horrible murders. murder spree that terrorized los angeles and the whole country. van houten had been up for patrol five times. jerry brown shot it down every single time. but an appellate court really ruled newsom's decision, quote, amounts to unsupported intuition, fails to account for the decades of therapy, self-help programing and reflection van houten has undergone in the past 50 years. van houten was a teenager, right? she was 19 years old. said she was on drugs when she joined the manson cult. now she was not part of the group that killed five people, including actress sharon tate, but the next night she did participate in the killing of a supermarket executive and his wife, stabbing her 14 to 16 times. well, thanks very much for joining us tonight. "ac 360" begins right now. tonight on "360," the former president's legal strategy becomes clearer. delay, delay, delay. his lawyers make their case to the judge in the documents case.

we're keeping them honest. also, senator tommy tuberville on cnn said white nationalist to me is an american. now he is doing damage control, while still blocking promotions of military officers in a battle over abortion. and live reporting tonight from new england, where some of the worst flooding there in decade series still far from over. good evening. thanks for joining us. tonight we know what has long been suspected. the former president is trying to run out the clock in the documents case, and it's not just us saying it. he and his legal team did. a court filing, which arrived before midnight last night spells it out. in it, attorneys for the former president and his co-defendant walt nauta ask judge aileen cannon to not only set aside her august trial date, but to also, and i quote, postpone any consideration of a new trial date. so delay the trial and delay deciding when to visit. special counsel jack smith wants a december trial, which our legal analysts agree is both quick for this type of case and for white collar trials in general. additionally, judges typically go out of their way to give

defendants ample time to prepare. now that said, this filing argues that the former president cannot be tried until after the election, which if he wins, would likely amount to never, according to most legal observers. as you know, judge cannon is a trump appointee, who has already been rebuked by an appeals court panel for an earlier ruling in this case in his favor based on dubious legal justifications. now the former president's attorneys are arguing in this case it should be delayed for a number of reasons. one is they say he is just too busy campaigning to prepare for trial. quoting now, this undertaking requires a tremendous amount of time and energy in that effort will continue until the election on november 5th, 2024. here is another. too many other trials. quoting again, from the former president's attorneys, previously scheduled trials in other matters for both president trump and defense council make it nearly impossible to prepare for this trial by december 2023. now a third justification is handling the government's documents themselves, which he

is accused of course of mishandling. quote, significant effort will be required to sort through the purportedly classified documents once received from the government before any motions on behalf of the defendants can be filed. then of course there is this argument. quote, there is no ongoing threat to national security interests nor any concern regarding continued criminal activity. now this for defendant charged with obstructing the investigation even before he was indicted. and already on warning not to discuss the case with his co-defendant or potential witnesses out of concern for just that, any continued criminal activity. so there is a lot for judge cannon to consider. but the former president's strategy is now quite clear. the irony, of course, is he is now in a position he once envisioned for hillary clinton, a position he once said should have precluded her from ever becoming president. >> we could very well have a sitting president under a felony indictment and ultimately a criminal trial.

we need a government that can work properly from day one for the american people. >> perspective now from someone who prosecuted then president trump in congress, lead counsel in the first impeachment hearings, daniel goldman, now a democratic congressman from new york. congressman, do you believe the legal arguments the former president's attorneys are making are legitimate? >> there is certainly should not win the day. this is the i am donald trump defense, and therefore i am running for president, so i cannot be charged with a crime that every other american would be charged with, nor can i go to trial. there is no question, and there was no question all along that donald trump was going to run for president as part of his criminal defense strategy, and we see that played out in this letter, which is to say i am running for president. therefore, i am so important that i'm above the law, and i can't be tried. of course, the objective is to

