i'm erica hill. welcome to cnn newsroom. >> i'm victor blackwell. breaking news. the january 6 committee just subpoenaed donald trump. this historic move stems from their investigation into the attack on the u.s. capitol. cnn received a copy of the panel's letter and subpoena moments ago. the committee voted unanimously to compel trump to testify under oath and provide documents about his efforts to overturn the 2020 election. >> if the former president fights the subpoena the court battle could outlast the committee's mandate. cnn justice correspondent evan perez and political correspondent sara murray joining us now. evan, what is the committee saying here? >> the subpoena is demanding the former president produce documents by november 4th. this is everything related to his effort to overturn the 2020 election results. they're asking also for him to appear for a deposition on november 14th app nd to provide testimony to the committee. that could go beyond that single day according to the committee. in addition, they sent a letter to the former president explaining what they have found as part of their investigation and why they have taken this extraordinary step. i'll read you just part of that letter signed by bennie thompson and the committee, the chairman of the committee, he says in part, as demonstrated in our hearings we have assembled overwhelming evidence including from dozens of your former appointees and staff that you personally orchestrated and oversaw a multi-part effort to overturn the 2020 election and to obstruct the peaceful transition of power. they point out, victor and erica, that former presidents have of course throughout history appeared and provided testimony to congress despite the fact obviously that this is a highly unusual move. they point out and they say, in short, you were at the center of the first and only effort by any u.s. president to overturn an election and to obstruct the peaceful transition of power, ultimately culminating in a bloody attack on our capitol and on the congress, itself. they point to a number of findings that the committee has found as part of its months' long investigation, including from testimony, former administration officials, people inside the white house, and this is what they say. they accuse the former president of purposely and maliciously disseminating false allegations of fraud related to the 2020 election, attempting to corrupt the justice department, including by soliciting and enlisting department officials to make false statements. again, also pressuring state officials and legislators of course we have seen video and heard audio of the former president telling officials in georgia that he wanted them to find exactly the number of votes that would have delivered him that state, which of course joe biden won and, of course, would have helped him remain in power. >> let's go to sarah now. the committee lays out dates and deadlines here. just explain more of what they're asking for and by when. >> that's right. they lay out this november 4th deadline for these documents and they're asking for a wide array of documents and communications. one of the things that is notable i think from this list is they're asking for instance for records of trump -- calls trump made or also calls that people made on his behalf because we know that trump has sort of this habit of telling aides, get this person on the phone, get this person to talk to me. they're looking for any calls on january 6th. they're looking for any records of communications with members of congress during a certain window of time. you know, they're looking for any documents related to the proud boys, the oathkeepers, other militia groups. they're looking to communications that involve state officials or state lawmakers, getting to what evan was just talking about, efforts to kind of pressure them not to certify the election results. they're also looking for any of these communications involving mike pence. obviously we know in the runnup to january 6th that trump's view of mike pence very much soured and their relationship very much soured. they're looking for any communications that the committee investigation and witnesses, and lastly anything that would involve the destruction of materials, any record of the destruction of documents, which was interesting. so this is a very broad subpoena in terms of what the committee is seeking and a relatively tight deadline in order to produce all of these communications. as evan was saying, they sort of run through all the ways they think donald trump was an active participant in this act of blocking the peaceful transition of power or attempting to. >> active and enactive at some important points as well. sara, evan, stay with us. let's bring in cnn's senior legal analyst and former federal prosecutor elie honig and chief political analyst gloria borger. there are ten bullet points they lay out here, the president's action and as i said inaction in the subpoena summoning tens of thousands of supporters to washington, knowing they were angry and some armed, sending them to the capitol. they go on. your view of how they lay out the case as they send this subpoena? >> victor, this is an accusatory subpoena to be clear and reads quite like a prosecutorial closing argument. they used those bullet points to sum up the arguments they've been making over the past several months through the hearings. they basically get to the bottom line of this was all about you. people acted on your behalf. you lied to the american public. you lied to the courts. you spurred this on. one interesting detail i noted in this letter, the committee actually goes a bit further than they did even in the hearings. they say that while the