a larnell number of pizzas have been seen going to kevin mccarthy's office tonight. easing the hunger perhaps but only adding to the heartburn as he tries to do now what he could not do leading up to three humiliating rejections on the house floor in his quest to become speaker. he's trying again to twist enough potentially untwistable republican arms to win 218 votes when the house comes back into session tomorrow at noon.

just a short time ago cnn's manu raju reported that there would be a republican conference meeting tomorrow morning. that, however, we understand has now changed. i want to go to cnn's melanie zanona at the capitol with the new reporting on that and mccarthy's frame of mind as well. melanie, what have you learned? >> reporter: well, things have not moved in kevin mckarth chriss direction since that third ballot where he failed to get the votes. it's been back to the drawing board for kevin mccarthy and his allies. we've seen supporters going into his office. we're told he has been working the phones. he is still hoping to negotiate and not planning to drop out. but meanwhile, i just spoke to a gop lawmaker, this is some breaking news here, this is a lawmaker who texted me, this is someone who supported mccarthy. they said they had just gotten a phone call from one of the never kevin republicans who is trying to grow their opposition and is trying to get that member to flip. so essentially what you have here is kevin mccarthy in his office in the capitol trying to get to 218 and you have his opposition digging in and trying to work directly against him.

and look, this is one of the potential drawbacks of doing the motion to adjourn. there was a lot of concern initially about whether if they were to send members home about whether the opposition would have time to grow. one gop lawmaker said to me mccarthy sent us home for the night to a pressure cooker and the pressure is against him. so that just really exemplifies where we are right now, anderson. >> so we won't know if -- what way the needle has moved, for or against mccarthy, really until that first vote starting sometime around 12:00 tomorrow? >> reporter: yeah. that's right. i mean, you know, it's what, 9:00 at night at this point and they are still in active discussions. i don't expect a resolution tonight. there was talk about whether they were going to have a conferencewide meeting tomorrow. there's been so much back and forth. they were going to have one, now they're not having one. that is still up in the air. it just shows that kevin mccarthy is really scrambling right now. he doesn't have a clear path forward. they are still trying to figure things out. but it is very possible that tomorrow is like groundhog's day

where we wake up, there's another conference meeting and they have more votes and mccarthy still can't get there. >> it's interesting because there was a conference meeting this morning where kevin mccarthy spoke to members. that didn't seem to actually help him. if anything, it seemed to hurt. >> reporter: yeah, actually, anderson, i talked to some republicans who are supporting mccarthy who said they thought that strategy backfired. and some of the critics walking out of that meeting said exactly that, that they're even more entrenched in their opposition because mccarthy really took his critics to task in that meeting. while there were people cheering mccarthy on and they wanted to see him going after these critics because mccarthy has given them every concession and yet they still haven't given anything in return. so there was a lot of frustration that built up at that point. but republicans said it did not do kevin mccarthy in favors. so it's unclear what a conference meeting would do for kevin mccarthy. i think that's part of the calculation here in them deciding whether to have these big meetings. those are not where negotiations are really had. those are more venting sessions. if there is any progress to be made, it's going to be in those private one-on-one phone calls,

anderson. >> melanie zanona, appreciate it. long day for you. joining us cnn's senior political correspondent and inside politics anchor abby phillip, former republican congressman joe walsh, former south carolina congressman mark sanford and howard dean, former national democratic committee chairman. abby, let me start with you. do you think there's a path forward for mccarthy here? >> if there's a path it's going to be really just a matter of luck and -- it should be noted kevin mccarthy is actually a lottery winner in his teens. so he is someone who knows a little bit about luck. i think tonight and tomorrow is going to be all about what tricksing pull out of his hat and what kinds of concessions he can come up with. and literally i think at this point, though, for these members, the conservatives, the 20 members who have pushed back against him, they're really in a position now where mccarthy is offering them quite a lot. he's offering them extraordinary power, perhaps unprecedented in

