we're back with a major development tonight, the fbi executing a search warrant at donald trump's mar-a-lago home. the former president broke the

news himself just hours ago. multiple sources tell cnn the search is related to the handling of classified documents and where documents were kept. cnn's randi kaye and sara murray are covering the very latest. this is such a huge night to think about what's going on right now. extraordinary developments continue to come out, sara. what are you learning about this fbi search at mar-a-lago? >> absolutely. these are very wild circumstances because we're talking about a former president and he broke the news. he released a long statement saying the fbi had even searched a safe that he had. we've been told by multiple sources this is related to the presidential records act. this has to do with materials he took when he left the white house potentially classified documents that he took and we know from earlier reporting the national archives said they had recovered 15 boxes of materials that the former president took with him, but what this was focused on is where he was keeping classified or possibly classified materials, whether

anything was left behind. it did seem like a bit of a shock even to the trump people because they said they had had lawyers that were engaging with investigators on this issue. >> on that point, randi, you're on the ground in palm beach county, boxes, 15 others reclaimed by the national archives, boxes were still taken by the fbi this time around. what more can you tell us? >> reporter: we know boxes of items were seized, were removed today from mar-a-lago. our colleague evan perez and gabby orr confirming this information. the people with the fbi included examining where those document were kept apparently and separate sources telling gabby orr documents were seized in those boxes of items. as sara just mentioned, the national archives had alleged that classified information in documents had been removed from

the white house and brought here to florida to mar-a-lago. 15 of those boxes were recovered as you said, but they did want to know if anything was left behind according to a person close to this investigation. so we can also tell you that the key take-away here is that the boxes of items were taken, the documents were seized, but also that there was some coordination between the fbi and the secret service. donald trump was not here today. he was in new york city and there was only a small footprint of secret service on the ground at mar-a-lago. that's the usual case when the former president is not on the premises, but we've confirmed with a person familiar with this investigation that the fbi had been in touch with secret service to make sure they could gain access to mar-a-lago. they were in touch with them before the search warrant was executed. they didn't want to have any complications apparently once they got on the ground here. >> what keeps striking me is they want to know where documents were kept and i keep

thinking were they wanting to find information about the security of those documents, not just what it was, but how they were housed? i wonder what is the former president saying about this search and how about his legal team as well? >> well, as you might expect, the former president had a lengthy response. i'll give you a taste of it. he said in a statement these are dark times for our nation as my beautiful home mar-a-lago in palm beach, florida, is currently under siege, raided and occupied by a large group of fbi agents. nothing like this has ever happened to a president of the united states before." of course, he's referring to this search by the fbi agents. one of his attorneys pointed out that trump and his legal team have been cooperative with the fbi and doj officials and she said the fbi did conduct this search and said that it was unannounced and they seized as she put it paper, but you know what randi was talking about, documents. it did seem to be a bit of a surprise to these folks that

they had already been engaging with investigators on this issue and then to see this unannounced search take place. >> when i hear an unannounced search, i think they might believe something is fleeting or might have legs and walk away. there had to have been some breakdown in communication even with the conversation between the lawyers and, of course, doj. there still was something not trustworthy about what was said or to dot one's i's and cross one's t's. we read that statement, but we're hearing from eric trump as well tonight. what is eric trump saying, randi? >> reporter: he went on fox news tonight talking about this raid and he offered his own explanation to sean hannity as to why the fbi showed up at mar- a-lago in florida today. this is what he said. >> the purpose of the raid from what they said was because the national archives wanted to corroborate whether or not donald trump had any documents in his possession. my father has worked so

collaboratively with them for months. in fact, the lawyer that's been working on this was totally shocked. he said, "i have such an amazing relationship with these people and all of a sudden no notice, they sent 20 cars and 30 agents." this is just more political persecution of donald j. trump. >> there you have an explanation from eric trump. >> whether it holds water is a different story, but i suspect we'll find more information coming ahead. thank you so much. i want to bring in chris swecker, former fbi director of the criminal investigative division, also here former federal prosecutor kim wehle, author of how to think like a lawyer and cnn political analyst jonathan martin, co- arthur of "this will not pass trump biden and the battle for america's future." wow, what a night. you got the fbi raiding essentially, donald trump's words, executing a lawful

