>> closed captioning brought to you by feel away optimum, enhanced calming for cats. bad news for lindsey graham and his attempts to dodge a subpoena to appear before the fulton county special grand jury. the one investigating republican efforts to overturn the election results in georgia. a federal judge refusing to put a hold on her ruling at the senator has got to appear. we are getting new information about concerns from inside the biden white house and the intelligence community about classified information taken to mar-a-lago. legal analyst and former federal prosecutor elliot williams, visiting professor of american law university, the author of how to think like a lawyer. and joining us, palm beach county state attorney dave ehrenberg. nice to see you here, we've got a law firm spread happening

right now. who are we billing for this hour? we don't know, but look, it's just a week ago today that we learned from the court that trump was keeping top-secret, highly classified documents at mar-a-lago. we found out the doj interviewed two top white house lawyers about it and next week we may learn what's in the affidavit that made it so urgent for them to actually sees this material. we think about this investigation, that one, a lot has happened in a very short amount of time. what you make of it? >> a lot has happened in a short amount of time, the most significant development right now is what happens with this affidavit. i'll be the first to tell you, i was surprised that the judge yesterday showed as much willingness as he did, in being willing to possibly make portions of the affidavit supporting the search warrant of mar-a-lago available. it's going to be redacted, and

we are not going to see a lot the truly juicy material in it, the question of how many reductions will go into a document and make it in some way valuable to the public interest remains to be seen. but that is the interesting aspect. laura, when you frame it the way you did, it's easy to lose sight of the fact that all of this is remarkable. any search at the home where perhaps multiple people are being might be accused of crimes. it's significant, and we shouldn't lose sight of that. >> 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 is much as there are number of investigations and moments of extraordinary as elliott points out, you also have a lot of excuses that are coming up from the former president and his allies. here's the latest.

>> they want to make him responsible for having taken classified documents and preserve them. if you look at the espionage act, it's not really about taking the documents, it's about destroying them. or hiding them. or giving them to the enemy. it's not about taking them and putting them in a place that is roughly as safe as they were in in the first place. >> so here's my rhetorical question for you. is rudy giuliani right? >> rudy giuliani is making stuff up. i hope he's right. i completely agree with elliott that this is really serious stuff. the big question in my mind isn't even what's in the affidavit, it's what happened to that information that was taken out of the white house, that was various levels of

national security interest. i won't use the word classified because people seem to think that that's what has to be attached to a violation of these statutes and that's not the case. did this information get in the hands of our enemies? was it just seen by people who shouldn't see it? that's the issue. i agree also that 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 with actions, if it's a very lengthy affidavit which i expect it is, i expect the fbi and the doj really did their homework on this one because it's a former president. but the silence can speak volumes to rebut this onslaught of misinformation, an attack on the investigators and the people that are adhering to the rule of law. >> here's my thought, and maybe

the question is, is rudy giuliani wrong in this issue, but my question is, thinking about the way, if past is prologue, we can see in the future, in the not-too-distant one that even if they are redacted 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, they will be able to show xy and z, and if it's redacted, there won't be a retort that's meaningful. do you have those concerns as well about the extent of the reductions or what they might cover even though there's a legitimate reason to redact? >> i think you're right, it shows you why donald trump does not want this affidavit produced. it's worse for him if the world knows the evidence that he has, that he's possibly violated the law, is better for him if he can claim from the sidelines that he wants it released,

transparency, but when it gets released in redacted form, he can point to all of those black marks around the page and say that's what they're hiding, right there. underneath that reduction is where it says trump is innocent or we are targeting this guy. it feeds his narrative, it feeds his martyrdom, and he can raise money off it. all in all, i would rather have this stuff redacted then put out there, we are talking about the identity of confidential sources, you're putting them at risk in this environment, and you would damage the whole investigation. as my colleagues know, if you put this out there, suspects will be alerted to the fact that they are suspects and they will coordinate their stories, witnesses will be tampered with, it's a bad situation. that's why i'm glad that this is going to be redacted, that's what i predict. >> think about it, everyone thinks that baseball is america's favorite pastime. we lawyers know that it's actually litigation, and part

