- [announcer] do you have an invention idea but don't know what to do next? call invent help today. they can help you get started with your idea. call now 800-710-0020. good evening, everyone. this is cnn tonight. the white house calls the allegations horrifying and shocking. we're talking about the losing republican candidate for state office in new mexico who is an election denier who claimed that his own race was rigged when he was in court today accused of masterminding a series of

shootings that targeted the home of democrats. the arrest warrant detailed the conspiracy he allegedly orchestrated to, quote, cause death and serious injury to democratic officials. and there are disturbing new details tonight including what police say was found in a car that was registered to pena, driven by one of his alleged co-conspirators. fentanyl, nearly 900 pills, as well as more than $3,000 in cash, and two firearms of ammunition. plus, in another story, the question many are asking is, how low can someone go? or allegedly go? because a navy veteran now says that congressman george santos promised to raise funds for life-saving surgery for his cancer-stricken dog before he was ever elected to congress. but then took off with the money. now, santos, for his part, denies this story. and we have his response for you

tonight. and there are new details tonight about what investigators found when they searched the home of the alleged killer of four college students in idaho. and what it could all mean for the case. i want to get right to the court appearance today of that losing republican candidate who was charged in connection with shootings at homes of new mexico democrats. presumably based on his grievances for having lost. joining me, the top law enforcement official in new mexico. attorney general raul torres. nice to see you today. thanks for coming. >> thanks for having me, laura. >> this is a truly disturbing case many people are looking at and scratching their heads in part and thinking, is this the result of what happens when you've got election denialism, or when you think that you are entitled to a certain result? this is not a case that you are personally prosecuting as attorney general. but the accusations here that

engaged in this behavior, talk to me more broadly about what this mean for the people of your state and how they view this whole process. >> well, the first thing i would say is that we're extraordinarily lucky for the swift and very dedicated work of local law enforcement, our partners at the fbi. i've been in contact with them and the chief of police, and they did an extraordinary job to really hone in and identify mr. pena and his associates as quick as they could and get them all into custody. i think the larger lesson for all of us is, you know, really, what happens when you have somebody who is so clearly susceptible to paranoid conspiracy theories, and election denialism, and the kind of rhetoric that we've seen across this country when it comes to having political disagreements. we no longer are in a place where we treat each other as

people that have a difference of political opinion. and for very, far too many people are starting to look at fellow citizens and elected officials as potential enemies. and i think this is really taking us down a very dark and dangerous path and it is something that we have to be mindful of. we have to take very serious security precautions, in terms of how we manage the private information of elected officials. but also, see what we can do to moderate the kind of speech, the kind of rhetoric that you use, that i think incites unstable individuals like solomon pena and others across the country. >> it is so important to think about, what can often begin as rhetoric more broadly can become marching orders for others, and these contacts. and i wonder for many who are the top, you are the top prosecutor in your state, what will the role be that you will play in this case? is it something overseeing this

particular prosecution because it has political aspects to it or is it for someone else in your jurisdiction? >> so the case is being handled by my successor before being elected, i was the district attorney here in albuquerque. the new district attorney and i have had a conversation. he has resources dedicated to it. and i've also been in touch with our federal partners. what we are going to be doing is providing both investigative support and prus osecutorial support, and about his compliance with campaign finance laws, where we've been asked to take a look at that and offer our assessment on those issues. the idea here is to bring about the swiftness and the most severe response that law enforcement can bring. 90 hope is that the u.s. attorney here, and the

department of justice will take a close look to see if there is the possibility of bringing federal charges. not only for the weapons that were used but potential terrorism. this in my definition fits domestic terrorism. >> i want the read to you what the attorney has said about this. in large part, they're saying these are merely accusations. and you and i know there is still the burden of proof that needs to be made. at this point the charges against mr. pena are merely accusations that have not yet been tested by the full rigor of the judicial process. he is presumed innocent of the charges against him. i know, attorney general, you obviously agree with the presumption of innocence, as do i. i wonder what has come out so far, in terms of conversations about masterminding, for some it

