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trump's fate is in the hands of the sorry, those 12 men and women are now deliberating and could render a verdict in the criminal hush money trial at any moment, we're following developments as they happen. >> and israel now says its war against hamas could last seven more months. a bleak scenario is the white house insists a strike that killed dozens of palestinians in rafah, including women and children did not cross the president's so-called red line. >> plus president biden heading to the battleground, state of pennsylvania, were in just minutes. he set to launch a new effort to win over black voters. a new strategy unveiled as polls show eroding support. we're following these major developing stories and many more, all coming in right here. piano a news central the jury now has the case. >> i'm briana keeler alongside

boris sanchez here in washington. and right now the 12 jurors in former president trump's historic criminal while hush money trial seven men and five women are behind closed doors weighing whether trump is guilty they will decide for the first time whether a former us president and presumptive major party now how many will be convicted of a crime? >> yeah, the jury is going to determine whether donald trump is guilty of 34 felony charges of falsifying business records related to that hush money payment to adult film actress stormy daniel's right before the 2016 election jurors have been deliberating now for about a half an hour or so. let's get to cnn, chief legal affairs correspondent, paula reid, who's outside the courthouse in new york, and paul, the judge, issued instructions to the jury. none of the parties in the case can leave the courthouse while the jury deliberates so what should we be watching for avars were looking for any sign of life from this jury. >> it is a widely expected that they'll likely have some questions about the case before

they reach a decision. this is an unprecedented case, incredibly complex and we have a laptop with a lot of the evidence, but not everything that they heard. so highly possible. we'll hear from them, maybe even a few times today as they come back and ask for clarification now the judge has provided them with a roadmap for how to approach this historic task that they are about to undertake. the most important thing that the judge explained to them this morning is the burden of proof. he told them that, quote, it is not sufficient to prove that the defendant is probably guilty. the people, so the government, the prosecution, must prove beyond a reasonable doubt every element of the crime, including that the defendant is the person who committed that crime. the burden of proof is never on the defendant and the judge reminded them that even though trump opted not to take the stand, that should not be held against him, it's his responsibility to establish that he is a not guilty. but when it comes to folks who did take the stand, the judge gave

another really important instruction and he told the jury that if any witness has intentionally testified falsely to any fact, they can actually disregard that witnesses testimony either entirely or just the portion that they found to be false. and this is incredibly significant because of course, the defense attorneys have argued that michael cohen lied to the jury on the stand we know michael cohen such an essential part of this case. so if you have some jurors who believed that yes, he did lie on the stand and they believe all of his testimony should be discarded. and you have some jurors who believed that only a portion or none of it should be discarded that is something that could really the complicate these deliberations. so at this point, nobody knows how this is going to turn out in the end, or the big question now, how long it will take them to come back to the courtroom? >> alright, paula reid. thank you so much for that. we're of course waiting and watching kara scannell is with us now, you are inside qarrah for these

last moments. tell us what that was like? >> right now. this is the moment of truth that decision time for the jury and the judge brought them in very quickly, got down to business, had spent the time reading through the instruction on the law, and that is what the prosecution must prove in order for the jury to find trump guilty of these 34 counts. and he went through them in great detail. i'm sure you guys have been discussing that all day, but, you know i'm actually trump if he's found guilty of falsifying business records, they have to prove that he falsified them with the purpose to commit or conceal another crime. and that was subverting the election through lawful means. and what the judge explain to the jury is that they have to be unanimous about all of that. what they don't need to be unanimous about is what the unlawful mean is. and that could be federal elections two law violations such as contra campaign contributions that exceed the limits also, the potential falsification of business it's records relating to michael cohen. thank records

