it's true. he was charitable. it was literally a string attached that time. i am chris cuomo. welcome to "primetime". 176 innocent people were killed taking off from iran on their way to ukraine. and we have new evidence that most likely missiles shot from and by iran are to blame. we had the forensics and the analysts to make sense of it. and the minds to tell us what this means for the united states. and the president said more at a rally tonight about why he had to take out soleimani than he did in his national address about imminency. he has yet to prove any good reason why it had to be done at that time and yet the house voted nowhere near close to unanimously on taking back the power this president used without basis.

why? time to test. all right. first, the plane. soon after iran fired missiles on u.s. forces in iraq, a passenger plane went down in a ball of flames. new evidence indicates iran shot down ukrainian flight 752 with two surface-to-air missiles made by russia. u.s. apparently saw iranians radar signal locking on to the jetliner before it was shot down along with satellite and other data. canada also says it has intel the plane was shot down but may have been unintentional. can something like this happen by accident? the families of the 176 victims, they deserve answers. iran has gone back and forth with the who did it, they're not

going to talk about it. their desire to share data. we have new video obtained by cnn. joining us now to help us walk through it. what does it mean going forward. major general james spider marx and a former faa safety inspector. thank you, dachb ud. you walked us through it. specifically this. okay. this is the video of what we have. you dpguys ready? i i'm going to play it in full. let's try it again. here it is again. watch for this little blip, which is believe to be something approaching the plane. and again. all right. now, here it is. it took the time to slow it down for you. listen, i'm not trying to show you this in some type of theatrical way.

it's to get to the truth of the 176 deaths. the families at the deserve to know and the political ramifications. this is believed to be some type of insindiary device or missile. and you'll watch as it hits, that's the explosion. this explosion is believed to be the airplane. you'll remember from the other night. remember this? the video someone took? this was believed to be -- it was believed to be the airplane. okay. now, do we still believe it was the airplane? i believe yes, we'll talk to david about it and eventually we saw this descent. all right. this is the after impact of it being struck. this is the moment of impact, they believe. david, first all of, this video, i know you've reviewed it all.

does it look like what it appears to be, that something approached this aircraft and struck it? >> it most definitely does. there's little question about what that is in my mind, if it's an actual valid video. >> now we get into what was it. how did this happen? the idea of iranian capability, spider, could they have done this? >> absolutely. they have a russian-made surface-to-air missile made in the early 80s. not overly sophisticated but it has capabilities to go after, particularly cruise missiles. which means it has incredible maneuverability. this is an a-sending aircraft with passengers. >> and weigh in.

how do you make this mistake? do you not know what the plane is? does the thing launch itself? what are the varyblts at the make it something other than the plane? >> first of all the context of missiles being fired into iraq almost simultaneously. you have a very hot, contested, busy airspace over iran. that's number one. eve everybody's on a heightened level of alert, concern. there's a lot of chaos. and they have commercial flights still leaving the tehran airport, which i think is amazingly irresponsible. >> good pointed. the idea iran would not clear the airspace, does this show how sloppy they are, or is there another explanation? >> i can't think of another explanation. i'm outraged about this because of the fact the u.s. has restrictions.

but the passengers had no idea they were flying into this area. they went through security. they were on the safest airplanes in the world and we fly it right into a war zone. it's totally, as spider said, is completely irresponsible. >> so the lack of coordination we would assume between military and government doesn't seem to happen. now, your earlier point about when this was happening. do we know this plane was taking off during the time of actual missile bombardment by iran? >> i don't know. i've not seen any of the timelines in the sequencing of at the? >> so does it change if it's after? while we were processing this plane takes off and gets hit? >> no, doesn't matter at all. heightened levels of alert. people are concerned. this type of capability can be in an automatic mote or a manual mode.

i don't know which one of those was triggered at that time. but when this was launched, clearly it was done in an automatic mode. and authority deligated authority down to the firing battery around the air field. in other words, why would you deligate at the authority? >> a little bit of context, back in june when they shot down at the u.s. drone, they offered up an excuse of this was underling general that made a bad call. this wasn't supposed to happen. could that be the case here, that some dope decided to fire a missile in clear error of something that looks nothing like something coming to hit you. you're firing up at something clearly trying to move away as you see the video.

