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♪ another night for the history books, with only one thing for sure. the 11th vote was not the charm tonight for kevin mccarthy's bid to become speaker of the house. >> no nominee having received the majority of the votes cast, a speaker has not been elected. >> and with that, the 11th rejection done with about three hours shy of the 11th hour in the third day of his failure to become speaker. the call went up to end the proceedings until noon tomorrow. >> the question is on the motion that the house stands adjourned until noon tomorrow. those in favor say aye -- those -- >> aye! >> those opposed, no. >> no!

>> in the opinion of the chair, the no's have it. the yeas and nays are requested. those favoring a vote by the yeas and nays will rise. a sufficient number having risen, the yeas and nays are ordered. members will record their votes by electronic device. >> the motion to adjourn prevailed. the day ended without kevin mccarthy holding a single holdout. >> kevin mccarthy still believes that there is a path to the speakership, despite losing 11 times, despite seeing the first multiple ballot speaker election occur in a century, and seeing this many ballots since the middle 1800s. he still believes he will get there because behind the scenes

there have been intense negotiations over the last day, negotiations with some of those members who have so far blocked his ascension to the speakership. something he had previously considered a redline, something he conceded on, something that some of his own fellow republicans are concerned can weaken the speakership, assuming he gets there. immediately after the 11th failed vote, he came out. i had a chance to speak with him. we asked him about all these issues. he defended the concessions he's made. he said he will not become a weaker speaker. when he asked him whether this will be done by tomorrow, he indicated it probably wouldn't. >> no, no. i just think we've got progress going on. we've got members talking. i think we've got a little movement, so we'll see. >> have you had to walk back

your committee numbers -- >> i didn't make those. >> was that a mistake to make that threat? >> i didn't make that threat. >> mike rogers did. >> you're saying i made the threat. i did not make the threat. and no members are going to lose their -- >> how long do you think this is going to drag out for at this point? >> i'd love to know. but we're working through it and making progress today. >> with three days into this, this is the longest since the 1850s. >> the longest speech on the floor. apparently i like to make history. >> you're giving one member the power to oust you if you're speaker. aren't you going to -- >> that's the way it's always been except for the last speaker. i think i'm fine. >> you're fine? >> it hasn't undercut the power of all the other speakers. >> but it was used over john boehner. >> i'm not -- it doesn't inherently mean you would be a weaker speaker. >> no. >> the only thing would be a weaker speaker -- i am not a

weaker speaker. >> are you concerned there are four who will never vote for you among the republicans? >> no, i think we can get there. >> are you worried about losing votes from moderates if you give too much away? >> everybody's involved in this. we've got to get there completely. >> mr. mccarthy -- >> can i finish his answer first, his question? thank you. look, this is a new thought we're going have to have. we have a five-seat majority. it's not one side is going to get more than the other. it's the entire conference is going to have to learn to work together. it's better we go through this process right now so we can achieve the things we want to achieve for the american public, what our commitment was. so, if this takes a little longer and it doesn't meet your deadline, that's okay, because it's not -- it's not how you start. it's how you finish. if we finish well, we'll be very successful. >> do you plan to go to -- >> you've been doing this for two months. why wouldn't it be sorted out before january 3rd? >> do you plan to go to

congress? >> thank you for stopping. >> one of the reasons why this is going to take a little bit longer, even if there is a deal that is reached and it appears there is one to be reached with a handful of the holdouts, that does not get him the magic number of 218 votes. perhaps it can bring along maybe ten republican members, but certainly not all of them, which is why behind the scenes there is going to be a furious effort to get those other remaining holdouts to resolve their concerns. and that could take some time as well. and the other complicating factor is several members of the house republican conference have left town or plan to leave town tomorrow because of various family issues and the like. and they won't have the number of votes they need to elect kevin mccarthy speaker on friday. so, it appears very likely that this drags into the weekend, into next week, and maybe longer. >> thanks. now, back with our panel. first of all, if they don't have enough people tomorrow, will they just try to adjourn it first thing when they get together tomorrow? >> i think it depends how many

people they have. what they -- you know, i don't think they're going to jeopardize anything. he's been getting 200 votes. i don't think if he gets 196, so long as the number doesn't drift in a way that hakeem jeffries could win. i think they want the time to continue to negotiate. although i think what you'll find, it's a very awkward day to be going through this battle two years to the day after the insurrection at the capitol. and i would imagine that the nominating speeches for hakeem jeffries are going to very much focus on that anniversary. >> karen, would democrats have an motion to intervene to get kevin mccarthy over the finish line at some point? >> certainly not tomorrow. to david's point, think about what that contrast is going to look like. you're going to have on one side of the screen, president biden, the vice president, a very somber day and remembrances.

