see them, especially in these very important times. his spokesman came out and said, these are the most important drills the country is going to have this year. that's why the president wants to be there. >> thank you very much. that's it for me. erin burnett out front starts right now. breaking news, the cnn exclusive, breaking at this moment many federal investigators wiretapped the former trump campaign chairman paul manafort before and after the election. what did they learn? trump's legal team talking about the investigation out loud. as a nearby reporter took notes on that whole thing. hurricane maria roaring across the atlantic, could the united states be about to be hit by another monster hurricane?

let's go out front. welcome to our viewers in the united states and around the world. out front tonight, breaking news, manafort under surveillance, cnn has learned that investigators wiretapped former trump campaign chairman paul manafort under secret court order before and after the 2016 election. that surveillance continued into this year, including a period when manafort wasn't working for the campaign, but was known to talk with president donald trump. pamela brown and evan perez broke this story. so much to ask all of you as this breaks. >> what are you learning fon the? >> the fbi got permission from the surveillance court to monitor paul manafort before and after the election, now, this is an extraordinary step for the fbi to do surveillance on a high

ranking campaign person. other sources told us this intelligence was not conclusive enough, robert mueller's team had been provided all of these communications, erin. >> when you say encouraging, man in a for the encouraging russians to help with the campaign. obviously, the weight of everything is on that word encouraging, what do you mean by it? >> right, there's a lot we don't know about exactly what was said, this is beyond just wiretaps, it's also surveillance of all kinds, including searches that the fbi is authorized to do. we're told the fbi has communications between suspected russian operative, relaying what they claimed were discussions with manafort as well as communications involving manafo manafort, none of this has amounted to what people consider a smoking gun in this investigation. there's still more work being

done to determine whether there's a criminal violation here. we didn't get a comment from paul manafort's spokesman. he denied he ever knowingly communicated with russian intelligence operatives during the election. >> so pamela, you're reporting here in a paul manafort has been monitors not once but twice? >> that's right, erin. our team has told that the secret order began after manafort became the subject of an fbi investigation in 2014 many we previously reported that for ukraine's former ruling party. the surveillance was discontinued at some point last year for lack of evidence according to one of the sources. and then the fbi restarted the surveillance after obtaining a new warrant that extended at least into early this year. the sources say the second warrant was part of the fbi's efforts to investigate ties between trump campaign associates and suspected russian

operatives. it's unclear when that new warrant started. we've learned that earlier this year, the fbi conducted a search of the storage facility belonging to paul manafort. as you'll recall under robert mueller's direction. the fbi raided his home in virginia. >> of course we knew that. we didn't know he had a storage facility until this hour, and we didn't know they raided it. that's significant. do you know whether president trump spoke to manafort while he was under surveillance? that could be crucial. >> they were still talking early this year, well after the campaign, and it is it a time that we've learned the fbi was listening to manafort's phone calls, it is possible those phone conversations were

collected during surveillance as they were listening to them. that we don't have a specific answer for, but it is possible, erin. >> which is a crucial point. and, of course, the president had said vocally that he was wiretapped and he meant that to mean not just phones, but all kinds of surveillance, was he right? >> not exactly. the justice department has spoken out about this. they deny the president's own lines were wiretapped. it's possible he was picked up on manafort's surveillance, manafort has a residence in trump tower, it's not clear if the fbi did surveillance on manafort at trump tower. >> what does this mean for the mueller investigation he's in possession of this wiretap. it's been the most visible

investigation under robert mueller, the special council started in may. we know there is a raid on his storage facility before robert mueller took over, then you have that raid this past july it's unclear if those stemmed from any of the intelligence that was gathered under the face is a warrant, it's clear that investigators are still very interested into paul manafort, under the direction of robert mueller, erin. >> a couple questions here, manafort for some time with all of this focus has been careful in what he says and how he communicates. what is the significance that they were able to get this crucial face is a warrant to do it. >> we don't know exactly when the time line of this surveillance whether it has ended, whether it's continuing to this day, the fact that they were able to get a face is a warrant is a big deal. this has to get approval from the highest levels of the justice department and the nib

