want a deposition, too. that all could possibly be coming down the road, but where things stand right now with scavino and the other trump aides, it's important to break this down one by one, because it's not just scavino. there's also steve bannon, mark meadows, and also kash patel, who was a top official at the defense department. bannon has said he's going to put his foot down and take trump's direction and try to fight this in court, try to claim executive privilege. the legal scholars say that's probably never going to work, but we'll see if it goes to court. and then meadows and patel, the committee, the january 6th select committee in the house put out a statement saying that those two guys are engaging with lawmakers, they are trying to figure out a way forward. so at this moment that first batch of subpoenas, we're starting to get some responses. it's really not clear if any of them are really going to comply and give over any documents or any testimony, but this is where things stand right now, fred. >> and then let's talk about this request or demand, former president is trying to claim executive privilege. not just over witness testimony, but documents as well? >> a lot of documents that president trump, former president trump wants to keep secret, keep out of the hands of this committee, which, of course, is tasked with figuring out exactly what he was doing that day on january 6th and on the run-up to that day and that insurrection. so former president trump did make it clear this week that he wants current president biden to use executive privilege to shield those documents, but the biden white house said not so fast. they said in clear terms that they are not going to bail out trump on this particular batch of documents, and the reason being, that they think there is no protection for an effort to subvert the constitution. let me read to you exactly what they said. this is a statement from the current white house counsel in the biden white house. this says, quote, the constitutional protections of executive privilege should not be used to shield from congress or the public, that's us, information that reflects a clear and apparent effort to subvert the constitution itself. so in plain language what that means is that the biden white house is okay with handing over these sensitive documents so that the lawmakers and us in the public can figure out exactly what trump was doing that day. if he still wants to fight, he'll have to go to court. >> marshall cohen, thank you so much. let's talk more about this. joining me right now to talk is a former federal prosecutor and a defense attorney. shan, so good to see you. >> good to see you, fred. >> trying this hard to shield documents and testimony simply screams guilt, or at least trying to hide something. >> it does, and unfortunately for the former president, executive privilege is not his to invoke anymore. privilege, as we all know, is something meant to protect confidentiality, doctor/patient, attorney/client, but there's a big difference about executive privilege. it's not personal. it belongs to the office of the president. >> don't his attorneys know this? >> i think they know that but they also have a duty for zell is advocacy, so we're going to try to assert that anyway. they first tried to convince the current president of the united states to invoke it and the white house has declined to do that. >> right. and so now even through attorneys representing these four who have been subpoenaed, particularly the lawyer for steve bannon, says the former president instructed him to defy testimony, so if that's the case, i guess he's alleging that's going to be his protection, but if that is the case, wouldn't that be obstruction? >> it certainly could be obstruction. trump would have legal counterarguments to make that he is claiming it's his interpretation of executive privilege so he would say he has a good faith basis rather than an intention to obstruct congress in this case. but i think the justice department is less likely to go after that kind of instruction as obstruction. i think the litmus test for them is going to be if these defiant rebels like bannon won't comply, what would attorney general merrick garland do? >> do you see that's the direction it's likely to go? >> it sounds like that's what the select committee wants to do. i would actually suggest if they're serious about using all their tools this they go routes simultaneously. they can file the civil suit which typically takes longer and they can ask doj to prosecute it for criminal contempt. for this doj, unlike the other one, i don't think there's going to be a conflict where they don't want to prosecute it. but garland's doj, with all due respect to my former colleagues, has been a little timid about going after former trump officials. so this will be a big test. >> and why do you think that is? because the department of justice doesn't want to come across as -- they're afraid of any appearances of doing work for the white house, because obviously the former president went to the white house, asked for executive privilege, and that white house said no, so now if the justice department gets involved is it tantamount to thinking, here we go with the white house going