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Erin Burnett Outfront
Top GOP Rep. Liz Cheney: I Will Vote To Impeach President Trump; NYT: McConnell Believes Trump Committed Impeachable Offenses; Tonight: House Votes On 25th Amendment Resolution Against Trump; Tomorrow: House Votes On Impeaching Trump For Second Time; Interview With Rep. Steny Hoyer (D-MD); FBI Confirms It Had Intel About People Traveling To Washington With "Intentions To Cause Violence"; U.S. Attorney: 70-Plus Cases Charged After Capitol Hill Riot; Interview With Rep. Brad Schneider (D-IL). Aired 7-8p ET
Aired January 12, 2021 - 19:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
WOLF BLITZER, CNN HOST: Linnea had a giving heart and was the glue for her family. She loved spending time with her younger relatives and would take them to Christian camp every year.
May they rest in peace and may their memories be a blessing.
"ERIN BURNETT OUTFRONT" starts right now.
ERIN BURNETT, CNN HOST: OUTFRONT next breaking news, Republicans abandoning President Trump like never before. Liz Cheney, the third highest-ranking Republican in the House saying she will vote to impeach Trump. Mitch McConnell reportedly believes that the President committed impeachable offenses. Who's next?
Plus, federal investigators say people are going to be 'shocked' at what really happened inside the Capitol during the riot, talking about hand to hand combat, as the FBI tonight confirms it had intelligence that Trump supporters were planning to go to Washington to wage 'war'.
And I'll talk to a congressman who spent hours in a secure room with Republicans who refused to wear masks during the riots. He is now the third lawmaker in that room to test positive for COVID. Let's go OUTFRONT.
And good evening. I'm Erin Burnett.
OUTFRONT tonight the breaking news, the House on the verge of impeaching the President of the United States and this time Republicans are getting onboard. Congresswoman Liz Cheney, as I said, the number three Republican in the House said she will vote tomorrow to impeach President Donald J. Trump, condemning Trump in no uncertain terms.
Cheney says, "The President summoned this mob, assembled the mob and lit the flame of this attack. Everything that followed was his doing. None of this would have happened without the President. There has never been a greater portrayal by a President of the United States of his office and his oath to the Constitution. I will vote to impeach the President." Cheney joins Republican John Katko. He was the first Republican today
to say he is voting to impeach. Congressman Adam Kinzinger just released a statement saying he too will vote to impeach, writing that if Trump's actions to incite an insurrection are not worthy of impeachment then what is.
And there are other Republicans indicating where they stand, including Congressman Peter Meijer of Michigan. Here he is on OUTFRONT last night.
(BEGIN VIDEO CLIP)
REP. PETER MEIJER (R-MI): I think it is obvious that the President is no longer qualified to hold that office.
(END VIDEO CLIP)
BURNETT: And also breaking tonight, Senate Majority Leader Mitch McConnell indicating he believes that impeaching Donald Trump will make it easier to purge Trump from the party. New York Times reporting that McConnell believes Trump committed impeachable offenses.
We are witnessing, all of us sitting here, wherever you're watching this around the world, an extraordinary moment in the history of the United States and this democracy. And these late developments change the calculation on impeachment in a significant way, because the House at this hour is paving the way for President Trump to be impeached. Again, it will be the second time.
In just about 30 minutes, the House will begin the process of voting. This will be on a resolution that will urge the Vice President, Mike Pence to invoke the 25th Amendment to remove Trump from office. If this resolution ultimately passes and it is expected to do so and if pence doesn't act and he is not expected to act, then the House plans to impeach the President for incitement of insurrection and it's a stunning moment.
And the gravity of what happened last week and the split in the Republican Party and what has inspired in that riot, what inspired that riot left five people dead is still completely lost on the person responsible.
(BEGIN VIDEO CLIP)
DONALD TRUMP, PRESIDENT OF THE UNITED STATES: So if you read my speech and many people have done it and I've seen it both in the papers and in the media, on television, it's been analyzed and people thought that what I said was totally appropriate.
(END VIDEO CLIP)
BURNETT: No, they aren't and what you said wasn't appropriate. I'll play it again for all of you.
(BEGIN VIDEO CLIP) TRUMP: Mike Pence, I hope you're going to stand up for the good of our
Constitution and for the good of our country. And if you're not, I'm going to be very disappointed in you. I will tell you right now. I'm not hearing good stories.
We're going to walk down to the Capitol. You'll never take back our country with weakness. You have to show strength and you have to be strong.
(END VIDEO CLIP)
BURNETT: And then today, Trump again leveling threats as he flew to the southern border.
(BEGIN VIDEO CLIP)
TRUMP: Be careful what you wish for. The impeachment hoax is a continuation of the greatest and most vicious witch-hunt in the history of our country.
(END VIDEO CLIP)
BURNETT: He literally today said be careful what you wish for after all that has happened and that is just an echo of his first words on the day of the insurrection to the people who chanted hang Mike Pence and stormed the Capitol.
(BEGIN VIDEO CLIP)
TRUMP: We love you. You're very special. You've seen what happens. You see the way others are treated that are so bad and so evil.
(END VIDEO CLIP)
[19:05:08]
BURNETT: And later that night, the same sinister tone on Twitter, the President quote, "These are the things and events that happen when a secret landslide election victory is so unceremoniously & viciously stripped away from great patriots."
As Republican Representative Peter Meijer of Michigan told me yesterday, there is no debate on the merits here. Trump incited violence after spending months, months, whipping his supporters into a frenzy with his great lie.
