and good evening, i'm erin burnett. out front tonight, the breaking news. we are standing by for a vote to break the filibuster that has been holding up president biden's agenda. that vote is expected to take place tonight, this hour, on the senate floor that you are seeing live. and that vote is expected to fail. this pivotal moment like i said expected to happen this hour. live and prime time. coming as president biden just wrapped up a news conference for about two hours to mark one year in office. >> tomorrow will mark one year since i took office. it's been a year of challenges but it's also been a year of enormous progress. >> his presidency depends on if the american people listen to what he said over two hours, and believed what he said about enormous progress because biden today trying to reset his presidency with that live question-and-answer session. because right now, polls show almost two-thirds of americans think the united states is on the wrong track. that is the second-worst percentage since they started tracking it during jimmy carter's presidency. and a recent quinnipiac poll showed only 25% of independents approve of biden's job as president. that was 50% nearly a year ago -- cut in half. he is trying to reset with that press conference today. and this hour, we are going talk a lot about what he said. he said a lot from ukraine to the build back better bill, to whether cakamala harris will ben his re-election ticket. and of course, voting rights and that is what we are waiting for as i speak live -- that vote. and tonight, biden acknowledging that that key priority of voting rights faces an uphill battle. >> it's going to be difficult. i -- i make no -- about that. it's going to be difficult but we are not there yet. we have not run out of options, yet and we will see how this moves. i am confident we can take the case to the american people that the people they should be voting for are going to oversee whether elections are in fact legit or not should not be those who are being put up by the republicans to -- to determine that they are going to be able to change the outcome of the election. >> all right. as biden was making his case, right, as he was saying they haven't run out of options, i want to show you what was happening at the exact same moment. democratic senator joe manchin at the exact same moment on the other side of your screen was giving biden's agenda a hard no. look at the poster. didn't need to listen to what he said. quote, the united states has never been able to end debate with a simple majority. manchin putting up a sign to be sure that we all know he is not onboard with changing the rules to pass biden's bill. for biden tonight, he wanted people to look away from manchin, from the blockade that he is facing from some in his own party and to focus, instead, on the gop. >> i did not anticipate that there would be such a stalwart effort to make sure that the most important thing was that president biden didn't get anything done. think about this. what are republicans for? what are they for? name me one thing they're for. >> he may have a point. but it is not just about what republicans are for. it's also about what joe biden's own party is not for. and that's what we are about to see play out on the senate floor, live, this hour. jeff zeleny is out front live outside the white house to begin our coverage tonight. jeff, you were there inside that two-hour press conference. president biden defending, making the argument that he has made progress and has accomplishments as he tries to turn around those poll numbers. >> erin, he did and he certainly has made accomplishments. there is no question about it. the vaccine rollout is tremendously different than a year ago. there was that major infrastructure bill. there was the american recovery act. 6 million jobs have been created. yes, accomplishments but the question is there are a string of setbacks that really have set back this white house. set back this administration. so, this was a chance for the president to offer a bit of a reset or a turning the page. there was more a sense of doubling down with a few exceptions. i asked him about the competence of this government. that, of course, is one of the underlying factors in why so many americans believe the country is on the wrong track. he defend the competence, but he did acknowledge that covid testing should have been better. but then, he said he intends to make some changes into the second year. he said he wants to get out of the white house more. he -- he described himself as a president-senator. that he wants to be -- he knows he is -- he has all these years in washington, been negotiating these deals. now, he knows he has to be leading so that is a very different role but, erin, for all the seasoning, he had experience coming into the white house, it struck me that he is still trying to get his footing as the leader of the country. commander in chief as well. a few missteps on ukraine and russia but overall, it is unclear going forward what big changes he will make in terms of structural changes. he said he stands by his team here at the white house. and as you said, he talked much more about republican opposition than democratic opposition. and in this hour, we are going to see why it's that democratic opposition and big expectations from democrats that is actually his biggest barrier. >> yeah, certainly is. all right. thank you very much. i appreciate it, jeff. so i want to go to abby phillip. and van jones, former special adviser to president obama. so, van, you know, obviously you have got the optics of manchin and biden speaking at the same moment about the same thing. one saying let's go. the other saying no, never, no way. and is that any way he possibly could. what do you think of what you saw from president biden in thety totality of that press conference, he kept taking extra