are looking at triple digit temperatures on top of the flooding, no water, no power. >> kentuckians have a resiliant spirit. thank you so much. thank you very much for watching. i'm pamela brown in for wolf blitzer in "the situation room." e"erin burnett outfront" starts right now. >> reporter: out front next, pelosi in taiwan. beijing responds. chinese fighter jets and warships circling taiwan. america's ambassador summoned. zawarahi's house. we are learning new details about the attack. it is election night in america. voters casting ballots tonight in five key states. our john king is standing by at the wall to break down what you can expect. let's go "out front." good evening, i'm erin burnett. "out front," on edge.

house speaker nancy pelosi is in taipei. china is lashing out. nearly two dozen war planes crossing into taiwan's air defense zone. just after 7 a.m. local time in taipei as i'm speaking. speaker pelosi is getting ready to meet with taiwan's president and to visit taiwan's parliament in just these next hours. as we await the meetings and await to see the speaker leave her hotel, chinese president xi has placed them on high alert and launched military exercises around taiwan. the red boxes that are going to pop up, each indicate a place where chinese exercises are now taking place. tonight the biden administration is warning china. >> there's no reason, as i said yesterday, for beijing to turn this visit, which is consistent with longstanding u.s. policy, into some sort of crisis or use it as a pretexts to increase

aggressiveness and military activity in or around the taiwan strait now or beyond her trip. >> now the biden team has been struggling to separate biden from pelosi. for days the administration has repeatedly said that pelosi is there as a member of congress, not as a member of the biden administration, but according to u.s. officials, that is clearly not how china views today's visit. today they're requesting a visit accusing pelosi of deliberately provoking and playing with fire against people's will. pelosi's not dialing anything back, being loud and clear that she's all in here. she writes in an op ed today, quote, in the face of the chinese communist party's excel ler greating aggression, this should be seen as an unequivocal statement that america stands with taiwan, our democratic

partner, as it defends itself and its freedom. will ripley is "out front" in taipei. >> reporter: a resounding show of american support for taiwan in the face of escalating threats from china. u.s. house speaker nancy pelosi landing in taiwan. minutes after pelosi's arrival, china announced a series of targeted military operations in response to the house speaker's visit. state kbleed publishing a map of the drills which began during the overnight hours. some just miles from the taiwanese coast. as pelosi's convoy arrived, a heavy police presence. two groups of protestors gathered outside. some welcomed pelosi's support for taiwan. >> the speaker of the house, nancy pelosi, has been supporting taiwan for decades, and it's very important for me as a taiwanese to be here

tonight to welcome her. >> reporter: others accuse her of escalating tensions. >> translator: right now pelosi and the united states are treating taiwan as a chess piece. once she lands in taiwan, mainland china will retaliate using their own methods. >> reporter: china's foreign ministry calling pelosi's stop in taiwan a severe impact on the one china principle. taiwan says cyber attack knocked some government websites offline. no immediate claims of responsibility. beijing calls taiwan a break away province. the mainland rulers have never controlled the island of almost 24 million people. they refuse to recognize faye juan's democratically elected government. there is an ongoing campaign of

bullying by beijing using the economic power to isolate the island. in a washington post op ed pelosi writes, in the face of the chinese communist party's accelerating aggression, our congressional delegation's visit should be seen as an unequivocal statement that america stands with taiwan, our democratic partner, as it defends itself and its freedom. that sentiment echoed by others. >> for china to turn what is in the historical norm into aid crisis or to try to use it as a pretexts for aggressive action around taiwan, that's on them. and they would be the ones who would be escalating. >> and will is in taipei. obviously, will, where you are, you're ahead here. so it's 7:00 in the morning. speaker pelosi is there and about to start her day. so what do we expect to see in taipei? i mean, exactly how is this going to be core rio graphed?

