. thanks very much for watching. i'm wolf blitzer in the "erin b right now. out front next, breaking news, cnn's k file reporting an ally of qanon supporter marjorie taylor greene was among those in the capitol mob and declared on video that the rioters were trump supporters. that is a fact. republican senator ron johnson is doubling down, pushing a conspiracy theory they were fake supports. bride den revoking a number of trump's executive actions. the details ahead as we're learning more about the horrific

car crash that sent tiger woods to the hospital with serious leg injuries and surgeries. the l.a. county sheriff is out front. good evening. i'm erin burnett. out front tonight, the breaking news, our k file reporting tonight that a close ally of congresswoman marjorie taylor greene took part in the january 6th insurrection. the conservative live streamer anthony aguero who has worked close with her on things like immigration at the border, who has attended trump rallies with greene, all those links, he said this. >> we were all in. it was not antifa or blm, it was trump supporters who did that yesterday. i'm the first to admit it, being one myself. >> okay. stay in the fact. it was trump supporters that did that. we all know this, right?

we know this. this happens to be a fact. the reality of it is, it flies in the face of a french conspiracy theory being pushed by republican senator ron johnson that he's doubling down on tonight. this is what he read during yesterday's hearing on the deadly insurrection. >> although the crowd represented a broad cross section of americans, mostly working class by the appearance and manner of speech, some people stood out. a very few didn't share the jovial friendly demeanor of the great majority. some obviously didn't fit in. he describes four different types of people, plainclothesed militants, agent provocateurs, fake trump protesters and disciplined attackers. these are the people that probably planned this. >> all right. that's not true. it's a lie, that a united states senator continues to put out there. it's pretty incredible. mitch mcconnell has taken this

down. kevin mccarthy has taken this down. it's false. the fbi has taken it down. yet today, senator johnson said to our manu raju that he would put that stuft out there again. >> do you regret putting that article in? >> absolutely not. >> why not? >> it's an eyewitness account for a pretty knowledgeable trained observer. it's no conspiracy theory. have you read it? >> i saw your comment. >> read the article and ask me questions. >> you'd do it again? >> absolutely. we need the full perspective. >> we need the full perspective? we have the full perspective on who was there doing the attack. is that full perspective now what johnson is calling lying to the american people? some of johnson's fellow republicans, though, seem to have no problem with what johnson is saying about what

happened on january 6th. >> i mean, having all the information on the table i think is a good thing. obviously that was a dramatically different view of the day than we heard from the captain who was testifying or chief sund or others. i don't think it hurts to have that information out there. >> this is not putting information out there, as if it gives a clearer and more complete picture. this is inaccurate information. this is putting known lies out there. let me say this again. known lies. that is wrong. by the way, it does hurt. five people are dead because rioters believed the lies that former president trump had been telling for months. putting those lies out now is still hurting. trump supporters, some of them continue to believe it, even after the insurrection. days before biden was sworn in as president, this is what trump supporters said to our ed lavandera. >> i want my president trump standing up there being inaugurated as the next -- as an

extended president of the united states. all i can say is the biden and kamala would never be my president. >> man no raju is out front on capitol hill. manu, pretty incredible exchange between yourself and senator johnson. we know the facts here. as mitch mcconnell said, these were people wrapped in trump flags, chanting in his name, as kevin mccarthy told trump in that heated call that day, these are your people, your supporters. yet senator johnson is continuing to put this out there, and other republicans are still saying it's information. >> reporter: ron johnson has actually been making that case publicly for -- since january 6th, essentially. he's told me repeatedly he does not think the people that came into this building are the same trump supporters that he knows, suggesting at yesterday's hearing that perhaps, according

to this eyewitness account that he referenced, that it was not trump supporters leading the charge despite the testimony, despite what law enforcement officials say that, in fact, it was very much trump supporters who were in this building, including the videos that everybody has seen for weeks and weeks and weeks of pro trump demonstrators in this very building. i tried to ask him about that, what happened and he's facing criticism from democrats, some republicans, too, about his remarks. he said he would not do anything differently. in fact, he said he would do exactly the same again, suggesting that we need the, quote, full perspective of what's going on. but there's been some republicans, like congressman adam kinzinger who called senator johnson's comments -- some do align themselves with senator johnson and one

