anti-american panda propaganda is filling the feeds of chinese social media users. no mention of the healthy pandas at two other american zoos, but plenty of pictures of an active and playful panda in russia. a panda chinese state media praises for improving bilateral ties. yaya's saga will end where it began, the beijing zoo, where she'll live out her final years. she just might be the world's most politicized panda, a beloved bear that brought the u.s. and china closer, now being used to divide. china heavily sensors social media so they allowed this online backlash to happen, yet they were accusing us, cnn of being the dividers here. they called our reporting an arrogant deception saying it demonizes panda diplomacy because they want to suppress

china. erin? >> will ripley thank you very much for that amazing report. thank you for joining us. anderson is now. one for the history books tonight. former vice president mike pence testified today before the federal grand jury investigating the former president's actions surrounding the january 6th riot and attempts to overturn the 2020 election. i'm john berman in for anderson. just pause and listen to that again. a former vice president just testified in an investigation about whether a president, his running mate illegally tried to overturn an election. so much has happened the last few years, it's easy to get numb to the mind-bending historical explosions taking place. it's the first time in modern history a vice president has been compelled to testify about the president he served beside. to add to that, he might run against trump in 2024. it's also the first time that this vice president has testified under oath about the day where rioters were seen

yelling "hang mike pence" at the capitol, as well as perhaps personal interactions with trump and interactions leading up to that day. he personally declined to testify before the house select committee that investigated the riots. a source says pence testified for more than five hours, putting the investigation one step closer to a big decision for special counsel jack smith, whether to charge the former president or others around him. sara murray joins us now with the latest. sara, what do we know about the circumstances surrounding the testimony today and the blanks that the special counsel might wanted to fill in? >> look, as you point out, this is a momentous occasion, a historic occasion, the former vice president testifying in a criminal probe against the man who once sat in the oval office. and this came after a prolonged court battle. we know that mike pence has talked publicly about standing up to donald trump about not doing his bidding on january 6th. we know he wrote about it in his book. but this is the first time he is appearing. he is testifying under oath and

was poised to answer questions from prosecutors about his direct conversations with donald trump in the run-up to january 6th. and as you pointed out, this lasted for five hours. so it gives you an indication of the painstaking detail that prosecutors likely wanted to get into with pence, perhaps about a couple of things they heard from other witnesses, but also just events that were playing out between pence and the former president that perhaps only he could speak to, only he could provide in first-hand detail. >> so does this appearance before the former vice president suggest anything about the special counsel's timetable at this point? >> well, you know, it doesn't mean that mike pence is the last witness that they're going to want to talk to in this investigation, but in many ways, he is the pinnacle. he is the person who is the target of donald trump's pressure campaign to try to block the certification of the 2020 election. he is, as you pointed out, the target of many of the rioters who were chanting "hang mike pence." prosecutors had to go into this knowing it was going to be a fight to get his testimony. we saw both donald trump as well

as pence try to block this testimony unsuccessfully. pence got a carve-out where he would not have to answer questions about the time he was serving as president of the senate. but in so many ways, this is a crucial witness in really setting the stage about what happened in the run-up to january 6th and how important and historic the aftermath was. john? >> sara murray, terrific reporting as always. thank you so much. i'm joined now by cnn's senior legal analyst and former assistant u.s. attorney elie honig, author of "untouchable: how people get away with it" also andy mccabe. how nervous should donald trump be that mike pence was being questioned for five hours before a grand jury today? what about that testimony could concern him? >> in a word, john, very, very nervous. and we know that, because donald trump made significant efforts to try to block that testimony by, again, raising claims of executive privilege, which failed. so the significance of the pence

