good morning. it is august 3, 5:00 a.m. i'm erica hill. the criminal investigation into january 6 now reaching inside former president trump's white house. pat cipollone has been subpoenaed by the federal grand jury investigating attempts to overturn the 2020 election. they are in discussions about his appearance before that panel including how to handle executive privilege issues. let's bring in areva martin. when it comes to executive

privilege, i think as we talk about what these conversations could be between pat cipollone's attorneys and the doj, that grand jury, i should say, what is covered by executive privilege? just remind us here. what conversations could potentially be covered. >> what we know is that pat cipollone and others have claimed executive privilege to allow them basically to avoid answering questions about conver conversations, private conversations they claim they had with donald trump leading up to and including on january 6. we know with respect to the january 6 committee that pat cipollone, although he appeared before that committee, that he used executive privilege oftentimes to avoid answering specific questions. and this is going to test, quite frankly, whether that privilege holds now that we know that there is a grand jury, a

criminal investigation taking place with respect to donald trump. these conversations that pat cipollone's attorneys are having with the doj presumably designed again for him to limit the kinds of information that he gives to this grand jury. but i don't think that he is going to have the same luxury that he had when testifying before the january 6 committee. i don't think that he will be afforded that same luxury with respect to this grand jury investigation. >> how significant is this subpoena? put that in context for us if you could. >> this is huge. when you think about someone in trump's inner, inner circle, being subpoenaed to appear before a grand jury, a criminal investigation that reaches into the inner circle of the white house, i know because donald trump is under so many investigations it is somewhat -- it has become somewhat normalized, but if we think about other presidential administrations, i think that gives us some sense of the

enormity and the unusual nature of the subpoena to have someone this close to the president being asked to participate, give information and to answer questions under oath before a grand jury. >> and there is also a development overnight i want your take on. cnn has learned that the texts from officials in the justice -- not the justice department, pardon me, defense department were erased in regards to january 6. we're talking about messages involving the acting secretary of againsdefense, chief of staf secretary of the army. there is no suggestion that those individuals made the choice to erase the messages. we don't know that. but we know the messages are gone. and it is not clear that the committee everyone knew that those messages were gone. this is all adding up and i think no other way to look at it than this is really starting to stink. >> yeah this, is outrageous to

think that text messages that would reveal information in terms of what was going on, what these high level officials, government officials were saying to each other, how they were communicating with each other, the fact that those text messages were erased or somehow disposed of again just speaks to the enormity of the circumstances, the situation that we find ourselves in with respect to donald trump. we know certain member of the january 6 committee are calling on the inspector general with respect to the secret service at least to be discharged, to be released from his duties because of the failure to preserve text messages. i don't think this is the end. i think this is the beginning of yet what will be perhaps another investigation into how these text messages were handled, why they weren't reserved and who is going to be held accountable and again, potentially criminally accountable for the destruction of these text messages. >> key too of course hose

messages to understanding and learning about what was actually happening in the days leading up to january 6 and after. areva martin, always good to see you. thank you. house speaker nancy pelosi getting ready to leave taiwan's capital right now. she and her congressional delegation visited taipei despite of course those threats from china. >> i just hope that it is clear that while china has stood in the way of taiwan participating and going to certain meetings, that they understand that they will not stand in the way of people coming to taiwan. >> we have correspondents covering it in the region. steven jiang will have a closer look at china's reactions but first let's learn more about what she was saying there on the ground, blake essig covering that angle for us in tokyo this morning. what has the reaction been like in taiwan so far this morning?

what were those conversations? >> reporter: there is no question that taiwan's government was excited to welcome the u.s. speaker of the house. as for the rest of taiwan, the feelings were likely mixed. some thinking that her visit is beneficial while others are worried that it might escalate tensions. one example of that was the hundreds of people who gathered outside of her hotel last night. cnn's team on the ground said that it was about equal between supporters and protestors and while pelosi made it clear today that china will not stand in the way of people coming to taiwan in the short term, it is hard to, a that the speaker's visit hasn't added to the already tense situation that exists. point in case, within about 30 minutes of the speaker landing on the island, china announced live fire military exercises surrounding taiwan that could already be under way. the defense ministry has condemned those drills saying that they amount to maritime and aerial blockade.

