greg rucinski was very proud of the business he built and proud of his daughter, he was 68-years-old. may they rest in peace and may their memories be a blessing. erin burnett with outfront starts now. president biden urging states to restore mask mandate. this is dr. debra birx pointing figures of unnecessary deaths. what the new team says of where the probe is going and how much trouble trump could be in. he's a formal professional wrestler in new jersey running for congress in senate. all of a sudden he has a southern accent, who is this

guy? good evening, i am erin burnett, "outfront" tonight. dr. walenski is pleading with americans, not as a director of the cdc but as a wife and a mother and a daughter, she's urging the nation to not let our guards down. >> i have to share the truth and i have to hope and trust that you all will listen. i am going to pause here and i am going to lose the script and i am going to reflect on the reoccurring feelings that i have. we have so much to look forward to. so much promise and potential of where we are and so much reasons for hope. but, right now i am scared. >> that's a director of the cdc putting aside the script in an emotional plea talking about the

fear of impending doom. one of the reasons president biden urged people to mask up. >> i am reiterating my call for every governor and local leader to maintain and reensinstate th masks mandate. businesses should require masks as well. it is as patriotic duty. mask up. >> re >> the state of alabama responding, "sorry, we heard you, no. we are not reinstated, we are sticking with our plan." biden tonight is upping the anti. >> we let our guard down now we can see the virus getting worse and not better. it is better to take this virus seriously, it is what we got

into this mess in the first place. >> you don't have to take biden's words for it. here is dr. debra birx admitting what he says is the fact. >> i look at it this way. the first time we have an excuse, there were about 100,000 deaths that came from that original surge. all of the rest of them in my mind could have been mitigated or decreased substantially. >> all of the rest of them, 450,000 american lives, those were human beings, americans who could still be alive today if the former president had done, handed this virus incredibly differently instead of selling the message that was not rooted in reality. >> we are very well under

control in our country. >> we really have done a good job. >> we are prepared and do a great job with it. it will go away. stay calm. >> it is going to go, it is going to be gone. >> okay? trump is slamming birx and dr. fa fauci. birx is a proven liar. the honor was given to fauci and not trump. trump says "he could not throw a baseball close to home plate, it was a roller." that was the statement by trump. biden is pleading people to wear a mask. it is hard to imagine any of the states going into the other direction are going to listen. >> i think that's going to be a big question facing them. on that statement former

president trump put out, we seen some of them come from his former office. this is quite doocey, he's going after dr. birx and regarding what he said tionight was the doctor he once favored until he brought dr. atlas on and we saw birx pushed out of favor. the former president is lashing out at his former top health officials months after he left office and months after they are no longer in these positions. we know president trump and president biden taking different approach during this pandemic. look at what happened today. dr. walenski was ats the briefing and she stopped reading from her remarks and became emotional while talking a bout

the coronavirus and how it is still important for people to follow those measures. president biden came out and largely echoed what she had been saying. yes, this is happening. we don't want to erase the hard fought game that the country has earned. something we rarely saw former president trump do with his health officials. what president biden also threw in there about this mask mandate and saying those states need to put it back on. even with my home state in ala alabama. they're not going to do this. they're moving forward with rescinding those mask requirements. alabama is doing next week. we have seen other states following their lead. that's the big test phasing this administration is trying to speak to these local officials who they have said it really been the ones who have a big influence over what happened in these states. the white house does a weekly calls with governor that's happening tomorrow and dr.

walenski did tell us earlier today that she's going to make that case directly to the governor tomorrow and we'll see if it changes any mind. that's going to be another challenge facing the administration as they deal with this response and try to keep the numbers low and not rising as we have seen them do in some states. >> kaitlan, thank you very much. i want to go to dr. jonathan rhiner and josh rogan. we have a lot of news about the virus. he's also the author of "chaos under heaven." dr. rhiner let me start with you. you heard alabama's response. forget it, we'll do what we do. we are not putting the masks back on. right now maybe some of the blue states are not as far ahead as the red states. they're doing the same thing direction directionally. president biden is saying reinstate.

you heard dr. walenski, he's worried about impeniding doom. >> we have a federal government now that reacts to the facts as they are and not as they would like them to be. only a fool does not change course when the road ahead is unattendable. so sure, at the beginning of march when you know every single state was down and it looked like the virus was just disappearing, imminently. it made sense in some places to relax in some of these safe guards. with virus surging again in various parts of the country is important to reconsider what we are doing. and the prudent move now is for states that are surging and again, this is happening all over the united states to

reevaluate what they are doing and change chorus. the easiest thing to do is masking. dr. walenski did a great job today, speaking from the heart. >> it felt emotionally and she went off script. >> what do you make of that though? she was there the whole time along for the ride. >> well, she was not just alone for the ride. she was in the bridge. she was the white house's pandemic coordinator. she was not a passenger on the ship. and, you know there were multiple mistakes that the prior administration made. catastrophic mistake with a

two-month delay in testing and the whole nonsense with politicizing masks and allowing the states to by pass all of the really good advise on the cdc on how to open, yet, she and her colleagues were largely silent. she was silent when the president replaced her with dr. scott atlas who was brought onto initiate this concept of letting the virus burn through the community with a modified herd immunity. she was silent when this country needed to know the truth. we were not doing too much testing and we had to keep shutdown until it is safe to open. she was silent with the exception of a certain extent of

tony fauci. one of them i keep saying that this virus could be the cement that changes the super power on this planet. the world health organization states that an an mimal and not lab in wuhan, a natural occurring virus from an animal to a person. i want to say what everyone knows. chinese scientists help write the w.h.o. report.

