"ac 360" starts now. a very busy night. every house republican but two voting against a select committee to investigate the january 6th attack. criminal charges expected tomorrow against donald trump's company and one of his top corporate soldiers, long-time chief financial officer allen weisselberg. the death toll climbing in the surfside, florida, apartment collapse as more bodies are found in the rubble and sadly the number includes children. john berman in for anderson. there's all that and then there's this. bill cosby out of prison, back home tonight after pennsylvania's supreme court overturned his conviction for drugging and sexually assaulting andrea constand in 2004. now, he did not speak at a brief news conference today, but he did say this to abc news about his prosecution and trial. >> and nobody had the sense to

say wait one second. this doesn't match up with the truth. this is not what i was taught in college. this is not what i was taught at home, et cetera, et cetera. >> so it's unclear precisely what cosby is referring to there. however, if he's suggesting that the court freed him because he did not do what he was convicted of doing, that's not the case. the ruling hinged on due process and a promise that the local d.a. made at the time, bruce castor. bruce castor says he made that promise, a kind of criminal immune tee for cosby in exchange for him testifying in a civil case. cosby did testify in that civil case and years later a different prosecutor ubrought charges and used that testimony against him. they said that violated his protection against self-incrimination.

in a moment, we'll be joined by one of the accusers. first, cnn's jason carroll is near the cosby home just outside philadelphia. jason, what's the scene like tonight? >> reporter: well, much different than how it was just a few hours ago, as you can imagine. outside of cosby's home as soon as word came out, john, that the supreme court had made this decision to vacate cosby's sentence, some of his supporters started coming out here and his detractors as well. those people who were supporting the accusers were out here as well, being very vocal. so we had both sides out here. when it became most interesting obviously is when cosby himself came out with his attorneys, with those who have stood by him. his attorneys basically saying that the conviction was really more about politics and the court of public opinion. of course we were all waiting to hear what cosby was going to have to say when he stood outside his home here a little while ago. he did not speak. he held up the peace sign, he

walked back into his home. around 6:00 he tweeted. i want to read you what he said. he said i've never changed my stance nor my story. i have always maintained my innocence. thank you to all my fans, supporters and friends who stood by me through this ordeal. special thanks to the pennsylvania supreme court for upholding the rule of law. also, john, his attorney says what happened out here today vacating the acsentence was a victory not foonly for cosby bu for all those who have been wronged by the legal system. >> jason, things moved so fast today. is cosby now out of legal jeopardy or could he face criminal or civil charges in a different court? >> reporter: it's a good question. if you listen to what the pennsylvania state supreme court was saying, one part of their decision was crystal clear. it said he must be discharged and any future prosecution on these particular charges must be barred. so essentially what that's saying in terms of criminal

prosecution, if anyone was going to try to do that, it would have to be something that falls within the statute of limitation. many of these allegations are from the mid-70s and later. and in addition to that, it would have to be something different from the case that was just presented. so in terms of criminal prosecution, i think a lot of legal experts would say it's done, it's over. but in terms of civil prosecution, cosby is still facing, for example, a case out in california of a woman who is alleging that cosby sexually assaulted her when she was 15 at the playboy mansion back in 1974. so that case out there in california, that civil case can still go forward. but in terms of criminal prosecution, it seems like it's pretty much done. >> jason, i'm going to speak to one of bill kacosby's accusers just a moment, but generally speaking, what's the reaction been so far? >> reporter: well, you know, people say, oh, it's been mixed, but that truly is what it's been like out here in cosby's

neighborhood where you've got people who have been basically feeling as though cosby was wronged, who feel as though this was something that was long overdue, but there are a lot of people out here, some folks out here from the me too movement who really felt as though this was a miscarriage of justice. i spoke to one woman just very quickly. she came out here, she was very vocal, very angry. once she saw cosby out here, she started crying and said this was just not our day. john. >> jason carroll on the scene. thank you very much. so if ever a court decision called for more discussion, this is clearly it. joining us, two former federal prosecutors, cnn legal analyst shan wu and laura coates. laura, you've had a chance to process now the pennsylvania supreme court decision. do you think it is reasonable or unreasonable purely from a legal perspective? >> on a legally procedural basis, the decision was actually reasonable. but of course we can't look at it in a vacuum, can we?

