ay. the former u.s. marine who placed another man in a deadly chokehold on a new york city subway is now facing a second-degree manslaughter charge. cnn learned daniel penny is expected to turn himself in tomorrow. penny came into contact with jordan neely last monday. according to witnesses, neely, who has a history of mental illness had been acting erratically before the incident. his attorney said his client never intended to harm mr. neely and could not have foreseen his untimely death. thank you so much for joining us. it is time now four "ac 360" as always with anderson. good evening. before we begin with tonight's broadcast, i want to say something about what we

witnessed at last night's town hall. many of you have expressed deep anger and disappointment. many of you are upset that someone who attempted to destroy our democracy was invited to sit on a stage in front of a crowd of republican voters to answer questions, and predictably, continued to spew lie after lie after lie. and i get it. it was disturbing. it was disturbing to see and hear that person refer to a black law enforcement officer as a thug, an adjective he used many times to describe black men and called kaitlan collins, the moderator nasty, which is what he calls any woman who stands up to him. it was disturbing to hear him speak to shyly of qanon conspirators who assaulted officers on january 6th. and it was awful to hear him spread lies about the election. and young and old, fellow citizens, people who love their kids and go to church, laugh and applaud his lies and his continued defamation of woman who according to a jury of his peers he sexually abused and defamed. as good a job as kaitlan collins

did trying to fact-check him, it is impossible to fact-check fully because he lies so shamelessly. now many of you think cnn shouldn't have given him any platform to speak. and i understand the anger about that, giving him the audience, the time. i get that. but this is what also think. the man you heard from last night, that man is the front-runner for the republican nomination for president. and according to polling, no other republican is even close. that man you were so upset to hear from last night, he may be president of the united states in less than two years. and that audience that upset, that's a sampling of about half the country. they are your family member, your neighbors, and they are voting. and many said they're voting for him. now maybe you haven't been paying attention to him since he left office. maybe you've been enjoying not hearing from him thinking it can't happen again. some investigation is going to stop him. well, it hasn't so far. so if last night showed anything, it showed it can happen again.

it is happening again. he hasn't changed, and he is running hard. you have every right to be outraged today and angry and never watch this network again. but do you think staying in your silo and only listening to people you agree with is going to make that person go away? if we all only listen to those we agree with, it may actually do the opposite. if lies are allowed to go unchecked as imperfect as our ability to check them is on a stage in realtime, those lies continue, and those lies spread. if you're angry or upset, i understand, but you have the power to do something about it. you can actually get involved. you can make a difference, whatever side of the aisle you're on. after last night, none of us can say i didn't know what's out there. i didn't know what's coming. we asked republican senators for their thoughts about last night. some preferred not to say anything. others did. here is a sampling of what we heard. >> what was the reason for you

not supporting ing him? >> where do i begin? president trump's judgment is wrong in this case. president putin and his government have engaged in war crimes. >> i think people saw last night what they would get with another term of donald trump as president, which is completely untethered to the truth, uncertain as to whether he wants russia or ukraine to win in the brutal conflict russia has imposed on ukraine. >> you asked me do people e engaged in rioting behavior, no, i don't. >> anybody who crossed into the capitol under the circumstances that i witnessed firsthand, it's hard for me to have a positive predisposition towards them. >> more now from jessica. she is at the capitol for us. what more are you hearing? >> let's start first with the republicans both in the senate and the house. you just heard from some senate republicans there, anderson. and people like senator mitt romney, that's somebody who has been pretty outspoken against former president donald trump.

but it was somewhat surprising to see somebody like senator josh hawley push back against some of his positions that he took last night. and what we heard again and again in talking with these republican members who pushed back against and had very different opinions than former president trump, it really kind of circled around three issues. it was ukraine and vladimir putin, and if he is a war criminal or not and who should win that war. it was january 6th and former president trump's pledge to perhaps pardon people who were here at the capitol as insurrectionists who have been convicted and are serving time. and it was also of course the debt ceiling which loom versus heavy here right now as they work towards that june 1 deadline in allowing the nation to default. those were really the key issues. we also heard similar things from members of the house gop who kind of came back to those same issues as well. but anderson, even in hearing some of these republicans speaking out against the former president, that's still just a handful of people. and let's be very clear.

