tonight senator tommy tuberville once again held up military nominations after a discussion he had yesterday with lloyd austin. it seemed to go well. it was described as cordial. senator tuberville who complained on the show last week about lack of contact from the white house or the pentagon has now spoken with the defense secretary twice. it hasn't changed his mind. >> there was no offer of a compromise. it's their way or the highway. >> senator tuberville has shown no sign as he alludes to there of letting up and affirmed that he plans to, quote, stick with it. thanks for joining us tonight. a lot of news going on tonight. >> i'm surprised the senator isn't really even going to entertain a conversation with someone so high up. it is stunning to me from last week's interview to now that we

are still here with this senator. isn't that crazy? >> yeah. and of course, their fear is that it will go on for months. maybe even until september, october, when the joint chiefs chairman is set to retire. >> unbelievable. well, you'll be on the case. nice seeing you. good evening, everyone. look, the clock is ticking before what could be the now third, yes, third indictment against donald trump. former president has until tomorrow, thursday, to respond to this special counsel's letter which confirmed that he is a target of the january 6th investigation. he is given a chance to accept before the grand jury which is supposed to be back in court tomorrow. in a few moments, i'm going to talk with the lead investigator from the january 6th committee who initially recommended charges. also, chris wallace will join us tonight on the political fallout and the impact on the race for the presidency. but first, cnn is learning that trump and his team are

scrambling. trying to figure out what evidence jack smith has. and maybe which witnesses he has spoken with. does he have the upper hand? what is he really, what does he really know? tonight we're hearing which potential charges trump is facing. the three statutes that the letter reportedly included include thing like conspiracy to commit an offense, or to defraud the united states. which likely includes the plot to overturn the election. the second one, deprivation of rights. plainly speaking, when someone tries to take away your constitutional rights. third, tampering with a witness. that title could include an effort to interfere with an official proceeding like the certification of the electoral vote which you know was interrupted by the insurrection on january 6th. i want to bring in right now a former federal prosecutor who is also the former chief

investigative counsel to the january 6th committee. i'm glad you're here. i want to pick your brain. we remember when the committee offered charges. the letter is not a closed universe of all the things that could be charged, or if they will be charged. i'm wondering how it lines up with your evidence. are these the kind of categories of charges that would you expect to see here? >> yes. thanks for having me. the select committee evaluated the entire federal criminal code and compared those offenses to the evidence that we had developed. and the lead count that emerged as the most likely charge is conspiracy to obstruct an official proceeding. it covers that. there's ample evidence that it

is a conspiracy case of many weeks before january 6th and on january 6th tried very hard to prevent the certification of the election. the statute asks whether or not there's evidence that a person specifically intended to obstruct, impede or interfere with any official proceeding, and i think the evidence that we developed is pretty clearly yes. now, the special counsel might have additional evidence from additional witnesses that we didn't talk to. it we're heading toward an indictment on at least that count. >> if it does line up and you were able in that position to recommend these charges, a lot of time has now transpired since the january 6th hearings where before the public, that investigation, we're talking about months and months and months since even those were recommended. i wonder what you attribute to

that? was there anything that stands out to you? you talk about conspiracy. that says others would have to be involved. >> yeah. my guess is the special counsel has gotten evidence. they had tools that were not available to a congressional xle. if we had a witness come in. not come in, or come in and assert privileges that we didn't credit, we had to go to court and file a civil lawsuit or wait for them to file a civil lawsuit. it took too long. it goes immediately upstairs with a special counsel. the judge makes a ruling. he goes immediately to the court of appeal. the special counsel can essentially overcome or rebut those privileges. he also has the hammer of threatening charges. so it could be, talking to some of these people involved in the

conspiracy, laying out for them, hey, you face possible culpability if you don't cooperate and tell us the truth, has led some of them to tell the truth. we don't have, congress doesn't have the ability to charge anyone who didn't have that leverage. so my guess is they've built upon an even stronger showing. >> can you imagine if your investigation was the floor, not the ceiling, of the facts and the universe of facts that were there? i'm honing in on this conspiracy again. as much as we've heard from donald trump receiving a target letter, there's a whole list of names that we have not heard have received it, or may or may not be charged. i'm wondering, where is giuliani in this in mark meadows and eastman? do you have a sense? or have we yet to hear anything about either or any of them

