a, thanks for watching everyone, i'll be back tomorrow night. don lemon tonight starts right now hey donda. >> i was eavesdropping. >> you were? >> when did you learn. i >> was eavesdropping on your conversation and i heard, i think was top jones, who said the problem is that during the 2016 election everyone in the green room would say one thing about the former president. before the cameras are rolling. the commercial break. then of a sudden the lights come on and they say a completely different thing. because it is beneficial to them to say it. and i think -- was a duck jones who sided? he was absolutely right. >> the two dogs. the call themselves the gay freshman were sitting behind the camera by the way. but listen, the thing, if it is irritating to me as somebody who would like to think that if

you are asking for the opportunity to leave the new at least have the wherewithal and the confidence and the integrity to say i'm going to tell it like it is. because i would hope -- again, i recognized but i'm saying. people are probably chuckling and say that is not how washington d.c. works. well that's how it should actually work. don't call me baby girl. >> you call yourself a bigger. >> hey, i can say baby girl. [laughs] >> but you can't? i would say you are right. you are right though. that is how it should work and so we see some evidence i will believe it when i see it, how about that? i will believe it when i see it. i keep hearing people saying things are changing and things are backing weight, but we will see. in terms of coming up we will have more evidence of it. sure. all right baby girl. >> amen. [laughs]

i you get a pass. >> i was going to say you sound like oprah, in the red dress and everything, i will see you tomorrow. this is don lemon tonight and we've got a lot more on the headlines from the investigation coming up tonight including those fake electors and the missing text. the secret service under fire, and all of that before we even get to the january six committee's big primetime hearing on thursday. just days away the witnesses we have never heard from before. in georgia, all 16 so-called, fake electors, who were part of a trump backed thought to replace joe biden's allegedly electors with big trump supporting electors. which is, not a thing, not a thing that you can just replace electors have your own guy losers. all 16 of them are now targets in the criminal investigation in fulton county. that is a clear sign that the investigation is heating up. and then there is the secret service. turning up thousands of documents to the january six committee but none of the potentially missing text from

january 5th and january 6th. not one. they say they haven't been able to recover and if they text that were lost during a phone migration. but they are still trying. >> has a secret service in from the committee that these text message that are in question are gone forever? do you know that definitively at. >> i'm not known if any members of the committee have been fully apprised of it. you're asking the question we're asking. we are trying to determine where those text are and whether they can be recovered and retrieved. >> that may be legitimate. but it doesn't fishy. here's the thing. these are text that should be part of the government record. that's why the national archive is going a growing with the federal agencies and officials demanding answers about the missing text. text from the day of one of the worst attacks on our democracy ever. text that could have revealed

the realtime communication of agents around the then president, and they are just gone. missing? you just can't find the. a lost in a phone migration. after congress in from the secret service twice, that need to preserve and produce documents for relations to january 6th. now imagine. but they could've told us about what went on in the suv when the then president demanded his agents take him to the capital? >> the president said something to the effect of, i am the president, take me up to the capitol now. >> imagine with the committee could have learned about that moment. and now, just, hoops. a -- some people get that one. even after everything we've just seen and heard, that is crazy. ryan nobles is her. he's on capitol hill for us.

good evening ryan. two key figures within the west wing will testify on thursday. what can we expect? >> that is right on. we know that thursday's hearing is gonna be focused on that 187 minutes, while donald trump was in the white house, and the capital where i am standing at right now was under siege was from his supporters. the committee has said they will focus on trump's dereliction of duty. to the people we are going to hear from in life witness testimony include members of the white house team who were in and around the oval office on that day. that is pottinger, who was a former national security adviser, and sarah matthews, who was the deputy press secretary. these are both individuals that reside there post after would happen are january 6th. but they will be the only voices. there will also be a clip from these closed-door witness that's positions from people we were told we have not heard from yet. they will give unique insight into what the former president was doing, or more importantly, not doing while his supporters

were storming the capitol. >> ryan, also, former trump white house aide garrett ziegler met with the 16 committee today. he may be able to provide some additional information about that heated oval office meeting from december 20th. what do you know about that? >> this is an interesting character and all of this, don. this is someone who took upon himself to welcome in sydney powell and michael flynn into the white house for that really heated meeting in december. where they try to make the case, to donald trump, that he needed to continue to push on and fight the election results. despite all the advice he was getting from his professional staff and advisers at that time. of course, it led to that tweet that the former president said out the following day. encouraging his supporters to come to the white house. gareth was later had his ability to bring guess into the white house revoked by mark meadows after meadows learned that he had brought those two individuals into the white house on that night.

