colleagues and our staff. he blamed those who refused to wear a mask but mocked those who refused to wear one. hope we see you this time tomorrow. brianna keilar continues with coverage right now. have a good day. >> announcer: this is cnn breaking news. hello, i'm brianna keilar, and i want to welcome viewers here in the united states and around the world as where was watching history unfold on capitol hill. the house moving ahead today preparing to vote on a resolution calling for vice president mike pence to invoke the 25th amendment to remove the president. and they will also set the rules for impeachment today with a vote on the impeachment plan for tomorrow. one of the authors of the house article of impeachment spoke to cnn this morning, making the case to move quickly. >> donald trump is not going to change who he is. he is a danger to the country. we have a responsibility. look, this is days before we're going to have a new president.

the last thing we want to be doing is impeaching a president, but we have a solemn responsibility in the face of this evidence and this conduct and the danger this president presents to move forward. we invite our republican colleagues to join us. this is an important moment where the country and the world is watching how we respond to this attack on our capitol. >> today president trump is emerging from is seclusion, his first public appearance since leaving the white house. democrats are moving to impeach him a second time and raise the specter that it will cause violence. we're going to get to that in a moment. first we begin with breaking news. there are more serious signs indicating that the siege at the capitol may not be the end of the violence, it may just be the beginning. an internal bulletin from the fbi is warning for plans of armed protests at all 50 state capitols along with the u.s. capitol starting on january 16th. this is a bulletin based on

information that the fbi received. it adds, a group is calling for the storming of government buildings. it says there are threats of uprising if the president is removed from office, and that the fbi is tracking various reports of threats against president-elect joe biden, vice president-elect kamala harris and speaker nancy pelosi, and that is not all. house democrats were just briefed on monday about plots against them, involving armed pro-trump extremists surrounding the capitol building. >> we are in the midst of an ongoing series of crimes and an ongoing threat to the united states capitol, to our institutions, to communities around the united states. the threats we are facing are very specific. i don't want anyone watching at home to think we're just sort of imagining that things could be bad. they're talking about 4,000 armed patriots to surround the capitol and prevent any democrat from going in, and they have published rules of engagement, meaning when you shoot and when you don't. so this is an organized group

that has a plan. >> i'm joined now by devlin barrett who is national security reporter for the "washington post," and he's also author of the book "october surprise: how the fbi tried to save itself and crashed an election." devlin, let's talk about this exclusive that you have, an fbi report warning of a, quote, war at the capitol coming out a day before the insurrection. give us some details on what the report said. >> right, so on january 5th, which is one day before the riot at the capitol, fbi personnel in norfolk, virginia observed some really disturbing online conversations in which someone is urging their other supporters to go to congress, break glass, knock down doors, get violent -- and this is a direct quote -- get ready for war. that's important for two reasons. one, it shows the degree of discussion that went into this ahead of time, that people seem

to have this notion in mind in advance, but also the fbi has said they did not have any intelligence beforehand, that this was in the works, that there was a violence plan. they said they were preparing for a first amendment activity. and this report clearly shows that they were warned that there could be significant violence. >> and yet they didn't act on it. why not? >> we're told that what happened was the report was written pretty quickly, turned around from the norfolk office pretty quickly, and it was even briefed in the washington field office of the fbi where they were dealing with exactly the threat or picture of what was to come the next day, but it did not significantly adjust how they responded, how they behaved, how they positioned themselves. what we're still trying to understand is whether or not the fbi told many other law enforcement agencies that they had found this -- that have

talked this bit of discussion. it's not just discussion, there were maps involved, there were rally points discussed, and there were maps of tunnels around the congress complex. >> there were operational details. i want to bring in charles marino to this conversation. he's a former secret service supervisory agent under three different presidents, and he also served as senior law enforcement adviser to the department of homeland security. charles, your reaction learning that there was this fbi report a day before the capitol riot that, as devlin says, was briefed in the washington office and that there were operational details discussed in here. >> that's right, brianna. you know, i've always described what happened at the capitol as a national security failure. we know that strategically there was no plans underway to anticipate what the threat was, what the intelligence was, coordinate the necessary resources and then implement that into an overall strategic

