anywhere near. that >> so $56 million when joe biden was born, that's the equivalent of ability today. >> correct. and about 100 million when you were born is about a billion today. >> fascinating. >> inflation really have a whole. >> is it wise to take the lump sum. >> absolutely. you can invest in different ways. if you're gonna invest, there you can invest in different ways. it depends how much inflation. >> if you're gonna grow crazy implode, all is not a good idea. >> it depends how good you are within. money ask of self that question. >> news continues, erin burnett outfront starts next. >> out front next, breaking news on multiple fronts -- -- exclusively -- doj. meadows, one of the highest ranking trump aides to be subpoenaed. this is the trump special counsel we are learning is locked in multiple court battles. the details next. and a battle brewing in texas tonight after university professors were asked to give a statement on their commitment to diversity. -- it's a statement story you will

see first here on out front. -- massive reeducation effort. it's a damning report, saying some of them are up for adoption, others being trained now to join the military. let's go out front. good evening, welcome to a special edition of out front. i'm erin burnett. we begin with breaking news, tonight for trump's former chief of staff mark meadows subpoenaed by the special counsel investigating the former presidents attempt to cling to power. of course, remember, meadows helped lay the groundwork for trump's election lies, which ultimately feel the outrage and violence that we all saw on january 6th. he was literally by trump side during the insurrection itself. much more on that in just a moment -- because there is so much breaking developments here tonight. we also have other breaking news this hour from the justice department. we are learning that the special counsel investigating trump's locked now in at least eight secret court battles. the special counsel jack smith trying to uncover what he believes are some of the most closely how held details about trump's actions after the 2020 election. and also his handling of classified material. and, on

top of that, news there's also this, relating to biden's handling classified documents. the fbi reviewing materials found during two searches we have just found out about at the university of delaware. all of this developing here in late hours of the evening. let's begin with evan perez. evan, so much to keep track of in the news. literally in the past hour. and two -- breaking one after the other. let's start with mark meadows. what more are you learning there? >> meadows is being asked for documents and for possible testimony. and of course, erin burnett, you know he is he in two parts of this investigation now being led by jack smith, and the special counsel. obviously, he knows a lot about the way the documents were found in mar-a-lago, the classified documents. he knows a lot about the process that involved there at the former president was shutting down there is leaving the former white house -- and of course he was, as you, said a key witness in some of the activities as the president

was trying to overturn the 2020 election. so you can see why jack smith would want to talk to him on both of those investigations. and we know that meadows had previously turned over documents that he had already given to the january 6th committee. and they anticipated, meadows and his lawyer, anticipated that justice department would come back to ask for more. and now they have. so the question, is what happens now? is he going to provide that testimony? or does it produce a clash over executive privilege. because obviously, mark meadows is one of the closest aides and most high-ranking aides of the former >> all right, so that's an important step here where subpoena. and it certainly shows the intensity and the pace of what we're seeing with the special counsel. also, though, the eight secret court battles, or at least as eight as you've been reporting, evan, that the special counsel is engaged in. that is a lot. obviously, all those things matter. what more do you know about it?

>> meadows is likely to become another one of those, erin. because the special counsel's fighting these battles with donald trump and his allies who were fighting tooth and nail over every one of these subpoenas, trying to figure out ways to shield some of their testimony and some of the document that the special counsel is trying to get. and the unusual thing is that this is not how it normally works when an investigation is still ongoing. what you're talking about a notoriously litigious person, donald trump. and so we know of at least eight of these court battles that are going on, under seal, before the judge who oversee the grand jury. a couple of them, wheeler just do this week, evan corcoran, one of trump's lawyers is being asked to provide additional testimony, despite the fact, obviously, that he's a lawyer. he's trying to shielded under attorney client privilege. there's also scott perry, the representative from pennsylvania. the justice department is trying to get access to a cell phone. there's a number of others going on behind the scenes. special counsel is saying, look,

