dream more, dream faster, and above all... now, i'll dream gig. now more businesses, in more places, can afford to dream gig. comcast, building america's largest gig-speed network. good evening. we begin with breaking news in the border crisis that could add insult to the ongoing injury suffered by more than 2,300 kids torn from their parents at the border. it's a problem that the president and the administration caused by choosing back in april to enforce existing border laws in a way that other presidents have not until now. that's a demonstrable fact.

no matter what you might hear from anyone in the administration. as you also know, it followed kids in holding pens, desert detention centers, kids taken hundreds or thousands of miles away from their parents, young children, toddlers even, housed in so-called tender age facilities. the president refused to take responsibility for his role in any of this, something on full display today signing an executive order barring family separation. during the ceremony he deflected blame to other presidents dating back to eisenhower for a problem a three-month old problem, that he says only he has had the courage to solve. >> it's been going on for 60 years. 60 years. nobody's taken care of it. nobody's had the political courage to take care of it. but we're going to take care of it. been going on for a long time. >> well, that's not true. his administration enacted the zero tolerance policy that caused the blow-up and hours after the signing ceremony, we are learning troubling things. about what comes next. namely cnn learned today's executive order does not call

for the reuniting of children who have so for been separated from their parents. kaitl kaitlan collins has the broking news. she jos us from the white house. what exactly is going to happen to the more than 2,300 kids in detention centers tonight? >> reporter: anderson, to put it bluntly, nothing. this executive order that the president signed in the oval office today painting it as this long-term solution is really not. it's more of a stop gap and nothing, there is no language in the text of this executive order that's about four pages or so that says anything about these children who have already been split up from these parents, these 2,300 or so that we know of children, they will not be immediately reunited with their families because their parents are going to remain in federal custody as these immigration proceedings go on. so they are not grandfathered in in way in this language that the pesident instructed today to keep these families together if they are detained while coming across the border. that doesn't apply to the people. and so, the president is painting this as a long-term

solution but officials from the department of justice, health and human services and the department of homeland security are essentially saying that these kids who have been separated from their parents won't be immediately reunited and up to the parents to talk to hhs and find a way to get back to be reunited with their children but there is no languat reunites them with their families. >> right. the justice department i understand is saying that the child separation policy might actually resume in less than three weeks. is that correct? >> reporter: that's exactly right. and that's because of this agreement that they cannot hold kids for longer than 20 days. nothing that the president signed today changes that. so unless they go to court and this ruling is overturned and they can instead hold these kids for longer than 20 days, then that's not going to change and the officials recognize that today, admitted as much saying that essentially after 20 days, it could go back to what it was before the president signed this executive order. now, anderson, the president did not have to sign an executive order to put an end to the

separation of these families on the border. that is the direct result of a policy that his attorney general enacted not that long ago so essentially all he had to do was pick up the phone in the oval office and call the attorney general to put an end to this but instead our sources told us the president wanted the seem decisive and not make it seem like quietly reversing the policy which is why he signed this executive order that frankly, anderson, seems to be a band-aid for this entire issue. >> kaitlan collins, thanks. as we said at the top some of the kids in question are in limbo aren't in all the facilities of texas. hundreds taken to places across the country and far from their parents and the border. three airlines today said they're asking the government not to put them on the flights but nonetheless, more than 200 kids have already landed at a shelter in new york's east harlem. jason carroll is there, as well. he joins us now. is there an indication of people running this facility that they've been given any kind of guidance as to what happens to

these kids now? >> reporter: well, look. in the short term, what's going to happen to these children, anderson, they're going to stay with their foster families. they will go home at night. stay with their foster families. come back to facilities like this one, the cuyahoga senter in the day. long term there's no answer, no plan in place in terms of what will happen to the 239 children and babies, some as young as 9 months old, that are being housed at this particular facility. even tonight the deputy mayor of health and human services here in new york city said her office has received no plan from the federal government in terms of what to do with these 239 children. this is an issue, a problem that's facing not just the children at facilities at this one here in new york but throughout the country. anderson? >> so how did the kids there end up there? because they crossed the southern border, which is obviously nowhere near new york. >> reporter: right, right. well, if you listen to new york city's mayor, bill deblasio, he

brings up one example. a 9-year-old. calls him eddie from honduras. he came up here on a bus. most of those children came here he says by bus, long hours on a bus. many of them arriving here with lice, bedbugs, chickenpox, he says some of the conditions that they may have received in transit on the way here. so, many of them not in great condition. many of the children suffering from the mental anguish of being separated from their parents but imagine the shock, anderson, this mayor had he expressed today, shock and anger at finding out that 239 children were here. he says his office, the city, had no idea until today that these children were even here. anderson? >> so you said that they -- they're in foster care and go back to -- at night and go back to the facility during the day or are they actually being housed at that facility? >> reporter: no. that's correct. i mean, they're housed here during the day.