january 6 attack was happening, when donald trump sent his infamous tweet at 2:24 p.m. attacking vice president mike pence verbally, the committee says, you incited violence with that tweet. that's more than doing nothing. this is an accusatory subpoena. they are trying to establish record. and i think it is a preview of what we will see if the ultimate report that will come out of the committee. >> elie, stay with me for one minute. you call this accusatory. it is very detailed. is it also this detailed in your view because part of that is an attempt to blunt whatever may be coming at them in terms of a legal retort from donald trump's team? >> absolutely. there is an anticipatory angle to this. i think they understand trump will try to deny this and deflect. they put a lot of detail in here, they cite specific conversations he had, specific pieces of witness testimony. the committee lists out certain people they are very interested in getting communications between donald trump and those people, which reads essentially like a roll call of coconspirators according to the committee, from michael flynn, steve bannon, john eastman, jeffrey clark, on down the line. they're definitely anticipating probably correctly some pushback from donald trump here. >> gloria, to you now. the committee lays out here that this is not unprecedented. that they have, the congress has spoken with presidents as a result have received documents as a result of subpoenas. but this is an historic moment. give us the big picture of this moment. >> it is an historic moment, but talking about anticipatory statements from the committee, there is an entire paragraph devoted to what you're talking about. they talk about president roosevelt and how he had to testify and they quote roosevelt in it, saying an ex-president is merely a citizen of the united states, like any other citizen, and it is his plain duty to try to help this committee or respond to its invitation. then they list a number of other former presidents who testified either in office or out of office because they know that donald trump is going to come back and say they're singling me out. i am a victim here. you know. and then the fbi searched mar-a-lago when they had no reason to search mar-a-lago. and on and on and on. so it is anticipatory. it is also very direct about what they want. one other thing i noticed here is that they specifically talk about communications as they usually do, but they mention signal or other means. and then following a list of people starting with roger stone, steve bannon, michael flynn, jeffrey clark, john eastman, etcetera. so it sort of makes me wonder whether they're saying, oh, maybe some of these people were communicating with the president through signal. we don't know. maybe they do. >> when it comes to, evan, communications, for people who are not familiar with signal and why people would want to communicate on signal versus in a text or using something like what's app that people may be more familiar with, just remind us why people might choose signal. >> well, they were trying to avoid having any record of those communications being found on government, for instance, on government systems. the trump administration, let's just say, has a very storied history with this beginning at the start of the administration. there was a crackdown by people in the white house because they knew that white house aides were leaking to reporters using signal and they tried to go through people's phones to see if they were using signal to communicate with reporters. that was one of the first things that happened in the opening months of the trump administration. of course, it did not stop the leaks. it did not stop people from the administration from using it. and so we have seen this repeatedly in some of the communications we've seen used by the justice department in its investigations. we've seen them use, being able to capture signal communications, communications from what's app, because simply put, just because you are using signal doesn't mean you are using it correctly. a lot of people don't realize that sometimes even though it is encrypted there is sometimes a way for those communications to be captured on devices. if the fbi or someone seizes those devices they can still get those communications. that is what the committee is going after. i think one of the things that certainly we know, top officials in the former administration, you know, use all kinds of means to evade. we've seen the justice department recently accuse peter navarro of using personal devices to avoid having communications captured that are on white house devices. so it is a theme that has run through the entire administration and i think that's one of the reasons why the committee goes there in this letter. they're basically just trying to cover all of the bases, all of the ways that people around the former president may have been trying to communicate around this whole effort to overturn the election. >> sara, page three of this letter, in all of the documents that you outlined, that they've asked for, they say that for any document described in this schedule you may make relevant objections in a privilege law. we have known certainly the president to fight everything on either a personal or executive privilege but he has just hired as we reported yesterday on this show harmete dillon, this conservative trial lawyer in anticipation of this subpoena. we know in the document case as well from doj that they've suggested maybe this supervised search of mar-a-lago again. so we'll have to see if they ignore or fight on the lines of this privilege log option of this subpoena >> i think that one of the things we have learned from this steve bannon