questions. >> you have to give him credit for being willing to stand there for two hours and he took -- he took every question. um, but you know, i think there is nothing that he can say right now that is going to turn things around on the a dime. the numbers are what they are when this it dmos inflation, when it comes to covid, et cetera. i think what i came away with feeling was that, you know, the problems this country faces are bigger than one guy can deal with. you have a democratic party that can't find a way to compromise with itself to help this president. you have a republican party that won't cooperate to help this president. and sometimes, biden can't communicate well enough to help himself. and so, you are at a low point right now. i think the way forward is what he says. he's got to get some wins on the board. and he is got to get out there and make his case better. but listen. with the numbers being what they are, there is no way that one press conference was going to fix it, anyway. you got to give him credit for being willing to stand there and face the fire and keep pushing forward. >> right, which is true, right? that he did take 9 -- two hours of questions, right? he is like how long do you want me to stay here? all right. i will do another 20 minutes. abby, you know, we are about to see this vote, right? in primetime. senator manchin today making it clear, right, as joe biden was speaking, where he stands, how this is going to go. and this is going to happen, right, in primetime, this hour, we are awaiting it, the actual vote. this is not the optics just to -- to state the obvious -- that president biden wanted on the day that he is giving his one year in office press conference. >> i think that perfectly encapsulates what has been so wrong with how this last week or two has gone for the biden administration. you know, president biden is right in a lot of ways. he has accomplished quite a lot in his first year in office. major covid relief bill. a major bipartisan infrastructure bill. but that is overshadowed by a crisis of his own making, frankly. the white house set up a situation in which they knew they would fail on these voting rights bills. they knew that they would set up this intraparty fight with manchin and sinema, whose position on the filibuster has not changed in all the months that we have been discussing this. and yet, they set this up anyway. and in fact, to the point where it is coinciding with his one-year anniversary in office. so, i mean, that just from a strategic perspective is not particularly smart. but it -- i think it highlights the challenge that they have in trying to convince americans that, hey, we did all of this stuff for you. things are going great. when the last thing on people's minds is the price of gas at the gas station. the price of food at the grocery store and the legislative melees here in washington i think it is just a trifecta of really bad, um, you know, issues for voters to take in right at this moment. >> and, van, it comes, you know, as -- as abby talks about, you know, people are talking about competence in the administration. right? and there's been so much focus on the administration and who is doing what. and who is going to remain doing what, right? and i have to say, the president was very clear today one of the shortest but most clear exchanges he had was the one about running for re-election and vice president harris and his plans for 2024. here it is. >> you put vice president harris in charge of voting rights. are you satisfied with her work on this issue? and can you guarantee -- do you commit that she will be your running mate in 2024, provided that you run again? >> yes and yes. pardon me? >> do you care to expand? >> there is no need to. i asked the -- she is going to be my running mate, number one. and number two, i did put her in charge and think she is doing a good job. >> um, of course, i don't know how you define a good job, obviously. we are about to see that fail. so, that -- that's obviously a strange krej allty. but very clear there, van, very clear. >> yeah. >> on kamala harris. >> listen. and i -- and i appreciate that and i think a lot of democratic voters appreciate that. that's -- that's the one time that you don't want to give any fuzzy, foggy, let me tell you a long story answer. clear and direct. they are a team. he is staying together. they are -- they are going to fight forward. um, and look. i think that part of the reason that answer stood out so much is because some of the other answers were kind of foggy in the end. i think you have to be honest that you can be a foggy, meandering president. say, like reagan near the end if you are winning. but if you are foggy and meandering on key questions and you are also not winning, then you got a real problem and so i think the real challenge that you have is the numbers are out there that are bad. but this party has got to come together, and start putting some wins on the board for this president. they either got to start -- they are going to either hang together or they are going to hang separately. >> so, abby, you know, it comes in the context of the polls, right? 38% of people think things are going well in the united states. 