sacheen littlefeather for abuse she endured at the 1973 oscars. she was heckled while on stage on behalf of marlon brando to protest native american mistreatment in the film industry. these are the "5 things" to know for your "new day." more on these stories on day on cnn and cnn.com and download the "5 things" podcast every morning. cnn's coverage kins right now. . good morning, everyone. i'm bianna golodryga. >> i'm jim sciutto. this morning, the justice department on high alert. their focus now protecting highly sensitive information surround the documents seized from former president trump's mar-a-lago home. they want to prevent the release of the affidavit which lays out the case for searching the florida estate, which they say includes witnesses interviewed already by the government. this comes as we are learning new details about the leadup to that search. "the wall street journal"

reports that attorney general merrick garland deliberated for weeks before approving the warrant application. now, garland faces an even more daunting and consequential decision, that is whether to pursue criminal charges against the former president. >> now that decision is amplified as an fbi organization representative warns that growing calls for violence against law enforcement are, quote, real and imminent. the fbi investigating an unprecedented number of threats to bureau personnel and property in the wake of the court authorized search of mar-a-lago. also this morning, rudy giuliani firing back after prosecutors in georgia tell him that he is a target of the special grand jury there. we'll have more on that in a moment. let's begin this morning, here in washington, cnn senior crime and justice reporter katelyn polantz tracking all the latest developments. the justice department is making clear just how serious this investigation is. what do we know about where it stands? >> well, jim and bianna, the

justice department yesterday in this court filing did give several reasons why they believe this is such a serious investigation that really does need to remain under seal. at least the details of it that would be included in this affidavit that was previously reviewed by the judge that signed the search warrant. the different things they are outlining here, first and foremost, they say this investigation implicates highly classified materials. that is very strong word choice from justice department prosecutors about what this investigation is about. that's more than they had said previously about this investigation. and then on top of that, they are saying in this court filing that they need to keep secret details of what has happened so far in this investigation that has led them to believe that they could find evidence of crimes at mar-a-lago, because they want to protect witnesses that have already spoken with them, they want to protect the possibility of future witnesses. they don't want to chill future

witnesses from being truthful with them, for being willing to speak to them about what they witnessed or what they saw, they also want to keep confidential grand jury proceedings so that would be a federal criminal grand jury, seated somewhere in the country that would be looking at evidence that is being brought in by the prosecutors and could potentially approve indictments down the line if we get to that point. the argument is outlined in this sentence from the court filing yesterday. the justice department 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. they have highlighted the possibility of other investigations that could be related to this or come out of that evidence. we are still waiting to see what the judge does here, whether the judge agrees with the justice department to keep this secret. >> as jim noted earlier, we are hearing from reporting that the attorney general was mulling over this for weeks prior to

signing off on this search. what more are you learning in terms of what he was thinking over the course of those few weeks? >> "the wall street journal" is saying that attorney general merrick garland did think for quite some time about this search, and this search warrant. we know from his public statement last week that he personally approved doing this search at mar-a-lago and everything we know about merrick garland and in his past as a judge, he's a very deliberate guy, he's a type of person who takes time to review things. and for him, and also for the justice department, they do not choose words in a way that is cavalier whenever they write court filings. we're paying attention to everything that the justice department is doing here. it is quite significant what they're saying in court. >> yeah, highly classified materials as they describe them, katelyn polantz, thank you so much. a attorney for rudy giuliani says his client has been told by prosecutors in georgia that giuliani is a target of their

ongoing criminal probe and efforts to overturn the results of the 2020 election in georgia. >> in his first public comments, trump's former personal lawyer slammed the investigation while arguing he's protected by attorney/client privilege. listen. >> when you start turning around lawyers into defendants when they are defending their clients, we're starting to live in a fascist state. >> wow. cnn's nick valencia joins us from atlanta. so, nick, all of this happening as giuliani is set to appear tomorrow before the special grand jury in georgia. what is the latest? is he planning on going? >> reporter: yeah, good morning, jim and bianna. i just reached out to giuliani's atlanta-based attorney to see if he was en route. we have not heard back. we do know that giuliani had made multiple efforts to try to get a continuance on his testimony because of health concerns. a judge ultimately ruled here in fulton county he must appear on wednesday and he'll be doing so

