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Protests In Tel Aviv After IDF Misidentifies And Kills Three Israeli Hostages; United States Shoots Down 14 Drones Launched From Houthis In Yemen; United States: Next Phase Of War Will Precisely Target Hamas; Alex Jones Proposes New Settlement For Sandy Hook Victims; Giuliani Ordered To Pay $148 Million To GA Election Workers; Classified Russia Intel Binder Went Missing During Final Days Of Trump's Presidency; Autopsy: Matthew Perry Died Of "Acute Effects Of Ketamine"; Bob Ferguson, Washington State A.G., Discusses Supreme Court To Consider Whether To Restrict Abortion Pill Nationwide. Aired 1-2p ET

Aired December 16, 2023 - 13:00   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

[13:00:00]

CAMILA BERNAL, CNN NATIONAL CORRESPONDENT: And he pointed to investing money in programs that help people find homes, but also investing money in programs that prevent people from falling into homelessness. Fred.

FREDRICKA WHITFIELD, CNN HOST: Yes, it's a very complicated situation. Camila Bernal, thank you so much.

All right. Hello again, everyone. Thank you so much for joining me. I'm Fredricka Whitfield.

And today a stunning admission from the Israeli military as it investigates the accidental killing of three Israeli hostages. Israel defense forces say the three men were waving a white flag and speaking Hebrew when soldiers mistakenly opened fire on them.

The brigade had been operating in a high intensity combat zone inside Gaza on Friday. The IDF says the three hostages had either managed to escape or were abandoned by their Hamas captors.

Meantime, another hostage, 27-year-old Inbar Haiman has died while held captive by Hamas, according to the Israeli Prime Minister's Office. Her death means there are now 129 hostages who remain in Gaza. 21 of whom have died.

A source tells CNN that the head of Israel's intelligence agency is expected to meet with Qatar's prime minister to discuss getting hostages released. Right now, families of the other hostages who remain in Gaza are holding a rally in Tel Aviv,

CNN's Alex Marquardt, is there. Alex, how are people reacting to this accidental killing of three hostages?

ALEX MARQUARDT, CNN CHIEF NATIONAL SECURITY CORRESPONDENT: Well, Fred, there is so much shock, there is so much sadness, and there is a lot of anger. There is a lot of desire for everyone here, for the families, for the friends of the hostages, for the government, to bring those hostages home as soon as possible.

We just got the news of Inbar Haiman, a 27-year-old. She was a graffiti artist who died in Hamas captivity. It's still unclear exactly what the -- what the circumstances were of her death. But, of course, this comes just one day after this tragedy of these three hostages who were on the verge of freedom being shot and killed by Israeli soldiers.

We just heard from the head of the IDF, who said that it was very much the soldiers' responsibility that they were not following the rules of engagement. He said that the hostages did everything that they could to identify themselves as hostages, they took off their shirts to show that they didn't have explosives. They waved the white flag.

And if someone surrenders waving a white flag, you are not supposed to shoot at them, of course. So, we understand that these three men came, were just tens of yards away from the soldiers when they were shot and killed.

One of them wasn't killed immediately. He went -- he went back into a building, was shouting in Hebrew, but then, was killed in another burst of gunfire.

So, there is still an investigation going on. But the IDF taking full responsibility. And Fred, this is raising all kinds of questions about how precise the Israeli troops are being. We have this awful incident, there have been a number more than a dozen Israeli forces who have been killed by friendly fire. And some of the hostages themselves and their families have accused the Israeli military of not knowing where the hostages are inside Gaza, and continuing to bomb and strike in the areas where they are, which has led to some injuries.

Hamas claims that it has led to some deaths. Of course, we can't verify that. But the killing of these hostages yesterday really raising questions about how precise and surgical they actually are being which is what the Biden administration has demanded that they try to be do more. Fred?

WHITFIELD: I mean, Alex, what do you know about ongoing negotiations to win the release of the other hostages?

MARQUARDT: Well, they haven't decided to haven't come back to the table yet. We understand, but there are talks to try to make that happen. Earlier this week, the director of Israeli intelligence was supposed to go to Qatar for a meeting. That meeting was canceled. Now, we're told that he is going to Europe in order to meet with the Qataris, and they have been the main mediators with Hamas.

And so, there is a lot of activity from the Americans, the Israelis, the Egyptians, the Qataris, to try to get these talks back on track, to try to come up with a new formula.

