it's the top of the hour on cnn newsroom. i'm alisyn camerota. >> i'm victor black wellington arch. this is their last chance to vote. as of one hour ago more than 800,000 people voted. so far that's from the secretary of state's office. republican herschel walker is challenging incumbent raphael warnock and democrats are hoping that warnock can hold on to the seat and give them a two-seat majority in the senate. >> even one extra seat would give them significant governing advantaging and also take away the leverage of moderate democrats like joe manchin and kyrsten sinema in fights over legislation. dianne gallagher is in fulton county, georgia. what are you hearing from voters today? >> reporter: you talked about

that 800,000 votes already on this election day. the secretary of state's office says that's probably a conservative estimate and the good news has been this sort of smooth rollout of election day voting across most of the state. here at this location in southwest atlanta, we've seen people coming steadily dut the day but their wait times are about one to two minutes and that is roughly the state average right now, around 2 1/2 minutes according to the secretary of state's office. no more than 20 minutes at this point even in the worst parts of the state. a lot of that has to do with the fact that people came out and did early voting. more than 1.85 million early votes cast already and when we talk to voters, they talk to us about why it was so important to come out yet again for an election in georgia and why they decided to actually vote on election day. what made you vote on election day instead of early voting. >> the nostalgia of it all. i wouldn't want the other person

to think that they were going to get it so i just felt like today to be here to give warnock this, to be a part of this, it meant a lot. it meant much more today than it has in any other previous runoff election. >> i was going to vote rain, shine, sleet or snow today. my pastor asked sunday, who did the early vote? i was so embarrassed because i couldn't raise my hand. >> but she got her vote out today. made her voice heard. now, look, there were a couple issues across the state which means the polls will be open even longer in two counties in walker county at a precinct, something the secretary of state's office described as human error will mean that a poll will stay open until 7:30 today and in gwinnett county there will be one that stays open until 7:08:00 p.m. if you are in line at 7:00 p.m. when the polls close you stay in line and you can vote. >> so when the pastor asked who

voted, this upcoming sunday she can proudly raise her hand. dianne gallagher in atlanta, thank you so much. cnn's john berman is standing by at the magic wall. so where does each candidate need to perform well? maybe as good as they did in november or better. >> reporter: look, it's pretty obvious for raphael warnock where he needs to perform well. these are the results from one month ago. you can see the blue areas, the atlanta metro area around savannah and around columbus, the more urban areas or suburbs in this case and to give you a sense of the margins, right, talk about fulton county, the biggest county in the atlanta area. you can see he won 73% to 24%, a 200,000-vote margin there. in gwinnett county nearby, 50,000-vote margin, dekalb county, 210,000-vote margin, 84% to 14%. that's where he needs to perform well. for herschel walker, it's a little bit of a different situation.

what he needs to do, i'll show you. he trailed by 37,000 votes. it's not that much. 1.9 million votes for herschel walker, if you look at brian kemp, the republican gubernatorial candidate, he got 2.1 million votes so he got 200,000 plus 200 -- a bad plus sign, plus 200,000 more votes than herschel walker did, so for walker, he's got to do or try to do what brian kemp did, where can he do that? well, in places like cobb county where is right next to fulton county, now, cobb county has voted democratic the last two elections but used to be a republican area. suburban republican area. you can see walker got 40% there. but brian kemp got 47% there so herschel walker needs to make those margins better and i pointed out to you and i'll show you again, i like this fact, there are three counties that voted for raphael warnock, the democrat, for senator and voted

for brian kemp the republican for governor, jefferson county, sumter county and clay county here. these are not big counties, i will show you the margins here. you can see 572 votes to 528 votes, but something we can look at as a bellwether as this night progresses, guys. >> every vote counts apparently and, john, very quickly, 800,000 people have already voted today in georgia so the day of voting and what's the context based upon november? >> yeah, i was just looking at that. we have 800,000 in person today, 800,000 in november there were 1.6 million, okay, so it's hard to know. are we halfway done? are there more than half the votes left? i will say the early vote this time is 1.8 million. last time the early vote was 2.3 million. so the issue is, will that election day vote which tends to skew republican these last few elections, will that get bigger? we have to wait and see. >> berman, thank you very much.

