for some traffic violations inside. they found 65 firearms, which police alleged that mr. king mclean was trying to smuggle into canada now to piece this all kate police say that what happened is that, that those gold bars were then melted down. they've only recovered in fact, about 91, actually about $70,000 worth of the gold. it was all melted down. and in fact, sold for cash. what happened with that cash? it was then funneled into an elaborate gun smuggling operation. and kate, this really points to what's going on on both borders, right? you have both the northern border and the southern border. were gun running is really becoming a lucrative business for organized crime. and this is the kind of plot that unraveled police say at toronto's airport, they invested investigation, i should say, is still underway i mean, it'll elaborate and i you tell it so

while but it is amazing the twists and turns, it's taking d mastill take. >> thank y, paula,t's good toee you the next hour. i've seen a newnenews ctr starts now all right. >> happening now, just moments ago, donald trump arrived at court, ec on his way to a major rebuke from the judge over social media posts about the jury. a critical day for house speaker mike johnson putting his job on the line for a vote on ukraine, how many republicans are now pushing? thank for his ouster and stay tuned to see what the world's most dynamic humanoid robot can really do? no, not me this is science. i'm human being john berman with kate bolduan and sara sidner. and this is cnn news central regulators for your were standing by right now

to potentially hear a brand new direct message from donald trump before he heads in court for the third de of his historic criminal trial. >> moments ago, he arrived at the courthouse. as you heard in john, and if the first two days or any indicator, you will likely stop before camp morrison say something, but it is something he's already said rather posted. that's raising serious legal alarm this morning. will the judge admonishes him again, cnn's kara scannell is live outside court care. you are about to go inside where you've been watching this unfold what will you be watching for as? yurii selection resumes and after this truth social post by donald trump let's there. >> i think that truth social post is something that we're all looking to see whether that is addressed. this morning, either raised by the prosecution or if the judge takes it up himself, mean in this post-trump says that they are catching undercover liberal activists line to the judge in order to get on the jury quoting a fox news host. but

the big question here is, does this violate the gag order, which specifically says trump cannot not make any statements about perspective jurors or jurors in the case. the judge has already considering whether trump violated a gag order for other statements he made earlier this this week, there's a hearing on that next week, but as we're in the middle of jury selection, big thing is will the judge bring this up? and just a reminder on tuesday that it was the judge himself who pointed out in said he wanted to note for the record that he is heard donald trump uttering and gesturing in the direction of one of the jurors during jury selection, he said he put that on the record. kurt and he said to trump's attorney that there will be no intimidation of jurors in this courtroom. i want to make that crystal clear and instructed trump's lawyer to speak to him, which he did. so this is clearly something of concern to the judge. big question is, does he bring that up? and what what is the fallout from that once that issue is settled though jury selection is expected to get underway. for way again,

remember, we have seven jurors who are already seated today. they are bringing in a new panel of 96 jurors, and we will start this process all over again. the judge will ask if anyone feels that they can't be fair and impartial. those jurors will be excused if anyone else can't serve given the length of time or for other reasons, they'll be excused that will have the masses jurors go through that questionnaire, begin the lawyer questioning and then strikes and see if we can get to 12 jurors and as many as six alternates. by the end of the week, sarah, it's anything like what happened on tuesday. this could go quite fast, the judge saying that potentially opening statements might start even on monday, kara scannell. thank you so much for all your reporting from inside cord and out joining us now on this is cnn senior legal analyst, former assistant us attorney for the southern district of new york, elie honig and criminal defense attorney and former federal prosecutor, seth waxman. >> it's good to see you guys. >> le let's start with the social media posts that kara scannell was just laying out. >> how close to the line did he get? do you think it's a violation of the gag order i do

think it's a violation, kate, i think it's over the line. >> if donald trump had simply typed out what he typed out, but not put quotation marks around it and attributed it to jesse watters. it would be a straight down the middle flagrant violation of the gag order and i don't think donald trump's gonna be able to convince the judge that he can get around it simply by attributing it to somebody else or taking something that somebody else said and re-posting it. and i want to note this case, there are a few different classes of people, groups of people who are protected by this gag order. there, there's witnesses, there's court clerks, there's family members, but the jurors because are the most important, the most sensitive needed need to be protected above all else because, because the concern always is jury, any kind of intimidation or perception of intimidation, all of that wrapped into into that you and i talked about this. >> not this exact social media posts, but the cons, the idea of on tuesday obviously up to the judge to decide what penalty if any, to enforce.

