book your first cleaning today for just $19 blows captioning is brought to you by paige publishing. want to publish a book, will review your manuscript for free if you've written a book page publishing can help you through the process. we cut through the confusion of the publishing world to make it easy for you call 805, 630741 don't trump's fate is in the hands of 12 manhattan jurors, and they have questions. >> good evening. thanks for joining us day. want a jury deliberations in the first ever

trial of a former president began with the judge reading 55 ages of instructions on what to consider as the jurors way, 34 felony charges. now, the day ended with the buzzer, which signals the jury wants to communicate going off once then again, the first time to say they wanted four pieces of testimony read back to them. the second to ask the judge to reread them his instructions unclear so far whether that means the whole thing or selected portions of it. the testimony they want us from david pecker, the former national enquirer publisher and former trump lawyer and fixer, michael cohen. some of it dealing with the arrangement for pecker to act as the campaigns, eyes and ears for potentially damaging stories they'll hear that tomorrow morning. the judge dismissing them, then staying with attorneys for both sides to try to hammer out exactly what will be said. as for the defendant here some of what he said coming and going mother teresa could not be discharges. these charges are rigged. thing is rigged. >> nobody knows what the crime is decisional crime nobody

knows what the crime it's the da didn't name the crime crime is that's what the problem. >> isn't true. and we'll talk about that tonight is for the late mother teresa. she was judged by the nobel committee, which awarded her the 1979 peace prize for her service to the orphans leprosy patients and terminally ill of calcutta. with us tonight. and your criminal defense attorney arthur aidala, cnn legal analyst norm eisen, who was in court today along with cnn's kara scannell, also with this johnny jones, the third former chief judge for the us middle district of pennsylvania, is currently president of dickinson college. so care we just learned the sections of pecker and cones testimony that the courts decided to read back? >> yes. so we learned from that what parties that they both agreed to and two of the requests that came from the drain, these questions they wanted david pecker at michael cohen's testimony as it related to the meeting and trump tower, this is the start

of a conspiracy according to the government, april 2015, when pecker agreed to the eyes and ears, the meeting where we're trying something cone basically said, what can you do for the campaign? >> what can you do to help the campaign? david pecker says he'd be the eyes and ears. and trump says you'd be in touch with michael cohen about this so the portions of the transcript that we know we're gonna be read back and it's it's more than just this expert with this is part of it. this was from michael cohen's direct examination where he's questioned by the prosecutor peter susan hoffinger. could you tell the jury, please what was discussed and what was agreed to at that meeting, cohen says, what was discussed was the power of the national enquirer in terms of being located at the cash register of so many supermarkets in bodegas that if we can place positive stories about mr. trump, that would be beneficial, that if we could place negative stories about some of the other candidates that would also be beneficial. question, was there anything else that mr. pecker said he could also do for mr. trump's candidacy yeah. what in substance city say cohen says what he said was that he could keep an eye out for anything negative about mr. trump, and that he would be able to help us to know in

advance what was coming out and try to stop it from coming out. and who did he say he would get in touch with if he was able to identify those types of stories cohen says the answer was me. mr. trump also, knowing my relationship with david. this is in quotes, he's quoting trump, the two of you should work together and anything negative that comes your way. you let michael know and we'll handle it. now, interesting in this is that the prosecution in their closing said, if you don't believe michael cohen, look at david pecker, so they've also asked for david pecker's testimony on this. and among the portions that they will here tomorrow, this is on cross-examination where aiml beauvais asked pecker, do you remember that you confirm that during the august 2015 meeting that there was no discussion of catch catch and kill, correct? pecker says yes, question. and during the august 2015 meeting, there was no discussion of a financial components any agreement with president trump and michael cohen, correct? pecker says there was a discussion about that. i was going to be the eyes and ears of the campaign. and there was a discussion that i would be notifying michael cohen of any women that were in

