>> outfront. next we are following several breaking stories this hour, the supreme court agrees to weigh in on whether trump is immune from criminal charges related to january 6, it's the heart of trump's defense. is the doj's case now in trouble, also breaking right now, trump on the hook for $454 million. the clock is ticking because a new york court has just ruled that he cannot get out of putting up the full amount trump is saying he does not have the money, will give all you the details. and inside putin's decision to use nuclear weapons, the financial times tonight, obtaining secret russia intelligence documents showing putin could resort to using nukes just to stop quote aggression. it is a stunning report reporter who broke it will be outfront. so let's go so good evening. >> i'm erin burnett outfront tonight. the breaking news, the supreme court takes up trump's case, the nation's highest court tonight saying justices will hear trump's argument that he has absolute immunity for crimes he allegedly committed in office in the one-page order. just one page. very clear to the point the court writes that this is the key question that they'll answer quote, whether and if so, to what extent does the former president enjoy presidential immunity from criminal prosecution for conduct alleged to involve official acts during his tenure in office look, nothing matters more than this case before the supreme court. now, this is a major decision. this one pages a major decision because the court could have simply said that it would not take up the case and simply let the lower court decision stand. something that would have been totally standard in a case where three judges had ruled unanimously and very narrowly that trump was not immune. but that is not what the supreme court has done tonight. and the bottom line of this ruling that they're going to hear the case means delay. >> the >> supreme court will not even hear the case until the end of april. and that means if the court rules against trump and the justice department's january 6 case against trump goes ahead. it will begin later. it will begin later in every day matters in the countdown to election day, whether they're even as a full trial and a verdict by election day. >> the immunity claim. now before the supreme court is at the core and the heart of the justice department's case against trump. because if trump is immune from prosecution from acts committed while he was president, then jack smith's case is over done. and trump's lawyers have argued that he is immune from smith's criminal charges because even if trump had ordered the military to assassinate a political rival, they say, if he did it while he was president, he couldn't be prosecuted. of course, the three judges in the scathing rebuke from the lower court rejected trump's it's argument. but now the supreme court's nine justices will have the final say and how the justices decide could have a profound impact on this election. former trump white house attorney ty cobb is standing by first though i want to go to evan perez because he's outfront live in washington. evan, we just get this one page. many had expected that the court would just not take this up. right. and just let that lower court decision stand. that's not what they've done. what do you know about why? what do you know about how obviously they took their time to make this decision? >> what do you know? >> right in this order? air and they made clear that they're not making any judgments on the merits of the case. but what we know from this is the fact that it takes five justices to grant this stay, which is something that they did. and that means that there's five justices who at least are trying to help donald trump, or at least agreeing to helped by donald trump more time, which is after all, the entire strategy by the trump campaign and the legal strategy also by the former president, which is to buy time and to delay both of these trials, both of these federal trials till after the november election. and so with the fact that the justices took at least three weeks to make this decision, they could have made this decision and issued this order anytime in the last three weeks, they waited this three weeks and they've decided that they're not going to hear oral arguments, at least for another couple of months it tells us that the effort by the justice department to try to get this case heard as quickly as possible because they said this was in the interests of the public of the nation for this, for this case to go to trial and for a decision to be rendered, it means that that will not happen. time soon. now, it's not impossible. but what it means is that certainly by the analysis of joan biskupic, we're looking at a decision from the supreme court, perhaps in june. and then if you can get a trial restarted, the calendar is extremely crowded. by the time donald trump becomes presumably the republican nominee. we should also note, erin, that the supreme court is also, we're still waiting to hear from them on the 14th amendment challenge in colorado, right >> the ruling by this colorado supreme court so we widely, everyone expects that donald trump will win that case. so at this point, we should point out also that the supreme court had the option, erin, to hear this case if they wanted to take this up when jack smith went to them in december, they decided not to take it up then, but they have now decided that they do want to hear this case >> and that mean putting the beginning timestamp on this of december that you're now looking at arguments not being made until april and a decision in june, according to joan's analysis that is stunning. six month delay. if you look at just that the bottom line of it. >> all right. evan, thank you very much. as evan gets more, we're gonna go to him. i do want to go to ty cobb now, former trump white house lawyer tay look, they could have said let the