get into 2025 when he hopes to be president and he can somehow make the case go away. so these arguments that you referenced at the top, anderson, should not be persuasive to any objective reasonable judge. the question here is whether judge cannon, a trump appointee, who bent over backwards and went over the line in a lawless ruling related to the mar-a-lago search warrant, whether or not she will placate donald trump and grant this request. >> do you think she will? >> before adjourning indefinitely. it's very hard to tell. i don't know what she will do. this is a request that in my ten years as a federal prosecutor i never received, nor would any judge i practiced in front of ever grant. there are legitimate concerns with a classified documents case because there are procedures that both parties need to go through to deal with the

classified materials. these materials, though, that are relevant to this case are not so burdensome as to require months and months of review, but it does take a little bit longer than most cases. so if they were to make an argument that it should stretch into next year before the trial begins, that would be a much more reasonable argument. this is not a reasonable argument. >> i understand the argument you make that any other citizen, this would go to trial at a certain date. there are those who argue, look, donald trump is not any other citizen. he is the leading candidate for the republican party, a major candidate who could become the next president. during a heated presidential campaign, is it good for the country and right that one of the main candidates would be on trial? >> well, i think the question of whether it's good for the country is separate from whether or not this motion should be granted. the fact of the matter is donald trump was under investigation long before he announced running

for president. so posit this, anderson. let's say i'm under criminal investigation. i know it, and here i am in congress. i decide i'm going to declare my candidacy for the president. does that mean that i cannot be prosecuted because i've declared myself a candidate for president? no, of course not. the doj regulations stipulate that a sitting president cannot be indicted because of a variety of reasons related to the importance of that job. a candidate for president does not have a job that is any more important than anyone else in america. and he's not above the law as a candidate, nor is any candidate for elected office. and he must sit trial as any other american citizen would. that the rule of law in this country. no one is above the law, not even donald trump. >> chris ray, the fbi director is going to testify before the house judiciary committee tomorrow. according to the committee, it's going to, quote, examine the

politicization of the nation's premier law enforcement agency under wray ace leadership. i wonder what your expectations are for the hearing. i think the republicans have made this their general purpose in this congress where they want to undermine the credibility of the fbi because of its investigation into donald trump and because perhaps because of its investigation to other members of the house. that has been their approach this entire congress. and i think they view this country to continue to do that. this is part of an authoritarian effort to undermine the democratic institutions that uphold accountability in our separation of powers in this country. and the republican congress has made it very clear that in order to do donald trump's bidding, they want to undermine the credibility of the fbi. and i expect them to go full bore to try to do that tomorrow. >> congressman goldman, thanks for your time.

>> thank you. with us now cnn legal analyst elliot williams. elliot, what do you make of this effort of the former president's attorneys to delay the trial. >> anderson, there is a problem here that whenever a defendant is accused of a crime, a number of rights attach to that defendant. and prosecutors have to be very, very careful when it comes to pushing back on things like trial dates or whether somebody, or who their counsel is and so on, because those are the kinds of things that can actually lead to a conviction being thrown out down the road. so, yes, he is very well trying to delay this case, but you have to be very careful as a prosecutor to not at least give the appearance of overstepping and getting in the way of a defendant's rights to have a fair trial. >> the trump team brings up discovery throughout the filings as a reason for delaying the trial, which is the process of gathering evidence to prove the case. how long would discovery in a case like this typically take? >> congressman goldman was

exactly correct, which it is a classified documents case. discovery is going the take several months, and probably longer than a firearm or a drug possession case or something like that. but the idea that a classified documents case would necessarily have to be delayed until 2024, or 2025 is simply nonsense. yes, you will need to have time. the judge and lawyers can sit down and hash out an appropriate time for the trial to be held. but the idea that it can't possibly be held prior to the 2024 election just makes no sense. >> how long does judge cannon have to make a decision? could she do it at any time? >> she could at any time. the thing with being a federal judge is they operate on their own timeline and their own schedule. now look, as a defendant, he is entitled to a speedy trial. and so the judge can't be responsible for delaying the former president's trial indefinitely into the future. but again, she is not under -- she doesn't have a deadline by which she has to uprule on any

one motion. >> if she does decide to delay the trial, does the doj have any recourse? >> well, at that point, you don't have a ton of recourse to challenge individual rulings by a judge on things like scheduling. now, as the congressman had said a moment ago, she has already ruled in the case in a number of observer, including the justice department have found -- took issue with her ruling, and perhaps they could make an argument that she made a ruling that was impermissible permitable and try to get her removed from the case. they can try to do that, but again, she has pretty wide latitude as a trial judge to set the date at a time that she thinks appropriate. >> elliot williams, thanks very much. >> thanks. coming up next, tommy tuberville's quickly evolving ideas on white nationalists and the military. and the flood damage already done and the possibility of more ahead.