the process this is going that were in the process are going to be selling stories. i would notify cohen that they would be available and they would either have to buy them or take them off the market, or kill them in some manner. now, another part of testimony, the asked for was about david pecker's phone call with donald trump in on that call, david pecker recounts how he is talking to trump about karen mcdougal, trump as if it's true that a mexican companies willing to pay $8 he also refers to karen mcdougal as a nice girl, and david pecker devices donald trump, you should buy this story. trump says, i don't buy stories but you'll hear from michael cohen. so it kinda gives you a sense the jury is very focused on the facts on at least understanding this first part is just because todd blanche, in his final arguments, he talked about this meeting and said reiterated that pecker didn't talk about catch and kill. well, they didn't use the term catch and kill. >> but what what just said in his testimony was catching and killing stories, right? >> not using that phrase, he

would pecker said on the stand he hadn't used that phrase, but they're talking about buying stories, transferring money. so really underscoring that, that is what they were doing norm, what stood out to you? what do you think was the most important stuff that we learned today? >> well the jury instructions were dry, obviously, it was a lot for that jury to grasp over 50 pages of them. they want it's another thing they asked for. they want to hear them again, but the law and there son is very unfavorable to donald trump because the judge has clarified a number of legal issues in ways that really help the prosecution in what ways one of them is that they don't necessarily have to all agree on what the actual crime is. >> correct. and he gave them a menu of options really, these are low hurdles and that's clearly where the jury is focused on the conspiracy. part

of the case. the thing that makes this a felony, if they find that a and only one juror has to find this, right? that cohen used documents that had misrepresentations in him when he was setting up the business his consultancy, his bank records. that's enough to create the crime if the tax forms the 10909, instead of described i instead of describing income it was at those sums we're actually reimbursements that both creates the misdemeanor document felony that kicks this case up, or a separate tax offense. and then there's the federal campaign issues that these for requests are focused on because if there was an agreement cohen testified corroborated by pecker to benefit the campaign and money was involved. you read those

instructions. that's a contribution. so the judge applied the law, i think fairly applied the law, but the law is very favorite. verbal or the you go, can we use the word uniquely though we'll apply apply the law only because no one ends in that courthouse which has been there. i don't know 100 years like no one has given that charge before judges have paton jury instructions. it's a big three-ring binder and they go through it and they read what reasonable doubt is presumption of innocence, burden of proof credibility of witnesses, and they more they doctrine up a little bit. but this part that norms talking about has never been given before. and the judge really said things that not even the prosecutor laid out. the judge laid out the prosecutors case and the charge better than the prosecutor did in five hours and that spells do for donald trump, judge, what do you think? >> well, first of all, i learned today that new york doesn't send their jury instructions out which is archaic. >> it's ridiculous. the jurors don't have a copy of the jury

instructions leaving ridiculous in the federal system where i toiled we sent the instructions out, it's madness i mean, even with two lawyers in the jury, how you could possibly retain that. and i think what they want tomorrow are you probably agree with this is the substantive law. the law the case. they don't need reasonable doubt. they don't need all the rest of it. >> but two, arthur's point. >> and i'm not the judge protective society because i was one. but the fact that matter is that he had to fashion a charge a little bit out of whole cloth. there's no pattern or the, you know, i mean, there's no pattern instruction for this out a little bit of total i don't hold right? right exactly at this for the first time ever. well, but you know, he's adjudicating the case. he had to make a charge out of something and he didn't go to that three-ring binder and find the charge. so the defense. >> it's not the figures that makes it easy or jurors don't have to all the gory. okay. this is the crime. two

different jurors can see it differently, but believe a crime was committed, but just see the bar is lower and the one thing that struck me today additional thing that struck me was if you look at the statement of facts that accompanies the indictment, the very first factual sort of piece that's in that statement of facts is that 2015 meeting among trump and cohen and pecker? that means two indicates to me that the jury is going back and from the timeline and they're looking to see did trump set something in motion at that meeting that he's responsible for and they're looking for independent testimony, rubber corroborating that was the theme. corroborating. still there's the pecker trump phone call in which the conspiracy that prosecutors allege was laid out at trump tower is implemented with karen mcdougal and it's a direct conversation with donald trump. so it was not a great moment for the

