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Biden Hits Road for First Time as Clock Ticks on COVID Relief; Lawsuit Says, Trump, Giuliani Accused of Conspiring with Far-Right Extremists; Sen. Ron Johnson (R-WI) Says Armed Attack on His Workplace Wasn't. Aired 1-1:30p ET

Aired February 16, 2021 - 13:00   ET

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

JOHN KING, CNN INSIDE POLITICS: Were ultimately abandoned.

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The organization though claims there were no conditions on giving that money and then insists those donations were properly spent.

Thanks for your time today. I hope to see you back here this time tomorrow. Don't go anywhere, a busy news day. Brianna Keilar picks up our coverage right now. Have a good day.

BRIANNA KEILAR, CNN RIGHT NOW: Hello, I'm Brianna Keilar, and I want to welcome our viewers here in the United States and around the world.

It is an important first for President Biden tonight on the road before an audience and facing important questions that need answering. As the president promotes his ambitious plan to rein in the deadly pandemic, to treat the ailing economy, and treat the millions of Americans who urgently need it after nearly a year in crisis.

Tonight is Biden's chance to confront the challenges live before America. He will be answering questions at a CNN town hall in Milwaukee, which is going to be on his first official trip as president.

CNN's Senior Political Analyst Mark Preston is at the Pabst Theater where the town hall gets under way tonight at 9:00 Eastern. And, mark, tell us what we can expect to hear.

MARK PRESTON, CNN SENIOR POLITICAL ANALYS: Well, what we're going to see tonight is we're going to see residents of Milwaukee, and from the surrounding area here in Wisconsin, they're going to come out and ask President Biden specific questions about what you're talking about, what is he going to do about trying to curb the spread of COVID, what is he going to do about trying to make people whole economically who have been out of jobs, unable to pay their bills, not able to pay rent, and then also what is he going to do to jump start it.

Now, what's interesting, Brianna, as you this is his first trip as president. He hasn't even been in office for more than a month, less than a month. Actually, he's just been there for a few weeks. So we'll see Joe Biden really making the case to the American people, specifically to try to get this $1.9 trillion COVID relief bill through, which is definitely having some opposition in Congress right now. He's going to make that case tonight.

KEILAR: And, Mark, the president really hasn't said much about Donald Trump's acquittal on Saturday. Do you think he'll be talking about it tonight?

PRESTON: I don't think he wants to talk about it. In fact, talking to his advisers, they say, look, he wants to get on with where we are right now and get better. We want to turn the economy around. He wants to be able to talk about COVID and talk about the mitigation efforts that they're taking and what people can do to help stop it. He doesn't want to talk about Donald Trump.

For him, Donald Trump, certainly, once he won the election until he was inaugurated, was really just somebody who was causing a lot of havoc, a lot of white noise. Joe Biden, from what I understand, does not want to deal with that anymore. He wants to get on with his own presidency. Brianna?

KEILAR: All right, onward. Mark Preston in Milwaukee, thank you so much for that.

And it is certainly a safe bet that the president is going to be asked about vaccines. This morning, Dr. Anthony Fauci told CNN the vaccines might not be widely available for the general public until May or June, which is nearly two months later than officials had hoped for. Still, the Biden administration appears to be on pace to hit its goal of 100 million vaccinations in 100 days and it wants enough doses for 300 million Americans by the end of July. So that would be about 90 percent of the country.

CNN's Senior Medical Correspondent Elizabeth Cohen joins me now. This is what every wants to know about, Elizabeth, when will I be able to get vaccinated. How has the Biden administration been doing so far does with the vaccine rollout?

ELIZABETH COHEN, CNN SENIOR MEDICAL CORRESPONDENT: Yes. Certainly, Brianna, there's more vaccine out there than there was when Biden became president on January 20th but still it's obviously not enough, because, as Dr. Fauci said, we're not looking until sort of the summer or early fall when we'll really have this under way as everybody wants it to be.