62% say things are going badly. self-identified independents are the largest group in this country and their approval of biden has gone from 50% to 25 in the past year. those are big things to turn around. >> 100%. i mean, look, voters feel like they are kind of on their last, you know, straw right now. i think this country and maybe even the world has been so strained by the pandemic, you didn't really get the sense in the press conference today that biden really understood the gravity of how, you know, just being better than the last guy, doing better on vaccines is not enough to help people feel like they are truly getting through this pandemic. parents struggling with kids constantly home from school because of outbreaks, because of, you know, going virtual for a couple of days. they lose childcare, maybe they can't afford childcare. families i think are having a really hard time and i think biden tried to make a lot of, you know, explanations for why that might be the case. he says there are things on the grocery store shelves. he cited some statistics on that but what was missing was a sense of i feel what you are going through, and here is how we are going to resolve it. that still, you know, biden can do that. he actually has empathy. but he didn't do it today, and it's not clear to me why they can't bridge that gap between what -- what the numbers say and what people are actually feeling in their homes and in their pocketbooks. >> which is usually something that he -- he is stronger at to your point. van, one other thing stood out to me and that was when the president was asked whether he believes the midterm elections could be fair if election reform bills, you know, aren't passed. and i wanted to play part of that exchange. >> if this isn't passed, do you still believe the upcoming election will be fairly conducted and its results will be legitimate? >> well, it all depends on whether or not we're able to make the case to the american people that some of this is being set up to try to alter the outcome of the election. no matter how hard they make it for minorities to vote, i think you are going to see them willing to stand in line. and -- and defy the attempt to keep them from being able to vote. i think you are going to see the people they are trying to keep from being able to show up, showing up and making the sacrifice that needs to be make in order to change the law back to what should be. um, and -- but it's going to be difficult. >> van, i -- i have no interest in false equivalencies in any way but when the first words out of your mouth are "well it all depends" in a country already questioning the legitimacy of elections, that was a bit jarring. >> look. i think that was the opposite of the kamala answer where it was foggy and meandering. i think the point he was trying to make is the difference between voter suppression, where you make it hard for people to vote. you fix that with longer lines. that is not the real problem. the problem is voter subversion. what he was trying to talk about was putting people in charge of counting the votes who might cheat. that is a big issue. and i think this whole big voting rights conversation, things are getting all mixed and muddled, including in his answer. i think we can fix suppression with long lines but you can't fix subversion with long lines because you got to make sure the people counting the votes are fair. if he would focus on counting the votes fairly, i think he could have a bipartisan consensus but i think he botched that answer pretty badly. >> right because the question was about his voting bill, which he then -- he then answered a question about something else that is happening at the state level. all right. thank you, both, so much. i really appreciate your thoughtfulness, your perspective. thanks. and next, the senate expected to vote any moment on moving forward with president biden's voting rights legislation. so, what is this gonna look like? live. plus, breaking news. the supreme court clearing the way tonight for the january 6th select committee to get hundreds of documents that trump had fought to keep secret. a member of that committee is out front. and the white house trying to clear up what biden said tonight about putin and ukraine. >> russia will be held accountable if it invades and it depends on what it does. it's one thing if it's a minor incursion. this is the sound of nature breathing. and this is the sound of better breathing. fasenra is a different kind of asthma medication. it's not a steroid or inhaler. fasenra is an add-on treatment for asthma driven by eosinophils. it's one maintenance dose every 8 weeks. it helps prevent asthma attacks, improve breathing, and lower use of oral steroids. nearly 7 out of 10 adults with asthma may have elevated eosinophils. fasenra is designed to target and remove them. fasenra is not a rescue medication or for other eosinophilic conditions. fasenra may cause allergic reactions. get help right away if you have swelling of your face, mouth, and tongue, or trouble breathing. don't stop your asthma treatments unless your doctor tells you to. tell your doctor if you have a parasitic infection or your asthma worsens. headache and sore throat may occur. this is the sound of fasenra. ask your doctor about fasenra. you could email an urgent question to lisa in marketing. and a follow up. and a “did you see my email?” text. orrrr... you could see her status in slack. and give lisa a break while you find someone online who can help. slack. where the future works. better skin from your body wash? 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[ cellphone vibrates ] you'll get proactive alerts for market events before they happen... and insights on every buy and sell decision. with zero-commission online u.s. stock and etf trades. for smarter trading decisions, get decision tech from fidelity. breaking news. the senate set to vote in a moments from now in an effort to move the president's voting right legislation forward. that vote will fail tonight in part due to democratic senator joe manchin's continued refusal to kill or, in any way, alter the filibuster. and that is the only way to get democrats to pass the bills with a simple majority. >> what i believe is a great misleading of the american people. for the last year, my democratic colleagues have taken to the senate floor cable news airways, pages of newspapers across the country, and to argue that it is actually restoring the senate to the vision of the founding fathers intended for this deliberate body. my friends, that