it certainly isn't, and as the house republicans continue to investigate hunter biden, the justice department's investigation, including bringing the iris whistleblowers, investigating that, it's going to be a continuing thorn in the side of joe biden as he pursues reelection. >> tell me more about special counsel david weiss and what he might do with these new special counwers? >> he was appointed byr president donald trump in 2017 and confirmed unanimously by e senate, so he was something that the biden administration decided to keep on because he was already independent, not somebody that biden put into place, now with the special counsel powers it means you have additional resources, a budget to bring in additional staff if you want also remove him from the day-to-d oversight of the justice will be able to continue to u invee this as they have been, and also allowed to look into charging any potential crimes in other jurisdictions, he doesn't have to stick in delaware, where the case has gummed up before one judge, he can pursue charges and other jurisdictions, that gives them some of the additional authorities and a report required, garland said he will make that public. >> david weiss has been investigating this for about five years, i think it's a legitimate question, why now, why did he ask just on tuesday for special counsel powers, he had asserted in writing that he had all the power you needed to >> that is the question, that we posed to the justice department officials and we haven't gotten an answer, according to garland, he asked for on tuesday and today in the press conference or statement, garland had said the investigation had reached a stage where special counsel status was necessary, he did not elaborate on what that means and we have not gotten a response on that so far but also in the court filings the prosecutors told a judge today that today was the deadline for him to get back to them, it is unclear how it fits in, certainly there's a lot of questions here on why exactly now, david weiss needs special counsel status, when before he and garland said he had all of the authority he needed to decide when, whether and where to bring charges. >> thank you so much for being on top of that for us. >> deputy assistant attorney general, tom dupree, and let me start with you tom, the special counsel weiss, as a u.s. attorney, he worked on the plea deal that blew up last month, the same ones that a delaware judge said she was not ready to approve because it was confusing and not straightforward, atypical, unprecedented, why would the justice department appoint someone to be special counsel that isn't able to the case wrapped up the first time? >> that's a great question, the special counsel regulations contemplate that, when you point one you will choose someone out side the justice department, that way you can ensure they are untainted and come in with a fresh perspective. i suspect what's going on his merit garland was approached by mr. weiss who said this case is actually going to go to trial now. i may have to file charges in jurisdictions other than delaware. i thought the investigation may have been reaching closure, it's not, still several chapters to be written, and because i have to do additional things i did not contemplate, i want more authority. that is my guess as to why it unfolded, and a great question as to why he wasn't made a special counsel years ago. >> having direct answers on ould be good, some transparency is needed. statement today, saying quote, it is hard to see why he would have proposed such a resolution, if there were other offenses he could have successfully prosecuted, and we are aware of non-. so another question of my many of all these, now special counsel david weiss was ready to basically let hunter off with a slap on the wrist, misdemeanor and a diversion program. and now he wants to be a special counsel? >> yes, again, there questions why this is happening now and questions about what it means if the investigation is continuing with him as a special counsel. the concern always when you are the subject of a special counsel investigation, these things have a way of ballooning, the order of that, saying it was an investigation of hunter biden amongst others announcing a special counsel, he can investigate ongoing investigations and any other matters that have arisen or may arise, so i think is a great question about what does this mean, does this mean we have a lot of investigators that's ahead of us in that he was looking to or just a question of if are going to trial i want to be able to do this in dc or california, and has a special counsel, without having a partner with a bunch of u.s. attorneys. >> that's what -- hunter biden lives now? figure yes. >> the iris whistleblowers, we had a few weeks ago, they testified before congress that the u.s. attorney david weiss had privately complained he did not have the power to charge in any venue and the justice department pushed back on that at the time but today suggest that the whistleblowers were correct. >> it seems to validate the testimony. that would be the number 1 reason why he wanted a special counsel designation, because he knew he needed now to charge hunter biden california and maybe also the district of columbia, he didn't have the authority as he was attorney for delaware, that's why he needed a special counsel's examination, that's why he has been chafing behind the scenes for years saying i want to bring the prosecutions to other states but i can't because merit garland hasn't made me a special counsel. it seemed a little puzzling and perplexing, but it seems to be borne out by today's event. >> yes, the politics of this are unavoidable, joe biden is running for reelection, now there is a special counsel investigating his son, who has already admitted doing things wrong in his book and was ready to do so before a criminal