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Did Matt Gaetz Seek Preemptive Pardon?; Interview With Benjamin Crump, Attorney For Family Of George Floyd; Testimony Continues In Chauvin Trial; Biden Defends Definition Of Infrastructure In $2 Trillion Plan Against GOP Attacks; Ten Dems Join Lawsuit Against Trump For Role In Capitol Attack. Aired 6-7p ET

Aired April 07, 2021 - 18:00   ET

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

[18:00:07]

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 the Derek Chauvin murder trial right now. Prosecutors are drilling deeper and deeper into the former police officer's use of force against George Floyd and Floyd's ultimate death. New testimony echoing what we heard from multiple current and former police officers, who told jurors Chauvin's use of force was excessive.

An expert on the subject telling jurors that Chauvin used deadly force in a situation where no force should have been used. The defense trying again to emphasize Floyd's drug use as a way to try to explain his death. But witnesses pushed back against the defense's interpretation of what Floyd said about drugs while he was being handcuffed. Stand by for details.

I will also get reaction for -- from the lead attorney for the Floyd family, Ben Crump. He's standing by live.

Let's go to Minneapolis right now.

CNN's Omar Jimenez is covering the trial for us.

Omar, court just wrapped up for the day a little while ago. What are the top takeaways?

OMAR JIMENEZ, CNN CORRESPONDENT: Well, Wolf, the latter portion of the day, for starters, focused on drugs and drug residue found in the car George Floyd was in and in a police squad car from that day.

And one of the state agency investigators testifying that they specifically found traces of methamphetamine, fentanyl, oxycodone, and THC. But most of the day actually focused on law enforcement. And so far throughout this testimony, we have heard from at least eight Minneapolis police officers.

And when you take into account those from outside MPD, we have heard from even more.

(BEGIN VIDEO CLIP) PETER CAHILL, HENNEPIN COUNTY, MINNESOTA, JUDGE: Sergeant, just a reminder, you're still under oath.

SGT. JODY STIGER, LOS ANGELES POLICE DEPARTMENT: Yes, sir.

JIMENEZ (voice-over): Today's testimony, more cops taking the stand against former Officer Derek Chauvin.

STEVE SCHLEICHER, MINNESOTA PROSECUTOR: In your opinion, does the defendant's use of force during that time period need to be reasonable within the entire time period?

STIGER: Yes.

CAHILL: There will be the truth and nothing but the truth.

JIMENEZ: But one of the more significant exchanges came when Special Agent James Reyerson took the stand, an agent with the Minnesota Bureau of Criminal Apprehension that led the investigation into the events of May 25. The defense played him video from the scene.

ERIC NELSON, ATTORNEY FOR DEREK CHAUVIN: Publish exhibit 1007.

And I'm going to ask you, sir, to listen to Mr. Floyd's voice.

(BEGIN VIDEO CLIP)

GEORGE FLOYD, DIED IN POLICE CUSTODY: (INAUDIBLE)

(END VIDEO CLIP)

NELSON: Did you hear that?

SPECIAL AGENT JAMES REYERSON, MINNESOTA BUREAU OF CRIMINAL APPREHENSION: Yes, I did.

NELSON: Did it appear that Mr. Floyd said, "I ate too many drugs"?

REYERSON: Yes, it did.

JIMENEZ: But, minutes later, prosecutors played a longer clip from the same video.

MATTHEW FRANK, MINNESOTA PROSECUTOR: Having heard it in context, are you able to tell what Mr. Floyd is saying there?

REYERSON: Yes, I believe Mr. Floyd was saying, "I ain't do no drugs."

FRANK: So, that's a little different than what you were asked about when you only saw a portion of the video, correct?

REYERSON: Yes, sir.

JIMENEZ: A key moment, as one of the defense's main theories is that Floyd died largely from drugs in his system, combined with his medical history. Earlier in the day, Sergeant Jody Stiger with the Los Angeles Police

Department was called by prosecutors as a use of force expert and testified, like others have, the force Derek Chauvin used on George Floyd was excessive.

STIGER: He was in the prone position. He was handcuffed. He was not attempting to resist. He was not attempting to assault the officers, kick, punch, or anything of that nature.

JIMENEZ: But Chauvin's attorney during cross-examination focused on what could have happened, specifically one of their central arguments, that the growing crowd became a perceived threat and distracted Chauvin.

NELSON: And when someone starts threatening you, it's possible -- possibility that an officer can view that as a potential deadly assault is about to happen. That's what they're trained.