(BEGIN VIDEO CLIP)
TRUMP: We're not going to lose this except if they cheat.
The Democrats are trying to rig this election, because it's the only way they're going to win.
It'll end up being a rigged election.
The only way we're going to lose this election is if the election is rigged. Remember that.
(END VIDEO CLIP)
BURNETT: And that lie turned into a battle cry for some of his supporters who stormed the Capitol in an act of domestic terror.
(BEGIN VIDEO CLIP)
TRUMP: The Democrats are trying to steal the White House. You cannot let that.
UNIDENTIFIED MALE: They don't get to steal it from us.
TRUMP: We're bringing our country back.
UNIDENTIFIED MALE: We want our country back.
TRUMP: This is our country.
UNIDENTIFIED MALE: This is our house. This is our country. This is our country.
(END VIDEO CLIP)
BURNETT: It literally gives me goosebumps and chills. It can bring tears to your eyes, because the facts here are clear, what Trump caused is not in doubt.
Phil Mattingly is OUTFRONT live on Capitol Hill tonight. And Phil, you are watching an extraordinary moment in history, literally history in the making, because this will be a core part of every history lesson, history textbook from this point on. What is happening tonight inside the Republican Party?
PHIL MATTINGLY, CNN CONGRESSIONAL CORRESPONDENT: Erin, to be blunt, you're witnessing the rupture of an American political party in real time. And I want to contextualize that a little bit, because it sounds hyperbolic on its face and it sounds like the predictions people have been making throughout the course of the time that President Trump has been President of the United States.
But let's be perfectly clear here, the vast majority of House Republicans will oppose impeachment. Liz Cheney, the number three Republicans stepping out certainly gives cover to others to join her, but the vast majority of House Republicans still in line with the President. The vast majority of the Republican base still in line with the President.
However, there are two calculations here that I think are crucial both from Congresswoman Cheney's perspective and from the perspective of Senate Majority Leader Mitch McConnell. Now, not to make clear with McConnell, he is not confirmed that he will vote to impeach the President.
However, as you noted and we've reported following The New York Times, he does believe the President has committed impeachable offenses. In fact, I'm told he is furious with the President. You could see it on the Senate floor when they came back into session after the attack on January 6th, he has not spoken to the President since December 14th. He has tried to subtly move his party away from the President over the course of the last several weeks. And as one person told me, he's through with the President.
What's going on here is the calculation about what's next for the Republican Party in the post Trump era, but also something you hit on in your open, Erin, which I cannot underscore enough. The visceral reaction in response to those who were involved on January 6th and in the wake of January 6th, between briefings from law enforcement officials and just what they've seen, the videos, the pictures, everything that's been sent to them.
The anger has grown more palpable by the day and that has driven Republicans away from President Trump, even Republicans, who for the last four years have pledged fealty to him, even for Republicans who have consistently stood by his side no matter what he says or does or tweets. That has started to shift.
So you combine those two things together, this confluence of factors and you're seeing a break in the Republican Party. Where this ends up is an open question. The President will be impeached on Wednesday. If McConnell decides to support the impeachment when it gets to the Senate for a trial, there's a very real possibility the President is convicted. It's not a done deal yet, but that is what you're watching in real time with the Republican Party right now, Erin.
BURNETT: And it is pretty stunning. And when you look over in the Senate and as you say, a lot of unknowns there, but it is very possible that you would have easily the votes to convict there at the way things are going.
Kaitlan Collins is OUTFRONT near the White House. So Kaitlan, now you have Liz Cheney, the number three House Republican, as Phil put it so well, giving cover to anybody who wants to come out and vote for impeachment. Has there been a response from Trump?
KAITLAN COLLINS, CNN WHITE HOUSE CORRESPONDENT: Nothing from the President so far since The New York Times broke this reporting. But remember, he's still flying back from Texas and he's expected to land any minute, so we'll see if the President does put out a statement. So far White House officials who have been onboard on Air Force One with the President have said nothing about McConnell's stance or Liz Cheney coming out and saying that she will vote to impeach the President.
So that really remains to be seen, but all of this is coming and we could be seeing this presidency unraveling before our very eyes given how quickly all of this is moving as the President has been so isolated lately. You have to look at who's been around the President as it's dwindled, it's fewer and fewer not only because people are trying to keep their distance from the President, Erin, but also because several senior staffers have departures planned for this week.
And those Republicans who are still talking to the President say they cannot get through to him on what the next steps are that he should take.
[19:10:05]
And so, look at his remarks today in Texas alone. They had planned this scripted remarks at the top where the President was saying things like law enforcement is not part of the MAGA agenda. But then you saw the President before that talk about this talk of the 25th Amendment and say it's a greater threat to Joe Biden than it is to him because he's been increasingly sensitive to this idea that people like Mitch McConnell and Mike Pence are going to control the fate of his presidency, even though we might be seeing that happen.
One thing we should note, the White House is expecting as 20 Republicans to vote to impeach the President tomorrow. But, of course, that was the number they had in their heads before Liz Cheney came out with this statement, so whether or not that changes, if it grows remains to be seen, Erin.
BURNETT: All right. Kaitlan, thank you very much. As this is moving so quickly, literally, the reporting from Kaitlan and Phil, we're going to keep you up on that as things change and we get new information from House members.
OUTFRONT now House Majority Leader Democratic Congressman Steny Hoyer, majority whip. Let me just ask you, Congressman, the number three Republican obviously, Liz Cheney, says she will vote to impeach Trump. Do you think that this will change the calculus of who votes for impeachment the way you see it?
