hello, everyone. at this hour, a high stakes battle between former president trump and the justice department. nuclear powers of ukraine's nuclear power plant. and serena strike. why the tennis legend is playing with nothing to lose. how far will she go? this is what we're watching at this hour. i'm erica hill in for kate baldwin. we're two hours away from a critical hearing in the investigation of former president donald trump. a federal judge will hear arguments about a request for a special master to review the classified documents seized at his home. the classified material was found at mar-a-lago, but lawyers argue it wasn't a big deal and

shouldn't have triggered an fbi search. let's go the evan perez this morning. >> good morning, erica. the trump team largely ignores a lot of the allegations that the justice department made in its bombshell filing a couple nights ago. they are saying it should not have been a surprise that there were classified documents found at mar-a-lago. they were considered personal and presidential records. i will read you part of what they say in the court fueliling. that the records contain sensitive information should never have been cause for alarm. they're saying that the justice department cannot be trusted to just look through the documents and sort out what may be presidential privilege, executive privilege, or at

attorney/client privilege. they want to appoint a special master to look at the documents and set aside the things that may be considered privileged. so, we expect that this judge is going to take a look at this filing and really maybe ask some questions about what the trump team is not really addressing, which is why, when they received a subpoena back in may, to turnover all documents marked with classification markings, why that did not happen. why is it that back in earlier this month, when the fbi searched the mar-a-lago facility, they were able to find additional classified documents. >> as we wait for those answers, still some other questions, as well. stay with me. i'm going to bring in the former federal prosecutor and cnn law enforcement analyst and secret service agent, jonathan racknow. picking up on what the judge is likely to hear today. we know in the filing that one of the arguments against a

special master was that this would delay the investigation. there's a lot of work done in this investigation. how much would this delay things, if the judge, in fact, said yes, i will appoint a special master. >> the evidence has been reviewed and in the hands of the prosecution team. realistically, there's not much delay here. the stronger argument is that this is going to create a burden and potentially result in the disclosure of declassified information. >> in the past 24 hours, donald trump and his legal team have been really lashing out. when doing that, they have confirmed some of which allege in these filings include ing wh is in a social post.

there seems to be confusion as to the picture that documents were slapped on the floor and released photographly for the world to see. as if that's what the fbi found when they broke into my home, wrong. they took them out of cartons, and spread them on the carpet, making them look for a big find for them. they dropped them, not me. it's clear in the filing, the d.o.j. said we took those out of cartons. law enforcement analysts say this is clearly the way things are done. this is standard operating procedure, you see rulers to show scale. he is confirming what d.o.j. has asserted here. not just that they were taken out of cartons, but what they found and at the same breath, he's contradicting his own narrative. >> yeah. it does contradict the narrative. there's been multiple narratives that are put out the last few weeks. obviously, nothing in his court filing, in his legal team's

court filing, last night, lael says anything about declassification. and the fact he's confirming what the justice department said it found, again, contradicts a lot of what we've heard from the trump team. there's been no consistency. that's the things that the judge might have to examine today. there's no answer to the question of why when you received a subpoena back in may, why is it that there were classified documents found when the fbi searched mar-a-lago three weeks ago. >> one of the key questions. jonathan, here's what trump attorney lea haba said last night, weighing in. >> i've been down there. i'm down there frequently. i've never seen that. i have never ever seen that. that's not the way his office looks. anybody that knows president trump's office, he has guests frequently there. it's a joke. they must have gone in and taken out documents they wanted or

cover letters that it is, and put it out that these were top secret documents that were on the floor. it's ridiculous. >> part of that, she's playing into the conspiracy theory that we knew was going to happen out of that picture. let's not let the facts get in the way of that good story. what else she said that was interesting to me, she notes she has guests frequently there in the office. yeah, sure. he's got the documents. they're not strewn about like that, but the documents are there and there's people in there frequently. >> there's a reason why the u.s. government takes so much care and places strict controls over sensitive and classified documents. the reason being is these are the crown jewels of our intelligence information. why? because they contain sources of methodologists, collection methodologists that are utilized by the intelligence community. and because of that, because of that very reason, this is why those documents, and more

