>> another night for the history, books only one thing for, sure the 11th vote was not adjourned. tonight kevin mccarthy's bid to

become speaker of the house. >> no no many having received the majority of the votes cast, a speaker has not been elected. he >> and, with that, the 11th rejection, within three hours shy of the 11th hour of the third day of his failure. the speaker called went up to end the proceedings tomorrow. >> the question is on the motion that the house stands adjourned, until noon tomorrow. those in favor say aye -- those opposed no. [screaming] [screaming] >>[crow] >> those in favor of a vote by

the yeas and nays will rise. a sufficient number -- members will record their vote by electronic device. >> well the counting, instantly they ended without congressman mccarthy having won a single hold out despite more interesting moments, the cnn manu raju spoke with him a short time ago, he told us. >> yeah, kevin mccarthy still told us there is the path of the speakership despite losing 11 times, despite losing 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 negotiations, negotiations with some of those members who have so far blocked the speakership for proposal to give them more power, more sway over the speakership including one

proposal to allow one individual member to call for a something he had -- something he conceded on something that some of his own fellow republicans are concerned could weaken the speakership consuming he gets there. now immediately after the 11th failed vote, he came, out loud a chance to speak with him on some other reporters, we asked him about all these issues, he defended the concessions he has made, he said he will not become a weaker speaker and when we asked about whether this will be done by tomorrow, indicated it probably wouldn't. >> no, i'm not putting any time on it. i think we have progress going on, i think we have -- we will see. >> have we had to walk back the threats that -- i didn't make that. >> mike rogers. did >> you have what you are saying i did. >> that was the threat and know, members are -- >> --

we'll never vote for you. >> we have three days into this the longest since the 1850s. >> i have the longest reach on the floor, -- >> are you concerned, they are giving -- >> that is the way it's always been in the united states. i think i'm fine with that. [inaudible] >> there's it undercut the power of the speakers? >> doesn't that inherently mean you would be a weaker speaker? >> and no. you can only be a weaker speaker -- >> are you concerned there might be more than four who will just never vote for you? >> no, i think we get it. >> are you worried about losing votes from moderates? >> everybody is involved in it. >> mr. mccarthy -- can >> i finish his answer to his question? this is a new thought.

we have a five seed majority. it's not one side will get more than another. it's the entire conference working together. it's better that 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. if this takes a little longer and it doesn't make your deadline, that's okay. it's not how you start, it's how you finish. if we finish well, we will be successful. >> you've been doing this for two months, though. why didn't anybody sorted out before january the 3rd? >> thank you for stopping. >> and that last part saying we try to sort it out before january 3rd. they've been trying this for the past two months and we are in this position now, even as they've been engaged in furious

-- certainly not all of them, which is right behind the scenes there's going to be in effort to get those other remaining holdouts to resolve their concerns. that could take some time as well. the other complicating factor is, several members of the house republican conference have planned to leave town tomorrow because the various family issues in the, like and they will have the number of votes they needed to elect kevin kathy speak on friday. so it appears a very likely this goes into the weekend, next, week we will see maybe even longer. >> all right, money, rushing, appreciate now back to the panel. first of all, if they don't have enough people tomorrow, -- >> well, i think it depends how many people they have, you know as -- i don't think they will jeopardize anything, i don't think if he gets 196 -- so long as the member doesn't

shift in a way that hakeem jeffries could win. i think they want the time to continue to negotiate, although i think you will find it is a very awkward day -- i would imagine that the nominating speakers for hakeem jeffries will focus on the anniversary. >> democrats have a motivation to intervene to help get mccarthy over the finish line at some point? >> absolutely not. certainly not tomorrow. let's be honest, certainly not tomorrow because again the good, just to davis, point of think about what that contrast is going like. you will have on one side of the screen, president, biden for the vice president, a very somber day, remembrance is, and then you have the speeches the nominating speeches for hockey migrate with even. but then, you have these holdouts, these five, six,, seven a, we saw earlier today, doing fundraising emails, who some of whom if chaos is their

brand, 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 that they have been standing up for. again, i just think we need to take a step back here. i mean, the other thing, the reason i don't think democrats are 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. you heard him say 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. >> assuming you have a rational actor across the table from you, here's what i, offer here's what we would like to -- screw you across the table, you

