so here's our breaking news. the trump justice department seized records from apple for data from the accounts of democrats on the house intel committee, including congressman adam schiff and eric swalwell. as prosecutors investigated leaks of classified information. i spoke with congressman swalwell just a few minutes ago. >> i was notified by apple that they did seize my records. it's wrong. this is what they do.

they smear and try to clear. we've seen this through justice department by donald trump, whether it was the reason he was impeached for trying to go after vice president biden at the time, or just other efforts you this the mueller investigation. i support chairman schiff's call for an inspector general report. to not only this conduct but other conduct corrupt by donald trump and those who work for him. also a group of bipartisan ten senators announcing they have reached an agreement on an infrastructure deal. the white house wants to take a look at i. and president joe biden meet with key allies at the g-7 meeting ahead of his crucial summit next week with russian president vladimir putin. so there's a lot to get to. i want to get to this bombshell breaking news with ow two senior legal analysts, laura coates, both former federal prosecutors. good evening, boy, oh, boy, here we go.

this is what cnn is learning. that the fbi sought meta data on more than 100 accounts, one request for data in 2018. the dmp oj went after democratic lawmakers, their aides, their family members, and you say this is a massive abuse of power. put it into context, please. >> it really is. it is just a staggering abuse of prosecutorial powers. when you work at the justice department as laura did, as i did, you are given enormous power. enormous discretion. the depths that doj sunk to here are not just a disgrace but alarming. doj used its prosecutorial investigative subpoena power to pull private phone records, we learned a few weeks ago of members of the media and now we're learning of perceived political enemies of the opposite party of the president. bill barr enabled this. he broughtt

point in many, many years and it is a shame for the doj. >> when investigators hit a dead end, no evidence of leaks, they talked about closing the inquiry. bill barr revived the investigation. why do that if there is no evidence? >> it is ironic that the person appointed by a man who said there were witch hunts against him then tried to initiate them against others and go on fishing expeditions with the hopes of having some result to, i guess, confirm the suspicions of a paranoid person. why this is so egregious, when the department of justice walks into a courtroom, they have the automatic credibility and rapport with judges across this country. there is a great deal of deference extended to a federal prosecutor. why? they believe there is honor and integrity. when it became the department and justice llp. they're not intended to be the private contracting attorneys

for one particular person. they're supposed to think about the long term implications of what it is like to go into a court and ask a judge to not only get these records, to have the subpoena but then have a gag order and do the opposite of transparency. this reminds you when you have kids, you tell your kids to clean a room. they have a clean area and you open a closet and everything is falling out. i suspect this is the tip of the iceberg. we have no way to know what else will be uncovered. if this is the start within the first six months, i hope with your new book coming out, you have time for one more chapter on what has happened to the department of justice. >> you may have to update and revise that book. this is really stunning. the doj secured a gag order on apple which was renewed three times so lawmakers didn't know that they were even being investigated. would this have been a judge or a grand jury? at this point our understanding

is they went to a grand jury subpoena. >> yeah. so aple step that's would have had to have been complied with here. it would have had to have been approved within the highest levels of the justice department. they have their policies on the books but those policies are only as good as the people end forcing they will. otherwise they're as valuable as the paper they're written on. they would have had to approve not only the subpoena but going to a judge and saying, we need a gag order. meaning we need a court order telling apple and the other provider you can't tell anybody about this. you can't tell adam schiff about this. you can't tell eric swalwell about this until a certain time in the future. what that does is it makes this a completely one-sided fight. it doesn't allow adam schiff or eric swalwell to contest the subpoenas to try to stand up for their own rights. and by the time we're learning about this in june of 2021, donald trump is long gone. bill barr is long gone.

