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♪ you're with us for a brand new hour. good to have you along.

i'm victor blackwell. today the fbi is helping michigan state university students and staff return to the building where the shooting that happened -- they can recover any personal items today. the campus will stay closed until at least monday. community leaders, university staff, students begin to gather to mourn and show an overwhelming sense of outrage. >> i think that, when 20 kindergarteners were mowed down in sandy hook, not much changed. my hopes are low that something will change now. we're in a position where democrats are in control of all aspects of the state government. hopefully at least in the state of michigan we can make some changes. >> a vigil will be held tonight for the three students that died, brian fraser, arielle anderson and alexandria verner.

>> five other students are in the hospital fighting for their lives. one of the students family members said, doctors tell us even in improving conditions, the process will take months of care and subsequent rehabilitation. a student has shared new video that shows moments when he and his peers were locked in a classroom. the lights were off and the students were arguing over whether or not to open the door after a loud knock. >> we're talking to the cops right now. >> josh campbell is following this for us today. josh, we're learning that the suspect was previously charged with a felony, yet he was still able to purchase not one, but two firearms recently? >> reporter: that's right.

let's look at the timeline. in 2019 this mass shooter was pulled over by police in michigan. the officers ask if he had a firearm and he said he was armed. he was charged with a felony because he had a gun, but not a license to carry. he plead to a lesser charge to having a weapon in the vehicle. because he was not convicted of a felony, he was not prohibited from going on to buy additional firearms. we don't know how he got the guns used in this mass shooting, but this situation raising questions about the laws there and why the prosecutor didn't go for the felony. this is also raising questions about red flag laws. can someone actually go to a judge and request that someone, because of the signs of -- troubling signs, actually be prevented from getting firearms. i'll read for you what the

shooter's father told cnn about this downward spiral he was in since his mother died. the father said, ever since my wife died, my son was getting more and more angry and bitter. so angry, evil angry. the father said his teeth began to fall out, his hair began to fall out. this is raising questions as to why nothing was done to get this person some help, bring him to the authorities or counseling program. a lot of questions investigators are trying to get answers to. >> josh campbell, thank you very much. let's bring in michigan state representative julie brixby. thank you for being with us. i wonder in this moment when you and university officials are trying to reassure these students that they are safe, that they will be safe, what the message is and what should

change, if anything? the point of a big state school campus is there's freedom. there's freedom of movement and interaction. when you have this threat, does that change at all? >> it does change. it really is a terrible violation of a place that's kind of a sanctuary and a place that for so many represents joy and fun and learning and the beginning of what's to come. kids go away to college and they get to that campus and a lot of times it's the first time they've been on their own and you have the great wide open world ahead of you. everything is a possibility and an event like this is just so shattering of all of that and tragic and unnecessary and uniquely american. >> you tweeted that we must stop

tolerating these horrific acts. in 2021 you introduced a house bill that would ban firearms at banks, churches, schools and arenas. it never passed. are you going to bring this back up for a vote and would you include university campuses in that? >> interestingly enough, we have gun-free zones here in michigan, but we have legislation that was so poorly written that, if you own a concealed carry permit, you can open carry in most places. second amendment rights have been a really bitter fight here in our state and we're just coming off of over a decade of republican control in both the house and the senate. this year is the first opportunity that we'll have had

to make meaningful change. we have -- democrats have a huge priority of this issue. it's wrong that our kids are going to school in a place that should be a safe haven and sanctuary and they're having to learn how to barricade themselves from active shooters while they're learning fractions and line division. it's not acceptable that we have been tolerating this as a state and a nation. >> what is the -- >> we will -- >> you said you will act. it's time for meaningful action. do you know what the action is? >> yeah. the very first things are extreme risk protection laws where a family member or someone can report someone who is having some kind of mental health

crisis. it could be a domestic violence situation or it could be just an observation of a parent or a loved one that needs help. these protection orders are very helpful for different kinds of reasons, including suicide which really takes a lot of lives in our nation. the other thing that we need to do is we need to work on universal background checks. you know, our laws are only -- furthermore, our laws are only as good as what our neighboring states do, right? so the safe storage -- universal background checks and protection orders are the three things that make very much common sense to implement. we have a lot more than that

