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The Situation Room

Interview With Rep. Eric Swalwell (D-CA); D.C. Security Heightened Ahead of Inauguration; Will Senate Republicans Vote to Convict President Trum?; FBI Director Wray Warns About Concerning Online Chatter Regarding Events Surrounding Inauguration; Source: Trump Legal Team Will Argue Remarks Before Capitol Riot Were Protected Speech. Aired 6-7p ET

Aired January 14, 2021 - 18:00   ET

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

[18:00:00]

ANNOUNCER: This is CNN breaking news.

WOLF BLITZER, CNN HOST: Welcome to our viewers here in the United States and around the world. I'm Wolf Blitzer in THE SITUATION ROOM.

We're following breaking news, a new and very sobering warning from the FBI director, Christopher Wray, about growing worries about potential violence at next week's inauguration. Wray says authorities are tracking extensive and concerning online chatter surrounding the event, as thousands of U.S. military personnel, National Guard troops from all across the country are pouring into Washington to fortify the nation's capital.

The FBI has identified more than 200 suspects in last week's deadly insurrection, with more than 100 arrested so far. It's the first time, by the way, we have heard directly publicly from the FBI director since the attack.

Let's begin our coverage this hour with the very latest on the investigation into the Capitol attack. Brian Todd is standing by. He's working the story of course.

Brian, what are you learning?

BRIAN TODD, CNN CORRESPONDENT: Wolf, tonight, "The Washington Post" is reporting that extremists who were on the U.S. government's terrorism watch lists were in Washington last week for those pro-Trump events.

"The Post" reporting that some of them are suspected white supremacists. Now, CNN had previously reported that some white supremacists were expected to come to Washington ahead of those events. Some had been visited by law enforcement and ended up not coming, according to CNN's reporting.

Meanwhile, tonight, we do have new information on the investigation and new threats.

(BEGIN VIDEOTAPE) TODD (voice-over): Striking images of the nation's capital on high alert and on edge, National Guardsmen in tight formations everywhere, automatic weapons at the ready, armored personnel carriers rolling down the streets, high metal fences across streets and sidewalks, checkpoints at many corners, tightly restricted movements for millions of people.

Federal law enforcement agencies calling for reinforcements, warning that, following the siege of the Capitol, domestic extremists will carry out more attacks in the days ahead.

CHRISTOPHER WRAY, FBI DIRECTOR: We are seeing an extensive amount of concerning online chatter, I think is the best way I would describe it, about a number of events surrounding the inauguration.

And, together with our partners, we evaluate those threats and what kind of resources to deploy against them. Right now, we're tracking calls for potential armed protests.

UNIDENTIFIED MALE: We have seen these people become emboldened from this Capitol attack last week. I mean, these people believe that they're patriots and that they're on the side of history and that they're making history, and that this was a positive accomplishment. And so people are watching -- other extremists are watching this occur, and they're taking cues from these people last week.

TODD: Over 20,000 National Guard troops are expected to be in Washington for the inauguration, more than three times the number of active-duty U.S. troops now in Afghanistan, Iraq and Syria combined.

QUESTION: Have you ever seen this much help coming in for a large event?

UNIDENTIFIED MALE: Not at this level, no.

TODD: The National Mall will be completely closed to the public on Inauguration Day.

Tonight, the investigation and manhunt is quickly expanded after the riot at the Capitol.

WRAY: We and our partners have already arrested more than 100 individuals for their criminal activities in last week's siege of the Capitol and continue to pursue countless other related investigations.

TODD: A federal law enforcement official tells CNN evidence uncovered suggests a level of planning for the January 6 assault in the Capitol, which leads investigators to believe it was not a spur-of-the-moment push.

This official says the FBI is looking at indications that some participants in the Trump rally at the Ellipse, before the Capitol siege, left that event early, possibly to retrieve items for the Capitol assault.

UNIDENTIFIED MALE: They must have had either human sources in the crowd, or they could have been looking at surveillance footage that are out in the open on street posts and other places. So, it does point to a level of sophistication and planning.

TODD: Could part of that planning have involved gathering intelligence inside the Capitol before the siege? One Democratic congresswoman accused unnamed lawmakers of bringing some rioters into the Capitol one day before the assault.

REP. MIKIE SHERRILL (D-NJ): Those members of Congress who had groups coming through the Capitol that I saw on January 5, recognizance for the next day, I'm going to see that they're held accountable, and, if necessary, ensure that they don't serve in Congress.

TODD: CNN has not verified the allegation.