might be odd for someone to know this was someone charged with a possession charge and able to run for office. on although he had a prior felony, he was adjudicated to still run for office? it was not a violation of your state law. is that right? >> that's correct. there was a challenge brought by someone during the last election cycle to see whether he was qualified to stand for public office. there was a district court judge in albuquerque who ruled that he was in fact qualified to remain on the ballot. i don't know if the legislature intends to reexamine that. this is someone with a long criminal history. as you noted at the top of your program, this is someone associated with people who were engaged in drug trafficking and have access to some pretty significant weapons. so we're really just at the initial stages of the investigation, trying to understand everyone who was involved, the name of their

involvement, the nature of their relationship, and really, how he was able to organize so many people to engage in this concerted and very dangerous act of political violence. >> attorney general, it is really very fortunate that we're not talking about a very different result in terms of any shots being fired more broadly, and what could have happened to those who were targeted. thank you so much for your time. >> thank you. i want to bring in now one of those officials who was allegedly targeted in these shootings. adrien barr boa. it gives me such pause as so many people have been hearing about this story. i wonder if you can speak to how you're feeling about this. your home was targeted, and the seeming motivation appears to be

about somebody who lost an election, as far as we know to date. what are you feeling about this? >> thank you so much. it's been a range of emotions from relieved, definitely, to know that someone, that people don't have to continue to live in fear of this threat. angry, disappointed, the full range. >> i didn't mean to cut you off. please continue. >> i just, you know -- >> i think we have a problem for your audio. i know we'll come back to you in a moment. just thinking about with the range of emotion must be like. and one of the thing that adrien just mentioned was the idea of living in fear for those who were targeted. remember, all of these different shootings did not take place. if you remember on the same day. we're talking about a series of

different days where shoot things occurred. in december all the way into january, the range of people whose homes were targeted and what that looked like and why. and of course, it would always be a concern as we learn more information about who would have been inside those homes and who may have been vulnerable to all this. we'll work on the audio and sound to make sure that we are able to get her sveum on this very important issue that really is a part of a bigger and larger story across this country. also, more accusations against george santos. the congressman from new york. a navy vet is saying that santos promised to raise funds for this little guy you see on the screen for his cancer-stricken dog. and then allegedly took off with the money. now, there are also new questions about santos' claim that his mother was at the world trade center on 9/11. we're going to talk about all that and bring you congressman

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aubree: i'm aubree. i went to st. jude because i had a cancerous tumor. casey: these kids, they don't deserve to have to go through this. my beautiful little redheaded girl has cancer. you don't know what's going to happen. narrator: please call or go online and become a st. jude partner in hope for only $19 a month. christen: i think it's the most worthwhile place to put your money, when it comes to childhood cancer. well, another day, another accusation against a republican congressman, george santos. you'll never guess what he's being accused of now. this time the accusation is that he's taken money meant for a dying dog. that's not all. cnn obtaining immigration records showing that his mother was actually in brazil on 9/11,

which is interesting, considering he's repeatedly said that she was at the world trade center in new york. joining me now, cnn political analyst. he is the co-author of this will not pass. jump, biden and manager's future. and cnn national politics reporter eva. let's begin with the story surrounding his late mother. there's been a lot of discussion about how she passed and we're learning new reporting about any connection, if there is one, to 9/11. what are we hearing? >> he has told variations of the story about his, how his mother passed and he has said, or he has suggested that she died as a result of cancer that she contracted from the air caught up in the ash cloud, is the specific term that he used from her being present at the twin towers on 9/11.

cnn has obtained immigration records that prove that is not the case. she was not even living in this country at the time. so not only that he was should have he didn't die on 9/11 but she couldn't have died as a result of the tragic events of 9/11 either. >> so was this included in part, we have like a list and it's growing, as you all know, of the things that he's lied about. has he ever spoken about that in terms of recanting the statements he's made about his mother's death or is this one of the thing he's doubling down on? >> today i haven't heard him do so as yet. and many in the reporting, especially here at cnn have been careful about this. have not characterized it as a definitive lie but have said there continues to be questions about this statement. now, we have obtained these immigration records that seem to suggest it is a definitive lie. she was not in the u.s. at the

time. how could she have died from 9/11, or as a result of 9/11? she has since passed but the scenarios that he's suggested don't seem to add up. >> there are many scenarios that are not adding up. if i take a step back, we can go through all the things he said. clearly the idea of his name becoming more and more synonymous with deceptions and lies. unless he wants to resign, or he does resign, or they expel him from congress and there is no appetite for republicans to do so. i'm wondering at what point there will be that pendulum shift away from the interests by the electorate and the, well, this is a fool's errand to keep looking into it. >> i was in the longworth office building where his office is. there are still cameras in front of his office.

