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washington. penny is charged with the death of neely. alvin bragg needs the go-ahead from a grand jury before he can prosecute. neely made comments and his attorney describing something the grand jury will have to consider, penny's state of mind when he restrained neely. >> what was his mindset when he put jordan neely in a choke hold? >> well, the mindset is pretty simple. he was fearful for the safety of those passengers. so when he acted, his mindset was to keep his fellow passengers safe from attack. >> dana: nate foye is live with more. >> the vet says he would do the same thing...

to get to it. >> you can tell me in the hall later. >> as mentioned tom hanks is our special guest tonight. the oscar winner who campaigned for biden and obama is here tonight. he has a new book. we're going to get into a lot more. that's tonight. we begin right now with this. ♪♪ you know the sound. new election votes in america. voters just went to the polls in four states and some results have some of the republicans shook again, and we all remember the fizzle of the 2022 midterms. now democrats won in several more key states, including ousting republican mayor in a conservativ...

sexual battery and defamation. e. jean carroll claims the former president attacked her in a department store in the 1990s. trump ordered to pay her $5 million. bryan llenas is following the breaking news. >> judge, good evening. and less than three hours of deliberations, a jury of mine unanimously found former president trump liable of sexual battery, specifically finding he sexually abused and forcibly touched e. jean carroll in a department store in 1996. they also found him liable for defamation, finding he maliciously smeared carroll's reputation and must pay carroll $5 million...

tonight, television takes a look at itself. >> what's on the idiot box? >> it's only an idiot box if an idiot is watching. >> at this period of time will be looked upon as the platinum age. >> our obligation is to entertain. if we've left something to think about, so much the better. >> television should not be just entertainment. >> charges were leveled at the commercial television networks. >> congress has no right to interfere in the media. >> excuse me! >> we have the responsibility to give the audience what it tuned in to see. ♪ ♪ ♪ >> the years of the '60s which end in a ...

paula reid in for jim acosta. you're in the "cnn newsroom" we begin this hour with a potential new milestone in russia's war in ukraine. ukraine has announced that it has used a u.s. made patriot air defense system like this to bring down a russian hypersonic missile. if true, it would be the first time ukraine was able to intercept a missile that travels at ten times the speed of sound. cnn's sam kiley joins us from kyiv with the latest. sam, how significant is this? >> reporter: i think it's very significant indeed, for two reasons. first of all, it's kind of proving the need for h...