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Erin Burnett Outfront

Any Moment: Trump DOJ Expected To File Response To CNN Lawsuit; Trump Says He Faces "Big Decision": Make A Deal Or "Annihilate" Iran; Visual Investigation Reveals New Details About ICE Shooting In Austin; Subpoena Don Jr.? Aired 7-8p ET

Aired September 22, 2026 - 19:00   ET

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

[19:00:24]

ERIN BURNETT, CNN HOST: OUTFRONT next:

Breaking news, Trump's Justice Department about to respond to CNN's lawsuit for banning the network, a ban that Trump thinks now includes the U.N. too, as the White House goes -- well, it looks like state TV.

Plus, new video in the ICE shooting of a DoorDash delivery driver in Austin. A CNN investigation of the photos and videos gives key new details tonight.

And two more Republicans demanding an investigation into Donald Trump Jr.'s business dealings and ties to a Russian oligarch who paid for part of Don Jr.'s wedding. Calls tonight to subpoena Don Jr. himself.

Let's go OUTFRONT.

(MUSIC)

BURNETT: And good evening. I'm Erin Burnett.

And OUTFRONT tonight, we begin with the breaking news. Trump's Justice Department at any moment expected to file its response to the lawsuit by CNN, "Politico", and MS NOW after the president banned the three news organizations from the White House, a ban that Trump apparently thinks should also include the United Nations.

(BEGIN VIDEO CLIP)

DONALD TRUMP, PRESIDENT OF THE UNITED STATES: It's an honor to be here. I'm surprised that CNN is here covering me.

KAITLAN COLLINS, CNN CHIEF WHITE HOUSE CORRESPONDENT: The United Nations allowed us in, sir.

TRUMP: You should not be here covering me. You said you weren't going to cover me. You shouldn't be covering me.

(END VIDEO CLIP)

BURNETT: CNN's coverage of Trump, of course, is going to continue regardless of any restrictions that he imposes, restrictions that are impacting Trump because he's on the world stage and yet there is no media pool covering his every move.

"The New York Times" now announcing it's still not publishing or distributing images captured by the White House pool, which is a blow to Trump because he covets the coverage, whether it's on TV or on the front page of newspapers and magazines. I mean, gosh, going back 20 years, those would be all over his office. And now he's been cut off, which may be why he decided to launch his own station, and it is called Trump TV.

And you're not being punked. This is real. It's called Trump TV. It's 24 hours of Trump, reairing what the White House calls major remarks and must-see highlights. So, after 24 hours. Well, about 1,000 people are watching at the last check. Drudge posted the headline, White House humiliated as Trump TV flops in ratings disaster.

And maybe there's a reason for that, the actual content. Trump TV has so far aired Trump's inauguration, his new helipad dedication, which, by the way, because there was no pool and no audio, right? His speech to the UN.

It's a weird sort of form of state TV. I mean, right now, with everything going on, people want to rewatch his inauguration? It's kind of reminiscent of what you would find in North Korea. That's called KCTV, and it's dedicated every airing to pretty much every public appearance by their leader, whether it's an amusement park or military facility, and they repeatedly air Kim Jong-un's remarks again and again. It sounds familiar.

And Trump's former press secretary is now speaking out in a new interview. She cannot believe news outlets aren't airing every speech by Trump.

(BEGIN VIDEO CLIP)

KAROLINE LEAVITT, FORMER WHITE HOUSE PRESS SECRETARY: I've gotten on the phone with the leadership of all those stations and said, why are you not taking the president's remarks live? Like, just let your audience decide how they feel about this. For the president of the United States to address the nation and for networks to make the editorial decision themselves that they will not cover it for their audience, that's scary stuff.

(END VIDEO CLIP)

BURNETT: Well, of course, the administration doesn't get to decide what news organizations air. That's not the way it's ever worked. And it's not a given that a Trump speech gets coverage. That, again, that sort of a situation would be state television. And when it comes to Trump, his justification for the ban is that, quote, "Fake news is a threat to our national security."

And then he goes on to say, when they make statements about the war, when they make false statements, false malicious, and they don't have sources, but they say they do, it's very dangerous for our country and I won't stand for it." Of course, he's talking about the Iran war there.

So, when it comes to that, right, we're about seven months into a war where we have reported facts all the way along because the facts on this war are important for the American public and American lawmakers to know. When it decides, right, this country decides, does this country back this war? Does this country want to be at war? They need information.

And the administration has repeatedly, repeatedly tried to hide this information. Just, for example, they've underreported how many American assets have been hit or destroyed by Iran. At one point, they undercounted the number of Americans killed while serving in Trump's Iran war. To not even be honest about the number of people killed in the war.

