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Erin Burnett Outfront

Justice Alito Blames Wife For Flying "Stop The Steal" Flag; Marjorie Taylor Greene Digs In On Insults After Chaotic Hearing; "Diddy" Seen Assaulting Then-Girlfriend In 2016 Video. Aired 7-8p ET

Aired May 17, 2024 - 19:00   ET




Justice Samuel Alito throwing his wife under the bus as calls grow for him to recuse himself from any cases related to Trump. Those crucial opinions are expected any day. And the nation's top constitutional expert, Laurence Tribe, is OUTFRONT.

Plus, MTG versus AOC. Marjorie Taylor Greene now doubling down after a late night House brawl that played out on camera. A top Democrat in that hearing room is my guest.

And CNN's exclusive video of Sean "Diddy" Combs physically assaulting his former girlfriend. A reporter who has long covered the mogul is OUTFRONT. Is this just the tip of the iceberg?

Let's go OUTFRONT.

And good evening. I'm Erin Burnett.

OUTFRONT tonight, my wife did it that is the excused from Supreme Court Justice Samuel Alito, as voices are growing louder for him to recuse himself from two crucial cases tied to Trump, cases that the nine justices are deciding right now, we could find out and some of these any day. They're related to Trump's efforts to overturn the election. And that is why this image is at issue.

The image obtained by the New York Times was taken just days after the January 6 insurrection. And as you see, that's the American flag intentionally flown up upside down. It is flying outside the home of Justice Samuel Alito.

Now that, choosing to do that is a known symbol of solidarity among Trump's supporters who believed that the election was stolen.

Now, tonight, Alito is insisting that he had nothing to do with it, telling "The New York Times", quote, it was briefly placed by Mrs. Alito in response to a neighbor's use of objectionable and personally insulting language on yard signs. Mrs. Alito -- blaming his wife.

While the blame Mrs. Alito excuse is not flying with the chairman of the Senate Judiciary Committee, Dick Durbin, saying in a statement, he says a leadership recuse himself from any cases related to the 2020 election. Obviously, that means the immunity case and the Jack Smith case. Durbin writes in a statement, flying an upside-down American flag, a symbol of the so-called Stop the Steal movement, clearly creates the appearance of bias.

Now, just to state the very obvious here for me, for everybody watching, the Supreme Court justice should know better than to have such a blatant political display in his front yard. It's common sense.

But if there were any question about it, the court does have an internal rule book that he could have consulted. It reads: Employees may not engage in partisan political activity, for example, publicly support or oppose a partisan political organization or candidate. This includes displaying signs or bumper stickers, or stating positions on social media.

Pretty obvious stuff, but important to note in the context of the fact that public trust and the Supreme Court is near record low according to a Gallup poll. And the Supreme Court, as I speak, as I said, they are as we speak making crucial decisions. They are considering outcomes that could determine the next election.

Remember, one of the two cases they are deciding is the immunity case. That's Trump's defense that he has absolute immunity from criminal charges in relation to anything he did while in office. So, if the Supreme Court grants Trump that immunity, Jack Smiths case is done and over, it is gone. They've never seen the light of day.

And the other issue before the Supreme Court involves the Justice Department's ability to charge participants in the January 6 riot. It could affect hundreds of convictions.

Now, of course, it's not just Alito on the court who is letting his wife take the heat. Justice Clarence Thomas has been silent about his wife's attendance at Trump's January 6 rally, and her efforts to try to overturn the election, including text messages that she sent to Mark Meadows, Trump's chief of staff.

One said: Help this great president stand firm, Mark, you are the leader, with him who is standing for Americas constitutional governments at the precipice. The majority knows Biden and the left is attempting the greatest heist of our history. Again, that's Clarence Thomas's wife, Ginni.

The bottom line is two of the nine justices on the American Supreme Court have spouses who have made very clear unambiguous political statements and actions and words. And those justices are sitting on the bench, and as we speak weighing in on cases that will determine the presidential election and Trump's fate.

Jessica Schneider is OUTFRONT live outside the Supreme Court.

And, Jessica, this is really an incredible moment, and this is a court that finds itself embroiled deeper and deeper in controversy.

JESSICA SCHNEIDER, CNN JUSTICE CORRESPONDENT: Yeah. I mean, you got it, Erin, there are multiple ethics questions facing this court, all while the public approval rating is just plummeting.


You heard from Democratic Senator Dick Durbin calling on Justice Alito to recuse himself from any 2020-related case. But all signs right now are that Justice Alito nor Justice Thomas have any plans on accusing all while there's this mountain growing questions and criticism.


REPORTER: Have you enjoyed your husband big on the court so far?

MARTHA-ANN ALITO, WIFE OF SUPREME COURT JUSTICE SAM ALITO: Well, it's been quite an adventure as you can well imagine.

SCHNEIDER: Martha-Ann Alito has largely stayed out of the spotlight since her husband joined the Supreme Court nearly two decades ago, and his far-right views came under attack during a grueling confirmation process that left her emotional and Senator Lindsey Graham jumping to his defense.