the modern history of speakers. and it is a question right now about whether they will take what could be a really good deal. and some of them might not. some of them simply do not like kevin mccarthy very much. but i think that if there are people in the 20 who actually want something tangible, they want rules changes, they want committee positions, they want assurances of specific kinds, they could certainly be in a position to get that. and we will find out over the next day or so how much further mccarthy is willing to go to start whittling this group of 20 down to -- he has to get them down to about four. otherwise, this is not going to happen for him. >> congressman walsh, do you think many of those 20 really do have specific things they want, or just it's personal and they like the position they're in right now and it's not about a particular committee assignment? >> no, anderson, they want a

scalp. plain and simple. they want a scalp. and part of this is kevin mccarthy's fault, but a big part of it isn't. kevin mccarthy, anderson, has never had a core. he has a history of saying anything to anyone. and what that's done over the years is really no member of the republican caucus trusts mccarthy. even people who support him. but anderson, the aspect of this that's not his fault is look, the republican party base is fully radicalized. and republicans in the house represent that radicalized base. this is a long time coming, right? it started with tea party folks like me back in 2010. but this party now is not at all where kevin mccarthy is. he's just so out of touch with it. >> congressman sanford, we heard melanie's report. both sides hunkered down, whipping votes tonight. do you think it a wise decision

strategically to have adjourned? >> no, i think it's a mistake. i think this is one of those nights where you drag folks through the muck of the legislative process and when you're up at 3:00 in the morning people begin to get tired and bladders are full and headaches are there and they're ready to go home, they're ready to get out of there. i mean, you can pick up a couple of votes that way. so i don't understand the strategy of shutting things down for the night and beginning again tomorrow. i don't get it. >> governor, do you think there's any reason democrats should consider trying to help get mccarthy over the finish line? i mean, if the goal is to get to work on behalf of the american people. >> no. i don't think so. i mean, the problem is exactly what congressman walsh said. he has no core. he never has had a core. so i think this is -- i'm the least expert person on this panel regarding this particular matter, never having been through this, and not being a washington politician. but it seems to me that the likelihood is that scalise or

somebody like that, who at least stands for something -- i may not like what he stands for, but he wants to get something done. i think if the present candidate for speaker becomes the speaker nothing is going to get done in the house. he's not going to have a workable majority to do it. i just donate see how this works at all. >> governor dean, it's interesting, though. you bring up the -- he has no core. which is what congressman walsh was saying. even the people who he debased himself to, who he sort of humiliated himself to in order to get something, they even don't like him because has no core. matt gaetz said he had to kind of sell shares in himself. it's kind of a lesson in leadership. >> it is. the big difference between mccarthy and nancy pelosi, nancy pl pelosi had a core and if you crossed it you were going to feel exactly what that core was going to do. you have to have that in a speaker. i don't think mccarthy got the backbone to do the job even if he should get it.

and i don't think he will. >> abby, there's an nbc report saying the former president, former president trump, would not say if he's standing by his endorsement of mccarthy. i don't know that anybody should be surprised by that. but most of all kevin mccarthy. >> yeah, i don't think anybody's really surprised by it. this has been one of those interesting things. when i talk to republicans about this. trump is privately backing mccarthy. he's quietly backing mccarthy. but he's not using the full force of his bully pulpit to really twist the arms of a group that frankly loves him. i mean, these are his people. and he could be doing more and he's not. i thought that his comments to nbc were telling because he doesn't want to be on the side of a loser. and i think what it told me was that he doesn't think that mccarthy is going to pull this out and he doesn't want to be associated with someone who

cannot win. >> congressman walsh, what does this tell you about how things are going to be like in the house in the next two years in terms of just getting stuff done? >> yeah, that's why anderson, this may be a really boring take, but i don't think it really matters which republican ultimately becomes speaker. because the maga trumpist wing of this party, and it's no longer a wing, it is the party in the house, they're going to control the next two years no matter who the speaker is. they want to investigate hunter biden's laptop. they want dr. fauci's scalp. and it really doesn't matter who the speaker is because the speaker's not going to be able to stop any of that. >> congressman sanford, even if mccarthy does ultimately win, he's given away a lot of his power. i mean, he could be challenged at any moment. >> yeah. and to congressman walsh's point, this is going to be a thankless job for whoever get it. you do not have a governing

