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Erin Burnett Outfront

King Charles Vows To Serve "With Loyalty, Respect and Love"; Charles Will Be Formally Proclaimed King During Ceremony Tomorrow; Charles In First Speech As King: "My Life Will, Of Course, Change"; DOJ, Trump Deadline On Special Master About 4 Hours Away; Ukraine: Major Gains Made Against Russia. Aired 7-8p ET

Aired September 09, 2022 - 19:00   ET



ERIN BURNETT, CNN HOST: OUTFRONT next, for the first time in 70 years, the king of England addresses the world. King Charles III lays out how he will rule, seeking to bring his family together.

Plus, he captured the queen for nearly two decades on camera, taking some of her more iconic portraits, documenting her travels all over the world. That photographer will be out front tonight.

And a key deadline now, literally hours away. In these next few minutes, it could happen. The Justice Department and Donald Trump's lawyers must submit their lists who they want as special master in the legal war over classified documents.

Let's go OUTFRONT.

And good evening. I'm Erin Burnett.

OUTFRONT tonight, "God Save the King". Those words sung for the first time in 70 years during a service of prayer and reflection for the late Queen Elizabeth.


BURNETT: As King Charles III addressed the nation for the third time as monarch honoring his late mother and also assuring the nation.


KING CHARLES III, UNITED KINGDOM: Let everyone who live in the united kingdom or the territories across the world, and whatever may be your background or beliefs, I shall endeavor to serve you with loyalty, respect and love as I have throughout my life.


BURNETT: The king later meeting with the nation's prime minister for the first time and some of their conversation was pick up by a microphone in the room.

(BEGIN VIDEO CLIP) CHARLES: It's been so touching. This afternoon, we arrived here, all those people who had come to give their condolences.

LIZ TRUSS, BRITISH PRIME MINISTER: Your Majesty, my very, very since condolences.

KING CHARLES III: Very kind. You're very kind. It's the moment I've been dreading, as I know a lot of people have, but we try and keep everything going.


BURNETT: The timing of the queen's funeral is still unclear but many of the world's leaders will be there. Today, President Biden saying he will attend.


REPORTER: You going to the queen's funeral, sir?

JOE BIDEN, PRESIDENT OF THE UNITED STATES: Yes. I don't know what the details are yet, but I'll be going.


BURNETT: Here's what we do know. Charles will be formally proclaimed monarch tomorrow. But today, crowds were already welcoming King Charles outside the gates of Buckingham Palace.

Our team is on the ground covering all aspects of this story. I want to begin with Max Foster outside Buckingham Palace.

And, Max, how are people there tonight?

MAX FOSTER, CNN ROYAL CORRESPONDENT: I think this was the day, Erin, that reality started to hit. Not just for the British people. Not just for King Charles.

He came out not knowing how the public would receive him, his subjects. And he was reassured, I think, to hear the chants of "God Save the King."


FOSTER (voice-over): In a pre-recorded address to the nation, and the commonwealth, King Charles III renewed the pledge made by his mother more than 75 years ago. Speaking for the first time as sovereign, Charlie reached out to all religions and creeds.

He paid a glowing tribute to wife Camilla and bestowed his former title, Prince of Wales, on his son William, making Kate the princess of Wales.

He expressed his love to Harry and Meghan.

Most powerfully and holding back tears, he addressed his mother directly.

KING CHARLES III: To my darling mama, as you begin your last great journey to join my dear late papa, I want simply to say this: Thank you. Thank you for your love and devotion to our family and to the family of nations you have served so diligently all these years. May flights of angels sing thee to thy rest.

FOSTER: Throughout the day on Friday, bells tolled, flags lowered, and guns saluted, paying respects to the life and legacy of Queen Elizabeth II.


The U.K.'s newly appointed Prime Minister Liz Truss offered newly anointed King Charles the support of an unusually quiet and somber parliament.

TRUSS: And crown endures, our nation endures, in that spirit, I say "God Save the King".

FOSTER: The king greeted well-wishers to a chorus of the national anthem.

CROWD (singing): God save our gracious king --

FOSTER: He retired to Buckingham Palace where he held his first audience with the prime minister, and for the first time, the royal standard flew above in his name.