that we're planning and working on. i'm confident we're going to be taking further steps. in this space, in this time, in the last 48 hours, i've been focusing on helping the students and staff with mental health resources that they need. >> keep us up to speed on anything you'll introduce. i know it's personal for you. you're an alumni and your husband works at msu. thank you for your time. the man who fatally shot ten black people in a racist attack at a grocery store last year was sentenced to life in prison for each of his victims. today in that buffalo courtroom we saw an emotional moment when an unidentified man lunged toward the convicted killer. >> we loved our kids. we'll neve r --

>> we've been following today's hearing. omar, that was so difficult to watch. >> this was an emotional hearing from the start. there were 17 victim statements on the books. we knew the day was going to be for a lot of these families reliving what had happened back in may 2022, but this time in the face of the person who took their loved ones. that moment came while barbara massy was speaking. she was the sister of a woman

killed. i want to play another moment from how another family member spoke. she lost a cousin and aunt that day. >> i hope you spend the rest of your life, every second, every minute, every hour rehearsing the daunting sound of the screams and the echos of the lives you snuffed out. >> the killer spoke today. what did he say? >> there was a big question on whether he would speak or not. he said he was sorry. he said he acted out of hate. i want to play a little bit about what he had to say. >> i did a terrible thing that day. i shot and killed people because they were black. looking back now i can't believe i actually did it. i believe what i read online and acted out of hate. i know i can't take it back, but

i wish i could. >> while he said that, not many people -- there were a significant amount of people in the audience. they didn't buy it. especially for those family members, one person when he finished yelled from the background, he doesn't mean it. another person said, how could he say he's sorry when he planned this months in advance. he filmed it and then he still executed all these people. keep in mind, the death penalty is still on the table for a federal -- a set of federal charges he's facing. these were charges at the state level. >> obviously very 'most al day for all those families. the entire community of buffalo. omar gimenez, thank you. we have some said news. raquel welsh has done.

>> our cnn entertainment reporter is here. what do we know? >> it's such sad news. we confirmed at 82 years young she passed away in los angeles after a brief illness. we don't know what the illness was. she was a woman that not only became a sex symbol, but was a great actress. she opened the doors for so many actresses today and so talented. i was watching her performing with cher and singing. she was on broadway and she did so many wonderful things. you know, she won awards and she was just this incredible actress. this is shocking a lot of people. again, 82 years old. she starred in projects just a few years ago. she was still actively working. we don't know what the brief illness is and what happened. again, a big shock to so many people. she starred -- she rose to fame

in "1 million years bc." do you remember that poster that made her famous? >> i do. >> in that bikini. it's one of the 100 most famous bik bikinis. she went on to star in so many films and, like i said, so many friends in hollywood, so many positive things people had to say about her. sad i never got a chance to interview her. at cnn we covered her career for decades. really sad news today. >> talented actress, just stunningly beautiful from her youth up until -- >> and a pioneer. >> chloe, thank you. donald trump officially has his first primary opponent. after his former u.n. ambassador nikki haley kicks off her

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they're going to be digging through flight data to look through trends and try to figure out if more of these incidents are happening than we realized. today's hearing was focussed on that notam system that failed last month. it was caused by human error, by someone accidentally deleting files during system maintenance. the faa's acting administrator billy nolen took a lot of questions about that and said the agency expects to be fully transitioned to a more modern system by 2025. they've been in some safeguards that he said should prevent another potential ground stop. listen to what he told lawmakers. >> we have redundancy there. could i sit here today and tell you there will never be another issue on the notam system? no, sir, i cannot. we're making every effort to

modernize and look at the procedures. >> we just learned the ntsb is investigating another incursion, another close call, the third one in recent weeks. this one january 23rd at honolulu international airport where, according to the ntsb, a united 777 crossed a runway and conflicted with a cessna that was trying to land. no damage or injuries were reported. victor and bianna, another example of aviation safety under the microscope. >> gabe cohen, thanks for the reporting. while congressman george santos mulls his re-election prospects, top republicans are plotting to oust him. we'll have new cnn reporting up next.

