it is top of the hour. >> just in to cnn, michael cohen, the former personal attorney to president trump is meeting at the manhattan da's office. >> this is a very strong indication that the sweeping investigation into the trump organization is continuing. and perhaps the focus has returned to this hush money payments to stormy daniels. we're following the story. what did michael say when he went in? >> we have video, you played it of michael walking into the manhattan district attorney's office. cohen said he could not comment on what the topics they would be discussing would be. but he might have more to say when he is leaving.

but this is the first time cohen has been in since this investigation has been led by the manhattan district attorney. he previously been in to meet with investigators 13 times over the previous years. the trump organization and the financial statements, now sources tell me that the investigators have refocused back to the hush money payments. of course, michael cohen, central to that. he helps facilitate those payments, those are the payment that's were made to stormy daniels so she wouldn't go public with an alleged affair with president trump just before the 2016 election. trump denied that affair. now another source tells me that prosecutors have reached out in recent weeks to another attorney who was involved. he represented stormy daniels in the hush money payment. these are two indications that prosecutors are starting to pick up the was of this investigation. and when i spoke with alvin brag last friday after the tax fraud

charges, that closed one chapter and the next chapter is now beginning. i think we're starting to see the fruits of that with cohen coming into the da's office today, this afternoon, just a few moments ago to sit for another interview and this, of course, under the investigation led by the da alvin brag who has been in office for a year. >> really interesting to say that another chapter is opening. we'll see if he says anything on the way out. thank you. the white house is defending its rolling disclosures about the classified documents found on the properties of president biden. the latest discovery five more pages in a delaware home revealed to the public over the weekend. even though they were discovered last week. this is part of that drip, drip revelations that has republicans condemning the white house for lack of transparency. phil mattingly just finished up in the white house briefing. phil, your take aways? >> i think after more than a week of kind of as you noted rolling explanations for what is

happening, incomplete information, shifting explanations to some degree, one thing you can pick up at this point in time is the white house settled on a response and trying to get footing under it. that response will not include answers to a number of the questions that are still outstanding. white house officials making very clear that so long as this investigation by special counsel remains under way, they believe they're very limited in their ability to respond. the white house also saying that despite those frustrations that held about the scale of the response, how things were actually addressed, the president still maintains confidence in his team. take a listen. >> i can tell you this. the president has confidence. i can tell you this. the president and his team rightfully took action when they learned the documents existed. the they reached out to the archives. they reached out to the department of justice. >> and that has been a position that has been maintained throughout. the belief this was done haend -- and handled the right way

despite the limitations to what they're willing to say. now when it comes to the investigations, house republicans have launched on capitol hill, white house officials have really tried to turn the tables to some degree. tried to make those investigations very political matters saying they're very hypocritical and the same individuals were now trying to investigate the former president dealing with his own own classified documents issue. they will engage on good faith efforts as they call it but not willing to necessarily say they will comply word for word with everything that republicans have addressed up to this point. one thing, though, that is also made very clear is the president and his team are trying to the extent that they can to maintain some semblance of business as usual. we had golden state warriors coach steve kerr, steph curry coming in and speaking to the briefing room today. you see on the screen right now the president will be celebrating their world championship from 2022 in a short while. the president not engaging on this issue the last several days trying to stay focused on the schedule as it is and as it was, frankly, before any of this came to light.

guys? >> okay. phil mattingly, thank you very much for the latest on that. we also have brand new reporting to tell you about. senior house republicans are laying the groundwork to build a case against homeland security secretary to potentially impeach him. >> that plan could trigger backlash from gop moderates. our reporter joins us from capitol hill. you have to break this case reporting. what are you hearing? >> house republicans are beginning to build a case against mayorkas that could be a prelude to impeachment proceedings. there are three house committee that's are planning to hold hearings at the southern border. that includes the house judiciary committee which is where impeachment articles would originate. a source told me there could be a hearing as early as later this month or early february. that is something to look out for very soon. the homeland security committee has jurisdiction over the border. and the chairman there told me he has a five phased plan to look into these issues at the southern border. and finally, the house oversight