in fact taiwan is having to negotiate current routes with japan and the philippines because of china's military exercises. despite warnings from the white house and in defiance of china, speaker of the house nancy pelosi did arrive in taiwan late last night and once on the ground the speaker and her delegation issued a statement saying that america's solidarity with the people of taiwan is now more important today than ever as the world faces a choice between autocracy and democracy. and after staying the night, pelosi met with senior government officials and taiwan's president who thanked the speaker for being one of the island's most devoted supports and gave her their highest civilian honor. and she visited the national human rights museum in parliament where she met with the deputy speaker of taiwan's legislature praising taiwan as one of the freest societies in

the world. while pelosi and her delegation are expected to leave at any moment now and continue their tour of asia in south korea and japan, at least for now while they are leaving taiwan, what they are leaving behind are increased tensions on both sides of the taiwan strait. >> blake essig for us in tokyo, thank you. in terms of those tensions, what we're expecting in terms of the live fire drills, the defense ministry in china mann details n to hold those drills. there have been claims that this is a move described by some analystsn details where they pl hold those drills. there have been claims that this is a move described by some analystsp mann details where thn to hold those drills. there have been claims that this is a move described by some analystsmann details where they to hold those drills. there have been claims that this is a move described by some analystsann details where they to hold those drills. there have been claims that this is a move described by some analystsnn details where they po hold those drills. there have been claims that this is a move described by some analysts details where they pla hold those drills.

there have been claims that this is a move described by some analysts details where they pla hold those drills. there have been claims that this is a move described by some analystsdetails where they plan hold those drills. there have been claims that this is a move described by some analysts details where they pla hold those drills. analysts as being procvocative which one would imagine is part of the goal. >> reporter: that's right, and those drills are supposedly already started. but interesting to note moments after pelosi's plane landed, when they initially announced the drills it was supposed to start on thursday after her expected departure from the island. but then there was growing backlash against the government's lackluster response especially after the government here had been stoking nationalistic sentiment for days. that is why the chinese military seemed to push forward the drills to say that they would start almost immediately involving not only firing missiles in waters of taiwan but also practicing a blockade. state media describes them as unprecedented because of its proximity and also because of its scale and intensity. but also worth noting that state media here also seemed to be trying to tamper down expectations by now saying things like a complex historic position cannot be resolved overnight and also highlighting

china's so-called restraint by saying peaceful reunification by taiwan deserves one last chance. so it seems that they are trying to give themselves a potential pathway for a climb down at a time when neither washington or beijing wants a war with each other. but for sure that nobody here is talking about the impact of zero covid or a slowing economy with nationalistic fervor running so high. everybody is rallying around xi jinping at a time when we're only a few months away from his coronation for a third time. >> steven jiang, appreciate it. and this just in, president biden about to issue an executive order to safe guard abortion access. meantime did democrats just cost a republican congressman his primary? and alex jones confronted by parents of a student murdered at sandy hook.

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president biden will sign a s second executive order in an attempt to safe guard abortions for women and providers comply with federal nondiscrimination laws so women can receive the care without delay. and there is a suit against the state of hididaho. >> there have been widespread reports of delays and denials of treatment to pregnant women experiencing medical emergencies. we will use every tool at our disposal to ensure that pregnant women get the emergency medical treatment to which they are entitled under federal law. >> this marks the first legal action taken by the administration to protect abortion access since the supreme court decision o

overturning roe v. wade. idaho's law set to take effect a august 25th. the state's government says that they will defend the ban in the face of, quote, federal meddling. and a major test on tuesday in kansas, voters rejecting an amendment to remove the right to an abortion from the state constitution. the procedure is legal in kansas up until 22 weeks. this was the first big test since roe was overturned, at the ballot box we should say. let's bring in political analyst f far far gmargaret teller. there was a lot of focus on kansas, but what also stood out is not just the outcome there, but the turnout in terms of voters which was much higher than even the 2020 presidential primary in kansas. >> absolutely correct.

