imminent threat or danger, police are able to use a level of force and there is a question of continuum of force. someone should not die in custody. >> he came to the u.s. in kenya at the age of 4 and was interested in hip-hop was part of the kenyan-american community. >> cnn has reached out to the attorneys identified so far for the accused deputies. we have not heard back. theirs about, henrico county sheriff declined to talk to us on camera, but said her office is cooperating with the state investigation. >> brian todd, thank you very much. to our viewers, thank for watching. i am wolf blitzer in "the situation room." erin burnett out front starts right now. out front next, the fear goes global. the bank sell-off stretching across the atlantic as another major bank is on the verge of collapse. the question everyone is asking, is our money safe?

suze orman is out front with answers. just in, the moment a ukrainian soldier takes down a russian jet as we're learning new details about russia training elementary schoolchildren to fight. georgia has another reporting of trump pressuring another official to overturn the election and it comes as trump's former fixer michael cohen testifies before a grand jury in new york. trump's attorney is my guest tonight. let's go out front. good evening. i'm erin burnett. out front tonight, fear going global. worry of banking collapses spreading beyond the united states with mega bank credit suisse shares plummeting and a quarter of the value gone in a day and saying it's ready to bail out credit suisse with more funds in necessary and that fear ricochetting back to wall street and the dow down 700 points at one point closed down 300. shares of banks taking another

brutal blow. take the regional bank first republic, it lost 20% of its value today. it is a widely respected bank by people who know risk. as erica najarian wrote, we believe first republic is no silicon valley bank and she detailed the bank's reserves and assets, but it just might not matter and someone at first republic who finally decided psychology may matter more than reality told me they finally called to ask for their money back. they said okay, i get it, but there are 80,000 people ahead of you in line. thi this is emotion. this is psychology. credit suisse was ripe for crisis. top executive his been fired following multibillion-dollar losses and a grim story for credit suisse, but again, so was the second largest failure bank,

silicon valley bank how they failed to surge in technology deposits and so was the story of the third largest bank failure in u.s. history, signature bank are just the other day, of course. in this case, too big a leap of faith for the crypto. scare investors ready to jump ship in an uncertain world from the fastest interest rate hikes ever, eight hikes in a year and only now are we starting to see the impact of that. on that point, personal finance guru, suze orman is standing by to answer the questions we have right now because everyone has those questions. because analysts like michael faroli estimates that economic growth overall now from when we've seep in the past week will take a hit. hes for every $10 of loan that will not be made, the economy takes a hit as much as $5, think about that. these numbers and ratios people

are throwing around matter big time and that's why faroli is expectinging a resessions and ray dalio calls this the canary in the coal mine moment warning, quote, it is likely that this bank failure will be followed by many more problems and that's why what's happening day after day is worrisome. president biden did step in early and made a huge statement and that statement was loud and clear. >> americans can rest assured that our banking system is safe, deposits are safe. >> he meant to convey calm and security, but of course, on the deposit point it's technically not true. the federal government cannot step in and make all deposits good at all banks like they did at silicon valley bank or signature bank. they can't do it because there simply isn't enough money to do that if it were to acquire, and that has caused americans to pull their money and put it into banks that are too big to fail

like citigroup. we start with the former ceo of citigroup and is senior adviser at the firm, 26 north. i appreciate your time. you've seen this before. you've been through this before and running one of the biggest banks in the world. you know all of the banks that you mentioned, first rebasketball public surprise you? >> i would say thank you for having me. the speed -- and the violence with which thursday other friday, occurred between svp and signature and it i think it set people back on their heels and boom are spending yesterday and today trying to figure out if there are more banks with similar characteristics with svb's signature out there, and given the very bold and swift

action that the government took, a com bination of the fed, the fdic and treasury, is that enough and does that stem the exodus from these banks and that's some of the soul-searching that's going on right now. >> that's the question, is it enough? >> president biden on monday made a statement and he wanted to convey calm which, of course, was important to do in a real situation, right? it's not a promise that could be kept. hopefully he's hoping he never has to and that the words would provide that calm, but doesn't that concern you at all that promises like that could be made that could not be kept. >> well, i think to go back, one is we've got recognize that we do have probably one of the healthiest banking systems in the world, levels of capital, levels of scrutiny, oversight and stress testing and all those things. we had at the end of 2022 over 4,000 banks.

