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is more like it the same goes for my foot work. why one hands-free with wide fits, get your sleep dry wipe fit sketcher, slip a game of risk that prosecution may have just lost. >> good evening. i'm abby phillip in new york tonight, the trump defense strategy was obvious from the job. it was to paint michael cohen as a line liar obsessed with revenge but what was an open question as cross-examination started was whether he had the strategy would actually work. of course, we won't know until the jury actually renders its verdict. but if anything made israel, the government's case against donald trump, it might be what happened today. todd blanche, the lead lawyer for the former president, is on the attack. he asserting that a phone call that cohen claimed was about the stormy daniels payment hey, man wasn't made to trump at all, but rather to keith schiller, whose trump's

bodyguard. and it was about something else entirely. now, cohen has claimed that the call drove directly the heart of the case that donald trump knew the intimate details about the $130,000 payment that cohen would make to silence adult film actress stormy daniel's. the defense instead said that it was about crank calls and that was based on text messages that cohen had sent schiller fixating on the pranks of a 14-year-old just minutes before that phone call happened. now, it is an alternative theory that threatens to collapse the prosecution's case like a wobbly banga tower the defense highlighted cohen's alleged lie after alleged lie to catch him, cast him as the opposite of a reformed truth teller. and they used cones, own words against him. they replayed portions of his podcasts the jury listen to cohen in his heavily accented new york baritone. they promised t promised to make sure that trump brats i truly hope that

this man ends up in prison. >> it won't bring back the year that i lost or the damage done to my family but revenge is a dish best served cold. and you better believe i want this man to go down and rot inside for what he did to me and my family joining us now, nick ackerman, former assistant special gw watergate prosecutor tim parlatore, cnn legal commentator, and former trump attorney for former attorney for donald trump stacey schneider is a criminal defense attorney and former apprentice contestant joey jackson cnn legal analysts and dante mills, civil and criminal attorney we've got enough lawyers, i think at the desk here today, which is great because this is this we're getting to the point where the lawyers are really necessary here. >> but joey and dante, can you please walk us through some of the key parts of this cross-examination in all of your theatrical glory. >> no doubt this was a big day today, i would say for the defense made your revelation, so let's get right to it. i will be the defense attorney.

i'm gonna be colon, but i'm that's my family, not the hold it against me so blanche and here here it goes. >> when you testified on tuesday that that you had a specific recollection that a one-minute and 36 minute phone call on october 24th was not with keith schiller. he of course, is the president's body man right? bodyguard that you called keith schiller and he posed and pass the phone to president trump. you finalize the deal with stormy daniels and you said, we're going to move forward and he said yes, because you kept them in all the time. that was your testimony, right? >> that's correct. >> that was a lie. you are actually talking to mr. schiller about the fact that you were getting harassing phone calls from a 14-year-old, correct part of it was the 14 year-old, but i know that keith was with mr. trump at the time there was more than potentially just this that's what i recall

based upon the documents that i reviewed five minutes ago, i asked you if you remember harassing phone calls and you said no. >> and then i refreshed your recollection. it's totally fair if you don't remember, but now you're testimony is that you were testifying hi truthfully on tuesday to a one-minute and 36 second phone call and you had enough time in that one minute and 36 seconds to update mr. schiller about all the problems you were having with these harassing phone calls and also update president trump? on the status of the stormy daniels situation because you had to keep him informed because every time you make any decision, you ran it by the boss. that's your testimony. >> i always ran everything by the boss immediately in this case. it could have just been saying everything is being taken care of. it's going to get resolved. >> that's not what you testified to on tuesday, you said you had a recollection of

a phone call on october 24th and 802 pm, where you called mr. schiller and gave the phone to president then trump, and you told president trump about the updates that you were moving forward with the funding and he said, okay, go that was a lie. you did not talk to president trump on that night. you talked to keith schiller about what we just went through. you can admit that. >> no, sir. i can. i am not certain that is accurate. >> you are certainly was accurate on tuesday when you will under oath and testifying, you are certain it was accurate. you had a phone call to president trump, but now you are saying you are not certain it was accurate based upon the records that i was able to review in light of everything that was going on believe i also spoke to mr. president trump and told him everything regarding the stormy daniels matter was being worked on. and it's going to be resolved. >> we're not asking for your belief. the jury does it want