republican who also does, erin, the former president donald trump who has spoken to johnson in recent days as well. johnson, too, erin, the big question will be what he decides to do come next year. he's up for re-election. he has not decided whether or not to run, but clearly believes using the trump base as an effort to win back his senate seat in that pivotal state that joe biden won, wisconsin. >> if he does, he's made his bed. we know which ways he's going. manu, thank you very much. that lie being put out there, this all didn't stop on the senate side today. i want to play this stunning exchange during today's house hearing on the u.s. postal service. watch this. >> democrats spread false information and really blamed republicans and the previous

administration and the post office for an attempt to co-opt the 2020 elections. >> it was all a charade, all under the guise of creating this crazy chaos they wanted around the election relative to mail-in balloting. >> all the gaslighting that e with just heard does not change facts. it was donald trump, the republican nominee, who was planting the idea aided and abetted by disruptive changes proposed by a new postmaster general and a compliant board of governors that actually eroded public confidence in the ability to vote by mail. that wasn't a democratic narrative. that was a republican narrative by the president of the united states and his enablers. i didn't vote to overturn an election and i will not be lectured by people who did, about partisanship. the facts are stubborn things.

>> facts are stubborn things. on this, congressman connelly is correct. here is president trump in august 2020. >> they need that money in order to have the post office work so it can take all these millions an millions of ballots. if they don't get those two items, you can't have universal mail-in voting because they're not equipped to have it. >> drk congressman jerry connelly from virginia, i want to get to you hearing that exchange in a moment. first, the breaking news we began at the top of the program, our k file is reporting that republican congresswoman marjorie taylor greene is a close ally of someone who was in the capitol mob, someone who says he was there, very open about it. said he was part of the group that made it inside the capitol. the k file looked back at all the records here, greene has called this man, quote, amazing, a friend, in now deleted videos.

she attended pro trump rallies with him. what is your reaction? >> i find the words and behavior of marjorie taylor greene repugnant. i believe she has no place in the united states congress and i have called for her expulsion. her association, by the way, contradicting ron johnson, with somebody admitting he's an avid trump fan and participated in the insurrection only furthers the sense of repugnance about this individual. >> look, as i said, mitch mcconnell has made it clear who these people were. kevin mccarthy made it clear in his phone call with the president. the fbi said there's no evidence that this is anything other than exactly what it was, right, trump supporters. as you say, republican senator ron johnson is saying it's fake trump supporters. obviously you have marjorie taylor greene's friend saying

it's trump supporters. how dangerous is it to have them out there pushing this lie? >> this is more gaslighting by republicans and it's very disturbing. don't believe what you see and what you know. believe what i tell you. we saw that in the postal hearings before our committee. it is an alarming pattern from all-too-many prominent republican figures starting with donald trump and being perpetuated by the likes of ron johnson and jim jordan and, frankly, from jody hice today. >> we heard in that exchange with you, mr. hice. look. i've talked with you many times over the years. this was a stunning moment. you were clearly passionate. obviously the facts are is that the president of the united states said mail-in balloting was corruption all the way through. what you said was i wodidn't vo

to overturn the election and i won't be lectured by those who did. facts are a stubborn thing. it seemed to me that was something that came to you at that moment, that you felt that way at that moment, it was spontaneous. >> mr. hice who voted to overturn the legitimate valid election results of two states, and, by the way, joined in the lawsuit to try to overturn his home state of georgia, nonetheless decided to lecture democrats for daring to exercise their first amendment rights and criticize the postmaster general of the postal service. i thought that was really a bit much. and then, to make it all special, mr. jordan comes along and declares that the narrative that the postal service changes inaugurated by dejoy, the now postmaster general in the summer, were designed to have a

negative political effect on the election in november was a charade. i pointed out there are federal judges who specifically enjoined those changes and said they were designed to have a political impact on the election. >> before we go, i want to ask you one more quick question. you talked about partisanship. there's a 9/11-style commission that may happen in congress to investigate what happened on january 6th. speaker pelosi has a proposal, seven democrats would be on the group, the commission, four republicans. republicans say it should be even. 9/11 commission, people who were on that also say it should be even. do you think it should be even if this is truly going to be a bipartisan investigation? >> all other things being equal, that would be a desirable thing, but we don't live in the world of 9/11 anymore. we live in the world of ron johnson and jim jordan and jody hice who want to fabricate

