tv Anderson Cooper 360 CNN June 14, 2023 5:00pm-6:00pm PDT
5:00 pm
that's the plumes in minneapolis. the person who took it told cnn that on a clear day, you can see all of downtown. now this is what it looks like. yuk you can see that the sky is completely blanketed. it comes after smoke from the fires made its way to new york and had the sky looking like something out of an apocalypse movie or like mars, and that could be coming back, some smoke stretching from washington to boston this week. it's not clear how dense the smoke may be, when it will arrive, but we have been warned, it could be on and off, heavy at times, impacting the entire summer for the east coast. thanks so much for joining us. you can find tlatest show of our podcast. you can search your favorite podcast app as well. it's time for "ac 360" tonight it's time for "ac 360" tonight with john king. -- captions by vitac -- www.vitac.com john king in for anderson tonight. thanks for your time.
5:01 pm
breaking news, new reporting on the trump attorney who wanted to try to settle with the justice department and keep his client from facing charges. the catch, his client. also tonight, cnn gets frontline access to ukrainian special forces on the hunt for russian commanders to corner and kill. and later, a father is speaking out about nearly losing his children and their remarkable, simply remarkable story of surviving 40 days in the colombian jungle. we begin with the new reporting on what you might call the exit ramp not taken by the former president, one that might have kept him off his current road to trial in the documents case. quote, one of donald trump's new attorneys proposed an idea in the fall of 2022. the former president's team could try to arrange a settlement with the justice department. he joins us on the telephone now. josh, walk us through this reporting. one of the president's attorneys wanted to turn down the temperature, went to the former president of the united states, wanted to make a case with the
5:02 pm
justice department. tell us more. >> right. so, john, the goal of the story was to outline all of the ways that former president trump could have avoided being indicted, according to his own advisers and lawyers and people close to him. one of those ways was that in 2022 he hired chris kise, agreed to play him $3 million up front. chris kise comes in -- this is right after the raid. they just raided his property. and he says, we need to take the temperature down. we're going ofind a way out of this. and what he proposed is they go to the justice department -- this was before special counsel had been appointed -- and test the appetite of merrick garland and the team interested in any sort of settlement agreement that avoids criminal charges. and when posited that idea to the former president and to the former president's other lawyers, it was rejected. and then after that, what we report is that there were
5:03 pm
multiple, multiple cases where trump lawyers, trump advisers, tried to get him to simply give the documents back to avoid what ended up happening on the indictment on friday and then obviously the proceedings yesterday. and he just simply refused to do that. >> and you say in the story that, you know, kise had this, let's turn down the temperature, let's see if we can negotiate an agreement here. and more pugilistic forces in trump world carried the day. do we know who they are and what their advice was, why they thought this was a bad idea? >> one of the lawyers viewed it as pugilistic is boris epstein. some of the folks on trump's team really see this as a public relations war. they think going after the department of justice in an aggressive way raises his poll numbers, that these people are out to get him and they should just fight, fight, fight, fight, fight. and in fact trump shares that instinct, right? and the more people -- first
5:04 pm
inclinations usually are. it takes a lot to get him to go away from that. so, when this idea came from chris kise, other lawyers around him really chilled it before it could be born. >> it's a great snapshot of the trump legal team going back to the special investigation. two of the lawyers quit, resigned, from trump's legal team just as they got word from the justice department he was about to be indicted. what do we know about the strategy going forward? kise is still involved? >> he has two lawyers who work for him, todd blanche and chris kise, who are feeling well respected in the bar. kise has a few cases in front of him in the supreme court. todd blanche has decades of experience at major law firms. these are not sidewalk lawyers. these are pretty serious lawyers. but -- counsel that's local, that understands the judge, understands the courthouse, understands how that part of the
5:05 pm
world works. chris kise certainly does. but he doesn't really have anyone else. when this indictment came, as you said, two of his lawyers quit and left him spending the weekend scrambling to find new lawyers. some have said no. some have said they'll think about it. trump can't decide if he likes some of them. it's really fluid situation on who will be, you know, his counsel the next time he steps at the defendant's table in this case. >> fascinating reporting. appreciate your time tonight. thank you. >> thank you. the attorney general merrick garland today taking the rare step of weighing in not on the case directly but on the man who's leading it, the special cou counsel, jack smith. >> mr. smith is a veteran career prosecutor. he has assembled a group of experienced and talented prosecutors and agents who share
5:06 pm
his commitment to integrity and the rule of law. >> backdrop there to our conversation tonight with the republican and former maryland governor larry hogan. governor, nice to see you tonight. you just heard what josh deossie said tonight. let's get to the justice department. let's turn down the temperature. let's try to negotiate a settlement, and the trump legal team talked the former president out of it. surprise you at all? >> it doesn't surprise me. it's the first time i heard it, but, no, it's not a surprise. it seems to be par for the course. but i think we heard from the former attorney general, bill barr. we heard from really two of my former colleagues that governors both chris christie and asa hutchinson, federal prosecutors, u.s. attorneys, who are taking this case seriously, some of the few people speaking out at this point. >> legally quite seriously. but on the politic side, the trump campaign raked in
