shown anew. i'll be back tomorrow when day three of the trial begins. we'll go on the air at 11:00 with that. we're not done tonight. the news continues. let's turn things over now to chris cuomo. >> appreciate the effort, great job as always. i am chris cuomo, time to take the baton. welcome to a live late night edition of prime time. special coverage of trump's trial day two. trial two, and it may not be the last. it's midnight here on the east coast. we knew the trump mob got dangerously close to lawmakers on the 6th of january, a day that must live on and in infamy. we knew that they were close to reaching vice president pence, whom some wanted to hang, but we didn't know how close. there are now new videos released by house prosecutors, and they show how this really came within feet of an all-out

massacre. our democracy came within feet of truly being on its knees that day. pence, pelosi, schumer, romney, so many others running for their lives, and there is video of that now, but still, jurors who live the nightmare themselves are apparently getting ready to look the other way. impeachment managers are trying to sway them by methodically laying out how trump laid the groundwork for the attack. they argued it wasn't just about one speech but a month's long effort by the ex-president to sow doubt about the election results. democrats will finish presenting their case in a few hours. let's dive further into the proof put forward wednesday with ryan nobles. >> democratic house impeachment managers spent day two of the trial against former president donald trump giving the u.s.

senators and impeachment jurors a chilling new look at january 6th. >> about 50 are charging up the hill on the west front, just north of the stairs. they're approaching the wall now. >> and throwing metal poles at us. >> reporter: in never before seen capitol surlveillance videos, the managers demonstrated how close the rioters came to many of the senators in the room. >> you were just 58 steps away from where the mob was amassing and where police were rushing to stop them. they were yelling. >> they showed video of former vice president mike pence being ushered out of the chamber as the mob breached the capitol. >> you can see vice president pence and his family quickly move down the stairs. the vice president turns around briefly as he's headed down. >> they reveal video of senator chuck schumer and his security

detail being forced to reroute his evacuation after confronting the insurrectionists. >> additional security video shows how leader schumer had a near miss with the mob. >> capitol police officer eugene goodman warns the senator to double back and flee. the managers making it clear if not for the brave and heroic action of the members of the capitol police, many of the senators listening to the testimony today could have been hurt or even killed. >> you know how close you came to the mob. some of you i understand could hear them, but most of the public does not know how close these rioters came to you. >> reporter: the new video and audio clips had an immediate impact on the senators in the room. >> we lived it once, and that was awful, and we're now reliving it with a more comprehensive time line.

i know what i was feeling in the senate chamber when i could hear those voices. i knew what it meant to be running down this hallway with my colleagues. >> reporter: but while it was easy to get republicans to agree the actions of the rioters was criminal, many say they can't tie it back to the former president. the legal theory they have is absurd said senator lindsey graham that somehow that trump's a secret member of the proud boys. impeachment managers never suggested trump was a member, but they did connect the dots between the president's rhetoric and the far right extremist group. >> when asked to condemn the proud boys and white supremacists, what did our president say? he said stand back and stand by. the group adopted that phrase, stand back and stand by as their

official slogan. >> reporter: and managers repeatedly insisting the president's inaction during the attacks points to his culpability. >> in the first crucial hours of this violent attack, he did nothing to stop it, nothing to help us. by all accounts from the people that were around him, he was delighted. >> reporter: and while the evidence is damning and their emotions are raw, most republicans still remain entrenched in their position that pinning the blame on the former president through an impeachment conviction remains unconstitutional. >> ryan, you were in the chamber when some of these never before seen videos were shown. what did you see in the reaction from the senators? >> you know, it's been a remarkable, chris to see in particular how the republican senators responded as those videos played. every single one of them that i

saw was paying very close attention. there were periods of time where they were nodding their heads in disappointment, even turning away unable to watch the videos because the emotions were so raw, but yet, when i talked to many of these same senators after the trial wrapped up for the day, it was amazing to see kind of the gymnastics that they performed to explain away their feelings. yes, what they saw was terrible. they hated reliving that moment, but they had a hard time connecting that back to president trump, and they continued to walk back into this process argument about it being not constitutional because the trial should not take place because the former president is no longer in office. and i don't think there's any doubt that these republican senators in particular were moved by what they saw today, but chris, we're in no different a place than we were when this trial began, and it still seems

