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Erin Burnett Outfront

Police: 1 Dead In Super Bowl Rally Shooting, 21 Others Shot; U.S. Has New Intel On Russian Nuclear Capabilities In Space; Special Counsel To Supreme Court: Let Trump's January 6 Trial Begin; Biden Allies Point Fingers As President's Fitness Under Scrutiny. Aired 7-8p ET

Aired February 14, 2024 - 19:00   ET




Breaking news, one person dead, more than 20 shot and injured at a Kansas City Chiefs Super Bowl celebration. I'm going to speak to a father and his daughter who witnessed the shooting. The father tackling the alleged gunman.

Also breaking this hour, Russia's space nukes. The House Intelligence Committee chairman sounding the alarm on the, quote, serious national security threat. CNN now learning the U.S. has new information on Putin's nuclear capabilities.

And this hour, we are following more breaking news out of Washington. The special counsel, Jack Smith, pressing the Supreme Court to deny Trump's total claims of immunity, just hours before Trump's back in court for the New York hush money case.

Let's go OUTFRONT.

And good evening. I'm Erin Burnett.

OUTFRONT tonight. The breaking news, a deadly mass shooting at the Kansas City Chiefs Super Bowl rally.

According to police, 21 people were shot and injured. That includes children and at least one person has died. Gunfire erupting at the end of the Chiefs' victory parade where more than one million people had gathered. At least three people are now in custody and under investigation.

In a moment, I'm going to speak to the father and daughter. They witnessed the shooting and sent us this video of the father. His name is Paul. You're going to meet them in a moment, tackling what he says is one of the alleged gunman. So you'll hear exactly what they saw and did here.

And the video coming out of this event shows an absolutely chaotic scene, as I said, there were 1 million people there. And in this moment, you've got hundreds of people running for their lives. Nick Watt is OUTFRONT live in Los Angeles to begin our coverage tonight. And, Nick, police just wrapping up their press conference. What's the

latest about what happened, who did it, where they are?

NICK WATT, CNN NATIONAL CORRESPONDENT: Well, Erin, earlier today, the police have said that there were two people detained and they were described as suspects. They now say that there are three people in custody and they are, quote, under investigation.

The police are appealing for the public's help to try and figure out exactly what happened and how it happened, and if perhaps there were other people involved.

Erin, this is still clearly a very active investigation.


WATT (voice-over): This should have been a celebration in honor of the Chiefs back-to-back Super Bowl champion. Instead, yet another mass shooting in America, one dead and at least 21 injured by gunfire, just west of Union Station in Kansas City as the rally wrapped up.

Unclear how many were actually shot. There was panic. Fire department personnel giving life-sustaining treatment on the streets.

UNIDENTIFIED FEMALE: Everybody started running. There were screaming. We didn't know what was happening, but this day and age, when people run, you run.

WATT: Three people were detained, according to police. They're now under investigation.

UNIDENTIFIED MALE: We did see two police officers, at least someone away in handcuffs.

UNIDENTIFIED FEMALE: In a red jump -- like a red jumpsuit.


CHIEF STACEY GRAVES, KANSAS CITY POLICE: I'm angry at what happened today. The people who came to this celebration should expect a safe environment. We had over 800 law enforcement officers, Kansas City and other agencies at the location to keep everyone safe.

WATT: The people were not safe and hundreds of thousands were on the streets.

Kansas City schools had closed for the day.

ANDREW MCCABE, CNN SENIOR LAW ENFORCEMENT ANALYST: But an event like this is almost impossible to completely secure. It is a massive open space. Tickets are not required. There are no gates and admission areas. So combine that with the fact that Missouri is a state that does not control the carrying of firearms.

Essentially, anyone can carry a firearm. You have a huge crowd and likely a large significant portion of that population and carrying firearms. So any conflict or dispute can easily turn into a shooting.

Still unclear if the parade was actually targeted, the Chiefs say all their players and staff are safe, as are the governors of Missouri and Kansas who are both at the celebration.

Chiefs star quarterback Patrick Mahomes posted on X: Praying for Kansas City.

MAYOR QUINTON LUCAS (D), KANSAS CITY, MISSOURI: This is absolutely a tragedy. The likes of which we would have never expected in Kansas City and the likes of which we will remember for some time.



WATT (on camera): Now, the police chief, who you just saw in that report, she was actually out on the street. She heard the gunshots and she described watching her officers and others weapons drawn, running towards the danger.

The police are also looking into another piece of video which appears to show Chiefs fans in that parade chasing and apprehending one of the suspects. The chief says they're not sure if that is one of the suspects, but they're looking into that right now to see if there are also heroes amongst the fans -- Erin.

BURNETT: All right. Well, Nick, thank you very much.

And OUTFRONT now is Paul Contreras contraries and his daughter, Alyssa Marsh-Contreras. They witnessed the shooting and help tackle someone to the ground who was taken into custody.

And, Paul and Alyssa, thank you so much for being with us. What a terrifying day.