let's discuss with politics reporter from "the atlanta journal-constitution" shannon mccaffrey. thanks for being here. what are the factors that you think are driving georgians to the polls today? >> well, i think, you know, the factors are different for the different candidates. i think, you know, some of the folks coming out to support herschel walker, you know, are looking past some of his flaws and some of his gaffes and other issues, because they simply want another republican vote in the senate. so i think in some ways while some of them really like herschel walker, i think there's a significant number who are holding their nose a little bit and just trying to give mitch mcconnell an extra vote. i think it's similar with raphael warnock. people are, you know, looking -- he's been makes the case 51 is better than 50. but folks who are supporting raphael warnock tend to be talking a little bit more about his character, his personality, you know, the lack of scandals surrounding him compared to herschel walker that he's just, you know, in their mind a

superior candidate when it comes to his -- him as a person. he is also really pushing, you know, many of the issues that herschel walker hasn't even talked about, so, you know, it depends on the voter. but i think they're both, you know, turning out for various different reasons. >> so, shannon, which counties, which demographics will you watching tonight to get a clearer picture of the political landscape across georgia? >> yeah, that's a great question, i think it's a matter of we'll be curious to see how the black vote turns out. you know, the black vote is critical to democrats winning in georgia, so, you know, if we have a high black turnout that is really good news for raphael warnock. you know, and in terms of turnout also looking at fulton, dekalb, cobb and gwinnett county, metro area counties with large, large numbers of people. you know, it was interesting because herschel walker spent a lot of his time yesterday, the

day before the election up in the north georgia mountains. those are tiny counties, they don't have a huge amount of people but he really needs those folks to turn out for him and, you know, yesterday he was also in cobb county as i think john mentioned, you know, which is interesting because brian kemp did overperform him there and i think he's really hoping that even if he doesn't win cobb county, he could perform a little better than he did last time. >> and, shannon, we keep hearing about the youth vote, that gen-z, so the new voters, people who haven't, you know, who may have just turned 18 say that they're really activated this time. >> yeah, so the early voting actually showed that the largest, you know, the largest group of voters were older, 45 and up. the youth voters did turn out and i think slightly better numbers during the general election. i can tell thaw raphael warnock has really been making a play for those voters. he appeared sunday at the university of georgia. he appeared yesterday at georgia

tech. you know, really trying to rev up those voters. they tend to be a little unreliable about turning out but he is definitely pushing that particular demographic, again, i think a turnout, a large turnout by youth voters again i think would help raphael warnock. >> stopped by killer mike's barber shop with d-nice as well at the last day of campaigning. let me ask you what john mentioned, this deficit of 200,000 votes between walker and kemp in the general. is there any indication thus far, of course, we'll get the ultimate answer tonight about how much kemp's ad, kemp campaigning with and for walker has helped to try to close that gap? >> boy, that's the really good question and one we'll be watching closely. kemp got about 200,000 more votes than walker did. i think for us, the question will be, you know, whether those voters turn out. you know, whether they'll, you know, turn out and vote for warnock, whether they'll stay

home. you know or whether they'll switch their votes. it's hard to say right now which direction they're going to go. anecdotally i've talked to some people who voted for brian kemp and raphael warnock who intend to come back out and vote for raphael warnock but, you know, that's anecdotal. brian kemp's ad is definitely helping herschel walker but i don't know if all of his support is just transferable to herschel walker. i think there are also some people in georgia who are just tired of elections and may just be a little wary to come back out and vote but certainly brian kemp's support has helped but i'll be curious to see if herschel walker really, you know, can get some of those voters in his corner. >> all right, we'll watch it together. shannon mccaffrey, thank you. cnn's special live coverage of the georgia runoff starts at the top of the hour. we're all following new developments in the investigations into efforts to overturn the 2020 election. the house committee investigating the insurrection

