the final vote i think is reflective of the mood of the country and there was just never a national consensus for impeachment. no widespread demand for the president's removal. that observation of mine is both anecdotal based on answering 15 hours of telephone calls all over the country on sirius xm and data. considering that a survey released by abc and the

washington post on january 24 taken as the impeachment hearings were getting underway revealed that 47% favored removal. 49% do not. and 49% of them wanted him removed and 46% did not. the impeachment polling largely mirrored the way people feel about the president generally. when senator lamar alexander released a statement and said he did it, well, so what, actually his words are these. there's no need for more evidence to prove something that's already been proven and that does not meet the united states constitutions high bar for an impeachable offense. i think he spoke for many. from the beginning i have been saying there really wasn't a factual dispute here. the question was what to do about it. but here's what is important to

remember. read their body language. that's what tells me not whether i have a case but how strong of a case i have. lamar alexander was right to say the president's conduct was wrong but just how wrong? the finality of it all was difficult to judge without the witnesses that weren't there. namely john bolton and nick mulvaney. the absence of their testimony provided him with a level of punishment he might not have otherwise faced. that's what happened. please go to my website and answer it. do you agree with lamar alexander that there was no need for more evidence to prove something that had already been proven and doesn't meet the u.s. constitutions high bar for an

impeachable offense. results later in the hour. you get my point. the president was always working with a net because we couldn't aju ajudicate. we couldn't judge how bad what went on. >> first of all, it's good to be with you. yesterday was more about the misconduct of the senate than the misconduct of the president. and carry out the constitutional responsibility from a fair trial. then regardless of how you feel about whether this is a removalable offense or not the senate has a constitutional obligation to conduct a trial and you can't conduct a trial without hearing from the witnesses and looking at the documents. >> how much of the fault lies with the house for not having brought you more of a ripe case? >> the house has sole

responsibility on impeachment itself. the articles of impeachment. this is not about how the senate treats the house. this is about what the senate should do. what's right for the senate, the american people and the president and we have a constitutional responsibility to conduct the trial and that was not done. >> do you think that senator lamar alexander speaks for many republicans when and i'm paraphrasing, he essentially says, he did it but so what, well he did it but it doesn't rise to that level of conduct. and of course there are many senators and presidents denying that this conduct even took place so it's important that we establish the record so that we know for future whether, in fact, these facts were established. so i know what senator alexander

is saying. it may justify his aquittal but it doesn't justify the vote to deny additional witnesses. >> with regard to the process and the framers, you said the framers of the constitution thought it unimaginable that a senate impeachment trial wouldn't look like a real judicial trial. it occurs to me though they didn't obligate us to follow precedent. there's not a burden of proof. there are no rules of evidence. does this process -- here's my question. does this process need improvement and might that come from this recent experience? the senate had a responsibility to conduct a trial that a reasonable judge would consider to be a trial. sthernly failed.

we sat hour upon hour and upon hour and it could be much more efficient when listening to witnesses. they should be heard before we rendered judgment and in many cases that was not the case. we should modernize the rules of the united states senate so we conduct a trial that k loose more like the trial that's conducted in a normal court. >> final question, tuesday is going to be this odd position of a president that's been impeached but not yet ajude kated by the senate. never the less delivering a state of the union address. how will he be received and what do you anticipate? >> well, president trump will i'm certain use this to speak to his base more so than speak to all the american people. we'll wait to see.

we'll wait to see. i have my doubts. >> senator, thank you for being here. my pleasure. good to be with you, michael. >> what are your thoughts? tweet me and go to my facebook page. i'll read responses throughout the course of the program. if you were to argue that he came out with a head of steam that he wouldn't have had it could follow that he comes out of this process invigorating his base. but we don't know. voting begins on monday in iowa. go to my website and answer this survey question. there was no more need to prove something that has already been

proven and doesn't meet the high bar for impeachment offenses. >> as i just referenced, president trump will head to the capital on tuesday to deliver his state of the union address. will he take a victory lap ahead of his all but certain aquittal and just days out from the iowa caucuses the dnc is drastically revising it's rules to qualify for the upcoming debates. we'll talk to two campaigns. rast nig last night the crowd honored bryant and his daughter with 24.2 seconds of silence representing their combined jersey numbers. i'm about to talk to famed la helicopter pilot and get her expert opinion on what just occurred. we made usaa insurance for members like martin. an air force veteran made of doing what's right, not what's easy. so when a hailstorm hit, usaa reached out before he could even inspect the damage.