if we could get the video to play full again. they're obviously aiming at something going up and away. is that something you can write off to being a dopend doing your job poorly? >> doing your job poorly, horrible training. irresponsible command and control type apparatus. this is a dangerous situation we're talking about. crowded airspace with a lot of animosity and conetic -- >> does at the sound like the iranians to you? >> absolutely. we see the militias doing their own thing over time. local commanders making their decision to go execute some particular task. well, where's the control mechanism that says we want to do that. where's the grander strategic

view? what's the overall strategy you're trying to achieve here and moderate that behavior. >> the ability to escape responsibility for this. there's a suggestion they'll probably blame the united states. well, how? furenzically are you going to be able to determine where are the missiles coming from? the latest word is iran would let boeing have a representative there, which may be a rntsb rep go. and how do you escape responsibility? >> well, you would be able to rule out who it wasn't. i don't know if you can say who it was or why they did what they did. definitely we can do rebuild. if you remember inmate 17 accident. that was a different missile. i believe it was the mr-50 boot

missile. at the same time we were able to reconstruct it, show exactly where the penetrations came in, where they came from and we know it was three meters from the cockpit when at the explosion happened and sendic shrapnel to the airplane. do a reconstruction, fiennd out exactly where it exploded and the direction it came from. >> so the facts will show who has to own it. whether it will be owned and what it means going forward we'll take up later in the show. major general spider marx, thank you very much. two nights in a row. appreciate it. so, if the most likely scenario we showed you here and the facts triangulate to it being iran, then what? what if they don't? what does it mean to the united states? there could be implications to our safety from this. how so? next.

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2018 malaysia airlines flight 17 was shot out of the sky over eastern ukraine. 298 on board, all obviously killed. i was there. i saw the scattered debris first hand. more importantly i heard the denials from russia-backed rebels. i watched them point guns at us to keep us from investigating the scene. i watched them refuse to accord the dead any respect. being tough even on u.n. investigators. ultimately it was concluded russia-backed separatists were responsible. what's the point? for political reasons, people do terrible things to innocents in the air. 2003 shot down flight 007 after it strayed into its territory. the soviet union claimed the jet was on a spying mission.

all dead, including u.s. congressman. then, in 1988 there was piece of notorious history. a u.s. navy war ship in the persian gulf was engaged with iranian gun boats. in the midst of it he mistook it for a fighter jet. tehran believed the u.s. did it on purpose. and it was a big, big block between the united states and iran to this day. now, if iran is to blame for shooting down a passenger jet in the midst of the stand off with the united states, what are the variables going forward? let's bring in the former state department official and scholar at johns hopkins university. just to remind people this is done before, has been done before and offon for different reasons.

let's just look at removing some types of possibilities. what is the chance iran did this on purpose thinking this was a way of retaliating against the united states? >> i don't think so largely because the majority of the passengers are iranian. they were probably dual citizens. and ultimately it's very difficult to show that such a low altitude there was a projectile coming from this plane. i think the biggest problem the iranian government has is to explain to its own people why 176 people died, majority of whom are iranians. there's a lot of grief. and they haven't come out immediately saying this was an attack from the outside. their initial explanation was this was a mechanical failure

and the plane was trying to turn around and come back. >> how can they not know what it was? we have the video, they must have the video and in all likelihood, they shot it. >> the knee-jerk reaction is not to say we were on a hair trigger. or this was a mistake. you have people starting to deny. and then they're trying to come up with some kind of explanation. then there's silence. as you can see the position has changed from we're going to handle the black box and nobody from the outside can come in. they're inviting boeing to come in. i think at some point it's to their own advantage to come out and say they made a mistake. and they were in the midst of a missile launch against the u.s. and they reacted as if they were being attacked. >> i would assume this was a nonfactor and the u.s. would

follow suit with the international community in demanding accountant and reckon pence. but i had stated department officials off the record giving me background information at the we have to be careful here. the ramifications to our own exposure to iran. >> first all of, because there were no americans on the flight.

even civilian flights are safe. and that's not a message -- because it creates additional pressure. i mean, one of the consequences of the shooting down is probably for some time other airlines are going to cancel flights to iran. that means it's going to be even more difficult for them to travel. create unhappiness within iran. this is a headache for an iranian government they have to figure out how they're going to handle. >> what i'm waiting for. tell me if this is one of the right cues. i'm waiting for the people the united states needs as allies in the region who were quiet about taking out soleimani. i mean even france, we're talking about deescalation, not taking america's side. i'm waiting for allies to come