5:07 pm
$7 million. you saw his campaign as bad for the country and bad for the party even before these federal charges. why do so many republicans appear to disagree? >> well, you know, i think it's unusual that people are trying to make the argument that they should replace donald trump but they're not willing to stand up. so, if you think that you want to be an alternative to donald trump but you're not willing to criticize president trump, i think we can't rush to judgment and republicans who say they don't even care about seeing the facts are making a mistake. we shouldn't prejudge the case. but these are very serious charges. we're talking about potential national security issues. and, i mean, if half of this is true, i agree with bill barr, then, you know, it's disqualifying to run for president. but we've got people that are afraid to speak out. you shouldn't prejudge it, but you can't just wipe it away and try to make the argument that it's simply a weaponization of the justice department. but it's totally cool to hide,
5:08 pm
y you know, nuclear secrets and attack plans on iran in a spare bathroom. >> you have not been shy at all about saying you would prefer a much smaller field. the opposite is happening. just today, frances suarez filed candidacy papers. so, it is now trump plus ten. is there any way to read that, the size of the field right now, except good for trump? >> well, there's no way to read it other than it's really going to help donald trump. as we know -- a agree with you that this potentially is going to strengthen his support and people are going to rally behind the president because they see this as an unfair prosecution. and now we've got -- i think it's 12 people in the race, if suarez gets in. i've got six former gubernatorial colleagues of mine that i served with. you've got three people from florida potentially. and, you know, donald trump's at 50% or something like that. and i had said when i decided not to run that we really should have a more narrow field. we didn't want to have a repeat of the multicar pileup that we had in 2016 where we had 17
5:09 pm
candidates and now it looks like we're getting close. we may be up to 13 already. >> you won in a blue state, not always easy for a republican to do. what did you make of the president's speech last night. there was no policy. it was all grievances. attacks on the prosecutor, attacks on the prosecutor's wife. if you were a republican on the ballot next year in a competitive state listening to the former president last night thinking that could be coming your way next september, next october, what would you be thinking? >> i think it's disastrous. we're certainly -- it is firing up the trump base, but it's certainly not capturing any swing voters. so, purple states in competitive districts, it could be a real serious wipeout if we don't to double down on failure. one of the things i've been talking about is, you know, the definition of insanity is continuing to do the same thing over and over again expecting a different result. and we've kind of had huge losses in the last three elections. we lost the white house. we lost the senate and the house, and we should have performed better last year. >> governor hogan, appreciate it
5:10 pm
your time. we'll continue in the months ahead. very much appreciate your time tonight. thank you. >> thank you. let's get perspective now. with us is mark lauder, served as special assistant to the former president. also with us, our cnn legal analyst, carrie cordero, paul begala, and kristen powers. chris kise, trusted, well-experienced attorney, goes to the former president and says, i have a way to turn down the dial here. give me permission to talk to the justice department to fix this. others in the camp say, nope, keep up the fight. that's going back, before the appointment of special counsel. if that was the approach then, what does it tell you about the legal strategy now? >> of course that would have been a better course to go on than where the former president finds himself right now because it was before the special counsel was ever appointed. it was right after the physical search. so, the government was still going through the materials that
5:11 pm
they would have uncovered through that search at mar-a-lago. and it was an opportunity to go in and see if there was anything they could do to keep this indictment from ever happening. it would have -- maybe the justice department would have said, no, it's too bad. you obstructed for too long. too many opportunities missed before the search was executed. it's always a possibility. but then the former president's team would be able to say, look, we tried. we tried to work this out with the justice department and they rejected our overture. so, it would have given them even another point there even if it wasn't successful. now this indictment has been filed. it has been brought by a grand jury. and he's stuck with it. and so, yes, they can approach the justice department and try to see if he can plead, but there would be no way other than a guilty plea following the revelations of all the information that's contained in that indictment. >> you've seen this movie before, haven't you, in the sense that, you know, experienced political people, experienced policy people on
5:12 pm
