hello, i'm victor blackwell. within to "cnn newsroom": former president donald trump is under deposition in a civil probe of his family business. when it started this morning, he invoked his fifth amendment rights, that's especially notable given his repeated criticism of people who take the fifth. >> the mob takes the fifth. if you're innocent, why are you taking the fifth amendment? >> when you have your staff taking the fifth amendment, taking the fifth so they're not prosecuted.

when you have the man that set up the illegal server taking the fifth, i think it's disgraceful. >> have you seen what's going on in front of congress? fifth amendment, fifth amendment, fifth amendment. horrible. horrible. >> lawyers are deposing him in a civil investigation by the new york attorney general looking into the trump organization's allegedly misleading lenders and insurers and tax authorities by providing them inaccurate financial statements. now, this case is separate from the federal criminal probe of presidential documents. that one led to the fbi search of trump's florida home on monday and the two cases join a whole host of legal troubles facing the former president who may soon announce a 2024 run. cnn's kara scannell is outside the new york attorney general's office. so two questions here. why did he refuse to answer questions? also, how is he explaining this apparent hypocrisy on the fifth amendment? >> well, victor that was a quite

a montage that you just played. so the former president arrived here about five hours ago, and shortly after his arrival, he issued a statement saying he was not going to answer any of the questions, that he was going to assert his fifth amendment right against self-incrimination. in a lengthy statement trump said the reasons he was doing that is because the new york attorney general latetitia jame is a democrat. he accused her of bringing a politically motivated investigation. he said what solidified his decision was the fbi search warrant that was executed on monday at his home in mar-a-lago related to a different investigation. so in this lengthy statement, i want to read you one part of what the former president said. this goes right to the point of those previous statements he had made. he said i once asked if you're innocent, why are you taking the fifth amendment. now i know the answer to that question, when your family, your company, and all the people in your orbit have become the targets of an unfounded politically motivated witch hunt sp supported by lawyers, prosecutors, and the fake news media you do.

he's saying this he's not going to answer these questions because of that. he's been in there for five hours, and just for a point of context, letitia james' office is investigating the trump organization and whether its financial statements that were provided to lenders, to insurers and used in their tax statements was accurate. she said the way to get to the bottom of that, she wanted to know who was involved in creating those statements and coming up with the values of the properties. that's why she wanted to interview the former president. today in recent weeks donald trump jr. and ivanka trump both came to this very same building and answered questions under oath. they did not invoke their fifth amendment. now, we don't know how long trump's going to be in there, but they can continue to ask him question after question, and he can just keep asserting the fifth amendment. eric trump, the other son of his who runs the trump organization, he was deposed in 2020. at that interview he had asserted the fifth amendment more than 500 times. so waiting to see how long he'll be in here. we're about five hours now, victor. >> five hours, that count can go

pretty high. kara scannell, thank you very much. we're also learning new details about the fbi search of mar-a-lago. this came after authorities suspected trump or members of his team did not return all the materials belonging to the government at the end of his term. officials believe these documents had national security implications according to a source. cnn's senior crime and justice reporter kaitlan katelyn polantz joins me now. >> what we're learning is there were pretty serious concerns that law enforcement had. we now know when federal investigators went into mar-a-lago on monday there was an awareness that what they were retrieving could have national security implications if that information had gotten out, and they had taken the step even to obtain surveillance video from the property to see how things were going there. of course this was part of an ongoing criminal investigation. it was known and it was coming several months after the national archives first there were claimed documents that

trump shouldn't have had on the prof property in florida. they may not have been completely truthful when they were working with investigators. that's some of what we know now about what was going on leading up to this search on monday. victor. >> so what's the team's explanation of why these documents were at this resort on palm beach? >> well, according to several sources on trump's side, advisers thought it was okay apparently. they were around him, and they thought this investigation really had stalled out. they were clearly in touch with authorities over the past several months. they had that visit in june at mar-a-lago with law enforcement, but things were pretty quiet in recent weeks, and now we are starting to see trump advisories push back on at least the possibility that the classified records were found on the property, but they were -- may not have been classified niche. kash patel who was an administration official, he told fox news last night that trump was declassifying records whenever he was president. but if president trump had actually declassified these,