says they will make criminal referrals to the justice department in the coming days. and the justice department's newly appointed special counsel has subpoenaed local officials in wisconsin and michigan for communications with former president donald trump and members of his 2020 campaign. cnn's evan perez joins us now. what do we know about it. >> reporter: this is an investigation that we know has been taken over by jack smith, the new special counsel and as you know it's looking into the efforts to impede the transfer of power after the 2020 election and so you have now these officials in dane county and wayne county in michigan, in wisconsin as well as in milwaukee who have received these subpoenas from the justice department signed by jack smith in the last few days, in the last few days and so what they're looking for is communications with a number of allies of the former president, people in his campaign and

donald trump himself. now, we've seen his name and his campaign associated with a number of subpoenas in these fake electors, people that trump and some of his allies were trying to get to cast votes for him if he had been able to overturn the election and remain in power using these fake electors. so the justice department we know has been looking at this and what this tells us, victor and alisyn is that there's still a lot more work that these prosecutors feel they have to do in the coming weeks and months as they try to figure out whether the former president or people around him will get -- will face charges as a result of this. >> evan, thank you for bringing us that development. kevin mccarthy wants to be the next speaker of the house but his path is getting more complicated. his new opponent in the race. next. a man known as the times square killer now confessing to five more murders. the shocking admission that solves decades old cold cases

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kevin mccarthy's quest to become the next house speaker got a little more complicated. andy biggs is challenging mccarthy for the speaker's gavel now. >> cnn chief congressional correspondent manu raju is here now. does it complicate things for mccarthy? >> yes, he has a math problem at the moment and kevin mccarthy needs to figure out a way to deal with that problem. this in the aftermath of andy biggs, the conservative from arizona, who tried to defeat him behind closed doors for the nomination to become speaker last month. but biggs lost that race but he was able to peel away 31 votes away from kevin mccarthy.

in order for kevin mccarthy to become elected speaker on january 3rd he can only afford to lose four votes so if those protest votes, the ones who supported andy biggs continue to support biggs on the floor on january 3rd when they vote to elect the next house speaker that means mccarthy has a serious math problem. behind closed doors republicans engaged in a tense debris and allies called for unity and some detractors said there need to be some changes. >> it's nothing new in our history. this is normal. we're having a debate just like the democrats did last time. there was an enormous discussion heading into the speaker's race in the last congress. >> i think it's a done deal. i think this is all theatrics. imagine a players like this having theatrics before a major vote. it's a done deal. >> so it's not a done deal but could certainly be theatrics. the question is whether biggs maintains this challenge, his candidacy until january 3rd or if they cut a deal in order to

allow mccarthy to ascend to the speakership on that day. at the moment the two sides in a bit of a staring contest as we head into january 3rd and if mccarthy does not get the 218 votes to become speaker it would go to a second ballot, maybe even a third ballot and that hasn't happened for about a century. >> manu, we've heard from the senate gop leader mitch mcconnell about trump's call to terminate portions of the constitution, what did mcconnell say. >> reporter: mcconnell has not yet addressed this subject in the aftermath of donald trump's posts from over the weekend saying that the constitution should be terminated. there's been a growing chorus of republican criticism as they've come back to town and been asked questions about this. this is the second straight week in which mitch mcconnell has criticized donald trump. first in the aftermath of trump having dinner with anti-semites at mar-a-lago and now in the aftermath of this post and i asked him whether or not he could support donald trump if he becomes the next republican nominee in 2024. >> reporter: this is the second straight week you've come out to

begin your press conference criticizing donald trump. can you say categorically that you would not support him if he were the republican nominee? >> what i'm saying it would be pretty hard to be sworn in to the presidency if you're not willing to uphold the constitution. that's what i said and i just said it again. >> reporter: so mcconnell has not yet said he would not support donald trump if he emerges as the nominee. last week i asked the same question in the aftermath of his criticism about the mar-a-lago dinner, also sized up the question there but there's significant daylight between senate republicans in particular and donald trump in the aftermath of these issues. they hope another candidate emerges to defeat him even if they may not outwardly say that, many feel that way. one person that didn't fully weigh in is kevin mccarthy who wants to become speaker, of course, with the support of donald trump. he said he'd support the constitution but he stopped short of criticizing donald trump and has not said much