testimony can't really be overstated. as we know from the work of the january 6th committee, there were numerous lines of potential criminal conspiracies the committee looked into. two of them involved putting pressure on mike pence, one to pressure pence to refuse to certify the election at all, and the second line of attack was to pressure pence to delay the certification needed of the election. we know that there were meetings about those topics between pence and trump on january 4th, on january 5th, and of course the infamous outraged phone calls from trump to pence on the morning of january 6th. mike pence has likely provided intricate, direct first-person testimony about the assistance of those conversations. and after relating the substance of the conversations, the prosecutors can ask him things like how did that make you feel? did you feel pressured to do what the president was telling you? so it really wraps up those moments in a way that no other

witness can. so it's potential -- testimony. >> so elie honig, take that one step further. if he was asked questions about those conversations, what answers about those conversations might be problematic for donald trump? >> so mike pence is a crucial witness here. as a prosecutor, you absolutely have to have his testimony, for better or for worse. this is why prosecutors are willing to go into the courts and fight to win to get his testimony. i would absolutely focus on what andy pointed out. especially the one-on-one conversations between mike pence and donald trump. and let's keep in mind, there is no other witnesses to these conversations. donald trump is not going to be going into the grand jury. they're not going to subpoena him. he is not going into the grand jury. it's really all on pence's own recollection and testimony about it. i do have some questions about frankly, how forthcoming he will be. there is no tape of these conversations that we know of to keep him in check. and if we look at his public stance about donald trump and january 6th, pence has not been willing to forcefully condemn donald trump. he has given us this wishy washy

stuff, we don't see eye to eye. i think as a prosecutor, i would be very wary about that. >> he has written about the conversations in his book. so what more could be revealed? >> a lot more. when mike pence is writing a book, he gets to decide how much he puts in there, how far he wants to go. if i was a prosecutor, i would absolutely read that book with a big yellow highlighter in my hand and use everything he says in that book as a starting point. i would say okay, you tell us this detail about the conversations. but how long was that conversation? 40 minutes? 20 minutes? tell me everything. so the book's valuable to prosecutors, but they need to go way deeper. >> you know, andy, you've been involved in a lot of investigations. generally speaking, and i've learned this from people like you and elie, when you're doing an investigation you, work your way up there. is no one really higher on the food chain than mike pence here in terms of their job status. i'm not sure what role they played in possible crimes here. but does this indicate that jack smith may be close to done?

>> i think it does indicate that they're clearly towards the end of their investigation. how much is left. that's hard to say. pence is certainly, as you say, the top of the food chain, although i want to be clear. i would really doubt that pence is being looked at as a target of this investigation. i think he's pretty fully in the witness category. the one other person that i would say, john, who is really the remaining outlier here that we're wondering or when he will is mark meadows. and meadows, we could sit around and argue all night as to who could be the more significant witness, pence or meadows. there is good arguments on both sides. the bottom line is i'm sure jack smith wants to get meadows in front of that grand jury. he won a motion in front of the court a week or so ago that blew out some of the obstacles to getting meadows in there. so i think that's probably the last really big one that we're aware of that should be happening soon. >> so elie, there were some

parameters here that a federal judge had stipulated before mike pence testified. he had to testify about his conversations. but he theoretically still had some protections because of the speech or debate clause. >> constitutional scholars. >> speech or debate clause. how would that work during these five hours potentially? >> so mike pence did win himself a narrow victory before he testified, which is he does not have to testify under that speech or debate clause about his role as president of the senate when he was vice president. the way i think that would work is basically if he is asked a question that he thinks falls under that, he can say i believe i'm protected here by speech or debate. if prosecutors disagree, they can then take to it a judge and say force him to answer this. so we'll learn, i believe, in the next couple of days whether he tried to invoke that. also, just picking up on a point andy made, jack smith deserves credit here, because he has aimed right at top of the power structure, in stark contrast to merrick garland who never went anywhere near subpoenaing and fighting for testimony from people like mark meadows, never