that is a really murky fact to nail down because of how broad the authority for a president has, that a president would have to declassify, and of course victor, trump lost that declassification power the moment he left office, so it's a pretty complicated situation there. >> yeah. let's talk about this republican congressman scott perry, pennsylvania last night, he said the fbi seized his cell phone. what do you know? >> right, well, we don't know exactly why they did this, and perry hasn't disclosed that, if he even knows, but i did learn through a source last night that the justice department inspector general's office is mentioned on perry's search warrant as doing some work there involved in the forensics of that phone. so the i.g. is the office at the justice department that looks at wrongdoing by employees in that agency, and we know they're also involved in recent searches of trump's election attorney john eastman and of jeffrey clark. he was the doj employee whom trump wanted to install as attorney general in january 2021. so that's all part of the january 6th criminal probe that

the justice department is doing. it's not clear right now if all of these searches came in the same investigation, but victor, scott perry is not a stranger to jeff clark or to trump. in fact, he introduced them around the time of the 2020 election. we also know he was in touch with mark meadows, the white house chief of staff. >> katelyn polantz watching the new developments there and breaking some news. cnn law enforcement analyst andrew mccabe joins me now. he is the former fbi deputy director. andrew, good to see you. let's start here with what we learned from katelyn right at the top there. the concern was that these documents have national security implications, and that's why they went in to get them. does that detail justify now this unprecedented step of executing a search warrant at a former president's home? >> it might, victor. it might. so i think the real question here is how we got from a

meeting at mar-a-lago with prosecutors and agents sitting down with the folks at mar-a-lago in june all the way to an abiding interest of recovering that material through a search warrant. that's the big mystery here, and i think quite frankly, i think it would be helpful if the department or the bureau stepped forth and spoke to that a little publicly, i doubt they will but that's a different issue. the fbi is in a really tough spot, right? because when they know that classified material is being stored in a place that's not authorized to store it, they are supposed to go recover that material to make sure that they've mitigated any potential threat to national security. so presumably they knew there was classified there during the meeting in june when they were able to go through some of those boxes and see exactly what was there. so they were in probably a very uncomfortable and awkward balance, trying to recover that stuff but maybe working through the folks at mar-a-lago to do

so. for some reason they decided that working with them was not going to be sufficient, and they went with the search warrant. >> i wonder, though, if the time line is enough here. because as we have reported, the first inklings of there being some documents that should have been handed over to the government, that was in may of 2021. there are of course talks, there were boxes retrieved, and if they thought there were still documents there, we've now hit that 90-day point before an election, and if the thought was at doj, if we don't get them before these 90 days, then trump could be a candidate, potentially a president, and the next chance we'll get an opportunity to get these would be, what, 2029, and that is the calendar that led to what happened. what do you think? >> those are all very good possibilities here, and the unfortunate and frustrating fact is we just don't know what happened. so you're absolutely right. this thing goes back over a year, right? so the national archives is talking to the trump folks to

try to get the things that they've heard or down at mar-a-lago. they do recover the infamous 15 boxes in january. in february, based on their review of that material, they're so concerned that they go to the justice department and ask them to open a case, which the justice department does. they impanel a grand jury. they serve a subpoena on the national archives so they can review the material, so you can see a clear pattern of escalation, of concern, and of approach to this issue, and that culminates with this weird meeting in june at mar-a-lago in which you can imagine they tried to negotiate some sort of resolution. something happened after that meeting that led the doj and the fbi to think we got to go get that stuff right now. >> yeah, again, we won't know unless they go public with that, which is at this point unlikely. e let's turn now to this defense we're hearing from trump's supporters, his camp there that the classification of these documents, that's taken off the table. listen to the explanation from

