[ cheers ] are we actually going? yes!! and once in a lifetime moments. two tickets to nascar! yes! find rewards like these and so many more in the xfinity app. thanks for watching everyone, i'll be back tomorrow night. don lemon tonight starts right now. hey, don lemon. i was eavesdropping. >> you were? >> i was a eavesdropping. >> what did you learn? >> as he's dropping a new conversation. i think it was

doug jones who said the problem is that everyone during the 2016 election in the green room would say one thing about the former president before the cameras were rolling and the commercial break, and all the sudden, the lights came on and they said a completely different thing, because it is beneficial to them to say it. was it doug jones who said it? he's absolutely right. >> doug jones, doug heye, the two dougs, they call themselves douggy fresh, who are sitting behind the cameras right now. it is interesting to me, as somebody who would like to think that if you are asking for the opportunity to lead, then you at least have the wherewithal and confidence and integrity to say, i will tell it like it is. i would hope and, again, i recognize what i am saying, you're probably trickling and going that is not how washington, d. c. works, baby girl. i am saying, that's how it should work and don't call me, baby girl. >> you call yourself that. >> that's how this works. i can call myself that. [laughs] >> but you can't! >> you are right, that is how it should work. that does not happened. until we see some

evidence, i will believe it until i see it, how about that? i will believe it when i see it. i keep hearing a lot of people saying, things are changing, we will back away. we will see. the midterms are coming up, and we will have more evidence. >> sure, that does not work for me either, but thank you. >> all right, baby girl. i am sorry. >> a man, you get a pass, dylan. you get a pass, and you get a pass -- >> it's like oprah in the address and everything. i will see you tomorrow. >> thank you. >> this is don lemon tonight. we have a lot more on the headlines from the investigation coming up tonight, including those fake electors and the missing tax. the secret service under fire, and all that before we even get the general six committee primetime hearing on thursday, just days away. with witnesses that we have never heard from before. in georgia, all 16 so-called fake electors, who were part of

a trump-backed plot to replace illegitimate electors with fake ones, which is not a thing, right? you can't just replace electors with their own guys, if you lose. all 16 of them are now targets in a criminal investigation in fulton county. that is a clear sign that the in fulton county. investigation is heating up. that is a clear sign that the investigation is heating up. then there is the secret and then there is the secret service turning over thousands service. turning up thousands of of documents the january six documents to the january six committee but none of the committee but none of the potentially missing techs from potentially missing text from january 5th and january six. january 5th and january 6th. not one. they say they have not been able to recover any of the not one. text that were lost during the phone migration, but they are they say they haven't been able to recover and if they still trying. text that were lost during a phone migration. but they are still trying. >> has the secret service >> has a secret service in from informed the committee that the committee that these text message that are in question these text messages in question are gone forever? do you know that definitively are gone forever? do you know that the frenetically yet? >> i have not been fully yet? >> apprised about it. you are i've not been asking the question that we are asking. we are trying to determine where those texts are and whether they can be

recovered. >> it may be legitimate, but doesn't fishy, right? here is the thing, these are attacks that should be part of the government record that is not the national archives grows a growing list of federal agencies demanding answers about the missing tax techs from the day of one of the worst attacks and our democracy ever. text that could have revealed the realtime communication of agents around the then president and they are just gone missing? they just can't find them? lost in a phone migration. after congress informed the secret service twice that needed to preserve and produce documents from january six. imagine what they could have told us about what went on in the suv when the then president demanded his agents taken to the capital. >> the president said something to the effect of, i am the effing president, take me to the capitol now.

>> imagine with the committe e could have learned about the moment and now, just, whoops and and oops. some people get that one. even after everything we have seen and heard, that is crazy. ryan nobles is here. he's on capitol hill for us this evening. good evening, ryan. two figures inside the west wing will testify on thursday. what can we expect? >> that is right, don we know that thursday's hearings will be focused on the 187 minutes while donald trump was in the white house and the capital where i am standing right now under siege from his supporters with the committee said they will focus on is what they described as trump's dereliction of duty. to the people that we will hear from him live witness testimony include members of the ask team in and around the oval office that day. matthew pottinger, who was a former national security advisor and sarah matthews, who is the deputy

