the dramatic twist in the story surrounded empire actor jussie smollett. >> they believe that he paid two men to portray the assault. >> i would take the judge and the law enforcement to take it very seriously. >> heather nauert has dropped out of the running to be the nebras next ambassador to the newest. >> the alternative is not a good one. >> i'm going to sign these papers for emergency and then i will immediately be sued and not

going in my favor and end up in supreme court and then i'll call my buddy kavanaugh and say pay donnie and he say new phone, new this. good morning on this sunday, everyone. i'm kcaylee hartung in for christi paul. >> i'm victor blackwell. >> former fox anchor turned states department spokeswoman helenor nauert rules as details emerge that her nanny was working illegal in the u.s. >> european allies take 800 isis captives and put them on trial or risk be released.

we begin with the developments out of chicago in the alleged attack on actor jussie smollett. >> it made national news but now smollett's claims are being tested. >> reporter: two law enforcement forces with knowledge of the investigation tell cnn that chicago police believe actor jussie smollett paid two men to orchestrate an assault on him that he reported late last month and allegations smollett denies. the men who are brothers were arrested wednesday but released without charges on wednesday after the police cited new discovery of new evidence. the sources toll cnn the two men are now cooperating fully with law enforcement. >> innocent prevails. right? my clients are walking home and they are not charged and not suspects in this case. >> reporter: smollett told authorities he was attacked in late january with two men yelling out homophobic slurs and said one put a rope around his

neck. >> i noticed the rope around my neck and i started screaming. >> reporter: sources tell cnn records show the two brothers purchased the rope found around smollett's neck at a hardware store in chicago. in statement to cnn, smollett's attorneys wrote, quote. smollett claims his attackers referenced president trump's make america great again slogan. >> i see the attacker masked and he said, this magazine country

[ bleep ] punches me in the face. >> reporter: but reports he told police the attackers wore mega hats. >> i didn't need to add anything like that. they called me a [ bleep ]. they called me a [ bleep ]. there is no which way you cut it. i don't need some hat as a cherry on top of some racist sunday. >> reporter: in a interview, he expressed frustration of not being believed. >> it feels like if i had said it was a muslim or mexican, or someone black, i feel like the doubters would have supported me a lot much more, a lot more. and that says a lot about the place that we are in our country right now. >> with us now is cnn legal analyst and criminal defense attorney joey jackson and brian

stelter with "reliable" sources. if smollett paid these men to plan this and he orchestrated this entire thing, exposure he >> reporter: you cannot report something as a crime, which not true. now it's one thing in media land to say what you want, do what you want. it's another thing to get the police involved and to suggest that something of this variety happened to you. and the reason that it is such is because there is so many real victims, right? in the event he is not a victim, we don't know, right? just like everybody deserves a presumption of science scieninne he is entitle to do that same innocence. it's a class 4 english and that means you can go up to jail three years.

i wouldn't suspect that would happen but what i would suspect a prosecutor's office would give this significant weight and move to prosecute it aggressively. we have we are in a day and age look at the discourse now what is happening. we have that whole blackface issue in virginia and attacks on immigration in washington, d.c. it's a very unsettling time and this adds to the narrative in not such a good way so there is a real problem for law enforcement and for prosecutors to say this is not acceptable. not only because of that, but you want, you know, you divert resources when you're devoting resources to something that is not a crime and they have had a dozen detectives going out and investigating and search warrants. >> it's not like chicago police don't have other things they could be doing right now, right? >> exactly right. there are so many things the

police are really required to do where the resources could be devoted. >> brian, what does this mean? let's put his legal exposure aside how he has jeopardized his career. he has music out. he was in a performance a week ago. what does this mean for smollett's future professionally? >> i checked in with fox overnight who make the "empire" and have no new information about his status. there were rumors he made this because he was afraid he would lose his spot on this show so trying to get attention and more publicity. when those rumors came out, fox said denied that and said no plans to get rid of his character. that was a couple of days. now, no new comment from fox but i remains this changes the calculus for fox. i think we are in a mystery right now because he has not spoken with the police again. i spoke with chicago pd tonight.

