school, one young girl is finally heading home from the hospital. 10-year-old maya zamora was being cared for at university health. doctors and nurses cheered her as she passed roses along the way. erin burnett "outfront" starts right now. outfront next, breaking news. the white house responding here on outfront tonight to cnn's exclusive reporting. putin wants to add a convicted killer to the prisoner swap in exchange for two americans. that on top of the notorious arms dealer biden already offering to russia. plus, missing texts. from the secret service and top homeland security officials. cnn learning the department of homeland security inspector general knew of those missing secret service texts months

earlier than previous known. in fact, for more than a year. and the death toll is rising tonight in kentucky. homes completely under water. in just a matter of hours, we will speak to a pastor whose church was entirely washed away. let's go "outfront". good evening to you. i'm jim sciutto in for erin burnett. "outfront", breaking news. the white house responding here on "outfront" after putin ups the ante on a prisoner swap deal. cnn exclusively reporting that president vladimir putin is demanding even more when it comes to the swap. according to sources, not only does he want viktor bout in exchange for brittney griner and paul whelan, the russians also now want a convicted murderer to be released.

he was sentenced to life in president there. you broke the story. what more can you tell us what about the russians are demanding here. >> reporter: yeah. what we are told is earlier this month after they proposed the deal for viktor bout for paul whelan and brittney griner, they wanted this man for murdering a chechen in broad daylight. the german authorities said this colonel had done, had carried out at the direct order of the kremlin. he was sentenced to life in prison. now, what we are told is the russians, after receiving this offer by the white house, countered essentially by saying they wanted him as well. the national security counsel

did give us a statement on the record saying this is not a serious counterproposal because, of course, this man is in german custody. if the u.s. wanted to see him released they would have to put pressure on the germans. so it's unclear at this point where this stands. the u.s. says they believe it was a stall tactic, attempt by the russians to buy time until brittney griner's trial is over. >> do we know, do u.s. officials have a sense of why the russians in particular chose a convicted murderer held not here in the u.s. but in germany? >> reporter: you know, it's a great question, jim. our sources can only speculate on this. what they say is it was probably an attempt to drive a wedge between the u.s. and germany. of course the u.s. would have to go to the germans and see if they would be willing to release him early. and the u.s. did. the u.s. did do that a couple weeks ago after receiving this information through this back channel. they went to the germans and tested the waters to see whether they might be willing to

exchange in this deal. ultimately, there has been no movement on that. the germans have not indicated they would be willing to do so. but this is someone who is one of russia's own, a former fsb guy. someone they want back in their custody. and the added benefit of driving any kind of wedge they can in the western alliance is a plus for the russians, jim. >> natasha bertrand, thanks so much. john kirby, coordinator for strategic communications. john, thanks for taking the time this evening. >> you bet. happy to be with you. >> so, russian government officials have now upped the ante in terms of their release for griner and paul whelan, adding to the demands the are he lease of a convicted murderer now held in germany. >> yeah. >> is this an exchange that the u.s., the biden administration will consider? >> holding two american citizens hostage in exchange for an assassin in a third-party

country is not a serious counteroffer, jim. it's a bad-faith attempt to avoid a very serious offer and proposal that the united states has put forward. and we urge russia to take that offer seriously. >> now, given that instead of taking that offer and they've waited some time since the u.s. has offered to exchange viktor bout, the convicted arms smuggler who served more than a decade here in the u.s., given they did not take that offer and they have now added another demand here, are negotiations between the u.s. and russia on griner and whelan's release effectively stalled? >> i don't know about stalled, jim. we made this for ourselves several weeks ago. we tried to stay in contact with the russian side since then. it'sy uft they haven't been willing to faithfully consider or even seriously consider the offer that we put forward. i would not say stalled. we very much want to see