Under arrest tonight, a retired Pennsylvania firefighter, accused of throwing a fire extinguisher striking a police officer on his helmet. Also, in custody, a Delaware man, Kevin Seefried, seen carrying a large Confederate Battle Flag inside the Capitol, and tracked down in Virginia, the man who was wearing a "Camp Auschwitz" sweatshirt through the halls of the U.S. Capitol.

[18:05:13]

Experts say sophisticated techniques are being used to round up more suspects.

PETE LICATA, CNN LAW ENFORCEMENT ANALYST: Canvassing social media, interviewing all those individuals that were there, canvassing the CCTV.

(END VIDEOTAPE)

TODD: And there are serious concerns tonight about law enforcement officers from around the country who allegedly took part on the assault on the Capitol.

Two off-duty officers from a small Virginia town have been charged with multiple counts, including violent entry. And there's an active police officer from Houston who could face federal charges for participating in that riot -- Wolf.

BLITZER: Very, very troubling developments.

Thank you very much, Brian Todd.

Let's go to Manu Raju up on Capitol Hill. He's got an update for us on President Trump's unprecedented second impeachment and his upcoming trial in the U.S. senate.

It looks, Manu, like many Senate Republicans are genuinely undecided at this point. But will enough of them vote to convict the president?

MANU RAJU, CNN SENIOR CONGRESSIONAL CORRESPONDENT: Yes, that is the big question. They need 17 Republicans at least to break ranks and join Democrats, assuming all 50 Democrats would vote to convict the president.

And, at the moment, it is just not clear, because Republicans are falling into all different camps. One thing that is clear in talking to a number of Republican sources today, there is a growing recognition within the Senate Republican conference that Donald Trump committed impeachable offenses.

But there's a question about whether that rises to the level of conviction. Now, the person who everybody's watching his Senate Majority Leader Mitch McConnell, the soon-to-be minority leader, the Republican leader of the Senate. He is firmly in the undecided camp. He has told that to his colleagues.

He wants to sit back, listen to the arguments that are made by the House impeachment managers, and by the president's defense team before ultimately making a decision. There are other Republicans who questioned the constitutionality of trying a former president once he leaves office.

There are other Republicans who are siding with the House Republican contention that this is all a divisive effort, and they are unlikely to join the president, this effort to convict the president.

But there are Republicans who are signaling they are ready to convict. One of them, Lisa Murkowski of Alaska, has said just today that it was the appropriate action for the House to move forward with an impeachment. She did not say she would convict, but she's certainly signaling that she would.

We will see where the senators like Mitch McConnell come down and whether other Republicans will shift as well. One thing that is shifting, though, Wolf, private polling. Republican sources tell me that the president has seen an erosion of support among Republican voters since Election Day, particularly in the last several days, since he incited that deadly riot.

If that continues to shift, we will see if Republicans too shift. And that will be the one of the big questions going forward. Do they side with the president, or do they make it clear that he can never serve in office again, Wolf?

BLITZER: Yes, he will be a private citizen in six days.

Manu Raju up on Capitol Hill, thank you very much.

Let's get an update from our chief White House correspondent, Jim Acosta.

I understand you're learning new details, Jim, about the president's legal strategy as he stares down a second impeachment trial in the Senate.

What are you learning?

JIM ACOSTA, CNN CHIEF WHITE HOUSE CORRESPONDENT: That's right, Wolf. One day after he became the first U.S. president to be impeached

twice, of course, now Donald Trump faces a trial in the Senate. But a source familiar with internal deliberations says the president's legal team is expected to challenge whether Trump can be tried and convicted in the Senate after he leaves office.

That's the expectation. It'll happen after he leaves office. The president's advisers are hopeful, though, in the meantime, that Trump can keep his mouth shut for the next six days, so he doesn't incite any more violence.

On the video he released last night that we all spoke about yesterday, a source close to Trump said that should have been done a week ago.

(BEGIN VIDEOTAPE)

ACOSTA (voice-over): Now facing a second impeachment trial, this time for his incitement of violence at the Capitol, the president's attorneys are planning to warn that any effort to punish Trump for his speech on January 6 would violate his First Amendment rights.

A source familiar with Trump's impeachment defense said, the soon-to- be-ex-president's legal team is expected to argue the remarks fall into the category of protected speech. Trump's attorneys may also question the legality of a Senate impeachment trial that takes place after he leaves office, a tough case to make after the president's rally sparked an insurrection.