SEN. LINDSEY GRAHAM (R-SC): Guilt by association is going to drive good men and women away from wanting to sit where you're sitting.

SCHNEIDER: But now, her husband is putting her squarely in the spotlight because of this picture published by "The New York Times" showing an upside down flag that became a symbol of this Stop the Steal movement after the 2020 election flying outside of the Alitos home in the days surrounding Joe Biden's presidential inauguration.

Justice Alito has laid the blame on his wife in this statement to "The New York Times". I had no 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.

I have met Justice Alito, decent person. I think this is just beyond the pale at this point. You can have people doing this. I have a wife who has very strong opinions about things. I took some real shots when I was on the federal bench. But you keep that in the house.

SCHNEIDER: Martha-Ann is just the latest Supreme Court spouse at the center of controversy. Ginni Thomas exchanged texts with Trump's then chief of staff, Mark Meadows, pushing him to challenge the 2020 election results.

JOHN EASTMAN, FORMER TRUMP LAWYER: We've got petitions pending before the Supreme Court.

SCHNEIDER: And she communicated with John Eastman, the architect of the fake electors doors scheme, and the man who pressured Mike Pence to refuse to certify the results.

Thomas has so far not recused and current cases being decided by the court.

JAMES SAMPLE, SCHOOL OF LAW AT HOFSTRA UNIVERSITY: The issue here is not that a justice's spouse can't do things. The issue here is that a justice is responsible to the high court calling of the rule of law.

SCHNEIDER: Justice Thomas and Justice Alito, reliable conservatives on the court have also indicated they could be leaning toward Trump and hundreds of capitol rioters and cases this term.

ASSOCIATE JUSTICE CLARENCE THOMAS, U.S. SUPREME COURT: There have been many violent protests that have interfered with proceedings. Has the government applied this provision two other protests in the past?

ASSOCIATE JUSTICE SAMUEL ALITO, U.S. SUPREME COURT: The president may be criminally prosecuted by a bitter political opponent. Will that not lead us into a cycle that destabilizes the functioning of our country as a democracy?


SCHNEIDER (on camera): Now, it should be noted that Justice Thomas did recuse himself from a case involving John Eastman. Now when it comes to that immunity decision involving the former President Trump, the decision from the court really could come at any day now, and, Erin, that decision will directly impact whether and when the trial the criminal trial against Donald Trump will move forward here in Washington.

And like I said, so far, no signs Justice Thomas or Justice Alito will recuse -- Erin.

BURNETT: Jessica, thank you very much.

And now, Laurence Tribe, noted legal scholar and professor of constitutional law at Harvard, joins us.

And, Professor, a really appreciate take your time.

Do you think that Justice Alito should recuse himself from all cases related to Trump and to the election at this point?

LAURENCE TRIBE, CONSTITUTIONAL LAW PROFESSOR, HARVARD LAW SCHOOL: I do. I don't think there's any question about it. It's in many ways more serious than what we have seen with Justice Thomas. At least Justice Thomas could say that my wife, Ginni, has her own separate career. We don't talk about the cases, you may believe that or you may not. But that's a different from what's going on with Justice Alito.

He's not saying my wife has her own separate career, and he's throwing her under the bus and blaming her for what is on his house, his flagpole, it's his flag malfunction. It's his upside flag, and everyone knows that the upside-down flag, which the United States code says should be flown that way only in cases of absolute emergency as a kind of SOS, was in this case a symbol of the claim that the election was stolen from Donald Trump. It was the banner of the insurrectionists.

And I'm reminded of something that the late Justice Scalia said in a opinion he wrote in 1987. He said, you cannot expect to ride with the cops if you cheer for the robbers. [19:10:05]

In this case, Justice Alito expects to preside over a decision about whether there wasn't as direction and who was responsible for it? And whether Donald Trump, who has been charged with involvement in trying to obstruct the operations of government and the transfer of power is immune, number of cases before the court. He's obviously not qualified to sit in this case.

BURNETT: So, the Fox News anchor Shannon Bream spoke to Justice Alito after the photo was published and Professor Tribe, she wrote on social media bit more detail. She said, he told me a neighbor on their street had an F Trump sign that was when fifth with it -- I'm sorry, it was within 50 feet of where children await the school bus in January of 2021, Mrs. Alito brought this up with a neighbor. Following that exchange, Mrs. Alito was distraught and hung the flag upside down for a short time.

Again, as you point out, no one who would flag the fly, the flag this way at that time would -- anybody who would do that knew exactly what they were doing. But this is like even more detail that he is providing to Fox News.

What do you make of this excuse?

TRIBE: Well, I think what we need to hear from is not Mrs. Alito, but Justice Alito, under oath before the Senate Judiciary Committee. It should consider ducting an enforceable code of ethics, right now, 28 U.S. Code Section 4505 says that any federal judge or justice must not -- may, but must recuse him or herself in any case where either that justice or the justice's spouse has any skin in the game. There's no distance here between Mr. Alito and Mrs. Alito. It's clear that whatever offensive sign was involved, that dispute between neighbors trivializes what's involved here. It's certainly didn't crack the Alito kids to have the neighbor foot a FU sign --

BURNETT: Right. And to state the obvious, there's not -- someone couldn't be upset for other children, but their children were not in that in that age group.

