now -- >> they have never vehicstruck s change. >> just figured i was lucky. >> have you ever been lucky? >> no. "the crowded room stops the trending list. and number two -- >> we should make a podcast. >> bring him in on what? >>podcast. this will change our lives. and number three. happy images is the ewing arrest and we're all high on it. they were just tdeceiving us. >> shiny happy people. and thanks for joining me. "cnn this morning" starts right now.

just like that, it is 6:00 a.m. on the east coast. hope that you are having a good morning and glad that you are with us. i'm here with erica hill. >> yeah, and you're in poppy red. >> and a lot to talk about. we'll be joaned by elie honig and errol lewis to break down the biggest stories of the day. weighing post reports that kud rejected efforts by his lawyers to cut a deal. he was not interested in negotiations to avoid his second arrest in just ten weeks. and manhattan district attorney expected to formally announce the indictment of daniel penny in a matter of hours. he is character oged withholdin home last man in a chokehold. and the mayor of miami

officially filing his 2024 paperwork. and will we finally see the fees that we buy a concert ticket? president biden is expected to deliver on his promise today. and from driving ubers to golf balls, barry henson is set for a first major appearance today after qualifying for the u.s. open. he taxied 3,000 riders around earning a 4.99 rating. and today he will tee off at the los angeles country club. love that story. "cnn this morning" starts right now. we begin with striking reporting from the "washington post." apparently former president's lawyer, one of them, chris kise, wanted to strike a deal with the

justice department to try to avoid charges, to try to avoid getting to this point in the classified documents case. the post reports that the former president refused and now he is in a legal fight of his political life facing potential prison time if convicted. the "post" found that chris kise wanted to quietly reach out to the justice department and negotiate a settlement, is this of course after the mar-a-lago was searched. kise wanted to take down the temperature and try to make a promise that trump would return all the document. >> but the former president wasn't interested. but they say that this was not an opportunity to prevent indictment. michael cohen weighed in last night. >> donald's position is never to settle ever. he thinks it is a sign of

weakness. about he doesn't have anybody around him to guide him. he is like a child that just keeps sticking their finger into an electric sockets and then you keep saying don't do it, don't to it, but nevertheless he will do it anyway because in his mind he knows better. >> we are also hearing from merrick garland. sara murray is joining us now. so garland is defending perhaps not surprisingly the special counsel here jack smith. >> yeah, not surprising to hear 34 merrick garland defending him. but the justice department has made very clear that this is jack smith's case. that there are regulations that are guiding this, he is still accountable to the attorney general. but the attorney general now that joe biden is a candidate

for president, he wants to take himself out of this and leave the decisions to jack smith. and here is what merrick garland had to say. >> >> as i said when i appointed jack smith, i did so because it underscores the justice department's commitments to both independence and account ability. mr. smith is a veteran career prosecutor. he has assembled a group of experienced and talented prosecutors. and agents. >> and he said they are ensuring that there are no abilities of violence. and we saw in the run upto miami a lot of concern that there could have been some kind of unrest outside of the courthouse. it didn't materialize other than

the one gentleman who mads run for the motorcade. >> jim jordan has been threatening to subpoena jack smith. do you think that it will happen? >> i think that jim jordan could certainly go that route. we have seen him be very aggressive with his subpoena power to date. so i don't think knowsly know that he would hiz at a time. but i don't know that would it get him very far. jack smith is in the middle of an investigation and the justice department has very clear guidelines that they won't share information about ongoing oig criminal investigations. that is the case with classified documents and january 6. and so they are trying to make a their case through the court filings.

so i don't think that jim jordan could get what he is pursuing anytime soon. and let's bring in el elie a and. given your experience as federal prosecutor, would doj have agreed to something like that? because this is reporting that chris kise wanted to commit the president do it. it doesn't mean that the justice department would say yes. and would it have to include admission of wrongdoing some. >> i think the timing is crucial. had it been done early enough in the process, clearly doj would have been fine. this is well before the search. we know actually doj would have been fine with a non-criminal resolution where you don't even have to take a guilty plea because nothing is charged in here up until the point of the subpoena.

