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>> erin, thanks so much. good evening, everyone, from nationals park in washington. where democratic and republican lawmakers are swearing off on the baseball diamond tonight, while trying to project unity to the country. just about a mile north here is the capitol, while the country was united in shock and horror. the ball field shooting was just about 15 minutes a s away. and we're not far from the hospital where congressman steve scali scali scalise is. and there is breaking news in the russia investigation. "the washington post" reporting tonight that special counsel robert mueller's russia investigation now including jared kushner's finances and business dealings. we begin, though, with some of the sights and sounds from the

ballpark tonight. >> i want to thank members of congress, their staffs and baseball fans across the country for supporting tonight's congressional baseball game. ♪ o say can you see ♪ by the dawn's early light ♪ what so proudly we hailed ♪ at the twilight's last gleaming ♪ ♪ whose broad stripes ♪ and bright stars ♪ through the perilous fight ♪ oer the ramparts we watched ♪ were so gallantly streaming ♪ and the rockets red glare ♪ the bomb's bursting in air ♪ gave proof through the night ♪ that our flag was still there ♪

♪ o say does that star spangled banner yet wave ♪ ♪ oer the land of free ♪ and the home of the brave >> in washington, we have our disagreements. but we all agree that we are here to serve this nation we love. and the people who call it home. that's the source of unity. and more than ever, we must embrace it. so that on this special night, i leave you with three great american words that for generations have torn down barriers, built bridges of unity and defied those who have sought to pull us apart. ladies and gentlemen, let's play

ball. >> some especially moving moments so far tonight. phil mattingly has been out and about at the ballpark. joining us now from the center field stands. what is the mood in the stands tonight, phil? >> reporter: well, anderson, hopeful and buoyant. it's understandable how rattled capitol hill was yesterday. it was kind of a worst nightmare kind of moment. tonight is an opportunity to unify and really try to get past that. if you think about what the lawmakers and the staff are going through, everybody here really kind of in full force. more than 20,000 tickets were sold. they've raised more than $1 million for the charities. you also have steve scalise's office. they met in the capitol before, they came out here en masse. everybody wearing team scalise shirts. the entire michigan tell gradel wearing white ribbons in honor of mike mika, upgraded to stable

condition from critical. a lot of people trying to reconcile what happened yesterday and at least for a brief moment, this kind of giving them the opportunity to at least hope, or at least get away from what happened yesterday, if only for a couple of hours. >> yeah, i mean, you've been talking to people on the hill since yesterday morning. they've been talking about wanting a change, more, sort of racheting down the rhetoric. are you seeing some of that tonight? >> reporter: yeah, no question at all. look, republicans and democrats met at second base before the game, joined in prayer when the lineups were announced. they were all standing next to each other. nancy pelosi talking to republicans, ivanka trump, speaker paul ryan in the democrat's dugout. there's a recognition that things are not in a good place right now. nobody thinks this is going to change everything, but some hope that perhaps this could be a first step in trying to maybe pull people back together after what's been a divisive, certainly campaign season, first six months of the new administration, but really, we're going on years right now.

so, i think that's what people are kind of clinging to right now. we'll see how much longer it can actually last. but at least for the moment, certainly signs that that's actually happening. anderson? >> i know you talked to two freshmen congressmen today, from opposite sides of the aisle. they're planning to sit together at the game tonight. >> reporter: yeah, sitting next to one another, one of their staffs sitting next to each other there's a recognition that things are in a bad place. they are trying to bring things together. dwight evans, brian fitzpatrick, both from pennsylvania, neighboring districts. and i think, i wanted to kind of press them, how does this actually change anything, sitting next to one another at a game, trying to show bipartisanship? this was their response. >> we're dealing with a deeply entrenched, deeply engrained system that's been perpetuated for a long time. so, is it easy to change, no. but can we, of course we can. we just have to have the will to do it. >> and i think also, the

external event also showed something that normally you wouldn't have seen. unfortunately, the shooting and the violence occurred. i think many of us, we recogn e recognize, looking at ourselves, we have to look at ourselves in the mirror and recognize that if we are to send a tone to our constituents, it's how we conduct ourselves. if we want change, we have to start with ourselves. >> reporter: and i think that's kind of what i heard from lawmakers throughout the day today, anderson. there's a recognition that if things are going to change, it whats to start in the capitol building. they hope this is one small step for that. we'll see how long it lasts. we've had a lot of events like this in the past where it hasn't been sustainable. at least for one night, it appears everybody willing to come together at the ballpark. >> yeah, phil mattingly, thank you. congressman scalise is recovering tonight from a third round of surgery. it now seems clear that he was more badly wounded than thirst believed. brian todd is at the med star