But let's take a look at some specific numbers since Biden became president. So, as a starting point, when he became president, there was about 8.6 million doses per week going out there. Then -- going out to the country. And then on January 26th, there was an announcement it would be up to 10 million a week. And then, as you can see, it got bigger and bigger, so that just today, we're getting an announcement there will be 13.5 million. That's an increase, if you look from January 20th until today, of 57 percent. That's quite a bit. But still, it is not enough for everyone who wants one. Americans, unfortunately, will have to remain patient.

KEILAR: So there is an increased supply. Where is this coming from?

COHEN: It's coming from both Pfizer and Moderna. Those are the two vaccines that are currently on the market. And it's almost about half and half, a little more Pfizer. And I think what people need to remember is that, first of all, vaccines are tough to make. It's not like saying, let's make more of this blood pressure drug or this cholesterol drug. Vaccines are tricky. And this type of vaccine, not just because it's COVID-19, but this mRNA vaccine, it has never been made on a massive scale before.

So these companies are learning as they're going. The Biden administration says they're getting help from the Defense Production Act.

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But, still, they are learning as they're going, and they're increasing as they're going.

KEILAR: All right, never enough, that's what we have learned about the vaccine though. Elizabeth, thank you so much, as always, Elizabeth Cohen.

And a reminder that President Joe Biden will be joining Anderson Cooper live from Milwaukee in an exclusive presidential town hall that is going to begin tonight at 9:00 P.M. Eastern.

And we do have some breaking news. A new kind of legal fight for former President Trump over the siege on the Capitol on January 6th. Just three days after the Senate acquitted him in his second impeachment trial, he is now being sued for inciting the insurrection in a first of its kind lawsuit that also names his former attorney, Rudy Giuliani.

Democratic Congressman Bennie Thompson, who is chair of the Homeland Security Committee, is filing this suit with the backing of the NAACP. His suit says that Trump and Giuliani conspired with far-right groups, the Oath Keepers and also the Proud Boys, to incite the attack.

Thompson is citing a rarely used federal statute which was passed after the civil war. It's called the Ku Klux Klan Act of 1871. And it was created to combat violence by the white supremacist group. The suit says in violation of that law, quote, the defendants conspired to prevent by force, intimidation and threats, the plaintiff as a member of Congress from discharging his official duties to approve the count of votes cast by members of the Electoral College following the presidential election held in November 2020.

Let's get more on this now with CNN Justice Correspondent Jessica Schneider. Jess, what is Congressman Thompson's lawsuit seeking here from the former president and Rudy Giuliani?

JESSICA SCHNEIDER, CNN JUSTICE CORRESPONDENT: Yes, Brianna. So this is a civil suit, and it is seeking monetary damages from Trump and Giuliani. But what's even more significant about this whole case is that if this moves forward, it could subject the former president and others to depositions, which may lead to the disclosure of other information that could expose details on what Trump knew about this attack, both before and during the insurrection. This lawsuit has been filed in D.C. federal court, of course, just three days after Trump was acquitted in the Senate. And even though top Republican Mitch McConnell voted to acquit on Saturday, the words he spoke afterward or actually referenced in this lawsuit to back the claim that litigation is necessary here to uncover what really happened and to hold Trump accountable.

So, here is what Mitch McConnell said on Saturday.

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SEN. MITCH MCCONNELL (R-KY): We have a criminal justice system in this country. We have civil litigation. And former presidents are not immune from being accountable by either one.

(END VIDEO CLIP)

SCHNEIDER: So this lawsuit is using those words from the Republican to back up their claims.

This is a conspiracy complaint, Brianna. It alleges that Trump and Giuliani worked with the far-right groups, Proud Boys, the Oath Keepers, to incite this insurrection. And to make this claim in this about 30-page lawsuit, it traces Trump's words and his actions and even the months leading up to the insurrection. It details how Trump and Giuliani spouted what's being labeled as misinformation in this lawsuit, angry rhetoric, for weeks before and then after the election.

And in one part of this lawsuit, it actually accuses Donald Trump of delaying his speech on the Ellipse that day, January 6th, also members of the Proud Boys could advance to the Capitol and better plot their attack.

