this is "don lemon tonight" for americans that want the truth to come out about the deadly january 6th insurrection at the capitol, you can mark today down as a major turning point in the investigation. the house january 6th committee is now in possession of more than 700 pages of documents from the trump white house that the former president fought like hell to keep secret. the national archives releasing the trove of information after the supreme court cleared the way for the documents to be release the to the committee. throwing the former president's claims of executive privilege out the door. the documents will reveal the inner workings after the insurrection and days after and not hard to see why he tried to keep them from public scrutiny. politico is reporting details on documents the committee is reviewing including a draft of an executive order dated december 16th, 2020 directing the defense secretary to seize voting machines. a member of the committee reacting reporting just a short time ago. >> it's incredibly concerning. you know, if this is in fact a verifiable document that was drafted by the president's inner circle and the department of defense and looking at this very closely from the committee at this point, you know, still determining if that reporting is accurate but it is certainly very concerning. >> the trump allies were plotting with him inside the oval office two days later on december 18th. sydney powell urging trump not only to seize machines and appoint her as special and remarks on national feeling and we're learning about secrets in the days leading up to january 6th. that information coming from stephanie stephanie, the former white house press secretary. >> there were meetings taking place up there. i don't have visibility into what was discussed in all of the people who were there but i can say mark meadows would have been there as well as the legal team working on all of the little plans. >> telling cnn she revealed her testimony and now i want to turn to the senate minority leader. mitch mcconnell on the defense over comments he made after he and every single republican senator voted down to protect voting rights, legislation important to african americans. >> what's your message to voters of color without the john lewis voting rights act they can't vote in the midterm? >> the concern is misplaced because if you look at the statistics, african american voters are voting in just as high a percentage as americans. >> well, it looks like someone needs to remind the gop leader that african americans are in fact americans. cnn contacted the senator and his office and said he left out a word, so there was blow back of his insulting statement but mcconnell's insulted people pointing out by people pointing out his insult. >> i want to take an opportunity here to address the outrageous mischaracterization of my history and record on voting rights and race relations as a result of inadvertently leaving out the word almost in my comments the other day. >> almost? hmm. so mcconnell meant to say if you go with what he's saying, african american voters are voting in just as high a percentage as almost americans? still doesn't sound right. >> the omitted word is all. not almost. sorry. >> boy, good thing there are staffers back at home base to clarify the wording, what comes out of his mouth. mcconnell's office said the senator meant to say other americans. i have to give mcconnell credit, successfully blocking voting rights and items on biden's agaenda and despite the defeat and failing to get build back better passed as one giant piece of legislation, the president is down but certainly not out. the saying this week he wants to try to pass big chunks of big back better. sounding optimistic. >> and we still face tremendous challenges, though. but together we have proven we can get big things done in this country. last year, you help laid the groundwork. this year we have to build it. the biggest weapon in our arsenal is the build back better act. nothing is going to do more to ease pressure on families. >> we'll see if he can get it done in year two. so much to discuss tonight with cnn's chief legal analyst jef jeffrey toobin. good evening. appreciate you joining us. let's talk about this politico reporting. when i read it, i said this has to be an article from the onion. this is not real but it turns out it is real. politico never releases drafts of a trump executive order that would have directed his defense secretary to seize voting machines part of it i want to read. effective immediately, the sec d -- secretary of defense should seize equipment, electronically stored information and records required for retention. what would have happened, jeffrey, if trump actually signed this thing? >> look, don, it's funny. what occurred to me was you know, this felt like a south american country under dictatorship. you know, the argintines when the military e sssentially took over the electoral process. that's the kind of country where the military seizes control of the ballots. so, you know, obviously we know it didn't happen. we're fortunate for that. the thing we found particularly chilling in the document was the references to other national security material which actually is known only to a hand full of people within the government, the politico journal pointed this out. whoever wrote this was someone with access to a lot of information in the executive branch. it was not some nut coming in from the outside. it was someone on the inside and that's a very scary thing. >> yeah. it is. i want to bring in michael who knows all