that ruling came down hours after new york's attorney general hit the former president with a lawsuit accusing him, his family, their firm of years of fraud. now, in the mar-a-lago documents case the appeals court ruled the doj can now resume its review of classified documents seized from trump's home, and that overturns an earlier ruling that had paused the criminal investigation. let's go to cnn's jessica schneider. jessica, the appellate court, they had problems, several problems with arguments from the trump attorneys. >> yeah, they did. and this is a unanimous three-judge panel including two trump appointees. and they really did, victor, seem to take down the arguments from trump's legal team on every level. so the first thing they did is they said that by not allowing doj to incorporate these 100 classified documents into the criminal review the court said in their words it would impose real and significant harm on the united states and on the public since as the doj said they were working with the fbi hand in hand with intelligence officials to determine any possible risk to national security from this material being kept at mar-a-lago unsecured for such a long time. so that was the first thing. and then the judges also blasted trump's really unfounded claims that he declassified everything. so they wrote in their opinion this. they said, "plaintiff suggests that he may have declassified these documents when he was president, but the record contains no evidence that any of these records were declassified. and before the special master plaintiff resisted providing any evidence that he had declassified any of these documents." so really blasting the president and his repeated claims, unfounded, that he declassified everything. and also, victor, the ruling also talks about the special master's involvement in all this. it makes clear that he is now restricted along with trump's attorneys from gaining access to any of this classified material. that was a sharp turn from what the lower court judge had said. and she was actually forced to amend her original order today. so definitely a victory for what doj wanted here. but, victor, it's very likely that trump's team would appeal and that would actually put it before the supreme court. we could see that at any point now. >> all right. we'll look ahead to that next step. let's switch to another trump investigation. this is the house 1-6 investigation into the attack on the capitol. we know now that the members of the committee will get to speak with supreme court justice clarence thomas's wife, ginni thomas? >> that's right. so this is actually coming from our jamie gangel. she's learned from a source that ginni thomas has in fact come to this agreement with the committee. she'll be interviewed at some point in the next few weeks. and this is a victory for the committee because they've had a lot of questions for the wife of justice clarence thomas. in particular, we've reported on this extensively as well, you know, text messages that ginni thomas had sent to trump's chief of staff, mark meadows, before january 6th encouraging an overturning of the election. also the fact that e-mails surfaced where ginni thomas seems to be encouraging state lawmakers in wisconsin and arizona to overturn biden's win in their states. so she'll talk with the committee. her lawyer previously said that there is nothing to uncover here. this is the statement that he put out last night. "as she has said from the outset, mrs. thomas is eager to answer the committee's questions to clear up any misconceptions about her work relating to the 2020 election. she looks forward to that opportunity." so they'll be talking with her at some point in the next few weeks. and of course, victor, this comes as the committee is preparing to present what could be their last hearing. 1:00 p.m. next wednesday. victor? >> jessica schneider for us in washington. thank you. joining me now is criminal defense attorney caroline polisi, former trump white house press secretary stephanie grisham and cnn chief political analyst gloria borger. let me start with you on the legal question here. the 11th circuit court of appeals, it really was a takedown of the decision from the lower court, from judge cannon, on the classified documents specifically. they are marked classified, so we will treat them as such and proceed accordingly. what's your biggest takeaway? >> biggest takeaway, doj won on all fronts. remember, we're only talking about a specific subset of those classified documents, 100 documents. the special master, raymond dearie, will still be reviewing about 10,000 additional documents. but this was really a holdup in the doj's case. remember, they had argued that the special intelligence inquiry and the criminal case were inextricably linked and they couldn't proceed under this order. they got the stay lifted. they got everything they wanted. >> what are the options for the trump team moving forward from here? >> so they could appear enbank, meaning with the whole circuit court. it's unclear whether or not the 11th circuit would take that on. or as jessica noted, they could go to the supreme court. >> gloria, let me come to you on ginni thomas. she obviously had the text messages with mark meadows around the election, reached out to wisconsin and arizona lawmakers trying to encourage them to move forward with their own slate of electors. put her piece into this puzzle. >> well, she's not a huge part of the puzzle. but because she is married to a supreme court justice she looms large. i mean, she was sending text messages not only to mark meadows but to state election