It was back in July that the Pentagon removed the last four Americans killed during Trump's war from the Operation Epic Fury tally, listing them in a new category called Overseas Operations, which could be anything, anywhere. And Americans do deserve to know the truth about the war.

And reporting that is not a threat to America's national security. It's required to preserve it.

Betsy Klein is OUTFRONT at the United Nations.

And, Betsy, despite the president's ban on CNN, the network was invited to cover the First Lady today, which was sort of an odd thing. It appears Melania Trump was breaking with President Trump on the ban.

BETSY KLEIN, CNN SENIOR WHITE HOUSE REPORTER: Yeah, Erin. I think it's fair to read this as a symbolic break between the first couple on this issue of press freedom. We saw as President Trump over the weekend implemented this ban on CNN, MS NOW, and "Politico" over what he deems to be unfair coverage.

But Melania Trump here is taking a different approach. The office of the First Lady approving credentials for both CNN and "Politico" for an event that she held today on the sidelines of the United Nations General Assembly. This was part of her Fostering the Future Together coalition with global leaders' spouses, and she also drew some contrast with the president on this issue of A.I. She advocated for safety and responsibility for article for artificial intelligence for children, in contrast with her husband, who has aggressively advocated for development of that technology.

Now she struck a very cautious tone there. Her -- CNN's credential was approved on Sunday, one day after the White House implemented that ban, and it comes as those three outlets have filed that First Amendment lawsuit against the Trump administration. We're going to see a hearing in that case on Wednesday.

But the first lady is meticulously involved in details around all of her public appearances, including the substance of her remarks. The sartorial decisions she makes that send a diplomatic message as well as editing minutiae in press releases. So that -- she is aware of the ban. According to a source familiar with the matter and her office made an intentional decision they had the discretion decide who would be granted credentials to this event.

But this decision to approve those credentials really underscores how Melania Trump operates. She is independent of her husband. She does things her way, Erin.

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

OUTFRONT now, Republican Congressman Don Bacon.

And Congressman, I appreciate your time tonight.

So, as you think through all of this happening, why do you think Trump is trying to ban the press?

REP. DON BACON (R-NE): A couple of things come to mind. I think it is a distraction that he likes because there's other things he would prefer not talking about right now, particularly right before the midterms, diesel prices being one.

And he's always confronted the media. By the way, he's not the only president to do so. I think he's maybe a little more aggressive than normal. But from my vantage point, he's doing it and the Supreme Court has ruled on this in the past or the courts have, so I think it's going to -- you know, not make it to first base.

And secondly -- and I say this is an old school Republican, I find it so unnecessary. We want a free media. It's competitive media. You guys compete with each other and the truth comes out even if one media source is not, you know, on target, the other ones will cover it and it's good for democracy.

And I find that picking a fight with the media is beneath what the White House should be doing and we're better than that. And all these petty fights. It's the media. It's Canada. It's Greenland. It's Canada or Denmark, it's President macron and his wife. It's just so unnecessary.

I think most of us prefer the president focusing on what we need. We want it -- we got to be victorious in Iran and get past this And we need to also stand up better to Russia and President Xi. I think that's what most Americans want, not petty fights.

BURNETT: You know, Trump has started his own TV channel for now, which appears to be, at this point, a bit reminiscent of what you'd see in North Korea. He's airing his inauguration, his new helipad dedication, which, by the way, because he didn't have pool nobody could hear, his speech to the UN.

And, you know, dedicated to airing, you know, just about, it's sort of like, you know, like I said, Kim Jong-un, you know, they air an amusement park visit, visit to a military facility, right? That's sort of the look and feel of it.

Will you ever watch that? BACON: Well, I haven't, and I don't plan on doing so.

I thought it was good that other media also stuck up for CNN, Politico, and just -- so we're going to be as a team on this. And it's important. We have a First Amendment that we should protect.

I know there's a debate whether this is violation of the First Amendment or not.

[19:10:00]

But when you restrict some media over other media in the White House, the courts have ruled in the past. that that's not right. I think they will do so here as well.

But in the end, I think this will backfire on the president and even most Republicans. I mean, I've talked to a lot of Republicans in my district, and I was just back from a trip with many other Republicans, some elected, and most of us find it so unnecessary.

And we just wish the president would prioritize their top issues. We need to win in Iran and get past this. Russia's invasion of Ukraine, we should stand firmer. And he's not doing that.

BURNETT: So, you know, but when you talk about how other Republicans that you talk to see this, you know, I'm just curious, Congressman Byron Donalds, your colleague, he's actually scrubbed numerous prominent references to Trump from his updated campaign website. Now, he's obviously running for governor of Florida.

He's not the only one in what seemed to be deep red territory who is making these kinds of changes, right, getting rid of references to the president and his campaign materials. Is this what you're hearing Republican -- other Republicans say that that to win now?

