>> thank you. >> and to our viewers, thank you very much for watching. i'm wolf blitzer here in "the situation room." erin burnett "outfront" starts right now. ♪ ♪ "outfront" next, rudy giuliani speaks out. what he's saying about the raid on his home and office and will he turn on donald trump? his son, andrew, is my next. bodies burned, day and night. makeshift crematoriums, as the pandemic devastates india. tonight, cnn is on the ground, as the united states is scrambling to provide any help. a new witness speaks out to cnn what she saw before deputies shot and killed andrew brown, jr., in north carolina. her account is head. let's go "outfront." good evening. i'm erin burnett. "outfront" tonight, preparing for battle. federal authorities now bracing

for trump's ally and personal attorney to fight them in court for the electronic devices seized from his home and office. tonight, giuliani is speaking for the first time about the extraordinary raid. >> truth will win out. these bullies can't get me down. just can't happen. >> and in another sign that this investigation into giuliani is growing, giuliani's assistant has now been subpoenaed to appear before a grand jury. also tonight, trump's former fixer, michael cohen, who you may recall in the last extraordinary raid of this sort, saw his home and office raided by the fbi. tells cnn that believes rudy giuliani will turn on trump and privately, trump's worried. >> president trump cares about only one person. i say it all the time, he cares about only himself. so he doesn't care that they raided rudy's home. he doesn't care that they raided r rudy's law office. what is it going to do to affect

me is all that he's thinking right now. what did stupid do, what did stupid rudy write? what sort of text messages or emails, what stupid things was rudy up to that will implicate me? >> as for the former president, he is taking care to stay on giuliani's good side today. >> rudy giuliani is a great patriot. he just loves this country, and they raid his apartment? it's like so unfair and such a double standard, like i don't think anybody has ever seen before. it's very, very unfair. >> in just a moment, i'm going to speak to rudy giuliani's son, andrew, about these developments. first, though, i want to make sure you have the latest on the investigation. evan perez has been reporting on this in washington. giuliani speaking out tonight as, i know you have been hearing

federal officials are preparing for a court fight. tell me what you're learning. >> reporter: they're anticipating that giuliani and giuliani's team and perhaps even the trump team will go to court to try to fight them on what exactly they get to see from these documents that are from these devices that were seized in this raid, erin. this is standard operating procedure for the justice department. they set up a separate team to go through it to make sure they protect any attorney/client privilege material that doesn't belong with this investigation. and at this point, we talked about this last night, this is an investigation about foreign lobbying. at the center of it, of course, is this effort by giuliani working with some ukrainians to try to get dirt on the biden family. part of that effort also coincided with an effort to get rid of the ambassador there in kiev. so this is an investigation that

is probably still months long to go before we -- they make a decision on whether there's charges. but you can get between now and then, there will be more fighting, perhaps from giuliani and from the trump team on what they get to see. >> i'm sure, right? because anything criminal, anything criminal related to the warrant or not would go to prosecutors. so it would be a battle every step of the way. so joe biden today addressed questions about whether he knew anything about the raid in adv advance. here's what he said. >> i learned about that last night when the rest of the world learned about it. my word. i had no idea this was underway. it's not the role of the president to say who should be prosecuted, when they should be prosecuted, who should be not prosecuted. >> evan, is there any reason to doubt what he's saying? >> well, i think one thing that we know is, you know, white house officials were not thrilled that this raid happened on the day that the president is

delivering his big speech. it was a day centered on his agenda and instead of that, we spent hours on this and other programs talking about giuliani and the trump administration. so that's one way we know that this was not coordinated. we have no reason to believe that this was coordinated with the biden white house. >> evan, thank you very much. evan has been breaking all of this. thank you so much, evan. as promised now, i want to go to andrew giuliani, rudy giuliani's son. andrew, i appreciate your taking the time. so let me just start here, obviously federal investigation into your father. it's obviously serious. it escalated into execution of a warrant, which is an extraordinary and rare thing. you heard evan say it could take months for them to make a charging decision. how concerned are you that your father could be charged? >> i'm not concerned at all, because i think this is a continued politicalization of the justice department. i should say the corruption of the justice department. the fact that there's privileged material of a former president

