ground. for those of you who had your money on zuckerberg on the other hand, he is a known fighter. and somebody who has also trained with lex friedman. you might want to reconsider. that is if the fight even happens. because elon musk mom, may mask, is checking in and says that she is canceling the fight. so i guess we will have to wait and see if this when even happens. thank you for joining us tonight, cnn tonight with alison camerota starts right now. i'm with her. thank you very much. good evening, everyone. i'm kamarata. remember when donald trump

wanted to find more votes to overturn joe biden's victory. that official talked to jack smith's investigators. one of donald trump's former white house lawyers is here to explain what that means for trump and the investigation. and listen so what chris christie just said about donald trump on cnn. >> he's the consummate show-off. that's what that tape was. him showing off. people ask me going back to the time of the raid last year, of mar-a-lago. why would he keep these documents? is he going to give them to a foreign government or sell them to somebody or blackmail people? you don't understand donald trump. it's just the show to show off. >> a lot more to come from that interview. plus, how the stop a mass shooting. we're going to show you incredible, newly released body cam video, that shows a lone police officer taking down an active shooter. a health scare for madonna.

she is out of surgery from a bacterial infection. she postponed her world tour. more details ahead. let's start with jack smith's investigation into january 6th and donald trump's efforts to overturn the 2020 election. if you've lost track of all of the different investigative threads, tom foreman is at the magic wall to catch us up. tom? >> brad wrathens burger said he felt threatened, when th then-president trump called to find enough votes to win in georgia. now, he's joined a long line of republicans to overturn the 2020 election. among them, rudy giuliani. once-lawyer. former vice president mike pence. chief of staff, mark meadows. former aide, steven miller.

former deputy chief of staff and deputy director dan skcavino. on and on it goes. a lot of trump insiders being asked about what they saw and heard about the undoing of a fair and legal election. the scope of this is notable for its geography. investigators asking about possible schemes for fake electors and false claims in georgia and pennsylvania and michigan and wisconsin, and nevada and arizona and new mexico. all of this against the boiling background of the other cases, the former president faces. that indictment in manhattan, accusing him of falsifying business records to disguise hush money payments. the indictment in federal court over the classified documents seized at the mar-a-lago club. and a georgia county prosecutor's own investigation into alleged attempts by trump and his allies to steal the election there. for the record, the former

president has insisted time and again, he did nothing wrong. and many of his team said they want to make sure that the election was above board. a alisny. we heard that call where donald trump asked him to find 11,780 more votes. in his book, he believed it was a threat. what does jack smith want to know from brads berger in this interview in. >> when you see folks like raffenraff

raf raffensperger, that confirms that they otherwise already had testimony or evidence in the grand jury. and they're trying to confirm things, that they've already seen, with folks who had the firsthand knowledge, which is why they're probably talking to raffensperger. >> jen, your thoughts? >> i agree. you want to set the table. you want to hear about what happened on that call, which you have recorded. but let's talk about the integrity of the election in georgia. tell us how confident you are about the vote count and why there were no troubles in georgia. and when you explain that to the president what his reaction was. you need to set that out, as well. you know in the end that the president did know he lost fthe election. he thinks he deserves the votes but an effort to overturn the election. >> what do you think happens next? >> i think we're seeing a flurry of activity, where prior to

this, the special counsel's momentum was towards the documents in mar-a-lago. you're seeing brad raffensperger. sessions with rudy giuliani. you see them looking to talk to eastman. they're trying to lock down everybody's story. the giuliani one is particularly interesting because their focus was really the period from election day, november 3rd, to january 20th. what happened on what dates during that thing -- during that time period? what was the purpose of the alternate electors? what was the legal precedent for that? did they actually have the evidence of the fraud? i spoke to two people who were familiar with that conversation, who said it was a very cooperative, not acromonious.

>> you have other sides that suggest to you that giuliani is being cooperative. >> the fact he is there at all means he's being cooperative. they can subpoena him. but the fact he's willing to interview in advance of that, means he's being cooperative. i think there's been too much craziness from him. too many false statements. too much nuttiness. substance abuse issues. i don't think they will sign him up as a cooperating witness and use him at trial. but that doesn't mean he's not useful to talk to as they are putting the rest of the pieces together. >> i think there's a distinction where he was asked, from my understanding, about what did you do on this date? what was behind this move? when it came to questions of what did you say to donald trump and what did he say to you? that's when lawyer/client privilege was evoked.

