former president will stand striel next month. in kyiv, secretary of state antony blinken has made a surprise visit, he is there right now, set to meet with ukrainian president volodymr zelenskyy. senate republicans getting ready to meet with mitch mcconnell as concerns grow over the gop leader's health after he froze in front of reporters again. this hour of "cnn this morning" starts now. here's where we begin. in a few hours, the first televised hearing in the georgia alex m alex m election /* election interference begins. the judge says he is going to address critical scheduling matters for the trial. it could begin october 23. there are 19 defendants. they have all all entered not plea pleas. the hearing will look at breaking up the case and trying some of the defendants separately. >> yeah, that's a loaded calendar you are looking at there. meanwhile, in the federal election interference case special counsel jack smith is accusing former president trump of making daily extra judicial statements that threaten to threaten the jury pool. elie honig and michel moore join us. on the federal side of things, what we have seen from prosecutors, it echos a little bit of what they were doing the start of the case. what does it mean? and will it have any seteeth or substance? >> going to the judge to put a clamp on donald trump, a lot of this is under seal. we don't know exactly what they are asking for. they are trying to find a workable middle ground because donald trump is taking to social media and making aggressive, perhaps over-the-line pronouncements. polluters can't let this happen without asking the judge to do something. i think prosecutors understand they can't ask to lock you have donald trump given the reality he is running for president. special treatment, which it would be, i think they have to be aware of that reality. so my best estimate here is they are asking the judge to take a middle ground. one thing judges can do, they can impose financial penalties if you are -- if defendant is violating an order of a court. a judge can say you are in contempt and i am going to fine you a certain amount each day. they need to do something here. >> michael, to the georgia proceedings and what we are going to see on television today, it's 1:00 p.m. eastern time will air it, people will get to see it, that's important for transparency purposes. this is state case, cameras in the courtroom, et cetera. can you explain to folks what is going to happen as they watch this today? >> yeah, sure. grad to be with you. today is nothing unusual that doesn't happen in courtrooms every day in georgia. it's different only because of the players sort of in the play and the media interest in the case. the judge will talk to the lawyers. he will have lot of lawyers there because of the number of the defendants and say, look, i want to find out how we are going to try this case. madam district attorney what's your plan or do you have departments you are willing to separate off or are you still insistent that you push forward with this sort of a joke october date? he will also hear from the defense lawyers about the need to be prepared, the fact that there is no possible way they can get prepared. they will be building a record, the defense attorneys building a record to make sure that any appellate court will know if they are pushed to trial in october there is no way they could provide effective assistance to their clients. we have had a little bit of the drama removed because the defendants will be there, sort of minimizes some of the circus a little bit, since they have waived their i rain. . this will be a status conference with the judge. the difference is the mag you'd of the case and significance of the parties involved. >> it's important context, too, that this is a normal 30 procedural part of the process. important nonetheless. i want to ask about the classified documents case. one of the former president's attorneys took voice memos about conversations with trump. abc news has transcripts of the voice memos. cnn has not reviewed them. based on what we have seen up to this point and what we knew prior, what stands out to you? >> the importance of the transcripts is it sets the stage for the obstruction of justice. we are talking about mar-a-lago, the classified documents case in florida. donald trump is accused of hiding the documents not just from the grand jury and fbi but his lawyer. he duped his own lawyer, evan corcoran. there comes a moment where corcoran says you got a subpoena we need to comply. this is serious. we need to turn everything over. reporting is that trump flipped out and became defiant. if you are trying to explain to a trial jury how do we get to a point when trump was obstructing justice, hiding documents, this is the setup for that. >> the trump spokesman told abc these reflect legal opinions and thoughts of the lawyer, not the client. >> anyone wondering about attorney-client privilege and when that can be pierced. could you explain that? >> well, attorney-client privilege is sacrosanct. and i think people are -- if you think about a priest and a confessional and how you keep things quiet, the priest is not allowed to talk about it. the difference would be if, in the attorney/client scenario, if there is some type of effort to