and these results in kansas are already being parsed and are going to be examined. may end up being the most important race of tuesday night in terms of its potential implications on suburban female voter turnout around the country in the november races. and this could have implications in all the key states. think about it, right? michigan, which will be crucial for democrats not just in 2022 but in 2024, pennsylvania, georgia, arizona, major races on the ballot that could come down to the wire. and both how suburban voters and women in particular, how they turn out and who they vote for will be essential when you with looking at let's say a state like arizona where former president trump appears to have been running the tables in the state, the primaries may end up being very good for the former president, but if abortion ends up being a pivotal question that is pivotal to suburban turnout,

that could be a game changer. and so this already is being very closely watched. >> you mentioned michigan, a lot of eyes were on michigan of course. representative meyer lost his primary there. he wrote an op-ed earlier this week. there has been a lot of pushback about democratic funding of his opponent. and this is going to be closely watched too as we move ahead moving in to november. >> we've seen democrats in state after state now experiment with engaging in the republican primary to try to get a republican nominee who they think, you know, strength ens democrats chances in november. extremely risky because if they are wrong, they will get election deniers and the hardest of hardest supporters of president trump and that will have implications for all americans on democracy and how the country works.

i think in peter meyers case, democrats are certainly engaged but also what we have seen generally speaking in last night's primaries is inside the republican party, really kind of strengthening and bolstering the former president's standing, the question really comes down now to the general election. and that race in michigan really raises the stakes. it is a perfect example of watching the dynamic play out. >> we'll definitely be looking at that. also want to -- as we're all waiting to see what plays out in the senate this week, all eyes on kyrsten sinema as we know manchin, senator manchin reportedly spoke with her for ten minutes yesterday on the senate floor, they are texting. i mean, this is the great senate watch i guess of 2022, the first one. there will be more. where do things stand this morning? is there any sense of what she may have an issue with, if anything, in this bill?

>> well, one of the big areas to watch, one of the provisions to watch is this carried interest loophole. and for your average watcher, this doesn't really affect you unless you are a hedge fund manager. but would have huge implications. so the question is, is there enough negotiating room in here for her to sign on, what is joe manchin willing to give up, but the conventional wisdom in washington and whether or not it is right and with the caveat that nobody would ever bet on -- no one would ever bet on predicting what kyrsten sinema would do any more than they would predict what joe manchin would do. but the conventional wisdom over the course of recent days since this deal has been announced, that everyone believes that there is a path for sinema to get there. the question honestly may still get come down to the house in some cases. so this will resolve itself very quickly or we'll be into next week with no clear resolution.

i think that it will be a couple days until we see it yet, but the question is, if cisinema is willing to come to the table, how committed is joe manchin to seeing this process through or if she in some certain provisions will he say, well, i tried and walk away. so this is not a done deal yet. but most people in d.c. believe that there is a real path to get there. >> and we'll be watching. probably have better chances of winning that billion dollar mega millions from earlier that week than you do of predicting how this will play out. margaret, thank you. and a bipartisan bill that expands health care benefits for millions of veterans exposed to toxic burn pits is now headed to president biden's desk. the senate voting 86-11 to pass that legislation. republicans who had blocked the bill allowed to pass after

trying unsuccessfully to limit funding for treatments. >> i'm not sure i've ever seen a situation where people who have already given so much had to fight so hard to get so little. and i hope we learn a lesson. >> the bill could provide health coverage for as many as 3.5 million veterans who have been exposed to burn pit toxins. and remembering vin scully, the iconic voice of the dodgers. and cnn on the ground in ukraine, killer drones in the skies above. >> walking through trees because they are afraid we might be spotted from above by russian drones.