lower court ruling stand. it was going to ms it was three justices. they took three weeks to say that they're not going to do that. they're actually going to hear this case and decide on the merits. evan laying out that calendar that they could have made that decision in december. this puts a possible you know, decision in june. >> is >> there any way to see this other than as a win for trump in his delay strategy? >> well, i think it's i think it's certainly favorable to trump, whether it's a win. i mean, trump appealed as soon as he could now, it's the issue of would the supreme court take it always haunted everybody and, you know, it was they had to balance two things the interests that the dc circuit identified and getting that case to trial, and whether the opinion from the dc circuit was adequate from the supreme court's view on the issues that they've now asked to be breached. and i think that i think probably the most important signal they gave us as to why they granted cert is in the question presented that you read, is the phrase, to what extent whether and if so, to what extent does a former president enjoy immunity? >> exactly and i think that's where the dc court of appeals opinion is a little bit light not because of any air that they made, but that they basically concluded rightfully so that the allegations in the indictment were way outside of wherever the line is and they didn't draw a clear line. i think it's understandable for supreme court for our supreme court in a case of first impression involving not a but deep foundational principle of the constitution, which is the separation of powers would, would want to take, take a shot at trying to draw that line if they can, before a former president his tribe however, i'm disappointed. i think would have been possible for them to let that case let that opinion stand and we could have gone to trial in advance of the election, which i do think would have been in the interest of the country. but i do think this makes a trial before the election unlikely. >> so i guess that's why i wanted to ask you mean it appears to be that that's the bottom line. that if you're not going to have oral arguments to the week of april 22 joan biskupic was saying that that would mean a possibly a verdict in june. i don't i don't know if you agree with that or not, but but your bottom line is that that would mean you would not get even if that happened and they rule that he is not immune, you would not have a verdict before election day >> that's yeah, that's my well, i mean, so there are some there are some yes, that's that is in essence my view, but there are some variables there. i mean, there is. >> so the justice department policy that >> everybody talks about this so-called 60 day policy, right now, it doesn't really apply in this circumstance. >> that's that's, that's limited to issuing indictments and opening investigations. there's nothing about a trial in an already scheduled case. so it's conceivable that the case could be set for trial in september, could be set for trial following october, could be set for trial immediately after the election. but i think that i think the likelihood is that it's not going to certain certainly in my view, it's not going to go to trial before the election. >> and just to be very clear on this, tie it. if they set a date after the election and he wins, he is able to essentially they ended before the correct. >> that's correct. >> yeah. now, he lived so i mean, he may have to endure the trial. i actually i mean, because you can't eat, you won't have any powers until january 20, so he could he could, he may be forced to endure a trial. i still think that's unlikely >> if he's if he's the nominee and we'll be back up to the supreme court on those issues >> when >> does when does the imposition of the criminal process become too great for president to endure as it only after he takes so the office or immediately after he's elected, i think that would i think there are issues related to that though. i think would further delay the trial >> all right. ty, thank you very much. i appreciate it. my pleasure. and take care. thanks for having me. >> all right. >> good to see you in karen friedman agnifilo is with me the former prosecutor who worked with special counsel jack smith and basil smikle okay. arctic strategist. karen. you hear ty going through the analysis of what this appears to mean that you're not going to get a verdict before election day. that's that seems to be the calendar here that we're now looking at. how do you even respond to this and what you see from the supreme court >> i mean, look, jack smith predicted this possibility, which is why he tried to leap frog the dc circuit and go straight to the supreme court. if you recall? yeah. >> yes. exactly. and he said, okay, this isn't important issue and timing matters here because if this doesn't go before the election, it might not ever go if donald trump wins the presidency because he appoints the new attorney general who could dismiss the case. he will pardon himself and the thousands and other. he will call patriots who have been prosecuted and convicted for january 6. that includes people like enrique tarrio and stewart rhodes. and the case will go away and so in some ways, the supreme court knew that, and yet they sent it to the dc circuit and said, no, i want them to opine first. but now what they're saying is either they disagree or they changed their mind. i just don't understand why we had to go through this if we were going to go here to begin with because this really means no trial before the election other than the manhattan da case, which was has been widely stated, that is the least serious of the mall, but now it's really the only case that will likely go before the election. >> that's alvin bragg and the hush money payment to stormy daniels, karen, just a quick follow here to make a point, we won't ever