that have obviously left the notion that they should serve and protect from both foreign and domestic? what are you going to do? not what are you going to say. >> president johnson, appreciate your time. thank you very much and i hope senator langford will come on and talk about this and his plans and thoughts. we invited him tonight and he declined. thanks for joining us. anderson starts now. good ervening. as the president makes plans for a military send off the capitol he's preparing to flee is witnessing military presence seen in baghdad and kabul. it's not been this way since the civil war and it's growing. the pentagon late today upping the contingent from 21 to 25,000 national guard troops and breaking news about a police intelligence report that predicted something like what we saw last week three days before the assault took place.

that and other new details about last week's attack. they make it clear in case a reminder is needed that this could easily have been far deadlier than it was there is new reporting in the washington post how close the insurrectionists some shouting hang mike pence and lynch pence may have come to crossing paths with the vice president, his wife and daughter. according to the post time lobbying lured away by this capitol police officer came up the stairs at 2:14 p.m. according to c-span footage and a post reporter on the scene, that's a minute after the vice president was moved from the room into a nearby office. had the attackers arrived just that one brief minute sooner, they might have spotted pence and who knows what might have happened then. ten minutes later with the vice

president and his family in hiding protected by secret service, the president tweeted and i quote mike pence didn't have the courage to do what should have been done to protect our country and constitution. he didn't tweet gosh, i hope the vice president is okay. please, everyone leave the capitol. he didn't tweet there was no fraud. joe biden won the election, we'll get them next time at the ballot box. no, the mob that nearly caught sight of the man they came to hang had these words. >> when you catch somebody in the fraud you're allowed to go by very different rules. so i hope mike has the courage to do what he has to do, and i hope he doesn't listen to the rhinos and the stupid people that he's listening to. we're going to walk down to the cap capitol and we're going to cheer on our brave senators and congressmen and women and we're probably not going to be cheering so much for some of

them. because you'll never take back our country with weakness. you have to show strength and you have to be strong. >> well, those were their marching orders. they were based on a lie. people died because of that lie and even know with the blood of police officers on his hands, with thousands of troops in the nation's capitol and authorities in all 50 states on alert for violence, this twice impeached president has not repudiated that lie. he doesn't care or wants to burn it down on his way out the door or maybe both. he could tamp this down but he won't, of course, he won't. he'll keep lying and say the election was stolen parroted by supporters bent on violence. >> make no mistake this election was stolen from you, from me and p from the country. >> it unquestionable our votes were stolen. >> the republican poll watchers rejected in some cases

physically prom the false pretense of a pipe burst. >> people were bushed out of the voting areas, told that pipes had broken. >> election officials pulled boxes, democrats and suitcases of ballots out from under a table. >> ballots were made up out of nothing. they appeared from under tables and suitcases. >> you-all saw it on television. totally fraud. >> they don't get to tell us we didn't see what we saw. >> they changed the rules and election law and did it unconstitutional fashion. >> they changed the rules mid game. >> president trump won this election. >> how can an election get stolen from us? >> everyone who is listening. do not be quiet. do not be silent about this. we cannot allow this to happen before our eyes. >> we have to as american pat patriots, take back this country.

>> we will not wait for four years from now to change this. we'll fight this now. >> we were normal good law-abiding citizens and you guys did this to us. we want our country back. >> from the president's lips to his enablers to the would be lynch mob a lie. the president has yet to take back a word of it. yesterday republican senator james langford of oklahoma sent a letter to black constituents saying what i did not realize was the national conversation about states like georgia, pennsylvania and michigan was seen as casting doubt on the validity of votes coming out of predominantly black communities like atlanta, philadelphia and detroit. he said he was blind sided by the reaction but also found a blind spot within himself. he ex pressed regret in this letter, not forecasting doubt on the outcome of the election tempting to overturn those votes, but for what he called his blindness to how his words and actions could be interpreted by black residents of oklahoma. whatever you might think of

senator langford's apology such as it is, it certainly far eclipses anything we've seen or heard from the president. for more on the circumstance the president wants to move on with among other items, we're joined by jim acosta and dana bash. president trump wants a big military send off which is not perhaps surprising. is it to take the sting out of being impeached a second time? >> it another moment for the president before he leaves office as the sorry shameful chapter in american history comes to a miserable end next wednesday. we're told by officials familiar with the planning of this, the president wants a ceremony, a grand departure ceremony that is similar to the kind of ceremonies you see when there is a departing head of state, come meet with a 21 gun solute, military and collor guard.

