president biden's foot is on the gas hoping he can drive to a democratic victory. "the lead" starts right now. the white house announces a new release of oil from the nation's stock pile, is it enough to make a dent in gas prices and perhaps as importantly for the president put the brakes on predicted republican gains in the midterms. then, martial law, vladimir putin with that desperate declaration today in ukrainian territory that russia illegally annexed. people in those regions being forced to evacuate. why putin is making the move now.

prices up, taxes down? possibly the one good thing about inflation. the changes uyou could see in your paychecks on your tax returns. welcome to the lead i'm john berman in for jake tapper. we begin in the world lead in a few minutes russian president's vladimir putin rule of martial law goes into effect. this despite the fact that putin's army doesn't have full control over the area. and as the campaign to plunge ukraine into darkness continues, energy officials said they had no choice but to introduce blackouts following days of devastating russian cruise missile and drone strikes. missiles hit at least three power stations just today, that's according to the ukraine. nick roberts is in kyiv.

>> reporter: ukrainian civilians now under russian martial law. lined up to be evacuated in kherson city. potentially to russia. russian imposed officially, in illegally annexed kherson told them it's not safe to stay. up to 60,000 forced out, boats used to ferry them away from the front lines and their homes to an uncertain future. >> translator: i brought extra clothes for my dog, my other half, my anti-depressant. >> reporter: ukrainian officials are accusing russia of whipping up hysteria. residents received text messages wednesday morning from the pro-russian administration. dear residents it read, evacuate immediately, there will be shelling of residential areas by the armed forces of ukraine. the punishment under martial law

for failing to comply, unknown. the threat clear. >> translator: i ask you to take my words seriously and to understand them as meaning as prompt an evacuation as possible. >> reporter: vladimir putin is tightening his grip not just on kherson but luhansk, donetsk and zaporizhzhia the four ter territories he illegally annexed last month. ukrainian forces have been advancing in recent weeks capturing villages and farmlands along the bank of the dnipro river. the kremlin's new commander for ukraine said tuesday the situation from kherson was far from simple and hinted his forces may withdraw. >> translator: further plans and actions regarding the city of

kherson will depend on the unfolding military and tactical situation on the ground. i repeat, it is already very difficult today. >> reporter: across the rest of ukraine, putin's forces kept up the barrage on power stations and despite ten cruise missiles and drones shot down by ukrainian forces another three electricity generating plants hit. more ukrainians denied power and water. amid the dwindling supplies, president zelenskyy calling a crisis meeting to head off a nationwide blackout vowing to keep critical infrastructure up and running. but the cost of doing that is going to be rolling blackouts for the country. officials saying between 7:00 a.m. and 11:00 p.m. people to expect less electricity. but putin may be turning out the lights here but it's the ukrainians that are still taking

the key commodity, and that's territory. john. >> lights for territory might be a trade that ukrainians want to make this evening. nic robertson in kyiv, stay safe. in russia following the martial law announcement, president putin is warning of security risks declaring a maximum level response in the four ukrainian territories he annexed, medium security response in russia inside the recognized borders and heightened response inside southern russia, including moscow. matthew chance is there now. what is it like in the russian capital, compared to what you've seen in the past? >> reporter: good question. actually, it does feel a lot tenser than i've seen in the past, seeing more police on the streets, more posters talking about the heroes of russia, fighting in their special military operation.

but there's also some other things. anecdotally you can say that i'm seeing much far less -- far fewer people in the streets than i would normally expect to see. specifically men. and that's, i think, talks of the fact that a lot of men of military age are either -- they've either left the country, tens of thousands if not hundreds of thousands we've seen evacuating the country to avoid the military draft. others staying low profile because there have been countless incidents of people picked up on the street and drafted straight into the military. so military-age men are avoiding that. i'd also say that i think prices have really shot up here, that's important for ordinary russians. it's difficult to give you a gauge of how expensive things are here, but it's 7 or 8 bucks for a cup of coffee. that kind of thing. it shows that the sanctions that russia is currently suffering under and has been imposed upon it by much of the international

community, including the united states, are having an impact on the cost of living here which has become very high indeed. also, john, i'd say in the past when i've come here, people didn't think about the conflict in ukraine, the special military operation now there is a definite sense of trepidation that things are not going -- you know, not going russia's way and that's something we haven't seen before here in the past several months. >> great to have you there in moscow, thank you so much, matthew chance. back here in the united states today, a blunt message from former vice president mike pence, listen to this. >> there can be no room in the conservative movement for apologists for putin. there is only room in this movement for champions of freedom. >> so this comes after house minority leader kevin mccarthy defended his comments warning republicans won't write a blank