can't negotiate. and, i think that is where we are at some point. we don't know, to your, point do we actually know the definitive number of people, right, if it is, for five, six, seven, eight, does a lot of speculation going on. when would cover mccarthy walk away, if we know that number is -- nine people going away, we end up going away a lot sooner, there are 45, people cover mccarthy will never go away. >> i think it is striking when you said we have only a five vote majority and that makes it difficult, so nancy pelosi had a five fold majority as well. there were people who ran, pledging not just what first speaker, and as she has over the last two decades, she managed to put the puzzle together. nobody remembers the speakers votes from january 3rd of 2000 -- >> how do things put that together? >> person to, person asking what people needed, what assurances they needed and also suggested to a couple people, reduce the threshold she needs,

with 216, votes the point is, she is a very deaf leader, and this is a test for mccarthy. frankly is not doing very well. last thing on this, we have been beating him up all day because it has been a failure on his, part and he didn't look particularly confident. but, when -- said well, why did people stick with this one man? and when adam said that, the answer is, he has done a lot for a lot of these members. he has raised a lot of money for them. he recruited a lot of them. his pack spent $350 million. is super back in these campaigns. those, that is the kind of currency binding 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, that is why they are not rushing to the doors here. >> just texting with a member who's been communicating with

mccarthy since he came out of that meeting with the 20. i guess they're producing a document tonight. they are quite confident that a large chunk of that 20 is going to come home. but there is not really a plan for the people who say they are -- the hope would be if a scott perry and a chip roy comes out swinging, says we have everything we could have possibly wanted, then it really puts that holdout group on -- the trouble, is they are already on an island of misfit toys. i'm not sure we are putting them on a different island is going to mean to them. but that is where we are. there is a plan for some of the holdouts, but there is no plan for the -- >> again, you need to know the specific number. you have to know how many there, are you develop them based on that. the plan for five is different than a plan for -- so -- >> i agree. >> you must be seeing the light flash before, size because this is exactly what happened in 2015. a group of people in the freedom caucus tonight him

speakership that everybody thought that 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 standby, next, a report from the white house, what the president thinks of all of this. later, the frankly stunning details from the authorities on the evidence that led to the arrest of the alleged killer of four idaho students. something new, her stack of hats grew. she even served turkey legs with what's on tap, all while wearing a viking hat. then she found a place. her many hats would be embraced, and she couldn't hide the excitement from her face. so, polly traded in her hats to help earn her grad cap! your past experience can help you earn your degree faster and for less. get started at phoenix.edu

after advil. feeling better? on top of the worlddddd!!! before advil. advil targets pain at the source of inflammation. when pain comes for you, come back fast with advil liqui-gels. my dad was a hard worker. he used to do side jobs installing windows, charging something like a hundred bucks a window when other guys were charging four to five-hundred bucks. he just didn't wanna do that. he was proud of the price he was charging.

♪ my dad instilled in me, always put the people before the money. be proud of offering a good product at a fair price. i think he'd be extremely proud of me, yeah. ♪ moving forward with node- positive breast cancer is overwhelming. but i never just found my way; i made it. and did all i could to prevent recurrence. verzenio reduces the risk of recurrence of hr-positive, her2-negative, node-positive, early breast cancer with a high chance of returning,... as determined by your doctor when added to hormone therapy. hormone therapy works outside the cell... ...while verzenio works inside to help stop the growth of cancer cells. diarrhea is common, may be severe, or cause dehydration or infection.

at the first sign, call your doctor, start an anti-diarrheal, and drink fluids. before taking verzenio, tell your doctor about any fever, chills, or other signs of infection. verzenio may cause low white blood cell counts, which may cause serious infection that can lead to death. life-threatening lung inflammation can occur. tell your doctor about any new or worsening trouble breathing, cough, or chest pain. serious liver problems can happen. symptoms include fatigue, appetite loss, stomach pain, and bleeding or bruising. blood clots that can lead to death have occurred. tell your doctor if you have pain or swelling in your arms or legs, shortness of breath, chest pain, and rapid breathing or heart rate, or if you are nursing, pregnant, or plan to be. i'm making my own way forward. ask your doctor about everyday verzenio. >> suddenly reporting just, in

