tv Smerconish CNN January 23, 2021 6:00am-7:00am PST
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in someone's house. and he said why are you calling me? because i'm a big fan. larry was not just a great questioner, k er not in the stya tim russert or even mere where you are pushing somebodyic but he was a story teller and that ispoliticians. >> and so again, a huge loss not just for our industry, but for our world. our country. and he was the intersection of so many elements of our daily "life" s lives. thank you so much for continuing the conversation and our coverage continues now of the loss of larry king with michael smer smerconish.
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trump's gone, but waves remain in his wake. i'm michael smerconish in philadelphia. president biden said that to restore the soul of america requires unity, but that might have to wait while some of the issues surrounding his predecessor are sorted out. and not all have easy answers. first the pending impeachment of president trump. yesterday we learned that the article of the impeachment will be sent to the senate monday. and the trial begins february 9. and there is also a question of whether those senators who supported trump's challenge of the electoral college ren ry reprimanded. several want an investigation into the conduct of the january
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6 events. the letter raise the the possibility of expulsion. here is an indication of how complex the trump after math can be. and there is blowback in the house. according to a review by the washington host, the 147 house members who oppose certificate i certification of the vote face the loss of their dough donors. two 20 of the firms said that they pledge to suspend some or all payments to their pacs. and one of those members has been removed from an advisory committee at the institute of politics at the harvard kennedy school for what the dean said was her, quote, public assertions about voter fraud
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that have no basis in evidence. and another ripple effect. trump may lose membership in the screen actors guild. trump's credits include at pre prep prentiss and several cameos. but they say that the role in the riot may describe late terms for membership and he could be expelled. this as rudy giuliani himself is being investigated by the new york bar association. meanwhile "washington post" coal lunlg nis max boot adds to the list another actor, boot calls on large cable companies such as comcast and charter spectrum to kick fox you news off their platforms. and shopify has removed sites affiliated with trump.
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and some retailers are singling out the hmy pillow guy, photographed with notes that seems to refer to martial law. several retailers dropping my pillow you including jcpenney and bethd bath & beyond. and the guy captured on video hitting police with a hockey stick faces five federal charges. but what about knows who attended the trump rally and didn't break the law? many employers across the country dealing with this issue. ohio's journal news reporting that the reverend mark hodges has been suspended for three months for attending the rally. the priest maintains he did not go inside the capitol. and kshb reports that member of the police department attend the rally but didn't go inside the capitol. the mayor said the officer did
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nothing unethical in exercising his constitutional rights but stressed any members found to have broken the law shouldn't remain on the force. and also a report that several from the south the eastern pennsylvania authority attended the rally. but no indication that they were involved in the breach, but one will be resumed for violating the social media policies. and then there is jason moorhead. the allentown pennsylvania school district has temporarily suspended the teacher with spay a pay and benefiting while they investigate his actions. there is a screen shot that he posted with the words doing my civic duty while carrying the revolutionary war flag. and he also shared a post on his facebook page where one else said don't worry everyone, the capitol is ensured. which some enter receipt as a mocking of "black lives matter"
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and or antifa. and moorhead added, quote, this. and the school district superintendent wrote the school district was made aware of a staff member involved in the electoral college protests that took place at the united states capitol building on january 6, 2021. and we understand that many members of our community are upset by the image at the same time the district has an obligation to respect the first amendment rights. because of the emotion and controversy stirred, the teacher has been temporarily relieved of his teaching duties until the school district can complete a formal investigation of his involvement. moorhead is here. and will join me in a moment with his lawyer. but this trend raises an important question with long ranging implications. should people face consequences for appearing at president trump's january 6 rally even if they have didn't storm the capitol? that is today's survey question.
