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On today's episode of the 5 Things podcast: Secretary of State Antony Blinken is urging the use of 'humanitarian pauses' in the Israel-Hamas war. USA TODAY Justice Department Correspondent Bart Jansen breaks down Michael Cohen's testimony at Donald Trump's civil fraud trial, and looks at Jenna Ellis' guilty plea in the Georgia election case. House Republicans nominate Rep. Mike Johnson, R-La. as their latest choice for speaker. USA TODAY Breaking News Reporter Minnah Arshad looks into an investigation of Fulton County Jail in Atlanta, and the broader plights at prisons nationwide. The NHL has overturned a ban on players using rainbow-colored tape on sticks.

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Hit play on the player above to hear the podcast and follow along with the transcript below. This transcript was automatically generated, and then edited for clarity in its current form. There may be some differences between the audio and the text.

Taylor Wilson:

Good morning. I'm Taylor Wilson, and this is 5 Things you need to know Wednesday the 25th of October 2023.

Today what US and UN officials say about whether there should be a ceasefire in the Israel Hamas War. Plus, we break down Michael Cohen's testimony at Donald Trump's civil fraud trial, and we look at glaring issues across the US prison system.

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At a tense meeting of the UN Security Council yesterday, Secretary of State, Anthony Blinken, encouraged the implementation of humanitarian pauses in the Israel Hamas war. Though the Biden administration says that does not mean it supports a ceasefire. Blinken reiterated the US position that Israel has the right to defend itself after a Hamas attack on October 7th that killed more than 1400 people on Israeli soil, and took more than 200 hostages, according to Israeli officials. Israel has responded with a slew of airstrikes on the Gaza Strip killing nearly 6,000 Palestinians according to the Hamas-run Health Ministry. Blinken said the number of Americans confirmed dead in the Hamas attacks is now up to 33 with another 10 unaccounted for.

UN Secretary General Antonio Gutierrez, addressing the Security Council called for a ceasefire and accused Israel of violating global humanitarian law in Gaza. He said that Palestinian grievances don't justify the appalling Hamas attack earlier this month, but that the attack did not happen in a vacuum.

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Michael Cohen, the former personal lawyer and fixer for Donald Trump, testified at Trump's New York real estate civil fraud trial yesterday. His testimony came on the same day that another former Trump lawyer, Jenna Ellis, pleaded guilty in a separate Georgia election case. I caught up with USA today Justice Department correspondent Bart Jansen for the latest.

Bart, thanks for making the time.

Bart Jansen:

Thanks for having me.

Taylor Wilson:

Can you just start by reminding us what's at issue in Trump's real estate civil fraud trial?

Bart Jansen:

Yeah, the Attorney General, Leticia James, filed a $250 million lawsuit against Trump, his company and several of the top officials there, including two of his sons, basically contending that there was real estate fraud over the valuations of the different properties in his real estate empire. And the Judge in the case, Arthur Engoron, has already found that there was fraud. What this trial is about, is determining what sort of penalties Trump should face. Engoron already said that he canceled the business certificates that Trump needs to run the business in New York State, but an Appeals Court has suspended that order until the full case is heard. We're really seeing how big a penalty could it be. It could be that Trump loses his business, he could have to pay up to $250 million, and that's what we're waiting to see from the Judge.

Taylor Wilson:

And Michael Cohen testified yesterday. Bart, what did we learn in his testimony?

Bart Jansen:

Well, Cohen was considered just a key witness, because he was a lawyer who worked for Trump. He reported directly to Trump, and so he was going to offer this behind the scenes view of what was going on there. Now, we already knew he testified in February 2019 to a House Committee that Trump inflated his property values to get better loans, better insurance, and he would also deflate the value of his properties to try to avoid property taxes. Cohen had already made these accusations publicly and under oath. Cohen was sentenced to three years in prison, served some of it under home arrest for doing various things for Trump, including making the hush money payments that you may have heard about. And so there's been a tremendous falling out between the two. This was basically the first chance in five years Cohen has had for a face-to-face confrontation with Trump, and to expose some of these business secrets to possibly penalize the former president.

Taylor Wilson:

As you mentioned, they had this major falling out, Bart. What was the scene like in and around the courtroom? Did he and Trump interact at all?

Bart Jansen:

Cohen walked directly to the witness stand, didn't look at Trump during the questioning. He focused entirely on the government lawyer. Trump was paying intense attention. He would sit hunched, looking at Cohen. When Cohen made some statements about financial asset sheets being shown to Trump's children as they prepared to, what Cohen said, was falsify the numbers, Trump shook his head vigorously, basically emphatically denying what Cohen was saying. They're at odds in the courtroom, but they haven't spoken to each other and Cohen has avoided looking at Trump.

Taylor Wilson:

Meanwhile, Jenna Ellis pleaded guilty in the Georgia election case yesterday. Bart, can you refresh us on who she is, and what the latest guilty plea in this case might mean for other co-defendants, including Trump himself?

Bart Jansen:

Yeah. She is one of the 19 co-defendants in the case. She's one of a handful of Trump lawyers who were charged in this case. She was one of the most prominent faces for Trump in fighting basically baseless charges of election fraud in the 2020 election. She attended the Republican National Committee Press Conference with Sidney Powell and Rudy Giuliani. She traveled to several states with Giuliani to talk to state lawmakers about basically overturning the results by appointing Republican electors for Trump in states that President Joe Biden won. She was a very public face of Trump's challenges to the election.