press secretary. these are both individuals that resigned their posts after what happened ungenerous. they will be the only voices. there will also be eclipse from these closed-door depositions from people that we have not heard from yet, we'll give unique insight as to what the former president was doing or, more importantly, not doing what his supporters were storming the capitol. >> ryan, also former trump white house aide gareth ziegler met with the 16 committee today. he may be able to provide information that he had an oval office meeting from december 20th. what do you know about that? >> this is an interesting character in all this, don. this is someone who took it upon himself to welcome in sydney powell and michael flynn into the white house for that heated meeting in december where they tried 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 the time. that of course led to the tweet that the former president sent out the following day, encouraging his supporters to come to the white house. gareth ziegler later had his ability to get into the white house provoked by mark meadows, after meadows learned that he brought to individuals into the white house that night. ziegler is another one of the flies on the wall. don, a lot of these low-level staffers, they may not necessarily have a lot of power inside the white house, they may not have a lot of sway, but they were there as things are happening, and they can provide insight that the committee is looking for. we expect to hear from some of them during the hearing on thursday. >> i was just going to say, are you the only person at the capitol? two - three people just walk behind you.

>> i was right up until we started talking. now there is a whole crowd of people coming by. they heard i was talking to you, i think. say hi to don lemon, everybody. >> tell them i said, hey. >> hey. >> thank you, i appreciate it ryan. i want to bring in analyst elliott williams and elizabeth troye, the former adviser to vice president mike pence. good evening to you guys working fairly late, it is 20 o'clock, not so late. got to see both of you. elie, so many moving parts right now when it comes to january six. let's start with the 16 fake trump electors who have been told that they are not targets in the criminal probe. they were initially told that they were considered witnesses. what is the escalation mean? should it expect charges? you see as an escalation? >> it is definitely an escalation, don. does not mean we can expect charges, but they should not be surprised if they get charged. really being brought in as a witness is

exactly that. they are set for their testimony. when there are a target, that means they are being investigated and could be the subject and ultimately be charged. look, oftentimes, when people are targets of investigations, that is not where it ends. it can either expand to other targets at the level or up to train. i think we know what that means and other people that can ultimately reach, namely the president of the united states, we will see. >> olivia, let's look ahead to thursday's primetime january six hearing. trump's deputy national security adviser, matthew pottinger and the former white house aide, sarah matthews, both resigned on january six. as kaitlan collins noted, both at 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 it will be a very critical firsthand testimony to really hear it. these are two staffers that played a critical role in the trump administration. i worked very closely with matt pottinger. obviously, we worked on national security issues together, especially during the covid-19 pandemic. sarah matthews, as deputy press

secretary, had a significant role. these are in a circle to the oval office. these are people that have been a numerous beatings at the president and witnessed firsthand what went down that day in the hallways, will conversations were had and, i have no doubt that hopefully we will hear cooperation of cassidy hutchinson's testimony. we will probably learn a lot more details that will be incredibly upsetting to all of us. i say that because i sat there in these hearings in person. each one of them, i think gets to me at the core, especially when you're sitting in the room with members of congress with capitol police officers who live that they firsthand and watching their reaction as they hear these accounts of people who witnessed on this. i think there's then it will be incredibly important. i do hope that the american people are watching and listening to what really happened. >> elizabeth, you are the person's -- who generally bought some and others like geo try to point a finger at the people, you should have done this, you should not do this. and talk about the national

guard. while the capital is under attack, we all remember asking, where is the national guard? jonathan carles outlines how pottinger asked mark meadows if it was true that the white house had blocked the appointment of the national guard. meadows told him that it was not true, and that they give him instructions to say that the guard was there. what insight could punch or give here. >> certainly, he would be coordinating across the national security apparatus. in the moment, he would be having these conversations with the already. he certainly has the authority. he is the red switch and dark reduction to capitol people. for matt pottinger to asked a question, that means that he's getting inside knowledge from a department in the u.s. government saying that we don't have to go or we have not heard it. or he is hearing from people at a senior level at the national guard. also,