defense when those particular four questions came back, they also they did not take the model. there were two competing models when we talked yesterday, todd blanche said, here's all your off-ramps that defense lawyer start with the documents were not false. trump didn't have intent on the documents, just get to the conspiracy as a last resort the prosecutor, josh steinglass, said, no go on a logically, that's what they're doing. and corroboration that was his magic. well, the one thing ends real quick is that what's so odd about this case and why it's always rubbed me the wrong way is i went back and looked at the press conference that alvin bragg had when the indictment was announced and the judge can tell you that a prosecutor in those press conferences lays out the crime, and in that particular press conference, it just said trump committed the crime of false find documents to commit another crime and he's asked several times by report is to

commit what other crimes that he says the law does not necessarily it's not necessarily under the law for me to tell you and now we're really finding out what it is in the judge's charge with this judge will tell you is unheard of that you find out at the end of the case and the judge is charged through what the actual crime is, correct yeah, that's correct. from the standpoint of what's given to the jury you can't say that defense counsel didn't know what the crimes were at the beginning of this case, arthur, they knew they knew very well what the predicate and requested a bill of editing get one day got an answer to the bill of particulars and it lays out 17152, this election conspiracy. >> i want to thank everybody. we're going to continue this argument. we're going i'm take a look at more on preparations for the verdict already well underway for that. let's turn toossi an instrument prokupecz on lower manhattan. so talking about security preparations so anderson were outside the courthouse here in lower manhattan. so the barriers have been out here. this is actually the street where donald trump,

this is where he goes in every morning through the side door here into the courthouse and you could see here we're going to turn around here and many of the barriers are out here already. this barrier here in the middle of the street was just i did today in anticipation of the verdict. >> this is where reporters generally assemble. >> this is where all the live shots are done. the one of the biggest concerns here just what goes on opposite here in this park. this is where the protesters will gather, where supporters of the former president and then also the people who are against them one of the things that's going to be happening here once the nypd wants, the city gets word that there is a verdict. we expected them to surge more officers into the location. they're trying to do this quickly as far as we know, but things sometimes take a little time because their concern is the longer once there is a verdict and the longer it. takes to announce that verdict, more attention could be brought to this location and more people will gather. and so they're

trying to avoid that. so once there is a verdict they're hoping to be able to get it out and get it read quickly. but right now, the security here certainly is much different than what we see during the day. there was a lot of barriers and there's certainly a number of officers out here. the secret service is protecting the former president. there's also concerned for the jurors as they leave once the verdict is it's render that is the court security. those are the court officers. they provide security to the jurors until the court staff and then the nypd will be managing all the security out here. anderson all right. shimon prokupecz. thanks to understand what jurors are going through and the trump trial we're going to talk with the juror in another high-profile new york case. we'll learn firsthand how hard it can be in that jury room to reach a verdict? and later, supreme court justice samuel alito, he just sent congress members a letter explaining why a flag the january 6 attackers flu also flew above his house, making clear he has no plans to recuse himself from ruling in the former president january 6 case. reaction tonight from congresswoman pramila jayapal, who wants him to do just that ahead on three 60 the russians

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it like a snack wonderful pistachios get cracking whatever your business needs. >> vista print. printed. yeah, this sprint, like rachel need to fund packaging. so visit bridge, design and print a new stickers tape and thank you cards orlean ducky needed get their brand out there so they print a new t-shirts, bottles, and caps, and tasha well, she needed a total refresh, so mr. brown made her a new logo and that that that all that because with vista print, the principalities are endless brynn it all with 25% off for new customers, at vista print.com i'm katie you, lois in washington. and this is cnn new reporting tonight on what some supporters, the former president have been doing inside the courtroom specifically to give the

defense inside it might not otherwise have on the jury great cnn's kristen holmes is reporting on that and joins us now along with a washington post national collins, philip bump, who has served as a juror in the high-profile 2009 trial here in new york, socialite brooke asked her son, who was convicted of bilking his mom at a millions of dollars and with his again, tonight is jury consultant on tuerkheimer. so christian for so what would have you learned? >> well, i would just want to be very clear all of this is reading tea leaves here. and the first people who will tell you they don't know anything are donald trump's team? they're just hoping for a hung jury right now. but what we do know and have learned tonight is that we saw donald trump bring in a series of donors out but as lawmakers and while they were in the courtroom, a lot of them were observing the jury and then relaying their observations back to donald trump's team. and they weren't all negative. some of these various lawmakers, particularly some of the high-profile lawmakers, said they saw one or two of the jurors, acknowledged them, make icon contact at one point, someone said they were giving off positive vibes but could

