the trumps must testify. a judge ruling the former president, don jr., and ivanka must sit for depositions in a new york state investigation of the trump organization business

practices. they say they will appeal. an urgent warning from president joe biden that russia is likely to attack ukraine within days. >> every indication we have is they are prepared to go into ukraine, attack ukraine. >> a live report from inside ukraine just ahead. and growing outrage at how two police officers broke up a fight at a mall between two teenage boys one black and one white pinning the black teen to the floor and handcuffing him while the white teen is told to sit on the couch. an investigation is now under way. i want to bring in william cohen the founding partner of puck news also former federal prosecutor kim whaley to weigh in on what is happening with the former president. good evening to both of you. we have seen donald trump dodge accountability over and over again but tonight a judge says he and his children ivanka, don jr., must answer questions under oath. how do you see this playing out?

we know trump thinks he is above the law. >> don, this is obviously a civil suit. it is still relatively early in this case. i don't think the attorney general of the state of new york has brought charges yet. she is still doing her investigation. these dmogsepositions and the information she is seeking as part of her investigation. this is an important day for america, an important day for american justice. as letitia james said herself no one will be permitted to stand in the way of the pursuit of justice no matter how powerful and that is what is an important message for people to understand tonight. donald trump and his children are going to have to play by the rules of the american justice system. >> kim, the judge says he reviewed thousands of documents as part of this investigation and the ag uncovered copious evidence of possible financial fraud. that is a quote there. but the trumps' lawyers say they

will appeal, so what happens next? >> they will appeal. as i told my students losers get to appeal and they lost. that doesn't mean there is any real merit to an appeal. the judge's opinion is brief but extremely, succintly, and well written. it is essentially ticks through donald trump and his children's arguments like spaghetti thrown against a wall which is what they read like. he argued things like, well, there might be criminal liability so i shouldn't have to sit for a civil deposition. the judge said listen your other son eric invoked the fifth amendment 500 times during his testimony. you can do that like any other witness. i think he can appeal but ultimately has to testify and then he will presumably,

potentially i should say, invoke the fifth, which he has shown contempt for when it came to some of his political foes when he was president. >> let's assume what happens, as you said, he takes the fifth, appeals, and has to take the fifth. i want a reminder for our audience, what the former president says about that move. here it is. >> the mob takes the fifth. if you're innocent why are you taking the fifth amendment? when you have your staff taking the fifth amendment, taking the fifth so they're not prosecuted, when you have the man that set up the illegal server taking the fifth, i think it's disgraceful. have you seen what is going on in front of congress? fifth amendment, fifth amendment, fifth amendment. horrible. horrible. >> horrible and disgraceful. i wond fer he thinks it is 500 times that since his son eric did it 500 times at least in his

deposition. hypocrisy aside, if trump takes the fifth can't that be used against him in a civil case or in civil cases? >> right. it can be used that is you can tell the jury that he took the fifth and allow the jury to basically take whatever it wants, make whatever conclusions, draw conclusions from that. that is that he is hiding something. and, you know, all of our constitutional right. perfectly fine. but this is just so viewers understand, a civil case all that can happen is money damages or an injunction. so it would be paying back, say, new york state for not paying enough taxes for example or being forced to do something or not to do something. that's really different from the criminal context which of course can put someone in jail. so one of their primary arguments was, well, the new york or the manhattan da is at the same time looking into

criminal allegations and this isn't fair that we'd have to talk, speak in a civil deposition before hand. this is where the judge as you indicated said, listen. this is a legitimate investigation. there is nothing in the law that says you can't have parallel things going against you. the fact that you might have criminal liability doesn't somehow insulate you from other ways that you could be held accountable. so honestly don when you see this and you see he made similar arguments when he was president about his accounting firm and lost those even with a conservative court, it does feel like this man donald trump seems to think this, just the rules that apply to everybody else don't apply to him and now that he is a private citizen it is not going to fly. it didn't fly as president at least with judges and really is not going to fly now that he is a private citizen. >> kevin mccarthy always likes to say rules for thee and not for me. donald trump is the epitome of that. william, what about ivanka and