they have classes. they receive care from social workers. they go home at night. with foster families that they've been placed with. that's how this facility here operates but, again, remember, there are several facilities like this one, similar facilities like this one here in new york city but i can't express enough the anger that this mayor had because he says the federal government, federal officials simply are not communicating with city officials. that is why they found out here today after this video came out showing some of these young girls being taken to this facility late at night. that's how the mayor's office got wind that there were some children here. he comes here and comes to find out it's not just some. it's 239 children that are here. and the frustration that he has is that the federal government is telling facilities like this one not to share with them how much information they have about these children, the number of children that are here at this particular facility, this facility finally agreeing to

cooperate. but can't express that enough. the anger that this mayor had finding out this many children here in his city right under his nose and they had no idea. >> jason carroll, thanks very much. appreciate it. the president acted in the face of republican paralysis of two propois propoiseed immigration bills containing language on keeping families together. the president didn't need congress to act as he demonstrated today. that, however, was quickly pushed aside by the breaking news. joining us with his take on it, senator and former presidential candidate bernie sanders. senator sanders, thank you for being with us. i'm wondering your reaction to the news of 2,300 kids separated from the parents will not be reunited with them and it's not clear when or how they will be or if. >> you know, anderson, there's almost nothing that one can say. the idea of tearing little children from the arms of their parents, putting them into

detention cages, and then making a big deal about an executive order which may do absolutely nothing for these 2,300 children is literally beyond belief. trump once again has lied. he told the american people that this was a policy created by congress, could only be addressed by congress. he was lying. of course, it was a crisis that he created and attempted to address today. but he didn't go anywhere near far enough. where we are right now is close to 2,400 kids are still separated from their parents. there is no understanding as your reporters indicated when the children will be reunited. furthermore, we have a situation where the trump administration now their solution is to provide indefinite detention. i presume for the new people who

are arrested, they will be with their children in jail for an innite period of time because the trump administration wants to undo the flores settlement which focuses on the needs of children and limits the 20 days. the number of days that children can be in jail. bottom line to all of this is that this country needs fundamental and comprehensive immigration reform. which deals with this, this issue. which deals with the daca crisis and which deals with the 10 million people undocumented in this country right now. >> the president is saying he wanted a longer-term solution, that's what he was holding out for. he obviously was blaming the democrats. do you believe this executive order was anything other than a public relations band-aid? >> look, you know, i say this often and i don't want to be misunderstood.

you know, i don't mean to be overly partisan but we have a president who lies all of the time. including on this issue. just the other day, you correct me if i'm wrong, he was saying i can't do anything about it, this is congressional action that is needed. turned out, of course, that was not true. he created the crisis. he could end the crisis. so, i think what has happened is when you have millions of americans -- my phone -- my phone lines in burlington and here in washington are bouncing off the hook. people in vermont, i know people all over this country, cannot believe in the united states of america we're putting these kids into detention camps. so there's outrage. you have laura bush talking about this action being eerily reminiscent of what happened to japanese-americans during world war ii. that is from the wife of a conservative republican president. you have the pope speaking out on this issue.

you have leaders all over the world saying what is going on in the united states of america? so i think trump had to respond to that. but clearly, he sees from his political perspective that being anti-immigrant is a winner for him politically. i don't think it is but that's his logic. and he will continue to mount a very strong anti-immigrant effort. by the way, in the midst of all of this stuff, so we don't get distracted, we had the leadership in the republican leadership in the house talking now after giving a trillion dollars in tax breaks to the top 1% coming up with a budget that would make massive cuts to the social security, medicare, and medicaid. so -- go ahead, i'm sorry. >> you talked about the flores settlement which limits how long kids can be held in detention to 20 days. is it clear to you -- i mean, the administration clearly wants to reverse that in the courts. it's not clear they're going to