STIGER: Yes, that's what they're trained.

JIMENEZ: But during prosecutor questioning...

STIGER: I did not perceive them as being a threat.

SCHLEICHER: And why is that?

STIGER: Because they were merely filming, and they were -- most of it was their concern for Mr. Floyd.

JIMENEZ: The defense also moved to show there were points where Chauvin's knee may not have been on the neck, but on some portions of the shoulder. Prosecutors called the placement irrelevant.

SCHLEICHER: Is the risk related to the pressure on the neck or the pressure on the body?

STIGER: It's the pressure on the body. Any additional pressure on the body complicates breathing, more so than if there was no pressure at all.

(END VIDEOTAPE)

JIMENEZ: And on that portion of the video that played surrounding whether George Floyd actually said "I ate too many drugs," we listened to it many times, and it is difficult to make out what is actually being said.

But let's also keep in mind that the people that really matter here are the jurors that are inside that courtroom. And their attention has faded in and out over recent days, as reports from inside the courtroom have indicated, especially when you consider the change from the more gripping bystander testimony of last week to the now more detail-oriented expert testimony.

[18:05:15] There was one exception, though, that during that moment where that portion of video was being played and people were trying to figure out what's being said, jurors perked up. They have been taking notes expeditiously, as they have over the course of this week.

But, again, they are the ones that really matter in this, as closely as everyone on the outside has been watching as well.

BLITZER: Omar, stay with us, as we bring in CNN political commentator Bakari Sellers, who is a lawyer, also CNN legal analyst Paul Callan.

Bakari, jurors heard today from a consultant for the LAPD, a use of force expert, that Chauvin used deadly force, deadly force. How critical are outside experts like this in this trial?

BAKARI SELLERS, CNN CONTRIBUTOR: I mean, they're critical, because, any time you have an expert witness, it kind of gives the jury something to grasp on to, some knowledge base to grasp on to, that this person has a knowledge base that's outside the norm, so they really know what they're talking about.

And we have seen -- we have seen witness after witness after witness, and even more fascinating, Wolf, is, we have seen the blue wall crumble, that we always talk about the silence of the blue wall, but we have seen that crumble, whether or not it's experts or whether or not it's individuals in the actual police department where Derek Chauvin worked coming to testify.

Everyone has been on the same sheet of music, which is that his use of force was completely outside the bounds of what they're taught and the protocol that they're taught. So, today was another strong day, although I'm sure we will get to it in this segment. That back-and- forth about what was heard on the video was quite interesting, to say the least.

BLITZER: Yes, so far, we have heard, I think, from nine current and former police officers testifying against Chauvin, for all practical purposes.

Paul, let's talk about the confusion today about what George Floyd actually was heard saying about drugs on that body camera video. How relevant is that, what he said, or, for that matter, what he didn't say?

PAUL CALLAN, CNN LEGAL CONTRIBUTOR: I don't know how it will play out ultimately with the jury, because we have to remember that the toxicology report in the case indicated that he was using drugs.

And he also -- his girlfriend also testified that he had his ups and downs with respect to opioid use. So, I find it hard to believe that the jury would ultimately be convinced that Floyd was not a drug user.

And so the change in testimony from the lead investigator in the case saying, at first, he said it sounded like he said, "I ate the drugs" or "I was eating the drugs." And then later on, he said, no, he didn't really say that. I think it's dangerous going into that area for the prosecution, for

this reason, Wolf. There's a prior incident involving Floyd where he was arrested in a vehicle. And the claim was that he tried to ingest drugs before he could be taken into police custody.

And by getting into this area, the prosecutor may have opened the door to the defense to get into the prior incident involving drugs. And that's just going to make things worse for the prosecution. So I think they made a mistake going back into the lead investigator's testimony on this.

BLITZER: What do you think, Bakari, about that? Because whenever he did in the past may not necessarily be admissible, at least unless he himself takes the stand, right?

SELLERS: Well, no, it's not admissible unless they open the door, which is what he was talking about. I mean, sometimes, you see the prosecution kind of slip in and open that door. And if you're able to get your toe into the tent, then you're able to go in and go down that path of questioning.

And so there is -- this is actually a really good point, because what we're trying to -- you see this tug of war between the prosecution and the defense. The prosecution is focusing on the action -- actions that Derek Chauvin did or did not take.

