his silence on the classified documents from his time as the vice president that were found in his office. here is what he said today at the summit in mexico city. >> people know i take classified information seriously. when my lawyers were clearing out my office they set up a secure office for me in the capital. they found some documents and a box or a locked cabinet. as soon as they did they realized there were several classified documents in the box. they did what they should have done. they immediately called the archives. turned them over to the archives and i was briefed about this discovery and surprised to learn that there was any government records that were taken there to that

office. i do not know what is in the documents. my lawyers have not suggested i ask what documents they are. they turned over the boxes to the archives and we are cooperating fully. with the review and i hope that is finished soon. there will be more details at that time. >> this is coming as the new house oversight chairman sent letters to the white house counsel's office and national archives trying to get information on biden's handling of classified documents. i want to bring in jonathan martin as well as karen and david. i am glad to have you here. we begin with you jonathan. this is not the news president biden wanted to start the new year. there is a bit of dysfunction with the speaker both but the fact of the matter is he needs to contend with it.

what is your take? >> the circumstances are different, obviously his folks called when they realized they had classified documents there and also biden is not his best defender. obviously this will create a challenge for him. if for no other reason just because republicans will use this to muddy the waters. that is what partisans do. they try to undermine the other persons case by muddying the waters in this give people like him a chance to do that. >> there is ammunition and also, karen he knew about it in november. >> the only reason we know about the documents that were

found, donald trump could not keep his mouth shut and he made the announcement thinking he was politicizing it. it is doj protocol as you know to protect the individuals under investigation and protect the investigation until it is completed. again, following the appropriate channels there is no reason we should know. that we should know about trump or any doj investigation. i do want to say of course republicans will try to muddy the waters. i cannot wait to hear what david has to say about it. >> he is already giggling. >> this will be a easy one. >> i will say, for those of us that live in a fact-based universe, the republicans who had nothing to say when it was donald trump and hundreds of documents who are now falling all over themselves when we are talking about 10 with regard to

president biden, the further they go out on this, the question becomes, if that is how we are going to treat president biden, is that how we are going to treat donald trump? >> i think it is reversed, if that is help retreat donald trump why does biden get the presumption of innocence and niceness and this is just a accident. let's remember the reporting so far the file said personal and in it was personal material like funeral arrangements for his son, that is joe biden's personal file. in that file is ts sci material. clearly mishandled. when documents were found in

florida i said that is wrong. mishandling classified is a big deal. whether it is president trump or president biden. it is a problem. >> there is a huge difference between being under subpoena and concerns the doj had that they were moving. >> it was different okay. trump was obstructing. that is the case. that is the allegation. biden says i do not know how he got there. shock. classified documents and he knew for months. one more thing. >> i want to clarify, it sounds like you are saying that the fact that it was in a personal file that biden was the one to put them there. >> absolutely. >> you are assuming. >> i am assuming staff is not

dealing with his son's funeral arrangements but that is the most personal intimate details of his son's death. i would think the vice president at the time would be dealing with it. the second or thing. how do we know there is not more stuff in his house in delaware? i do not see the fbi visiting these places. and finally you know this as a former prosecutor, the law needs to be applied across the board the same. he is in a pickle now. if he goes after trump and not biden, the doj might as well just put a giant partisan sign on the wall flashing neon. republicans now are saying there is no hunter investigation or joe biden investigation but they raid florida in the middle of the night and it looks suspect. >> it is a interesting notion. you have to. beyond this point, there has

been the talking points that david is speaking about, there is notions about the idea, if the doj does not treat donald trump and joe biden equivalently there is a problem but there is also the reality that there is a divergent behavior. there is one who has been fighting the return and one who according to what we know presently, wanted to turn it in. this could change. >> the circumstances are very different. they obviously acknowledge that but i think david is right that this is going to create a challenge for the doj that they come forward with charges about the former president and you also take a look at the current president. that is a question that is asked. real fast to david because he mentioned it in passing. there is no hunter