We spoke with the daughter of one of the hostages who was released two weeks ago, and she said that talks have to take place. Take a listen. (BEGIN VIDEO CLIP)

MAAYAN SIGAL KOREN, FAMILY MEMBERS HELD HOSTAGE: I'm sure that the way to get them out now is talking with the Hamas. It's terrible to say that because they are terrorists and I don't know if we can really talk to them, but the only way to take them out to get them out now is to make a deal, and to get them alive back home.

(END VIDEO CLIP)

MARQUARDT: And that is what we've heard from so many people here and at another protest last night. They have to make a deal the government has to figure out a way to get them home even if that means speaking with Hamas and sitting down with a terrorist group. Fred?

[13:05:05]

WHITFIELD: All right. Alex Marquardt there in Tel Aviv. Thanks so much.

We're also getting word of new clashes in the Red Sea.

U.S. Central Command says a Navy ship shut down more than a dozen drones fired by Houthi-controlled areas in Yemen. CNN's Katie Bo Lillis is joining us right now with more on this. Katie Bo?

KATIE BO LILLIS, CNN INTELLIGENCE AND NATIONAL SECURITY REPORTER: Fred, this is just the latest in a series of attacks both on U.S. interests, and on commercial shipping by Houthi militants in the Red Sea and in the Gulf of Aden.

Attacks that the group says is in response to -- or in retribution for the Israeli invasion of Gaza. Houthi, the Houthis are a broadly Iran- aligned militant group that the U.S. believes is sort of opportunistically trying to take advantage of this moment to launch attacks on Israeli-linked targets. U.S. targets so that they can show both to their own domestic audiences, and to the broader region that they are defenders of the Palestinian cause. And they're sort of pushing back against this Israeli invasion.

The issue for the United States, though, of course, is that the safety of commerce -- they are trying to balance kind of the safety of commercial shipping, which there is -- are concerns that it could impact the global economy against the desire to avoid allowing the Israel-Hamas conflict to spread and potentially suck in the United States and Iran.

This is this sort of escalation concern is the big concern for the United States. And that's part of the reason why I think you've seen the U.S. so far act with restraint here and avoid responding to these Houthi attacks directly. In particular, because U.S. officials at this point believe that Iran is largely calibrating its reaction to the Israeli invasion of Gaza.

They are sort of allowing their proxy groups to launch attacks up to a certain threshold, but not to such a high degree that it might result in a direct response by the United States to Iran directly, for example.

The U.S. also believes broadly that they're capable of dealing with some of these Houthi attacks. So far, we have seen them obviously shoot down a number of these one-way attack drones. The Houthi sort of homegrown ballistic missiles, not seen as particularly accurate.

The homegrown cruise missiles seen as a little more accurate, but not clear that they can actually bring down a ship. In this situation, it's likely that the Houthis, were using something called a swarm tactic, trying to use a number of one-way attack drones to try to kind of overwhelm, confused and ultimately overwhelm U.S. air defenses.

Obviously didn't work. So, Fred, I think the big question going forward here is going to be at what point does the Biden administration consider the risk to commercial shipping or the risk to its own forces to be so great that they must respond?

And, at this point, not sure that threshold has been reached?

WHITFIELD: Right. All right. Katie Bo Lillis, thank you so much.

LILLIS: Thanks.

WHITFIELD: President Biden's National Security Adviser says Israel will soon move to a new phase in its war against Hamas. CNN's Priscilla Alvarez is at the White House for us. Priscilla, what do you know?

PRISCILLA ALVAREZ, CNN WHITE HOUSE REPORTER: Well, what U.S. officials tell me is that what they expect with this new phase is a low intensity, precision raids going after Hamas leadership.

So, all of this being more strategic and trying to avoid and lessen the casualties of innocent civilians, which has been a concern for the White House, as Israel has launched into its ground invasion. Of course, there has been pushback both on the world stage and here domestically of the images of destruction and devastation in Gaza.

And so, what U.S. officials have conveyed over the last several weeks and especially in the last few days, is that the conversation with Israel is about them moving toward that precise, again, low intensity phase of their fighting. Now, when that happens is still a bit unclear. And when Jake Sullivan was taking part in these meetings and in his news conference this week, he said that he didn't have much to share on that front. But he was also making clear what we have heard repeatedly from U.S. officials, which is that Israel has the right to defend itself, that the U.S. can provide guidance, and there can be communication, but they can't necessarily tell them exactly what to do.