realistically, what do you think could happen here well certainly he can start off by finding donald trump and continuing to increase those fines. >> if the violations continue as you and i last talked, the remedy of incarcerating him is on it could be out there. i don't think that's likely, but he has a whole host of other tools. for example, he could tell donald trump, look, do you have a sixth amendment right to be here to confront witnesses against you, but that's not absolute. and if you continue down this path, i will remove you from this courtroom. and then if you continue posting on social media, i can confine you to your house. i can put an ankle bracelet on you and ultimately, i can take away your social media. i can take away your internet access so that would be many steps down the road. but this judge is going to have to do something to contract to try to constrain donald trump to make sure he's following the judge's rules. >> le let's talk about what's going to start back up today jury selections resuming very soon. a brand new panel of

potential jurors about to walk again how are they going to narrow down this pool of prospective jurors to fill these last five spots. what do you think okay. >> here's here's how the process is going to go today. the judge's starting with a brand new panel of 96 potential jurors. and the first two questions he's going to ask are a do any of you have a hardship a job-related issue that prevents do from serving as a juror and b, are any of you so biased for or against either side in this case that you just don't think you could be fair and what the judge did the first time and he's going to do again is essentially anyone who raises their hand in response to either of those questions, you're out. no questions asked. and last time that cut the pool by more than half, they lost 50 people. whoever remains after that we'll then go through the questionnaire, the 42 questions that we see. we see some samples here up on the screen. >> after that, the judge will decide if they should if they can stay on the jury based on their impartiality. >> and then after that, the parties will get to exercise what we call their peremptory

challenges, meaning they can remove certain jurors. they don't like for any reasons other than racially discriminatory reasons, each side has four of those challenges left and we'll see what this yields last time it yielded seven. if we get another seven more out of this pool, will have 14. we need 12 plus up to six alternate, so we could get pretty close to that number at the end of this process. >> and seth with four peremptory strikes left on either side, if you're at the council's table and you can pick which either sayyed, if you'd like. >> how do you plan to use these strikes when you're down to four? yeah. it's a chess game. i mean, you're sitting there holding back some strikes to make sure that if some juror at the end of the whole pool process is still there and that has not been struck for cause and is against your sayyed. you want to have something in your back pocket to make sure that that one bad juror in your mind doesn't get on that jury to try by this case. so it's a game of chess and it's an art, not a science. >> so elleithee, the prosecutors have also revealed

some of what they would be bringing up while it well, potentially cross-examining trump. that is the big if if he would take the stand, it's things like recent verdicts against him. where he was found liable for variety of things and how he who is fine for fined for violating a court order by publicly attacking a judge's law clerk in another case. >> does this list does a list like this as i'm painting in broad strokes, do you think it makes it more or less likely with the defense team knows about it that trump would actually take the stand well, less likely for sure. i think we were already pretty close to 0.0 and i think this will make it even less likely than that if that's mathematically possible here, the purpose of this filing yesterday is to warn a defendant. it's a standard filing in new york state court. and what it says essentially is if you choose to take the stand, you have that right? >> we will of course cross-examine you about what we believe prosecutors believe is your guilt in this case, but also, we're going to ask you about these outside things that we believe bear on your

truthfulness and credibility. >> now, the judge has to review these all he has to vet them all, but to take one example, the fact that trump was just found liable for the civil fraud for inflating in the assets. i think the judge is likely to look at that and say sure. that bears on your credibility. so donald trump in his lawyers are going to have to make a complicated and high-stakes decision when the time comes, whether he's going to testify, but i'm not holding my breath but i do love your legal math. it's good to see you guys. thank you so much. john, i was told there's never masked on the show, so i don't know what we do now, i was told there would be no math house speaker mike johnson says, let the chips fall where they may as he pushes to pass aid for you crane. now those chips are falling. new reporting on the efforts to oust him the kennedy family, making a major show of force against one of their own rf hey, junior, we've got new reporting on the plans for today and a woman detained by police who say she took her dead uncle to a bank to try to get alone.

