those five stand accused of plotting to storm the capitol. all five defendants have pleaded not guilty. hillary clinton and kamala harris heading to new york to try to help pull governor kathy hochul across the finish line in an unexpectedly tight race. crime the dominant issue there. a top trump aide will testify before a grand jury investigating the former president's handling of classified materials at mar-a-lago. a d.c. judge granted kash patel immunity for any information he provides. he now joins mark meadows and senator lindsey graham told by courts they must testify in cases exploring his conduct. meadows and graham will testify in a different case, the georgia probe in trump's effort to overturn the 2020 election. thanks for your time today. ana cabrera picks up our coverage right now. hello, i'm ana cabrera in new york. thanks for being with us. the final stretch is here.

we are now just five days to midterms with control of congress on the line. and here are the big named closers on the trail today, president biden flying to new mexico, vice president harris in new york and former president trump in iowa where he's kicking off four rallies in five days. we head to georgia first because power in the senate could come down to this race and the peach state yet again. cnn's eva mckend is in atlanta. you've been tracking this key battleground tate for months. what do we need to know? >> reporter: well, ana, we've gotten to the stage of the game where senator warnock, herschel walker are making their closing arguments, senator warnock talks a lot on the trail about his bipartisan work in congress. arguing that he is willing to work with republicans if ultimately it is in service to georgians talking about health care and his efforts to lower the cost of insulin. meanwhile, herschel walker working overtime despite his

many scandals to tie warnock to president biden blaming them both for the state of the economy. walker also routinely invokes his faith, saying on the campaign trail just yesterday, i'm going to go to washington and i'm going to take jesus christ with me. take a listen to both of their closing arguments. >> the differences between the options that georgians have right now are wide and deep. and, look, the reality is we always knew this would be a close race. and i think that speaks to where the country is and where people are, but i think when you look close and you don't have to look that close -- [ laughter ] -- you can see that georgians have a clear choice. >> god is getting me ready. you got to go up against tough, tough people. they will talk about you like a dog and then what was so funny they spent almost $100 million

against me already. and they're still behind. >> reporter: if you look at the latest polling it shows these candidates are statistically tied. what is really remarkable that is unique to this state is so many people have voted already. the total pre-election day voting has surpassed 2 million voters. yet and still walker and warnock are still trying to speak to those persuadable voters, those voters who have not made their minds up yet in the state. hard to imagine there are any left, though, ana. >> great to see people taking action casting those votes and those ballots. thank you, eva mckend. voters in georgia and elsewhere cast those final ballots next week but it could be several weeks before we know some of the winners. cnn political director david chalian is here to explain this for us. david, there's a solid chance we won't know the winner of this walker/warnock race until december? >> well, that's certainly true because of the runoff rule in georgia, ana, as you know.

a candidate has to get to 50% plus 1 to win it outright on election night. you're putting up there the most recent "the new york times" poll out of georgia. you see neither candidate is at that 50% mark in that poll. also no clear leader there. that's within the margin of error so it is a true toss-up race and it's possible neither candidate gets to 50% plus 1 and that means we just keep going in this runoff campaign through december 6th. that's when the runoff would take place. folks probably remember last cycle there were two senate races in georgia, both of which went to runoff contests and actually those were the decisive states that handed senate control to the democrats. >> and there are other key races that could be too close to call on election night as well. what are you watching? >> yeah, i mean, obviously the battleground states are pretty clear here, wisconsin, pennsylvania, arizona, nevada,

georgia, you see them all there. those are going to be the most closely watched states on election night and here's what we know. it is different state by state how the votes get counted. which matters in terms of how long it may be before we know results. let's use pennsylvania as an example. they are not allowed a process. their absentee mail votes until election day, until the polls open next tuesday. you see the poll there from "the new york times" sienna last week showing that pennsylvania race, showing a slight edge for fetterman there, 49% to 44%, but it's a close race. most of that poll was before -- taken before that debate but, ana, if you can't even open the envelope and start processing absentee votes until election day you can understand it may take time to get that counted. remember, we didn't know the result in the presidential race in 2020 until the saturday after election day in pennsylvania because of that process.

