i'm john berman with brianna keilar on this "new day." a proxy war to determine the path of the republican party as primary voters head to the polls. and president biden heading home after a trip to asia. his off-the-cuff comments sparking outrage from china. and there's new data on monkeypox. what scientists are now saying about how it spreads. and supermodel kate moss about to take the stand in defense of johnny depp. ♪ welcome too our viewers in the united states and all around the world. it is tuesday, may 24th. spotlight on georgia, one of five states where voters will head to the polls today. the republican race for governor is turning into something of a proxy war, pitting former president trump trump against his vice president mike pence.

and there are parts of it getting pretty tense there. pence stumped for incumbent governor brian kemp in an election eve rally. trump is supporting his primary opponent, david perdue. kemp has been a top trump target for his role in helping certify the 2020 election. >> and trump unloading on pence in a statement saying this, quote, mike pence was set to lose a governor's race in 2016 before he was plucked up in his political career was salvaged. now desperate to chase his lost relevance, pence is parachuting into races hoping someone is paying attention. in the meantime, trump's candidate david perdue took a racially charged swipe at stacey abrams, the presumptive democratic gubernatorial nominee after she said georgia was the worst state in the country to life, citing the state's incarceration rate and poor rankings in maternal mortality, among other issues. >> hey, she ain't from here.

let her go back where she came from. she doesn't like it here. the only thing she wants is to be president of the united states. she doesn't care about the people of georgia. that's clear. when she told black farmers you don't need to be on the farm. and she told black workers in hospitality and all this, you don't need to be -- she is demeaning her own race when it comes to that. i'm over this. she should never be considered for governor of any state, much less our state where she hates to live. >> joining us now for a preview of the big races, cnn senior data reporter harry enten. harry, let's start with georgia, the governor's race and what you're looking for. >> well, look, i think the question here, though, you mentioned at the top of the ticket, donald trump packed perdue. brian kemp is backed by mike pence. the question is going to be 50% plus 1. that is the leader needs to, coming out of tonight, to avoid a runoff, needs to get at least 50% plus 1.

that's thing. and it's not enough to just lead. you have to get the majority of the vote. that's the general rule in deep southern primaries. that's the can here. >> what other governors' races are you watching? >> so, look, we've got all of this stuff about georgia basically this trump/pence proxy war. this, to me is an interesting race in arkansas. not a lot of discussion over it, sarah huckabee sanders is looking to be that state's next governor. look, she's got the backing of trump trump. and she's as the daughter of former governor mike huckabee. the only other pairing, kathleen sebelius. in this case, you have sanders looking to govern the same state. arkansas could be a bright spot for him. >> a good double jeopardy question there. in georgia, senate races could

have consequences not just going forward today but in november? >> exactly right. the main candidate here is herschel walker. he is backed by donald trump. i think ultimately what we're looking at here, since i don't think most people know these names is what does this mean for the general election, right? i think democrats are hopeful in the state. raphael warnock, likely the democratic nominee. depending on who gets this exact nomination, let's say it is herschel walker. can the democrats attack him in the fall. he has a record, he has said some things in that record. if he ends up being victorious, we'll see what republicans say about herschel walker. >> the primary in alabama has interesting quirks, harry? >> no one was paying attention to it. i brought it up last week and wait a minute, what's going on here -- look, mo brooks, donald trump initially endorsed mo brooks, but withdrew that

endorsement in march. he didn't necessarily like some of the numbers going on. it's going to be interesting to see if brooks can make a runoff. because, again, those deep southern primaries, the leader needs 50% plus 1. other than there's a top-two runner-up on june 21. even if one of these top-tier candidates ends up being the leader, if they don't hit 50% plus 1 there will in fact be a runoff. in the deep southern primaries it's not just who the leader, it's whether or not they get the majority. >> whalso, what is the impact o unendorsement? >> yeah, that's the question. if mo brooks is able to reach that, that's embarrassing. >> there's an interesting runoff in texas. >> in a deep southern state, depending ondefinition of deep south, you go back to march, the incumbent there, he got more votes than jessica cisneros.