investigation. we heard a lot of that after the raid in florida. i do not understand that, my understanding is that there could be a hunter investigation. they attorney's office is still looking at this. we may not know about the details but i think that is still a ongoing question. i do not get why there is a idea that hunter is being left alone. he is still facing some jeopardy. >> i am seeing if something does happen here and not there, if there is a prosecution for donald trump and not joe biden, it looks worse. >> there is a difference between the law and politics. legally one of the things we know is that in both instances, a process and procedure has been followed whereby documents are being reviewed to determine the level of secrecy and potential harm to national security. also we know that garland has

referred the biden case to a similar -- trump appointed and the trump documents have been moved to a similar process. we can play politics and muddy the water and it puts garland in a tough position but again i think it is fair to say he will not take any action until both processes have been completed and we know what the results are. >> it seems that all of you are describing the idea of for tat. it is a perpetual cycle at that point. forcing in order for this to happen this has to happen and is there a endgame ultimately if you are the republicans and you have the majority in the house, what is the angle? >> they are oversight, this is

what we heard going into the congress. there will be aggressive oversight of the weaponization of the department of justice. >> that is just one committee. >> that is the view at the republican side of the aisle. many feel that the doj has been weaponized and they will investigate and this will all get fleshed out. if you are garland today you are saying this is not another great fact pattern for me to go to the hill and explained. >> one thing we can all agree on is garland's future is looking different than it appeared five years ago when he was poised to be on the supreme court. justice garland would be having a much more scholarly life surrounded by clerks in the law than the political hothouse he will find himself in for the next few years. >> they are under the microscope as well but i do take your point. karen give your last words. >> we have every indication that garland will follow the law to the letter of the law.

>> she is very optimistic. >> i like that the glass is half full but it is not a good start and the american people, national security is a issue, i am still wondering about who the custodian of records is that would be responsible for figuring out what is out and how to get it back. that is part of the conversation. more in a minute. a very important point that i just said. also, do you worry about the impact that social media is having on the society? that is rhetorical. so does one school district and tonight they are pointing the finger at big tech. they are filing a lawsuit against some of the most popular platforms planning that they have a negative impact on their students mental health. we will talk about what tech companies are and are not responsible for. next. it's the modern way to transform fragrance

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it is unusual and might be unprecedented. the seattle public school district is suing some of the biggest names in social media. the owners of facebook and instragram, snapchat and youtube. the district claims the platforms have a negative impact on students mental health. getting in the way of schools being able to fulfill their educational mission. meadow which owns facebook and instragram tells cnn in a statement that it continues to pour resources into ensuring the young users are safe online with more than 30 tools to support teens and families. other companies denied immediate response to cnn's request for comment. dean is a attorney representing seattle public schools along with the school district in the neighboring city of kent who joined the complaint and he joins me.

good to have you. a lot of people are talking about this lawsuit. especially about the idea of these platforms impeding the school's ability to fulfill its educational mission. tell me about this particular avenue as a way to go at these companies. >> good evening, thank you for having me on the show. if you wanted to summarize the lawsuit there is a mental health crisis among kids caused by social media companies. the lawsuits and that for companies should help schools pay for mental health services because of the actions of the social media companies. the technical legal claim is it is a public nuisance lawsuit but the goal is to change the behavior of the defendant and to also get the resources you

need to abate the nuisance and in this case that is mental health issues confronting seattle public schools and the kent school district. >> it this is successful, is that what the money would go to? >> yes. that is certainly the goal. >> you are looking at this and the word that comes to mind and part of the criticism obviously , when it is directed toward social media companies, their retort is often about on who the own is false. whose responsibility is it to monitor the use by a particular person of these platforms. they have said in a statement that they have developed more than 30 tools to support teenagers and families. including supervision tools that let parents limit the amount of time their teenagers spend on instragram and age verification technology that helps teenagers have age- appropriate experiences and other platforms have also put

out safeguards for children. i wonder with the lawsuit based on the statement, why are those tools insufficient? >> what the seattle and can't school districts say is based on the results and the experience in their schools, these tools are not adequate. they are not doing enough. the lawsuit was targeting the algorithms and how the social media platforms operate and market their platforms, particularly to children. the algorithms used by social media companies push harmful content to children and are designed to hook kids and keep them on the platforms. these are the allegations and the complaints and that is the focus of the lawsuit. i understand that companies like to say is up to parents to protect kids from social media but parents do not control the