know right. how the court voted on this. we knew they needed a majority to decide to take the case up. but we have no we don't know what they had unanimity. we don't know if it was on i don't want to use the word party lines, but on liberal and conservative lines, we're not gonna know that right? >> that's correct. we don't know and we won't know. >> but >> but at least five people on the court, at least five justices want to hear one here. this case. and the timing though of this is really makes it so that that case will not go before the election. that's that's that's i think my opinion and many other people who i've spoken to since this came down literally, i think two hours ago. >> exactly. so basil have you had time to process that? i mean, does this mean that democrats have to stop hoping on a trial and a verdict that could eliminate trump even in the eyes of voters, right? who have said that a conviction could mean would massively change things up in terms of how they see trump. does this mean that democrats have to just essentially give that up? >> well, it does change the strategy, right? because i my concern has always been that as these trials continue, that it was going to be difficult for democrats. they help voters weed through the legal ease. as we continue to talk about what, what, what's happening in the court and how close we are getting some kind of some kind of verdict or answer about how trump, if at all, would be held accountable. so this just continues the timeframe. where is i should say it expands the timeframe in which democrats is still going to have to continue to talk about what's happening, why donald trump is under investigation? patient, by the way, pointing out that all of the folks who heard adam schiff say this earlier, that all of the folks who actually stormed the capitol face justice. or if or a good amount of them have already faced justice. it's the leadership, it's the people who are pulling the strings that have yet to face that justice. and i think that's an important point that democrats can need to continue to hammer home. and i'll just make this quick point i think i was on this very network, erin, in 2016 when the comey letter dropped. so i have a very healthy understanding of how important information when it comes out close to election can affect the outcome. so that's what's so concerning about this, that as has been said before, we could have had some kind of decision on this. a lot earlier if you are concerned that the supreme court is being political, this just gave you additional fuel for that concern. >> all right. thank you both very much. i appreciate it. >> next, we do have >> more breaking news and illinois judge has just ruled to remove trump from the state's ballot. that is a surprise move in the context of all of this, we are live with the latest details that was on that next. plus today, hunter biden just wrapping up his testimony behind closed doors, president's son grilled for more than six hours, even though republicans admit that their efforts let's to impeach president biden are falling apart and alexey navalny's wife warning her husband's memorial service could turn violent if putin tries to stop his supporters from showing up live to moscow tonight >> shingles some describe it as an intense burning sensation or an unbearable h. this painful, blistering rash can disrupt your life for weeks and could make it hard to be there for your loved ones. shingles could also lead to serious complications that can last for years. if you're over 50, the virus that causes shingles is likely already the inside you. and as you age, your risk of developing shingles increases weight. asked her, dr. or pharmacist about shingles today? >> i'd run in a juror maxxpro gene with 30 grams of protein. those who tried me felt more energy in just two weeks here, i'll take back in max protein, 30 grams protein one prim sugar, 25 vitamins and minerals, and a new fiber blend with a prebiotic. >> the two most disliked politicians in america, trump and biden both are consumed by chaos negativity, and grievances of the past. the better choice for a better america >> nikki haley, i have a different style and approach i'll fix our economy close our border, and strengthen the cause of freedom we need a new generation of conservative leadership to get it done. i'm nikki haley haley and i approve this message. >> chris came to turbotax because i switch gears from delivering part-time to streaming full time. >> so i made their moves count filing with 100% accuracy and guaranteeing their maximum refund intuit's turbotax >> want to know is more than just my arm but think that's why i use secret whole body deodorant everywhere for out of five gynecologist would recommend whole body deodorant, which gives you 72 hour odor doesn't ms a. meeting and can regain his lunch break. try now for free visit otter.ai. ai or down while the app anderson cooper 360 tonight at eight on cnn >> all right, more breaking news and illinois judge has just ruled that donald trump should be kicked off the ballot in the state. the judge there in illinois writing that trump is not eligible to be on the ballot because of his actions on january 6 that makes illinois the third state, along with colorado and maine, to use the 14th amendment's insurrection ban to remove trump from the ballot of course, that 14th amendment case in colorado is in front of the supreme court as i speak, waiting for a decision, katelyn polantz is outfront with more on this breaking news and kaitlan, the thing about illinois is worsening talking about a major decision on immunity from the supreme court, an out of left field comes this ruling from illinois. this is a surprise move. what is the illinois judge saying? >> it is? this is about donald trump and his >> ability to be on the ballot as a candidate because of what he did in the 2020 election after that election. and on january 6, this