that doesn't mean they're out of harm's way. congress has a job. they need to subpoena these people and bring them in and get answers from them. >> so apple had to comply, right? because of the court order? >> yes. >> they had to comply. >> yes, correct. >> another question. so the executive branch was trying to investigate the legislative branch, multiple members of congress, and now we need to know a lot more, correct? ely? >> yes. look. there is a couple entities. doj has an inspector general. that inspector general needs to do an investigation and congress needs to do an investigation, as i'm sure laura is familiar with. they need to get answers as well. >> i was going to say, absolutely. just to give it full circle. rebel this prior administration was so vehemently opposed to the notion of privacy interests being implicated that were not factually predicated. that was with the fisa courts

about intruding on the privacy rights of individual citizens in this country. now we have the department of justice as you talked about earlier. it is very much projecting what they were complaining about in other contexts now happening. this is part of the attack on the free press. they're trying to identify in part the sources to figure out who the leaks were. it doesn't appear to be it right now. it was because they thought there was some violation of the law. instead, that there was a violation of being able to disclose information they did not want to get out. they didn't have the national security implication. we're waiting to find that out, of course. but here we're only learning now that it concluded back in may. we have no idea how many different iterations of the investigation took place. what else might come out. the investigation is crucial for transparency. but again, you're also talking about what will attorney general merrick garland do now? he has largely inherited all of these dilemmas. what he does moving forward will be the clear distinction between

what happened under barr and trump and what will happen to the department of justice under garland and under the administration of president biden. >> this makes, this is interesting, considering what has transpired this week. and your feeling on how merrick garland has conducted himself when by actually going into court and allowing the lawsuit, at least, defending the former president against that lawsuit. you think that it will be interesting to see how merrick garland responds to this particular information. >> yeah, it will be so important to see that. merrick garland has not impressed me or you this week. i think he has shown a passivity in correcting some of the abuses under bill barr. but this one, he needs to get this right. look. to his credit, they took steps on the media and reporters' records. they need to do the same thing. the administration doj needs to

take a direct stand that we will not intrude on the privacy rights of members of congress unless there is a grey and imminent national emergency. merrick garland needs to step up and handle this appropriately. >> do you think that will happen? do you think we'll see merrick garland act on this? >> i think he must. i think he must. this is with what he has been criticized this week. having the long term implications of the institutions of the department of justice and the accountability or the protection for public officials generally. a lot of what we saw with the decision to continue to and the defense against the defamation case, it seems the reason they thought to do so was they wanted to ensure as long as someone was acting in the scope of their public employment as an official, they would be protected from suits or any sort of allegations such as this. that would be consistent with trying to ensure the protection of adam schiff or eric swalwell

or barbara starr. people doing things within the realm of their public duties in the case of elected officials to perform their obligations. if they won't protect against these privacy violations or against other acts against them. that would be inconsistent and have to answer to that. >> thank you both. the new book is out, hatchet man. and you can look for it in stores or wherever you buy books. i want to bring in now congressman. the scope of what the justice department was trying to do is astounding. in addition to chairman schiff, congressman swalwell told me last hour that his records were seized. do you know how many other members got their data seized? >> i don't. what we do know is that apparently bill barr, i guess, reinstituted his investigation

of house committee members. democrats after he came into office in 2019, i believe. >> so clarify if the committee knows that more than two members or just schiff and swalwell? >> i don't know. and i have not heard any more information. at this point, we need a full investigation. it has to be transparent. obviously, there has to be a doj inspector general investigation at the least. it should have started right away, if it hasn't already. and then probably, they're going to be calls for an investigation on the part of congress perhaps in a classified setting. the second thing is people have to be held accountable. specially for violation of potential laws that were broken. third, we have to prevent this from happening again.

we have to put up guardrails. >> can you talk about how you feel about the egregiousness of this particular incident? >> this is unprecedented. outside of corruption cases involving certain members of the congress in the past, or specific cases. a few years ago there was a senate staffer who was convicted of leaking certain important national security secrets. i have not heard of anything like this. i think this goes to show that we knew that trump was politicizing the doj but now we know he was weaponizing it against his political enemies. if they were really interested potentially in hikes from the house intelligence committee, they would have perhaps looked into records of people on both sides. but no.

