john eastman has been under a lot of scrutiny from the justice department back in june. federal agents seized eastman's phone and now there's reporting that suggests that doj is looking for the testimony of officials who pushed back on eastman's plan to overturn the election. we reported yesterday that former white house counsel pat cipollone has been subpoenaed. now according to multiple reports, deputy pat philbin has also been called to testify before a washington, d.c., grand jury. both men were in the white house on january 6th and pushed back against some of the most extreme ideas peddled by trump's allies. joining us now, new york times congressional reporter luke broadwater and also harry littman, former deputy attorney general and former u.s. attorney and host of the talking heads podcast and msnbc contributor, my friend, charlie sykes, editor-at-large at the bulwark. charlie, let's start with you. i read the email between eastman and giuliani. a lot of us have now staked our reputations on the claims of election fraud and this would be a way of -- to gather proo

another person who did was john eastman.'ve written that back to its mystery, that the vice president can determine who the next president of the united states is, in your words, and cracked at every turn. could you please explain briefly your analysis? >> it was my honor, mr. wood, to serve as law clerk. i could answer that question perfectly if i had at my disposal either mr. eastman's tweet or my own in a little tweet of september 21st. but i don't. but that said, let me try to remember the analysis of mr. eastman's analysis. >> judge, i can read to you and the audience what i think was a really key passage from your very insightful analysis. you wrote, i believe that professor eastman was incorrect at every turn of the analysis and is january 2nd memorandum, beginning with his claim that there were legitimate competing slates of electors presented from seven states. if already address that issue. but your next sentence said, continuing to his conclusion, the vice president could unilaterally decide not to count the votes

by the way, another piece of reporting by maggie in the times, john eastman wasn't actually doing this pro pro bono. >> he wanted money. >> he was asking for help collecting those fees. >> he wanted, the amount was, he wanted help collecting 270,000 dollar invoice that he sent to the trump campaign for his legal services. >> could this be a more perfect donald trump story? stiffing contractors is something that goes back decades. john eastman may get himself indicted, but donald trump is still not gonna pay his legal fees. >> thank you alex. thank you jeffrey. he's making deals on environment, gun, safety but his approval rating is still only a 36%. what gives?? ♪ it wasn't me by shaggy ♪ you're never responsible for unauthorized purchases on your discover card. ♪ meta portal go. look professional. ♪ even if you don't feel it. meta portal. the smart video calling device... - right on time! - of course. that makes work from home work for you. so, shall we get started? - common percy! - yeah let's go! on a trip. book with priceline. you save more, so you can “woooo” more. - wooo. - wooo.

and john eastman may get himself indicted but donald trump's still not going to pay his legal fees. >> thank you, alex. thank you, jeffrey. i appreciate it. he's making deals on climate, health care, manufacturing, gun safety, but biden's approval rating is still sitting at 36%. what gives? twice as hard when you take it again the next day. so betty can be the... barcode beat conductor. ♪ go betty! ♪ let's be more than our allergies! zeize the day. with zyrtec. buried in receipts, invoices and other paperwork that's preventing you from doing what matters most? then get the all new epson rapidreceipt smart organizer to scan, digitize and organize your documents and receipts. paper goes in and stress goes away. it's the only solution on the market specifically designed to extract and digitize key data trapped on receipts and invoices. and it integrates with financial software like quickbooks and turbotax. transform paper documents like contracts, tax records, warranties, wills, even recipes, into searchable pdfs. so the information is always right at your fingertips, safe and secure. wi

that is a ridiculous legal theory and according to eric herschmann he told john eastman straight up, that is potentially illegal. you need to get yourself a criminal defense attorney and that will go to the issue of intent. did john eastman, did others know this plan was not just bad legal advice, but crossed the line into illegality? >> let me turn to the other big issue this morning and big headline. there is a lot we're covering here. the doj's move to keep that affidavit that led to the search warrant of the president's -- the former president's home at mar-a-lago under seal. now, you have described releasing this, up sealing it as a game changer. how so? >> well, bianna, it is completely unusual to have a document like this unsealed at this early point in the case. if this comes out, we are going to see chapter and verse exactly how doj prosecutors establish probable cause to a judge. this is going to be a long written narrative document, it is going to lay out doj's evidence in a way that doj as a rule never reveals in the early stages or during an ongoing investigation. as a p

john eastman as. well could they become target?absolutely they very well could be, and they could be targets as we speak right now. we don't know what the prosecutor has told their attorney. they're certainly going to be ordered. and they have been ordered to show up in georgia to testify. >> nick, thank you, i appreciated. >> thank you. >> representative liz cheney losing her primary last night to a hardened election denier. but with this loss and other victories for the big lie believers, is there any room in the republican party for truth tellers? i'm gonna ask georgia tenant governor, next. bar ks] [dog panting] [dogs barking] [dogs growling] [dogs whimpering] (vo) the subaru crosstrek. dog tested. dog approved. [dog barks] if you think you have dupuytren's contracture, there's a simple test you can take—from anywhere. try to lay your hand flat against a surface. if you can't, you may have dupuytren's contracture. talk to a hand specialist about your options, including nonsurgical treatments. this? this is supersonic wifi from