court. >> if you are joe biden right now you would be happy to have the attention on donald trump and his myriad legal problems in various indictment and instead you now have a special counsel when it comes to your son and dealing with a special counsel yourself, still in the middle of investigation that has not shown any sign of wrapping up. it makes it messy, he's the commander-in-chief, so the republicans especially on capitol hill are going to continue to take game and anything that appears to be wrong, any delay between what the justice department is doing now what they've heard from whistleblowers is going to be a constant source of fodder for attack against joe biden. >> tom, this trial, and i can't help but think wow, they should've settled but this trial , might present biting have to testify? >> that is the $64,000 question, my sense is the answer is no if it remains a tax case. if the special counsel comes up empty as to other charges and defendants, it's hard to see how president biden testifies but american history is replete with special counsel investigations that expanded and ballooned, bill clinton ended with monica lewinsky after whitewater, so yes if they start looking at his business dealings and charges arise out of that, i would say there's a very good chance that we see president biden take the witness stand. >> wow, thanks to both of you. how will the special counsel investigation impacted possible impeachment inquiry from the house of representatives, republican congressman ken buck joins me. and then it's all gone, the horror from hawaii fires, as people are allowed back to what once were there homes. e were n. well, my monthly paymentnt did come out lower than expected. financing g my car with carvana was super smooth. 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(announcer) change your life at golo.com. that's golo.com. i got into debt in college, and no matter how much i paid, it followed me everywhere. so i consolidated it into a low-rate personal loan from sofi. get a personal loan with low low fixed rates, and borrow up to $100k. sofi get your money right. ♪ ♪ ♪ ♪ wherever you go. wherever you stay. all you need is one key. earn and use rewards across expedia, hotels.com, and vrbo. talked about feeling as though the investigation into hunter biden was not being pursued the weight needed to be because there was some kind of political interference, and david weiss pushed back on the assertions, saying he had never asked to be a special counsel, i was the on tuesday he did make the request but the argument was, he wanted to set the record straight before the house judiciary committee. so you heard from the house ary mmittee spokesman saying e that they still want to hear frodad weiss, quote we expect the department to fully coope witour investigation, including not interfering with 11 transcribe interviews we have requested, and david weiss upholding his commitment to testify. they are arguing they have not heard anything to the contrary from the department of justice, we have reached out to see if the calculus is changed on their end.>> a lot of democrats telling me it does kind of change the mechanics of whether or not the special counsel can testify about a potential ongoing investigation. that is one of the huge question marks coming out of today and something we expect that house republicans might continue to push on, have a conference wide call to discuss the appropriations process but also the portfolio, you can expect it will come out. >> easier to call a attorney rather than a special counsel. how much might accommodate things republicans who are intent on moving forward on the impeachment inquiry they want to open, targeting president biden? >> if you look at what conservatives are saying in statements, we should note that they are away on congressional recess, they think it emboldens their argument that they have been making, that they think the doj is politicized, hunter biden has not been investigated to the full extent he needed to be, there investigations are making up ground that it will be a dereliction of duty not to continue the investigations, i spoke with one republican today who argued despite the fact they may not be ready to vote for impeachment, they have no concerns about opening and impeachment inquiry, important to mention that kevin mccarthy has been trying to make, they're talking about opening an inquiry but not talking about a formal vote on impeachment, as you note jake, it's important to point out once you open the floodgates it's very hard to pull back members from potentially calling for impeachment at the end of the day. >> thank you so much, colorado republican congressman and member of the committee, ken buck, is david weiss the wrong guy to be special counsel? >> i don't think he is at all, he's a republican appointee, so i don't think he will show bias towards the bias -- the biden administration or hunter biden, having run the u.s. attorney's office, you don't have to get a hold bunch of people to speak, statute of limitations are running and you don't want to blow his statute in order to just get someone else onboard. the allegations of bias were bias regarding the political appointees in the department of justice, they were not to my knowledge allegations that the u.s. attorney was biased at all. >> right but >> mccarthy and the spokesman for jim jordan has said the u.s. attorney and special counsel negotiated the plea deal that was rejected, so he should be the special counsel, it sounds like you don't agree with that. hekker no i don't agree with that, the plea deal was rejected, ambiguity in the plea agreement, as to whether the u.s. attorney's office could continue bring charges in the future. and the toughest decision the special counsel now, charging misdemeanors because there was a plea agreement, this is felony conduct. if the plea agreement