case today is flat out ignoring a subpoena is not the way that you want to go. probably good that the former president has attorneys that he has tapped to look this over. a privilege log allows you to go through and say here are all these documents. we don't think we should be allowed to hand them over to you because of executive privilege, because of some other kind of privilege. we don't think you should have access to those. by doing that you are at least showing some engagement with the committee and saying we have looked over your subpoena. we are beginning to look through the documents that might be responsive to this and we're saying you do not get to access a number of these. that is also the kind of thing that if you do decide to fight a subpoena like this in court you can show a judge and say look. we made an effort. we started to look through these documents and frankly we don't think the committee should have access to them for x, y, and z reasons. we are talking about a subpoena that is pretty broad. the last item is information to identify any telephone or communications device trump may have used from november of 2020 to january of 2021. not only do they want all of this information from these communication devices, potentially from people he was asking to make calls or send documents on his behalf, but they also want to know exactly what electronics were you using during this time frame. >> hey, guys, real quick, one thing i want to quickly add to what sara just said. donald trump is known, infamous for not using any e-mail, not keeping any records. he tore up anything he wrote notes on. one thing that i think is interesting about this, i believe certainly because the committee has talked to could sees of witnesses and have gathered documents from other people they probably have a lot of the records they're talking about in this letter to donald trump. what they're really after is obviously the testimony and they want to make an effort to get his testimony and get his side and to see if there is anything that they have missed as part of their months' long investigation. they probably know, probably have a very, very good picture of all of these communications already based on, again, months and thousands and hundreds of thousands of pages of documents that they have gotten as part of other subpoenas to other witnesses. >> as i've learned well from elie honig you never go without letting them know. you want to make sure you have your bases covered. stay with us, everybody. we'll have much more to come on this in just a second. also ahead here, a lot of health stories are getting attention. >> cases of respiratory viruses surging among children in the u.s. pediatric hospitals are running out of room. we'll speak with two doctors impacted by the surge, ahead. leader of many, and pet wrangler too. you report to your bososs, every afternoon. so beautiful. so becoming a student again might seemem impossible. hello mi amor. but what if a school could be there for allll of yo? career, family, finances and mental health. well, it can. national university. supporting the whole you. with fidelity income planning, a dedicated advisor can help you grow and protect your wealth. they'll help you create a flexible strategy so you can enjoyhe life you've created. that's the planning effect. from felity. we're carvana the company who vented car 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cooperation with the subpoena. i'm sure whomever typed that smirked as they were keying through it. what are the options next for the former president as he now reads through the request? >> i think that is an optimistic statement there. donald trump has three options here. one, he can comply. he can turn over all the requested documents by november 4th. he can show up to testify on november 14th. important to note what the committee is saying here is you are commanded to show up for a deposition behind closed doors which will be done by our staff and our members. they make a point of noting several of whom are federal former prosecutors, wink, wink. that is option one. unlikely donald trump fully complies. option two is donald trump's team can try to negotiate with the committee and say, well, he'll testify about these topics but not these other topics. we'll give you some documents. in the real world that happens quite frequently. we'll see if they are able to find some agreement here. option number three for donald trump is outright defiance. i refuse. no way. make me. >> one thing that stood out to me when talking about the legal response, talking before the break about how much information is actually in this letter here, there is a note, specifically we were talking about privilege before the break, but it specifically talks about the validity of the asserted privilege saying we recognize the supreme court has ruled former presidents retain the limited ability to assert executive privilege. going on to say, that's qualified. noting the d.c. circuit ex-complained specifically in the case of trump "v" thompson if there is a uniquely compelling need you might have to give up the information, elie. >> yeah. this is what is known as a flex. basically the committee is reminding donald trump, hey, you tried to invoke executive privilege before in a dispute over white house documents with the archives. you lost in the courts. the d.c. circuit as you just said, erica, shot that down. the supreme court refused to take up the case. basically they said, as a former president you have a very limited if any interest in invoking executive privilege. so the committee is reminding donald trump if you want to try to invoke executive privilege here, go ahead. you have to let us know soon. we intend to