very likely that the former president will be acquitted when this is all over. >> thank you very much. let's bring in john dean and the professor ron brownstein. john dean, you know, who knows better than you what the exact nature is of this type of inquiry, that it's not legal, and yet, you keep hoping that there were some type of sense of fairness or some type of sense of duty, and that just seems not to be here. >> certainly not with the republicans. they don't seem to grasp what's going on. if they do, they seem to struggle drawing inferences from testimony or information and evidence that shows the link between trump and these activities. but chris, one of the things i thought about today as they were showing this damning evidence of trump's involvement is what in the hell did he have in mind? what if this insurrection

succeeded? he still wouldn't have been president. his term expired on january 20th at noon. who would be president if nancy pelosi hadn't been killed, she would have been president. if she had been damaged or injured, it would have been pat lahey because that's the way the statute reads. if a president isn't selected, then automatically there's statutory provisions to fill that gap. >> obviously, i don't know that he had a plan. chaos can often be an end in of its. his thinking was obviously that this may be reversed, that you may get them to not certify the election. it would go back to the states, and there would be some kind of alchemy that would lead to a different outcome. the problem is he didn't need to have a plan. he just needed to play a role in what motivated the insurrection for this impeachment to find pay dirt, and they're obviously ignoring that fact, ron. and the irony as you keep explaining it to us is you're

going to have jurors who are not just witnesses but potential victims of the same group that they're about to glorify and forgive. >> not just -- not only witnesses but also accomplices in many ways. i mean, look, the most striking thing of the testimony -- of the testimony and kind of the argument today was showing that this was not something that simply happened on january 6th, that the president spent months priming his supporters for this kind of ultimate terminus of his presidency, arguing as the managers noted that the only way he would lose is if the election was stolen, telling them through they'd have to fight. he uses this language, this is our country, he would tell them, and they are trying to take it from us, and the they, not too hard to figure out, you know, claiming that the election was being stolen in cities with large african-american populations like philadelphia and milwaukee and detroit, and atlanta, and then, you know, i

thought, chris, in some ways the most revealing moment of the whole day was when the managers talked about the incident in texas where trump supporters tried to run off the road a biden bus and showed that the person who organized that attack also was central in the attack on the capitol. well, what happened after that texas incident? marco rubio went out on a stage and praised the people, exuberantly praised the people who attacked the biden bus, and that underscores kind of the implausibility of this entire process. many republican senators aided and abetted trump's efforts throughout both in terms of the big lie about the election was stolen, but also in kind of with king this kind of far right element into the party, and now they are going to deliver impartial justice on this? it's kind of absurd on its face. >> then we get to what the defense will do, counselor dean. i believe we have some sound of one of the trump attorneys responding to what was done today by the house managers.

>> it's not only that they wanted plenty of video time today, it seems like they want a lot of screen time for themselves. they're clearly, you know, playing to the cameras, to the public all of the time. does nothing for healing. it's the exact opposite. it's continuing to open wounds for the american public and it is something that president trump has condemned in no uncertain terms, the terrible violence that went on there. so there's not an issue about that. they're just hoping to drum up emotion. >> that's not exactly a defense. the idea of first amendment security being taken out of his context with his statements, that's what they're going to come with, that you do not have indicative language that a plus b equals c, that brandonberg would suggest that he was giving them direction and they followed the same. >> well, chris, if that is telescoping what they're going to do, hopefully they're going to be very brief in their

presentation if they think that the very succinct presentation by the house managers was any sort of screen time grab by them. i thought they took a lot of evidence and distilled it remarkably well and connected the dots. so they're up against stiff facts. they don't really have good arguments. the first amendment doesn't really solve their problem. they've got to make a lot of hard evidence go away, and they don't have any defense against that, so i guess they got to find some sort of diversions. and lord knows what they'll be. they're obviously not going to tell us on fox news. >> here's what i have heard, i don't know if it will come it pass, but it sounds very much like the former president, ron. you know the leonard cohen song, you want it darker. you want it darker, we'll kill the flame. and the defense may be going right into the belly of the beast. show your own video of the riots

