asthma symptoms can attack anywhere. get fast relief here with primatene mist. available over the counter for mild ashtma. primatene mist. breathe easy again. good evening. at the end of an historic day in washington, the second impeachment trial of donald trump, the first impeachment trial of a former president. and today, the man behind it all went on trial. a proceeding the former

president's defense team tried to get dismissed on constitutional grounds with the support of all but six republicans. the democratic house managers made their case in part by citing legal scholars who agreed with them. and they began with a documentary style video, a moment by moment timeline of the insurrection, seemingly k chrono chronological. here's a portion of it, with a warning, it's not easy to watch. >> traitor! traitor!

>> heave, ho! heave, ho! [ screaming ] >> get off! >> fight for trump! fight for trump! fight for trump! >> this is what the defense is asking senators to put behind them barely a month after that happened. whether they choose to or not, jamie raskin was not about to let anyone off the hook. he made this legal and political moment intensely personal. his youngest daughter and son-in-law, were at the capito last month. here's his account of it. >> my chief of staff was with tabitha and hank locked and barricaded in that office. the kids hiding under the desk.

placing what they thought were their final texts and whispered phone calls to say their good-byes. they thought they were going to die. my son-in-law had never even been to the capitol before. and when they were finally rescued, over an hour later, by capitol officers, and we were together, i hugged them and apol apologized, and told my daughter tabitha, who is 24, and a brilliant algebra teacher in teach for america now, i told her how sorry i was, and i promised her that it would not be like this again the next time she came back to the capitol with me. and you know what she said? she said, dad, i don't want to come back to the capitol.

>> this was followed by the former president's two defense attorneys. the first of whom, bruce castor, put on a shambolic display that did not impress george conway. >> it's a really extraordinary thing, i mean, this man is supposedly and probably worth a couple billion dollars. he's a former president of the united states. and this, this is the best he can do in terms of lawyering? these guys were terrible. i mean, in 30 years, i practiced law for 30 years. i've seen good lawyering and i've seen bad lawyering. i have never seen such an extreme juxtapositioning of good lawyering and bad lawyering in one proceeding at one time. these guys were just absolutely awful. >> in the end, all that bad lawyering combined with the

democrats' presentation managed to sway only one unexpected republican in today's vote to continue the trial. >> president trump's team were disorganized, they did everything they could but to talk about the question at hand. when they talked about it, they kind of glided over it, almost as if they were embarrassed of their arguments. i'm an impartial juror, one side is doing a great job, and one is doing a terrible job, as an impartial juror, i'm going to vote for the side that did a great job. >> joining us, van jones, as well as kirsten powers, and elliott williams. so, van, the first day of the second impeachment of the former president. what stood out to you? >> just, you know, the power of words. you know, donald trump's words fueled, you know, a horrific

attack. if anybody has not watched the video, please watch the whole video. it needs to be shown every year, you know, on the anniversary, just to remind people what happened. and other words are coming through. jamie raskin did an extraordinary job, amanda gorman, the young poet, did an extraordinary job. words that are truth-telling, and trying to pull us to higher ground. but the power of video, of storytelling, of words for good or ill showed today. >> we saw senator bill cassidy said the impeachment managers did the better job today, which i think was clear to anybody who watched. does it give you hope that there are more swayable senators? >> based on the last four years, i would have to say no. prior to that, i might have had that kind of hope. but i think you will find yourself usually disappointed when you expect the republicans

to focus on facts and what is put in front of them over what is best for them in terms of basically kowtowing to donald trump. unf unfortunately, that's been the story of the last four years, which is that donald trump owns the republican party. even if they know in their hearts that the democrats are putting forward a better case, they have the better case, they have the video and things that make it clear to anybody who is watching that but for donald trump this wouldn't have occurred. we know it wouldn't have occurred, if he said what his lawyers said today, that he lost the election, none of this would have happened. and he's telling them to go down there at the rally, it's clear that he's the one who instigated it. >> george conway said he has never seen good lawyering juxtaposed with such bad lawyering. do you agree? >> it was pretty bad, and pretty