then you have the nominating speeches for hakeem, i agree with david. then you've got the holdout. is it five? is it six? is it seven? is it eight? we saw earlier today, biggs doing fundraising emails. they see tomorrow actually as an opportunity to continue to say, we are the ones who are stopping kevin mccarthy. we are the ones who are standing up for whatever it is they think they're standing up for. and again, i think we need to take a step back here. i mean, the other thing -- the reason i don't think democrats can be in a position yet to help kevin mccarthy is, i think we have to acknowledge, this is a complete failure of kevin mccarthy's leadership abilities. the fact that we are being -- you heard him a to manu, we did negotiate. we have been negotiating. and here we are three days later, and the numbers really haven't shifted very much. >> that assumes you have people on the other side that want to negotiate, right? >> exactly.

>> started this a long time ago. >> that's right. >> assuming you have a rational actor sitting across the table from you saying, here's what i offer. what would you like to offer in return? when you say, here's what i have to offer and somebody says, screw you, across the table, you can't really negotiate. that's where we are at some point to. your point, karen, do we actually know the definitive number of people, right? if it's four, five, six, seven, eight? it's a lot of speculation going on. when would kevin mccarthy walk away? we don't know what that number is. if that number is eight people, nine people never going away, he may end up going away a lot sooner. if there are four or five people, kevin mccarthy is never going to go away. he's going to grind it down. >> what's striking is we have only a five-vote majority and that makes it difficult. nancy pelosi had a five-vote majority as well, and there were people who ran pledging not to support her for speaker. as she has over the last two decades, she managed to put the puzzle together. and nobody remembers the speaker's vote from january 3rd

of 2021. >> how did she put that puzzle together? >> person to person, asking people what they needed, what asl asl assurances they needed. she reduced the threshold she needed. she won with 216 votes. the point is, you know, she was a very daft leader. and this is a leadership test for mccarthy. and frankly, he's not doing very well. last thing on this though. we've been beating him up all day because it has been a failure on his part, and he didn't look particularly confident there. when jamie dan gel said, why do people stick with this one man, and when adam said that, the answer is, he's done a lot for a lot of these members. he's raised a lot of money for them. he recruited a lot of them. his pac spent $350 million, his super pac, in these campaigns. that's the kind of -- that currency binds you. so, they may not respect him in

some ways, but they feel some loyalty to him. i think they like him. many of them like him. so, you know, that's why they're not just -- they're not rushing to the doors here. >> just texting with a member who's been communicating with mccarthy since he came out of that meet being the 20. i guess they're producing a document tonight. they're quite confident that a large chunk of that 20 is going to come home. but there's not really a plan for these intrans jens, these people who say they're never evers. the hope would be if a scott perry and a chip roy comes out swinging and says we've got everything we could have ever possibly wanted, that it really puts that holdout group on an island. the trouble is they're already on app island of misfit toys. i'm not sure what putting them on a different island is going to mean to them. that's where we are. there's a plan for some of the holdouts, but there is no plan for the five to eight. >> but, again, you need to know the specific numbers. you've got to know this, know how many there are, and you

develop a plan based on that. the plan for five is different than the plan for eight. >> he must be seeing his life flash before his eyes, because this is exactly what happened in 2015. a group of people in the freedom caucus denied him the speakership that everybody thought he would get. and he spent all these years catering to them and appealing to them, and now he's in the same position. >> everyone stand by. up next a life report from the white house what the president makes of all this. and later the frankly stunning details on the arrest of the alleged killer of four idaho students. i'm about to ask you to donate $20 to charity water. but before i do, i need you to see how your money goes from this to this. welcome to the journey of your donation: a whirlwind tour showing you exactly where 100% of that $20 gs