DONALD TRUMP, PRESIDENT OF THE UNITED STATES: We fight like hell. And if you don't fight like hell, you're not going to have a country anymore.

ACOSTA: Aides to the president urged Trump to release a video condemning violence telling him he would be responsible for further bloodshed.

TRUMP: Mob violence goes against everything I believe in and everything our movement stands for. No true supporter of mine could ever endorse political violence.

ACOSTA: But a source close to the White House told CNN that video -- quote -- "should have been done a week ago."

Trump's former acting homeland security secretary says the president bears some responsibility for what happened.

CHAD WOLF, FORMER ACTING U.S. SECRETARY OF HOMELAND SECURITY: I think, as we look back at the events of last week, I think, certainly, the president's words matter. And I think I have said that publicly on several occasions now.

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ACOSTA: Trump defenders, like Senator Lindsey Graham, complain it's the bipartisan push for a second impeachment that will cause more violence, not the president. SEN. LINDSEY GRAHAM (R-SC): These actions, if they continue, will

incite more violence. Every time you ask President Trump to calm his people down, to reject violence, to move on, he has done it.

ACOSTA: While White House trade adviser Peter Navarro is still clinging to Trump's election lies.

PETER NAVARRO, DIRECTOR, WHITE HOUSE OFFICE OF TRADE AND MANUFACTURING POLICY: What happened yesterday was a travesty. That was -- the Democratic Party did violence to this country by attacking a president who I believe was legally elected on November 3.

ACOSTA: What's left of the Trump inner circle is in disarray, as CNN has confirmed the president has talked about stiffing his personal attorney Rudy Giuliani on his legal fees. That's after Giuliani stoked unrest too.

RUDY GIULIANI, ATTORNEY FOR PRESIDENT DONALD TRUMP: So, let's have trial by combat.

ACOSTA: Some Trump advisers have had enough, with one ally telling CNN: "He will be the cautionary tale parents tell their kids. Don't end up like Trump because of your lies."

But there are growing demands for accountability for GOP members of Congress who also called for violence.

REP. MO BROOKS (R-AL): Today is the day American patriots start taking down names and kicking ass!

REP. MADISON CAWTHORN (R-NC): Call your congressman, and feel free -- you can lightly threaten them and say...

(LAUGHTER)

CAWTHORN: ... say, you know what, if you don't start supporting election integrity, I'm coming after you.

ACOSTA: One former administration cybersecurity official says there should be consequences.

CHRISTOPHER KREBS, FORMER DIRECTOR, CYBERSECURITY AND INFRASTRUCTURE SECURITY AGENCY: You don't get a mulligan on insurrection. You don't get a one-time pass. We have to be forceful and clearly communicate to the world that this is unacceptable and there will be consequences.

ACOSTA: In these final days, signs Trump officials are heading for the exits, from the moving trucks, to staffers removing items from the West Wing, to the Biden inauguration bunting in full view of the White House.

(END VIDEOTAPE)

ACOSTA: And as the nation's capital prepares for the Joe Biden inauguration, Wolf, I want to show you some video, take us back to what we saw in the last hour, when Vice President Mike Pence was up on Capitol Hill.

He met with members of the U.S. National Guard. Those members are guarding the Capitol right now because of the events that happened on January 6. And Pence told those service members there that he appreciates their service and thanked them for what they're doing now in protecting the U.S. Capitol during this upcoming inauguration.

But, Wolf, it is a stark contrast with what we're seeing over here at the White House. This is obviously something that President Trump should be doing.

But, instead, his vice president has been acting like the de facto president in recent days, not only doing what you're seeing right now. He's also spoken with family members of that police officer, one of the police officers who died during the Capitol siege.

Wolf, he also just met this afternoon with the director of the FBI about security threats during the Biden inauguration. And so -- and on top of all of that, keeping an eye on President Trump and making sure he doesn't get out of line one more time.

And so, yes, a lot can be said about Mike Pence. He has been a little too fawning at times when it comes to his relationship with President Trump.

But you have to say, over the last couple of weeks, that Mike Pence, the vice president, has been, not only trying to defend the Constitution when the president tried to strong-arm his way into a second term, but he's been doing things that presidents should be doing, like when he went up to the Capitol tonight to thank those service members, those members of the National Guard for what they're doing, obviously doing great work protecting the nation's Capitol -- Wolf.

BLITZER: And when he went up to the Capitol to help certify that the election was free and fair and the Electoral College did the right thing and that Biden was the winner and Trump was the loser.

And the president hated him for doing that. But he did the right thing, which he obeyed the U.S. Constitution and the law.