because of the intense public interest in this, we need to keep these secret, which is kind of a bizarre argument to be making. >> evan, thank you very much. as all of this is developing late in the night, let's go straight to our panel. let's begin with you ryan, on the legal part of it. meadows, obviously, had given some information to the committee. and not, obviously, down with the full testimony. now here we are subpoenaed. i want to put this in the context of had there been a debate recently, because meadows has been quiet, as to whether he was cooperating. does this put that to bed? meaning, he was -- this point? >> it sounds like is the breakdown. and he was not cooperating. and it also maybe puts the, bed or at least reduces the likelihood that he himself is a target of the investigation. the justice department is less likely to subpoena someone who is a target. on the other hand, jack smith is actually a very aggressive prosecutor. so maybe he is going after somebody who is a target. >> so it does not really take that off the table. which could be significant. what does it ultimately mean when he claims,

as it is clear, from whatever was saying, he will climb executive privilege? does the stand up? how long is that drag out? >> i think if jack smith once mark meadows testimony, he will get mark meadows testimony. i think if he does executive privilege, it's a loser -- there is a unanimous, and an ambiguous supreme court case with a sitting president, let alone a former chief of staff united states the nixon -- the judge in this case, cnn news as reported has already decided against executive privilege with the white house counsel, deputy white house counsel. that's done. the supreme court had an opportunity to grant executive privilege on the documents that the january six committee wanted. and they did. not and those are the same arguments. executive privilege for documents that included mark meadows, his correspondence. it's -- that's a dead. there's no way that jack smith will not succeed on that one. >> all right. so we said all words lead to mark meadows. and i do. you have him involved on the call to brad raffensperger, going down and visiting georgia election offices, going down in

legally in the oval office and people finding ways to undermine the election results. all of that, and then of course, cassidy hutchinson into the january six committee, said this, scott. >> i remember pat saying to him something to the effect of, the rioters have gotten to the capital, mark. we need to go down and see the president now. and mark looked up and said, he does not want to do anything. pat -- and pat said something to the effect of, and very clearly, said this to mark -- something to the effect of, mark, something needs to be done or people going to die. and the blood is gonna be on your effing hands. >> the mark is mark meadows. >> yes. >> obviously, what he has to say is enormously important to finding out if crimes were committed here. i still think we all sort of know what happened, generally. but when you get down to the core of what was on trump's mind that

they and were crimes committed, who apart from nato is going to have better information? i was listening to you, erin, read your monologue about everything going on today. i was thinking, this is a really good commercial for both political parties to get new nominees. you have trump stuff that's all over the place. there's biden documents. and all of this is unfolding while the presidential campaign is unfolding. and if indictments are to come and things are to fall in any of these investigations, it's going to happen over the next few months while the american people get to know these new presidential candidates. i think the political implications here, regarding the timing of all of this really serious given that the campaign is on. >> and i want to ask ryan about the timing. but first, maggie, you have trump fighting obviously -- pence has been subpoenaed and he's fighting back. he's using executive privilege. pence actually is a different argument. now he's got to fight meadows. plus he is everything else going on he's fighting. as he's technically a candidate. >> i actually think, as interesting as the subpoenas are, and they're aggressive, and very important to know ten

report -- i still think the most important thing that has happened that we know of in the last 24 hours -- i'm not saying this is not -- it's a story that we broke last night about the fact that the justice department trying to compel testimony from one of trump's own lawyers. i think that is a huge threat to trump potentially if the judge grants it. and so you have these myriad threats. you have this. meadows, i assume, will try to invoke executive privilege because meadows sort of have cooperated with the j six made a, gave them the roadmap by turning over so many of these texts. but then would not speak to them. we have no idea what he's been doing with them. this is not the first subpoena he has gotten in this j 6th case from the doj. this was at least the second one that we know of. there was one earlier last year for documents. i'm not sure where this all goes. but, yes, this is an unheard of situation where there's someone who was the first candidate declared in this race running with this crush of investigations taking place. it is impossible to compartmentalize and not see