a source familiar with moderna telling cnn house republicans are scheduled to hold a conference call tomorrow. give him credit and his allies want to avoid another in first since conference but meaning after yesterday's meeting lied to private tensions pulling out of public view. the call could potentially minimize that. so with that in the house adjourned until noon tomorrow, checking in quickly on the pennsylvania avenue phil mattingly at the white house. so, what is the from the white house for president biden? >> yeah, the white house officials made very clear, they do not want to engage on this issue as the president has said several, times this is a republican, issue this is not my problem at this point in time. to some degree, the public actions we've seen from the president have very much checked with that. holding his normal, schedule trying to demonstrate an almost an intentional contrast on some level that the white house were on the implementation of the major lost their past in their first two, years talking about policy issues, laying out in detail a roadmap for the president going to be doing in the months ahead, and house republicans cannot seem to get

their act together on the first issue that they need to deal with. behind the scenes, officials the clear, they're watching this closely, it is on every single television in the white house throughout the course of the day. the -- you've seen the president going through a motions as these watches play, out there certainly been a level of confusion, definitely a level of frustration. very much so a level of concern, particularly in how foreign countries or others may be viewing the united states, the ability of the u.s. to actually govern itself given what we've seen on the house floor. but today, there's also a sense of just, general before delmont i think when he was asked by our colleague jeremy diamond, how he was watching things play out. take a listen. >> are you still watching -- >> hurricane, isaiah tensions. >> this -- officials, anderson, have made clear that the president is not amused by, that he does not

find it funny or see any level of -- what has been happening right now. but, there is no doubt, when you talk to officials, no clear and game in -- and, oh you can really do is laugh. >> if the administration saying anything about potential impact, or economic impacts? >> it has been an interesting dynamic, as we look at the repercussions of not having a speaker in place actually means, national security is one of those issues that has been affected. now white house officials have said the appetite to unofficially continue to brief members of congress to ensure that the members on the critical committees are aware of what is going on, but there is a reality here that until marissa's one, and 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 canceled

up until this point, and some house republicans have made very clear that frustrations about that very issue, it is one issue when you hear officials say, it is not a huge problem right, now but if it compiles, overtime it certainly could be. they just want this to and to a certain degree. >> for mattingly, thanks, back now with the panel. i, mean it is interesting to hear from president, biden is obviously an institutionalist, searched for many years, does he benefit from this? does the white house benefit from this? from just a political standpoint? >> 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 is a contrast between trump and some of the extreme election denier candidates. and biden has a calmer influence, and so, the contrast, year phil, said they didn't intend to set up a contrast, if

they didn't they should claim they did because it was pretty deaf to be out there yesterday in kentucky with mitch mcconnell and governor -- dedicating a pretty deft and appropriate as well to be out tomorrow commemorating the january 6th and because it obviously was a huge important day, but the contrast is going to be clear, and particularly because some of the players 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 is wise not to claim credit, not to celebrate it, i think of all democrats, because at the end of the day i don't think the american people are viewing this as i'm using. i think they are viewing it as pathetic. they do not want to people

looking like they are seizing political advantage from it. i think getting a big contrast is the right way to go. >> so tomorrow there is a conference call in the morning. he said there might be -- circulated tonight, what is the -- >> well, the hope would be that overnight, you real in as many of these 20 as you can get, that when the gavel in tomorrow at noon, there is a vote pretty soon after that that really shows you how much progress is made. >> so some of those 20 -- >> and to david's point, you start to get a real sense of, okay, who are the truly -- is it for, five, eight, how many truly are never going to be persuaded. then you can start to make a plan from their. so, now, how many votes will that take tomorrow? will this document and this conference call, these overnight conversations be persuasive? how many more hours of ballots will they have to go through to get to that point? but at some point, you have to get clear on the algebra.

how many do i, have how many or for, me how many are against me, and here's what we don't truly know inside that 20 with the steel that is apparently been cut. >> and you will not get there because you have four, or five folks not there tomorrow because perhaps -- >> we will be able to see if -- >> absolutely, but don't expect to see speaker mccarthy tomorrow. >> at any point. >> so, guys, think of it this way though. for kevin mccarthy, he's going to go through all of this. what is 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 are not back here all over again. the one person who decides to say he is out, we do not -- he broke the deal that we agreed to, and we are not right back here. it feels like things are so fragile, and, you know, david, you can talk about grinding it out, but the thing about negotiating, the more you are coining it out, sure, you could

