european council from 2014 to 2019. this news ends a day dominated by the garland decision. >> i'm here today to announce the appointment of robert hur as special counsel, pursuant to department regulations to govern such matters. this appointment underscores for the public, the department's commitment to independents and accountability and particularly sensitive matters, and to making decisions indisputably guided only by the facts and the law. >> now in our last hour, cnn david axelrod, a former top white house advisor, who worked alongside the biden and obama administration, called the handling of the situation, they use his words, sub optimal. others but a more bluntly, raising more dark austin's about transparency, including phil mattingly, who joins us now. how has the white house reacted to the appointment of special counsel? >> anderson, officially, the white house counsel says they believe that this investigation will a, have full cooperation

for white house officials and biden's attorneys and it will also show that in the end, this was in their words, a mistake, an inadvertent one at that. however the attorney general made a supplement today so that white house officials were not aware of any events and he detailed timelines that none of us were aware of and underscore the fact that when the president first talked about the classified documents earlier this week, he committed a second set of documents we discovered last night. they knew about them, take a listen. >> the review was underway when you guys made a statement about the documents. there are views underway when the president book about these documents. -- i don't understand. it does not make sense. the reviews underway the entire time, dealing differences that the headquarters had information on the documents, and he chose to exclude it. until reporters get information on the second set. let me confuse you, for a second, phil. we are trying to do this by the book. i say decided that this was under review by the department of justice, and the process is as

such. when the president's lawyers realized that the documents existed, that they were there, they reached out to the archives. they reached out to the department of justice, rightfully so, i may add. that is what you're supposed to do as lawyers, that's what they did and they have fully been cooperating with the department of justice. >> anderson, to be clear -- >> she did not answer your question. >> yeah, there's nothing and a question that on can fused anything. the point of the question is that we are told, at least our colleague kevin prices told from some officials inside the justice department that the white house messaging and the fact that they're just as apartment officials felt that some of the messaging portrait a narrative that was not necessarily accurate, played a role in the decision to appoint a special counsel. why that matters is, this part of the reason that i was told it was so little information, such extensive limits on what

could be said over the course of the days leading up to this moment is white house officials are very concerned about the possibility of having a special counsel appointed. they did not think one was merited, and they did not want one you have to do it. now they very clearly have one, made clear that they will cooperate through a. the cooperation is never in question, it was about how things were presented and what they were willing to acknowledge publicly. obviously, there has been divergence in those two issues, and that, according to our colleague evan perez put a role in the decision by the attorney general today. >> phil mattingly, appreciate it. joining us are to cnn legal analyst and justice department veterans, elie williams and elie honig. elliott, just from a messaging standpoint and accuracy standpoint, the white house could have come out the day president biden spoke. they could've acknowledge that there are more documents found, being upfront about it, and they did not. >> the white house messaging was a mess, and it's self destructive, and the specific, biggest problem they have is this. here's the timeline, in of amber, joe biden's lawyers

want to inform classified documents in his office. in december, they want it found about documents in his home. in january, two days ago, they came out and said, we found classified documents in the office, but they made no mention of the home. that is utterly inexplicable. of course, that is a pr problem, but more than the. when your prosecutor and a subject of an investigation like this, you start giving that the benefit of the doubt, but when they start giving away their credibility, it is very difficult for them to win it back, and that is why evan perez is reporting makes sense to me. those inconsistent statements had a lot to do with the special counsel. >> elliott, special counsel typically has a lot of latitude and had to go about protecting the investigation. what are the parameters and potential stumbling blocks giving that this involves a sitting president? >> the big stumbling block, is that you can't based on justice department guidance, you can't charge a sitting president with a crime as we all had a crash course in through the years of

the trump administration, with the justice department will not charge a sitting president with a crime. and in terms of stumbling blocks, look, these special counsel has brought latitude access to staff, access to resources and so on, but i want to underscore a really important point here, anderson. the justice department did not need legally to point a special counsel here. this is for the appearance. elie is the term a moment ago, a pr problem. that is really what it is. this is not at the moment a legal problem for the white house. this is purely a function of how well the white house has characterized its situation that they are in. it is an entirely different scenario than what we saw over the last several months with former president trump. >> elie, in order to do a thorough investigation, this is

