bad news. lindsey graham in his attempts to dodge a subpoena to appear before the fulton county grand jury in an effort to overturn the election results in georgia. a federal judge refusing to put a hold on the ruling. we're also getting new information about concerns inside the biden white house and the intelligence community about classified information taken to mar-a-lago. joining me now to discuss legal analyst and federal prosecutor

elliot waylens and also joining us palm beach county state attorney dave aaronberg. we have a whole law firm spread happening right now. i love it. who are we billing right now? we don't know. i'll begin with you, elliot, here. it is just a week ago we learned from the court that trump was keeping top secret, highly classified documents at mar-a-lago. then we find out the doj interviewed two top white house lawyers about it. early next week we may learn what is in the affidavit that made it so urgent for them to seize this material. when you think about this investigation, that one, this, a lot has happened in a very short amount of time. what do you make of it? >> you know, a lot has to happen in a very short amount of time, laura. you know, i think the most significant development right now is what happens with this affidavit. now, look, i will be the first to tell you i was surprised that the judge yesterday showed as

much willingness as he did and being willing to possibly make portions of the affidavit supporting the search warrant of mar-a-lago available. look, it will be redacted. i think we're not going to see the truly juicy material in it. now, the question of how many redactions will go into a document and still make it in some way valuable to the public interest remains to be seen. but that's the thing after this. but, laura, when you frame it the way you did, it is easy to lose sight of the fact that all of this is remarkable. any search at the home of the president of the united states where perhaps multiple people might be accused of crimes is itself quite significant. and we shouldn't lose sight of that. >> you're absolutely right. taking a step back, this is a lot happening involving a former president. the former president's home has been searched. there are documents that are there. and as much as there are a

number of investigations and moments of as elliot points out here's the latest, kim. >> they want to make him responsible for having taken classified documents and preserved them. really, if you look at the espionage act, it is not really about taking the documents. it is about destroying or hiding them. or giving them to the enemy. >> right. >> it's not about taking them and putting them in a place that's roughly as safe as they were in in the first place. >> so, kim, here is my rhetorical question for you. is rudy giuliani right? >> rudy giuliani is making stuff up. i mean, i hope he's right. i completely agree with elliot that this is really serious stuff. i mean, the big question in my mind isn't even what's in the

affidavit. it is what happened to that information that was taken out of the white house that was of various levels of national security interest. i'm not going to use the word "classified" because people seem to think that's what has to be a violation of these statutes. that's not the case. did this information get in the hands of our enemies, or was it just seen by people who shouldn't see it? that's really the issue. it's odd that the judge did what he did. on the other hand, he might be taking a page from merrick garland's book and calling donald trump's bluff because the trump team, that camp has not asked to have this affidavit released. and there might be stuff in there, even redactions, if it is a very lengthy affidavit, which i expect it is because i expect the fbi and the doj really did their homework on this one because it is a former president, but, you know, the silence could speak volumes to

rebut this onslaught of misinformation and attack on the investigators and the people that are adhering to the rule of law. >> here is my thought, dave, on this. my question really is, just thinking about the way in the pas past, we could see when you have redactions, even if they are we dakted for all of the right reasons according to the rule of law and by the book they will be used as talking points to say, what is the government hiding? they don't want you to see this if they can show x, y and z. if it is redacted, there won't be a retort that's meaningful. do you have those concerns as well, about the extent of the redactions and what they might cover? >> yeah. i think you're right, laura. it shows you why donald trump does not want this affidavit

produced. because it's worse for him if the world knows the evidence that he has, that he has possibly violated the law. it is better for him if he could claim for the sidelines that he wants it released, transparency. but when it does get released in redacted form, he could point to all the black marks around the page and say that's what they're hiding there. underneath that redaction is where it says, that's where trump is innocent. so it feeds his martyrdome. that's what he wants. he could raise money on it. i would rather have the stuff redacted because you are talking about the identity of confidential sources. you are putting them at risk. and you could damage the whole investigation. as my fellow colleagues now, if you put this out there, suspects will be alerted to the fact that they're suspects and they're going to coordinate their stories. witnesses will be tampered with. and all in all, it is a bad situation. so that's why i'm glad that this