The accession council will meet on Saturday to formally proclaim Charles as the new sovereign, having declared his loyalty to parliament and the Church of England. Whether the monarchy will emerge strengthened from the handover remains to be seen but the initial signs appear positive.


FOSTER (on camera): Some feared that Charles would be a meddling king. He reassured those saying he would be an apolitical king saying whatever may -- it will no longer be possible for me to give so much of my time and energies to the charities and issues which I care so deeply. He's going to let them go in public service just as his mother did.

BURNETT: Max, thank you so much.

Let's go to Balmoral now, the castle in Scotland where Nic Robertson is. That is where the queen died.

Nic, I mentioned, we still don't know exactly when the queen's funeral will be held. What do we know about the pomp and circumstance over these next days of mourning?

NIC ROBERTSON, CNN INTERNATIONAL DIPLOMATIC EDITOR: Well, perhaps a very significant event, both you and Max have mentioned, the accession council that meets tomorrow, Saturday. This will be the first time in its history ever televised so the people in the country have yet to see the council going through the formal process of King Charles being made King Charles. There will be that proclamation afterwards by an official in the position for the king of arms.

But King Charles will have serious and significant meetings. The archbishop of Canterbury later in the day, he is the head of the Church of England. So already, King Charles beginning the key steps in that process of becoming king and taking over all those responsibilities.

There will be gun salutes through the day around the whole country. Edinburgh Castle here in Scotland, Cardif Castle in Wales, Hillsboro Castle in Northern Ireland, as well as Hyde Park in London, big gun salutes for the queen there.

But as far as the queen and lying in state, and what happens to her in the coming days. In a few days she will go to Edinburgh. She will be rested at Holyroodhouse, which is the seat of the monarch in Scotland. Then, she will go to a cathedral. St. Charles cathedral. There will be a service there. And after that, a few days from now, her body will be taken to London where she is expected to lie in state, and then of course, after that, the funeral.

But all the details on these specific details still being worked out.

BURNETT: All right. Thank you very much, Nic.

And I want to go to Kate Williams now, our royal commentator, a historian and lecturer at the University of London, and the author of "Young Elizabeth: The Making of Our Queen", along with Christopher Andersen, author of "Brothers and Wives: Inside the Private Lives of William, Kate, Harry and Meghan", and author of "Game of Crowns: Elizabeth, Camilla, Kate and the Throne".

Well, Kate, you saw the moment I played there today where Charles said, this is the moment he's been dreading when he was speaking to the prime minister, Liz Truss. And he gave that speech that was incredibly emotional. You know, frankly, more than many of us have really ever seen him in terms of how he saw his heart a bit when he honored his mama and his papa.

What did you make of him today?

KATE WILLIAMS, CNN ROYAL COMMENTATOR: Yeah, Erin, it was such an emotional speech, a speech from the heart, a real tribute to his mother, not just as a monarch, her sense of duty and service which he emphasized but also as a mother. He talk about how warm her affection, her ability to see the good in people, and list final words which you were playing there when he was really on the brink of tears, when he was wishing her a final journey on, her journey to rest with his beloved father.

Thank you to my beloved mama. We've heard him call her mommy before. He was calling her mama.

[19:10:01] And it really was a tribute spoken from the heart. And that's a part of Charles we haven't seen before. We've seen his sincerity. We've seen his deep philosophical thinking.

We've seen that he's a reflective man but we haven't seen this emotion and that I think is going to stand him in good stead. The emotion he showed to the crowd today when he was out there and the emotion to the prime minister when he was saying -- he's saying his gratitude for the condolences, how he was overwhelmed by all the sympathy, messages of sympathy that he's received, not just from British people but from all over the world.

I think Charles -- sharing his emotion with the country, with the prime minister, in his televised address really had his finger on the pulse of the nation and the wider world because there really is a sense of such emotional shock and pain and grief now. And as the queen said, grief is the price we pay for love and Charles is really showing there. He's not just a queen. She was his beloved mother.

BURNETT: And, Christopher, you know, when you saw emotion from him, which so few have ever seen. There was a welcoming nature about him, sort of a person of the people which is different than what many of us have seen when we've seen him on camera. He greeted people waiting outside the gates of Buckingham Palace. One woman gave him a kiss on the cheek, right? There was that tangible touching of people, touching their hands.

