Return to Transcripts main page

Erin Burnett Outfront

San Francisco D.A. Announces Charges For Suspect In Paul Pelosi Attack, Including Attempted Murder; New Polls Show Tight Senate Races With About A Week To Election; Putin Warns Barrage Of Missile Strikes Today On Ukraine's Infrastructure Was "Not All We Could Do"; 2 Americans Among 155 Killed In Seoul Crowd Surge; Trump Files Emergency Request With Supreme Court To Block House Committee From Receiving His Tax Returns. Aired 7-8p ET

Aired October 31, 2022 - 19:00   ET



KATE BOLDUAN, CNN HOST: OUTFRONT next, a terrifying confession. The man accused of attacking Speaker Nancy Pelosi's husband revealing police his ultimate goal was to hold Pelosi hostage and break her kneecaps as the suspect has been hit with more charges tonight.

Plus, devastating strikes across Ukraine. Russia launching dozens of missiles, knocking out water and power. And we're getting new video in tonight of Russian soldiers chaotically fleeing Ukraine's counteroffensive.

And Obama's closing argument. The former president crisscrossing the country, telling Democrats that now is not the time to mope. But what impact will Obama have on these razor tight races?

Let's go OUTFRONT.

Good evening, everyone. I'm Kate Bolduan, in for Erin Burnett.

OUTFRONT tonight, we have breaking news. The San Francisco district attorney just charging the man who's accused of attacking Speaker Nancy Pelosi's husband with attempted murder, residential burglary, assault with a deadly weapon, elder abuse, false imprisonment of an elder, as well as threats to a public official and their family. If convicted, he could face up to life in prison.

The D.A. was also crystal clear this evening on the suspect's motive.


REPORTER: So can you definitively say now this was obviously politically motivated?

BROOKE JENKINS, SAN FRANCISCO DISTRICT ATTORNEY: Yes, it appears as though this was, based on his statements, and comments that were made in the house during his encounter with Mr. Pelosi, that this was politically motivated.

(END VIDEO CLIP) BOLDUAN: This comes after the Justice Department already charged David Depape with two federal crimes -- assault against a family member and attempted kidnapping. Federal officials are so detailing Depape's terrifying intentions. According to court documents released today, Depape told police that he ultimately intended to hold Speaker Nancy Pelosi hostage, saying that if Pelosi were to tell him the, quote/unquote, truth, he would later go. And if she lied, he told police that he said he was going to break your kneecaps.

And it comes as we are also learning more, even more about the attack. Police say Depape entered the Pelosi home Friday with zip ties, tape, rope, and two hammers just before 2:30 in the morning. He woke up Paul Pelosi who was eventually able to call 911. The suspect though, telling police that he did not leave after that call to 911. The reason being, quote, much like the American Founding Fathers with the British, he was fighting against tyranny without the option of surrender. That's in the criminal complaint.

When police arrived, Depape is accused of attacking Pelosi, smashing him in the head of the hammer. And now, we are getting new details about Pelosi's condition.

Whitney Wild is OUTFRONT covering this for us.

Whitney, the path is expected to be in court tomorrow for his arraignment. What new information are you learning about the attack and what police found at the scene?

WHITNEY WILD, CNN LAW ENFORCEMENT CORRESPONDENT: Well, now, we are learning much more detail what federal prosecutors say happen, they're learning this from interviews with Depape himself, interviews with Pelosi, as well as a deep review of the body camera.

So, what they say, again, just to go through this narrative, Depape broke through the back door of the home, made his way upstairs where Paul Pelosi was sleeping. He claimed that he wanted to talk to Nancy. Somehow, through all of this, Paul Pelosi was able to talk him down, keep him calm enough that he was able to slip into the bathroom and call 911. When police got there, Pelosi open the door and moments later, Depape hit him so hard with that hammer that he fell to the ground unconscious.

Here's a quote from that complaint that lays out exactly why Depape told investigators he did this. He said he viewed Nancy as the leader of the pack of lies told by the Democratic Party. Depape also later explained that by breaking Nancy's kneecap, she would then have to wield into Congress which would show other members of Congress that there were consequences to actions.

Depape also explained generally that he wanted to use Nancy to lore another individual to Depape. Kate, investigators found Depape's backpack at the Pelosi residence. They've gotten among other things, as you mentioned, a roll of tape, white rope, a hammer, a pair of rubber gloves, a pair of cloth gloves, and the journal.

And then further, Kate, this affidavit makes clear he had more -- at least one other weapon, where he was living in basically a garage, it was a search warrant where they found more gloves and a sword, Kate.

