back and once again oh, we don't need to say it. it's cool to be a republican. chuck. julie, why do you have to stand up chuck? julie, i invite you to get in on it. it is true. we're back, baby. we're back. >> baby, it's true that you guys have sex parties that we cannot compete with. we definitely are. the much more i can hear the jealousy in your voice. oh yeah. i want to go to those matt gaetz sex parties you're so right. >> it was pretty fun, right? these athletes, do you feel like athletes should get political scott, are you saying that now? now athletes? >> i think i think it's perfectly fine that when you do something amazing, like score a touchdown, that you send your signal that, hey, this is fun, and we can all have fun. and you know it's okay to show your patriotism out on the field. why not? i think dance is always appropriate. one thing i learned from maria von trapp song and dance. always about kneeling during the national anthem or before god or on that

tonight donald trump works the phone for matt gaetz inside the pressure campaign to new allegations emerge. >> plus, an olive branch erupts into a thorn bush. the host of morning joe faced backlash for visiting trump at mar a lago. legendary journalist bob woodward weighs in and diddy lodges a complaint against prosecutors as they accuse him of trying to taint the jury pool from behind bars tonight on laura coates live we know about donald trump's picks so far is that he said what he said, and he's standing by what he said, blowback be. >> look no further than matt gaetz trump's pick for attorney general. he is facing the

possibility that a house ethics report looking into allegations of sexual misconduct and illicit drug use could very well go public. and tonight, the lawyer representing two women who testified to that committee is speaking out to cnn she was invited to a party in july of 2017. >> she testified to the house that as she was walking out to the pool area, she turned to her right and she witnessed her client. i'm sorry, her friend having sex with representative gaetz and her friend at that time was 17. she testified to the house that representative gaetz did not know her friend's age at the time. they had sexual intercourse, and when he found out about her age that representative gaetz stopped having sexual intercourse with her and he only started the sexual intercourse interactions later on once she turned 18. the testimony before the house was, yes, that representative gaetz paid my client both of my clients for sexual favors throughout the summer of 2017, all the way to the beginning of

2019. >> now to be clear, gaetz denies all of this. the doj investigated him for alleged sex crimes. they never brought any charges, but the ethics committee is meeting wednesday, and we know everyone who sits on it now has access to the report. if you thought these allegations might give trump some pause, well, maybe you have not been paying attention politically counterintuitive is the name of the game. in fact, learning that trump is personally calling senators to press them to confirm gaetz who and he is said to be all in on this. and the new york times is reporting that trump is showing no sign of pulling his pick, even though he's privately admitted that gaetz may have long odds of being even confirmed. so what is the strategy? take it from longtime trump ally steve bannon, he tells the times. donald trump is a blunt force instrument applying blunt force trauma to the system. translation triage prioritize the most concerning

of the choices because you maybe can't block them all. you consider his other controversial picks maybe that makes sense. from gaetz to pete hegseth rfk jr. tulsi gabbard they all appear to have a long road ahead, but don't be a good look for republicans if they reject several of trump's nominees. now, all those picks came, of course, at a breakneck speed. but we are learning that one post in particular trump is struggling with, he has yet to decide who his treasury secretary should be and apparently it's been quite a fierce fight especially between trump transition transition co-chair howard lutnick and hedge fund manager scott bessent. one source says the jockeying between them has become so intense it could end up as, quote, a murder suicide with neither getting the position. joining me now politics reporter covering trump and national republicans for semafor. shelby talcott,