in the meantime, conservative lawyer john eastman is trying to avoid the grand jury. he has a hearing right now in new mexico to fight that subpoena. both men along with other trump advisers who have been summoned echoed election fallacies that trump votes were somehow stolen. cnn's sara murray is outside the fulton courthouse where giuliani has been, what is it, six hours now? >> reporter: he's been back there for a while. 9:00 a.m. is when they got rolling. before he went in, his attorney was pretty clear that if these prosecutors thought they were going to ask rudy giuliani anything about his conversations with former president trump who is of course the former client of giuliani's that they were delusional. here's what giuliani had to say to himself to my colleague nick valencia when he was on his way in this morning. >> reporter: when you met with georgia lawmakers did you lie to them? >> we will not talk about this until it's over. it's a grand jury, and grand juries as i recall are secret. >> reporter: do you believe president trump is the ultimate target of th

maybe an interest in looking a at the conduct of people like john eastman.ll in the white house counsel, deputy white house counsel, particularly in the wake of the testimony they gave to the 1/6 committee unless you're looking squarely and directly at donald trump. >> is there testimony that cipollone or philbin would give to a grand jury that they were not willing to give to the january 6th committee. we're told cipollone invoked executive privilege many times. we saw in the video his reluctance to describe any specific conversations with donald trump. can the grand jury force him to? >> not in connection with the testimony he'll give in realtime. there's two things perhaps going on. one is it's possible that the justice department through sip loan cipollone can convince them their claim of executive privilege or other privilege is too broad and having looked at the testimony he gave before the january 6th committee, winnow it down a little bit if they're reasonable people and will negotiate. the second thing is more likely, that cipollone and others will

> also this hour, the newest witness to appear in front of the fulton county grand jury today, john eastmane main architect of the strategy to keep former president trump in power. why his team is comparing him to john adams and ruth bader ginsburg. >>> one of the capitol police officers finishing testimony here in washington, taking the stand during the trial of accused rioters. we're live at the courthouse with his emotional testimony and how the defense tried to make its case. i'm hallie jackson in washington with a busy news day for you. i want to bring in julia ainsley, congressional investigations reporter for "the washington post," along with former u.s. attorney and deputy assistant attorney general harry lipman. let's run through what we are learning from this filing. it's a lot. we've been talking about it a lot. here it is in one place, right? documents were probably concealed and removed before the fbi search at mar-a-lago. it reveals more than 100 classified documents were found on that day, august 8th, twice as many as mr. trump's lawyers turned over when the fbi first asked t

. >> you, maggie, have some fascinating reporting out this morning that looks at how john eastman, and this is based on emails that you obtained, was trying to continue on with trying to overturn the election after the insurrection and even after biden's inauguration. >> that's right. john eastman sent an email to rudy giuliani and a few others on inauguration day, a few hours after joe biden had been sworn in, including his bill for $270,000 that he was trying to get from the campaign for what he had done in december and january to try to thwart the results of the election and also to pitch forward future investigations. he wanted to go after the georgia senate runoffs and said explicitly in the email this will help us, quote, unquote, gather proof of fraud. he said they had -- a lot of them had, quote, unquote, staked our reputations on these allegations of voter fraud, implicit in that is that they didn't produce evidence to suggest that voter fraud was real and he made this pitch for continuing to go forward. it is shocking that he wouldn't move off of this. it was also stunning --

. >> he's explaining a conversation with john eastman. souri. john, you actually led the questioning of eric herschmann for the january 6th committee. what story does he have to tell? where does he fit in this? >> yeah. so, he's a really important witness, to borrow a line fromfrom "hamilton," he was in the room where it happened. he was attorney and close adviser to president trump. there are a lot of things he can talk about, like that clip you just show demonstrates, he can testify about his interactions with john eastman and the entire proposal to have the vice president unilaterally overturn the results of the election at the joint session of congress on january 6. he can talk about the plots to appoint jeff clark as acting attorney general so he could try to change the results of the election. i think he'll at least be asked about the so-called fake elector scheme. i'm not sure how much personal knowledge he'll have with that. but there's a whole range of issues that he can be asked about. you can tell from that clip, he's a good sto