in these next hours, what could china do? >> yeah. well, we know that these chinese military drills are happening off the chinese coast. they started overnight. not just state media, but the defense ministry, people's liberation army announced these are happening and they put out a map showing some of them are coming literally within miles of the chinese coast. if they're loud enough, people in taiwan on the shoreline might be able to hear china conducting military exercises around the entire island. from speaker pelosi's perspective, we expect to see them go on through the day as planned. so we now have confirmed that at 10:30 local time, 10:30 eastern she'll be meeting with the chinese president and they'll talk about their system here. she's been a real champion for democracy here, erin. it's very young. several decades. the people that are running the

country, a lot of them were meeting illegally in basements and even served time in jail and now they're running the country. that is how fresh and young taiwan's government is. pelosi made it with her statement very clear, she wants to protect that. china never recognized the government here and they say they'll take the place back. these military exercises an attempt to intimidate and send a message ch when china is ready, they will be a part of the country. >> it's 7:07 here. the speaker will be coming out of her hotel, meeting with members of parliament and by 10:30 eastern time, 10:30 in taipei meeting with the president of taiwan. these are going to be very tense and important few hours. so for more i bant to talk to retired vice admiral murette along with abby phillip, anchor

of inside politics sunday. 21 war planes from china into taiwan's air defense zone. stu stand on the coast you might be able to hear the military exercises, some with live fire around taiwan. the ambassador from the u.s. has been summoned by the chinese counterpart. there's been cyber attack. here we are in the next few hours, will this escalate further as pelosi goes to these meetings? >> thanks for the opportunity. i would hope not. i would hope this would be a measured response from china, which we expected, based on speaker pelosi's visit but that cooler heads would prevail and there would be some exercise or activity that will take place for the next few days or so. and the cyber intrusions that you mentioned already.

it would be limbed in scope and a measured response to what is happening there. largely for domestic consumption. i don't think we want to under estimate so much this have is for the chinese public and especially the senior government officials because president xi is coming up this fall. >> the images of the fighter jets, the live fire. that is what they're playing again and again on state television. >> abby. before speaker pelosi went, the president said he didn't think it was a good idea. the administration tried to convince her not to go and yet what we understand is u.s. officials think that chinese officials don't see the distinction between pelosi and biden and they view this as an official state division. >> pelosi and biden are in the same party. she is in the presidential line of succession which is why, by

the way, her visit to taiwan requires a robust military reinforcement on the ground. but from biden's perspective, there are two factors, domestic and international. on the domestic front, republicans have been attacking biden on being soft on china. 3w50id den wants to be tough on china, is tough on china. he believes the united states needs to be or ented more. his own personal view is to push back on china. that is in conflict with what is going on on the international scene. the biden administration believes it's imperative to take down the rhetoric and take down the antagonism between the two parties. it cannot be seen just asletting the chinese communist party determine what the speaker of the house does. >> and she made it clear by making it public she was going to go, right? she took any cards out of his

hands. >> right. and then possibly looking weak. admiral, china's ministry of defense, and this is their quote, knowingly and maliciously provoked an issue in china. i want to look at the words. the use of the words crisis. is this now a crisis, admiral? >> erin, i'd like to think it's not. that came from the minister of defense, not the foreign minister or president xi. those are the kinds of things you would expect to have come from a defense minister which is different from what you might hear from somebody else in government. i'm hopeful here settle down in short order as importantly speaker pelosi goes into these other countries. >> i would imagine they're going to do these meetings and they

leave. some of the democratic criticism has come in stark contrast 267892 senate republicans say they're fully committed to taiwan. here is one of them. >> i'm about to use four words in a row that i haven't used in this way before and those four words are speaker pelosi was right. >> all right. no doubt many of them completely believe what they're saying. they're glad she's going, this is true, but they're also, you know, putting out a letter and all of that. there's politically a games manship going on. >> it helps from their perspective pelosi is apparently, you know, sort of pushing back on biden. >> something -- >> pushing back on biden. something republicans are very supportive of. let's be honest here, the republican position, they are tough on china, democrats are not, is a largely political

construction. the trump administration, personally, was very friendly. trump himself, he loved when xi jinping rolled out the red carpet for him on his vacation. a lot of this is mitt term but as you can see here. pelosi says it is not about pushing back. >> admiral, abby, thank you both very much. stay with us. as i just mentioned, it is about 7:15 a.m. in taiwan. we are standing by for house speaker nancy pelosi to emerge from her hotel, meet with top officials and the president of taiwan. when that happens, we are going to bring it to you live. "out front" next, be on the lookout. u.s. tracked and killed ayman al

