>> harris: yeah, bret baier, on "special report." you have transportation secretary pete buttigieg. find our co-workers' luggage. >> i will. >> harris: thank you so very much. this is fun, right, em? we will cover it as it happens. "america reports." >> sandra: great coverage, team. "america reports" with a live look at the house floor where lawmakers are back at it for a third day now trying to select a house speaker and once again it appears congressman elect kevin mccarthy is headed for defeat. hello, welcome, i'm sandra smith on this thursday afternoon. hello, john. >> john: welcome to friday eve, sandra. gop dissenters nominating florida congressman-elect byron

donalds and democrats unified behind hakeem jeffries as that party threw his name into the hat for house speaker. ahead of the proceedings, republicans acknowledging they did not expect much to change. >> nothing -- [inaudible] i wouldn't be here -- [inaudible] >> doesn't really matter what my vote is at this point because he doesn't have 218. there are too many people, excuse me, who are committed to not -- [inaudible] >> sandra: conservative holdouts are standing firmly in the opposition to mccarthy speakership bid, as the allies could be starting to slip. pennsylvania congressman-elect scott perry is a key voice speaking out against mccarthy. he'll join us to talk about where negotiations stand at this hour. >> john: fox team news coverage, kellyanne conway her take on the drama, and chad pergram kicks us off live from capitol hill. chad. >> john, good afternoon. house is now in the middle of a

7th vote from speaker, they'll have an 8th vote, there are enough votes to block kevin mccarthy on the ballot. a couple moments ago a vote by matt gaetz for donald trump. keep in mind the speaker of the house does not have to be a member. key in the roll call votes today is for kevin mccarthy to demonstrate signs of progress. mccarthy has been stalled at 202 or 201 votes since tuesday. he needs to get closer to 218. john james, a freshman of michigan, nominated mccarthy. he said the gop needs to learn how to win and then noted he's a fan of the detroit lions. now, dan bishop of north carolina nominated byron donalds. if the house winds up in another lengthy vote series, members say that shows mccarthy lacks the votes. the problem for mccarthy is making concessions to one side and alienating others.

demands for opponents on key committees, also reserve the right to call a speaker vote in the middle of the congress if they don't like mccarthy. here is something to watch. potential absences that could either help or hurt mccarthy depending on who is out. 1923, took nine votes to elect the speaker. but also took three days, this is day three. now, right now on the scoreboard there are 14 votes against kevin mccarthy. he can only lose four if we are at 434 members voting. and so that's the issue. we are at 14 votes, we are going to go to an eighth vote here, an eighth vote. the question is whether or not they do that right away. last night we had an adjournment for several hours, they came back into session and then the house adjourned again. they voted to adjourn. you have to have enough votes to adjourn. you had mccarthy allies who wanted the adjournment. democrats wanted to continue to embarrass mccarthy and show how he did not have the votes and they would have teamed with some

of the mccarthy opponents. that vote to adjourn passed by one vote. it was a very close ballot, so it's unclear if they would even be able to adjourn or be compelled to continue to do this over and over and over again, keep in mind that the rule is you have to keep voting until you get a speaker of the house. and three days now of not having a house of representatives fully constituted. john. >> john: chad pergram watching the action on capitol hill. thank you. sandra. >> sandra: let's bring in kellyanne conway, former counselor to president trump, fox news contributor and ka consulting. we have been watching it play out on capitol hill, it appears mccarthy has lost the seventh house speaker vote despite making concessions. what say you at this seventh hour. >> inertia is the most powerful physical force in politics unless it is taken over by friction. there's been plenty of friction

but i think inertia really is the force that must be overcome here. the concessions are one thing, but people need to be honest about what would change their vote, and if they are going to say nothing, sandra, i'm comfortable with that. then we know there is nothing that will change their vote. kevin mccarthy, unless he gets a few democrats to vote for him, will not get to 218. if they are serious about bringing to the table the cards face up and saying here is what i want and he accomodates them, then i think they are duty-bound, frankly, to play ball. here is why. i know people at home, we are hearing from voters, constituents, the base, many donors, people are upset with what they are seeing. the democrats are salivating, republicans are disgusted. we have one-third of washington at a standstill. we cannot have members of the armed services committee, the defense and intelligence committees receiving briefings. they don't have security

clearances right now. when i was a staffer in the white house i had a top secret security clearance. and i was a staffer. you have people across the government right now that have more access to more intelligence and defense information than elected members of congress who by their very definition are accountable to the people they represent. i think we are getting to a bit of dangerous territory here, almost a mini government shutdown, things are not happening until you can constitute. it's dangerous, too, you know what happens in government shutdowns, people don't get benefits, military families get upset, people recognize the checks are not in the mail. we are not there yet, but dangerously close to going from i think some petty personal grievances, also some very real authentic differences in policy and governance versus not being able to function. last point, when newt gingrinch was the speaker i had been involved as a bit player in the mezzanine and contract of

