good evening. today, the pentagon said capitol police have requested assistance from the d.c. national guard as fencing is expected to go up around the u.s. capitol this week. both actions security measures ahead of a right-wing rally scheduled for saturday. that's meant to protest the arrest of rioters who stormed the capitol january 6th. it's part of the legacy of the former president. spelled in disturbing detail in "peril," the forthcoming book by bob woodward and his "washington post" colleague. general milley, chairman of the joint chiefs of staff under both president biden and the former president. according to the author, general milley twice called his counterpart in china. one once, days before the election, the other, two days

after the capitol riot. both times, suggesting china believed the u.s. was preparing a an attack. their fears, according to the authors of the book, based in part on the rhetoric toward china coming from the former president. here is how the president responded. >> sir, in your opinion -- >> thank you. thank you. >> i have great confidence in general milley. >> now, according to a defense official who spoke with cnn, these calls were not done in secret without anyone else knowing. they were, according to this official, attended by 15 people including a representative from the state department. general mark milley is scheduled to testify on capitol hill later-this month. the woodward and costa book goes into further details about milley's concerns about the president possibly launching an attack. reportedly, telling his subordinates that he must directly be involved in any discussion involving military action or nuclear strike. as the book describes them, quote, if you get calls, no matter who they're from, there is a process here.

there is a procedure. no matter what you're told, you do the procedure. you do the process. and i'm a part of that procedure. it is remarkable but it's also not completely surprising. former-defense secretary james mattis in a statement, months before the election, compared trump's divisiveness to the nazi slogan of divide and conquer. and then, of course, there was general john kelly, former-cabinet secretary and chief of staff. he spoke by phone with cnn's jake tapper the day after the capitol attack, and was asked whether the cabinet should remove the president from office. >> do you support such an action? should he be removed by the cabinet? >> i think, jake, the cabinet should meet and have a discussion. >> if you were in the cabinet right now, would you vote to remove him from office? >> i -- yes, i would. >> general kelly also said in that interview that the capitol riot was a, quote, direct result of his poisoning the minds of people with the lies and the

frauds. but that poison still evident in new cnn polling released today when voters are asked whether mr. biden legitimately won enough votes for the presidency, democrats and independents overwh overwhelmingly believe he did. 97% and 64%, respectively. but take a look at republicans. only 21% said yes. 78% said no. that's what happens when you break the republican vote down further. take a look. 21% said he did win legitimately. 23% said he did not but that's based only on suspicion. but 54% of republicans believe not only did mr. biden not win the election, they believe there's solid evidence he didn't. more than half the republican voters polled still believe a lie. that's the president's legacy, as well. to quote general kelly, again, poisoning the minds of people with the lies and the frauds. joining us with some new reporting tonight is our jamie gangel. so, you have read the book. what more context can you give about general milley's calls with his china counterpart?

>> i think it's very important to know, anderson, that these calls are not unusual, despite what donald trump is saying. despite what some of his loyalists are saying. these kinds of back-channel conversations happen all the time. they were, also, as you mentioned, not done in secret. in fact, cnn reporting is now that general milley consulted with both defense secretaries. back in october, that would have been defense secretary esper, who wanted this call made. and then, with acting defense secretary chris miller in january. there were 15 people. there were translators. there were notes given. a state department representative was there. as one former-national security official said to me, this is someone who is a republican, general milley never went rogue. donald trump went rogue when he

tried to overturn the election. >> i understand you have new details from the october 30th call? >> so, i think what's important here is some of this has been taken out of context. people have not read the book, yet. and when you see the details of the conversation, it is very clear that, milley is making these calls because he has sensitive intelligence. the chinese think that the u.s. is going to make a strike because donald trump may pull a wag the dog. and milley initiates this call in order to reassure his counterpoint, general li. woodward and costa write in the book, quote, general li, you and i have known each other for now five years. if we are going to attack, i'm going to call you ahead of time. it's not going to be a surprise. it's not going to be a bolt out of the blue. if there was a war or some kind of kinetic action between the united states and china, there is going to be a build-up just

like there has always been in history. this quote has been taken out of context, and it's suggested that milley is going to give general li a heads up on a strike. that's not at all what's happening. the next sentence is critical. milley goes on, it's going to be okay. we're not going to have a fight. and general li says, okay, i take you at your word. the point, anderson, is that milley is just trying to say if something was going to happen, you would know about it. there -- there was nothing treasonous going on here. he was simply reassuring the chinese that the guardrails were up. >> general milley, obviously, has been getting hammered by some republicans who are calling for him to resign or be fired. president trump went as far as calling this treason. i just want to play that.

