seriously. would make everyone scratch their heads to say some sort of failure to recognize what george santos has done. >> should congressman santos be given any committee assignments? >> will be interesting to see where the dialogue goes. first and foremost hard to understand why there wouldn't be ethic investigation into how he was elected. scrutiny my colleague margeory greene, i think our party should decide who has committee assignments. >> congressman of ohio, thank you for watching. >> breaking news, present biden breaking silence about the 10

classified documents about ukraine, iran and united kingdom. how did the documents end up in that audience and why? a russian soldier talking about the ukraine. what did the el paso mayor show present biden? mayor is my guest. show his pictures first here out front. let's go out front. good evening, i am erin burnett. president speaking out here he is moments ago at a summit with other world leaders in mexico. >> people know i take classified documents and classified information seriously. when my lawyers were clearing out my office at university of

pennsylvania set up a secure office. i was a professor at penn. they found documents in a box you know, locked cabinet. at least a closet. as soon as they did, they realized several classified documents in that box. they did what they should have done, immediately called archives, turned them over to the archives and i was briefed about this discovery and surprised to learn there were any government records taken there to that office. but i don't know what is in the documents. my lawyers have not suggested i ask what documents they were. i have turned over the boxes. they have turned over the boxes to the archived. cooperating fully with the review which i open will be finished soon and more detail at that time. >> obviously emphasis on fully

cooperating. there are questions though that remain: including why were those at his former office? who had access? why didn't the white house disclose this information back in november? happens to have been six days before mid-term elections. here is what we do know about them. according to a source, 10 classified documents u.s. intelligence memos found at biden's former office in washington, dates between 2013-2016 all of which were when biden was vice president. found in three or four boxes contained on classified paper. new gop chairman of the house intelligence committee. mike -- already republicans are

expressing outrage. >> mayor garland and department of justice have to be accountable if they don't treat present biden the same as former president trump. >> what more are you learning about the specific documents? >> erin initial process that the justice department was undergoing review conducted by the u.s. attorney in chicago john lawnge. senior leaders have been briefed on the basic findings they have. now decision rests with the attorney general and what to do next. among those options, of course you heard calls from republicans they want to see exactly what happened with donald trump happened here. one could be for the attorney general to bring in a special

counsel to do a full blown investigation. you can bet if that doesn't happen, you are going to hear a lot more from republicans. that is one of the things justin department and attorney general is going to have to weigh as they make a decision. this is a much more limited incident. talking about 10 documents. far contrast to what we saw with the trump administration. justice department called obstruction and months to refuse to turn over documents. there are differences between the two cases. that said you know what is going to have with the politics in the city. that is the reason why the attorney general is still weighing what to do. >> evan, thank you. national archives asked donald

trump asked again, again, all handed over look yourself, so sorry. trump situation wouldn't be a story. it is very different. joining me now, strategic communications. this is the first time we have heard about this. what do you think, was it satisfied? >> it was carefully written. he said first of all, i was surprised to find out. that speaks to presumably intent. he didn't know, this is no cover up. some kind of accident. they cooperated immediately. that is an important distinction. but a lot of unanswered questions one why didn't they come forward first. administration need to embrace

this radical transparency to depoliticize it as much as possible. we need to find out what the contents were. absolutely appropriate to follow the same principles regardless of politics. imperative we do not let politics muddy the watt every -- waters. above board and impartial. >> that's right. what john is referencing, these documents discovered in november week before the mid-term elections. they call today national archives. they didn't disclose it. that does raise questions about the political timing. let's call it like it is. >> this is a gift to the trump camp. this basically makes our case for us. he was standing by politics not becoming transparent and coming right out. speaks to the case prior presidents mishandled classified

information, in this case vice president. worst possible outcome, we lower pen penalty. should be depoliticized. there is a lot of unknowns. we need to see where this goes. two cases apples and oranges. each side is going to hear what they want to. >> to say just because this may have been accidental and cooperated nothing let's move along wouldn't be right either. >> mayor, hold over did so to be completely impartial. where do you think we are in that? >> all i can say when i first saw the news, democrats had a great week with the debacle with kevin mccarthy. when i saw that news, oh, uncle joe not with the papers.