out against what iran did here, bra because otherwise you have the u.s. against iran and that's not good. >> when you listen on the president, he was very care fool say this is what we suspect or strongly suspect. you have to see the facts. you have to fully establish more than just somebody is on the side of the road and say this is a missile. this is where it originated. is this a mistake or something else? all countries have to be careful not to get ahead of themselves and intervene and then be seen as being too eager to pick on anything posable to basically criticize the iranian government. and then also the european governments don't have a standing immediately unless they have citizens on this flight. right now the country that's

most agrieve is ukraine. they lost an airplane. a number of their own citizens were killed in this. and in canada, which has a number of citizens, but if there were no french, germans, dutch, americans, they have to wait and see what is the final verdict. and ultimately, once the debris has been looked at, how do we respond? even when airplanes go down for accident or malfunction, there is some pause not to immediately come out -- >> absolutely. this is going to unfold. >> but what i'm saying is an analici analysis i know you share is -- and the place we'll see that manifest is in the region with iranian proxies doing very

inflammatory things. and the united states will need a coligds, its friends to deal with it to the extent they deal with it at all. thank you so much for your perspective. appreciate it. the president was anything but confident when he addressed the nation. he offered you no proof of why the iranian general posed an imminent threat. i'll show you something in a little bit. but tonight at the rally, he dropped something he's never said before. i'm going to lay out for you how there's an obvious lacking of strategy and proof of imminency. first of all, facts first so you can decide. he wanted a man cave in our new home. but she wanted to be close to nature. so, we met in the middle. ohhhhh! look who just woke up! you are so cute!

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remember this president, donald trump, told you u.s. intel is not to be trusted. classified information, confidential informants, forget it. reveal them when it matters. so, why has he offered you none

of that? he limped through his address to the nation when it counted. but tonight at the rally, look at him. >> soleimani was actively planning new attacks and he was looking very seriously at our embassies and not just the embassy in baghdad, but we stopped him and we stopped him quickly. >> look at them all. where was at the in the national address? in the briefings as relaid from our law makers? it was about another embassy, multiple embassies. does not sound like our members of congress. members of his own party were told that and he never said it in the address. would this president lie to these rally people about that too? the vice president says let me answer the question. some of the most compelling

evidence -- >> some of the most compelling evidence that soleimani was planning an imminent attack also represents some of the most sensitive intelligence we have. it could compromise those sources and melgteds. >> remember their reaction to the same rational. remember what they said about the same explanation. listen. >> the deep state are desperate to stop us. >> we've got to get to the bottom of mow all this started. >> they hit where nobody could see it. >> and remember truth is a force of nature. >> a force of nature the truth but we can't share it. even when he has to justify it. and he's president of the united states. and he says they have to guard it because of two things. one, leaks.

but remember trump pardoned scooter libby, the guy convicted for his role in one of the biggest intel leaks, which in no small irony stem from bad intel used to start a war. second, you know who's never been convicted of leaking national security intel? any member of congress past or present. and the idea of protecting an embassy? now, that matters to law makers. you remember benghazi? >> benghazi tend to confirm a lot of our worst fears about the government. >> i believe hillary clinton's responsibility, her refusal to provide an adequate defense, her dare licks of duty should forever preclude her from higher offices. >> mike lee and rand paul, not exactly a couple of antitrump rtz and they care about

information. here is how they came away from the briefing about what made taking out his general imminent >> it's unconstitutional. >> the constitution. >> now, iran bad when it comes to american interests. soleimani, bad. our embassies in the region are targets are years. so all of at the is true but none of the answers the question of why now. that's what imminent means. trump knows this. that's why he laid it out to the rally folk. but he can't prove it. now, when will that sink into congress. do your job and make sure our military is not exposed for no reason. this is your job in the constitution.

the house has taken action to remind the president he has to go to congress first if he wants to take further action. it wasn't unanimous. is it only symbolic? the chairman of the house democratic caucus answers next.

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the president tonight offering a part of what he called obvious reasons for killing one of iran's top generals and the reason is he's planning to blow up more u.s. embassies. ever heard at the before? me neither. congress says it's not that obvious.

republicans and democrats in congress and republicans and democrats as president. the vote mostly along party lines. you had a few democrats cross lines and a few republicans cross lines. and the war powers resolution aimed to limit the president's ability from 1973 that you can't do in iran or anywhere else without congressional approval. is anything going to change? let's get perspective from congressman hakeem jeffreys. happy new year to you and your family. >> good to be on. >> as you well know i swing at you guys on a regular basis that administration after administration congress has side stepped its constitutional duty and let presidents do things, i argue, they should not. this is clear evidence he doesn't have to consult with you. what can you do to change it?