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it's what dogs are supposed to be eating. no living beings should ever eat processed food for every single meal of their life. >> it's amazing to me how many people write in about their dogs changing for the better the farmers dog is just, are our way to help people take care of them every weekday morning, cnn five things has what you need to get going with your day if the fiber central stories of the morning in five minutes or less, cnn's five things with kate bolduan, streaming weekdays exclusively on macs any moment now the house foreign aid package will face its first major test as the political future of house speaker mike johnson hangs by a thread because of threats from, in his own party. >> some republicans are urging johnson how to change house rules, raising the threshold required to oust a sitting speaker currently, as you will remember, a single member can force a floor vote on a motion to vacate e speaker's chair. it's part of that deal that kevin mccarthy made two become

speaker last year. it's what ended mccarthy speakership. and now it's threatening nonsense some rank and file. republicans when johnson had changed the rule by adding it to the foreign aid package, the house rules committee is set to consider that in less than an hour. cnn's lauren fox is live outside of democratic congress caucus meeting at this hour. what are you hearing from leadership? are you hearing anything from the democrats because it looks like johnson is going to have to reach across the aisle hello. to try to get this done yeah. >> i actually just spoke briefly to democratic leader hakeem jeffries as he entered that room, he said this is a conversation that his caucus needs to have. he looks forward to listening to members as he hears their concerns. is there questions, their views, but they have not made an ultimate decision as a caucus yet. and there's really two scenarios that they are looking at potentially having to help with right now, sarah, let me walk you through both of those the first of them is this question of whether or not they are going to help with the rule

related to these three supplemental packages. >> if that's all that's included, just getting over that threshold, there's a lot of support from rank and democrats that i have heard, i just talked with one of them representative dan kildee. >> he said, while traditionally, it would be the role of republicans to pass those rules to get this process too. the floor, he realizes that in this moment of global insecurity and may be important, it may be in the world's best interest for democrats to help. now, there's a separate question. if that rule does include a change to the threshold of how many people it takes to try to oust to speak get on the floor. that becomes a lot more complicated for democrats and they are arguing that that would add a complication. another level, speaker mike johnson has not ultimately decided if that's a route that he wants to go, but there are members who are telling him that this is an opportunity to make that change the question for democrats is that seen as sort of helping the world at the same time as helping the

republican speaker. that could be much more complex okay. did for democrats to figure out, so this meeting that's happening behind me, critical to deciding what the next few days look like, not just for this aid package, but also for the future speaker mike johnson. >> more complications is never a good thing in this particular congress. lauren fox. thank you so much for your reporting. their john all right. with us now, is congresswoman anna paulina luna, a republican from florida congresswoman. thank you so much for being with us. let's just do a bit of a whip count here. if we can, as things stand this morning how will you vote on aid to ukraine as of right now, i'm not going to be voting for the rule and i would like to point out that the previous commentator you're actually brought up a serious question on. well, this actually benefit the world and i think it's important for the american people to know that within this package that they're trying to bring to the floor, there's actually funding of both sides of what's happening in israel as well as with hamas. and i simply can't get behind that. but as far as it goes with the

rule and i know that she just had addressed whether or not there would be something within the actual legislation that would have a motion to vacate. i would urge the speaker not to change that, and i also so know that there are democrats that will also not support that because that is a parliamentarian toolkit that has been around since the time of thomas jefferson and actually empowers the people that's the representatives soccer. >> so you're against the rule. your against raising the threshold on a motion to vacate. where do you stand right now, if there is a motion to vacate? >> the. first thing that i have always done and i know it's kinda rare in washington, but i listened to my constituents. so one concern that i am hearing from my constituents is, is this case costco him to be good for the house in november. and so what i would urge people and what i have urged, not just speaker johnson, but my colleagues is i think right now, sometimes the best way to diffuse a situation, as you know, tempers are pretty hot here in washington is to take a step back and just calm for a moment and i would encourage

all of my colleagues to do so, you know, when you're legislating with the hothead, nothing is accomplished for the american people. and i think that it would be a net negative. >> so that means you're against right now the motion to vacate as of right now, i'm leaning towards no oh, yes. but again, it changes things that they're trying to change that threshold because ultimately into new speaker mccarthy's credit, what happens is, is you're removing the power from the representative unless the american people, and we have to ensure that first and foremost, we are legislative for them. i'm not any one person or individual. and as you're seeing right now in washington much to my disappointment, you're seeing both sides fund the war in the middle east, okay? staying on ukraine for a second here, nancy pelosi, the former speaker, called speaker johnson's decision to hold a vote on aid to ukraine courageous. >> what do you think about that? >> i think as of right now, that's likely not even going to happen because as you know, those different bills are supposed to come to the floor under one rule for those who might be asking what that is,

