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Anderson Cooper 360 Degrees

FBI Seized The Phone Of John Eastman, Trump's Election Attorney Says; January 6 Committee Unexpectedly Adds New Hearing For Tomorrow; Abortion Ruling Fallout; Airstrikes On Mall Kills More Than A Dozen; Officials Expect Death Toll To Rise; VP Harris Sits Down With CNN For First Interview After Roe Reversal; Missouri Highway Patrol: At Least 3 Killed, 50 Injured When Amtrak Train Derails After Hitting Dump Truck; Jan. 6 Committee Unexpectedly Adds New Hearing For Tomorrow. Aired 8-9p ET

Aired June 27, 2022 - 20:00   ET


PHIL BLACK, CNN INTERNATIONAL CORRESPONDENT: That will be welcome news here, but it will also be scrutinized very closely. What will the capabilities of this system be? How much of this large country will be covered and protected? Because as Russia has shown repeatedly, and indeed has proven again today, it has both the will and the ability to hit almost any target including civilian targets at any time it likes, almost anywhere in this country -- Erin.

ERIN BURNETT, CNN HOST: Phil Black, thank you very much.

The sobering reality in Ukraine.

Thanks so much for joining us. AC 360 starts now.



We begin tonight with two developments to the January 6 investigation. The first concerns John Eastman, the Trump lawyer who cooked up the scheme to overturn the election. The one former White House attorney Eric Herschmann, told to "get a great effing criminal defense lawyer."

We learned tonight the FBI has seized his phone. Eastman, as you know did nothing to dispel suspicion when he went before the Select Committee took the Fifth over and over again.


JOHN EASTMAN, FORMER DONALD TRUMP LAWYER: I assert my Fifth Amendment right against being compelled to be a witness against myself.

QUESTION: Did the Trump legal team ask you to prepare a memorandum regarding the Vice President's role in the counting of electoral votes at the Joint Session of Congress on January 6, 2020?

EASTMAN: Fifth. QUESTION: Dr. Eastman, did you advise the President of the United

States that the Vice President could reject electors from seven states and declare that the President had been re-elected?


QUESTION: Dr. Eastman, the first sentence of the memo starts off by saying seven states have transmitted dual slates of electors to the President of the Senate. Is that statement in this memo true?


QUESTION: Did President Trump authorize you to discuss publicly your January 4th, 2021 conversation with him.


QUESTION: So is it your position that you can discuss in the media direct conversations you had with the President of the United States, but you will not discuss those same conversations with this Committee.



COOPER: The second development tonight concerns the Select Committee and it is a surprise. The Committee today announcing it will hold proceedings tomorrow in which it would "present recently obtained evidence and received witness testimony."

CNN's Ryan Nobles is with us tonight with more on both stories, starting with the Eastman seizure, which kind of sounds like a Robert Ludlum title.

Ryan, how did they get the phone?

RYAN NOBLES, CNN CONGRESSIONAL CORRESPONDENT: Well, it's important to point out first of all, Anderson, that we only know John Eastman's side of this and that is because he issued a court filing, complaining about the way that the FBI went about obtaining this information.

He says that he was leaving a dinner with his wife and a friend when a group of FBI investigators came up and started asking him for information.

They searched him. They were able to obtain his phone, they got into his phone by using his facial recognition to open the phone up and then got access to the information inside of it.

So, we're not exactly sure which branch of the FBI was looking in to Eastman and his role in all of this. He believes that it's the Justice Department's Inspector General, but they are not responding to our questions about that tonight.

We do know this, though, Anderson. This shows that the Department of Justice continues to expand its investigation into the efforts to undermine the election results and how that pertains to January 6th and we know from the work of the January 6th Select Committee that John Eastman was a key player in all of that happening.

COOPER: We should point out this happened actually last week, wasn't it the same day -- I think it was last week, is that correct?

NOBLES: That is correct. It was Friday.

And to your point, it was the same day, as we know that Federal investigators went into the home of Jeffrey Clark, well, who is that? That Department of Justice lawyer who was a part of the effort inside the Trump administration to try and get the Department of Justice to look into allegations of voter fraud that were completely unfounded.

Clark's efforts were ultimately turned back by Jeffrey Rosen and Richard Donoghue, the acting Attorney General and his Deputy, and of course, we do know, Anderson, that Donald Trump wanted to make Jeffrey Clark the Attorney General so that he could enforce that effort that Trump was looking into.

But as both Rosen and Clark or Rosen and Donoghue testified in the hearing last week, there would have been a mass exodus of Department of Justice lawyers had Trump attempted to install Clark as the Attorney General.