>> donald trump's been indicted twice. are you looking more coming down the pike soon? >> they're probably looking into the attempt to try to change over the attorney general. the pressure obvious mike fence a pence and others. you had the whole issue in georgia, right? and you pull that together and you're looking at some -- perhaps some conspiracy to overturn the outcome -- the overturn the outcome of the election. defrauding the united states government. looking at all of the issues to build a case and build, eventually, towards an indictment. when you get to the end and you see rudy giuliani and mark meadows and others testifying, that's where, you know, we see this coming to a conclusion. i do think this case, in

particular, i don't think you'll see an incitement-type case here because of the first amendment issues associated with it. i think it focuses more on the election issues and trying to overturn the outcome of the election. you're going to see -- i think you're going to see, you know, the facts surrounding january 6th coming into play. but not in the sense of encitement, but more of pressure to push this narrative. >> do you agrow? agree? >> i do. they will not touch incitement. they have the fake electors, the pressure on the legislatures. they have more to do in one big conspiracy, as it's called. >> jim, you worked in the trump white house. let's talk about rudy giuliani for a second. what kind of behind-the-scenes

info do you think he can offer in the special council? >> rudy giuliani didn't work in the white house. he was adviser to the president. a lawyer to the president. private lawyer to the president. i mean, he probably knows a lot more than most, as it relates to this matter. he was going into court in pennsylvania and other places and holding meetings in pennsylvania and other places, where they were pushing forward with this idea that the election was stolen. he's got a lot of information. the question is, what's privilege, what's not? what can he talk about? what can't he talk about? those were the issues discussed earlier in the discussion. it remains to be seen what comes of giuliani's testimony. >> that's a good assessment. we have to -- just going back to our discussion here last night, at this table. what did rudy giuliani say in public? versus what did he represent in court? part of the focus of the

interview was, rudy giuliani was running the operation of proving the election was stolen. when they made the representations in court, they weren't saying the same things they were saying in the media. the idea he did something legally to defraud the process. the only way to get to alternate electors, like a court or legislative body makes that mauve. that haven't happened since nixon versus kennedy in 1960 in hawaii. >> wasn't it also rudy giuliani who said, let's have trial by combat? >> it was. >> isn't that incitement? >> now, you're up against the first amendment issues again. is it immediate enough? is it calling for violence clearly enough? this is where it gets difficult. i think they won't touch that. they have plenty of other stuff. >> yeah. and quickly, the intersection between the georgia, fulton county investigation, and jack smith's investigation.

they were going on -- they are going on concurrently. who is going to go first? >> it's unusual. n normally d.o.j. would stop the state from doing this. but way back when they let georgia go ahead. i'm sure they're talking. trump's dance card is getting full as far as charges and trials. >> the manhattan d. aa. the feds want to go first. he can't mess with georgia in the same way. >> it feels like a lot is coming to a head. thank you for the expertise. when we come back, chris christie calls donald trump childish and said he's the cheapest person he's ever met. >> the cheapest person i've ever met in my life. that's why. and what he's very good at, spending other people's money. >> more of what christie just said on cnn.

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republican presidential candidate chris christie appearing on cnn and explaining what he hears on the exclusive audiotape of donald trump discussing secret classifies durmts in the 2021 meeting at his golf club. >> he's the consummate showoff. that's what this that tape was. people asked me going back to the raid of mar-a-lago. why would he keep the documents? is he going to give them to a foreign government or sell them to somebody or blackmail people? you don't understand donald trump. it's just to show off. he wants to continue to anct lie he's president. that's why he kept the documents. it seems childish and student and stupid. but that's the reason in my view he's kept the them. >> john miller is back and we're joined by joe michaelson.