judge, in cook county, illinois is writing quite clearly her decision here that the illinois state >> board of election shall remove donald j. trump from the ballot for the general primary. election on march 19th, upcoming in a couple of weeks or cause any votes cast for him to be suppressed. now there's some things in this decision today that are going to put that on hold initially. but erin, it's quite a clear decision and this decision from illinois, it hops on board of what the colorado the supreme court has already done and said that case that now is up at the us supreme court where colorado was that state through the court system, looked at the evidence around january 6, and deemed donald trump to be an insurrectionist and someone ineligible to be on the ballot for president. illinois says exactly this same thing here. >> okay, so now illinois coming, and as i said, in a surprise move saying this as this the broader question about the 14th amendment's in front of the supreme court. so what does this mean for that? what happens next? kaitlan? >> aaron donald trump's team is going to need to move quickly to appeal that is the first thing that's laid out here. they have two days as according to this order to get everything paused, having him removed from the ballot are having votes in the march 19 primary not counted for him? so they got to go to the appeals court in illinois for two days. the state is going to continue to look at it and then so much is at stake at the us supreme court. they already are looking at what colorado did to remove him from on the ballot, how that could also affect the third state that has removed trump from the ballot, maine that wasn't in a judicial proceeding. that was by the people who oversee the elections. there but the us supreme court is ultimately going to have to come down on, is this something that states even can do in their primary elections? and would someone like donald trump potentially qualify is the office of the press? hesitancy, something that is applicable when you're looking at the insurrectionist clause of the us constitution. so all of that is at stake here in this decision. it's not on hold waiting for the us supreme court to rule so if they take a very long time and the illinois state courts say no, he can be removed from the ballot. then that may be it. as far as their primary goes, but there is going to be all eyes on the supreme court and what they do and how quickly they do it to erin. >> all right. thank you very much. kaitlan. i appreciate it. with all of this breaking developments. i want to go now to eric swalwell, democratic congressman of course, from the state of california, congressman. this decision first here that just came out of illinois was completely unexpected. today. so now you've got three states banning trump from being on the ballot. the colorado cases in front of the supreme court, they have yet to make a decision are you surprised to hear this decision from the judge in illinois? >> knowing the facts of the case, erin and having been on the floor when donald trump incited and aimed the mob that pause the counting of the vote and led to the the i'm not surprised that a judge would find that he's disqualified because he committed insurrection, which of course the constitution says, if you do that you can't be on the ballot aaron. i don't know if your viewers know this, but i was the >> we can have for democracy, but a plain reading of the constitution suggests that if you've committed direction and it seems pretty clear that he did that, you can't be on the ballot. and so i look forward to our supreme court resolving it. and however they decide i will accept that. and we'll move to november so they're going to decide that. and there had been some congressmen and obviously you as being on the dish sherry committee, as you say, testifying in the colorado case, attorney yourself some had thought that they would pair the two decisions that they would come out and maybe unanimously say that trump actually should be allowed to be on the ballot and put that to the voters. therefore in colorado, and at the same time, say, you know what, we don't need to hear the immunity case. we're going to let those three judges decision that trump is not immune from criminal prosecution stand, and we're going to let jack smith's case go ahead. they've not done that. >> right? they've they've chosen not to do that. they took three weeks to make a decision in the immunity case, and now they're not hearing oral arguments till april 20 seconds it appears very clear on the calendar that were being given that that means that there will not be a verdict in the january 6th case before election day. have you had a chance to process this >> yes. and what this all tells me is that our system, our constitutional rule of law, was not built for a legal terrorists like donald trump. he is a professional litigant. he has been a part of thousands of cases and he knows all of the tactics of delay, delay, delay. and we're just not built to respond to someone who threatens our constitution, our democracy, our rule of law but we have to accept whatever outcome, but that doesn't mean we're helpless to try and legislate and make sure in the future, we're more responsive. so if there's an issue around the 14th amendment and the process in place now, we should anticipate that someone may come along and try and do this again and put a process that's better and put that process in place. adam schiff, my colleague on the judiciary committee yeah. go ahead >> sorry. that might've might've been something else that you were hearing, but i do want to ask you something else, congressman, and that is about where you spent your day today. i mean, there's so many developments here tonight. you're breaking news. a hunter biden, president biden son emerged he had six hours of testifying behind closed doors, right? he was forced by republicans to