attorney kim wehle and new york city prosecutor paul callan.ice sotomayor raised the issue that the mississippi lawmakers who proposed this law said in public they did so because there was a new conservative majority on the court. have a listen and we'll get your reaction. >> will this institution survive the stench that this creates in the public perception that the constitution and its reading are just political acts? if people actually believe it's all political, how will we survive? how will the court survive? >> justice sotomayor, i think the concern about appearing political makes it absolutely imperative that the court reach a decision well grounded in the constitution, in text, structure and goes along with the stare decisis factors. >> casey did that. casey went through every one of them. you think they did it wrong. that's your belief, but casey did that. >> kim, you know the law better. what's your view on that? by the way, i remember during all these justice's confirmation hearings them saying, yes, of course i'll respect precedent.

i want to bring in criminal defense attorney and cnn legal analyst paul callan. ing this case. i wonder what your reaction is to the verdict and the likelihood of them actually having a successful appeal? >> i was not surprised at all by the verdict, anderson. you have an actor here who took the stand and testified and the jury expected him to tell a compelling, believable story. in fact, the story he told was totally unbelievable, that he was attacked by two people that he knew. his exercise instructor and nutritionist and one of them actually is somebody he has been sexually intimate with, but that he could not identify at the time of the initial attack. and the story was totally implausible from the beginning, and the jury saw right through it. on the issue of where it's going to wind up sentence wise, i think this perjury question that you raised a couple minutes ago is going to be very, very important. i think the judge is going to look at this and say number one, what an enormous waste of resources for the city of chicago, a city that is haunted by really vi

joining me to talk about the legal implications of this, paul callan, former new york city prosecutoren looking at the warrant here. you say it has a lot of unusual detail. what kind of detail? >> yeah, jim, it is a remarkably detailed search warrant. usually a search warrant merely has to establish that there is probable cause to believe that there is evidence relating to a crime on a cell phone or in a certain place. this warrant, however, outlines in detail the entire investigation that has been done to date with respect to "the r "rust" shooting. alec baldwin was issued his miranda warnings when first questioned by the police. you usually don't get miranda warnings unless you're considered to be a suspect in a murder case. or any kind of a criminal case. so that's unusual that they would have at that early date issued miranda warnings to him when they spoke to him. but it is full of other details as well. for instance, the armorer who has been the subject of the investigation also has stated that she loaded the gun with five rounds before lunch and then left it with the camera cre

let me bring in cnn legal analyst paul callan for more. good morning, paul.o see you. >> good morning, poppy. >> the judge told attorneys she wants to avoid a mistrial as a result of this variant. they're worried about jurors getting sick and being out. what do you make of where we are? more than ten questions have been submitted by the jury that has been deliberating for more than six days now. >> that's an astounding number of jury questions. i can't remember another case through the years where a jury has sent so many questions back to the court. usually they've given up by that time, by five or six questions, can't reach a verdict and they're begging the jury to -- the judge to declare a hung jury. this is a hard working jury. they're obviously working hard to reach a consensus. and my sense, poppy, is that you probably have an intrenched minority of the 12 jurors, maybe three, somewhere in that range, got to be two or three to be able to hold out against the others, who are saying, this should be an acquittal, where as the majority is saying this should

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also joining us, paul callan, criminal defense attorney, former new york city homicide prosecutor andegal analyst. anthony, um, as a former officer, what stands out to you about this video? i mean, the thing that i am thinking about here is okay, they are dealing with a suspect with a heavy bike lock. that use of force -- i -- i assume is going to be looked at, whether that was appropriate? >> the use of force must be looked at. at the time the officers make contact with the suspect who, in my opinion, clearly was going through a mental-health crisis. was the use of the patrol rifle justified? and, jim, if you're going to fire a 223 round inside of a department store, those rounds can easily rip through a body and keep right on moving through drywall. so, the use of force must be looked at. >> and the thing that i keep coming back to is this is lapd. i mean, these should be experienced officers who understand these questions. and, paul, legally speaking, walk us through how this investigation will work. this young woman's death has been ruled a homicide by the medical examiner. is it

charles ramsey and paul callan, thank you so much.e'll be speaking to the oakland county, michigan, sheriff in our 8:00 p.m. eastern hour. stay tuned for that. >>> president biden and russian president vladimir putin, they plan to talk by video conference on tuesday about an alarming build-up of russian troops on the ukraine border. today, the u.s. army chief of staff estimated about 100,000 russian soldiers are already there. and it's believed another 75,000 could join them. president biden warned on friday that he would make it, quote, very, very difficult for russia to launch an invasion. cnn's joe johns jones me now from the white house, and joe, ukraine is clearly worried at this point that a russian offensive is possible. how concerned are american officials that this could happen in a matter of months? >> reporter: they are concerned about it, and they don't know exactly what's going on, but first i have to say that jen psaki, the white house press secretary, put out a statement just a little while ago confirming, as the kremli