great to have all of you. i think christie is enjoying this unplugged moment that he's having right now. he is just speaking his mind about, particularly about donald trump. we'll get to what he says about desantis in a second. what do you think about what christie is doing and will it be effective? >> i think authenticity is what voters respond to. and the unplugged moment is him able to tell the truth. and the problem with so many republicans right now is they try to tiptoe around donald trump, for fear of fending him or the base. when you're liberated to the truth, i think that has a compelling charisma. that's one of the reasons that christie should not be written off as a candidate who is going to soften him up. the town hall the other day on cnn showed, reminded people, he has uncommon political talents. >> do you see that as a republican, joe? >> this is a man that ever major donor in the country begged to run for president in 2012. if he had, he would have won. the unforced reality for chris

christie is it is difficult to impugn the integrity of president trump, without alienating the voters that still support him. so, it has the unintended consequence of putting you behind the 8 ball at a time when you're trying to go on the offensive, namely to win a primary. so so, that's what he is up against. part "b" is we don't tell voters what to care about. you can talk about the real problems and the tragedy of january 6th. you can talk about the issues of what donald trump brought to sul f. but that's not what people want to talk about, namely the economy. >> does that extend to the truth. you can't tell voters what to care about. but isn't leadership require telling people the truth? >> to be clear, i don't think you have a preponderance of

people running for president in new york or around the country, that are lying to voters. they're focused on how they win the primary. >> that's a means to an end for some. >> if you're going to say chris christie has the cards of his convictions. he's an accomplished man. if you talk about raw politics, how do you win the primary and beat donald trump? i don't know if the path he's on is going to get him that. >> i want to apply what he said about ron desantis. he had a town hall, a student, a high school student, asked him what his thoughts were on january 6th and if donald trump tried to destroy democracy. that's paraphrasing what the student said. and ron desantis said, i wasn't there that day. it's time to move on. i try not to think about what happened. and here's chris christie responding to that moment.

>> he wasn't anywhere near washington. did he have a tv? was he alive that day? did he see what was going on? i mean, that's one of the most ridiculous answers that heard. people were killed, as you know, on capitol hill, defending the capitol. we had members of congress who were running for their lives. we had people trying to hent d hunt down the vice president of the united states chapting hang mike pence and donald trump sat outside of the oval office, in that little dining room of his, eating a well-done cheeseburger and watching tv and doing nothing to stop what was going on until it got to the point that even he could no longer stand it. >> jay? >> i'm perplexed by the responses. i never thought in a million years that i thought chris christie would be the voice for moral reason and conscious, but he is the one person who is speaking truth to power, showing

the emperor has no clothes. in that clip, he can't help himself. being the other chris christie, the other that's a bully, and says mean, insults. the cheeseburger thing. maybe that plays with voters. but it feels like he has a lane here that is, again, not one that i would expect, given chris christie's past, with closing lanes to enter bridge, for example. that lane is being the voice of reason in the republican party. there's a lot of republicans, i think i'm sitting next to one, who would appreciate some truth and some reason from their candidates. the question is, as joe says on this show pretty much every other week, it's a wi winner-take-all primary for the republicans. and it's not clear if that point of view will be the one to prevail. maybe that chris christie may go down in history as one of the valuable vois of this year. >> your thoughts? >> i think chris christie has a unique role. that makes him different here. he's the one who entered a crowded field with a whip, a chair and a gun, as the guy was

going to keep donald trump cornered by making these statements. and he does it in the form and format of a former federal prosecutor who keeps coming back to the crimes, the violations, the legal analysis, as well as the political characterizations. and he's becoming formidable for being different in a field where mike pence struggles with, no one's above the law but shouldn't go to jail. >> their numbers are higher than chris christie's. >> right. we're very early. and people are just get accustomed to people speaking frankly and truthfully. it's a new concept in this conversation. you have to see how it plays out. he stands out. >> thank you very much. we have new video to show you, how a police officer responded when he realized an active shooter was loose in a shopping mall. that's next. bug spray works best... when your family actually wears it.

