the news continues. i want to turn it over to chris cuomo. >> welcome to "prime time." this trump trial is now drawing closer to the witness vote. as of now mitch mcconnell is suppose tli saying he doesn't know if he has enough votes to block them. is that good news or bad news for democrats? we'll discuss. we'll game out what this means. there's a plus minus mac factor to be considered. this is politics. and new developments on the kobe

bryant crash. where the helicopter was flying right before impact. and what the conditions were. we have the brother of one of the passengers killed. here to help us honor someone lost. you will not believe the bond they had. all right. so the time to argue is over. both sides had its chance. the debate will continue and here's how. for the next two days you'll have senators submitting written questions in the trump impeachment trial. they'll give them to the parliamentarian the person who runs the senate and helps the chief justice. he will ask the questions to either the house managers or the president's defense team. then, you'll have the real test. after the questions we'll see if mcconnell believes that the votes are there to warrant debate on whether to compel witnesses and documents. according to sources who came

out of meeting with mcconnell today, first that tells you republicans are talking. that's a problem on that side of the ball. the word is that the votes aren't there yet. to block witnesses. but, the majority leader under scored it is still a work in progress. three quarters of you think witnesses should be allowed to testify. according to a new poll. including half of republicans surveyed. where are we in the state of play? more likely we'll have witnesses than before bolton, before the two cases. is that a good thing necessarily. let's turn to the big brains. i have three here. professor, good thing to have witnesses? >> i think it's going to be good on balance. >> why would it not be good? >> sometimes you don't know what a witness will say. there's a good chance nobody knows what bolton will say.

and that could be good or bad. i think it will be -- good for the democrats because they have asked for this to be a trial of witnesses. they want to get to the truth. and presumably bolton will help them get there. my guess is will be worse for the republicans because they don't know what he'll say. damaging things. >> if anything is said, that's more than if nothing is said. we have a lane of plot with us. what are you hearing about this? make it seem like it's a struggle but pulls it out. or with the bolton new information and his suggestion that it is a dicey proposition for holding back witnesses? >> i think that bolton's revelations alleged as part of the book have complicated the

calculus. i was in kentucky last week to talk to a lot of mcconnell's die hard republican voters back home. about how they feel about this. a lot of the mythology that surround him as a republican majority leader has relied on his handling of this trial. i have to wonder that if ultimately he doesn't have the votes to block witnesses from testifying, whether that tarnishes the image of him as the ruthless go getter who wouldn't let anything hurt the republicans case in this moment. i think this is about his personal legacy as much as the out come of the trial. >> stay with with me. a legal question and i have a political bounce. you're a lawyer. the idea of risk in witnesses as the professor laid out. you don't know what they'll say. another type of risk is for the democrats specifically. over playing your hand as you

could argue happened in investigations before this. if we get this one everything will change. that's a dicey proposition. even with bolton. >> it is. now that we have heard through the leak of what's in his book supposedly what he says about this. if he comes and doesn't say anything beyond that and repeats it, people will be disappointed. we already heard that. it wasn't in the evidence and from his own mouth. but still people are going to be wanting more substance from him. there is a possibility if he repeats that people say so what. we heard that. >> there's a chance he says yeah the president told me. sp falls under the category of but it's okay because he could say i didn't like foreign policy choices. he was doing it the wrong way. i thought he was compromising it. that's the president's call. here's why you have to be careful about no witnesses.

i think it's the best thing for the democrats politically. it won't change the vote. we don't have any indication that senators have been swayed through this process that if there are witnesses you may there maybe a guilty verdict. we don't believe that. if it woen change the vote and there are no witnesses. democrats get to leak out whatever comes after this. look what they didn't want you to see. it's better to have witnesses and bank it doesn't change. >> the republicans have been on message saying they don't have anything. they didn't put on a very good case. we knocked it down. they wilied on hearsay testimony and unconstitutional principles. fake crime of this obstruction of congress. what is comes down to is from a political perspective they have

knocked down this case. they did what nided to do. >> you have no direct evidence tieing the president to the plot. they have bolton. >> if you had a rock solid case. run with your case. >> they couldn't get the witnesses. >> the case they put on was rock solid. >> they did. there's a comma. because we couldn't get the main witness. now he wants to testify. you have been on the ground feeling this out. what do you hear? >> one reason to really dwell on here why this could not be great for the democratic party is that to imagine that maybe in mcconnell doesn't have the votes for this. to imagine that then 24 hours later, bolton saunters in to deliver the testimony is a bit silly. especially from the white house. i have republicans sources in the senate telling me that they will fight tooth and nail within

