Skip to main content

tv   Anderson Cooper 360  CNN  May 23, 2024 12:00am-1:00am PDT

12:00 am
between prosecutors and defense attorneys in the classified documents case four, fbi director james comey joins us ahead, also, breaking news tonight in new york times report on a second controversy personal flag flown at the home owned by justice samuel alito, the reporter on both stories is here and nikki haley, she called trump a unhinged, but now says she will vote for him well, the republicans who voted for her do the same. >> good evening. thanks for joining us. a shouting match or up to today in a federal court in florida during the first of a series of pretrial motions in long-delayed case against the former president for mishandling classified documents. there were two pretrial hearings today, bids by the former president and a codefendant to throw the case out the classified documents case no longer has a trial date as you probably know, the judge in the case, aileen cannon has allowed a number of pretrial motions to stack up and delayed proceedings just last night, we reported on in these photos which we've not seen before, there are the co-defendant, walt nauta, trump's former valet from the white house, who
12:01 am
still works closely with him. the photo showed nauta moving boxes around moral >> for logo on june 1, 2022, just before a trump attorney was supposed to search for those boxes at mar-a-lago for classified documents, something he had to do under subpoena prosecutors say that not move the boxes as part of an alleged conspiracy to conceal classified material from federal investigators? now, the photos were part of a federal judge's opinion saying that investigators had strong evidence that the former president intended to hide classified documents. she also noted that an empty folder marked classified evening summary was discovered in this bedroom months after the fbi search that same filing from last night also included the standard operating procedure for when the fbi conducts a search. agents is they are always are in such a search, were armed, which has led trump and some of his supporters is suggests that the agency was out to kill him trump actually posted on his social media site, wow, i just came out of the biden, which on trial
12:02 am
manhattan, the ice box and was shown reports that cricket joe biden's doj in their illegal and unconstitutional rate of mar-a-lago authorized the fbi to use deadly lethal force congresswoman marjorie taylor greene's said the fbi were quote, planning to assassinate president trump. they weren't. again, the agency was following protocol and secret service was made aware of the surge in advance and trump was not there. there is still no trial date in the classified documents case. and based on today's hearing, no indication of when a date will be set. evan perez joins us from florida outside the courthouse. so what was the shouting match about what addison this was a hearing in part to hear these arguments by walt nauta and his attorney to stand woodward. >> they were arguing that walt nauta is the subject of selective and vindictive prosecution and one of the things that stan woodward, his attorney, was arguing today was
12:03 am
that he recounted an episode where he said prosecutors reset we're essentially trying to pressure him to try to get walt nauta to cooperate with this investigation. he said there was this meeting where prosecutors mentioned the fact that he had applied for a judgeship and the chances of getting that judgeship now that prompted a very sharp reply from prosecutors david harbach stood up and said that his interpretation of those events were fantasy. the judge, at one point had the hello, everybody to calm down because things had gotten so heated during this hearing. these were two hearings. anderson that took took over five hours for the judge to hear again. she didn't rule from the bench as she usually doesn't but she did seem skeptical of these efforts by the defendants. two we've tried to dismiss these charges. anderson. >> so what is the latest on when the trial might actually happen we still don't know.
12:04 am
>> i mean, every time we come down here, we show up thinking that perhaps this is the de, we're gonna hear of a new trial date that did not happen today. and look, today's hearing was an example exemplified why this case is moving so slowly, so plotting only the judge allowed an in sort of indulge the defense to go down a number of rabbit holes. there was one point where the defendants were arguing that there was a discussion to delete video, if you recall, as part of this case is just part of the obstruction charges. they said that just having a discussion about deleting surveillance video, including that surveillance video that you showed there the clips of walt nauta moving boxes that does not indicate a crime. again, the judge indulging a lot of these things over the course of five hours. again, she did not rule from the bench on any of the motions and a reminder that we have probably at least another eight motions that the
12:05 am
judge is planning to go through with hearings like this one, anderson empress. thanks very much. want to get some perspective now from former federal prosecutor elie honig, former us district court judge, shira scheindlin former trump white house communications director anthony scaramucci. he's also the author from wall street to the white house and back the scaramucci guide to unbreakable resilience. also with his karen friedman agnifilo or former and hadn't chief assistant da, who is now a criminal defense attorney, anthony amine, even for president trump, the idea that he's claiming the fbi was out to assassinate him or shoot him is bananas. >> well, it's bananas. everything was handled appropriately in standard operating procedure, but there's a little projection in that. you see if he says that about the other side, he thinks it takes a little bit of heat off of him. and the unified reich wrap then all the other things that he's doing on his side to try to galvanize as base. so that's a typical classic trump projection manipulation move. i can tell you everything is in the playbook. if you have time,
12:06 am