committee whose chairman told me that he believes mayorkas is a prime candidate for impeachment. so this is not just isolated to the fringe wing of the gop. it is something gaining steam more widely in the conference. and even speaker kevin mccarthy is leaving the door open to impeachment proceedings. take a listen to what he told reporters. >> we can investigate. and in that investigation, it could lead to an impeachment inquiry. i don't predetermine because i'll never use impeachment for political purposes. but if the person is a derelict in their duties and they're harming americans and americans are actually dying by the lack of their work, that could rise to that occasion. >> now even though kevin mccarthy is leaving the door open, he knows that he can only afford to lose four republicans. so he is going to need to get nearly his entire party onboard in order for impeachment to work. and so far they do not have the votes yet. a number of moderates,

particularly those republicans in biden won districts are expr expressing reservations. so this is going to be a process. clearly, republicans are ready to get the ball rolling. >> so melanie, tell us about the two house gop members. they have gotten committee assignments after booted off committees in the last congress. >> yeah. i'm told that both marjorie taylor green and paul gosar did receive new committee assignments today. i'm told that green is going to serve on the homeland security committee which as we mngention can play a role in impeaching mayorkas and gosar is on the natural resources committee. so there could be more committee assignments to come. as you recall, gosar and green were kicked off the committees in the language congress because of incendiary remarks. and both spoke at a white national conference last year. but kevin mccarthy and part of his bid to become speaker promised to restore both of them to committee assignments. and now he's making good on that

promise. one other member that he promised to give committee assignments to is george santos. the embattled freshman member that lied about his resume. but sources told our reporter that the gop is currently really debating about where to stick him. several chairs said they don't want santos on their committee. so we will be watching very closely today to see where santos ends up. >> can't sit here. thank you so much. let's turn now to democratic congresswoman of michigan. congresswoman, good to have you back. i want to get to this reporting about mayorkas in just a moment. first, let's start with the documents discoveries and the white house. our reporting is that president is a bit frustrated by the handling of, especially the communications element from the white house. i want you to listen to former senior adviser to former president obama. let's listen. >> on this particular story, they just don't look good. the essence of crisis

communications is figure out where the story is going, get there as quickly as possible, get there as thoroughly as possible. >> he says dhoenthey don't look. how do you think about how the white house handled this? >> i think the whole reporting by melanie and nothing is surprising me right now. some of you say it's a surprise because people have been very clear that they were going to go after investigations and try to procure any fire that is out. there the fact is anybody who handles classified documents should take them seriously. i do believe that the president has been very clear. he's going to cooperate with the special counsel when they were notified about the document this is been found, they immediately contacted the archives and the justice department. president biden himself said he couldn't cooperate. he needed the facts. and then after we get the facts, we need to figure out how to handle classified documents going forward.

what happens? but i do think we have two different situations that we're dealing with between two presidents and i think a lot of people are trying to throw gas on a -- they're trying to make this very political. i think everybody needs to take it seriously. right now too many people are trying to make it just one more political thing. >> let's isolate the biden situation. i haven't mentioned the former president trump. you brought up the comparison. but should the white house have -- talked about notifying national archives and doj. should they have notified the american people before last week considering the first documents were found in november and then more in december and then some last week? when should they have told all of us that the documents were discovered? >> i'm in part of legal discussions. i know when you're in these kinds of legal situations, you listen to the lawyers. you listen to the justice

department. you listen to what the archives have said. i think it's important that going forward we make sure that people are communicating as directly and transparently as they can. but remember this is now part of the department of justice investigation. and they are very clear on what is discussed and not discussed or should be discussed. >> so that is the legal element. how about the political part of this? the expectation was that near the start of this year the president would announce his decision on a run for re-election. you before the mid terms, you said, quote, ask me that whether you would support re-election run, ask me that question after we kept the house, which we will, and the senate in november and then we'll look at 2024. democrats kept the senate, of course. so here we are after the 2022 midterm. do you want to see the president run again and how much does this play into that decision?