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this week is your chance to try any subway footlong for free. like the subway series menu. just buy any footlong in the app, and get one free. everyone loves free stuff chuck. can we get peyton a footlong? get it before it's gone. on the subway app. newly released video captures the moment a masked shooter opened fire at a

shopping mall in allen, texas, last month. it also shows the heroism it took for a sole police officer to chase the gunshots through the parking lot tonight, we see the body cam footage for the first time. this is one of the most remarkable things about the video, is what the officers were doing seconds before the shots ring out. he is doing community service. he is teaching little kids about seat belt safety. let me play what happens next. >> make sure you be good. wear seat belts when mommy's driving, okay? all right. you be good. >> seat belt. >> 145, i think we have shots fired at the alamo. they're moving away from me.

>> go, go, go. keep moving. get out of here. >> okay. we're going to play more of that. those are the first moments. what did you see? >> what you see is what 90% of police officer life is, playing mr. policeman. he's talking about safety with the kids. it's a fascinating moment. yu hear, bang, bang, bang. while they are processing, that sounds like gunfire, what does mom do? she gathers up the kids and moves out. he gets the patrol rifle from the vehicle. this used to be the moment when you call s.w.a.t. now, everybody has an ar-15 in the patrol car was that's the new world in one-man patrols out there. what does he do? he literally is running towards the gunfire. and he needs it -- he doesn't

know where it is. he is following the sound. >> let's show that. he's following the sound of gunfire. he's alone. he's trying to call for backup. let's watch this. >> okay. this is him running. he's running all around the mall. he has gear on. it's not easy to run during all of this, right? he has heavy gear on, right? >> right. he is yelling at people to get away.talking on the radio simultaneously, saying this is where i'm pass. the units know where to respond. he has called it in when the mom and kids are running away, shots fired at the outlet mall. he's doing a lot while trying to follow the sound of the gunfire and maintain breath control because hee will likely have to engage this person. >> from a distance, he sees the gunman. let's just listen to that.

>> police. i got him down. i'm moving up on him. who is this behind me? watch your fire. watch your fire. i got him down. >> i mean, that's just -- it was from a long distance. he sees him. he shoots him. he's all alone. he had to do all of this in split seconds. i know you may not be marveling at the way we all are, how police officers' lives can turn on a time like that. >> it's interesting. if you take it in context of

what we just saw. what does he know? he's going up against an armed assai assailant. a how does he know that? the number of shots he's heard, he knows this person has a giant supply of ammunition and probably a long gun, by the sound of it. he's running towards that danger. he's trying to clear people away, update the department on the radio. as he stops hearing the gunfire, and it goes quiet, everybody corner he comes around, he's saying, am i running into an ambush? that's such a remarkable video. we saw that. we saw it in nashville at the school. we saw it in louisville in the bank. we've seen the flipside. if you take this week, what are we going through? you got three officers in texas. who opened fire far too quick hi on a woman charging with them with a hammer. they're charged with murder. you have scot peterson in florida in parkland, on trial for not diastolic what we saw

here. itunder scores that being a police officer is complicated to control that and make sensible decisions. >> the back story or more to flush out the story, eight people died. that shooter, that active shooter killed eight people that were just shopping on any given day at a mall in america. and that police officer killed him. >> yes. it was entirely justified. what john miller is saying is that video reminds us of the essential heroism of cops from being a role model to kids, to the video camera showing him running towards the danger. >> literally in the same moment. >> in the same moment. he has to flip the switch like that in his own mind. gentlemen? >> we need fewer of the incidents. i got the chills watching this video. it's the third or fourth time i've watched it preparing for this segment. it's truly what heroism is.

we as society have to do better so individuals, police officers, don't have to put themselves in this kind of harm's way. >> you juxtapose that of what happened in uvalde, for people to act when called upon. we have gone from a world where police officers can go their entire career and not brandish their weapon to incidents like this. we should do everything possible to curb these occurrences and remembering the reverence we should have for the overwhelming majority of people that put the uniform on each and every day, not knowing if they will see their loved ones again. >> thank you very much. now, madonna postponing a world tour after infection lapds here in the icu. the latest on her condition, next.

