york times reporting that trump knew there could be legal problems if he didn't return government documents but refused to anyway? well don you've been talking over the past several weeks and the courts are about proving knowledge and intent. if i described on the show, one of the most difficult task for prosecutors as you have to establish, beyond a reasonable doubt. not just that the documents were there. that is fairly easy to establish, but that donald trump knew they were there and that he had a criminal intent. well if you have a reliable lawyer like eric kershaw and saying i told him to his face that he had these documents you shouldn't have them. they could get to in trouble. well a, that shows donald trump you had the documents. be, it shows that he knew holding on to them was wrong, in some respects. so that could be a really crucial piece of evidence, don. >> according to this report after his conversation with -- trump returned 15 block the national archives by head on to other documents of the high security classification. does that raise the stakes in this investigation?

but >> i think it does. as elie points out the intent issue has always been a question mark. we didn't know what he knew and whether he realized his act was going on. it was a with full act which requires a statute. but now, this reporting indicates it had apparently the conversation that they didn't know priceless to date. it is like 2021. so herschmann is not talking to him as his lawyer. but he's probably trying to give him some good friendly advice. because, trump is, at that point and a hefty discussion with the national archive and is trying to get documents back. so, it is after that, in january of the next year. that he starts returning up to 15 boxes that have 184 classified documents. that is when it goes to the department of justice, and investigation starts. so this reporting, we don't

know why it has come up now. but this is certainly a key witness. her shin was a witness in from the january six committee. we had clips of him. he is very strong witness. and, apparently, he warned trump. don't hold on to these documents. we should be deadly testimony. >> this all was coming and we are just hours away from the special master of the judge meeting face to face with trump's legal team and the doj. both sides submitted letters to the jury tonight. what are they saying and what can we expect from the preliminary conversation? >> the most interesting thing, don, is like donald trump's team has been called out on this claim that he did classified documents. trump's been saying that publicly, of course, many times over. but the lawyers, conspicuously, have declined to say that and unambiguously in court. what it looks like as a special master is given part of the draft plan. here is how we are gonna go about this. and later that donald trump just filed a couple of hours ago they say, well, in your

draft plan you say that we have to specify which documents we believe donald trump declassified. we don't want to do that right now. we don't think is the right time for. that there will be a later time when we are going to do that. that sort of conspicuous. why are they being so but -- as a law you have been at the duty that you cannot fight to the court. if you believe that your client did not declassified documents you cannot say that he declassified documents. so, they're really in a corner here. they're going to have to answer questions about that tomorrow. >> okay, wow. we're also just hours away from trump's legal team's deadline to respond to the doj appeal for accessing classified documents seized from mar-a-lago. john, do you think the 11th circuit will intervene? >> i think the 11th circuit has got to make a decision. they do have to resolve the case.

the state has been appealed to the 11th circuit. we don't know what the panel is yet. it could be a three judge panel, initially. and they lose they could take it to a full panel. it is not a friendly circuit for the government, it is very conservative. it's full of trump appointees but they're going to have to make a decision. the question is, will they continue to let the classified documents be a part of this body of information? or what they follow the government's request and extract those. take them out, say under no circumstances does trump ever get these documents back. they belong to the government. nor is there any executive privilege beliefs. that will resolve that issue, take that out of the special master's hands. but >> if the appeals court is going to entertain it needs to do it pretty soon because the special master will review the classified documents, first. what is the play here? how do you see this going?

>> there's an interesting play going here calendar in timing. keep in mind we are six weeks out from the search. have doj had not objected to the special master the special master could've already been through these documents. so, yes, i think the 11th circuit has to act quickly here. but as john dean just said. we are glad to start with a three judge panel. but whoever loses that can then ask the entire circuit to rule. and whether they do that or not, whoever those risk and then the asked the u.s. supreme court to intervene. so, i presume this appeal i understand the doj really did not like the ruling on the special master. especially on classified documents. i'm stuck doj felt like they had protect in institutional interest and fight this. but they are contributing to the delay by pursuing this appeal. it is a given take. it is strategic decision that gop made. >> only get you checked on, elliott i should say on the assistance of president trump, advisers should say.