is simply not true. >> he couldn't be more clear. that speech from manchin as i said at the very same moment that president biden was giving his big one-year press conference. saying that he hasn't given up yet on voting rights legislation, and that there are still avenues left to get it passed. the president also saying haehasn't given up on his build back better spending plan, which has also stalled thanks to senators manchin and sinema. the president conceding tonight he may have to split that bill up in order to get any parts of this through. manu raju is out front on capitol hill. so, manu, this is obviously now a big night on the floor of the senate. what can we see? >> yeah, we can expect to see failure for the central part of joe biden's agenda after months of trying to push this bill and making this the big focus in the initial weeks of the new year. that it will finally end to failure. democrats are going to, in the next hour, have a vote to try to overcome a republican-led filibuster. they are not going to get any republican support and they do need ten to break that filibuster. and at that point, that is when chuck schumer -- the senate majority leader -- had try to move to change the senate rules. to impose what is known as a talking filibuster. requiring members to take to the floor, and once they are done talking, that's when the senate could essentially move to pass this bill on the simple majority vote. but to do that, he has to change rules, first which means that senators joe manchin and kyrsten sinema have to be on borpd and those two senators have been opposed for months to any efforts to reduce the 60 vote threshold to overcome a filibuster which means the efforts to change senate rules will fail. now, at the same time joe biden has been making his case privately to senators, he came up to capitol hill last week urging them to get onboard. these two senators were not way swayed and they were also not swayed by his public comments tonight where he said if they dot no pass these voting bills that the elections could be viewed as quote illegitimate. well i just asked joe manchin about that, erin, and he said that we might have a little difference of opinion on that. and he is the only one. senator ben cardin, a close ally of the president tonight told me i don't know if i would use those terms. he said those state laws are troublesome. erin. >> very interesting, manu, we were just talking about that very point, right, how the president opened the door to, you know, that it could be illegitimate results if this bill doesn't pass. thank you so much, manu. and as we await that vote, i want to go now to democratic congresswoman sheila jackson lee because she was there today. she went to the senate chamber to watch the debate over voting rights. i so much appreciate your time. so you were there. you saw senator manchin. what did you make of that? and what do you make of the symbolism of manchin and biden speaking literally at the same time today? >> well, erin, first of all, thank you so, very much for having me this evening. i think there is a real question of who will be the major for justice in equality tonight? when senator manchin spoke at the same time as the president, was he in the name of dr. martin luther king who died in the fight for social justice and voting rights -- is he going to be the drum major for justice and equality? i think the divide of the president and senator manchin was not one that created, for me, any tension. the president, i believe, has worked without ceasing for the american people. i think the question now has to be for the 50 republicans and two of our friends, for them to be able to stand up for the constitution over a frivolous and insignificant senate rule. i want to ask senator manchin whether he understands that the compact that we've made as the american people -- it is a nation of laws and that foundation is a constitution. there is nothing in the constitution that promotes, advocates, or even states the language of the filibuster. he is wrong. i want to give him time to change his mind. and senator sinema. and want to give him time to be a drum major for peace, justice, and equality. >> so, the president today when he talked about this, framed part of the problem with his voting rights legislation in this way. i wanted to play it for you. >> i think that's -- that's a problem that is my own making by not communicating as much as i should've. the fact is that there is -- um -- there's a timing that is not of one's own choice. it's dictated by events that are happening in country and around the world as to what the focus is. but part of the problem is, as well, i ever nhave not been oute community nearly enough. >> you know, you got to give a person credit who is willing to talk about what the mistakes they may have made. okay? and he lists two there, specifically. not communicating as much as i should have and i have not been in the community enough. is that what you think went wrong, though some. >> well, i want to absolutely give the president for being a straight up guy. he is a person who speaks honestly and speaks from the heart. but let me be very clear. this is a legislative process. thank the president for embracing both of these bills. and -- and embracing martin's legacy and embracing martin's family, and embracing john robert lewis. but this is a legislative process and the congressional black caucus, for one, has been a enormous and outstanding leader in engaging with all of the senators and all of our members in the house and we voted successfully for both of those bills. i wrote senator manchin a five-page letter, and laid out my life story, the story of my constituents, the story of those of us in the south. those of us whose districts have already been written out because of oppressive, suppressive voting laws. i don't put myself up as the singular important