being targets? >> you're putting your finger on the exact names that we believe were co-coulkco-could not spaer. i think they have a hard decision to make about how broadly to charge the conspiracy. there were some people all the way down in a very ministerial level that did something that facilitated this intentional plt to disrupt the proceeding. may guess is he focuses on the control gram. the people at the top. they are likely the ones to be charged. in any conspiracy, the contours of it could be really broad. so those are the hard decisions the special counsel has to make. >> discretion is really about choosing your battles. the government is expected to have its full weight, as you

articulated, the idea of all the benefits you have with the notion of the united states versus someone's name. but mark meadows, he's been pretty quiet lately. and you've called him one of the key witnesses here. do you think mark meadows has been cooperating with this team? >> no idea. there's evidence that he appeared before the grand jury. i don't know if he appeared and provided real testimony. i don't know. he refused to come in and interview with the select committee. although he gave us some of the most important evidence with the text messages that gave us a really clear window into how central he was personally involved. all the precursor acts, the pressure on the justice department, on the vice president, the contact with state officials. mark meadows is right there in the room when all of that happened. then he's present all day on

january 6th when the riot is raging and the president is sitting there watching television and be reacting. he could be really, really crucial witness if he is cooperating with the government. >> and this is not the end of the story. we don't even know whether the target letter will result in an indictment. if you look ahead and think about what you know from the evidence gathered in the january 6th investigation at the congressional level, is this a difficult case to prove against donald trump? >> look, we found that there was ample evidence. as i said, the special counsel likely has more. you never know as a prosecutor if a case is or is not a slam-dunk or strong. you don't bring it unless you're confident that you can approve it. jack smith is a careful lawyer. he won't issue it unless he believes it will have proof. >> we'll have to talk about this again. something tell me it's not the end of the story. thank you for joining us.

>> thank you. >> as trump faces a third indictment, his rivals aren't exactly pouncing on his legal problems. just listen to the variety of reactions we hear. >> i want to focus on looking forward. i don't want to look back. i hope he doesn't get charged. >> we can't keep dealing with the drama. we can't keep dealing with the negativity. >> i do not want to see my opponents eliminated because of the actions of a corrupt federal administrative police state. >> i still believe the doj is in fact weaponizing the tools of our country against the political opponents. >> joining me now, chris wallace. what do you think this potential new indictment might mean for the next year given what we're already hearing? it doesn't seem like anyone is

pouncing on the opportunity to capitalize on it. >> a couple of points i would make. when your opponent is digging a hole, don't stop them. let them keep digging. they don't need to pile on trump when he'subjt, apparently, it looks like, of three indictments and maybe more to come. i thought it was very interesting. particularly the comment from governor nikki haley. ambassador nikki haley. it's hard during the middle of a republican primary race to take the side of the justice department, the biden justice department, and the fbi against donald trump. particularly, you know, given the suspicion inside the gop now. formerly the party of law and order about the top law enforcement agencies. i thought her case was more

about the politics of it. whether trump is being rightly or wrongly accused, that all of this drama increases the chance that he'll have too much baggage in 2024 and he'll lose to the democrats. instead of going after the merits of the case, they're basically saying, just the politics of the case. we need to win in 2024. and is donald trump our best candidate? >> it did speak to the notion of trump fatigue. it is going to continue. it will be another thing and a distraction away from what she and other candidates want to be speaking about. as you mentioned, a really interesting aspect is from a political standpoint. with all the focus on trump's legal issues, guess what we're not hearing about? we're not hearing about the specific policy issues. where he stands, particularly on issues. we heard a little on the unitary executive. just an example of what we're not hearing about policy.