. >> so the john that he's referring to is john eastman who was trying to convince trump that the election had in fact been stolen. but the fact that hirshman has been subpoenaed, what does that tell us about where it stands. >> it's obviously ongoing. the justice department continues to conduct an investigation into not only the violence that occurred on january 6th but the effort to overturn the election and eric hirshman was obviously -- we know from his january 6th committee testimony -- aware and involved in many conversations with the lawyers, like john eastman, who were advising the former president about how to overturn the election through legal arguments. and so now that he has been compelled, that gives the justice department a way to compel his testimony and he's -- he was a very candid witness to the january 6th committee. so i will be interested to learn to the extent we learn what take place place through reporting of the grand jury, what he ends up testifying to. >> all right, thank you so much for breaking that all down for us. >>> top house democrats are saying that the i

i hope pat cipollone just actually tells the truth. >> speaking of john eastman, new york times reporting just hours after joe biden's inauguration, eastman emailed rudy giuliani about challenging the outcome of runoff elections in georgia for those two senate seats that were won by democrats. the times also adds that easeman wanted guilliani's help in getting paid after we build the trump campaign 270,000 bucks. justice department also suing trump's former advisor peter navarro to force him to turn over emails with this time in the white house. there's also new reporting about the missing phone messages, more missing messages of trump defense officials. the deleted messages related to january 6th include those from former acting defense secretary chris miller. last week house investigators released audio of miller's sworn testimony refuting trump 's claims that he put the national guard on standby prior to the insurrection. >> there was no order to put 10,000 troops to be already for january 6th? >> yeah that's correct there was no direct, there was no order from the president. >> meanwh

cipollone thought john eastman's theories were naughty. something mr. cipollone would not refute. >> we received testimony from various people about this. that one was jason miller, who was -- said that -- passable any thought the idea was 90. at one point, -- the same sentiment. >> i don't have any reason to contradict that. >> on january 4th, and john eastman went to the white house to meet with the president and vice president. mr. cipollone tried to participate in this meeting, but he was apparently turned away. >> you didn't go to the meeting in the oval office where easement went to meet with the president. do you remember why you didn't personally attend? >> i did walk to that meeting, i did go into the oval office with the idea of attending that meeting. ultimately, i did not attend that meeting. >> why? not >> the reasons for that -- >> were you asked not attend the meeting or did you make the personal decision not to? >> again, without getting into -- >> recall that greg jacob, the vice president's counsel stated that mr. eastman acknowledged

we also know that john eastman was searched in this, there's inquiries into fake electors, subpoenas going out all over the country into different battleground states to try to get information from them not just about what they were talking to with one another as they were gathering to put their votes toward donald trump after the election, but also, what their communications were with trump campaign people. so if you take this altogether, it's several atmospheres about what this investigation might be, adam kinzinger was on new day this morning, and this is how he was summing it up. >> i'll say, this is probably bad for former president trump. i mean, if he goes in front of the grand jury, it shows that this is more than what did john eastman do, the attorney that came up with the crazy scheme to overturn the election, and it probably is in deep interest on what the president did. >> one of the interesting things is that the house select committee already has these people under oath. we saw mark short testify publicly, we saw pat cipollone and clips, the depositions of these house c

and the person he's talking about right there is john eastman.hat it says even if the president isn't under the microscope here, any constellation of people around the president, including john eastman, who was having conversations with the president, is perhaps likely to get charged with a crime. so, again, even -- you move beyond just the president of the united states. there's a lot of people probably in a lot of trouble here. and it's senior level staffers -- >> greg jacob. >> focuses like that provide the most useful testimony because they were in the room and can say what they heard and saw. >> it's very complicated a time with so many investigations. appreciate the clarity. >>> it's a defining day for president biden and the democrats. a signing day at the ceremony to cut prescription drug costs and to fight climate change. the day of the heart attack, i was scared. i didn't know what to do. seeing my daughter have a heart attack, it shook me. aspirin helps reduce the chance of another heart attack b31%. be sure to talk toour doctor before

another way that could come up, we've seen that john eastman had brought litigations, to challenge the search warrant in connection with his phone. it has not been successful litigation, but it has certainly given us, on the outside, insight into what the justice department was doing. and so, you could imagine that donald trump would bring some sort of litigation. i'm not sure he would, just because i'm not sure he really wants the public to know what it is that the justice department alleged in that affidavit, because i suspect he knows that, since he knows that he has there, that it's not good for them. for instance, there's been a lot of talk on social media about the fact that the president has the inventory, that is, after the search, the fbi is required to leave an inventory of the documents that were found. it's not document by document, but it's certainly by category. and that information could be quiet damning to the former president. and he is in possession of that document. so, if there is really nothing to hide, why isn't he disclosing that? >> tim o'brien, speaking of noth

john eastman, jenna ellis standing there, rudy giuliani. they have been ordered to testify, with all of the attention going on at mar-a-lago, how big of a threat does this fake elector investigation remain to the former president? >> i think the fake elector scheme is one of the most serious that we've seen in the course of the january 6th committee investigation. -- >> this is concrete fraudulent attempt. -- >> absolutely. this is a intricate, fully executed, but nevertheless scheme tip completely undermined the results of the election. and it happened, not just in one place, but with teams of people in multiple states. there's a lot of evidence to go around. >> they sent it into the national archives, they sent these fake slates, it wasn't just, let's talk about it over cup of coffee. it happened. that's illegal. >> will someone be held responsible for this? >> i think there's a good chance, but as with all of these january 6th crimes, the folks most likely to get in trouble first are probably the furthest away from the top level drivers.