But again, as you point out, it's the response and the choice of what they did is very substantive insignificant. It's not just something you would do if you didn't if you didn't believe in it. That's the very clear implication here.

TRIBE: They're not -- they're not protecting their kids by flying that flag upside down. What they're doing is expressing solidarity with one side of a very serious ongoing dispute about which the accountability of the former president is very much at stake. That's not neutrality. That's not objectivity. It's tipping your hand.

And Justice Alito tipped his hand during the argument more than once.

BURNETT: And, obviously, just to state the obvious here, the immunity claim could be decided any day. There were some who thought we might even have heard that this week and Alito is sitting in the -- in that he is making that decision now.

TRIBE: And he may be responsible for delaying it. After all, the protocol within the court is the different justices dissenting and Alito is probably writing a dissent from a rejection of the extreme claim of absolute immunity that didn't seem to gain traction with the court. If justice is dissenting, you wait until the dissent is done before announcing the case. So, by delaying this immunity decision, so long that a trial can't occur before the election, the effect may be to give de facto immunity to the former president, who if he wins the election, will pick an attorney general who will dismiss the case. So, ultimate our ability is very much on the line.

BURNETT: All right. Crucial points.

So, Professor Tribe, great to see you and thank you so much.

TRIBE: Thank you, Erin.

BURNETT: And next, MTG versus AOC.


REP. MARJORIE TAYLOR GREENE (R-GA): Are your feelings hurt?

REP. ALEXANDRIA OCASIO-CORTEZ (D-NY): Move her words down?


OCASIO-CORTEZ: Oh girl, baby girl.

GREENE: Oh, really?


BURNETT: And tonight, MTG doubling down.

Plus disturbing video obtained by CNN shows Sean "Diddy" Combs violently assaulting his ex-girlfriend, throwing her to the ground, kicking her, and dragging her, all of it on tape. And the speculation grows over whether Trump will testify in the hush money case.

OUTFRONT uncovers video of Trump telling Martha Stewart why she had to testify in her own defense. Will he take his own advice?


DONALD TRUMP, THEN-BUSINESSMAN: You have to get up in the stand and just to say, I didn't do it. I'm innocent.




BURNETT: Tonight, Marjorie Taylor Greene doubling down after a fight broke out in front of cameras and a committee hearing.

MTG just moments ago saying, quote, AOC isn't intelligent. Jasmine Crockett has fake eyelashes. These aren't attacks on personalities. These are just facts.

The House Oversight Committee devolving into a circus late last night, watch for yourself.


GREENE: I'd like to know if any of the Democrats on this committee are employing Judge Merchan's daughter.

REP. JASMINE CROCKETT (D-TX): Please tell me what it has to do with Merrick Garland?

UNIDENTIFIED MALE: Is she a porn star?

GREENE: Oh, Goldman. That's right. He's advising, OK.

CROCKETT: He's advising who, what? Do you know what we're here for? You know we're here --

REP. STEPHEN LYNCH (D-MA): Just I want a point of order.

GREENE: I don't think you know what you're here for.

CROCKETT: Well, you the one talking about --

GREENE: I think your fake eyelashes are messing what you're reading.


REP. JAMES COMER (R-KY): Hold on, hold on.

CROCKETT: Listen --

COMER: Order, order, order.

REP. JAMIE RASKIN (D-MD): That's beneath even you, Ms. Greene.

COMER: Order, order, order.

OCASIO-CORTEZ: Mister, I do have a point of order and I would like to move to take down Ms. Greene's words.


That is absolutely unacceptable. How dare you attack the physical appearance of another person!

GREENE: Are your feelings hurt?

OCASIO-CORTEZ: Move her words down!

GREENE: Aww. OCASIO-CORTEZ: Oh girl, baby girl.

GREENE: Oh, really?

OCASIO-CORTEZ: Don't even play.

GREENE: Baby girl? I don't think so --

OCASIO-CORTEZ: We are going to move and we're going to take your words down second that motion.

RASKIN: I second that motion.

COMER: So, so, okay, that Ms. Greene agrees to strike her words.

OCASIO-CORTEZ: I believe she should apologize. No, no, no, she should apologize.

COMER: Hold on, then after Mr. Perry you'll be recognized and then Ms. Greene --

GREENE: I'm not apologizing.

OCASIO-CORTEZ: Well, then you're not striking words.

GREENE: I am not apologizing.

COMER: Come on guys.

GREENE: Why don't you debate me?

RASKIN: Mr. Chairman, the minority --

OCASIO-CORTEZ: I think it's pretty self-evident.

GREENE: You're not -- you don't have enough intelligence.

COMER: You're out of order.

Chair recognizes Mr. Perry.

RASKIN: Okay, move to strike the lady's words again.