we know there is the emotion. we know about the silencing of voices of victims of sexual assault. we know about the notion of this being the first case -- the supreme court in pennsylvania never said that cosby was innocent. they didn't address the factual allegations nor did they say that the prosecutors in that case failed to meet their burden of proof. the jury found him guilty. the deal effectively immunized bill cosby. he did it in his public capacity on behalf of the commonwealth of pennsylvania. and for that reason even though another successful prosecutor came in to handle the case, the commonwealth itself would still be bound. and so this court was saying,

look, the deal stands as is. it has greater implications, of course. the notion that it was a bait-and-switch, they used that language to suggest that anybody who was going to rely on the statements of a prosecutor only to have the rug pulled out underneath them later on, it would probably undermine the integrity of those agreements. of course when it comes to the facts in this case, we know why it's so controversial. we know all the stakes involved. we know that although this case involved one named victim, we know the allegations made by dozens, upwards of 50 others. and so this is a very visceral reaction from so many people. but on the idea of whether a prosecutor's deal must be bound and honored by prosecutors, they made the right call there. >> to be clear, this court did not question whether or not the events took place. shan, when you go back and look at this trial, remembering what was going on in 2018, did you see any red flags back in 2018?

>> i did. let me share laura's position that this is a devastating blow. i mean we have both tried sex offense cases. there's nothing worse to put a survivor through this and then have the conviction overturned. i saw the red flags because in the first trial, which was a mistrial, they only let in one so-called other crimes evidence. the second time around when they got the conviction, the judge without laying a very good record put in a lot of other crimes evidence. and there is this issue of what kind of deal had really been cut by castor. this is a lesson for prosecutors, something we all learn. you can't just win the conviction, you have to protect it. and that effort to protect it starts a long time before the appeal. this was something they knew about. they needed to really vet and anticipate this. and that's something that it looks like they didn't do. i don't like this decision, but i agree with laura, it's legally a defensible position. really my question is why wasn't this case tried in 2005? i think we know the reason for

that. >> well, that is the big question here. bruce castor who made this deal with cosby who said if you testify in this civil trial there will be no charges brought against you, he was the guy who decided not to bring the criminal charges. laura, how unusual is that kind of deal? >> well, look, prosecutors every day make these sort of cost benefit analysis. it's all about the burden of proof. remember, we're talking about a case that is illustrative of so many others. we're talking about delayed reporting of sexual assault cases in general. you've got the idea of a he said/she said without other physical evidence to corroborate or substantiate the claims. that does not mean it did not happen, but it is a consideration for a prosecutor to know whether they can beat their burden of proof beyond a reasonable doubt in the criminal context. oftentimes they will maybe suggest or perhaps that was part of the conversation about the fact that there is a lower burden of proof in the criminal

context. it's not beyond a reasonable doubt, it's preponderance of evidence, a lower threshold. my understanding is bruce castor did not believe they had enough to meet their burden of proof criminally so offered this immunity as a way for andrea constand to have the benefit of a deposition of bill cosby. remember, he would not have made any statements in a deposition if he believed he would be prosecuted based on those statements later on. we all know that phrase in law and order, right? anything you say can and will be used against you in a court of law. but for that immunity he would not have made those statements. we're in a catch-22 here. the prosecutors in the new trial would not have been able to use that evidence against him had he not said it, but the supreme court said essentially, look, it's not whether bill cosby should have been acquitted. they did not say that. the question is whether he should have been tried at all based on that particular agreement. and we see the cost benefit analysis of something like bruce castor in weighing whether he

