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Forty-three Republican Senators Voted Not To Hold Donald Trump Accountable For Capitol Riot; Senate Acquits Donald Trump: 57 Vote Guilty, 43 Not Guilty; Pelosi Blasts 'Pathetic' McConnell For Acquittal Excuses; Trump Acquitted In Second Historic Impeachment Trial; COVID-19 Death Toll Surpasses 480,000 In The U.S. Aired 7-8p ET

Aired February 13, 2021 - 19:00   ET

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

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(BEGIN VIDEO CLIP)

(CROWDS CHANTING: USA, USA)

UNIDENTIFIED MALE: Senate will convene as a court of impeachment.

REP. JAMIE RASKIN (D-MD): This cannot be the future of America.

UNIDENTIFIED MALE: We are really here because the majority in the House of Representatives does not want to face Donald Trump as a political rival in the future.

REP. JOE NEGUSE (D-CO): These false claims about election fraud, that was the drumbeat being used to inspire, instigate.

UNIDENTIFIED MALE: The president's remarks explicitly encouraged those in attendance to exercise their rights peacefully and patriotically.

RASKIN: The children of insurrectionists, even the violent and dangerous ones, they're our children too. They are Americans and we must take care of them and their future.

UNIDENTIFIED MALE: They ayes are 57 days, the nays are 43. The senator judges that the respondent Donald John Trump, former President of United States is not guilty as charged in the article of impeachment.

(END VIDEO CLIP)

ANNOUNCER: This is CNN Breaking News.

PAMELA BROWN, CNN HOST: I'm Pamela Brown in Washington. Welcome to our viewers in the United States and around the world. You're in the CNN NEWSROOM and just a short time ago the Senate made history voting to acquit Donald Trump for the second time.

The shortest impeachment trial in U.S. history ended today with 57 guilty votes, 10 short of the 67 necessary for conviction but more than expected. Among those guilty votes were seven Republicans making this the most bipartisan impeachment conviction vote in history. Immediately afterwards Senate leadership from both parties took to the

floor.

(BEGIN VIDEO CLIP)

SEN. CHUCK SCHUMER (D-NY): This trial wasn't about choosing country over party, even not that. This was about choosing country over Donald Trump. And 43 Republican members chose Trump. They chose Trump.

SEN. MITCH MCCONNELL (R-KY): Former President Trump's actions preceded the riots for a disgraceful, disgraceful dereliction of duty. We have no power to convict and disqualify of former office holder who is now a private citizen.

(END VIDEO CLIP)

BROWN: CNN congressional correspondent Ryan Nobles is on Capitol Hill and Ryan, this was the expected outcome but the final vote had a few surprises.

RYAN NOBLES, CNN CONGRESSIONAL CORRESPONDENT: Yes, that's a great way to put it Pam. There's no doubt that this ended up the way that we thought it would but the path to get to that final vote took a number of different turns that we were not expecting.

It started this morning when the House Impeachment Manager Jamie Raskin suggested that they were prepared to call witnesses and if that had happened, it would have meant that this would've been a much longer trial and probably would have been a much more heated argument between the two sides.

But after a couple of hours of negotiations, the two sides came back, they decided just to put on the record a statement by Jamie Herrera Butler about a phone call between Kevin McCarthy and President Trump on the day of the insurrection where trump told McCarthy that he thought that he did not care about election fraud as much as those that were rioting.

Now when it was all said and done as you rightly point out, there were not enough votes to convict President Trump this time around but there were a few surprises. Seven Republicans in total voting to convict the former president including Bill Cassidy of Louisiana and Richard Burr of North Carolina. Their votes were significant because both of these men had earlier voted that this whole process was unconstitutional.

So they switched their votes after hearing the arguments from the House impeachment managers and then of course there was Mitch McConnell's speech at the end of all this where he blistered former President Trump and his actions on January 6 but argued that it wasn't the responsibility of these U.S. senators to convict him after he was already out of office but suggested that perhaps he could still be tried in a criminal court.

