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has a friend, he expects blind hello? you're on the cnn newsroom. >> hi everyone. i'm jessica dean in washington and tonight we are following breaking news. president biden speaking with israeli prime minister benjamin netanyahu for the first time. since signing a $26 aid package for israel. the call coming just a month after the president warned netanyahu about the humanitarian crisis in gaza, calling it quote, unacceptable. more than 34,000 palestinian people have been killed in gaza since the war began, triggering massive protests here in the us with students at major universities calling for an end to the war cnn's priscilla alvarez is live at the white house. priscilla, what are you learning about this call today? >> what we're learning from

this white house readout that they touched on multiple issues during this call that happened earlier today between president biden and israeli prime minister benjamin netanyahu, ranging from recent events like for example israel's strikes back at or ron, after iran had struck israel, this was something that the white house had been quite tight lift about when it happened. and israel had as well. but in this readout, the president reaffirmed is ironclad commitment to israel's security following the successful defense against iran's unprecedented missile and drone attack earlier this month. but they also talked about the hostage deal so i've been urgent talks that have been ongoing for months now with us officials traveling overseas to try to reach an agreement. and now we know that secretary of state antony blinken will be traveling to israel. in addition, in addition to other stops in the middle east, this again, a priority for this white house, which has been trying to secure a deal that would include a six-week ceasefire for the

release of hostages, but also to surge humanitarian aid into gaza. now of course, this has been very difficult and challenging and the process is still ongoing. but this was something that also came up during the call after some recent developments last week, when the president and issued a rare joint statement with other countries calling on hamas to release the hostages. now, in addition to all of this, the president and the prime minister also talked about israel's potential operation in rafah. that's an area that has over 1 million displaced palestinians. and it is an operation that the white house has been pretty particularly concerned about because they do, don't see it as an operation that can happen with that many civilians in that region in this moment. and so that also came up during this call. and according to the readout, it says, quote, the leaders discussed rafat and the president reiterated his clear position that position from the united states being that this operation at this point is untenable. and so those

conversations and discussions that are also ongoing. but what is clear, jessica, is that we are at an important moment, especially with those ongoing hostage talks. >> as the us, along with its partners, racist to try to reach some type of agreement to secure the release of the remaining hostages, to achieve a temporary ceasefire, and then to also get aid into gaza as its situation there continues to deteriorate so this phone call coming after an earlier phone call, this month to try to sort out the next steps again, we'll see the results of that in the weeks to come and priscilla we have new polling out today on the state of the 2024 race what does it look like for president biden? >> well, president biden still seems to be trailing his republican rival donald trump. >> according to these phone numbers, it says for choice, for president among registered voters, trump 49%. that's compared to biden at 43%. now, earlier this year, he was about 45%. so the numbers are holding steady here. clearly still a

tight race. and of course there are issues that are dogging president biden that includes, for example, the handling of the israel-hamas war. you look at those numbers 71% disapprove of that. i mean, you can see some of it in the protests that we're seeing playing out and college campuses, but also something the president is familiar with with protests at his own events. so we're seeing those disapproval number is still very high. and again, with the handling of israel-hamas war, then also the economy and other top issue for voters. and one of the white house has been trying to make inroads on saying that there's positive indicators, saying that the economy is moving in the right direction. but voters are still not convinced. and then numbers show that only 34 percent of voters approve of the president is handling of the economy. that is a particularly concerning number for the biden campaign because again, they are trying to convey to voters what this administration has done, how is helped them out? and then the economy is moving in the right direction, but they still are, have an argument to make here,

because as the polling shows, voters are just still not convinced, jessica yeah, priscilla alvarez for us at the white house. >> thanks so much for that reporting. and joining me now, you see an political commentator and democratic strategist, maria cardona and cnn political commentator and republican strategist alice stewart. great to see both the view glad we're in the studio today. hey let's just start first. personal kind of laid out those top lines from this new poll that came out this morning with trump holding an advantage over president biden, 49 to 43, just in the horse race. >> but 55% of americans saying that trump had a successful presidency, 39% saying biden's has been a success alice, what are these numbers say to you? this is not good for president biden and look, when you're looking at not just the overall numbers, but breaking it down as priscilla did. his handling of the economy biden is underwater with approval on that his handling of israel is certainly under the water up people's opinion of this president with regard to how