they only chose democrats. but there are a number of other disturbing questions that come up. how could this grand jury process have allowed for this type of investigation of a co-equal branch of government? and the second question is, does doj have too much discretion to prosecute? this is long been a question for many. and i think this one shows you the extent to which they can go and in the process, abuse their power. >> you said that the justice department, the name of this investigation and what they were allowed to get. they were able to get these gag orders in their investigations into reporters, and members of congress. how are they able to get such restrictive orders like that? >> honestly, i don't know. i don't understand -- one of the questions that has crossed my mind is, with regard to apple, how they were able to institute these gag orders with regard to

the investigation of members of congress. and how long that time ryan has elapsed before they would be informed of the investigation. it is just completely egregious. i think a lot of people have explaining to do, including at least four members of the doj who are still there today working for merrick garland, don. they worked for bill barr and pursued this investigation. they have a lot of explaining to do, including this gentleman, mr. ben, who was a gang prosecutor brought in from jg by bill barr to basically investigate house democrats on the intelligence committee. >> thank you, congressman. i appreciate your time. >> we've got a lot more to come on the breaking news. the trump doj took extraordinary step of seizing records from apple, targeting democrats on

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so we are back now with our breaking news. it is huge. the trump doj spaenled apple for data from the accounts of democrats on the house intel committee including congressman adam schiff and eric swalwell. i want to you listen to then president trump. this is in february 2020. he accuses congressman schiff of leaking information about russia's efforts to interfere in the 2020 election. here it is. >> frankly, i think it is disgraceful and i think it was leaks from the intelligence committee, the house version, i think they leaked it. i think probably schiff leaked it. schiff leaked it in my opinion. he shouldn't be leaking things like that. they ought to stop the leaguing from the intelligence committee. if they don't stop it, i can't

imagine people won't go after them and find out what's happening. >> so i want to bring in now senior political analyst john avalon and cnn commentator, amanda carpenter. so there you go. he just said it. good evening to both of you. he just said it. >> yeah. not complicated. he just said it out loud as he often did. we see this is an administration corrupt to its core because tone comes from the top. people folded on democratic norms, trying announce this one man's paranoid world of power. >> have you ever seen anything like this that is out of bounds? i've been asking people to put this into perspective. john? how does this rank? how do you categorize this? what is this? >> this makes nixon look like minor league ball. people need to understand this. part of what donald trump does,

part of what all leaders of his style try to do is normalize behavior that is fundamentally abnormal. remember when he was asked whether putin was a killer, he said everyone is a killer. it's the normalization of extreme behavior. and there's this attitude some people might hear this news and say other administrations have gone after political opponents with open-ended fishing expeditions through the department of justice. not like this. not to this extent. when he talked about journal. is being enemies of the people, deep onlizing democrats in congress doing their jobs to investigate him. he followed through with his administration through fear and people followed it. we need to strengthen our democracy fast. the spumings too many people made is that you would have people of character at the top. that's not always the case. >> well, we knew he wasn't a person of character when he ran.

>> yeah. but the checks and balances the founders put in place didn't hold this time. not sufficient. we got through this. we have to strengthen these grails fundamentally and fast. what is coming out is how dangerously close we came to being upended. >> amanda, you look very calm but i know you. this is coming after we learned the trump doj was going after reporters at cnn, "the new york times," the "washington post." it seem like a full-on attack on trump's enemies played out completely in the dark. >> they can say it was about leaks. i think any reasonable person knows that adam schiff was clearly one of donald trump's political targets. and here's what i think happened. donald trump always said, people thought it would be michael cohen. it was bill barr. this is a trumpian pattern.

this is what he does. he calls for investigations to manufacture dirt on his political enemies to smear them. that's what birtherism was about. what the ukraine investigation was about. it is what these ongoing fraud-its in arizona are about. it will be coming to a swing state near you. bill barr is a bad figure in this administration. his first act as attorney general was to mischaracterize the findings of the mueller report. he will fully defended the clearing of protesters in lafayette square, and he help these mail-in conspiracies in the fall. and even out the door with his resignation letter, he promised donald trump your election integrity concerns will be fully addressed. he is a very bad actor. i do hope, i understand that the doj is reluctant to get into politics but there does need to