has withdrawn, they to make a decision on whether they charge felony tax crimes. and go on those on felony tax crimes, and the agent registration act. >> there could be some questions about getting david weiss to testify, and he still wants him to show up, how do you expect that to work, in the past use attorneys, it's easier to get them to testify than special counsel. >> it's a great question, i think it was today new president and a bad president, special counsel are designed to investigate a very serious case, this might lead to impeachment, the investigative here in the house as a whole to investigate someone and be able to talk about the information gleaned from investigation but i don't think the house judiciary committee wants to interfere with an ongoing investigation that could lead to impeachable information coming forward. i think the best we could possibly hope for is a very narrow scope of a hearing, where the special counsel now would not be crossing the line into discussing issues that are involved in ongoing prosecutions. >> have you seen any hard evidence that president biden broke any laws or did anything wrong in any of this? we've been hearing from the oversight committee chairman james comber talking about investigating the president, but we had attorney general gonzalez on earlier in the city had not seen any evidence of present biden doing anything wrong?>> i have not seen it, you're talking to prosecutor of 25 years, i haven't seen hard evidence. hard evidence is visually listening to a witness, hearing evidence, being able to examine documents, to me we've heard a lot of hearsay from these sources and conjecture on the internet but in terms of hard evidence that joe biden was directing hunter biden and his dishonorable conduct in selling the office of the vice president or receiving money from hunter biden is not regard, there is certainly conjecture as to those issues. the fact that devon archer testified that joe biden was on the phone with many of hunter biden's clients doesn't look good but until we actually have hard evidence of what was discussed and whether hunter biden was directing people -- joe biden was directing people to engage with his son, i think it would be criminal and impeachable, i have not seen hard evidence of that. >> i believe devon archer has said then vice president biden would get on the phone and talk to business associates, they never talked about the business per se, for whatever's that's worth, ken buck, it's always good to see you, thank you. >> thank you. our next guest has weighed challenging joe biden in the primaries, will the special counsel appointment impact his decision, that isis next. myplan from verizon. switch now and they'll g give you nfl sundy ticket from youtubetv, on them. 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>> lots of russians about the special counsel, appointed to investigate his son, as you can be, ignoring the western, that's what you do, and all questions about hunter biden, and personal and carson phillips, good to see you, then considering challenging present biden and the democratic primaries, due to days of illness, to make it more or less likely? and not about me, tried my darndest to deliver to democrats, before today's news and want to the alternative, three candidates in the primary now, and concerns, the numbers are horrific, pulling numbers. wanting the alternative, independence, 73% one alternative and let me just assume that 100% of moderate republican never trappers are saying one alternative we will not or the president. i want to share with everybody, i love joe biden i think he's a man of decency and competency and his record is ordinary, i voted for and how marketed and distributed, i think the world of him, but i believe my job is not duty-bound to the president for my party but to the constitution and country and right now i have great concerns based on the fact that 55% of democrats are saying one to do. i am scared, be the clearing call you will, i said to get it was well, i'm not best positioned to do this, there are ample well-prepared competent people of great character ready to go, and i think if the president would consider passing the torch now, just imagine jake the energy behind a next-generation on the democratic primary stage, perhaps a woman at the top of the ticket in a year in which reproductive rights will be top and center, other than the president thing under indictment and the son of the president we have right now being subject to a special counsel, it's a sad day for america, i don't think the president is corrupt, i want to make it clear but we are duty- bound to investigate to ensure the facts come out and the fact is we don't know word goes, too much risk for democrats take the chance without a backup plan, what we have in reserve is consequential and frightening. >> you are worried that a special counsel probe of hunter biden potentially hurt president biden, not only politically but you said who knows word goes in terms of the splashing on the president himself. >> i really can't imagine that it reaches the present, i think hunter biden, a former addict, unsavory, possibly unethical and possibly illegal, but i don't think it such as the president, but we all know what kind of an era we live in, and it's how people feel. the numbers i shared earlier that are so rent is and frightening for the news of today, if anybody believes it doesn't hurt, you must be living in a different world than i am, and concerns about the democratic is have which meant, working hard to prevent prevent petition, instead pursuing a coronation weekly we did something similar, and 1st term, and raised his hand for the moment, and united states, and mindful, and recognize the consequences of not having a backup, one of the core elements of successful leadership is a succession plan, being sure that there's somebody able and ready to go, i like to present invite people to the primary stage and again not me, i'm her term congress from minnesota, i think i'm able and prepared for the job but her term congress, 60,000 twitter followers, and i have $250,000 my count, there are moderate governors in the heartland.