announcing officialsly in 2018, she no longer supported the death penalty. >> i don't want to not grow. i don't want to not learn, and the world changes and views change. >> by the time feinstein was electriced to a fifth full term in 2018, she was the older sitting senator. in 2023, she announced she would not be running for reelection. later that year, health problems kept her off the job for three months, holding up approval of several judicial nominees. some democrats called for her to resign, but she kept going. dianne feinstein often led the way for men and women on the hill, with dedication to public service and uncommon resilience. >> life is filled with defeat. you pick yourself up and you go on. our deepest condolences to

senator feinstein's family. may she rest in peace, and may her memory be a blessing. erin burnett outfront starts right now. up front next, mccarthy's meltdown, the house speaker's attempt for the bill goes down in flames. and one of temp's 18 codefendants in georgia's sprawling case strikes a deal with prosecutors. the big question is who is next? the state of emergency, new york city, the biggest city in the country, and water. a major river now in flood stage. and the threat tonight is far from over. let's go "outfront." good evening. mccarthy's mess. hours away from a shutdown, and

kevin mccarthy appears unable to get his party to stop it. mccarthy behind closed doors said there aren't many options left, this after his last vote filed. he was so confident he had more ideas, though he was making jokes. just listen to this exchange. >> reporter: can you tell me the planned? -- >> that was a few hours ago, joking, now it's not many options left. it's no laughing meter. a whole lot of americans living paycheck to make check won't be paid. this deadline did not just sneak up. this happens in the fiscal year at the exact same time, exact same day every single year, but he's dealing with a schism on one side, and the current ringleader is on the other. >> lying like a dead dog.

he's been reckless, unhinged, rattled and misogynist. we will have a shutdown and it's absolutely speaker mccarthy's fall. i'm concerned he seattle rattled and unhinged. >> we're trying to correct the fai failures of kevin mccarthy. >> right now matt gaetz has mccarthy where he wants him. this is more than theater. it is a window into the total chaos in the republican party right now. other republicans you are making it clear that matt gaetz is to blame if the government shuts down. >> unfortunately, a handful of people, and in particular a party of one, matt gaetz, have chosen to put his own agenda, his own personal agenda above all else. there's only one person to blame for any potential shutdown. that's matt gaetz. he's not a conservative

republican. he's a charlatan. >> that is his own party talking about matt gaetz. congress gaetz, as a congress person was elected by 0.76% of the voting age population. he is right there holding the wall for the shutdown of the party and being blamed by those. manu raji is out front on capitol hill. i just showed you there. you have been in the middle of this, and you have some breaking news now? >> i just spoke to speaker mccarthy after a closed-door meeting after his plan failed this afternoon. he made a new warnings to the senate, which is moving along bipartisan sidelines to keep the government open to mid november, but included in that is aid to ukraine.

mccarthy said the senate must drop ukraine aid. he said otherwise there could potentially be a deal, suggesting he may move oaf the spending cuts and the border security demands he's been making as well. this comes as there's growing tension within the ranks. finger pointing among members, particularly more moderate members, the 21 republicans just skullsed the speaker's plan, and warning about the blowback they could face politically if there is a shutdown. >> we're the governing majority. this is what we're supposed to do. we're supposed to lead. it's kind of hard to lead when you have a significant number of people that are on the wrong snap count when you call the play. that's where we are. >> they killed the most conservative position we could take and then called themselves

the real conservatconservatives. make that make sense. >> we should have stayed here in august. >> that was congressman voted again the plan criticizing the leadership for not being in session during the august work recess, about six weeks they were not in session. they could have dealt with the sessions z issues then. now the speaker has to assess if they'll vote to keep the government open for a couple more weeks. >> it's pretty incredible. if they succeed, until november. they haven't passed a sing the appropriation bill, and $a billion or so of debt being run up a day by the government. that's the reality of it. i was discussing how congressman gaetz has become so central to this. he's gone to democrats to try to get rid of speaker mccarthy, some sort of unholy alliance.