mind the vice president. and as a result of jack smith's much more aggressive approach, i think we're seeing this investigation proceed much more quickly, much nor directed way. >> thank you both for being with us tonight. perspective now from someone who served as the former president's white house communications director. cnn political commentator farrah griffin. he is someone you know well. inside the republican primary electorate right now, how does today's testimony change a view of mike pence? or do you think that was already set because of what happened on january 6th? >> i think the narrative was already set. if somebody, you know, the wing of the party that showed up on january 6th that still thinks the election was stolen and that vice president had the right to overturn the election, they're never going to be in his camp. what vice president pence would be very wise to do, and he is a very savvy political figure. i think he in my view has a real opportunity if he does end up

getting into the race is play to the wrist of the water. most of us don't think january 6th was a good thing. we may like the trump policies or some of them, but we don't want trump the character. and that's the lane he needs to run in. if he tries to indicator to that vote, he is going to lose. but there is a much broader coalition of republicans that would like to see a different direction. >> andy mccabe brought up another person you know well, mark meadows, a former chief of staff. andy suggested maybe mark meadows is a key figure in this investigation. what importance do you think he might have if he were to get before a grand jury? >> i would argue he is probably the most important figure, other than the president, who you're never going to get under oath. he was intimately involved in the deliberations around challenging the election results. whether it was bringing in different people promoting conspiracies to have an audience with the former president, whether it was coordinating with members of congress about challenging the election results, he is going to fight it tooth and nail, just candidly. somebody who previously advised him, this is not a good story

for him to tell, whereas mike pence is an honest person who is going to do what he needs to do in the eyes of the justice department. i don't know where this goes. >> we heard a lot about mark meadows during the congressional investigation. cassidy hutchinson among others suggesting mark meadows knew a lot and saw a lot. so he may have a big story to tell. i will say, i'm no lawyer, but mark meadows may be someone who has his own legal liability here where mike pence did not. >> exactly. mike pence would very much be a witness in this. i think the most illuminating conversations he could shed light on are ones directly between he and the former president. marc short has already testified. the conversations that involved groups are already something that the department of justice has had for months. these are the intimate phone calls that might have taken place, last-minute conversations. meadows is a completely different figure in this, and i think he is somebody with a lot of legal liability. >> since he is still standing next to me, elie honig, cnn senior legal analyst, mark meadows as a witness here, can

he be compelled to testify or does he have too much at stake legally? >> oh, he can absolutely be compelled to testify. if he gets in the chair, he might take the fifth. unlike mike pence, he has legitimate potential jeopardy here. if he takes the 50, then that raises an interesting conundrum for prosecutors, because the countermove, now if you're the prosecutor, you immunize mark meadows. meaning we're not going charge you, but now you have to testify. that's a strategic decision. i agree with alyssa and andy mccabe. i believe he is the most important witness. if i were in the prosecutors chair, i would immunize meadows. >> thank you for that illuminating as always. defense attorneys for the 21-year-old national guardsman accused of leaking classified documents tried to secure his release today while awaiting trial while prosecutors paint an arsenal of man who has made violent threats online. also tonight, a san francisco public defender upends who started a fight between a

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prosecutors and the defense argued whether he should remain behind bars while awaiting trial. defense lawyers have asked the judge to release teixeira into the custody of his father, who was in court today. cnn's jason carroll has the details. >> reporter: the detention hearing got under way with jack teixeira's father first taking the stand. he told the court he would not hesitate to report his son if he was released on bail in his custody and broke any rules the court imposed. the defense argued the 21-year-old air national guardsman is not a flight risk nor a security risk, and that teixeira did not intend for the classified information to go beyond the chat room where he had shared it. judge hennessey challenged that notion. someone under the age of 30 has no idea they put something on the internet that could end up anywhere in the world? seriously? he had no idea that would go beyond the little people on the server? that is like someone arguing i pulled the trigger, but i had no intent to kill him. prosecutors argued teixeira could still have access to