about his recent post about terminating the constitution at all. guys. >> manu raju for us there on capitol hill. here with us ron brownstein, cnn senior political analyst and scott jennings, cnn political commentator and former assistant to president george w. bush. great to see you. scott, you know senator mitch mcconnell so well. why such a mild response to wanting to get rid of all rules and regulations in the constitution? >> i didn't think it was mild at all. in fact, he was saying what a lot of republicans are talking about behind the scenes and that is when you become president, you have to take an oath and that oath requires you to preserve, protect and defend the constitution. donald trump, i think, violated his oath of office on january 6th and now he's openly saying he's going to violate it again by wanting to throw out the constitution. so when mcconnell says you can't be sworn in as president over these statements he means it because he fully understands what the oath of office is. this is not a mild reaction, nor

was his reaction to trump's dinner with the anti-semites, mitch mcconnell laid down strong markers, i think. >> ron, i just saw your eyebrows hit your hairline. what do you think about what you heard? >> the big takeaway from mitch mcconnell and all of these statements is that he does not rule out supporting donald trump if he's the nominee in 2024. that is the operative words, those are the meaningful comments or lack of comment when manu gave him a very clear unequivocal opportunity to say that donald trump has rendered himself unfit to be president, because he is no longer committed to defending the constitution and, in fact, is calling for subverting it. liz cheney said clearly that disqualifies someone from being president. mitch mcconnell won't say that and whatever other words he kind of embroiders -- >> can't be sworn in as president on these statements. he literally said that today. that's not true. >> no, no, he is not saying that he cannot support him if he's

the republican presidential nominee and until -- and anything else i think other than saying that is really just embroidery and trying to make yourself feel better because that is the issue. would you -- is this person someone who is still fit to be president that you would support as the republican nominee in 2024? by the way, that is the issue, scott, i mean, that -- to tie everything together today, what's going to happen in cobb and gwinnett countys outside of atlanta, places that used to be reliably republican like joe biden campaigning today in maricopa, a county that democrats had not won between 1948 and 2020, in all of these places we saw despite widespread economic discontent a big movement among white collar suburbs away from the trump era republican party because they viewed it as a threat to their rights and to democracy itself and until the party is willing to more unequivocally say it's beyond the pale, i think they will continue to see the kind of results likely tonight. >> go ahead, scott.

>> i just disagree with ron. i think he unequivocally stated you cannot be sworn in as president if you are saying you will not preserve, protect and defend the constitution. it was a very, very clear statement and, by the way, i don't speak for him, only for myself. i do agree with ron on the midterm and everything that happened since should be a wake-up call to every republican that nominating donald trump for a third time is a sure path to losing the presidency one more time so i agree with you on that. i don't agree with you on the mcconnell piece but you're right. these elections have been a real message to the republican party. >> you know, real quick, there were five states that decided the 2020 election by switching from trump in '16 to biden in 2020. they are likely to decide the election again in 2024. if walker loses tonight, it would mean that every trump endorsed candidate for governor and senator in those five decisive states lost. arizona, georgia, michigan, wisconsin, pennsylvania and as

scott said you cannot ask for a more clear signal from the electorate that trump-style politics is unacceptable even when 75% of the country says the economy is in bad shape. that's highly likely to be better in 2024 and if trump's candidates could not get over the hill in these pivotal decisive states in this environment, i mean, what would lead republicans to believe that trump himself could do so in two years. >> let's talk about this race for speaker, andy biggs is now in. is, you know, you can't be somebody with nobody. they now have an alternative to mccarthy. is he strong enough of a candidate that he can gain and hold at least five votes ballot after ballot? >> i mean, i don't know. i mean, maybe but that's akin to just holding the rest of the republican conference hostage. remember, the republican conference met. they voted. kevin mccarthy got 85% of the

votes in the conference meeting to be the party leader and to be the candidate for speaker. so what you have now are a handful of people who are holding the vast majority of the republican conference hostage. they are strengthening the democrat hand. they don't have a candidate that can actually get elected speaker of the house and so when you have a very narrow majority the only chance you have to affect meaningful change is to have party unity. that's what made pelosi really successful. she has had party unity even with a narrow majority these last two years. these saboteurs who are trying to sabotage kevin mccarthy are already throwing into question whether the republicans can stick together enough to actually effect change that conservatives would like so it is a terrible move, terrible look. i currently still believe some of it is theatrical and mccarthy will make it but sends a pretty bad message to the people who just voted for republicans to control the house that this party can get its act together and act cohesively to push for