again, didn't reach that 50% plus 1 so we have a run off. and cuellar is one of the most conservatives democrats in congress. and cisneros, this is a proxy war of the democratic party, the moderate versus aggressive. this is definitely a race i'll be watching tonight. >> there's also a race that has to do with history and legacy in texas. >> there is, so the attorney general gop runoff primary here, ken paxton, the incumbent who has that donald trump endorsement going up against george p. bush, paxton got more votes. >> jeb bush's son. >> yes. >> george w. bush's nephew. >> i think the bush game gave it away but, jeb bush's son. >> harry enten, great to see you. >> thanks. so, there was a surge in early voting in georgia ahead of today's primary contest and what is the first big state of the

state's new election law. a record number of ballots have been cast. cnn's amara walker with the latest. >> i've never been so excited to stand in line. this has me feeling really good and optimistic. people do care. >> reporter: georgia primary voters are turning out early in record numbers. >> georgia voters, you know, now they know that the nation looks at them like a state to pay attention to. >> reporter: during the three-week early voting period that lended last friday, 850,000 people cast a ballot by person or in by mail in the georgia primaries. a 168% increase compared to the same time period of the 2018 primary. that's according to secretary of state brad raffensperger seeking re-election this year. >> as you recall, when we passed the election integrity act of 2021, everyone said it's going to make it hard for people to vote. the numbers prove them wrong, doesn't it? >> reporter: the numbers defy

predictions from many voting advocates that georgia's new voting law could lead to a dropoff in voting. stacy abrams running unopposed in the gubernatorial primary both liken the bill to jim crow last year. >> we have to remember, voter expression isn't about stopping all voters. it's blocking voters considered inconvenient. >> reporter: the controversial law limits the lose of drop-off boxes and hours. and food and water near a polling location and it added an additional saturday of early voting making it optional to have two sundays for early voting. the republican-controlled georgia legislature approved the voting law after joe biden became the first democratic presidential candidate to win in georgia in nearly three decades. >> we are clear that was voter suppression. and intended to intimidate

voters. they're like, whatever they try to do, it's not going to work. we're going to show up and show out. >> reporter: karon blair with the new georgia project a voter registration group founded by abrams said the new law may be motivating voters but still creating obstacles. >> when we're at the polls tomorrow, how do we hand out ponchos and not get arrested? >> reporter: while it's hard to with the voting law, it's clear that the enthusiasm for the georgia primary remains high. >> yes, there was a lot of hyperbole about sb 202, the question is will those tweets encourage voters to influence the outlook of a close race. >> reporter: eselection voters tell me overall, they do expect to see a record turnout in a primary. the last time a record was set in the 2018 program marry where roughly 1.3 million people came out to cast their ballots. voting advocates tell me they're working much harder this time to

get out the new vote because of concerns in the new voting law. the new georgia project says they're hoping to get 50,000 new voters rechl strered by fa registered by fall. john and brianna. prepare for a surge at the border, despite a court blocking president biden's efforts to end a trump-era covid border restriction. we're learning that's not going to stop a record number of migrants coming to the border. cnn's priscilla alvarez is here with the new reporting. what are they expecting? >> they have to look at the border crossing in the broader context of the western hemisphere. we're not just talking el salvador and guatemala and honduras. jobs have tried up. millions of venezuelaens in the country, nicaraguans and haitians who moved to south

america years ago. so advocates on the ground in no northern mexico are telling me the migrants coming across the u.s./mexico border show that. in the rio grande area, 500 arrests. in yuma, arizona, over 1500 arrests in a 24-hour period. all of this after that court ruling that title 42 remains in place for now. that means that they're still turning them away. now the department of homeland security says they're continuing to prep for an increase of migrants at the u.s./mexico border. but officials tell me there's no assumption right now that numbers are going to drop anytime soon. just given the broader situation of the western helms misphere. >> how long will we continue to see a surge? >> officials say months, 1700 people a day.

