the streets of the united states by m2. >> reporter: but those bullets and bloodshed haven't stopped the will of the people. some brave protesters still taking to the streets. refusing to be silenced. and erin, that human rights organization not only worried about the rising casualty figures, they're very concerned about those who have been detained. they say they've gotten reports that prisons and detention facilities in the city are filling up, and that now security forces are holding people in abandoned buildings and warehouses. and they say they have gotten reports from residents around those buildings hearing screams and cries they believe are of prisoners being tortured. erin? >> jomana, thank you very much for that important report. and thanks to all of you watching. "ac 360" starts right now.

good evening. tonight the justice department's message to the supreme court, stay out of mar-a-lago documents case. ever since the fbi got a warrant and conducted a court-approved search, finding boxes of documents, including highly classified ones that did not belong to him, the former president has been trying to slow or stop the wheels of justice from turning. which is his right, each about if it means taking it all the way to the supreme court, which he has. today was the deadline for the department of justice to make its case to the supreme court. we'll have details on their filing in a moment. but first, the former president has now also been making new false statements about other former presidents keeping classified documents. he previously claimed former president obama kept millions of documents for himself. now it's obama and bill clinton and george h.w. bush. >> george h.w. bush took millions and millions of document. to form a bowling alley feesed together what was then an old and broken chinese restaurant.

they put them together. and it had a broken front door and broken windows. other than that, it was quite sec secure and there was no security. >> the documents were taken to what was once a bowling alley and chinese restaurant, but is now a heavily secured government facility. today putting out a statement reports indicating or imply that the presidential records were in the possession of the former presidents or their representatives after they left office or that the records were housed in substandard conditions are false and misleading. details now on today's filing from jessica schneider who joins us from washington. walk us through the doj's response. >> well, anderson, they hit on two major points. in making the case that the supreme court shouldn't step in here to grant trump's emergency petition, because of course he is asking for very limited relief here. he wants the special master as well as his legal team to have access to 100 classified documents that were taken from mar-a-lago. that's something the 11 circuit

had blocked. first saying the 11th circuit had full authority to block since they're sensitive to national security and the government would be harmed if they were distributed. and their second point is on the flip side, they say trump hasn't been harmed at all by the court blocking these records. so there is really no basis for the supreme court to step in at this point. that's the justice department's view. they want the supreme court to stay out of what has been this ongoing saga over these records. >> i also -- the doj was critical of judge cannon who has repeatedly sided with the trump legal team in the proceedings. >> very critical throughout this 34-page filing. and they really blasted her. just aileen cannon. they blasted her for even appointing the special master in the first place and her decision to grant the special master full access to the documents before the 11th circuit stepped in. they repeatedly cited the 11th circuit's decision where the 11th circuit even criticized

judge cannon. doj said this about judge cannon's order that allowed the special master to initially review the records. they say the district court's order was a serious and unwarranted intrusion on the executive branch's authority to control the use and distribution of extraordinarily sensitive government records. and that, anderson, will really be a theme in what's this ongoing appeal in the 11th circuit where there is this parallel challenge to aileen cannon's decision to even step into this case and appoint a special master in the first place. anderson? >> jessica schneider, appreciate it. thank you very much. joining us the former federal judge nancy gertner. daniel goldman, former federal prosecutor who served as former democratic counsel on the president's first impeachment and is currently running as a democrat in new york. and perspective from elliot williams, who served as deputy assistant attorney general during the obama administration. judge gertner, what do you make of the justice department filing?

do you think they'll prevail? >> they should prevail. by rights they should prevail. there is nothing about this appeal that is remotely the kind of issue that the supreme court would get involved in. aside from the issue of authorization and aside from the issue of jurisdiction, courts don't micromanage searches like this. i just want to make one other point that the other point that was made in the doj's filing is that in the usual course, there is -- district courts don't intervene in a criminal proceeding unless there is a -- unless there is actually an indictment and charges, and then the defendant can come forward and move to suppress the documents. this is extraordinary from the beginning and unwarranted from the beginning. and they've made the point. and certainly if the supreme court intervenes, it would be lunacy. >> daniel, one of the doj's arguments that the former president doesn't even attempt to explain how he would be irreparably injured here, and that alone is enough to deny his request. is that accurate, do you think?