. >> let's talk about the lawyer, john eastman. he tried to get vice president pence to not certify the election. is he trying to get out of a court appearance? >> reporter: he's one of five trump-linked campaign lawyers who have been given a subpoena to appear before the special purpose grand jury. eastman is expected to fight that subpoena, to try to quash that the next hour. a lot of legal wrangling going on for these folks in the former president's inner circle. alisyn. >> nick valencia, thank you, for the lastest from the courthouse. >>> earlier today in new hampshire former vice president pence addressed the january 6th insurrection and said he would potentially be willing to speak with the committee investigating the attack. >> if there was an invitation to participate, i would consider it. any invitation directed to me i would have to reflect on the unique role i was serve in as vice president. it would be unprecedented in history for a vice president to be summoned to testify on capitol hill. as i said, i don't want to pre

>> he's a big witness because he had those key interactions, the one you described with john eastman about this theory that they had, which was essentially setting aside the electors. first of all, stopping the count, and then trying to find a way to get these fake electors, including the ones they were trying to get from georgia, to throw the election, to keep donald trump in power. now, hirschmann was a white house lawyer, so that means he very much likely had interactions and conversations with the former president, and we know, jake, the justice department is looking to find a way to get to those conversations. we know one of the things they're trying to do is prepare a legal fight to try to make sure they can get to some of those conversations with him and with other lawyers. >> all right, at least two investigations seemingly heating up. >> turning now to the new push for details about what exactly the fbi removed from mar-a-lago. as cnn's kristen holmes reports for us, top republicans and democrats are joining together now to ask the justice department for more insight into th

john eastman clerked for the judge. judge provided counsel to the vice president's team in the days before january 6. the judge will explain how eastman was "wrong at every turn." you will see the email exchanges between eastman in the vice president's counsel as the violent attack on congress was underway. mr. jacob said this to mr. eastman. "thanks to your bullshit we are under seizures." you will see evidence that he did not receive the legal position he was taking. the months before the 2020 election eastman took exactly the opposite view on the same legal issue. in the course of the select committee's work to obtain information from mr. eastman, we have had occasion to present evidence to a federal judge. the judge evaluated the facts and reach the conclusion that president trump's efforts to pressure vice president pence to act illegally by refusing to count electoral votes likely violated two federal criminal statutes. and the judge also said this, "if dr. eastman and president trump's plan had worked, it would ha

earlier this summer, fbi agents seized lawyer john eastman's phone and raid ed his home. >> this is moren eastman do, the attorney that came up with that crazy scheme to overturn the election, and it probably has a very deep interest on what the president did. >> reporter: cipollone's subpoena is significant because he was close to the president and in the west wing on january 6th. >> i think i was pretty clear there needed to be an immediate and forceful response, statement, public statement that people need to leave the capitol. >> reporter: cipollone sat for several hours of a closed-door deposition with the january 6th select committee. careful not to divulge any conversations directly with trump, former prosecutor e elel elie honig said those could prove to be a hurdle for justice department prosecutors. >> donald trump might try to step in and claim executive privilege in front of a grand jury. there's a difference between claiming it and actually winning on it. this is what happened in the richard nixon tapes case back in 1974. >> reporter: nixon's tapes were ultimately ordered re

. >> reporter: that is herschmann talking about how he pushed back on trump lawyer john eastman's efforts to overturn the 2020 election. also the "new york times" reports a top trump organization executive charged with participating in a year's long tax scheme is nearing a plea deal with prosecutors. the "times" says alan weisselberg will now be cooperating in a broader investigation. and also rudy giuliani has been named a target of the georgia grand jury investigation. here is giuliani's reaction on the right wing channel newsmax. >> when you start turning around lawyers into defendants when they are defending their clients, we're starting to live in a fascist state. >> starting to live in a fascist state. let's bring in dave aaronberg wo is keeping up with all the developments. you heard giuliani say that any remarks he made in the georgia case are either covered by the attorney/client privilege or they were made on donald trump's behalf. is that legitimate defense for giuliani here? >> it is not because from the beginning of this investigation in fulton county, the district attorney f