so, this judges overseeing the foreign lobbying trial of the adviser, tom barrack. tell a potential jurors that trump could be called as a witness -- do you think the former president will be called to the stand? >> i think it is very unlikely. >> you will see in a criminal trial, where one party or the other will be the old face name. such as donald trump. it is very rare that those people end up taking the stand. the gist of the allegation here was that tom barrack who was, at one point, and associate and advisor to donald trump. was essentially lobbied tonight updates on behalf of a foreign country. the united arab emirates without disclosing that. how donald trump might fit into that, well, trump is one of the people being lobbied by barrack. so, if there is some relevance there we may see it as a witness. but i think it's very unlikely a district allows that. >> all right, john, i want you to weigh in on this. we are some of the republican

congressman, matt gates, is looking for a way to parts and late into -- that is according to a federal trump hate who testified before the select committee. apparently, gates told the aid that he didn't do anything wrong. but they are trying to make his life. does this news make gates's life and even bigger because innocent people don't often push for preemptive pardons. >> that is correct. i think he has a lot of greens as well. so he has a little bit more understanding than the average citizen. i think, yes, this is not a good move for him. to have this information out. obviously, trump did not act on it. he did not get the pardon. and so maybe -- what surprised me don about this case is that it has been a long time cooking. and if it was going to go somewhere you think it would've gone. the key witness against him has

already confessed and is trying to get a break from the government. i don't think he's been sentenced yet. so he may or may not be a good witness. that maybe what's holding up the case. so this is kind of that never land where we don't know or we just get a little signal every now and then about whether it still kicking. >> john dean, and they only, still -- bring in cnn sarah sidner. she's been looking to the former president trump and qanon conspiracy theorist. okay, sarah, good evening to you. how does trump apparently linking himself to qanon conspiracy theories? >> and many different ways. this weekend he gave this very dark speech about the state of america as we know it. and while he was doing so, some music began playing at the end of the speech. sort of this music that was very low but you could hear it. you can clearly hear it.

let's listen to a little bit about what people were listening to during that speech in ohio. >> perhaps, most importantly, we are a nation that is no longer respected or listen to around the world. we are a nation that, in many ways, has become a joke. and we are a nation that is haas still to liberty, freedom, and faith. we are a nation whose economy is floundering. who stores are not stalks. who's deliveries are not done. and whose educational system is ranked at the bottom. of every single list. we are a nation whose once revered airports are dirty. crowded, animus. donald trump talk about all the bad things he can say about america. of course he's blame that on joe biden, not himself. that low music that you are hearing play under their. that sort of classical sounded exactly like the song called, w

w g one, that pga, which is an acronym for where we go one we go all. the slogan has been co-opted by qanon conspiracy theories and inextricably linked to their conspiracy theory. for some in the qanon world. adhering to the song, they look at it as yet another message, and we cannot to them that donald trump is a witness. he's a believer, and the outlets landed conspiracy. you've heard these conspiracies don. you've heard some of the things about them being democrats, that he is going to come and he's going to put them all in jail. that he's going to execute them. that is the mentality with some of these conspiracies. and also that they drink the blood of children. i mean to get more and more outrageous as you sort of go down the rabbit hole. but, that music pales in comparison to something that is much more avert. that is what we need to show you as well. trump showed this picture on his true social website. there it is.

you will see it is re-tweeted by donald trump. that circled in red. and it shows him with a q pin on his lapel. and the words, storm is coming. below that is where we go one where we go all. that is a direct reference to qanon. no bones about it. and donald trump re-tweeted that. that is just one of many, by the way. there are many more where he's retweeting people who are very well known as qanon conspiracy theorists. >> i know nothing about qanon i know nothing. so he's denying that this was a qanon song. but you have looked into this. and you are saying that it is a song to his team. they are saying it is a song called mirror. if you listen to both they sound alike? >> they certainly do. i cannot tell them apart. one of them is the where we go

one where we go all song that was put out on one of the music websites. the other is indeed called mirrors. and they sound identical. as i try to listen to the two of them side by side they sound identical. but, trump's team says look, this is nothing to do with qanon. it is just a song that we are able to play because it is free and we can use it. here is the issue. they still have not said anything about that re-post that donald trump put on his own true social website. showing him with a q pin on his lapel. that has no response at this point. we haven't seen anything from them about that. >> what is the danger in engaging this type of conspiracy theorist? i mean, beyond the share pandas of what they believe here? >> in june, cnn reported that the fbi has warned other lawmakers an online qanon conspiracy theorist may end up carrying out violence as they move from serving us what they