of the united states and his lawyer there, and they now have access on it is very scary. i think any mesh, american, whe you're red or blue, if you believe in the red, white, and blue, you should be scared of what's going on here. >> the thing is, to get the warrant that they got, as you know, andrew, takes a lot, right? you have to have -- >> who signed the warrant, erin? >> the justice department, and a federal judge. >> the judge, who appointed the judge? >> so you -- >> president barack obama. >> you think a judge is corrupt because of who appointed them? >> there has been a tradition, since eric holder became the attorney general, we have seen the justice department continually get politicized. what i have seen now is an obama appointed judge signed this warrant where no other judge would sign it. you're going to see tonight how absurd this is. >> you have proof that no other judge would sign the warrant? >> i don't have any proof, but do you have proof any other

judge would sign it? >> i do have faith in our system, i trust the trump judges who turned down effort after effort by your father and the president to overturn election results in states across the country, many trump appointed judges. >> i read over 200 affidavits, that's all i said about that. the truth is, i'm shocked that the fbi would do this, when my father and bob costello, his lawyer, were cooperating with them. why would they do this at a time when john kerry, questions going on about him? why would they do it? >> let me ask you, because this is important. >> yes. >> they go through this information that they have, and i understand, you're going to fight them every step of the way. but just so people understand, the warrant is about a specific thing, registering as a foreign lobbyist. however, anything they find that could be criminal in their search of these electronic communications, there is no crime that is protected by attorney/client privilege to. a crime would go to prosecutors. so this is opening pandora's

box, right? >> is there -- i mean, basically i think what you're trying to allude to is, are there any crimes that my father may have committed -- >> are you worried about that? you may not each know. i'm not presuming you know everything your father did or didn't do. >> when i think of rudy giuliani, i think of one of the greatest new yorkers in the history of our country, our state, our city. this is the greatest mayor in the history of new york. the reason new york is somewhat safe right now is because of rudy giuliani's policies. he's also the greatest u.s. attorney in the history of the southern district. so if you're asking me if rudy giuliani is a man of integrity, i say yes. >> let me ask you about that u.s. attorney's office that you mentioned. that very office that he led is now investigating him. so those are people that worked for him, they have found grounds to investigate. what has his reaction been to that? >> i think it's the same thing i said at the top of the showy, this is a continued corruption

of the justice department. i believe the justice department should be independent of politics. when the justice department treats people who related in any capacity to donald trump than they're related to a president obama or joe biden, we see major issues right there. all of the cases that have come from the justice department have been on republicans. what about james clamer? what about john brennan? i know they come on your station a lot. why didn't the justice department look into their lies? >>ly just make one point here that is important. the hunter biden investigation is ongoing, being led by an attorney appointed by president trump. you said only republicans. so i'm just making a point that the current president's son is being investigated. and nobody has tried to stop it and being investigated by someone appointed by your father. that is an important point to make. >> so it's a good point, and i think it is great in terms of what i want to talk about.

so the fbi did come into my father's house yesterday morning and they wanted devices. they took two phones an an ipad. they didn't take a lap pop, and that was hunter biden's laptop. why did they not take that? because if they knew if there was an investigation going on. does that not tell you that the justice department is corrupt? >> no. i will say it's an active investigation. i don't think you can compare one investigation to the other. that's a false premise. >> if that's the case, why wouldn't you want material that would help that investigation? >> again, it's an ongoing investigation. i don't know what they're going to do or not. >> you would ignore it? [ overlapping speakers ] >> it's active. it is active and there's information that's correct help solve the investigation. [ overlapping speakers ] >> let me ask you something

important about your claims of political motivation. joe biden was asked today whether he had any heads up -- let me play more of what he said for you, andrew. >> okay. >> i made a pledge i would not interfere in any way, order, or try to stop any investigation the justice department had underway. i learned about that last night when the rest of the world learned about it. my word. i had no idea this was underway. >> do you have any reason to not take him at his word, andrew? >> the same guy who plagiarized his speech in 1988? yes, i do. i don't trust his word. >> okay. i'll just make the point again that his son is under investigation and he's done nothing to stop it. >> so you don't think he has the motive to actually intervene in that investigation if his son is

under investigation? >> he may, but he hasn't done it. >> the motive is -- and i know -- >> this conversation is about your father, there are two separate things. >> so you brought up joe biden. >> i brought it up very specifically. >> and i think it has been politicized. so do i trust that joe biden gave a seven-second media clip and that his word is good on it? no, i don't. i look at the history of his word and how he's lied. i didn't trust also that he didn't know what hunter biden was doing in other parts of the world when he was vice president. that's my opinion on it. i think a lot of americans feel the same way i do. >> let me ask you about the situation your father in from michael cohen said. he was trump's personal attorney before your father. he served time for things that he did while working for the former president. when he was at the trump work.