importantly, the information that's contained within them, must be reviewed in controlled environments much as a sciff. this is an area that contains the access outside of those allowed it. to be fair, mar-a-lago when president trump was in office, did have a scif. he did have access to the type of facility where he could review the documents anytime that he chose. once he left office, that facility shut down and no longer applicable to a former president. that's where we are today. to make an attorney come in and out and there's public access that raises the potential, that someone could have seen out of nefarious intent, information contained in the documents is

really scary. and we had reporting that the intelligence, the fbi is actioning off of that information, to try to assess what type of damage could have been caused by that. >> quickly, the fact that trump's legal team did not respond to allegations of potential obstruction, does that surprise you? >> sure. those are serious allegations. and the justice department implied that they were -- that trump's legal team was misleading the court. and they said that want of the attorneys lied. to fail to respond to that, concedes that it very well could be true and there's no good response and the judge will be focused on that today. >> i'm getting in trouble. we're out of time. you say the role of the secret service could be the wild card in the investigation. why? >> it can be. think about it. this is not just a facility or a regular office. this is the residence of a former president of the united states. protected by the secret service. those are dedicated men and

women who they are charged with maintaining the residence of the former president. i want to know, what roll did they play in the time period leading up to the execution of the search warrant. they knew that the fbi and the d.o.j. have had ongoing meets. why? they maintain the access to mar-a-lago. interesting to see coming up, is the wild card factor played by the trump's team? the office was protected by the service, and it was secure. there's a lot of way that the service could get in the middle of this. >> there's a lot of issues here. great to have all of your expertise. thank you. president biden is set to deliver a primetime address in philadelphia. there's a continuing battle for the soul of the nation.

jeremy diamond is live at the white house for us. he's used that battle cry before. what else are we expecting tonight? >> he used that term for the battle of the soul of the nation in his inauguration speech. and in his primetime address, a m believes that the battle is still ongoing. he's been sharpening his attacks against republicans and particularly against the maga republicans who are aligned with former president trump. it can be much more sober and somber in tone than the political rally speech that we heard from the president last week in maryland. maga republicans calling it

extreme. and tonight, we're expecting to hear similar language from the president. the president will talk about the fact that maga republicans present a, quote, extremist threat towards democracy, saying they don't respect the rule of law. anding aing it's the most energized part of the republican party. the president has been mulling this type of speech for some time. now, you have this backdrop of the investigation for the former president. and republicans who are attaattack i ing, aligned with the president, attacking the fbi and in some cases here, the rule of law. >> jeremy, thank you. you can watch the coverage of the primetime address tonight right here, 8:00 p.m. eastern. a lot of eyes on alaska and sarah palin's bid for a political comeback.

democrat mary petola, defeating palin. petola flips the seat. and making history as the first alaska native to serve in congress. shelling continues in the area of the nuclear plant in ukraine. how the team is hoping to avert a disaster, next. you ready to go fishing? i gogot the bait. i also earn 5% on travel purchasased through chase on this rental car. that lake is c calling my name! don't you get seasick? we'll find out! come on. and i earn 3% on dining including takeout. so much for catching our dinner. some people are hunters. some are gatherers. i'm a diner. pow! earn big time with chase freedom unlimited with no annual fee. how do you cashback? chase. make more of what's yours.