washington hospital, with the very latest. the congressman, we understand, underwent a third operation what do we know about his condition? >> reporter: anderson, a source with knowledge of the situation now tells us that congressman scalise is now out of that third surgery. it was unclear the duration of that surgery today, but he is now out of that surgery. it is complete for the day. this source that we spoke to cautions that this is what they did expect to do yesterday. this was not as if they had to rush him into surgery on an emergency basis today. they did expect to require additional surgeries and they did have a third surgery today. hospital officials telling us he is still listed in critical condition tonight here at washington hospital center. and when you look at the nature of his wound, anderson, you can certainly understand why they did require additional surgeries. from hospital officials, they say he did suffer that single gunshot wound to the left hip. that the bullet went across his pelvis, that it fractured some bones, it injured some internal organs. it caused severe bleeding.

he was transferred here in shock yesterday. he had one surgery, then additional procedures to stop the bleeding. he's received multiple units of blood transfusions, so, they did expect him to require additional surgeries. when you are in critical condition, it does mean you could be unconscious and there are issues with bleeding. so, this surgery today, we don't know the exact nature of it, it likely had to do with some bleeding issues. >> what's the update on matt mika, who is a lobbyist, practicing with the team yesterday and i believe was shot in the chest. >> reporter: good news on matt mika, anderson. tonight, we're told, he is now listed in serious condition, he was listed in critical condit n condition. critical, of course, is the most severe condition. so, he was upgraded to serious. that's good news. as you mentioned, he was shot multiple times in the chest and the arms. he is now set to be alert, but he does require help breathing and he will need some additional surgeries, but good news on him. he is now listed in serious condition, shot multiple times. we also have an update on zach

barth, that other capitol hill staffer who was shot, he's been released and he was back at work today, anderson. >> yeah end in fact, zach's at the game tonight, we'll talk to him a little bit later on. more now on the congressman's condition from a surgeon's point of view. cnn chief medical correspondent dr. sanjay gupta joins us now. so, when -- let's talk about steve scalise. what are some of the challenges when operating on a wound around the hip and there's certainly a lot of organs around there. >> yeah. and this trajectory of this bullet, you know, sort of went through the pelvis, the abdomen, there's -- obviously concerns there, but the biggest concern, i think as bruin was ian was re to is the bleeding. when you talk about a rifle injury, it's not even necessarily that the bullet actually strikes the blood vessels, it just creates such a wave, they call it cavation, that it can shear blood vessels that are some distance away.

that's one of the challenges. you know where the injury is going to be, but you have to look in other places to see the sources of bleeding. a lot of times, they have so sort of stage a procedure. and that means at some point, even though you're not having completed what you need to compete, you have to stop. and the reason being, you have to be able to let the patient recover from this part of the operation, give them some blood products back, make sure their blood is still clotting, and that's a cycle that may continue for the next few days for him. >> and he's still in critical condition, after this third surgery. what does that tell you? because there's critical, sometimes people are responded by critical by stable. they are saying just critical. >> that means that his blood pressure, his vital signs, his heart rate are still fluctuating. that means he's probably still having some degree of bleeding. he's still requiring blood to be replaced. and one thing, you know, when you bleed, you obviously, you lose red blood cells, but you are also losing the little ingredients within blood that allow you to clot your blood.

so, it becomes a bit of a cycle. you lose blood, but you also can't clot, that just makes the ed blooing even worse. and that goes back to that notion of catching up. blooding down, stopping an operation, replacing some of the clotting factors. but they're keeping him very close to the operating room. they may need to go back to the operating room at any given time to try to stop that bleeding if it continues to get worse. >> well, we certainly wish him and matt and all the others the best. sanjay, thank you very much. we don't spend a lot of time on lawmakers as anything but an embodiment of the policies and legislation they support. we don't focus on their humanity, what they share as colleagues, what is a small community. at the same time, it's more than a little sad we have celebrating the recognition that politicians are people, united in their humanity as if it shouldn't be all the case all the time. with that in mind, i spoke with mitch mcconnell, charles shoe her, the majority and minority

leaders. when you first heard about this, what went through your mind? >> well, weer with shocked like everybody else. that anybody would come in and start shooting at our members. that was something i don't think anybody contemplated. we have a pretty active group of opponents in the country, but this is the first time that i know that anybody has taken up arms. >> do you link this to the level of rhetoric -- >> there's a lot of heated rhetoric from all different directions. it doesn't excuse this. it doesn't condone it. but it's a good reminder that maybe we can bring the temperature down across the country and the congress and everywhere else. >> what does it say about this moment, the fact that you two are doing this interview together, i don't know the last time you have done an interview together. what does it say about this moment? >> well, we want everybody to know that we've always had a robust discussion of the issues in this country, throughout our history. but we don't dislike each other.