america. he was speaker. the first election, they lost 5 or 6 seats. he still had plus 19, more than mccarthy has and yet he did not run again, he resigned and ken, god rest his soul, was a confidante and said i know newt has the votes to become speaker. i don't know if he has the votes to govern. i think both those questions are on the table right now for mccarthy and others. >> john: you wonder what the next two years will be like if this process is so hard. five hard nos, one of them matt gaetz, call for 0, fundraising email and said if you want to drain the swamp you cannot put the biggest alligator in charge of the exercise. he voted for trump a couple minutes ago. he does not have enough to get to 218 but if some are present instead of for somebody the thresholded comes down, maybe

214, 215. >> or if they are not there, if they are not there. >> john: if they are not there or vote present, whichever way. sometimes the math changes. here is what i wanted to ask you about. kevin mccarthy said on his way to the floor, i wouldn't read anything into the votes today and we know a lot of horse trading has been going on, which may suggest that there is a deal in the works here. what do you say? >> yes, that's how i read it as well. and for another reason. these deals -- look, people have very long and deep objections that they want accommodated if not responded to. i think deals don't happen immediately. if people feel that deeply about their disagreements, i think kevin mccarthy is taking the longer view of this, and look, if you are him and waiting to be speaker for seven years and in the interim, has done a good job on policy, it's not like he voted for the omnibus, that's nancy pelosi's fault, and

speaking of, you know what, spokes, we are not going to see nancy pelosi next to kamala harris and behind joe biden ripping up the state of the union this time. we need to have somebody there -- i think he is taking the longer view and the longer view could be the next day, the next couple of days, but i agree with you. it has taken time to sort out everybody's asks and put them together. >> sandra: kellyanne, thank you for joining us. appreciate your time. >> john: to pennsylvania congressman-elect scott perry, one of the lawmakers leading the charge against mccarthy, joins us now. thank you for hanging with us, appreciate it. what we understand from reporting what was talked about overnight here with mccarthy. reported concessions to the house freedom caucus, one member threshold and motion to vacate the chair, two seats for the freedom caucus and house rules and other committees, vote on stand alone, 12 individual appropriations bills. is there a deal done at this point, congressman-elect? >> thanks for having. first of all, there is no agreement whatsoever, and it's

disappointing that confidences are betrayed about the details of internal meetings and it's -- it exemplifies washington, d.c. and the trust factor that is causing the impasse occurring before your eyes. there is a trust issue with the gentleman who wants to be speaker. you can reference his former boss, member of congress and what he says about kevin mccarthy. it is hard to restore trust in just a month or two and it's really hard when you betray confidences in a meeting where the details are then leaked out to the press. so, there is no agreement at this time. but i will tell you this. we are looking for transformational change in the swamp in d.c., does not work for the american people but for washington, d.c. and we are not going to leave until we have that. we are here to fight for the american people. everybody knows the town is broken, everybody knows it, nobody wants to do anything about it. this is our opportunity and we are going to take it.

>> sandra: the max vote anybody else nominated by the party is 20, who is that? >> as i've said, i've never made this personal. i started negotiating in the summertime. it's not about kevin mccarthy or anybody else. it's about anybody willing to embrace these fundamental changes. >> sandra: who is that? >> whoever can get to 218. if mccarthy can embrace the changes i expect he will, but if he cannot, somebody else will have to. >> john: let me get back to the idea of negotiations, compromises made to the house freedom caucus. you say no deal at this point but is there one in the works that could get him to either 218 or with some voting present or whatever, get him to a number which he becomes speaker? >> once again, it would be unfaithful of me to characterize any negotiations that may or may

not be occurring after going out and complaining about other folks that are doing it. so i'm going to say there is no agreement at this time. you can see the votes are occurring, and we are asking for transformational change, not for ourselves but for the people we came here to represent and some of the things -- go ahead. >> john: if i could, as i asked kellyanne conway, the posture of kevin mccarthy going into the house today in lieu of the negotiations last night and again this morning he said i would not read anything into the votes today. that was suggestive to me and to kellyanne there is something in the works here and that what we are looking at right now is just pro forma, but in the days ahead could be a vote to get him to the magic number. >> this is politics, of course he will put things in the best light and spin it. you expect that, read through that and see what's occurring. he does not have 218, didn't have it yesterday and chances are if nothing changes won't have it tomorrow. >> sandra: amid this process you

recently said washington is broken, and we are clearly watching what appears to be a split party with no consensus on who your party is going to elect to be speaker of the house. do you worry the damage this is doing after flipping the house and obviously noting this is putting the republican agenda on delay? >> taking a few days to change essentially what has gone wrong over the -- >> sandra: a deal in the works and done in a few days? >> well, i don't know. but what's taking place right now is taking a few days. what i'm saying is since this has not happened for 100 years, where we had a contested speaker's vote, if it takes a few days in the 100 years to get it right and get washington back on track. washington has lost its way. you can tell 13 days ago, yet again, $1.7 trillion bill sent in the middle of the nice, christmas eve, 7,000 earmarks in it, christmas treed up, america is tired of this. their voices are not heard.