BOLDUAN: Whitney, what more are you learning about Paul Pelosi's condition tonight?

WILD: Well, he remains in the intensive care unit at a San Francisco hospital. Sources tell CNN that Depape was -- struck Pelosi twice in the head. Pelosi needed surgery for a skull fracture.

Also, he had serious injuries to his hands and right arm. That led his shirt to be cut off of the hospital to treat his arm.


Obviously, a traumatic situation there as they rushed him into the hospital. He is 82 years old.

We have learned from Pelosi's team that he's expected to make a full recovery. But at this point, he remains in the ICU.


Whitney, thank you so much. Great reporting on this as always. I really appreciate it.

OUTFRONT with me now, Democratic Congressman Eric Swalwell of California.

Congressman, thank you so much for coming on this evening.

I mean -- I know that you've spoken with the Pelosi family since the attack. What are they telling you?

REP. ERIC SWALWELL (D-CA): Well, you know -- first and foremost, you know, everyone is just rooting for Paul's health and also concern, though, that -- and this is how the speaker is. You know, she recognizes that she has a security detail that most members of Congress do not have. And so, all of our families sit on the X, meaning that members are often in transit. We're between Washington and our district, between campaign stops, and overseas travel for our job. But our family members and our staff, they sit on the X.

So, many assailants would go to an office or home thinking that you'd be there. And you actually may not be there, but your family members are there. And as we saw in this instance, they are the ones that can pay the price.

BOLDUAN: I want to read a portion of the criminal complaint that you just reinforce, something that really struck out to me, which is, in the complaint, it says Depape stated that he was going to hold Nancy hostage and talk to her. If Nancy were to tell Depape the truth, he would let her go, and if she lied, he was going to break her kneecaps. Depape was certain that Nancy Pelosi would not have told the truth.

You spent a lot of time, of course, with Speaker Pelosi on your work on the Hill together and also traveling back and forth to California at times together. Did she ever talk about the fears that you are speaking to. I know you quite know quite well, the threats or fears that something like this could happen to her.

SWALWELL: Well, Speaker Pelosi, as you probably know, is made of steel. And she's fearless. But she often thinks of her own staff and other members and has sought to increase the funding that the Capitol Police has to protect the staff and other members.

But we've seen in the Senate that Mitch McConnell and Republicans have voted down additional security measures that were passed in the House. She recognizes this and has tried to solve for this.

Also, I'll just say, as a former prosecutor in the San Francisco Bay area, you know, that complaint reflects that this individual did this, you know, with premeditation, with, you know, foreknowledge, that he went there knowing where she lived. He had planned and he intended to carry it out.

This was not some random individual. And that should concern all of us that there are many other people out there are just like him who could carry out, you know, violent political rhetoric and actually turn it into violent acts.

BOLDUAN: Yeah. I mean, many elected Republicans are condemning the attack against Paul Pelosi. But some are also suggesting that it is an example of the bigger problem with crime across the country.

I want to play what former President Trump said today about the attack.


DONALD TRUMP, FORMER PRESIDENT: With Paul Pelosi, that's a terrible thing. With all of them, it's a terrible thing. Look at what's happened to San Francisco, generally. Look at what's happening in Chicago. It was far worse than Afghanistan.


BOLDUAN: It really gets at the question of bringing down the temperature --


BOLDUAN: And how to bring down the temperature. But your response to that take?

SWALWELL: Well, the individual didn't even live in San Francisco. So, it's just a cheap shop at San Francisco to say that. If you look at the Facebook page of this individual, and the Facebook pages of Donald Trump, Marjorie Taylor Greene, Marjorie Taylor Greene, Lauren Boebert, they are identical.

And so, the violent political rhetoric that is espoused by Republican leaders is inspiring violent political acts by individuals like this.

And so, we all have a responsibility to condemn it, because when we don't condemn it, what we saw on January 6th, it is taken as a permission slip. The best evidence that us condemning it actually has an effect on the people who would carry out the acts is January 6, we saw hundreds of people went on Trump said it's time to go home, they went home.

So, believe it or not, it may seem, you know, crazy to us that people would listen to a leader as to whether they carry out violence or whether they go home. It actually carries great weight. And so, more Republicans need to speak up, otherwise somebody is going to get killed, and Paul Pelosi almost was killed.

BOLDUAN: The D.A. said very clearly this evening that it's incumbent upon everyone to bring down the temperature. I mean, look, a few days ago, a man pleaded guilty to threatening to kill you. And many in Congress have faced threats, Democrats and Republicans.