as a target of this criminal investigation. and the development is a significant one. this is the first time a member of the former president's inner circle has been named as a target of this criminal investigation and just to remind you, it was giuliani who appeared three times before lawmakers here to spread conspiracy theories in the wake of the 2020 election. false claims about voter election fraud, claims that have since proven to be untrue. just listen to the types of things he was saying in december of 2020. >> they look like they're passing out dope. not just ballots. it is quite clear they're stealing votes. >> the people in fulton county were instructed not to look at signatures. not only do you have testimony of that effect, you have film that shows you them not looking at the signature. doing this. do you have the courage to stand up to the obligation of the constitution of the united states, put on you to save our

people from fraud? do you have the courage to put up with what is going to happen if you in fact change that certification and do the right thing? >> reporter: although giuliani is expected to appear here before that special purpose grand jury, getting answers out of him might prove to be a tall task. his attorney says while he's expected to appear, he cannot make any promise s or guarantee on how responsive his client will be. jim, bianna? >> nick valencia, thanks so much. joining to discuss is daniel goldman, lead counsel for trump's first peach, we should note he's now candidate for congress for the democratic party in new york's tenth district. daniel, thank you for taking the time this morning. >> thank you for having me. >> so first, from a legal perspective, as we look at this investigation in georgia, as it relates to giuliani and potentially if it gets there to trump. what is the the standard to reach or back up a potential indictment here, criminal indictment for anyone involved in this? what would you have to prove?

we know that they were trying to get folks, pressure folks to overturn the results there. what would make it criminal? >> right. well, in order to file an indictment, you only need probable cause. but generally prosecutors don't file indictments unless they can prove the allegations beyond a reasonable doubt in front of a jury. that will be the standard they will use. the law, the election laws and the racketeering laws in georgia are quite friendly to the prosecution, in the sense that there are specific state laws that are really directly on point with donald trump and his associates' efforts to interfere with the election in georgia and to use their authority, their federal authority and power in order to do that. what i find very interesting is that the racketeering laws in georgia, which this district attorney has charged before, are pretty friendly to the

prosecution. broadly speaking federal racketeering laws are very helpful laws if you can charge them, because it allows the prosecutor to sweep in evidence from all over the place. much more evidence than you might otherwise be able to put in. and i believe that the georgia law also would allow some of that evidence from other states to come in, in order to prove the case under georgia law. and that may be very important to prove intent here. >> and, daniel, giuliani's attorney has suggested that it would be a waste of time for him to travel to georgia, to appear before the grand jury because he would just be invoking attorney/client privilege. given he's a target of this investigation, it appears that the focus is on his own actions, not any interactions he had with the former president at the time, so can we just expect him to plead the fifth repeatedly? is that the best argument he has going forward? >> yeah, very much what he will be asked has nothing to do with

his representation of donald trump. it has to do with his own lies, his own misstatements, his own involvement in the fake electors scheme. none of that has anything to do with attorney/client privivpriv. he will not be able to assert that with any good faith basis. and, look, there is no reason a target of an investigation would ever appear in front of a grand jury. in fact, in federal practice, when i was a prosecutor, we would never even subpoena a target of an investigation, that's improper. so i don't see any world in which rudy giuliani actually goes before the grand jury and gives any testimony. once you get a target letter and you have to go before the grand jury, you almost certainly plead the fifth. >> understood. another topic and that is the ongoing investigation of classified documents held at president trump's florida estate. the doj released some information, they said they do not want to release the full