before agents can carry this out. you almost never find out that these warrants are authorized, erin, the other thing is, you have to present proof or suspicions that someone is acting as an agents of a foreign power. all of this goes into the paperwork that the judges have to prove. >> obviously very intrusive work, and not easy to get. thank you very much. and now, gloria borger. this is a big thing. this is not an easy thing to get. to be able to do this on a u.s. citizen. what does this tell you abouted u.s. citizen. >> it tells you that they believed that they had real

reason to reinstitute surveillance of paul manafort, whether it was conversations about paul manafort, whatever they were hearing on their pre-existing surveillance, they thought it was important enough to go to a fisa court to say, we need to start listening in to paul manafort's conversations again they don't -- as evan was pointing out, this isn't done willie nilly here, this goes before a court, it has to be proved. there has to be a real good reason for them to believe that they need to do it. the second thing that just sort of jumping out at me about this reporting, is that, of course, now we have the possibility of the fact that the president of the united states, who continued to talk to paul manafort i'm told until maybe march, that his conversations may well have been

recorded as president with manafort, if manafort was being sur veiled at that moment that's something we haven't considered up until this point. and these could be, of course, completely innocent conversations about -- how is your day going. but this is the first time we've really heard about that. >> so obviously, that is hugely significant. if this was going on before and after the election, somewhere, president trump's going to be on it, it's going to be what we find. it could be innocuous. but he could be there. you're talking about how hard it is to get this, i think it's important for people to understand, you don't just walk in with a sheet of paper and say, can i have this. this has to be signed off by who at the top level. how much documentation would they have had needed to prove this. >> i have seen wiretap affidavits run into the hundreds of pages.

it reflects a good amount of investigation, there is a legal standard they have to meet they go through review at the highest levels of the fbi and the department of justice. they're signed by the director of the fbi and the attorney general. if paul manafort were a named intercept interceptee. was he an incidental target or otherwise, i request guarantee you it went to the attorney general level for review and approval. >> this is actually really crucial what you just said. the reason why is because of this, let me give a moment to explain. we remember those tweets on march 4th, for anyone who's just joining us. just found out obama had my

wires tapped. how low has president obama gone to tap my phones during the sacred election process. bad [ or sick guy ] he was derided for this, is he somehow vindicated? >> no, i think what we're seeing is president trump, he distorts the facts, creates a smoke screen tries to twist the facts in a way that will only be beneficial to him. his phones were not tapped. we don't know if his conversations were picked up on the intercept with paul manafort, they could have, but we don't know that yet. if they were, they weren't directed at him specifically. however, if there was discussion where president trump acknowledged what paul manafort is alleged to have done. he's in a lot of trouble. >> let me ask you, this is what people are going to wonder

about, you take those tweets from the president, and you take what you just said, this would have been signed off on the highest levels of the department of justice and the fbi. jim comey was asked directly about whether trump's tweets were true, he said he had no information that supports those tweets and then the justice department submitted a court filing. both fbi and nsd confirmed they have records related to wiretaps. technically that may be true, but is it misleading if they knew that there was a wiretap of the campaign chairman for donald trump? >> yeah, this is an interesting question, most people have a basic rudimentary understanding of the term wiretap, and it's a term of art, you have to name

every possible interceptee in your affidavit and application, whether it's a criminal wiretap or fisa. it becomes an important distinction, who is the target of the wiretap, and what device is the target of the wiretapper or the interception. you could generically say that the president was wiretapped if he was intercepted. i could see that -- the basic citizen would look at it that way. it's a very important distinction as to whether he was incidentally intercepted. that happens all the time. >> gloria and chris, again, drawing that distinction, if this is what the president was referring to, he is going to claim victory. >> well, you know, the president's phone wasn't tapped. >> but his conversations were picked up. >> we don't know. >> what we do know is that they,

the fbi felt strongly enough about paul manafort and his interactions vis-a-vis this russia investigation that they felt the need to reinstate a wiretap that they had ended a while ago. because there were things that clearly came to their attention that they felt warranted a lot of investigation. as you're investigating the question of collusion. the russia hack into the election and the rest of it. this story makes mr. manafort look like more of a central figure in this. you can't draw any conclusions, you do know they were interested. >> you do know they were interested, the contents are in the possession of robert mueller.

they would have had to have had an incredible amount of documentation to get this. things just smell funny, it was based on real bona fide information. thanks very much to all three of you. next, we continue our coverage of this breaking news, donald trump not the only one talking about the election, still, hillary clinton now today, guess what. she's open to questioning the legitimacy of the results. trump's legal team have a public discussion about the russia investigation. who took this picture? a reporter sitting at the next table. he is my guest, he heard it all. we're tracking hurricane maria on an incredibly destructive path at this hour. a storm expert will tell us what is so different about this one.