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his plans to fight the subpoena issued by special counsel jack smith. it's something our team did report on that mike pence would be fighting this subpoena. now the former vice president is confirming it. he's been saying, my fight is on the separation of powers, my fight against the doj subpoena is on defending the prerogatives i had as president of the senate to preside over the joint session of congress on january 6th. what the former vice president is saying he'll be fighting the subpoena on the grounds of the speech or debate clause. this is a clause that protects legislators on testifying on things that are -- with respect to their legislative duties. he will be arguing on january 6th and leading up to it he was serving in the legislative branch as president of the

senate. he'll say his conversations with former president trump and others leading up to january 6th are protected. this is notable because mike pence will have a legal fight on his hands as he moves forward potentially announcing his presidential bid for 2024. this could really muddy the waters for him in the next few months on the legal front here as he simultaneously works in the political realm. we've seen other lawmakers fight subpoenas on similar grounds. we saw senator lindsey graham fight his subpoena from the fulton county d.a. in georgia. he won in some respects, lost in some respects. the court said he still had to testify, but he could limit his testimony. we could see a similar court fight play out, a similar conclusion, but it really will draw the former vice president into a court battle at the same time as he mulls this decision as to whether or not to run for president in 2024.

>> the length of that fight will be crucial as it butts up to the time he would have to make that decision. lindsey graham's fight didn't take very long in the scope of some of these fights. jessica snyder, thank you for the reporting. despite the mounting web of lies, scandal and legal issues congressman george santos remains defiant. cnn is learning he's already looking ahead to a second term. >> he insists he'll be cleared of all wrongdoing as he thinks about a re-election bid. top republicans have other plans. manu raju is on capitol hill. what are you learning? >> reporter: this is a real dilemma for top republicans in washington. they don't want him to resign right now because, if he were to do that, it would set up a special election in a district that joe biden carried by 8 points, something that could flip to the democrats. but they don't want him to run

for re-election in 2024, if he does, he could sink some other new york republicans. they want him to decide not to run for a second term. we are learning behind the scenes that santos is considering running for re-election. he's told that to republicans previously signaling he wasn't going to do so. he's now changed his mind. he believes he can clear himself of all wrongdoing and be able to push back any looming indictment that could come down. there's a different view in new york. new york republicans, including some here, say george santos should not be the nominee. they're prepared to defeat him in a primary if he decides to run. >> george santos will not be on any ticket in 2024. >> what makes you so confident? >> i'm very confident that, first, the investigations are going to produce truth and that

truth might come as a surprise to congressman santos, but not to anyone else. leadership and constituents in his district on long island have had enough. i don't see a scenario where he runs for re-election or even completes his term. >> reporter: there's a time element here. by march 14th the federal election commission asked santos to declare whether or not he's running for re-election in order to allow him to continue fund-raising. he has to make a decision there. if he decides to run again, even if he were indicted on federal charges, that does not force him to resign. he has to make that decision on his own, or the house could vote to expel him. to do that would require two thirds majority of the house. that congressman right there, a freshman republican from new york, said he would support voting to expel him. remember, the house republican leadership weren't there quite

yet, including kevin mccarthy who believes the investigation should play out. if george santos would resign, he would have to defend himself in a special election. >> manu raju thank you. ron brownstein is here and alice -- glad i didn't say what i just almost said. the idea that george santos is running for re-election, or considering running for re-election, based on what credentials. we don't know anything about this man, but republicans say we want him out, but not yet. we still need that seat and that vote. >> it's based on the credentials that he's made up in his mind. the problem is they're all false. he says he can beat the allegations against him.