He is now just hours away from formally being proclaimed king, as Max was saying for the first time, we're going to see this televised, never seen this before, this accession. What will this moment mean?

CHRISTOPHER ANDERSEN, AUTHOR, "GAME OF CROWNS": Well, I think it is interesting. During the overheard conversation with Liz Truss, he said this is the moment we've been dreading but I have to try to keep everything going. And I think that's what he's faced with. The queen had tremendous well of affection for the British people. As a member of the family, there was a study a few years ago that showed that as many as one-third of the British people would regularly dream about the queen and she was revered as a kindly older woman who continued to complain about her children, understandably.

Charles has always been considered, unfortunately, an aloof quality. He's never really had that emotional connection with the British people. And he has to forge it. And I think he went a long way.

I agree that this was a great speech. And he's going out to greet the people. The mourners who gave their respects outside Buckingham Palace, a very shrewd thing to do, in addition to being genuinely a warm thing.

BURNETT: And, Kate, you know, 85 percent of people in the U.K. were born during Queen Elizabeth's 70-year rule. So, obviously, just to state the obvious, that means she's beloved for generation -- among generations that have nothing else in common perhaps, right? Here's Elton John and Harry Styles, world famous British singers, both last night. (BEGIN VIDEO CLIP)

ELTON JOHN, SINGER: I'm 75. She's been with me all my life. I feel very sad that she won't be with me anymore. I'm glad she's at peace. I'm glad she's at rest. And she deserves it. She's worked bloody hard.

HARRY STYLES, SINGER: Queen Elizabeth II, please join me in a round of applause for 70 years of service.



BURNETT: She's unique in this, her ability to transcend generations with this fondness and care that they feel for her, to transcend politics. How did she do that?

WILLIAMS: She is unique to transcend generations. So few of us remember when she wasn't on the throne. Only 150,000 people in Britain are older than 95. So, nearly everyone was born in her lifetime, 1926 when she was born. Women didn't even, not all of them, had the right to vote.

She was someone who had the love of the old and the middle age and the young and children. So many children won over by her wonderful little interaction with Paddington earlier this year for the platinum jubilee. And the sense of fun, the sense of enjoyment and the love that she had with the British people. I mean, it's amazing to think that just ten years ago, I mean, we thought she was jumping out of a helicopter over the Olympics.

BURNETT: Yeah, it's amazing.

Christopher, King Charles talked about his children as well, of course, bequeathing the titles of prince and princess of Wales, Catherine and William. Harry and Meghan sort of express my love as they are building their life overseas, sort of a different commentary, but referencing all of them.

What did you read into that?

ANDERSEN: Right. I think it was remarkable that he wants all hands on deck now. He needs their support. I think it was extending an olive branch clearly to Harry and Meghan, whether or not they take it, that's another question. Certainly, in William, we're looking at a transitional monarch.


His reign almost certainly will not be very long. Not compared to his mother's. And the future of the monarchy is going to rest on the shoulders of William and Kate. And they've proven they can handle the job. And I'm a huge admirer of Kate in particular because she has risen to the occasion in a spectacular way.

BURNETT: All right. Thank you both so very much. And next, I'm going to speak to a royal photographer capturing some of

the most iconic images you may remember.

Plus, King Charles not afraid to speak his mind on many issues to take a stand on things like the environment, companies and climate change. Can that all change? And we will learn tonight that the Justice Department and the Trump team want a special master in the classified documents investigation.


BURNETT: Tonight, King Charles III getting ready to be officially named the new monarch. That will happen in just hours. That proclamation will first be read aloud from a balcony at St. James Palace in London. And then various other locations in the city and around the commonwealth.

This comes as the British people are paying their respects to Queen Elizabeth.

Anna Stewart is OUTFRONT live outside Buckingham Palace, obviously late on this Friday night.

And, Anna, I see you there with all the flowers that have been left, thousands and thousands of them. What are you hearing from people tonight?


ANNA STEWART, CNN REPORTER: Well, thousands of people have been here to express a deep sense of loss. And the queen spoke about grief many times during her reign. She once said that grief is the price we pay for love.