>> general milley needs to answer questions about it because if this is true, he should be fired. e he should be fired and he should have to face military justice for what he's done. >> he needs to resign. if he won't resign, he needs to be fired. >> that's treason and i would think -- i have had so many calls today saying that's treason. >> if true, general milley has broken some very good laws and we ought to make sure that there is accountability for that. >> if it is true, absolutely, immediately needs to be a removal. >> if the truth is as alleged, then yes, he should resign. >> you pointed out earlier, i mean, few -- i mean, i haven't -- few people have actually read this book. you have. >> right. so, i would say two things. one is maybe they should wait and read the book. the second thing is there is -- i'm so glad we played that because they're classic talking points. this began with donald trump. what did we see for the last four years of his administration?

when he doesn't like what's being said about him, and he certainly does not like the reporting in "peril" and he does not like what general milley said, which is that he's unpredictable. he's dangerous. and woodward and costa write that milley believed that trump was in serious mental decline and he used the word treason. it is no accident that donald trump is trying to change the subject. he is accusing milley of actually what the book says about donald trump, himself. >> yeah. i mean, the headline could just as easily be, you know, that the chairman of the joint chiefs thought the president was increasingly mentally unstable. clearly, the former president wants it to be treason and that makes it a different headline. jamie gangel, appreciate your reporting. thank you want to get perspective now from retired general wesley clark, former nato supreme allied commander.

general clark, this reporting defense secretary esper apparently knew about the call in late october, should that quell some of the outrage from republicans toward milley since the defense secretary was aware of it? >> i think there should be a lot of -- a lot of praise for -- for general milley for doing what he did. he took the initiative. he reached out. he did the best he could to maintain strategic stability. he did it right by the book. he informed the interagency. he had people there from various agencies. it was recorded. it was distributed in u.s. government. should be no big secret about this. and congress shouldn't be surprised. this is what chairman of the joint chiefs of staff are supposed to do. they are supposed to help support strategic stability and u.s. policy goals. that's what he did. >> former-president trump is accusing milley of treason which probably isn't any surprise. i mean, he will try to use this to his advantage. but senator rubio is actually calling for milley to be fired in light of these -- these conversations. saying he should have -- he should have to face military justice. >> well, i'm really disappointed

in senator rubio because he's been around for a while. um, i remember hearing a great speech he made at the 2012 republican convention. he's supposed to know better. we need our senior-military leaders to be able to talk to their military counterparts around the world. it's a very important component of u.s. policy. it helps shape nations' understanding of what the -- what's going on in the united states. and it, also, gives us early warning of some of their concerns. there's really nothing better we can get in the way of intelligence and information in those heads of military calls with each other. so it's very, very valuable. now, he shouldn't be doing it just, you know, as a hip-pocket call. nobody knew about it and he didn't. he did it with the full support of the interagency. >> and -- and that's -- i mean, is that routine? >> it is, absolutely, routine. now, it's not routine that you'd have a president of the united states who's so determined to subvert the constitution that -- that everybody around him's

afraid of a right-wing coup occurring as we read in the book that the former-director of the cia said. that's not routine. but general milley's response, his -- his determination to maintain stability, to keep people informed, to avoid a crisis. that is exactly what general milley should have been doing. >> general milley's interesting. i mean, when he testified recently before congress, he was asked about critical-race theory and he talked about how he's studied it. you know, and what everyone thinks of it. he just was talking about the importance of understanding, you know, he talked about reading his works and karl marx. i thought it was interesting to hear a general discuss, you know, the -- the -- kind of the education of a general and -- and staying abreast of theories and policies. >> that's exactly what we -- we expect of our senior leadership. we expect them to be conversant with what communism was, what