(BEGIN VIDEO CLIP)

JAKE SULLIVAN, NATIONAL SECURITY ADVISER: We're now in the middle of a high intensity phase with ongoing ground operations, military operations in both the northern half and the southern half of Gaza. But there will be a transition to another phase of this war one that is focused in more precise ways on targeting the leadership.

We're not here to tell anybody, you must do X, you must do Y. We're here to say this is our perspective, as your partner, as your friend. This is what we believe is the best way to achieve both your tactical and strategic goals.

(END VIDEO CLIP)

ALVAREZ: Now, the U.S. and Israel continue to be in close communication and especially in moments where there is a lot of innocent civilians, who are killed in any type of operation. There is back channeling to understand why that may have happened between Israel and the US.

And so, all of this moving toward the U.S. says and is has hopes for that low intensity position, strategy, but when that happens, what that looks like still very much in question.

[13:10:03]

WHITFIELD: And Biden officials and Senate negotiators are meeting on Capitol Hill to work on a deal to send more funding to Israel and Ukraine, while also adding measures to U.S. immigration policies.

What are you learning about how that process is going?

ALVAREZ: Well, this is about that national security supplemental request that the White House sent to Capitol Hill in October. And it is still stalled, it includes billions of dollars in aid to Israel and Ukraine, as well as border security and other asks for other priorities for this White House.

But what has occurred over the last several weeks as Republicans have made clear, they do not want to move any funding through unless there are changes to policy on the U.S. Mexico border.

Now, President Biden has repeatedly underscored how important it is to get this aid passed, especially for Ukraine. But he is also said that he's willing to compromise on border policy.

Now, sources tell me that there are a few buckets here that are part of these talks that includes for example: expelling migrants at the U.S. southern border; raising the credible fear standard for asylum seekers; mandatory detention of migrants; expanding a fast-track deportation procedure to include more undocumented immigrants. And part of the discussion to is a parole authority, which allows migrants to live in the U.S. temporarily on a case-by-case basis.

Those are all complicated issues. And so, negotiators are meeting with White House officials over the course of today and into the weekend to try to hammer out more of the details.

But whether they can get anything passed is still a big question. What the president has made clear is that this aid needs to get across the finish line.

WHITFIELD: All right. Priscilla Alvarez, thank you so much, at the White House.

All right. Meantime, negotiations on Capitol Hill come at a critical moment as immigration at the southern border is under intense pressure amid a migrant surge.

Arizona governor Katie Hobbs is sending the National Guard to the border to help with the influx of migrants.

But she is also calling out President Biden for refusing her requests for help.

CNN's Rosa Flores has more on the crisis underway at the border.

(BEGIN VIDEOTAPE)

JASON OWENS, UNITED STATES BORDER PATROL CHIEF: How you all doing?

ROSA FLORES, CNN CORRESPONDENT: Jason Owens, the U.S. Border Patrol chief says his agency is overwhelmed by the unprecedented migrant surge, with thousands of people entering the U.S. illegally every day.

One hotspot, Lukeville, Arizona.

FLORES: Did you sleep outside?

UNIDENTIFIED FEMALE: (INAUDIBLE)

FLORES: Where Maydine (PH), her three children from Ecuador, waited in the cold overnight to be transported for immigration processing.

OWENS: It's the border being exploited by the criminal elements, the transnational criminal organizations.

FLORES (voice over): Owens says some Border Patrol facilities are 200 to 300 percent over capacity, with about 20,000 migrants in custody.

The federal government has temporarily closed three ports of entry. Eagle Pass, Texas. Lukeville, Arizona, and a pedestrian crossing in San Isidro, California. Interrupting lawful trade and travel, while illegal crossings continue.

OWENS: It's frustrating for all of us.

FLORES (voice over): Owens says several dozen employees at these crossings have been reassigned to process migrants.

GOV. KATIE HOBBS, (D-AZ): That's certainly not the right response.

FLORES (voice over): Arizona governor, Katie Hobbs, a Democrat, wrote a letter to President Joe Biden, urging him to use the National Guard to reopen the Lukeville crossing.

HOBBS: That tourism is being greatly impacted in -- especially, Rocky Point.