fo former defense department chief of staff under trump, kash patel. >> president trump on multiple occasions at the white house declassified whole sets of documents including, i'll remind you and your audience that around october of 2020, he issued a statement from the white house declassifying every document related to not just the russia gate scandal but also the hillary clinton email scandal. when the president says that, that's it. he's the unilateral chief and sole authority on declassification. >> essentially that these documents have been declassified. must there be some provable documentation of the declassification of those records? >> so this is a really interesting question. so is there a requirement, a process requirement on the president's authority? no. there is not but the devil is in the details, right, victor, as always. >> yeah. >> as a matter of practicality, if the president wants to declassify things, he has to issue some directive or

statement or communication so that other people will then be free to treat those materials as no longer clatsssified. in other words if the president just thinks it and keeps that thought in his head, he hasn't actually executed the authority that he has. in this case, had he done that in a timely fashion and communicated a clear and effective declassification of this specific material, it's likely that his lawyers would have produced that to the justice department and the fbi earlier on in this conflict. the fact that they didn't -- >> is just verbally saying everything in those boxes go into mar-a-lago is now declassified, saying that to a person while he's president who's on his staff, is that enough? >> it's -- does he have the authority to do that? yes. is that going to be effective? no. that person who you're telling to pick up that stuff and take it to mar-a-lago is going to need something more than this conversation they can't prove. so as an effective matter, he's

got to have written something, communicated something, sent an email for crying out loud indicating what it is he wants to declassify. can't just wave the magic wand and everything around you becomes unclassified. it doesn't actually work in practice that way. >> all right, all important details will be crucial moving forward in this investigation. andy mccabe thanks for helping us understand it. >> the justice department has charged an iranian national for an alleged plot to kill former national security adviser john bolton. why he was targeted. and inflation took a much welcome breather last month, what the new data means for your budget.

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the justice department announced criminal charges against a member of iran's islamic revolutional guard for allegedly trying to assassinate former trump national security adviser john bolton. cnn national security correspondent kiley atwood has the latest. the doj says that iran, an official there attempted to pay people in the u.s. to do this. what do you know? >> yeah, so the doj rolling out these criminal charges against this iranian who they say is a member of the irgc for att attempting to carry out this plot to kill the former national security adviser john bolton, and according to the information that came out from doj today, as you said, this person, this iranian was offering an individual in the united states, an fbi informant, $300,000 to carry out this murder, and some remarkable details with this iranian sending a map that

showed john bolton's office on it, and in the image of that map, the screen shot of that map that doj was able to get its hands on, you could see that the location of bolton's office was about 10,000 kilometers from the location of where that screen shot was taken. that is about the same distance from tehran to washington, d.c. this individual also sent this fbi informant images of bags of money, apparently, of course, that would have been the money that he was willing to pay him if he carried out this assassination plot. now, we should note that john bolton today is thanking the fbi, doj, secret service, and he also said this in his statement saying, while much cannot be said publicly right now, one point is indisputable. iran's rulers are liars, terr terrorists, and enemies of the united states, their radical anti-american objectives are unchanged. their commitments are worthless,

and their global threat is growing. now, we should note this isn't the first time that iranians have tried to carry out plots to go after americans here on u.s. soil or foreign officials on u.s. soil. they tried to carry out a plot to murder the former saudi ambassador here in the united states a few years ago, so there is precedent here. now, we do have the white house, the national security adviser jake sullivan coming out with a statement saying that there will be repercussions if iran continues with this kind of thing. and so you see them very much standing by john bolton. it's important to note that this plot was begun to be kind of come together in october of 2021. we know that john bolton, according to a source familiar was made aware of threats against him in 2020, but it wasn't until late 2021 that he got secret service protection, and now, of course, we are learning why he would have had that secret service protection.