call themselves, digital soldiers. to actually taking real world acts and violent action the report suggested there all these different -- from the different queue ideals. none of them have come true. they haven't materialized. but the fbi says that has not led followers to leave or abandon the conspiracy. indeed it has done something that makes them double down and believe that they have to take greater action or control in the direction of the movement. that could lead to more violence. and therein lies the danger. >> so what they say about that? >> they did not respond. they've responded about the song. that was the big thing over the weekend. but this, more than 100 re-post on donald trump's behalf linked to qanon, according to media matters. which has been tracking this all year. he's about 100 and for this point. re-post or something linked to qanon on his true social side. >> where are we?

what is going on? >> there is a rail idea here from experts who track this. that because this group of people were so virulent and they are so interested they are so engaged. that it appears that he is trying to engage this group that has some form of political power now. that is -- >> -- thank you sarah, always a pleasure, good to see you. so it is happening again. the catastrophic flooding. powerful blackouts. water rescues. that is hurricane fiona. it cripples puerto rico factor after the devastation of hurricane maria. they have never fully recovered then, they say it may be even worse now in a year for like $11k. hmm! order 11! yes, see you at 11. ♪ 1111 masters blvd. please.

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flooding puerto rico, where 1000 rescues have already been made. and tragically, we are learning that two people have died. so, here you can see, take a look at this. there's a temporary bridge getting swept away by floodwaters. the video shows flooding sets near the iguana he bow river which is currently a record high, higher than the record set during hurricane maria. the storm coming nearly five years to the day after hurricane maria, nearly leveled the island. so, joining me, now carmen lauren cruz, she is the former mayor of -- puerto rico. thank you so, much i appreciate you for joining us. i cannot believe that it has been five years. here we are again carmen. appreciate it, are you doing okay? >> well, you know it has been very rough. i'm going back to puerto rico this friday. i am right here at weizmann center in --

college at massachusetts. and it is very different seeing things unfold from another perspective. but knowing what i have already known and what the people that i work with no -- and one of the things is that we have wasted five years. five years of a reconstruction that should have been way much more advanced than it is. especially when it comes to the electrical grid. my parents who live in a town very close to send one lost power about three hours before the hurricane actually hit puerto rico. and right, now they are without water and without electricity, when maria came by they spent six months without water and electricity. so the fear of the puerto rican people is that history will repeat itself, that the aid

will be kept at the central level on the ploy the municipality and that it will not be a robust and consistent aid. and that fema will not have learned enough from the lessons of the past and continue to request things from puerto ricans that cannot be done. for example, sued the communications and start to be spotty. because the communication towers will stop their generators to put gas or diesel or to take care of them and shut them down for a couple of hours before they can run over. just today, i had difficulty getting in contact with people in puerto rico. so, i think that it is very important. and i have to say that i was very happy to hear the new director of fema state that the number -- was a steep save lives. i remember when i said that president trump, october 4th of

2017, this is not about politics. this is about saving lives. >> i want to hear from the governor what he said on anderson cooper tonight. listen to this. >> i hope that it's going to be a matter of days to get the service back to most of our customers. one thing to keep in mind is that our grid is quite fragile still. it got fixed after maria but not really improved since maria. we are in the process of rebuilding the grid so that it is more reliable and more resilient. but that is underway. it hasn't been accomplished by any means yet. >> so listen, a couple of things there immediately they need aid and they need to be able to have things to get warm and dry, they need food and shelter. but what you're saying most

urgent, i think in the long term is what he is saying as well. they are going to need it infrastructure, they're going to need a grid, you are in contact with a lot of people on the ground there, how are they coping? what are they saying? >> they are not coming at all. but most of the mayors are saying that actually what we need is equipment. equipment to get the mauve out of the streets before it starts hardening. and it is a lot more difficult. and then eight cannot be deployed. but what we need is waiver from the staffer act that will allow for the aid to go directly to the municipalities. but also to establish that grid and transform the electrical grid. for example, in massachusetts there are programs based on federal money that allow people to turn their homes from electrical power to solar power. that can be done in puerto rico with the nine billion dollars that have been allotted to puerto rico for the electrical