FLORES (voice over): The Rocky Point is a resort town on Mexico Sea of Cortez, where many Americans own investment property like Boan Rubalcaba from Utah.

BOAN RUBALCABA, RESORT OWNER: And now it's our only source of income --

FLORES (voice over): He owns seven vacation properties and says he has lost $35,000 In canceled reservation since the Lukeville crossing closed.

It's how Americans access the beach town.

RUBALCAVA: It makes me very upset because I feel like our leaders are failing us.

FLORES: She says that it's on TikTok, that it's on Facebook. (INAUDIBLE) that the border is open.

FLORES (voice over): Apparent misinformation, fueling the flow.

FLORES: What's the backup and Lukeville?

OWENS: It's a very remote location.

FLORES (voice over): Owens says the cartels have dropped off thousands of migrants in the rugged Arizona desert, creating a logistical nightmare for agents.

OWENS: And while we're doing that, we can't be out on patrol. And so, guess what the cartels and the smugglers are doing? They're using that opportunity to cross other things.

FLORES: Like fentanyl, cash, and criminals, he says. Apprehensions of people on the terrorist watch list have spiked. 15 in fiscal year 2021, 169 In fiscal year 2023.

OWENS: These are the things that keep us up at night. There is nothing that crosses our borders illicitly that is not in the control of the TCOs and the cartels.

FLORES: That's a scary thought.

OWENS: It's very scary.

FLORES: Owens says the only things scarier are the gotaways, the people detected on the border but not apprehended. There's been more than 1.1 million since 2019.

OWENS: They are making millions -- tens of millions of dollars a week.

FLORES: A few after hours after talking to Chief Owens on this boat ramp, an apparent coyote used the same ramp to smuggle a man into Laredo, Texas.

[13:15:05]

OWENS: These folks probably are the ones that have the criminal histories, that are coming in with bad intent. FLORES: I asked the U.S. Border Patrol chief what he needs to keep the border safe. Take a look at this wide shot of the scene. You see the Arizona desert, the border wall, and Mexico on the other side.

He says he needs technology, more infrastructure and more border patrol agents.

In the past few days, there's been a steady flow of migrants walking down this path. Let me show you how they get into the U.S. Smugglers on the Mexican side, they cut the border wall. And on the U.S. side, you see these white markings, these are repairs to the border wall. These pieces of metal are welded on.

And I want you to take a look at this one because not only is this a freshly cut border wall. But it was just repaired last week. Now, I do not want to mess with the integrity of the border wall. So, I'm not going to swing this open.

But this can be swung open, and that is how migrants are able to slip in. And that just tells you how relentless these smugglers are at crossing people into the U.S. and making a buck.

Rosa Flores, CNN, Lukeville, Arizona.

(END VIDEOTAPE)

WHITFIELD: All right. Coming up, 17 million people are under threat of severe weather in Florida as a powerful storm system take same with the East Coast. Our team is tracking the storm, next.

(COMMERCIAL BREAK)

[13:20:40]

WHITFIELD: 17 million people are under threat of severe weather as a powerful storm system threatens Florida and the entire east coast. Elisa Raffa is in the CNN Weather Center tracking the storm.

Elisa, tell us what it's doing now and where's it going?

ELISA RAFFA, CNN WEATHER ANCHOR AND CORRESPONDENT We've got some heavy rain on tap for today in Florida and it's headed up the entire east coast. We're talking from Florida and Maine with impacts of heavy rain and some gusty winds. Flood watch in effect as we go into Sunday for most of the Florida peninsula here.

You could see some of that rain starting to move in some showers from Tampa to Orlando. Notice that lightning in the corner there? That's where that storm is continuing to deepen and strengthen as it moves on shore so we are looking at a threat of some damaging wind gusts 60 miles per hour or greater and a few tornadoes possible in all of this yellow there across the Florida peninsula.

You could see the intense rain spreading inland as we go through the day to day, then it races north going into Sunday. The Carolinas on top next for some of that heavy rain, and then it continues its tracking to Maine as we go into Monday. With some heavy rain and gusty winds, wind doors already out in effect for that.

So, you can see the multi day flooding threat. That yellow showing some intense rain up to six inches possible across parts of Florida. Looking at some totals up to four inches really going up into Maine. So, intense rain at that. You could see some of those oranges there, really showing some of those hefty rain totals, and it takes that footprint all the way up to the Canadian border. Fred.