special counsel need to interview the president? >> i thought they have to, eventually. >> is that what the president says his attorneys have said to him don't inquire about what the documents are because the less you know, the better? >> that could be. it standard operating procedure when you are the subject of an investigation like this, you don't want to give your client any more information then he already had. you want to put him away and for services but it's. ultimately, this will come down to knowledge and intent. the joe biden but the documents? what was his intent? sure, you investigate other people around joe biden, but ultimately, i think you have to make an effort if you're doj to speak with joe biden. now, that could go the easy way, he could agree to it, that could go to a really difficult way, where there would be a subpoena and perhaps a fight in the courts, or could see a middle ground bill clinton, for example, one ken starr wanted to talk to him after a difficult negotiation, they reached a sort of middle compromise where bill clinton testified on video. so there are a couple different ways that this can work out. >> elie, the investigation into former president trump is different in many ways, was not a way for the fact that he's being investigated for obstruction and a lot back and forth about the documents and then their inability or refusal to turn them over. you think the special counsel heading up that investigation needs to

interview the former president? does that calculation change them recommending an indictment? >> yeah, this is exactly the point elliott is making as well. they will get plenty of useful information out of the individuals around him, and it's not just obstruction. number one, it's obstruction and mutilation of documents, possibly, mishandling of the defense information and any other statutes compounded by the four former presidents conduct going back months before that search warrant was executed in august. so what i think they would do is build a case around for the president, maybe up to and including him. look, he's done himself no favors by speaking out publicly already through the truths, if you want to call it that, the few statements he put online and so on. he's already out there, frankly, in a way that current president biden is not. now, the question is what he submit to questioning from law enforcement. we will see how that goes. >> elie, is a coincidence that the attorney general appointed, somebody who is reported to be a very conservative attorney

who worked for the department of justice? >> that has to have been intentional because what merrick garland wants here is credibility. you want to be able to point to the sophistication and say that this is not somebody who was in lead with joe biden. i think it was a smart move to put someone who has conservative credentials but also is an accomplished, established veteran federal park so cuter. ultimately, both of these apartments a special counsel is about independent credibility. >> ultimately, whose decision is it on whether or not charges are brought? >> but special counsels will go about their investigations. the bucs come back to the attorney general, we don't know when or who would be first, but ultimately, the attorney general asked to give great weight to what these two special councils recommend and then, if you can overrule them, if so, the a. g. then has the report that the congress, they overruled the special counsel. it will be an interesting tactical chestnuts here. >> elie honig, elliott williams, thank you. joining us is former chairman of democrats, -- david urban, who was a campaign adviser to the former president. governor dean, are you satisfied about how the white house handled the situation?

>> i think they could've probably done better. i am certainly don't think i would have expose myself to the press corps the way that showed it, but i think we will find that these are very different things, mostly inadvertent what biden did and trump did obviously wasn't. it's ironic in some ways that the big hub are about trump in mar-a-lago has deflated this as a similar issue., i think a lot of people are looking at this and saying that inflation is down so this is just more washing in politics. >> david, what do you make of the appointment of the special counsel on biden and the person who was picked? do you think that is a smart move by maryland? >> yeah, as elie and elie were saying earlier, he had to do it, for credibility of the doj and for the department of justice to stand for anything moving forward. they have to have equal justice under the law here, so having a special

counsel appointed in the former president document mishandling case and now this, i think it's only what is good for the goose is what is good for the gander. in what has been reported, i think that it is sub optimal, these axelrod's words, of what we heard the past few days, not getting all the information. quite frankly, the presidents indignation about being asked -- they were locked in my garage, these are safe. it's kind of laughable. >> governor dean, you said he would not have had the president talking about it, i do want to put words in a mouth, as he did. shouldn't the white house know i've gotten out in front of the fact that more documents were found? they knew that when they were talking about the first batch of documents that were found, why not just get that out there? >> the reason for the big green is guiding joe probably scored a few points when he talked

about is covid. you're sort of going, what? i think you will get points among a fair number of americans for having a corvette. probably, with the trump's, he won't get any votes. i thought that was interesting. no,, look, you don't have the president go out -- i personally think that this will end up not being the same caliber of the mar-a-lago situation, and i think trump comes across as somebody who's got something to hide, and biden comes across as someone who made a silly mistake. now, we don't know that, and i do think that the notion that they hired a guy who had been appointed by trump was a very smart move, and i do think he had to do that, because this investigation, his credibility, depends on what happens in the investigation. i know joe biden, and i don't think he is capable of having such nefarious reasons for taking the documents, but this is a serious thing, and you do not take intelligence documents out of the white house and put it in your house, no matter who you are. i think medulla it play out.