reality and deny things that happened, and so giving them a platform i think is a terribly destructive and risky thing. so i support the ratio being proposed by the speaker to take cognizance of an environment we now live in, sadly. >> congressman, i appreciate your time. thank you. >> my pleasure. any time. next, the breaking news, biden taking a big step tonight to roll bactrim's executive actions, this as we're getting new reporting about a big miscalculation in the widen white house about the president's most endangered nominee. the fda facing an urgent decision about a single-dose vaccine that could get to millions of americans as soon as next week. i'll talk to the sheriff of los angeles county. did tiger woods tell authorities anything that could answer what caused the crash? he protein you need with less of the sugar you don't (grunting noise) i'll take that. yeeeeeah! 30 grams of protein and 1 gram of sugar drink, play, and win big in the powered by protein challenge!

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i've been here all weekend. you can leave anytime you want. no! ahhh! never go to a dealership again. well, that was painless. go to vroom.com, buy a car and we'll deliver it straight to you. breaking news. a significant miscalculation by the widen white house. multiple aides saying biden's team was so confident that the party would get behind the nomination of neera tanden that they barely reached out to republicans. now some white house of firms are conceding that the nomination may fail. >> there certainly is a chance that neera tanden's nomination to run the budget office may not survive the week. that's the big question.

we should note the senate committees that were supposed to, they postponed those because what we heard from senator bernie sanders who leads the budget panel said earlier tonight, they did not have the votes to get neera tanden through that committee vote, to move her on to a wider senate vote where it's still not clear she has the votes. we should note that white house chief of staff ron klain was next door to me doing an interview. he said they're still searching for a republican to vote for her given the fact that we heard senator joe manchin say he's not voting for her. there are so many concerns that we're hearing from democrats and republicans alike about her past tweets. that's a big holdup in part of her nomination process that's happening. but also the question about the outreach that's happened to republicans. because we heard from people like bernie sanders who say he did not get a heads up from the white house before they said they were going to nominate her to this position, but also critical votes that could have helped pull her across the line saying they didn't get a lot of

outreach from the white house either. what we are hearing from the white house is they are doing that outreach tonight. they're trying to get a republican to vote for her. whether or not it's going to be lisa murkowski of alaska is still a big question. she was unaware. tonight she told our colleagues on the hill of tweets that neera tanden had sent about her. she said she felt like she still needed to look into her before she could make a final decision on what she was going to do with her. we should note that's what's happening at the white house. there's a real chance that nomination could fail. the white house is standing by it for now. we should also note that tonight president biden did sign executive order rolling back some more of his predecessor's moves, including the executive order that said they would review funding for cities that allowed anarchy and chaos to happen. that was targeting some of the cities like new york, portland, the president was unhappy with. it rolls back his memorandum that he wanted all federal government buildings to be made in a certain style, built in a certain style, serb

architecture, just seeing another step from president biden tonight trying to roll back what former president trump had done. >> all right, kaitlyn, thank you. bill kristol, editor at large at the bull werk and glor gentleman borger. how did the white house miss calculate so badly on this. at the very beginning this issue came out, right, a lot of these tweets which were offensive, personal and partisan. they came out really early and they don't seem to have seen this coming. >> they weren't a secret, first of all. >> they were tweets. >> everybody in washington knew about that. but i think the white house's feeling was and remains to a certain degree that neera tanden was somebody who could possibly get some republican support. she was, after all, endorsed by the chamber of commerce. even mitch daniels, the former republican head of the office of management and budget, former governor of indiana had said she

would be fine at the job. so they didn't do as much outreach perhaps as they should have because they also thought, once they got control of the senate, sure, they were going to get all the democrats. well, it isn't working out that way. once joe manchin of west virginia said not so fast, i'm not going to support her, i think they realized they were in a lot of trouble. >> bill, to this point, though, it is interesting, you had criticism from for her from the likes of bernie sanders and they thought they would get republican senator. republican senator john thune said this isn't about tanden's tweets but he did say, i think your digital footprint should be a reminder that stuff is all going to come back to bite you at some point. here is what senator john kennedy said. >> i'm not saying she's a smoked turkey, but the smoker is warming up. i don't think it's just her tweets. i think her tweets are the