and he predicts your father would flip of trump. let me play it for you. >> i think rudy knows he has trouble. i think donald understands that rudy will provide whatever information that he has to the sdny, because rudy has no interest in going to prison and spending the golden years of his life behind bars. that i'm certain of. >> so would you father turn on trump to protect himself? >> i can't believe i'm answering something from michael cohen. no, i mean, he has -- there is -- i don't know how to respond to this, because it's a theoretical. you know, my father represented the father in good faith, and i don't -- you know, this is all theoretical. if there was something that illegal that happened, there's not illegal that happened. >> even on the registering as a foreign lobbyist, i've made the point that anything else they find they could bring.

but on that alone, a warrant was for. you could have at least -- up to five years in prison. that's five years in prison for that charge that they have a warrant for alone. so if your dad is looking, if they're able to charge, the investigation is whether they charge, five years in prison? or tell me a few more details about the former president. >> well, what i would say is, i do wonder if hunter biden is going to be charged with the allegations that are out there against him. so in terms of that, that's where i wonder. i'm very confident that my dad did everything, everything that he did on up the and up. so that's where i'll leave it there. i trust him. i trust his relationship with the president. and i know he's a man of integrity when it comes to his representation of the 45th president of the united states. >> so let me ask you about one other point, because your father has talked about his activities in ukraine, which are at the center of this investigation. he talked about whether, you

know, trump would turn on him to protect himself. here's what your dad said in 2019. >> i say things like, he's going to throw me under the bus, right? when they say that, i say he isn't, but i have insurance. >> i know he later claimed about that specific comment he was being sarcastic. but we looked it up, and he has talked about having insurance other times. we found at least two. so was this more of a joke? this is -- it almost sounded like i was joking but sending a message. what do you make of it? >> i think he has state farm, bhu but i'm not sure. i don't know what he was saying at that point, but i know he is a sarcastic guy. i know you interviewed him before and you can attest to that. i'm sure that was a joke in some capacity, and some of his jokes land, and like other people, some of his jokes don't. >> so there's been a lot of speculation about your future.

and what your plans are politically. so what will you say? are you now planning to take on cuomo to run for governor of new york? >> i'm certainly considering it. i'm disturbed what's happened to our great state. new york is one of two states that is going to lose population over the last ten years, along with illinois. and i was down in florida, erin, helping the former president get settled in down there. i have to tell you, that intangible feeling we used to feel in new york exists in florida. i really miss that in new york. and i think what we need is, we need a reason, incentive, to bring new yorkers back. so what i would say is i'm closer to yes than ever. i'll make a decision in the next couple of weeks. >> you mentioned meeting with president trump. you were down there last weekend before this raid on your father. did you talk about the governor, did he talk about annen doersment? >> we talked about a whole array of things. we did talk about the governor's

race, we talked about a lot of house and senate races coming up in 2022 and a whole bunch of things. he's been an adviser and a friend to me for over 25 years. so i've gotten questions on other networks about whether i would run away from president trump and would that be politically the right thing to do? well, the first thing i would say, i'm proud of the four years i worked with president trump in the white house. and i will -- i will -- i always admire -- i always love our relationship, put it that way. >> thank you very much, andrew. i appreciate your time. >> erin, thank you very much for the time. >> andrew giuliani there. i want to go now to preet bharara. you heard andrew giuliani trying to say that the judicial system is corrupt, the southern district is corrupt. and to try to say look at hunter

biden. why is that all so wrong? >> as an initial matter, i don't begrudge andrew giuliani's love and support for his father and wanting to defend his father. i would hope that my children would defend me if i was under hard times. so you have to take that with a grain of salt. rl know rudy giuliani knows better than anyone, when people are targets and subjects and dependants, the people around them will accuse you of things. i sat in a courtroom once, during the trial of an elected official in new york. and the spouse of that initial said audibly to a lot of people in the courtroom, i hope you burn in hell. so that's the kind of rhetoric you can expect to folks close to those in jeopardy. multiple times when you asked questions about his father specifically, he began talking