>> who quick >> i tell you what, i've been someone who reaches out to people before i talk about them, that the sum of asked that i don't even reference earnings right now which is a pretty good indicator of how the establishment logs, prevent silence, i'm here to speak i think i'm the only member of the congress, a democrat out of 252 people, giving voice to the majority of democratic voters 80% of independence were saying the exact same thing, that's my job, that's what i'm going to continue to do. >> doing the math on the fly, if i'm wrong, i can only think of 2 democratic governors from the heartland were women, one of whom is from kansas, one of whom is from michigan, are you suggesting that one of them, specifically to take a leap year, grinch -- gretchen whitmer is someone you would like to see through her hat in the ring quick >> i think there about five names, everybody watching probably knows who they are, they are on the bench and have organization and is support and access to the extraordinary amount of money and resources very to mount an incredible primary camp an >> everybody doesn't know who they are, i hate to be rude but as you know, present biden is basically only being challenged by the anti-fax or robert kennedy junior and marianne williamson coming by you, but of course 60,000 twitter followers and $250,000 the bank doesn't exactly sound like you want to enter the race, gavin newsom, gretchen whitmer, jared polis, peter budaj judge, you have not alluded to vice president harris, she certainly is a woman in next in line, do you want all of them to enter the race? >> jake, let me say this, like i said right now the only thing preventing three, four, five, eight of the names you mentioned appearing on the page making their case to democratic voters, the only thing preventing that is we have in common president who essentially within institution around him, the establishment protecting those interests, nobody is willing to step that might affect their future, that's why am the only one doing it, it's not about reelection, is what our country in the age of democracy and doing anything i possibly can to stop donald trump from returning to the white house. in 2016 i woke up the morning after the election, i saw fear in my daughter's eyes first time in my life i promised i would do something, i ran for the the and that the district that had been in republican hands for 60 years because of donald trump, so anyone who thinks i'm trying to undermine democratic chances paving a path for donald trump top if you look carefully what i'm trying to say, it's the opposite. there are about six people repaired, like people with executive experience in legislative experience, and people of good character and confidence he, and turn the page, americans are asking to turn the page and not too late, in six weeks, six months, it might be. it has to be litigated and the conversations have to start right now that is the only thing i'm here to ask, that's my job.>> dean phillips from the land of 10,000 lake,, thank you so much, appreciate your time, a federal judge has issued an order barring for president donald trump speaking of sensitive information, while trump has a right to each, the judge is that right is not absolute, and quite a serious warning from the judge, going to be scrutinizing every word he says and type. >> she said exactly that to the lawyers, the first hearing that both sides or her instead of you other things, primarily the case to trial, justice and politics and justice, donald trump getting a fair trial as a vendor, the jury is not tainted, that comes first, first and most, and the quote from her direct he was the fact , running the political campaign, donald trump currently has to yieldo the administration of justice, if that means he, trump, kant's exact the what they want to say, that is just how it's going to have to be, even the protective order, she did are trump from sharing the information, he's never been. and things like witness, they testify to the grand jury, recordings that the justice department has of the witness interviews are some of those, information from other agents these. and search warrants. >> thank you so much, >> two days ago a community stood here, the pictures we're showing right here, and were going to get a birds eye view next from the deadly hawaii buyeyers. okay. i'll work on that. save 50% on the sleep numberer limited edition smart bed. plus, 36 month financing on select smart beds. shop now only at sleep number. mara, are you sure you don't want -to go bowling with us tonight? 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(fisher investments) yep. we do better when our clients do better. at fisher investments, we're clearly different. in our help lead today, the u.s. supreme court just inserted itself to the opioid crisis. the court blocked a settlement that would've protected the family behind perdue farm pharma, until recently, purdue pharma, which manufactured oxycontin, was controlled by the sackler family. the family withdrew billions of dollars in the company before it filed for bankruptcy. the family had agreed to contribute up to $6 billion to produce reorganization funds on one condition. that the family receive a release from civil liability. but the supreme court order means that the settlement payments to victims are now paused and the court will take up the case and hear oral arguments in december. timing, of course, is everything. it just so happens that basically hours ago, netflix produced premiered a new six episode series called painkiller, which takes a