good. at anderson, we could have seen this earlier this week with the filings they made. the democrats put forward an 80-page brief that gave their argument well, and trump's lawyers' brief was full of typos. but here's a good example, the morning started with a vote on the rules of the trial. how long, how many hours of debate, and so on. 11 republican senators voted against that. now, these are rules that were negotiated by mitch mcconnell on behalf of the republican caucus, agreed to by president trump's attorneys. but for 11 republican senators, they were still even more aggressive and even more out of touch than even the president's lawyers were. so when a not insignificant

portion of the jurors or republicans in the senate are staking out a position that is even further than the president is, it gives you a sense that the lawyering doesn't matter, and they know how they're going to vote. >> van, if you view this as a trial, which it is, and they -- the senators are the jury, if this was a trial in a courtroom, you had 12 jurors, and the defense and prosecution offering up the cases that were offered today, and the jury still just kind of was unmoved by anything they heard enough to actually, you know, vote, it's -- that would be a pretty depressing outcome in a court of law. >> in a real jury, you could disqualify a whole bunch of people, they have already said things that are not what you expect senators to say about

their role. we've departed so far from what is expected and proper. but looking at the video again and seeing the amount of lawlessness and criminal behavior, if that had been a bunch of african-americans, and somebody got killed, what would have happened is every single person would be in jail for accessory to murder. that happens every day in the black community. a bunch of kids are in a car, one kid shoots somebody, all five kids go to prison for 30 years. if you commit a crime and somebody gets killed, that's called felony murder. but here, somebody going to mexico and another going to another prison for organic food, the system is incapable of meting out justice for black

folks. and none of those people are in jail right now. >> van, i remember you and i were watching this that day, and talking about this. and they were allowed to leave. and they were just allowed by and large to walk off. sorry, kirsten. >> they also, many of them would have been shot. let's be real. you know, there would have been -- the police would have opened fire on them, no question, more than the one person. and so i think that republicans also are the people who talk about personal responsibility and accountability, and all those different things. and when it comes to this, they don't want president trump to be held accountable. they're willing to say, yeah, of course, those people, whatever happens to them, that's fine. but they don't want any accountability for the person who incited it. if the president had acknowledged that he lost the election, this never would have happened. >> and here's one of the initial encounters between the mob and the police. one of them is carrying a blue

lives matter flag. >> yeah. >> and they proceed to attack physically the police officers whose lives they claim matter. an offer's eye was gouged out. three fingers were lost, the first time i heard about that today. one officer was killed, two have died by suicide. they idea that the people who were there have any claim to being patriots or supporters of law and order is just a joke, elliott. >> absolutely. and the other thing, anderson, is that common sense, put aside all the legal minutia, why were they there? the president's lawyers attempted to make the argument that independent of president trump, this would have happened. when literally it was the president going back to last july started talking about undermining, july 19th on fox news sunday, undermining the

results of the election. then he tweeted about january 6th, be there, it will be wild. and then the rally the day of. it's hard to see how, number one, the irony of whose lives matter, and the nature of the conduct. but also, they were there at the behest of the president. whether this rises to the level of criminal incitement, we can quibble about that. but the fact is, just use common sense. they were there because the president said to be there. you can't come to any other conclusion. >> it's been a month, we've seen the images a lot. but to see it, and van ref referenced this, but to see it in chronological order, the individual acts of violence, it's just a devastating iing

indictment of what happened. coming up we'll be joined by an historian, doug brinkley.