commit a crime, and to involve a lawyer in a crime. so if you think about it from simple terms, you can't ask your lawyer where can i bury the body and get advice and claim that's attorney/client peripheral. so i think it raises some questions. we have seen courts kind of go across the line and back and forth as they've navigated the attorney-client privilege aspects in some of these cases. i think this was -- is one that will likely wind its way into some appellate brief at one point but one they have to deal with now as they try to move forward. >> michael, elie, thank you. today senate minority leader mitch mcconnell will talk behind closed doors with the senate republican congress about his health after he froze in front of reporters twice in two months. what the capitol hill doctor said and didn't say about the recent health scares. that's next. others, it supports 7 brain health indicators, including mental alertness from one serving. to help keep me sharp. try new neuriva ultra. think bigger. ♪ ♪ wake up, gotta go! c'mon, c'mon. -gracie, c'mon. let's go! guys, c'mon! mom, c'mon! mia! 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(soft music) when moderate to severe ulcerative colitis takes you off course. put it in check with rinvoq, a once-daily pill. when i wanted to see results fast, rinvoq delivered rapid symptom relief and helped leave bathroom urgency behind. check. when uc tried to slow me down... i got lasting, steroid-free remission with rinvoq. check. and when uc caused damage rinvoq came through by visibly repairing my colon lining. check. rapid symptom relief... lasting steroid-free remission... ...and the chance to visibly repair the colon lining. check, check, and check. rinvoq can lower your ability to fight infections, including tb. serious infections and blood clots, some fatal; cancers, including lymphoma and skin cancer; death, heart attack, stroke, and tears in the stomach or intestines occurred. people 50 and older with at least 1 heart disease risk factor have higher risks. don't take if allergic to rinvoq as serious reactions can occur. tell your doctor if you are or may become pregnant. put uc in check and keep it there with rinvoq. ask your gastroenterologist about rinvoq and learn how abbvie can help you save. in a matter of hours senate minority leader mitch mcconnell is expected to address his recent health scares in closed-door meeting with senate republicans. this is after the capitol's attending physician released a letter, there is no evidence that you have a seizure disorder or experienced a stroke, tia or disorder such as parkinson's disease. when he froze last week, it was the second time this summer. that's what that note is in reference to. the kentucky senator later made a reference to his freezing episode on the senate floor yesterday. take a listen. >> now, one particular moment of my time back home received a fair share of attention in the press over the past week. but i assure you, august was a busy and productive month for me and my staff back in the commonwealth. >> joining us to discuss cnn chief medical correspondent sanjay gupta. in terms of the letter, the tests they mentioned. tell us about the tests they would have run and if this would be enough to rule out those conditions as the physician did. >> so the first question in terms of what the tests are, it was pretty exhaustive, phil. they did a brain mri scan which would be to look for evidence of a stroke or a tumor or something like that. sounds like that was a normal result. he had an eeg, not an ekg, beg, to get a snapshot in time, if you will, of what the brain's electrical activity is. and then also a consultation it sounds like with four different neurologists, according to manu from his reporting. i don't know t-- if senator mcconnell met with or talked to those neurologists. after all that, that's where they concluded no seizure, no stroke, and no evidence of something like parkinson's disease. a movement disorder. one thing i will tell you real quick, if you look the video, again, one of the things, obviously, when you look at all these tests is that there was a level of concern. when you order tests like this, it's a significant level of concern. when you see this aide come up to the right side of his body, he is frozen. also his eyes are sort of deviated but he is not looking to his right over there. it's only when the aide comes to the left side where we actually see him turn his head to the left. why is that relevant? because it gives us an indication that there is something what we call focal going on. something that's involving a specific area of his brain. which is apparently what the doctors thought as well, which is why they did all these tests. what doesn't sort of describe this is lightheadedness. that's not focal. that's general. somebody says may head hurts, i feel lightheaded, i got to sit down. that doesn't match here. what they sort of concluded, look, he had this fallback in the spring, got a concussion, which is a sort of -- which is a brain injury, and that brain injury has led to lightheadedness and led to these episodes. those dots quite connect and i think there are still a lot of questions. >> this letter rules some things out, sanjay, right, but leaves us still with a number of important questions