thing is going to be redacted. that's what i predict. >> everyone thinks that baseball is america's favorite past time. we lawyers know that it is actually litigation. and part of litigation involving kicking the can down the road, you know, trying to fight another day, you know, trying to move your piece just to stay in the game. is part of this a bit of a delay tactic all around? talking about transparency but then stopping others in your orbit for the president to testify about the investigation in georgia or about the january 6th committee, is it all part of a delayed tactic to tie things up in litigation and save some time? >> you know, laura, i'd say a little bit of column a and a little bit of column b. we have to be sensitive of the fact that when people are partys to the legal people, whether that is a former president or an individual, they do have some rights to challenge cases that

are brought against them, investigations that are brought against them, lawsuits that are brought against them. you are seeing a little of this in senator lindsey graham in south carolina, attempting to delay being brought to georgia to testify. he has an argument that as a current senator perhaps some of his communications are privileged, right? but he's also trying to delay and stall and trying to get out of being served process and trying to get out of answering questions. so both things can be true. but, no, i think probably it's more likely that what they're trying to do is just stall because a lot of these things could be embarrassing. >> excuse me. i didn't mean to cut you off. in terms of senator lindsey graham in particular, he pointed to the speech and debates clause saying i don't have to testify. everything i say, what i was saying that day, although i am a south carolina senator, i'm on the judiciary committee, still

am, and was calling georgia in the interest and pursuant to my legislative function, so therefore i should not have to be called to testify or be subpoenaed. is he right? does he have a legal leg to stand on there? >> well, this is another rudy giuliani situation. i mean, it begs the question was he calling for legitimate legislative reason or was he calling for an illegitimate one, to get georgia to cancel the electors for joe biden and fraudulently swing the state to donald trump? the speech and debate clause which i have written about for "politico" does protect legislative speech. it doesn't protect anything that comes out of the mouth of a senator or member of the house of representatives. so, no, this is not a blanket immunity for lindsey graham. and he's lost this argument over and over so far in the courts. and i think he's going to continue to lose. on the delay thing, i think we have to -- i can't help but

remind us of the other thing that's happening, which is the january 6th committee. that does have a deadline, right? we're just a few weeks away from the midterms. and if the house of representatives goes to the gop, that -- that effort will stop. and, so, delays have worked for those witnesses. but that's not the way the judicial system works. and it does go a bit slowly because there are rules of process, evidentiary rules, appeals, legal principals that are adhered to. and i think that's a good thing. and i think, you know, it can hold out for lindsey graham. >> again, the january 6th committee legislative functions. and there is a court of law, right, had a longer limitations on the very notion. let me bring you back in here, dave, because we're talking about what's going on here in georgia because obviously senator graham asked a judge to take away that subpoena that has not worked to date so far. but one of the reasons they have said the da of fulton county

expressed wanting to have his testimony. we have jenna ellis who also lost a legal battle this week. they're saying, look, this is about trying to uncover information they have, not just about what they know, but others who might have more information. is that going to be a winning argument in the sense of, look, this investigation seems to be moving much quicker than obviously january 6th and otherwise. but the idea of the court saying, look, you are so crucial. not just for what you have done or have alleged to have done, but what you might be able to tell and demonstrate. is that where we're going here? >> yes. and i think it's a winning argument where my colleague in fulton county will be able to tell the appellate court, yes, we need this testimony because lindsey graham made a phone call to the secretary of state. where they in cahoots? was there coordination? known for her racketeering

cases, so this could be part of that. but lindsey graham really has no excuse. he should testify. he is not a target of the grand jury. in fact, i don't think that he'll be prosecuted there in georgia because, first off, the call that he made to the secretary of state was not recorded, unlike trump's call. and also because of the he said-he said situation, prosecutors are less likely to pursue it because he said-he said without a recording gives you reasonable doubt. reasonable doubt gets you an acquittal. there is no excuse. he should do the patriotic thing and just testify. >> well, you make a great point about the idea of somebody who makes the law trying to avoid the execution of the law in a courtroom of the law. it is always an odd thing to me. you think about what the functions ought to be. but this is a great law firm. i'd hire you all. i hope i never have legal issues to actually hire any of you. but thank you so much. we'll see you soon. >> we'll hire you too, laura. >> thank you. kim, thank you. i wanted to be a fourth person.