officials. and this of course all plays into the fake electors issue and why -- and the question of why was the spouse of a supreme court justice doing this? and should justice thomas at some point, if it should come to that, have to recuse himself from any legal issues that come up regarding this case? because of his wife's position. i think the committee did not seek her out originally but once these text messages really became public they had no choice but to try and to come to some arrangement without having to subpoena her. and that's exactly what's happening. >> gloria, i think we get desensitized to the detail that this is the wife of a supreme court justice zbls-- >> i'm not desensitized. >> -- who's trying to get people to overturn the presidential election. >> look, you can't understate that. it's so important. i mean, supreme court justices are allowed to have opinions and their spouses are certainly allowed to have opinions. but when you are politically active in this way, trying to overturn an election that was free and that was fair, i think it takes it to a whole other level. you can make the case as i'm sure she will and i'm sure her husband would if you were to question him about it, you know, did you ever have conversations with your husband about this, et cetera, et cetera, and i think they would both say no, no, no, no, we never talk about business. and he may not have known about these texts and these e-mails. but you know, it strains credulity here to say that he didn't know that his wife thought the election was rigged. >> stephanie, the former president, we heard a bit of his defense last night in an interview to this lawsuit from the new york attorney general. here's what former president trump said. >> we have a disclaimer right on the front and it basically says, you know, get your own people, you're at your own risk, this was done by management, it wasn't done by -- it was done by management. so don't rely on the statement that you're getting. >> i mean, essentially he's saying oh, yeah, you believed the building was worth $750 million, you should have done your diligence, you shouldn't have just trusted the number on the sheet. what do you hear there? >> yeah, it is so typical trump pushing it off on other people. it's always other people's faults. seeing some clips from the interview last night brought back a lot of memories of just sitting in the room with him and knowing all of these things that he's saying are wrong or false and you just have to sit there as he goes on and on and on knowing you're going to have to clean it up later. i can't imagine what his attorneys were thinking. these are pretty high stakes times. and i'm shocked that he actually was doing an interview like that. >> let me come back to you, caroline, on the declassification and another defense we heard from the former president last night on how he can declassify these documents. not by writing it down. not even by telling another person. here's what he said. >> if you're the president of the united states, you can declassify just by saying it's declassified. even by thinking about it. because you're sending it to mar-a-lago or to wherever you're sending it. and there doesn't have to be a process. there can be a process but there doesn't have to be. you're the president. you make that decision. so when you send it, it's declassified. we -- i declassified everything. >> you can just think it, like an episode of "bewitched." i have now declassified these documents. >> yeah, you actually have to wiggle your nose and bop your head to do so. he's wrong about that. courts have continuously noted that although the president does have broad discretion to declassify documents there at least has to be some sort of policy or procedure that is gone through so that the rest of the world knows that they're declassified. now, the 11th circuit had something to say about this too recently. they said look, it looks like a duck, it walks like a duck, there's nothing to disprove that these documents are classified. trump's attorneys aren't willing to say it in court. he's willing to say it on air, which is a very dangerous thing for him to do. those statements can be used against him later. but no attorney is willing to make that argument. >> stephanie, have you ever witnessed -- you can't witness the man thinking i just declassified all those documents in that box. but anything sort of a process that he says oh, yeah, we're taking those to mar-a-lago and they're declassified now? >> no. the short answer is no. and i think to put it kind of into layman's terms maybe for your viewers, imagine if he'd thought about declassifying something and then didn't tell anyone and that document had to do with a human asset somewhere in another country and then suddenly it's declassified and this human asset is out there and has no idea that this has been declassified and basically their cover is blown. so the fact that he said that, i don't know if he was just rambling -- i mean, he sounded -- granted, he sounds unhinged a lot. but last night's interview sounded just rambling, rambling, rambling. and like he didn't even know what he was saying. and i saw a couple of times when he caught himself, when he said there doesn't need to be a process, there could be a process -- that's him catching himself. so it was a really interesting interview. >> can i just -- >> it's also important to say that his attorneys are not making these arguments. because i can't imagine you go into a courtroom and say well, judge, he just thought about declassifying it and now these documents are declassified. gloria, go ahead. >> no, that's -- i want to speak to that very point. the special master said to trump's attorneys, look, you can't just insinuate that these documents are declassified because they haven't come out and said it, because they wouldn't. but he said at some point you are going to have to prove that these are declassified, i.e. in a sworn statement. now, the lawyers have avoided it because in court if you swear to something and it turns out not to be true you can be prosecuted for it. so his lawyers' heads are probably exploding because if trump is saying, well, i did this in my head, did he tell anybody? i mean, we did a large story at cnn quoting 18 people on the record who know about such things, who worked with trump, as well as i'd say about a dozen others on background, saying he cannot do this, there is a process and there is no way he declassified these documents without some kind of a signature, without a process. and so far we haven't seen it. and i don't know if his lawyers know anything about what happened. >> and we'll see if this claim of you can declassify in your head complicates at all the next step in this case in the 11th circuit with this decision we just heard from the court of appeals. gloria borger, stephanie grisham, caroline polisi, thank you all. >> thanks. >> new cnn reporting reveals russia's military is increasingly divided over how to overcome ukraine's latest counteroffensive. and we're seeing a slew of arrests as russian protests -- they protested vladimir putin's massive military mobilization. we have more on this next. i may be close to retirement but i'm as busy as ever. and thanks to voya, i'm confident about my future. voya provides guidance for the right investments. they make me feel like i've got it all under control. voya. be confident to and through retirement. 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[ marcia ] clearchoice dental implants gave me the ability to take on the world. i feel so much better, and i think that that is the key. this weekend pro-russian authorities in four occupied regions of ukraine will vote on whether to join russia. now, western officials believe the elections are a sham and could be used as a pretext for russia to try to annex those areas. and members of the u.n. national security council widely condemned the votes today. that's where secretary of state blinken, antony blinken, accused putin of shredding international order. >> we can expect president putin will claim any ukrainian effort to liberate this land as an attack on so-called russian territory. this from a country that in january of this year in this place joined other permanent members of the security council in signing a statement affirming that, and i quote, "nuclear war can never be won and must never be fought." yet another example of how russia violates the commitments it's made before this body. and yet another reason why nobody should take russia at its word today. >> in russia an independent monitoring group says more than 1300 people have been detained for protesting putin's partial draft initiative. look at this, cars bumper to bumper trying to leave russia. similar scenes are happening at several border towns. we're also getting new video of this mobilization playing out in real life. you see here the tearful scenes of mothers saying good-bye to their sons who have been called up to join this war. cnn's senior national correspondent alex marquardt joins us live now. cnn has new reporting, alex, about how russia's military is now divided over putin's new directives. take us through it. >> that's right, victor. well, clearly russia's war in ukraine is not going well. that's why you're seeing that mobilization effort of up to 300,000 reserveists, putin says. of course in the past few weeks ukraine has managed to take back thousands of square miles in a counteroffensive that now according to this new reporting russian officials are divided over how to respond to. now, one source told our colleague katie bo lil'as that already intelligence intercepts that shows russian generals and officers are squabbling amongst themselves over what to do next, how to counter this offensive, how to shore up their defensive lines, where that should be done, whether it's in south where there has been a push by ukrainians as well as in the east where ukraine has made formidable gains. we understand from sources that there are also calls from russian officers back home to friends and family complaining about the direction or really the lack thereof from moscow. and then victor, perhaps most remarkably, one source telling cnn, or several sources rather telling cnn that president putin himself is involved with directing the military efforts on the ground, ordering generals, russian generals in ukraine to carry out operations in the way that he sees fit. that of course is remarkable, that president putin would wade in in that way. now, this mobilization effort is already under way in russia, victor, as you showed that video there. it is deeply saddening for many russians. it is infuriating. it is scary. we have seen protests all across the country, more than 1300 people as you noted detained just yesterday. we have some sound of the reaction to this mobilization order. take a listen. >> translator: i don't understand what's there to fight for. why did we invade ukraine? i'm against it. no. i'd rather go to prison. i won't fight for this government. >> translator: if i receive a draft notice, i'll go. to defend the honor of our country. >> reporter: so you are seeing reaction there on both sides. but of course there is a lot of anger. that anger expected to continue. victor, we