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john berman. this is cnn tonight. our headline, several classified documents from president joe biden's time as vice president discovered in a private office. he periodically used it in washington. they tell cnn a fewer than a dozen documents were found by biden's own people. his lawyer say they found him, some with the sensitive department designation. they found them on november 2nd. this is a notify the national archive immediately. they took possession of than the next morning. the president ignored, showed questions in mexico from corners tonight. >> now, there are questions tonight about how the documents got there. who knew they were there, what exactly they contain. the u.s. attorney in chicago who is a trump appointee there

are important distinctions between this and the swirl of controversy around donald trump in the documents at mar-a-lago. biden's lawyer said immediately turn over documents and cooperated as soon as they found them. it took several asks, subpoenas to get the search warrant. in that case, there was also an investigation of possible obstruction. the documents found in biden's office, fewer than a dozen. the ones found in mar-a-lago are in the hundreds. there was also a legal side and of course the political. everybody who watched the chaos in congress this past week knows that there is a new republican majority in the house with the gavel, new committee chairs. they are hungry for investigations. this could be the top of their list. now all of this against the backdrop of joe biden. cnn is reporting that he is getting ready to run again. i wanna bring in evan perez and sara murray. evan, you have the reporting on these documents.

just laid out for us. what do we know? >> well, john what we know now from the white house is that these documents were found in november during a search -- or process that the president's legal team was doing to shut down an office that he had set up when he left office back in 2017. he left the office as vice president. he had set up a think tank but the university of pennsylvania. it was during that process last november that they uncovered these government records. they should have been turned over to the national archives. now, among those documents as you pointed out was president biden's team, it was fewer than a dozen documents as a classified. at least some of these documents were at the level

that stands for a sensitive compartmental information. some of the most closely guarded secrets of the government. the president still doesn't know what was in those documents. so, at this stage we know that the justice department is doing a review and an investigation. it's handled by the -- at this point that's where we know. >> u.s. attorney, it is a trump appointee. ivan, people will look at this and say that the classified documents in possession of a former president. what are the differences? >> right, there are some big distinctions. according to president biden's team, we are talking about fewer than a dozen. we know from the court that we've been watching with regard to the documents that were

turned over from the former president. we are talking over 300 documents a various classifications. they were secret, a couple dozen at the highs classification. as he pointed out, john it took months and months of arguing, letters and threats from the justice department and the archives to try to get trump to turn over some of those documents. and in the, and he still didn't turn over all of them. when the fbi went in in august to do search, they found additional documents. we should point out that the justice department said in court filing with mar-a-lago in august, was they had received information that it was going to be moved out of that location. we know that that is the reason why they are the subject of the investigation. it includes obstruction according to president biden's team. they turned it over

immediately. so, that's where the distinction lies. >> sarah, what has the reaction been from capitol hill. . for republicans this, is a political gift. they were awfully amused as we were talking to them about the story tonight. you know, kevin mccarthy is the speaker. he seemed skeptical. he said that president trump has been in office before. he just came out, he spent his last sport four years in office. >> they are trying to deal with president trump. i talked to james comer about this. -- >> it was as well to the biden white house. he said how ironic that he finds himself in this position. we also heard from jim jordan. he is chair of the committee, we will see whether this is an

area of investigation. democrats as you would imagine a more muted. jim times, adam shift these classified documents will be kept in a secure space. . when he left office, as vice president was heard from jamie. it took immediate improper action to notify the archives he was more defensive of the president what did these republicans say about donald trump and the mar-a-lago documents when this whole issue emerged. >> said don't look at all these classified documents that may have been scrawled whale mar-a-lago. don't worry about that that is really what a number of things are focusing on as we go into

this new congress. as you have an opportunity now you have an opportunity to investigate this. >> what about the timing of this? if biden's lawyers discovered them on november 2nd. that was before the midterm election. mariano hearing about this now. >> that's a question we certainly have. we don't know why this took so long to come out. we certainly know that the national archives, but they did after reviewing the situation was decide to make a referral to the justice department for them to do something similar to how they handle the mar-a-lago situation. the question now, is what happens next? after this, review after the investigation they asked for more information? they have to do interviews to see who handled these documents? remember they've been sitting