they said we need to speak with jussie smollett as soon as possible, the word from the chicago p.d. brought in new lawyers and a statement last night saying he is continuing to cooperate, a little bit of a standoff between jussie and the police now, about whether he is going to talk to the investigators again, whether he is going to say more about this or not. frankly, the ball is in his court. you said perfectly on twitter the real tragedy is the victims of real hate crimes whose story yis might not be believed in the future and so scary about this if he made up this incident. >> we are seeing that narrative coming from people on social media saying that other attacks and other allegations are fake because this could be fake. that is the real tragedy here. >> yes. >> joey, let me come back to you here. could he face civil action as well? if he had this planned with these two men and, you know, they had this agreement, the fact that they were in custody two days, as he continued this

facade, if, indeed, he orchestrated, could he something there and could he face something from fox, from the producers of the show in jeopardizing the product? >> it's an excellent question. let's start as it relates to the people who were picked up and brought in. now understand that they could, in fact, be aiders and abetters to this and i wonder if they were given -- understand when a person is part and parcel to a crime and conspired to commit a crime they could have exposure themselves. you're not required to speak to the police. apparently they did in order to vindicate themselves so as we believe they can get out from under whatever is here. in the event there was some issue concerning them, you know, being falsely detained as a result of this, that could present a problem civilly. we also have the question of restitution.

if he is prosecuted for this, the police have expended resources and a find up to $25,000 on this crime what might he be on the hook in terms of what the police are doing to searching people as it did not exist. the fox issue i think is a separate issue. brian with address that more clearly than i but cutting him off. i don't know if they could look to recoup any money from him. >> brian, the outpouring the support for jussie schmomollettm democratic candidates to the speaker of the house and from high ranking officials across the country, celebrities, is there any residual damage for them for backing or believing the story, if, indeed, it is false? >> oh, i think there is damage in kind of in the political sphere. the story became political within a few hours and think

back to the days of this alleged report and tmz came out saying jussie said the country is maga country and may have wore trump hats and this was political. those connections to trump came out right away and outraged trump supporters saying how dare you say this is something a trump supporter and what was a trump supporter doing on the streets at 2:00 a.m. trying to attack smollett. even donald trump's jr. was casting doubt on this right away. democratic politicians were supporting at the same time, jussie smollett saying this was a lynching and a hate crime. there is that tension because this began political on day one and residual effects from that for sure. there is, obviously, attention two wanting to believe and needing to believe victims and taking their accounts seriously versus the ability for someone to take advantage of that and may have been what happened

here. we don't know yet. >> we will see if any of those candidates or any of those politicians would initially release statements initially on twitter will now follow up. thank you both. >> thank you. >> catch stelter's show later this morning on "reliable sources" here on cnn at 11:00 a.m. now hiring heather nauert is forced to end her bid as u.s. ambassador. >> u.s. tells europe to put more than 800 isis prisoners in trial or otherwise there is a chance he is going to let them loose. here's the story of green mountain coffee roasters costa rica paraíso. first, we go to san marcos, costa rica. and meet sergio. that's his daughter, maria. sergio's coffee tastes spectacular. because costa rica's land is spectacular. so we support farmers like sergio. who use natural compost. made from coffee pulp. it helps keeps the soil healthy. and the coffee delicious. for the future of his community. that's sergio's neighbor, leo. sergio wants grandkids. which is making this very interesting.

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taxes. they say the nanny has now paid the taxes she owes. kristen is joining us. good morning. what more do we know about these circumstances. >> reporter: insist a bit of a mess and i'll take you through a time line and catch back up to you. go back to october. nikki haley announces she is leaving the administration she is the u.s. ambassador to the united nations. two months later, president trump says he has made his choice for this post. it's going to be state department spokesperson heather nauert. this raising eyebrows because it's never sent to the senate and others think this is just washington. last night we learned that nauert stepped away and asked to withdraw her name from consideration and the state department issued a statement on her behalf and i'll read it to you.