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develop right now, the team of inspectors from the u.n. atomic energy agency has visited the russian-held plant in

ukraine. this amid intense fighting for one of the reactors. the safety of the largest nuclear plant. the top priority for this iaea team. there's been so much focus, melissa, on this plant, for concerns and the fighting all around it. >> fighting was worse this morning. the shelling that began just before dawn all around the plant in that town, is some of the worst the town has seen since being occupied in march. it was in that context, that this team of iaea inspectors set off from ukrainian-held land across the front line, with much delay on the active front line to make it to the plant, in order to carry out their inspection. now, one of the big questions was what kind of access they were going to get, how much they were going to be able to see. now, we just have been hearing from the head of the iaea team

that headed in there today. some of his men are going to stay inside in the plant. what he's been telling reporters on a checkpoint back out, across towards ukrainian-held territory, in that short amount of time they've been able to see a great deal. in fact, they are able to see the key things they needed to see. what we needed to see, we saw. we wait to hear more details about that. as you say, it's europe's largest nuclear reactor. the sixth-reactor-strong plant. europe's largest plant, of which there had been only two functioning reactors. as a result of that shelling today, we're down to just one. we wait to hear more of what he's done. the important thing is, some of his team is staying there and that's fantastic news for the days going forward, if only in terms of the peace it's likely to bring around the plant.

leslie, i'm wondering if we can pick up where melissa left off. she is laying out for us, the team that was in there for three hours or so, based on reporting. some of them stayed behind, as the head of that team said. and he said at the checkpoint to reporters, we saw what key things the reporters were looking at. what do you think they were looking at? and those that stayed behind, what are they doing? >> i think they are looking at the structural integrity of the damage and what has been caused by shelling over the past six months. they are looking at the status of the power license plate line the plant to the grid. and just this morning, for the second time in a week, the plant had to switch to using its

backup diesel generators because it was disconnected from the grid. and another key piece was the spent fuel on-site. zaporizhzhya keeps the waste in spent fuel pools. the inspectors will be checking to make sure the facilities are operating as normal. >> in many ways, it seems the russian army, vladimir putin, is holding this plant hostage. a demilitarized zone around it. but as melissa pointed out, the fact there's team members staying behind, that may help in terms of keeping the peace, for lack of a better term. do you think that's the main intent. >> one would hope so. it's clear what the russians are

doing here. this is much like a human shield, surrounding itself by women and children. this is somewhat of a nuclear shield. they are able -- the day the russians were able to store equipment and personnel, can do some command and crimontrol the. they understand, if ukrainiukra if they fire on that nuclear plant, it's a suicide pact. the effects would be dramatic. not only in the immediate area but throughout the region. >> this spring, on the program with kate, you talked about how the containment there is built to withstand a direct plane strike. but shelling, obviously, is a much different issue. what could happen in that event? how devastating would that be? >> if the reactor or the spent fuel storage were to take a direct hit from the shelling, it would lead to a localized

radiation release at the site. think fukushima-esque, rather than chernobyl-esque. in the worst-case scenario, a leak of radioactive material into a nearby river or something akin to a dirty bomb. releasing radioactive material and waste products, in the key area of the site. this wouldn't be a situation like chernobyl. it wouldn't be a situation that would affect a dozen miles outside of the plant. that's an enormous area. >> we see, too, we see pictures of russian military vehicles in there in that plant. raising concerns. what does it say to you? >> there's some inherent danger, even if the russians don't intentionally take a hit from the ukrainians or candidly some

gaslighting and do it themselves. you have a bunch of young soldiers in many cases, probably in the case of the russians, mostly untrained, certainly unable to understand what is going on there. and often times, young soldiers, ill-disciplined soldiers, frankly knuckleheads. they're intimidating the workers, no doubt. and they can be fooling around with the knobs themselves. just because they're 18, 19 years old. there's a great risk for miscalculation, mischief or mistakes being either conducted by the young soldiers or in the case of intimidating those workers, creating problems in and of itself. >> which, of course, makes it more important that the team is able to get in there. interesting that some of them stayed behind. we'll look to news for that coming from the teams there. really appreciate you joining us today. thank you.

