we've obtained emails through court documents that show he was in direct contact getting referred to state officials by the head of the republican party in georgia david shafer. we also show that david shafer was introduced to scott hall by his brother-in-law named david bosie to lead the challenges in places like georgia so we're really learning details about the scope of the investigation in georgia and it's honing in on trump and his allies' efforts to overturn the results there both through the fake electors and also by getting access to voting systems there. >> zack cohen, appreciate it. thank you. top of the hour on cnn newsroom. good to have you. i'm victor blackwell. >> i'm erica hill. former president trump issuing a 14-page i guess you can call it a non-response to the committee investigating the january 6th insurrection. of course, this letter that came

out this morning was in response to the committee's unanimous vote to serve him with a subpoena. he hasn't yet actually addressed the subpoena to say whether he would comply with that demand for documents and testimony but in this letter to committee chair bennie thompson, trump doubled down on the claims that have bedebunked en debunked tha0 election was stolen. >> lawmakers also shared testimony they said linked the trump world to right wing extremists along with new evidence from secret service agents and show never before seen footage of congressional leaders scrambling to respond to the attacks from a makeshift bunker. >> joining us now, cnn chief congressional correspondent manu raju and whitney wild. manu, first to you. this video was really something both shown during the hearing and what cnn obtained exclusively, as well. how are lawmakers, especially l republican lawmakers responding to what was shown at the hearing

and also to the subpoena? >> not much from republicans. there is a bit of a shift in strategy about how they would deal with revelations from the select committee for sometime. initially, if you recall, kevin mccarthy, the republican leader wanted to name republicans to the committee. nancy pelosi rejected two names to the committee because one of them jim jordan in particular was a potential fact witness given he had spoke with donald trump on the day of january 6th. after that move then kevin mccarthy pulled out all of the picks, which is why we're in the situation we're in now with seven democrats, two republicans that have broke as part of this committee. when the first hearings started, republicans tried to be more vocal and critical and push back and offer their view of things and now as these hearings have wound down and we're a few weeks before the midterm elections, they're banking and hoping voters will not punish them for anything regarding january 6th and instead will focus on economic issues like inflation and the like so they decided to ignore yesterday's proceedings almost entirely.

some republicans did respond, though, including elise stefanik and packing the committee rather than get to the merits saying pelosi's illegal sham january 6th committee is an unconstitutional witch hunt between president trump and the american people. this committee was approved by a mostly party line vote in the house to create this panel. her twitter account by the house republican conference got in hot water over this summer when it attacks one of the witnesses sarah matthews at the time. this time republicans deciding staying mostly quiet and focussing on the economy in the r runup to the elections. >> there was plenty of new evidence revealed by the committee from the secret service. tell us about that. >> what the committee presented was more information the secret service had a wealth of social media chatter. there were monitorings and social media chatter being sent by law enforcement partners and

real-time assessments as the day was unfolding how bad it could get. the social media chatter made very clear there were people who were planning violence, people who were targeting vice president mike pence, obviously, one of their protectors, something that should have in hindsight perhaps alarmed the agency a little more is the way that the house select committee presented that information. here is adam schiff to describe again this wealth of information the secret service had. >> they think that they will have a large enough group to mark into d.c. armed the source reported and will out number the police so they can't be stopped. the source went on to say their plan is to literally kill people, please, please, take this tip seriously and investigate further. the source also made clear that the proud boys had detailed their plans on multiple websites like the donald.win.

>> just for clarity, the context of that information was adam schiff reading information that was coming from a source about a far right extremist group called the proud boys, several members of the group facing seditions charges. that information later passed onto the secret service. the question has been, you know, how did the secret service perceive this information and what did they do to further protect mike pence? we took those questions to the former secret service. they said pence was ser ccured they're not members of the intel and they assess that as given to them and that information was shared, the reality every law enforcement agency was working from the same intelligence frame work and the -- basically, all came to the same conclusion sadly, the right wot was the re. back to you. >> thank you. new footage exclusively obtained by cnn shows top lawmakers trying to get to the

national guard and other federal agencies to respond to the u.s. capitol on january 6th. at one point, senate majority le leader chuck schumer is seen on the phone with the secretary of the army. >> okay. d.c. requested the national guard and it's been denied by d.o.d. i want to know a good god dang reason. apologize. >> don't apologize. >> please, the whole cam pitol ram rampaged. there is a picture of someone sitting in the chair. there are shots fired. we need a full national guard component now. was it denied at first? okay. then i won't take -- we need them fast. we've all -- i've never seen anything like this. we're like a third world country here. we had to run and evacuate the capitol. 400 congressman 200 senators and

