top of the hour in the "cnn newsroom." i'm erica hill. >> and rafael warnock reelected after defeating herschel walker. the democrats have a real majority in the senate. >> i am georgia.

[ cheers and applause ] i am an example and an iteration of its history, of its pain and its promise, the brutality and the possibility. >> also, this hour new details on possible criminal referrals from the january 6th committee. sources tell us who may be in those crosshairs and just how soon you can expect those to come down. plus the supreme court hearing oral arguments in a case that could have far-reaching implications of elections in this country. we'll break down the details and why it's so consequential. >> our reporters and correspondents are standing by as we wait to hear from senator schumer. let's begin with emma walker

who's in atlanta. let's look at the numbers. rafael warnock winning reelection, will head back to washington. what did we see play out overnight? >> reporter: if you look at those numbers, erica, warnock won 95,000 more votes than what walker has. what we saw here in the runoff was warnock expanding the lead from the 37,000-vote lead he had in november. also, the turnout was quite impressive. 1.6 million georgians turned out to vote. according to the georgia secretary of state, that's the highest elet day turnout ever. yes, it is slightly lower than the 3.9 that turned out during election day, but either notable. this was a runoff. usually interest wanes for a runoff.

i also want to point out the hi turkey nature of this. this was the first time two black candidates competed for a u.s. senate seat here in georgia. as you you said, in the end it was senator warnock who prevailed. his win really says several things. first off, georgia is truly a swing state, something that georgia democrats were watching closely. we can expect they will use the same blueprint when it comes to the 2024 election. we also saw the democrats really step up their ground game, a ground game that was laid out for us by stacey abrams. what the warnock campaign wanted was their supporters to vote early, that's exactly what they saw, a huge surge in early voting. he was hoping that would provide a big cushion on election day. i want you to listen to both candidates last night. here's what they said. >> whether you voted for me or

not, that every single day i am going to keep working for you. >> one of the things i wanted to tell all of you, never stop dreaming. i don't want any of you to stop believing in america. i want to you believe in america and continue to believe in the constitution and believe in our elected officials most of all, continue to pray for them. all the prayers you have given me, i felt those prayers. >> reporter: and those obviously a huge blow as well to donald trump. he had hand-picked herschel walker, so this is clearly a sign he's not exactly a king maker, at least here in georgia. back to you. >> and his attend said something donald trump never says, despite the results of the election, have faith in the constitution and faith in your elected leaders. that's a marked difference from

the man who endorsed him. >> and an important one for democracy. as we mentioned. chuck schumer set to make his way to the podium anymore, where he will weigh in, take a bit of a victory lap. members on the other seed assessing their losses. manu raju has more on capitol hill. what's different about this time? what are they saying? >> reporter: yeah, there is a lot of anger, anguish, frustration about what happened in the election cycle, not just in georgia, but key seats in arizona, pennsylvania, nevada on the table, real opportunities to take back the senate majority. i caught up with senator graham this morning, a prominent supporter of herschel walker. he said not only do they need to

improve fund-raising online, but also not demagogue the idea of early voting, something that donald trump has done over and over again, questions mail-in voting. he said we need to stop that's correct including others, like roy blunt told me flatly, we need better candidates. one of the questions that republicans will have in the next election cycle is how to get those better candidates. in this cycle, the committee led by rick scott, decided not to engage in primaries, allow the primary process to play out themselves. i'm hearing an effort to change that strategy, get more heavy-handed, gelt more involved, select those candidates they believe will be successful going forward. there's a problem. donald trump got behind several of those key candidates who emerged who ultimately lost, lie herschel walker, like blake masters in arizona. so some frustrating soul-searching about what's

next. they thought they would not just be in the majority, but be in a comfortable one, and now they're in the minority for the next two years. >> democrats surprised by their success frankly on the senate side. manu raju, thank you very much. joining us is errol lewis, house of the "you decide" podcast. good to see you as always. pick up where we left off. i thought it was interesting roy blunt saying we need better candidates. there's all this talk about what the assessment will be, there's a lot of finger pointing, this is donald trump picking bad candidates, but you have the party getting behind those candidates. do you see a real reset in the wake of these miss terms, errol -- >> herschel walker -- terrible candidate -- won 68% of the

