documents investigation has been directed to testify and in the hush money probe here in new york. that grand jury will reconvene today. so this this morning the ceo of tiktok will testify before congress. we're told that he's going to argue that his app is not a security risk and shouldn't be banned angeles community also cleaning up from a rare tornado, the national weather service says that it is the strongest twister to hit the area in 40 years in an off duty pilot now being hailed as a hero on a southwest flight, the airline says he stepped in to help the fly the plane after the captain got sick. and also today, the march madness is back on the first sweet 16 game of the men's tournament is set to tip off this morning starts right now. all right. good morning, everyone. we are tracking really big developments wow! overnight into two different investigations into former president trump. he just suffered a major legal blow and the special counsel's probe of classified documents at mara lago, trump's own defense attorney, has been ordered to testify tomorrow and to turn over evidence. this time he will not be able to claim attorney client privilege to some of those key questions in the probe, which includes obstruction, obstruction of justice and appeals court. has agreed that trump may have used that lawyer to break the law when federal agents were trying to locate and retrieve top secret files at trump's private club and here in new york. in a separate probe, we could see significant movement in the stormy daniels hush money investigation. today that grand jury will reconvene and the manhattan district attorney has a crucial decision to make before that grand jury votes on a possible indictment. will he bring key witness michael cohen back again to testify after his credibility was called into question. just days ago, the grand jury heard testimony from cohen's former legal adviser, robert costello, who claims cohen is a quote serial liar who quote decided on his own to pay adult film actress stormy daniels and keep her quiet about an alleged affair with trump. kira's canal has been following all of it. she's with us now. alright, let's begin in new york. uh, with what album bragged the d a is gonna do. do you bring michael cohen back? and then that kind of wraps it up for the grand jury, right? i mean, there have there are only so many people that know about the hush money payments and the whole series of events that led up to it most of them if not all of them have been before the grand jury. you know, they notified trump. they invited him to come in, which is required under new york law. he declined . then they brought in a witness that trump had asked for. that was bob costello. now the decision is do they feel that they need to bring michael cohen back into rebut anything that, costello said. i mean, one of the things that costello said that stood out to me was he was telling he at least he told us he told the grand jury that you know when he saw michael cohen and he was up against the ropes , and when he was in a, you know, desperate state because this investigation the federal investigation was closing in on him. and he said then that cohen still would not implicate trump in this, so it's the question is that what prosecutors feel they need to potentially bring cohen back into answer. this is all a bit of a black box, the grand jury process, but this is, according to sources, this is the this is the question that they're weighing. do they need to bring cohen in? and once that decision is determined, you know , then things could move quickly . then they'll decide. okay. do we like our case? do we want to bring this case and then you know it doesn't take very long for the grand jury to act. the concern yesterday is about why you know why the delay? why nothing yesterday, but you don't know what's going on inside. they need more testament. they may need more testimony. they may not have had a quorum of people. some people may not have shown up or what have you needed the day off. you never know. these are just sort of perfunctory things that can happen so we shouldn't read into anything about a possible delay with the grand jury. i don't know. i don't think so. i mean, like you said, it could be a scheduling issue. it could be something you know this is this is a big decision to indict a former president. it's never been done before. four so it certainly is something that you would expect prosecutors to want to be careful about. you know, i'm sure they want to review their evidence. it's a big decision, not only a big decision it's ever been done before, but with a legally really tough case to meet the bar at the threshold for it's a case that has never been decided by a judge. you know, you've never had someone be charged with falsifying business records for campaign finance violations , and that going to trial you know this has been a case in area where people have played out. so it hasn't been really tested in that way. and so that also is a big question for them to decide if this is the one they want to bring to test it, parascandola. thank you. get one. okay, so that's what's happening here in new york, you might be easily confused. there are two investigations that we're tracking this morning. this one that we're going to talk about. now is the classified documents case there has been a major legal defeat for former president trump and essentially what it means is that tomorrow one of his defense attorneys is still scheduled currently to go testify but without the attorney client privilege that he had the last time, he testified. of course, all of this depends on whether or not they are going to appeal. but we are told right now that that's pretty unlikely. so what we could see we play out tomorrow is incredibly significant in and of itself. this is how we got here. there's a three judge panel in the d c circuit court of appeals. and they ruled yesterday that this defense attorney evan corcoran, doesn't just have to testify. he also has to turn over some notes regarding conversations with the former president. as part of this criminal investigation into the potential mishandling of the classified documents that were taken tomorrow, lago, a source tells me that the documents include handwritten notes