about this. michael, thank you for joining us. we're talking about the military potentially being ordered to seize voting machines. this is the sort of thing we hear happening under authoritarian governments as jeffrey pointed out. how does this news fit in with everything else we know that was going on around that time? >> well, look, it's part of this whole, you know, campaign by the white house and trump's allies to overturn the results of the election. there is no question about that. and, you know, we know that michael flynn was pushing this idea. we don't know who wrote this particular memo but it's worth pointing out as as spooky as it was to have a document like this, it was play tabletly unconstitutional and talks about a 60-day delay in certifying the president. you can't do that. the constitution is pretty clear that come january, when inaugurated, there is no question the u.s. military was not going to go along with anything along these lines i think general milley made that pretty clear. so yes, it is startling to see this in writing that they were thinking about such a crazy idea but we should keep perspective. it was not going to happen. this was part of the whole fantasy world with the trump people were living and it obviously -- >> michael -- >> i hear you. i hear you with it it's not going to happen but i think that -- listen, jeffrey i'll go to you because you wrote the book what happens at the supreme court. i could have created enough chaos and unscertainty people would have been uncertain what to do how to get the next president in office. we never faced a challenge like this and i think it would have really created uncertainty inme system, some chaos. >> i have a little less confidence. remember what was going on at the department of defense in the last moments of the trump administration. you know, he had fired the secretary of defense. he put in an aide to congressman nunes as the chief of staff in the department of defense. the idea that this never could have happened gosh, i mean, you know, fortunately, michael, you know, you're right, it didn't happen but i have a little less confidence that this was somehow outside the realm of possibility and one of the things we'd learned about president trump and his people is whenever he said things outrageous, he said, you know, it's right, let's follow along. you're confident it never happened. >> respond. >> would general milley and the joint chiefs have gone along with seizing election ballots in the united states? so far beyond what they're supposed to do, the idea they would get involved in absolving elections pretty crazy, yes, they were thinking about it at the white house, yes, people were pushing it but, you know, thankfully, we'll never have to resolve those questions. >> i just need you to find me these 11,000 -- if someone can do that, who knows what they'd do. i just -- michael, i'm with jeffrey. i'm glad it didn't happen but, but, go on. >> the one to watch is fanny will last, the fulton county district attorney asking for a special grand jury. i think that is the single biggest legal -- >> michael, why don't you hold that thought. let's talk about -- i got to get a break in and when we come back, i'll have you discuss that. stay with me. much more to talk about about trump's growing legal troubles, as well. the committee analyzing 700 plus pages of this white house record and investigations of his activities heating up in georgia and new york. we'll be right back. lineup of tools and facial hair care products. this is the style master. designed to style your stubble in one stroke, a pivoting metal head that defines every edge, and three comb lengths for added versatility. one tool that helps you choose, change, and master your style. king c. gillette at fidelity, your dedicated advisor will work with you on a comprehensive wealth plan across your full financial picture. a plan with tax-smart investing strategies designed to help you keep more of what you earn. this is the planning effect. no ink! ugh! i need you to print, i need you. you think you're empty? 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>> i want to think of the legal threats that donald trump has on his plate. this is the most serious. it seems to me you've got hard evidence in that phone call talking about find me the 11,000 votes that i need to flip the state. you have other evidence put on the georgia election officials, mark meadows himself goes down and with brad raffensperger so there is a lot that fanny willis has to work with and if you just look at this week show wrote a letter to the chief judge she's serious and look, it's a fulton county grand jury that will decide and if they choose to indict with a full county jury that will decide donald trump's fate and one other point worth mentioning here is if you look at the specific crime until statutes fanny willis sited for the basis of investigation, there is corruptly trying to influence state officials and racketeering, both of those under georgia state law have mandatory minimum prison sentences. that's something i think donald trump and his lawyers will have to think about as they try to navigate. >> go ahead, jeffrey. >> i mean, i agree completely about what a serious threat the georgia situation is. let me add a couple more points. not only does the statutes carry mandatory minimums. this district attorney is not under the same time pressure as the january 6th committee as in congress. she can conduct a thorough invest investigation at her own pace. she's not going anywhere. there is another part of this investigation, which