>> reporter: gaetz has not said when he would pull the trying other that, but that continues to hang over the speaker. democrats are in the middle of all this, erin. they're weighing whether or not to work with gaetz or work with the speaker, try to help him stay in power, but they're saying they need concessions if they're providing any support to help the republicans in the middle of their civil war. >> manu, thank you very much. now basil myle, gloria borger and joe walsh. congressman walsh, in a sense was whistling past the graveyard

to some extent. kick this can down the road for six weeks, it's an embarrassment, but when you listen to congressman gaetz, it seems like the issues with kevin mccarthy are almost personal. what is going on? >> he hates mccarthy, to put it bluntly this friday evening. matt gaetz can't stand kevin mccarthy. you combined that with the fact that matt gaetz is putting his personal agenda ahead here. matt gaetz is already trying to run for governor of florida. this is about promoting the gaetz brand. very few house republicans really respect mccarthy. they always have had a hard time believing that you can trust his word. they know he wants to be speaker more than anything. gaetz just verbalizes that better than anybody else. and they've been making life miserable for him ever since. >> when it comes to the shutdown itself, basel, a new poll says

republicans would be blamed more than anybody else. if you add up president biden and the democrats together, that is the majority. >> partly because it's a chaotic time, and it's difficult to draw lines of causality. uaw is on strike, student loans are coming due, and by the way, we may have a government shutdown. in new york itself, 330,000 children may lose snap benefits and lose access to programs like headstart. tremendous amount of anxiety, and somebody has to be d. what i would say is vice president are doing a good job -- >> the american people are out blaming a lot -- whole other host of characters. >> i think democrats could lean

on that. michael lawler also said they're stuck stuck on. >> so they used words against republicans to lay out that blame. >> when i say whistling past the graveyard, if you look at the big picture here, anybody who cares about spending, but either party is a liar. all they all do is spend and that's the underlying issue. we're going to kick it down the r road. >> that's the definition of insanity. it wouldn't go anywhere in the senate. they know that. so what you see here is on the republicans side, and if you ask me, i think the democrats in the

house are kind of in the driver's seat right now. they'll have to provide the votes, or if matt gaetz gets his wish and they try to vacate the chair, what do democrats do? they're not going to be going along for nothing. they're going to ask for all kinds of things, concessions, power sharing. right now they're holding back so you can't blame the public. >> on the other hand, don't ever get in the way of a boulder when you see it running downhill. [ laughter ] >> so, congressman, i want to ask you about another development here tonight.

that's presidential hopeful robert f. ken, nedy, jr. there's speculation, congressman he will be announcing a third-party bid. that would be possibly very significant. if he goes through the primary process as a democrat, the law is you can't then fail and launch a third party. if you get out early, you can challenge. this makes him a real challenger perhaps in a way he wouldn't have been able to do. john king talking to voter in iowa, republicans like him. maga republicans like him. who does he hurt more, congressman? >> that's a great point. first off, what a narcissistic self-centered ass for even thinking about doing this. he's a democrat, just running as an independent, generally would help donald trump.

what makes this complicated, erin, he's a conspiracyist. democrats don't like him. the people who like him are trump supporters. conspiracy theorists and the like. the dahl i have seen is he would hurt both candidates pretty equally. >> pretty equally, except, basel, at one point he was polls 9%, but that's in the democratic primary among likely democratic voters. if that's true, and you peel away any fraction of that 9%, that would give it to trump. >> yeah. well, i think any third-party candidate, no matter who it is is a problem for democratic candidates. in this case i think had hurts them more. i would say that there's probably able to do more damage to democrats, but the conspiracy

theoriest part is actually really important . we're seeing a lot of democrats want nothing to do with. >> what do you think, gloria? >> first, i think it's a hard thing to accomplish the i think there's some truth that a former desantis fund-raiser has had a fund-raiser for him within the

republican part i think it -- it may hurt biden more just because of the kennedy name. some democrats don't like joe biden, maybe they see a kennedy on the ballot and they go, okay. you just can't predict that. it's a long way to go from here to there. well, thank you all very much. next, the first of trump's 18 co-defendants flips, tonight pleading guilty after striking a deal with prosecutors. are sydney powell and kenneth chesebro possibly next? plus incredible scenes out of new york. a 3407b9 aworth of rain in one day. and breakthrough, an arrest in the murder of the rapper

tupac shakur, 27 years after he was killed in las vegas. he gsdsed pennsylvania.