given his important role in our government? >> yeah. i mean, look, first of all, he is totally entitled to his privacy. if the letter was sort of designed to answer these questions, it didn't really do it. i will say there is exhaustive testing here, which is really important. but take that eeg, for example. again, it's sort of a snapshot in time. so what people do, say, look, i have a high level of concern for seizure. they will monitor the eeg for a period of time, not just one eeg. they may do challenge tests, see if you can elicit a seizure and find that on eeg. important to do mainly to make sure this doesn't keep happening to him. whatever it is, thankfully, seems to very quickly come and go. and i think that's an important clue as well. >> on a different topic, also happening yesterday, we saw president biden presenting a medal of honor. wasn't wearing a mask. we know he was exposed to someone a covid-19. cdc guidance has constantly changed. the question i had, what is the actual guidance? what should people are doing? should biden have within wearing a mask there? >> yeah, look, i think what was particularly confusing about president biden was that he was wearing a mask and then he took the mask off. and i think that that's very confusing. let me tell you what the cdc guidance is now if you have been exposed to covid, which says it day zero through ten wear a mask, watch for symptoms. if you develop symptoms, you should test immediately. that's what the guidance is. now, one caveat is if you are testing regularly and you are getting a test known as an antigen test, that could can give you a indication whether or not you have enough virus in your nose and mouth to spread it. he probably those tests done. if those are negative, that could be a reason not to wear a mask. what was confuse being president biden, he was wearing a mask and then when he got around the individual in close proximity he took it off. that didn't make a lot of sense. either you wear or don't wear it. if you have been tested and the tests are negative, especially if you had two tests over 48 hours, then you really don't need a mask because you are not likely to transmit at that point. >> okay. super helpful on all those fronts. dr. sanjay gupta, thank you. there is a new warning which the national hurricane center. tropical storm lee expected to intensify into a dangerous hurricane in the atlantic ocean by this weekend. derek van dam standing by. it is one after the next after the next. >> that's right. we are this close to calling this and referencing this as hurricane lee. it is gathering strength, organizing as we sit here and analyze the satellite imagery. 65 miles an hour. winds, of course you need 74-mile-per-hour muss to be considered a hurricane. and clearly and explicitly the hurricane center showing a strength anyone tropical storm into a hurricane and into a major hurricane by this weekend. leeward islands, yes, you are not included in this cone. but remember the average error from the center of the storm is roughly 150 to 200 miles at day four and five. if that deviates further south and west, puerto rico into the leeward islands will feel the impacts of this. at the minimum, high surf, rip currents and large waves, potentially coastal erosion. this is moving into an area of above average record temperature water. that is fuel for strengthening storms. that's exactly what we anticipate with this particular incoming hurricane, which will be a major hurricane by this weekend. where does it go? the long-term, we're talking day five and beyond, it's all about what's happening in the upper levels of the atmosphere. a ridge of high pressure to the north steering this to the west and whether or not that breaks down, does it interact with a trough over the eastern u.s.? that would be a big deciding factor on any potential impacts on the eastern seaboard of the u.s. for the second half of next week. something here this team of meteorologists at cnn will be monitoring very closely. >> we know you will. thank you. this morning a new report shows that blistering deadly summer was the hottest on record. from june to august, the average temperature was 62 degrees farenheit. that's the warmest since records began in 1940. it comes after summer riddled with extreme weather events, including historic wildfires in hawaii, strong winds and a drought-stricken landscapes that sends flames tearing through homes in lahaina in august. hurricane idalia leaving behind buildings and massive wreckage. in greece, fires across the country since last month score km change 230,000 acres. parts of europe are dealing with historic floods. >> this is video from bulgaria, greece, and turkey. bill weir joins us now. bill, you were covering hurricane idalia on the ground and the murdaugh fires in lahaina. you have seen this up hand. >> we grew up in predictable patterns. not anymore. we are setting records at a broken record pace. you can fieel it from europe to africa to japan to most of the united states this summer, feel like living in a giant pizza oven. that reminds you of the famous hockey stick graph. we look at carbon dioxide temperatures through the ages and how temperatures mirror how much planet pollution we are putting in the sky. this usually gets broken by hundredths of