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some late reporting just in. a source familiar with the matter telling cnn house republicans are scheduled to hold a conference call tomorrow. the source telling us kevin mccarthy and his allies wanted to avoid another in-person conference wide meeting after yesterday's meeting led to tens tensions spilling out into public view. i want to check in quickly on the other end of pennsylvania avenue. phil mattingly is at the white house tonight. what is the view from president biden. >> reporter: the white house officials have made very clear, they don't want to engage on this issue. as the president said several times, this is a republican issue. this is not my problem at this point in time. and to some degree the public actions we've seen from the president have very much tracked with that, holding his normal schedule, trying to really demonstrate on unintentional

contrast on some level that the white house is working on the implementation of the major laws they passed in the first two years, talking about policy issues, laying out in detail kind of a roadmap what the president is going to be doing in the months ahead, as house republicans can't seem to get their act together on the first issue they need to deal with. behind the scenes, officials make clear they're watching this very carefully. you've seen the president go through an evolution of emotions as he's watched this play out. i think there's certainly been a level of confusion, definitely a level frustration, very much so a level of concern, particularly in how foreign countries may be viewing the u.s. and the ability of the u.s. to govern itself, given what we've seen on the house floor. today there was a sense of general befuddlement when he was asked how he was watching things play out. take a listen. >> are you still watching the speaker's race?

>> i'm following with great -- how can i say? >> attention. >> attention. >> reporter: the smile and the laugh saying a lot there, particularly because officials have said he is not amused by this. he does not find it funny, what's been happening now. there's no doubt when you talk to officials, given how this continues to drag on, with no clear end game in sight to get this over the finish line, at some level all you can really do is laugh. >> the is administration saying anything about potential national security impacts or economic impacts the longer this ogoes on? >> reporter: yeah, it's been an interesting dynamic over the course of the last several days as we look at the repercussions of what not having a speaker in place means. national security is one of those issues that's been affected. white house officials have said they've tried to unofficially continue to brief members of congress to ensure that the critical members on the critical committees are aware of what's going on. but there's a reality here. until members are sworn in, they

do not have access to the secure facilities they need to read classified documents, to receive classified briefings at the highest level. some meetings with top military officials and intelligence officials with house republicans have been cancelled to this point. and some house republicans have made very clear their frustrations about that very issue. it's one issue when you talk to white house officials that say it's not a huge problem right now, but if it compounds over time, it could be. more than anything else, they want this to end to some degree. >> phil mattingly, thanks. back now with the panel. it's interesting to hear from president biden. he's obviously an institutionallyist. he served in congress many years. does he benefit from this? does the white house benefit from this from a political standpoint? >> well, look, i think that biden was elected in certain ways as an antidote to the chaos of the bush years because he is an institutionalist and seen as a calming influence. i think democrats did better than expected in the midterm

elections for the same reason. there was a contrast between trump and some of the extreme election denier candidates and biden, as a calmer influence. so, the contrast here, you know, phil said they didn't intend to set -- they may not have intended to set up a contrast. if they didn't, they should claim they did. it was pretty deft to be out there with mitch mcconnell and governor dewine dedicating a bridge. it's pretty deft and appropriate as well to be out tomorrow commemorating a january 6th because it obviously was a hugely important date. but the contrast is going to be clear. and particularly because some of the players in this drama in the house were the very people who were involved in some way in the activities surrounding the insurrection. so, you know, i think that he does benefit from it, but i think he's wise not to chortle about it, not to claim credit,

not to celebrate it. i would say of all democrats. because at the end of the day, i don't think the american people are viewing that is amusing. i think they're viewing it as pathetic. and they don't want people looking like they're seizing political advantage from it. i think setting up a contrast is the right way to go. >> tomorrow there's a conference call in the morning. you said there might be a paper being circulated tonight. >> yeah. >> what's the -- >> well, i mean, the hope would be that overnight, you reel in as many of this 20 that you can get and that when they gavel in tomorrow at noon, there's a vote pretty soon after that that really shows you how much progress is made. >> so, some of the 20 peel off. >> yeah. and then to david's point, then you start to get a real sense of, okay, who are the truly intransient? is that four, five, or eight? how many truly are never going to be persuaded? and then you can stoart to makea

plan from there? how many votes will that take tomorrow? will this document and this conference call and these overnight conversations be persuasive? how many more hours or ballots will they have to go through to get to that point? at some point, you have to get clear on the algebra. how many do i have? how many are for me and how many are give me. that's what we don't truly know inside that deal that's been cut. >> and you're not going to get there because you've four or folks not there tomorrow. >> they will be able to see if there are new -- >> absolutely. but don't expect to see speaker mccarthy tomorrow. >> right. >> at any point. >> but, you know, guys, think of it this way though. for kevin mccarthy, he's going to go through all of this. what's to say that tuesday, wednesday, thursday of next week -- let's say he becomes the speaker tomorrow. let's pretend that could happen, that we're not back here all over again because the one person who decides to say he's out, we don't -- he broke the deal that we agreed to, and