the white house to ensure it's claim of executive privilege or something that he doesn't end up sitting in that seat. then you have the question of whether democrats actually want to continue prolonging this trial. if this is something that gets tied up further in the court with whether a claim of privilege is apt in the case. it's not something as simple as a proposition of have the vote, if the votes are there. bolton comes in and there we go. >> process matters. i think she tees that up perfectly. however i think -- they bashed bolton. and when you bash somebody on the exact subject matter that you might want to claim privilege on it's a dicey proposition. it can look like a waver. if they argue this is privileged conversation he can't talk about it. unless they say he can't release

the book because it's classified information and the topic is which isn't. how strong is the argument that you waived it with bolton. >> strong argument. because the president said -- i'm paraphrasing. i didn't say what bolton is saying in the book. what does that mean? the president is already signaling something about what he said or didn't say in a conversation with bolton. that's enough. to open the door. >> is a rejection that if you disagree with how a conversation is characterized that you had with an adviser. can that be seen as a waiver is this. >> it can. he's saying no, that is not what was said. that's something about the content of the communication. you can't say i won't let him talk about it. but i will. >> either it's not talked about

at all. >> it's the president's privilege. this is the executive privilege. it's his. he didn't divulge any information or information that was relative to a conversation that he had in the decision making process which is the important thing. president's have to be able to speak with top advisers freely. and the fact says that's not what i said doesn't believe i opens up the door. especially in the context of executive privilege. 70%. republicans who want to hear from biden and schiff. that's what you're seeing the excitement. mcconnell i don't think whether or not he can handle this and keep the votes i don't think will make a difference in his reelection campaign. mcconnell is very popular at

home. he'll go win and election solidly in kentucky. he's let's not sleep on mcconnell here. he doesn't he never over plays his hand. he always says it's tough. >> he delivers. the last word is the one who that counts. he's not a different animal than schiff. he warned democrats not to play with the filibuster. and this is subjective. he perverted the process of picking judges in this country like nobody else has before. here was the premise. you did something screwed up by making it 50 plus 1 to get judges through. because that was screwed up and unfair. i'll do it with supreme court justices. and he's man of principle? >> not over reach. >> that's overreach.

>> schiff we found conclusion. they didn't find conclusion. >> that's opinion. >> you want to compare a bad. >> the mueller effect. >> a bad analysis, a bad conclusion. >> making stuff up. >> to a guy who changed -- no. he was wrong. even on the whistleblower stuff. the guy never talked to the whistleblower. we have no other proof. talk to his staff. you better swing a stick at nunes. he says funny stuff. let's do what we have been doing well. both sides have stuff to deal with. look at it relatively. mcconnell will never sell me on the proposition he plays the game better. he maybe more effective. he changed picking supreme court justices in a way that will forever politicize the process. we'll argue about it on the

other side. we'll take a break. the president put out a tweet on bolton. spoiler alert, what happens when you say something that isn't good for the president. no matter how close you were before. where do you wind up? here it comes. get ready. here comes the bus. and did you notice there was a quick turn. we'll come back with the tweet, the tapes and the tea. i'll show you. ♪ everything your trip needs, for everyone you love. expedia.

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all right. you want the latest on the state of play you have it and it's fresh information. as we started this midnight hour show here on the east coast, the president lashed out at john bolton. he just tweeted, why didn't john bolton complain about this non-sense a long time ago when he was very publicly terminated. he said not that it matters,

nothing. that's the president. where do we listen first for the echo? state tv. what are wae hearing on the fox about this and his defenders. listen. >> anyone who knows bolton is celebrating. because of his intellect and capacity and experience. >> disgraced adviser. he turned and betrayed his former boss. >> brilliant. celebrating and then angry puppy dog face. this is the echo of the president. it's the same bolton. let's discuss the implication. the president is doing bha he does best. attacking what he sees as a threat. right move? >> yeah. i think so. there's no downside to go on the attack. i would go further. capitalist. the guy is trying to make money and sell books. i don't know if that's where the

president was going. that's a better narrative than fox is doing. it's more opportunistic and right. >> what they're doing is they echo. that's the echo. what's the risk to this strategy of attacking bolton the guy who you once thought was good enough to be national security adviser. >> not much in this context. attack that doesn't have merit. >> the book thing does hurt him. he didn't want to testify. now he has a book and he's patriot. >> it's not like in court if they made the claim you made something up. he never said it a while ago. he says it now. you have the opportunity to actually come in with other evidence showing you did think that at the time and had been saying it. that won't apply. we're not in court. there's not a lot of downside to continue this line of attack. >> i don't know this matters. but it matter to us. the flip side the president is obviously saying bolton is lying and already said that. earlier tweet attack.

