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.

this was just another accommodation by democrats of the republicans and again, it's weird when the only reason we have this issue is mitch mcconnell. we'll talk about that more. the question now is, will half the jury give the ex-president a pass for what almost got them killed on january 6th? or will more republican jurors, you need to have 17, join democrats to convict hill. will they make this a so-called conscience vote? several unimpressed with the trump defense. even trump supposedly wasn't happy with the performance of at least one of his lawyers, according to sources. house impeachment managers, however, made a strong opening case for why we can't just move on. you can't just allow trump to walk away without any accountability after one of the worst days in american history. can that really bring no consequence for the man at the center of it? the man who had his name on all the hats, name on all the flags,

coaxing exactly this kind of behavior for weeks, who is identified in exactly that way by people convicted or charged with crimes on that day? he is their rationale for being there out of their own mouths as supporters of his. to get at this point, the house managers presented a powerful video sequence of events from insurrection day january 6. we think it is important that you have a chance to see it in its entirety. here it is. >> we will stop the steal. today, i will lay out some of the esfanvidence proving we wons election by a landslide. this was not a close election. after that, we'll walk down and i'll be there with you.

we'll walk down to the capitol. >> take the capitol! >> take the capitol. >> we are going to the capitol. where our problems are. it's that direction. >> everybody, this way. this way. >> thousands of votes came in and dumped them. where did they come from?

>> madam speaker. the vice president and the united states senate. >> outnumber you a million to one out here. >> the constitution says you have to protect our country. and you have to protect our constitution and you can't vote on fraud and fraud breaks up

everything, does it, when you catch somebody in the fraud, you're allowed to go by very different rules. so i hope mike has the courage to do what he has to do. >> we fight, we fight like hell and if you don't fight like hell, you're not going to have a country anymore. so we're going to walk down pennsylvania avenue. i love pennsylvania avenue. and we're going to the capitol and we're going to try to get our republicans, the weak ones because the strong ones don't need any of our help. we're going to try and give them the kind of pride and boldness that they need to take back our

country. >> majority. >> we're debating a step that's never been taken in american history. president trump claims the election was stolen. the assertions range from specific local allegations to constitutional argument to sweeping conspiracy theories. my colleagues, nothing before us proves illegality anywhere near the massive scale, the massive

scale that would have tipped the entire election.

>> my challenge today is not about the good people of ar arizona. >> i will stand at recess until the call of the chair. >> mr. speaker, can i have order in the chamber. >> the house will be in order.

the house will be in order, okay. >> stop the steal, stop the steal! >> treason, treason. >> defend your constitution.

>> stop the steal, stop the steal. >> they're leaving, they're leaving. >> break it down, break it down.

>> fight for trump, fight for trump. >> there's never been a time like this where such a thing

happened where they could take it away from all of us, from me, from you, from our country. this was a fraudulent election. but we can't play into the hands of these people. we have to have peace. so go home, we love you, you're very special. you've seen what happens. you see the way others are treated that are so bad and so evil. i know how you feel, but go home and go home in peace.

>> it's hard to watch, right? imagine being in that room.

now, reportedly, do you know what some of the people that i call now jurors that are doing in that room while the video aired? senator rand paul was looking down and doodling on a pad of paper. behind him, "the washington post" says rick scott studied papers in his lap. and by him, tom cotton and marco rubio were doing the same. why won't you watch? you're patriots, right? you love your country. right? you serve all, right? future leaders of this country maybe, right? talked about those riots over the summer, right? it's one thing when black people get angry, commit acts of violence. you want them condemned. it's not a protest. it's wrong. they are what they oppose. they say they want justice and

yet seek injustice. but not now. not about january 6th. not one of you got on your box and talked about the america that we should be and what was wrong this day. all those trump hats. all those trump flags and for the first time in my life and yours too, you had an american president praise people who were attacking law enforcement and seeking to hurt you, by the way. i have never seen anything like it and i don't know how you tell yourselves that what you're doing right now is okay. i don't get it. as a matter of journalism, as a matter of political analysis, and as a level and a matter of simple humanity, this is unlike anything else we have ever seen and you know that when you

ignore this and give him a pass, it will get worse. so what is the question? the question now for us is, what do they do with what they will see over the next few days? today was the easy day. you cannot look away from your responsibility and how you will be remembered for what you do in this moment. that goes for the senators, that goes for the people in congress, in the house, that goes for us and that goes for you. so we'll take you through what happened on day one and what it means for tomorrow. these days will be remembered for decades to come. dad, i'm scared. ♪

