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the department of justice preparing to release a redacted version of mar-a-lago search warrant affidavit in a matter of hours. the affidavit laying out why investigators believe there was probable cause that crimes have been committed. but we don't know yet how much

will be redacted and how much will be revealed. i want to bring in now former deputy fbi director andrew mccabe, author of the threat, how the fbi protects america in the age of terror and trump. also former federal prosecutor elliott williams, and former watergate prosecutor nick akerman. perfect people to have here today, thank you very much andrew, and start with you today. the redacted search affidavit will be released by noon tomorrow. this is what judge bruce reinhart said for tomorrow. the government has met its burden for compelling good reasons good cause to seal portions of the affidavit because disclosure would reveal one the identities of witnesses, law enforcement agents and uncharted parties. two, the investigation strategy, direction, scope, sources and methods. and three, grand jury information protected by federal rule of criminal procedure. andrew, given these --

what do you think the doj left in for the public to see because that's a lot that they didn't want to show there. >> yeah so don, i think it's pretty clear that the judge respected the three categories of information that the doj desperately wants to keep secret. so, what we're likely to see in the affidavit tomorrow are all those facts and pieces of information that we're already aware of. i think the doj probably left as much of that material in as they possibly could. so, this is basic details about the residents to be searched, the location, the history leading up to the search. those things that we've all been aware of some for sometime. and then of course, there's additional revelations this week, in the form of official government statements. that have acknowledged additional facts like the letters from the national archives to the trump folks. so, to the extent that that stuff has been revealed over the last week, i would expect that if that's in the affidavit

it will also be not redacted. so, available for us to review. but essentially, i doubt we'll learn very much there. >> andrew, no matter what's in there, right, the ex president is going to try and spin it, he's going to scrutinize whatever is released, try and figure out clues about the investigation, what is potentially the most important, for the doj to conceal here. the witnesses, the scope, the direction of the investigation. >> you know, if you ask an fbi guy, i'm gonna tell you that the most important thing to protect are the witnesses identifications. you do not want to take any chances about having your witnesses identified. you don't want folks to be identified in a way that would chill other peoples desire to come in and cooperate and provide information. so that's the most important thing from the fbi perspective. doj folks are also very concerned about grand jury information, that's typically 6e is very careful in

protecting information that the grand jury develops. and then the direction of the investigation, it's all very important for doj to keep that stuff very quiet. >> elliott, i saw you agreeing with andrew about protecting the witnesses there. and the judge also says that the justice department proposed redactions were quote, narrowly tailored in a way to let the government preserve the integrity of its investigation. the judge was saying that the doj didn't go too far with their redactions? >> the justice is essentially saying that he is quite explicitly. the look, the standard under the law is that any redactions would have to be narrowly tear alert so as to not be so over broad as to essentially strike the whole document off the record. so, picking up on andrew's point, what they likely did was minimize or eliminate any references to individuals names job titles and so on. now, look, we're already aware

of three different crimes that are being investigated. by the justice department. revolving around obstruction of justice in the sort of mishandling of defense information. and the affidavit can lay that all out without identifying people. you can talk about the crimes, you can talk perhaps about some of the evidence that are uncovered, but again, the more you start getting into, the more the affidavit publicly reveals, the methods or information you start running into trouble and really running the risk of one jeopardizing evidence. but number two, jeopardizing the privacy of people who aren't charged with crimes but might be named in this. if we're focusing a great deal on the former president but there could be any number of other individuals that are being investigated. and they as of right now are charged with crimes and are entitled to a presumption of innocence. that's something the justice department takes very, very seriously, because if you jeopardize that, you can and obtaining the whole case and

not getting charged with any crime at all. >> got it. so nick, tomorrow is the deadline for trump's team to refine their legal arguments for a special master to over c and review the review of evidence, i should say. gathered at mar-a-lago. his initial request included a lot of griping claims of doj looking to hurt him politically in 2024, it seemed more political than a legal argument, or illegally sound argument, what changes would you expect to see? >> well, i think what's gonna happen is the judges really held their feet to the fire and ice ask them to come in and first explain why this is before her as opposed to before judge reinhart. who is the judge that has been handling this matter, with respect to the probable cause and now with respect to the motion by the news agencies. she's going to keep hold their feet on the fire on what's possible justification there can be for appointing a special