he still has an enormous amount of power and an enormous support system here among republicans on capitol hill. >> and what about reaction from democrats? >> well, as you can imagine, democrats have never been fans of the former president, and that certainly continued. and we saw was the democratic party really trying to attach donald trump, the maga republicans, which is really ubiden has used as well, that is the case they're making. we heard the senate majority leader chuck schumer talking about how what ecalls the president has enormous sway over house speaker kevin mccarthy as he navigates these debt ceiling negotiations. we heard from hakeem jeffriess who leads the house democrats. and he said that this was exhibit a of the trauma that america would see if we have another four years with president trump. and then we also heard from richard blumenthal, the senator from connecticut who said that if we were to pardon those

january 6th rioters, that that would be grounds for yet another impeachment in his eyes. a lot from the democrats that you would expect, really trying to stake their positions and make it very clear that they are quite different than the democrats offer a very, very, very different view than donald trump and attaching him to that far right wing of the party. also interesting, anderson, just to go back to the senate republicans for one second we did talk to the senate majority whip, john thune, who said it looks like a lot of democratic campaign ads were written last night. >> jessica dean, appreciate it. i want to get discussion with margaret hoover, host of "firing line" of pbs. anthony scaramucci and our own chief white house correspondent phil mattingly. do you think anything has happened in the past 24 hours that has changed the dynamics for this gop race? >> not yet. but i think you guys are bringing up something that could change it.

and that is an onslaught of senators and house of representatives congressional leaders going against the president. i think that would be a snowball rolling in a direction that he actually couldn't stop. and so they're still fearing him because he is a big bully and their political consultants are telling them don't say anything about him, or don't make a comment. but if they start the stand up to him the way mitt romney did, you saw a glimmer oafter that with senator hawley, you will blunt him. you will slow him down. remember when the witch in the "the wizard of oz," the water accidentally spilled on the witch and she started melting, the soldiers turned to dorothy and said hey, geez, i'm sorry that we did this. and i think we're getting to that point right now where the water has to hit trump and he has to start melting, and they have to show some bravery and courage. >> there is a lot of munchkins on capitol hill, though. are they really ready to say? >> more in the house of representatives than the senate, i would say. this is also be about our

electoral incentives and what it takes to have political courage and moral courage, right? there are u.s. senators who have recently been elected who voice -- who absolutely agree with everything senator till just said, by the way, just re-elected and didn't really mince words there in suggesting he didn't really support returning an insurrectionist to the white house. so i think you're right, anthony. this is the moment where republicans and elder statesmen and women of the republican party have to self-police. we haven't done it for six years, and we have to start now. and it's going to be behind closed doors, and it's going to be open in public. but it has to be republican on republican, because the problem with donald trump's inertia right now is that he is seen as a victim by the media, the democrats, the other people. and that's emboldening him. but if this is a republican on republican affront to donald trump, then you got a chance at building a wedge and actually building momentum for someone

else. >> phil, what are you hearing from the biden white house? last night we were hearing there are all these attack ads that were written last night because of so many lies were being told. is that putting a brave face on it? >> it's a spin. and i think this is the value of -- i think the republican senators are actually quite good at kind of surfaces this reality. when you take a step back from the very visceral passions of last night, one democrat said this entire event was just triggering for our entire party. we all get it and understand it. you addressed it at the top. and you look at the actual content, substance and policy that was addressed through the questions that kaitlan was asking, you realize that the former president trump was walking pretty sbhuch the entire framing of president biden's campaign reelection launch video, the stakes of the moment, the january 6th, the pardons, the putting the election, the sanctity of the election at risk and the constitution at risk. but also on the critical policy issues the democrats have run on

and won on both in the midterm elections and the wisconsin supreme court race. you look statewide in michigan, you look at swing states on the issue of abortion, that is a winning issue every day of the week. and the former president can try and parse on whether he wants a national abortion ban all he wants. what he said on dobbs, making clear how proud he was what with happened on dobbs, every democrat in america is writing a campaign issue on that ad. the one thing last night, an vortexed and said this was weeks' worth of damning content in one hour. it was quite efficient. and the point of elevating this moment as opposed to letting him sit in safe corners and talk amongst his own people underscores that reality. and we saw it from republican senators too. >> it's interesting. joe biden got into the race initially saying the soul of the nation is at stake, pointing to what happened in charlottesville, where the former president said very good people on both sides.

