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tonight on three 60, new cnn polling which shows which republican candidate does better against president biden, what she likely owned faced him, and what voters make of their choices. also, tonight at the mother of a school shooter on trial for involuntary manslaughter takes the stand, what she said today in defense of her parenting. and later, just in time for our election, cnn's donie o'sullivan brings us the story of a recent election elsewhere which was touched by a.i. deepfake technology. the candidate is warning us to brace for impact here. good evening everyone, john berman here in for anderson. we begin tonight with fresh evidence from anyone who believes or better or worse that the republican party is not on its way to nominating the strongest candidate against president biden. new cnn polling, now as with all pulling it is just a snapshot, but it does follow a trend. in it, president biden trailed donald trump by four points,

which is just outside the margin of error, that is the same as it was thus far back as last october. on the other, hand when matched up against nikki haley, that gap widens to double digit 13 points. 13 points versus four points for trump. her problem continues to be persuading republicans, even in south carolina her home state, where she is the underdog in the primary there later this month. cnn's jake tapper spoke with her earlier today. >> why doesn't this electability argument seemed to mean more to republican voters, do you think? >> well, i, mean that is the argument we are trying to make. i think the reality is, 70% of americans do not want to see a biden trump rematch. that is just a fact. the fact that we would have to 80-year-old candidates running for president is absurd. >> one of those candidates, president biden was in michigan today speaking with autoworkers, trying to capitalize on last week's endorsement by their union, the

uaw and what is expected to be a tough battle in that state this november. with me here, now cnn political commentator former trump white house communications director -- also in columbia, south carolina, tonight the -- cnn political analyst and state lawmaker -- alyssa, let mr. with you. the pool is what the poll is. in all the polls seem to say that nikki haley needs joe biden might much more than donald trump does. will ask you the same thing that jake asked nikki haley today. why doesn't that seem to matter? >> this is the conundrum of this race for republicans. we have seen, there is actually been bigger margins, at one point she was 17 points ahead of biden in a head to head matchup. the problem is, as we live in this media ecosystem where they just believe a different set of facts. if his round yourself with folks consistently think trump is the best fighter, he is the most capable, you have all of these congressional endorsement thing that as well, i think voters start to believe it. they would honestly rather risk losing with trump then winning

with nikki haley. is rock-solid hold on the republican party feels unbreakable just by the fact mcgeachin's hands down a better candidate. >> so last night, -- sitting with me here saying the longer nucleolytic the, race the app here he is. do you agree? initiating trump in a way -- >> her name is -- mickey halle is doing humbling of the democrats as we see here today and i'm sitting back and enjoying it a longer she stays in those areas weakening donald trump. donald trump, let's just say playing devil's advocate in the devil doesn't really need any advocating, an d chaumont in

fact the republicans don't want to choose the best candidate with the person who fears the, best then so be it. this is how it has become, which i do not use this likely, but they have become called like. just following people off a cliff, this is not rational, this does not make political, sands does not mean good common sense. but then -- chaumont -- how specifically does it wound him. >> because she is using a lot of the attack, lines and

chaumont was right and just when we begin to hear these character attacks on donald trump, they come from somebody who has conservative credentials nikki haley. they missed artistic. now they will not stick with the people who wear red hats, math they will stick with suburban women chotard for one of the first times i think it is south carolina. storms committee paying $50 million, picking up the tab for his legal bills. let's listen to that exchange. >> it is unconscionable to me that a candidate would spend $50 million in legal fees. it explains why he is not doing

many rallies. he doesn't have the money to do it. it explains why he doesn't want to get on a debate, stage because he does not want to talk about why he's doing it. that explains why had a temper tantrum in the election night of new hampshire, and when he doesn't have to spend any more. >> let's speak on temperatures trim there went around a month ago. >> i love this nikki haley, taking a different approach here, i think it is important for the country. i think it is -- it is literally what happens here. -- make the state of florida pay for his bills and it just shows the die hard fans they think they think it is a witch hunt, they need to be with him,

and the fathers light with other elected republicans are actually saying these -- -- could there be this time and -- democrats will not on february 24th, and the parties here on lake murray new hampshire and

some other states where there is a shade of different, we remember nikki haley for being the one who -- hospitals shut down. we remember the assault on the poor. we remember the assault on women. we still have leadership, so -- i do think though that to the point that was made in minutes ago, donald trump is actually very scared of nikki haley and south floridians know that nikki haley is -- only one man and his name was -- saying the

