what your case could be worth. we will help get you the best result possible. ♪ call one eight hundred, eight million ♪ top top bottom bottom. . . base base base roll major development in the investigation of president biden of handling classified documents, attorney general merrick garland naming a trump appoint i as special counsel in the case, which means two presidents and potentially

two 2024 potential candidates investigated by a special council, we'll bring in former fbi director andrew mccabe and former white house council john dean, you got two presidents under investigation, and now by special counsel, both about mishandling of classified documents, there's a fork in the road where each of their behavior seems to go in different directions but very significant, nonetheless to have these investigation >> absolutely. significant and i think you know, that's what this moment calls for, it calls for the justice department to handle at least at the inception each of these investigations in the same way, and by bringing into especially council to review the biden side of this document is a ago, i think the attorney general has done exactly that, he needs to now resource it in the same way that he has the other special council, he needs to step away from it, not

subject it to the sort of day-to-day oversight that you would have given maybe to a u.s. attorney, that seems to be the way he's treating our jack smith, and i've no doubt he'll do those things, but from this potent forward, laura, these cases will go i suspect in a different direction, it will follow the facts and the law, and so far, from what we've seen, the facts of these two situations are very different. >> john, i'm really interested, based on your prior role in particular, about the idea of why it is biden was tight lip about the investigation, obviously from the doj perspective, you know, there is a level of graph toss that must be assigned you don't really want transparency on every single thing but from the white house of council perspective and again your talking about the office of the presidency, the credibility of the institution and beyond, do you have a sense as to what impact white house council may be having on biden's decisions of what to say and

what to not say at this time? >> well, i have the impression he has a private lawyer who is advising him and white house counsel is only indirectly involved in some of the larger issues like contacting the national archives, contacting the department of justice but he has private counsel, this chan hasn't been clarified, he has white house council whose responsibility is not the well-being and personal representation it's the office of the presidency the white house counsel represents today that's been clarified post watergate, the white house counsel she don't not be advising the president what to do and not to do, i think they've suggested the less said during the investigation the better off. and that seems to be the advice he's following. >> let me ask you, do you think john without the mishandling

classified documents situation we'll call it for donald trump, would there be this focus on a special counsel for joe biden or are the two intertwined for political optics >> absolutely not. this is all provoked by trump's behavior who they tried to work informally with to try to get him to return documents when theyey noticed conspicuous missg classified material, this is a direct result of donald trump's behavior. he's saying why aren't all the former presidents being investigated? well, former presidents don't take off a truckload of documents as he has. this is just a few documents. these things happen with some frequency, actually. and it's rare unless there's some aggravating situation that, where the documents and the materials secret material and the national security material has been misused that aggravate

the situation. high officials make these mistakes, sometimes with to write a book, sometimes because they're i enamoured with the documents but anyway they typically give them back quickly but it's donald trump's behavior in not returning this material provoked joe biden's situation. >> i am curious about as everyone is, of course, andrew, what is contained in all of these document, i still have that curiosity, of course, for the documents at mar-a-lago and beyond and as we're waiting for that, the political optics really are coming into much clearer focus than what is actually the contents of these documents. but in terms of how this plays out two separate special counsel focusing on a similar nucleus effect you do have the behavior of those who have mishandled different. is there coordination of any kind between the investigators are are these going to be totally siloed because they're

two separate special counsel nonconnected tissue >> i think you have to handle them that way, i think both these men are both independent, they're both capable of running their own shops here. and i would suspect that they will endeavor to do that without having any connection or exchange of information between them. other than maybe getting together some day and complaining about having the two worst jobs in dc. i believe they'd be well advised to pursue their own cases independent of not just the justice department and the white house but of each other, to follow those facts and apply those facts to the law in a totally independent way. in that way, laura, you could get two very different decisions on these cases that would -- that should stand up to political scrutiny. i know that's ridiculously optimistic. >> i like the glass half full, andrew mccabe, it's a good look. i don't know if it will, but i'm