check to ukraine if republicans win control of the house. >> it's amazing to me that that somehow made news. wouldn't you want a check and balance in congress? wouldn't you want, these hardworking taxpayers' money, someone overseeing it. >> republican congressman adam kinzinger from illinois joins us right now. do you feel surprised it made news when kevin mccarthy suggested ukrainian aid may not be as forthcoming if republicans took control of congress? >> no, not at all. we've had very strong bipartisan support for ukraine and ukraine fighting against russia. what kevin mccarthy said, maybe in his mind he did believe all he was saying was we want to have some oversight in this. but i guarantee you, first off, our evening friends on maybe a different news network are going to be talking about this

constantly. folks over at russia are going to be talking about this constantly, you're giving aid and comfort to the enemy, intentionally or unintentionally, there are a lot of people in the world that are worried about what a republican majority could do, not because of the majority of republicans. the majority of republicans support ukraine. if it's a ten vote majority and people like marjorie taylor greene who made it clear that vladimir putin, as a defender of christianity, has her way, it would be tough to get things through congress. >> do you think those groups are having an influence on mccarthy? >> no doubt. he has not changed his view on ukraine but his whole point in going out and giving that interview is to try to assuage those folks, the members of the party that he knows he's going

to be need to be speaker. yesterday or two days ago, marjorie taylor greene made a comment about how if kevin wants to make the base happy he's going to have to give her a lot of power in the next congress. she's probably right, that's probably what's required for him to win. so yes, she is going to have influence with him. i'm not going to be there next year but things normally like ukraine and russia, people should speak up now. >> today the israeli defense minister ruled out sending weapons to ukraine, though it will help, israel will develop the air defense systems. you wrote why is israel so afraid? hopefully not politics. what politics are you referring to there? >> look, there's very much russian influence within israel in terms of trying to keep coalitions together. israel claims they're concerned about the russian influence in

syria. but look, here's the thing, israel is a tough country now. to their credit, i'm a huge fan of israel, a huge defender of israel. it's time we recognize that israel needs to be a player in the world stage on some of these things. when their arch enemy, iran is supplying some of the main or theistic terroristic attacks against ukraine, it doesn't make history where the jus came from in world war ii to where we are today, would not be supportive of ukraine's fight. i have spoken directly, by the way, to the israeli ambassador to the united states. i have made my point clear to him personally, and they still haven't seemed to change despite that since i talked to him, you have these drones and rockets going from iran to russia to be

used in ukraine. >> i want to turn quickly to the january 6th committee, of which you are a member. congresswoman liz cheney said the subpoena for donald trump is coming shortly. can you define shortly? will it happen by friday? >> shortly, i'll define that as soon. it's up to the chairman. it's when he has it -- you know, when it he puts it out that will be his to announce. i think we made it clear that will be coming. nothing has changed on that front. and we'll see where we go from here. u.s. law is, if you are subpoenaed by congress you're expected to come in and speak to us. >> republican congressman adam kinzinger of illinois thanks for being with us. appreciate it. >> you bet. president biden trying to pump the brakes on soaring gas prices what he can do to drive down the costs before midterms. and to iran after a female

athlete returned to iran after not wearing her hijab during a competition. and john fetterman, who's still recovering from a spoke, responds to critics by sharing a doctor's note. but at the end of the day, you knowow you have a team behid you that can help you. not having to worry about the future makes it p possible to make the present as best as it can be fofor everybody.

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we are back with our politics lead. 20 days to go before the midterm elections and president biden is tackling what could be a major political liability today, gas prices. this afternoon the president announced he is authorizing the release of an additional 15 million barrels from the strategic reserves for december and prepared to do it again in the future if he needs to. for context, the united states uses about 20 million barrels a day so critics are wondering how much good this new release will do. president biden hopes it calms markets and keeps the price of gas reasonable. prices are down over the last week. the timing of the announcement reveals a white house in political triage mode determined to claw back any advantage it can as voters head to the polls. >> they're not falling fast enough. >> reporter: president biden announcing his latest move to try to bring down gas prices. the u.s. releasing another 15