security plan. the big question here is how did this get missed? we know the intelligence was out there. it was chatter, extensive chatter on social media networks about what the plans were. this either got to the right people and they didn't take action on what the intelligence was, or it didn't make it to the people that needed to know. either way this is a huge failure. >> and i imagine it will be judged as one, right, sort of in the annals of history of this moment, a moment where we wonder if intel would have made a difference, and this is probably a moment that it would have. the public doesn't know, charles, of many threats of violence that face the government that never materialize. so give us the perspective on this, on it's easy, certainly, in retrospect to say this is something that should have been acted on. is there something that should have been clear at the time to law enforcement, to the fbi that this was something they needed

to take very seriously in the moment? >> it's totality of the information, totality of the environment, brianna, and that is intelligence you're getting specific to certain actions and credible. and also tying to events occurring that day. at the capitol, we had that insurrection of that very election. you need to tie actions to what are taking place and what the focuses of those protesting rallies are, and you need to participate here. that needs to be incorporated into the security plan, and we know based on what happened, those capitol police officers were set up to fail by their leadership. >> i want to dig, charles, into some of the threats, the potential risks this inauguration could bring. snipers.

how is secret service, how is law enforcement going to combat, for instance, that risk? >> yeah, so let's talk about what's going to be different during the inauguration from what occurred at the capitol on the 6th. the inauguration is what's called the national special security event, nsse. this is the highest level you can label an event from a security standpoint. it puts the secret service in charge of the planning and organization, and it brings a holistic approach across the government, state and local agencies, the national guard, fema, you name it, all these resources come together in a very holistic manner to safeguard this event. they will be monitoring the specific intelligence as it relates to one of the threats that you just brought up, among many others, and they will be implementing countermeasures to all of those. but, i mean, make no mistake about it. the threats are still very real. they are credible. we know that the threat environment in the united states

here are elevated. we have yet to see the department of homeland security take any action by deploying and issuing a national terrorism advisory system, advising that the threat environment is elevated. we have the inauguration of the president this week. there is continuity from the secretary position as a principal federal official to make sure if there is a crisis, the secretary is there. that makes it more urgent, brianna. for the incoming administration, congress needs to act quickly and nominate the nominee for dhs to make sure there is a security of homeland security secretary in place to receive all this information and act accordingly in the event of a crisis and set the administration up for success. >> devlin, real quickly, before i let you go, the fbi is taking it seriously now, but you're looking at threats potentially

widespread across the country when it comes to potential armed gatherings. is the fbi confident that they do have, you know, the correct response and the correct picture that they should be looking at? >> i think what the fbi is trying to do now, given the events of last week, is sound the warning as best they can, that everyone needs to step up their security, everyone needs to step up their intelligence collecting, and everyone needs to prepare for the possibility of violence on the 17th and three days later for the inauguration. i don't think they will be caught flat-footed this time, but i do think when you talk about having to cover 50 capitols, when you talk about the notion that something could pop up anywhere, that is a security nightmare to deal with from the fbi's point of view. >> it is huge. charles, devlin, thank you so much to both of you for your insights, and devlin, for your reporting. the process to impeach president donald trump is underway. right now members of the house rules committee have just finished debating a proposal to force trump out of office using

the 25th amendment. it calls on vice president pence to immediately use his powers under section 4 of the 25th amendment to convene and mobilize the principal officers of the executive departments in the cabinet to declare what is obvious to a horrified nation, that the president is unable to successfully discharge the duties of his office. i want to bring in cnn correspondent manu raju on the hill. it's not if, it's when, manu. what are the democrats going to do? >> reporter: impeach the president. that's tomorrow. the question is how many republicans will break ranks? we expect virtually all democrats to vote to impeach donald trump for the second time in his presidency. this will be the charge of inciting insurrection. the last charge was an abuse of power and obstructing congress. this has to do with his actions post december 3rd, to urge the

georgia secretary to tilt votes toward him, all to that violent mob of supporters that came to this mall, stormed the building, and which led to the deaths of a capitol police officer. they are n the republicans are not going to tell them to fall in line with the impeachment. ultimately we expect a vast majority of the conference to side with donald trump, but there will be some republicans breaking ranks, and then how quickly will it go over to the senate, and how quickly will they have a trial? not going to happen before donald trump leaves office, but presumably in the early days of the biden administration. at that point, if 17 senators break ranks, they could prevent

