live bacteria all the way down to the colon or to healthy digestive skin. heart, and immune system get started today with seeds de, daily symbiotic visit seed.com to order now the situation room with wolf blitzer next one cnn just noting a bit of a plot twist on that flag flap involving supreme court justice samuel alito. this is the second flag as long beach island, new jersey home. it's called the appeal to heaven. flag was seen outside alito's vacation home. some have noted it was visible in crowds on january 6 outside the capital. well, guess where else it's reportedly been flying for decades up until saturday for some reason outside san francisco's city hall in the civic center plaza, we learned that thanks to reporting from the san francisco chronicle hat tip to our friends in san francisco, even as my file's clobber, your giants right now, six, nothing in the middle of the

eighth, not that i'm watching >> donald trump's historic hush money trial is now in the hands of jurors who already are making requests to rehear testimony from two key prosecution witnesses. former trump fixer and lawyer michael cohen and former national enquirer boss, david pecker. they also want to review the judge's instructions after about 4.5 so far, we're breaking all of this down and what it might reveal about a potential verdict welcome to our viewers here in the united states and around the world. i'm wolf blitzer, a urine the situation room the skis, cnn breaking news. there's more breaking news in the trump trial tonight. i knew wrangling over which portions of testimony

will be read back to jurors based on their request to the judge. were following all of these dramatic developments with deliberations now underway on the unprecedented criminal charges so just against the former president of the united states cnn's kara scannell is outside the courthouse would be york for us. qarrah gives us the very latest well if donald trump has just left the courthouse at the end of this day, that was just after his lawyers and prosecutors finished negotiating what portions of the transcripts and from the testimony of david pecker and michael cohen, they agreed would be read back to the jury when the jury resumes tomorrow. >> this came after there was the sound of a buzzer going up twice it's inside the courtroom indicating that there were notes from those juries. but at the end of this first day of deliberations, there's not a verdict the historic first criminal trial of a former president and presumptive republican nominee is now in the hands of a jury erasing the interest charges,

but we'll see we'll see 12 manhattan residents, seven men and five women deliberating if donald trump is guilty of 34 felony charges of falsifying business records in an attempt to influence the 2016 election, whose charges are rigged thing is rig. >> after nearly four hours of deliberations, the jury sent in there first note asking for portions of testimony to be read back from former national enquirer publisher david pecker, and former trump fixer, michael cohen, about a meeting at trump tower. prosecutors say there was a 2015 meeting there between the two men and trump, where pecker allegedly agreed to be the eyes and ears for trump's campaign and flag the negative stories to cohen. there were several other meetings there that pecker and cohen testified about during the trial. the testimony will be read back to the jury at the start of deliberations on thursday the jury also had a second question before they were dismissed for the day about judge juan merchan's instructions earlier, he

explained that to find trump guilty see, they must unanimously find that he falsified business records with the intent to violate new york state election law, promoting or preventing the election of a candidate to public office by unlawful means, the jury does not need to be unanimous about what those unlawful means are prosecutors have put forward three theories about how trump violated election law. a corporate donation or individual contribution exceeding $2,700 falsifying other business records such as michael cohen's bank records and tax law violations as it did during his 17 hours of intense testimony and closing arguments, michael cohen and his credibility took center stage under our law, michael cohen is an accomplice judge merchan said to the jury, even if you find the testimony of michael cohen to be believable, you may not convict the defendant solely upon that testimony unless you also find it's corroborated by other evidence. cohen, the prosecution's star witness, and the only person call to

could directly implicate trump testified he spoke to trump twice to get his sign off just before making payments to stormy daniel's. he said trump approved the repayment scheme. trump's defense painted cohen as a liar and a thief who could not be trusted out for revenge on his former boss. the judge left the jury to deliberate with these parting words. it is not my responsibility to judge the evidence here. it is yours. merchan said, you are the judges of the facts and you are responsible for deciding whether to defendant is guilty or not guilty. now, the jury will be back here tomorrow at 9:30 a.m. that is when the judge will have the testimony read back to them and also instruct them on the law whether that is in the whole instruction again, or portion of it, he's expecting the jury to let them know that tomorrow morning deliberations will pick up again. in donald trump will be forced to stay in this courthouse until there was a note or verdict. will cara thank you. kara scannell reported for us. i want to