Paul, you were there and you shared video here of the moment that you help tackle this person. What can you tell us about what happened in that moment?

PAUL CONTRERAS, SUPER BOWL PARADE SHOOTING WITNESS: I just heard somebody yelling to stop this guy, tackle him and he was coming in a opposite direction so I just -- you don't think about it. It's just a reaction.

He got close to me. I got the right angle on him and I hit him from behind and, when I hit him from behind, I either jarred the gun out of his hand or out of his sleeve because as I'm taking him down to the ground, I see the gun on the ground. So I take them down and I'm putting all my body weight on him.

And then another Good Samaritan comes over and is helping me because I kind of got them high and the other guy gets him around his waist, and we're just putting our weight on him. And he's just fighting to get up, but were we're fighting to keep him down. And another Samaritan comes over and put his weight on us and we're

waiting for the cops to show up. They finally -- well, they get there and the second cop gets there, the third cop gets there, then they pretty much takeover and we -- I'm standing there for about a minute or two, you know, many of the cops didn't even have like one or two words.

Once they had them and got him cuffed. I sat there for two minutes with all my three daughters and then we just walked away. We headed to our car.

BURNETT: I mean, it's incredible. And you're there with your three daughters. I mean, obviously, Alyssa's with you now.

Paul, can I just ask when you say that the gun -- you don't know whether it fell out of his hand or maybe out of his sleeve, right? And when he went down and then the gun goes on the ground. Did you see him fire the gun?

CONTRERAS: No. No. I did not see him fire the gun. I just -- when I tackled him, I've seen what I've seen. Like I said, out of his hand or out of the sleeve, taken them down, I've seen the gun on the ground.

BURNETT: And, Alyssa, you're there with your dad and your sisters. I know you took this video after when your dad had tackled this man with the other Good Samaritans as he describes it. And then the police officers come as your dad just walk through. So now we see the multiple officers have this man pinned to the ground. What did you see during all of this and what would you -- were you even thinking watching your dad do this?

ALYSSA MARSH-CONTRERAS, SUPER BOWL PARADE SHOOTING WITNESS: I mean, it all happened so fast. I think the most alarming thing was when we saw cops chasing people, and then seen young teen or kid just completely coming at us, and then I noticed just everybody in the crowd just kind of scatters and runs. From this moment, I knew, okay, something wasn't right. And so, seeing my little sister along with older sister just completely run, and I don't want to leave my dad's side because we knew what could've happened or if they needed help so I was just there to make sure, you know, his hat, his phone, his wallet, did go missing in the process of him getting this offender down.

BURNETT: Paul, I know police at this point, don't really have any details. I mean, they say they've got individuals and I guess its unclear if one of the individuals that they are holding right now is the man that you tackle. We don't know yet, unless you know but we don't know a motive.

I mean, did you hear anything from this man as when you got him to the ground, didn't say anything? And what did he look like?

CONTRERAS: When I tackled him and I took him to the ground, he was wearing like a big, bulky like work jacket. So when I got it to the ground, he was face down and his hoodie was on. His hood was on. He was faced down and I was on top of them keeping them down a town.

Like I said, another Good Samaritan was holding him by the waist down what his body on him.


So I really did not get a good look. But as was holding him down, I didn't know if he tried to bite me or this tried to call out my hand so I took my hand and put it outside to hold them down with a jacket in between us, because he was -- you know, I'm holding them down. We're fighting each other. He wants to get out while I'm holding them down then another guy helps me and then -- you know, it just seem like a long time, but it's probably like 15, or 30 seconds.

BURNETT: I can only -- yeah.

CONTRERAS: Yeah, he was fighting the whole time, you know, fighting the whole time. And we were fighting him to keep them down. We didn't want to let them up and take down him because he had one gun, he may had another one in that big bulky jacket.

BURNETT: Right, right. You couldn't even tell now. Now it gives some context for what you're saying that it could have been in his sleeve, right? I mean, when you talk about this bulky jacket.


BURNETT: Alyssa, this happens and your father runs to tackle this man because you hear shots and this guy is running, right, with his bulky jacket. Can you describe what the shots sounded like?

MARSH-CONTRERAS: So from the moment, it all happened so fast, like I've said, but it wasn't long after the celebration was all done and everybody was kind of dispersed in and going back to their cars probably a minute or so later. And you just hear pop, pop, pop, pop and like I said, we're at a celebration and I think a lot of people thought were fireworks because nobody really ran or anything.

And I assumed that people, you know, notice it was gunshots or something that we all would have been out of there really quick but then as soon as we see, people gained case and then cops running and then not long after my dad tackling somebody who is assumed came to, okay, those weren't fireworks for the celebration, it was gunshots.

BURNETT: Well, thank you both so much for sharing this. I can only imagine just sort of how traumatic that was. Thank you for sharing and incredible to imagine, Paul, that you who are unarmed, I guess, right, that you would run and chase someone who had a gun and it's incredible.

CONTRERAS: I didn't know he had a gun until I tackled him, and that's when I seen it on the ground.