about hunter biden or lots of other things. the other thing he alluded to here and made a comment about earlier that i thy he wanted to strike fear in the hearts of red blooded americans is that if this can happen to the lawyer of the former president of the united states, it can happen to anybody, as if that's alarming. that to me is a clarion call of what makes our democracy great. no one is above the law. just because you were the former lawyer to the former president, if you commit acts that fall within the prohibition of the law, you can be held accountable. so i took the reverse message from his statement. >> michael cohen obviously is making this claim that giuliani would turn on president trump, and i made the point to andrew giuliani that whatever else they may or may not find, if they find enough to charge him on this lobbying registration alone, that could be up to five years for rudy giuliani. so rudy giuliani is looking at five years or maybe some more

information about his friend and former boss. do you think michael cohen is right, that rudy giuliani could sell out donald trump? >> you know, i don't know. that's a question of psychology about a person who has -- seems to have changed a lot since the years that he was a united states attorney. people keep talking about this invasive search of a lawyer's home. rudy giuliani was a u.s. attorney for a number of years. i guarantee you that he oversaw the searches under proper circumstances of lawyers' offices. it depends on a lot of things whether he will tell the whole truth, if and when he's ever charged. he may not be. >> right. >> and it depends on his level of loyalty that's a hard thing to predict. >> what do you think this all means for donald trump? >> for donald trump, i mean, look, the first step is what does it mean for rudy giuliani? i guess it means something significant for donald trump if as you say the speculation is

that he would flip and there's a charge against donald trump. that's a couple of bank shots away. i think the important question is what does it mean for rudy giuliani? there are people whose offices get searched and they are never charged and that haps. t -- that happens. i will say that the combination of circumstances here, that includes the delicate nature of the investigation -- -- it's easy to say for him to say this is politics because he

hasn't read the affidavit. we haven't read the affidavit, so people can talk trash now if they want. the good news for rudy giuliani is we have a justice system in which all this can be debated and rebutted and defended in court. and so we'll see. >> right. the very justice system they're calling corrupt is what will give them the certainty and the facts, of course. thank you very much, preet. >> thanks, erin. next. bodies are burning, thousands dying every day. we'll take you to india, where the coronavirus is taking --a terrible toll. joe biden is in georgia tonight selling his massive economic plan. this as signs are pointing to a major economic boone post covid. are we about to hit the roaring '20s? and federal authorities are planning to charge derek chauvin and the three other former officers involved in george floyd's death with federal civil rights violations.

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hundreds of bodies burning in crematoriums, hospitals on the verge of collapse, the daily death toll from covid in india is nothing short of staggering. and now the first flights carrying u.s. emergency supplies to india are on the way. cases soaring, deaths, too. and a variant that has taken hold there is spreading beyond india's borders. all of this forcing india to deal with death at every turn.

we have a report from new delhi. i want to warn you, what you are about to see is disturbing and graphic. >> reporter: i'm joining you from the crematorium here, and i have to say it's been a long and miserable day. in this area alone, right now, burning or nearly burnt out are the pyres of nearly 50 people. they dealt with 150 bodies here. the latest figures show in this town of new delhi, about 600 are being burned every day. we suspect that may be a significant underestimate. in this location, the death have to join a cue. i'm standing next to the body, the most recently arrived body, recently deceased of covid. people are looking after the deceased have to take a ticket like you would in the offices of a bank or to see a doctor in the

west. this ticket means that the dead join a cue before they can end up on a pyre and see their last rites. in very few cases, erin, have we been able to talk to family members, because they were reluctant to come here. they may be suffering from covid. or they're not allowed in. as a consequence, they're being burned by workers here, people being paid by the body, effectively. they're very reluctant beneficiaries of this pandemic, which is now ripping across some of the most populated states. but at the same time, erin, we're seeing the collapse of the vaccination campaign. in one of the most populous states, they were planning to vaccinate some 800,000 people a day. they've had to downgrade that to some 200,000 people a day, and close a number of the vaccination clinics because the country is not producing domestically enough vaccine for local use. but they are, or have been until

recently, exporting it internationally. i spoke to the man who lit that pyre there for a friend of his whose family was not able to attend, and he said that he blamed the government squarely, modi, the bjp ultranationalist hindu party for allowing what we have seen mass gatherings of hindu, particularly at the celebrations on the banks of the ganges, many millions there, attending rallies for bjp, none of them socially isolating. so the estimate here, it's very unlikely that the official figures are close easter to the numbers of people known to be infected, or indeed to those who die. what we do know is the intensities of these fires, just like the fires of the pandemic, is going to rip on through india. airen? >> sam, thank you so much. as i said, that's disturbing.