or tax violations and after the judge had gone through that, he then before you excuse the jury, he said he wanted two of them to volunteer her to learn how to use the laptop because on the laptop that would go back into the jury room would be all of the evidence that they could need while they're deliberating. so they could pull this up to the juror, stayed behind we're shown by a paralegal for the da's office with both prosecutor susan hoffinger and trump's lawyer, todd blanche, standing around them as they were quickly shown how to use the laptop, then they went back et for deliberations to get underway. then the judge address the alternatives. there have been six alternates listening to the testimony. the judge said to one of them, a single mountains that i've seen, you've been taking notes, you've got there are several notebooks during this trial. you thank them for their diligence, but he said he wasn't going to excuse them just yet because they could be needed if there is an issue with the jury during the course, the deliberations, which we don't know how long that will be. >> so those those alternate jurors also left the courtroom, though they're not part of deliberations, right now. >> it's just those 12 the seven men and five women who

are who are now deliberating this case. and the judge also told trump's lawyers and the prosecutor's that they could not leave the building because if there was a note, if the jury had a question on the law or if they wanted any testimony read back, he would want to deal with that quickly. say we'd need to come back and quickly. so all the parties or here on-site, there will not the great delay if there is a note or when there is a verdict in this case. so, judge, looking to kind of keep this all very contained here in the courthouse so that this can move forward. i mean, it was interesting when donald trump was about to leave the courtroom, the only member of his family who's there today is don junior and don junior is in the first row behind trump they were talking before they ultimately left the courtroom minutes trump was walking down the center aisle. he led a big exhale as he was walking through the aisle there perhaps reflecting some of the weight of this moment. now that this is completely out of his control control of his attorneys. it's down to these 12 new yorkers, briana and i know the jury has played it

pretty close to the vest as far as any responses to things go, carroll for a but what were they like as they were getting the instructions i think we're having a problem with qarrah is connection there we're going to try to re-establish that boris we're joined now by cnn legal analyst and former federal prosecutor, elie honig. elie, great to see you as always, appreciate getting your perspective on this very important day. you've tried a lot of cases hour-and-a-half in what's it like in the room with jury deliberations going on? >> it's tense, it's nerve wracking because you don't know anything. here's what's happening now. the judge has given the jury they're final instructions took about an hour. this morning. and now, what's happening is these 12 people are alone in a room. there's no court reporter, there is no judge. there's nobody else. the altar let's have been split off in case of emergency. now, juror number one is the foreperson in a lot of courts. the first thing majority does is elected for person. but in new york state court automatically is juror

number one. there's no magic powers associated with the foreperson. that's who will communicate with the judge and usually that's who will lead the deliberations. now, crucial point they have to be unanimous to reach a verdict guilty has to be 12 zero not guilty has to be 12 zero. anything other than that level 166, that is not a verdict. now, they're working off the indictment, which we know charges falsifying business records in the first degree. now there's 34 different counts of this and i want to make this point because it's really important. the jury is going to return not a verdict, but 34 verdicts. they are going to have to consider each count 11 invoices, 12 vouchers 11 checks separately, and it's possible we see a split verdict. it's possible they find guilty on 20 not guilty on the remaining 14. one possibility that i just want to flag it is possible if the jury wants to split it, nine of the checks are signed directly by donald trump himself. so if they do end up splitting it it could be that they split long that those nine counts perhaps guilty the rest not guilty.

now, what's going to happen for the rest of today could happen during your show. we are going to get notes. now it's possible we don't don't hear a thing between now and the end of the day. it's possible you get five notes between now and when the show goes off the air, 4:00. and those notes are going to break down into a couple of things. one, they may ask for more info on the legal instructions the judge took an hour, but he didn't give them the actual written form, which happens in a lot of quartz here. maybe they took notes but they can say judge, can you give us the definition of reasonable doubt? again, can you give us clarity? yeah. yeah. clarity. and we're going to all be furiously trying to understand what they mean, right? tv breeding and it's fine now, they may ask for specific testimony. they may say we want to hear the part where michael cohen talks about the august 2015 meeting. but this is really important. the evidence, and this is unusual. they have it. that's the laptop. so the judge they get they put it on a laptop. the jury has the ability, so the jury, if they want to see the checks if they want to see the handwritten notes, we're not going to know that because they haven't on the laptop back