new tonight, the first trump codefendant in the fulling county election interference call makes a deal. scott hall pleading guilty to five counts. hall was accused of conspiring to commit election fraud in the connection of the breach of voting systems. he was captured on surveillance video the same day of the

breach. as part of the deal, he's agreed to testify in future proceedings in the case. this is very significant. it's the first. the question is, is it the first of many? we're learning that plea keeled could soon be offered. if sydney powell or ken chesebro did the same, it could be significant. cai caitlyn, what could the plea offers -- >> it's never a good thing when your co-defendants decide to plead guilty and pledge to testify if called, just like scott hall did today in fulton county, georgia. what it means when you step back and look at a case like this, it means they get more witnesses, and if other take plea deals,

they also may be willing to testify, and they may be people inside understanding what was happening in the trump campaign, other circles around donald trump after the election, and, you know, this would be substantial not just for the trial of donald trump and the others that is going to be at a later date. it also is very likely that scott hall could be called -- or will be lined up as a witness in the pending trial at the end of october against sydney powell and ken chesebro. they'll have to make decisions, too, do they want to go to trial? there will be plenty of plea offers, and it's likely all of these people will have connective tissue, with not just what they're admitting to publicly.

erin? con katelny, thank you very much. now, governor christie, you are a former prosecutor. the first codefendant makes a deal with the prosecutor. we have sydney powell and ken chesebro, those trials are supposedly about to begin. what happens here? >> i think this is just the beginning. one of the decisions you make as a prosecutor, when you have such a big case, 19 different individuals being charged in the same matter, is you are convinced, going into that, that a majority of those will plead. if you weren't, you would break it up into smaller cases. so, i think what the d.a. probably was convinced of is she would get a numb are of pleas out this, and the number of people indicted puts pressure as

well. when you add to it, the facts of the case, the number of co-defendants, and the amount of legal fees, and the pressure the d.a. will put on them, i think this is the first of probably at least half, my guess, of those people will plead. >> how damning could it potentially be? obviously it depends sort of who they are, but how damning could it be? >> it depends on who they are, but look, if he gets some folks providing legal representation and advice to him to become cooperating in a plea deal against him, that's a big problem for him, because those folks will have admitted to have committed a crime themselves. they'll be talking about the elements of the crime and donald trump's involvement in it in the courtroom under oath. you know, erin, i think it could be a real problem for the former

president, but that's going to be based on exactly who it is. you're right, this guy today, i doubt he had any direct or any involvement at all with donald trump. as we move to different co-defendants here, mark meadows, you mentioned sydney powell, ken chesebro, and there are others that should have intimate knowledge of what went on, and very intimate knowledge of what the president's involvement was. >> so you're obviously in new hampshire tonight, coming from california where you were for the last debate. donald trump is calling on the rnc to do away with all future debates. he writes in part, i'm up 56 points. the debate would seem a complete waste of time. they should be ended. bad for the republican parties. i now he don't agree, but the math, of course, the reality is all of you collectively in

california are polls at less nationally that donald trump is alone. does he have a point? >> no, he has no point. first off, erin, look, i know everybody out there, all the media organizations pay for these national polls. they have a monumental waste of time and money. we don't have a national primary. if you look at his numbers in new hampshire and his numbers in iowa, and new hampshire he's consistently under 40%. he's been in the low 30s to the high 30s. in iowa, he's been in the high 30s to low 40s. that means in both of those two early, important states, more republican voters want another choice. he wants to end these things for purely selfish reasons. he doesn't want to give exposure to the candidates that are challenging him. on the stage wednesday night, i was one of the order people who

challenged him directly. ron desantis kind of sideswiped him once, no one else goes near him. if you want to beat him, you have to go beat hem. >> he's ducking these die bates. it's wrong. it's disrespectful. from talking to the folks at the rnc after the last debate, we were talking about the next one in miami. i thought they'll just ignore what is obviously self-serving bad advice from donald trump. >> so, you make a fair point ab national polls. you brought up new hampshire. the governor sununu wants trump to lose, he's been very clear, but he says ron desantis and nikki haley have the best chance to beat donald trump. here is governor sununu.