>> yes, of course that's accurate. i think what i find in reading this and boiling down to what trump is actually appealing, which is not even the entirety of the 11th circuit's order, basically, what donald trump and his lawyers want is the opportunity to look at the department of justice's evidence, and look at the classified information that they seized from mar-a-lago in part so that they can prepare their defense and so that they may be able to stymie the criminal investigation before it actually results in an indictment. they're not arguing that the department of justice should not be able to examine the classified information. judge cannon ruled that initially. the 11th circuit swiftly rejected that argument, and trump is not even appealing that. all he wants is for the special master and his own attorneys to be able to look at these documents.

but he doesn't care about the special master. he just wants to be able to see what they are. >> the government is arguing that allowing that, the special master and the former president's attorneys to look at these documents would jeopardize national security. are they even allowed to look at these documents? >> you know, it's complicated, anderson, because we've never been in this situation before. now, look, when dealing with information that is this secure, at least as we believe to be this secure, the mere risk of disclosure is itself significantly sort of that's the harm, the thought that it might get into someone's hands. so it's not an unfair question or from the justice department to be suspicious of it getting into anyone's hands. now look, judge geary with his background having been around classified materials before is in as good a position as anyone to reveal materials. but i agree with the justice department that these are sensitive material, and you

ought to very closely and very carefully manage who has access to them. >> judge, how unusual it is that the justice department went out of its way to criticize judge cannan. saying she fundamentally erred in appointing the special master in the first place. they echoed the 11th circuit, saying she abused her discretion. >> is it unusual for a judge to be criticized by the department of justice? >> yeah. >> no. that's not particularly unusual. they wanted to go back to first premises, what i said a moment ago. this entire proceeding is giving trump rights and rounds in this proceeding that he never should have had to begin with. and that's the point that they are really making. she went out of her way to allow a punitive defendant, someone not even indicted yet to intervene or have the court intervene in this in a way he never would. this is really a house of cards. and we get wrapped up in the latest filing as if it is legitimate. but it really is a house of

cards. trump has no basis, no privilege, no executive privilege, no attorney-client privilege to challenge his having classified documents in his beach house, end of discussion. what he is doing, they just kind of keep things going, like a house of cards. >> daniel, there was this reporting by "the new york times" that the former president had tried to use some of these documents, negotiating with the national archives to get fbi russia documents to him in exchange for them. does that imply that he knew what he had? >> it certainly implies that he knew he had something that the archives wanted. it also just goes to show how lawless he is and how -- what little regard he holds the rule of law. the fact that he's trying to use these as a negotiating ploy with the archives is absurd. but what it calls to mind, what

was he expecting to do with these documents? if he wants to negotiate with the archives related to these documents, why did he go to such great lengths to conceal them from the department of justice? and if he is such a negotiator, what was he going to do with them? how was he going to use them? and i continue to just be highly, highly concerned about what he would do and what he potentially did do with these documents. >> judge gertner, what did you make of that "new york times" reporting? >> well, i mean, it shows -- i mean, he was using these documents transactionally, right? he was going to make a deal with it. but it also shows how intentional the keeping of the documents were. at the very beginning, if i don't you recall, there was the feeling this was swept up in a chaotic leave-taking from the white house. but that's obviously not the case. he knew what he had. he knew them to be classified. and the fundamental ingredients

then of either an obstruction charge or an unlawful retention of classified documents charge are there. and that's troubling. >> elliott, if this does not go the former president's way, are there any other options available to his legal team to drag this out? >> look, he will certainly have more opportunities to file appeals along the way. but we should be clear, anderson. even if this does go the justice department, the former president's way, nothing really affects the justice department's ability to work with these documents as evidence, which is a big sticking point here. they will still be able to proceed and conduct this investigation because of how narrow this appeal was. look, the supreme court does not need to take this case to back up judge gertner's point from earlier in this segment. they can just look the other way because of the fact that this is a relatively simple and straight forward legal question here. but at the end of the day, the justice department still will have access to this material,