Well, the House Speaker Nancy Pelosi, she was watching Mitch McConnell's comments and she had this to say afterwards.

(BEGIN VIDEO CLIP)

REP. NANCY PELOSI (D-CA): For him to get up there and make this indictment against the president and then say but I can't - I can't vote for it because it's after the fact - the fact that he established. The fact that he established that it could not be delivered before the inauguration.

(END VIDEO CLIP)

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NOBLES: Now even though this was not the outcome that Democrats were hoping for, it is the outcome that most of them expected and there are many here in Washington that are breathing a sigh of relief that this impeachment trial is now in the rearview mirror.

It has really been a big cloud that is hovered over the beginning of the Joe Biden administration. Pam, there are many here on Capitol Hill that are ready to get to work on many things including that COVID relief package.

BROWN: And that is part of why there was such a frenzy this morning with we think thinking that there would be witnesses called and perhaps this would go on for a week so it is now over, Ryan Nobles. Thank you so much for bringing us the latest there from Capitol Hill.

And joining me more on - with more on today's acquittal is Democratic Senator Richard Blumenthal of Connecticut. He's also on the Judiciary Committee. Senator Blumenthal, welcome.

SEN. RICHARD BLUMENTHAL (D-CT): Thank you very much for having me Pamela, good to be with you.

BROWN: Seven Republicans voted in line with you and your Democratic colleagues to convict former President Trump. What is your message tonight to those other 43 Republicans who didn't.

BLUMENTHAL: The vote, really the largest bipartisan vote in the nation's history and convicting a president on impeachment attests to the irrefutable, unrefuted facts that were established and my Republican colleagues simply decided to ignore those facts. Unfortunately, sadly, tragically for them and for the country, that vote for each of them will be a stain on their reputations for years to come.

Maybe their whole life's work. Donald Trump has been disgraced in the eyes of history and I think there's still a large measure of accountability to be imposed. There are criminal investigations ongoing in Georgia, New York and elsewhere.

And we need to cooperate on a bipartisan basis to stem the tide of white supremacy and violent extremism that Donald Trump mobilized and exploited, bringing them here to Washington, riling them up to assault the House of Congress and even to attempt assassination against his own vice president and others of us. So I would say to my Republican colleagues, there is a lot of work to

do. You have really unfortunately failed reprehensibly to keep your oath of office. Donald Trump failed to keep his.

BROWN: And you say that there are still ways to hold him accountable. Mitch McConnell actually talked about that on the floor. We're going to get to more of what he said in a moment but do you believe that Donald Trump should face criminal prosecution for his behavior around the January 6 riots?

BLUMENTHAL: I thought he should face prosecution for his obstruction of justice as in fact recommended by the Mueller report. It said that he had committed that crime but couldn't be prosecuted because he was a sitting president but for his self-aggrandizement in violation of the emoluments clause of the constitution, for his family separation policy at the border, for his fraudulent activities and possible violation of tax laws federally and other activities that may violate state laws in New York, he certainly ought to be held accountable there.

And I believe very strongly that we need accountability in the way we govern here. Democracy had a very close call when those rioters assaulted our democracy simply to overthrow the election and retain power for Donald Trump which was his goal and then he reveled and delighted in the result even though it caused very serious injuries and deaths.

BROWN: So it sounds like what I'm hearing from you is you do agree that he should face criminal prosecution. I want to talk about Senator Mitch McConnell and his statement on the floor. Firstly, blaming Donald Trump but then claiming the constitution didn't allow the Senate couldn't to convict him since he's out of office. Here's some of what he said.

(BEGIN VIDEO CLIP)

MCCONNELL: President Trump is practically and morally responsible for provoking the events of the day. No question about it. Former President Trump's actions preceded the riots or a disgraceful, disgraceful dereliction of duty.