so i can't speak to every bank individually, but the system itself is in quite good shape. i think the measures that were put in place on sunday evening i think were big, bold measures. they're not permanent. i don't think laws would allow them to be permanent and i think they give the government flexibility to step in and provide that liquidity into the system to make sure that each and every depositor that wants to take their money out or move their money has access to their money and the ability to do that. that's something that under the structure won't be permanent, but we don't need permanence. we just need enough time for those monies to get to where they want to get and to get the system to normalize without crisis pressures to be able to move forward. >> and do you expect, bottom line, mike, and i know you don't know and sometimes you can look at the ratios and the numbers, right? and then psychology wins. >> is it possible that we have more bank failures in coming

days? >> i think it's always possible, but i think when you look at the numbers of svb and you lack at signature they had a couple of things that were very outside. one is they had a level of almost two times the national average of uninsured deposits to insured deposits so therefore the vast majority were uninsured. their loan portfolios weren't typical. they had in many cases, more esoteric loans and in the case of svb, almost half a bank was in the portfolio of being declared held to maturity which means they really can't sell? right. >> and so that caused liquidity issues and it caused concerns around solvency issues and caused people to fear that maybe their money should be placed somewhere else.

>> all right. mike, thank you very much. i appreciate your time. mike corbat is a former ceo of citigroup. new suze orman joins me exclusively, new york times best-selling author and now hosts the women and money podcast and a longtime person that i and so many so greatly admire. suze, i am so glad to talk to you because mike can say that they've done the right things and they've done what they can do, right? people are worried and they're afraid for what this means for their banks and whether your deposits in your checking or savings accounts are safe. where is the safest place where they can have their money? >> believe it or want, that has fdic insurance or treasury bills or notes. so if you really are looking for safe, safe money you want to make sure that whatever you're

invested in is backed by something else that has never failed. so you have the fdic for banks. you have the mcua for credit unions and you have treasury bills and treasury notes and treasury bonds backed by the authority of the united states' government and you can have treasury money markets and things like that, but you want to know that whatever you're invested in, erin is really insured or backed by something that has nothing to do with speculation. >> so do you think small, regional banks are safe right now, suze? >> i think some are. i think it's really a shame. they say this thing like first republic of regional bank. they're san francisco, new york, they're all over and if you have your money anywhere, i don't care where you have it or the nca for credit union limits, you have nothing to worry about, in my opinion, because it's there

for you, and i can't imagine that it wouldn't be and it was far, far more worse than this because that was a crisis where you didn't know how to value anything. at least people know what's happening right now. on my podcast on sunday i had sheila baer the former chairman of the fdic who had to go through 400-some-odd failures of banks. so if you talk to her she really knows if you're backed by fdic or mcua for credit union, you will be fine. stop panicking. >> what about the market? you know, you've got stocks and the dow down more than 700 points at one point and ended down 300 and that, suze, to me was reminiscent of the days i sat in the stock exchange and it would be down 700 and just the volatility and fear, we're seeing it again.

people have 401(k). people have money obviously in the stock market in many different ways. should people be moving money around right now? >> do you remember all of the way back in 2009 when the markets were down so much it wasn't even funny and then in 2010, 11 and it all came back. if you have time on your side you have five years, ten years, 20, 30 years or longer before you need this money, you have to stay in the market, continue to dollar cost average whether it's in an etf and hopefully you're diversified and hopefully you're getting dividends and there are many mutual funds that pay nice dividends. you keep going because as these things go down your dollar cost averaging eventually it will be great. however, you are a year or two away from retirement, you need that money. now that is is a whole other story because it take a long