listen. i was in office over 20 years when it was time for me to go, i didn't pack up my documents. it is understandable. he was surprised he didn't know. merit garland doing the best to present impartial assessment of what happened. i can say what we have seen is totally different than what we saw from trump. no hiding in the dark in mar-a-lago, look what we found, not just these 10, take everything and let us know if we miss anything. that is what we want to see from elected officials. that is what responsibility looks like. >> looking at it from the law, having classified documents is a problem. intent matters. when you look at here z when we talk about, right, they found them. they called national archives. lack of disclosure to the public. 300 documents of trump's classified, 60 top secret.

biden has 10 in all. he called right away. situations are different. what does that mean? >> what you said, intent is key. trump willfully obtained the information, tried to conceal it from the government. >> he directed employee after there had been a search to move boxes. >> directed another lawyer to lie or make a false statement no more documents in his possession when there were. that is about intent. did he have knowledge about the documents? did he intend to conceal them? that is the problem. for biden if it turns out to be true he was surprised and no knowledge it is kind of case closed. >> from a legal perspective fair to do nothing. no penalty? >> that's right.

>> i don't compare biden to trump situation. it is what the biden situation when the doj does prosecute. they wouldn't prosecute with intent. for trump they would prosecute it is egregious in packing and concealing the boxes. that is the true comparison doj will go through. >> again, john you hit the politics. we would like to say they don't matter. they do matter. to that point, how important is it when they did find out, this is an accident. why should we disclose this and muddy the waters. they would be right. yesterday they didn't say anything when they knew. >> we are now two months after. what have they been doing previous two months? what are the content?

do they reflect on interest biden in any way. that is what makes it incredibly important to be radically transparent. if in deed this is ail a complete accident and then special counsel would come to that conclusion. i think it is key to creating credibility around it. >> what should happen from here, mayor? >> to your point about radically transparency. it is hard to be transparent when you are across the table from radicals. we should hear what the, the person assigned to look at this has to say about it. this is a trump hold over. i don't think he is doing biden any favors. should there be criminal

prosecution, should there be something so we are careful with documents moving forward, he needs to make that equipment to us. >> to be clear fact pattern is not good for pattern. at the end of the day we know something ts, top secret poses grave risk to national security. the fact that we are in this moment hilary clinton mishandling, donald trump and joe biden. we need to get our leaders in order so they are not putting classified information at risk through willy nilly. >> what does merit garland do? biden didn't know, he was surprised. trump was none of the above. does this tie merit garland indicting donald trump because of political overtones?

>> if the public is aware rampant legality around january 6th. they have a political problem in the sense the public perception. if they follow what i think garland will do and promised apply like cases alike. i think the outcome is fairly clear trump will face serious consequences. >> thank you all very much. appreciate it. next kevin mccarthy is kicking -- why plus new intercepted audio into out front. russian soldier learning about the real russian death toll and bloodiest battle first out front. breaking news death toll rising in california.

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mccarthy said adam schiff, swallow and omar would pay the price. video depicting him killing aoc. mccarthy has unilateral authority to block intel committee appointments. full house would have to block omar's assignment. hopes to keep his assignment. congressman, let me star where you are now. do you think mccarthy will be success stripping all three democratic colleagues of all assignments? >> certainly has capabilities to do it on the intel committee. we'll see what the full house does. intel committee very different you can argue as important a

committee we have. oversight over intelligence community that keeps us safe. throwing people off that have the most institutional memory about those national security matters because he doesn't like him. they don't like adam schiff not because he stood up to donald trump because he was so good at it. frankly i had a ring-side seat. that don't have anybody that can compete with leadership and messaging. >> mccarthy has been promising retribution ever since democrats stripped greene from their committees. here is what he told bright bar news. >> democrats picking and choosing who they can be on committee. never in the history have you had majority tell minority who can be on committee. new standards which these democrats voted for. >> were you at all surprised when he did it pertaining adam

schiff chairman of that committee, the face of it? >> i guess i am not surprised. i don't know what promises he made to get his gavel. it is unfortunate. these are false equivalences. e eric swallow. nothing there false equivalence. in the end they will go on without their own. >> you are hoping to remain on that committee. are you confident you will continue to serve? >> this is a select committee.