victor. >> kylie atwood for us, thank you. be sure to watch "the situation room" wolf will speak with him about that plot to kill him. economically we still have some work. the bureau of labor statistics reported that inflation finally cooled in july. consumer prices increased 8.5% year-over-year, slower than the 9.1 increase in june. >> when you couple that with last week's booming jobs report of 528,000 jobs created last month and 3.5% unemployment, it underscores the kind of economy we've been building. we're seeing a stronger labor market where jobs are booming and americans are working, and we're seeing some signs that inflation may be beginning to moderate. >> cnn business correspondent rahel solomon is joining me now. so listen, still high. >> still high. >> not as high, though. >> not as high, and not only was this a decline, but this was

also better than most economists were expecting, so we don't get to say that much these days when talking about inflation. core inflation remains steady, and month over month inflation, we didn't add to that, right? you saw that 0% there. that is certainly positive news. when you take a look back, a step back, and think about where we're coming from and look at inflation over the last few years or so from january 2020, you can see inflation is still very high. 8.5%, according to this latest report. but maybe, just maybe, that 9.1 was the peak. maybe the worst is behind us. but if you are at home and you're watching this thinking what peak. this is probably why, look at gasoline prices. higher by 44% compared to a year ago. food prices almost 11%, and shelter, which is really concerning, 5.7% from a year ago. so this probably hasn't sort of trickled into sentiment yet. people clearly know that inflation is still problematic, and by the way, the fed is looking for several reports. this is not enough. several reports before the fed starts to feel like inflation is really easing. >> yeah, there's another cpi

before they meet in mid to late september for that interest rate decision. so we saw how much prices are increasing. how are people adjusting? >> well, this is interesting. people are bargain hunting. they are shopping around. we just got a new report out today from information resources iri, it's a market research group that does research on this type of consumer products, and what they're seeing is that people are shopping around. i mean, 55% of ice cream sales heading into july were on promotion, right? i mean, even in terms of, i don't know, is it too early to talk about liquor, but even in terms of -- >> never. >> alcohol sales, value brands of liquor sales, that increased more than 4%, and when i asked the analysts behind this report, what's that about? she said people still want to enjoy their luxuries, but they're trying to do it a little bit more -- in a more cost effective way. >> i'm still going to get my taste, but i'm not going to go crazy with the expensive brand. >> exactly. rahel solomon, thank you. republican allays of former

president trump are pressuring him to speed up his plan to announce his 2024 presidential bid after the search of his home. how this could affect the rest of the gop field in the middle terms next. i typed in grandma's name and birth year... and there she was, working at the five and dime. my dad's been wonderg about his childhood address for 70 years... and i found itin five . ...that little leaf helped me learn all the names from the old neighborhood... it felt like a treasure hunt. the 1950 census adds vivid new detail to your family story. and it's available now on ancestry.

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former president trump is enjoying a wave of support after the fbi's search of mar-a-lago, and some top republicans who

first urged trump to wait until after the midterms to announce his run for president in 2024 are now urging him to get in sooner. cnn's melanie sa nona joins us now. so explain the strategy here. >> reporter: victor, i would say this is more of a pr and defensive strategy than anything. look, republicans do not know what the justice department has on trump or what they're looking into, but they're trying to use that black hole to their advantage, and they think that by trump declaring a presidential bid now they can paint trump as a victim and try to paint the investigation and a potential indictment as nothing more than just a political witch hunt that's designed to take him down, and this is a really rapid shift in thinking among trump's inner circle because many of them wanted trump to wait until after the midterms to announce any presidential bid because they were concerned about trump being on the ballot in november instead of it being a referendum on president joe biden and the democratic party, but over the last 48 hours, we've been told that trump has just received a barrage of encouragement to run

as soon as possible, including at a dinner last night that he had with a group of house conservative members. i talked to one of those republicans that was at the dinner last night, republican jim banks of indiana, and here's what he told me about that meeting with trump. he as in trump told us that his mind is made up. it's just the timing of when he will make that announcement. my sense is he is fired up and ready to go, and he received a lot of encouragement in the room to get out sooner than later. now, victor, i'm also told that during this meeting trump and the group of house republicans talked about the types of investigations into the department of justice that republicans will pursue if they recapture the majority in the fall. and so this is really just another example of how republicans are rallying to trump's side in the wake of this fbi search, victor. >> melanie zanona with the reporting on capitol hill, thank you very much. let's discuss with s.e. cupp and cnn political commentator and former trump campaign adviser david urban.