that's a parliamentary procedure that would allow the legislation to be looped onto one yes or no vote to come to the floor. but again, i went to actually pull it and i met with ukraine in parliament. and the reason why i've been so vocal not only about actually ensuring that we know where that money is going, but really, i think being hesitant about sending more is because of the fact that it was told by in a bipartisan delegation by the ukrainian parliament speaker that they were trying to create a mercenary army with the equipment that we're giving them after russia leaves crime emea, and i don't think that we should be funding that either. and so again, you know, a lot of this messaging doesn't get out there to the american people. but what i will say is that if the speaker wants to truly pow representatives on both sides, he needs to separate these bills. i need to bring them to the floor separately and let the representatives vote for their constituents. >> there will be separate votes ultimately on aid to ukraine in a israel and aid to taiwan. i do understand that ultimately it may be repackaged as one thing when it moves to the senate, i also want to ask house speaker mike johnson said his his son is about to enter the naval academy. first of

all, congratulations to this on an to the johnson family. >> and he says he'd rather have the ukrainian military equipped to fight putin. >> then forced his son to do it. what do you think about that? >> i mean i'm an air force veteran and my husband was shot in afghanistan in 2014. so i first and foremost, no, definitely the unfortunate blood that is shed by this country and our young people as a result of people appear in washington making decisions and what i will tell you is currently right now with ukraine while we are sending money over there there's no accountability, but i think even furthermore, remember, ukraine chose to not join nato. they also, in addition to that had decisions that they made early on that would basically enable them to support what we're doing here in the united states as far as fighting that, and they chose not to. so again, it is not our fight to fight. we've given them a ton evade. we've given an id so much aid that we could have funded a second marine corps. i think that if you go to what's happening right now with the inflation that we're seeing in this country. and addition to,

let's take student loans let's for example. and yet we're funding a foreign government. i simply don't agree with that but it was also able to, nato and the united states and others who didn't want ukraine to enter back what it was an issue initially, i do after fully pushed back on that because i disagree, but i'm sorry. >> i appreciate that very much if a motion to vacate does come to the floor, we just heard from democrat jared moskowitz. i also heard from democrats credit member tom suozzi that they would try to block the motion to vacate if it is democrats who ultimately saved the speakership for mike johnson, what will that tell you? >> i mean, look, i think that that's going to have to be something that will unfold in real time. but again, i think that mike johnson has a very clear decision to make. he knows a sentiments that exist within his republican conference, and he's been on record multiple times. i'm saying that he would not support ukraine but then also too. i just heard him say that he hasn't made a decision on changing the threshold in a motion to vacate, so i don't

know that that will actually come up, but what i can tell you, it is my advice to the speaker and my advice to this republican body is to give people a few days to calm tempers. because as you know, no decisions will be made that are good but for the american people when there's hotheads. but again, i mean, i would not think that that would be best for republicans speaker rep. anna paulina luna. >> appreciate you being on this morning. thanks so much. >> thank you write just in the fcc launched an investigation a short time ago after 911 stopped working for a of people were getting new information about these outages and just minutes away from the opening bell on wall street futures pointing higher this morning, some willis welcome green there after some four days and red, it's been a bad losing streak for the markets. >> one of the worst since the beginning of january. the downward trend sparked by fears it's over high interest rates, and that anxiety is driving down stocks for tech companies

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so next hour, president biden is heading to philadelphia where he will get a major endorse endorsement from the kennedy family. >> this is more than just a show of support it's a show of force from one of america's most storied political families, more than a dozen members of the family will join biden at today's event,

pointedly shunning the third-party campaign of their own family member robert f. kennedy, jr. cnn's kevin liptak. is that the white house? kevin, what is this? what is this meeting? what president biden hoping to get out of this meeting, and this endorsement yeah. >> i mean, it's quite a moment. president biden really trying to harness the legacy of the kennedy family and ordinarily that wouldn't necessarily be a huge surprise. this is the most storied family and democratic politics. but the intrigue really comes with the backdrop of the third candidacy of robert f. kennedy the junior he's obviously a kennedy family member himself, but his campaign has already been rejected by so many of his relatives who were alarmed at some of his more controversial views. but also fearful that he could syphon off votes from president biden from democrats who might see the kennedy name on a ballot tick box without necessarily knowing some of his