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breaking news tonight on how displeased the former president at the defense team in his second impeachment trial. maggie haberman cites people familiar with his reaction saying he did not like what he saw, especially from bruce castor, whom he was reportedly furious with. and that's not all we know. we have late reaction from mar-a-lago. what more can you tell us, boris? >> reporter: according to people familiar with president trump's reaction, he was furious. the former president was reportedly yelling at his

television, and it's not hard to see why. even allies of the president acknowledged that the expectations were not high for his legal team, considering they were scrambled together just over a week ago. a couple of things stand out, though. for one, the content. you noted that president trump was angry at bruce castor. at one point, castor commended house democrats for their presentation, acknowledging that the trump defense team had to scramble and re-arrange their strategy because of the effectiveness of it. and you saw no mention of electoral fraud or many of the conspiracy theories, that's part of the reason why trump has new lawyers. further, this wasn't compelling television. castor was meandering, and used

few if any visual aids. for a president obsessed with optics, this wasn't the kind of show he wanted to make the case that he's innocent. >> and the former president and his aides sent out talking points to gop senators. what did they say? >> reporter: from ben williamson, one of the staffers, it argues that this is an unconstitutional impeachment, this is cancel culture on the constitution, an attack on the first amendment. a number of other things that really swing and try to spin the president's involvement in the riot on january 6th. this just underscores the ineffectiveness of his legal team, and the third-string nature of their approach. allies of the president acknowledge he could be in very serious legal trouble if he

faces criminal charges, because none of his former lawyers seem willing to stick their necks out for him. >> boris, i appreciate it. and i want to play a moment from my conversation earlier tonight with adam kinzinger of illinois. >> it's incredible. i've been friends with one of the gentlemen that was involved in that. and was really hurt. he's a police officer, and he said these people are walking around acting like they support law enforcement officers, and they're saying things that are chilling. not to get overly spiritual, for me there was a serious level of evil that descended over that. and you see what happens when you take rhetoric and you let that anger go overboard. i think the president bears serious responsibility for what we saw on the 6th.

it's not just his speech that day. it's the four years of building the groundwork leading up to that. >> joining us now, charlie dent of pennsylvania, and denver riggleman of virginia. thanks for being with us. a handful of republican senators barely looked at the screen, according to reports. and rand paul was looking down at a paper where he had begun doodling with a pencil according to "the washington post." what do you think that says? >> well, i tell you, listening to adam, i get pretty emotional. when you have evil, right, or bad things happen like that, look at the capitol siege. i guess i can sum up what i think adam was trying to say. it starts with a disinformation siege. we've had that for so long. you have to cultivate and breed this. there was fertilizer there for them to do this.

and when people aren't paying attention to something that heinous, things that happened to law enforcement, and individuals, people died there. they've already made up their mi minds, they don't care, or they don't have the intellectual capability to absorb this. when it's that nakedly political, we have a real problem. and listening to adam, it was emotional for me. i've been there, he's been there in the military, and we know how it feels. >> and there was a scene of the crime, watching it, it reminded me of the importance of leadership, and how, you know, a lot of these people, some of them served their country honorably, claimed to be supporters of police. and yet there they are, attacking police officers. desecrating democracy. you have known bruce castor, the

president's lawyer, i think for more than two decades. what was your initial reaction from what you saw today? >> well, first, on adam kinzinger, fanaticism and anger are a really bad combination, when stoked up by the president. but bruce castor, i've known him for close to 25 years, we represented montgomery county in pennsylvania at one point. castor has a bad client, bad facts, he wasn't well prepared, and he had a bad day. i'm not surprised the president is unhappy. i'm sure bruce and the other attorney will not get paid because of this. but i'm not surprised by what type of a presentation we witnessed today. think were not prepared, overmatched, and again, the facts are not on their side. and arguing constitutionality, that's a procedural gimmick.