we're not right back here. i mean, it's just that things are so fragile. and, you know, david, you can talk about grinding it out. but, you know, the thing about negotiating with people, right, is the more you're grinding it out, sure, you could be building trust. but you're also eroding trust. you're also deepening the grooves of those hardened feelings of the resentments some already seem to have about mccarthy. i just think it's important we remember while the devil is in the details, in the big picture where we end up is going to matter greatly for this country. >> i don't think you're building trust. i don't think mccarthy is building trust here. >> no. >> i don't think it's a matter of grinding it out. it's a matter of grinding it down. it's a battle of wills. who's going to blink? who's going to bend? we know some people resaren't gg to bend? >> chip roy and his faction to come over, he did build some trust with them.

>> i think more transactional, right? >> that's not wrong. >> you have to trust that the person you're doing the deal with will actually do it. >> they reduced it to writing. it's not a handshake. it's the magna carta. >> i know you all want to stay here much longer. >> please. we'll be here until noon. >> we heard the new year's eve gig. >> thanks so much. coming up, we're going to talk to some of the other major news of the day. talk about the first appearance of the suspect charged in the idaho murders, and newly released evidence authorities say connects him to the killings.

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we have more breaking news tonight. a law enforce. source tells cnn that the lone suspect in the murders of four idaho college students was seen cleaning his car inside and outside, not missing an inch. this was outside bryan kohberger's house in pennsylvania after the murders. he was seen wearing surgical gloves at the time and placed garbage bags in the neighbor's bin. more on that in a moment.

kohberger appeared in a courtroom for the first time. the details of the evidence that led to his arrest on four counts of first degree murder. gary tuchman has been following this for a long time. he has more. >> bryan kohberger, only a five-minute drive away from the crime scene. >> the maximum penalty for this offense if you were to plead guilty or be found guilty is death or imprisonment for life. do you understand? >> yes. >> reporter: charged with four counts of murder, the accused killer with zero visible emotion on his face. just before his initial court appearance began, the unsealing of the probable cause affidavit with disturbing and potentially damning information. >> there was other people home at that time. >> reporter: we've known two other roommates were in the house on the morning of the murders. it was a mystery whether anyone saw anything. now we know. she was in her room and heard

crying. the affidavit has this disturbing detail. she opened the door for the third time after she heard the crying and a figure clad in black clothing walking towards her. she described the figure as 5'10" or taller, male, not very mass cuellar, but athletically built with bushy eyebrows. the male walked towards the backsliding glass door. d.m. locked herself in the door after seeing the male. d.m. did not state that she recognized the male. earlier when d.m. heard crying from one of the rooms, she heard a male voice saying this to the effect of, it's okay, i'm going to help you. it's not clear if the intruder ever saw d.m. d.m.'s description helped provide valuable information when police found the hyundai elantra 15 minutes across the state line in washington and learned the owner matched that description. and the affidavit has this

chilling set of details. the police officer saying as he entered the bedrooms, i could see two females in a single bed. both kaylee conical ves and madison mogen were deceased. i saw what appeared to be a knife sheath. the sheath was processed and had k bar, a company that makes military and tactical knives, usmc, and the u.s. marine corp. insignia stamped on the outside of it. the idaho state lab located a single source of male dna left on the button snap of the the knife sheath. last week, recovered the trash from the kohberger residence. dna from kohberger's father was retrieved. police say the father's dna proved what they found in the murder house is the son's dna. police have determined the murders were carried out between 4:00 and 4:25 a.m. a review of footage from multiple videos obtained from

the king road neighborhood showed multiple sightings of suspect vehicle one. upon review of the video, there are only a few cars that enter and exit this area during time frame. while details on the affidavit are specific, it's still not clear if police know of a motivation of the killings or if the accused murderer knew any of the victims. it appears the accused murderer taergted this house. between june and the date of the murder in november, kohberger's cell phone signal was received 12 times near the house of the victims over a period of five months. all of these occasions except for one occurred in the late evening and early morning hours of the respective days. >> we are adjourned. >> reporter: these details only add to the pain of the victims' family members, some of whom were in court for this hearing. >> it's obviously an emotional time for the defefamilies seeine

