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viewers in the united states and around the world. i'm poppy harlow in new york. it is 9:00 out west. i'm so glad you're with us. authorities across the u.s. tonight on high alert warning of further domestic threats against the government. this is all ahead of joe biden's inauguration. the fbi says there could be, quote, armed protests in washington and all 50 state capitols this week. they are really concerned about domestic extremists who refuse to recognize biden's election victory. some state capitols have been boarded up, others temporarily closed down n. washington the u.s. capitol tonight is a fortress. it is surrounded by barbed wire fences and guarded by thousands of national guard troops and law enforcement officers. shimon pork pez reports from washington. >> reporter: road blocks like this across washington, d.c. the national guard now patrolling almost every intersection across the district. this is a checkpoint. this is one of the areas where sometimes cars will come

through, the national guard will ask for i.d., will ask for credentials to allow them to come through. this is blocks from the capitol. the perimeter across the capitol, across washington, d.c., is wide. every iconic structure from the white house to all the monuments and the national mall, all fenced in. everything around there has fences. authorities here very concerned over the threat that the district faces and also the threat that much of the country is facing. shimon prokupecz, cnn, washington. >> shimon, thank you. joining me now is charles ramsey, cnn law enforcement analyst and also formally police commissioner. thank you for being with me. >> thank you. >> can you talk about what it's like to lead in a moment like this. >> well, i mean, it's nerve-wracking but it's exciting. i mean, you know, whenever you

have a major event take place and of course i was part of the planning for two presidential inaugurations, nothing like this, however. but i remember in 2000 because of the bush/gore election being controversial, knowing we see we had protesters that would be lining pennsylvania avenue, it was a challenge. but again, it's nothing like what you're seeing today. >> right. i know. it's unprecedented on so many levels. we've learned a lot since the deadly insurrection on the capitol, including "the washington post" reporting yesterday that before that attack there was an internal capitol police intelligence report that warned this angry mob could attack the capitol itself, and a day before the insurrection there was the fbi outpost in virginia that issued an internal warning about extremists coming to washington. and i know hindsight is 20/20,

but how do those things we learned about areas where there was a collapse in response, how do they inform how they're planning now? >> well, first of all, there were multiple points of failure on the 6th of january and the days leading up to the 6th of january, that's clear. the only way we're going to get a complete picture of who knew what when is if there's a body that's established that will go through everything that they can possibly go through, you know, documents, interviews, and so forth. and i would recommend it be a body that can put people under oath in order to find out exactly what happened so that it's not repeated. normally intelligence-sharing is something that's key, and i was really shocked and surprised that it didn't happen, apparently, in this instance. there were too many gaps. i've been part of those

conversations, and usually the intel flows pretty freely between the different agencies. so everybody is prepared and knows what to expect. >> one of what seems like the most challenging parts of this for law enforcement officers and national guard, et cetera, is, you know, a lot of these folks are first-timers. a lot of those, you know, that charged the capitol, they were not known criminals or foreign terrorists or on watch lists, right? they were supporters of the president who believed his lies. so how do you prepare for that, right? if they're not posting stuff that gets flagged on social media, how do you protect against a deranged, disgruntled voter who otherwise has a superclean record? >> it's a challenge. some of the people that showed up were just there to kind of peacefully demonstrate, exercise their first amendment. but you had others that came there with intent of causing

violence and even trying to overrun the capitol, which they were successful in doing. so you've got a mix of people here. there's no one group. there's no one ideology. i mean, it's very complicated, and that poses a huge challenge for law enforcement. some of this stuff you could pick up in chatter online, social media, and so forth. then you have the lone wolf, the individuals there on their own, not part of any group or ideology. they're really there to just cause problems. so yeah, it's a huge challenge, and it's not going to go away on january 20th. >> no question. what do you think people are not talking about enough that they should be now on the security front in the next 72 hours? >> well, what they caught object doing now is clearly sharing information. i mean, i think -- at least i hope we learned our lesson after january 6th. i mean, intelligence is only