now we are all caught up because it was after this statement was issued that we learned about this nanny who was legally in the united states but not legally allowed to work in the united states and not paying taxes. she had imple nauert employed this nanny before she worked at the state department. she did disclose this information when she was tapped for this post but even though the back taxes were paid, it became apparent in about the last week, this was going to cause a big problem for nauert and she agreed she needed to step aside. you might be wondering how exactly it got this far. well, we have learned from sources that president trump actually made this announcement that he was going to pick nauert before the white house had a chance to thoroughly vet her. which isn't that surprising. we know the president wants what he wants when he wants it. but in terms of what is next for nauert, sources say she is not expected to return to her post at the state department.

we have, of course, reached out to her and not heard back. >> thank you, kristen holmes. let's talk about this in and out of the trump white house. the president's cabinet, so many departures and leaving temporarily replacements and now a withdraw means the trump administration is operating with no u.n. ambassador and no placement on the way. acting secretary of defense after james mattis left the white house claiming his views did not align with the president's and acting chief of staff after president trump announced john kelly was leaving, source told cnn that kelly and trump were not on speaking terms and their relationship was no longer tinable and ryan zinke resigned and scott pruitt's resignation over ethics concerns well and acting fema administrative after brock long is scheduled to leave soon because of questions he misused government vehicles.

trump has six positions unfilled or with acting chiefs. >> thanks for laying that out, victor. joining me is julian zeleny, and siraj hasmi. good morning. you heard victor lay out six positions in the administration unstaffed or filled with an acting head. president trump has tried to put a positive spin on the situation saying that acting department heads give him more flexibility. siraj, what downside to see to this situation and resolving door that keeps spinning? >> right now, the main situation is finding people who alie with president trump on his agenda and that, obviously, a very difficult given the case with jim mattis and nikki haley. many in the trump camp believe

that haley did not align 100% with trump's views and saw her as a threat in the future. there are many people who were considering that she might even run in 2020 given the fact she has become so popular in her position as the u.n. ambassador. this is a serious issue with the trump administration and means he can't fully implement his agenda and become, obviously, a very giant burden on him because he then has to get circumvent the legislative process to go with something like a national emergency with the border wall because he doesn't have the people in place to give him the best advice on what he should be doing. >> julian, how unusual is it to have this type of leadership void? >> this is very unusual. every administration has moments where you have turnover among high-level officials or you might have a void in one position temporarily. but these six positions come on top of two years where there has been immense instability in

turnover that is unprecedented in terms of scale and scope from what we have seen in other presidencies. so this creates a vacuum of expertise around the president. it hurts congressional relations and the cabinet leaders are usually the point person with members of congress on their issue areas and i think this reflects the kind of presidency we have right now. >> u.s./u.n. officials tells cnn there is angst there with so much uncertainty at the top now and brings us back to heather gnawer. the president announced her nomination before the white did a thorough vet of her and the nomination of dr. jackson when they wanted him to head veteran affairs and a different situation but similar in the lack of that vetting process. shouldn't that process be done before the administration nominates someone for a cabinet position, before the president makes that announcement? >> absolutely. you know, the white house, in many ways, has kind of failed in

that regard in terms of thoroughly vetting their candidates. there are many candidates right now who are serving as current u.s. ambassadors in germany and acting u.s. ambassador who also served in the role since january. but both of them were confirmed by the senate and actually cohen, who is the acting u.n. ambassador, was unanimously confirmed. he was already vetted in a public form at a senate nomination hearing. many are qualified for the position but i think with president trump's sort of his go to to looking at people who have been on tv like john bolton who is now his national security adviser and heather nauert who was a fox news presenter for many years, i think he is avoiding trying to go with people that he knows or qualify for the job and that has been more or less problematic, as a matter of fact. >> to nauert's problem here, at the core, saying she impleed a

nanny who was in the u.s. legally but not legally to work and had not paid taxes but now paid back taxes. do you think there is nor to gnawer ate recall than this issue, julian? >> i think there is. it goes back to bill clinton when he appointed someone and they did not. this is not a pick for u.n. ambassador. you usually have a politicians like stephenson or deep diplomatic experience like richard holbrooke. this was neither. this was a tv personality about to take on the position and i think that was going to be pretty contentious even with some republicans on the. this is a key moment in u.s.