>> go ahead, david. >> i was just going to say, the sitting president did not do himself any favors, governor dean saying it was his mistake, he's been transparent. he did not do himself favors by not getting it all out there and saying, look, there are other documents, whether from the podium or his lawyers, somebody putting the full information out. if another document shows up in some place tomorrow, it will be really bad. >> let me be frank about this, i think that is a price problem. i think the press always gets indignant if they don't get a full serving of whatever, and this is an issue that the press always hocus and focus about. >> governor, i think it's a truthfulness problem, not a press problem. don't blame the press for doing their jobs. how about blended president for not being truthful?

>> but governor dean, besides indignation from reporters, it does prolong stories if one day, it's one thing and then, lo and behold, not only are there more documents but the folks knew that there are more documents. it just seems like, why not just be upfront? >> okay, maybe the reason not to be upfront -- the price has its little idiosyncrasies that i've grown to be not so fond of. that is one of them. let me just make this up because i have no idea what went on in the white house, but if i am arranging a trip between the two leaders of my adjacent nations, do i want to have this come out while the summit is going on between the canadian premier and the mexican president? that could have been one of the reasons. in general, it is better to get everything out first, but i don't think yet we are at the level where this is much more then press indignation. it could be more, eventually, but i've been in this business a long time, and i know press indignation that

may or may not be justified when i see it. we all have our little ways of doing our jobs, and that is part of the prices drop. they get more indignant about the fight this and the average person is to now. i don't want to whitewash this. this could be a very serious problem. i've known biden a while, and i just don't think he's capable of that much duplicity, but we will find out. that's the good thing. >> i had to leave it there. governor dean, appreciate it. david urban, as always, thank you. coming up, we're breaking news that cnn just confirmed that the only child of alyssa marie pressley has died at the age of 54. what more on that next. some things leave you guessing. mailchimp takes the guesswork out of email marketing by analyzing data from billions of emails to offer suggestions for how to improve engagement and revenue. guess less and sell more with intuit mailchimp.

man: i responded to the call. woman: i didn't know if he was guilty or not.

man 2: i couldn't ignore public opinion. woman 2: i got caught up in the emotion of the trial. man 3: i could have testified, but i got scared. man 4: i'm expected to be tough on crime. woman 3: i know my son was innocent. woman 4: i will never forget his final words: "forgive them." ( ♪ )

♪3, 4♪ ♪

♪hey♪ ♪ ♪are you ready for me♪ ♪are you ready♪ ♪are you ready♪ >> we have breaking news, it is sad news to report. lisa marie pressley, the daughter and only child of elvis and priscilla pressley, married to michael jackson, and nicolas cage, has died she was just 54 years old. she was hospitalized for cardiac arrest. cnn entertainment reporter chloe melas joins us now. chloe, what do we know? >> anderson, just moments ago, a representative for priscilla pressley and the pressley family released a statement to cnn saying that priscilla pressley and the pressley family are shocked and devastated by the tragic death of their beloved lisa marie. they are profoundly grateful for the support, love and prayer of everyone and asked for privacy during this very difficult time. anderson, like you said, earlier this morning, cnn

confirmed the emts responded to lisa marie's residence in calabasas, california and it was a possible cardiac arrest. just a few hours ago, priscilla pressley taken to instagram, asking for prayers, thanking everyone for the outpouring of support with tons of comments being flooded by fans and just a matter of minutes and celebrities. i was at the golden globes earlier this week in l. a.. i saw priscilla, saw the lisa marie, she definitely did not look like her usual glowing self. i did not have a chance to speak to her, but i passed by her table, it was a big night because austin butler, who portrayed her father in babbs luhrmann's elvis, he won a golden globe. it was a touching moment to be in the audience. viewers at home saw her, and she was staring at austin as he gave a moving speech next to her mother, and we knew just how close priscilla and lisa

murray were. it's been a really rough couple of years, anderson, because lisa marie lost her son to suicide in 2020, and she opened up about that loss in a very emotional essay this past summer about dealing with grief and how hard it's been for her since the loss of her son, benjamin. but, our thoughts go out to priscilla, the entire family and to lisa marie's children for what could be such an unimaginably difficult night for them. >> chloe, appreciate that. joining us now by phone is cnn stephanie elam, recently with lisa marie pressley, also at the golden globe, and michelle turner, most of entertainment tonight, who interviewed lisa marie pressley at the golden globes. >> nichelle, how did she seem to you? what did you talk about? >> anderson, i just heard chloe say that she did not seem like her glowing self. she was subdued. we did notice that when speaking to her at the golden globes, but she was very happy to be there, supporting the