how one has to do with the other. >> and when you say, crush it means a crush -- you have georgia, classified documents, new york, doj -- you have all of it. and it's all very serious and all very real. mondale jones, i just want to mention here, the biden situation tonight is that they searched the university of delaware where he had donated a lot of papers. that a lot of stuff, nothing at this point seems to be classified. and they had said, go ahead and search. so, they were very open to it. again, i don't want to say there is no classified. but at this point does not appear that there is going to be any classified information there. but you've got a special counsel there as well even though the classified document situation, of course, is quite different than trump's. >> you do have a special counsel. and people will quibble with whether the appointment of the special counsel was appropriate. i think it's a reasonable thing that merrick garland did in this case just to avoid the appearance of any kind of loyalty from the attorney general to the president. critically, this is a president that has cooperated every step of the way. and i think when you look at the polling even on the subject,

the american people generally understand that this is a different situation from the biden documents and the way he has treated this are a fundamentally different situation that donald trump, for example, has treated these documents. i would put even mike pence, as far as what we have now, as far as what has been reported, in the same category as joe biden, who has been cooperating. >> enough for snow special counsel you had in that situation -- and this question, though, in this unprecedented moment, maggie talked about this crush of issues that trump is facing -- there's special councils. so, when do we know? and this is actually clogging the whole pipes for the entire presidential race. because if trump is indicted, what does that mean? for desantis? it is in everybody's calculation. are we going to find this out imminently? when you look at what jack smith is doing, when do you get an indictment or not because of my documents? when do you get an indictment or not on the january 6th? >> putting together the times reporting that jack smith wants to make a decision by this summer to avoid these kind -- of >> that seems like a long way away.

>> yeah, the next few months. let's put it that way. he makes a decision at that point. he also has to deal with these eight secret battles. but some of them, i think, will be resolved quickly, like executive privilege. and with others he might to say, look, we have to go. we are not going to wait for scott perry's phone. he has to make a very big call. because i do not think he's going to be able to get mike pence's testimony on some crucial matters by then. it's going to be litigated. >> we also don't know whether merrick garland will sign off on whatever recommendation jack smith makes, if jack smith recommends indicting, which adds another layer to. this. >> it's incredible and unprecedented. >> everyone's waiting on, this and no one knows what they're waiting on. this is it. this is american politics. >> by the summer you will have trump with four or five or six other candidates of running around the country campaigning. this could show up and -- >> and it's amazing. >> it will really roil the campaign in ways i think we don't quite know yet. >> all right. i'll stay with me. thank you. next, a controversial professor

from idaho -- is controversial because of things like this. >> young men must be respectable and responsible to inspire young women to be secure with feminine goals of homemaking and having children. >> okay. why is he in the news? well, he's getting a whole lot of support from governor ron desantis and his wife casey. plus, sickening new allegations of russia kidnapping and brainwashing thousands of ukrainian children. some, just babies when abducted -- new details ahead. and the outrage in ohio after a train derailment led to catastrophe. the train company tonight backing out of a town hall, saying they are receiving threats -- ohhh, she's so powerful, she carried on the family legacy. we were blown away. (chuckles) i not only was a student and an undergrad, but i've been a professor there for twenty years, so it's really a special moment to know that i had a family member who over a hundred years prior have walk these grounds.

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wealth plan can help get you there. j.p. morgan wealth management. >> tonight, the current front runners for both parties in 2024 a facing questions about their age and fit is four of us office. obviously, i'm talking about the two men on your screen, joe biden and donald trump. because it's just hours after nikki haley suggested both of them are too old to be president. >> america is not past our prime, it's just our politicians are past there's. in the america i see the permanent politician will finally retire. [applause] we'll have term limits for congress! [applause] and mandatory mental competency