aspect of this but it is the american people. and we gave this process a very long time. but yet, i am willing to give it more. i believe a rolling-talking filibuster is right. i believe senator manchin is wrong and senator sinema is wrong. am i angry at them? no. i want to engage with them and as i engage with them, i want them to take the time to change their mind because we cannot have elections, if you will, that are fair and reputable without these particular laws. >> and -- and obviously, look. i -- i -- i know you have got to be hopeful. they have obviously made it clear every which way to sunday, they aren't going to change their minds but i understand that you are still pressing ahead. it leads me to this question, though, and that is that some democrats -- you are saying you are not angry with them but others are and they are saying senator manchin, senator sinema should be primaried from the left for refusing to kill the filibuster to pass voting rights. today, cnn stopped senator bernie sanders and asked him whether he is open to backing -- openly backing primary opponents to manchin and sinema, one-word answer. yes. but senator mitt romney defended them tonight and i wanted to play what he said. >> my colleagues did not criticize me or hang me out to dry when i had a vote or two particularly with regards to the impeachment of donald trump. they did not make my life difficult. they respected my vote of conscience. i am surprised to see the people talk about bringing a primary against joe manchin or kyrsten sinema. >> so, do you stand with bernie sanders? would you support a primary challenge to those senators? or do you think mitt romney is more on the right path here? >> well, erin, you have just opened the door for me to walk through senator romney has no excuse for not supporting these legislative initiatives. there is great support in the state of utah i believe for in terms of utah becoming a more open state, if you will. among many other states to support this legislation. 71% believe there should be early voting made easier. 69% believe that we should have mail-in and early vote. >> senator romney says no one from the white house ever reached out to him to even talk about possibilities on this. >> and the white house has clearly told me that is not accurate when i say the white house, leaders have told me that is clearly not accurate. but i certainly would encourage anyone to reach out to all persons who want to seriously work. i want to answer your question directly. i want to take the time to focus on them as senators. and expect for them to be deliberative. i want them to understand what the republican senator said in the 1800s and he said it's shameful in the senate that the majority is subject to the tyranny of the minority. i would hope that senator manchin would look at that premise -- that it is the minority that is terrorizing the majority -- that wants to go forward on real voting rights laws to avoid what is happening, erin, in texas where they are throwing out under the new oppressive voting law, ballots coming in that are mail-in ballots because they don't have a number. that is outrageous, unconstitutional, and it is a shame on america. i plan to stand with dr. king and john robert lewis and what has been done to move voting rights forward over the last decades. let's ask the senate tonight to not let this be the last time. let them continue to debate and let's get to it and let's pass these votes -- these bills and signed by the president of the united. >> i so much appreciate your time and thank you. and as we speak here, of course, we are awaiting those votes on the senate floor. next, the breaking news from the supreme court deciding that trump cannot keep hundreds of white house documents away from the january 6th select committee. it's a big victory for the committee, and a member will be with me next. and biden predicting tonight that russia will move in on ukraine and that the type of incursion matters. now, the white house trying to clean that up. supplement with vitamin c and b vitamins to help energize and replenish. dayquil severe is a max strength daytime, coughing, power through your day, medicine. new from vicks. are you taking a statin drug to reduce cholesterol? 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i mean, this is something the former president had strenuously fought all the way to the supreme court. >> absolutely, erin. this is a big loss for trump. made possible, in part, by three justices that he appointed to the high court. now, here, the supreme court has rejected his request to block the house select committee investigating january 6th from obtaining his white house records. now, erin, he had tried to assert executive privilege over some of these documents. but the current president is the one with the power to protect materials from previous administrations. president biden citing the extraordinary circumstances of january 6th, declined to assert privilege. even today, the chief justice said, look, this is an unprecedented question. what do you do when a former president and a current president disagree about executive privilege? now, trump lost at the lower court. he lost at the appellate court. and here today, at the supreme court losing in an 8-1 decision. notable, erin, justice clarence thomas was only justice to note a dissent. and all three of trump's supreme court picks decided against him. now, what does this mean for the committee? well now, more than 700 pages of documents could potentially shed some light on the days leading up to january 6th and january 6th itself in terms of what was going on at the white house. now, among these documents as you noted, you have call logs, you have notes from top staffers. these materials could potentially really help the committee understand what was happening in the white house during this time. >> all