so ziegler is another one of the slides on the wall. you know, don, a lot of these philosophers. they may not necessarily have a lot of power inside the white house. that may not have much sway when it comes to donald trump. but they were there as things were happening. they can provide inside that the committee is looking for and we expect to hear from some of them during this hearing on thursday. >> i'm just gonna say, are you the only person in the capital? and i've seen like two or three people just walk behind. if >> i was four about right until you started talking. now there's a whole crowd of people coming in. when i was talking to you, i think. they want to say hi to don lemon. >> tell them i said hi. all right, thank you, i appreciate ryan. now one of britain cnn legal analyst, elliott williams, and elliott troy the former adviser to vice president mike pence. good evening to you guys, working for the light. it's 10:00, not so that. glad to see both of you. elliott, so many moving parts right now when it comes to january 6th. let's start with these 16 fake

trump electors, and we have been told they are not target of this criminal probe. they were initially told that they were considered witnesses. what is this escalation mean? should expect charges? do you see this is an escalation? >> it is definitely an escalation. it doesn't mean that necessarily expect charges but they should not be surprised if they get charged. merely being brought in as a witness is exactly that. they are sought for their testimony, when they are target, that means they are being investigated. and could be the subject and could ultimately be charged. now, look, oftentimes when people are targets of investigations that is not where it ends. it can either expand to other targets at their level, or up the chain. and i think we know what that means. and other people that it could ultimately breach, namely, the president the united states. we will see. >> olivia, let's look ahead to thursday's primetime january 6th harry. thursday's -- trump's deputy national

security adviser, matthew pottinger, and the former white house aide, sarah matthews, both resigned on january 6th. as kaitlan collins has noted, both have proximity to the west wing on that day. what will it mean to hear firsthand information on trump 's inaction on that day? >> i think will be a very critical firsthand testimony. to really hear it. these are two staffers who played a very critical role in the trump administration. i work very closely with matt pottinger. we worked on national security issues together. obviously and especially during the covid-19 pandemic onset. sarah matthews, as deputy press secretary, had a pretty significant role. these are inner circle to the oval office. these are people who have been in numerous meetings with the president. they have witnessed firsthand what with down that day in the hallways, would conversations were had, and i have no doubt that hopefully we will see cooperation of cassidy hutchinson's testimony. and we will probably learn a lot more details that are going

to be incredibly upsetting to all of this. i say that just because i have sat there in these hearings in person and each one of them, i think, just gets to me at the core. especially when you are sitting in a room with members of congress and capitol police officers who have lived that they firsthand. and watching their reaction as they hear these accounts of people who witness of. this and i think thursday night will be incredibly important. i do hope that the american people will be watching and listening to what happened. >> olivia you're the perfect person to watch discretion. because often asked of jen made by some and by others who are trying to point fingers at the people. you should've done, this you showed on, this as instead of talking about the national guard. all the capitals under attack we are member asking, where is the national guard? jonathan carl's book betrayal he does outlined how pottinger asked mark meadows if it was true that the white house had blocked a deployment of the national guard. meadows told him that it wasn't true and that if given instructions to get the guard there. but inside could pottinger give?