should note that among those who are detained on wednesday night, according to that independent monitoring group, several people were ordered to enlist immediately, were drafted, were drafted immediately. that is raising fears that this mobilization order will go beyond just the people who have experience fighting, with combat experience, people in the military, reservists, which is what putin had said initially in his speech, and that this mobilization could in fact be broadened out to include many more russians. victor. >> alex marquardt with the reporting for us. i'm going to start right there with our next two guests. thank you, alex. evelyn farkas, she's the former deputy assistant secretary of defense for russia, ukraine and eurasia. evelyn is also the executive director of the mccain institute. also with me retired u.s. army major mike lyons. good to have you both. major, let me start with you on what alex just reported there, that some of these 1300 protesters have been conscripted directly into the army. now, there was obviously a morale problem, a training problem before. but if you add people who oppose this war in the army now, that obviously doesn't solve the problem. >> not at all. and we know that there are people that are deserting from the russian military. the bottom line is vladimir putin has to get as many bodies as he can to ukraine as fast as possible. this is about a mobilization drill. he's going to go through 11 time zones in russia to get as many people as he can to the front. the original number was 300,000. he'll try to get 50 to 100,000 there in the next few weeks. if he doesn't do that then ukraine has real opportunity to overrun certain areas that russia has been holding for the past six and seven years. that is the key right now, is people to the front. >> but doesn't adding people who oppose this war to the fighting force guarantee sabotage, guarantee defections? >> you know, russia doesn't look at it that way. they look at it as power. they look at it as destruction. they just look at it as even forcing the situation there on the front lines. they don't have the same level of emotional intelligence about what we would have about our military. sure, if we had that kind of dissense in our ranks we would not accomplish anything. they have not been able to synchronize their fires on any strategic level and at the tactical level from their perspective they just need bodies on the front. >> evelyn, i just want to talk to you about the rush to get out of the country. yesterday we reported that the international flights out of moscow were filling up. no & now we're seeing this traffic at the borders. i think we have video here of the traffic out. there's so much that the finnish prime minister has now announced that her government is ending travel and tourism from russia. she says they've got to figure out how to do this but they're doing it. what's your take on the reaction from the russian people is and how this could destabilize this region? >> yeah, i mean, clearly this new mobilization has created some panic, victor, among the russian people. what's interesting is when you look at the composition of people demonstrating i think it was one of your reporters actually on your website that pointed out that there's a high percentage of women. and if you look back in history one of the big things that caused the soviet union ultimately to fall was the opposition of mothers. and they actually organized. mothers against the afghan war. this is probably a worrying sign, i would imagine, for vladimir putin and the kremlin. and clearly people are questioning whether the government is going to hold its word with regard to this new conscription because they said that it would be just reservists who would be called up. but apparently, the language in the actual piece of paper that calls for this mobilization is broader. and so men, women, they're panicking. of course men are going to be the ones who serve. but they are all panicking, thinking when am i next? now, the people -- the demonstrators who were sent off to serve, there are a lot of questions to be answered there. were they people who were subject to the draft like we have in the united states and they haven't gone to their post office, they were protesting it? were these people reservists with military service? we know they have been drafting prisoners and sending them to the front. so if they just start pulling people off the streets, again, this is the kind of thing that causes general panic and frankly could bring down the government of vladimir putin. >> there was of course this address that started all of this, the announcement of this partial mobilization. but there was a portion in which putin issued this veiled nuclear threat as well. there are other referendums that are coming up in zaporizhzhia, in kherson and in the donbas and luhansk and donetsk. if those are, air quotes, passed and annexed, does that make those areas -- how do i ask this? does putin then cover those with this threat of this is now included in the motherland and if you come into luhansk or donetsk you could face this wrath? >> well, this is the thing, victor. putin is trying to set the terms of this war and set the terms for how we should consider, we the west, the united states, our european allies and other allies around the world who are helping ukraine fight russia. he's now trying to intimidate us out of continuing to provide our assistance by saying, well, i'm going to annex these areas. of course we know it won't be free and fair elections, you know. and annexation is illegal, just as he did it in crimea. it's