We talked about -- yes, Republicans need to bring down the temperature. We know what the motivations of this man was and what is on his social media pages with Depape. Do you think there is something that Democrats almost need to do to lower the temperature in the country right now?

SWALWELL: You know, Democrats are very passionate about what is at stake in our election.


But not a single colleague of mine has advocated for violence. And I think that's the difference. Yes, I mean, these arguments sometimes get impassioned and I think we have all said things that we regret. But, too many Republican colleagues have glorified violence, they have called for violence, or like Speaker McCarthy, or Leader McCarthy wants to be Speaker McCarthy, when he's asked about violence, he fails to denounce it.

And I think there's a clear difference between bringing up violence and failing to condemn it and the effect it would have if you actually did.

BOLDUAN: Yeah. And one question tonight is with the serious charges that now have been now slapped on Depape, does it -- are they strong enough? Does it act as a deterrence? Does it scare people straight in terms of getting the temperature to go down? One -- hope can spring eternal, but we do live in reality these days.

Congressman, thank you for coming on.

SWALWELL: My pleasure. Thanks, Kate.

BOLDUAN: So, also tonight, we have new information about the alleged attacker and his motivation.

Drew Griffin has this for us OUTFRONT.


DREW GRIFFIN, CNN SENIOR INVESTIGATIVE CORRESPONDENT (voice-over): For years, the right-wing has been demonizing Nancy Pelosi.

TRUMP: That crazy Nancy, she is crazy.

GRIFFIN: And some of that was shared by David Depape, the man now charged with attacking Paul Pelosi.

Depape was attached from reality, say his acquaintances, but wrapped in far-right conspiracies. His Facebook page and blog post littered with QAnon, racism, support for Adolf Hitler.

MIKE LINDELL, CEO, MYPILLOW: What you're going to see today --

GRIFFIN: He posted videos with Mike Lindell's made-up lies about the 2020 election being stolen. And that the House committee investigating January 6th is a farce.

In other words, he was consuming and re-posting the political lies that led to this. The 42-year-old Depape broke into Pelosi's home repeating the same chant, "Where is Nancy?" according to police. But for those who study the radicalized right, the suspect's actions are influenced by lies.

CYNTHIA MILLER-IDRISS, AMERICAN UNIVERSITY: One of the things that we are seeing is that conspiracy theories, disinformation, propaganda, mobilize both individual actors to violence, and large groups of people.

GRIFFIN: The suspect's former partner, who is in jail, said at one point Depape thought he was Jesus.

OXANE TAUB, FORMER PARTNER OF DEPAPE: He is mentally ill. He has been mentally ill for a long time. He thought he was Jesus. He was constantly paranoid, thinking that people are after him.

GRIFFIN: Republicans eager to distance themselves from the politics of this actor are latching on to reports he maybe mentally ill. But mentally ill or not, nearly every post he made was rooted in right- wing conspiracies or lies about the left.

MILLER-IDRISS: I think this is a classic case of somebody who was steeped in a toxic mix of online content, sharing that toxic mix, following hyperlink after hyperlink down different types of rabbit holes.

GRIFFIN: And while Paul Pelosi lies in a San Francisco hospital, those not trying to excuse the attack are spinning new conspiracy theories, fueled by partial information and outright false reporting.

Listen to this police dispatch call of the incident.

SAN FRANCISCO POLICE DISPATCH: There is a male in the home and that he is going to wait for his wife. RP stated that he doesn't know who the male is but he advised that his name is David and that he is a friend. RP sounded somewhat confused.

GRIFFIN: While a law enforcement source told "The Los Angeles Times" that investigators believe Pelosi was giving coated information, while also trying to de-escalate the situation. Right wing Twitter feeds lit up with the word, "friend", suggesting that Pelosi knew his attacker, which the San Francisco Police chief told CNN is not true.

CHIEF WILLIAM SCOTT, SAN FRANCISCO POLICE: As a matter of fact, the evidence indicates the exact opposite.

GRIFFIN: Then, a local Fox News station incorrectly reported then retracted information, saying the attacker was in his underwear. Again, falls. But it is led to popular far-right figures, like former Trump official Sebastian Gorka, and even Trump's son who insinuate that Pelosi and his attacker were romantically linked.

Dinesh D'Souza, the maker of the discredited film "2000 Mules", tweeting: Could this Pelosi situation be a romantic tryst that went awry?

And potentially even more disturbing, Elon Musk, the new owner of Twitter, re-tweeted to his 112 million followers a garbage article on the attack and said he's begun to question what really happened before deleting the tweet.