(CROSSTALK)

BURNETT: Yeah?

BACON: We're seeing it in purple districts particularly. Florida has been pretty heavy Republican but it wasn't too long ago that it was a swing state. What you see is about if you won by eight points two years ago, you're in a pretty hard fight right now. I think Republicans have some advantages They have a financial advantage right now.

If you look at inside elections, they said Republicans are favored at 211 seats right now. Democrats 207. That leaves about 17 swing seats. In other words, it seems pretty tight. But on the other side of that, a very compelling number is the president's polling numbers, which I think the RCP has them about 39 percent. And if you look at the generic polling, it's not good.

And so, you can pick and choose what you want if you're trying to prognosticate. I think if you're, when it comes out for me in a swing district, you have to make the case that I supported the president where I thought it was right, and I opposed the president where I thought he was wrong, and that I worked for the district, and I worked for the constituents of Nebraska too, and that I'm not a rubber stamp.

And I think if a Republican can say that and back it up, they will be in stronger standing.

BURNETT: Congressman Bacon, I appreciate your time, and thank you so much for being with me tonight.

BACON: Thank you.

BURNETT: All right. So OUTFRONT now, Ryan Goodman, our legal analyst. And Brian Karem, White House columnist who had his press pass suspended during Trump's first term after a heated exchange with pro- Trump radio host Sebastian Gorka.

A judge ultimately ordered the Trump administration to reinstate your past, ruling that the suspension inflicted, quote, "irreparable harm" on his First Amendment rights, which Ryan may be where we are right now. Trump has pointed, and I mentioned this at the top of the show, to national security as the reason for the ban. And this is obviously an argument that he's been making to justify various things. The ballroom, you know, went from a ballroom to national security, the arch went from national security to a drone storage and sniper facility.

So, he uses national security when he wants to use national security. Do you think the DOJ will actually try to make that argument in court?

RYAN GOODMAN, FORMER SPECIAL COUNSEL AT DEPARTMENT OF DEFENSE: They might. It's in some ways the best way they can make some kind of an argument because they've done it very many. But they're going to run up against many a problem with it.

First, it's a shifting rationale. It's not the rationale that he gave on Friday. It's the rationale he gave on Monday morning. That's a problem for them because the whole analysis is whether or not these standards are clear or vague. It would be vague if it's shifting.

He also only gives that statement after the complaint had been made public. He gave it on Monday morning after the MS NOW had already released the complaints. So, that -- the courts look at that very unfavorably because it's a statement that's made to influence the litigation potentially.

And then the last one is that the Chief Justice of the US Supreme Court recently said when it came to the president's own motives that the federal courts should not exhibit a naivete from which the ordinary citizens are free. Ordinary citizens know this is a pretext. It was a similar argument for the removal of a member of the Federal Reserve Board. It was all everybody knew it was a pretext.

And the Supreme Court has already said that now in 2026, they said in 2019 with another. case with the first Trump administration, but he's basically saying the courts will scrutinize this kind of rationale and see it for what it is. BURNETT: So, Brian, your case is cited all throughout the lawsuit. So, you know, you're everywhere here.

BRIAN KAREM, WHITE HOUSE PRESS SUSPENDED IN 2019: Been here, done that, got the T-shirt.

BURNETT: So the White House, in your case, I guess, they gave you notice and a chance to appeal before the suspension took effect. Are you --

KAREM: No.

BURNETT: No, they did?

KAREM: Actually what they did -- I was -- I was at the White House that day no one said anything to me and when I left, I got notice I had been suspended. And that was part of the argument against them, the fact that they did not follow due process, which is I think going to be germane to this particular case as well --

[19:15:02]

BURNETT: Yeah.

KAREM: -- because he simply decided to wave a magic wand and get rid of this time and I think this is where he's made his biggest mistake. In the first administration, he went after individual reporters. First, Jim Acosta and then myself I had to fight him three times in court. Now he's going after entire organizations.

And for once, the pool is standing up for each other, so it's good to see. I think maybe he's taken it a step too far.

BURNETT: So, Ryan, let me just play Secretary of State Marco Rubio weighing in on this.

KAREM: Uh-oh.

BURNETT: He defended it. Okay? Here he is.

(BEGIN VIDEO CLIP)

MARCO RUBIO, SECRETARY OF STATE: We're not closing CNN. There aren't a bunch of police officers or soldiers kicking down the doors of MSNBC or MS NOW, whatever it's called, and arresting people and unplugging it from the grid. They're just not allowed to work from the workspace at the White House.

(END VIDEO CLIP)

BURNETT: So does that argument hold up, and is that perhaps part of the reason that Melania Trump allowed the pool? Or not the pool, but credentialed CNN and "Politico"?