be able to do that. the judges very easily could just say no, that's what the court ruling was, that court ruling is going to hold. if, in fact, they're not able to change that ruling, is it clear what happens? do the separations resume? if the court says, no, the flores settlement remains, you can't hold these kids more than 20 days, therefore, do they go back to separating them? >> you're asking a good question of which nobody knows the answer, i think. what you're suggesting is if the -- as i understand, is if the parents remain in prison, the children cannot be held for more than 20 days. you're asking what happens to those kids. >> right. >> you're right. i don't think anybody knows the answer. but it may well mean that those kids will then be separated from their parents. and here's the absurdity. i think we have a mechanism now to keep track of those families, to make sure that they get to court when they should get to court. by the way, you can do that for much lower costs to the

taxpayers than imprisoning parents and children. >> you're talking about ankle monitoring or even house arrest in some cases and -- >> right. >> a lot cheaper. >> yes, that's right. certainly, and let's not forget. i mean, the bottom line of this thing, i want everybody to appreciate the trauma. i suspect permanent trauma to a child of 3 or 4 who cannot speak english who is suddenly taken away from his or her parents, put into a private detention center surrounded by people in uniform. my god. you don't have to be a child psychologist to know that the damage that that has done and your question is a good one, we don't know what happens if the flores settlement is maintained. will trump release the parents with the children or will he keep them separated? >> in terms of what's happening in congress, where i said the administration insists of responsibility, there's a republican, republicans call a compromise bill in the house and republicans are divided on and a more narrower republican bill in

the senate. have you seen any piece of legislation that you could support that has any chance of passing both chambers? >> no. i think what the republicans, two pieces of legislation. one is bad. one is worse. and here is the irony. the irony is that the amer people overwhelmingly poll after poll after poll want comprehensive immigration reform. the american people are appalled at the separation of children from their parents. the american people want differing opinions but a majority of the american people believe we should have comprehensive immigration reform and a path to citizenship. so that is the issue that some of us in the senate have worked on and yet we're not certainly getting any support from the president who sees anti-immigration as i guess a good political strategy for him. >> is the president finally is he using this to try to get funding on the border wall? is that sort of a bottom line for him?

because clearly he felt, you know, he didn't get the funding he wanted earlier and there were obviously concerns raised by some of his supporters that he was looking weak on immigration, on illegal immigration. >> maybe. maybe. i don't know. but i think more importantly you havesident whoen tax breaks to billionaires, who wants to cut programs that working people desperately needs and he thinks as authoritarian types all over europe believe, that if you can foment anger against immigrants and show how strong and tough you are on those little children, that it will get you votes in elections. i think that's pretty pathetic but i think ultimately that is his strategy. >> senator sanders, appreciate your time. thank you. >> thank you. just ahead, two legal views on tonight's breaking stories. professors alan dershowitz and jonathan turley join us. also other breaking news, reporting on a woman claiming to have had an affair.

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tla that's what he's making now in duluth. he told a roundtable minnesota had lots of problem immigration. our senior white house correspondent, jeff zeleny, is there. has the president spoken so far about the executive order? >> reporter: anderson, he did, a few moments ago actually, president trump talked about his executive order. i can tell you if you weren't paying close attention, you almost would have missed it. president trump, of course, likes to talk about a lot of his accomplishments. he likes to talk about the economy, talked a lot about north korea. the executive order he signed today which is the biggest reversal he's done since he's been in office created the biggest consternation. he summed it up in about one sentence or so. he said today i signed an executive order to keep families together but assured this crowd the borders would remain as tough as always then he changed the subject. anderson, it's clear tonight at

least so far in this rally the president is not eager to draw attention to the executive order he signed today but i can tell you, anderson, after we've done some reporting throughout the day, one of the things that pushed him the most to change his mind was that he was losing the loyal support of his most loyal allies like senator orrin hatch. other republicans who are always with him, suddenly they weren't with him. so as the combination of that as well as the images that ivanka trump and melania trump talked to him about to urge him to change his mind and the fact they know it's bad politics heading into a midterm election, anderson. >> interesting. jeff zeleny, thanks very much. we'll continue to monitor the president's event. president trump says the signing of that executive order ending the policy of family separations at the border didn't mean an end to the administration's zero tolerance policy. as jeff mentioned. of course, that leaves a lot of questions unanswered. with me now to talk about the fallout, reverend darell scott, supporter of the president, and rick wilson, republican strategist, not a trump supporter, and author of the upcoming book, "everything trump touches dies." rick, do you believe the