COOPER: Right. And this is about the Department of Justice independent of anything that the January 6 Committee is doing. We should point out we're reporting about Eastman today, because we just learned about it, as you said, because of that Court filing.

There are also new details about this last minute hearing the January 6 Committee added for tomorrow. They weren't expected to do anything this week, at least, do we know why or who they're talking to?

NOBLES: Yes, this is a huge surprise, Anderson, because the Committee had made such a big deal of the fact that they were going to take a break, that they brought in a lot of new information as a result of their hearings, and we're going to try and process that information, and then not come back with another round of hearings until the middle of July.

They are also somewhat required by Congressional rules to advise when they're holding a hearing a week ahead of time. There are only very extenuating and really emergency circumstances that allow them to bring together a hearing at the last minute.


That seems to be what has precipitated this hearing tomorrow. They say they have new information, new witness testimony that they believe needs to get out into the public.

They just announced their plans this afternoon for a one o'clock hearing Eastern Time tomorrow. We don't exactly know who the witnesses will be, what information it is, but the fact that they threw this together so quickly shows that it could be very important. COOPER: Yes. I mean, it certainly raised expectations considerably.

NOBLES: There is no doubt about that. I mean, all the members of the Committee had gone home to their districts for a July 4th recess. They weren't expected to even be back into Washington until the first week of July.

So the fact that they're changing their plans, many of them coming back to Washington very quickly shows that this is something significant.

And you're right, Anderson, just from a public perception standpoint, the fact that they are drawing this much attention to this hearing shows that they have information that could be very important. The expectations are going to be very high.

At this point, the Committee is not doing anything to downplay those expectations heading into this hearing tomorrow.

COOPER: We'll be covering it obviously from DC tomorrow. Ryan Nobles, thank you.

Joining us now, former Virginia Republican Congressman Denver Riggleman, who served as senior technical adviser to the Select Committee; also with us tonight, CNN legal analyst and former Federal prosecutor, Elie Honig.

Elie, the fact that the DOJ was seizing Eastman's phone, what hoops do they have to jump through in order to make that happen?

ELIE HONIG, CNN SENIOR LEGAL ANALYST: Anderson, so this is a big step, and it tells us a few things. First of all, prosecutors have to establish that they have probable cause, not necessarily prove beyond a reasonable doubt, but probable cause that a crime was committed.

And when you make that showing, Anderson, you have to write it out. I've done this. You have to be specific. "Here's our evidence. Here's the crime we think was committed."

They also have to show that it's likely that they'll find evidence of that crime in the item they are seizing, apparently, in this case, John Eastman's phone, and importantly, a Federal Judge has to independently review that and agree there's probable cause.

Again, I've been through that. Sometimes Judges look at the affidavit and say, "Yes, you've established probable cause. Here's your search warrant." And sometimes they say, "No, I disagree."

So we know DOJ believes they have probable cause, Anderson, and we know that a Federal Judge has agreed.

COOPER: So the bar is pretty high in order to get the phone. Congressman Riggleman, what do you make of this seizing of the phone? And what kind of information -- I mean, why did they need to actually seize the physical phone? What information can they get off that? DENVER RIGGLEMAN, FORMER US REPRESENTATIVE: They can get a lot of

great information. It is great just to hear Elie, you know, talk about writing the affidavits. I never did that. But I definitely rip the phones once we get the, you know, the ability to do so.

And also listening beforehand. Anderson, I think everybody around January 6, are disabling their facial technology right now. Right? Based on how Eastman had his phone taken.

But what's in the phone? You can see deleted data files, you can see what's on their SMS text messages. You can look at the apps, what apps they have been using. You know, you can even find geolocation. There's a lot that you can glean from a phone.

And, you know, that's what I find interesting right now is you know, Eastman is also fighting to call detail records to go to the Committee. There's a lot of individuals in the January 6 Committee that are fighting their call detail records, many of the principals, because it's so valuable what you can get off a phone.

But call detail records, I can get all kinds of great stuff off a call detail records, but a phone actually, ripping a phone through something called cell ex or cell phone exploitation is something that gets me pretty excited, not in a weird way, but it definitely gets me excited if I can get on that phone and I can see what type of files that they're looking at, what they're -- my gosh, you can even see their permissions.

And once you get into the deleted files and permissions and e-mails, you can certainly see some of the things that we're doing and even looking at their text messages that they have on their phones and even things like Signal chat apps, and things like that.

So it's very valuable to get into that phone.

COOPER: Now, Elie, is finally in Court to try to get the phone back, to try to make it so that they can't -- he's saying the way it was taken was inappropriate. Are they allowed to use -- I mean, can they just take his -- physically take his phone and hold it up to his face and get -- use his face to open it up?