until the some wounder how he can get thi. until next wednesday, he's the leader in chief. he can line this up and american tax dollars will pay for it. >> will this happen before the inauguration, in the middle of the inauguration? >> it's supposed to happen on the morning of the 20th before joe biden takes the oath of office and anderson, you know, it is a sad commentary on the trump presidency. i was here on january 20th four years ago when the obamas met the trumps, greeted the trumps at the entrance behind me as donald trump was preparing to take the oath of office and the obamas showed that kind of grace and class even though trump had questioned the legitimacy of barack obama when he was president of the united states. president trump is not going to afford the same courtesy to the bidens. he's going to continue with the fantasy and fraud the election was stolen from him and going to

leave the city in that kind of fashion in an event that is essentially a fraud. >> these are small people. they pretend -- this president pretends he's a big man, strong man. he's too scared and not strong enough to go to the actual inauguration. i mean, dana, i get him wanting to try to take away from president elect biden's inauguration. he's petty like that but feels tone deaf. he wants a big military send off. he's got one. there is more than 21,000 national guard troops and the city is on lockdown and people are dying of covid in record numbers and the vaccine rollout is nowhere near it needs to be and this is what this guy is spending the final days planning and dreaming about? >> yes. this is donald trump. it is the way he has been and he has become a character of himself which is kind of hard to

imagine given what we've seen over the past four years but anderson, you've took the words out of my mouth and we've seen images now. the president wants to have an image and some kind of thoeater people will remember. this is what they're going to remember. they're going to remember people like jim and me and everyone else who works in this city having to go through check point after check point like you would, anderson, when you are going to war zones across the globe but this is in the united states of america and for one reason and one reason only and that is because voters in a free and fair democracy defeated donald trump and he can't admit it and he's still clinging to this lie because he was told since he was younger that you cannot be a loser so he is coming up with and hanging his

hat according to somebody who knows him well. this isn't even just me saying this, he's hanging his hat on any crazy conspiracy theory he can find in order to not admit the reality he's defeated. those are the images. that is the circumstance without the pump that donald trump is going to have and always -- will always be remembered as he leaves office. >> jim, i understand kelly has flown off. who is visiting the white house these days? i understand somebody visited today. >> the "star wars" bar of characters continues to file in. we saw mike lindell, the founder of my pillow. a pillow manufacturer, perhaps you've talked of him. he's been espousing the same conspiracy theories about the election the president has. he met with the president for about five minutes. i confirmed this with him on the

phone this evening. he said that he brought some documents in for the president to see claiming to be evidence of election fraud and the 2020 election and he says that president trump took that material and gave it to staffers, the other thing we should point out, do the words martial law appear. if you look at a closeup, the words martial law do appear. it one of the strange type of things that are said in these d documents and anderson, it's another example how the president despite everything that happened on january 6th, the fact people died because of these lies spewed by the president, he's welcoming people to the white house reinforcing crazy ideas about the election and mike lindell is one of those people and when i talked to him on the phone this evening, he just wasn't making a lot of

sense just like everything else happening with donald trump these days. >> thanks very much. more on the breaking news up on "the washington post" headline, capitol police intelligence report warned three days before attack that congress itself could be targeted. the post carol writing the authors of this intelligence report quote warned of a violent scenario congress itself could be the target of angry supporters of president trump and how thousands of engaged protesters egged on by trump and franked by white supremacists were likely to stream into washington warmed for battle end quote. with that on the table, shamone joins us. it was stunning the fact it was capitol police intelligence report indicating this given what we now know about the preparation or the lack of prep prices, the lack of security preparations. clearly, authorities want to avoid any repeat of what happened last week. what are the latest security