all the staff. okay. we need help right away. thank you, secretary. bye, bye. they have not denied it. i spoke to the secretary of the army. he's giving the full okay to give the national guard. he said it was not denied. i'm going to call up the f-ing secretary of d.o.d. this cannot be just we're waiting for so and so. we need them there now whoever you got. okay? >> you also have troops, this is hoyer. >> thank you. >> we need national guards, all the people who are -- >> i'll do it now. >> sworn to protect and defend the constitution. >> joining us now to discuss, cnn law enforcement analyst michael fanone, one of the former d.c. metro police officers armed during the attack

and author of the new book "hold the line" and olivia troy joining us and security advisor to former vice president pence. i'd love to pick up that last line that we see in this video there, right? you hear them saying of all the people sworn, right, to protect and defend the constitution, you know, michael fanone, when you look at some of that video and there is so much that's come out in the last nearly two years you learned about but when we have the reporting, too, about the secret service, you know, these warnings, we will out number police so they can't be stopped and the response that whitney just gave us that cnn got from the secret service, i'm just curious, what would you want to ask the secret service today? what would you ask them to clarify in terms of the decisions made and the information that was or was not shared ahead of january 6th? >> yeah, well, i mean, i want to know first and foremost did they disseminate that information to the metropolitan police

department and united states capitol police? i was there. i spoke to hundreds of officers that participated in the defense of the capitol and none of them said they were made aware of any aspect of that information that is now being reported. the second thing is why is it that knowing this, the secret service still decided to go forward with the rally knowing they would put fellow danger, clearly they have a responsibility in what happened on january 6th. the other thing i want to talk about is the video that you guys played showing the congressional leaders and their actions on january 6th. it was clear to me that donald trump was not the commander in chief on january 6th. nancy pelosi was the commander in chief on january 6th with the assistance of congressional leadership, people like chuck schumer and mitch mcconnell but

donald trump failed in his oath once again to the american people and he certainly failed the law enforcement agencies that were defending the capitol from a riotish group of his supporters. >> and michael, i'll add to that we know from some testimony that the leadership over at d.o.d. and homeland security, they were speaking with the vice president mike pence and not in any communication with president trump. olivia, i'll bring you in on that. your former boss mike pence on the phone in this video with speaker pelosi and at no point was there any engagement from the former president who as we know from testimony was in the dining room watching television. >> yeah, absolutely ridiculous that that was the case but i think that mike pence knew that his current boss at the time was responsible for it and look, you see it in the video, two leaders talking to each other trying to

figure out how to navigate through the crisis and respond to it and i commend them for meeting in the middle and working together. to michael fanone's point, he's absolutely right. i'm curious at the secret service statement. give me a freaking break. by the way, i worked in the intelligence component in dhs. there is a lot of coordination that goes on in there so if you had this information, why weren't you pushing it out immediately and also, why did you go forward and allow this rally to happen right near the white house grounds? why would you even allow for the president to attend the rally and why, why would you allow for vice president pence to be put in the situation when you're seeing communications talking about how gallows don't require electricity and things like that. those gallows showed up and they were going to hang mike pence if they got to him. i'm literally beside myself seeing this as someone that spent 20 years in national security watching the excuses for this now. >> olivia, let me follow up on that.

are you suggesting negligence or mall ice on the part of the sect service? >> it's hard to tell. i think there should be an investigation right now going on. if i were the head of dhs right now i would be aratirate gettin the bottom of it. we've seen deleted texts and the i.g., the inspector general who is apparently implicated and sat on this information about the deleted text. i don't know how you get to the bottom of it when you have someone at the head of the investigative body being part of this. i think that matters. >> certainly raises a lot of questions. you hope there would be an investigation to get some answers. interesting they were saying we're not members of the intel community. michael, when we look at this, you heard one too many times and had to respond to this push from some republicans that this was leadership there at the capitol, that there were issues on that day they didn't bring in what was needed, that they didn't

plan properly in advance. in that video you just spoke to we see house leadership, senate leadership on the phone trying to get what they need up to the capitol, do you think any of that will help quail that narrative others have been trying to put out there? >> it certainly quails the narrative as to whether or not nancy pelosi or other congressional leaders were dara getting help to the capitol as quickly as possible. i'm glad that video was shown. the only person that was dethei obligation to officer there is and members of congress was donald trump. that being said, two things can exist at once. i think that there was a failure within u.s. capitol police leadership that still has yet to be addressed. i think that much like the

