erin, as you just heard there, the feelings of betrayal are deep and run very deep in these border communities. many of these people remember when russian troops marched over the boarder in their villages. that is why the sense of betlal is likely to last long after the war is over. erin? >> jason, thanks so much. seeing all those belarusian houses after the russians had left. they did indeed come from belarus. thank you so much to jason. thank you so much to jason. "ac 360" starts now. -- captions by vitac -- www.vitac.com and good evening. tonight we have major new developments in the january 6th criminal investigation. the former administration's top white house attorney pat cipollone, who warned about dire consequences for the former president's scheme, is now facing the prospect of appearing before a grand jury.

late word that the agency might temporarily disable texting on employee phones while it fixes gaps in how it retains these messages. first, though, what could be far reaching repercussions from primary elections in five states last not. in kansas, a ballot measure to strip abortion rights from the state constitution lost by a wide margin. here's president biden say hailing it as a bellwether for november. >> in a decisive vote, in a decisive victory, voters made it clear that politicians should not interfere with the fundamental rights of women. the voters of kansas sent a powerful signal that this fall the american people will vote to preserve and protect the right and refuse to let them be ripped away by politicians. >> well, tonight, we'll look closer at whether that is likely to be the case based in part on who turned out in kansas and

what polling. in the wake of last night the former president's clout on the republican party. in michigan, congressman peter meijer, one of the republicans who voted to impeach him lost to an election denier, gibbs. mr. gibbs was hardly the only election denier in the ballot last night. arizona republicans nominated a whole slate of them. and truly in keeping with what the man from mar-a-lago said in 2020, kari lake declared victory in a race cnn has yet to call even now. >> there is no path to victory for my opponent, and we won this race. period. she leads now. she has not won yet. however, election deniers have won the republican nod for u.s. senate seat, attorney general,

and arizona top election official. as for rusty bowers, who refused to help overturn election results, he lost his nomination bid to a supporter of the former president. there's plenty to talk about with our panel, david chalian, barbara comstock, david urban, who served as campaign adviser to the former president. david chalian, what does the result in kansas tell you? >> well, it tells me that all the polling we saw nationally, anderson, after roe v. wade was overturned, that's actually -- that bore out to be true in this first electoral test. it is widely unpopular what the supreme court did, and it motivated people to turn out for record numbers in an august primary. i mean, more than 900,000 people voted in this kansas contest, nearing the kind of turnout

almost that the 2018 gubernatorial election had in kansas in november of that year. what it does not tell us though is that abortion is somehow going to replace the economy or inflation as the number one driving issue in november, which it is likely to be. but this is a proof point. it's a proof point for democrats that the overturning of roe can be a mobilizing factor for their supporters. and it's also a prove point for why you hear mitch mcconnell and other national republicans urging their republican candidates, focus elsewhere. talk about the economy and inflation. don't talk about abortion. >> congresswoman come stok, the margin of victory exceeding the margin of victory the former president had in kansas in 2020, a very red state to begin with. what does that tell you? >> i think it tells you that extreme republicans are extreme positions are not winners. we know that donald trump, when

he was in office, he never won the popular vote. he lost the house. he lost the senate. then he lost those two georgia seats. and, you know, he's continuing, i think, to lose -- he's going to lose seats for congress this year. and he's going to lose governor seats. so, i think when you look at some of the election deniers that lost -- i mean that won races last night, that are winning primaries, people like, you know, peter meijer in michigan. and now that seat is ranked a lean democrat seat. so, while the democrats helped donald trump with that, i think now we risk losing -- not only did we lose peter meijer, a great congressman who was independent, a veteran, somebody who was independent minded. we now have an election denier who i certainly hope will lose. we don't need to have him in congress. but really both democrats and republicans deserve to lose. and then when you look at

arizona, that whole ticket, that whole republican ticket, deserves to lose. and i know, you know, david urban has got pennsylvania. but that ticket is a disaster, whether it's mastriano or oz, core republican. but my republican family in pennsylvania does not want to vote for that ticket. >> david urban, let me ask you about this kansas, politics -- >> barbara, we need a barbara. >> democrats didn't get the win in kansas on abortion rights on their own. they had to have help from republicans who voted to keep abortion protections. david irvin, how much of a reality check do you think this might be for some in the gop? >> look, anderson, i think it's a wakeup call. as you pointed out, 14 of these counties in kansas, which went overwhelmingly for trump, right, by 20 points, they supported this -- they voted down this complete ban on abortion by 20 points. that's a 34 point swing. you're voting for trump but