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with removal of president trump from office overted and not entirely layed to rest by tuesday what will be the tone of the president's state of the union speech that night. cnn is reporting the speech will be forward looking and optimistic but it isn't being written in a vaccum. so will he heed the advice offered on friday morning. >> here's what i would say to president trump. focus on the wellbeing of the american people. talk more about what you have accomplished. stay laser focused and if you're going to tweet, which is okay, defend yourself, which is okay, turn it down a notch. >> can he remain on that message? joining me now is mary kat

kate carey that was a speech writer. i tweeted something last night. i took a look at article 2 section 3 of the constitution to remind myself about that that governs the state of the union. he's not obligated to be there tuesday night. i think that he will be but perhaps the possibility existed for him to have tried to workout a deal to try to postpone beyond impeachment. your thoughts? >> that's not crazy. in the beginning of our country, george washington through, i want to say beginning of the 19th century did not in person deliver the state of the union. it was written and jimmy carter at one point actually delivered a written state of the union so it wouldn't have been unprecedented for him to do something like that. he has boycotted the white house correspondence dinner and stuff like that. and it's a little too irresistible to him.

and other than the republican national convention, a look at last year's convention, he was just saying it's pretty evenly split. one third, one third, republican democrat and independent at least last year. it's a great opportunity for him to go outside of his base and hit a huge audience. his numbers last year went up for the state of the union address. >> have the data. >> it's half the size of the super bowl. >> i have the data from politico. 9.3 million people watched live coverage of the senate trial across six networks on monday compared with 46.8 million who tuned into the state of the union last february.

i see us setting a low bar that he hurls right over, is that right? >> i guess that's true. when he stays on teleprompter he does pretty well and the last three times he has done this, all three times he has done it he has stayed right on script and does not get off teleprompter like he does at his political rallies. last year's speech was the third longest in american history. 82 minutes. but he was in a similar area and he gave a 78 minute address. the long winded address on all of my accomplishments is what you usually do at least during an impeachment trial and i think that's what i would advise the president to do. stay high. and follow him. >> and your accomplishments. >> how does he completely -- maybe this isn't what you're advocating. he has to at least deal with the

elephant in the room. he'll be there tuesday night, the night before he is presumably acquitted by a vote of the senate on wednesday but he's been impeached. doesn't he have to say something. he has a great story and he has a lot to talk about and what nobody seems to be noticing is that the right track, wrong track numbers are totally going in his direction and especially compared to the obama years and i think that the american people have started tuning out on impeachment. if i were him, i'd let him stay away from it. he has a much better story to tell on his accomplishments. >> mary kate, tuesday follows the iowa caucus on monday. let's remind folks of something that he said in last year's state of the union. roll that tape. >> tonight, we renew our resolve that america will never be a

socialist country. >> my hunch is that if bernie sanders runs strong on monday night in iowa you might hear that same line tuesday. >> absolutely. he said it last year just sort of unprovoked. and this year, i absolutely think we're going to hear it again. he would be crazy not to. and by the way, last year, independent senator bernie sanders gave a state of the union response in addition to stacy abrams that was the official democratic response. i have a feeling that we'll hear from bernie sanders after the state of the union this year as well. he'd be crazy not to as well. >> thanks for your expertise. >> it will be a fun night. it will.

i thought what he might do and this probably worked out but i thought what he might do is seek to postpone it. there was probably a different route that he could have taken. the cause of the helicopter crash that took nine lives including kobe bryant and his daughter. i want to hear the opinion of the veteran l.a. helicopter pilot that famously was first to cover o.j.'s bronco chase. and it's seemingly a victory for michael bloomberg that the dnc eased the fund-raising requirements to make the debate stage. is his strategy working? i'll talk to his campaign manager. the move has angered rifles that

played by the old rules. i'll talk to one of them. his fellow billionaire here's what he said last night about the situation in a bernie sanders rally. >> the fact that the dnc will not allow corey booker on the stage and julian castro on the stage but mike bloomberg on the stage because he has a billion [ bleep ] dollars. my gums are irritated.

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big changes in debate requirements. for the february 19 debate in las vegas, the dnc is doubling the polling threshold but eliminating the individual donor

requirement which had previously procolluded bloomberg since he self-funded. as of friday, the only candidates that have met the threshold for the nevada primary debate are joe biden, bernie sanders and elizabeth warren. the folks person explained the rules changes saying this. the donor threshold was appropriate for the opening stages of the race when they were building their organizations and there were no metrics available to distinguish those making progress from those that weren't. in the latest cnn polls, bloomberg has risen to fourth place at 8% passing many others who have been in the race for much longer. call me crazy but is it a certainty that you want to be on that debate stage.