people are reading in the united states. we expect them to be able to talk at the political level, the economic level, the social level. we expect 'em to understand our soldiers and the impact on our soldiers. that's why we've had a great armed forces. that's why america views it as a sort of number one most respected institution because we have leaders like mark milley. >> to -- to those who look at what milley is reported to -- to have done and say, well, you know, the military's under civilian control for a reason. and general milley may have been horrified by president trump or what he was up to. but perhaps, he should have quit or been public about it, rather than not have this be public or do whatever he's actually did. >> well, there's no reason for him to make these calls public at the time he made them. the military talked military-to-military relations all the time without it being public. but it was open within the interagency. it was approved. and the secretary of of defense was informed in both cases.

so, i think there -- no one's absolutely blameless and, in fact, he is very praise worthy for having done this. it was the right call, at the right time. >> general clarke, i really appreciate your time. thank you. >> thank you, anderson. still to come tonight. breaking news on booster shots. three new studies just released days ahead of a critical fda review of the evidence. dr. sanjay gupta joins us with details. and later, a really bizarre new twist. o-ney! it's hard to contain yourself isn't it? uh- huh! well let it go! woooo! get a dollar for dollar match at the end of your first year. only from discover. new projects means new project managers. you need to hire. i need indeed. indeed you do. when you sponsor a job, you immediately get your shortlist of quality candidates, whose resumes on indeed match your job criteria. visit indeed.com/hire and get started today.

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i've always dreamed of seeing the world. but i'm not chasing my dream anymore. i made a financial plan to live it every day. ♪ ♪ find a northwestern mutual advisor at nm.com breaking news tonight. to report days ahead of a highly anticipated review of booster shots, all support a third shot to maintain covid immunity. let's get perspective now from chief medical correspondent, dr. sanjay gupta, who has a new book coming out called world war c, lessons from the covid-19 pandemic and how to prepare for the next. so, sanjay, one of the reports focuses on what happened in

israel after they actually started booster shots. we have seen a lot of data coming out of israel making the case for boosters. what's been your main takeaways? >> well, i think this data is -- is -- is a little confusing, still. and, you know, it -- it sort of makes the case. but let me -- let me show you here, anderson. i think maybe i can talk through this. they -- they first looked at just how much does the effectiveness of the vaccine sort of wear off over time? so, this bar graph here. they looked basically on the far left is people who got vaccinated in january. then, it was a -- a month later. and then, march. and then, april. and what you'd expect is that the people who got vaccinated in january would have the least amount of protection, right? it would wane, over time. but look at this. april is actually a little less than march. why would that be? right? why would you have more protection if you got vaccinated in march, versus april? and that -- it's that sort of thing that's sort of confusing i think, people as they look at this data. >> to be honest, i -- i don't even understand. i -- i'm sorry -- i don't understand this chart. people who got vaccinated in

january. that's on the left-hand side. are those the same people the next month? >> no. so, the people who got vaccinated in january -- people who finished their vaccination in january are on the left. people who finished their vaccination in february, the next one. and then, march. so what you would expect is that it would be gradually going up, right? the closer -- the -- the -- the more -- the further you are from your vaccination, you should have less protection. so january should be the lowest. >> right. >> and then, it should be going up after that. but instead, what you see is that march is actually the highest. and then, april goes down. that's a little confusing. and those -- and those dark lines in the middle. that's what's called a confidence interval, anderson. i am nerding out a little bit here. but that gives you an idea of just how much variation there could be within those bar graphs. and if you look at those black line, you see that, you know, you could sort of -- you could sort of make the case that they're pretty similar across the board. and that -- that's the question. is the protection really going down? or not? that's -- that's -- that's the