whatever. thank you so much. nice seeing you all. look, every partner is like, really? i order the food. i'm just playing with you. it's friday night. i know you do more as managing partners. whatever. forget about it, as they say. some gop candidates won't even say, won't even say the former president's name. so why are republicans up for re-election now keeping their distance? >> if trump is so tough, if he's so good at everything he does, how has he been such a victim of the deep state so many times? and because he's not. because he uses victimization as his way out. it is really frustrating. it is sad to see my party having gone d down such a dark path.

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i don't say his name. that's what one anonymous republican lawmaker running for re-election in a competitive district is telling cnn about former president trump. it comes as the man leading house gop campaign strategy, minnesota republican, tom emmer is advising candidates to steer clear of trump and focus on their party's policies. susan glassier and republican congressman charlie dent. good to see both of you here this evening. thank you for joining. let me start with you here, charlie. because i do wonder if you are at all surprised that both of the republicans who are up for

re-election are distancing themselves from the former president. does that surprise you? >> not one bit. these members are in swing districts, marginal districts where the former president of the united states is not very popular and those same members will need to win crossover votes of independents and some moderate democrats in order to win. so by embracing donald trump, they just limit their ability to get those swing voters. it is as simple as that. that's why they're not going to say his name or do anything that would seem to embrace him. the truth is there aren't a whole lot of members that represent those swing districts anymore. they are clearly in the minority. >> we have been covering the impeachment ten on all levels, the idea of what it takes and what the cause of this is. susan, you have this great piece in the new yorker i just read talking about the upcoming

midterm elections. so far we're seeing a very triumphant trump, but you are saying his opponents are feeling optimistic and something they're calling trumptimism. break that down for me. >> that's my coinage. a fancy german word. look, there has been in the last couple months a counter-conventional wisdom that some democratic strategists have put out there, this idea that maybe, well, even though history and precedence suggest that the party of the incumbent president is looking to get clobbered in the midterm elections, we're all familiar with it, that dynamic. we understand you look at president biden's abysmal approval ratings, spiking inflation and the like. but the counter argument is, well, not only is inflation coming down, but actually that trump himself would be one of the biggest drags on republican

candidates potentially this fall. you know, republicans, after all, have lost 7 of the last 8 presidential elections. so the question really is, you know, i am deeply skeptical, i have to say, whenever somebody says to me, this time is different. you know, that is basically the sentence that is the preview to every wall street crash that ever was. and usually the laws of political physics are the laws of political physics. but, you know, everything around donald trump is so exceptional because there is an interesting argument. certainly what's happened in the senate races, which are more competitive often that gerrymandered house races. you see a crop of republican candidates who are sort of dragging down their republican prospects to take down the senate. in the house, though, they only need a pickup of just a few seats. so i'm still not convinced that history is going to be denied this fall, but it is an interesting moment to see where democrats are leading into this

idea that maybe it won't be such a big red wave after all. >> charlie, sticking to that same point, looking at the political history here, i mean, midterms are normally a referendum on the current president. you know, they could be talking about gas prices or inflation that might get them wins. but we're seeing a lot of people focussing on the election-related lies. sort of paying homage to donald trump. if that's the case, as opposed to pressing into the issues, is normalcy out the window, and this could be quite an unexpected year? >> first, laura, all of us have to exercise a certain degree of humility when we make predictions about the midterm. i tend to agree with susan. i would not bet against political gravity because there are only two elections since the 1930s where the party of the president actually gains seats. that was in 1988, bill clinton,