degrees. it got shattered by 0.3 degree this summer. everything became so obvious. >> i could be wrong. you're the expert. isn't what we are feeling now in this pizza oven we are living in a reflection of what has already happened, we have already done to the environment? >> yes. >> so then it's just going to keep getting worse? >> yeah, the bad headline, this is one of the coolest summers of the rest of our lives, that this is not reversing itself. the polar caps are not -- >> no matter what we do? >> no. there is new science that says if we stabilize the amount of carbon dioxide in atmosphere, the warming will stop relatively quickly. michael mann, the scientist who put out the hockey stick graph says if you can stabilize it, it won't be this delayed stunted effect. but it has to happen fast. and if you look around, you know, exxonmobil, the most profitable counties in humanity, getting the biggest subsidies in history now and they have license to keep burning because fossil fuels are everywhere. these companies show no interest in changing business mods regardless of what we are experience. >> exxon, this is about globally what choices we and other -- and leaders are making. if we make a lot of changes in the u.s., doesn't make as big an impact unless china, india do the same? srjts it's all hands on deck. it's every country trying to achieve this at the same time. historically, the united states is the biggest offender and has the moral responsibility as the richest country in human history to lead on this. you are starting to see that. you are starting to see huge innovations uncorked by the inflation reduction act and governments in australia and brazil are trying to get back in touch with the earth and take care of it, but everybody's going to feel this regardless where you live. if you live on the coast or not, because insurance now is affected. five major insurance companies this week told the regulators that they are going to stop covering fire in california, for example. >> really? >> or hurricanes in florida. they will cover your house against theft or whatever, but the major disasters that threaten these communities won't be insurable in this new world. >> entire business model is unsustainable. >> it is. what happens to mortgage, property values and tax bases which pay the cops and teachers when you want to live in paradise and say it's worth the risk, what if you have to assume all that risk on your nest egg, your home. these are really dangerous a times. we should be talking about it with an urgency. >> you have been been doing it for many years. >> from maui to whatever happens with this tropical storm lee, knowledge is power, hopefully. >> thank you. so the special counsel jack smith accusing the former president of making daily statements that could prejudice future jurors in the january 6th case. there is a new poll that shows a conviction in that case or others likely would not impact his support from republicans. harry enten with this morning's number is next. you were always so dedicated... ♪ we worked hard to build up the e shop, save for college and our retirement. but we got t there, thanks to our r advisor and vanguard. now i see who all that hard work was for... it was always for you. seeing you carry on our legacy— i'm so proud. at vanguard, you're more than just an investor, you're an owner. setting up the future for the ones you love. that's the value of ownership. how can you sleep on such a firm setting? 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[ cheers ] yeah! woho! running up and down that field looks tough. it's a pitch. get way more into what you're into when you stream on the xfinity 10g network. c'mon, we're right there. c'mon baby. it's the only we need. go, go, go, go! ah! touchdown baby! -touchdown! are your neighbors watching the same game? yeah, my 5g home internet delays the game a bit. but you get used to it. try these. they're noise cancelling earmuffs. i stole them from an airport. it's always something with you, man. great! solid! -greek salad? exactly! don't delay the game with verizon or t-mobile 5g home internet. catch it on the xfinity 10g network. special counsel jack smith is alleging that former president donald trump, quote, extrajudicial statements are threatening to taint the jury pool in the fed 2020 subversion case. we don't know the legal implications of that at the moment. based on new cnn polling, there are signs that it put a department in trump's political support, at least among republicans. that same poll showing that trump still hayes a massive lead in republican primary and there are no signs of that lead shrinking anytime soon. harry enten is here with a closer look at those poll numbers from the cnn poll. i want to first differentiate, this is not the morning number. this a polling deep dive. people need to separate those two things. >> this is a serious polling deep dive with me and, of course, phillip over there. the top choices for republican nominee. look who is at the top. a familiar face. donald trump. 