And just look at all the love you can see here. So many flowers have been laid out, all around Buckingham Palace's gates that so many, they're going to remove some of them. Beautiful letters.

I've seen one here from a kid. Dear King Charles. I'm so sorry you're sad because Queen Elizabeth II died. I watched the queen with Paddington bear on my mom's phone. Good luck as king. You'll remember that wonderful clip during the platinum jubilee earlier this year.

I think today is quite transitional. I think we've had a pivotal point really. I think this morning when I was here, people felt very numb with their grief and through the day, people are not looking back at her past but very much looking forward to the future with King Charles, particularly as he greeted people at Buckingham Palace today.

I would love to introduce you to my guests. We've got Allan (ph) and Michelle (ph).

Come along here so we can see. It's very dark out here.

Tell me why you guys are here tonight, why you feel it's important to come to the gates of the Buckingham Palace to pay your respects? UNIDENTIFIED MALE: I think difficult to say. It's just the feeling throughout the country is pretty palpable. You can feel it in your bones. No more --

UNIDENTIFIED FEMALE: It's tangible, yeah.

UNIDENTIFIED MALE: It's tangible. No more so than when you come somewhere like this to get the feeling from everybody else.

Yeah, it's a sadness, but like you said, it's transitional. It's hope for the future. Let's hope that is an amazing future. Certainly King Charles today, made a really good representation of himself. I thought it was absolutely brilliant. And for us we just want to come down.

UNIDENTIFIED FEMALE: And be a part of it. Witness it.

STEWART: This is a moment in history.

UNIDENTIFIED FEMALE: It is a big moment in history I never think will change. There will be a lot of change and I'm sure change for the better.

STEWART: Thank you very much. Lovely to see you. Have a great rest of your evening.

We're going to have this for days now. And I think we're going to see lots of grief for her majesty, the Queen Elizabeth. But we're also going to see so much love and I think hope for King Charles.

Back to you, Erin.

BURNETT: Thank you so much.

OUTFRONT now, Chris Jackson, Getty Images royal photographer who covered the queen for nearly two decades and is author of "Elizabeth: A Queen for Our Time".

Chris, you've taken so many portraits of Queen Elizabeth that we have seen through the years. I just want to show one, which was one of her last official photographs. You took it actually earlier this year. I love her smile here with her iconic red box. It was -- and then the official portrait for the last anniversary that she celebrated for her husband. This one here with Prince Phillip was back in 2020.

What was it like photographing the Queen?

CHRIS JACKSON, LONGTIME ROYAL PHOTOGRAPHER, GETTY IMAGES: You know, it sounds like a bit of a cliche but she was iconic. And every time I had the opportunity it was extremely special. In the latter years, obviously, with her mobility issues, much less frequent engagements, it wasn't as often. But every time I did get the chance, it was very special, really special, a huge privilege.

Now, the particular picture you're talking about, the one with the red box, that was taken earlier this year to commemorate her day and to celebrate the start of the platinum jubilee. It was very fortunate that we got to see the queen, every jubilee we can.

That particular photo where she is working on her red box, and it -- for me, it really sums up how she was working to the very end. She was so committed to that role. She got that red box every day of the year, apart from Christmas and Easter. And I think it really summed up for me her commitment to her duty and her role. It was incredibly special to see that occasion firsthand.

BURNETT: I know you shared some other photos that you enjoyed which do show her as a human, and the queen laughing alongside her son now King Charles III, at the Highland Games in Scotland, a photo of her celebrating when her horse won the Ascot Gold Cup.

What will you remember most about her?

JACKSON: I think there are so many facets to the queen. I mentioned her dedication to duty. That was so evident. She worked so hard. For a 96-year-old, it was incredible. To see that first hand, it was very special.

But, you know, I think one of her passions was horses. And they just formed such a huge part of her life, seeing her at places like royal as ascot. Given the best horse at the age of 4, and since then, her love of breeding and racing horses was evident.


And that particular photo you're talking about where her horse estimate got across the finish line to win the gold, the first monarch in over 207 years to win that trophy. It was an incredible moment because the crowd was behind her. And you see when she was presented with it, she actually lit up, and that was so special.