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then during last night's debut of the source, kaitlan collins asked the senator to clarify those remarks. here's what he said. >> i'm totally against anything to do with racism. but the thing about being a white nationalist is just a cover word for the democrats now where they can use to it try to make people mad across the country, identity politics. i'm totally against that. but i'm for the american people. i'm for military. i'm for christian conservatives, democrats whoever wants to be in the military to fight for this country to protect this country. that's what it's all about. >> but just to be clear, you agree that white nationalists should not be serving in the u.s. military? is that what you're saying? >> if people think that a white nationalist is racist, i agree with that. i agree they shouldn't. >> a white nationalist is someone who believes that the white race is superior to other races. >> well, that's some people's opinion. >> that's not opinion. >> pardon? >> what's your opinion? >> my opinion of a white nationalist, if somebody wants to call them a white nationalist

is an american. it's an american. now if that white national cyst a nationalist is a racist, i am 110% against racism. >> that was senator tuberville last night. and here he is today. >> can you explain why you continue to insist that white nationalists are american? >> listen, i'm totally against racism. and if the democrats want to say that white nationalists are racists, i'm totally against that too. >> but that's not a democratic definition. the definition -- >> that's your definition. >> it's is the definition. >> next question. next question. next question. racism is totally out of the question. >> do you believe that white nationalists are racist? >> yes, if that's what race is, yes. thank you. . that was this morning. by afternoon, though, he seemed to say more explicitly, telling reporters off camera, quote, white nationalists are racists. according to testimony before the january 6th committee by the

national consortium for the study of terrorism and responses to terrorism, white nationalism is a significant problem in the ranks. this evening, i talked about it with senator tammy duckworth, a wounded combat veteran and democratic senator from illinois. senator duckworth, thanks for being with us. as a person of color, as a combat veteran, how do you feel when you heard senator tuberville make those comments about white nationalism in the military? >> well, i was incredulous. and i checked to make sure that he actually said it. and i cannot believe that he would think that white nationalists were not racist. in fact, i think that it is an insult to our military men and women of all different backgrounds who wear the uniform of this great nation. we should be focusing on supporting them and not defending white nationalists, as he is doing. >> do you think he is truly ignorant of what white nationalism means, what it is, sore it some sort of a game? or just kind of a head nod to something? >> i can only take him at his

word, and he said that he didn't think that white nationalists were racist. that's an actual dictionary definition. and frankly, that is a disservice to our men and women in uniform. >> he did say finally this afternoon, quote, white nationalists are racist. do you think he has seen the light? >> i highly doubt it. i think he has been put under a lot of pressure. but still, for him to even say it in the first place is wrong. we should be focusing on our military men and women who are deployed all over the world right now protecting and defending this great nation, and in harm's way. and this just undermines our nation's national security in so many ways. you know, he is injuring our military in more ways than one, not just with this remark. >> well, what you're referring to, which is what we have been reporting on, he has been blocking hundreds of military promotions, high-ranking officers among them over his objection to the pentagon's policy of paying for travel for service members seeking an abortion. not paying for the abortion