grid. and only 40 million have been used at this point in time. micro grids can be put into place in different communities. and the ones where people needed the most. but also, the transformation of that grid has to be built differently. the staff act says that you build according to what it was. well, you have to polls on a mountain. and the wire going through. you know that there is going to be another hurricane going over. we need to transform and to build the grid in a different way. also -- >> probably need to bear those lines instead of building them in the air where they can be torn down. >> exactly. >> well, carmen, i have to run but if you give us our final -- your final word on it, please. >> well, puerto ricans have had redefined the world -- word resiliency. we have two hurricanes, eta and maria. -- the bankruptcy of the central government, two earthquakes

that devastated more than 10,000 homes. the pandemic, and now. this we have now come through each and every time that we have to begin to look for the department of solution to reoccurring problems. we will make it because our hearts and our minds only follow one truth. and it is that [speaking spanish] we are going to pull through. the former mayor of, san juan thank you very much carmen yulín cruz. you'll be well. thank you and come back in update us. thank you so much. >> thank you. >> so he pled guilty to three counts of attempted murder, five counts to attempted murder, and a first degree burglary in the new kentucky school in the school shooting there. but after 25 years in prison, he is not asking for parole. we are going to tell you about the case, next.

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a convicted killer in a mass shooting at a kentucky high school is making his plea for parole. on december one, 1997, a 14 year old michael corn neil fatally shot three people in a prayer circle at heath high school in kentucky. he was sentenced to life in prison, after pleading guilty to the counts of murder, five counts of attempted murder and a count of first degree burglary. but kentucky law requires minors to be considered for parole after 25 years. well, now, 39 year old core nil will present his case for pearl tomorrow morning in front of a two member panel from the kentucky parole board. and for more, i want to bring, and now, cnn national analyst -- and michael more the former u.s. attorney for the middle district of georgia.

good evening, thank you for joining, julia, you. first of many survivors and family members of victims are upset by this parole. pleading they want him to stay behind bars. >> we have missed nichols high school graduation, her college graduation, a wedding, her kids, our grandkids, many birthdays and holidays together. everything is gone in an instant. >> today i'm asking that do you deny parole for cardinal. the coal was given alliance sentence, michael played to a life sentence which i believe he should serve out. i believe that he should have to spend the rest of his life incarcerated. nickel does not get a second chance, why should he? >> i could speak for hours about what my life has been like every minute of every day for the last quarter stick jury without the use of my lakes. from the way that i get out of bed in the morning to the shower to reaching cabinets in

my kitchen to getting in and out of my car to the limited seating in a public area to the embarrassment of special accommodation that i have to -- that has to be made wherever i go. considering his life in prison is the only way his victims can feel comfortable and safe without being haunted by the what ifs. >> cornell was 14 and had paranoid schizophrenia. do you think he could actually be granted parole because of his age? what would that mean for these families julia? >> it means a lot. i want to start with the families. which is essentially that i think this testimony shows just how hard and long that these school shootings impact not just the individuals, not just the victims but the communities at large. i think that we become a little bit of money into school shutting's in the last 25

years. columbine happened after this incident. this was sort of the beginning for those of us who know a lot about it. it was the beginning of the schools being targeted especially by students columbine short of change that dynamic. i want to start with the victims which is that this never goes away. but going to the law, it also shows that the age of which these are happening at the time, 25 years is a long time to spend in jail, to seek mental health. and the kind of things that we're hearing are being put before the court. and i think that there is a possibility that he gets out. i think that the overall part of this that we should take away from this story is how immuned we have somewhat gotten to school shootings. and how actually personal and historic they are in this country. this is 25 years since the first sort of real school shooting. >> michael, so, i understand

that you don't think cornell will get pearl but one of the shootings actually argued for this -- first listen to this and then give a response. >> there was a 14-year-old child. and laid on the floor in the lobby of heath high school, blood from the side of my head and believed i was going to die. i said a prayer and readied myself today. when i feel that anger, i think about the 14 year old boy who acted that day. and i think of my own children. and i think the man that boy became should get the chance to try to do and be better. >> so, you say our penal system is about punishment and rehabilitation. so, what will this decision be based on? >> yes, well, i'm glad to be with you both and i am struck by even the suggestion. i think juliet is 100 percent right. i think that we have gone much too accustomed to the school shootings. and --

