her younger sister survived. and then when they came to buffalo, new york, she built a life. it brings back so many memories. >> "never again" airs later tonight at 11:00 p.m. eastern. tonight at 11:00 p.m. eastern. erin burnett starts right now. -- captions by vitac -- www.vitac.com the justice department releasing the document that paved the way for the investigation at mar-a-lago. plus, more security concerns at mar-a-lago. a russian speaking woman who reportedly posed as a banking heiress got into the resort and next to president trump. the reporter who broke the story is our guest. and democrats see a winning message going after republicans on abortion. so far, it seems to be working. let go out front.

"outfront," obstruction. the affidavit the justice department used to obtain a search warrant for mar-a-lago. the affidavit, about 38 pages long. about half of it is redacted. blacked out. it is still shedding light on the criminal investigation including the probable cause that warranted the search. according to the doj, of the 15 boxes that trump handed over in january, 14 contained documents with classification markings. that included 67 which were marked confidential noorks marked secret, and 25 marked top secret. according to the fbi, of most significant concern was that highly classified records were unfoldered, intermixed with other records and otherwise improperly identified. tell affidavit said the fbi believes trump's storage room residential suite, the 45 office, and other locations potentially held more national defense information.

that's concerning because we'll show you where some of those rooms are in mar-a-lago. you can see in red is trump's suite. and you can also see just down the hall from the outdoor dining area and the members only club where members and their guests go through all the time. now the former president is responding, calling it a total public relations subterfuge by the fbi and doj. as for the current president, joe biden today mocked trump's claim that he declassified all the documents the fbi found during the search of his home. listen to this. >> he declassified all the documents. >> he had just declassified them all. >> i want to know if he classified everything in the world. i'm president. i can do it. come on! [ inaudible question ] >> it depends on the documents and how severe the room. >> evan perez is out front.

what else do we now know about how sensitive these documents were that donald trump had at mar-a-lago? >> according to the justice department, after a period of months where the national archives is trying to retrieve all these boxes of documents, inside these 15 boxes they found documents that were clearly labeled as having human intelligence sources. this is the stuff the cia tries its best to protect because these are people who are spies overseas, who are providing information to the united states government. and they go to great extent to try to protect those people to safe their lives. and another classification labeled s.i. signal intelligence. these the nsa's programs that are used to monitor and surveil foreign countries. highly, highly secret documents. i'll read you just a part of what the fbi says it found.

the fbi agents observed markings reflecting the following departments. hcs, human intelligence sources. fisa, s.i. these are documents that are not supposed to be seen by foreign nationals. based on my training and experience, that i know these documents classified at these levels typically contain national defense information. several of the documents contain what appears to be former president's handwritten notes. this is how the justice department knows that these documents were specifically handled by the former president. >> there are pages upon pages that we talked about full of blacked out redactions. we knew it was coming. when you see it, there is a lot of black. >> yeah. there is absolutely a lot of black tleflt say they're trying

to protect their witnesses. they know there are things, there is a road ma'am to the investigation that they're trying to protect. one of the thing we were looking for. and there is very little evidence of. or that we can see. there's talk about the evidence of alleged obstruction of justice. this is one of the things they said they had to go do this extraordinary search of mar-a-lago. you will see that there are specific details on what was taken in june and then obviously, in august. we don't know any of that. it is not in this document. and the other thing is, why did the fbi come to believe there were more documents? classified documents which they did find when they did the search. how did they come to believe that? we know they have some human sources. they described them as civilian witnesses. we don't know much about that. that's a lot more of the

investigation the fbi says that they're still developing. they don't know everything at this point. so we're really at the beginning of this investigation. >> still a lot of unknowns. there's still a lot learned today. gl to see you. "outfront" with me now, the co-ed or the in chief of just security and former special counsel at the defense department. kaitlan collins, and john dean, former nixon white house counsel. brian, the justice department, the way it is put in here say it is a lot of classified records found at mar-a-lago. that's definitely true. the breakdown again of the 184 classified documents included 67 confidential, 92 secret, and 25 top secret. when you saw those numbers, what did you think? >> i thought it was very alarming. to have the number attached to the acronyms, it is very alarming.