trying to manage the flow. >> priscilla, thank you for that. appreciate it. for the first time in nearly two decades, the justice debt is changing its policy on use of force. according to "the washington post," the new policy says federal agents have a duty to intervene if they see abuse by another law enforcement official. "early start" anchor and attorney at law laura jarrett joins me with the timing interesting. >> the timing is interesting this is a sea change widoj. and the attorney general bottom line saying if you see something, do something. it's the gist of this. they call it a duty to intervene, it's legalese language. but that's all they're saying here. the timing here, the memo has not been updated since 2004. all of the shootings and killings that we've seen over the administration, and yet this is the first time it's been updated. the tone is notable here. i want to read a piece of the

memo. it says this it is the policy of the department of justice to value and preserve human life. officers may use only the force that is objectively reasonable, this is more legal language, to effectively gain control of an incident, while protecting the safety of the officer and others. also interesting, the memo says that you have a duty to render medical aid. you think back, of course, to the case of george floyd. other officers on the scene there watching him, wreathing in pain, calling out for help. if you've been trained you have a duty to intervene to render, call tour medical aid in a situation like that. this is superlimited in scope then this is only about federal officers. merrick garland has no jurisdiction over that but it does send a message. >> it's putting down a marker. and he knows people will see this as a statement. laura jarrett, thanks for being

here. right now, president biden is heading home from a kwerchsial trip to asia. his comments that u.s. is willing to defend taiwan militarily if china attack sending diplomatic shock waves around the globe. this morning, biden insisted america's long-standing strategic ambiguity towards taiwan has not changed. >> mr. president, is the policy of strategic ambiguity towards taiwan dead. >> no. >> can you explain? >> no. >> mr. president, would you say that taiwan intended to do? >> the policy has not changed at all. i said that when i made it. >> joining me now is cnn political and national security analyst david sanger. do we need to help sort this out, because he's saying the policy hasn't shifted. but repeatedly, he makes it clear that it seems to have. >> you know, he sat on this

three times in august, when the u.s. pulled out of afghanistan, the question came would you go and defend taiwan militarily. he suggested yes. again in october in the cnn town hall. and now this time. what's that tell you? this isn't an accident. joe biden is not new to the rules of the game in talking about china versus taiwan. this is all defied by the taiwan relations act. he's probably one of the last politicians still operating in washington who voted for the taiwan relations act in 1979. he was a young senator in delaware. he's been to taiwan many times. so what's happening is, he wants to maintain this concept of strategic ambiguity, which is what codiplomats use to discuss policy that is basically supposed to leave the chinese guessing. but he's trying to bias it sorts

some strategic clarity which is to say, don't expect you're going to go into dwaun unoppose. >> does it need to change, maybe? does this strategy need to change? >> my own view is, it probably does. strategic ambiguity was put together at when china was not a major military power. when it did not really show terribly aggressive tendencies either by sending flights into taiwan's air defense zone. or down through the south china sea where the chinese have built bases. so, it's very possible that it just no longer fits the moment. and he senses this. the president senses this. but it hasn't been able to move the policy process to actually change it. and they know that if they did change it in some formal sense it could spark something with china. >> what are the behind-the-scenes dynamics in this situation, where you have the president so clearly saying,

yes, the u.s. will intervene militarily if china will attack. you look at the state department website, they've gotten rid of language that said that they don't support taiwan independence. that had acknowledged the beijing policy that taiwan is part of china, while yet still insisting that knownothing has changed but things are change. what internally is going on what is that tug-of-war? >> well, it's always been a tug-of-war across administrations. saw it happen in the obama administration. you saw it happen to some degree in the trump administration. when it moves when president trump thought he could get a trade deal out of china or not and it got harder line after coronavirus which, of course, president trump called china virus, right. but in this administration, it's pretty interesting because they feel like they need to stake out much tougher ground. and they think that the ukraine

experience, remember, we're three months out today, right? they think the ukraine experience has made the chinese leadership stop and take stock. and say, gee, maybe our military isn't quite as vaunted as we thought it was, as vladimir putin discovered. hey, maybe the united states can organize the according to respond with weaponry and sanctions. >> it's perhaps the reorganization of dynamics that we're seeing of these global powers. and i know it's just words. but you have to wonder if you look back at sometime in the coming years and point to this as a key moment in time. it's certainly worth exploring here. david sanger, thank you very much. >> thank you. we have some new information from the cdc how monkeypox is spreading. plus new co-vid cases among kid in america up 72%. from two weeks ago. what's behind that surge?