foam, supporting the elvis film and austin butler. she was a big fan of his portrayal of her father. she was happy to be there with him. her mother was there as well, and they did sit together. again, she did seem a bit subdued. she did not seem as i enter vitor in the past, did not seem like this in person, more bubbly and are going. but she was telling us that she was very happy to be there that night, and it was just a couple of days after her father's birthday, so she reflected on that, having it be such a special night to celebrate her father that night and celebrate his birthday a couple days before. >> stephanie elam is also with us. stephanie, you are the golden globes as well. >> yes, anderson, i was on the carpet, and i did see lisa murray walk right in front of us, and i have to agree with chloe, and michelle, she looked shallow, seemed cold into

herself a little bit. she was walking several feet in front of her mother. it just seemed like she was moving a little differently than what i have seen pretty recently, what i've seen lisa murray out. i would agree that she seems very happy to be there in supporting this movie about her father, and you could see when austin butler won the award. she had tears in her eyes, looks emotional about it, but definitely, the way she was going down the carpet was very reserved, and she did not seem like she felt well. i actually thought that at the time and had a quick conversation about it. there is something about the way she was moving that did not look like she was at 100 percent. also, just this distance between her and her mom estimator weight on the carpet, it almost implied that she was trying to get to the carpet and be done. sometimes, you see a celebrity that was to stop and talk, and

sometimes, they just want to get through it. that's the energy she's giving as she made her way to the carpet. >> and michelle, you have probably seen her in many events, talk to her before a. she herself had her own massacre. music career. she had i think three records that she put out. she was the only child of elvis presley. she was the executor of the pressley estate, as far as i understand. there was certainly a lot of, this was somebody born into this famous family and lived a life in the public eye for better or for worse over the course of her whole life. >> absolutely, she was the appeal of her father's eye in so many ways. we saw that. you're right, she did live her life in an eccentric way in front -- married to michael jackson before married to nicholas cage, and she does have a daughter as well, riley. her son did commit suicide.

we heard -- what had been by suicide a couple of years ago, so she was dealing with grief. the family knows about grief and knows about what it is through the data publicly. she did love music, she did love her father. she was behind his film 100%, behind the picture of her father 100%, actually gone on platform with austin butler on golden globes night. they both spoke so lovingly about how they all stuck together through this process of making this film and how they all leaned on each other and relied on each other and cared about each other. he continues to speak about the fact that he could not have gotten through it without the support of the summary and her mother priscilla in portraying their father but just like chloe and stephanie are both saying, anderson, she did not seem at 100% strength that night. we also had a conversation about it, that she did not seem

herself. >> michelle, it's certainly a big burden for an only child occur with the pressley estate to be the person responsible for continuing the legacy, the remarkable legacy of elvis presley. i think this film was very important to her because it is really introducing elvis presley to a whole new generation of people around the world, who did not grow up with him, who are not alive when he was alive. so the weight of that responsibility, it's clearly probably why she wanted to be there, even if she was not feeling particularly great at the golden globes. >> absolutely, and she was determined to continue to celebrate her father's legacy and, like you said, introduce him to more audiences. it's interesting, i just had a conversation about the, also about luhrmann on sunday, how

they went and celebrated on elvis's birthday, showing the film defense, and how they had such a cross section of peoples they're celebrating elvis and his phone and celebrating his legacy. from young to old, and it was really, as he said, very special for them to see because they do feel like opened him up to a whole new audience. i remember at the premiere of the film, speaking to lisa marie about it, and also when they get the hand and footprint ceremony, her and her mother, a few months ago, talking to her about this fact. she said that is why they were so determined to have a hand in this because they wanted it to be right. they needed it to be right. there are so happy that this film was somewhat received, and that austin butler did an amazing job return her father, because it was her life's mission to continue his legacy of good work and good music. >> michelle turner, stephanie elam, appreciate you being with us. again, lisa marie pressley has died at the age of 54.

we will be right back. ♪ ♪ ♪ voltaren. the joy of movement.

♪ gronk speaking. great news gronk! you're going to be in the fanduel super bowl commercial. nice! so i just lift up my phone and say, “new fanduel customers bet $5, win $150 bucks?” exactly! and fanduel is putting up a $10,000,000 payout when you kick a field goal during the super bowl. wait, i don't kick, i catch. and it's going to be live. live!? it's called the kick of destiny, good luck, don't miss! oh boy. bet $5 now, get $150 in free bets. fanduel, america's number one sportsbook. (music throughout) get the royal treatment. join the millions playing royal match today.

download now. when you're through with powering through, it's time for theraflu hot liquid medicine. powerful relief so you can restore and recover. theraflu hot beats cold. i'd like to thank our sponsor liberty mutual. they customize your car insurance, so you only pay for what you need. contestants ready? go! only pay for what you need. jingle: liberty. liberty. liberty. liberty. 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. as a business owner, your bottom line is always top of mind. so start saving by switching to the mobile service designed for small business: comcast business mobile. flexible data plans mean you can get unlimited data or pay by the gig. all on the most reliable 5g network. with no line activation fees or term contracts. saving you up to 60% a year. and it's only available to comcast business internet customers. so boost your bottom line by switching today. comcast business. powering possibilities.