be a housecleaning. it can be done in a dignified way. it was clearly not on the up and up. >> let me ask you this, amanda. the center, what i really want to know is how much more can people take? how much more will they continue to support? the conversation we were having at the top of the 10:00 show. okay, they want a change agent. i'll give him that. that was his perspective. and people may have believed that. is this the challenge they wanted? someone who investigates their political enemies? i believe it was exploiting the worst of human nature. not a change agent. so how many more will people take? >> i listened to that. it was interesting. i don't think a lot of people

voted for this in 2016 when they voted for trump. they had no idea that could have been coming. what has worked among the hard core republican base, that does the fundraising and get out the votes, political vengeance. that's what these voting restrictions are about. vengeance for the 2020 election. because donald trump could never admit that he lost the election. so just doubling do you mean and contact grievance and retribution. that's motivating the right right now. >> so chairman schiff wants an investigation. how do you think the doj should proceed? they've been pretty pragmatic so far. not seeking retribution. they really haven't gone hard against the former president. how should they proceed? >> by the book.

enforce the law. what the administration is doing is what needs to be done. it never should have been politicized in the first place. it clearly was. at the same time there needs to be accountability for this behavior. that's the only way many people learned their lesson. so the laws need to be ee guilt prosecuted. we need strengthen the grails of our democracy. democratic crook is as bad as the republican crook. that's something the justice department neds to enforce gunmen. they need to go back and investigate everything they did before. this is just the tip of the iceberg. >> real quick before you go. more to come, do you know? >> yes. >> amanda? >> always. not just this front but many more fronts. and other major departments. >> thank you both. i appreciate it. >> less than two weeks. starting off with whether one of

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the top five candidates for new york's democratic mayoral primary taking the stage, to the stage tonight in the final debate before early voting starts. less than two weeks to election day, they're battling it out. here's cnn alexandra field. >> do you believe mr. adams lives in the city? >> in the search for mayor, eric adams again under fire over his home address. >> i live in brooklyn.

>> his rivals piling on, following questions raised earlier this week over whether adams lives in the basement apartment of a brooklyn townhouse he owns or with his partner in new jersey. >> only time i go to new jersey is by accident. >> is this a where's waldo home? >> we've been on dozens of forums together and i've never seen that basement apartment in my life. i think the other candidates would agree. we have seen the new jersey background. >> adams turning the attack back on andrew yang for leaving the city and heading to his hudson valley home during the pandemic. >> i don't live there. i live in brooklyn. >> as mayor, yang pledging he won't leave the city during his first term. >> new yorkers will be sick of me. they'll be like, yang, go away. i'll be here all the time trying to solve problems and get our city working again for us and our families. >> all the candidates on stage saying they've worked toward a more effective relationship with governor andrew cuomo when asked about the notoriously icy one

between him and mayor bill de blasio. >> we all saw how the toxic relationship hurt us during the height of the pandemic. >> having served in the senior cabinet of city hall, i've actually done this. >> i can work with anyone who will help us deliver for the people of new york. >> that propertying the city controller to come back this pointed attack. >> i just wanted to say to andrew, your approach, this is not how albany works. it is not enough to say we'll all be friends. we need a mayor with experience. >> the state needs the city. the city needs the state. >> this is de blasio 2.0. >> he's the opposite of what i just describe. >> at this city's department commissioner largely staying away from the fray, arguing she's the one who can clean up the city. >> i'm the person who can deliver on impossible problems. >> while yang took another swipe at adams questioning his tough on crime stance.

>> you're concerned about crime. i used to be a cop 20 years ago. i should be mayor. when eric talked on some audiences, he said the comes love him. to other audiences, they can't stand him. >> no one on the stage can say they've put their lives on the line to save new yorkers. no one else can do that. i can say that. >> each of the candidates asked about a key issue, the future of policing. >> will you take guns away from the nypd? >> i am not prepared to make that decision in a debate. >> civil rights attorney maya wily appeared to solidify her place as the most progressive candidate on stage. the only one who didn't commit to keeping police armed. cnn, new york. >> thank you. i appreciate that. >> i want to bring in now political commentator, thank you for joining. overall, what is the state of the wacky race after the debate? >> it is more or less as it was,

don. meaning you've got a bunch of candidates with experience in government. you have andrew yang who has never served in government and they're each appealing to different constituents and they're trying to stitch together some type of coalition to get them over the top. we're within hours of when voting starts. the real problem for most of the candidates other than eric adams is that crime and public safety are the number one issue for voters. we've polled this as spectrum news and it came back very solidly. dealing with public safety. the fact eric adams was a cop for 22 years works very heavily in his favor. the other candidates are trying to find a way to take some of the shine off that or knock him off that pedestal or bring up nonissues about where he spends his evening.