OCASIO-CORTEZ: That's two requests to strike. That's two requests to strike.

GREENE: They cannot take the words.

RASKIN: There's another motion to strike her words again. Please --

COMER: Here's the correct part of it.

Ms. Greene, do you ask unanimous -- do you agree to unanimous consent to struck your work?

GREENE: I repeat again for the second time. Yes, I'll strike my words, but I'm not apologizing.

COMER: Without objection.

CROCKETT: Mr. Chair, point of order.

COMER: Who's --

CROCKETT: It's me.

RASKIN: Ms. Crockett.

CROCKETT: I'm just curious, just a better understand your ruling. If someone on this committee then starts talking about somebody's bleached blonde, bad built butch body that would not be engaging in personalities, correct?

COMER: Uh, what now?

REP. ANNA PAULINA LUNA (R-FL): Chairman, I make -- I make a motion to strike those words.

COMER: I don't think that's --

CROCKETT: I'm trying to find clarification on what qualifies.

COMER: I had no idea what you just said.

LUNA: We're not going to do this. Look, you guys earlier literally just --


CROCKETT: I'm trying to get clarification.

LUNA: Look it, calm down, calm down.

CROCKETT: No, no, no, because this is what you all do, so I'm trying to get --

LUNA: I can't hear you with your yelling. Calm down. Can you please calm down?

CROCKETT: No! Don't tell me to calm down! Because you all talk noise and then you can't take it! If I come and talk (EXPLETIVE DELETED) about her, you all are going to have a problem!

UNIDENTIFIED MALE: Mr. Chairman, Mr. Chairman.

COMER: Chair, OK, order!


BURNETTT: All right.

Melanie Zanona joins us now live on Capitol Hill.

All right. Well, that was embarrassing. What else is Marjorie Taylor Greene saying tonight, Melanie?

MELANIE ZANONA, CNN CAPITOL HILL REPORTER: Well, Greene is not backing down and she is not apologizing. Not only did she doubled down on those insults towards Democrats, but in the last hour or so, she's now attacking Speaker Mike Johnson for criticizing her behavior.

Let me read you part of what you wrote on social media. She said: How ridiculous is it that the speaker runs his mouth about decorum when our opposition refuses to follow it at all?

Now, Speaker Mike Johnson did not mention Greene by name today and it's no secret that they have been at odds ever since Greene tried to oust him from the speakership, but Johnson did say that he thought that chaotic outburst last night was regrettable, and he encouraged members to treat each other with respect and dignity and to follow proper decorum. So there's really was a big distraction for Republicans who are trying to keep the focus on their efforts to hold the Biden administration accountable.

And meanwhile, of course, she's also -- Marjorie Taylor Greene facing heat from Democrats who have pointed out her past history with racist remarks. Congresswoman Crockett said that Greene's decision to point out her eyelashes and talk about her looks was rooted in racism and that's why Congresswoman Crockett said she felt the need to fight back so hard.

But in response, Greene's office said the only person who brought up any reference to color was Congresswoman Crockett. But indeed this was just not one of the finest hours inside the House of Representatives, which frankly over the past few years or so has really not seeing a lot of high moments to be frank with you, Erin.

BURNETT: Ad a fair - fair point.

All right. Thank you very much, Melanie.

I want to go now to the Democratic Congressman, Jamie Raskin of Maryland. He's the ranking member of that committee you just saw, the House Oversight and Accountability Committee and we saw you there, obviously, of course, Congressman, on camera in that.

So, Marjorie Taylor Greene tonight saying she won't apologize, said all she did was state the facts and she now has words for you. She says she just posted: Every single committee hearing, every single floor speech, Democrats attack smear and hurled personal insults against President Trump, just like Jamie Raskin did in his so opening statement last night.

What do you say to her posting this now?

RASKIN: Well, thanks for having me. You know, because there's so much emotion and passion in politics, parliamentary institutions have rules and the rules are very clear in terms of the language we can use. You can debate the substance of issues, all that you want in a wide open, robust way, you can debate the process is taking place as much as you want. But you cannot engage in face-to-face personal insults against other members including mocking their physical appearance.


So this was a failure of leadership when the chairman of the committee declined simply to rule her words out of order and to have them taken down as Ms. Ocasio-Cortez immediately moved to do. When he refused to do that at that point, it unleashed the chaos in the committee. And that's what led to Ms. Crockett's clever answer in the form of a hypothetical question about what the chairman would actually indulge in terms of dialogue going forward?

And I told him, if you allow this to take place, you are destroying rules in decorum in the committee, and Ms. Greene actually done this before when she displayed pornographic photographs putatively from Hunter Biden's laptop, although that was never proven anywhere and she displayed in the committee in a completely irrelevant and immaterial way, that nothing to do with what we're talking about. And again, the chairman was afraid to discipline her and to tell her no.

And at a certain point, the Republican conference is going to have to get on top of their Marjorie Taylor Greene problem, but instead they continue to empower her.