million barrels of oil from the strategic reserve in december. >> the draw downs from the reserve have played a big role in bringing down oil prices, bringing them down. so we're going to continue to responsibly use that national asset. >> reporter: biden also delivering a stern message to oil companies. >> you should not be using your profits to buy back stock or for dividends. not now, not while a war is raging. you should be using these record breaking profits to increase production and refining. invest in america for the american people. >> reporter: in announcement the latest in a string of significant actions taken by the biden white house this year to try to keep costs at the pump under control and stablize global energy prices. those 15 million barrels are

part of the barrels the administration announced would be released over six months. >> no question they're too high. >> reporter: in the final stretch before the midterm elections, white house officials closely tracking inflation and gas prices in particular, as a top political concern. the ongoing war in ukraine, major supply chain disruptions, and opec plus's recent decision to pull back on oil production all contributing to the ongoing volatility in the global energy market. in the u.s. while prices at the pump came down consistently for a stretch earlier this summer, in more recent weeks again started to tick up. the national average gas price today, $3.85. up from $3.68 a month ago. those numbers impossible for democrats to ignore as they try to minimize their political losses next month and nine in ten voters say the economy is

extremely or very important to their vote. biden on wednesday rejecting the suggestion that the latest oil release has to do with politics. >> i've been doing this for how long now? it's not politically motivated at all. >> reporter: these oil releases so far have already been unprecedented but there could be more coming. we heard president biden saying earlier today that he has basically instructed his team to be prepared to make future releases if they feel like they become necessary. he said this is his ready and release plan. the white house is also facing some questions about the timeline, how much longer are they going to take these kinds of actions, they're noncommittal for now so it's another sign they believe high gas prices could be an issue for the foreseeable future. >> thank you so much. i want to bring in the energy secretary, jennifer granholm, thank you for being

with us. 15 million barrels from the strategic reserves, that's less than the country uses in a single day. how much of a difference will it make? >> it's about a million barrels a day for the past six months. we use more than that, but this is sold on a global market and everything at the margins help. so we want to increase that supply to try to bring down price and moderate supply and demand as we move into this winter. >> so bring down gas prices. what do you say to critics who say this is beyond what the strategic petroleum reserve was really intended for? >> this is war-time footing, the president declared an energy in march when we first decided to release a million barrels a day. why is that? because russia invaded ukraine, a major oil producer. pulled millions of barrels off the market. we also know that uk and eu are

taking action again to stop the import of russian fossil fuels, that may have another impact. we've seen what opec has don. we are subject to what global actions are doing, but we have the biggest supply of any country in the world, which is our strategic petroleum reserve, we have over 400 million barrels in it and we're going to do what we can to try to stabilize prices in the united states. >> you heard in mj lee's piece the president call on oil producers here in the united states to invest in oil refineries. put money into refineries. but you hear what they say, this isn't a great investment for us over the last few years because of the push to move away from crude oil and things like that. so how do you convince? >> honestly, one of the pieces of the announcement today was a commitment to replenish our strategic petroleum reserve at a price fixed so their investors

and the oil companies can have certainty and confidence what they produce will be purchased by the united states to replenish the strategic petroleum reserve as one measure. we know that oil and gas is not going away. we hope there is a movement to electrify transportation but we hope the oil and gas companies move to companies more broad than just fossil fuels. we'll have tofossil fuels and we'll also have clean energy. one of the announcements the president made today was to invest in batteries for electric vehicles. >> talk about the investment in the u.s. battery supply chain. how soon and what ways will american consumers see an impact there? >> this is so exciting, john. we all know we want to bring manufacturing back to the united states and the president is determined to bring supply chains back here. this is from the bipartisan infrastructure law. it was an announcement of

$2.3 billion -- excuse me, $2.8 billion to 20 companies all over america who are building components for those electric batteries that up to this point were done in other countries. he's bringing manufacturing back to america. good paying manufacturing jobs. it's just the first step on the energy side of all of these announcements that we will be making that really beef up america's supply chain. by the way, of course, the batteries for the electric vehicles if we are able to bring down the cost of electric vehicles by expanding supply of battery manufacturing in the united states, driving that down, the price of that technology, and the tax credits that were part of the inflation reduction act. meaning everyday citizens can get $7,500 at the dealer off a car that's manufactured in the united states that brings down the price, too. >> so a source tells cnn that the $2.8 billion is going to go to 20 companies across 12

states. i was looking at the list there, i can't help but notice, ohio, georgia, north carolina, nevada, states that happen to have competitive senate races. curious how you respond to critics who say, this is pretty political, some of these announcements 20 days before an election. >> absolutely not. this is done by the scientists at our national labs, the professionals determining which proposals have the best chance of being successful in the united states. notice there was none in delaware, michigan. these are all done based upon the excellence of the proposals. >> alabama, louisiana, there were states -- tennessee, there were states without competitive races either. thank you for being with us. >> thanks for having me. a federal judge said there was proof that donald trump knew the election fraud claims he pushed were lies and wants the evidence turned over to congress. the details just coming in. that's next.