former democratic congressman joe crowley and republican strategist lance trover. good to see you all. lance, i'll begin with you. you heard from that attorney earlier tonight representing the two women that allegedly have testified before the house committee and telling erin burnett that his client witnessed gaetz having sex with her friend, who is 17 at the time he says, or she had said at the time, the age was not known to gaetz. an important point but should trump be going on a limb for this person knowing these facts as alleged? >> yeah. look, i think that this is the crux of it all. if donald trump is going to stand by his man which it appears he is going to, this is going to one place and it is going to the united states senate. but i do think we need to take a step back and look. yeah, the the biden justice department declined to pursue charges. and according to the washington post, it was because the witnesses had credibility issues. so now we're on to this house ethics thing, which, you know, i mean say what you want about it, but they're about they're going to decide on wednesday whether to break their precedent of 30 or 40 years and put out a report on

somebody who is no longer a member of congress. so if they do that in my opinion, they lack a lot of credibility going forward. joe may disagrees with me on that, but that's i think so. but now we're going to the senate where this is going to be some secret vote at a lunch for leadership. this is going to be a public vote that they're going to have to take. and so if the senators want to tell the guy who just got 76 million votes, 312 electoral votes they want to say, you can't have your guy for attorney general. well, we'll see how that turns out for him. >> joe, what do you think? should the report be released? wouldn't it be helpful at least, to either fend off the criticism or attacks, or maybe even buttress the senator's choice if they know what's in the report? >> well, i do take some objective. objective objective objection to that. >> totally objecting this entire time that i object to your objection. no. is that he didn't just simply retire to become a citizen again. he literally retired because he knew if he retired, it would

end or theoretically end the investigation and would squash the report from becoming public. >> you mean because he could have stayed on until he was confirmed in some way? >> well, he could have stayed. yeah, as long as you could. you certainly can. there's no reason why you would leave unless you make sure you're actually confirmed. so. and he's going on to one of the most important, most critical positions in our government. here's someone who was accused of of of statutory rape, of having sex, sexual intercourse with a woman under 18 years of age and was using illicit drugs and amongst other things we may not even know about at this point. and now he's going to head our justice department. he was investigated by them. they chose not to bring charges. it doesn't mean there wasn't any guilt. they're not saying they didn't say he was innocent they just because they didn't maybe didn't they can convince the jury. but that doesn't mean that the person is innocent. >> well, shelby, what about the point that lance is making, though, in terms of are you going to look at trump, who has this political power? and he believes a mandate, although

there's discrepancy with that mandate really is for the voters. and him. >> are senators going to put their necks on the line for gaetz, or would they maybe keep their powder dry for others what? >> well, that is the whole point. and when i talk to people close to donald trump's campaign and involved in the transition that's the point that they're arguing whether or not it's true is another story, but they're telling me when i say, do you really think that matt gaetz has a chance to get confirmed? they say, well 76 million people voted for donald trump. and so if if these senators want to come out publicly and deny what donald trump has said, has chosen what he has said he is going to do then that is on them and they're going to essentially suffer the consequences. now, do i think that this matt gaetz choice was sort of a head fake and some 4d chess? no i think, you know, every conversation i have had with people close to trump indicates that it is sometimes the simplest answer is the correct answer. he likes

matt gaetz. he has promised government is run. and he believes that matt gaetz is a person who is going to do that now coincidentally, if matt gaetz doesn't get confirmed, does it help him tulsi gabbard confirmed? yes. so maybe he's also now thinking, okay, this could be sort of something that ends up being beneficial but i don't think that it was the initial thought process behind picking him. well, one person you didn't name was pete hegseth who of course also has. and there are very different contexts. first of all, but both he and gates have denied allegations that have been leveled against them for his part, his attorney revealing to cnn that he did pay a woman who accused him of sexual assault. he, of course, denies the wrongdoing, says it was consensual there was reporting from maggie haberman of the new york times tonight, though, lance, that trump might be more willing to tolerate these category of accusations because he himself feels that he was