if you have to spend a couple days to get it right, it is worth it. >> john: congressman let me ask you, in terms of where we are going in the days ahead. the democrats are obviously loving this process. alexandria ocasio-cortez gave some credence to kat cammack's observation about alcohol, if democrats were doing shots every time there was an unsuccessful vote that would be passed out by now. but brad sherman, positive if mccarthy is speaker, he would have to make deals with the democrats because not with the house freedom caucus. >> that's absolutely not true. look, we are always interested in working with republicans and we don't want our speaker to be working with democrats as long as the speaker is true to what we believe in, as republicans across the board, we are going to be in fine shape. we have to get this worked out and get the tools in place and again, sometimes with the personnel to have transformative change so we don't keep ending

up with the same thing. what we keep doing is the same thing with the same people under the same conditions and expecting a different outcome. i don't know why we would keep doing that. >> john: if i could just finish the question that i had for you congressman-elect, if mccarthy as speaker, a hypothetical, were to cut a deal with democrats instead of the house freedom caucus, how would you react, particularly if there is a one-member threshold for a motion to vacate the chair? >> i think quite honestly, forget how i would react. no one appreciates being betrayed, not just the freedom caucus, any republican would take that as an act of combat. >> sandra: congressman, can you give us some idea, you mentioned you've been working on it since last summer. some indication of the tone of the meetings with kevin mccarthy, these ongoing negotiations and discussions and what that's like. >> well, in the summertime he

was disinterested, and the fall, he expected 240-seat majority, big red wave and people in the views he can dismiss are irrelevant. only because we had a slim majority he needed to come to the table. none of these changes that are necessary, everybody in the conference agrees with, by the way, they don't like the process, i get it, but none would be on the taken if the slim majority did not exist. so we have to make congress work for the american people. >> john: congressman-elect scott perry of the keystone state. i assume you'll be voting for byron donalds. >> i will. >> sandra: and run back out to the camera if you feel the need to do so. we'll be here a couple hours. >> john: act of combat, he said, sandra, if the speaker, if it is kevin mccarthy makes a deal with democrats to get something done as opposed to making a deal with

the house freedom caucus. you'll remember -- how many times did john boehner get things done because he worked with democrats as opposed to recalcitrant members of his own caucus. >> sandra: ari fleischer is here, you heard the conversation we were having with the congressman there, obviously some building frustration, it appears mccarthy has lost the seventh speaker vote. please weigh in. >> spare no words. they all look like idiots, and that's how they are acting. and something plain about house republicans over two years. if they cannot achieve unity act like a team, why are they there? no purpose in serving in government if you cannot organize yourself and act like a team. you have a five vote majority, you are squandering the small majority that you have and only going to get worse. why does anybody think after

this fight they are going to be able to unify as a republican team on any other type of ideological tight or -- fight or conservative fight, there is no team in the house republican caucus right now and that is killing them all. >> john: speak if you would to the arguments being made by people like scott perry and byron donalds and others that look, you know, there's no need for a coronation here, the first day of the new congress, go through a process like this for a few days without derailing the work of government, that they want to get it right and make sure not a return to the bad old days of spending and ignoring the will of the american voter. what do you say to that argument? >> i agree with them it's not a crisis, this is a leadership fight in the house of representatives. you can still make yourself look like an idiot, that's what they are doing and still send every signal possible about the future. look, the democrats are so much more capable than the

republicans in the house about acting as a team. the democrats are the party that is organized, republicans are the party that is disorganized. and i don't see any outcome here that is going to lead to a future organization. i see it lead into future fractions and division and fighting. that's the problem that republicans have right now if they cannot act like a team. there's a solution to this, and what i would recommend they do. get together as a caucus, just as house republicans, new election for leadership and whoever wins the plurality of the vote agree whoever it is, will become the speaker. and that everybody will vote for whoever that is. put names up, fight it out inside the caucus and then act like a team and unify. find whoever gets the plurality. >> sandra: chad pergram noting victoria spartz who is going to be joining us next hour has voted present again. you'll see that tally looking almost identical to what we have