measures we're seeing in washington tonight? >> reporter: yeah, anderson, keeping on that theme of the military send off. when you look around washington d.c., you can't walk a step without seeing the military presence and you can see trucks like this parked here, there's another one down the block here and then there are two more here surrounded by these concrete barriers and what's happening is this is the scene all across downtown washington d.c. and other parts of washington d.c. it seems that what the police here and military are very concerned with vehicles. right now almost every intersection is blocked off by these trucks and they're really keeping a lot of cars. they want to keep cars out of this zone. we've also seen national guard troops arriving by the bus load just a few minutes ago, so about half a dozen buses filled with national guard troops arriving. so you can definitely feel the military presence here. you can definitely feel the

security. i mean, the streets are deserted. there is barely anyone out here at this hour as there are more trucks passing through. but certainly, the military presence here is definitely being felt, anderson. >> the fbi is announcing more arrests in connection with the insurrection. where does the investigation stand tonight? >> that's very much on going. the fbi announcing more arrests every day and arrests they are making and not announcing because people are cooperating and questioning them. today, they say they one of their big focuses on the death of officer sicknick, the capitol police officer that died. they are making progress grelsz in that investigation. they have several people under the investigation. they are making progress. they told us, the u.s. attorney here, michael shareirwin they h 300 cases open and have taken several of them into custody. the u.s. attorney here,

actually, the fbi director for the washington field office said that in terms of this investigation, that we are just in the first quarter, anderson. there is a lot more work that they're doing and this is going to go on for weeks and perhaps months. >> appreciate it. joining us two cnn law enforcement analysts, dc police chief and secret service agent jonathan. chief ramsey, this washington post report tonight saying three days before the violent insurrection and capitol intelligence report warned congress could be a target of trump supporters. you know, again, it just amplifies the questions we've been asking and you and i have been talking about for quite sometime now since this attack of, you know, what went wrong and i mean, if they had this kind of intelligence, surprised, you know, of course they had this kind of intelligence, this was publicly well-known. is there al here any justificat how unprepared they were?

>> no, and you need somebody to take a deep dive into what happened. who knew what when? bits and pieces are kind of trickling out. obviously, they weren't prepared. obviously, there is a breakdown somewhere partly in intelligence, partly as in probably the authorization to really w really be able to deploy properly there are so many different moving parts we got to get to the bottom of it and i don't think that will happen until there is a commission or someone that can take that deep dive into it. >> jonathan, "the washington post" also reports that this report was not shared widely with other law enforcement agencies. i mean, if it had been shared with the fbi, secret service, would it have made a difference or do we not know that at this point? >> yes, any time information is power, anderson and any time that you have intelligence that is credible that can be shared with law enforcement partners, it's only going to aid in the

situation. it going to aid you in preparing. having intelligence that stated that congress could be targeted in not providing any action based upon that information isn't just an intelligence failure. that's negligence anderson. >> and why wouldn't this be -- have been disseminated? why wouldn't this have raised alarm bells among capitol police? >> well, anderson, i have no idea and to chuck's point, i mean, we need to factually assess every action that happened before january 6th and fully understand where multiple points of failure had occurred and guarantee they never happen again. we have a capitol police officer that died. they died because this intelligence was not disseminated. this is negligence and has to be addressed. >> and, you know, there's been suicides after this among police, as well which is also a

direct result of this. i mean, chief ramsey, what goes through your mind when you look at what d.c. has been turned into ahead of inauguration? obviously, look, there is security concerns around inauguration but authorities have established what they are calling a green zone, you know, i spent a fair amount of time in the green zone in baghdad. stunning there is a green zone in d.c. >> well, i spent time in the green zone in baghdad in '07 and you're right. i haven't seen anything like it. in fact, one could argue maybe it a little more intense than it was in baghdad because it's a smaller geographical area they're in but 25,000 national guardsmen, i was part of two presidential inaugurations, planning for two both bush inaugurations, george w. bush and this is nowhere near the security including '04 which was in the aftermath of 9/11 and we did beef up security but nothing