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russian and ukrainians face a battle from the sky. >> reporter: at ukraine's southern front, reconnaissance team leads us toward russian lines. we are walking through the trees because they are afraid we might be spotted from above by russian drones. that is the way they do their work out here. hidden by the trees. our destination, a drone team shrouded from the skies. their mission, find russian forces and call in artillery strikes. a problem though on their first

flight of the day. russian countermeasures mess with their drone. they need to switch out parts before the next launch. it is nearly impossible to fight off the russian jamming signal the commander says. but we have special devices to combat it. but as the drone launches, it lurches the wrong way, heads for trees. not clear what causes the malfunction. there is a war within a war here, a software dogfight in the skies above the battlefield. and a mistake by the drone operators can cost them their lives. back at base, on a big screen, they scour the first flight's video. detail is incredible. the operator, a 24-year-old former news cameraman. so you are looking at the russians but they can be looking at you when you are in the

field. >> yes. >> reporter: how does that feel? >> scary. very scary. >> reporter: but you keep doing it. >> yeah. >> reporter: why? >> because we must do it. >> reporter: life or death decisions which star gets the hit to save his fellow countrymen. he has no idea your drone is following him. >> no idea. >> reporter: previous days when they have avoided russian countermeasures they have had better luck. a russian tank position hit in the past week when they called in an artillery strike as they watched. who wins drone wars will help determine who dominates the battle space and that depends on who has the smartest technology. and who has the best traditional frontline skills to hide from it. nic robertson, cnn, ukraine's southern front.

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is scientifically designed to help manage your blood sugar. live every moment. glucerna. this just in, nancy pelosi leaving taiwan's capital just moments ago. they are seen on the tarmac in taipei before climbing the stairs on to her plane.

pelosi there of course ignoring china's threats about her visit to taiwan, declaring while she is theren a n unwavering to taiwan's democracy. beijing summoning the u.s. ambassador and suspending several agricultural imports from taiwan. let's bring in david sanger. good to see you. the big question that is being discussed is whether this trip was worth it. what is the assessment this morning? >> that is a hard measure to make. it had great symbolic importance clearly for the taiwanese people, she was cheered on her way into the legislature. she made a symbolic stop at a manufacturing company, the one that provides the most high tech chips to the united states and

china and the rest of the world bigger than any other chip maker in the world. that was so sort of say to china, you need this island as much as we do. to be a bit of a restraint. but at the same time, the chinese government a series of live fire exercises. and i was looking at the map about where they will be conduct and some are just ten miles off the coast. much closer to taiwan than the live fire exercises in 1996 that led bill clinton to send an american carrier group right to the head of the taiwan straight. >> the fact that this map was released and we're learning that taiwan is looking for alternate flight routes because of this activity, if the goal was provocation, is it working? >> certainly the goal of nancy

pelosi was to make a statement to the chinese and many in washington including in the white house were concerned that there were elements of this trip that were a bit reckless. the pentagon didn't want her to do it as president biden said because they felt like they have enough provocations with china right now and that there would be more symbolism to this trip than substance. but the taiwanese government it looks like greeted her and really rolled out the red carpet. so they wanted the sign of support. and for her, it was a bit of a legacy trip. because if you think that democrats have a very good chance of losing the house in november, and they do, this would be her last trip to asia. >> as we look at all of that, right, u.s./china relations have been at the forefront so much over the last several years. those concerns can't going anywhere and that was as you pointed out part of the concern