was he hearing from the former vice president, mike pence? was he hearing it from that staff? i think those will be details that matt pottinger will be able to speak to. >> i asked that because you have folks on the other side saying that nancy pelosi should've called the national guard. that is not how it works? >> that is not how it works. >> elliott, pottinger also reportedly involved in conversations related to the 25th amendment. how important will be to know who was involved and all of these conversations. >> look, i don't think that is relevant, don. i was called you john. >> there have been worse than i have been called. >> oh snap! i don't think it is relevant to questions of criminality, which is everyone is talking about here. also just the former president's fitness to serve that multiple members of the cabinet repeatedly and senior staff were repeatedly talked about moving the president and what they could do. the operation of the 25th amendment, for folks that don't know, is that a majority of the cabinet can ban together and asked the 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's conduct may not have risen up to levels. have risen up to levels. have risen up to levels. have risen up to levels. have risen up to levels. have risen up to levels. have risen up to levels. have risen up to levels. have risen up to levels. -- --

. just go to the internet. he will get it. >> i want to ask you about the missing secret. we are going to talk in detail about it. these text from january 5th and sixth are still missing. again there could be a legitimate reason. it could be. it's questionable, the seconds is up. >> it's absolutely fishy and questionable. the timing of the dates don't make sense, don. the bigger picture issue is, i think, it's a failure of government, because the secret service, like many law enforcement agencies, what's the in the hands of individual officers to determine when to back up their own data. they said, in the scenario, hey, everyone back your data up, you are getting the phones, in effect, in what's called a data migration. it was required by did was up to them to do it themselves. and that just isn't a great way to store government data, to put that incentive for power in

the hands of individual agents were officers. they could've required that they use certain phones or certain apps that stored messages in data. because messages don't automatically get saved or stored. 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 investigates the secret service, ought 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. remember the whole text messages with this was a different agency, but with peter strzok, right, who played such a big role in all this. people screamed out peter strzok and the text messages. and whatever. and then we have another agency in the government and text messages could play a big role. but all of a sudden, they are gone. >> i have a couple thoughts on this. first, we talk a lot about

accountability. i think that needs to be accountability for a federal agency here. if we let them off the hook on this one, i think that all bets are off. i think that we -- >> but what is accountability, olivia, with this one? >> that's a good question. i think it's accountability at the leadership level, first and foremost. you are putting the onus on these agents to backup their texts. but also, i've got to say, if you are a secret service agent and you are making constant we'll time security decisions in that role, you are playing a critical role in the national security operatives. you are protecting the life of the president. you are protecting the leaders of the country. and you decide that those text records were not important enough to save, even for historical purposes, they decided that, hey, i will just go ahead and delete them -- i am just not -- i am sorry, i'm just really confused by that. i'm confused about the judgment call on that one. i will tell you this. people watched me pack up my office win 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. >> one more thing, don -- >> -- it's not just a good government thing. it's a legal reason to often say things like text messages. because often they need to be turned over to defendants and so on. there's an obligation that the government puts on banks to investigate them. but it isn't preserving its own data. >> if you lose information like that. that could lose your case. it's a loss of evidence. >> right. throw it out. it's practical reasons but also you are required 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? ♪ um, she's eating the rocket. ♪ lunchables! built to be eaten. ♪

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thousands of documents to the january 6th committee. but not any of the text messages potentially missing i'm january 5th and the day of the capital insurrection, january 6th. now the national archives demanding answers, telling dhs they need to explain with the text messages were deleted. and if so, why? joining me now to discuss, cnn law enforcement -- and jason -- former director of litigation for the national archives and records administration. good to see both of you, i again. 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 compliant. they've handed over everything that the various entities who of investigating them have asked for. however, they say they are continuing to conduct forensic examinations of cell phones to be absolutely sure that nothing gets deleted that shouldn't have been. so, there are still a lot about sending questions. but at this point, sources within the secret service that laying us that nothing was deleted that was supposed to be handed over to the ig. and it wasn't done maliciously. rather, anything that would have been deleted was just happenstance because of this ill timed email migration, don. >> okay. so, jason, i want to know what you think about this explanation, whether it will hold water or work. the secret service has been given 30 days to explain -- how should that information have been handled especially given the relation to january 6th? >> the national archives, will i'm sure, to a very good job of asking questions of dhs. they 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 at the end of the day, the administration is going to be left with finding the gaps and recommending some form of best practices. >> so no way to recover these text? >> i don't think so, if in the fact, they were not manually uploaded by individuals -- >> wow. >> at dhs, to an internal