manifestation of an attitude that concerns both democrats and republicans. >> as i said, bill, multiple wrongs don't make a right. kennedy stood there and defended tweets i think of an attitude should concern every person on the planet from the former president, had no problem with those. >> it's all in my view is ridiculous, kind of ridiculous to blame the white house. maybe joe biden should have realized so many of his former colleagues were just babies and the one thing they couldn't stand, some tweets were fine. all kinds of other vitriol. mike pompeo was confirmed 66-32 for the cia in 2017. that is traditionally a non-partisan job. pompey was a tough republican congressman. he got 66 votes. all the republicans and a bunch of democrats. neera tanden who ran a major think tank, tough-minded policy

expert but who was involved in politics and criticized a few senators, and now they're going to defeat her. also, who knew about manchin? he had his own issues for the biden administration. he's going to vote for the stimulus package, relief package. he wants to show independence. he's taking it out on neera. i'm a friend of hers so i'm a little bias. as if the tweets are an issue, it's ridiculous. senator kennedy gave it away, it's not the tweets, well it is the tweets. >> he went on television in 2019. >> compared to all the people they confirmed, neera tanden is the one that goes down. >> he defended, gloria, senator kennedy did, a racist tweet sent in 2019. he didn't just ignore them, but defended them. it's not good to do moscow mitch either. >> if you have a problem with neera tanden's policies, and brs might, for example, take her on

on that if that's what you want to do. it's absurd, beyond absurd for these republicans who pretended, by the way, that they never read donald trump's tweets. >> oh, i haven't had a chance to see that today. >> wait a minute, i've been too busy. suddenly they have been cataloguing every tweet neera tanden ever sent? i mean, it is absurd. if you don't want to confirm her, if you don't want to give joe biden his pick, just say it and tell people why. but hiding behind this is beyond ridiculous. >> so, bill, republicans are, though, very divided on the path forward for the party. maybe neera tanden is something they all can get on one side of. it was abundantly clear today from house leadership that they have hit a fork in the road and there's no reconvergence happening here. i want to play what happened when a reporter asked house

republican leader kevin mccarthy and house republican conference chair liz cheney whether trump should be speaking at the conservative political action conference, cpac this weekend. here are the two responses. >> yes, he should. >> that's up to cpac. i've been clear on my views about president trump and the extent to which following january 6th, i don't believe that he should be playing a role in the future of the party. >> on that high note, thank you all very much. >> and then they literally both go the opposite direction, bill. you can't have a deep divide like that continue for long. >> well, you can, partly because so many more people are on kevin mccarthy's side, unfortunately, from my point of view. it was indicative mccarthy went off one way with aides following

him and liz cheney went off in the other direction alone. ten, 15, would have the say that maybe it's not great to have donald trump out there front and center? a huge majority of the party is with kevin mccarthy. >> thank you both very much. next, a former member of biden's coronavirus task force warning of a potentially catastrophic new surge that could be just weeks away. why? michael ol' center home is my guest. plus the l.a. county sheriff out with the latest on tiger woods' crash. new developments this hour. it's ridiculously fast. buy samsung galaxy s21+ 5g. get one on us. only on verizon.

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coronavirus strain in new york city. two separate teams of researchers say they found a new variant in new york and in the northeast that could evade a vaccine benefit. the team at columbia university say it is variant is, quote, surging alarmingly. it comes as a former member of president biden's coronavirus task force that is warning of a surge that's just weeks away. michael osterholm director of

the research and policy center at the university of minnesota; let me ask you, professor, obviously you worked on president biden's transition coronavirus task force. you're warning about what could potentially bl the worst surge yet with the new variants and we've got this reporting on a new virus strain circulating in new york city in the northeast with a mutation that two teams of researchers say could weaken vaccine effectiveness. what's your reaction? >> well, first of all, we have to keep our eye on the ball, and the ball is right now one particular variant that is very rapidly rising in number here in the united states, what's called b.1.1.7 or the uk variant. this is much more transmissible, 30% to 70% more than previous strains of the virus, as well as it causes more serious illness. fortunately it does not evade the protection of vaccine or people previously infected and recovered. i think this is what we need to

