i it was number one on the apple podcast charts. congratulations to anderson on that. we're going to put a qr code on the screen. if you point your cell phone camera at it, you can get a link to it. anderson started recording while packing up his mother's passing and going through keepsakes. anderson starts a conversation about the people we lose and the things they leave behind and how we can move forward. it is really wonderful, so go have a listen. the news continues, to let's hand it over to laura coates and "cnn tonight." >> thanks, john, nice to see you. i am laura coates and this is "cnn tonight." frankly, it's long been the subject of bitter, bitter political debate. how do you deal with influx of asylum seekers, otherwise known as human beings, flooding to our country? and what do you do with the ones that are already here? do you round them up somehow and

dump them in another state, so-called sanctuary cities so that they can figure it out. what i just described is exactly the strategy of some republicans governors on the far right of this divide, governors like you see on the screen, governor greg abbott of texas and ron desantis of florida. the latter declaring quote, every community in america should be sharing in the burdens. it shouldn't fall on a handful of red states. the real question is, for many americans out there, do you think desantis is right? we're going to hash that out in moment here. buz was it right for he and abbott to do the following? texas governor sent two buses of asylum seekers to the home of vice president kamala harris. it happened today. and then drove away, left them there. they apparently had no idea

where they were or why they were at that particular location, let alone, perhaps, its significance politically speaking. and last night, florida's governor flew two planes with an estimated 50 migrants into the small island of martha's vineyard off the coast of massachusetts. there was no heads up they were coming according to local officials. and it set off quite a scramble on the vineyard trying to get shelter and food for those migrants, all believed to have originated from venezuela. today, here is what governor desantis said. >> we are not a sanctuary state, and it's better to be able to go to a sanctuary jurisdiction. and yes, we will help facilitate that transport for you to be able to go to greener pastures. all those people in d.c. and new york were beating their chest when trump was president saying they were so proud to be sanctuary jurisdictions, saying how bad it was to have a secure border. the minute even a small fraction

of what those border towns deal with every day is brought to their front door, they all of a sudden go berserk. >> well, the white house condemned both moves. they didn't go berserk, but they called it a cruel, premeditated, political stunt that is, quote, disrespectful to humanity. and of course, as you might president exam, the reaction on the hill, well, it's washington, d.c. so, it's falling along party lines. >> sharing the burden. this is a national responsibility. it should be a national burden. >> this is the party that also speaks about, dwyou know, the sanctity of life. i guess they don't care about the lives of these people. >> it's a terrific idea. i don't know how else to get president biden's and vice president harris' attention to the broken borders, mistreating and being inhumane to those who are immigrating to this country does not reflect well to the governors who are sponsoring this conduct. >> i mean, you've certainly got

the attention of vice president harris, of course, and so many others on this very issue. but we also know why texas governor abbott chose vice president harris' home for his latest decision to drive migrants to a different place noting that there are many different states between texas and, say, washington, d.c. in a statement, he railed against her for recently claiming that our southern border is secure. he says, as our, quote, supposed borders are, unquote, she is yet to even visit the border to see the firsthand impact of administration's border policies, which he describes as open borders. and there is plenty of criticism heading that direction as well for the decision not to visit the borders. but what made florida's governor choose martha's vineyard of all places? or perhaps should i say, who? >> next up in the equity train has got to be martha's vineyard.

you probably imagine edgartown is pretty diverse. the obamas live on the island, right? as of 2019 only 3% of all people, all residents in edgartown were born outside of this country. they are begging for more diversity. why don't send migrants there? in huge numbers. >> hm. i wonder if that's coincidental that that was mentioned by him and then the flights arrived? well, whatever or whomever the reason, these are moves that fire up all sides. and of course the electorate as well. so, let's get a take and a mix of those takes as well. here with me now is former u.s. senator doug jones, a democrat from alabama. he was also a u.s. attorney. cnn political analyst april ryan is the white house correspondent at the grillo. and doug heye is a former rnc communications director. wow, i'm glad you're all here. i don't want to talk about this by myself because, listen, there are so many points here. first of all, i know my geography is not always perfect,