challenge there. that's from the israeli ministry of health. that's some of their data there. in terms of what the boosters have done, let me show you that, as well. so, they basically were boosting people. this was people who are 60 or 65 and older. and they said that after a period of 12 days, at least 12 days, um, the rate of confirmed infections was lowered by 11.3 times. and the rate of severe illness, by 19.5 times. now, again, that's just 12 days after you got the booster. and some of the critics of the study have said, well, that's not really long enough to make an assessment there. maybe, you are getting a big surge of antibodies right after you get the booster. but does that really last a long time? is that gonna provide long-term protection? that's what the fda is going to be focused on. i am getting to sort of the inflexion point between, you know, people who are in favor of this and people who are against. >> right. in terms of against, i mean, the world health organization. they are against third shots and two top vaccine officials at the fda announced that their plans to -- they plan to step down in

the wake of the administration's announcement about boosters. so again, it -- it adds to the confusion. >> it -- it -- it really does add to the confusion. i mean, these -- first of all, when we heard from the white house coronavirus task force, they said boosters are coming. they are going to start september 20th. to much -- to most people, that sounded like a done deal. it was sort of preordained. but then, they say the fda obviously still has to weigh in on it. you know, career scientists at the fda weren't all onboard with this and i think that's led to people saying that they are going to leave. but look at what the fda is saying ahead of this big meeting on friday, as well. they are basically looking at the data and -- and putting out the statement saying it's not clear, at least to them, that the boosters are going to make a difference. and that the current vaccine regimen really does still afford significant protection against severe covid-19. the vaccines. that's what they were designed to do. to really protect people from getting severely ill.

one thing -- you know, you and i have talked about this, anderson, but if you look at the way the immunity works, most of the immunity is occurring around the lungs. if the virus gets into the lungs and starts to replicate, that's when people get severely ill. lot of protection around the lungs. you get less protection in the upper airway. so people could still potentially carry the virus. still test positive. but be very well protected against severe illness and the vaccines have done that well, and continue to do that well. >> that's really interesting. that's -- i -- that's a great explanation of why people who are -- are infected are not actually getting as ill because it's actually protecting one's lungs more than it's protecting the nasal passages, right? >> right. and -- and -- and i think it also -- this term breakthrough infection, i think, takes on a whole different meaning if you think of that that way, right? i mean, the idea that the virus is in the nose and mouth and you could test positive. that -- that's not a vaccine failure. that's -- that's another indication that the vaccine is doing what it was designed to

do. to protect you from letting that virus then get into the lungs. >> i appreciate that, sanjay, thanks so much. still ahead. why a chiropractor in florida is signing medical exemptions to get kids out of school mask mandates. our randi kaye went to his office to ask him. we will find out how that went, in a moment. and new ways for them to reach you... is what business is all about. it's what the united states postal service has always been about. so as your business changes, we're changing with it. with e-commerce that runs at the speed of now. next day and two-day shipping nationwide. same day shipping across town. returns right from the doorstep, and deliveries seven days a week. it's a whole new world out there. let's not keep it waiting. new customers get our best deals on all smartphones. that's right. but what if i'm already a customer? oh, no problem. hey, cam...? ah, same deal! yeah, it's kind of our thing. huh, that's a great deal... what if i'm new to at&t? cam, can you...?

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the war over masks in florida schools is still raging.

parents on both sides of the issue are not backing down. >> these doctors that sit up here that were sneering at us and looking at us like we're scumbags. they need to go back to [ bleep ] medical school. >> look. right here. so, as you can see, fists are now flying. >> are you going to bully him into wearing your mask? >> we do. we love our students. >> well, i don't believe that. i don't believe that. >> i -- i don't -- i want my child to go to school free and un-masked. >> so just sit there civilly and behave yourselves or i will have you removed. i suggest those of you that have your masks under your noses, put them back where they belong or i will have school police remove you. >> this board is only focused on forced mask mandates, raising our taxes, and making our kids believe they can change their gender. >> we are the bad guys because we are standing up for our children, like mine who is at home right now saying i don't want to wear -- >> well, there is new reporting that a chiropractor signed hundreds of medical kpechlkzs for students who wish to opt out

of wearing masks in sarasota county schools. dan bush is a not a medical doctor but didn't stop parents lining up at his office to get him to write an kpeexemption fo their kids. our randi kaye went to try and talk to him. >> reporter: it's just after sunrise outside this chiropractic office in venice, florida. when we spot dan bush, he is just arrived for work in his pickup. hard to miss the read, white, and blue splash and freedom fighters painted on it. >> how are you? randi kaye with cnn. >> i'm not interested. >> i just want to ask you. i want to ask you about the exemption forms that you were signing. i know. >> we already made a statement. >> reporter: well, why won't you talk to us about it? are you -- are these -- are you examining each and every child that you are writing exemption forms for? >> this wasn't about me. this was about parents' freedoms. >> about parents' freedoms? are you -- are you examining each and every -- are you putting children's lives at risk by signing these forms? >> no. >> why not?