you're voting against this complete ban on abortion. you can be very trumpy, just not for a complete ban on abortions. i would be careful not to extrapolate too much. this is a single bipolar issue. it's either yes or no. when you're looking across the united states whether it's for governor, senator, or congress, you're voting on a personality and a myriad of issues as well. not just are they going to be pro choice or pro life. and mcconnell and others are correct in urging people to speak about things at the top of the list. a poll showed all issues democrats care about, abortion is not even at the top of that. inflation, the economy, lots of issues that people are concerned about this fall that rank far higher than abortion. and i think republicans would be smart to be part of that. >> election deniers in arizona, big night, what does that say about the former president's grip on the republican party? and also where the republican

party goes in the safety of elections in arizona moving forward? >> it says in a place like arizona, donald trump's grip on the republican party, the republican primary electorate is still pretty strong. you have an entire slate of election deniers waiting for that result in the gubernatorial contest to see if kari lake does emerge victorious there. but you have a potential full slate of election deniers in a key battleground state, one of whom, finchem, who's the secretary of state nominee. if he ends up being the secretary of state, he's going to have oversight over the way elections are conducted in this critical battleground state and has disregard for the truth when it comes to the 2020 election. that presents a real problem to the democracy overall. >> congresswoman, how concerned are you about the next governor and to their point the secretary of state in arizona. >> i don't think it will be kari lake. i think she will lose.

but i think republicans need to wake up. people like mike pence and republicans who went in and, you know, supported lake's opponent, you know, just a few weeks ago, they should have been in there a long time ago. and appeasing donald trump and his, you know, conspiracy theories, this has gone on way too long. and, you know, trying to, you know, tiptoe around it, you know, we can't be playing being neville chamberlains to donald trump's conspiracies and trying to humor him. we've got to deal with this cancer that is donald trump on the party. and we've got to -- you know, we've got to cut it out. i mean, he is just killing the party. and i think unfortunately, we're having a situation like we had with the kristine o'donnells and the odd akins and ruchichard mo doms, republicans are going to have to win races like in arizona. we're going to have these bad candidates. until they hit the wall and lose these races, they're not going to wake up.

there are a lot of republicans supporting democrats because of these disastrous candidates that donald trump is forcing down their throats. and people are just sitting back saying, oh, gee, well, we've got to humor the guy. stop humoring him. he's killing the party. >> david urban, with the successful election deniers in arizona, still with some results to come in, do you think there are going to be more republican candidates running on the lie that the 2020 election was stolen in the mid sterms and in the next presidential cycle? >> listen, election integrity issues are a concern for everybody, right, anderson. >> david, that's not -- you can't -- >> let him -- barbara, let him answer. let him answer, let him answer. >> barbara, you haven't heard what i have to say, so just relax fair second, okay? so, whether it's on the right -- why are people voting for these people, right? that's a concern, right? if people on the right and left -- >> people don't believe -- >> i'm just saying, barbara, people clearly believe -- in the

republican party, they believe there's a problem with election integrity. they're voting for people you might not support but they believe wholeheartedly that they're in the right. to the extent that people on both sides of the political spectrum don't trust the election process, it's a real problem. it is a real problem that this country needs to address. and barbara, i'm not supporting it. i'm just saying that we need to figure out and be able to talk to those people to get them back to the center and get them back to reality. it's the people on the left -- >> you have to stop lying. >> so, barbara, barbara, listen. for many years i've been on this network. for the first couple of years of the trump administration where the democrats pushed forward, you know, a russia collusion that somehow in the 2016 campaign the republican party didn't win. you had stacey adrams in georgia never conceding. >> it's not the same. it's not the same. donald trump was last week in washington saying he won the election and republicans were

clapping, a whole group of them. >> david urban, because you've been interrupted, i just want you to have the last word. we've got to go. >> barbara, i'm not clapping and i need your folks in pennsylvania to vote for mehmet oz. have them turn out. >> appreciate it. ahead tonight, what senator elizabeth warren thinks of the vote and what it signals for the democrats holding congress in november. next, why the secret service, which is already facing tough legitimate questions about missing text messages from on and around january 6th could be about to take a drastic step because of those concerns. and the former president's white house counsel called before the grand jury. he told the house select committee a lot but wouldn't tell all. why he might tell the grand jury more and why a judge might compel him to if he refuseses.