seen, ari. you gave us your forecast and how you would go about things. your crystal ball. what happens next as they move into an eighth ballot here? >> well, i think either kevin will have won the votes by a result of my opinion mistaken concessions he has made, and that will get him the gavel and it's going to be a hollow gavel. i think he may in the end have won those votes. what position were so many of the people in the freedom caucus fighting for if he's, kevin mccarthy has conceded given them the points they want but they still oppose kevin mccarthy. i think that would be very problematic. that's a chance, a possibility that kevin does not matter what concessions he makes. they are still going to oppose him because they oppose kevin mccarthy. i don't see the outcome here, i'm suggesting regroup in the caucus and act like a team. >> john: we do know that there are a number of hard line nos who may not change the vote come

hell or high water. appreciate your thoughts. good to be with you. we want to now go to moscow, idaho, bryan christopher kohberger is making a court appearance. there he is in the orange jump suit. >> all rise. >> please be seated. >> we are on the record in the second judicial district, latah county, this is state of idaho versus bryan c. kohberger, cr292805.

mr. kohberger is present in court, in custody, appearing with his attorney miss taylor. mr. thompson, miss jennings on behalf of the state. initial appearance. mr. kohberger, advise you of the rights you have in this case. go over the criminal complaint with you and then we are going to discuss setting the matter for further hearing. you have the following rights. right to remain silent. anything you say can and will be used against you. you have the right to presumption of innocence. that means the state bears the burden to prove that you are guilty of this offense beyond a reasonable. you have the right to a preliminary hearing. a probably cause hearing. state must establish more likely than not the felony offenses were committed and you committed the felony offenses. you have a right to have that hearing within 14 days if you remain in custody. if you are bound over at that preliminary hearing to district

court, if the court finds probable cause, you would be bound over to district court. and at that time you can enter a plea of not guilty and you can have the jury trial set in six months of your appearance in district court. at both your preliminary hearing and your jury trial you have the right to confront and question any evidence or witnesses called against you. call witnesses on your own behalf and compel witnesses be present and testify at the state's expense. you have the right to be represented by a lawyer. if you cannot afford 1, 1 can be appointed to represent you based on your financial need. you also have the right to appeal any conviction in your case. do you understand these rights? >> yes. >> i now am going to go over the criminal complaint with you. count one of the criminal complaint charges you with a felony offense of burglary. that the defendant on or about

november 13th of 2022 in latah county, state of idaho, did unlawfully enter a residence located at 1122 king road, moscow, to commit felony murder, 18-1401, and 1403. maximum penalty for this offense if you plead guilty or found guilty, not less than one year in prison, no more than ten years in prison, and/or $50,000 fine or both. do you understand? >> yes. >> count 2 alleges you committed the felony offense of murder in the first-degree. that the defendant, bryan c kohberger on or about november 13, 2022, did willfully, unlawfully, with premeditation and malice aforethought kill and murder madison mogen, a human being, stabbing her which she died,

18-4001, 4002, 4003, and 4004. the maximum penalty for this offense if you are to plead guilty or found guilty is death or imprisonment for life. do you understand? >> yes. >> count 3, alleges that you committed a felony offense of murder in the first-degree. alleges the defendant, bryan c. kohberger on or about november 13th of 2022 in latah county, state of idaho, did willfully, unlawfully, deliberately with premeditation and malice aforethought, kill and murder kaylee goncalves by stabbing her which she died. in violation of idaho code 18-4001, 4002, 4003, 4004. again, the maximum penalty for that offense if you plead guilty or found guilty is death and/or imprisonment for life.

do you understand? >> yes. >> count 4 alleges you committed felony offense of murder, bryan c. kohberger, in latah county, idaho, did willfully, unlawfully, deliberately, premedication and malice aforethought, stabbing xnan kernodle which she died. the maximum penalty for the offense if you plead guilty or found guilty is up to death and/or imprisonment for life. do you understand? >> yes. >> count 5, alleged felony offense of murder in the first-degree. that the defendant, bryan c. kohberger on or about november 13, 2022, in latah

county, state of idaho, did willfully, unlawfully, premedication and malice aforethought, kill and murder ethan chapan, a human being, stabbing which he died. 18-4001, 4002, 4003, and 4004, and the maximum penalty for the offense if you plead guilty or found guilty is up to death and imprisonment for life. do you understand? >> yes. >> and mr. kohberger, would you like to represent yourself, hire a lawyer or see if you qualify for court appointed counsel. >> i have court appointed counsel. >> court has reviewed your application for attorney at public expense. i do find you are indigent and you do qualify. i will appoint miss taylor to represent you in this case.