brittany and paul come home to their families. they are wrongfully detained there. and we are just going to keep at that work >> does russia have the cards here in effect? it doesn't seem like they're in any rush to release whelan or griner. they are slow rolling any response to the initial offer from the u.s. do they have the leverage here? >> what they have are two americans that need to be home. two americans that are being wrongfully detained. we put a serious offer on the table that we think they should definitely consider. and, again, it was done in good faith on our part to try to see if we can get these two americans back home, and we urge the russians to take that deal and to have a serious conversation with us. now, i know secretary blinken talked to foreign minister lavrov today. this came up. he, again, urged that the russians to move on this proposal, and we certainly hope they do. >> of course the danger here, right. the griner family, whelan

family, they want their relatives home. we know the president wants that, too. americans want that. of course the danger of this game, right, is that if an exchange goes through, the concern is you incentivize the next hostage taking, right? whether it be russia, iran or china to take someone else because they become bargaining chips. what's your answer to that? >> again, i don't want to confirm what the proposal is. i don't want my answer to be construed as confirming some sort of swap. i'm not going to negotiate in public. i would just tell you, jim, that the president has to balance these decisions in every case. and in each case of a wrongfully detained american hostage is unique and circumstances are completely different. and you have to look at each one in its own set of unique circumstances and make the best offer that you can. and you have to balance our own national security interests versus the strong responsibility that the president has to get wrongfully detained americans home. he weighs that in every single

case. and not any one of them are the same. he takes very seriously his responsibility to american citizens when they're abroad. that's going to be driving a lot of his focus and a lot of his decision making. and he knows. because we stayed in touch with the families. we know they're anxious, that they are uncertain, they're afraid. and i want them to know, we want them to know we're doing everything we can. finally, on the question of china and taiwan, and as you know, china's very public reaction to speaker pelosi visiting taiwan, today a chinese state media reporter for the global times is often used as a mouthpiece for the chinese communist party tweeted out today a threat saying that speaker pelosi's plane should be shot down if u.s. fighter jets escort her to taiwan. i wonder, do you have a reaction to that kind of rhetoric? . >> we have talked about this the last couple of days, the rhetoric out of the chinese side has not been helpful.

certainly not necessary since the president made clear there's been no change to our one china policy. one, the speaker gets to decide where and when she travels and how that travel is affected. i'm not going to speak for her or her team. she gets to decide this. i will also say, if she decides to go to taiwan, we know and we have a responsibility and we take that responsibility seriously that she can do to safely. we have heard these comments. not helpful. not constructive. we have an obligation to make sure, if she goes to taiwan or any other government official member, jim, that we will take that seriously. >> the white house is not pressuring hadar to cancel that trip? >> we are in no position to pressure her one way or the other. as an independent branch of the government, we don't approve or disapprove congressional travel. certainly not for the speaker. it's up to her. >> john kirby, thanks so much.

we appreciate you joining us tonight. >> my pleasure. thank you. outfront next, a cnn exclusive. the dhs watch dog knew about those missing secret service texts sent before and during the insurrection more than a year ago. so why are we just learning about them now? plus, homes, possessions, at least 16 lives swept away. sadly, including six children, with little warning. i'll speak to a pastor whose church was destroyed. and an assault weapons ban passes the house on the heels of other major legislative wins for president biden.

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(cheers guys!) tonight a cnn exclusive. new questions about the missing secret service texts from january 6th. according to multiple source, embattled homeland security inspector general first learned of those missing messages in may 2021, a year before he then alerted the january 6th committee. now the texts sent before and during the capitol riot may have contained potentially valuable evidence since the secret service was with trump january 6th. and the former president fought with agents when they refused to let him go to the capitol, according to witnesses testifying under oath. tonight it is not just the secret service that has a problem. cnn also learning texts from acting homeland security chief, chad wolf, and his top deputy, ken cuccinelli, are also

missing. those messages sent in the days leading up to january 6th. cuccinelli is key because he had been ordered by trump to seize voting machines in the wake of the election. this according to former acting deputy general richard donahue who also testified under oath. here's what he said. >> mr. cuccinelli was on the phone, he was number two at dhs at the time. i was on speaker phone. and he said, ken, i'm sitting here with the acting attorney general. he just told me it is your job to seize machines, and you're not doing your job. >> whitney wild "outfront" live in washington. whitney, you helped break the story don't. you've been covering these missing messages for some time here. what are you learning about how this happened and how unusual this is for messages such as this not only to go missing but to not be reported for such a length of time? >> reporter: that's the big question that these oversight committees are trying to get to.