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more now on those important developments on the investigations into january 6th that we mentioned at the top of the broadcast, the first sources telling cnn that secret service made disabled text messages all from what has turned into a criminal investigation to have period surrounding january 6th were deleted despite being requested by investigators. the secret service declined to comment. the development comes after significant escalation of the federal investigation as well. cnn has learned that the man liz cheney said tried to do what was right, pat cipollone, has been subpoenaed by a federal grand jury. what's more, sources tell cnn the deputy white house counsel patrick philbin has been subpoenaed. both men have testified before the house committee. i want to talk about this with jeffrey toobin.

would pat cipollone say more to a federal grand jury than he would to the january 6th committee? >> he would have to be forced to because whe obviously made a certain set of requirements that he would talk about certain things but not others to the january 6th committee. but the federal prosecutors will want to know more, especially about his conversations with trump because after all, remember, donald trump is someone who doesn't text, who doesn't use email. so, the only way to determine his intent, which is obviously a central issue in this criminal investigation, is through the testimony of the people speaking with him. >> i know we've endlessly talked about these exec tiff claim privileges, some of them phony, some of them not. how does that get adjudicated? who decides? >> it will go through the courts. it's not just executive privilege here. it's also attorney/client privilege. even though he's a government lawyer, the courts have held there are certain aspect was oattorney/client privilege that

attach when it's a government lawyer. so, it's actually a serious complicated legal issue about what he can testify about. there's also the issue of crime fraud exception which would allow him to testify. but that's going to have to go to the courts. january 6th committee obviously was really running out of time because they're going to be done by election day. justice department has a little bit longer. but this could take months zblmt what does it say about where the federal government is on this, where the department of justice is on this. it seems they have been calling people. >> yeah, this is a really big deal, the change in the justice department investigation. remember, there was criticism for months and months that the justice department was simply prosecuting the people who were trespassing in the capitol. hundreds of people. but essentially all low level people. now it's 100% clear that this is an investigation inside the oval office of donald trump. whether that leads to an indictment, i certainly doubt that. >> do they have enough personnel

for this? i know garland said this is the biggest thing the department of justice has ever done. >> it's really just an amazing demand on the department of justice. they have brought prosecutors in from around the country. you're talking about almost a thousand cases just at the capitol alone, bringing in the grand jury when there's a pandemic and people can't sit next to each other in circumstances, it's very challenging. but the justice department has done an amazing job with the capitol rioters. let's see what they can do with the oval office. >> the secret service text message thing. now the secret service says they may disable text messaging on employees' phones. two sources familiar with the matter are saying that. does it make any sense to you that this is all under the umbrella of the homeland security department. the homeland security department wouldn't know the importance of text messages from january 6th i find terrifying. >> the key question on this whole text message investigation

is incompetence or malevolence. >> right. >> the secret service is trying to make the case, please, please, we're incompetent. we can't even allow our agents to text message in 2022 because we don't know how our system works. that's a pretty appalling thought. but it is not an example of people intentionally trying to destroy evidence. >> right. >> someone outside dhs and secret service has to do this investigation because they are clearly not capable of it. >> jeffrey toobin, thank you. appreciate it. coming up more on last night's surprise out of kansas. gary enten joins us. and we'll talk to senator elizabeth warren live, who grew up in oklahoma, what t this cou mean for the midterms.