>> so quite frankly, if the president runs again for reelection, i would be very strong supporter of him. i think he got more things done in the last two years than have been done in decades. and we don't talk enough about that. so i'm very concerned about the political environment that we are in right now. the way that instead of trying to get things done for the american people, i'm home, i'm listening to what is on people's minds. they don't want to see this partisan bickering. she want to see me work with republicans across the aisle and address the problems keeping them awake at night. that's what i want to do. >> these investigations that could, as we heard from the speaker, lead to an impeachment inquiry. the secretary of homeland security mayorkas. do you think the secretary is in any real danger of impeachment? >> i think that republicans are going to do everything they can, not a republicans but there are

a number of republicans in the house that are going to try to create political controversy on significant number of investigations. and by the way, i don't think republicans are going to keep that majority if that's all they do. i think as i just said, the american people, or a lot of people in these communities are really worried about getting things done. i'm going to tell you, i know this secretary of homeland security. i represented one of the most difficult populations -- largest populations of arab americans and he sat down and listened to the jewish community. he understood the anti-semitism. he met with them. we need confidence in immigration reform. and we have failed for decades. as republicans and democrats to do anything about getting immigration reform. i'll stand up for him. i think they're going to fight it in every way that they can.

i think sehe's been an incredib secretary. >> you think he's done an outstanding job? >> we're looking at that influx and we need to act as a congress in a bipartisan way and democrats and republicans and address the issue. because it's so complicated, it's so political, neither -- we can't bring ourselves together and yet there are people on both sides that are saying we need to do something about this. we need to send a message to many people. we're not taking people in. but small businesses, businesses are crying for employees. we have people that are escaping horrific situations. i met with christian organizations. >> they certainly have been for quite a long time. we'll see if there is anything in this environment and in this congress that gets done on immigration. congresswoman debbie dingle, thank you. >> with us now is norm eisen, a

cnn analyst and former judicial counsel in former president trump's trial. in terms of impeachment, a high crime or misdemeanor. do you think is anything that republicans could charge secretary mayorkas with that would rise to that? >> well, having myself gone through a year of impeachment proceedings where there were high crimes and misdidemeanors, don't think there is anything that he's done that comes up to that constitutional standard. so to compare that to donald trump's ten -- bob mueller found ten instances of obstruction of justice or the shakedown of the

ukrainian president zelenskyy that ultimately those were the two basis for the ultimate impeachment where there were legal violations this is politics pure and simple and having lived through an impeachment myself, i don't think that the american people will stand for it. i don't think that 20 members that biden won that have to vote for this impeachment on the floor of the house will be too pleased about it either. >> let's turn to the documents. listen, there is no evidence, no indication that the president knew that these documents were there. we just learning about the discovery. >> i think first and foremost, we have to figure out, the investigation doll this, figure out was there any contact with

the documents outside of where they were stored? and potentially saw the documents and what they contained. i think it's important to get to the bottom of this. it's part of the greater conversation even though this is spun with disinformation out there which sun fortunate, i think we really need to be having a serious conversation within the intelligence community during presidential transitions on what happens to the documents when they're if a rush to move out of the white house, perhaps. and figuring out do you take everything to a secure location and have -- give people the time to go page by page. this is something that happened. it's about several reporting. the acknowledgement once they got the documents, they say okay, we have a problem.

>> great point. there is a systemic problem now that it is happening to two presidents in a row, basically. norm, who should be in charge now, today. there is a department of justice and robert herr, representative of biden's legal team should be present. the legal team can and i think will say, hey, here's the protocol. they'll consult. and then the special counsel will make a decision how they want to work that out. often during my career, you deal with different situations for document review with a special counsel in place they ought to be able to work that out. that is the difference between the trump case and biden case. biden is cooperating from the beginning. and continues to try to cooperate. there has been some questions,

legitimate questions about the pr angle of it. they'll continue to do that, i think. >> thank you both. and we do continue to follow breaking news out of massachusetts right now. a murder warrant was just issued for bryan walsh. that is the husband of the mother of three who has been missing since new year's day. what we're following all of the latest developments, we'll bring those to you. >> and video of a toddler in a diaper waving a gun. his father is in jail. we'll have details for you next. which is why we made bounce pet hair and lint guard with three times the pet hair fifighting ingredients. just one sheet helps removove pet hair from your clothes! looking good starts in the dryer with bounce e pet. introducing the new sleep number climate360 smart bed. the only smart bed in the world that actively cools, warms and effortless responds to both of you.