miss taylor, have you had an opportunity to speak with mr. kohberger about speeding preliminary hearing and setting this matter? >> your honor, i have. we would ask the court to set the status hearing in a week or two to make a final determination. >> ok. mr. thompson, miss jennings, are you in agreement with that? >> that's fine with the state, your honor. >> i will go ahead and set this matter for a status hearing then on the calendar on january 12th at 10:00 a.m.

we will make sure notice is sent and then miss taylor, do you wish to argue bail at this time? >> your honor, i would like to ask the court to consider setting a bond. mr. kohberger right now is on a no bond hold, but it's a limited request as i don't have enough information. we are new to the case, we have not reviewed very much in the way of the case and just begun or own work on the case but we want want the court to know mr. kohberger [inaudible] >> and mr. thompson. >> state position is mr. kohberger is not entitled to bond in this case, charges as is noted on the arrest warrant

itself. 19-1816-192903, defendant was arrested 3,000 miles across the country, where his family is, and we ask that he remain in custody, no bail. >> at this point in time to 46b and 18 -- 19.816 and 2903, i am going to leave the bail set as no bail at this point in time until i have additional and further information at a later date and time. so with that, then mr. kohberger, you will be remanded in custody, remain in custody on no bail pending further proceedings in this matter. anything further today, mr. thompson? >> yes, your honor. the state is asking for no

contact orders for various family members of the deceased and also surviving roommates. [inaudible] there is no objection. >> is that correct? >> that is correct, your honor. >> so i will go ahead and issue both no contact orders so i do have a no contact order then for the named individual of dylan mortenson, bethany funk, as well as the family members and mr. chapan, the family members of ms. kernodle, the, excuse me, mr. and ms. laramie, miss mogen,

and members of the goncalves family, the specific names will be provided to you, mr. kohberger, by way of being provided notice of these documents, you'll get a copy of these no contact orders. what you need to be advised of and the no contact order, you are prohibited from having any contact with them whatsoever. you cannot contact them through third person, in writing, or by electronic means. you cannot facebook, snapchat, twitter, instagram, use the phone to communicate with them or otherwise any form of communication in direct or indirectly with them. you cannot engage in any conduct that would harass, threaten, harass, any physical use upon them, bodily injury, cannot go where they are within 300 feet of their person or home, workplace or any other place where they might be.

there are no exceptions to these orders and if you do violate these orders it is a new misdemeanor, punishable up to one year in jail or $1,000 fine or both. at this point in time due to being in the magistrate's division here at this juncture i am going to issue the no contact orders for a period of two years and then if it needs to be modified or changed by additional judge it can be done so at that time. is there anything further, mr. thompson? >> no, your honor. >> anything further, miss taylor? >> no, your honor. >> thank you, we are adjourned. >> john: and there you have it, an initial appearance by bryan christopher kohberger in a

moscow, idaho, latah county courtroom as the charges were read to him, most importantly four charges of murder in the first-degree for the death of the four college students at the university of idaho. and sandra, some really interesting information contained in the probable cause affidavit about the murders that shows where the source of the dna was picked up, as well as some other interesting information we did not know about what happened that gruesome morning. >> sandra: including the knife sheath that was found at the scene of the crime, which they then used to grab his dna to match it. the investigators went into his home, grabbed dna evidence from his garbage cans, or multiple garbage cans and were able to match it making for why they were so confident in this case. other revelations from that were that the suspect's phone was traced near the victims' home 12 times before these murders took place. we heard initial reports of

that, john, but this would -- this would lead us to believe that he was following these kids for quite some time. >> john: yeah. for some reason, and i don't know why, there were two other occupants of the house, one of which who in the charging affidavit, probable cause affidavit is listed only as d.m., was in the same -- was in proximity to the alleged murderer, saw him clad all in black with a mask, described him as having bushy eyebrows but he walked past her and out the sliding glass door we have seen so many times. >> sandra: and the car, the hyundai elantra was seen leaving the area at a high speed rate at 4:20 a.m., and not to mention the phone was traced to the area of the crime seen after the murders. a lot we are learning here. chief correspondent jonathan

hunt on all of this. jonathan. >> sandra, the affidavit was fascinating to read, 19 pages in total, and perhaps the most chilling single detail in it was the story of the roommate identified by the initials d.m., who saw this man clad all in black and wearing a mask. she said she did not recognize that man and the only identifier she gave police of him was that he had bushy eyebrows. you can imagine how absolutely terrifying that must have been for her, she had been awakened by noises, looked out the door and saw this man and she locked the door and he left the building. and three very important points, the dna they found on a knife sheath in the victims' residence, that dna was apparently matched with bryan