why won't you answer a question about it? >> because i don't need to. >> how do you feel about them not accepting your exemption forms. >> when we asked his lawyer earlier about speaking with his client, he said bush had no comment. still, bush has become somewhat of a champion here in sarasota county. to parents looking for a way out of the school mask mandate. telling local media recently. >> it's not a political thing. i am not an anti-mask person, anti-vax person. but i am a pro-freedom, pro-choice person. >> reporter: this was the scene recently outside his office. the twin palms chiropractic health center. hundreds of parents and children, all, hoping to secure a medical exemption. >> i think it's ritd clus to have a wear a masks for eight hours a day. >> reporter: this mom came to get an exemption form for her child. something he has now done hundreds of times according to the sarasota county school district. >> i think it's great because many doctors are refusing to sign it and this is one doctor that is actually volunteering

his time with no pay to sign all of these forms. >> reporter: not everyone thinks it's as great as she does. do you think dr. bush is being irresponsible? >> absolutely. absolutely irresponsible. >> reporter: jules who has a daughter in kindergarten here in sarasota county started the group stop the spread srq. she says one of her friends was handed this medical exemption form from dan bush's office without ever meeting him or having his children evaluated. notice, it's blank. no medical or evaluation information. just what looks like the chiropractor's signature at the bottom. >> just write mass exemptions without seeing a child is really egregious. >> reporter: dan bush recently denied to local media that he has signed forms without seeing parents. >> i have not given exemption to any parent that i have not met with. >> reporter: meanwhile, partly because of his actions, the sarasota county school district told us they have updated their mask policy. and now, accept medical exemptions only from medical

doctors, osteopathic physicians, and nurse practitioners. to be clear, chiropractors are not medical doctors. and the district will not accept their signed exemption forms. the school district also told us they have rejected about 650 medical exemption forms and that the majority of the declined exemptions were from dan bush's practice. yet, this past weekend, dan bush was at a mask exemption evaluation event which more than 1,200 people reportedly attended. the flyer noted medical records helpful but not mandatory. >> and randi joins us now. so, um, i'm sure you had a lot of questions for -- for that chiropractor? >> yeah. anderson, i certainly did. i wanted to sit down with him for a real interview. i wanted to ask him why he is signing these medical exemption forms. what his evaluation process is for these students. why he thinks he's qualified to sign these exemption forms. but instead of this thoughtful

interview, which i was looking for, we had to try and catch up with him in the back alley of his office. which we did. but i also wanted to ask him act some things that parents have been telling us. for example, we spoke with one who am who didn't want to go on camera but she told us she and her son waited four hours for dan bush in august to try and get an exemption form and in just two minutes, they got it. she said that he barely evaluated her son. he looked him over, didn't ask for any medical history. didn't check his vital signs or anything. but filled out the form and then she walked away with it in just a couple minutes. now, he wasn't signing forms at this latest event this weekend but he certainly has been signing these forms for some time, anderson. >> randi kaye, thanks. still ahead, what does governor gavin newsom's win in california last night tell us about the midterms and more? next.