vote. donald trump did sort of put him up to it, but it was the voters who selected them after their nominee. it's going to have to be a broad leadership conversation, but it's always going to have to involve the masses of republican voters who e. at least at the primary level, seem to be attracted to some of these really flawed candidates who cannot win in general elections. >> also, we should know, right, that though trump hand-pitched a lot of these candidates, the party backed them. even kemp backed walker, and it didn't push him over the line. there were lots of opportunities for republican leaders to say, no, an election denier should not be running for governor in arizona. they didn't do it. is the question here, do they have the guts, in effect, to contradict the former president when he endorses candidates that they don't think are viable?

>> well, jim, that question has been asked and answered several times over since 2015. the answer always is the same -- they do not have the guts to take on donald trump. the platform of the republican national committee says what we stand for is whatever donald trump says we stand for. once you turn over that kind of control to one person, who after all is very popular with the republican base, you have to take what you get. if he gives you mehmet oz, herschel walker, blake masters, you have to suck it up and ride it to the bitter end. herschel walker almost won. the republicans won every statewide office except that one, and they won by an average margin of seven point. by no means is the republican allegiance to donald trump always a losing position.

>> you look at the turnout numbers that were massive. we know there was a very important mobilization to get people out to the polls, but still it's 95,000 votes separating them. i'm not saying it's two votes, but to your point, errol, that's still close. >> it's very close. listen, it couldn't have been a better political science experiment. rafael warnock, eloquent -- >> hold that thought, errol, we do have the senate majority leader chuck schumer, speaking on capitol hill. let's have a listen. >> amazing gary peters, who ledded dscc, and they say all good things come to those who wait. this outcome is absolutely worth the wait. after one year, ten months, 17 days of the longest 50-50 senate

in history, 51, a slim majority. that is great, and we are so happy about it. first and foremost, i want to congratulate rafael warnock. i spoke to him this morning again on running. he'll be up here later today, on running just a great race. strong, inspiring, unifying, never daunted. i remember calling him the day the vote came in in the general election. even though he was disappointed he came close, but not at 50, he said i'm rarin' to go, and we're going to win the runoff. of course, he did, not by half a percent or 1%, but by close to 3%. he did an amazing thing. he was just a person for -- who

had great faith, he had great strength, he had great conviction, he had great caring. he's a unique man who has a great future. i was brought to tears last night watching him tell his story and his concluding line in the sentence, where he talked about his mom. he said, she grew up in the 5th 50s picking somebody else's cotton and somebody else's tobacco, and last night -- every time i read it i get choked up -- last night she helped pick her son to be a united states senator. only in america. only in america. you know, four years ago i began recruiting candidates in georgia. my first choice was obviously my friend stacey abrams. she said i don't want to run for senate, but there's someone as good as me, if not better, rafael warnock. it took me a while to have him

even meet with me. he was busy as a pastor. the minute i finally met him, i said, this guy is special. if there's anyone who can win in georgia, which was then regard as a red state, it is this guy. it took a few more months of persuasion. i had everyone under the sun call him. al sharpton was on tv today mentioning that. thank god he ran. of course, the people of georgia are better off. the democratic senate caucus is better off, and america is better off, because he ran and won. as i said, he's going to have a great, great future. so that's first and foremost. rafael warnock, an amazing man who's now had four victories in two years, in what was regard as

a red state. i give lots of credit to stacey abrams. she and her organizations helped take a state that was very red and made it purple. it's a lesson for all of us. you don't just come into an election three months or six months before, but you build organizational strength day after day, year after year. okay. second, i'm going to talk about why did democrats defy history in these miss terms. as you know, we did. it's the first time since 1934 where every democratic incumbent won with the party, and with being the party in power. that hasn't happened since 1934, that every incumbent won. why did that happen? well, first, because we had great candidates. not just rafael warnock.