>> he is doing everything he said to get around the country and get his voice out and debates are a really important part of that. the dnc changed their rules. mike is not qualified yet under those rules. >> before we went to break there are many complaining jeff weaver, representing bernie sanders had this to say. we'll put it on the screen. mr. bloomberg couldn't satisfy one of the problems we see at change. that's the definition of a rigged system where the rich can buy their way in. respond to that. >> you know, it is absurd and it defies logic. they removed the requirement that you raise money. so this is the first time that you can come to the debate when it's not about money. when it's actually about support. people say they want to vote for

you. also understand what they have done. they have doubled the amount of support that you have to have nationwide to do that. 10% is real support. it means 1 out of 10 americans. democrats want to go to the polls and vote for you. the idea that the debate rules would not allow for someone to come who has 10% of the democratic party is ludicrous. he was complaining that mike bloomberg was not on the debate today and today they're claiming he might be on the debate stage. he's running all around this country and raising support. >> now they're letting them in. >> i didn't know a lot about running for president. it turns out that you're required to raise money. bernie sanders sends out a fund-raising appeal for the democratic national committee once a month. he raised hundreds of thousands of dollars for the party just as elizabeth warren has and mike

bloomberg has. he has attended events to raise money for the party. it's part of the process and if he doesn't know that i would respectfully request that his staff let him know. >> the super bowl is tomorrow. you're spending somewhere near $11 million and then you have to make a decision, okay, we're going to run an ad, what kind of an ad should we run? i'm intrigued by this. you could have introduced mike bloomberg to the nation. you could have gone negative on donald trump and with an issue oriented ad and you chose to do the latter. why? >> you know, the ad that mike has chosen to run at the super bowl was not actually made as a super bowl ad. it's a driving passion for mike bloomberg over the course of 12 years as mayor and it's something that he never slowed down after he left. the woman in the ad lost her son tragically to gun violence and when we and when mike saw that ad where she spoke about her son -- how her son wanted to one day play in the nfl and to one day be in the super bowl, all of

us looked at each other and most of us with tears in our eyes and said that ad has to play during the super bowl. she has a wonderful quote that she has said since then which is that although she every day misses her son that she looks at him up in heaven now and says to him, you made it. you made it to the super bowl and for mike to push that message across and talk about an important message. his issue is win or lose this is an issue important to me and i want to take that issue to the american public. >> some don't understand the wisdom of that approach. among them, bill mahr. here's what he said last night on his show. >> i just think democrats are too often bad at politics. mike bloomberg is going to run an ad in the super bowl, he spent $11 million on. it's an anti-gun ad. beer drinking guys, let me introduce myself. i want to take your guns. >> i don't see it the same way that maher sees it.

i think among other constitue constituentcies your seeking african americans lock step in their support of president joe biden. who gets it? me, maher, either. >> i'm going to go with a different theory here. i think democrats have been bad at politics. we haven't been able to take on the issue of guns. 85% of americans. all americans agree we should have common sense gun regulations. and he decided to take it on at a time when people said it's ludicrous. you'll never win the fight. he has been winning that fight all across this country for years now and for the first time has the upper hand. so i think people did get it wrong and cynical people like bill maher were part of the process which is people weren't willing to take on a fight that quite frankly most americans agreed on because they thought it was bad politics and i think it's good politics. >> just to come full circle if he qualifies because there's another one you need to meet he'll be on the debate stage. >> he sure will and we look

forward to it. >> thank you, kevin. >> thank you verying if for hav >> while his camp is thrilled with debate requirement changes as you heard many other candidates playing by the previous rules are understandably angry, my next guest on the ground in iowa and raising funds calls this change just plain wrong. tom joins me now. thanks for coming back. respond to the bloomberg campaign manager. >> well, in december i wrote a letter to the dnc asking them to change the requirements so we could have a more diverse set of candidates on the debate stage. because it seemed to me that it's really important as a diverse party and a diverse nation that that be reflected in the people that are debating. they didn't listen to me. instead, they changed the requirements to take out the need for grass root donors so that michael could be on the

stage. so they changed the rules for michael bloomberg and you should change the rules like i suggested a month ago instead of the way they chose to. >> but the further we get into the process, which becomes more important? that you repreisn'tsent a diver field or require market share? because in the end you want to win. >> i agree with that but what they did was rather than try to get a diverse field so that people could hear the diversity of opinion, so that people could make a broader choice, they changed the rules for one guy because he was self-funding and didn't want to go out and get grass roots donors. that's what happened and that just seems wrong to me. we're a party that has got to appeal to a diversity of americans. we have to and i think that any candidate that wants to win has got to appeal to a diversity of americans. so to do this, narrows the field.