quiet part, loud using the presidents poll numbers to justify. >> why would we do anything right now, do you believe if joe biden's approval rating was at 53%, we would even be talking about the border. >> the full text of the national security is supplemental as early as tomorrow, and no later than sunday. as for the timing of the vote, i plan to fire closure on the motion to proceed to the vehicle on monday, leading to the first vote on the national security supplemental no later

than wednesday. >> now whether it gets the 60 votes to even proceed is unclear what happens if and when it hits the house however is not. from congressman new york to -- the bipartisan measure faces stiff republican opposition, and even though as lisa murkowski said yesterday, reaching this deal is precisely what they have been to, do you come of the top four we is a senator james lankford who recently described it this way. >> this will focuses on -- a border patrol agents and quickly detain their individuals and catch and release and focuses on additional deportation flights out and recommend a fast higher standard, and they get returned back to their own country.

>> so this is what congressman nielsen speaking out against, about neither he nor any of his colleagues have even seen by the way. texas congressman neil's it should be noted, and as a side note has policy differences referring to hustle publicans original bill. it is not the first time he has voiced his political motives for posing the senate compromise, almost a month ago to the day, he told cnn, quote, let me tell, you i'm not willing to do too much right now to help a democrat, and to help joe biden's approval rating. as others have been reporting, and a number of a publican sudden it is a large, that is also the former president's motivation. donald trump's motivation. none of which is sitting well with another republican in the texas delegation. >> i am extremely disappointed in the strange maneuvering of money on the right, and torpedo in the reform bill, that is what we all ran on doing. so we have a bill that decreases with immigration.

and if we have a bill that on that significantly decreases the elimination, if we sabotage, that that is inconsistent of what we told our voters we would do. and people make up whatever reasons they want to. there's a number of reasons i'm sure. and the election of duty. >> congressman crenshaw also had this to say about critics of the, deal quote, the height of stupidity he said is having a strong opinion on something you know nothing about. more now from cnn's melanie zanona who joins us from the capital. melanie, is this move by senator schumer to have a vote next week likely to force republicans in? >> well it is certainly going to be a showdown. we are expecting to see that long-awaited bill text sometime over the next few days, and voting on this package early

next week. -- and has read this vote next week. as a reminder, this package is not only going to include that border security, but also aim for ukraine, israel, and taiwan, which is what president biden had initially requested. but it is very unclear whether it is going to pass. as a reminder, anything needs 60 votes in order to advance. but this baggage is already facing opposition from the, right from former president donald, trump and even from the left. some democrats concerned that this conservative proposal goes too far in heating to some republicans demands. even if it passes the senate, john, this bill is dead on arrival in the house. so right now there is a lot of uncertainty about the path ahead, but there are some growing downs even among republican leaders that is ultimately is going to wind up on biden's desk. >> so what is plan b if or maybe when this package fails? >> well, there is some talk among leadership about trying to split off the bill and

trying to do a stand-alone bill just for israel and ukraine. even that is likely to face headwinds inside of the gop. there's many republicans who are resisting to more ukraine aid. that is why there was this effort in the first place to try to pair ukraine aid with border security policy changes, something republicans have been demanding, something they had been heating, on something they have wanted for many decades really here on capitol hill. ironically, john, those same republicans who are demanding those two issues be linked, they are now the same republicans who are criticizing and throwing cold water on this deal even though has yet to be released. >> melanie zanona, thank you for that. next, she is charged with involuntary manslaughter for what her school shooter sounded. what jennifer said today on the stand in her own defense as a parent. later, of the sacred migrants charged with attacking two new york police officers, for tonight maybe fleeing. new reporting on a possible whereabouts ahead on three 60.

>> in this country, no parent has ever faced involuntary manslaughter charges for a school shooting and their child kate out, until the parents of michigan school shooter war, which means until jennifer promptly took the stand today, no mother has ever had to

testify in her own defense in connection with the deadly actions of kherson. one now from cnn's jeanne casarez. >> that was the hardest thing i had to stomach is that my child -- and other people. >> the mother of the oxford michigan shooter who killed for high school students in 2021, for the first time defending herself in court. >> i have asked myself if -- and i wouldn't have. if you could change or have, been would you? >> absolutely. i wish he would have killed us instead. >> jennifer charged with four counts of involuntary manslaughter, after she and her husband got a gun for their 15- year-old son days before the massacre. she has pleaded not guilty. she appears to be shifting blame to her husband in her testimony. >> who is responsible for storing the guns? >> my husband is.