unjustly accused of something similar, even through a trial as well. is this a blind spot for trump? >> well, i mean i don't know that it's a blind spot for trump i think a lot of it is. these are people he likes and look, this is he is picking people who are a shock to the system. and so i get it. a lot of folks in washington don't like these picks. and so there's a lot of outrage that's coming from inside the beltway. but again, i go back to 76 million people and 312 electoral votes. i think this country is looking for a different direction. and so i think he does feel he has a lot of capital to spend and he appears ready to spend it on all of these folks. >> but the direction excuse me one second, the direction that he's pointing though. matt gaetz says attorney general is a very clear indication of where he believes the view should go. i mean, he is somebody who, you know, has talked about retribution, about weaponized government. the directive is not just something different. it is in a particular direction towards perhaps vengeance. >> yeah. i mean again, this is somebody who has been close

when it comes to matt gaetz, who is somebody who's been close to donald trump for many years and who is aligned with donald trump on what donald trump wants to do with the government, which is drastically reshape it, which is change the fbi, change all of these things now, i think the thing that's notable about pete is donald trump's campaign was caught off guard by these allegations. and so it is a little bit different. i do agree with maggie's reporting that he doesn't necessarily care about it, because he is someone who has also been accused of something similar, but it is not something that the trump campaign went into when they picked pete knowing as opposed to matt gaetz, where we've known about these allegations for years. >> you have new reporting as well saying that you were second on who the fbi pick might be, even though we know we're supposed to have an fbi director that has a tenure that's longer than a presidential tenure for good reason. that hasn't been the trend. sometimes but who is the fight between? yeah, the fight is between trump loyalist kash patel and mike rogers. and so

there's sort of two different factions who just lost the senate race in michigan. correct. and there's there are two different factions that are sort of warring over this. the the maga republicans are all in for kash patel because, again, they view him as somebody who will drastically reshape everything. and then the mike rogers pick is sort of the traditional establishment figure and that war is heating up internally there's a lot of folks who are privately vying for each of them. mike rogers would have an easier confirmation process but as we've seen with donald trump's picks, that doesn't necessarily mean that's who he's going to decide on. >> what do you make of those two picks? >> well, i know mike. i know mike rogers always got along with them very well i think both democrats and republicans he has respect from both sides of the chamber of the aisle. um, i think cash is a more an unknown figure for democrats. i think what we do know of him, he's more bombastic than mike had been. although mike went a little maga during the race, which is understandable but what i think is actually interesting laura, is i don't

think that donald trump really gives a rat's butt about the senate. he doesn't care. i mean, he demonstrated that back in 2022 when he almost single handedly delivered the senate to democrats by his actions in georgia. and so you know, it's all about headlines it's about what keeps us out in front of folks for this. i think he's having fun with this as well. i think he likes seeing people sweat, especially he has really i don't much regard for john thune. john was not one of his people. if this makes john sweat a bit, i think he's okay with that. >> well, here's somebody who is a bit of a headline brendan carr that's trump's pick for the chairman of the fcc, joe. and he wrote the agency's chapter apparently in project 2025, which we were told is not associated at all with trump. and here's what he wrote about the agency's main, main goals, what they should be reining in big tech, a tiktok ban supporting elon musk's starlink technology, just to name a few what's it going to mean? and also, he mentions of course, as well section 230 of the communications decency act that he believes there should be some tweaking. there as many

also do what does this mean for the next four years in terms of big tech? >> well, i think for a lot of big tech folks, they they thought this was a new beginning with republicans. and particularly with this administration. >> elon musk is there, musk is there. but there are a lot of tech folks in silicon valley who got behind this president. and i think it's an awakening this, this, this, this nomination really speaks volumes to them about the direction that the trump administration has been going in. and it's not pro big tech. >> lance, how do you see it? >> well, i think the voters have spoken pretty loudly. i agree with you. i think silicon valley may be a tad surprised by it, but i think a lot of republican voters out there are yay, rah! let's take on big tech out there. >> so do you think just curiosity. talking about the mandate that when the voters and is a decisive victory for trump i mean trifecta for republicans that they they know the same mandate that trump is going with? i mean, the mandate was you're in charge, but every aspect of it, you think is carte blanche. >> i think donald, the voters have known donald trump now for going on. what? well longer than 8 or 9 years. but he ran