defendant for the first time. the family will be here for the long haul. s gary, the details in that affidavit are really stunning. it seems like he, i don't know, if stalking is the right word, but certainly casing that property for a long time late at night and the early morning hours over the course of several months. did anything else stand out to you in the affidavit? s there is a detail, anderson, that stands out to me. that's this. according to the affidavit, police say kohberger's cell phone signal was again detected five hours after the stabbings in the same neighborhood where the house is. basically the inference is that the alleged killer went back to the house after the sun came up. >> wow. >> anderson? >> that's something. gary tuchman, appreciate it. joined by mary ellen o'toole, legendary profiler, also john miller. john, some of your reporting, we want to start with that. we mentioned in gary's report about what the suspect was originally doing in his family's

home in pennsylvania. it involves garbage bags. what have you learned on that? >> just to give you context, anderson, you've got the pennsylvania state police and fbi surveillance team in a rural area where it's hard to do surveillance because strange cars would stand out. so, they're watching the house from a distance. what i'm told by the law enforcement sources that kohberger comes out a number of times. he cleans the car extensively, almost as if, you know, you were going to clean it to sell it as a new car. inside, outside, every inch of it. and during much of these trips and outside the house, the sources say he's wearing surgical gloves. this is what they're revealing the surveillance. there's a period he comes out at 4:00 in the morning with two bags of garbage, walks by their own garbage, and puts it in the neighbor's bins. when they did the trash cover to recover his garbage, they took that as well. that is the search that led to the recovery of dna, which then

matched to the sheath and the knife in the aftfidavit. >> and if you can tell it was the son, which you and i have talked about, can be controversial. >> it can be. there's only 12 states that allow that as that kind of evidence. but that was to reach probable cause. the first thing they did when that s.w.a.t team went through the door and took him into custody was they had another search warrant, which allowed them to take hair and swabs and collect his dna from his person, which is now in the process of being matched in that lab. so, they're going to get from a highly probable statistical answer to one that's going to be fairly certain. >> also, john, we've been waiting for more than seven weeks for the details we've learned today. what do you make of the evidence, the timeline of the investigation? >> so, that's really interesting, anderson. people have been talking about, why did this take so long, when actually if you look at the timeline, you can actually see a process. let's walk through it for a second. november 13th is when you have

the murders. and that is the starting point for police. ten days later, they get the dna confirmation. november 25th, they've now looked at the video and they know they're looking for a white hyundai. coberg's car is located at washington state university and he becomes a part of the focus because of the car. once they have the cell phone profile on him that shows he's been in the neighborhood, and that's december 7th, he becomes of high interest. by december 23rd, they see that kohberger's cell phone has been hitting near the crime scene. december 28th, they get the dna match. december 29th, they make the arrest. what you see is while police weren't telling us a lot and they were asking for the public's help and they were going out to the media every couple of days with an update, there was a lot going on behind the scenes between the moscow police, a small department that doesn't have a lot of experience

in homicide, the homicide team and the fbi, which brought great resources in terms of cell phone tracking, video analysis, profilers, and so forth. a lot of work went into this. >> maryellen, what stands out to you? >> well, several things stand out because they come together like a puzzle. and the first thing is that we've all been commenting on the fact that here's a phd studying in criminology and he left behind a very significant piece of evidence from which they were able to extract dna. then you have the information from the cameras, and then you have the information from the cell towers that pinged on his phone. these were mistakes that are not consistent with somebody that is smarter than everybody else and knows more than anybody else. so, you know, i think it puts into perspective, for me, that just because you're studying for a phd in criminology does not

allow you to commit the perfect crime. the forensic and behavioral evidence was there, and they discovered it. >> the returning -- what seems to be -- i don't know if it was returning to the scene or staying in the area, the cell phone ping that gary tuchman talked about several hours after the murders were committed. what do you make of that? >> well, looking at that in connection with some of the other things that have surfaced on this case, originally you could look at it and say, it's naivety, it's lack of experience. and it could be some of that. but i also think it's a sense of arrogance. and i also think it could be a sense of, i'm smarter than the police and they're never going to be able to tie me to the case. and that will remain to be seen based on his behavior in the courtroom. but i do think that arrogance is really bleeding through in a variety of the photographs that we've seen and in the videos that we've seen on him.

so, again, it depends -- it really is going to come down to his behavior in the courtroom. >> mary ellen o'toole, thank you. coming up more on this case, a former defense attorney examines the evidence against the suspect and discusses how solid the case may be for prosecutors.s. at adp, we understand business today looks nothing like it did yesterday. while it's more unpredicble, its possibilities are endless. from paying your people from anywhere to supporting your talent everywhere, we use data driven insights to design hr solutions and services to help businesses of all size work smarter today. so, they can have more success tomorrow. ♪ one thing leads to another ♪ this is how tosin lost 33 lbs on noom weight. i'm tosin.