he's handled and its opinion of the presidency with trump at 55% biden at 39% in terms of their success. and when you look at biden, look at that number 61% of those we polled say biden's president time in office has been a failure that is not good. and look, this is a national poll and these are good numbers. and that gives people an idea of where things stand. but you also look at where is the numbers are, where are the numbers with regard to battleground states, president trump is ahead of biden on every single battleground state, when you're looking at the polling numbers and that's where it's going to make a difference. and we were all at the correspondents dinner last night and i know that people like to make fun and joke about president biden and his falling up the stairs are stumbling through his speech, but people are concerned about him falling down on the job when it comes to the economy and israel and securing the border, that's where he's got a real problem. >> what do you think? >> i think that this pole is one of many six months out from

the election. >> there is a lot of time left. >> and in fact, if you look at this pole as compared to the others that have come out recently, other highly respected polls. those other polls have the race, edit heat. a lot of them have joe biden up by 123 points. the cbs poll that came out today has joe biden up in michigan and tie than the other battleground states as well. >> but look, there's no question that there are challenges here. >> and the biden campaign knows that they're going to take this poll as they always do and say, we have work to do. >> they're going to roll up their sleeves that are going to continue to do what they're doing, continued to remind people all of the great successes and accomplishments that this president has done for the american people on the economic front on securing democracy, on securing our rights and freedoms. >> and i think at the end of the de jessica, what americans are going to look at is the contrast, the clear choice between what president biden has done, what he says he's going to continue to do to make the economy work for everyone to secure our rights and

freedoms, to secure reproductive rights for women, which is one of those issues, including the thoughts about securing our democracy that doesn't always show up in these polls. we saw this happen in 2022. everyone predicted a red wave when at the end of the day it was a great night for democrats because the issues of rights and freedoms and securing our democracy were also front and center. i think moving front, moving forward, this campaign is going to continue to tell that story and remind people where we were four years ago, four years ago, our economy was spiraling. we were losing millions of jobs. a millionaire cnn half americans died because donald trump denied the science of covid while he was getting a shot. i think at the end of the day, jessica, i'm going to bet on americans decency and the fact that they are going to choose somebody who has been a lifelong public servant, as opposed to a fraudster, a sex offender, and the criminal defendant who was only in the sterile i've prison and i know you want to get i just also before because alice i want to

give you a second. it's 70% though, say economic conditions or poor, exactly. >> this is not a messaging issue for my different maria and the democrats. this is a real issue. this is a perception the american people have about the economy. they go to the grocery store, they go to the gas station, they're trying to buy homes, are trying to get loans and they are not liking what they see. they're paying more. and no matter how you say it, and no matter what you think they feel, they feel as though their situation is a lot worse off than it was four years ago. and that's where they're going to see a change and look, i i clearly see the democratic messaging point is vote for joe biden is a vote for decent let's see that is extremely insulting to half of the people in this country who are planning to support someone aside from joe biden. and just because donald trump might not talk like the rest of the people and might not act like the rest of the people when you're voting for him, doesn't mean you're not a decent person. i think if you're going to continue that line of dialogue, i think that's a huge mistake. segue because we're talking about half the people in this country are fed up. joe biden might be

a nice guy, but that's a economy is not nice for people in middle america. this is why i think that a lot more than half of the country will vote for joe biden because i do think that the majority of the american people are decent and they don't want to see somebody in office that tried to open return a free and fair election. >> the split screen that has been happening up until now. >> jessica, i don't think is a good thing for biden. one on one side, you have him with a criminal hush money on the other side, you have his attorney arguing that he should have absolute immunity to do whatever he wants. an office decent people, the majority of americans there's are going to see that and say, you know what, we deserve better. and so with the biden campaign is going to continue to do is remind everyone because there is a little bit of amnesia. and let's look at the numbers that actually matter more than poles. the numbers of fundraising. if people really did not support joe biden, he wouldn't be raising the massive amounts of money that he is overshadowing so much on the money that donald trump is