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tonight the state department with a warning for americans following the killing of ayman al zawahiri. it comes as we are seeing for the first time the house in kabul where a drone strike took out al zawahiri who was referred to as bin laden's brains by some. one of the masterminds of the 9/11 attacks. nick peyton walsh is "out front." >> reporter: the target is the same as it was on the war. 9/11 turned al qaeda's 71-year-old leader. two missiles hitting kabul's fanciest streets. the al dade leader stepping on to a balcony that had likely for years housed rich westerners working for nato but stepping

out on it dawn sunday for the last time. >> i authorized a precision strike that would remove him from the battlefield once and for all. >> reporter: the biden administration so confident they got the right guy they built a model of the house. they said they didn't need boots on the ground before the strike or after. >> dna confirmation, we're not going to get that confirmation. based on the multiple source and methods that we have gathered the information from, we don't need it. >> reporter: it was a staggering counterterrorism success. born of a failure the u.s. had tried to gloss over. as the u.s. rushed to leave afghanistan, at the end losing control at the close of its longest war. it had tried to suggest al qaeda were degraded, no longer a threat there, pu in truth the group were finding a safe haven there again with concerns last year they might have been able to strike the west again as early as next year. they weren't the threat they were when zawahiri masterminded

savagery at the u.s. embassy in nairobi and u.s.s. cole. they had been eclipsed by the mayhem of isis, but their franchises had spread across the world, often encouraging locals to get other locals. and zawahiri had his hands on some buttons. they felt his recent messages felt a man more at ease, even more complacent. they had followed family members to get him. his most likely successor who was recently in iran, one former afghan official telling me he may have recently left for afghanistan. terror leaders last less long these days. still, the enduring harder questions for the taliban. few believed they had renounced terror like they had the u.s. after 20 years of war. they brought them back to their

safest havens, central kabul. they didn't need to be there. >> it's amazing. when you talk about the safe house. it certainly suggests -- i mean, its that he kabul and it's in a wealthy area of kabul, ties between al qaeda and the taliban. how else could he have been there? it certainly suggests a link. >> there's no way. his profile, living the kind of life he did on be a balcony chilling out in an area like that without at least some high ranking taliban know he was there. there's a huge institution taliban. they've been accused of having al qaeda links and houses in that area. it is a remarkable sign of quite how quickly the taliban went back to embracing just the same people that the united states invaded afghanistan to go after. >> which they promised in a deal with the trump administration to embrace immediately. >> believe that map.

>> now you mentioned the successor, may have gone back to afghanistan. what more do you know about him? >> it's a hot button for the iranians. they thought he was in iran. i've merd from one afghan official who says they think he has moved in the area. it puts him possibly in play. the suggestion he may not have been in top leaders in afghan naas stin, something too. it's a very different antiterror zblimp thank you very much, nick. next, voters casting ballots tonight in five states. one of them arizona where trump and pence-backed candidates are squaring off. john king next. more missing text messages

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tonight polls closing soon in key primary races across five states. all eyes on arizona where the race for governor has been a proxy war between former president donald trump and his former vice president, mike pence. that race pitts trump-backed lake against karen taylor robson who pence endorsed. caroline is "out front" in scottsdale covering this race all the way through and you've been talking to a lot of voters there today, on primary day. what have you learned? >> reporter: well, just about 2 1/2 hours left of voting here, and we've been speaking to a good bit of the republicans who have been coming to this particular polling place. and what they've been telling us is even though the election lie and trump's endorsement has really run through and coarsed through so many of these races here on the republican side of the arizona primary, that the reason why they're coming are other reasons. sure, it may have bumped them one way or the other but they're

driven by issues like the border and cultural issues and the economy. take a listen. >> the left has gone kind of mad, in my opinion, and it just seems like it's un -- it seems a little unfixable. it seems more scary now than it's ever seen. now i'm leaning more towards my conservative leanings that i've always had but i'm losing hope in the left. >> reporter: so what republicans are hoping for though, at least the trump-backed ones, is that what's also resonating and what will resonate is the trump endorsement. donald trump has endorsed a slate of candidates from governor to the u.s. senate race to attorney general as well as secretary of state and some of those candidates like kari lake, who is running for governor, erin, has fully embraced the lie that donald trump won the 2020 election. but as you heard from that voter, they may not necessarily be paying attention to all of

that noise but looking at the issue that affect their personal lives. >> right. thank you very much. the question is whether it is only noise or something much more. john king is out live. what she's talking about, she's in scottsdale, the arizona test is so much about the power of the lie. one candidate is 100% behind it. what are you focused on tonight in arizona? >> i think the point you just made, the depth, the breadth of the cancer in the bloodstream. kari trump channelling trump saying if she's losing tonight, it's because she's cheating. will the establishment win? what do you look for?

