trump's request to block a lower court ruling denying him immunity from prosecution fusion. plus we've learned that house republicans have reached out to another special counsel, robert hur, after his report on president biden's handling of classified documents, will we see him testify on capitol hill that seems almost certain stay with us >> lead with jake tapper to date for we handcraft every sterns and foster using the finest materials like indulgent memory foam and ultra conforming inner springs for a beautiful mattress and indescribable comfort save up to $800 on select adjustable mattress sets at sterns and foster.com. >> can the riva support your brain health? >> very janet, hey eddy know,

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institutes or throat medicated drops uniquely formulated for rapid relief that lasts and lasts get mucinex instance i'm back season closed captioning bronchi. you by meso book.com >> we've offered a free book about missile filial ma, for over ten years call 1808724901 are going to msal book.com supreme court chief justice john roberts is giving special counsel jack smith one week to respond to donald trump's attempt to delay the >> trial in his federal election interference case last night, the former president filed an emergency request asking the high court to temporarily block a lower court decision rejecting his claims of immunity. we have seen chief legal affairs correspondent paula reid with us now. all right, paula, so how the supreme court acts obviously can have a huge influence on if and when trump's going to stand trial for criminal allegations. how do you see this playing out? >> so don't expect jack smith is going to wait very long

before filing his response. i would expect it today or tomorrow because he wants to move this to trial soon as possible. that is his goal completely opposed to trump's goal, which is to try to delay, delay, delay until after the 2024 election in the hope that he can get reelected and make all of this. and jack smith's appointment of special counsel go away. so what trump is asking the supreme court to do right now is put on hold that skating unanimous appeals court decision last week that found that he does not have presidential immunity. they can protect him from this case while he exercises all of his other potential appeal options. again, it's all a delay strategy, but smith is likely going to ask the supreme court to just weigh in, decide this once and for all, send this back down to the trial court so that we can get going. but as you said, this is just as much about timing as it is about this constitutional questions. >> and let's talk about a different special counsel, robert hur. obviously, biden's handling of classified documents and really a

bombshell report, even though he chose not to bring charges do we expect that he'll be testifying before congress? yes. we've learned that he has hired a lawyer and that lawyer is in talks with the gop to possibly have him come and appear before congress. now this is something we saw with special counsel robert mueller, the special counsel, durham. >> this is >> very much expected that he would go before them and answer questions, but a highly it's unenviable place to be in, because rob hur is really going to be pressed by both sides. you have republicans believe there is a double-standard, don't understand why there were not charges here. and then democrats and alice, the white house, who are furious with the way that he characterized president biden's cognitive ability. so this could be a highly contentious hearing i told from my sources that there's no date set, that they're looking for the end of the month that will come soon, paula. thank you so much for that. >> let's >> discuss all of this with former assistant special watergate prosecutor nick akerman. he's also the former assistant us attorney for the

southern district of new york, and former republican congressman from from illinois, joe walsh. she is the director of mission democracy and host of the white flag podcast. >> so nick, first to you, robert moeller, other special counsels, they have testified before as paula was saying, how would this be different in your view? >> well, i think it would be different because you've got both sides going after this particular special counsel. you got the republicans going after him for recommending that joe biden not be charged. and you've got the democrats going after him for having mischaracterized various aspects in speculating about part his ability to memory. to remember certain facts. so i think this is going to be a little bit different in the sense that you're going to have not only democrats going after him, but also the republicans >> and joe, it appears the gop they want to keep questions over biden's memory in the

spotlight. we should say though it is well within congresses oversight role, to ask these questions, what do you think about what they're doing here what is inbounds, what does out of bounds? >> brianna, are only guide is everything that my former colleagues, republican colleagues have done in the house since they took control of the house is political and has been protecting trump and try to exact revenge for donald trump. i mean, that's been their agenda. there's no policy agenda at all. so i would expect that to be the same motivation here. they want to get this special counsel in and they want to solely focus on what they consider to be the big political damage in this report, which is what the council said about biden's age and memory. i expect them to just go hog wild on that in an

attempt to again, run interference for trump. and in essence campaign for trump nick, i wonder, should merrick garland have issued a summary, much like we saw bob barr do with the mueller report to highlight, for instance >> the line or there was one line in her report, you'll remember that said willful retention, which was later undermined in the same report with her himself saying there was insufficient evidence of that should, he, merrick garland as attorney general, have highlighted that point and should the attorney general have piped in at all on a special counsel commenting on a witnesses mental competence or memory mean is that, is that a proper thing for the special counsel to have done >> i don't think it's a proper thing to the special counsel to done. i mean, it was a political hit job. no question in my mind about that but should merrick garland have weighed in on that? no anything he would have done would have just politically been