>> right now it would be desantis and nikki haley. chris christie is doing well. i think the program with christie, even if he does well in new hampshire, how does he get from here to there with a victory. >> so, what do you say to him? >> we do have an operation in south carolina. he's the governor of new hampshire, so i don't expect him to be aware of that. i'm doing very well in new hampshire also. all the polls basically have me, desantis and hallie within a margin of error of each other. so, it's a battle up there, and i believe that we're going to be able to pull that together, and we'll be able to go against donald trump in new hampshire

and beat him. you know, i have regular conferences with governor sununu. he's been very encouraging, as he was in that clip. he said exactly what's accurate, me, haley and desantis are the only ones policying anywhere near a competitive level. i'm going to be going out and doing a town hall here tonight. >> governor, thank you very much. i appreciate your time tonight. >> erin, thanks for having me on. have a good weekend. next, new york city under water. rescuers scrambling to save families, even an airport flooded. plus, after 27 years, police anowen an arrest.

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it's happening. get started for $59.99 a month for 12 months. plus, ask how to get an $800 prepaid card with a qualifying internet bundle. comcast business, powering possibilities. largest city is under water as life-threatening torrential rains is flooding roads and basements. 20 million people under a flood watch. people are urged to stay indoors. hundreds of scenes just like this one all across the city today subways, railways, trainings completely shut down. nobody expected this. i mean, they were told there was going to be rain, but the reality is the system was not

prepared for this at all. watch how the water just floods into laguardia. just likes at this, cars in the area completely submerged. there's no end in sight right now. polo sandoval has been following all of this. look at that rushing water. the most rain ever in a single day in new york? incredible scenes. >> reporter: truly incredible, erin, there was a maw break in the clouds for just a few moments, but yet again that was officials are warning people that it's still not over. what is remarkable, is all of this water has rushing out of brooklyn's prospect park here as some folks go see the situation

firsthand. this water has not stopped. it paralyzed so many aspects of america's largest city today. chaos in new york city, as heavy rain pounded the five boroughs, and more is yet to come. brooklyn saw a month's worth in only three hours. >> unbelievable. i've never seen this situation happen. this is crazy. i don't know how they're going to get the water out. >> reporter: knee-deep flooded streets, forcing some residents to abandon their cars, others to make makeshift barriers. at least ten lines were suspended, and buses taking on water while in service. as they tried to weight through the floods.

laguardia's terminal a was flooded. mayor adams declared a state of emergency. >> this is a time for extreme caution. if you're at home, stay home. if you are at work or school, shelter in place for now. >> reporter: the mayor facing criticism for taking so long to declare a state of emergency and address the public. >> this administration operates at a team. i want my commissioners, my deputy commissioners, the leaders of this team, who are closest to the ground to communicate. we have good team leader that are competent, that understand the subject matter. they know how to lead. the leadership is not only the mayor. it is all of those who are placed in those positions. that that's what you saw.

>> reporter: according to "new york times," adams attended a fund-raiser to celebrate his birthday. he did not declare a state of emergency just before the press conference. hours after the deluge of rain had begun. officials say it marked the wettest day on record since hurricane ida two years ago, and warned it's not over yet. >> our priority is in the immediate aftermath of this first wave, and it could come back again. >> reporter: tonight new york city officials say they have no reports of any injuries or deaths, erin, though they did have to carry out many rescues during the early stages of the storm today. >> polo, thank you very much. chad myers is tracking the storm and joins me now. chad, it's incredible the amount of rain and also, though, as a new yorker, people neu rain was

coming. nobody expected like anything we got. the system was not ready for it. you have a whole river flooding. tell us where we're going to see all this additional flooding. >> really now we're out in suffolk county, eastern long island. the rain for new york city is over, but boy, the pictures we are looking at was unbelievable. it was the rate of rain that did it. if you put that down in three hours, all of a sudden that doesn't go well. hour after hour of rainfall still coming down here. now the red box is out onto long island. yes, there are some hours around new york city, but really more like drizzle. the big constitution is out