The defense is trying to get you to focus on the actions of George Floyd. That's the tug. That's the tension. And so this is going -- this moment is so interesting, because for people who hear "I ate too many drugs," they're going to go back in the jury room and say, he's confessing that he consumed too many drugs. That probably led to his death.

And for those who hear, "I ain't do no drugs," that -- those are individuals who are going to go back and say that George Floyd is presumably guilty of murder.

Let me just tell you how patently absurd it is, though, for you to be surrounded by cops on the ground and say and use perfect English and say, "I ate too many drugs." Like, that is patently absurd. For anybody who knows anybody, that's just not something that is done or said. That makes no sense.

However, it's not up to me or you or anybody else, Wolf. It's up to those 14 people in the room, those 12 jurors and two alternates, who are going to be making this decision. If one of them heard him say on that tape, "I ate too many drugs," then this case turned today, and it didn't turn in the direction of the prosecution, no matter how absurd we found that to be.

[18:10:06]

BLITZER: Yes, and, Paul, because of the defense's arguing that he died from an overdose of drugs and a prior medical history, as opposed to being choked, for all practical purposes, to death.

CALLAN: Oh, yes, absolutely, Wolf.

And that's why this is such an important issue. And to have it being focused on in the prosecution's case, and maybe opening that door to the prior incident, I think, is going to hurt the prosecutor's case.

If I were the prosecutor in the case, I would be saying, hey, we don't have the death penalty in the United States for the use of drugs. And even if he was a drug user, he had to be treated properly and with the right amount of proportional force, not enough to choke him to death.

That's where the battle should be fought and not on whether George Floyd use drugs or not. The prosecution is going to lose if they're going to try to fight that battle.

BLITZER: Yes, that's a good point.

Omar, do we yet know how many more witnesses the prosecution is planning to call?

JIMENEZ: Not specifically, but we do have clues as to that front.

For example, we know that, yesterday, there was a police medical coordinator that testified. And the judge said that she could be called back by the defense, which the defense wanted to call her as a witness, by as early as this coming Tuesday. So, that gives an indication that it does appear prosecutors would be wrapped up by then.

Critically, though, if you -- if you're taking stock of kind of the sections of what we have been looking at over the course of testimony, you had the establishment of what happened. That was largely last week, where you're hearing from bystanders, you're hearing from first responders.

Then we're now sort of in this phase of use of force, trying to determine, was this use of force excessive? That's when you brought all these law enforcement officers in.

Then, what will likely be the final portion of this is the most critical, trying to establish what the actual cause of death is for George Floyd, the main fight in this. And so we still have yet to hear from maybe the most important witness to testify over the course of this trial, and that would be the Hennepin County medical examiner.

So, again, we have some clues as to what's to come, no specifics yet. But, again, we are making good progress into what could be the final phase for the prosecution.

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

Just ahead, I'll speak with the lead lawyer for the George Floyd family about the Chauvin defense strategy that keeps circling back to Floyd's drug use. Ben Crump is standing by live.

Also, as Congressman Matt Gaetz is now under federal investigation, we're learning more about a pardon he apparently sought from President Trump while he was still in the White House.

(COMMERCIAL BREAK)

[18:16:32]

BLITZER: We're back with new reactions to today's testimony in the Derek Chauvin murder trial.

We're joined by the lead attorney for George Floyd's family, Ben Crump.

Ben, thank you so much for joining us on another very busy day.

It's day eight, as you know, of witness testimony in this trial. How well, in your view, is the prosecution doing in building the case against Derek Chauvin?

BENJAMIN CRUMP, ATTORNEY FOR FAMILY OF GEORGE FLOYD: I think Attorney General Keith Ellison and his team of prosecutors are making a very compelling case why Derek Chauvin should be held criminally liable for killing George Floyd.

I think there are always going to be a lot of different aspects of a trial. But I think, when you look at, strategically, how they're laying out this trial, the jury will see that the reason George Floyd is dead is because Derek Chauvin violated all policies and procedures and used unnecessary excessive force by keeping his knee on George Floyd's neck for nine minutes and 29 seconds.

BLITZER: Do you think the prosecution has made some missteps? Some are suggesting they have. At times, we have heard witnesses agree with the defense line of questioning, for example.

CRUMP: Well, I think, as our legal team discussed, the civil lawyers, every law firm, every lawyer does things differently.

I believe the prosecutors are trying to make sure they win the rule of primacy. Anything at all, they want to introduce first, Wolf, so they can have credibility with the jury that they're not trying to hide anything.