hundreds of documents. the defense filing aserpts teixeira no longer has access to those documents, saying prosecutors are exaggerating their client's threat. court documents filed by the u.s. attorney's office wednesday argue teixeira should not be released on bail, claiming he pose as serious flight risk, writing he could take refuge with a foreign adversary to avoid the reach of u.s. law. prosecutors claim the information teixeira allegedly accessed far exceeds what has been disclosed on the internet. the filing also includes pictures from the search warrant executed on teixeira's bedroom. the photos show a gun locker next to his bed containing multiple weapons, including an ak-style high capacity weapon, handguns, shotgun rifles, and a gas mask. prosecutors say law enforcement also found a smashed tablet, a laptop, and a gaming console in a dumpster at the home. prosecutor says teixeira also obstructed justice by telling those he was communicating with

online to delete all messages. and if anyone comes looking, don't tell them expletive. prosecutors also question why teixeira was a candidate for the air national guard, given his history surrounding guns. tonight, the pentagon is defending its procedures. >> i think it's important not necessarily to take the actions of one individual and somehow paint a picture that that indicates a systemic breakdown. again, this is under investigation, and the investigation will tells us a lot more about this particular individual and what he did and did not do. >> reporter: the court document states in 2018, he was suspended while in high school after a classmate allegedly overheard him making remarks about guns and racial threats. that same year, prosecutors say he applied for a firearms id card, but was denied due to the concerns of the local police department over the defendant's remarks at his high school. court documents mention his social media posts reviewed by the fbi. one post from last november

reads "i hope isis goes through with their attack plan and creates a massacre at the world cup." going on to say, "if i had it my way, i'd kill a ton of people." and jason carroll joins us now. jason, what else did the judge have to consider today? >> well, john, the judge is going to have to consider a number of factors. when you look through court filings, a lot of alarming allegations, including one from february of this year where prosecutors say that teixeira was speaking with one of the discord users and talked about trying to turn a minivan into what he called an assassination van. he talked about allegedly wanting to target, you know, a large urban area or suburban area. there is also those searches that he did about mass shootings like uvalde and las vegas. and then there was the odd thing. in the bedroom, they found an insignia on the wall bearing the insignia of the russian

military. so there are a number of things the judge is going to have to consider before he makes his final ruling as to whether or not he will grant bail. >> and besides that's, what's next in this case? >> well, that's what we're waiting for. waiting for the judge in this case, judge hennessey to decide whether or not he would grant bail. he did not make a decision at the very end of today's detention hearing. in all likelihood, john, it could end up being some sort of written ruling. we're weight to see. but still no timeline on that just yet. >> jason carroll in worcester, massachusetts. jason, thank you so much. so some of the classified documents leaked online included sensitive information about the war in ukraine. cnn's nick paton walsh is in ukraine now where there are signs that a major ukrainian counter-offensive may already be under way. >> reporter: spring is here after winter's frozen horror. and the buzz and sting of ukraine's looming counter-offensive is growing.

aiming at russian positions within 30 seconds, the ukrainian unit has moved away. it may be a precise operation, but the russian response is not. slamming into the nearby town, edging closer to us. impossible to tell what the russians are trying to hit, but another example of the intense bomb boardment. their bid to stop the counter-offensive from starting. it is ordinary civilians caught in the rising dust behind us who bear the brunt of russia's frustrated rage. along and around the brutalized towns where ukraine says it may launch its attack, there are more signs it is under way, lurking in the foliage. ukraine has given publicly. that's because ukraine has said

nothing at all about when, where or how it will attack. but among machine gun fire in the nearby trenches, a drone operator is hidden in the rubble. the detailed intimate picture they have of their enemy just two fields away is startling. watching and trying to kill each other every hour. they've noticed the russians pulling back. >> reporter: another drone team has seen the russians, also left defending ruins, ridden by chaos