kohberger, they did the match by going through the trash at kohberger's family home all the way over in pennsylvania, and they say they have a 99% match. then the car you mentioned, the white hyundai elantra, seen on surveillance camera in several instances on the night of the murders near the home of the victims. now his phone, interestingly, was not traced to the area of the residence on the night of the murders, and when the murders happened around 4:00 a.m. but the investigating officer said it is not uncommon in his experience for those intending to commit crimes to deliberately leave their phones in another place whether they intend to commit those crimes. so that officer then ordered a history search on kohberger's cell phone and showed up 12 times in a cell tower in the area of the home where the

murders took place. 12 separate times. now remember, these murders happened on november 13th. those pings from the cell phone go back, according to the affidavit, as far as august of 2022. so the implication there from this investigating officer is that kohberger may have been stalking one or more of these victims for months before the murders actually took place. >> john: jonathan, we remember it was in december the police said hey, be on the lookout for a white hyundai elantra, model years 2011-2013. looks like according to the probable cause affidavit the big break in the case actually came on november 29th, police had asked, this is before it was made public, asked law enforcement in the area to be on the lookout for this car. washington state university police officer daniel tiengo ran

the model of the car and found out there was one in a parking lot at washington state university that belonged to kohberger. sounds that's where the case broke wide open. >> yeah, it does seem the hyundai elantra and the discovery of it on the campus of washington state university was the big break. and you'll remember, john, that we were all wondering why the police were not giving us more information. it seemed to some people as if the investigation was, in fact, stalled. but all the time they were working these leads, it appears they were building the case. a lot more information as they have every right to do than they were willing to release to the public. but tracing that car was critical. and then remember, according to the reporting of our own dan springer, the fbi asked police to be on the lookout for that hyundai elantra as kohberger and his father drove it across country back to pennsylvania, and they actually asked indiana

state police to make traffic stops and to get bodycam video, interestingly, because they wanted to look at kohberger's hands. don't know why they wanted that but might be safe to assume they wanted to see if there were any wounds on his hands, given that we are told at least a couple of the victims fought back at the time of the murders. so, presumably they were looking for any signs of wounds on his hands. they obviously also were conducting some behavioral analysis during those traffic stops, john. >> john: wow. >> sandra: just horrifying. jonathan hunt on that for us as we learn brand-new information on this case. so the next time we will see him in court is january 12th. jonathan, thank you. >> john: bring in criminal defense attorney jonna spilbor, and through the month of december until we heard about the arrest of kohberger, a lot of frustration the police did not identify a suspect, the

families of the four murdered students were all frustrated, in particular the parents of kaylee goncalves, but looks like they had kohberger in their sights as far back as november 29th. >> yeah, and police actually made a lot more progress than any of us, including me, gave them credit for because what we have now as is evident from the affidavit, the probable cause affidavit, a few more pieces of the puzzle. i don't know if alone these pieces will be enough to convict kohberger but i was struck by and read the affidavit very quickly. the fact there is direct dna on a knife sheath that was found at the crime scene is going to be -- that's a big -- a huge piece of evidence. because if his defense was going to be, wait a minute, you got my car, you may have had some cell phone records but that does not put me in the driver's seat.

that does not put me in the house. the dna does, although he may have -- if somebody used his knife, i'm saying if it's his defense he's going to try to mount, if somebody else used his knife, then he could explain that away, too. but he's going to have a lot of explaining to do. today's hearing was standard operating procedure, curious, his attorneys obviously want to dig in and talk to him before they make any procedural decisions in this case. >> sandra: going through the timeline here of what they are revealing to the public now about those phone records, showing precisely when the suspect left his home, this was 2:47 a.m. those kids arrived back home to the crime scene at 2:00 a.m., so 45 minutes after they arrived home he left his residence. the phone records showed he turned his phone off and about 45 minutes later video shows

that car making passes near the victims' house. and then it was about 45 minutes after that that the suspect's car is seen speeding away from the scene. then later on when you see the phone is turned back on, the suspect's cell returned to the crime scene many hours later at 9:12:00 a.m., jonna. >> yeah, which is odd but a very telling way. part of the investigation included his car getting caught on camera by a neighbor's security system which could also very well be part of the big break in this case, and you know, i can't help but also think of a few of the holes we still need filled, like if he were not -- if he were stalking them for months, where was he the night in question when, you know, these victims were out and about. was somebody helping him, was somebody giving him some sort of information. also, you know, one of the roommates who could have been victimized to see a figure in