right. paula, thank you very much and the way it happened on the supreme court i think is so important to note. thank you. and i want to bring in now democratic congresswoman zoe love lofgren of california because she is a member of the january 6th committee. congresswoman lofgren, thank you for coming back. the former president fought extremely hard to keep these records private. they went all the way to the supreme court and they lost. do you know how quickly you will receive the documents? >> well, we have received some documents that were not covered by the injunction because of the way it was drafted, already. that's just been received. and we expect to receive tranche one, two, and three promptly. i don't know that we have a deadline. but i -- i think very promptly. and it's a very big deal for getting the truth out. i was glad to see that the court respected the decision made by the appellate court. as i think i said the last time i was with you, um, the -- the former president failed to make his case to get injunctive relief, you have to prove irreparable harm and you have to prove a likelihood of prevailing at trial. he didn't even try to do that at the appellate court. and so, this doesn't really resolve the issue of a dispute between a former president and a current president. he just didn't make his case. and so, we are going to get these documents and we are going to go through them and help piece this picture together. >> well i know, you know, promptly obviously is important and i know time is of the essence in your work. i -- i do know congresswoman or understand that you were supposed to obtain four pages of trump's white house documents from the national archives about an hour ago. and did you receive those? and are you able to -- to tell me anything about what's in them or how important they may be? >> we did receive some material from the national archives today. um, the staff is going through the material. the members have not yet had a chance to look at it but yes, the material is starting to flow in. >> so, a source who's seen the subpoena that your committee issued to trump's personal attorney rudy giuliani says it demands information about his contacts with members of congress and elected officials -- election officials -- i'm sorry -- and giuliani's lawyer told cnn the subpoena is and i quote just political theater, that giuliani is protected by executive privilege. he adds, when you are asking questions of the president's personal attorney, you're not gonna get answers. giuliani obviously appears willing to defy your subpoena. how important is he to you? will you go to criminal contempt if he doesn't cooperate? >> well, i don't -- i don't want to predict what the committee will do but he -- he is an important figure in the plot plot leading up to the -- the riot on the 6th. we have questions for him. the idea that his communications with other elected officials is somehow covered by executive privilege i think is -- is not correct. and we'll -- we will do what we need to do to get the information from him that we deserve. we want to get all the facts and, you know, if he thought he was doing such a wonderful thing, why wouldn't he come forward and tell the truth to the committee? >> so, you know, you talk about you want to get everything and i know you have talked to 400 people. i -- i understand that. and -- but the subpoenas this week, one thing that really stood out to me, congresswoman. you have got eric trump on there. you got kimberly guilfoyle, the fiancee of donald trump jr. on there. donald trump jr. -- ivanka trump -- >> that was for the -- >> phone. >> phone record, not the content y but just the -- >> phone records themselves. yes, an important distinction and thank you for making that but i want to know first of all, are there going to be more coming for those individuals? but also, what about the others? donald trump jr., ivanka trump, jared kushner, we haven't heard about them in this capacity yet, even though we have heard some of the text messages they sent that day. >> let me just say we are looking at everything. i am not in a position to say when requests for interviews or even subpoenas will be issued. that's something that the committee does as a group. however, nothing is off the table. we're going to get to the bottom of this entire plot. >> all right. well, congresswoman, i appreciate your time. thank you, again, for being with me. >> you bet. anytime. >> all right. and the january 6th investigation not the only legal setback trump is facing tonight. cnn learning manhattan's new district attorney, alvin bragg, has been briefed on the criminal investigation into the trump organization tsai vance was running. source telling our kara scannell he is now actively involved in the case. it comes as new york attorney general letitia james working side by side with the da says her investigators have evidence of quote fraudulent or misleading statements from the trump organization. they are revealing new details in a court filing pushing for testimony from donald trump himself, along with his children ivanka and don jr. out front now, shan wu, former federal prosecutor and shan, look, this is pretty significant. they are coming out ask saying they have got a lot of the goods they found misleading numbers for six trump properties from new york city all the way to scotland. they are saying they have proof that trump reported his trump tower penthouse was almost three times bigger than it actually was to increase the value by $200 million and drop the value two years later. they are saying just they have got absolute proof that they lied about values to get loans, insurance, and other things, all of which would be fraudulent. this is civil. but they are also working, of course, with the manhattan da on criminal charges possibly. where do you see this going? >> well, i think this is further corroboration