everybody knows they don't determine constitutionality on legislation on an issue like this. that is up to the courts. this is simply a way to avoid dealing with a substantive issue. but they're not going to be able to do it, because they simply don't have the votes. >> congressman riggleman, what does it say to you, given that dreadful performance, and given the, you know, the clearly, even republicans saying the good performance by the house managers, particularly representative raskin, just one republican, senator cassidy, joined five others from last week saying the trial is constitutional, and he cited the poor performance of the former president's attorneys. >> and look what happened to senator cassidy. he was automatically reprimanded by the state party. automatically. and that's what these individuals are looking at. these senators are not looking

at what is right or wrong, but whether they can be re-elected. so when these conspiracy theories spread, they metastasize, and we're seeing this happen again right now, as it starts to, guess, bubble back up. people saying that the president is teflon, he'll still be in control of the gop. that's because there's individuals scribbling on pieces of paper, or just not paying attention to what is going on in front of them. when you see the case that was presented by the managers today, holy cow. it was incredible. there was real talent there. but on the other side, when you have a lack of talent, moral high ground, and facts, it's tough for you to win.

but to be disinterested, i think it's a disgrace. they need to care about others more than themselves, and care about service more than their careers. but i think it will be a long slog fighting disinformation. if we don't have leaders willing to step up and sacrifice their careers for the betterment of america, we'll be in a bad place. >> and the president picked an attorney today to represent him, who was going to represent jeffrey epstein. i wonder what the qanon conspiracy folks think about that. congressman dent, to the point, do you believe that a majority of republican senators buy the constitutional argument, or is it just intellectually dishonest, giving them a cover? it seemed so stark today. >> i'm sure this is simply a cover, as you say. if this were a secret ballot

vote, i bet there would be over 80 votes to convict the president. again, the cake is baked. these members know how they're voting. which is unfortunate. this is a political process, as we all know. i think, again, look, the saddest thing i've seen in my time is how many of my former colleagues are just afraid. they're afraid. i'm so proud of people like adam kinzinger and peter meyer who voted to impeach, liz cheney. they set aside their fear. and they said they're going to do the right thing. if there's a political consequence for that, so be it. sometimes you need to risk your job to save it. >> the folks you know, are they afraid of losing their jobs, of being harassed for the rest of their term, of their families being threatened? >> i think it's mostly the job. but i think there is some legitimate concern about safety and their status.

there's no question. but you have to be able to visualize defeat. i served for nearly 14 years. i really enjoyed my time. but i said at one point, i really love this job. but i'd rather be true to myself than stick around an extra four or five years if i have to sell my soul to a man who is so flawed like donald trump. to support him when many of them will tell you privately about how disgusted and sickened they are, particularly by what happened since the election. but the good news is, there's a counterforce emerging. there are republicans out there, denver and i were part of a group on friday where we were talking about, republican leaders talking about a new direction. a party based on truth, honesty, democracy, and rule of law. if we can't do it within the party, we create a faction or even a new party.

the party will continue to contract if we don't get this house in order. >> thank you very much. and we've seen a great deal of history play out. come up, we'll talk with doug brinkley about how he ranks the moment we're living through right now. so, subaru and our retailers are doing it again, donating an additional 100 million meals to help those in need. love. it's never been needed more than right now. subaru. more than a car company. (vo 2) to join us with a donation, go to subaru.com.

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today, the senate's vote was

historic. and doug brinkley joins us now. was there ever any doubt that this was constitutional? >> no, it was always constitutional. we have the 1876 belknap case. it was just an excuse to not pay attention to what really happened on january 6th. luckily, that 13-minute video today caught everybody shorthanded, and it reminded us what a heinous and hideous crime the trump insurrection really was. >> and according to "the washington post," some republican senators were not looking at it very much. and with the trial held at the scene of the crime, and the

jurors were esesentially witnesses and victims of the crime. >> that's what is so remarkable. every one of the senators know what happened. they were in the building. we have traumatic moments. the kennedy assassination, you have the warren commission report. but you're not going to the site. here we are in the building where the insurrection of january 6th occurred. and i couldn't help thinking that someday there will be a museum, a memorial about what happened there. i don't know why the republican senators that keep wanting to cut donald trump a break, because i don't think they'll look well in history. there used to be a know-nothing party in the 1840s and 1850s that hated catholics, they were nativi