HONIG: So, what's interesting, Anderson, if you look at John Eastman's memo, it actually says he quotes the permission that the Federal Judge gave the prosecutors and the Federal Judge authorized prosecutors to use biometric data, meaning the person's face to open the phone, and that's fairly common nowadays.

So yes, they did have permission from the Federal Judge according to Eastman's own filing. His motion here to get his phone back is essentially a Hail Mary. Those almost never succeed.

Normally, the way it works is once the government prosecutors use evidence in a case, then you can move before trial to throw that evidence out.

But at this point, it's way too early. Eastman's motion here has next to no chance of succeeding.

COOPER: Congressman Riggleman, as someone who worked with the January 6 Committee, what do you make of this surprise hearing announced for tomorrow afternoon?

RIGGLEMAN: Well, I don't think they would bring people back unless it was important and, you know, I don't want to, you know, overstep or get over my skis here, but so far, you've seen the Committee do very well.

They've been very careful on how they present their witnesses, they have been very professional. I don't think this is some kind of drama- laden exercise where they want attention.

I think that somebody reached out to them, somebody they've been working with and they really want to talk. And if they're calling people back right now, from all the things we've seen in the last week, and again, I don't like to speculate because if the Committee is worried about security, I'm worried about security.


But on the other hand, I think people can look at this and say, if the Committee is calling back a witness tomorrow and there are security concerns, this is a pretty darn big deal.

If you have people coming back talking about what we saw with the three attorneys that we just saw talk, so you're talking about Rosen and Donoghue and Engle, my guess is, it's sort of a continuation of that. But again, I don't want to speculate too much.

COOPER: Right.

RIGGLEMAN: But again, bringing them right now means this is a pretty big deal.

COOPER: Elie, I mean, the fact that they've scheduled this, so suddenly, does it -- I mean, I guess, they could have turned up something time sensitive that they needed to move on this week.

HONIG: Yes, Anderson, I agree with Congressman Riggleman. The Committee has done a good job of delivering on its promises. They've not gone out on limbs unnecessarily, and I've been in situations like this as a trial prosecutor while doing investigations.

Sometimes an opportunity comes along where you have a witness who A., has some really important information. And B., you're not confident you're going to be able to keep that witness in the fold. You don't know, maybe sometimes people change stories. People get to people. Who knows?

And so what do you do? I used to put them in the grand jury that day. I would say "We're going right now," as soon as I can reserve a half hour in the grand jury.

So it tells me it is something urgent and it tells me it's something that they want to get in tomorrow.

COOPER: Congressman Riggleman, I appreciate you being with us; Elie Honig as well. Thanks so much.

We are following some grim news out of North Central Missouri, an Amtrak train has derailed and at least three people had been killed. ' Southwest Chief was heading east from Los Angeles to Chicago when they hit a truck at a crossing, a little more than 100 miles northeast of Kansas City.

CNN's Nick Valencia is monitoring developments, he joins us now.

What are authorities saying? How did this happen -- Nick.


This happened in an uncontrolled public crossing, meaning that there was no electronic devices keeping vehicles from getting on those tracks and there were no lights.

It happened in a very rural area, as you see from the video about two hours northeast of Kansas City. And this Amtrak train, which was traveling from Los Angeles to Chicago carrying 243 passengers and 12 crew. Among them, at least 50 injured and three of them killed, two of them on the train, and one we understand from the Missouri Highway Patrol was in the dump truck that was blocking the railway.

But you know, this is just really terrifying stuff that happened and listen to one of those eyewitnesses that survived this harrowing experience.


UNIDENTIFIED MALE: The hardest part from what I heard was the people in the dining car and the observation deck because they didn't have barriers to step on to get out, and that was that. All the cars were knocked over except the main engine.

So the latter cars got the worst of it.


VALENCIA: The scene saw multiple train cars overturned, some of them on their sides. You know, two locomotives we understand were also part of this accident. And according to the NTSB, they're sending a team there that is expected to arrive tomorrow.

All of this is developing and still very much so a fluid situation -- Anderson.

COOPER: Yes. This is just horrible to think about.

Nick Valencia, appreciate it.

Coming up next, the fallout already starting from Friday's landmark abortion ruling, and in the fallout still to come. We're keeping them honest.

And later, Dana Bash's exclusive interview with Vice President Kamala Harris, what she said about Friday's ruling, the Select Committee and more.



COOPER: More fallout in the wake of Friday's Supreme Court ruling overturning Roe v. Wade, a Federal Judge freeing South Carolina to enforce its ban on abortion beginning at around six weeks. So-called Fetal Heartbeat Law wasn't the first repercussion, it certainly won't be the last of the Court's most consequential decision in generations.