Now, Brianna, this is not a claim backed up by any evidence in the suit, but it is part of this broader conspiracy claim with these details here.

Now, we have heard from Trump's spokesman, Jason Miller. He released a statement just a few minutes ago saying, President Trump has been acquitted in the Democrats' latest impeachment witch hunt and the facts are irrefutable. President Trump did not plan, produce or organize the January 6th rally on the Ellipse. President Trump did not incite or conspire to incite any violence at the Capitol on January 6th. And he goes on in the statement to talk about how Nancy Pelosi and Mayor Bowser here in Washington should be called for questions about rejecting additional security. But that's what we've seen from the Trump team, sort of trying to shift this blame.

Brianna, we have also reached out to Rudy Giuliani, and I am told today that House Speaker Nancy Pelosi that was briefed on this lawsuit filed by Democratic Congressman Bennie Thompson, and that other members of Congress are expected to join this lawsuit.

So we'll see how it goes in court, whether or not this survives any motion to dismiss, but it could get interesting if the president and others are subject to these depositions. Brianna?

KEILAR: Very interesting indeed. And we're going to find more out about that in just a moment here. Jessica, thank you so much for that report.

One of the attorneys who helped to file Congressman Thompson's lawsuit is with us now. Anthony Ashton is an NAACP Director of Affirmative Litigation.

Okay, Anthony, let's go through this. What is your allegation in the suit about how Donald Trump and Rudy Giuliani conspired with the Proud Boys and Oath Keepers?

ANTHONY ASHTON, NAACP ATTORNEY WHO HELPED FILE LAWSUIT AGAINST TRUMP AND GIUGLIANI: Well, I would say that if you look at the complaint, try to lay it out clearly there, it's a matter of this was not something that was spontaneous, that happened in one day.

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This took place over probably since the moment the election occurred, and in which there was this big lie that was perpetuated. There were calls for violence. There were calls for the idea of trying to disenfranchise, in particular, disenfranchise those groups who voted against the former president.

We know that in large part, it was African-Americans who turned out -- who turned out in historical numbers to vote. And we see this as the endgame of a long, planned attack on the democratic system and particularly on trying to disenfranchise those African-American voters as we saw throughout the process.

It was those areas that had significant African-American voters that were repeatedly attacked by the former president and this was -- basically, this was the culmination in the last-ditch effort to try to disenfranchise those who had voted against him.

KEILAR: The lawsuit alleges a conspiring between the Proud Boys and the Oath Keepers, and between then-President Trump and Rudy Giuliani. Will you be seeking to depose Mr. Trump, Mr. Giuliani, members of the Proud Boys, members of the Oath Keepers?

ASHTON: I would say that it's our goal and part of the discovery process in all litigation to depose defendants, to depose those with knowledge, to seek discovery. The fact that someone used to be the president of the United States does not make them immune from deposition. It does not mean that they are not subject to the same laws, the same rules as everyone else.

So in this matter, it would be the same as if it was any other defendant, that when you're being sued, you're subject to deposition.

KEILAR: You heard our reporter there, Jessica Schneider, highlight part of the case that alleges or part of the filing that alleges that President Trump delayed his speech in order to allow extremist groups to get closer to the Capitol. What kind of evidence will you offer of that?

ASHTON: Well, I would say that we wouldn't have put anything in the complaint unless we had a legal basis for it, a factual basis for it. As facts unfold, more information will become available, and we are at the very beginning or infancy of this lawsuit. We have some information now, which, I think, we have put as much in the complaint as we feel comfortable putting in. And when the -- as discovery continues, more information will come out.

Finally, people will be under oath and be required to testify truthfully and be subject to the penalties of perjury. And at that point, there will be more information that will be forthcoming.

KEILAR: When you do talk about this coordination, I mean, this is going to be such an important part of what you would have to prove if this proceeds. You mention, I mean, clearly, the president was speaking publicly. He was certainly propagating a lie about the election being stolen and talking about, you know, specific cities and states.

But when it comes to, say, communication between, say, Trump and Giuliani and these extremist groups, do you know of any emails or texts or any communication, any coordination beyond the president, what he would say in speeches and publicly and in tweets?