pop legend madonna dealing

with a major health scare. her manager says, in a statement, on saturday, quote, madonna developed a serious bacterial infection, that led to a several-day stay in the icu. her health is improving but she is still under medical care. a full recovery is expected. madonna is 64 years old. this infection has forced her to postpone her latest tour, that was set to start next month. let's get the latest. okay. omar, what do we know at this hour? >> for starters, a source is telling cnn she is out of the icu, which is good. but according to her manager, she was in the icu for days. that indicates how serious this was, what they were dealing with. he said, as you said, a bacterial infection, a serious one, that she was dealing with. we know it is serious because she is notorious for battling

through ailments that she's had physically. the fact she is out of service, we don't know how things are going to move forward, in its own, indicates how severe this actually is, even if we don't have it verbally at this point. >> what kind of bacterial infection lands someone in icu for days? >> any bacterial infection can. it can start any place. you can get a scrape on the skin. you can have a purposeful cut. if someone has surgery and it becomes infected, like a wound. at that age, it can be a urinary tract infekts. even an elective procedure, like a colonoscopy. but it usually has to spread to the blood. in order to end up in the icu, it has to interfere with your ability to get oxygen nutrients to the brain and the organs. they have to be in danger of failing. your heart has to have problems getting those things to the

brain and the organs. >> we heard she had hip replacement in 2020. does that lend itself to bacterial infections? >> exactly. it can become a nest for infection. it may not be that the hip prosthesis is infected. that may not be the source. if she has sepsis, bacterial in the blood, it can be a source of bacterial infection in the future. sometimes people will remove the hardware and the person has to go back after a course of antibiotics for weeks and have a new hip put where the hip replacement was. we don't know for sure. i'm not treating her. but it complicates the whole process. >> why does she have to postpone her tour? if it's not happening until next month, is the thinking she will not be well by then? >> that's the clear part in ton clear right now. her manager said they are trying

to work out when the new tour would start. we're talking 80 shows. 40 cities across northern america, europe. so many different places. a huge tour for anybody, and especially someone that's 64 years old. the fact they don't have a definite time period when e she can restart is indicative of where we are. she's battled flu a lot of the injuries in the past. -- not these types but injuries in general. in late 2019, early 2020, she had to postpone or cancel certain shows of the madame x tour because she was going through more pain than she had gone through in her life. a year later, she had hip replacement surgery because of overwhelming pain. she said at the time, she said, she's a bionic woman. she says he doesn't believe in limitations, which will give us insight how she mentally is trying to handle the latest episode.

this bacterial infection is different from the pain that she would have experienced in the past. >> does she have to be on i.v. antibiotics? >> likely, she's been on i.v. antibiotics. she might have to continue with that. on the other hand, it depends on what landed her in the icu. if it's bacterial or something else that complicated the bacterial infection and that kept her in ticu. her positive attitude and work ethic may be a good prognostic factor here. if you have a serious infection, where you start is going to predict the afterwards. if somebody is in bad shape before they get a bacterial infection, it's hard to bounce back from that. somebody starting at a high level, that's a good sign for her in the future. the stress of the tour may have

predisposed her to being immuno compromised. there could be other factors. >> she is bionic. she is expected to have a full recovery. rehope so. the supreme court's biggest decisions are expected this week. including one on affirmative action. we have a reality check about whether affirmative action works. that's next. she was even inspid to train for a marathon. that lasted a day, but she was inspired. woolite protects your favorites from fading, pilling, and stretching. so you can wear them as long as you love them.

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loan program. on whether pbusinesses can refue to sell goods and services to lgbt. if colleges and universities can no longer take race into consideration. let's get to john avlon for a reality check. >> that's right. in the next two days, americans can expect a much-anticipated decision about affirmative action, the role of race in university admissions. affirmative action as we know it, started with presidential executive orders in the 1960s. universities embraced it in the wake of mlk's assassination. in the fall of 1969, harvard increased the african-american freshmen, from 51 to 90 in a class of 1,200. diversity in college enrollment increased each decades between 1980 and 2020. now, of course, american society

has grown more diverse, as well. white students made up 83% of undergraduates in 1980 but 54% in 2020. >> is it fair to say that affirmative action worked? what do the polls say here? >> there's a paradox. a majority of americans believe that racial and ethnic discrimination is a major cause of our political divisions. a "washington post" poll shows that a broad majority of americans favor of leaving race out of college admissions. that was a pew search survey earlier this month. not even a majority of black americans support affirmative action. 47%. followed by 39% of hispanic and 38% of asian and 29% of white folks. 35% of blacks and 25% of hispanics say they have been disadvantaged by efforts to coordinate diversity. get this.