raising the special elections that have been happening since the overturning of roe v. wade. >> if americans did not trust democrats more than republicans, we would not be over-performing and winning and so many of these republican-held seats. so that is what this campaign is looking being out. and they're going to continue with that messaging, look at it appears that saying those that support donald trump are not decent people. so decent is the new basket of deplorables for democrats. i get it. that's not a really good way to win, to win over independents and late cited voters and no one is calling anyone who's voting for donald trump in decent, we're calling donald trump in decent. >> now, whether those people believed donald trump the lies and the deceit that he is sharing with his voters. that's another thing we're not calling anybody who's voting for him and decent. we're calling him in decent. and if you look at what he has done there is no one who can take a look at that and say, he is somebody who is fit for office, especially another four years when he has already said

he wants to be a dictator on day one, he wants to take away women's bodily autonomy. he wants to be the country's retribution who talks like that? >> and that's why think at the end of the day, the vast majority of americans are going to to somebody who actually this country deserves. okay. >> let's put a pin in that one for one second because i do want to ask about why the white house correspondents dinner. we have a quick clip i know it's a little long, but let's play it and then you can go have quick thought oh we don't have it will save us some time what did you think last night, alice and then maria, what do you think? and i thought it was good. look, again, policy issues aside, i thought the president biden was funny when he when he said, look we're very different. my vice president supports me. i'll give him a laugh on that one. and i think he, you know, he was funny. it was brief, but it was funny. i think entertainment for the night. what was good. but again, when you're trying to be an equal opportunity

comedian and sort of criticize and pope fund at both sides. you can't ignore the real issue out there. is that you can make fun of a president biden for his age in some of his stumbling down the stairs. but the real issue maybe not for people in that room and the press corps, but people in middle america, they're less concerned about him falling down the stairs at air force one, but falling down on the job. and that's something that they need to wake up to a quick thought from i think the dinner was fantastic president biden has great comedic timing and we saw that last night, the comedian, colin jost, was very funny as well. but alice is right. there were some serious issues that were talked about safety for journalists the fact that our democracy and our decency matters when you have an opponent for joe biden, who talks about the press as being the enemy of the people. that is another knock on him in terms of not being the type of person who deserves another

four years in the oval office. >> and i think the big takeaway from the night is american needs journal plus, and hats off to the press corps. >> that's ranks guys. all right. well, it's always good to have both of you here. thanks so much. maria cardona analysis. do are we appreciate it? >> and you can check out their podcast, hot mics from left to right, where we get more of this all right, thanks, guys just still ahead. tensions are running high at ucla as a group supporting israel faces off with a group supporting palestinians, a campus protests we are tracking those dueling demonstrations. you're in the cnn newsroom the rise of misinformation don't o'sullivan reports from the front lines pharaoh knows taylor swift as a government cya. >> you don't believe taylor swift is? >> i don't know what to believe the whole story with anderson cooper tonight at eight on cnn. >> this is a futurama go daddy arrow creates a logo website, even social posts and minutes ai, ai like it who wants to

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for the kids and it all updates automatically. >> now, everyone just checked this guy like calendar how would really happen tonight at nine on cnn college campuses across the country are again playing host to student protests demonstrating against israel's war on gaza. >> hundreds of protesters were arrested yesterday as police cleared demonstrators and they're in camp minutes on a number of campuses nationwide. camila bernal is with us now. she is live on the campus of ucla in los angeles and kamila, we heard reports earlier. you were reporting that there had been some altercations between protesters and counter protesters. there on campus. what can you tell us? >> yeah. just to go, we absolutely saw the violence, the altercations, people pushing and yelling, and things getting violent, both verbally and physically throughout the day. but finally, up, police officers with campus police essentially moved all of the