donald trump from ever serving in office again. all of that will play out in the days and weeks ahead, but they vote tonight for impeachment on the 45th president, impeachment tomorrow, brianna. as the president left for the border, he rebuffed a question about comments made by his reporters on how his supporters attacked the capitol. >> what i said was totally appropriate. and if you talk about the horrible riots in portland, seattle and various other places, that was a real problem, what they said. but they've analyzed my speech and my words and my final paragraph, my final sentence, and everybody to the tee thought it was totally appropriate. >> unclear who he is talking

about there when he said everybody thought his speech was appropriate, because the broad conclusion, and it covers quite a bit of real estate across the political spectrum, was that it was not only inappropriate but that it incited violence, his speech. in his speech, trump repeated false claims that the election was stolen. he urged his supporters to show strength at the capitol. he told them, quote, if you don't fight like hell, you're not going to have a country anymore, and he said he would be going with them up to the capitol. so, yes, a call to action if there ever was a call to action leading to this effort by congress to impeach him a second time. i do want to go now to chuck schumer, the democratic leader in the senate. jim acosta, wait for just a moment, if you will. let's listen to what schumer is saying about potential threats. >> any examples of travel, and we have seen online and the authorities have even online desires to come back to washington and to go to other places to cause more trouble and more violence.

and there are many examples of this kind of travel. there are many examples of this kind of travel. so here we are today, and we are concerned about these people getting back on airplanes and doing more violence. and so today ahead of a concern for -- ahead of the concern for possible future attacks and with the law on our side, we are to say that these insurrectionists, many of whom are known to be at large, should not be able to hop on a flight. we are here today because of the folks, the people, the insurrectionists who breached the u.s. capitol fall under the definition of threats to the homeland, and should be immediately added to the tsa no-fly list.

we are calling on the authorities, the fbi, the tsa. any of those who were inside the capitol should be placed on the no-fly list and not be allowed to fly because -- any of the -- let's wait till he goes -- any of those who were inside the capitol should not be able to fly and should be placed on the no-fly list. we are calling on the authorities, fbi, tsa, department of homeland security to put them on the no-fly list immediately. amidst the continued threat of future violence online, the

federal government's own concerns, i spoke to director wray about this twice in the last few days, we cannot allow these same insurrectionists to get on a plane and cause more violence and more damage. these individuals are a threat to the homeland as defined by the law. the law allows this. and they should be placed on the no-fly list. look, the attack on our capitol remains under active investigation. the situation has many concerned about the possibility of another attack or attacks, and rightfully so. i'm continuing to be briefed on an almost daily basis, as recently as last night, by law enforcement. to, one, ask them what their threat assessments are. to, two, make sure they're going

after every person who was inside that building. and three, to do everything they can to prevent any future attacks like the one that occurred in the capitol. so if these insurrectionists are not prosecuted to the full extent of the law, their prejudices to disrupt and incite further violence could occur again. the law says that acts of terror, like those perpetrated by the people who unwillingly violated the capitol must be considered a threat to the home once you're a threat to the home land, you should and will be placed on the no-fly list. plain and simple. the threats to violence cannot be allowed to fly, and neither

can these individuals. let me give you a little more background. many of the individuals who were part of the attack last week, as i said, remain at large, are wanted for questioning, violent acts and more. the founding member of the proud boys hawaii was arrested last thursday, accused of unlawful entry into the u.s. capitol building. captured in an airport in hawaii. according to "the times," the justice department and the fbi have embarked on a nationwide manhunt to track down scores of people, and now it's even larger, who have attacked the capitol. with so many questions about safety and the worry about future possible threats, the least we can do is make the skies, the inauguration, the capitol and the country safer. that's what i'm asking be done today. now, i'm going to go to two other subjects.

first, what president trump said this morning, showing how did he spe -- despicable a president he is. he blamed the violence on others. he blamed the violence he regularly caused on others. he blamed so much on others. to this, what trump did today, blaming others for what he caused is a pathological technique used by the worst of dictators. trump causes the anger. he causes the divisiveness. he foments the violence and blames others for it. that is despicable. the technique trump is using is used by the worst dictators the globe has ever seen. donald trump should not hold office one day longer.