will still have access to this evidence. it can choose to proceed however they wish. >> elliot williams, daniel goldman, nancy gertner, i appreciate it. coming up next, another wave of russian missiles hitting ukraine today. cnn's jake tapper asked president biden does he think vladimir putin is a rational actor. the answer, a live report from ukraine and former defense secretary william cohan coming up. also, as big name runs rush to his side, herschel walker faces new breaking reporting tonight according to a lead in "the washington post" that he, quote, had to repeatedly press the former football star, now republican nominee in georgia that the woman who is alleging he had paid for an abortion, that she had to press herschel walker for funds to pay for a 2009 abortion that she said he wanted her to have. one of the reporters on the story joins us next. new science shows it g gets in between teeth to destroy 5x more plaque above the gumline than floss.

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russia fired more missiles today at ukrainian infrastructure, many of which according to ukraine's president were shot down. meantime, speaking exclusively to jake tapper, tahe president talks about putin's state of mind. >> do you think he is a radical actor? >> i think he is a radical actor who -- no one believed that he was going to invade ukraine. you listen to what he says. if you listen to the speech he made after when that decision was being made, he talked about the whole idea of he was -- needed to be the leader of russia that united all the russian speaker -- i just think it's irrational. >> so if he is not rational -- >> i didn't say he is not rational. >> you said the speech is not rational. >> i think the speech, his

objectives. i think he thought -- jake, i think he thought he was going to be welcomed with open arms. that this has been the home of mother russia, kyiv, and he was going to be welcomed. i think he just totally miscalculated. >> you see the full interview atop the next hour on the premiere of cnn tonight with jake tapper. nick paton walsh is in ukraine and filed this report today. >> reporter: the second day smoke over the capital. a power plant one of many hit today here by an iranian drone attack, officials said, as russia's cruise missiles try to turn the power off before winter. a smaller wave than monday with ukraine saying 33 hit their targets and 33 were shot down. russia's defense spokesman blunt about what it wanted to hit, energy systems and military control. these 48 hours of onslaught new in ferocity but not in purpose.

russia has been hitting civilian targets in cities like this one, zaporizhzhia daily for the past week where one person died this day. terror that led the white house to agree to send advanced air defense systems monday. but talking to the g7 leaders, ukraine's president wanted more. declare russia a state sponsor of terror too, he said. >> translator: the leader of russia, feeling the approach of his end, is trying to force the democratic world to surrender with a terrorist rush, to retreat, to lose. this can only be the desire of an insane person. more than 100 missile strikes in less than two days against civilians, against civilian infrastructure, sham referenda, a criminal attempt at annex ration. >> reporter: yet the days of indiscriminate and clumsy blasts don't change russia's main problems, that its army is using forced conscription and lacks basic supplies. its military leadership bought a

reprieve from rare internal dissent by monday's violence perhaps, but still putin's rhetoric less fiery when he met the u.n. nuclear watchdog head today to discuss the front line embattled zaporizhzhia nuclear power plant, even as he blamed everyone else for what he has been doing. >> translator: of course we see that today there are elements of excessively dangerous politicization of everything connected with nuclear activity. >> reporter: still, he'll meet his turkish counterpart in kazakhstan as his leading diplomat insisted they were not against talks with the west if offered. >> translator: this is a lie, i can tell you right away. we did not receive any serious proposals to enter into contact. >> reporter: again, a sign russia, for all its violence and bombast is not in a position of strength. nick, how is the ukrainian air defense system holding up against these attacks?