sit for a deposition. this was all part of the republican led efforts to impeach president biden. republicans are now admitting that that effort is not moving forward. but you were there today, you are behind the closed doors for those six hours. what did you learn? >> nothing new. in fact, this is the end of the impeachment effort. i saw the time of death today because they have nothing. and i would be surprised that they brought this forward, but don't take that from me, erin. take that from someone who was in the room on the republican side? darryl eissa described it as a big nothing and so it's time to fund the government fund ukraine, the needs in the middle east, and take on the issues at the border and what people really care about and what matter. but there's nothing new here, just a continuation of not accepting joe biden as the president and cruelly trying to go after a son all right. thank you very much, congressman swalwell. i appreciate your time. >> no worries. thank you. right. thank you. >> next, our breaking news coverage continues. a judge ruling that trump has to come up with the $454 million from his civil fraud trial. trump was trying to avoid putting it out. he says he does not have the money. >> more details on that >> and biden's doctors tonight? i have come out and said he had a physical today and that the president is fit for duty. but there was no cognitive test why you'll hear what the white house is saying >> democracy will win and what happens in tennessee is going to happen in nearly any red controlled state. >> sunday, van jones it's home. >> well, i love chair a long time ago, coming back and said, very different place to find out what is driving the divide in tennessee politics >> the only person that dr. we count on to protect myself from my loved ones gives me there has been a very active 20 to 30 year effort to separate us >> the whole story with anderson cooper sunday at eight on cnn >> dot, holding me back only your ambitions all in one. low fixed rates borrow up to 100 k, no fees 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alice down i got back to my roots, we've come from a long ladder, calvin my grandfather, my great grandfather, my aren't being rode horses when i see all of us at illinois ranch i see how far our legacy can go. >> why choose asleep ever smart at, can keep me warm when i'm cold? >> wait, no, i'm always hot >> number. does that now save up to $1,000 since the wechsler number smartphones plus special financing shop. now let's sleep number.com. >> i kept my one-bar tide did almost 61 large loads has a lot more closed for one model tides more concentrated cleans, so little goes a long way. >> maybe we don'$500 call or go now to request your free quote i'm eva mckend in washington, and this is cnn >> welcome back. a lot of breaking developments tonight in and i'll trump legal cases and new york appeals court just ruling the trump must pay the full $454 million to cover the verdict in the trump org fraud trial, rejecting an appeal by trump today to only post $100 trump arguing that it is quote, impossible to pay the full amount in fact, trump's lawyers actually have gone into a court in a court filing and saying that trump could have to sell some of his properties to come up with the money. i'll keep in mind that he had said that he had liquid assets that exceed the $454 million. so this would seem to indicate he only had a quarter of what he said he had outfront. now, harry sandick, former assistant us attorney for the southern district of new york, and jonathan greenberg and investigative journalist for the washington post, who has covered trump's finances for years and says trump lied to him when he worked at forbes to get on the forbes 400 lists. so you are front on the front of all of those allegations of that that he made about what he really they had. >> all right. glad that both of you with me. so harry here he is admitting that he doesn't have what he says yet. >> yeah. he's in he's in some real trouble now, what the appeals court did today was to say, look, you're appealing the case. you'll get one day to have your day in court on the appeal. but in the meantime, you're going to have to comply with parts of the job judgment. and one of the parts of the judge said he was going to have to comply with the payment of the $454 million just standard in the case like this, right. that you would have to do that. absolutely. you can either pay it or you can get a bond and, there are some issues with getting a bond, but you have to essentially put something up. you can't just say to the court, trust me hey, i'll be good for this money that's just not how it works for him or for anyone. >> right. so he's being treated just like everybody else that's right. so jonathan, you know, i know you're not surprised by the situation, probably the outcome here. we had said he had liquid assets up to $600 now he says only 100 million so looking at the properties that he has and they say they may have to sell oldham doral, bloomberg visit $305,000,000.40 wall street, nearly 300 mar-a-lago, nearly a quarter billion dollars. do you really think, jonathan, that trump will be forced to sell any of these properties to come up with the money by the deadline next month and i will point out, but a sale of a property like any of those in a month is you know, that that is an unprecedented thing >> yeah, it is a fire sale and it is a fire sale is taking place with interest rates almost tripled what they were three years ago. so a lot of the cash flow that forbes and others have estimated these properties are worth and i'm turning up are based upon an assessment that is probably dated and a cash flow that doesn't exist today. i do believe that he's going to be forced to come up with money, but my sense is erin is that he is going to push this too. he's going to make them make him do it. he his whole career has been a shelter game