master, when the only thing they've said in these papers, really, is executive privilege, which obviously doesn't apply here. trump is already lost that battle it before the supreme court. and it may all go back to judge reinhart. that is where it may end. and to tell you the truth the big story here is judge reinhart. who in approximately a week has taken the bull by the horns basically handled this case, came down with a 15-page opinion that explained to the public what is going on here the balancing between the public's right to know and the government's right to protect its witnesses protect its investigation, and the integrity of that investigation. and then come back to the conclusion that what he wanted was the least onerous method here at least to try and get the government to release some of that information to the public. so, when we have here is a judge who is showing that just

the opposite of what the trump people are saying, is that this is not a witch hunt, this is not politically motivated, it's being handled by the book and it's being done the right way. and that is really the major story covering all of this, is the judge reinhart has really put this before the public as something that is serious, and that he is properly exercising his right to do. to ensure that the rights are being protected. >> i love your clarity and enthusiasm, so then why on earth would team trump want this released if everything you're saying is true? it seems like that's the last thing they would want. >> of course. they don't want this released. in fact, the last information that's in there the better for them. because they'll take little tidbits and try and spin some

kind of story around it. but i'm really interested in seeing is how many pages this affidavit is. that's what we're gonna learn tomorrow. and then kind of compare that to other affidavits, i've been in the past four other search warrants. because all bet you this one is really long. >> elliott? okay. we have to move on. i want to talk about some other stuff we're learning, these new details as to why trump start being resisted calls to return document to the national archives. he got some advice from conservative legal activist tom fitton after 15 boxes had been retrieved from mar-a-lago. fitton told him not to give them anything else. apparently, it became a veteran obsession of trump, he felt boxes belong to him. is bad legal advice any excuse here? >> well, number one, it's not legal advice as far as i can tell. it's advice from an individual

who may have a law degree. but it's not his attorney. so, this is the problem -- >> it is bad advice period. >> it's also we're conflating political advice from legal advice. and this is not a privileged conversation with his attorney about how he ought to proceed lawfully. it's a buddy of his telling him that it sort of bad, it would be a bad practice to release this information. and look, many of the documents at issue, assuming they aren't they but we believe they are in that information is available, merely being in possession of them in a manner that they were held, is itself a crime. or could be a crime. the mere idea that someone else, some advisor, was telling him that he ought to hold on to the them. it's not going to be a defense should ever be charged with a crime. >> andrew mccabe, one of the items taken to mar-a-lago was letters with the north korean leader, kim jong-un. at one point during

negotiations the archives instructed trump's team to fedex the letters. how besides how crazy this all sounds it's really hard to believe that. this is solely about, you know, mementos the trump wanted to keep, with the fbi have ever conducted their search? >> you know, there were so many off-ramps, potential off-ramps here, don. as i see the facts that we know so far, there were so many opportunities for trump and his advisers to deflate this entire thing, to cut off the investigation and just a send that stuff back. nobody wants to be mired in an investigation like this. yet, here we are. because of the torturous way that these failed negotiations took place.

let's face it, even, we joke about the infamous love letters from kim jong-un to trump. those are at the heart of the most clearly classified material. communications from a foreign government to the united states are always considered highly sensitive and classified materials. so, this is not just, you know, goofing around love letters, this is actually serious stuff. these are elements of our nation's history, it is the property of the citizens, it is not the property of donald trump. we do the proper thing a try and get it back. >> elliott, where he laughing a love letter. i see you. >> is that a question or a comment. >> it's a question that i don't really want the answer to. thank you all. -- >> i support the provision of love letters no matter who they are or where they're from, the problem is that some letters ought to be property of the

national archives. >> thank you all, goodnight. president joe biden playing political hardball tonight in his return to the campaign trail with the midterms on the horizon. blasting when he calls maga republicans. as if they're fair game. >> trump in the extreme maga republicans have made their choice to go backwards, full of anger, violence hate and division. [acoustic soul music throughout]