thought he could then meet his burden of proof. we saw ultimately the jury thought you could. >> shan, the fact is, as you said at the beginning, for the more than 50 women who have come out with accusations against bill cosby, this stinks, right? this stinks. >> yes. >> they're seeing this play out before their eyes. and legally it may be sound. but do they have any recourse at this point? >> i don't think they really do. on the criminal front, the pennsylvania supreme court was clear as day saying that it's over. i just don't really see any further recourse. and one thing i'll slightly differ with laura on is i am second guessing castor's decision back in 2005. i think he should have stayed out of this, immunity or not. a criminal prosecutor decides do i charge criminally or not? if he didn't want to charge, that's fine. he shouldn't have done any other kind of arrangement because that ultimately is what doomed this case. >> just so we're clear, i wanted

to say, shan, to support you, just so we're clear, i do not suggest that bruce castor made the correct decision. but it was a balancing of what he -- i know prosecutors do. but ultimately the jury found that there was enough evidence. so imagine had it been tried back when it was first brought to the prosecutor's office in 2004. where would we be now? probably a conviction still. >> laura coates, shan wu, again, thank you both. joining us is patricia leery stoyer who said bill cosby assaulted her on two occasions. cosby had offered to membentor in pursuit of a singing career. patricia, thanks for being with us again. we talked to you back during the initial trial. what's your reaction tonight now that bill cosby is a free man? >> well, i'm sad and i'm feeling like this is a loss for me and for the other women who came forward. there were more than 63 of us

who came forward in the end. i'm wondering what the purpose was of the 43 years of this ordeal and the trauma, the trauma that i had and the trauma that my family endured as a result. i'm comforted that we did the best we could because we came forward and told the truth. in the end that was the only power we had in this situation. i'm also angry that the laws in the system is devised in such a way that it favors powerful and wealthy people. in this particular instance, a powerful and wealthy man. that needs to change. >> do you worry that this decision will discourage other sexual assault survivors from coming forward? >> it took me 25 years to come forward, john, because the people i asked about coming forward said no one would believe me. these were people that loved me and cared about me. but his public image was such that they didn't believe it would make any difference.

and i lived with great resignation and despair about that. i know other sexual assault survivors do as well. i hope this won't discourage people. it's a message of -- it is a discouraging message to sexual assault survivors. i hope it won't because in the end all you can do is come forward and tell the truth. you can be that standard bearer for other women in this case. i'm not going to speak about the men in the me too movement. i know there are men involved but i'm going to speak about the women because that's who i am. come out. speak. stand in truth about this. be counted. your voice matters. >> it took tremendous courage for you to come out when you did and your truth is your power. i want to get your reaction to what bill cosby ended up saying tonight in a tweet. he said i've never changed my stance nor my story. i've always maintained my innocence. thanks to all my fans, supporters an friends who stood

by me through this ordeal. special thanks to the pennsylvania supreme court for upholding the rule of law. that's bill cosby's statement. how does that make you feel? >> i think because of the technicalities and what the other attorneys have said on your show, this was a correct decision because of the technical legal reasons involved. regarding his innocence, i know the truth. the other 62 women and andrea constand know the truth. we had no desire to be in the spotlight for this reason. believe me when i say that to you. this is not a reason a woman would want to be in the spotlight, public spotlight. he has maintained his innocence as he says, but really i think he's quite deluded that he's had a compulsion to do this for a very long time. we're talking about five decades worth of women. and he has always maintained and so has mrs. cosby that this was

all consensual. it was not consensual to be drugged and assaulted. >> patricia, i know you will continue to use your truth as an example to others. i appreciate you coming on tonight and speaking to us. thank you. >> thank you. still to come tonight, we have a lot of breaking news, including some tragic news in the search and rescue mission in the condo collapse in florida. two new videos, one captured minutes before the collapse. also today's nearly unified effort by republican lawmakers to close their eyes to what happened on january 6th. what their vote against a select committee to investigate says and what that committee could actually do. plus, what we know about the charges expected tomorrow against the trump organization and donald trump's top financial executive for three decades.