And when you look at every single scintilla of evidence in this case, you will still conclude that Derek Chauvin is criminally liable for killing George Floyd on May 25, 2020.

BLITZER: At the trial today, Chauvin's defense attorney highlighted body camera video of something that George Floyd said about drugs. It's very hard to hear what exactly he said. There was clearly a lot of confusion in the courtroom today about it.

Did he say "I ate too many drugs," as opposed to "I ain't do no drugs"?

What bearing, if any at all, do you think that has on this case?

CRUMP: I don't think it has much bearing at all. I think the defense is going to try to continue to distract you.

They're going to make all kinds of wild allegations. And another aspect of their defense, they're blaming the crowd as a reason Derek Chauvin kept his knee on George Floyd's neck. They're going to blame everybody and everything except Derek Chauvin.

And we can't be distracted by these innuendoes and these allegations to try to distract us from what really happened. This is not a hard murder case in the death of George Floyd, when you look at that video. It just isn't, Wolf.

BLITZER: What do you hope, Ben, it says to the jury that eight, at least eight current and former members of the Minneapolis Police Department so far, including the chief, by the way, have testified against their former colleague, the former police officer Derek Chauvin?

[18:20:05]

CRUMP: Wolf, I think it's very powerful testimony.

And, unfortunately, it's very unusual testimony to hear from the police chief and the chain of command testifying against a police officer in a department.

But I'm hopeful, Wolf, with this trial as the tipping point for so many things. I'm hoping that it will be a precedence of police officers stepping beyond the blue wall of silence and telling the truth to make sure that people can have respect, that they, too, will tell the truth when people do things inappropriately.

In our neighborhoods, they always want people to tell the truth, even when people who are close to you do something wrong and unjust, to tell the truth. So it's good that police officers are showing us in the community how to tell the truth when people do wrong.

And so, hopefully, this precedence will not be something that is unusual. It will become the norm.

BLITZER: Finally, before I let you go, Ben, I know you have an important meeting coming up with federal authorities, with family members, community leaders. Tell us about that.

CRUMP: Well, it's just simple.

Everybody is trying to not only heal this family. They're also trying to heal this community and heal this country. And everybody that is watching this trial is suffering PTSD. And we got to heal from this. And, hopefully, part of that healing is that we can have justice, because, as Dr. King said, peace is not the absence of tension, but the presence of justice.

We need to make sure we get justice for George Floyd and his family.

BLITZER: Ben Crump, thanks so much for joining us.

CRUMP: Thank you, Wolf.

Coming up, a new angle to the scandal surrounding GOP Congressman Matt Gaetz, as we're learning about the pardon he sought from then- President Trump.

And we're getting new video of the attacker in the deadly car ramming at the U.S. Capitol last week, showing what he was doing just before the incident happened.

(COMMERCIAL BREAK)

[18:26:56]

BLITZER: Right now, we're getting new information about Congressman Matt Gaetz, as the Republican and Trump loyalist is under federal scrutiny in a sex trafficking investigation.

CNN senior legal affairs correspondent Paula Reid, down in Florida, in Gaetz's home state.

Paula, Gaetz apparently tried to get a preemptive pardon from President Trump before he left office. What more are we learning?

PAULA REID, CNN SENIOR LEGAL AFFAIRS CORRESPONDENT: Well, CNN has learned that Gaetz sought a preemptive pardon at the end of the Trump administration. We have learned he made this request known to someone outside the White House Counsel's Office, and there's no indication that he made this appeal directly to the former president.

Now, this idea of a preemptive pardon, something to protect you from future legal jeopardy, is something we're told the Trump administration was just not willing to entertain.

But Congressman Gaetz was one of former President Trump's most loyal supporters. And, today, the former president finally weighed in on the Gaetz investigation in a brief statement. He said Gaetz never directly asked him for a pardon. And he noted that Gaetz has denied these allegations.

Now, there's some question about whether Gaetz would have known he was under investigation at the time of this request, as CNN has learned the investigation into Gaetz began in the final months of the Trump administration, and he has had a lawyer since last summer, suggesting he may have known he was in some legal jeopardy at that time.

BLITZER: Yes, the investigation apparently began when Bill Barr was the attorney general of the United States during the Trump administration, as you correctly point out.

A key player in this whole Gaetz story, Paula, is someone by the name of Joel Greenberg. He's about to appear in court, we're told, tomorrow on charges that include sex trafficking. Remind us viewers what Greenberg's connection is to Gaetz and why his court appearance potentially could be very significant.