GRIFFIN: Kate, Depape's own stepfather told us today he is disgusted by these conspiracies and lies about his son. He fears it's going to hurt his business. But as we've seen, the generators of these conspiracies and especially these people who have huge social media power, who spread lies, don't seem to care -- Kate.

BOLDUAN: Drew, great reporting. Thank you very much.

OUTFRONT now, Greg Ehrie, former chief of the FBI domestic terrorism operation section and former special agent in charge of the intelligence division for the New York office.

Greg, thank you for being here.

I mean, you have heard some of Drew's reporting right there. Depape's Facebook page, blog posts, is filled with QAnon, racism, support and love of Adolf Hitler. But Depape also was not known by authorities, or known to authorities.


Should someone with that kind of a social media footprint have been known to law enforcement?

GREG EHRIE, FORMER FBI SPECIAL AGENT IN CHARGE, NEWARK FIELD OFFICE: It's a difficult challenge and a problem because, obviously, as we've heard, this is somebody who is swimming in conspiracy theories, just ingesting hate day after day. Waiting for that moment that something flicks in his head to act on.

And it's tough for law enforcement to police the internet because there's no other activities. The best way to combat this is people who knew him. And you have seen some comment to say that there is a problem and try to get that individual help.

BOLDUAN: It's endless, if there is one Depape of these websites doing that, there is a million Depapes doing the same thing.

EHRIE: Absolutely.

BOLDUAN: How much has political rhetoric, do you think in recent years, contributed to what happened to Paul Pelosi versus the discussion of, there is generally a crime problem across the country now?

EHRIE: I think I agree with the D.A. in San Francisco. There is a crime problem, certainly. We are watching these statistics. This was a politically driven attack, specifically targeting Nancy Pelosi and her family.

So, there's no ends, ifs, or buts about it. But the political rhetoric that we are seeing, it is going up. When we are working with the ADL with the Capitol Police, just last year we have seen threats against congresspeople and their families went up to over 9,500, which is double what we have ever seen in our history.

BOLDUAN: Do you think the charges that were slapped on the path, do you think they are strong enough to bring down the temperature? It seems like that is almost the wrong direction for the motivation to stop the rhetoric and bring things back down to earth, to come from.

EHRIE: I think it is a piece of the puzzle, facing charges which are pretty stiff. But I think as I heard the congressman say before this, we need universality across the crime -- it is not enough to advocate for violence. It's got to be advocated from both sides and parties and saying, this is not what we mean. Leadership comes with responsibilities and words matter. And that's what we need to say.

BOLDUAN: Yeah, a former FBI guy told me today, there needs to be a code of conduct in how politicians are going to operate. Be passionate, but there has to be a line, when you see something like this, we will see. It's great to have you here, thank you so much.

EHRIE: Thank you for having me.

BOLDUAN: OUTFRONT for us next, up for grabs. Polls from four crucial states showing momentum shifting toward Republicans as we enter the final stretch. Now, Democrats are turning to former President Obama for help. Can he deliver?

Plus, a Russian retreat, see what happens when Russian forces frantically tried to escape Ukraine's fierce counteroffensive.

And former President Trump, now asking Supreme Court to block Congress from accessing the tax returns. Will the high court stand in the way?


[19:21:21] BOLDUAN: Tonight, a fight to the finish as we hit the final stretch of the midterm elections. Polls from four swing states show just how crucial these final seven days of campaigning will be.

In Nevada, Democratic Senator Catherine Cortez Masto is neck and neck with Republican Adam Laxalt. There's also no clear leader in Georgia between Democratic senator Raphael Warnock and Herschel Walker. Democratic Senator Mark Kelly holding a narrow lead right now over Blake Masters in Arizona.

And then what is likely the Democrats best hope to pick up a Republican seat, John Fetterman, has a slim lead right now over Mehmet Oz.

OUTFRONT with me now, Van Jones, a former special adviser to President Obama and Scott Jennings, who was a senior adviser to Senate Minority Leader Mitch McConnell.

Thanks, guys, for being here.

Van, with the reality and landscape that we're looking at right now in the final stretch, inflation, President Biden's lack of popularity with voters, and just what recent history tells us about midterms, do you see these polls as a glimmer of hope for Democrats, or a sign of trouble?

VAN JONES, CNN POLITICAL COMMENTATOR: Look, I think there is a red riptide starting to pull us out into waters I don't want to be. We have seven days to vote, volunteers, donate, that's all it is. But the idea that we are still in this fight, usually expect a wipeout in the midterms, with the economy being where it is, is going to be wiped out.