of what we have been hearing all along, which is that the trump organization felt free to inflate and then deflate values whenever it helped them and that is fraudulent. the same evidence as to civil fraud would be the evidence for criminal fraud. the question is gonna be for the criminal prosecutors to determine if they think, overall, the case is strong enough to meet that higher burden of proof in the criminal case, as compared to the civil case. but the evidence is going to be the same, and it sounds like there is something there. >> i mean, it certainly does from the way they are putting it out. you know, no -- no -- no fogginess or meandering in this. um, the court filing says the ag's office -- they are basically zeroing in on a lot of things but one of them, actually kind of specific detail that stood out to me, file cabinets at the trump organization that they say could be key because they note while mr. trump famously doesn't use e-mail or a computer. he regularly generated handwritten documents. he had assistants who maintained files on his behalf and all of his, you know, receiving of hard-copy documents and he used post-it notes to communicate with employees. um, i can say, you know, having known him over many of those years, it's true. he communicated in post-it notes. it's how he did it. what do you think they are hoping to learn from these files? they going to get everything? >> well, i think that is such an interesting point that you raise, erin, because that is a great distinction between a civil and a criminal case. with the civil case, even when they issue these subpoenas, the recipient still has a lot of discretion. they decide what's responsive to the subpoena. that's what we call it. and here sounds like from the filing that they made a decision that there wasn't that much responsive in the filing cabinet. in the criminal case, by contrast, the prosecutor could just execute a search warrant and take the entire cabinet. so what they are looking for there would be corroboration of what trump's state of mind woosh would be in terms of contemporaneous notes that might have been kept and indications that he saw certain information as well because they are looking to see what he as well as other executives would have known. >> all right. shan, thank you very much. >> you're welcome. and next, reaction tonight from the white house. a bit of a scramble here after president biden spoke about a potential russian invasion in ukraine. plus, what the president admits he could have done better when it comes to the pandemic. ♪ so you won't have a medicare in the world. ♪ fill your medicare prescriptions with walgreens and save. woman: i have moderate to severe plaque psoriasis. now, there's skyrizi. with skyrizi, 3 out of 4 people achieved 90% clearer skin at 4 months after just two doses. skyrizi may increase your risk of infections and lower your ability to fight them. before treatment, your doctor should check you for infections and tuberculosis. tell your doctor if you have an infection or symptoms, such as fevers, sweats, chills, muscle aches, or coughs or if you plan to or recently received a vaccine. ♪ nothing is everything. ♪ woman: talk to your dermatologist about skyrizi. learn how abbvie could help you save. you booked a sunny vrbo ski chalet. with endless views of snow-covered peaks. but the thing they'll remember forever? 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[music: “you can get it if you really want” by jimmy cliff] jeff's been to the bottom of the ocean. the tops of mountains. and wherever this guy runs off to. a life well lived should continue at home. with home instead care, older adults can stay home, safe, and happy. home instead. to us, it's personal. ♪ ♪ do your eyes bother you? because after all these emails, my eyes feel like a combo of stressed, dry and sandpaper. strypaper? why do we all put up with this? when there's biotrue hydration boost eye drops. biotrue uses naturally inspired ingredients like an electrolyte, antioxidant, even your tears' own moisturizer. and no preservatives. these ingredients are true to your eyes' biology. see? bio.true. hi, i'm debra. i'm from colorado. i've been married to my high school sweetheart for 35 years. i'm a mother of four-- always busy. i was starting to feel a little foggy. just didn't feel like things were as sharp as i knew they once were. i heard about prevagen and then i started taking it about two years now. started noticing things a little sharper, a little clearer. i feel like it's kept me on my game. i'm able to remember things. i'd say give it a try. prevagen. healthier brain. better life. breaking news. the white house right now trying to clean up this striking comment from president biden about how the united states will respond if putin invades ukraine. >> russia will be held accountable if it invades, and it depends on what it does. it's one thing if it's a minor incursion and then we end up having to fight about what to do and not do, et cetera. but if they actually do what they're capable of doing with the force they massed on the border, it is going to be a disaster for russia. >> the it's one thing if it's a minor incursion, of course, had a lot of jaws on the floor and the white house press secretary jen psaki now coming out in a statement moments ago saying quote if any russian military forces move across the ukrainian border, that is a renewed invasion and will be met with a swift, severe, and united response. obviously, quite different than what the president said. matthew chance is out front live from kyiv, ukraine. matthew, you have spoken exclusively with ukrainian official about biden's comments what did they tell you? >> well, erin, they were displeased when they heard those comments would be an understatement. one of the officials i spoke to said that he was shocked when he heard president biden draw a distinction