it appears at least, or what they said prior rather is that the inspector general was aware of the missing text messages as of december 2021. that was the information we had learned some days ago when two key democrats were calling for the inspector general's recusal. text messages were erased in may 2021. seven months earlier than previously known. the secret service has explained that the text messages were lost previously, in a previously scheduled data migration of agents' cell phones. they are interested because, as you point out, the people were right at the center of january 6th. depending on what the content is, it should shed light on the secret service that day and what they witnessed among others. one of the key problems here is that key personnel inside the secret service didn't realize

these text messages were actually going to disappear when they did this data migration. they believed they were backed up somewhere and didn't realize this was totally absolutely that they were totally gone. when they realized that, albeit too late, they went to the cell phone provide tore bring back but couldn't bring back the content of it. the other thing we are learningw they were notified in may that they were erased. and they told the department of homeland security they were no longer seeking the text messages. that was july 2021, more than -- about a year before the inspector general brought these hurdles to congressional oversight committees, jim. >> dhs oversees. also an agency in charge of policing cyber crime. it is remarkable lack of oversight. whitney wild, great reporting. thanks so much. were toer homeland security

to vice president pence, she worked at dhs, phil mudd, norm eisen served as council to house democrats during trump's first impeachment trial and served as obama white house ethics czar. you worked at dhs. one, how would the messages go missing? how would someone not take steps to preserve them but also wait a year to report that to the committee? >> yeah. it's a little surprising, especially, look, i have worked technical migrations in the government. and i find it a little bit confusing that people were not aware these messages were going to disappear, especially with the amount of planning that goes into the migrations. i can tell you that firsthand having done it. but also, look, i came from dhs. when you work at senior levels in the trump administration you kind of know where people's loyalties lie. there is a reason that i went very public with my concerns about the trump administration

rather than going through the traditional whistle-blower process which would have led me to the inspector general's office at dhs. and i'll just say that. there's a level of trust there that you understand. the other part of it is i've got to tell you, being a trump admin person, most of the administration communicated on encrypted signal apps. a lot of the time these messages were likely disappearing. i mean, i don't know. it's a little bit suspect. you can either turn in your government phone. was there an encrypted app? was it on the personal phone. in any way, it seems the messages are gone either way. >> phil mudd, you worked in deposit, cia, fbi. these are agencies charged with fighting cyber crime. also for the secret service arguably the most stressful day for the service since the reagan assassination. there was a genuine threat to the president, to the capitol.

is this incompetence that you see here, or is there something more? do you suspect something more, something deliberate. >> jim, as usual, you are more polite than i would be. that's why you have your job and i have mine. this is beyond incompetence. any inspector general, whether cia, fbi, department of homeland security, doesn't work for, say, the head of homeland security. they work in essence for the congress. how can they go to congress now and say you can trust me to conduct ongoing investigations when there are these gaps of reporting to you. i think the inspector general has to go. the second thing i'd say, and let be equally blunt, what the heck was the chief information officer doing? if you're migrating data, the first question you have for someone who grew up with a manual typewriter is, is that data backed up? not only because you're supposed to do that but the law says you have to do that. the inspector general and chief

information officer at dhs, it is not just incompetence. it means their careers have to end at this organization. there's no other explanation i can come up with. >> norm eisen, you note there are laws. it was part of your job during the obama administration. beyond losing a job, are there legalism indications here? >> jim, there are. depending on the level of intentionality. and to phil's point, how many convinces are we going to have involving dhs and the secret service and these missing messages on the most crucial period of time that our nation has confronted in decades. it just strains belief. that points you towards taking a hard look, we don't want to prejudge. but doj is undoubtedly taking a hard look at some of the federal