because it means that this is the most highly sensitive information and could therefore compromise people who put their lives on the line who are, for example, clandestine sources. and it could compromise the surveillance that we use. it has ripple effects beyond even just the documents themselves. >> kaitlan, one they know we've been hearing, former trump officials after seeing how it is all described. they weren't at all surprised to hear that trump had classified documents mixed in with other documents. the way it is described as, he was known to walk around the white house, walk around mar-a-lago, pick up a document from one box and put it into another. did us that track what you know? >> yes. he wasn't a president very careful with he have. he reveal some national intelligence to russian officials, if you'll recall, during a meeting in the oval office that officials did not know he was going to do. so when you read through this, they were talking about how some

of the boxes, they were full of newspapers, articles, photos, notes, post presidential notes. all of that mixed in with a lot of classified records. i think people who worked in the white house were like, yep! that was the regard that he treated sensitive information with. so they're not surprised. i think the question is does his team use that as a defense? saying they've been arguing it was so chaotic in the final days of the administration. everything got swept up. that difference with accounts that we hear from the final days in the oval office where they say documents were going from the west wing to the residence of the white house. people were raising questions about what was being taken. what wasn't being taken. so there was a question about whether it was intentional ran thath the chaos excuse that you are seeing his allies argue. >> why he had the documents and why he didn't return them when asked is still a central question. the affidavit makes it clear

that these documents were not being stored in a secure location. the agents ask that they be secured. video those people coming in and out of that room. how problematic is that? . >> that's very bad. you don't have a secured room if people are coming in and out. and that's exactly the danger you confront when you have boxes that are randomly stored. anybody can go through them and they would find national security information of the highest. these aren't hard documents to spot. they have headers and footers that say they're classified. most of them travel with a cover sheet unless it has been removed for some reason, which is not the proper thing to do. they're flagged. they're very conspicuous. so that's why it is dangerous to have them in a pad lock. not the solution. that is not a secure room.

>> the affidavit speaks of a june letter coming from, it was doj counsel, sent to trump that said this in part. we ask that the room where the documents had been stored be secured. and that all the boxes that were moved from the white house to mar-a-lago be preserved in that room, in their current condition, until further notice. we also know from the affidavit. the fbi was focused on donald trump's office. the way he put it, his residential suite. in addition to the storage room. what does that say? i think it points to the possibility of obstruction. on not june 8. keep everything clear. then they say we'll search all these other places because we have probable cause to believe it's there. and then we have the "washington post" reporting that they did find the documents in his bedroom and the closet in his office. so he didn't follow the

instruction at a minimum, it is likely that it could be because of concealment or obstruction. getting the documents. >> with this document now out there, do you get any sense -- trump's world is a broad range. that's how i'll describe it. within his world of his supporters, that they are accepting at the very minimum that this search was identified now? >> very few would admit that publicly. if you talked to them, there was a lot of stuff there. what they come back to, it matters what was in there. that's something we still don't know. when we talk about these really valuable sources to the cia, these human sources where that is really the bread and butter of the cia. that is something that they are so protective of for obvious reasons because it puts actual people at risk. i think that raises a lot of questions for people.

but they view everything through this lens of, does this mean that he will be charged or not? is this a legal threat or not? because of the impeachment hearings, because of the mueller investigation, they view things differently. two things that really stood out to me. it talks about a significant number of witnesses. ed this people who were aware of where these documents were. then clearly from the affidavit, they are so concerned about obstruction and about him trying to get in the way and interfere in this investigation, they decided that was a big reason why they couldn't reveal some of the information. the judge agreed with that. and it that was a really notable part. >> george conway was on the show last night. the way he put it, he said he remains convinced, it represents t the shortest distance between donald trump and an orange jump suit. after what you've seen in this document, how likely do you

think charges -- how likely do you think charges could be coming for donald trump? >> well, i think we have a case clearly from this affidavit, the more we've seen of it, that it is moving along. it is a sophisticated case. it looks like they're giving it a lot of priority and attention. clearly it has gone to the attorney general to get clearance for a search warrant. this is the kind of case that they're not fooling around with. i think it is more than just merely the concern to retrieve the documents that they've got to make the point. as i read the affidavit, i see a conspiracy. i think there are many more people involved in this. i think some of them have not surfaced even on our radar yet. this is a big case. how close are we? i would say three or four months we may know how it will shake out. >> thank you. "outfront" next, trump's legal struggle.