tests for politicians over 75 years old. >> let's go straight to phil mattingly, he's at the white house. okay, phil, shot over the now for both trump and biden, both of them are in that age category. what is the white house saying about this? >> erin burnett, nothing, which i think is as much a reflection of their view of the candidate at the very early stage of the republican primary, as is the implicit attack itself. when you talk to white house officials, you talk to president biden's political advisers the ramp up for the campaign, it closely watching republican candidates or potential republican candidates. the democratic national committee is keeping research in opposition research books on everybody who could possibly run. so, it's not that they are ignoring the potential field of the field that's developing up to this point. but they also understand that it is a long pathway for former president trump. and still very much in the race will likely do much of the counterattacking for them on this particular issue. and to some degree, he's the president of the united states. i think when you talk to officials here, as they tried to game out the months ahead, particularly in this the year

of 2023, what they are more focused on the nothing else is the fact that the president both has an agenda that he has enacted into law, that he can talk about, that he can campaign on, that he can really focus on over the course of the next several months -- but also that they believe that it lays out a very clear path forward that he can talk about if and when -- we expected very much to be when -- he decides to launch a campaign. erin burnett, it's worth noting that they are not aware that age is clearly an issue. they understand the public polling. they have private polling as well. he's the oldest u.s. president history. he would be two years old, or two years from now, to finish a second term, he would be 86. they get all. that they understand that they are very real concerns not just among some democrats but also along the american. people and i think to some degree, when you talk to them about this issue, they say two things. number, one they believe that the record of the first two years combined with the belief that his experience, his time here in washington, the amount of time he's been spent working on these issues as part of what drove that record. but also the fact that they believe that the experience, as

they look at a republican primary, they believe will be both chaotic and, in their words, somewhat extreme, will end up winning the day. it's a calculation that does not necessarily mean it is going to be borne out. that's their view of things right now. still, they know it's an issue. and i should note the president is going to get his annual physical tomorrow morning. >> that's right, tomorrow morning, he's going to do that. thank you very, much phil mattingly. everyone is back with. me s. e. cupp with us -- -- nikki haley, it's -- it's only being talked about among democrats but she was making the trump to point as. well well biden already the oldest president, as well said. at the end of his term he will be 82. the only that trailed behind -- reagan at 77 and trump was only four. so donald trump is turning 77 in june. they're both -- okay, you have a few years apart but this is where we stand. and nikki haley comes out and, says mental competency test. >> yeah, listen, i was not mad at this. i was not mad at the end of the permanent politician.

term limits -- and i'm not mad at her identifying the correct problem, which is that we've had a lot of older politicians and leaders who are a bit, i think, past their prime, and we would like some fresh blood a new faces. the problem with this theme of hers is that her generational differences are, as of yet unknown. because everything she talked about sounded very much like trumpism, trump light, trump without the bad words and the ad hominem. is she bringing a generational difference in terms of policies? is she going to try to broaden the republican base and win new kinds of voters? we're there she stand on, guns, for example? is she going to carry the ages old fetishes a shun of black guns that the nra has a spouse for decades, or many -- where they are today, which is, calling for common sense gun reform? what about her is in relation really different other than her

age? if it is just your, age well, that's identity politics. and i'm pretty sure republicans would call that woke. >> and mondaire jones, if it's just about, age age is -- 's age what determines mental competency? >> no, it doesn't. i think that mental competency tests, as unconstitutional as they may be, by the way, our nice theory, and they should be applied across ages. somebody younger, republicans, in congress, for example, would fail mental competency exams. >> just the republicans? >> marjorie taylor greene. lauren boebert. people inciting violence at the capitol, for example. i welcome a conversation on the democratic side that compares to those people. i think she is leaning into generational stuff because she's uncomfortable taking trump directly on policy. and i don't think in a republican primary the generational argument is as compelling, especially when you're not offering a difference. where are you on climate science? where are you and guns, for example? >> tech and innovation?