in their ranks. it won't be long until that cunning or chaos meets a decisive test in this flat, open, and perilous space. >> and nick paton walsh joins us now. nick, why is it so strategically important for ukraine to get a quick win this summer? >> it's partly about ukraine's friends and enemies. obviously the ukrainian people think probably their morale could do with a lift over this particular summer. and a city like this always exposed the air sirens going. the potential for airstrikes, would obviously love to have the russians pushed farther back away from its territory. but ukraine's friends have been training, planning a potential

offensive in the summer, providing a lot of weaponry, which is, it seems, 90% or so in play, already in the country. it's always unclear to know where exactly what has been deployed. and i think there are concerns amongst analysts that we may possibly see electoral or economic changes in ukraine's western allies. they can't guarantee the same kind of support next year, or even by winter indeed. so there was some, i think urgency for a quick win in that regard. and ukraine's enemies, well, russia is in a pretty weak position right now. it's struggled to take bakhmut after expending endless resources there. substantial trench networks defending with dragon's teeth, bits of concrete, whatever they can put in place. but the troops they have, a lot of them are newly recruited conscripts. some professional soldiers perhaps too. but i think many analysts think moscow could do with a slow war of attrition here. they don't really have the

weaponry to hold back a fast-moving combined attack by ukraine. i think they're hoping that ukraine's move forward will be slow will, be plodding, will end up frankly in a war of attrition along the very front lines we're seeing here potentially in the south of ukraine. but really, ukraine looking to push through and separate crimea from the rest of occupied ukraine. many think that's the goal we're going to see. it just depends with what we're seeing so far here and the change of tempo is the prelude to this counter-offensive, beginning ukraine's been clear it's not going announce that start. john? >> nick paton walsh in zaporizhzhia. you and your team stay safe. great to have you. up next, new testimony today f from e. jean carroll who allegations the president raped here in the 1990s. she took the stand today where she was subjected to fierce cross-examine. that enable digital innovavation and enterprise control, vmware helps you i innovate and grow.

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a dramatic day in court as e. jean carroll returned to the stand in her battery and defamation lawsuit against former president trump. carroll faced intense cross-examination from the defense team. the former president has repeatedly denied the allegations in the civil lawsuit. what can you tell us about what happened in court today? >> john, there were four hours of cross-examination. during that time, trump's attorney joe tacopina challenged e. jean carroll's version of her story of the events of being raped in the department store in the 1990s. and under oath carrolled a knocked that some of her facts here, that they were difficult to understand. they didn't make sense. they were odd. but she never strayed from her allegations that she was raped in the department store dressing

room. one of the facts that she said she understood was odd was that she doesn't recall there being anyone on the sixth floor when this alleged attack took place. but the most intense moments during the cross-examination came when tacopina asked carroll repeatedly why she didn't scream if she was battling in that dressing room for her life. and carroll told him, i'm not a screamer. i'm telling you, he raped me whether i screamed or not. he asked details, asking how she could have pushed trump off of her. he weighs more than twice what she does while wearing 4-inch heel, holding on to her handbag and not ripping her tights. this was a fairly tense moment in the investigation. she stuck to her story and said she was fighting for her life in there, and she was kind of overcome with adrenaline in the moment. john? >> was there any theme or line of questioning from joe tacopina that really stood out?

>> you know, it's interesting. one area that he also questioned her on, he said in 1990, you didn't come forward with this story, in part because you were afraid that trump, then a real estate businessman, would bury you. so why in 2019 when trump is the president of the united states, one of the most powerful people in the world, would you come forward with your story? and carroll said that she was inspired by the me too movement, and by all the women that came forward with allegations of sexual assault and rape bihar ha harvey weinstein. she said she realized that silence was not an option. >> thank you so much. i'm join by legal analyst karen freeman, former manhattan chief assistant district attorney. karen, thanks so much for being with us. a big day in the case, maybe the biggest day with e. jean carroll on the stand, facing cross-examination. how do you think she held up? >> it soundsly biall the reporting, she held up quite well under this cross-examine