he essentially said the same thing last night about not -- he would have to look into the proud boys who have been convicted and whether or not he would pardon those guys. i mean, that's extraordinary. that's, again, him talking about there are good -- there were cops there who had been arrested. a police officer who was attacking other police officers. >> what's so interesting is many people say he hasn't changed at all. actually, that's not true. in many way, he's gotten worse. he is doubling and tripling down. it's not good people on both sides. it's actually babbitt was a good person and she was murdered. >> said nothing about the injured officers. >> correct. correct. it is, to somebody who is thoughtful and watching this, we have all reflected on what a second trump term would look like. it couldn't happen. scaramucci at the desk, it would have no guard rails. >> anthony, you know this better than anybody. when you look at the republican challengers that are out there now and the ones who are sort of bubbling up.

we talked to chris sununu last night and others, do any of them know how to run against this guy? >> no, but they could bee swarm him. it's what happened when the meme stocks on wall street. they could get together and say okay, enough is enough, and they could push the party and other people to bee swarm them. see, the problem with the analysis on the democratic side with all respect to them is a lot can go wrong for the democrats because now and 2024, and god forbid there is health-related issues or anything like that, and he's sitting there in a seat that you did not expect, he could be the sitting president again. he will damage the democracy. he will abrogate elements of our law, and he will do things that are not traditional to the united states. and forget about the things that he could potentially do our allies and our adversaries in that role. and he is a very angry guy, and we all know at this table that he is intellectually incurious.

and he will have a staff of misfits running around for him because nobody like general kelly or -- you know, you pick the team that was in there first time. not even his children want to go. he knows that, which is why he propped up the first lady this week, because he knows that he doesn't have the connectivity. and that is not 2016 anymore, anderson. and the country's changed a lot. but you could be in a situation where things happen randomly, and he is in the pole position. we owe to it the american people to stop that as fellow republicans. >> be careful what you wish for kind of prism to look through kind of things. i think everybody should be reminded of 2015 and 2016 where democrats are saying we want him as the nominee. it's not that much different this time, except the primary reason why is they feel there have so many weaknesses and he has been defeated by the incoming president. anthony makes a good point. you never know what happens there has been a lot of talk

about apathy on the democratic side for president biden, the lack of energy, enthusiasm. this is what brings that out. when you talk to advisers who are looking at the polls, you know, this "washington post" poll got a lot of attention last week that showed the former president beating president biden, and their coalition is where their numbers dropped off dramatically. that's why they questioned a lot of the methodology of the poll. that coalition comes home. in the view of biden advisers when they see stuff like this. that's what energizes them. that's what got joe biden to the white house in 2020. him being on stage for all of the pain that seemed to have caused some people, for democrats, that is a serious motivating factor. and for the current president, that is his path. >> i want to say it doesn't reflect well on me, but we did a lot of equivocation in that 2016 campaign. this is not a time for my fellow republicans to be equivocating on donald trump. he is the wrong guy, it's the wrong policy decisions, and he will hurt the democracy. so we have to stop him. >> anthony scaramucci, margaret

hoover, thanks so much. coming up, the key enforcement measure about to expire. two reports from the southern border from jorge ramos and a ride on the deadly train that migrants sometimes take to get north to the u.s. later, 18 years after her disappearance, new developments surrounding ingnatatalie hollow specifically surrounding the suspect. ladies... welcome to my digestive system. when your gut and vaginal bacteria are off balance. you may feel it. but just one align women's probiotic daily helps soothe digestive upsets. and supporvaginal health. welcome to an align gut. weeds... they have you surrounded. you're just gonna stand there? or are ya gonna take your lawn back. we're gonna take it back. we're gonna take it back. with scotts turf builder triple action!

it gets three jobs done at once - kills weeds. prevents crabgrass. and keeps your lawn growing strong. glorious! -agggghhhhhh! -aaagghhhh. no no no. get a bag of scotts triple action today, it's guaranteed. feed your lawn. feed it.