the 15 boxes that were turned over, none are charged in this indictment. so i do think if a good lawyer had gotten nten to donald trumy and said look, he has these document, we'll deal with it, we'll show you all of them, take what you need, i think we would have avoided this in-kimt. but when you get to last summer with the is and search warrant, i think that the doj would have appreciated an approach but not sure that they would have accepted it. >> no surprising that donald trump would not want to go that route. >> that is not his style. it started in his commercial-and

he has carried it over into his political life. he does not settle. and i think that we might see motive behind all of this stuff. people are asking why doesn't he just give the documents back. it is clear the walls were closing in. he had the documents. he knew he had the documents. why not just give tell back. and on another network he talked about the nixon era saying that nixon got $18 million for his papers. this is before the modern regime and before presidential roecord act. so i think that he was refusing to settle as just kind of treating it like one more deal. i'm hang on longer than anyone thinks, i'll exacerbate everybody and then item pull a

number on the table. >> just so many off-ramps to avoid the indictment. you can almost graph them out. >> this this probe, is this the end of jack smith's? charges or not. because i thought the piece in the atlantic buyer twy two folko interesting. because they say, well, this indictment doesn't include dissemination of the information which is what is alleged that he did at bedminster with that classified document about iran, either. do you think that jack smith would have put it all together or is more to come? i guess you would have to convene the -->> i think it is an interesting anxious smart hypothesis. i see a couple of reasons that make these doubt that it is

actually true. we don't know. number one, it is not entirely clear that donald trump did possess classified documents in bedminster. yes, he is talking about that, sort of referring, rustling papers -- >> we haven't seen it. >> and even dog hj haptssn't se document. so there is no way to charge dissemination. but it is good practice, fair practice, bring your charges when you have them. we don't mplay games. >> and wouldn't that make it even worse as much as merrick garland saying this shows our independence and our commitment to account ability, but reality is this is being seen as politicized. whether it has been or not. and if you wait and then bring another charge in new jersey,

that won't sit well. >> and jack smith has a whole ton of january 6 work to done. he has other set of facts and witnesses and information that he will have to churn through. i don't think that he will like hold one back and, you know, think about a change of venue and -- you know, that would assume -- i don't know what the author's motives were. interesting speculation. but if the idea is that this is like cap incontinue ahab going after moby dick, we'll do whatever it takes to bring down touchdown, then you might get something along though lines. >> one argument is that you might have a more favorable jury pool to a conviction. >> i don't know, those jersey folks are unpredictable. and grand jury has indicted the marine veteran who held a

homeless man in a choke hold n the subway. and a group of men in their 60s with alleged ties in the mob. now accused of a jewelry heist right here in new york city. the details of how it all unfolded. >> by the way 60 is not old.

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grand jury indicted a marine veteran who put a home rest man less man and died. he is being accused of killing jordan kneelly. they say daniel penny put him in the chokehold. he said he felt that he was threatened. and ellie hie lie hanything is us. errol lewis also with us. and we'll get to the charges in a moochlts. b moment. but this show as failure on so many levels to treat and help jordan feely. >> he had been in and out of the

system. net had big holes in it. but it he was on a list of the top 50 people in the city of 8 million, these 50 people have serious multiple problems. and we have to -- >> need our help. >> right, we have to help them. but somehow it didn't happen. and so now there is that story. and then laid on top of it is this story about is the city so disorderly, is crime running out of control to the point that you have vigilantes and so forth. the skid kid clearly deserved b. but now a compounded tragedy. and now daniel penny is either a hero or a political victim. it is really -- it kind of compounds the tragedy in a lot of ways.