>> well certainly he will be coordinating across the national security apparatus. either him, or robert, brian in the moment. we have these conversation with d.o.d.. he certainly has the authority. he has cut as we have said, the reds, which direct connection to cabinet level people. i think format pottinger to really asked that question that means he is getting inside knowledge from a department u.s. government saying we don't have to go or we haven't heard it. he is here from people at a very senior level at the national guard. and also, was he hearing it from the former vice president? mike pence? was he hearing from that staff. so i think those are going to be details that i think matt pottinger will be able to speak to. >> i asked that because our folks on the other side financing of called the national guard. but that's not how it works? >> no, that is not how it works. >> elliott, pottinger is also reportedly involved in conversations relate to the 25th amendment. how important will be to know who was involved in all of these conversations? >> look, i don't think that's

relevant, don. -- >> the worry, it's not the worst i have been called. >> i don't think it is relevant to ask questions about criminality. which is whatever is talking about here. but also just the former president fitness to serve. that multiple members of the cabinet, repeatedly, and senior staffer repeatedly talking about removing the president and what they could do. now, the operation of the 25th amendment for folks who don't know is that a majority of the cabinet can in fact, than together announced a president of the united states. it is reported that members of the cabinet were talking about this at the time. it all speaks to former president trump's fitness to serve. even in places where his conduct may not have risen up to the level of being a crime. >> olivia, did you want to response that? >> i'm sorry, i have to smirk, something about some of these cabinet people everything came out invoking this amendment. but yet, some of those are going to be speaking at the

rally and speech that donald trump is giving. so what has happened to that moral compass that apparently service during that time? where is it now when you are continue to support this person? >> to have an answer for that? or is it a question you can answer yourself? >> i ask myself the question every, day -- >> so do i, but i talk myself a lot. would happen to those people who all said that this was wrong and the president bears responsibility. and then that mar-a-lago kissing the ring. >> how they said was and i hope? >> you've got that wind in? you >> i got the reference when you made it. >> just go to the internet, you'll figure it. out elliott i want to talk to you about the mission secret service text details. we'll talk about in detail in just a minute. these tax from january 6th are still missing. again, there could be a legitimate reason. but how -- i think it especially. i think it is questionable. >> i think it is absolutely

fishy impressionable. because the timing of the dates just or make sense. the bigger picture issue, i think, is that it is a failure of government. the secret service like many long forsman agencies puts it in the hands of individual officers to determine when to back up their own data. because what they said was, in the scenario, they said hey everybody back to that up you're getting new phones in effect. and that's what's called a that immigration. it was required, but it's up to them to do it themselves. and that just isn't a great way to store government data. to put that incentive or power in the hands of individual agents are officers. they could've required that they use certain phones or certain apps that stored messages in that. because texas just don't automatically could save your story. i think people don't know that. that is the failure here. it really it is the kind of thing that congress ought to take a look at. or the inspector general. this independent body that investigators secret service not to take a look at. it is just the failure and how government works. you just shouldn't be putting

agents in the position of deciding whether to store their own data. but their circumstances were comes at people need to look at it like today. >> olivia, they should know better. look at at the sex messages as if it was a different agency, but with peter strzok, who played such a big role in this. people screamed out peter strzok and the text messages. and then we have another agency in the government and text messages could play a big role. with all the sudden, they are gone. >> i have a couple of thoughts on. this first, we talk a lot about accountability. i really think there needs to be accountability for a federal agency here. if we let them off the hook on this one, then i think that all bets are off. i think we are -- >> what is accountability with this one? >> that is a great question. i think this accountability of the leadership level. first and foremost. you are putting the onus on these agents to backup their text. but also, i've gotta say, if you're a secret service agent and you are making constant

realtime security decisions in that role. you are playing a critical role and the national security apparatus. you are protecting the life of the president. you are protecting the leaders of the country. and you decided that those tax records were not important enough to save, even for historical purposes, they decided that i will just go ahead and leave them. i am just not -- i'm, sorry i'm just really confused by that. i'm confused about the judgment of from that one. i'll tell you this, people watch me pack of my office when i was in the white house and i was leaving and also i handed over everything willingly knowing i didn't want to make the mistake of keeping something potentially illegal and not knowing myself. so i made sure to really do everything by the book. and so i find it hard to believe that he would be serving in that role and right around those states, specifically, that are significant in the history of our country.