not exactly define what that meant. but they also said that they watched one of the ajer's not along with todd blanche at one point making faces while michael cohen was talking, giving his defense, or at least answering questions it's from blanche during cross-examinatio n. now, all of this is not to say that they believe that this leads to a hung jury. it means that they are holding out hope that some of these people who are more receptive to donald trump or the people donald trump was bringing into the courtroom might help them get a hung jury, which really is the ultimate goal here. just a reminder, none of them believe that he's getting acquainted at the end of this, it's either a conviction or a hung jury at this point. >> allen, you heard christians reporting and you spent on time looking at jurors and trying to understand jurors, do you believe? >> that you can interpret what a juror i mean, do you believe these signs that people are interpreting that they saw jurors make it's pretty difficult to do. >> i think maybe you can in

totality, but one or few nonverbals here on there aren't going to give you a real indication as to which way of juror is leaning. but if i was sitting in i'm the jury selection process and listen to the questions during voir dire, looked at the jurors, listen to their responses, and then in my mind, but this could be a pretty fair juror for my sayyed for the defense. they might be the juror that's hangs a jury or that argues in argues to keep things going. and then i saw subsequent signs. maybe i'd be feeling pretty good about it but i would say that a few nods are an acknowledgment, a low form of that i don't think you can read too much into that fill of attaching. you were a juror on a very high-profile trial in 2009 and new york brook astor, a big socialite philanthropist in new york. her son had been a charged with bilking her at a millions along with an attorney of his it was long, long trial takes us inside the jury room. what was it like? >> yeah. i mean, the before we got to deliberations that jury

room was the boring is place on earth, right? he just sat there and waited for the lawyers to do their thing. and in the courtroom and have the judge resolve issues that we weren't privy to write. the important thing i think for people to remember is the jurors don't see everything, everyone else sees, right? so then when we got to deliberation, we weren't even allowed to talk about the case. of course, you can't do that until we get to the ration. so eventually we got our jury instructions, went to the jury room, the door closed, and that's when it really began for us. and so we spent 11 days hashing out the details of these charges. when i hear people talking about, how people were acting, the jury box, you don't know what you're going to do until you get into that jury or you may go in thinking you understand what the case is all about. i certainly went in thinking well, i think we can find this way and that way. and assuming everyone has seen the same evidence and come to the same conclusions very much not the case you thought you knew what the other jurors thought because to you is pretty clear. and then once you've gotten in, you realize, oh, wait a minute. everyone, we're not all in agreement. >> and i realized that i myself had missed pieces of evidence that led me to have a different determination of how i actually felt about who wrote that while you were sitting in the jury box listening what was in your

mind was did this person do it or not? that's right. and then once you were in the jury room, that was no longer the question. the question was, is this provable or is this beyond a reasonable doubt exactly, yes. >> so when you're sitting there jurors can sort of watch the trial and the same way anyone wouldn't be like, yeah, he seems like maybe he's not telling the truth. i think he's probably guilty but your charge when again, that jury room is, do you have the evidence to establish beyond a reasonable doubt that the letter of the law was violated. it's a very different thing and you have to piece it together like a puzzle. you have to say, i have this piece of evidence here and wait, there's actually one charge that we had as whether or not anthony marshall work asked her son had stolen a basically $1 million from her and we had to the piece together while he got this much from here and this much from here in this much two here until we got to that million dollar mark. and then we all agree that he was guilty, but we had to match that evidence to the letter of the law. the other i written about, which is interesting to me is that had you known that one of the charges that you are wrestling with would have meant a mandatory jail time. the

defendant in your case, i think it was like 85 years his 80s. that might have influenced you. you did not know it? that's why the judge in this case was so upset that todd blanche mentioned prison to the juror. >> yeah. and it was that charge i was just talking about that million dollar thing heading mandatory prison sentence. we didn't know that and that was actually one where i came in and had my mind change don it had all of us known that that meant this man would be going to prison. i can't say that it would have changed our mind. it was still was the facts versus the law. but it's hard to think that it wouldn't have at least subconsciously influenced us to some degree. >> ellen, just quickly, what do you make of the jury asking to hear the judges? instructions again, on the first day of deliberations and to rehear certain testimony on david pecker, michael cohen, zeroing in on that first meeting in 2015 they certainly got to a point where they decided, okay. now we have to focus on the task at hand and the law. let's face it, they didn't have a copy of it. and ten of the 12 jurors are totally unfamiliar with it. the two lawyers, maybe there were somewhat unfamiliar with it, but the law is it's