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more breaking news on the deadly collapse of the condo in surfside, florida. much of it breaking in just the past few hours. a day ahead of president and first lady biden's visit. as a tropical pscyclone threate the rescue efforts, they uncovered two more bodies today bringing the total to 18, 145 unaccounted for. among the dead we know now are children, ages 4 and 10. miami-dade's mayor said any loss of life is a tragedy, but the loss of children is a weight too great to bear. that news came shortly after we learned about another victim uncovered today, 92-year-old hilda noriega, specifically that she was found with rosaries on her body according to her priest who suggests she may have been saying a rosary during the collapse. he describes hilda noriega as a fiesty woman who was very independent. also new leads on the investigations into the collapse which may soon include a federal probe expected to be announced

shortly. we have two videos we want to show you now. the first comes from a couple staying in a nearby hotel. it's difficult to make out exactly what's going on, but it does appear to show water gushing into the underground garage, also debris minutes before the collapse. the wife says she became alarmed after hearing a large crash and seeing pieces of concrete on the ground. this was in an area inspectors said in a 2018 report needed repairs, warning the pool slab above the garage had major structural damage. the other video tonight from 2018 showing water leaking from a pipe in the garage. it was provided to cnn by an attorney for a resident suing the champlain tower south condo board. they do not know how the building responded to the complaint and if issues raised in the video played any part in last week's collapse. right now as we've done every night, we want to focus on the

families of those unaccounted for. i'm joined by ashley dean, whose sister is among those. her sister, cassie stratton, was on the phone with her husband when the building collapsed. she told her husband, according to the "miami herald" that she saw a sinkhole open up where the pool used to be. ashley, i'm so sorry to be talking to you under these circumstances. i've been on site all week. i know how difficult this is, particularly for the families. i just want to know how you and yours are doing tonight? >> you know, we're just trying to really hold ourselves together. we are in an absolute state of shock. we've just had a hard time processing what's actually happening and that it's happening to us. you know, we just fear that cassie is gone. you know, it's really hard to swallow right now. >> i know how hard it is,

particularly because this just isn't supposed to happen. buildings aren't supposed to fall down like this in america. i know cassie was on the phone with her husband, michael, at the time of the collapse. what more do you know about this conversation? >> yes. it's my understanding that cassie called her husband at 1:30 a.m. miami time and told him that the pool was collapsing, that the ground was shaking and cracking and it's my understanding that she let out a very loud screaming and the phone went dead. >> that had to be very hard to hear. i can't imagine. >> yeah, it was very hard to hear -- yes, sir. it was very hard to know that that was my sister's last words and just the terrifying moments that she endured in those last moments before, you know, before and while it was collapsing.

you know, i have cassie on find my friends and i could always click on it any time and know where she was at any time of the day. usually i would click on it at night just to make sure that she was home. i did the same for her daughter, arianna, and my daughter, dakota. i usually only would look at it at night. for some reason that day, on wednesday i had looked at her location during the day and she was doing her regular thing that she does, shopping at the belle harbor, and when i looked later on that night, i just kept trying to make it find her. it just kept spinning and spinning saying no location found. it just tore my soul apart. >> i'm so sorry. i mean tell me -- >> and i've also -- >> -- about cassie. i know you have a special relationship and have for decades. you lost -- you lost your own

twin sister in 1991, which i think brought you even closer to cassie. just tell me about cassie. >> yes. well, you know, after my sister, kim, passed away, my mom was having a hard time taking care of us in a sense of being present. and so i took on the role of taking care of cassie, putting ponytails in her hair, getting her to the school bus. cassie was always a big dreamer and she was going to live in new york and she was going to be a model and an actress. you know, she was always a very starstruck young lady. cassie loved a lot of her dreams. she was a model. she did have some parts in a couple of movies. she loved the limelight. she was very, very vivacious and she just had a zest for life. and it pains me that she lost her life for no reason.