but there's a lot of states in between a texas or a florida to get to those different places. him talking about this as a way to share the burden, as you talked about, dr. desantis, pointing out the red states. that made it political even more obvious. is there anything beyond a stunt being pulled? >> let's look at martha's vineyard. martha's vineyard is an island with six towns. it doesn't have the infrastructure like a city of boston, okay? it has a hospital, 28 beds and three critical care beds as well. it has a food pantry. but those asylum-seeking migrants are in a church in ed bartown right now that has bathrooms, no showers, okay? so, that's an issue all unto itself. the -- >> you're saying the idea of not

bringing them to boston where there may have been infrastructure, very intentional about edgartown. so, why edgartown, do you think? >> why edgartown? well, there are many persons, very famous household names that have homes there. but edgartown is a very wealthy enclave. but it is a vacation town. the majority of the island, even edgartown, has left. tourism is the second largest portion of their industry there. under -- what is it -- construction. many of the homes are older and construction is number one and tourism is number two. many of those who travelled there for the summers are gone, and those -- about 23,000 people -- who are on the island who are year-arounders are there, and they're helping the people. but the problem is showering and other issues. they don't have, you know -- restaurants are not open like they used to be. the markets are closing earlier.

there are people there, but it's not the kind of infrastructure that you would have during the summer. but they're thinking about moving the people to the shelters for them to get showers. >> that's the reaction from the people who are there, right? i want to know about the motivation to send. and ron desantis, governor greg abbott, this is something -- and there is criticism. and i believe there's fair criticism about why there has not been the visiting to the border to see the issues that are there. people see this as porous. vice president harris has been criticized throughout the administration given her repertoire includes this issue. why do you think this is thought as a political, viable solution to get this done? >> it's not a solution. make no mistake, this is not a solution. if it was a solution, they would be picking up the phone, and they would call in the administration, say, we've got to have some help here, okay? they don't have the infrastructure there. we have some makings of this and we can do some more. they don't want a solution.

they're not looking -- it's a stunt. it's a pure political stunt. and remember, this is not just states between texas and massachusetts. he's flying all the way from florida somewhere. these were 50 people -- just 50. it was not like it was the thousands. 50 people that he -- that the florida governor picked up in texas and flew around to get to martha's vineyard. and it's really a political stunt. now, having said that, i agree with you. there is a lot more that needs to be done on this, laura, a lot more that needs to be done. but people have to start talking to each other and quit using these poor people as political punching bags. i mean, that's the biggest issue. >> when you think about that, doug, what's the strategy? you're a strategist on the republican side. there's no surprise that people have very visceral reactions to our immigration policy in this country. the irony is certainly there, that we are a nation of immigrants, as they like to say. and yet there is a visceral reaction to asylum seekers, even

when it means they don't have the same viewpoint as relates to overseas. but i wonder, in thinking about this, this idea of distribution of what he calls, what they have called the burden. is that a winning argument among the republican electorate or even independents who are coveted? >> in the republican electorate, it is a massively popular argument to make. it's not even that it's not a solution, it's not designed to be a solution. >> right. >> it's designed to be a ploy or a stunt -- i tend to be pro political stunts, by the way. >> but not this one. >> this is clearly using people for pawns in this situation, political pawns. and if you're jockeying to run for president, as we have two governors in texas and florida who are trying to do, this is how you do it. whether a democrat congress or republican congress steps in and enacts some ledge slaks, there will be no solution. there's more the biden administration can do and should do, but it staerts with congress. when i worked for eric canner,

it's one of the reasons he lost was the issue of immigration. when we brought to our members the four-point plan on immigration, our members told us at our retreat in williamsburg, we don't want to do this. this conversation is over. and it was. >> doug, i don't disagree that congress is the ultimate solution because that's what the constitution says. it's a federal government problem. but these governors have senators. these governors have members of congress that represent their state. they ought to be trying to figure this solution out instead of pulling the political stunts. but instead, i saw senator rubio, senator cornyn, and they're cheer leading this stuff. and that is not seeking the solution. >> why? >> one thing, this is -- you can't just say that we're going to fix the system in two days with sending people to the vice president's house and to martha's vineyard. the system has been broken for a long time. and the issue is both sides can't come together on the rationale of human -- the humane