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you know, it's not long, 4 to 75 days away from the 2022 midterms. and the gloves are coming off. personal attacks, littering the pennsylvania senate race. governor --, doctor fauci a little. and, tonight president joe biden pulling no punches. blasting maga republicans. that's what he says. maga republicans, in his return to the campaign trail. watch! >> those of you that love this country, democrats, independents, mainstream

republicans, we must beach stronger, more determined and more committed to saving america then the maga republic guard destroyed america. >> so let's discuss now, cnn political commentator scott jennings, maria cardona, both join me. good evening to both. >> hey don! >> you guys should be in new york, but i'll give you a pass. we're gonna work on that. >> love to, next time. >> so, scott, that wasn't all the president said in the fund-raiser earlier. he said, quote, what we are seeing now is the beginning of a extreme maga philosophy. it is not just trump, it's the entire philosophy that underpins. and i'm going to say something that's semi fascism -- he's calling off the extremes in your party, which has become a lot of the party, is that fair game or too far? >> well, look, i expect joe biden to attack donald, trump and what i hear in the comment is essentially attacking anyone who votes republican is a fascist and arguing that if you don't vote democrat, you're a fascist.

and i find that rhetoric to be incredibly -- >> scott, hold on, hold on. he's up for those of you who love the country, and he said republicans. >> that's right, mainstream. >> he made the distinction between republicans and extreme republicans. i can play that soundbite for you again. >> i understand, but 70 -- look, in 2020 74 million people voted for the republican candidate for president. most of those people, today, still consider themselves to be republicans of some kind. and i don't think those republicans think it's joe biden job to sort them. not when you go to the ball didn't, embryo not gonna have several candidates, regular republican, michael republican. it's gonna be a republican candidate for senate, and the democrat candidate for senate. and joe biden this, saying if you want to vote for the republican candidate for senate, then, what i hear in that is a lot like what hillary clinton used to say. if you're gonna vote republican, you are deplorable. and i think they're gonna get a negative reaction from a lot of republicans out there who, maybe they don't love donald trump, anymore but they don't to be called fascist. >> okay. what if they are exhibiting

fascist behavior though? >> i mean, what would you call the behavior of saying, if we don't -- that we can only have -- >> we're talking about -- hang on, you're talking about candidates who believe in ally, an election lie. you're talking about candidates who call people names, you're talking about ron desantis calling anthony fauci an elf. you're talking about a former president who called people sons of--. and should whole countries. i mean, who has called democrats and republicans a lot of names. he's even called mitch mcconnell in recent days names. and exhibiting that behavior, what do you expect to be called? >> so, look, there's going to be two parties on the ballot this november. and what joe biden is saying is, this country cannot be a democracy. this country will be a fascist country if democrats don't win every single office. i'm sorry don, that is just simply not with the average republican voter believes.

it is not gonna resonate. he's out here begging for republican votes and calling them fascists at the same time? it's ludicrous? >> okay. >> that's clearly not what he said, don >> let me ask you, though biden is a unifier. that's what he said, he's been careful. that's what he ran on, right? so, he has been careful about that. but i mean, if he's not the sort of maga or semi fascist words could become the next deplorable moment. or do you not agree with that? >> no, i don't. because biden said, himself, in the soundbite that you played at the beginning of the sentiment that he is differentiating. and he said, mainstream republicans, independents, democrats, we have to band together to protect our country from extreme maga republicans. and clearly, what he's saying, don, is that there is a slew of leaders out there. we saw them all in the primaries. way too many of them. more than 74 have been elected or won their primaries and

might be elected to office in november. and they will be, these republicans, will be in positions of power. and most of, them all of them do not believe that joe biden is the legitimate president of the united states. and have said that they would do things to overturn the election. but the one in 2020, as well as the one -- >> i understand. >> this is fascism. >> these are the people who are calling joe biden names and i think it's a f you brand or whatever they say about him. listen, with democrats gaining momentum going into the midterms, you're not at all uneasy with this language and that it may actually hurt democrats when they have this momentum going should the president be more careful about this language? >> well i think what he can do is continue to delineate

between the extreme agenda of these republicans. and the contrast with the democrats. and that is where he can really make a difference and focus on all of the accomplishments, that i believe, have left to the momentum that you're talking about. but, when you do have a poll that just came out where you have the biggest issue that republicans, that the country including mainstream republicans are concerned about, independents and democrats mostly, is the threat to our democracy, then i do think he is in a safe space to delineate those leaders who follow blindly donald trump and his big election lies, who can potentially be in positions of power to make decisions to overturn free and fair elections. that is a huge threat to our democracy, don. and i think he is absolutely in the safe space to delineate that kind of mulga ultra extreme agenda versus what democrats want to do, which is count every once, vote let everyone come to the ballot box