it really, to me, it's just wrong and it was a mistake. i don't know why they did it. >> here's the rational that the dnc offered. they say now that the grass roots support is actually captured in real voting, the criteria will no longer require a donor threshold. it was appropriate for the opening stages of the race when candidates were building their organizations and there were no metrics available outside of polling to distinguish those making progress from those that weren't. your thought? >> it's very suspicious when somebody comes in like michael bloomberg and they change the rules. >> i want to appeal to a diverse group. that's what every single person who is going to represent the democratic party has to do. we have to beat trump in the fall. that's really what it comes down to and whoever is going to lead the democratic party has to take

on mr. trump on the debate stage and beat him and it's going to drag americans to the polls and it's important. that's what i'm fighting for. that's what i'm trying to represent and i think for the dnc to go the other way is wrong. >> what's the instruction that you're giving to your iowa surveillance pof supporters for monday night if you don't meet the 15% threshold. will you provide direction? >> i'm not thinking about that. i want to come out with the momentum to take me through the four early primary stages that michael bloomberg isn't competing in. so my goal in iowa is to come out with the momentum to make sure that i go through new hampshire and nevada and south carolina as well. that's what i'm trying to do is take the momentum out of iowa

and keep going. >> let me go back to the poll that shows where this thing stands nationally. can we put that back up on the screen? >> you have to acknowledge that his debut at 8%, he is ahead of major pete and ahead of andrew yang and ahead of you. >> it's a series of state elections and every state impacts the other states. so let's see what happens in the four early primary states. >> good luck monday night in iowa. >> thank you so much. >> let's check in on your tweets and facebook comments. what do we have? >> dems are going to lose because of fragmentation.

there's still level lanes out there. and bloomberg is the x factor. he is the unknown and the impact that he is going to have on this race i think is still yet to be felt. one more if we have time. bloomberg, klobachar 2020. am i wrong? interesting choice. balance on a whole variety of levels. i'm not here to say that you're wrong. it's a bit premature to start playing the vp game. that's as far as i'll go. monday night will be interesting and i'll be apart of the coverage here on cnn. i want to remind you to answer the survey question. do you agree with lamar alexander when he said there was no need for more evidence to prove something that has already been proven and doesn't meet u.s. constitutions high bar for impeachable offense. cast your ballots and i'll give you the results at the end of the hour. still to come, if you're one of the 95 million that watch the o.j. bronco chase. don't we all remember where we

were? well you are watching footage shot by my next guest. zoey tur that pioneers l.a.copter news coverage is here. and then what happened? where's our family from? was he my age? so nana and pops eloped? ...and then what happened, daddy? well, before us, there were your great, great, great grandparents. turn questions you've always had into stories you can't wait to share; with ancestry.

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so you can... retire better. my first thought was to reach out to zoey tur. nobody knows the terrain northwest of l.a. where the chopper crashed carrying bryant and his daughter and 7 others or more about flying the skies. tur a helicopter pilot who will then wife pioneered the use of helicopters to report news from l.a. they did the first live coverage of an l.a. freeway pursuit. they were the first chopper to shoot the infamous chase of o.j. simpson's bronco. turn now the subject of a new documentary. it's called whirlybird and it just premiered at sun dance. the ntsb still investigating the cause of the crash. a preliminary report is expected

in a week. the final report including any conclusions could take a year. zoey tur joins me now. let's go back in time. how did you find o.j.'s white ford bronco. >> well, we were, you know, once o.j. was in the wind and everybody in the world was looking for him, the police, the fbi and news media and the public, i decided to go down to the grave side of nicole simpson brown and i thought he might be down there and just about the time that we were there we were hovering over the y when we heard a report that somebody had spotted the white bronco. right below us was the white bronco and the rest is history. >> you had it to yourself from a helicopter reporter perspective for what, 20 minutes while tens of millions were watching. >> about 80 million people for about 20 minutes. yeah, talk about pressure. >> okay. and just in one more point in terms of people appreciating your background, 10,000 hours,

right? and you have been flying for 45 years. >> yeah. just about. and i pulled people out of the hotel and i have experience flying in very rough weather. >> i think they're closest to the source and they traced the route of the helicopter. you know that terrain. what stands out to zoey tur when you see the route of that helicopter. >> well, it looks like he was scud running which means running below the clouds and going into a closed canyon. if you follow the 101 freeway, the terrain starts rising. and as it rises, the mountains become closer. so he was essentially flying along the 101 freeway and decided he wanted to try to get above it? wound up in the fog?