majority. so who would want the job is probably a much bigger question. and i'd go back to where we are. when you've been three rounds in the vote for speakership, it is not about trading off for a road or a bridge at this point. folks are locked in. they've been embarrassed and pushed and battered and cajoled by their peers. they're worn out. and they get into a locked down position that is very, very difficult. maybe you might peel off five or ten. but to get them to those last four or five i think it's near xwrim possible and would agree with howard's thoughts. >> mark sanford, joe walsh, abby phillip, howard dan, appreciate it. thank you. coming up next the latest on the medical condition of buffalo bills safety damar hamlin. conversation with a friend of his and perspective from former buffalo bills kant coy wire. later the extradition hearing in pennsylvania for the alleged killer of four university of idaho students. what was said and when he's expected to return to idaho. we'll have a live report ahead.

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and head area during "monday night football" led him to collapsing on the field and suffering cardiac arrest. it was an awful moment witnessed by millions. in a moment we'll talk to dr. sanjay gupta about hamlin's condition plus former nfl players weigh in on what they saw -- what we all saw last night. but first we want to spend some time with someone who knows hamlin personally. jordon rooney is his name. he's a friend and marketing representative. i spoke to him before air time. >> jordon, i appreciate you joining us. i know you spent time at the hospital with damar's family. his uncle has just told cnn that hamlin -- that damar had to be resuscitated at the hospital and obviously on the field as well. do you know anything more about his condition, how he's doing right now? >> no, i do not. i've been doing interviews the past few hours. and you know, we're not going to officially comment on his medical condition until we have a major update.

>> how is his family holding up? >> i mean, they are -- they're strong. i mean, they're strong individuals. it's one of the best support systems i think someone could have. and they know damar. so they're optimistic based on knowing their son. >> there's a gofundme toy drive that damar started back in 2020. it's been receiving -- i know you know. a huge surge in donations. can you just talk to me a little about where that's at now and what damar was initially raising the money for? >> yeah, so back when damar was a college student he wanted to have a toy drive, so he started a gofundme. that's before he had an nfl paycheck. and he's had the toy drive every year. this year he actually had two toy drives, one in pittsburgh, one in buffalo. i think when he was injured people were just looking for something to support and that was the only thing that was available at the time. so everyone just started giving to that. so it's not just going to a toy drive. it's going to -- he does a back to school program.

he does a summer program, summer camp. so his foundation, chasing ms foundation really helps to support young people chasing their dreams in pittsburgh. >> you've known damar a long time, i understand. what is he like? what should people know about him? >> yeah, i mean, it's -- you can see even just the response of the people who do know pimm. i mean, this is someone who's selfless. he's charismatic. he's souper caring. he is always looking out for others. it doesn't matter how he's feeling, what went on that day. giving himself to others, making sure other people in the room feel welcome, feel appreciated, feel inspired. that's who he is. he's extremely driven. he has his own brand, his own company. he's always sending me ideas of things he want to do. he has an active mind. and i think that's been a huge advantage for him in life. >> well, jordon rooney, i appreciate talking to you.