to hear what you think happened so abby, this is a big deal and i'll tell you why it's a big deal. so much of the prosecution's case has been predicated upon the notion of corroboration for everything that of course was testified to. write by michael cohen. there's one critical component that has not been corroborated and that is the details with respect to what he told trump and whether trump was aware of the nature, the purpose the structure of this arrangement. guess who was on this phone call when he was calling? it was either only schiller or which trump? trump is a defendant who doesn't have to testify, so he can keep quiet and she'll i'm sure if you brought him in there, the body man, he'll say he was talking to me about the harassing for it 14 year-old. and so this element of corroboration goes to a core issue in the case, the fact that the prosecutor didn't initially and direct examination get out. the fact that he could have been talking about a 14 harasser in addition to updating the president is a

big deal. i think it was a game changer and it was so easy to do. yeah. all they had to do is say on that call, did you talk about anything else? yes. we also talked about the 40-year-old and none of this would have been a problem. but when you're relying on colon to seal the deal and fill in those gaps that you have in your case. and now you have a clear clear example of him probably lying or may be lying about one of those gaps i think that leaves some either a major screw up by the prosecution or if the jury views it as an intentional omission of important information that's really problematic. >> it is an and to me it seems like a screw up. the prosecution, they should have caught blowing this is such a minor little blip on the scheme of things first of all, you can't ignore the fact that there are 250 some odd documents that basically backup what cohen has said, what pecker said what all of these various witnesses have said? one little phone call like this. this is not i'm notch

ammonia i had this happen before in a trial where i had a guy who said he was at a certain place, at a certain time for a meeting. i was able to get restaurant records that show absolutely not. he was at a different place at a different time this is not that kind of see it's huge because take just let me let me tell you why it's a two part crime, falsifying business records, the felony in new york state requires that there's intent to falsify the records and there has to be either the commission or the cover-up of another crime so i will concede with you one point only and that the prosecution did really well in establishing the other crime which was perhaps election interference, perhaps even a tax fraud. that, that'll come later. but the michael cohen's act was established by all those other witnesses, david pecker, whom you refer to. but now we come to the crux of the new york state penal code, which is did donald trump had the intent to falsify the business records with only

michael cohen's testimony saying what donald trump's new or directed or ordered that's the only thing that people have. the people, meaning the people of the state of new york, the prosecution it is true, it isn't true. >> they've got those records because you've got the notes of weisselberg or he's writing down the $420,000 heisenberg, are the notes of weisselberg michael cohen is the link between allen weisselberg and donald trump. >> and it is his word that is the bridge between those two. >> that's not right mcconney also identified those records and he identified them as being in weisselberg's handwriting. >> he doesn't talk about why it is not on trial designs coming out. let's be a close case. >> hi, to be called psaki. interrupt you, abby, but there was after tuesday's testimony, i believe there was a conference with judge merchan and the attorneys about where is weisselberg? >> it's almost like the where's waldo situation and weisselberg is now on rikers

island serving a sentence for perjury so the prosecution has no incentive to bring him into this case. they already have an issue with michael cohen being an alleged perjure or a perjure either alleged or on alleged. >> he's not coming in. so the only tie to donald trump's knowledge at this point in the case, which is why this is such a big turning point. is michael cohen's testimony. so if the jury doesn't, by the connection and if they do rely on this phone call and it's not cleaned up properly by the prosecution. they got problems, so i want to read a little bit of justice for context. >> just people understand exactly what michael cohen sai earlier this week. this was on monday during direct with the prosecution this is susan hoffinger. she says, why did you need to speak with mr. trump at that point in the evening on october 24th, cohen says to discuss the stormy daniels matter and the resolution of it, hoffinger says, and did you have an understanding about whether during that conversation you resolve that you were moving forward to fund the deal. cohen says, yes so he makes it a