either the trump campaigns or the trump administration come up with a plan and they think they have the former president or then president or then candidate sign off. but then others in his circle have a different approach. josh mentioned boris epstein. we've seen this before, right? >> yes. and the story in "the washington post" highlights the work of tom thick of judicial watch, who brought the lawsuit against the clintons, trying to get the famous clinton sock audio tapes. he lost the case, and they are using that, tom fin ton, and it's expected his lawyers will use the case to defend his use of this because they ruled the audio recordings that were kept in a sock drawer were not presidential documents. and even if they were, the president had the right to keep them. >> so, it'll be very interesting. >> but as a legal matter -- you may respond to this -- it wasn't the same legal case, right? we're dealing with the espionage act here. this isn't a presidential
5:13 pm
records act, is it? >> i don't think we would ever be in this situation if these weren't classified documents and, importantly, if the former president had not continually rebuffed the archives and the justice department's efforts to retrieve them. even given the sensitivity -- and i'm a national security lawyer. even given the sensitivity of the documents, i still think had the obstructive conduct not occurred, he would not be in this position. >> democratic strategist on this side of the table. what would your advice be to president biden right now? do you count or spend any money dealing with -- he keeps saying, you know, it's like hillary clinton or joe biden took documents. i'm not excusing that behavior, but they're misdemeanors compared to felonies if you talk criminal way or minor versus major if you want to use basic words do. you just let it go and let it play out or do the democrats have to answer that? because trump is effective, even though it's factually incorrect. >> so far he's only effective with the core r of his base. by double digits volters think
5:14 pm
these charges are merited. the president of the united states -- i know he's a candidate too. he needs to shut up. he's very wise. with age comes wisdom. joe biden 20, 30 years ago may be popping off about this. not now, man. he's got to lock it down. there cannot be any politicization from the government. the problem is not so much for the democrats. it's that there are 18 members of congress who represent -- who are republicans who represent districts that biden carry. today the democratic campaign committee was putting up press releases saying, hey, why aren't you speaking out on this? i think that's fair. we need to get folks on the record about this. but the people in maximum peril are those -- governor hogan just said so. a good republican who won in a very, very blue state. those are folks on tinter mounts here. >> i think the difference here is president biden has to stay
5:15 pm
out of it. that's the thing. i don't think because he's the president and the department of justice has to stay out of it. that doesn't mean democrats can't talk about it. and i think the people who are going to believe, who are going to believe that this is the same as hillary clinton or the same as bill clinton and the sock drawer are going to believe that. "the wall street journal" did the opinion piece today. it's being widely circulated. everybody is trying to say it's the same thing when it's not the same thing. there are people that are open to persuasion, open to hearing what the case is about, that it's not just presidential records act case. it actually deals with espionage act. it actually deals -- there was nothing in clinton's sock drawer that had the attack plans to iran or nuclear codes or anything related to nuclear systems. helping people understand the seriousness of this. >> i think at one point -- we often talk -- i know it's in the headlines. i know it's in the news. this election, the upcoming one, is going to be the same thing you guys masterminded all the way back in the day.
5:16 pm
it's the economy, stupid. if we are talking about this in october of 2024, that doesn't look good for the former president. if we're talking about the issues that matter to the american people in their homes, that's the strength. >> they should listen to you. >> i was just going to say, let me borrow your words. if you'll let me take your words, if you watched his speech last night, and it's supposed to be the economy, then that speech was stupid. that's the way we would put it there. thanks, everybody, for the conversation. up next, how republican voters were swayed. a report from new hampshire. and later, a man's death on a new york subway in a chokehold, now a grand jury has weighed in on the man who used that chokehold. we'll bring you the latest next.
5:17 pm
narrator: the man with the troublesome hemorrhoid enters the room. phil: excuse me? hillary: that wasn't . narrator: said hillary, who's only taken 347 ste today. hillary: i cycled h. narrator: speaking of cycles, mary period is due to start in three days. mary: how do they know so much about us? narrator: your all sharing health data without realizing it. that's how i know about kevin's rash. who's next? wait... what's that in your hand? no, no, stop! oh you're no fun. [lock clicks shut] what if we live to 100. i don't want to outlive our money. i keep eating all these chia seeds. i could live to be 100. we work with empower, even if we do live to 100 we don't have to worry. eh, not worried. take control of your financial future to empower what's next. ♪ tourists
5:18 pm
5:19 pm
5:20 pm
for someone who not only loves history but is also a great storyteller. it was the best gift that i ever received in my entire life. because it opened up my life. now on sale for father's day. the breaking news tonight, reporting in "the washington post" about a deal the former president's attorneys wanted to explore with the justice department in the documents case. "the post" story citing three people briefed on the matter said the former president was not interested. fast forward to miami yesterday and new hampshire today where omar jiminez spent the day speaking with republican voters. >> it's not fair. i'm all about being fair. >> reporter: in this republican part of new hampshire, a 37-count indictment doesn't change much for some trump supporters.