we are talking about lindsey graham, but also rudy giuliani, john eastman, jenna ellis.thing that tends to happen towards the end of an investigation is, that right? and if so, what influence do you draw about where fani willis is right now in her investigation? >> yeah. i mean, these are the key people. to have them go into the grand jury, i commend her. because that's what you need to do. you need to have the people who are actually on the calls. she is actually set forth to the district court what she wants to talk about. two phone calls that lindsey graham made to raffensperger. and his coordination with the trump campaign. none of that is something that is protected by the speech and debate clause. and frankly, as somebody who is a public servant, he has an extra duty, and should want to give his testimony. if there is nothing to hide, and he did nothing wrong, i mean, i know this sounds naive but he really supposed to be going into the grand jury, just like any of us would have to. >> i want to switch gears, if i could, andrew, because we do have so many parallel i

and it was earlier today that john eastman, one of the five trump campaign attorneys that were subpoenaed by bonnie willis, the lead investigator here in this investigation. he was unsuccessful in his bid to get his motion or his subpoena quashed, a judge saying he's going have to show up here one way or the other. >> nick, thank you very much. live in fulton county. "outfront" now, the chief investigative correspondent for yahoo news, breaking a lot of news on the fulton county investigation. giuliani was there for about six hours today before the grand jury. his attorney had signaled that he would not be responsive. the comment was, we know how to play hardball. but giuliani being a target raises the question about trump's criminal exposure. what is the latest you're hearing about that? >> first of all, we can't say this enough. the fulton county investigation is the most imminent legal threat the president has right now. more so that what the justice department is doing on the mar-a-lago search. more so than what the justice department is doing on january 6th. because bonnie willis, th

hirschmann regarding john eastman, telling him to get a very great criminal lawyer, telling mr. clark that he was preparing to commit a crime on his first day as attorney general. i'm not surprised that the justice department wants to speak to him now that they're focused on that investigation. >> and, jessica, the justice department has been gearing up to prepare for the legal fight to try to get answers from white house employees, namely pat cipollone, who there were some negotiations before he went in to speak with the 1/6 committee. are they expecting any pushback from hirschmann and others considering how forthcoming they were in those depositions and the testimony before the house committee. >> we know that our team has reported here that prosecutors with the justice department, they are preparing for what could be an executive privilege fight that will play out in the courts and could go all the way to the supreme court. so no doubt it's a lot different maybe than sitting for a deposition with the january 6th committee. maybe refusing to answer certain questions. we saw p

there's also been searches of people who were directly in touch with trump, john eastman, his elections attorney. there was also search of jeffrey clark at the justice department trying to do trump's bidding and was almost going to become the attorney general and now there's also grand jury activity, testimony coming from top officials in the office of the vice president. and now to the subpoena to pat cipollone. here's how representative adam kinzinger was framing it this morning on "new day," what it meant to him seeing this happen now from the justice department. >> i'll say this is probably bad for former president trump. i mean, this is -- if he goes in front of the grand jury, it shows that this is more than, you know, what did john eastman do, the attorney that came up with the crazy scheme to overturn the election. and it probably is a very deep interest in what the president did. >> so right now we don't know who the target in this investigation is. but we know that the justice department already knows what cipollone has to say about a lot of things because he spoke to the hous

which i then connected with john eastman's theories. >> the startling conclusion is this. even in agreed upon, complete lack of evidence could not stop president trump, mark meadows and their allies from trying to overturn the results of a free and fair election. so, let's return to that meeting at the white house on the evening of december 18th. that, night a group showed up at the white house, including sydney powell, retired general michael flynn and former overstock.com ceo patrick burn. after gaining access to the building from a junior white house staffer, the group made their way to the oval office. they were able to speak with the president by himself for sometime, until white house officials learned of the meeting. what's ensued was a heated and profane clash between this group and president trump's white house advisers, who traded personal insults, accusations of disloyalty to the president and even challenges to physically fight. the meeting would last over six hours, beginning here in the oval office. moving around the west wing and, many hours later, and a up

john eastman, the attorney at the center of trying to pressure vice president mike pence to overturn the results of the election, trump found him because he was talking about the russia investigation on fox news. so it's not a huge surprise. this is often how trump brings people into his inner circle because he sees them talking about him on tv, boosting him, defending him, and he likes him. john eastman ended up in the oval office and now christina bobb is the public face -- >> maybe she's a great attorney. everybody deserves great attorneys. >> kristen is reporting there are a lot of people in trump' inner circle that are worried. he does have two other attorneys who are working behind the scenes and are not publicly on television, but trump likes to have people on tv defending him, not just in court. both of them are almost equal in importance. >> is it important that he picked an attorney named trustee? he always liked his generals to look a certain way. >> i think he knows jim trusty from being in washington and from other recommendations that he got. >> he's being described as