itself, but travel where the procedure is essentially illegal. he told kaitlan collins that his hold is not hurting military readiness or recruiting, and if it was, he wouldn't be doing it. >> he is wrong. and you can just not take my word for it, but take the word of former secretaries of defense, bipartisan group have come forward and said that he's wrong. military officers have come forward and said he's wrong. for the first time in our nation's history, and for the first time in over 100 years, the marine corps is not going to have a commandant of the marine corps because of this hold. by the way, it's not just about abortion. the pentagon policy is if a service member needs to seek reproductive health care because they're stationed in a state where they don't have access to it, they will reimburse them for their travel. not for the procedure, but for their travel. so it could be like me, someone who had to leave to go get ivf, for example. and he is injecting his personal agenda into military readiness. and this problem is only going to get worse the longer he maintains his hold. >> kaitlan collins pointed out

to him that these former secretaries of defense had signed this letter saying this is hurting. he said, well, they're not elected -- they're just nominees. he is an elected official, elected by the people of alabama. what he also didn't say is he's never been in the military before. i believe his father was, which he is understandably very proud of. but he has not served and yet he is telling these former secretaries of defense they don't know what they're talking about. >> he is also telling all the military officers, including those who are currently serving who have told him this is hurting the military. you know, when you have an acting commander at whatever level, that acting commander cannot issue certain orders. and at a time when we have troops in harm's way defending and protecting our nation, to have commanders, the commandant not have a commandant of the marine corps who can exercise his full duties of commandant is destructive to this nation's national security, and it all is laid at senator tuberville's feet. >> what do you think it's going

to take to break his hold on military nominations? >> i don't know. you'll have to talk to senator tuberville. he has been offered all sorts of off-ramps for this. he was offered a vote on senator ernstville which is much more stringent, and he rejected that. he has been offered many other options by his own leadership, and he has rejected them all. you know, he is fundraising off of this. so i suspect that there is more than just his own personal concerns for why he is taking this position. >> are you surprised more republicans haven't spoken out against what he is doing? because they're pro-military history? >> well, you know what? i wish more of them would speak out. i know they've had many conversations with him. now listen, republican leader mcconnell has spoken up and said he does not support this. i don't think you can have a more influential republican than the leader of their own caucus in the senate. and yet he has rejected that. >> senator duckworth, i appreciate your time. >> thank you. now an exclusive cnn investigation on why it is that 500 days into russia's invasion of ukraine and the global

sanctions that followed, big companies are still allegedly doing business in russia after saying they'd pull out. more from cnn's tom foreman. >> reporter: when russia marched into ukraine, hundreds of companies from other nations announced plans to march out of moscow, hitting vladimir putin's government in the pocketbook and hobbling his war effort. but one year, four and a half months after the invasion, some others are still doing brisk business in russia, according to yale professor jeffrey sonnenfeld. >> these are companies that said they were leaving and then reneged, it's too much trouble. it's wartime profiteering, and it is actually aided, sadly, helping to fuel putin's war machine. >> reporter: his research finds though many companies followed through on their pledges, taking millions of dollars out of russia, some big players did not. among them, heineken. sonnenfeld's researcher says the dutch company has seven

facilities in russia, 1800 employees, and is still launching new brands there. heineken calls the war a terrible human tragedy and says the company remains committed to leaving, but so far has not secured russian regulatory approval to sell its assets. also on the list, mondelez. the company that makes oreos, among other things. with 3,000 employees and products still moving in russian markets, the company is being boycotted by some europeans, even as it said in a statement last month it is scaling back in russia. and there are more. unilever has called the war brutal and senseless. phillip morris said the situation is complex. nestle last year pledged to sell only essential items. but yale researchers say nonessential items are still being sold. and all of those companies continue doing business with the russians. many suggest divesting themselves from russia is more costly and complicated than

outsiders might imagine, and they don't want to hurt their russian employees. sonnenfeld's response -- >> the whole point of the sanctions and the business exits is to put pressure on the average russian so that the humanitarian thing is to motive motivate them to act. >> that was tom foreman reporting. up next tonight, he is called an incredible informant investigating hunter biden. yet the justice department has now se serious charges, including arms traffic and he is a fugitive. new developments ahead the. plus, new developments in the survivalist who escaped a pennsylvania jail. that manhunt is intensifying. we'll get the latest. to replacee of the same make and model. get a a whole lot of something with farmers policy perks. ♪ farmers mnemonic ♪ oh, booking.com ♪ somewhere, anywhere... ♪