conservative policy changes. >> yep. ron, scott, thank you both. idaho police say that they are working through thousands of leads and tips in the investigation into the murder of four university of idaho students, the latest from moscow next. and could eating burgers, fries and other processed foods lead to a higher risk of dementia? the ruts of a new study ahead. ♪ ...i'm over 45. ♪ ♪ i realize i'm no spring chicken. ♪ ♪ i know what's right for me. ♪ ♪ i've got a plan to which i'm sticking. ♪ ♪ my doc wrote me the script. ♪ ♪ box came by mail. ♪ ♪ showed up on friday. ♪ ♪ i screened with cologuard and did it my way! ♪ cologuard is a one-of-a kind way to screen for colon cancer that's effective and non-invasive. it's for people 45 plus at average risk, not high risk.

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more than three weeks after four university of idaho students were stabbed to death in their house, police insist the case is still very active and not anywhere close to going cold. >> cnn's veronica miracle is there. what's the latest. >> reporter: victor and alisyn, i spoke with police this morning. they understand the overwhelming frustration with the lack of information that they're able to put out, but they reiterated to me today that they have strong leads that they have been working around the clock and they have information, they just cannot reveal it to the public right now, so that they don't

ruin the integrity of the investigation. they know they soufrndz like a broken record, i feel like i sound like a broken record at this point repeating that same information but this is what they're telling me and they also understand the sensitivity around in that the family maybes are desperate for answers. kaylee goncalves' father said in an interview that he wants to create some kind of reward system so that, you know, they can get more information, more tips, police actually have advised against that and here's why. >> we have a lot of quality leads and so what we do know is that at times when there is a reward or, you know, money offered, that the quantity and quality of tips actually degrade a little bit and so people are trying to provide information that may not even be would be a reasonable tip to see if there's some money available to them. we have almost 50 investigators here on the ground plus all the other investigators throughout the country and so we are making progress. it's difficult for the public to

hear that, i understand, difficult for the families to hear that. but this is a criminal investigation and as we make progress, you know, we can't always provide that information. >> reporter: when steve goncalves has spoken out he's referred to the suspect as a man so i asked police do they know if, in fact, this person was a man? do they have any information they can share? police tell me any information out about the suspect right now is purely speculation. they haven't released any of that information so none of that is coming from the department. but, victor, alisyn, i did get a sense of confidence from police that they are getting information and have strong leads and they are confident they will be able to make an arrest in this case, but, of course, here more than three weeks this community is on edge, people want answers. victor, alisyn. >> okay, veronica miracle, thank you. now to a shocking admission in decades old cold cases. a man known as the times square killer has now admitted to five

unsolved killings. >> richard cottingham who is already serving life in prison pleaded guilty to a 1968 murder and told the court he caused the deaths of four other women. >> cnn's jean casarez is with us now, is it clear why he is confessing now. >> reporter: it looks like that this was heavily negotiated because they charged him in june. they had done some dna testing on 2021 but it's curious because he was convicted of one murder in court. this just happened and he admitted to four others and so they did not take that to trial and that sort of is a sign right there that they negotiated something for closure for the families. now, this is a man that is a convicted serial killer. he has committed multiple murders in new york and new jersey, but this is brand-new because he now has been convicted of another young woman that was in 1968. her name was diane cusick, she was a dance instructor and she

told her parents that she was going to the mall in february of 1968 to buy some new dance shoes. and so she didn't come back home. they didn't know what had happened to her so they got in their car that night and they went to the mall. they found her car and then they found her in the backseat. she was deceased. she had tape over her mouth and her hands were tied. at that point it was unsolved. it's been unsolved since 1968. it was manual asphyxiation, they also determined that, in fact, they were able to take these samples but dna had not progressed to the ability to test them and so they got the lead, 2021 they did the dna testing. last year it was confirmed to a known sample of richard cottingham. now, there were others that as i said he admitted in court that he murdered. we want to show you some of their pictures because these victims are important too. very important. first of all in 1973, sheila