i don't think there will be as many votes this time. it's a midterm, not a presidential and the history of absentee voting in pennsylvania, it just skyrocketed during the pandemic. we'll see if it returns to form this time. but we know that people vote how they vote is a lot based on their partisanship so democrats tend to vote as a bigger share of the pre-election day vote, absentee vote, vote by mail. republicans tend to be a bigger share of the election day in person voting. and each state counts these votes in different orders and differently and so understanding that as we watch election night unfold will be very important because what may look like a big lead, let's say, for republicans at the outset in pennsylvania, that may be because only election day vote is counted then we may see the democrats close the gap as more and more of that absentee vote gets into the mix so it's just important to understand what as the votes are coming in, what kind of vote it is and what we know about

what is not yet in. >> right, that could shift the dynamics. it could shift the momentum. it could shift who is in the lead at any given time and so we'll have to be patient. thank you for explaining all of that to us and it's a reminder we may not know who controls the senate on election night. or the next day. could be longer. thank you. david chalian. let's bring in ron brownstein and explore more of the midterm political landscape. president biden is in new mexico today following his primetime speech on threats to democracy last night. former president obama is also focusing on this as he campaigns in key battleground states. take a listen. >> you've got election deniers serving as your governor, as your senator, as your secretary of state, as your attorney general, then democracy as we know it may not survive in arizona. that's not an exaggeration, that is a fact. >> this is also the first election since the events of

january 6th when the armed angry mob stormed the u.s. capitol. i wish, i wish i could say the assault on democracy ended that day. this year, i hope you'll make the future of our democracy an important part of your decision to vote and how you vote. >> ron, is this closing message the democrats' best strategy? >> you know, i guess i would say necessary, but not sufficient. there's no doubt, ana, that if you look at the underlying economic attitudes in the country, democrats are more competitive in this election than you -- than the traditional models would suggest at a moment when so many people are disstatue satisfied with the economy and that is largely because they have successfully focused a share of their traditional coalition particularly white collar voters on questions of rights, abortion rights and democracy. but those voter -- the voters who are focused on those issues remain fewer than the voters who

are focused often the immediate kitchen table concerns in front of them. >> it's the economy, stupid, right? we've heard that before. >> right. right. i mean, you know, it's not as if democracy and abortion are i relevant in this election. it is why democrats are in the game, particularly in the senate at a moment when presidential disapproval, dissatisfaction of the economy would point toward sweeping gains which we might get in the end anyway. the idea this could completely erase the concerns about inflation obviously has proven, you know, has proven untrue as we have gotten closer to the election particularly for those last points of voters who don't follow the campaigns as closely and really aren't necessarily tuned in to these arguments that might seem a little abstract, those are i think kitchen table voters and that is a tough environment for democrats when you've got the highest inflation in 40 years. >> what about who the messenger is? former president trump, trex, in

iowa at an event for republican senator chuck grassley today. why iowa? is that state in play for democrats? >> well, no, not really but iowa is always in the foremost in the mind of people running for president, republicans, iowa will certainly be the first state in 2024, look, i mean, part of the problem democrats have is that biden this year is more consistently and broadly facing disapproval than trump did in 2018. if you look at it on a national basis biden's national approval on election day might be very comparable to trump's 45% in 2018, but the key difference is that in 2018, there were still states where trump was at 50% or above. in fact, the four democratic incumbents that republicans beat in the senate in 2018 even though it was a good overall year for democrats were all in states where trump was at 50% or above. florida, north dakota, missouri and indiana. in contrast this year, biden's

approval is pretty weak, 45% or below often 40% or below in pretty much every state that matters for the senate battle which is why you haven't seen him in some of these key battlegrounds like arizona and nevada. >> hillary clinton hits the campaign trail for the first time in election cycle. she's not in a battleground state. but in new york. what do you make of the timing and location? >> yeah, you know, the rain falls on the just and unjust alike. when things are bad, no state is entirely an island, right? when have you the level of dissatisfaction we have with the economy now, you know, there are going to be democrats in very blue states that will have closer calls than they expect and some might even, you know, fall. now, you know, new york is a place where in the end it looks like democrats can stabilize in that governor's race but there are a number of house races that are surprisingly difficult for

them but as i say, i mean, there's no place that is entirely safe when you have a storm. i mean, the key as always in the midterm is going to be who shows up? it's really striking that the final polls that came out yesterday from cnn, marist, quinnipiac all have republicans doing better among likely voters than among registered voters and the reason for that is they anticipate that young voters in particular will fall back to their low turnout patterns of 2014 and 2010, won't come close to matching what they did in 2018 and that will give a final advantage to republicans and so that is going to be one of the critical variables about whether those predictions hold or whether, in fact, democrats can find a way to mobilize young people who were never that excited about joe biden all the way going back to 2020 primaries. >> as you slice and dice some of the most recent polling when you look at voter enthusiasm, republicans also have the lead there when it comes to voters who say they are really, really excited to turn out to vote right now and vote for their candidate for their issue.