karen, what do you think? >> judge? i mean what are the chances? this is going to happen the trial, you mean it doesn't seem like she is poised to have a trial anytime soon. >> there's critical hearings that need to happen. today's hearings were just two of many that have to happen. and the fact that she won't even set a trial date. i don't think she has any plans or any intent tensions have seeing this case go to trial anytime soon judge. on the search warrants that you've signed off on, plenty of search warrants. i have. and it's not that hard. you look for probable cause that a crime has been committed. you look for probable cause that material or evidence of that crime will be found in that location, is presented to you by an agent. if you find it, you signed it and if you're wrong, there's still a good faith exception. it's called so there's no way that this search warrants gotta get suppressed. but that's that's the way trump's handling it. they make motions of every kind repeatedly, don't really expect to win them but they want to tie her up. that's how i look at it. if they if they make 30
12:07 am
motions, then that means 30 more reasons to delay. and of course or she should be ruling from the bench on some of these. they're just frivolous and there's no reason to hold back on them. they denied what does that mean? ruling from the bench. i mean, she should be able to just make the ruling salute. >> they present the arguments. it's probably letters are briefs, just decide there's no reason to hold off in reserve on every single motion i paid it again denied denied. exactly. right. i mean, she should know on some of these that they're frivolous, just frivolous. >> why, why would she not be ruling from the bench? i mean, is it just my answer she is insecure absolutely. she's in secure a secure judge who knows what they're doing, like judge kaplan, like judge marsha and the two judges who were able to to control trump. they know what they're doing, they're very experienced, and their confident. so they rule. we call it rule enroll we did. she doesn't rule enroll. she rules and reserves are two reserves and doesn't rule. >> and that's not the way to move a case along. let me just
12:08 am
vouch, having been ruled enrolled via your honor, judge, finland does know how to move a case quickly. i think it's important that we call out again this lie that is spreading now alarmingly quickly that there was some effort to hesitate, didn't say, but to assassinate donald trump. >> it's so ridiculous, but i think the most important way to understand it is if we see where the lie comes from. >> so in the search warrant documents and the federal search warrant, and i think we have this so we can put up on the screen, there is a standard piece of paper that basically says here, law enforcement officers of the department of justice may use deadly force only when necessary. that is, when the officer has a reasonable belief that the subject of such force is threatening eminent bodily harm or imminent death to another person. in other words, it is limiting. it says, do not use your gun. cops, fbi agents, unless it is absolutely necessary to save a life. and then that document goes on to say and here were all the circumstances. you cannot use your weapon if someone's fleeing, if someone's in a car. so this is a standard form. it correctly states law and if anything, it is narrowing to a
12:09 am
very tiny sliver. >> and elsewhere you can use your gut and it doesn't happen search warrants go down all the time without violence and it's boilerplate language and they made sure trump wouldn't be at mar-a-lago at the time they execute the search warrant, and they went in wearing shirts instead of uniforms. >> to try to keep it calm. i mean, they did the coordinated with secret service and advance a word talking about it. and the fact that we're talking about at trump is winning because he has a trigger broaden. and he says, what can i do today on truth social, that's going to trigger people to talk about this and it galvanize this is bayes. it may upset the people that want to vote for joe biden. but absolutely galvanize. this is based, is basis, i give people a euro. >> this is fixed. what about those voters who are not yet decided? i don't think this plays well to the independence that biden is trying to assassinate trump it's ridiculous, it's over the top, nobody is going to believe that whose undecided. >> but it is one of those drums
12:10 am
and you know, again, i just forget. but he needs money right now, your honor. and so what's happening to him? he's flying around the country is landing in places like texas. and he's projecting he saying all the things that he's gonna do if you, were to win, he's not going to win by the way, but he will do and the galvanizes is based and they opened up their checkbook. they start writing checks because he's way money. >> what he knows, he can't win we definitely not going to win in or maybe you gotta, we've got to snap out of the fever that he may want. >> he's not going to win. >> he doesn't. firstly, 11 of money. >> number two, he is going to have the operations that are properly in these swing states. number three, i want you to identify the people that are going to now vote for trump. maybe there's a few on the margin, but there is just not but enough to bring him to the electoral college. victory and the last thing i know the guy he's kinda implode himself as we get closer and closer. and we also know that president biden is way more together than the right-wing media suggesting or even the trump campaign is
12:11 am
reinforcing what donald trump and i think he gets his what cleaned in these two debates by president biden. so now he's not going to win, but he needs money. and that's why he's pressing the trigger buttons right now that the president was trying to assassinate him, even though i was at mar-a-lago, there was a threat to my life. >> i'm karen, just in terms of the documents case, i mean, how have you seen judges like this before? >> is it because the judge junction one was saying it's it's inexperience essentially. >> i mean, there is also the other option which is that its intention she she has made a lot of rulings that have caused a lot of people to question her fitness to sit in this particular case. i mean, she is really even from the beginning at the time of the search warrant that was that was signed, she appointed a special master, which is totally inappropriate. bring it to do. she got reversed by the 11th circuit. so it's hard to know. i've not seen a judge,
12:12 am