there in the jury room. now miscellaneous, i've seen crazy journey. i've seen jared note saying, hey, it's too hot in here, it's too cold in here. we want all turkey sandwiches for lunch, no roast beef but onenote that we might get at some point probably wouldn't happen today is we are stuck. what did we do? we can't reach unanimity you never want to see that as a prosecutor. but that's how you find out. and ultimately eventually probably they will return a note just saying we have verdict, it won't say what the verdict is when it says we have a verdict, then we go into the whole courtroom drama. everyone goes back into the courtroom and if jury reads the verdict and history is made are historic case to the question of the jury potentially being stuck. yeah. >> and what you just drew when it comes to the actual actually, i believe it's this one potential charges we've got reporting earlier in the day that the defense team trump's team, was concerned about a potential allen charge, which would potentially come back from judge merchan if the jury tells him, hey, we're stuck. they're concerned that

that allen charge may lead to some of the holdouts that don't want to convict donald trump the compromise. and then that would create a scenario in which they would split charges. how realistic is that? >> oh, alan charges absolutely happy if we get a note saying we're stuck in a certain point, the judge doesn't just say okay, that's it. everyone go home right. then the judge brings out the heavy artillery and says, okay, folks, it is your job if humanly possible to work together to reach unanimity, it's your duty if you can get there and if you don't do it by the way, jury, we're just going to have to do this all again with the next year. it works not always, but a lot of times it can break a deadlock. and boris, i just want to anticipate a question that's on the mind. probably have a lot of viewers when next question i mean, it's obvious when we don't know, but i'll just tell you my personal experience. i've seen juries come back in one hour. we're already past that mark. i've seen jersey. i hate to say this. i've seen a jury take eight full days of deliberation, so we don't know they're not told how long they're expected. this is the sort of black box of our criminal justice process. we don't know what happens in

that room, will get little hints here and there and then we will probably see a result at some point. >> will they go through the weekend they will not work on on saturday or sunday, but he could well be they get to the end of the day friday, they don't have a verdict and they come back monday. >> could well be but unless it was an extraordinary circumstance, i don't think they would want to and i don't think the judge would bring them in saturday, sunday elie honig, appreciate the insight that much can say. yeah, briana joining us now, we have jury consultant and attorney allen tuerkheimer. so alan set the scene for us a little bit. how does a jury begin deliberations in a case like this? how do they just really kind of get started? into the meat of this as you can imagine, they are incredibly eager to finally talk about this case. >> it's been six weeks, 22 witnesses openings, closings, everything in between, and they're not able to talk about the case on breaks. they know each other. they probably know what each other, what the other fellow jurors do for a living about their kids, their family, but nothing about the case. so

what typically happens when one juror start to deliberate and like ellie said, we do not know its the jury's fiefdom and nobody's in there. we can't know for sure. but what i've typically seen in mock jury deliberations and talking to jurors after vertex. once they get in, they just on unburden themselves. they just start talking about the case. they talk about what they liked this witness was persuasive. oh, did you see what what the defense lawyer was talking about during his closing or any aspect that struck that or some might just come in and say, well, i really think he's guilty or why really big he's not guilty. and then after some semblance of this, this cathartic process happens, then usually there's an initial poll taken just so jurors get a lay of the land and they have a bit of a roadmap in terms of what they're going to do. and at this point, liters emerge personalities play a prominent role in how the jurors proceed through the verdict form, but it's so fast. it's an aiding and it's exciting. and hopefully after the verdict will get to hear from the

jurors to hear how it went down. but that's typically how jurors receive a case and there's no doubt they want to get it right and they're ready to deliberate. >> that's so interesting that they kind of just du, download because as you said, they haven't been able to talk about this of the jury instructions. did anything handout to you, was there anything in them that you think really may have impacted the jury or not really hoola, was that part about michael cohen where you can't just i think it said something along the lines of convicting based on his testimony alone, that was a little strange, but nothing really stood out. >> it seemed pretty typical of these new york pattern instructions versus is not a typical case, but that's what judges do. they spend time reading the law. jurors listen to it and in this case it's somewhat unusual. it's not that uncommon, but jurors, that's it. they don't they don't have the law with them so if you think go about it, the law is pretty complex and for at least ten of the jurors, minus a to lawyers it's ambiguous. it's new information so