gary and i had probably talked to every one of the candidates. their strength and their vitality was just incredible. they're just indominate able. why back in april did everyone think we would lose seats in the senate -- i'll take it in time order. first, in may and june, the public began to realize how far right these maga republicans had gone, the dobbs decision was a crystallization of that, of course. when people said, wow, these maga republicans are serious about turning the clock all the way back. there were two supreme court decisions on concealed carry and on limiting what we could do to

stop coal plants from poisoning the atmosphere. there were the january 6th hearings. i think they had an important effect. people didn't just read about something that happened once, but every night they saw on tv they hooligans, these insurrectionists being violent, beating up police officers. i was very tougched meeting the s s sickniks yesterday, and they saw the republican leaders wouldn't even attack this craziness. so about 10% to 15% of the electorate, republicans who were not maga republicans, who were not trump republicans, people who said, well, i'm a reagan republican, i'm a bush republican, but this trump republican isn't for me, and

independents who intended to vote republican started saying this republican party isn't for me, but in june still, they had doubts about the democratic party. was the party talking about things they didn't care or didn't like, and could they get anything done? the turning point occurred this summer, where we passed six major bills, five bipartisan, all of which affected people's lives. they were things people wanted us to talk about -- making the environment better, dealing with the high cost of prescription drugs, dealing with gun safety, helping our veterans, getting american jobs here, not in china with new industries and the chips legislation. expanding health care. they had, whoa, this democratic party is the party that i like. by september 1st, i thought we would win the senate, we would

keep the senate, because the combination of those two things was the powerful one-two punch that made us defy all the odds and provided the right nutrient so our great candidates could prevail. don't take my word for it. this is what i read lindsey graham said this morning, quote -- democrats have done a pretty good job of picking issues that motivate their base and have wider support among the public. we, the republicans, need to be doing the same thing. i think a lot of people in the republican party don't see us douse it as emphatically as the democrats. once few times i'll quote lindsey graham with approval, but he said it. okay. the practical effects of the 51-seat majority is big, it's

significant, we can breathe a sigh of relief. obviously judges and nominees will be a lot easier to put on the bench. we are so proud of our record with judges. it's maybe the most significant thing we have done. as you know, two thirds are women, half are people of color. there are more black women on the federal bench now than -- i think today more than ever combined before we biden became president. we got into the majority. they're people who knows what people's lives are like. they're not just corporate lawyers or prosecutors. they're immigration lawyers, and consumer advocates, legal eight people, public defenders, so the bench is looking more like america.

now it will be easier. so are the nominees. it's been amazing how the republicans have used the 50-50 senate to procedurally hold up so many appointments. it will mean our committee chairs have more flexibility on legislation. the number of times chairs said i would like to move this bill forward, but in a 10-10 committee, i can't do it. it will be tied. that's all going to change. we'll have the advantage on every committee. it's going to mean that our committees will have greater oversight ability, subpoena power. people say, it's the biden administration, but no, no, subpoena power can deal with inequities and other problems throughout the country, and just gives us a lift. the fact we got the 51 votes gives us just a great feeling,

enthusiasm, unity, encouragement in that way. let me just add, in addition, our caucus has been greatly, deeply gradeful for vice president harris' constant schedule juggling to preside over a 50-50 senate. she did a great job. we're appreciative. it's part of her jobs, and she's done great things, and i think she'll have more time to do other great things, because the need for her to be here will be less. next. i would like to reach out to republicans. there are a good number of republicans in the senate and the house who are not maga republicans, who know if the republican party follows the hard right and the extreme members in that you are caucuses, that they'll continue to lose ground, as they lost ground in 2020 and they lost