part of dealing with asylum seekers for one, and then trying to figure out who stays and who goes. and let's look at this. the people that -- the situation with migration, the problem is we have more people who are overstaying their visas. and let's make that point. more people overstaying their visas than people crossing the border. so, that's the piece that people don't talk about. instead, it's about race. it's about where you come from. and that is part of the piece that is not included with those who have overstayed their visas. if you're going to talk about the system, really get to the point where it's the problem, more the problem than what's happening. >> the racest part of the conversation as well obviously because we know about the theories about the browning of america, the idea of the us versus themes, as it continues to penetrate what we have. we've got political vengeance on

the brain for so many people. in the end, i just wonder how the administration is going to deal with this knowing that there is the midterm elections coming up soon. and i don't mean that everything is centered around the midterm elections. but that is sort of an arbitrary deadline we as voters give our members of congress. but do you think they have to do something now in the administration before the midterms? what can they do? >> exactly. i mean, i think it's an issue that they're going to have to deal with eventually. i don't think that -- this is such an important issue for just humane purposes. they need to have a serious sitdown with congress and others if they will do it before the midterms and try to see if there's something they can do. i don't see that happening. they're going to have to take this. but desantis and abbott, this is a beyond midterm issue for them. this is not going to -- this issue is not go to drive the midterms. it's going to drive what happens in texas maybe. it might drive, you know, desantis is doing it because charlie crist is giving him a run for his money.

beto is giving abbott a run for his money. that's the only two states in my view. i may be wrong. >> i don't think they'll be doing it anyways, but yes. >> it's also for the future as well. >> 2024. everyone stick around, with goeft more to come. a top u.s. senator has now put his party, let's just say, in quite a pickle ahead of the crucial midterm elections by flip flopping on what can be described as an explosive issue. >> staged to decide the issue of abortion. i think we should have a law at the federal level that would say, after 15 weeks, no abortion on demand. >> did you hear that? there were some republicans slapping their forehead, asking the question, why, and what on earth lindsey graham was thinking when he introduced this bill to restrict abortion rights on a federal level. why he's doing this now and what republicans think about it in particular and whether states should really decide the issue. we'll talk about all of it next.

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look, i'm sure abortion is the last issue that most republicans want to be talking about right now, especially as we head into what's known as the home stretch of the midterm elections. so, then begs the question as to why senator lindsey graham proposed a bill this week to ban abortion nationally after 15 weeks. tonight we have brand-new insight into his decision. a source familiar with graham's thinking says that he believes that trying to side step the issue is just, well, it's not working for the gop and that most americans agree with his proposal. so, republicans, not so much. listen to this. >> this is an issue people are talking about. ultimately, the campaign is

going to be -- the election is going to be about this ridiculous inflation. >> i don't think there's anything at the national level for sure that comes anywhere close to getting 60 votes. >> i support this going out to the states and letting we the people decide. >> i think most of the member of my conference prefer that this be dealt with at the state level. >> well, back with me now, doug jones, april ryan, and doug heye. so, if most of his colleagues preferred the state level, i'd like to try to get into the mindset of senator lindsey graham here as to why now. i hear you laughing. you don't want to go there. but why now? why now? >> he hasn't gotten attention in a good week. so, if you're lindsey graham -- >> wow, wow. >> -- that's it. you have to feed the attention machine. i'll tell you, you know, the day he said that was the day the biden administration was having at the white house -- i think you were there, right, april -- an event on the inflation reduction act, where we got terrible inflation news yet again. that should have been the focus for all republicans. and instead my phone was filled

with texts from other people who worked on capitol hill with republican campaigns with a lot of people using words that rhymes with truck about what lindsey graham was doing. it takes the message off what they should be. >> so, why? >> doug, texting what their message should be from a political standpoint, but it puts it right on the message of where they are and what they want to do. to that extent, thanks goodness that lindsey graham has at least got the fortitude to say, this is what we're going to do. this is how we're going to do it. this is what -- if we get control of the senate and the house, this is what we're going to do. >> you want them to show the electorate who they really are. >> everybody should show the electorate who they really are. look at everything going on, with election deniers walking back in new hampshire. look what doug masters is saying in arizona about the abortion issue. wiping their websites about their previous statements about