search warrant we understand at mar-a-lago. this is the most recent predecessor to our incumbent president of the united states. chris, explain what it would take for the fbi to get a search warrant like this. this is not just a typical you have to have obviously probable cause, that obviously had to be this, but imagine saying to a judge by the way, the subject's home is that of the former president of the united states. what would that have looked like and taken? >> yeah. there would have been quite a workup process preparing the affidavit, getting it reviewed by fbi lawyers, getting it reviewed by doj lawyers, getting it approved at the fbi headquarters director level i am certain and approved by the attorney general himself. i can't imagine the process being any less than that. then you have to work up -- the affidavit would have to show there's a crime being committed and there is probable cause a crime is being committed and there's evidence of that crime

at that specific location. it would have to be narrowed in scope and tailored for what they were looking for. they would have to have some specifics about where the evidence is and i would submit probably some indication by the agents that the evidence was not forthcoming any other way, but it sure is an extraordinary set of circumstances and i can't imagine, my 25 years, last three in the fbi as head of the fbi getting a search warrant. >> meaning it would be something frivolous or that it was a former president? >> yeah. it would look political. the optics would be bad. we applied for search warrants for congress and got turned down on that very basis several times. even if there are violations occurring, the optics of this

and the political nature of it and the backdrop is something that we would not have been able -- i can guarantee we would not have been able to get through a search warrant under these circumstances. >> jonathan, i see you nodding in affirmation that would be a striking thing to do. there have been and still are ongoing investigations, impeachments, grand juries pertaining to president trump. do you see indications in the reporting that this time there is some real peril for the former president? >> yeah. i think the bar is really high and look, the doj would never admit this. they know the politics of this are so sensitive. they are on the highest of high wires with no net beneath them and they recognize that they cannot get it wrong here. i think they would not have taken this step without maximum caution knowing how grave the politics are and knowing that they would trigger precisely

the reaction from the right they got tonight by executing this raid. i can tell you having interviewed the former president at mar-a-lago for our book this will not pass. it's a fascinating place that is both club and home. i don't think people fully realize this who are watching this. this is a fully operational private club. yes, it's the former president's home, but he has guests there most evenings dining out on the patio. it doubles as both his own residence and an actual club where members come to day in, day out. they have valet parking. there's a short of front desk person. they have buffets of food set up inside. so i think to try to paint a picture, laura, for folks at home who perhaps are trying to imagine what this premises is like. it's pretty rare for a former president and by that i mean it's unheard of to run a private club at the home that he lives in, but that is mar-a-

lago. >> well, on that note i'm hearing jonathan talk about all the things that are there and the people i think access points that. if there's classified material there, my immediate sort of guard goes up and says that's points of entry to access and maybe see and view documents they should not be looking at. this investigation may actually be about the handling of classified documents, but there's, of course, that real question, kim, as to why these documents would be not at the national archives, but at mar-a- lago. what's your impression? >> right, laura. there's something called the presidential records act which mandates that at the time a president leaves office automatically all of his white house records belong to the american people and they go directly to the archivists. there are also criminal laws that are in place for destroying, concealing documents and what's really i think remarkable in this moment is, one, and i'll cite it 18

usc, 2071 provides in addition to a three-year potential prison term for concealing or destroying documents, the person who is convicted cannot hold office again. so i think this is probably a moment for donald trump who teflon don who has never really seen any accountability over his entire personal and professional career and pushed every constitutional legal boundary you could conceive of, in this moment for the first time is seeing the wheels of justice push back against him and i think what this demonstrates as your other guests have explained is that merrick garland is willing to carry this ball across the finish line regardless of the fallout. as a constitutional scholar, i think that is absolutely crucial to preserving the democracy, the rule of law because otherwise what we have in this moment, laura, is a green light for future presidents to just use the massive powers of the office to commit crimes and the fact that