5:21 pm
>> this is from the indictment. >> yep. >> trump told individuals the plan was highly confidential and secret. trump also said, as president, i could have declassified it, but now i can't. but this is still a secret. what's your reaction to seeing that trump allegedly did this? >> well, right there with hunter biden. that don't mean nothing because i don't trust the doj. i do not trust the fbi. i hate to say it. y'all have to come out with more info. >> anything that's in here at this point doesn't matter to you? >> i will listen to it. i will not make a decision on any of it until i've heard a lot more. >> reporter: lee haines isn't alone either. many of trump supporters we spoke to pointed to a lengthy investigation into hunter biden's finances, which remains ongoing, to hillary clinton active with criminal intent, and described as careless handling of classified information, to
5:22 pm
these trump backers, it's all evidence of a double standard being applied now. >> to give us look here but don't look over here. i wish they would start. it's just too much. >> even in this, there's pictures of the boxes, you know, stacked up and even spilled on the ground. that doesn't bother you? >> everything you see -- you can't believe everything you see. i don't know. i'm skeptical. they told us russia collusion was real for how many years? and it proved through the mueller report that it wasn't. so, how can i believe that at face value too? >> reporter: even as trump faces legal jeopardy he remains the clear front runner in the gop primary. the former president's rivals so far offering a range of reaction to the indictment. >> he said, i'm more important than the country. these are my papers. >> if what it says is actually the case, president trump was incredibly reckless with our national security. >> this indictment contains
5:23 pm
serious charges, and i cannot defend what is alleged. >> reporter: in sea brook, new hampshire, another red part of the state, some republicans believe the allegations will help trump politically. >> this is uniting people. people are saying, wait a second here, it's not -- it's not d versus r. it's us against them. >> reporter: he too doesn't believe what's in the indictment. >> for you to know what is really the charge, you have to believe the charger. >> so, the contents of this indictment to you are essentially disqualified. >> completely disqualified because it's all done by a completely filtered justice department. >> reporter: and despite the latest allegations, he doesn't plan to change his vote. >> you voted for trump in 2016? >> i voted for trump in 2016. >> and 2020? >> i voted for trump in 2020. >> and you plan to vote for him coming up. >> if trump is on the ticket in
5:24 pm
2024, i would gladly vote for him again. >> he was the first person to get me to vote, 56 years old, i and did vote for trump in 2016. i voted for him again in 2020. at this point, yeah, i'll vote for trump. >> you haven't seen anything at this point to change your vote from trump? >> not really. but i do wait until the end before i do make a decision. you know? if biden comes through with something stellar, who knows? >> now, one woman we spoke to, who didn't want to appear on camera -- she was with all of her friends -- she told us she's not voting for trump anymore and it's not just because of this but in her words, since the last time she voted for him, he's done too many things wrong. the key thing here is the trump element the presidential primary contenders are up against here that if these supporters were to change their vote, it's not going to come from simply an indictment from the department of justice. john?
5:25 pm
>> omar jiminez, on the ground for us in new hampshire. the former president has gotten no support from chris sununu. he will join kaitlan collins at the top of the next hour. former vice president pence said he cannot, quote, defend what's alleged. some saying they'd even support him if trump is convicted. >> absolutely. absolutely. because this is ridiculous charges here. and i am very confident that ultimately these charges, if he were to be initially convicted, that he would ultimately be able to turn an appeal. i don't think there's any basis for them. >> let's get perspective from our cnn political commentator, adam kinzinger, who of course was a member of the house january 6th committee. our with us, former special adviser to president obama, van jones. i want to start with you, congressman. i assume you're having flashbacks. i know back in your district,
5:26 pm
you would encounter some people who were so loyal to trump, it just didn't matter. if you told them this was not a coffee mug -- this is a coffee mug, they would say, no it isn't. how do you break through to those people? >> you know, it's -- to be honest with you, for me it's a little heartbreaking to see what's happened to my party and what's happened to the party that -- you know, back in the day, it was all about truth and law and order and justice. and to see the brains being broken, frankly, by donald trump, yes, but also by a lack of leadership by those in power. i mean, you talk about -- i'll support him no matter what. leadership is all about leading. the word leader is in the word leadership, and it's about telling people, you know, what the truth is, trying to persuade people to a certain way, and then they'll follow you. if leaders, some members of congress, the senate, even local leaders, are just simply looking at what the people want them to
5:27 pm
do and not taking any effort to explain it, there's no doubt everybody's just chasing their tail into traesk. for me, it's heartbreaking. but i don't see how this breaks short of five or ten years ago people are finally waking up. >> so, van, when you listen to the voters in that piece, it's hunter biden, it's hillary, it's all the same anyway. i'm not going to be mad at donald trump until somebody takes care of them. as a democrat, as a progressive, do you think that democrats should be trying to fight that to change those minds, or is it just that's what they get not just from trump. that's what they get in the conservative media silo too. leave it alone, focus on democrats and ind perpetrates, or try to break through to those people? >> i think sometimes you talk not to persuade but to understand and be understood. and i think what i was hearing from those men speaking, undern underneath, there's some real alienation there. there's a sense that nobody's by
5:28 pm
my side. the people are against me, and trump is for me. at least i know trump's for me. i think there's an opening there for progressives to say, look, a lot of times we do identity politics. are you like me, are you black like me, do you vote like me? the question for most people is do you like me? i think progressives don't convey to guy like that, we do like you. a lot of you guys, veterans, small business owners, union owners, we like you. we need you to help these kids who are in trouble. we need you to rebuild america. we like you and we need you. we just don't think that trump is right for you. we think you are worthy of a better cause and better leader than donald trump. often we don't sound like that. often we say, you're a dumb idiot, you're in a cult, you're stupid, you're not paying attention, which just helps trump. whether you say that if they vote for you or not, the question is at least you've extended some level of respect, some level of decency.