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voters overwhelmingly said no to a republican attempt to oust governor gavin newsom in a recall election in california last night. governor newsom claimed voters were saying yes to a lot more. >> we said yes to all those things that we hold dear as californians, and i would argue as americans. economic justice. social justice.

racial justice. environmental justice. our values, where california's made so much progress. all of those things were on the ballot this evening. >> this election was watched nationwide by many who saw it as a glimpse into the mind of the electorate one year before midterm elections that obviously will determine which party controls congress. hear what lessons they took from the failed recall. we are joined by former republican presidential candidate, john kasich. john is also author of it's up to us, ten little ways we can bring about big change. alts, joining us mary katharine ham. so, governor kasich, going forward from the recall, what do you think some of the lessons are for republicans and democrats? >> i don't think there is a lot of lessons, anderson. you know, he started basically at about 60% and he ended there and you got to remember a couple things. one is sometimes in recalls, we saw it with scott walker in wisconsin. we see it here. voters really don't like recall elections. like, why are we spending this money? why are we doing this?

although, i will say that the guy who wanted to take his place, larry elder, was certainly out of the mainstream, as it relates to californians. but people that want to draw too many conclusions from this, i think, are making a mistake. and i think most republican and democratic experts say that. i think the race that we really want to keep an eye on is the race in virginia because that will determine whether republicans come out in strong numbers. whether democrats in northern virginia are deflated. that is one that's gonna tell us, i think, a lot more than what just happened in california. >> mary katharine, i mean, do you think there's lessons for republicans or democrats? >> first of all, doesn't governor kasich know that our job is to overextrapolate these very weird races? >> i'm so glad you pointed that out, mary katharine. >> we are supposed to just -- just project all that out. no, i do think he is correct that virginia will be more telling. um, i think governor newsom's speech touches on a lot of things that democrats in

california, he is correct, fancy about themselves. as things that they support. right? but that doesn't exactly mean that you can project those things on the rest of america or even on a state like virginia which is far less blue -- um, although not really a battleground or red like it used to. far less blue. and glenn youngkin, who is the republican candidate, will not oblio oblige the left. i do think there is a lesson here from several recent elections for republicans, which is that they can -- in these sometimes off-year elections, special elections, and in general in ways that democrats don't expect -- peel off some minority voters. over 2020's exit polls, you saw some shift in white, college-educated voters toward democrats. and you saw black and hispanic voters leaning a little bit more toward republican -- toward the republican answer in california.

so i think that is a path that republicans need to think about and they're not good at thinking about how to tackle that. but it's something they need to think about for the future. also, i would note we got concession after this loss so small victories. >> so, governor, but i guess for republicans, you know, is there any lesson on allegiance to the former president? is -- i mean, trumpism is still the banner of the republican party. does it work to actually win elections? >> that's what we are going to have to see in virginia. but i -- i really -- at the end of the day, don't think so. i think, anderson, the problem the republicans have in not just in california but in many places around the country. and i know mary katharine knows this if you take a look at northern virginia. the issues that republicans -- you know, they are really about we're against the other party. and as the suburbs grow. as those -- the suburbs grow,

you know what's happening in those suburbs. they're -- they're increasingly going blue. and at the same time in those rural areas, a lot of those rural towns are shrinking. so one of the lessons is republicans better be for something. they better come up with a plan in terms of rising drug prices and what they want to do in healthcare. what they want to do on energy. what they want to do about the border. talk about shutting people up but what's the constructive plan for that? and in california, they are just out to lunch. the republicans been out to lunch forever. the last great republican, of course, the terminator, himself, arnold schwarzenegger. now, he happened to win a recall election. but there is only one terminator in all the universe. and if you wonder about that or question that, anderson, he might come for you. >> mary katharine, i mean, the supporting the former president helps you win a primary in the republican party. um, again, though, for the general -- for a general election, does it work? >> no. and i mean, in a purple state, you have to figure out how to

marry these two things. you have to either -- either democrats in -- in the suburbs in northern virginia have to be sort of deflated. or you have to peel off a couple of those formally right-leaning voters who became left leaning during the trump years and you have to marry those with rural voters who have different concerns. i will say, i thought it was helpful in both of these places. in california and virginia. just having an election going on. the political pressure of that i believe helped get public school students back in school which was something that unions were being very, very stubborn about and democratic leaders were not pushing them on. and so, you ehave got kids in school, which i think is a victory for kids and parents. obviously, there are obstacles here and there were challenges but that was something that developed a ton of energy in northern virginia. continues to. these battles over getting schools open for five days a week. and it's not just coming from conservatives because there is not that many in virginia. but a lot of people. >> anderson, the other -- the other interesting point here is we don't know how many of those trump republicans will vote if