>> some interesting numbers today. ukraine's president volodymyr zelenskyy saying of the 28 cruise missiles fired at them on tuesday, 20 were intercepted. we've also heard from the defense minister in just the last hour, alexei reznikov saying they have already received the german defense system and say they'll be getting a u.s. and norwegian one. it's unclear if the german one had any role in the air defenses today, but still, it does appear on both days about half of the cruise missiles fired at ukraine were intercepted. >> what is ukraine's energy minister saying about the damage done to the country's energy infrastructure? >> saying that about a third of it has been impacted over the past days. now we know that, of course, in the past week, months, ukraine's infrastructure has been targeted already by the russian. so repairs can be quite swift. but winter is approaching, and there is obviously clearly by moscow a bid to degrade the

ability of ukraine to keep itself warm during these bitter winter months. i'll give you one note of optimism, though. in two instances, in fact, one place we were at in dnipro yesterday ourselves, a crater caused by a cruise missile, that was filled in and covered over and the road functional again by this morning. a similar scene in central kyiv. ukraine picking itself up very fast despite frankly terrifying scenes over the past 48 hours. >> nick paton walsh, thank you. joining us william cohen who served as defense secretary during the clinton administration. secretary cohen, you heard president biden talki. do you think he is an irrational actor? >> i think president biden had it just about right. i think he was illogical in the beginning and unrational. because he made assumptions that

he thought was rational. i have a big army. ukraine will back down. the nato alliance is not solid. the united states is divided from within. those are all logical assumptions. but they were based on a false premise. so it was rational in the beginning. now the question is it rational to continue what he is doing because he is acting more and more desperate, because he is losing to be ground. and that's why he is turning to firing missiles into residential areas and killing children. >> how much of this do you think is about the domestic audience at home? is he continuing the strategy of attacking civilians and infrastructure targets because he believes it's actually going to win the war for him, or he just wants to satisfy domestic concern? >> i think both. i think he is reacting to the criticism coming from his right. at the same time, he is thinking he can knock out the energy supplies for ukrainians during the winter months, that they will then fold, or the nation will fold. so i think he is continuing to make these false assumptions

where the ukrainians are getting stronger, more motivated. and they're getting more defensive weapons to take his missiles out. and you have the british national security council basically saying that the russians are running out of ammunition because it costs anywhere from a half million to $13 million to fire a cruise missile depending on the size and capability. so there is a big expense involved from russia. they may be running low on supplies, turning to north korea, turning to iran for assistance. >> is there any way to know how long this goes on for? what do you look for to be able to judge where this war is going to go? >> well, i think pedal to the metal of policy has to be on the part of president zelenskyy and the west saying we're going to send more and more russian soldiers, unfortunately, we're going to send them home earl surreally wounded or dead. and that's going to create even more opposition from within. i mean, think of the image.

when ukraine was under attack, president zelenskyy said, please, all males stay home. everybody up to the age of 60 or 65. you have president putin said i want to have a draft of 300,000. they had 200, 300,000 are heading for other countries. so the image of ukrainians standing to fight and the russians taking off and fleeing to other countries, that tells you everything about where this is headed. >> ukrainian defense authorities reported they have shot down nearly half of the missiles and drones fired by russia over the past two days. do you think even more advanced air systems from the west, which it seems are already in the pipeline will help improve those numbers? >> oh, absolutely. the more sophisticated equipment we and others can provide is going to make it much more defensible with fewer and fewer getting getting through the net. and again, a cost, a great cost to the russians at this particular point. i think the danger, anderson, is

putin may become irrational at this point in time and saying well maybe i put a butcher in charge of my military, that will change things on the ground, and it won't. or if it really gets bad, i'll turn to chemical, biological, or potentially nuclear weapons. that would be a catastrophic mistake for him to do that. so i think there is where you have to watch for the irrationality in major way. >> i appreciate your time. thank you so much. >> thank you. we have breaking news up next. new report from "the washington post" on the abortion allegations against georgia senate candidate herschel walker from the mother of one of his children. this coming just hours after two key republicans joined him on the campaign trail. he talked again about the allegations. ng shouldld be your style! plopop plop fizz fizz, winter warriors with alka-seltzer plus cold & flu relief.