is the u.s. attorney, not the state prosecutor but the federal prosecutor, the u.s. attorney in the northern district of georgia in atlanta was forced out at precisely the time president trump was trying to manipulate the outcome. that's another part of this journey to the investigation and i think it's a really troubling situation for the president because he doesn't have a lot of lev ra leverage there. the atlanta district attorney isn't worried politically about taking on off and running and we'll see where she goes. >> the january 6th committee has 700 plus pages of trump white house records from the national archives including documents from the press secretary's briefing book. according to representative it includes conspiracy theories, ideas how to steal the election. she's saying that this basically went up to the very top. >> well, certainly trump's efforts to overturn the results of the election of course went up to the top. it was driven at the top by department. there has never been a question about that. of the material the january 6th committee released this week, particularly the letter to ivanka trump, when they describe some of what they are seeking from the national archives in particular the pace of trump's video statement, the unused tapes of trump's video statement where they try to get him to get the crowd to leave the capitol and calm down, you know, the idea -- the committee says, the national archives has that and are seeking it. they are likely to get it. i think watching those tapes in which his aids are trying to get him to condemn what is going on and from all accounts, he's resisting, that's going to be politically damaging. there is no question about that. >> jeffrey, i've got to -- >> yeah? >> i got to get to the break but i see your smirk and i want to know what it's about. >> no, i mean, i think as we learn about the january 6th investigation, there are two parts of it that are central. one is the whole effort to convince mike pence between the investigation and the three hour between the start of the riot and when the president finally issues that sort of half hearted request we love you but please stop, ivanka trump is central to both parts of that investigation and we'll see if they ever get her testimony. >> all right, michael, jeffrey, thank you. appreciate it. she's a right wing activist that claims america is a danger because of the so-called deep state. it's the wife of clearance thomas a threat to the supreme court? my next guest explores that question in a blockbuster piece. stay tuned. who invented car vending machines and buying a car 100% online. now we've created a brand-new way for you to sell your car. whether it's a year old or a few years old. we wanna buy your car. so go to carvana and enter your license plate answer a few questions. and our techno wizardry calculates your car's value and gives you a real offer in seconds. when you're ready, we'll come to you, pay you on the spot and pick up your car, that's it. so ditch the old way of selling your car, and say hello to the new way at carvana. ♪ if sweat is your body's natural way of cooling itself down, then condensation is a beer's natural way of saying “drink me.” ♪ my name is austin james. as a musician living with diabetes, fingersticks can be a real challenge. that's why i use the freestyle libre 2 system. with a painless, one-second scan i know my glucose numbers without fingersticks. now i'm managing my diabetes better and i've lowered my a1c from 8.2 to 6.7. take the mystery out of managing your diabetes and lower your a1c. now you know. try it for free at freestylelibre.us i always dreamed of having kids of my own. ♪ ♪ now i'm ready for someone to call me mom. at northwestern mutual, our version of financial planning helps you live your dreams today. if you have medicare and medicaid, a unitedhealthcare dual complete plan can give you extra benefits at no cost to you. like up to $150 for covered over-the-counter items and groceries every month. with unitedhealthcare dual complete... ...there's more for you. 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[ marcia ] clearchoice dental implants gave me the ability to take on the world. i feel so much better, and i think that that is the key. as a business owner, your bottom line is always top of mind. so start saving by switching to the mobile service designed for small business: comcast business mobile. flexible data plans mean you can get unlimited data or pay by the gig. all on the most reliable nationwide network. with no line activation fees or term contracts... saving you up to $500 a year. and it's only available to comcast business internet customers. so boost your bottom line by switching today. comcast business: powering possibilities. you know, this week saw the most important legal decision into january 6th. the supreme court giving the green light for the committee to get ahold of more than 700 documents from the trump white house. the on justice to descent to that was justice clearance thomas and today, a new and blistering report in the new yorker highlights how his wife virginia ginni thomas is a growing issue for the court and i quote from it, it says her political activism caused controversy for years. for the most part, it's been dismissed as the harmless action of an independent spouse and allies in highly polar rising cases on abortion, affirmative action, gun rights. the author joins me now, the chief washington correspondent for the new yorker. this piece is fascinating and i was saying, she's been doing this for years but now there may be consequences