algorithms that are pushing harmful material to kids and it is these algorithms and how the social media companies design operate the platforms that is causing problems. >> i cannot help but draw a analogy in my mind of the idea of big tobacco. sometimes it is thought of as related to being pushed upon a child. at one point it was the targeted campaigns to try to envelop a new consumer base. i wonder even with the issue of what a parents responsibility is to control their child's access either on their phones, what they are searching or etc., it almost sounds like even with the best intentions and best oversight of a parent the lawsuit suggests that the algorithms or the influence the platforms wheeled overpowers that. is that part of the premise? >> i think that is absolutely right. it is unfair and problematic to put the onus on parents and families that are out there trying to put out as many fires as they can and ovoid liability

and responsibility for the companies that are making the products that are causing this fire. >> why is this coming from the schools as opposed to a class action suit by parents. why is the school in the district pursuing this? >> because the impacts of social media and the adverse consequences that that are inflected on children are directly impacting the school's ability to educate the kids. schools are constantly dealing with mental health issues. they are one of the primary providers of mental health services to youth. the demand is so vast that it is

stripping away from other resources which means schools need to divert resources to address the problem. money that goes to libraries, science labs, teachers, sports teams, that money has to go instead to dealing in providing support to these kids. >> are there rules in schools that they can enact to abate the lawsuit? is that part of the conversations ahead? >> it is part of the conversations ahead but schools are doing what they can. you mentioned being overwhelmed. i think that is certainly a analogy that applies to schools. schools do not control the algorithms, they do not control the platforms where the programs. that is the problem. >> we will follow this litigation, thank you for joining and helping to better explain the premise. really important. thank you. >> thank you, i appreciate

being on the show. next, more about what is happening because you may recall, donald trump's long time money man is going to jail for 5 months. he was sentenced today for his role in a decade-long tax fraud scheme. he turned states witness against the trump organization but that judge said had he not already promised the five month sentence he would have issued a stiffer one. this after hearing the evidence the came in at trial. he was the former presidents chief financial officer and he admitted he should have paid taxes on off the books cup and seshan totaling roughly 200,000 in one year. that included a luxury manhattan apartment, to mercedes-benz and private school tuition for his grandchildren. 5 months is by no means the longest sentence handed down to a member of trump's universe but unlike several trump

associates, from over the past few years, he has no chance of a pardon from the former president. it is worth noting that he will be sent to the notorious rikers island jail in new york. not exactly club fed. just ahead police in massachusetts finds evidence of a trash processing facility that they think may be linked to the disappearance of a mother of three. we have the latest on that case after the break. protect mode.

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looking for the missing massachusetts mother. they turned up evidence that they think may be linked to the disappearance. investigators found a hacksaw, torn cloth and maybe bloodstains while searching through trash at a garbage transfer station. police reported her missing on january 24, her husband told police he last saw her on new year's day. he is being held on a charge of misleading the investigation. investigators also discovered he searched the internet for information on dismemberment and how to dispose of a 115 pound woman's body. we will talk about it with chris, the former fbi director for the criminal investigation division. it is good to see you. what a case this is becoming.

i want to begin with chris. as i just told everyone, the investigators searched a trash facility, they found a hacksaw, torn cloth, what appears to be bloodstains, what is the significance of having the searches be completed and where they have been completed? >> tracking this guy is like tracking a bleeding elephant in the snow. he is sleeping tools and clues everywhere. he gave a obviously false story to the police about his wife going to washington to delay the investigation and delay reporting her missing. he goes to home depot during a

time period where he says he never left and he purchases over $400 worth of cleaning equipment and he leaves blood spots in the basement and a bloody knife. investigators are tracking cell phone activities, they may be tracking his car. he may be wearing a monitor. he is awaiting sentencing as he had a heart fraud federal case pending. he was not supposed to leave the house. so police and investigators are obviously following reliable information because it led them directly to some damning evidence. >> on that point about the ankle bracelet being monitored and the behavior, you are a defense attorney. thinking about the suspicious behavior, this does not look

good for the accused even with a presumption of innocence. i wonder how you evaluate all that has come out in the press already. >> good evening, it is really a challenge i believe, for what it is building up to be. i hope not and people are holding out hope that she is alive. we can see that through what they are tracking and the challenges are many. number one, we constantly advise to clients not to speak. in this instance you heard his defense attorney say he was speaking, however the things he was telling investigators were misleading, that is relevant because it goes with the issue.