ground in 2022, and in 2018 in the house. it is my intention to reach out to them and say, how can we work in a bipartisan way? you say, that would never happened, but look at what happened this summer with 50-50? five were bipartisan. not every republican went along with us, but enough did. we will keep doing that. turn leaft, republicans, or at least don't turn right, that would be a more appropriate thing to say. that's very, very important to us, to get things done. well, you might call that, erica, a victory lap of sorts from the democratic majority

leader chuck schumer praising the party's results, including wins the runoff election in georgia just last night, saying it's going to make a difference for his party going forward in this term. >> absolutely. it gives them a lift, but the practical here, right, moving political appointees through, having that control of committees, stronger subpoena power. it was, too, in that last point, he talked about reaching across the aisle to work with republicans, touting bipartisan legislation. that's something we also heard from the 51st democrat in the senate, rafael warnock, as he was campaigning. there was talk of his bipartisan efforts. we'll see how it all plays out. >> we'll see if there's interesting from the other side, beyond right, in terms of appointments, legislation, and more. nearly two dozen shell

casings from a high-powered rifle have been recovered from the scene of the attack on a north carolina power station. we'll speak to an expert who has investigated similar substation attacks before. the supreme court case we're watching closely, arguments underway as we speak, in a voting case that could fundamentally change election law going forward. there is some concern that it could have an impact on public safety, too. what it all means? we'll take a look. and signals from chinesing its covid policies. is the country ready for what could possibly by a surge in covid cases? rs, neuriva plus i is a multitasker supporting 6 key indicators ofof brain health. to helelp keep me sharp. neuriva: think bigger. two new ihop lunch and dinner menu items for twice the goodness, twice the flavor, and twice the choice. sirloin sasbury steak and all-natural salmon.

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news and update from power official in moore county, north carolina. i just spoke to the mayor of one of the cities affected, she said power could be restored by the end of the day tonight. that could allow schools, stores, restaurants to finally reopen. it's been days after the weekend shooting attack that knocked out power. john wellinghoff joins us. thank you for taking the time this morning. >> thank you for having me. >> first, let's speak about the sophistication of this attack. in the break you were mentioning about how the target was a specific line. ably hitting that line, had a broad effect. what does that say to you about the planning, premedication capability of those behind this attack. >> it tells me the people who did this understood the system.

they knew what specific substation to target. it was one of the larger of the two substations that was hit, is the one i believe actually knocked out this line, so they were aware to some degree how this system operated. >> you investigated a similar attack back in 2013, just south of san jose, which threatened the power supply to all of silicon valley. when you look at an attack like this, what kind of hallmarks do you see? what kind of group or groups could be capable of such an attack like this, and does it have all right to what you saw nine years ago? >> it did. they used high-powered rifles, multiple rounds into the infrastructure. it sounds like they'll repair it

within a relatively short period of time, so they probably hit the cooling continues of the transformers to basically allow the oil to leak out, which is exactly what they did in san jose. this is almost a copycat of what happened in 2013. >> there was an fbi bulletin just two weeks prior to this incident, and it's chilling. it warned of attacks on infrastructure by those espousing, quote, racially or intention -- and aiming to cause societal collapse and subsequent race war in the u.s. is the threat to infrastructure like this, electrical infrastructure like this a particular threat from right-wing extremist groups? >> well, it certainly is. with unthing the american public has to understand, the electric industry writes their own regulations with respect to these issues, with respect to

physical security. it's the federal regulatory committee i was chair of for seven years that actually approves those and oversees them and enforces them, but the regulations themselves are actually written by the industry. so we need stricter regulations. we need regulations directly written by regulators, not the industry. we need to ensure they have some very simple, inexpensive ways to stop these attacks. that's easy to do. >> we learned this morning from my colleague john miller, that investigators have found shell casings at different firingingses, denoting some preplanning here, and his understanding was they believed the sheeters left perhaps within a minute of when law enforcement arrived. perhaps they didn't want to leave the shell casings behind.

is that a significant finding? >> very significant. it mimics precisely what happened in san jose in april of 2013. they, in fact, left very quickly prior to law enforcement coming, which would indicate they would have had some communication available in monitoring police channels, and marking positions with rocks is exactly what we found in our investigation in san jose as well. it's precisely parallel. >> interesting, remarkable, disturbing. let's keep the conversation going as we learn move. thank you. >> thank you. the supreme court is hearing a case of voting rights that could upend election systems in the united states. i'll speak to a prosecutor and a sheriff who are raising the alarms about the broad impact of this case, going well beyond your vote, they say.