REID: Wolf, Greenberg is one of Gaetz's closest friends and political allies.

Actually, the investigation into Gaetz began with a broader sex trafficking investigation that resulted in Greenberg being indicted. Investigators are looking at whether Gaetz and Greenberg searched for women online and then exchanged sex for gifts or money.

Now, Gaetz has, of course, denied these allegations. So far, in his criminal case, Greenberg has entered a plea of not guilty. But, as you noted, Greenberg is back in court this week. His case will be before a judge at this courthouse tomorrow.

And as the charges add up -- prosecutors have now added allegations of embezzlement. As these counts, as these charges add up, so does the pressure on Greenberg to flip on Gaetz or other people who may be involved in this alleged sex trafficking ring.

So, that's what we're watching for tomorrow in court, any indication that Greenberg could potentially flip on his longtime friend.

BLITZER: Yes, we will see what happens.

Paula Reid on the scene for us in Florida.

Thank you, Paula. We will see you back here tomorrow.

Joining us now, the former deputy FBI Director Andrew McCabe. He is a CNN senior law enforcement analyst. He's also the author of the book "The Threat: How the FBI Protects America in the Age of Terror and Trump."

Andrew, thanks for joining.

Is seeking a blanket preemptive pardon an action you would expect an innocent person to take?

[18:30:08]

ANDREW MCCABE, CNN SENIOR LAW ENFORCEMENT ANALYST: In a word, no. Innocent people don't typically have those sorts of relationship with the president. In this case, obviously, the congressman did. But innocent people don't ask for pardons -- don't ask to be pardoned for criminal activity that they were not engaged in. So it's a very curious development in the story, and certainly one that doesn't look good for the congressman.

BLITZER: The statement from Trump saying, and I'm quoting now Congressman Matt Gaetz, has never asked me for a pardon. He's not saying Gaetz never asked for a pardon from the White House or other officials, he's just saying that Gaetz never asked him directly for a pardon. So what does that say to you?

MCCABE: It doesn't say much. I think you've pointed out the fallacy in that denial. And I think also, according to The New York Times' reporting, the request came from Gaetz into the White House staff, most likely the General Counsel's Office, which is where those request would go. It's really unlikely that a request like that would just get dropped right on the president's lap.

So it's possible that the congressman never spoke directly to the president about it and that's given the president some shelter to put be able to put out that misleading statement.

BLITZER: Where does this whole situation go, Andrew? Where does this go from here if Gaetz's associate, this guy, Joel Greenberg, decides to cooperate tomorrow, to plead guilty, to flip, as they say, cooperate with authorities in the hopes of getting a reduced sentence?

MCCABE: You know, Wolf, he is the key to this entire case, right? He's right in the middle of it. He has incredible knowledge and participation in these events, according to the allegations against him. As Paula mention, he has increasingly been placed under greater and greater pressure as they add charges and add charges to his indictment.

We know that when he -- when the law enforcement went to arrest him in the most recent charges, he did not react well in that situation. Kind of hold up in his house for a while, claimed to -- made some claims that he might hurt himself. So he is clearly under incredible pressure.

And if Greenberg cooperates against Matt Gaetz and anyone else who might be involved in this scam, it is likely that he has a lot of very relevant evidence. So he might have direct evidence, photographs, videotapes of illegal activity, but he could also have indirect evidence, for instance, if he has a text message with one of these women that's allegedly involve saying, hey, meet my friend, Matt, at the hotel at such and such a time.

That's the sort of detail that agents can then go out, corroborate, verify, and all of that would make the case against Matt Gaetz or anyone else much stronger.

BLITZER: Because if he were to, let's say, plead guilty and fully cooperate, that would be a nightmare scenario potentially for the congressman, right?

MCCABE: That absolutely right. If you cooperate in the federal system, you are required to tell the prosecutors everything you know about all the illegal activity you committed or any illegal activity that you're aware of. If Matt Gaetz and Joel Greenberg were as close as it seems they were, that would be a very bad day for Matt Gaetz if it happens.

BLITZER: Andrew McCabe, as usual, thanks so much for joining us.

MCCABE: Thanks, Wolf.

BLITZER: Just ahead, more urgency in the race to vaccinate Americans as the highly contagious U.K. variant is now the dominant strain here in the United States.