>> i would like to know how you can save us from the co 2 pipeline. >> you know we're working on that. you know we had a plan to totally, it's such a ridiculous situation, isn't it? we had a plan. and we would have instituted that plan and it was all ready. we will get it. if we win, that will be taken care of. that will be one of the easy things we do. >> i mean, that's not really an answer to the question. but that is reminiscent of 2016, isn't it? >> yeah. first of all, people didn't vote for trump because of policy specifics. they were broad themes. whether it had to do with the wall, with big government, with draining the swamp. and of course, people now know, donald trump by his record. what has been pretty extraordinary so far is he has spent so much more time talking

about 2020 than he has about 2024. interestingly enough, last week, i interviewed the chair of the republican national party. and that was a key point she made. she said people don't want to relitigate the past. what they're concerned about is their future and what he will do for them. we've heard very little from him, what his plans would be for a second term. >> stand by. we have a lot more developing. right now, a massive scandal at the border. texas officials are pushing back migrants into the river when they try to cross. they're setting booby traps and denying them water to drink. plus, new york is saying there is no more room. you have 60 days to leave

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migrants. he's been told that they've been told to withhold water from migrants and push them back into the rio grande including children, even at the risk of them drowning. he also alleges that state officials have been setting up razor wire as booby traps to deter people from crossing. in one instance, a 4-year-old little girl fainted after being pushed back into the water as she tried to cross a section of some of these traps. this has caught the attention of the united states justice department. is there an investigation underway about these allegations? >> right now, all the the department of justice is saying is they're assessing what's going on. they're monitoring what's going on. the department of homeland security, which has their border patrol agents there are also monitoring. so everybody is watching. what makes this so significant is that this information is coming from a texas state

trooper. this is not coming from migrants. this is not coming from groups that monitor the situation. this is coming from an individual who was so upset by what he saw, by the way state troopers were treating these migrants, that he decided to write this memo to his sup superiors. i'm told he's not the only one. there are several other memos that have been filed and they've launched an investigation. this is about, you see this razor wire. this kind of concertina fencing. it is really military grade fencing. and what is happening there, under the governor, governor abbott. it has been placed along the border, in the water, in particular, in this eagle pass area kind of close to the shoreline where the water isn't so deep. and as people come in, they're getting caught on the razor wire. you can see some of the injuries. some of them are so horrific.

there was one individual where there is a laceration across his stomach. and you can just see the number of staples. the other thing that is significant is that because of where they're placing the wiring, people are trying to get to land through the deeper side. and therefore, they are drowning. and what this trooper alleges is that they need to light the area. he says they need to remove this wiring and help people instead of creatingoby traps where they can't get out. so that's what is significant. it has caught the eye of many people in washington, d.c. who are saying something needs to change. >> the fact that this is coming from a trooper, that likely there are others who have witnessed this. the investigation obviously heading right now. thank you so much for this reporting. just ahead, we're going to have congressmen from texas joining us now to respond to what he is

talking about. he's calling on president biden and the administration to act based on these allegations. next, i'll speak live with a georgia lawmaker who switched parties from a democrat to now a republican. we'll hear why and also, about the death threats that she has now been receiving based only. plus, a country music super star is being accused of a pro lynching, pro violent song and video. the question we'll ask, is the criticism fair? we'll discuss it next.

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determination. drive. contra costa college helped me blaze the trail. now i'm a comet, and there's no stopping me. come on, this is your shot. take it. join the team at contra costa college. start today at contracosta.edu one of the bluest districts in this entire country, atlanta voters will now have a republican representing them. they didn't vote her in. at least as a republican. she was once a democrat and has decided to now leave that party to join the gop instead. she recently announced her decision tad this, claiming legislative democrats drove her

out by, quote, relentlessly trying to sabotage every single thing that she had done, unquote, for her district. the move is now historic. she's now the first black woman to serve as a republican in the georgia general assembly. representative maynor joins me now. i'm glad you're here. i'm looking forward to hearing your insight and your views on this. many people are wondering, why did you leave the democratic party? >> i think you said it spot on. i'm just trying to represent district 56. the people of atlanta, georgia, in fulton county. as a former democrat, it was quite difficult to get things done if you have groups of people continuously and relentlessly trying to stop every single movement i did for my community. i could give you a plethora of examples. along the way, i got things done

any way because of the help of my republican counterparts. i'm appreciative of them as well as my community. >> there have been issues in terms of police funding and prosecutorial issues. i know you've been at odds with many democrats in the general assembly. one of the questions is, if you feel like the democratic party was not supportive of you and your colleagues, why choose to go republican as opposed to, say, independent? i understand as recently as last year, you said you would never switch parties. what changed to go republican rather than independent? >> in georgia, it's not really easy to be an independent. at the last election, i got about 19,000, 20,000 votes. to be independent, you have to get thousands of signatures for, to even be on the ballot. so it is really impractical to be an independent in georgia.