executive order issued in good faith given it doesn't apply to the 2,300 kids in question? >> well, no. i think, anderson, what we have seen here is one of the greatest political defeats of this presidency so far. this was done in a panic. the president made a big bet on the program of being something that the republican base would love and embrace and his allies would get behind him on and it's a bet he lost, he lost it badly. and he got beaten like a rented mule by images of these kids being separated from their kids and he signed this in a panic today. the text of it even, the first paragraph, the first section of it, was this long sort of whine about donald trump basically being wronged here. i think this is something he did in a very quick, very panicked moment. he had convinced himself and the supporters convinced themselves inside the white house that this was going to be a big political winner and it turned out to be a big political stinker. >> reverend scott, does it make sense to you, the administration

has been saying for weeks there's nothing they can do about it, congress has to be the ones to do something about this. the president couldn't pick up a phone and reverse the policy. but then all of a sudden the president today signs this executive order and seems to do just that. even though it doesn't apply to the 2,300 kids who are right now in custody. >> first of all, the president said from day one he did not like the idea of the children being separated. so it's something he's been contemplating for so long and reply to that other part of the statement -- >> wait, that's not true. i mean, this was sold early on. general kelly was talking about this head of homeland security. >> the president said -- >> a year ago it was a deterrent. taking of kids from their parents would act as a deterrent. >> it should be a deterrent. i wouldn't put my child in harm's risk. i mean, we're absolving the parents from the actions. i don't see anyone decrying the fact that the parents putting the children at risk. however, the president said from the very beginning it's very unfortunate.

he didn't like children separated from their parents. you had crying chuck schumer saying all the president has to do is pull out an ink pen and sign the order. then when he does sign the order, you have the same ones that cried about the order being signed complaining about the order that was signed. i don't get it. >> my question is, though, how come the white house is been saying, no, no, no. the president can't just sign an order, the president can't make a phone call about this. today the president did just that. >> the order he signed apparently he can't just sign an order because the order that he signed everyone is saying it's incomplete order, that it's not enough. so, you know, he did what he could do. at this time. and we'll see what happens later on. >> rick, does that make sense to you? >> it does not, anderson. i'll tell you why. the executive order he signed today was a response to a political panic. >> no. you can't say that. >> donald trump made a very big bet -- >> reverend, i'm sorry. i didn't interrupt you. >> go ahead. >> this was a very large panic. they made a huge political bet.

steve bannon, stephen miller, the president, secretary nielsen, were all out there saying this can't be done by executive order, and they were -- and in the case of bannon and miller, were both bragging about how politically great it was for the president and how this was going to rev up the republican base and people were going to love this because it's president trump being tough on the border. and that -- the features of this plan were donald trump's design. this was something donald trump wanted. he got a program out there that deliberately separated children from their parents. young children. very young children. >> wait. >> they have to go into tender -- they have to go -- >> don't interrupt each other. rick, center. >> they have to go into tender age centers. so this was a plan that donald trump executed. it was planned out by steve bannon and stephen miller and people around him. >> no. >> i'm sorry, reverend, you can't deny this. this is a truth and facts and the history of what happened.

>> this has been going on for decades. >> okay, reverend scott, okay, okay. >> this is going on for decades. it began with them showing the fake photographs of children in cages that were placed in cages under the obama administration. it's simply a talking point. it's a deflection because of the success -- >> reverend, if it was wrong then, then it's wrong now. >> okay. but if it was wrong then, you should have cried about it then like you're crying about it now. >> i did. >> waited until trump got in office. you're trying to use it as a political maneuver simply to have something -- >> reverend -- >> need to be careful about. >> hold on. >> let reverend scott -- let me ask you -- reverend scott, let me just ask you -- >> a political panic with donald trump, he doesn't panic. >> yes, there is. >> he doesn't panic. doesn't panic. >> reverend scott -- rhett let t ask you a question. you support, i assume, what the president did today. you're a big supporter of the president and i assume you support what he did today. do you believe separating the kids from their parents is a humane thing to do? >> listen. >> just -- >> let me answer. separating children from

law-breaking parents is a standard operating procedure in the black community. i've had family members that have had month-old babies separated from them for breaking laws. we see that all the time in the black community. lawbreakers who break the law and have a child in their custody when that law is broken, the kids are taken into custody. taken into child services or whatever. so this outrage here is something new to me because once again in the black community we see this all the time. now, the question is, what should be done with the children when they're apprehended? do i put them in jail with the parent? do i let them walk down the street by themselves? what do i do? so that's what the real question is but something has to be done. the parents -- >> those aren't the only -- reverend -- >> they know they're breaking the laws and they're bringing their children with them in the commission of the crime. what do you do when you apprehend a parent with the child? >> reverend, what past administrations have done, republican and democratic, is -- >> lock them in cages. >> no. actually release them and ask them to come back to courts and 75% of them would. >> come on now.