first, ran for president 8 or 9 years ago from the time he came down that escalator, he has had one, one approach. and it is that washington is not working for you. somebody needs to go in there and take a sledgehammer to it and break it think voters are very clear eyed about who he is and what everything that comes with him. they went into this election knowing everything that was about him. if you look at all the polls, it's kamala harris a lot of times they didn't know things about, but they always knew who donald trump was at the end of the day. so yeah, i think voters absolutely understood it. >> but if this is about draining the swamp, he's only adding more sludge to the swamp right now. i think that's a perception he has with these some of these nominees, particularly matt gaetz. >> but we'll see how the senate feels about it. thank you everyone. up next msnbc's morning joe facing backlash after host joe and mika went to meet donald trump at mar-a-lago. >> i don't think you need to sit down for 90 minutes at mar-a-lago and kiss his ring to be able to speak truth and to be able to cover a story. >> i'll ask legendary

journalist bob woodward about that, and much more next. plus hurricane relief workers in florida allegedly told to skip homes that had trump signs the now fired fema employee at the center of the scandal joins me tonight political analysis. >> we have all kinds of questions. >> you're about to feel so stupid pressing questions. what did biden do that set the right course? >> stayed awake trump pull out of 60 minutes? i love pulling out and downright ridiculous questions. >> what are your predictions for next week's top stories? >> baby oil files for bankruptcy this is the news network. >> have i got news for you? next saturday at 9:00 on cnn and stream next day on max come on, time to eat. time to eat

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products, all backed by our guarantee at custom inc.com i'm lauren lieberman at the pentagon and this is cnn makes the heart grow fonder. >> and after years of, well, an icy relationship, donald trump and the host of morning joe seem ready to play nice. joe scarborough, mika brzezinski today revealing that they traveled to mar-a-lago to meet with president elect trump last week, morning joe helped boost trump's political career but

they had a falling out after trump won the white house. now, well, they are signaling it's time for a new chapter. trump telling fox news, quote many things were discussed unquote, during his meeting with the hosts and he quote appreciated the fact that they wanted to have open communication. as for the hosts, they say this. they say this meeting won't stop them from criticizing trump as for us, we also let him know that we will continue to speak truth to power and push back hard when called for, as we have with all presidents don't be mistaken. we're not donald trump. we're here to report on him and to hopefully provide you insights and a better equipped all of us in understanding these deeply unsettling times. >> well joining me now, legendary journalist, associate

editor of the washington post, bob woodward. he's also the author of war, chronicling the presidential campaign amid the backdrop of war in ukraine and also the middle east. bob, thank you for joining. i have to know what your thoughts are on this new york times reporting. first of all, that trump has admitted, it seems that gates may have a difficult time being confirmed as attorney general you know, i don't know. >> and obviously that's a future that has not occurred. but what i do know from trump going back eight years ago interviewing him in 2016, one of the things he said when asked about power, what is power and he said real power is i even don't like to use the word but real power is fear that's something trump

realized eight years ago. maybe all of his life. and realizes now you have to scare people and so he has threatened. he's gone through all these charades. you know, we're going to appoint this person. we're going to appoint that person. i think one problem is the public and those of us in the media are looking at this kind of like, oh, that's a zoo. and we're outsiders watching it. what i think we have to realize we're in the zoo. everyone is in the zoo. he's going to be president for four years. having chronicled ten presidents going back to nixon, they have extraordinary power. and trump's going to use it. he used it his first term.