it doesn't appear to be dying away any time soon. if we're here a week from now, we'll probably be talking about four or five other things that he's made up, names that he's had that we didn't know about. the mechanism doesn't change. it has happened twice and both times, after someone was convicted of bribery. so everything that we see of george santos that is nonsensical, made up, a lie and all of that that real legal implications, he hasn't gotten to that point yet. >> we're learning more about the story, about a dying dog. and a go fund me page and alleged stolen funds from it. and i want to say that congressman santos did respond on the record to the accusations to our own don lemon. and denying that it ever happened. and he's been pretty adamant in the past, a few examples, that

he is not a liar. that he's telling the truth. this campaign finance issue, and you have followed the number in a couple of cases and the intersection of what happened when moa money issue comes to play. is that the inquiry that regardless of what you might think about, his statements of piling on, that those are the kinds of investigations that could upset the apple cart in terms of being able to stay in congress? >> i think they could. i think the context that doug just mentioned is really important. when an expulsion happens, it is because somebody gets convicted of a crime. not just investigated but convicted. and it takes a whale, right? i think the nature of the crime could matter a lot here. if he's under investigation for a serious campaign finance fraud scheme that cuts at his basic integrity as a member of congress. i don't may not is he telling the truth about his mom but his basic integrity, is he on the

take from somebody, and that's an entirely speculative proposition at this point. if he's investigated for the allegation that you just alluded to. stealing money from a disable veteran that was supposed to go help a person's dog. if that turns out to be true, that could be really, really difficult for his colleagues to look the other way on. bottom line, it is a really tiny majority. a the democratic leaning seat. it would have to be a really big headache for it to be worse for kevin mccarthy to keep him around. >> we're talking about a go fund me site. the money was taken from that. and gofundme has issued this statement on the dog scam. they said when we received a report of an issue with this fund-raiser in late 2016, our trust and safety team sought proof of a delivery of funds from the organizer, the

organizer failed to respond which led to the fund-raiser being removed and the email associated with that account prohibited from further use on our platform. and as i mentioned, congressman santos spoke to don lemon, he said i have no clue what he's talking about. anyone who knows me knows i would go to hell and back for a dog and especially a veteran. so this is just more of the pile on effect. i have dozens of people reaching out to me in support, sharing their stories about their dogs and cats that i helped save and rescue. and yet, there is still the accusation looming from this veteran. listen to this. >> i said to him, can you please give the money back to the people, or there is a veterinarian in rich's area that we can put the money to and put night fund where he could use it time to time. it's not your money to keep. he wasn't hearing it. i called rich back horrified.

i work with veterans every day. and dogs save people's lives, you know, and he needed this dog every day to be in his life. i felt horrible to tell him that i failed him because of feeling that he was going to do the right thing and he did not. >> and you never got a dollar of the money. >> never got anything. >> the idea, this is out there. he's denying it. >> if he was running a letting charity at the time, he should have had no issue responding to gofundme. gofundme did pull down the site. we know that santos' credibility is shaky, to put it in the most generous framing. we now have this veteran coming forward. the president of a veterans charity in new jersey coming forward. putting their credibility on the line. the man in jersey still runs that charitable organization to this day. we have the corroboration of text messages being sent between

anthony -- >> the name that was given, it belongs to george santos that he used. >> yes. we know he has gone by different aliases throughout the years. so it is hard to believe congressman santos' denials because there is this overwhelming evidence on the other side. but listen. i think that we should not forget to center the concerns of the constituents in the district. this really, i think, underscores that it is going to be really hard for congressman santos to be an effective member of he was placed on two congressional committees. there will be people called before those committees. how does he conduct q & a with people before him in a legitimate fashion? >> to your point, don't you had he would be emboldened. there was a question whether he would be on a committee. there will be cameras undoubtedly, every question he