relations abroad and clear this wasn't the person to handle the job. >> what are you hearing about who president trump is considering to be the next u.n. ambassador? >> jonathan cohen, who is the acting u.n. ambassador, is very qualified. he may not be on the short list. richard grenell who served under the bush 43 administration from 2001 to 2008 in the united states is probably the top pick and also kelly kraft who is the u.s. ambassador to canada and jamie mccork who is the u.s. ambassador to france are the top three picks right now. i can see grenell getting the pick because he is a very vocal supporter of president trump. >> the white house taking applications for six spots that node to be filled. julian and siraj, thank you both. >> thank you. patrick shanahan will look for funding sources for the president's border wall. the president declared a

national emergency on friday. the administration has said a total of $6.1 billion will be averted from the military to pay for the wall. shanahan will have the final say how much will be taken from which programs. military official says he is likely to approve $3.6 billion from the construction budgets. we are calling this next story mike pence's awkward pregnant pause. the scene is set, standing at the podium in a room full of u.s. allies. the vice president announces a warm greeting from his boss. the reaction, not quite what he expected. >> i bring greetings from the 45th president of the united states of america president donald trump. last august -- >> so there you have it. five-second pause for applause that just never happened.

tough crowd. >> president trump has declared a national emergency for his border wall, splitting congress and his own party. will this work? senator sherrod brown and adam schiff will weigh in this morning on "state of the union" with jake tapper. can the president take back 800 fighters in syria or face consequences if they are released? that rocking chair would look grahh, new house, eh?e. well, you should definitely see how geico could help you save on homeowners insurance.

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president trump is warning european countries that they have to either take back more than 800 isis fighters capture in syria, put them on trial, or the u.s. will be forced to release them. >> cnn senior international correspondent benefit ben wedeman is live from syria. >> reporter: this tweet by

president trump has rh aroused n c c consternati consternation. they point out it's not the united states that is holding these 800 prisoners, mostly isis fighters, many of them from western europe, but, rather, it is the syrian democratic forces who are holding them and, therefore, it's not the united states that can let them go or release them. the kurds, who run this part of the country, are very eager to have those countries from which these individuals come from to take them back. not only are there more than 800 very dangerous battle-hardened fighters currently in their custody, but there are also thousands of family members, many of them little children, who are in limbo, many of them are in a camp north of here that has as many as 40,000 people in

them. the camp is filled to the brim. more than 50 children have died there as a result of cold and diseases. so it's something of a crisis in this part of the country, as this campaign to eradicate the physical presence of isis continues. now, we also saw that president trump is telling european allies that they have to step up and replace the americans here. it is also worth pointing out that there are, in fact, british and french special forces on the front, on the ground. we have seen them in the battle. and everyone seems to be playing a part, but it does appear that president trump is basically giving an ultimatum. either these european countries completely step up and place the americans, or these 800 very dangerous people could simply be let go. we know what they are capable of

doing, having seen terrorist attacks in france and belgium, germany, and elsewhere. >> ben wedeman for us in eastern syria, thank you so much. the second wave of aid arrived in the columbiian/venezuela border and it included hygiene kits can help 25,000 people struggling there. venezuela declared interim president helped to get aid in the country and president trump is expected to give a speech in miami tomorrow in support of guaido. protesters are demand iing haiti's prime minister resign. >> reporter: for nine days, patients took to the streets fighting with police, light fires, tires on fire, creating

road blocks across the city, essentially shutting down the main city here port-au-prince for nine days. in the past 24 hours, a lull, a very tense lull at the very best. people basically looking for the basics of life -- food, gas, and water. all of them short of a supply throughout the city. large crowds of patients gathered looking for water and gas station, for the most part, were shut across the entire city. the ones that were open were just heavily traffic by those in motorcycles and cars. people just looking for the ability to fill up their tank so they can get to work, assuming that things get back to normal here in the city in the next couple of days. protesters want the president to

resign and they will not accept anything else. they say he is implicated in a broad corruption scheme that has engulfed the country. they say not only must the president retyne but the country, itself, has to go back and erase everything and back to the constitution and start all over again. up next, he dedicated life to creating crosses to remember the lives of those lost to gun violence. a man from aurora, illinois, is making crosses for his hometown. ♪ who's in the room? ♪ love is dangerous ♪ but driving safe means you pay less ♪ ♪ switch and save ♪ yes, ma'am excuse me, miss. ♪ does this heart belong to you? ♪ ♪ would you like it anyway?