be building trust, but you are also eroding trust. you are also deepening the groups of those hardened feelings of the resentment that people already seem to have about mccarthy. so just think it is important to remember, while we are in the details, the devil in the details manner, the big picture where we end up is going to matter greatly. >> i don't think mccarthy is building trust here, i think it is a matter of granting you know, is grinding it down. so who's going to win? it is a battle of wills at this point. who's going to blink, who's going to bend. you know some people will bench right. >> i think he has, building if it is true his convinced chip roy and his faction to come over, he obviously did build some trust with them. >> i think it is more transactional. -- you have to trust your men if you're, would you have to just the person you are doing a deal with -- >> they were distant, writing i'm not so sure how much test -- >> yeah. >> it is the magnet quota.

>> -- please, please -- >> here till noon if you wanna watch this. >> new year's eve. >> thanks so much. coming, up we have pickle juice for, you we will talk to some of the other major news of the day and the first appearance in an idaho courtroom by the suspect charged in the murders of -- also newly-released evidence authorities say connect sin to the killings. it. may i? we're definitely not lit. i mean seriously, we named ourselves booking.com which is kind of lit if we are talking... literal... ha ha. it's why we're planet earth's number one site for booking accommodation. we love booking stuff! and we're just here to help you make the best of your vacation. ow... hi... booking.com booking.yeah hi, i'm michael, i've lost 70 pounds on golo. i spent thousands on other diets that didn't work. on golo, i spent a couple hundred bucks

and got back down to my high school weight. you're not gonna believe this thing is possible but it is. every moment in life is a bet. like betting your favorite jersey won't shrink in the dryer. but life doesn't offer you up to $1000 back in free bets if your first bet doesn't win. so bet on america's #1 sportsbook, fanduel, and make every moment more. ♪ ♪

♪ ♪ ♪ start your day with nature made. the #1 pharmacist recommended vitamin and supplement brand. ♪ just look around. this digital age we're living in, it's pretty unbelievable. problem is, not everyone's fully living in it. nobody should have to take a class or fill out a medical form on public wifi with a screen the size of your hand. home internet shouldn't be a luxury. everyone should have it and now a lot more people can.

so let's go. the digital age is waiting. >> we have more breaking news

tonight, a law enforcement source tells cnn that the lone suspect in the murders of four at a who college students were seen cleaning his car, quote, inside and outside. not missing an inch, quote. this was outside bryan kohberger's house outside -- for the murder, she was seen wearing surgical gloves, and garbage bags placed in the neighbors bin. more on that in a moment. today, kohberger appeared in an idaho courtroom for the first time. he did not enter a plea, however, authorities detail the evidence that led to his arrest on four counts of first-degree murder. cnn's gary tuchman has been following this now for a long time, -- >> brian kohberger, in a moscow idaho courtroom only a five minute drive away from the crime scene. >> maximum penalty for this offense if you were to plead guilty or be found guilty's death, more imprisonment for life. do you understand? >> yes. >> charged with four counts of

murder, the accused killer with zero visible a motion on his face. just before his initial court appearance began. and unsealing of the probable cause affidavit, with the potentially damning information. >> there was other people home at that time. >> we have known to roommates were home the morning of the murders, but it was a mystery. now we know. a roommate with the initials dm told investigators she was in her room and heard crying, the affidavit prepared by moscow idaho -- as this disturbing detail. she opened the detail for the third time after she heard the crying, and a figure clad in black clothing -- cover towards her. dm described a figure as 5:10 or taller, male, not very muscular but athletically built with bushy eyebrows. the male walked past dm, as she stood in a version shock face. the men walk towards the backsliding backdoor, she locked herself in her room after seeing the mail. she did not see that she recognized a male. the affidavit says there

earlier, when dm heard crying from one of the victims rooms, she heard a male voice say something to the effective, it's okay, i'm going to help you. it's not clear if the intruder ever saw dm. dm's description helped provide valuable information, when police found a hyundai elantra in an apartment building 50 minutes across the state line in pullman, washington. and learned that the owner matched that description, and the affidavit has this chilling sign a details. the police officers says as he enters one of the bedrooms, i could see two females in a single bed in the room, both kayleigh can salvage and medicine mogen were deceased with the supple stab rooms. i also noticed what appeared to be a tanned, leather night sheath laying in the bed next to madison's right side. the seat was later processed and had caved our, which is the company that makes military and tactical knives, u.s. embassy and the united states marine court equal globe an anchor insignia stint on the outside of it. the idaho state lab later