no more legal now. and so he will say these belong now to russia, this is russian territory. but we should not overreact to this nuclear saber rattling. yes, of course russia has a military doctrine that allows it to use nuclear weapons. but vladimir putin must know full well that if he uses a nuclear weapon, even just detonates it in a demonstration in the siberian, you know, area where there no one's living, that it will be a game changer. the international community will be outraged. and as president biden himself said, there will be consequences. and those consequences cannot, cannot result in vladimir putin still being in office. he knows it will probably cost him his government. >> as the president, president biden has said, that no one wins a nuclear war. evelyn farkas, retired major mike lyons, thank you both. more buses filled with dozens of migrants arrived in new york city today. how the city is handling the influx. and promising news in the fight against cancer. deaths are declining, and more people are surviving than ever before. ♪ ♪ dude. ♪ from bolt to blazer, equinox to silverado, chevy evs are for everyone, everywhere. ♪ wherever we come from... we all have one thing in common. we all want the incredible new iphone 14 pro. now at t-mobile. t-mobile gives you apple tv plus included. so watch your favorite apple originals on the most advanced smart phone display ever. get the iphone 14 pro on us with apple tv plus included. now at t-mobile. the first time you made a sale online was also the first time you heard of a town named... dinosaur? 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victor, take a look. 32% reduction in cancer rates since 1991. we did the math on this. that's about 3.5 million lives saved. people who are living today because of these incremental benefits in cancer. and if you look at it another way and say how many cancer survivors are there nowadays as compared to before, back in '71 there was 3 million cancer survivors. now 18 million plus. roughly about 5% of the nation. so 1 in 20 people. you go out and talk to 1 in 20 people, they will say they are a cancer survivor nowadays. also the idea that you live longer than five years with any kind of cancer, 70%, 80% of people do that now. back then it was under half the people would do that. mostly advances in colon cancer, lung cancer, prostate cancer and breast cancer. and lots of reasons why. but the two main reasons, they have figured out the genetics of these cancers better. they can target these mutations. and also drugs known as immunotherapies. can drugs that use your own immune system to help fight these cancers. those have become more commonly used. >> president biden's cancer moonshot is to cut the number of cancer deaths in half over the next 25 years. continuing this trend, is that realistic? >> well, if you look at since '91, there's been a 32% reduction. so that's pretty significant. fast forward 25 more years, quite possible. there are several things he wants to focus on including investing in some of these same therapies that i was just talking about. but i would direct your attention sort of to near the bottom of the screen. the idea of preventable cancers. wasn't long ago that we were talking about the idea that maybe half of cancers in some ways are preventable. smoking, obesity, things like that that are lifestyle decisions. we talk about these things sort of generally. but if we really invest in decreasing the likelihood of preventable cancers, i think we can get there. as much as we talk about the therapies, which are expensive and important, we need to talk about preventing these cancers in the first place in a bigger way, which is part of moonshot. >> all right. dr. sanjay gupta, always good to have you. especially with good news. but it's good to have you. and be sure to listen to the new season of "chasing life with dr. sanjay gupta." you can listen to it on spotify or apple podcasts. the former military contractor who orchestrated the largest corruption scandal in u.s. history is back in custody. we'll have more on the arrest of the fugitive known as fat leonard, next. you're making all the difference out there kid. next big american. pressure, pressure? 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it's been nearly a week since a woman died while in police custody in iran, and protests across the country show no signs of letting up. you can see the protesters here fighting back against riot police in the northern part of the country yesterday. crowds are pouring into the streets. women are burning head be scarves. authorities are now issuing internet blackouts. mahsa amin's father is accusing authorities of lying about her death. the 22-year-old died last week in the custody of the so-called morality police for allegedly violating iran's law on head scarves. after more than two weeks on the run the mastermind behind the biggest corruption scandal in u.s. naval history is now in custody in venezuela. former military contractor leonard francis, nicknamed fat leonard, escaped house arrest by cutting off his gps monitoring ankle bracelet. he was facing charges of bribery and fraud. cnn's oren liebermann is at the pentagon with the latest. what do we know? >> reporter: well, right now leonard francis, also known as fat leopard-s in custody in venezuela after he went missing just a couple of weeks ago. at the time he was only a few weeks away from his sentencing after he pled guilty back in 2015 on charges of bribely and fraud. he had at times been cooperating with authorities as they looked into the largest corruption scandal in navy history, and then suddenly