abortion and the roe decision and date oobbs. people want their elected officials to be straight with them. if they vote for them, great. >> i want to hear from you on this april, but i want to play for the audience. remember republican don boldic, he just won the gop primary in new hampshire. keep in mind, these two clips i'm going to show you are less than 30 days apart. here's how he addresses the idea of beingorward. >> i signed a letter with 120 other generals and admirals saying that trump won the election and damn it, i stand by my election. >> i've done a lot of research on this, and i have come to the conclusion -- and i want to be definitive on this -- the election was not stolen. was there fraud? yes. unfortunately, president biden is the legitimate president. >> april, i mean, i could hear, i can see.

i -- what is he showing the electorate he is there? >> well, what he's showing is that he wants to win an election, how about that? he wants to pull in independents the way it looks and possibly democrats. for him to go totally against what he said, just 30 days ago, i mean, there's instagram. there's facebook. there's the twitter to show you what he said. but now -- >> receipts. >> receipts. yes. as the young people say, receipts. >> you called me young, thank you, april. thank you. >> i'm there with you. i'm there with you. but at the end of the day, either way, one of those comments will hurt him because if you flip flop within a 30-day period, people wonder, what he is trying to do right now is pull in those who could help him win in that general election. >> it is a complete lack of character, period, complete lack of character. >> you said it. >> it is saying one thing to get the vote, saying another to try to pull in some other votes.

>> some would call that politics, sir. >> then we need to change our politics. we need to make sure people like that are not elected to the united states senate. how in the hell are people in new hampshire going to trust anything he says when he goes to the floor of the senate and says something. is a poll going to change his mind the minute he walks out? >> unfortunately that seems to be the case with a lot of politicians. >> what was his position on the national abortion bill 30 days ago? very different from now. but operationally in a campaign. we have somebody who was a candidate here, candidates do not have a lot of time to do research. they are raising money. they're going to events. what happens is either they say what they always thought or somebody put a piece of paper in front of them. they've done a lot of research. they're lying. >> by him saying i've done the research and had this epiphany that it was not a stolen election, that's somebody feeding it to him?

>> it's one or the other. but he didn't go to the library and pull out an encyclopedia and files and things like that. >> i wonder because april said what was really, really poignant. and that is one of those statements will hurt him. and it focuses on the idea of the collective of the lack of character, the idea of flip flopping. the question is, how will you know and how does the electorate -- how will they know which one is successful? the election will tell us, but which will be the revelation? >> it's a long time -- i mean, it's a short period of time. we have how many days, how many hours, how many minutes until the general election? and anything there's that hidden variable that could pop up and it could catch him in that moment. one way, when he said, oh, he's not na legitimate or the other way where he said he was. we have to wait and see how this plays out over the time. >> it's no longer -- he just made it no longer about whether the election was stolen.

it is solely now about trust. and that's what maggie haasen will talk about. few people have a st. paul and a road to damascus epiphany, which he has tried to have. it's about trust, and that's what you will hear from the haasen campaign from this point on. >> we'll see who it convinces, which answer will hurt him. stick with us. new tonight, a special master now appointed in the trump mar-a-lago case after a league feud. who it is and what the selection means for doj's criminal investigation? we'll explain next. ♪ ♪

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all right. look, there are some big developments tonight in the mar-a-lago documents case. there will be a special master to independently review the more than 11,000 documents that were seized by the fbi from former president trump's florida home.

and we now know not just that there will be one, we know who it will be. federal senior judge raymond dearie. now, he was one of the two picks put forward by trump's team. and now the clock is ticking. he has a november 30th deadline to finish his review of the documents. dearie will look to see if any of these should be shielded from investigators because of attorney/client or executive privilege, which is the point of contention. all of this means the judge rejected a doj demand to allow prosecutors to continue their review of the classified documents, now teeing up an appeal. cnn political correspondent sara murray joins me now. sara, does this now mean the doj is left sitting on its hands? >> well, not entirely. you know, that was sort of what came out of this. you know, the judge basically said, look, a am not going to change my decision. you do have to pause your review of these classified documents as part of this criminal investigation.