for it. good evening to you. you laid out conflicts ginni thomas is involved with and i want to get specific on some of those before you respond. you title this piece is ginni thomas a threat to the supreme court? most people haven't heard of her name. what's your answer to that question? >> of course, we don't write the titles ourselves but i hope people will read the piece and they can make up their own minds. i think that, you know, she's posing some really, really disturbing questions about the court's independence and her husband's independence politically from the activities she's involved in because she's actually engaged and has close ties to many of the cases that are before her husband's court. >> so let's layout some of the reasons why you ask this question is she a threat? thomas has given out awards for conservative group and some other prrecipients had or could have had business in front of the court and you write at the 2019 event, ginni thomas prized one of that year's recipients abby johnson a former planned parenthood that became an anti abortion activist for the river vieting indictment of the propagation of lies. that year thomas gave a prize to mark meadows, then a hard line republican in congress describing him as the leader in the house right now that we're waiting for. there is a huge abortion case now. mark meadows could end up before the court if he keeps fighting the subpoena. they're some of the biggest issues before the court right now. how alarmed is the legal community about her influence? >> i think quite. that was one of the interesting things was talking to many of the most respected experts on judicial ethics, people like steven at new york university who is kind of the gold standard for this who said and is always very cautious about what he said but he said what she's doing is reprehensible and what he said is that it's hurting administration of justice because when you look at the rules for how judges behave, it's not just that they are supposed to have no conflicts but it's also considered just as important that they have no appearance of conflict because the appearance of justice is important for the public's trust in the courts. and this kind of behavior undermines it and it's forbidden really for all the lower courts beneath the supreme court. there is a just didicial code o ethics that blinds the lower courts but the justice in the supreme court hold themselves with the ethics code to say it's optional for them. it's a really troubling situation i think for all the people that i've interviewed and, you know, it is going to get more so as the court takes on these issues that are so explosive in front of the country and it becomes so much the place where very, very important policy decisions are american. >> this group she's involved with in your reporting and in your article you report she's been the chair of a group called ground swell that has tried to smear people like alexander vindman and hr mcmaster for speaking out against the former president. what can you tell us about her involvement in this group of ground swell? >> it's such a strange group. i mean, they've been at it for many, many years but what happened during the trump years was that ginni thomas started using, i think, her husband's prestige to get access to the white house. she was petitioning the white house for a long time to try to bring her friends in and when she did finally get in and she's a consultant, paid consultant and lobbyist, when she got in, she presented an enemy's list to the president himself saying these people need to be basically purged from your administration. they're disloyal. and she suggested her own people that she wanted to have given jobs and, you know, i mean, it's kind of an extraordinary situation, really. and the president himself thought so, the former president trump actually apparently quite liked clearance thomas but said to somebody that i interviewed that he regarded ginni thomas sz the way he put it was a whack but there she was being able to lobby him. >> i mean, if that's the serving enough but it goes on because you note in your reporting on the morning of january 6th that ginni thomas encouraged facebook followers to watch the days' events unfold posting quote love maga people. the poster no longer public but i need you to explain the ties she asked of people involved in the rally that day. >> she's got multiple ties. i mean, i think, you know, what was surprising to me is how many ties she's got not just to these cases in front of the court but obviously, the january 6th investigation itself has a great potential to wind up in front of the supreme court in many different ways. and it already has this week. we've seen on wednesday where clearance thomas as you mentioned was the sole justice to say that trump shouldn't have to turnover his records. and ginni thomas meanwhile not only tweeted in favor of the protesters but for instance, if you take a look, she's got -- she's been on the advisory board of turning point usa. it's one of the groups that's been under investigation for having been an organizer of the protest. another organizer of the protest is moms for america. and the head of that somebody named kimberly fletcher is on ginni thomas' website giving a shoutout for how great she is. they go back ten years together. another person who ginni thomas has connections to who is one of the organizers of the january 6th protest was ally alexander. ginni thomas and ally alexander was part of the group ground swell because there are leaks of communications going back ten years. it's very