protesters out of this area so they use a lot of these security officers to essentially be the first line of defense so that the police officers were not engaging with a lot of those protesters. so instead these security officers with some of their bicycles pushed those protesters out and then you had campus police officers in their riot gear following behind so that they did not directly enter fear with those protesters. so here you're iclei. we did not see any arrests. we did not see police involvement throughout the day, but we did see a lot of passion on both sides of this issue. i saw the violence both from the people who were here to support the jewish students and from the pro palestinians and the people supporting them both of them were essentially yelling at each other. some points i saw people pushing some of these security guards there was definitely a lot said throughout the day and it was essentially impossible to get these people to agree or to listen to each other. now, right behind me, behind this metal barrier, it's hard to see

because we're not allowed to go back there. but that's the encampment. those are the students that are saying here permanently for as long as they say, or as long as it takes for them to engage with the university, they say they want divestment they say they want essentially clarity into where the university is investing that money. and they say they're going to continue to stay here the university until they make progress on that. so the people at the encampment, they actually were not allowed to come into this area where the protesters were earlier. so the people that were here were essentially just supporting their, the jewish students or the palestinian students who are inside in that encampments. so again, things are quiet right now, but we did speak to people on both sides of the issue. take a listen to what they told me the community here is just here to support the students who are i've been keeping this encampment up or days now, they've been applying pressure to the university and the university has not even come to meet their demands yet so the community is here to

make sure that the students voices get heard on our campus, and that they disclose their financial investments and divest from war from genocide and from weapons manufacturers we are for peace. i can tell you that right now, we have come here to demand for the release of our hostages. we are coming here to show them that we're not afraid. the only people that are calling for aggression or the people hiding behind those masks because they are too afraid to show their face. do you see anyone here with a mask on this side of the process? no, because we stand with what we believe in so a lot of divisions and i ask people on both sides, you know, and told them we saw the violence, we saw people pushing, we saw people getting physically violent and nobody really wanted to address that. >> they kept saying, you know, we're here to support the students were here get, our point across. so it was difficult to get people to actually address the violence, but we did see that today. of course, as i mentioned, the university essentially shutting this down and now everybody

sort of dispersed and gone back home. jessica. >> all right. camila were in all four us on the campus at ucla. thanks so much for that reporting still ahead today, hostile hostage talks between israel and hamas are looking at the main stumbling blocks that remain and whether a hostage deal could stop a massive ground operation in rafah, you're on this in a newsroom so this playoff, great trust each other. >> we're going to do a trust falls stand up, trust what we have dark told you it was a dummy transfer your ira or your old 401 k to robert. goodbye. april 30th, and we'll give you a 3% boost. with the biggest match of any ira on the market. robin hood gold gets you the most for retirement now, at t professionally installs google nest products. you're all set,

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journalists elliott gotkine tells us there's no that's not easing pressure inside israel for netanyahu to move ahead the operation jessica, even before president biden and prime minister netanyahu got on the phone on sunday. >> there were calls from within his own right-wing coalition from hard-right ministers, bezalel smotrich and itamar being fair to suggest that if this rafah operation, this mutated operation in rafah doesn't go ahead, come. on. may they would effectively leave the governing coalition. now, israel hasn't said that it would show this operation, this planned operation, quite the contrary, what we're hearing from officials is that even if there is a temporary ceasefire that season, number of israeli hostages who were abducted on october the seventh, freed from captivity, that the rafah operation would still go ahead would simply be postponed at the same time as this the other big development is the hostage talks remain ongoing, mediated by egypt the main stumbling block, according to israel and the united states is hamas has continued insistence that

israel agree to a complete cessation of hostilities and the withdrawal of all of its forces from the gaza strip in order to do a deal, something that minister netanyahu has in the past described as a delusional demand. nevertheless, there are still hopes that a deal can be done. now, we also saw hostage videos, more videos of hostages released by hamas over the weekend this time of israeli american hostage keith siegel and israeli omri miran. now while these videos showed us is 30 first of all, that they are alive. this is the first proof of life. are these two men that we've seen since they were abducted as part of hamas's terrorist attacks of october the seventh it also shows, i think hamas is desire to get the israeli public to put pressure on the israeli government to come to the table and do the deal that hamas is offering, but also to put pressure on the united states because two of the three hostages that have appeared in hamas hostage videos over the past couple of weeks have been us citizens. the hope therefore being that the us administration will also put pressure on the netanyahu