heiman was bludgeoned to death. her mary beth heinz. she was found face down in a stream. now, the same modus operandi, the method of operation, 1972, laverne moye, same area and then rosado nieves was 18 when she was strangled to death. now, there was a press conference yesterday after the courtroom procedure and, of course, there were victim impact statements. i want you to listen to one of them. >> there's been dark days behind us. but today the sun shines brightly because justice has been served. my mother was a person. 23 years old taken too early. left my sister behind and my grandchildren and my grandmother and my grandfather left

holding -- picking up the pieces. >> for 50 years and more these people have families have had to live with this and i told prosecutors he's committed more and they don't know if he's bragging or if it's true. >> wow, what an awful, awful case but thank goodness after all of this time the victims are getting some measure of closure or justice. >> absolutely. >> so you and i have spent a lot of time interviewing and talking to the women who accused bill cosby of sexual assault or rape. now, there's a development. what is hare happening. >> brand-new case, new york, it was filed. it's a civil suit. but it's from age old accusations, right, of the same modus operandi of drugging, sexually assaulting, but comes under new york's brand-new victim survivor's law, in other words, if you're an adult now and you remember sexually assaulted by someone, the traumatic nature of this can take years to develop and to fruition so you're being given one year to file suit and two of

these are actresses, lili bernard, we have known, she was a part of things we have done here at cnn but they are accusing bill cosby of assault, battery, intentional infliction of emotional distress and false imprisonment and want to say he is pushing back very hard saying that this is all false, none of this happened. it's all about the money and they're ready for it because they are going to show that he did not do this. it's too easy to jump on the bandwagon at this point, just filed and we'll see where it goes in new york state courts. >> we talked about the new law in the context of e. jean carroll's allegations against donald trump and her lawsuit against the former president. jean, thank you. >> thank you. okay, president biden is in arizona right now. in moments he will tour a semiconductor plant and later tout his economic plan. a live report from phoenix.

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and pick a plan that's right for you and let's make healthier happen, together. right now, president biden is touring a semiconductor factory being built in phoenix. he's there to promote his economic agenda. >> jeremy diamond is with him in phoenix. what do we expect from the president? >> reporter: well, alisyn, president biden is here to tout the latest installment of billions of dollars in investments in u.s. semiconductor manufacturing. this time from a taiwanese company, tsmc, which is announcing another $28 billion of investments bringing its total investments here in

arizona to $40 billion. and it's just one of several companies that is looking to get a piece of the pie as it were of these $52 billion in subsidies for chips manufacturing that are part of this c.h.i.p.s. act passed this summer. intel investments, ibm, micron, all of these are investments that president biden has been traveling across the country to highlight over these last several months. the president will highlight some of the ripple effects of these investments that go beyond the dollar figures, cleaning company, for example, contracted by tsmc talking about the fact that these kinds of investments create opportunities beyond the industry in which they are based and, of course, this isn't just about economic benefits, it's also about national security, supply chain concerns we saw over the covid pandemic, we all learned how essential these semiconductor manufacturing chips actually are to the u.s. economy and on the national security front, so many of these chips are made in taiwan and, of course, with china ramping up its threats of potential

invasion against the island, that is certainly weighing heavily and that's why you see some of the companies that buy the chips from tsmc represented here today including tim cook, the ceo of apple, he's here talking about the importance of bringing semiconductor manufacturing here to the united states and just finally on the political front of all this, this is president biden's first visit to the state since he became president. he wong the state, of course, in 2020, democrats carried the races for the senate and the governorship here and president biden as he mulls a potential 2024 run, no question these investments, his presence in the state will be crucial to those ambitions, alisyn, victor. >> jeremy, thank you. now to this, your diet linked to brain health. a new study finds ultra processed foods could be raising your risk of dementia. (phil) have i witnessed and seen the impact of whwhat we do?