the former president huddling with his legal team as he tries to recruit a high profile florida attorney to take the case. a former watergate attorney who was approached to join trump's legal team declined. that's next. plus, security concerns at mar-a-lago. this time reporting a russian speaking from ukraine. and a democrat fighting for her political career, . will ads like this one work? vega was caught on tape saying women can't get pregnant from rape. found in natural tear, theratears® is one-of-a-kind hydration that feels like silk. theratears®. a drop like no other™. i brought in ensure max protein with 30 grams of protein. those who tried me felt more energy in just two weeks. uhh... here, i'll take that! yay!!! ensure max protein, with 30 grams of protein, 1 gram of sugar

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tonight the clock is ticking on a judge's deadline for the trump team to explain their request for a special master to oversee the review at mar-a-lago. the deadline is looming. he's been huddling with his legal team at his bedminster government club. sources say they're struggling to bring on a high profile florida attorney for trump. next, the former watergate prosecutor who was asked to join trump's legal team. gentlemen, good to see you. john, some, broadly the takeaway from the affidavit. we've learned the fbi found 184 classified documents, appearing to include information about

national security and human intelligence sources. it also says there's probable cause for evidence of obstruction. a lot of people talking about the problem this means for trump. do you see any benefit for the trump legal team to have this document public and in their hands as well? >> well, having the document public is be careful what you ask for. it is a one-sided document, which is very, very harmful to the president. i think the most important part of the affidavit, and i read it carefully. i don't know if the camera picks it up. >> all the black. >> it's the obstruction. the alleged obstruction. but we have to remember that the department of justice has said, this is the early part of the investigation. and i would caution against a rush to judgment. either side. there is so much to be developed. and i think that it is a mistake. i saw on wolf's show just before

this. and with all due respect to prof professor, he said based upon what he read, the attorney general, he said it is impossible for him not to seek an indictment. well, most respectfully, i couldn't disagree more. we have to wait and see how the facts develop and whether or not an indictment should be returned against a former president is a very weighty decision that the attorney will have to make based possible the facts of the law. >> cnn is reporting that trump has been huddling with his legal team until bedminster. and we show everyone that is included in this team. they include attorneys who often appear on right wing mead. also, they have experienced handling insurance claims and representing famous rappers. not too many appearanced in the realm that we're discussing. the recommend of classified documents and the legal trouble the president could be facing.

and people are asking whether his legal team is up to the task of handling this. what do you think they need? >> what the president is facing legal issues in georgia, florida, and d.c. at this time. and new york. and if he doesn't have multiple, if he doesn't have a big team working together among those various states, then he has a problem in his hands. it is incumbent upon him to find good counsel. especially in d.c., florida and georgia. it's a corporate case in new york, and a civil case in new york. in that case there, that's the case where he took the fifth a bunch of times during his deposition. so all of these issues are coming home to roost. what you need, what he needs is a very serious legal defense legal team to handle these issues. and folks that have experience

in national security issues. what he really needs is that high profile prosecutor type who comes out of there, with doj, along with some support. >> and you declined to work on trump's legal team. sources tell cnn that trump is struggling to find a high profile florida attorney like yourself to join. do you think they need to add someone with stronger florida credentials? >> in my experience, in bragg in florida and all over the country, i always engage very, very high power local lawyers. so without criticizing the present legal team, yes, that would be a great addition to the team. i agree they need a team with various legal degrees the government has one task force and only one case and that is to investigate donald trump. so i think trump needs the

equivalent. a coordinated team with a quarterback to recommend him effectively. >> cnn is reporting that trump has started asking members of his inner circle about a potential indictment. one adviser told cnn, while trump has been in legal peril before, this seems different. this is potentially more dangerous. do you, and with all the caution that john rightfully offered off the top. do you think he is any closer to being indicted after seeing this affidavit? >> well, i said -- >> i'm sorry, i'll sorry. go ahead. >> go on. >> i agree with john. we have to be very careful about jumping to conclusions. and i think the former attorney general bill barr said the same thing this week, or within the last couple days. i also agree with the obstruction that is so glaring in that affidavit is what the