lots of issues, i think you are, right that appeal to voters. beyond just, this is someone young -- >> in a general election -- i think leaning into the general generational difference, which will be done for her, optically would be a more compelling argument. >> you're raising the term identity politics. i've been thinking about this since watching her speech. because she actually invoked it. she said, may the best woman win. i don't believe in identity politics. >> right. >> but then also she leaned in on the identity of people who are older than 75 years old, -- that's versus younger than 75. this is one of the things about are that people have always perceived. she's always trying to have it both ways on a lot of issues. i want to be the identity politics republican, but i don't want you to think that i am. i thought that was a strange, frankly, thing to say right after having invoked, may the best women win. >> the other saying she did was leaning on woke, which is a favorite word now among the gop. and in fact, both the declared and yet undeclared likely candidates for the gop nomination have all spoken out

on this issue. here is nikki haley and others. >> i see a strong america because i see a proud america. strong and proud. not weak and woke. >> we will never surrender to the woke bob mob. florida is where woke goes to die. >> i think he's absolutely right that the wokeness is really invading this culture in a very negative way. >> they love. it woke, it's a buzzword. and it works very well with a certain group of republican voters. so you're going to hear nikki haley say. it of course, with ron desantis, there's every indication you're going to hear him say it a lot. it's actually, to scott's point, it's speaking against identity politics. except the reality is, republicans actually really do like identity politics. and they focus on them in a number of ways. we will see that as well. i think this is not going to be going away. what i'm mostly interested in is why nikki haley is focusing

on this age issue. because it's one of the only ways you can separate from donald trump safely. otherwise, there's not much more that she can say. because she is not really dividing from him. and she served under him. and so the thing that she can say that is the safest is that he is old. and that is just not disputable. >> not disputable -- all right, now, on the shoe, governor desantis, as you point out, he says that all the time -- first lady casey desantis recently tweeted, thrilled to welcome scott yen or from the clermont is the two to his new home in tallahassee, protecting americans from infringing woke ideologies, an important work, and we are grateful, scott the clermont institute protect florida to -- claremont as a conservative institute. -- came from boise state him he was a controversial professor there and this is just one speech he gave in 2021. so, this is just one little speech. here are a few little things he's head. and here he is. >> today, america is destroying family life. how?

feminism and sexual liberation theories above all. our independent women seek their purpose in life in mid level bureaucratic jobs like human resource management, environmental protection and marketing. they are more medicated, meddlesome and quarrelsome than women need to be. young men must be respectable and responsible to inspire young women to be secure with feminine goals of home making and having children. every effort must be made not to recruit women into engineering, but rather to recruit and demand more of men who become engineers. ditto for mid school and the law and every trade. >> i can only pray casey desantis did not know about that. i say that facetiously. obviously, they know his politics in general. but you have to own that. >> yeah. i don't know what this guy's going to be doing on daily basis. i would hope it's not giving

some variation of that speech for ron desantis's sake. i would also just say to my wife, who is at home tonight, an accountant, raising our kids. thank you so much. -- >> don't worry, i'm not going into engineering anytime soon. >> politics to me -- you mentioned it -- do this. >> right -- >> i agree with scott. i don't know what he's going to be doing. i don't know what his actual involvement is. but those are the kinds of things that people who don't like desantis are going to point to to try to make desantis -- >> right, and it wasn't discussed just desantis -- casey desantis is the one who tweeted that. it's not like, oh, casey, can you do this. she would look into it before she did it. she knew who he was. >> and someone with his views is now going to be helping to craft policy for the state of florida, right? so even if he's not giving the there was speeches, we know what his mindset he is and what his lands a's when it comes to arrange of things. it's just really problematic, i do think

it's identity politics. i think it's identity politics with other people are doing -- it but now when the perpetrator of identity politics is doing it, when it becomes problematic. >> i just have to say, i would hear, that i'm like -- i'm amazed and appalled to even hear those words. >> i don't agree with him. it's cheap and lazy. it's clickbait he kind of stuff, although i have my own critiques of feminism and liberalism that are not radical at all. but i don't know what he's going to be doing. i'm not mad that he's going into a conservative think tank. and honestly, i'm not all the surprise that he might be advising on legislation that sounds very much like ron desantis. and i wonder if we would be having the same conversation if we found out that some progressive, far-left liberal professor was going to be advising someone like liberal bernie sanders or aoc on anti-policing or socialism. i don't think we would have that conversation if that were the case. i think we are pointing this out because it's far right and cringey and fringy and extreme. but i am not surprised.