CONTRERAS: So -- I don't know. It was just a reaction.

BURNETT: Well, thank goodness for people like you. Thank you both so very much MARSH-CONTRERAS: Thank you.

CONTRERAS: Thank you.

BURNETT: Chris Swecker is with me now, the former assistant director of the FBI's criminal investigation division.

So, Chris, so, you know, you hear them talk about what happened and Paul running at somebody. Then when a gun comes out there trying to hold this guy down until the police please come and we don't know if this is one of the individuals who's now currently being held.

But you hear this description, 22 people wounded from the shooting that happened. And as I said, three detained. What do you think happened here, from the best you can tell?

CHRIS SWECKER, FORMER FBI ASSISTANT DIRECTOR: Yeah. Well, first I saw that video. It's extraordinary. This guy took him down and had had the presence of mind to do that. I think that advances the investigation when you have somebody in fresh pursuit and catches somebody with a gun coming from a shooting. There'll be able to match the ballistics and so this guy is a true hero. And those that helped him.

This -- let's first thing, this rule out terrorism. The FBI would be front and center if this was even suspected or any shred of evidence of a terrorist incident. So I think we can put that to the side. So, this appears to be a criminal act there are three suspects in custody.

This was a sort of a spontaneous event, if you will. It sounds like if they were planning something, it seems like and they were trying to inflict mass casualties. They would have done it on the parade itself for maximum impact.

So, you know, Kansas City downtown, amongst a million people, mingled in there are probably some pretty bad people, perhaps some gang members. And it sounds like this might have been a dispute. And every single shot that was fired because of the density of the crowd hit somebody and that's why we may have those casualties.

I don't have inside information.


SWECKER: But after 40 years, you get a little sense of things and that's what it seems like here.

BURNETT: Well, in terms of what happened, again, they were 1 million people at the parade and this was as it was ending, right? So as you point out. We understand there were more than 800 law enforcement officers present, but obviously from what Paul happen to Paul, right? You had citizen hero run in and apprehend one of these individuals, what's your take though on what we understand the ratio to be here, that there were 800 law enforcement officers present at this giant event.

SWECKER: Well, you place 800 against a million and a dynamic moving event like this that really they only had one or two days or three days to plan it.


BURNETT: To plan, right, yeah.

SWECKER: It's not like Super Bowl, the Olympics where you can spend months and years planning with all inner agencies coming together. This was an impromptu type event, which is the highest risk type event. It's open, it's wide open.

So I'm -- it's good that they had 800 officers out there, but that wasn't enough. I mean, I'm not saying that it wouldn't happen if there were, you know, a cop every five feet. I think the type of people that do this have no respect for law enforcement and it would happen anyway. It's just -- you know, it's a difficult event to plan for. And afterwards, I think a lot of information goes flying into different directions and it doesn't go into the one place if you had a pre- established command post, for example, an intelligence analyst sitting there waiting to grab the information. The fog of war and chaos does rein in this type of situation.

BURNETT: All right. Well, Chris, thank you very much. I appreciate it.

SWECKER: Thank you.

BURNETT: Still incredible thing about Paul running towards and taking down somebody, to think about what it would take in such a moment to make that choice.

OUTFRONT next, the breaking news, after the House Intelligence chairman's cryptic warning about a national security threat. CNN is now learning that the U.S. has new intelligence on Russia and Putin's efforts to launch nukes in space.

Also breaking, special counsel Jack Smith just responding to Trump's efforts to delay the federal election case. This coming just hours before Trump is back in the courtroom, this time for the criminal hush money case in New York.

And infighting inside the White House. There's new reporting this hour on the finger-pointing over how the administration handled Biden's response to the investigation into his handling of classified documents.



BURNETT: Breaking news, Russian nukes in space. Multiple sources are telling CNN tonight that the U.S. has new intelligence on Russia's efforts to deploy a nuclear anti-satellite flight system in space. So this actually comes after the House Intelligence Committee Chair Mike Turner today raised the alarm. He announced he's made information concerning a, quote, serious national security threat available to all members of Congress to review. Now, keep in mind if nukes were launched to the U.S. from space, they would be undetectable. And this news gives ominous context to the fact that one of Putin's mouth pieces floated this very idea on Russian state television nine months ago, as found by Russian media analyst Julia Davis.


VLADIMIR SOLOVIEV, RUSSIAN STATE TV HOST: I think it's time to turn up the heat. We understand that all drones and everything else worked for Americans only while Starlink exists. So if we carefully launch our nukes in space, there will be no Starlink left.



And, Jim, what more are you learning about this intelligence?

JIM SCIUTTO, CNN CHIEF NATIONAL SECURITY ANALYST: So this is what we know at this hour. It's new U.S. intelligence. It's about a new Russian military capability, specifically an anti-satellite capability with a nuclear component. So the idea to target U.S. or partners satellites in space, including surveillance satellites, nuclear, or early warning satellites with a nuclear component, which, of course, would expand the ability to destroy those capabilities in space, considered serious enough that the us shared it with its Five Eyes partners, its closest intel partners, including the U.K., Canada, et cetera.