ahead of this trip in terms of what that impact would be. who is coming out of this visit, if we can make the assessment at this point, stronger? >> not clear yet. the united states now established the principal over the president's objections i think that china cannot dictate the level of american official who comes and visits. nancy pelosi was the first speaker of the house in 25 years since newt gingrich went in 1997, but she's also now re-established that third in line for the presidency can show up on taiwan territory. chinese government may well use these live fire exercises and whatever follows to establish that they really dominate the region right around taiwan. and you look at where those exercises are being conducted,

they have completely surrounded the island. there is a big message there. >> david sanger, always appreciate your insight. thanks for joining us. and the white house is confident that the drone strike targeting leader of al qaeda ayman al zawahiri did indeed kill him. zawahiri was one of the masterminds of the 9/11 attacks. the administration says hell fire missiles on a drone took out the 71-year-old terrorist, it happened on that balcony in kabul. the biden administration though admitting that it does not have it dna confirmation of his death but says that visual confirmation that he was killed and also civilians according to the administration were harmed in that strike. >> we know who was on the balcony and we have multiple sources and methods that we have used to confirm with high confidence that it was zawahiri who was killed. we also have seen the coverup that was undertaken subs

convincely by the haqqani taliban in an effort to remove his family from the compound and clean up after the strike. >> nick paton walsh now with more on the mission that killed the world's most wanted terrorist. >> reporter: the target was the same as it was at the start of the war on terror, mastermind turned leader. but the method startlingly precise. two missiles hitting kabul's fanciest streets. the al qaeda leader ayman al zawahiri stepping on to a balcony that had likely for years housed rich westerners working for nato, but stepping out on to sunday for the last time. >> i authorized a precision strike that would remove him once and for all. >> reporter: the biden administration so confident they built a model of the house they said that they didn't need boots on the ground before the strike or after. >> we do not have dna

confirmation, we're not going to get that confirmation and quite frankly based on the multiple sources and methods that we've gathered the information from, we don't need it. >> reporter: a staggering counter strichl success born of a failure the u.s. had tried to gloss over as the u.s. rushed to leave afghanistan at the end losing control at the close of its longest war. it had tried to suggest al qaeda were degraded. no longer a threat there. but in truth, the group were finding a safe haven there again with concerns last year they might have been able to strike the west again as early as next year. they weren't the threat they were when zawahiri masterminded satisfy r savage on the u.s. embassy. and mayhem of isis. but their hand spread across the world often encouraging locals to target other locals and zawahiri remained figurehead

with his hands on some buttons. analysts felt his recent messages suggested a man complacent. they had followed family members to get him. and his most likely successor recently in iran. but terror leaders last less long these days. but the enduring harder ques questions before the taliban, few believe that they had denounced terror like they promised the u.s. but after 20 years of war, they still brought exactly the same al qaeda figures back into the safest of their havens. central kabul. yet found the united states also had a long memory and now didn't even need to be there to kill their most wanted. fundamentally the question is not now whether this terror group with its awful years far behind it reconstitutes itself into the threat it once was or

get another leader. it is whether this strike permanently damages the possibility of ordinary afghans getting aid into their country soon. yes, it shows that the taliban while not governing in the way they hoped they could because of sanctions are also possibly slipping back into the worst aspects of providing safe haven for terrorists. that may make it extremely hard for the international community or certainly the western part of to think about putting aid into that country, exacerbate the tensions that are already there in those international relationships. and for order afghans struggling through this summer and the winter ahead, that could indeed prove deadly. nick paton walsh, cnn, new york. just ahead, the former trump figure just subpoenaed in the criminal investigation of january 6. and conspiracy spreader alex jones confronted by sandy hook parents in court. >> there is records of jesse's birth, of me. i mean, i have a history. and there is nothing that you

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emotional testimony at a heated confrontation, parents of a child murdered in the sandy hook school shooting telling a jury how alex jones' lies compounded their grief and made their fear for their own safety. miguel marquez has the story. >> my son existed. >> reporter: my son existed says scarlet lewis, the mother of 6-year-old jesse lewis, speaking directly to conspiracy theorist alex jones in an austin, texas courtroom. >> jesse was real. i am a real mom. >> reporter: in an utterly unthinkable sign of our times, scarlet lewis makes the case that she and her dead child are real. directly to jones.