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we talked law today.

we'll talk facts for the rest of this time. that's where the impeachment trial goes. let's bring in the better minds, john harwood and john dee. thank you, especially for the hour. appreciate you both but it is history. we have never seen and hopefully will we never see anything like this ever again. but of course, how they proceed during this will largely dictate the possibility of a second instance of it. john harwood, for house managers, who is their audience? >> i think the house managers are in small part, the republican senators because they understand what the odds are against changing many minds. their audience the american

public and history for trying to you said what happened. when we talk about the video and the republican senators not looking, i'm not surprised by that for a couple of reasons. these republican senators were, of course, witnesses to what happened. they were also victims in one sense, and that's uncomfortable to look at that video because i'm sure they recall the fear that they felt in that time, but it's more than that. they're also accomplices to what happened and voting as 44 of them did today to avoid a trial altogether, to avoid facing up to trump's actions is also to avoid facing up to their actions, to their responsibility for this. how many republican senators in the two months between the election and january 6th spoke up and said this is ridiculous, trump lost the election and called bull on all the fraud claims? not many. i'm not sure any did. pat toomey at some point stood

up for his home state of pennsylvania and said, i think the election was fairly con conducted but the republican senators themselves having cowered before donald trump for four years, 52 out of 53 of them vote to acquit him, even knowing as ted cruz acknowledged, there had been a quid pro quo and attempted to extort ukraine for joe biden and having fostered either actively or by their acquiescence. >> how do you get past the idea that the people who committed the crimes on the day of the insurrection almost unanimously, while supporting donald trump still say i went there because he was telling us, we've got to fight and they lied, overturn

the election and get it back. when he said it's time to go home, i stopped and said, okay, he just told us to go home. how do you get past that? >> i don't think the house managers want to get past that. i think, indeed, they want to draw that out and hopefully, they have clips that will do that. and show that this man indeed has a tremendous impact on his audience. he's clearly a demagogue. he has an authoritarian drive in him that respects no law, respects no institutions, anti-democratic. i keep wondering, as this, in particular, just listening to the audio on the track of the video you just played and listening to the sounds of it, i was thinking, how in the world can the republicans even think this man could ever get nominated again, let alone americans would be so stupid as to put him back in the white house if they did nominate him?

i think this trial is going to be an albatross from which he'll never escape. so that's going to serve a purpose of disqualifying him in many ways, even if they don't get the conviction and disqualification. >> one of the lawyers for the president was on sean hannity's show tonight. let's listen to a little bit to see if we can get insight into what their posture will be tomorrow or today. >> they're using rhetoric that's just as inflammatory or more so. the problem is they don't really have followers, the dedicated followers. so this speech, right now, you're finding out about the pre-planning and i'm afraid they'll back off that investigation because maybe so many people want to tie it to donald trump. there's nothing they showed today that in any way ties this to donald trump. it's just a silly argument. it's not tied to donald trump or his speech whatsoever. they're going, it's not just that speech. he's been inciting people, inflaming people. he's been trying, rousing the

american public to drain the swamp, whatever they call it on his side, to make a difference in this country. that's what political speech is about. >> harwood? >> that was weak and it was frantic. that lawyer who, you know, followed bruce caster today, caster was horrible. schoen was somewhat better. but ultimately, the argument that democrats are just like what trump did doesn't wash in any respect. you're talking about democrats who use political rhetoric ha k kcriticized the president. this president led a sustained assault on democracy himself. he undercut before the election even happened. he claimed that the election was going to be fraudulent if he

lost. and then after he lost, which he did, legitimately, fairly, he then claimed it was fraud and he whipped up his followers to the point that he actually called out his own vice president for lacking courage for not undertaking something that mike pence could not do. they're not analogous at all. a common thing republicans do is when they misbehave, they say, well, both sides do it. no, both sides don't do what donald trump did. they don't do what republican senators did in questioning the legitimacy of the votes and other states. they don't do 145 house members did in signing on to that ridiculous texas lawsuit trying to disenfranchise voters in other states. no, they don't. and there's a reason why we have not had a violent deadly insurrection at the u.s. capitol of this kind.