the hope is that you give credible information. when you give information that is untrue which is telling police your wife left in a rideshare, otherwise you know that your wife was living to washington and that proves not case. seemingly, the indications, that he went to home depot. it tells a story. this is all circumstantial to be clear but as you know, circumstantial evidence is evidence. people do not generally commit crimes during the day. alternately go before a jury this looks bad at this point but

he is charged now with a 500,000 bail for in effect what is a murder case. >> stick around we have more to talk about tonight and both of you mentioned this is a mother. they have three children, 2-4-6 and they are currently in the custody of the massachusetts department of families. we will follow what happens to the children as well. next virginia police say the mother of a six-year-old can face charges after her son allegedly shot a teacher. it was purchased by his mom.

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the police chief in virginia says it is a possibility that the mother of a six-year-old could face charges after that child shot a teacher at school on friday. investigators allege the boy took the firearm from home and brought it to school in his backpack and allegedly opened fire on the teacher who was shot in the chest through her hand. back with us, chris and joey. it is hard to wrap your mind around it. a six-year-old engaging in this behavior allegedly. he was able to get the gun from home, put it in the backpack, carry throughout the day and then shoot his teacher allegedly. i wonder, the idea of a six- year-old being capable of a

premeditated shooting. what is your thoughts? >> my background was a state prosecutor before the fbi. i see a lot of difficulties in any type of prosecution here. i think it is a foregone conclusion that it will not happen. too young, unable to meet the definition of competency, he cannot participate in his defense. he cannot understand the extent of the charges against him. i think there are other avenues that will be pursued but i think the parents will face a bar of justice. i think there is a misdemeanor charge in virginia that can be used for failing to safeguard a gun and i think there may be some criminal gross negligence charge that may be applied here. there is still some investigating going on but i

expect to see charges here. the parents stand a good chance of having charges filed. >> i want to follow up on that, what are the other avenues of accountability? >> i think it will be around some sort of counseling environment, some sort of treatment environment. you query whether the child would stay with the mother. i do not see any possibility of any type of criminal accountability. there is no place to hold the child in the virginia system. really it is hard to imagine that the child would form that type of intent. >> it is sad to think about this is where we are now but as to the mother in particular, the idea that there is a real

possibility and i am paraphrasing, what might she be held to account for and what could the charges be? >> as we know there is a law in virginia that speaks to the issue of not leaving a weapon available so it can be used or otherwise possessed by somebody 14 or under but as chris noted it is just a misdemeanor. it is apparently classified 1-4 so i think prosecutors will not only look to utilize that statute but look for other creative ways to hold the mother accountable. they will imagine and examine how reckless she was, how did the gun get into the hands of a child, how was it transported to the school and how was that permitted and i think the law itself that talks about the misdemeanor for children that

possess and endanger others, in this instance it was more significant. i am looking to see what other statutes prosecutors will apply that are more serious, potentially felony level, such as there is accountability because you can foresee if a child gets a gun like this that terrible things like this can happen. think goodness the teacher is alive. >> you are right to think about the idea of the deterrence aspect of loss and prosecution as not to set a example for the sake tried to target and condemn one but to prevent. this could have been far worse. the idea of a gun at school is a horror we live too often in this country and the teacher, thank goodness she is stable, she is being praised for her response, even after she was shot in the chest through her own hand, presumably in a defensive stance, she made sure

all of her students get out of the classroom safely. i wonder what your thoughts are in terms of her being hailed a hero. >> absolutely her actions were heroic in every sense of the word. she looked to the kids first, got them out despite the fact that she was gravely wounded. that was her first and only thought. to look back on the gun itself, not only was the gun in the hands of the child but it was fully loaded and ready. most nine millimeters, you have to rack the gun and it is hard to believe a six-year-old would know how to do that. to have that thing ready to go in the backpack. i do not want to take away from your thoughts, that teacher is a absolute hero. every parent of every child in that class should be grateful.