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more now on a red state like kansas, which hasn't voted for a democratic president since 1964, could hand pro-choice advocates a major win last night and what it could mean for the midterm elections. to do that, we turn to the one and only senior data reporter we have harry enten. how big a surprise was this? >> it was huge. it was huge. i rarely get shocked by results. if you look at the polling going back to 2012 saying what percentage of kansans believe it

should be mostly or always legal. compare that to the vote that came in last night that basically said we want the constitutional right to abortion in the state of kansas. it's north of 58% right now. so, there's a huge gap between the two of those. we always say 2016 had a massive polling error last night and trump was able to win. the polling error was significantly wider than we saw in 2016. >> what do you glean from voter turnout? >> democrats were very enthused. in the democratic gubernatorial primary, the turnout went significantly higher action compared to republicans where the turnout wasn't nearly as high. we were looking at a 76 or so turnout increase compared to 2018. on the republican side, it was just 46%. what's so interesting to me is in all those other states, republican turnout was up not nearly as much as in kansas, but

the republican turnout had been down. something clearly had changed and democrats are enthusiastic to come out and vote. >> does it portend anything about abortion in other conservative states. >> the line i keep saying is if abortion foes can't win in kansas, where can they win? there are only 17 states that are more antiabortion aworccord to an average of polls than the state of kansas. 33 states that are pro more abortion rights than the state of kansas. given the ballot went down by nearly 20 points, the question i have to ask is if we put this ballot measure on a number of other states, i think outside states in the deep red south, proabortion activists would win. >> what about abortion debate nationally? does this affect it? >> i think it does affect it. more than that, to me we've been seeing in the congressional ballot since before the leak of the supreme court decision to

overturn roe v. wade that republicans had an advantage. they had an advantage of about three points. now that generic ballot average is tied. it's very clear that something's going on because traditionally, anderson, as a student of history, normally the generic ballot drifts towards where the president's approval rating. that's still south of 40%. something has changed. my opinion what has changed is voters are seeing abortion -- more people believe that abortion is a top issue for them than any point in the last 40 years and that is why we're seeing the movement in the congressional ballot. and we saw that play out in kansas last night. joined now by democratic senator elizabeth warren of massachusetts. thanks for being with us. i want to ask you about this vote in kansas. you grew up in neighboring oklahoma, which has a strict abortion ban. people from oklahoma have travelled to kansas for abortion services. what does the outcome in kansas say about where this issue is headed in the midterms and

beyond? >> well, i think this is about where we've been for a long, long time. the polls have shown across this country that americans want to support access to abortion and that they support roe. it's sometimes by small majorities and sometimes by big majorities. but that's where america is. the supreme court, supported by republicans in congress, supported by republicans in state legislators has become so extremist that voters are saying, no, we've got to shut these guys down. and now the threat on abortion, it's no longer theoretical. it's now real. we're not talking about something that could happen. we're talking about something that is happening. and that people truly across this nation feel threatened by what's happening. so, i think that's going to have a powerful influence. roe versus wade will be on the ballot in november. >> president biden signed, as you know action an executive order today aimed at

safeguarding abortion access. he said, ultimately congress must codify the protections of roe as federal law. with the filibuster in place, democrats don't have the votes in the senate to do that. where does that leave you? >> where it leaves us is we need two -- just count them. we just need two more senators, democratic senators, who are willing to get rid of the filibuster, who are willing to turn roe into law all across this nation. and i just want to say, pennsylvania, john fetterman, i'm looking at you. wisconsin, mandela barns, i'm looking at you. there are two places where the different between the democratic candidate and the republican candidate couldn't be clearer. you know, this whole notion of contrast between the parties, roe has just made that as extreme as the republicans have become. the republicans are now the party that say at the state level, at the national level, if we give them power, they're

going to ban abortions for everyone. the democrats are saying, that's not the america we want to be. we are not going to create second class citizens, and we sure as heck are not going to say the government is better at making a medical decision for someone who's pregnant than the person who is herself pregnant. >> as you know in michigan congressman peter meijer lost his primary. he was one of the ten house republicans voted to impeach former president trump last year. democratic campaign leadership invested hundred of thousands of in propping up his right wing opponent. is that an idea you like? >> no. look, i -- i just think that is extraordinarily dangerous. we should have understood in 2016 that having someone who seems outrageous and extremist is not an advance for our country. and actually, that person could end up winning, donald trump.