where she was just in scottsdale, that's maricopa county, phoenix in the suburbs. to the south, that's pema county. that's 75%. the battle grounds this year, battleground in the next presidential. do they decide to stick with donald trump or do they say, no, we've had enough? >> maricopa and pima counties, those are a couple of hours away from polls closing. in missouri we'll know much earlier and results will come in very shortly. we're watching the senate gop primary. trump released a statement saying he's proud to announce eric has my complete and total endorsement. two of the top three candidates are named eric. eric greider has abuse

accusations against him. even josh hawley has tried to get him to drop out. so what stands out in missouri? >> reporter: number one, crowded republican -- eric schmidt is the attorney general. either of the erics are on the president trump side. this is 2022, a republican. we should not be talking about the missouri race. in a 50-50 senate, democrats do believe it's possible that eric wins this nomination, they have a shot at this seat. if they have a shot in this mid term election, that would be a gift. >> as you point out, not something we should be talking about. when you are testing this litmus

test, how much cancer is in the bloodstream, we are. john king, thank you very much. as we await the polls closing in under half an hour in missouri. january 6th text messages of key trump officials wiped? also those lost from the area. we're on the ground tonight again in kentucky. 9 out of 10 couples prefer a different mattress firmness. the sleep number 360 smart bed senses your movements and automatically adjusts to keep you both comfortable. our smart sleepers get 28 minutes more restful sleep per night. save $500 on the sleep number 360 c4 smart b, queen now only $1299. lowest price ever!

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tonight we are now learning the january 6th text messages were wiped from the phones of key trump pentagon officials. this news comes from court filings after a watchdog group requested texts from chris miller, former chief of staff and former secretary of the army ryan mccarthy. the three are considered key witnesses to understanding the trump administration's response to the insurrection. there is no suggestion that the officials themselves erased the messages, but of course context is impossible to ignore here, right? it comes as the department of homeland security is under fire for the apparent loss of messages from the secret service on that same day. out front now, laurence tribe. house democrats consulted with them on their first trump impeachment over russia.

and ty cobb, he was the lawyer in the investigation. two who know more about this than anyone. professor, let me start with you on this reporting about messages wiped from key department of defense officials phones from january 6th. is it possible that this is a random coincidence? >> no. i mean, i suppose anything is possible. it's possible that all of the air will get sucked out of the room, but when you look at what happened with the secret service and with the department of homeland security and now with the department of defense with keogh figures alls appointed by donald trump, it looks like it's clearly a plot to destroy information that is necessary for ongoing inquiry. that is a serious federal crime under 18 u.s. code section 1519 punishable by 20 years in

prison. so the people who did it, and i don't claim to know exactly who they were, can all be flipped to who got them to do it, and there's only one person, i think we all know his name, who is at the intersection of all of these agencies and who would stand to gain by covering up evidence of the attempt to overturn the democratic election. that's donald trump. >> and you're -- are you suggesting that he would have directed them to actually wipe this or he would have directed them to get rid of -- them, i'm using the word them, because we don't know who, to erase any conversations had with pentagon officials. >> the way mob boss does it, there's a wink and a nod. russia, if you're listening, maybe you could find the 30,000 missing emails. now he may be saying russia, somebody else, if you're listening, if you can help erase 30,000 texts.

it's pretty obvious and you don't have to have his fingerprints directly on the orders. that's not the way these guys work. so i think the justice department clearly has to go after this entire plot, and i believe merrick garland is smart enough to do that. >> ty, where do you stand on this reporting? again, this idea of coincidence? >> yeah, i think we started out with a little crack in the ground and now we've got an abyss like the grand canyon. i don't think we have enough information to make any conclusions. keep in mind, the evidence is the defense department and its secretary and general milli and others including kash patel were hardly on good terms with the president and hardly favored his actions pre and post january 6th. it's a little bit early, i