>> how much does that conversation that is being had and the clear camps that have strung up not onew york but beyond. >> and it will dokochlly indica the jury pool. they may even take the subway to the courthouse that day. legally this is really tricky. i have no idea how this one will come out because there are two issues. one is did mr. penny act in self-defense of position or another. you have to perceive that the person poses a threats to the other person or your own life or limb. >> he didn't have a weapon. didn't punch anyone. >> and that is why the testimony from the bystanders, what was he doing. and the second part is the manslaughter charge.

they have to prove that penny acted recklessly. so did others say anything. it will be a different trial for all involved. and we'll set that aside for a minute. another story, this one feels a little bit more like a hollywood move injury. prosecutors are charges four men in their 60s in two brazen jewel heists also happening in new york city. so the robberies amount to about $2 million worth of jewelry. and "new york times" say that they have mob times and criminal histories. suspects are accused of dressing up as crusheonstruction workers blend in. and you see them waving a gun.

andwearing a hard hat. and you see that they are robbing at gunpoint and ran off with the jewelry. among the stolen jewels, a 73 carat diamond necklace. hard to hide. so a lot of the discussion is sort of about the age and that this was still happening. and you made some interesting points about how things work with the alleged mob. >> so the reporter on this piece called me because he knew i used to be a mob prosecutor and send how have they gotten so old. and i said they have always been old. here is why. first of all, no retirement for the mob. there is no mob pension plan. >> no 401(k). >> no, they are still in prison and counted as members of the mob. and there is no such thing as a

mob prodigy. you can't get made in the mob until youngest i ever saw was maybe 45, 50 -- there are a couple sons of powerful mobsters, but other than that, you have to be 45 or 50. and i did a case, first mob case i was ever on where 20 or so members of one family where the average age was 70, 75 years old. this is the coverage from the new york daily news. they had fun with it. senior moment. and it says old fellas. of course they have to make the fun. and the scene that the arraignment and the booking was that you can see on the right there is the horse carrying a c cane. mid-80s at the time. and so these guys do not age out

of the mafia. it true is it until death. >> and i love these stories. in contrast to sort of of the hollywood romantic version of the mob that you see with the first two godfathers, no, it is really a pretty crummy life. you are dealing with people who are not honest, who are not bright, who are telling you to do all kinds of things that will get you in a lot of troubling. and what is it is at the end? you don't retire on some beach surrounded by models.s it is at? you don't retire on some beach surrounded by models. it is at ? you don't retire on some beach surrounded by models.it is at t? you don't retire on some beach surrounded by models.t is at th? you don't retire on some beach surrounded by models. is at the? you don't retire on some beach surrounded by models.is at the ? you don't retire on some beach surrounded by models. you are just trying to pull off a two bit heist in the middle of midtown hoping that you can run out with a 73 carat piece of jewelry.

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to learn more visit treatted.com that's treatt-e-d.com. a new report finds that young people are dying at rates that we haven't seen in decades. this is such a problem. >> and if you look at homicides and suicides, cdc looked at data for kids at 10 to 24. and trends bear out what we've been seeing.

homicides rates are now the highest since 1997. for you suicides, highest since 1968. and the numbers have come together. and homicides took a big jump during the pandemic. and that is what we saw more broadly. up more than 30% the rate. for suicides, we really saw an increase over the last decade. so this is something that mental health experts are concerned about. >> and also as we see the numbers, so the question is how do we do something. is there a way to stop this, to bring the numbers down? >> yeah, there are kind of two different issues. when you look at the suicide rates, there is a huge focus on children's mental health. the american medical association came out and said that it is a

top priority to increasing access to care. in terms ofof homicides, there e a lot of gun homicides. particularly for young black boys, that is what they see the majority of -- >> number one killer of children in america now. >> and so these issues are being focused on. >> and nearly one in five childhood deaths in 2021 had to do with firearms. and we've talked so much about gun deaths, about gun violence. the american medical association back in 016 declared it a public health emergency. any doctor will talk to you about why this is such urgent issue. and yet there is not only very little action, but not as much discussion i think a lot of