transcribed verbal notes about his representation representation of trump in the case that is part of the bigger picture here. prosecutors didn't get their hands on those back in january, when he was testifying before the grand jury for about four hours or so. and also that was when corcoran declined to answer some of their questions, citing that attorney client privilege that has all changed. now the case is completely different given the justice department has successfully argued to a judge who agreed with him that there's enough evidence about trump's interactions with corcoran. that he might have used corcoran and furtherance of a fraud or crime , so as the front crowd from exception. this is how the four presidents team is responding overnight, telling me in a statement, there is no factual or legal basis or any substance to the any case against president trump. they say the real story here is that prosecutors only attack lawyers when they have no case whatsoever. for more perspective on this. i want to bring in cnn's senior legal analyst, ellie honing, ellie. obviously this is really rare to see. the justice department successfully argue that they can pierce this attorney client privilege for evan corker in this defense attorney caitlin so this story it starts last summer. if you go back to 2022, so remember, doj and archives is trying to recover all these documents from mar a lago. they're negotiating until may when they service subpoena on donald trump's team, saying, you have to hand us over. all the documents you have left. now the next month, trump's team turns over a small pile of documents, but they also send in a certification when officials from the doj came tomorrow, lago right, exactly, so they gave him a certification that said, we've looked everywhere and there are no documents left here zero. you have them all we know that was untrue, because two months later doj does the search warrant and they find 100 plus classified documents. so doj is now focused very much on that certification because if it was false, and it was full that could be a crime. here is what the certification specifically says quote. a diligent search was conducted of the boxes that were moved from the white house to florida and no copy written notation or reproduction of any kind was retained as to any responsive document. now that signature is blacked out there, but we know the person who signed it was donald trump's attorney, christina bob. we also know that she got a lot of the information from and this is the important attorney here. even corcoran, another attorney, and they both got some of the information from donald trump. art of that letter, though, is it said to the best of my knowledge. that is something that i think we are going to see potentially be one of the biggest phrases. this entire song important, lawyerly hedge, caitlin and now the attorney client privilege, as you mentioned before, is going to come into play because back in january, this attorney kevin corker went in, and he answered questions in front of the grand jury. but he refused to talk about certain of his conversations with donald trump, which is normal. that is what attorneys typically would do right. they wouldn't talk about their close automatically do you would say it's privileged, however, doj is trying to use successfully. now what's called the crime fraud exception. here's what that means if an attorney and client are talking about an ongoing crime together. that is not privileged. so, for example, if you hire me as your attorney, and you told me six months ago, i robbed a bank that is privileged. but if you say to me, hey, why don't you and i get together and we'll do a bank robbery. that is an ongoing crime that you're trying to commit with me that is going to be under the crime fraud exception now, doj theory is that the person who committed the potential crime here is donald trump. that's really important. what's the crime? potential crime? obstruction we've seen this before? because in the search warrant to search , mara lago, doj said to a judge . we believe that evidence of obstruction and that's the crime obstruction of justice will be found at the premises. now, caitlin if you go to a judge and asked the judge to break through that privilege, you don't have to prove the case beyond a reasonable doubt. that's it. trial. all you have to show is what's called a prima facie case, which means what one of these latin phrases that means on its face like it sounds like you just have to make sort of the base. of a showing. the other thing is, there are some situations where prosecutor can go to a judge and just say take our word for it. we have enough evidence here. you have to do more. you have to prove specific evidence to a judge. and so that's what doj did. last week they went to the district court, which ruled in their favor. they said yes, this judge said, yes, i find there's evidence of the crime fraud exception. and just yesterday, the court of appeals ruled 30 agreeing with the district court. so i want to talk about one big thing here because a lot of people wanting to know why they didn't appeal to the supreme court. i think that was what people thought. immediately would happen when we got this when this showed up on the docket yesterday, as we were all refreshing it they're not going to the supreme court. they're not appealing this. corcoran is still scheduled to go testify unless they change something tomorrow. it could have made that decision. they could have tried to get it to the supreme court. it has to be a tactical decision. it has to be. they lost so decisively here and with all three judges here, they have to have just decided why go to the supreme court and get slapped down there and caitlin, you're right. the next steps corcoran is going to testify. and importantly, as you reported, he has to turn over his handwritten notes. from the time they're right, very rare and also really important evidence, because that's what he was writing down at the time. while this was all happening, it's really important evidence for doj is and i think one thing we should notice. we have no idea what he'll say tomorrow. we don't even know what the notes show. those are the still big questions we have this morning. that's a lot to break down. but you did so very successfully. so thank you so much for that, all right. ella caitlin. thank you very much. here's something that you rarely see. take a look at this as a tornado hitting near los angeles. that's right, a tornado hitting near los angeles touchdown, an industrial area of mata bellow and sent debris flying everywhere. i saw what looked like a waterspout kind of tornado twister. that was about 30 ft. wide that just came through and was just bouncing like a cop in between picking up debris. the whole sky looked like a dump 17 buildings in the area of the impact zone have been inspected by our montebello fire department. 