penalties that can include criminal penalties if we find this was not an accident, that it was not negligence, that it was not coincidence after coincidence but something intentional was going on here. >> olivia, this comes as we are also learning missing texts from trump's homeland security chad wolf and ken cuccinelli part of this pattern we're discussing. i want to play some testimony from the january 6th committee from richard donahue about what trump was asking of cuccinelli after the election, which then speaks to why his communications would be of importance to the committee. have a listen. >> my cell phone rang. it was the president. and he had information about a truck supposedly full of shredded ballots in georgia that was in the custody of an i.c.e. agent whose name he had. i told him i.c.e. was part of department of homeland security. it was really up to dhs to make

a call if their agent was involved. and he said fine. ive understand. can you have just make sure that ken, meaning ken cuccinelli, knows about this. i said fine. i would pass that along to him. i eventually contacted ken cuccinelli later that evening. >> you were in the white house. how crucial, olivia, was cuccinelli himself to trump's efforts, his attempted efforts to overturn the election? >> well, look, cuccinelli was definitely in the inner circle when it came to trump circles. i saw him in the west wing very often. and, you know, the fact that he had this conversation speaks to the extent that he was communicating about these potential legal actions and some of these crazy sort of conspiracy ideas being pushed out of this inner circle. and i'll say this, i would hope that we would be able to see some of the communications and really figure out what went on. and i think all of this, i want to point out, speaks to the importance of the january 6th select committee's work in this

investigation. because all of these things we would not know about or realize the extent of this entire effort that went on to stop the peaceful transfer of power without this investigation, right, and without these hearings, without these testimonies, without these first-hand witness accounts. >> werenorm, they talk about te normal and team crazy. the fact is, crazy or not, these were extremely powerful people, including the president of the united states, people running powerful agencies or with senior positions in powerful agencies who were attempting to do this. how central are communications to establishing what happened? and if those communications are indeed missing, what's the reco u urse here. >> the extraordinary success that olivia points out is due to the fact that these kinds of

communications have been obtained. so when they're missing, that does hinder and hamper an investigation, jim. i know from my litigating days, though, it is very hard to permanent ly vanish things. part of the recourse now is a very deep look at these systems to see what can be recovered. and of course texts never go to just one person. maybe there are things out there. when the x-ray begins, when this intense focus of an investigation begins, you know, the skill tons do come out of the closet. so we'll see. but it's damaging. >> we have learned there is met meta data around those dates. we know there's something, right. phil, i want to ask you before you go because you served the cia and fbi, you served in government. in a properly functioning administration, if you don't follow the law, preserve

records, communications, emails, text messages, what would formally happen to folks, if you or i, did that? >> well, for example, if i was in the fbi and i went to director mueller and said, hey, i chose to eliminate these communications because i thought they were embarrassing to us, i can tell you what director mueller would have said. he was kind to me. he would have said you're done. you're done. this is not only an issue of professionalism but ethics. it can't happen in government. the people who do this have got to go. >> it bears repeating, right, this does not follow the way it's supposed to work. we'll keep digging. olivia, phil, norm, thanks so much to all of you. outfront next, a pastor lost his church in those kentucky floods, swept away in an instant. his faith remains. he is my guest. thankfully his family is safe too. >> and biden chalks up another

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tonight, at least 16 people have been killed by this devastating flooding in ke kentucky. that number is expected to rise, perhaps even double. flash floods wiped out entire neighborhood. some houses completely carried away by the raging floodwaters. kentucky governor beshear said the state has never in its history seen anything like this. evan mcpmorris-santoro is out looking at the devastation. tell us what it looks like. >> reporter: jim, one of the most amazing things about flash floods is how quickly they can change every in your life. here where i am right now is a flea market site in hazard is a perfect example of that. when we got here, there was

nothing. locals put out calls, we need to gather donations. first came the water. now you can see there's clothing, furniture, toys. we just learned tomorrow there will be prepaid cell phones. the building blocks of life as they lost everything in these floods. the problem is, this tragedy might still be ongoing. >> this is going to be a real challenge with such a large area hit to get good unaccounted for numbers. >> reporter: homes destroyed, roads washed out. rescuers working around the clock as the governor of kentucky warns the death toll from another round of catastrophic flooding could more than double in the coming days. the latest heartbreaking discovery, the bodies of at least six children recovered from the floodwaters. rushing waters tripped homes off their foundation and pushed cars into piles. judy butler and her husband made it out of their house just in time.