located a single source of male dna, left on the bottom's snap of the next. she according to the affidavit, last week, pennsylvanian agents recovered the trash from the kohberger's family residence located in a braceville, bit of an era. the father's day nay was a truth. they say that the father's day proved what they found a murder house with the sun's dna. they determined that the murders were carried out between four and 4:25 am. a review of footage from multiple videos obtained from the neighborhood shows multiple sightings of suspect vehicle one starting at 3:29 a. m. and ending at 4:20 a. m.. upon review of the video of, there are only a few cars to enter or exit the area during the timeframe, while details on the affidavit are specific, it's still not clear police know of a motivation for the killings or if the accused murderer knew any other victims. but based on the affidavit, it appears that the accused murderer targeted this house between june and the day of the murder november, the police officer says that kohberger's cell phone signal was received

12 times near the house of the victims over a period of five months before the stabbings. all of these occasions, except for one, occurred in the late evening and early morning hours of the respective days. >> we are adjourned. >> 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 families, seeing the defendant for the first time. this is the beginning of the criminal justice system, and the family will be here for the long haul. the details on that after they are really stunning. all of stalking is the right word, but certainly casing that property for a long time, late at night in the early morning hours. of course over several months. did anything else stand out to the affidavit? >> there is a detail, anderson, that stands out to me and that is this. according to the affidavit, please say that kohberger's cell phone signal was again

detected five hours after the stabbing's in the same neighborhood with the houses. basically the inference is that the alleged killer went back to the house after the sun came up. >> wow, that is something. i'm joined by mary ellen o'toole, retired fbi special agent and legendary profiler. also john, miller chief law enforcement analyst. john, some of your reporting, we want to start with, that we mentioned in the intro to garry's report about what the suspect was allegedly doing in his home in pennsylvania, with garbage bags, what have you learned on that? >> just give that some context, anderson, you've got the pennsylvanian state police and fbi surveillance teams in a rural area where it is very 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 is that kohberger comes out a number of times. he cleans the car, extensively almost as if you are going to clean it to sell it as a new car.

inside, outside, every inch of it. and during much of these troops in and out of the, house the sources that he is wearing surgical gloves. that is what they were observing in the surveillance. the other thing is that, there is a period where he comes out at 4:00 in the morning with two bags of garbage, walks by their own garbage and puts it in the neighbors bins so that when they did the trash coverage -- to recover his garbage, they did took that as well. of course that is the surge that led to the recovery of dna, which then matched to the sheath of the knife according to the affidavit. >> it is that familial dna that they found the father's dna, which you know have talked about is, it can be controversial. >> it can be, and there is only 12 states that allow that as that kind of evidence. but, that was due reach probable cause. the first thing that they did when that swat team went through the door and took him into custody was they had another search warrant, which allowed them to take care and swabs and collect's dna from

his person, which is now in the process of being matched in that lab. so they are going to get from a highly probable statistical answer to one that is going to be fairly certain. >> john, we've been waiting for more than seven weeks of the details that we learned today. what you make of the evidence, the timeline of the investigation? >> so that is really interesting, anderson because people have been talking about what it is take so long when, if you look at the timeline you can actually see a process. let's walk through 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 are looking for a white hyundai, his car is located at washington state university. it becomes part of the focus because the car. once they have the cell phone profile that shows that he's been in the neighborhood, and that is december 7th, eighth becomes of high interest.

by december 23rd, they see that coburg's cell phone has been heading near the crime scene. december 28th, they get the dna match. to summer 29th to make the arrest. so what you see is that, while police were not telling us a lot and they were asking for the public's help and they were going after the media every couple days with an update, there was a lot going on behind the scenes between the moscow police, a small department that does not have a lot of experience in homicide, the idaho state police homicide, team and the fbi, which brought unique resources in terms of cell phone tracking, video analysis, profilers, and so on. a lot of work went into. this >> marilyn, based on what we learned in the affidavit, what stands out to you? >> well, several things stand out. because they come together like a puzzle. the first thing is, we have all been commenting on here is a ph.d. 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 paint on its phone. these were mistakes that are not consistent with somebody that is smarter than everybody else and knows more than anybody else. so i think it puts into perspective, for me, that just because you are studying for a ph.d. in criminology does not allow you to commit the perfect crime. there are forensic and behavioral evidence there and they discovered it. >> the return, what seems to be 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 is naivete, it is lack of experience, and it could be some of that. but it is also excessive arrogance, and i think it also could be a sense of i'm smarter than the police are and they are never going to be able to tie me to the case. that will remain to be seen, based on his behavior in the courtroom. but, i do think that arrogance is bleeding through in a variety of the photographs that we have seen and the videos that we have seen on him. so again, it depends. it is going to come down to his behavior in the courtroom. >> mary ellen o'toole, -- coming up more on this case a federal prosecutor examine the evidence -- and discuss how solid the case may be for prosecutors. nk you. we hope you like your work. (♪ ♪)