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it's time to unleash your secret weapon. it's there, right under your nose. get to your best smile up to 50% faster. visit invisalign.com to get started today. welcome back to out front as we're following the breaking news. paul manafort, president interrupt's former campaign chairman was wiretapped before and after the election. it happened under a secret court order and continued into this year, including a period when manafort was known to talk to the president. three sources say some of the intelligence collected includes communications that caused concern. manafort incouraged russians to help with the campaign. two of those sources warned that the evidence is not conclusive. out front now, jeff americaly. i appreciate your time.

>> you're welcome. >> we know that bob mueller has details of these communications that were intercepted. this is phone communications, e-mails, any sort of communications that paul manafort would have had. how significant do you think this is? >> it's going to depend on what is on those inninger septembers, if those include the boss said, make sure the russians weigh-in in a timely fashion, that's going to be a very big deal. if these intercepts are, he's checking in with different folks, it may not have much impact at all, we know there was enough concern to get the first wiretap. there was enough concern to go back and get a second permission for a wiretap. we know the fbi has broken into his home in appropriate legal fashion and taken all the records. >> the former assistant fbi director for the criminal investigative division told us it could have been hundreds of

pages of evidence had to be presented. >> the president tweeted on march 4th, you remember, terrible, just found out obama had my wires tapped in trump tower just before the victory. the tap we're finding out about is paul manafort who did have a residence in trump tower at that time jim comey would have known about this, is our understanding. he testified to congress he has into information that supports those tweets. you would have had to have all the way to the department of justice, someone sign off on this request. they said earlier this month, they had no records as explained by the president. do you think the president in some way, had a point here in his original tweet? >> not that we know of, and certainly have jeff sessions report to the public that there was nothing to this claim,

nothing to these tweets, that's pretty conclusive information, i think if the president had been caught in an intercept, it's likely jeff sessions would have had much more of a caveated description in weighing in on those tweets. >> if the president had been picked up, paul manafort being the one wiretapped, we know he had conversations with the president. your interpretation is given how definitively they said that tweet was not true. you do not believe a presidential conversation with paul manafort was picked up? >> yes, yes, jeff sessions would have absolutely weighed in. >> you know, obviously, donald trump is obsessed with this election, and its legitimacy. hillary clinton also appears to be obsessed with it as well. she said something today that shocked me. she told npr that she would not rule out contesting the

election, if russian collusion is proven by robert mueller. here's how she put it. >> would you completely rule out questioning the legitimacy of this election, if we learn that the russian interference in the election is even deeper than we know now? >> no, i would not. >> you're not going to rule it out? >> no, i wouldn't rule it out. >> so, i mean, that's pretty incredible, right? that she would do that. is that destabilizing in anyway? there are a lot of people in this country who are angry and could seize that. >> if it involves more russian -- well, plotting and so forth, we already know how deeply involved they were, if the information is about treasonous contact at the highest levels of the trump campaign, that raises a whole different level of concern about the legitimacy of the election. so you're saying treasonous activity, not just if the russians themselves tried to

interfere? in other words, if they did something to mess with vote tally, that wouldn't be acceptable for her to question in your mind, it would be if trump campaign officials had included? >> that's correct. >> that's a clear distinction. thank you for your time. next, the president's lawyers talking about the russia probe, and complaining about the white house council in public. the reporter who overheard that conversation. hurricane macri ya just upgraded to a category 4. there are warnings at this hoyer, could it slam an area and wipe it off the map? so they're used by no one else but you. it is... the cloud. the ibm cloud. the cloud that's built for your business. designed for your data. secure to the core. the ibm cloud is the cloud for enterprise. yours.