in a closet in the office for our guest six years, right? that's a long time for documents to be sitting there in a place it is not secure. that is been part of the issue for the investigation for the former president. it's the handling of classified information. it's a big issue. that's what president biden has made a point to -- >> and perez sara murray thanks to both of you for the reporting on this. i want to bring in john dean and david gergen. cnn senior political analyst. this isn't a certain extent in the hands of u.s. attorney and chicago. you're dealing with this from a legal standpoint? >> obviously all of the facts on the think tank that biden was associated with. it all has to be developed. it's done informally.

i don't think it'll go to a grand jury. i think the fbi will investigate it. as all the people the right question. if it's serious, if it's not a civil wrong -- it is the former vice president current president, it'll be a grand jury. otherwise, it's the attorney general because of the politics of it all. he'll have to decide whether to release it or not. >> what matters is how the document ended up there and who knew they were up there? >> well, you know it's very unusual for this level of classification to be outside of a skiff or proper filing system. i don't know if this thing tank has that? if it was a mistake, a delivery by some staffer who left them there. the vice president has no exposure at all.

he claims he doesn't even know what the documents are today. so, i think what will happen here because the republicans are so good i making mountains out of molehills, they will make a mountain out of this. it's not gonna go away. it's not gonna change his situation at all. >> david gergen, to you here. in terms of how the current white house has handled us they told the national archive as soon as they were there. what is your assessment here? >> well, they didn't go public with it. it's all going to be tried first. as the investigation goes on and we get more facts, clearly they should have disclosed this when they first found out. they did the right thing by

turning over the justice department. they would save themselves a lot of grief politically had they served it up to the public they had some momentum, and i think in the long term the democrats will come out. it'll be polarizing issue. have a group of arguments. they will just go on to fuller polarize it. i don't see them furthering this at all. >> you worked in many different white houses here, how easy is it to walk with classified documents? this is a shoe them have been classified documents, and there is a shoe where you get into the trump world. you are asked to get them back and not turning them over. the act of having, them how unusual or how much does that

raise them selves. >> the fact that they existed in the closet, and they packed them and they moved there. >> i think it's unbelievable that the staff has been sitting in a closet for years. it's, how many were there others? why the world was the vice president keeping classified documents anyways. this is a sad those probably unprotected. i think there's a lot that is gonna get scolded for in the weeks ahead. but i think john dean is right. he made a lot of mountains animal hills. >> the attorney general of united states, you just told me don't think it changes donald trump's legal situation. but does trump and his team now

have a defense in his court, he has to decide beyond a reasonable doubt that donald trump is guilty. does he have a defense that a, other guys took documents to? >> i don't think, so it will hold up. what trump's problem is. had they returned the documents. it's because he -- he -- misrepresented but was there. that's why he's in trouble. it's not because he had it for sinister reason. he probably could've got it away. but his refusal to return them as what they should be came. that is what the attorney general has to look at. this is what he decides as

prosecutable. >> that's where the possession in and of itself is enough to necessarily be nefarious. it gets to the legal question, john i have to think the attorney general will support a prosecution based on obstruction alone? not necessarily the possession. >> well, it's a question of intent. what was the intent with which they obtain the documents? >> and it happens a much more than we know that these officials and up with classified documents the files. we know former cia director had. them we know former military people get them. generally no issues made of. it but it's because of the way trump behaved woods it moved to explore that he had those documents. that raised camilla shoes with him. so, these are very different criminal cases versus civil.

no evidence that mr. biden has done anything about criminal. he made an abuse of the norms for handling classified documents. i took it as a former vice president as a thing. take i didn't howie got in there though. >> i thought you're going to second here. but joe biden the president didn't answer questions about this tonight. how and you think you can go on? do you think you just as this tomorrow? >> yesterday so tomorrow. he closed it right there. at this point, if you're the prosecuting attorney in your thinking about donald trump, you have a lot of staying but the documents being in the wrong hands. that sting is going to evaporate. making those arguments now about how serious this is from a democratic point of view. it's hard to argue. >> thanks to both of you.