just look around. this digital age we're living in, it's pretty unbelievable. problem is, not everyone's fully living in it. nobody should have to take a class or fill out a medical form on public wifi with a screen the size of your hand. home internet shouldn't be a luxury. everyone should have it and now a lot more people can. so let's go. the digital age is waiting.

when you look more at the evidence that our gary tucker lead -- a first degree murder and killings of those four university of ottawa students. the affidavit that was just released today described dna found on a knife chief at the crimes scene, as the surviving roommate that saw a man dressed in black clothing and a mask, and the suspect's phone used near the students home at least a dozen times in the students home since june. i'm joined now by joey jackson, -- and the former u.s. assistant

attorney. there's a lot of evidence pointing to the suspect, they have this familiarity and i tie to the crime scene, phone records indicating that he traveled to the area the night of the murders, the vehicles matching the make and model that the suspect drives near the crime scene. what do you make of this as a case for the prosecution? >> well anderson, there is more than enough evidence to justify this arrest and i believe there is enough evidence to convict here. there is a really polar flow document, here the star witness here is the dna. the cops have already been able to establish by 99 point 9998 that the dna on the crime scene at that now she is the suspects dna, and then as john miller said they now have the suspect dna and they will test that if. that is a hit, and it is at least 99 point 99 8% likely, then they will have an essentially 100% match. they also have all the other corroborating information

relating to the car, so, phone the bizarre movements of this person, throwing out his trash and somebody else's cannot forecourt morning. i would be confident as a prosecutor. >> joey, what about you, for the defense what do you make of the charges that the suspect is facing in the potential differences? >> yet, there is a lot to overcome, there's no question about it. in addition to what ali rightly points, out the other two pieces of evidence i think that will be used, the first is the affidavit that speaks to the issue of a shoe print that is in the direction of his movements, that are apparently a person door occupant of the premises saw him in the mask, it segura. the bushy eyebrows in addition, so they're going to test that shoe print. in addition to that, apparently he re-registered his car or switched the registration from pennsylvania to washington only days after. so what is that about? is that a conscious sniff of guilt? from a defense perspective, you are going to have the attack on the dna, how did the dna get, they're wanted to get there,

was it contaminated in any way, could it be that it is not his dna? the defense will be truly looking into that. they will be experts going back to the sofa tower and whether or not the pings are appropriate or whether or not they can be scientifically proven not to be is. so there is no question, the alleys point, this is a very powerful case and i think the defense will have a workout in terms of whittling away the compelling and damning evidence that exists. >> elliott, just one clear, this information that i'm talking about, there is still from the probable cause affidavit, that is not all of the evidence that 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 affidavits that you can establish probable cause any for. unrest sometimes, as a prosecutor or police officer, you hold back certain piece of evidence. you may not want to reveal them now. the other thing is that we used to say that your investigation continues until that jury comes back with a verdict. so i assure you that they have

much more work that they will be doing to further build out this case. >> also joey, because there's so much we do not know with a suspect relationship or imagined relationship, or attempted relationship to any of the victims or a 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. >> very true, if there is a hearing whether or not is -- we do not yet. no make no mistake about it, he will be even surveilled now. anything that he says potentially imprisoned,. we know it's recorded. as they continue to move forward. is there other information that will come out? why was he surveilling them, why was his car noted along the locations that they were for the timeframe in which it was? so we do not know everything, but i can tell you that certainly, the affidavit is a