there with you now, and here with me in the studio, cnn chief white house correspondent phil mattingly and white house reporter for the "washington post," and political correspondent, let me begin with you laura, because i love the name laura, what will this mean for 2024? obviously, in washington, and everywhere else, you aren't even done with first election before thinking about maybe two ahead, you have a former president having a special counsel, have you one who intends he says to run again, but this could be problematic.c. 2024 is so far away, we say that a month is an eternity in politics, we saw is the reaction to former president trump's mar-a-lago raid where the base rallied around him and in president biden's case i'd be surprised if this right now with the facts that we have pushes democrats far away from him. i mean, right now, we're seeing

democrats in congress say they have faith in him, they believe he's handled the swaying well so far, of course, they won't like the fact that it gives republicans something to hit the president with, and we saw that house speaker kevin mccarthy is saying that the house will investigate it, although i thought it was interesting that he said he didn't think there needed to be especially counsel today, that was prior to the decision to the announcement being made. but again, you know, the white house is trying to say clearly that this was a mistake, they used that word today, the special counsel said that, and if the facts bear out, it very well could be a pretty fast investigation by this new special counsel. >> there are a lot of mind feels to navigate here politically hypocrisy abound, you got to be careful about what you condemn you may have to essentially dismiss and second the next day in speaks what are these that

you're seeing to the democrats and republican >> it gets really, really, in politics you want to make your opponents look bad as possible, and it's hard for democrats to condemn trump for doing the same thing, more or less that biden is doing and it gets hard for republicans to do the same thing. other aspect i think is biden's brand has been built on transparency, on a leveling of the american people. he said ad neaseum we heard it so many times, it's hard for democrats to make this argument we fully left behind the chaos of trump, and the disrespect for american traditions and the intelligence community all of that stuff. if you have republicans able to say what about what biden has done? it makes it difficult to do that sort of rain event for that helps you win that case. >> that phrase you used to say give my word as a biden, give my

word as a biden, he kept talking about that, and again there is distinction, the electorate may or may not understand the nuance or just ignore the nuance because we're in a self-serving political atmosphere in many respects but i have to understand do you have a sense as to why this is become a pr self inflicted wound?? why not be as fully transparent as possible or even give more information about the prospect of these new document >> lawyerses are the worst, i don't know if you know that, but, historically -- so. maybe the only lawyer -- no, i'm personally saying that in gest, it's one of the issues we're trying to get out what's transpired not just over the course of the last four day, none of this existed as far as any of us are where of what this mean pours 2024 so difficult,

but what you have at least in my understanding are officials cognizant over the fact they did not want a special counsel and wanted to do anything they could not oh exacerbate or potentially put attorney general merrick garland moving away from what we saw the four years prior to this administration so central to his role at the top of the justice department. and in doing so, they appeared to have done exactly that. where justice officials are saying the fact that they're narrative particularly in the first set of documents when that came out not talking about the second set even though they'd been aware of them nearly a month, that actually contributed to the thinking maybe we need to move forward with a special counsel, that actually put them in bad spot. what they walked through over the course of the last several day process where lawyers were telling them do not say anything, do not exacerbate the situation, particularly until we're done searching everything. we know they did not finish everything until last night. found additional document, in the process of that -- of them

going through the last four days, any worse position and this is only going to get more complicated more difficult with more lawyers saying do not say anything at all. how they manage and navigate that going forward will go a long way to what we're talking about how the public perceives what's happening here, as you know it's very different case than what the trump team going through. >> the thing is biden is not the first president even in more than american history even his immediate predecessor, special counsel seem to be a big part now of our american presidents look at this full screen of all the different presidents who have had to contend or deal with in some spect special independent counsel, very different types of case all around, we're on page two of the full screen by the way give you an idea you can't get it all on one screen, this is really, it's not unchartered territory for a president but one that biden hoped to avoid. >> he did.