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the identities of the five people killed in workplace shooting in aurora, illinois,

have been released. >> a man who lives in aurora have made it sure the victims are never forgotten. here is cnn's scott mcclain. >> reporter: for more than two decades, 68-year-old greg zen has been hand making and hand delivering comfort to grieving families across america. 8:00 big job that takes a lot of lumber, a lot of paint, and countless nights inside of his truck. >> i'm the kind of guy that falls asleep real easy. >> reporter: it's not comfortable, but neither is the task at hand. most people don't want to think about these shootings until they happen on their doorsteps, but you live it 365. why? >> because it is making a difference. >> reporter: he has placed his wooden crosses at columbia, sandy hook, sutherland springs, texas, orlando pulse nightclub

and las vas and florida and barely scratching the total. in total? >> 26,579. you have no idea. >> reporter: he has seen america at its worst but still believes in its best. >> we are a country so full of hope. >> reporter: in every place he hears people say they never thought it could happen here. even he believed that until friday. >> i feel so dumb that i wasn't even thinking that it could happen here. i should have thought it could happen here. >> reporter: just three miles from his home in aurora, illinois, a man opened fire on his colleagues after learning he had been let go. five people were killed. the next day, zen left five crosses bearing their name. >> my heart went up because i can't believe i'm standing here in my hometown doing this. my town. my town. you know? like, it's like a nightmare.

>> reporter: following each tragedy, he takes comfort he can get in his truck and leave. >> i put on like i'm carrying the whot weight of the world on my shoulders because i know i'm going to be in and out. >> reporter: just not this time. >> that's why i'm having such a hard time living here because i'm not in and out. >> reporter: this time, it's a much heavier cross to bear. scott mclean, cnn, aurora, illinois. democratic contenders are stepping up for gun control legislation after the shooting in illinois. one of those contenders senator amy clo vertebklobuchar. she will answer voters questions on cnn with don lemon and talk about what she hopes is next for the country. colin kaepernick has set out of the nfl in two years but could he be signed in a matter of weeks? >> now that his collusion case with the nfl is over, his

attorney predicts he will be on an nfl roster seen and coming up, which team his attorney says he could sign with. ♪ ♪ our new, hot, fresh breakfast will get you the readiest. (buzzer sound) holiday inn express. be the readiest. in the time it takes to brew a cup... here's the story of green mountain coffee roasters costa rica paraíso. first, we go to san marcos, costa rica. and meet sergio. that's his daughter, maria.

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i can worry about it, or doe. something about it. garlique helps maintain healthy cholesterol naturally, and it's odor-free, and pharmacist recommended. garlique . after sitting out for two years could colin kaepernick be back in the nfl? >> his lawyer says yesterday and it could happen soon. andy scholes is in charlotte for the nba all-star game. we start with football. realistic, though, and which teams, potentially? >> reporter: as you mentioned, colin kaepernick has not played in the nfl since the 2016 season but his attorney says colin is in great shape and ready to play. mark geragos came on cnn says kaepernick's grievance with the nfl has been settled and he

kaepernick to be on a roster very soon. >> i think you'll see in the next two weeks that somebody is going to step up and do the right thing. i will tell you besides the panthers, it would not surprise me if bob kraft makes a move. that would not surprise me and if his former coach, i'll test your knowledge, also makes a move. >> reporter: geragos is possibly referring to pete carroll who coaches the seattle seahawks now. that would give panthers, patriots, and seahawks as possible destinations for kaepernick. we will see if geragos' prediction comes true. lebron james never shied away from speaking out on social issues and always supported colin kaepernick and what he tried to accomplish. in charlotte yesterday, lebron was thrilled when he learned the news that kaepernick had settled his case with the nfl. >> i stand with kap. i kneel with kap.