and what we saw in his statements today is proof positive of that if you needed any further proof, which i didn't. as i've said, if he won't resign, and vice president pence in the cabinet won't invoke the 25th amendment, he will be impeached by the house, and as the law requires, tried by the senate. okay. now about the senate trial. so leader mcconnell is saying he can't call the senate back after the house votes for impeachment because it requires unanimous consent, the consent of every senator. that's not true. there was legislation passed in 2004 that allows the senate minority leader and majority leader to jointly reconvene the senate in times of emergency. this is a time of emergency.

mcconnell claims he needs unanimous consent, the agreement of all 100 senators, but it's not so. i've asked him to call the senate back. all he needs is my agreement. i'm still minority leader, and his agreement, he's majority leader. we could come back asap and vote to convict donald trump and get him out of office now before any further damage is done. the legislation that passed in 2004 puts a dagger through the heart of this idea that you need unanimous consent for every senator to call back the office. >> i am glad that trump had it in him.

you racist socialists -- you're nothing but cowards. i actually got excited over it. that's how much i loathe you. that's how much i'm glad what they did. people do what they do. after all, you don't care about us. we tried to protest peacefully for what? >> we're going to step away from this press conference, the chuck schumer, the senate democratic leader has been doing there. obviously he was interested by someone who was very upset. difficult to hear what they were saying, but chuck schumer was saying that what he wants, he is demanding that the feds place

people who entered the capitol on the no-fly list. he said this is necessary to contain possible future threats. he said that they are threats to the homeland, and so they should be on the no-fly list. he also addressed president trump's comments this morning where he basically said that what he said to his supporters before they marched up to the capitol and staged an insurrection that it was appropriate. and he also said -- which we know -- that if the president does not resign, if vice president pence does not undertake the 25th amendment and what it says in the amendment that trump will be impeached by the house. and he also was frustrated that mitch mcconnell is not going to help him move this along to get started before joe biden is president. i do want to bring in jim acosta who is our chief white house correspondent. you heard the minority leader. i wonder how concerned the president is about tomorrow where he will become the only president in history to be impeached twice. >> yeah, brianna, the president

and his advisers, they are concerned, obviously, that the president is now going to have the dubious distinction of being the only president to be impeached twice. but beyond that, there are other legal considerations. i've been talking with some sources close to the president familiar with discussions going on behind closed doors that the president has been told he has to de-escalate his rhetoric, that he has to denounce violence for fear he may be the subject of prosecution and potentially liable in a civil lawsuit for what occurred at the capitol on january 6th. i talked to a source familiar with these discussions and this source says lawyers have been recommending a de-escalation of rhetoric not just for the good of the country but also to reduce the risk of legal jeopardy. i talked to advisers who said the president can absolutely be sued. so, brianna, there are lawyers advising the president at this point not just about the prospect of impeachment, but

also about the prospect he could be charged criminally infederal could be sued, that he could be held liable for what happened at the kocapitol on january 6th. remember, when he's not president anymore, he doesn't have that legal protection that the justice department claims he has. once he leaves office, he is a private citizen and can absolutely be brought up on criminal charges and be sued potentially for what happened on january 6th. for what the president said earlier this morning, not taking responsibility for violence at the capitol and saying every word of his speech was perfect. obviously, that's garbage. to use a technical term, he's just being full of crap about this, brianna. the u.s. army will be doing background checks on soldiers there guarding the inauguration. and threats at the capitol,

including lawmakers. i'll be speaking with one. remember how lindsey graham said he was done with the president? that didn't last long. only p. ♪ liberty. liberty. liberty. liberty. ♪