time, erin it has to go up 100% for you to break even. it depends on your situation, is it good or bad and depends how much is there. in a moment where there was real fear and it was impacting people's lives, right? depositors. it immediately went to political talking points that some group of depositors didn't deserve to get their money back because tech people are somehow entitled and on the other side the bank failed because they were so worried about diversity that they weren't running the bank right. we went right to those polarizing talking points and specifically on this point that the people at svb, who by the way would have done criminal things and i don't know, i'm just maying the point that they were do ties busia you did not do their job. here's how it was put by the

governor of florida. >> this bank, they're so concerned with dei and politics and all kinds of stuff, i think that really diverted from them focusing on their core mission? they were one of the most woke banks in their quest for the esg type of policy. >> and then i know, suze, you had to see "the wall street journal" column, that besides 95% of the board being independent and 45% woman, they have one black, one lgbtq+ and 12 veterans and i'm not saying 12 white men may have avoided this, but the company might have been distracted by diversity demands. what do you say to this? >> what's the most ridiculous thing i've heard my life 367. >> what was the desire fits, to make money and to really look at

tlv their and, went and they, and it was at $ 700 a share at one point and what did that have to do with diversity. when people look at things like that to blame what happened that shows their serious lack of economic, of money and reality, and they're simply going for your vote, and if i were going to vote for somebody that was that ridiculous it would only be because i would be equally as ridiculous for wanting to do that when it makes absolutely no sense at all. that kind of thinking will get this world into recession, into trouble faster than anything else because you're not dealing with the real problem. >> suze, thank you so much. i am so glad to have you on. thank you. >> any time,i erin, and love yo and miss you. >> so good to see you.

up, in, new video this moment the moment a ukrainian shoots a russian jet out of the sky and the wagner group and the losses there and it is a story you will see only out front. new york prosecutor sig will nahhing an indictment could be coming, investigating hush money payments. >> my position is at the end of the day donald trump needs to be held accountable for his dirty deeds. >> well, trump's attorney joe tacopino will respond out front. a stunning view from space at what experts say is a volcano on venus. i brought in ensure max protein with 30 grams of protein. those who tried me felt more energy in just two weeks. here, i'll take that. [woo hoo!] ensure max protein, wit,

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get directv with a two year price guarantee. tonight, new video just in to out front, the moment a soldier shoots a russian jet out of the sky. holding a sure fas to air missile launcher and fires twice and you see the entire recoil turning away and then you will see the jet's wreckage still burning. you can appear -- you can see what appears to be a white parachute. we don't know what happened to that pilot. we do have new pilot of what appears to be a russian hideout that was destroyed and russian fighters basically moving in between homes and then, you know the ukrainians, they filmed it. the drones see it, it was spotted and you'll see the massive fireball in the

neighborhood as you see. russia's losses that they are sustaining in this way in place after place along the front line is partly why russia is -- you'reeing a big ramp up in recruitment exforts anecdotally on the ground and we have video of young children being taught to be prepared to fight. these are children in annexed crimea and that girl is fast and they're learning biological training and wagner has its own youth club in st. petersburg and there are kids who now reportedly attend there and are able to use drone simulators, reportedly. we do see it turning to its youngest and there are recruiting efforts in schools and boys as it faces mounting losses on the battlefield. melissa bell is out front tonight. >> wagner fighters at an

industrial plant inside bakhmut. they are making very gradual advances, but at a huge cost. >> this soldier says ukrainian forces have vast amounts of ammunition and are heavily shelling the area. we can't even raise our heads, he says. wagner has been trying to take bakhmut for two months and may now be running short of fighters. its boss, yevgeny prigozhin has lashed out at the russian defense ministry for starving his men of ammunition. >> translator: we need the military to shield the approaches if they manage to do so everything will be okay. if not, then wagner will be encircled together with the ukrainians inside bakhmut. >> in his latest social media post, prigozhin praised honest russian soldiers and claimed, quote, unprofessional scoundrels and intriguers crush these