semi- fictionalized book about the opioid crisis and how purdue pharma cashed in on oxycontin at the expense of those who became hooked on the drug. >> purdue is a real company bought by you and arthur. people don't understand. >> but you never brought a drug to market, son. takes a decade, and we've got nothing in the pipeline. it is a dead end. >> we know pain. >> that is for sure. >> we developed ms contin. we understand pain. i understand pain. all of human behavior is essentially comprised of two things. running away from pain and toward pleasure. it is a cycle. pain, pleasure, pain, pleasure, again and again. this circle is our existence. the very essence of what it means to be human, to be alive. but if we place ourselves right there between pain and pleasure, then we have change the world. we finish what arthur started. >> the director of painkiller, one of my favorite directors, peter berg, joins me now. peter, congratulations on the series. it is amazing. i do want to get your reaction to this supreme court order. i know in the production of the show, you worked closely with actual families and actual advocates impacted by the opioid crisis. are you doing anything from them about the supreme court putting settlement on positive? >> first of all, hello, jake, thank you for having me. i've been talking mainly to a very knowledgeable individual named barry meyer, who wrote the book, "pain killer". that are show has used intensely as source material. it is interesting. basically, it really comes down to the sackler's, who have always been very, very good with lawyers and very, very good at sort of hiding the nest egg of money and making little payments that sound kind of big when you read about them, but that really are basically interest payments on their fortune. finally, the supreme court has stepped in and said, hold up, the nest egg is in play, and you thought you were going to be able to make one lump payment, not even a lump payment, but a $6 billion payment over the next two decades and protect your nest egg. not so fast. it is surprising that happened the day our show came out, but i think it is the right thing to do. >> the opening scene in every episode features a real, real life mom who lost a child or an adult child to oxycontin addiction. why did you decide to take this approach and how did you choose the moms? >> well, i mean, we were told by legal that we had to put sort of the standard disclaimer in front of every episode. what you are about to see is based upon facts. some of the facts of been changed, that type of thing. that did not sit so well with me in relationship to perdue pharma and the sackler's. i felt like we were letting them off the hook, so i thought it might be interesting if we could find parents whose children had actually died from opioids and oxycontin specifically. to read the disclaimer then say, okay, what is fiction? what is real? my 23-year-old died of an oxycontin overdose and this is real. we thought that that would kind of set the tone for what we are trying to do with the show. what was particularly alarming is that we set up a call in just the l.a. area, the southern and central l.a. area, to see if there were any parents who had lost children who would be willing to talk. within one day, about 10 hours, we had 80 families. 80, for just this one little area of l.a. who all wanted to come forward and tell their stories. >> unfortunately, there is no shortage of families reeling from this. in your directing career, you took on the saudi royal family in the film, the kingdom. in your writing and directing career, you took on al qaeda, the boston marathon terrorist, and patriots' day. what we make of the fact that are looking at the sackler family? >> i think i better hire some lawyers, jake. you need a bigger lawyer. there has been so much great work done from barry meyer, who i mentioned earlier, to the writers, to the series dope sick, the exxon documentary out now. there have been many films, books, scripted and unscripted, about this war, the opioid war. and i am proud to be part of the team that continues to beat the drum and decision we saw yesterday in the supreme court is validation that it is a drum definitely worth beating. >> it is a powerful show. peter berg, thank you so much. we appreciate your time. >> jake, great to see you, buddy . >> the vote that could help transport and transportation transform transportation. first, wolf blitzer with what is next in "the situation room". >> jake, we are going have much more on the devastating hawaiian wildfires which have already killed at least 55 people. i will be joined here in "the situation room" by the state governor, josh green. we will get his assessment of the conditions on the ground right now in maui and what to expect in the hours and days ahead. all of that much more comingng ahead right at the top of the hour in "t"the situation room" at carvana the first time you connected your godaddy website and your store was also the first time you realized... well, we can do anything. cheesecake cookies? 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(sfx: family screams in background) in our tech lead, robo taxi! in san francisco, you can now hail a cab without a driver. california regulars approved 24/7 operated conditions for two robo taxi companies. what could go wrong? it allows users to request a ride similar to uber or lyft, but with one major difference, there is no one in the front seat. tune in sunday to the state of the union, i will be talking to hawaii senator mazie hirono about the deficit wildfires in her home state. i will also talked republican presidential candidate will heard. and dan goldman. it is 9:00 a.m. and noon eastern on sunday, only on cnn, coverage continues now with wolf blitzer and "the situation room". i will see one sunday morning

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