and again, i'm sorry it's under these circumstances. >> thank you. >> i'm joined now by cnn's coy wire, a former buffalo bills player who was with us last night when the news broke. coy, you spoke with members of the bills organization tonight. what are they telling you about how everybody's doing? >> yeah, anderson. after speaking with people here within the organization, this team is exhausted. as you can imagine. f physically, spiritually, emotionally, after watching their teammate damar hamlin needing to have his heartbeat restored on the field in front of them. the team didn't land here in buffalo until 3:30 in the morning this morning. and they are still processing what they witnessed. i'm told that they are in a wait and see mode. players, coaches alike. they have no idea what the hours ahead might hold, anderson. and that is a feeling that they do not like. i'm told head coach sean mcdermott may choose to speak tomorrow to bring more context to the situation. but understandably, anderson, he may not be ready. they still have a young man in

critical condition in damar hamlin fighting for his life in the hospital. >> the buffalo bills obviously have very loyal followers and fans. the response to what has happened has been extraordinary. >> yeah. the moment you land here in buffalo in the airport, you're walking through and you see signs and t-shirts that pray for damar. the buffalo sabres playing tonight. the players wearing t-shirts with his number and those same words on it. there were prayer services in both cincinnati and here today in buffalo. all the people speaking today were asked to come and try to give some hope and inspiration in this moment. one of them was joe kelly, wife of bills legend and hall of famer jim kelly. here's a bit of what she had to say. >> coming from a football family and coming from the bills family, we were broken and jim was a wreck. it is family. and damar's family to us. and we consider him a brother.

>> damar's on the minds and in the prayers of so many people here in buffalo and beyond. anderson, i've hard you mention the gofundme. his charity was aiming to raise $2500. it's well over $5 million at this point. that speaks volumes of how people are feeling about this young man. >> coy wire, appreciate talking to you. thank you so much, coy. more on the injuries to damar hamlin. a report on the nfl safety record when it comes to players when we come back. everything you've seen me do was made possible by what you don't see. cause when you're not looking, i goo work.

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again, our other breaking news this hour, damar hamlin's uncle tells us the buffalo bills player is on a ventilator still not breathing on his own. the uncle also told cnn that hamlin, who's in critical condition, had to be resuscitated twice last night after the blow he took during a football game. the injury to hamlin has r. viefd the question of whether the nfl is adequately prioritizing player safety. cnn's sanjay gupta has more. >> other players are holding hands, praying. you can just see the worried looks on their faces. >> this is a brutal sport. and i think people forget that. they look at these players more as commodities sometimes.

>> reporter: it's a sport that's almost been celebrated for its violence. in fact, legend has it that mid-shipman joseph jason reeves, a football star at the u.s. naval academy, was warned by his doctor that another big hit to the head could lead to, quote, instant insanity. but so desperate to play in the army-navy game of 1893, reeves had a shoemaker create the first helmet, a moleskin cap with ear flaps. it was little more than a leather sock over the head, providing little protection. the game graduated from college campuses to form the national football league in 1920. but helmets of my sort wouldn't be required in the league for another 23 years. and it was at least another decade before face masks were incorporated. but even with more advanced equipment the game continued to take a physical toll on players. especially when it came to their heads. >> you know, we hit the head. we play with the head. >> reporter: but in 2002 former pittsburgh steeler mike webster

died it was diagnosed at autopsy with chronic traumatic encephalopathy. the neurodegenerative disease linked to repeated head injuries. he was the first nfl player diagnosed with cte. and those three letters would forever change the game. >> then you can control it. >> reporter: especially for players like former minnesota viking fred mcneil. >> what has it done to you? >> well, the impact is on memory. i meet people and they talk about the conversation that we had, you know, two weeks ago or three weeks ago or a month ago or whatever, and i don't remember. >> if we saw each other again, would you remember me? >> sanjay, i don't know. >> reporter: mcneil died five years after this interview and was diagnosed with cte by dr. bennett omalu, whose character was featured by will smith in the movie "concussion." >> how many blows to the head

does it take to cause this sort of problem? >> it's like asking how many sticks of cigarette are safe. >> right. >> we don't know. >> reporter: the focus on concussions pushed the league to implement over 50 rule changes since 2002, including making head-to-head contact a foul, moving kickoffs from the 30 yard line to the 35 yard line, and introducing spotters to eye for potential blows to the head. but an independent study from 2020 still concluded the new rules, as well intentioned as they may be, have proven to be too weak to make the nfl game demonstrably safer. the amount of time players sat out because of injuries had not changed, they said, between 2010 and 2019. though according to the nfl the league has sustained a 25% drop in concussions each season between 2018 and 2021. >> you're hearing i'm sure from