views. and in an election which will have the narrowest of margins that could in their own fears tip the election to president trump. and so what you'll see today in philadelphia is 50 and members of the kennedy family joining with president biden, he'll be introduced by kerry kennedy, who is rfk juniors, sister, and i've seen some of her remarks. she's really going to try and lay out the stakes of this election. biden versus trump. and she did preview a little bit of what she would say earlier this morning, listened to what she said well i think, you know, no but competes with the president biden when it comes to carrying on the legacies. john kennedy, robert kennedy, and ted kennedy. he's spent his whole life for a king on behalf of working people. good bore hurts he marched with the uaw and hope to end that strike early. his it's an

extraordinary leader, so i think there's no competition with him. we need to ensure that he's elected now, after the event today, biden will join members of the family in an organizing event. >> he'll be introduced their by another member of the klan, joe kennedy, the third who is biden's the special envoy and northern ireland afterwards, members of the kennedy family will make phone calls, knock on doors on biden's behalf. now, president biden has long espoused his love for the kennedy family. he has said that rfk sr. was a political inspiration to him. he has a bustos rfk senior in the oval office and the kennedy family has telegraphed its support for awhile. you'll remember they all pose with biden in the rose garden on st. patrick's day without rfk junior there to join them. so certainly today, and attempts to demonstrate that rfk junior doesn't necessarily represent the kennedy's political brand and

certainly president biden very eager for their endorsement. >> kevin, it's great to see you. thank you very much. john. >> all right. so just in the fcc has announced it is investigating ongoing 911 outages across several states, dispatchers and texas, nevada, the raskin, south dakota, all reported issues overnight. we understand most service has been restored, not all, and there's also no word yet on the cause with us now cnn's chief law enforcement and intelligence analyst, john miller, who literally just ran into the studio with me. so john what have you learned here? what's going on so what they started experiencing in las vegas was glitches in the system over the last couple of weeks, which they were able to with their own technical people overcome what happened last night in las vegas in south dakota was a system failure. >> what they could do is they could get text messages from 911. color is using cell phones. they could see hardline phones in houses calling, but they couldn't answer those

calls. but because they captured the data, they were able to call them back on hard lines and say, did you call the police so they worked are rounded but the question is, what happened to multiple 911 systems at the same time across the country. now, one thing that we've learned this morning is that the same provider, the same technical company, provides 911 service for las vegas metro and south dakota so one logical question, where are they doing a systems update overnight to correct some of the glitches from before, did the system crash? it's exactly what we saw with at and t going back a couple of months where it was an internal thing or two, as we've seen, the warnings from dhs, as we saw an ad lavanderia is reporting yesterday about russian hacking into a texas water system command and control of critical systems has been under attack by hostile foreign powers. now that's a giant leap and they have a lot of sorting out to do, going

through logs, going through records within that system to figure out what occurred internally, whether that was generated by the system generated from outside the system are generated from outside the country. okay, so there are two different things here. one, new information that you're just providing here, which is that there is some link between the different locations here because that was mysterious all morning long. why south dakota and las vegas antenna x is now we know at least that there was a tech company involved with all four. but the second question is the one that i think is the one that most people woke up to in raise an eyebrow, which is how did it happen? how difficult will it be? to prove one way or the other if this was a tech glitch or some kind of tech attack. >> so that's a fascinating question because the answer is, it can be very difficult. now, on the one hand, if it's the, it's the technical provider and that was something that happened because technical things happened. that's going to be between those agencies

and the provider, but if it was a hostile actor, and instead of getting into the individual city, states, south dakota city, las vegas, they got into the company's system? yes. >> and we're able to send wrong signals two commands that would be another thing the way that the chinese for instance, work in these hostile environments are something that they call living off the land and that's when they get into the windows operating system and they start performing tasks that look like and act like the windows operating system. >> so it can be very hard to detect. it's going to take time. >> john miller, great to have you here with this update. appreciate it. >> all right. john and john, we have the breaking news to share with everyone out of the trump trial this morning? one of the m panel jurors has now been excused, so we had seven jurors. now, there are only six cnn's brynn gingras is outside the courthouse. she has the details for us as to what

happened this morning. i hear that it involves the oncology nurse who was on the jury as of this morning yeah. >> and is now dismiss like you just said, this is breaking news, sarah, this oncology nurse is woman in came into the courtroom today and told the judge that she wanted to be dismissed because she was feeling that she wasn't going to be fair and impartial as the judge. of course, has requested for this monument mental trial. and in discussion with judge juan merchan, she basically told the court that aspects of my identity have already been out there in the public yesterday alone. i had friends, colleagues, and family push things to my phone questioning my identity as a juror that coming from our colleagues inside the courtroom watching this happen in real time. and essentially because of that, the judge sort of reminded everyone that this needs to be an anonymous jury that members of the media and elsewhere