>> no republican congressman and falsely proclaims college star athlete george santos has said he's not stepping down despite claims the house ethics committee, denunciations from the new york delegation a both parties as well as top republicans from his home district. he told one of them he was a valuable star in college, which you never attended, but never mind, he certainly metal today, running away from cnn's manu raju, like a man with his pants on fire. >> mr. santos, why did you lie to your voters about your qualifications, your past, that you are jewish? why did you lie to them? i think voters deserve an explanation about why you lied about your past? how can he be trusted with sensitive security information? mr. santos? >> how could you say your voters elected you if they did not know who they were electing? >> heavy talking to authorities about the fraud charges are facing, mr. santos?

are you staying calm because you are concerned about democrats picking up the seat? what has the speaker said to you, mr. santos? as he told you to stay in office? have you got assurances to be on reassignment, mr. santos? mr. santos? why did you say your family fled to holocaust? how can you be trusted with classified security documents, is desantis? santos? mr. santos, why would you not respond to any of these questions about your past? >> can you imagine being a staffer for that guy? your whole job would just be that, like holding your arms in front of the elevator, so that he can get in, and you get in. it will be a long two years. joining us now is new york democratic congressman, richard torres, one of two members filed a complaint against mr.

sanders this week with the house ethics committee. congressman, you introduced the sentence act today which is now known for stopping an untruthful office seeker that would -- seek to acquire -- go file additional information about their background and impose a penalty at a lie. his argument seems to be despite the lies he made it to, they deserve to have their for -- what was your response? >> lofton mentioned is the fact that george santos -- he won under fundamentally false pretenses. he lied about every aspect of his life, his family heritage, his employment, his education, his business dealings, his endeavors, has to historical events like a mass shooting, the holocaust, 9/11, so the birth of his deception is simply staggering and for him to speak as if he one barely is completely disingenuous and dishonest. he is no shame. not only lies, he lies about his lies, claims he never lied about his work experience, that

he only embellished. he claims he never said that he was jewish, only that he was jew hyphenated-ish. while these guys would be laughable were not for the fact that this charlatan is now a united states congressman. >> not talking to actual reporters, he went on a radio program with matt gaetz, and he lied on the radio program saying he lived an honest life and never been accused of anything. you filed an official complaint with the house ethics committee asking to investigate the congressman. do you know if and investigation like that, can centers use campaign funds to pay lawyers to do with that investigation? i'm wondering at just the pressure alone and that investigation and the financial burden they would put on mr. santos would be enough to drive

him out of congress because he wants to avoid the financial cost of the investigation. >> i mean, it seems to me that mr. santos is intent on clinging on. this is the myth that he would only resign in the context of a plea bargain with the u.s. attorney, but more dangerous than his lying is his probable lawmaking. for me, the million dollar question is where did all the money come from, how did he manage to land his campaign over $700, 000, as recently as 2020. he reportedly earned a salary of $55, 000, and then he subsequently reported earning more than 3. 5 and 11 point $5 million, and he claims that the money comes from multiple organizations, which is shrouded in secrecy, has no pop-up site, no linkedin page. he claims to have run millions of dollars from all these clients but he never disclosed the names of the clients, as required by federal law, and that's why congressman goldman and i filed an ethics complaint

because mr. santos likely falsified his financial disclosing. >> it is extraordinary that a republican congressman also representing long island in new york is calling for a full investigation. a number of his fellow republicans from the district have said that he should resign. a number of republican officials in nassau county have said he should resign. would you support taking this through law enforcement if the house ethics committee refuses to investigate? >> mr. santos is the target of criminal investigations at the local, state, national and international level. i support holding him accountable by every means. but know that there is a growing disconnect with the local republicans, who are directed for the voters, who called on him to resign and house republican leadership, which has been conspicuously silent about the fraudulent of george santos. kevin mccarthy needs every vote he can get, and he needs the vote. george santos, the new speaker,