>> explain why you say he was responsible for that role. >> i just did not feel comfortable being in charge of that. it was more his thing. so i let him take care of that. >> she maintained she had no reason to believe her son was a danger to anyone else. >> as a parent is spend your whole life with the protection of your child from other dangers, you never would think you have to protect your child from somebody else. that is what blew my mind. >> she recounted the moment her husband called telling her that gun was missing. >> it just, my gosh, he has the, gun i never thought he was at the school shooting, i thought maybe he walked home and got the gun, and was in the field. i did not imagine myself actually going -- when we got more updates, oh my gosh, he is a school shooter, he will kill

himself. in my mind, a school shooters have, done they have killed themselves afterwards. so i yelled, and -- ethan, don't do, it because that i was going to kill himself. >> revealed in court, before -- the journal entries of the shooter just days before he opened fire killing four classmates. he writes, i have zero help from my mental problems, and it is causing me to shoot up a school. and my parents won't listen to me about hope or their best. the journal scene here was found in the -- mid however, jennifer testified her -- never have for mental issues. >> do you remember a time where he asked you to go to a doctor, or get, help and you said no? >> no. no. >> there is a couple of times where ethan has anxiety over -- anxiety about what he was going

to do after high school, but not to a level where i thought he needed to go see a psychologist or mental health professional right away. no. >> she described the threats she and her husband received after the shooting. >> i was feeling pretty scared. >> scared of what? >> scared that somebody might hurt us. >> the defense also attempted to portray jennifer as a normal mother. >> every year around thanksgiving i was -- the day after we got -- who was a big history buff, and -- jeanne casarez with me now, and -- >> first thing tomorrow morning's examination by the prosecutor, adding it will be long extensive scathing, the prosecutor -- every that we can find from that direct examination. >> i think he points are the

many, and the kiss was open in master bedroom on the bed, and the capability, we did not see that anywhere. did you find it? and many other things will focus. >> jeanne, stick around for a second, i want to bring if cnn chief legal analyst laura coats anchor of locusts live coming up at 11 pm life. laura, what did you make of jennifer crumbley's testimony in specifically her references to her husband and the fact that he purchased the gun and was responsible for storing it. >> i was riveted by today's testimony, because i was wondering what you would say our should appear and her demeanor, how should respond to the questioning, how she would return to the jury, how she would present herself. would it be sympathetic, would be shellfish earn, and a lot of a came out in how she relayed the story, particularly on the point she is talking about notice. her husband and her not being

tried together. that should have been the first clue. have a bit of finger pointing, to suggest it wasn't me, i am not the one responsible, i'm not the one at the end of the day holding the bag. she referred with not only him having haugen, but perhaps his knowledge of being the -- guns were his thing. she was not comfortable -- -- of that day. that fateful day. the franchise and beyond. they are what seems to her like a lack of urgency. their stage advice about prospective treatment in the future, but not actually talking about a real present an imminent threat to bodily harm and death. so i think she was looking at a way to suggest that, look if i am the person who is supposed to be blamed, there is blame to go around. if i did not have the knowledge, in fact she talked about it in the book is, well there are moments in the discovery, process a fancy way of saying with the prosecution as to give evidence used against you, it was not her,

then she, says she learned about troubles he was facing in school. so without that foreseeability, and, notice she is trying to make the defense that i had no idea and had i known, i would have been armed with the appropriate tools, but i didn't. >> the judge ruled that the shooters to gel psychiatry will not be able to testify. why is that significant? >> this is -- he told his like i trust, yes i texted my friend that i asked my parents for they would not help, me but i really did not ask them. there's other things, and he wrote in his journal he was not researching, and did not want to be a serial killer mass murder. he said i think there will be a mass murder, but i was born this way he rates. and no one can stop me. that is not coming to this trial before the jury. >> laura, there is a moment at the end of proceedings today which really peaked my