really cannot get into very detailed things about descriptions of these people. because of this reason and said basically that we probably lost a very good juror right there. so again, this is this is the hurdle. one of the hurdles that, that could happen and did happen when it comes to trying to seat a fair and impartial jury for a trial that involves a former president like donald trump obviously, a lot of media attention around a lot concerns for the people that have been called into this jury pool as prospective jurors. it's what we have seen throughout this process. we have reported on monday and tuesday as these to spective jurors went into the courtroom, concerns from some of them, even from some of them who were picked and empaneled. then looking down, biting their lip, feeling nervous about the fact that they are going to take on this trial as a jury member. so here we are. yes, we had seven as of just a few minutes ago and now we are down

to six. so the task at hand today and into tomorrow r0 and maybe even further than that is to find six more jurors. now sarah plus the six alternates as well so there's plenty of work to do. beringia and grass. thank you so much. i want to continue the conversation now and break down all of the things that you said with elie honig? ellie, first of all, how unusual is this that they had in paneled hershey was part of this jury and now she has said, look, i cannot be impartial in this case, but she also brings up a really good point, which i've been asking about, which is i am being identified by my friend. there's enough information out there that it has sparked people asking me whether i'm on this jury and she supposed to be anonymous so sarah at is unusual, not unheard of, but unusual to lose a seated juror during the selection process. >> overall, looking at this, it's a hiccup, not a major hiccup in the minor sense. but if we he look broader, it could be suggesting a bigger problem ahead. now, what this juror

dead according to brin's reporting, is when into the judge and she said, i don't feel like could be impartial anymore at that point. you hav to let the juror ago and by the way, theacat we' still in jury selection makes it much easier to release a juror. i gets much more comicated if this were to happen during the trial. but i think you went brent hit on the bigger issue here, which is it sounds like the reason this juror had reservations is because she had essentially been identified by her friends based on the publicly available information about her. and this could be an ongoing issue now, look, it's the courts responsibility. it's the party's responsibility to protect the jurors. it's the media responsibility to report on what we know. >> but if we look at the details that we know publicly about the jurors that have been selected so far. >> it's probably not hard at least for their friends, their acquaintances to go oh, my gosh, that sounds like it could be so and so and as happened with this juror, she said she got a bunch of contacts from friends saying, is that you and so that may well repeat itself

with some of the other jurors and the court's going to have to figure out a way to not just lose this entire jury one-by-one, or to have this whole process go off the rails? >> elie, how would the judge do that? it wouldn't be something like having the attorneys would it be possible for the attorneys to be able to know this information, but not put it out in open court. i mean, how would the judge go about doing this as each of the jurors are asked questions about their backgrounds, who they are, what businesses they're in but, they do. and if they have children, there are all these questions that that of course the attorneys want to know right? >> so a lot of the information is already out there as to the what was seven and our six jurors on this panel, the judges only real option here is to place restrictions on access to the information the attorney her knees have to know all this information. you can't keep it away from the attorneys. but really to limit access beyond that. now, if a judge is going to start doing that, holding some of these conversations,

perhaps in chambers or trying to bar the media, you're going to then run into very serious first amendment rights. i'm sure we had cnn and other media organizations would object to that. so it's a difficult spot for the judge. he's got to decide whether he's going to continue to see dominos fall like this, or whether he's okay with continuing the process to proceed? >> yeah. elie honig, there's a lot to unpack here, but as you said, there is a panel of 96 people. there are a lot of people to sell get through because the whole jury has not been in panel. now, making this a little bit less of a huge issue to try to seat a jury. thank you so much to you. we have much more on this breaking news coming up, but we're gonna go over to kate now. >> also had for us attorney's for the man accused of killing four idaho college students. now says cell phone tower data will prove his alibi. >> and you evidenced that they plan to present. we'll be right back nick paton walsh reports on the growing turf war