5:29 pm
that's all we can do in this situation. that's my big concern is that progressives seeing this actually help donald trump by insulting people who really should be brought into our fold. >> you make a fantastic point, i think a critical point about respect. it should go both ways. congressman kinzinger, i went through your history serving in congress. what i went note, you also wore the uniform and risked your life. when you hear a colleague like bob good saying, even if the former president is convicted, he would support him being back in office, after learning that in bathrooms, on a stage were boxs that included battle plans and nuclear secrets and stuff like that. what goes through your mind when you hear that, given your experience in national security? >> well, it's insane. it's crazy. because, look, we take -- in the military, you take an oath. and that oath well may lead to you giving up your life on behalf of the country. in congress, we take an oath.
5:30 pm
and probably you're not going to give your life serving that oath, but you represent 700,000 people. and it's -- to sit back and say that my oath requires me to defend a man and not to defend the secrets of the united states, not to defend the constitution of the united states -- look, i have no doubt that bob good has convinced himself that he is fighting a righteous cause. if i could get into his head, he's found a way to convince himself -- and a lot of people have. but i think it's important for us to remind people over and over that, look, imagine this is president obama that did this. how would you be feeling? imagine when the next president who's a democrat does this same thing, how will you feel? and drom si, by the way, john, can only survive if we have a basic level of trust. your vote counts and there's basically rules we're going to play by including things like classified information and going forward and believing in your oath. van made a good point, by the way, about this alienation
5:31 pm
feeling. that's why it's important for leaders to give voice to people's alienation not in a dark way, but to convince them of a brighter path forward, to convince them that it can be better, we're america, not to feed their darkest anger. and that's what's happening. >> we heard a lot of grievances from the former president. former president trump's team is in high spirits. if you talk to some democrats privately, they're in high spirits too. not that they don't think these charges are very serious. not that they don't want donald trump in jail eventually, but they think if this helps him win the nomination, that's good for us because he's the guy we can beat. is that the right way to feel? >> no. i don't think that's the right way to feel at all. listen. anybody who gets the nomination of a major party has a real shot to become president. so, if we didn't learn anything from 2016, we should have learned, don't cheer lead for somebody who you could not tolerate being president to get the nominate. you want the best of both parties to go up against each other because in a 50/50
5:32 pm
country, one of these people can win. so, i think the idea that 2016 didn't happen, we should just keep hoping for the worst for the republicans, best for democrats, it ain't necessarily so. >> van jones, congressman kinzinger, appreciate it your time tonight. thank you. >> thank you. up next, what a grand jury decides to do about a veteran who put a homeless man in a chokehold on a new york city subway train.