keep our mind on. if you look at what's happening in europe, in the middle east right now, this continues to be a very serious challenge. many of the countries there have been in lockdown literally since the holiday season and still now, only now controlling the virus. >> obviously -- i know the one you're talking about, this is b 1256. i'm not trying to emphasize the numbers. the point i'm making, though, is obviously that there's a lot we still don't know here and there are mutations that are happening that are obviously just slightly different than each other in possibly significant ways. >> that's right. the third category, as i pointed out, is the one that evades human immunity from either vaccine or from natural infection. fortunately, outside of south africa and brazil, we have not seen these strains spread very well. that's the point right now. we have to keep them surely front and center, but the ones

we're really worried about are the ones spreading quickly across the u.s. >> i know you've delayed getting your second vaccine dose. you're saying the u.s. government should delay second doses to try to protect against this surge. you laid out the a report to avoid what you say could be a catastrophic situation in the u.s. with the surge. what are the most significant things we could do? >> right now we have to understand protecting those 65 years of age and older is going to provide us with the most impact in terms of reducing serious illness, hospitalizations and deaths. 80% of the deaths in this country have occurred in those 65 and older. they also have occupied the most hospital beds, have taken most of the medical care resources. if we're anywhere like you see in europe, for example, the czech republic today announced they may be running out of intensive care unit beds because of this particular strain, b.1.1.7. we don't want our health care systems in a sense overrun so we

can't provide that care. so focusing a vaccine on that older age group, which may not be popular with some, but right now as it stands, over 30 million americans who are 65 years of age and older will not have a single drop of vaccine before the end of march. >> wow. certainly pretty sobering given this headline just crossing from these two research teams this hour. thank you so much, professor, as always. >> thank you. two crises colliding in the state of texas, the pandemic and no electricity and water. miguel marquez is out front in houston. >> reporter: tanya de la cruz's oxygen level dropped and her temperature shot up on the coldest night in south texas. >> reporter: how much more complicated was it to deal with that, given you had no electricity or water? >> it was pretty bad. even though you would try to cover up with all the blankets i could find, i was still feeling cold. >> you had chills?

>> yes. >> and then the cough. the colder it is, the more prone the attacks come. >> reporter: graziano lopez was on oxygen recuperating from covid-19 at home. then his electricity went out and the batteries on his oxygen machine died. when i don't get oxygen, he says, to the floor i go. sandra is on the mend. now she's worried about three other family members who had covid-19. for two days my family had to rent a hotel just to stay warm, she says and i was here, and all i could do wouz worry about my kids. houston's united memorial center, a hospital cnn has twice visited as the pandemic raged, is seeing fewer patients today. one concern, the storm may produce another spike in cases. >> they didn't care about covid. we had a bunch of shelters open to keep people warm. you know the shelter is a giant

pe petri dish. i expect we'll have a spike in cases. >> reporter: pipes burst but staff worked right through the worst of it. anita's home is still unlivable. her family with relatives. >> looking for the patients looking to us to make sure we take care of them even though they knew we had an emergency, make sure we support 100% and provide both medical and emotional care was above my own personal concern. >> reporter: this woman's husband just got over covid-19. >> this was our master bedroom, master bathroom, and our two walk-in closets. >> like so many texans, now this. >> when we came home, we discovered a waterfall right here, and it also had collapsed in my closet. the light ballast was hanging

down, sheet rock was down. everything in my closet was destroyed. >> reporter: home after home across nearly the entire state damaged by frozen and burst pipes. we met mike phillips four years ago on a boat in flooded houston neighborhoods after hurricane harvey. he says this is worse. >> this is all across texas. no one was spared. these busted pipes, whether you lived in lubbock, texas or in houston, texas, we all experienced the same problems. >> reporter: before this latest storm, the most costly disaster in the lone star state was hurricane harvey four years ago. that cost, in today's dollars, $20 billion. that's billion with a b. this storm hit all 254 counties across the lone star state. they expect when it's all totaled up, it will cost more. we're learning how many current and former members of

the military were involved in the deadly insurrection. authorities say there's no indication tiger woods was impaired before his crash. could he have been distracted? we don't know. the l.a. county sheriff will be out front. what you'll need, and help you build a flexible plan for cash flow that lasts, even when you're not working, so you can go from saving... to living. ♪ let's go ♪ we're carvana, the company so you can go from saving... to living. who invented car vending machines and buying a car 100% online. now we've created a brand-new way for you to sell your car. whether it's a year old or a few years old. we wanna buy your car. so go to carvana and enter your license plate answer a few questions. and our techno wizardry calculates your car's value and gives you a real offer in seconds. when you're ready, we'll come to you, pay you on the spot and pick up your car, that's it. so ditch the old way of selling your car, and say hello to the new way at carvana. tracfone wireless gives you more control. just swap your sim card