>> given that, are you truly a republican now? or is it just politically expedient to be that now? >> so when i came into office, i came in as a democrat. i've been a democrat my entire life. that's all i knew. it wasn't until becoming a policy maker, actually looking at the policy, digging into the fine details that many people said, okay, you're actually not a democrat. you are a centrist, or a moderate. as a lay person, i had no idea that was such a thing. now i'm still a moderate and still a centrist but just on the republican side. >> you are up for re-election in 2024. and i do wonder what your constituents you are representing must feel about it. i recognize it is not a monolith. ya say what all the people believe about that particular issue. i am curious about how you

intend to either seek re-election or what will be your stance knowing you have done quite a switch from the democrats to the republicans. >> the beautiful thing about this is, i campaigned on public safety as a democrat. i campaigned on parent choice, school choice as a democrat. i campaigned on victim rights as a democrat. those are the things i fought for inside the capitol. those are the things i'll fight for on the republican ticket. i do plan on running again. and once the decision was made and it was announced, i immediately got a flood of text messages saying, i'm still going to support you, representative mainor. i know you've been seeing all the hate emails and text messages online. but for every one of those hate emails i'm receiving, i'm receiving hundreds of letters of

support. local mead, they've been out in the community asking people how do you feel about this? the response is, i can't wait to see what she'll do with it. so i plan on winning district 56. i've won it twice with multiple people in my race without a run-off. they voted for me. they did not vote for the alphabet next to my name. >> that's interesting. i'm very saddened to hear as well about the death threats that you've been receiving. and i know you've been focusing on the positive reactions you've gotten. something you said strikes me as interesting from the perspective of the electorate. you didn't know there was a thing as a centrist or a moderate. could you not have been that as a democrat? or was it the underlying policies that you no longer agree with and have only learned about whale in office? or is it really the bureaucratic process that was surprising? >> i would not call it a process, first and foremost.

i will say this. it's not about party. i am not expecting the republican party to be perfect. my republican colleagues have said, welcome, representative mainor. plays know we're not perfect. it is a policy issue. if you are against children being able to have a choice when 97% of the kids don't know how to read. that's a policy issue. if you want to defund the police, that's a policy issue. if you want to put prosecutors or systems above families that are seeking justice, that's a policy issue. so once my colleagues started putting up thousand dollar checks on social media for anybody to run against me, i did some self-reflection. okay, why is this happening? it is a policy issue. every single policy issue that is important to may community was a policy issue that the republican party was supporting.

so it's not party. it's really policy. had a is supporting my community. who is trying to uplift my community. i tell people. look around you. the schools are failing. we have high crime. there is not a republican in office. we can't blame republicans. democrats need to blame themselves for the problems in our community. and i'm trying to make a difference, honestly. >> certainly your choice and how you want to run and your constituents' choice and who they want to lead. there is a republican majority already in your assembly. this widens that particular gap. final question, now that you are a republican, the head of your party happens to be the former president, donald trump. at least in a de facto sense. do you support his bid for the white house? >> i would say governor brian kemp is the head of our republican party. i'm in georgia. and former president donald

trump is not in office so i'll have to disagree with you on that one. >> will you support him if he becomes the rnc nomination? georgia has been a very important state. brian kemp has been a key part of the importance of that and has been looked at for a number of reasons chug parts of the congressional level. if he is the rnc nominee, will you support him as a republican? >> i would say that there are 12 candidates. i have been in office for two seconds as a republican. i have not looked at any of the candidates extensively because i was a former democrat so i was looking at what is president biden doing. so ask me again, invite me back in a few months if you want to ask that particular question. >> it will be the same one. thank you for joining us. thank you. >> thank you. up next, everyone, country star jason aldean now defending