>> we pulled out here to the road. ten minutes later we looked out and the went from the back of the fence to the carport. >> reporter: the fast-rising floodwaters causing hundreds of water rescues across the state. >> i'm going to lose everything i have for sure. but it's better than losing some i life. >> reporter: beverly daugherty spent hours in chest-high water trying to keep her dog afloat. . >> finally i was just hanging onto a fern rope. i thought i've got to do it. i have to swim. but it was super swift. i have never swum in water like that. >> reporter: the kentucky national guard is also assisting in rescue efforts, lifting people from their homes. as some buildings were left almost entirely sub merged. officials say the storm caught many people by surprise. >> there was no warning. people were asleep. and mobile homes near this water that water had never been up to before in 50 years. you know, they have lived there and never worried about it.

so you never really thought about it. caught in their sleep and washed away. it's heartbreaking. >> reporter: help is hard to come by. >> there is a big swath of the county that's totally isolated. the state highways are just totally -- they're gone. >> reporter: one mayor says it's hard to even know where to begin. >> we were so overwhelmed, we don't know what to ask for. >> reporter: and the worst is far from over. governor beshear urging residents to have a safety plan in place. >> it looks like it's going to rain a lot monday, maybe tuesday. >> reporter: so, jim, as you hear, not over. and here in hazard, people are trying to put pieces back together of their lives, when their lives might get hit by floodwaters. and it affects everyone. people who are here are also people month lost everything. >> it happens in an instant.

evan mcmorriphor reumorris-sant. thank you very much. pastor, we appreciate you coming here. we understand you have a lot on your plate. there wasn't much chance to prepare because the flooding came so quickly. tell us how it happened and how you survived. >> well, that night we knew there was rains. that's nothing unusual of course. we had no idea it was going to be so serious. my grandchildren actually were staying overnight. and we have a newer church. and then my parsonage and the old church that's been there since '56. about midnight it started raining so hard that it was clearly coming up into the parking lot. and then it got up into our house. that's when i knew it was really bad because it's never been in our house before. it was about a foot.

so then after that i couldn't see our church. i knew it was bad. but our church has had minor flooding before. but the bigger church and our house had never gotten it in those buildings. and so around 4:00, my son, who was very concerned about his children, had been calling and said how is it outside? i looked outside and a car went by, because there was no lights. it's very dark where we live. and i realized the whole church building, two-story building was completely gone. >> goodness. . >> and when that happened, it also wiped out a house next door and garage. i mean, all the water wiped it all out. there's multiple homes. >> have all those people been accounted for, the people in the homes, the people in your area? >> in our area as far as i know, yes, but not in the entire area. >> yeah. >> there have been -- and i don't know if it's exact or not,

over 20 deaths. and so it's pretty tragic. several of our church members, who would normally be helping us try to fix things, are taking care of their own problems right now. and some of them are in as bad or worse shape than we are in. so we're just thankful that the house was not destroyed with my grandchildren in it. >> goodness, yeah. did you get enough warning to get out of there? >> no. no, we did not know that it was going to be up that fast. i was told that there was, like, 11 inches of rain in 24 hours. and most of that came within just a few hours. and our creek -- the creek in front of our house is small. it's eight or ten feet wide and normally less than six inches deep. >> wow. . >> and it was moving trailers

down the creek and also just wiping out, again, our church was cement. the first floor was cement, and it completely wiped everything out. all you see are scraps of cement. >>en listen, i'm so sorry you to go through this. we wish you the very best as you try to recover from all of this. take care of yourselves. . >> thank you very much. >> tough people there. outfront next, another win for joe biden today. but will this week's legislative victories convince reluctant democrats to support him in 2024? and it is a first. voters in kansas will decide whether the state can get rid of abortion rights. it's the inaugural ballot test since roe v. wade was overturned. minions are bitin' today. ♪ liberty. liberty. liberty. liberty. ♪ minions: the rise of gru, only in theaters.