>> all right. thank you all. and next, ukrainian mothers desperate to get their young children back from vladimir putin's grip. we investigative ridge occasion camps across russia and the dangerous mission to save thousands of families children stolen from their families. the demands for answers from the train company behind the derailment in ohio that has led to an environmental catastrophe there. the company tonight actually canceling that town hall with angry citizens. we will take you there live. get refunds.com powered by innovation refunds can help your business get a payroll tax refund, even if you got ppp and it only takes eight minutes to qualify. i went on their website, uploaded everything, and i was blown away by what they could do. getrefunds.com has helped businesses get over a billion dollars and we can help your business too. qualify your business for a big refund in eight minutes. go to getrefunds.com to get started. powered by innovation refunds. (vo) in the next minute, 250 couples will discover...

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to support putin's -- the report says these children are being held in at least 43 facilities from russian occupied crimea to the east of russia. and it alleges that some are put up for adoption. others are already being trained by the russian military. david mckenzie is out front in kyiv. >> weeks, ago we first met tatiana in kyiv. in a shelter for displaced families. all of the mothers here separated from their children by the trauma of war. >> translator: emotions overwhelmed me when we left. when i realized what was happening, it terrified me. all i ever wanted was the best for my child at the time. >> her 11 year old daughter, stuck in a russian camp in occupied crimea. all the lessons are in russian. at first glance, the retreat seem seems like any other summer camp. but the loyalty expected from ukrainian children is crystal clear. part

of one of new yale university study call systematic reeducation methods. but tatiana and lilia's story began year ago, their hometown of kherson fell quickly to advancing russian troops. within days, the occupiers began a campaign to ossify the population. often coercing thousands of parents like tatiana to syndicates the camps. but when ukrainian forces took back kherson in november, tatyana's daughter was on the wrong side of the frontline. >> rescue mission for children who are abducted. now in russian federation and in crimea. >> nicola, the founder of save ukraine, declined to say how exactly they negotiated entry into energy enemy territory, just that the mothers can't do it on their own. >> it's impossible to communicate with any russians because you can ask these mothers, they don't want to give children back. >> but tatiana was ready to take the risk.

>> i'm worried, of course. you cannot even imagine my emotions inside. 80s fear and terror. it's emotional that i could see her soon. and this is a big deal for me. >> 11 mothers and one father putting on a brave face. but there's is a perilous route. from ukraine by road to poland, into russian ally belarus, through the russian federation, to occupied crimea. >> translator: we were counting every kilometer on approach. i could feel it with every cell of my body. i was very emotional when we were closer and closer. >> save ukraine spent many months planning this moment. >> reuniting families shattered by war, returning children who just wanted to go home to ukraine. >> once i entered, to me, it was an outburst of emotions.

once we embraced it was like a a great weight lifted. >> in the end -- gave up the children willingly. but ukraine says that hundreds, perhaps thousands, remain. our two countries are at war, says tatyana. but there are good people everywhere. >> you saw that desperate journey the mothers took to get their children back from those russian camps. there are many, many more like it. the russian embassy in washington is saying that the yale university report is absurd. they say they are just trying to keep those children safe. but in fact, there is clear evidence of indoctrination going on. erin burnett? >> thank you very much, david mckenzie, from kyiv. i want to go now to retired army general mark hertling. general, this is what you see in genocidal campaigns. they're taking over children, young children, training them for the military, training them to be russian, indoctrinating them. what does this say to you? >> it tells me the russians are trying to eliminate the culture

of ukraine and subjugate the ukrainian population. but more importantly, erin, it is a war crime. it's a direct violation of the fourth geneva convention, relative to the protection of civilian persons and the time of war. it's specifically violates protocol one of the convention, which talks about women, children, civilian medical personnel and special protection for journalists. it is what we've come to expect from russia. as a former soldier, erin burnett, i saw many things in combat that were horridest gusting. but this is despicable. as a father and grandfather, it is evil, and human, and unimaginable. i cannot imagine what these mothers and fathers are going through seeing their children taken away from them and sent to russia. >> i just think incredible pain. with the ethnic cleansing, you may never see that child again. if you are, it is unbelievable