maybe not adequately from his own point of view. so he is going to use it. and we better be frightened. >> well, it might not surprise people to know that there is some notion that, according to reporting, he's pushing senators to agree with his controversial picks, including not to mention tulsi gabbard for dni and also pete hegseth, as you know, for defense secretary. are these positions more than about going on in terms of the decision to have both of these figures and stick with them? >> i think it's you're driving down the road in your car and check engine light goes on. what do you do? >> you pull into a grocery store. no. you look for somebody who can do what you need done to your engine. right? >> trump has totally abandoned the rational approach to getting people to do the things

that need to be done in government, and i mean, we are in this zoo and he's in charge for a long time. and has lots of power. we should not kid ourselves and i believe from doing books on him spending hours interviewing him, that he's trying to recreate the imperial presidency but he has said, bob, i mean, just on that point, trump's former joint chief of staff, general mark milley, actually he told you trump is serious about retribution. but then today trump told fox news, quote i am not looking for retribution, grandstanding or to destroy people who treated me very unfairly. and he says, we'll give people a second and a third chance. you've written multiple books about him. um, is that possibly true? >> well look, we're in a transactional environment. he

can say anything, but i know from the past this is a man who knows real power is fear. and he likes to scare people. and now he's scared the whole country. and to a certain extent, the whole world by putting people in or saying he's going to put people in key jobs who have no real experience in that area, no track record. but then why is that fear? that's that they're not a cabinet of advisors. they're a cabinet of implementers. >> yeah, well, it gives him the power as president to put those people in and fire them do you think that that or has motivated. >> i would love to know your evaluation of that meeting between trump and morning joe hosts joe scarborough and mika brzezinski. they used to have a pretty chummy relationship, for lack of a better word, back in 2016. um and then you've got this reporting that they and

they have admitted that they went down there. nikki haley posted on x that this was all about ratings that they need trump for some level of survival. how do you think trump would see this meeting? >> well i don't know. see but he will use anything and he will. he's invited them down they're terrific reporters and of course they're going to go. should they have got you down what should they have gone? of course. i mean, you're a reporter. you want to talk to everyone you want to listen? you want to understand? see what's going on. but my experience and the proof is in the way trump operates is he really likes to scare people. he likes to frighten people. look at these appointments people are going where where did this come from? what's he doing here? uh, my answer is

he's trying to create recreate the imperial all powerful presidency now why to implement whatever comes to mind. >> i know him well, and his mind is like a roulette wheel any number can come up you can't predict it. you don't know where it's going. we do know that he's going to have the extraordinary power of the presidency. >> really important points, bob. >> well, look and see how this all unfolds. if fear is a strategy, what will be the result? thank you so much for joining. >> thank you still ahead, fema's chief under fire and about to face a grilling on capitol hill. >> this after a staffer told hurricane relief workers to skip homes with trump signs. so what really happened? >> the former employee of the center of it all live with me

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♪we can secure our world.♪ ♪when it's time to update an app,♪ ♪don't you hesitate, do it asap.♪ learn more at cisa.gov/secureourworld ♪that's how we can secure our world!♪ lovesac. >> you make the rules federal response to hurricane milton will hit capitol hill tomorrow. >> a house oversight hearing is going to probe allegations that fema workers skipped over going to homes with donald trump. political lawn signs. now, fema claims that a rogue employee told workers in florida to bypass those homes and republicans have cried foul, claiming it was all politically motivated. fema fired that woman, marty washington. they say it was quote, a clear violation of fema's values and principles to help people, regardless of their political

affiliation. this was reprehensible. florida, even sued washington and fema. well now miss washington is firing back saying that it's common practice for fema teams to avoid some places when it's based on hostile interactions. with me now former fema official marty washington. marty, thank you so much for joining. i understand this has been very difficult for you you have received death threats and and you don't feel safe no i don't. >> and thank you for allowing me on your show and for giving me a voice. >> i'm it's been a tumultuous event and an uphill battle. but what i'd like for the american people to know is before i even deployed to florida, that this was the work culture there. i was on two teams in florida and the first team when i arrived. they were implementing avoidance and deescalation, and unfortunately that trend ran