ASHTON: Well, I would say, at this point, I don't have access to private emails that were sent. But I think it's important to remember that for purposes of conspiracy, it's the proof -- the requirement is to show that there was a common plan.

I don't think there's any question that there was a common plan here. The plan and the desire and goal was to prevent the Congress from doing its duty, to prevent them from counting the certified electoral ballots from each state and the District of Columbia.

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I don't think there's any question about that.

So as far as the conspiracy, as far as the meeting of the minds with a common purpose, I think that there are plenty of facts already within public knowledge to show that.

KEILAR: Anthony, thank you so much for being with us, Anthony Ashton.

A Republican senator says the attack on the Capitol was not an armed insurrection. We'll roll the tape.

Plus, the devil's army, a Republican congressman reveals the bonkers letter that he got from his own family after he voted to convict Donald Trump in his impeachment trial. We're going to share that with you.

And a new study suggests some COVID survivors are ending up with eye problems. This is CNN special live coverage.

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KEILAR: For the purpose of our next segment, I would first like you to imagine something. An intruder breaks into a home in broad daylight. The family inside is caught off guard. The intruder has forced their way in. They are behaving erratically and violently. They are ransacking the house, hunting for someone, saying racist things, vowing to kill. It's not immediately clear if they're armed with a gun, but it doesn't really matter. The intruder is clearly dangerous. Multiple people die during this attack.

The family escapes, lucky to be uninjured. And then afterward, one of the family members does a very odd thing. They downplay the attack, saying it didn't seem that bad, that it didn't seem like an armed break-in. That sounds ridiculous, right?

Well, meet Senator Ron Johnson.

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SEN. RON JOHNSON (R-WI) (voice over): One thing, this will get me in trouble, but I don't care. Again, I condemn what happened. I mean, it was reprehensible, never should have happened. But there were groups of agitators that were the tip of the spear that caused that, not the tens of thousands of Trump supporters who would never even contemplate that, and, quite honestly, where the video is edited, where people are helping police, okay?

But the fact of the matter is, this didn't seem like an armed insurrection to me. I mean, armed, when you hear armed, don't you think of firearms?

Here is the questions I would have liked to ask. How many firearms were confiscated? How many shots were fired? I'm only aware of one. And I'll defend that law enforcement officer for taking that shot. It was a tragedy, okay? But I think there was only one. You know, if that was a planned armed insurrection, man, you'd really a bunch of idiots.

(END VIDEO CLIP)

KEILAR: This argument is asinine on every level, but let's start with the basics. Whether it was an armed insurrection or not, since Senator Johnson seems confused, here are just some of the weapons that were confiscated or seen being used, A baseball bat, a fire extinguisher, a wooden club, a spear. That's right, a spear. Crutches, a flag pole, bear spray, mace, chemical irritants, stolen police shields, zip ties, knives, wooden 2 x 4s, a hockey stick.

One of the suspects who made it into the Capitol could be seen with a weapon in his holster, it was a taser. And he told law enforcement that he had it for protection. Also found a short distance from the Capitol complex, pipe bombs at the RNC and DNC headquarters, which, by the way, no one has been arrested for those.

But the FBI wants to talk to this man, and the reward to find him is up to $100,000. One suspect facing multiple weapons charges is accused of possessing five guns, hundreds of rounds of ammunition, 11 Molotov cocktails, a cross bow, smoke bombs and a stun gun. Law enforcement found the items in his truck near the Capitol.

Police escorted another guy from the Capitol after finding two guns on him, one, a 9 millimeter handgun with a single round in the chamber, the other with a fully loaded 12-round magazine. He was wearing a bulletproof vest and carried a gas mask, a pocket knife, and an MRE, as if he was prepared for war or a siege.

The feds arrested another guy who threatened to kill House Speaker Nancy Pelosi, Cleveland Grover Meredith. Inside the trailer hitched to his nearby truck, police found hundreds of rounds of ammunition, three handguns, an assault rifle, and text messages in which he talked about heading to D.C. with a, quote, shit ton of armor-piercing ammo. His attorney said his client was joking but the judge wasn't laughing. He ruled Meredith should remain in jail until his trial. The judge saying, quote, if I had more concerning threats case come before me, I don't remember it.