>> when we're thing done -- i'm sorry lavar. it is not just a good government think. it is actually the reason office to say things like text messages. because of they need to be turned over to defend its investigations and so one. this is an obligation that the government puts on banks to investigate them. but isn't preserving its own data. >> if you lose information like that. that could lose your case. it's a loss of evidence. >> there's practical reasons, but there's also a requirement under law to turn a lot of things over when you know that you are a prosecutor or investigator and they're in your possession. so, again, backing up everything olivia said. there is a moral or social failing, but also big we go into. >> thank you both, i enjoyed the conversation, so many questions right? so many questions about this potentially missing secret service text from the day of the insurrection. and now the national archives getting involved, demanding answers, but is there any

weight recover the texts? only two things are forever: love and liberty mutual customizing your car insurance, so you only pay for what you need. ifnyone objects to this marriage... (emu squawks) kevin, no! not day. only pay forhat you need. ♪ liberty. liberty. liberty. liberty. ♪

♪ ♪ how's he still playin'? aspercreme arthritis. full prescription-strength. reduces inflammation. don't touch my piano. kick pain in the aspercreme.

meltin', breadin', bakin', shreddin'. slicin', dicin', spicin', ricin'. if you're swissing it, then you're missing it. fryin', flyin', savorin', favorin'. over rotini. inside a panini. egging, maining, siding, plain-ing. debunk the inglorious. one shape's victorious. kraft singles. square it. and it's easier than ever to■ get your projects done right. inside, outside, big or small, angi helps you find the right so for whatever you need done. with angi, you can connect with and see ratings and reviews.

just search or scroll to see upf on hundreds of projects. and when you book and pay throug you're covered by our happiness it's easy to make your home an a check out angi.com today. angi... and done. the secret service turned over thousands of documents to the

january six committee. but not any of the text messages potentially missing from generated and the day of the capital insurrection of jack mary sixth. now, the national archives demanding answers. telling dhs that they need to explain whether text messages were deleted. if so, why? join me now to discuss cnn law enforcement correspondent, when the while, and jason barren. he's the former director of litigation for the national archives and records administration. good to see both of you, i get. thank you so much for joining. whitney, the secret service on the committee that they aren't currently aware of any text messages that were requested and then lost. but how does that lineup with everything we house we have been learning? >> there are two competing narratives. don, the inspector general clearly thinks that the text message that he should have received through his investigation but did not the secret service, however, has maintained that they have been fully complied. they've handed over everything that the various entities who were investigating them had asked for. however, they say they are continuing to conduct forensic examinations of cell phones to

be absolutely sure that nothing was deleted that shouldn't have been. so they're still a lot of outstanding questions. at this, point sources within the secret service are telling us that that nothing was deleted that was supposed to be handed over to the ig. and it wasn't done maliciously. rather, anything that would've been deleted was just happenstance because of this ill timed email migration done. >> so jason, i want you think about this done and this explanation. weathered holds why tour or whether or not the secret service -- how should i kind of information but handle especially given the relation to january 6th? >> the national archives, will i'm sure, to a very good job of asking questions of dhs. certainly they will expect a full answer from the agency. and then they will follow up. there may not be anything that the national archives can do if

the texts were, in fact, on phones that were essentially tossed away. there is some residual question of whether a commercial service that was involved in the text messaging that dhs use. whether something could be recovered from them but i doubt that those messages have lasted until now. and so, i think at the end of the day, we are going to be left with finding that there are gaps. and recommending some form of best practices. >> so no way to recover these text? >> i don't think so, if in fact, they were not manually uploaded by individuals at the age has two and eternal server. >> wow, wow, wow. when you sources telling cnn that before this migration happened several congressional committees told the secret service to hold on to information and that employees were told, twice, to backup

their phones. i mean, they should've unavoidable. >> you would think so. john, as you point out, they were told that they had to backup their phones. they have to do themselves, as you point out. they told us in december, told it again in january. and, also, they were told how to do it. so, again, as a previous panel pointed out. this was really incumbent on the individual agents to make the decision that what they had on their phone qualified for having to be safe. and that they ended the day, it was really on the honor system. but yes, you are right, pretty much immediately after the january 6th riots. ten days or so. they were congressional committees who are saying this was a really big deal. save all your records. we want to investigated. that doesn't seem to jive with how that message land within the secret service. because, clearly, this immigration would for. and some people may not have backed up their cell phones. but the question, don, still remains. was there anything that should've been handed over that was the lead. that is the outstanding question at this point.