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well, the story of an alleged washington whistle-blower has gotten stranger. the man in question is named gal luft, and his current whereabouts are unknown. he disappeared in cypress, jumped bail and is now a fugitive. republicans call him an incredible firefighter ant in the house oversight committee investigation of hunter biden. now things have taken another turn. the justice department has unsealed an indictment against luft, alleges he is, among other things, an arms dealer, an unregistered agent for china, and that he lied to federal agents. kara scannell has been following his trail. so s kara, who is this guy? >> his name is gal luft. he is a u.s.-israeli citizen, co-director of an energy think tank. what prosecutors said they unsealed this indictment late yesterday, they alleged that he is involved in numerous crimes involving a lot of crimes overseas. they say that he was acting as

an agent of china here in the u.s. and hadn't registered as that. he was also the broker of elicit arms deal, and was trying to be a match maker to help the sale of iranian oil, something which would violate u.s. sanctions. they also say he lied when he was interviewed by the fbi. >> what is his relationship to hunter biden? >> so luft claims that he has incriminating information about the biden family's business dealings overseas, particularly with china. and that has made him somewhat of interest to republicans, who have said that he is an informant, he is a potential top witness as they are looking to investigate the biden family business dealings overseas. >> and yet now he is being charged with being an agent of china? >> yeah, that's right. and what's even more confusing here is that he was doing work, according to the u.s. authorities, with this chinese conglomerate, and that is the same conglomerate that he says was doing business the bidens. >> and has he responded? or how has he responded? >> the other funny thing here, he was additionally arrested in

cypress on the charges. when he was awaiting extradition, he jumped bail. he is now considered a fugitive by the u.s. government. but at the time in february, he did tweet out a denial of these allegations in which he said i've been arrested in cypress on a politically motivated extradition request by the u.s. the u.s. claiming i'm an arms dealer. it would be funny if it weren't tragic. i've never been an arms dealer. doj is trying to bury me to protect joe, jim, and hunter biden. shall i name names? his lawyer also telling us after these charges were unsealed that this is a vicious attempt to silence a witness. >> but he is in the wind. he is nowhere to be found. >> he is in the wind. we don't know where he is. he has been active on twitter, retweeting some comments by one of the senators who has been supportive of him. but he has not shown his face. and there is no indication, if he is going to come to the u.s. to face these charges. >> there is also this letter obtained by cnn from the u.s. attorney overseeing the hunter biden criminal probe that seems

to undercut a number of the claims made by an irs whistle-blower. >> right. so that whistle-blower testified before congress saying that david weiss, the trump appointed attorney for delaware had told him and others in october of 2022 that he had requested special counsel status which would have enabled him to bring criminal charges anywhere in the u.s. and that weiss had told him, the whistle-blower at the time that he was denied that by top justice department officials. weiss in his letter to congress is trying to clarify the record here. he is saying he never asked to be special counsel. he wanted to be a special attorney, which is different under the statute. and he said that he was assured that he would have authority to bring charges in any jurisdiction. now ultimately, he did negotiate this plea deal with hunter biden where he will plead guilty to the two tax demeanors in delaware. >> kara scannell, thoroughbreds very thanks very much. some perspective from andrew mccabe.

one of the primary witnesses in the hunter biden saga is a fugitive in charge with among other things, arms trafficking. what are we to make of this? >> well, what a complicated story to try to weave through. but i think it's important to remember that he is potentially a witness for the committee. this is not the way we typically think of witnesses as people who would be testifying in criminal trials. he is actually a defendant in a criminal matter. i think it's also important to note that the case that the government has brought against gal luft is very, very serious. contrary to his public statements, he hasn't been charged simply with lying to the federal government. he has been charged with violating u.s. sanctions against iran. he's been charged with acting as an elicit arms broker between countries like china and iran and other countries. so these are very serious offenses. it's also clear from the