like this at all. you know what my biggest concern is and i know we're right now just focused on the 20th, but a day will come when all these people leave. all these barricades will leave. where do we go from here? there have to be serious changes in terms of physical security and other aspects of security at the capitol and elsewhere because this whole threat is not going to end on january 20th. >> jonathan, also, i mean, if there are certainly other tarp gets, soft targets, you know, hardening all these targets now for around inauguration to chief ra ramsey's point and state capitols but if some of these fringe groups want to, you know, target people, individuals or, you know, whatever they want to do, there is plenty of soft targets if rfor them with targen state capitols in d.c. >> yeah, anderson, and that's the problem that law enforcement

has right now. we fortified washington d.c. we've hardened certain sites like the key locations but there is a line of demarcation where the security steps down and that's the point of vulnerability though secondary targets, softer targets that anti-government and anti authority violent extremists could actually launch an attack on. i don't think what we're going to see moving forward is a coordinated large mobile iized attack on january 6th. the threat moving forward is people that possess this ideology acting as lone wolves. >> there is a bulletin from homeland of security indicating that domestic extremists who claim to believe the incoming biden administration pose the most likely threat to inauguration. has u.s. law enforcement ever faced a situation which thefree

fairly elected president is the motivation for the threat? >> i haven't come across and heard it and that's why you're seeing such a dramatic response from law enforcement. these groups wholly believe in apocalypse ideology. they want to take down the u.s. government and the challenge is we know that we don't have to assess that there's a likelihood that they will engage in violent acts. we actually know they will engage in violent acts and that's why you see this mobilization of the national guard and law enforcement all under the coordination of the secret service right now to address this clear and present danger. >> chief ramsey, the department of homeland security didn't recognize the threats despite online chatter. how confident are you all agencies will be up to speed ahead of the inauguration

because there is still an extensive amount of concern in the online chatter? >> i think after january 6th, i really don't have concerns information is going to be shared. but again, until someone takes a deep dive into who knew what when of these agencies, federal, local, state, whatever it may be, we're not going to really know just how many people dropped the ball on january 6th, and why it happened, but it is frightening to think that these kinds of things can take place but as far as the 20th goes, in light of the 6th. there is no way they aren't sitting downstair sharing inforn at this point in time. >> thank you very much. joining us now sheila jackson lee of texas. congresswoman jackson lee, thank you for being with us. as i mentioned, "the washington post" is reporting tonight three days before the insurrection, the capitol police internal intelligence report indicated

congress could be targeted with violence. given that, the response by police on capitol hill clearly was different than response to demonstrations we saw this summer in the wake of george floyd's killing. what is your reaction to this report? >> anderson, you're absolutely right. just a couple of days ago, the congressional black caucus, the first organization took a deep dive on this divided and definitively different response and also, the racist over tones of these domestic toreerrorists. this will not be the end or beginning. many of us will head committees that will immediately look what happened. let me share with you what the real problem was. first of all, the overall collapse of security including helping with the united states

capitol fell squarely at the feet of the individual provoking and stoking these fires and that's president donald j. trump. the reason it included responsibilities in his area is because the vice president traveled from the white house to the united states congress. so you had in essence the representation of two co-equal branchs of government. the president did not encourage, direct homeland security, fbi, doj, the u.s. department of defense or any other agency for that day to do anything, to share information. now, one would think this is the normal work these organizations do and you're absolutely right. there is something to the terminology of commander in chief. the president has death and blood at his feet but at the same time, was complete advocation of responsibility if you will, and duty he did not command and move forward. there was a failure in the

house. the two leading security persons have resigned. the chief of police has resigned. there is reporting that the chief of police said that he gave information to the two sergeant of arms that are no longer here. we have to be able -- the speaker is outstanding. i can assure you we'll get to the bottom of it but you know what? lives of large amounts could be lost. lives of large amount could be lost and the continuity of government could have been interrupted. >> as you mentioned, speaker pelosi announced general russell, retired russell obviously got a lot of praise in the wake of hurricane katrina. cnn is reporting some members of congress are worried about personal security and members of their family's security. some are said to be buying body armor and adjusting daily are you t-- routine. in general terms, are you