BURNETT: So, you know, look, Speaker Johnson, there are many in their party who would agree with you fully, wholeheartedly, just ask Ken Buck, but I want to play a moment that has gotten a bit lost in all of this drama.

And this is near the end when you are practically begging for an adjournment for the night, let me just play that.


RASKIN: I think these 17-hour days might not work for us.

UNIDENTIFIED FEMALE: Something about working, huh.

UNIDENTIFEID MALE: Yeah, maybe showing up for a vote.

UNIDENTIFIED FEMALE: You have a lot to say being that you're on retainer for the judge's daughter. Sorry, trust fund kid.


UNIDENTIFIED FEMALE: We should strike those words, too.

GREENE: I hope you brought your popcorn.

UNIDENTIFIED FEMALE: We'll strike those after as well.

UNIDENTIFIED FEMALE: -- the fact that they called -- they're making comments about Marjorie's body.

RASKIN: Mr. Chairman, this is out of control. We should adjourn, Mr. Chairman.

UNIDENTIFIED FEMALE: Motion at the desk.


GREENE: I think my body is pretty good and I'm going to be 50 this month.


BURNETT: All right, and you could hear her there at the end.

Congressman, could you just explain -- you know, you made the comment about 17-hour days, but what exactly even happened here? What's the reason that you were all there on a 17-hour day?

RASKIN: Well, I'm glad you're asking because the markup session that you saw which was supposed to be about there ridiculous attempt to hold the attorney general of the United States of America, Merrick Garland, in contempt, was scheduled for 11:00 a.m. yesterday, and then suddenly at the very last minute in the middle of the night, it was moved from 11:00 a.m. to 8:00 p.m. and we've not done an unnecessary nighttime session like that. So everybody was trying to find out why.

Well, then it turned out, we learned from the media, there were five members of our committee who went and followed the spiritual pilgrimage up to Donald Trump's criminal trial in New York during the day following Speaker Johnson, in going up to Trump's trial. The loss of those five members meant that the Democrats would have been in a majority in -- on our committee, and in the markup session, and therefore, they couldn't abide that, so they moved it to 8:00 p.m.

When they got back from New York working in a number of them, a number of Republican members missed votes in order to go to Donald Trump's trial. When they got back, they tried to truncate the proceeding to cut off debate about whether or not the attorney general should be held in contempt. They tried to reduce the amount of amendments we could have in the amount of time we could have to introduce amendments when we successfully thwarted that. At that point, they just begin or hurl insults at our members.

And then when they got through that period and maybe you could show this to for the first time in 70 years, they cut off the minority's attempt to offer amendments and to have based on what they were doing. And so in their completely ridiculous effort to sanction the attorney general of the United States, in order to cover up for their historic flop of an impeachment investigation, they trampled pretty much every rule that we had and trashed the decorum of our committee.

BURNETT: Before we go, Congressman, could I just as you one other thing? Congresswoman Crockett has suggested that alcohol may have been a factor in Greene's behavior, which started all of this. Were you able to see anything on that or have any -- you think there's anything to that?

RASKIN: Well, but I did not see anybody drinking. There were certainly people drinking out of cups there. And our colleague from New Mexico, Ms. Stansbury, raised that. She asked the question whether there was drinking of alcohol taking place in either the committee rooms or in the hearing.


But it was a very raucous, frat style atmosphere that took place at 8:00 p.m. again, when these members came in from New York, number of them having missed the legislative proceedings for the day.

So this was to me a radical breach of decorum and I would hope that Speaker Johnson, if not, Chairman Comer, could get on top of what's taking place over there. But in any event, all of it follows from the lawlessness of Donald Trump, who made them launch this stupid impeachment investigation in the first place. There's nothing there, and they've got nothing real to talk about.

BURNETT: Congressman Raskin, I appreciate your time. Thank you.

RASKIN: You bet.

BURNETT: And next, the incredibly disturbing video of Sean "Diddy" Combs, one of the biggest names in entertainment, shoving, kicking, and dragging his partner. The executive producer of TMZ, who has long covered Combs, is next.

Plus, a new ad tonight taunting Trump to take the stand in his hush money trial.


ANNOUNCER: Take the stand, Donald, or admit you're a coward.




BURNETT: Tonight, silence from Sean "Diddy" Combs after CNN has obtained disturbing surveillance video showing the music moguls shoving, kicking, and dragging his then girlfriend in a hotel in 2016. It's shocking footage and it comes after federal authorities searched two of Combs' homes as part of an ongoing sex trafficking investigation. An investigation stemming from allegations and five different lawsuits, allegations, that he has vehemently denied.

Elizabeth Wagmeister is OUTFRONT with the story, and I do warn you, you're going to see this video here and it is difficult to watch.


ELIZABETH WAGMEISTER, CNN ENTERTAINMENT CORRESPONDENT (voice-over): New surveillance footage obtained exclusively by CNN appears to corroborate some of the allegations of abuse against music mogul Sean "Diddy" Combs. The video captured on multiple cameras shows Combs wearing only a towel assaulting his then-girlfriend, Cassie Ventura, in a hallway at a Los Angeles hotel in March 2016. A lawsuit filed by Ventura in November last year and settled the next

day referenced actions that seem to match those seen in this video. There is no audio.