however, if bolton comes in and you're able to match it up with what has been said already in testimony by those who said they spoke to bolton. you get a ton of credibility. and if you're going to get into a credibility contest, president trump is who you want to be against. even though jimmy can be right. you picked a nice time to speak. holding the book until march 17. put it out now. even with that, who wins in a credibility contest? now you have the ag on the spot. the people who testified before about what bolton said to them. >> bolton might win of the credibility contest. that won't matter. with all due respect to the president and his defenders and senate. the credibility is not something he cares about. he has a narrative and pushes that. his supporters like it and

testifi defend it. facts don't matterment they like the president and will stick with him through thick and thin. >> this is seen as mus cue lairty within the trump base. he's fighting back. what's your take? >> as a reporter test interesting. several months ago when he fired bolton he did privately ask his advisers whether that was the best move. it's something that mulvaney has dealt with before in saying donald trump can't fire me. i know too much. these are actual things trumps top adviser have confided to each other before. trump was waiting for this moment when his fears and par yoi ya about what bolton may or may in the know about the workings of the administration could come to light. i see that as a climax.

donald trumps tweet is not correct. as they often are not. bolton at least if we're to believe him did raise this with the lawyers at the time. when he was serving. i do think that jim is right, there's an element that should be looked at with a will the of scrutiny in terms of what can he do in terms of selling his book. it's not as if he sidenly had a revelation last week that his opinions about trump's conduct with regard to ukraine were bad. this was something again if we're to believe his own word he raised with lawyers at the time. >> we have a little time left. one question for house managers. >> what are you asking house managers. >> what did schiff know and when. as related to the whistleblower.

>> i would give them the opportunity to rebut the repetition about the facts. instead of focusing on process and constitutional arguments. >> what's abuse of power. explain it. walk us through again if we need that to be done. why it's impeachable. it doesn't hurt to repeat something that's silent. >> will the senators do this stuff? or miss. >> they'll do a will the of repetition. and less of the questioning of the trump lawyers. because it's not cross they won't have feed follow up. immediate follow up. it will be awkward. >> and talking to the senators but looking at the chief justice. >> he has to submit it in paper. >> he's one of the smartest legal mind in the senate. whether you like politics or not. that guy will be front and center. >> he'll be very good on the

attack. good debater. not great with the facts himself. always welcome on the show. we'll take a break. thank you very much. it's good to have you. when we come back, we're following two big stories. we have what's going on with the impeachment. the next phase. and also this kobe bryant story is really bigger believe it or not than just him. so many families were ruined. the ntsb has more information. we have it know if this crash could have been avoided. it's ruined too many families. next. d gas? ♪ fight both fast tums chewy bites with gas relief all in one relief of heartburn and gas ♪ ♪ tum tum tum tums tums chewy bites with gas relief as your broker, i've solved it. is complicated. that's great, carl.

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so what are we seeing? when it comes to the loss of kobe you'll see such energy coming out of the nba. people who played with him. others who joined because of him. remember he set a standard for coming out of high school in the new era. and they are coming out with all this emotion about what he meant. earlier i spoke with his former teammate and good friend. and he talks about him and ball playing is the least of it. >> most of my professional career as player most of my formative years adds a man. a father. as a husband. alistening side of kobe, plane rides and bus rides. and we grew up nogt a ltogethert of ways. i don't think any of us can

achieve the best version of ourselves. whatever our individual greatness is without inspiration from others. and for me, personally, he was a gift and a blessing. i got a chance to live with in a sense someone that on a daily basis was trying to access the greatest parts of who he is and was. and i don't know if we'll ever have someone else like him. and that adds to the pain. to not get a chance to see him continue on. with his legacy. >> look, you hear it. kobe bryant went through difficult times. and how that shaped him is obviously something that his friends are talking about. who he became. and now bittersweet for them is who he still wanted to become. he's not the only person who had his best years taken from him.

that's the story with earn on there. his young daughter. and the two women playing. the young parents and coach. recruited by kobe because of how great she was to the team that bryants daughter played on. i spoke to the coaches brother. about the magic of his sister. what she taught her students and taught him. what she was for her kid. and how she should be remembered. >> listen. >> thank you for joining us. >> hello. thank you for having me. >> i'm sorry for your loss. how are you doing with this? >> if i try and word it, i'm in complete agony. with my family. and this is just completely crushing.