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go to smerconish.com and cast your sdroet. joining me now is teacher jason moorhead and along with his lawyer. thanks so much for being here. i read a part of that release from the school district which makes reference too the electoral college protest that took place at the united states capit capitol building. how close did you get to the capitol? >> thank you for having me. i was no closer than a mile and a quarter to the capitol building. i was in the vicinity of the washington monument the entire time. >> and what were you doing there? >> watching the event, listening for the speakers, trying to hear from the president and 45er what he had to say. >> and did you break any laws while you were there? >> no. period. i was there just observing
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firsthand to be a witness to an historic day and never was anywhere within a mile of the riot that happened. which i didn't know about until much later. we walked around the washington m monument, ate a hot dog and went back to the bus. >> and i looked social media posting. you are carrying the flag. and additionally someone else posts in social media don't worry everyone, the capitol is in-shushed to which you add -- what were you seeking to convey? >> i want to be clear. i was not mocking blm or antifa. i was trying to highlight what i believe is the double standard that often exists in the media when they are looking at two different events from two
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different political groups. >> this has caused a lot of social media reaction, much of it negative directed toward you. one example, someone posts, this was not a protest, it was in fact domestic terrorism. he should have never been there to begin with. being a part of a heavily minority based teaching program sporting a makga hat is not oka. and there is more to it, but what is your reaction to those critics? >> for me, simply being at a plac place with thousands, having an opportunity to listen to the president and forming my own opinion is my civic duty. i definite will have conservative values and beliefs, but they have never taken part in what i do in the classroom. i've always encouraged my students to be critical thinkers and form their own opinions.
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>> and if i may follow, the school district without asking this teacher's position, a teacher who ha17 years of impeccable performance, without asking his position as to where he was and then blasting him with a press statement that said that he was at the capitol building protest, it is absolutely false. it implies that he was violently protesting and not part of a peaceful event which he was part of. and to never correct that statement after they learned that he was nowhere near the capitol building protest but over a mile away is defamatory and has destroyed his life. you know, we talk about diversity of people, but we've forgotten diversity of speech and thought. there needs to be critical thinking that can only happen if the two sides will representative. and you doesn't endorse one movement to the exclusion of the
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other. and so we'll fight for this teacher who for 17 years gave his life to helping others. >> jason, you've not been fired as i understand it. what is your status? >> i am suspended with pay while they continue their investigation. it has been over 2 1/2 weeks. they should be aware i was never near that building. never part of anything illegal or violent. and i'm currently waiting for them to do the right thing, to reinstate me and ideally offer a full apology absolving me of any wrongdoing because my character has been destroyed. >> can he be fired for having been there? >> absolutely not. the first amendment which is the greatest amendment that this country has protects freedom of speech and assembly, protects the ability to disagree with your government. if you can appreciate the blm protests that occurred throughout the summer, so too
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must you appreciate a conservative protest that was peaceful. we're not condoning viole olenc protests. we're talking about a person would witnessed events at the washington monument whnowhere nr the capitol building. and there is no way that they could fire him for his attendance of this event. and they need to do the right thing, put him back into the position he was and offer a full apology. and we still have not heard from the school district. >> jason, quick final question. what would you say to people who are watching this and say okay, but nevertheless this was an insurrection and you attended it? >> i was not near any part of the violence that occurred at that building. i went down there to learn and observe, gain knowledge. i've been bullied and i don't
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want my family, my co-workers, my students to feel like they can't defend their first amendment protections. >> gentlemen, thank you both. we'll follow 24 this case. >> thank you. what are your thoughts? from facebook, good for the school district, he is still being paid. so what is the problem as they ensure that he is not a radical right wing extremist. you say good foot school distr -- for the school district and what is the problem, but he is being treated as if he is the same as though who breached the k57capi and involved in violent acts. and he says i had a sign and was protesting as is my lawful right. there will be an interesting survey result. the easy question, what do you
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do with a guy with the hockey stick, you throw the book at him. but what about people who were there not involved in any violence acting lawfully? should people face consequences for appearing at president trump's rally even if they didn't storm the capitol? that is today's question. up ahead, donald trump's second impeachment in the senate scheduled to begin the week of february 8. what happens next? i'll talk to one of the lawyers from impeachment one and one of the president's lawyers who brought the fraud claims to company scotus. and plus a number of lower risk americans have already gotten their covid vaccines while many at higher risk can't get appointments. should people just get inoc inoculated? and you probably know the sad news this morning for the entire cnn family. larry king has passed away at