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talk to anyone in san francisco and they'll tell you now is not the time to make our city even more expensive by raising taxes. san francisco has one of the largest city budgets in america. yet when it comes to homelessness and public safety, we're not getting results. what we really need are better policies, more accountability, and safer neighborhoods. vote no on propositions m and o.

the last thing we need are higher taxes, especially right now. now is not the time to raise taxes in san francisco. vote no on m and o. there is breaking news from "the washington post" involving georgia's republican senate candidate. here is the headline. "woman said she had to press herschel walker to pay for abortion he wanted." the account coming from a mother of one of his children and a person she confided in. anna linskey, one of the reporters here now. appreciate you being here. can you walk us through your reporting tonight? >> yeah, thank you so much. good to be here. we have learned and reported that herschel walker of course has said that he did not knowingly pay for an abortion for a woman who is also the mother of one of his children,

but in speaking with that woman, she made the point that she had to repeatedly ask him for the money, which she was specifically saying was for the abortion. that's partially because, you know, she was in a difficult financial position at the time, having lost her job in the middle of the great recession. and "the washington post" reviewed a receipt of her bank account that showed she had less than $600 in her bank account at the time, which was part of why she was repeatedly pressing the football star for money. >> and she says that she clearly said to him this is for an abortion? >> yeah, she did. and a person who she confided in at the time also said that. that person had really stuck in that person's head that this individual, who wanted her to have an abortion was being

reluctant to provide the funds for it. and given walker's fame and apparent fortune at the time, you know, her friend was really surprised that it took so much effort to get him to pay for a procedure which he clearly had wanted her to have. >> i know "the post" reviewed an image of the check the woman said that walker sent to her. none of the outlets who have been reporting about this have ever published an image of that check. do you know why? it would seem to be newsworthy if it is said to have mr. walker's signature on it. >> yeah. it's an image -- it's from a atm receipt. it's when she deposited the check in her atm. in some banks, this particular bank, when you -- when you go through that process, you get an image of the check sort of printed on the atm receipt. so it's not an actual copy of a check. it's an image of a check that

was taken when she deposited it at her atm, and is at her request. she has made it clear that she does not want that particular document to be made public. i think she is worried about the sensitivity of financial information that's on it. and so we are honoring the request that she made. >> has herschel walker or his campaign responded to your reporting? >> you know, we sent them a series of questions this morning, and they did not provide an official response. >> annie linskey, i appreciate it. thank you so much. >> thank you. >> this breaking news from "the washington post" comes just hours after walker got some help with the campaign trail from two key republicans and talked about the allegations against him with abc news. for more on that, i want to go to cnn's eva mccant who was at today's event outside atlanta. herschel walker spoke to abc about the allegations. what did he say? >> well, anderson, essentially, it is just a lot more of the same. he is flat-out denying the core allegations here. where he's adding to the record a bit is talking about this

issue of fatherhood, saying despite the very searing allegations made by his son christian walker just last week, that he argues that he has in fact been a present father. let's take a listen. >> as you well know, there is a woman who reportedly says she was in a long relationship with you. >> yes. >> has a 10-year-old son with you, that you paid for the cost of an abortion. were you ever aware of her having an abortion? >> i know nothing an abortion. i know it's a lie. and i said it was a lie. and i just move on. so i told surprise is not going to faze me. >> i know initially you said last week you're not even sure who the woman was. >> which is true. >> but at this point you now know who the woman was. >> yes. >> have you had a conversation with her? >> not at all. i didn't know who it was until last week. and i went oh. i said that's not true. but they still ran wit. so i said that's not true. i would say that's a lie. i called it a lie.