i mean, i just feel -- i feel what he was talking about, nobody wanted to listen to him. nobody ever really wanted to actually understand where he was coming from, you know? and, you know, i think that anybody that will sacrifice their livelihood for the better of all of us, i can respect that. he has done that. i hope the word of what he will will live on throughout american history but also world history because it's important for all of us, not only african-americans, but everybody to stand up for everything that is important to them. >> reporter: the all-star festivities last night with the skills competition. dunk contest was rather ain anticlimactic. diallo jumps over shaq and puts his entire forearm into the rim. he got a perfect score from the judges and he would beat dennis

smith junior to be the grand slam champion for 2019. the nba stars will take center stage later tonight for the annual all-star game going at 8:00 this evening on our sister station tnt. team lebron against team giannis. >> he did draft free agents coming up for the off-season. last night to be a university of kentucky fan. dunk contest who won was a kentucky product. and kentucky got a win over number one team in the country, tennessee. not a bad deal. up next he is back. alec baldwin pokes fun at president trump's national emergency on "snl." >> we need more, okay? we need a wall. okay?

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i was driving in to work today and i was thinking, when is the next super moon? no, i wasn't. i was not really thinking that. but apparently there are super moons all the time now. >> it's called a super snow moon this time around. happening this week. cnn's meteorologist allison chinchar is here. last month was the super blood monday that victor was fascinated by. now this month is super snow moon. what is going on? what do we need to understand about this? >> the whole point is to keep victor on his toes.

super snow moon takes place on tuesday. the best time to view. when uare looking up at the sky at the moon, it will appear not only bigger but brighter and that is the term super moon comes from. all it means it's a full moon but it's timed when the moon is at its closest approach to the earth and what makes it appear bigger and brighter. now the name snow moon what we call the full moon that takes place in february. victor, i know you wanted to know. next super moon is the super worm moon. >> wow. >> i know. they all come up with different names. they have a bunch of different ones. here is the thing. a lot of people want to know is it going to be noticeable when i'm looking at it? sure, it may sound like it's bigger or brighter but really is there going to be that much of a difference when you actually look up at the sky? there will. there is going to be 14% bigger and appear 30% brighter. you will look up and visibly, especially on a clear night notice how much brighter the sky

appears and that is because it will be as close as 221,000 miles to the earth. practically walking distance when you think about it. the problem is mother nature really isn't going to cooperate for a lot of people. you've got snow in the midwest, san antonio ice in the mid atlanta and rain in the southeast and next testimony moving into the pacific northwest. unfortunately, your best places may only be, say, boston and los angeles. everybody else really may not have the best viewing weather to go along with the super snow moon. >> i'm going to miss the super snow moon. i didn't get to see the bloody wolf moon a couple of weeks ago. next opportunity is the super worm? >> yes. like the worm moon and happen in march. it won't be as bright or as big as this one but pretty close. >> hopefully, the weather will cooperate or i will volume to go

to l.a. to look at it. >> always willing for that. alec baldwin returns to "saturday night live" to declare a national emergency. >> he did so in his classic trump style. >> thank you very much, everybody. i'm here to declare a very urgent important national emergency. let's cut to the chase, folks. we need a wall. okay? i'm basically taking military money so i have a wall. so i'm going to sign these papers for emergency and i'll be immediately be sued and really not go in my favor and end up in supreme court and then call my buddy kavanaugh and say pay donnie and new phone, who dis? anybody in court will be released and come to my house in cars and i can complete insanity and do a puts in tzzle in the f

and my presidency will finally be over. a dramatic twist in the story surrounded empire actor jussie smollett. >> chicago police believe he paid two men to plan this assault. >> i would take the judge and the law enforcement to take it very seriously. >> state department heather nauert has dropped out of the running to be the next ambassador to the newest. >> the united states is asking britain and france and other allies to take over 600 isis fighters we captured in syria. the alternative is not a good one. good morning on this sunday, everyone. it's 7:00 a.m. in the east. i'm caylee hartung in for christi paul. >> i'm victor blackwell. happy new day to you.