ron, thank you very much for joining us. turning now to the investigation of donald trump and those highly sensitive documents at mar-a-lago. a federal judge has ordered former trump adviser kash patel to testify before a grand jury investigating this case. this is the adviser who following the mar-a-lago search claimed trump declassified large swaths of documents while in office. >> in october of 2020, president trump put out for the world to see a sweeping declassification order and he did it via social media. every single russiagate doc and hillary gate doc, every one. those are his words. that is the precedent that the president of the united states is allowed to operate under and in december and january on the way out i witnessed him declassify whole sets of documents. >> let's bring in carrie cordero, former counsel to the assistant attorney general. carrie, patel was called before the grand jury before and

declined to answer several questions by pleading the fifth but this time, sources close to the investigation tell us he has been granted immunity. what does that indicate to you? >> well, i think it's an important progression in the justice department's investigation. so he was absolutely entitled to invoke his constitutional right. his fifth amendment right not to incriminate himself. but we see the process, the judicial process and investigative process working. after that, the justice department then moved to compel and so now the judge has gone ahead and authorized for him to be given use immunity which means whatever statements he makes when he does end up testifying before the grand jury, the justice department can't use those statements against him in this particular matter. so about the topics that have to do with the handling and the mishandling of these classified documents and of the potential

obstruction of the investigation. so it means that when he eventually does appear before the grand jury, he will need to answer questions, he will be under oath and he will be under penalty of perjury if he's not truthful. >> but why give him immunity? why, you know, clear kind of the field for him and his legal jeopardy that he could be in? he must have some value to federal prosecutors, right? what do you think he could provide to them? >> absolutely. so the justice department would not want to go ahead and go along with a decision to offer him use immunity if they really didn't think that the information he has is compelling, is important, is in the public interest and is in really the interests of this investigation going forward. the justice department has an open active obviously criminal investigation. they are bringing witnesses before the grand jury. they're bringing information before the grand jury. the grand jury functions as a

process to be able to eventually bring an indictment if they have the evidence to do it and so they obviously have made the judgment which is not a light one for prosecutors to make because usually they would like to be able to prosecute anyone that they think they have evidence to bring the crime against if it meets the particular pross skew electoral discretion and objectives of the justice department for a particular crime so they think he has information that's really important to the continuation and the resolution of their investigation. >> could this put more pressure on other trump insiders to cooperate with prosecutors? >> well, each person will be handled individually, so certainly the fact that he has gone through this process and that we're seeing this process work should, you know, potentially will indicate for other witnesses that this is the process the justice department and that the judge handling overseeing the grand jury can potentially implement. so it is some -- an option that potentially is there but the

justice department would have to have the judgment that other witnesses have the same important information that they obviously have judged kash patel to have. not just anyone is going to be enable the process to have been granted immunity. >> okay, carrie cordero, good to see you. thanks for joining us. can't even vote. the man who allegedly attacked house speaker nancy pelosi's husband in an alleged effort to take nancy pelosi hostage is not a united states citizen and may be deported. how does that impact the case? plus, elon musk just met with a bunch of civil rights leaders among others and made promises on fighting hate and misinformation on twitter but will he follow through? we'll discuss with a man who is in that meeting. and why glaciers at yellowstone or yosemite park could be gone in 30 years. why that's a big problem. als