he cannot beat them. he cannot beat a gop challenger and he's not going to beat legal action coming his way. i applaud the republicans in new york state and others who are saying it's time for him to move on, time to look for a valid, credible primary challenger against george santos and make sure that seat is held by a republican. i've spoken with the nassau county gop. they are frustrated. they feel like they were duped and they're also discouraged because the constituents in that district are not being served. they're not getting the value of a member of congress who is there to help them. he's so busy with his own fights against all these lies that he's not serving the constituents. that's a true shame. >> so, ron, someone else running on their credentials -- hard transition. nikki haley throwing her hat in the ring as a nominee for

president in 2024. just curious specifically from what you heard today in her speech, from her tone, to her language, what did you make of it? >> well, the republican leaders on george santos remind me of the dear lord make me chase, not just yet. we would like him to be gone, but not yet. nikki haley is interesting. i think she embodies the challenge that republicans will have moving past donald trump in 2024. the kocore dynamic in the republican race is that in a republican primary, just as in the general election, donald trump is much stronger among voters without a college degree. in 2016 that worked for him. he got more than half the voters without a college degree and college-educated republicans splintered. even though two thirds oppose trump, no one was able to

consolidate that block of voters in the primaries. the challenge emerging again is that many of the candidates who are stepping up as potential 2024 rivals, like nikki haley, like chris sununu, like glenn youngkin, all of them may be better suited for that white collar republican audience. her argument is about generational change, a new generation of leaders. i think those arguments will appeal to the white collar republican side of the party and of course the risk is that that will fracture the vote. she's talking about generational change in the republican that are also white, but also gray. >> ron, i'm going to stick with you on this point of age. i remember during one of the early debates for the democrats when representative eric

swalwell made a generational argument. they booed him off the stage and out of the primary race. for her to suggest this test for anyone over 75 when republican voters are historically older than the democratic base, older than democratic voters, primary older in general and older overall in general, is she hitting that age thing a little too hard? >> 60% of republicans voters are now white voters over 45 roughly. in these primaries in states like iowa, south carolina and georgia, tennessee, we're talking about two thirds and three quarters of the republican voters are over 45. obviously she's aiming primarily at president biden in that, but donald trump gets caught in the blast radius as well. there will be some audience,

victor, in some parties to the idea that we need a generational transition. the idea of having trump versus biden again, 160 years of combined age, is an unappealing prospect for many voters. the idea for haley is can she expand on the country club republicans. >> alice, you spoke to the haley team. what did you learn? >> they were encouraged by the feedback they've received from her speech today and the reception in the crowd. she gave a very positive, uplifting message of looking to american pride and looking to the future. it's hard to gauge was resonated with the crowd if you're not there. they were specifically pleased with how the audience responded with her talk about generational change, saying it's time to get

away from the stale names and ideas of the past. a key point of applause in the group was when she talked about american is not past its prime, but many politicians are past their prime. that's the key message she will have moving forward. i think it's great to have more people in this race, a robust republican primary is great for democracy. it's also great for the party. the key is to make sure that everyone goes out to these early states and test your message, test your ability to connect with the people and in the end galvanize behind one candidate that's not donald trump. that's how we win a general election. >> alice stewart, ron bro brownstein, thank you both. >> want to know what you were about to say. tell me in the break. >> i will. the fda is considering making narcan available without prescription. we'll have the potential impact for you ahead.

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fda advisers are considering making the nasal spray version of narcan easier to get. >> cnn's medical correspondent elizabeth cohen is here with the pros and cons. what do you know? >> reporter: so, victor, it's pretty likely they might take this step. we don't know yet, but there's a lot of momentum towards making it easier to get narcan.

the way it works now, if you want that, you can go into a pharmacy and ask the pharmacist for it. you don't need a prescription, but you have to take that extra step of asking the pharmacist for it. that's a little bit of a barrier. some sppeople don't want to do that. they might be embarrassed. fda advisers are looking at can we just put it on the shelf like aspirin or shampoo? that means it wouldn't just be in drugstores. it would be in supermarkets and gas stations, really anywhere. let's look at some new statistics out from the scdc. october of 2021 through october of 2022, more than 106,000 people died during that one-year

period. it's 50% higher than three years ago. that's in large part due to fentanyl which is causing so many deaths. also overdose deaths from amphetamines and cocaine. bianna? >> elizabeth, thank you. parents in miami are outraged after they say daycare workers painted their kids' faces in black face for black histstory month. details next. how you collect coins. your money never stopsps workig for you with merrill, a bank of america company. one prilosec otc each morning blocks