disastrous if he didn't issue the entire report. it would have looked at if he had started reporting on the report. just like bill barr did for trump in the russian investigation, that would have looked i think he did what he only could do, which was to issue the report and if you look at the report itself, there's so many contradictions in it that it almost defeats itself. he says he wasn't willful then he says he was willful on and it goes back and forth and there's a lot of speculation about what joe biden remembered. he faults them for not remembering things in an interview conducted with a ghost rider in 2017. and then for not remembering the same things, six or seven years later, i mean, that itself has kind of bizarre. so there's a number of just internal inconsistencies riddell throughout that report. and if i were on that committee, i'd be cross-examining mr. hur on all of those inconsistencies

and bringing those out to the public can see that he really didn't do a very good job in terms of writing up a report and the odds are the statements that he made about joe biden were really motivated by politics? joe, >> what do you think? what questions do you expect would be asked when her we expect it kinda looks like he will go before congress and in not too long. and what kind of questions would you want to ask if you were sitting there in that position to do so? >> well, i want to know because i want to know the distinctions between what trump did and what biden did and brianna, the chasm between trump and biden on this issue of classified docs is immense, right? biden cooperated fully bob tried to obstruct justice. he tried to cover up the investigation. he tried to hide the documents. if i'm the democrats, i focus on

these distinctions. look, i know we live in a fact almost a fact-free, truth free world right now. but if her gets in front of congress, it's income been upon the democrats to show the american people the differences between the way biden and trump handled these classified documents. and on that issue, her is very clear about the differences nick, the other topic we been discussing in the legal sphere, of course, is the trump election case. his, his claims of broad immunity here and now, what the supreme court does, there's something of a broad view among folks constitutional experts, et cetera. supreme court watchers and supreme court won't take this up. they'll let the dc court of appeals decision, stan, i wonder if you share if you share that sense. >> yeah. i hear that 100%. i just don't see that the supreme court has anything to add to this opinion on the

opinion, 57 pages by the dc circuit was extremely specific, well-reasoned very analytical took head-on all of the issues raised by donald trump. basically obliterated them. i think the supreme court at this point is going to sit back and say, we're not going to look at this issue until after an if donald trump is convicted in this case. now at that point, you've got to totally separate situation. you've got right now. you just have allegations that are set forth in the without evidence put forth without a jury verdict, without any kind of factual finding once there's a jury verdict and donald trump is convicted, the proof will be in the evidence will be end or the before the supreme court and at that point, it would make sense for them to revisit this issue of presidential immunity. but at this point, given the juncture of the case, given the fact that they have to also deal

with the 2024 election in light of the 14th amendment i don't think the supreme court wants anything to do with this. >> that's interesting. >> they'd >> have another crack, another bite at the apple as it were nick akerman, joe walsh, thanks so much much to both of you. this hour. new body cam video released shows texas deputies repeatedly shooting at a woman, threw an apartment window after mistaking her for an intruder. we're going to show you that footage. it's coming up a headline. or las vegas that's what i want to do. >> it's unlike anywhere else in the world. >> vegas, the story of sin city premiere sunday, february 25, day ten on cnn >> greetings happen. >> the >> best night of the week yeah. and having dance parties happen yeah. that's not good with

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catch criminals and increase prosecutions. and end excessive paperwork to move officers back to the streets. let's keep san francisco moving in the right direction. yes on prop e. is it possible to count on my internet moving in the right direction. like my customers count on me? it is with comcast business. keeping you up and running with 99.9% network reliability. and security that helps outsmart threats to your data. moaire dida twoo? your data, too. there's even round-the- clock customer support. so you can be there for your customers. hey billy, how you doin? with comcast business, reliability isn't just possible. thanks. it's happening. get started for $49.99 a month. plus, ask how to get up to a $1000 prepaid card with a qualifying internet package. don't wait, call and switch today! >> and glaad gutters for good, call a33 leaf filter, revisit lee filter.com today, i'm kaitlan polantz in washington this is cnn to houston area deputies are under investigation after they shot a house guest >> five times thinking that she

was an armed intruder, a warning that we're about to show you some just released edited body cam of the february 3 shooting. >> it >> is disturbing. you should know that the video begins as the officers respond to a neighbor's report of a break-in and approach the door. the two deputies notice a window at the home is shattered and then this is what happened