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new don't, the house just moments ago passed a ban on assault-style were weapons. this was a razor-thin vote, 217-213. it will go to the senate where it is not expected to pass. it comes amid a big week for president biden on an economic spending package and passage of a bipartisan bill to boost america's toque know logical manufacturing, particularly semiconductors. "outfront" tom malinowski of new jersey. he co-sponsored the bill banning

assault-style weapons. good to have you on, congressman. we appreciate you taking time on a friday night. >> good to be on. >> you're aware of the questions inside biden's own party about his viability as a strong candidate to represent the party in 2024. this has been a week of legislative progress for him, particularly on his budget bill that has a lot of things he and democrats have been pushing for for some time on climate, on prescription drugs, even on a minimum corporate tax. does this fundamentally change his position within his own party as we approach 2024? >> i think the -- i'm focused on the next election, not 2024, believe it or not. we have a midterm election that's going to determine which way the wind is blowing in america for the next couple of years. and i think absolutely. we are making the progress that the american people sent us to make. there's nothing that will be

more satisfying to my constituents in a very closely divided district in new jersey than being able to say we're going to lower prescription drug prices while making amazon pay taxes. who can be against that? and we're getting it done. >> you are in one of the few potentially swing districts around the country here. when you speak to voters, what's pushing them right now? you also know inflation is high. it's staying high. interest rates are going up. people are concerned about a recession after two quarters of negative growth. is it the economy, stupid, or are they pay attention to the legislative wins? >> well, the legislative quewins have everything to do with the economy. they want to focus on inflation, not banning abortion. they want us to deliver jobs through infrastructure, lower costs for health care and prescription drugs, dealing with gas price, which are fortunately beginning to come down, not starting crazy cultural wars

over issues we thought were settled many years ago. not having ridiculous debates whether storming the capitol might have been legitimate discourse. so i think, you know, i think this election is basically maga versus the middleclass. democrats are focused on delivering on kitchen table issues for our constituents. and the republicans seem to be consumed with debates that a lot of moderate republicans in my district just don't recognize their party anymore. >> i'm going to put you on the spot here because one of your colleagues, dean fellowships, w phillips, to run in 2024. he expects him as a leader but does not want him to run then. do you agree? >> as i said in the beginning, i'm focused on the next election. it's a strange feature of american democracy that we're having debates about elections three years about who should run three years before that election

comes. and i don't think it's healthy, actually, for us to be having that debate right now. the president should be focused on delivering on the economy, on ensuring that ukraine wins the war against roeussia, protectin america and the world. i don't want him to be focused on 2024 right now. i want him to be focused on issues that matter. >> the liv tour kicked off at trump's bedminster golf course. this happens to be inside your congressional district. we had the former president say yesterday no question as to who is behind 9 /11. but a lot of american golfers taking saudi money to play for. what's your reaction? >> i think this is disgusting. nobody, and certainly not a former president of the united states, should be taking money from the saudi monarchy to help them whitewash their human rights record and to undermine

an american professional sports league. can you imagine if the saudis decided to set up a competitor to major league baseball and offered aaron judge $200 million? a lot of people would be upset. for a former president to be basically taking money to help them do this is something we should all be against. >> tom malinowski, thank you so much for joining us tonight. . >> thank you so much. outfront next, voters in kansas are going to the polls. will they be the first state towards stripping abortion rights after the reversal of roe v. wade. and actor will smith says the words, i apologize but three months after hitting the comedian chris rock. so we offer a complete exam and x-rays free to new patieients witht insurance - everyday. plus, patients get 20% off their treatment t pla. we're on your corner and in your corner every step of the way. because your anything is our everything.