bring in our legal and political experts right now and elie honig, let me start with you. take a look at this and i'll put it up on the screen. these are the four portions of the transcript that jury has asked the judge to read out three of them from david pecker's testimony, and one from michael cohen's testimony. what stands out to you from these four sections? >> so this tells me that the jury has been assessing this case more or less, how the prosecution asked them to look at it yesterday and they're closing, they're looking at it from a more or less chronological perspective. and they're taking a systematic approach and the thing that they asked about that i think is most important is this august 2015 meeting that happens at trump tower, the de as today said essentially, this is where the conspiracy started. the participants in this meeting, three key players, donald trump, michael cohen, and david pecker. and here's the crucial part of david pecker's testimony that i think the judge should read back if he's responding funding accurately to the request tomorrow when the jury comes back in, here's what david pecker said at that meeting, donald trump and michael, meaning michael cohen, they asked me, what can i do

and what my magazines meaning the national enquirer could do to help the campaign. so thinking about it as i did previously, i said what i would do is i would run or publish positive stories about mr. trump and i would publish negative stories about his opponents. and i said that i would also be the eyes and ears of your dash. i said i would be your eyes and ears because i know that the trump organization had a very small staff, so eyes and ears as a crucial phrase that the prosecution really stressed to the jury. clearly, they want to go back to this crucial testimony and incorporate right get into their deliberations. >> certainly do on chris khardori is with us as well, anchors the prosecutor, joshua steinglass, who did all of a summation yesterday, we heard it for hours yesterday, called pecker's testimony, and i'm quoting i'm quoting him now, utterly does this suggest the jurors are following his lead with these requests? yeah. no, i agree with elie that the question suggests that there's sort of following the roadmap that the prosecutor ocean it tried to lay it out for layout for them. it's also the start of the story effectively

chronologically, but just to play devil's advocate here, i did think one of the more effective things that todd blanche did during his closing yesterday was asked some serious questions about the testimony about that meeting king, and whether pecker and cohen's recollection that meeting completely aligns and also what exactly happened in that meeting? what was the object of the conspiracy at that meeting? the scope of it. so i could see these questions being asked in either direction. >> todd blanche, or defense attorney for trump, raising those those issues. judge. george graph judge. judge george gracilis with us as well, judge. thanks for joining us. the jury is also asking for the judge in this case to read his jury instructions again, how unusual is that type of request? and what does that tell you? >> well, first of all, hall wolf, it's always good to be with you well, it tells me that taken it's very seriously that they want to this. this is not a simple, it's not the most straightforward case. i'm not clear at this point whether or

not they want all of the jury instructions read back are just some of the jury instructions read back. but i agree with what the previous guests just said that they're kinda starting starting from the beginning, they looking to follow a roadmap laid out in the prosecutor this summation, and i think they want to just make sure that they've got the right rules of the road when they start driving down the highway towards either raw conviction or acquittal i have in front of me the 55 pages of the instructions from the judge. it's all written down, but a judge grosso explained to me because i'm still a little bit confused about this. if i have a copy of all these instructions from the judge, why don't members of the jury have the same written 55 pages that they can simply read the theory. >> that theory is, is they don't want individual jurors acting like the judge.

>> they don't want one juror reading instructions with another juror is interpreted. >> another juror. >> this system is designed to funnel all of that instructions testimony, evidence that the judges, the judges keeping control if they've got questions about things, they send a note to the judge and then the judge can bring the whole jury back. they want specific evidence they requested they get it if they want read backs, they have to come to the judge. it's so all the keep the judge in the driver's seat. >> very interesting indeed, alyssa farah griffin is with us as well as you know, alyssa, former president trump has to remain inside the courthouse while the jury deliberates. how do you think all of this is weighing on him? >> lesson i think trump role is really bracing for the impact of a conviction. there's clearly already a bit of a strategy underway. we sought to de, that some of trump's closest allies, members on the phonic are actually calling for