is at the mercy of not only the most extreme elements of his party but the most at the compromising. >> congressman torres, appreciate time tonight, thank you. coming up, the suspect and the murders of four college students in idaho was in court today. our gary tuchman is in to stay with the latest on the trial and reportedly all non speculation and sometimes misinformation about the suspect. introducing the new sleep number climate360 smart bed. only smart bed in the world that actively cools, warms and effortlessly responds to both of you. our smart sleepers get 28 minutes more restful sleep per night. proven quality sleep. only from sleep number. (jennifer) the reason why golo customers have such long term success is because the golo plan takes a holistic approach to weight loss. we focus on real foods in the right balance

so you get the results you want. the release supplement makes losing weight easy. release sets you up for successful weight loss because it supports your blood sugar levels between meals so you aren't hungry or fatigued. golo is real, our customers are real, and our success stories are real. we have a 98% satisfaction rating. why not give it a try? type 2 diabetes? discover the ozempic® tri-zone. in my ozempic® tri-zone, i lowered my a1c, cv risk, and lost some weight. in studies, the majority of people reached an a1c under 7 and maintained it. ozempic® lowers the risk of major cardiovascular events such as stroke, heart attack, or death in adults also with known heart disease. and you may lose weight. adults lost up to 14 pounds. ozempic® isn't for people with type 1 diabetes. don't share needles or pens, or reuse needles. don't take ozempic® if you or your family ever had medullary thyroid cancer, or have multiple endocrine neoplasia syndrome type 2, or if allergic to it. stop ozempic® and get medical help right away if you get a lump or swelling in your neck, severe stomach pain, or an allergic reaction.

serious side effects may include pancreatitis. gallbladder problems may occur. tell your provider about vision problems or changes. taking ozempic® with a sulfonylurea or insulin may increase low blood sugar risk. side effects like nausea, vomiting, and diarrhea may lead to dehydration, which may worsen kidney problems. ask your health care provider about the ozempic® tri-zone. you may pay as little as $25.

>> the man accused of stealing these for our lives return to court today. brian kohberger it is charged with first degree murder and snapping of the four idaho students in november. police continue to seek any information about him. our national correspondent gary tuchman is in moscow, idaho. he joins us now. what happened in court today, gary? >> anderson, kohberger remains in this county jail here in moscow. this is also the chorus. it's where we saw him today, in courtroom number one. when he walked in, he is wearing an orange prison suit and shackles around his likes. he should absolutely no emotion. his public defender told a judge that we waive the right to a speedy trial. the judge asked kohberger if he agreed with that. he said, yes. therefore, there will be no plenary hearing next week that

is expected. is that, both sides agreed on a date of june 26, more than four months from now, five months now, for that particular hearing. all over the world, people are following this case very closely, but some of those people are extremely obsessed, as you'll see. >> police and prosecutors are being required to stay quiet outside the courtroom about the university of idaho court case. but on the internet, there is so such prohibition. >> we have uncovered what we believe are some old riding a brian kohberger. >> most of it on tiktok, facebook and other places is speculation and hypothesizing. >> the evening following the murder, kohberger's was pink in three hours away from moscow. comedian exponential forest. -- consider this. facebook group, the university of idaho murders case discussion has more than 225,000 followers. this is just one of many groups discussing the hypothesizing about the

case online. prior to the arrest of brian kohberger, a user who goes by -- was a prolific contributor on the site, with many creepy and insensitive posts, and what turned out to be incorrect speculation, such as, the white elantra is a red herring. he also declared of the evidence released, the murder weapon has been consistent as a fixed blade knife. this leads me to believe that they found the sheath. the fact that he got the details correct about the sheet, despite getting so much else wrong is one of several reasons many on social media the paparazzi was kohberger. >> this person saying i really think papa roger was be k, kohberger's an initial. >> this person, this papa roger stuff as well, how could anyone know about this, very unsettling. there is no indication that facebook or the police believed papa roger, who is no longer in the group, is kohberger. then there was this video taken at the four murder victims prior to kohberger's arrest, with many people

hypothesizing online. >> people think that the idaho murderer attended his victims vigil. >> this person commenting that brian kohberger spotted in moscow, idaho. and this person, sure looks like a psycho but a tv crew for the news maxine inside edition is at the vigil and has videotape of him and close-up. it's definitely not kohberger. we're not showing his face to protect his identity. and then there is this. >> a lot of people have been asking, who is the -- rebecca schofield. >> woman who calls herself ashley solved mysteries has posted scores of videos on tiktok accusing a university of idaho professor of participating in the killings. never mind the police said the professor was never a suspect, the tiktoker whose real name is ashley -- posted this video about two weeks before kohberger's arrest. >> we need to dig deeper into her personality so that we can understand her beliefs and who she is so that we can further understand her motives for the murders. >> we reached out to her, she did not respond. but professor