I should note this as well, and I've spoken to three people who are ready in on this latest intelligence, including to lawmakers. And they told me, one, this is not a clear and present danger. This is something that Russia is experimenting with looking into designing. It is not currently deployed and not considered something that will soon be deployed. That's key.

Second of all, Erin, they've all said to me that this is highly sensitive intelligence, including the sourcing involved. So they were surprised that you have a member of Congress that was going so public with this, at this time. So that's very important.

As you said, it was Mike Turner who started it was something cryptic about a new threat to the U.S. And it was reporters who dug into figure out exactly what he was talking about. But then later in the day you saw even one of his Republican colleagues, the Speaker Mike Johnson, saying in his words, there is no cause for alarm right now.

So it's serious, serious enough that they're sharing with their partners, but not one that is considered a serious threat today.

BURNETT: All right. Well, Jim Sciutto, thank you very much. Of course. When other thing Jim points out there of the sourcing is very crucial, right? If this is something that could threaten a crucial intelligence source that's providing the us information that is hugely significant as well. The Democratic Congressman Seth Moulton joins me now, and I appreciate

your time, congressman. So what can you tell us about this threat? What you've learned about it?

REP. SETH MOULTON (D-MA): Well, look, I think the speaker is right. This is a serious issue, but it's something that we're working hard to address. And defense intelligence -- defense officials, some of whom I spoke with again today are working on how to address just to make sure we keep Americans safe.

It's important to understand that what the chairman of the House Intelligence Committee has done here, Mike Turner, is fundamentally leak information. He's an intelligence leaker because what he did is he decided to take highly sensitive compartmented intelligence. That means that so even if you have a very -- like a top-secret clearance or something, you only have access to the intelligence if you have a need to know.

And he shared it with every member of Congress, people like Marjorie Taylor Greene, who, of course, we all know cannot be trusted to keep the secret. And indeed it only took a few hours for the details of this weapon system to come out.

So he may think he has very principled reasons to do this, but he's put our national security at risk. He's put the sources of intelligence at risk. He's raised a lot of questions with our allies who of course count on us to keep the safe and he's really inhibited our ability to respond.

BURNETT: So do you believe that he should face penalties?

MOULTON: Oh, absolutely, right?


MOULTON: Look, I certainly don't trust him. I certainly don't trust him. I think the house Republican leadership has to really address whether he can continue sharing this committee.

Look, if you asked Edward Snowden, one of the most infamous American leakers, why, he leaked that intelligence that, of course, put our national security at risk, he would give you very principled reasons in his mind for doing so.


And I'm sure that Mike Turner believes he has very principled reasons for releasing this intelligence. But I tell you what? A lot of us really disagree. A lot of Republicans disagree, and certainly the Defense Department officials who are working to respond to this disagree as well.

And you know what, Erin? He did it because he was offended -- apparently he was offended that he wasn't told about this by the Biden administration. So in other words, he has partisan reason for doing this. But there's a problem with that. He and I both sit on the House Armed

Services Committee and I was briefed about this two years ago. I haven't had a problem keeping it a secret.

But if he just found out about this, apparently, he wasn't paying attention.

BURNETT: Right, because you're pointing out you knew you were all briefed two years ago.

MOULTON: Not that not all of us, but those was needed to know and certainly, Chairman Turner could have found out himself.

BURNETT: Right. Would have been on that list. And it's interesting you're talking about the reasons that you understand, but he may have done it. Obviously, as you know, there's discussion out there that maybe another reason he did it was to try to get his own party to support aiding Ukraine and realizing that Russia is a clear and present danger.

Obviously, that's complete speculation and you're giving an informed view, but it does -- it does raise the questions about where that bill is. Ukraine funding bill passed the Senate bipartisan vote. You had a 22 GOP senators supporting it.

But in the House, you got enough. Speaker mike Johnson says he has no intention of bringing it to the floor. Obviously, you want to get this done. You've been very clear about it from the very beginning, Congressman.

Do you see any possibility that Senate bill ever passes the House?

MOULTON: Well, Erin, let's be clear, there are actually a lot of Republicans, a lot of smart, reasonable Republicans who care about our national security, who recognize that supporting Ukraine today is an investment in our national security now, and for the future. And they want to support this as well. They want to vote on this bill.

It's just the speaker who, of course, is controlled by these extremists in the Republican conference, who refuses to bring it up for a vote. He's worried that just by bringing it up to a vote for allowing democracy to work for us to actually do our job and vote yes or no on legislation. He's worried he'll lose his job. That's the problem.

BURNETT: Congressman Moulton, I appreciate your time. Thank you so much

MOULTON: Good to see you, Erin.

BURNETT: All right. Me, too.