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new tonight, president trump's lawyers caught slamming their colleagues and dishing about the russia investigation at a popular washington restaurant. the new york times reporter was there just a few feet away, having lunch with another source. took this picture of white house attorney ty cobb. in a moment, i'm going to speak with ken about this lunch. first, tom foreman is out front with more, on what is a questionable track record for the president's attorneys. >> chatting in a crowded restaurant may be risky for any lawyers. when you represent the president and a new york times reporter is close enough to listen and snap pictures, well, it's just another example of how president trump's legal dream team is sometimes hijacking headlines and not in a good way.

>> fake news. >> but there have been stumbles. >> this attorney denying that the president helped craft a statement read by his son. >> no, that was written by donald trump jr. in consultation with his lawyer. >> the president okayed the statement? >> they're incorrect. >> the white house later contradicted that statement. saying yes, the president did weigh-in. john dowd according to the new york times, forwarded a message defending the president's statements about the violence between white supremacists and counter protesters in charlottesville. >> i think there's blame on both sides. >> the message said, in part, the black lives matter movement has been totally infiltrated by terrorist groups. ty cobb sparred with a reporter

who released an e-mail who asked if she was on drugs. mark ssowitz has left the team, but this summer, he got this response. f you, how dare you send me an e-mail like that. >> perhaps that overheard meeting in the restaurant is not so surprising. the former attorney general for virginia says. >> this is really really below the standards of any lawyer. this should never have happened, and it's something we're talked to about and taught about as budding lawyers all the way back in law school. >> does any of this mean these lawyers cannot effectively represent the president? no, of course not but it does mean when michael cohen meets with members of the senate tomorrow, he could meet with

more thorny questions than he expects. erin? out front now, ken vogel. a reporter for the new york times who heard president trump's attorney discussing the investigation. ken, let me start with you you're at a stake house, set the scene, did you see ty cobb before you sat down? did they sit down next to you? >> we actually, my source and i were seated before they came in we had probably been there for a half hour, my source points over my shoulder and says, hey, isn't that that guy? he's not the most inconspicuous fellow in the world, yes, it is him. we continued our lunch and throughout the conversation with the source, i'm kind of half

leaning in trying to hear the conversation at the table next to me. my source kindly sort of excused himself, i said, you know, i'm going to hang out here and have a few more iced tea's, i hung out for another half hour, 45 minutes as they continued this conversation. >>. >> okay, so you're sitting there, if someone's sitting alone, you have an awareness, is that person listening in on your conversation, they didn't seem to have that awareness. you sent out the picture of them having lunch you took that picture, were you trying to do it inconspicuously or they just were that oblivious? >> i think it's a combination of the two. i was not looking at them i was trying to keep my head buried in my phone. perhaps i was just surfing the

internet, as everyone does these days. the photo, i kind of tilted the camera and touch the button to trigger it inconspicuously. they showed no aware ness, if they had any kind of suspicion i was sitting there doing anything other than surfing my phone, they didn't adjust their behavior. >> no. and they're talking about internal disagreements and fights over what to do about the russian investigation. names are being tloin around, right? all of it. >> the most interesting takeaway for me, other than the tension which is linked to the disagreement officer the legal strategy was the degree to which they really laid out the debate they were having over document production and executive privilege and the degree to which they may be at odds and laying out the way that ty cobb felt which is that mored

document production would potentially help mueller shift the investigation or sort of guide mueller in his investigation away from trump because cobb feels there's nothing in these documents to hide we also were able to flesh out more from our subsequent reporting, which is that these. this document production should be done only after a very thorough review as to whether these documents should potentially be privileged. is that is something that mcgann, we understand feels cobb is not taking into account, and in so doing, he may potentially compromise the ability of the trump white house in this investigation, in future legal dealings, and maybe even future presidencies ability to assert privilege when a prosecutor is seeking documents.