the house and not contact authorities 'til the next morning. what -- what happened there, you know, why is there such a gap in time in that regard as well. so, we still have some questions to be answered, but it's becoming a little more clear that every time the police came out and said we think we have our guy, now we know why. >> john: we'll have to see how it unfolds as the court proceedings progress and we still don't know what the nature of dna sample was from the knife sheath, skin cells, blood, we'll find that out as the court process goes on. thanks for being with us, appreciate it. >> thank you. >> sandra: update on damar hamlin's condition, an update from doctors in cincinnati just happened, listen in. >> good afternoon, everybody. greetings from the university of cincinnati medical center. it's our privilege today to meet with you and dr. knight and i are representing the many, many

individuals and teams that have helped care for mr. hamlin since the on-field event on monday night. we would like to share that there has been substantial improvement in his condition over the past 24 hours. we had significant concern about him after the injury and after the event that happened on the field but he is making substantial progress. as of this morning he is beginning to awaken and it appears that his neurological condition and function is intact. we are very proud to report that. very happy for him and for his family, and for the buffalo bills organization that he is making improvement. he continues to be critically ill and continues to undergo intensive care in our surgical and trauma icu. he's being cared for by icu neurosurgery, neurocritical care

teams, trauma surgery and cardiology team and expert nurses and respiratory therapists. they are attending to him and he still has significant progress that he needs to make but this marks a really good turning point in his ongoing care. >> we are happy to entertain some questions and i believe representatives from the buffalo bills are going to help facilitate those for us. we can't see the chat, but -- >> we really appreciate -- doctors, this is cameron wolf with nfl network, really appreciate you spending time with us and sharing some updates here. if possible, can you take us through the timeline from when

damar arrived in your care to where we are now, as far as what you guys did with his recovery and where that progress in specific is? >> with the person who just posed the last question -- >> did i come through clearly there? >> nope. >> try again. >> apologies. appreciate you dr. prits and dr. knight for your time and your care in this situation. cameron wolf with nfl network. inquire if you can take us through the timeline from when damar came into your care and to where he is now as far as what you guys have done to get him to this significant improvement stage. >> sure. and thanks for being here today. when i can tell you is that our

team involved significant number of care team involved in helping with mr. hamlin on the field on monday night. he was attended to by four of our emergency physicians serving in the various roles as the airway physician, the visiting team medical liaison, a neuro trauma consultant, as well as one of the team physicians for the cincinnati bengals. as everybody knows, mr. hamlin suffered a cardiac arrest on the field and it was promptly recognized by the buffalo bills medical staff and that allowed for a very immediate resuscitation on the field. he was promptly resuscitated, it did require cpr and defibrillation, and at which point he was transported to the university of cincinnati medical center, he was met by dr. prits and the trauma team and our emergency medicine colleagues. managed and resuscitated and worked up in the emergency department, had some additional

tests in the e.d. and in the hospital and then has been managed in the surgical icu as dr. prits said. it's been a long and difficult road for the last three days. he has been very sick and has made a fairly remarkable recovery and improvement to the point as tim noted he is now demonstrating that sign of good neurologic recovery, and improvement, not just vital signs but other individual organ recovery. >> dr., this is thad brown from rochester, new york. like cameron said, thank you very much for your time and all the work that you've done with this. can you speak at all to the cause of what happened, what caused the cardiac arrest and i think specifically was it simply

the actions that happened on the field or was there something existing that made mr. hamlin, i guess, something that might be susceptible to this happening? >> the answer to that is that work-up is ongoing. we do not have definitive answers as to the etiology of the arrest at this time and the tests will continue to be ongoing as he continues to progress. >> thank you very much. >> hi, dr. knight and dr. prits, matt from wkbw in buffalo, new york. i know you briefly mentioned about what the timeline was like, but can you guys go into a little more detail or explain how critical those first moments were on the field to ultimately get him to this point, and what the doctors and the medical staff from the bills and bengals were able to accomplish in that period? >> sure, i think it just speaks really to the immediate recognition that there was

something significantly and seriously wrong by the bills' medical staff. the team and i speak together, we cannot credit their team enough. they are often, unfortunately, there are injuries occasionally that happen on sports fields, be it football or others, but it is incredibly rare to have something be this serious that happens like that and to be that quickly recognized, what they did was immediately marshal the emergency action plan, emergency medicine services. that prompted the airway physician, emergency physician that was out on the field to be at his bedside in less than a minute. he had a prompt recognition of loss of pulse, which gave him immediate bystander cpr, as many of you know rarely, if ever, happens. and so the fact that mr. hamlin had immediate bystander cpr and prompt recognition of his arrhythmia, to get defibrillated and back to the return of