>> she sounds like a terrific sister. she really does. >> she was a beautiful, beautiful person. she was the best baby sister. i mourn for her as a daughter, you know, because i took care of her so long. i mourn for her as my baby sister. and i mourn for her that she was my best friend. >> just very quickly, what kind of information are you getting from officials? how are they keeping you updated? >> well, i have a link to the zoom meetings every morning and every evening. i've had a hard time being in communication with my mom and my niece and my brother-in-law due to the cell phone towers being clogged. you know, they just don't have any service. so that's been really hard, not being able to reach out to my family and tell my mom how much i love her and that i'm here for her and tell my niece that i'm

here for her and tell my brother-in-law that i'm here for him. so i think that's been a difficult part of my own processing because i was down in miami, but i wasn't doing well and so i thought i would be better at home. so i've left a lot of those services behind. i have not been able to get some of the services that i truly need here and i've been alone, so it's been really hard with all of my closest family in miami and of course not being able to find my baby sister has been very, very hard on me. >> i'm sure, ashley. i hope they're all watching so they know how much you care an how much you're thinking about them. we appreciate you being with us and know that we are thinking about you tonight. thank you. >> thank you so much. thank you. >> earlier today surfside's mayor discussed the conversation he has had with family of loved ones still unaccounted for. the families, he said, were particularly interested in whether the dogs were being used as part of the search and rescue

mission. they are, he said, and are, quote, very, very active. even during these tough weather conditions we mentioned. >> an interesting question that came up in our conversation was whether or not the winds and the rain are inhibiting the dogs and the handlers told me no. the dogs are not inhibited. as a matter of fact, they practice and they pick up scents from great distances and the winds actually just -- apparently the dogs are able to follow the scents to the destination. so that was good. >> 360's randi kaye spent time with several dogs and their handlers involved in the rescue effort and has their story. >> reporter: these canine search and rescue teams have just finished up a 12-hour shift searching for survivors in the rubble pile where champlain tower south once stood. families are counting on these

dogs to help find loved ones. bodiy, zoey, stone, gunner and the others are all part of florida task force 1. they are built for this sort of delicate work. >> the dogs, the way they move across the rubble, they are very agile. they distribute their weight with four different paws. they don't hesitate like humans do so it's much safer for them to move across the rubble. they don't displace rubble so they won't create further damage to the victim if there's a further collapse. >> reporter: and when disaster strikes, their keen sense of smell gives them another great advantage over their human handlers. the team says dogs have as many as 300 million smell recenptors in their noses compared to 6 million in humans. that saves precious time on the rubble pile. >> their job is not to say x marks the spot. their job is to say, hey, this is where we need to start

looking. this is where we have to start our search and that's where we bring in our tech search guys who will then help to pinpoint -- i know, sweetheart. she's excited. my apologies. they will then work to pinpoint and after that the technical rescue guys will then bring the victim out. >> on the pile, there are two types of dogs. those trained to find people who are still alive, and those looking to help recover bodies. both types of dogs alert their handlers by barking, a lot. we asked them to show us how it's done. >> i'm going to release my dog from up here. he's going to go search for riley. >> reporter: team member riley edgar is hiding behind some bushes. watch out quickly gunner sniffs him out. >> dog coming. search!

>> good job, buddy. that's a good boy. when you're ready, you can let him win. yeah, bud, good job! you found him! here, come here. >> reporter: the dogs do it for the praise, and the toy they get is a reward. they have no idea lives are at stake or that every minute counts. >> everything we do is worth a toy, so they think it's just a big game, you know. the price is right every day for them. >> reporter: the key is teaching the dog to ignore other distractions that may be in the rubble. >> we'll hide different clothes, cat food, high reward items, cat food, meats, stuff like that, to make sure that they know not to alert on those. they're only alerting on people. >> reporter: despite the 12-hour shift, handlers say the dogs never tire of the work. they often have to pull them off the pile and make them rest before their shift starts all

over again. john, getting back to their noses, one team member put it this way. when you and i walk into a bakery, we might smell chocolate and vanilla cake. a dog walks in and smells all the layers of flour, butter, eggs, milk, so that's how critical they are to be working on the pile and how important it is for these families to have them there. >> randi kaye, thanks so much for that. next, i'll ask a democratic congressman about how he feels knowing that only two of his republican counterparts support a select committee to investigate the attack that threatened all of them, democrat and republican alike, on january 6th. also breaking news on charges against the trump organization and its chief financial officer, one of the former president's closest confidants.