to me, i think that the cases are very different. and at the beginning, they look exactly the same because it's mishandling the classified documents there's typically should be a damage assessment in both cases and we aren't sure yet if the damage assessment is underway in president biden of case or not but there likely will be one because of the fact any time classified document are miss hand you or found in a place they're not supposed to be a damage assessment is conducted when beyond that the potential for criminal charges trump's case is totally different i believe it's important for the public to understand that because of the fact that trump even when still in office, there was a concern he would take classified documents that was the archives were alerted the "washington post" reported that in may of 2021, the archives told trump you have a lot of document you need to return and eight months his team and he did not turn them over, then turned over 15 boxes, then the are kinds of said no, there are still more, more than a year, about a year and three to four

months, trump and his lawyer and his team refused to return all the classified documents they had, and that is why the fbi ultimately had to go search it. so it's a very different set of events that happened and that is why trump is potentially facing violations of the espionage act as well as obstruction. >> lawyers you know what >> well, to laura's point, i believe, yes nuances matter at 11:00 drinking coffee talking about this stuff, energy drink but you know, when it trickles down to voters who don't have you know, the same requisite amount of time. energy, what if they just have other stuff, you know, what are the -- what are the facts although remember a month from now? what are the things, and i think one of the perils, he talked about is just trump and biden did basically the same they don't know, and that, you know, i'm always looking at how is

thisdis stilled in the minds of voters >> we hope it'sdis stilling. >> fortunately you're watching this wonderful program coffee or not thank you all so much, sad news out of los angeles surely heard already and we're continuing to cover the death of lisa marie presley at the age of just 54. the daughter of elvis and pricilla presley grew up squarely in the spotlight as the only child of the man celebrated as the king of rock and roll. we have new details next. ♪. ♪. ♪ adding lysol laundry sanitizer kills 99.9% of illness-causing bacteria detergents leave behind. clean is good. sanitized is better.

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are you learning about this tragic loss tonight? >> it's just shocking, especially when you know that lisa marie presley was only 54 years old. and we know that this is the case because we've al heard from the family representatives in fact let me go ahead and read that statement to you right now. it says here that pricilla presley and the presley family are shocked and devastated by the tragic death their beloved lisa marie presley. profoundly grateful for the support love and prayers of everyone and ask for privacy during this very difficult to him according to the presley family representative. of course r it's just shocking for everyone digesting this and also because she was the only child of elvis and pricilla presley, all of this sinking in for people to think that both of them are already gone way too soon. >> i mean, she is a mother, in 2020, she lost her son benjamin,

who died by suicide at the age of 27. she has three other children, daughters r riley, finely and harper and idea that this happened even in a week where her father and the movie that we're honoring for her father, which she was a full supporter of, invested in the project. believed that the actor's portrayal was spot on and not caricature in fact, you were at the golden globes tuesday and saw lisa marie presley can you tell me about that experience and what was she like that evening. >> there's so much going on, it was already emotional you looking at a movie about her father, and she wrote about her grove after her son benjamin died by suicide, she said in the what she wrote you do get over it you do not move on period she kept going because of her three daughters, so you look at the lineage of having lost her

father who would have turned 88 years old this past weekend, then you look at the fact that there is austin butler on stage at the golden globes accepting an reward for portraying her father and you can see her in the audience and she look emotional tearing up a little bit and before that i can tell while i was on the carpet doing interviews of some of the nominees i saw her walk by and i almost missed her, laura, because she looked so different to me. she did in the look as healthy as i've seen her in the past. she looked a little sal low, a little into herself as she was walking by when we saw her walking by that clip that you see, and she was walking a pew feet ahead of her mother, during the event they were sitting next to each other, but she definitely just did not seem as robust as we've seen her before. to the point that we had a little side conversation about it. because it was so shocking how differently she looked, and just to remember that this night was

all about you know the movie elvis and her -- her -- she's the sole person in control of elvis's estate. so she was very hands on with this movie, and to just hear more about what she was saying i want you to take a look at the conversation from the red carpet at the golden globes interviewed by extra, take a listen what she had to say tonight will be a wonderful night for elvis >> i hope so. >> and if you gotten to know austin butler a little bit. >> yes. a lot. a lot, actually. i adore him. >> when you first is a him what did you think. >> you mean in movie. >> yes, in the role. >> i was mind blown truly. i actually had to take like five days to process it. it was so spot on and authentic >> what do you think the biggest challenge was? is it the singing or is there

certain characterics to pull off. >> characteric, mannerisms, singing talking without doing it in a caricature way like it's been done if the past. done in a sort of funny joking way the way he spoke but austin got it and did it perfectly without making it sort of comical. >> and austin butler did thank presley family in his speech and that's when you can see the tears in her eyes and i'm sure it means so much that she was there. and could hear that since we lot of her so much, so quickly, soon after that, laura >> absolutely stephanie i'm thinking of her children, her mother this evening, we'll be right back. ♪. ♪.