the biggest divisions on affirmative actions are partisan. and white democrats, support affirmative action at a higher rate than black democrats. they are equal on disapproval. a poll is a snapshot in time, while race has been a fundamental thought line of politics. we got a long way to go before we can achieve a genuine multiracial democracy. if the supreme court does overturn race in admissions, we can't know what the impact will be. the number of students from underrepresented racial and ethnic groups fell by a third just five years after some states banned affirmative action programs. the supreme court chooses an amendment not end it path, using racial distinctions to class, it might have some of the same net effect. benefiting economically disadvantaged kids across the demographic spectrum, poor whites and poor block americans. that might be a way to depolarize this debate, making

more progress towards quality of opportunity and social mobility, as we continue our constant work for a more perfect union. >> thank you for that. those are interesting and unexpected numbers for a lot of people. what happens if affirmative action goes away on college campuses? >> a few things happen. number one, we talked about this in the green room. we had a live experiment for what happens when affirmative action goes away in california. they got rid of affirmative action, via the voter referendum. >> and black students dropped. >> the next year at ucla, the most competitive school in california. enrollment for african-americans and hispanic went down 40%. there was a professor at princeton who tracked the long-term impact of that decision and we found that over a 15-year to 20-year period, long-term economic impact, down about 5%. we know in a vacuum, getting rid of affirmative action has a

negative impact. the issue for me and the st opportunity. is this the best way that we're achieving the quality we set out. >> is it? >> i don't think we are. if you're looking constructively at why it is we need the program is because school-by-school, state-by-state, city-by-city, we have public schools that are failing our children. whatever you think the remedy to that is and could be, we spend so much time talking about how do we help people catch up? we spend less time figuring out, why are they behind in the first place? >> i'm glad that joe is showing up for our robust department of education and federal funding of public schools. that's great. >> school choice, my friend. >> clearly aligned on rescuing the school system. we should understand from -- i've been writing on the supreme court for 15 years. this is almost certainly the result that affirmative action

will be yefr overturned. it is helpful to understand two things. it is improper to federal law to discriminate on the basis of race. the question is if there's a state interest that justifies that. when we look at the numbers, achievement gaps and et cetera, it's hard to argue that's not a compelling state interest that justifies something that would not be justifiable. it doesn't look like that's the cord cards for the supreme court. progressives have muddied the waters ethically about this issue. americans care about fairness. affirmative action seems to attack the value of fairness. and americans have done a terrible job that fairness is collective and individual. it's not fair for someone to have an equal shake, that some haven't had an equal shake for the first 15 to 18 years of their lives. i blame progresses and democrats for failing to explain why affirmative action is in line with primary core american values of fairness and equality. we have lost the moral debate as

we're soon to lose the judicial debate. >> for 40 years the supreme court said that diversity is a compelling state interest. because the schools and the private schools want to compose the classes as their core value, they are allowed to do that. for the court to now say, which i agree they are primed to do, they're not going to allow that anymore, that allows them not to nuance this and massage this, we said that and this is different. >> but to overturn that and say, more than once over the last 40 years, we no longer we want to go with because we are an i'd logically different court than existed back then. this is not dissimilar from overturning roe versus wade. we're a different court we feel differently about this issue. we're going to rule in the opposite direction. >> do you think this is where it goes? >> we have to go. >> i wonder if this will be that

bold or the world has changed. >> they may try, based on the o'connor statement. it's so defied by the facts in this case. >> thank you very much. really interesting conversation. we shall see what happens in the next two days. tomorrow on cnn this morning, melinda french gates on her push to get more women elected to office. plus, daryl mcdaniels of run dmc is live to celebrate 50 years of hip-hop. that starts at 6:00 a.m. he eastern. thanks for watching "cnn tonight." our coverage continues now.n-doc . nothing kills more germs on more surfaces than lysol disinfectant spray.

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