52%. ron desantis 18%. nobody else close. not in the double digits. i it's not just the top line with well over a 30-point advantage. you know the cross tabs, the g demographic groups, age, race, et cetera, 15 groups, how many groups does trump lead? 15. he leads across the board. doesn't matter how old you are, how young you are, whether you have a college education, whether you don't, whether your income is below $50,000 or above it, trump leads with all the groups. >> one the main questions i had was -- actually i will ask this. it asked how likely people are to support their first choice candidates. what did we learn there? >> yeah. so perhaps you are looking for some weakness in donald trump's support, right? well, definitely support your first choice candidate in the primary. donald trump 83% -- >> locked in? >> locked in. desantis' supporters 54%. all others 37%. this 83%, these trump vots he, there are a lot of them, they are locked in, and more than that they are becoming more locked in. definitely support trump. march of 2023, 75%. june of 2023, 79%. now we go to august. what do we have? 83% of trump voters are definitely supporting him in the primary. i try to find anything to move the story forward, maybe something might shift. at this point i can't find it. >> a critical point. something i want to ask you about. maybe we can do it tomorrow for the actual morning number in terms of historical context, precedent. thank you. >> thank you. you just got your homework assignment, harry. >> like i have that authority. >> clearly. >> let's bring in errol louis and michelle price. what do you make of what the numbers tell us? >> we have seen this sort of building and this is bringing us to a sort of high wave of that phenomenon, which is that the republican party is going to back donald trump in the primary. there would have to be a sort of historic collapse for him not to be the nominee. the contest is coming up in a short, you know, 131 days. it's 9 # 0 days plus another mo and we will see this play out probably despite his legal problems because when you go down to the cross tabs and you look for the follow-up, well, gee, now he is indicted, what if he has to go to trial, convicted, so forth, the numbers don't thang. they want him to be the candidate. >> you know who reads through all the cross tabs? >> harry? >> yes. that's the most interesting part of the polls. it underscores -- and i think that's why harry is great always and airline's point. but i don't know -- i was trying to think -- certainly not even in 2016, certainly not in 2020, this very clear cut of a -- this person is going to be the republican nominee unless something that no one could ever imagine, perhaps like an asteroid, is coming at the this point. why am i wrong on that? >> i mean, i am not sure you are. i am not sure on asteroid -- we have got historic indictments of this leading candidate and we have stasis in the polls. nothing is changing. what is interesting is you kind of have to ask why are these other people still running or trying to run as donald trump when he has solidified everything and they are not -- they are not -- for the most part, not offering anything different than what he is. >> do you agree? >> they are waiting for an asteroid, whether it's a legal asteroid or some other scenario that will shake up the race perhaps and sideline donald trump or even get him to sort of -- to drop out. most people, if they were facing the kind of serious charges that he is facing in four different jurisdictions would say let me make sure that i get through this legally and come out the other side with my freedom intact. donald trump is not like most people. so to the extent that he has this complicated way of strike to sort of merge his legal defense with his political strategy, he is not going to drop out, and then that leaves a bunch of candidates who, like tim scott, maybe want to raise their statue or ramaswamy may want to angle towards a cabinet position or a speaking gig or a podcast or something like that. >> or a number two? >> or a spot on the ticket, that's right. then people like mike pence, who, you know, where else is he going to go? he had the number two job. he is going to try for the number one job even against the odds. lightning can strike. but donald trump is the incumbent as far as republicans are concerned, and incumbent presidents don't get a lot of challenges. i think that's what we are seeing here. >> that's an interesting way of framing it. you look at what president biden is facing. questions about his age. michelle, i think the just kind of nature of trump's candidacy and the republican primary koegts to washington in terms of capitol hill right now, right? he controls a large segment of the house republican conference. they have some major nations that they are headeding to, funding the government by the end of then month, launch an impeachment inquiry into the current president. listen to what matt gaetz said about speaker mccarthy. >> when we get back to washington in coming weeks, we have to seize the initiative. force votes on impeachment. if kevin mccarthy stands in our way, he may not have the job long. >> this has been the thing hanging over speaker mccarthy since he got through 15 votes and became speaker. the ability with one single member to kind of call him out and try to take him down as speaker. do you think the threat is real right now? >> i think so. 15 votes -- it wasn't long ago. he has a ten u ois grasp on his leadership. the faction that is loyal to donald trump