Tonight, three days after the Court overturned the women's federally protected right to an abortion, we are just beginning to get a very limited sense of what might follow.

Here is what we know for sure. The orange states on the map have laws restricting abortion access, including 13 with so-called trigger provisions designed to kick into action after Roe v. Wade was overturned.

Mississippi activated its version today banning abortion 10 days from now -- 10 days from now, Mississippi. In Louisiana, however, a Federal District Judge put the state's trigger mechanism on hold. But even in states without them where abortions are available now, some like Pennsylvania are just a 2022 Governor's race away from banning abortion.

Recent polling shows anti-abortion Republican Doug Mastriano within a few points of his Democratic opponent in a state where Republicans already control the legislature.

And as for the substantial percentage of women who now end their pregnancies early with medication, there is a question of whether states can ban access to it and it's an open question. So is what happens to in vitro fertilization, which doctors create many fertilized eggs, but freeze some or discard some because they might not result in healthy babies.

Because some states now define life as beginning at the moment of conception, doctors worry the procedure could now be targeted by some legislators. Even before Friday's ruling, there were reports of patients and providers moving embryos to other states.

Another question to which there's no answer yet. What about miscarriages? Well, the prosecutors in some states turn the women who've had them and their health providers into suspects.

There is also the question of the Supreme Court's credibility. New polling from Gallup shows confidence in the Court at an all-time low, just 25 percent. One possible reason, Justices who suggest one thing at their confirmation hearings then do the opposite on the Court.

Here is what Brett Kavanaugh said in 2018.


BRETT KAVANAUGH, THEN NOMINEE FOR THE US SUPREME COURT: And one of the important things to keep in mind about Roe v. Wade is that it has been reaffirmed many times over the past 45 years, as you know, and most prominently, most importantly, reaffirmed in Planned Parenthood versus Casey in 1992. That makes Casey a precedent on precedent.


COOPER: Precedent on precedent that he voted to abandon. He suggested he wouldn't, but he did. Neil Gorsuch expressed similar thoughts, voted the same way.


Maine Republican Senator Susan Collins, as you know, took both at their word and has said, "This decision is inconsistent with what Justices Gorsuch and Kavanaugh said in their testimony and their meetings with me."

As a matter of precedent, Friday's ruling raises more questions. You'll recall in his concurring opinion, Justice Clarence Thomas, called on the Court to "reconsider all of this Court's substantive due process precedents, including Griswold, Lawrence, and Obergefell."

If you're unfamiliar with the names, that means access to contraception, decriminalizing private consensual sex acts, and same sex marriage. When asked whether Republicans who support Friday's decision should have to defend the possibility the Court won't stop at abortion, here is what Minority Leader Kevin McCarthy had to say.


REP. KEVIN MCCARTHY (R-CA): You read the opinion, Alito said no, this is only dealing with Roe v. Wade, not with anything else. So I don't think they will be used in a campaign because it is inoculated from there.


COOPER: That's not what Justice Clarence Thomas is saying, and Vice President Harris sees Friday as just the beginning. Here's what she told CNN's Dana Bash.


KAMALA HARRIS (D), VICE PRESIDENT OF THE UNITED STATES: I definitely believe this is not over. I do. I think, he just said the quiet part out loud.

And I think that is why we all must really understand the significance of what just happened. This is profound.

(END VIDEO CLIP) COOPER: Again, though, much of what she is talking about is still

down the road, if in fact it comes to pass, some is happening right now. The effects are hitting real people in real time.

Our Randi Kaye visited an abortion clinic in Alabama, one of three in the state.


UNIDENTIFIED FEMALE: Alabama Women's Center.

RANDI KAYE, CNN NATIONAL CORRESPONDENT (voice over): It's only 8:00 AM and the phones at the Alabama Women's Center in Huntsville are ringing off the hook.

UNIDENTIFIED FEMALE: Alabama Women's Center.

KAYE (voice over): Just days after abortion suddenly became illegal in this state, this is now the standard response from staff.

UNIDENTIFIED FEMALE: Due to the overturn of Roe versus Wade, we recommend that you consider looking into other states.

KAYE (voice over): This 18-year-old showed up at the clinic today still hoping to get an abortion, but was told they can't help her. She agreed to speak with us if we hid her identity.

She says she is two months pregnant.

KAYE (on camera): Did you know that Roe v. Wade had been overturned when you came here today?

UNIDENTIFIED FEMALE: I did, but I didn't know it was already like causing places to stop doing them.

KAYE: So you thought you could still come here and get an abortion today?


KAYE: And what did you think when you realize you couldn't get one?

UNIDENTIFIED FEMALE: I just don't think it's their -- no matter the situation, I feel like you should be able to have an abortion.