frankly, this ill-equipped to handle a case such as this it's really highly unusual. >> she she comes off as a rookie. it's insecurity as well as insignia experience. you have to be secure to rural promptly enter reopen the bench. you have to believe in your ruling. she doesn't have shown have the confidence to do it. she's really the wrong judge for this case, judge, if you were calling me insecure, i'd be going in for life coaching. i mean, the way you say it, very your honor, judge, didn't know. >> thank you very much, everybody. thank you. appreciate it. more. breaking news. the new york times is reporting on a second controversial flag that's become a symbol of the stop the steal movement. that flew above the home of justice samuel alito, plus the three 60 exclusive or harvey weinstein accusers speaking out for the very first time about what she says happened to her and why she says her story was silenced hi it's christina again. i'm here to tell you about an all new special offer from my friends at jacuzzi bathroom model that you don't want to miss, you already know jacuzzi has been making water-filled
12:13 am
great for more than 65 years. and now they're bringing you this special tv offer where we've been all installation costs and postponing, all payments for up to one year to cruzy bathroom model has a design you'll love at a price you can afford and best of all, they can install it. and as little as one day with no stress no matter, are you ready to see your new shower here it is it's fabulous. taking a shower had gone from being a joy to being a burden afraid i would fall. i called and just one day i had a shower. i could feel safe in no matter your situation, jacuzzi, bathroom model has a solution for you from a safer, easy entry shower with features like grab bars and accustomed seat to keep you feeling comfortable and independent at home to a stunning family bath, or how about a luxurious upgrade with a timeless design that will look great for you? years to come. plus, they're built to last with a lifetime warranty from an iconic brand. you know,
12:14 am
you can trust it was done in the same day we did not have to wait absolutely perfect that's exactly what i was dreaming of. if you haven't already experienced what jacuzzi bathroom model can do for you. your family and your home, don't wait any longer. now is the best time to call. it's never been easier. take advantage an edge of this special tb offered today call or go online right now for a limited time offer only weeks left to get waves installation and no interests and no payments for a he one year go to jacuzzi bathroom model.com or call 800 163978. >> that's 800 5163 3978, call now you will never smell better everywhere. it's like you will with looming. it's so easy to use just a pea sized amount like this, rubs in like a lotion controls odor for three days on pitts feet privates
12:15 am
anywhere you have odor, but wish you didn't. now before you say isn't that what soap and water is? i'm here to tell tell you that your shower doesn't work as well as you think it does. and lumi is clinically proven to work better than a shower with soap give lumia, try and see what happens because your body has never been so odor free as it will be with looming it's one less thing to worry about ocd is more than what you see on tv. >> and in the movies, it comes with unrelenting intrusive images, thoughts, and urges. if you have ocd and need help, you can get better. who specialized treatment. go to know cd.com to learn more, we have a garage door that doesn't lift. >> so i went on angie it took me just a handful of minutes. so vendors who were knowledgeable, they higher-quality work. they wanted us to be happy with the work done as well the beautiful ghraieb say get started today at angie.com home the place where you create those special moments we celebrate the home and the way you live in it. at three-day blinds, we help you create that special place. and
12:16 am
because we know you're busy, we bring the showroom to you at your convenience and provide a design expert to help you find the perfect solution that fits your style and budget. three-day blinds, you'll love the treatment, call or go online right now to schedule you're three in-home design consultation shore breaking news, the new york times is now reporting on a second controversial flag flown above a home owned by the family of justice samuel alito. this flag known as the appeal to heaven flag was seen at the alito home and long beach island in new jersey last summer the times reports the flag dates back to the revolutionary war and fell into obscurity until it was resurrected recently as a symbol of support for the former president by religious faction in the so-called stop the steal movement which falsely claims that biden lost the election. and this follows a separate new york times report last week about an upside-down american flag flown at the alito home in virginia xinye in 2021 justice alito said it was raised by his wife during a clash with a neighbor
12:17 am
who had cursed at her both stories come as alito and the supreme court are due to rule on cases related to the january 6 riot, including the question of presidential immunity joy and joined by jodi kantor, who reported on both storage with the times and by norm eisen former council house democrats during trump's first impeachment, joedae, can you just walk us through your reporting about this flag at the beach house? this appeal to heaven flag sure. >> so actually it's similar to the virginia story in terms of i think it's helpful to start with the neighbors. >> this is a popular beach destination. >> there are a lot of voters. the alito houses in a pretty prominent place. and last summer, neighbors and voters years going by and they're saying full pack as this flag, and they're googling it. and it turns out at something called the appeal to heaven flag, which as you say, date stamp back to the revolution, revolutionary war. but in the last decade has taken on a really freighted meaning and
12:18 am
became very associated with the stop, the steal campaign. and it popped up a lot in the crowd at the riot. now, anderson, as you know, it's just a baseline bedrock rule that judges are not supposed to have political displays. so the question becomes, what is justice samuel alito doing displaying this flag, which oh, politically sensitive, which appears to connote an opinion, although we don't know that much about the particulars of exactly who raised it and why he didn't want to answer questions but he's doing this. first of all, last summer as the obstruction case that is so key to the prosecutor you should of january 6 is arriving at the court. and now we're finding out about it just as these opinions are going to come out in a few weeks i mean, clearly somebody in the alito household
12:19 am