modest guys and begin to push them around and humiliate them. yet another dive at the military hierarchy in moscow. prigozhin has accused the defense mippistry of incompetence and corruption and compared his own almost continuous present in bakhmut to the notable absence of sergei shoigu. prigozhin, once a putin ally and nicknamed putin's chef is a man under pressure. he recruited tens of thousands of russian men from prisons and they've endured horrendous losses, as many as 80% in some units. he's dredging for recruits and his more experienced units are stretched as they try to encircle bakhmut. western analysts think that prigozhin has fallen into a trap laid by shoigu. a trap designed to weaken both wagner and its boss. just when wagner most needs the

support of the russian military around bakhmut, it's curiously absent. russia's elite piling out the oligarch. alexei mukin accused prigozhin of political ambitions and said he was an incompetent commander adding, he has exposed the wagner fighters to a major rishg of encirclement from the attack. he has regarded prigozhin as vladimir putin's licensed disruptor and if there is an unsuccessful bid to take bakhmut he might find himself out in the cold. for now, erin, the battle for bakhmut continues. ukrainians saying it is too early to draw conclusions one way or the other in this ongoing battle. what is also unclear at this stage is what happens with the battle within the battle and whether yevgeny prigozhin can come out unscathed. erin? >> melissa, thank you very much from ukraine. out front now, major general

james "spider" marks. can putin afford to let the wagner group totally fail? >> no, he can't. he doesn't want them to fail. i tell you, melissa's report was really phenomenal, the levels of detail and the analysis and the relationships and the interknifing and fighting that ostensibly takes place within putin's hierarchy. it's not frightening. it's to be expected, i guess. it's a imga of thrones kind of environment. putin can't afford to lose the wagner group, and i will tell you, if he were to lose prigozhin someone else would step up and they'd be recruited in and that individual would go about the business of creating a contract force not unlike the wagner group. the money exists and they'll find the recruits and they're going to pay folks. they have the money to buy the kit and the individuals and that doesn't mean they have the training. so i think putin's got himself a legitimate problem here having

much freedom into prigozhin's hand. >> you know what's interesting? i spoke to a ukrainian soldier in bakhmut and he told us something he heard about and it still sort of stuns to imagine that the wagner forces literally run into machine gun fire and they die en masse. here's what he said. >> i can't believe that people, a real person can run without afraid to die, without no recitation and they see the fellows falling down and they continue running. wagner have only -- only one chance to survive is to take our position, our trenches. that's all. they have no choice to return to the position because they will be killed from their fellows. >> i mean, it is amazing to hear him say it, right? that, you know, and then i realized the key to their

success because they can't turn around. they know they're going to die. so their best shot is to run into machine gun fire. >> yeah. there is a distinct difference between a ukrainian soldier who is fighting for the sovereignty and independence of his nation and the russian conscripted and the contracted wagner group individual. russian -- i'm sorry, the ukrainian soldier is going to fight for his buddies. he's fighting for his organization. he's fighting for those on his left and his right and that individual is more frightened about letting them down than he is potentially dying in combat. the ones that are working for wagner know that the end state will be death of some sort so they really don't care. they are frightened of dying, but they are more frightened to be shot in the head if they are to return. you have professional soldiers,

vis-a-vis, the conscripted killers with no motivation other than the threat from a boss, effectless, horrible leadership. they're going to end their lives one way or the other so they have no choice. >> that's just stunning. >> it really is just incredible to think about it if you think about being in that position which a year ago none of them could have possibly comprehended and here they are rushing in to die. thank you very much. we are hearing of another recording of trump and this is from georgia pressuring to change the election. this is one we just heard about. a grand jury hears from michael cohen for the second time. so trump's attorney is my guest next. desantis, saying it is not vital for the united states to support ukraine. >> i would prefer to have a president that understands that