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♪ due developments on the outbreak of monkeypox. the cdc says it is not a sexually transmitted infection. but it can be spread through sexual and intimate contact. so far, there is one confirmed case in monkeypox in the united states. and at least four others suspected. joining us now, cnn chief medical correspondent dr. sanjay gupta. sanjay, what about how the cdc is framing about the spread and how it can be spread? >> well, this is based on very small and early data. so, you know, at this time, i think we're still collecting, trying to figure out exactly how

this could be spreading but they know that it's still rare, histo historically, this has been hard to transmit unlike what we talk about with covid which is airborne. typically typically needed prolonged contact with somebody before they would actually contract this. i think what's driving some of this framing, what they've seen in the world, primarily been cases, men age 20 to 50. it's -- and more so, a larger fraction of the gay and bisexual community which is why you're seeing some targeted messaging there. overall, in terms what we've seen before, and there have been outbreaks in the country before, it sort of fits a similar pattern. people typically need prolonged contact with somebody. they need typically, travel to western or africa to contract this. and they have similar symptoms ones you that see on the screen, swollen lymph nodes or lesions that people associate with pox.

again, this is pretty rare. what is unusual a little bit about this outbreak so far there have been at least a few case where is people did not seem to have known travel to an area where monkeypox is endemic. and they didn't seem to have contact with someone infected. i think that's what they're still trying to figure out. by the way, it's interesting the oldest people contracted in this, around in their early 50s. which is around the same time we stopped vaccinating against smallpox which is a good point because the smallpox vaccines of which we have stores could be beneficial if need be. >> you point out it's rare. it's not new, though, right? i know you covered this virus back in 2008, you actually spent time with monkeypox patients in congo. what can we learn? >> yeah, first of all, this job's amazing sometimes, because you see things that very few people get to see. we were in congo, back in 2008, and i spent time with patients

who had monkeypox. this one woman, coyia, i remember, i had never seen this before. we learned a lot. it's a misnomer to call it monkeypox. it was found in laboratory monkeys. but in fact, we're not entirely sure what the reservoir of animals are for monkeypox. it's probably rodents of some sort. typically, the way someone contacts this, they come in contact with animals, it's gaul the zoonotic transfer from animals to humans. or human to human as well, after humans become infected. or things like bed sheets or things that can be infected -- or contaminated, i should say, by the virus. but again, hard usually to transmit. i was standing close to that woman and i wasn't worried about the transmission because it doesn't transmit the same as respiratory virus. >> 15 years ago, sanjay, you you

like 15 minutes ago. you haven't aged a bit. with covid, the last few years we've all been through this, now we're seeing a rise again in children. what's going on? >> yeah, there's a few things going on. if you just look at the numbers over the past few weeks, you do see that the numbers have gone up among children. you can look at the numbers there, compared to a couple weeks ago versus now. but when you actually distill those numbers down a little bit, you see the inertia, the trajectory is starting to slow. so still going up. but not going up as rapidly. overall a percentage, a significant percentage of overall cases if you look at all of the cases, adults and children in the united states, getting closer to 20% of those being made of children now. you know, it could be that kids are more likely to be tested in schools and stuff like that. it's hard to parse out the numbers as we've talked about for two years because we still

don't do enough testing. we still don't know the denominator. 100,000 out of what in this case? so, the numbers are still going up, but not as quickly as before. and at the same time, we're having discussions about the possibility of a vaccine. you know, for younger kids as well. that may happen over the next couple weeks. >> let's hope so. dr. sanjay gupta, great to see you. thank you so much. >> you, too. we have a cnn exclusive. new evidence that russian ships may be stealing food from ukraine. and a former supermodel preparing to take the stand in the amber heard/johnny depp trial.

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those are photos that show russian carrier ships docking near the grain silos in the area. let's bring alex to tell us about this. >> this is more the weaponization of ukraine's food supply. we obtained the images that continue to show the theft of the grain load it up on ships and we got the images from maxar technology. m maxar with other companies have been uncovered some of the most traumatic events of this war. this new satellite image show what appear to be the ramping up of theft of russia of ukrainian

grain. was in there and a ship docked and is it, too, is filled. bone russian ships are sailing away. this weekend, president volodymyr zelenskyy accused russia of fuelling a food crisis and gradually stealing the food supplies and trying to sell them. an earlier image showed one of shows same thens in the port ally of syria, ukrainian grain loaded on trucks. this extraordinary images look so close and clear that they look like they could be taken by drone or helicopter. >> you can see the grain in the hull of the ship. >> reporter: they spotted the ships in the wider image of crimea. >> this is 400 miles up in space. to be able to see that level of detail, the ships, the truck, phenomenal stuff. >> reporter: maxar and other commercial satellite companies have played a critical role with what we know about the war in