Some of these candidates on the right are so scary and so bad, Laxalt, you know, you see an embarrassment down there in Georgia. And we have fantastic candidates on our side, but there are swimming against a red riptide, we're going to have to be out there and fight.

People just can't complain and twiddle their fingers. Have you voted? Have you donated? Have you volunteered? And then shut up. Let's get out there.

It is not the margin of error. It's the margin of effort that is going to determine this thing now.

BURNETT: Scott, what do you see in these polls?

SCOTT JENNINGS, CNN POLITICAL COMMENTATOR: Well, there is a lot of hope. I try not to get too excited about one or the other at the end of an election, because you can always find one that confirms or priors or your desires as I like to say. These races are incredibly close.

I think Republicans feel pretty good about Nevada right now. Georgia, because the outcome could be a runoff with no clear winner on Election Day, that ones, you know, kind of a shrug right now. And then, Pennsylvania has gone extremely close. New York Times survey

that was taken, it was largely taken before the debate, which I don't think went very well for Fetterman. Pennsylvania, neck and neck.

This thing is on a knife's edge. I think the House is done, I think Republicans are going to have a huge night. But these Senate races are all very close, and I would caution Republicans against any irrational exuberance because things still could go either way.

BOLDUAN: I mean, but Scott, I mean, Rick Scott, over the weekend with -- he said is going to be 52-plus seats, 52 at least in the Senate. I mean, this is -- this is our year, it is kind of how he was painting it. The red tsunami that I've heard a couple of people say.

Do you think the 52 seats in the Senate is going out on a limb at this point?

JENNINGS: I mean, it could happen. I mean, if things work, Republicans could sweep all those states that you just mentioned, winning Pennsylvania, Georgia, Nevada, even Arizona has gotten close. New Hampshire has gotten close.

Democrats are obviously worried about places like Washington state. There is a scenario where Republicans come in big on election night. There's also a scenario where this thing is really close, you get some, and you don't get others.

And so, his job is to cheer-lead for the Republicans, he's doing. That my job is to analyze this like a political operative, I'm going to do that. So, I think it's a close election out there. I agree with Van. It's hyper-close.

BOLDUAN: When have you ever been to stay in your lane? This is an awkward position. I'm just kidding, I'm getting.

So, Van, then it -- then it makes sense that former President Obama is jumping in to try to help Democrats at this point.


I mean, he started -- he started the weekend in Georgia, followed by stops in Michigan and Wisconsin. Nevada is tomorrow, and then he just added a stop in Arizona. And Saturday, he is going to hold a joint rally with President Biden, then in Pennsylvania.

I want to play part of his closing messages to Democratic voters.


BARACK OBAMA, FORMER PRESIDENT: But I'm here to tell you that tuning out is not an option. Moping is not an option. We don't have time to mope.

Don't get distracted. Don't get bamboozled. Don't follow for the okeydoke that says nothing you say or do matters. You go out and what

CROWD: Vote!


JONES: Oh, I love it, I love it.

BOLDUAN: But, Van, midterms, I mean, you know it as well. Midterms were tough for Obama when he was president.

JONES: Sure.

BOLDUAN: Do you see him having more of an impact this midterm?

JONES: Look, he's become more beloved and more beloved with the Democratic base. At the end of the day, it is going to be a base election. And some of these, I know Scott agrees with me, these might be 5,000, 10,000 vote margins.

Can Barack Obama get out there, President Obama get out there and get 5,000, 10,000 more votes? I should do more, he absolutely can do that.

Now listen, nobody can overcome a five, ten, 20-point lead. When you're talking about literally a 5,000, 10,000 vote, Barack Obama, the most beloved Democrat in the country with no fear, he can move that needle.

BOLDUAN: Can I just ask you, Scott, when you think about former president Trump and his impact, he is jumping out to try to gin up support, gin up voters, get people out in the polls as well on the Republican side. I mean, you have not been afraid to criticize Trump in the past.

Do you think that he helps or hurts at this point?

JENNINGS: Well, I look at it -- if I were running a campaign, I'd say, what do I have and what do I need? If you are a Republican, what you have is a highly energized base, and you have a president, Joe Biden, who is really struggling.

In Georgia tonight, in the "Atlanta Journal Constitution" survey, they have Biden at 37 percent job approval. So, I'm not sure what else you have to do to motivate Republicans. In theory, that's what I Trump would be doing.

So, I'm not sure you need him. I mean, it is conceivable that he can go somewhere and possibly hurt you. Look what he did to J.D. Vance in Ohio the other day. He said this guy kisses my, you know, A double S. And so, that wasn't helpful. I mean, that was embarrassing.