(END VIDEO CLIP)

BROWN: So as you were listening to him say this after he voted to acquit Trump, what was going through your mind?

BLUMENTHAL: What was going through my mind Pamela was one word hypocrisy. Mitch McConnell caused the delay until after the end of Donald Trump's term of office in the trial on this impeachment by refusing to accept and schedule the articles of impeachment.

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So he created this fig leaf for himself and he was the cause of that in effect January exception. I think that no one in America will be fooled by it. BROWN: And I was just going to point out, his office says well, he

always talked about the verdict. This took 19 days of pre-trial and trial. We would have never gotten the verdict while Trump was still in office but what do you think he was trying to accomplish by voting that Trump wasn't guilty and then lambasting him for the charge that House managers had been laying out. What do you think he was trying to do there?

BLUMENTHAL: In effect, have it both ways, appeal to both sides. And I think as I said, no one in America should be fooled by it but I do also think that most people in America saw this evidence and in fact should appreciate the lasting injuries that many suffered. The janitors, the maintenance folks, the journalist who lived through that trauma and had to live through it again as well as our own staff.

And of course, the damage to democracy as a result of that attempt to overthrow the government which now has caused our capitol to be an armed island with barbed wire and huge fences. National Guard armed with assault weapons patrolling and stationed at every entrance way which have been reduced.

The effect on this symbol of our democracy is really great.

BROWN: All right Senator Blumenthal, thank you so much for coming on the show. We appreciate it.

BLUMENTHAL: Thank you.

BROWN: And you are live in the CNN NEWSROOM. The historic impeachment trial may be over but Donald Trump's legal troubles are far from behind him. Our Kara Scannell is standing by with new reporting on that for us tonight. And also ahead, the CDC's a long awaited guidance on safely reopening schools. What it could mean for 99 percent of children in the U.S. We'll be back.

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BROWN: And we're following more breaking news tonight. Deputy Press Secretary at the White House TJ Ducklo has resigned after being suspended for threatening a reporter over a story about him. CNN White House correspondent Arlette Saenz and Chief Media correspondent Brian Stelter join me now.

So Arlette, starting with you, what are you hearing?

ARLETTE SAENZ, CNN WHITE HOUSE CORRESPONDENT: Well Pamela, we're learning that TJ Ducklo who was the Deputy Press Secretary over at the White House has resigned from his position after making threatening remarks to another reporter who was working on a story about a romantic relationship he was having with a separate reporter.

White House Press Secretary Jen Psaki tonight released a statement saying we accepted the resignation of TJ Ducklo after a discussion with him this evening. This conversation occurred with the support of the White House Chief of Staff. She added we are committed to striving every day to meet the standards set by the president in treating others with dignity and respect.

Now Ducklo has also released a statement of his own where he said "No words can express my regret, my embarrassment and my disgust for my behavior. I used language that no woman should ever have to hear from anyone especially in a situation where she was just trying to do her job." He later says, "I know this was terrible. I know I can't take it back but I also know I can learn from it and do better."

Now these reports that he had made these threatening remarks to a female reporter came out yesterday and the White House had said they were suspending him for one week without pay and so this is a pretty quick resignation from the Deputy Press Secretary but one question that has still come up during this whole process is why they waited to suspend him until a story came out about it.

This is something that the White House had known about for a few weeks and had been speaking with the reporters out outlet that had been involved about that issue but tonight there is that resignation from TJ Ducklo from the White House.

BROWN: Right and especially against a backdrop Brian, of course of Biden saying, on one of his first days in office is that if you ever knew of a colleague or anyone disrespecting another colleague or someone else, that they would be fired on the spot. The White House knew about this situation since January 28 and then he was suspended yesterday after Vanity Fair pointed out all the despicable language that he used with this female reporter.

And now he is resigning. What do you make of all of this?