and after 9/11. i wouldn't bet against history. now, having said that, look, the republicans want this election to be a referendum on joe biden and the democrats. but to the extent that talking about the january 6th hearings, the fbi search of the property at mar-a-lago and involving himself in these midterm primaries and very disruptive plays, all these things, the more they talk about donald trump in the aftermath of the search of his property, you know, they're not talking about joe biden. they're not talking about inflation and the economy, things that people are actually more focused on candidly. i would also say the democrats may get some losses, more because of the dobbs decision. the dobbs decision has given intensity to democrat voters. we saw what happened in kansas in that referendum. and i suspect that will give

us -- this will mitigate losses in the house and may help them in the senate. i just don't see a scenario where the democrats win the house right now or maintain the house. the senate, on the other hand, republicans have challenges. there have been some candidate problems that are quite obvious. and the election is also an issue for those races. >> last point here, susan, the idea here, for all the investigations that are out there, you have all these controversies swirling around the president. i do wonder if this is something that is going to lead to exhaustion being the catalyst for voters as well. >> you know, laura, i always felt that trump fatigue was a big factor in his election defeat in 2020, that that was something that you heard across the spectrum when you talked with pollsters who were, you know, looking at the results of what voters felt in 2020. i think that could be true here as well. but, you know, as my friend amy walter put it to me the other day, republicans have a pretty

solid bet here that voters care more about gas prices than they do about donald trump in that they don't live in the media echo chamber that they live in. they're not in the news cycle as intensively as we are. i think that's one of the factors, right? because things like prices, they affect people day-to-day and in and out, whereas they don't have to live inside that january 6th news cycle if they choose not to. so that's something to keep in mind when you are trying to look ahead into what the political outcome is going to with that fall. >> gosh, i didn't realize that living outside that bubble was an option. this is news to me on the friday night. nice seeing you both. have a good weekend. well, in other news, speaking about what's going on in different places other than washington, d.c., a judge blocking michigan's 1931 abortion ban today putting up what could be the fiercest battle yet over abortion access post-roe. stay with us.

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today a judge granted a request by governor gretchen whitmer to block a 1931 law banning abortion. that was invalid while roe was the law of the land. this decision is only temporary, though. back in the spring, whitmer sued to block the law in the event roe v. wade was overturned by the court. nice to see you both.

i want to begin with you because, i mean, this law in michigan makes almost all abortions a felony. there is no exception for rape or insist. there is vague exceptions for if a mother's life needs to be preserved. but we're talking about a 1931 law. herbert hoover is the president. is this where we are right now? women are under the threat of a 1931 law. >> sadly, we are, laura. we are at this point in this country, and we are seeing prosecutors in the state of michigan, 13 or so, who said they would use this law to actually prosecute women. and thank goodness the governor had the foresight to go into court before roe v. wade was overturned to get a temporary injunction to prevent prosecutors from using this law to criminalize abortions. i love some of the passages in the order by the judge who heard this case talking about a law in

the books in michigan that makes it illegal to commit adultery and saying he could not remember a time when that law was used to criminalize individuals who did engage in adultery. so i think what we're seeing is this selective prosecution by some who would choose to criminalize abortions, criminalize women who exercise their reproductive rights in a state like michigan. but, yet, turn a blind eye when it comes to things like adultery. this isn't just happening in michigan, laura. as you know, the criminalization of women who get an abortion, make a decision to terminate the presidency is happening in other states as well. >> yeah. the idea of the timing of it, we know there are other trigger laws that go back into effect that happen after the dobbs decision, but listen to what the judge did have to say today. listen to this. >> so the court appreciates both sides of this debate, are passionate in their conviction. by not issuing an injunction today, the court would send the

health care system into crisis, the extreme cost of which would be put on the women of our great state and not lost on the court without any repercussion for the men who are a necessary component to create a pregnancy. >> what is your take? he's not exactly wrong. there is certainly passion on both sides of the issue. and obviously to institute it does throw some uncertainty in these areas. >> right. and this is going to continue to be a battle in the courts until this is a final rulesult. this is a political issue because we have in some counties the republican prosecutors are pushing to keep this 1931 law in place to ban abortion and a more liberal democrat prosecutors are in support with governor -- with the governor in terms of working to try and stop this from being the law of the state. but what really is going to happen and what should happen is it should go into the hands of the people.