essentially an investigation into how judge more sean got into this case. you've seen others messaging and echoing that this is the witch hunt and calling into question the entire process itself. so what you're doing is laying the groundwork because this is out of his control. he does not know where the jury is going to come down. there's a very real chance he could be convicted, so he needs his outside allies out there convincing the public that there was something on toward here are that it wasn't he wasn't treated properly i suspect that regardless of the outcome, you're going to hear a lot of anger from donald trump. we've seen that when he's gone out and spoken in these little press conferences, even if it were to be a hung jury or an acquittal, which seems unlikely. i think he's still going to rail against the judge and the process and try to use that to rally his base elie, i thought it was interesting that there's another portion of the jury request involving david pecker's testimony. i know you've been going over that and giving us some insight and what it could potentially suggests. >> so another indicator wolf that the jury is being chronological and methodical about how they go about it. >> they asked for read back of

david pecker's testimony about a june 2016 meeting. now, david pecker is in a meeting with an investor and he essentially gets pulled out because donald trump has called him. and this is right in the heart of the election campaign season leading up to 2016. and here's how that testimony went again, i believe this is what the judge will read to the jury tomorrow. steinglass, the ada asks david pecker and could you tell hello us about the conversation you had that day with donald trump. now, pecker's response? yes. when i got on the phone, mr. trump said to me, i spoke to michael, meaning michael cohen karen meaning karen mcdougal her allegations are starting to surface now, karen has a nice girl, is it true that a mexican group is looking to buy her story for 8 million i said i absolutely don't believe that there's a mexican group out there to buy a story for $8 and then he meaning trump, he said, what do you think i should do? i said, i think you should buy the story and take it off the market. so again, this is the evolution of catch and kill that the da tried to lay out

for the jury that leads up to the next incident, which is stored for me, daniel's interesting ankush. what are these two notes from the jury tell you about their mindset right now. >> well, i mean, i'm a little reluctant to read anything into them more than what we've already talked about. but i think general matter it suggests to me that they're taking this very seriously, honestly, the questions are good there are questions are good in terms of like the granularity of them and i also would want the jury instructions, not just in my hands that read back. there are very complicated. there complicated to read much less to here. and i think as anyone who's seen a jury here, jury instructions can tell you there are very hard for jurors to follow. often they don't follow them very closely. because they're dense very complicated to harry corner, i spend more than an hour reading these jury instructions. >> and if you read it, you have a better chance of understanding it, as opposed to simply the judge talking about absolutely. there's a big difference between when you can read a document, you hear it, it's very dense yeah a very complicated alyssa sources say that former president trump's

allies believed that the longer the jury deliberate rates, the better that is for trump. >> do you think that's right? >> i actually would disagree. i think that if they were to come to a decision quickly, especially if it were a conviction, it would play into the notion that this is partisan and they were he's against him. i think it actually, the longer they take it shows they're really weighing the facts of this case. they're being meticulous. and i think it was very noteworthy by the way, that the judge gave this instruction about you cannot base your decision purely on michael cohen's testimony. it has to be corroborated. that's right. that's correct. that's the way that the process should work. >> and i think based on what we're hearing from the jury, the more information they want back, they're doing exactly. >> that's why i'd say complete the actually quite the opposite of what trump world suggesting their bottom line, we have no idea what's going on inside that jury room, but we should find out fairly soon to all of you. thank you very much for joining us just ahead. we're gonna get more reaction to the first e trump trial from an attorney for the prosecution's

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don't want to overread into jury notes. so what we do know is that this is a methodical and deliberate jury and the prosecution told them that this election fraud conspiracy was hatched in august of 2015 at this trump tower meeting between david pecker, michael cohen, and donald trump. and so they are going back to the beginning and they're asking for testimony about that about two of the attendees of that meeting so clearly there being careful and methodical, they also i think of note asked for some testimony of mr. cohen's and that to me, the only take away or i should say, the most likely take away from that is that they are discounting todd blanche's summation where he said, do not rely on the say say-so of michael cohen. they're asking specifically for his testimony. so while there are other possible alternative explanations, i think the most likely as that