good if it's shared so it becomes actionable so you can do something with the information. it does no good for capitol police to have information, not share it, fbi have information, not share it. the right people need to know exactly what's going on so you can plan for it. obviously that didn't happen a couple weeks ago. >> commissioner ramsey, thank you very much for staying up late and being with us tonight . a very important week ahead. >> that's quite all right. thank you. with the nation on high alert, president trump has so far spent the weekend inside the white house , no public events listed on his schedule. but the vice president mike pence has been pretty busy filling that public void. on saturday he toured the trump administration's nationalization -- touted the trump administration's nationalization platform and then tomorrow he will travel to new york where he will address

troops at fort drum. on saturday president-elect joe biden announced more key nominees. he introduced four members of his white house science team. we're also learning more about his plans to immediately issue executive orders to roll back some of president trump's policies. we have the details from wilmington, delaware. >> reporter: president-elect joe biden is readying dozens of executive actions to sign once he takes office january 20th. many of these executive actions he outlined during his presidential campaign and on the first day alone he plans to sign roughly a dozen executive action, some of them undoing policies from the trump administration. one of those executive actions biden will sign will rescind the travel ban on travelers from majority-muslim countries. that's something president trump unveiled early on in his administration that biden plans to undo. the president-elect is also planning to rejoin the paris

climate agreement, something that was negotiated during the obama/biden years, but president trump pulled out of. there are some items relating to the pandemic. biden will be halting foreclosures and evictions, as well as keeping that pause on payments for student loans and interest. and the president-elect will also be issuing what they are calling a 100-day masking challenge, trying to get people across the country to wear masks. while biden doesn't have the authority to mandate masks everywhere, he can do it in federal buildings and interstate travel. now, these executive actions, which will be rolled out over the coming weeks, are also joining biden's legislative priorities. he will be sending an immigration bill to congress in his first 100 days, and he's also unveiled a $1.9 trillion covid stimulus relief package, something he's hoping congress can get to right away. but what the president-elect is making clear with these executive actions is he's

looking to hit the ground running january 20th. cnn, wilmington, delaware. >> joining me is congressman lou correa from the state of california, member of the house judiciary committee and the homeland security committee. good evening, or good morning here in new york. >> good evening. >> thank you so much for being with us. >> thank you for having me. >> i'm all right. but how are you? i mean, we just learned today that you tested positive for covid. this is even after you got your first covid vaccine shot. are you doing okay? >> well, let me tell you that we left 2020 saying good riddance. i know 2021 is going to be much better. wednesday we had -- i was part of the folks being trapped in the capitol. thursday morning i got accosted by trump supporters at the airport, and two days ago i found out i'm covid-19. so we're off to a roaring 2021. >> should we restart, have a do-over? >> i think it could have all

been worse. i mean, look at the glass half full because that attack on the capitol was sad because it was americans on americans. that's a sad testament to our history. yet at the same time it could have been so much worse. those guards at the capitol have m16 rifles with a lot of bullets. we could have easily had a massacre of americans, and i'm glad that didn't happen. i think it's a sad chapter, but it could have been a whole lot worse. and of course, my covid-19 situation, i was lucky to have a vaccination early, the pfizer vaccine and the second booster. so now i know i have covid because i'm getting tested regularly, otherwise i don't have symptoms. >> good. let's hope it stays that way. you mentioned the airport and thursday after you were up all night certifying the election, going to the airport, you get accosted at the airport.

for anyone who hasn't seen that video, let's roll it so that they can see what happened to you. because not only did you get stopped and heckled, let's listen to what people were saying to you. >> [ bleep ]. >> yeah? >> yeah. >> who voted for you? >> a lot of people, 70% of people in my district. >> did you use dominion? >> good for you. you didn't back away. you said a lot of people voted for me. but the fact that that happened -- it went on for a long time. the fact that that happened in america and i just wonder what it tells you about where the country is now. >> it tells us what we've known for a while, which is this country is deeply divided. we are split right down the middle. 70 million people voted for president trump. many more voted for biden.