they're going to probably spend some time seeking clarification whether or not they asked it to lawyers for clarification, or they actually sent a note to the judge. >> let me let me ask you about that because as you said, they don't the law with them, they do have the two lawyers with them. and that's really interesting that you said they might lean on the expertise of the lawyers instead of if they didn't have the lawyers, they might be sending a question jen to the judge, talk a little bit more about the dynamics of having these two attorneys on the jury and whether that could be really influential there are certainly examples of where lawyers get on juries and they just let it play out. >> they don't want the role to be magnified and maybe they just take a backseat. but i think generally for the most part, lawyers will tend to there'll be the authority and the jury, whether or not they insert themselves during the discussion. if jurors have a question about the law, well, who they're going to ask, they're going to ask the lawyers that are sitting right

there on the jury, and will defer to them on questions of the law and maybe even some of the other aspects of the case that they're deliberating on. now, what's really interesting is our tool hairs on the case, on the jury. so with one lawyer while you can say all right, that lawyer might have an outsized role, but with two of them, what if they disagree or one of them thinks guilty or not guilty at some point that it'll it'll be really interesting to see and certainly no question you want every single juror on your side. but if you're prosecution or the defense, you really want these two lawyers on your side during the deliberation yeah. >> no doubt. >> you make me want to be in that room. >> i want to be a fly on the wall. alan tuerkheimer. thank you so much. we appreciate your insights. >> thanks, briana so it hadn't this hour on cnn news central, according to a new cnn analysis, israel used american made weapons in its deadly strike on a camp and rafah that killed dozens of palestinians, including women and children friend, the discovery may just hours after the white house said the attack did not cross

president biden's red line. >> will this change things? >> and were with the president as he hits the campaign trail today, and he has one goal in mind, and that is to win back black voters. and we just got some breaking news. >> a louisville judge just dropped all charges. again since pro golfer scottie scheffler, as previously unreleased video of him in the back of a patrol car is leaked on social media. >> we have more on that and other stories ahead. >> this hour on cnn news central one of the most active tornado seasons and control of tornado what kinds of interventions can we design go inside the store premiere of violent earth with me i'm schreiber sunday at nine on cnn with moderate to severe plaque psoriasis, my skin was no longer mine. >> my active psoriatic arthritis joint symptoms held me back. >> don't let symptoms define you emerge as you with trump via most people saw 90% clear

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president biden is in philadelphia looking to persuade african american voters, and he's making a rare joint appearance with the vice president kamala harris. yeah, that's right. and this is really it's the beginning of a nationwide effort to appeal to this key voting block as recent polls indicate democrats have lost some support. i mean, they're very alarmed about this, particularly from black men. >> we have senior white house reporter kevin lipped tack in philadelphia following this kevin, these poll numbers are a flashing red light. >> what is biden doing about it i think if you were to boil down the strategy here, it's true trying to meet black voters where they are really the underlying strategy that the president will lay out today and announced today is trying to use these trusted network because these trusted voices to reach black voters, whether it's in barbershops, whether it's in churches, whether it's on block parties to really try and make his case. >> and i think there are two key facts that the biden campaign looking at one, black

voters were absolutely essential to his victory in 2020, particularly in a place like pennsylvania, in a place like philadelphia where black voters i can really close the margin and put the state over the top. the other fact that they're looking at is that there is no guarantee that black voters will go for biden this time around and certainly polls have shown a softening of support, particularly among black men think that's the reason that you're hearing the campaign said, say today that they are not taking any voters for granted, and that they will speak directly to the those communities. no, i was just speaking king with to people they've co-founded the collective pac, which is part of this organizing effort. and i asked them, what are the challenges in reaching black voters specifically? hey, listen to what they said they're found his are similar to many other communities and as making sure that you can read everyone where they are knocking on doors van ourselves

to be the fourth with a message that resonate or that community. >> so we know that black modes are not a monolithic community. saturday sickening information about what the biden harris numbers it has done as important joe biden is not the only candidate here is trying to make inroads with black voters. >> you former president trump, also try and take advantage of some of this dissatisfaction. we saw him at a rally in the bronx last week appearing with some rap artists of biden advisers are called that today at genki rap concert and so certainly i think they are very aware of the challenges ahead, but very eager to speak to these voters directly, guys genki concert, those are fighting words. >> yeah, kevin lived from philadelphia. thank you so much. we want to break down the numbers now with cnn senior data reporter harry enten. harry, this softening in the polling show us why the biden campaign is worried why are