of litigation involves kicking the can down the road. trying to fight another day, trying to move your piece just to stay in the game. is part of this, do you think, a delay tactic all around? talking about transparency, then stopping others in your orbit if you're the former president, to testify the investigation in georgia or around january 6th committee, is it all part of a, do you think a delay tactic to tie things up in litigation and save time? >> laura, i would say call him a hand column b, we have to be sensitive to the fact that when people are parties to the legal system, whether that is a former president or ordinary individual, they have some rights to challenge cases that are brought against them investigations that are brought against them, lawsuits brought against them. you are seeing a little of this with senator lindsey graham in south carolina, attempting to delay being brought to georgia to justify. he has an argument as a former

as a current senator, perhaps some of his communications are privileged. he's also trying to delay and stall and get out of being served process and trying to get out of answering questions. both things can be true but probably, it's more likely that what they are trying to do is stall and get out of this. a lot of these things are embarrassing. >> i didn't mean to cut you off. kim, in terms of senator lindsey graham in particular, he's pointing to the speech and debate saying, i don't have to testify, anything i say essentially what i was saying that day, although i'm a south carolina senator, a judiciary committee, still, and was calling georgia in the interest and pursuant to my legislative function, 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?

>> this is another rudy giuliani situation. it begs the question, was he calling for legitimate legislatively 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've 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 this is not a blanket immunity for lindsey graham, and he lost his argument over and over so far in the courts. i think he's going to continue to lose, on the delay, 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. just a few weeks away from the midterms, and if the house of representatives goes to the

gop, that effort will stop. so, delays have worked for those witnesses, but that's not the way the judicial system works. it does go slowly because there are rules of process, evidentiary rules, appeals, legal, principles that are adhered to and this is a good thing, it can hold out for lindsey graham. >> the january 6th committee legislative function in the court of law, the prosecutorial function has a longer limitations period, let me bring you back in here dave, as we are talking about what's going on in georgia senator graham has asked a judge to take away that subpoena, that's not worked to date so far. one of the reasons they have said, the da fulton county has expressed wanting to have this testimony, you have john eastman, john ellis who lost legal battles this week, 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 this investigation, moving much quicker than january 6th, but, the idea of the court saying, this would be so crucial, not just for what you've done and have alleged done, but what you'd be able to tell and demonstrate. is that where we are going here? >> it's a winning argument for my colleague in fulton county, she will be able to tell the appellate court we need this testimony. because lindsey graham made a phone call to raffensperger the secretary of state just like donald trump did, were the in cahoots? was there coordination? is this part of a larger scheme? she's known for her racketeering cases so this could be part of that, but lindsey graham has no excuse. he should testify, he's not a target of the grand jury. i don't think he will 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 it's a 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 testify. >> 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's an odd thing when you think about what the functions ought to be, but this is a great law firm. i would hire you all and i hope whenever i have legal issues to hire any of you, but thank you so much. we will see you soon. >> we'll hire you, to. >> thank you, kim, i wanted, [ indiscernible - multiple speakers ] we know who orders the food, whatever, thank you so much. nice seeing you all.

every magic partner now is like, really, i ordered the food? i'm just playing with you, i know you do more is managing partners. forget about it, as they say. moving right along, some gop candidates won't even say, won't even say the former president's name. why are vulnerable republicans up for reelection now extending that 10 foot pole and keeping their distance? >> if trump is so tough, if he is so good at everything he does, how has he been such a victim of the deep state so many times? because he's not. because he uses victimization as his way out, and it's really frustrating, it's sad to see my party having gone down such a dark path. ♪ it wasn't me by shaggy ♪