knows enough about flag flying. >> an american flag upside down. they would know the meaning of this flag and the, the, the sort of the current incarnation of this flag. i mean norm with justice alito now facing to flag controversies, how much of an ethics problem is this forum in more broadly for the court? >> anderson, i think the court is in an absolute ethics crisis this latest expression of a apparent opinion siding, with the far-right activists, including those who flew this flag on january 6, comes on top of, on top of undisclosed luxury vacations by justice alito, also, justice thomas justice thomas, his wife, a witness in the january 6 cases
12:20 am
and now these two flag photograph's expressing that opinion under federal law, if there's a reasonable basis to question just the question anderson, the impartiality of a job does this the log expressly mentioned justices of the supreme court, they are supposed to step aside and given the situation that we're in, it's not just the coming decisions the january 6 case was set for trial at the beginning of march. >> we know from the questioning that justice alito and justice thomas are entertaining this absurd idea that seal team six is allowed under presidential immunity to commit political assassinations were already in crisis because of the delay of that case. and the chief justice and congress must act joedae. >> what i don't understand is
12:21 am
the first flag, the upside down flag outside the alito home he said that was in response to a neighbor using a nasty word to his wife in an argument, was that argument about an anti-trump sign on the neighbor's lawn? i think we just lost her norm. there are a lot of people who viewed the supreme court from a different lens in recent years because of ethics issues like this that keep happening has the court faced anything like this before? >> justice aid for us during the 1960s, johnson administration, he was at john johnson confidant who was put on the supreme court stepped off the supreme court because he had excepted a retainer about $20,000 from an individual who had been accused of securities wrongdoing he
12:22 am
afford us was not actually accused of wrongdoing himself, but he had a sense of shame. anderson this is the fordist scandal on steroids and the combination of undisclosed substantial luxury vacation from those with interests ideological or business before the court and the spouses. alito is pointed, does spouse on that upside down flag ginni thomas, we know was a witness. and now a second expression of a political opinion constituting apparent bias we don't have to find bias. the chief judge has the power to investigate congress, has the power to investigate it, is an ethnic crisis jordi, can you hear me? i. just wanted to ask you. i'm sorry, we lost you for the problem the upside down flag at the alito home that based on your reporting, that was in response to a neighbor
12:23 am
who had put an anti-trump sign on their lawn. is that correct? and words were exchanged between them? at neighbor and alito's wife that's what justice alito tez. >> but part of what's so interesting about new flag story is that we have pictures of the slag up in july and august and september of last year? was up the whole time, but it appears to be a kind of sustained period so even after taking down this upside down flag, this other flag, then there was there already or then popped up. >> jodi kantor. appreciate the reporting. norm eisen still ahead after suspending her presidential campaign in margin, nikki haley's announced jill vote for former president trump in november 1 of my upcoming guests says, he's not surprised. i'll ask him why next your harvest smart farms, dan aba dhabi, does the technology enabled agribusiness, solving global
12:24 am
challenges we're taking proven methods of farming and decoupling the relationship of food production from climate. >> and instead marrying it to technology, energy, and capital sources given its heritage and farming great infrastructure to build a company and the ability to attract foreign talent of adobe made a ton of sense for us our aspiration is that were accompanied that this country can be proud of do you have a life insurance policy you no longer need now, you can sell your policy even a term policy for an immediate cash payment called coventry direct to learn more, we thought we had planned carefully for our retirement, but we quickly realized we needed a way to supplement our income our friends sold their policy to help pay their medical bills and that got me thinking it'd be selling our policy could help with our retirement. >> i'm skeptical so i did some research and called coventry direct. >> they explain life insurance is a valuable asset that can be sold. >> we learned we could sell all of our policy or a key part of it no future payments, who knew
12:25 am
we sold our policy. now we can relax and a enjoy our retirement as we had planned, if you have $100,000 or more we're of life insurance, you may qualify to sell your policy. >> don't cancel, or let your policy lapse without findiding out what it's worth visit coventry direct.com to find out if your policy qualifies or call 18006, 510200, coventry direct redefining insurance fashion moves fast so we partner with verizon to take our operations to the next level with a cusm private 5g networks, we get more control. >> the production efficiencies greater agility. that's enterprise intelligence. >> it's your vision. it's your verizon no application fee. >> if you apply by may 31 at university of maryland global campus, offering online and hybrid courses and lifetime career services learn about are more than 120 let me buy
12:26 am
preferred better science, better results. >> the nba playoffs, i always get emotional. you more concerned about what's going on inside the nba and what's
12:27 am
going on inside of you, you know, doc, right? and that's all the time we have. >> thanks for watching. are you cutting to a commercial western conference finals presented by at&t began tonight on tnt in her first public speech since leaving the republican presidential primary race, more than two months ago today, former south carolina governor nikki haley finally announced who she will be supporting in the election. trump has not been perfect on these policies. i've made that clear many, many times but biden has been a catastrophe so i will be voting for trump. i stand by what i said in my suspension speech trump would be smart to reach out to the millions of people who voted for me and continue to support me since leaving the race, haley, who served as trump's us ambassador to the un, has avoided endorsing him are directly telling her voters to oppose him. she didn't hold back and went after him during the primary campaign.