pretty hinge conversation where it's like he had this conversation, but he knew that he could then move forward if i can do when you've got you've got that. >> congress doesn't make any difference. you said he spoke to to trump, spoke to keith. >> has one to bodyguard issue. what you do. i thank in direct examination as the prosecutor's, you say, sir, there came a time you made a phone call, right? he get he gets into the specific phone call. and in that phone call, tell us about it. well, there was a 14-year-old harassing me and i addressed that with the security personnel, but trump was right there. and at that time, i had a conversation nothing said about it. it's not said that not set in the grand jury, but the defense has something to say. so now all of a sudden that wasn't the only thing i talked to him about right. >> it was about the 14-year-old and it was this so it looks like the bottom line is i think you're doing exceptional lawyering, which is what they are going to have to do. write that man that's the thing is

that there's a lot of corroboration for a lot of these go the other acts. >> but those are not the crimes. so there's not the elements of the crime. what you're doing is exactly what prosecutors we would expect them to do. they would say look at all the corroborator fission of all this other stuff. >> but since that's not the elements of the crime, the actual elements that they need to prove as his personal involvement, his personal knowledge. >> they've corroborated michael collins evolvement. they've corroborated how am weisselberg's involvement. but to actually connected to trump, they need to the contents of these phone calls which we now know, michael cohen lied about. what you can't say. he lied about it. >> at best he was mistaken about another issue that came up at the time, clearly at that time, if you look at all the circumstances, what was going on in terms of stormy daniels? >> he had to get his permission to pull the trigger real thing is you hinge everything on that conversation, they said, well, we know we have to prove that trump knew well, cohen, you're on you understand how do we know, how do we know trump knew

what on this particular call? >> i told him this is the call y got permission. now, that call was about something else at least. so he hinged everything on that call. and now that cohen is everything's not hinged on that call, it's also other conversations, other meetings where it was basically decided at that point how this money was going to be paid out. >> but the interests winning all these let's just check a second because i do think that there is a point to be made here that again, it doesn't really matter whether or not donald trump had a conversation with michael cohen about whether michael cohen was actually going to pay stormy daniels because to your point, that is not what he's charged however and this is what i think you got to address michael cohen's credibility is on the table here as it relates to another big part of part of this, which is at the end when they are deciding what to pay him and how to structure and he is the person who says that donald trump knew about them

he's the only person who's saying that. well, it's also donald trump who signs or think it's also donald trump on tape. who knows about the whole scheme when he's talking about karen mcdougal. but you can't just look at this in isolation because the problem with that is yes, he signed the check. >> but did he put the annotation into the book? no. >> they has to play a lot. you don't have to know, but, but it's a false business records rights. >> and so the false business record is not the signature on the check. it's the annotation of what the check is four, because if we it's the invoice, it goes out papal to the can. so and that's what he saw when he signed each and every one of those things. >> that's going to come forward. this is trump's defense without him taking the standard saying it. >> i was in dc, michael cohen didn't get paid until 2017 when those check started going out. >> i was in dc running the country. i was just i was not dealing with the trump organization in new york, whatever they did over there allen weisselberg did it and he

knows how weisselberg isn't coming into court because he's in jail right now bringing up he's got the perfect way. and it just got confirmed. i'm not saying the outward when with the jury because there was i agree with you. there was corroboration on the catch and kill scheme and all those people. but the crux of the charge is, did trump had the intent to falsify the business records of the trump organization, and we have one more point that the people i'd say think is obvious. if you think about this whole thing, why is trump in trouble here? he could have done a side deal with michael cohen, who is his private attorney, who wasn't really even working for the trump organization anymore at that point in time, trump was transitioning. he was on the campaign he could have just said michael, let's take care of this between the two of us and i'll give you the money, whatever take care of it. but what happened here is that money allegedly was run through the business records almost like a tax deduction, like taking your family out to dinner for a business meal and then running it through your tax deduction. it was like it was grossed up yes they could