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i want to look more at the evidence our gary tuchman reported on earlier that led to the arrest of briyan kohberger n four count of first degree murder. the affidavit, which was just released today, describes dna found on a knife sheath at the crime scene. a surviving roommate described the suspect and the suspect's phone pinging near the home at least a dozen times. senior analyst, ellie hoenig. they have the familial dna tied to the crime scene, phone records, vehicle matching the make and model seen near the

crime scene. what do you make of this as a case for the prosecution? >> well, anderson, if there's more than enough evidence to justify this aestrrest, and i believe there's enough to convict here. this is a powerful document. the star witness is the dna. the cops have been able to accomplish by a 99.998 that the dna they found at the crime scene on that knife sheath is this suspect's dna. they did that connection through the dna of the father, which they recovered in the trash. as john miller said, they have the suspect's dna, and they'll test that. if that's a suspect and it's at least 99.9998% likely, we'll have essentially a 100% match. on top of that, there's the corroborating information related to the car, the cell phone, the bizarre movements of throwing out trash in someone else's cans at 4:00 in the morning. i would be confident as a prosecutor. >> joey, what do you make of the charges the suspect is facing

and potential defenses? >> there's a lot to overcome, there's no question about it. in addition to what ellie rightly points out. the affidavit speaks to the shoe print that is in the direction of his movement that apparently a person, an occupant of the premises saw him, and the mask, et cetera, the bushy eyebrows in addition. they're going to test that shoe print. in addition to that, apparently he switched the registration from pennsylvania to washington only days after. so, what is that about? is that conscious? and then you have from a defense perspective, there's going to be an attack on the dna. how did the dna get there? when did it get there? was it contaminated in any way? defense will concernly be looking for that. cell tower and whether or not the pings were appropriate or whether or not they can be scientifically proven not been

his. so, there's no question. this is a very powerful case, and i think the defense has their work cut out for them in term of really whittling away the compelling and damning evidence that exists. >> ellie, just so i'm clear, this information comes from the unsealed probable cause affidavit. that's not all of the evidence investigators potentially could have collected so far, right? >> you're absolutely right, anderson in two respects. first of all, you want to put enough in the affidavit so you can accomplish the probable cause that you need for an arrest. sometimes as a prosecutor or a police officer, you hold back certain pieces of evidence. you may not want to reveal them now. the other thing is we used to say, your investigation continues until that jury comes back with a verdict. so, i assure you they have much more work that they will be doing to further fill out this case. >> also, joey, because there's still a lot we don't know, namely the suspect's relationship or imagined relationship or attempted relationship to any of the victims or motive, there could be other missing pieces that

fall into place at the preliminary hearing next week or in the course of the ongoing investigation. >> yeah, very true. if there is a hearing, whether it's waved or not, we do not yet know. but make no mistake about it, and without question, we will be even surveilled now. anything that he says, potentially in prison, that will be recorded. is there other information that will come out? why was he surveilling them apparently, and why was his car noted around the location they were for the time frame in which it was. we don't know everything. but i can tell you that certainly an affidavit is a bare bones document. what i mean by that is you simply need to accomplish probable cause. what does that mean? reason to believe that a crime was committed and he committed it. it clearly does that. to your question, anderson,

which was a very good one. the reality is that there is much, much more. just like the police were not forthcoming with the public, for good reason. you want to protect the investigation. i'm sure there's a bevy of other information that may connect him to this days, establish his guilt, and cut out a lot of work for the defense to do in demonstrating he is not guilty. >> is find ago i motive essential for prosecutors? they like to have a story go with evidence. >> there's an important dichbs between intent and motive. you do have to prove intent, which is the person intended to kill. you do not have to prove motive. you would like to show the why, the motive, but you don't have to. sometimes you can't. sometimes the motive inexplicable, by star. they hint at the motive. they talk about how they use the phrase stalking in the affidavit. dough not have to show motive. it's good if you can, but it's not required. >> elie honig, appreciate it. great news we want to share regarding the health of buffalo