All right, thanks very much, Jim Acosta, for that.

I want to get some analysis from our political correspondent, Abby Phillip, our senior Washington correspondent Jeff Zeleny, and the former FBI Deputy Director Andrew McCabe.

Andrew, how concerning is what we just heard from the FBI director? Because when he released this new information about threats, especially from white supremacist, people on the terrorist watch list who had come to Washington, how worried should we be?

ANDREW MCCABE, CNN CONTRIBUTOR: Wolf, we should be very worried.

The FBI is not prone to releasing -- to overplaying their hand or trying to get people excited. And this director is certainly not that type of person. So, for him to share this level of detail, he must be in a significant state of concern for the events that are coming up.

I have to also say that it is very typical for extremists of all sorts to derive enthusiasm and energy and dedication and inspiration from what they perceive as successful attacks. And last week was a wildly successful attack for the right-wing extremist groups here in this country, the racist groups, the alt-right groups, the anti-government groups.

[18:15:09]

All these hundreds and maybe thousands of people have gone home. They're reengaged with their cohorts of like-minded people. They're telling them how great it was, how terrific it was to be inside the Capitol. And that is just stoking the fires of extremism all over this country right now.

BLITZER: It certainly is.

Jeff Zeleny, you're there in Wilmington, Delaware, the president-elect about to deliver major remarks on his COVID relief package, what, a nearly $2 trillion package that he's going to put forward.

Tell us -- walk us through a little bit. He's getting ready to take office in six days, but he's inheriting so many problems left behind by President Trump.

JEFF ZELENY, CNN SENIOR WASHINGTON CORRESPONDENT: Wolf, it is remarkable what has really changed since Joe Biden accepted victory here in Wilmington on the 7th of November.

Think of all what has transpired. The coronavirus crisis, the deadly virus has deepened, the insurrection at the Capitol, and just the sense of disunity that now exists. That is what he will inherit. He has long said help is on the way. Well, that is going to come in six days. But then the burden is his.

But he is going to be delivering a speech here tonight in Wilmington, try and refocus the nation's attention on this deadly coronavirus pandemic. He's going to outline his plan, really, for the first time, as you said, calling for $1.9 trillion in spending, and also, first and foremost, talking about vaccines.

But, Wolf, this is all coming as impeachment is waiting for him in Washington, when he arrives next week. So that is the challenge and indeed the worry among Biden advisers that I speak to, that how can they possibly accomplish that and get his top national security nominees, the members of his Cabinet, confirmed as an impeachment is going on?

So, he has been working with Senate Majority Leader Mitch McConnell, soon to be the minority leader, to try and do both things at once. I'm told there is a good at least working relationship with those two men.

But this is something that Joe Biden inherits ,one more thing from the Trump presidency. It's impeachment. And it is going to affect the early days of his administration, no question about it. BLITZER: Yes, he and McConnell, in the Senate, they worked together

for at least 30, maybe 40 years. So they know each other well.

ZELENY: Right.

BLITZER: They have worked together in the past. Let's hope they can work together down the road.

Abby, those pictures of the vice president, Mike Pence, thanking those U.S. military personnel, the National Guard troops, just a little while ago here in Washington, they have come to Washington; 20,000 have been deployed, heavily armed.

It's really an incredible reminder of just how much the president, for all practical purposes, as Jim Acosta was reporting, has abdicated his presidential responsibilities.

ABBY PHILLIP, CNN POLITICAL CORRESPONDENT: Absolutely, and has been completely absent from major leadership moments, and not just in this last week, but also just since the election itself.

President Trump has been obsessively focused on his lie that there was widespread fraud in the election and really not focused on anything at all. What has been extraordinary in the last week is that the president has been dragged kicking and screaming to a point where he must can -- he has condemned violence, been dragged there by his aides who say, if you don't do, this will be detrimental to you.

But he has said very little about the Capitol Police officers, the Metropolitan Police officers from Washington, D.C., who were in the line of fire, putting their lives on the line to defend the Capitol last week. He has not called the family member of the Capitol Police officer who died from his injuries in the riot.

And so President Trump is not on the job. And Mike Pence is making a very strong statement by basically saying, if you won't do it, I will do it. And -- but that should be troubling to all of us. There's only one president at a time in this country. It's President Trump. And he should be acting that way, and not sort of tacitly abdicating his responsibilities to his vice president at such a critical time.

BLITZER: Andrew, what are your biggest concerns heading into this weekend, just before the inauguration on Wednesday?