nativists, and by backing trumpism and qanon, many republicans will be right there with josh hawley and others. >> weren't there american firsters back in the '20s and '30s? >> absolutely. and that's -- there's been a constant drumbeat in american history of these anti-elites, secret societies, part of what we're seeing. but imagine if lyndon johnson was president in the 1960s, and he embraced the hell's angels. donald trump embraced the proud boys. and we still don't have these republican senators denouncing these hate groups, because they see them as potential voters who might participate in their primary coming up. so it's a sad and difficult moment for the republican party. we'll see if they can do the

right thing. if not, it's going to be the party of donald trump this year and the next year. he's going to own the republican party if they can't do the right thing these next few days. >> even if there's ultimately an acquittal, you talked about the importance of an historical record for the future. >> the democrats are creating a record by pulling together all of these videos. when you deal with the johnson or clinton impeachment, you didn't have this kind of a visual record. we're in a visual age. and tomorrow, we're going to be seeing more new footage coming out that was filmed in the capitol on january 6th. it's the accumulation of all of this. we're going to get trials of people, and their affidavits. the body of this will build. there will be an entire line of

studies about trumpism, the trump insurrection, the big lie. and it will be seen as a dark stain in american history, like the know-nothings, like mccarthyism, the red scare times in the 1950s. >> and you mentioned the aftermath of world war ii as a parallel. how so? >> well, after world war ii, you had people wanting to return to an isolationism, return to a nativism, a fear of globalization, of being left behind. of course, that didn't happen, and we had a consensus with harry truman and dwight eisenhower, john kennedy, on and on until donald trump, that the united states would be a global party. and this was not a good day for trump's legacy, and he's down in the polls, in the 20s, getting smaller ever second.

>> doug brinkley, really appreciate it. your shot doesn't look great, but your words are great, and we appreciate it. still to come, president biden's reaction to today's events in the trial of his predecessor, when we return. she'll say she's got goals. and since she's got goals, she might need help reaching them, and so she'll get some help from fidelity, and at fidelity, someone will help her create a plan for all her goals, which means suzie will be feeling so good about that plan, she can just enjoy right now. that's the planning effect, from fidelity. ♪ it is love, love, love that makes it all worthwhile♪ ♪and it is love, love, love♪ ♪that can't help but make you smile.♪ ♪it is love, love, love...♪ send the love. order now at edible.com

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eye on key eitems on his agenda. phil mattingly joins us. president biden is doing everything he can to distance himself from this trial happening on capitol hill. >> reporter: that's right. he's not watching the trial, he's not talking about the trial. his senior staff, you can barely get them to say anything about the trial. and that's by design. there's a strategy. part of it is, look, he has a job to do. he said that today, he has to focus on the dual crises his administration is facing. but there's a strategic element to it. the white house staff knows how this will end, very likely that former president trump gets acquitted, and they want to ensure that president biden focuses on what he was elected to do. and there's no sense that they'll diverge from that anytime soon. >> how concerned are they that

the length of the trial will affect the momentum of the things the president wants to carry? >> reporter: they made clear democrats, they did not want this to be a long trial. they wanted president biden to have a chance to confirm his team, and most importantly, to have a clear path to pass his cornerstone legislative pr proposal, the $1.9 trillion stimulus package. right now, nominations are all but stalled. but behind the scenes, i'm told white house officials are working hand in glove with house democrats as they start moving through the details of that proposal, trying to get it to the house floor. they believe it's still on track, and they believe democrats are still united. one thing i hear, there are concerns about momentum. they believe over the course of the last several weeks, democrats have stayed unified

and have coalesced behind it, and that's why they have stayed focus on that package, trying to get it to his desk. they know all eyes are on the senate floor, but for now, they want to focus on making sure democrats get their most important agenda item to the president's desk. >> you said white house staffers aren't talking about the impeachment publicly, are they in contact with the house managers? >> reporter: they've been in contact leading up to the trial. and they wanted them to be able to craft their own defense. but again, it might be subtle, it might be implicit, but they've made clear, they don't want this to be a lengthy trial, but so far it looks like the democrats are following along. >> phil, appreciate it.