heh big spot is out there. and as just mentioned jfk broke it's all-time record, 7.92 inches since midnight. it just got updated, 7.97. no place in america, in the world can handle that much rain that quickly. brooklyn checking in at over seven inches since midnight last night. >> just unbelievable to watch it happen. and the unexpected nature of it, in terms of the magnitude would have struck anybody nnch area. thank you, chad. and a striking arrest. a film maker who knows this case inside and out, who was instrumental in helping police track down the prime suspect is my guest.

he stepped on a landmine. his injuries were traumatic. we have his dramatic return to the battlefield.

state media reporting wagner

is already working with the defense ministry, which prigozhin was loathe to do. some of this next report may be disturbing. >> reporter: it was a race against time after he stepped on a land does that mine while on a mission behind enemy lines. >> translator: the mine blew me up. my brothers carried me for 6 1/2 kilometers. they gave me first aid and carried me. >> reporter: they saved his life, but the injuries where are catastrophic. >> translator: one leg was blow away, the other maining, all broken. >> reporter: he's hiding his face for safety reasons, but he story is remarkable. after the incident, he recovered, traveled all the ways to mexico to get an artificial

limb, learned to walk again, now back on the battlefield. >> translator: i can't sit at home and watch what's happening. every man has to stand up and defend his home. i have to the it, and i'm good at it. >> reporter: he's contributing in the south. he's right on the front lines. >> translator: i'm in charger antitank squads. the platoon commander and i choose the right positions, targets and plan the operations. >> reporter: russian minefield and artillery are causing a love the casualties on the ukrainian side. while kyiv won't disclose exact number, they acknowledge the going is tough. combat gave us this video showing the trauma they deal with every day. medic vlad tells me sometimes

they simply can't save that i com comrade's limits or even their lives, because the wounds are too severe. >> translator: we had ten cases where there was no chance to save them. compared to the number of people in the brigade, it's not much, but it is a terrible sacrifice. >> reporter: a sacrifice that changed his life. >> translator: we don't have a choice. we can't lose this war. we are defending our home. it's victory or death for us. >> reporter: it's either victory or death. one of the things we have to point out is we are seek increasing number of ukrainian troops with missing limbs returns back to the bale. they said whether or not the u.s. keeps giving weapons, they

have have to keep fighting, because they simply have no other choice. next, the arrest in the murder of tupac shakur. the filmmaker who crackhelped c the case is with us. and the memory of dianne feinstein.

tonight, a break through. las vegas police arresting a suspect in connection with the murder of rapper tupac shakur in. charged by a grand jury. it is the first arrest in this case, 27 years ago this happened. he has been hiding in plain sight. his own words led police to his doorstep. >> reporter: the murder of tupac shakur, a mystery leading to endless speculation and conspiracy theories for decades since the rapper was gunned down in las vegas in 1996. he was in las vegas on september 7, 1996, for the mike tyson boxing match and was shot four times while riding in the passenger seat of a black bmw

alongside suge knight. just 25 years old, shakur died six days later. his killer or killers were never apprehended. tonight, a break through in the investigation. >> we are here today to announce the arrest of 60-year-old dwayne keith davis, aka, keithy d. for the murder of tupac shakur. >> las vegas police say davis was the leader and shot caller of the southside compton crypts, a gang closely affiliated with suge knight. it was this fight captured on surveillance video from a las vegas hotel between orlando anderson, another member of the crypts, and members of death row records that ultimately led to shakur's death. >> that's when dwayne davis began to devise a plan to obtain a firearm and retaliate against suge knight and mr. shakur. >> reporter: the plan, police say, was for davis, anderson,