secret service, an agency now that i think lost it's credibility in the law enforcement agency, so is the u.s. capitol police. that's not rank and file. i'm talking about leadership. i think both agencies need to have their leadership gutted and completely restructured and reevaluated by some outside entity. >> michael fanone, olivia troy, thank you. >> thank you. tonight, senator raphael warnock and herschel walker will face-off in their only debate before election day. so what can you expect? stick around. we'll tell you. about retirement, she'll get some help from fidelity to envision what's possible and balance risk and rewarard. and with a clear plan, rayna can enjoy wherever she's headed next. that's the p planning effect, from fidelity. i'd like to thank our sponsor liberty mutual. they customize your car insurance, so you only pay for what you need. contestants ready?

go! only pay for what you need. jile: liberty. liberty. liberty. liberty. america's best, you can get two pairs of glasses and a free eye exam starting at just $79.9 two pairs! and they don't even have to be identical! in fact, one pair can be practical and sturdy, while the other pair is super stylish and wildly good-looking. not that it's a contest or anything. two pairs and a free, quality eye exam starting at just $79.95. the exam alone is worth at least $59. book yours today at americasbest.com the silent type, i see. we are the first generation of patients who get to redefine what it means. what should it look like, and what can we be as a community of women? it's still okay to hope. ♪ ♪

you love closing a deal. but hate managing your business from afar. you need to hire. i need indeed. indeed you do. indeed instant match instantly delivers quality candidates matching your job description. visit indeed.com/hire ...years faster than our initial projections. when you see things differently, you can be the difference.

capella university sees education differently. our flexpath learning format lets you earn your bachelor's degree at your pace. we've got questions about medicare plans. well, we've got a lot of answers! how can i help? well for starters, do you have a medicare plan i can actually afford? how about a plan with a $0 monthly premium? well, that's a great start. what other benefits can we get? things like dental, vision and hearing. but let me help you pick the plan that's right for you. ooooooooh! [laughs] don't wait, call 1-888-65-aetna to get answers to your questions and pick a plan that's right for you and let's make healthier happen, together. ♪ ♪ ♪ ♪ ♪

(vo) the older. the physically challenged. the last to be chosen. shelter dogs with special needs face a far longer road to adoption. but subaru knows even the toughest roads can lead to the most amazing places. that's why subaru and our retailers created national make a dog's day... to help all underdogs find homes. subaru. more than a car company.

debate night for georgia. this is a high stakes moment we're talking about, this debate for democratic incoumbent senator. >> this is the first debate ever for walker conservative. he's been repeatedly denying allegations years ago he paid for an abortion for his former girlfriend. diane gallagher is in savannah, georgia where this debate is happening tonight. early voting in georgia starts next week. this could be a headache or break moment. >> reporter: it really could. on monday georgians began going to the polls this is consequential for both men. it may be the only time we see them face-to-face tonight in that building behind me. look, i would anticipate we'll hear about the allegations that have been swirling around herschel walker especially for the past two weeks. i think the question is how much either candidate is going to engage in those. now, look, walker has flatly

denied that he paid for an ex-girlfriend's abortion or encouraged her to terminate the pregnancy that later resulted in their son. but warnock for his part, the senator has not engaged really in any sort of conversations or even really directly answered questions about specific allegations dealing with walker's personal life or past. now, look, the republican you mentioned, this is his debate debut. he's a political rookie here but his team is been diligently been preparing him for this debate by playing off the qualifications on a debate stage. according to my colleagues, they have been doing mock debates with walker's team and he has been leaning on seasoned debaters like newt gingrich and senator lindsey graham to prepare for tonight. republicans believe the key for walker is to show that he is

knowledgeable about some of the issues and that he cares about people and the issues are the key here. the bulk of what i anticipate we'll hear tonight are the topics people in georgia feel impacted on. we're talking about crime, the economy, abortion, gun rights, those all right questions they're likely going to be feeling for the majority of this hour. look, walker's team has sent out some of the things trying to tie raphael warnock to the biden administration. something that we have seen across the country with democrats for their part. the senator's campaign sent out something like debate tips giving us a preview, something interesting of him putting this between him and the biden administration and highlighted his fight against the biden administration to keep a combat readiness center here in san va that open. i would anticipate you'll see him trying to highlight his independent streak and record in the senate tonight here in