with those trump campaign signs so before i even had my own crew in highlands county, this was the practice. and it's verifiable. >> when you say excuse me, avoidance and de-escalation, you know, you shared the field guidelines with us, which urged workers to remove themselves from a hostile situation if they feel unsafe for any reason, and if they feel threatened. >> were there reports of hostility in the neighborhoods that you were responding to as a result of the presence of signs or otherwise yes we've had people verbally express to us that our presence was unwelcome and unwanted. >> uh, some people had some tact about it and some people were not so nice about it. um but all of this information was communicated with my task force lead, which is my direct supervisor. so i did not act on my own volition. everything we

did was out of the focus of safety and making sure our team felt comfortable who gave those orders you appear to be conveying them, but you weren't the one where they originated. >> is that right? >> that's correct. all of my orders come from my task force lead, chad hershey. his whole mantra this entire, um deployment was to make sure people felt comfortable and make sure that they felt safe. and that's because we were in what fema categorize as political hostile territory do you know how they define politically hostile territory? >> was it? was it a particular campaign that you were feeling that way towards, or was just the idea of the times that you were in at the times of the relief being requested deployed to florida, there are accounts of trump supporters being very passionate about

their political stance. >> and unfortunately, that led to them saying they would either do bodily harm to fema workers or they would do threatening take threatening actions towards fema workers. and that was the trend, not just in florida, but you'll see that in north carolina as well and georgia. >> did that translate to avoiding all homes that had a trump sign, or were there select neighborhoods that you implemented that way? >> that's an excellent question. it was only selected areas where there were teammates felt uncomfortable. they did not feel safe and they feared for their safety. >> so if this was something that you were following from fema's protocol, you didn't you didn't invent it. you didn't originate it. it was already a practice. you say, before you even got down there. why are you taking all the heat

that leaked that information. >> and they did it with the correct timing. after president trump took office. so this raised questions of violation of the hatch act, which clearly there's not because we registered given them service as well just we avoided the areas that were hostile. unfortunately, i teammates. we're supposed to only have five. i ended up with 11 teammates and half of those teammates proved to be anti fema. they were quite critical of the entire deployment process. and while we canvased highlands county. >> do you think you're being scapegoated because you're fema noted in your dismissal letter that you had no prior disciplinary action none. but this alleged misconduct totally outweighed your positive record. what did that feel like when you read that? >> i'm certain i'm being

scapegoated because my superior has been demoted in the past for giving the wrong orders so now that this person is my superior, i've done my best to not only serve him well, but also serve the highland county well as well but i'm the scapegoat here because it doesn't make any sense. you have someone with a clean record that comes highly recommended, and then you have someone that's been demoted in the past for egregious acts yet you retain this person and promote them but yet fire me and scrutinized and and lie and tell the american people i was working on my own volition. i don't create policy fema does. i just implement it in the field. >> well, the fema administrator criswell is going to be testifying at tomorrow's hearing mani, given all that you're experiencing, what do

you want to hear from her criswell would be human and come to terms with the fact that fema has not addressed the safety concerns that the crew leads and the specialist's experience out in the field. >> there are plenty of reports that discuss hostile encounters. it's how fema describes it and our method is avoidance. i don't understand why we're hiding that from the american people. if someone feels unsafe, we what employer subjects their employees to a hostile work environment? nobody does that. >> have you been asked to testify? be transparent about that no, ma'am are you surprised? and would you do so if they asked i will come forward you know i am surprised that you don't have current counsel representing you, miss washington, have you tried to

get counsel and been unsuccessful in anyone representing you here yes. apparently a lot of people are afraid to take on this case because no one wants to deal with the government. it seems that the stafford act is layered and complex, and most people that have tried to hold fema accountable for egregious acts in the past they failed and here you are waiting for a testimony on the hill asking a person to be human towards you. mani washington, thank you so much thank you there is new trouble for diddy tonight as the feds accuse him of trying to obstruct justice from behind bars the new allegations against him next who should be the 2024 cnn hero of the year? >> it's your chance to weigh in. discover the life changing work this year's honorees are