and right now i say i'm going to go back to campaigning, and people can continue to do whatever they want with the story. >> if i can just get you to say a yes or a no, did you ever have a conversation with this woman at any time about an abortion? >> no. >> did you ever to your knowledge give money to pay for the cost of an abortion? >> no. >> is she lying? >> yes, she is lying. yeah, she is lying. yes, she is lying. >> this same woman says you have a 10-year-old son who you have only seen three times. is that true? >> well, that's not true. i've seen him a little bit more than that. but that's one of the things i don't get into because they make it difficult for me to see him. and that's one thing i say i won't do. when he is young, i'm not going to sit there and make his life miserable. >> why is he coming out saying don't try to pretend that you're a moral family man. >> well, like i say, i love christian. and everyone that knows us, know how much i love christian, how

much he has been with me, how much i've supported him, how much i've been with him. >> but in fairness, let me interrupt one second. >> yes. >> loving somebody, you can love from afar, but it's different to be present and involved. >> that's what i'm saying. people know i've been present with christian. >> so when he says you have been an absent father, that's not a fair critique? >> everyone knows that's not. people that know me know that's not. >> so you hear their continued flat-out denials, even as this unnamed woman is adding more details to her account in various news outlets. it's really up to the georgia voters to decide who they believe. >> republican senators rick scott of florida, tom cotton of arkansas, they campaigned for walker today. i know you spoke to voters at the rally. what did they tell you? >> yeah so, this was really very i think enlightening, anderson. you speak to people here, and they are not having this conversation at all about these allegations. they are very enthusiastic about

walker, conservatives in this state. they talk about how he is a born again christian, how they believe him, how they're actually motivated to come out to rallies like the one today based on some of these negative headlines. they are suspicious of the timing. there was a long line wrapped around this parking lot earlier today with people waiting for handshakes, hugs, pictures, signing of footballs that they brung. so that i think is a component that i think is important not to miss. there was one split ticket voter, one man told me that he is going to be voting for incumbent governor brian kemp, along with democratic senator raphael warnock. that these recent allegations were just a bridge too far. but he seemed to be the outlier. take a listen. >> i probably am doubtful with some of the allegations that they've come out so late into the game. >> i feel like if that did happen, which i don't think it did, why now? why do you have to go to the

news? why not have worked that out with him? >> if he'd just own up to them. but, you know, not telling the truth about them, that's not good. >> so all eyes now, anderson, turn to the debate on friday in savannah. i'm curious to see how much this conversation that is really a national conversation is going to be a feature of this debate or how much they will get into other issues, spar over other issues. i will tell you, leading a lot of the local newscast here is in georgia is this issue of crime. anderson? >> eva mckend, appreciate it. one month until midterms and republicans, as eva was pointing out, are focusing on policing and crime. in a moment, jeff zeleny takes a look at some key races where crime is seen as a winning issue by republicans. that's next. i even get cha-ching when i ♪ sing ♪ ♪ home e decor ♪ ♪ clothes ♪ ♪ electronics ♪

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it will reduce the tailpipe emissions that poison our air kevin: and helps prevent the wildfires that create toxic smoke that's why calfire firefighters, the american lung association, and the coalition for clean air support prop 30. naomi: i'm voting yes on 30. midterm elections are just four weeks away, and in a number of key races, republican candidates are centering their campaigns on tackling crime. they're using rising crime rates to attack democratic opponents. this comes weeks after president biden announced the safer america pan, including billions of the crime prevention, recruitment and training for police officers. in response, the republicans' soft on crime message, some democrats are hope troeg mind voters of the capitol insurrection and the attacks on police by trump supporters. tonight chief national affairs reporter jeff zeleny takes a

closer look. >> reporter: one month before election day, republicans are using crime as a campaign weapon. >> catherine cortez masto. so we've got crime? it's dangerous. >> mandela barnes, not just a democrat, a dangerous democrat. >> reporter: and democrats are trying to find their footing, pushing back against a barrage of familiar attacks in a new way. >> can you imagine one guy saying out of one side of his mouth he is pro cop, and on the other side of his mouth, he is raising money for the insurrectionists who were beating up the capitol police? >> reporter: the age old gop argument that democrats are soft on crime, a critique often accompanied with racially charged undertones, is facing a new test. with images from the assault on the capitol still seared into the minds of americans. but it's an open question whether this message from democrats -- >> everyone can see it. you're not pro cop, kevin mccarthy. you're pro coup. >> reporter: will overtake an