but it's time to put that division aside and work together. if there's a silver lining to what happened at the capitol that wednesday night when we were counting the electoral college ballots, it's that democrats and republicans that were trapped in that house of representatives looked at each other and said enough is enough, we've got to work together. but that's just the start because president joe biden, the members of congress working together, that message has to penetrate all the way down to the local person on main street who knows that we've got their back. and that's the big job that we have moving forward. those people at the airport that attacked me, i don't even know what their issues are. even sadder than that, they didn't even know who i was and one of them asked me, are you a democrat or are you a republican

halfway through the melee. that tells me there's a lot of anger there and god knows why. >> can i ask what you think, you know, not only do we need unity and healing in the country, but you guys need it in congress and we rely on you to have it to get things done and to do, you know, the work of the country. seven house members from your state, from california, even after the deadly insurrection on the capitol still voted against certifying the election results, even after that mob stormed the capitol. i just wonder what you think should happen to them. expulsion or let the voters decide? >> i think you let the voters decide because they're accountable to their voters. i am accountable to my voters. now, with that being said, four years ago when we were certifying president trump, i was there. and i voted for that certification because i believe in our constitution and our rule

of law. and when i look at what happened on wednesday, a lot of that was motivated by president trump. he was out there in the capitol saying we got to fight, we can't let them do this, we can't let them roll us over. and just his message of getting people angry, having them go and storm the capitol, i think that was a lot of the problem. and i'm hoping moving forward that now with president trump kind of taking a side position -- i don't think he's going anywhere. i think he's going to continue to be there as a voice. but we in congress begin to focus. i'm proud to say i'm a member of a couple groups in congress, we're democrats and republicans, members of congress and senators all working together trying to understand each other and to advance good policy for all americans. and that's what we have to do is to remember that we are americans and we're stronger

together than we are divided. >> we are the united states of america. >> the united states of america. and we've been like this for a long time and we've done some beautiful things in the world. we're a great country, strong economy, a lot of freedoms, great constitution. we've got to remember what we have and work to keep it. >> a republic if you can keep it, smart man said that once. >> a republic if you can keep it and wednesday night we came close to losing it because when you have a president that says go stop that count, and he says vice president pence can stop it, knowing full well that that is not true. but, you know, upping that score and having people invading that capitol and looking to arrest some of us? it's unacceptable. that's what you do in a banana republic. >> yeah, not here.

congressman lou correa, thank you. we're glad you're doing okay. stay well. >> thank you very much. thank you very much for having me. >> these are the final days of the trump presidency, but a senate trial is looming for the impeached president. the impact of this we don't even know yet because it's never happened for an ex-president. what's still to come ahead. nationwide. rst g and now that sprint is a part of t-mobile we're turning up the speed. upgrading over a thousand towers a month with ultra capacity 5g. to bring speeds as fast as wifi to cities and towns across america. and we're adding more every week. coverage and speed. who says you can't have it all?

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some would like to see the last of donald trump after joe biden is inaugurated. that will not happen. the senate is going to move forward with a trial. the question is when they're going to do it. when will they hold a trial of

the impeached president? we don't exactly know when the proceedings will start, and democrats are still trying to figure out when to deliver the articles of impeachment to the senate. the senate will need to balance a trial and confirming all of joe biden's nominees to major, major positions. meantime, sources tell cnn president trump in urgent discussions about potentially pardoning himself, maybe his children against what could be criminal prosecutions ahead in connection also with violence at the capitol. let's go to my colleague cnn legal analyst elie honig. any state charges from the southern district, he can't pardon himself against. but thanks for being with me tonight. >> thanks, poppy. >> let's start there with the pardons. if we see a slew of more pardons for the president's allies, that's one thing. but what about the extent to