so, just every ounce of my being is destroyed. >> this is so extraordinarily tough. because your sister had everything in life in front of her. young family and career. >> everything. >> so much energy. so many years to provide and that's what she was about. she was about giving back to kids and empowering young women. what do you tell yourself about what this means? >> it's a channel my sister's strength. she was always the strongest one. stronger than me. strongest in the family. strong for her husband and the kids. and some weird way this is her talking to us to level up. she was my sister was the

greatest. and i don't even know where the message will prevail. i think i know a big picture of the family to and my brother-in-law and the kids to come together. and honor her. and just now just live. and represent her greatness. my baby sister. >> i know. and i mean no disrespect. look at the pictures, she seems to be a soup peuperior athlete. and i feel like we had similar experiences our sisters were taken it to us every time with competed at anything. is that what she was for you? >> so competitive. growing up she was a super-star. it was basketball, she was on

varsity as a freshman. and then all county and volleyball. and then everyone when we were kids, her in soccer was extraordinary. she was just -- she was all world at all this. it made you want to be a better person. and get to her level. she was amazing. she was the best. best player, best human. best everything. and it's -- this is bad. >> teaching girls. she joined this club adds assistant coach. how important was it to your sister not just to be a coach, not just empower through sports. but to reach young women through sports. as a function of empowerment. >> yeah. and to mentor as the leader that she was and still is.

the girls on the team called her the mother of defense. the mod for short. they team called her the mod. she put you in check. everybody. and she represent ld goodness and leadership. and got it all done. >> give me a memory of you as kids. when you realize that she was going to be somebody special. >> when i -- gosh. highlight is she was able to throw the soccer ball doing the throw in. like across the field. and it was like wow. and so every time there was a throw in for soccer they had my sister make sure she's the one to do it.

and it was leg legendary throw in. that led to everything. basketball, volleyball. anything she did. she was good. smart and intelligence. hilarious. >> you're hurting right now. what would your sister tell you? >> she'd be like time to level up. that's what she would be saying. when i sit in silence and try and hear her, she's i can hear the whisper of telling me it will be okay. and to get through this. mourn, celebrate her. and go and represent her in this world. and take care of the kids. my beautiful nieces. my nephew.

my brother-in-law. it's got to be some support from uncle matt now. i want it will be a constant listening out for her. and i'm glad she's up there guiding me now. channelling strength through this interview. as we speak. >> when you are hurting, what is the memory you will cling to? for now. to remind you that what you have is wort more than just the loss itself. >> her smile. and our overall just conversations. just in general. call her for anything. talk about anything. vent about anything. so just having that image of her smile.

and that will help for -- her smile will always help me. and hopefully that can help everyone else too. >> lean on that. lean on that. the only mistake you can make is to try to shut out the memories to try to avoid the pain. i know it's hard. don't do it. you had a special bond with somebody. there's nothing like a sibling and a sister and brother. and you have that. and hold onto it. don't hide from it. feel what you feel. none of this is easy. thank you so much for letting us understand how great your sister was to you, to her kids, to hr husband. to her community. and all those girls who knew her as mod. mother of defense. >> yes. >> god bless. best to the family. >> thank you. >> look, i'm no therapist.

i like so many i know what it's like it feel the pain of loss. you have to cling to the best of who is no longer here. that's how we keep them alive. if you'd like to help them. she had a young family. she's got a husband. there's a crowd sourcing page, go fund me page approved by the family. i will post the link on twitter. it will be opt twitter page as well. in terms of why this happened. now says the chopper was only like 20 or 30 feet from clearing the mountain. it crashed into. the pilot had over 8,000 hours in the air. he was a trainer pilot. he was very good. so, how did this happen? there's new information. they are telling us some things and raising questions.

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we have new information from the ntsb today.

about the crash that claimed kobe bryant and his daughter and seven others. here's what we know. the helicopter had a sudden drop of about 2,000 feet in a minute. it was in one piece until it hit the hillside. investigators call it a high energy impact crash. that's what it sound like. it was going fast and hit hard. that will have a catastrophic effect on the people snds inside. so why did it happen. let's take it to the aviation experts. mary works for law firm that represents victims and families after aviation accidents. good to have you both. miles, the pilot, lots of hours i think like 8,000. he was an instructor, he was instrument trained. so does that mean that this is not a situation that screams out pilot error?