12:28 am
>> he is on hand. t is more diminished than then he was the reason that america keeps losing is because of donald trump in the most harm he's ever possibly had is getting hit by golf ball when he's sitting in a golf cart, chaos follows him and we can't have a country in disarray in a world on fire and go through four more years of chaos. we won't survive it. american needs a captain who will steady the ship, not capsize it. >> that's pick chaos that comes with donald trump. that's the offensiveness. it's going to happen every day between now and the general election, which is why again continuing to say donald chalk can not win a general election. >> he won't with me now, cnn senior data reporter harry engine and cnn senior political commentator, former republican congressman adam kinsey. >> i mean, congressman kinsey. i saw you tweeted after haley now she's going to vote for trump. he said, not surprising, but pathetic. i certainly get the pathetic part. why not surprising to you well, let me
12:29 am
first off say she said in the thing you played that we won't survive four more years of trump's. >> she said, we will not survive four more years of trump and just endorsed it. well, technically, she didn't endorse him. you ever credit for that she just said she was going to vote for him. it's not surprising anderson because we've seen this playbook over and over again with very few exceptions that been somebody like chris christie where people will go after donald trump, look at bill bar. >> all these terrible things that trump is going to do to the country. but when it comes down to it, party over country. and so that's what i'm not surprised about nikki haley. it's disappointing. she said in another one of those soundbites that trump needs to reach out to her voters. i'll also say biden needs to reach out to her voters. i don't know what the biden administration or the biden campaign has been doing, but they're not reaching out to those voters. >> congressman, i mean, it clearly seems she wants a future for some sort of political future or some sort of future on the lecture
12:30 am
circuit in front of republican audiences and nose if she's going to do that, she has to at this stage continue to bend the knee to trump i mean, it seems like purely a political calculus it is, it is. and that's 100% true if she wants a future in the gop on this trajectory, i happen to believe the gop will be fixed someday, but she will have to the superpower of donald trump. and frankly, the maga coal is they walk them, anybody back, right? just like any good church that says if you repent, you can come back. she will be walkman back even if there are some tweets against her for now. and that's the superpower of donald trump. and she knows that if she wants a position in the administration, maybe if she wants to continue to be seen as a republican and good standing. but as she said, in the very clip, you played four more years of donald trump will destroy this country. so she is
12:31 am
putting her career and her interests over the country. i know it sounds dramatic. i'm just so passionate about the fact that donald trump would be nothing but terrible for the united states of america she's haley's continued to do relatively well in racing this is even though she's not in the race anymore however, numbers been yeah. i think it depends on the contest. right. if you go to kentucky last night, you didn't do so. well, she got in the single digits. you go to a place like marilyn, she's getting 2020, 5% of the vote. but i like to look across the republican contest and at this point, and the average republican contest since she's gotten out of the race, she's got about 14% of the vote. that's not bad, right? 14% of folks voting for someone who's not even in the race anymore is something that obviously both campaigns, both the biden and trump campaign should be interested in going after. but here's the thing i've heard over and over again. people sort of saying, oh, nikki, haley is getting these large shares of the votes even though she's not in the race i should point out that four years ago, bernie sanders was getting about the exact same vote in
12:32 am
the democratic primaries after he dropped out of the race. so this isn't something to me that's terribly unusual. the thing that would have been unusual was if nikki haley decided not that there are support behind donald trump, then it would've been very interesting to see what happened in that 14% of voters. but at this particular point, this isn't something that that's a historical anomaly. it's something well in line with history and congressman, do you think haley gives now permission to republicans who may have been on the fence about voting for trump. i mean, the people who were voting for her and maryland yeah she does. yeah. i mean, there's gonna be a lot that's still either the third party don't vote or vote for biden, but she does because if you think of it, if you're a republican and you hold strong to your values, like i do but you're sitting around saying cash. i just can't bring myself to vote for biden, but maybe i will because trump's so bad. >> i really respect haley when she comes out and says, i'm going to vote for donald trump, despite everything she has said on the campaign trail, it does give you permission to say, oh, good, i got to tell you anderson, that's an ease that
12:33 am
would be a relief like if all the sudden i could say, for instance, i'm in i'm on the trump train now. >> i'm a good republican again, it would be a personal for relief because it takes that pressure off. so i think she gives a lot of people license to go for donald trump. this is again, the biden campaign has got to be doing a lot more to go after these kinds of folks. there are so many republicans that are ready to endorse biden that haven't heard a thing from the campaign and it's not, it's political malpractice honestly adam kinsey. thank you. harry anton as well. coming up next one-on-one with former fbi director james comey on the breaking news about the controversial flags that were floating, supreme court justice alito's homes in new jersey and virginia also has taken the form president falsely claiming present biden tried to have him assassinated during the mar-a-lago search and details of mr. combs new novel coming up riyadh, today's new album, is breaking records gets to sit what country is called be
12:34 am
country bianna, say a nashville's renaissance monday, but aid on cnn ocd is more than what you see on tv. >> and in the movies, it comes with unrelenting intrusive images, thoughts, and urges. if you have ocd and need help, you can get a better specialized treatment, but, uh, no cd.com to learn more if you were stationed working or living accomplish june between 1953 and 1987, and you or a loved one have suffered from severe illness, you may be eligible for a settlement offer as a, veteran, morgan and morgan really advocated for me number grave for the morgan and morgan would dare they helped me because these guy de what i couldn't do a mount, morgan and morgan already helping over 15,000 veterans and their families and the fight towards justice. >> for more information, call the number on your screen or visit www. dot campbell as yoon take a pea sized amount, apply it like a lotion pits under boob stifle about cracks, feet. >> this water-based cream. i'm
12:35 am