he brought 15 boxes of documents that we know of to mar-a-lago including reportedly communications with north korean dictator kim jong un, i think the question is what happened to these documents? what's the story beyond just taking them out of the white house? my guess is that's not the beginning and end of the story here. >> of course, they could be shared in some way. if this was a lawful search warrant, they could be using it in perhaps other investigations or could lead a certain trail and follow that thread. jonathan, you had a point? >> i was going to say what's so striking in the hours since we first learned of this raid, laura, is this sort of falling in line among republican lawmakers, even some going out on a limb who don't have to do that before they know all the facts. i that i that impulse to sort of rally around the former president most strikingly from house gop leader kevin mccarthy who in a tweet is sort of all

but warning merrick garland that they're going to come after him next year, he ought to save his documents if the gop has the house majority, is a vivid illustration of the grip the former president still has on a lot of people in his party. those politicians are responding like they are entirely because they believe their voters are still attached to trump and the lawmakers effectively are following the lead of what they think their voters want. that explains trump's enduring hold on the party seven years on. >> it will be curious to see. chris, i'd like to know what you make about trump's focus in particular on the fbi searching trump's safe. we had former staffers say it seemed they got a tip from someone close to the former president that this safe would be an area to find something. is that an indication maybe he

thought the safe was, well, safe? >> i don't know. apparently nothing was in the safe is what the report said i've read. executing a search warrant is like dragging a big fishnet through the ocean. you try to narrow and only take the things that are listed in the search warrant, but that's almost impossible to do.

all roads lead back in this moment i think to the american people january 6th. >> we will see what they find, figure out what it is and see if it results in anything of a criminal action. so far all we know is what

we've really heard from donald trump himself, everyone. thank you so much for being part of the program. the fbi searching mar-a-lago on the anniversary of richard nixon announcing his resignation. stay with us for much more on the search. retinol pro plus. a powerful .5% retinol that's also gentle on skin. for wrinkle results in one week. neutrogena®. for people with skin. i'm jonathan l awson here to tell you about life insurance through the colonial penn program. if you're age 50 to 85, and looking to buy life insurance on a fixed budget, remember the three ps. what are the three ps? the three ps of life insurance on a fixed budget are price, price, and price. a price you can afford, a price that can't increase, and a price that fits your budget. i'm 54, what's my price?

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the ergo smart base from tempur-pedic responds to snoring - automatically. so no hiding under your pillow. or opting for the couch. your best sleep. all night. every night. experience the mattress ranked #1 in customer satisfaction by j.d. power, three years in a row. we're back now with through developments of the fbi search on former president trump's home at mar-a-lago in florida. joining us now presidential historian tim naff naftali and i'm glad you're here. tim, you and i have talked a lot about the history of nixon and beyond. this is a former president of the united states. he had his residence searched by the fbi.

this is truly a historic moment. what's your reaction? >> i just remember learning about how the special prosecutors treated former president nixon almost with kid gloves when the former president participated in a deposition linked to the grand jury and there was no doubt in my mind that there was a very high threshold that doj felt it needed to reach in order to involve a former president in a criminal investigation. now i'm convinced that a similarly high threshold had to be breached for the garland doj to do what it did today, which is why i think more is involved than simply the fact that the former president is holding classified records in something other than an authorizedededafe. that's a bad thing, by the way, and deserves to be investigated, but i just can't

believe that today's dramatic event would have happened if it were solely a matter of classified material that shouldn't be at mar-a-lago. >> a part of me agrees in a very real way because for many people who are hearing the news today, the raid, olivia, was monumental. then the idea of classified documents, many probably thought wait, didn't we hear about this before, even the public hearing of the national security, the january 6th committee? that was a while ago. why would they still be looking at this right now which leads many to believe maybe there's more to this, but there are others familiar with the trump white house, olivia, who have been remarking on the lax approach that there was in general to document preservation. i'm wondering if you see this as just par for the course or something more troubling and nefarious here. >> what i'm concerned about what has happened here in terms