but for me, this is really about, we don't have to do this. the republicans are making clear who they are. they don't need us to help them. they're the ones out there saying not only no on abortion. they're the ones who are saying they're going to vote against any effort to deal with the climate crisis that's bearing down upon us. they're going to vote against any effort to reduce the cost of prescription drugs for seniors. they're just opposed to this so they're going to vote against negotiation of drug prices. they're going to vote against any effort to say that these billion-dollar-plus corporations should get away with paying zero in taxes. this is truly an election where it's not muddled about who stands on what side. the republicans have gone so far in a direction that is all about extremism while the democrats are still just trying to make this country work and work for everybody.

and i think that distinction is what we're going to be voting on in november. and frankly i feel good about the democrats' chances. >> obviously republicans are pinging democrats as the extremists. i know you're focused on the energy and health care bill, endorsed by senator manchin. you're waiting to see if kyrsten sinema of arizona is going to land on this. cnn is reporting that the bill's proposed tax on corporations is one of the things she's questioning. according to a source, she wants to get rid of the provision of the bill that closes the carried interest tax loophole, which is a loophole that benefits certain wealthy americans, specifically investment managers. have you conveyed a message to senator sinema? do you know where she stands right now? what are your thoughts on this? >> i'm not going to talk about private conversations. >> i knew you weren't. >> you knew i wouldn't. >> i had to ask. >> exactly. but just let me make clear what we're talking about here. we're talking about a special tax break for rich people. we're talking about folks who

live in a little tiny, very high tax bracket are able to pay taxes on their incomes at a lower rate than, you know, the guy who runs the local restaurant, the gal who's the local computer programmer. americans understand that's just not right. and what i really, really love about the direction we're going in with this bill, which i hope we're going to get through in the next day or two, is that it really is a ground breaker. in terms of saying the rich people don't call all the shots on how we write tax laws. look, the republicans back in 2017, what was their one big accomplishment? they cut taxes to the tune of a couple of trillion dollars for rich people and giant corporations. this bill is the inverse of that. it says, carried interest, we're going to skinny up that loophole and not have so much money going

just to rich people. it also says these giant corporations, amazon, for example, that make billions in profits and then turn around and pay zero or very little in taxes, we're not going to do that anymore. we're going to just level the playing field a little bit. and think what that means to every small business that doesn't get away with paying zero in taxes with every employee who doesn't get away with paying zero in taxes, and for every american who says, i just like to see that government works not just for the richest but actually works for everybody. >> and you think you can get this passed? >> and we're going to take a big step in that direction. i think so. it's a good bill, and that's why we should be able -- i should be clear. we won't get a single republican vote because it says, giant corporations are going to have to pay a little more in taxes. it says we're going to cut drug costs for seniors. and it says we're actually going

to reduce carbon emissions by about 40%. and the republican view on that is no, no, no. >> senator elizabeth warren -- >> democrats, we're going to get that done. >> i appreciate it your time. thank you so much. appreciate it. coming up, attorneys in a texas courtroom expose text messages from attorney alex jones which indicate he may have lied. it followed me everywhe. between the high interesest, the fees... i felt trapppped. debt, debt, debt.. so i broke up with my credit card d debt and consolidated it into a low-rate personal loan from sofi. i finally feel like a grown-up. break up with bad credit card debt. get a personal loan with no fees, low fixed rates, and borrow up to $100k. go to sofi.com to view your rate. sofi. get your money right. ♪

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in an austin, texas courtroom today, a brutal cross examination of alex jones who was back on the stand in the penalty phase of a defamation case for calling the 2012 shooting at sandy hook elementary school a hoax. the parents of 6-year-old jessie liu wis who was among one of the 20 students and six adults killed in the attack testified about the held jones inflected on them about the shooting. jessie's parents are asking the families to be awarded damages. today the parents' attorney grilled jones before the jury got the case. at the heart of the trial is obviously what jones had said about what happened at sandy hook and what he now claims he believes. what did he testify to about today? >> he tried to apologize. he said he does now believe, as he has since this case was filed pretty much, that the shooting

did happen. but he never can quite finish the sentence without adding a little conspiracy or a lie twist. in this particular case, he said, while i know this was real, i also know that the fbi covered it up. there was some fbi conspiracy. they knew about this in advance. he's been admonished by the judge to just stick to answering the question and reminded this is not your show, mr. jones. this is a court and you have to tell the truth. he just can't seem to do it, even on the witness stand, anderson. >> and i understand key moments centered around jones' text messages. >> yeah, part of the reason we are here is because jones never cooperated with discovery in this case. he said he never had any text messages related to sandy hook, which set up the moment for the father of jessie lewis to lay this bombshell on the court. >> this attorney messed up and