unusual to have a supreme court justice's wife wrapped up with so many extremists whose issues are now directly in front of her husband's court. >> hey, jane, i want to get to something. i want to play sound. real quickly, given what you said, he was the only one that voted with the former president, thought his record shouldn't be released and so on. but is that enough for him to recuse himself for anything that has to do with january 6th? >> well, this is the thing, the supreme court doesn't hold itself to the standards of the other courts, the standard is in the low courts is if your spouse has an interest in a case and particularly if your spouse is on the board of an organization that's a party to a case, then the judges are expected to recuse and if it's seen they have some kind of conflict of interest that could cause, you know, an ordinary person who is fair minded to think they couldn't be impartial, they're supposed to recuse but the supreme court doesn't follow the same rules as all the rest of the judges in this country. >> got ya. so justice thomas himself has tried to insist that the court isn't political. this is what he said. this is just last year, jane. >> i think the media makes it sound as though you are just always going right to your personal preference, so if they think you're anti abortion or something personally, they think that's the way you always will come out. they think you're for this or for that. they think you become like a politician. and i think that's a problem to the -- when -- i think you're going to jeopardize any faith in the legal institutions. >> listen, it's always easy to blame the media as you know. the court tries to pride itself on being above politics but is that really the case here when you look at what is happening with judge thomas and his wife? >> you know, justice thomas in that speech was blaming the media as you say but i think in his particular case, the problem is a little closer to home. you know, he needs to talk to his wife about this. and so, you know, i do agree with him on one part of that speech, which it is that it is a problem and you can see it in the polls that the trust and respect for the supreme court is at a historic low right now and part of the reason is when people are asked, they say they think it's just becoming a political just another branch of politics and that is a problem because bewe need to believe the is something called justice and everybody has access to it regardless of their political point of view. >> jane, it is a fascinating article in the new yorker and i hope everyone picks it up and reads it. appreciate you appearing. "is ginni thomas a threat to the supreme court?" have a great weekend. >> thank you for having me. so he meant to say almost, he meant to say all, he meant to say other but he didn't. talking about mitch mcconnell thinking african americans are somehow different than the rest of the people in this country. stay with us. the senate minority leader mitch mcconnell defending himself and his civil rights record after forgetting a word when talking about blockack vot. this is what he said this week. >> what's your message for voters of color without the john lewis votes rights act, they can't vote in the midterm? >> well, the concern is misplaced because if you look at the statistics, african american voters are voting just as high a percentage of as mamericans. >> okay. after that his office told cnn he left out the word other before americans. and today mcconnell sought to clarify but got that missing word wrong again. >> i want to take an opportunity here to address the outrageous mischaracterization of my history and record on voting rights and race relations as a result of inadvertently leaving out the word almost in my comments the other day. >> then at the end of his meeting with reporters, this happened. >> the ochomitted word is all, almost. sorry. >> as the kids say, cringy or just cringe. joining me now, cnn political analyst talu. that's cringe, right? >> yeah, i guess third time is a charm for the senate minority leader. it seems like a slip but people said what he believes, black people, black americans are second class citizens or maybe not qualifying as citizens and for that reason aren't worthy of the kinds of protections democrats are trying to give them when it comes to the vote. we have seen mitch mcconnell and the senate republicans block any attempt to give voters of color to support the act which the supreme court set a decade ago and he's come under fire for his position on that and inability to get the talking point straight over whether or not voters of color should receive that protection really kind of exposes kind of where he's coming from and it's telling that it took him so long to try to clarify where he stands on this issue. >> well, i was going to -- it's kind of otherizing that he hits a nerve for obvious reasons, right? he's otherizing african americans? >> yeah, black voters for deck v -- decades are saying i deserve to be treated equal and that's the struggle of the movements including the push for voting rights including something the biden administration is trying to push for now but having difficulty getting through in part because of the block mcconnell and other republicans put up towards any kinds of actions to expand the voting rights act or additional support for people to vote. one of the things that masahide kobayashi -- mcconnell said is black voters vote at the same right at other americans and shades over the fact it's difficult for voters of color in many instances and states to vote. we've