georgia, the most expensive contest in the midterms so far. >> a lot of money. a lot of money. diane, appreciate it. thank you. let's bring in scott jennings, maria cardona is a democratic strat strategists. thank you both. as we're looking at this and what is going to happen tonight, there is a lot of debate prep going on and i found it interesting part of that prep includes really making sure that herschel walker is knowledgeable and can drill down when it comes to actual issues and policy that he's knowledgeable she said and he can relate to people. how much of a concern is that? we have not heard a lot of focused issues from this candidate when it comes to policy. >> if you've never been on a debate stage in a high stakes situation like this, it's -- this is the top thing. and he's not a politician. he's never run for office. he does have something to prove to people about does he have command of the issues.

as a tactical matter, it would be interesting to see how they prepare to pivot out of attacks or issues republicans want to deemphasize. somebody starts hitting him on recent allegations or a topic he doesn't like, had they adequately prepared him to pivot back to the things republicans are running on, inflation, economy, immigration, crime and focussing on those matters as opposed to something else. again, he's a rookie so that's why they're down playing lowering bart and lowering expectations for him and it will be interesting to see how the debate prep team comes on. sometimes these things are sleepily. in this case, it's a big moment in the race. >> everybody is watching this one. >> maria, when scott says they're lowering the bar, the candidate himself is putting it as low as possible. this is how he describes himself, his opponent and what he is going to try to do tonight. >> i'm not that smart. he's a preacher and smart man and wears nice suits so he'll show up and embarrass me at the

debate on october 14th. i'll show up and do my best. >> i'm not smart. my clothes are raggedy. i don't know. he's a preacher. i mean, how does his opponent, how does senator warnock then approach this considering that is what the opponent is saying? >> well, scott and i have actually talked about this and we agree that if you don't believe your opponent is prepared or knows the issues, which i think is the case with herschel walker, it is smart to down play expectations but i think what herschel walker did in that sound byte is he kind of laid out to georgia voters why they should vote for raphael warnock and not him. i don't know if that specific sound byte was smart i guess under scoring the sound byte itself about herschel walker. i think what you'll see from senator warnock is a senator who will talk about what he has already done for georgia voters. he will absolutely under score

the bipartisan nature of what he has done thus far. he has worked across the aisle with senators cruiz and others. he's stood up to the biden administration. i think that's smart in a swing state like georgia and i think that by not saying the things that we know are on the front burner for georgia voters, all of these allegations about herschel walker's alleged abuse against his ex-wife and other women putting the gun to her head and specifically about his hypocrisy on abortion, that will speak louder and more volum voluminously than out right attacking herschel walker because he doesn't need to do that. >> how much of a focus is that going to be? both campaigns want to steer away a little bit for different reasons, though. >> i would be stunned if the debate moderators don't bring it up. >> no, it has to be included. >> for warnock, you want to let

somebody else do the dirty work. in this case, it would be the moderator and see how walker handles it and on the fly, you have to decide is it time for me to go in here? i think warnock has been kind of hands off on it so far. my supposition is his debate team would probably think not to touch it and just to only focus on, you know, the issues they're trying to emphasize or core day to day quality of life and just let walker try to deal with it himself. if i were in their shoes. i likely would not go on the attack. i would bet the moderator is going to bring it up and then i bet walker will be prepared for it. look, there is so much paid advertising on this thing and what is going on, it probably wouldn't help warnock to try to turn the entire debate into something on this topic. >> there is no question the viewer has heard about this allegation. >> of course. >> maria, let's go to pennsylvania and the democratic nominee for senate there, john fetterman, his campaign is now today airing a new ad that talks

about his recent stroke. here say bit of it. >> after my stroke, i was just grateful to see gisele and our kids. politicians spend so much time fighting about the things that don't matter. i'll always be focused on what does, access to health care, lower costs, good jobs, more time with those we love. i'm john fetterman and i approved this message. >> now, the campaign says they want the voters to get to know him but why not instead of just talk about the stroke in an ad release some of these medical records. put forward his doctor to answer some questions? >> well, first of all, victor, they have been talking about what his situation is with the stroke. john fetterman has in no way, shape or form hidden from the media. he's done events every day. he's talking to the media every day -- >> maria, wait, in 2016, we had a conversation, you and i and alice stewart, i was on the