trump legal team should be concerned about. and will let's not forget, things are moving along in georgia with rudy giuliani getting the target letter and all of that. so you have these various law enforcement agencies, whether it is the fulton county. did. a. the main doj and focus looking at various things. i don't know that he is any closer today than yesterday though. >> i suggested a special master. it has not been done in florida. it has been done in new york. that would give the public more confidence that this is being done independently, and in fact, there was a recent appellate court case in maryland which the fourth circuit court of appeals said, we don't like these government filter teams. because it is the duty of the

prosecutors to not only be doing justice but to give the public the appearance that justice is being done. they're not asking me for advice. did i advise that they seek a special master to do all the independent reviewing. and make a recommendation to the court. >> and they have a midnight deadline on that request. thank you. "outfront" next, another security lapse at mar-a-lago. this time according to the pittsburgh gazette. a russian-speaking woman posing as a bank heiress who got to trump. plus, biden doubles down. heyyy! (steins breaking) your cousin. ♪ from boston. ♪ it means, “ok-to-beer-fest”..

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corruption reporting project in a joint investigation, revealing this 33-year-old woman was able to gain access to the former president at his golf club in may of last year. even posing with trump himself, and as you see, senator lindsey graham. according to the new reporting, the woman claiming to be a member of the prominent rothschilds. in reality she is a russian from ukraine. no one has been charged with any crimes here. it is another example of lax security at mar-a-lago. "outfront," michael sala. one of the reporters behind this story. thank you for coming in. you, quote one mar-a-lago member who is a former investment ba banker saying this. it was the near important ruse and she played the part. how was she able to gain such

access in mar-a-lago? >> well, you know, you think about all the props, the jewelry, the brand new mercedes, g-wagon, the power gracelets. she replied heart and she was very good. for all intents and purposes, she had the guests convinced she was a member of the rothchild family. >> this investigation into this woman comes three years after separate incidents of chinese nationals entering the grounds, as you remember. what have you learned about the security process for people to get into mar-a-lago since donald trump has left office? >> it's an interesting question. what you're dealing with mar-a-lago, you have a private club and the president's residence. there was a saying there, we had

never had any former president living in a hotel. tell challenges of providing security are really difficult. for instance, you can have guests coming in and out of one part of the compound and there is the president with his family at the other. so the whole problem is being able to provide that security that protects family is that all the records that were there at the time. it is a difficult thk to ask. a juggling act. >> she said she hasn't broken any laws. telling the post gazette that this whole situation is some misunderstanding. at what point did trump security realize what was going on? >> actually, they never found out what's going on. i think we pretty much told

them. it was about a year, kind of a secret. at least among most of the people that were there. it was in march. they broke it to the staff and the other people. hey, be careful. this isn't the person you think it is. and you should probably not allow her here. don't get involved with her in any way. that was in march. so it was close to a year later. >> there is a piece that sums it all up. tell question is, was it a fraud or an intelligence threat? have you landed anywhere close to a conclusion. >> no. that's the idea. you don't know who was there. at any given time, somebody

could get into this facility under a fake name. a fake identity. she was in and out of there five times. nobody checked her i.d. she could have been going into neiman marcus for all that mattered. and will the president was there that weekend. so that's the challenge it faces. is it adequately protected at all times? >> your reporting definitely raises some serious questions about that. thank you. out front, trump says the documents that he took to mar-a-lago belong to him. and it's not the first time we've heard talk like that. >> you see, my generals, i authorize my military. >> plus, the democrat facing a tough re-election in a purple district thinks this kind of attack will help her win. >> she cheered the supreme court decision overturning roe v.