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tonight, donald trump's former lawyer michael cohen testifying before a grand jury investigating hush money payments made to adult film star stormy daniels. here he is on his way out of the courthouse tonight. >> this isn't a question of vindication. it's not a question as i stated before about revenge. this is a -- my position is that at the end of the day donald trump needs to be held accountable for his dirty deeds if, in fact, that's the way that the facts play out. >> daniels also today meeting

with the manhattan district attorney's office. trump has been invited to appear before the grand jury which is the clearest indication yet that prosecutors are nearing a decision on whether to take the unprecedented step of indicting a former president. out front now, trump's attorney joe tacopina. i appreciate your time. you heard michael cohen coming out today moments ago. what's your response to him? >> i mean, look, allen bragg once said and i hope he remembers these words, he can't see a world in which he would base a prosecution of donald trump on the word of a convicted perjurer and felon like michael cohen. he's still a convicted perjurer and he's someone who is convicted of lying and it's not about vengeance. it's all about vengeance for him and putting that aside, erin. here's the question. does anyone actually believe, anyone, left, right, middle, whatever that if someone else were accused of paying hush

money to avoid a public sex scandal in the manner that donald trump is allegeded to have avoided a public sex scandal they would be prosecute, the answer is 100% no. and we cannot as a society, pro-trump, anti-trump, left, right, want the weaponization of the justice system or a prosecutor's office to pursue political opponents with -- with rule of law. it's just not right and that's exactly what's happening here. >> i want to ask you about that, but first on the point you said about michael cohen, convicted perjurer. yes, and he served his time, but the fdny is not going to indict based on what michael cohen says. if they would have done that, they would have done that a long time ago. they heard from other witnesses, kellyanne conway appeared there, hope hicks appeared there. does any of that give you pause? >> yeah, well, it gives me

confidence it should give alan bragg pause. the southern district of new york is the top echelon, the holy grail, if you will of prosecutor's offices in this country. they had plenty of time to indict former president trump if they wanted to and they chose not to because they not that campaign election law makes it very clear that there was no violation. erin, if there was no campaign law violation here there is no case at all. at all. >> i understand someone who was involved in that the other day told me that time had passed, when that decision was made not to indict and they thought, you know what? they could have had more information. they could have figured it out and they're not going to move without having that, right? that they've got the goods. >> well, that they've got the goods. they evaluated it and didn't go forward. the manhattan d.a.'s office, despite what they said about relying on michael cohen in the past, for three years they have scoured donald trump's personal and business life.

scoured, and they've lookeded for a crime to fit the person, we should all be concerned about this, whether you leak oike or donald trump, we should all be concerned, they picked the person and are searching for a crime if you read pomerantz's book by revealing secret grand jury information to a third party, in his book, even he said that he picked trump. he would have paid to prosecute trump which is a scary statement by a pros cure, but he would have paid to prosecute him because he didn't like him 37. >> one, if a crime is there, misdemeanor or fl melony, if a crime is there a kram is there, right? >> absolutely. >> i know you said donald trump will win the election, if they bring this case i believe it will catapult him to the white house, that's what you said last

night, but if that's the case, they surely would know that, too. why would they be going ahead and doing this for political reasons if it's only going to help him? >> listen, erin. they may not see it the way i see it. they may think if they indict someone it makes them ineligible to run for president. there are some states that you can be disqualified from running on the ballot if you have an open indictment. >> look, i think it will embolden his supporters and i think it will enrange his supporters and make them feel stronger about the fact that they're politicizing the justice department system and a prosecutor would say he's a very democratic prosecutor that's been supportive by the far left going after the far right guy out there, and i think he's thinking if i prosecute him i tack him out of candacy and that is not what a prosecutor's office should be doing. >> an indictment does not mean

he can't run. is he prepared to appear in court to defend himself? >> one thing i will tell you about donald trump in mi time knowing him and representing him and having the honor of representing, is he's probably the toughest guy i've ever met because most people would buckle under this pressure. is he prepared? he's prepared. i'm prepared. susan nicholas' is prepared and my co-counsel will lean on this thing. we're prepared and this case will be eaten up and it fails on the law and it fails on the facts. he's prepared. does he want this to happen? of course, not. does anyone want to be charged falsely for a crime of political persecution? of course not. all we have to look at is the facts of the law and it is very clear. campaign finance law is very clear. you have scholars and former chairmen of the federal and state campaign finance committees who have all said, all opined, show me one who says differently that these facts make out a crime. they do not. >> the only thing i'd say is if