And next, the breaking news, the special counsel tonight urging the Supreme Court to reject Trump's efforts to delay his 2020 election trial. And that means, of course, a ruling from the court could be imminent. Plus, new details tonight about the blame game erupting among Biden

allies. The president's legal and communications teams under fire after that scathing DOJ report that question Biden's memory.



BURNETT: Breaking news, special counsel Jack Smith, pushing the Supreme Court to deny Donald Trump's immunity request. The filing coming just moments ago in response to an emergency request that Trump made Monday in court.

Kara Scannell is OUTFRONT now.

And, Kara, Smith actually had until February 20th, so the court had given him a week to respond to Trump's filing, maybe out of courtesy, knowing he would do so much more quickly. But he sure did so much more quickly.

I mean, basically immediately.

KARA SCANNELL, CNN CORRESPONDENT: Yeah, almost immediately, really indicating how quickly they want this to move and what Jack Smith's team is asking the court to do is to let the election subversion case move forward. They want them court to reject Trump's effort to try to overturn the lower court ruling that said he does not have immunity from prosecution in this case.

Smith's teams writing delay in the resolution of these charges threatens to frustrate the public interests in a speedy and fair trial. Then they also tell the give the court and options, saying if you do want to hear this case on the merits, considered this the petition to do that, and have oral arguments in this case next month because they obviously want to go to trial before November -- Erin.

BURNETT: So, Kara, I mean, now is just hours, Trump's going to be attending a major hearing in his hush money case in New York, where, of course, you are right now. You're going to be in the courtroom for that tomorrow.

What are you expecting?

SCANNELL: Yeah. I mean, this is a crucial hearing and it's with all comes as all of Trumps criminal cases had been colliding this week. So we are expecting the judge to make some key rulings in this case, including the trial date.


SCANNELL (voice-over): We'll soon know if the first criminal charges against Donald Trump, the hush money case involving Stormy Daniels will go to trial before the 2024 election. State felony charges filed last year in New York alleged she falsified business records to cover up a hush money payment to adult film actress Stormy Daniels trying to stop her from going public about an alleged affair just days before the 2016 presidential election.

ALVIN BRAGG, MANHATTAN DISTRICT ATTORNEY: Under New York state law, it is a felony to falsify business records with intent to defraud and intent to conceal another crime.

SCANNELL: Manhattan District Attorney Alvin Bragg says, Trump tried to interfere here in the election, alleging he would do anything to reach the White House.

Prosecutors allege the payment to Stormy Daniels was part of the catch-and-kill scheme Trump devised with longtime friend and then "National Enquirer" publisher David Pecker, and executed by Trump's former fixer, Michael Cohen, who pleaded guilty to campaign finance violations in 2018.

MICHAEL COHEN, FORMER TRUMP ATTORNEY: I pled guilty in federal court to felonies for the benefit of, at the direction of, and in coordination with individual number one. And for the record, individual number one is President Donald J. Trump.

SCANNELL: The case involves a $130,000 payment Cohen made to Stormy Daniels days before the 2016 election.

REPORTER: Mr. President, did you know about $130,000 payment to Stormy Daniels?

DONALD TRUMP, FORMER U.S. PRESIDENT: Prosecutors allege Cohen and Trump then plotted the cover up in the Oval Office. Cohen issued a series of false invoices to the Trump Organization saying it was for illegal retainer, and Trump sent monthly checks for $35,000 reimbursing his former lawyer, according to the indictment. The trial is scheduled to begin next month.

If convicted, Trump could face up to four years in a New York state prison.

KAREN FRIEDMAN AGNIFILO, CNN LEGAL ANALYST: This was his first attempt to steal a presidential election based in -- back in 2016, when he wanted to suppress information from coming out and hide it from the electorate and the voters. It's a lower level felony, but it's still a felony.


And he could get prison time if convicted, but it is not mandatory.

SCANNELL: The trial is a test for Alvin Bragg, a Democrat who's tenure as district attorney has been met with criticism, including his handling of this investigation.

BRAGG: I bring cases when they're ready, having now conducted a rigorous, thorough investigation, the case was ready to be brought, and it was brought.

(END VIDEOTAPE) SCANNELL: Now, Trump is expected to be in court tomorrow when the judge will make the decision of whether this March 25th trial date is fixed and Trump's pleaded not guilty to the 34 counts of falsifying business records and has denied any affair with Stormy Daniels -- Erin.

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

And now to our battleground series, looking at the effect of Trump's legal troubles.

OUTFRONT now, John King at the magic walls, plural walls.

All right, John, big moments in these legal cases are coming and there is so much to keep track of here. I mean, sometimes, you know, you'd have to give a long said so people understand exactly what case it is that you're talking about, but it's now all coming to a head.

JOHN KING, CNN CHIEF NATIONAL CORRESPONDENT: It is. And, Kara, I think used the right word, Erin, a collision, a collision not only have all these legal cases with each other, but with the presidential campaign calendar.

Five cases, take a look here. Federal classified documents case, that trial will be in Georgia, federal election interference case. That's based in D.C. The Georgia collection interference case, obviously Fulton County, Atlanta. To New York trials, Kara just mentioned the criminal trial, the hush money case involving Stormy Daniels, and then that business fraud trial, which is moving along as well.