statements from the u.s. attorney in the southern district of new york, they have in some form his communications. they've quoted things that he said to people in referring to arms as toys and things like that, which means this is a very complicated probably long-running investigation in which they either had access to his historical communications through court authorized access or potentially even title 3 coverage electronic surveillance of his messages. this is not just a simple case that the government cooked up after they interviewed him and didn't like what they said. this is likely the result of a very long and complicated investigation. >> is it possible it's politically motivated, as luft is calling it? >> you know, i suppose that's possible. but i find it to be highly unlikely. you know, the justice department, contrary to some people's belief, the justice department and the fbi do not initiate cases against people

for political reasons. and as i indicated, this is not a case that simply turned on an interview that didn't go the way the government wanted. this is a case that probably came from months and months, maybe years of investigation of this individual for very serious offenses, for violating foreign agent registration act, to arms dealing and all kinds of other matters. there is a lot more to this than just the one interview he allegedly had with the government that apparently didn't go well. >> just lastly, i talked to congressman dan goldman about this. what do you make of fbi director chris wray going to testify he committee tomorrow? >> this is a really important piece of oversight of the fbi. and it happens on an annual basis. and there are many significant and reasonable questions that the house should have for the fbi director at this moment in time. questions about the way the fbi prepared or didn't for january 6th.

questions about how the fbi's handled their efforts to reform the fisa process. all kind of legitimate things. unfortunately, i find it highly unlikely that any of those serious and reasonable legitimate issues will come up. this will probably devolve into yet another version of the weaponization of the fbi, an effort for a congressman like jim jordan to propagate this myth that the fbi is somehow biased against republicans, which is laughable. but i expect that's what we'll see tomorrow. >> andrew mccabe, appreciate it. thank you. coming up, the urgent flooding crisis in vermont after historic rainfall. dams pushed to the breaking point. more than 100 rescues. we'll take you there net. a community on alert as police search for an escaped inmate. the new tactics under way to find the escaped inmate, ahead. i need it cool at night. you trying to ice me out of the bed?

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miguel marquez with his report. >> the wrightsville dam was inches from overflow and could have dumped more water into the already swollen winooski river. receding in other places, but other places in the state still on alert. downtown montpelier. state street a fast-moving river, completely impassible with the water lapping at the state house lawn. water rescues continuing. over 100 so far. jesus garcia and his family were staying in an airbnb. his family, their host, and the family dog harley evacuated. you wanted to get out of there because you just weren't sure what was going happen? >> we saw how strong the current. look at it. it's pretty strong. if it can get a few branches off, imagine what it can do to a house. we're just playing it safe. >> right.

you weren't sure if it was going to keep rising. >> yeah, we didn't know. like i said, we're not from here. we don't know what the weather is like. yeah, it's been -- i've never seen nothing like this. it's been pretty crazy. >> well, the water was rising quickly, after being pretty tame most of the morning. and all of the sudden it was in the house. >> reporter: rainfall for weeks on end, saturating the state. the result, water only had one place to go, over land. washing away roads, causing massive property damage, and putting people like don hancock out of their homes. sir, you are wet from head to toe without any shoes on. >> they went down when i come across. >> reporter: so you lost your shoes getting across here? >> yeah. i couldn't find a rope. so i took two heavy-duty extension cords, tied them to there and tied them to the back of the truck. >> reporter: extreme weather the new american and global normal. oklahoma city drenched with life-threatening rainfall.

and flooding only the start. extreme heat baking other parts of the country. the national weather service warns parts of the southwest could hit all-time heat records later this week. >> and miguel, what are conditions like there now? >> eerie. we are right downtown montpelier now. this is main and state streets. the alarms are still going off. they've been going off for about 24 hours. i'll let you listen for a second. they're alarming to nothing. the water line, we're about two blocks from the river. the water line came up to here. this is a bookstore. everything in this bookstore destroyed. there are some people who have already started to pull stuff out of their businesses and trying to recover. but keep in mind, this is one of hundreds, if not thousands of businesses that have just been so damaged by this storm. it will be weeks, months, maybe years before vermonters recover. anderson? >> incredible. miguel, thank you.

up next, a search for an escaped pennsylvania inmate who authorities say has both military experience and survivalist skills. and where police think the escapee may be now. also tonight, how this handwritten will from 2014 led to a heated legal battle over aretha franklin's estate, and the jury's verdict today in the case. ♪ pets are raw. raw curiosity. raw love. raw energy. no dog ever thought, “what if someone sees me like this?” no cat ever asked permission before taking up residence on your keyboard.