pain. it comes, of course, general, as we understand that putin and that leader of belarus, lukashenko, will be meeting earlier this week. lukashenko has offered to store nukes for russia if he wants. and now we know there is more air from russia building up on the northern border with belarus and ukraine. how likely do you think an offensive is from belarus in sort of what we're hearing from ruston western intelligence as the real fear, of a massive aerial assault coming from russia that we haven't really seen in this war. i do not think a ground incursion from belarus is likely other then if it's russian forces, erin burnett. i do believe there's the potential for massive air attacks from russian air force out of belarus. in fact, about 20 minutes ago there have been air raid sirens going around all over western ukraine.

that's with a lot of aircraft coming in from belarus. also, with missiles coming in from the black sea. so what russia is attempting to do is cars ukraine to look at multiple directions. while the ukrainian forces are focused on the frontlines in the east and the southeast, and trying to block missiles that are coming into their cities, russia is trying to give them more dangers from different directions to cause them to slip out there in defenses. i think that is what you're seeing right now. i think that is what we'll see in the next incursion of the russian air force coming out of belarus. >> thank you very much. general hertling, as always. >> thanks, erin. >> next, an epic clash in texas after a university asked prospective professors for their statements on diversity. what they want to hear? is it acceptable for that to be part of the hiring process? it's a story you'll see first out front. the company that owns a train in the hazmat derailment out of ohio backs

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is first out front. >> you've heard politicians railing against critical race theory. >> critical race theory is bigoted! it is a lie! and it is every bit as racist as the klansmen in white sheets! >> but now, conservative activists are embracing a new fight against programs known as diversity equity and inclusion initiatives. d e i is the new crt. >> we want education, not indoctrination. >> the debate has made its way to texas tech university in the deeply conservative city of lubbock, texas. a group called the national association of scholars released nearly 100 pages of documents related to the hiring of four biology professors at texas tech. the interview process included meeting with the d e i committee and to give a statement on their commitment to diversity. the documents reveal critical notes on how well the candidates understood the ei issues.

one perspective professor came across as a bit tokenism of minoritized individuals. another candidate weakness was flagged as poor understanding for the difference between equity and equality. >> i think that's wrong. >> steve -- is the founder of the national association of scholars. >> my quarrel is not with people who think diversity, equity, and inclusion are good things. my argument as the -- is turning them into dogma. -- they are terribly counterproductive. >> texas tech officials find themselves in the crosshairs. we sat down with the school's president, lauren. >> in the statement that the university put out last week. they said, we immediately withdrew this practice and initiated a review of hiring procedures across the colleges and departments. we will withdraw the use of the statements and evaluation rubric's if identified. >> we can see that this can be

viewed as possibly exclusionary. so we want to step back and review the whole process. >> do you worry that appeasing some people because they might perceive something as appropriate sends the right message? >> i don't see this as appeasing. i think we have to respond to the concerns of people out there. we have to be pragmatic. and acknowledge issues being raised. >> it's nothing more than an effort to dismantle the work that has been done for at least the last 60-plus years. >> paul let granberry russell is president of the national diversity officers in -- higher education. she says scholars and politicians are using the ei to fuel the base of conservative voters and misrepresenting the purpose of dei initiatives. >> this is not a situation where some are intending to take access away, but to expand access. >> texas tech officials are walking the tightrope of red

meat politics and serving a growing,, diverse student body. >> this university has grown and thrived because we've been able to recruit and support a diverse student population. we are totally committed to supporting a diverse campus community. >> so, ed lavandera, this -- is the ei has become kind of a code word for both the left and the right. those words mean very different things to different people. what are politicians in texas saying about the ei, which, of course, is diversity, equity and inclusion? >> as you can imagine, conservative texas republicans latching on to this -- texas governor greg abbott to put out a letter to state agencies last week reminding everyone, using dei in hiring is illegal. texas tech officials insist there is nothing illegal about the hiring process down at the biology department. and state lawmakers requesting the texas chancellor, saying

they were confused and concerned about all this. that is what dei supporters are worried about, that this will be this distorted in much the same way that critical race theory was as well. >> all right, ed lavandera, thank you very much. and next, one of the many questions families are asking tonight, are my kids safe? that is what they are asking. the state of ohio, nearly two weeks after the toxic train disaster. ♪ hey, heading on a family trip? nah, sorry son prices are crazy,