interest. the defense attorney told the judge, she and her client did not agree about how to handle the rest of the defenses case. so what do we think that means? how common is it, and why would a defense lawyer say that? >> that was a really important moment. i'm so glad you noticed. it because, the lawyers in charge of the legal arguments obviously, the strategy, overall but the must -- that client relationship maintained. and no shortage of, terms we have a real disagreement of -- what she might use that evidence and who might take the stand, and perhaps she is saying look you may want to call that, president you may think that person is a value, but remember you can be attacked and credibility, they can be impeached, not just political, term but to mean the credibility is attacked and something as part of the trial come up, you -- rest the

defense to come and use against so that could be a real airpods moment there. also, it is an interesting moment, in all the discussion about hallucinations and whether you are somebody not in his right mind throughout, she really downplayed discussions on this. i wonder how that will play later in the trial. >> laura coates, we will see at 11. jean casarez, thank you very much. with this cross-examination happening, tomorrow starting at nine, o'clock we can watch that month in a new central we will be there for. that ahead, new developments in the attack on two new york police officers over the weekend. seven migrants, charged and word that for me trying to flee. our john miller joins us with the very latest on that. plus, health ethics committee investigating into republican congressman matt gaetz may be expanding as a source says, they have someone who was once very close to him, now want to question. details ahead.

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they fly over the border security bill takes place as a senior law enforcement official tells cnn that four of the seven migrants charged in this attack last week on two new york police officers, they have left the city and may be flying to mexico, they may be headed by bus to california. the officers trying to break up a disorderly group outside of times square, we are joined now by john miller chief on for smith analyst also a former nypd deputy commissioner. what are you hearing from your sources tonight? >> well, what we are seeing is kind of a clash or collision of teams that have deeply affected new york and the country while he talks about a border bill. one is the waves of migrants who have come, here and the city struggle to be able to

provide for them with what the mayor has said many times eric adams not enough help from the federal government. at the same, time you have this incident that highlights some of the tensions where you have an assault on police officers trying to make an arrest by a group outside a migrant shelter and then they are tracked down and arrested by detectives brought to court where the district attorney's office did not ask for them to be held on mail even though they literally have no roots in the community here. and now, they are traveling according to my sources and the nypd, on a bus towards the mexican border under false names after getting tickets from a charity organization. so we've seen a lot of tension here and anger on the idea of what the police union -- calling a broken criminal justice system. >> so some of these guys are on

a, bus they are known to be on a bus, can they be pursued, apprehended, brought back here? >> so the obvious answer is, not yes. they were released on their own recognizance, so had they been held on bail, had they made bail, had there been restrictions saying don't leave town, that would be different. it would be a violation in the conditions. since they were released on their own recognizance, the assumption has to be innocent till proven, guilty that is a pillar of the constitution. but also a return to, quote it is just a people return to court do not travel under false names towards the mexican border after they have assaulted a mexican police officer. so that is what is -- the police union, and the critics of the criminal reform bill. >> that is a -- so you have a district attorney that does not ask, then you have a judge that does not bring up the question shouldn't we set male here.

it is an offense under the new laws, and it is a crime under the likelihood of the return to court which i think is getting thinner by the minute. >> let me play some sound from the nypd chief of patrol. >> he reprehensible, cowards, you have eight people attacking a lieutenant and a cop running up trying to kick in the face and you want to know why our cops are getting assaulted? there is no consequences. we must change this. and of story. >> police seem -- >> because they have -- and i don't think we have heard the last of the story. but we will stay on. it >> all right, jen, miller thank you so much for this reporting. this was exclusive reporting i should say. back to congress where we have an important update on the house ethics committee investigation into congressman matt gaetz. is or says members have reached out to someone who is a key witness in the federal

investigation of gaetz, and ended a year ago. this ethics investigation might be expanding. paul originally says now with the latest on this. paula, who is this witness? how do they figure into the ethics committee investigation? >> well i want to be, clear we are not talking about the woman who was still 17 when she allegedly had a sexual encounter with the congressman. we reported last week, that individual has been contacted by the committee. now we talking about different woman, a former capitol hill staffer who has been linked romantically to the congressman as far back as 2017. and that period significant, because it is when the congressman allegedly had sex with a minor. this ex-girlfriend and it up being a key witness in the federal investigation into the congressman. she was granted immunity, barr criminal liability she could, have and she testified before the grand jury in that investigation. of course, the justice department wrapped up its -- last year without any charges