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that's what one anonymous republican lawmaker running for reelection 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 to focus on their parties policies. joining me now to discuss cnn global affairs analyst, and cnn political commentator and commerce men charlie dent. good to see both of you here this evening. thank you so much for joining. me start with you, charlie. i do wonder, if you are at all surprised that vulnerable republicans who were up for reelection are distancing themselves from the former president. does that surprise you? >> not one bit. these numbers are in swing districts, marginal districts, where the former president of the united states was not very popular, and those same members will need to win crossover votes of independence and

moderate democrats in order to win. by embracing donald trump, they limit their ability to get those swing voters. it's 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 lot of members who represent those swing districts anymore. they are clearly in the minority in the house republican comments. >> we have been covering this, the impeachment 10 on all levels and what it takes and what the cause of this is. and you've got this great piece in the new yorker i just read, talking about the upcoming midterm elections. so far we are seeing a very triumphant trump, but you say his opponents are feeling optimistic. and something they are calling, break that down for me. >> that is my coinage. a fancy german word [ laughter ] there has been, in the last

couple months, a counter conventional wisdom that some democratic strategists have put out there this idea that maybe even though history and precedents suggests that the party of the incumbent president is looking to get clobbered in the midterm elections, we are all familiar with it, that dynamic, we understand you look at president biden's of dismal approval rating, spiking inflation and the like, but the counterargument is, not only is inflation coming down but that trump himself would see that he has the biggest rags on republican candidates potentially this fall. republicans after all have lost seven of the last eight presidential elections. the question is i'm deeply skeptical, i have to say when everybody, whenever somebody says to me this time is different, that is basically the sentence that's the preview to every wall street crash that

ever was. and usually the laws of political physics are the laws of political physics but, everything about donald trump is exceptional, it's an interesting argument, certainly what happened in the senate races, which are more competitive often, you see a crop of republican candidates, who are dragging, in the house, they only need to pick up of a few seeds, that history is going to be defined this fall but it's an interesting moment to see were democrats are leaning into this idea that maybe it won't be such a big red wave after all. >> speaking of that point, looking at the political history fear, midterms are a referendum on the current president. but, they could be talking about gas prices or inflation, that might get them wins, but, we are seeing a lot of people

focusing on the election related lies. paying homage to donald trump. if that's the case as opposed to pressing into the issues as susan was speaking about, is normal out the window and this could be an unexpected year? >> first, i think 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 or physics or history. there have only been two midterm election since the 1930s where the party of the president gained seats, in 1998, bill clinton, and again in 2002 with george bush after 9/11. i wouldn't bet against history. having said that, republicans won this election to be a referendum on joe biden and the democrats. to the extent that talking about the january 6th hearings the fbi search of the property of mar-a-lago, and trump,

involving himself in these midterm primaries and disruptive ways, all of these things and where they talk about donald trump especially in the aftermath of the rate of his property, the search of his property, they are not talking about joe biden, they are not talking about inflation in the economy, things that people are more focused on, candidly than some of these other issues. i would also say the democrats may mitigate losses, more because of the dobbs decision has given a certain intensity and energy to democratic voters. you saw what happened in kansas in that referendum. i suspect, this could mitigate democratic losses in the house, and may help them in the senate but i agree that, i don't see a scenario where the democrats when the house right now or maintain the house, the senate, republicans have challenges there have been candidate problems and they are also an issue for those races.

>> the last point here, for the all the investigations that are out there, you got these controversies around the president, i do wonder if this is something that's going to lead to exhaustion being the catalyst for voters as well. >> the trump fatigue is a big factor in 2020, that that was something that you heard across the spectrum when you talk with pollsters who were looking at the results of what voters felt in 2020, that could be true here as well, but, as my friend amy walter put it to me the other day, republicans have a pretty solid bet that voters care more about gas prices than they do about donald trump. and they don't live in the media aqua chamber that we live in, they are not in the news cycle is intensively. as we are. that's one of the factors, things like prices, they affect people day today, in and out, whereas they don't have to live

inside the january 6th news cycle if they choose not to. that's something to keep in mind when you are trying to look ahead into what the political outcome is going to be this fall. >> i didn't realize living outside that bubble was an option. this is news to me on a friday night, thank you so much, both of you, nice seeing you both, have a good weekend. in other news, speaking about what's going on in different places other than washington dc, a judge blocking michigan's 1931 abortion ban today. setting up what could be the fiercest battle yet over abortion access post row. stay with us.