or might it still. >> not necessarily. pilots with a will the of experience can fall into all kind of traps. lull themselves ts into a sense of safety which could be dangerous. you have to look at type of flying this was. an experienced pilot by nature they are mission focussed. type a people. with a client who is a rich famous guy who is a type a mission focussed person. on the deadline. there is an insidious pressure. that is created in that environment. there have been many crashes in past that had this as a contributing cause. >> you said earlier that one of the factors that often is first is to miles point, whether or not you should have taken off. these conditions a lot of ships were grounded at that time. what do you read into the

decision? >> the decision to take off and i read into it why was the decision made to go vfr. the pilot had a problem with doing the instrument flight route? something with the helicopter the instrument flight plan wouldn't be approved. for example in this helicopter. does the pilot have to be instrument rated. you have to have autopilot in the helicopter. there's something about the initial decision why they didn't file a flight plan and do it that way. >> visual flight rules no gauges and instruments and technology. miles, when we look at what this helicopter did, it followed the normal route. we have no reason to believe this isn't a route he had taken before. there's looping around glen dale. which is explained by what we hear from the tower.

he's been holding for 15 minutes. maybe that was about air traffic or trying to get better guidance. as is it starts to follow a major artery it ascends and banks left and descends very rapidly. i know it's impossible to pinpoint what that means. give us sense of what those movements might suggest. >> first he was getting away with what we call flying skud running. beneath the clouds threading the needle. he couldn't continue flying the route and asked for special permission to fly through burbank and had to hold. after he rejoined his route which was to follow the 101 highway. he was at the lowest part of the valley on the 101 and yet it was still steadily rising.

the terrain into the clouds. so you could ser miz as he was flying along the route he realized he couldn't maintain visual flight rules be i flying that route. what do you want to do at that point. a good decision is turn around. another good decision would be to climb. he perhaps at least given the altitude record we have seen so far would have been in the clouds ascending and making a left turn. the other thing that was very unusual about this, one of the things that inherently safe about helicopters in bad weather. they can fly really slow. you can creep along and find your way. he was flying over 130 knots. more than twice as fast as you might expect. a lot of things indicate spatial disorientation. confusion, trying to turn around in the clouds. and perhaps a stall. >> taking what miles is saying. we know that one, he almost made

it over this mountain. which seems to suggest that he didn't see it. until it was too late. and the speed that they calculate that he was hitting it at was something like 2,000 feet a minute. 20 miles per hour. and my suggestion is i'm no pilot, that means the plane was probably trying to go up more than go forward. does that make sense? >> yes, it does. i agree with you. something out the windshield it seems to have caused the pilot to turn and try to turn rapidly. that causes a stall. you have the rotor blade stall. that was when you are heavy. with a will the of passengers. when there's a will the of moisture in the air. density density altitude. and make a sharp turn. given what they did up to this

point they lost safety nets. radar. any ground proximity on board. if they had terrain awareness warning system or anything. it would have been going they were just so low. >> and that was one of the things we're told, this didn't have it. there was an earlier crash some years ago where that was a factor. miles, mary, thank you very much. appreciate it. remember when president trump told us no americans were harmed in iran's retaliatory strike on our forces in iraq? none were killed. and the president said the injuries were, like, headaches and stuff. there is evidence he was really wrong about something that we can't get wrong anymore.

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be on the lookout. 50 u.s. service members have been diagnosed with traumatic brain injuries, injured in the iranian missile attack on u.s. forces in iraq earlier this month. when the truth came out, the president did what he does his worst. doubling down on disrespect. >> i heard that they had headaches, and a couple of other things. but i would say, and i can report, it's not very serious. >> you don't think potential traumatic brain injury is not serious? >> you would have to ask the department of defense. no, it's not serious relative to

other injuries i've seen. >> he's minimizing because he thinks it looks bad if people are hurt. but he doesn't think it's as bad. he doesn't know what he's talking about. this isn't a damn headache. serious concussions, brain injuries that affect processing of emotions. they can be every bit as debilitating as any other injury. the veterans of foreign wars called his remarks misguided and demanded an apology. so far, silence. i thought you respected the troops like nobody else. you are embarrassing on a level that we need awareness. don't be part of the stigma. fix it. apologize. show that you'll do it for the troops. be on the lookout. thanks for watching. stay tuned. news continues here on cnn. (whistling)

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this is cnn tonight, i'm don lemon. the impeachment trial moving into a whole new face. but the trial hinges on the question of witnesses. a trial without witnesses, seems odd, right? mitch mcconnell saying they don't have the votes to block witnesses from testifying.