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will start february 9. so how will it go? joining me now to discuss, lawyers from both sides of the aisle, daniel gold man and john h east man. g goldman was in the first peechlt a impeachment. and john eastman appeared at the rally on january 6 before the riot and represented the president in a failed lawsuit requesting the supreme court block four states from certifying biden's victory. mr. ooeastman, will you be representing donald trump? >> no,s , under the code, when witness, you can't be an advocate. so i stayed out of that mix. but i do think that the president is going so have yes capable representation. and this should be a relatively
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easy impeachment triral. i don't think that the senate has jurisdiction that he is no longer in office. >> so your view along with others because the constitution speaks of removal, it implies to incu incumbents. >> exactly. and this is the former president of the united states which i think really highlights that what they are doing is trying to impeach a private citizen. the chief justice should not preside because it is no longer the president. but of course that goes the article 2 language that talks about impeachment power is for removal of officers. he is no longer an officer of the united states. >> i get it. lawrence tribe feels diff differently. but i have a different focus with you. i'm eager to ask you this question. you spoke at the rally on january 6. when you spoke at the rally, did
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you or any of the other speakers know that attendees were going to b to breach the capitol? >> complete challenge your assumption there. the half million people that were on the elipse as attendees to the rally were not part of incursion that had already gun begun at the capitol. we've now learned that you -- >> you and i both noeknow that is just walking distance in about 15 minutes time. i don't know how you can say that the people there were there didn't go in the other direction. >> show me any evidence you have of people that were at the rally being part of the incursion into the capitol. >> how the hell would we ever know? >> that's right. you're making an assumption that you don't know. >> no, i'm asking a question.
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no, mr. east democrman, i'm loo forward to this brief conversation. but my question stands. did you know that anybody -- how about this, anyone widely defined was going to breach the capitol that day? >> of course not. of course not. what we've learned from the "washington post" just two days ago is that there was a paramilitary group as well as antifa groups that were organizes that three or four days ahead of time. we had no nlknowledge of that. >> is there a single individual from antifa who has been arrested? >> yes, antifa and blm guy arrested. we have pictures of guys at rallies all last summer that were there. >> we're not talking about last summer. >> you asked me whether i had evidence of an tina guys and i said that we have picture of guys at rally last summer that -- >> my question was who has
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been -- >> and he was arrested. >> i don't want to be contentious, i'd rather learn from you. >> i know, but you -- >> rudy giuliani spoke of trial by combat. the president said that question will stop the steal, we'll walk down pennsylvania avenue, we're going to the capitol. you will never take back our country with weakness. and they said up this, roll the tape. >> we know longer live in a self governing republic if we can't get the absennswer to this ques, this is bigger than president trump, it is the very essence of our republican form of govern. and anybody not willing to stand up to do it does not deserve to be in the office. it is that simple. >> what responsibility are you prepared to take for those words as being incitement to that crowd? >> you know, you don't even get in incitement. the standard by the supreme
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court is not remotely close to what i said. and let's put that statement in context. we're talking about asking the vice president to delay the proceedings enough to exceed the requests from hundreds of state legislators who had notified him that their electoral votes had been certified in violation of state law and to give those legislators a few days now that they were back in session to review the illegality that occurred and determine whether it had an effect on the election. the issue is whether state election officials could violate state law with impunity and have no consequences and have no -- >> no, that is not-of 9 rolled of. [ everybody talking at once ] . >> the roll of the congress was to tabulate the votes. the time had passed for challenge. i have odd question for you. >> hang on. >> you brought up mike pence -- >> that is not through and i'll
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give you a hypothetical. let's suppose one of the democrat governors in a state that trump clearly won, say north carolina or kansas, had certified the biden electors instead and sent them to congress. is congress just a potted plant and accept those feraud eelectrc tours? >> that didn't happen. >> no, that is the issue -- >> the ability already passed. i need to ask you a very important question. you just referenced vice president pence. and you said at the rally, quote, this is bigger than president trump, you said anybody that is not willing to stand up to do it does not deserve to be in the office, it is that simple. we can agree that you were talking about mike pence, right? >> yes, i was talking about mike pence. the question is what -- >> isso here is what followed. >> hang on a second. hang on -- >> after you said that, i'll