which he could possibly issue a mass pardon of those who stormed the capitol with violence? can he do that? >> he can, poppy. look, the president can pardon essentially anybody for any federal crime. my former office, the southern district of new york, actually is a federal criminal office. it's part of the justice department. but there's the manhattan district attorney -- >> and those state charges he's not protecting against. >> right exactly. that's the important point here. any charges that may be coming out of the manhattan d.a., out of georgia, we know the georgia district attorney is looking at the president's effort to interfere with the election results in georgia. those are not covered by a presidential pardon. the other thing is the president has to be aware that he's looking at an impeachment trial after january 20th. i'm sure he does not want to be the first president in our history to be convicted. if he goes on a pardon bender these next few days and really abuses that power, that could influence the way senators are thinking about voting for him. >> that's a good point.

can i ask you this? it might sound like a stupid question. but why wouldn't he pardon himself? why wouldn't he protect himself? >> if it's all about self-interest and self-protection and much of president trump's term has been about that and that only, might as well go for it. the reason not to do it is, a, to avoid the really historic stain on his legacy, to avoid becoming the first president ever to issue a self-pardon. also, look, it may incentivize state-level prosecutors. the impetus will go to the states. you may be focusing barrel by issuing a self-pardon. >> the reporting we have is that the president's lawyers in a senate trial, the argument to protect him will be a first amendment argument of protected speech. but with republican senator pat toomey saying on this network a

week ago to jake tapper saying, look, the president could face criminal liability for the comments on the 6th before the riot riot, is that his only defense? how protected are you by the first amendment? we all know you can't say anything you want. >> the first amendment very broadly protects speech. the test under criminal law is whether the speech was consigned designed or likely to incite imminent action. the president stood on the ellipse and said we're going to walk down pennsylvania avenue to the capitol and fight like hell. that's imminent. i don't think there's much question about that. the question is, were his words designed or likely to provoke criminality? people can argue back and forth about what he said, was he trying to send signals between the lines. but look what he did afterwards. afterwards he praised those rioters in tweets and several of

the rioters said they did it because they thought the president was telling them to. but again, that's the strict criminal standard. you don't need a crime in order to impeach. so there are two separate things, but the first amendment will come into play for both for sure. >> thank you for staying up late. glad you're with us. >> thanks, poppy. coming up, president trump's presidency has grabbed the world's attention for not only the last four years, but the whole time he was running for office. now he's almost out of office. u.s. allies still nervous about what is to come. we should talk about the u.s. position in the world ahead. that's next. wicked smart. so we built an education just as smart. so smart it can work at my speed? yep. with flexpath, you can finish youour bachelors degre on your terms and budget. capella a university. don't just learn. learn smarter.

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welcome back to our viewers in the united states and around the world. i'm poppy harlow. thank you for joining us. u.s. authorities are warning of further threats against the government in the days leading up to joe biden's inauguration this week. the fbi says there may be armed protests in all 50 state capitols and they are particularly concerned about domestic extremists who refuse to recognize biden's election victory. the security in washington has been incredibly ramped up. the u.s. capitol is now a virtual fortress with barbed wire fences and thousands of law enforcement officers and national guard troops around the clock. the u.s. political situation

also under a global microscope. violent insurrection, a second impeachment of the president and upcoming inauguration unlike one ever before. there is a lot going on in the united states right now, and our allies and adversaries are watching it all closely. i'm so happy to bring in my friend and colleague, will ripley, who joins me from hong kong. you have such a unique perspective because you were just in california over the holidays. you are back now in hong kong. so you are seeing how the world is viewing the united states. and i thought it was like interesting that you noted stabilizing and rebuilding american democracy is critical to salvaging our soft power and influence abroad. >> reporter: hi, poppy. i lived abroad for almost eight years now, and i've seen firsthand the importance of the united states all over the world. but the reality is, especially for u.s. allies in the eu, the g-7 nations, these are really, really difficult things to watch. the scenes in washington of the