he went missing. authorities believed he may have tried to leave the country and that as we find out now is exactly what happened. he was taken into custody in venezuela after u.s. marshals issued an interpol red notice. that's where he's in custody. u.s. has begun extradition proceedings. it's an open question as to how long that could take. but this is a question that's gone on for years. back in 2013 authorities started looking into leonard francis and all of his business dealings, tying together a number of capitals in the indo-pacific. and they found out as investigators and prosecutors said that he had given out gifts, expensive trips, even parties with according to investigators and prosecutors prostitutes in exchange for navy officials moving business toward his defense contractor, and that's where he made millions. in 2015 he pled guilty to those charges. he then, as we've said, escaped house arrest just weeks before he was due to be sentenced. and now the extradition proceedings to bring him back to the u.s. after he was captured in venezuela. key question, how long might those extradition hearings take? 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>> well, the judge has said this is not a case about politics. you can't taulk about the first amendment or second amendment or politicians or elections. you cannot say this is not a hoax. that's been determined. you are liable for defaming them. so this afternoon, and it's been contentious all day. it looks like it's calm in the courtroom? not always. they showed a deposition on the screen of alex jones several years ago where he said that he admitted that he had said that this was a hoax and it was fake. and then the live questioning came saying that you said this was manufactured with actors. and he had to admit that early on, he says early on that is what he did. you not only did that, you mocked the parents. you mocked when they were crying and said it wasn't real and that it was a hoeax. i want you to listen to a little bit and get the flavor of what the testimony is like. >> i'm not supposed to talk about the prior rulings so how do i answer if i think something is a kangaroo court. >> this picture right here, that's the judge, correct? >> yes. >> lasers coming out of her eyes? >> yes. >> that's who you've been referring to as a tyrant, right? >> yes. >> i asked you if it's your testimony, is this your testimony. >> i think it's a deep state situation. >> your credibility is the most important thing with your audience, isn't it? >> how do i answer a question, your honor, that i've been barred from answering under orders of the court? >> so this is the plaintiff's case. the plaintiff has called him as a witness. you can see the contentious atmosphere involved. so this is going to keep going because the plaintiffs really have to establish his intent, his motive, because this is going to determine the amount of money that the jury deems is important and justified for defaming these people. they went through a lot. i didn't realize all this. i don't know if everybody didn't, but what they went through, being mocked on social media, being called liars, that it was a hoax, that your child is actually alive, your mother is actually alive and you're playing this, it's amazing. >> we saw one of the parents who said that he had been shown something online, that his name was there and he then was after not seeing any of this was -- his eyes were opened to some of the claims about his family. >> and he's having to grieve at the same point of time. we want to make sure everybody knows there's going to be cross examination, so his attorney is going to be able to try to mitigate the amount of money that would be awarded to these parents. >> jean casarez, thank you. a federal appeals court gives the doj the green light to resume its review of the documents found at mar-a-lago. trump has a new defense about those documents, but some top republican lawmakers are not buying it. at bath fitter, every quality bath starts with quality people. our consultants help you choose from hundreds of bath options so we fit your style. our stallers complete your work in as little as a day so we fit your schedul our manufacturing team custom crafts ur bath so we fit your standards, and it's guaranteed for life. when you can trust the people who create your new bath, it just fits. bath fitter. visit bathfitter.com to book your free consultation. some days, it felt like asthma was holding me back. but asthma has taken enough. so i go triple... with trelegy. with 3 medicines in 1 inhaler,... it's the only once-daily treatment for adults that takes triple action against asthma symptoms. trelegy helps make breathing easier,... improves lung function,... and lasts for 24 hours. go triple... go trelegy. because asthma has taken enough. trelegy won't replace a rescue inhaler... for sudden breathing problems. trelegy contains a medicine that increases risk of hospitalizations and death from asthma problems when used alone. when this medicine is used with an inhaled corticosteroid,... like in trelegy,... there is not a significant increased risk of these events. do not take trelegy more than prescribed. trelegy may increase risk of thrush and infections. get emergency care for serious allergic reactions. see your doctor if your asthma does not improve or gets worse. don't let asthma take another breath. go triple. go trelegy. ask your doctor about trelegy today. the lows of bipolar depression can leave you down and in the dark. but what if you could begin to see the signs of hope all around you? 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