they are in fact looking to as testimony and to rely on it as as well as mr. peppers and other testimony from the trial jury instructions, as you know, danya, judge merchan instructed the jury to treat michael cohen, your client, as an accomplice, telling that on my quote, i'm quoting him now, even if you find the testimony of michael cohen to be believable, you may not convict the defendant, so fully upon that testimony, unless you also find that it was corroborated by other evidence. >> what does that say about the concerns over michael cohen's testimony? >> it says nothing at all. >> that is an everyday garden variety instruction. >> there's nothing unusual about that at all. and it's not, judge or justice mission instructing the jury that mr. khan was an accomplice, mr. cohen testified to that he allocated to it in federal criminal federal court, and he told the jury all about it. so that is a very ordinary

commonplace instruction, and i don't believe anything should be read into that at all. and the jury is following that instruction. they are asking for mr. cohen's testimony. they're also asking for corroborate testimony from mr. pecker, and that's i believe exactly what a careful jury should be doing. >> does michael cohen, danya, believe this jury will ultimately ultimately convict donald trump? >> that i think because this is still pending, it's still in front of a jury. i really don't want to get into his subjective or personal thoughts about it. he testified in court. then i can reiterate that here that he does wish to see accountability for mr. trump that is undeniable, and i think that's all that i can say about that at this point. >> i know you're restricted on that front sources say that trump's allies think the longer these deliberations by the jury go on, the more benefits trump, do you agree with that?

>> i don't. in this case, i think that is kind of the conventional wisdom. four defendants, i think here i watched this joy very carefully and they really followed very closely they clearly were very attentive. they listened to the job but even on his everyday instructions to not read press about are not talk to each other. form an opinion. they nod along. >> so they're going to they're going to do exactly as they were instructed. >> and they're going to take their time, their 34 counts there were six weeks worth of testimony, 20 witnesses hundreds of exhibits. so i think they will acquit them, not not use a loaded term, they will follow their obligations and take them seriously. and so it could take some time and i don't think that we should read anything into that at all. >> danya perry, let's continue this conversation down the road. thanks so much for joining us i'm coming up an

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their jobs, backgrounds, personal information, and the enormous pressure there now under the foreperson is an irish immigrant male who works in sales and hasn't finished college. he shares a jury box with a young female software engineer who lives with three roommates in chelsea neighborhood of manhattan also in the jury box, a retired wealth manager, just a few of the 12th people who now have to work closely together to decide the fate of the former president of the united states these are not people who would necessarily get in touch and hang out and know each other under other circumstances. the 12th trump jurors, seven men and five women plus six alternates are diverse in ethnicity, education, employment, background, and in their consumption of news one female juror said she doesn't really follow the news. another was not aware that donald trump is facing charges in other criminal cases. >> i worry a little bit about what the experience they have in breaking down a lot of information and having to

analyze. that. they kind of just don't pay attention to the news that's going on. >> two of the trump jurors, both men are attorneys themselves. one, a corporate lawyer, the other a civil litigator. analysts say that could be good or bad on the positive side, their skills and analyzing the law could help fellow jurors, but conversely, they could dominate the jury room if they might not be he wanted to sort of lead the charge and tell all the other jurors how it should go during this trial. jurors have been observed in the courtroom smiling during lighter moments swiveling thei witnesses like michael cohen and studiously taking notes. but there's one particular disadvantage that these trump jurors have at this month helmet until tuesday, the court was dark for about a week experts say jurors are usually not allowed to take their notes home with them and are often prohibited from consuming news. sometimes even barred from watching tv. >> the biggest disadvantage is the lack of freshness and memory by the time they get to deliberations any dark days,

any break that's all hard from the recall, things according to jurors in another high profile hush money trial, the case of former vice presidential nominee john edwards, the hardest part, just started the deliberations and how tough was it in that deliberation room? >> i mean, how did are really oh, yeah yellen kind of thing as for the pressure these trump jurors are facing, they're under immense pressure. not only is it a bit of a circus when it's all over, they're going to have friends and family and employers to go back to who are all going to be asking them a lot of questions now as for any advice to the jurors in this particular highly charged case, the analysts we spoke to said block everything else out concentrate only on the facts of the case. >> and when the case is over, they say, try not to take anything personally, including insults and other personal attacks because those will come we'll ryan todd reporting for us, brian, thanks. q. let's get some analysis right now from the former us attorney for the southern district of new york preparer. free. thanks so