rebeca schofield has responded. her attorney following a defense mission lawsuit against the woman. the lawyer saying that the statements made about the professor's false, plain and simple. what is even worse is that these untrue statements create safety issues for the professor and her family. they also further compound the trauma that the families of the victims are experiencing. professor schofield toy sent cease and desist letters to -- but she continues to make false statements, knowing that they are false. thus, this lawsuit became necessary to protect her safety and reputation. >> gary, what is expected to happen in the plenary hearing in june? >> yeah, so this preliminary hearing, anderson, will be very important and begin on june 26. it could last all week, and it's a mini trial of sorts for the lower standard approval. of proof. the prosecution will present more evidence, even more than we heard last week. the defense will get a chance to cross examine, and ultimately, the judge will have to decide if

there is sufficient evidence for the defendant to be but it over for trial. it's likely that will happen with the amount of evidence we've seen so far, the amount we anticipate we will be learning. we are wondering, we don't know the answer to this, but one thing we did learn last week in the affidavit, what is the motive, what do police and prosecutors think the motive? we may learn that starting june 26. anderson? >> gary tuchman, appreciate it. ahead, a new phase in the january six aftermath, key members of the so-called proud boys go on trial, this is the extraordinary charge of seditious conspiracy, we'll take you inside the case next. u won't take a time-out. one dose of ubrelvy quickly stops migraine in its tracks within 2 hours. do not take with strong cyp3a4 inhibitors. most common side effects were nausea and tiredness. ask about ubrelvy, the anytime, anywhere migraine medicine.

♪ ♪ ♪ voltaren. the joy of movement. ♪ i have sleep apnea. couldn't use cpap. now i have this. this is inspire. it's simple... it's just a button. sometimes i press his button. inspire is a sleep apnea treatment that works inside my body with the click of this remote. no mask, no hose, just sleep. we go night-night now. inspire. sleep apnea innovation. learn more and view important safety information at inspiresleep.com.

i'm a vegas hotel. i know what you're thinking - it's cool, i don't want anything too serious either. just a fun, spontaneous thing. i'm looking for someone who will let loose. dress up a little. see a show. order the steak and the lobster. some people say i'm excessive, but who cares. i'm just looking for a saturday to remember, and a sunday by the pool. think you can keep up?

gronk speaking. great news gronk! you're going to be in the fanduel super bowl commercial. nice! so i just lift up my phone and say, “new fanduel customers bet $5, win $150 bucks?” exactly! and fanduel is putting up a $10,000,000 payout when you kick a field goal during the super bowl. wait, i don't kick, i catch. and it's going to be live. live!? it's called the kick of destiny, good luck, don't miss! oh boy. bet $5 now, get $150 in free bets. fanduel, america's number one sportsbook.

>> opening statements begin today in the federal case against five leaders of the so-called proud boys for the attack on the capitol. they are the second group the justice department is prosecuted using the rare charge of seditious conspiracy. joining us now is the enforcement correspondent whitney wild. whitney, what case the prosecutors lay out and opening statements today? >> they're making several main arguments, and one of them is that these leaders of the far-right extremist group, the proud boys planned for the january 6th attack. they were recruited other people to join them and prosecutors said, ultimately, they were willing to use any means necessary, including

force to stop joe biden from becoming president. prosecutors said that there was a reason for this. it was because there was a lot of concern within the organization that if biden were elected, that would mean the end of the proud boys. and they also made the argument that after former president trump told them to, quote, stand back and stand by, the battle lines were drawn. >> how much evidence is there that the defense that only participated in the attack but also have been planning to violently attempt to stop the transfer of power? >> quite a bit of evidence that prosecutors have been pointing to include messages that were sent within this group in addition, they were pointing to just the overwhelming amount of video, some of that video captures the very moment that one of these defendants broke through the window, ultimately becoming the first rider to actually make way inside, so the evidence that they are continuing to point to is really overwhelming. as we know, this capital riot is one of the most documented crimes of all-time, and certainly, that is the case here. >> what was the argument of the defense?