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did he have did have archive did he have . . . opening statements today in the trial of five members of the proud boys are defendants including former chairman enoree company ter yo accused of seditious compromise on the attack on capitol both sides giving opening arguments today and with the prosecution using extensive video and social media evidence to try to make their case and the defense argument attack on capitol wasn't planned beforehand it comes maybe as a coincidence all comes as well after weeks of contentious fight over jury selection and what evidence can ultimately be used in introduced in this trial. back with me now andrew mccabe and john dean. andrew, the defendants in this case, they're facing nine counts, including conspiracy to

obstruct and proceeding, of course, conspiracy charges against said addition, how worried should they be. >> i think if they take the oath keeper trial a month or so ago, as an indicator should be pretty worried in many ways this will be similar to the oath keeper trial in that it will come down to be essentially a battle of text messages, the government will put out a number of text messages exchanged between these alleged co conspirators, intentions before the event, standing for january 6, their actions on the 6th, and then the reaction to what actually happened and put those things together, looks like they accomplished their objective, which was to stop votes, stop the counting of the light to moderate votes and the defense will turn around and say no, text messaging are saying people

were just having fun and the actual crowd and going along with events as they occurred and there was more actual agreement or plan to do anything. as you know better than anyone it's the up to what the jury sees and how they decide, and that's how the government can be very persuasive >> john, i mean, the defense essentially is saying as andrew alluded that look, this was not a preplanned event but they're also redirecting attention towards the former president and comments he made, even trying to connect to those in famous words, stand back and stand by from the prosecution. do you think that is going to be persuasive given what we've already seen obviously from the january 6 committee, obviously, many people in the district who might be in that jury pool would be familiar at least with the general premise of that investigatory committee and the facts at hand, is it persuasive

to redirect the attention to the former president of the united states >> i call that a scapegoat defense, it's similar to what the oath keepers tried and it didn't work in that instance. so i'm not sure it's going to work here given the overwhelming evidence that the government has with these text messages, the video, so they're really going to base their case on trying to tear down the witnesses the government puts on and try to use those witnesses for their own defense, if you will, apparently in the opening statements today, they relied on some of the same videos that the government relied on. try to get the jury to say, well, maybe there is another way to look at this. so that's what the effort will be, you know as well as anyone, laura, how juries are juries, and they will see what they want to see, and they will reach a judgment as i think it's one of the great institutions of a democracy to trust what those

people see in each case. so we'll stay tuned to see if this defense work >> i'm curious on that point john, weigh in too, andrew, idea, quickly the idea what impact do you think this has knowing there's already been that successful at least in part prosecution of the oath keepers? will it have an impact you think in connection with the january 6 committee? >> well it certainly educated the government on how to proceed what was strong, what worked with the jury, what they interviewed the jury afterwards, i don't know. but it shows they can make a seditious conspiracy work, it's a difficult standard, tough to prove. they have such strong evidence. in fact, there was a seditious conspiracy. which they're going to try to show to the jury. >> andrew, quick >> totally agree with that, i think when the government can come put on a complicated case like this and prove it, they take the public's understanding of what happened on that day and raise it up a level. this was not just a random mob

that gathered on the capitol tit was an intention to overturn the capitol. it's a significant thing >> this was a charge most people thought could never be or should not have been brought in so many years as to be in significant now in many months we're seeing this charge again. thank you, gentlemen. well, there's a controversial move now in the ongoing culture wars, the new governor of arkansas zarah hackabee sanders banning the use of the term latin x, an official state document. we'll hear what the panel has to say about that next. ♪. ♪. nothing kills more viruses on more surfaces than lysol disinfectant spray. ♪