after the former president, because it's the existing white house's doj? >> that's exactly right, fred. i think this justice department is very much aware of the fact that the trump justice department really debased and hurt the integrity of the institution and these are folks who are very concerned with restoring that integrity, and so they're hyper conscious about being seen as overly partisan. however, sometimes that over-hyper consciousness can lead to being a little too timid. i think this is a time for bold leadership at the department. but that's certainly what they're worried about. >> shan, always good to see you on what i now understand through your research, this is your 601st appearance. happy anniversary. >> happy anniversary. >> thank you so much. new documents from house lawmakers are casting renewed scrutiny on trump's washington, d.c. hotel. investigators are zeroing in on the hotel's massive financial losses and the money it took from foreign governments as well. brian todd has more. >> reporter: new information that donald trump's celebrated washington hotel was not the successful venture the former president claimed it was. according to the house oversight committee, trump's company reported in financial disclosures that the trump international hotel earned more than $150 million in income between its 2016 opening and last year. but the committee has just released documents saying that the hotel suffered a net loss of more than $70 million during that period. >> how did they lose so much money? >> the math never made sense. i think they couldn't fill the rooms. there was no shortage of pro-trump fans going to the bar and groups going to banquets. >> earlier this year, a cnn employee who shot this video and took still pictures, observed very few guests staying at the hotel, hallways elegant but empty, elevators running up and down only a handful of times, indicating a lack of traffic to the rooms. the house oversight committee documents say during the four-year period in question, the trump organization had to funnel more than $24 million from other parts of the company to help the hotel. the committee says its analysis of the financial documents shows the trump hotel received about $3.7 million from foreign governments, which the committee says raises concerns about whether trump violated part of the constitution that bans federal office holders from receiving gifts, payments, anything of value from foreign officials. >> it calls into question whether trump's dealings with these foreign governments were motivated by the best interests of the united states or his own financial interests. >> reporter: the committee says the documents also show that trump received, quote, undisclosed preferential treatment from deutsche bank on a $170 million construction loan for the hotel. just before donald trump was elected president, the trump international hotel opened, touted as a crown jewel in his real estate empire. >> with the notable exception of 1600 pennsylvania avenue, this is the most coveted piece of real estate in washington, d.c., the best location. >> reporter: it boasted luxurious suites, a hem lay yen salt chamier in the spa, political power brokers, likely trying to curry favor with trump, constantly shuffling through the lobby. >> it almost got overwhelming at times how many vips and members of our government that are making headlines are altogether in the same place. >> reporter: now sources tell cnn the trump organization has been looking to sell the lease on the hotel for more than a year. contacted by cnn, the trump organization issued a written statement saying the house oversight committee's report was intentionally misleading, irresponsible and unequivocally false. the statement says the committee showed a fundamental misunderstanding of basic accountle principles and says at no time did they receive preferential treatment in any leader and it says any profits were voluntarily donated back to the u.s. treasury at the end of each fiscal year. deutsche bank responded by telling cnn in a statement that the committee made several inaccurate statements about deutsche bank and its loan agreement. brian todd, cnn, washington. coming up, abortion is once again effectively banned in texas after an appeals court put a temporary hold on a previous ruling blocking the abortion law. the latest next. first, a quick programming note, the new cnn original series "diana" offers a glimpse at the person behind the princess and reveals a life more complicated and fascinating than the world new. here is a preview. >> i was always different. ry knew always inside me that i was going somewhere different. >> she was going to marry her dashing prince like all the stories she read. >> she was iconic, she was box office. >> are you going to dance with the princess tonight? 