BRIAN STELTER, CNN CHIEF MEDIA CORRESPONDENT: Right, it sure sounds like this is a situation where he was pushed, where he was shoved or where he knew he had to leave because he had lost the support of the White House team. Biden did say very early on if you're ever working with me and I hear you treat another person with disrespect, talk down to someone, I promise I will fire you on the spot. That was Biden's commitment from day one.

So unlike of course the former President Biden raised the bar very, very high and this is an early test about how the White House is actually going to handle these situations when someone does treat another person with disrespect. In this case Vanity Fair said that TK Ducklo said to the political reporter, I will destroy you.

Apparently accused her of being jealous and so there was a lot of unacceptable behavior from him. Obviously, the relationship between reporters and PR people can be very rough and tumble and can be very intense but there's no excuse for misogyny and Ducklo seems to be admitting that in his resignation statement but this is in some ways, the first test of the Biden White House, how are they going to handle a personnel matter and you know believably after 36 hours, well after 32 hours of scandal, Ducklo has resigned. [19:20:00]

BROWN: It is a test but again, I mean they knew for weeks what he said. They knew what was reported in the Vanity Fair article, the White House knew all of that, right? Correct me if I'm wrong Arlette but then the public found out yesterday, is that right Arlette?

SAENZ: Yes, that's right. The White House had been made aware of these comments that had been made and Jen Psaki, the White House Press Secretary was asked about that yesterday and she said that they had been handling it in a private matter during that period.

So there was some time between that Vanity Fair article coming out and when the White House had actually learned about it, that any action was taken against Ducklo.

BROWN: All right, Arlette, Brian, thanks for coming on. Appreciate it. And stay with CNN for more breaking news, coverage on Donald Trump's acquittal. A historic day here in Washington. It was the shortest impeachment trial in history but it was not short on surprises.

Former Democratic impeachment counsel Norm Eisen joins me next as well as a former adviser to four presidents David Gergen. We'll be right back.

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(BEGIN VIDEO CLIP)

MCCONNELL: President Trump is still liable for everything he did while he was in office. As an ordinary citizen unless the statute of limitations is run, still liable for everything he did while he was in office. Didn't get away with anything yet.

(END VIDEO CLIP)

BROWN: That is the most powerful Republican in the U.S. Senate, Minority Leader Mitch McConnell saying "Donald Trump hasn't gotten away with anything." As you just heard there, despite today's Senate acquittal which McConnell supported. Let's bring in CNN reporter Kara Scannell. Kara, so the breaking news headline is Trump acquitted but he has other legal concerns that are alive and well that you're learning about. What can you tell us?

KARA SCANNELL, CNN REPORTER: He does Pam and as our colleague Kaitlan Collins was reporting tonight the Trump has privately voiced concerns about being charged in connection with the riot and insurrection on the capitol. The Department of Justice has already charged more than 200 people in connection with the riot and he is concerned that he could be among them.

Now he already is facing two other criminal investigations in Georgia, the Fulton County district attorney's office opened an investigation this week. They're looking into the former president's efforts to overturn the election, specifically they're looking at the phone call that the president - the then president had made to the Secretary of State Brad Raffensperger in which he told him to find the votes, enough votes to overturn that.

He's also facing a serious criminal investigation in New York by the Manhattan district attorney's office. They are conducting a sweeping investigation into the president's finances, looking at everything from possible violations of tax fraud, misleading lenders as well as other schemes to defraud.

Now while those investigations could potentially you know affect the former president's freedom, there are a number of other civil investigations that could affect him financially. You know there is the DC Attorney General who has filed a lawsuit against the former president and saying that he had misused funds used for that presidential inauguration and that there is also a civil investigation in New York by the New York Attorney General.

He's also facing two defamation lawsuit by two women who have accused him of sexually assaulting him. Those investigations and lawsuits will likely go forward and those could really impact the president financially at a time when his business is also struggling because of the pandemic, Pam.