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this just in, a federal judge says former president donald trump knew his claims about voter fraud in the 2020 election were false and is ordering former trump attorney john eastman to turn over hundreds of emails to house investigators calling them communications in furtherance of a crime. jessica snyder joins us live with much more. you're pouring over this judge's ruling, speed reading. a remarkable development, what's going on. >> reporter: an 18 page opinion, this is the second time the

judge out of california said there was criminal activity ongoing between the former president and his attorney, john eastman. what's happening now is the judge is mandating the release of these emails from john eastman to the january 6th committee where eastman reveals back in december 2020, trump submitted court filings that trump knew were false and the judge put it this way. he said, these emails show that president trump knew the specific numbers of voter fraud were wrong but continued to tout those numbers both in court and to the public. and the judge went on to say here that these emails must now be released to the january 6th committee in particular because they do show criminal activity, meaning they wouldn't be shielded by attorney/client privilege and namely the criminal activity this judge says is the conspiracy to defraud the united states here. this is likely criminal activity between the former president and

john eastman. the judge did mandate the release of other emails because of this, because of possible evidence of a crime. these latest emails, eight in all, will be handed over to the committee but perhaps more crucially, john, this could add more evidence to the ongoing probes happening in georgia from the district attorney's office as well as the department of justice that has this ongoing probe of all things january 6th as well. this shows that trump knowingly lied to a court, which could prove grounds for some criminal charges if the law enforcement entities choose to go that route, which who knows if they will. >> this judge leaning into the idea of crime fraud exception, meaning there's no attorney/client privilege if you're discussing a crime. in theory that also applies to executive privilege. in theory it applies to what so much of donald trump and his legal team and advisers have

tried to assert when they keep their communications private here. how much of a can of worms does this open up going forward? >> this is the judge that continues to say eastman you cannot keep the emails private. anything that shows the furtherance of criminal activity it's not shielded it has to go to the committee. by opening up the emails to the committee and handing them over, this also presumably could be given to the law enforcement entities like the georgia da, the department of justice of who will be seeing these and have further grounds to investigate and possibly lay criminal charges here. >> thank you so much for being with us. terrific work. with us former special assistance to president biden, michael la rosa and s.e. cupp. this judge saying donald trump knew his claims about the election was lies and it was

furtherance of conspiracy to defraud the united states. your reaction? >> in the context of the midterms, the more we're talking about donald trump, the better it is for democrats every day. this reminds people of everything -- this reminds people why they voted against him, this reminds independents why they voted against him. if you're on the vefence debati to vote or not, this could be a referendum about the party out of power than in power. >> s.e.? >> i think republicans knew the second mar-a-lago was searched that more donald trump is bad for the party and bad coming into elections. it's not a crime to lie to the public. we know that donald trump has lied to the public but it is a crime to lie in court. >> when a judge says it, it tends to have more consequences. >> for sure. >> than a political debate stage. moving to the midterms since you both brought them up. new data shows 2.5 million

americans cast their ballots, early votes for the midterms. that's the highest turn out that would tie with 2018, the highest turnout in decades, what can we read into this? who does it give the advantage to? >> our polling has shown for a while now, really since roe was overturned, that both enthusiasm and intensity towards this election is high, record high, historically high. and i think roe had a lot to do with that initially. i think the economy has edged that up a bit too. and look, that wen fits, you know, one party versus the other. roe benefits democrats. i think the economy benefits republicans, i would add crime into that pile as well. among a lot of voters, fear of losing our democracy and fear of voter suppression is a top priority, that benefits democrats. i like to say we won't know until we know, we won't know

until exit polling why people vote the way they do. >> what do you think that's going on. >> the number that startled me is the second day in georgia, bigger than the presidential early vote the same day in 2020, that is hard to do, midterm vote turnout to match or overrun a presidential vote turnout in early voting. democrats tend to outperform republicans in early voting, typically that's what happened in 2020 and 2018. but i think s.e. is right. the supreme court has given democrats a reason to turn out. we'll see. >> more voting is good for democracy period. whether it's good for one party or another may be relatively immaterial. john fetterman running for senate in pennsylvania, had a stroke, released a medical note from his doctor who said he had, quote, no work restrictions and cognitive deficits. hasn't released his full medical