from the summer and say you people didn't want to impeach anybody then, but now you do because it's trump and it's not the blacks and their allies and black people and people you care about. it's just the poor old white folk who keep getting cut out of the deal, and that's all this is about. what would that do? >> well, that would kind of peel back the face even more explicitly of what this is all about. as i said, trump started his political career with a racist conspiracy theory that barack obama wasn't born in the u.s. and thus wasn't eligible to be president. he ended it with a racist conspiracy theory that the election was stolen in cities with large african-american populations, even though his vote declined in white collar suburbs, he never accused oakland county, michigan, and cobb, he accused atlanta and philadelphia and detroit. >> right. >> his message all the way through has been i am here to

protect you against these demographic changes that you think are displacing you from your position, you know, atop american society, and look, i think if you take what we are watching in the senate, the willingness of all of these republicans to forgive trump's clear role, palpable role in fomenting this violence, and you couple it with what just happened in the house with marjorie taylor greene and republicans basically saying we will accept you, i think we're seeing the message from the mainstream and republican party that the extremist element at this point is just too big to confront, too big to kick out, that you can't kind of confront it head on without endangering the party's political prospects. and i think that is kind of the ultimate triumph of a trump card for trump at this point in the senate. >> gentlemen, appreciate you as always. john dean, ron brownstein, sirs, thank you. we're learning about what could be a major break in the case of officer brian sicknick. that is the officer that died the day after the capitol riot.

there is new video helping investigators understand the circumstances that may have led to his death, and we'll show them to you next. your next celebrity cruise is ready for takeoff, with our biggest air offer ever. save on every flight, from every gateway, on every sailing. and, with drinks, wi-fi and tips always included for everyone, you have everything you need for an unforgettable vacation. celebrity cruises. sail beyond.

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investigators believe that they're getting closer to answering one dark looming question from january 6th. how did officer brian sicknick die? let's bring in evan perez. before we talk about the proof that they've discovered that we can play for the audience, what is the evolving theory? >> well, chris, the theory that investigators are going on is that there was perhaps a chemical irritant, perhaps bear spray that was sprayed on these officers including sicknick as they're engaging in hand to hand combat with these attackers and that that caused -- ended up

causing the fatal reaction that killed him. remember, after he's engaging with these -- the rioters, he goes back to his office, later collapses, taken to the hospital, and dies the following day. investigators have spent all of this time, days and days looking at hours and hours of video, different types of surveillance video capturing where he was, and it wasn't immediately clear what exactly caused his death. >> and so that's one of the struggles in this investigation. it's been a struggle so far, and so the idea that they now believe they have new video, as you mentioned, new video that they believe helps them narrow the number of suspects that they're working with to just a handful is a significant break for them. again, this is a top priority for these investigators. they want to know -- they want to be able to bring federal

murder charges against whoever is responsible for this crime. >> now, we have audio that we want to play of this. just one quick side question. was there an autopsy done of the officer? >> there is and none of that is publicly known. we know that they've done -- they're still waiting for a final medical examiner's report. one of the things that initially, chris, was believed was that perhaps he was struck by something. >> right. >> perhaps there was a report that he was struck by a fire extinguisher. that turned out to not be true. and so there was no indication of blunt force that would have caused his death, and so that's, again, one of the mysteries here that they've been working on. one of the things that makes it difficult for you to bring murder charges -- again, that's one reason why this new video is so key. >> right, so let's play that for the audience, and this is what's helped the investigators narrow down the world of possibility of

where he was and what was going on around him. let's listen. >> the crowd is using munitions against us. they have bear spray in the crowd, bear spray in the crowd. dso, dso, i need a re-up. >> you hear just how desperate, how outnumbered these men and women were. that is not officer sick nnick, but the relevance to investigators is what, this is the detachment, the area where he was and their description allows them to start zeroing in

on what was going on around sicknick? >> the importance of that sound really kind of, i think it crystallizes what these officers were going through, and one of the things we've heard, chris, from some of the folks who were there was that the attackers were in some ways better armed than the officers. they came with these sprays that could project from a longer distance than the pepper spray that the officers had, for instance. that's one of the things they had, frankly, they were at a disadvantage. and what you're hearing in that audio is you're hearing obviously just the harrowing sound of an officer who's overwhelmed. his buddies are overwhelmed, his entire team is being over overwhelmed, and one of the things that is being used against them is this bear spray. again, if this is the thing that ends up causing the reaction, you know, the fail tal reaction