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roll video and then you can respond. roll the video of what followed. >> hang mike pence, hang mike pence! >> you don't see any causal connection between your words and the hang mike pence chants that followed? >> that was two miles away. you know, to make that causal connection, you have to show that any of those people had anything to do with hearing my at the same time two miles away. but i won't let you get away with taking that out of context. what was it i said immediately before that statement? it was that pence had been asked by legislatures to delay the proceedings to they could determine whether the electors stand. that is what werm talking about. stont do take it out of context to make it appear as i was saying something that i was into the. >> do you think that the point you've just made
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grasped by the individuals who stormed the skap? >> the people who stormed the capitol were not in ear shot of what i said. yes, it was grasped by the half million people on the mall. i simply said what we're demanding is that the vice president delay the proceedings enough to allow them time to review whether their certificates of electors were i will legally cast. that is all. and to take it out of text context i think is really dish dishonest. >> i don't think i've taken it out of context. i'm trying to present the argument that i think will be part of the president's impeachment trial. i'll give you the final word but keep to 30 seconds. >> what happened at the capitol was a travesty and everybody involved in breaching that capitol should be prosecuted. but as you your prior guest jay
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son moorhead discovered, it ought not apply to those peacefully expressing their views. and when state election officials violate election you laws, we know longer have fair elections. and that seems to be a very big issue that the american people should be desperately concerned with. >> i agree with most of what you just said, but as my pths arent raised me, time and a place. and that was noot the role of congress on january 6. i'm sout out of time. thank you. >> and now the democratic side. daniel goldman, i had a slew of questions to ask you specifically. but first i want to ask you to react to what you just heard from mr. east man.
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>> the whole premises of what he is claiming is hellacious. there is a process to challenge the election and that is through the courts. and they tried to do that and the courts uniformly dismissed them. they were meritless. it is not the roll of the vice president or congress to raise legal issues with a state run election. that is done in the states. certified by the states. as you point out, the wrong place and wrong time. and if i'm mr. east man, i'd be careful about what i say publicly. because his statements can be used against him. >> i think the critical question, and i've put to my guests, is what did those speakers know of the intention of members of that crowd, did they know that an assault on the capitol was planned. >> you hit the nail on the head.
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that is the key question from a criminal standpoint. in terms of prosecuting incitement. and you would want to be able to show that there is some knowledge ahead of time that there was some plan to storm the capitol. and we know that there was a plan. so the question then becomes, what did othey know about the plans. and the president says that we have to go to the capitol and the one that is we support are going to have to fight hard. there are a lot of ways that criminal prosecutor would find out that evidence. it will take longer than two weeks in advance of the impeachment trial. so the question for impeachment is slightly different. it is not quite as acute and
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quite as stringent as in the criminal prosecution. >> are president trump's due process rights being protected? the whole nation watched you and your adversary mr. caster in trump impeachment one. and there was a presentation of evidence in the house. there was nothing like that in the house in this go-round. and also it occurs to me, you know, the senators are the victims of what transpired j january 6. how impartial a jury can the presiden president draw. >> that is an issue that we had, there were some senators involved in the ukraine issues that were at the core of the last impeachment. look, in an ordinary prosecution, the prosecutor goes to the grand jury, gets an indictment and then they go to trial and that is when the defendant can defend himself.
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this is similar to what we have here. the house effectively indicted him. now it goes to trial in the senate and we have a two week clay for the -- delay for the president to mount a defense and file any briefs which i think will include an illegal reading of the constitution that he cannot be tried after being moved but he will an opportunity to do that and does for witnesses. his due process rights will be protected in the senate trial. there is very little required in the house in terms of protecting his couldue process rights. and the president and his lawyers had an opportunity to participate in the judiciary committee last time and they bypassed that opportunity. so to say that he wouldn't be
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given an opportunity is not -- >> understood. i'm losing -- i have lost your video feed, but we heard everything that you said at the end. thank you so much for being here. >> thank you. let us see what you are saying via my social media. twitter, how do you impeach if president trump's rally video is shown where he asked for peaceful and patriotic march? ronald, i took due note of that line. repeated about both here on cnn and in all of my discussions on my sirius xm radio program. it is true, there was a reference to that. but was it a cya line when paired with it is only -- i don't have the words in fronts of me, but when president trump is speaking of strength, only through our strength, we have to be strong, we have to stop the steal. and we'll walk down to the kach and do it. you have to look at it all in totality. and in context.