>> i am glad you raised that point, it does add to the idea of how a child would be prepared and why the mother maybe look that criminally. that adds to those questions that law enforcement will surely be asking. >> there is no question about that. you have to look at it when you are examining this from the prosecution perspective. there is a saying that the risk to see is the duty to find, in english it means the risk is leaving a gun where a child can get a hold of it, you would receive the duty to stop that. it is horrific that we would receive this, this is really incredible will need talk about

a six row that can get a gun into the school and use it against a teacher. i think to your point that you raised in your question, i think prosecutors will be looking at that horrific risk and looking at the inability of the parent to safeguard the weapon and looking at the net effect and result taking it full-circle and ending on this about the deterrence you noted. you have to deter other people and show that you have to be more careful. these things can happen and i think prosecutors will be vested in prosecuting the case to demonstrate that we are taking it seriously and we will look closely at it and we will find a parent accountable who would permit and allow this to occur. >> thank you so much, we are all thinking about the impact on the other children in that classroom and how this is impacting them as well. thank you both. >> next, wrap legend dr. dre in a legal spat with controversial republic congresswoman reads.

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but she had enough. she took mucinex instasoothe sore throat lozenges. show your sore throat who's boss. mucinex instasoothe. works in seconds, lasts for hours. congresswoman marjorie in a spat with dr. dre after his lawyer sent her a cease and desist letter for using his beat in her twitter video. twitter disabled the post but for context, here is a piece. >> on the phone it said dt. >> green was celebrating across

these speakership victory and in a response dr. dre said i do not license my music to politicians, especially someone as divisive and hateful as this one. green put out the response, while i appreciate the creative cord progression i would never play your words of violence against women in your glorification of the thug life and drugs. but she did play the music. >> she did play the music. she is a artist. she is on social media and she sampled his art. >> it is perfect, the beef, if you will about folks like green is that they are more performance artists and politicians, they are not ruling their sleeves up in committee work, they are trying to create a identity and brand

for themselves. when you are close to midnight that is what happens. >> here is the brand she is tying to promote. >> i cannot speak to that, i will leave it to david. i would imagine it was probably a staffer with excellent taste in music. when we talk about music, this happens all the time. whenever people get in trouble, we use music in rallies we are not supposed to use. in this instance, for the musician and you saw it in trays response, he is dray. i love it, musicians and artists do not want to be associated with certain brands. as he said i do not do politicians. >> to the point it was just the

courts, just the piano, no words. >> it was a loop. >> this is a long-standing story in american politics. it happens everywhere. every campaign invariably there will be a cease and desist letter from somebody in music. to a candidate who is using it. this happens in every campaign, this is not totally new. what is new here is the fact that it is just over a sample on social media. >> that is where it becomes more problematic. trump interestingly enough, that is a record number of artists from across the spectrum that he got himself in trouble with. >> that is the keyword, spectrum. look at the list of people we are talking about. if you are promoting the music

of all of these people, you are talking about somebody with a eclectic playlist or you are trying to reach a broad audience and hoping to associate that with the favorability of the musician which is why they do not want it. >> have you been to a trump rally and heard the playlist? >> trump saw himself as a artist of sorts. one of my favorite stories from the trump era. trump and elton john. when he was campaigning in north dakota. on the way there congressman kramer asked what did he draw at the dome? he was devoted to out drawing sir elton's at every venue. trump was not a politician in that sense, he was more of a performer. >> if that was the question green asked, i think the answer is only a super bowl.

you will not be easily matched. we are just a couple of weeks away from the next one. thank you for everybody sticking with me and i am amazed by all of the dr. dre knowledge at this table. >> we are ending that, not classic rock but thank you everybody for watching. our coverage continues. clean is good. sanitized is better.

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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. hello and a warm welcome to our viewers joining us in the united states and