they worried? i mean, take a look at the numbers now and compare it to where we were four years ago at this particular point among black voters. and we see a clear decline in support at this point, joe biden just getting 70% of the black vote four years ago at this point, he was at 81%. look at that doubling of support for donald trump from 10% up to 21%. boris briana, if that helped through the election, would be the best performance for republican presidential candidate among black voters in 64 years since richard nixon back in 1,900 now, if you want to break down the black electorate and figure out where exactly is the the client think support for joe biden coming from. take a look at this age breakdown. look here. if you'll look at those black voters age 50 and over, there's still overwhelmingly supporting joe biden. look at that at 5% to 8%, but look at black voters under the age of 50, donald trump in a recent average of pulses getting, get this 20 7% support from them.

joe biden at just 64%. so you know, we were talking about your heard that interview. can't treat black voters as a monolith this hbr age breakdown shows it, it shows that younger black voters are far less supportive of the president than older black voters are yeah, that is huge, that number there. what kind of impact are we talking about? what kind of impact did this have on the election? harry? >> yes. obviously those are national pulse, but let's say that we funneled this down to the state level, right? this declining level of support among black voters for joe biden, what type of damage would that do to him and the electron? college well, if you just took that into account and you didn't shift any other voters take a look. you're in 2020 based upon the current apportionment, joe biden win 303 electoral votes for donald trump's 235, but take into account that shift among black voters. now, with just this shift among black voters, donald trump wins in the electoral college 291 electoral votes to 247. why is that? take

a look at the states that shift. you would see that the states that shift are arizona, georgia pennsylvania, where kevin is right now, and wisconsin, that alone would do it and that is why black voters are so pivotal so to joe biden's chances to win reelection harrington alarms going off on the democratic side, a big opening for republicans that is an alarm right there it's a huge alarm. it's spiraling, it's ambulance, it's police sirens, it's any alarm you can think of that should be what's going off on the democratic side? these numbers, to be honest, could be deadly to joe biden's campaign. >> harry ends and thanks so much for bringing it down. appreciate it. >> next on cnn news central for the first time in american history, jurors are debating whether to convict or acquit a former president coming up. we're going to talk to one of donald trump's former attorneys about the deliberations russia, we're trying to spiral on us.

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coventry direct redefining insurance closed captioning is brought to you by sokoloff law mesothelial ma victims call now $30 billion in trust money has been set aside. >> you may be entitled to a portion of that money. all when 8085920400. that's when 8085920400 justin were told that trump allies and advisers believe everyone minute jurors stay behind closed doors, hashing out this case. >> that it's better for the former president earlier today though, trump didn't sound so confident listening to the charges from the judges as you know, very conflicted and corrupt because of the conviction. very, very correct. mother teresa could not be discharged let's discuss the

case with one of trump's former attorney, david shown represented the former president during his second impeachment trial david, i wonder what you think about what we're hearing from allies and advisers that the more time and of course course, you know, there's some preliminary stuff the jury has to work through, obviously, but if this does drag on that, it is better for trump. >> do you agree with that i think that's possible if it really drinks on, but we're certainly not there yet. >> i think that at a minimum what would take the jury if they are out a long time? i think that without coming up with any result or prediction about any results, i think the idea of finding what the target crime might be could take a long time, which is what i think is a fundamental deficiency in the indictment yeah, that is something obviously that's part of the work they have to do here and you have issues with that. >> where do you think this case is as the jury is beginning these deliberations? >> you know, again, we don't