of avoiding accountability and he is going to it's going to be much harder for the courts to sell and sell this property and take longer than him coming in. so he is not going to cooperate in my view. i do not see him selling the properties and coming up with this. i see him saying, how dare are you make me do this i'm not that i don't i don't operate like this. and you can't make me and i'm going to appeal it and you're going to lose and you can't make me. like a child basically refusing to okay. >> which is just to harry to exploration point on that that's incredible to hear, right? because this, this exactly strengthens describing it like a child. but this is reality. this is a court, this is the rule of law. this is how it works in this country. yes, it's possible that he can just be like, oh, well, it just doesn't apply to me, like me. >> i don't think that'll happen. one of three things i think will happen. one of them is what we were just discussing. he'll say, i'm not not going to post the bond in which case the attorney general will have to start a series of lawsuits to essentially collect on the judgment by taking his properties, but that takes time and it takes the leg effort. if you're the attorney general, that's not really what you want to do. you would rather him post the bond with a normal the way any normal corporation or person would. but the ban companies may not want to do that. they may view him as a credit risk. >> wow so, so then what happens? >> well, either he gets a bond or he pays the money himself, or the attorney general will levy against his property. the other possibility is there could be some mall delay, either from a court or the attorney general at that one, that delay won't take him to the end of the appeal, which could be months away. >> all right. so he plays the delay the delay game here. >> jonathan, you know what's interesting. you talk about trump's net worth and how he you say lied to you about it over the years, he actually called you in the famous john baron call, right when he falsely claimed that donald trump own all of his father's assets he was trying to inflate his net worth to make the forbes 400 lists. so that's the context of this conversation that you had this guy, john baron, calls you. let me play it once you first name, then it must have been consolidated to mr. trump because >> you have down fred trump and i'd like to talk to you after record if i can just make your thing easier if you can really use donald trump now and you can consider that somebody showed me the article and i think get 200.200 and really it's been pretty well consolidated now for the most 200.200 is 400. >> so >> i mean, we know everyone who would know that's his voice as well before ai >> so >> you knew it was him, you knew that it was this was pretending i did not know. no one has ever tried this before. nobody else ever gained us. no one would pose as their pr person suggesting they're going to tell you what the truth was about their the relationship between them and who in fact, trump didn't have any of his father's assets until 12 years later when his father die i mean, he literally had zero he was worth less than $10 when we put him up there at 400 million >> he is he >> is he and i also want to say in 1980, 90 sent a letter to forbes that i thought was really interesting and trying to inflate his net worth before he went bankrupt when he was actually banker saying he had 700 million and marketable securities. that's very similar to the 400 million that he told the court in his deposition or 600 million, he claimed to have right now or believed he had in that case, that was money that flowed through his account for one week to finance in junk bonds, the taj mahal hotel. so he had an account i'm literally write a letter about them like was there that one week even though it was never there again. and so i think the 400 million everyone says, well, wait, i thought he had 400 million. he never had it to begin with. it was working capital for loans and stuff and fiction, but i do want to say that i do think letitia james and the new york state court we'll take his hundred million dollars in cash. the first thing they will do is take all the liquid assets. and because this is in receivership right now and carefully, he he's not going to be able to funnel out. so they'll get that hundred million first and that will be the beginning of the other guy just wanted to say, it's going to take time to collect and it's going to tremendous ego collapse because he is probably not a billionaire and it's he's been avoiding the transparency around his fraud until now. and this will likely bring that about. >> all right. thank you both very much. i appreciate it, jonathan, harry next, we now have the results so president biden's physical today, just coming out and his dr. saying biden is healthy, active, robust, and fit for duty. but there is something that stands out to dr. reiner. he'll be next. plus leaked russian intelligence documents reveal putin can resort to using a nuclear weapon happened just to make 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infection, and headache may occur >> clear skin, movie night is a groovy night live in the moment. >> asked your dr. about oh, tesla, meet noodles. >> she's barred short hair >> and part ninja. >> meet the bissell cross wave hydro of steam. it's part vacuum. mom steamer and ninja nemesis this'll a new breed of clean >> vegas is of sensitive. sunday at ten on cnn >> and we've got more breaking news tonight. this is just the kind of night it is. >> the white >> house releasing >> just now, the results of president biden's physical exam now the president's dr. wrote in they report that biden is quote, healthy, active robust, and continued to say that he is quote, fit for duty. noting that the president's gate remained stiff. again here i'm quoting, but has not worsened since last year. blaming