And so, now, I think we're going to win Ohio, we should be clear about that. Would you want him to come to other state and possibly embarrass you when your Republicans all already really fired up? I don't think so.

Comparably, Obama is campaigning because Biden can't. He is a liability, too. Interestingly, both Biden and Trump are the two biggest vote anchors on the parties. Obama floats at a different plane.

But those two guys right now, I don't think many Democrats want Biden. And I'm not sure kind of Republicans want Trump. Neither of them are terribly helpful in my opinion.

BOLDUAN: Quite a midterm we are facing. It's good to see you both. Thank you.

JENNINGS: Thank you.

BOLDUAN: OUTFRONT for us next, Putin with an ominous warning tonight, saying the devastating blitz on Ukraine's infrastructure is not all that Russia can do. We're on the ground in Ukraine for you tonight.

And the desperate attempts to save people and in the crowd crush that took the lives of more than 150 in South Korea.


REPORTER: Did any of the people that you try to save make it?


REPORTER: No, they all died.





BOLDUAN: Tonight, Vladimir Putin warning today's missile blitz that he launched on Ukraine is, quote, not all we can do. This as 55 Russian missiles rain down on Kyiv and other cities across the country with at least 10 striking more civilian infrastructure.

Nic Robertson is OUTFRONT tonight from Kyiv.


NIC ROBERTSON, CNN INTERNATIONAL DIPLOMATIC EDITOR (voice-over): Life just got harder in Kyiv. Monday morning, 80 percent of the capital's water off following a new barrage of Russian airstrikes, spigots not use since the war began a lifeline again, but not unexpected.

UNIDENTIFIED MALE: Everybody in Kyiv right now and they choose to stay here. They are like ready for this.

ROBERTSON: Will it make you leave the city?

UNIDENTIFIED FEMALE: No, I will stay here. I didn't leave it since the war begins. So, why have to do it now?

ROBERTSON: Despite the lines in parts of the city, patience aplenty. UNIDENTIFIED FEMALE: I'm standing with my friends in one hour, maybe

two-hour, maybe three, maybe no water after 20 minutes. But I'll be back.

ROBERTSON: Scenes like this becoming increasingly normal across Ukraine. Government officials say there were ten different regions targeted Monday, 18 different sites.

Among them, a hydroelectric power plant, Ukraine's biggest in Zaporizhzhia. Another power gen site in central Ukraine. Kharkiv subway in the east still by strikes on vital infrastructure there.

And despite intercepts, 44 across the country, according to the government, groups of missiles getting through, at least three according to this witness near Kyiv's hydroelectric power plant.


A missile flew over our house and went to the balcony, and saw the second missile and a drone she says, both were flying in the direction of the power plant. It's so scary when you see it.

Three weeks of targeting Ukraine's electricity network is pushing the power grid towards a tipping point, no doubt more of this to come.


ROBERTSON (on camera): Well, the mayor of Kyiv earlier in the day promised the residents here that he would get some of the water back up and running and by the end of the day we are told it's about 60 percent back up so that leaves about 40 percent of the city without water.

But the power situation is much more dire. Russia has really reduced the capacity of the system here in one of the big energy company bosses here said it's the damage is into hundreds of millions of dollars. There are thousands of spare parts they're short of they don't have in the country anymore. They've got to reach out to allies and partners around the world.

So it's at a point where just a few Russian strikes make a huge amount of difference and the ability of Ukraine to get everything back up and running. That's pushing off into the distance right now.

BOLDUAN: Nick, thank you so much for that.

I want to bring in now, retired Army Lt. General Mark Hertling for more on this.

General, it's good to see you. We've seen Russia escalating attacks on Ukraine. Nick has been documenting this for us.

Do you see a larger strategy in terrorizing the civilian population over and over again?

LT. GEN. MARK HERTLING (RET.), CNN MILITARY ANALYST: Of course. It's been happening from the beginning, Kate, and it's just accelerating. Nick just mentioned about the hundreds of millions of dollars it takes to repair this infrastructure.

Russia is also spending millions of dollars on a strategy of attacking civilian infrastructure, forcing Zelensky government to move in two directions. They want to continue the military assault on the Russians that are occupying their country, but they are faced with the dynamic of how do we take care of our civilians at the same time?

So it causes that government to look two ways and this is unfortunately more continuation of an illegal strategy by Mr. Putin, which is based on committing war crimes. You can't say it any other way. I know I've been a broken record on that but that's just the truth the matter.

BOLDUAN: When it is the reality, it's not being a broken record, General. I mean, it's stating what the reality is on the ground.