take it to court. by the way, we had this fight once before. we won. and the courts rejected your executive privilege claim. >> look at what judge carter said yesterday. he went even further and said, you know, there is no privilege in these four documents. if it looks like a crime might have been committed. the committee did not use that as an example because i think they didn't want to push that far. but that has certainly been the record of judge carter in the case of the mar-a-lago documents. >> i was going to come to you on this long list of information they want from signal, from any of these electronic devices. what the committee has shown us over the last several months is that they have so much more than is public, than we're seeing and hearing in these hearings. they might have so much of this already from some other interview or source. >> this goes back to the point evan was making, which is, they have a lot of these communications. and what they're probably doing in a lot of these things is triage. because they may know what was in these conversations. and we've reported, you know, months ago, that it was also donald trump's habit very often to turn to an aide and say, give me your phone. or call so and so. and use that person's phone to have the phone conversation, whether those conversations are on signal, not on signal, you know, whether they were just over the transome, we don't know. so my guess is, as evan was saying, is that they do know what a lot of these conversations were. they do know what was being said but not from the president himself. you know, he often went out of his way to avoid the white house switchboard as we know from january 6th. >> that may be another flex, right, saying, hey. we know these communications happened. we would like to see more of them. >> exactly. >> evan, in this letter the committee mentioned some legislative recommendations. interesting that those were put in there. >> yeah. look, i think that is a prebottle. we've seen this argument in some of the litigation by steve bannon and some of the other people, who have been subpoenaed by this committee. one thing they've argued including by the former president himself, in that litigation over those records that the committee got from the national archives, one of the things they point oud t that they've argued is this committee is a political committee. there are not any republicans that were approved by the leadership of the republicans in the house. and so therefore there is no legitimate, legislative purpose for this committee. obviously they've lost that argument a couple times. but here the committee goes ahead and points it out once more just in case this goes before a different judge and then they say as likely obvious from the topics identified, we are considering multiple legislative recommendations intended to provide further assurance that no future president could succeed at anything even remotely similar to the unlawful steps you took. this is them prebutting what they expect the former president and his legal team to go big on, which is that this is a political committee that has no real purpose. >> we'll be watching for that response, elie honig, gloria borger, evan president, thank you. some of the documents recovered from donald trump's mar-a-lago estate include highly sensitive intelligence regarding china and iran according to new reporting from "the washington post." >> sources tell the paper at least one document has information about iran's missile program. do you have a sense from your sources of just how detailed that information is? >> reporter: well, it is described as pretty detailed to us. you know, these are among the most worrisome things that the fbi has found in the course of its investigation. just because the potential harm of it falling into the wrong hands would be so great. >> "the post" reported sometime back that some of the documents included information about foreign nuclear capabilities. is there any clarity, if these were the iranian related documents, if those are the same? >> that part we still don't know. we don't know if that is also a description that applies to the iranian document or the china documents or something else. there is still a lot to figure out here. i think what is important about this section is it speaks to the severity of potential harm that might have happened if this information had gotten out into the wild. >> and it also, right, brings up the concern that there could still be documents that we heard about, there could still be documents there. it is not just iran. your reporting says other documents described highly sensitive intelligence work aimed at china as well. >> right. and so some of these documents we're told describe intelligence gathering activities targeting china. obviously china is one of the major u.s. adversaries in the world and that relationship is very tense particularly on the intelligence front. if you call back a couple years you'll remember that we recently, our country recently lost a lot of intelligence assets in the china space. and so obviously anything that could cause further damage to our intelligence gathering capability over there is very concerning. >> of course we remember there was a chinese national who was arrested there who was on the property at mar-a-lago at the president's resort. did your source give you any details about what would be jeopardized if these were to fall into the wrong hands, if those sources and methods would be jeopardized? >> reporter: again, what would be at risk would be sensitive intelligence work at china. obviously, if that were exposed, those sources and methods would almost certainly be compromised and to the degree that there could be