that stiffness on quote, degenerative wear and tear of his spine now, all of that is very clear, black and white and very clear. but one thing that was not in the report was a cognitive test. the white house says the dr. decided biden did not need one outfront. now, dr. jonathan reiner, cnn medical analyst, who advise the white house medical team under president george w bush. so you've been in these situations before of how to handle this information, these physicals on their release, you've looked at this report by the president's longtime dr. a. dr. by the name of kevin o'connor. i know you know him well, what stands out to you, dr. reiner? >> well first of all, it's a incredibly comprehensive report. it involved about ten consultants it's the kind of massive evaluation that the white house has really good at doing. and overall, it speaks to the stability of the president compared to his evaluation last year the one change is that he now is being treated for sleep apnea very common disorder. a lot of people know somebody who uses a machine at night to provide the sort of positive airway pressure to keep you basically from waking up multiple times during the night and and dr. o'connor reported that the president is now using that but obviously, you know, the, the one element that is not in the report is sort of the much discussed cognitive exam. but i've known kevin, dr. o'connor for over 15 years and before he came to the white house, he was a delta force army dr. and he can not be bullied. and i know kevin and if he doesn't feel like a cognitive exam is warranted, doesn't matter how many people yell in his ear. he will not he will not do that. >> the converse is also true. if he if he felt that a cognitive exam was warranted no number of political consultants screaming at him would dissuade him from doing it. so my strong suspicion is that he did not perform a cognitive exam because he did not believe the president needed it, which is exactly what they said. well, i mean so >> you know, you got abc poll saying 86% of voters say he's too old to serve another term. obviously, when you read through what was put out by this dr. it doesn't support that. >> i mean right. i mean, even with the gate acknowledging, yes. it's stiff, >> reason to do, to do an exam. and there's a political reason. the presence physician doesn't see him twice a year like like i see a patient. he sees them every single day. he position he positions himself every morning in a way that he can walk with the president and talked him for a few minutes. so that gives him a very sort of continuous evaluation of the president and dr. conner apparently felt there was absolutely no indication either either his own observation or that up from the president. but the other reason to do a cognitive exam, which has nothing to do with medicine is political yeah. >> and >> maybe i would have done that just to quell the shouting and two, basically just take that off the table. but kevin again is sticking to the medicine. so he didn't do it i'm not sure i would have necessarily follow that path, but i respect him forced to sticking to his guns >> all right. well, dr. reiner, i appreciate your time. thank you. it's great to see you. >> thank you. >> next, leaked classified documents coming from russia. these are leaked documents and they tonight reveal what gives putin be okay to use a new nuclear weapon. >> and the >> reasons are chilling the bars a lot lower than people when it thought reporter who broke the story is next, plus alexei navalny is wife with were in moscow okay. everyone, our mission is to provide complete balanced nutrition or strength and energy >> ensure with 27 vitamins and minerals, nutrients for immune health, and ensure complete with 30 grams of protein the pandemic reminded us of how important diet is to help. that's why the ajinomoto group is committed to solving health issues around the world at the dinner table, a real solution means never settling for less for marijuana. >> behold pumpkin now, hello. pomeroy, lubanga, japan. that pomeroy by progress progress or capacity, a soldiering put two inch ms get him school so that item ecl 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never know when it's going to be a weather tech day, perfect weather today. >> everyone sees >> meanwhile at a vrbo when other vacation rentals are just for likes try one, you'llping and be ready for monday, sign up for free, visit otter.ai, ai or download the app anderson cooper 360 >> next on cnn >> tonight, leaked russian military files show just how quickly putin would resort to using tactical nuclear weapons. the financial times has obtained highly secretive phosphide russian intelligence showing putin's eagerness to use nuclear weapon even over non-essential matters. the documents show that russia would use the devastating weapons simply to stop, quote, aggression. >> as >> russia defines it, outfront. now the reporter who broke the story, max seddon, the moscow bureau chief for the financial times, and max, i'm really glad to see you again. look, it's an alarming report at and you've seen these documents. so what more can you share about putin's threshold to use a tactical nuclear weapon >> well, so the way that russia that defines the criteria which it might use nuclear weapons, that's either in response to being doing targeted or if the existence of the state is at threat and they've never really said what that means and what you see from these documents that the we managed to look at is really that is terrifyingly low it. so basically if russia doesn't feel that they've won the first stage of any sort of conflict with major power than they might use tactical nuclear weapons to do what they call sober eyes or scare the adversary into stopping their, their attack on russia. so it's basically giving the bloody nose and the first stage of a conflict that might be enough and they've trained their