of the lack of preserving the documents and presidential records, but even more concerned that this is classified information that clearly they have reason to believe is there, was there and they're trying to figure out where the paper trail is and the more concerning part is did it fall into foreign adversary's hands or what happened to it regardless of what it says, right? that's one concern that i would say. anybody in national security like myself who has had a clearance and anybody, we'd be in jail if we had done any of this. we would have been charged no questions asked. we would have responded to this and explain later. i've been in the pentagon many years ago when somebody was escorted out of the office and told to defend themselves later. this is a very real thing. when i'm listening to you talking right now about watergate and nixon resigning and i'd have to say what has been striking to me tonight is when nixon resigned, many republicans after a year of

hearings had turned against him at that point, right? that's kind of what forced the hand here as well with the resignation and everything going on with the investigation. tonight we're seeing nothing but undermining of the rule of law and department of justice and fbi by the rhetoric of elected officials and more right-leaning figures and it's a coordinated propaganda machine that's out in front of this. i have to say that's very concerning actually because it's increasing the undermining of this entire thing and it's attacking our rule of law and it's also increasing the potential for violence across our country. >> i mean certainly, tim, there is the extension of benefit of the doubt. most people hear somebody's home raided, imagine if it was a layman, a civilian, a regular person, and their home was raided. juries tend to think to themselves at least in the court of public opinion well, they wouldn't have gone in if they hadn't thought something

was there, but there's a protection happening right now in an assumption about a former president and i can't decide whether that is good for our democracy to have that benefit for a president or bad for our democracy. what is your take? >> my take is that it's good for our democracy to have warrants and the former president in his statement today compared what happened at mar-a-lago to watergate in reverse, but the difference is that in the case of watergate the committee to reelect richard nixon did not have a warrant to investigate the democrats, to break into the democratic national committee headquarters, whereas today the fbi was executing a warrant. now i think that we need to wait and learn about the basis of probable cause and you're the lawyers, but i know that the next step in this process is that whatever they find will find its way to a grand jury likely and we may hear about an

indictment at some point or we may not, but i cannot imagine that our country at this toxic moment, that a court in our country would allow the fbi to do what it did today unless there was probable cause and given that it's a former president, i believe that probable cause is probably enormous, in which case i think we should just wait and perhaps we will learn, maybe not soon, but in a few months, the reason why our department of justice felt this was a necessary act because it is dramatic and indeed initially it's going to feed the fire of those who believe that this is an unfair system towards populous, but if we give it time, the process time, to develop the information that might be acquired or might have been acquired might tighten the argument that we're seeing being seen, that we've seen developed by the january 6th committee that the president, the former president, was at

the center of a conspiracy ultimately to push for an armed insurrection to undermine the electoral count. >> we will see. olivia, tim, exactly what might unfold. i wonder if this does not result in further action, we can only imagine how that talking point will extend and how it will be viewed and possibly affect the perception of the credibility of what ought to be the apolitical department of justice. everyone, thank you for being here tonight. look, with the fbi's search of mar-a-lago only a few months out from the midterms, remember those? i mean like 90 so days away, the question is how are voters going to respond to all this? that's next. unexpected heartburn... frank is a fan of pepcid. it works in minutes. nexium 24 hour and prilosec otc can take one to four days to fully work. pepcid. strong relief for fans of fast.

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made to do anything so you can do anything. we're back with more on the shocking news tonight, fbi agents executing a search warrant at mar-a-lago. former president trump's home

in florida. the search had 15 boxes taken from the trump white house to mar-a-lago. a lot to talk with to mark mckinnon, executive producer of the circus and cnn political commentator bacari sellers. mark, i want to begin with you because a former president having their residence searched by the fbi is undeniably big news, but there's a lot at play here legally, but also i mean the political implications of this are massive. are they not? >> it's an earthquake. there's no other way to describe it, laura. i mean on the legal side merrick garland has said nobody is above the law including the president, which i agree with, but it better be a very serious felony and not just so misdemeanor because what this is doing, this is polarizing both sides of the equation. democrats are jumping up and down saying aha, we're fine going to get them and