much for joining us. how do you read between the lines of the jury's request today? first of all, how unusual is it for a jury to ask for instructions to be re-read? >> so. it's hard to read between the lines and the tea leaves that people have been talking about are difficult to read i think we can take comfort from the fact that the jury seems to be getting along. well, that's what you want for good faith and proper and appropriate deliberation. i also think it's a good sign that they're asking questions, jury notes or something that show that the jury is thinking about the evidence is thinking about the facts are going methodically through things. maybe they're going chronologically, maybe they've already made a decision about the falsification of documents and they're going straight to the other issue which is whether or not this was in furtherance of some other crime like an election crime. so it's hard to tell. >> it is not unusual for jurors to ask about the law, the legal instructions that were given by the judge as other guests have pointed out, i agree with those who have said that it's rather

anachronistic for this judge, under new york law, not permitted to, but not sending the jury instructions back with the jury and the jury room. they have a laptop. it does not have internet access that allows them to look at every exhibit in the case and they get read back to the testimony but they can't have the jury instructions. and i think it's a good sign that they are taking seriously the idea that there's supposed to sifts through the evidence and also take seriously the instructions of law given by the judge, which can be somewhat confusing and arcane. so i think it's all good and not uncommon at all. >> it's interesting that the national enquirer, former national enquirer publisher david pecker, is a key witness who doesn't have any animus towards trump retold the prosecution called his testimony, and i'm quoting now, utterly what does it say that the jury's questions today mainly centered? on david pecker's testimony it's unclear. it could be that they just want to confirm their understanding and recollection of david pecker's testimony could be that some jurors said

this is all speculation on my part to make that clear, that even in the early stages of deliberation, sound, juror said, well, we can't trust michael cohen and maybe another the juror said, well, it doesn't just rest on michael cohen's shoulders as the prosecutor said, there's very devastating and important testimony from david pecker. let's hear that again. let's get some of that back. in our, in our memories. remember they had a leak off from trial and david pecker testified some weeks ago. so it's not fresh in their minds, so it's impossible to know exactly why but i think the prosecution is probably feeling better about that note and that question, then the defense right now sources say that trump trump's allies believe the longer the jury deliberates, the better it is for trump. is there any truth to that based on your years of experience now, i would say not length of time does not tell you anything about what the verdict will be. >> the longest jury verdict that i had to await when i was a united states attorney was against a very significant insider trading defendant back

when in the first year or two that i was the us attorney and it was most significant insider trading case brought in new generation and jury deliberated for 11 days and found the defendant guilty on every single count i think in cases of high scrutiny and great public attention like that case was and overshadowed by about 5 million times this one. >> jurors take their role seriously. >> they're going to take a little bit of time. i had no expectation there would be a verdict today. i doubt there'll be a verdict tomorrow sometimes you come up against the weekend deadline and maybe there can be a verb done friday. but they're not in any rush. >> they know that history will judge their conduct and their good faith in these deliberations and is 34 counts and there's a lot of testimony and it's complicated and it's interesting and so they could take a number of days and it could still be bad for donald trump, or it could be the opposite. >> no, no one can tell. >> interesting, judge merchan will eventually decide whether to lift trump's gag order or extended get for that matter,

regardless of the verdict, should the judge extend the gag order to prevent trump from going after those and testified against him i think so. i mean, as i said before, the gag order is a little bit of a sideshow that the fact that trump has gone and sought an appeal and still wants to be able to speak in a way beyond what is permitted by the gag order while the jury is deliberating to me is a pretty big red flag. the case is done he had his lawyers say their piece and court defended him to the best of their abilities. and speaking now, serve no purpose other than trying to influence the jury, which i think is wrong and bad ferrara, as usual. thank you very much for joining us. thanks. >> just ahead. how president biden is planning to react to a possible trump verdict i got more from a key biden campaign official right after a quick the, assignment with. audie cornish. listen wherever you get your podcasts we had to