and you think about all these people dying, and as sam is talking about there, people are reduced to putting the bodies on the pyres and he's standing amidst the smoke of dead people. it is horrific. we're going to take a break. when we come back, joe biden today trying to turn the conversation to the economy and his massive economic plan. how does it compare to other presidents? are these fdr comparisons fair or not? and protestors again taking to the streets as a new witness to andrew brown jr.'s death comes forward and speaks to our jason car carroll. >> he started backing up and they started shooting.

(text chime) (text chime) (text chime) (sighs) (text chime) (chuckles) (text chime) it's the biggest week in television. watchathon week is your chance to finally watch shows you missed for free. now you get to talk about them with your friends, no matter what time it is. say "watchathon" into your voice remote and watch for free tonight, joe biden selling his economic plan to a crowd in georgia. touting the historic nature of his $6 trillion domestic agenda. >> it's a once in a generation investment in america. it's the biggest jobs plan in this country since world war ii.

>> this as new numbers "today" show the economy is booming, going by 6.4% growth in the first quarter of the year. that is a stunning number. it's like double what you could do in a good ordinary year. kaitlan collins is "outfront" in georgia. biden signed the covid bill in march. first quarter growth is baked in. so this incredible growth that we're talking about was already in the can. but biden is using this momentum to make his case for more spending. >> reporter: yeah. and i think it's going to raise some questions as we are seeing this debate is going to play out on capitol hill of what the size and the scope of this needs to be. and if lawmakers agree with joe biden and what he laid out last night. we heard republican opposition, that's not surprising to us or to the white house.

but you are hearing from people like senator joe manchin, saying they have questions how big joe biden is trying to go. but he is reasoning that, not in washington, but on the road today here in georgia for this first stop. he's going to pennsylvania tomorrow. he's got several more stops planned for next week, because what they're focusing on is selling it as -- i heard you talking about this transformational moment. they view it that way, but he sees an opening given the pandemic and given the economic disaster that followed that, see thing is a spot where they can succeed in getting a plan like this through with what he envisions. whether or not that happens still remains to be seen. how do american voters feel about this? we saw the polling on the coronavirus relief bill. that relief bill paired with the infrastructure bill and paired with the american families plan is about $6 trillion in spending. that's a whole lot of spending. so i think that is going to be a massive question facing them.

but the way joe biden was trying to sell it here tonight, and what we are hearing from officials is to look back at the past year and not only making sure that you get back to where they were before that, but changing the way that people were living before that, and really changing the government's role in the education, in child care, and in paid family leave. of course, how that ends up, it is still far from certain. >> kaitlan, thank you very much. as always. and kaitlan in duluth, georgia, where the president was speaking. i want to bring in now historian doris kearns goodwin. so doris, a lot of people have been surprised how bold biden's agenda is. $6 trillion is 30% of our entire economy. this is not small change. this is massive, and it is transformational. "the wall street journal" said americans found the trump presidency warying, his word. he said they voted for biden

because he was a return to normality. not because they wanted a transformational president on the level of fdr. so what changed for joe biden once he won, once he got in office? >> i think what changed for him is the pandemic and the economic fallout, and the fact that he was facing a crisis that changed the country. it changed our view of leadership and changed biden himself. i think the reason why fdr gets talked about a lot is it's really the last time that the country felt this enormous fear and anxiety that we have lived with for the last year, and hungered for leadership. and when he provided that leadership, he said the government headline said, the government still lives. we have a leader. and it was a sense of responsibility on the government's part to the people that lasted until another transformational leader came along, ronald reagan, in 1981. another joint session of congress, his first speech, and he said government is the problem, not the solution. and a generation of conservatives followed. massive tax cuts, reduced