seen the hours long lines people have had to with strand just to cast their ballot and we've seen how difficult that has been and there is push to give people more opportunities to vote providing for early voting and making federal election day a holiday, voters of color and minority voters and people who are lower income have sometimes trouble making it to vote on a day when they're at work. so all of those things are things that mitch mcconnell and republican colleagues blocked and part of the reason he's coming under so much fire for a misstatement that took him quite awhile to clarify. >> mcconnell went on to defend himself saying this. >> i was there for martin luther king's i have a dream speech in the audience. when i was a student at u of l, i helped organize the march on frankfort for state accommodations law. thanks to my role model, senator john sherman cooper, i was actually there when president johnson signed the voting rights act in the capitol in 1965. >> does this defense come across as hallow? >> well, he's talking about things that happened decades and decades ago. black voters and a number of voters of color are wondering what he's done for minorities lately and what he's really done is block movements to expand on some of those things that happened during the civil rights movement and that's part of the reason he's come under so much fire, not what happened in the 1960s but what is happening now and the most recent years where he has the most power he's had in his career. >> thank you so much. appreciate it. this story is just coming into cnn. one police officer dead and another critically injured tonight in new york. the mayor and police commissioner speaking out just moments ago. we're live on the scene right after this. and it's easy to customize your insurance at libertymutual.com so you only pay for what you need. isn't that right limu? limu? limu? sorry, one sec. doug blows several different whistles. doug blows several different whistles. 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[first responder] it's okay. you're safe now. some of my best memories growing up were cooking with mom. so when she moved in with us, a new kitchen became part of our financial plan. ♪ ♪ find a northwestern mutual advisor at nm.com so this is a breaking news i mentioned before the break. new york city police officer killed tonight in a shooting incident, another officer in critical condition. it happen in harlem when the officers responded to a domestic call. a civilian believed to be involved in the incident is also dead. sh shimon is live. hello to you. what happened? >>. >> reporter: so don, horrific situation. two officers responding to a 911 call with a woman in a family dispute with her son. when police got there, this happened just about after 6:00, around 6:15 when police got there they were talking to the mother. the mother said that the son that she was fighting with was in the back room and as police went to the back room, the man opened fire on them shooting two of those officers, one of them sadly has died. he's only 22 years old. don, on the job probably just about a year or so. a second office also shot fighting for his life. he was in surgery and doctors here trying to do everything they can to save his life. but this city and this police department and the mayor are all really from this, the march you a short time ago spoke about this and what that maybes for the city, take a listen to what he said. >> it is our city against the killers. it is our city against the killers. this was just not an attack on three brave officers this was an attack on the city of new york. >>. >> reporter: don, that suspect police say is alive. he was shot and is in surgery, as well. at this point he's still alive. what that moment means for the city is not lost on this mayor. eric adams saying we must save this city together. he was speaking to the nearly 200 officers who are gathered here at the hospital waiting for word on that office. speaking to the officers telling them it's time to save the city. this is not lost. the city has seen four officers shot already this year violence that it has not seen in sometime. people being shot. a child being shot, the mayor talked about that. gun violence in the city not lost on anyone here and the mayor making a point of this and telling the officers we must continue to fight and just quickly, don, the weapon used here is a .45 but had a magazine that could carry as many as 40 bullets. that weapon police say was stolen in baltimore and police obviously are investigating that but the key thing here right now is they're trying to hope and pray that this one officer survives, don. >> yeah, listen, it's only 21 days to the new year. thank you, appreciate it. we'll be right back. ♪ baby got back by sir mix-a-lot ♪ unlimited cashback match... only from discover. if you have this... consider adding this. an aarp medicare supplement insurance plan from unitedhealthcare. medicare supplement plans help by paying some of what medicare doesn't... and let you see any doctor. any specialist. anywhere in the u.s. who accepts medicare patients. so if you have this... consider adding this. call unitedhealthcare today for your free decision guide. ♪ mount everest, the tallest mountain on the face of the earth. keep dreaming. [music: “you can get it if you really want” by jimmy cliff] (music) ♪ i think to myself ♪ ♪ what a wonderful world ♪ . the january 6th select committee has no its possession more than 700 pages of record trump has been trying to hide for months. that includes a draft executive order that