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pattern of trouble. >> reporter: they illegally raided my home and took things that should not have been taken. me top secret documents. mine! from the get-go, the former president has heavily implied the fbi seizure was not to protect public records, but to plunder his private property. and advocates have run to his side. >> every damn thing they do is intended to weaken the republican party. >> reporter: but if trump had a right to intermingle them with his other payment in addition florida resort, as the affidavit says, why was that not made clear before this point? >> i can't think of a good reason why everybody doesn't say, yeah, i understand why he would take this incredibly classified information home with him. >> i'm going to bomb the bleep out of them. i don't care. >> reporter: the thing is, trump has a long history of making

everything about him. >> i will build a great, great wall. >> reporter: and laying personal claim to public assets. for example, repeatedly talking about my generals, my military. >> my generals will keep us so safe. >> what i do is i authorize may military. >> my generals and my military -- >> reporter: some people close to the armed forces pushed back. >> our defense system belongs to the country. and it is not the president's military. it is the military of the united states of america. >> reporter: but this tendency has appeared time and again on the campaign trail -- >> look at my african american over here. look at him. >> reporter: dealing with the pandemic -- >> i said to my people, slow the testing down, please. >> reporter: on january 6th when witnesses said he repeatedly referred to the mob descending on the capitol as my people. maybe it's all just semantics. just the way trump speaks.

but federal authorities andle legal analysts suggest when he speaks about these papers that way, he is dead wrong. they were never his. certainly aren't now. and he could pay a praise for acting like they were -- he could pay price. outfront. is the republican party running scared from the issue of abortion now? plus the state department pressing russia to reless marc fogel on humanitarian grounds. remember he's serving a 14-year sentence. and you can find her, and millions of other talented pros, right now on upwork.com so, i'm a beach side hotel. as you can see, i'm pretty relaxed. i uh don't mean to brag, but i do have multiple pools. i'm looking for someone who likes sand and sun.

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issue and it will be consequential. >> democrats and some of the toughest races this cycle hear that message and seem to agree. just take congresswoman an game spanberger who is fighting to defend her seat in virginia. this ad hitting airwaves today. >> first, she cleared the supreme court decision overturning roe v. wade. next, vega was caught on tape saying women can't get pregnant from rape. she is too extreme for virginia. >> "outfront" now, the former congresswoman from california and former rnc communications director, great to see you. you know, you were elected to congress at the same time. she clearly thinks the driving hard on abortion rights right now will help her win this tough race. do you think it will work. >> i think absolutely. it it will be the defining

issue. even though we're seeing so much about trump, it is about women's day to day lives. >> we're seeing some signs that republicans are worried this will work just like the congresswoman says. i want to play an ad. >> patty marie has spent millions to paint me as an extremist. i'm pro-life but i oppose a federal abortion ban. >> in arizona, blake masters, the way he put it, he scrubbed his website. he scrubbed 100% pro-life off his website, replacing it for calls for abortion regulation instead. do you think republicans should be worried about this issue? >> sure. what we saw in kansas, and just this week in new york. this is an issue that is picking up speed for democrats at a time when they didn't have any stem.

you know very well that you want to talk about what you want to be talking about. republicans want to talk about inflation, about rise in crime. for democrats, they want to talk about abortion and not those three other things. so it will be a real tug-of-war to see what the issue is in november. >> if you're so singular on abortion. if it is the driving issue. there clearly is risk. economy is still everything. >> i think what women know inherently is that your right to decide if and when to have children is your personal economy more than anything else. that is the driver of how you're able to live your entire life and whether you're able to spend money and save money, how you will spend it, it is hard to think about prices, or the cost

of living when your entire cost of everything within your life is up for grabs if you can't plan a family the way you want to. i think it will drive women to the polls. for young women, for women who do believe themselves to be pro-life but think the extremist position that they've pandered to during these races, that's just too far for these average person. it is a new issue for the mid-terms, it is becoming and will become the student debt relief plan. republicans are calling it a slap in the face to the middle class. there are some democrats who have been very vocal not liking it as well. the american action network, a conservative action organization, is set to air, and

i'll play a portion of it, biden's right. you should take my tax dollars to pay off your debts. my family will figure out how to get by with less. what's most important is we spare college graduates from any extra stress. >> want to be a struggling artist? college is on me. >> my kids don't need fancy things like school supplies or new shoes. >> i work for you, theater major. >> congresswoman, is this a problem for democrats in some of these tough races? >> i think the reality is that this is going to hit people who are middle class, average citizens the most and we're going to feel it the most. you know, i personally have paid -- long paid off my student loans, but most people have not. we're not talking about just these high falutin' artists or whatever, we're talking about most jobs that require a degree now and do not pay enough for