with downy infusions, let the scent set the mood. feel the difference with downy. at 11:59 eastern time tonight, by the way, this is a

live show of the u.s.-mexican border. the crisis on this country's southern border could get that much worse tonight around 11:59 p.m. that's when the trump era policy known as title 42 expires. title 42 allows for the quicker expulsion of grimes due to the pandemic. that could make a serious problem even worse. today secretary mayorkas and secretary of state blinken. according to the white house, they discussed options to humanely manage regional migration through deportion, returns and diplomacy. the u.s. federal government estimated there are 5,000 more than the day before. cnn's david culver is on the mex condition side tonight, saw even more people arrive today. david? >> reporter: anderson, what you can see from behind you're also seeing behind me that. is the u.s. side. and you can see hundreds of migrants are camped out. they're starting to be processed. and it seems that texas national guard along with texas state troopers are putting together a

show of force in stopping any more migrants from stopping over to begin the processing. but even to get to this point is a deadly and dangerous journey, and one that we got a sample of ourselves. we're just outside ciudad juarez, and this is the last train stop for this freight train that's eventually going to head into the city. and you can see already dozens of migrants in several of these cars, on top of them. they're asking us if we have water, if we have food. we climb on. the train slowly starts up again, heading north. we meet migrants from all over. >> honduras. >> honduras. >> he says he is from honduras originally and wants to go to the u.s. felipe from colombia also hoping to enter the u.s. i asked her why the u.s. she said to have a better future.

omar from venezuela. he's trying to get to baltimore, maryland. we rode for an hour. they've been on here for days, 12 days for roberto and his family. he's with his dad and his sister. he says they've been attacked. they've been robbed. describes really treacherous track. >> reporter: part of the train journey north for some is on what's called la bestia, the beast. it's also known as the trinain death and often controlled by cartels. roberto wears a face max to protect others. he got sick early on. >> he had to leave his two kids, young ones. he tells me his two toddlers nearly died so, he sent them back with family in honduras as he continues on. they stand, sit, and sleep on

melt construction beams covered in plastic. dirty clothes and cardboard used to make it as comfortable as possible. the heat and sun brutal. at night, its cold and wind. the smells a range, sewage at times and burning trash as we drove past what appears to be an incinerator. their soles worn down. he says it's very dangerous for women too, and he said food is just really scarce right now. omar spent four days on board already. food has run out. he showed us the little water he has left and the documents he clings to, keeping secured in plastic.

he's through all the different situation that would allow you to enter the u.s. he's got it printed out in spanish. and he's got the address of his friend in baltimore that he hopes to get to. four days on the train for him. he said the first day he almost got really sick because the sun was just so strong. and now he's making sure to keep covered as much as possible. he wants to go to new york. for omar, it's a familiar journey. he left venezuela six months ago. already expelled once from the u.s. for trying to cross. he'll try again. legally or illegally, he will cross, he tells me. i ask him if he is hopeful.

"i've got a lot of faith," he tells me. ultimately, he hopes to get money to send back to his two kids in venezuela. as we pull into ciudad juarez, about 25 miles still from the border wall with el paso, we and the others climb out. and that's it. you can see most everyone now getting off. it's basically the last stop. omar among the last off, carrying his only belongings and somehow a smile. planning to cross immediately. >> and david, do you know where the migrants you traveled with are now? >> some of them went to the city center to wait it out a few day, anderson, to bathe themselves and then try to get processed to the cbp 1 app. others are in the crowd right

behind me, getting processed as we speak. they say if they get expelled and deported from the u.s., they'll try again and again and again until they make it in, anderson. >> david culver, appreciate it. univision anchor jorge ramos also lending his perspective for us tonight. jorge, you're at a migrant camp in mexico just across the border from brownsville, texas. what are you seeing there? what is it like? >> well, it's true desperation. right here we can see rio grande or rio bravo. but you just move over here, and you see trash all over the place. this is a migrant camp. in matamoros, there are about 6,000 immigrants who are trying to cross into the united states. they have absolutely nothing. they have no papers. they have no money. and in these camps, as you see, they live in tents with no running water, no public bathrooms. however, what they do have is a desire to go into the united states. that's exactly what they want. and they do understand that it

is incredibly difficult, who wants to be here. matamoros by the way someone of the most dangerous cities in a very violent country. and they owe so much money, anderson, that if they go back to their country of origin, most of them from venezuela, it would be impossible for them to pay their debts. at the end, they're telling me this is no rocket science. when they lift title 42, it's going to be much easier for them to cross into the united states. . >> so right now under title 42, if they want to apply for asylum, they have to do it in mexico, is that correct? >> exactly. that's what happens. here they have absolutely nothing. they have a cell phone. through the cell phone, they're applying with cbp 1 trying to get into the united states. now what's really interesting is that mexico has become the processing center, the immigration police of the united states. mexico in a way has become the wall. and whatever the u.s. government doesn't want to do, now mexico is doing it.