if that's the case -- listen. it's hard to get people to -- speeding tickets to come court. you think you're going do catch somebody committing a crime and let them go and tell them to come back to court and they're quoi going to come back? >> according to statistic the, reverend, 75% of them would. >> what statistics? where are you getting this from? >> the ones that are -- >> listen. you can't -- >> -- put out by the justice department. >> okay. what you're telling me is this. trying to sneak into the country illegally. >> you asked what statistics. the ones put out by the department of justice. >> anderson, you sneak into this country illegally. and you get -- >> ignoring that? >> they let you loose in this country illegally and take you on your good faith word to show up to court. to do what? get deported? come on now. >> i'm telling you the k department of justice -- you can say come on now, all you want. the department of justice says 75% return. >> 75% of the ones that they're aware of. you can't tell me -- i don't believe that. department of justice is wrong then.

>> okay. reverend scott, rick wilson, appreciate it. thanks very much. coming up next, more reaction to the president's executive order and the fine print that could contain, i mean it this time, professors dershowitz and turley. we'll be right back. >> and even more important -- (man 1) i read that the saguaro can live to be two hundred years old. (woman) how old do you think that one is? (man 1) my guess would be, about... (man 2) i'd say about two hundred. (man 1) yeah... (burke) gives houseplant a whole new meaning. and we covered it. talk to farmers. we know a thing or two because we've seen a thing or two. ♪ we are farmers. bum-pa-dum, bum-bum-bum-bum ♪ you want things done right. that's why we test all of our paints and stains for months. or even years. we dedicate 175,000 square feet

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may do nothing at all for the 2,300 kids separated under the policy the order is supposed to reverse. perspective from harvard law school's alan dershowitz and george washington university's jonathan turley. professor dershowitz, the fact that the order doesn't help more than 2,300 kids separated from their families, does it seem to the administration the president's actually thought out this policy? >> i don't know. i know he should be saying three things. there are three absolutes. number one, no separation of parents and children. number two, no due tension of any child more than 20 days. and number three, immediate reunification. who are now not unified. those are the three -- you know -- should instruct -- work within those three -- >> professor dershowitz, we're having a hard time hearing you. we'll try to fix your microphone. we're going to go to professor turley for now. professor turley, professor dershowitz was saying about the 20 days, that goes back to the flores settlement which says

kids can't be held in detention for more than 20 days. is it clear to you from a legal standpoint if the administration can't get that court order reversed, that settle lment reversed, is it possible these kids who theoretically will be held with their families moving forward for 20 days would then be separated? >> it's absolutely a certainly. if you follow the flores consent agreement, they can only hold the kids for 20 days so you have a choice. and this is just kicking the can down the road. so you reunite the family. the clock is ticking. if it goes beyond 20 days, you either release the entire family, which is similar to the obama policy that the president wants to change or you once again separate the family and send the child into some type of custodial care. i doubt it that a judge is going to change this earlier consent

decree. i mean, this is a type of buyers remorse motion that you sometimes get from a party that says now we want to change what we agreed to. it's -- the time has passed for you to appeal that decision. so i think they're going to have a fairly hostile or certainly uncooperative response from this jdge. >> i think we have professor dershowitz again. professor, you were talking about the three things you believe should happen. do you think this really changed -- the executive order today really changes anything, and is it clear to you why the administration has for days and weeks been saying, look, only congress can do something on this then seem to reverse themselves today and suddenly the president sign ed this executive order? >> maybe that's because he listened to us last night. i mean, clearly he had the power to sign the executive order and the power to say to the justice department and to his homeland security three -- no separation, reunification. nobody stay --