concerned about safety, about your safety? >> absolutely. a absolutely. i only say that because this is something we've never seen before. you've heard us say this has not happened since 1812, 1814, the british burning the capitol down in 1814, i believe. so this place has purposely, anderson, been open not only to the american people but our guest because it's a citadel of democracy. we like people to see how democracy works and as we disagree vigorously with republican colleagues, we thought they agreed there is one sacred thing in this place and that's our willingness to subject ourself to be able to be in democracy. now we're thinking about pipe bombs. we have more troops there than iraq and afghanistan. we have a constitutional duty to be precedent on this day that

has been designated for the peaceful transition of government. our new president and vice president will be there and so i guess we challenge those with racist tendencies and otherwise to be able to stand down as they say with the security that we have that we're serious about holding them accountable and we will do our jobs and that's the way we look at the duty that we're obligated to do. >> congresswoman sheila jackson lee, appreciate your time. thank you. >> thank you for having me. be sure to tune in this weekend for a closer look at the forces attack this week and the on going threat that remains. "the faces of the trump insurrection" area saturday night at 10:00. up next, what the next days hold as the president sits and stews in what is quickly a very lonely white house and what he'll do once air force one drops him off in florida. tony schwartz, one-time ghost writer joins us with thoughts and with the pandemic burning out of control. millions of vaccine doses were being kept in reserve. tonight we know that was a lie. incomparable design makes it beautiful.

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it's a picture of the white house emptying out and the walls closing on him. the manhattan district attorney's office expanded its criminal investigation into the trump organizations finances to include the compound in westchester county. it likely not the only potential

criminal civil or financial jeopardy he faces. what must thisperspective? if anyone might know, "dealing with the devil, my mother, trump and me." tony good to have you. the situation in the capitol couldn't be more dire or dangerous yet, the president wants a color guard and military ban and 21 gun solute and red carpet for his departure. i don't imagine you're not surprised. >> no, i'm not surprised because there is nobody who wants what donald trump does in the worst moment of his life. you know, i don't think he is able to take in the enormity of the defeat, the enormity of the humiliation. he will move frequently to anger and to rage but i think this is overwhelming to him. it kind of mind boggling to me, anderson, after four years of --

and thank you for providing me a forum to call donald trump out over the past four years but it's a little bit surreal right now. >> i mean, not only is the president not going to the inauguration, which is kind of a sign of how small he is, he's leaving d.c. in the morning apparently at least in part so he doesn't have to ask the new administration to use air force 1 after noontime when he's no longer president. do you think he views having to ask president biden for use of the plane as form of concession? >> oh, my god, yes. it's always for donald a bchoic between dominance and submission and the reality is that he has to submit now but he is certainly not going to actively participate in that submission. >> today lindsey graham said he thinks the president is ready to move on. i'm not sure even really what that means coming from lindsey graham but i mean, do you think

the -- what do you see he's post president life to be like? does he stay at mar-a-lago? does he grow disinchanted there and want to come back to new york a lot? i mean, i can't imagine him stuck in mar-a-lago hanging out by the bar, you know, listening to, you know, hangers on come around and table hopping. i guess that's what he does is table hop and complain about the lost election. >> yeah, i can't, either, anderson. i would imagine that trump is going to -- the most striking thing about trump in the last week is not what he's asking for and not what he's saying because we're not actually hearing it from him, it's the fact that he's off twitter and guess what? it's as if donald trump doesn't exist anymore when he's not on twitter. >> yeah. >> it changes the whole dynamic. so i would imagine that what

he's going to be looking for and i don't know now that he could find it. he could have before the capitol catastrophe but what i think he's looking for is what he will want is an opportunity to put himself back in front of people. you know, the group that he leads now is a group of violent right wing racists and nationalists. that's his core audience. you know, we saw that his poll numbers are down to under 30% today so you're really talking about narrowing that frame to what hillary in retrospect right recalled -- the word slipped out of my head. deplorables. >> do you think the -- there was an abc washington post poll the president they say 38% approval rating, i know there is other polls that say lower. i mean, what concerns me is, you