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wichita, the fight for abortion rights is on. kansas will be the first state in the country to vote on whether the right to abortion is protected by the state's constitution since the supreme court overturned roe v. wade. ashley all is part of the coalition working to preserve abortion access in kansas. >> the amendment that is on the ballot will mandate government control over private medical decisions and ultimately pave the way for a total ban on abortion. >> reporter: in 2019, the kansas supreme court ruled that the state constitution protected personal autonomy, including the right of a woman to decide whether to continue a pregnancy. the ruling blocked legislators from passing laws restricting access within the state. if passed, the so-called value them both amendment would give back power to the republican supermajority legislature to regulate access to abortions in the state. >> we believe if this amendment passes, they will act quickly to ban abortion outright. that has been their goal for a

long time. >> adding to their worries, the issue is being voted on in the primary rather than the general election. in a state where registered republicans vastly outnumber democrats, abortion rights advocates believe the move was intentional by state conservatives to limit non-republican turnout. >> i believe that it's best to have as little abortion if not any as possible. >> abortion is a right that everyone should have access to. it's health care. >> i think it's really important for, i mean, all the young babies of the lives that are being saved if it passes. >> i don't want rights taken away. >> reporter: some voters we spoke to were also concerned about the involvement of churches and religious groups. such organizations have been allowed to campaign. >> the value them both amendment -- >> brittney jones welcomes the support. jones, an anti-abortion lawyer, helped write the amendment. >> camdens want to ensure that moms and babies are protected.

so, very concerned about the push to make this an unlimited destination for abortion. >> reporter: though it seems like a reaction to what the supreme court did with roe, jones and her colleagues have been working on drafting the amendment for years. one of their concerns, people coming from nearby places like oklahoma, texas, and arkansas, where abortion is already outlawed to get procedures done in kansas. >> the day the decision came down, we had patients calling us from the waiting rooms of other health centers in other states saying, your appointments were just cancelled. how soon can we get in? >> ashley brink is the director of trust women, one of the four abortion clinics in the state. since roe v. wade was overturned, brink estimated more than 60% of the patients are from out of state. >> what we're seeing right now is a national emergency. >> reporter: the choice on august 2nd may be local, but it will come with national implications. >> a vote that will have national implications that is likely to be decided by a relatively small number of registered voters, jim.

it was earlier today that we got numbers from the kansas secretary of state indicated a projected just 36% of registers kansans are expected to vote in this primary. that seems like a big number for a primary vote, but it's really not considering how significant an issue this is. >> so often you see such low turnout in those primaries. nick valencia, thanks so much. >> you bet. "outfront" next, a new chapter in the slap seen around the world. we're going to hear from will smith, finally. [whiff] [water splashes] is it on the green? [goose squawks] i was just looooking for my ball. 19th hole, sam adams summer ale. [goose squawks] (here you go.) (cheers guys!) ["only wanna be with you" by hootie & the blowfish] discover is accepted at 99% of places the u.s. ["only wanna be with you" by hootie & the blowfish] finding the perfect developer isn't easy. but, at upwork, we found her.

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-- captions by vitac -- www.vitac.com it has now been four months since actor will smith hit comedian chris rock on live tv. the attack was all anyone was talking about at the time except for will smith. but now today he had something to say, posting a five-minute video on instagram, in which he publicly said, i'm sorry. >> chris, i apologize to you. my behavior was unacceptable,

and i'm here whenever you're ready to talk. >> smith also apologized to his fellow actors and oscar nominees for going after rock after the comic, you'll remember, joked about smith's wife, jada pinkett smith. rock addressed the incident this week saying, anyone who said words hurt has never been punched in the face. is this the end of it stay tuned? "ac 360" starts right now. good evening. we begin tonight with exclusive new reporting about one of the most alarming mysteries in the january 6th investigation. what happened to secret service text messages from and around january 6th, perhaps the most traumatic period for the secret service since 9/11 or the attempt on president reagan's life? >> they're in the building. hold. >> they're moving. we need to move now. >> copy.

>> if we