so, last week everybody was watching. it was a nightmare for the house of representatives. so, what's the impact now for the republicans? what will they do with? it what is a mean for president biden by all accounts is firming up support, gearing up for a run for election. dule with safelite, because you can track us and see exactly when we'll be there. >> woman: i have a few more minutes. let's's go! >> tech vo: that's service that fits your schedule. go to safelite.com. >> singers: ♪ safelite repair, safefelite replace. ♪ i'm a vegas hotel. i know what you're thinking - it's cool, i don't want anything too serious either. just a fun, spontaous thing. i'm looking for someone who ll let loose. dress up a little. see a show. order the steak and the lobster. some people say i'm excessive, but who cares. i'm just looking for a saturday to remember,

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house, republican kevin mccarthy is the speaker. they move past that, although not without some scars. and other republicans are running things in the house they are no doubt going to face this issue that is percolating over the last few hours with these documents that were found at an office that joe biden used. it was marked classified. here with me, alyssa farah griffin, political analyst and senior political analyst john avlon. want to go over what we were just talking about these documents. they were found in joe biden from office here, john. one of the most important issues that you. see the real issue that you see here? >> the real issue on the political side is that they'll be able to play the what about it game. they will say, see joe biden did it. to any charges against him will be purely political. >> we often let them play the ref and legal decisions.

we will have that perspective. he did a great job putting this into perspective. there's a someone doesn't documents, and events between hansen immediately over and obstructing requests for the documents over a long period of time. as a personal benefit to joe biden and his family was a totally innocuous. those facts matter. i think it does a disservice to follow the facts. >> elicit is interesting. republicans will ask to this. there is nothing controversial. there is an oversight to ask for more information about something like this. if anyone does do this, but they say what joe biden did is wrong and have to say that they tied themselves into some reverse they mishandle

classification it was donald trump in this case and the president, this is the problem that i think republicans are going to encounter and trying to litigate this in the court of public opinion. many were sounded donald trump mishandling classified information. however, their counter point it is going to descend into the political corners of the side -- i deal with david gergen. i'm not a lawyer, i'm a political adviser how comfortable are they tonight. they are ignoring the politics, it's hard earned harder to your

point. they are looking to make that equivalent between trump's action and biden's action. it is a false equivalence. we should not make those two things the same. but the politics of it allows the republican party to be able to say, maybe it's not just as bad as what donald trump did. that to muddy the waters down the classified documents. they will play that card. they need known courtroom to play that card before today. that is been supercharged. >> i did questions on why this is discovered, who knew what and when. he announced the appointment of the special counsel after i think he knew about these documents. >> that's not an interesting. >> i think burial questions around this. when does that knowledge happen? why did they announce it before. we are gonna get real answers to. this i think to your point it does make sense to have kind of

investigative question. the politics is where this is gonna live in die for republican president has an extensive to resolve it. >> the only thing i would add is that president biden he will not come forward and answer questions as he possibly can. it may very well be. >> you think of the audios we've heard, it's condemning all trump for how it's irresponsible to have these documents. i suspected he probably didn't know. they cannot take a step back, why did so many of our senior mosquitoes not know how to handle classified information. it vows at the department of defense and took this document out, i would've been prosecuted in turning to prison. >> there is a difference i think of expectations are understanding who is the most senior in the rank and file here. i don't attack about what's happening in the house of representatives. here george santos, the member of congress from the state of new york here. he set up a lot of things aren't sure about himself. he is not sitting member of the representatives.