weekend then about donald trump's medical records and alice said he's out on the stump. he's out there. you can see he's healthy and you said that wasn't enough. that we need to see those records. we need to see the doctor. so why doesn't that standard apply to john fetterman? >> i'll tell you one of the reasons why. john fetterman actually did put out a letter from his doctor, a real doctor -- >> when? >> not a wako doctor like donald trump had -- >> when? >> that letter actually laid out all of the key information that voters want to know. but listen, victor -- >> that was months ago. >> but that's -- here is the point. here is the thing. there is going to a debate coming up. he's going to continue to face the media and he will get questions about this and they will need to be -- they will need to answer those questions -- >> he's already getting them. >> exactly. so then it will be up to the voters to figure out whether they want to vote for a candidate who is a stroke survivor who is talking about it, who is talking about what

his challenges are and how he's recovering versus a candidate who has made fun of him, who has belittled him for being a stroke survivor and frankly now we're finding out is possibly a puppy killer. i think that is a grand contrast between these two candidates and it's going to be up to the voters as it always is and my guess is that this is a contrast that democrats will end up winning because of who these candidates are and who truly represents pennsylvania because one of the issues that dr. oz has is he's a carpet bagger. he's put out their products to enrich -- >> all right. i got it. i got it. i just want to remind you of the standard you set in 2016 for donald trump and we'll see if now john fetterman has to live up to that. maria cardona, scott agjennings thank you. >> thank you. 1,000 students absent on one

day at one school in california. health officials think it's because of the flu. health officials worry the virus is picking up speed. what you need to know ahead. an aarp medicare supplement insurance plan from unitedhealthcare. medicare supplement plans help by paying some of what medicare dodoesn't... and let you see any doctor. any specialist. anywhere in the u.s. who accepts medicare patients. so if you have this... consider adding this. call unitedhealthcare today for your free decision guide. ♪ the new subway series menu. the greatest sandwich roster ever assembled. tony, the new outlaw's got double pepper jack and juicy steak. let's get some more analysis on that, chuck. mmm. pepper jack.

tender steak. very insightful, guys. the new subway series. what's your pick? it seems like things are falling apart lately. the economy. the market... everything. but upwork lets you strategically hire talent to weather all ups and downs your business might go through. look at all that talent. ♪ and i'm going to tell you about exciting medicare advantage plans that can provide broad coverage and still may save you money on monthly premiums and prescription drugs. with original medicare you are covered for hospital stays and doctor office visits but you have to meet a deductible for each, and then you're still responsible for 20% of the cost. next, let's look at a medicare supplement plan. as you can see, they cover the same things as original medicare, and they also cover your medicare deductibles and coinsurance. but they often have higher monthly premiums and no prescription drug

coverage. now, let's take a look at humana's medicare advantage plans. with a humana medicare advantage plan, hospitals stays, doctor office visits and your original medicare deductibles are covered. and, of course, most humana medicare advantage plans include prescription drug coverage. with no copays or deductibles on tier 1 prescriptions, and zero dollars for routine vaccines, including shingles, at in-network retail pharmacies. in fact, in 2021, humana medicare advantage prescription drug plan members saved an estimated $9,600 on average on their prescription costs. most humana medicare advantage plans have coverage for vision and hearing. and dental coverage that includes two free cleanings a year, plus dentures, crowns, fillings and more! most humana medicare advantage plans include a silver sneakers fitness program at no extra cost. you get all of this for as low as a zero-dollar monthly plan premium in many areas; and your doctor and

hospital may already be a part of humana's large network. there is no obligation, so call the number on your screen right now to see if your doctor is in our network; to find out if you could save on your prescriptions, and to get our free decision guide. humana, a more human way to healthcare. think about the best night's sleep you've ever had. at tempur-pedic, we're dedicated to helping you sleep like that. every night. so you get the deep, comfortable, undisturbed rest you deserve. for a limited time, save $300 on select* tempur-pedic mattresses. there's a reason comcast business powers more businesses than any other provider. actually, there's a few... comcast business offers the fastest, reliable network... the protection of security edge...

and the most reliable 5g network. want me to keep going? i can... whether your business is starting or growing, you need comcast business. technology solutions that put you ahead get started with fast speeds and advanced security together for $69.99 a month for 12 months. plus find out how to get up to a $650 prepaid card with a qualifying bundle. 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.