know, what happens to the country not so much what happens to donald trump and there are a lot of good, descent americans who support president trump who genuinely believe that this election was stolen from them and from the president. i don't know how we convince people that the facts show otherwise. >> i don't, either. that's why democracy will remain in parol. we've seen how vulnerable it is and trump came within an inch of destroying it, but he -- and failed but that does not mean that it doesn't continue to be under siege. what was heartening to me this afternoon was both about the present and about the future was to watch biden at his news conference talking about covid and suddenly you had science, you add facts, you had compassion, you had leadership, i think that's going to prove to

be pretty seductive for all but that percentage of people that support trump who will never leave. it is going to be a better world without him and i think for most people, i think for even a good percentage of republicans, that's going to become increasingly apparent in the weeks ahead. >> you know, i just wish he would sort of take a page from ronald reagan who finally admitted lying about i believe iran contra and saying my heart tells me this but the facts show otherwise. i just wish the president would, you know, do one dig nified act and admit he was wrong and send a message the election was completely valid. he won't do that. this is a grievance he'll have at mar-a-lago for the rest of his life and when he goes to the

dentist he'll talk about this to the dental hygiene tech. why you might call it a case of the president's own words and promises coming back to hunt him. more on that from randi kaye. >> reporter: donald trump shouldn't expect his neighbors to roll out the red carpet in palm beach, florida because some say trump's plan to make mar-a-lago his full-time residence would violate an agreement he signed decades ago. this letter sent by a palm beach county attorney to the mayor of palm beach florida offers a suggestion, palm beach has many lovely estates for sale and surely, he can find one which meets his needs. how did it come to this? trump bought mar-a-lago back in 1985 from the former estate of margry marry weather post. then in 1993, long before donald trump became president, he cut a

deal with the town of palm beach. that agreement allowed trump to con con convert mar-a-lago into a country club as long as people didn't spend a longer than agreed upon time. it limits how long club members, trump included can stay stipulating a maximum of three non-consecutive seven-day periods by any one member during the year. in other words, it seems members including donald trump are limited to 21 days a year at the club. that's trump's signature on the agreement from august 1993. given that agreement, do you think he should be able to live there full-time? >> no, he signed the agreement. he should abide by the agreement. we follow the rules. >> reporter: that same palm beach county attorney said the significant tax breaks the president received for this arrangement remain in effect as does the use agreement. just last month, the spokeswoman for the trump organization

insisted in a statement to cnn there is no document or agreement in place that prohibits president trump from using mar-a-lago as his residence. trump switched his residency from new york to florida and they see no evidence trump plans to live full-time at mar-a-lago, if and when the town does learn he does plan to reside there, it will address the matter appropriately. that could mean telling trump he cannot stay. >> they could get an order from a judge that says you cannot have somebody live full-time on the property. it is not significant at that point that he's the former president, the law still apply to the club as the property owner and the town has the right to enforce it. >> reporter: do you think that donald trump should be able to live at mar-a-lago? >> no, i don't think so.

it's a club. he should abide by the rules of the club but he doesn't like to abide by any rules, though. i'm definitely not a fan of his. >> reporter: during trump's presidency, the town didn't do much to enforce the mar-a-lago agreement. it allowed for a helepad on the property prohibited in the 1993 agreement without approval from the town counsel and despite the 21-day maximum, based on our count, last year trump visited mar-a-lago nearly 30 days. >> would not be unreasonable for them to look at it differently once president trump is no longer the sitting president. >> reporter: randi kaye, cnn, palm beach, florida. >> just ahead, the looming impeachment trial. we'll discuss the defense president trump's lawyers are expected to deliver with lawrence tribe.