i serve there to the maximum unless there is a waiver. i guess the final waiver has to be signed by the speaker of the house. i guess i leave it up to him. fact that i have done my job well. if he doesn't like me he won't do that. this isn't doing it for the right reasons. >> i want to ask you before we go, obvious ly about the classified documents found in one of present biden's offices from his time of vp. mike turner has requested from dni damage assessment of the documents found. he said potential violation of laws. do you leave open possibility present biden broke the law? >> all these cases matter. no one is above the law. investigation warranted. u.s. attorney from my hometown

selected to do the initial analysis. let that investigation take place. we are doing what the republicans didn't. if there is something wrong needs to be investigated. extraordinary difference in magnitude and scope and clearly the level of cooperation. prosecutors traditionally have handled. intent matters, disloyalty to the united states. almost all of them apply to former president trump. none of them seem to apply to present biden. let's let the investigation take its course. >> thank you very much, congressman, appreciate your time. >> any time. >> next bloodiest battle of the war in ukraine. russia reporting fewer than 100 deaths from the strike. a new phone call shows a

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now cell phone users have priority over us. and your marriage survived that? you can almost feel the drag when people walk by with their phones. oh i can't hear you... you're froze-- ladies, please! you put it on airplane mode when you pass our house. i was trying to work. we're workin' it too. yeah! work it girl! woo! i want to hear you say it out loud. well, i could switch us to xfinity. those smiles. that's why i do what i do. that and the paycheck. >> tonight in solidar no one counts the dead. that is what one ukrainian soldier told cnn about the ferocious fighting. ukraine's military russia

focussing all its attention to break through ukraine's defenses. newly obtained showing they claim this is a woman talking to a russian soldier. much higher death toll than the 89 dead confirmed by russian military following massive ukrainian strike. listen to this. these numbers are important. >> so basically, he personally dragged bodies out of -- he says there are 610 dead and transported truckloads. >> i told you, you said 63. >> why then are the authorities remaining silent. >> they don't want to cause a riot. >> scott maclaine "out front" in

kiev. >> smoke bills lows over the salt minds. some of the fiercest fighting in this 11-month war. video filmed by one sold yore shows house to house style fighting troops are locked into. the tank is working. did you hear? ukrainian fighter says. the streets of soledar littered with debris as they battle for control of this strategic town. dominated by the private military group. even praise ting the bravery ofe forces. his men were exclusively working to capture town in the mines

underneath soledar. towns are almost entirely demolished. soledar small in size stra tet teejly -- strategically important. >> battle continues. although the occupiers now concentrated greatest efforts on soledar, the result will be the liberation of our entire dombos. >> ukrainian's president acknowledging extremely difficult situation in soledar. devastating strike on new year's day. moscow says 89 serviceman. ukraine says hundreds. russia said it will not publish

their names. as the fighting in soledar wages on, all eyes on when and if it may fall. >> cnn spoke to a soldier in soledar, no one knows where the frontlines are such a big gray area. ukraine has lost a lot of troops. being replaced so quickly can't learn their call signs and still he figures ukrainians will be forced to withdrawal to move out of soledar. he wont wonders why retreat hasn't come to save lives. >> thanks, so much. i want to talk about a couple of points scott made. that ukrainian soldier fighting in soledar. not a single person can say how dead they are. they inanticipate ukraine may he

to back up. >> russians want it badly. it is not a strategic location. it is a meat grinder and throwing all kinds of troops. foreign affairs broke the story turkey is providing cluster munitions. >> in september talking about advantages of cluster emissions and help ukraine. they have been providing them since november. when you see the attacks in soledar, russian troops. beginning used armor followed by infantry. now the infantry coming at ukrainians instead of high explosive.

increase in dead count going up to 600-800 plus wounded. it is a meat grinder. they don't care about their dead. >> even if they get soledar, it is not a change in the war. they'll make it to the people as if they took kiev. if they take soldar it is not going to make a difference but lose tens of thousands of soldiers. good riddance to them. >> you see this going on in eastern ukraine. they are telling cnn russian artillery fire is down dramatically. 75% decrease in some areas. they said there is no clear explanation as to why. what do you think that is about? >> clearly, the high mobility rocket system.

we are striking deep, 90 kilometers into their lines hitting every supply depot. can't put supply close to front lines. to fire 25,000 artillery shells hundreds and hundreds of trucks a day. you are seeing supply chain decimated. information to running out of most of material. >> combination, can't get it from point a.-b. >> correct. >> they don't have enough. >> correct. going into 40-year old artillery. they are having to beg, borrow and steal from iran getting 152 millimeter. they are going to run out. running out. turkey providing this artillery shell is a great thing. all nato countries should follow suit. u.s. should follow the lead. >> u.s. being the leader and not

done so. biden administration has been formally requested. dan, thank you so much. first "out front" what present biden saw this week in el paso. mayor met with him photos he has taken himself. breaking news death toll in california rising this hour. storms continuing to pound the state. flooding, mud slides, tens of thousands now told to flee their homes. and effortlessly responds to both of you. our smart sleepers get 28 minutes more restfull sleep per night. proven quality sleep. only f from sleep number.