5:33 pm
♪ ♪ start your day with nature made. the #1 pharmacist recommended vitamin and supplement brand. i will be a travel influencer... hey, i thought you were on vacation? it's too expensive. use priceline, they've got deals no one else has. what about work? i got you. looking great you guys! ♪ go to your happy price ♪ ♪ priceline ♪ ten years ago, i invented the ring video doorbell for moments like that. and ring security cameras for moments like this. [ring floodlight cam siren sounds]
5:34 pm
5:35 pm
5:36 pm
subway. you'll see penny surrendering to police on the same charges. he is out now on bond. you'll likely remember this incident was caught on cell phone video. penny put jordan neely in a fatal chokehold after witnesses say neely made threats and scared subway riders as he yelled he didn't care if he died. penny came up behind him and restrained him in that chokehold until he stopped breathing. neely's death led to protests, calling for the arrest of penny. joining me -- cnn chief law enforcement and intelligence analyst, john miller. john, let's start with you. there's a lot of emotion about this case, but what about the process. now that daniel penny has been indicted, second degree manslaughter, what next? >> the process is a flash point in this case. the family of jordan neely
5:37 pm
wanted to know, why wasn't he arrested that night? the answer came from prosecutors who said, we need more information. they wanted to hear the 911 calls. they want to talk to the passengers on the train, ask them if they felt threatened. and finally on may 12th, they ordered his arrest, began that grand jury presentation, and obtained this indictment today. it will be announced tomorrow. >> so, joey, sources telling us the indictment is for second degree manslaughter charges. walk us through the specifics. why second degree manslaughter? what's the bar for prosecutors to prove that as opposed to, say, something else? >> yeah, john, i think there's two. one is the second degree manslaughter. the other being the negligent homicide. what's the distinction? when you look at the issue of second degree manslaughter, what you're speaking to is the recklessness of the conduct, the legal term. what does it mean? it means you consciously disregard the risk that your behavior could result in death and that death did occur.
5:38 pm
the issue in the case will be whether or not the defendant acted recklessly. the prosecutors will argue that for the extent that you had your arm around his neck for a long period of time, certainly you can foresee there's a substantial likelihood that he would die. in the event that the jury does not buy that, potentially they buy negligent homicide. what is that? that means you acted with criminal negligence, you acted with carelessness. when you talk about second degree manslaughter, you're talking about a potential sentence of 5 to 15 years. when you're speaking to the issue of criminally negligent hods, you're talking ability 1 to 4. in new york state, it goes, a, b, c, d, e. that's nay yoture of what he's facing. >> based on the limited evidence you've seen so far, do you think prosecutor versus a strong case here? >> so, i think the defense has a number of things to overcome.
5:39 pm
what is that? i think that they will examine the prosecutors will, really number one, the recklessness that i spoke to. but then the defense will make arguments as it relates to self-defense. the issue will be twofold. one is the immediacy of the threat. did in fact at the time you had a person dead here and was he and should he be dead? what threat did he pose? was that threat one of life or death? that would be an issue and a problem. the other issue, john, would be the proportionality of the force. did it take the prolonged hold on the neck to achieve the objective of ultimately subduing him. the answer to that is no, the defense has a further problem. and then new york state, remember, it's not stand your ground, to introduce that doesn't apply. new york doesn't have that. you have a duty to retreat. whenever you proper self-defense in new york state, it's a very high bar in as much as there are a number of alternatives you can take to avoid death or having to
5:40 pm
kill someone. that is what prosecutors will argue he should have done. >> you lived this, an incident reported on a video. people in new york have seen it over and over and over again. how much of the case relies on that video, even though as you know, parts of the encounter weren't even captured on video. there's a medical examiner, witness statements, so much more to it. and yet in the public domain, so far it has been that video. >> i think the video is the thing that you always wish you had as a prosecutor. if we had this on tape, we could prove exactly what happened. but the tape starts halfway through the incident. what it does not capture was the pacing around by mr. neely that witnesses described, him balling his fist up, throwing his jacket down, talking about not being afraid to go back to jail or to go away for life. they're wondering, what is he about to do that he could go away for life for? it suggests he was about to hurt somebody, in the mind of daniel
5:41 pm
penny. this case may boil down in large part to that video, but also to the decision his lawyers will make, do you put penny on the stand? because they're going to have to have some show of proof of what was in his mind when he decided to use that level of force that he can articulate he thought was about to happen that justified it? >> john miller, joey jackson, appreciate your time tonight, gentlemen, thank you. still ahead for us, a cnn exclusive, a ukrainian special ops team on a mission to target special officers and weaken their opponents. we will take you to the front lines next. 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 sof get a personal loan with low low fed rates, and borrow up to $100k.
5:42 pm
sofi get your money right. as someone living with type 2 diabetes, i want to keep it real and talk about some risks. with type 2 diabetes you have up to 4 times greater risk of stroke, heart attack, or death. even at your a1c goal, you're still at risk ...which if ignored could bring you here... ...may put you in one of those... ...or even worse. too much? that's the point. get real about your risks and do something about it. talk to your health care provider about ways to lower your risk of stroke, heart attack, or death. learn more at getrealaboutdiabetes.com trying vapes to quit smoking might feel like progress, but with 3x more nicotine than a pack of cigarettes - vapes increase cravings - trapping you in an endless craving loop. nicorette reduces cravings until they're gone for good. keeps flaring, put it in check with rinvoq, a once-daily pill. when uc got unpredictable, i got rapid symptom relief with rinvoq. and left bathroom urgency behind. check.