bills safety damar hamlin after took a hit monday playing football. dr. sanjay gupta joins us next with the details. ♪ so let's get it ♪ ♪ i'm feeling good v vibes ♪ [ melissa ] you hear about cancer. i just was afraid that i would lose my son. you think, why us? you know, why me? why my child? [ marlo thomas ] youan join the battle to save lives by supporting st. jude children's research hospital. it is such a gift to give hope back to a family. as a dad, i'm eternally grateful. [ non-english speech ] [ marlo thomas ] join st. jude with your debit or credit card for only $19 a month, and we'll send you this st. jude t-shirt. st. jude is only possible

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. a few moments ago we learned the nfl has officially canceled the game between the buffalo

bills and cincinnati bengals. the decision to not resume the game comes three days after the severe hit to damar hamlin and collapse on the field during the team's monday night football matchup and suffered cardiac arrest. the league is also planning to recognize hamlin prior to each nfl game this weekend. the big news doctors say he's neurlogically sound and move his hands and feet. they also say he had one question on his mind when he woke up. >> last night he was able to emerge and follow commands and even ask who had won the game. when he was kmcommunicating wit us last night and today -- and he had to paraphrase one of our partners when he asked did we win, the answer was, yes, damar, you've won. you've won the game of life. >> i'm joined now by chief medical correspondent dr. sanjay

gupta. how promising is it to you, sanjay, he was able to ask and talk about the game even while being partially sedated and on a ventilator? >> it's very promising, anderson. i mean 2 1/2 days since the injury, that's when they gave this press conference. and that -- that's pretty good recovery especially given not a day earlier, a day and a half earlier he was having severe respiratory distress, needing to be put on his chest and abdomen, sedated, even in a state of hyperthermia meaning cooling his body down to try and basically slow down its metabolic demands. so there was a lot going on with him. to be able to the next day be so communicative and have the wherewithal, to have amnesia to the event, to know it was a football game and even ask in writing did we win. he's still got a breathing tube in so he can't talk. it's a really good sign. you worry if someone has not gone with oxygenated blood for

some time what whil be the impact on the spine. and so far there's no negative impact, which is good news. >> our doctors said he showed signs of acute respiratory stress syndrome. what does that tell you? >> if you sort of think about the lungs like two sponges. when you start to get fluid into the sponges, what happens the sponges become boggy and it's hard to transfer oxygen into those sponges. that's essentially what acute respiratory distress is. you can understand why a breathing machine is hard, it's hard to push air into these boggy lungs. that's a -- it's a challenging thing in the icu to care for. and i should point out he's still considered critically ill, but that's essentially what ards or acute respiratory distress syndrome is. looks like he's improved from that as well given now he's back

on his backside and now able to communicate as we were just describing. >> do doctors know if he's suffered a concussion? >> i don't think doctors know yet. they say they don't know in part because that's more of a clinical diagnosis, something you would do when the breathing tube is out and you can do that assessment. what they did say is scans of his brain and spinal cord did not show any evidence of injury. you don't see that by concussion. concussion by definition has a normal scan but they'll have to evaluate that probably more after he's recovered from this acute injury. >> is it known yet exactly what caused this? >> no. the doctors were asked about that. they talked about the fact that he had a cardiac arrest. that was confirmed. one point they did make was that when they first ran out to the field to evaluate him he obviously had collapsed, and then they said that during the evaluation he lost his pulse, meaning that he didn't -- he had a pulse initially when the team

started to evaluate him, but then he lost his pulse at some point during that time when he's out on the field. and that's when cpr and obviously the defibrillation process began. he also had a breathing tube placed while he was still on the field. we couldn't see all of that, anderson, but all of that was happening in that swarm of people. >> just incredible. sanjay, appreciate it. the news continues. "cnn tonight" with laura coates after a short break.k.

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we could get xfinity? that's actually super adult of you to suggest. i can't wait to squad up. i love it when you talk nerdy to me. guy, guys, guys, we're still in session. and i don't know what the heck you're talking about. - [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 well, here we go again. they're going to come back and do it all over again in a cup of hours. you know exactly what i'm talking about because the house voted to adjourn until noon tomorrow, a vote that kevin

mccarthy won by t