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just two republican house members decided today that it's a good idea for them to investigate the single worst attack on american democracy by americans since the civil war. there were police officers attacked that day, one later died. some of those police officers and the mother of fallen officer brian sicknick looking on, just two republicans, adam kinzinger of illinois and liz cheney of wyoming voted with 280 democrats to set up a select committee to investigate the insurrection.

one of those that voted yes, jason crow of colorado. congressman, you took cover in the house gallery during that insurrection. what message does it send that only two republicans voted to establish a celeselect committe investigate what put you there? >> yeah, good evening, john, thanks for having me. it's extremely disappointing. there's really no other way to put it. i guess there's another way to put it but i'm not going to say it here on tv tonight. it's unfortunate that i'm getting used to being disappointed by the gop colleagues in the house. but what i can say is it doesn't actually change anything in terms of what we have to do, what our obligation is. i've always said since day one that our oath and obligations and commitment to public safety, our commitment to democracy, our commitment to rule of law -- we are disciplined, we are focused and we'll get it done.

>> most republicans voted against the independent commission and all but two voted against the select committee. what are they afraid of? >> i think they're afraid of the truth. they're afraid of losing elections. they're afraid of the consequences of what voters will do if they know what happened and who enabled it. and frankly, they should be afraid of that because the truth doesn't look very good. the truth isn't going to help them win at the ballot box because the truth is joe biden won the election. the truth is the big lie is just that, it's a big lie. the truth is these conspiracy theories are wrong and they're dangerous and they undermine our democracy. they're toxic to our rule of law, they're toxic to our democratic process. that's the truth. that's why we're going to have a select committee actually fully flesh that out. those officers, john, you mentioned in your lead-in here, those officers that fought bravely, over 140 that were brutally beaten by that mob.

one who died of his injuries, another one who took his life in the days after the attack. i have actually become very close to some of those officers. i called one the day after the insurrection and i talked to him. he broke down in tears on the phone with me and he said, sir, i fought for an hour. i fought for an hour and the crowd finally overwhelmed me and they pushed me to the ground and just beat me relentlessly. i was covered with bruises and i thought i was going to die and the whole time i was thinking to myself, where are the members. we've got to save the members. he said, sir, i feel like i let you down. i said you did not let me down. other people let you down. you shouldn't have been put in that position. we owe it to that officer and the others to get to the truth and to uncover what happened and why it happened and that's exactly what we're going to do. >> democrats get to appoint eight members, republicans five. do you want one of the democratic appointments to be a

republican, maybe a liz cheney or an adam kinzinger? >> well, you know, speaker pelosi has done a really good job of assembling teams to deal with issues. let's not forget we've done two impeachments now in the last three years. those impeachments have gone flawlessly from our perspective. there were no mistakes. we brought extremely strong cases. it was the senate's problem that they didn't fulfill their obligations of their oath to convict. but i have confidence the speaker will finding the right m to get this job done. >> what about the other side, what about kevin mccarthy and his five members? how concerned are you that he might put a marjorie taylor greene on this committee on someone of that ilk? >> well, kevin mccarthy can do what he wants to do. you know, that's obviously what he's going to do. if they want to try to make this into a circus or a clown show, you know, we can't prevent them from doing that. again, what they do does not

dictate what we do. our obligations and our duties are very clear. i've taken many oaths in my life. i was an army ranger. i served this country at war three times. i took another oath when i became a member of congress. that's the oath that we will fulfill. it does not change, depending upon what other people choose to do with their oath. we'll get the job done. >> congressman jason crow, we appreciate you being with us tonight. thank you. >> thanks, john. we do have still more breaking news now. two sources tell cnn this a grand jury in the manhattan d.a.'s investigation into the former president's name sake company, that grand jury has returned charges. again, there are now charges. they do at this moment remain under seal. it's expected to be against the company, the trump organization and allen weisselberg. we cannot ascertain yet, we do not know yet the specific charges. however, sources familiar with