government to do a deal. the other thing we're watching this weekend is an announcement by world central kitchen seven who's aid workers were killed in an israeli airstrike in gaza early this month world central kitchen saying that it's going to resume aid deliveries on monday because it says that humanitarian situation in the gaza strip remains so dire. jessica like i can thanks so much for that and a lot to discuss here. we've got seen a military analysts and retired air force colonel cedric leighton, kernel, thanks so much for being with us on this sunday afternoon. i just want to kind of lay everything out and it's going to take just a second, but just so we're all on the same page, we know as sources telling cnn that a majority of the call between president biden and israeli prime minister netanyahu today, did focus on the hostage deal and the white house readout of the call said about any israeli operation in rafah that the leaders discussed and the president reiterated his position. we know that the biden ministration has told israel they want to see a plan

that includes protecting civilians but an israeli official is now telling cnn that israel will continue its invasion preparations. even if there is a hostage deal. and then we have this today from national security council communications adviser john kirby well look i think again, we have to have a better understanding from the israelis about what they want to do is a matter of fact, we've had several staff talks with them. we intend to do that moore dave assured us that they won't go into rafah until we've had a chance to really share our perspectives and our concerns with them. so we'll see where that goes. >> so kernel knowing all of that, how do you see this playing out in front from this particular moment jessica, good to be with you. >> there are certainly elements here that i think really indicate that both sides are kind of in a very intransigent to space you both. the israeli please, in the form of it and yahoo government as well as the us. and the reason for that is

that the us is looking at this is not only a public relations disaster, but a humanitarian disaster. and they're trying to avoid getting themselves wrapped into this kind of an operation that could result in tens of thousands more more people, more civilians being killed on the israeli sayyed, though you have people who are looking at this from the government perspective, especially on the right wing and they want military action with prime minister netanyahu saying that he wanted to destroy hamas. he is, i think basically bent on some kind of a the operation in rafah and that is of course going to really test the relationship between the us and israel you're right. >> he said he wants to destroy hamas. that would be victory. what does that look like? is that attainable? is that something that can actually be done? >> i don't think so. and yes, you can go in and you can take out the leadership. the problem with that is there's another person waiting in the wings to take over that particular role

in whether it's the head of hamas or one of the subordinate divisions of hamas those kinds of things are going to happen in the rule problem have you have is this is an ideology that has really percolated throughout a large portion of the gaza population. now, not everyone in gaza is supportive of hamas, but the fact of the matter is, is that there is a large portion that is that large portion could very well dictate things and basically fuel the intransigence on when hamas and israel, so you've got a lot of people in this particular mix who are really creating a big problem because they're not willing to budge from their negotiating positions. >> militarily. we haven't israeli official that's telling cnn that preparations from a rafah ground invasion are going to continue to move forward even if there he's a hostage deal militarily how do you balance those two things? both, again, an invasion into rafah, which the idf and israeli

government believes is part and parcel with eliminating hamas. but also their desire to get these hostages back in. and can you do both at once or are they going to have to choose? >> yeah, i see usually in most cases like this, jessica, they would have to choose one way or the other. but one of the unique things about this particular situation is that in some ways when the israelis threatened to move into a place like rafat, they were actually putting pressure on hamas. so in some cases, we've had the hamas release you some of the hostages earlier, a few months ago. and that's i think was the result of a lot of israeli pressure. so what's going to happen, military pressure that is, so going to happen is the israelis took a lesson from that. they're going to say, okay, we can continue to do this, we can continue to put pressure on hamas and we will do so until basically there's no other way. but before hamas spot to the the hostages, but it's a long drawn out process. and i would say it's not an efficient process as well all