can you trust the w.h.o. on the final say on whether this virus came from a chinese lab? >> no. >> it is a tragedy of this pandemic that in addition to the politicalization and masks and the origin story to find out how this got here and how it happened so we can report the next pandemic fatally flawed investigation, study group or whatever you want to call it, it is fatally flawed report. it is a darn shame and don't take my word for it. secretary of state, tony blinken, said we got real concerns of the methodology and the process that went into the report including the fact that the government and beijing helph heh helped to write it.

it is not surprising that they put in the information two weeks ago in the chinese state's propaganda. it could not have possibly come from the lab even though they did not investigate in lab. so we actually learned nothing from the new report. it does muddy the water further. it places the biden administration in a terrible position because they want more information in the lab. they confirmed of suspicious activities in the lab. sick researchers and the w.h.o. reporting either they're ignoring it or denying that. we need the chinese government to put out more information and the biden administration put more information as well. >> how this all started is not just going to be something that's interesting for general storhistorical purposes. it has a much greater impact. thank you so much.

next, protesters are growing in minneapolis after an emotional first day of testimony of the trial of derek chauvin. his defense that george floyd dies among other things, drugs. >> and trump's lies of the election. we got the video. this man is popping up in a texas race with a new accent. cal: our confident forever plan is possible with a cfp® professional. a cfp® professional can help you build a complete financial plan. visit letsmakeaplan.org to find your cfp® professional. ♪

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up and get up for the remaining 3 minutes and 51 seconds. >> you can believe your eyes it is a homicide. it is murder. >> reporter: prosecutors say they want a fair trial. the defense argues that officer chauvin was trained to do what he did. >> reporter: the potential battle. >> what's mr. frloyd's cause of death? he died of hyper-tension and the ingestion of methamphetamine and the adrenaline flowing through his body.

>> reporter: chauvin's attorney also argued the surrounding crowd had an impact of him that day. >> they're screaming at him and causing the attention to the threat in front of him. >> reporter: nelson says the only just result is not guilty. that's not how the family of george floyd feels. they start the day kneeling representing the time floyd had chauvin's knee on his neck. >> reporter: the starting point, the 911 operator dispatched the officer. scurry testified that officer chauvin pinned floyd for so long. she thought the video she was watching froze. my instincts is telling me something is wrong. something is not right. i don't know what but something was not right.

>> reporter: while donald williams witnessed floyd pinned from feet away told the court his mixed martial arts background informing that ch chauvin was tighten his knee on his neck. >> from the shoulder to the knee. >> re >> omar joins me now. what we are seeing behind you and we are seeing bigger on our screen. tell us of what's happening where you are. >> reporter: this was part of a scheduled protest that we knew was going to happen. behind me the banner of people, "justice for george floyd" and the world is watching. we got the sense over the course of this outside the courtroom proceedings. the fact that we are at this trial, there was a moment it was a long time coming for this here

in this community and many across the country, they have been watching this very, very closely and also you see behind me is a reminder of what many people feel is at stake with this trial and the pursuit of justice for george floyd. >> thank you very much omar and for your report. omar has been covering this since the beginning. >> reporter: i am to go to the floyd's family attorney who's back with me. i am glad to speak with you again, tony. eric nelson we heard tell the jury that george floyd consumed drugs and floyd fought back against the officer so much that the patrol car rocked back and forth with the force. what's your response with this image that the defense was trying to paint today? >> well, i call it the "made you look defense." what they're trying to do is distract the jury from what happened that night. listening to the defense attorney opening statement, i

think his words are going to come back and haunt him. well, i would say this in response. the video is what common sense is all about. the video shows that this man, derek chauvin kneeled on george floyd's neck for nine minutes and 29 seconds, 43 seconds longer than what we all thought what it was. what's reasonable? you look at all those by stanst standers that were there. that's reasonable. that's what a reasonable person knew. many people knew that he was killing him. that's what happened. common sense and reasonableness tells you if you kneel on someone's neck and lock their neck in place against the city's street, you are going to kill them. that's what reasonable people know. you are telling me a police officer did not know that? i don't believe it. >> they actually to this point

they're trying to say chauvin followed the procedures. >> derek chauvin did exactly what he had been trained to do over the course of his 19 years career. the use of force is not a tractor. it is a necessary component of policing. >> he did exactly what he was trained to do. your response, tony? > >> let's talk about use of force verses excessive force. they can use force. they can't use excessive force and we don't agree that one second of the force that george had on him was appropriate but let's say hypothetically that some force was necessary and at a certain point that balance tipped against him using force and it became excessive. when the man was saying when