because we haven't had a president behave in this way. >> can't say that anymore. john harwood, john dean, long week. let me let you get some sleep. if you are convicted, automatically removed and a secondary vote at their own discretion for office. the conviction vote has to be two-thirds of the senate. 67 senators. the subsequent potential disqualification vote needs to be just a simple majority. so what do we think? is the important question for people tonight, what do the people in the districts of the senators think they should be focused on at this trial. the wizard of oz with us tonight, he has answers, next.

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starting at $17 a month. learn more at xfinitymobile.com or visit your local xfinity store today. >> while mitch mcconnell just put out a message, purportedly, he believes this vote is a

conscience vote even after voting without a real legitimate basis that this is not a constitutional proceeding even though he knows he's the one that extended it past when trump would be president and he said he did it in good faith to allow enough time for a trial that he then said was improperly being held, put that to the side, the operating theory is, well, look. this is about what our voters want. so let's take a look at that. recent polling shows millions who likely voted for trump want him barred from future office. our wizard of oz, harry enton, breaks it down. show us the numbers. >> i'll show you the numbers, chris. l here's the situation. the polling right now back in november and look at the percentages that want trump barred from federal office. biden got 51% of the vote but now 57% of americans want trump barred from office. that gives you an understanding.

plenty of people didn't vote for joe biden, voted for donald trump, now want trump barred from office but here's the key nugget, chris. look among republicans, right? look at their percentages and what you see is that most republicans, in fact, do not want trump barred from office. what they want, in fact, is they want trump to stay in, to not be barred, only 19%, 78% say no and the republican voters are very different than the general electorate. >> but that 19% is where you see that shift from the general popular vote numbers to the difference in how people want him to leave. mitch mcconnell's popularity. what do we know about that right now? >> i think that just gives, mitch mcconnell to me is a perfect test case to give you an understanding of what exactly happens when you go against president trump. back in september, his positive rating in a "new york times" poll was '60% and then mitch

mcconnell said we're going to ratify the electoral college result and look at his positive rating now. 31%. negative rating jumped from 16% to 51%. if you're worried about the republican base, look to mitch mcconnell and you get an understanding of why it's so difficult to go against a former president because if you do, the republicans will turn on you. they are trump republicans. they aren't just raes. they like donald trump and if you go against a former president, your ratings are going to plummet. >> any sense of what happens if he runs again? >> yeah, this, i think, tells you everything. if he does, in fact, run again. he's in first place in the primary polls and that is very unusual for a former one term president. carter in third. ford second. h.w. bush in fourth. trump in first place getting the primary vote in the strongest position for a former president to go back and win the party's nomination, at least in the polling, chris. >> that's what tells us story.

this is his party and if you don't side with him, yeah, sure, republicans will still vote republican but may not vote for you in a primary. if you're primaried from the right, this man is consistent about one thing, it's his own interests and right now, that means being vindictive to anyone anything but loyal to him which really means fealty. democrats managed to get one new republican to vote alongside them on the premise that this impeachment trial against donald john trump is constitutional. that's the window we just got into with the numbers. they are afraid of doing anything that might get them primaried. now, the problem with this is that's what you'll do for this job. something that's supposed to be temporary, by the way, not permanent. you'll literally ignore what is so obvious about january 6th. to please a minority.