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oral arguments underway right now in a supreme court case that will undoubtedly shape of future of elections in this country. moore versus harper tests whether state legislatures can set rulings in federal elections and they have the ability to do so without any constraints. >> now, the assertion -- the

argument uses what's known as the independent state legislature theory, that some involved in attempting to overturn the 2020 election, attempted to use in making their case. if the high court goes along with that theory, it could deliver enormous expanded powers to lawmakers in battleground states to establish new rulings for voting. jessica, you know better than us, that listening to these arguments could be something like reading tea leaves. do we have any indication of how judges are approaching this case? >> the arguments just kicking off about 30 minutes ago. they're trying to get the lay of the land here. we do know, however, four of these justices have previously written and leaned into this idea of the independent state legislature. it takes five justices to win a case. the arguments we have heard this morning is centered on what the

founders intended and the history of this election clause in the constitution. that's the big issue. it says the times, places, manners of holding elections should all by determined by state legislatures. republicans here are arguing that it's those state legislatures who have the time say. anything they decide to election is not reviewable by state courts, is not even bound by state constitutions. that's a potential leap here. if the supreme court agrees with that stance, it could drastically expand the power that these state legislatures have in addition to the way elections are run, also redistricting. that's the big issue in this case. plus there are some extreme interpretations that some conservatives have argued that they could prove presidential electors, and overrule a popular

vote. who knows what we'll see in a final opinion. the more extreme theory was pushed by trump supporters, as they argued for that position that state legislatures could decide the electors in beetle ground states. erica and jim, this could have extreme consequences for the way elections are run. just in the day-to-day procedure, absentee ballots. if the [ sides with the republicans here, that could give unchecked power to state legislatures over election procedures. that's what's at states here. many court watchers are saying democracy is at stake, if you want to take it that far, but a lot at stake how elections could run in the future. guys? >> indeed. some are saying federal courts could provide a check, but it's certainly an open question. jessica schneider, thank you so much. joining us to discuss is two

people who wrote an op-ed for "usa today" addressing this very issue. good to have both you gentlemen with us this morning. you say in that piece it's more about election law, that it boils down to public safety, saying if people believe they have no say in the institutions that shape their lives, they're more likely to regard those institutions as illegitimate. ellie, what institutions are you referring to there? have you seen this directly? >> sure. so, when we talk about institutions, we're talking about our democracy and our legal system more broadly. the foundation of our legal system is the public's trust in its legitimacy. that derives from a couple things. first, it's a simple proposition that the elections reflect the will of the people, and that the reason that the government is able to exercise power is

because of consent of the governed, because people voted for it. there's a second important aspect, too, which is that the legality of a governmental institutions actors can ultimately -- act upon by judges who are neutral ash trbiters. if the theory is vindicated, it would torpedo the safeguards, making the decisions effectively unreviewable by state judges, cutting neutral arbiters out of the process, and allow them to participate in the disenfranchisement of voters. an extreme interpretation of this could be a presidential candidate who did not win that election. we in law enforcement know that if the legal system lacks legitimate sid, we're less

likely to get cooperation of victims, witnesses and the like. >> sheriff, that stood out to me. from a law enforcement perspective, what it could mean for you in terms of, you know, not only your day-to-day job, but how you're interacting with the community and how they may enter act with you and the legal system. >> thank you so very much. it's funny that i have just been sworn in for my second term as sheriff, but this is my 41st year in law enforcement. i'm speaking from what i believe is great experience. every time we tau about law enforcement and community, the number one thing we talk about is building trust. building trust with the community, making sure that the trust that this would bring, if taken on and made a law, will still erode the trust we've been creating and building all these