>> don, i have a lot of sympathy for extremely busy secret service agents. they don't come to work. they come to work to save the president and to have the country. not to the record keeping. and so the issue is that congress passed a law in 2014 that requires that these kind of text messages, electronic messages, be forward to an official system that does archiving. but the law doesn't work. for many types of the new types of electronic messaging. as well as ephemeral messaging like what's up and confined signal. all sorts of communications, very difficult for individuals to just upload or to make sure that their archived. there needs to be some further thought, some further legislation, set by an oversight committee -- had a meeting about earlier

this year. about how to improve the law to make sure that there is automatic capture of text messages in this type of situation. >> but the question is, what could the slot of data mean for the investigation? right? these tax could be crucial, especially in light of recent testimony. look at with cassidy hutchinson said i what supposedly happened. >> right, that is exactly it, donned. like antibodies text that you choose an academy situation that could reveal the realtime reaction to what agents were seeing in the ground. they could explain why certain decisions were made or why certain decisions were not made. but i will also say that some of that information may not have been captured in some of the records that were handed over. so what we know is that the secret service have maintained, over and over, that they have handed over volumes of emails. almost 100,000 emails. as well as around 7600 teams chat about work, about operational planning. so, it's entirely possible that

some of these key details that the ig and others think are crucial to this investigation maybe captured in other places that they haven't had a chance to review the. there are so many outstanding questions here, don. but the reality is, that sort of candid reaction is -- if that was transmitted in a text message between agents as jason point out, likelihood of that coming back as extremely unlikely. >> with the, jason, thank you both very much. i appreciate it. extreme heat warnings, record high temperatures in multiple cities, 100 million americans in danger. so let's look at that map. wow. we'll go to some of those places right after this. if you're turning 65 soon or over 65 and planning to retire... now's the time to learn more about an aarp medicare supplement insurance plan from unitedhealthcacare and get help protecting yoursrself from the out-of-pocket cososts medicare doesn't pay. because the time to prepare is before you go on medicare.

don't wait. get started today. call unitedhealthcare for your free decision guide. ♪ ♪ hey mercedes, turn the music up. [ music: praise you ] the all-new mercedes-amg sl. the star is reborn.

["only wanna be with you" by hootie & the blowfish]

discover is accepted at 99% of places in the u.s. ["only wanna be with you" by hootie & the blowfish] in two seconds, a vacationer will say... yeah, i'm going to live here. only to realize... what if i can't sell my place? ♪ don't worry. sell it directly to opendoor and we'll help you buy your next one. aah. when life's doors open, we'll handle the house.

a record breaking heat wave is scorching europe and the united states. okay? the uk, look at this, seeing the hottest on record. temperatures reaching 104 degrees. the heat also leading to raging wildfires all across the country. as well as in france and spain. more than 1100 people in spain and portugal have died as a result of the extreme heat. and it is not letting up anytime soon. with temperatures expected to hit as high as 105 degrees. tomorrow. heritage united states, more than 100 million people are facing an excessive heat warning or advisory including in texas and oklahoma. cities there setting record highs with temperatures ranging from 105 to 115 degrees.