today, democrats talking about the many police officers injured in the capitol. we'll have more on that, next. looks good guys. success. it's often right place, right time. ♪ ("four seasons: spring" by vivaldi) ♪ fiverr gets that. from graphic design to web development. or even a pr expert for things like, i dunno, (over loudspeaker) booking a press conference. ♪ ♪ fiverr has the freelancers to get you where you wanna be. is this the lobby?

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rotunda and shot to death as she forced her way into the halls of congress. major injuries suffered by dozens of police officers assigned to the capitol that day. something the democrats included in their video compilation. randi kaye tonight has more. >> reporter: the capitol police officer's union chairman said in a statement some officers were not issued helmets prior to the attack on the capitol. and sustained head injuries. another officer, he said, had two cracked ribs and two smashed spinal discs. another was stabbed with a metal fence stake. acting dc police chief robert conte said his officers encountered hand to hand combat leaving 65 npd officers with sustained injuries and then minor injuries such as scratches, bruises and eye burning. >> i've talked to officers who have done two tours in iraq said this was scarier to them than

their time in combat. >> reporter: this body cam footage shows what police officers at the u.s. capitol building were up against on january 6th. they were no match for this violent mob. outnumbered and outmaneuvered. in all, more than 100 officers were physically wounded. rioters stole police batons and helmets. in one case, using a hockey stick as a weapon. officer michael fenome with nearly two decades of experience was dragged down the stairs and beaten. one used a flag pole with the american flag to hit him. >> it was difficult to offer resistance when you're only 30 guys going up against 15,000. >> reporter: he said he was tased at least six times by the angry mob. >> guys were stripping me of my gear. rioters pulling my badge off my

chest. they ripped my radio off of my vest. started pulling like ammunition, magazines from their holder on my belt. and then some guy started getting a hold of my gun and they were screaming out, kill him with his own gun. >> reporter: cnn has also learned one capitol police officer lost three fingers in the attack and another is likely to lose his eye. dc police officer daniel hosdge was pinned and crushed by a door to the capitol as rioters pushed their way? >> guy ripping my mask off and he was able to rip away my baton, beat me with it and he was practically foaming at the mouth. so just, these people were true believers in the worst way. >> reporter: five people lost their lives from that riot, and there are psychological scars as well. two other officers took their

own lives after that terrible day. dc police officer jeffrey smith, a 12 year veteran of the force, and capitol police officer howard livengood, remembered as an example of selfless service. randi kaye, cnn, tampa. >> sickening to watch. we'll be right back. ♪ it is love, love, love that makes it all worthwhile♪ ♪and it is love, love, love♪ ♪that can't help but make you smile.♪ ♪it is love, love, love...♪ send the love. order now at edible.com

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asthma symptoms can attack anywhere. get fast relief here with primatene mist. available over the counter for mild ashtma. primatene mist. breathe easy again. partisan division runs high, there was at least one show of unity in the senate. senator patrick leahy called for unanimous consent to adjourn and got no objections at all.

trial picks up tomorrow, noon eastern time with democrats expected to present their main case. the defense expected on friday, followed by senators' questions over the weekend and be there to bring it to you live. until then, the news continues on this historic day. over to chris cuomo for primetime. welcome to a special live edition of "prime time." midnight on the east coast. 9:00 p.m. on the west coast. so let's get after it. special coverage of day one of the trump impeachment trial. now, this constitutionality debate is over. should have never happened. the law upholds this second trial for donald j. trump period. six republicans, just six, joined all 50 democrats to move on to day two. i don't know, well, look, it's a window, okay. window, the reason that today was worth it, because it really isn't provided