it has really been a tough road. >> they went right at him about where he lives and in the city or not. does that resonate? does that stick? november, no. everybody has some kind of crazy arrangement. here's what we know for sure. the fact is that eric adams owns several apartments. he has one in new jersey. a couple in brooklyn. he has the ability to go from one place to the other. he spent a lot of the pandemic sleeping in his office. we brought in the cameras. i interviewed him from there and made a big show of being on call and being on duty as if he was a cop again back at the precinct. being on duty 24 hours a day. and so again, you know, all this stuff was known for weeks, if not months. for the candidates to bring it up and try to make a big issue of it in the final days before voting starts is again, a sign

that he's been pretty consistently ahead in the polls. he has a connection to an issue that we know the voters care about. and they've got to try to find a way to disqualify him or change the subject. >> i'm glad you said that. i'm glad you pointed it on. i had eric on last night and they said new yorkers need someone tough on crime right now. you hear from people, what do you mean by that? we don't want people tough on crime. overall crime is down. if you live in the city, you know what's up, right? so on the other side, you have maya wily who says new yorkers want fewer cops. she's the only one who wouldn't give an answer. she has a lot of big endorsements from the progressive wing of the party like alexandria ocasio cortez. do you think her take crime is what most new yorkers want? >> well, no.

our polling shows that's not at all when most new yorkers want. in fact, something close to three quarters of the people we spoke to, more cops. it is debatable about whether, people who are homeless, a person with a gun is not necessarily the right way to deal with those particular challenges. but people are cheer. they want a solution. they want to make this problem go away. you can have violence interrupters and increasing the general wage level so people have more money and there will deal with it. but right now, people want to get to and from working.

i woke up and the lyrics were that someone had to cost the street. i have the books behind me about underlying causes of crime. you want your family. you want your co-workers to be safe. in the end, that is very much what this race for mayor has turned into. >> i agree. and listen, i know people who have lived here for decades. i have friends who have been attacked or mugged on the streets. it has never happened to them except for within the last year or so. and that's real. thank you. i appreciate it. >> you got it. thanks. an arkansas woman suing after a traffic stop ended in her car flipping over. and she's a pregnant woman. that's next.

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senator lindsey graham, one of the republicans negotiating a bill to policing reforms saying democrats have gotten off track after saying he was optimistic a few days ago. one of his democratic counter parts corey booker pushing back saying both sides are working out their differences. that as we are learning an arkansas woman is suing a state trooper for allowing her car to flip during a traffic stop when she was pregnant. the incident caught on video.

amber walker has more. >> reporter: a traffic stop in arkansas turning dangerous in minutes. the driver janice harmer was allegedly speeding in a 70-mile-an-hour zone in pulaski county when state trooper rodney dunn activated his emergency lights. you can see from his dash cam video, harper turning on her blinkers, slowing down and moving into the right travel lane. then dunn appears to bump her suv, causing her to lose control. harper's car flipped over. you can their distress in her voice telling the trooper she's pregnant. >> i'm pregnant. >> you have to pull over. >> last month, harper who was two months pregnant at the time of the wreck sued the arkansas state trooper, his supervisor and the director of the arkansas state police calling dunn's pit

maneuver a reckless attempt to engage in conduct that created substantial risk of physical injury to her. the lawsuit also points out what the dash cam video appears to show. there were no exits or shoulder for harmer to safely exit the highway before defendant dunn negligencely maneuvered a pit maneuver two minutes after dunn initiated his overheadlights. >> why didn't you stop? >> and it appears harper acted in accordance with the arkansas driver license guide. it instructs drivers to activate their turn signal or emergency flashers when stopped by police to indicate they're seeking a safe place to stop and pull over to the right side of the road. arkansas state police declined to comment on the case to cnn because of the pending lawsuit. harper's lawyers tell cnn that she was injured during that encounter last summer and had to seek medical treatment for it.