asks. anyone in the hearings. the attention will be there. obviously not for the good reason, but there are some people in this world that might surprise you who, all news is good news. all press is good press. is that part of the concern is, why doesn't this matter more in the republican party right now? is it the numbers? >> it's completely the numbers. and nothing will change between now and when the house gets back into session. except that we'll hear more and more stories and anecdotes about lies and things that were completely made up. what will politically change this, when we come back is that session, do any democrats offer a resolution for expulsion? that then changes the conversation a little bit in a way it hasn't. >> the speed at which this has unfolded over the last few weeks, i don't think anyone can say that george santos has hit bottom. the revelations day after day are staggering. it is easy for someone like me

to say, the balance of the decision still weighs heavily for republicans in favor of keeping him around. is that going to be true in a week? in 24 hours? we just don't know. >> it is hard to read the tea leaves in washington, d.c. again, if the punishment for all the revelation is two committee assignments, i'm not sure of the deterrent value. >> how do you think the committee chairs feel? they're not happy. >> they see the tea leaves and they want to read them. >> there are newly unsealed court documents revealing what evidence was found in the home of the idaho killings suspect. one of the things collected? a sample of a reddish brown stain on an uncased pillow. what else was discovered? next.

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significant new developments tonight in the investigation into the stabbing deaths of four university of idaho students. search warrants used to retreat evidence from bryan kohberger's home and office have been unsealed. he's the grad student at

washington state university who is facing four counts of first-degree murder. now, among the items retrieved, a black glove, possible human and animal hair strands, more on that point in a moment, and material containing stains. let's talk about it now with john miller, cnn's chief law enforcement and intelligence analyst, and joey jackson, also a criminal defense attorney. gentlemen, i'm glad you're here. we're learning about the evidence that was collected from bryan kohberger's residence in washington. hair and stains, there was a sample of a dark red spot. part of a mattress cover with stains. nitrate black glove, a walmart receipt, a computer tower, et cetera. what stands out to you, joey, when you see this, as a defense counsel, i'm seeing what is perhaps a murder weapon.

what stands out to you? >> yeah, without question. so first of all, you're going to examine and look at those hairs. those hairs would trouble me greatly from a defense perspective. why? because whenever a suspect commits a crime, there is transference. what does that mean in english? you leave the crime scene. you go to your apartment. what do you carry or transfer from the crime scene to your apartment? in the event one of those hairs happens to be one of the people who unfortunately are dead as a result of his alleged hands, how do you explain the hair being there? second issue, right? you know there will be all types of forensics. with respect to the dog in the home. could you imagine in the event that one of those animal hairs belongs to that dog? how do you reasonably explain that animal hair would have gotten there? no, there's not a murder weapon but what do those receipts demonstrate and indicate? that he purchased something? a weapon? so there is a lot that concern me of the warrant.

it is indicative of the police doing their job. as a former prosecutor, you know it is overwhelmingly significant in a conviction. >> we talk about the animal hair. it might not be obvious as to why this would be an issue. we know that caylee's dog was home at the time of the murders. so the idea of the significance of an animal home transferring from one location to the next. john, i want to bring you in here. this list of things that were recovered and the search warrant unsealed at this point, they were also looking for blood. and they collected a dark red spot. that's the phrase. a dark red spot and other stains. what strikes you about that? >> well, they have a stain on an uncovered pillow. they want to know what that stain is. that will undergo analysis and that's happening now. they also took a couple of mattress covers, and are looking

at stains on those. they also took the computer. the warrant spelled out they would look for any searches, for compilations on either the victims or their home address. the 1122 king street address, or anything about any of them individually or pictures of social media and so on. so from the search of the home, from the office, they have a lot to go through. and a lot of science to do before they can tell if they match. >> on the point about the search, that will be so important to think about. and we're obviously seeing in other cases that we've been tracking on cnn and beyond about what happens when one's google search might intimate or insinuate something else. the idea here, joey, of the searches, of trying to figure out, has this person been in contact with any of these victims before? was he aware of them? was he stalking in some way?