welcome to you both. david, let me start with you. do you think that the former president should get into the race before november? >> no, victor. i would urge the president not to get into the race before november. i think that the president's entrance in the race would deflect a lot from the focus where it -- placing the focus where it should be on the record of the biden administration, right? joe biden has historically -- he's polling the lowest of any president in polling, in modern polling, even as far back as the eisenhower years, and right track, wrong track in america, 85% of americans believe the country is going on the wrong track. with really bad numbers like that, you want to focus on this administration, not on donald trump. >> s.e., what do you think? do you think it matters? no, i don't think there's any -- i think it's sort of delusional to think that trump is in a silo

and republican senate congressional candidates are running without him or apart from him. he's very much involved in these races. he's endorsing many candidates. he's, you know, not just dipping a toe but an entire leg into the midterm elections. i don't think especially republican voters are really separating trump from republican candidates, so i don't think it matters all that much when he announces or not. >> david, you try to get in there? >> yeah, look, i obviously disagree with s.e. on that point, right? i think that candidates matter. people vote for individual candidates. there are some where the president has waded in, he's dipped a whole leg and not just a toe, has waded in with wholehearted support. there are lots of races across this country where the president hasn't weighed in or people are running on their own merits and they haven't wrapped themselves in the cloak of trumpism, and i think they deserve a chance to be heard by the voters and not diluted by the message of this raid or anything else from now

until election day. >> listen, on this search -- >> good luck, i mean, good luck with that. i understand the desire to separate, you know, some candidates who don't want to be tainted by trump from trump himself, but good luck with that. this is all happening at the same time, not in a vacuum. >> we saw it last night. >> but s.e., my simple point is we should be -- if you're a republican, you want to run on the biden record, not on the trump record, right? >> oh, i'm not disagreeing with your strategy, david, i completely agree. i completely agree with your strategy. if i -- you know, if i were advising republicans, i would be saying exactly what you are. i'm just not sure it really matters all that much when trump gets in. i think he's already looming so large over the party, that's all. >> on this search specifically, we know that trump's base, the 30% or whatever of republicans, they are energized by this. >> yeah. >> do you think that this brings some of those republicans who were starting to separate after the january 6th hearings

thinking maybe someone else, this pulls them back? >> i think we're -- i think we're making too much of what this means for voters who were always going to vote for trump, and so of course they're energized. they were always energized. it's not like this -- they needed this pick me up. they were always with trump, and this just solidifies what they always thought about the deep state and the conspiracy theories, and then i think if you were really turned off by jan 6, something like this will probably continue to turn you off. this is an awful week for the president and the country. i mean, he's facing several lawsuits, his tax returns are going to be overturned, his home office was searched by the fbi. this isn't good, and so i think if you were already getting a whiff of wanting to move on thinking this guy's probably corrupt and maybe even got some, you know, facing some criminal charges, i think this continues to push you in that direction. >> but david, to that point,

wwhy are we seeing the potential 2024 opponents, nikki haley, former vice president pence, ron desantis, former secretary pompeo all coming out with these statements deriding the fbi, deriding the administration when this could help them if they just stay silent here? >> right, well, i think s.e.'s analysis of this, i think republicans writ large care a great deal about overreach from the department of justice and from the federal government writ large, right? i think that small government, you know, republicans, small government republicans find this repugnant and history of the re nothing like that has occurred. i think this has made donald trump a sympathetic character, which is very hard to do. i think it's made him sympathetic amongst a great deal more republicans. your question at the beginning of that, has this helped the president, i think they have, victor. i think people who may have been

outside the tent may be more inclined to be damn the torpedos, full speed ahead now that this has occurred. it's my take on it. i do think it's helped him a great deal this week. >> i think this a trump world talking point that all across the country people are very concerned about the overreach and losing confidence in the fbi and the justice department now, that is true amongst -- in maga world, but i think most people across the country think if you didn't -- >> s.e., come out of the white house. >> let me finish. if you didn't leave the white house with classified documents you don't have to worry that the fbi is coming to raid your home office. i think most people think holding even the president accountable is good. that's a good thing. that's a sign of a healthy -- of a healthy justice department, and a healthy fbi. i think this trump world talking point that the fbi is corrupt and the justice department is coming for average americans. >> if they did it for trump, they could do it to you. >> it's preposterous, and i