According to the complaint, Combs became extremely intoxicated and punched Ms. Ventura in the face, giving her a black eye, which according to the lawsuit prompted Ventura to try and leave the hotel room.

The surveillance video obtained by CNN begins as she enters the hallway.

The complaint says, as she exited Mr. Combs awoke in, began screaming at Ms. Ventura. He followed her into the hallway of the hotel while yelling at her. The complaint goes on to say he grabbed her and then took glass vases in the hallway and threw them at her.

In the surveillance video, Combs can be seen grabbing Ventura and throwing her to the ground. As Ventura lies on the ground, Combs then kicks her twice and attempts to drag her on the floor back to the hotel room.

Ventura is seen picking up a hotel phone. Comb seems to walk back to the hotel room, then returns and appears to shove her in a corner. Moments later, he can be seen throwing an object in her direction.

According to Ventura's now settled lawsuit, the pair began dating several years after they met in 2005. They parted ways in 2019.

Comb's attorney said the decision to settle was in no way an admission of wrongdoing.

Ventura declined to comment on the video, but her attorney told CNN the gut-wrenching video has only further confirmed the disturbing and predatory behavior of Mr. Combs. Words cannot express the courage and fortitude that Ms. Ventura has shown in coming forward to bring this to light.

The video hasn't been seen publicly before and comes on the heels of a series of civil lawsuits alleging Combs involvement in sex trafficking and sexual abuse, allegations Combs has repeatedly denied.

Authorities searched Combs' homes in Los Angeles and Miami in April, as part of an ongoing federal investigation carried out by a team that specializes in human trafficking crimes.

In a December 2023 statement, Combs responded to the claims and some of the lawsuit saying: Sickening allegations have been made against me by individuals looking for a quick payday. Let me be absolutely clear, I did not do any of the awful things being alleged.


WAGMEISTER (on camera): Now, we have not heard back from Sean "Diddy" Combs' attorneys other than that statement that we saw from him on his Instagram, which wasn't even specifically about Cassie, that was about all the lawsuits, but who we are hearing from tonight, Erin, is a Cassie's husband. She is married and shares two young daughters and he posted what he said was a letter to women and children.

This is part of it. He says, quote: Men who hit women aren't men. Men who hurt women hate women. To all the survivors, your stories are real and people believe you. I want to raise my daughters in a world where they are safe and loved.

He's getting a lot of praise for that statement tonight, Erin.

BURNETT: All right. Elizabeth, thank you very much.

And I want to go now to Charles Latibeaudiere. He is the executive producer at TMZ, which just released the documentary, "The Downfall of Diddy".

And, Charles, you have covered Combs' career for decades. So what was your reaction when you first watched this video?

CHARLES LATIBEAUDIERE, TMZ EXECUTIVE PRODUCER: Absolutely stunned, Erin. It was its one thing to read those allegations in a lawsuit but when you actually see the violence that did he exerted on Cassie, it is just stunning to see someone that we have a lot of us have grown up listening to his music and enjoying him as an entertainer, it's really difficult to think about that and to see him in that light after you see him doing this in this video.

BURNETT: Right. And it seems that he obviously it was aware there could be surveillance video and had bought it.


And had it at his home, it seems, from -- then they went and searched his home and had it. So it is incredibly disturbing.

You know, your documentary on Combs feature his downfall specifically feature several people who have known him incredibly well over the years. One of them is named Aubrey O'Day, a singer for years was part of the group formed by Combs on the MTV show, "Making the Band".

And just in the context of what we're seeing now, this shocking video, I want to play for video, for viewers, something she said.


AUBREY O'DAY, SINGER: The mistreatment was enough for me to have to spend a good amount of time and the hands of professionals to learn what grooming is and unlearned the grooming. The abuse was significant enough to change the course of my life.


BURNETT: Charles, I mean, you knew about people saying things like that. You knew the stories. Now, obviously, you're seeing this video with your own eyes. What's different now? LATIBEAUDIERE: Yeah. I mean, what's different now is actually that

there is proof before it really amounted to a she said/he said, and Aubrey had been making these claims very loudly four years. And I think what she -- what she told us is when you're going up against someone is powerful, influential as Diddy is in the entertainment world, it's hard to get people to believe you unless you have some hard proof like this. And even if they believe you, its hard to get them to speak out publicly and support you because the reality is people fear a backlash.

BURNETT: And, Charles, just to, I guess, just to think about this again here, the statement that he put out, but Elizabeth was sharing that I am not do not do any of these horrible things that have been alleged. Now, I know other things have been alleged, but now we know that not only did he did he -- did he hit her and do this, that he knew he bought the tape, he hid it. I mean, does it -- does it -- does it change your view of the person that I know you have covered and all of you with your work have seen up close and personal for many years.