have just reimbursed cohen and i didn't trunk the head to know that this thing was all screwed up and was done in a way to high about to what they do at this point. maybe this was a slam dunk for the defense but they have a choice now, do they continue? do they put on there there their part of this or do they just rest and let the jury sit with this and go into deliberations i mean, they don't have the burden of proof here. i'm do they do they wanted to leave it to chance or do they need to call some extra witnesses to further break down? michael cohen? >> it's credibility. have an opinion on it. you'll listen. >> i say i'm always less is more and there's things that should be left unsaid and left alone. >> and the other thing that concerns me, abby very much is that remember, right. what happened here is that the federal election commission was told based upon mike go cohen's information, that donald trump was not involved,

that the trump organization was not involved in other good point paid it all by himself and so which one is it in 2018 through your lawyer, you're giving the indication, right. when a special interest group comes along and say, wait, there's a finance problem, it's a finance problem. he goes on record that is mr. cohen saying trump had nothing at all to do with it. i did it all myself. he has no knowledge or understanding, but now it's all on you at those things concern me. he's an attorney, so they also showed that now he hates trump. he said he wants to put trump in jail. he knows what he would happen to say to make that happen. he knows what gaps had to be filled in. he has to prove that trump had knowledge. so if he knows he has to do that, he can say, oh, no, i told trump on this phone call because he knows he has to do that. now, they show that that called may not have happened. >> so i think it'll be fairly easy to convince a jury that this attorney is now oh lying to fill the so get in trouble. >> probably the defense's case, but can i just plot to one point that you were asking

about what should the defense do and i agree with show a less is always more, but i think based on some signaling from donald trump during his alleged gag order violations when he kept talking about michael cohen. and why am i indicted? all i did all they do it was taken invoice from a lawyer, michael cohen, and they put it on the books and now i'm in court being indicted so they really need to distance him from this whole thing. so all they could do is bring in somebody else from the trump organization because the da the prosecutor, already brought into people from the trunk organization to talk about the controller and talk about how the books work. but if they could just bring someone in to say or even imply, trump didn't tell us how to put this in the books and then if you keep working with michael cohen and not connecting that through trump, they have a good chance of beating the case through that situation. that's my defense theory. there's so one way of doing in that also is weisselberg, right? he's not being called, so they're going to get a missing witness charge for him. well, they won't

valuable witness. >> yeah he is. >> and he's not he's you'd have to prove you don't have to prove he would be a favorable live, judge last week, he might bring him in and actually force them to take the fifth. yeah, that's what he's grinder to judge was was kinda running that by the lawyers and both sides read that whole colloquy between the judge and lawyers on both sides there like he's not good for you nobody wants he's got problems for both sides. >> use the comp and they kept saying, even emil bove kept saying trump's counsel. judge, this is a allen weisselberg is a complicated witness, a complicated see, i said he is. i don't think it's either going to is in prison he is in prison for perjury. >> there's that everyone stick around tonight. >> there's a word that trump defense may call a surprise witness and his name is bob costas hello how his testimony could end up delivering a bizarre twist to this case. plus by president biden is asserting executive privilege to keep public the public from

hearing tapes about himself and it's got a lot of you talking tonight. did a supreme court justice fly a stop? the steal flag at his home? after january 6 we have the details ahead the whole myth has to be re-imagined feed if you didn't know whether you were next they were both tied up? >> yeah. yeah. i was called in so what turned out to be the biggest archivist in history it went from gold medal winning icon to a pariah what really happened with jesse l. >> martin, sunday's at night on cnn that they blocked the road trip. everyone comfortable, yet there's plenty of space. >> i gave me gun no logo, no