where john eastman filed a motion, challenging the search, and repeatedly trying to get his property back, and that gave the public. and the punditry a lot of information about what was going on. so there could be litigation prior to the charge that we give us more of a sense of what exactly that department has and the y decided to proceed this way. and my point would be if the attorney general decided to proceed by a search, warrant not by subpoena, there has to be strong reason that he believed that there would be obstruction. that those documents would not be produced, or they would disappear. this is not a state step that you take lightly. i've been on the other side of this when we were -- looking at much smaller stakes, deciding whether to do a search with paul manafort, or did issue a subpoena. these are hard decisions, but the critical factor in making that decision as whether you can trust the person who received the subpoena to produce the documents. and clearly, there's no question that merrick garland was given enough reason to think that wouldn't happen. >> i want to con

in the final days of the trump white house, eric kirschman witnessed key meetings and told john eastmaned a good criminal defense attorney. >> catherine herridge, thank you. >>> first lady jill biden has tested positive for covid-19, just weeks after president biden today. she is experiencing mild symptoms seasoned anderson is taking paxlovid while isolating in south carolina. the president tested negative this morning. >>> let's turn now to ukraine, where president volodymyr zelenskyy is demanding russian forces withdraw from a besieged nuclear facility there. while ukraine's state-run nuclear power company accused russia of carrying out a massive cyber attack on its website. meanwhile, ukrainian forces are fighting back in the country's south, and cbs' charlie d'agata is there. >> reporter: huge explosions rocked crimea once again today. turning an ammunition depot into a fireworks display, triggering a mass evacuation. russia called it an act of sabotage. ukraine hinting it's the work of elite covert teams deep behind enemy lines. part of an apparent strategy to hit russia where it h

there he was marched by the agents in his shirt or take john eastman who recently shared a video of himself being lawfully searched during what you see there, this was shared with fox news but it was eastman's video, police made him put his hands on his head, they took the phone under the judge-approved warrant. might seem like something people do not want to share. no police brutality, just eastman's criminal evidence himself with the warrant, that's under law and ever the lawyer he decided to tell them what he thought of the situation. that's the playbook which gives context to news first reported on cnn and confirmed by nbc that trump aides are mulling release of their own surveillance video of the mar-a-lago search, which would be a similar playbook to try to grab some kind of attention around what is a lawful search that most people wouldn't want to publicize. most people wouldn't say oh, i've just been searched. this was stressful. hey, honey, can you get the video from the home cam? let's put it on the internet or the television? let's show everyone people searching our home. what's

i think he is in trouble, i think jeffrey clark, john eastman, perhaps mr. giuliani, it's going down as they say. >> just to be clear, our reporting as of now is this has to do with the issue of archives and documents, it is not directly related to january 6th is our reporting. it doesn't mean if they find something connected to january 6th they can't take it if it's in plain sight. the reporting we did get oversight, jessica, is that the fbi and investigators were concerned that the president and his staff weren't being straight with them about these documents. is that the type of aggravating circumstance here that would make executing a search warrant necessary? talk to me about that. >> it's important to emphasize there is still a lot we don't know including exactly what crimes the fbi was there to collect evidence of and to which they had sworn out an affidavit establishing probable cause to a judge's satisfaction that a crime had been committed and that evidence of it would be found on the premises. but with that caveat if the reporting is accurate that

you know, we've already had search warrants of trump adjacent persons like john eastman. their items have been searched. it's only's matter of time that they'll work up the chain to other potential targets. the next steps are going to be whether the fbi's found what they were looking for. they'll look through everything they found and see if that leads to other crimes, other individuals who they can be targeting. >> with that let's turn now to abc's ike ejiochi with some of the other developing headlines related to former president trump, as well as the january 6th investigation, ike. >> reporter: that's right, andrew. "the new york times" maggie haberman has claimed former president trump has flushed handwritten presidential documents down the toilet and now we're seeing images for the first time. axios was first to publish the photo that reportedly shows papers in a white house toilet and a toilet from an overseas trip. abc news has not authenticated these and unclear what they appear to be but appear to be written in trump's handwriting. haberman reported that trump wo

and john eastman ended up in the oval office and christina bob is a public face of his -- >> [inaudible] everyone deserves great attorneys around them. >> i think christine is reporting about -- there are a lot of people in trump's inner circle, ordinarily because christina bob is when making decisions, he does have two other attorneys, corcoran and trusty, who are working behind the scenes, they're not publicly on television. but, trump likes to have people on tv defending, i'm not just in court. both of them are all almost equal in importance. >> is a coincidence that he picked an attorney named trusty? because i know he does like how people look at how people up here. he always liked his generals to look a certain way. >> i think he knows jim trusty from being in washington and from being in other recommendations that he got but it is -- >> he has been described as one of the most experienced attorneys that the president has around him. >> same with evan corcoran, which people would recognize him from -- he also defended bannon. so, when you would see evan corcoran come up to the cou