BURNETT: And you are covering the transition closely. You see Prince Charles next to her in particular photo. You were the one who captured the rainbow that we talked about yesterday, that was there as her death was announced.

You were in London today. King Charles first arrived at Buckingham Palace after her mother's death and you were there. Now, I know you photographed him more than any other member of the royal family.

So, what do you expect it will be like now covering him?

JACKSON: Yeah, like you said, I spent a huge amount of time with the Prince of Wales. I love Prince Charles. He always brought a lot of energy to his engagements. And I think, you know, of course, things will change now. He is the king.

But I think he will continue with his characteristic dedication to duty. He certainly traveled around the world, met many people. He's a man of experience. He has a huge depth of knowledge on different subjects. And this is essentially the role he was born to take on.

So I think I will continue to capture images of him, with Queen consort Camilla at Buckingham Palace, his first day as King Charles. What you do as a royal photographer, you capture the historic moments. And it felt like a special moment.

BURNETT: Absolutely. Well, Chris, thank you for sharing all your thoughts with me.

JACKSON: No problem. Thank you so much.

BURNETT: Next, King Charles defining today how he will rule after his mother's death. How will his strict and even severe upbringing impact his reign?

And a key deadline now just hours away in the Justice Department case in and classified documents at Mar-a-Lago.



BURNETT: New tonight, King Charles saying his new role as Britain's king will require him to step back from his advocacy work. That would be a significant change for Charles. He's spent many years taking on business and the issue of climate change and fighting for environmental preservation.


KING CHARLES III, UNITED KINGDOM: Gone on for years about the importance of thinking about the long term in relation to the environmental damage, climate change, everything else because we don't really in a sense want to hand on any increasingly dysfunctional world to our grandchildren. And I don't want to be confronted by my future grandchild. Why didn't you do something?


BURNETT: Charles had opinions and he made them very clear on very hot button topics. He spent a lot of time and advocacy work. His outspokenness is a reality. He was just 3 when his mother became queen and he became heir apparent. This is something that changed the entire trajectory of his life and, of course, his childhood. It was at times a lonely childhood. A newly coronated Queen Elizabeth and Prince Philip left him and his sister for nearly six months as they headed toward the commonwealth.

Charles joined the Royal Navy at age 22 and qualified as a helicopter pilot. He completed his military service and five years later he married Princess Diana, a marriage that of course was the subject of intense global fascination. Less than a year later, their son William was born and Harry followed two years after that.

But the marriage was no fairytale. Of course, love was missing and then there was the tragedy that ripped his sons' lives apart, Princess Diana's death in 1997 in the car accident.

Charles, of course, did eventually marry the long time love of his life, Camilla Parker Bowles. And he found a voice beyond the part of his life with Diana, beyond being heir apparent. He defined himself and he found purpose in those causes.

But when asked a few years ago whether his outspoken advocacy would continue when he became king, Charles replied, quote, no, it won't. I'm not that stupid.

OUTFRONT now, Richard Quest, host of CNN's "QUEST MEANS BUSINESS".

Richard, the quote is, no, it won't. I'm not that stupid. These are not just causes. These are deep passions for him. Can you really drop these things he cares about? The climate change battles he's fought. The environment that he has now spent now decades fighting for?

RICHARD QUEST, CNN BUSINESS EDITOR-AT-LARGE: A lot of the things he's talked about have become mainstream. So to the extent that he can still prosecute the climate change and the environment, that will be true. But I think the real test is, can he keep his mouth quiet? Can he shut up?

I mean, you know, Charles -- you played the clips of Charles from interviews. Well, the Queen never gave an interview in 70 years. You were even not supposed to listen and eavesdrop when she was talking to people.

I interviewed Charles just a year or two ago on a topic of great importance, the environment, and how business could play a role within that. And Charles was put up for an interview and we the a remote interview on that subject. You're looking at the pictures of it.

There will not be any of this in the future. There can't be. It is just not part of the job.

BURNETT: Well, it's interesting. By the way, interesting that his son really is also, we hear from him very little. I'm referring to William. King Charles, sorry, I'll getting used to the name, knows the role and the responsibilities will be different. He's made that very clear.

