i'm margaret brennan in washington. this week on "face the nation" we are in an intensely divisive time in america, with new questions about possible criminal misconduct by former president trump and concerns about his handling of some of the our nation's most sensitive national security secrets. as we struggle to deal with these unprecedented challenges to our democracy. then, on the eve of the one-year anniversary of the u.s. pullout and the taliban takeover in afghanistan, we'll have an exclusive look at a new report about what went wrong, as a new u.s. intelligence assessment says al qaeda is no longer a threat there. all that, plus a look at the country's teacher shortage and

its potential impact on our children. it's just ahead on "face the nation." good morning. welcome to "face the nation." it has been six days since the fbi executed a search warrant on seized at least two dozen boxes of material from former president trump's florida home and resort, mar-a-lago. the dramatic developments each day since have left us with more questions than answers. here is what we know. the department of justice is investigating mr. trump for potential criminal action. a federal court authorized a seven warrant after finding probable cause of impeding the investigation as well as the removal of classified national security records and violation of parts of the espionage act. according to the presidential records act, the removal of materials is illegal, whether

they're classified or not. the fbi seized 11 sets of classified documents, some marked top secret and above, including highly sensitive intercepts, plus material related to the president of france and trump confidant roger stone's clemency. while in office, presidents can declassify most anything, but white house lawyers establish a paper trail. it is unclear if one exists for these items. the search was conducted with two of mr. trump's lawyers on site but was not public knowledge until the former president announced it on his social media platform, truth social, monday night. it was the first of many postings with the familiar charges of hoaxes, witch hunts and other false claims. the outrage from his supporters was fast and furious. >> i want to know what led to this. i think every republican believes that the fbi when it comes to trump and other organizations have lost their mind. >> this should scare the living

day lights out of american citizens, the way our federal government has gone. it's what we thought about the gestapo and people like that. >> threats against law enforcement spiked dramatically online, using extreme rhetoric not seen since the days leading up to the january 6th attack on the capitol. >> any threats made against law enforcement, including the men and women of the fbi, as with any law enforcement agency, are deplorable and dangerous. >> thursday, ricky shiffer, a navy veteran who said he was at the capitol on january 6th was shot and killed by police following his armed attempt to breach an fbi field office in cincinnati, ohio. while the stand-off with shiffer was still ongoing, attorney general merrick garland offered a rare public statement defending the search. >> i personally approved the decision to seek a search warrant in this matter. the department does not take such a decision lightly. >> a court then agreed to garland's request to unseal the warrant. trump's lawyers did not object.

that warrant gave us some insight friday what was seized. the doj investigation began months ago following the national archives discovery that some of mr. trump's presidential records had not been turned over as dictated by law. the former president acknowledged he had taken material to mar-a-lago after he left office and returned 15 boxes in january. soon after that officials disclosed that classified national security information was among those materials. this spring, a federal judge issued a subpoena in search of further records that investigators believed he failed to turn over. on june 3rd, federal agents returned to mar-a-lago to discuss additional material that was missing. cbs news has learned that a trump attorney certified in writing after that meeting that all classified materials had been removed from mar-a-lago. doj suspected that was not the case, which triggered the fbi's retrieval last monday. there is still a lot we do not

know. news organizations, including cbs, have filed a freedom of information act request for the release of the underlying affidavit that would outline evidence and give us insight into why doj officials believe a crime possibly has been committed. we begin today with chief election and campaign correspondent robert costa, chief national affairs and justice correspondent jeff p pegues and jeff macfarlane. i want to begin with the news they issued this bulletin talking about threats to law enforcement around the country. according to the bulletin it says the threats are specific, including a threat to place a so-called dirty bomb in front of fbi headquarters andre telling you about the risk? >> yeah, this is, as you noted, one of the most chilling bulletins i've read, and i've read numerous bulletins dating back to the days of al qaeda and