but she did deliver a healthy baby this past february. now, according to the lawsuit, she is seeking at least $100,000 in damages. and don, cnn did reach out to trooper dunn. we are still waiting to hear back. >> thank you so much. i appreciate. that i want to bring in captain ron johnson with the missouri state highway patrol. captain, good evening to you. i mean, it's outrageous. it looks like she followed the rules. harper is calling the trooper's actions reckless and negligent. he said that she was fleeing. what do you see in that video? >> well, i definitely don't see fleeing. we don't see shoulder for her to pull over. her trying to find a safer place was making it safer not only for her but for the officer, also. >> yeah. i don't understand that at all. whenever, if there is an occasion where i am pulled over,

i try to go to a safer place. i don't like pulling over on the side of a highway. i try to go to an exit. many people do that. that's not so unusual, is it? >> it's not. we've instructed citizens to find a safe place for themselves. and as we know through the country, traffic stops create the biggest risk for officers. so it is good for both sides when we can find a safe place. it looked like she was slowing down. she had her flashers on. there's nothing there that would say she was trying to elude or flee. >> so walk me through what exactly this pit maneuver is. it tans for mobilization technique. how is it both to be used? >> well, it should be used to spin out a vehicle. we really saw it come into play in california. having a lot of high-speed pursuits. they were using it there to make a vehicle spin out. and you have to do it in a safe

manner. you should be in a safe location. and it is not to cause crashes. it is to stop the behavior. >> according to a "washington post" investigation, at least 30 people have died and hundreds more injured since 2016 from police using this maneuver. we don't know the total number of people killed. police departments aren't really required to keep track. should police even be using the pit maneuver at this point? >> well, we've seen it used in some effective ways. it has to be used and proper trained. we've seen it used that were not proper. when it is used and proper, there are circumstances that it provides safety to the public. but you know, we see it used throughout the country and we have to make sure that the training is correct before we begin to use that kind of maneuver. >> captain johnson, thank you. i appreciate your expertise and your time. >> thank you. >> we'll be right back.

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i want to make sure you know a new season of my podcast "silence is not an option" is out right now. we are digging tdeep into the realities of being black and brown in america. in this episode, i am talking to cnn's abby phillip about the teenager who refused to give up her seat on a bus before rosa parks did. listen. >> why wasn't it claudette? i think it was potentially a lot of things. i think the nature of her arrest

is part of it. i think, her age was a big part of it, as well. i think, her class was part of it. she was, you know, a poor, young woman. you know, she even mentioned to me the tone of her skin. she was a darker-skinned black woman. >> you can find it anywhere you listen to podcasts. and thanks for watching, everyone. our coverage continues. tonight, i'll be eating a pork banh mi with extra jalapeños. [doorbell rings] thanks, baby. yeah, we 'bout to get spicy for this virtual date. spicy like them pajama pants? well, the top half of me looks good. no wonder we still single. hello lenny28. wait a minute, i know a lenny28. ooo...lenny is cute! can i get some privacy, please?

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two big stories breaking, tonight. john berman here in for anderson. one is on the question of kids and covid vaccines. namely, whether to grant emergency-use authorization for

children under 12 just yet. that's what an fda panel is discussing, and today, the talk was contentious. at least 314 children have died of covid but one panel member is counseling caution. he joins us tonight, shortly, along with our own dr. sanjay gupta. the other, breaking story, is a deal on infrastructure and just what to make of it. in a nutshell, $578 billion in new money over present spending and no tax hikes to pay for it. it is the product of a bipartisan group of senate negotiators. how fragile bipartisan anything can be in washington, there is reason to be skeptical about what happens next. so joining us now, cnn chief political correspondent, dana bash. host of cnn's state of the union. dana, you have been working the phones, and i understand you have some brand-new details on the group of senators involved. what kind of compromise they reached and how big it is. >> well, you know, we -- we