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in a matter of hours, cdc advisers are expecting to recognize updated booster shots from pfizer and moderna. the updated shots include omicron variants that are prevalent in the united states. dr. offut, good to see you. you are one of two advisers asking vaccinemakers to make a specific vaccine to target the omicron variants. why? >> my concern at the time, on june 28th, when the data was presented to us, was the companies did the studies the right way, pfizer and moderna did the studies the right way.

they got three doses of the ancestral vaccine and the fourth dose would with the ancestral vaccine and the other vaccine, the ba.1. when you got that vaccine, did you have a clear and dramatic increase in neutralizing antibodies against the ba.1 strain? and they didn't. they have a 1.7% increase. while that's significant, but is unlikely to make a clinical impact. that's why we voted no. this vaccine that doesn't contain the ba.1 strain, but contains the ba.4 and ba.5, it will show people that they get a stronger response. the idea is the right one. you just need to prove it. >> the panel is meeting today. it is likely they will recommend the booster that does target

omicron. when people are trying to understand the difference, how do you explain it to them? >> here's what i would say. the question is, who really benefits from another dose? the cdc has shown that people that have gotten three doses are less likely to be hospitalized than those who got two. but who are those people that are getting hospitalized? it falls into three groups. one is the elderly. people over 65. two is people who have the serious health problems, kochroc lung disease, when they get a mild or moderate infection, lands them in the hospital. and three is those that are immune compromised. what the advisory committee is going to vote on, are we going to allow the moderna vaccine for everybody over 18 and the pfizer vaccine for everybody over 12. i fear they're going to say that everybody should get it when a healthy young person is unlikely to benefit from a booster dose.

i hope they target those that are most likely to wenbenefit f the additional dose. >> if you are 50 and over, if you have a pre-existing condition, you can be eligible. as you point out, younger people are not. if it is authorized, pfizer would be authorized for 12 and up, as you point out. moderna, 18 and up. why not get it? if it's a smaller benefit, is there any reason not to get the booster? >> we're not going to have clinical studies before the launch. you would like to have human data. people getting the vaccine. you see a clear evidence of protection against ba.4 and ba.5. if there's not clear evidence of benefit, it's not fair for people to take a risk. the benefits should be clear. >> okay. as we wait for more on that, i want to get your take on

something else. you and i have talked so much over the last couple of years as we've gone through the covid, with so many other people. i was struck by new findings about learning loss today. and this is the first national report that compares pre and postcovid learning. two decades of reading and writing was erased for 9-year-olds. online earning was a factor here. and early learning is key. it has a long lasting impact for later in life, and not just continuing schooling but later in life. what was your take on that? >> it's tragic. no one has suffered the pandemic more than young children. they've suffered through the lack of socialization and the lack of play, with their playmates and lack of being able to be in a room with a teacher who can one-on-one instruct. no one has suffered more than

our children. >> dr. paul offut, thank you. >> thank you. if you want to get the most out of every day, what can you do? simple says dr. sanjay gupta. drink more water. here's today's "chase in life." >> i'm dr. sanjay gupta. there's pillars of health that we talk about. rest and movement and nutrition. but what about hydration? the national academy reco recommends.7 liters for men per day and 2.7 mliters for women. most of us consume less than that. and we eat food even when the real sensation we're feeling is thirst. as a result, we walk around overstuffed and dehydrated. we know it's important to drink

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new this morning, ohio police releasing body cam video of a columbus police officer shooting and killing an unarmed black man in his bed. we're hearing from the family of donovan lewis. what happened in this case? >> reporter: yeah. this happened early yesterday morning. it was at 2:30 search warrant being executed. it's not clear who that was against. there were three men in the apartment building where the police officers went in early that morning. it's important to note before we look at this video, that police officers say they were outside the apartment for like eight to ten minutes before they were actually allowed in. and after that, they said, is anyone else here? and when they weren't getting a response, knowing someone else was there, this person who died, donovan lewis, they sent in a dog. now, i want to show you the body cam video. it is disturbing. i do want to warn you about that. this is the moments where this