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(cheering) the time for getting back together is now. find it on vrbo. - [announcer] at southern new hampshire university, we're committed to making college more affordable. that's why we're keeping our tuition the same through the year 2022. - [narrator] i knew snhu was the place for me when i saw how affordable it was. - [narrator] find your degree at snhu.edu. over abortion rights in texas is taking another turn. late last night a federal appeals court reinstated the state's restrictive abortion law, essentially banning procedures once again. the decision pauses a lower court's ruling just made on wednesday that found the abortion restrictions in texas were likely unconstitutional. cnn national correspondent natasha chen is following these developments for us. what now? >> reporter: well, fred, the next immediate thing is that the u.s. department of justice has to respond to the 5th circuit court of appeals by tuesday, 5:00 p.m. central time. that court of appeals is based in new orleans. as you mentioned, this came down last night just two days before a lower court, the u.s. district court of appeals on wednesday -- i'm sorry, the u.s. district court had on wednesday blocked the texas law. that was judge robert pitman. he ordered that at the request of the department of justice, that's why the doj is being requested to respond to the 5th circuit by tuesday. you can imagine with all this back and forth that this is creating lots of confusion for women in texas and we're actually hearing from a louisiana abortion clinic that they're observing more women coming from texas showing up at their door now. >> under normal circumstances about 18% to 20% of the women we see are from texas, and at this point in time we're running closer to 60%. >> reporter: now, on thursday, just a day after that initial order blocking the abortion ban, an organization that runs several clinics in texas said that its staff had resumed providing abortions for women who were more than six weeks pregnant, and that was done with some legal risk because the texas law actually allows for enforcement actions for abortions conducted during any court-ordered block if that order is to be reversed later. it seems that they saw this legal wrangling coming, ultimately this could wind up before the supreme court, which had rejected an earlier request by abortion clinics for it to block the law. >> natasha chen, thank you so much. the same lies that fueled the january 6th attack have seeped into virginia's race for governor. republican glenn youngkin is calling for an audit of the voting machines used in the election. and as cnn's jeff zeleny reports, the democrat in the race, former governor terry mccullagh, may be trying to distance himself from joe biden. >> reporter: he's long been a joe biden kind of democrat. >> you're not going to find anyone, i mean anyone, who knows how to get more done for virginia than terry. that's a fact. >> reporter: and in virginia where mccull he's running again always been a plus. but the lackluster september jobs report friday -- >> the jobs numbers remind us that we have important work ahead of us. >> reporter: and biden's weakened approval rating are the latest examples of political challenges coming from washington, a point mcauliffe talked about earlier this week, a meeting he thought was private. >> we are facing a lot of head winds from washington. the patient is unpopular here in virginia, so we have got to plow through. >> republicans blasted out his comments which offer a window into his mindset in the final month of a face that's making them nervous about the party's standing and its appeal to voters. >> if hillary clinton had a son, it would be mcauliffe. >> he's more eager to talk about democrat presidents than republicans. he's walking a tightrope with trump, and testing the lie that the election was stolen is a litmus test. he now says biden was the legitimate winner. >> i still talk about election integrity. election integrity is not a republican issue, it's not a democrat issue. >> reporter: this november election offers the first measure of the climate heading into next year's midterm races that will determine whether democrats maintain control of congress. >> is virginia still a blue state or will your race test it this time? >> i always say that virginia is a blue state in a presidential high turnout year. every other year it's purple, it's purple. we've got to drive voters out. >> reporter: enthusiasm for the current president and the former one hang heavy over this race as a test for the nation to watch. as early voting is already under way at voting centers like this across virginia, the bottom line is president biden, a drag on his party, particularly for those independent voters in the middle, or are republicans still the party of trump, which in the past has turned off those very voters? that is the dynamic heading into the november 2nd election that both parties are watching. jeff zeleny, cnn, alexandria, virginia. coming up, afghan women are now facing life under taliban control, which includes a de facto ban on girls going to school after fifth grade. some remain defiant, protesting restrictions. a look at what life is like for women in afghanistan. it's a sunny day. nah, a stormy day. classical music plays. um uh, brass band, new orleans. ♪ ♪ she drives hands free... along the coast. make it palm springs. ♪ cadillac is going electric. if you want to be bold, you have to go off-script. experience the all-electric cadillac lyriq. 80% get genetically meaningful health info from their 23andme dna reports. 