The threats aren't just limited to Washington, D.C. There have been threats in basically all 50 state capitals as well. And the FBI director just now said, we're tracking calls for potential armed protests around the country.

So, what are your biggest concerns?

MCCABE: Well, that's where my concern is, Wolf.

It's not here in D.C. I think D.C. will be well-protected for the inauguration. And we have seen that with the troop deployment and all of the rest of the facets of the security team. The problems are going to be far and wide. Some of these states have

been facing armed protest groups since last summer. You had groups show up at places like statehouses in Michigan and Wisconsin and Pennsylvania. Those folks have only been simmering and getting angrier as they listen to the president and his supporters continuously lie about the election results.

[18:20:08]

And, as I said, I think many of them have probably been inspired by what they saw at the attack on the Capitol last week. So, it is a toxic mixture of extremists, weapons, and a date on which all those things may collide.

BLITZER: Jeff, the president-elect, he's going to be inaugurated, sworn in to office next Wednesday, the vice president-elect as well.

There's going to be a ceremony at the U.S. Capitol outside, but how concerned -- you're talking to sources over there -- how concerned are they about the security threats, and potentially those security threats could mean they're going to have to move all of that indoors? The whole Washington Mall is going to be prevented, any people from gathering.

Normally, hundreds of thousands would gather for a presidential inauguration. No one's going to be allowed there.

ZELENY: Well, Wolf, it is a deep concern.

In fact, the president-elect joined a top-level security briefing just yesterday to hear from some top-ranking officials from the FBI, the Secret Service, and other agencies to hear with his own ears what these threats indeed were.

And, of course, he receives the presidential daily brief every day or nearly every day. So, he is certainly well aware of this. But his aides have been receiving these briefings for several days. And he is insistent.

The last we have heard from Mr. Biden on this, he said he will take his oath of office outside on the west front of the Capitol, as historically has been done. But we will see. Several things have changed.

He was also planning to take a train from here in Wilmington to Washington, as he did so many years as a senator. He commuted by train, and he wanted to do that, symbolically starting his journey to the presidency.

That was changed. So, we will see if the swearing-in plan changed. But, Wolf, it's not without precedent for a president to take the oath of office inside. It happened with Ronald Reagan during his second term, because it was bone-chilling and dangerously cold in Washington that year.

It's not scheduled to be or forecast to be next week, so that won't be a concern. But security is indeed a concern. But, for now, at least, the Biden team is saying he's resolute and planning to stick with the schedule of at least as normal of a ceremony as he can have.

BLITZER: Yes, there will be a very, very limited crowd there. And that will be sad to see it. Normally, it's a huge crowd.

All right, guys, thank you very, very much.

Just ahead: When will the House of Representatives actually physically send over to the U.S. Senate the new article of impeachment against President Trump?

I will ask one of the House impeachment managers, Congressman Eric Swalwell. There you see him. He's standing by live.

And, later, we will have new details on the extensive security preparations under way right now here in the nation's capital, as authorities fortify Washington for the Biden inauguration.

(COMMERCIAL BREAK)

[18:26:13]

BLITZER: Breaking news.

In his first public comments since the deadly attack on the U.S. Capitol, the FBI director, Christopher Wray, is warning that more violence could be in store for next week's inauguration of president- elect Joe Biden.

Congressman Eric Swalwell is joining us right now. He's one of the newly appointed House impeachment managers.

Congressman, thanks so much for joining us.

And I want to discuss impeachment in a moment. But, given these new comments from the FBI director, how concerned are you about all these threats that are unfolding here in Washington?

REP. ERIC SWALWELL (D-CA): Wolf, I'm very concerned, especially considering that we were not prepared for what happened just last week.

I'm very grateful for the Capitol Police and the National Guardsmen and the FBI and supporting agencies who are protecting the Capitol. But I want to make sure that we send a message that this inauguration is going to happen, it's going to be peaceful, and we are going to be ready.

BLITZER: We hope it will all of the above six days from now.

Let's talk about impeachment. When do you expect to walk across to deliver the articles, walk from the House to the Senate to deliver the article of impeachment?

SWALWELL: That's the speaker's decision. We have done our job in the House. We made the case that the president attacked the Capitol, inspired and incited our own citizens to do it on a day where we were performing our constitutional duty. But when that happens, we will be ready. And we believe we can actually secure a conviction.

BLITZER: How soon after Biden's inauguration could the actual trial begin? And I want to talk about a conviction in a moment.