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. sara hackabee sanders is the newest governor of the state of arkansas and just hours into her term, she enacted eight executive orders, they include reducing rules and regulations as well as initiating a hiring freeze. we've got people talking are these two orders we've highlighted here, one ban on the term latin x an official government documents and second a ban on teaching critical race theory in schools, i want to bring if cnn political commentator, former top aid to mitt romney's campaign, and political analyst is back with us as well, maria i want to get your reaction, this term latin x is not one as prevalent or used or welcome all the time. correct >> that is correct, and i actually don't even use them myself, i don't really identify with it.

but you know what? if i'm talking to a group of young latin x who will probably have lgbtq in that group, they do identify with the term latin x. and i will absolutely use the term latin x because i don't want to make anyone feel unwanted or rejected. and spanish is a term that is very -- that is gendered and latina are general terms and i i understand why people lgbtq want to use that, how dare she make this distinction with the excuse she's going to ban it because it's insensitive, if it wasn't so insulting it would be laughable. this is coming from a person worked from donald trump to did

everything in his power to bring trouble to the latin x community >> kevin why do you think this was top of mind >> i don't think it was top of mind >> within hour >> politicians are political animals. right? and she is representing what she feels is the feedback that she got from a number of people in the community. now, i think the politics of this are probably helpful for her, because for many people, who look at this to be, i know a lot of people feel strongly but a lot of other people think this is sort of common sense you not ban a word like this this but sort of move away from the use of this, because some people actually feel that it's not appropriate to use, and that's feedback that she actually got from a lot of those, folks in the hispanic community and the latino community as well. for this i think the politics of this are sort of low hanging fruit.

>> you think so laura, i wonder the idea in terms of generationally we often think about terms and even president obama was speaking about this a few months ago on a podcast the idea of changing terms's norms and the idea of people evolving and not quite keeping pace with inner generational disputes, is this something attractive to younger voters. >> i think some of the, i think that the use of the term latin x is generational, i think that, you know, throughout my life, i've used the term hispanic latino interchangeably. there's older generation latino that would only use hispanic, when i've been reporting i've interacted with younger latinos who like to use the term latin x because they want to have a nongendered term. the gallop poll last year i thought was interesting, it

found that when, you put hispanic latino, latin x and do you care? does it matter? does it matter got like 57%, which should that latinos don't really care, the vast majority of them. of course, then the rest of the three latin x got the lowest number, i think, yes, this is, you know, sara hackabee sanders trying to play to her base. it's something that republican voters like. we saw but in a states that a swing state, and republican and states like georgia, herschal walker was using a lot of anti-lgbtq, anti-trans saying i'm not going to use correct pronounce throughout the entire speech and he lost georgia and you saw a lot of republican candidates who used similar language to herschal walker and lost. >> you mentioned gallop there was a pugh research that found that 3% of u.s. hispanics use a term latin x with young hispanic women among the most likely to

use but your point is sensible well-taken, kevin and maria on that point, again, i look at this if gallop or the pugh representative in some way, you think about this, is this really the culture war that she or the cultural trigger point she's hoping to achieve some benefit from >> i agree with kevin, she's doing it for her own base. but i think what it describes or what it, what it proves is that her base or at least what she's doing is very xanphobic and i believe anti-hispanic, even if there are conserve hispanics that don't like the term i don't think you go as far as to alienate a whole other generation young latinos living in your state. why would you do that? arkansas seen 162% growth in the hispanic community, in the last ten years, and so to me, it

proves how unserious she is about governing when you have issues like poverty, and education, and healthcare, of which arkansas ranks almost last and those are issues that absolutely affect the latino community, she really cares about the latino community in her state. she would be focusing on those issues. not on ridiculous things like this. >> her comment. >> the executive order expanded early childhood education, she was focused on education. so i think i see your point, but this is not the only thing she did, she did a lot of things in those executive orders, but i think it's the point that you brought up earlier only 3% use it. for most people this isn't a huge controversy and sort of common sense that we remove this to be out of the use of, i think -- i think you know why i think the politics of it work? is that often time as lot of conserves will bate democrats or left into an reaction on this,