u.s. health officials say the flu is gathering spread across the country and 13spreadg earlier than usual. >> one san diego high school says about a thousand students were out this week possibly with the flu. that's a lot of flu. public health officials are investigating. cnn health reporter jackelyn howard is joining us with more on these growing concerns about the flu season itself. so i mean, the san diego high school sounds like one thing but is that an issue that we're seeing on the ground across the country? >> well, erica, cdc officials just earlier this afternoon released a report on what they are seeing on the ground and they report that we are seeing early increases in flu right now specifically a lot of that is happening in the southeast and south central regions of the country and while we haven't heard of many schools reporting these large outbreaks quite yet, health officials are bracing for that possibility.

the reason why, two reasons why we're seeing an increase in flu. number one because we've rolled back covid measures like masking and social distancing, that also works against flu so that's one reason and number two, because the past two flu seasons were very mild, some experts think right now our immunity is low. if you look at the past seasons, here is some numbers. in 2019 when you looked at the percentage of patients who were sick with respiratory symptoms how many of them tested positive for flu before covid in 2019, 3.1%. then it dropped to 0 .2% in 2020, 0.1% in 2021. now, just this month, we're back at 3.3%. and if you think back to precovid in 2019, there were some school closures due to flu so again, that's why officials are bracing for what's to come.

>> all right, jackelyn howard, thank you. a philadelphia teen was shot while riding his bike. just days later he was arrested for attempted murder. was it possible for the injured teen to even commit that crime? doctor doesn't think so. who is that doctor? none other than our own jake tapper's dad. jake will join us with more on this s story next. people remember ads with young people having a good time. so to help you remember that liberty mutual customizes your home insurance, here's a pool party. ♪ good times. surance! ♪ only pay for what you need. ♪ liberty. liberty. liberty. liberty♪ [ marcia ] my dental health was not good. i had periodontal disease, and i just didn't feel well. but then i found clearchoice. [ forde ] replacing marcia's teeth with dental implants

at clearchoice was going to afford her that permanent solution. [ marcia ] clearchoice dental implants gave me the ability to take on the world. i feel so much better, and i think that that is the key. in 3 seconds, 15 couples will share a perfect moment. oh, wow. but we got to sell our houses. well, almost perfect. my place is too small, your place is too far. selling them means repairs, listings, cleanings. what's the market even like? this could take like... forever. or, more like days. skip the hassles and sell directly to opendoor. done. yes. oh, yes. get your free offer at opendoor.com red loved visiting grandma's house. and after saving big at amazon, she was ready for those... uninvited guests. [growling]

shop legendary deals at amazon. ♪ what will you do? ♪ what will you change? ♪ will you make something better? ♪ will you create something entirely new? ♪ our dell technologies advisors provide you with the tools and expertise you need to do incredible things. because we believe there's an innovator in all of us.

my most important kitchen tool? my brain. so i choose neuriva plus. unlike some others, neuriva plus is a multitasker supporting 6 key indicators of brain health. to help keep me sharp. neuriva: think bigger. ♪ hey dad, i'm almost out. i got you. any questions, chris? all good, thanks maura! there you go, one new inhaler! nice did you get my refill too? maybe [door bell] here you go, sir. you're a lifesaver. have a nice day. healthier is managing all your family's prescriptions in one app. cvs pharmacy. healthier happens together

we've got questions about medicare plans. well, we've got a lot of answers! how can i help? well for starters, do you have a medicare plan i can actually afford? how about a plan with a $0 monthly premium? well, that's a great start. what other benefits can we get? things like dental, vision and hearing. but let me help you pick the plan that's right for you. ooooooooh! [laughs] don't wait, call 1-888-65-aetna to get answers to your questions and pick a plan that's right for you and let's make healthier happen, together. "the atlantic's" november

cover story details rice, he was convicted of attempted murder in 2015. >> jake revisits the investigation of the 17-year-old black teen from philadelphia and the trial focussing on the legal representation available to rice, which was inadequate at best and at worst, case study in incompetent legal practice. jake joins us now. jake, first, between those two, you know having read this article incompetence or inadequacy here? >> i mean, i can't speak to sanjay weaver as an attorney in general. i don't know her. she's not alive anymore. i'm not familiar with other cases. all i know is this case and i can tell you that there were -- it was just instant after instant where she just failed to provide basic lawyering, basic