extreme heat will last across the u.s. for the next few days. and tomorrow, the heat index will surpass 100 degrees in numerous cities across the south. look at that. wow. those record-breaking temperatures. so how much of a crisis defeat has become. but now some cities are hiring chief heat officer. so joining me now, jane gilbert, the chief heat officer the chief -- director of phoenix is heat response in mitigation. i'm so glad you guys are. here it is an important story. and it is very very dangerous. chamber, you're up first. miami is one of the cities included in the danger zone. we've seen hundreds of heat related deaths in europe. why do americans need to know about the toll this can have on someone south? >> so he is critical that people take the precautions necessary. if they do have access to ac,

to stay inside during these excessive heat days. if they don't to have windows open with a fan to cool off their extremities, their feet, their hands, and cool ice baths. put cold towels on the back of their neck. and to check on their friends, family, and neighbors. elderly. young children. people with certain health conditions can be more vulnerable to the heat. it is really important to check on those people and make sure that they have the ability to take care of themselves. >> yeah, look, i know it's summer people gives a summer of course it's not. both of these temperatures. this is unusual david. i luciana police officer died from heat related illness. last week in arizona, ups driver collapse from hot temperatures. what's signs should people be on the lookout for when it comes to heat related sickness? >> the first thing to talk

about this important issue. the heat can affect everyone. we are all at risk. and, unfortunately, one of the first symptoms of heat exhaustion is that would become a little disoriented. a little confused. so please trust your body. if you're feeling any suggest that you might be in trouble. take it easy. find a way to take a break. but as jane mentioned. please also try to look out for community members. particularly the most vulnerable. particularly folks who might not have access to regular shelter. if we see somebody sleeping, for example, out the sun on the hot surface. no to soon they're just taking a nap. there could be a real medical emergency there. and call 9-1-1 might be necessary. >> these extreme temperatures are happening all over the globe, jane. we saw what is happening in europe. do you think people understand how high the stakes are and how quickly things have changed? >> well, i know people are feeling it. they are seeing the news. they are feeling it. but it is going to continue to get higher.

we have almost doubled the number of days with a he index over 90 degrees, hair in miami. then we did in the 1970s. and we are getting many many more days with heat index at the more extreme levels of 103 and 105. that is not only concerning to peoples health but their pocketbooks. our outdoor workers cannot be at work headlong. they lose work time. people cannot afford this ac. they have to hire or get higher electricity cost. it is both a health and economic crisis. >> i discotheques my friend, my fantino and dallas, at 111 degrees here in dallas. electable, $561. and it hurts. it is not just that this is costing folks as well. and the power grid, david. people are going to have to pay bigger utility bills and it takes a toll on the power grid. >> we've got a lot of work to

do at all levels of government. i'm so proud and phoenix be able to join jane and colleagues from across the world in this new approach to addressing heat at the local government level with new offices, do people who are dedicated to focus on this problem, but we need to be thinking about how up the light of this is as well. historically, our national utility systems has focused on heating in the cold season. that is certainly a critical need as well. but i think we found ourselves a little under resourced to provide cooling resources to people in the summer. i know in florida that they are strapped in arizona. we are strapped in texas, so i think there's more of a role that federal government can play in helping supporter communities. get through these really hot summers. >> not to mention, jane, the infrastructure. here we have greater infrastructure as well. >> oh, absolutely, not only to protect the grid but to cooler neighborhoods. so we are getting increasing heat in our cities. not only because of climate change but because of our development patterns with less

vegetation, less trees, more pavements. this is something that both david and i are working on in our cities to really ramp up the number and our tree canopy. we are focusing on those areas that need it the most. the areas with our highest urban heat islands are well documented to be also where we have the most people showing up for emergency rooms visits. for heat. so, just this weekend are medical director saw elderly, who have been waiting at a bus stop, in the emergency room. and just waiting at a bus stop. it is definitely infrastructure. we need shelters and those but stops, we need trees, so it is also making sure that our electrical grid can handle these temperatures. but it is also about cooler neighbors. >> well, stay cool, i mean

that. thank you both. i really appreciate you joining us. >> thank you. >> and everybody, be safe out there, this is some serious stuff. -- telling cnn the eovaldi school district is expected to fire the police chief. stay with us. you might have heard of carvana and that we sell cars online. we believe buying a car should be something that gets you hyped up. and that your new car ought to come with newfound happiness and zero surprises. and all of us will stop at nothing to drive you happy. we'll drive you happy at carvana. alright, limu, give me a socket wrench,

pliers, and a phone open to libertymutual.com they customize your car insurance, so you only pay for what you need... and a blowtorch. only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪ [ "back to life" by soul ii soul ]

what if you could change your surroundings with the touch of a finger? now you can. biometric id... inside the innovative, new c-class. [zoom call] ...pivot... work bye. vacation hi! book with priceline. 'cause when you save more, you can “no way!” more. no wayyyy. no waaayyy! no way! [phone ringing] hm. no way! no way! priceline. every trip is a big deal.