and have their voices heard. >> all right, thank you, scott i see that you disagree but amount of time. >> thanks, don. >> i appreciate it, i'll see you guys soon. >> it is too much, it's not enough, everyone is arguing over biden student debt plans. but, are we ignoring the real issue at hand? why and how the did college get so expensive in the first place? we're gonna dive into that, next. [laughter] hey, i was thinking about going back to school to get my master's... i just saw something that said you could do it in a year for like $11k. hmm! order 11! yes, see you at 11. ♪ 1111 masters blvd. please. that'll be 11 even, buddy. really? the clues are all around us... some things are too obvious to be a coincidence. ♪ every moment in life is a bet. like betting on these discount snacks.

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this is senior correspondent for time, charlotte alter the author of the ones we've been waiting for, how a new generation of leaders will transform america. charlotte i'm so happy you're here. this is a very important conversation, it's on a morning show this morning i said the big question is why does it cost so much? in your book, you write about this disconnect between younger and older americans on the severity of the student debt crisis and how much college has changed in the last few decades. why has it gotten so bad? >> well, there's been a confluence of factors. but the major one to summarize it is more and more students over the last 20 and 30 years have been flooding into a system that's been getting less and less state funding. so between the early 19 80s in the 2010s, states cut university funding by 60, 70% in some states.

and meanwhile, over that same period of time, college became something that became a prerequisite for participating in the global economy. it was something that millions of students who never considered themselves to be college material suddenly college was something that was for everyone. so you had more and more students with less and less funding and kids are picking up the tab. >> you know is the most important expensive thing when i went to college. the books. they work so expensive to buy books. it was cheaper than it is now, i can't say it was that cheap but that inexpensive not with college costs now. this is a new article for time you point out how the critical critics of biden's move like minority leaders mitch mcconnell and kevin mccarthy, they went to college for several times less than what their same schools cost today for inflation. to people just not understand, or misunderstand this?

deliberately or accidentally? >> i do think that there is an idea that a lot of people have, particularly older people in our country is run by older people right now there is a misconception that it's very easy to work your way through school. that i did it and so should everybody else. but back in the mid 20th century when the government was flooding higher education with great funding, these schools were far less expensive. so it was possible to work your way through school. there is a stat in my book that in 1987, a student could work her way through the university of kansas with a part-time minimum wage job and still have money left over for books and food. and today she would be $40,000 short. if you work that same job at that same school. so the numbers just don't add up any more. and when you see these headlines about younger generations not starting

families not getting married not buying homes. ultimately, in many cases, student debt is the reason why many of those younger people are delaying those life events. >> look, i'm talking about the american dream here right? one of the biggest criticisms the american dream is that that you'll be able to go to college and will be affordable, and then you have the american dream, you can own a home you can buy a car, you can be able to feed your family at all of that. but there's been some criticism of this the biggest criticism of this relief plan is that it does nothing to bring down the cost of current and future college students. are the things that can be done to help all around here? >> i think there are. and i think that's a very valid concern of all the criticisms that this plan the criticism that it doesn't actually change the broader affordability crisis is i think the most

valid critique. there's a lot that can be done. there can be more funding for state universities, there could be more funding for community colleges. but ultimately, i think that would everybody needs to understand is that many of the people who currently run our country went to college at a time when the government considered that it was its responsibility to pay for school. and now, people think that it's the students responsibility to pay for school. and that's where you get this backlash to the idea of student debt forgiveness because people think, oh, it's your responsibility, you should pull yourself up by your boot straps just like i did. >> someone should actually try and do that. >> exactly, right. but ignoring the reality that many of the people who did pull themselves up by their boot straps actually had enormous government subsidies. >> by saying that you should pay for yourself or whatever,

it's not my responsibility, that sort of the concern. that's the criticism. but there are things that i pay for as a citizen, that i don't get to use them. right? i don't get to use public schools, i don't have kids, you know demean? and i don't mind paying for those things in my taxes. and so, people who don't go to college, or haven't gone to college and saying that this is somehow going to burden them because they don't have used for college. you understand my? point >> exactly. look at the ppp loans that were forgiven. not everybody got one of those loans, and yet, there's not the same backlash to those loans being forgiven either. >> thank you. >> thanks so much for having me. >> we'll have you back, we really enjoyed having you on. so, one of tennis's biggest stars won't be at the u.s. open at the open. the u.s. won't let novak djokovic into the country to play because he is not vaccinated. guess who's here. patrick back in row ways in, next.