isis. and so this is the domestic threat here. and according to the bullbullet part of the concern some of these drivers, public officials making statements in support of the search at mar-a-lago or against -- criticizing the search, criticizing the fbi. and so you have fbi officials right now concerned about the safety of their agents, employees in general. and then as you noted, that dirty bomb reference. so there is a lot of concern around the country. this is the kind of bulletin that will go out to all police agencies so that they are intent on sharing information because, frankly, you don't really know where the threat is really going to come from. >> and it mentions continuing concern going into the midterm races as well. robert, i want to go to you now. we were talking about this investigation and putting it in the scope of all the different probes. we tallied them up here. for the former president, there

are at least three investigations at the federal level that we know about. one state probe in new york into the trump organization, a grand jury in fulton county, georgia, is looking at his attempts to overturn 2020. we're not even talking about what's happening on capitol hill. these are investigations under way right now. this, however, triggered the most significant law enforcement response to date. what are your sources telling you about what the fbi has actually found? >> it's such a good reminder, margaret, that among all these investigations that are ongoing, this one going back to the spring has been very serious. the attorney general's statement underscored that. it began with a subpoena in the spring and then the search, the meeting in june, that led to the ultimate search in august at the president's residence. they are looking into the boxes that he had personal materials as well as classified materials allegedly that were then included as part of the trove of materials and documents that went to mar-a-lago. they are highly alarmed behind

the scenes about the possibility that as you have reported intercepts, sensitive information about national security, defense projects were part of what the former president brought back to florida without checking with other people. some associates of the former president say, hey, he is someone who sometimes wasn't organized. but for the justice department, that's not going to be an excuse. that's part of their investigation. what does he have, is it a threat to theional security, and they want him to give it back, but it's already a legal battle. >> and why wait 18 months to act? what thi tremendous response this week? we have so many questions. i want to get to scott and come back to you on the politics of this, because we're already there. but scott, on the threat levels, i know you have been watching the level of concern out there preceding the events of this week. you know, when we look at the former president's statements, he usesoresiege, attack, that the fbi is really

targeting him. he has not called for calm. rhetic.wh impact i immediately k acceleration of ferocious chatter on social media platforms, on chat groups, from potential extremists targeting the judge, who signed the search warrant. they're trying to deduce who the fbi agents were that were part of that search. that's just an inflammation of an already dangerous situation stemming from january 6th. the prosecution of the capitol riots has created its own radicalization. the d.c. federal judges handling the january 6th cases are getting vile, vulgar death threats. the prosecution itself is radicalizing people. now we have a fourth multiplier, a search of mar-a-lago. >> what's sewo interesting is we're not just talking about

rhetoric online. for homeland security to have gone out, and issued a bulletin saying this is a real specific threat, that shows that this is increasing. this isn't just people talking out of school online. >> well, exactly. look what happened inthurit thie who took action, tried to attack this fbi cincinnati office but was shot and killed. but it is the kind of threat that officials are concerned about. these are lone actors who are motivated by some of the drivers, which is these public statements from public leadership that they support, they endorse. and what you are hearing are these calls for armed rebellion. there are people out there who obviously have access to the weapons to really cause some damage. >> which is deeply concerning. robert costa, you have been reporting that the 45th president would like to run

again and is making some plans to run for president in 2024. how does this impact that? >> this is factored into his decision in some way. i'm told by people close to him this weekend that he's still moving toward an announcement despite all of the legal challenges he is placing. >> this isn't damaging? >> we're not saying it's not damaging. this could be extremely damaging. we have so little visibility into what he put in these boxes, was it a grave national security threat. it could be politically explosive down the line, but we don't want to get ahead of that in terms of the political impact. but in no way does it seem to be deterring him. what we are seeing behind the scenes also is he's arguing that he has some kind of declassification. i spoke with national security advisor, the former one, john bolton, who worked for trump. he said any argument that this was somehow declassified won't hold up because he said the president had the responsibility to take care of the records he was given from intelligence briefers, even if he plot them back to the residence.