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unitedhealthcare look at you thanks again for looking at now for me, we're in this together, and aarp, medicare supplement plan from unitedhealthcare, smart now, really smart leader this situation with wolf blitzer denied it six cnn we're continuing to follow his breaking news out of the donald trump criminal trial. >> it's just coming in this morning. one of the empaneled jurors has now been excused, seen as brynn gingras outside the court gathering more information for a cnn senior legal analyst, elie honig is also standing by brynn. remind everyone what we know about this juror that's now been excused. >> here's what we know. k is that this juror is a woman and oncology nurse. what we're learning thing is that she came into the courtroom and told the judge that she had issue with being on the jury and the judge talked more with her about that. and essentially she says she was getting messages from

family members and friends reaching out to her, finding out if she was a prospective juror. well, it turns out there were media reports, not about what she does, but where she works or place of employment path, places of employment that were put out in the media. and the judge has now made it clear that those details hill's a will not be discussed publicly. they will be redacted from any court transcript. and it's an important obviously, because these people are nervous about in some cases as serving on this jury. so she has been dismissed from this jury. we had seven as of just an hour ago, less than that. and now we are down to six jurors currently going on in court for quickly. i would like you to know that the prosecution has again, brought up the fact that they believed donald trump has violated a gag order with a recent tweet or he quoted a fox news anker, about the jury pool and weeding it out. i won't go into exactly what he said, but essentially they're discussing

whether or not he again, violating the gag order several times and remind the viewers that on tuesday, there is going to be a hearing about whether or not trump has violated that gag order in this trial, and whether or not he should be fine. >> kate brynn. thank you. brian, standing by if we get more from court on this and how everything is playing out. le let's talk let's talk first about what the breaking news with what we're learning about this juror. let me read the quote that i that i see. some are cnn colleague who's bringing this to us. is that juror number two said aspects of my identity have already been it out there in the public yesterday alone. i had friends, colleagues, and family push things to my phone, questioning my identity as a juror. is it more about the fact that she is she believes her her identities is getting out there or is it the simple fact that she did say then she doesn't think she can be impartial it sounds like it's a combination of both kate and then judge has a really difficult and delicate balancing act to do here on the

one hand, he wants two and has to protect this jury and the amount of detail that's publicly available about these jurors would certainly allow anyone who knows them, and either friends or acquitted sainz's to say, wow, that sounds like it's so and so, and it sounds like that's exactly what happened in this case. and this person was hit with several incoming messages saying, is that you, which caused this juror to feel like she couldn't serve and she couldn't serve in partially. so that's one concern. on the other hand, there's the first amendment and the judge can't just shut all this information out from the press and the public. now it sounded like what brings you said is the judge has said i'm going to keep some of the specifics about these jurors. for example, the name of the specific company where they work. that's going to be redacted, meaning the lawyers will know it, but we in the media and the public will not know. and so it looks like the judge is trying to limit the most specific information that gets out there. now, again, there could be a first amendment concern with this. this isn't my decision to make on behalf of all the media, but

it wouldn't surprise me if we see pushback from media organizations saying to the judge were entitled to that information, you cannot redact it. this is a public trial. judges do redact things, however, to protect the process as it goes along. so those are the two issues that the judge is trying to bounce. i think if i'm in the judge issues, i would wait and see. does this happen again if it happens again, it seems like you may have a recurring problem if it's a one-off, then you can probably live with it. >> that is interesting. so what we also know is that going into today, both sides had four parameter preemptory strikes, left. i just asking this because i'm the control room is telling me, la hang on. that brynn has some more reporting yes. to bring to us brin what do you have yeah. >> so again, we're getting real-time information from are several while colleagues that are inside the courtroom. and now i just told you they were talking about the gag order issue. they've moved on from that and are addressing now another jury issue this time

it's coming from the prosecution. sayyed, i'm reading from my colleague lauren's of iowa. it says that the ada has notified the court yesterday that the da's research found about. un panel juror number for who i believe was someone who described themselves as finding trump fascinating, and mysterious they say that they are calling into question the rat the veracity of the answers that they gave during this process. so that juror number four was supposed to be in court today by nine 15 yeah. apparently is not here today. again, this is one of the empaneled jurors and they essentially the ada say they found records of that person, a person rather with the same name as sure four who was arrested in westchester in the 1990s for tearing down political advertisement. so again, this is all information that's coming out in real time inside the courtroom, but appears there questions with yet another and panel juror. now, it's unclear what's going to happen with the situation as that juror doesn't appear, is

in the courtroom just yet, but has been summoned to the courtroom. so again, we're still working to get what is going on there, but it does look like there's some more drama happening inside that courtroom this morning. kate, i think most definitely there's some more drama but there is a lot going on with the most important aspect that we're looking at right now is seeding a jury to get this trial going. brin keep us updated. la let me come back to the assistant district attorney talking about durer four. and this is common the commentary that was made during the questioning process that he believed he thought of donald trump is fascinating and mysterious. what do you see? what's going? what do you think of this well, now this is getting unusual. >> kate would have to jurors seated who you might lose or potentially might lose in the very first day after that. that is extraordinary. now, here's what happened. this juror for was seated. >> he went through the entire process. >> the judge said, i don't see any problems with his partiality. both sides elected