>> so once the with title 42 going away are, the people there waiting for that to go away in order to cross over? what are their plans? >> when you talk to everyone, there is a lot of confusion. there are so many rules, title 42, title 8, what applies only to people from haiti, venezuela, cuba and nicaragua. it is incredibly complicated. but at the end, they do understand that once title 42 is lifted, it's going to be much easier. and we are already seeing the surge. last tuesday there were about 11,000 immigrants who crossed illegally from mexico into the united states, just to put it in perspective. before that, the average was about 6,000 to 7,000. so now if you have about 10,000 or 11,000 immigrants, every single day crossing, at the end of the fiscal year could be more than four million immigrants crossing. this could be an incredible record. and we have to say no one, absolutely no one, the biden administration nor the trump administration before or the obama administration could have handled something like this.

this is the new normal. and the best we can hope i think is just to handle the crisis before it becomes truly chaotic. >> and yet the system is so backlogged, the political differences are so severe on this issue in the united states that there is no -- i mean, there is no sign of any comprehensive immigration reform that's actually going to get more border security and also figure out a way to streamline the asylum system, get more judges in, whatever needs to be done. >> exactly. nothing is going to change. the system is completely broken. and we have many different crisis. on one hand we have about 10 or 11 million undocumented immigrants in the united states already. they need a solution. republicans and democrats are not even talking about it. then we have these probably four million immigrants, maybe less that are coming this year into the united states. and the system on the other side on mexico, over there is texas, it's simply not working.

it isn't functioning. it's completely dysfunctional. it's going to be used as a political tool during the campaign. and nothing is going to be resolved. and the people who are really suffering are the immigrants over here. many of them who have legitimate reasons to ask for asylum. and the legal process is so difficult that some of them might decide tonight at midnight just to cross illegally. >> jorge ramos, i appreciate your time tonight. thank you. >> thank you, anderson. coming up, reaction to the former president's comments about pardoning january 6th rioters, and more from a democratic senator and former presidential candidate who was at the capitol that day, senator amy klobuchar joins us next. ♪ ♪ every day can be extraordinary with rich,

creamy, delicious fage totalogurt. you're doing business in an app driven, multi-cloud world. that's why you choose vmware. with flexible multi-cloud services that enable digital innovation and enterprise control, vmware helps you keep your cloud options open.

there are some things that go better... together. burger and fries... soup and salad. like your workplace benefits and retirement savings. with voya, considering all your financial choices together can help you make smarter decisions. voya. well planned. well invested. well protected.

earlier, we showed you reaction from republican senator, the former president's comments from the town hall. those who talked with us were we're going to get reaction. we're joined by amy klobuchar from minnesota. we're author of a brand-new memoir released this week, "the joy of politics: surviving cancer, campaign, pandemic, insurrection and life's other unexpected curveballs." senator, it's good to have you on the program. congratulations on the book. >> thanks. >> you write in the book a lot about the events of january 6th. i'm wondering what your reaction was to the former president was last night saying he didn't think vice president pence wasn't in any danger and he was inclined to pardon those for their roles in the january 6th insurrection, even looking into the so-called proud boys? >> i think anyone that questioned if he had somehow changed got their answer last

night. he didn't back down. he doubled down. he talked about police officer being a thug. he said he would, as you know, pardon a bunch of the insurrectionists. and he called january 6th a beautiful day. i was there, anderson. it wasn't beautiful, and it certainly wasn't beautiful for the family of officer it isickn rand the other officers who died or so many police officers who were injured. senator blunt and i, as i note and tell the story in the book were heads of the rules committee, were the ones at 4:00 in the morning that made that walk through the broken glass and by the spray painted pillars filled with vulgarities and racist things. and we made the walk with the three pairs of pages, holding mahogany boxes with with the last of the electoral ballots up to wyoming and did our job.