5:43 pm
when uc got in my way, i got lasting, steroid-free remission with rinvoq. check. and when my gastro saw damage, rinvoq helped visibly repair the colon lining. check. rapid symptom relief. lasting, steroid-free remission. and a chance to visibly repair the colon lining. check. check. and check. rinvoq can lower your ability to fight infections, including tb. serious infections and blood clots, some fatal; cancers, including lymphoma and skin cancer; death, heart attack, stroke, and tears in the stomach or intestines occurred. people 50 and older with at least 1 heart disease risk factor have higher risks. don't take if allergic to rinvoq as serious reactions can occur. tell your doctor if you are or may become pregnant. put uc in check and keep it there, with rinvoq. ask your gastro about rinvoq. and learn how abbvie could help you save.
5:44 pm
jackie: community schools are so important to us. this is truly what students need. cecily: no two community schools are alike because it goes by what is happening in the community. rafael: we want this to be a one-stop shop for our families that puts parents and students first. kenny: the health and wellness center is a part of our holistic approach. terry: medical, dental, vision, and mental health services. we're addressing the students' everyday needs. kenny: what we do allows them to be the best version of themselves. narrator: california's community schools: reimagining public education.
5:45 pm
to ukraine now, where the government in kyiv is partial success in its counteroffensive against russia. ukrainian troops have made advances on two fronts. that includes toward the besieged city of bakhmut. sam kiley spoke exclusively the ukrainian special ops in bakhmut on their efforts to retain russian troops. >> reporter: the objective, to
5:46 pm
bring a special kind of misery to russian troops. as they arrived alongside ukrainian regulars, the russians attacked. the night vision recording of a routine assault that the special forces needed to shrug off. >> how long did you spend under fire like this before you could move? [ speaking non-english ] >> and then what did you do? [ speaking non-english ] >> reporter: electronic surveillance pinpointed their victims. first, they killed two paratroopers approaching on their left flank to get to group's main targets, russian commanders near bakhmut. a sterile record of an all too gritty event in march. first, one officer is shot. then other down. he says radio intercepts
5:47 pm
revealed that the russians lost two officers and five others to their sniper team that night. [ speaking non-english ] [ speaking non-english ] >> reporter: formed when russia invaded ukraine last year, this team of experienced veterans works in a secret realm under the intelligence services. their task, with tactical work achieving strategic effect, as ukraine's counteroffensive takes shape. here, using a modified heavy machine gun in a hidden bunker last month close to bakhmut, drone operators more than a mile away are directing bravos on russian troops. >> how many russian troops have
5:48 pm
you killed in this war? >> a lot. a lot. for example, a lot of russians. >> this is when you're on the -- how many more or less there? >> i don't know. we didn't calculate. >> reporter: it's the russians that want to do the counting because ukraine's best hope is that russian troops run rather than fight. >> sam kiley joins me now. sam, remarkable access, just a simply fascinating report. what more did you learn about the ukrainian counteroffensive? >> well, john, i think the important thing about the counteroffensive is, first of all, that it's underway. it's underway not yet in full swing where it's most intense and the newest front opening up really is in the south between zaporizhzhia and donetsk city. zaporizhzhia, of course,
5:49 pm
ukrainian held, donetsk held by the russians. where the ukrainians are claiming they've had a few limited break throughs on that very heavily defended russian line there. and they're anxious really to break through completely because if they can do that, they can separate the southern front from the eastern front. they can divide russian forces as they drive south towards the occupied crimean peninsula. and that would represent a very significant tactical gain for the ukrainians. but at this stage, they're only making incremental gains there. but there are also, around bakhmut where bravos and his team have been fighting and carrying out those hits against senior russian officers, there have also been some ukrainian advances that would allow them to perhaps even develop something tactically useful and to strategic advantage. >> remarkable reporting. grateful for it. thank you. and coming up, a simply
5:50 pm
incredible story as children survive more than a month in the colombian jungle after a deadly plane crash. the search and rescue that captivated the world. that's next. lot. we c charge you a little. they put their names on arenas. we put oururs on my lower back. so naturally when they announced they'd be raising their prices due to inflation, we decided to deflate our prices due to not hating you. and if this were one of their ads, they'd end it here with a "happy customer". so we'll end ours with an angry goat. oh h-ho, look at the angry goat. ♪ dads are special. fun. inspiring. always there for y. so make father's day extra special with gifts he'll love from weathertech. floorliners... cargo liner... seat protector... sunshade... ready-to-wash system and cupfone. or our newest product, the golf cart mat.