that part of. share everything you said is true. kevin mccarthy is now the speaker of the house. he has been asked, what are you gonna do about this guy who lied about himself. he is now in your caucus. kevin mccarthy had refused to comment on it until now. but now he told cnn tonight, just a short time ago. you know high handle internal. stuff i handle it internally. i'm sure at times i'll come tell you. so, this guy who ran on a bunch of lies and is now being investigated. that is an internal issue? and kevin mccarthy's reality of distortion, yes. you can understand someone saying, look this is an issue is one of my members. i'm gonna handled behind closed doors. but there's investigations occurring that are quite public. this guy lied about everything. this is not going away. even if the speaker might like to contain it behind closed doors. >> it's also, the leader of my party kevin mccarthy also decided to hash out a public debate throughout 15 speaker

votes. instead of working it out behind closed doors. so, a bit of inconsistency there. i'm curious to see if you see someone committees. where do you put somebody who is under an scc investigation. >> this is the speaker of the house, we do not have a political capital shown to show that he is -- >> he speaker of the house. anderson from who has the power in that caucus, that is been made clear of the last couple of days. i don't think it'll behave the same way in the caucus. he is in uncharted water. and the case of george santos, who was in the george santos caucus who is rooting for the sky? i would any republican -- >> i know it's very thin margins but maybe you can spare the one vote did not have the guy lie. >> the answer is, if he wasn't a district public he'd be gone.

>> but that is not the case. so, they're gonna try to live with it as long as they can. >> it was a surprise vector that he won that district. i'm the democratic -- they should've had a better campaign, they should've done more vetting. they can't afford. it kevin mccarthy is such a slim majority. he will hold on to the sky until it has something. >> part of the problem, was it was considered a safety. they're blaming him. >> newsday, they're on the island. but the real problem, is it was considered a safety. there wasn't an adequate attention. you get a candlelight but everything. >> there was a brief moment at the house floor where his name was called repeatedly. people sort of joking that maybe his name isn't even george santos. so, we don't know what will happen with this guy. >> so, they are renting the seat at the cost of a lot of lives there. thank you all for being here tonight. i appreciate it. so, a political riot in brazil has a lot of people saying, you

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a historic scene in brazil over

the weekend. it is both frightening and familiar as supporters of brazil's former president, bolsonaro, storm the country seats of power. you look at this in your mediately think of what happened in this country two years and two day before. putting that junior -- side by side here. the brazilian riders or insurrectionists appear as if they are trying to overturn the election luiz inacio lula da silva, who was sworn in last week. take a look at some of the video. really, there are similarities. [crowd chanting] >> again, -- u.s. on the left, brazil on the right. you are seeing there, and the heart of two democracies --

again, you are looking at these two pictures here and you can see they are very similar. for the record, bolsonaro did not stick around for the and occupation of his successor. he left for the u.s. two days before. donald trump was the first outgoing president since the 19th century not to go to the inauguration of the next president. this is how the two leaders, bolsonaro and trump, discussed their election results. >> in a terse, two minute statement, he said he would respect the constitution. but he neither admitted defeat, nor recognize the results of the election. >> frankly, we did when this election. >> now, bolsonaro happens to be in florida right now. in florida, bolsonaro is where donald trump has been since he lost his election. bolsonaro did condemn the riots in his country. we should say that. brazil justice minister says there have already been some 1500 arrests since the rioting in the u.s., more than 950

people have been charged in the attack on the u.s. capitol. so, you are looking at, of course, the chaos and brazil. and may be happening around the world -- also here in the u.s., what do we know about how republicans will now handle their power in the house of representatives and of course, the questions over the new reports tonight about classified documents being found in an office used by joe biden after he was vice president. my next guest, we will ask him about all of it. former defense secretary william cohen is here. that is next. hat way with aveeno® daily moisture. formulated with nourishing, prprebiotic oat. it's clinicalllly proven to moisturize dry skin for r 24 hours. aveeno®