the investigation previously told cnn that they believed the charges would involve tax crimes, specifically connected to perks and benefits. this is one of two major investigations out of the new york -- out of the state of new york focused on the former president's company. sources tell cnn that weisselberg is expected to turn himself in to prosecutors tomorrow. let's get perspective now from norm eisen, former council to house democrats during the former president's first impeachment and a cnn legal analyst. so, norm, tomorrow they'll be unsealed. we won't know until tomorrow who those charges are. they'll be unsealed then. what do you make of this moment? >> well, john, thanks for having me back on the show. it's an inflection point in donald trump's long-running battle. it's been going on for decades with the rule of law. some are minimizing these charges. while we have to wait until we see the indictments, it appears that they are serious ones.

if as is alleged there's tax fraud based on fringe benefit abuse, that's a serious matter, potentially felony, multiple felonies, jail time for individuals, large fines. and most of all, the most ominous words in the whole investigation for donald trump are that the investigation continues and reportedly when the lawyers asked about trump, the response was along the lines of he's not being charged now, john. so as i wrote in a new brookings report this week, he's at substantial risk in what lies ahead. this is the beginning. far from the end. >> is there any precedent to a former u.s. president's family business being hauled into a criminal court? >> there's no modern precedent for this. there have been allegations, some that have come out later about the business dealings of

former presidents of both parties. but we've never seen an event like this. again, the opening salvo prosecutors have reportedly made clear they are going to continue to investigate. and that means that donald trump is at substantial risk, including if mr. weisselberg decides that the possible prospect of jail time isn't appealing to him and he cooperates with prosecutors, acts as a sherpa, as a guide. >> right now there's no sign, though, that he is going to cooperate. he's not cooperating yet, and we don't know that he will. what do you say to those, norm, because you raised this point. we expect these charges to be focused on perks and benefits. you know that there are those that say these aren't the types of things people would be charged for under different circumstances. what do you say to that? >> john, with respect to the charges, let's look at the indictments, let's see what is

charged, let's look at the seriousness of the behavior, the amounts of the alleged abuse, how many individuals are involved, and then we'll see how serious it is. whenever you have the words "felony tax fraud" that is not good news. and as for mr. weisselberg, you know, trump's former campaign manager rick gates hung tough for a while. he ultimately decided after the prosecution started that he wanted to cooperate. so there are precedents for people. i've seen it happen often in my 30 years as a criminal law practitioner, john. people crack under this pressure. so there's much, much more to come before we form those final judgments. >> just to reiterate that point, you're saying he hasn't cooperated yet but you think that once these charges are brought and it continues, you think he might?

>> i won't predict what mr. weisselberg will do, john, but i will tell you that i've seen defendants and represented defendants in this situation over the past three decades, and we know from the recent history, the trump scandals of his administration, that others in a similar position have decided to cooperate. so this is clearly a decision by the prosecutors to go after behavior that they believe are serious violations and also to apply another degree of pressure to mr. weisselberg. it will be very interesting to see if he's charged, again, we don't have the indictments yet, if he's charged, it will be interesting to see how he with stands that crushing pressure. >> it will be fascinating to see. again, the indictment's in. that's the breaking news. sealed until tomorrow. we'll learn much more then. i expect we'll be talking in the near future. norm eisen, thank you very much. >> thanks, john. so the rise of anti-semitism

here in the united states, and actual physical attacks. this assault kept on camera at a sushi restaurant is just one of many examples. what we uncovered, next. for people living with h-i-v, keep being you. and ask your doctor about biktarvy.