and that will happen. there has been a ballot initiative passed around the state that has perceived enough signatures for this to be on the ballot in november. so the people on michigan will vote on this. look, you know, laura, i am pro life. i support protecting the sanctity of life. i do not support abortion except in the cases of rape, incest and life of the mother. but ultimately, this should be in the hands of the people. i was fully in support of roe v. wade being overturned. this is not a decision that should be in the hands of nine unelected justices, but rather elected officials at the state or the people. so this is going to have the best result by letting it go on the ballot in november for the people to decide. >> of course, one of the issues people often have when they think about some of the shortcomings or pitfalls, shall we say, of democracy is that you are led by the passions, which can be waning or, you know, intensified by the so-called

people. one of the things the judge did speak of, that's of course part of what happens in our democracy in part, the judge argued that, and you heard him say, if not for this injunction, the health care system would be thrown into crisis. and i wonder, given what you said, this is happening all across the country, the idea that it's happening in multiple states. there is not a whole lot of legal obviously conformity, let alone clarity. that's a real problem for health care providers who, as we -- you and i talked about in the past and alice you and i as well on this very issue, when you have health care providers before they decide to offer or render services or advise are thinking, i better call my lawyer because i have to figure out what i can or cannot do, that's not leading up to the people you are supposed to trust in these scenarios, right? >> absolutely, laura. not only are health care professionals at risk in terms of not knowing how to interpret these laws, particularly a law that dates back to the 1930s,

but also women. many women in these states don't know what mights they have. and some of these laws that criminalize abortions, they criminalize abortion at 10 weeks, 14 weeks, oftentimes before women even know they are pregnant. some of the exceptions, exceptions that allow for abortions if it's incest or rape or if the woman's life is in danger, a lot of ambiguity, what does that mean? so, again, until there is clarity, and clarity on what choices women should have over their own bodies, i think we're going to continue to see these kinds of legal battles taking place in michigan and in other cities. >> well, you are right about the ambiguity and what will come of it. we won't have clarity tonight, but we'll be right back in just a moment. looking at your full financial picture.

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a disturbing trend to report tonight. federal officials say the number of americans killed in traffic accidents in the first three months of this year hit a 20-year high. about a third of the crashes are caused by impaired drivers. more tonight from cnn's pete montene. >> reporter: the headlines are relentless and inchris dim nate. in indiana, four dead, including a member of congress. in los angeles, five dead.

in illinois, eight dead, including all six members of the debose family. the losses tell the story of what safety advocates call a crisis on our roads. >> the overall numbers are still moving in the wrong direction. >> reporter: new data shows 9,560 people were killed on u.s. roads in the first three months of this year. that's a 7% jump over the same period last year and the highest for a first quarter in 20 years. >> we had hoped these trends were limited to 2020, but sadly they aren't. risky behaviors skyrocketed and traffic fatalities spiked. >> reporter: virginia saw one of the biggest increases nationwide with traffic deaths spiking 70% in the first quarter. last week this athlete was cycling along a county road when police say she was hit and killed by a suspected drunk driver. thursday fellow cyclists held a

benefit ride in her honor. >> i'm just really sad that -- that we have all of this because of a death. these are not accidents. we have a preventable public health crisis. >> reporter: amy cohen lost her 12-year-old son to a car crash. now as the co-founder of families were safe streets, she says the goal is not just fewer deaths, but zero deaths on our roads. safety advocates put the onus on auto makers and governments, local, state and federal to attack the issue from all angles. pete buttigieg says redesigning roads to be safer is a top priority for the biden administration using funds from the bipartisan infrastructure law. >> it is as if we are living through a war. we cannot and must not accept that these fatalities are somehow an inevitable part of life in america. >> the latest federal data says a third of motor vehicle deaths