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so is this anticrime or is it pro violence? country music television pulling jason aldean's new music video off the air as the song is sparking back lash across the country. the song is calledy that in a small town." in the video you can see footage from police brutality protests, robberies. the images plaover the lyrics thatcs say evoke vigilanteism and racism as well as so-called sun down towns. where people of color faced violence if they remained after

dark. i want to look at this. we've been hearing about this story. let's go through it for a moment. listen to what the song says could happen if you, quote, cuss out a cop in a small town. ♪ spit in his face, stomp on the flag and light it up ♪ ♪ try that in a small town ♪ ♪ so how far you make it down the road ♪ ♪ around here we take care of our own ♪ ♪ you cross that line ♪ ♪ it won't take long for you to find out ♪ ♪ i recommend you don't ♪ that ♪ >> i want to make sure you are hearing the full context of what is being discussed and understanding what the conversation is about, including this part where critics will take issue with what they say is

reminiscent of that come and take it attitude that is often espoused by gun enthusiasts and reaction to the second amendment t that. >> that gun that my grand dad gave me, they say one day they will round up ♪ ♪ it might fly in the city ♪ ♪ good luck ♪ ♪ try that in a small town ♪ >> it's not just what is being said. it is even the back drop of the video that is sparking some outrage. what you are seeing is the county courthouse in columbia, tennessee, behind aldean. it was the site of a 1927 lynching of a young black man. also of a race riot in 1946. the production company who made the video said look, this is a popular filming site. and aldean did not clues this location. eao defending himself saying, 90 political views have never been something i've hidden from and i know that a lot of us in

this country don't agree on ho we can get back to a sense of normalcy where we go at left a a day without a headline that keeps us up at night. but the desire for it to, that's what this song is about. joining me to discuss, trey johnson, a writer on race, culture and politics. i'm glad you're here. you have undoubtedly been hearing about this song throughout the day. it came out back in may. the video is new and that's why it is getting a lot of attention. just seeing that all be laid out. do you think the criticism is fair? >> absolutely. thank you for having me on. i feel like just in general as a writer, any time you put art in a public space, it will invite questions. and questionable art will invite even more questions. given the context, it is up for a rain that people want to look

at why they are accepting this set of images to put across what is clearly an antagonistic attitude. >> just reading through. you look at social media. if you hear networks talk about this. for true jason aldean fans and beyond, well versed in country music which has had its controversy, is there a reason that he was familiar with the lynching and is this more of a political statement than one baseded on racial vigilantism? >> i don't know if you need to separate those. it is racialized. i'm not moved by whether he did or didn't know the setting of the location. he certainly knew the context of what he highlights in terms the song lyrics. i am curious about the act of

omission. he could have chosen to comment on charlottesville or on several of the mass shootings that happened inside the country. instead, this very much all plays out as something i feel could be a gang buster title, or a song like the rnc. it is speaking to a very specific sentiment so this idea about the intentions feels totally disingenuous. >> sharon crow called jason aldean out on twitter. even people in small towns are sick of violence. there is nothing small town or american about promoting violence. and she pointed out that he was on stage, as you mentioned, in the 2017 mass shooting in las vegas happened that killed 58 and injured hundreds more. you don't necessarily see a contradiction in terms what he's

saying. the notion of taking one's guns, confiscation versus control. and being someone on stage in that horrific tragedy in las vegas. >> i feel for aldean who fell during the shooting in vegas but also who have survived it. that is a horrific set of circumstances. i can't imagine going through it. and at the same time, i feel like part of this sentiment that he is speaking to, in a perfect world setting, we would be armed enough to fight back in these situations. this is not about, i think these are separate things. the mass shooting is an injustice in part because there's an opportunity from his world view perspective to fight back. and i think a lot of this is about the simmering, boiling over antagonism about the need to want to fight back. lots of circumstances that people feel like it is being taken away from people.

and it is the situation that he's not looking at versus the one he is looking at. >> fascinating. he is number one on itunes. certainly in the national zeitgeist. i wonder whether this will become that rallying cry in other ways. we'll have to see going forward. fascinating to talk to you. thank you. >> thank you. up next, texas congressman castro joins me live on the intensifying going on at the border and how migrants are being treated there. plus, a woman is reported missing. she was found. and now cops are suggesting that there are more than a few cracks in her story. and suspicious google stories in her phone. that's all ahead.