a lot of players saying are these protocols working, are they doing enough to keep us safe. what would you say to that? >> we try to use every one of these situations as a learning opportunity, as an opportunity to get better, and again to do that in a very transparent manner. >> reporter: this year miami dolphins quarterback tua tagovailoa took a hit and played on despite having an apparent head injury. a few days later he was hit again and concussed. as a result the league updated their concussion protocol, now requiring an even more conservative approach to dealing with concussions. but most everyone agrees with this. going back to the days of joseph mason reeves, rules don't trump culture and history, a history full of big hits and broken dreams. the best you can do is make it safer. but no, not safe. >> what we saw last night was something that we've never seen before. in my 11 years in the nfl i've never experienced anything like

that. and that brings the reality to the sport to life. >> reporter: dr. sanjay gupta, cnn, reporting. >> hamlin's injury, of course, has been a moment of reflection both for his teammates and others who played what's often a brutal sport. perspective now from ben watson, a former tight end and super bowl champion who played across 15 seasons in the nfl. >> benjamin, thank you so much for being with us. what was your reaction to what happened last night? >> anderson, it was shock, like everybody else. i mean as a football player for 16 years in the national football league you're used to seeing injuries. but we had just turned the tv on. my kids aren't quite in school yet. they start actually on wednesday. so we said you know what, you guys can stay up and watch the first quarter. and we turned it on just as the incident happened with damar, and we were all in shock. we were all quiet. then as time went on and the commercial break started to mount we realized this was something that was very serious. >> you know, i was talking to coy wire, who played for the

bills a while ago, last night after this happened, and one of the things he was saying is football's one of the few plofgss where a team -- people pray before they go out on the field because part of it is they know the danger they are facing when they go out on that field. it's not just about winning the game. it's about getting through the game unscathed. and they know how easily something like this can happen. do you think about that every time you go on the field? >> one thing you learn very early in football is that football's 100% an injury sport. and while what happened to damar yesterday isn't in that realm of what most football players would consider to be probable injuries, we understand that these things happen when you have high-speed collisions with world-class athletes. it's something that makes the game exciting but it's also something that makes you very soaper and it's the scary part of the game. and i think what you saw was just the reaction of players when their brother went down, somebody who they've eaten meals

with and they've bled with and they've gone through training camp with and somebody that you truly get to know and get to love. and so that's why you see both sides. like it didn't matter that one team was from cincinnati, one team was from buffalo. when something happens within the brotherhood there's a hurt there. but you know, part of the reason as you mentioned before that we pray before we go out is, number one, for unity. but also we understand that we aren't in control of everything. >> to me it's such a reminder not only of the violence of -- that is at the heart of the game of football but it's the frailty of human life, that somebody in their are prime, an incredible athlete at the top of their game, life can change in the blink of an eye. and you know, and it can for all of us. >> you're exactly right. these times bring us face to face with our own mortality. and we all have a day to be born and we all have a day to die. and so often in between those two points we feel invincible,

whether you're a professional athlete, whether you're at the top of your profession, whether you're feeling healthy, you understand that sometimes there's a reminder that hey, all of us have an appointment with death. but i think after that it also makes us realize where are we. where do our hearts stand? if that were to be us laying on the field or if that were to be us laying in the hospital, what would our next steps be? and so on the flip side it was such a tragic event, there is tremendous opportunity. part of my prayers right now, anderson, is for the players in both of those locker rooms, for the chaplains, who i know very well, who are right now counseling and comforting players who saw a brother in a near-death experience and who was still fighting for his life because the questions about what happens after this life, where will you spend eternity, as you mentioned, anderson, are coming up for all of us not just for the football players but thank god that he provides an answer through his son jesus christ.