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costello according to a source familiar with trump's legal team strategy, costello can offer a clear cut contradiction to cohen's narrative and you don't have to look far at all to see a preview of what that former attorney might say about his former client you keep than bringing up the subject that he felt he was betrayed by not being brought down to washington dc. >> this guy thought he said to me that he should have been attorney general of the united states we're at least the chief assistant to the president. ludicrous, but that's what he thought. and he was very angry about that. he wanted to do something to put himself back into the inner circle of donald trump. that's why he took care of this on his own but i was costello testified before the house judiciary subcommittee by panel is back with me here. >> tim. first of all, very bizarre to see a former attorney going to congress to testify against his clyde. but then again, that's what

michael cohen did with donald trump. so there's that but what do you really think? >> thank bob costello has to offer here or is it not worth opening this particular can of worms? >> i think he has something pretty significant during the direct testimony earlier this week, michael cohen talked about how bob costello and rudy giuliani were dangling a pardon in front of them to keep them loyal to the president that's the same story that he told to the southern district of new york, us attorney's office they opened a criminal investigation into bob costello, rudy giuliani, for witness tampering for that. they call bob costello in and he brought in all the emails, all the text messages. he sat with them and showed them how not only did that not happen, but michael comb was begging repeatedly for a pardon to have bob costello s rudy giuliani. and when rudy giuliani went and came back and said the president says he doesn't want to talk to anybody about pardons, and he doesn't want to brought up again that's when all of a sudden michael cohen goes into meet with me with the

us attorney about trying to cooperate. >> so just to backup what you're seeing here, here's what cohen said that he interpreted. bob castellows communications to him to mean this is not exactly what he said, but this is what cohen says. he thought it meant this is part of the pressure campaign that everyone is lying to you, that you are still regarded the president's still supports you, do not speak, do not listen to what any of the journalists or anybody are saying and stay in the fold, don't flip, don't speak, don't cooperate. that's how he characterized it to the jury in court earlier this and how we characterize it to the us attorney in his office. and then based on the information that bob costello gave them, that's why the us attorney's office dropped him as a cooperating witness. >> so would this be a big risk for the defense to call bob costello because i mean, i hear what you're saying. but the communications, some of them are not great for bob costello. >> he's got, he's got real problems here, but i think what really happened here was that

bob costello was brought in by rudy juliana. they very, very close bob was basically one of the bundler for his marrow campaign when rudy ran for mayor the first time, they were in the us attorney's office together and i think what michael cohen was doing at the time that's when he was in his lot total lying mode because he was trying to ingratiate himself for the trump people and stay within the fold. hold he was trying to get them to pay for his attorney's fees, and he was trying to make it appear as though he was still a member of the trump team. and so what bob costello knows is that i mean, that's what bob costello was told and so what he's saying is basically what was meant for trump's ears. and if you really kinda break down what these so-called lies are that were brought out during the cross-examination a lot of them really have to do with just toeing the line for donald trump and lying for trump. >> that's a quick question about bob costello because i've

heard him be described as michael cohen's lawyer. i think michael cohen said during testimony he was a legal adviser, never had a retainer, was never actually paid for. >> it is not as what isn't that a very dangerous line for a lawyer to walk because he's disclosing attorney. he's not attorney-client he's not because what happened is michael cohen went to hire him. >> yeah, he was not operon. i'm by rudy giuliani. that's been a false rumor. he actually, michael cohen has a long time really with jeff said tron, who is bob's partner. he went to citron who said, well, i'm not really a criminal lawyer may bring him bob they had several meetings. they were going through the beauty pageant of are we going to hire you? am i going to hire somebody else? he ultimately decided not to hire them for the case. but when he accused them to the us attorney's office, the us attorney's office had him sign and unconditional privilege waiver and it was only because of that unconditional privilege waiver. and the accusation that he made against bob that the us

attorney's office found was totally unfounded. that's why he's able to talk about this stuff. so i don't see any parallel, power whatsoever. you only have but 30 i know that you've been in touch with him. yeah two i spoke to him yes. okay. so does he want to testify? has he been asked to is there any indication that he's preparing to be in that in that witness booth. >> i know that he would like to testify as to whether he's going to i would leave that as it from the needle doesn't move. the needle. he said he said, why does he need it to be a part of an intestine away? >> as our profession wrong lawyers up here on the tenth as serious say, oh my client were pretty so here's every conversation we had. >> y will be we be motivated to do that. i just don't understand there's a couple of reasons. one is because she accused bob of a crime too, is that when he saw the lies acoma saying he actually went to both the trump team and alvin bragg