confusing, it's ambiguous, it's new to them, and it's complex. so they want to get it right. the foreperson on one of the rod blagojevich trials said it was like giving us the keys to the space shuttle and saying go fly it. >> i think they had the copy of the law. so for this jury, it's almost flat. the space shuttle, you have a blindfold, so they want to get it right. they want to really scrutinize the law. they want to look at the words. these are words everyday people don't use. do you ever use importuning a conversation? i don't and so they're not going to back into a verdict. they're not going to make their decision based on emotion or intuition. they want to know the law. they're going to scrutinize it and they want to get it right. and so i think that's why they did it yeah, electric communist great tabby on is always kristen holmes, fill a bumpy as well, coming up next former trump attorney joe tokopedia is take on the case and how he thinks is x klein may fare the jury with so many choices on booking.com, there are so many tina phase i could

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can help you through the process. >> we cut through the confusion of the poem hello, world to make it easy for you, call 805, 630741 not only has this country never waited for a criminal verdict against former president, it's safe to say that no attorney he has ever had a client like this one joining us now, someone with a rare perspective on all this new york trial lawyer and former trump attorney joe taka pina, who is represented over the years, michael jackson, former york yankees player alex rodriguez, and rapper asap, rocky, among asap, sorry, that's how uncool i do that to the first, i was like woman to represent asap rocky. >> i know i know riana. i don't anyway. >> so what are your thoughts? i mean, everybody is just trying to read like tea leaves here that's funny. >> you say that because there is word, it's called passy ogg refi has he has graphy is a serious affliction among even the most experienced trial lawyers in this country include myself in that group. what pass the ogg refi is a fortune telling method of interpreting tea leaves.

>> it's a real word, it's a real definition. even trial attorneys do that. i can help can help yourself. >> and 95% of the time you're wrong. >> so kristen holmes was saying that some on the trump team kind of felt like, oh, are some allies felt oh, that jurors it seems to be kind of making a good face, are sending a good vibe. you've had that and it doesn't pan out basis. i've had it where it's been accurate. >> i've had it where it's been. >> hi i really like your tie. i can send you or your client, but i like your tie you know, so they'll give you that. there is absolutely no way to say based on a druze facial reactions or based on body language short of them, like folding or robinson looking away from you, there's no way to determine what that really means. >> the judges instructions to the juror, how concerned are you about that in terms of the last gas we're saying they seem to make it very easy for the or easier for the jury to find a conviction. i don't i don't i mean, look, they don't all have to agree on what the crime is. yeah. but

the overlapping prime, right. they have to all agree that there's a false flag of business records. and here's what's important. that donald trump commanded or, or requested or cause those false entries to be made? not that they were just made by someone that trump organization that's really where i think the battleground is here. if i were still representing him in this case, i would focus my attention on that because there's really been a lack of proof for my opinion that he's lucky he is who he is. he was in the white house at portions of this that he's asking or instructing or even knowing what some accountant in the trump organization is putting in in the business records, checks, going out to a lawyer, he could have been writing legal expenses, assuming. was that i'm not suggesting he didn't know about the hush money payments. i think that's not a straw argument. okay. >> but i think the battleground would really be did he know about the false entries in the books in the end, we had a panel on like a focus group, garry tuckman the other night

and basically broke down along political leinz folks have been actually watching the trial ultimately, the trump's supporters didn't think he was going to say that trump, those who didn't like, do you think that is possibly how it could break down here? >> what i have no doubt that we don't know what these jurors, who they vote for. that's illegal to ask the question, protect potential jurors it wasn't asked in this case, obviously, but i will make a strong prediction that any of those jurors who, if any of those jurors voted for donald trump, they're not voting for a conviction here. and conversely, i think any of the jurors who voted against donald trump and not even for biden, but against donald trump, will never vote for an acquittal. so i think i think that's where you're going to have your sort of your outcome here. >> you know, new york jurors, i mean, hung juries are rare, little bit, little more high-profile trial trials. yeah. what do you this is the mold is crushed here. there is no there's no playbook for this one. there's just no playbook. it's not. look,