>> also it makes one think of what do you -- what would you do differently in your life now if suddenly you knew your end was near. i mean, how does it make you rethink your own life and how you car yourself in your own life? do you think this -- does this change anything about how the game is played or -- it's such a rare occurrence in this particular condition that occurred. but does this change the game in any way? >> i think that remains to be seen. i will say this, though, anderson. every single time there is something having to do with a player's safety or a player's injured in some way, the nflpa, the nfl take a look at different protocols. there is always an ongoing conversation. i don't know specifically how this incident would change. i'm so glad you mentioned what would we do differently in our life. and i can say that for me even

today after watching what i saw last night and even after having conversations with family members it makes you live in the moment. it makes you appreciate right now. it makes you even elevate what we've seen from damar in his toy drives and stuff for kids that has gone through the roof since his injury. it's about making a difference for people right now. and not only speaking to the physical side but speaking to the spirit of every single man, woman and child that you come in contact with. >> yeah. benjamin watson, i appreciate talking to you tonight. thank you. i'm sorry it's under these circumstances, but thank you. >> thank you, sir. more ahead on the idaho quadruple murder case. suspect bryan kohberger will be extradited. the question is when. and we'll show you one of two times he was stopped by police while driving cross-country weeks before his arrest. we'll talk to a fbi profiler also about if the suspect's past might be harder for prosecutors to make their case.

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today we got a first look at the idaho quadruple murder suspect inside a courthouse. as we mentioned last hour, bryan kohberger agreed to be

extradited from pennsylvania to face charges in the killings of four university of idaho students in november. we also showed you newly obtained body camera footage of an indiana state police officer stopping him on an interstate two weeks before his arrest after the murders, completely unrelated to the murder case. it was a traffic stop. here's that again. >> well, that was one of two police encounters that day. cnn's gary tuchman joins us now from moscow, idaho. when do we expect the suspect to be back in the state? >> reporter: anderson, authorities here in idaho and pennsylvania say they can't tell us when the suspect will arrive here in moscow, idaho for security reasons. we do know the rule is he has to be back here within ten days. it's entirely conceivable he could arrive as early as tomorrow. when he gets here, he'll come to this building behind me.

this is a latah county courthouse. it doubles as the latah county jail. this is where he'll be stalg for a while. when he arrives, it allows authorities to finally release the probable cause affidavit, which has not been released publicly. that affidavit will provide answers as to why this man was arrested. right now we are standing literally just over a mile away from the house where the four students were savagely murdered. when the suspect comes here, he will have an initial hearing. he won't make a plea at that hearing. he will be advised of his rights and the protocol of the process. he will then have a preliminary hearing, anderson, where he will then make a plea. this is a death penalty state. prosecutors will have to make a decision whether to seek it. anderson? >> i also want to ask you about the video that we just played showing the suspect being pulled over two weeks before he was arrested. what more do we know about it? >> reporter: yeah, it's so chilling when you look at it in retrospect. but he was stopped twice. and we believe it was within ten minutes of each other by two

different police officers. he was in the driver's seat. his father was in the passenger's seat. it was 15 days before he was arrested. they left from washington state university, where the suspect was a student and a teacher's assistant, which is about 15 minutes away from us here in moscow, idaho just across the state border. but he was stopped twice in indiana. both times he wasn't given a ticket, he was allowed to leave and did not arouse any suspicion. >> fascinating. gary tuchman, appreciate it. thanks so much. more now on the investigation with retired fbi special agent and profiler mary ellen o'toole. she's director of the forensic science program at george mason university. also joining us cnn legal analyst and defense attorney joey jackson. first of all, joey, once the suspect returns to idaho we're anticipating the probable cause affidavit is going to be released. there's a lot to be learned from that document, correct? >> yeah, there's no question about that, anderson. very, very specific things i think with respect to what the police did, or what they unearthed to believe that there's probable cause for his arrest.