affidavit, to back up the search warrant, making the argument it would basically expose the entire investigation here and make it harder to carry out the investigation going forward. i wonder given your experience, is that a reasonable arguement? >> yes, ordinarily the search warrant affidavit is not turned over until someone is charged with a crime using evidence from that search warrant. and the reason is that the affiant, usually the fbi agent, lays out in great detail all of the evidence na underlies the request to get a search warrant. and the judge will analyze that evidence and make sure that there is sufficient evidence to show probable cause to sign the search warrant and authorize it. so it is absolutely a road map of what all the evidence is, and, jim, just to give you a reason why it is so important, one of the things that made the january 6th hearings so

compelling and so important is that the one witness did not know what the other witness said. imagine now if there are future witnesses in this case and they can read all of doj's evidence, they will then be able to tailor their testimony to what the doj already knows. so it is a very important argument. >> yeah. you say ordinarily, though, as we note there is nothing ordinary about this particular investigation. daniel goldman, thank you as always. >> thank you. well, just minutes ago, polls opened in wyoming, where republican congresswoman liz cheney is facing an uphill battle to keep her seat. we'll take you there live. plus, should monkeypox be classified as an std? details on the debate right now among health experts. and later, the suspect in a fatal shooting in a youth football game has now turned himself in. what witnesses are sharing about the moments that led up to this tragedy.

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it is primary day for voters in two key states. in alaska, trump-backed kelly chibaca is attempting to unseat lisa murkowski. murkowski voted to convict trump in his second impeachment trial. due to the primary system, it is likely both candidates will end up on the ballot in november. in another key race, three candidates including former alaska governor and vice presidential candidate sarah palin are running to fill a house seat left vacant by the death of congressman dan young there. in wyoming, liz cheney is facing an uphill battle amid fierce opposition from within her own party. cheney, who has been a loud critic of former president donald trump, and voted to impeach him, is facing several republican challengers including harriet hageman. >> cnn chief national affairs correspondent jeff zeleny is in wilson, wyoming, this morning. you've been talking to a number

of voters, both republican and democrat. i wonder how they see this race. >> reporter: well, good morning, jim. there is no doubt that voters here have really been inundated for the last several months in a multimillion dollar ad campaign from both sides. of course, liz cheney, running for her fourth seat -- her fourth term rather, really is facing an uphill battle with republicans. she knows that. in the final days of this race, she's been reaching out to some democrats and some independent voters through grassroots efforts to try and at least narrow the margins. we have been speaking to so many voters here over the last several days. annette langly is someone we met yesterday in jackson. she said she's voting for cheney for the very first time. >> i had to change my party today to vote for liz cheney because i'm really concerned about the misinformation that is going around the country, and i never thought i would vote for a cheney. but she has earned my respect over her handling of the

hearings over january 6th, and i just -- i felt she needed -- she might not win, but she needs as much support as possible for doing what she's doing. >> reporter: but, of course, there are so many more republicans in this state of wyoming. donald trump carried the state in 2020, he won 70% of the vote. his biggest margin in any state in the country. so he has endorsed harriet hageman, long time lawyer here in wyoming. she has run for governor before, a popular figure among republicans in her own right. so the question, mathematically speaking, is it even possible for enough democrats and independents to cross over to pull out a victory for liz cheney? her supporters, her advisers are not expecting a win tonight necessarily. the bigger question is looking for her path forward, regardless of what happens here today, if she falls short or not. she still remains the vice chair of the january 6th committee, they'll be holding hearings beginning again in september. she'll keep her congressional

seat until early january. and then the bigger question is what are the next steps for her, her aides say she intends and she will stay in this fight, jim. >> just fascinating to hear democrats say i never thought i would vote for a cheney. jeff zeleny, thank you. well, joining us now to talk about all of this, cnn political analyst and national political reporter for "the new york times," and sun min kim, reporter for the associated press. if liz cheney loses, as she's expected to, what does this say about the hold that donald trump continues to have over the party? it appeared to be slipping a bit over the summer, clearly not as much now. >> it shows his hold, his grip over the republican party is very strong at this point. let's look back at the ten house republicans who voted to impeach trump over the january 6th insurrection. if congresswoman cheney lizes as she is expected to do tonight,