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how's it work? let me see your togo, and i'll show you. "poof" burt, you have my lunch. introducing togo's new pastrami cheese ste loaded with our world famous pastrami, sauteed mushrooms, roasted red peppers, and smothered with melty american cheese. the new pastrami cheese steak. try steak or chicken, too. now at togo's tennis superstar, novak djokovic, is set to miss the u.s. open. the 21-time grand slam champion announcing his absence on twitter this morning. writing, quote, sadly i will not be able to travel to new york this time for the u.s. open. the reason is's covid vaccination status. djokovic remains unvaccinated,

according to current u.s. rules, any non-u.s. citizen must be fully vaccinated in order to receive a visa and entered the country. while this marks a second grand slam, this, year that djokovic will miss because of his vaccination or not being vaccinated status. so, joining me now, patrick mcenroe, the formerprofessional tennis player and host of the holding court podcast. >> there you go, thank you, don. >> how are you? >> good, good to see you. >> how long has this been going on? i'm surprised that this is still an issue for -- that has been going on for what is this long into the pandemic. he was able to play in the french open, i believe. >> in wimbledon. which he won. >> after, france -- do you think u.s. tennis should of, like, sought an exemption for him to play? >> no, i do not. i don't think u.s. tennis should have done that at all. i do believe that i am no political expert, obviously, but i do believe that the u.s. government will probably,

likely go in the same direction of many of the european companies have gone. so it is, that if you run vaccinated i'm suspecting that you tell me the timeframe, is there for weeks, it's six weeks, as eight weeks from now. i expect that the change. he used to be that when i came back for the french opening, at the end of may, i got to the airport, showed my vaccination card and they said. oh, you need a test. >> oh, i need a test? okay, i want to the pharmacy right there at the airport. got a covid. test then, things changed, a couple weeks later and now you could come back into the country without having the test. so, i believe it will change. this is bad timing. djokovic was hoping that he'd get a reprieve. but the u.s. tennis association, which runs the u.s. opening, they didn't want to get caught up in what's happened to the australians. when the australian tennis federation got in between the state government and the federal government in australia, and that was a major political firestorm. >> that became a thing. >> that became a thing. and the usta did not want that to become a thing. >> you know, he's talked a lot

about. it we learned about that with the australian incident about what he puts into his body. do you think that it's the wrong message that he's sending about vaccination safety? do you think the public figures, including athletes, stars are all kind, do you think that they have more of a responsibility when it comes to what message they're sending to the public? >> i think they have a larger platform. i think, personally, my opinion is we all have a responsibility to do that. to take the vaccine. but, when you look at the response -- to me, what's so interesting about this don is not that he's a professional tennis player, he shouldn't be treated differently than anyone else who wants to come into the country, whether you're a prominent celebrity, athlete, artists whatever you are. but, what is so interesting to me is the reaction from people. because you have so many people saying, get the vaccination. just get it! get over it! why don't you take the vaccination? stay home!

we don't need to in the country. >> then, you have the other side. he's become a martyr for many people, for whatever reason do not want to take the vaccine or want to stand up for their own rights and what they put in their body. he has always taken a lot of pride in how he takes care of his body, when he puts into it. some people say, this guy is one of the fittest guys on the planet. how could he give anyone covid? well, he could. and the fact that he is one of the fittest men on the planet, to me, is a relevant. so was rafael nadel and serena williams, they are all a leadoff leads too. and guess, what every single one of them took the vaccine. >> well, i am going to talk about that in a second but, listen, he's all right if he doesn't want to put it in his body. >> correct. >> you can't do whatever body else does who's vaccinated. >> correct. >> listen, if i want to drive up there every, drive -- i don't want to get a drivers license, so i don't drive. >> then you have to put your seatbelt on, right. >> and when you get in the, car you have to put your seatbelt