sent an entire digital copy of your entire cell phone with every text message you've sent for the past two years and when informed did not take any steps to identify it as privileged or protected in any way. and as of two days ago, it fell free and clear into my possession. and that is how i know you lied to me when you said you did not have text messages about sandy hook. >> this is your perry mason moment. >> he was caught in yet another lie. there was no explanation for that. it was mind blowing. we don't know what the texts are yet, anderson, but it was an eye open. >> i was bring in elizabeth williamson, author of "sandy hook and the american tragedy and the battle for truth." elizabeth, can you describe what it was like in the courtroom today? >> i think probably the most notable thing -- and this has been true since the beginning of the trial, which has been going

on for nearly two weeks -- is how uncomfortable jones was. as the judge pointed out, this is not his fact. he makes assertions that are not backed up by fact. and he tends to opinionate in answer to every question. sweat running down his eyes going down to the collar of his shirt. this was just not a familiar environment for him. and mark banks and the family's lawyer presented that with several instances he's lied under oath. >> there were also awkward moments surrounding the judge. >> his show continues and part of the show is to say this is a show trial, that there's a script that the jury and judge are following. and he even has connected the judge to pedophilia in a bizarre way. that moment, awkwardly, was brought up while jones was on

the witness stand today. and seated right to his left was the very judge he was talking about on one of his shows. take a listen to this. >> you say, mr. jones, that you're taking these court proceedings seriously. you're approaching them in good faith. but the truth of the matter is you've been broadcasting repeatedly a picture of our judge on fire, haven't you? >> objection, compound, your honor. >> no. >> the person on the left of this image is our judge, correct? >> yes. >> the person on the right is another judge you don't like, right? >> yes. >> okay. >> i wasn't in the courtroom, but i heard the judge was chuckling about this. but you can see that must have been a very awkward moment for jones to have his own graphic up there on the screen showing the judge's face covered in flames. >> well, i mean, elizabeth, the jury was also able to ask jones questions today. and here's one of the questions read by the judge. and i just want to play this for our viewers.

>> are you aware that this jury consists of 16 intelligent, fair minded citizens who are not being improperly influenced in any way? >> yes, i don't think that you are operatives. i don't think that you are part of a false flag. i don't think that you are bad people. i think you're good people. and i just am very, very critical about the whole process that i've been through so far where i've given, i believe, everything over. and then i'm always told we didn't even though we're seeing it. so, that's why i'm really concerned because a lot of -- >> mr. jones, you wandered off the question. >> what do you think prompted that question, elizabeth? >> so, anderson, if the judge is chuckling in the courtroom, the jurors definitely weren't because mark bankston, the lawyer for the family, presented evidence in his show saying he

was maligning the jurors saying they were blue collars who don't know what planet they are on. so, imagine them sitting there a couple feet away and seeing this broadcast on his show. that was why they asked those questions. >> i see. drew griffin, elizabeth williamson. i so appreciate talking to you. thanks. >> thanks, anderson. >> catch drew's special report on alex jones "megaphone for conspiracy." next the county sheriff refuses to accept the outcome of the 2020 election. why he's not alone in law enforcement whwhen we come back. ♪ ♪ "shake your thang" by salt n pepa i love all types of dancing... salsa, and even belly dancing! i am a triathlete. i've always been into health, and wellness, and fitness... i tried everything with diet anexercise, and nothing worked.

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given the number of election deniers who could get elected this fall, sara sidner discovered some sworn officers are already acting on their own,

conducting their own investigations despite all evidence on the 2020 vote. >> reporter: outside of kansas city, in the state's largest county, the chief law enforcement officer has joined ranks with people who refuse to let the 2020 election lie die. >> how many of you voted in the 2020 election? put your hands down. now, how many of you think your vote counted? see? this is exactly why i'm doing what i'm doing. >> reporter: that's sheriff hayden of johnson county just last month at a conference in las vegas still questioning the validity of the 2020 election results, even though donald trump won his state by 15 points. >> repeat after me. >> reporter: the nearly 2-year-old certified vote where joe biden beat donald trump by 74 electoral votes. >> there's a lot of stuff going on about what happened around