>> i can't keep track of how many shots were fired there in seconds. the house cast, we should note, survived that shooting amazingly, community activists are outraged, pointing out that a child lived in that apartment this baby's room has over 20 bullet holes in it, 20, over 20 bullet holes exact. a wider wound, 27 bullet holes we're joined now by cnn's whitney wild and cnn chief law enforcement and intelligence analyst john miller whitney. we're hearing from the woman who rents that home, whose friend was shot. i mean, can you explain how this happened and how police came there thinking it was time to open fire well, what you explained was that this wasn't an intruder, but actually what happened was they didn't have the keys to the apartment when they came home that night, so they broke >> open that window and went inside that way. here's

exactly what she said happened as she was inside as those shots were fired so that's all how to break the window. i go inside. once i want aside we were there for about 20 minutes. the next thing i know i hear loud banging on the door. i was like let's dive. was that noise? you have any grabbed her gun and ran until the door? i didn't hear anything after that. the next thing i know how many came back and she said she was shot >> so here's what happened. police got the initial call at to-15 in the morning from somebody in that apartment complex who said that there was an intruder in their apartment a deputy went there, looked around the apartment, cleared it and found out that there was no who intruder at that apartment. a second deputy arrived to assist and as those two deputies were leaving, a bystander in that apartment complex, said there's another attempted burglary or at least

attempted to intruder in this other apartment. so they appointed out to the apartment that eboni pounds, who is in police, go to that apartment, that second apartment. again, as you mentioned, they saw that there was broken glass. they saw that the screen was gone. they saw that the window blinds were up. they knock on the door and then it within just a few moments, you see what happens with this gunfire. right now, eboni bouncy is in stable condition. police administered lifesaving efforts as soon as they were able to get inside that apartment, they did find a firearm when they went inside that apartment, still many more questions to ask as you point out, this video is edited. so there are many people who are calling for the full release of the video, the full raw release at this point, the harris county district attorney's office is investigating harris county sheriff office is sheriff's counties officials are asking anybody with more information to come forward this information will be presented to a grand jury back to you >> john miller. let's talk about what police are supposed

to do in a situation like this. >> well, it's based on their perception and this is one of the tricky parts of a story like this, which is the way the law will look at this is what was the officer's perception when she opened fire? did she say i saw a gun? i said drop the gun and the gun was suddenly pointed at me instead and so i opened fire does her partner say when she opened fire, i couldn't tell whether the gunfire was coming from inside the apartment or from outside that is the kind of thing that they're going to be able to establish when they sit these two officers down and conduct those interviews and perception is going to be important. but there are obviously clear inherent questions about the shooting itself, which is the sheer number of shots going through an entire 15 round magazine, dropping that magazine, reloading and emptying another magazine. the curtain is down. it's not clear from the body camera and a body camera is not a human eye. it's a one-dimensional now view from a

different angle but from the body camera, it's hard to see that they could even see what they were shooting at with the curtain down from the angle they were firing. so these are all the questions at that investigation and as we reported earlier today, likely a grand jury will have to sort through in this case. >> is there anything john miller and training that would instruct or train a police officer to empty two clips at that pace through a window that that has a curtain over it. i mean, again, it comes down to the police's perception of the danger, but in your training, does that look consistent with any training that you're familiar with in the los angeles police department in the new york police department, i responded to and reviewed dozens of police involved shootings. and you see these phenomena, which is one of the things they call it as contagious gunfire. but something about this case, if we go back to that tape, listen to the time between drop the

gun and then opening fire. they opened fire during their instruction to drop the gun. so the question is, did the person who they saw with a gun coming to the door even have the opportunity to obey that command yeah >> and that's and that's the video >> factors here. you know, there's no there's no rule that says you have to give a warning when you're faced with a gun, but when it's feasible and you're able to do that, you know considered with your immediate safety yes. so they're going to have to go over this top to bottom and really get from these officers exactly what they thought they saw and how they justify each one of those shots, which is a lot of shots yeah. >> heck of a lot of shots. whitney wild, john miller. thank you to both of you still ahead, backlash growing in the wake of former president trump's controversial comments about nato president biden,

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