She was charged as part of the overarching racketeering conspiracy in this Georgia case, and also with soliciting public officials to violate their oaths of office, by appointing fake collectors. What she pleaded guilty to was aiding and abetting false statements. So that was still a felony. She agreed to five years of probation and a $5,000 in restitution. But if she completes that probation successfully, she'll be able to wipe her record clean. So a pretty good result for Jenna Ellis and now she'll be expected to testify against others, such as Rudy Giuliani in this case. Giuliani of course, has pleaded not guilty.

Taylor Wilson:

All right, Bart Jansen covers the Justice Department for USA today. Thank you, Bart.

Bart Jansen:

Thanks for having me.

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Taylor Wilson:

House Republicans yesterday nominated Congressman Mike Johnson as their latest choice for Speaker. The move came just hours after House Majority Whip Mike Emmer withdrew from the leadership battle. The House has entered its third week without a Speaker. The first two Speaker nominees House Majority leader Steve Scalise and House Judiciary Committee chair Jim Jordan, previously dropped out of the race due to continuing splinters that run throughout the House Republican Conference. All it takes for a candidate to win the GOP nomination is a simple majority of the conference, but the real question for any Speaker nominee is whether they can get the near unanimous support they need from House Republicans to be elected Speaker. Mike Johnson needs 217 votes to win the gavel, but already faces steep odds with more than 40 votes against him. The plan for now is to hold the next Speaker election this afternoon.

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An investigation into Atlanta's Fulton County Jail has pointed to issues across the US prison system. I spoke with USA Today breaking news reporter Minnah Arshad to learn more.

Minnah, thanks for hopping on 5 Things.

Minnah Arshad:

Thank you for having me.

Taylor Wilson:

The Justice Department has launched an investigation into the conditions inside Fulton County Jail in Atlanta. What sparked this probe and what has it revealed?

Minnah Arshad:

The Justice Department launched its investigation in July after an independent autopsy revealed an incarcerated person had died due to severe neglect from jail staff. Lashaun Thompson was found unresponsive in his bedbug infested cell, malnourished and dehydrated. There were also wider concerns that overcrowding had ensued violence, which has resulted in injuries and deaths as well as reports of excessive force and structural problems. News outlets have documented numerous issues at the facility, including flooding and large holes and interior walls.

Taylor Wilson:

It's not just Georgia. There are broader plights across the US prison system. What national issues are coming to light here?

Minnah Arshad:

Yeah. Jails across the nation face a pattern of similar crises, which points to a larger systemic issue. One of the largest issues is overcrowding, which can foster an environment that gives rise to violence. The United States ranks among the highest worldwide in its dependence on incarceration, with about 2 million people held in jails and prisons. And experts have pointed to an over-reliance on jailing as the reason behind chronically hazardous conditions in jails across the country.

Taylor Wilson:

And people often spend months in jail before their day in court. Minnah, why is this so problematic?

Minnah Arshad:

Well, jails were designed as a short-term detention facility to hold people as they await trial. That means the majority of people in jails are legally innocent, and some are held due to the nature of their charges, but experts have said many people are only in jail because of inability to post bail.

Taylor Wilson:

And how does widespread jailing disproportionately affect people of color?

Minnah Arshad:

In Fulton County and beyond, people of color are disproportionately jailed. Nationwide, 35% of people jailed in 2021 were black, despite making up about 12% of the country. And these numbers point to a significant disparity in how law enforcement views and interacts with people of color.

Taylor Wilson:

How are jail alternatives gaining traction as a possible solution to the overcrowding issues and some of the stuff that we've been talking about?

Minnah Arshad:

Well, recent data does suggest a spike in use of jail alternatives. And this was at least partly motivated by the COVID-19 pandemic when the criminal justice system was struggling to maintain its jails due to health concerns and staffing issues. And so the number of people supervised by jails through these alternative programs, including electronic monitoring, house arrest, community service, that went up by 31% from 2020 to 2021.

Taylor Wilson:

What other solutions have been discussed on this?

Minnah Arshad:

Solutions that address what drives people in jails to begin with, are seeing a rise in interest and experts saying more cells are never really the answer, because the system can always find more people to fill them. So addressing systemic problems like poverty, mental health issues, and substance use, sustainably addresses the crisis that is our criminal justice system.

Taylor Wilson:

Minnah Arshad, thank you so much for your insight here. Really appreciate it.

Minnah Arshad:

Thank you.

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Taylor Wilson:

The National Hockey League has reversed course and will now allow players to promote causes like LGBTQ+ awareness by using rainbow-colored tape on their sticks. The move comes after the NHL sent out a memo two weeks ago, clarifying what players could and could not do as part of theme celebrations this season. That included a ban on the use of multicolored Pride tape, but some players went around the ban. Arizona Coyotes defenseman, Travis Dermott, for example, had a small amount of Pride tape on his stick during the team's home opener over the weekend. That prompted a statement from the league that it would review any possible punishment in due course. The NHL in June previously decided not to allow teams to wear any themed jerseys for warmups, after a handful of players opted out of doing so during Pride Night's last season.

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And be sure to tune in today at 4:00 PM Eastern for our latest 5 Things special with my co-host Dana Taylor on anti-Science rhetoric. It's now heavily funded and well organized. Can it be stopped? Check out the episode right here on this feed.

Thanks for listening to 5 Things. You can find us seven mornings a week on Google Podcasts, Apple Podcasts, Amazon Music, Spotify, or wherever you get your audio. If you have any comments, you can reach us at [email protected]. I'm Taylor Wilson, back tomorrow with more of 5 Things from USA Today.