are caused by impaired drivers. the insurance institute for highway safety says alcohol detention systems that stop people from drinking and driving could save 9,000 lives each year. just one way to help solve an epidemic on the roads that got worse with the pandemic. >> this is preventable. we just need our leaders to have the political will to put in place solutions to save lives. >> reporter: what's interesting about this, laura, is this is very much an american problem. in canada, the traffic fatality rate is half of ours in the u.s. in europe it is a quarter. who is being hurt the worst according to secretary buttigieg, those in low-income and rural communities, especially people of color. laura? >> pete, thank you. the southwest expecting significant rain fall this weekend, but it is unlikely to provide much relief for a region that's preparing for major water

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the national weather service forecasting a, quote, multiday significant rain fall event. when? this weekend in the southwest region. but heavy rain and even flash flooding won't be enough to roll back the water cuts. now people in arizona are figuring out how to deal with a

long-term megadro-drought. >> reporter: summer monsoons are adding a few precious inches to the lake mead water line, but not enough. this fall, parts of phoenix will see unprecedented cuts of the arizona river, joining farmers at the end of the water rights line. do you foresee a day when it is tier three, tier four with severe cuts? >> absolutely. i'm worried about this system heading deadpool. >> reporter: you are? >> absolutely i am. >> reporter: deadpool is when mead gets low enough to crash the whole colorado system. it was the biggest worry. but now it's worse. and the feds are begging western states to cut up to one out of every four gallons consumed.

>> i know from our reporting there was some western water managers that were frustrated that the bureau of reclamation wasn't tougher. they said you guys work it out or we'll work it out for you, but they didn't do that. what are your thoughts on that? >> well, it is disappointing because the longer we have to endure the uncertainty, the more at risk the entire system is. and i don't envy the federal government, you know, the biden administration. they have some really tough choices to make. no elected official wants to be the one saying who gets water and who doesn't. i'm sure they're desperately searching for the least worst option. but in the meantime water levels continue to fall. >> and we will invest heavily in conservation, efficiency, reuse and advanced water technologies like desalination. >> arizona's outgoing governor wants to build a desalination plant in mexico and canals in kansas to bring more water

eventually. in the meantime, the call to use less puts fresh scrutiny on heavy industries like golf, especially after arizona public investigation found that 30% to 50% of courses here use more than their share of water with little oversight. state records show that the water cops of arizona issued a punishment against a golf course exactly twice in the last 20 years. so it's pretty obvious that from the feds down to the locals, people aren't exactly lining up to be the tough sheriff desperately needed to tame water use in the wild west. >> i don't golf. so i don't feel i need to defend golf. but i will say this. people focused on it because it's visible. but there are lots of things about what we do, what we consume, what we eat, what we wear that are also very water intensive. i don't like to think of it in terms of we don't have enough water. i like to think of it in terms

of, what do we have enough water for? do we want to build semiconductor factories or grow cotton. do we want high density that are more water efficient? >> bill, thank you so much. we'll be right back.

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college for students like her younger sister, allowing more people to experience the magic of college. >> hi, everybody. >> college of adaptive arts is a lifelong equitable collegiate experience for adults with special needs of all different abilities who historically haven't had access to college education. >> you hit that right there. >> we have school's instruction and they get the same access to every classes ta any college student can select. i want for every student that walks through our doors to be treated like the thinking intellectual they are. my experience with my sister has helped me to be a better, more transparent person. i am so humble each and every day by their depth that ideas and ways to make the world a

better place. >> to see the full story, go to cnnheroes.com. and thanks for watching. our coverage continues. good evening. and welcome to what might be called the perfect phone call stage involving the former president. perfect phone call was the call that got him impeached. he called it a perfect phone call after his supporters and enablers made a slew of excuses, none of which held up. he embraced the called and said it was perfect. that is where we landed of unprecedented revelations since the fbi agents executed a lawful search warrant at mar-a-lago and came away with 11 sets of documents the former president was not allowed to have. including four sets of highly classified material. the