but she also said, it does not restrict the government from conducting investigations or bringing charges based on anything other than the actual con content of the seized materials. she's saying you can talk to witnesses about where the documents were stored, about how they were moved. but what you can't do is show these documents to witnesses in interviews. you can't be taking these documents to make a presentation before a grand jury. and as you know, that does make it very difficult to move forward with an actual criminal investigation. >> especially because what is the that you're telling people about, the idea, the hypothetical. there's something i could show you but i can't. is the idea here that the national security concerns are simply not top of mind for the judge? stopping this means they can't now undertake that continuing notion of is national security compromised in some way? >> the justice department argued you really needed to let doj, to let the fbi be able to look through these classified documents if you wanted them to do a full damage assessment with

the national security team. they're saying these things are not separate. we need to be able to work together with the intelligence agencies. and the judge really isn't buying it. she's saying, i'm not buying that the damage assessment to national security is going to be impeded. she said, first there's the no actual suggestion by the government of any emergency or imminent disclosure information arriving from donald trump's allegedly unlawful retention of seized property. the unwarranted disclosures that float in the background have been leaks to the media after the underlying seizure. so, she's making sort of clear in this that she has been more concerned about the leaks she has seen around this investigation, this special master process, and sort of giving that almost more credence. and the justice department is arguing that, hey, this decision you have put forward could impede the intelligence agency's ability to do their damage assessment. >> that strikes me as odd that

you would be more concerned about a potential leak to the media than the potential leak to classified and top secret documents. it occurs to me if you're talk about a dni assessment of what could compromise our national security, is the judge saying she wants to have the proof as opposed to the probable cause and the investigation at this point in time? >> she's sort of saying, you know, look, i'm not just going to take the government's word for it that these documents are classified, that there has been, you know -- the trump team has put forward the notion that donald trump can declassify documents. they don't actually say in the court documents that he did declassify them. the judge is saying, look, i want to special master to weigh in on all of this first. >> what do you know about this person, the judge? is the person who is a special master, do we know anything about this person yet? >> yeah, this is a senior person who was put forward by the trump team. trump put forward two candidates. doj said we are not okay with one of these people. they do not seem to have the relevant experience here. they said, we are okay with judge dearie as being the

candidate here. he has experience on the bench, has experience dealing with classified materials. so, it's someone doj felt comfortable with. >> i don't know if i call that progress or not. sara murray, thank you so much. coming up, our legal and political pros are going to weigh in on tonight's political rulings and what they mean for trump and the doj and i hope national security going forward when "cnn tonight" returns. ♪ any way you want it ♪ ♪ that's the way you need it ♪ ♪ any way you want it ♪ ♪ any way ♪ ♪ any way you want it ♪ ♪ that's the wayou need it ♪ it's back america. applee's all you can eat boneless wings. just $12.99. we were told, super young, that you have to be tough, you have to be macho in a male perspective. you feel like, you know, you're not able to open up and, you know, be vulnerable with your feelings, you know what i mean. you have this idea of this machismo, right? like that you have to always be the toughest,

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all right, everyone, we now know who is going to review the documents seized from mar-a-lago. and we know when that person is supposed to be done. and we know what the doj can't do in the meantime, and that is review those classified documents. let's break it all down with shan wu, doug jones, and doug heye -- the dougies are back here as well, everyone. first of all, shan, tell me what you make of this senior judge that has been chosen as a special master. there was a bit of a compromise. it was trump's person they put forth. but doj said, of who you've chosen, we're okay with that. what do you make of them? >> they got rid of the really