that means only two of the ten will survive to the november general election. everyone else would have lost their primary or decided to retire instead of running again. and those two republicans who did survive kind of put their heads down, didn't talk about trump, wasn't vocal in the way that obviously congresswoman cheney is. i think it is pretty clear in the short-term how strong republican -- how strong donald trump's power over the republican party is right now. but i think what is pretty clear is that liz cheney is really looking at the long game, she may lose this battle, but she's looking to win the broader war over the republican party when it comes to the big lie. she's not going to go away quietly anytime soon. >> wyoming voted 70% for trump in 2020, by the biggest margin at least in the state level in the country. there is talk about what cheney does next. she said very openly this is not the end of a political path if she were to lose tonight, possible run for president. but i wonder from a practical

standpoint, what would be the path for her, right? because while democrats, some are supporting her now, she is a very conservative republican on many of the key issues, and then on the republican side of the ledger, a candidate like that making a real run for the republican nomination, someone who is so disavowed trump doesn't seem that there is a lot of potential there, given the power of his base. what is the practical path forward for her? >> yeah. that's a great point. if this was a -- if we had a president ial primary that was decided by washington, d.c., liz cheney would be in a much stronger position. without that, it seems to make as much practical sense as other third party long shot odds that we have seen in the republican party. you have donald trump that still maintains if not absolute kind of power over the base, then certainly relative power than any of those competitors.

and even more so than donald trump himself. you have a republican base that is just not aligned and where cheney is. not in terms of working with democrats, not in terms of how they view january 6th, and who frankly don't feel the sense of urgency or need to change the party's direction that she is articulating. she is making an argument that some republicans have agreed with, but mostly those people have voted for democrats in years past, helped make joe biden president. and the path forward for her looks relatively unclear. she certainly had a lot of national attention in terms of looking ahead to 2024. but i think the only story that is for sure is the story that we have right now. and that is that when she has made this a referendum, she made her election a referendum about trump and january 6th, her voters have taken that on and rejected her for that. this is still a party that backs donald trump, and does not view the 6 as disqualifying. until that changes, it is hard to see where the liz cheney republican party goes.

>> and she continues to say that investigating january 6th remains the most important part of her job throughout her career. let's turn to the other elections. seung min, in alaska, a complicated election race there in the house due to the death of congressman don young. among the candidates, a blast from the past, sarah palin, do we expect her to come out? this is rank choice, we're not going to get any result as of tomorrow. >> right. right. she certainly has the name i.d. she certainly has a history of being able to win in alaska. we'll see if that appeal she has had over years, though she clearly has been out of the political spotlight for several years, but we'll see how appealing -- or how much appeal she retains. she has the support of donald trump and that should propel her, you know, significantly, but there is some anecdotal evidence out there that some

alaskan voters feel she has kind of gone national and kind of forgotten about alaska. twi it will be interesting to see what happens tonight. >> lisa murkowski, she's got a republican challenger, but they have a rank choice system, it is likely that two republicans, murkowski and tshibaka come out of this race. where does that race stand in the fall, does murkowski have the votes there? >> yeah. i think we have seen murkowski overcome a challenge before. she went through a write-in campaign, has roots in that state, name i.d. in her state, but donald trump has a grip on certain sector of republicans. she'll make it through the top four voting system for the fall. but it is that time that we'll see donald trump put real pressure and exact that rerveng

campaign for those who voted for impeachment. >> astead, seung min, thank you to both of you. coming up, trump allies accused of secret scheme to access voting machines in at least three key battleground states after the former president's election loss. we're going to speak with the reporter who broke this important story coming up. >> really stunning story there. we're moments away from the opening bell on wall street, where futures are down slightly this morning. several major retailers posting earnings today. home depot out with earnings and revenue that came out on top of analysts predictions. walmart also beating expectations this morning despite a rare warning last month that high food and fuel prices have forced shoppers to slow spending. we're keeping an eye on all of this for you. stay with us.