potential danger to individuals. and so that's important. one other thing that our reporting shows is that a lot of these documents were top level analysis documents. so there has been a lot of concern over human sources being identified in these documents. we're told there aren't even in the most sensitive documents, there aren't many names of individuals. so that is less of a concern. but there is still very, very sensitive information in these documents. >> all right. breaking these details, i thank you for coming on to discuss the reporting with us. >> thank you. ukraine's president warns of a russian plot to destroy a critical hydro electric plant near kherson. we'll speak about the implications with a member of the biden administration just ahead. ... by friday. now let's head over to the tower cam for a - hey! folks, we seem to have a visitor. it 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hydro electric power plant in southern ukraine. he says the russians have the explosives in place to take it out and the move would also flood the kherson region potentially causing cooling issues at the zaporizhzhia power plant. the kremlin says it is all nonsense. joining me now john kirky national security council coordinator for strategic communications. good to see you. we will get to ukraine but i want to get to new reporting from "the washington post," details about some of the classified documents reportedly found according to "post" sources during the fbi search in august, specifically that one of those classified documents describe iran's missile program. others had to do with china. we know the doj thinks there could be more there. what is your level of concern this afternoon in terms of the potential exposure because of these documents and the exposure for the country's national security? >> i want to be careful here, erica, and not get ahead of a justice department investigation so i'll refer all questions like that to the justice department. this is an ongoing investigation and wouldn't be prudent for us to speak to it here from the white house. absent from that discussion, just in general, of course we take the proper treatment of classified and confidential information very, very seriously here. there are protocols in place that are designed specifically not only to protect sensitive information but to protect our ability to continue to collect and analyze that kind of information going forward >> i think i know the answer. i have to ask anyway as you will understand. i wonder whether the white house officials have heard from iran or china or from allies over concerns about what is being reported >> i am not aware of any such discussions as an outgrowth of this press reporting. >> so looking at, if we move on now to iran, there's ban little back and forth today. i know defense secretary austin spoke with his counterpart in russia. this comes after the russian ambassador said, you know, there is really not a channel open here. we have heard from secretary of state blinken who said whenever the u.s. has something important to communicate to russians the u.s. will do it. does a diplomatic channel remain open and how important is that? >> of course. there are many channels open with russia. even down to the fairly low operational level. we still have a deconfliction line set up in europe so that we can properly deconflict operations with respect to nato's eastern flank with russia. of course you saw today the secretary of defense spoke with his counterpart the secretary of state still has an open line of communication with foreign minister lavrov if needed. there are many channels here at various levels throughout our government to continue to communicate with russia. that's important particularly now. particularly now when rhetoric by mr. putin about the potential use of nuclear weapons only could lead to confusion and miscalculations. yes, those channels are open and as you saw this morning we'll use them. >> the uk, france, and germany are now urging the u.n. to investigate iran's transfer of drones to russia saying it violates some security decisions. russia's ambassador to the u.s. has warned if an investigative team was sent into ukraine it would have to, quote, reassess its cooperation with the u.n. secretary general. would you support an investigative team being sent into ukraine to take a look at what may be happening with those drones? >> we just yesterday publicly acknowledged what we know to be a fact that iran did sell drones to russia, that those drones are being used inside ukraine, and the third thing we declassified and talked about yesterday was the fact we know there are iranian individuals in crimea right now as you and i talk, erica, that are providing technical support and training to russian operators to use those drones. so it is a bald fact. it's out there. iran can say what they want and so can russia but it's true. they are on the ground there using their capabilities to help the russians kill more ukrainians and strike at ukrainian infrastructure. >> really quickly before i let you go, retired brigadier general steve anderson on this program earlier this week said he believes american contractors should be on the ground to both operate and maintain some of the systems that the u.s. has put in place. he said he knows this is prohibited but this is in his words, quote, a bridge we need to cross. would that be an option? >> the president has been very clear there won't be any american troops fighting inside ukraine and right now there is no contractual -- >> these are contractors >> i understand, erica. there is no contractual requirements that we're looking at that would put american contractors on the ground in ukraine. we have said, state