KAYE (voice over): Dr. Yashica Robinson runs the Alabama Women's Center, one of just three abortion clinics that were operating in Alabama before Roe was overturned.

DR. YASHICA ROBINSON, ALABAMA WOMEN'S CENTER: I felt powerless as a physician, you know, I know how to care for these patients. It's like you have the tools to help somebody and you choose not to help them and that -- that was hard for me.

KAYE (voice over): Abortion is now illegal in Alabama, except in cases where the health of the mother is substantially at risk or the fetus isn't expected to survive.

There are no exceptions for rape or incest. If providers break the law, they could go to prison.

ROBINSON: I know exactly what my attorneys have told me is safe for me to say. And so I feel like somebody is calling me for help and I'm giving them a vague answer and it feels very hypocritical to me.

KAYE (on camera): You're concerned about aiding and abetting.

ROBINSON: Exactly.

KAYE (voice over): This 18-year-old who asked not to be identified came to this clinic for an abortion just days before Roe was overturned.

UNIDENTIFIED FEMALE: I'm proud of the decision I made.

KAYE: She was 11 weeks pregnant when she had her abortion and is grateful she had a choice.

KAYE (on camera): What do you think about all those women who have been turned away or had appointments cancelled, and now will no longer be able to get an abortion here?

UNIDENTIFIED FEMALE: I feel so bad for those girls. Because I remember, this was a hard decision for me. I couldn't imagine being looked at my face and told "no."

KAYE (voice over): And now after the other 18-year-old we met was told "no" with the clinic, she is even more scared as she tries to figure out what to do next.

KAYE (on camera): Do you feel sort of lost right now?


KAYE: Do you have any idea where you'll go?


KAYE: Do you feel like you're going to be forced to have this baby?

UNIDENTIFIED FEMALE: I mean, I know I'm going to -- I know I'm going to get it done. But like, I'm going to try because I don't want it. I don't want to have it. So I'm going to try to go somewhere.

But it's just stressful because I feel like I might not be able to find a place in time.


COOPER: And Randi, as of right now, she said she might -- she would try to go somewhere. If she wanted to go to another state, where -- what other states nearby would be available to her? KAYE: Right now, Anderson, Georgia would be the shortest drive from

here in Huntsville, Alabama but time is of the essence. That's because the Governor of Georgia signed a bill into law back in 2019, which bans abortion at six weeks.

Now, that is caught up in Court. Opposing parties can go to Court. They can make their argument up until July 14th at this point.


But that can change any day. So time is really important for this woman, if she is going to make an appointment at a clinic in Georgia, and Dr. Robinson told us that a lot of these clinics in the states that are still allowing abortions are getting very overwhelmed and overcrowded, so these women do have to act fast.

Just imagine the scene, Anderson, this 18-year-old with a friend of hers in tow, these two young women on a summer day driving around visiting and surveying abortion clinics to see if one of them will go ahead and do that procedure.

So it's a very difficult time for women. In fact, and not just these younger women, but Dr. Robinson told us about a 28-year-old woman, Anderson who came into her clinic today looking to get her fallopian tubes tied that would prevent pregnancy and she is going to take that extreme step because she is very concerned about getting pregnant here in Alabama, and not being able to have an abortion if she chooses to.

So she is going to take that step and have her tubes tied -- Anderson.

COOPER: Randi, appreciate the report. Thank you.

Coming up next, a massive airstrike killed more than a dozen civilians today at a Ukrainian mall. This, after a weekend attack in the capital, Kyiv.

I'll speak to Olena Gnes, a resident of Kyiv, a wife, a mom who has been on our broadcast many times since the war began about the difficult decisions she and other parents are having to make when we return.



COOPER: In addition to the grinding bloody fight going on in eastern Ukraine tonight, a missile attack hit a wall in the central part of the country today. At least 15 are dead there. Officials say the number could rise, they don't know how many may be buried under the rubble. President Zelenskyy says about thousands or more had been in the mall before the air raid was announced. He called the attack one of the most daring terrorist acts in European history, comes a day after missile attack on the capital Kyiv one dead, six wounded in that among those wounded a seven-year-old girl.

Just before airtime tonight, I spoke with Olena Gnes, a resident of Kyiv, who's appeared in this broadcast a number of times since the war began. She has been sheltering in a basement in Kyiv from much the war, but tonight is back in her apartment with her three children.


COOPER (on-camera): Olena, it's been over a month since we last spoke with these bombings in the city over the weekend, one of them hitting an apartment building, how are you? How are your kids doing?

OLENA GNES, UKRAIANIAN SHELTERING IN KYIV: I'm fine, as fine as I can be. But I mean, the worst still goes on. So I cannot tell you that I am completely fine because it's not fine.