this election. quite frankly i don't know. but we're looking. and what we're looking at is we've got a whole lot of reasonable suspicion and we're starting to develop probable cause. >> he says he's assigning sheriff's deputies to investigate 2020 fraud. >> it's a long, drawn out investigation. and frankly they've got a lot more to do. >> reporter: that's the top election official in kansas during the 2020 election, secretary of state scott schwab, a republican. >> did you find any major voter fraud? >> not in our state. we do post-election audits, and we're one of the few states that do the audit before the board of ca canvassers meet. >> have there been reports of people who have filed reports of voter fraud with the secretary of state's office? >> we had about 12 but they were nebulous. >> you had 12, about a dozen, complaints concerning potential voter fraud to your office.

>> to our office. >> we tried multiple times to talk to sheriff hayden, trying to have him explain why he's spending taxpayer dollars to look into an election that has been certified. >> you know we're still investigating that. it's an open investigation, and we're really not going to make any more comments on it. >> reporter: turns out sheriff hayden is one of several elected sheriffs who say they are looking into mass fraud in the 2020 presidential election, something that has been widely debunked by secretaries of state across the country and dozens of courts. but their ideas are applauded, even incoencouraged by the organization they're a part of, the organizations peace officers association. >> our biggest concern now at the cspoa is election fraud. >> reporter: that was richard mac at the conference he puts on

in vegas. he has formed a whole dues paying organization around the idea of constitutional sheriffs, who he says should not enforce laws they deem unconstitutional, even if passed by legislatures. >> do you think that the 2020 election was fraudulent? >> no one knows that. no one knows that. and people came out like william barr and said, oh, well, there could have been some fraud. but it wouldn't have changed the election. he's a liar. >> secretary -- >> he is a liar. >> secretary of states from across this country have said, we do know that. there was not enough fraud to change anything. and -- >> they're lying. >> hold on -- >> reporter: his view on the attack on the capitol. >> anybody that went and broke into the capitol deserves to be arrested. but what the fbi has done and the way they're going after people and people are still sitting in prison without charges and without trials, what they have done, oh, my gosh.

it proves that the fbi will do anything they're told. they're a bunch of nuremberg officers. >> you just compared the federal bureau of investigation officers -- >> yes. >> -- the rank and file. >> yes. >> to nazis. >> they just do what they're told. >> it is real disturbing to hear someone who was in law enforcement to compare fbi with the slaughter, people who slaughtered 6 million jews and many other people. >> okay. >> do you see how that could create, i mean, a really bad taste in people's mouth to hear a former sheriff say that. >> no, no, no, no. no, no. you're taking that way too far. >> the nerve. you just compared them to -- you made the comparison. not me. >> all right. fair enough. but i will tell you why. because the nuremberg trial brought up one particular point. and it's, you can't hold me responsible because i was just following orders.

>> reporter: he says constitutional sheriffs won't. and there have sees an essential role for them in the electoral process. >> i will tell you one thing. there is overwhelming evidence that cannot be dismissed, and all we're asking for is for sheriffs to conduct honest and fair investigations to determine if there was fraud. >> now, former sheriff mack's contention that alleged january 6th rioters are in jail and have been sitting there uncharged is patently false. there have been hundreds of charges. some people have decided to plead guilty. others, not guilty. some are awaiting trial. there have also been many investigations into the 2020 election vote, including in his own home state of arizona. there were official elections and there was also a partisan

look into this 2020 election. and both of them found, one of them done by the alleged cyber ninjas or the so-called cyber ninjas in maricopa county. they all found the same thing -- >> yep. >> that joe biden won the 2020 election. sheriff mack, though, not guying it, anderson. >> i mean, i can't believe this person was a law enforcement officer. sara sidner -- >> and he's teaching other law enforcement officers. >> great. sara sidner, thanks so much. we'll be right back. announcer: type 2 diabetes? discover the power of 3 in the ozempic® tri-zone. in my ozempic® tri-zone, i wered my a1c, cv risk, and lost some weight. announcer: ozempic® provides powerful a1c reduction. in studies, the majority of people reached an a1c

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