WHITFIELD: Wow. That's pretty extensive. Elisa Raffa, thanks so much.

All right, right-wing conspiracy theorist, Alex Jones, who filed for personal bankruptcy a year ago after being ordered to pay more than a billion dollars to the families of the Sandy Hook shooting victims for defamation is asking the families to accept a fraction of what they are owed.

His proposal includes a settlement that would guarantee them at least $5-1/2 million a year for 10 years.

Joining me right now is CNN correspondent Polo Sandoval with more on all this. Polo.

POLO SANDOVAL, CNN NATIONAL CORRESPONDENT: Hey, Fred. So, an attorney that's representing some of the Sandy Hook family saying that this is the first time that this conspiracy theorists offers up how he believes he should be held accountable for the lies that he's spread, including calling the 2012 shooting at Sandy Hook Elementary a hoax.

You mentioned the background. Let's break down really the key bullet points of this fairly lengthy proposal that Alex Jones filed in court just yesterday. According to what his attorneys filed in court, Sandy Hook families would settle, as you mentioned, for about at least $5.5 million a year. Over the next decade, the families would also have the possibility of more depending on Jone's income.

They would also receive about 70 percent of any money that Jones makes selling personal property outside of the obligations of bank -- in bankruptcy court. And in exchange, families would give up legal claims against Jones, and it was just last month that families actually had a proposal of their own. Instead of that four -- instead of that $5.5 million a year, they were asking for 8.5 million a year plus ownership stake in Jones's company, also a considerable amount of any sort of income that he generates.

And if he would meet them in terms of that proposal, then, the family's suggesting that they -- he would be restored full ownership of his company after a decade.

But ultimately though, Fred, it will be a judge in a couple of months that will decide at a hearing exactly what the terms of that settlement will be. CNN has reached out to Jones's attorney for comment.

WHITFIELD: All right. Yet another phase in this. Polo Sandoval?

SANDOVAL: (INAUDIBLE). Yes. WHITFIELD: Yes. Thanks so much.

SANDOVAL: Thanks, Fred.

All right, a jury says Rudy Giuliani must pay millions of dollars for defaming two Georgia election workers. We're hear why they may never see that money. That's next.

(COMMERCIAL BREAK)

[13:28:37]

WHITFIELD: A jury in D.C. says that Rudy Giuliani must pay nearly $150 million to two election workers in Georgia. A court had already found that Giuliani made defamatory statements about them following the 2020 election.

And after more than 10 hours of deliberation, Ruby Freeman and her daughter, Shaye Moss, were awarded more than $60 million each for defamation, 20 million each for emotional distress, and 75 million total in punitive damages.

After the verdict, the two victims gave powerful accounts of how their lives were impacted by Giuliani's actions.

(BEGIN VIDEO CLIP)

SHAYE MOSS, FORMER GEORGIA ELECTION WORKER: The lies Rudy Giuliani told about me and my mommy, after the 2020 presidential election have changed our lives. And the past few years has been devastating.

RUBY FREEMAN, FORMER GEORGIA ELECTION WORKER: I can never move back into the house that I called home. I always have to be careful about where I go and who I choose to share my name with.

(END VIDEO CLIP)

WHITFIELD: Giuliani repeatedly highlighted during the course of the defamation case how he doesn't have funds to cover his various debts.

Let's bring in Now Ross Garber. He is a defense attorney and a visiting professor at Tulane Law School.

[13:30:04]

All right. So, you know is it your view that the jury, you know, did the right thing by awarding the victims three times the amount that they ask for? I guess publicly everybody knows that Rudy Giuliani is nearly out of money.

ROSS GARBER, DEFENSE ATTORNEY & VISITING PROFESSOR, TULANE LAW SCHOOL: Yes. It's a staggering amount of money. It's a very, very high verdict. Clearly, the jury wanted to send a message here that what Giuliani did was not OK. It seems impossible to read the verdict any other way. Giuliani is probably going to appeal. He's probably going to ask the

judge for something called a remittitur, and say the damages were way too high.

It's not unusual for a judge to second guess a jury when they award this amount of money. And then they'll appeal. It is entirely possible that number comes down.

But with that number, it is still a clear message that the jury sent. And anyway you cut it, it's likely to be a very, very big number and a number Giuliani can't afford to pay.