to provide them with this information. alvin bragg refused to meet with them. >> he did go before the grand jury. >> he gave them all the emails that chunk called trump's people called six point so collateral and so often it's like what i'm doing here and embed this is if nothing is an interlope trial that is all about some shady lawyer everyone. >> thank you very much. after years of defending donald trump, asserting executive privilege republicans are suddenly very outraged when joe biden does, it will show you the tape plus a wild report tonight did the home of a supreme court justice samuel alito fly a stop the steal flag after january 6. the reporter who broke that huge story joins me next we're trying to save

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road beauty.com i mourn liebermann at the pentagon and this cnn a calling card for insurrectionists flying in plain view outside of the house of an associate justice of the supreme court of the united states. tonight, the new york times published a report capturing through the interviews and fotios an upside down america can flag hoisted outside of samuel alito is home. it alexandria, virginia. the pictures are from january 17, 11 days after rioters stormed the us capitol to stop congress from certifying the 2020 election. now alito publishing a full stop denial in response to the report saying, quote, i'd know but involvement whatsoever in the flying of the flag. it was briefly placed by mrs. alito in response to a neighbor's use of objectionable and personally insulting language on yard signs now, we haven't yet

heard from the supreme court about all of this. but what is missing from alito's response? a denial that it happened at all, much less remorse or regret that it did. also missing any disavowal of the symbol claimed by those who sought to overthrow the government joining us now, jodi kantor, she is the new york times correspondent who broke this massive story tonight. jody, how on earth i have a lot of questions for you. i'm curious about how this happened, but i'm also curious about how you found out about it. well, first of all, thank you for having me. >> let's start with the reaction of the people who saw the flag neighbors. word also filtered back to the supreme court. and all they're seeing is this upside down flag, which at the time was one of the symbols of the stop the steal campaign. we're talking about the period just after january 6, but also three days before

president biden's inauguration. so people are just kind of stupefying buy it. first of all, it's a very controversial gesture to turn the flag upside down. but also so a very basic thing about federal judges that everybody knows is that they are supposed to appear totally fair and impartial. they aren't supposed to participate in politics or do do anything to even suggest the appearance that they're not going to handle something fairly. so the first thing people felt was really just very great surprise hi guys. >> this wasn't up there for just ten minutes. >> what neighbor say is that it was there for a few days. yeah. i mean okay. so i'm gonna go back to the statement here for mr. alito or justice alito, he says it was briefly placed by mrs. alito in response to labors use of objectionable and personally insulting language briefly, is doing lot of work there. i wouldn't characterize a couple of days as that, especially in that time period that you described.

>> but the other thing is, i mean the the the courts rule book about the conduct of employees is pretty specific. >> you cannot publicly oppose or support partisan political organizations or candidates. bumper stickers are off-limits stating political positions on social media. they may not engage in nonpartisan political activity. if the activity could reflect adversely on the dignity the or impartiality on the court. that's clear for employees. the wife of a supreme court justice, if you were to take the statement at face value, maybe another story, but if it's flying outside of the home, how is anybody supposed to know? >> that's why judicial ethics experts are concerned. >> they say that they say okay, let's take this story at face value. let's say it was mrs. alito these rules are still about the appearance of impropriety and that's because it's about trust in the system for democracy to work. we all

need to respect these institutions. we all need to feel that they're fair and any action that creates doubt in that is a negative thing and that's especially true given what's happening now everybody's focusing. i understand why on the proxy somebody to january 20th, the inauguration, january 6. but i want to point out that at this moment, we are waiting for the supreme court to rule on to blockbuster january 6 cases that are really going to shape accountability for those actors, including former president trump. they're going to the shape the legacy of january 6, and they may even help determine the course of the next election. so one of the questions is, when these decisions come out, we'll, americans react to them with a sense of trust us and respect. and even if i disagree with this, i believe it was decided fairly. >> i mean, there's no question there has been an erosion in the trust in the court i mean,