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a new report from "the washington post" reveals trump allied attorneys led, quote, a secretive multistate effort to access voting equipment after the former president's 2020 election loss. the post obtained emails and other records showing those lawyers directed a team of computer experts to copy sensitive data from election systems in georgia. >> the post also reports that those trump allies asked a forensic data firm to access

county election systems in three battleground states. a lawyer for plaintiffs in a federal lawsuit over the security of georgia's voting systems calls the scope of the effort, quote, mind blowing. "washington post" investigative reporter aaron c. davis joins us now. good to have you on here. there is an alarming irony here, right, in that after more than a year of arguing, accusing others of somehow attacking or accessing voting data from the italians to the venezuelans, you have evidence that trump allies were doing this, can you describe how they did this, and how widely? >> well, thank you for having me. some shocking things here in these documents. the biggest new thing we did learn is as you said that entire hard drives of election systems software, election systems used to this day across the state of georgia, and also were copied

and then shared among a constellation of trump allies. and we, you know, if you look back at the early days after the election, it seems so frenetic, almost as if anybody, you know, working or interested in trying to support trump's ideas were just taking on their own volition to do something. these documents show it was in fact organized, that attorneys -- in one case an outside counsel for the trump campaign, another case sydney powell, were directing these computer forensic experts to go into states and wlhenever they had the held of a local election official to go in there and copy as much as they copossibly coul. >> so, aaron, how did these outside computer zperts even have access to these election machine servers? >> well, in the case of georgia, kind of this new one we focus on

a lot in the story, you know, a former elections official had told the post and we previously reported this that she let in some trump supporters to try to prove in fact this election hadn't worked the way it was supposed to. she didn't believe biden should have won. and so she allowed in, it turns out, a person who works in the bail bondsman business, and then he in turn contacted his sources with the trump campaign, and emails show that ultimately elections officials and county clerk down there were receiving information from this computer forensics firm that was in touch with a former national security official who was on trump's side, and they all worked together to get this team down there. on january 7th, pardon me, it was the day after january 6th as, you know, as d.c. was just reeling from what had just happened here, there was a team of computer experts driving and flying to covey county, georgia,

to obtain elections -- information to continue this idea. >> do we know, is there any implication or evidence, there were attempts to manipulate that data in any way? >> so that is a big question here going forward. and, you know, while you can understand that back in 2020 there was so little truth to all the things that the conspiracy theories that were being said, i think now we have to raise the -- open our minds to the question of how vulnerable is this data going forward? dominion voting systems, other outside experts, say there are accuracy testings before an election, you know, and afterwards that can help verify the outcomes. but there is now a question of what can be done with this election software, the entire in some cases the entire hard drive of dominion voting systems, what can be done with that potentially to sabotage future election efforts and that's something we'll be looking at. >> right. since there is no centralized

oversight, it does appear to be a state by state basis which is a bit alarming. on the one hand, that defended our election integrity by saying this wasn't centralized, but if you're having these experts being able to go into various states and access this data, it is worrisome. what are the legal implications and what are -- how are these states reacting to this? >> well there is already a criminal investigation in michigan and the attorney general there has sought an independent counsel to see if there was a conspiracy along these lines to obtain voter -- voting election system information from both multiple counties. you almost wonder if there is a parallel process that can now play out in georgia. the plaintiffs attorneys told us that they will provide this information to the fbi, and to criminal investigators. and in fact they haven't even opened up some of it as we understand, treating it almost as if it is stolen information. and so what happens now

criminally in georgia is a question, the civil case is raising these questions of what should georgia be doing heading into november and beyond to ensure the election systems are safe. >> aaron c. davis, thank you so much, very important reporting here, we'll continue to follow the story. we appreciate your time. >> thanks for having me. more news now, in fact, this just in to cnn, first lady jill biden has tested positive for covid. we'll have a live update right after a quick break. hybrid work is here. it's there.