WHITFIELD: So a judge or an appellate panel could reduce the judgment perhaps closer to what they had asked for, something like $40 million, the two Georgia workers.

Might that happen, not necessarily winning his appeal to throw out the decision altogether, but just the decision of reducing?

GARBER: Yes. And remember, as you noted, Giuliani was defaulted in this case. He didn't comply with discovery orders.

Even before the damages phase, the judge said, based on the evidence and based on the fact that Giuliani ignored, didn't comply with the discovery orders, Giuliani was liable.

The issue now is, what are the damages? Yes, it's possible that those damages get lowered to some extent, but they'll still be a big number, I think.

WHITFIELD: So is it your feeling that Giuliani, you know, he didn't comply and he was defiant because he has other cases against him. What he says and how he handles himself can certainly be used against him.

He has pled, thus far, or maintains that he is not guilty of other charges in Georgia and beyond. Do you believe that would explain his posture throughout?

GARBER: Yes. Look, Giuliani is in a world of hurt. He has to decide what he can pay attention to and how much he cares about each thing that's facing him.

He's indicted in Georgia. There are other investigations going on. He's been sued by other people, including his former lawyer. I mean, Giuliani has a lot of problems.

And I think he probably figured that this one probably didn't register as the most important problem or maybe even in the top three most important problems that he's facing.

WHITFIELD: How do you think Freeman and Moss are going to receive any monies? Is it going to be liquidating assets? He does have real estate. But then again, like you mentioned, there are attorneys who want to get paid as well.

Or would it be, you know, the court decision in which he would have to pay up first before paying up any outstanding legal bills?

GARBER: Yes. The way it's likely to work now is his lawyer is going to do two things. One is they're going to ask the court to order Giuliani to disclose assets.

That will probably be -- they will probably be successful in that. But they've been trying to get an understanding of his assets for a long time. And it is entirely possible Giuliani just flouts the court's orders there also.

I think it's also likely that the plaintiffs' lawyers are going to hire investigators, if they haven't already, to try to get his assets.

And I think they're hoping if they chase Giuliani hard enough and for a long enough period of time, there will be some assets there.

And it's possible that, even if he declares bankruptcy, this judgment isn't dischargeable in bankruptcy.

WHITFIELD: All right. Ross Garber, we'll leave it there for now. Thanks so much.

GARBER: Sure thing.

[13:34:21]

WHITFIELD: All right, still to come, CNN exclusive reporting on a binder of highly classified intelligence that went missing in the final hours of the Trump administration. What we're learning, next.

(COMMERCIAL BREAK)

WHITFIELD: All right, now to a CNN exclusive on highly classified intelligence that went missing in the final hours of the Trump administration. And it's still missing nearly three years later.

CNN has learned that the intelligence relates to Russia election interference, information that was deemed so sensitive that it could only be accessed at the CIA. And the people working with the intel had to keep their notes locked in a safe at CIA headquarters.

CNN's Jeremy Herb is part of the team that broke this story.

Jeremy, what more can you tell us?

JEREMY HERB, CNN POLITICS REPORTER: Yes, Fred, this binder, the was brought to the White House. It contained raw intelligence about Russia's effort to meddle in the 2016 election.

And that included sources and methods, which is some of the most sensitive information in the intelligence world.

Now, our sources tell us this intelligence was collected by the U.S. and its NATO allies. And it included information that helped form the government's assessment that Russian President Vladimir Putin was helping Donald Trump in the 2016 election. Now, the disappearance of this intelligence was so concerning that our

sources tell us intelligence officials briefed the Senate Intelligence Committee about this disappearance last year.

[13:39:55]

What we do know is that this intelligence, this was not among the items that was found at Donald Trump's Mar-a-Lago resort when the FBI searched it, and it was not why the FBI searched the former president's resort last year.

But, as you said, it's been nearly three years since this intelligence went missing, and it does not appear to have been found. So it really does remain a mystery what happened to this in the final days of the Trump White House -- Fred?

WHITFIELD: While we mentioned that it was so highly sensitive that, you know, notes, remnants of it were locked away at the CIA. What's the explanation as to how it ended up at the White House to then go missing?

HERB: Yes. This was part of a massive collection of documents that Donald Trump ordered to the White House related to the FBI's investigation into Russia and his campaign.

Now, Donald Trump wanted these documents -- he wanted to declassify the whole collection of documents in order to try to prove his claim the Russia investigation was a hoax.