federal spending. now biden is coming back. it's the kaleidoscope turns again to say it's time for government to not have the trickle down theory, but instead to be responsible for the social being of the country. >> it's like the pendulum swings one way, and then it swings the other. now, when you consider the scope of what joe biden wants to do, $6 trillion and counting, to transform the economy, again, people do throw away -- or throw around these comparisons to fdr. but when you look at it across all of american history, how does biden stack up with past presidents? >> well, in terms of the scope of the proseproposals, probably new deal, but in terms whether that gets realized, that's what the next 100 days will determine. the permanent changes that happened from the new deal, social security, minimum wage, the tba, infrastructure,

medicare, medicaid, immigration reform, whether those land mark bills will become law is what we will see in the next 100 days. the question is whether it will measure in terms of accomplishment. >> so during his address to congress, biden laid out what he thinks is the key challenge of our century. and it boils down to this, whether whether a demock a si and compete and win. >> autocrats think that democracy can't compete in the 21st century, because it takes too long to get consensus. the mob that assaulted the capitol is proof that the sun is setting on american democracy. but they're wrong. we know it. but we have to prove them wrong. >> of course, doris, there is somewhat of an irony in that, because he said he will pass

this agenda without a single republican if that's what it takes. he's saying this crucial democracy point as that's happening. i bring that context in, because this is what i wonder about. how much weaker do you think our dem democracy is now than at other times in american history? >> you know, the interesting thing is, that in 1942, in february, when the war was at a really low ebb, fdr gave a speech reminisce snt of biden. they were saying in the world that demock a sis can't compete with dictatorships because they can't get the people to unite and work and fight. roosevelt said tell that to the marines and our production people. what happened is, within a year, american democracy was able to produce a plane every four

minutes, a tank every seven minutes. a ship every single day. and to use those supplies for the entire world. and our soul of democracy, biden said, that would be a great ending for all this. >> thank you very much, dor else. -- dordoris. >> thank you for having me. next, joe biden responding to senator tim scott's remarks about racism in america. and new details on the arrest warrant deputies were serving andrew brown, jr., when he was shot and killed. kills 99.9% of bacteria and viruses. advanced non-small cell lung cancer can change everything. but your first treatment could be a chemo-free combination of two immunotherapies that works differently. it could mean a chance to live longer. opdivo plus yervoy is for adults newly diagnosed with non-small cell lung cancer that has spread, tests positive for pd-l1

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tonight, joe biden says the american people are not racist. this was in response to a question about republican senator tim scott's address last night to the nation. here he is. >> he said among other things, america isn't racist. is it? >> no, i don't think the american people are racist. i think after 400 years, african-americans have been left in the position where they are so far behind the eight ball in terms of education, health, in terms of opportunity. i think the overhang from all of the jim crow and before that slavery have had a cost and we have to deal with it. >> so this comes as local media reports say the justice

department is moving forward with plans to charge derek chauvin and three other former minneapolis police officers with federal civil rights violations in connection with dwgeorge floyd's death. omar jiminez is "outfront." tell me what this all means. >> reporter: that's right, erin. so to start, the justice department plans to ask a grand jury to indict derek chauvin on federal charges of civil rights violations, along with the three other former minneapolis police officers tied to george floyd's death. that's according to local reporting, the star tribune citing a source and the tribune also says that prosecutors intend to include a violent 2017 arrest by chauvin of a 14-year-old, where he -- where chauvin and a partner officer responded to a domestic assault call, and there seemed to be a struggle. chauvin struck this 14-year-old multiple times with his flashlight, and then put his

knee on this teenager's neck until he eventually went unconscious. and that's according to documents filed by state prosecutors. now, that teenager eventually had to be taken to the hospital in 2017. but according to those same documents, the teenager said throughout the struggle, "i can't breathe" while that knee was on the neck and the mother was yelling to get off of him. that's one that state prosecutors w57b89edwanted to in the derek chauvin trial that just wrapped but the judge denied that. we did have some idea that this could happen on the federal side. we knew the justice department was investigating george floyd's death. the chief medical examiner that testified during the chauvin trial testified that he had also testified in front of a federal grand jury already, along with being interviewed by the u.s. attorney's office, and if this federal case moves forward as it appears to be, we could be heading toward another trial. i should note, the justice

department has not officially commented on this. we did reach out to all four attorneys representing the relevant officers tied to george floyd's death. none of them got back except for one, the attorney representing j. alexander king, but say he's not going to comment. >> omar, thank you very much. next, we're hearing from a new witness to andrew brown, jr.'s shooting death. what does she say happened? and a new look at cnn's new original series, "the story of late night." >> lath night, you can have as much fun as you want. because children aren't watching. i feel something in me, like a fire, that's just growing. i feel kinder, when nature is so kind to me. much fun as you want. because children aren't watching. e night, you can have much fun as you want. because children aren't watching.