GOODMAN: It might be why, but it won't hold up. It's in fact runs directly against what the D.C. Court of Appeals has said before. The D.C. Court of Appeals has said once you set up press facilities in

the White House, is that explicit and that on point, you cannot then deny those facilities to individual members of the press based on the content of their coverage. It's just a straight First Amendment violation.

And then what Brian said as well.

BURNETT: Yeah.

GOODMAN: There's also a Fifth Amendment due process. You can't just restrict it without giving the people notice and without saying what the reason is and then without giving them an opportunity to respond.

So, it's just going to fail miserably. And the D.C. Court of Appeals has said this before, and the very same judge has said it before.

BURNETT: The same judge.

So, Brian, okay, enter into all this. Trump wants to be on TV. So he's launched his own channel, Trump TV. It's on the White House website. They had 5,000 viewers last night, 1,000 earlier tonight when we had checked.

You know, it has his inauguration, his helipad launch, all of these things. What do you think about this?

KAREM: I think it'll be as successful as one of his casinos. I honestly think that Donald Trump has -- he tried something like this in the first administration. This is his go-to. You know, I'll take my ball and run away and go home with it and I'll do it myself, but it's not going to be effective. Five thousand people, what, he got enough people to fill a county stadium at a high school football game?

The Donald Trump that -- he has failed miserably from the first administration to the second administration, and now we see this move. It's what he did in this particular case was to -- you know, and people want to speculate as to why he did it. I'll tell you why he did it, because he got sore. He just doesn't like anyone who doesn't agree with him.

And he's lost all rational ability to think. So, Trump TV -- no, it's not going to be successful. It'll fail miserably.

BURNETT: But yet, Ryan, what's fascinating is there were people around him who were happy to launch it and fill it and do his bidding on it.

GOODMAN: Yeah, and also people happy, I guess, to walk into court tomorrow afternoon and try to defend something that they must know is not legally defensible.

BURNETT: Right, right. There will be people who will walk in and do that.

All right, thank you both very much. I appreciate you. And next, Trump giving Iran another ultimatum, make a deal or be

annihilated, sent to hell. How is Trump's latest threat? It's really hard to up the ante, right? Because he's threatened these outrageous things so many times before. But what is it actually meaning in Iran and to the world right now?

Plus, breaking news, new video just in of that ICE shooting in Austin. We are reviewing and have gone through the images, the videos, new angles, new pictures to break down exactly what happened with second by second.

And a hurricane that is history-making, exploding in strength, like nothing seen before in recorded history, one of the most powerful storms ever recorded. And it's not far tonight from an extremely popular American resort destination.

(COMMERCIAL BREAK)

[19:23:28]

BURNETT: Breaking news, President Trump with another threat against Iran, another outrageous one, his latest attempt to pressure the country. Here he is.

(BEGIN VIDEO CLIP)

TRUMP: But I have a big decision to make. Will a deal be made with Iran, or do I annihilate the Islamic Republic?

(END VIDEO CLIP)

BURNETT: Annihilate, right?

Again, Trump's war is growing even more unpopular in the United States. A new poll shows only 26 percent of Americans approve of it, according to CNN, a number of that has dropped as the war has dragged on significantly.

And now some Republicans are facing tough election fights in November, and they are running away from Trump's war because of the fact that it is associated with, it is driving directly gas prices, diesel prices, energy prices, and soon home heating oil prices.

Senator Jon Husted, up for reelection in Ohio, told "Politico" tonight, quote, "The war needs to come to an end as quickly as possible so that we can lower gas prices."

Ashley Hinson, running for Senate in Iowa, said Iowans, quote, shouldn't have to foot the bill at the pump or the checkout line for the war in Iran.

And Mike Rogers, running for Senate in Michigan for the first time, has called for the end to the war, a war that he has staunchly defended until now.

(BEGIN VIDEO CLIP) MIKE ROGERS (R), MICHIGAN SENATE CANDIDATE: Michigan families are struggling with the price of everyday life. Groceries cost too much. We have to bring prices down.

The war with Iran needs to end and end quickly.

(END VIDEO CLIP)

BURNETT: It's interesting, every one of those cases, they're just unambiguous about the facts, right?

[19:25:01]

Which is when you look at any chart and you look at where you saw the surge in prices for gas, diesel, and all the energy prices. Of course, it started on February 28th.

Evelyn Farkas and Jim Sciuto are OUTFRONT with me now.

Jim, you're at the U.N. You have been talking to sources and diplomats there throughout the day. We just heard Trump yet again say, do I annihilate the Islamic Republic? Do I drive them into hell with no chance of survival, okay?

I mean, just take a moment and say that I think we all remember Easter Sunday when the world was aghast, and that included everyone around Trump by his threat to do just this. Now it's just words, but what's the reaction that you're hearing?