REP. STENY HOYER (D-MD): I hope it does. I hope that people perceive this not as a partisan act, but as an act of principle to say that the actions that were taken are unprecedented in terms of a president, not only complaining about policy, but urging people to come to the Capitol and in effect invade the Capitol of the United States so that they can prevent the Congress of the United States from conducting its constitutional duty.
And I think that the Liz Cheney is expressing principle, not partisan views. I think that's apparently, I have not seen the statement, but Sen. McConnell apparently has said something similar. His wife, of course, resigned from the cabinet.
Any fair-minded person who is simply not just voting out of partisan motivation. It has got to say that the facts and principle demand that this president be held accountable.
BURNETT: Now, I've talked to two Republican congressmen who agree with that. Congressman Meijer, Congressman Kinzinger. Both of them in recent days have essentially said the same thing when I've spoken to them. But I'm curious as the Majority Leader, have you spoken to any other Republicans who have indicated they feel the same way?
HOYER: Well, I spoke to Liz Cheney the night of the - on the sixth or probably was the morning of the 7th at that point in time. And I've spoken to a couple of other, I'm not going to pinpoint them at this point in time. But I believe they will be, hopefully, a significant number of Republicans who will speak out for principle, speak out for the Constitution, the protection of democracy and strongly against a President of the United States urging people to undermine our democracy.
Unheard of, I don't think there's no president that there's any analogue to in that perspective. So I'm hopeful that a significant number of Republicans will stand up for principle. There will be the hardliners who think Trump can do no wrong, but in that sense that they do not serve history or principle or Constitution.
BURNETT: So the Joint Chiefs Chairman General Mark Milley and the Joint Chiefs of Staff send a message to the entire military and reminded them that their obligation is to support and defend the Constitution and reject extremism. It's a pretty extraordinary thing that this note went out. Why do you think Gen. Milley thought it was necessary to do this?
HOYER: Because he's a man of principle. I'm not surprised. I talked to him some months ago. He made the same statement to me, personally, that his oath was to the Constitution and to the laws of our country. And he is a man of principle, a man of great experience and a man who is not afraid of political repercussions. He is more focused on policy and principle than he is on repercussions. He's a man of courage and the man of conviction and I'm not surprised at that statement, which he has made to me personally.
BURNETT: Yes.
HOYER: But I'm not surprised that he has conveyed that to others. I made a statement just the other day to all of those who work in the federal government that if they're given an order that they think is illegal or wrong, they have an obligation not to pursue that. And if not, they will have a legal responsibility themselves or an accountability.
[19:15:01]
BURNETT: Before we go, I want to ask you, a member of Congress who was briefed tells us that thousands of armed pro-Trump extremists are plotting to surround the Capitol ahead of the inauguration. Were you briefed as well? Is there anything more that you can tell me?
HOYER: I have been briefed. We are taking steps to meet any challenge, which was not the case, obviously. Last Wednesday on the 6th, we were unprepared for what was an armed assault by - literally, I don't know the exact number, but thousands of people. And this time we are prepared, we're taking every precaution to protect democracy. Yes, the Capitol building, yes, the members, yes, the staff, obviously. But what we are protecting is democracy.
The ability in the face of threats, intimidation, and armed insurrection and sedition to continue to be the country that can be an example of how democracy ought to work. There are a lot of countries have shown how democracy ought not to work, a lot of countries that have had coups and overthrows have their government, but America has never had that. And we're not going to have it now and I've urged everybody, all law enforcement, the military, and everybody to make sure that we have the resources necessary to confront whatever threat is brought to our door.
BURNETT: All right. I appreciate your time. Thank you very much, Congressman Hoyer.
HOYER: You bet. Thank you.
BURNETT: Majority Leader in the House.
And OUTFRONT now, John Dean, former Nixon White House Counsel, Dana Bash, our Chief Political Correspondent and Michael Smerconish of SMERCONISH.
So Dana, Liz Cheney's decision and McConnell's reported comments, which I should make clear The New York Times reported, CNN's confirmed, you don't just find those things out unless McConnell is OK with people finding those things out. OK. So he wants that out there. Does this change the game?
DANA BASH, CNN CHIEF POLITICAL CORRESPONDENT: It certainly could. Well, first of all, the answer is yes, of course. By definition, it changes the game with Liz Cheney not just saying that she would vote for impeachment, but saying in terms that are so stark and so cutting and biting about the President saying that it is the worst thing that he could do as President. The kind of act that he had.
And remember, this is a woman whose father was chief of staff to Gerald Ford after Richard Nixon had to resign, because of terrible things that he did when he was president. So she has historical perspective here in a very intimate way and so you have that.
And then of course, you have you, as you very rightly pointed out astutely, Erin, there's no way that this reporting is out there without Mitch McConnell's blessing. It's also noteworthy that Mitch McConnell and Liz Cheney did these things simultaneously almost and my understanding is that they talk. And so there is an attempt to give rank and file Republicans cover most immediately tomorrow when there's going to be a vote in the House to say the number three leader in the House took the politically risky move, but the principal move from her perspective and did the right thing and so you can do it too.
BURNETT: So Michael, what do you think the goal is here? Obviously, it's interesting as Dana points out that Mitch McConnell and Liz Cheney talk. There's also the reality that McConnell, people body would never bring this to the Senate floor and try to rush something through and convict the President. But obviously, this now opens the door to such a conversation.