The president already found guilty of fraud. The question is, how much will the judge says he have to pay?

So, you see all of those happening, Erin, and they coincide right now, you have a presidential campaign calendar, right? The president won New Hampshire, he won, Iowa. He won Nevada. Well, guess what? As he's trying to become the Republican nominee, and he's on a pretty good path to it right now, look at all of this going bang.

The president tonight, former president, a rally in South Carolina is Kara noted, the New York hush money hearing tomorrow probably get a trial date. There's also a Georgia hearing. Other defendants, not the former president were trying to allege there's a conflict of interests between the D.A. and her lead prosecutor. They say there's a personal relationship they want that case either thrown out, or delayed in some way, that hearing tomorrow.

A civil fraud ruling could come. How much does the president have to pay? The Trump organization have to pay that could come Friday Jack Smith's deadline was Monday. He filed tonight. He's trying to move the Supreme Court along as quickly as possible on the question, does Donald Trump, because he was president at the time, have some blanket immunity? The special counsel moving that forward.

And as we wait for all these legal developments ten days from now, nine days from now, the South Carolina presidential primary, Erin. It's all coming boom.

BURNETT: All coming to ahead. All right so hearings essentially every day you got a day or two. Wow. Yeah, maybe one or two days here and there where you don't and Trump's going in a lot of these courtrooms, right? So he's going to be we anticipate in a courtroom tomorrow he's doing that by choice, but still going there and then going to rallies.

So will there be answers anytime soon?

KING: Maybe some answers about dates, maybe some answers about procedures. Will this go away anytime soon? In a word, no. And let's walk through some of that as you go through it. This is going to be with us for weeks and weeks and then likely months and months. And so let's just look up some dates to watch.

Forgive me for turning my back. Just in March, we do expect unless something big happens tomorrow, that that New York felony, criminal hush money trial will take place in march. Guess what? There are 30 count 30, Republican nominating contest playing out in that same month.

So, will the president be in the courtroom? Will be going to Michigan and California and somewhere else or back-and-forth, there you have it. The classified documents case in Florida is supposed to start in May, that trial. We'll see if that sticks. There's efforts to delay by the Trump team.

But if it started in May, they think that'll be about a two-month trial. Erin, two months may. That would be May and June. Guess what's in the middle of July? That's the Republican national convention.

If you think that's it -- oh, that's a lot, but that's it, no, there's even more if you come up again, stretch this out for you. We are still waiting for when will the Georgia trial be? When will the U.S. January 6 case be, and we're waiting, of course, for the Supreme Court big ruling on presidential immunity. Again, the special counsel wants that as soon as possible.

And the question some states have raised Colorado, particularly, should can you rule the president ineligible to be on the ballot because of January 6? So you have all these trials and you have some big questions for the Supreme Court. Again, all this, the campaign plays out yeah.

BURNETT: And those to be determined are perhaps the most important, but yet, John Trump has turned this so far into a political advantage, right? It's not hurt him. In fact, when you get news of another indictment, it has helped him. So you've got 91 counts and it, helped him 91 times, essentially.

I mean, when you look at how voters see this. Is there a way to actually ascertain how people really feel about how, how they'll vote if he is found guilty of anything so lets take that in two slices. One the here and now and one a little bit looking forward.

In the here and now, in the here and now -- look, everyone knows, all the voters know as they go to the polls in Iowa and New Hampshire, in Nevada, in South Carolina, 10 days, the president faces 91 charges at all when you lumped these cases together?


And yet look at the Trump red. He won Iowa convincingly. He won New Hampshire convincingly. He won Nevada caucuses convincingly. Why?

Listen to these Trump voters in Iowa, in New Hampshire, in Nevada, in Virginia, in Iowa, saying Donald Trumps being set up.


CHRIS MUDD, IOWA REPUBLICAN VOTER: No, I don't -- I don't worry. I don't worry about those indictments. I don't think they're -- I don't think they're fair. I think Trump has been pushed into a corner. I think he's got -- he's got lots of targets on him and, I think he's doing a great job of deflecting every one of them.

DEBBIE KATSANOS, NEW HAMPSHIRE REPUBLICAN VOTER: Person who is accused of something always has to prove their innocence when the job should be on the state or the federal government. Prove I'm guilty, that's where it should be, you know? In public opinion, he's been tried, convicted, and executed, you know?

BILLY PIERCE, SOUTH CAROLINA REPUBLICAN VOTER: It's like a witch-hunt from time the man got in there, and, you know, if you went in or pardon himself and then resigned and went home, it won't bother me a bit. Yeah, I won't lose any sleep over it.

RACHEL KULAK, VIRGINIA REPUBLICAN VOTER: I think if we look at every single president or potentially politician, if you dig, you might find some things. Personally, I think the way they're going after him versus some of the other players doesn't seem to -- it's just doesn't seem to be imbalanced, but that's my personal opinion.