people would argue thoughtful discussion. do you think these numbers could change any of that? >> the numbers themselves won't. but politics will. i mean, political movement will. and i don't mean what we do at the ballot box although that is important. but i talked with chris murphy from connecticut who of course has a lot to say about this because sandy hook happened in his district. and he pointed out to me that it is a real mistake for us in the media or anybody else to get too pessimistic about this, that you have -- you have all kinds of grass roots activity that is out there that would have been unthinkable even just a generation ago. i get emails him every day. you think about the kids who organized out of parkland and the fact that they have stayed active politically. and so i think this is a case where i think as with many

social movements, change happens gradually. and so that includes taking the tools that i'm convinced contribute to a lot of suicides and a lot of the violence. you take your tiktoks and your social media. you can turn those tools around and start to propagate other sorts of messages about what is necessary about who did what, about what politicians either need to be challenged or replaced or informed. or maybe we just weights ublg they leave. but i think that we have to put as much energy as possible behind pushing back against this. this is a period where people can find something to do. >> and if you or someone you know or love is struggling, you can text 988 for help.

they are available 24 hours a day. and buying concert tickets will get a little less frustrating. we'll have detail on the big announcement today about all those fees and transparency. next. plus this -- >> how many russians have you killed in this war? >> soldiers fighting in bakhmut claim that their special operation is demoralizing russian troops.

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yirks . we have to get inflation to 2% and we don't see that yet. >> for the first time in 15 months, the federal reserve decided not to hike interest rates. the central bank has been relent

last raising them. thous now the powell pause. he did signal that 24there woul be more hikes to come later in the year. >> you could call it a rate rest. there are options. >> and i think that that is what the market is looking at. >> and i think that we've entered a new phase. the fed aggressively raising interest rates and now paused. but the fed chief was clear, there will probably be more rate hikes ahead. inflation has not come down at the levels that they want to. and you don't have 2% krmpt cpi. some of the core numbers that he is looking at are still a little higher.cpi.

some of the core numbers that he is looking at are still a little higher. so he's worried that parts of the inflation story are sticky and will be harder to root out. so a pause after ten rate hikes. what it means for consumers is credit card rates probably won't rise. mortgage rates maybe stablized. and all the raids on the federal funds rate, they will probably rise tlarlater this year. >> so as folks take a breath, we also wanted to look at this. we're expecting the white house will announce that two major ticketing companies will now start showing you the fees that you pay up front. what does this actually do for me? does it get me more angry? >> if it is up front, it means before you purchase, you know how much it will cost. so this is live nation and

ticketmaster will allow consumers to seat fees up front. this is part of an effort to feel that people are nickled and dimed and doing what they ckcano put pressure on the industries. they want more clarity. fees for sitting together on flights which drives all of us parents crazy. and he will termination fees. those are huge. and some fees that you might not know about until you've clicked buy. and so just being a noolging that people feel nickled and dimed. >> and so we definitely didn't like to be ripped off.

people say why not just pass a law that gets rid of these fees? it started with ticketmaster. you buy tickets and it is more and more now. like i ordered pickup. i was going to get it from a restaurant near me the other day and there was a convenience fee. i'm coming to you to get it, but -- as understand, we're seeing this spread i think more and more places are saying if we can pass costs on to consumers, charge two bucks on a convenience fee. so good for the white house for at least taking this step towards transparency and for letting us know. >> and interesting whether consumers pick up on that if they are frustrated by being more vocal. >> and maybe customers have to start cutting some of the fees. >> or at least tell us. >> the ideal world.

a whistleblower who leaked thousands of pages of research is out with a new memoir. and he will be here with us live to talk about what life has been like not only since speaking out about also social media. why is it so dangerous. and barry henson finally getting his big break, he will tee off in los angeles at the u.s. open after ranking 444th in the world. he has been shuttling people around in uber while pursuing his passion for golf. >> i've got 3,000 rides and almost 4.9 at a driver. i take pride in that. i like to play games with my passengers when they come in, i usually let them ask me questions to find out what i really do and i can only answer yes or no and that turns out to be fun youbecause they go down