onslaught of advertising from republicans, who spent $40 million last month alone airing 150 unique ads on crime in races across the country. it's become one of the loudest republican soundtracks of the fall, particularly in top senate races like pennsylvania. >> john fetterman wants ruthless killers, muggers and rapists back on our streets, and he wants them back now. >> reporter: and wisconsin. >> what kind of democrat is mandela barnes? he is a defund the police democrat. >> reporter: john fetterman and mandela barnes have spent weeks rebutting the arguments from republicans mehmet oz and senator ron johnson. but democratic strategists worry the pointed messages have taken a toll. since the willie horton ad shook the 1988 presidential race with george h.w. bush blasting michael dukakis -- >> weekend prison passes. >> reporter: have been a tape until republican campaigns. in the north carolina senate race, democratic hopeful cheri beasley is pushing back on a

slogan that became a rallying cry for some progressives a few years ago that she never backed. >> the first thing we must absolutely do is fund the police. i do not support defunding the police. >> reporter: a former chief justice of the state supreme court, she is now running against congressman ted budd, but facing the full weight of the republican party. >> left wing extremist named cheri beasley. >> reporter: durham county sheriff clarence burkhead, who is running for a second term as a democrat supports beasley, and said she is hardly extreme. but he acknowledged challenges in how some voters view their party. you think that was a mistake for some democrats to use those words, "defund the police"? i think so r. >> i think defund the police did more damage to law enforcement and communities than anyone ever imagined. and unfortunately, we're seeing the effects of that now. reforming the criminal justice system? absolutely. that's the conversation we should be having. >> reporter: but that conversation is in short supply amid a wave of campaign ads up and down the ballot featuring frightening messages -- >> on november 8th, vote like

your life depends on it. it just might. >> reporter: with far less discussion devoted to finding solutions to crime in america. >> and jeff zeleny joins us now. why is crime emerging such a central issue so late it seems in the campaign? >> anderson, one thing is that voters now are just beginning to pay attention to this. so republicans clearly are pressing this issue of crime and the economy. in many respects they are linked. that is what they want their final argument to be, if you will. it's also they are trying to get back some of the suburban women voters who have been really disillusioned by republicans, largely because of the abortion rights discussion that's been happening throughout the summer. so that's the dynamic going into this. there is no question there is also, as we've seen in campaigns year after year, a racial undertone to many of these campaign ads. to many of these campaigns, specifically where these are being broadcast. so that is the dynamic going into this. but it's clear that republicans

believe that they have some ground to gain here, and crime has worked year after year, and they think this year with the economy, it will again. anderson? >> jeff zeleny, appreciate it. still ahead, the incredible rescue of fishermen who were fending off sharks in the gulf of mexico after their boat sank. our randi kaye has the story next. with fidelity income planning, a dedicated advisor can help you grow and protect your wealth. they'll help you create a flexible strategy designed to balance growth and guaranteed income so you can enjoy the life you've created. that's the planng effect. from fidelity.

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as a teacher living and working in san francisco, the cost of housing makes living and working here really difficult. proposition d is the only measure that speeds up construction of affordable new homes by removing bureaucratic roadblocks. so teachers, nurses, firefighters and workers like us can live where we work. while prop e makes it nearly impossible to build more housing join habitat for humanity in rejecting prop e, and supporting prop d to build more affordable housing for everyone. now.

a remarkable rescue off the louisiana shore after a weekend fishing trip quickly turned into a boating nightmare. three fishermen battling rough seas for 24 hours after their boat sank, fending off sharks. randi randi has more. >> reporter: 28 hours, that's how long three louisiana fishermen were stranded in shark-infested waters in the gulf of mexico. here's what they told abc news. >> we made a distress call on the radio to the coast guard and let them know we're taking on water and we're sinking. not even seconds after that, the boat was halfway under water. >> reporter: halfway under water and no land in sight. the only thing they could see were sharks, lots of them.