JIM SCIUTTO, CNN CHIEF NATIONAL SECURITY ANALYST: You know, Erin, as shocking as the language is, drive them to hell, annihilate them, like send them into the stone ages, right, that we heard a number of months ago from the same president. There's a boy who cried wolf aspect to it, and that's what I've heard from diplomats here in New York listening to that same speech, because the president has made this threat before.

And what they see, despite the threat, is a president who himself has been running out of patience with this war, out of patience with the fact that his threats of attacks have not brought the Iranians to the negotiating table, but also his awareness of those rising gas prices and diesel prices and Republicans who are running away from him right now. They see that.

So, the question is, is he really willing to follow through on that threat? And lots of questions about it. So, in almost the same breath, the president said just a few minutes after that speech that, well, in fact, my officials -- my advisors are speaking to the Iranians, and those talks went quite well.

So, no one begrudges him the openness to negotiations to end this war. But when he tries to couple the carrot and the stick, they just don't -- they just don't believe the stick that much anymore, which might then communicate that the Iranians don't believe that threat either.

BURNETT: And, Evelyn, that's the thing. Nobody -- nobody wants to live in a world where the words of the president of the United States are seen as a joke and meaningless. And if you keep threatening to blow someone to the Stone Age, annihilate them, or drive them into hell, and people don't take you seriously, that's a problem. Nobody -- nobody wants such a thing to happen, right?

EVELYN FARKAS, FORMER DEPUTY ASSISTANT SECRETARY OF DEFENSE: Right.

BURNETT: But to have the world just kind of brush off such words as no one takes you seriously, that is a real incredible thing to confront as Americans.

FARKAS: Right. I mean, I think it's confusing. It means that we lack credibility. You know, you remember back in the beginning of the term of President Obama when he said, ell, we're going to act to stop Syria from abusing the human rights of their people, and then he changed his mind, and he had drawn what they called the red line and then changed his mind. And then after that, it was viewed as incredible. He didn't have credibility to draw another red line.

And I think this is what's happened, but in a more dramatic, rapid fashion with President Trump and in a more serious fashion because I will say, President Obama never said we're going to bomb you into the Stone Age. And I think we should pause for a minute and think about the fact that the president of the United States, the strongest military, political, economic power on the planet, the one that created the United Nations to make us all safe from such things, you know, is actually threatening another nation-state.

So, that is outrageous, but also lacks given that it's President Trump.

BURNETT: Right, right, and to say annihilate, drive them into hell, right? You're talking about 90 plus million people, Jim. I just -- you know, it's worth going back to that Sunday, Easter Sunday, when I hope anybody watching can remember how they felt when that threat first was levied and people did take it seriously.

So, Jim, the thing that's interesting is you've got a really thin delegation of Iranians coming. But the United States and Iran are at war. And Iranians are coming to the United States, right, with diplomatic protection, and they're allowed. It is the president. It is a few others.

It is not, to our understanding, anyone from the Revolutionary Guard who right now is wielding so much power.

So, what can come of this?

SCIUTTO: Well, it's a fair question because they face the same, this administration, the Trump administration, faces the same problem they faced in previous diplomatic efforts to end this war, and that is that while the Iranian president and the Iranian foreign minister, who are that delegation here in New York, may want to talk and have proven their willingness to talk before, the Revolutionary Guards do not and believe that they can endure more pain, both economic pain and pain from these -- from these threat, at least, of military strikes than the U.S. can.

And the Trump administration, the president has not been able to bridge that gap, in effect, bring both those factions to the table. He's relying on the same formula that if you threaten enough, they will be there and they will all relent.

[19:30:06]

But at least to date, Erin, we haven't seen evidence to show that that's going to come to reality.

BURNETT: No, and Evelyn, the Iranian president actually gets to address the UN. Again, I'm just thinking, hey, you don't see Putin being given that. But Iran is, and he told Iranian state TV that he's going to talk about that bombing of the school, that horrific act at the beginning of the war in which 156 people were killed, 120 of them we understand to be children.

The Pentagon investigation into this is in limbo. It is in limbo, obviously, Pentagon cheered by Pete Hegseth, despite one part of the Pentagon determining that the US indeed was responsible. Perhaps outdated targeting, but the US was responsible. No one's been held accountable.

FARKAS: Right. I mean, this is a problem, Erin. It's a problem, again, for our credibility. When the United States makes a mistake, we do an investigation, and if we find that we have made a mistake -- obviously, we didn't intend to kill those children -- then we provide restitution.

So, you've probably seen this a million times, as have I in the case of Afghanistan, for example. There was one bombing where we went after a house and we took out a whole Afghan family, and it turns out that the head of the family was actually working with the U.S. government with the international community.