don jr.? what kind of questions do you think investigators will ask? do you expect trump's kids to tell the truth? >> obviously eric pleaded the fifth amendment 500 times. you know, don jr. and ivanka basically supposedly, i mean especially don jr., running the trump organization while his father was president and ivanka was at one time i guess a quote-unquote consultant to the trump organization obviously a big part of the organization. they know exactly what's going on, what has gone on, and so they are in a position to provide a lot of information to the new york state attorney general if they choose to answer questions and tell the truth. that remains a big if despite the, you know, comments from the former president about people the fifth. i think the important point that kim made as well was about the

accounting firm, which, this has not been a very good week for the trumps and the trump organization because that accounting firm basically disowned ten years' worth of accounting reports that it had made on the trump organization which could potentially open up the trump organization to additional lawsuits from lenders who theoretically relied on those accounting statements to make loans to the trump organization. this is not a good week because of those two things. you combine that with the manhattan district attorney's ongoing criminal investigation, and that grand jury has been meeting since mid last year, something has to give there and soon. you know, things are tightening around trump tower and they should be nervous. as i say this is an important day and a very good day for american justice system. >> william, kim, thank you both. see you soon. be well. i want to go live now to ukraine where cnn international correspondent michael holmes is live for us tonight. so former cia counterterrorism

official philip mudd is here as well. good evening to both of you gentlemen. michael, to you, out there reporting, president biden says there could be an attack within days. defense secretary austin says russia is flying in more combat and support aircraft and even stocking up their blood supplies. how high are tensions on the ground at this hour, sir? >> hi, don. look, i think the rhetoric and the claim and counterclaim does worry ukrainians. i've been out and about a lot and i'm struck by how stoic they are. i mean, they have this horrible situation hanging over their heads but they are getting on with life while at the same time they are preparing for what could come. a lot of people don't believe president putin will go as far as actually invading but many worry. their lives are impacted regardless. the economy is hurting. the stress is growing. they're used to pressure from russia. as we said yesterday just put yourself in their shoes. wondering from one day to the

next when or whether a giant military is just going to storm over the border and into their town. >> secretary of state blinken addressed the u.n. security council laying out specific scenarios putin could use to justify a war. watch. >> could be a fabricated so-called terrorist bombing inside russia. the invented discovery of a mass grave. a staged drone strike against civilians. or a fake, even a real attack using chemical weapons. russia may describe this event as ethnic cleansing or a genocide making a mockery of the concept that we in this chamber do not take lightly. >> a staged drone fight, invented mass graves? i mean, what did you think when you heard that? why is he being so specific with the public? >> i hesitate to make world war ii comparisons but that is

exactly what happened with world war ii germany making fake claims about being attacked. i looked at this and said if disinformation is going to be successful as a former intel guy you have to start with a baseline of truth. some kernel of fact and then build the lies on that little bit of fact. i think what the white house is doing and secretary blinken today, over the course of weeks and months, is take out the prospect that anybody could believe the russians. so i think the chance that disinformation works that the russians claim work is low except for countries that already support putin. the final thing is the important players here are the europeans. the americans are going to need the europeans if the russians move in. i can't believe anybody in europe believes what the russians are saying. >> phil, are any russian people hearing any of the information from the west? are they just being fed putin's disinformation? >> one of the most interesting aspects of this is the use of the russian security services, domestic security service for

disinformation. the united states, that is illegal. so if you take that fact into account, you have the kremlin speaking, people listening to putin. his approval ratings are high. disinformation is put out to the russian people by russian services. and the fact that western services are closed off in russia. you can't get access easily to russian information you can see why russian people believe putin is right and why they believe the west is wrong and the united states is the aggressor here. information waves are owned by the government. >> michael, there was reporting earlier, clarissa ward showing a kindergarten in eastern ukraine hit by shelling. talk to us about that. what does it tell us about this? what should the viewers know? >> as you say, this is in that area in the east of the country where russian backed separatists have been fighting the ukrainian government for eight years now. the thing about this shell landing on a kindergarten is

apart from the potential horrible outcome it could have had as phil was saying it plays to the west's claim russia could provoke an incident that gives them an excuse to invade. either fully or in that donbas, contested area. the u.s. believes that is part of the russian playbook either create an event that sparks an invasion or provoke a response from ukraine that they can use like attacking a kindergarten. all very worrying, don, and does test the restraint of the ukrainian forces. one incident could be the spark that ignites all of this. >> thank you, gentlemen. i appreciate it. meanwhile, kevin mccarthy at it again. seems like he is hoping to get on the good side of the former president throwing liz cheney under the bus by endorsing her primary challenger.