we work together all the time, senator schumer and i do on a daily basis. we have our political arguments, but at the end of the day, we're all americans. and i think everybody needs to remember that, because we're all in this thing together. >> should it take -- >> we just passed a bill, pretty contentious, iran sanctions, russia sanctions. mitch and i worked together on it, along with committee members from both sides, and it passed 98-2. when it's contentious, it gets more attention when we're work g together. we passed an appropriations and budget process, the whole federal government with a great deal of cooperation that made everybody pretty happy. >> should it take a tragedy like this, though, to bring you two together, to do an interview? >> we work together pretty closely before this tragedy, but if it can help bring things closer together and help us all work closer together, it's a horrible way to do it, we all pray for mr. scalise and all the other people's speedy recovery,

but let's hope we can get some good out of this tragedy. >> do you think this really bring about some sort of lowering of the temperature? i mean, already today, you had one congressman pointing the finger at president obama for this, you had nancy pelosi talking about republicans in a very unflattering way. >> look, we ought to be able to have big, robust debates in this country without having this level of animosity that a lot of people feel. i think most americans have not read a lot of history. we've had a lot of very contentious periods throughout oir 230-year history. >> there have been fights in congress. >> we haven't had a single incident where a congressman -- >> long time ago. >> in the 1850s. >> when we heard about this, many of us were in the gym, i two to the gym every morning, i learned when i started going to the senate gym, democrats exercise late in the day, republicans early in the morning, so, except for mitch, the whole leadership team on the republican side is there.

and, you know, we were just all united in our shock and hope that there would be fewer injuries. it was a moment, and we do this all the time, where we're talking to each other and working with each other. there's a lot of contention, obviously, the politics has become polarized, but it doesn't have to stand in the way of personal relationships or of working together. >> so, how does it change? because, i mean, again, there's already rhetoric flying on both sides. >> there is always going to be rhetoric, anderson. but that, you can't stop. that's been the history of the country, as mitch pointed out. ev even on the senate floor. if we can still work together in areas where we can work together and the senate, as the cooling saucer, helping bring people together a little bit, that's a very good thing. and i know mitch does, because we've talked about it. we aim to do it. >> and a lot of that is going on all the time, unfortunately, it doesn't make news. our arguments tend to make the news and our cooperation doesn't. but there's a lot of cooperation

on a whole lot of things all the time. >> president trump made statement last night about congressman scalise, was getting bipartisan praise for his tone. today, tweeting about, calling this a witch hunt against him, talking about the people leading it as being disturbed, i think was his term, or conflicted. is that appropriate? >> i typically don't comment on the president's tweeting habits. >> do you think it is a witch hunt? >> i don't have any observations about that. i think we had here an example of a horrendous event that we all condemn and we're here together tonight to make the point to the american people that there's a whole lot of cooperation in the congress, even though it may not be covered on a daily basis. >> not to say we can't make it better and we're going to try. >> does some of that start at the top? >> it starts everywhere, but today's not a day to point fingers or criticize. today's a day to come together. >> are you going to watch the game? >> i love baseball. >> i'm here for the republicans,

by the way. >> you're still rooting for the republicans. >> well, you see there, he can root for the republicans, i can root for the democrats, but we can still be friends. that's aed mole. baseball is a good -- some of my best friends hate the yankees. i love them. >> you both have been here. you know washington. you talk to folks who served in past decades who said, you know, it used to be, people go out to dinner together, there would be tough debates but there was more kind of mixing. do you hope it comes back to that? >> i don't think the absence of that is a problem. i mean, i think there's plenty of interaction across the aisle. chuck just mentioned the bill we passed this week, very important piece of legislation, good, classic example of bipartisan cooperation. i really just don't think it's a problem. >> thank you very much. >> thanks for having us. go democrats. and that was done in a bipartisan way. >> okay. and we're joined now by mark preston and gloria borger.

will anything actually change? i mean, we've heard for the last two days, talk about lowering of the temperature, but we've heard this a lot of times in the past. >> unfortunately, we've been through events like this, you know, after 9/11, gabby giffords' shooting, newtown, they change, and then they change back. however, we've been through it enough that perhaps people will realize that they're not going to get anything done unless it does change. and it starts from the top. if president trump sometimes uses words and language that are disruptive to the democrats and are -- and i think that if everybody would kind of tone it down a little bit, things might get done. i mean, congress has, what, a 10% approval rating? it's not as if they shouldn't see that there are things that nay need to do better. >> you know, let me say this.