again, taking a statement at face value, let's say it was mrs. alito you would have mrs. alito and mrs. thomas both perhaps espousing beliefs about strong beliefs about something that is before the court, issues that are before the court and neither of those individuals have recused the recusal rules seem basically i mean, it's more or less up to the justices discretion. is that about right? so it's interesting, it's a binding federal statutes, so it does apply to supreme court justices. >> the court has said that it's for individual justices to determine. i think the question of whether this fact she pattern is a cause for recusal is something for the experts to debate. we just broke this news tonight and i'm curious to see how the legal world reacts, but there there are a number of issues there. there. the recusal issues about whether he should participate in this case? and there's the question of the code of conduct for, uh, judges

and whether this behavior meets that bar. >> and if not, what anybody can do about it, because the supreme court, by definition is the last word and nobody else supervisors the justices that that's why hi the appearance of impropriety, so problematic there. >> what's amazing, jodie is also, i mean, this being scuttled, but for basically four years among in that neighborhood and among the court. and then finally coming out when it did. thank you for joining us all of this reporting. >> and up next for us shouting match, interrupting between alexandria ocasio-cortez and marjorie taylor greene on capitol hill will show you what happened the trump hush money trial gavel to gavel coverage, the weight only cnn can bring it to you. legal insight, expert analysis, and real-time updates live from the courtroom follow the facts, follow the testimony, follows cnn you

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today this is cnn. the world's news network they. >> are the audio tapes at the center of the decision not to charge president biden in the investigation of the classified documents that were found at his home while tonight, the president is asserting executive privilege to keep those recordings secret. you'll remember that special counsel, robert hur, described biden as well-meaning elderly man with a poor memory and decided that a jury would be sympathetic, ultimately. now the white house took issue with that description and the transcripts of the interviews were made public, but the tapes have now become the center of a fight with house republicans. in fact, they want to hold the attorney general in contempt for refusing to release them. the justice department cites privacy and a clear political motivation on the part of republicans. now, let's keep in mind cnn has also sued for access to these tapes since journalists do want access to

access as much information as possible, we want to hear the tapes and we want you the taxpayer and the citizen to hear them, too. but what's curious politically, is that when it comes to the issue of executive privilege, republicans are suddenly critics this is after donald trump and his allies spent years making this argument executive privilege serves dup public interest it's for us, it's for we, the people, the concept of executive privilege is another two centriole constitutional tradition there are things you can't do from the standpoint of executive privilege, you have to maintain that. now they're destroying executive privilege now they're attacking that and this might be the worst destroying a precedent that has been around since george washington cash sludge. well, i think you have to for the sake of the office, the president's power to assert executive privilege is

very well established. >> to meet for the future we have to protect presidential privilege. you have brevis presidential executive privilege. you have attorney-client privilege apparently, that didn't mean much anymore to doj the privilege that's not his to waive. >> it belongs to the president the privilege that the court said is critical to executive decision-making. >> we have to protect presidential privilege for me, but for future presidents future presidents like his successor and the current occupant of the white house, and his opponent in the 2024 race also on capitol hill, who says that there's no fighting in the hearing room while tonight, house oversight committee markup suddenly turned into a deeply personal name calling match between democrat alexandria ocasio-cortez and republican marjorie taylor greene. listen do you know what we're here for? we're here when you're here for?

>> well, you don't want it's not going about i think you're fake eyelashes or messing up order mr. chairman, need more of your committee order please a point of order. >> we have a point of order. >> mr. lynch, state your point. >> mr. chairman. i would just like to ask the parliamentarian if your conduct here and raising money in connection with this hearing is referable to the ethics committee within this hearing is emotion in order to refer your conduct and your abuse of data point of order. >> i do have a point of order and i would like to add to move to take down ms green's words that is absolutely unacceptable. how dare you have another person? >> are your feelings her words down? oh, oh, girl, baby girl. >> oh, really don't even play baby girl. i don't think you're going to move and we're going to take your words down. second that motion.