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>> breaking news present biden just wrapping press conference in mexico city. he faced questions about surge of migrants coming into the united states. president touting new measures to make legal means of entering the u.s. more accessible. here is how he put it. >> this has been the greatest migration in human history. we are trying to make it easier for people to get here. opening up capacity to get here. not have them go through the god awful process. >> "outfront" photos shown to biden. these images scanned straight from binder mayor of el paso oscar leeser put together. he wanted to see the border

crisis through his eyes. mayor, appreciate your time very much. i know you had a chance to meet with present biden prooiivately. you went through this binder. migrants covered in blankets lining up for supplies. this is what you have lived. what led you to take these photos and put this book together, mayor? >> i go out midnight, 1:00 a.m., 4:00 a.m., airport, different areas, i wanted to take pictures document. not ever thinking i would be showing it to the president. thankful he came to el paso. i wanted him to see what i saw through my eyes day in and day out. you saw people in the streets and at the airport. crisis we have been dealing

with. he looked at the book. we went through every page. he looked at him and saw we are in a crisis. we talked about the broken immigration system. how it needs to be fixed. this is a perfect example what is going on day in and day out. we have been been able to continue work and offer shelter to these people and continue to help them move through the city. back i'll give you example, december 15th, over 2500 people that were seeking asylum and turning themselves into border patrol, today 570. numbers have gone way down since the administration came up with a new process. we have seen it slow down. we have a lot less people on the street. i wanted him to see what we have been living through day in and day out. >> you also, i'll show you pick clurs from the airport.

you mentioned you took pictures of migrants sleeping with red cross. what did present biden say when you showed him those images? >> one thing that is important. he knew what was going on. he has been here in the border area over 20 times. he knew what was going on. this is what i saw. we were able to again help these people move through. now at the airport less than 50. at one point we had over 600 people sleeping. it could change any kay. we have to be adaptive day in and day out. this a lot of these pictures, two, three weeks ago. airport was prior to the holiday season. prior to the thanksgiving holidays.

flights you know, we saw what happened with the airlines. flights cancelled. this is what we had to deal with. >> these are pictures literally your office your pictures as you showed the president. you showed him president of the lines of migrants. people waiting outside the border. he did visit the border. he is facing criticism for not seeing migrants himself. your binder is as close as he got to see thing true seeing the true chaos. do you wish the president would have been able to see it for himself? >> president talked about to ngo's talked to the people providing sherlt shelter, border patrol, customs and the people

out there day in and day out. very important to see what they needed, what type of services providing. he talked about to el paso feeding the hungry. provided 18,000 meals to asylum seekers. he talked about to them how he could provide service. federal government provided a lot of funding for el paso to provide these services. he did spend a lot of time. he talked to the people that providing the service for the asylum seekers. >> mayor i appreciate your time. thank you for sharing the photos with us. important for everyone to see them. thank you for sharing. >> thank you, happy new year. next breaking news out of california. death toll rising, heavy rains creating total chaos. mud slides toppling trees. debris crushing people's homes.

>> an 800 pound rock smashed the house, hit the wall and blew everything out. >> satellite images, crowded crematories in china. biggest outbreak on the planet. government says death toll is only 37. we'll take you there live. so i consolidateted it into a lowow-rate personal loan from sofi. get a personal loan with no fees, low fixed rates, and borrow up to $100k. sofi. get your money right.

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♪liberty♪ >> tonight at least 17 now dead across california. heavy rains and wind striking the state. nearly the entire state under flood watches. weather said most impressive storm in 20 years. cars in los angeles county falling into a massive sink hold. two drivers dead after this tree collapsed. highways washed over by mud. springs california, looking at where you are standing, all i can say wow, what are you seeing? >> this is a roadway. it is covered in mud. this was a hillside above. it came all the way down. i talk to people that have lived here since the 70s they have