But how -- is it going to start the day after, two days after, 100 days after? We have heard all sorts of speculation.

SWALWELL: Well, Wolf, we believe the president shouldn't serve in office for an hour longer and that we're all at risk for our personal safety if he does. So, we would like to conduct the trial tonight, if we could.

But that's a Senate decision.

BLITZER: Well, that's not -- that's -- but the majority leader in the Senate, Mitch McConnell, has made it clear that's not happening. The earliest potentially could be happening on January 19.

But he says it's not going to happen then either. The inauguration is the 20th. So, when, realistically, do you think it's going to happen?

SWALWELL: Wolf, it should happen as soon as possible, but that's a Senate decision, and I will leave it to the Senate. They are the jurors.

And, as one of the managers, we will be ready to prosecute the case.

BLITZER: The last time President Trump was impeached a year or so ago, you said -- and I'm quoting now -- you said: "America won't get a fair trial if witnesses don't testify."

Will you be calling for witnesses and evidence in this upcoming Senate trial?

SWALWELL: Yes, we have been meeting as a team, and we want to make the best presentation as a case. And everything is on the table right now, Wolf, as far as the presentation of the case.

But America witnessed this attack. America saw its legislators running for cover, custodial staff, cafeteria workers, Capitol Police being beaten and stampeded. One of them died.

So, America saw what happened. And the jurors in this case, the senators themselves, were also victims.

BLITZER: And you think there will be 17 Republican senators who will join all 50 Democratic senators, 67, the number needed, two-thirds majority, to convict?

SWALWELL: Wolf, we just want a fair trial. And I think if you look at what the president said, what he did before

that day, refusing to accept the outcome of the election, how he called his supporters to Washington, radicalized them, incited them, made them believe that, if they storm the Capitol, they can overturn the result, it's a pretty cut-and-dry case that he incited violence against the country, against people, and against the Constitution.

BLITZER: Congressman Eric Swalwell, thanks so much for joining us.

SWALWELL: My pleasure. Thanks, Wolf.

BLITZER: All right, stay safe out there.

Just ahead: Thousands of U.S. National Guard troops are streaming into Washington, D.C., as the nation's capital fortifies for the inauguration six days from now.

We're going to take a look at the unprecedented preparations under way.

[18:30:00]

(COMMERCIAL BREAK)

BLITZER: As much of Washington locks down just ahead of next week's inauguration, the FBI director, Christopher Wray, is now warning about what he describes as extensive and concerning online chatter surrounding the event.

CNN's Pete Muntean is joining us. He's on the scene outside the U.S. Capitol for us. Preparations are underway, Pete. Give us a sense of this enormous security measures that you are seeing.

PETE MUNTEAN: This is as close as you can get to the Capitol now, Wolf. We are blocks away from the restaurant of the Capitol where that angry mob stormed last Wednesday. And I just want to show you some of the new preparations that are taking place here out in front of the Capitol.

[18:35:03]

We are very far away. And there is now -- I'm six feet tall. This is probably a 12 foot tall wall going into place here replacing the eight foot fence that was here only earlier today.

The Secret Service is now leading this massive security operation. Even if somebody did get on the other side of this, they would face heavy man and firepower. You can see some of the 20,000 members of the National Guard descending on Washington right now. The Pentagon says it is especially concerned about improvised explosive devices, pipe bombs like we saw outside of the DNC and the RNC. The head of the Metropolitan Washington Police Department says he does not want any Americans to come here for this inauguration, but there is a flipside of that.

This is Pennsylvania Avenue, the parade route between the Capitol and the White House now pretty much deserted. Gone are the bunting and the porta potties and the Jumbotron and there will be very light crowds for this inauguration like no other. Wolf?

BLITZER: Yes, they've shut down street after street after street all around the U.S. Capitol. Indeed, much of Washington, that whole area around the Washington Mall, the Washington Monument, the White House, it's a really sad situation. Thank you, Pete, very much. Pete Muntean is on site for us.

I want to discuss this with the former Ohio governor, John Kasich. Governor, thank you so much for joining us.

You spent a lot of time on Capitol Hill. I knew you when you served your nine terms in the House of Representatives. Did you ever imagine you would see anything like this, a symbol of the American democracy looking like this, 20,000 heavily armed U.S. troops? I don't know if you've been to Baghdad, but in the days when I was there, that was the green zone. This looks like the green zone in Baghdad.