>> it made a list of arguments, as well. some of those arguments include the fact that they believe that there is no specific evidence to support the evidence a specific plot that was laid out ahead of january six but instead, defense attorneys are making the argument that they were just caught up in the mob mentality. another argument they made, anderson, was that the protests happened in the capital all the time, that protest disrupt congressional proceedings all the time, and that this was no different. finally, anderson, they were making the argument that ultimately what this is really about its very core is just delaying a congressional proceeding, so, certainly, two very different ways to view the evidence and, notably, anderson, the prosecutors and the defense both used the same piece of video in their opening argument, something that we certainly saw during the oath keepers trial as well, basically, the evidence there for both parties to try to use about putting dramatically different bins on it.

>> appreciate it. i'm joined by jason van tatenhove, a former spokesperson for the paramilitary group the oath keepers. when the leader and another member of the group were convicted last year, he testified during the public hearing of the january six hearing in july. so your experience with the oath keepers, it's fascinating, the leader of the oath keepers, stewart rhodes, he lived in your basement. >> he did for eight months. >> first of all, what attracted you about the oath keepers, initially? >> originally, it started with a healthy distrust of the government? it evolved over time, became much more radicalized and much more open to -- >> you saw that happening? >> yeah, we saw a shift from what i would term kind of a libertarian anarchist book up to what we saw a bony ranch and then a progression of armed standoffs. >> what was roads like?

the guy who led this group, he went to yale law school. i don't know what happened in his lifetime to this point, but is he a true believer, is it for membership? >> i don't think he's a true believer. he's a smart individual, a very talented artists, as well. he was a sculptor, it incredible artwork, but he obviously, i feel like he really did not have a moral anchor, and the more attention he got, the more camera time we got, the more membership and donations, that just led to him opening up and moving this creek that continued to a hard right direction. >> did a day -- from the inside, stewart rhodes i talked about all the people who are in the military and law enforcement belonged to the oath keepers, is that legitimate or is that -- was a people who actually did have combat experience? >> yes and no. there were a lot of veterans involved, but generally, the

combat veterans, those are pretty sharp, squared away guys. they would come in and see that this was more a cult of personality and quickly exit stage left. but the messaging was there, and he was really good at spinning optics. you know, he kind of inflated and made it seem like it was a lot bigger with a lot broader membership base than it really was. >> he was supported by this, this was a sole source of income, the memberships? >> yeah, he was not successful on a financial side of things, they can alex jones. and alex is much better on the financial side. >> rhodes was living in your basement. >> his wife picked him out, working on a restraining order, and he had nowhere else to go. by that time, i was gone. i had left and started a new life as a first responder, and he shows up at my door, knocking on the front door, hey, i've got no place to go, and i am a sucker, so i let him come back and stay. it is only supposed to be for a couple of nights, and then it wound up being eight months.

and sadly finally kick him out. >> wow, so how big a threat are the oath keepers? >> i made a mistake that i discounted them after i left. i thought there was a certain amount of inept this involved. i got to see behind the curtain, but that was a mistake because, i remember sitting on my couch on january six watching in high definition, as all this unfolded, and it was like i got punched in the gut because i underestimated it, and i had to come to the realization that i may have had a part to play into with the messaging that i helped produce. >> even people that are inept or want to be weekend warriors can still do damage to people. >> and people died that day. >> what do you think people need to understand about, whether it's proud boys or oath keepers, both groups were there that they? >> i think what is really important now is that we're in a critical moment in history that what we do with democracy and where we go with what happened on january six, withholding the leadership to

account, will echo throughout the world, that the events that happened in brazil this weekend are a direct result, and the world is watching how we handle our democracy, and how we navigate these issues. it's very important right now that we really hold some account and really get our own house in order because what we do in america echoes to the world. >> jason van tatenhove, appreciate you being with us, thank you very much. >> thank you. >> coming up, the news continues, cnn tonight with laura coates is next after a short break. even if you got ppp and it only takes eight minutes to qualify. i went on their website, uploaded everything, and i was blown away by what they could do. getrefunds.com has helped businesses get over a billion dollars and we can help your business too. qualify your business for a big refund in eight minutes. go to getrefunds.com to get started. powered by innovation refunds. ♪

whenever heartburn strikes, get fast relief with tums. its time to love food back. ♪tum, tum tum tum, tums♪ at adp, we understand business today looks nothing like it did yesterday. while it's more unpredictable, 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 ♪ ♪limu emu & doug♪ hey, man. nice pace! clearly, you're a safe driver. you could save hundreds for safe driving with liberty mutual. they customize your car insurance... ...so you only pay for what you need!

[squawks] whoo! we gotta go again. only pay for what you need. ♪liberty liberty liberty♪ ♪liberty♪ even if you like a house, lowball the first offer. the house whisperer! this house says use the realtor.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.