i do think the toning down of the rhetoric is extremely important. the idea, though, that people are on different sides of issues, i think is healthy for us, right? and i think we all can agree that, you know, diversity here in the united states, whether that's ethic diversity, religious diversity or diversity of opinion is really what makes us unique, than any other country. what does make us unique to any other country is the anger and the vitriol and the ability given by the first amendment to actually express themselves. the unfortunate part of that is that it's not morally right. it's very disrespectful. not only what we see in congress, but quite frankly what we see in our neighborhoods and on our streets. politics has really risen to a level right now where i do think people need to jack it back just a little bit. you can stand strong in your views. we heard paul ryan say it, you know, last hour, we heard mitch mcconnell and chuck schumer say it this hour. the bottom line is, we're going to be divided when it comes to

how we get to the end point. but everybody wants to get to the end point. >> everybody wants to get something done. they want to get different things done. that doesn't mean you troll each other. >> right. >> and i think that's a problem here. i mean, members of congress used to come here and get to know each other and now they're too busy. and they don't make -- they go home every weekend, it's demanded of them to do town halls and to be -- >> you think that's part of the issue. >> i think it's part of it. >> they're not really here. >> they're not here. and there are members of congress, and you can have an argument about career politicians, if that was good or bad, but there are members of congress who cared about the institution a lot and were here for a decade or more and got to know people. now, you know, in and out, term limits, they limit themselves and they go home every weekend. republicans don't know republicans. much less democrats. >> that's one of the things that people were saying about playing this game is, you actually meet people in your own party who you wouldn't otherwise meet. >> or from the other party. what strikes me is, people get

angry when their members of congress aren't home all the time. they are getting hired to look out for their interests in washington. >> we're going to continue the conversation, we're going to continue to follow developments here, of course, a lot happening here at the ballpark and of course with congressman scalise. we have breaking news in the russia probe, involving the vice president of the united states and jared kushner, as well. late developments. and more on the president's tweet storm that raged for most of the day today. [man] you know how every neighborhood has that one house where all the kids hang out? [team member] yes. [woman] we want to be that house. [team member] i love that. and now, with my credit options guide, we can help you find which type of credit might be right for you. ready to get started? [woman] okay. [man] definitely. i'm the one clocking in... when you're clocking out. sensing your every move and automatically adjusting to help you stay effortlessly comfortable. there. i can even warm these to help you fall asleep faster.

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visit your volvo dealer to take advantage itthe power of nexium 24hr protection from frequent heartburn. all day, and all night. now packed into a pill so small, we call it mini. new clearminis from nexium 24hr. see heartburn differently. welcome back here to nationals park. it is 3-2, democrats, right now in the bottom of the third inning. as the story here unfolds, news has been breaking in the russia investigation, and all day, the president has been tweeting angrily about it. he started around 7:00 a.m., picked it up again late this afternoon, reacting to that report in "the washington post" that the special counsel is now investigating him for possible obstruction of justice. then, this evening, word came that vice president pence has

retained outside counsel. the country's top two executives have lawyered up. now "the washington post" is reporting that jared kushner's fn finances and business dealings are a focus of robert mueller. "the post", who is citing sources close to the matter. the white house has said it was diplomatic, not business-related, but the banker says it was. at the time, kushner's family was seeking financing for its flag shipbuilding on new york's fifth avenue. kushner's lawyer says, quote, we do not know what this report refers to. it would be standard practice for the special counsel to look for records to look for anything related to russia. our jeff zeleny is at the white house for us tonight. he joining us now. so, the president very active on twitter today, talk about what he had to say. >> reporter: well, he had nothing to say when we asked the

question directly of him, if he believes he's under investigation. he was asked that question after a signing an executive order earlier today. but anderson, you are right, he was venting throughout the day on social media, as he likes to do. the white house won't answer questions about the russia investigation investigation, referring them to his lawyer. but this is a sampling of what the president said. this afternoon, he was focused on hillary clinton. we are 219 days since the election. this is what he said about hillary clinton this afternoon. he said this. so, why is it that the hillary clinton's family and dems de dealings with russia are not looked at, but my nondealings are. he also said, you are witnessing the single greatest witch hunt in american political history. led by some very bad and conflicted people. he also said this. they made up a phony collusion with the russians story. found zero proof, so, now that

go for obstruction of justice on the phony story. nice. so, anderson, that's a sample of what the president was thinking and venting this afternoon. this is one of the issues here. the how was howhite house was h wall off the questions about the russia investigation. that becomes much more difficult when the president is out there tweeting, venting, saying things in real time, things that his white house advisers say they cannot say or explain. >> yeah, and certainly every attorney we have spoken to said that the president's attorney must have suggested he not tweet, that any attorney would suggest their client not be making statements about an ongoing investigation. the vice president retaining a lawyer today what do we know about that? >> the vice president did retain a lawyer. they announced this late this evening. the -- this is someone who is going to lead the vice president, sort of separately, throughout this special counsel investigation, as well as the white house and senate committees, as well. his name is richard cullen. he's a former virginia attorney