JOHN KASICH, CNN SENIOR COMMENTATOR: You know, Wolf, it's absolutely stunning. And I've been to a number of inaugurations and it was actually a time of joy when people were inaugurated. We'd hang out together, the Republicans and Democrats and dignitaries and slap one another on the back, and it was a time of bringing people together. I can remember when Bill Clinton was elected and sworn in, and my wife and I got to go to lunch with Pelosi, him and Republicans and it was really, really good.

I look at this, I've broken this down, Wolf, into sort of three groups. You have these hard core anarchists, that's one group, that are out there. How big they are, I really don't know. I'm not sure anybody really knows. Secondly, I think you have a group of people who have sort of joined in. They got caught up in the Trump euphoria for some reason. I tend to look at them as temporary participants, not the kind of violent group that anarchists are. And then there's a third group, kind of the people that just hang around. I mean, they just get caught up for the moment.

The key is, and I hear from people who are worried that their mothers, their fathers, their brothers, their sisters have gotten caught up in this alternate universe where they refuse to see facts and they're caught up in conspiracy theories. My advice to them, the second group and the third group, is be patient with them. You've got to give them the facts. And I'm beginning to see some people come around, begin to hear them say, yes, I guess this is not true.

And so you've got to think about these three groups, in my opinion. And I'm glad they're there en masse, that the force is there en masse, because there are people out there who believe, in some respects, first of all, they delight in being part of violence, but, secondly, they also have this sort of sense that they're patriots. I mean, it's really whacky.

But I don't think all of these people who we're going to see hanging on to things are going to be that way. we have to bring them back, but we have to bring them back. We've got to get them back to the rational side, moms and dads and brothers and sisters, and just be patient but be firm.

BLITZER: Yes, it's not patriotic to storm the U.S. Capitol. Governor, let's talk a little bit about impeachment. A source telling CNN that there's, quote, no love lost within the Senate Republican conference for Trump. After Ten Republicans in the House did vote to impeach the president yesterday, how do you think Senate Republicans are approaching whether they will actually vote to convict him?

KASICH: I think it's too early, Wolf. We've got to see how the dust settles and at what time and what's the mood at the country at the time. I notice there were a number that have already come out to and said, they're not going to vote for impeachment, which I happen -- for conviction, I don't happen to agree with them. But I don't we know. And I think some are doing their political calculations, that others are examining their conscience.

I had many, many tough decisions to make when I was there. And a way I would do it is I would sit down with people who would agree or disagree with me and then sort of get the sense of how I really wanted to be remembered later as to how I made good decisions, which is how I made my decision, by the way, in regard to Donald Trump.

[18:40:05]

The other thing that I think the party has to be careful of is they just can't be against everything. You know, you're going to have impeachment, but what about other things? And it's sort of normal for Republicans, I hate to say this, to just be again stuff, okay? But Republicans are not going to survive unless they develop positions on immigration and health care and the middle class and the working class struggle. That's where they have to go.

So we're just going to have to see what happens to impeachment. But beyond that, let's see if they can come up with an agenda that will be realistic for America.

BLITZER: That would be good if they could work together and do something good for America. Governor, thank you so much for joining us.

Coming up, we're going to have a closer look at President Trump's defense strategy for his second impeachment trial in the U.S. Senate. Our legal analysts, they are standing by with lots to discuss.

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[18:45:36]

BLITZER: As President Trump prepares for an unprecedented second impeachment trial in the Senate, we're learning more about a potential defense strategy.

Let's discuss with our senior legal analyst Laura Coates and our legal analyst, Norm Eisen, the former impeachment counsel for House Democrats. Laura, Jim Acosta, you heard, he's learning that President Trump's attorneys, his lawyers are expected to argue his remarks before last Wednesday's violent riot up on the Capitol are protected speech.

Can you explain the First Amendment argument they're planning to make?

LAURA COATES, CNN SENIOR LEGAL ANALYST: Well, of course, they're going to make the argument, but if it's protected speech then it cannot be held to incite a riot. To do that they have to follow the Brandenburg philosophy that it had to be something that was not said under an environment where violence was foreseeable, they didn't have any intent for a riot to be incited. And, of course, you have to use common sense. When you think about the straight line between the comments and conduct, they have an uphill battle.

BLITZER: Yeah, you can't cry fire in a crowded theater. That's not a First Amendment right.

You know, Norm, you advised Democrats during President Trump's first impeachment a year or so ago, we're learning his legal team also is planning to question the legality of this entire Senate impeachment trial because he will no longer be president of the United States.

Do you think they have a strong case?