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religious leaders and

activists from around the country are protesting in florida over the state's latest attempt to ban black history in schools. [ chanting ] last month, florida rejected the high school advanced placement course on african american studies claiming it's contrary to florida law and significantly lacks educational value. >> it's part of a pilot program for 60 schools across the u.s. and put together by the college board, the same group behind the s.a.t. the board says florida's decision was politically motivated. a daycare in miami is being scrutinized and criticized after a teacher had her children in black face to celebrate black history month. >> some of these children are just toddlers. cnn's athena jones has the story. >> i got a call, flabbergasted. there's no words. i'm, like, is this even real? >> reporter: this is how a

daycare in miami celebrated black history month, a classroom full of 2-year-olds in black face. >> where are the checks and balances, right, so nothing like this happens. >> reporter: courtney's 1-year-old daughter attended the daycare but was not in this particular class and says she was horrified when another parent at the school shared these photos posted on the daycare's app. they have been removed. >> i get a phone call from a close mom friend whose child also goals to the school, and she's, like, oh, my gosh, you won't believe what she's done in our childs' class. i'm sickened. there are no words. i'll, like, tell me. she said they painted all the children's face black face and sent messages out saying happy black history month. >> she reached out to the daycare owner that same day. >> immediately sending the screen shot over to her and i said no, this is racist. her response, i'm sorry? i don't understand. what are you saying? what is racist?

black face. in our school, we don't use this word. we have this kind of mind. >> reporter: as a mother of two young biracial children, courtney says it's hard to protect them. >> i thought we would have more time before these sort of things or racism or microaggressions would have to be experienced by our children. >> the daycare declined to comment. but in a message sent to the parents the day of the incident, she wrote, we have received comments on one of our teachers. we have not intended to offend anyone, and we're very sorry about any inconvenience. the following monday, she sent another message about training the daycare staff. "we met friday afternoon with teach rs and staff and went over several ethical and multicultural education points. i will teach them regarding u.s.

history and multicultural education. you may rest assured this will never happen again. ." but that promise wasn't enough for courtney. she's pulled her children out of two separate branches of the studio's daycare and is looking for another child care provider. >> bottom line is we can't trust them with our children. >> that really is the bottom line. she wants to find an administration at a school she can trust to educate and care for her children properly. she's looking for a more diverse student body. she also said she doesn't understand why this happened, how it could slip through the cracks. she says she understands teachers have the freedom to choose their activities but at another location to celebrate black history month, the students were painting traffic signals, learning about garrett morgan, a black inventor who got a patent for the first traffic signal in 1923. their activity was to paint traffic light pictures. they painted their faces black.

>> and the teacher had no idea why that would be offensive. >> and she's now going to teach the team about multicultural issue, so she'll be learning as she teaches. outrageous. >> i hope more parents pull their kids out of that. thank you so much. against all odds, rescuers in turkey continue to find survivors. the latest miracle, a mother and her two children pulled alive from the rubble more than nine days since the earthquake. heardt not overpaying for glasses. two pairs and a free, quality eye e exam starting at just $79.95? yes!s! the exam alone is worth... 59 bucks. which is great, because i hate getting overcharged. you have no idea. i mean, people deserve breaks, right? yeah, brakes...! [out of control] let's go save! can't stop won't stop!!! comin' in hot!! two pairs and a free exam starting at $79.95. book an exam today at americasbest.com. do i just leave it here? using the finest materials, like indulgent memory foam,

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pairings, you think peanut butter and jelly, macaroni and cheese and maybe pepsi and peeps. >> okay, so, a lot on this. the soft drink giant hopes you like that. it's teaming up with a maker of the classic candy, the great pepsi and peeps. this isn't the first time this drink has been available. there were a few thousand cans given away at a contest a few years ago, but now you can buy them at least for a limited time. >> you going to buy them? >> no. but what is with sodas trying to add other stuff to it? we had pilk and now there's -- >> pepsi clear. what was that? >> not pepsi clear, the new -- like -- >> oh, yes. you drink a soda to drink a soda. right? not a fan of peeps. >> i am not. >> "the lead" with jake tapper starts right now