>> it didn't touch me. it bit the vest. and boom, it hit it and i punched him in the face. i think that's where i caught these injuries on my hand. they wouldn't leave, so i took my two thumbs and jabbed him in the eye and he took off. >> reporter: the men had tied a couple coolers together to form a raft. they tried to stay afloat and out of reach of the sharks. >> that was critical in surviving. >> reporter: but time was not on their side. they set out saturday morning. when they didn't return home, friends and family began to worry and called the u.s. coast guard. and somehow in a stroke of luck sunday, one of the fishermen was able to text a friend his location. in the moment before his phone died. >> i sent the -- my location to my friend, and it was only 2% left. the minute i sent it, i see him

trying to reply to me, and the phone cut off. i ran out of battery. >> reporter: that friend alerted the coast guard, which searched for the men by air and sea. the search area spanned more than 1,200 square miles, slightly larger than the state of rhode island. and then another lucky break. the men had been in the water for more than 24 hours already, but within just two hours of receiving the text for help, they spotted the men from the air, 25 miles off the louisiana coast. it was around noon on sunday. one man was hoisted up to the chopper with the help of a rescue swimmer. >> the fixed wing aircraft saw the men floating a mile away. that's when we sprung into action and sped the boat up to get these guys. we pulled up to them and they were getting harassed by sharks when we pulled up. >> reporter: he says the sharks were about four feet long.

>> one of the men had been bitten on his hand, as you saw, and he was bleeding into the water. his life jacket, his orange life preserver had been ripped about halfway down by the fish. so we got him on board first, pulled him out of the water. >> reporter: all three fishermen suffered from hypothermia. >> they had multiple lacerations on their hand, almost down to the bone. we actually were able to recover one of the life jackets that had been eaten through by a shark. >> reporter: a nightmare fishing trip with a happy ending, one these men will never forget. >> that is terrifying. randi randi joins us now. do we know how they're doing tonight? >> reporter: anderson, they were all taken to university medical center in new orleans. they are recovering, albeit slowly, but it is incredible because the coast guard says they did everything right, tied themselves together and to that cooler, which of course had some

water in it, so they were able to stay am ihydrated. they had sharks, waves, 25 miles off the coast. they had no idea how far they were from land or if anyone was going to come get them. it truly is an incredible story of survival. >> randi, appreciate it. thank you. up next, remembering the legendary angela lansbury. in type 2 diabetes could progress to dialysis is important. b is for belieief that there may be more you can do. just remember that k is for kidneys and kerendia. for adults living with ckd in type 2 diabetes, kerendia is proven to reduce the risk of kidney failure, which can lead to dialysis. kerendia is a once-daily tablet that treats ckd differently than type 2 diabetes medications to help slow the progression of kidney damage and reduce the risk of cardiovascular events, such as heart attacks. do not take kerendia if you have problems with your adrenal glands or take certain medications called cyp3a4 inhibitors. kerendia can cause hyperkalemia,

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angela lansbury, the iconic star of stage and screen for nearly eight decades died this morning at her los angeles home. she's best known for starring at america's favorite tv sleuth, jessica fletcher for 12 years on murder show wrote in the '80s and '90s. she was born in london got her big break at the age of 19 for her hole in "gaslight." she got her second for dorian gray, a third for "the manchurian candidate." younger fans probably remember her as the voice of mrs. potts in beauty and the beast in this song ♪ tale as old as time ♪ ♪ true as it can be ♪ ♪ barely even friends then somebody bends unexpectedly ♪

♪ just a little change ♪ ♪ small to say the least ♪ ♪ both a little scared neither one prepared ♪ ♪ beauty and the beast ♪ >> angela lansbury also starred in a number of hit broadway musicals, she earned five tony awards, beginning with "maim" in 1966. angela lansbury was 96 years old. she died just five days before her 97th birthday. the news continues. i want to hand it over to jake tapper and his debut program. welcome to "cnn tonight." i'm jake tapper. is vladimir putin a rational actor? or has vladimir puti