officer sicknick, that is key to this case. there's so much work that needs to be done, and i think that's part of why they're working so hard to try and solve this. >> them narrowing it, especially with him being the signature homicide of that day in all likelihood, the efforts are extraordinary. evan perez, thank you. appreciate you. now, let's talk about who was there that day at the capitol because, again, you know, i've used different colorful language to describe the threat. introducing oath keepers, neo-nazis, white nationalists, the proud boys into the mainstream dialogue was a mistake. now let's bring in somebody with experience in that area, fbi's domestic terrorism squad before he worked his way up to deputy director, andrew mccabe. you know, earlier, andrew, i had on a lawyer for one of the proud

boys members who was there initiating the attacks on the capitol, and you know, he's singing the same song, which could be very damaging in trump's trial that, hey, look, he believed the president, he thought this happened and that happened, but i went after this lawyer differently because the proud boys are not some hapless group of people looking for guidance. they have their own malicious agenda, and now they've been introduce instead a way that they can radicalize a whole new reach of people that they would have never had access to before trump. >> that's absolutely right, chris. and that's one of the things that makes this attack on january 6th so unique and so uniquely devastating because you had the confluence of a number of different groups. you've got the proud boys. you've got the oath keepers. you've got the 3 percenters, white supremacists. all these formerly kind of

singular, kind of niche groups that stayed in their own circles, they have all been united under the flag of stop the steal, and supporters of president trump. of course some of them, the proud boys in particular have been, you know, recognized by the president in his comments during the debates a few months ago. so to take all of these violent extremist groups and bring them together under one flag, under one cause, i mean, that gives you the incredibly volatile situation that we saw in the capitol. >> now, we'll do with the intent, and then we'll do after effect in terms of the radicalizing. this guy pezzola who they're focusing on, the authorities say there's no information he's changed his mind about fomenting rebellion since january 6th. his attorney was trying to push back the idea that he had any bad intentions other than vandalism basically. what did they find and what did they know about what the intentions of that group were on that day? >> well, i think what they

found, chris, and i'll say what they're alleging in the charging documents against many of the members of those groups is that there was an advanced effort to plan, to coordinate their activities, to hide their typical proud boys regalia, you know, they're famous for their black shirts -- >> infamous i would say. >> -- yellow with the trim on them. better word. they kept all that stuff undercover. they all wore these orange, you know, like knit caps to be able to identify each other but to blend in with the crowd. so this is a high degree of planning and intentionality that they bring to their activity, even before the riot really cooks off. it's evidence like that that's enabled federal prosecutors to charge many of them with conspiracy in addition to the violent acts that they have proof that they were involved in in the capitol. >> now, what is the continuing threat concern for you about

what trump has empowered these groups to do now? >> well, you know, they are operating now on an entirely different level. as i mentioned before, you know, prior to this sort of recognition, prior to this sort of infamy, they kind of existed in the back water of domestic extremism. these activities, the attack on the 6th, it brings them out into the open, and it imbues them with a level of, as they see it, success. they will look back on the attack on the capitol as, you know, the day they'll never forget according to the president's directions as this incredible success of rising up against what they perceive as being some sort of illegitimate power that's keeping them all down. this will be an inspirational moment, a radicalizing moment that they will use to recruit additional members, to bring people into the fold, and to really increase their numbers

and expand their influence. i see it as really a turning point in the domestic terrorist movement in the united states. >> imagine what it will mean for them if trump is acquitted and comes out and declares it a victory, and says they're out to get us but we won. they will co-op that entire enthusiasm as if it was their success as well. andrew mccabe, thank you very much. >> absolutely right. >> appreciate it. so what do you do as defenders of the president? how do you counter all the things that were said, all the timing, all of these different people involved in the insurrection who say why they went there and the word trump ke keeps coming out of their mouths. that's the question, right? so that's what we have to look at. what are they going to do? what are they going to present in terms of what they can do, all right? and what do we think about from a communications standpoint? that's where anthony scaramucci is going to come in. he's going to talk about what the messaging is here, what this means, next.

