at this stage. reporter: right. well, it would be rare to make a search warrant affidavit public, but we are at a point where there is a push for transparency, not just on capitol hill, but the media, including cnn. in court the justice department made a set of arguments and really a couple little details about this investigation that they re saying should keep this affidavit secret, confidential, only for their eyes and for the judge s eyes. in their filing yesterday, they wrote if disclosed, the affidavit would serve as a road map to the government s ongoing investigation, providing specific details about its direction and likely course in a manner that is highly likely to compromise future investigative steps. we know too they have disclosed in this filing yesterday that they are using witnesses already, that they have spoken with, they re using a grand jury in this investigation, and that they also are looking for to make sure there aren t future witnesses whose infor
home. the wall street journal reports the attorney general merrick garland deliberated for weeks over whether to approve that fbi search. separately, sources tell cnn that trump white house lawyer eric herschmann has been subpoenaed by a federal grand jury investigating the insurrection. and in a separate investigation, georgia prosecutors have told rudy giuliani he is a target of a criminal probe into election interference. and in yet another investigation, long time trump organization cfo allen weisselberg is expected to plead guilty in a tax evasion case. let s get to it, let s begin with katelyn polantz on the news out of the justice department this morning. so, what are you hearing from the justice department about this request to unseal the affidavit? reporter: the justice department does not want to unearth a lot more detail about what is going on here in that prompted the search of mar-a-lago and what is under criminal investigation here. in a court filing yeste
Now, jim and bianna. and according to fish and wildlife, they received a call around 4:30 p.m. on saturday. so let s talk about what led up to that call, to that report of a shark bite of the 10-year-old, jameson rieder jr. according to his uncle posting this on facebook, a lot of updates there, he says that jameson was snorkeling, just off looe key, in the florida keys, and that s when as he was holding on to a pool noodle, he was bitten by the shark. the uncle describes it as a quite a blow beneath the knee of his leg. his family was able to pull him back on to the boat and then, this is pretty amazing, they flagged down another boat. on that boat, just so happens there was a nurse there, she was able to treat jameson and then they airlifted him here to this hospital in miami. listen to how his uncle describes this. shallow water, about ten feet
Of water, just boy just out having fun time with his snorkel and go pro and trying to see fish and turtles. he was on the phone and said, he said he was there, just holding on to the noodle, and just saying it s okay, jesus will save me. reporter: hard to imagine his family just sort of watching this and trying to rescue him at the same time. the family describing it as an 8 foot shark, that s what they remember of what they were able to see. i did just get off the phone with a shark expert from florida international university, and he was very clear that the public should understand that this is reason to be vigilant, this is reason to be careful, but not reason to be terrified. he said this still remains statistically rare and pretty low risk when it comes to shark bites. jim, bianna? must have been so terrifying for that little boy and their family. he hope he recovers well. leyla santiago, thanks so much.
Him. when you start turning around lawyers into defendants, when they are defending their clients, we re starting to live in a fascist state. reporter: will he invoke his fifth amendment right? that s a big question that remains unanswered. we know his attorney, though, giuliani s attorney says that while he s expected to appear tomorrow, he can t promise about how responsive his client will be. jim, bianna? nick valencia, thank you so much. joining us to discuss all the law behind this, elliott honig, former u.s. assistant attorney for the southern district of new york. elie, to hear one of trump s own white house lawyers there, herschmann say, recount how in the midst of all this, he was telling someone, you need a criminal lawyer because he saw criminal potential criminal liability here in the efforts to overturn the election. he s been subpoenaed by the doj. that sounds like fairly remarkable evidence in their