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>> i bow ask your eye doctor about prescription. my bow i'm rahel solomon in new york and this is cnn >> sean "diddy" combs his lawyers are accusing the u.s. government of a, quote outrageous violation of due process. they're saying that prosecutors obtained diddy's personal notes from his jail cell. this accusation comes after the government alleged diddy is trying to obstruct their investigation. they're saying that he used a telephone account of at least eight inmates to allegedly evade monitoring. they also say that he paid inmates through intermediaries, used three way calls to reach unapproved contacts and used a non-authorized third party system to send hundreds of text messages to dozens of people including some not unapproved contact lists. now, combs is due in court on friday where his lawyers are going to begin arguing for a third time to get him released on bond. i want to

bring in nima rahmani. he's a former federal prosecutor and the president of west coast trial lawyers. nima, let's start with these accusations that the government is leveling that combs is engaged with witness tampering. if true. how bad is this for him not only for a bond hearing to be released, but also in the long run for trial laura, you nailed it. >> it almost takes his chance of getting bond for a third time. and i don't think he had a good chance anyway, because he's such a danger to the community. but that's something that was raised during the second bond hearing. the number of times he tried to contact witnesses in the case, and he's already looking at the possibility of a superseding indictment alleging sex trafficking of minors. and if obstruction and witness tampering comes in, that really undercuts the two defenses in the case first, that the sexual contact was consensual because minors can't consent and then the jurors will hear all the evidence of diddy trying to blackmail, bribe, pay off,

threaten, intimidate. these witnesses. and really, i think that's his only defense here. if they go sideways or they do a 180 at trial and say that, you know what? despite filing these civil lawsuits and making these allegations, it really didn't happen the way i said it did and of course, if you're unable to monitor the communications of the inmate as you are permitted to do, you don't necessarily know if he's making statements that are nefarious or benign to witnesses or people not on a contact list, but what course of action, then, could authorities have to keep him from continuing these behaviors if he's already circumventing the processes well, they can take his phone privileges away entirely in prison. there is no fourth amendment expectation of privacy. guards can come in and toss your cell at any time. those phone calls, there's signs there's recordings. they are always recorded. and we hear time and time again where these jail calls come into evidence of course, diddy is sophisticated he's allegedly

trying to get around these restrictions by using other people's phones, pack numbers that they have in prison, trying to make three way calls. >> but that's a no no and i think he's getting very close to getting those phone privileges taken away entirely, which will make his defense even more challenging. >> and yet, his attorneys they say that the government violated his due process. they say that they seized personal notes from combs's jail cells. prosecutors say the notes nationwide prison sweep. he believes that's not the case. did they violate his due process? do they have an argument to say that they have they have an argument, and it's going to really depend on whether prosecutors conducted the raid with a taint team sometimes it's called a clean team or a filter team. >> but whenever someone is represented, when agents are supposed to do is have a second set of officials, whether it's attorneys, whether it's guards officers to conduct the raid that way, if those agents

inadvertently run across privileged material, they'll either set it aside or redact it basically, they won't be disqualified from the case because we know the attorney client privilege is the most sacred privilege under the law. so this is something that all prosecutors know don't conduct the raid yourself. you don't want to be a witness. so hopefully the u.s. attorney's office of the southern district of new york, probably the most prestigious in the country, followed protocol. and if they did, i think they'll be okay when judge subramanian conducts that evidentiary hearing tomorrow. >> well, on friday, they have a hearing where they're going to request again that release for a third time. do you feel optimistic on behalf of his counsel, that diddy would be released pending trial? >> i don't think so, laura. >> if diddy were released, he would be any other criminal defendant. i mean, these are such serious accusations. allegations of racketeering, sex trafficking. and, you know, we're just getting more evidence that's come out obviously, the video that cnn found. we saw the text