But how do you see him changing? We saw an emotional side of him today. We've seen his outspokenness before. How do you see him changing, Richard?

QUEST: There are two aspects of what he said tonight that I paid very close attention to.


He said, I hold in the greatest respect almost the traditions, freedoms of our unique history and system of parliamentary government. And then he went on to say, I will pledge myself to uphold the constitutional principles.

Now, this is basically telling everybody, don't get any ideas that I'm going to start writing letters to ministers, to government cabinet ministers, trying to interfere like I have done in the past. He's saying clearly to the people who will now turn to him and say, you no longer Prince Charles, who's the influencer. You're the monarch and your role is to advise, to warn and to be consulted, as he was famously put by a constitutional scholar. It is not to interfere.

BURNETT: You joined last night from Singapore, Richard, and you got on a plane and you went home. And now here you are for the first time in your life, home, and there's no Queen Elizabeth II for the first time in your existence. What did it feel like to come home?

QUEST: Sad. I teared up driving on the A-40, which is the motor way into central London because every massive billboard, every electronic billboard has an image of the queen. There is a mutedness, even at the airport. There is a muted feeling in the country.

We know we have to get on with it and remember, Charles has been part of my life all the way through as well. It is not like a complete stranger is coming through the back door. But the reality is it just -- I'll be honest, Erin, it just feels good to be home.

BURNETT: Richard, thank you so much. Appreciate it.

And next, the deadline is hours away for the Department of Justice and team Trump to submit candidates for special master in this now battle over the classified documents seized from Mar-a-Lago.

And Ukraine making huge gains. There is a counter offensive and Ukraine has moved big time. Is this a turning point?



BURNETT: Tonight, we're quickly approaching a deadline for crucial filings in the case involving classified documents at Mar-a-Lago. Team Trump and the Justice Department having midnight deadline, at 7:40 Eastern, they have to submit their lists with proposed candidates and guidelines for a special master.

So you're going to get two lists. This comes amid the DOJ's appeal yesterday of the ruling that approved a special master. That also, and this is important, this is at the heart of the whole thing, it halted the FBI review of documents.

Kara Scannell is OUTFRONT.

So, Kara, let's start here. Any time in the next minutes, certainly in the next few hours, we're going to get these two lists or I don't know they'll be. There may be just one name from the DOJ from team Trump. Once these are filed, what happens then?

KARA SCANNELL, CNN REPORTER: Well, Erin, the judge said once the proposals are in, she will rule expeditiously on this. And as you said, this will be the least of candidates. It will be an outline of what the duties should be as well as the limitations. What the schedule will be and who is going to pay for this.

Now, there was this wrinkle with the DOJ filing their notice of appeal yesterday and asking for a stay, and the judge is asking both sides in this filing tonight to consider this DOJ request. DOJ has asked to be allowed for a review and used these materials, the classified materials. It's about 100 documents out of the 11,000 pages from Mar- a-Lago.

They're asking to be able to review that. The DOJ says it is of national security importance and important to the criminal investigation as well as the intel assessment. They stay that the FBI has to be involved in the intel assessment of this. And specifically they point to the 40-some folders with classified banners on them that were empty.

DOJ saying that they need to be able to review whether any documents were lost or compromise that had could have been in the folders. And this is why they're asking the judge for the carve-out.

Now, she's officially giving Trump's team until Monday at 10:00 a.m. to file their formal response. That will be the legal arguments. But the clock is ticking here because the Department of Justice says if the judge doesn't grant this request for them to gain access to the classified materials by Thursday, that they will appeal it to the 11th Circuit -- Erin.

BURNETT: All right. Kara, thank you very much.

So, Ryan Goodman is with me now, the co-editor in chief of Just Security, and a former special counsel at the Defense Department.

So, Ryan, we're going to get these two lists. There could be one name on them. A judge has discretion to pick because one would presume there may be an overlap between the two. No negotiation, as you say. She then has full discretion.

So what is the top thing you're going to be looking at when we get these two lists, sometimes in these next couple hours?