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house managers laid out a damning case wednesday because the facts are obvious.

it's about what they will mean to the jurors. so in a few hours, they're going to try to build on that, they're going to wrap up their arguments today, thursday. a source tells us trump's defense team is now scrambling to counter democrats by producing their own videos. now, what will this be about? it's all about messaging. i want to bring in anthony scaramucci. anthony, now i had heard, again, i don't know if it's going to happen but that they wanted to show the riots from the summer and say look at all this. you guys didn't care about this then. you didn't want to impeach the politicians who were saying this was okay. media wasn't crazy about this. you're just going after these people because they're white and it's trump and that's the politics you're playing on the left. and that will give them the cover to acquit. >> you know, the president wants them to do that. that's obviously a narrative on the other network. they've been running that in their prime time.

and you and i know that's what aboutism. you and i also know from an evidence case in law school, none of that really matters. that will be a series of distractions, chris, and it's very similar to the distractions that were provided by the president's legal team in his first impeachment. they always move for the what aboutisms. i do predict that that will happen, and he will likely get acqu acquitted. the setup right now from people like senator graham and others is to sweep this under the rug, focus on the 2022 congressional election, make the bet that their base will forget about this and independents and moderates will be apathetic towards it. i think they're making the wrong decision, however, because that party's about to splinter into two pieces. i think what's happened over the last three or four days has fortified a very large group of people that were former republicans that are like, okay, if you're not going to put this guy lights out based on the evidence and you're not going to make him guilty or convict him

of this impeachment, of these crimes, that party's going to split into two pieces. and again, i don't know if it's going to be 60/40, 70/30, it's not really going to matter because it will split enough to where the party will be diluted and completely weakened. >> are you part of this? >> i am part of it, yes, working very hard on it right now. >> what are you being so secretive about? >> i'm not being secretive. >> a little bit. >> you're talking about they, them, they. >> you know exactly what's going on, you're part of the group. >> yeah, well, i'm bringing it up on your show. we're working on it right now. >> you got a name? >> working on it. working on it. it will all -- you know, it will all unfold. listen, there's people like myself, i'm not ready give up my republican registration yet. i still hope against hope here that they will do the right thing and figure out a way to knit the party back together and people like romney and sasse and murkowski will win the day and

that leadership will guide people to the right conclusion here, but you've got a very strong fervent cult-like magnetic draw to this party, and you've got all of that bluster and intimidation, which makes me laugh as a new yorker that these people are honestly intimidated by donald trump. whatever, we're here now. but i see that party splintering, chris. if you're asking me for a prediction on the air, i see them acquitting him, and i see 5 to 20% of that party breaking off and starting a new party. it will be a center right party that will be cooperative with the democrats, and it will liquidate the nonsense on the far right. >> you got an open forum to discuss it on cuomo prime time when you guys decide if you're going to take that kind of step. i think you should call it the grand old party and call yourselves republicans, and call the rest of them rinos because

they are republicans in name only because trump is not about your party, never has been. >> we could make you the comps director for 12 days, how's that, chris? >> can't afford me. >> want to give you at least one more -- >> can't afford me. >> i know you're competitive, so i want to give you one more day than me. >> i don't know if i could make it longer than you playing any kind of partisan game. i think we should have like four or five parties. but in terms of the messaging, that's what gives them the cover, the fig leaf to hide behind to acquit is that this is not fair to trump because the idea of fighting the facts, oh, he had a first amendment right to say, it was protected speech and taken out of context, they don't believe that that can really wash, right? >> no, they know that. there's nobody -- i mean, you can just see the lawyers' faces. you don't need a body language expert to look at his lawyers fumbling around to try to make a case and also recognizing from

hundreds of years of case law related to what protected speech is and how incitement of violence is not protected speech and as we discussed last night, the president disavowed his constitutional oath. he's not allowed to do what he did. he's not allowed to incite violence. he's not allowed to disavow the peaceful transfer of power. those are things that are in direct violation of his oath of office, and those are the things that are clearly stated in the constitution that deserve to be impeached and convicted. so they're going to let him off for political purposes, and they're going to rue that day. they're going to look back and say, wow, this was a very big mistake at a time when we needed real leadership, all we got was political expediency, and so you know, listen, there's a tough very strong group of people in the united states that want to combat these people, and i think the facts that have been elucidated are going to fortify that, and you know, most of the country is against this sort of