right, kernel set of layton, great to have you. >> thanks so much. >> you back, jessica still ahead. >> former president donald trump is planning for a possible second term in office and we're looking at his plans to overhaul the federal government you're on the scene and how it really happened tonight at nine on cnn the right mattress makes everything clear. i know how to repair my relationship with my father the right mattress matters will find yours. it's the friends and family sale. save up to $700 on ceiling and get a free adjustable base mattress firm. >> if advanced lung cancer has you searching for possibilities, discover a different first treatment, immunotherapies work with your immune system to attack cancer, but up devo plus your voice is the first combination of two immunotherapies for adults, newly diagnosed with non-small cell lung cancer that has spread tests positive for pd-l1 and does not have an abnormal egfr or alk gene up devo plus your voice is not chemotherapy. it works differently it helps

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>> he's specifically talking about his plans to overhaul the federal government and eliminate what he calls the deepstate cnn senior investigative correspondent, young law tells us how big of an impact his promises could have on the federal government at every 2024 campaign rally for former president donald trump he makes a vowel. we will demolish the deep state. we will demolish the deep state, we will demolish the deep state. >> the deepstate is his named enemy federal workers, who trump believes conspire against him. >> here's my plan to dismantle the deep stated reclaim our democracy from washington corruption and trump's 10-point plan and his campaign website outlined sweeping changes he wants to make to government agencies faceless bureaucrats will never again be able to target and persecute conservatives christians, or the left's political enemies. the end result would erase federal worker protections that have been in place for more than 140 years. eliminate

entire departments and consolidate power around trump to understand the impact of what could happen in trump's second term. you only have to look at his first. >> i will immediately reissue my 2020 executive order, restoring the president's authority to remove rogue so bureaucrats that executive order he signed just before losing the 2020 election turns government jobs into political appointments, giving the trump administration the power to fire employees at will and replace them with loyalists, making them according to this federal report, subject to removal per partisan political region seasons, they want people doing scientific research to the nuclear regulatory commission who don't have the qualifications to perform that kind of work. they're all like qualification is an allegiance to the trump agenda. jacqueline simon represents a large government employee union. >> she says the expertise of government workers can't be replaced on a political win once that kind of stuff is politicized, let's say you deny

a disability claim based on somebody's politics. >> how do you feel as you think about what the federal workforce could look like? >> it's very disheartening and it's scary. i think that there will be a massive exodus of competence. >> i do think that this is in part an effort to weaponize the bureaucracy lifelong republican robert shea was a political appointee under president george w bush. >> he believes politics should be kept out of the federal workforce no matter who is in the white house. >> i would expect to see wide swaths of civil servants removed from their positions and replaced with people more loyal to president trump. >> do you read this? >> as loyalty test? >> i do. >> these documents obtained by the national treasury employees union show the trump administration plan to cut deep one agency proposing almost 70% of his position should become political appointments by

claiming they deal with policy it specialist data management, budget, information support manager. we read the jobs lists to former obama era omb official kenneth baer so why would you make all these positions political appointee? >> because that's what they want to destroy the independent objective civil service that's why i think it would really fundamentally we can the american government, but also american democracy if we got rid of that career staff deep say must end, will be brought to heel. it's but that's only part of what trump appears to have in store. move parts of the sprawling federal bureaucracy to new locations outside the washington swamp to places filled with patriots who love america. >> he's also promising to relocate federal agencies out of dc, something he did in his first term i was devastated. the trump administration targeted to agencies at the usda moving hundreds of jobs, including katharine green's out

of washington to kansas city. the official reason was to create significant savings for taxpayers, improve usda's ability to attract and retain highly qualified personnel and attract a diverse first staff. >> but the exact opposite happened. >> in fact, one government study showed that the administration excluded critical costs and estimate for moving agencies. and after two years, the workforce was made up mostly of new employees with less experience the number of black employees declined to about a third of what it once was. >> the goal was to uproot the agency in such a way that most people would have to move on. and most people did. >> the biden administration is trying to slow down any action trump could take against federal employees if he wins the 2024 election by finalizing a new rule that says civil service protections can't be taken away from employees unless they voluntarily give them away experts tell us while that might put a pause on trump's plans, essentially