republicans are saying all the conspiracies are true. they can't get us politically and trump is so powerful electorally they're worried about him running again. from trump's point of view this is perfect for him. he wants to be a martyr and i've said all along the way to beat trump ultimately is at the ballot box because if he goes through some legal entanglements, he will be made a martyr. that will only animate his base in a way it's never been animated before. >> bacari is it sort of a if you do or don't, if you pursue allegedly wrongful behavior, you're shunned or vilified? he's already blaming democrats. i'm wondering your take on this and what the administration might need to consider to prove it's all been done by the book for reasons mark talked about. >> i think you have two things here. i love mark, but one of the

things we have to value is there's something a lot more valuable that weighs heavily on this country than just the showmanship and game of politics and that's our fragile democracy and that is nobody is above the law. i believe one of the things you'll see to answer your second question is the independence of this department of justice unlike during the trump years, when donald trump used the department of justice as a political tool, we do know joe biden stayed out of the fray and direction as you're supposed to with this department of justice. i think that's one step you'll see play out. this had to go to the highest levels of the department of justice and the fbi and the secret service in order to coordinate something of this magnitude, but joe biden in south carolina is not someone who is orchestrating or pulling the strings. regardless of the magnitude of this, this is about democracy. this is about someone who has abused and prostituted the constitution of the united states. i'm pretty sure it has something more to do than just

boxes of classified documents, but we shall see. >> on that point i mean, mark, the midterms are about 91 days away and there have been already primaries happen, more happening tomorrow, of course, but for the general election that's coming up where people are talking about potentially the loss of the majority for democrats in one chamber. will this have an impact on how election plays out? >> unquestionably. if i'm joe biden, i'm pretty frustrated by all this. >> really? >> four hours ago when we booked this show, bacari and i were going to talk about the great legislative victories of joe biden and he doesn't even get one day to talk about it. >> a lot can happen in four hours, mark, as we see. >> don't we know. listen, i think the democrats and biden were very excited about the legislative accomplishments and had some momentum about this. this is a huge diversion and one that may ultimately hurt

trump, but it could help in the short run. >> do you agree, bacari? >> look, i don't know any democrats running in any competitive united states senate or congressional seat that are going to run ads talking about aha, your president about to get in indicted, like that's not going to happen, but they do have a story to tell, the inflation reduction act, the pact act. you can talk about republicans if you're someone who is a united states senator currently who voted against insulin caps. there is a story to tell for democrats, especially those in very, very competitive districts. at the end of the day i think this is another news cycle, another story, but many republicans want to wash their hands of donald trump. they just won't say it loudly. >> we shall see who is more exhausted, who is clutching what pearls and what happens next. thank you so much. four hours from now whole different ballgame, by the way.

wednesday votes against new abortion restrictions and another, state politicians pass a near full abortion ban, the divide of post roe america is evident and we'll talk more about it next. plus we'll remember singer and actress olivia newton-john. i . yep, them too. it's an invigorating rush... ...zapping millions of germs in seconds. for that one-of-a-kind whoa... ...which leaves you feeling... ahhhhhhh listerine. feel the whoa!

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well, indiana is now the first state to pass a restrictive abortion law since roe v. wade was overturned by the supreme court earlier this summer in the dobbs decision. the law banning most abortions goes into effect next month. it provides exceptions for when the life of the mother is at risk and for fatal fetal anomalies only up to 20 weeks post fertilization. it allows exceptions for some abortions if the pregnancy is a result of rape or incest. let's talk about it now with alice stewart and ashley allison is here as well, nice to see both of you ladies. ashley, i'm worning what your impression is because does this strike you as the beginning of states making abortion next to impossible? was kansas the anomaly and the outlier here? >> well, we definitely know that there are states that have traditionally leaned republican that will try and outlaw abortion, but i think what is unusual about the moment we are in is i don't think kansas will

be the outlier. i think indiana -- while kansas was a ballot initiative, i think indiana, their state legislature voted to ban abortions and we know in november approximately 25 seats in indiana are up for election and so voters will have the opportunity to say i don't want these people to represent me. so i don't think kansas is an outlier. i think we will see across the board not just on ballot initiatives, but in state legislature races as well as in federal races for the house and senate that voters will say a woman should have a right to choose and that is settled law. the supreme court overreached and we don't want people representing us that don't believe that either. >> alice, does this strike you as a disconnect from what we know from the polls of what the majority of americans or those concerned with these issues feel? that was part of the concern