ukraine, with satellite image impressive both in quality and how it's used. >> before, this was only available in the halls of cia or former friendly governments now we can show it on cnn. >> we're keeping a close eye on that column of vehicles. that convoy. >> reporter: they alerted the world to the famous 40-mile russian convoy outside of kyiv. the rows of hundreds of mass graves in mariupol, potential war trials in bucha and the aftermath in the mariupol theater. >> this is in the final stages of getting shipped very soon. >> reporter: we were given a rare tour of maxar by the ceo dan jablonski. construction under way on new six maxar satellites.

they've provided images to the u.s. government, their biggest customer. how much does the u.s. tell you where to look? >> they tell us where the satellites are and the imagery. the same as with google maps for example. >> reporter: will the intelligence community, for example, say, we know there has been a war crime committed. there are mass graves, for example, train your satellites there, and push out those images to the press? >> they actually, they might ask us to make the collections but they do not influence or ask us to necessarily put out what we're putting out to the public. >> reporter: maxar is now giving imagery to the ukrainian government, in a fight that u.s. and others say has resulted in russian war crimes. to what extent are your images going to be critical in these war crimes investigations? >> for example, the bodies that were found on the street in bucha. we had imagery, correlating it at the exact same time where the bodies were.

down to the place, the time and the moment. it's having that kind of fidelity of data that we now have that makes that possible. i think it will play an important part. >> reporter: now, each one of those russian ships that we showed you in that satellite imagery has a capacity of 30,000 tons, 30 town tons of grain sailing away. russia does deny they're stealing this grain, but what they are not taking they're targeting and blocking from leaving ukraine. of course, this is devastating for ukraine, for the ukrainian economy. and for the world as well which is so reliant on food from ukraine. at least now, thanks to companies like maxar, we're able to see it happening essentially in realtime. >> they can deny all they want, but we have eyes and we're seeing it because of these pictures. alex, great reporting thank you so much. berman. beijing is firing back this morning in response to president biden's comments on taiwan.

claiming the u.s. has broken its promise on the one china principle. so what is that principle? john avlon with reality check. >> while meeting with asian allies overseas, president joe biden committed a classic washington gaff, he told the truth. in the process he violated a long-standing legal fiction which has been distorting u.s. foreign policy for decades. i'm talking about the intentional opaque strategy known as one china which employs strategic ambiguity and has been embraced by presidents of both parties but you see, joe biden doesn't really do strategic ambiguity. his sin was answering this question directly. >> are you willing to get involved militarily to defend taiwan if it comes to that? >> yes, the idea that, that can be taken by force, just taken by force, is just not -- is just not appropriate. it will dislocate the entire region. and be another action similar to what happened in ukraine.

>> so, the diplomats may be scrambling for a clean up on aisle biden, but the principle is pretty clear. this isn't sabre rattling. it's time that we stop pretending in the pacific. you probably wondered how we ended up with this dance. here's the deal, taiwan is a solve governing side home to 23 million people and officially known as the republic of china. the chinese mainland, 1.4 billion people and known as the people's republic of china. this traces back to the chinese civil war when forces take the mainland in 1959. and governments fleeing to taiwan. both sides still formally insist there's only one china, with each claiming all of their territory is rightfully theirs. but this proved useful when president nixon began to open up relations with china, despite the credentials.

henry kissinger came up with an artful compromise. we will agree all chinese on the other side the strait maintain there's one china and that taiwan is part of china, without ever explicitly saying whose version we back. this is the winning of one-china policy based on strategic ambiguity. but as the people's rub rose, taiwan was downgraded with the united nations booting the island from it. and in 1979, the carter administration officially dropped diplomatic recognition of taiwan in favor of the people's republic. that same year, warhawks in congress backed defensive arms sales to taiwan. a few years later, the reagan administration secretly assured taiwan would would continue to sell arms for its defense. with mainland china insisting support of its claim to the island, pressuring companies and countries alike to accept the idea that taiwan doesn't really exist.