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charges were upgrade d a short time ago for murder. joining us now, our legal analyst john miller. what youare you hearing? >> just the latest coming into us now from the district attorney's office on all of this, victor. apparently now the arraignment time is unknown. initially they said that the arraignment for brian walshe would take place tomorrow at 9:00 a.m. that is depending upon whether or not his defense attorney could get up and running. now we're getting an e-mail from them saying that is tbd, to be determined. the headline here, of course, is that murder warrant is out for brian walshe in connection with the disappearance of his wife ana. as you know, he was already in state custody facing charges of misleading police in their investigation. he pleaded not guilty to that during another arraignment last

week. investigators had a number of -- a great deal of circumstantial evidence in this particular case that we saw that they leased. evidence of a hacksaw found at a trash facility in north boston. in addition to that, bloody material found at that trash facility. blood on the basement floor. a knife found as well. in addition to some of the very highly suspicious statements and things that brian walshe had done following the disappearance of his wife, that internet search where he allegedly searched for information on how to dispose of a 115-pound body and how to dismember a body. the prosecution is also told us that the da's office expects more information to be released during that arraignment. we were waiting for information about test results on some of the items that were found, for example, on that hacksaw. but the big question here is

why. what is the motive for this? and perhaps during this arraignment we'll get some sense of why he allegedly did that. but that is certainly the big question here for many people on the ground y. why did brian walshe allegedly, murder this wife, ana, the mothr of their three children. >> listen to what the district attorney said moments ago. >> this investigation the police developed probable cause to believe that her husband, brian walshe, age 47, misled police investigators on material matters important to the search for ana walshe he plead not guilty and is being held at the norfolk county house of correction. a continued investigation allowed police to obtain an arrest warned charging him with the murder of his wife. >> all right. so what is the probable cause they had today that they didn't have two weeks ago? >> this grand jury has been

sitting four days a week from 9:00 a.m. until 1:00 p.m. and last week there was a deluge of testimony. mostly from investigators saying this is what we found in the basement. there was a bloody knife. there was evidence of blood there. we searched where the trash that we believe went from the home to a trash bin near where brian walshe's mother lived to a transfer station in mass where we found more items with biological evidence and so on. so the grand jury had all that going into this holiday weekend. the last witness was the state police crime lab. so what that witness' job would have been was to tell them does the match the victim? did the evidence at the scene match to what was found at the transfer station? and to tie this whole thing together which, of course, is a

pretty good sign that the circumstantial case led that grand jury to an indictment that allowed this arrest warrant. >> all right. john, thank you. >> thank you. >> thank you. >> the death toll is rising in ukraine after the russian missile strike that decimated an apartment complex. the latest on that and the fight on the front lines. that's next. bed. the only smart bed in the world that actively cools, warms and effortlessly responds to both of you. our smart sleepers get 28 minutes more reststful sleep per night. proven quality sleleep. only from sleep number.

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the top generals for ukraine and u.s. met in person today. general mark milly held talks in poland. the focus, russia's war on ukraine. 100 ukrainian troops have now arrived at an oklahoma military base to begin training on the patriot missile defense system. >> ukraine is mourning a devastating attack on rush yachlt the death toll continues to strike on that apartment complex. the attack happened miles from the front lines of ukraine's east where cnn's reporter is right now. ben, first you're in eastern ukraine. tell us about this situation there now. >> the situation continues to be one of uncertainty about of what is going on in the russians as of friday claimed they have taken that town. ukrainians say they still

control part of it. there are fighting going on and troops have been pulled back. now the worry is that once they're firmly in russian hands that the danger could go south. >> lost souls wondered the streets, those that can't leave won't leave or have given up caring. >> he pays no heat to the shelling. i won't leave. the fight being echos through

the fog. the fighting seems to be intensifying. one local resident told us whereas before mortars were flying over their heads, now it's bullets. >> soldiers prepare trenches inside the city. new defensive positions if the russians push forward. sandbags with wood on top says valentine and three firing positions. on the ever so slightly safer western side of the city, a make shift market offers basics. with no electricity or running water, commerce is conducted in the open. >> my two shops were destroyed says dennis. so i'm selling on the street. but this food is only for those who can afford it.