being filed. now this outreach is significant. it is another sign that this ethics probe is expanding to include looking at potential sex trafficking, was about illicit drug use, and these questions about whether the congressman received anything improper in terms of trips and other gifts he may have received. these are the things his ex girlfriend was talked about the federal investigation, and maybe asked about here. she is not expected to cooperate voluntarily in the ethics probe. so it is expected they would likely have to subpoena her. >> what is congressman gaetz saying about all this? >> so congressman gaetz clearly not very happy about the ethics probe. he previously blamed former house speaker kevin mccarthy, for resurrecting this ethics probe that had been put on hold while the federal investigation moved forward. after cnn broke the news that this ethics investigation, starting to reach out to witnesses, engage, privately named mccarthy, and behind the push to oust mccarthy from his

speakership, now today gaetz responded with a statement saying, the ethics committee is engaging in payback against me for ousting the person who singularly appointed every republican. now mccarthy has denied being the power behind this ethics, probe i also want to point out, john, since mccarthy has been ousted in, this investigation is not only, continued it has expanded and become much more aggressive than it was when he was speaker. >> all right, paul, arenas in and chief legal affairs correspondent, thank you very much. just ahead, the story of a closely divided electorate and a deepfakes cannot days before -- that may have had an effect on the outcome. this is a cautionary tale for u.s. politics next.

>> it has been more than a week since -- used in a voice of president biden to tell them not to vote in the new hampshire primary, and we still did not know who was behind it. it is the sort of deepfake dirty trick that worries election experts, particularly as i are generated political speech exist in a legal gray area. lawmakers are far from any kind of legislative solution.

there is no indication that this robocall affected result, but donning a solvent reports on a close election in europe where a last-minute deepfake may have had an effect. >> do you think this this sounds like you? >> it does sound like. me >> it sounds like him, but it isn't him. this is -- he is the leader of the main opposition party here and slovakia, and on the eve of this country's elections last, year he was the target of a deepfake. >> my party was advocating a strong point of -- to help fend off the russian aggression. >> just two days before -- plastics and, action this audiotape began circulating online. it proportionate to be a recording of a conversation where -- talks about stealing the election. >> so it just did not come out of the blue. it came against the backdrop of the elections were to be legitimate to be rigged.

>> his party, progressive, slovakia went on to lose the election by a few points. >> the you think this could have changed the results of the election? >> no way of knowing. we have stats that -- 100,000 views, but it probably had some effect. >> slovakia is a country of some five and a half million people and is bordered by poland and ukraine. >> so a lot of experts say americans should be paying closer attention to what is happening here in eastern europe, as it could be a sign of what is to come in the united states. >> my warning is based yourself for upcoming -- deep fakes, we will be targeting presidential candidates in the u.s.. >> then you ran a government agency and slovakia that countered disinformation. >> in my professional capacity, i do believe these deepfakes were part of a wider influence campaign by -- to interfere into -- >> on the same day the deepfake emerged, the russian foreign

intelligence agency published a press release that pushed a similar conspiracy theory that the u.s. government and -- we're working to rig slovakia's elections. the director of nato said the deepfake and russian statement simultaneously correspond to each other, and promote the same false narrative. >> so you do not think the svr statements and the deepfake, the fact they came out almost at the same time, you do not think that is a coincidence? >> no, i do not think it is a confident all. to me, it is that this is all part of a wider operation that was aimed to disrupt the outcome of the elections. >> one of the earliest post of this deepfake came from the pro russian politician and slovakia, who also pushed election conspiracy theories on russian tv. >> some of the first people to share on social media here seem to be pretty russia friendly politicians. >> they are. they are russia friendly politicians. it can't be definitively proven

that this has some -- but this of course the loss for progressive slovakia and a win for the other side would and does serve russian interests. that is for sure. >> kremlin officials did not reply to a request for comment. even today, -- there are still versions of the deepfake circulating on social media, including on facebook. >> facebook reaction was very inconsistent, and in some cases they just -- that this is most likely disinformation. in other cases they remove the recording. yet another, cases they are left with -- >> what is your message to facebook? >> guys, get your house in order. >> asked about a misinformation, facebook's parent company told -- and feed so fewer people see. it cnn found multiple instances where the company did not label this deepfake, and their statement did not explain why.