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we are back following a number of big stories. violence is being compared to what we saw here on january 6th. brazil, it's happening there. it is reeling after hundreds of supporters of the former president there storm the seat

of government after he refused to concede his election loss. that is going on. here in the united states, the republicans, they have the gavel in the house of representatives. they have a speaker. what will they do with this power? and tonight, we are learning that classified documents from joe biden's time as vice president were discovered in a private office that he used after the obama administration. with me now is former defense secretary william cohen. mister secretary, thank you so much for being with us. i want to start with what we are seeing or sign brazil over the weekend. my colleague asked the question, is election denialism now a she u.s. export? what do you think about that? >> i think it has been exploited. i think bolsonaro was looking at president trump as an example to follow. it may be that he sees him as an alter ego. the fact is that what he and trump both have done is to undercut the legitimacy of our

institutions. and especially the right to vote. i think when you delegitimized the vote, saying unless i win, it is fraudulent, then what you are doing is undercutting the very promise and the basics of having a democracy. yeah. i think president trump, he is not the originator of this tactic. it's a tactic of totalitarians, authoritarian's, those who are seeking to destroy institutions and come in on a whitehorse and say i am here to rescue you. >> does it undercut u.s. diplomacy worldwide when the u.s. pushes the virtues of democracy? >> i think it does. i think anytime you see action being taken by the united states that in any way undermines the rule of law, and i believe we have seen that take place on the part of the republicans for the past two years, at least, denying the election was legitimate. not withstanding all the court cases, that will reaffirm the legitimacy of the elections. they still say they can't

support it. i think that we are sending that signal to other countries. this is how you do it if you want to overthrow the democratic constitution. >> one of the 26 super impressive job of held in your life is as a member of the u.s. house of representatives. a republican member from maine. how would you like to be serving in the republican caucus right now? what are you expecting from then over the next two years? >> i would not like to be serving, nor they like to have me serving. because i have always believed that we need to agree on the facts. and i think that many on the hill right now are living in an alternate universe, meaning alternative facts. i think when you deny factual information and you are, i think is timothy snyder, the professor from yale, who said, a post-truth era is a precursor to pre-fascism. so, post-truth, pre-fascism. i think that is what we are looking at if we don't restore respect for the rule of law and

i don't know that the republicans have that in mind. i think there are more inclined to see if they can denigrate president biden, his son, and do everything they can to prepare for 2024. >> i do want to ask you about the news report by cbsn cnn about documents found in joe biden's private office, and office he used after he was vice president. -- documents marked classified there. what questions do you have? what do you think are legitimate questions about the presence of those documents? >> honestly, intent is the most legitimate. in terms of whether president biden knew he had the documents and whether he in any way withheld them once he knew about them. but the politics are going to override any attempt to be reasonable about this. i think it was harold mcmullin during a time when there is a scandal in great britain, he said, words to the effect of, it may be a tempest in a teacup, but in politics, we sail in paper boats. i think that is where we are

right now in terms of how the paper votes that we are in, i think the water will overwhelm it. however series it turns out to be in terms of what joe biden had in mind or did not have in mind. i think the politics will outweigh the facts. >> mister secretary william cohen, always a pleasure. thank you so much. >> great to be with, you john. thank you. >> one week into hours since damar hamlin collapsed on the field during monday night football, it has been that long, but we have a wonderful update for you. we will tell you how he is doing now. next. 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 powerer our economy. from the plainins to the coast, we help americans invest for their future. and help communities thrive.

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just one week after collapsing on the field with cardiac arrest during a game against the cincinnati bengals. doctors say's recovery continues to beat expectations. damar hamlin tweeted out his appreciation for those rallying around him. writing, in part, the same love that you have shown me is the same love that i plan to put back into the world and more. he tweeted a photo of himself yesterday from his hospital bed, rooting on his teammates and their big win over the new england patriots. doctors say hamlin maybe got a little bit too excited watching the game. >> you watched the game yesterday when the opening kickoff was run back. he jumped up and. down got out of his chair. said i think every alarm off in the icu in the process. but he was fine. it was just an appropriate reaction to a very exciting play. >> i was wearing at the tv, also an appropriate reaction. with me now, former nfl player --