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this news just in to cnn, first lady jill biden has now tested positive for covid. cnn's arlette saenz joins me now from the white house. arlette, tell us what we know. >> reporter: well, jim, first lady jill biden tested positive for covid-19, according to her communications director elizabeth alexander. she started experience something cold-like symptoms last evening. and initially tested negative on a rapid antigen test, but a pcr test did come back positive for the first lady. now, alexander also wrote in a statement, quote, the first lady is double vaccinated, twice boosted and only experiencing mild symptoms. she has been prescribed a course of paxlovid, something her husband, president joe biden, took when he had covid-19. now the couple has been spending the past week really here, close to where we are, in kiawah island, south carolina, on vacation. the president is scheduled to

travel back to the white house today, karine jean-pierre said he tested negative on a antigen earlier today. the first lady had been planning to florida. but she will remain in isolation at least for five days. she is dstaying at a private residence in south carolina. we have seen the couple on very few occasions while they have been vacationing here. on sunday, the first lady went out for a bike ride with her husband, the president. she was also spotted shopping in one of the nearby towns as well. but for the time being, the first lady jill biden has tested positive for covid-19, and will remain in isolation here in south carolina. >> experiencing mild symptoms, we wish her a speedy recovery. arlette saenz in kiawah island, south carolina, traveling with the bidens, thank you very much. also this morning, as the number of monkeypox cases in the u.s. nears 12,000, the cdc says it is focusing vaccination efforts on the community

currently most affected by the outbreak. the biden administration's deputy monkeypox coordinator spoke to cnn earlier. >> we're at this point right now where the epidemiology is telling us the population that is being affected, so gay, bisexual, other men who have sex with men, we need to use vaccine in a way that addresses not only contacts, but in a more broad way. >> there is, though, a growing debate about whether monkeypox should be described as a sexually transmitted disease as most cases have been linked to some sort of sexual activity. jacqueline howard joins us with more on this. most, not all, and i suppose the question is it the sex or the physical activity, right? because there are other ways to transmit this than sex, if i have it right. >> exactly. that's exactly right, jim. there are ways to transmit this that are not sexual. so i did reach out to the cdc on this, and the cdc told me that right now they're describing

monkeypox as sexually transmissible, but do acknowledge there are nonsexual ways that the virus can spread. i also spoke with the national coalition of std directors, they're calling the disease sexually associated right now. and, again, that's because that even though right now we are seeing some cases associated with sexual activity, we also know that the virus can spread by simple skin to skin condition tact with the lesions on the skin that the virus causes during an infection. it can also spread through saliva or respiratory secretions and also while this is rare, there is potential for it to spread through contaminated objects like bed sheets or towels or sharing of utensils. so those are some examples. but with that being said, jim and bianna, we also know that the std clinics in the u.s. are bearing the brunt of this outbreak. you see some numbers here, the national coalition of std directors did a survey of more than 80 clinics. 22% said they had to reduce

screening for other stis to prioritize treating monkeypox patients and testing. 40% said they incurred unexpected expenses due to the response to this outbreak, and 65% said they had to modify work flows to manage monkeypox. so while, again, the conclusion seems to be that right now we're not calling this an std, clinics do seem to be bearing the brunt of this, and they also told me that they really want to focus on reducing stigma. anyone can get this infection if you come in contact with someone who is infected and if the virus is transmissible. so let's not stigmatize the disease or those who are ill. let's focus on the response. jim and bianna? >> lessons from the dark days of stigmatizing it and the early days of aids and hiv. obviously the focus here is on the spread among humans. there are now reports of a dog who has tested positive for monkeypox. what more do we know about this?