LATIBEAUDIERE: Yeah. It absolutely does, because he made that denial. I know that he could go back and say that that statement was only referring to the other lawsuits because at that point, he had settled the Cassie lawsuit. And so in his mind, maybe he's thinking that's not even part of the equation anymore. That's not -- that's something people should be discussing. But obviously, people work discussing it.

And even after he made that statement in December, more recently within the last week, he posted something referring to I believe the statement was something like time will show -- time will reveal the truth and that statement clearly is come back to bite him now because time has revealed the truth, because now we've seen this video and its really odd that he would have posted something like that.

Again, it makes you wonder what's going through his head when he obviously knows that this happened? And maybe just thought it would never ever come out.

BURNETT: Right. Well, it says we knew we had the tape, but who knows what else in his home and then it was -- when you had federal agents come in.

Well, Charles, I really appreciate your time. Thank you for talking to me and I hope that everyone will watch TMZ presents "The Downfall of Diddy" because I know it is now streaming on Tubi.

And we want our viewers to know that if you or anyone you know is struggling with domestic violence, to call the national domestic violence hotline. The number is 1800-799-SAFE.

And next, newly unearthed video showing Trump making the case as to why Martha Stewart needed to testify in her own trial. So, will he take his own advice?

Plus, new video tonight of the dire conditions in southern Gaza, as we're learning that some aid just arrived for the first time by way of that American-built floating dock. (COMMERCIAL BREAK)


BURNETT: Tonight, daring Donald Trump to testify. The centrist political group, Third Way, is challenging Trump in a new ad.


ANNOUNCER: Take the stand, Donald, or admitted you're a coward.


BURNETT: This ad comes as newly unearthed sound from 2004 shows Trump telling Martha Stewart that she needed to testify in her own defense in her obstruction of justice case. Listen for yourself.


TRUMP: I am devastated that Martha didn't testify. I would've said testify.

And I think that jury of 12 people is saying like, tell us you didn't do it. Don't -- I wouldn't want to hear from all the secretaries and everything else, many of whom were nullified and badly nullified. You got to get up in the stand and I know it's tough.

She has to get up in the stand and she has to say, I didn't do it. I'm innocent.


BURNETT: I mean, we don't want to hear from secretaries. This is -- this is exactly of course, what we've -- we've heard. Trump's assistants have come and testified and people who signed checks and manage check, that's what we've seen in this case.

Now, Trump also took a victory lap after Martha Stewart was convicted. He told Playboy in park, quote, I think Martha made a tragic mistake when she didn't testify. When I heard she wasn't testifying, I said she's absolutely going to be convicted.

OUTFRONT now, defense attorney Terri Austin, familiar face, of course, to everyone watching. She's been in court for Trump's trials since the beginning.

So, Terri, I mean, you've been watching this jury and you see Trump's point of view. I mean, it's as if you just change the names, he's talking about himself. And it shows his worldview that had she stopped spoken for herself, she wouldn't have been convicted.

Do -- does this jury, as you look at their faces every day, do they want to see him get on the stand and say, quote/unquote, I didn't do it?

[19:50:03] TERRI AUSTIN, FORMER TRIAL ATTORNEY: Of course, they do. Anytime you have a crime that involves intent, the jury is going to want to hear from that defendant. This crime is 34 counts. We have those checks, those vouchers and those ledgers, and all of those say that look, the invoices, all of it is saying you intentionally falsified these records. The jury wants to know whether or not you knew these were false records. They also want to know whether he did it to influence the election and only Trump can testify to that.

And I do think the jury, even though they haven't been looking at him, Erin, they've been looking at the attorneys. They've been looking at the witnesses. They're not really focusing on him, but I think they would want to hear from him because the crime involves intent.

BURNETT: Right. It involves intent. So, clearly, right. That's the whole point. I mean, now, it's -- the Martha Stewart thing, I think just really Joes how he sees things because Martha Stewart was this was a Wall Street crime and a New York situation and somehow personal to him.

But he has also taken the other side of this in cases of others he knows, like Mike Tyson. In 1992, he said Mike Tyson's lawyers were wrong to let him testify in a rape case where Tyson was found guilty. Here's Trump.


TRUMP: If he didn't testify, he would've been exonerated totally, the jury said that. Mike was arrogant, he was a horrible witness from what I understand, and I'm not surprised. I mean, I would say that generally speaking, you don't put Mike on as a witness. But he was a horrible witness.


BURNETT: And now, no doubt he wouldn't think this about himself. He wouldn't think he'd be a horrible witness, but it does show that he could see this a different way. So when you think about what would be asked and how much the defense could control what's in the realm of Trump having to talk about. Do you think that his lawyers are going to do it?

AUSTIN: No, I don't. I don't think his lawyers want him to do it. I think they've probably advised him of that. They already cannot control him. The judge has said to the attorneys for Trump, you haven't been able to control your client with all of these gag orders.

And so I don't think they're going went to be able to control him when he gets up on that stand, and don't forget, he's going to have to sit through cross examination and he's going to I think have to take the fifth. And if you take the Fifth, that's even worse than we've heard Trump talk about defendants who take the fifth, that must mean they're guilty. So, I don't think they're going to put him up there.