in order to keep the prc happy and open for business. but this could have absurd results like disappearing the island from airline maps or in the olympics, taiwan is expected to compete under an assumed name. and its flag in the anthem is banned. sometimes it doesn't have anything to do with reality, except the reality of power. and that's the principle that biden has repeatedly pierced. by some, it's the third time this president has said that america would defend taiwan. he's departing from the official script but he's saying what's on his mind. critics say that biden's state is a provocation, risks a war by poking the panda. others say it's away of avoiding peace by misunderstanding. the real problem is misunderstanding has been at the heart of ambiguity. and biden saying to force to contort the language and dignify

lies. instead, we need to speak honestly and not tiptoe around for fear of offending powerful people. it's a reminder we're always better off when we deal with reality. that's your reality check. >> and the confusion hasn't been a bug. it's the feature of this diplomatic position that the u.s. has been a part of. >> yes. that's exactly right. but we tie ourselves up in knots with the lies. enough with the fictions. >> john avlon, thank you very much. the republican senate race in pennsylvania sitill neck and neck, over the legal battle over mail-n ballots. many. and georgia, david perdue ending his campaign for governor with this remark about democrat stacey abrams. >> hey, she ain't from here. let her go back where she came from. she doesn't like it here.

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♪ so, today is the deadline for counties to report the vote counts in pennsylvania's republican senate race. the lead held by mehmet oz over dave mccormick, you can see it has narrowed to fewer than 1,000 votes. so if this final margin lands within half a percent or less, it will trigger an automatic recount. that's almost a definite at this point. joining me now is pennsylvania's deputy secretary for elections and commissions, jonathan marks. thank you so much for being with us. you can tell us, at this point, how many votes are left to be counted? >> well, thank you for having me. so, right now, we have a few thousand votes that remain to be counted. those are primarily military -- ballots from military and overseas civilian voters. those ballots can actually still be received up through 5:00 p.m. today. and the counties will canvas them tomorrow.

right now, the counties are in the midst of their official c canvas. they'll be reporting unofficial returns as you said, by 5:00 p.m. today. then we'll take the next step in this process. >> a few thousand votes? 2 or 3,000, or closer to 10,000? >> it's actually, on the republican side, it's definitely just a few thousand votes, based on information we've obtained from the counties. we'll have a clearer picture of that by 5:00 p.m. today, after counties report to us the unofficial returns. along with an accounting of exactly how many outstanding provisional ballots, outstanding absentee and mail-in ballots that they have. >> all right. you can explain to us exactly what the issue is, with the mail-in ballots? dave mccormick is suing to require the ballots that do not have the date written on the envelopes should be counted. explain exactly what the

pennsylvania law is. >> well, pennsylvania law provides that voters have to both sign and date the declaration envelope. as you noted, there is litigation going on right now. i'm not going to comment on the active litigation. but, you know, our goal here at the department and the counties, to make sure every vote is counted. and we'll work with the counties, kyou know, whatever te courts decide in that litigation. we'll work with counties to make sure that they carry out the court's order. >> just so people understand, you're supposed to write the date on the envelope. but it has nothing to do with when the ballots are sent, or received. we're only talking about ballots that are postmarked by the appropriate time and received by the appropriate time, regarding of whether the data's written on the envelope, correct? >> i want to clarify one thing.

it's not postmarked. they have to be received by 8:00 p.m. on election day. so, yes, as long as they're received by 8:00 p.m. on election day, they can be counted. and that's really the crux of the argument right now. and that's what the court is dealing with, is, is the date that the in determining whether the vote should be cast or not. the courts are going to decide, as i said. we're going to provide the counties with guidance and we'll work with them to make sure they carry out whatever the court's ruling is in the end. >> just so people understand, david mccormick is suing to have the ballots counted. and now i believe the rnc are coming down on the other side and saying unless date is written in, they should not be counted and you're waiting for guidance from the courts before you tell counties what they should do, correct? >> we will be offering -- we already reached out to the counties. we made them aware of the ruling. and the district court that occurred on friday.

and, you know, what we have asked them to do is segregate those ballots, those undated ballots and await further instruction from us. we're having those discussions internally, with our own counsel and we'll be providing counties with guidance as appropriate and, you know, in the end, what we're going to have is an accurate count, you know whether there is a statewide recount or whatever happens, we're going to have an accurate count and voters in pennsylvania can rest assured that their voice is going to be heard. >> that is what's important. jonathan marks, appreciate your morning. >> thank you. i appreciate the opportunity to talk to you. during an interview with -- for ukrainian president zelenskyy after a speech at davos. the delegation was not from china.