BROWN: So it makes sense that he has concern then about legal exposure even after today's acquittal. All right Kara Scannell, thanks for breaking it down for us. We appreciate it and now I want to bring in CNN Legal Analyst Norm Eisen joins me now. He served as impeachment counsel for House Democrats during Trump's first trial.

And also with us is CNN Senior Political Analyst and former adviser to four presidents David Gergen. Gentlemen, great to see you both.

Norm, I want to start with you. Do you think the Democrats laid out a road map during the impeachment trial for prosecutors for criminal prosecutors?

NORM EISEN, FORMER IMPEACHMENT COUNSEL FOR HOUSE DEMOCRATS: Pamela, thanks for having me back on the show. I do think the Democrats did a brilliant job this week of showing that Donald Trump had built up a long pattern of incitement that included the article of impeachment and their proof included the call to Brad Raffensperger, can you find 11,780 votes, one more than necessary to win.

And then they showed on January 6 that his incitement culminated not just with his words of the lips speech but his inaction and his actions after that. That's why that witness debate was so important today. It revealed focused on his conversation, Donald Trump's conversation with the House Minority leader Kevin McCarthy showing his intent to incite this insurrection.

That is a road map that prosecutors and civil litigants will be following for years as the Senate minority leader Mitch McConnell invited tonight. BROWN: And we're going to talk more about Mitch McConnell and I'm

curious what you think about that because Mitch McConnell left the door open for criminal liability David, as you heard him talk on the floor. He left that open. He basically said look, I don't believe the Senate is the venue to hold Trump accountable but the criminal system is, the legal system is.

[19:30:03]

BROWN: Do you think that that gave cover to Biden's Department of Justice to investigate Trump and to go after him in that way?

DAVID GERGEN, CNN SENIOR POLITICAL ANALYST: Yes, certainly, the Department of Justice and F.B.I. have reasons to investigate Trump. There were some of the reporting that has come out so far that says they are reluctant to go down that path, that they're not really making the center of investigations. But let's wait and see.

I don't think you can read too much into Mitch McConnell. He is a very clever man, as you well know. This case ultimately turned and Norm knows this so well. He has ultimately turned on the Republicans saying he has put Trump out of office, and therefore we cannot hold him accountable.

Well, why was he -- why was this being done when he was out of office? Because Mitch McConnell's settlement papers didn't make the process work until, you know, until Trump was out of office. So then he could argue, well he is out of office, so no -- no, we can't hold him guilty, and he had to hide behind the technicality throughout the proceedings.

BROWN: Right, and again, his office is saying, well, look, the verdict would have never come while Trump was in office. Case and point, this was 19 days, he wouldn't have still been in office. But it does raise the question of what McConnell set up against some of those Republicans, Norm that did vote initially that the trial was unconstitutional, but then voted to convict Trump, because like Senator Burr said, look, once the Senate made that decision, that was Senate precedent, and therefore I focused on the facts in voting to convict, which is totally different from McConnell.

EISEN: Yes. Pamela, let's be clear that, as David pointed out, you know, McConnell's politically convenient logic. This whole argument that the Senate cannot try a President who was impeached while he was in office, afterwards is constitutional poppycock.

It wasn't just decided by the Senate a few days ago, it was decided in the 18th Century in the Blount case, and then again in the 19th Century in the Belknap case.

It was a binding precedent of the Senate. It was also clear in the text of the Constitution, the original intent of the framers, the structure and purpose of the Constitution.

That argument was a makeweight for these shameful 43 Republican senators who did not honor their oath as jurors to follow the law and the facts to the only possible conclusion: Donald Trump committed a high crime and misdemeanor by inciting an insurrection, and the proof that came out was so definitive, so shocking, so overwhelming, that both civil litigants and prosecutors starting with Fani Willis, the very capable DA, very experienced trial lawyer in Georgia, but not just Georgia, Pamela, this was a nationwide conspiracy and any place where the conspiracy happened to any state, Donald Trump was a part of it, and he is potentially allegedly liable.