By the way, we're looking at the President right now getting off Air Force One at Joint Base Andrews returning from his trip to his border wall today. Not saying anything. Sort of bowed down there.
So Michael, as we watch him come off, if he says anything, obviously, we're going to listen in, but go ahead here. Please respond. MICHAEL SMERCONISH, CNN HOST, SMERCONISH: So the answer to your
question is retribution. I think that Mitch McConnell believes and rightfully so that Donald Trump cost him his Senate Majority position. By the way, he conducted himself in the build up from November 3rd until the Georgia runoff election.
You can't and I said this at the time, you can't simultaneously tell people that this is all a rigged system and the election is rigged and so will the runoff election be rigged and at the same time, encourage them to come out and vote in the runoff election. So I'm sure that Mitch McConnell is licking his wounds that he's lost that gig because of the President of the United States.
One other thing I would say is I'm sure he's not alone. I tweeted earlier today that if it were a secret ballot in the Senate on conviction, I bet the numbers for would be in the 90s.
[19:20:02]
And the only reason they won't be higher than whatever they will ultimately be is fear of the base.
BURNETT: Which is pretty incredible and we all understand politics, but at this moment when so much is at stake, it's incredible that so many people would bow to that. I mean, John, this obviously brings back harkening to Nixon. According to CNN sources, The New York Times is reporting House Minority Leader Kevin McCarthy has actually asked other Republicans whether he should call on Trump to resign. He's also been a loyal Trump lieutenant, but that Republicans stepping up and calling on the President to resign, obviously, is what happened. How would such a thing play out now, John?
JOHN DEAN, CNN CONTRIBUTOR: It's good question. First of all, I don't think that Trump would entertain them coming down to tell him anything. I don't think he wants to talk about it. Secondly, there's a little historical myth in the Goldwater, Hughes Scott, John Rhodes trip to the White House to tell him it was time to leave.
Well, that was their intent. When they got to the White House, the Chief of Staff, Al Haig, told them for god's sake, don't tell him to resign. He's already agreed to do so and doing so might make him change his mind. So that might be a similar situation today, where if somebody went down and told Trump that he should resign, it would only brace him and make him more resistant to the idea.
BURNETT: Dana, I'm curious in the House what it would be if it were a blind ballot and as part of that question, the U.S. Chamber of Commerce, obviously, very significant lobbying organization and we've seen companies across this country basically suspend all political donations. But today, the CEO of the Chamber of Commerce called Trump's actions in connection with the riot completely - I'm sorry, absolutely unacceptable and completely inexcusable.
And then the statement from the organization was, "I want to be very clear: There are some members, who by their actions, will have forfeited the support of the U.S. Chamber of Commerce. Period. Full stop." Are there Republicans, Dana, who now realize what this might mean for them?
BASH: More. There are more, but you cannot underestimate the blind loyalty that so many members have to the President and it is because the people who got them in office are the same Trump supporters who listened to the President, who listened to conservative media on this particular issue flatly lied to them over and over. And by this issue, I mean, the notion that the election was rigged over and over and over.
And these members of Congress who the Chamber of Commerce they're addressing in that statement said - went along with it, went along with the lies and are still going along with the lies even today. And that is what is so reprehensible and has been for some time.
One of the things that I want to note and Phil mentioned this earlier in the program, Erin, don't underestimate the power of the briefings that these members of Congress are getting. Because with distance, you're getting more information, not just the videos that people who are rioting have put on social media, but information that they were lacking even though they were in the center of it about the genesis of what we saw and that is what is making these lawmakers so much more angry.
BURNETT: Yes. Final word, Michael.
SMERCONISH: The President might be saved by the bell to use the boxing expression. There's no doubt in my mind that if this has happened six months ago, it would be game over. I think that the Ukraine phone call pales in comparison, because that was confusing. That was difficult to understand. In this case, we've all seen the videos.
BURNETT: Yes. We all can hear it. Thank you all very much.
And next, the breaking news from the FBI is now confirming it had intelligence that people were planning to travel to the Capitol and was reportedly also alerted that extremists wanted cold 'war'. So now this fact that there was like not enough people there and there was overwhelmed this element of surprise, why did that happen?
Plus, I'm going to talk to a congressman who spent hours in a secure room with Republicans, many of them refusing to wear masks. He has now tested positive for coronavirus along with others who were in that room.
And Michigan's Attorney General warning that the state Capitol is not safe after the FBI warns all 50 state capitols are at risk. The Attorney General is my guest.
(COMMERCIAL BREAK)
[19:28:20]
BURNETT: Breaking news, the FBI confirming and had intelligence that people were planning to travel to Washington to commit violence just before the Capitol Hill riot. It comes as the Department of Justice says 'people will be shocked as we learn more about what happened inside the Capitol'.
Evan Perez is OUTFRONT. And Evan, that's a pretty stunning thing to come out of the Department of Justice, to admit people will be shocked. So first, please, what is the FBI now saying about what the threats were before?
EVAN PEREZ, CNN SENIOR JUSTICE CORRESPONDENT: Well, they're talking about a particular report that The Washington Post first broke the story about. It's a report that came from the Norfolk FBI office. And it was shared here in Washington with the officials, including with the Capitol Police, Erin.
It talked about some of the threats that were being discussed online, including discussions of an appearance that someone knew about tunnels at the Capitol. And I'll read you just a part of what the online discussion was. It said - sorry, I lost the party. It said, "Be ready to fight. Congress needs to hear glass breaking, doors being kicked in. Get violent. Stop calling this a march, or rally, or a protest. Go there ready for war. We get our President or we die."