80%. that's 8 out of 10 people who can get something enlightening. something empowering. something that could change everything. info that could give you greater control of your own health, and it's right there in your dna. so, if 80% get genetically meaningful health info, the question is, will you be part of the 80%? 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>> i respect women's rights, i respect human rights, he says. if i didn't respect women, you won't be standing here. >> would you have given them permission if they had asked for one? >> yes, of course, he says, we would have. >> reporter: but permissions are elusive and previous protests have met a similar fate. the consequences of one recent demonstration can almost be seen, at almost every beauty salon images of women's faces to be defaced, as if to erase them from public life completely. the women inside this salon are too scared to appear on camera. >> hi, how are you? >> reporter: i asked them about the posters outside. >> who did it? >> taliban. >> the taliban did it? >> yeah. >> reporter: the taliban came and drove away the protesters, then they cursed us and said to remove the posters. they told us to putsit in our homes. this activist and mother of five says she was forced to become a taxi driver when her husband was murdered one year ago, leaving behind his car, but little else. >> tell me a little bit about how life has changed for you since the taliban took power. >> translator: a lot of changes. too many. i'm sorry. >> it's okay. take your time. it's okay. >> translator: since the taliban regime has come to power, it has become very difficult. >> reporter: she offers to take us for a ride. it's another small act of courageous resistance. while the taliban have not officially banned women from driving, she says she has received threats and that the militants hit her car two weeks ago as a warning. >> i see the men, they stare at you, they look at you? >> yes. >> reporter: it's not long before she picks up a fare. usually she prefers to take women and stay in areas she's familiar with. >> are you aware of the risks that you're taking when you go out every day and do your work? >> translator: yes, yes, and some places where i see taliban checkpoints i'm forced to change my route, but i accepted this risk for the sake of my children. >> reporter: on the other side of town, this english teacher is also working hard to give her students a better future. the past year has not been easy. in may, a horrific bombing targeted the school where she teaches, taking more than 80 innocent lives. >> so you were here when the explosions happened? >> yes, i was in front of the door. >> did you see it with your own eyes? >> yes, yes, i saw a very huge explosion in front of the other door. >> reporter: incredibly, the school reopened, but weeks later the taliban swept to power and announced that, for the time being, from 6th through 12th grade, only boys should come to school. >> it's just very striking that a bomb was not able to stop these girls coming from school, but now the taliban has been able to stop them from coming to school. >> yes, it's true. every day i see taliban in the streets, i be afraid. >> but you're still coming here every day, you're still teaching? >> yes, what should we do? it's just the thing that we can do for our children, for our daughters, for our girls. >> reporter: in the fifth grade classroom, the girls are excited to test their english skills. >> hi! >> hi. >> i want you to raise your hand if you love school. wow! everybody loves school. >> reporter: this may well be the last year they get to come and study, yet they are still full of hope for the future. >> raise your hand to tell me what you want to be when you grow up. what do you want to be? >> doctor. >> doctor, okay. who else wants to be a doctor? oh, wow, we have a lot of doctors. >> reporter: this 16-year-old used to have dreams, too. she wanted to be a dentist. the explosion at her school left her with serious injuries, but she was brave enough to go back for the sake, she says, of her close friend who would not. >> translator: i felt that i must go back and study for the peace of her soul. i must study and build my country so that i can make her wishes and dreams come true. >> so right now you cannot go to school. how does that make you feel? >> translator: i feel all my dreams are crushed and buried, for i won't be allowed to go to school and study. all my motivation is completely gone. >> it's okay. take a minute. it's okay. if you want to stop, we can stop. it's okay. >> translator: the taliban are the people who -- they are the cause of the situation i am in right now. my spirit is gone. my dreams are buried. >> reporter: and yet recently she has started to read her books again and study a little bit every day. just one more small act of great courage. clarissa ward, cnn, kabul. >> thanks so much for bringing that view. we'll be right back. ur compy and wait for back and forth e-mail, or a call to be rescheduled for the third time. orrr... you could use slack. and work faster with everyone you work with, together in one place. slack. where the future works. was that your great-grandmother, keeping the family together? was that your grandfather, paving the way for change. did they brave mother nature... and walk away stronger? 