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we're learning today the man accused of brutally attacking house speaker nancy pelosi's husband paul with a hammer was in the u.s. illegally. he's canadian and now he may be deported. cnn's veronica miracle is following these developments for us. veronica, what more are you learning about what david depape was doing in the u.s. in the first place? >> reporter: well, ana, we understand according to federal records david depape was a canadian citizen who was here on a temporary visa, we're told that he entered the country through the california/mexico border back in march. now, canadian residents are allowed to be in the u.s. on temporary visas for up to six months at a time but those federal records say he

overstayed it so i.c.e. issued a detainer on him and asking authorities to notify him in the event he was ever to be released. >> how could this impact the case? >> reporter: so we understand that this is really unlikely to have an impact on his case immediately. these immigration issues are often resolved after criminal issues are settled so in the case that he would ever be deported and the u.s. were to seek that, that would happen after a potential conviction and after a potential prison sentence. ana, depape pleaded and entered not guilty pleas for all of his felony charges for -- that the state issued him including assault with a deadly weapon, attempted murder,burg lary, elder abuse and jackie spiers has said that the state could consider him charging him with a hate crime. here's what the san francisco

district attorney brooke jenkins had to say about that possibility. >> of course, we'll be looking into everything that we believe is a crime that he violated. at this point that is not something we saw fit to charge but certainly as well as the federal government will be looking at what charges we will proceed on going forward. >> reporter: ana, depape is also facing two federal charges for which he has not entered pleas on and faces up to 50 years in federal prison for just those two charges. tomorrow is going to be the next step in his corporate proceedings here for the state charges and understand he is not expected to be in court. it will be more of a procedural hearing where they'll set dates for the next step in this -- in those state charges and what he's facing there. >> veronica miracle, thank you for that update. now to a cnn exclusive. and new chilling 911 audio from another student trapped inside a classroom during the elementary

school massacre in uvalde, texas. yesterday we played the heart-wrenching call from khloie torres. the 10-year-old who pleaded with dispatchers, please get help. i don't want to die. one of her classmates who survived, fourth grader mia was injured by flying shrapnel. she also spoke with a 911 dispatcher asking for officers to help save them from the gunman as shots were fired in the background. shimon prokopecz is here with us now. what more can you tell us about mia and this? >> this sound takes us a little further into the events of that day sadly just horrific and this takes us through sort of the moment where there are gunshots fired inside the classroom and you see officers not reacting. they start heading towards the classroom but she's on the phone telling the dispatcher there are gunshots, not even sure where the gunman is but could hear the

officers so what we did is took the video with audio and we put it together to give viewers this view of what was going on in those moments. take a look. >> hello. >> i'm here. i'm here. i'm here. >> okay. still in the building. >> i'm sorry? >> there's a killer in the building. >> still there in the building. you need to be quiet and do not open the door. >> everyone should be as quiet as possible. >> he's shooting. >> stay tight. make sure everyone stays tight. >> okay.

>> are there other officers there? hold on, don't do anything. what was that? >> i think the officers are in the building. >> okay. officers are in the building but do not open the door until i tell you. >> okay. >> just stay quiet. >> okay. >> shimon, the bravery of these kid, these children is just unmatched. >> unmatched. >> you know what's so disturbing as i watched that with the time code alongside the officers' actions while we were seeing and hearing what this child was telling dispatcher, what miah was sharing, remove any doubt what she was relaying to them this shooter was still active and yet we are seeing time codes around 12:20, 12:25, they didn't even enter the room, i should say, until 12:00.

>> almost a half an hour later from even when the gunshots were fired and they could hear the gunshots because you see in the video they react to it but then they stop. they start advancing and then they stop and they're waiting for the border patrol, the s.w.a.t. team from the border patrol to eventually go in. we didn't air the gunshots. obviously very disturbing and the family have asked us not to air any of the gunshots so we respected their wishes but it's horrific because they're in the classroom. you could hear them. >> you have been sharing this audio that you've gotten on these 911 dispatch calls with some of the family members of victims, with obviously the family members of these two girls who you brought us their audio from. and i'm wondering if the calls have had an impact in how they view accountability. >> yes, that's the whole point of this for them. it's accountability. they want these stories out there because otherwise they feel answers they will never get the answers this he need and that people will never, those officers and the government

officials and the officials making decisions that day will never be held accountable. so that's why they're doing this. also these calls have really helped these parents. it's been tough for them. a parent i spoke to said it's been rough. this morning they're having hard times listening to what their kids were going through but it's helping them answer some questions and i think understand better what was going on in the classroom in those moments to try to help deal with what their kids are now dealing with, the trauma and the fact that these kids knew that these officers were in the hallway and these questions that these kids continue to have is why didn't they come and get us sooner? >> we keep getting drips and drabs of information and learning new tidbits here and there. did we know when the investigation is -- >> that's the problem here. the head of the department of public safety said maybe in two months at the last public hearing it could be another two months before there'some information and it will be peer reviewed. are we going to have a detailed