extreme person hook and they have this judge who obviously has some experience with national security issues. he was on the fisa court. >> fisa being that secret surveillance court only judges look at. >> right. but that doesn't make him any expert on executive privilege. that's what the trump strategy is about. he should be a perfectly fine judge. but i do really think that opinion, her decision is just a travesty. >> let's talk about it right now, doug. what do you make of it? >> i agree. it just -- it just doesn't seem to make a whole lot of sense. there were two things to me that kind of stood out. number one, she clarified something. the investigation goes on. he made sure because her first order was all over the place. but she made sure that the investigation goes on because the content of the documents in and of itself doesn't necessarily mean that they can't talk to witnesses, figure out what happened with the documents. it's not -- >> but it does hamstring them a little bit not to have access

fully. >> it does for a little bit. but, you know, look, this is not -- we're not close to a decision on this. but you don't have to show somebody the document in a drug case or fraud case like that. that's number one. you know, the other thing that kind of struck me is that she has now given a member of the judiciary the ability to try to decide what's classified and not classified. that doesn't make any sense to me at all. even with his experience on the fisa court, that is an executive branch decision. and whether he agrees with that decision or not, i'm not sure that that is a proper subject for the judiciary. >> when you think about it, the idea -- again, i think to the larger point, yes, one could prosecute a case in the grand jury, for example, and talk about the drugs that were seized through witnesses. the thought maybe is that you would be able to talk about what was seized in that inventory without showing the classified documents. he makes a great p point, doug. one of the reasons you have the

documents, what are you going to do? give them all security clearances to hear the evidence? and now you've got this idea of this judge being in a position to decide an issue that doesn't seem to be the issue that doj is looking at. i mean, the privilege issue is one thing that trump's raising. why is he harping on that? it's winning when he thinks? >> it's winning one for him. >> with the electorate? >> with his base. he's able to communicate his messages to his base and they like -- it's like going to a rock concert. they love every song he's singing and they're going to sing along with it. the challenge for trump here is we're talking about one specific things, what papers were at mar-a-lago and whether they should have been there or not. there are criminal proceedings being investigated in georgia and new york. the january 6th committee is going to have more public hearings. whether trump wins or loses on a minute detail, whether it's an important one one way or another on the mar-a-lago papers, there's a lot more going on here. that's why there's a feeling of quick sand around him as more

and more people are cooperating and folding on him. >> speaking of the idea of the rock band, every song you love to have play, here's a common refrain, it's been stuck in people's head for the better part of many years ever since we heard trump say, i could shoot someone on fifth avenue and not have anything reactive. there was a statement today on a radio show, and listen to what trump said there. >> if it happened, i think you'd have problems in this country the likes of which perhaps we've never seen before. i don't think the people of the united states would stand for it. >> what kind of problems, mr. president? >> i think they'd have big problems, big problems. i just don't think they'd stand for it. they will not -- they will not sit still and stand for the ultimate of hoaxes. >> just so we're clear, what the "it" is, shan, is if he were to be indicted. that was the reaction, he said. there would be big problems. anyone of us remember the idea that's been part of the investigation a potential

allegation of calling and inciting violence? >> that's exactly what he's doing again, trying to do january 6th all over again. but it's a pretty impotent statement to make at this point and it's very early in the investigation. however, i think his real ally in this is judge cannon because it's really dangerous what he has done, in meddling of the judiciary, not only the national security issues, but she's meddling in the investigation. and also, you know, there's a danger to this idea that you can carve out what they can't look at but still ask questions because it sets the stage for a potential taint of the investigation if later the special master says, hey, this was off bounds but you somehow managed to blunder into it through your questions, that could cause the investigation to go down the toilet. >> what do you make of the midterm, november 30th? what do you make of it? >> it's a deadline. it doesn't mean he has to take that long to do it. and another thing, it doesn't stop him from doing a rolling review of this, particularly with the classified.

there is a whole subset of this that's classified, secret, whatever you want to call it. and then there is a lot of other documents out there. if i was the doj, i would try to do everything i could to implore this special master to let's look at this classified material. make rolling production, so to speak. it happens all the time in discovery, in criminal cases, in civil cases. bring that out, let us get that because there is a national security concern. and we need to get that issue straightened out. >> piecemeal is always an approach. i wonder how they'll prioritize which to look at first. but the devil is in the details. we all know. doug jones, thank you so much. shan and doug heye, stick around because up next, when dna works against a crime victim. in this case, a rape victim. why was she aest ared years later. now, the answer may have you thinking about how police are using dna evidence nationwide. we'll talk about it next. answer a few questions and our techno wizardry calculates your car's value