BURNETT: Yeah.

FARKAS: What did we do? We fessed up. We apologized. It did take a while. And then we provided restitution. That's the right thing to do.

And I have to point out that he's going to talk about this mistake that we made. But let's not forget that Iran is a human rights breaking, you know, a nation. I mean, they've been violating the rights of their citizens. They've been conducting terrorist attacks, you know, through Hamas and Hezbollah and the Houthis, you know, for decades.

So, they are not the saints here by any stretch of the imagination. We need to remember that Iran is a brutal, theocratic regime.

BURNETT: Right.

FARKAS: But this gives them a little bit of leverage they can use. So, I don't understand why we don't just put out the results of the investigation, apologize, and conduct some restitution. BURNETT: All right, thank you both very much.

And next, the breaking news. We're just getting a new video from the ICE shooting involving a DoorDash driver. CNN goes through the image by image, frame by frame in the lead-up and the aftermath of the shooting to determine exactly what happened.

Plus, breaking news, two more Republicans joining calls for an investigation into Donald Trump Jr. after a Russian oligarch with close ties to Putin paid for hundreds of thousands of dollars of Don Jr.'s wedding. Will Don be subpoenaed?

(COMMERCIAL BREAK)

[19:32:16]

BURNETT: Breaking news, jarring video just into CNN from the Austin Police Department. I warn you, it's graphic. But what it shows is body camera footage showing an Austin police officer arriving on the scene moments after an ICE agent shot a DoorDash driver Sunday.

The video shows 28-year-old Wilber Rafael Garces Perez being taken out of his car. And we're learning that the ICE agent who shot Garces Perez was not the one wearing a body camera, according to sources. The agent was just hired last year and has been placed on administrative leave as a result of the shooting, sources tell us, of course, amidst a lot of questions about ICE's hiring strategy and tactics.

And here, again, this is graphic. You see Garces Perez handcuffed on the ground. His shirt is cut open, which reveals a gaping gunshot wound. According to his attorney, the bullet is still lodged in his body. He was taken back to the hospital.

His attorney broke this news also on OUTFRONT last night.

(BEGIN VIDEO CLIP)

KATE LINCOLN-GOLDFINCH, ATTORNEY REPRESENTING DRIVER SHOT BY ICE AGENT IN AUSTIN: He has lost movement on the entire left side of his body, which means that he is facing paralysis.

(END VIDEO CLIP)

BURNETT: Federal officials still haven't said what led to the shooting.

Yahya Abou-Ghazala is OUTFRONT with a CNN investigation looking at more video and images of the shooting.

(BEGIN VIDEOTAPE)

UNIDENTIFIED MALE: He shot him from the back.

YAHYA ABOU-GHAZALA, CNN INVESTIGATIVE REPORTER (voice-over): A 28- year-old Venezuelan man was shot inside his car by an ICE agent Sunday in Austin, Texas. Wilber Rafael Garces-Perez survived the incident, the latest in a string of shootings by federal immigration agents firing into vehicles. While federal authorities have released no details about what led to the shooting, a review of photos and videos offers a window into how it unfolded.

Shortly before 1:00 p.m., dispatch audio captured local law enforcement being notified about a car chase.

DISPATCH: ICE is currently in pursuit of a blue Toyota Corolla.

ABOU-GHAZALA (voice-over): The end of that car chase was caught on camera by a woman who was live streaming while driving. You can hear a siren and tires screeching in the background.

UNIDENTIFIED FEMALE: Woo! Whoa. Oh my God. Holy , dude. Oh my God.

ABOU-GHAZALA (voice-over): Even though the video is recorded from far away, by zooming in, we can see key details of the incident unfolding. After you hear the tire screech, you can see these two vehicles out of stop. This unmarked black SUV is being driven by an ICE agent, and across from it is the blue Toyota, driven by Garces Perez. The cars are stopped, facing opposite directions. The ICE agent then gets out of his car and runs around its hood. Then, at least two gunshots can be heard.

[19:40:04]

he audio from the livestream appears to be a fraction of a second out of sync with the video But around the moments when gunshots are heard the agent doesn't appear to be in the path of the blue car Instead the ICE agent is standing behind and to the side of Garces Perez's vehicle.

Photos taken afterwards show these two bullet holes in the rear passenger side window Garces Perez was shot in the torso according to authorities. His vehicle is then seen moving forward slowly. But it quickly comes to a stop. You can see the brake lights are The ICE agent chases after the car and reaches the driver's side. From this angle, it's unclear what happens next.

Video of the aftermath recorded from a different angle shows Garces Perez clutching his shoulder and the car door handle broken off. Earlier in this video, we can see what appears to be the same ICE agent running around the passenger side of the SUV to the driver's side. He then approaches the blue car, seemingly while on the phone.