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kevin mccarthy is throwing his support behind harriet hagman the trump backed candidate challenging liz cheney in wyoming. it is rare to see an endorsement like this from leadership but after intense pressure from the trump wing of the gop conference it looks like mccarthy gave in. joining me now stewart stevens the former chief strategist of the mitt romney presidential campaign and senior adviser to the lincoln project. good evening, sir. this is almost unheard of. a leader of the house of republicans endorsing a challenger to a sitting member of congress not just any sitting member of congress. liz cheney. i mean, is this going to come back to haunt him? >> no. i don't think it is. this is a desperate attempt by mccarthy to save his seat if

they win the house next -- his leadership position if they win the house. mccarthy is feeding the alligator hoping the alligator will eat him last. it'll never work. you know, there is a certain clarity in this moment. it is sort of like no pretense anymore. we can't pretend the republican party is about conservativism. i mean, there are a few members of the house that have a more conservative -- few members of the house have a more conservative record than liz cheney. she is a cheney. it is just about an autocratic movement that is oriented around a strong man and if you don't recognize that and submit to it, then you'll be purged. it is straight out of the soviet union. >> just about a year ago liz cheney did survive a push to remove her as conference chair for voting to impeach donald trump. mccarthy defended her at the time. watch this. >> liz cheney our conference chair who just got a resounding

shot in the arm. just an example this republican party is a very big tent. everyone is invited in. >> today though liz cheney is out of leadership, censured by the rnc, and mccarthy is backing her primary opponent. here is what he said on fox just tonight. >> wyoming deserves to have a representative who will deliver the accountability against this biden administration. not a representative they have today that works closer with nancy pelosi going after republicans instead of stopping these radical democrats for what they're doing to this country. >> what a difference a year makes. what do you think of mccarthy, what is it, does he stand for anything or just whatever he thinks is going to make him speaker? >> look, history is replete with sort of face les men like mccarthy that kind of rise up through the system and are desperate to hold on to power. 1930s germany was full of them.

this is just sort of a picture perfect moment of what happened to the republican party. it is no longer a classic political party in the way that we thought of american political parties for one representative an ideology that would be more center right, one represented center left. you could argue which had the best policy given any particular issue. that is out the window now. it's just about power. that's it. what they don't like about liz cheney is, think about it, she is trying to be part of a process to get to the bottom of the most successful terrorist attack on the united states capitol since 1812. and that's a crime in the republican party? because it might implicate republicans. it will implicate republicans. they were the ones who did it. so she has to be banished.

it's -- look, this happens. it is very predictable. we have to quit being surprised when the republican party acts like an autocratic movement and not a political party because that's what it is now. >> perhaps we should be surprised when they start to act like with some normalcy and put forth some policy and, you know, yeah. thank you, i appreciate you joining us. thanks a lot. state after state, city after city relaxing covid restrictions but with concerns about a new contagious sub variant is this the right time to do that? you guys blend rigight in. the world needs you back. i'm retired greg, you know this. people have their momoney just sitting around doing nothing... that's bad, they shouldn't do that. they're getting crushed by inflation. well, i feel for them. they're taking financial advice from memes. [baby spits out milk] i'll get my onesies®. ♪ “baby one more time” by britney spears ♪ good to have you back, old friend. yeah, eyes on the road, benny. welcome to a new chapter in investing. [ding] e*trade now from morgan stanley. new vicks convenience pack.