i just need to say, first of all, it was one week ago that you and i were talking, before we had any idea that damar him lynn was on the road to recovery here. i just want you to reflect on the difference and emotions between this moment and one week ago. >> yeah, it has a lot to do with the grace of god. when you look at what we witnessed one -- monday night, seven days ago, and to see how he has been able to cheer on his team, i think the only reason the guys were able to actually go and play that game was because he was -- [inaudible] your teammate is -- it is hard to do. i think that is why the unofficial, the coaches, the players decided not to continue that came monday. but you felt his spirit going

on in that buffalo game when both of those kickoff returns, especially the first one -- i mean, i try to be tough and i am an offensive lineman. but i cried. i really shed a tear when i saw that sunday, the opening kickoff. it really touched me. >> look, i wanted nothing more than the bills to lose that game. but even i was shaking my head in appreciation when they ran back. the first i thought -- i do need to ask. i can't remember a time when it is felt like -- we see so much controversy in sports over the last few years. so many people have come together. there really has been this joining of spirit the last week. capped off, by the way, by that supernatural kickoff return against the patriots. >> yeah, i think we all felt it. here is the beauty.

i have such a love hate relationship with a social media, as most of us to. what happened on monday was -- we could discussed what we were seeing and our hearts went out to a 24-year-old kid who had not experienced life and that seemed so unfair. we knew football was over that night. all said and done. that was the right decision. the progress that he has been able to make within the league has been our progress. he belonged to us collectively. we all wanted to watch our friend, now our friend, damar, do well because he reminded us of someone we cared about our simply because we wanted to see something better. and for doctors to talk about his experience and how he feels at this moment, and how he set off all the alarms, and for you to say you are the biggest patriots fan, and you are still running for this young man, because he won at the game of life, asked the doctors have said. and you can't help but to wish him well. what i saw, and to me the most, i thought, significant issue

there, john, was that his charity. he only wanted $25 for the toy drive. it is upwards of 6 million, maybe seven at the moment. the bulk of the proceeds came from people who were donating $30 and $40. and in this economy, in this world that we live, and we forget that $30 is a lot of money for someone. and if everyone was doing that in small increments -- he had the entire -- four lack -- he had the world watching. we just wanted to say, we are rooting for you and we want you to do well. for me, that spoke volumes about where we are as a group of people in our community. >> i love that. i got chills list do you explain what we have all been feeling for the past week. that really does sum it up. people are now asking the questions, an obvious one, well, what happens next for him? will he play again? it's not even an important question to be asking right now? >> no.

that is not an important question and we don't know that. that should not be the focus. the focus should be on his health. the focus should be with being on his family. getting us healthy as he can. and what happened to all of us, the whole country who watched, and other countries who saw this -- [inaudible] we get so divisive, especially in the political cycle, where the far-right, far-left, republican, democrat -- what we witnessed, especially with the giving to his foundation, is humanity. this is what it is supposed to be about. nothing like sports brings people together from all walks of life, genders, ethnicity's. and that is the biggest thing that i took away from everything that has transpired this week. humanity will win out over

politics, over gender, over religion, over anything. i am happy to see that part of this country, especially, show that side of humanity. that made this a great country. >> i hope damar hamlin get whatever he wants. but i hope he appreciates that he has already won at the game of life. our thanks to both of you for coming on. great to see you both. >> classified documents from joe biden's time as vice president. found in his private offices. now the justice department is investigating. we have much more information on this. stay with us. don't settle for silver. harness the power of 7 moisturizers & 3 vitamins to smooth, heal, and moisturize your dry skin. gold bond. champion your skin. we all have heroes in our lives. someone who cares about other people and gives of themselves. to help others, who can't always help themselves.

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our top story tonight, classified documents from joe biden's time as vice president, found at one of his private officers in washington, d.c., that you used after he was vice president and before he became president of the united states. a source tells cnn that fewer than a dozen documents were found by biden's own attorneys, a couple of months ago. they turn them over to the national archives, which referred the matter to the justice department and now merrick garland is asking a trump appointed u.s. attorney to investigate. that was the broad outline of the story. i want to bring in cnn senior white house correspondent, mj lee. she is traveling with the president in mexico city. and evan perez -- evan, let's get more details on this story. what you are hearing from your sources tonight. >> john, what we know is that