KING: So, you hear it there, Erin, Trump has persuaded his base, his voters, this is nothing. They're after me. They're out to get me and when they get me, they'll come for you.

But if you look into the polling, there are some deep warning signs for the former president. Look at this poll, this is our national poll. Only 11 percent of Republicans believe he acted illegally, but 80 percent of Democrats do, 45 percent of independents do.

Acted unethically, 40 percent of his own party, Republicans saying he was unethical. Democrats, they think it was illegal, so they don't call it unethical, a lot of independents think it was unethical. Half of Republicans say did nothing wrong, but almost no Democrats or independents tiny number.

So this is what the Biden campaign will use as the character issue come general election saying you cannot vote for this man. You think he acted illegally, you think he acted unethically. And so, Erin, one last point to bring up a number. These are the --

these are among Republican voters when you look at these numbers, this is the entrance polls going into the Iowa caucuses. The exit polls in New Hampshire primary, people who voted in Republican contests, right?

Thirty-one percent in Iowa said he's unfit, 42 percent of New Hampshire said he's unfit. Expect that number to go down. This is the day they voted for somebody else.

That's what the Biden campaign will try to take care of. You might think, I'm too old, you might disagree with my politics. You do not want this man back in the White House.

BURNETT: We will say, and of course, until these rulings really come in, you never know how people feel, right? They're only telling you what they think they will feel, and we just don't know.

All right, John, thank you.

And, next, we have breaking news. CNN is learning a blame game is now engulfed. Biden's administration after the special counsel's report that describe the president as an elderly man with a poor memory.

Plus, a woman makes a chilling discovery.


UNIDENTIFIED FEMALE: I'll just put it other -- I mean, I was intimate with my half-brother.


BURNETT: CNN's investigation shows how they shared a biological father. A fertility doctor who allegedly impregnated multiple women with his sperm.



BURNETT: Tonight, blame game. CNN learning, allies of President Biden are pointing fingers at the White House over how it handled the investigation into the president's handling of classified documents. The White House still reeling after the special counsel's report described the president as a, quote, well-meaning elderly man with a poor memory.

Jamie Gangel is OUTFRONT.

And, Jamie, what more are you learning?

JAMIE GANGEL, CNN SPECIAL CORRESPONDENT: So what we're seeing here is the political fallout, Erin, is continuing, as you said, the blame game. And the fingers are getting pointed at both his legal and his communications teams for what were being told were missteps that everyone thinks made the political situation worse, that even though as you said, the special counsel declined to bring any charges, that the White House response was completely bungled politically, and it won't surprise you, Erin, that a source close to the bottom Biden team pushed back on the criticism saying, quote, after a hostile prosecutor investigated the president for 15 months trying to find something to charge the Biden legal team strategy ended with zero indictments, and total exoneration.

That is, an unequivocal a win, end quote. Nevertheless, Erin, the knives are out.

BURNETT: It's so amazing though what you say, Jamie, is that you know, getting zero indictments should be a win, right? It should have been when it should've been a good day for the White House. And there were no charges filed, but then we were all sitting here, right, 7:30 Eastern, 15 minutes, the president's going to be coming out and speaking to reporters.

No warning. And he comes out and he's angry, extremely angry, and there's been intense scrutiny us ever since. What are some of the specific things you and your team have uncovered about that?

GANGEL: So no question. The decision to have that press conference in that way with reporters standing there, was considered by is considered by a lot of people to have been a disaster.

On the legal side, look, the Biden team felt and we reported on this that from day one, their mission was to cooperate, cooperate with the National Archives, the FBI, and then the special counsel. Of course, in stark contrast to how former President Donald Trump handled his response to the classified documents case.

But these are Biden allies who say the legal team may have over- cooperated by allowing the interview to be recorded, allowing it to take place, right when President Biden was also dealing with the aftermath of the October attack in Israel. Hindsight is 2020 but this isn't over Erin. There are concerns that report those recordings.


They're going to be released. There are real concerns about how it will read and sound.

BURNETT: Yeah, absolutely. And as you point out, I my understanding is right, those interviews were depositions where the eighth and ninth of October. So literally in the hours so he would not have slept and one can imagine, and he would have been completely distracted perhaps it was a mistake to do them on those days. We will see when we see read and hear.

All right. Jamie, thank you so much.

And next, one woman's horror story.


UNIDENTIFIED FEMALE: I've slept with my half sibling and I've gone to high school with three others.


BURNETT: They all shared a biological father, but they didn't know it.


BURNETT: Tonight, a shocking and horrible discovery. A woman discovers she dated her half-brother, shocking revelation coming after. That man is the fertility doctor who donated sperm to their mothers in the 1980s and is now accused of using his sperm instead of anonymous donors without the consent of multiple patients over at least a decade.

Kyung Lah is OUTFRONT with this investigation?



VICTORIA HILL, DISCOVERED FERTILITY DOCTOR WAS HER BIIOLOGICAL FATHER: I mean, I'll just put it out there. I mean, I was intimate with my half-brother.