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>> tonight, outrage in ohio -- residents in east palestine demanding answers about the safety of the air and water after a toxic train accident. the norfolk southern train, carrying hazardous materials, crashed. -- in front of that burn for days. representatives from the company backing out of the meeting tonight -- citing threats. jason carroll was there and he is out front. >> everybody that came here expects a heck of a lot more than what we are getting right now. >> frustration, anger, and unanswered questions in east palestine, ohio. >> -- >> my kids, say other people, say it's a feature of this community, safely. >> not present at this

community meeting, a representative that many wanted to hear from. in the 11th hour, norfolk southern railroad, the company responsible for the toxic train derailment, sent a statement saying, in part, we know that many are rightfully angry and frustrated right now. unfortunately, after consulting with community leaders, we have become increasingly concerned about the growing physical threat to our employees. with that in mind, norfolk southern will not be in attendance this evening. cleanup efforts are underway to, governor telling residents wednesday the municipal water is safe to drink. the statement comes after new test results for the state environmental protection agency found no detection of contaminants. officials say the toxic spill was largely contained the day after the derailment and that tests have shown the air quality is safe. and while state officials say municipal water is safe to drink, they are still suggesting those with private wells get their water tested.

in the back of your property back here, they found -- >> kathy reade says she has been drinking bottled water instead of well water every since she started spotting dead fish in the creek following the derailment. she says she is still waiting for the state to come and test her well water. >> air wise, i feel okay. water wise? no. there's just too many chemicals and stuff that we're spill that day. they still don't want to identify completely. >> i know high department of natural resources official estimates some 3500 fish in the state have died following the trained away almond. these people saw the flames from their homes and worried their neighborhood still may not be safe. >> i don't recommend you put anything in the ground, vegetables or tomatoes or anything this year. because we don't know. >> i don't think they are going to do enough. >> some residents say they have been frustrated by what they described as a lack of communication with officials on the ground.

>> we pass all the creeks. and there's crew after crew with white houses and black houses all through the creeks. they are not telling us why. and this is daily. i'm driving my children to school pass all of this. and they are asking the questions that i don't have answers to. >> we found getting information just as challenging. >> we are just trying to get a sense of what those pumps are. can you -- >> norfolk southern can tell you everything. that's the hotline. they can tell you everything. >> you realize, people are calling this number and no one is getting back to them. >> we are just told to direct people to that number. >> the governor, asked by reporters tuesday, if he would feel comfortable living in east palestine. >> i think that i would be drinking the bottled water. and i would be continuing to find out what this the test we're showing as far as the year. i would be alert and concerned. but i think i would probably be back in my house. >> but residents like kathy say they are left with few choices.

>> just -- just pray and keep drinking bottled water until we know for sure what is going on. >> and she is still drinking bottled water. and erin burnett, as things wrapped up here, the folks that we spoke to as we left, who are still feeling frustrated, still feeling like a lot of the questions have not been answered, especially about testing the well water, how long the epa will be on the ground testing things. well, tomorrow, the epa administrator michael regan is heading in from washington d.c.. he will be on the ground to assess everything that's going on here. erin burnett? >> jason carroll, thank you very much. -- cnn tonight with alisyn camerota is next. plates. plates. plates. there's somehow no better way to travel this place, than on a plate. and when you add price drop protection, expedia pays you back if your flight becomes cheaper. so you can taste your way, through every single plate and never wonder if you found a good deal.

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>> hello and welcome to our viewers joining us here in the

united states, and all around the world, i'm