insurrection, the militarization of the u.s. capitol, those are the things world leaders expect to see in venezuela or belarus, not washington. i was chatting with a foreign diplomat who said america used to be the signing example of democracy. now it's the example of what not to do. it's considered to be the most dysfunctional, the most divided. this is a problem because when it comes to brand america and the soft power that comes with that, something that the united states has relied on since world war ii, it's in trouble. it's really eroded over the last four years. >> people around the world are saying to dictators and authoritarian leaders don't do that, don't say that, don't lie to your people like that. and look what has happened in this country. i'm interested, will, in the media in particular, in china and how it is covering the developments, for example, the president's ban on twitter. >> reporter: funny you mentioned that because here in hong kong,

for example, remember the pro-democracy protests that consumed this city that the united states praised. they praised the pro-democracy movement. well, once you saw similar images, obviously complete polar opposes in terms of ideology. but when you had people storming the u.s. capitol, beijing and chinese state media immediately jumped on that and called the united states hypocritical. you also have the issue of the twitter and facebook ban to private companies that under the first amendment are allowed to ban anyone they want. they banned president trump. but in china they're saying, see? that's an example that our government-imposed censorship is the same as the united states. this is a propaganda win, especially for china. >> you have institutions like the u.n., like nato, and article 5 that has protected this country after 9/11 that have taken a beating under the trump

administration. i wonder how that in your view impacts the incoming biden administration. it doesn't just flip the switch on the 21st. >> reporter: certainly america's traditional allies are going to, you know, welcome president biden, but the fact that the u.s. has essentially scaled back military commitments around the world without offering much in terms of a diplomatic solution. arms control agreements going back to the cold war, like, open skies, the inf treaty, they're crumbling. you have the iran nuclear deal the u.s. pulled out of. the paris agreement on climate change that president trump pulled out of. basically president biden has to go in and try to patch back together decades of diplomacy that basically fell apart under president trump. >> it's sort of like a band-aid. the cut's still there. it takes a while to heal for sure. before you go, you're in hong kong and i'm just interested because china's post-covid-19 economy is rebounding. the u.s. vaccine rollout is

sputtering to say the least. the caseload, the deaths are exploding in the united states. it seems like president xi in china is using this as a moment to tout what he views as a superior system. >> he absolutely is. and i have to tell you, as somebody who just traveled a few days ago from los angeles, which is one of the covid hot spots in the u.s. right now, when i arrived in the u.s., there was no mandatory covid test, no enforcement of the two-week quarantine. it was suggested, but nobody ever calls or checks up on you. compare that to when i came back to hong kong. i had to stay for 21 days in a hotel room wearing an electronic wristband to make sure that i don't even leave this room. there's nobody allowed to have contact. they knock on the door and leave your meals. it's kind of like being under house arrest. and hong kong has daily case numbers maybe in the dozens. a tiny fraction compared to any state in the united states,

poppy. and so what president xi is saying, look, their case numbers are small, once you get out of quarantine in hong kong, it feels relatively normal. things are restricted, but not to the level, not to the damage economically of what we're seeing in the states. >> okay, will. well, enjoy 21 days in that room. i know you're going to make it. i would take one day in a nice hotel. but we're glad you can report from there. it's essential. thank you very much for being with us tonight on all of that. the riot at the capitol, the insurrection at the capitol is, of course, not the only far-right wing radical attack we've seen during the trump administration. the former mayor of charlottesville, virginia, will join us. he was mayor in 2017 and he has warnings for officials now. (burke) every year you're with us, you get fifty dollars toward your

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that i found through ancestry. i discovered my great aunt ruth signed up as a nursing cadet for world war ii. you see this scanned-in, handwritten document. the most striking detail is her age. she was only 17. knowing that she saw this thing happening and was brave enough to get involved and do something— that was eye opening. bring your family history to life like never before. get started for free at ancestry.com