So it set off really a mad scramble in the final days of the Trump presidency in order to try to declassify these documents and redact them of sensitive information.

Donald Trump did issue a declassification order on the final full day of his presidency. It didn't lead to this being released, though.

That's because Mark Meadows, his former chief of staff, he brought a redacted copy of this to the Justice Department just minutes before Joe Biden was set to be inaugurated in order for the Justice Department to do a final privacy review.

Meadows, he thought that would take just days. But years later, the Justice Department still has not released all the documents that were redacted.

And Trump sued early this year to try to get them released. So this is a fight of these documents. It's still ongoing -- Fred?

WHITFIELD: Wow. That is fascinating.

All right, Jeremy Herb, thanks so much.

All right, still ahead, new details in the death of actor, Matthew Perry. Officials say acute effects of Ketamine caused his death last month. Coming up, what the drug is used for and the impact it has on your body. (COMMERCIAL BREAK)

[13:46:22]

WHITFIELD: We're learning new details about the shocking death of beloved "Friends" star, Matthew Perry. The Los Angeles medical examiner's office released its autopsy report yesterday and it shows his blood tested positive for the drug Ketamine.

Perry was reportedly receiving Ketamine infusion therapy for depression and anxiety. He was found unconscious in a jacuzzi in his Malibu home in October. And the autopsy report lists drowning as a contributing cause of death.

I want to discuss this more with emergency physician and former Baltimore health commissioner, Dr. Leana Wen.

Dr. Wen, good to see you.

Help explain this kind of therapy when Ketamine is used. How does it work?

DR. LEANA WEN, CNN MEDICAL ANALYST: There are two medical purposes for Ketamine. The most common one that we see is for surgeries, for procedures, where Ketamine is used as an anesthetic.

Someone who broke their arm and has it in a cast, for example, they might have Ketamine used as an anesthetic for that procedure.

Ketamine has also been used recently for the treatment of depression that is very severe and resistant to other types of medication.

So, for example, they might have been tried on oral pills and it didn't work and this person really needs treatment still. And Ketamine can be used for those purposes.

It is safe in these supervised medical settings, but it has dangers when used on a recreational non-medical basis.

WHITFIELD: Is that because of the dosage?

WEN: It is because of the dosage, because the dosage has to be carefully monitored. Also though, because Ketamine has a number of side effects.

So for instance, it raises your heart rate, your blood pressure. It could be unsafe for somebody who has underlying cardiovascular disease.

It also could lead to sleepiness, drowsiness, confusion. It causes auditory and visual hallucinations.

Some people get a dislocated (ph) effect, meaning they feel like they're being out of their body and they feel detached from their everyday experience.

And at very high doses, it could lead to reduced respiration and to death.

WHITFIELD: Is it ever prescribed as a self-administered drug?

WEN: It is not. Ketamine actually is not, at the moment, FDA approved even for treating depression, except as a nasal spray. It's used off label.

There are some clinics and some physicians who will treat individuals with infusions of Ketamine, as it sounds like Mr. Perry was getting.

But it's important to note that, in his case, the last infusion was noted a week and a half prior to his death. So the amount of Ketamine that was in his system is not consistent with medical therapy.

It's more consistent with him obtaining Ketamine through some other source and taking it, which, unfortunately, led to his demise.

WHITFIELD: If you're getting it in a therapeutic form, how long would it stay typically in your body in a useful, safe way?

WEN: It depends on the version that's given. The I.V. version of Ketamine that's given, which is reportedly the one that Mr. Perry was receiving, the half-life is three to four hours.

So it really would be out of your body that day. It would not persist a week and a half after treatment.

There's also a nasal form of Ketamine treatment. There are some oral forms as well. So the half-life and how long it stays will depend.

[13:50:00]

But again, I just want to caution people, just because this horrible tragedy happened, it doesn't mean Ketamine isn't safe. Ketamine is safe when given in an appropriate medical setting.

But it could be extremely unsafe when taken as a recreational drug and especially when combined with other substances, including -- I know this was not the case here, but just in general when it's combined with other substances, including alcohol.

WHITFIELD: And then how would people end up obtaining it if they're not in a medical setting? I mean, is this kind of on the black market? I mean, how would someone actually get it?

WEN: Yes, Ketamine is sold illegally as a recreational drug. It has these psychedelic properties, which some people value for recreational purposes.