in the house is very loyal to him and mccarthy left him -- trump left mccarthy out to dry a few times abil. >> and mccarthy has been unflinchingly loyal. >> they don't like to hear that kind of talk from the matt gaetz's of the world. they don't want to attack the leadership and so forth. they need a little bit of calm to assure their own re-election. so mccarthy's gonna have to sort of balance those factions in his party. >> he doesn't have 218 for impeachment. sorry. i'll stop. >> cross tabs. >> do you realize the argument extends to that, which i think is important. thanks, guys. appreciate it. a new ad campaign urging americans veterans struggling with mental health to ask for help. the veterans affair secretary joins us next on the white house's new program is next. stay with us. ♪ that first time you take a step back and see everything you've accomplished. i made that. with your very own online store. i sold that. and you can manage it all in one place. i built this. and it was easy with godaddy. i am doing this. with a partner that puts you first. start for free at godaddy.com/sell ♪ sometimes jonah wrestles with falling asleep... ...so he takes zzzquil. the world's #1 sleep aid brand for a better night sleep. so now, he wakes up feeling like himself. the reigning family room middle-weight champion. better days start with zzzquil nights. i was told my small business wouldn't qualify for an erc tax refund. you should get a second opinion from innovation refunds at no upfront cost. sometimes you need a second opinion. 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>> of course. >> yes. >> have you ever asked for help yourself? >> always tough, right? >> i always feel like i could solve my own problems. eventually, you can't deal with it on your own and you start to question. people would be better off without me. you realize that you are not alone. once you take that first step, there is so much support. >> joining us now is the secretary of veterans affairs. denis mcdonough. secretary, thank you very much for being with us, especially on this issue, because when you look at the numbers from the v.a., more than 17 veterans die from suicide every single day. can you talk about the new efforts to try to change that? >> yeah, poppy, thanks so much for having me. i am really grateful for the opportunity to talk about this. look, our vets are warriors. and they are trained to look out for their mates, to look out for their unit. and too often they put themselves in the background rather than in the foreground. so what we're saying is, hey, don't wait. reach out. we have our website va.gov/reach as a tool to help veterans and their families take that important first step to reach out for help before it's time of crisis. and that's our simple message. don't wait. reach out. >> mr. secretary, i think the alignment between the pentagon and v.a. and issue specifically, obviously, is very important. we have seen secretary austin make mental health and seeking assistance on mental health a critical component. have you seen kind of the second order effects on the v.a. side? do you feel like having the ability to connect on these issues with active service members is helping on the back end with v.a.? >> very much so. obviously, this is a major priority for secretary austin. i have appreciated his partnership in this. he and i are routinely meeting not just with veterans and military families. also with active duty units to talk about this. he has a very simple message which is your health is mental health. mental health is your health. and so let's stop somehow disaggregating these two questions and address our whole health. that's really the bottom line message here. also, let's not wait for a crisis. please, don't wait. reach out. >> and that is the message of this campaign. it's been two years since withdrawal from afghanistan and i'm wondering if you could speak to what you have seen as the toll on those veterans who have come home, especially when it comes to mental health. >> look, we have seen real manifestations of moral injury because so many of our troopers dedicated so much of their lives to that remarkable effort in afghanistan. and so we have seen a big impact. i'll tell you what i have also seen is across the country, veterans still fighting to get their interpreters, their drivers, afghan to work with them, make sure they get them here to the u.s. we see that in every community across the country. i am really proud of the work that our vets are doing to watch out for, as i said, their interpreters, their drivers, their mates. it's really america at its finest. >> mr. secretary, what degree of concern do you have about the finding fight? i feel like at some point this is a yearly thing, sometimes an every two or three months thing. does this have a tangible effect in terms of agency operations especially on this issue in particular? >> we feel very good about the progress we have made over the course of the last several years. under president biden, hwe have had historic levels of funding. that has been supported by republicans and democrats. i am hoping the same happens this year. in fact, phil, i think you are aware of this, we have advanced appropriations, especially on health care. so we are in good shape as it relates to