it's not about the evidence in this case. it's not about the law. of course, it is anderson, but i think ultimately there's so much more in the elixir here people's personal opinions, very strong personal opinions about trump, one way or another i mean, one of the jurors who actually stayed on that jury because the defense ran out of challenges, said she really has no sympathy for his conduct way he acts, doesn't really appreciate his demeanor. move. that's a horrible chore to have. she's on the jury. so again, they have to what the defense has to do is make sure that jurors could say, look, i hate this guy but there's a secret time and a place for that. that's called the ballot box. it's not in the courtroom where the rule of law is supposed to reign supreme. and that's what defense really has to hope that objective here as this trial has proceeded in his other legal challenges, mount the former president has made a point of associating with praise, even promising to pardon some accused criminals and convex even because he continues, law and order message or rent dk has more on that contrast, right now donald

trump, just last week in the bronx, inviting to wrap artists on stage. but not just any rap artists. they've both been indicted in an alleged conspiracy to commit murder. here, as well as rapper sheff g goes, everybody knows where is shaft you come on up, fellas, rapper sleepy hallow. >> those fellas shift g and sleepy hallow are alleged gang members who the brooklyn district attorney named in an indictment they are accused of conspiracy to commit murder and weapons possession. this is them in a video used as evidence in the case, brandishing weapons in a car both have pleaded not guilty and from the looks of it, are now on team mega. >> one thing i want to say they're always gon, whisper your accomplishments and shout your failures trump most shout the wins for all of us make america great again thank you very much that's where i like those teeth.

>> i want to find out where i gotta get my teeth like that. i want that to happen to me. >> wish shocking that have presidential candidate would be meeting and having known gang members who have an open indictment of four attempted murder and conspiracy to commit murder introduce him at a presidential rally over the weekend. trump aligning himself with a convicted criminal who is serving life in prison at the libertarian national convention, promising to commute the sentence of the founder of silk road. a now defunct unregulated online marketplace, where users could buy and sell anonymously. >> give you vote for me on day one, i will commute the sentence of ross ulbricht who are set of time, sir? >> silk roads founder ross ulbricht was convicted on charges including money laundering and drug trafficking, and sentenced to

life in prison in 2015 after a prosecutor noted six deaths resulting from drugs bought on his website ulbricht was quick to thank trump on social media, writing on x, donald trump pledge to commute my sentence on day one. if reelected. thank you. thank you. thank you. at that same libertarian event, there's trump posing for a photo with rapper f furman he pleaded guilty in 2015 to punching a woman at one of his concerts and then of course there are the convicted january 6 rioters, trump almost never. let's an opportunity pass to praise them. and has promised to part in them if elected to a second term. >> when people who love our country protest on january 6 and washington, they become hostages, unfairly imprisoned for long periods of time. >> trump's commitment to those criminally charged also unfold display at his hush money trial as his own former lawyer turned convicted felon michael cohen

testified against him trump's courtroom entourage included former new york city police commissioner bernard carrick, who served time in prison for fraud before trump pardoned him. also in tow. chuck ss ido an actor and former leader of hells angels, new york chapter, who spent years in prison. a place trump is currently very much trying to avoid randy k, cnn just to add supreme court justice samuel alito. response, democrats in congress demanding he recused himself from january 6, related cases. what he's now saying about those flags, ones flown over is home homes that have led to questions about his impartiality. we'll discuss it with congresswoman pramila jayapal saving for retirement was tough enough. and now we're getting markets can be challenging at times. >> i understand that's why at fisher investments we keep a disciplined approach. with your portfolio, helping you through the markets, ups and downs. >> what about communication? >> we check in regularly to keep you informed, which means