think -- >> listen, i'm not -- >> we're parroting it as if it's a majority opinion. it's not. >> i'm not going that far, s.e. what i'm simply saying is that a wide swath of americans are very concerned about a historical precedent. >> i don't think that's true. >> this is a presidential records act violation this is not criminal. >> are you kidding me, s.e.? >> no. >> they kicked down hillary clinton's doors to get her servers. >> trump set the precedent. >> s.e., could i finish? >> you have top secret information, top secret information on hillary clinton's computer, okay? i'm not sure if you're fraamili with how a scif works, s.e. >> you don't need to be condescending, david, i know what you know. trust me. >> i'm not, i'm saying it is a much bigger deal. nobody raided the clinton house in chappaqua. for you to say -- >> we don't need to compare and contrast. >> s.e., just let me finish. for you to say i'm parroting

maga world talking points because republicans wril writ large are concerned. >> you said a wide swath of americans. >> i said republicans, s.e., republicans. >> hillary's emails, bad. trump's documents, bad. secret service texts, bad. i want to see it all. i'm pretty fair and down the middle on this. i'm not saying one is worse than the other. you don't have to. it's all bad. but i think if you're going to apply that same level of scrutiny to hillary, we should apply it to donald trump, and i don't think people wide swaths of americans, believe that the fbi is corrupt and coming for them because they went for a president who set the precedent for doing things that no other president had ever done before. some of which may, in fact, be criminal. >> wrapping it there, s.e. cupp, david urban. thank you. >> thanks. the trial of vanessa bryant's invasion of privacy

lawsuit is happening now. she's suing l.a. county over the graphic photos that were taken at the scene of that helicopter crash that killed her basketball star husband and daughter. we've got the latest from the courtroom next. age is just a number. and mine's unlisted. try boost® high protein with 20 grams of protein for muscle health. versus 1grams in ensure high protein. boost® high protein also has key nutrients. r immune support. boost® high protein.

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new astepro allergy. now available without a prescription. astepro is the first and only 24-hour steroid free spray. while other allergy sprays take hours astepro starts working in 30 minutes. so you can... astepro and go. a jury is seated and opening statements are set to begin in vanessa bryant's suit against l.a. county. she's the widow of nba star kobe bryant. first responders who arrived at the helicopter crash that killed her husband, her young daughter

gianna and seven other people took and then shared grizsly photos of the scene. cnn's natasha chen is there. i understand one deputy actually showed these pictures at a bar? >> reporter: victor, yeah, that's right. in fact, that bartender who was shown these photos by a deputy trainee is here, subpoenaed as a witness for this case. now, the whole case really centers around the emotional distress that vanessa bryant said was inflicted upon her by just knowing that her team says eight deputies took photos of remains at the crash site including those of her loved ones and shared them, and shared them with people including firefighters, and that possibility of those photos surfacing is distressing to her, so she's suing for negligence, invasion of privacy, and that emotional distress. l.a. county, the deparfendant s that those photos never made it online and that's because shortly after this happened

sheriff alex villa knenueva ask those deputies to delete those photos off their phones. so the county says it's not possible to sue for emotional distress over a hypothetical that those photos could one day show up. i was just in the courtroom, they finished seating a ten-member jury of six men and four women, and as you said, those opening statements are expected to begin this afternoon in a trial that really is expected to go on about nine or ten days. among the witnesses we're expecting to hear from are vanessa bryant herself as well as sheriffville whose team said covered up this whole event, instead of working with transparency, asked those deputies to delete the photos instead. what her team calls sweeping under the rug. she's not the only plaintiff. there is another man christopher chester who is suing the county as well. his family members were also killed in the crash, victor. >> natasha chen for us there

outside the courthouse in l.a. thank you very much. another gop lawmaker who voted to impeach former president trump has lost her primary race for re-election. it is the latest victory in trump's revenge tour against the ten republicans who went against him. what this means for the party next. ♪ ♪ this is the moment. for a treatment for moderate-to-severe eczema. cibinqo — fda approved. 100% steroid free. not an injection, cibinqo is a once-daily pill for adults who didn't respond to previous treatments. and cibinqo helps provide clearer skin and less itch. cibinqo can lower your ability to fight infections, including tb. before and during treatment, your doctor should check for infections and do blood tests.