RYAN GOODMAN, CO-EDITOR-IN-CHIEF, JUST SECURITY: So one is who is on the list? Are they people we think could get quick access to security clearances if in fact the special master handles classified material. And the other part is that they're supposed to come with not just the list of name but the duties for the special master. And that is key. For example, I assume the Justice Department might say, if the special master deems any material to be subject to executive privilege, then the special master should send the materials to the archives.

And will that would be a smart move on their part. That might be in the submission tonight. They'll have to see how they map out the different duties.

BURNETT: And then she's going to pick the person and the guidelines, and then it's all her discretion.

GOODMAN: Absolutely in her discretion.

BURNETT: OK. So, as part of this, right, this list thing is going ahead. The Justice Department's appeal went through about the special master, their access to the documents. You said how they did it was a master stroke. How come? GOODMAN: I think it's masterful in the sense that they focus the mind

on their strongest legal position, the strongest legal position is let's focus on the 100 documents that are -- just a little over 100 documents that have classified markings. There is no way that those are Trump's property. That's the government's property.

Just for those, we've got to take them out of the picture. That's the ones that he doesn't have any right to. That's the ones that belong to the government.

BURNETT: There is no ruling on executive privilege on those. You can't have executive privilege over classified documents. That's the bottom line.

GOODMAN: That's right. So, that's one piece of it. And then the second thing is they've given her an out. They've said, look, we're now putting front and center the national security risk if you keep your order in place, because it will impede the ability for the intelligence community and impede the ability for the government to find if there were other classified documents out there in the wild.


But they've begin her an out because she can say, OK, new information. Thank you. I didn't have that information before. I will amend my order.

BURNETT: Right, right. So, it gives her that.

OK, and hanging out there in the wild. Kara saying 40 files with the banner on them but nothing in them. So, where are those, right? That is a crucial question. What do you think she'll do here?

GOODMAN: I think there's a good likelihood she will take what they've given to hear because I think she otherwise faces an immediate overturn by the court of appeals and that's very embarrassing for a judge. So I think what they've given her a nice out. She can take the classified material out of the picture and still go on with the rest of the special master, dealing with attorney-client privilege issues and things like that.

BURNETT: All right. Ryan Goodman, thank you very much. We will see what she does, or what they give her at least here, as I said, in these next few hours, the deadline is midnight Eastern.

And next, President Zelenskyy said that offensive actions by armed forces have liberated more than 30 towns around Kharkiv. There is been a huge shift here -- moving 30, 40 miles into Russian occupied territory by the Ukrainians.

And the heat that has had California in its grip for about a week is going to break but in exchange for more extreme weather.


[19:50:05] BURNETT: New tonight, a major move in Putin's war. Ukrainian forces advancing deep into Russian-held territory. And tonight, the Pentagon calling Ukraine's move a counteroffensive for the first time.

OUTFRONT now, Dan Rice, special adviser to the commander in chief of Ukraine's Armed Forces and a former U.S. Army officer.

So, Dan, I'm glad to have you back. You know, look, this is a significant moment and one that a lot of people have sort of given up hope for. But there has been a major move by Ukrainian forces into Russian occupied territory in Ukraine. We've got new video of Ukrainian forces planting a flag in a town that had been under Russian control for six months. Six months the people there lived under Russian control. And now the Ukrainians are liberating it.

You are a close adviser, of course, to General Zaluzhnyi. And you're in touch with him lately -- daily. What are you hearing about the counteroffensive and how confident they are in it?

DAN RICE, SPECIAL ADVISER TO UKRAINIAN COMMANDER IN CHIEF: I think they're extremely confident. I think the commander is confident that they will win the war. They are turning the tide on the war here. These are two tactical victories, but they symbolize a big turning point in the war. They're very confident but this will also drag on for at least --

BURNETT: Right. It's not that they expect some sort of a blitzkrieg going back out.

RICE: No, they're prepared to sustain, as long as the West continues to supply them, they will fight. It will go way past 2022, it will go past 2023 and that's from the commander, that they're prepared to fight that long and they will until they get rid of the Russians.