my tribe has lived on this land for 12,000 years. we call it oleyumi. you call it california. our land, our culture, our people once expansive, now whittled down to a small community. only one proposition supports california tribes like ours. while providing hundreds of millions in yearly funding to finally address homelessness in california. vote yes on 27. tax online sports betting and protect tribal sovereignty and help californians that are hurting the most. seen this ad? ait's not paid forans by california tribes. it's paid for by the out of state gambling corporations that wrote prop 27. it doesn't tell you 90% of the profits go to the out of state corporations. a tiny share goes to the homeless, and even less to tribes.

and a big loophole says, costs to promote betting reduce money for the tribes, so they get less. hidden agendas. fine print. loopholes. prop 27. they didn't write it for the tribes or the homeless. they wrote it for themselves. so tonight the school board anybody texas for district police chief pete arredondo and his role and the disastrous police response and the mass shooting robb elementary school that killed 19 children. and two teachers a sore saying that the board has told arredondo it will meet on saturday and is expected to vote to fire him. let's go right now to cnn's smelled prokupecz for the very latest. shimon, good evening to you. tell us more about your new reporting on uvalde school

police chief pete arredondo. >> yeah, so, don, we have learned that there were discussions through the day about how to proceed, in terms of firing pete arredondo. a decision has been made that they don't want to keep. it they know they have a problem at the school board. they understand that it is time to let him go. there is a process now underway for that to happen. it could take a few days, i'm told, that there's going to be a school board here and we could see a notice here tomorrow that there will be a -- year on saturday and that that's when the decision will ultimately be made. he has a few days, to decide whether he ultimately wants to resign before saturday. by all accounts, -- it is expected he will not be the school police chief for much longer, don. >> but he could resign. no indication of that -- >> there is no indication, that's right. as of now, don.

>> the contentious school board meeting, parents wanted to see arredondo fired. but today, watch this. >> if he's not fired by noon tomorrow, i want your resignation and every single one of you board members because y'all do not give a about your our children or us. >> the current staff is incompetent and liable for the already massive statement. you need to clean house. you need to start from zero. >> what do you guys going to do to make sure that i don't have to watch my friends die? what are you going to make sure that i don't have to wait 77 minutes, bleeding out on my classroom floor, just like -- student. >> that was last night. they want them to resign by the day. is frustration boiling over because there has been so little accountability here. >> that's exactly right, don. that's the problem and what's really remarkable -- and really, i have to say, i have been with these families

and been at the school board meetings before, then at council meetings. i've never seen the family speak out like they did last night. and it was just incredible to watch because you can really start to sense that the more information they get, the more they are told, the more answers they are demanding, they are starting to unite, they are starting to get together and demand the change they all want. and also, the accountability. we really started to see that last night. many of them were afraid to speak out at the beginning, as they were starting to learn information. the thing that's happening here is that the release of that body camera footage, the hallway footage, this report, they are really starting to learn information and it's not sitting well with them. and it shouldn't. the kids are afraid to go to school. parents are afraid to send them to school. they are talking about having virtual classes. so, what they want is change. they want to feel safer. but they also want school personnel, they want other people fired. they want a new police department. so, they are going to keep going. this is certainly the first

step and what they feel will be some accountability for pete arredondo. >> shimon prokupecz, thank you, sir, appreciate it. 17 members of congress arrested today protesting for abortion rights in front of the supreme court. stay with us. lectric... made extraordinary. ingenuity... in motion. it listens, learns, adapts and anticipates your every need. with intelligence... that feels anything but artificial. the eqs from mercedes-benz. it's the car electric has been waiting for.