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abortion is still legal in michigan. today, a judge granted a request by governor gretchen witmer to block enforcement of

a 1931 law banning abortion. that was invalid well row was the law of the land. the decision is only temporary, though. back in the spring, witmer sued to block the law from taking effect in the event roe v wade was overturned by the supreme court. talking now with cnn political commentator allison stewart and aretha martin. nice to see you both. i wanted to get with you because this law in michigan makes almost all abortions of felony, there's no exceptions for incest, there's big exceptions for where mother's wife or might be preserved but, we are talking about a 1931 law. herbert hoover is the president. eight years before world war ii. is this what we are right now? women are under the threat of a 1931 law? >> sadly, we are. 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 prosecute women. that goodness, governor witmer 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 to heard this case, talking about a law on the books in michigan that makes it illegal to commit adultery and a saying that he could not remember a time when that law was used to criminalize individuals who did engage in adultery. what we are 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. but, this isn't just happening in michigan, as you know, the criminalization of women who get an abortion and make a decision to terminate a

pregnancy is happening in other states as well. >> the idea of the timing of it, we know there are other trigger laws that go back into effect that have happened after the dobbs decision but i want you to listen to some of what the judge did have to say today. listen to this. >> of the court appreciates both sides of this debate are passionate in their convictions, by not issuing an injunction today the court would send the healthcare 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 without a doubt are a necessary component to create a pregnancy. >> what is your take? he's not wrong, there's certainly passion on both sides of the issue, and obviously to institute it does throw in uncertainty in these areas. >> of this is going to continue to be a battle in the courts until this is resolved, what we are seeing there in michigan, this is become a very political issue because we have in some counties, republican

prosecutors are pushing to try and keep this 1931 law in place to ban abortion, and the more liberal democrat prosecutors are in support with the governor, in terms of working to try and stop this from being the law of the state. but, what's really 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 throughout the state that has received enough signatures for this to be on the ballot in november. the people of michigan will vote on this. you know, laura, i am pro-life, i support protecting the sanctity of life, i do not support abortion except in the case is of 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. this is going to have the best results by letting it go on the ballot in november for the people to decide. >> one of the issues, people often have when they think about some of the shortcomings or pitfalls of democracy is that you are led by the passions which can be waning or intensified by the so-called people, one of the things the judge did speak of, that's part of what happens in our democracy, in part, the judge argued, and you heard him say, if not for this injunction the healthcare system would be thrown into crisis. i wonder, given what you said, this is happening all across the country. the idea that it's happening in multiple states, there's not a lot of legal conformity, let alone clarity, that's a real problem for healthcare providers who, as we talked about in the past, and you and i as well, when you've got healthcare providers before

they decide to render offer services or advice, they are thinking, i better call my lawyer because i got to figure out what i can and cannot do. that's not leaving it up to the people you are supposed to trust in these scenarios. right? >> absolutely, not only are healthcare professionals at risk in terms of not knowing how to interpret these laws, particularly a law that dates back to the 1930s, but also many women in the states don't know what rights they have, and some of these laws that criminalize abortion, they criminalize abortion at 10 weeks, 12 weeks, 14 weeks, often times before women know they are pregnant. some of the exceptions, exceptions that allow for abortions if it's incest or if a woman's life is in danger, a lot of ambiguity about what does that mean for a woman's life to be in danger? so until there is clarity and clarity on what choices women should have over their own bodies, we will continue to see

these legal battles taking place in michigan, and in other states. >> you are right about the ambiguity and what will come of it, that's what laws are supposed to be for. we won't have clarity tonight, but we'll be back in just a moment. ♪ the odds of the universe forming, your parents meeting and birthing you is basically zero. so what is life but chance, and every moment... a bet. like hearing your alarm betting if the milk is still milk betting on the durability of grocery bags and betting when politics will come up at dinner. yes, every moment in life is a bet.