putting in a speed bump, ultimately, trump could do what he is planning. >> the only permanent fix would be legislation passed by congress young law, cnn, los angeles county. thank you. and still ahead. harvey weinstein hospitalized just days after his 2020 new york rape conviction was overturned. what's next for him and his accusers? after that ruling your in the cnn newsroom what is it about the titanic? why are we so obsessed with this ship every piece of evidence tells a story 100 years later. it's still leaving people to her. death. >> this special to our titanic per meter. >> how would really happen? >> good night, good night once cnn gladstone new, you served a

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cnn disgraced hollywood producer harvey weinstein is in new york hospital tonight just days after one of his rape convictions was thrown out. it is not clear why he's in the hospital on thursday, the new york appeals court ruled weinstein's trial judge allowed prosecutors too much leeway and witness testimony. he was sitting but it's a 23 years in prison back in 2020. he is unlikely to be released because he was separately convicted of rape and assault in california. attorney and legal affairs commentator or even martin is joining us now to talk more about this, or even nice to see you. thanks for making time good to see you. >> so can we just start first, help us? understand why weinstein's conviction was overturned here so essentially what the appeals court did, jessica is determined back the trial court error made a significant error in allowing prior bad acts witnesses to testify. >> these were women who said

they had been sexually harassed best or assaulted by harvey weinstein, but their cases were not the subject of the prosecution and what the appellate court said is that these witnesses testimony was more prejudicial than probative. and because the judge allowed that testimony in that the trial was unfair to harvey weinstein. the judge also said that the appellate court, i should say, also said that the judge made it clear to the harvey weinstein's defense team that if he took the stand and testify that the judge was going to allow prosecutors to bring in all of the allegations that essentially have been made against him. many dating back past the statute of limitations and the appellate court said that was also unfair and may have prevented harvey weinstein from taking the stand in his own defense and so what does this mean for prosecutors as they rethink if and when they want to retry this case well, we've already heard from the

manhattan district attorney who happens to be a different district attorney, then the one that actually move forward with this case. >> but alvin bragg in manhattan has said he absolutely positively will retry harvey weinstein. but the big question is going to be will attempt to have prior, bad acts. witnesses testify. will he attempt to have fewer of those witnesses or will he be prohibited from the trial judge from using any of those witnesses? and if so, might that mean a different outcome in terms of how the jury interprets the testimony provided by both the victims and any testimony provided by harvey weinstein's team. >> and he's also just remind everyone been convicted in california's we just mentioned for similar charges, that sentence was 16 years. i would assume that conviction is going to keep him in prison as he awaits a potential retrial in new york absolutely. >> jessica, i don't think he's going to see the light of day. he's going to remain

incarcerated in new york as the district attorney has said, he is going to move forward with trying the case. and as you indicated, he's facing 16 years in california. however, we should note that he has legal team is indicated they are also appealing the conviction in california. the ruling by the appellate court devastating in some ways, obviously to the me too movement we had seen this seismic shift in the way these cases were prosecuted, the way victims were finally starting to be both heard and believed. and many believed this ruling by this appellate court could have a negative impact on women could be chilling to those women, particularly who are often afraid to come forward and to tell their stories. or they could also see themselves and we can see many victims are being impacted and a negative way by this ruling and before i let you go to there are any precedent or similar case like this that's been overturned? >> i kind of think about bill cosby's case is that similar

very similar. >> and if you read the dissent that was written by one of the judges on the new york court of appeals. she talked about the fact that the new york court of appeal has a history of old returning cases of sexual assault case is very similar to the weinstein case. the reality is, we still have a long way to go in this country with regards to how sexual assault cases are prosecuted, how evidence is presented in a courtroom for these cases, and how women or both listened to believe and treated in these cases or even more thanks so much for joining us thanks, jessica. >> we'll be right back so this playoff, great key-based trust each other. >> we're going to do a trust stand up, trust what we have dark told you a dummy before planning the wedding your bad

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