Also, we're getting some new video of the attacker in the deadly car ramming incident on Capitol Hill, a video showing him buying a weapon minutes earlier. (COMMERCIAL BREAK)

[18:35:00]

BLITZER: Tonight, President Biden is defending his definition of America's infrastructure as he pushes his $2 trillion plan to try to fix it.

Let's go to our Chief White House Correspondent Kaitlan Collins. Kaitlan, Republicans say the president is going way too far beyond the traditional focus of things like roads and bridges. What is the latest?

KAITLAN COLLINS, CNN CHIEF WHITE HOUSE CORRESPONDENT: And he is pushing back on that, saying that they really need to have a different definition of what infrastructure is these days, saying that you can't just rely on this traditional definition that you've seen Republicans talk about it when they say that there are aspects of this bill that they just cannot support because they think it's too far outside the stretch of the definition of what that word means.

But President Biden basically addressed all of this tonight, Wolf, in a speech here at the White House that seemed to be aimed squarely at those Republicans who are pushing back on his proposal so far, saying that he wants to work with them. He said, he's open to a negotiation but he said that he's not open to doing nothing.

(BEGIN VIDEOTAPE)

JOE BIDEN, U.S. PRESIDENT: It's not a plan that tinkers around the edges.

COLLINS (voice over): Tonight, President Biden is justifying his plan to revamp the nation's infrastructure as Republicans say he's attempting to redefine what it means.

BIDEN: We invest today so these jobs will be here in America tomorrow.

COLLINS: Biden arguing infrastructure isn't just roads and bridges but water pipes, electric grids and broadband too.

BIDEN: But to automatically say that the only thing as infrastructure is a highway, a bridge, or whatever, that's just not rational.

COLLINS: Republican lawmakers say the president is stretching the definition by including hundreds of billions for home care services and electric vehicle charging stations in a package they say should be more narrowly focused.

SEN. ROY BLUNT (R-MO): When people think about infrastructure, they're thinking about roads, bridges, ports and airports.

[18:40:03]

COLLINS: Biden arguing it's time to expand that definition or risk losing out to other countries. BIDEN: Do you think the rest of the world is waiting around? Take a look. Do you think China is waiting around on investing in this digital infrastructure? I promise you, they are not waiting.

COLLINS: Biden's plan is facing an uphill battle in Congress but not just from the other party. Moderate Democrats like Senator Joe Manchin have come out against his proposal to raise the corporate tax rate from 21 percent to 28 percent, though Biden said today he's open to negotiating.

BIDEN: I'm not trying to punish anybody, but damn it, maybe it's because I come from a middle class neighborhood. I'm sick and tired of ordinary people being fleeced.

COLLINS: At least two corporations, Amazon, and the ride sharing company, Lyft, have both publicly supported the move.

POPPY HARLOW, CNN ANCHOR: Does Lyft and do you support a 28 percent corporate tax rate to pay for it?

JOHN ZIMMER, LYFT COFOUNDER AND PRESIDENT: I do. I think it's important to make investments again in the country and the economy.

COLLINS: With coronavirus infections rising in the U.S., passing his infrastructure bill is far from being Biden's biggest challenge.

DR. ROCHELLE WALENSKY, CDC DIRECTOR: The B117 variant is now the most common lineage circulating in the United States.

COLLINS: CDC Director Walensky confirming today the U.K. variant is now the most common strain of coronavirus in the U.S., not just among the different variants. Studies have shown it is more contagious, more dangerous and maybe even deadlier.

WALENSKY: It is the most common lineage, period.

COLLINS: With three vaccine authorized, Dr. Anthony Fauci said today, studies have shown they likely provide protection for a minimum of six months and likely even longer.

DR. ANTHONY FAUCI, DIRECTOR, NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES: Antibody is delivered by vaccination persist at least six months and likely from the shape of the curve well beyond that.

COLLINS: A fourth potential vaccine from AstraZeneca hasn't been authorized in the U.S. yet, but it's facing further setbacks in European countries over concerns about links to rare blood clots. Dr. Fauci telling CNN we have three excellent vaccines. Even if the FDA deems that this vaccine is a very good vaccine, we don't need yet again another very good vaccine.

(END VIDEOTAPE)

COLLINS (on camera): And, Wolf, tomorrow here at the White House, you're going to see President Biden take his first actions on guns since taking office. He's expected to sign a series of executive actions. The question, of course, is going to be how far do they go and is it far enough that you've seen some progressives and gun control groups call for it. That remains to be seen.