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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 one third of the crashes are caused by impaired drivers. more tonight from cnn pete

muntean. >> reporter: the headlines are relentless and indiscriminate. in indiana, four dead including a member of congress. los angeles, five dead. in illinois, eight dead, including all six members of the 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 from the national highway safety traffic administration shows 9560 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 more than 70% in the first quarter. last week near richland, jonah holland 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 writing her on her. >> i'm really sad that we have all of this because of a death. >> these are not accidents. we have a preventable public health crisis. >> reporter: evening collin lost her 12-year-old son to a car crash. now is the cofounder of families for safe streets, she says the goal is not just fewer deaths, but zero deaths on our roads. safety advocates put the onus on automakers and governments, local, state, and federal, to attack the issue from all angles. transportation secretary pete buttigieg says redesigning roads to be safer is a top traorc for the biden administration, using funds from the bipartisan infra structure law. >> it's as if we were living through a war. we cannot and must not accept that these fatalities are

somehow an inevitable part of life in america. >> reporter: the latest federal data says one third of motor vehicle deaths are caused by impaired drivers. the insurance institute for highway safety says alcohol detection systems that stop people from drinking and driving could save 9000 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. >> was interesting is that this is very much an american problem. transportation secretary pete buttigieg says in canada the traffic fatality rate is about half of ours in the u.s., in europe it's about a quarter. here's who is being hurt the worst according to secretary but a judge. those in low income and rural communities. especially people of color. laura? >> thank you.

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the national weather service forecasting a multi-day significant rainfall event. when? this weekend, in the southwest region. heavy rain and flash flooding won't be enough to rollback the

water cuts. now, people in arizona are figuring out how to deal with a long-term mega drought. here's cnn bill lear. >> reporter: summer monsoons are adding a few precious inches to the lake mead water line, but not nearly enough. america's largest reservoir, still 25 feet lower than last summer, so this fall, parts of phoenix we'll see unprecedented tier 2 cuts of their share of the colorado river, joining arizona farmers at the end of the water rights line. >> to you for see a day when it's tier 3, tier 4 mandatory cuts that will get really severe? >> absolutely. i'm genuinely worried about the possibility of the system hitting deadpool. i absolutely am. >> reporter: deadpool is when meat gets low enough to crash the whole colorado system. when catherine sorensen was running water departments in phoenix and mayza it was the biggest worry, but now it's worse. the feds are begging western states to cut up to one out of

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

governor wants to build a desalination plant in mexico and canals in kansas to bring more water eventually, but in the meantime the call to use less puts fresh scrutiny on thursday industries like golf. especially after an arizona republican investigation found that 30 to 50% of courses use more than their share of water with little oversight. state records show that the water cost of arizona have issued a punishment against the golf course exactly twice in the last 20 years. it's obvious that from the feds down to the locals, people aren't lining up to be the tough sheriff, desperately needed to tame water use in the wild west. >> i don't golf. i don't feel a need to defend golf. but i will say people focus on it because it's visible. there are lots of things about what we do, what we consume, what we eat, what we wear that are 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 to grow subdivisions or do we want to have high density development that's more water efficient? those are the conversations we need to have. >> cnn, phoenix. >> bill, thank you so much. we'll be right back. i know there's conflicting information about dupuytren's contracture. i thought i couldn't get treatment yet? well, people may think that their contracture has to be severe to be treated, but it doesn't. if you can't lay your hand flat on the table, talk to a hand specialist. but what if i don't want surgery? well, then you should find a hand specialist certified to offer nonsurgical treatments.

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>> closed captioning brought to you by meso book.com. cnn hero was moved to action when she saw that her

sister who has down syndrome had no way to keep learning and growing after being mandated out of high school. so, deanna cofounded the college for students just like her younger sister. allowing more people to experience the magic of college. >> high, 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. we have 10 schools of instruction, and they get the same access to the area of classes that any college student can select. i want for every student that walks through our doors to be treated like they are thinking intellectual that they are. >> i love you. >> my experience with my sister, is to be a better more authentic transparent person.

i'm so humbled each and every day by their depth, the ideas and ways to make the world a better place. >> to see the full story, go to cnn heroes.com. everyone, thanks for watching, our coverage continues. welcome to all of you watching us here in the united states, canada, and around the world. ahead on the cnn newsroom, the white house is raising concerns about the classified documents former president trump may have been keeping at his florida estate. plus, russia signals its willingness to cooperate with inspections of the ukraine power plant, as the potential slow-moving natural disaster. and we are keeping a close eye on a tropical system