cross-examination. but i really think is exhibit a about why women don't come forward. just the fact that she was questioned what she did and didn't do, why she didn't scream, and really making her feel like she did something wrong when she was the one who was attacked, right? and she froze. and she did the best she could in the moment. but this is the type of truly blistering cross-examination that why women don't come forward in the first place. >> how does what you describe as blistering cross-examination, how does that play inside the courtroom, though? joe tacopina, he was actually warned several times by the judge to back off on certain lines of questioning. there is that something the jury takes note of? how hot is too hot? >> yeah, i think so. the me too movement, as e. jean carroll has said, has really done a lot in terms of awareness for women, and just people in general, that there really is no way that women are supposed to

respond, or there is no perfect way to respond. people do the best they can. and when people like joe tacopina, who is a skilled lawyer, but in this particular instance, his method of cross-examining her really seems questionable to me that he would do this bull this the china shop method where it's like he is victim blaming, victim shaming. this is a situation where he is saying nothing happened. not that oh, it was consensual, you know. this is the type of cross-examination you would expect someone like joe tacopina to give saying it was consensual, you were laughing, you didn't scream. instead, he is saying these things to her that are actually quite offensive. and you can tell the judge was very upset with him and repeatedly struck him down and told him he was being argumentative and he was being repetitive, and stopped him from doing -- make these arguments.

and the jury will notice that for sure. >> now the date. e. jean carroll says, and has said all along, she can't remember the exact date, even the year that this necessarily happened. >> yeah. >> how does that play? and how does the fact that she has been so forth coming with that? and i think she and the plaintiffs were trying to protect her against cross-examination here. how do you think that lands? >> so i think a lot of the issues that are being raised like the dates, like why you didn't scream, et cetera, i think that that's why in a prosecution where you have to be beyond a reasonable doubt prove a case, you would call a sexual assault expert to the stand that would talk about these types of things like you might not remember the year if it was decades ago exactly, but you'll remember there are certain aspects of a trauma that will be seared in your brain forever. and it's a well-known phenomenon when it comes to sexual assault

that there will be types of information that never varies, never changes. and is truly seared in your brynn forever. but other things like what year it was, or the exact date, what other people were on the sixth floor. i know that was something that joe tacopina was trying to say oh, you didn't notice other people there. why would she notice other people there? she was highly uber focused, highly focused on her attacker. and those are all things that experts in sexual assault will say is entirely consistent with a trauma such as a sexual assault, a violent sexual assault like this. >> and very quickly, just remind us the difference between a civil and a criminal trial here. >> yeah so, a criminal case is a much higher burden. you to prove the case beyond a reasonable doubt. and there someone would go to prison potentially if they're convicted. a civil trial is a much lower burden where it's a preponderance of the evidence. the way people describe it, it's the scales of justice are 50-50,

and you put a feather tonight scale. it's like 50.01% gets you over the finish line of preponderance of the evidence. and in a civil case, it's about monetary damages. >> carriage freedman agnifilo, thank you so much for being with us. i appreciate it. >> thanks for having me. the search continues for two of four inmates who escaped from the mississippi jail last weekend. what happened to the other two next. plus, we're learning more about the san francisco city official who was allegedly attacked bay homeless man with a bar earlier this month. the defender says her client was not the attackcker and attackedn self-defense. that's ahead on n "360." - this is jabra enhance select. it's more than just a hearing aid. it's a smart hearing solution that makes hearing aids more convenient and less expensive. with jabra enhance select's premium package better hearingoesn't have to start in a doctor's office.