you hear what this conversation is about, and it's surprising. they were so oblivious. at one point talking about jared kushner. he's taking notes, sitting alone. he took their picture. they didn't notice. is this more than just gossip? >> this is the guy that can't shoot straight. president trump has had a series of second rate lawyers. you don't go into a restaurant and start talking about your client's business. particularly if your client is the president of the united states. and you're shooting your mouth off about a various people in the white house and the restaurant the is right next to the new york times. this is crazy. >> the lawyers who are representing the president have made some questionable decisions, right? . this is not the first, to have a conversation like this in public

would be one of them, trashing the press, correcting the white house is this the result of working for a president who plays it fast and loose or is this because a lot of lawyers don't want to take on this job? which is it? >> i wouldn't want president trump as a client. he's almost a -- he came very close to confessing to obstruction of justice in in front of the russian ambassador in the oval office. he's a very difficult client to work for. and he's digging himself deeper and deeper on russia, they just keep on yakking away. >> as they are yakking away next to you, right? cobb sneaks about another white house lawyer and says, i think he's like a mcgann spy. at one point they referred to jared kushner, were you

surprised, ken at the tone, the volume, any of it? >> yeah, absolutely, i was certainly surprised that this conversation continued to get into more and more sensitive areas. i was surprised they were having the conversation in a setting where they could be easily overheard. not just by me. there are people walking by, it's literally, as richard suggested. it's right next door to the times d.c. bureau, like less than 200 feet. . not the best place to have this conversation. i was also surprised by the degree to which some of these disputes that you would imagine lawyers in this type of situation would be debating, particularly lawyers who are representing clients who while they are on the same side ostensibly may have competing comparatives. i was surprised by how personal

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breaking news tonight, a new major hurricane exploding into a dangerous category four storm. hurricane maria now heading straight for areas as you can see, the caribbean and possibly the u.s. coast right now. this is the eye of maria, a new image just released by nasa. you can get a feel for the power of this storm. you're looking at 130 miles an hour. alison is out front in the weather center. here we are, i can't believe it -- another week, another storm, what do you know about mar maria? >> your words just a minute ago, getting stronger by the minute could not be more accurate. we look at each individual loop of this storm, as 2 goes through. the eye wall is getting clearer and larger, the purple you see,

that's starting to expand. all of these signs of strengthening in the storm, as if a category 4 wasn't bad enough. winds right now, 130 miles per hour, we expect them to intensify as it pushes to the northwest. land fall is expected on or near dominica in two to three hours from now. likely to intensify even more before making its way to puerto rico, and the dominican republic. all the models are in good agreement up to puerto rico, it's up to that after they start to split. the blue is the european model. the red is the gfs, pushes it a little closer to the u.s., why is there such discrepancy between the two? it all comes back to this high pressure. the european model is banking on this mod moving, that would

cause maria to steer in a clockwise motion around it. we talked about comparisons with irma, the yellow line is irma's track, the red is maria's, it's going to start off a little further south, but end up a little further north. and this is what we talk about where they're similar, but they're going to have big differences. we also talk, we've been talking about being hit one after another after another with so many storms this season. the question is, is it rare? kind of average to date, we would have only had 8 named storms by now. we've already had 13. there's only been six other years where we've had this many named storms by this point. the season's not over yet, but we're note on a good track to finish out the rest of the season. >> yeah, looking at the dates, hoping to get to the end of october, and there's a long way

to go. the rain and winds are starting to pick up tonight. michael, i can't believe it, that we're talking about this, happening again where you are, what are conditions like? >> we've hardly finished covering the last one, which we were covering in florida and then out here in the caribbean as well. you know, it's interesting listening to alison. we're 110 miles or so from dominica where it is expected to make landfall in about 2 hours or so from now, you can see the conditions behind me. we're already getting whippedably wind and rain. the ocean behind me was royaling earlier before the sun went down. even 100 plus miles away from the eye of this storm we are getting fierce conditions here in antigua. what's independenting with the track is places like dominick

and some of the others islands are more hilly, volcanic, they're more prone to mudslides by some of the islands hit hard by irma. they're on high alert here in antigua. and we're in anguila. a lot of these places are still cleaning up, and patching up from irma, and then maria comes through, it could be disastrous for a lot of these places that still have buildings that are not secure from irma. this is the last thing they need, erin. >> thank you very much, michael. certainly is the last thing they need. the mudslides can be so devastating, with significant loss of life. next, we're going to go live to puerto rico with a meteorologist and storm chaser who has survived so many storms, been through irma, harvey and

mari maria. what is president trump's favoritery responsible to so many questions? well, jeannie moes has our answer. we'll see what happens, and we'll see what happens. >> so we'll see what happens. ♪