I want to play some new video that I know also grabbed your attention as well. You can see on your screen for everyone at home. It appears to show Russian forces coming under attack and in their frantic attempt to flee the line of fire, you can see multiple -- you can see multiple soldiers piling on the outside of a military vehicle, the tank speeding away and you see right there crashing off the side of a road.

CNN can't independently verify the video but in seeing this, General, what do you see here?

HERTLING: Well, you're showing a whole clip now, and you're seeing undisciplined soldiers across the board, soldiers from the beginning that jumped on this BTR without uniforms, helmets, some of them had baseball caps on backwards. They're handing mortar rounds into the turret of this vehicle. You're hearing the track commander say, hang on, find a place to hang, soldiers saying, I don't know where to hang on.

The vehicle takes off, you see soldiers losing their helmet as it flies down the road. There's no wingman to this, there's the helmet that just went off, there's no wingman for this vehicle. They suddenly go off in a ditch probably because some of the soldiers on top of the vehicle are blocking the driver's view.

It is just a comity of error, Kate. I mean, These are the kind of things soldiers look for in an undisciplined, chaotic mob, not a group soldiers. And this is just representative of what we have seen in an untrained force from the very beginning where in this case, I'm sure there were some soldiers either badly injured or perhaps even killed when that vehicle rolled over.

And it was just because they don't know how to perform the kind of skills that are expected of soldiers on the battlefield. And, thankfully, the Ukrainian force is much more disciplined. They have an NCO corps that enforces standards and the key thing is winter is coming as we talked about. Right now, it's 38 degrees in Kyiv. It's getting cold, and we are

still in November. The kind of discipline that's needed in a force right now has got to be applied by NCOs. The Russians don't have that discipline and they're going to suffer through this winter, more so I think than Ukrainian forces.

BOLDUAN: It's interesting. It's good to see you, General. Thank you as always.

HERTLING: Thank you.

BOLDUAN: OUTFRONT for us next, the race to save lives. You're going to hear from a witness who performed CPR and people are crushed to death during a Halloween celebration in South Korea.


And a last ditch effort. Former President Trump asking the Supreme Court to block Congress from getting his tax returns.


BOLDUAN: Tonight, Republican Congressman Brad Wenstrup revealing that his niece was among the people killed in that Halloween crowd surge in Seoul this weekend. Anne Marie Gieske was one of two Americans killed along with more than 150 other people.

Wenstrup saying of his niece, this: She was a gift from God to our family. We love her so much.

Gieske was a college junior studying abroad in Seoul.

Will Ripley is OUTFRONT for us now in Seoul.

And I want to warn our viewers. Some of what you're about to see is disturbing.


WILL RIPLEY, CNN SENIOR INTERNATIONAL CORRESPONDENT (voice-over): Each new video from Saturday's crowd crush only adds to the horror. On Monday, the death toll rose to at least 155.

Han Lew shot this just before joining desperate attempts to perform CPR. He can't shake the trauma of watching so many young lives fade away on the streets of Seoul.

Did any of the people you tried to save make it?

HAN LEW, WITNESS: No, nobody.

RIPLEY: They all died?

LEW: Yeah, because when they were brought out there, their heart had stopped for, what, maybe, 10, 20, even 30 minutes.


RIPLEY: All of them buried under a horrific human pile, a pile of people pushed from all directions by the surging likely alcohol-fueled crowd in the narrow alleys of Itaewon. Police say the popular nightclub district packed with around 100,000 people Saturday night.

I told you not to go says this brother in between waves of grief. His sister died on the sidewalk, just steps away from this growing memorial. A small mountain of flowers and emotional tributes to the mostly young lives lost.

Around two thirds of them, women from more than a dozen countries. By Monday evening, all of the victims had been identified. Two American students, both college juniors lie among them.

Steven Blesi, a college student from Georgia, celebrating the end of midterm exams, he only been in South Korea two months. Anne Gieske, a nursing student from Kentucky, her devastated and heartbroken father called her a bright light, loved by all.

This is a weeklong period of national mourning. The streets of Itaewon, usually bustling, deserted.

As this memorial grows, obviously the anger and the public anger grows as well. Yes, there's grief, and you can feel it, you can cut through the grief with a knife out here. But, there's so many questions about how this could've possibly happen.

CHO SU-KYUNG, WITNESS (through translator): I'm so angry, this is a manmade disaster. When so many young people are out here, the police should have dispatched its full force and taking care of our precious young people.

RIPLEY: Incomprehension turning to outrage, why did the city fail to have any guidelines or manuals for events like this, events without a clear organizer.