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tonight a new study showing an omicron sub variant known as ba2 spreads faster and may cause more severe disease than omicron, itself. let's get some guidance on this from cnn medical analyst dr. jonathan reiner. good evening. tell me it isn't so. tell me it isn't so. >> i'm not sure there is really much data to suggest it is more severe than omicron. i think what the data does show is that it's probably clearly a more transmissible. >> 40% more contagious they say. it has been detected in 74 countries, 47 u.s. states. it may also cause more severe symptoms than the older variants but you said there is no

evidence of that part and so on. >> yeah. you know, we're seeing the virus in places like the united kingdom and south africa and denmark and when you look at a real world data from those countries, where they've seen a lot of ba.2 it does not look like the virus produces more severe illness or more icu admissions. one thing to remember is that variants are produced all the time. this variant is rising in the united states, most recent data shows that it is about 5% or 6% of the isolates in this country but not rising nearly as quickly as omicron did in january. so we'll have to see whether it can out compete omicron. there is some data that suggests that it might be a bit more immune evasive than omicron. but probably not a lot more.

i'm not sure this is going to change the trajectory of the current surge in the united states which is dropping rapidly. >> so reading this, it says researchers in japan say ba.2 should no longer be considered a type of omicron. that it has more than 40 gene changes and it should be looked at as its own variant. significant? >> no. again, it is a -- you can call it a cousin or distant relative. i am not sure it really matters. it is a mutated virus. this virus will continue to mutate which is the reason why we need to do what we know how to do which is to vaccinate people. the more people who are vaccinated the less virus there is in human beings, the less opportunity there is for this virus to mutate. and the sooner we can really put this behind us. but there's still a lot of omicron circulating in the

united states. about 140,000 cases per day. although things are a lot better, there's still a lot of virus around. >> doctor, thank you very much. >> my pleasure. now i want to bring in washington governor jay inslee who announced just today he is ending his state's indoor mask mandate including in schools and will do that on march 21st. governor, good evening. thank you for joining us. appreciate it. >> you bet. >> so your mask mandate is one of the few left in the country. you are ending it on march 21st in places like schools, bars, restaurants, and grocery stores. that is over a month away. tell us why that is the right time to do it. >> well, it is based on the data and science and we have been very successful saving tens of thousands of lives by making decisions based on data and science. that has been successful because we have done common sense things

like having masks where they work,en ceasing vaccination rates. if you compare our death rate to mississippi we've saved 17,000 lives and we want to continue that course. what we have done is basically set a goal of what level of hospitalization could our hospitals accommodate and still not be overrun and when do we project we'll get those infection rates and hospitalizations down to that level? basically it is about march 21st. we made a decision based on the health and the science rather than just, you know, political winds or ideology. that type of decision i think has saved thousands of lives in our state. i feel really good about it that we are in this position to make the next step forward. i am very excited about this progress. >> we've spent a lot of time together over the last couple years, the run for president and then because of this the first confirmed covid case in the united states was in your state.

washington was hit very hard early on. it is a very different situation now. how much of today's announcement is treating this like an endemic learning to live with it rather than a pandemic? >> well, i think that tone or tenor of how to think of it is accurate. we now understand it is not going to be zero and is going to be in our society for how many years to come and so thinking about it in those terms makes sense and also because we now have so many more tools to fight it. we have a life saving vaccine. it is almost universally available and hopefully for the 4 and 5-year-olds shortly. we know the masks work. we now have additional monoclonal antibodies in treatments. we have so many more tools than early. that together with the very significant change in this variant. to some degree it's horrible. we lost a thousand people last

month in our state. but it has chased delta out of town. it is less fatal. if you get vaccinated now and it can prevent serious disease that is a wonderful thing. we still don't have everybody vaccinated. i just cry about that fact. we lost an ex-trooper, a state senator, and people not vaccinated are still at risk. we are not done with that effort. that effort will continue after march 21st and we will keep our masks in hospitals and prisons and places where people are in congregate settings. there is more work to do. >> you are talking about omicron but we are monitoring this sub variant ba.2 which may cause more severe disease. how do you plan on handling future variants should they pop up? you may have to go back to that

mask mandate. what are you going to do? >> we'll make decisions based on science and health and use the same value systems and scientific systems in making a decision and will monitor this every single day to stay on top of it. kind of 20 minutes after we announced this today i walked in and saw a report from japan that had some concerning information about this ba.2 virus. we'll just look at it every single day and evaluate it and, yes, there is a possibility that, you know, we'll have to reinstitute some measures. but right now, with the existing predictions we have, we should be able and will plan on reducing our mask mandate on the 21st. >> governor, thank you for your time. best of luck. >> thank you. we'll use it. you too. be well. they're launching an investigation after police cuffed a black teen for getting into a fight at a mall but not the white teen he was fighting with.