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tonight, new details on the manhunt for an escaped pennsylvania inmate. michael burham vanished last thursday. this afternoon the state police believe he is likely still in the area around the jail, and he is probably getting help. cnn's brian todd has more. >> we are still finding some items that we do believe are connected to him. those lead me to believe that there is still a likelihood that he is here. >> reporter: authorities now say michael burham escaped by climbing on to exercise equipment on the jail's rooftop gym last thursday, then using these bedsheets tied together to rappel down from the roof to this portico, he then allegedly jumped down and fled on foot. the sheriff tonight disputing suggestions that he got a big head start. >> literally, i would say that burham saw red and blue lights

within two minutes of leaving that jail. it's -- they were that close. >> reporter: burham, aged 34, is considered armed and dangerous and wanted in cases involving murder, kidnapping, carjacking, and arson. authorities describe him as a self-taught survivalist with military experience. >> we have had a number of sightings reported. none of those has panned out. >> reporter: he was last seen wearing an orange and white-striped jumpsuit, denim jacket and crocs. more than 200 law enforcement officers are now involved in the manhunt. >> i have a strong belief that he is receiving help. >> reporter: authorities say they found small stockpiles, or campsites they believe are associated with him in surrounding wooded areas. >> that suggests that he scapes the present, that he goes on the run, and that he knows where he is going, to these designated locations in the woods where food and supplies or rations are waiting for him. >> reporter: how might he be caught? >> they're going to try to close off that circle, if there is help. and then make him do something

like i've got to steal a car. i've got to break into a house and get some food, or a weapon, or keys to a car. they've got to force him. they've got to force him out of the woods. >> reporter: it's burham's second time on the run. in may, he included authorities for two weeks. authorities say he kidnapped an elderly couple at gunpoint, made them drive him to north carolina and drove off with their car. authorities tell residents to avoid engaging if you see him. >> every night make sure the windows are locked, front and back doors are locked. >> brian todd joins us from warren, pennsylvania. he has been on the run for almost a week. what are authorities saying about his particular skill set that makes it difficult for them? >> well, anderson, one of the things that makes this manhunt so compelling is both sides have a lot of advantages and disadvantages on their side. the police advantages, of course, are pretty obvious. they've got over 200 officers on the hunt. they've got helicopters. they've got dna technology that they're using.

they've got other assets that they're not really telling us much about. so they've got those things to their advantage. but michael burham has some serious advantages of his own. number one, he apparently had a plan according to police of -- that he wanted to get into the woods. he had a plan to get into the woods even before he escaped. so he was planning this out. number two, they strongly believe that people are helping him. so possibly at these many kap sites where they might have found some traces of where he was people might have left things for him and maybe they're laying out other places for him to go to. another advantage is he's a survivalist, he's trained himself on how to deal with these conditions out in these woods. another advantage, anderson, that he's got is the allegheny national forest just adjacent to where we are is about 800 square miles. if he knows that area fairly well, and we don't have any reason to believe that he doesn't, that's a serious advantage that he has and he's already been gone for five days, anderson. one thing we have to say is the police are asking people with