COOPER (on-camera): You mentioned in the latest video that you posted on your YouTube channel that that you started hearing these recent air raid sirens that you had had the kids go into the apartment corridor to try and shelter.

GNES: Basically, shortly after we spoke with each other after you visited Kyiv very soon, you know, we came back to the apartment. We left the shelter and we decided to stay in the apartment despite the air raid sirens. Though we right now we are at home. Children are sleeping in their children's room. I sleep on the floor with Darina (ph) between them, between their beds. But we do not hide in the shelter anymore. Yes was -- what we do we stay in the corridor between using the so-called rule of two walls.

Honestly, I don't think it will help a lot because we see when these missiles fall on that apartments sometimes, you know, several floors fall down. But it's an illusion of safety.

COOPER (on-camera): That decision to leave the shelter, because you had been staying in this basement shelter, really a basement long after many people had returned to their homes. Can you just talk about -- that must have been a very hard decision for you to finally decide, you know what I'm going to sleep at home.

GNES: I mean, my neighbors, their friends who stayed all the time that were in the west of Ukraine or even abroad. Their friends started to come back. And we were probably the last family to like sleep overnight in the bomb shelter. So, I decided to overcome my fear and come back home.

COOPER (on-camera): These airstrike in Kremenchuk that hit a shopping mall, 11 people so far that we know had been killed. When you hear and you see Russia continuing to strike these civilian centers like a shopping mall or an apartment building. Does -- I mean it doesn't surprise you anymore, I'm sure but it's still horrific and shocking.

GNES: I mean, it becomes more and more obvious that Russia is a terrorist state. I keep saying it. And now it's like obvious and I don't know how many more victims we need. How many more facts we need to fully recognize that Russia is their terrorist state. And Putin is the criminal, the terrorist and they need to be stopped.

COOPER (on-camera): It's been over four months since Russia invaded Ukraine the last time we spoke you told me you were worried that this would become a forgotten war. Do you feel like people are losing interest in what has happened in Ukraine? How does it feel to you on the ground?

GNES: It feels like we are getting more and more support from the world. And now more like the promise of support but at the same time some support is coming to like the weapon, this is what we need. So I do not feel that the war is forgotten. And I'd like to say like thank you, whoever listens -- can hear me right now like that we are so grateful that we are not forgotten and that we have the support.

COOPER (on-camera): We know your husband, Sergey (ph) early on immediately when the war began volunteer to fight the territorial defenses in Kyiv, is obviously you can't say now where he is. How is he doing?

GNES: We keep in touch and I know that he is -- as for today he is fine. And I hope that he will fine tomorrow. He will be fine tomorrow. The kids missed him so much, so much. I mean recently Darina (ph) she was eight months old and before is four months old. So basically half of her life.


COOPER: I can't believe how big she is.

GNES: I mean, she is really big. (INAUDIBLE). Has three teeth right now. She can stand, she tries to walk, she falls down all the time. And she is having this (INAUDIBLE). And she's always curious and smart. You know, she wants to grab everything, put everything into her mouth, especially cats. She's like, wants to try it.

COOPER (on-camera): I don't want to keep you up too late is. Is there anything else you want people to know?

GNES: Just one thing that Russia is a terrorist state. You know, this is something that we keep saying today. Like it's like a new wave of our despair. I mean, this attack on the shopping mall, is -- you should see what was going on today on the playground. You know, the playground, a lot of children. We understand it, the war. We see this scrimmage happening. All parents were like sad and with tears on their eyes and children's playground having fun laughing and all this was so surreal. I mean, how is it possible that a huge state is doing keep committing such terrible crimes every day.

COOPER (on-camera): Olena Gnes, thank you for speaking with us as always.

GNES: Thank you.


COOPER: Up next, a CNN exclusive interview with Vice President Kamala Harris. Her first interview since the Supreme Court struck down Roe v. Wade. We'll have her reaction to that ruling. Also what she has to say about the economy in the 2024 presidential race. (COMMERCIAL BREAK)


COOPER: More now on Roe v. Wade being overturned by the Supreme Court. Today Vice President Kamala Harris sat down with our Dana Bash for an exclusive interview, her first as the Court handed down the landmark decision. They also discussed the economy, January 6 committee investigation and the presidential race in 2024.

Here's some of that exclusive interview.


DANA BASH, CNN CHIEF POLITICAL CORRESPONDENT (on-camera): You're saying now, the President said that this fall Roe is on the ballot. But what do you say to Democratic voters who argue, wait a minute, we worked really hard to elect a Democratic president --


BASH (on-camera): -- and Vice President. Democratic led House.


BASH (on-camera): A Democratic led Senate, do it now.