it would embolden the supporters why don't you want them to go ahead and charge and it sounds like you're talking out of both sides of your mouth. >> don't say i'm talking out of both sides of my mouth, if they indict him, i think it will embolden him because he will win this case and it will catapult him to the white house. that's what i said. what i am also saying is no one in their right mind wants to be indicted and charged falsely of a crime. i'm not talking about both sides of my mouth. i am stating facts and it will ultimately embolden supporters because he'll be proven to be wrongly accused and who wants to be charged falsely with a crime? nobody. >> joe tacopina, thank you for your time. >> the editor in chief of the

just security blog. here we are, a likely indictment is pending here. what's your takeaway from joe tacopina? >> i thought what was most curious or what he didn't talk about. he's talking about things that are not crimes or not the central crime. nobody would be charged for hush money. that's true, because paying hush money is not a crime. >> right. >> he wants to talk about the campaign finance charges and that is shakier, but the central charge that he will bring is falsifying business records that when they paid michael cohen they did not say that the payment was for its true purpose and it was legal services and that he was on retainer and that is what the central charge was a misdemeanor and everything builds off of that. >> just a misdemeanor on that and just to be clear. charges are charges and there are a lot of other cases out there, but a misdemeanor you're talking about a fine if convicted. >> if it all boils down to just that charge of a misdemeanor

then this is not about donald trump facing jail time and that's a good chance that happens with this case. unclear, right? whether more information came in as joe and i were talking about. but if this happens, it will be the first indictment of possibly several because you have the classified documents and fulton county georgia, and in that case, we have learned that there's a new call, a new phone call that we have not heard about that was trump and he made this call to the georgia house speaker and it was to push a special session to overturn the election. we know about this phone call. this is the third audio recording on trump and we did not know about this until now. how valuable is the evidence? >> i think it's incredibly valuable and that's not just the existence of the phone call and he's trying to set up a special session with the house speaker gop leader pushes back, but it's an audio recording of the phone

call. that's very important. it's vivid information that has an inherent reliability and credibility for a jury, that can be very compelling for a jury and now it will have three, at least three audio recordings that will empower the prosecutor. >> thank you very much, ryan goodman. >> next a republican shaming ron desantis for calling the war in ukraine a, quote, territorial dispute and one not vital for the united states involvement. >> the war going on in ukraine rid now is not a territorial dispute. >> plus, a trump-appointed federal judge who has a history of rolling back biden's policies is on the verge of making the most consequential rule since the supreme court overturned roe v. wade. a special report tonight. ♪ ♪ get directv with a a two year price guarantee. hey guys, detect this: living with hiv,

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tonight, pence takes on desantis. the former vice president making it clear he disagrees with the florida governor. the governor, of course, saying it is not a vital u.s. interest to back ukraine in the war against russia. >> well, look, the -- the war going on in ukraine right now is not a territorial dispute. it is the result of an unprovoked war of aggression by russia. i strongly support continuing to

provide the ukrainian military the resources necessary to repel that russian invasion. >> definitive and clear, any by the way, he is not alone. republicans on capitol hill are piling on to make their views clear, as well. manu raju is out front. manu, what are you hearing from senate republicans on the heel today on the heels of desantis' comments? >> major pushback among senate republicans who say this is essential to american interest to ensure that ukraine has the resources it needs to push back on russian aggression and not just from republican leaders and the number two republican john thune who told me earlier today that the majority opinion among republicans that it is of vital interest to push back on ukraine senator lindsay graham who said allowing vladimir putin to essentially expand his footprint beyond ukraine could be devastating to the united states and to the world and could embolden china, as well and other rank and file republicans, too, like kevin cramer of north

dakota who says that pulling back would help russia win this war very, very slowly and the united states should ensure that ukraine has all of the resources it needs and it is very clear in talking to republicans that they believe that ron desantis is on the wrong page on this issue and that he should reverse course. >> i think he's mistaken, and i hope he reconsiders, but it is troubling, yes. >> i mean, could you see yourself supporting someone who has this kind of position? >> i would prefer to have a president that understands that what happens in europe vitally affects us. >> i think this is a much bigger issue than a territorial dispute. >> i can't imagine what xi jinping or the leadership in iran would think if we took that course of action. >> the challenge for these republicans is the growing number of republican voters and particularly in the republican base are skeptical of additional