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outrage growing tonight over the viral video of the fight at a new jersey mall between two teenage boys one black and one white and how police officers

breaking up the fight pinned the black teen to the floor, handcuffing him, while the white teen is directed to sit on a nearby couch. new jersey's governor calling the situation deeply disturbing. a lot to discuss. cnn's legal analyst joey jackson is here as well as captain ron johnson who retired from the missouri state highway patrol. the officers had just arrived on the scene of a fight. did they make a predetermined judgment about who was at fault here based solely on skin? what do you think is going on? what happened? >> you know, it does appear that they had already made their judgment who was the victim and who was the aggressor. it was obvious, you know, when you look at the video, the white male was actually on top of the black male. but when the officers approached, their efforts were extremely directed toward the young black male on the ground. you see them push the white male back to the couch.

in a gentle way. then they're both having their attention, handcuffing, putting their knee on the back of the black male and the white male gets up off the couch and is standing up and talking. they turn their attention totally away from him. it is obvious there is a perception, bias, you can see it in the entire interaction. >> as you were speaking there, you were narrating as it was happening and it interesting to see they completely ignored the white kid. he could have run away, who knows what he could have done. listen, i spoke last night to kai and his mother and i want you to listen. >> i hate to say this but if it wasn't for race what is it? what made them tackle my son and not the other kid? what made them be so aggressive with my son and not the other kid? why is the other kid sitting down looking at my son be humiliated and put into cuffs?

it just doesn't make sense. >> i won't say it's all police officers. we know that. but how ingrained is it in some officers or in the system, the perception that automatically the threat, you know, to treat teenagers differently before they even know what is going on based on what appears one would think in this case skin color? what do you think, joey? >> yeah, don. great question. good to be with you and the captain. the bottom line is i think it transcend teenagers. it has a lot to do with the african american male in general. you have to ask yourself what engenders such feelings of dehumanization, such feelings of less than as if, you know, the black kids in communities don't have parents home that love them, that have pride in them. that are inspiring them, that are pushing them, that are really trying to make their kids be the best to have part of the dream like everyone else. and so what does it say about the tactics, what does it say about the training, about the culture, what does it say about

how officers are out there policing? to your point there are police officers out there doing great work who are protecting lives and preserving communities and i don't want to cast as perfections on all police officers. but what i do want to say is this represents a problem. what was it about this scenario that allowed police officers to think that it was okay that we're going to get the teen that was there and tackle him but the other one no concern. we can just ignore him. it is troubling. so we got to fix it whether that is more diversity in policing, more sensitivity, more training, whatever it is, it has to be addressed because as you know don and i'll finish here it oftentimes leads to much more egregious conduct and then i'm talking to you about a mother crying because they don't have their kid. we have to get a grapple on this and we need to do better, period. >> to your point, joey, captain johnson, this is terrible for

kai now and his mom, but it could have been so much worse. >> his mother talked about having that talk. we've talked before about african american parents having the talk to their son and now their daughters. we have to do better. we have a lot of check the box training and we have to begin to have some real training that has real learning mechanisms involved to create change. it is important that we're inclusive in police departments and policemen are doing a great job in a lot of places but this here, these incidents, it is what divides and creates the untrust in communities. >> this was two teenagers in the middle of a mall with tons of other kids looking on, cameras recording. teenagers get in fights. when i was a teenager we got in fights. it happens. you have to wonder though what would have happened if that wasn't the case, if those cameras weren't there.