have a crystal ball, but i personally think the jury is made up their mind sometime ago, one way or the other on this case, i do think though the jury instructions are complicated and that's going to take some time. i'm sure they want to do their job properly, especially you've got to lawyers on they're going to certainly take it serious basically in guide the others, perhaps. or they may want to stay out of the picture, but i think that i personally think that the jurors have made up their minds do you see that based on that's often where a jury is or do you see that? >> based on this particular case and the way it was presented based on this particular case, and the way it was presented. i think first of all, it was relatively long for this kind of a charge, although this kind of judge exactly is really unprecedented, but i mean, with the underlying facts here, it was a relatively long case or the jury heard it. i think and emotional case like this with sort of sexy evidence and that sort of thing. jurors

make up their mind often on a gut level, i think they either think they don't like donald trump and therefore, he's guilty with whatever he's charged with, or they want to parse through things, or they think there's no crime that's been charged here that's that's my view, at least what you've been around trump. certainly when congress was considering his feet in that particular case, the second impeachment what's it like for him, for his lawyers as well as there waiting for the jury to deliberate yeah. >> i look, i think he's certainly angry about being in this position the first place on the other hand, he's pumped up by the crowds that have come out to see him. i think that he accurately recognizes that every time one of these cases is brought, and we he goes up in the polls. i think here's a significant part of the public that feels these are politically motivated prosecutions. so that part of it is upbeat, but of course he doesn't like to be in this position. i don't know how he felt. i didn't talk to him

last day or two. i don't know how he felt about how the lawyers did i'm not a fan of the performance that i saw on the closing but that's a matter of opinion. i'm i'm sure. >> why not why didn't you like it well, i think that first of all, i thought it was a bit rambling. >> i don't think the kind of time either side took should have been necessary to do a hard hitting close. i think that if michael cohen is the centerpiece of your clothes, you i mean not with thank you. and mumbling a little bit and all that, you come in with a compendium of michael, michael cohen's prior inconsistent statements and one forum after another, if that's gonna be your centerpiece, i think this case though can be one in closing on the less sexy issues. that is the nature of the crimes charged had some, evidence you can pull from why they might be reasonably called legal expenses, why you don't even get to the misdemeanor, you have a pull-down menu, things that might resonate with them. but i would have done it i think in a shorter timeframe. i don't like the idea of ten

point checklist does if on the other side, i'm just going to go right through it and check them off. and as clever as it's said. towns, i personally this is just my gut, my reaction. i don't like this idea of gloat greatest liar of all time. cohen is a liar. he lied on many occasions, but it doesn't, it's not hard to come up with a more offensive liar like goebbels, as i've said before, someone like that. and the other side of it is the prosecution should affectively made hey, kim trump's liar, if that's the way you're going to go with the thing. so i don't like these sort of catchphrases that they're easy comebacks for. >> yeah, maybe on the campaign trail, we'll have to see how it works in the courtroom david great to have you, david, sean. thank you so much. >> thank you very much so next on cnn news central protests are erupting and cities across the world after israel's deadly airstrike when a tent camp in rafah, the white house says the attack didn't cross president biden's red line. >> but will that change after a cnn analysis finds american

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alito has just told lawmakers he will not recuse himself from cases involving january 6, despite this recent flag controversy, you might recall earlier this month, the new york times reported a picture showing an upside down american flag flying outside his home just days before joe biden's inauguration, we should point out at the time this was seen as a sign of protests by folks who believed that the 2020 election with stolen a claim that was never backed by any evidence. yeah. this was something happening at the time for sure. and days later it was revealed that last summer and appeal to heaven flag. you see it here flying seen flying outside another home owned by alito. both flags for carried by insurrectionists on january 6, we have seen in senior supreme court analyst joan biskupic joining us. joan walk us through what alito is saying here. >> sure. actually, this is a good that he's put this out because at least is now in his own words to everyone, there, these letters are addressed to house and senate leaders who

have questioned whether samuel alito should recuse himself from two very important cases that the supreme court is now hearing that trace back to january 2021 and the entire step to steal effort, the january 6 storming of the us capitol. so here's the bottom line that you should know is what he's saying is the two incidents involving the flag's do not meet the conditions for recusal as set out in federal law and therefore, he has an obligation to sit and the language of the ethics standard here it goes to what a reasonable person, mike, when a reasonable person, my question the impartiality of a justice or a judge, and he saying these two incidents do not meet that threshold, and he goes on to explain the two incidents. the first one, which occurred in january 2021, was when an inverted upside down us flag was seen in front of his house. he states outright, i had

