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More now on those important developments on the investigations into january 6th that we mentioned at the top of the broadcast, the first sources telling cnn that secret service made disabled text messages all from what has turned into a criminal investigation to have period surrounding january 6th were deleted despite being requested by investigators. the secret service declined to comment. the development comes after significant escalation of the federal investigation as well. cnn has learned that the man liz cheney said tried to do what was right, pat cipollone, has been subpoenaed by a federal grand jury. what s more, sources tell cnn the deputy white house counsel patrick philbin has been subpoenaed. both men have testified before the house committee. i want to talk about this with jeffrey toobin. ....
Would pat cipollone say more to a federal grand jury than he would to the january 6th committee? he would have to be forced to because whe obviously made a certain set of requirements that he would talk about certain things but not others to the january 6th committee. but the federal prosecutors will want to know more, especially about his conversations with trump because after all, remember, donald trump is someone who doesn t text, who doesn t use email. so, the only way to determine his intent, which is obviously a central issue in this criminal investigation, is through the testimony of the people speaking with him. i know we ve endlessly talked about these exec tiff claim privileges, some of them phony, some of them not. how does that get adjudicated? who decides? it will go through the courts. it s not just executive privilege here. it s also attorney/client privilege. even though he s a government lawyer, the courts have held there are certain aspect was oattorney/client p ....
to our office. we tried multiple times to talk to sheriff hayden, trying to have him explain why he s spending taxpayer dollars to look into an election that has been certified. you know we re still investigating that. it s an open investigation, and we re really not going to make any more comments on it. reporter: turns out sheriff hayden is one of several elected sheriffs who say they are looking into mass fraud in the 2020 presidential election, something that has been widely debunked by secretaries of state across the country and dozens of courts. but their ideas are applauded, even incoencouraged by the organization they re a part of, the organizations peace officers association. our biggest concern now at the cspoa is election fraud. reporter: that was richard mac at the conference he puts on ....
This election. quite frankly i don t know. but we re looking. and what we re looking at is we ve got a whole lot of reasonable suspicion and we re starting to develop probable cause. he says he s assigning sheriff s deputies to investigate 2020 fraud. it s a long, drawn out investigation. and frankly they ve got a lot more to do. reporter: that s the top election official in kansas during the 2020 election, secretary of state scott schwab, a republican. did you find any major voter fraud? not in our state. we do post-election audits, and we re one of the few states that do the audit before the board of ca canvassers meet. have there been reports of people who have filed reports of voter fraud with the secretary of state s office? we had about 12 but they were nebulous. you had 12, about a dozen, complaints concerning potential voter fraud to your office. ....
Is incompetence or malevolence. right. the secret service is trying to make the case, please, please, we re incompetent. we can t even allow our agents to text message in 2022 because we don t know how our system works. that s a pretty appalling thought. but it is not an example of people intentionally trying to destroy evidence. right. someone outside dhs and secret service has to do this investigation because they are clearly not capable of it. jeffrey toobin, thank you. appreciate it. coming up more on last night s surprise out of kansas. gary enten joins us. and we ll talk to senator elizabeth warren live, who grew up in oklahoma, what t this cou mean for the midterms. ....