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another trump-backed election denier has won his primary this time in wisconsin. businessman tim michaels becoming the state's republican nominee for governor. cnn political director is with us now. this was, umm, another trump/pence approximately war. it's a w for trump. >> yeah. remember in georgia it was brian kemp that won. in arizona it was kari lake.

here we saw it again. the establishment candidate where pence, through his support, was rebecca. she was the lieutenant governor under scott walker. the winner is tim michaels. he's a businessman. he touted trump's backing in this race. yes, in the trump versus the establishment, trump versus pence, this is a win for donald trump. there are a couple of other wisconsin notes you should be aware of. the senate race, one of the most consequential races that could potentially determine control of the u.s. senate, victor, in november is now ron johnson seeking re-election. he's the incumbent republican and mandela barnes, the current lieutenant governor. he coalesced the democratic crowd. his competitors dropped out and he won the nomination yesterday. we're watching this. fewer than 300 votes separate. this is a state assembly race.

ryan voss the leader of the state assembly rebuffed trump's request as recently as a few weeks ago to des certify. donald trump threw his support to adam. right now voss is ahead by fewer than 300 votes. it's not yet in projection territory. >> that's a close one. before we get to the other races from last night, let's take a stop in washington state. talk about the latest in a race there. >> yeah. clean up from last week's primaries. jamie herrera-butler conceded her race. it's a top two system in washington state. that makes her the third incumbent republican of the 10 who voted to impeach donald trump in the aftermath of january 6th to lose in a primary, along with peter meyer

in michigan and tom rice in south carolina. two republicans who voted to impeach trump, david valado. they survived primary challenges. four of the republicans actually opted to retire. they saw what donald trump was going to bring them and donald trump-backed challenges and chose to bow out. so the only one remaining of the impeachment 10, these republicans who sort of voted their conscience over where their party was in the moment is liz cheney. her primary in wyoming is next week. if she goes down, trump will have an 8-2 win record on his revenge tour. >> wow. she's the last one on the list. probably the top of his list. david, thank you. >> sure. good news here on the economic front, gas prices have dropped for 57 consecutive days, according to aaa. have we reached the peak of

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happening now, a federal judge is hearing arguments on whether senator lindsey graham should have to testify before a georgia grand jury. now its investigating donald trump's efforts to overturn the 2020 election results in that state. graham has been trying to quash the subpoena.

sara murray is joining us now with the latest on the legal battle. what is happening inside that courtroom? >> well, the battle is still ongoing. lindsey graham is supposed to appear before this grand jury later on this month. he is arguing that any of the activities had to do with the legislative work so he should not be compelled to show up before the grand jury and answer questions. the district attorney there wants to get from graham is more information about phone calls he made to georgia secretary of state. you know, graham asked the secretary of state to investigate the absentee ballots. he came away with the impression that the senator was asking him to throw away the ballots. graham is denying this. this is what the heart of the district attorney wants to get to. we'll see if he's successful. we've seen a number of folks try to challenge their grand jury subpoenas without much luck. rudy giuliani's one of president trump's former lawyers, tried to

get his appearance delayed before a grand jury. he essentially argued he should have a long a delay. he had a medical procedure and couldn't fly to georgia. the judge overseeing that challenge essentially said figure it out. you can take a bus or drive. you'll get ample time but not as much as you've been asking for. we'll see how it goes for lin lindsey graham today. >> thank you. it's the top of a brand new hour on "cnn newsroom." the strategic silence of donald trump. the former president pleaded the fifth during a deposition in a civil probe of his family business. the refusal to answer questions is a bold contradiction of the past comments. >> when you have your staff taking the fifth amendment, taking the fifth, so they're not prosecuted. when you have th