dog has signaled, there's someone in this bedroom. and right there. that is the single shot that was fired. and that is the shot that killed this 20-year-old in his bedroom. and that is really the shot where the family of this 20-year-old is saying that was excessive. why does the shot taken so quickly right after the door was opened? and that's also up for investigation at this point by the criminal bureau of investigations. it's an independent investigation that's going to look at the totality of this. and it's a good thing here that there is body cam video because a couple years ago, that was not the case. certainly, this is just so alarming on both sides. investigators not taking this sl lightly. and the family is distraught. they just had a news conference. i'm going to read a statement that they had released prior to the news conference. this excessive and unnecessary force is becoming all-too common

in columbus. i'm going to do everything to stop the senseless killings. there can't be one black life taken this way. the family says they support the investigation ongoing. the police say, let's take a minute and not jump to conclusions. let this play out. here in new york city, lawmakers are designating times square as a gun-free zone. it takes effect today. this is in direct response of the u.s. supreme court striking down the firearms law in june. there are exceptions when it comes to the rules in new york city, including those that live and work in times square. other gun-free areas, including new york subways, schools, restaurants and parks. let me get you updated on the latest on the water crisis in mississippi, as we continue to follow the developments. residents in jackson now can be told they can shower using city water if the city water works,

as long as they keep their mouths closed when they shower. this is a fourth day without clean water for 150,000 people in the state's capital. historic rainfall and flooding leading to a failure for the city's water treatment plant. people had been lining up for hours to get bottled water. the mayor says he's optimistic could restore this week but there's a huge amount of decline. there's been decades of issues when it comes to water in this city. coming up here, serena williams' magical run at the u.s. open, captivating audiences. what's next for the queen of the court? could it be another grand slam title? we'll discuss next. you guys ar't gonna give me the fake bill fight? c'mon, kev. you're earning 3% cash back. humor me. where is my wallet? i am paying. where is my wallet? i thought i gave it to you. oooohhh? oh, that's not it either. no. no. stop, i insist. that was good though. earn big time with chase freedom unlimited

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now, to the story that it feels like everyone is talking about. serena williams, the tennis legend advancing to the third round of the u.s. open, after a thrilling match last night. on the heels of that victory, the 23-time singles grand slam champ said this year's open feels different. >> i don't have anything to prove. i don't have anything to win. and i have absolutely nothing to lose. honestly, i never get to play like this since '98, really. literally. i have had an "x" on my back since '99. it's been fun. i enjoy coming out and enjoying it. it's been a listelong time sinc been able to do that. >> joining us is christine brennan, a columnist for "usa today" and patrick mcenroe, host

of back in the court podcast. i've been watching this with my son. and we watched this incredible match. that crowd, that record crowd. what was it like being in there? not only just the crowd, but watching serena. is this a different with this freedom that she's never been able to have because she's the great crest of all time and she's been the favorite every time she goes out there. so now this was supposed to be a coronation, a swan song for serena. everyone was ready on opening night that this was going to be a one and done situation. now you see that she actually is playing at a level as we saw last night where you're starting to think wait a second, she could actually go deep in this. i never would have said that four or five days ago. and i've been lucky enough, erica, to be -- have been in that stadium many times. sam sampras-agassi. serena against venus.

and sooern serena when she dominated for so many years. federer-djokovic. nadal-djokovic. and to feel the electricity was something i never felt before. this is a second-round match. that's the type of energy that she's bringing to this tournament. and it's interesting to watch her initially in the first round struggle because we're so used to seeing her dominate the field. you're starting to think oh, no, is this going to be a muhammad ali tight moment, a michael jordan at the end of his career where she doesn't look like she really belongs out there. and now over the last couple of days you're like hold on a second, she could actually go all the way. >> we heard that a little bit in the commentary after night one, she's moving like people hadn't seen her move in years. last night in the second set she started to look a little tired and then all of a sudden that switch flipped, third set it is on. christine, this comment about her having an x on her back for the last 20-plus years, i know that really stood out to you. why? >> absolutely. patrick, great to be with you.