>> you do, don. i think that you can ask yourself the following question about the policing in general and again not indicting officers out there working hard and they have families that they want to come home to, too. but when you see things that are happening now being recorded, people have social media. people are inclined to use their phones. everyone is a photographer. and it just highlights the point. and what does it say to the other teens? what example does it set? what message are we giving everyone else about, you know, when it is the black kid that did something wrong but no one else is, what does it say about them thinking that is many officers about the values of black families, right, who are working hard, striving, doing such great things, who are going to be future leaders? but i think we really send the wrong and improper message about things like this when you just attack the black teenager and you just leave the other person alone. and so we got a long way to go. i'm glad it was highlighted because we should and need to be

talking about this. i think officers need to be cognizant about what they are doing and the underpinnings of their actions and the message that it send. >> look, people think, i'm sure there are people out there making excuses saying oh, this happened once. it is isolated. it doesn't. this is indicative of what goes on a lot. this is really about training and with officers which you know a lot about. bias training needed, needs to be a priority with law enforcement all over the nation? >> it really does and it can't be just check the box training. we go around the country and we train officers and talk to officers. we have real conversations and not just check the box questions. we talk about experiences and the things we're talking about right now. the things that people are feeling, young people are feeling. and african americans in general in our country. so we have to do better in police departments. leaders have to make sure

they're giving the ample training to their men and women that they lead. >> what should happen quickly again, to those two officers you believe? >> go ahead, joey. >> no it's for you, captain. >> they have to go through intense training. there has to be something that sends a message that we cannot do that and this is wrong and this behavior is wrong. >> all right. thank you both. i appreciate it. we'll be right back. with one-on-one financial coaching, shannon feels so good about her plan, she cacan enjoy more of right now. that's the planning effect, from fidelity. mission control, we are go for launch. um, she's eating the rocket. ♪ lunchables! built to be eaten. .. i always had a connection to my grandfather... i always wanted to learn more about him.

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lyndon b. johnson entered the white house during a national crisis. despite that he used the office to enact an historic expansion of civil rights and social support programs. his accomplishments are often over shadowed by his escalation of one of america's most controversial wars. now the new cnn original series lbj triumph and tragedy provides a look at one of the most consequential presidents in u.s. history. here is a preview. >> his style, was 180 degrees from john kennedy. kennedy was polished, harvard. lbj was hill country. cowboy hat. boots. >> washington at that time was disproportionately influenced by the ivy league elites and lbj was not from the ivy league nor was he ever elite. >> we feel like a country dog.

you run. >> you never had to guess where lyndon johnson was coming from. he was coming from the growing up in the hill country of texas. >> now, that is my kind of television. or streaming or whatever. so joining me now is the former domestic policy adviser for president barack obama currently executive director of institute and appears in this new series. this looks fantastic. let's talk about this. at the beginning of this term, the current president, you heard a lot about how joe biden had the opportunity to be the next lbj, pass the sweeping domestic agenda. how do you think it is playing out so far? >> you're right. it is great to be with you. but you're absolutely right. we heard a lot about that and you often hear references about lbj with about any president when it comes to passing legislation because lbj was masterful at doing it. he lost medicare the first go

round because he didn't have the votes and democrats didn't want to follow him. after the '64 election he gets 61% of the popular vote. he wins every state except for five in the deep south and barry goldwater's home state of arizona. he's got a land slide victory and democrats are eager to follow behind him along with members of the republican party. that is the way he gets a lot done. joe biden never had that. >> lbj's voting rights act has been rolled back in recent years because of actions from the supreme court and lack of action from congress. what would johnson make of the state of voting rights now in 2022? >> i think, well, i think he would be deeply disturbed because his ultimate goal is being attacked. i mean, what lbj said to hubert humphrey back in 1964 was, and this is his language, if we get

black people the vote, we get black people the power. and he understood this as a question of power and that the hurdles and impediments to african americans and other people of color being able to exercise rights as citizens were being threatened. at the end of last year, you know, 19 states had passed over 30 different restrictions to voting rights, 400 some bills had been filed to restrict voting rights. i think he would be disturbed. i think he would be saddened. by where we are today given what he thought and hoped he had accomplished in 1965. >> it's always a pleasure to have you and i can't wait to watch this and see you in this documentary. thank you so much. we really appreciate it. be sure to tune into the all new cnn original series "lbj triumph and tragedy" premiering with back-to-back episodes sunday, 9:00 p.m. only on cnn. again, our thanks to melody

barnes. thank you for watching everyone. ouour coverage continues. delighw with pepto bismol chews.

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president biden says there is every indication russia is ready to attack ukraine. what's more and far darker than that is this. his words suggest the administration now considers war a matter of when not if. >> yes. my sense is this will happen within the next several days. >> secretary of state antony blin