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to kidnap michigan's governor, those two recent incidences of a violent movement that's been growing on u.s. soil for years. according to current and former counterterror officials, the threat rivals that from international terrorism. >> there is no debate the facts show that right-wing extremists have killed more people since 9/11 than any other political ideology, that includes jihadi terrorists. >> reporter: since 9/11114 people have been killed by far-right-wing terrorists in the united states. 107 by jihadest terrorists. right-wing attacks are increasingly outpacing jihadi terrorism, responsible for two-thirds after attacks and plots in the u.s. in 2019 and more than 90% between january 1st and may 8th, 2020. attacks and plots by such groups have now occurred in 42 states and the district of columbia in the past six years.

fueling right-wing extremists righteous conspiracies propagated by the president of a system against them and two essential ingredients. >> the first is a leader who tells them what to do, who tells them how to feel, who makes them believe that they are part of something bigger, that this is a mission. the other is a network, whether it's social media or platform or ways of communication that lets them essentially talk amongst themselves, get organized. >> reporter: the growing degree of organization particularly alarms u.s. officials. investigators are pursuing signs the assault on the capitol was planned and not spontaneous, including knowledge of the capitol's layout, radio communications among leaders, and planting of explosive devices to divert law enforcement. the worry now is that the targets could expand along with the planning from the u.s. capitol to all 50 state

capitols, to so-called soft targets, mirroring those attacked by jihadi terrorists. >> infrastructure, hitting soft targets, the disruption of services, those are the sorts of things that every systemically important infrastructure owner/operator/ceos needs to be assembling their crisis management teams yesterday. >> reporter: the justice department has been warning about right-wing extremist for years, and the dhs identifies it as the most persistent threat in the homeland. political appointees in the administration downplayed it. >> certainly what the president said at charlottesville after the charlottesville terrorist attack, and he continues to some degree. >> reporter: downplaying the threat and even echoing extremist rhetoric. >> our country will be destroyed and we're not going to stand for that. >> reporter: that has had

consequences. >> the failure to identify it, to name it, and to focus resources on the growing threat of white supremacy terrorism has meant that agencies have not focused on it in the way that they should. >> reporter: january 6th laid that vulnerability bare. despite weeks of chatter online, u.s. authorities were not prepared for a deadly assault in the heart of the u.s. capitol. >> such important reporting from jim sciutto there. the ending up authorized up to 20,000 national guard to be on guard in washington for the inauguration. that means more u.s. troops in our nation's capitol than in afghanistan, iraq, and syria combined. the insurrection at the capitol also brings back those haunting memories of violence in charlottesville, virginia, right-wing groups coming together for a violent unite the right rally in 2017. of course you know one person

killed, heather higher, more than a dozen seriously injured. and remember the president's comments after that. >> they showed up in shafrmts to protest the -- >> excuse me. you had some very bad people in that group. but you also had people that were very fine people on both sides. >> both sides. joining me now is former mayor of charlottesville, michael si signer. it's hard to hear that. "u" a really important essay in "time" magazine titled "d.c. officials ignored the lessons we learned in charlottesville." yes, it certainly is under siege right now. i wonder given what you lead

charlottesville through, what you thought about the insurrection on the 6th. >> i think -- i mean, on top of my outrage and my fear and my loathing, there was this kind of haunting feeling of familiarity. what we saw in 2015 in charlottesville was the prologue for what happened here. and i think most tragically -- and i think criminally -- it was the prologue for lessons that should've been learned, that were shared that is administration knew and that they ignored, they failed to apply. and donald trump himself specifically failed to apply them. that's where i think the greatest accountability needs to lie. >> so given that, i mean, you learned about the tragedy that can come -- and you learned the hard way from having multiple jurisdictions not communicating enough, not understanding enough. and it seems lining that's where a lot of the failure was in

washington, d.c., last week. the fact that we're on the potential brink of another violent week, let's pray not, but there are warnings from the fbi that it could be. i guess what is your advice to those mayors across the country in the 50 capitol cities? >> well, there are three very specific takeaways from charlottesville. charlottesville was a small city of 50,000 that was under siege from the housands. they invaded the city to push this white nationalist agenda. and there was -- the police kind of effectively failed to stop street fighting that happened. there was a weaponization of a car where heather higher was killed. you have to scour the entire internet for details about planning, including what's called the dark web or the deep