trump's not on the ballot. >> yeah. >> i mean, a lot of them, if you take youngstown, for example, you know, they voted strong for trump. trump's not there? i'm not sure they turn out for republicans. so, it's very interesting. >> yeah. >> it's very, very interesting. >> governor kasich, appreciate it. mary katharine ham, as well. great to see you. up next, why authorities are now looking into the death of this man's former housekeeper. plus, what his lawyer revealed about his client being shot along a south carolina roadside. without my medication, my small tremors would be extreme. i was diagnosed with parkinson's. i had to retire from law enforcement. it was devastating. one of my medications is three thousand dollars per month. prescription drugs do not work if you cannot afford them. aarp is fighting for americans like larry, and we won't stop.

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there is more breaking news tonight. south carolina authorities have opened a criminal investigation into the mysterious 2018 death of a longtime housekeeper of a disgraced attorney, alex murdaugh and the handling of her estate. the housekeeper died the home in what was called a slip and fall accident. the coroner revealed an autopsy wasn't revealed at the time. the coroner also said the death was ruled natural, which was inconsistent with injuries sustained in a trip and fall accident. this comes just hours after murdaugh's attorney said his client hired a hit man to shoot and kill him earlier this month so his surviving son could collect a massive insurance

payout. did not play out that way. cnn's martin savidge reporting from south carolina. >> reporter: prominent attorney alex murdaugh said he was shot in the head on september 4th after he pulled over to check his tires. but he has now said he asked this man, chris smith, to do it. >> realized that things were going to get very, very, very bad and he decided to end his life. >> reporter: his lawyer tells cnn the 53-year-old suffered a fractured skull and a brain bleed but survived. an affidavit alleges mr. murdaugh provided mr. smith with the firearm and directed mr. smith to shoot him in the head. smith is charged with assisted suicide, assault and battery of a high aggravated nature, pointing and presenting a firearm, insurance fraud, and conspiracy to commit insurance fraud. it is not clear whether smith has an attorney or how he intends to plea on the charges. murdaugh, who has not been charged, told south carolina police he was in such a bad financial position, he thought death was his only way to ensure

a life insurance payout for his son, his attorney says. >> he believed that $10 million policy had a suicide exclusion. suicide exclusions are only good for two years and he didn't realize that. so, he arranged to have this guy shoot him. >> reporter: his lawyer says that murdaugh was in a massive depression from the shocking, unsolved double murder of his wife and son three months ago. and that he also has a severe opioid addiction. >> his father died of cancer that same week. most people couldn't get through that. he got through it with the use of opioids. >> reporter: just one day before the shooting, murdaugh had abruptly resigned from his law firm after being accused of misappropriating funds which his lawyer says has been primarily used to purchase drugs. attorneys for murdaugh now claim that smith and others, quote, took advantage of his mental illness and his ability to pay substantial funds for illegal drugs. >> this guy shooting him in the

head. didn't try to persuade him not to do it. didn't hesitate at all. >> reporter: smith appeared in court today on unrelated drug charges. he will now be transferred to hampton county for charges in the alex murdaugh case. records show the connection between murdaugh and his alleged shooter going back more than a decade to when murdaugh represented smith in court. first, in a personal-injury suit. and then, for a traffic infraction. murdaugh's lawyer says he spoke to murdaugh at a first in a personal injury suit and then for a traffic infraction. murdaugh's lawyers said he spoke to him at a detention center on monday and explains why he finally came forward. >> he didn't want law enforcement spending more time on this fake crime instead of focusing on solving the murders of maggie and paul. >> this is so bizarre. they're now investigating. he had a house deeper who died in his house. then his son and wife were shot to death in the house. that is still unsolved.

and now he allegedly hired somebody to shoot himself in the head for his one surviving son. where is he now? >> reporter: well, right now he is said to be in a drug rehabilitation program. i got a phone call from one of his attorneys. he said it is their understanding that an arrest warrant has been issued for alex murdaugh for conspiring to commit insurance fraud. their client is expected to turn himself into authorities sometime tomorrow. this being south carolina, it is possible that he could get a bond hearing tomorrow, and if he's given bond, it is very likely he could make that bond and then he would quickly be released. it is possible he could be back within that drug rehabilitation program within 24 hours. however, i will tell you this. if there's been one consistency in this case, it has been its ability to surprise us. we'll have to wait and see.