and he isn't one of them. i'm living like an f'ing animal, he says. he returned firewood, the bitter cold is deadly as the shelling. people have frozen the death in their apartments, he says. on a bluff overlooking the town says they're up against troops, many of them convicts with the private military company. we're fighting against soldiers brought to the slaughter, he says. these wagner guys have no choice. they're sentenced to death. and then the order comes to open fire. >> and as you see in that

report, they're not only digging trenches inside the city. we also saw them digging trenches outside the city. one commander we spoke to said come back in it two days. it's going to be even hotter. now regarding that strike on saturday on the apartment building, the death toll now stands at 45. six of them children. 19 people are still unaccounted for. >> ben, what a report. what a grim picture you have shown us. thank you very much for being there. >> thank you, ben. next, the man believed to be the father of of this toddler will soon face a judge after the child was seen waving a handgun in the hallways of an apartment complex. stay with us. the day you get your clearchoice dental implants makes every day... a "let's dig in" day... mm. ...a "chow down" day... a "take a big bite" day... a "perfectly delicious" day... - mm. [ chuckles ] - ...a "love my new teeth" day.

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an indiana man was arrested after shocking video showed a young boy unattended, all alone here, holding a handgun. a neighbor called 911 after seeing the boy waving and pointing the weapon in this apartment hallway. the incident was caught on a doorbell camera. >> every frame of this is insane, insane. shane osborne was arrested for neglect. he was ill all day and did not know the child had left the apartment or had access to a gun. cnn cassar as joins us now. what happened here? >> thank goodness are there are body cameras on the officers. of because that really tells the

story. it was the neighbors at the apartment complex that called. the report was the officers heard a person was armed. but when they get to the apartment complex, the neighbors want to talk to the police and they say it's a toddler. i want you to listen to the neighbors. >> i open the door, he went to flip it up. i shut the door. i told everyone to get away from the door. like, he has a gun. >> i mean it's a toddler in a diaper walking around with a handgun. >> he took out that gun. >> it takes that loaning to get there. >> no, i'm talking about his. [ beep ] parents upstairs. >> so the officers they go right up to the apartment upstairs. they knock on the door. according to probable cause affidavits, the toddler let them in. then a man emerges. he is obviously been sleeping. at least that's what the officers think. and they ask him about a gun. he said there's no gun in this apartment. he said i never have brought a gun into this apartment. he said my cousin every now and

then keeps a gun but it will be back in his bedroom. they do just a search, nothing in plain view. they leave. the neighbors continue to say there is a gun. and so then one neighbor comes just out of the blue and she's got surveillance video on her phone and it shows the baby just as you have seen in the diapers with the gun and even pulling the trigger. the officers go back. they're consent to search. they find it in the desk with the rolling top there. and it's very neatly placed there. and immediately the officer opens it up -- 15 bullets in the magazine. not one is in the chamber. and that's why you pull the trigger and the gun isn't going off. but at that point, they make a call to the on call prosecutor, the on call prosecutor says arrest him. child neglect. they do. his court appearance is on thursday. >> what a sickening sign of the times.

>> he says he didn't know. >> when you think of all the ways this could have gone horribly wrong -- >> for the baby, to thr man asleep, for the neighbors, with this toddler walking around with the police. >> and what if the police left. they didn't see anything. and the neighbor comes out and says look at this i got it, the video. >> unbelievable. thank you. >> thank you. >> so george santos' former roommate says the congressman had dilutions of grandeur. details of the latest next. #1 isn't a status earned overnight. it's earned in every wash, and re-earned every day. tide. america's #1 detergent. there's always a fresh deal on the subway app. like this one! 50% off?! that deal's so good we don't even need an eight-time all-sta to tell you about it. wait what? geit before it's gone on the subway app!