BURNETT: You know, I saw this week that he had written about the war, and it was sort of breaking his silence in a couple of things and first directly claiming responsibility for those. We knew they had used missile strikes against Crimea, but saying, yeah, that's what we did and we did it on the airfield, and we did it. And he said there's going to be a lot more of that, of Ukrainians striking Russian territory, which was a significant thing to say directly. But he said, we can't do it without missiles that go farther than the ones we have. He's asking specifically for U.S. missiles that can go as far as 190 miles. That would be a big change from what they have now.

I know you've met with the Joint Chiefs chairman, General Milley, you've been trying to advocate for what they need. Is the U.S. going to give Ukraine those longer range missiles or no?

RICE: I think that's a political decision not a military decision. I think the military right now would give them what they need. I think it's a political decision. The State Department obviously weighs on that. And Antony Blinken was there today and the state department has slowly increased most of the aid.

I think they need the long race ATCMS, that's the weapon fired out of the HIMARS launcher they have.


RICE: What they really need is dual purpose crude, conventional munitions. That's based -- I learned this when I was out of the Donbas in combat, we're giving them the wrong artillery shell. We're giving them artillery shell we would not give them our own troops the in support of a fight against Russia.

BURNETT: So, I want to talk to you about that because the ammunition is crucial. And people may not realize this could be the heart and soul of the entire conflict at this point. The U.S. has provided ammunition, of course. Without our ammunition, they would be nowhere.

But you are saying they need a different type of ammunition, which is often referred to as a cluster munition. The U.S. has not provided that to your point. So, I'll show -- I'll show everyone why, this is what you pointed out. You get the damage far more widespread --

RICE: That's correct.

BURNETT: -- when you give them more fancy ammunition, for lack of a better word. It drops down and it's going to go out. The one we have now drops down and stays down.

RICE: Exactly.

BURNETT: This is referred to often as a cluster munition, which people view as a banned thing that can hurt civilians. Why should we be giving it to them?

RICE: This is -- the way we prepared to defend Europe against the Russian invasion for 50 years is to use this weapon. It's an artillery fired weapon that explodes in the area. 88 little bomblets come out and it covers a 150-meter area. It will be fired by Ukrainians on Russian military targets. Obviously, they're not going to target their own civilians.

So, it's the ideal weapon. Right now we're using a high explosive, a single round that goes and lands and either hits there on the ground or explodes in the air, one round. This other round, explodes in the air --

BURNETT: And gets 88 spots.

RICE: Eighty-eight. And so, this is a game changer. This is five to 15 times more lethal. So, we're giving them something we would never give our troops in our defense.

And I think it's the moral imperative to give them the most lethal fire power. This is an artillery tool. Most people don't realize, this war, it's a 1,200-mile front, which basically is here in New York to Miami, 1,200 miles of artillery.

The Ukrainians only have a cup hundred artillery tubes. The Russians have thousands and they're firing all night into Ukrainian lines. This can't go on forever from a human standpoint. They can't sustain that.

If we give them this, this is a game changer. I think Congress needs to bring together all of our best war fighters and ask how much of a game changer it would be and make this a public debate about DPICM.

BURNETT: Right. Well, it's something we don't hear enough about and it's a conversation that needs to happen. Thank you very much for making sure everyone understands that this is on the table, Dan. Thank you.

RICE: Thank you, Erin, and I hope we can see American leadership lead from the front, basically choose the harder over these (INAUDIBLE), give them the most lethal aid they need and that's DPICM.


BURNETT: All right.

Well, next, relief from the heat is coming to California, but it threatens to bring a whole other set of extreme weather problems.


BURNETT: Relief from extreme heat is coming to California in a matter of hours, but extreme wind and rain also now on the way. Multiple days of triple digit temperatures set records all across the state. The cooler temperatures are fuelled by a tropical storm right now with fierce winds that is now being felt in both San Diego and Los Angeles.

The storm could drop a year's worth of rain, one entire year in one storm in parts of California. Warnings now up about life-threatening flash flooding across the state, which is shocking considering this is a state right now plagued by drought. And there's worry the high winds will spread the already burning wildfires before any significant rain even arrives, and then mudslides also a possibility with heavy rain.

Thank you so much for joining us. Don't forget, you can watch OUTFRONT anytime, anywhere. CNN Go is where you go for that.

And right now, stay here because "AC360" starts now.