aid to ukraine and also house republicans aligning themselves with that skepticism including some top republicans, kevin mccarthy, the speaker of the house has repeatedly indicated that the next round of aid to ukraine could be an uphill battle on capitol hill so divisions not just in the presidential campaign trail, but also on capitol hill. >> manu, thank you very much. amazing how quickly and firmly how many of them stood up for this issue, though. thank you. >> next, a trump-appointed federal judge who is known for rolling back policies is about to make his decision, the biggest since the supreme court e overturned roe v. wade. who is he? plus nasa unvalleyeiling the sp suits for astronauts.

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tonight in what would be the most consequential ruling since the supreme court overturned roe v. wade, a texas judge is signaling he may revoke fda approval for a widely used abortion drug. the drug in question is there on the screen, mifepristone. it's been on the harkt for over 20 years. pulling its approval would ban it even in states where abortion does remain legal. jessica schneider is out front. >> first and foremost president trump for nominating me to this position. i would like to thank him. >> reporter: matthew was a lead lawyer working for the kristen group first liberty when trump nominated him to become a federal judge. by then he'd made his conservative views well-known warning in a brief to the

supreme court that a ruling in favor of same sex marriage would lead to potential tyranny against religious groups who don't approve, and slamming the supreme court for finding a constitutional right to same sex marriage hiding in the due process clause of the 14th amendment, a secret knowledge so cleverly concealed in the 19th century amendment that it took almost 150 years to find. he pledged he'd be independent as a judge. >> senator i stand in a long line of nominees who have been before this committee and state that it is not appropriate to state a personal view. i will say for the record that it is finding authority. >> reporter: but court watchers point out he's handed out wins to the right in several recent cases. the judge struck down new biden administration protections for transgender people late last year. in december his ruling forced asylum seekers back to mexico while their cases proceed in u.s. immigration court.

and he struck down a federal program that allowed minors to receive birth control without their parents consent. >> i don't serve as a legislator. i don't serve as an advocate for counsel. i follow the law as it is written, not as how i would have written it. >> reporter: now he'll unilaterally decide whether to block mifepristone. and it's a move that could impact millions of women each year. abortion rights groups fear his record and his own personal connection to the abortion issue with his 17-year-old sister giving up her baby for adoption will influence his ruling. he's very passionate about the fact you can't preach pro-life and do nothing. his sister told "the washington post" we both hold the stance of you have to do something, you can't not. but friends say the judge's beliefs will not be a factor. >> i'd not characterize him as emotional. i'd characterize him as

intellectual. that's one of the first things you get to know about him is he's a deep thinker and he's going to give this case its thorough examination to make sure that it comports with the law. >> and the judge did hear arguments in that abortion pill case for four hours today. he said he'll decide the issue and issue his decision as soon as possible. and it did appear he's seriously considering undoing the fda's approval of the drug but at the same time he indicated he could keep the approval in place and instead actually block some recent fda policies that have made it easier to obtain the abortion pill. so we'll see whenever that ruling comes out. >> jessica, thank you very much. and next new evidence of a volcano on venus. it's incredible to know it and also imporortant. we'll tell you why. ensure witith twenty-five vitamins and minerals, and ensure complete with thihirty grams of protein.

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magellan mission during the 1990s are now revealing changes in shape and size of a volcanic event just over the space of eight months. this is computer generated rendering showing lava flow, but experts say it's a crucial discovery. it raises questions about earth and where we could be headed. experts say venus may once have been like earth until it was smothered in carbon dioxide and became obviously completely uninhabitable and the hottest planet. it came as nasa redesigned space suits for astronauts. the new suits are more flexible, able to fit more body types. that dark color scheme is just a cover. the new suits will be white like the old ones to protect astronauts from extreme heat. thanks for joining us. anderson starts now. good evening. tonight the latest on the banking system troubles that appear to be easing yesterday but came rumbling back this morning with word the struggling swiss bank