information about michael burham, if you have seen him or maybe have talked to people who've seen him to call their command post. here's the number. 717-265-9650. that's the command post near where we are in warren, pennsylvania. they are relying on a lot of help from the public. >> brian todd, appreciate it. joining me now is former fbi assistant director chris swek. are you surprised authorities found items believed to be connected to this guy leading them to believe that he's still in the area? >> not shocked. i listened with a lot of interest to the statement that authorities thought that he had some help. well, that would have been help before he escaped in setting up these camp sites and supplying them. but i'm curious why if they were in a position to help, if he was in a position to set up that assistance, why he's -- why he chose to stay in the forest and not get picked up in a car and get out of the area. so that may lend some credence to the fact the sheriff saying that they're hot on his trail

when he -- shortly after he escaped. but i think the advantage really is to the man hunters, if you will, if he is in fact in the forest. in fact, i would rather have him in the forest than out in the open at large in a position to carjack or invade homes and harm people. >> when you heard details about how he escaped, tying up sheets, sliding down from a window, it's kind of like you see in movies, are you surprised by seemingly how straightforward it was? >> yeah, i mean, we've seeb this. dannemora, other prison escapes, most recently a prison escape where they just rattled the locks on the door that were deficient. i hate to say it but sheriff's jails can be pretty leaky sometimes, they're not well funded. complacency sets in. guards are not well paid. administrators are not well paid. so i'm never shocked to hear that someone escaped from a sheriff's prison or, you know, a state facility sometimes.

but again, i go back to this issue of complacency. this only happens when you're complacent, when you're not red-teaming yourself and trying to imagine how escapes could take place. this seemed a little bit too easy. >> also authorities i assume would have access to kind of a list of people he had been in contact with while in the system, wouldn't they? >> absolutely. i mean, that's the first thing you do in a fugitive investigation, is you go back, you slide time back to before he was incarcerated and you construct his social network, if you will, his contacts at a time when he was not planning crimes or planning to escape, and these would be the people -- these are his go-to people, if you will. one by one the u.s. marshals and the pennsylvania state police are cutting off those contacts. in some they might leave open in hopes that he would contact them and lead them to him. so there's a cat and mouse situation with a manhunt like

this. the u.s. marshals are very good at it. it's pretty much all they do. and the pennsylvania state police, they've been through this drill before and i'm sure they're getting the help of national park rangers as we did in the rudolph investigation in north carolina. they know their area much better than he does. >> i mean, in national parks are there a lot of cameras, you know, they put out along trails? >> yeah, there are trail cameras. there are video surveillance cameras on road access areas. it's not covered like you would in an urban area. but there are certain access points that are covered by video. but you know, i hope he is still in that national forest because is i think the advantage, again, goes to law enforcement authorities in the manhunt because they can set up more trail cameras, they can create a broad perimeter and just slowly sort of constrict that perimeter down and contain him in that

area so he can't harm people while they're trying to catch him. >> chris sweker, appreciate your time tonight. thank you. still ahead, long battle over artha franklin's estate has finally come to an end. the focus was on a will found under a sofa cushion in her house. the jury's verdict, next. - it'. - it's gif. what is the point of decaf coffee? ev hybrid plug-in hybrid to each their own...elelectric. find yours at the lexus goldldn opportunity sales event. ( ♪ ) oh booking.com, ♪ i'm going to somewhere, anywhere. ♪ ♪ a beach house, a treehouse, ♪ ♪ honestly i don't care ♪ find the perfect vacation rental for you booking.com, booking. yeah.

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♪ what you want ♪ ♪ baby i got it ♪ ♪ what you need ♪ ♪ you know i got it ♪ ♪ all i'm asking ♪ today a jury in the battle surrounding aretha franklin's estate determined that a will signed by the legend in 2014 should stand as the document of record. aretha franklin died from a rare form of cancer in 2018. she was of course the queen of soul. shortly after her passing her niece found multiple handwritten wills in her home including one found under a couch cushion and dated 2014. three of her sons were in a legal dispute over two separate wills. two of her sons argued the 2014 document should kound at her legal will. the other son said a document from 2010 should stand. according to an attorney representing franklin for almost three decades she was a very private person who didn't do formal will planning and, quote, wrote them up herself. after deliberating for almost an hour the jury concluded the 2014