>> regardless, once the peak spreads, the damage can be done. even some of his own supporters were confused. >> people who are educated in politics, and stand at what is at, stake but still were confused about the -- >> wow, so people who are politically engaged, supporters of you -- >> absolutely. so i think this might be the year where we see deepfake boom in elections, all across the world. >> that is ominous with our election just ahead. he is with us, now we mentioned this could be a sign of what is to come in u.s., elections or is the u.s. government doing about this? >> yes, absolutely, john. from u.s. government officials we have spoken to, this is something that is very much on their radar, and concerns about how this could play a factor not just presidential elections, but elections all across the country. nothing is, this technology, you know, to make fake's like, this to make a fake of my voice, or your voice, john, now

the technology only needs a few, minutes sometimes even less than a minute for somebody's voice, audio of their voice. you could make it sound like they have said anything. in the past, this type of thing might have been only available in the realm of nation state actors, and governments to create this sort of disinformation. now anybody can do it. i think that is going to be the real big concern as we go into the election. >> fascinating report. thank you very much. >> so what do you do if people are not saying nice things about you online? if you are china, apparently you censor them. how the government there is doing their best to wipe the internet clean of anything negative about one of their major sources abroad. that is next.

china is known for cracking down on critics, not a government internet sensors have focused on a growing

target. critics of the nation's economy. details from cnn's ivan watson. the world's second largest economy had a tough year in 2023. now, one of beijing's answers to the challenge, ban and erase criticism of it. in december, china's ministry of state security issued this order. resolutely crackdown and punish illegal criminal activities that adding danger to national security in the economic security field. apparently, that includes disappearing negative commentary from the already heavily censored chinese internet. on december 1st, this prominent economic professor -- advised people not to invest in the following chinese stock market. >> now all of the professors social media accounts are frozen. when you click to follow him, you get this message which translates. it is forbidden to follow this user.

due to their violation of relevant rules. >> cnn found similar freezes temporarily imposed on at least five other chinese economic analysts. also removed from the internet, this documentary highlighting economic hardship among chinese migrant workers. >> i think the chinese economy is at a -- at the moment. i don't think it has started falling off yet, but it is getting to a point where things can get much more difficult. >> officially the chinese economy grew by more than 5% last year. the country's youth unemployment rate keeps hitting record highs. then, there is china's all- important realest eight sector, which along with related industry is used to make up 30% of the chinese economy. >> this is the hong kong office of the biggest symbol of china's real estate crisis, evergrande. until two years, ago this company was the largest home

builder in china, employing some 200,000 people. then, the company defaulted on its debt, now a quarter here in hong kong has ordered the liquidation of evergrande. across the country, protests against angry new home buyers demand completion of unfinished homes, that they have already paid for. perhaps the only other sector gloomier is the country's stock market. for the past three years, the combined chinese stock market last more than six trillion dollars. >> i haven't made any money out of the stock market. so i sold all my stocks. >> the chinese economy is strong, and it will be stronger, says this beijing resident. perhaps president xi got the message from the country's top propaganda officials. there, order amplify bright prospects of the economy, as china heads into 2024.

>> so before i bring ivan, in i want to show you cnn's feed of this program as it is being seen in china, or more accurately, what chinese censors replaced it with as soon as we mention the story that you just saw. again, columbus, it is not going out. so if china is censoring economist and cnn's reporting about, it and most of their economic data is released, it comes from the chinese government, how hard is it to get a true picture of the chinese economy? >> it is a big question. it is the big question for economists, and for investors with the reliability of these numbers. especially back in august when the government announced it would stop publishing youth unemployment numbers after several months of record highs. the route has changed a, lot foreign companies used to line up to try to get access to the huge chinese market, last year for the first time in 25 years, john, foreign direct investment

into china went into the negative. that means more companies appear to be pulling out more money than they were investing into their corporations, into their operations. companies like vanguard, the asset management company telling cnn, it was selling its stake and closing its office in shanghai at the end of last year. so the chinese government, it has a long way to go to rebuild its credibility with international cooperations, and also i would, argue with ordinary chinese consumers. i'm not sure that censorship and ordering officials to paint rosy pictures about the economy, that is a winning strategy to build consumer confidence in an economy that clearly has some big problems. >> a revealing report. there thank you very much. we will be right back.