never seen anything like this in the community all because of the historic rain. >> during recent historic droughts, california prayed for rain. but not like this. two days of torrential rain, thunderstorms and wind gusts pounding california causing mud slides, overflowing rivers and triggering extensive flooding. >> we have trees down. mud slides. we have folks trapped where we had major failures. >> at least 17 dies as a result of the storms after 18 inches of rain fell in southern california. high wind in san francisco a rare hailstorm. and throughout northern california -- >> the rain hammered here pretty bad. >> the russian river has flooded following torrential downpours. some residents have been without power for a week. in santa barbara county mass

evacuations after back-to-back storms saturated the ground. >> it was pouring, the wind was whipping. >> reporter: following years of extreme drought and fires. >> the mountain side here the debris just started coming down and filled up to 4 feet or so, and pretty much buried the truck, and now it's starting to flow towards the house. >> reporter: more than 30 million people are now under flood alerts. across southern california flash flooding trapped drivers. firefighters here rescued a motorist stranded in rushing waters. and mud and rock slides created havoc for residents. >> 800 pound rock just smashed the house. it hit the wall and blew everything up. >> reporter: in northern california the rain flooded roads and vineyards, but almost double the snow pack in mountains offering hope these storms may somehow ease california's historic drought.

>> we're riding through it. yeah, it could be a lot worse. >> drought is hard to think about especially with rain forecast to the end of this week. and erin, you can see how really soft that earth is. the concern for the people who live below it is what happens then. >> unbelievable images. thank you very much live from cuseta springs. and next the covid outbreak in china, the world's biggest in just one province 87 million people tested positive. overflowing crematoriums and funeral homes. but the government says only 37 people have died since the surge began. we're live in beijing. oo hoo!] ensure max protein, with 30 grams ofof protein, one gram of sugar and nutrients for r immune health.

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tonight evidence of the horrible toll of the world's biggest covid outbreak. these satellite images of crowded crematoriums and funeral homes revealing what's happening in china. in just one province 89% of its residents are apparently infected with covid-19. that's more than 87 million people. but tonight xi jinping's government officially says only 37 people have died from covid.

as the country reopens its borders to the world for the first time in three years. selina wang is once again out front. >> reporter: anticipation is in the air. flowers in hand they anxiously wait. this is the most exciting time in three years at china's airports as the country reopens its borders. and the moment finally arrives. these are especially meaningful reunions. for the first time since the start of the pandemic travelers from abroad can meet their families right after getting off the plane instead of getting sent to a quarantine facility. a mother and her son waiting for her husband, his father at the airport. they haven't seen each other in almost a year. >> translator: yes, i'm really excited. it's been too long. >> he's a little shy but he says he misses his dad and the flowers are for his dad. >> reporter: the family running to greet the father.

his son finally getting that warm embrace. the beijing capital international airport is finally coming back to life, but as china's opening up, other countries are getting nervous. more than a dozen countries have imposed covid-19 testing rules on travelers coming from china. some countries like south korea have gone a step further. it stopped issuing short-term visas from its consulates in china. in retaliation beijing has suspended issuing short-term visas to south koreans. morocco has banned travelers from china. china has only officially reported a few dozen covid deaths since reopening. but satellite images reveal a different story. these images taken in late december and early january show crowds at china's crematoriums and long lines of cars waiting outside of funeral homes in six chinese cities. the images appear to show that a funeral home at the outskirts of beijing has even constructed a

brand new parking area. we visited a crematorium last month showing crowds with body bags piling up in crates. >> are you excited you don't have to quarantine anymore? >> reporter: countries like thailand are eager for the economic boost welcoming the first group of chinese tourists are flowers at the airport. and more chinese travelers are on the way. immigration offices across the country are flooded with residents lining up to apply for travel documents. across the country all of china's land borders have reopened. residents cheered the historic moment, but the celebratory mood dampened by the explosive spread of covid. the medical system was unprepared for the country's sudden u-turn away from zero covid. but it's a poignant moment for all of these families at the

airport. after years of sacrifice during zero covid, finally they're reunited. so erin, china's reopening has come with this relief but also chaos. beijing has stopped reporting nationwide data on covid infections but some provinces are sharing their numbers. around 89% of its residents have been infected with covid as laugh last friday. this is china's most populous province. we're talking a population more than 98 million people. local officials there did not disclose the death toll. it's a sensitive topic here because a high death toll, it would directly challenge the long-standing narrative that china's covid approach is superior to the west's erin? >> all right, salina, thank you very much live from beijing tonight. thanks so much to all of you. "ac 360" starts now. good evening. we begin tonight with breaking news on two fronts. president biden's first public statement on the