barebones document. what i mean by that is that you simply need to establish probable cause. i think the affidavit, what does that, mean probable cause, reason to believe that a crime was committed and that he committed it. it clearly does that, and 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 integrity of the investigation. i'm sure that there is a lot of other information that may connect to this case, establishes guilt and cut out a lot of work for the defense to do in demonstrating that he is not guilty. >> it is finding a motive essential for prosecutors? obviously the gift of a story with evidence. >> there is a difference scene intent and motive. it intent is just that the person invented to kill, essentially. you do not have to move motive. sometimes you can't, sometimes the motive is inexplicable,

bizarre, they do hint a bit at the motive here. they talked about how they actually used the phrase, stalking in the affidavit. so you do not have to show motives, it is good if you can but is not required. >> joey jackson, thank you appreciate it. still to come. the buffalo bills safety, who suffered cardiac arrest after you took a hit on monday. sanjay gupta joins us with the details. it has superior absorption compared to regular turmeric. qunol. the brand i trust.

a few moments ago we learned the nfl is officially canceled a game between the buffalo bills and cincinnati bengals, the decision to not resume the game comes just three days after the hit two bills safety damar hamlin, causing him to collapse on the field during the monday night football matchup and suffer cardiac arrest. the league is also planning to recognize hamlin prior to each nfl games this weekend, the biggest news today though is that doctors say that hamlin is neurologically sound and moving his hands and feet. they also say that he, the one

question on his mind when he woke up -- >> last night he was able to merge and follow commands and even ask who had won the game. he was communicating with us last night and again today, that is been good. and to paraphrase one of our partners, when he asked did we win, the answer is yes. them, are you won, he won the game of life. >> joined now by chief medical correspondent, doctor sanjay gupta. that certainly is a true statement. how primacy is it to you sanjay that he is able to follow commands and talk about the game, meanwhile being partially sedated and on a ventilator? >> it is very promising, anderson. two and a half days since the injury, that was when they gave this press conference. that is a pretty good recovery, especially given that a day earlier, a day to have earlier he was having severe

respiratory distress, needing to be put on his chest and abdomen, sedated, even in a state of hypothermia, meaning cooling his body down to try to basically slow down his metabolic demands. so there is a lot going on with him, so that the next day to be so communicative and to have the wherewithal and not be am nest stick, to not have amnesia of the event. the even ask in, writing did we win? he is still get a breathing tube in so, he cannot talk, but it's a really good sign. if people have not gone with auctioneer block -- will be the impact on the brain and spinal cord, and so far it looks like there is no impact. no negative impact, which is good news. >> -- he spoke to one of hamilton's top tours who said that he showed signs of acute respiratory distress and. a reuters that tell? you >> iq deaths respiratory distress, if you think about a long spike to sponges, when you start to get fluid in the

sponges, what happens is that the sponges become foggy and it is harder to transfer oxygen into sponges. that is essentially what acute respiratory distress, is based on that visual i gave, you can understand why a freezing machine even is hard. it's hard to push air into these body long. it is a challenging thing, and the icu to care for. i should point out that he is still considered critically ill, but that is basically what acute respiratory syndrome is, given that he is now on his back side and able to communicate as we are just describing. >> do doctors know yet if he has suffered caution? >> i don't think the doctors will know that yet. they say that they do not know, in part because that is more of a clinical diagnosis, something that you do when the breathing tube is out and you can really do that assessment. what they did say is that scans of his brain and shine spinal cord did not show any evidence

of injury. you do not see that with concussions, concussions by definition have a normal span, but they will have to evaluate that probably after he is recovered more from this acute injury. >> is it no one 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 that they did make was that, when they first ran out to the field to evaluate, him he was obviously had collapsed and they said that during the evaluation eat lost his pulse. meaning, he did not -- he had a pulse initially, when the team started to evaluate him but then he lost his polls at some point during that time when he is out on the field and that is when cpr and obviously the different coloration process sort of began. but, that is -- he also had a breathing tube placed while he was still on the field. so he could not see a lot of that, anderson, but all of that was happening in that swarm of

people. >> incredible, sanjay we appreciated. the news continues. cnn tonight with laura coats next right after swarbrick. tor.com app to see three different estimates. also, don't take advice from people who don't know what they're talking about. realtor.com to each their home. every moment in life is a bet. like betting on taking a hitch hiker tailgating. but life doesn't offer you up to $1000 back in free bets if you don't win. so bet on america's #1 sportsbook, fanduel, and make every moment more.