like what? like what connection of dna might exist within that household as we look at him there, the suspect, and now the defendant in the case. they did a lot of dna work. i think it will spell out the dna. i think we'll hear something about the elantra with regard to its connection to this particular event. we may or may not hear about something concerning any pre-existing relationship if any as it relates to the victims. there may be surveillance in terms of him -- whether he trailed or otherwise surveilled or looked or did whatever he may have done as it relates to looking at and seeking out these particular victims. there may be witness interview statements. there will be a bevy of information with respect to what led police to believe and are leading them to believe that he in fact is guilty of these murders in idaho. >> mary ellen, is there something specific you'd be looking for in terms of figuring out a motive in that affidavit? >> well, absolutely. i would be looking for all the behavioral information, all the

factual information, and all the forensics and attempt to assimilate those together in order to discern what the motivation or motivations could have been in this case. any crime, even a simple one but certainly one like this that's very complicated, there's never just one motive. there are multiple motives. so i would be looking for all those features to begin to discern what the motives were. >> mary ellen, how -- i mean, his studies and his interest in criminology, would that have helped him in whether it's -- i mean, in planning something like this out? >> two prongs to that question. so for some offenders it could give them almost a false sense of thinking that they know more than what they know. and i've certainly seen that in other cases. on the other hand, there could be information you glean from getting a master's and working toward a doctorate in criminology that can be helpful.

but i will say this. when you are the suspect of a very complicated, very serious crime, now you are the focus of that attention, and so it's difficult to stay thinking strategically like you would as a student as you navigate your way through the criminal justice system. and for most offenders they can't do that. they become overwhelmed and fearful of every step of the road. so it remains to be seen what the alleged suspect's behavior and response will be in this case. >> joey, the suspect's lawyer in pennsylvania says his client, and he seems to be only -- you know, only his client for the purposes of the extradition proceeding, believes he's going to be exonerated. that's what the attorney said. how much do you read into that in terms of what's likely to happen in court in idaho and any subsequent legal strategy? >> yeah, so what happens, anderson, is the defense attorney's job is twofold. number one, to manage the public and really the public relations

aspect of it. the attorney has to project a sense of confidence, a sense of innocence, a sense of you got the wrong guy. number two, with respect to legally, that's going to be predicated not on anything that he says, that is, the defense or the defense attorney, but that will be predicated upon the evidence. if there's dna, why was it there? was there any basis or reason for you to be in that particular location? if your elantra was there, can you explain away why it might have been? is there any alibi that can take you away from this particular incident or event? is there any reasonable or plausible explanation as to potentially it being someone else? and so why do i say those things, anderson? i say them because trials are about specific facts that either connect you or disconnect you from the event at issue. and no matter what bluster or his defense attorney says or doesn't say, let's see what the evidence shows. to your original point, last point i'll make, is the probable cause affidavit when it is released. that will give us a road map into how strong the evidence is.

and then the defense will know what they need to challenge in order to get a not guilty verdict in the event the case goes that way. >> and mary ellen, you were just talking about how somebody who has committed a crime once they're in the criminal justice system it feels differently for them than they had planned. before they get into the criminal justice system, is somebody who has thought out and planned a crime like this, is once they have committed that crime does -- is it often different than they had anticipated? >> if it's the first time they did it, it can be very different. but in the end it really depends on their personality. is this someone that after the case they feel exhilarated, they're glad they committed it, they're thinking through, i didn't make a mistake here, no, this is fine and this is fine? so it really is going to depend on the personality of the offender in terms of what their

reaction is after the crime was committed. >> and mary ellen, we heard from jean casarez earlier that the suspect shared moments with his family in court today, mouthing "i love you" to his family, nodding to them multiple times. is there any rulebook for how people accused of heinous crimes behave in court? is there anything you can read into that? >> no, there really isn't. we've had a range of behavior in crimes over the years. and offenders will come in, and they see their family there, and it makes them feel good, they need the support, they want the support. so they have a response that they will give. in other cases we've had offenders take the respond and get married in the courtroom. we've had offenders pass out and feign heart attacks in the courtroom. so there's no rule book for any of this. >> joey, were you surprised that he didn't fight extradition? >> i was not. especially if he's defending and he says that he's looking forward to being exonerated. it's really difficult to really match that narrative.