That's the language, the stark language that was being discussed in this online forum. And we're told that there were a number of reports that were similar, actually. Dozens of reports that came from around the country of people discussing some of these types of things online. They knew that there was a possibility people who are known to be violent could be coming to the rally. The question is why didn't the Capitol Police have better preparation for that event that day, that is still the unanswered question.
[19:30:02]
BURNETT: I mean, that is unbelievable because now we know we're learning about these instances of hand-to-hand combat that were going on inside the Capitol. I mean, just these --
PEREZ: Right.
BURNETT: -- absolute unbelievable things to imagine were happening in this country. And I know, Evan, you're also getting new details about pipe bombs, right, which we had heard about early on that day.
PEREZ: Right.
BURNETT: And now, you're getting a lot more information about them that were planted at the DNC and the RNC.
PEREZ: Right. And this is a big focus for the FBI and the prosecutors. They're trying to understand whether this was part of something bigger, right? Whether this was an effort to divert law enforcement so that people can storm the Capitol, whether this was a -- an effort when people left the building to blow them up.
Again, this is -- this is all still under investigation trying urgently to try to figure out who these people were behind this. It goes to the larger question. They have prosecutors, FBI investigators dedicated specifically to the question of whether or not there was some kind of command and control, some kind of plan that was put into action that day.
And, again, that's very much at the top of the list of investigation -- of investigative targets for the prosecutors.
BURNETT: All right. Evan, thank you.
And also breaking tonight, the Justice Department announcing that it has charged more than 70 cases so far related to the insurrection and I say so far because they say, it is, quote, just the tip of the iceberg.
And it comes as these troubling questions Evan raises are being asked about the response and about the potential role of some law enforcement and military members.
Alex Marquardt is OUTFRONT and I do want to warn you that some of this video that you will see in a moment is disturbing.
(BEGIN VIDEOTAPE)
UNIDENTIFIED MALE: This way.
ALEXANDER MARQUARDT, CNN SENIOR NATIONAL CORRESPONDENT (voice-over): The violent insurrection at the Capitol has put law enforcement and the military in the spotlight, their failures, their victims, and potentially their participation. While some officers were violently beaten by the mob, crushed, even killed, others moved aside as the attackers tried to break through a door. One Capitol Hill officer in a selfie with a rioter.
According to Congressman Tim Ryan, that officer and a different one who appeared to direct some in the mob have been suspended.
A congressional aide tells CNN at least 17 others are under investigation. But this video posted on the day of the insurrection highlights the difficulty of figuring out what exactly happened. A Capitol police officer is seen in a red Make America Great Again hat. It's unclear whether he's showing his allegiance or trying to avoid becoming a target for the mob.
He asks for help getting fellow officers out of the building.
POLICE OFFICER: If you guys can help me distract (ph) these people out of the --
MARQUARDT: Then the man he's speaking to agrees and appears to flash a badge.
UNIDENTIFIED MALE: I can help. I can help.
MARQUARDT: Also unclear whether that man, possibly a police officer, is a protester or undercover. Moments later, the two men helped this line of riot police leave the Capitol building. Officers around the country are also being investigated.
CHIEF ADRIAN DIAZ, SEATTLE INTERIM POLICE CHIEF: If any SPD employee participated directly in assaulting the U.S. Capitol, I will terminate them.
MARQUARDT: So far, the activities of at least 14 police officers from Seattle to New York are being looked into for possible roles in the insurrection. CNN has just learned that seven of them are transit police officers from Philadelphia.
MAYOR JIM KENNEY (D), PHILADELPHIA: That's certainly a person's right to participate in a First Amendment activity but it's not a right to attack the Capitol. So, we'll see what the investigation brings forth.
MARQUARDT: What experts have seen has them worried there may be larger numbers of well-trained current or former law enforcement and military in the crowds.
UNIDENTIFIED MALE: What we're seeing again and again is men and some women with a military bearing who are wearing the right gear, carrying it right, in the right ways. And this really concerns me.
MARQUARDT: The rioter who was shot and killed as he tried to climb through the broken pane of the door, Ashli Babbitt, was an Air Force veteran. Larry Brock, who is seen here, is a retired lieutenant colonel in the Air Force Reserves. He's now been charged. Before his arrest, he told "The New Yorker" magazine he assumed he was allowed into the building.
There are reports of others with military training.
UNIDENTIFIED MALE: One civilian, judicial system is done. The military judicial system should be involved.
(END VIDEOTAPE)
MARQUARDT (on camera): And, Erin, we asked the U.S. Capitol Police about that officer specifically who was in that red MAGA hat. Now, they did not comment on him exactly, but we did just get a response back. They said they are actively reviewing open source material, including video, to find out whether any of their officers violated any of their regulations to say they're being investigated and could face disciplinary action including termination. So being fired.
They do note that several of their officers, we have reported, that there are two of them, that they have been suspended. So far, Erin, no law enforcement that we know of has either been charged or arrested. Erin.
[19:35:01]
BURNETT: All right. Thank you very much.
So I want to go to Phil Mudd, former FBI senior intelligence advisor, former CIA counterterror official.
So, Phil, let's just start with these warnings, the FBI got these warnings. You know, Evan is saying they got one the day before about an online threat that said Congress needs to hear glass breaking, get them ready for war. We get our president or die. Right? Explicitly saying it's not a protest, it's not a rally. It's a
war. And he says there were dozens of other similar things coming in from across the country. They're also sharing maps of the tunnels under Capitol Hill. That's according to "The Washington Post."