>> i feel bad for his remaining son. thank you. up next, extraordinary testimony. four u.s. gymnasts including simone biles ripped the fbi over how agents mishandled the investigation. how the fbi responded in a moment. emerge tremfyant™. with tremfya®, adults with moderate to severe plaque psoriasis... ...can uncover clearer skin and improve symptoms at 16 weeks. tremfya® is the only medication of its kind also approved for adults with active psoriatic arthritis. serious allergic reactions may occur. tremfya® may increase your risk of infections and lower your ability to fight them. tell your doctor if you have an infection or symptoms or if you had a vaccine or plan to. tremfya®. emerge tremfyant™. janssen can help you explore cost support options.

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experience the crossover in its most visionary form. experience amazing at your lexus dealer. simone biles and mukayla maroney slammed the fbi for mishandling abuse allegations against former dr. larry nassar now in prison after 150 women and girls said in court he'd sexually abused them. each gymnast spoke about the harrowing abuse they said they suffered and the fbi's delay in investigating their allegations allowed nassar abuse to continue. >> simone biles fighting back tears, testified before congress

today about how the fbi failed her and hundreds of other survivors of sexual abuse by usa gymnastics team doctor larry nassar. >> i don't want another young gymnast, olympic athlete to experience the horror i and hundreds of other have endured before, during and continuing to this day in the wake of the larry nassar abuse. to be clear -- >> take your time. >> to be clear i blame larry nassar and i also blame an entire system that enabled and perpetrated his abuse. >> reporter: nassar pleaded guilty in 2018 and was sentenced to up to 175 years in prison for assaulting hundreds of victims

but not before he was allowed to victimize dozens of girls because adults in positions of authority failed to act on complaints according to gymnasts who testified today. >> i was molested by the u.s. gymnastics national team and olympic team doctor larry nassar. and in actuality he turned out to be more of a pedophile than he was a doctor. >> reporter: mckayla maroney testified how the fbi mishandled her complaints. >> i began crying at the memory over the phone and there was just dead silence. i was so shocked at the agent's silence and disregard for my trauma after that minute of silence he asked, is that all? those words in itself was one of the worst moments of this entire process for me. to have my abuse be minimized and disregarded by the people who were supposed to protect me. >> reporter: nassar went onto abuse dozens of other victims after maroney came forward. >> what is the point of reporting abuse if our own fbi agents are going to take it upon

themselves to bury that report in a drawer? they had legal, legitimate evidence of child abuse and did nothing. >> aly raisman testified how the fbi also dismissed her allegations. >> i remember sitting there with the fbi agent and him trying to convince me it wasn't that bad. >> reporter: she too said the system failed them. >> over 100 victims could have been spared the abuse if all we needed was one adult to do the right thing. >> reporter: a report by the justice department's office of inspector general found that the fbi agents who received the complaints did limited follow-up with maroney. the justice department has so far not brought charges against either of the fbi agents mentioned in the inspector general's report as having mishandled the nassar case. special agent michael langman identified by "the washington post" was fired by the fbi last week and langman's supervisor retired before the investigation was complete.

fbi director christopher wray who took over leadership of the agency in 2017 was pressed by lawmakers on how the system could have failed so badly. >> and i don't have a good explanation for you. it is utterly jarring to me. i'm sorry so many different people let you down over and over again. >> paula reid jones us now. is there a chance the fbi agents cited in this report and at this hearing could actually face prosecution? >> despite those stunning allegations of misconduct so far the justice department has declined to prosecute the fbi agents accused of bungling this investigation. now under the trump administration and again under the biden administration justice officials reviewed the evidence in this case and decided they couldn't prove it beyond a reasonable doubt and opted not to move forward. but next month attorney general merrick garland and his deputy lisa monaco will both appear