joining me is cnn legal analyst paul callan, he's a criminal defense attorney and former prosecutor. ul, in cases like this, i can hear myself doing the radio show. and the call comes in and it's someone who says, what about the parents? where were the parents? but this is pretty rare, isn't it that there actually would be a prosecution? >> it is, michael, it's very, very rare. especially on a fact pattern like this. in the past, i have seen parents charged but it tends to be a situation where the parent is a police officer, maybe a correction officer, doesn't secure his firearm back at his apartment or home. and a toddler gets ahold of the gun and maybe shoots another child that he's playing with. that sort of thing. that's the kind of reckless use charge that we customarily see. now, this is something very, very different. this is really involved the parents and being charged in connection with a mass shooting because of their own negligence in not securing their weapon from their own child. so, we haven't seen charges like this in quite a paul. >> paul, i'm glad you used the word "

this world very well, cnn legal analyst and former new york city prosecutor now defense attorney paul callanin dispute in this case so what's the issue? >> well, the real issue is how the jury is going to respond to this fact pattern. prosecutors are saying that the police officer involved, officer potter acted recklessly and negligently in mistaking her taser for her police pistol, her glock and that that alone is a crime under minnesota law and this was an unreasonable use of force and she's facing manslaughter charges, manslaughter in the first degree and manslaughter in the second degree. >> i want to show a photograph, it's a side-by-side comparison of the taser versus the firearm. what's the significance of this? >> well, i think it's a demonstration that it's really tough to mix these two weapons up. the taser is colored in a different way. it's a slightly different size and the jury actually heard testimony that traditionally the police officers involved wear the taser on their less dominant side and the real gun on their dominant side and that's exactly what officer potter did. she

. >> paul callan, always good to talk with you. appreciate it, thanks. >> thank you, erica. >>> just ahead, president biden sending a message to vladimir putin that invasion of ukraine will not be tolerated. we'll speak with one of -- one congressman pushing for stronger actions against russia to talk about what comes next. >>> plus, democrat plans to introduce a formal resolution to strip republican lauren boebert of her committee assignments over her anti-muslim remarks. this as the colorado wrongwoman injects herself into another controversy offering her own family gun photo. >> those are children. >>> next hour, opening statements in a manslaughter trial of kim potter, the former minnesota police officer who claims she mistook her gun for a taser, her taser for a gun when she shot and killed daunte wright during a traffic stop. feel stuck with student loan debt? ♪ move your student loan debtbt to sofi. earn a $1,000 bonus when you refi-i— and feel what it's like to get your momoney right. it's the winter jewelry sale. get 25% o

joining me now, cnn legal analyst and former new york city prosecutor paul callan and a criminal defensell me about what the jury is looking at now because, first of all, you don't always get a defendant on the stand testifying in his own defense. secondly, you've got these two brothers who say this guy hired us to do this, you have corroborating evidence to that, and now what you have is jussie smollett, who is an actor, saying, no, no, no, it didn't happen. >> exactly. exactly. here you have the makings of a great show, money, drugs, sex, and empire. so the jury is left with a tough task, how do they evaluate the credibility. they heard from two sides, why normally they hear from one side, the prosecutor, who has to prove the case beyond a reasonable doubt. what is the jury going to have to do? when i heard his testimony, i heard his testimony, they're pointing the fingers. the prosecutor is going to have to drive that jury to focus on the facts, they were selected to determine whether jussie smollett committed these six counts of disorderly conduct. now, with this witness testimony, n

just to take the adverse position to my esteemed colleague, paul callan, the defense hammered away one victims. they spent a lot of time on cross-examination of not only memories but also motivation with respect to money, et cetera. if you're asking for read-back, you have issues with respect to what the victims are saying and whether it's credible and whether or not their memories are indeed faulty. remember, the defense also got a psychologist to speak to that very issue. to your question as to what could be happen, you're looking for victim's testimony, you want transcripts read back to you. with respect to the butler, housekeeper, property manager, however we want to phrase him, yes, he mentioned, i'm sorry, the sex toys issue. but you can have things like that and not necessarily applying them to minors. i don't mean to muddy up and confuse the issues, but that's exactly what the jury is doing. they're confused. and they're kind of unsure. when it harkens back to things that happened in 1994, 2004, they want to get it right. so as they go home, i think the confusion sticks with t