server. >> wow, wow, wow. whitney, sources telling cnn that before this migration happened, several congressional committees told a secret service to hold on to information and that employees were told, twice, to backup their phones. i mean, they should've been unavoidable. >> you would think so. don, as you point out, they were told they had to back up their phones. they were told it in december and again in january. also, they were told how to do it. so -- but again, as the previous panel pointed out, this is really incumbent on the individual agents to make the decision that what they had on their phones qualified for having to be saved. and at the end of 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. there were congressional committees who are saying, this is a really big deal, save all your records, we want to investigate it. that doesn't seem to jive with how that message landed in the secret service. because clearly this email

migration went forward and some people may not have backed up their cell phones. but the question, don, still remains -- was there anything that should have been handed over that should have been deleted -- >> -- that is the outstanding question at this point. >> go ahead -- >> 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 help the country. not to do 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 forwarded to an official system that does archiving. but the law doesn't work from any types of the new types of electronic messaging, as well as ephemeral messaging like what's up and confined confide and signal. all sorts of communications, very difficult for individuals to just upload or to make sure that they are archived.

so, there needs to be some further thought, some further legislation. the senate oversight committee has looked into it and have a hearing about it 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. >> with me, the question is, what could this lost data mean for this investigation? right? these texts could be crucial, especially in light of recent testimony. look at what cassidy hutchinson said, look at what supposedly happened inside the suv. >> that's exactly it, don. like anybody's text message that isn't chaotic situation, they could reveal what the reaction to what agents were seeing in the ground. they could explain why certain decisions were made or why -- it's also possible that some of that information may 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 800,000 emails as well as 7600 teams chats 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 may be captured in other places that they haven't had a chance to review yet. there are so many 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 points out, the likelihood of that coming back is extremely, extremely unlikely. >> with me, jason, thank you 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. [ marcia ] my dental health was not good. i had periodontal disease, and i just didn't feel well. but then i found clearchoice.

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so boost your bottom line by switching today. comcast business. powering possibilities. a record breaking heat wave a scorching europe and the united states, okay? the uk -- look at this -- seeing the hottest days on record, with temperatures reaching 104 degrees. the heat also leaving two raging wildfires 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. it's not letting up anytime soon. with temperatures expected to hit as high as 105 degrees tomorrow. if you are at home in the united states, more than 100 million people are facing an excessive heat warning or

advisory, including in texas and oklahoma. cities are setting record highs today, with temperatures ranging from 105 to 115 degrees. extreme heat will last across the u.s. for the next few days. and tomorrow, that heat index will surpass 100 degrees in numerous cities across the south. look at that. wow! those record-breaking temperatures show how much of a crisis this heat has become. but now some cities are hiring chief heat officer's. joining me now, dan gilbert, the chief heat officer for -- response and mitigation. i'm so glad you guys are here. it's an important story and it's very dangerous. jane, you are up first. miami's among the cities included in the danger zone. we've seen hundreds of heat related deaths in europe. what do americans need to know about the toll is can have on someone's health? >> so, heat is --

it's 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 in cool ice baths, put cold towels on the back of their next. 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's 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 and people are going to say, it's summer, of course it's not. but this is unusual data. a louisiana police officer died this week due to heat related illness. last week, in arizona, ups driver collapsed from hot

temperatures. what's on should people be on the lookout for when it comes to heat related sickness? >> the first thing is -- >> talk about this important issue, don, the heat can affect everyone. we are all at risk. unfortunately, one of the first symptoms of heat exhaustion is that we become a little disoriented, a little confused. so, please trust your body, if you are feeling any suggestion that you might be in trouble, take it easy, find a way to take a break. but as jane mentioned, police also tried to look out for community members, particularly the most vulnerable and those who might not have access to regular shelter. if we see somebody sleeping, for example, out in the sun and hot surface, don't assume they're just taking a nap. there could be a real medical emergency there and a call to 9-1-1 might be necessary. >> these temperatures are happening all across 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? >> i know people are feeling