was there a connection there? how would you approach this, is there a way for his defense counsel to try to stop these kinds of search or is it really the waiting game to find out if the prosecution can meet the burden at this juncture? >> yeah, searches are very important. they gather critical evidence that law enforcement needs in order to potentially secure a conviction. what you always do from a defense perspective is attempt to what we call suppress evidence. with a does that mean? keep it outside the purview of the jury and the trial. you have to low the absence of probable cause. you have to slow the nature of the warrant should not have been issued in the first instance. very difficult in these circumstances, given that police certainly seem to have the authority to do it. in terms connections to do it, we know that the cell phone data is christian. we're in a day and age where technology is so powerful. how do you explain your cell

phone data that connects to the homes at the time that it does with regard to when the murders occurred, with regard to after the murders occurred, with respect to before, right, the murders occurred. so all of that really establishes a connection. you get the dna, the forensic analysis, and there is a lot to overcome. so much more evidence and information as well, in addition to that. the things that i laid out are very powerful for the prosecution. >> are we learning anything more about the other roommates in the home at the time? there was the initial arrest and extradition to idaho. there were questions, of course, arising from what was revealed. tell idea that somebody else was there that may have seen this person. and had come into contact, though wasn't entirely clear whether the suspect in the case actually saw that person. are we learning anything more about that evidence? or the other roommates? >> we haven't. what we have learned is that is the only living person that the prosecution and the

investigators have who saw the killer face to face. although the killer was wearing a mask. that is a highly valuable witness in this context of the case. and it is someone they're not just seeking to keep out of the press but the search warrants that we're talking about today had been sealed for, strictly for the purpose of redacting their names. when they were released today, only the initials were used. so this is somebody that they're very interested in keeping under wraps, even though the suspect is now in custody. >> you can imagine why, of course. talking about college students. i can't imagine the fear of what they're all going through. and of course, the survivor as well. nice to see you both. thank you. we're also learning about an upcoming book. this from a former prosecutor who investigated donald trump. that has the manhattan d.a. saying, huh-uh.

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there are concerns over whether an exprosecutor's book could damage the manhattan investigation into one donald trump. the d.a.'s office sending a letter to simon and shuster and the former prosecutor asking for 60 days to review the contents of his new book. that book is supposed to come out next month and promising what is an inside account of the ongoing investigation. now, he was brought in as a special prosecutor under the then d.a. cy vance before resigning over disagreements over seeking indictment of the former president. based on the prepublication

descriptions of his book, and the benefit of current knowledge of the matter, but without access to the manuscript, this office believes there is a meaningful risk that the publication will materially prejudice ongoing criminal investigations and related adjudicating proceedings. i should mention, simon and shuster published my own book. i want to bring in political commentator maria cardona. elliott williams is here as well. i think we have to set the scene for a second. because this is the same person, the same attorney who wrote a blistering resignation letter about his time at the d.a.'s office. and i'm quoting from it. he says, i believe donald trump is guilty of numerous felony violations of the penal law in connection with the preparation and use of his annual statements of financial condition. the team that has been investigating mr. trump harbors

no doubt about whether he committed crimes. he did. i believe that your decision not to prosecute donald trump now and on the existing record is misguided and completely contrary to the public interests. of course, that makes people want the lean in and go, what is in this book that might be driving the concerns? but there is an ongoing, that's the phrase, ongoing criminal investigation which might be news to some people that it is still happening. are they right to meet this review? >> oh, they are absolutely right the need this review. let's set aside for a second the merits of the book. whether it is right to prosecute him or not. put that aside. how is it humans possible for him to write a book that doesn't either, a, break some office confidentiality, or even maybe the law if there is grand jury issues. in the promotional materials for the book, what they say is a fascinating inside account of

the attempt to prosecute donald trump. if you believe the office, they're still trying to prosecute donald trump. so how can a book be written that doesn't violate office secrets, if this investigation is still going on? so look. we can all be surprised by what is in it. maybe he figured out a way to write it neatly and cleanly around the office policies but it seems a little close to comfort. it's not uncommon for books when exgovernment people write books to have the government review the things you've written. maybe that happens here. we'll see. >> and there is the big "if." let's broaden that out for a moment here. although the trump organization was convicted last month of the decade-long tax fraud scheme, the d.a. said they closed one chapter and they're opening another. by the time of this scathing resignation letter, we were under the impression that there had been an indefinite suspension of any kind of investigation into donald trump.