telling you it's invisible on the skin. it works like a dream. i didn't someone think of this sooner water would help us. >> it's dry spots. >> that's on disease. but scott's health plus will cure lung disease going around. so like other people have it and it's not recover bag and the newscaster field are healthy plus lawn through today from roger two, we there yet so many ways to say life ready while it happy. but 3605 by whole foods market can the riva support your brain health, very janet, hey, eddie, know, fraser, franck. >> franck, bread. how are you? >> fred fuel up to seven brain health indicators, including your memory, joined the neretva brain health challenge the university does it with a big
12:36 am
bang wonderful pistachios get cracking did you know sling has your favorite news programs for just $40 a month my favorite news for just $40 a month. >> my favorite $40 that
12:37 am
suits made and naturally promotes healthy circulation. >> call. now the nba playoffs, i always get emotional. you more concerned about what's going on inside the nba than what's going on inside a, youth. you know? okay. right. and that's all the time we have. thanks for watching. or you couldn't to a commercial western conference finals presented by at&t began tonight on tnt enter. >> we're now in a breaking news from earlier this hour, the new york times reporting a second controversial flag was flown in the home owned by a family of justice, samuel alito. as we mentioned, the appeal to heaven flag was seen at the alito is new herzi beach home last summer, according to the times the flag dates back to the revolutionary war and it's become a symbol of the stop the steal movement that falsely claims biden lost the 2020 election. this follows a separate new york times
12:38 am
reported last week about an upside down american flag at the alito home in virginia two years ago joining me is former fbi director james comey, who's the author for new fictional crime novel called westport i want to start with justice alito. there's reporting out that he flew or his family flu two different flags that are associated with january 6 over his homes at different times is that at all acceptable? >> well, no, it's deeply concerning. i don't understand enough about this second flag. i'm no expert and extremist flag waving. but they're both very concerning for someone in his position because public trust and confidence is everything in the institutions of justice, as you know marjorie taylor greene and others are now accusing federal agents of seeking to assassinate former president trump during search at mar-a-lago. they cite this document that was unsealed by judge cannon, the classified documents case. it's entitled policy statement, use of deadly
12:39 am
force. we're putting it up there do you know what this can you talk about? what this document is i'm smiling because it's so crazy if you put this in a novel, it would get rejected by your editor. >> that would not write this in one of you would say i would not. this is the standard fbi protocol that applies to every search and is simply reminds the participants in the search of what the rules are around the use of deadly force it's not specific to mar-a-lago, it's not specific to any would be in any search any search, and every search with the criminal trial in new york. where do you think this is headed i think it's highly likely to result in a conviction. >> you do. oh, yeah. >> some a small possibility i think of a hung jury. i think there's almost no possibility of acquittal again, you can't i've tried a lot of cases. you can't know a case fully unless you've tried it or been in the courtroom for every second, hung juries are rare. they're rare, but it only requires one juror to say, i'm not quite there and to hold out. so that's why i say a small possibility, but not a real
12:40 am
possibility given my experience over when i was the 80% chance of conviction, given the case they've put together. >> you think they did their job even with all the weaknesses in some there witnesses? >> yeah. i think they built a case that was not subject to cross-examination, really, it's based on documents and texts and emails in the words of the defendant and then they presented their most controversial witness, the cooperating bag man but the case i bet they even talked about whether to call him given the strength of their case before they put him on. i could see why they decided they had to put them on and look to me like the evidence crossed over, which is a term used by one. >> they might not have even needed to call michael cohen. >> and i think they probably discussed whether that they'd gotten the case in so smoothly and so many bricks to build conviction building that they might have hesitated to call them. >> do you think if the former president is found guilty, i mean, do you worry about what the response to that might be?
12:41 am
>> no. now, i think it's i continued to worry about threats against individual poll workers and counsel people and that sort of thing. >> i'm not worried about an uprising of violence on donald trump's behalf. i don't i don't think you've seen the crowds anywhere. he's gone. i think a message was sent after january 6, that your life will be ruined. if you engage in that kind of behavior and his crowd are not jihadis looking to die for the orange god. they are people who are attached to him as a cult leader in a way and entertainment figure. but they're not going to lay themselves down for him. nikki haley now says she will vote for donald trump what do you think the what if there is a another trump term, what does that mean for the department of justice, for the rule of law in this country dire threat to the department of justice's autonomy and independence and to the rule of law generally. >> and that's why i keep saying to people, i don't know what your concerns are from left or right about joe biden? but a vote for anybody but him is a vote for a threat to the rule of law that's how serious it is or isn't the institution not
12:42 am
strong enough are the pillars of the foundation of justice in this country. i mean, are they strong enough to withstand a trump term? >> i guess it depends on what you mean by withstand yeah, the institution would exist four years if he if he left after four years, would still be there, but it would be severely damaged and maybe a cultural change will have been worked. that would be very difficult to undo. >> that would be by what? by filling it with people who are doing his bidding, woo hoo or not? following the rule of law above, loyalty to the president. >> yeah, people he'll have to scrape the bottom of the barrel to staff the political positions, but there's plenty of scrapie is at the bottom of our national barrel. and so put people in position who are willing to use the power, the investigative and prosecutor power, to go after the president's enemies do after people they don't like. and that's a very dangerous place to be. >> i want to talk about your new novel. you and i spoke, i think there's about a year
12:43 am
ago, you were already writing or had written this book. it's called westport, what i liked about it is that it's i mean, it's a blend of both finance, their financial crimes, but also are a murder mystery yeah. >> you're right. i had written it the way fiction works. i didn't notice before i started doing this is you right? well ahead. i'm writing the third book. it's the same protagonist. >> yes in the book, you don't need to have read the first book in order to enjoy this one. that's right. nora carlton, it was a federal prosecutor in the first book and now she's working enough financial industry and it's a murder who done it that i think that puts nor at the center in the cross hairs that i think it'd be a pretty good summer read for people and you're the protagonists main character, nora carlton. >> how did you create her i mean, what what what was the inspiration? inspiration is my oldest daughter who's a tall federal prosecutor currently a federal prosecutor in manhattan and i put in other elements of my four daughters so i can if they don't like it, i can say if that's your sister, but i can close my eyes and picture my oldest girl. when i write