defense skills. her client, cj rice was 17. she didn't even move to have the case heard in a juvenile court. she didn't apparently visit the crime scene. she didn't poke holes and the only evidence against c.j., which was one witness who had previously said three times she had no idea who did it and then changed her mind the next day and said c.j. did it after the police got a tip that he did. didn't even point that out. just instant after instant. now, my dad testified at the trial and he said for the first time in his career, he's a doctor and testified in cases before, he never met the attorney until basically he was on the stand and she failed to ask basic questions that would elicit the answers that would have a defense for him, mainly, that c.j. could barely walk at the time of the shooting, muchless run. >> so walk us back. your dad met him and your dad treated him and what your dad

noticed and why to your point your dad said he wouldn't have been able to walk at that point. >> my dad had been his pediatrician for his whole life. he had been seeing him forever when he was -- in september 20th, i think it was, 2011, c.j. came in. he had been shot three weeks before. c.j. said it was a case of mistaken identity but whatever the reason, c.j. had bullets in him. he had about three dozen or so staples up and down his chest and my dad said that he could barely walk. he was shuffling around like a sick 100-year-old man, could barely stand, could barely move around, could barely get on the examination table. so he was stunned five days later to hear that c.j. was named as a suspect in a shooting where the assailants ran. my dad said it just wasn't possible for that to have happened. and then because sanjay weaver

was such an incompetent attorney, c.j.'s co-defendant was acquitted by c.j. was found guilty and sentenced to 30 to 60 years for attempted murder. nobody was even seriously injured in the shooting much less killed but he's now in prison and my dad has been trying to get the appeals process going and the like but the just dicial system in our country protects itself. it's very difficult to get anything overturned especially for the basic idea he did not have adequate counsel because in this country, the sixth am amendment is a joke. you can be a drunk. you can be asleep. you can be mentally incompetent or disbarred and our just d terrible system does not consider you to be inadequate. that's when he asked if i would examine what happened and investigate. >> a step by step as you read through this starting with the identification of him, the photo array, the officers who knew who

they want the to be identified are the people at that time who were showing the photograph to the eyewitness and you go on and on and all of the landmarks in this case just did not serve this young manuel at all. jake, i thank you for bringing us this story. >> thank you for having it. to make the point i make at the end, there is no way under the same exact circumstances that the philadelphia police would have arrested me for the exact same crime. no way. if they had, i would have been able to afford a lawyer that would have had this case thrown out of court. it's that simple. >> further highlights the issue that so many people are facing on a daily basis. jake, thank you. reminder, the cover story in "the atlantic" and tune in tonight, 9:00 p.m. with jake tapper. jake will sit down with an iran born actress. you can see that interview tonight at 9:00 p.m. here on cnn. we're watching the dow right now, here is a big board.

the dow dove 330 points, another volatile day of trading after more signs inflation is hitting americans hard. we'll get into it. stay with us. we're dedicated to helping you sleep like that. every night. so you get thehe deep, comfortable, undisturbed rest you deserve. for a limited time, save $300 on select* tempur-pedic mattresses. it's nice to unwind after a long week of telling people how liberty mutual customizes your car insurance so you only pay for what you need! he's natural. only pay f what you need. ♪libert liberty. liberty. liberty.♪ for adults with generalized myasthenia gravis who are positive for acetylcholine receptor antibodies, it may feel like the world is moving without you. but the picture is changing, with vyvgart. in a clinical trial, participants achieved improved daily abilities with vyvgart added to their current treatment. and vyvgart helped clinical trial participants

achieve reduced muscle weakness. vyvgart may increase the risk of infection. in a clinical study, the most common infections were urinary tract and respiratory tract infections. tell your doctor if you have a history of infections or if you have symptoms of an infection. vyvgart can cause allergic reactions. the most common side effects include respiratory tract infection, headache, and urinary tract infection. picture your life in motion with vyvgart. a treatment designed using a fragment of an antibody. ask your neurologist if vyvgart could be right for you. we are the first generation of patients who get to redefine what it means. what should it look like,

and what can we be as a community of women? it's still okay to hope. ♪ ♪ nina's got a lot of ideas for the future. and since anyone can create a free plan at fidelity, nina has a plan based on what matters most to her. and she can simply focus on right now. that's the planning effect. from fidelity. new projects means new project managers. you need to hire. i need indeed. indeed you do. when you sponsor a job, you immediately get your shortlist of quality candidates, whose resumes on indeed match your job criteria. visit indeed.com/hire and get started today.