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testify tomorrow that the secret service may not have brought former vice president pence to congress to oversee the electoral college certification if there was better intelligence about the insurrection. this, as we learn more tonight about who was allegedly behind the deadry riot. tom foreman is "outfront." >> reporter: the radical right wing oath keepers celebrated on social media the violent attack against what they falsely called a stolen election. if that was a big day for jessica watkins from ohio, so was her day in court, asking to be set free while awaiting trial. cnn has now confirmed 27 current or former members of the military are facing charges. an army veteran, watkins is accused of conspiracy, obstructioning an official proceeding, destroying property and more. she says she believed she was answering the call of president trump and providing security for vips. the main argument from her

lawyer, she fell prey to the false and inflammatory claims of the former president, his supporters and the right wing media. however misguided, her intentions were not in any way related to an intention to overthrow the government but to support what she believed to be the lawful government. those claims have not yet been fully argued in court. another hearing is set for later this week. >> they're essentially arguing she was in an alternate reality. is that a reasonable defense? >> in my judgment, it will not be persuasive. not only was it insurrection, but it also was violence in pursuit of a political objective which is domestic terrorism. >> reporter: others are showing up in court, too. among them, douglas jensen in iowa the man with a qanon shirt seen chasing down officer eugene good man. william kres land, houston come

who resigned from the force and said he went to the trump rally to see history. pennsylvania policeman joseph fisher who has been suspended accused of fighting capitol police officer. he allegedly told his boss, no regrets. so far the courts don't appear to be applying a consistent standard in terms of who goes free and who stays locked up. some decisions made are being turned over in a matter of days. all that suggests that the prosecution of all these folks is already messy and, as you move to full trials, it could get a lot messier. erin. >> tom, thank you. next, authorities say tiger woods was alert after he lost control of his suv. what did he tell authorities? the la.a. county sheriff is nex. cnn learning more about the murder of jamal khashoggi, a report could be released as soon as tomorrow. what we're learning.

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that required surgeries including inserting a rod into one of his leg bones. nick watt is out front from the latest we know. >> this is the road tiger woods was driving alone early tuesday morning. he hit that median, then the curb, flipped and rolled hundreds of feet. >> mr. woods wasn't initially reacting to any pain. unfortunately, i'm sure he's in horrible pain today. >> reporter: he suffered significant orthopedic injuries to his right leg. >> we're assuming he broke both of those bones somewhere below the knee. >> reporter: open fractures. he underwent a long surgical procedure. >> one of the reasons he probably had emergency surgery was a compound fracture, a break in the skin which means an increased risk of infection. >> reporter: his leg was stabilized by inserting a rod into the tibia. additional injuries to the bones of the foot and ankle were stabilized with screws and pins.

>> for an elite athlete like tiger, he's got as good a chance of coming back from this as anybody does. we know never to count tiger out from a recovery. >> reporter: by the end of the day, woods was awake, responsive and recovering. he was supposed to be filmings more content for golf tv and "golf digest" teaching celebrities how to play. it was dwyane wade monday. >> i say the golf. he's not comfortable with it. >> no skid marks, no braking. >> he was wearing a speed limit. >> weather is not a factor. >> the speed limit is 45 miles per hour. w >> reporter: no signs of impairment. >> in odor of alcohol, no evidence of medication, narcotics or anything like that. >> reporter: it's unknown if woods was on the phone. >> we'll find out on that. i'm sure his phone records might be relevant to that itself. that's going to be up to the investigators. and they'll require a search

warrant for that. >> reporter: the hill, the turns, this is a no-accident black spot. there have been 13 accidents here in just the past year and this afternoon county officials ordered a safety review there was nobody driving up the hill. he didn't hit anybody else before he got to the curb, flipped and rolled through this brush. erin? >> all right, nick, thank you very much. and as i said, i want to go now to the los angeles county sheriff. sheriff, i appreciate your time. you obviously have said this was quote purely an accident. we heard you there saying no indications that woods was impaired. have you seen a toxicology report at this point? >> no, we have not seen any report like that. again, to get to those type of