dozens of abortion rights protesters descending on the supreme court this afternoon. to protest the high court's landmark decision overturning roe v. wade. capitol police ordered the police to cease and desist their actions and -- sat in the street. police say they arrested at least 35 people, including 17 members of congress. among those taken into custody, new york democrats democrat member, alexandra has he cortez. she is this green scarf there. -- california congresswoman jackie

speier, tweeting after her arrest, -- to march with my democratic colleagues and get arrested for women's rights, abortion rights, the rights for people to control their own bodies and future of our democracy. next, they got thousands of documents. but not the potentially missing texts. where did the secret service text go? plus, steve bannon on trial. we are going to tell you what went down in court today. pliers, and a phone open to libertymutual.com they customize your car insurance, so you only pay for r what you need... and a blowtorch. only pay for what you need. ♪ liberty. liberty. liberty. libertyty. ♪

[eerie shrinking sounds] (brad) congratulations! you're having an out-of-apartment experience- 'cause these cramped confines aren't going to fit your rapidly expanding family. but with more rental listings than anybody else, apartments-dot-com can help you trade this love nest for... (woman) ...an actual nest. (brad) baby names! for a boy, brad. for a girl, brad. apartments-dot-com. the place to find a place.

seen this ad? it's not paid for by california tribes. it's paid for by the out of state gambling corporations that wrote prop 27. it doesn't tell you 90% of the profits go to the out of state corporations. a tiny share goes to the homeless, and even less to tribes. and a big loophole says, costs to promote betting reduce money for the tribes, so they get less.

hidden agendas. fine print. loopholes. prop 27. they didn't write it for the tribes or the homeless. they wrote it for themselves. the secret service turning over thousands of documents to the january 6th select committee, but not including text messages potentially missing from the insurrection and the day before. a source tells cnn that the -- unaware of any text messages that were not retained, which, of course, raises even more questions about the national archives and the national

archives wants answers. i want to bring in cnn legal analyst carrie cordero and law enforcement analyst and former secret service agent jonathan wackrow. hello to both of you, thank you for joining us this evening. the secret service tells us that messages from january 5th and sixth are still messaging missing. you say it is a bad look for them. but when we are talking about an insurrection is here, why would the agency protecting the president and vice president and members of our government be sure to save every single piece of information from that critical day? >> don, this disclosure that these text messages are still missing really is an unforced error by the secret service. they should never be in this position today. but yet they find themselves here. because they know that they are bound by regulations to preserve all records of their activity. and that includes every single text messages message, email or electronic communication. what happened today is this,

admission by the service just compounds the problems that they face. because there is no resolution. we are sitting here. there was a subpoena. the inspector general went up and spoke to the january 6th commission that led to that subpoena. there is critical information that is missing and it is still not resolved. the result of this is, optically, the public -- in public it raises more doubts about the secret service. so, they need to act very, very quickly, right now, starting tomorrow, to start bringing some level of resolution to these text messages. here is what i want to hear from the secret service, very quickly. first, what exactly was the data that was lost? we are talking about text messages. but i want to know the context of that data. does that data have any nexus to direct activity in washington d.c. on january 6th? second, how exactly was it lost? we are putting a lot of responsibility on a johnson's office are saying that it was

their responsibility. but what was the redundant system there? there should have been a level of redundancy up back to ensure that state was not lost. finally, and i think this is the most important part, are any of the missing text messages -- do they have a material impact on the ongoing investigation? and i need full transparency. and then if there was any type of malfeasance or error made by the service. full accountability that was done. that is how they're going to start recovering from a couple of these missteps. >> you know, carey, sources are telling cnn that congress told the secret service on january 6th and then again on january 25th of 2021 that they needed to preserve and produce documents related to the capitol attack. the agencies had their phone migration started in january but this source says it was january 27th. after the request. what do you think of that discrepancy? they clearly have some explanation.