think, in the information gathering realm to jump to the conclusion that people are going to jail for 20 years. i do agree 100% with the professor that this has to be investigated. you can't ignore context, as you indicated, and he mentioned homeland security, and i think that you have to reconcile those things. i will say those are two completely different types of recordkeeping, those systems, so i'm not sure you can link them but you can't ignore the fact that fool me once, shame on me -- fool me once, shame on you. fool me twice, shame on me. >> all of this, you mentioned the president, the former president is at the center of this. that is the big question all roads lead to. having both of you here with your experience and expertise, the question is whether former president trump will be charged

with a crime. now first, ty, let me start with you here. you see two criminal charges for sure, and maybe four, right? >> well, i've almost lost count. there is the crime of defrauding the united states, crime of pressuring officials to violate their duty, there is the crime of corruptly impeding an official proceeding. there is the crime of assisting an insurrection. there is the crime of inspiring to overturn a fair election and to overturn the government, there is the crime of seditious conspiracy. each of them is backed up by considerable evidence. how many federal crimes do you need before we have to really move quickly because the clock is ticking. >> professor, do you believe -- this is crucial because i want to -- i know that tia degrees with you on part of this but not all.

aiding and abetting an insurrection and seditious conspiracy, these charges, do they have enough? have they proved that to a criminal degree and to put that on the former president, professor tribe? >> i think the odds are the evidence is there. we've seen a good bit of it, but it's only the tip of the iceberg we've seen. we've heard cassidy hutchinson, we've heard a lot of the president's phone calls. we've heard evidence about what those phone calls were trying to get clark to turn the department of justice to do the president's bidding. >> yeah. >> we know that there was a phone call to raffensperger get him to, quote, find, unquote, 11,780 votes. when you add it all up, since we don't know what we don't know, that is, we don't know all the remaining evidence, i can't say the day after tomorrow there is enough to indict, but i can say the trajectory is clear.

the odds that there should not be an indictment before the end of the year, an indictment that can then have a superseding indictment are vanishingly low. >> so, ty, would you agree with that? and where do you see the charges right now that they have? ty, i'm very curious because i think people are very focused on the aiding and abetting insurrection and seditious conspiracy charges. would you go as far as professor tribe on that? >> no, but i am with him. i think -- so as a former line prosecutor and chief of a criminal division in the u.s. attorney's office, there are multiple approaches to indict. some people want to charge multiple counts. some people want to be efficient and let the facts easily solve the elements of a crime. i think the non-reckless way to charge this on the apparent evidence is the conspiracy count, which i favor because it

would bring in others culpable and it would also leverage the ability of the justice department to impress upon others the importance of cooperating in some fashion to get their truthful testimony. i think -- i think the conspiracy to defraud the united states is there in many, many pieces. i think picking the ones -- picking the pieces that best fall together is a chore that the justice department is more than capable of. i also agree on the obstruction of an official proceeding. instruct, influence or impede an official proceeding. i think those charges appear quite significant in terms of the evidence. i think the conversation that the professor just referred to with raffensperger is highly probative.

i think the fake elector efforts particularly in arizona and in georgia are highly problematic. i think the pressure on pence is highly problematic and the entire back and forth between jeffrey clark and, you know, the -- and the request that trump made of acting attorney general rosen and his deputy. >> yeah. so the question is, of course, both of you laying this out, i want to emphasize to everybody in the ven diagram what you agree on. lawyers can have very differing views. merrick garland is going to make the decision, the attorney general, on whether we do this. you've known him for many, many years. he understands what a crucial decision this is. right? it's a legal decision. it will impact the whole

country. will he do it, professor tribe? >> before i guess whether he will do it, it's very notable ty cobb and i agree on so much. he was trump's defense lawyer. it's also notable there are serious crimes even without the fact that donald trump sat there while the mob that he knew to be armed was aimed at the capitol and called his vice president a coward. as to what merrick garland will do, i've known him for 50 years. i know he's a serious, thoughtful person. i don't pretend to read his mind. i would be amazed if he was deliberately misleading the evidence and saying he would follow the evidence where it led. he would not allow politics to make a difference. he would not allow the fact that we're in a political season to make a difference.