HARRIS: But do what now? What now? I mean, we need we -- listen, what we did. We extended the Child Tax Credit --

BASH (on-camera): Well I'm sorry, when I say don't do it now.


BASH (on-camera): Act legislatively to make abortion rights legal.

HARRIS: We feel the same way. Do it now, Congress needs to do it now in terms of permanently putting in place a clear indication that it is the law of the land that women have the ability and the right to make decisions about their reproductive care, and the government does not have the right to make those decisions for a woman.

BASH (on-camera): So one of the ways you can do it. Obviously, one of the, the only way that is legislatively procedurally possible is by doing away with the filibuster on this issue. President Biden told my colleague Anderson Cooper, he would be OK with eliminating the filibuster to pass voting rights and quote, maybe more. Would you support eliminating the filibuster in order to pass federal legislation for abortion rights?

HARRIS: Right now, given the current composition of the Senate, the votes aren't there?

BASH (on-camera): And so that's what a pulpit to say yes, I support it. HARRIS: Well, here's the thing. I understand what -- why you're asking him the question. But the reality of it is, we don't even get to really answer that in terms of whether it happens or not, if we don't have the numbers in the Senate. And again, that's why I keep coming back to the importance of an election. That is only 130 odd days away, because it really does matter. I sit as the as the vice president, there for the President of the Senate, I was in the Senate for four years representing the state of California. And if you don't have the votes, you can't move anything. We've seen countless examples sadly. This Senate in the current composition would not pass voting rights legislation.

I sat in the chair when the Women's Health Act was on the floor for a vote, and we didn't have the votes to get it passed. On the issue of Roe, of reproductive health care. So the numbers are not there. And we can't de emphasize the significance of that.

BASH (on-camera): But as the vice president, as the president of the Senate --


BASH (on-camera): -- do you have a position on? I know you don't vote on it. But do you have a position on whether the filibuster should be eliminated?

HARRIS: I think the President has spoken on that issue. And we said --

BASH (on-camera): And beat more, he kind of left the door open. Is this where he was leaving the door open to?

HARRIS: I think that he has been clear about where we stand on, on this issue of reproductive health and what the President and our administration have within our toolkit to do. And so, so far, that's what we've been pursuing.

BASH (on-camera): You were a senator when justices, now justices Gorsuch and Kavanaugh testified about many issues, including obviously Roe and a confirmation hearings. Now Justice Gorsuch said it had been reaffirmed many times, Kavanaugh called it precedent on precedent. At that particular hearing you were there. Some senators say that they intentionally misled the public and the Congress. What do you think?

HARRIS: I never believed them. I didn't believe them. That's why I voted against them.

BASH (on-camera): I want to ask you about the economy.

HARRIS: Yes. Yes.

BASH (on-camera): There is a lot of anxiety --


BASH (on-camera): -- about the economy, people's wallets are really being hurt. Right now, gas prices, as you well know. HARRIS: Yes.

BASH (on-camera): They're still near about $5 a gallon. The President said he wanted a gas tax holiday. It doesn't seem like its going anywhere in Congress. What else is in your toolbox? Is there anything else you can do to help bring down the cost of gas?


HARRIS: Well, first of all, let's just say that this is a very real issue. And we have to do something about it. And it's one of our highest priorities this administration. So there is the piece that is about gas and bringing down the cost of gas, which in large part has exploded because of Putin's war on Ukraine. The President is in Europe right now, talking as he has been to bring our allies and partners together. So we can have a common defense around what we believe to be Democratic principles around sovereignty and territorial integrity. But there are other things we need to do.

And so for example, bringing down the cost of prescription drugs when we are fighting to say something like insulin should cost no more than $35 a month. We are fighting to say that we should have affordable childcare so that families, working families shouldn't pay more than 7% of their income in childcare.

BASH (on-camera): But that has -- you've been fighting for that since day one.

HARRIS: And we're going to keep fighting for that.

BASH (on-camera): But now, inflation is really high. Are you concerned about a recession, the administration said that they weren't that worried about the event inflation and then that changed.

HARRIS: I think that there can be no higher priority than what we have been clear is our highest priority, which is bringing down the costs and the prices as much as we possibly can. And we will stay focused on that.

BASH (on-camera): Just want to ask you --


BASH (on-camera): -- a quick check on January 6.


BASH (on-camera): You are a prosecutor, by training and by lots of experience. Based on the evidence presented so far and the January 6 hearings, would you bring criminal charges against the former President Donald Trump?

HARRIS: As a former prosecutor, I never comment on another prosecutors case.

BASH (on-camera): I understand that. The former Vice President Mike Pence, has your opinion of him changed?