our penal system is about rehabilitation and punishment. and it sort of this blend of having justice tempered with mercy. and so that's why we have a pearl system. but i think really, when you hear from the victims and you hear about the lasting impacts and you've got a young man, a middle aged men coming up for pearl for the first time, i just don't think that there's going to be the appetite with the parole board. especially in the way and looking at this case through the lens of the uvalde massacre. and it would surprise me if he could get parole, no. i moved to hear the mercy that comes out at the victim that he played. but i'm just as moved to think about the families who have sort of lost these last 25 years having daily interactions with their kids and missing weddings and birthdays. and the tragedy for those

families, it is for the young man that was involved. at the same, time we did have a system at loss. and when you kill fill people, when you mean other people, you can talk about mental health issues. and those are real. but the fact that he's getting counts like, that drug treatments, and -- that still leaves a question for the parole board or whether not he'd be able to function in society outside of the very -- defined process and supervision that he's under the prison system. so it would not surprise him. and in fact, i think that he will likely -- you've got other people to think about. you've got famous people who have been killed. you see, their parole hours, their colors deny parole time and time again. and it is tragic that this was a 14-year-old boy that committed his offenses. but i think that the pearl boards are going to be listening to the tears up those moms and dads who lost their kids. >> thank you both, that's what

our time permits tonight. i appreciate you both, see you soon. cnn getting anxious to a former detention center in ukraine, now in territory reclaimed by ukrainian forces. and signs of torture are among the scars left behind. president bin signed the inflation reduction act into law this afternoon. ok, so what exactly does it mean for you? out of pocket costs for drugs will be capped. for seniors, insulin will be just $35. families will save $2,400 on health care premiums. energy costs, down an average of $1,800 a year for families.

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infrastructure in ukraine. as officials say that russia carried out a missile strike near the south ukraine nuclear power plant. but ukrainian troops are gaining back more territory in the luhansk region. and the carnage left behind is revealing evidence of torture. here is cnn's nick paton walsh. >> there is no rest for victory here, and i'll till rebuttal still shaking the liberated city of corp yawns. this -- slogan we are one people with russia seems comic. now, the ukrainians have changed the russians across the bridge towards the south. [noise] the shell has landed under 100 meters. another swiftly follows. it is unlikely moscow can take places left in the past week. so this is about vengeance and spite. this prisoner is claimed to be

local, but they think that he is a russian soldier, deserving -- what else moscow left behind is far uglier. these tiny rooms, with their detention center, where as many as 400 prisoners were held at one time, we are told. eight or nine prisoners purcell. booby traps now in their place, a warning written next to this room. >> so he's fighting -- because, as they move through the cells, they are finding booby traps left. it seems, but the occupying forces. that one in there, a grenade, left under a tray of have eaten food. and it just shows you the hazards, the ordinary people are going to find coming back. a place like this, sure uses a key detention center by the russians. but across this town, the damage is extraordinary. but also, to, is the risk of unexploded ordinance and

potentially booby traps. they are discovering to other scars from torture. this former prisoner is introduced to us by the ukrainian security service. he says, he was imprisoned about a month ago because he was once a cook in the army. [speaking non-english] >> the telephone wasn't old wind up model used to send electric shocks into him. he thinks that his interrogator was experiencing from the russian security service. [speaking non-english] >> they asked him who he was in touch with from the army. the russians burned their

interrogation records hardly. [speaking non-english] >> elsewhere, signs of the mindset fueling the russian invasion. they have time to paint this mural, the russian soldier sees the z on his arm next to a pensions and the flag of the former soviet empire burnished in flames. pause a moment here. the bloodshed in ruin. and consider how truly odd this is. >> they were only here a matter of months, yet, so speedily touch to this building with their machinery of pain. so much are clearly beyond this. so few locals huddled in its empty husk. winning does not heal the wounds. it just gives them enough time to feel them.