BURNETT: All right. Terri, thank you very much. A great weekend. And, of course, we'll see after the next day of trial. And next, a grim discovery in Gaza, the bodies of three people taken

hostage, reportedly found in a tunnel.


BURNETT: Tonight, a horrifying discovery in Gaza.

The IDF says the bodies of three Israeli hostages did you ever to have been recovered they were murdered by Hamas in Israel on October 7. We are told. Their bodies then taken into Gaza.


The devastating news comes as the situation in Rafah in southern Gaza is growing more desperate, as Israel appears to be moving toward a full-scale invasion despite Biden saying that it is a red line.

The new video into CNN showing people fleeing north to escape, carrying all their worldly belongings through areas that are already apocalyptic.

OUTFRONT now, David Miliband, president and CEO of the International Rescue Committee, also the former British foreign secretary.

And I appreciate your taking the time, David.


BURNETT: So, Israel says 129 hostages are still believed to be in Gaza. Do you -- do you think this is just the beginning of more horrific discoveries and that more of those 129 individuals, then than we even realize now may no longer be alive?

MILIBRAND: Well, obviously this is the great fear ones heart goes out to the families of those who've been discovered today, it's an absolutely appalling situation that they face and its been going on for seven months and obviously the great trauma of the last two weeks is that if you think back two weeks ago, there was number one, real sense that the ceasefire and hostage release talks so were getting somewhere.


MILIBAND: Secondly, there was a real sense that there were humanitarian aid openings of crossings that would allow some of the relief to reach people in desperate need. And there was a sense that the Rafah attack was some weeks or even months off.

What's happened over the last few weeks is that the humanitarian situation has got much, much worse, 600,000 people on the move. And your description of the situation as apocalyptic is I'm afraid appropriate because these are people with nothing, fleeing with nothing, reaching places where there is nothing. And it's an appalling set of choices that are faced by them all at the moment. BURNETT: Secretary Miliband, we've got some new video that we just got

here at CNN of Rafah. This is just lines of people -- theoretically, these people are waiting for food. You see the rags are just waiting to try to fill up those containers with any kind of food that they. And the World Food Program has said just today that anymore escalation in Rafah could, quote, bring humanitarian operations to a standstill, to a standstill.

And then we heard, oh, that that floating dock that the U.S. had built did actually get some aid coming in today.

What is the situation right now? Is -- is any coming in? And then I guess it's a very separate question. Is anywhere near enough coming in?

MILIBAND: Well, there's a trickle coming in, but the trickle doesn't equate anything like to the flood that is needed. The trickle of aid, the equivalent of 15 trucks came through the U.S. built pier. But what your viewers you need to understand is that the land crossings are effectively close, are aid workers can't get in. We have a few aid workers on the ground.

We can't get our doctors and our surgeons into the hospitals that wed been working out. We can't get aid workers, then we can't get the food aid or the medical aid in.

We've done a study with our partner, the Medical Aid for Palestinians, and we found that the average child is getting 3 percent of the daily water intake that is recommended as the --

BURNETT: Three 3 percent.

MILIBAND: Three percent of the clean water that they need. So that's how you end up in a situation where there are serious and credible reports of children dying of malnutrition and starvation, of our surgeons reporting that when they do operate on people, they find the inner organs emaciated, and where you find Secretary Blinken saying that there is an imminent threat of famine.

This is an unprecedented descends into the hellish situation that it's facing.

BURNETT: And yet the former Israeli Prime Minister Naftali Bennett last week told me something quite different about the civilian losses in Gaza. Let me play it.


NAFTALI BENNETT, FORMER ISRAELI PRIME MINISTER: Is Israel using bombs to target civilians? Absolutely not. Never. We never target civilians. In fact, we have the lowest ratio of collateral damage in the history of urban warfare. We're bending over backwards in order to prevent unnecessary deaths. Otherwise, we'd get this whole thing done within three days if we didn't care about it..

(END VIDEO CLIP) BURNETT: Does that track at all with what your organization is seeing in Gaza?

MILIBAND: Well, what we can report is that the facts and what we are seeing, which is yes, the 34,000 people who have been killed. We think that's an underestimate. We can tell you about the injuries, the horrific injuries to innocent children. This is not about intentions. This is about the reality on the ground, 2.1 million people living there.

And so this is not about judging the intentions. It's about judging the realities and the actions. And I'm afraid that the humanitarian situation in Gaza now represents an absolutely grave threat to the lives of 2 million people. That's not a military question. That's a humanitarian question.

BURNETT: All right. Secretary Miliband, I very much appreciate your taking the time and talking to us tonight.

MILIBAND: Thank you very much for your time.

BURNETT: And thanks very much to all of you for being with us tonight and this week. We'll be back here again on Monday as the Trump trial continues. Michael Cohen back on the stand still under cross- examination patient by Todd Blanche. And we'll see what that brings on Monday morning.

Have a good weekend.

"AC360" begins right now.