On his vest are the letters ERO, as in Enforcement and Removal Operations, a division of ICE. He doesn't appear to be wearing a body cam. On his belt is a dump pouch, an open bag meant to drop gear and expended magazines of ammo into it while you're shooting. The incident quickly led to protests at the site of the shooting.

The attorney for Garces-Perez said he was released from the hospital and taken into ICE custody. She says he entered the U.S. lawfully and previously held a valid work permit, but she couldn't confirm his current immigration status. The Department of Homeland Security says that Garces-Perez illegally

entered the country and had a final order of removal, and the FBI will assist in the investigation. It doesn't explain why the agent fired his weapon. DHS has not responded to our request for further information.

Yahya Abou-Ghazala, CNN, Washington.

(END VIDEOTAPE)

BURNETT: Juan Proano is OUTFRONT now, the CEO of LULAC, the League of United Latin American Citizens.

And, Juan, unfortunately, this isn't the first time we've spoken. You have been supporting other families who have dealt with shootings in Texas. You're supporting Wilber's family now as well.

And his attorney told me last night that he is facing paralysis because of the gunshot and a bullet that was lodged by a spine. What's the latest that you can share on his condition tonight?

JUAN PROANO, LULAC CEO: Well, it's good to see you, Erin. And sadly, under these conditions, he's got a broken clavicle. He was taken to a hospital late last night after the press briefing that we actually had in Austin, Texas. He was brought back to the detention center around midnight.

He's under still significant amount of pain. He's on a flat bed when he should be elevated and has been retaliated against. They took away his devices, his tablet, which is what he uses to stay in contact with his wife and with his family. And, you know, we're working to try and get him released as quickly as possible.

BURNETT: Is he able to move all of his body now, or are you able to tell?

PROANO: He's very severely limited in his restrictions. You know, he has he's got a brace on, for example, to help support the shoulder and the clavicle that is now broken. He's only getting, you know, Advil, and so very, very low, you know, medicines that really are not adequate for the type of pain that he's currently suffering, and the bullet is still lodged in his body.

BURNETT: DHS hasn't given a detailed account of what happened, Juan. They haven't responded to our request for a comment. So, do you know why ICE pursued him at this point?

PROANO: So, there was no enforcement action against him at all. It just so happened that he was probably at the wrong place at the wrong time. They were able to scan his license plate and then determine the status, his current immigration status, and that's what actually started the pursuit.

He had no idea that this was a ICE vehicle. It was unmarked. There were no sirens. He thought it was an aggressive driver. And then very quickly, they actually sidetracked his vehicle. BURNETT: So, the ICE agent, we understand from sources, who shot Garces Perez was a recent hire. He wasn't wearing a body camera, and the agent's since been placed on administrative leave.

I'm just curious, Juan, do you have any indication that ICE will conduct a full and fair investigation, that we will know exactly what happened here, or that we know the background or the qualifications of this person to be in such a position, wielding a weapon?

PROANO: We still don't know who shot and killed Lorenzo Salgado. There have been no charges brought against the individuals that shot Alex Pretti or Renee Nicole Good. And the only reason that we know about the person that that shot Johann Sebastian Negero in Maine was because his wife came out and spoke against him.

BURNETT: Yeah.

PROANO: And so, you know, the fact of the matter is, is we don't trust DHS to be transparent in this process. We don't trust them to police their own officers. And as we've seen, they're ill-equipped in their training and they're bringing on new agents to scale up their detention and deportation efforts without proper protocol.

BURNETT: Yeah, the wife of the ICE agent in Maine, she told me he should have no business being anywhere near this and detailed some of the abuse she says she suffered at his hands.

Thank you very much, Juan. I appreciate your time. Thank you.

PROANO: Thank you, Erin.

BURNETT: And next, more Republicans now calling for an investigation into Donald Trump Jr.'s business dealings after a Russian with close ties to Putin paid for hundreds of thousands of dollars of his wedding. Is he in trouble?

Plus, Hurricane Polo exploding. It was a tropical storm. Now, a category five hurricane. Some winds, gusts exceeding 200 miles an hour easily. Dangerously close to a popular tourist destination now.

(COMMERCIAL BREAK)

[19:50:05]

BURNETT: Breaking news, two more Republicans joining the call for an investigation into Donald Trump Jr.'s business dealings, specifically the hundreds of thousands of dollars a Russian oligarch spent on Don Jr.'s wedding party in the Bahamas.

Texas Senator John Cornyn and Florida Senator Thom Tillis are now joining Utah Senator John Curtis in calling for the Senate Judiciary Committee to investigate whether the president's son has used his relationship to the president for private financial benefit, preferential treatment, or access. And he wants to subpoena Don Jr. himself. Curtis today says, quote, "A toaster is a wedding gift. A private

island party paid for by a Putin-connected oligarch is something else."