military in some scenarios to potentially be ready for putin to give that order so when you went through some of the scenarios that could trigger the use of nuclear weapons. you know, you said someone invades russia, okay, fine. but then there's other things you report on. again in these documents that you obtained that they could use nukes to quote, stop aggression or even in the instance max, you report to make russia's navy, quote, more effective i mean, talk about a subjective thing and what appears to be an incredibly low bar well the real the real bar is either higher or lower than that because something that these documents make make clear, this is >> also something that's that russia doesn't hide the sole authority for ordering a nuclear strike deal with a smaller tactical nuclear weapon or a larger strategic one that belongs to vladimir putin alone, that and what we see is that he could, to order something at the low threshold that is described in the documents that we saw. but he could do that and even lower threshold or the higher threshold and this has been an issue ever, ever since the full-scale invasion of ukraine started to two years ago, is that it's very hard to get into putin's head. we don't really know what, what he's thinking. and that has been something that has really given, given pause to western powers in arming ukraine because the worry is that with these thresholds that the putin could suddenly decide that a line has been crossed. and then it might be too late, right? >> that the absolute authority what do you that he has the absolute power max, in some senses, countries prepare for a lot of things that seem counterintuitive or that might be surprising. and maybe this goes in that category, but nonetheless, i know the documents that you obtained shows scenarios of an invasion of russia by china. china, obviously huge partner for russia right now and providing a lot of weaponry and support for putin's war in ukraine. but yet in the document, you see plans for what they would do if invaded by china what do you read into that >> well, i think i think we have to be clear that the these documents they date from 2008 to 2014, and especially since siji and pink took power in 2012, russia and china have become much, much closer. the russians abandoned some of the skepticism on military side. there is some military cooperation is still still comparatively limited, but even if it's hard to picture a chinese invasion of russia right now, it's quite clear that you speak to experts who, who study the russian military and you compare these exercises to exercises that we know the russian military still does. they still view china as a threat? otherwise, they wouldn't store nuclear, nuclear weapons have, have units in the far east, trying just as recently as november, they had an exercise near and near the chinese border with missiles that can only hit china. you don't have to be a rocket scientists to work out what the threat they're training for. there's all right. well, max, thank you so much. i appreciate it. obviously, you staying up late and sharing that. i hope i want to read the full story is really incredible reporting. >> thank you. >> thanks so much >> and also tonight, alexey navalny's funeral, it will be friday at a cemetery in moscow, according to his spokesperson. now, yulia navalnaya, who has not shied away from the spotlight and the 12 days since her husband's death is warning that the memorial service could turn violent if police cracked down on attendees. matthew chance is outfront tonight in moscow >> the full europe's parliament. the widow of alexey navalny is continuing his stan urging lawmakers to treat the kremlin as a criminal gang, to investigate its financial dealings and punish the financier's. employees. >> you cannot hurt putin with nausea, resolution or another set of sanctions that is no different from the previous ones. you cannot defeat him by thinking he's a man of principle who had it's morals and druze she is not like that. and alex alexiy realize that a long time ago the kremlin is yet to comment on the remarks. but tonight russia's president, he's paying his last respects. but not to alexey navalny >> this the funeral of a loyal >> supreme court judge who passed away last week navalny's team, say the burial of the late opposition leader will take place on friday, amid a struggle to find a venue. and putin is unlikely to attend nor are his bereaved family. yulia navalnaya has already been threatened with jail on pro-kremlin media and even laying her husband to rest on friday. she told the eu parliament may provoke a crackdown. >> the funeral will take place the day after tomorrow. and i'm not sure yet whether it will be peaceful or whether police will arrest those who have come to say goodbye to my husband >> who ready human rights groups say hundreds have been detained across russia at makeshift memorials set up after navalny's sudden death in an a torus >> from the outside world and denied visits, phone calls, and then even letters and then they killed him even after that, they abused his body and abused his mother >> denies the allegations of wrongdoing and any responsibility for navalny is death the kremlin. meanwhile, western ambassadors have been remembering the loss of another russian opposition leader, not the valley, but boris nemtsov gun down here back in 2015, the kremlin denies any involvement in this killing two but anyone what aaron it's still unclear tonight where in moscow exactly alexei navalny will be varied. the funeral service is being held at a church in the area of the russian capital where the late opposite session leader lived. but the valleys team say that under pressure now to move the burial to a different more private cemetery where the general public can be more easily kept away. aaron, back to you. >> matthew. thank you very much. and thanks to all of you for being with us as always ac