report? the doj launched a review, but will anyone on the state level launch a review? people are still like in the city of uvalde, they are still waiting for information so they can launch their review and make any necessary changes because there's a district attorney there who is refusing to release any information. and has prevented them in some cases from reviewing information. >> because that district attorney is doing their own review? >> yes. >> to see if criminal charges are warranted. >> she's doing an investigation. that's something she's investigating but it's not really clear, and no one really understands what's going on and really for the parents obviously they just want answers and want accountability. >> thank you so much, shimon prokopecz. will elon musk follow through? he just told a group of civil rights leaders and others that he's committed to fighting hate on twitter. naacp president derrick johnson was at that meeting. he will join us next.

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twitter's ceo elon musk met with a whole bunch of civil rights leaders, the anti-defamation league, easy for to say and others and promised that he's going to crack down on

hate speech on this platform after an immediate surge when musk took over, for example, according to an independent watchdog group the use of the "n" word spiked nearly 500% in musk's first 12 hours as ceo. joining us now is the president and ceo of the naacp, derrick johnson. thanks so much for joining us. you were on this zoom call with elon musk. did you get the sense that musk understands how serious of a threat this is? >> well, we pressed upon him the current political climate, the current climate in general is one of tribalism and it's cautioning many of our communities harm and socially a platform like twitter, they are the superspreader of misinformation in hateful content. so he agreed with much of what we stated. now for many of us we're going to see what is he going to do next. is he going to keep intact election integrity unit to ensure misinformation is not in the conversation during this

upcoming election and after all the way through to certification. will he put in place a true content moderation council with actual authority to take down posts that are harmful to communities and will he take serious the message that we're sending not only from the african american community, jewish community, latino and lgbtq community because all communities are under direct threat. >> what assurances if any did he give you? >> well, the assurance for us what he's going to do over the next few hours in terms of the election integrity unit. will that unit stay intact and have the necessary tools to make sure misinformation about the upcoming election is not put on the twitter space. will he, in fact, empower a content moderation council with true authority and not just window dressing. those are clear indicators that

is built an outcome from the conversation. it is great that he agreed to what we requested. now we are watch will see if he actually does it. >> you keep coming back to this issue of election denialism, misinformation related to elections and other issues. did anyone ask or did you talk about the former president trump coming back to twitter? >> well, we talked about those who have been removed from the platform making sure there's a thorough vetting before anyone is placed back onto the platform to make sure those individuals who were removed for a cause because of the level of vitriol, hate, they were spewing and misinformation is there justification to bring them back. if you talk about the former president, he has demonstrated that there is no justification to put him back on the platform because he has not changed his ways. he is still an election denier

although he know he lost the election and will still use tribalal imand other racial tropes to cause division in our society and placed the lowest common denominator so if elon musk is true under no circumstance should trump be placed back on the platform and there's a whole list of others that fall into that same category. >> what about the issue of musk himself pushing a baseless conspiracy theory about the attack on paul pelosi? did anyone ask about that? >> well, that didn't come up but that's our next conversation and, unfortunately, we are living in a political space where a 72-year-old grandfather can be attacked in his home with a hammer and somehow it's part of the political fodder. we should never be talking about this as if it's okay. and so that is definitely a part of the next conversation. this was an initial discussion of the naacp and others to establish an open line, now it's

a matter of what are the next steps that's going to be put in place and like i am held to a certain standard in accountability. elon musk must be held to that same standard on his own platform. >> naacp president and ceo, derrick johnson, thanks so much for joining us and sharing those insights. >> thank you for the opportunity. what is kim jong-un up to? north korea launching a new barrage of missiles striking fear across the region and sparking a new response from the united states. that's next.