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tonight, an update on a story we brought you last night. the manhunt continues now for two of four inmates that escaped from a mississippi jail. one of the escapees was captured earlier today in texas. and a second escapee is confirmed dead after a standoff with police yesterday. cnn's am amara walker joins us now. what you tell us about the arrest today in texas? >> so 51-year-old jerry raynes, one of the four escapees from the detention was captured this afternoon. here is an image of that. this happening in spring valley, texas, just outside of houston. so now this man faces extradition back to mississippi to face charges, including auto theft among others of course.

nowadays before, john, this man was actually spotted at a service station on surveillance in that area in texas, and that is why police continued to concentrate their search there. we also know that he had allegedly stolen a hinds county, mississippi maintenance vehicle the night that he escaped with the three others from the raymond detention center and drove it more than 400 miles west to texas. and get this, john, we also learned from the sheriff there that this is not the first time he has actually escaped from a detention center. he actually escaped from this detention center in 2021, and he was recaptured in another state. >> amazing. what about the other two? any leads on where the other two inmates could be? >> so you can see their photos there, casey grayson and corey harrison. those are the last two detainees that authorities are searching for. that search remains focused in central mississippi. and that is because it is believed that these two men may have stolen a red chevy

silverado in the area of jackson, mississippi. it has a silver stripe on the side of the car, and that vehicle was last seen heading east toward neighboring rankin county early on monday morning. so that's all they have right now. they are still searching for these two escapees. >> and i do understand there is new information you're getting on the standoff in mississippi that left one of the inmates dead. what have you learned there? >> yeah, this is the last one we're talking about. it has been confirmed that the remains of dylan arrington was discovered inside a home in leak county yesterday morning in mississippi. it was a very tense standoff. we know he was apparently hiding out in that property. the homeowner happened to discover that he was there. he alerted authorities. when they arrived, they surrounded the home. and there was a shootout. we understand that arrington shot at authorities and injured an investigator in the leg. we're told the investigator is doing just fine, in stable condition, but that he also set

the house on fire. listen to what the sheriff of hines county had to say. >> this individual had violence on his mind. and i will say i believe that he did not intend to leave here alive today. >> all right. so the manhunt is now in day five. and we do want to mention the jackson community is mourning the death of a local pastor, reverend anthony watts. it is believed that arrington shot and killed him when the pastor pulled over to help arrington, not knowing he was an escapee. >> that is so tragic. amara walker, thank you so much. meanwhile, the san francisco fire department commissioner who was allegedly beaten with a metal pipe by a homeless man is now being accused of initiating the altercation. the public defender says the former commissioner attacked the homeless man first with bear spray. cnn's veronica miracle has the story. first, a warning. some of the video is disturbing. >> reporter: a violent attack

with a impeachment rod caught on cam race, clearly was hitting his head. he was bleeding from his head. >> reporter: the victim, former san francisco fire commissioner don carmignani. the suspect, a homeless man. >> really? at what point do you fight back? donny could die. >> reporter: in neighborhood where some locals are fed up with the problem, it seemed like a clear-cut assault case until it arrived in court, and the public defender for the suspect, garrett doty released this video, saying it shows the ex-fire official walking up to doty, pulling out a can of bear spray, and spraying the man as he lay on the ground. that's when the man appears to get up and the pair began to shuffle. a short chase leads up to the beating. >> unless mr. carmignani is credible and believable, they don't have a prosecution. >> reporter: doty's public defender says it may not even end there. she also points to this video, entered into evidence by the district attorney she says showing the 2021 bear spraying

of another homeless man. the question now is this also carmignani? >> i don't know. i have a strong suspicion that they are because of similar descriptions and a similar m.o. i think most importantly, it's the district attorney and the police who chose to include these in the discovery for this case. >> reporter: hathaway says there are eight separate instances of bear spray assaults on homeless people entered into the case by the district attorney. >> the victims are either asleep in their tents, sitting on a bench, minding their own business. >> i'm ab an okay guy. and i could have been a dead guy. >> reporter: carmignani said he denied to authorities that he was the man in the other attacks, including this one from 2021. >> they show me a person of