bringing bipartisan support for the trial to a total of just six republicans is an obvious window into our future, right? and it ain't a pretty one. so if it's not swaying, what is this trial for? let's discuss with s.e. cupp and charlie dent. good to see you both. s.e., why are we doing this? >> i think a couple of reasons. one is accountability. not just accountability of the president, but accountability of congress and accountability to voters, especially democratic voters who voted this president out. i think they want to see someone held accountable for what happened after the november elections and leading up to the capitol riots. two, i think it's important to determine and establish a consensus narrative of what happened on that day. that's important for us to know who was there, why were they there, what were they doing, and

that's important for history's record as well. and then finally, i think this is laying a groundwork that will be very useful when, inevitably, civil cases, maybe criminal cases come forward against trump and maybe some of his allies because through this trial and the process of sworn in testimony and witnesses and evidence and videos, we'll probably get more information than we would have had this not happened. >> charlie, seems to be the predominant narrative in the party right now or the excuse is, i'll get primaried from the right and lose. so really, you may think i'm doing the wrong thing by voting the acquit, but i'm actually saving the party from more trumpers and radicals by giving myself a chance to win. >> you're being coopted by donald trump then, if that's your excuse. if that's your reason that you

need to go along with this. you've been coopted. i've always felt if more members spoke up in greater numbers, you know, basically, the base could be let. they will follow you, if you lead. that's the problem. too few people have spoken up. we see adam kinzinger and liz cheney. what's a leader with the guy taking a walk, so you need a whole bunch of people out there speaking up. so those ten members in particular in the house who voted to impeach, republicans, resigned to the fact they may have committed a political act with the consequence they could be defeated but also been liberated. they feel like they've done the right thing but they also know too that over time, that this vote will look even better politically. that's a good vote now but it will look even better because as we learn more about what's occurred under this trump administration in particular over the last several weeks, i

think the narrative will get better and, you know, it's time that people in the republican party stand up. there are plenty of us right now who say we want a new direction and not going to be a new direction, we'll see a diminished republican base. trump lost the election by a considerable margin. the house and senate are gone. why does anybody think going back to donald trump will help us regain majorities when we've just been through this disaster? >> i'm short on time. i don't know how, 12:42 in the morning, but i am. charlie dent, s.e. cupp, appreciate it. we're in the meat of primetime so we'll keep giving you what happened today and look at what happens tomorrow. interesting, one of the arguments why not to do this, we're in the middle of a pandemic and the day like today is a day wasted in terms of getting anything done to help promote our vaccine efforts and the economic pain that we're having to do something about it. okay, president biden said i'm

going to leave this to the senate. i don't want to talk about this. which is refreshing. what is the state of play on what he's going to focus on then, which is the package to get aid to millions of struggling americans? we'll ask a house democrat about some squabbling within her party. next.

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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. the impeachment trial is under way. president biden says that's not his priority. >> we've already lost over 450,000 people and we're going to lose a whole lot more if we don't act and act decisively and quickly. a lot of people, as i said, are going to bed hungry. a lot of families are food insecure. they're in trouble. that's my job. the senate has their job. >> biden's relief package is

being reviewed across a number of house panels this week. democrats trying to finalize legislation that could satisfy both the moderate and liberal wings of their party. it's not going to be easy. progressive leaders like my next guest are strongly opposed to lowering the income eligibility for those promised the $1400 checks. they're also adamant a $15 minimum wage hike must be included. so far, they're going to get what they want, but let's discuss. all right, right now, i want to bring in representative from washington, good to see you as always. >> good to see you, chris. >> now, my heart isn't gone yet so i'm not going to talk numbers with you before i talk humanity. i had seen the footage of you on january 6th. i was afraid for you guys. that was a very sad day for me before any other emotion and when we see you on that video, you look exactly like any of us would. that was scary. you were in the gallery, so they

couldn't evacuate you as soon as the people that were lower. and when you think about january 6th in the context of how it has been handled by your colleagues in the house and now in the senate, how do you feel? >> it was so visceral today watching the replay of everything that happened. i don't know how you could watch what happened and even begin to think that that was defensible conduct in any way or that it shouldn't be addressed with impeachment. a removal. i really don't know how. and i'll tell you, a lot of my colleagues today were watching that, felt like we were transported back to that day and the fear that we had, that we were going to die. and for me, i was literally maybe 15 feet between me and the door. there was no furniture to bar

the doors up in the gallery because that furniture is all bolted down, and we could hear them ramming at the doors, you know, pounding at the doors. we could hear the screaming, the all i can say is that these senators have to convict. i'm not saying i think they will, but i'm saying the stakes couldn't be higher for our democracy, for our future. i don't know how else to say it. >> people died. a lot of people were hurt. i was talking to senator klobuchar earlier. it's a provocative question. what would have happened if they got to some of you and hurt some of you? would that have been enough for the senators? what would it have taken? someone they like from their party?