records yet. is this enough to say swaj critics? >> i think it is. have you seen, the guy is a political athlete. one of the best ones i've seen. he's pure talent. he looks and sounds and acts like the state of pennsylvania. similar to a tim ryan. he's traveling all over the state of pennsylvania and having -- if rallies are a measurement of enthusiasm like the former president used to measure, this guy is holding rallies all over the state with huge numbers. he gave nbc the today show, i think he gave them 45 minutes, oz gave them 15. this guy has shown he's more than capable of doing the job. >> i was concerned when i watched the nbc interview, it's uncontroversial to say we shouldn't ask questions. i was concerned he wasn't going to debate. he is now, next week. i am reassured by this doctor's note. i believe doctors, i think it's right to ask these kinds of

questions of all of our candidates. >> for sure. >> i don't think it makes you biassed to do so. i take this as a clean bill of health. >> says he can do the job. >> i want to play a commercial run by the democrats for senator raphael warnock in georgia. this may surprise you in some of the language it uses. listen. >> things were surprisingly well together. >> pizza with pineapple. >> french fry and frosty. >> raphael warnock and ted cruz? >> that's right. raphael warnock partnered with republican ted cruz to extend i-14, connecting military communities in texas and georgia, which will help create jobs from columbus to may con to augusta. >> i'm raphael warnock and i'll work with anyone if it means helping georgia. >> i can't say with certainly that ted cruz never appeared in a democratic senate ad. >> not in that way. >> i can't remember it.

>> don't get me started on pineapple and pizza. that's the most controversial part of the ad. i don't know the benefit of naming ted cruz if you're a democrat in georgia. i would say will work with republicans. ted cruz is reviled. i think for plenty of reasons. i'm not sure that's who i would have name checked in my ad. >> michael, you hate ted cruz if you're a democrat. >> this is the second ad he's run, the other one was tommy tubberville. >> another good one. >> i know. what it says to me, sounds like they're going after independent voters. >> bernie sanders hitting the campaign trail to rally for candidates ahead of the election. this is what he told "the new york times" in an interview. i'm a little bit concerned that the energy level for young people, working class people, is not as high as it should be. michael, democrats have this complicated relationship with

bernie sanders over the decades. does this help? >> no. i don't think it helps. i would -- he would not be the surrogate i would call on. i know he's coming to pennsylvania. he won't be with john fetterman. he's not necessarily coming for the candidates. he's coming to get out the vote. i saw the states, wisconsin, michigan, florida, joe biden beat him by 20 points in those democratic primaries. the other problem for democrats is shedding this character republicans are good at with tagging them as socialists and that has to do with bernie sanders. in miami-dade county, biden did 20 points worse than hillary as a result of this messaging from republicans on socialism. >> i don't know that like bernie sanders is in danger of losing democratic voters. i think he's going after specific voters. he could bring out some new voters. if you're a democrat, you need all the help, bring in all the

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you need to hire. i need indeed. indeed you do. indeed instant match instantly delivers quality candidates matching your job description. visit indeed.com/hire in our world, fresh alarm for the safety of an iranian rock climber who competed abroad without wearing her hijab. her brother defended her, saying his sister is a child of iran and she will always play wearing the national team's uniform. it's unclear if he made those comments under arrest. cnn has new details on her apology and return to iran. >> reporter: a hero's welcome amid a storm of controversy. elnaz rekabi's return to iran

may have drawn crowds of supporters but it was her performance without a hijab drew the spotlight. >> translator: the incident happened accidentally. the struggle with my shoes made me forget about the proper hijab i should have had. i apologize to the people of iran and for the turbulence and worry i created for them. >> reporter: the words reiterating an apology shared on her instagram page. those some human rights organizations expressed concern she may have been speaking under duress and could face repercussions at home. the national federation of climbing said they received confirmation that she will not suffer any consequences and will continue to train and compete. it comes amid ongoing protests

across the country sparked by the death of 22-year-old mahsa amini, who died in the custody of the morality police. young girls defying the regime's dress code. the iranian rock climber has refrained from supporting the movement. prompting fears she could be used by the regime to set an example to other women. >> they just can't let it go unpunished because they know how crucial it is to maintain this barrier of fear among people. >> reporter: nada bashir cnn london. >> thanks to nada bashir for that report. inflation is taking a a lot out of your wallet but it could be putting money back too. next, how changes the irs is

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