interest, and that wasn't me. >> reporter: carmignani says he is a victim, attacked after trying to remove homeless people he says were doing drugs outside of his parents' home. his attorney releasing this video of his alleged attacker picking up a metal rod, and then practicing his swing. the impact, in the back of my head went through my skull. >> reporter: carmignani did not show up for a scheduled court appearance thursday, where he was subpoenaed to testify. prosecutors say he's still recovering from extensive injuries and said they are not dropping the case against his alleged attacker. these new videos now making justice in this case curious and complicated. >> and john, because he did not show up in court, doty by law had to be released. doty's attorney says he is relieved to be released. the prosecutor says they need

carmignani to testify. the next hearing is about a month. john? >> quite a development. veronica miracle, thanks very much for that. still ahead, former president trump is attacking ron desantis for supporting the privatization of social security. but it turns out he once backed the same idea. i'll talk it over with the k file's andrew kaczynski, who has the story next. ile it's morore , its possibilities are endless. from paying yoyour people from anywhere toto 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 ♪ when it comes to reducing sugar in your family's diet, the more choices, the better. that's why america's beverage companies are working together to deliver more eat tasting options with less sugar or no sur at all. in fact, today, nearly 60% ofeverages sold contain zero sugar.

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k-file, former president donald trump has attacked florida governor ron desantis for supporting the privatization of social security and raising the retirement age to 70 as a former member of congress and congressional candidate. tournament turns out that donald trump once backed the same things. andrew kaczynski with more. what have you uncovered here? >> that's right. so donald trump has -- is attacking his rivals for the same positions he once on social security and medicare. i want to take our viewers back on a little history lesson to 1999. donald trump, he is flirting with a run for president as a member of the reformed party. what does he do? 2000 puts out a book, the america you deserve. what does he call social

security? a ponzi scheme and says the answer to fix it is to privatize it and raise the age all the way up to 70. now, that's one, actually both the positions he is attacking ron desantis for taking into 2012 when he first ran for congress. now, let's fast forward now to 2011, 2012, trump again is flirting with a run for the presidency. around that same time paul ryan is putting out that ryan budget that democrats say will turn medicare into a voucher system. trump was very, very critical of ryan for putting this budget out, but he wasn't actually critical of the policy. he was critical that ryan was putting it out before an election, before the midterm election, before the presidential election, and then when ryan gets selected by mitt romney to be his running mate, trump actually praises ryan efucilli on medicare. take a listen to what he told sean hannity in october of 2012. >> i like the energy he brings.

i like a lot of the things he is saying. he is smart. he truly understands what's going on with the 17 trillion and the budgets and everything else and i think he is very strongly in favor of -- i know for a fact that he wants -- he is going to save medicare. the other side is going to destroyed medicare. he is going to save medicare. >> there you have it. he is actually saying he is going to save it. he praised him during that race. then when trump runs in 2015-2016 he goes against this republican orthodoxy for years which is we need to reform entitlement programs successfully. he is saying the same thing now. some of those budgets his white house proposed did actually have cuts to medicare in them. >> so you reached out to the trump campaign. what do they have to say? >> we reached out and asked them how does he square this, what does he say? they gave us a statement. he says trump has consistently showed he was protects entitlements in contrast to desantis consist thely voted to

cut entitles and advocated raising the retirement age. when president trump was elected and went to washington, d.c., he saw the corrupt and dangerous paul ryan and prevented his disastrous ideas like cuts to social security and medicare from coming to fruition. >> looks like a flip-flop. thank you. programming note. tonight on cnn "prime time" is the world closer to a cure for obesity? promising results in a trial for a weight loss drug. is it healthy? answers at the top of the hour. still ahead for us, the bull durham is about a career minor leaguer chasing a shot at the big leagues. the story 13 years in the makes n next. this house says use the realtor.com app to see three didifferent estimates. also, don't take advice from people who don't know what they're talking about. realtor.com to each their home.

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