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city. dna from her rape kit was used to arrest her for theft charges. now, the arrest charges were dropped after this case came to light. and the city did pass an ordinance prohibiting cops from identifying suspects by using dna from an rape kit. doug is back at the table. you have been tuching to source about your story and the implications are pretty far reaching. what do you think about it? >> i talked to a lot of lawyers, particularly former lawyers and former mayor of baltimore, and he says this is an ethical breach. you can't do this. it looks like they could settle out of court because there would be so much exposed and given to the platy if this goes to court. he believes, along with the other lawyers i have talked to

that there could be some kind of effort to create some sort of law to prevent this. he said you cannot use evidence from one case to another, especially without asking the person for permission. >> what's your take? so we are clear from what's happening. this was a victim of rape, dna was taken in order to capture the rapist. and then the dna was used to charge her for a crime later on unrelated to the rape. what do you think about this being used. the cops knew the source of the dna, but what do you make of that. >> it's a terrible situation. it's much bigger problem about privacy issues and what happens to our data, genetic history. but as a former sex crimes prosecutor, we already know how hard it is for survivors to come forward.

and the idea that this kind of information is going to happen is going to be a huge disincentive for them to want to come in regard. and the other thing people need to realize, may not know this, taking the evidence from an rape kit is not exactly unintrusive. it is extremely intrusive, extremely traumatic. so having this result, it's used as a band-aid. they need to look at it from a different issue, but that ordinance has been passed that you can't do this in future cases. >> the politics of it, it always comes back. i have stories about the backlog of rape kits not being tested. but you have this idea now, hold on, if this could possibly solve a crime and you have this political flag that has to be waive and saying we are tough on crime, not soft on crime, how do you think this plays out to those looking at trust already.

>> it's a difficult and complicated issue and you used correctly the word privacy. it means a lot more than it did 5 or 10 years ago. everybody with a phone deals with privacy issues every day of their lives and ultimately this is going to be solved in courts on legislatures. >> when you think about who this impacts as well, you are talking about rape victims, you talk about the vulnerability and incentives, how do you think this will play. >> it is privacy. we talked about phones. this is personal privacy. and it is -- it's one of those red lines that you cannot cross. i'm a victim. why are you victimizing me yet again by taking my dna wrongfully to go after another crime? it is -- it's obtrusive. it's intrusive, all the above.

>> and of course, again, it wasn't as if it was voluntarily handed over in the best of circumstances. this was something that was taken after a private investigation. >> and they even called her jane doe. they don't want to give her an identity, yet you are using her dna for another crime. >> i wonder how many other cases like this are out there. we will have to follow this story, everyone. thank you. you know, i want to take a moment now to remember a friend and colleague, both in the legal world and someone you often saw right here on cnn, page pate. he is someone we might very well turn to for insight for a story just like the one we discussed here today. page died this week and far too soon at the age of just 55, in a swimming accident off the coast of georgia.

he was a trial lawyer for 55 years and on constitutional law and other high primary cases. i had the privilege of working with him over the years. >> i want to introduce my former prosecutor, and constitutional attorney. >> that was back in 2017. and i really had just started primarily in what i was doing, and page was always kind, always professional and a very standup lawyer. and he cofounded the georgia innocence project, his legacy, advocate for the criminally unjustly convicted, adding above else we will remember his kindness and generousty, always there to help and never asking anything in return. page is survived by his wife and

two beloved sons. our hearts are with them tonight. we will be right back.

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. hey, that's it for us tonight. i will be back tomorrow night. don lemon starts right now. hey, don lemon -- no, should i say good morning, don lemon. >> i don't have any idea what you are talking about. >> maybe you are on london time. there is big news over here. >> i'm exhausted. i just got back today. what a plan this being on the plane while this happened and my phone was heated up all day. let me just say it's bittersweet for me because i work with the best team in this building, one of the best teams in this business and we built this show out of nothing. this show was not supposed to exist. and because i have such fantastic producers and writers and maria wh