about justice alito's opinion, the idea of returning it to the states and states ultimately wanted there to be some access and exceptions. what do you hear as the next hurdle or what you see now? >> look, each of these legislators in the state ran on their pro life positions and they were elected based on their pro life positions and they are executing laws based on that and what we had with the supreme court ruling i think was the correct decision, was taking this very important decision about choosing life over abortion out of the hands of nine unelect the justices and putting it in the hands of elected officials in the states and these legislators are enacting a law that they think represents the will of the people that elected them. i happen to be someone who does advocate for exceptions for rape, incest and life of the mother, which is the case here. i think it should be throughout the term of the pregnancy and i think that is an important first step, but they also make a very strong case for making sure that the penalty is on the

abortion provider and the medical doctors that perform these abortions would lose their license, but to ashley's point, the key here is if this is not reflective of the will of the people, if the people in the state do not agree with this, then those people need to be elected -- someone else needs to be elected in their place. this should be an issue and cause for people to go out and vote for people that represent their values. the ballot box is there for a reason and if this isn't the will of the people, then elected officials will be voted out of office. >> ashley, to that point, part of the concern is the time it takes for democracy to flush out would be for many people well beyond the guardrails that are in place or requirement if one wanted to get them, but i hear your requirement about democratic principles, but speaking of the provider, dr. caitlin bernard who was the doctor who provided abortion

services for a 10-year-old rape victim who crossed state lines in ohio in june tweeted this. "how many girls and women will be hurt before they realize this needs to be reversed" and she'll keep fighting for that. what does that fight look like? is it the idea of the ballot box? is it exceptions opposed to 20 weeks and beyond? what does that fight look like now? >> i think this fight has to have multiple layers. the first step is definitely people voting in their primary and making sure people are on the ballot that actually represent their values and then voting in the midterms, but we can't just engage in one election. it has to be ongoing and we have to hold our elected officials accountable, but we also have to look at the judiciary. the biden administration is appointing judges on the district and appellate level and obviously the historic nomination of ketanji brown jackson, but we need to make sure the biden administration continues to appoint justices that are pro life and that actually represent the will of

the people and then with the ballot initiatives just like we saw in kansas, there is opportunities across state levels for folks to collect signatures and make sure that people can stand up against election officials who are not actually saying that a woman should have bodily autonomy. so it's not a one solution approach. there is multiple layers and this will take many, many years. alice has said before that this has been 50 years in the making for conservatives. so we cannot expect for this to be overturned just in in election. we have to be committed to making sure that all citizens, all people living in this country, have their constitutional rights and having access to abortion is one of those rights. >> you agree on one thing completely, that democracy is the path forward. thank you, ladies. >> thank you, laura. >> thank you. olivia newton-john passing away today at age 73. up next we'll remember her magnificent career. and for unx heartbur

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tributes are pouring in for singer and actress olivia newton-john who died today. her "grease" co-star stockard channing saying, "i don't know if i've known a lovier human being. olivia was the essence of summer. her sunniness, warmth and grace are what always come to mind when i think of her. i will miss her enormously." in 1978 playing sandy in "grease" opposite john travolta made olivia newton-john an absolute star. ♪ better shape up you better understand to my heart i must

be true. ♪ you're the one that i want. ♪ >> over the course of her career she sold more than 100 million albums, scored multiple number one hits. ♪ let's get physical i want to get physical. ♪. >> newton-john was known as an advocate for breast cancer research and also early detection. she was diagnosed with the disease in 1992 and then again in 2017. just over a year later she revealed she had the cancer at the base of her spine. olivia newton-john was 73 years old. thank you all for watching. our coverage continues.

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a warm welcome to our viewers joining us in the united states and around the world. i'm max foster in london. just ahead -- >> former president trump is now confirming that the fbi executed a search warrant on mar-a-lago. >> how big of a deal this would have been within the department of justice and the fbi. >> they were not messing around. they were going after the records they wanted particularly the classified records. >> they ar