climbed up to what is it? 2,300 feet. got it to zero visibility and at that point made a radical left turn to try to get out of the fog and descend rapidly to get below and unfortunately there was a mountain in his way. this is very, very classic behavior for somebody that is caught in the clouds not willing to go on instruments. and that lead to the tragic crash. this is not a major mystery. >> is there no terrain warning system in a copter like this? >> well, the ntsb wants to equip helicopters with the warning system. in this particular case, it would not have been effective. it's a predictive log rhythm. it is where you are based on your past flight and altitude and air space. he was making radical maneuvers and flying in a way that couldn't be predicted so the

system would not have worked. >> have you ever been subject to a sudden on set of fog rendering you with zero visibility. if so, what have you done in those circumstances? >> early in flying i think most pilots have experienced these sorts of things and i went on instruments. faa, part 135.19. 135.19 says you can deviate from the federal aviation regulations to meet an emergency. you just have to confess.

you need one mile of visibility. according to witnesses on the ground, he couldn't see more than 100 feet in front of him and that was the kind of weather he was flying at and flying at speeds in excess of 170 miles to 125 miles. so that made no sense. you slow down. >> that was my final lay question. are you limited? can you land on a ball field? can you land in virtually any open space that would take you?

>> yes. you can. and there wouldn't be any penalty for it. you know, you had to make a precautionary landing. in fact, you should be applauded for it. you're admitting, you're making an admission and, you know, he didn't do that. there's a problem with commercial aviation. and they don't want to displease their passengers. they don't want to appear as though they don't know what they're doing. but, you know, you're flying on a charter flight. your kobe bryant. you want your pilot to take extra care. >> understood. thank you. >> thank you. >> i of course should put out the ntsb has yet to render any judgment as to what went on and we'll all await the final outcome. still to come, more of your tweets and facebook comments like this one. always nice to hear from actual experts. question, is it normal to give

special dispen sasation to takef in bad conditions. i get nervous. i'm not so sure that special disp dispensation was given so i best say very little about that. don't forget the survey question. this i know a little something about. do you agree with lama lamar alexander when he said there was no need for more evidence to prove something that had already been proven. it doesn't meet the u.s. constitutions high bar for impeachment offenses. this is my body of proof. proof i can fight moderate to severe rheumatoid arthritis. proof i can fight psoriatic arthritis... ...with humira. proof of less joint pain... ...and clearer skin in psa. humira targets and blocks a source of inflammation that contributes to joint pain and irreversible damage. humira can lower your ability to fight infections. serious and sometimes fatal infections, including tuberculosis, and cancers, including lymphoma, have happened, as have blood, liver,

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at "smerconish".k078. do you agree with lamar alexander when he said there's no need for more evidence to prove something that had already been proven and doesn't meet the u.s. constitution's high bar for impeachable offenses. survey says 89% disagree. you know what's stunning, not that 89% disagree, that's kind of stunning, but 20,000, that's a measure of passion. that's twice the number that we usually get on surveys. that tells me something. people are pissed, that's what it says. here's some of what else you thought. i asked that of senator ben cardin, i said do you default the house for not providing you a ripe case. i happen to agree the house in

retrospect should have pursued every measure available to them to command the testimony of bolton and mulvaney at the time. i think there's some merit in what you say. this i know for sure, in the end decisions were made both by senators and by us, members of the public, without having all of the data. the whole point of my opening commentary, you need to look at body language. you need to look into somebody's eyes. you need to hear their word choices because we couldn't really measure the depth, i will use the word again, of the vinality of what went on here. here's another one. i better not get too long winded. the answer to that, michael, is both. they will be rewarded by their base. they will certainly fund-raise and already are off their support. it depends when november rolls around, this is still first and

foremost. i take a look at the news cycle we just had in the last 30 days and i'm roud of breaout of brea about it. just take a look at the next couple days. we have the super bowl tomorrow. monday the iowa caucus. on tuesday we have a state of the union, and then on to manchester. it's hard to keep up, and i'm in the business. join me for my american live college tour, next week in manchester, sold-out in raleigh, september 11 and just added scottsdale, arizona and bellevue, washington. see you next week. thank you for watching. at visionworks we guarantee you will see great and look great. "guaranteed" we say that too! you've gotta use these because we don't mean it. buy any pair at regular price, get one free. really! visionworks. see the difference.

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you. i'm jim sciutto in washington. >> and i'm poppy harlow in new york. it was a big week and there's a big week ahead but this morning the witness fight is over. the impeachment trial is not over yet. days from now the senate will vote to almost certainly acquit the president, but not until after their closing arguments and after the president's state of the union address, of course, tuesday night. democrats fighting back with a deal delaying the final vote here, forcing the president to deliver that speech before the trial is wrapped up. >> the senatet