HARRIS: Well, I think that he did his job that day. And I commend him for that, because clearly, it was under extraordinary circumstances that he should not have had to face. And I commend him for having the courage to do his job.

BASH (on-camera): Last question, I know we're out of time.


BASH (on-camera): Your friend, the Congressman Jim Clyburn said last week that if President Biden doesn't seek reelection, you would be first on his list in 2024. Have you talked to President Biden about reelection? And would you say to Congressman Clyburn?

HARIRIS: Joe Biden is running for reelection, and I will be his ticket mate.

BASH (on-camera): Full stop.

HARRIS: Full stop. That's it.

BASH (on-camera): Madam Vice President, thank you.

HARRIS: Thank you, Dana.


COOPER: And Dana Bash joins us now from Washington. I know, she elaborated some of the options the White House may be pursuing. But realistically, what can the administration do at this point?

BASH: Well, what they can do by executive action Anderson is pretty limited, because the consequences you've been talking about this, they're so vast and so complicated with the patchwork of laws now that Roe is gone. They are exploring a host of ideas, making sure medication abortion is more available nationwide. Financial help vouchers, for example, for women who need to travel out of state when the bans abortions, and they're also talking about authorizing the Department of Justice to challenge state laws, those laws that make it a crime to assist someone with getting an abortion across state lines.

Now, they haven't decided what they will do, because they don't yet know what they can do without Congressional approval.

COOPER: And what about the socioeconomic impact of the ruling? What did Vice President say about that? I mean, is there anything the ministration is signaling to women who are worried about the financial ramifications?

BASH: It's huge. The Vice President acknowledged what is the reality which is those who have the means to leave, who want an abortion. And they live in states where it is illegal, they have the means to leave and get it done. Then they will. Those who do not have the means will have a very, very different experience. So her, answer to my question about that was pushing back against Republicans who have blocked larger federal financial help from the child tax credit to other things like that. But the reality is Anderson that a lot of the people who need and decide that they need and want abortions, but can't afford it are going to be relying on help from an again a patchwork of groups, likely not necessarily the federal government or the state government. Probably outside groups.

COOPER: Dana Bash, appreciate it. Thanks.

Coming up, latest on a massive Amtrak train derailment, including the number of dead and injured. Our reporters just arrived from the scene. We'll bring that live next.



COOPER: A terrifying scene in Missouri tonight, seven of eight cars on an Amtrak train derailed after collided with a dump truck or what authorities saying was an uncontrolled crossing. At least three are dead, including the person in the dump truck.

CNN's Alexandra Field joins us now with the latest.

Alexandra, I know you just arrived at the scene. What are you been seeing?

ALEXANDRA FIELD, CNN CORRESPONDENT: Look, it's an incredibly rural part of Missouri. It's farmland as far as you can see. And then this stunning sight just past the cornfields of the Amtrak train seven cars flipped on their side, there were some 243 passengers, according to Amtrak on board, all have been traveling from L.A. towards Chicago when the crash happened. The train colliding with a dump truck, you can still see the crumpled remains of that dump truck just off the tracks here. Investigators who've been on scene since the crash happened just before 1o'clock in the afternoon say it did happen when there was this collision at what they call an uncontrolled crossing. That's a crossing that doesn't have any warning lights or those electric arms that so many people are used to seeing at railroad crossings. This is however a pretty common type of crossing in the area.


The National Transportation Safety Board points out there is a stop sign at the crossing. It's not yet clear what the cause is. But Anderson, federal authorities sending a team out here at 16 investigators will arrive by morning. We know already that they'll be looking at all aspects of the collision. But they are especially interested in speed data along the route of the trains data recorder and video from the crash.

COOPER: What do we know about some of the passengers on board?

FIELD: Three people killed, one was the dump truck driver, two where people who are on board the train. We know that dozens of people were injured, caught off guard of course when that train went careening off of the tracks, at least 18 people taken to area hospitals to be treated. And we're told Anderson, that the rest of the passengers were taken to a nearby hospital where they'll make plans for the rest of their journey.

COOPER: Alexandra Field, appreciate it.

We'll be right back.


COOPER: We started the hour with surprise announcement from the January 6 committee today and that's where we end the hour. The committee will be holding a new hearing tomorrow on Capitol Hill to quote, present recently obtained evidence and receive witness testimony. It's unclear what the evidence it is and who's actually going to testify. Members were supposed to take a two-week break instead they'll gather for their six public hearing at 1:00 p.m. Eastern time tomorrow.

We'll gather as well, CNN special coverage starts at noon Eastern. We'll bring you a special two hour of "360" co-anchored with Jake Tapper from 8 to 10 tomorrow night.


News continues right now. Let's hand it over Sara Sidner in "CNN TONIGHT." Sara.