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the rise in anti-semitism in the country has reached what the

anti-defamation league calls historic levels. tonight, we begin a 2-part investigation in to why it's happening and what is behind it. >> reporter: a man was stopped at the door of a synagogue and then he left feces outside and spat at a menorah, and jewss are the most hated group in america, says the fbi and it's getting worse. >> we have seen a large increase in hate crimes, many targeting jewish and asian pacific isl islander communities. >> i notice you are wearing a -- >> i'm terrified to wear it outside. >> do you? >> no.

many have said that jews have too much power. >> you are dealing with 10s of millions people with a an anti-semiticed as. >> most forms of prejudice that we study are higher among older people and lower in younger people. >> jews sought out by young pro palestinian men. >> men in the cars got out. started to run toward the tables and asking who is jewish? >> reporter: a yjew brutally beaten in times square. >> can kick me, mace me, i'm trying to be macho and you know,

not let it affect me, but it does affect you, when you are alone and nothing on your mind. >> reporter: some jewish college kids after a barrage of hate this spring in the war between israel and hamas, now scared to go back to campus. are you scared? >> yes, i mean -- why is. and i try not to be. >> reporter: julia found an instagram forum and gathers tales like this. >> somebody drove by slowly and rolled down her window and while filming me, started to yell out -- >> it's spread far and wide like never before thanks to social media. >> if adolph hitler had an instagram account, the public would have been convinced sooner. >> i saw a post that 70% of

palestinian children are -- it's no what people are doing. >> reporter: some calling out posts that they see as an anti-semitic, where do the jews go? she posted this. charged language said it's not about hate and the history actually dates back over 2000 years. >> you can't learn history from instagram. >> reporter: so some are calling out member-s or the squad for this, and this. it was tweeted that the black and palestinian struggles for lib ragz are interconnected and said this about u.s. military aid. >> instead of funding a military that polices and kills

pales palestinian, i have places where the money can go. >> reporter: they say they stand get all forms of hate and are legitimately criticizing the israeli government. others are seeing them using the jews as scapegoats. >> you make jews, as a collective, the face of what you don't like. that is how anti-semitism and atrocities against me people have begun. >> it's never about the conflict. >> reporter: okay. >> people in different groups

opp point to jews with too much power in finance. >> reporter: american yjewss ar suffering hate from many sides. >> jewish americans can feel, how do i say it right? they can feel squeezed. >> reporter: stones were thrown through synagogue window ones. a young black man arrested. this man is seen as fueling anti-semitism in the black community. >> i'm here to separate the good jewss from the satanic jews, yes, yes. >> reporter: and the research shows one group is higher. on the left, it's largely the young, the man use a -- accused

of firing on a synagogue. 19. our previous president trivialized anti-semitism. you are not going to support me because i don't want your money. >> he said this outloud. >> fine people on both sides. >> jews will not replace us! >> reporter: they won't. roughly 7.5 million jews in america and 175 million white christians. >> it's education. it's critical. >> reporter: 19 states require the lolocost be taught. >> there's some that in may have been a world war ii veteran and it's gonna way. >> security stepping up in the jewish community. volunteers being trained to

protect their communities. >> people that do such things they are motivated by a strong feeling of hate. of obviously ignorance as well. my question is what happens next. >> i have never met the people, i don't understand why they hate me so. i did not wear any israeli flags. >> there's many jewss that are ready to move to israel because they see the writing on the wall here. >> it seems like a small thing until they grow up. >> let's end where we started. florida. hitler was right, a sickening sentiment gaining traction in america now in 2021.hearer that what happens next. had there been other countries that saw the rise in anti-semitic attacks? >> reporter: yes, listen, ait's been around for 2000 years and

in america, they are saying it's feeling like europe, and that is a bad thing. in europe, they have seen an uptick in incidents and attacks. germany, parts of germany in 2020, up 30%. so, we to not want on to be like europe. and apparently we are getting there. >> nick thank you so much for that report. the news continues so let's hand it to cries for cuomo prime time. >> thanks, chris, we have breaking news. the manhattan grand jury has returned indictments. they will be against donald trump's money man and the trump organization. criminal charges. the specific charges are under seal so we don't know the details. sources say weisselberg is set to turn himself in tomorrow morning. there's no charge currently against the former president. one was not expected at this point. this would be the first criminal charge against the company not to mention the former

president's money man.