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a new study may have you thinking twice before eat processed foods. >> the study find more than 20% of what you eat is ultra processed you may raise the risk for dementia and make up more than half of the calories consumed in the u.s. let's bring in now cnn medical correspondent dr. narula. what's the difference between processed and ultra processed foods? >> let's talk about unprocessed. vegetables, fruits, legumes, meats not processed, milk and eggs. ultra processed is the things that we love high in saturated fat. pizza, ice cream, candy. processed meats like sausage.

all of the savory and sweet snacks. a large proportion of the american diet is ultra processed foods and a link there to obesity and cancer but what's not looked at before is link to cog nif decline and what this study tried to assess. >> what did they find? >> they took 10,000 individuals in brazil with a food questionnaire. followed them for about eight years and found exactly what you said is if the diet had greater than 20% of daily consumption of ultra processed foods they were at risk of faster decline. globally and what we call executive function to process information and make decisions. it doesn't take a lot to reach the 20%. that's soda, a cheeseburger and

fries and bag of chips. it's good to be mindful about what we eat. >> thank you. >> thank you. a jury reached a verdict in the trump organization tax fraud trial in new york. cara scanell has the details. what do you know? >> reporter: that's right. the jury returned a verdict, guilty on both counts. that means that the jury after two days of deliberations and four notes today came back with the verdict. remember the two trump organization entities accused to be in a 15-year tax fraud scheme giving certain executives compensation, apartments rent free, private school tuition for allen weisselberg's grandchildren. donald trump former president trump not charged in this case and the name did come out at the

trial including on closing statements. a prosecutor saying that he believed that donald trump had sanctions some of this tax fraud. so now the judge will sentence the company. there's no mechanism to dissolve the company but could face fines as much as $1.6 million. the former president has no personal legal liability but it is a black mark for him, the company that he built from the ground up and comes as the manhattan district attorney's office claiming this as a victory is continuing the investigation into the trump organization which is ongoing for several years is continuing. but today a verdict by the jury. the trump organization entities found guilty. >> just explain to us why isn't

a human being being held account? why not donald trump? >> reporter: this is the way that the prosecutor's office decided to charge the case. they charged the two trump operationn'ties and allen weisselberg. they were hoping to get him to flip, to cooperate and help them on the broader investigation into the accuracy of the financial statements and charged him on this. he pled guilty this year in august to 15 felonies. agreed to testify in this case as a state witness in exchange for a lenient prison sentence. he was on the stand and walked a tight rope giving the prosecutors what they want, telling the truth but walked a fine line saying that he did not conspire or scheme with members

of the trump family. why they decided just to charge him and not other people. but a number of other individuals implicated in this testified before the state grand jury and in new york state if you testify to the grand jury you get immunity. a place where people worked for decades. how many people worked there for more than 20 years. some insiders cooperating. weisselberg was the big fish and the tax returns are fraudulent and received falsified documents to pull off the scheme. >> let's bring in cnn senior legal consultant eli koenig. >> this is a setback for the trump organization. they have been found guilty of criminal tax fraud and a victory

of sorts for the manhattan district attorney. the theory that part of the income for employees including weisselberg paid in fringe benefits. a jury found that that conduct is proved beyond a reasonable doubt. why did we end up with this half measure where the corporation has now been found guilty and will result in financial penalties but no individual will be going to prison beyond allen weisselberg. it's a half measure and not gone all the way. >> is what cara is saying because weisselberg fell on the sword saying that he made the decisions to get the perks? >> what's so strange about the situation is trying to flip him.

that is clear. it didn't work. instead they gave him a halfway cooperation deal saying you can testify about what you did and then testify against the trump organization but not an individual and the testimony at trial cut both ways. both prosecution and defense saw him as a good and bad witness. he said there have a tax fraud and i benefited but then tried to say it is something that i did without the knowledge or the acquiesce of the people that reason the organization. the jury obviously found that his conduct was attributable to the company as a whole. but again the really frankly sun unsatisfying result is him going to prison and no one else.

>> again max fines $1.6 million. cara, the judge will decide the amount. do we know when that decision will be made? >> reporter: the judge hasn't set a date for sentencing yet. this just came down. we expect it to unfold in court right now. whether we know what the sentencing date is we'll let you know. usually down the road. >> a guilty verdict against the trump organization for a 15-year scheme for tax fraud. that's the breaking news. cara, eli, thank you for bringing us that. cnn's special coverage of the georgia senate runoff election is going to begin right now. ♪