So, all of that was submitted before this happened. What's your reaction to that? The FBI had this and yet, still there was clearly no preparation for it.
PHIL MUDD, CNN COUNTERTERRORISM ANALYST: Boy, this makes me nervous and uncomfortable. Look, there's a couple of pieces of this. The first is the intelligence piece and the second is the policy piece.
The intelligence piece, when you get all of this chaos, Erin, you have to step back and ask good questions. When did they get it? We have some good idea of that. When did they pass it along? We have some idea of that.
Here is what I would ask, did they pass it along? Was it along through a standard process, through lower-level officials or was there a conversation where somebody in metropolitan police, for example, or Capitol Police was engaged? I want to know the answer to that.
The policy question to me is equally and I think more significant. Once this information was received and by the way I don't think you need intelligence to say if the president is going to address a mob of thousands of people including QAnon supporters near Congress, I don't think you need intelligence to say we need to be worried. When the Capitol police receive that, we know already that the Capitol police requested assistance. What happened on the policy side?
One thing finally that makes me really nervous, especially since we have a handful of people dead, the FBI was there today. Metropolitan Police Department, Secret Service, Capitol Police, National Guard. It sounded to me, I served four and a half years on the bureau, it sounded like the FBI was trying to say this is how we did it right.
Why weren't the other people on the podium to explain their perspective? Because I'm guessing the Capitol police might have a different perspective, Erin.
BURNETT: Very fair. Quickly before we go. U.S. Attorney Michael Sherwin talking about what happened in the Capitol. He said there was open handed combat going on between -- you know, with Capitol Hill police and metropolitan police and these rioters. He said people will be shocked at some of the egregious contact that happened.
What do you make of that?
MUDD: Two pieces of this very quickly. The first is the FBI is going to want to get out along with other law enforcement to make charges quickly. First, to take people off the table who might show up again next week, and second, to send a message to others. But the second is there's a lot of people, a lot of footage, and a lot of complicated charges, including sedition charges. There's no reason for them to rush to judgment on people either they
can't find or they can't charge now. I would bet that there's going to be a ton more charges coming down the road and some of them will be a lot uglier than trespassing, Erin.
BURNETT: All right. Thank you very much, Phil.
MUDD: Thanks.
BURNETT: And I want to show you live pictures right now of the House of Representatives, because the House has begun the process of voting on a resolution. This is live, OK? So, they're starting this process of impeachment tonight. This starts with a resolution which calls Vice President Mike Pence to invoke the 25th Amendment that would remove Trump from office. Then it says if Pence does not do that, the House will vote tomorrow to impeach the president.
OUTFRONT now, Democratic Congressman Brad Schneider of Illinois.
And you announced today that you have now gotten coronavirus and I want to talk to you about that. You're the third lawmaker to test positive following the Capitol riot. You were hunkered down in a secure room with Republicans, many of whom refused to wear masks.
So, I do want to talk about that, Congressman, of course. But I do know you're going to be voting for impeachment by proxy because you have coronavirus. You're obviously not going to go in. You're in quarantine.
Are you concerned that this impeachment in any way could distract President Biden and his agenda when he takes office because that's now only eight days away and you're starting a process here that will need to go through the Senate?
REP. BRAD SCHNEIDER (D-IL): Yeah, thanks, Erin. It's good to be with you tonight.
And let me just (AUDIO GAP) I am COVID positive, but so far asymptomatic. I consider myself very fortunate. I know so many people around the country are suffering.
We've got to go back and the reporting you just presented, what happened on January 6th was an assault on our nation. This wasn't an attack on the Capitol building. It was an attack on the government, our Constitution, on our democratic republic. And we therefore have to hold people to account.
And the genesis of what happened starts with the president of the United States. He was calling for people to come to Washington. He had organized the event, the gathering by the White House that afternoon and he gave instructions to go to the Capitol and to go in a very strong way.
[19:35:03]
There was no question he incited this attack and people's lives were put at risk and sadly five people lost their life. So, we have to hold the president in account.
He also showed us he is unfit for office and he needs to be removed for office. The easiest thing would be for the president to do the right thing and resign. Short of that, the vice president can invoke the 25th Amendment, which is what we're calling on the vice president to do, in tonight's vote.
And if that doesn't happen, we have no choice to move to the next step which is impeachment. And yes, it does take a while. There's a process.
BURNETT: Yeah.
SCHNEIDER: For the sake of our Constitution, our government, our children, and our country's future, we have to do this.
BURNETT: And now, obviously, you have -- you've got Republicans on board. I don't know if you heard Congressman Kinzinger, obviously, Liz Cheney, have now -- have now said, with the White House says, it's going to be up to 25. It's an incredible moment in history we're watching.
But as you said, I'm glad you're asymptomatic, it is good to hear that. You are the third lawmaker, though, who spent, what, five hours in that secure room, wasn't huge room, and tested positive for coronavirus.
So, the Capitol attending physician sent a note out saying you and others may have been exposed to someone in the room who was infected, unclear who that person was. But, obviously, I know there are people in that room who were refusing to wear masks, even after they were offered, and I wanted to play you some video of it, Congressman.
(BEGIN VIDEO CLIP)
REP. MARKWAYNE MULLIN (R-OK): I'm not trying to get political here. (INAUDIBLE), but I appreciate you. She is a nice lady.