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now admits he has some apprehensions about george santos and that fabricated resume. >> i always had a few questions about it. >> mccarthy has not called for santos to resign. but today those demands from other members of congress are growing louder. including democrat ritchie torres of new york. he just requested that the fec launch an investigation into allegations that santos broke campaign finance law. >> either mr. santos resigns under the weight of scrutiny, or he resigns as part of a plea gargan with the u.s. attorney. we know he's facing multiple investigations. but my argument to him is stop perpetuating the suffering and humiliation of your constituents. do the right thing, resign, allow someone else who is capable of governing to fill the void. democrat or republican. >> joining us now is someone

else calling for santos to step down. republican bruce blakeman. he's nassau county new york executive. sir, thank you for being with us. these investigations, fec, congressional, the rest of them, they can take quite a long time. until then, what is the strategies as congressman torres says under scrutiny. what are you doing, what can you do? >> well, here in nassau county, my office is dealing with the problem as if george santos was not a member of congress. we will have nothing to do with him. we can't trust him. his whole resume was built on a pack of lies. his campaign was built on a pack of lies. personally i think he's delusional. and i think the sooner he realizes that his road to recovery is through him stepping down, resigning, get help, because obviously he's not normal, and then, you know, try

to put your life back together. i feel sad for george santos. he doesn't realize the length and breadth of the untruths he told to the people in my county. and fortunately i have a congressman, anthony diaz in my county, and congressman andrew gargarino in my county. if i have issues with the federal government, i can deal with them or call up our majority leader in the senate, chuck schumer, who is from new york, who always has been responsive to nassau county. we have ways around george santos, but for the benefit of his district, and for the benefit of his reputation, and trying to put his life back together, he should step down and get help. >> mr. blakeman what about speaker kevin mccarthy's angle or i guess philosophy that this is up to the voters, the voters chose him, it is up to the voters to get rid of him in two years? >> well, i think that the house has a role to play as was mentioned. there is an investigation by ann

donnelly, our nassau county district attorney. there is an investigation by the u.s. attorney's office for the eastern district. there is an investigation, i'm told, or at least charges have been filed in the ethics committee in the house of representatives. and i think basically that's a long drawnout process and i think that george should do the right thing. if his name is george. we don't even know that now, because i understand he used his aliases as well. so he has to realize that his road to recovery is through resigning and getting help. >> so, i wonder, i was talking about this with the team this morning, is there just -- you're a lawyer, we're not lawyers, is there a fraud case here? he appealed to voters, asking them for donations to send an nyu, baruche college, former citi, former goldman sachs employee to represent them and he turned out not to be that

person. is there a fraud, civil, criminal case here? >> i'm not a criminal attorney, but i can tell you that from my opinion he perpetrated a fraud on the voters in his district. so, i think his behavior was fraudulent. obviously he knew the representations that he were making were completely untrue. so i think that fits within the broad definition of fraud. whether it is criminal or not, i can't tell you. i'm not a criminal attorney. >> bruce blakeman, thank you very much for your time. great to talk to you. >> thank you. so in new mexico, police say they have arrested a former republican state house candidate on suspicion of orchestrating shootings that targeted democrats. without heavy perfume? try downy light in-wash freshness boosters. it has long-lasting light scent, no heavy perfumes, and no dyes. finally, a light scent that lasts all day. downy light! ♪ ♪ mom! mom!

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this hour, the golden state warriors celebrated their 2022 nba championship with a ceremony at the white house. >> the team's star guard steph curry presented president biden and vice president harris with custom jerseys, and the group posed for, i don't know, a bit of an awkward photo here. >> i don't understand the staging of this. who let the president of the united states kneel? why is he the one -- >> oh, stick with it! he got back up and everybody applauded. >> he recovered. that could have gone badly. >> yeah, that's good. >> somebody should have helped the president of the united states up. >> the vice president was -- he asked her to come down there, she said i'm not doing that. i'll tuck back here a bit. "the lead" with jake tapper starts right now. police say a candidate who lost his election tried to