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>> just like the standard i can't stand my way shot of adrenaline right to the heart justice samuel alito responded to members of congress today saying he would not recuse himself from january 6 related cases before the court. this after reports the new york times questioning his impartiality, the times revealed that an upside-down american flag was flown above and alito home after the january 6 attack in today's lighter, he says he was not even aware of the upside down flag until it was called to my attention as soon as i saw it, he says i asked my wife to take it down, but for several days she refused. he also responded to a second times report about this flag flown above another home last summer, the appeal to heaven flag dates to the revolutionary war, but more recently it's been associated with trump's supporters. today, alito wrote, quote, i had no involvement in the decision to fly that flag. my wife has fond of flying flags. i am not i'm joined now by

democratic congresswoman privilege. i have hall one of the authors, but congressional letter demanding his recusal. appreciate you joining us. first woman first of all, what do you make of his response? essentially doubling down on blaming his wife i think it's outrageous. >> anderson this is a supreme court justice, the highest court of the land. he had an obligation to i believe, recused himself, but at a minimum to provide i'd a response to members of congress about his actions and he really didn't do that. i mean, this letter is it's ridiculous on so many levels to say, well, i didn't know about it. then i tried to ask my wife to take down, but she wouldn't take it down. but hey, by the way, none of that matters. this is a justice who was going to weigh in on cases that are about our democracy, about the press former president's participation in an insurrection. and to say that it has no bearing that his wife

was flying, not just one, but two flags next is really disturbing. the reality is justice ketanji brown jackson recused herself from a case on affirmative action and harvard because she felt that there was a chance that it could lead to a sense of impropriety justice alito and i would say justice thomas in the same category are really slashing and burning the integrity of the supreme court. and i think it's extremely troubling and it means that justice roberts has to step in and actually establish enforceable mechanism to hold these justices accountable for a code of conduct that right now has nothing, no such thing. yeah in his letter to you and number your house colleagues, alito wrote, and i'm quoting i am confident that a reasonable person who's not motivated by political or ideological considerations or desire to affect the outcome of supreme court cases would conclude that

the events were counted above, do not meet the applicable standard for recusal. >> i mean, he seems to be suggesting that your motors are demanding this recusal about politics. do you want to affect the outcome of cases? >> yeah. i mean, he's just wrong. >> i think if you pulled people about whether a supreme court justice should have a flag that happens to be flown by his wife. but who knows that unless he's explaining it, the vast majority of reasonable people would say that that flag is actually belong mr. the house of the supreme court, justice. >> and there would be a reasonable assumption that the supreme court justice ascribed to those views. >> now, even the fact that that his wife was feeling the need to counter a neighbor's flag and show support for donald trump is very troubling and i think also the new york times, i think had to report detailed report that says that even justice alito's account, i

think it was on fox news about why she his wife put up that flag, that that was not true based on conversations to the police that were that were recorded. so i think there's a lot of problems here, but at the end of the day, it's just outrageous because the supreme court has to have the trust and credibility of the american people. it is already at its lowest level ever, and i think the chief justice and of course congress, once we have a body that can pass ethics reforms i have a bill with senator warren on this but i think the chief justice needs to immediately establish an enforceable mechanism and independent enforceable mechanism to make sure that the supreme court justices are following this code of conduct that they, that they set out for themselves. >> it comes from the pramila jayapal. thank you so much. i appreciate it. >> thank you. anderson, coming up, john king returns with his all over the map series traveling to battleground states. >> here would voters, they are thinking tonight, he talks from nikki haley, supporters in pennsylvania haley recently

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haley's you dropped out of the race in early march, but it's still on the ballot. >> she gained double-digit votes and key battleground states like wisconsin more recently, pennsylvania a days goes as you may know, haley said she will vote for trump in november and urged the former president to reach out out to her supporters and not take their votes for granted as part of his all over the map series, which examines key issues for the eyes of battleground state voters or john king went to pennsylvania to talk to haley voters michael bases first big political statement came 40 years ago. i became a republican when i turn they team because ronald reagan, both my parents were staunch democrats and i and the time there were democrats were not republicans and i was like not enough. i'm a reagan republican the philadelphia suburbs were reliably red back then pasi are reluctant piece of why they are much more blue now. >> so in 2016, you've what for trump, and the 2020 by and