not to strike this. juror or not to remove this year, and hence, he landed in the jury box. he was one of our what was seven. and now as six. and who knows if that is going to reduce further, but he was in the box. he was going to be a juror on this case now it sounds like the da's office, the prosecution went back and did more research on this juror, and it sounds like they're saying to the judge that either he was not fully forthcoming or he misled us, or he lied about something in his background and also sounds like according to brin's account, there was an arrest of this juror, an arrest does not necessarily alone own bar someone from sitting on a jury, but certain types of convictions could so the judge needs to dig in on this and figure out, first of all, are those allegations correct? did this juror mislead the quarter, give incomplete information and 2nd of all, does that necessitate the judge to remove this juror from the jury pool. now, i do want to say this it is much easier legally to remove somebody from the pool at this point before the jury has been sworn in, it gets much

more difficult and much more legally fraught. after that moment when the jury takes its oats and starts to starts hearing the case all right. >> this is as elie honig says, and would know better than anybody. this is extraordinary. now what we're looking at with the issues that are popping up in the courtroom as they are trying to seek this jury for donald trump's criminal trial in new york. brynn, she's standing by running, get back to her shortly. le please stick close. going to have much more on this breaking news it was we'll be right back hi, guys. >> bill. you look great. >> now that i have inspire, i'm free from struggling with the mask and the hose fire inspires of sleep apnea treatment that works inside my body with a click of this this button. >> where are you go? >> i'm going to get in spite, learn more and do you important safety information at inspire sleep? >> i loves shopping. >> the real, real, the gucci, louis vuitton your role? sandler on luxury brands up to 90% off retail. >> thousands of new arrivals daily the realreal liquid iv

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one 3636, called now, i'm lauren fox on capitol hill and this is cnn all right, important breaking news at a donald trump's criminal trial here in new york one in panel juror has been excused and there are potential major

issues with a second juror. let's get the very latest from c in his branch and grass outside the courthouse, brynn yeah, john. >> so the issue is with juror number four, he is an older man from puerto rico as adult children and grandchildren and the questioning process that happened earlier this week, he said he found trump fascinating, but didn't really have strong political views. that's what we know about this person. what happened was apparently yesterday the district assistant district attorney notified the judge that there might be some issues with this juror that weren't exactly brought up in the questioning process. they found some possible arrests of someone of the same name and they wanted that to be addressed with the court. now, there's juror was some two the court to be here at 9:15 to speak with the judge and that person has not shown up yet, so it's unclear what's going to happen next the judges did offer to immediately strike this juror hurt juror, take them off the panel, but it

appears that the attorneys want this person to show up and have these questions actually really happens. so what's happening right now in the courtroom as those 96 jurors, prospective jurors who had been sworn in already, that they are coming into the courtroom. we're going to go through for this process of trying to find more jurors, of course, at this point, there's an extra der that they need to find since one has been removed and there's the potential that another will be removed as well. john. >> all right. brynn jin grass outside the courthouse, senior legal analyst, elie honig, back with this elie on this, you're not the one who was excused, but this other perspective juror, they want back in there. this gets to issues of possibly misrepresenting yourself in the void what are your process which is serious on many different levels yeah, john, that's the fundamental issue when you're going through voir dire, when you're going through jury selection, you have to trust people to be able to tell you the truth and be forthcoming and what the allegation is from the da's office here, at least the raising questions about did this person with pulled or mislead us or give us false

information in the course of answering questions that resulted in this person being placed on the jury. and so that's what the judges digging into the fact that the parties or the judge instructed this person to be there at 9:15 this morning. and according to our reporting from brynn, he knows showed that in itself would be basis for the judge let's to dismiss this juror from the pool, so it's interesting, john, because we saw a version of this on the other side earlier in the week, donald trump's team was going and looking at social media posts of potential jurors, which you're perfectly allowed to do as a lawyer. and they were finding things that they believed jurors we're not quite giving the full truth on with respect to their political beliefs and their potential biases. so we've got an ongoing issue here about the jurors and whether they're giving full information to the court elie honig, you make some really good points. this is a really, really big issue. now. for this jury, what you have two potential jurors, one who's