circulation very quickly, that speaks to that timeline that you were asking about to get the return of spontaneous circulation with immediate bystander cpr that was performed well. all meeting the standard of what we would expect in that scenario is what has led us to be able to discuss these good outcomes today. >> i will second that. you know, the bills' training staff with him immediately recognized this was not a run of the mill injury and they had a significant event on their hands and immediately responded and got the emergency response team involved in his care, and really this was -- went as well something like this could go under very challenging circumstances. and they did a fantastic job which is why we are here today. >> and understanding how complicated of a situation this it ultimately is, would it be fair to say if things would have taken a few extra minutes or a few extra seconds, there could

have been a different outcome here? >> i think that's fair to say. >> all right. thank you both for everything that you guys have done and for this time today. >> john scott from buffalo. you mentioned there are signs of neurological intact. what have been those signs that you have seen from him that give you the reasoning to make that assessment? >> we are in the situation where we wanted to allow him to gradually wake up as the rest of his body was healing, and last night he was able to emerge and follow commands and even ask who had won the game. >> and timeline-wise, i'm sure you don't necessarily deal with these events regularly, but how common is it from monday night to now for that sort of improvement to be made? >> the answer to that is it's variable. we do manage postcardiac arrest

patients routinely as part of critical care in all of our icus and it's variable, it speaks to his age, his incredible fitness, and then again i don't think we could emphasize enough the immediate medical response. the fact that he had highly trained professionals from the buffalo bills in addition to having paramedics, emergency physicians, respiratory therapists at his bedside in less than a minute from the collapse, that speaks to the ability with good profusion to his brain to no identifiable neurologic deficit. >> dr. prits, i want to follow up on something you said. that damar spoke last night. >> he did not speak. he was able to communicate in writing. and he is unable to speak with us yet as he still has a breathing tube in and we are still assisting him with

ventilation. so when he was communicating with us last night and again today, that's been in writing. and to paraphrase one of our partners when he asked did we win, the answer is yes, you know, damar, you won your life, and that's probably the most important thing out of this and we need to keep him at the center of everything else that's going on, and we really want to ensure a good outcome for him. >> hi, this is todd dikes from cincinnati, and doctors, i know so many people are so grateful -- >> sandra: we are going to continue to monitor this news conference happening out of cincinnati at this hour. this after damar hamlin woke last night and doctors are reporting he is making substantial improvement. he's not speaking, he is still on a breathing tube but he woke and in writing asked when he

woke who won the game. the doctors told him he won the game of life, his neurological condition and function is intact, the doctors said, he is still critically ill and in the icu and taken care of there, but making improvement, john, god bless him. >> john: the best news there is no neurological deficit. they will obviously deal with the condition of his heart and other things as the days and weeks progress, but the fact there is no neurological deficit is fantastic news. hey, we want to go back to the house of representatives, right now on the floor is andy biggs nominating byron donalds for speaker of the house. >> almost three times that. both parties share blame in that. we have to bring that under control. you bring that under control not just by changing the rules of the institution, but by changing

the leadership. and i'm told this process is painful, it's embarrassing, i'm told. you know what it is? it's not dysfunction, and it's not imperilling. what it is is the exchange of ideas and expression of support for people you want to be your leader in the next congress. i think it's incredibly healthy, actually, for the american people to see that we are on the floor. something that my colleagues across the aisle so rarely like to be. they enjoy the proxy voting, i guess. they have sat there, i'll give it to you, they have laughed and chuckled and pointed fingers at us and said oh, see here, but you know what, as my friend from

florida just said, we are together. we are having an internal fight. it's n displayed, i wish it wasn't necessarily being displayed and the american people could see it but i'll tell you this. when this is over and done with, i know which side of the aisle is going to be laughing and it's going to be the side that is unified in taking on the issues that americans care about. the issues that this side has not only ignored but has put upon the american people. we used to be energy independent, seems so long ago. two years ago, actually. we are going to restore american energy independence. [applause] you know how you reduce inflation, you stop devaluing your currency, you stop blowing out the waters by spending

$1.7 trillion on an omnibus bill that has how many thousands of earmarks in it. you start taking on crime, you start fighting violence, you start fighting the overgrowth of our budget and restore our economy. you start incentivizing jobs, you recognize that the american middle class is being squeezed and those who are with more difficult economic circumstances are being squeezed by an economy that has this inflation that attacks energy. you bring your border back under control. this side is going to bring that border security under control. we recognize it's a crisis. it's a crisis when in 2020 the yuma sector had 9,000

encounters. not for five-day period, but for an entire fiscal year. under this administration with these policies, that 9,000 encounters is about a five-day period in the yuma sector today. you don't know what it's like unless you see that happening. we are on a suboptimal path. it has to change. and to make a change it can be difficult. it can be short-term uncomfortable. but when you move to the correct path, all of a sudden things ease up and you can start having success. the direction here in my opinion is to someone like a byron donalds. a man who is living the american