BROWN: David, this was the shortest impeachment trial in history and also the most partisan, how do you think history will look back on what we just saw?

GERGEN: I think history will record that in fact, there were some good things and you know, particularly the House Managers, I think, did a superb job. And the country has been now exposed with very graphic ways, both through the words, but also through those very, very good camerawork, that they were able to pull together, and I think that made a difference.

You know, it's also true that the solution or the resolution of this, it pretty much reflects where the country is, where the population is.

On Tuesday, as we were going into the trial, CBS released a poll that said 56 percent of Americans wanted to see Trump convicted. Guess what? Fifty seven percent of the senators held him guilty. So I think that in some odd way, this just came out about the way the country was looking for.

But I must tell you from historical standpoint, I still think that there is going to be a lot of negative feelings about this. After all, it was so clear that Trump did incite this and it made Mitch McConnell in effect, you know, said so himself.

BROWN: He said, that I mean, Mitch McConnell said it.

GERGEN: Yes, absolutely. I mean, you know, once he got cast his vote, and he voted against a conviction, and he sort of said, by the way, I agree with everything I just -- I have this technicality that we need to observe and that's why I went down.

Well, that is just -- it is not a satisfying solution. To leave Trump in charge of the unfortunate party is not a satisfying solution. We have still -- we haven't held anybody as a ringleader for this whole assault on the Capitol. That is not a satisfying resolution.

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GERGEN: So I don't think this will go down in history as a terrific moment of bipartisanship. I think, we are still struggling to work together across party lines.

This country is still stuck with political leaders can't get big things done together.

BROWN: Yes. And you're seeing -- you're already seeing some of the republicans like Senator Cassidy get censured or condemned by their local -- the local Republicans in their states for their vote.

Norm Eisen, David Gergen, thank you both for coming on sharing your wisdom, your experience and your perspective. Thanks so much.

EISEN: Thank you.

GERGEN: Thank you, Pamela.

BROWN: And our breaking news continues tonight, the Senate votes to acquit former President Donald Trump in his second impeachment trial. Trump's former National Security Adviser, John Bolton joins me next.

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[19:40:16]

BROWN: Well as the Senate voted to acquit Donald Trump for the second time, CNN is learning new details about what Trump knew and when he knew it during the Capitol riot on January 6 about his Vice President.

A person who was with the President that day tells me that Trump was briefed multiple times on Vice President Pence being evacuated to a secure location. Trump expressed concern about Pence's safety to his aides, according to General Keith Kellogg, who was with Trump that day and in touch with Pence's camp, but multiple sources confirmed to me that Trump never reached out to Pence directly.

And as we know, he also tweeted at Pence telling him he didn't have courage during the riots and very early on.

I'm joined now by someone who spent time in the Oval Office with President Trump, his former National Security adviser, John Bolton. His bestseller is "The Room where it Happened: A White House Memoir."

Ambassador Bolton, thanks for coming on.

JOHN BOLTON, FORMER NATIONAL SECURITY ADVISER: Well, thanks for having me.

BROWN: I first want to get your reaction to what I was told today by General Kellogg who you know from working at the Trump White House, he said he briefed Trump multiple times about Pence during the riots.

Kellogg claims that Trump expressed concern about his whereabouts, yet he never contacted his Vice President. What is your reaction to that?

BOLTON: Well, it doesn't surprise me that the Trump didn't try and get hold of Vice President Pence. I think Trump thinks about himself before anything else, and so I don't find it surprising at all.

But I would say that this question of what exactly Trump did before the demonstration turned into a riot on January the 6th and after it could be very important to a potential criminal prosecution. It could have been very important to the impeachment proceedings as well, but the impeachment advocates wanted to go very quickly, even after they made the argument they could continue after Trump left office and they didn't pursue any of these possibilities.