But one thing we should note that he is going to do is nominate someone to run the Bureau of Alcohol, Tobacco, Firearms and Explosive. That's a federal agency that, of course enforces, those existing gun laws that has not really have permanent leadership in quite some time. But tomorrow, he is going to nominate David Chipman who currently works at a gun control advocacy group to run that agency, Wolf.

BLITZER: We will see as far as gun are concerned tomorrow how far he can go with executive action as opposed to formal legislation up on Capitol Hill. Kaitlan Collins, thank you very much.

Let's get to more in the pandemic right now. Joining us, Dr. Paul Offit, he's the director of the Vaccine Education Center at the Children's Hospital of Philadelphia, also a member, by the way, of the FDA Vaccines Advisory Committee. Dr. Offit, as usual, thanks so much for joining us.

And as you heard in that report, the coronavirus variant first identified in the United Kingdom is now the most common strain of coronavirus in the U.S. So how are the vaccines, first of all, holding up against this U.K. variant?

DR. PAUL OFFIT, MEMBER, FDA VACCINES ADVISORY COMMITTEE: Well, the good news is, that this U.K. variant is actually very similar to the virus that was sweeping across this country and caused more than 560,000 people to die. The problem is it's more contagious. But it doesn't appear, in any sense, to be more resistant to immunity induced by natural infection or the immunity induced by vaccination, all the more reason to get vaccinated as quickly and efficiently as possible now.

BLITZER: Yes. So the vaccines that have been authorized here in the U.S. actually work as far as this U.K. variant is concerned. That's important.

Dr. Fauci says we have three effective vaccines in the U.S. right now that likely will offer protection for at least six months, maybe a lot longer than that. How do you expect the antibodies from these vaccines, how long do you expect they potentially could last?

OFFIT: Right, you probably never make predictions about this virus or the vaccines because you could be wrong. But I would say that, right now, Dr. Fauci is right. When you're looking at the shape of the curve for antibodies and high antibodies do appear to correlate with protection against disease. It is heartening to see that the level of antibodies that are induced by these very powerful vaccines that could last hopefully well past a year, that's certainly the hope. But, again, we'll only know in time.

BLITZER: Dr. Fauci also says the U.S. doesn't necessarily need yet another vaccine, specifically, we're talking about that AstraZeneca vaccine, even if the FDA were to deem it to be very good, which they haven't done yet.

[18:45:10]

It hasn't even come before the FDA at least not yet. Why is that not the case?

OFFIT: Well, it came to be companies like Novavax, companies like AstraZeneca submitted their products, their vaccines, for approval under emergency use authorization, we would consider that and would have to hold it to a very high standard of safety, a very high standard of efficacy.

And then, ultimately, it would come to the CDC to decide whether or not it's useful. I will say this though, I think in some ways, you can't have too much vaccine. I mean, we are only going to be protected in this country to the extent that the world is protected. And I think once we get our own house in order, get control of this virus in this country, we realize that we are only as strong as the weakest country out there.

To give an example, every year in this country, children get a polio vaccine. We haven't had polio in the United States since the 1970s. Why are we still getting a vaccine? The reason is, is because the virus is still fairly prevalent in places like Pakistan and Afghanistan, and international travelers common.

We're technologically and economically advanced country and therefore, I think, we have a responsibility to the world to provide as much vaccine as we can.

BLITZER: Vaccine -- the administering the vaccine has been really, really impressive. That's the good news. The bad news is that nearly 1,000 Americans died yesterday from COVID. The deaths continue. So, everybody has got to wear that mask and stay safe.

Dr. Paul Offit, thanks as usual for joining us.

OFFIT: Thank you.

BLITZER: Coming up, 10 more Democratic lawmakers join up in a lawsuit against former President Trump, for his role in the attack on the U.S. Capitol.

Plus, new stinging new comments from former Republican House Speaker John Boehner, slamming Trump for inciting the insurrection.

(COMMERCIAL BREAK)

[18:51:19]

BLITZER: We're following the latest developments on the investigation into the deadly U.S. Capitol riot, as former President Trump now faces more criticism from lawmakers, who blame him for inciting the insurrection.

CNN's Brian Todd is tracking all the late breaking developments. Brian, so we're getting the first indication that some riot defendants right now are starting to cooperate with authorities.

BRIAN TODD, CNN CORRESPONDENT: That's right, Wolf. We just learned that at least one of the Capitol riot defendants has flipped against the far-right pro Trump group, the Proud Boys. That's according to an attorney involved in the case, who did not reveal the name of the person flipped. This could go a long way for building conspiracy theories against Proud Boys associates.