now, today ukrainian president volodymyr zelenskyy said that there hasn't really been a law as some had suggested in the counter offensive that they were merely looking to see precisely where the next main focus would indeed be. and, at the same time, ukrainian officials say that they are taking a newtown not far from here from kramatorsk or bilohorivka. that is important because it shows that they are moving forward in another front apart from that, another, kharkiv where they showed enormous progress in the past week. many are asking exactly where the next ukrainian thrust will be. will it be near here, where i'm standing? will it be towards the south? and the big question of course is, does russia actually have conventional manpower? does it have the juice, frankly, on the battlefield to repel any future counter offensive? that is fundamentally going to chart the course over the -- >> all right, thank you very much, nick paton walsh, thank you very much. the queens -- ended by the sound of a

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today, millions of people paid their final respects to queen elizabeth, emotional goodbyes from the royal family, prime ministers and presidents. and from the public who lined the entire route from westminster to windsor castle. at the end of the ceremony, the queen's crown and scepter removed from top the casket. and as the cost get was lowered -- the bagpipes played the queen week every morning now played her to her final rest.

>> ♪ ♪ ♪ >> so joining me now queen elizabeth ii's former bagpipe player, -- >> good morning don, thank you very much. >> so you were the queens bagpipe player from 2015 to 2019. what is it been like for you to see are being laid to rest? >> it has been a very sad occasion. but also, for me personally, fantastic to have had the opportunity to be the proverbial fly on the wall to observe and provide these -- for the royal family from 2013 to 19. and all -- and again, just to see how it all actually works. so it was a fascinating experience for me. but obviously a sad day for me

and my family. so, the queen specifically requested the -- before you did the final ceremony. what did the pipes meter? the bagpipes, i think are on an integral part of her life. i, mean she is, her history line is also cottage. you'd argue that her lineage needs more towards the scottish throne than the english don't, ironically. with the lead queen. she is actually a scottish heritage of heritage. but what the bagpipes actually mean, i asked the queen whether she like the back, whether she liked listening to them. because i didn't really want to play for someone who doesn't like the back pipes. and that goes for any musician. you want them to endure what you're playing. and she said, to me, that she loved the bagpipes. because she grew up with them. and the same as all of her

great grandfather's and grandparent would listen to it on the wireless and the radio back in the 40s. the queen would listen to the back pipes and her -- would all be bagpipes and accordions and finals. that was how she was brought up when she came to scotland. >> you have a moving story about the kindness that queen elizabeth showed after you suffered the devastating loss of a parent and wife in just months of each other. can you share a bit of that, please? >> absolutely. yes. my family as you said, my parents, they both died. and as did my wife. not at the same time but within a 12 month period. and i was actually in the service of the queen. actually, i was thinking about the custom with my wife and two children. they were invited to come up and they --

and when my wife was there, she was diagnosed with inappreciable stage four cancer. and i was asked -- i was in shock. i remember that i came back to the castle to speak to my boss. and i said, you know, sadly she is going to die. she only has ten weeks to live. and i wanted to play the bagpipes that night. not just because it was -- but just to clear about my head space. and just to process the information that had been given to me. and then the queen took me in and said, look, at a point in everyone's life you have to stop being a professional. and you need to go to white because it has to be family first.

so i went away, i love my children and everyone looked after my children. they stayed the night in the castle. for them they thought it was a big venture. i went away that, night i came back to see my wife. and the wife came back and she got strawberries and lots of fresh food from the garden and had spread to the pastry chef and they made lots of muffins, they put in the basket, they gave it to me and they said that this is for -- so hopefully, the look after your wife more especially. well little things like that. >> while. >> and her majesty, she was the best. she was the best employer. she was the best at anyone can ask for. >> wow! >> and i don't need anyone to replace. me you know, the black and white vivid is let's get him

replaced for someone else. and her majesty said, no! you know, i have one piper. and the reason that he's not here is because he's looking up to his dying wife. so, he wouldn't be replaced. because, if his wife does dies the need somewhere to go back to. and she just said, categorically noted -- so, she was fantastic. >> wow scott i am so sorry again. sorry for your loss of your wife and sorry for the loss of your queen. you and your family take care. thank you for sharing those memories and stories with us, we appreciate it piper scott methven, we will. >> thank you for your time. >> and thank you for watching everyone. our coverage continues. i found the perfect car under r budget too! and i get seven days to love i t or my money back... i love it! [laughs] we'll l drive you happy at carvana.

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