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i want too remind you, go to smerconish.com and answer the question, should people face consequences appearing at the rally even if they didn't storm the capitol? up ahead, if you are offered a covid-19 vaccine, should you jump at the chance or give up your slot to somebody determined to be more in need? and the brief tribute to a legendary broadcaster larry king sadly has passed away at the age of 87. that work around your schedule. jackson hewitt is here to fight for the biggest refund you deserve. whether you're a 9-5er or 5-9er. ♪ you know, malcolm, audible's got more than audiobooks. of course, podcasts. originals. bestsellers. future bestsellers. sleep stories. mal- hey, no! roxy! audiobooks, podcasts, audible originals.
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with america djoe biden promisi than 1 million show thes, but due to the dumpy distribution so far, and deciding to get inoculated is presenting a quandary. and nobody better to discuss it with is dr. caplan. if offered, should you take it? >> it is noble to take i don't want to take it, but i think you have to take it and the reason is we're not set up to redeploy a vaccine that somebody turns down. it is hard to find someone who is in need more than you. it is difficult to move the vaccine. hard to transfer it. and i think that you are stuck. you can take it with some, you know, regret, but i think that you have to take it. >> so distinguish your advice to
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take it if offered from gaming the system. >> yeah, so there is a difference between saying i showed up because they called me in and said that there is a vaccine for you and you look around and you think, hey, what am i doing here, i'm not old and i'm not at risk. i think that up to take what you can get. versus i'm going to bribe somebody by giving a big donation to, say, a school or university which i've heard about to get in front of the line, i'll fly to florida or nevada where they seem to be chaotic and just stand there even though i'm not at risk. or i'm going to pay a lot of money to private practice doctors who somehow get a hold -- that is cutting in line. that is until ethical. >> i'm hearing through my radio work from people who i guess it was inevitable that people are
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he hearing about their neighbors, and why did they get it, why haven't my grandmother got it because this guy i work with has got out. >> and the rollout has been a total mess. the trump administration had promised, you remember, a surplus of vaccine. there wasn't in. states begin to get that. and why would you say more people can come in if don't have any vaccine. and then vaccine was distributed if you will to places where there aren't people who can take the vaccine. and plus refusal rates are high. we do have to pay attention to that. i would not refuse the vaccine if offered. it is safe, much better than getting covid. but if you have high refusal rate, you have to deploy it
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right away. the stuff is ready to go and you have to keep going down your list. so we didn't plan properly, we didn't get the vaccine out there and redeno noploy it or if you d up a package of 500appointments. >> and how far away are we from employers mandating v vaccinations, arlt airlines saye need proof? >> we are not far away. many say that i won't let the federal government mandatesing . but we will see efforts made i think to vaccinate athletes to they can keep playing maybe at
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the olympics, maybe can't come into the stadium without a vaccine. we'll see mandates coming, but they will come out of the private sector i think first and then expand it. but yeah, i think that many businesses will say if you want to come to work, you have to show proof of vaccination. >> and doctor, thank you, we appreciate your expertise. t thank you. and the policy is a great start but the new covid variant is spreading faster than bernie memes. and i should point out that i think that we're already at the pace of 100 million in 100 days. but we have to do better. and afternonswer the survey que. should people face consequences to appearing at the january 6 rally even if they didn't storm the capitol, meaning they didn't
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break the law, should they be punished on the job? et cetera. a really interesting case at the top of the show. the schoolteacher 3 tewho was t said i was a mile away. and still to come be an oval officer makeover is ensuing, but it is not about personal taste. they reveal key insights about the person who sits at the resolute desk. plus a brief tribute to larry king who sadly passed away at the age of 87. we live in a world of fees. airlines, hotels, food delivery, and especially car dealers all charge excessive, last-minute fees. when you want something badly enough, it feels like your only choice is to pay up. but what if you had a choice to take a stand instead? at carvana, we believe in treating you better. with zero hidden fees, you can drive off