11 of those 17 buildings have been red tagged due to the damage that they've experienced. so here's what officials are saying here. one person was injured. one person was hurt, but others there who were injured miner right. california gets fewer than 10 tornadoes every year. the one in montebello was the strongest in the state and 40 years. a weaker one hit tuesday about an hour northwest of l. a. happening today. tiktok's chief executive on capitol hill fighting to save the app that 150 million americans used by the administration has threatened to ban tiktok in the u. s. if it's chinese owners don't say their shares in the company as vanessa cabbage joins us now, with the very latest on this. this is interesting. good morning, vanessa. good morning, so the tiktok ceo shu shu is appearing today on capitol hill. he's prepared for this. this is his opportunity to convince lawmakers that china and the chinese government has no bearing no control over tiktok, but the very same legislators. he's going to be testifying in front of have already made up their mind. in some cases, they believe that china, in fact does have control over tiktok many support legislation that would severely restrict tiktok many support a total ban on tiktok. some are calling this hearing today explosive looking that it too, that it will be explosive, probably right for some tiktok moments of its own. tiktok the wildly popular social media sensation has taken america by storm, with nearly half of all americans creating uploading and watching videos, but now the company finds itself in the crosshairs of a political debate . hi everyone. it's show here and the ceo of tiktok ceo showed you announcing his arrival in dc on tiktok as he gears up to face lawmakers thursday in a high stakes hearing amid threats from the white house to ban the app in the u. s. chinese parent company, bytedance sells their steak. this is quite literally an existential issue for tiktok . this is life or death will be grilled on tiktok perceived threat to us national security. legislators have raised concerns over the chinese government's ability to use tiktok to spy on americans and collect their personal data. the app is already banned on federal devices, and nearly half of all states have banded on state owned devices. so many instances it just appears that china is not our friend. now they've got this enormously popular and powerful application that has basically captivated the minds of the next generation of americans. what are they doing with that information, but shoe has been insistent. china has no influence over the app, and it's 150 million u. s users. the chinese government has actually never asked us for us user data, and we've said this on the record. that even if we will ask for that we will not provide that. but top u. s intelligence officials believe otherwise. this is a tool that is ultimately within the control. of the chinese government and it to me it screams out with national security concerns, but there is no public evidence. this is happening. the government has not provided a smoking gun, but maybe the government doesn't need to provide a smoking gun. it's about that possibility. why the hysteria and the panic representative jamal bowman, hosting tiktok creators at the capital just hours before the hearing. it poses about the same threat. that companies like facebook and instagram and youtube and twitter polls. so let's not marginalize and target tiktok. the trump administration tried and failed to ban tiktok in 2020. several courts ruled it violated the international emergency economic powers act, a law that biden administration is also up against. does it have any new legal authorities or powers to actually do it? no and so this is why we come back to. we're likely to get a restriction on tiktok based on what the executive branch can do right now. a complete ban, practically speaking, is unlikely at this point. and to try to address some of these because security concerns. tiktok says that as of june of 2022, they have moved all us privacy data onto us servers. but last year in december we saw some bite, dance employees surveilling and tracking data of journalists here in the u. s is going to preemptively tell congress today is abhorrent, you know right away. yeah i hope we're able to separate fact from fiction and fear today in the hearing. i think it's really important, right? what has happened? what is the risk and what can be done about it? but what's also fear driven versus factor. there's certainly fear from legislators based on probably fiction or what they've heard. shoe is expected to read 12 pages of testimony. laying all that out. congress is really good with nuance. luckily so sure he is huge sarcasm this morning. for breakfast. thank you appreciate it. oh, and be sure to catch cnn. prime time is going to take a special look at the app that is in everyone's pocket. except for me. i don't have it. i don't have any other, but it is a national security threat. that's the question. is it a national security threats in his abby phillip will host its is time up for tiktok. tonight at nine. p.m. eastern. also the federal reserve raising interest rates amid the banking fallout that we've seen as it is targeting inflation. we're going to break down the impact that it has for you next. nice job investing souththwest cat. make your dream car. a reality. mercedes benz certified pre owned vehicles are rigorously inspected to live up to the highest of expectations. come on danny bride to go to work you're gonna stick this stuff. we're gre downey coldest sex stops. you gotta 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