UNIDENTIFIED LAWMAKER: I'm going to come over there and hug you.
(END VIDEO CLIP)
BURNETT: So they refused to take those masks and you were in there for hours. What -- what was it like?
SCHNEIDER: It was -- it was tense. It was unfortunate.
Look, and I said this in my statement today. Masks should not be a political statement. Masks are public health policy. It's common decency, out of respect for your neighbors, for your co-workers, for the staff that support us. You know, put on a mask and keep us safe.
But, unfortunately, these people in their arrogance and contempt for those around them chose to make a statement. Their statement was we don't care about you, and if you get sick, that's your problem, not mine. I -- you know, like I said, I'm asymptomatic. My colleague from New Jersey, she's 75 years old, she's a cancer
survivor. And I just heard she's in the hospital. I wish her a full recovery.
My colleague from Washington is -- had surgery a couple of weeks ago, had a knee replacement. I wish her full recovery.
Everyone in this country who's affected by this virus understands the stakes. And if you've seen the reports from around the country of the grief that this pandemic is causing. It's not hard to put on a mask. It's not hard to be respectful. It's just a sense of decency.
BURNETT: I know. Obviously, there are people in that room really extremely sick, are extremely sick. Thank you very much, Congressman. I appreciate your time.
SCHNEIDER: Thank you.
BURNETT: And next, an alarming admission from Michigan's attorney general. Their capital building not safe as the state is bracing for possible armed protests. The attorney general is next.
And more Republicans are abandoning Trump for inciting a deadly riot, more and more and more. But what do the ones who won't abandon, the hard-core supporters, what do they think?
(COMMERCIAL BREAK)
[19:46:50]
BURNETT: Tonight, the Justice Department calling the investigation into the Capitol Hill riot unprecedented. That's their word given the size and complexity of the attack, right? Far from a few people who got wrapped up in the moment, size and complexity. It comes after the FBI's chilling warning that armed protests are being planned at all 50 state capitols.
In Michigan's capitol, Lansing, the mayor is asking Governor Gretchen Whitmer to activate the National Guard and the state's attorney is warning the Michigan capitol building is no longer safe.
OUTFRONT now, Michigan Attorney General, Dana Nessel.
Attorney General, glad to have you back on again. And I am not glad about the circumstances.
Let me ask you about what you are learning at this time. The FBI has given this morning. How sure are you that these protests could be violent?
DANA NESSEL (D), MICHIGAN ATTORNEY GENERAL: Well, I think you can certainly say that Michigan is ground zero for those who are wishing to take over a state government. Michigan, certainly, is a soft target.
I actually received an email from a Facebook representative who monitors traffic that's geared towards anti-government activity. And she said, I'm worried about Michigan, so if that tells you anything.
BURNETT: Wow.
So, you know, after the riot last week in Washington, the Michigan State Capitol Commission banned the open carry of firearms in the state capitol building, but you are still allowed to carry a concealed weapon if you have a license. Because of the limited scope of the restrictions, I know you tweeted, in part, Attorney General, my job is not to provide state employees and residents or other visitors to our capitol with a false sense of security. I repeat, the Michigan capitol is not safe.
I mean, this is a very strong statement to make. In light of what I just said, the FBI is saying the size and complexity of what happened to Washington, right? Far from a few thousand people who gathered together and got wrapped up in the moment, size, complexity, prior planning, all now very clear.
How worried are you about what you're seeing?
NESSEL: I'm exceedingly worried. And when you say that you can only carry concealed if you have a license, we don't even have people to check if you do have a license. We have no metal detectors.
So, if you were to bring an explosive device into the capitol, if you were to bring multiple weapons, as long as they are underneath a coach or a jacket or in a bag, no one would never know about it, and it's going to be a free-for-all in there.
We just don't have adequate security when we don't know what kind of weapons are being brought into the building. When the legislature is meeting, which they are scheduled to meet for at least three days next week, according to our Open Meetings Act, it has to be accessible and open to the public.
So if you are going to not have any sort of checks on whether or not people are bringing in bombs or people are bringing in guns, I think you are really leaving our lawmakers susceptible. And they are sitting ducks.
BURNETT: This is an unbelievable thing to say, that they are sitting ducks. You say ground zero, I mean, people, obviously, I hope everyone watching remembers the threats, the death threats, the kidnapping threats against your governor, Gretchen Whitmer.
[19:50:04]
And then the armed protesters who entered the Michigan capitol to protest coronavirus restrictions, right, during some of the lockdown in April.
You have last month, armed protesters gathering around the home of the security -- the secretary of state in your state.
Do you think all of this was just a prelude to what we saw in the nation's capitol last week? NESSEL: Yes, I think it is safe to call it a dry run. I think people
from around the country saw what happened in Michigan and saw really how easy it was to take over a state capitol building.
You know, we are very lucky that there wasn't a mass shooting of some sort or some other sort of incident, because we know that these same organizations that actually occupied the state capitol last April were the same individuals, many of them, who were involved in this plot to kidnap and to execute the governor.
And one of their alternative plans was to take over the state capitol and to either have a bombing or to take hostages and then start executing people in the state capitol. So, what's to prevent that from happening this time if you are going to allow the public to come in, as law would dictate, but you would have no means to know what they are bringing in with them?
You know, I want to remind people, when you are talking about allowing concealed weapons, the Virginia Tech shooting, which was, you know, in 2007, I mean, that individual had only two semiautomatic pistols on him, and he still managed to kill 32 people in a short period of time.