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story we brought you earlier. the doj is now assessing the situation along the texas mexico border amid troubling reports of mistreatment, shall we say, of migrants by texas trooper's. among these serious allegations are the texas officials setting razor wire traps and pushing people back into the water. for more, want to bring in texas congressman joaquin castro. i'm glad to see you, congressman. what has been your reaction to these allegations, and what have you personally heard about treatment of migrants at this border? >> it is just barbaric, what we are seeing there, and it shocks the conscience. it started a month or so ago when governor abbott ordered the razor wire b placed along the banks of the rio grande,

and continued with these barrel traps. taking together the rays -- rail traps are death traps for migrants, but an insider, dps troopers revealed recently that not only do they set up those death traps, but troopers were instructed to push people back into the water, and there's a case of a four-year-old girl who passed out, and it looks like was still pushed into the water towards mexico. another woman who got stuck in the razor wire and had a miscarriage, somebody else broke their leg and was struggling to survive. this is heinous behavior, and governor abbott has encouraged this through his policies. so, we are asking president biden step in and stop governor abbott from what he is doing. >> i will put on the screen for people, there was a joint statement issued by the governor on this issue. they are denying they gave any orders of any kind, and instead say they are prepared to detect

and respond to any individuals who may need water or medical attention. i will let the viewers read the remaining part of that. it is illegal to seek asylum in this country. the action of providing these and putting these booby traps to be generous in the term, do you see this as a legal, and are the actions going to be taken legally against governor abbott, and is biden prepared to do what you are asking? >> first, i hope the president will speak up soon and condemn this action. i know the white house press secretary has done that, but the president should speak up and condemn it. i also, the department of justice, should issue a cease and desist order right away, and do everything they can to stop these inhumane, barbaric practices being carried out by governor abbott and his administration. he did deny it, you are right, but more reporting tonight has confirmed that other troopers and other border patrol agents have, essentially, said similar

things about what is going on at the border. remember, this is a governor, along with the director of public safety, steve mcgraw, who lied to the world about what happened in uvalde, texas, lied for weeks, tried to cover up evidence, never came clean fully. that is who we are dealing with here. >> the idea of what happened in uvalde still haunting, and just the thought of the timeline for an investigation wasn't longer go we were looking at what happened to haitian migrants on the border that took nine months to have an investigation even come out of that unprofessionalism, i think, was the term that was used. congressman, we will be watching to see what was done, what the president will say, and what the course correction might be. thank you for joining us this evening. >> good to be with you. >> next, there are cracks emerging in a young woman's claims she was abducted for two days. now, she is no longer talking to police. what herself phone records, the police are saying, are showing. we will tell you next.

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>> the story has been really captivating me. police and hoover, alabama, are trying to solve a mystery. was a young woman actually abducted as she claims, or was the entire story a hoax? carlee russell called 9-1-1 thursday night, claiming she spotted a toddler walking alone on the side of the interstate, then she disappeared for 49 hours. police arrive on the highway, they found her car, they found herself on, but they didn't have any sign of russell or any child. her phone revealed charges of amber alert, bostic it's to nashville, and info about the movie taken, which is about and abduction. russell did return home saturday night, and told police she was kidnapped. now, she is refusing to talk,

and, well, police are frustrated. when >> someone says something like this, we've put every available resource, everybody comes together, from state, local, federal. it is just a lot of work, it's frustrating to think that all of this has been done, and we can't find anything out. >> community took interest in what really happened. the chief says only carlee russell can tell the truth about what, indeed, happened to her. thank you for joining me, everyone, tonight on cnn prime time. i'm laura coates. cnn tonight with alison camerota starts right now. hey, alison. >> great to see you. >> nice to see you! >> good evening, everyone, i am alisyn camerota. welcome to cnn tonight. the special counsel's grand jury is expected to meet tomorrow to continue their work investigating donald trump's efforts to overturn the 2020 election. legal experts are keeping their eyes peeled fo