and two weeks later standing under that blue sky, and one of the reasons i did the book is the memory of the words of amanda gorman, youngest inaugural poet ever, 22 years old in her bright yellow coat, standing on that very platform for joe biden's inauguration, the very platform that the insurrectionists had try to destroy and saying those words, "we must find light in the ever ending shade." and that's what i think politics is about looking for that light, getting things done, helping people. >> you write in the book going after then president trump 2020 campaign on abortion. last night he refused to say whether he would sign an abortion ban into law. he speexpressed pride on the th justices he put on the supreme court that helped overturn wade. i wonder how you took that. >> i took it as he put those judges on and did it for a reason and he knew would what would happen. to me it's very clear the path between his decisions to who he was going the put on the bench

and that outcome, which overturned over 50 years of precedent, which basically left our country with a patchwork of laws so that women in texas have to take a bus to illinois or minnesota just to get their reproductive health care. it's an outrage. and he is responsible for it. >> you opened your book talking about how much covid impacted you and your family. first your husband's battle with the virus, and then your delayed breast cancer diagnosis because you didn't go for routine testing during the pandemic. today marks the end of the national health emergency on covid here in the u.s. i wonder as you look back and you were writing this past three years, what do you think we've lost and gained? do you think the u.s. is prepared for the next pandemic? >> i think one of the things i wanted to do in that chapter, because i wrote this book because we've all been through a lot in america. and it's important to not forget it, but we can't just lament the setbacks. we have to rejoice in the

comebacks. and we have come back from covid. people are gathering together. but some of the things we learned is people lost their moms and dads and grandmas and grandpas and brothers and sisters, and they weren't even able to be there to say goodbye. kids fell behind in school. >> you lost your dad two years ago. >> yeah. my dad actually got covid and survived it, but ultimately perished from late onset alzheimer's. but i remember standing outside of that window at the assisted living when he had it thinking i was going to be the last time i saw him. but he somehow made it through and graduated from hospice three times. mountain climber that he was. but i miss him very much. and i think we all went through such a hard time, because you couldn't -- you couldn't meet the people. you couldn't see your loved ones. and so i think it's important to not forget that as people struggle with mental illness now, as we see some of the long haul symptoms, and also, as our economy continues to build back.

a lot of this is behind us, but we have to understand. and then it's preparing for the next one, making sure we have updated equipment. making sure we continue to support science and the nih and make much needed reforms to the senator for centers for disease control. all of those things are recommendations i make in the book. not trying to hawk it here. but i think there are things that we have to do to continue to make sure this never happens again. >> senator klobuchar, i appreciate your time. congratulations again. the new book is "the joy of politics: surviving cancer, campaign, a pandemic, an insurrection, and life's other unexpected curveballs." up next, an arrest expected in the deadly new york city chokehold death of jordan neely. plus, a new statement from the suspect's attorneys. with scotts turf builder triple action! gets three jobs done at once - kills weeds. prevents crabgrass. and kekeeps it growing strong. get a babag of scotts triple action today, it's guaranteed. feed your lawn. feed it.

. a gift she'll appreciate all year round. it makes standing comfortable in the home or office and comes in a variety of colors and finishes. and for mom's vehicle, there's cupfone, floorliner, cargoliner, and seat protector. show mom that she deserves the best with an american made gift from weathertech. mom's gonna love this! happy mother's day from weathertech.

the day you get your clearchoice dental implants makes every day... a "let's dig in" day... mm. ...a "chow down" day... a "take a big bite" day... a "perfectly delicious" day... - mm. [ chuckles ] - ...a "love my new teeth" day. because your clearchoice day is the day everything is back on the menu. a clearchoice day changes every day. schedule a free consultation.

narrator: it's called, “shared leadership.” driven by each community in a groundbreaking setting: california's community schools. where parents and families, students and educators, make decisions as one. creating the school and shaping futures - together. based on the needs of their students... ...steeped in local culture. curriculum from cyber security to gardening. and assisting families with their needs: wellness centers, food pantries, and parental education. california's community schools: reimagining public education. our customers don't do what they do for likes or followers. their path isn't for the casually curious. and that's what makes it matter the most when they find it. the exact thing that can change the world. some say it's what they were born to do...