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hurricane maria has been upgraded, it is now a category 5. it was a 4 a couple minutes ago. you're now talking about sustained winds in 150-55-mile-per-hour range, headed for the caribbean, possibly the east coast. meteorologist has been tracking some of the strongest hurricanes ever including irma. you were there with harvey. we are now in the past few minutes reporting the storm has been upgraded to a category 5. that's going to be the strongest storm in more than 85 years to hit where you are right now. what is your biggest fear? >> reporter: we're very concerned for the entire area. there's a lot of people here, we are in the district of san juan right now and there are a lot of people still out tonight. we're hoping people are really going to heed this evacuation

order and really get their preparations finalized before this thing, you know, comes, blows, beginning late tomorrow night into the day on wednesday. category 5 is an unfathom bl storm. we just saw what a category 5 will do to an island. we saw barbuda, st. martin, those islands were devastated by irma. maria is going to pack the same punch unfortunately. >> we talked about the crisis in puerto rico with infrastructure,ky tell you, bret, we say category 5, the winds are 165 miles per hour, that's what's coming. there's nothing to slow it down. if you look at progression of storm eye just today, it starts off vague and now it is stark, clear and it is swirling. how is this storm? how is irma different than other

hurricanes you have been through before? >> reporter: this storm is all about what we call rapid inte e intensification. 24 hours ago we had a minimal hurricane, now we have one of the strongest hurricanes at the top of the scale. this is nothing to play with. irma did the same thing. this area of the atlantic with the caribbean is prime for hurricane development this year. we've seen these hushlg hurricanes spin up over the last four weeks and just go absolutely nuts in terms of intensification and strength. there absolutely is nothing to slow it down. you have perfect steering for puerto rico, you have warm sea surface temperatures and you have no sheer. those are all critical ingredients for a hurricane to maintain strength or strengthen as it moves for puerto rico. >> all right, bret thank you very much. we hope everyone heeds the

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no one else lets you do that. see how much you can save. choose by the gig or unlimited. xfinity mobile. a new kind of network designed to save you money. call, visit or go to xfinitymobile.com. new questions for president trump tonight and jeanne moss has the answer. >> when in doubt -- >> we'll see what happens and we'll see what happens. so, we'll see what happens -- >> it is the president's favorite answer. and on monday he applied it at the u.n. >> as far as north korea's concern. i think most of you know how i feel. we'll see what happens. critical from korea to russia -- >> we'll see what happens. >> from hurricanes to healthcare -- >> we'll see what happens no particular rush.

>> it's perfect to fill time when the president's in no particular rush to an or maybe he want the bill's expense. >> something could happen with respect to the paris -- we'll see what happens. >> as one twitter tweeted it's like he thinks every question is a chance for a teaser heading into every commercial break. the answer is so beloved by the president. >> we'll see what happens. we'll see what happens. >> now in a few cases we've actually seen what happened. >> we'll see what happens with mr. bennet. >> three days later, mr. ban bond went bye-bye. as for then fbi director james comey. >> i have confidence, we'll see what happens. >> comey was fired less than a month later. when the president mention seeing what happens -- >> very disappointed with the attorney general, but we will see what happens. >> be ware your job could be

eclipsed. jeanne moss, cnn, new york. >> guess we kind of did see what happened there right. jeff sessions tendered his resignation and the president said he couldn't accept it because it will make him look bad. we'll see what happens. thank for joining us. anderson starts now. the new category 5 hurricane heading strait for u.s. territory in the caribbean. we have a cnn exclusive. sources say a wiretap paul manafort before and after a secret election. joining us pamela brown who broke the story and details why the government was listening someone so close to the president. so evan, what have you learned? >> well, listen, sources tell us the president got surveillance -- before and after the election. this is a step for the