general. a former u.s. attorney for the state of virginia, back from the george h.w. bush administration. but anderson, this is a sign that the president and the vice president are linked on many things. they are not necessarily linked on this. and will have their own representation here. the vice president is central to all of this, particularly the michael flynn investigation, because it was the vice president who mr. flynn misled about his dealings in his meetings with the russian ambassador. so, this is a sign, i'm told, by advisers to the vice president, has been in the works for a month or so. it was just announced this afternoon, this evening, and is not going to be a paid for through taxpayer funds, through nontaxpayer funds, we're not exactly sure if that means his political action committee or some other form here. but one adviser to the vice president said, he certainly has a smaller net worth than the president, by several, several zeros. anderson? now he has his own lawyer. >> this could be very expensive. jeff, thank you very much. i want to go to manu raju on the

president's tweets. >> reporter: a lot of people are uncomfortable with the way the president is going after bob mueller. a number of members said, let the investigation play out. they are telling the president, if he is truly innocent here, he can be exonerated if he just sits back and lets the investigation happen and cooperates. here's what they said. do you think it's a witch hunt, that bob mueller is launching right now? >> well, i don't know that bob mueller would ever launch a witch hunt. he's a very fine man. i think it would be good for donald trump to watch his tweets a little more carefully. >> you think there are things he should have done differently, the president? >> well, i imagine that in hindsight, if they had to do it over again, they probably would have avoided the february 14th meeting in the oval office. >> what do you think of it -- >> i pay attention to what he

does, not what he says. learned that a long time ago. >> anderson, when marco rubio was referring to that february 14th meeting in the oval office, that was a reference to what james comey alleged, where president trump urged him to drop the michael flynn investigation, i hope -- i ask you to let this go. clearly, that is one element here that republicans say, look, if president trump truly is innocent here, he can interview with the special counsel, interview and cooperate with the commit deeps on capitol hill and he'll be exonerated at the end of the day. but stay off social media. >> some of the president's most ardent supporters are calling for mueller's resignation. has that come across at all with the gop members you've spoken with? >> a lot of members do not want to hear any talk of dismissing bob mueller, particularly as the talk about obstruction of justice now comes front and center in this special counsel's investigation.

anderson, today, the leaders of the senate intelligence committee were showing some deference to the bob mueller investigation, saying that they actually are not going to look into the issue of obstruction of justice, they want bob mueller to do that. thaim co- they'll cooperate with him, as they look into russia, meddling and any collusion that may have existed with trump campaign associates. just shows how much respect there is on capitol hill for bob mueller and his investigation. any talk of dismissing him is not getting much support, even among the president's own party. anderson? >> all right, manu, thank you. with the president sounding off on twitter on the russia probe, as well as the vice president hiring outside counsel, a lot to discuss with our legal panel. jeffrey toobin and allen dershowitz. jeff, the fact that vice president pence has retained an outside attorney to deal with the special counsel, not only is it his right to do so, i would assume any lawyer worth their

salt would say to do it. >> that's exactly right. i mean, there have been many, many significant developments in this investigation recently. mike pence hiring a lawyer is not one of them. i mean, he is, obviously, going to be interviewed at some point. there may be document requests. he did the prudent thing in hiring a lawyer. but i don't think it suggests anything about any possible culpability of his part. it's a nonevent, as far as i'm concerned. >> professor dershowitz, "the washington post" reports that the special counsel is looking at obstruction of justice. you've beened a mapt that the president did nothing criminal. do you take issue with robert mueller investigating the possibility of obstruction? >> well, first of all, i want to comment on what you said about talking points. i don't provide talking point. >> no, no, you certainly don't, i think your name, they have -- they are cited you as one of the experts who has talked about obstruction. >> well, they can do that, i'm a public figure, i talk about

obstruction, sometimes i say things that are positive for the president, sometimes negative. for example, i think the laws have to be changed. i don't think the president should have the power to fire the special prosecutor of the fbi. i think congress should restrict the president's power. but in the absence of statutes, there still cannot be obstruction of justice for engaging in purely lawful acts. i have no problem with mueller conducting an investigation. he should be looking to see if there was any bribery, any attempt to intimidate witnesses. any lying to the fbi, any destruction of evidence. any of those would constitute obstruction of justice, but i maintain my position that simply exercising his constitutional right to fire the director of the fbi and exercising his constitutional right to tell the fbi to end a particular investigation, though it's bad policy, and shouldn't be allowed under the law, today, is allowed under the law and you don't fill gaps in the law by retro actively creating or stretching