5:51 pm
order these american made gifts or a gift card at weathertech.com have a very happy father's day. if we want a more viable future for our kids, we need to find more sustainable ways of doing things. america's plastic makers are investing billions of dollars in new technologies and creating plastic products that are more recyclable. durable. and dependable. our goal is a cleaner, healthier planet for generations to come. for a better tomorrow, we're focused on making plastics better today. ♪ pets are raw. raw curiosity. raw love. raw energy. no dog ever thought, “what if someone sees me like this?” no cat ever asked permission before taking up residence on your keyboard. raw is all pets are, and raw is all they need. raw attention. raw affection.
5:52 pm
5:53 pm
with the best price for two lines of unlimited. only 30 bucks a line per month. that's hundreds in savings a year when you wave bye to the other guys. no wonder xfinity mobile is one of the fastest growing mobile services. you really shouldn't walk out the front door without it. switch today at xfinitymobile.com.
5:54 pm
tonight four children rescued from a colombian jungle are recovering in the hospital. the incredible story of survival captured attention around the world. their father and step father calls their survival a miracle telling cnn they are alive due to their own efforts and, quote, spiritual nourishment. >> reporter: we found the children, the rescuer says. all four siblings alive. the youngest an infant. it was the cries of the baby girl who turned 1-year-old in the jungle that made the incredible rescue possible. all four indigenous children, leslie and her siblings rescued after a search by more than 150 soldiers and dozens of volunteers. after the small plane they were flying in with their mother crashed. their mother, the pilot, and
5:55 pm
another adult killed, the children the only survivors. the father of the two younger children who is the step father of the two older ones overjoyed. >> translator: the story is like a legend for us, indigenous story is. for example, that the sun is a god and you can say you have seen it. but this is not a story. this truly happened. >> reporter: rescuers working in the effort called operation hope searched feverishly saying they now realize they came within 200 feet of finding them much earlier in the search. this is the children's grandfather talking about 13-year-old leslie. >> translator: when she looked and saw that her mother was dead she saw the feet of her youngest sister where the three dead were and pulled her out. she immediately saw her other two siblings hurt so she opened her mother's bag, took out clothes, ripped them, and wrapped them. >> reporter: the grandfather says leslie did not know where she was going but started leaving clues such as a baby
5:56 pm
bottle and baby shoes at the places they would sleep. in the jungle rescuers found fruit and a type of flour that had been on the plane. the food ran out and the family says the children started eating seeds. rescuers blard a message from the grandmother of the children from a loud speaker. pleading to the children to stay in one place. and then after all that, baby kristin's cries were heard. >> translator: the children, the eldest girl was carrying the little girl and holding the second eldest girl's hand. they ran to hug me. after hugging them, giving them human warmth, we approached the boy, who was laying down. he stood up and very consciously said, my mother died. we instantly changed the narrative into a sweet one. but your grandmother is looking for you. your dad and your uncle are here. >> reporter: authorities are still looking for one of their rescue dogs, a belgian shepherd
5:57 pm
named wilson who found the children earlier but has since gone missing in the jungle. the oldest sibling leslie drew this picture of wilson. she, her two sisters, and her brother were all flown to the capital city of bogota where they are in the hospital with authorities saying they are out of danger. >> translator: they were on their own. they, themselves, are an example of survival that will go down in history. today those children are the children of peace and the children of colombia. >> reporter: gary tuchman, cnn new york. >> wow. just simply wow. thank you. the news continues. cnn primetime with kaitlan collins is next after a quick break.
5:58 pm
♪ tourists tourists that turn into scientists. tourist taking photos that are analyzed by ai. so researchers can help life underwater flourish. ♪ hey bud. wow. what's all this? hawaii was too expensive so i brought it here. you know with priceline you could actually take that trip for less than all this. i made a horrible mistake. ♪ go to your happy price ♪ ♪ priceline ♪ 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.
5:59 pm
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. (vo) consumer reports evaluates vehicles for car shoppers in... reliability, safety, owner satisfaction, and road-test evaluations... and the results are in.
6:00 pm
subaru is the twenty twenty-three best mainstream automotive brand, according to consumer reports. and subaru has seven consumer reports recommended models. solterra, forester, outback, crosstrek, ascent, impreza, and legacy. it's easy to love a brand you can trust. it's easy to love a subaru. my little family is me, aria, and jade. just the three of us girls. i never thought twice about feeding her kibble. but about two years ago, i realized she was overweight. she was always out of breath. that's when i decided to introduce the farmer's dog to her diet. it's just so fresh that she literally gets bubbles in her mouth. now she's a lot more active, she's able to join us on our adventures. and we're all able to do things as a family. ♪ get started at betterforthem.com if you wake up thinking about the market and want to make the right moves fast... get decision tech from fidelity. [ cellphone vibrates ]
100 Views
IN COLLECTIONS
CNN (San Francisco) Television Archive Television Archive News Search Service The Chin Grimes TV News ArchiveUploaded by TV Archive on