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one outfielder is testing the limits of fashion while belting home runs. we have more on atlanta's brave. >> reporter: he's a slugger for the atlanta braves who is brave enough to wear pearls? hard not to notice that he's access rising. pretty sure he just became the first braves player to homer while wearing a pearl necklace. the braves themselves are having fun with sweet mother of pearl tweets. fans are marveling. out there smoking cigars and wearing pearls. the outfielder joins icons who are partial to pearls, like jackie kennedy. when first asked about his new pension for pearls, peterson said it's a mystery for everyone. there's no story, they're just dope. he said he tried the chain thing and it was too hot and heavy. peterson wears his pearls while staring at pictures the way au audrey hepburn wore hers, staring at tiffany's windows. one fan noted pearls go with everything, even the street clothes he wore into the clubhouse. will it turn him into the dennis rodman of baseball? one fan joked, if you like that, wait for him to steal third in heels. but, hey, pearls were good enough for prince. ♪ diamonds and pearls ♪ >> reporter: peterson's latest pearl of wisdom, he's just a bad, rhymes with pitch. cnn, new york. >> if all he wanted was attention, he is getting it. coming up, nasa is going to launch a spacecraft into an asteroid on purpose. yes, really. wealth is shutting down the office for mike's retirement party. worth is giving the employee who spent half his life with you, the party of a lifetime. wealth is watching your business grow. worth is watching your employees grow with it. principal. for all it's worth. is struggling to manage your type 2 diabetes knocking you out of your zone? lowering your a1c with once-weekly ozempic® can help you get back in it. oh, oh, oh, ozempic®! my zone... lowering my a1c, cv risk, and losing some weight... now, back to the game! ozempic® is proven to lower a1c. most people who took ozempic® reached an a1c under 7 and maintained it. and you may lose weight. adults lost on average up to 12 pounds. in adults also with known heart disease, ozempic® lowers the risk of major cardiovascular events such as heart attack, stroke, or death. ozempic® helped me get back in my type 2 diabetes zone. ozempic® isn't for people with type 1 diabetes. don't share needles or pens, or reuse needles. don't take ozempic® if you or your family ever had medullary thyroid cancer, or have multiple endocrine neoplasia syndrome type 2, or if allergic to it. stop ozempic® and get medical help right away if you get a lump or swelling in your neck, severe stomach pain, or an allergic reaction. serious side effects may include pancreatitis. tell your provider about vision problems or changes. taking ozempic® with a sulfonylurea or insulin may increase low blood sugar risk. side effects like nausea, vomiting, and diarrhea may lead to dehydration, which may worsen kidney problems. looking to get back in your type 2 diabetes zone? 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>> when i was admitted into hospital the doctor said to me, we don't understand why you're here, you should be dead. and actually in hospital my heart failed twice. >> reporter: thomas says her journey with anorexia as a teen began with consuming content on instagram about clean eating and what she thought were perfect bodies. >> when i saw these influences, they had all the likes and followers, i wanted to get a taste of that. i wanted to be liked and loved. >> would you say you were addicted to instagram? >> yeah, i was very addicted. >> reporter: thousands of miles from thomas' home in australia -- >> i was most definitely addicted to instagram. >> reporter: anastasia was also spiraling out of control in the united states. clean eating captured her attention, too. >> i was just bombarded with all of these messages of you have to exercise every single day or you have to do these types of exercises, or you have to go on this type of diet. >> reporter: the more she saw, the more anxiety and depression she felt. but she couldn't stop. she says that led to her cycles of binge eating. >> facebook likes to present things as false >> i believe facebook's products harm children, stoke division, and weaken our democracy. >> haugen also submitted complaints to the securities and exchange commission citing facebook's own internal research which found facebook's platform, including instagram, make body image issues worse for 1 in three girls. 