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jou journalist given a tour before president biden even set foot in his new space. how school is that. annie, i'm envious. what an extraordinary opportunity you had. what was most poignant? >> it was such a special moment to be there. i think honestly the biggest thing that i noticed were the vacuum marks on the rug. it was so brand new, the office had just been preparing for the president. and the president's aides told me don't step on the rug because we coudon't have time to advant umg it again. b advantage umt it a run to restoration hardware. where do the furnishings come
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from? how does this work? >> well, of course the oval office, it's an office, a workspace. it's also a museum. all of the art and the furnishings come from the white house collection and there's just a massive amount of art and furniture in storage and the president was able to look through a catalog and pick out what he wanted to have moved into his new office. >> i know that president obama famously had the emancipation proclamation, among other things, and i think we have a picture of this. a moon rock was selected by president obama. speak to that. >> yeah, president biden in particular talks a lot about america's achievements, and the concept of coming together as a
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country, we were able to step on the moon. he referenced it in a key piece of legislation that he wrote after -- pushed through congress after being vice president. he called it the moon shot and that was his effort and his way of honoring his son who died of brain cancer. this moon shot legislation was intended to provide more funding for the national institutes of health to help cure cancer. when he thinks of a large accomplishment, he thinks back to americans stepping foot on the moon and that's why he wanted that rock in his office, to remind him of what the country can really do when it pulls together. >> on the credenza behind president biden, photographs, who is depicted? >> there's, of course, photographs of his family, his sons, his daughter, his wife. but it was really special to also see that there's a photograph of biden meeting with the pope. you know, biden, of course, only
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the second catholic president to occupy that office, and so it's quite interesting that that picture is there. of course there's also the bust of cesar chavez, which is right behind him as he speaks in every camera shot, cesar chavez. >> i guess i'm also looking at a photograph we just showed of beau biden, a very, very young beau biden with his dad that kind of chokes you up to see it. hey, good for you. what a cool, cool experience. i loved what you wrote about it. so thank you for being here. >> thanks so much. i appreciate it. still to come, we've lost larry king, cnn legend. he passed away at the age of 87 after 63 years in the -- you know, philadelphia, hello, and of course we'll have some of your best and worst tweets and facebook comments.
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death. there was only one larry king. he was a broadcaster for 63 of those years across radio, tv and digital media, and of course famously hosted "larry king live" right here on cnn for more than 25 years. that was the place that you wanted to be, where books got sold, where a-list actors and actresses came to promote a movie, where politicians came to announce their candidacy and it's where america would go to find out what happened on the burning issue of the day. no more true than during the o.j. simpson trial that captivated the nation for a year. larry was so skilled in the art of conversation, it was all about making the phones ring and trying to hold people's attention, being able to elicit interesting answers from guests. he had a unique approach. for instance, unlike me, he didn't tend to read the books of the authors that he had on because he said he wanted to put himself in the same position as
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his audience. i was honored to be a guest of his to discuss the presidential race back in 2008 on a panel. it's kind of funny to look at the tape now, because there i am looking a lot younger, along with lanny davis and kelly ann conway. there will never be another one like him. the suspenders, the voice, philadelphia, hello. we'll miss larry king for sure, and his civility. time to see how you responded to the question at smerconish.com. should people face consequences for appearing at president trump's january 6 rally, even if they didn't storm the capitol? >> 41,000 and change votes. by the way, that's the right answer. that schoolteacher that i interviewed, if in fact he was a mile away from the capitol and not caught up in any of the
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vandalism, i think that's the right outcome. here is some of what you thought during the course of the program. what do we have? smerconish, if there's a significant yes vote to your question today, it really speaks to how intolerant we've become. there wasn't, and i think that's good news. thanks for watching. >> announcer: this is cnn breaking news. good morning. i'm wolf blitzer in washington. we have very sad breaking news to bring you, the broadcasting legend, larry king, has died at the age of 87. he was the king of talk and the face of cnn for some 25 years. larry king became an icon through interviews, speaking with actors and sports figures, presidents and heads of state. a source close to his family said he had been hospitalized with covid-19 in early january. throughout his life he battled a nu
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