, p that not jonathan clark, jeffrey clark and john eastman both had search warrantsn executed on them inth june. jeffrey clark, i believe, was pulled out of his house iney pajamas when they were w searching him. then you had grand jury subpoenas recently to pat cipollone and patrickav philbin. so search warrant, search warrant, subpoena, subpoena, scott perry, the phone and now that this is collect, this is they are the garbage i men . they're collecting evidence to funnel to the department of justice to support the january six investigation. andy said that all along that one little paragraph seems toic indicate that they take anythingate, anything they want just all of trump's talking points have exploded in his face, whether it's on stuff that he has released on his social account himself ore the people he has dispersed all over television to proliferate his liessisio, including his own children, saying that he didn't get a copy of the warrant question about his attorney confirmed that on our network and other networks, they did have the warrant nethe w there. he said president obam

overturning the election, and told one advisor, john eastman, he needed a good criminal defense attorney, norah. >> o'donnell: catherine herridge, thank you. we want to turn now to the closely-watched primary in the deep-red state of wyoming. polls just closed there, and tonight, republican voters are poised to replace their state's only house member: congresswoman liz cheney. her political fortune turned when she became one of donald trump's fiercest critics. cbs's robert costa is in jackson, wyoming. >> there's nothing more important than the defense of our constitution. >> reporter: cbs news was the only tv crew there as congresswoman liz cheney headed to the polls, alongside her father, former vice president dick cheney. what's at stake today, congresswoman? >> we are facing very challenging and difficult times. we are facing a moment where our democracy really is under attack. >> reporter: cheney was once a star of the republican party, winning office in 2016, the same time as donald trump. but after the capitol attack, she became one of trump's sharpest critics. as vice chair of th

reasons they have said, the da fulton county has expressed wanting to have this testimony, you have john eastman, john ellis who lost legal battles this week, this is about trying to uncover information they have, not just about what they know, but others who might have more information. is that going to be a winning argument in the sense of this investigation, moving much quicker than january 6th, but, the idea of the court saying, this would be so crucial, not just for what you've done and have alleged done, but what you'd be able to tell and demonstrate. is that where we are going here? >> it's a winning argument for my colleague in fulton county, she will be able to tell the appellate court we need this testimony. because lindsey graham made a phone call to raffensperger the secretary of state just like donald trump did, were the in cahoots? was there coordination? is this part of a larger scheme? she's known for her racketeering cases so this could be part of that, but lindsey graham has no excuse. he should testify, he's not a target of the grand jury. i don't think he will be prosecuted t

but having said that, we've seen john eastman even without that kind of underlying affidavit make motions that was obtained for his phone. those motions have not been successful, but there is a way to go to court to make those kinds of applications if they thought that this was defective legally, and the fact that they haven't, to me, is very similar to his many, many lawsuits that he brought to claim that the election was fraudulent, all of which he lost. so, you know, i think the fact that he's not gone to court is because he might be afraid to get the answer from a court, which is that everything here was done by the book. >> yeah, i think he might -- he probably at this point is paying his own legal bills too. god knows the man does not want to go to court and waste money on a losing cause. betsy woodruff swan, andrew weissman and asha rangoppa, thank you for spending some time with us. the party of law and order basically saying the next president, he's above the law. the republicans coming to the defense of donald trump and vowing to investigate the fbi and worse. more on all of thi

john eastman took the fifth. others like steve bannon and peter navarro simply refused to comply with lawful subpoenas and they have been indicted. mark meadows has hidden behind president trump's claims of executive privilege and immunity from subpoenas. we are engaged now in litigation with mr. meadows. the american people in our hearings have heard from bill barr, jeff rosen, richard donahue, and many others who stood up and did what is right. and they will hear more of that testimony soon. but the american people have not yet heard from mr. trump's former white house counsel. our committee is certain that donald trump does not want him to testify here. indeed, our evidence shows that he and his office tried to do what was right. they tried to stop a number of president trump's plans for january 6th. today and in our coming hearings, you will hear testimony from other trump white house staff, explaining what he said and did, including on january 6th. we think the american people deserve to hear from him person

then, john eastman, who was approached by six agents at a restaurant in mexico while leaving a restaurant with his wife. they patted him down and forced them to provide facial biometric data, and then they tried the same thing with steve bannon -- bob costello. we can go on and on. the point is that all this violates the first amendment and long-established attorney-client privilege, but it's happening right in front of us. the fbi shackled this form of trump official, peter navarro. he was handcuffed, denied food and water. then, because that wasn't terrifying enough -- perceives them too close to trump. a day after the mar-a-lago raid, this congressman -- while he was traveling with his family, they could have set up something. they did not ask anyone and his family. these are the prominent victims of this crackdown on the biden administration. in the wake of the january 6 justice protests -- more than 900 people have been charged with crimes arriving on that day, 900, almost all nonviolent with no previous criminal record. more than 50 have been sent to prison so far with terminal canc