>> it doesn't exist that i'm deep state. it is just not true. i know you know that. that is the problem. i know you know that. and you keep saying it. you keep saying it. why? why? for money? because you made a lot of money while you said it. i know you -- i mean -- i know you believe me. yet you're going to leave this courthouse and you're going to say it again on your show. you're saying no. you just did it. >> reporter: on his show today he raised questions about both scarlet lewis and the boy's father who are seeking up to $150 million in damages. >> he is being manipulated by some very bad people. i got to be honest.

he's slow, okay? and his ex-wife is not. >> reporter: the man jones is calling slow and manipulated, jesse lewis' father. >> i was blessed with some happy years. [ inaudible ]. >> i cherish those days. those years. >> reporter: in all, families of seven victims and one fbi agent have successfully sued alex jones for defamation in three different trials taking place this both texas and connecticut. jones testified that he was

simply trying to get answers to questions that others were asking. >> i never intentionally tried to hurt you. i never even said your name until this case came to court. i didn't even know who you were until a couple years ago when all this started up. the internet had a lot of questions. i had questions. >> reporter: based on a separate legal filing, families of sandy hook victims allege jones is using bankruptcy laws to shield tens of millions of dollars from any possible liability. miguel marquez, cnn, new york. the burn pits bill finally passed by the senate, secretary of veteran affairs joins "new day" next. plus the lasting legacy of a true baseball legend. for strength and energy. woo hoo! ensure, complete balanced nutritionon with 27 vitamins and minerals. and ensure complete with 30 0 grams of protein. ♪ ♪

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baseball fans mourning the loss of broadcast irer loss of broadcast ir vin scully. coy wire has more. >> he was a schoolboy who wanted to be a sportscaster. when you heard his voice you knew it was time for dodger baseball. >> a pleasant good evening to you. pu pull up a chair. >> he started broadcasting dodger games in 1950, eight years later moved with the team to l.a. and called their games all the way until 2016. 67erica, longest of any broadcaster.

his first world series at just 25 years old. giants honoring scully with their jumbotron. and dave roberts talked about the icon after the game. >> he was a friend. he was a friend and he inspired me to be better and, you know, there is not a better story teller. and i think that everyone considers him family, you know. he was in our living rooms for so many generations. and, you know, dodger fans consider him a part of their family. and so he lived a fantastic life, a legacy that will live on forever. >> dodgers president saying that scully's voice will be etched in our minds forever. vin scully was 94 years old. meantime yesterday we had one of the biggest mlb trades ever on deadline day. padres picking up the superstar juan soto from the nationals.

the two time all-star world series champ and teammate skrosh b josh bell heading west for five minor leergs. soto turned down a $440 million offer from the nats last month forcing the team to seek a trade. majority of the trades in the last two days. five all-stars were traded including closer josh hater. rockies were the only team not to make a trade. the nfl stripping the miami dolphins of two draft picks and suspending and fining owner steven ross for violating league policies relating to the integrity of the game. a six month investigation found that he violated a policy involving tampering with other players. but the investigation did not find that ross offered then head coach brian flores $100,000 for every loss in the 2019 season.

the investigation found that he talked about tanking for a better draft position but wasn't really serious about it. flores, who is now a defensive coach for the steelers issued a statement saying that he is disappointed that the allegations were minimized. nfl commissioner roger goodell saying that the investigation found tampering unprecedented scope and severity. ross said he strongly disagrees with the investigation 's conclusion and the punishment but will accept and he will have to, the penalties are final and there is no opportunity to appeal. >> there you toe. decision made. coy, good to see you. thank you. thanks to all of you for joining us. i'm aerica hill. "new day" starts right now. good morning to viewers here