people to pay back student loans. the majority of people impacted by this debt relief are black and brown individuals and people who have been impacted in so many different ways. i just don't think that it's going to land the way that they think, especially when tax cuts have for so long hit people who, you know, make tons and tons of money, big corporations, and have left all of us regular people behind like why is this -- why are we pretending like this is something different? >> doug, kind of to that point, today the white house started pushing back against republican criticism of the program and the plan in part by calling out republican critics who have also had pandemic era ppp loans forgiven. like this slap on twitter at congressman matt gaetz. the white house put out congressman matt gaetz had $432,821 forgiven and he's not the only one called out for

this. you have to admit that is clever, but do you think that's effective? >> i applaud the white house for being aggressive which we typically haven't seep their comm shop do. but americans had not known what ppp was for and loans were designed to be forgiven if you maintained payroll and didn't fire people. i'd encourage republicans if you're going to talk about this issue, and i don't think it's a massive issue going into november. if you're going to talk about executive fiat by biden, talk about how this impacts the issues affecting every american, inflation. this is your issue. stick to it, don't lose it. >> we'll see. doug, you know, you try to get politicians to stay on message all the time. good luck with that. >> good luck. >> congresswoman, thank you so much. outfront for us next, the state department with a new strategy to try to bring american teacher mark vogel home from russia. even if my o ld phone looks like thihis?

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the state department is asking russia to release an imprisoned american teacher on humanitarian grounds. 61-year-old mark fogle was

sentenced to 14 years in a russian prison for possession of cannabis that his family says he uses to treat chronic back pain. his attorneys say they believe his medical condition prompted the administration to issue the request for his freedom. kylie atwood is outfront. >> reporter: mark fogle currently sitting in a russian prison was convicted of smuggling drugs into the country and last month sentenced to 14 years this prison. russia plans to send him to a high security penal colony where the 61-year-old could be forced to do hard labor. >> he's been in jail in russia for over a year now. >> reporter: if he's deemed wrongfully detained by the u.s. government, u.s. diplomats would be able to engage in efforts to get him home. so far that designation has not come. but this week a bipartisan group of senators are calling on secretary of state antony blinken to make that call. fogle's sentence can only be understood as a political ploy by vladimir putin's

authoritarian regime, they wrote. >> it's more than a travesty of justice, it's a direct attack on the american people. >> reporter: it's one of many letters from congress to america's top diplomat, but fogle's family is hoping it could be a game-changer. >> i think it's very significant. it's been long in coming. it's essential in order for the biden administration to hear from senators we believe and to obtain the wrongfully detained classification for mark. >> reporter: fogle was arrested at a moscow airport as he traveled back into the country for his tenth year of teaching. he was carrying about 17 grams of cannabis which a doctor recommended for back pain. now his sister says his health is in decline and the russian physician that sees him rarely comes with a translator. u.s. basketball star brittney

griner was arrested earlier this year for also carrying cannabis in russia. though she had less than a gram and said it was accidentally in her bag. >> we can thank brittney for bringing attention to the overall situation, and i do thank her. >> reporter: right now marc is not part of a prisoner swap proposal that the biden administration put on the table with russia earlier this season, offering to trade viktor bout for arms smuggling for griner and paul whelan, another american wrongfully detained in russia. >> i think for the administration to bring out three noncriminals in exchange for viktor bout is the right decision. he is not on even comparable to the other three in terms of crimes committed. >> reporter: during a court appearance this week, marc's sister tells us that he again admitted guilt, but he also talked about the fact that he

had this chronic pain, that he has a metal rod in his back and that's why he had the cannabis with him. but the russian court still rejected his appeal, leaving his 14-year prison sentence intact. kate. >> kylie, thank you so much for that. thank you all so much for joining us. i'm kate bolduan. "a.c. 360" starts now. good friday evening to you. jim sciutto here sitting in for anderson. tonight making sense of the unprecedented look we've just gotten into what until now was almost unimaginable, the criminal investigation of a former president. it follows the equally unprecedented court-approved search of a former president's home. today under orders from the same federal judge who approved that search warrant, the justice department released the affidavit backing the warrant. the document laying out the government's case that a search could yield evidence of a crime or even multiple crimes.