on. if you don't, you're gonna get ticketed. otherwise, you lose your license. but you mentioned rafael nadel he is right behind rafael nadal for the most grand slam titles. what does it say that he's willing to go for being the most decorated player to hold on to this anti--- >> i think after admire him for that, don. i think that's a great point. because he is sticking by his principal, whether you agree with them or not. he is willing to take this to the extreme. which, is he's not able to play in the australian open this year. they booted him out of the country with the brouhaha that went down there this year. he knew, coming into what the situation is, he wasn't allowed to play in the tournament in canada. you, know canada is still not letting major league baseball players from other teams come into the country. similar rules that we have in the united states. so, he knew what he was getting into. he is, they're right with rafael nadal chasing this all-time record. by the way, serena's got 23. she just got -- >> serena is going to be there as well. >> serena's gonna be there monday night, she's gonna play her first match. it's gonna be emotional.

>> she could get 24. >> we can always dream. we can always dream. it is unlikely she'll get 24, but it's going to be an amazing sendoff. >> it could mark her last tournament, right? >> i think it is going to be your last tournament. there's gonna be a lot of emotions and major tributes well deserved to serena, the greatest of all time. >> speaking of the greatest, you [inaudible] >> good to see you, honored to be here. >> so, no more friday night lights for school in pennsylvania after a hazing scandal cancels an entire football season. that's next.

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one pennsylvania high school is scoring big on -- this year. middletown high school canceling its entire football

season after reports of hazing by the school's football team. two nearby high schools are also investigating allegations of hazing joining me now the former nfl wide receiver dante stallworth. dante thank you for joining good evening to you, sir. this happened, according to the superintendents letter, that cell phone video, taken of the players it shows a group of students restraining to have their teammates and using a muscle therapy gun another piece of athletic equipment to poke the buttocks area of the students who are on the ground. now it is important to note, daunte, that the superintendent is not playing rape or sexual assault. your reaction to this happening in a high school? >> i think initially, my initial reactions were hazing is somewhat of a tradition in football. at the same time the customary protocol for hazing is usually been players the younger players grabbing the older players pads after practice

getting in front of the team and saying some embarrassing song or some embarrassing christmas carol in front of the team. things like that. >> wedgies. >> you know, kind of childish little things. nothing significant as this. i think the thing that also stuck out to me was that, initially, the superintendent did not suspend the entire football season, until he got word and wind of more videos and more when he called collusion of other players and possibly even some staff members. the older guys the staff on the football team that may or may not have been involved or maybe ignored some of the things that were happening. so, it's really sad for those kids who weren't involved, i saw that they were talking about giving opportunities and seeking opportunities from the cheerleaders and the band members.

obviously you were involved in all. i hope they also try and seek some transfers for the kids who, the football players, who had nothing to do with this hazing because it's terrible. some of these kids are probably relying on their football season to get scholarships. and some just want to have their senior seasons, and they won't have that. so, it's really just sad and tragic all around. the superintendent is making. >> do you think this incident goes beyond, there's hazing and there's hazing, if you know it i mean. do you think this goes, do you think this was called for? you think the punishment fits the crime for this particular? >> i think the fact that they're not really detailing what happened outside of. >> it must be pretty bad. >> i'm assuming that. they've got video, so that's what i'm assuming. >> the team coach resigned but we haven't heard from him as of yet. we also haven't heard from the parents of the teachers, only from the superintendent who has vowed to address the problem. with that say about how the community is dealing with this, stunting? >> i think it's interesting, because at least in local papers, i haven't seen anything

yet, but usually you would have some parents speaking out. but i haven't seen any of that. and i don't know if there's any a gag order maybe on some of the members of the football team or even some of the staff, but there hasn't really been anything other than what we've heard from the superintendent. so i'm really curious to know what the players would say in with some of the parents have to say about this. the superintendent noted in his letter that this will affect some of the students and some of the families as well. he understands, that this is going well it's not just beyond playing at a football game. this is affecting families as well. so, i'm really interested to hear, i just don't know how much to say really outside of with the superintendent has said. and i'd really love to hear more from the parent and from some of the students that were at the school. >> you don't know what you don't know. nice bow tie game tonight. >> thanks don. >> thank you for watching everyone. our coverage continues.

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welcome to all of you watching us here. coming up ahead on the newsroom. new details are expected about the fbi search of donald trump's home. what will be released in the affidavit. what will not be. a powerplant knocking off the power grid. a historic decision in california. state regulators vote to ban the sale of gas