V. HILL: We didn't know, yeah.

LAH (voice-over): They couldn't have known.

In the early 2000s, they were two teenagers growing up in Wallingford, Connecticut, a suburb like any other where Victoria Hill met her high school boyfriend.

V. HILL: This I think was junior here.

LAH: Obviously, you're dating here.

V. HILL: Yeah.

LAH: What Victoria didn't know then --

MARALEE HILL, MOTHER: My husband and I tried for awhile and it wasn't working.

LAH: What was the infertility world, like back then?

M. HILL: Back then, everything was quiet, that's kept -- not really secret, secret, but it wasn't advertised

LAH: Her mother Maralee Hill turned to a New Haven, Connecticut fertility specialist, Dr. Burton Caldwell. She says Dr. Caldwell told her he would inseminate her using an anonymous medical student's sperm. Hill got pregnant.

V. HILL: There's babe me. M. HILL: I kind of erased it in my mind that they weren't my husband's biological children.

LAH: Until recently when Victoria took a commercially available DNA tests curious about her health history. To her shock, she found half- siblings, she never knew existed. One of them reached out, revealing their biological father is Dr. Caldwell.

V. HILL: When I opened it up, it basically just kind of put out there what you're seeing, some half siblings because we believe that the doctor did your mother's fertility treatment might be are biological father. And I just -- I just remember sitting there just being like just like -- just like, what is happening?

LAH: Victoria's high school boyfriend who asked his identity be concealed was also donor conceived. His parents also use Dr. Caldwell. The boyfriend took a deal in a test.

V. HILL: He texted me and it was a screenshot of the 23 and Me connection. And it said you are my sister. What? We're siblings? So --

LAH: She continued to find more brothers and sisters all discovered through dna, all connected to Dr. Caldwell?

V. HILL: Yeah. I've slept with my half sibling. There were four of us that we know of in the same high school. And other half sibling, we went to the same elementary school and that's just in the 23 that I know.

My children have 41 first cousins that we know of. Most which are local. So how many could there be?

LAH: Victoria's story is a worst-case scenario in the fertility field. The FDA regulates sperm and egg donations, but doesn't limit the number of donations nor the amount out of offspring vastly behind some Western countries with tighter controls. And when it comes to doctors using their own sperm without patient consent, there's currently no federal law and only 13 states with existing fertility fraud laws.

V. HILL: I consider you guys sisters or I'll say like half sisters.

ALYSSA DENNISTON, DISCOVERED FERTILITY DOCTOR WAS HER BIOLOGICAL FATHER: A lot, more people than we know, struggle to conceive. And that's why all of our moms did what they did because they wanted -- they wanted babies. They would do anything.

LAH: Victoria and two of her half-sister say they are Caldwell's biological children, all born within four years in the 1980s, it's only through commercial genetic tests that they can track their growing numbers.

V. HILL: None of us knew and every single time it comes up, we end up having to relive what that experience was like.

LAH: So, Janine, you went and saw Dr. Caldwell?


LAH: You snapped a picture. Why did you take a picture?

PIERSON: I wanted proof, but I still when I see that picture it's this sick feeling. I felt strongly that I had to meet him to make him and the whole situation real and tried to make it make sense.

LAH: Janine Pierson filed a civil lawsuit against Caldwell last year. It's all she can do for some sense of justice.

V. HILL: We don't want this to happen to anybody else.


LAH: Dr. Caldwell stopped practicing sometime in the early 2000s, but he still lives here in Connecticut. So we decided to stop and see if we could chat with him.

Okay. So, I saw Dr. Caldwell. He appears to be frail, quite elderly. I chatted briefly with his wife, who did not want to talk.

MATT BLUMENTHAL, ATTORNEY: The law is frankly way behind technology in this area.

LAH: Attorney Matt Blumenthal represents Victoria Hill, her high school boyfriend and Hill's mother. There are dozens of reported cases like this. Other fertility doctors accused of impregnating their patients, hundreds of offspring who only recently discovered the truth because of DNA testing.

BLUMENTHAL: That's been kept from them for so long. They can't do anything about it because the legal system may not provide them a remedy.

V. HILL: It's insane to me that there's just no justice, there's no recourse. The reason why I'm telling the story. I mean, for me coping, I need to make meaning of this somehow.

I am happy to be alive, but I don't want to be the product of a fraud.


LAH (on camera): And Victoria is trying to change things for other people. She is here in Washington and tomorrow joined by activists, they will be on Capitol Hill talking to lawmakers, trying to make fertility fraud illegal in a federal bill.

Erin, this law has been written as proposed legislation that is sitting in the House. And they hope to have some success tomorrow. We will follow them on their journey here.

We did reach out to Caldwell's attorney, Erin. He did not have any comment -- Erin.

BURNETT: All right. Kyung, thank you very much. And very much want to see what happens to them tomorrow. Thank you so much for being with us.

"AC360" starts now.