you look forward to being exonerated, yet you want to delay your movement to the state at issue, idaho, so that you can fight extradition. so again, that's not to suggest that he's guilty or innocent. we'll see moving forward. but -- and at the end of the day also extradition is somewhat of a formality. are you the person who's identified? if the state who wants you can establish that, can they establish that there's probable cause that a crime was committed? if they can establish that you go. it delays the process but it certainly other than that does not impede the road to justice other than time. so i'm not surprised at all. >> joey jackson, appreciate it. mary ellen o'toole, always. thank you. coming up next an update on the medical condition of actor jeremy renner and the best update possible from jeremy renner himself. ahead. humpty dumpty does it with a great fafall. wonderful pistachios. get crackin'

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into the no-too-distant future of lincoln. ♪ ♪ it's what sanctuary could look like... feel like... sound like... even smell like. more on that soon. ♪ ♪ the best part? the prequel is pretty sweet too. ♪ ♪ >> it's nice to be able to report this next item. an instagram post from actor jeremy reiner. his first since getting run over by a snow plowing vehicle. reiner posted this hospital bed selfie in a brief statement, saying thank you all for kind words. i'm too messed up to type, but i thank you for your love. joining us now a cnn internment reporter chloe knots. what is the latest? >> so, i spoke to jeremy's publicist just as he posted

this update on instagram. and this is what she is saying. she says he's making positive progress, he's talking, awake, in good spirits. as you can see that instagram post. but he is overwhelmed by the showing of love and support, and the family is asking for the continued thoughts well heels. anderson, we know he underwent two surgeries. he had that blunt force trauma to the chest. let's not forget that we learn today at a press conference that snow cat was over 14,000 pounds. so, obviously, he's lucky to be alive. >> we know what actually happened with the accident? >> we do. so, there was a press conference this evening by the washout county sheriff's department, and actually detail what happened. take a listen. >> after successfully towing his personal vehicle from its stuck location, mr. renner got out of his piston bullied to speak to his family member. at this point, it was observed the pistol started to roll. and after to stop the piston bully, mr. renner attended get

back into the driver seat of the piston bully. based on the investigation, it's at this point that mr. renner is run over. >> so, he's lucky that his family members were there. a nephew of his, some neighbors. they rushed to, say they brought him towels. >> he try to get back in it, any got run over by it? >> so, he used the snow cat, that's again, 14,000 pounds to tow a vehicle of his that had gotten stuck in the snow in his driveway. the sheriff says there is about three feet of snow. and like we said last night, there was unprecedented snowfall in the area. so, he successfully removes the car out of the snow. and then he gets off the snow cat to talk to his family member. and that is when the snow cat starts to roll. he jumps up on to it. but then somehow, does not successfully get up onto the snow cat. and it could have crushed him, could have killed him. but like i said, there's some neighbors, some people who rushed to his eighth, called 9-1-1. but here's something interesting. in this press conference, they stated that it took over 30 minutes for police to respond to the scene, due to close

roads, all the tough conditions in the area, and over an hour until he was able to be airlifted to a local hospital. so again, this instagram post from him tonight, this new statement, it's wonderful news. but again, it could've been much worse. >> chloe melas, appreciate it, thank you so much. the news continues. cnn tonight with laura coats is next, right after a short break. ly responds to both of you. our smart sleepers get 28 minutes morore restful sleep per night. proven quality sleep.. only from sleep number.

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- [announcer] do you have an invention idea but don't know what to do next? call invent help today. they can help you get started with your idea. call now 800-710-0020. >> well, good evening everyone. i'm laura coates and this is cnn. tonight and can we just say what a day. it's been a day of chaos on capitol hill. i mean, they voted. >> no persons have not received a majority of the whole number of votes cast by surname. a speaker has not been elected. >> while, and they voted again.