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get the food you love with perks from- - [crowd] grubhub. house democrats strive to impeach president trump for his role inciting last week's riots at the capitol is putting some republicans in a bind as they weigh how to vote on wednesday. while the vast majority of republicans are expected to oppose the article of impeachment, there are several that could break ranks. cnn reported just last night there was a conference call, and talk to go her colleagues, congresswoman liz cheney, who is the number 3 republican in the house, urged them to vote their

conscience on trump's impeachme impeachment. we also learned a short time ago that ted cruz's communications director resigned in the wake of last week's attack. dana bash is the chief political correspondent and gloria borger is a former gop house committee council. her latest book is called " "e.pluribus one for a -- rediscovering our founder's idea of a united america." >> i've been talking to republicans on the hill this morning, and one said to me the dynamic is as follows. that the easy thing to do, politically speaking, is to vote no on impeachment for these

republicans. the hard thing to do, which is always the case in life, right, is to do what many believe is right, which is to vote yes, which is to be on the right side of history and to send the message that should have been sent in a much louder, much more profound way long ago, but particularly, legalities st's s months ago never mind a week ago. this will not stand. you can't get a mob together and inspire them to storm a capitol. but never mind that, to brazenly lie over and over and infect people who support you with things that are not true to the point that they feel that they are doing your bidding to challenge the congress is beyond impeachable. so those are the kinds of conversations that are going on

inside the house republican conference, and ultimately we expect at some point, among senators. >> so let's talk about this decision that we've seen some lawmakers make and unmake, and who knows, maybe they will make them again. i'm talking about lindsey graham who is going to the border with the president today, and we should remind people what he said on the senate floor last week. >> the president and i, we had a hell of a journey. i hate what's happened, i hate it. he's been a proverbial brother. but today, all i can say is count me out, enough is enough. >> he said, sophia, we've had a hell of a journey, now he said count me out, and now he's on the airplane. what do you think? >> let's not forget, this is the same lindsey graham that told us in 2016 if we knnominate trump,

trump will destroy the republican party and we'll deserve it. he was 100% correct. i'm done with the republicans. i'm so done with the house leadership, kevin mccarthy, scalise, jim jordan, all of them. don't forget they went back into that chamber after the acts of violence and death and murder in our nation's capitol and still voted against certifying the pennsylvania electoral votes. they did it after the fact. kevin mccarthy has no spine, he's weak. lindsey graham, he's all over the place. one minute he hates trump, one minute he loves trump. this republican party is done for. and everything dana said is 100% correct. me, as someone who was a republican for 20-plus years of my life, worked on the hill, worked in the capitol, i am heartbroken. you can tell i'm emotional about this, because i can't believe that even right now they don't have the guts and the decency and the patriotism to stand up and take this demi god down, dem

-- demagogue, whatever you want to call it. they're afraid of these seditious cowards. this isn't going to change, and i don't think they're going to do the right thing. that's a problem. >> bre, can i add one thing about senator graham, because i think this moment speaks to the larger problem with the way so many republicans have dealt with donald trump since the beginning. and that is that they believe -- and i know senator graham feels this way, he said so publicly, that it's better for him to stay close to the president, to have some influence on the president, to keep lines of communication open with the president than to say, you know, to actually -- for us to take literally what he said on the senate floor which is, i'm out.

that is the approach that so many of them took, and guess what? despite the fact that they will tell me, and i'm sure you privately as well, brianna, you don't even imagine the things that could have happened had we not been there, okay? let's just put that aside, true or not. what is true is that if senators and members of congress who are still in discussions with him, who are still trying to influence him just froze him out and put him on the island where he should be when it comes to defending and not desecrating our constitution, things could be different. but it is an approach that they continue to take, and there's not a lot of evidence that there is a lot of payout. >> yeah, i mean, whatever ambitious power-hungry people tell themselves, i guess i would say to some of that, it's just -- i don't know, to me i think when you look at what happened at the capitol, that's

sort of an inflection point to change their calculus. they've changed it and they've unchanged it. sophia, we're getting some reporting from cnn's jim acosta that advisers and lawyers whovsh spe who have been speaking with trump the last few days have lowered their rhetoric and asked him to denounce violence in the attack on the capitol. i know you both probably have pretty similar assessments as to whether that would happen, but is it a matter of legal liability for mr. trump? >> absolutely. i believe he violated the insurrection act not only with his statement after the violence which was chilling and unbelievable, but his statements at the rally before. the fact of the matter is, you ladies mark my words on this, he's going to do this when he gets down to texas today because