It's also used for -- some individuals are using it for self- treatment. But again, that needs to be medication that's prescribed in a therapeutic context, which has been helpful for many people.

There are people with severe depression who are unable to get help for -- from any other medications for whom Ketamine has been very effective and very safe. So I don't want those individuals to start thinking that Ketamine is

dangerous for them. But people should not be using it in a recreational context.

WHITFIELD: Yes. Dr. Leana Wen, fascinating but still very sad. Thank you so much.

WEN: Thank you.

WHITFIELD: All right, coming up, the issue of abortion is back on the U.S. Supreme Court docket for the first time since overturning Roe v. Wade. This time, the justices are deciding whether to restrict the abortion pill. What this could mean for women across the U.S., next.

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[13:56:01]

WHITFIELD: The U.S. Supreme Court is set to decide whether to restrict a key abortion drug nationwide. The Biden administration and the manufacturer of the drug, Mifepristone, asked the justices to overturn a lower court decision that would restrict access to the drug.

Mifepristone is part of a two-drug regimen used in medical abortions. The justices announced this week they will review the decision.

Here to discuss is Washington State Attorney General Bob Ferguson, who is also running for governor of Washington State.

Good to see you.

BOB FERGUSON, DEMOCRATIC GUBERNATORIAL CANDIDATE: Good to see you.

WHITFIELD: So you have defended access to medication abortion drugs in Washington State by leading a multi-state lawsuit against restricting access to the drugs.

What's your reaction to the Supreme Court agreeing to take up the case?

FERGUSON: Yes, this is a huge case in the post-Dobbs landscape we have now. So the reaction is, it's not a surprise.

That this case impacts people across the country with their access to this medication, which, by the way, it is used in over half of abortions, not just in Washington State but all across the country. So it's a huge, huge case.

WHITFIELD: What are you prepared to do if the Supreme Court were to, you know, side with the lower court and restrict this abortion pill, as some call it, nationwide?

FERGUSON: Yes, well, if the Supreme Court puts further restrictions on Mifepristone, it'll be disastrous for women across the country.

Just to be clear, what that would now require for women, if the Supreme Court would make that decision, is it would require three trips, physical trips to go see a doctor before being able to utilize Mifepristone. Right now, you can get that using telehealth.

It would also make a big difference on when you could access Mifepristone. The choice before the Supreme Court will be whether it's at seven weeks, rolling back to seven weeks when many folks don't realize they're pregnant, or what the current rules are, which is up to 10 weeks.

So those are the stakes that are going on here for the United States Supreme Court when they take up this argument next year.

WHITFIELD: What's the potential battle that see between states that are banning the use of the drug?

FERGUSON: Oh, it's -- look, I think the main thing I'd want to communicate is, in a post Dobbs world, anti-abortion activists, who seek to take away your freedom for your reproductive health, they won't be satisfied with the Dobbs decision, OK?

They won't stop at nothing until access to a full range of reproductive freedom is stripped away from Americans all across the country. This case is a really good example.

It was started in Texas by a group of anti-abortion activists. They got a federal judge who literally denied access to Mifepristone nationwide. That started this legal case, which has taken us all the way to the United States Supreme Court.

So the stakes really could not be higher for our reproductive freedoms in the United States.

WHITFIELD: You're running for governor in Washington State. And this consideration, and who knows, perhaps even the decision, might come right in the middle of the 2024 presidential campaign.

How do you see it impacting voters' decisions?

FERGUSON: Well, I think it's clear that, you know, voters are alarmed by the Supreme Court's decision in Dobbs to take away a constitutional right enjoyed by millions of Americans over many, many decades.

And this latest case with Mifepristone is yet another example of how anti-abortion activists can literally go to a Trump-appointed judge in Amarillo, Texas, and ask that judge to take away a right enjoyed by people all across the country, which is exactly what that judge did.

So I think voters understand the stakes are high and that threats to their reproductive freedom are coming from all quarters.

And that we need elected officials at every level of government who are standing up for reproductive freedom and using the powers they have.

[13:59:53] In my state, Governor Jay Enslee literally purchased a multi-year amount of Mifepristone in case this case goes wrong, so that women in the state of Washington will still have access to Mifepristone, even if that right was taken away by the courts.

So this is important for governors, for attorneys general at every level of office.