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new york jury ways donald trump's fate, the biden campaign is weighing how to respond to a verdict the president looking to take a more aggressive approach to trump's legal troubles after largely steering clear of the subject for more on that, i want to bring in the principal deputy campaign manager for the biden-harris campaign, quentin fulks, grit and thanks so much for joining us. as i mentioned, president biden has largely avoided any direct bench to give trump's criminal trial. so why is he now considering changing tactics i don't think that that is true. >> if i don't think that we are considering changing tactics, i think are tactic has been what it's always been. we've been headstrong on the fact that we've got to defeat donald trump at the ballot box. and that's exactly what our campaign is doing. i just left the president. we just left philadelphia where we launched black voters for biden coalition to reengage. i'm african american voters across this country. and the president laid out the promises that he made to them four years ago, and the promises that he kept

and he laid out the vision of two contrasting agendas for what america could look like. one where people can continue to pay 35 dallas for insulin at one more, donald trump can take it away. one where people can continue to expand on the affordable care act, obamacare, or we can roll it back. those are the two and the contrasting visions. president biden made a lot of promises to african american voters and voters across this country. and he has kept them in particularly for african american voters, record low unemployment the lowest racial wealth gap, packing the court with black women, more black justices on the court, and all of the presidents combined. and that is what our campaign has been focused on. and we've been making sure that we're building an apparatus to be able to speak to voters wherever they are in their countries and their own communities. and the contrast in the split-screen that we see and where we see donald trump is while president biden is out talking to voters in their communities, doing the work, putting it in, not taking any voters for granted. and that's our strategy on how we're going to respond to whatever verdict may come. >> let me explain why i asked the question about changing

tactics. the biden-harris campaign, as you know, the biden-harris campaign yesterday held a press conference just outside the courthouse sudo york with the actor robert de niro. let me play a little bit of that. listen to this if trump returns to the white house, you can kiss these freedoms goodbye. >> that we all take for granted and elections, forget about it. >> so what does this actually appeal to voters you think? is there any concern that this feeds into trump's baseless claims about this criminal trial being directed by president biden not at all wolf, look, i think that people are misconstruing location with subject matter on at the end of the day, what you heard robert de niro talk about yesterday, are the threats that donald trump poses to democracy. >> and that's what our campaign has been saying for my hq here and delaware to every single battleground across the state, you didn't hear anything from our campaign talking about about the trial itself and the reason that where there is because that's where the media is. it is our job and are

responsibility on this campaign to do everything we can to draw those two contrasting visions and make sure that american voters note that this is a choice between president biden and donald trump. and so that's where the media is, and that's where they're covering. we're going to be they're communicating that clip of robert but the niro, it's circulating all over because the media is covering it because they're standing outside the courtroom. and so we're going to be where we need to be to make sure that we're getting in front of as many voters as possible to continue to talk about the threats and the dangers that donald trump posted democracy, threats of a bloodbath, threats to terminate the constitution, threats to be a dictator on day one. and the list goes on and on. versus vice president biden, vice president harris, and president biden, who are out campaigning putting in the work to make sure we're going to turn out voters and send them back to the white house in 2024 it's interesting on the campaign snap you just mentioned up in philadelphia polls show a steep slip in support among these key group in his coalition. >> look at this in 2020 biden enjoyed a dominant 75 point margin but now that merging is

dropped to just 49 points. why is this support slipped and what is the campaigns plan to reverse it? >> well if we're going to continue to do exactly what we did today by sending the president out to talk about what he promised and what he delivered again, i've already run through a number of those accomplishments, but president biden has kept his word. donald trump is running around peddling lies allies that our campaign is going to begin to make sure that we contrast and that we break and set the record straight. donald trump did not deliver relief checks to folks. what donald trump wants to do is repeal all the things that the president has done repeal the american rescue plan that put money in americans pockets. he wants to overturn, continued to take away freedoms and overturn accomplishments that president biden, he wants people to begin to pay $400 a month on insulin instead of $35 a month. and that's what we have to do. our campaign from day one has made sure that we have gotten now to invest in paid media early cultural competence media to reach voters where they all

sending the president, the vice president second gentleman, that first lady out into all of the states talking to voters. and we're going to continue to do that. we're very clear that the way that we are going to defeat donald trump is at the ballot box and we're focused on doing the work to do that while donald trump continues to only be in this campaign for himself, revenge and retribution gluten, folks, thanks so much for joining us. >> thank you wolf's always a pleasure. thank you. coming up. new developments today directly from the us supreme court justice samuel alito. but he's not telling congress about calls to recuse himself in cases related to january 6. and donald trump in one of the most active 22 seasons you can't control a tornado what? interventions can we design? >> go inside the store premiere of violent birth with liev schreiber, sunday at nine on cnn. you've never had a pretzel until you've had pretzels pretzels.com, you think they'd give just anyone that domain 50