he had a responsibility to make sure they were filed properly. even if he didn't have the intent of committing a crime, it was the wrong thing to do. >> this is an ongoing story. i know all of you are busy. thank you. we want to go now to california democratic congressman adam schiff, he's the chairman of the intelligence committee and his book "midnight in washington" is now out in paper back. good morning to you, chairman schiff. >> good morning. >> you were typically told about covert operations, ongoing national security threats. do you have any sense at this time whether the information that donald trump had in his florida residence posed any kind of threat to national security? >> well, all i know about the actual materials is what was in that search warrant inventory. but from that alone you can tell there was a serious risk to disclosure potentially of sources and methods because some of those documents were marked

top secret, sensitive compartmented information. that is extreme grave danger to our national security if they were exposed. so that they were guarded with nothing more than a padlock or whatever security they had at a hotel is deeply alarming. i have asked for, along with chairman maloney, a damage assessment by the intelligence community and a briefing to congress. >> will you get one? have you heard from the director of national intelligence? >> i have not heard back yet but i am confident we will get one. i'm confident the intelligence community will do a damage assessment. i think that is fairly routine when there has been the potential risk of disclosure of national security information or classified information. and what is to me most disturbing here is the degree to which at least from the public reporting it appears to be

willful on the president's part. the keeping of these documents after the government was requesting them back and that adds another layer of concern. >> so if there were truly materials of this classification level and it's been publicly reported elsewhere that there were materials related to nuclear programs, for example, if there was that sensitive level of information being held, why did justice department officials wait 18 months after the end of the trump presidency? what changed that made this immediate? >> i don't know. but if the trump people represented that they provided all the classified or national security information and didn't, that's a serious problem. i can tell you anyone in the intelligence community that had documents like that marked top secret/sci in their residence after authorities went to them, you know, they would be under serious investigation. >> you know, the president has

broad declassification authority when he is in office, but typically a declassification is memorialized in some way. can you seek out the answer to the question of whether there actually is record of whether donald trump declassified that? that's his defense here, that anything he had, he had already declassified. >> yes, we should determine whether there was any effort during the presidency to go through the process of declassification. i've seen no evidence of that nor have they presented any evidence of that. the idea -- first of all, a former president has no declassification authority. >> right. >> and the idea that 18 months after the fact donald trump could simply announce, well, i'm retroactively declassifying or whatever i took home had the effect of declassifying them is absurd. but nonetheless, the statutes the justice department are asserting in the search warrant don't even require that they

still be classified. if they would be damaging to national security, it's a problem. it's a major problem. and finally, i'd like to add the reaction of many of my republican colleagues and those around the former president to attack the fbi over there and endanger fbi agents is just another damaging level of irresponsibility. >> also, we learned this past week that your colleague, congressman scott perry, who leads the freedom caucus, the justice department seized his cell phone as part of their investigation into the attempts to overturn the election results in 2020 and that slate of fake electors. the committee looked into his actions and the slate of fake electors. we heard during the public testimony about that and some conspiracy theories that he had been talking to mark meadows, the chief of staff, about. are those two parts of those investigations overlapping here?

>> well, to the degree that the justice department appears to be investigating the fake elector plot, then yes, our investigations would very much be overlapping. what is to me most striking about the seizure of that phone is in order to do that, of course, thould h to a shong jud or a grand jury about there being probable cause that there was evidence of a crime on that phone. and the fact that it was a member of congress' phone i think would make the justice department all the more certain or need to be certain that they had the probable cause. that also suggests the department thinks that this fake elector plot was a violation of law, which i think it certainly was. so i think it's very significant in all those respects. >> and just that is its own federal investigation there. on another topic, i want to ask you, we are coming up on this