web. and they didn't do that in d.c. there was planning on these sites like 8-kun where there were very specific mentions about the plan to occupy the capitol and to assassinate political leaders. the second was you have to create a security plan that will provide a stadium or a boundary where there's fixed points of exit and entry and separation. and you have to rehearse with all the different players. they didn't do that either. in d.c. the fact is it's a federal protectorate and the president of the united states whose base is the governor of d.c. that's one reason why wthe national guard didn't show up and stop the events once they were under way, which is equally as criminal as incitement. >> just as the stop the steal rally was a well-planned and publicized event ahead of time, so was the unite the right in

charlottesville. but you tried to deny those protesters in 2017 a permit or even move it to a different part of town. at the last minute, the aclu sued on first amendment grounds, federal judge ruled against you. you're a lawyer. what do you make of the freedom of speech argument being used in d.c. here, by the president, there are limits to it. >> exactly. this is, i think, one of the most crucial areas of learning that came out of the charlottesville. it was interesting. the first amendment as it exists in the constitution is fixed. but the interpretation of the first amendment by courts and by lawyers and by legislators has changed over time. in charlottesville, our hands were really tied by a very ancient conservative absolutist interpretation called the

credible threat standard where the only thing that can let you relocate or cancel a rally that's violent is if the planners trip up and they slip up and they use the words "i'm planning an imminent terrorist act" and if they're creative enough and they say i'm only going to bash somebody's head in if they attack me, they get off scot-free. that's why we lost that federal court case. the fact is the courts are changing the test as we speak, i believe, and judges are pragmatic. the law has to evolve to deal with today's incendiary environment and creative incitement, like you're seeing from people like donald trump. >> i hear that. i also hear as a journalist critics say it's a slippery slope and you can go too far in restricting free speech, one of those beauties of this country, right? and so i just wonder how you strike a balance because you're certainly hearing many conservatives very upset now to

see platforms like parler taken off line essentially, even though there was so much violence promoted on that platform that they refused to take it down for weeks. i wonder how you think about the >> it's exactly what you said, it's a balancing act. i think the most important thing not about the first amendment just as written on paper but as interpreted by judges, legislators, leaders. don't let anybody lie to you. don't let anybody paint it in cartoonish terms that's not true. for instance, private companies like parler, twitter, facebook, are not subject to the first amendment in this country, that's one of the reasons we have private companies, they're not government-run companies like the social media companies in china, for instance. it's a balancing act, like you said. judges have to balance what is happening in the world around

them. what we're seeing now is a level of insurrection and incitement and pure taken to the state as it is. that's what donald trump and his forces sought to do. we saw it in charlottesville where there was an invasion of the city to stop a fairly progressive city in the south from relocating a confederate monument. just now there was an invasion to stop the congress from certifying joe biden. so these are facts and they're going to have to weigh the public safety against the free speech. it's always a balancing act. and judges have to be pragmatic. and there's a different balance to be struck i think right now looking at what we just saw. >> well, this has been really enlightening. i hope those folks in charge are listening to your words, given what you've lived in charlottesville, thank you very much.

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the numbers are staggering and devastating. soon 400,000 americans will have lost their lives to coronavirus. 400,000. that is the most anywhere in the world. those numbers from johns hopkins university tonight.

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it is the top of the hour. thank you so much for being with me. i'm poppy harlow in new york and this is our continuing special live coverage ahead of the inauguration of joe biden. normally this would be a time when the united states of america, the beacon of democracy around the world, comes together and looks toward the future and exercises what so many nations can only dream of, and that is a peaceful transfer of power. that will, indeed, happen, thank goodness. but now, three days until the inauguration of joe biden, the u.s. capitol is really a virtual fortress tonight with barbed wire fences and thousands of law enforcement officers surrounding it. the pentagon says up to 25,000 national guard troops have been authorized to secure the area around the capitol