department has been very clear, this is not the time for american citizens to be in ukraine. if you are, you should 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massachusetts, and a pathologist in chief at texas children's hospital in houston. thank you for being with us. let's start with setting the scene for us at your respective hospitals. how many kids you have in, the percentage of the pediatric beds that are occupied right now. let me start with you. >> thank you for having me. we are the only accredit children's hospital in western massachusetts. this is september and october the likes of which we've never seen. i would say half the patients in our hospital both acute beds and intensive care beds are in with respiratory disease attributed to rsv, and some other respiratory viruses unheard of for this time of year. we have no patients in the hospital with covid. we are almost at capacity. we are really over capacity in our pediatric emergency room. we never saw this during the covid-19 pandemic. >> what does it look like where you are? >> well, texas children's may be a bit different as the integrated delivery system for children in the united states. we have tremendous capacity in terms of bed capacity for children. we are seeing certainly another surge of rsv and plenty of influenza cases in the double digit percent wise, i would say 10% or more of our beds occupied by children with respiratory illnesses. that is a big number for us. and certainly we are dealing with both an influenza a and rsv wave at the moment. >> doctor, what do you think is driving this? because as i understand it, correct me if i'm wrong because clearly i'm not the doctor here but rsv is not something that would typically lead to a child being hospitalized or certainly not in these numbers. >> so certainly not in these numbers. we're used to seeing rsv cause severe respiratory illness in infants and young children in the winter, not in august, september, and october. so, number one, what is unprecedented here is the seasonal variation has been turned upside down. number two, we're seeing kids hospitalized with rhino virus, the common cold. that is really unheard of. we're seeing other respiratory viruses that typically show up in late summer early fall. and most of our kids with respiratory illness are under the age of 2. we've got some older kids in with respiratory disease because they have underlying asthma. it is this unusual seasonal variation and this surge right now that's really unprecedented. why? well, i like to consider that all those infection control strategies have been relaxed. kids are back at school, back in daycare, in sports. they are visiting with friends. nobody is wearing masks anymore. people are not washing their hands as much. so we went for a couple years with really strict infection control strategies which worked, works against covid, worked against other respiratory viruses. now here we are with this surging respiratory virus sort of milieu with no infection control strategies and with kids who have never seen these viruses before if they're under the age of 3. >> doctor, what are the symptoms that are so severe that are requiring this hospitalization that the children have to stay and what are you offering them while they're under your care? >> we need to help them with their young airways as was just mentioned for infants and toddlers. children under 3 years of age. rsv can cause severe illness in the lower respiratory tract and the lungs, severe pneumonia, bronchialitis. the children may present with respiratory distress, difficulty breathing. and of course, that can and should be an alarm for any parent. we can see this disease rapidly progress. children need attention quickly. we have plenty of diagnostic testing capacity. our emergency centers and urgent care centers are very busy but we're doing all we can to see these patients in person, virtually, at more than 100 care locations. we're fortunate in that we can meet the demand, but as you highlighted these symptoms can present acutely in a child coupled with fever, persistently, and difficulty breathing, respiratory symptoms that can progress rapidly. and that's the main issue with respect to hospitalization. we need to get the children diagnosed and get them to supportive care in the hospital. as needed. as quickly as possible. >> doctor, you were talking about the impact of the last couple years. we've all been masked, washing harngsds distancing more. when my kids were little you kind of went through the phase in the beginning of the year where the kids bring home the cold and everybody gets the cold and we would look at it as okay. we're building up their immune system. is that part of the larger issue for especially these older children they just haven't built up immunity or their body isn't used to something like the common cold? >> i think that's probably part of the explanation. i'm not an immunologist or infectious disease expert but that certainly makes sense to me. if you've not been exposed to these viruses now for almost two years and the viruses are surging in your population, then yes. i think you can become very sick. that explanation makes a lot of sense to me. >> doctors, thank you both. a former trump adviser steve bannon getting prison time for refusing to comply with the subpoena issued by the january 6th congressional committee. we'll have more on that, next. nn from unitedhealthcare. medicare supplement plans help by paying some of whwhat 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. ♪ the first time you connected your website and your store was also the first time you realized... we can do anything. cheesecake cookies? 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