That oligarch is Russian businessman Umar Kremlev, seen here with Vladimir Putin, receiving an award just weeks before attending John Jr.'s wedding. Kremlev reportedly spent hundreds of thousands of dollars on celebrations surrounding the wedding in the Bahamas. Don Jr. and his wife say there is no conspiracy and no mystery, calling Kremlev a friend, and the money wedding gift. President Trump claims Don Jr. paid back the oligarch, which is something, of course, which cannot be confirmed.

OUTFRONT now, Dan Alexander, senior editor at "Forbes", who has extensive reporting on Donald Trump and his family businesses.

So, Dan, you have three Republican senators now calling for Trump Jr. to be subpoenaed. And it's not just over the wedding gift, which, of course, is something that just common sense dictates is inappropriate, but over broader business dealings.

So, you've spent years following the Trump's family money. How worried should Don Jr. be tonight.

DAN ALEXANDER, SENIOR EDITOR, FORBES: He should be very worried, and the reason he should be worried is, first of all, because he's not a public official, many of his own business dealings remain private. So, depending on how far this expands, it could expose some of what he's been up to over the last couple of years, and the second reason that he should be really worried is that the ones that there is more reporting on are the ones that are connected to his father.

It's hard to investigate Don Jr.'s finances without getting into Donald Trump's finances. And so, this investigation ultimately could embarrass not just Don Jr., but also the president.

BURNETT: I mean, you've estimated it for Don Jr. was worth about $50 million around the 2024 election, a number which, by the way, had astronomically gone up in the last Trump administration. But a little more than a year later, that 50 goes up by your estimate to $300 million, six times richer in one year. Is it clear where all the money's coming from?

ALEXANDER: Well, we know where a lot of it has come from, and it's from crypto, and it's from international licensing deals, and what we know doesn't look good. I mean, World Liberty Financial did a major deal with somebody -- with a company that appears tied to the deputy ruler of Abu Dhabi, and the management and licensing business has done deals in Qatar, the United Arab Emirates, and Saudi Arabia, all of which have ties to government officials over there, so that already doesn't look good.

But there's plenty that we don't know. We don't fully understand his financial connection to 1789 Capital. What's the percentage of those investments that he holds? And we also don't know with all this incoming cash, how he's deployed it, where it's all gone. It seems like we find out about a new investment about every other

month. And you can bet that if we get more insight into what all of those holdings are, there are going to be more and more questions about conflicts.

BURNETT: Right, right. I mean, things like Vulcan, I know there have been questions, right? Get a stake and then gets a Pentagon deal, how all that actually plays out.

Recently, he was in Qatar at the Economic Forum and he was asked whether he would run for president. And he said, I don't know, maybe one day, you know, that calling is there.

So how significant is a Senate hearing for him, given what it could expose?

ALEXANDER: Look, all this stuff isn't good for somebody with future political ambitions. And I think it's important to recognize that Donald Trump, although he's been Teflon about a lot of these things, he has some unique characteristics that have allowed him to do that. I'm not sure that his kids have those same characteristics, sort of the draw, the charisma, the sense of humor that's going to allow people to brush aside some of this stuff as easily as they have for Donald Trump.

It's not just bad for Don Jr's future political ambitions, it also isn't good for Eric, if he has any future political ambitions. So, it's a bad stain for the next generation of the Trump family.

BURNETT: Yeah, yeah. Of course, I think people could look it up Jared Kushner as well and his wife, Ivanka Trump.

Thank you both -- thank you very much. I appreciate it.

And next, all eyes on Hurricane Polo, one of the strongest hurricanes ever, and it is still getting stronger.

(COMMERCIAL BREAK)

[19:59:14]

BURNETT: Breaking news. Hurricane Polo making history tonight, exploding into an extremely dangerous category five hurricane, one of the most powerful storms ever recorded, packing sustained winds near 180 miles an hour, wind gusts up to 220. The speed of the extreme rapid intensification is extraordinary. Polo's winds increased by about 110 miles an hour over 24 hours. So literally it went from what, 30 or 40 miles an hour now, look where you are.

An NOAA, National Oceanic Administration hurricane hunter reporting it, saw the storm's central pressure plunge to 892 millibars, which is the second lowest pressure ever recorded in an Eastern Pacific hurricane.

The National Hurricane Center itself calling the hurricane remarkable, all of it happening because of the exceptionally warm Pacific waters. Temperatures now 86 to 88 degrees. And obviously, when you think about what's happening with El Nino and those temperatures, we'll just only imagine what could be coming in store.

Well, thanks so much for joining us. You can also stream our show live. You can also watch on demand with a CNN All Access subscription.

"AC360" starts now.