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with trump's legal challenges mounting a possible criminal inquiry for trump's efforts to overturn georgia's election results there is no timing set for the trial of president trump. house speaker nancy pelosi didn't say when she'll send the article of impeachment to the senate. she said she'll do so next week supposedly. ric richard said it could begin days after the inauguration and argue remarks prior to the capitol hill rio tts were free speech se said.

they wanted dead vice president mike pence. >> mike pence is going to have to come through for us, and if he doesn't, that will be a sad day for our country because you're sworn to uphold our ounce constitution. you'll never take back our country with weakness. you have to show strength and you have to be strong. and we fight. we fight like hell and if you don't fight like hell you're not going to have a country anymore. >> that the source says the president's lawyers will argue is protected speech. another defense which some said the senate can't hold a trial for someone that left office. not so says our next guest. lawrence tribe writes the clear weight of history original understanding bolsters the case for conclulding that the end of donald trump's presidency would not end his senate trial. we're joined by professor tribes and the co-author.

thanks for being with us. in the washington post opinion piece you share several examples dating back to the founding frame work of this country for why you think there is precedent to prosecute a president after his term ends. can you just explain to us why you believe that's permissible because that is an argument a lot of republican senators are kind of pointing to which would sort of help them avoid addressing whether or not the president should be impeached. >> well, i think it's pretty clear. article one section three of the constitution says there are three things that can happen at the end of an impeachment trial. you can convict. you can remove. that's been superseded by events and you can by a majority d disqualify from future office holding. because of those three distinct things that can happen, there just is no real basis in the text of the constitution for saying that it's all over just

because he ran out the clock. besides when the contusion was written, the main example the framers use is that of a guy named hastings who had been governor general of indiana and impeached in england. the fact he was impeached a couple of years after he left office. and finally, in our own history, really corrupt, maybe not as corrupt as donald trump but really corrupt secretary of war named william bellnupt was about to be impeached and ran to the white house and said let me resign, let me resign. he resigned but it didn't help because after that, there were five articles of impeachment voted against him and the u.s. senate voted it still has jurisdiction. in this case, trump didn't even resign. he was impeached while he was president. so there is no question that the trial can go on. >> my understanding on the idea

of voting to make sure he could never hold office again that that actually would be a separate vote from the impeachment vote and that would not require a -- it would just require a simple majority, is that correct? >> that's correct. there are a couple precedents making that very clear. it a separate vote. the constitution only says that there can be no conviction of a president or of anyone in an impeachment trial without two-thirds of the sitting senators, the ones who show up in favor of it. it doesn't say anything like that with respect to the separate matter of disqualifying the person from ever holding a future office and the background rule in the contusion is majority rule except where the constitution expressly says you need a super majority. >> in your mind, is preventing

the president from ever holding office again more important than convicting him on the actual impeachment charge? >> well, i think it really the only practical thing we can do now convicting him on the impeachment charge is critical because without convicting him, which as i say, requires two-thirds of the senators, we can't get to the next stage of disqualifying him but it's disqualifying him and presenting someone tfermenting a revolutio telling them to sit back and be strong and saying things about vice president pence within 10 feet and concrete feedback within 100 feet of hanging the guy. i mean, that's not safe for this country to have someone who is so disrespectful of life and democracy that he's willing to just foment a violent insurrection against the united states government. >> cnn is reporting that the president's attorneys will likely argue or plan to argue

his words ahead of the assault on the capitol are protected speech. do you think they are? >> absolutely not. for the president of the united states, basically to say, you know, go get them. that's not prospected speech. the test, the famous decision which says you can't punish ordinary citizens from advocate si doesn't apply to the president. he goes around the country and says i want a factious state, i don't believe in democracy. here again, just speak. he stirred up this mob so even though the first amendment test doesn't really apply to the president, if it did, it would be met here anyway because the court in that case said inciting a mob is not protected and in addition to that, this is not a criminal prosecution whose purpose is punishment where the first amendment comes in. this is preventive. this is simply protecting