>> wow well, next, if you could take a test to determine your risk of getting alzheimer's, would you? >> dr. sanjay gupta decided to hear what the answers were? for to that task here, what he discovered about himself next when the competition is a nuclear competition, spying is extraordinarily important the russians were trying to spy on us. we were spying on them it's very difficult to determine whom you can trust. >> i was studying frank everything got out of control this is a war. the secret was a secrets and spies, a nuclear game per year, sunday, june 2, that ten on cnn, you give and you give, now you get with straight talk wireless, you get unlimited data and you get to choose who gets on your family plans starting at just $25 a line, doesn't have to be family

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are living with alzheimer's dementia for decades, researchers have tried and failed to come up with a way to effectively treat alzheimer's but now there are some new tools to battle this disease. >> and cnn's chief medical correspondent, dr. sanjay gupta, spent five years investigating these scientific breakthroughs in a new documentary called the last alzheimer's patient, it premieres on sunday, may 19, on the whole story. here's a preview in the five years of making this documentary, the 20-year-old newlyweds. i've met with patients all around the country who were diagnosed or high risk for this devastating disease, do remember this time in your life? my it made me really start to think about my own brain i have a family history of alzheimer's as well sometimes i feel a little rusty sometimes i worry that i make mistakes that may be my friends and family are too polite to tell me about your body

composition. >> so that's why i decided to do something quite personal. >> your muscle mass, your body quite revealing that lesson quite right. >> i went through a battery of tests to assess my own risk, just like we got a cholesterol test every year and check your blood pressure how do the same thing for the brain? >> and what did i find? i'll just say it joining me now is dr. sanjay gupta. >> he's also a neurosurgeon. sanjay, first of all, i'm not quite buying that you're a little rusty pretty all there to meet but not every now and then but i mean, it's so interesting. >> i didn't even know that younger people could do tests like this. do you think other people should do what you did and test their alzheimer's risk? >> i don't think that it's necessarily for the masses as of yet, abby, and i think just even a few years ago, the common sort of question was, look if i get these tests, what can i do about it? what

differences are going to make? >> i think that that's the part of the equation that's starting to change. >> it's become clear that there are things that can be done in terms of reducing the likelihood you'll progress. maybe even changing your overall outcome in the long run. so i think we're going to see these tests become more more, more common, kinda like richard isaacson was saying, there like a cholesterol test are testing your psa for example yeah. >> i mean, the question of what can be done is so crucial to this. i mean, you spend so much time in this documentary with people whose alzheimer symptoms were actually reversed. i mean, how is that even possible? what does the science show about that? >> look this the surprised me as well to be very clear, i think and i want to be very careful because i think we're still at the nascent stages of understanding what we can actually do in terms of modifying the brain. i think we are where we were with heart disease 50, 60 years ago 50, 60 years ago. you say someone has heart disease. that's it, abby,

you have it. you're going to have it. it may lead to a heart attack. the idea that you could reverse it through lifestyle changes wasn't something that was widely accepted that's the stage that we're at now with the brain. so i think the answer is yes. i saw that one of the advantages of doing a documentary over five years you, can follow people over that time. and i saw people who are diagnosed with alzheimer's who were on the steady decline. and then five years later, we're living a much more normal life. so i want to be careful. i don't want to have this unbridled optimism about it, but look, it was it was pretty exciting to see what happened to these folks that is exciting. it definitely means folks need to tune in when this documentary airs. sanjay. thank you so much you've got it. >> thank you and don't miss it. >> sanjay is full documentary. the last alzheimer's patient, it premieres this sunday, may 19, at 8:00 p.m. eastern on the whole story, only on cnn and on max thank you for watching news night. laura coate s