you couldn't even get the democrats to vote on it. >> we took a step in a bipartisan fashion to reassert congress's responsibility to declare war. the framers of the constitution made a clear decision to vest that authority in congress, presumably to make sure all of the views and interests and hopes and dreams and assprations, fears, concerns and anxieties of the american people are thoroughly vetted and debated. i think we took an important step in at tthat regard today. and hopefully the senate will do the same. >> how does the house get the senate to have to vote on this? and you're right to think about it that way. but by the nature of what you're going to send over.

you only had a handful of cross overs. there's a big legal debate. that it would have the effect you want it to. >> this is an initial step in the right direction. the clear assertion by the house, speaking on behalf of the american people, is important. hopefully the senate will do the same thing. and i think we will see individuals like mike lee and rand paul, perhaps a few uother take up legislation next week, for instance, i believe too, revisit the 2002 reauthorization

for use of military force, which is being used as a justification by another administration approximately eight years later when the authorization to go to war related to nonexistent weapons of mass destruction led to trillions of dollars and millions of lives wasted. >> you got burned in congress. they said they had the yellow cake, the weapons of mass destruction. it was bogus. they try to make it more legit to people around bush every year. you voted for it on that basis. and now congress is scared because they got burned. and really before also. you guys watch. even with obama. they cross the red line. he says they crossed the red line. i'm going to congress. do whatever you think is right. it's your job then and now. but is it too late when presidents do whatever they want

and you won't be able to come together to stop them? >> i do not believe it's too late, in part, because the american people are understandably frustrated at the concept of failed, unnecessary endless wars in the middle east. having experienced the consequences of those wars. i think as a result of public sentiment, which, as speaker pelosi reminds us, is the key to driving public policy, i think we are at a moment of time where we can change direction and hopefully restrain the impulses of the executive branch as it relates to matters. >> it's got to be where the parties are more worried about the president being toxic than any dispute.

here the founders were so clear. declare war is all on congress. let's talk a little about impeachment. mcconnell said you know what? i'm in. if they don't give us the articles soon, i'm going to vote it triggers a dismissal clause. we know what they are, we're on notice and unimpressed. simple majority which he could make it. >> let's examine why we're here. the president abused his power by pressuring a foreign government to target an american citizen for personal and political gain. so we held him accountable. as a result, because of the fact no one is above the law in the united states of america, we're now at this moment where there will be a trial in the senate. our perspective, led by speaker pelosi, is the american people deserve a fair trial. period, full stop.

>> but if the senate had been saying we don't like your rules, you would have said shut up. when it's your turn, you do what you want. but now pelosi is saying this is how you do your jobs. >> that's not what she's saying. and she's indicated the articals will be delivered sooner than later without putting a time frame on that. but we're at a transition point. we have to also send over impeachment managers and how can she determine the proper rules of engagement? and what we have seen since the interim since we voted to impeach on two counts, is that john bolton has indicated he is

willing to testify. we've learned additional information, which makes the concern we have for a fair trial on behalf of the american people even more meaningful. >> can you believe that guy says he's a patriot. now he says he's willing to testify. by the way you're not supposed to choose if you're willing. these guys are fighting subpoenas. and if he cares so much, why didn't you say it five months ago? the question is politically does it present as a legit explanation or excuse to delay? and we'll see it come out in the polls. as always, appreciate the candor. >> thanks, chris. same to you. so the vote in the house, not happy about it. should have been unanimous. why? look, the founders were more clear than anything else. military action has got to be collected.

got to be collective, unless it's an emergency. this president hasn't made the case. so what is congress doing right now? toxic politics when we need to come together more than most. the wait is over. t-mobile is lighting up 5g nationwide. while some 5g signals go only blocks, t-mobile 5g goes miles... beyond the big cities to the small towns... to the people. now, millions of americans can have access to 5g on t-mobile. and this is just the beginning. t-mobile, the first and only nationwide 5g network.

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tonight the house voted 224-194 to limit the president's ability to launch an attack against iran without getting approval first. this is not a new idea. that's what is in the constitution. my argument, i can't believe it wasn't unanimous. and, no, this is not about the gop just choosing trump over the truth. there's some of that. but democrats have been anxious to give war power to presidents as well. this has been going on for a long time, and it's gotten worse. and it is the worst example of congressional cowardice. now, though, we're hearing really obnoxious comments that is making this partisan like this.