you've got an election a few months. what are you gonna do if i had my choice, i wouldn't vote for either, but i will vote for biden i will vote for anyone but trump. why? >> well so he tried to overthrow our government that's a problem with me surgeon us military i just have very strong feelings about what it means to be an american. >> so another big statement this election year, a primary vote for nikki haley, six weeks after donald trump locked up the nomination, i want other republicans out there saying like, we don't have to choose this guy, they don't want to hear that. >> okay. he could be a convicted criminal in a couple of days. they don't want to hear that. hey, he did all these things. >> pasi is hardly alone haley, one 17% statewide 24% here in suburban montgomery county this is a little paradise outside the city. i'm afraid lick also

wanted to send a message. >> i want a country that's normal. i want a country that functions and i want people to be together. >> very like is the daughter of cuban immigrants let's staunch supporter of israel, another reagan republican beyond frustrated with her choices, wasn't court. >> and the other one is i feel bad for him if he was my father, i'd say, you know, you might want to reconsider your life? i don't know. and the other one i'd say you might want to prioritize your personal problems. >> rural berks county is more trumping, but even here, 16% for haley, joel so london was a reagan supporter in her teens, a tea party backer in the obama years. but after she cast a primary vote for haley london left the gop, registering as an independent, the national party just didn't reflect my values the way head and i'm seeing a change in that more towards populism, which carries, carries some unpleasant baggage. >> she won't vote for biden. london's debate. skip the

presidential ballot line all right, in a conservative this is a county trump needs to county won by eight points in 2020, if you are not trump, that subtraction. hurts him you get that right? i do you think, that's important i i believe that we have to send a message that the republican party needed it's to go to go in a different direction. and if biden wins because of that, soviet, its principal position, i need to take media is in delaware county, the philly suburb. linda rooney, a registered republican, a trump voter in 2016, and biden in 2020 her haley vote in april. >> those the protest and the question, who are these people in the republican party that are shoving this down our throats right now, like, why can't we be why can't we elect someone normal rooney serves as a borrow election monitor. >> he just said the other de that he won pennsylvania in

2020 no no. >> yeah. we were laughing about it, but it's not funny. it's not funny. >> she also says trump's conduct on january 6 was reprehensible so i just can't i can forgive him for that but rooney won't vote for biden again, i can't i don't trust them with the economy. >> my sons in the army for me, i don't i'm angry about afghanistan about that withdrawal. so honestly, i can't vote for them so i have two choices. i can write someone in or i can hold my nose and vote for trump no, that's only going to be four more years. >> michael pasi also takes the only four more years approach, but he arrives at a different answer if enough of us republicans can do the right thing, keep trump out of office the next four years. >> gonna be perfect, but i

think there could be better than what the alternative would be there. >> haley vote in april was a protest. their choice in november could well decide the outcome in a crucial battleground. >> john king joins us. now, hadn't nikki haley do and battleground state primaries after it's just suspended her campaign, the math anderson is stunning. let's start where we just were the commonwealth of pennsylvania looks 16% a little more if you round it up, but look at the number, the math, 158,000 votes plus hundred and 58,000 plus remember, in 2020, joe biden carried pennsylvania by 81,000. nikki haley gets almost twice that when trump won in 2016, the margin was 44,000 and change. so her voting block, justin, pennsylvania, could be decisive and it's not just there, come back and look at this republican map. yes, donald trump swept to the nomination. but look at this primary re-performance and the haley factor. forgive me for turning my back. i just want to stretch this out this is just in the battleground states we just showed you pennsylvania, wisconsin will settle by 20,000 votes last time she got 13% in the primary, well in excess of 20,000 votes. michigan, 27%.

that was bigger for joe biden but nikki haley cut nearly 300,000 votes in the primary. georgia. remember 11,000 votes last time she got 13%. arizona 18%. that was settled by 10,000 votes last time. so the president has problems in his family that's why i was in philadelphia today trying to court black voters. so he, president the incumbent has problems too. but for donald trump and the republican family long after haley left the race, that she's still getting these numbers enough to be a decisive block in these battleground states. that's a big math problem. >> john king, thanks so much coming up next live pictures from a new firing volcanic eruption in iceland details coming up a us bank and we say we're with you. >> we mean it not just for the good stuff the grand opening celebrations, for all the hard work he took to get there. we are in for all of it it's tough for sure. but less tough when you have the right people by your side. like kayla from

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unclear