nothing whatsoever to do with the flying of the flag. he goes on to talk about how his wife, martha-ann alito, had put that up there in response to a pretty nasty squabble. she was having with her neighbors and he stresses in that part of his letter as soon as i saw the flag, i asked my wife to take it down, but for several days, she refused. now, in these letters, briana and borse, you do get a little bit of the tension between the two alito's on this that martha and was certainly bound and determined to have that flag off and justice alito says, when he realized what it meant or i'm not sure if you even ever realized what it meant. but when he saw it, he wanted it to take it down and he stresses in this letter as he has in news reports to the new york times and washington post, that this really arose not from any statement that his wife, martha and was making about the

stop the steal effort, but rather to this neighborhood spat and what he wants to reinforce is that irrespective of her motives, they were not his motives. now, for the second flag, this was the appeal to heaven flag that flew over. their summer home at the jersey shore in summer of 20 2023. that appeal to heaven flag we know has been used by some conservative lawmakers. again, a some of whom have been associated with the stop the steal campaign, but others who are just trying to make more of a conservative religion statement, but irrespective of what it means to other people, samuel alito said and that he did not realize that there was a political statement there and he said, as i referenced the other flag event, this again was one that martha and had put up. my wife is an independently minded private citizen. she makes her own decisions and i honor her right to do so. he said that that flag also that

he had nothing to do with putting it up in this letter. i do have to note that he says outright, my wife is fond of flying flags. i am not my wife is solely responsible for doing putting up these flag poles at our residences in our vacation homes. and then he goes on to list in this letter to lock makers at the house and senate, all the different kinds of flags at martha ann has flown supporting sport teams, state and local flags, flags of nations, from which her ancestors have come flying flags. we from places we visited bottom line is what he's saying is look my wife, this was all in the hands of my wife, martha, and it was not in my hands. i do not think that any reasonable observer would think i've been compromised on these cases. and just to remind people of the two major cases that stem from january 6 that the justices are hearing one has to do with whether the january 6 rioters to be subject to prosecution for corruptly

obstructing an official proceeding. the other one even bigger has to do with whether donald trump should be immune from criminal liability for his actions taken in the wake of the 2020 election. as you proceed. tested the results of the balloting that validly gave joe biden the white house. bree flores another instance of justice's spouse drawing scrutiny on the court joan biskupic. >> thanks. much for that update. >> say with cnn. will be back in just moments when a car breaks down, a race car driver would call a pit crew you should call endurance and never pay for covered car repairs again just like a pro as a certified mechanic, i always recommend that my customers have out of protection plan. you never know when a breakdown can strike and you need covers that you can count on without endurance. a broken ac unit can costco raven or dollars

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stats according to the palestinian ministry of health most of the victims apparently women and children. a cnn analysis of video obtained from the scene reveals the munitions used in the deadly strike were made in the united states four explosive weapons experts who reviewed the video, said it showed the tail of a us made small-diameter bomb, a gbu-39. and for the first time video that's been geo-located by cnn and recorded today shows two idf tank thanks, moving further west into rafah. we wanted to discuss with the former is israeli ambassador to the united states, michael oren, ambassador. thank you so much for being with us. >> do you believe israel's initial explanation about this rafah attacked that it was a precise attack, but that it may have unintentionally set off weapons stored nearby but to me with your boris, of course, i believe that the biden administration also believes that the vitamins duration. i requested that is really used

the smallest possible calibre and munitions the most precisely guided munitions, the gbu-39 is the smallest such bomb in the it's israeli air forces arsenal to target hamas leaders. this precisely what israel did. >> and so it is investigation now about how this horrendous fire occurred. >> and it is horrendous as a terrible nightmarish event that goes without saying, but the two hamas operatives were 200 yards away from that camp and for a fragment from one of those bombs to travel that distance and set up that type of explosion is highly suspicious, right now, because a strong feeling and the israeli army that there was a hamas munitions depot underneath that and cabinet. and that possibly caused the explosion ambassador netanyahu described this as a costly mistake. >> i'm wondering how you read the biden administration's handling of this latest purported mistake because this is now a string of delete mistakes that the idf has made