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to 50% over real stone i'm natasha bertrand at the pentagon. >> and this is cnn us supreme court justice samuel alito says he will not not recuse himself from cases involving the january 6 attack on the us capitol, including the federal case against donald trump let's bring in our senior supreme court analyst, joan biskupic john, what exactly is

justice alito saying? good to see you wealth he wrote letters to congressional leaders and saying, bottom line that he's not going to recuse himself from any cases that are tied to the january 6 attack at the capitol, and he tried to explain exactly why those flags were flying at his home and he says that when you look at his involvement, which she said really was non-existent, it was the involvement of his wife, martha, and flying them. there's no reason why he should recuse and let me break down the two flags. the first one was an inverted flag flying at the alito home in northern virginia. he said, i had nothing whatsoever to do it with the flying of that flag. i was not even aware of the upside down flag until it was called to my attention as soon as i saw it, i asked my wife to take it down, but for several days, she refused. i have to say wolf, that in addition to his recusal, we got kind of a window into the alito household with these messages. he did let's say that her her

motivations were not related to the stop the steal. they were related to a response to a nancy nasty confrontation she was having with neighbors and then for the second flag that flew at their vacation home on the jersey shore it bore the words, an appeal to heaven he said, he, he knowledge is that it flew for a period of time in summer of 2023. but again, he mentioned that it was martha-ann alito doing it, and he said, in his letter to members of congress, my wife isn't independently minded private citizen are vacation home was purchased with money she inherited from her parents and is it's titled in her name? it is a place away from washington where she should be able to relax. and then he added wolf again, giving an insight into the family a bit. my wife is fond of flying flags. i am not. and then he went on to list all the variety of flag she has flown sports flags state flags flags of

ancestors, religious flags, but his bottom line and what's relevant here is that he said, no reasonable person should conclude that he is impartiality would be questioned in these two cases that are tied to january 6 because he had nothing to do with these flags. wolf and that's i think he's hoping that this is the last he will have to confront the whole flag issue. >> well, joan biskupic, thank you very much. there's other news we're following right now. a new cnn analysis finding sunday's deadly israeli strike on a camp for displaced palestinians in rafah use just american made munitions. let's bring in cnn's jeremy diamond, these joining us live from jerusalem right now, jeremy, tell us more about what this analysis shows well well if we. had four munitions experts look at footage from the scene that shows the remnants of the munitions that were used in this deadly strike sunday night, and all four munitions experts agree that these are

the remnants of a gbu-39 small-diameter bomb. >> this is a us manufactured bomb. and interestingly, well, if this is a a bomb that is carries a relatively small payload, about 37 pounds, which is consistent with what the israeli military described these two munitions as carrying a when they launched this attack, this is a bomb that's actually typically used to try and minimize civilian casualties. but as these experts noted, when it's used in a very densely packed populated area like this camp for displaced persons that obviously raises the risk of more civilians dying meanwhile, jeremy, israel seems to be expanding its military operations in rafah, right? yeah, that's right. well, if we have witnessed israeli tanks now rolling all across rafah, two central rafah, two western rafah. and now the israeli military says that they are, that they have quote, operational control full of this critical philadelphi corridor, which is the corridor that runs along the 7.5 mile

long border between gaza and egypt. this is a corridor that israel has had its sights said on since the beginning of this war because they view it as strategic. they say that hamas uses this corridor to smuggle weapons into gaza from egypt and then uses that area to smuggle weapons in tunnels throughout the gaza strip. the israeli military offensive is expected to continue for some time now we'll today the national security advisor of israel or psaki nagbe, saying that this war is likely going to continue for at least the rest of the year. that's at least seven more months of fighting seven more months of what we've witnessed in recent weeks, which is disruptions to the flow of humanitarian aid. and of course, more suffering for palestinian civilians in gaza. >> well, jeremy diamond reporting from jerusalem for us. thank you very much. and we'll be right back with more news. >> dealing years after de d-day, jake tapper talks to top generals about the state of democracy. are we protecting

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