he's thinking about his fate afterwards, and he has to think about these people who are beholden to him that they would wreak havoc in the capitol. he has to keep them so he can make money and do what he's going to do after he's not president. get ready, america, we've just seen the beginning of this. that's the heartbreaking part. >> dana, real quick before i let you go. have you heard, when you're talking to republicans on the hill, anyone who is saying they made a mistake, you know, look, we know there were signs, but we also know people missed them or they ignored them. is there anyone who is kind of doing some soul searching at this moment? >> elected members i have spoken to, the answer is no. staffers who work for them, the answer is yes. brianna, you reported ted cruz as communications director resigned. i've talked to other people who are consultants, kind of less

close to those who have been so enabling of donald trump and his partners in this, who have told me that they are embarrassed, they're disgusted, they feel horrible. you know, some people have come forward, but if you gave truth serum to a lot of people we know, you would see and hear a whole lot more of them. >> dana, thank you so much for sharing that with us. sophia, thank you for your perspective today. we do have some breaking news. reports that the fbi warned of a, quote, war at the capitol. a war. contradicting claims that there was no indication in advance of looming violence. plus the president's actions are hurting his wallet. hear about the banks that are now cutting ties with him after the siege. this is cnn's special live coverage. e? recipe feature. and more motivation with on-demand workout classes. the new myww+. don't pay until spring! your first three months are free!

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the house is moovving quick on a timeline for tomorrow. we have senator tammy duckworth here with us. good to have you with us. >> it's good to be here, brianna. >> your democratic colleague, joe manchin of west virginia, i want to listen to something he said on fox and discuss it with you. >> i think this is so

ill-advised for joe biden coming in, trying to heal the people when we were going to be so divided and fight again. let the judicial system do its job. >> now, manchin is sharing a view here with some republicans. he did vote to convict trump the first time, but obviously he's raising questions about whether he will do that again. how essential is it, in your view, that democrats are able to convict? >> well, i think that there needs to be consequences for these actions. otherwise you're sending a precedent for future precedents and future bad behavior. so i do think there needs to be consequences for these actions. i'll wait to see what the articles the house puts forward are, and i also know that we can wait to hold the hearings a little bit later. i know there are all sorts of ways of doing this. chuck schumer has talked about it being sooner or later. it could happen after 100 days

of joked being e biden being in. i have to say i agree with my senator of west virginia we ever a lot of hard work before us, we need to focus on the pandemic and getting the economy working again. i do think president trump either steps down, the 25th amendment or impeachment. but i would hate for that to get in the way of taking care of americans who are dying right now. every hour we are dozens of americans who are passing away from this pandemic. >> so are you saying that you would actually support or you would prefer that this is something that is delayed beyond the first 100 days? >> i'm open to it. i want to see what the articles are moving forward. i think that he must be punished, and there must be consequences with these actions. we've got protesters who responded to his call to action and they're being arrested and

have consequences, then trump should be accountable for his actions as well for breaking the law and starting this whole insurrection in the first place. >> there is this discussion going on right now between the biden camp and senate democrats about splitting the days so that there would be legislative business half the day and then a focus on the impeachment trial for the second half of the day. of course, as you are aware, well aware, the political capitol in the first 100 days of an administration is finite, so there is no way that this wouldn't bleed off something, from trying to tackle these agenda items, the coronavirus stimulus bill the biggest among them. are you thinking this is an important -- i mean, is this a point the democrats need to decide, in your view, that if they get impeachment, they're going to forgo the chance to really make a difference on biden's agenda? >> i would never want to forgo a chance to make a difference on biden's agenda, but i would

think if the president-elect has looked at this, if that is his proposal, we need to look at this very seriously if that's what he wants to do. i'm very focused on making sure we get the $2,000 checks out to everyone as soon as possible. i'm even willing to vote on that separately. we need to then talk about getting the vaccine out to everyone. we need to get the economy moving again. and, yes, we have to punish donald trump. i'll wait to hear and see exactly what the house brings forward tomorrow when they have to vote. >> so the president, as he left for this border trip that he is currently on, suggested the effort to impeach him will lead to violence. if there is violence around the inauguration, which certainly seems to be a real possibility, there are threats and expectations of armed protests at the very least at state capitols around the country and the u.s. capitol as well. what would you say if republicans blame your party for that violence? >> well, i would say that they need to look to the head of

their party, president trump. the one person who can stop the violence is donald trump. right now on this tour that he's taking instead of dealing with what's at hand and going down to the border and talking about the border wall again, he could be talking to the american people and telling all these supporters who are believing his lies and tell them stand down, stay home, let's support our democracy, stop attacking our constitutions and let's let the democratic process move forward. he could stop the violence. he could that. but he won't do that. donald trump is a fragile man with a franlgile ego about to le power. he can't stand it. what does he do? he goes out and tells lies and foments insurrection and that leads to what happened on the 6th of january this year, which is americans attacking americans.