one-year anniversary of the u.s. withdrawal from afghanistan and the taliban takeover of that country. you said at the time of the withdrawal that you would have liked the military to stay on as long as necessary to get americans out and fulfill our obligation to our allies. you had pledged vigorous oversight. we haven't seen the white house or state department of action reports on this. the country is just in utter devastation under taliban rule. did it really have to be this bad? >> well, i certainly don't think the withdrawal had to go as it did and the loss of american lives during the withdrawal and the degree to which it took months and months and we continued to try to help people escape from afghanistan i think could have been handled differently. but i do think that we have demonstrated, the administration has demonstrated with the killing of the number two in al qaeda under bin laden that it

retains the capability, much as it said it would, a year later to go after those that threaten the country wherever they may be. in this case the heart of kabul. the killing of zawahri shows the danger and that clearly high elements of the taliban government knew that he was there and giving him safe harbor. we can and will go after anyone. >> is al qaeda still an ongoing threat? >> al qaeda is an ongoing threat. i think the threat from al qaeda is probably greater outside afghanistan than it is in afghanistan. >> chairman schiff, thank you for your time this morning. we'll be back in a moment. ♪ ♪ ♪ ♪ covid-19. some people get it, and some people can get it bad.

and for those who do get it bad, it may be because they have a high-risk factor - such as heart disease, diabetes, being overweight, asthma, or smoking. even if symptoms feel mild, these factors can increase your risk of covid-19 turning severe. so, if you're at high risk and test positive - don't wait - ask your healthcare provider right away if an authorized oral treatment is right for you. we go now to pennsylvania republican congressman brian fit fitzpatrick. he joins us from philadelphia. congressman, good morning to you. i wonder, as a former agent

you've seen the warrant as we all have. what does it indicate to you about a potential crime that was committed? >> yeah, thanks for having me. well, i think it can be summed up in one line, margaret. it was an unprecedented action that needs to be supported by unprecedented justification. part a was it unprecedented action? yes, we know that. this has never happened before in our country's history. to the second question, was there unprecedented justification, that's an open question and we know where to look, the affidavit of probable cause, the one document that remains under seal.se't havt information, encouraged all my colleagues on the left and the right to reserve judgment and not get ahead of yourself because we don't know what that document contains. it's going to answer a lot of questions. when we had the press conference on friday with my fellow telligence committee members, i telegraphed to the press then, i said the documents you'll see unsealed today, which was the warrant, the rider to the

warrant and the property receipt, are not going to shed a whole lot of light beyond the statutes that were being investigated. >> but you voted for a bill in 2018 that made it a felony to possess documents or materials containing classified information. president trump signed that same bill into law. did he break it? >> well, that's what we've got to find out. nobody is claiming -- >> well, the receipt says that he had classified and top secret and above information in boxes at mar-a-lago. >> right. right. yeah, nobody is claiming that it's okay to have -- certainly i'm not, that it's okay to have classified information anywhere outside of a scif. i know that better than anybody given my former profession and current committee assignment. the problem is the administration is disputing a lot of what's being publicly reported so the affidavit will answer that question. it will tell us who is providing misinformation. is it the prior administration or the current administration. we need to get that clarified. >> well, as you know, news organizations are trying to get

ahold of that affidavit but those aren't normally released during an active investigation. is it appropriate to release it now in the midst of an investigation? >> well, that's -- i would say this, margaret. at the very least if they don't want to unseal it fublic consumption, they can certainly bring it into the scif to bring it to our house intelligence committee members. we after all do have oversight over the entire intelligence apparatus. that's what's puzzling to us, margaret. myself, mike turner, fabulous member of congress from ohio who's taking a very measured approach as well, we understand the dynamics at play here. we just want to get to the truth, that's it, objective truth. we're not taking any angle from any side here. >> and i want to get to some of that truth and fact as we know it more on the other side of a break. i also want to talk to you about the threats against law enforcement that we are seeing, so please stay with us and we'll continue our conversation in just a few minutes. we'll be right back.

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