a judge has thrown out one of the five charges against a man who is the primary source of the infamous trump russia dossier. that man is now on trial. the investigation against him, of course, has been led by john durham. >> cnn's evan perez joins us now. this is a major setback for the durham investigation. tell us about what's been thrown out. >> reporter: that's right, victor. this has been an investigation obviously going on for three years now. and igor danchengo, who was one of the prime sources for christopher steele's dossier, which had these allegations against the former president, donald trump. the judge today decided that at least one of those counts did not need to go to the jury. he said that durham's case was too weak. he said on this one count, which

related to a conversation that he had with a democratic operative, that his answer to the fbi was "literally true." so he threw that count out. he's still facing four additional counts. as you pointed out, this is a setback for durham. he's been going at this for three years. this was the much ballyhooed investigation of the investigators. the former president, attorney general bill barr at the time, appointed him, expecting great things to try to figure out where the fbi and where the deep state was going after the former president, donald trump. and at the end of this, all durham has to show for it is one conviction, a guilty plea of a former fbi lawyer, who made some -- who lied on a fisa application. he also brought charges against a lawyer for the democratic national committee.

that case fell apart and he was found not guilty. so at this point, we expect durham, when this case wraps up probably on monday, we expect that durham is going to complete his report and we'll see what allegations he turns up as part of his three-year investigation. victor? >> all right, evan perez for us there in washington. thank you. former president donald trump responding to the january 6th committee's vote to subpoena him. what did he say? will he comply? stay with us. 'til my sister signed up for united healthcare medicare advantage. ♪wow, uh-huh♪ now she's got a whole team to help her r get the most out of her plan. ♪wow, uh-huh♪ with coverage that's's better than ever for dental... ...vision... ...prescription drugs and more. advantage: me! can't wait 'til i turn 65! aarp medicare advantage plans, only from unitedhealthcare. take advantage now at uhc.com/medicare

when you see things differently, you can be the difference. -how are you? -good. capella university sees education differently. our flexpath learning format lets you set deadles and earn your nursindegree on your schedule. president biden 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. and it's paid for by making the biggest corporations pay what they owe. president biden's bill doesn't fix everything, but it will save your family money.

all across the country, people are working hard to build a better future. so we're hard at work, helping them achieve financial freedom. we're investing for our clients in the projects that power our economy. from the plains to the coasts, we help americans invest for their future. and help communities thrive.

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. (vo) you can be well-dressed. (man) in sawahoooo!sco. (vo) you can be well-groomed. or even well-spoken. (man) ooooooo. (vo) but there's just something about being well-adventured. (man) wahoooooo! (vo) adventure on a deeper level. discover more in the subaru forester wilderness. love. it's what makes subaru, subaru. subaru is the national park foundation's largest corporate donor. anti-asian hate crimes are surging in the u.s.

this week, an asian-american jumped into action to protect her community. >> the day of our distribution, the lines have past four blocks around the neighborhood where people waited almost two hours to obtain a personal safety device from us. to make the noise, pull out the pin and it scares people away and it alerts people around you. it was simultaneously heartbreaking, but also motivating to see so many people come out. i think it highlighted the need and the fears that many vokes like me are experiencing right now. >> thank you so much. >> stay safe, bye. >> i hope it helps to save lives. that's our only hope moving forward. >> good work. to learn more about michelle tran and her organization, go to

cnn.com. americans are pulling back on spending. >> that's just one of the economic indicators rocking wall street. we're joined now. let's tack this will new retail data. >> it was a rocky week. we got retail sales data. what we saw is that americans continue to pull back on their spending. so september retail sells were essentially flat. when you look, however, under the hood of that number and see where americans are really pulling back on spending, it's discretionary categories like electronics, appliances, furniture. there were some gains in categories like clothing, apparel, and restaurants and bars. but guys, this comes in a week when we got higher than expected inflation reports, and that led to the markets doing some wild swings. the truth moving forward,

goldman sachs saying until we get some clarity, you can see the dow now off about 1.4%, or 400 points, goldman sachs putting out a note this morning saying until we get clarity on the inflation front, which we don't have, we're going to continue to be in this volatile space for stocks. so buckle up. >> a lot of these variables are conflicting. >> the jobs market is strong, so that's great news for the economy. americans can still spend, but they're pulling back because inflation is at 8.2%. >> i think people feel the uncertainty, too. there's this concern of, i don't know what's coming next. >> especially when you look at your portfolio. >> i'm not looking at that 401(k). >> thank you. and "the lead" starts right now. ♪ ♪ he responded, all right. donald trump's take on the subpoena by the ja