>> nancy pelosi does it again and her democrats fall right in line. one, they're in love with terrorists. we see that. they mourn soleimani more than our gold star families who are the ones who suffered under soleimani. that's a problem. >> wow. they mourn soleimani more than gold star families? that guy was a pastor and a chaplain in theater, in conflict. bless his heart, as they say. why don't you come on this show, congressman collins, pastor, and show your faith in this sinful suggestion. you won't, shocking. trying to divide americans at a time that it is life and death that we come together. shame on you and every trumper and never trumper who voted against this. the right, though, especially egregious in this instance, trying to make this not about their own cowardice, but about the democrats. representative rutherford

calling the congressman an ayatollah sympathizer. why? she said the president didn't have evidence of an imminent threat. that's all she said. go look. meadows, republican, tweets, democrats are falling all over themselves, equivocating about a terrorist. nobody is equivocating about the terrorist on the right -- on the left. i would say if they were. they're not. but all of it starts at the top. a week ago president trump retweeted far-right author and filmmaker dinesh d'souza, the former felon that he pardoned who equated senate minority leader schumer to the iranians saying, neither deserved advance notice of the strike for pretty much the same reasons. i mean, now look, he's a fringer. but nikki haley, the once hoped for voice of reason said this. >> the only ones that are mourning the loss of soleimani

are our democrat leadership and our democrat presidential candidates. no one else in the world -- >> can you believe haley was once hailed for trying to calm toxic tensions? haley's office when pressed had a questionable clarification as usual. democrats were saying it would be better if the general were still around. no, they're not. that equals mourning. no, you know what mourning is? mourning is what happened in charleston when your community came together, crushed by pain after the senseless murder of innocence by a bigoted white punk. that's mourning. okay? don't mock the word. questioning when and why a bad guy is taken out is not mourning, especially when this president won't give you an answer and his proxies can't even completely satisfy republicans with their rationale. and you know why? because they can't prove it was imminent to anyone except rally

fans there to accept anything trump says. and so tonight at the rally, trump says soleimani was planning attacks on other embassies. neither he nor his people have shown any proof of the same. and what was the strategy here? oh, it will stop iran. really? what proof is there of that? well, maybe it will get them back to the table, said the president. clearly not. look at what you're empowering. >> he was a bad guy. he was a blood-thirsty terror and he's no longer a terror, he's dead. [ cheers and applause ] >> that's the best that he can do. and here he was when the world was watching, making the case for why this happened to be. look at the difference. >> your campaign of terror, murder, mayhem will not be tolerated.

>> even sniffles knows this was dicey. glued to the prompter. not sure of himself. you know why? because he knows he's over his head. so on the right, stop spreading toxic gossip about who likes terrorists. this country has been scarred by terror here at home like nothing else has ever done. it scarred a generation. don't mock that pain. and stop mocking your duty. congress, and you righteous righties in particular, you're supposed to say when we risk our american fighting men and women and their families and expose this homeland to risk with military action, except in an emergency. and an aumf about 9/11 has no bearing, and you know it. you should have all voted to take the power back that you have wrongfully surrendered. of course presidents will take the power. i don't blame trump. i mention him very rarely in this analysis. it's bigger than him.

and right and left have taken the power that you're afraid to keep. but it's not yours to give. we gave it to you in congress. and more importantly, the founders gave it to you in the constitution to avoid exactly what just happened. these decisions must be a function of the collective. the founders said it. you all know it, but you didn't vote for it. do your damn job. that is the argument. now, the president doesn't want you to see a lot of things, like his taxes. and now he apparently doesn't want you to know how much he's costing you to keep him and his kids safe. bolo next. (music) if you have moderate to severe psoriasis or psoriatic arthritis, little things can be a big deal. that's why there's otezla. otezla is not an injection or a cream. it's a pill that treats differently. for psoriasis, 75% clearer skin is achievable,

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democrat efforts require the secret service to disclose how much it spends protecting potus and his family are being rebuffed by treasury secretary steve mnuchin. how odd. we don't know how much the president has spent or how much he could be profiting considering he's made dozens of visits to his own properties. if there's nothing wrong with his spending, why hide it? familiar question, right, for the most transparent people ever. thank you for watching. cnn tonight with d. lemon starts right now. >> well, you know why. you know why. >> you are just like, you know why. >> you are just a big rain cloud on a daily basis. >> i'm not a rain cloud. i'm the truth. >> you are not the truth. you are not the truth. what are you talking about? >> the truth is they don't want you to know how much he spends. the truth is the last time we did it, and it's been a while since we did a fact check, the projection was he would spend