what our veterans will need, especially with access to emergency mental health care, which is why i feel very comfortable being out here today saying, look, don't wait for a crisis. make sure you reach out. visit us at va.gov/reach and make sure that we are giving you and your family the tools you need to prepare for those crises. >> secretary of veterans affairs denis mcdonough, thank you very much for being with us on this issue. we appreciate it. >> pop but, phil, thank you so much. >> and a reminder, if you or anyone you know and love needs help, if they are having suicidal thoughts, call the national suicide and crisis hotline. you can just need to dial 988. ahead, a deputy u.s. marshal is calling the manhunt for the convicted murderer in -- right outside of philadelphia a dangerous game of tactical hide-and-seek. we've got new details about what law enforcement is doing. and a judge handing former proud boys leader enrique tarrio the longest sentence and his lawyer pointing the finger at former president t trump. stay with h us. so, no more nudging your partner. or sleeping on the other side... of the house. bebecause the tempur-ergo smart base actually detects snoring..... ...then automatically adjusts to help reduce it. all night, every night. don't miss our biggest sale of the year, with savings up to $700 on select adjustable mattress sets, and experience the deep, undisturbed rest of tempur-pedic. learn more at tempurpedic.com (janet) so much space!... that open kitchen! 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>> look at the history of these things. you had michael burn ham who was a survivalist, it took them ten days to find him, that was a very well-resourced search, it was the neighbor's dog who came across him on a trail and the neighbors passed by and pretended not to know who he was and called police. eric frein that ended in an incredible and tragic shootout with state police. seven days is not out of the realm. eric rudolph the olympic park bomber, ran into a national forest and was caught five years later after the most extensive government manhunt in a wooded area that anybody could remember in history. so i'm not panicking at ten days. he is in a relatively small box, underresourced and at some point he's going to run out of gas and they're going to find him. >> you're not surprised by the fact that that small box seemed to expand yesterday, i think our danny freeman is on the ground, said there are signs it might be expanding again today. this isn't like a net that closes around them? that's what i had in my head. >> i don't think the box is expanding as much as it's moving. you know, the failure part of this is they don't have him. the success part of it is he's feeling the pressure of being surrounded and trying to pen straight those perimeters and they're moving with him because the sightings are working. you have a very engaged public there so what you're missing in the urban environment that you would have, you know, informants on the street, electronic surveillance, cellphone tracking you're probably missing that here, but you've got everybody in any perimeter looking for him and calling at the slightest sight of something suspicious. >> officials have not yet said how he escaped from prison. that's striking to me, but wouldn't that also help people know what he would have gotten away like with, if he was carrying anything, what he was wearing at the time? >> well, i mean, what we know is he's been evolving, which is through house break-ins, he's come up with additional clothing. the idea that he was captured on film shirtless the other night denied them a new description or a color of a garment to give out. he's got that backpack so we don't know what kind of changes of clothes he has. there's probably a reason why they haven't told us how he escaped. >> why? >> this is not a question that i haven't asked people who should know the answer to. >> my kids were asking me that. they shouldn't know about this story anyway, i suppose, too young for t but they were even saying how did he get out and i was like we don't know. >> well, on the practical side he's 5 feet tall and he weighs 120 pounds and can probably fit into places that i can't. he can definitely fit into places that i can't. >> it's not a funny -- >> on the other hand, the fact that the warden was put on leave, the fact that the deputy warden is running it, the fact that they have taken a position, logical one, which is job one is to get him back, we will worry about how he got out later and who is to blame and what happened and so on, but predictable is preventable and something went wrong there because he wasn't supposed to get out. >> before we run out of time, enrique tarrio the sentence he was given yesterday, the longest sentence for seditious conspiracy, what is your take on where the judge landed there? >> the judge landed right in the middle, government asked for 33 years, his lawyers asked for less and he split the difference. it's a significant sentence and a big message that will be read two ways, by people who are thinking about starting a group and taking on the government and by others thinking the difference that trump supporters are given. >> thank you for joining us today. 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