12:44 am
nora, and that makes it easy and a labor of love. >> and is there already a third in the works? >> yeah, the third is out for loving but brutal feedback from my family right now. so it'll be out this time next year jim's coming. >> thank you so much. great to be with you as always. >> okay. if next to three, 60 exclusively, you'll hear from a woman who says movie mogul harvey weinstein assaulted her nearly a decade ago as part of an investigation into that alleged assault shoe or one buyer and got one seen on tape, giving an apparent admission to groping her. but prosecutors never brought charges. now, she's sharing details about the parallels she sees to the trump hush money trial saint. she was also targeted by a catch and kill operations in the national enquirer you want to close out should i normally, i'd hold but taking the gains as smart here feel more competent. >> what's dog ratings from jpmorgan analysts in the chase app, when you've got a decision to make, the answer is jpmorgan
12:45 am
wealth management how does climb inspector get among the most big verdicts and settlements of any law firm in the country. >> three because climate spectrum is an award winning team with five dr. lawyers. the most of any firm in the united states and that's why the new york times calls climb inspector a powerhouse law firm so if a defective product motor vehicle accident, or medical malpractice caused a catastrophic injury. call klein inspector what i look for in a contractor is someone who is reliable and skillful. >> that's where andy comes in with top rated certified pros and over 500 categories. sandi can connect you with the right pro for any home projects fine. top rated certified pros in your area at angie.com? >> while i'm a paid actor. and this isn't a real company. there's no way to fail thank how upwork can help your business. upwork has half the cost of our old recruiter and they have topped your talent and everything from pr to project management, because this is how we work now
12:46 am
university of maryland global campus, getting a bachelor's degree doesn't have to mean starting from scratch here, you can earn up to 90 undergraduate credits for relevant experience what will your neck success speaks? >> i've got good news is a murder. walking stick i'm sorry, what? >> she watches a lot of true crime. >> welcome to the family there's so much new stuff happening out there. >> just can't keep up by less too far to swim it's just amazing traumas out, not let you down during the best of british tv. >> one on britt box. >> what three, the free trial at britt box.com? what is circle circle subfield to take flight circle isn't energy that gets you to the next level circle is which hold for life tosses limited way available at
12:47 am
walmart and drinks circle.com, hot spring moving sale has been extended, save up to 25% on moving in storage until june 10 and cbi pods, it's been trusted with over six million moves, don't wait, use promo code 25 and they're all coming? those who are still with us, yes. grandpa! what's this? your wings. light 'em up!
12:48 am
gentlemen, it's a beautiful... ...day to fly. free or only 24, 95 each closed captioning brought to you by guilt visit guilt.com today for up to 70% off designer brands, it has the designers that get your heart racing had inside a prices new every day, hurry. there'll be gone in a flash designer sales at up to 70% art shop guilt welcome today now three, 60 exclusive a harvey weinstein accuser is speaking out as the former hollywood producer waits retrial in new york and a sex crimes case after his conviction was recently overturned by an appeals court. >> the court said the trial judge wrongly admitted some testimony and incorrectly allowed prosecutors to question weinstein about verbal abuse another woman you're about to hear from tonight had nothing to do with the case. prosecutors never brought charges based on her accusations. she says weinstein assaulted her nearly a decade
12:49 am
ago. she also said she was silenced by a catch and kill effort by the national enquirer. just like the testimony the former president's hush money trial. now, she's talking exclusively with cnn's elizabeth meister almost like a gut punch why is that happening? ambra battilana gutierrez stunned after a new york appeals court overturned the sex crimes conviction against disgraced movie mogul, harvey weinstein. the italian model, giving cnn wide wide-ranging interview and new details on previous efforts to keep her silent after she worked with the nypd on a sting operation in 2015, wore a wire and caught this on tape touch my brings you just come on. i used to today? >> but i'm not used to that despite an apparent admission of groping her new york prosecutors never move forward
12:50 am
with the case. a decision that raise questions which we'll get to adding to her suspicions, someone was leaking her allegations to the press, leading to tabloid headlines like grope gal asked for movie part and secret life of harvey shy accuser. i was 22 years old and i was put under accusation of not being truthful and to be a prostitute or not a perfect victim because i am a model battilana gutierrez believed then, and now the weinstein machine was behind it all because it wasn't just him. >> i know there is more people behind him that have positions of power that he was using as well. >> but who bought to lana gutierrez believes part of the answer can be found here at former president donald trump's hush money trial. that's where former national enquirer boss, david pecker testified to paying off sources
12:51 am
to protect trump's reputation by preventing the negative stories from ever going public while weinstein's name didn't come up on the stand. >> this tabloid news organization became a protection racket for the rich and powerful lachlan cartwright, a former editor for the enquirer, who now writes for the hollywood reporter, claims the enquirer protected weinstein two cartwright claims. he was instructed by an editor who worked under pecker to buy battilana gutierrez's story later learning it was to keep it from being told in to protect weinstein, who had a business relationship with the enquirer's parent company, initially, ambra battilana was offered $20,000 by the national one quire. >> they were trying to say like, how much you want and i kept answering. nothing. i wanted to tell my story, but i wanted to trust someone. >> cartwright says he was told to raise the stakes to $150,000
12:52 am
for a story that the tabloid could have had for free, battilana gutierrez's go between texted back. she says no, don't ask. again, cartwright alleges he later learned that a top lawyer for the acquiror spoke to the manhattan da's office in an attempt to disparage battilana gutierrez's credibility and telling them that ambra battilana was trying to sell her story. it was the complete opposite of what was actually going on because we were inducing ambra battilana. she wasn't trying to sell her story. i felt sick to my stomach i'll make the decision not to prosecute came from previous de psi vans no longer in office. he told cnn, i have no information that i recall presently that the national enquirer or anyone representing it spoke with our office about selling a story to the enquirer. weinstein told cnn through a spokesperson the da's office knew all the facts and passed on this case had they felt they could pursue it, they would have neither pecker