between an incursion and an invasion. and to suggest that if there was some kind of minute -- minor, rather, incursion into ukrainian territory, then that would be treated differently and elicit lesser sanctions than a major invasion. it -- it's not the kind of nuance we have heard before. certainly, something ukrainian officials say they have never heard spelled out to them. though, i understand it is that kind of sliding scale of sanctions depending on the seriousness of the russian action that is being discussed privately. nevertheless, the point of the concern here in -- in ukraine, according to this one ukrainian official who has been in touch with other ministers in the country as well is that it p potentially offered a green light to putin to stage a limited land grab into -- into the country with the response of just sort of limited sanctions from the united states. in the words of this official, putin gave him the green light to enter ukraine at his pleasure. i have to say, erin, also touched on i think a very sensitive nerve here which is this idea that, you know, behind closed doors, when u.s. and russian officials get into the room, they talk about the future of ukraine with ukrainian officials not there. some kind of back-room deal may be done. it is always what u.s. officials say isn't but it is something there is paranoia and concern about here in ukraine. >> matthew, president biden -- you talk about the green light that you are hearing about. he also predicted that putin will, quote -- his words -- move into ukraine. he said quote he has to do something. now, perhaps he is just referring to the obvious, right, which is he has got 10 -- you know, by your count, 40 or 50,000 troops there or ready to be there. but is that the assessment on the ground in ukraine? that he will for sure? >> well, it's -- um, you know, it's kind of schizophrenic i think the view here from the ground. on the one end, you have got military intelligence gave us a briefing yesterday saying there were 127,000 russian troops that have gathered there. kyiv, the capital here has been brought into range of -- of missile batteries. missile batteries which could have obviously a devastating effect. but the president himself here, president zelensky playing down that threat and urging everybody to calm down saying he doesn't believe there is going to be an invasion. erin. >> all right. matthew, thank you very much. reporting tirelessly for us from kyiv. out front next, we return to a hospital we first visited back in september to see what's the biggest battle they are now facing. like what if i give you a lollipop... then i give you our best lollipop. that's not fair. at at&t we think it's only fair that all customers get our best deals... ...and you get a choice of plans. she said everyone? 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or what -- >> some of them don't believe they have it. they don't believe it's a real thing. i have heard that. >> reporter: with nearly a third of kentuckians testing now positive for the coronavirus, the state has smashed its record-weekly case count. more than 70,000. the unvaccinated or partially vaccinated accounting for nearly 80% of those cases. nearly 85% of hospitalizations and more than 83% of deaths. sherry khan, 80 years old, diabetic and asthmatic, now has coronavirus too. she had one dose of the pfizer vaccine, and says if not for that, she might be in worse shape today. >> and that asthma really knock you down when you can't breathe, you better be getting somewhere. >> and with covid on top of it, that is not a good complication. >> uh-huh. the way i can understand that i didn't have it bad like some people 'cause some people don't take shots like that. >> reporter: not sure how she picked up the virus, she says once released -- >> i will get that second shot. yeah. i'll go to my doctor. >> reporter: and despite the sharp rise in cases, one bright spot. >> it seems that because omicron, in general, appears to be a milder disease versus the delta, we're still having a lot of hospitalizations because a lot of people are being infected just by the sheer numbers but i think the number of people on ventilators, the number of people requiring respiratory support are a little lower than they were and delta. >> reporter: still, health-care workers here, like everywhere, working harder, longer, and with seemingly no end to the pandemic or the nation's bad mood. >> everybody just needs to try to be a little more patient, be kinder with each other. everybody's got their own struggles, whether it's where they work or what they're dealing with with their families, people's had losses. so we just need to all work together to be a kind of place, i think. >> reporter: i was really struck by the pessimism that a lot of the health-care workers i spoke to had this time around. when the vaccine came out, they were hopeful the end was in sight. when they were getting through the delta variant and that wave, they were hopeful the end is in sight. they are not sure now, how deep or how long this current wave is or whether another one's on the horizon. erin. >> all right. miguel, thank you very much from lexington, tonight. thanks very much to all of you for joining us around the world. "ac 360" starts now. good evening. tonight, a president on the defensive tries to regain the initiative and a former president's battle to keep his white house documents away from the january 6th committee ends in defeat at the supreme court. that is in addition to the current president's voting legislation on the line but expected to fail just moments from now in the senate which is taking it up as we speak. so there is a lot of things at play right now and the president went into his part of it with his job approval number 13 points underwater. more people disapproving by 13 points, 54% to 41% approving his -- his -- the job that he is