it. right? they're seeing the news, they are feeling it. but it's going to continue to get hotter. we have almost double the number of days with the heat index over 90 degrees here in miami than we did in the 1970s. and we are getting many, many more days with the heat index, the more extreme levels of 103, 105. that is not only concerning to people's health but their pocketbooks are -- our outdoor workers can't work as long, they lose work time, people can't afford the ac, the higher electricity costs. it's both a health and economic crisis. >> i just got a text from a friend, my friend tina in dallas, 111 degrees here in dallas. electric bill, $561. and it hurts. it is not just that. but 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 got a lot of work to do at all levels of government. i'm so proud in phoenix to be able to join jane and colleague from across the world in this new approach to addressing heat at the local government level with new offices, new people who are dedicated to focus on this problem -- but we need to be thinking about up the ladder as well. historically, our national utility assistance conversation 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, their shaft. in arizona, we are staffed. in texas, we are trapped. so, i think there is more of a role that federal government can play in helping support our communities, get through these really hot summers. >> not to mention, jane, the infrastructure here. i mean, we need to upgrade our infrastructure as well. >> oh, absolutely. not only to protect the grid but also 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 of tree canopy -- focusing on those areas that needed 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 visits for heat. >> wow. >> and just this weekend, our medical director saw elderly who had been waiting at a bus stop in the emergency room. and just waiting it, from waiting at the bus stop -- so, it's definitely infrastructure. we need shelters in those bus stops. we need trees. so it is also making sure our

electrical grid can handle these temperatures. but it is also about cooling environments. >> well, stay cool, i mean that. thank you both. i really appreciate it you joining. >> thank you. >> and everybody, be safe out there, this is serious stuff. -- will be decided in just a few days. sources telling the uvalde school district is expected to fire their police chief. stay with us.

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shimon prokupecz for the latest. shimon, tell us more about your 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. him. they know they have a problem at the school board. they understand that it's time to let him go. there is a process now underway for that to happen. it's going to take a few days, i'm told that there's going to be a school board hearing and we should see a notice here tomorrow that there will be a school board hearing on saturday. and that's when the decision will ultimately be made. he has a few days, to decide whether he ultimately wants to resign before saturday. but by all accounts, from everything our team here on the ground is told, that it is expected he will not be the school police chief for much longer, don. >> but he could resign. no indication of that --

before that saturday meeting? >> there is no indication, that's right. as of now, don. >> last night's 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 darn about your children or us. >> the current staff is incompetent and liable for the already massive failure. 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 -- my little sister david? >> 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, i've been 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 that 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 in 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. ♪ ♪ it's electric... 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. if maga republicans get their way, abortion will be banned nationwide, with no exceptions. medicare and social security will end in five years,

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one prilosec otc in the morning blocks excess acid production for a full 24 hours. unlike pepcid, which stops working after 9. 24 hour protection. prilosec otc one pill, 24 hours, zero heartburn. 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 -- arresting those who 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 democratic member, alexandra ocasio-cortez. she is the green scarf there.

and democratic representative ilhan omar. california congresswoman jackie speier, tweeting after her arrest, proud to march with my democratic colleagues and get arrested for women's rights, abortion rights, the right 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 texts go? plus, steve bannon on trial. we are going to tell you what went down in court today. in three seconds, janice will win a speedboat. bingo! i'm moving to the lake... gotta sell the house... ooh! that's a lot of work. ooh! don't worry. skip the hassels and sell directly to opendoor. bingo! when life's doors open,

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that are hurting the most. 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 -- secret service told the committee that they are

currently 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. jonathan, the secret service says messages from january 5th and sixth are still missing. you say it is a bad look for them. but when we are talking about an insurrection 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 that, optically, the public -- in public, it raises more doubts about the secret service. they need to act 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 individual agents and officers saying that it was their responsibility. but what was the redundant system there? there should have been a level system there, there should have been a level that backup was not lost. and finally, 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 that was done. that's how they're going the start recovering from a couple of these missteps. >> you know, carrie, sources are telling cnn that congress told the secret service on january 16th, and again on january 25th of 2021 that they needed to preserve and produce documents related to the capitol attack. agency said their phone migration started in january,