17% said the platform makes thoughts of suicide and self injury worse. and 17% of teen girls say it makes eating issues worse. in a statement to cnn, facebook disputed the interpretation of the study and said the percentages are lower. >> the company's leadership knows how to make it safer but won't make the necessary changes because they have put their profits before people. congressional action is needed. >> we removed content that could lead to imminent real world harm. >> reporter: feacebook ceo mark zuckerberg responded saying we care about safety, well being and mental health. saying if we didn't care about research why would we create an industry leading research program in the first place. those who know the inner workings of the tech world said regulation won't save teens. >> it's putting kids in these loops of engagement. that's what i'm worried about, there isn't a quick fix to this thing. it's the nature of the product. [ screaming ] >> reporter: these two young women say simply put instagram endangered their very lives as teenagers. >> we shouldn't have to end up in hospital beds or be fed by a nasal tube or our parents say good-bye to us or hand over parental rights because your platform is encouraging us to starve ourselves. >> ashley thomas is now 20 years old and she's decided to go back on instagram but she's using it to help heal people who have eating disorders like her. she has started an organization called my secret burden. we have also heard from anastasia, and she is now in school, she is 18 years old, and she is happier and feels better about herself after completely deleting the instagram app and staying away from it. she has also started a podcast, which is about to release called brave takes and is writing a children's book to try to help children better deal with technology. fred? >> extraordinary, sarah, thank so much. i'm glad these two young ladies are now thriving. thank you for joining me today, i'm fredricka whitfield, the cnn "newsroom" continues with jim acosta after a quick break. first in this week's the human factor, a young man's dream to become a star football player was derailed by tragedy. so he sought out another dream motivating -- another way in which to dream motivate others to be their best. here's dr. sanjay gupta. timothy alexander realized at a young age he was good at football. >> i wanted to grow up and play ball. not just play but have a career and do something for myself and my family. >> but his senior year in high school an accident changed everything. >> we hit a telephone poll, the car went down a cliff leaving me f paralyzed from the neck down. >> he did regain function in his upper body but depression plagued him. >> i tried to kill myself three times in one week. i told my coach i was going to be the best tight end in football but i would probably never touch the field. he said i wanted to invite you to practice. >> he worked out and did reps with players. the coach was so impressed timothy earned a null scholarship at the university of alabama, after getting a masters degree, uab hired him as director of character development. >> my job is to remind them why they decided to play this game. >> his motivational speaking skills have led to bookings by pro sports teams and fortune 500 companies. >> it's our positive response that allows us to be unstoppapable. (jackie) i've made progress with my mental health. so when i started having unintentional body movements called tardive dyskinesia... i ignored them. but when the twitching and jerking in my face and hands affected my day to day... i finally had to say, 'it's not ok.' it was time to talk to my doctor about austedo. she said that austedo helps reduce td movements in adults... while i continue with most of my mental health medications. (vo) austedo can cause depression, suicidal thoughts, or actions in patients with huntington's disease. pay close attention to and call your doctor if you become depressed, have sudden changes in mood, behaviors, feelings, or have suicidal thoughts. common side effects include inflammation of the nose and throat, insomnia and sleepiness. don't take austedo if you have liver problems, are taking reserpine, tetrabenazine, or valbenazine. austedo may cause irregular or fast heartbeat, restlessness, movements mimicking parkinson's disease, fever, stiff muscles, problems thinking, and sweating. (jackie) talk to your doctor about austedo...it's time to treat td. td is not ok. visit askforaustedo.com. si acelero no me paran. el viento pega en mi cara. ♪ si acelero no me paran el viento pega en mi cara ♪ ♪ ♪ before we talk about tax-smart investing, what's new? -well, audrey's expecting... -twins! grandparents! we want to put money aside for them, so...change in plans. alright, let's see what we can adjust. ♪ we'd be closer to the twins. change in plans. okay. mom, are you painting again? you could sell these. lemme guess, change in plans? at fidelity, a change in plans is always part of the plan. for people who could use a lift new neutrogena® rapid firming. a triple-lift serum with pure collagen. 92% saw visibly firmer skin in just 4 weeks. neutrogena® for people with skin. we are live in the cnn "newsroom," i'm jim acosta in washington, and we begin with the executive privilege tug of war over a batch of sealed documents related to the insurrection. former president trump doesn't want them to see the light of day, and he's sure to air his grievances when he speaks at a rally in iowa tonight. but it's not his thing anymore and president joe biden is refusing to excerpt executive privilege to keep the documents under wraps. this sooems to lead to a show down. the investigation is zeroing in on four close trump associates, dan ska sereno has been served with a subpoena, the former presidential aid to donald trump had been mia earlier this week, mark meadows and caand kash pat is cooperating.

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