nonsense. i think that's the good news for the country. >> what do you see him doing when he's acquitted, if he's acquitted? >> i think -- yeah, see, i think he does exactly what you guys were talking about earlier. i think he gets out there as a great champion. he tries to find a microphone somewhere. he's a very insecure guy, and so without that twitter feed, he knows he's -- his mega phone, if you will, is not as powerful. it's not clear who's going to follow him. maybe there's a few fringe right wing media groups that will put him up on the air. i think normal people, normal networks won't put them up on the air. >> you think so, huh? >> i'm sorry? >> if he calls a network and says i want to come on and talk for an hour, you think they'll say no. >> he's not going to do it. he couldn't withstand the questioning from you. he'd melt like an orange candle. he's got to go to a podium and

do the nonsense he does like a jamboree session. if he was willing to do that, of course you guys would put him on. he's not going to do that. he's going to be in that one way zone where he's talking half after a teleprompter and half extemporaneously trying to rile up a group of people that are still with him, and then he's got to try to find out a way to raise money off of them. he made more money from november 3rd to january 20th than anytime in his life. he's going to try to run the register on these people. he knows they're gullible and he'll be out there raking them over the coals. >> the most interesting aspect of this to me is the unknown, what that party will do, what role you'll have in that, what kind of critical mass you can get. this game of attrition and white fright, it's just not a long-term winning strategy, and it's not what your party has been about. so i look forward to seeing -- go ahead, last point to you. >> just imagine one quick thing, if senator murkowski and romney

went to mcconnell and said to give you a heads-up, we're going to caucus with the democrats if we don't convict this guy. there's a lot of power in the process right now. so we'll just have to see how it unfolds. >> except republicans don't like what the democrats are about, and forget about the polls that are out there right now that say, you know, democrats see republicans as o'powe opponents republicans see democrats as enemies. they really are afraid of the democrat policy. you're going to have to walk that line. >> i agree. >> i don't know if they like hearing that your new party would like caucus with the democrats. i don't know how that would work with real republicans. >> listen, let me tell you something, you're not going to have a choice. you can't caucus with a radical fringe of people that are prone to violence in a democratic republic. you're forced into box, chris. i get the fact, look, i'm not in

love with a willot of democrati politics. i'm a socially inclusive person. i'm not in love with those policies, but the flip side is you can't destroy the democracy. you have to have an order of principles in your mind. the first thing has to be the preservation of the democracy and the constitution. the thing that got your grandparents and my grandparents over here to allow you and i to live the american dream. we have to preserve that over everything else. forget the policies. the policies are secondary to the preservation of the democracy. >> one idea and then i'll let you go because they're going to yell at me that i'm taking too long. i've been reading about this idea. i think that you have to be present for the vote. i think that they may come and get you, the sergeant of arms, for this. i think it's an obligation, but if it weren't, do you think you would have an idea, a chance of getting 15, 17, 18 of real republicans to not show for the vote, so they wouldn't be on the record of having voted against trump, but they would have

enabled a conviction? >> there's a lot of talk of that in washington right now, and so i'm in your camp. they should be present to vote. it should be an upfront and public vote, but yes, there is a lot of talk of that. that's the stuff -- i hate to sound cynical, but that's the stuff that i hate about washington. just show up and vote, vote your principles, vote objectively, and who cares if you lose the election. the country and the sanctity and the survivalship of the country is more important than that. >> right. but by the way, it wasn't supposed to be permanent anyway. it just reveals another problem with the system is that you're so afraid of not being in power anymore. go get a job. anthony scaramucci. thank you very much, appreciate you. w we'll be right back. ♪ ♪ (quiet piano music) ♪ ♪