erica as well. and yes, because i've covered her as patrick was saying, i've been lucky enough to cover her for the length of her career. i was there in '99, that first win when 17-year-old serena williams won -- the 23 grand slam titles that she has. and i had really never thought of it that way, that she was the one that was hunted. the x on her back. everyone shooting for her. i mean, of course. but that impacted her so greatly, that when she was asked about it after the match that's what she brought up and how she is playing freely and swinging freely. and patrick, you know this well. erica, from sports that you know as well. once an athlete lets their mind kind of just go, and obviously you need to think, but you let the body do the work. and serena is so good and has been so good for so long that even though she's almost 41 she hasn't played a lot in the last year. so her body is fresh.

and knock on wood no injuries, no problems moving forward. she's allowing herself to be able to just be a free-swinging tennis player. and my goodness, look at the results so far. >> not too shabby. i found it interesting too, renay stubbs who's been working with her and coaching her, she had serena start playing matches, not just practice, because she hadn't been playing matches. that's a different mindset. and also she's really all about the positive reinforcement. how much of an impact do you i this that's made on serena's game? >> i think that's been huge. i think rennae was spot on because of what christine said, that serena didn't play a tournament match for i ayear, then showed up at wimbledon, played hard in that match but was slow, was out of shape, was not match tough. she played a couple of tournaments this summer. and again, looking rusty, looking nervous, not moving well. and all of ail sudden rennae said to her, she's known her for a long time, you need to get on the practice court with other top players and compete. because normally serena would take the week before a major as sort of a light shootaround but

now it's like a full-on scrimmage. and i think that really helped her and it helped her as she got into a tight match against -- remember, she played the number 2 player in the world last night. and as you said, erica, she looked like after the second set, i was even thinking to myself, okay, it's been a nice couple matches but she's running oupt of gas a little bit. and then as you said the switch flipped and it was vintage serena. serving huge, returning big as well. clean winner on match point. and even shushing the crowd at some point on -- there are no controversial calls anymore because it's all the electronic system. but the crowd sort of got -- were going against anett kontaveit. which i think, by the way, i love the new york crowd. i'm a new yorker. come on, new yorkers. give a little love for the opponent once in a while. we don't need booing on double faults in this situation. >> i would like to pick up on that point. christine, i'll throw that to you. one of the things i noticed in both of these matches, she is playing incredibly well but it's also the grace and the composure of her opponents. i mean, specifically last night when you're looking anett kontaveit, she's the number 2

player in the world, played her heart out. that's got to be really tough too, to be in that position, when you have 30,000 people in that stadium rooting for your opponent who's also likely someone you spent your entire life looking up to. >> well, exactly. yes. this is their role model. they've always looked up to serena. you know, the power game. serena as a bigger person, i can say that, i'm almost six feet tall. that wasn't always what we wanted to see from our female athletes. well, all of a sudden serena comes along. also the women's soccer team in '99. only 63 days apart, those two events. and now muscles and speed and strength and power, now there's a premium on that. now that's important. now that's popular. and it's cool and it's winning. so serena is that to these young women. and so now you see that they've handled themselves i think well even though it must be tough. >> it's got to be. >> very magical. >> we have to leave it there. but so love having both of you

here. and let's hope we're talking about another win soon. and thanks to all of you for joining us this hour. i'm e erica hill. stay tuned. "inside politics" with john king starts after this break.

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unbeatable internet made to do anything so you can do anything. hello and welcome to "inside politics." i'm john king in washington. thank you for sharing a very busy news day with us. next hour, a courtroom fight between the justice department and donald trump over sensitive government documents seized from mar-a-lago. it follows a trump legal response that took several political swipes at the doj but mostly sidestepped questions about team trump obstructing