But on the question of whether the rioters were armed, don't take my word for it and certainly don't take Senator Johnson's. Listen to what officers said in real-time during the attack.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: They're throwing metal poles at us.

UNIDENTIFIED MALE: Cruiser 50. Give me DSO up here now, DSO. Multiple law enforcement injuries, DSO get up here.

Cruiser 50, I copy, we're still taking rocks, bottles and pieces of flag and metal pole. Cruiser 50, the crowd is using munitions against us. They have bear spray in the crowd.

Cruiser 50, we've lost the line. We have lost the line. All MPD step back.

We have been flanked and we've is lost the line.

(END VIDEO CLIP)

KEILAR: It is the most illogical part of Senator Johnson's claim.

(BEGIN VIDEO CLIP)

JOHNSON: When you hear of armed, don't you think of firearms?

(END VIDEO CLIP)

KEILAR: Yes, but also other weapons like those used on one of America's darkest days, 9/11.

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Would Johnson argue the 9/11 hijackers weren't armed because they didn't have guns? He's a member of a party that was defined by its so- called war on terror, and here he is defending insurrectionists, downplaying the threat that they posed, and continue to pose, even after they walked into his house and in most cases they walked right out, freely, uninjured, alive.

That's a key point that Senator Johnson misses as he claims that this was not an armed insurrection. The majority of the insurrectionists who breached the Capitol left without being detained or questioned or searched for weapons. So we can't know the full scope of the weapons that were present during the attacks, but we do have part of the picture.

According to the U.S. Attorney's Office, at least 14 suspects are facing federal charges of bringing or using dangerous weapons inside the Capitol. Two of them are facing firearms charges.

But the inescapable fact that really butts heads with Johnson's downplaying of the insurrection is this, people died during the attack, five people, including a police officer who was there to protect the Capitol and lawmakers. Would Senator Johnson bloviate about whether the attack was really all that bad before the family of Brian Sicknick or his colleagues who were injured, gouged, threatened?

This crowd's actions ended in death, injury, property damage and terror. They broke windows. They destroyed parts of the Capitol. They scaled walls.

In another radio interview, Senator Ron Johnson also made this comment, quote, the one guy in the Senate chambers there, he had plastic wrist ties, what was he expecting to do, literally go up to Mike Pence and capture him? It's absurd.

No, it's dangerous. That man seen with flex cuffs on the floor of the Senate is retired Air Force Resreve Officer Larry Wendell Brock. And the assistant U.S. attorney prosecuting the case alleges that man was aiming to take hostages and, quote, perhaps execute members of the U.S. government. His attorney has not returned our calls.

The day of the insurrection, Donald Trump himself made Vice President Mike Pence, who was overseeing the certification of the Electoral College count in the Senate chamber a target. He lied to crowds that Pence could overturn the election if only he had the courage. Not only did a suspect in the Capitol attack say he would kill Mike Pence if he found him, it was a feverish chant within the crowd.

They said they wanted to hang him, that they wanted to hang the vice president. There was a noose outside the Capitol. And Pence made it out of the Senate chamber only a minute before this moment on the stairs just outside the chamber. Officer Eugene Goodman risking his life to lure a mob away from senators, like Ron Johnson who were being hustled to safety by other officers.

Johnson hasn't responded to our request for comment, but what's perhaps most striking about his remarks, heroes, like Officer Eugene Goodman, who risked their lives to face the mob, will still protect senators like Ron Johnson, no matter how asinine they are. It's absurd and it's also true.

Ahead, a Republican congressman accused of being part of the devil's army by his own family members after he voted to convict Donald Trump. We're going to hear their bizarre insults.

Plus, one of the state Republicans to censure its senator for voting to convict Trump says they didn't send the senator to Washington to, quote, do the right thing.

And millions right now without power as winter storms are wreaking havoc and delaying vaccine rollouts at a critical time.

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