years. we need prosecutors and law enforcement needs good witnesses, good victims. we need people to testify in court. our community at this point does not trust law enforcement that well. so what we're trying to say, let us continue to build these bridges, but something like this makes people believe something is fishy. >> so what's the reaction, then, rolely in mecklenburg county there. what was your response to your piece? >> well, we are concerned. i love in charlotte, north carolina, in the state of north carolina, and know most of these sheriffs, including the sheriffs we've been talking about with the power outage. i also know the person's name, mr. moore, who's on this bill. i have to look at it protecting my citizens, protecting the

state, and being vigilant, speaking out. this is something that went under the radar, and i have tosh the watchful eye for my community and citizens. this is not good. this is going to erode what we have been trying to build for years. people will be in a panic. people do not trust. legal system as it stands. >> eli, what's -- as i understand it, you clerked for justice ginsburg. there's been so much talk recently about this erosion of public trust in the supreme court. this shouldn't be ruling on public finish, but on the law, but just based on your experience, your time there, i'm curious. do you think they read this op-ed that they co-wrote? >> i don't know whether any individual justices read the op-ed, what they read on a day-to-day basis, but i do know there have been numerous legal briefs filed, which have raised

these alarm bells, which have raised a crisis of legitimacy in our legal system. and in our democracy. again, you know, legitimacy and trust is all that we have. it's why the judicial system is able to function. it's why we're able to do our jobs as law enforcement. you know, whether they read the op-ed or not, i'm confident that the arguments that have been raised in many of the briefs have placed this front and center. i'm hopeful the justices will pay quite close attention to it. it's a major case, a major issue. we appreciate you both taking the time to join us today. thank you. >> thank you. >> thank you so much. overseas now, china says it's laying out its plans to soften it's zero covid policy. those are strict rules that led to rare protests in the country.

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>> cnn spoke with a source familiar with this matter. four other properties, what are we talking about? >> reporter: we know at least bed minister was one of the properties being searched. they hired an outside team to do this, jim and erica. you know, there are sources telling kaitlan collins, you know, they made this offer to the justice department, to the fbi, to observe the search, because the justice department has been repeatedly coming back to the trump team, telling them they believe there are still classified documents, government documents that have not been returned to the federal government, despite the fbi's search of mar-a-lago back in august. so this was an idea that the trump lawyers had come up with as a way to at least show the judge here in washington, who had issued that subpoena for those documents to be brought back, to satisfy the judge, to say we have done everything we

can to return the documents, because the government says they do not have everything back. the source is telling kaitlan collins that they made the offer to the justice department, and the justice department declined. it would be highly unusual for the fbi to come in and observe a private legal team to do a search like this. they participated in law enforcement searches, but it would be very unusual to participate in a search being done by the legal team. we don't know what the resolution will be. the government believes there are still documents that are missing, despite the hundreds that the fbi brought back from the search in august. >> we may have the same question. if they find other classified documents in these properties, is there potential criminal exposure for the former president? >> reporter: there is potential criminal exposure right now. the government believes that not

all documents were returned. of course, jim, you know, the first subpoena was for all documents marked "classified." then weeks later, the fbi went to mar-a-lago and found hundreds of such documents. on its face, the former president already has legal jeopardy, because he was disobeying a grand jury opinion. >> real quickly, evan, they have hired this team to search for properties. have the searches taken place? >> we don't know the status. we know at least they were doing the bedminst. reform search. we don't know about the other properties. >> evan perez, thank you so much. "time" announced its person of the year this morning. it is ukrainian president

volodymyr zelenskyy, and "time" made the announcement with that front cover. efollows elon musk, and vladimir putin was that in 2007, that, of course, before he invaded several countries. thank you for joining us. and "at ththis house with ke bolduan" starts after a quick break. diminishes wrinkled d skin in just two days. gold bond. champion your skin. i see an amazing place. feels like a dream. a place of many wonders -

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