NORM EISEN, CNN LEGAL ANALYST: Wolf, they have no case at all to question the legality of the trial. In the 18th century, the Blount case, an ex-official impeached and tried. In the 19th century, the Belknap case, an ex-official impeached and tried.

While it hasn't been applied to a president, the rule is clear. Presidents are subject to the same laws as the rest of us, Wolf. So there's no basis for that objection.

BLITZER: You know, Laura, the president's advisers told him he needed to condemn all of the violence or he will be held responsible one way or another. Does that sound to you like an attempt to protect the president legally? And will it work?

COATES: Yes, but it's seven days and an impeachment short at this point, Wolf. I mean, the idea of condemning any of the insurrection should have come while it was going on, not as we understand through Senator Ben Sasse and that he was delighted and calling members of the Senate to get them to overturn or not certify the election.

So many contextual clues here to tell you about the president's intent, and he's done himself no favors as he's been silent for as long as he was or being obstinate about taking any responsibility.

BLITZER: What do you think, Norm?

EISEN: I think when he said while the damage was still going on, we love you, and other words of encouragement, Wolf, that's the nail in the coffin on the president exonerating himself. We -- everyone knows that he enjoyed this. There are press reports that he was relishing it in the White House. You can see it in his words. So, that's going -- that is not going to exonerate him.

BLITZER: Norm Eisen, thank you very much. Laura Coates, thanks to you as well.

Just ahead, we'll have the latest on the exploding coronavirus pandemic here in the United States. We're learning a third vaccine manufacturer could actually seek emergency use authorization by the end of the month.

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[18:53:42]

BLITZER: The breaking pandemic news this hour: more than 387,000 Americans have now lost their lives to the coronavirus and the United States has just topped 23.2 million confirmed cases. The need for a vaccine couldn't be more urgent as the pandemic rages, taking a staggering toll on this country.

CNN's Nick Watt reports on all the late breaking developments.

(BEGIN VIDEOTAPE)

NICK WATT, CNN NATIONAL CORRESPONDENT (voice-over): The home of the Houston Texans opens today. Well, a parking lot. It's a mass vaccination site. Roughly 13,000 slots through Sunday, everyone already filled.

Meanwhile, some rural hospitals in Texas say they still haven't received even a single dose of vaccine.

In New Jersey, even the elderly face a long wait, up to eight weeks.

GOV. PHIL MURPHY (D), NEW JERSEY: The biggest reason is we don't have the supplies from the feds that we need or that they had indicated we'd have.

WATT: In Mississippi, only CVS and Walgreens are allowed to give the shots. In long-term care facilities, Walgreens just doesn't have the manpower.

ROY ARMSTRONG, REGIONAL HEALTH CARE DIRECTOR FOR WALGREENS: We had staffing challenges in Mississippi before COVID vaccine was ever available.

WATT: Both vaccines currently available require a double dose.

Johnson & Johnson's single dose offering appears safe and effective in early trials.

[18:55:00]

They could apply for emergency authorization around the end of the month.

UNIDENTIFIED MALE: Having a single-dose vaccine will be a game changer.

WATT: Meantime, here's the reality -- by New Year, we were told 20 million shots in arms. Two weeks later, still just over half that.

And since New Year, more than 3 million new confirmed COVID-19 cases across the country and nearly 40,000 more lives lost. We're now averaging well over 3,000 deaths a day.

DR. JONATHAN REINER, PROFESSOR OF MEDICINE, GEORGE WASHINGTON UNIVERSITY: Until we see hospitalizations drop, and until we start to see a sustained drop in daily cases, we're going to see this terrible toll.

(END VIDEOTAPE)

WATT (on camera): And the economic toll rolls on. Last week, nearly a million more people filed for unemployment. That's way up than the week before.

The secretary of labor says the vaccine rollout will lead to a surge in jobs, but he says that's not going to come for another two or three months -- Wolf.

BLITZER: So sad indeed.

All right, Nick Watt reporting, thank you.

More news right after this.

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BLITZER: Finally tonight, we share more stories of people who died from the coronavirus.

Maple Lee White of Mississippi was 80 years old. She enjoyed cooking and found joy feeding others. Her granddaughter describes maple as being full of spirit and says she fought until the end.

Dr. Roberto T. Carvajal of Pennsylvania was 76. Originally from the Philippines, he worked as a cardiologist for over 40 years. He enjoyed crabbing and clamming at the Jersey Shore and enjoyed spending time with his grandchildren.

May they rest in peace and may their memories be a blessing.

"ERIN BURNETT OUTFRONT" starts right now.