that is not acceptable. >> federal investigators are currently looking into whether current law enforcement, so active duty law enforcement or military were involved in the siege on the capitol. there was a special forces officer involved at the capitol and it's unclear if she violated laws. you're a member of the senate armed services committee, decorated combat veteran. you sent a letter to the acting director chris miller on this. what concerns does this raise for you about potential military involvement? >> the concern is raises for me is donald trump has successfully politicized the military and we need to stop that in its tracks. that's why i sent the letter. if you're currently he serving or fall within the ucmj to be called and prosecuted for this insurrection, we need to prosecute these individuals. there needs to be consequences for those actions. members of the military should not be attacking the capitol of

the united states. they took an oath to defend the constitution of our country from all enemies, foreign and domestic. they need not be that enemy themselves. so all of those who are -- who fall within the ucmj, uniform code of military juice, should be prosecuted with ending the umcj. >> we know this is a continuing story and we will be talking to you about this, senator tammy duckworth. thank you for being with us. and house republican leader mitch mcconnell said he was stern on the call but up until the election, he helped fuel conspiracy theories. we'll roll the tape. and the riot room where senators were not forced to have masks are testing positive for covid. we'll have their colleagues next. if these beautiful idaho potato recipes are just side dishes,

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so you can... retire better a third member of congress tested positive for covid following last week's riot and lockdown at the capitol. democratic brad snyder of illinois said he received a positive test this morning and he's blaming his gop colleagues for the infection. schneider is one of the lawmakers who fled the capitol mob and spent hours confined in a room with other members of congress. there were several republican lawmakers there who were refusing to wear masks. they're marjorie taylor green, a qanon supporter from georgia.

there was also congressman markwayne mullen, andy briggs, scott perry, mike mcleod and doug lamalfa. doug, i thought they were supposed to wear masks. tell us what the rules are there and are the lawmakers quarantining now three members tested positive? >> the rules pertain to the house floor. if you're on the house floor, you have to wear a mask. the recommendation is wear a mask at all times. that's from the office of attending physician but it's clear once republicans are off the floor, some, not all, choose not to wear masks. the difficulty of the moment on january 6th is not everybody, but a large number of law milwaukeers were packlawmakers were packed into that safe room. a democrat walked up to the masked republicans and they turned it down. since then, you note including one, a chance you are survivor,

botty wasson coleman, all tested positive. and i can't tell you how furious democrats are right now. they had a lengthy conference call last night, the democratic conference and a number of issues whether it was security or impeachment but a large part of that conference call, i'm told by a member who was on it, was venting frustration about republicans putting them in this position. they're calling for penalties. you had two members of the house who are now proposing legislation to impose $1,000 fine on any republican -- not any republican, any member who chooses not to wear a mask. they want the sergeant in arms to immediately remove anybody on the house floor not wearing a mask, even though we've seen them in the past couple of days take their masks off at a couple points. this describes what has been going on since the start of the pandemic, there are republicans who believe they should not wear masks and democrats who are very clear that's one of the answers, as the cdc says, as the government says, and that divide

is continuing to be exacerbated and more so in this moment where they didn't have a choice. you couldn't go anywhere in this room. now three democrats tested positive. there's outrage. there's call for penalties, and my guess would be, republicans who don't wear masks probably will continue to not wear masks. >> yes, off the house floor, as you point out this. phil, thank you so much for that. phil mattingly live for us from capitol hill. it is the top of the hour. i'm brianna keilar and history is unfolding. >> this is cnn breaking news. >> history is unfolding on capitol hill. the house is moving ahead today, preparing to vote on a resolution calling for vice president mike pence to invoke the 25th entertainmeamendment te president. and they will set the rules for a vote tomorrow. democrats say they expect it to pass and also expect several republicans to join them. today president trump is escaping the turmoil in washington and his white house to get a glimpse of the border