In the words of South Korean's president -- a tragedy and disaster that should not have happened took place in the heart of Seoul, a city, a nation, heartbroken and demanding answers.


RIPLEY (on camera): And one of the big questions is, all these police officers here, they were out on the night of this Halloween party, Kate. And yet, they were looking for people with drugs, they were looking for public intoxication. And apparently, pretty much disregarding the growing number of calls that were coming in.

People even walking to their police station, which I'm looking at, it is literally right across the street. The police did not respond, they don't know what to do, and when they did show up, their voices were drowned out. People thought they were in Halloween costumes.

You can see here, the pictures of the two Americans, Steven and Anne, joining this massive pile of chrysanthemums which are the flowers that they used to mourn the dead here in Asia. The story, really touching and tearing apart so many families all over the world, Kate

BOLDUAN: All over the world. Will, thank you.

OUTFRONT for us for us next, former President Trump asking the Supreme Court to block access to his tax returns. They are set to be turned over to Congress this week, unless the justices step in.

Plus, Pennsylvania Democratic Senate candidate John Fetterman weighing in on the rise in violence against elected officials to our Don Lemon.



BOLDUAN: Tonight, former President Donald Trump is asking the Supreme Court to block Congress from gaining access to his tax returns. Trump is arguing that the Democratic-led House committee wants these returns for purely political reasons.

If the stream court does not intervene, the records are set to be handed over Wednesday.

OUTFRONT now, Norm, CNN legal analyst, former special counselor in Trump's first impeachment trial. Norm, do you believe that the Supreme Court will step in here after the long road that this is travel? How much time do you think this buys Donald Trump?

NORM EISEN, FORMER OBAMA WHITE HOUSE ETHICS CZAR: Kate, I don't think the Supreme Court is likely to step in here. The two lower courts have found that Congress has a right to take a look at these tax returns, I just don't think there is a basis, but we will know for sure pretty soon whether Trump will get the delay.

BOLDUAN: When you're working on the first impeachment, he wanted to gain access to these returns. So, what is this really about?

EISEN: Kate, Congress is looking, the House is looking at the presidential audit program. But government review of the presidential tax returns. It is inadequate and they need to get these tax returns in order to fix it.

For example, it completely failed to unearth the kind of wrongdoing that is alleged by New York courts that's on trial now. So, we need to fix that and that is congresses reasons you want to see these tax returns. Of, course they are interesting for other reasons as well.

BOLDUAN: So, Trump, as I mentioned, he is arguing that Congress only wants these for political reasons. Norm, the fact that he could be announcing soon another presidential run, what do you think that has to do with all of this?

EISEN: Well, Kate, there is no doubt that former President Trump has continued to be a figure of fascination. And for some, concern. His finances are very controversial. Of course, his business on trial for criminal tax fraud in New York, the civil case alleging fraud by the New York state. That is what this is about, to the American people, does Congress have a right to gain that kind of information about a public figure. In this case, the request came when he was president. That is the most important public figure that we need to have transparency about.

BOLDUAN: We will soon find out about this, at least this aspect of. It is good to see you, Norm. Thank you.

EISEN: Thanks, Kate.

BOLDUAN: OUTFRONT for us next, Don Lemon, co-host of CNN's new warning show, speaks to Democratic Senate candidate John Fetterman about the attack on Speaker Pelosi's husband.



BOLDUAN: And, finally tonight, Pennsylvania Senate candidate, Democrat John Fetterman, acknowledging his debate with Mehmet Oz last week was challenging. A debate in which he struggled at times to explain his positions as he's also still covering from a stroke that he suffered more than five months ago.

And then a new interview with Don Lemon, co-host of CNN's new morning show, "CNN THIS MORNING", Fetterman weighed in on also the recent attack on Speaker Pelosi's husband and the baseless claims that have surrounded Friday morning's assault. Listen.


DON LEMON, CNN HOST: What did the attack and the subsequent conspiracy theories say about the state of our politics now?

JOHN FETTERMAN (D), PENNSYLVANIA SENATE CANDIDATE: Yeah. Of course, I was appalled by that, and of course, the kind of vitriol that is out there in the political conversation at an America right now. It's astonishing. It's unconscionable.


BOLDUAN: And you can see Don's complete interview with John Fetterman. That's tomorrow morning. That's on CNN "THIS MORNING" with Don Lemon, Poppy Harlow and Kaitlan Collins. The new morning show debuting tomorrow at 6:00 a.m. Eastern.

Thank you so much for joining us, everyone. I'm Kate Bolduan.

"AC360" starts now.