And it comes, as Wolf mentioned, former President Trump deals with more fallout from the attack.

(BEGIN VIDEOTAPE)

TODD (voice-over): The former president, under more legal and public pressure tonight for his words and actions preceding the January 6th attack on the capital.

DONALD TRUMP, FORMER PRESIDENT: We fight like hell and if you don't fight like hell, you're not going to have a country anymore.

TODD: Ten members of Congress who were in the House gallery as rioters stormed the Capitol are adding their names to a lawsuit already filed against Donald Trump and his former attorney, Rudy Giuliani.

REP. BENNIE THOMPSON (D-MS): My congressional duties --

TODD: That lawsuit brought to many Thompson and the NAACP, accusing Trump and Giuliani of conspiring with extremist group the Proud Boys and the Oath Keepers, to insight the riot.

Those Congress members joining the lawsuit are now telling personal stories of their personal fear and anxiety that day as they narrowly escaped the mob. Quote, as I sat in my office on January 6th with rioters roaming the hallways, I feared for my life. I thought I was going to die, said Democratic Congressman Steve Cohen, who also reveals in the suit, he sat in his office with the lights out clutching a baseball bat for two or three hours that day.

PROF. FRANITA TOLSON, VICE DEAN, USC GOULD SCHOOL OF LAW: The personal narratives add a human dimension to this.

TODD: A Trump spokesman has denied that the former president incited the mob on January 6th. What other congressmembers' chances of winning the suit?

TOLSON: There's an argument that given the preplanning by groups like the Proud Boys and the Oath Keepers, that they conspired to try to overthrow the government or impeach members of congress as they sought to exercise their constitutional obligations.

But this is a different thing to try to lump in President Donald Trump or Rudy Giuliani with that group.

TODD: This comes as former House Speaker, John Boehner, a fellow Republican, is blistering Trump over the riot. In excerpts from Boehner's forthcoming book, obtained by "The New York Times", Boehner says Trump, quote, incited that bloody insurrection for nothing more than selfish reasons, perpetuated by the bullshit he'd been shoveling since he lost a fair election the previous November.

A similar refrain from retired Lieutenant General Russel Honore, who led the independent probe of Capitol security after the riot. He didn't mention Trump by name, but referred to the misinformation given to people who later stormed the Capitol.

LT. GEN. RUSSEL HONORE (RET.), LED REVIEW OF U.S. CAPITOL SECURITY: Just tell them with a little B.S. about what they want to here, a sliver of truth, and have them (INAUDIBLE).

TODD: Misinformation which monitors of extremist groups say still poses a threat.

PROF. ASHLEY REICHELMANN, EXPERT ON EXTREMISM, VIRGINIA TECH UNIVERSITY: Because it's been viewed so many times and it continues to be shown, there are groups of individuals who will use that information, in order to delegitimized the current president, as well as any actions that are taken. But also, to legitimize any actions they may take.

(END VIDEOTAPE)

TODD (on camera): A Trump spokesman responded to John Boehner's criticism, not by addressing the topic at all, but by calling Boehner a, quote, swamp creature, and suggesting that Boehner's criticism was motivated by his own business ties to China -- Wolf.

BLITZER: You know, there is new video of Noah Green, a man who killed a Capitol police officer last week, injured another, shopping for a knife just before the attack. What are you learning, Brian?

[18:55:01]

TODD: Right, Wolf. CNN has obtained surveillance video from the store where he purchased a knife. That store is called District Cutlery.

The owner tells CNN that Green entered the shop at about 11:06 a.m., on Friday, left at 11:28 a.m., about an hour and a half before the attack. He's shown looking at knives in asking if he could touch one, then he buys one for about $300 -- Wolf.

BLITZER: Brian Todd reporting for us, thank you very much.

And more news right after this.

(COMMERCIAL BREAK)

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

Michael Grissom of Colorado was 74 years old. He was a proud father, grandfather and great grandfather who enjoyed gardening, playing dominos, pool and watching court TV shows. His daughter Shelley says he wasn't afraid to live his life to the fullest.

William Hyder of Arizona was 77. He was a U.S. Army veteran and attorney and former prosecutor who practiced law until his final days, a devoted husband and father. His daughter Stacey says that he was also funny, intelligent and always very humble.

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

Thanks very much for watching. I'm Wolf Blitzer in THE SITUATION ROOM.

"ERIN BURNETT OUTFRONT" starts right now.