criminal statutes to cover conduct that wasn't criminal at the time it occurred. >> well, allen's been making that point for, you know, since this investigation began, and it's no more true now than it was then. it can be obstruction of justice for the president to use the fbi for improper purposes. and that -- evidence of that can include firing the head of the fbi. that is very much similar to what the house judiciary committee in 1974 voted to impeach richard nixon for. misuse of the fbi can be obstruction of justice. that's what happened in watergate and that's what robert mueller, very properly, is investigating right now. >> no, i think -- i don't think that's right. i think -- this is much closer to what happened when the first president bush granted a pardon to kasper wineberger on the eve of his trial and the special prosecutor said the reason was, essentially, to prevent him from pointing a finger at president

bush and incriminating him. and nobody at that point suggested that you could, in any way, prosecute or impeach a president for exercising his constitutional authority to pardon. the same thing is true with the president's constitutional authority to fire the director of the fbi. you should change the law. and the law was changed for awhile, when we had special prosecutor laws, but congress has failed to repass those statutes. in the absence of a statute, the president retains his full constitutional authority, and that authority includes the right to fire the director of the fbi, which is wrong, but not criminal, and the authority to tell the director of the fbi to end an investigation. i wish that were not the law. i wish we had different rules. but you can't fix up the law through criminal statutes, filling the gap when the statutes are vague. now, jeffry, who is a terrific lawyer, talks about, well, if the president has a corrupt intent -- do we really, really want the presidency to turn on

some jury's definition of corrupt? and as i said over and over again, if this were hillary clinton in the cross hairs, if she had been elected president, all the people who are now saying that we should expand obstruction of justice would be taking the other position. if the shoe were on the other foot. people would be talking the president. because it's an unpopular president, and what you can do to an unpopular president today that you could have done to hillary clinton yesterday. >> jeff, i want you to be able to respond to that. >> well, allen said a lot of things. first of all, if donald trump wants to pardon somebody, he can pardon somebody. but it is a very different thing to offer a public pardon than it is on february 14th, to send the vice president and the attorney general out of the room and then secretly and recognizing the impropry tir of whiety of what one might argue, telling the fbi director, i hope you don't --

don't investigation my friend and adviser, mike flynn. that could easily be interpreted as acting corruptly. the federal statutes are full of words like corruptly, wrongfully, and evaluations of every other citizen's conduct can be evaluated by those standards. they also should be able to evaluate the president's conduct. i don't know -- i don't know -- >> jeff, let me -- >> i'm sorry, go ahead, yes. >> let me just ask you about this "washington post" report about mueller probing jared kushner's business dealings. how significant is that? >> it is potentially very significant, but it is also entirely related to what mueller is already investigating. he is investigating improper activity, potentially, by the trump campaign in connection with russia during the 2016 election. at that time, in december, jared

kushner is meeting with the head of a bank that has been sanctioned by the united states government while he is meeting with representatives of the trump -- of the russian government, the corrupt bank and the russian government. why? why is he meeting with them? i don't know, maybe there's an innocent explanation. but his business interests are highly relevant to those questions. doesn't mean he did anything wrong. it's perfectly appropriate for mueller to investigate that. >> professor dershowitz, i have to ask you, do you think the president is being well served by his outside counsel, and if asked, would you be interested in joining his legal team? i know you've been suggesting he not tweet and he's not following that advice yet. but how do you think he's being served and would you be interested? >> no, i have no interest in serving at the president's lawyer. i'm interested in serving as the lawyer for american civil liberties interest. i want to be able to criticize

the president when he deserves criticism, as i did when, for example, he leaked information, national security information to the russians, you will remember, anderson, on your show, i said this was the worst thing the president had been accused of. were i his lawyer, i couldn't say that. i don't want to be his lawyer. i want to stand up for civil liberties. i want to make sure that statutes are not expanded beyond reason and applied to people in a targeted way because they disagree with their politics. look, i think the president has to put together a very effective legal team. it should include experienced criminal lawyers, experienced constitutional lawyers. i do not want to be part of that team, but i want to continue to defend civil liberties on television, in the media, in my writings, i'm writing a book about it, in which i talk about how both president trump and those going after him are in

dangering of civil liberties. i want to maintain my position as an independent commentator. >> well, i want to read that book and disagree with it just as much as i disagree with allen on tv. >> i think you would agree with some of it. >> i'm sure i'll agree with some of it. >> we want both of you to continue on this program, as long as possible, so, jeffrey, professor, thank you. coming up, he was among those injured at the republican baseball practice yesterday. zach barth, shot in the leg. he's now out of the hospital, he's hafter the game. he said after he was shot, the adrenaline took over. i'm going to speak him and the congressman that he works for, who also dove for cover, next. of course he was strong... ...intelligent. ...explosive. but the true secret to his perfection...