reports, we have to prepare it, a search warrant and establish probable cause. there is no evidence of impairment or type of intoxication will get us to that point. >> so there won't be a toxicology report at this point, you're saying? >> not for our purposes, for the traffic investigation. >> so he was alert at the scene as your officers have said. did he say anything that could have indicated a cause of the crash? >> he actually at the scene made no comments. at the hospital he was asked by the investigators and had no recollection of the crash itself. >> wow, so no recollection of the crash at all. one of the things we saw is the speed limit is 45. i know it's a hill. they regularly clock people going 80 plus. no skid marks, no everyday he even hit the brakes. do you have any determination yet of how fast he was going? >> that's going to be tough to figure out.

if we can get the vehicle, the black box it will give us a cause of the accident. there is a variety of factors, could be inattention, could be speed. we don't know yet. this will be treated strictly as an accident. >> have you subpoenaed phone records to see if he was possibly distracted while driving. >> again, to get to the point of issuing a subpoena, we would have to a probable cause to ask for it and we would have no elements to give us a probable cause to get to that. >> so let me ask you. you're saying investigators did have a chance to speak to him at the hospital. i know you said he didn't have any recollection of the actual crash itself. was there anything else he told you that was useful? >> not for the purposes of invest investigators, no. >> so where do you go from here? >> they will do analysis with other physical stuff they have in possession. when they get the vehicle, they will see the speeds and different factors and arrive at a conclusion what the cause of the accident was and that's

where it will end. there will be no citations. obviously, there is no crime involved and it will be an issue of insurance. >> all right. well, sheriff villanueva, thank you for your time. >> you bet. >> sheriff villanueva from l.a. county. the u.s. intelligence committee to release a long awaited report about the death of u.s. journalists jamal khashoggi. available in parts of many cities. it's not just a great network. it's ridiculously fast. (vo) stream your favorite shows in ultra hd. i'm so excited about this. streaming is crystal clear. select unlimited plans get the disney bundle included and discovery+ on us. yes! buy samsung galaxy s21+ 5g. get one on us. only on verizon. as a cement mason, i use the dove bar... because i work with a lot... of dust and dirt. just washing... the dirt and the grime off... and just bringing you... back...to you.

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tonight, president biden says he has read an intelligence report on the murder of jamal khashoggi and he will talking to the king a.. a conversation the white house says will happen soon. an unclassified report on khashoggi's hurter could be released as soon as tomorrow. it was obviously a horrific,

horri horrific, brutal murder. it expected to disclose details those behind khashoggi's murder in istanbul. shortly after his attack, the cia assessed with high confidence the saudi crowned prince ben soleman ordered the killing. president obama never took any action whatsoever. ahead of this major intelligence report. tonight, we are learning and this is very interesting new detail here that two private jets that killed khashoggi were owned by a company that less than a year before had been seized by the crowned prince mohammed bin salman. those two private planes they tracked from riad through other places in the middle east up to istanbul and now, finding this

link to a company from the crowned prince, this comes, according to recently filed documents as part of a canadian civil lawsuit labeled top secret and signed by a saudi minister that relaid orders of the crowned prince, the young de facto ruler of saudi arabia. here is the quote. according to his instruction, the minister wrote according to a translation approved the completion of the necessary procedures for this. obviously, a very big story here. any information that they give here obviously maybe worldwide top story. we'll be bringing it to you tomorrow. thanks so much for joining us and don't forget, you can watch "outfront" any time anywhere. "ac 360" starts right now. so is it the party of lincoln or the party of trump? john berman here in for anderson and that's the question today again after a number of republicans twisted themselves into pretzels to show their one

term, twice impeached president. it's coming in the run up to a speech this weekend at the conference in florida and coming as a slew of hearings get to the bottom how the events leading up to on january 6th happened. but for some republicans even asking the question pings it towards truly weird stuff. take senator ron johnson, late today he upped the ante on this alternative reality account of the attack which he read into the congressional record yesterday. >> he said that the mood of the crowd was positive and festive, many of the marshachers were ov weight or frail. trace not attributed to the riot prone. a very few didn't share the friendly earn nest demeanor of the majority. fake trump protesters and disciplined uniform column of attackers. these are the people that probably planned this. >> so do