since october. >> not only the killing of aid workers, but the killing of hostages that were being held by hamas and how much stock do you put into biden's red line but let. >> me just say this. i'm an old combat veteran and usually in war 20% of all casualties on our sayyed or in any rv sayyed are from friendly fire and we've had a tremendous number of israeli soldiers killed by our own fire because this is an immensely complex war in a densely built up area where terrorists do not wear the uniforms they dress as civilians. they mix it with a civilian population. so yes, terrible, terrible mistakes do occur. and the victims of those other mistakes are not just aid workers and civilians, but also is israeli soldiers themselves. and as you mentioned hostages who managed to escape its brutal affair war on any conditions. and in gaza it's almost indescribable i think that the vitamin station was very expressed and sanctus or what its expectations were regarding the rafah operation, that it not be a major

incursion. certainly as rockets continued to fire on tel aviv, fired from rahaf rafat, any other army, any other country which something go in there and level the place. israel's not doing that it's going in, in a very measured way and using these small caliber precision munitions, which the biden administration requested, that is real use so israel is abiding by all of the requests of the biden administration. so if there's a red line out there, the red line would be i would imagine a major incursion into rafah using much larger calorie number weapons. >> i'm curious about that distinction because a major ground offensive in rafah you already have tanks or cameras captured, tanks going in there. do you have faith that the idf is actually going to follow that? advice from the white house and not cross that red line and not send more troops and more military equipment into that area well two tanks do not. >> a major incursion make.

let's be very careful about that. israel has hundreds and hundreds of tanks. and while there may be a buildup of forces around rafah, and other and other places in gaza. i think there's a deep desire on the part of his release to conclude the kazah campaign generally, as soon as possible. because his balah continues to fire dozens of rockets at the north every single day. and 60,000 israelis remained displays the entire northern part of the country is uninhabitable and his ball is a much greater threat than hamas's commonality. isabella is a strategic threat that really could threaten israel fundamental security. so is there a wants to conclude that gobert's operation as soon as possible. but also wants to stay on the right side with the biden administration and i think there's tremendous pressure on the israeli government actually ordered a much larger operation into guy into rafah as those missiles continued to fall on tvc shot from rafah let's do it as drawing i hate to cut you off. >> but respectfully, i wonder where were you draw that assessment that you believe that israel wants to follow the

advice of the united states when benjamin netanyahu is essentially said that he is going to see this war through to whatever extent it needs to go to finish hamas despite what the united states is. hold him about the death and the killing of innocent civilians but to the best of my knowledge, bar's divide administration is still signs onto israel's war goals of destroying hamas. >> and that's changed at all i think there are differences of opinion about the morning after a scenario and i think i think gives what could do much more to meeting the biden ministries is expectation there. either disagreements about the long-term peace process. i think again, israel could go up further to meeting the biden administration's wishes there, but the fundamental goals of the war remained unchanged this is netanyahu's war. hamas didn't attack bbn is now hamas attack the people of israel, the people of israel are very firmly behind the continuation of the war to remove the threat of hamas, again, as rockets continue to fall on our communities it's not as if

hamas has been limited in any way. there will be debate in israel over whether israel should agree to a temporary ceasefire, not a permanent ceasefire. in return for the release of a certain number of hostages are going to do beit about the number of hostages that we would accept, the number of palestinian terrorists prisoners to be released from our jails and exchange from those hostels. there'll be debates i believe and i'm not a spokesman for the government borrows. i believe that if thomas were to put a realistic proposal on the table for the release of hostages in return for a temporary ceasefire. i think that israel would accept it it just does seem that there has been a disconnect between the white house and the israeli government specifically with netanyahu over the deaths civilians. >> and to hear that, you think that there's a chord between the two, it just seems different than what has been said publicly i don't disagree with you. there's been tremendous criticism from washington about israel's conduct, the war and the issue of civilians and israel is risk reply, is that tbe