for most people see, seems like a common sense thing. >> again, if you are part of the lat latin x community you will feel complete completely alienated. >> it's for people who use it but the larger community it is not a controversy. so when you are debating something you think is common sense not controversial and the leftover reacts to it. politics kind of works for it. >> see that is when is when you believe that as a governor, you want to have a section of the people who supposedly you want to vote for you thinking you're insensitive a whole group of people. more power to her, that's a lot of people when you have a growing latino community and by the way most are younger than the overall community this can be a very important issue for them. >> even five people is a huge number in washington, dc, as we

saw in the wee small hours in the morning saturday, i encourage everyone to read the executive order, because sara hackabee sanders does tells a different tail in that in terms of describing why she wants to do it i encourage you to read it and follow up. coming up developments on russia's most prominent political prisoner, he's sick and being denied medical care, that story is next. ♪. ♪ . hi, i'm katie, i've lost 110 pounds on golo in just over a year. as a mom, it has been life-changing. my daughter had lost 20 pounds, my son had lost probably about 40.

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of not allowing him to lie down during the day and waking him up at 6:00 in the morning even with a high temperature, it's two years since he was arrested in moscow, story how he ended up there after surviving an alleged murder attempt and tracking down his own would be assassins is told with the urgency and drama of a spy thriller in the film navalny airing saturday. here's a preview. when you come to room of comatose patient you just telling him his story, alexei don't we're, you were pointeded there was a murder event. putin tried to kill you. and he opened his like blue eyes wide and looked at me and said very clear,

(russian language . >> he's not so stupid to use this, he's more than his >> if you want to kill someone shoot him, jesus christ, impossible to believe it it's kind of stupid the whole idea of pointing with a chemical weapon, this is why, this is so smart, because even reasonable people they refuse to believe like what? come on, poisoned? seriously. >> the criminal russia's security services denied they played any role in navalny's poisoning. joining us is the director of the film navalny. daniel war. daniel, it's good to see you, we're hearing, however, that navalny's wife is painting a very bleak picture of what her husband is doing and dire conditions how serious is

navalny's health situation right now? >> extraordinarily serious. and the most challenging part for us is that we don't know how serious. the russian prison authorities are not allowing navalny to see doctors, we know that he is sick, he has a flu, running a fever and he's not allowed to have medical attention, just yesterday, 200 russian doctors signed an open letter to vladimir putin to ask for putin to allow navalny to access medical care that call went unanswered. >> i wonder what it was like, just looking at this film and just the reaction that it's received around the world. it really, it captures the recovery from that extraordinary period that he's speaking about in the clip we've shown, what was it like to be with him during that period? it's so telling. >> well, alexei navalny is one of the most extraordinarily courageous men of our time, he's brave, he is a man of principle, who is willing to sacrifice everything for the future of his nation, for dream of a russian

democracy, that's why he went back to russia, because he thinks that his country can have an alternate future, one where vladimir putin is horrible regime are relegated to the dust of history and democracy is introduced to the russian federation, that's the dream that navalny has, and right now he's in solitary confinement and specifically in solitary conif i'm because of his even war activism. navalny and allies are the loudest voices in russia and he's being punished because of it >> what do you think holds for navalny especially now when opposition seems to be continuously suppressed? he's someone towards optimism. dreams of an up right future and for millions and millions of russians he's a flicker of light in this very, very dark context. it is my dream and my hope that he is released from prison. that he survives his ordeal,

because i believe his impact on the future of russia is unfulfilled and one day i want to see navalny on a presidential ticket where he can run for the presidency in a free and fair election >> thank you so much, be sure to tune in the cnn film navalny airs saturday 9:00 p.m. east here on cnn. thank you for watching, our coverage continues. ♪ ♪ ♪ ♪ hour cough relief. and the giggles. the family that takes delsym together, feels better together.

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