as a child more than -- remember that he can claim -- he said why doesn't he get a break? >> professor dershowitz, i'm sorry. i'm sorry, we can't. we're having trouble hearing you. professor turley, i mean, it addresses the separation of families going forward or at least seems to. does it really change anything this executive order today from a legal standpoint? >> not really. there was no requirement that they separate the family. as is abundantly clear from the executive order but this doesn't change anything in a sense that you still have the binding flores agreement. and so, we're going to have this same question in 20 days. and this is what's so concerning because this is eerily reminiscent of what we saw with the travel ban where it seemed like people in the white house were stomping on the accelerator before they looked at the map. there's a lot of preparation that needs to be done when you're going to make this type

of change. now, in fairness to the trump administration, trump ran on a much more enhanced enforcement of immigration. he wants to shift the paradigm essentially from the civil proceedings to the criminal proceedings and the impact of that is that you run right into flores. now, it is also true that we did separate families before the trump administration. this is not a new problem. but when he shifted to the criminal enforcement so heavily it magnified those numbers to the point that we're dealing with today and the fact that there didn't seem to be a lot of preparation here, once again, is a certain pattern for the administration and it's baffling. >> well, even under the executive order calls on the defense department to come up with housing. it's not clear right now what sort of facilities or if there are enough facilities to house families together. >> yeah. i think that people need to

remember one thing that they -- in relying too much on flores. the flores deals with holding these kids essentially in detention or a form of incarceration. the administration could really put a wedge into that distinction by moving the kids to things like military facilities where it is essentially like home confinement. or they could use as you've mentioned earlier on the program electronic bracelets for tracking. but this issue is going to present some new elements. now, the one thing that the administration really needed and may not get is new legislation. if there's new legislation, that consent decree can be viewed as either moot or an underlying circumstances change. those are all traditional reasons for the court the look again at the consent decree. but if there's no new legislation, you have to go to the court with essentially the same legal position but you just

don't like what you agreed to earlier as the justice department. >> hmm. professor turley, appreciate it. apologies to professor dershowitz with the audio problem. with all the immigrant shelters being opened un, someone is bound is bound to be making mon. coming up, we'll tell you who it seems is right now. with tripadvisor, finding your perfect hotel at the lowest price... is as easy as dates, deals, done! simply enter your destination and dates... and see all the hotels for your stay! tripadvisor searches over 200 booking sites... to show you the lowest prices... so you can get the best deal on the right hotel for you. dates, deals, done! tripadvisor. visit tripadvisor.com

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so with all these undocumented children housed at

all these facilities across the country, who exactly is behind the construction and upkeep of many of the facilities we wondered? our senior investigative correspondent drew griffin with the details about the executive who runs one operation. >> reporter: he is suddenly at the center of the media storm surrounding the separation of migrant children from their families. that's because juan sanchez's charity, the non-profit southwest key organization, is housing half of those kids. under u.s. government contracts, sanchez and his organization provide shelter, schooling and reunification services for thousands. by most accounts, he's doing a pretty good job, and by most accounts, he's making a small fortune doing it. >> the salary is extraordinarily high for a charity. even a large charity. >> reporter: southwest key operates 83 shelters or schools or detention centers across the country. the federal government contracts in the last ten years add up to $1.5 billion.

filings in 2017, sanchez's southwest key non-profit paid him $1.47 million. doubling the $770,000 he made the year before. is that a lot? even for a nonprofit of his size, apparently, yes. >> the head of the american red cross receives a $600,000 salary. it's a multibillion dollar charity. they control half of our blood supply. lead disaster provider. you've got this charity, the budget is like a tenth of its size. not nearly the size of the responsibilities so it's -- it does appear high. >> reporter: sanchez defends the high salary, the early years were a struggle. >> when we started, we started with nothing, very low salaries, no health insurance, no 401(k)s, nothing. over time, our board had got to a point where they said we are now in a position where we can pay you a decent salary.