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all right. we need to talk about schools. of course the impeachment trial is a big deal, and of course

it's really stalling efforts to get stuff done on the pandemic, but there are going to be challenges here, okay? the biden administration on school reopenings and what happens on this 100 day plan is starting to draw some fire. take a listen. >> when president biden talked for the last couple months, particularly during the transition about reopening schools within the first 100 days, why didn't he ever mention the small print that that was just going to be for one day a week as the goal? >> well, again, the president made -- set a goal of reopening the majority of schools within 100 days, and when you asked what that meant, i answered the question, so we are -- that is the -- that is not the ceiling. that is the bar we're trying to leap over and exceed. >> now, my suggestion, forget about the fact that the question came from fox and that guy never showed a scintilla of curiosity about anything that trump was lying about and saying, yeah, we should all go back to schools

but had no plan, put it to the side because we still have the same problem. okay, in-person learning one day a week is not being back at school, okay? many schools across the country are already doing that and more. so where is the bar, but more importantly where is the plan as a function of where i don't believe the science is telling people what the politics is telling them anymore. let's get insight from infectious disease doctor. and former press secretary. beautiful mix for this. thank you especially at this time. >> doctor, what i said there, i don't know that the science is tracking the way the politics is right now. for one reason, i don't think we have a great handle on what's happening in school. i don't know how they get the data. do you believe that we have seen

in the science that the disease the virus is moving at a rate now in schools where we can feel better about kids being there? >> i actually think that she's correct. you can open up schools again. but, there's a big but. you have to do so many things right. everybody wear a mask. social distancing. staggered start and stop time. don't send the kids all to the cafeteria at the same time. disinfection in the school. even better if we could make every adult in the school part of the front line essential workers and vaccinate them. if we did that we would not only secure the school for the point of view of covid, we would also attack a second epidemic out there. anxiety or fear on the part of the teachers.

if the schools were open, the parents would cheer because they could concentrate on doing their work in the economy again. >> that's the problem for the biden. if you have to do all those things and that's what's happening. schools will open. i need ventilation and separation. and equipment. my teachers don't want to come in and unions are saying we're being held out to dry. i don't know that biden has given them money they need. we know he hasn't. i don't know it's coming any time soon. i don't know why they slow walk the let teachers get vaccinated. what are the answers? >> well, i think primarily the science is optimistic. the doctor talked about that in a briefing last weelk. the real problem is resources. the republicans in the senate have said that supplying money to states and local authorities, cities.

is a non-starter for them. they use the non-sense talking point that democrats are jurs trying to bail out badly run states and cities. to do all of the things that the science says you need to do particularly things like increasing ventilation. you need resources and money. that's in the recovery package. they are taking the most aggressive way to do it. reconciliation. going without republicans. even that takes a few weeks. >> why talk about opening schools when you know they don't have the money and time to open? they put themselves in a trap. he should have said to the fox guy i'll tell you why we can't open. you did nothing. you said open the schools sp didn't equip them. didn't give them money or guidance. we're way behind. should have asked questions then. she didn't. you have a mismatch. of mentalities.

let's play the sound bite back to back. >> there is increasing data to suggest that schools can safely reopen. vaccination of teachers is not a prerequisite for safe reopening. >> doctor spoke to this in personal capacity. we'll wait for the final guidance. >> what does that mean? you're not in the messaging business. why wouldn't the teachers need to be vaccinated? when they are largely an at risk group and at risk people at home. why wouldn't they have to be in. >> it beats me. if they had all the resources and we have been talking about that, then you could do it rather safely. but i think in the current environment it would be a really good idea to put all those adults who were working the school, custodians, food service workers. everybody. in the first line of people who

do get vaccinated next. and that would satisfy them. reduce their anxiety. give them a desire to go back to school and make the parents all very happy. win, win to me. >> appreciate it. we'll be back with another hour. of late live special coverage because this was the second day of the trump trial. and it's going to matter. what happens next in the country.

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from endpoints to everywhere. welcome back to "prime time." i'm chris cuomo with more live special coverage of the trump trial two. day two. it's 1:00 a.m. in the east. prosecution will wrap up its case today. or later today.

and then tomorrow. now, what will that look like? i don't know. we'll see. depending on what coast you're on it's either later today or sometime tomorrow. we're all in this together. we understand the moment that we're living. they have up to eight hours left to make their final argument. then the defense is up. what will that look like? it's unsure. it will be a messaging mission than it will be about rebutting factual presumptions with facts. i don't know how they'll do that. house impeachment managers served up plenty of proof so far. tieing the ex-president to the deadly insurrection. what is better evidence than the people who were active in the insurrection saying they did it because of trump urging? you can't unsee what we were shown wednesday and what you heard wednesday. and we can never forget what happened on january 6. it was not just a riot.