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so we have some new details about what led to the deadly shooting of andrew brown jr. in north carolina. we've just learned that deputies were serving brown an arrest warrant for possession of three grams of cocaine when he was shot and killed. this comes as one of brown's relatives who witnessed the shooting is now disputing the d.a.'s account of what happened. her account is new information. jason carroll is outfront with it. >> they pulled him out and started chest compressions.

>> reporter: she does not want us to identify her, only to say that she is one of andrew brown jr.'s relatives and lives on the same block. she says she saw the shooting unfold and has a very different account of what happened compared to what prosecutors are saying about the shooting. >> it's not what i saw. it's not what i believe. >> reporter: she took these pictures after the shooting showing the sheriff's truck parked in brown's driveway, the same truck that appears to be on this surveillance footage obtained by cnn as it sped by moments before the shooting. she says she watched in disbelief from her window after seeing sheriff's deputies in front of brown's home. >> once they jumped out the back of the truck, he started backing up and they started shooting the front windshield of his car. then he took off to go across the yard and they started shooting the back window of his car. >> reporter: during a court proceeding wednesday, the county district attorney says law enforcement opened fire only

after brown's car came in contact with them. >> the next movement of the car is forward. it is in the direction of law enforcement and makes contact with law enforcement. it is then and only then that you hear shots. >> reporter: but she disputes the d.a.'s claim. >> did you see his car come in contact? >> no. no, i did not. he started backing up -- >> no, let me stop you there. when he was backing up, could you see if he was backing up toward any officers? >> no, he was not. there were none behind him. >> reporter: she also took photos of brown's car after the shooting. this one appears to show at least one bullet hole in the front windshield. she took us to brown's driveway where candles are now arranged spelling his nickname, drew. she still remembers the last time she heard from brown, a text she received from him last wednesday at 8:20 a.m., about three minutes before the shooting. it reads simply oh, brown's way

of saying hello. >> extremely heart breaking, to have to watch and go through knowing he's one person that you can't bring back. >> so, jason, amazing that you had the chance to sort of talk about it with her. i know obviously she didn't want to show her face. i know that has this is happening, there's been a change in the status of some of the officers involved in the case. you're there. what can you tell me? >> reporter: that's true. according to the county sheriff, four of the officers that responded that day, according to what the sheriff is saying, those four officers did not actually fire their weapons. so those four officers that were on administrative leave are actually now back on active duty. the three officers who did fire their weapons, those three officers still remain out on administrative leave. erin. >> thank you very much, jason, with that new reporting. outfront next, a look tonight at

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on the nations fastest, most reliable network. for the past six decades, late night television has grown from a shot in the dark experiment to a thriving, cultural phenomenon, part of the heart of this country's pop culture. now the new cnn original series, "the story of late night" examines how late night tv not only keeps us laughing but actually shapes how we see the serious world. >> late night you can have as much fun as you want because children aren't watching. >> there really was a sense that, wow, you'd never see that from 8:00 to 11:00. >> first is what we call the push technique. it's very gentle. there's no whack right in the face. it's just a nice, easy push.

>> you look at steve allen's whole career. it was a certain subversive sensibility. it was the idea of doing things that in some sense didn't really belong on television. >> there's one more technique -- >> there's the sneaky johnny wilson technique. >> oh, i see. >> and you go -- >> all right. be sure to tubene in sunday at 9:00. thanks for joining us. it's time for anderson. and good evening. we're going to start tonight with a story that we wish we were not doing and with pictures and video we wish we had not seen. there is a lot else in the program. there are new developments in the case against rudy giuliani in the wake of yesterday's search targeting him, including what he had to say about it all just this evening. we'll also talk with cindy mccain about what's become of her republican party and what she thinks about possibly serving in the democratic president's administration. we begin, though, seemingly a world away from those things except what is happening right