>> reporter: that history doesn't match with the group's own tax filings. cnn went back to 1997. where sanchez was paid nearly $130,000. nearly every year since except for two gap years showing no income. his salary has increased. that doesn't even include his wife listed as the vice president who in the latest filings made an additional $262,000. mark owens, for ten years, ran the irs department on non-profits, says compensation should be similar to what sanchez could make in the private sector. he sees nothing comparable and questions why the board of southwest key voted to approve sanchez's current compensation. >> the board can award the president a salary. the issue is going to be whether the internal revenue service or state attorney general believes that's excessive compensation. >> reporter: the bigger question, says owens, why is this private institution operating under taxpayer funded

government contracts, considered a non-profit charity in the first place? >> it's unusual to see that kind of entity be tax exempt. >> drew joins us now. southwest key says that sanchez's salary below average for a non-profit size, right? this size. >> anderson, that's what they say but they their own analysis which they sent, sanchez is third highest paid ceo of 40 charities used to compare the salary with. he is in -- his compensation i should say is only behind the director of kettering cancer center and the head of the new york museum of modern art which is why these experts we're talking to say something appears out of balance. >> drew griffin, thank you. up next, why federal prosecutors are investigating the payment of the publisher of the "national inquienquirer" wi this playmate who says she had an affair with then-citizen

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there's more breaking news tonight. "the wall street journal" is reporting that american media incorporated, publisher of "the national inquirer," has been subpoenaed. people familiar with the matter say prosecutors in the michael cohen case are investigating whether the payment for the rights to her story about a purported affair between then-candidate trump and a why do you think they squashed the story? >> back then, or now? >> now.

>> umm, they -- they didn't want to hurt him. >> you think it's because of a personal relationship with the guy who runs ami, is friends with donald trump? >> correct. >> president trump has denied an affair with mcdougal. ami has denied paying ms. mcdougal to suppress her story. according to two sources, cohen's decision to cooperate with prosecutors is, quote, a moving target and any decision would be weeks away, depending on what if any charges michael cohen will be facing. and what prosecutors are interested in cnn's jeffrey toobin joins us now. as someone who knows more than most about ami and its inner working, i wonder what you make of this latest "wall street journal" story. >> it's not surprising that law enforcement would be interested in this subject. but it is also not clear whether any crime was committed by anyone here. david pecker, who was the ceo of

american media, is a very close friend of donald trump. and when i interviewed him for "the new yorker," he was very open in saying we use "the national inquirer" to help donald trump get elected president, we were supportive of him. he was less clear on what the basis was of the $150,000 payment, because he didn't say it was a catch and kill story. he didn't say that they bought the story in order not to -- in order to suppress it, to help the trump campaign. he said they had other interests in karen mcdougal to do fitness reporting. that i think was somewhat more questionable. but whether donald trump, david pecker, michael cohen, anyone committed a crime here, is far from clear to me. >> we should say ami forcefully denies that they engage in what's called catch and kill. >> right. >> but employees there have told a different story, former employees.

>> and it's hard to see why they would have paid $150,000 to karen mcdougal for any other reason except to help donald trump, because even by "national inquirer" standards, that's a good deal of money. it was right in the middle of the presidential campaign. and they barely used her at all for any of the american media magazines. so it seems hard to imagine any other purpose for this payment, other than to suppress the story. but in fairness, david pecker says that's not why they bought it. >> if ami and michael cohen did collude or have some sort of an agreement to suppress information about the president during the campaign, what kind of trouble could they actually be in? a fine? >> i mean, it is conceivably a campaign violation in the sense that giving the money to karen

mcdougal was in effect an in-kind contribution to the trump campaign. i think that that theory is a bit of a stretch. it's very hard to imagine how that could be prosecuted criminally by anyone possibly federal election commission, some sort of fine. but i think it's important to emphasize here, we really don't know the full extent of the michael cohen investigation, why the southern district of new york got a search warrant. so i suspect this is sort of like the mueller investigation, sort of like an iceberg. three-quarters is below the surface. so i'm just very hesitant to draw any conclusions about what the southern district is actually looking at here, other than the obvious, which is potentially a campaign finance violation. >> which gets to the whole notion, i mean, all the talk about michael cohen, would he cooperate, would he flip, would he say something about the president, all of that is dependent on what he's actually charged with. >> absolutely.

and in fairness to michael cohen, as well as in fairness to donald trump, michael cohen has not been charged with any crime at all. what we do know is that the southern district of new york got a search warrant to search his offices, which means at a minimum they have probable cause to believe, a magistrate concluded that there was probable cause that evidence of a crime took place there. plus it's very unusual for u.s. attorneys to get search warrants for lawyers' offices. so it's probably something more than probable cause. but that's really just speculation on our part. and in fairness to cohen, we should point out he hasn't been charged with anything. i certainly can't point to any crime that he could be charged with at this point. >> jeff, thanks very much. up next, our breaking news on president trump's executive order. new reporting on how this actually will not impact kids

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