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he saw facebook repeatedly encounter conflicts between its own profit and our safety. they consistently resolved the conflicts in favor of the profits. the result is more division, more harm, more lies, more threats and more combat. in interest cases this dangerous online talk has led to actual violence that harms and even kills people. >> and that is the former facebook employee turned

whistleblower. she testified before congress in 2021 shortly after thousands of pages of internal documents were released which showed the company new that they were spreading hate and violation. and they have been hit with lawsuits. and now she is staring more of her story in the power of one. and she is joining us now. we doid reach out to meta and they declined to comment. nice to have you with us. and such an interesting read and i think insight into how you came to the decision. why you felt it was so important

important. do you think that public opinion has shifted? >> and so there have been very few general surgeon advisories. like cigarettes cause cancer. breastfeeding is good for kids. what we say duh. but this is like a period of at the end of the sentence. and we see some kind of big change. so at least when it comes to i had cansmental health, i'm opt mits ta optimistic that we'll see something about. >> and you say that things happen slowly. looking at the surgeon jen, it

is important but they don't have enforcement power. so the question isjen, it is important but they don't have enforcement power. so the question is, do you believe that they will enforce the changes some. >> and there is some finite number of kids that we're willing to tolerate being harmed. we put 8-year-olds in car seats because it saves like 60 kids a year. but with gun, many more kids are being harmed. i think that we're getting close to a tipping point where we're not willing to toll late that harm. >> you know if a child dies in a car who wasn't in a car seat, it is harder to measure did my child commit suicide because of being bullied on social media. so that makes it, what, more difficult? >> 100%. that is why things have gone as bad as they have.

i try to explain why facebook is more -- like imagine you and i sat down together for three weeks. and you could learn a programming that we could ask basic account ability questions about the role. we want to do the same thing for facebook. this is like basic questions. and say that we had to recruit 2 20,000 people. >> so harder to break through the role. 20,000 people. >> so harder to break through the role. >> anything changed? >> a big thin did change last year. which is that europe passed something called the digital

services act. and it says hey, if you know there is a danger, you have to tell us because only you knee know. and if we ask a question, you have to answer it. sound so is basic.and if we ask have to answer it. sound so is basic. so we'll be able to ask questions and facebook will know that we're watching. >> and the review you have your book was glowing. but what makes it worth reading is the broader wisdom and absence of the self importance. >> and this is is breaking news. and they didn't like the title i was originally saying. but they say that --

>> qu >> yeah, a ai wrote the tiflgts. >> and i wanted to be like every choice matters. >> i write the pow er of one is more than the power of many. >> and like my manager was i'm disappointed in you. and he said because you weren't going to tell me you were struggling. right? like we could have solved this together if you had told me. and so that is what is happening on facebook. facebook is afraid to admit that he are struggling. and if they opened up, we could work together to solve the problems. >> congratulations on the book. great to meet you.

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closing arguments will get under way in the trial of a man accused of killing 11 at the tree of life synagogue. both sides rested their cases yesterday after weeks of

emotional testimony from 60 bits. prosecutors are calling for the death penalty for the man accused of the deadly anti-semitic attack in the history of the united states. danny freeman has been following the trial. and he is joining us now. the defense interestingly didn't call a single witness. >> reporter: that's right. and they only really cross examined a handful of prosecution witnesses. this is just the guilt phase. and the defense team has never contested that robert bowers was the one who went in that synagogue and killed 11 jewish worshippers. they are focusing more on the death penalty phase if convicted. but i want to get to the latest here from pittsburgh. we heard from prosecution witness number 60, and she survived the shooting but it her 97-year-old mother does not. and she described being filled

with being fulled with terror. and we felt they were going to die. and andrea and her mother held each other under a pew but bowes shot them. and she stayed with her mother. bowers shot them. and she stayed with her mother. an degredrea survived by essent playing dead. and this is just one of the emotional testimony we've heard. and it is not over yet. closing arguments expected to start in a few minutes. and after that, the trial goes to a jury. >> and will the jury also decide on the death penalty or is that bench decision? >> reporter: it will also be decided by the jury. they will stay on. >> appreciate your