and two others to ride together in a white cadillac and hunt down knight and shakur. >> as they were driving west on flamingo road, they located the black bmw, which was driven by suge knight and in the passenger seat was tupac shakur. they pulled up near the passenger side of that vehicle and immediately began shooting at mr. knight and mr. shakur. following that shooting, the white cadillac fled the area. >> reporter: davis is the only surviving suspect, police say, and ultimately it was his own words that reignited the investigation. davis describes the moment he handed anderson a gun while riding in the white cadillac, inside the biggie and tupac murders. >> i gave it to dray and dray was like, no, no, no. >> reporter: davis told a similar story during a b.e.t. interview in 2018. >> it wasn't until 2018 that

this case was reinvigorated, as additional information came to light related to this homicide. specifically, dwayne davis' own admi admissions to his involvement in this homicide investigation that he provided to numerous different media outlets. >> for family and friends of shakur, davis' arrest is bittersweet, after awaiting an agonizing 27 years for answers for the murder of the artist who impacted so many lives in the music industry. >> i miss my brother, so, you know, i'm glad something's happening. we're glad something's happening. >> reporter: now, erin, cnn is attempting to locate attorney information for davis as well as suge knight. it's important to know we learned a fascinating new detail today. a former los angeles police officer told our colleague that back in 2009 the suspect confessed to authorities but it was under this type of agreement where he could provide

information but it couldn't be used against him. authorities say it wasn't until much later when he started speaking publicly that they had what they needed. >> that is incredible too. i want to go down to mike dorsibecause he studied tupac shakur's murder extensively. in fact, mike, you directed the documentary that josh used there inside his piece, "murder rap: inside the biggie and tupac murders" that helped this case. you know this inside out. now after 27 years, there is an arrest. do they have the right guy? >> they definitely have the right guy. he's been going all over national television and youtube for the past five years telling people he was the guy in addition to the proffered statement he made in 2008 that couldn't be used against him. by his own admission, he is the correct guy. >> explain to me exactly how because there is a piece of evidence that police say is key

in closing in on davis. as you point out, it's his own words. specifically from an interview he did with b.e.t. five years ago. when you heard this interview, you heard something specific and you tipped police off. i want to play it for everyone. >> so, the shots came from the back? big dre, orlando. who shot tupac? >> it just came from the backseat, bro. >> he says, going to keep it to the code of the streets. it just came from the backseat, bro. you say that's a smoking gun. tell me why. >> well, he admits to handing the murder weapon to the shooter moments before the murder happens. and according to las vegas law, that makes him culpable for that murder. it's the same as if he pulled the trigger. so, in his proffered statement, he said specifically it was his nephew, orlando anderson, who

had been beat up that night by tupac who pulled the trigger. when he went on b.e.t., i don't think he wanted to repeat again that it was his family member who did it. but that was allegedly who pulled the trigger, his nephew. >> even after this, he kept talking. he did that statement, they spoke about earlier on jake's show. he admitted it, but it couldn't be used against him. he knew they knew. you've got to say that. he starts years later -- i don't know what accounts for the gap -- talking about it more in settings like this, where someone like this sees it and knows what's being said. he then writes a memoir. what do you think this was about? did he want to get caught or did he think he could have the fame without getting caught? >> i think the second thing is correct. i think he wanted the credit and i think he wanted to word it carefully enough that he could maybe avoid being arrested. i think that murder rap came out in 2015. that's telling his story. he's not getting to tell the story. then unsolved comes out, which is a scripted version of that.

again, other people are telling the story. he's not telling it. i think he decided, i want to tell my story. everybody else is telling it. then when nothing happened after the b.e.t. series in 2018, i think maybe he felt a false sense of security, like, oh, i guess they don't care. i guess i was careful enough with the way i worded it that they can't come after me. so, he started doing more and more interviews on youtube. and eventually, you tell people you committed a murder enough times, eventually you're going to be arrested for it. >> it's incredible how many tot times it took on a certain level. they've actually known for ten of those years or 15 of them. thank you very much. i really appreciate it, mike. >> absolutely, thank you. next, senator dianne feinstein dead at the age of 90, the longest serving female senator in american history. remembered tonight bipartisan by republicans and democrats.

tonight, democrats and republicans together paying tribute to senator dianne feinstein. >> we lost a giant in the senate. senator dianne feinstein was one of the most amazing people who ever graced the senate, who ever graced the country. >> and