all of that he's basically telling the american people that if the evidence shows that trump is almost certainly guilty, he will go after him. that is what the evidence shows. i don't think he was being cute. i don't think he was winking and nodding the way donald trump might have been doing when he got them to do his bidding. >> yet, ty, the stakes are so incredibly high. if he goes ahead with a charge, he needs to know he can win. this is where trump's comes in. will trump's defense that he believed the election was stolen, which is what he keeps saying. you can't blame me, i believed it. i thought it was true. will that defense work, ty? >> i don't -- i don't believe so. i think the evidence -- certainly the evidence which has been presented, of course, without cross examination or challenge, but assuming that the evidence is as presented, there's considerable evidence out there that his own legal

advisers, including eastman on january 4th, acknowledged that, you know, they were acting on a frivolous legal footing. i think that's very damaging to somebody who wants to argue willful blindness. i also think that while trump will -- may argue that defense, i think he's more likely to use the trial in an effort to, you know, deal with his themes that, you know, he's all powerful. he got cheated. he's the if i could make one point in something the professor said which i think is significant is the fact that the professor pointed to with the pence tweet during the almost three hours of trump's inactivity fits very, very perfectly into what i think

should be -- i think congress has the lane here, i don't think that lane is telling merrick garland what to do or pretending that they're leading him anywhere. merrick's case has been moving along at a pace, just because they don't have a press release everyday and have grand jury restraints and lawful restraints on what they're able to share, doesn't mean they haven't been long at it. obviously they prosecuted people who actually went into the capitol en masse. but the pence tweet coupled with the three hour of inaction, in my view, easily fits into the definition of giving aid and comfort to the insurrectionists. and that is the standard under article 3 of the 14th amendment which congress has at its disposal. and i don't for the life of me understand why instead of telling the justice department what to do that they aren't acting on that alone, because if

they have a sense of the congress the penalty of finding trump guilty of giving aid and comfort to an insurrectionist is disqualification from office forever. >> and that, of course, would obviously be very significant as he made it clear, at least as of now, that he intends to run again. thank you both for such a thoughtful conversation. next, first there was catastrophic flooding and now the areas hit hardest in kentucky are grappling with extreme heat. and the biden administration finally sanctions putin's rumored girlfriend, mother of multiple of his children. this after months of hesitation as the u.s. feared escalating conflict with russia. so what changed? ♪ ♪ "s"shake your thang" by salt n pepa

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tonight, no relief for flood-ravaged kentucky as flooded areas now are under heat advisory. the governor saying the official death toll remains at 37 but will certainly rise. evan mcmorris-santoro is in hazard, kentucky. what is the situation on the ground tonight, evan? >> reporter: well, if you were anyone to get out to safety last

thursday when the flood waters rose or be rescued already, the situation is somewhat improving. there's been more power turn on, cell phone service turned on, water is still a problem. there's local state resources available to you. a lot of people are trapped in those hallows that we've been talking about. those places where the one road in or one road out was washed away. now, our photo journalist went up with some medical aide workers today, up into one of those hallows. you can see what it looks like. you take atv through this treacherous terrain to get up to the houses trapped by these flood waters. only one way out was washed away. mark said that the number one thing people are asking for when those medical workers get to them right now is tetanus shots because of how many times they've been cut or stepped on just this horrible toxic debris that has been swept into their yard or swept into their house by these flood water.

there's a lot of things to deal with people up there everyone is most worried about with this heat wave coming in. if they don't have the water or cooling they need, they might be in real trouble when the heat wave comes in. that's the real challenge right now is heat. erin? >> evan, thank you very much. those images are just stunning just to imagine what that is and all of the toxicity, the tetanus shots number one thing they're asking for. next, the united states going after vladimir putin's rumored girlfriend. ♪ ♪ from boston. ♪ it means, “ok-to-beer-fest”. another sam octoberfest? nein. make it ten! i like this guy. (cheers)

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people to russian president vladimir putin. tonight, five months into putin's invasion of ukraine, the biden administration is finally sanctioning putin's rumored girlfriend kabaeva. putin never confirmed having a romantic relationship with her or that the two have children. thanks so much for joining us. "ac 360" starts now. good evening, primary elections night in five state. h missouri, michigan, kansas, arizona and washington. polls are closing just now in all or parts of three of them. abortion is on the ballot in kansas and supporters of the former president's election lie are running in arizona and elsewhere. three republicans who voted to impeach the former president are all facing tough primary challenges from candidates that he's supporting. in arizona, state house speaker rusty bowers, the conservative state house speaker who