So, banning long guns is not the solution. It doesn't mean we're not going to have a massacre in Lansing.
BURNETT: Attorney General, thank you. I hope people hear those calls and those warnings.
And next, the president was in Texas. His supporters there are ready for battle. And I don't use that word lightly, because you are going to hear from one with a ballistic device, that's a knife and a baton, next.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: We have seen the Marxists attack children and families and women.
(END VIDEO CLIP)
(COMMERCIAL BREAK)
BURNETT: Breaking news, as the House resolution moves forward here towards impeachment, the Vice President Pence has just sent a letter to Nancy Pelosi saying he does not support invoking the 25th Amendment.
[19:55:00]
So, it comes as the House will vote on a resolution tonight urging him to invoke the 25th, gives him until tomorrow to do it. He has now made it clear he won't.
So, that means the House will vote tomorrow morning on impeaching President Trump. While his supporters are disappearing in Washington, though, and
across this country, it's important to note that Trump's base, his die-hard supporters around this country, still believe and they are not letting up.
Ed Lavandera is OUTFRONT.
(BEGIN VIDEOTAPE)
ED LAVANDERA, CNN NATIONAL CORRESPONDENT (voice-over): A self described Trump train of supporters lined the streets where the president landed in the Rio Grande Valley. This is a crowd of true believers.
(CHEERS)
UNIDENTIFIED FEMALE: President Trump!
LAVANDERA: Ryan Wolfe says he is a state home father of three children. He brought a ballistic vest, a knife, and a baton to protect fellow Trump supporters.
Why is this necessary?
RYAN WOLFE, TRUMP SUPPORTER: Well sir, we have seen the Marxists attack children and families and women. I'm not going to tolerate that.
LAVANDERA: Wolfe and others here don't blame Trump for last week's right at the U.S. Capitol. The conspiracy theories are running rampant.
WOLFE: I believe that either foreign intelligence officers or local militant groups incited the conflict.
DARRELL FLIFLET, TRUMP SUPPORTER: I feel it was people like Antifa, Black Lives Matter, who infiltrated the crowd and cause the problems.
LAVANDERA: Of course, none of that is true.
UNIDENTIFIED MALE: He's boarding Marine One. Whoo!
UNIDENTIFIED MALE: He's on his way.
UNIDENTIFIED MALE: He's on his way.
LAVANDERA: Among the most ardent Trump supporters is the false, yet unwavering, belief that the 2020 presidential election was riddled with widespread fraud.
UNIDENTIFIED MALE: This was a stolen election. It will -- there will be a price sooner or later.
UNIDENTIFIED MALE: Nobody has actually looked at the evidence. There is definitely evidence towards that. It's just that nobody wants to look at it. LAVANDERA: Joan Danworth (ph) says she will never see Joe Biden as a
legitimate president and still has hopes of seeing Trump remain in office.
UNIDENTIFIED FEMALE: I want my President Trump being up there inaugurated as an extended president of the United States.
LAVANDERA: In this crowd, though, we found Noel Cantu (ph). He says he's a retired border patrol agent and a lifelong conservative. We ended our talk on a question that revealed the danger for Republicans lying about the 2020 election.
President Trump has said the election was stolen from him over and over and over. What if in the end, you've been lied to this entire time?
UNIDENTIFIED MALE: I will definitely be very upset, because if my party has been lying to me, and this is what they are telling to me, and I find out later that it was nothing but lies, I don't think that I will ever vote again.
(END VIDEOTAPE)
LAVANDERA: And, Erin, what is really striking after spending the day talking to Trump supporters is this divide, as we see more and more Republicans in Washington turning on President Trump. It is just not happening here on the ground among his most fervent supporters, and that divide is really striking to see, Erin.
BURNETT: It really is. Thank you very much, Ed Lavandera. That was really remarkable and important for everyone to see.
I want to bring in John Avlon, our senior political analyst.
John, I just want to give you a chance to react to that, right? You know, you can say whatever percentage of the population Trump's die- hard base is going to be, right? But its' going to be there. And when you hear what they still believe, it is -- it is pretty stunning and pretty important for people to understand that someone is going to change those views.
JOHN AVLON, CNN SENIOR POLITICAL ANALYST: Yeah. And they have been fed lies by their president. Their president has lied to them.
And I say their president, because they are convinced and they will follow him anywhere regardless of facts. Lies have created this situation, this attack on the capital. That's what happens, and they will be confronted eventually by that fact overtime.
Joe Biden is going to have a chance to reset, but it's not going to heal all our divisions overtime, because of these hard-core supporters, because of these militia-esque figures who have bought into all these conspiracy theories. But that is what Donald Trump has done to our country. It will be his legacy and it was one the Republican Party will need to deal with for a long time to come because of it. BURNETT: And what do you make of that man at the end, the former
border patrol agent who says if I find out I was lied to, if I find out, I will never speak again -- never vote again, I'm sorry. What do you make of that? Because obviously, the truth is out there.
But how do you get that true to some of those supporters who would then change their minds?
AVLON: Well, first, he has been lied to. And that truth will come out overtime, as the fever breaks with a new presidency, as more information comes out about this president's misrule. But that's the real danger, because one of the downstream effects of lying all the time for the Oval Office is a decrease of trust in our democracy. It's a feature not a bug for those folks who want to hold on to power, regardless by any means necessary. And that's the danger for our democracy we're going to need to confront.
BURNETT: John Avlon, thank you very much.
And thanks to all of you.
Anderson starts now.