12:53 am
nor the enquirer's new parent company responded to requests for comment. battilana gutierrez says she also turned down hush money from weinstein's lawyers. >> they went up to 300 700 mammalian and i still turned down every time. >> and then gutierrez as her brother back in italy, was approached by someone asking about her. >> i got so scared. i remember that i called my lawyer right away and i just said like whatever they say just do it, just do it. >> she finally gave in and signed a non-disclosure agreement receiving money and agreeing not to talk weinstein told cnn of the nda ms gutierrez lawyers controlled those meetings and set the terms for it, adding his legal team later, raise reasonable doubts about various aspects of her story during cross-examination and his los angeles sex crimes trial, he never faced charges and
12:54 am
battilana gutierrez's case, but she did tell her story to a jury in 2022 as a supporting witness in los angeles, where weinstein was convicted on three of seven charges in sentenced to 16 years in prison. and at the end of the file, i spoke to one of the jurors and i remember he said to me, if ambra was tied to charges, i would have felt that harvey weinstein was guilty 100 percent. i see you getting emotional and if you want to take a moment, so i know knowing that if maybe i could have just find the right person to release those recordings, you know i wouldn't lose everything. i lost and many many people would have not been in the position that they are in right now because could have just finished everything in 2015 elizabeth wagmeister joins us now. >> the current manhattan da has vowed to re-try. weinstein will ambra gutierrez be involved in
12:55 am
that trial? >> it's a great question, anderson and no, she won't. ambra told me that she is thrilled that they will retry this case, but ambra testified in los angeles as a supporting witness, and these are the exact type of witnesses that are at the crux of why this conviction was overturned. the knee york court of appeals says that there was too much evidence to many women who testified because their testimony did not directly tie into these charges. so ambra is actually part of a network of accusers and survivors of sexual assault who are working towards changing these laws because they feel it is important for a jury to hear a pattern of alleged behavior. now, by the way, anderson, i do want to let you know that ambra is still under that non-disclosure agreement, but she broke that million dollar nda to speak to us in this interview, elizabeth, thanks so much. >> next it's been nearly two years since 19 children and two teachers were murdered in the
12:56 am
uvalde school shooting. now the families, the victims have reached a settlement with the city over the shooting response details ahead ocd is more than what you see on tv and in the movies, it comes with unrelenting intrusive images, thoughts, and urges. if you have ocd and need help you can get better. who specialized treatment got to know cd.com to learn more you're calling some people find there's at an early age, others later in life no matter when you find it, consider yourself lucky because it becomes your everything are calling was to build trucks. >> and that's why bucks or what we do we put our everything and every truck so that when you find your calling nothing can stop you from answering home. where routine meets remarkable with unexpected moments of
12:57 am
inspiration around every corner and through every window my mornings in the sun with porto's to new world and find dining with a view your window treatments, vas inspiring is your home and the remarkable routine of your daily life three day blinds take a pea, sized amount, apply it like a lotion pits under boob pfeifle, about cracks, feet, this water-based cream. >> i'm telling you it's invisible on the skin. it works like a dream. why didn't someone think of this sooner? >> fashion moves fast. >> so we partner with verizon to take our operations to the next level with a custom private 5g networks, we get more control of production, efficiencies and greater agility. >> that's and to enterprise intelligence. it's your vision, it's your variety. hi, it's christina again. i'm here to tell you about an all new special offer from my friends at jacuzzi bathroom model that
12:58 am
you don't want to miss, you already know jacuzzi has been making water-filled great for more than 65 years. and now they're bringing you this special tv offer. we're waiting all installation costs and postponing all payments for up to one year to cruzy bathroom model has a design you'll love at a price you can afford and best of all, they can install it. and as little as one day with no stress and know meds, are you ready to see your new shower here it is it's fabulous. taking a shower had gone from being a joy to being a burden. i was afraid i would fall. i called and just one day i had a shower. i could feel safe in no matter your situation, jacuzzi bathroom model has a solution for you from a safer, easy entry shower with features like grab bars and a custom seat to keep you feeling comfortable and independent at home to a stunning family bath or how about a luxury? yes upgrade with a timeless design that will look great for years to
12:59 am
come. plus, they're built to last with a lifetime warranty from an iconic brand. you know, you can trust it was done in the same day we did not have to wait absolutely perfect. >> it's exactly what i was dreaming of. >> if you haven't already experienced what jacuzzi bathroom model can do for you, your family, and your home, don't wait any longer. now is the best time to call. it's never been easier dear, take advantage of this special be offered today call or go online right now for a limited time offer only weeks left to get waived installation and no interests and no payments for up to one year, go to jail the cruzy bathroom model.com, or call 800 163978 that's 805, 163978 call now as we approach the two-year anniversary of the evolving mass shooting this friday, 19 families the victims
1:00 am
announced today that they've reached a $2 million settlement with the city. the families also say they're suing 92 officers and the school district over the failed shooting response now this comes just a day after the new uvalde school district police chief submitted his resignation. the man who held that position during the massacre was fired months after the shooting as you may know, 19 children and two teachers were killed and you've all these robb elementary school after the shooter barricaded himself in a classroom? it took 77 minutes for officers to breach that classroom door and kill the government. >> the news continues right here on cnn outfront next trump, tonight's spreading a lie that the fbi tried to kill him, even though it's been widely be debunked. >> this is a hearing on trump's classified documents case devolved into a shouting match tonight plus breaking news. >> justice samuel alito under fire for a second, flag outside his home this one carried by rioters on january 6. >> will he use the mrs. alito? d