these guys were coming after all of you. looking for mike pence. do you think that would change it or at the end of the day are we in such a proversion place people you were hiding with sharing the same fear got up and did totally different things when the vote resumed? >> that's what i keep asking myself. over and over again. what would it take? for these republicans to recognize their duty and not be holden to the cult of one man. it's all it is. his conduct was indefensible. you saw that with the attorneys today. they had no way to defend anything that he did or said. they provided a terrible performance. they had a terrible client. and so, i don't know what it would have taken. i don't think -- it just pains me to say this. i don't think even if one of us had been killed it would

necessarily change the mind of many of the republicans. i'm still holding out hope that some at least ten of the republicans will do what is right. and not damage our democracy, our future, our constitution. everything. with without convicting this president. >> let's talk about how things take shape in terms of taking care of other people who need it. the problem within the party and you'll say it's not a problem we're just discussing it. in my reporting the $15 minimum wage. there is a fairly solid con sen us you would have have problems with the parliamentarian. whether or not that is emergency spending or if it is spg that effects the budget. the response is it would be temporary. that may not be a fix. are you willing to consider that not being part of the bill? at this point.

>> i really don't see why we need to consider it not be part poft bill. it needs to go through the house and i'm actually in the middle of that mark up still that committee mark up and we spent a couple hours on it. the deep need to make sure we are lifting the wages of 30 million people lifting a million people out of the poverty in this moment of the pandemic. i firmly believe the score on monday showed us that there is substantial budget tear effect on the federal budget. i do think that it will be within the bird rules to consider minimum wage and it will be a massive boom for workers across the country. fron line essential workers. 25% are latin. 30% o black. we're talking about inequity and

injustice and burden. this is the right thing to do. and it's a structural reform that is far over due. >> what's the balance for you in terms of getting things done now and going big vs. incrementalism that may allow something so get done quickly. do you have faith in second or third bytes at an apple? >> we are in multiple cry cease. you have been reporting. this is not time for incrementalism. this is the time to go bold. the president has been clear. that's his belief. with the rescue package and with the recovery package. the build back better package we have to work on next. we have to put pete back to work. we can't do that until we crush the virus and get money in people pockets. the food lines in this country are stunning. >> the wost since the great

gr depression. we haven't had families hungry like this. >> 1 million people still every week are filing for unemployment. i think that we have to recognize where we are. the economists largely agree with us. we are going to push to get the president's package across the finish line. because it's what the american people want. i think it's funny when people talk about we need to make this bipartisan. this is bipartisan. 70% of people in some polls 90% of americans. republicans and democrats. believe we should pass the package and go big. look at the $15 minimum wage. florida in november in the pandemic just as they were voting for donald trump, they also voted by a two-thirds majority to pass the $15 wage. in georgia we won the election

in part pushing for the survival checks. and war knock and jon ossoff were clear they believe this is what should happen. we have to show people when democrats control the house, senate and the white house, we will deliver relief. relief that people can feel. feel like my government is working for me. they are helping me. that's what we're working on. and so far, so good. we preserved the threshold for the survival check. and we preserved $15 in the bill. i really believe that we can get it through and we shouldn't cave to one or two people that are worried about going big. we have to deliver for the people. that's what we promised. we have to keep the promises. >> let's do this. obviously you'll have the trial. on the senate side. after it will again in earnest. you're welcome on the show. regular time.

and we'll discuss the state of play and what's right and wrong about it. you made through the 6th. you can make it through anything. >> absolute lie i can. we're all in this together. we'll stand up for the people until the end. >> you don't have to agree. but you have to care about each other. >> thank you so much, chris. >> you survive january 6th, you're happy. tell yourself you're happy. life is not perfect. there are problems. somebody who is been introduced to trama before, when you make it through something like that, be happy. day two of the trial begins in hours. what we'll see tomorrow. or today. depending on where you are. the. that's why at america's beverage companies, our bottles are made to be re-made. not all plastic is the same. we're carefully designing our bottles to be one hundred percent recyclable, including the caps.

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