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so isn't it time our networks did too? introducing america's largest, most reliable 4g lte combined with the most wifi hotspots. it's a new kind of network. xfinity mobile. the annual congressional baseball game is still going on behind me. democrats are up 7-2. safe to say, this is the most attention the game has ever gotten. the game is for a good cause. the game got under way as planned, a day after a shooting at the field where the republican team was practicing just yesterday morning. congressman steve scalise, four other people were injured, including zach barth, a congressional staffer who was shot in the leg, who just got this update on the congressman from the hospital. it reads in part, he remains in critical condition, but has improved in the last 24 hours. the congressman will require additional operations and will

be in the hospital for some time. zach barth works for one of steve scalise's colleagues, congressman roger williams. i spoke with both of them before the game today. zach, when did you realize what was going on? >> so, i was out in center field. i was shagging fly balls, i heard a loud pop and everything stopped. didn't know what it was and then i heard more pops. >> there was one and then a pause? >> there was one, and then a slight pause, and it seemed like eternity, time kind of slows down, and then i heard somebody yell shooter, he's got a gun, run. and at that point, i ran, you know, i was in center field. he was shooting from the third base line. >> could you see him? >> i could, yeah. >> wow. >> i could see him. he was outside the chain link fence, standing behind the dugout i ran dugout. i ran to the right field. there was no gate that i could get there true, hrough, so, i j laid there. and then -- >> you were down on the ground? >> i was down on the ground. he turned his living towards me. >> you were watching him the whole time? >> yes. >> wow.

>> he turned his rifle towards me and i started to hear and feel pops all around me and then he struck me in my leg and -- >> you could tell he was shooting at you? >> yes, yes. absolutely. >> what goes through your mind? >> well, at that point, i was pumping through adrenaline, it was pumping through me, and my fight or flight reflexes took center stage. i decided i couldn't just sit there and be a sitting duck, let this guy do target practice on me. i made a run for it. ran for my life, into the dugout. >> when were you hit? >> i got struck in the leg when he was shooting at me. i felt a burning sensation. looked down, saw blood. knew he was getting close to hitting me more. and at that point, i decided i couldn't just stay there. >> did you realize you were hit just from the feel of it or when you actually saw blood that you -- >> you know, it was a burning sensation. i could tell that i was hit. and the blood confirmed that, yeah. >> so, you just -- you ran?

>> i ran, yeah. and i don't know if i caught him reloading a magazine or what, but, and he might have been shooting at me. it all happened so fast. i don't know. but i just dove into the dugout, into the congressman's arms and -- >> you know how long it took you to run across? >> probably the fastest i could have ever run with a bullet wound in my leg. >> and congressman, where were you when the shots began? >> well, when they began, i was hitting steve scalise ground balls by the batting cage, and i hit him a ball and all of a sudden we heard this pop and we thought it might have been a car backfiring and then there was another pop, pop, pop, and everybody yelled, he's got a gun, get for shelter. so, i don't know why i decided to do it, but i went to the first base dugout, which is literally a dugout, six foot deep, and i dove in it head first. like diving in a swimming pool with no water. when i got there, i found myself face to face with congressman brooks and senator flake. we were right there together, and then out of nowhere comes

zach from his sprint -- >> did you see him run? >> no, i did not. he jumped in there and he said, i'm hit, and it just so happened where he jumped in my arms, i put my arms around him and he put his arms around me and mo brooks took his belt off, gave it to flake, flake put a tourniquet on his leg to stop the bleeding. and then we all just kind of stayed down, but we had -- the thing about this, we had probably 15 of our colleagues in this dugout, laying low, getting fired upon and we had generations. we had guys, older guys like me and then we had a 10-year-old. >> mo brooks' -- >> joe barton's son. and there we were all, sharing this unbelievable moment and it just felt like it went on forever. and then i was able to -- where i was, zach was right there with me, i looked up and i can't remember who it was, but i saw one of the police officers, the capitol police, with nothing in front of them, firing a gun like

this, boom, boom, boom, boom, boom. which was the greatest amount of bravery i've seen. >> had they not be there -- i were all -- >> everybody -- >> there were a lot of folks in that dugout, sitting targets. >> if they had not been there, i say he would have killed everybody. and he was trying to get into the ballpark, the fence was locked if he hadn't been there, we literally had nothing but baseballs and bats. >> zach, you talked about adrenaline. adrenaline can mask pain quite a while. once you were in the dugout, did the adrenaline calm down and you start to feel your wounds? >> the bullets were still