john eastman called mr. herschmann the day after january 6th, and here's how that conversation went. >> i said to him are you out of your acting mind? i only want to hear two words come out of your mouth for now, orderly transition. >> thank you, mr. chairman. i yield back. >> at the conclusion of last week's hearing, we showed you a video explaining why that come to washington on january 6th. it was because donald trump told them to be here. today we heard about some of the lies donald trump embraced and amplified when it became clear he didn't have the numbers of votes to win the election. we heard about health officials in different levels of government explored claims of fraud, and found no evidence. yet, the former president continue to repeat those false claims over and over again. today will end things where we did on thursday, back on january 6th, hearing words of individuals who wanted to stop the transfer of power. we know they were there because of donald trump. now we hear some of the things they

> also this hour, the newest witness to appear in front of the fulton county grand jury today, john eastmanect of the strategy to keep former president trump in power. why his team is comparing him to john adams

to have to go back to a judge if it is anything like what happened when federal agents seized john eastman's are gonna have to ask a court to gain access to the contents of perry's phone. and if we learned anything about what exactly agents are asking for, that will be very telling as to the arc of that investigation. >> all right, nicholas wu, thanks so much for your time. coming up, the right-wing media uses the search of mar-a-lago to go to war with america's top law enforcement agency. to law enforcement agency short of the new color codes being written on these documents and walk behind closed doors, i just really don't understand how a document could warrant this kind of words. >> some of the stuff wasn't even documents, it was like golf balls, and oval office raincoats. >> this is a witch hunt. this is a stalinist hunt. stalinist hunt stalinist hunt it's dr. scholl's time. our insoles are designed with unique massaging gel waves, for all-day comfort and energy. find your relief in store or online. it didn't take long after donald trump's reaction to the fbi search of his home for his

you've had a federal judge in california say that it is more likely than not that he and john eastman committed two crimes. so, you know, i think that we're going to continue to follow the facts. i think the department of justice will do that. but they have to make decisions about prosecution understanding what it means if the facts and the evidence are there and they decide not to prosecute, how do we then call ourselves a nation of laws. i think that is a very serious, serious balancing. >> you can hear more of the interview throughout the morning right here on cnn. >>> now, after a year of intense negotiations, the democrat's lone senate holdout kyrsten sinema has now agreed to move ahead with the biden economic agenda. democratic senators sinema and manchin highlighted in the senate chamber on thursday have balance being at many provisions within the initial proposal. manchin finally signed on last week and sin 23cisinema reveale thursday she was ready to move forward. getting them on board was crucial. manu raju spoke to us by phone after the deal was struck. >> reporter: she wil

. >> it shows that this is more than, you know, what did john eastman do, the attorney that basically came up with that crazy scheme to overturn the election. and it probably it a deep interest in on what the president did. >> reporter: cipollone was in the west wing on january 6. >> i think that i was pretty clear there needed to be an immediate and forceful response statement, public statement, that people need to leave the capitol. >> reporter: cipollone sat for several hours of a closed door deposition with the january 6 select committee, careful not to deto divulge any private conversations with president trump. >> donald trump might try to claim executive privilege in front of a grand jury. but there is a difference between claiming executive privilege and actually winning on executive privilege. this is actually exactly what happened in the richard nixon tapes case back in 1974. >> reporter: nixon's tapes were ultimately ordered released by the supreme court. the chairman of the senate judiciary committee dick durbin is now calling on the pentagon inspector general to investiga

you talk about congressman scott perry, jeffrey clarke, search warrant on him in june and then john eastman same day, jeffrey clarke was brought to the white house before christmas and was introduced to president trump by congressman perry. that's how you -- and then you have additional subpoenas for pat cipollone, so they could go in under the pretense of looking for information for the national archives but whatever they -- >> it's a gross abuse of power. >> dagen: it is but it's like in plain sight, it's like if you have a robbery suspect and you think he's a small-time drug dealer, you send them in to look for drugs. if they're in, say, a chainsaw used for robbery, you can collect that. >> going into melania's closet to get her clothes? >> attorney general merrick garland claims nobody is above the law. really? what about them? more on this next. i brought in ensure max protein with 30 grams of protein. those who tried me felt more energy in just two weeks. uhh... here, i'll take that! yay!!! ensure max protein, with 30 grams of protein, 1 gram of sugar enter powered by protein challeng