the first amendment is an absolute red herring, has nothing to do with the case. but i expect them to play it for all it's worth because they don't have any other cards to play. >> there is also the issue of the videos the president released and the words he spoke in the wake of the attack, saying things like, "i love you" to the rioters, telling them they're very special people. should that be used as evidence revidence, too? >> absolutely. this is the first impeachment in the history of the country where the whole world watched crimes and misdemeanors being played out on live television in realtime. besides that, it's a whole course of conduct, twisting the arm of the secretary of state of

georgia, threatening prosecution unless he found 11,800 votes, the magic number just one more in order for trump to steal the state of georgia. this undermines the free election and not just go after the capitol, the citadel of democracy, but to go after the most fundamental step we engage in in the country where we, a self-governing people, choose who governs us. he was never ready to li with t -- live with that. he always said it was illegitimate, and i have a feeling he didn't have votes of people that weren't white rich guys like him. breaking news, secretary azar resigning. we saw his letters that used the words tarnished legacy. dr. sanjay gupta joins me next.

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breaking news on another resignation from the trump administration. secretary alex azar did take swipe at president trump. he went on to say, quote, the attacks at the capitol were not

a peaceful power that he first brought to the world. it turns out at moment there are no reserve stockpiles of the vaccine left to release. his resignation was made public. he made the announcement earlier in an interview with nbc news, the opposite of what azar said a few days ago. we'll talk to dr. sanjay gupta in a moment, but here's a list of the accomplishments the white house issued. tonight, during trump's administration, nowhere did he tell people to wear a mask to slow the spread of the disease. what do you make of azar's resignation? >> anderson, resignation letters, this is when it happens. i thought it was interesting he

talked specifically about the pandemic and the success of operation warp speed, the vaccines and some of the thera therapeutics, but not a lot about the death toll and how staggeringly high it's been, especially in comparison with other countries. then there was the part you read, anderson, which was near the bottom of the letter, surprising for a house secretary to put that sort of thing in there, but i guess obviously he felt strongly over what's happened in the last week. >> he's going to stay on, i guess, until the 20th. i guess the most important thing, though, just earlier today azar said there was no stockpile of vaccines in the u.s. after the administration promised there was a stock pile. how does that happen? >> some of this may be semantics. a reserved stockpile versus held-back second doses. they may be two different things. but what's infuriating about it

is you remember the incoming administration basically said as part of their plan, they would not hold back any stockpile of doses, and that idea was sort of dismissed by current administration. and then the current administration says, you know what, we will also release the stockpile. so states understandably were expecting a surge of vaccine doses. and then it came out today, as you mentioned, that there is, in fact, no stockpile, so there is no surge of doses going to the states and many states are understandably upset. at the same time we heard from pfizer saying, we do, in fact, have second doses which we've now been told to start shipping. so bottom line, anderson, i do think there will be more doses going to these states. these are the second doses as opposed to a sort of held-back reserve stockpile. >> and now they said they can start vaccinating people 65 or older.

there aren't enough doses to expand it to all the people, so what needs to happen to expand the rollout? >> there's several things. we've seen this now because we've seen what goes wrong so far. one thing, you want to broaden the criteria, people over age 65, but you have to have these places where people can get the vaccine. people really don't know where to go get the vaccine, who to call, how this all works right now. that's got to change. some of this we heard in president-elect biden's speech, this idea of having vaccination fairs and community outreach clinics. on day one they say fema is going to start these community outreach clinics, they're going to have hundreds of them, they say. we have to have more health care workers. the simple process of having enough people pushing shots into arms, that's been a limiting step. calling on the commission corps, even asking if tired health care professionals want to come back and do this sort of work for some time. maybe the pharmacies as well, they could certainly add a lot to this effort.

collectively all the pharmacies could probably do close to 100 million doses a month. these are the sorts of things that need to happen. >> sanjay, thank you very much. appreciate it. news continues. i'll hand it over to chris for "prime time." this is the last week you may wonder what the president will do as your president. there is radio silence right now, and that's good, because we have a lot of new information, so let's get after it. trump's insurrectionists, and we have every reason to call them that, as you'll hear tonight. they may have only been seconds is way from reaching the vice president and the cabinet. they demanded to know where the vote was being counted. then a brave lone officer saves the day by luring them away.