so i wonder, is the thought of this, maria, look, are you saying it's suspended because you're an official? if you're , are you saying to silence the book? >> that letter describes a lot of the frustration from democrats and progressives who absolutely believe that there is not just one but several ways that you could criminally prosecute donald trump, right? i agree with that. but at the same time, a lot of times we don't know what is being investigated, right? that's the soul reason why a lot of these investigations are secret. and sometime we shouldn't know everything. and if they are continuing the investigation, and if there is still an attempt to prosecute donald trump, then again, as a democrat and a progressive who wants to see this man behind bars, i say, yes, more power to

him. let's give him the benefit of the doubt and do everything that we can to make sure that when and hopefully -- when he does, right? not if. hopefully when he does, that he's able to do it cleanly. all the ts are crossed and the is are dotted. that it is airtight and nothing can come back to say that doesn't count because of this leak or that leak. >> the d.a. office brought this on their own damn self. by not being clear whether it was an open investigation or not. so they left this vacuum or this void for one of their former guys to come in and write a book. >> and i will say, one of the things that the d.a.'s office in manhattan, what he had to say was, talking about the disclosures. these procedures which he agreed to in writing in 2020 were that it in place to ensure the integrity of investigations and

prosecutions conducted by this office. he has neither sought nor received approval to make disclosures relating to ongoing matters at the d.a.'s office and this office has not reviewed any drafts or excerpts of his manuscript. on the one hand, it's the balance. the public is hungry for information, trying to understand the nature of decisions not to indict or to indict the whole process. balanced against the perspective harm on investigations. but there is still, you know, perspective and speculation on that part. politics keeps coming into play when you're talking about how people perceive investigations into donald trump. is this kind of thing more ammunition for him? >> i think absolutely. in public life, in politics, resignation letters are often basically a statement of an agenda. in this case, wasn't a resignation letter. it was a press release that you could almost read into, oh, buy

my book. he didn't say that but there is something here. the challenge for prosecutors, prosecutors take a long time for a reason. they don't want to indict somebody and then lose. they want a conviction. i have some sympathy for merrick garland who is really getting pounded by the left every day because donald trump isn't in jail. if he indicts donald trump and loses, then why was he indicted? so you need an air tight case as you can have. they take a while. >> there was a conviction at the trump organization. obviously, an entity as opposed to the individual. a that was a civil matter. there is still an appetite for a criminal prosecution, as you well know. to that point, do you think the patience collectively is waning? especially among democrats about what to do. i mean --

>> absolutely. i'll answer the question. yes. >> the next question is, what do you do about it? >> i think that's where you have to take into consideration, and it's hard because we have no idea what the d.a. has, right? that's part of the frustration. and i don't know if there is a way for him to come out to your point and say one way or the the other without giving it all up. because yes, we are impatient. and if this is not going to amount to anything, and the d.a. already knows this isn't going to amount to anything, then that's one thing. and i think that is something that everybody will be pissed off at if that is ever found out. if there is a possibility that this investigation, and let's remember, pomerantz has not been there for over a year. he doesn't really know what has gone on in the last year, right? michael cohen was brought in for interviews. and he is like part and parcel

of everything that was happening with donald trump. so maybe it is still happening. maybe it is really ongoing and he is buttoning it up. our patience is waning. >> well, simon and shuster does intend to publish it. it will be out february 7th. >> is there anything to stop it? >> that's the million-dollar question. we'll see what happens on february 7th. but pomerantz did tell the "washington post," i'm confident with all of my actions including the writing of my forthcoming book are skimt with my legal and ethical obligations. so whether we see

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well, there is chilling new evidence tonight against brian walsh, the massachusetts man officially now charged with murdering his wife, anna. prosecutors are investigators -- found items in several trash