BROWN: Okay, so just what do you mean by that more specifically, they didn't pursue these possibilities. What do you think they should have done?

BOLTON: Well, you know, it's up to them. They're the ones advocating impeachment, but they didn't seek to show any connection between Trump and the rioters other than the speech itself. They didn't try and show -- they didn't even make it really into an Article of Impeachment that Trump was derelict in his duty as Commander-in-Chief after the riot began, after they broke -- the rioters broke through the perimeter and began to get into the Capitol.

I find it entirely believable that Trump spent the afternoon watching television. I can see that in my mind's eye very, very easily. But that's a failure to do his duty that I think also, certainly could have been argued as a different Article of Impeachment, but they didn't pursue that either.

BROWN: Yes. And they also -- they did show also Trump supporters who were there rioting, part of the insurrection on the Capitol Building, saying they were there because Trump told them to be there as well. But you're saying they should have brought a different article.

Let me talk about a key argument from the House Impeachment Managers was that Trump has shown no remorse. And if given the chance he would do this again. You have argued that Trump was a danger to this country as President, should he be allowed to hold office again?

BOLTON: Well, I hope not. But I think that the ultimate legitimacy in our constitutional system to make that decision is the citizenry, and, you know, the idea that even if they had been able to convict Trump that they could have held him accountable by disqualifying him from future Federal office, even if you believe that's constitutional, which I do not, the Constitution itself doesn't prevent Trump from running for office.

It wouldn't prevent him, for example, from getting on the ballot in the New Hampshire primary in 2024. It wouldn't prevent him from winning the New Hampshire primary. It wouldn't prevent him from winning the Republican nomination for President. It wouldn't prevent him from being on the ballots in November.

This is something that I think we all want to avoid, at least I certainly want to avoid it. The question is, what's the best way to do it? I think the best way to do it is to ignore Donald Trump.

BROWN: Right. Ignore Donald Trump. All right, well, he released a statement today saying he's going to be back -- back in public view now that the trial is over. But to your point about 2024 will of the voters, are you concerned, given your position on Trump that the acquittal today, his second acquittal from the Senate will only galvanize his supporters and actually help his political future?

BOLTON: Oh, I think it will help his political future. It feeds the narrative that he is being picked on by the Deep State and the Democrats. It's part of the witch hunt.

Part of the prudential question here is not how to hurt Donald Trump, which is what the impeachment advocates wanted to do, but what's best for the country and I think what's best for the country is to drop Donald Trump into the memory hole, which we're not doing talking about him endlessly, day after day.

[19:45:16]

BROWN: Well, the Impeachment Managers said, look, this is for the future. This is for the future to show that the President can't just get off scot-free and not be held accountable in their view for inciting the riot. So they made the argument that this was about the country.

You clearly think that everyone should ignore him. Mitch McConnell is trying to sort of walk a fine line here. Here's what he said today.

(BEGIN VIDEO CLIP)

SEN. MITCH MCCONNELL (R-KY): President Trump is still liable for everything he did while he was in office as an ordinary citizen, unless the statute of limitations is run, still liable for everything he did, while he's in office, didn't get away with anything, yet.

(END VIDEO CLIP)

BROWN: So what is your reaction to that?

BOLTON: Well, I think that's right. I think Trump is susceptible to criminal prosecution both for the events of January the 6th and their antecedents and what followed, but also potentially civilly liable as well.

So I think he has a lot of problems going forward. I think people have to understand that saying that it was unconstitutional for the Senate to try the impeachment is not the same as supporting Donald Trump.

The Constitution is foundational, and I've heard all day long today, people saying, oh, the Republicans relied on a technicality. I mean, I can't speak for all 43 Republicans, I can speak for myself. The Constitution is not a technicality.

The day a majority of the American people believe it's a technicality, or freedom is in deep jeopardy.

