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and nail gun who tried to break into an fbi field office today. investigators now looking into whether the suspect had ties to right wing extremism. let's go "outfront." good evening. i'm erin burnett. tonight, countdown. there is a deadline on the table, 3:00 p.m. tomorrow. that's when a judge says he needs a response from president trump to the doj, so he can make a formal ruling on whether to make that search warrant of mar-a-lago public. it comes as attorney general merrick garland took the step today of speaking out. breaking his silence, saying that he signed off on the warrant...

during that search. first though, we do want to begin with former white house counsel pat cipollone. his deputy appearing before a january 6 grand jury today. evan perez is outside u.s. district court in washington. this of course separate from the investigation to the handling of classified documents. this relates to january 6th. how significant is the testimony of cipollone and his deputy? >> reporter: jim, this is a very important testimony that we're going to get from the -- that the grand jury is going to get from pat cipollone and patrick philbin. these are two men who are in...

plus what we know from the doj filing about who asked me have legal exposure. >> they don't have anything. there is just nothing there. >> and the legal, political and moral implications of a potential decision to indict the 45th president. all in starts right now. ♪ ♪ ♪ >> good evening from new york, i am chris hayes. it is a pm eastern, and we just hit the deadline for donald trump's legal team to respond to the department of justice filing that just passed. it looked like it just came in. we will monitor it, that you know, what it is and what it says. honestly, what it says ...

have a written statement in "due course". attorneys for trump compared the documents to an overdue library book, marveling at how the records dispute that has suddenly been transformed into a criminal investigation. trump and his team tried all kinds of defenses, frump falsely saying the top secret documents were his, to then saying that he declassified them. in court today, the doj lawyers were blunt, saying he is no long for president, and because he's no longer the president, he had no right to those documents and that ends the analysis. but we might be seeing a lot more from the ...

late word that the agency might temporarily disable texting on employee phones while it fixes gaps in how it retains these messages. first, though, what could be far reaching repercussions from primary elections in five states last not. in kansas, a ballot measure to strip abortion rights from the state constitution lost by a wide margin. here's president biden say hailing it as a bellwether for november. >> in a decisive vote, in a decisive victory, voters made it clear that politicians should not interfere with the fundamental rights of women. the voters of kansas sent a powerful s...