messages related to that video that came out in the prosecution's filing. so of course, we saw the video of diddy allegedly beating or seemingly beating cassie ventura at the intercontinental hotel in 2016. but in the prosecution's filing, we're seeing the text messages that cassie sent diddy related to that beating. and this is all coming out and obviously during the second bail hearing, we saw that diddy tried to contact a witness dozens of times, and now apparently he tried to call a witness and 100 times, this is not getting better for diddy. it's only getting worse when it comes to bail. >> we'll see what happens ramani will follow the story. thank you for joining thanks for having me laura, as always. now to another courthouse. the wife of the undocumented migrant accused of killing georgia college student laken riley confronting him in a jailhouse phone call, played in court during the second day of his murder trial saying, quote, i know you know something.

rafael romo has the latest on the case that's become a political lightning rod over immigration and crime on day two of the trial for the man accused of murdering laken riley, an fbi special agent testified jose ibarra cell phone was at the same location as laken riley gps for about 20 minutes, and that the time of the killing on february 22. i would say that they are very close. >> riley smartwatch data presented in court in this star graph capture her final moments as it shows her heart rate spiking and slowing down, then dramatically stopping, according to court testimony from a uga police officer and a digital forensics expert. >> her heart rate is still going until 928, a m her encounter with him was long. her fight with him was fierce, and that is what the garmin

data shows. >> the state played a jailhouse call in spanish between suspect jose ibarra and his estranged wife, layling franco, in which she asked him what >> she tells him that he has to know something and he just continues to tell her like li ling enough, lei ling enough hold on body camera video played in the courtroom showed the moment officers found ibarra. it was late february, the morning after riley was killed, as she jogged on the university of georgia campus. a uga police officer on scene testified ibarra and his brothers >> it seemed very relaxed. there was a lot of, uh, laughing, giggling but another officer noticed something wrong. what happened next? he told the court that ibarra's injuries looked like defensive wounds, including fingernail scratches and a puncture i could see, like, wet flesh. >> like almost like it was fresh. >> i could see there was still a little bit of pus in it.

>> ibarra has pleaded not guilty. he waived his will decide his fate. >> the prosecution said in open court they expect to wrap up their case on tuesday. meanwhile, the defense says it should take them less than half a day to present their testimony. the trial resumes tuesday at 830 in the morning here at the athens-clarke county courthouse. rafael romo, cnn, athens georgia. >> rafael, thank you so much. up next a new reason why netflix better get its act together come christmas day political analysis. >> we have questions. >> how biden set the right off. >> stayed awake. >> why did trump pull out of 60 minutes of 60 minutes? >> i love pulling out. >> this is a news network. >> have i got news for you? saturday at 9:00 on customize and save with liberty mutual. >> customize and save. >> and then i wake up is limu with you in all your dreams.

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for you. >> let's call it an early christmas present from the one and only beyoncé show. it's like 2016 all over again only this time it will be live streamed on netflix. and netflix says beyoncé is going to bring out some special guests who are featured on her recent cowboy carter album. i know i'll be watching of course, opening presents too, but if beyoncé wasn't enough for football fans here come the pop tarts. that's right. on december 28th, at this year's pop tarts bowl, there'll be not one but three edible pop tart mascots. the flavor is frosted hot fudge sundae, frosted wild

berry and a third mystery flavor the game's mvp decides which flavor mascot will get eaten by the entire team. yes! free time everyone and finally, the u.s. postal service unveiling a special edition postage stamp to commemorate beloved actress betty white. it's set to be released in 2025. thank you for watching and for being a starts right now after a classic rose moment. >> it's like that old scandinavian saying you can let two angry mackerel fight it out in a purse, but don't ever plan on carrying that purse to a formal affair >> tonight on 360, the president elect picks another fox host for his cabinet, doubles down on