we regret the error appeared on our air. we reached out to mccall's office for a statement. an ex of johnny depp expected to take the stand in the actor's defamation trial against his other ex amber heard. plus, the tensions between donald trump and mike pence get uglier as voters in georgia choose between their candidates today. refresh italiano subway now has italian-style capicola on the new supreme meats and mozza meat. just like my nonna makes when shehe cooks! i don't cook. wait, what? it's's a good thing he's so handsome. subway keeps refreshing and refre- ♪ it wasn't me by shaggy ♪ you're never responsible for unauthorized purchases on your discover card. what's on the horizon? the answers lie beyond the roads we know. we recognize that energy demand is growing, and the world needs lower carbon solutions to keep up.

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customizing your car insurance, so you only pay for what you need. (emu squawks) if anyone objects to this marriage, speak now or forever hold your peace. (emu squawks) (the crowd gasps) no, kevin, no! not today. only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪ this morning, new highly anticipated testimony expected in johnny depp's $50 million defamation case against his ex-wife actress amber heard. depp's legal team is set to call his ex-girlfriend supermodel kate moss to the stand. cnn's chloe melas is joining us now. this has been dramatic, every step of the way. this is going to be extra dramatic, chloe. >> good morning, brianna. you are right. expect fireworks. what yesterday started at the

beginning of the last week of this trial, but it feels like the entire world is watching and, yes, we're going to hear from johnny depp's ex-kate moss. a new star witness set to testify, in the $50 million defamation suit actor johnny depp has brought against his ex-wife amber heard. supermodel kate moss is expected to be called as a rebuttal witness for johnny depp in the final days of the trial, the source close to depp tells cnn. moss and depredated in the '90s and remain close, moss is expected to testify about a rumored incident between her and depp involving a flight of stairs. earlier this month heard mentioned the alleged incident when testifying about a march 2015 fight where she punched depp. she said she feared he was going to shove her sister down the stairs. >> see my little sister with her back -- face -- her back to the staircase, and johnny swings at her. i just in my head instantly

think of kate moss and the stairs and i swung at him. >> reporter: heard mentioning the model by name opened the door for moss to testify in the trial. depp's attorney seemingly elated, pumping his fist and smiling at depp. on monday, heard's team continued to rebut depp's claims of defamation, both depp and heard deny being abusive and cast each other as the abuser in their relationship. entertainment expert catherine arnold testified that depp's career was on a downward trajectory and his reputation was already suffering before heard wrote a 2018 ""washington post" opinion piece she was a victim of domestic violence. >> the rising cost of mr. depp's talent, the challenges they had to keep it on budget because of his lateness and his tardiness and all the other allegations that would affect a brand such as disney, so there are many

problems. >> reporter: heard is countersuing depp for $100 million claiming her career has suffered, because of statements from depp's team. >> i like to call aquaman really, you know, amber heard's star is born moment. >> reporter: arnold testified that heard's role in the sequel to "aquaman" was greatly diminished. arnold testified heard has not made any other studio movies and estimates it is heard who has suffered the loss of millions of dollars. heard's team also called an expert orthopedic surgeon, casting doubt on depp's description of how his fingertip was severed. he claimed heard through a glass bottle at him, causing the injury, dr. richard moore says that depp's injuries are not consistent with that account. >> the description was that a hand being flat on the bar and the bottle crushing the finger from the top. but looking at the images there is really no significant injury to the -- of the finger and to create the type of injury with

that type of a crush injury we would anticipate both injury of the fingernail and other parts of the finger. >> reporter: also testifying for heard, dr. david spiegel, a psychiatrist who is an expert in intimate partner violence. neither doctor has evaluated depp, but they did review testimony and medical records, spiegel concluded -- >> mr. depp has behaviors that are consistent with someone who has a substance abuse disorder and physical behavior, someone who say perpetrator of intimate partner violence. >> reporter: the jury is expected to begin deliberating on friday. "new day" continues right now. i'm brianna keilar with john berman on this "new day." polls opening across the country as voters cast their ballots in several high stakes primaries. cnn with special live coverage. and georgia's republican candidate for governor making an 11th hour racist attack against the democraticee