it's what they live to do... trinet serves small and medium sized businesses... so they can do more of what matters. benefits. payroll. compliance. trinet. people matter. on the eve of an expected arrest in the new york city subway chokehold death of jordan neely, attorneys for the man being charged, daniel penny, issued a new statement about an hour ago. they write of penny, quote, he risked his own life and safety for the good of fellow persons and write he will be fully absolved of any wrongdoing. the statement comes hours after the manhattan's d.a. office told cnn penny would be arrested tomorrow. the charge will be manslaughter in the second degree. jordan neely was a michael jackson impersonator. the confrontation between the two occurred last week on a

subway train. a witness told cnn that neely was being loud and aggressive, shouting he was hungry, had little to live for. the witness also said neely didn't attack anyone. a witness took video of the confrontation. we warn you some of what you see is disturbing. penny came up behind neely and put him in a chokehold. cnn doesn't know what led up to the confrontation and how long neely was in the chokehold. while one person said neely might have a witness, a witness tells cnn he did not see one. he lost consciousness and was pronounced dead at a nearby hospital. there have been calls for penny's arrest since he became public. joining us elie honig and john miller who is former nypd deputy commissioner. what do you know about the decision to charge neeil penny? >> this is something they have been going back and forth since may 1 which they decided not to make the summary areas.

the choices are do we study the evidence, the autopsy, the witness statements and decide, you know, what do we see here in terms of self-defense versus manslaughter? do we put the whole thing in a grand jury, let them decide whether to indict and then go forward or not, or do we authorize an arrest. so today they decide we're going to authorize the arrest. one grand jury -- >> they haven't done a grand jury. >> they haven't. and they have five days to get this in front of a grand jury and get that process towards an indictment. and what's going to happen is he's been charged now. the grand jury will hear from the passengers who were on that train as to whether they felt threatened, were frightened or not. they will hear the account of what they saw and heard. they will look at the video. they'll hear from the medical examiner. but this is the key. and probably where we pass the ball to eli. the question, does daniel penny go and waive immunity at his own risk and testify in the grand jury and basically try not to get indicted by telling his

story of what was in his mind when he did this. >> it's really interesting. first, the charge, manslaughter in the second degree. the key term is recklessness. >> what does that mean, second-degree manslaughter? >> it's not a murder charge. the more serious charge would have been murder, meaning intended to cause somebody's death. prosecutors do not have to prove that he intended to kill neely. they do need the prove that his actions were recklessness. and there is no magic formula. that's going to be up to the jury. what was recklessness, what was not. fist of all, will perry, the potential defendant here use his right, which he has to go into the grand jury and try and defend himself? that's a difficult strategic decision. >> because anything he said can testify. >> absolutely. but he also may convince a grand jury not to indict him. >> it's notable, because it is a hard decision that penny has already been questioned by detectives. he has already given his version of the story. so his grand jury risk goes down a little bit there. >> and on the self-defense question, john and i were just talking about this, people may

say well penny wasn't in any danger, if he came up behind neely and put him in a chokehold. but you're allowed to use force to protect other people. it doesn't necessarily have to be defense of yourself. you can use reasonable force to defend some other third person. >> there is also the question, i guess, not only of the initial chokehold, but then how long was it sustained for. i mean, i guess the initial attempt to subdue mr. neely, a grand jury could find that that was okay, but the chokehold, holding on to him for so long was not. >> absolutely. you're going to want to know every step of what led up to the video where they're down on the ground. yes, the duration is going the matter a lot. how long did he hold him? was he showing signs of life? was he verbally able to say anything? what were other people doing? all of that is going the matter here there. >> has been demonstrations. how does that influence a

prosecution like this? there is clearly pressure on the city, on officials. >> so there have been demonstrations there have been arrests. as a prosecutor, you're supposed to feel that pressure, but you're not supposed to react to it. this is about the law. this is about justice too. but it's not about outside influences. i asked people in the d.a.'s office today, you know, their plan was to put it through the grand jury and then suddenly their plan was we're going to make the arrest now and go through the grand jury. what was the driver there? why the change? and what they said simply was we've got a grand jury sitting now. we can get this through the grand jury next week. we know the witnesses. it's not that complicated. otherwise we'd have to wait to the next grand jury to come along, and this would drag out through the summer, and justice needs an answer. >> john miller, elie honig, thank you so much. remember joran van der sloot, one of the last people to see natalie holloway alive in aruba 18 years ago? he is being extradited to the u.s. not to face charges in her

death, but to something else connected to her disappearance. we'll have the latest on t that. we hope you like your work. (♪ ♪) how to grow delicious herbs:

step one: use miracle-gro potting mix. that's it. miracle-gro. all you need to know to grow. when i was diagnosed with h-i-v, i didn't know who i would be. but here i am... being me. keep being you... and ask your healthcare provider about the number one prescribed h-i-v treatment, biktarvy. biktarvy is a complete, one-pill, once-a-day treatment used for h-i-v in many people whether you're 18 or 80. with one small pill, biktarvy fights h-i-v to help you get to undetectable—and stay there whether you're just starting or replacing your current treatment. research shows that taking h-i-v treatment as prescribed and getting to and staying undetectable prevents transmitting h-i-v through sex. serious side effects can occur, including kidney problems and kidney failure. rare, life-threatening side effects include a buildup of lactic acid and liver problems. do not take biktarvy if you take dofetilide or rifampin. tell your healthcare provider about all the medicines and supplements you take, if you are pregnant or breastfeeding, or if you have kidney or liver problems,

including hepatitis. if you have hepatitis b do not stop taking biktarvy without talking to your healthcare provider. common side effects were diarrhea, nausea, and headache. no matter where life takes you, biktarvy can go with you. talk to your healthcare provider today. i got into debt in college, and no matter how much i paid, it followed me everywhere. so i consolidated it into a low-rate personal loan from sofi. get a personal loan with low low fixed rates, and borrow up to $100k. sofi get your money right.

the main suspect in the 2005

disappearance of natalie holloway faces charge of extortion and wire fraud. their 18-year-old daughter was last seen leaving a bar in an island with him and two other men. he's serving time for another case. jean has been covering the case since the beginning as the latest is tonight. >> reporter: natalie holloway was on a school trip in aruba when she vanished. one of the last people to see her alive was joren van derr shoot. >> he knows exactly what happened. he knows who, what, why, and how. he knows the answers. >> reporter: it was may of 2005. holloway was last seen leaving a nightclub in aruba with van derr

shoot and two other men. her body was never found. all three men were charged for involvement in manslaughter, but a judge ordered their release, citing lack of evidence. according to legal documents in march 2010, van derr sloot offered to take the cooperating witness to the location of natalie's body, advise to the circumstances of her death, and identify those in her death and disappearance and in return for payment of $250,000, a total of $25,000 was ginn to him as a down payment, and holloway's attorney flew to aruba. he took them to a house, saying the body was buried in a foundation. days later, he emailed the

holloways saying he had lied about the location of natalie as remains. extortion charges filed days later, but he had fled to peru. surveillance video shows him gambling with what was believed to be that $25,000. he met the daughter of a prominent peruvian businessman. video shows them leaving the casino, going to her apartment. hours later, she was dead. cnn went when he was charged in her murder. way circumstantial evidence exclusive access to the prison in peru where he was led at the time. as he was led out, we were allowed to enter his private cell. he was convicted of murdering flores in peru in 2012. peruvian authorities said they would extradite him eventually

to face charges in the u.s. natalie's mother reacting to the news in a statement wednesday. she would be 36 years old now. it had been a very long and painful journey, but the persistence of many is going to pay off. together we are finally getting justice for natalie. >> jean joins us now. this is incredible, this new development. you were at the prison in peru. is he going to be surprised by u.s. prisons? >> he's going to be very surprised, because in peru, you can wear your own clothes so they all have street clothes on. because of that they can hide their weapons. you saw a knife in that video, someone trying to get out of their cell. anyone from the community with bring in baked goods, a hot meal to any prisoner they want, just any time. and women come to the prison, men can come to the prison, and they can associate, socialize. joren van derr sloot met a woman

and married her in prison, and she has his child. >> appreciate it. thank you. we'll be right back.

♪ (electronic music) ♪ ♪ ♪ the journey isn't about where you're going, ♪ it's who you'll be when you get there. ♪ the new 2023 lincoln corsair with available lincoln bluecruise. hi, i'm ron reagan, an unabashed atheist, and i'm alarmed, as you may be, by the intrusions of religion into our secular government. that's why i'm asking you to join the freedom from religion foundation,

the nation's largest and most effective association of atheists and agnostics working to keep state and church separate, just like our founders intended. please join the freedom from religion foundation today. ron reagan, lifelong atheist, not afraid of burning in hell. how to grow delicious herbs: step one: use miracle-gro potting mix. that's it. miracle-gro. all you need to know to grow.

♪ ♪ the biggest ideas inspire new ones. 30 years ago, state street created an etf that inspired the world to invest differently. it still does. what can you do with spy? ♪ ♪ >> the news continues. cn