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oversears a dramatic increase in tensions on the korean peninsula after 23 missiles launched just yesterday. north korea is keeping up its intensive blitz of missile launches today including firing a suspected intercontinental ballistic missile that reportedly failed in flight. today's missile test marks the country's 30th day of launch events this year. and now the u.s. and south korea have decided to extend their joint military drills that were originally scheduled to end friday. i want to go to senior international correspondent will ripley in seoul, south korea, and, will, north korea says she's launches are in response

to the joint missile drills between the u.s. and seoul but as we just saw these launches have been happening really all year. they're now accelerating so what is pyongyang's goal here? why this surge? >> reporter: yeah, i think pyongyang's goal is twofold using this military drill vigilant storm as an excuse to go down their list of weapons testing although kim jong-un has felt emboldened this year increasingly so to go down that list anyway because diplomacy with the united states fell apart really beginning in hanoi with the former u.s. president donald trump and then you have now this authorize taron alliance with russia and china and to a lesser extent north korea all having each other's back regardless of what the west says, regardless of pressure from the united states. xi and putin are in no mood to work with the united states on punishing pyongyang and kim jong-un knows that which is why we've seen at least 30 missile launch events this year and we're talking about events that

includes a 24-hour period number of missiles launched so yesterday with 26 launches, more than two dozen, that counted as one event. that was event number 29, event number 30 today, the failed test of the intercontinental ballistic missile, the most powerful ballistic missile that north korea has made that theoretically could hit almost anywhere in the world, including the u.s. it was supposed to go on a trajectory over japan but failed midflight. it only traveled about a third of the altitude that the previous successful test of this icbm back march accomplished and so in japan just like in october, there were air raid siren, it was a national emergency alert but then all of a sudden this icbm disappeared presumably having failed after the first stage of flight. and what kim jong-un has also achieved here is to strengthen american alliances in the region, analysts say, because

now with a hawkish south korean president who does not like his predecessor believe in trying to do anything possible to make peace with the north, he wants to show force. the president there -- the statement about that, i'll read a part of it. it says, it was necessary to demonstrate a solid combined defense posture of the bilateral alliance under the current security crisis heightened by north korea's provocation so north korea says it's the u.s., the u.s. and south korea say it is north korea that's escalating tensions in the region with no end in sight. >> will ripley, thanks for that reporting. to russia where we've learned u.s. officials met with detained american brittney griner today. the white house saying they have been told she is, quote, doing as well as can be expected under the circumstances. the wnba star serving a nine-year prison sentence. the white house went on to say bringing her and american paul whelan home continues to be a top priority. we'll be right back.

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30 years whether global warming slowed or not. a sobering finding from researchers based on satellite data. among the glaciers on the brink of vanishing, yosemite and yellowstone. repeat photography documents the vanishing glaciers through time. >> glaciers are one of the most valuable indicators of climate change, because they are visible. we can see with our eyes the retreat of a glacier. >> reporter: the report finds that one-third of the planet's glaciers identified by the united nations as locations of significance are set to disappear and the scientists warn the impact willing felt a world away. >> glaciers retreat is contributing to about 5% of global sea level rise. the impacts of this melting can be seen in our daily lives through, for instance, floods as well as coastal erosion and even

tsunamis. >> reporter: glacial melt was received to have contributed to two catastrophic floods. at yellowstone, torrential rain and abnormally warm temperatures caused a wave of snowmelt that produced a foot of runoff in dangerous flooding, and in pakistan, intense monsoon rainfall coupled with glacial melt following extreme heat in the region triggered deadly flooding. so runoff from glaciers are an important water source for agriculture, irrigation and hydropower. es ppecially in already drought-prone straights. far-reaching. it's made clear the main action needed to counter melting and save other gloaciers is cutting green house gas emissions. >> 30 years. thank you. houston astros made world series history. four astros pitchers took the mound last night against philadelphia and they threw the first combined no-hitter ever in a world series game.

the teams are now tied at two games apiece. game five is tonight in philadelphia. that does it for us. thanks for being here. see you back here tomorrow, same time, same plays. as always, the news continues with victor r blackwell next. free monsters, free bosseses, any footlong for free! thisis guy loves a great offer. so let's see some hustle! and i'm going to tell you about exciting medicare advantage plans at can provide broad coverage and still may save you money on monthly premiumsnd presiption drugs. with original medicare you are covered for hospital stays and doctor office visits but you have to meet a deductible for each, and then you're still responsible for 20% of the cost. next, let's look at a medicare supplement plan. as you can see, they cover the same things as original medicare, and they also cover your medicare deductibles and coinsurance. but they often

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