>> there have been reports of that. and i also want to make clear before this outbreak, we saw the virus typically spread from animals to humans. so this is what is called zoonotic, we see some human to animal or animal to human transmissions. if you come into contact with the lesions on the skin it ooze easy for the virus to spread that way. it is not surprising to hear of some reports of animal to human or human to animal transmission. and one reason why this current outbreak has really gotten our attention is because we really haven't seen human to human spread on this current level in the scientific literature before. so that's really one aspect of this current outbreak that seems to be unique when you look at the literature and seeing this level of human to human spread because before the current outbreak, most of the spread we saw was typically an animal to human transmission that led to the virus being introduced into humans and our social network

and we saw some limited spread, so that's why this particular case, bianna, is interesting. >> yeah. >> no question. so glad to have you following it and clear things up, jacqueline howard, thanks so much. >> thank you. still ahead, an argument at a youth football game turns deadly. the suspect accused of shooting and killing a coach has now turned himself in. what we're learning about him up next. eat river past extraordinary landscapes into the heart of iconic cities isis a journey for the curious traveler, one that many haveve yet to discover. exploring with viking g brings you closer to the world, to the history, the culture, the flavors, a serene river voyage on an elegant viking longship. learn more at viking.com

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vote yes on 27. a man accused of shooting and killing a coach during a youth football game near dallas has turned himself in. police a 43-year-old michael hickmon was killed saturday,

while coaching his son's team. >> police say it all started with a fight between coaches and the officiating crew. cnn has obtained video of the moments leading up to the shooting. got to warn you, it is disturbing. >> lord help us. that was a kids' sports game. cnn senior national correspondent ed lavandera is live this morning in dallas, he's been covering this. i mean, what do we know about how this happened? >> reporter: it was obviously some sort of altercation between the coaches of this opposing team. it was supposed to be a preseason game, getting ready for the upcoming football season. this all happened in a city of lancaster, a suburb just south of dallas. police there is a that it was an altercation that started with over some sort of officiating issue. at one point toward the end of the game. as you heard there, the coaches

involved in a severe altercation, and you heard five shots fired there. police say the sister of the victim, 43-year-old michael hickmon, tells us he passed away at the hospital. and his son, who was playing in the game, witnessed it all on the football field. police say that the suspect they have in custody is yaqub talib, he is the brother of aqib talib, who played 12 years in the nfl. he was also at the scene there. we should point out that authorities are not saying he was involved in any way at this point. but yaqub talib turned himself in yesterday afternoon, almost two days after this incident happened. lancaster police say he fled the scene, left with the firearm. we spoke with an attorney representing yaqub talib and he said that he is saddened by the tragic loss of life, and that he turned himself in so he could tell his side of the story. we asked the attorney exactly

what his side of the story might be. and jim and bianna, he says that self-defense could very well be an issue in this case. >> so sad to see this take place in front of all those children. ed lavandera, thank you for covering. still ahead, new details in the fbi search of trump's mar-a-lago home. doj says the affidavit for that search warrant contains highly classified information and that releasing the contents could hurt the investigation going forward. we're going to have more coming up. we're a different kind of dentistry. one who believes in doing anything it takes to make dentistry work for your life. so we offer a complete exam and x-rays free to new patientwithout insuraplus, patients. get 20% off their treatment plan. we're on yourorner and in your corner

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fighting the release of the affidavit that lays out the case for the search, pointing to highly sensitive information about witnesses interviewed by the government. >> we are also learning new details about the attorney general's thinking before the fbi came knocking on trump's door. according to "the wall street journal," attorney general merrick garland deliberated for weeks before approving that warrant application. a big question now, will he pursue criminal charges against the former president? plus, another trump ally is under legal pressure. rudy giuliani speaking out after learning prosecutors have named him as a target in their special grand jury investigation in georgia. details on that development in just a moment. there are lots of them. let's begin with katelyn polantz in washington. so, first, walk us through the doj's position on what would be a rare step of making public an affidavit for a search warrant