BROWN: OK. But then other Republicans like Senator Burr, said, look, that that was already a settled issue by the Senate. They voted -- a majority voted it was constitutional. So then they had to vote based on the facts. So you also had that saying look, it had already been a settled issue, even though I didn't think it was constitutional.

Let me just ask you before we let you go, former Presidents are often --

BOLTON: No, but let me just say that's -- BROWN: Go ahead.

BOLTON: That's that argument is incorrect. If you don't think the Senate has jurisdiction, you shouldn't act. That's what -- that's, I think the only logical conclusion, if you don't have jurisdiction, you don't have power.

BROWN: Even though the Senate voted on Tuesday that it was constitutional, you don't believe that that created the precedent moving forward?

BOLTON: Of course not. The Senate can't amend the Constitution itself. You know, in the late 70s and 80s, we had hundreds of provisions called legislative vetoes. We had decades of precedent of Congress trying to stop executive branch action by House vetoes, committee vetoes.

In one decision, the Supreme Court swept hundreds of legislative vetoes aside, the Senate doesn't establish constitutional precedent for itself.

BROWN: OK. All right, John Bolton, thank you very much for coming on the show. We appreciate it.

BOLTON: Thank you for having me.

BROWN: We will right back.

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[19:52:35]

BROWN: Well, the U.S. has just reached another terrible coronavirus benchmark. More than 480,000 Americans have lost their lives to COVID- 19 and a new model forecast that that number will grow to more than 600,000 by June 1st.

And then there's this new development. Today, the C.D.C. made it clear it is not recommending that a negative COVID test be required before someone can board a domestic U.S. flight. Here is CNN's Natasha Chen with more coronavirus developments.

(BEGIN VIDEOTAPE)

NATASHA CHEN, CNN NATIONAL CORRESPONDENT (voice over): The U.S. is now averaging under 100,000 new coronavirus cases per day. The seven-day moving average hasn't dropped this low since Election Day, and more than 48 million doses of the vaccine have been administered, but the daily death count is still bleak.

In the meantime, new details surrounding a report out of New York could spell trouble for Governor Cuomo. The State's Attorney General said in late January, New York's Department of Health undercounted the deaths in nursing homes by about 50 percent.

On a call with lawmakers, the Governor's top aide says the administration delayed the release of data on COVID-19 deaths of long- term care facility residents because of concerns about a potential Federal investigation. Fourteen state senators are calling for Governor Andrew Cuomo's emergency powers to be repealed.

ROSEMARY MORRISSEY, PARENT DIEDE OF COVID-19 IN A NEW YORK NURSING HOME: And here's a picture of my mom and dad.

CHEN (voice over): And people like Rosemary Morrissey, who lost a parent in a nursing home to COVID-19 are angry.

MORRISSEY: I think we've been lied to since day one, and it is very upsetting because a lot of us have lost our loved ones and can't even have confidence and our government to be telling us the truth.

CHEN (voice over): Meanwhile, the Federal government is now telling school districts how to reopen safely. The C.D.C.'s guidance includes color coding the level of transmission in the community, suggesting that in high or red transmission areas, middle and high school students learn virtually and elementary students have a hybrid model or reduced in-person attendance.

But according to CNN analysis of Federal data, about 99 percent of children in the U.S. live in a county that would be considered a red zone.

The President of the Philadelphia Federation of Teachers said they are encouraged by the C.D.C. guidelines because it recognizes the need for a multilayered approach.

The C.D.C. says safe in-person learning can happen with extensive safety protocols, such as learning pods along with quarantining and contact tracing. But the guidance does not require all teachers to be vaccinated.

[19:55:19]

DR. ROCHELLE WALENSKY, C.D.C. DIRECTOR (via phone): Really what we're trying to do is make sure that there is limited to no transmission in the schools and we believe that the strategies that we have put forward that there will be limited to no transmission in the schools if they are followed.

CHEN (voice over): Natasha Chen, CNN, Atlanta.

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