flying. the adrenaline probably didn't wear off until i was in the ambulance and started to feel the pain. it hurt. in the moment i was just trying to think about staying alive. i was trying to keep my head down and just stay alive. >> why did you want to be here today? >> this is an important event. we are coming together for one thing and i kind of echoing speaker ryan's sentiment that an attack on one of us is an attack on all of us. we are all americans in this fight. we might disagree on issues but at the end of the day we are all on the same team. >> i am so proud of him. he is a hero. i'm just really proud to be -- i'm proud to serve the people. i saw a lot of brave people within our group the other day. everybody did something to help the other one. it was a moment that probably three or four generations will share together that won't go away. i would like to say this game needs to be played today. if we didn't play this today we would give in to people who don't want us to have the freedom. i hope today begins healing.

we bow down to the verbiage a little bit in congress and around the country. >> you hope that is a lasting change from this that people can disagree and think about atoning. >> we can agree to disagree. that's what debate's about. we need to turn the tone down a little bit. maybe this is the day that gets it going. >> it's an honor. >> i hope you recover quickly. >> in the aftermath of the shooting the president called for unity. that was yesterday. today team trump sent out an e-mail asking supporters to sign a petition. here it is. they sparked protests in the street, refused to approve the white house nominees, destroyed our healthcare system, used the

media to spee vicious rhetoric against the president. and it goes on from there. in the aftermath of the shooting mark sanford says the president is at least partly to blame for the vicious rhetoric. first here is what he said earlier today. >> i would argue that the president at least is partially to blame for demons unleashed whether what i saw at a senior center back home and people saying fu to each other or with what happened not with what happened yesterday but the fact that you have the top guy saying i wish i could hit you in the face. if not why don't you and i will pay the legal fees, that's izar. we ought to call it as such. >> congressman sanford joins us now. it has to make you feel good to see so many people in the stands here tonight. >> it gives you goose bumps. i have never seen it as filled as it is tonight. >> when you said that about the president being partly to blame

for the demons that have been unleashed. >> and i want to be clear, i didn't blame him for the shooting that took place yesterday. what i said was we have gotten to a point in terms of break down civility in our country that it is a problem and that everybody is to blame and the blame on the republican side, democratic side. when the president says to somebody in the audience i wish i could hit you in the face if not why don't you do it and i will pay your legal fees that is a problem. we ought to call each other whether in church or business or civic we ought to call each other on are we being human to each other in the way that we relate. to have an open and civil society you have to have a civil debate. you saw that at a senior center people using expletives against each other. that is a new development. >> i have been around politics for 20 years. i have never seen this kind of energy before. and these are people that would be playing croquet together the

next day. they know each other yet they were using certain expletives that don't fit. i called somebody on it. that is when they said to me if the guy at the top could say anything to anybody at any time why can't i say what i want? i said that is not the way we relate to each other. >> how do things change? even today among the calls for toning down the rhetoric, you would one congressman pointing to president obama for the shooting, and nancy pelosia making very tough comments about republicans today. >> i think we do it one person to one person. i hope that tonight's game serves as an inflection point saying let's support these players and let the stands help a number of charities and standing for steve scalise in the hospital but in the larger theme of we have to dial this thing back.

i think it begins at the neighborhood level. everybody has their own spirit of interest. you have influence in here and i think with those that we can influence whether or family and friends, those we work with, that's the place to start. >> if it doesn't -- if there is not real change do you worry about this escalating? >> i do because to have an open and free society there has to be a degree of civility in the way that we relate to one another to have real debates. if we are impugning motives to others you can't really get to the debate on the ideas themselves. >> i talked to general hayden a couple of weeks ago and he talked about civilization which he feels is being stripped away. we like to think it is so entrenched, that it can never happen.

whether you have gone overseas that veneer is there and it is important for individuals, it's not just respecting institutions but respecting each other. >> so history is filled with all kinds of examples that remind us of how thin that line is between complete unrest and break down of civil society and that which it stands for and institutions that are strong. so it's incumbent upon everyone of us in the body of politics to do our part. it is incumbent upon you to do your part. we like to relay blame to media and folks in politics. there are hundreds of millions of people in the country. the way we relate to one another as i saw there in that senior center as i never saw before, is it's important we look at how we are relating to folks in our own backyard and how we are using social media. >> appreciate you being with us. coming up we will get an update on the condition of congressman steve scalise who remains hospitalized after the shooting. tonight the baseball game he was

practicing for has gone on as planned. a huge turnout raising a lot of money. that and more after a quick break.

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