george was saying i can't breathe, i can't breathe. my stomach hurts and neck hurts and my whole body hurts. i am crying for my mother and tell my children that i love them. you have to do something about it as well as having the by standers yelling at him. that's what i have to say. there is a difference between using force and then using excessive force. >> and that's obviously crucial distinction which is the heart of this. so at the center of the trial is the cause of george floyd's death and clear of what you are saying. the defense today is saying the cause is different. they're blaming floyd's under lying medical condition combined with the drugs and his adrenaline. they're saying nobody had known those things. what evidence do you know medically that's not the case. >> there is a lot of evidence

medically. if you recall we were able to get two independent medical examiners with george floyd's body. they found the manner of death was mechanical -- sorry, the cause of death was asphyxiation and the manner was homicide. the difference is our medical examiner found fractured of the spinal of bone in george's body. the medical examiner did not cover th discover that because he did not go deep enough. george floyd died as a result of not drugo overdose but excessiv

force. >> thank you, tony. >> i want to go to aretha martin. an mma fighter, he says chauvin put him in a quote "blood choke." it was a powerful testimony he gave. what did prosecutors gain from that? >> that testimony was so riveting. that was unusual of what happened in terms of donald williams' testimony. he was a fact witness and eye witness. he gave an expert testimony because of his experience as a m martial artist and he knows a lot about choke holds and cutting someone's oxygen off. he was able to give that testimony in a way that you would expect to see from a qualified medical expert. that goes further than your typical eyewitness testimony. to think that jurors went home with that witness being the last

they heard from, that makes for r a powerful day for the prosecution. >> prosecutors also called the 911 dispatcher, she was watching surveillance video and she became so concerned of the use of force that she called the police sergeant and she said she never done that before. here is what call played in court today areva. >> sorry, that was the wrong sound byte. >> let me ask you about that first. that goes to the point that you heard in omar jimenez's piece. the crowd by standers distracted the scene and the police so they were not able to think clearly. you know that was what he was describing there. the defense attorney screaming at them and causing to diverse

atte attention. what do you make of that argument? >> we know erin, trials are basically about story telling. prosecutors and defense were trying to tell stories. the defense was to tell a story that the scene was so chaotic that people were so engaged in disruptive behavior that it distracted their ability to take care of george floyd. that argument is not going to resonate with jurors. that 9 minutes and 20 seconds video. whe when you think of how much time 9 minutes is, there was ampled time to control the crowd and check his puslse, do things tha could preserve his life. i don't think the evidence is going to clear out allegations in that regard. >> areva, thank you so much.

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benny willis hired half a dozen lawyers for her investigation which stems from trump's phone call to secretary of state raffenberger's phone calls. >> all i want to do is this.

i just want to find the votes. >> tell me what more you know. >> he built an anti-corruption unit. >> you can see how their expertise could be useful. she's bringing on people like mike carlson who's an expert in the rules of evidence. there is a guy named john floyd, he's coming on in a contract position, he's an expert in racketeering. really complex cases who investigate complex charges to bring. he also literally wrote the book on racketeering in georgia. this is one of the few folks who's in the public integrity office in the district

attorney's office if willis decided to keep on, this is someone young but he had experience as a former atlanta cop and complex investigations. this is kind of a look of some of the folks in his team that she's building with ant anti-corruption cases in atlanta. >> sarah, with your expertise covering this, what does this mean for trump for what he could face in georgia? >> she sent those letters to officials in the state of georgia who don't believe are targets. we are investigating solicitation of election fraud and conspiracy and racketeering. these are not home runs and super easy for her to prove especially when you talk about a racketeering case. she's also looking at the behavior of folks around the

president who may have helped him carry out his efforts to overturn the election in georgia. >> thank you very much sarah. i want to bring in matthew dowd. what sticks out to you? you hear about this team, their specialties that the fulton county possess rosecutors are b. >> the district attorney who's fairly new to her position, she's only been there a few months, she's cleaning house. she's brought in a higher power group of attorneys. what will jumps out to me really is the hiring of this racketeering expert. racketeering law are a powerful tool for prosecprosecutors. one was an organized group, more

than one person that's doing this. two, a pattern of racketeering, multiple crimes and coordinated efforts over a period of time. it tells me they're looking at a serious charges here. >> matthew, more serious charges, becoming more likely. yet trump continues to demonstrate for the world to see but he's willing to put the big lie out there. this weekend he took the microphone at mar-a-lago to talk about it. tmz got the video, let me show it. >> they said "66 million votes sir and the election is over." >> 10:30 deep and they said it is a strange thing. why are they closing up in certain places? a lot of things are happening right now. i want to say it is an honor to be here and an honor to have you at mar-a-lago, you are a great and beautiful couple. >> matthew, he starts his toast

with, you know, his election. that's what happens. >> i mean the problem is yes, donald trump is possibly going to be held accountable for what he's done in this. the damage he's done to democracy is much more lasting and much more long held and the damage he's done to citizens of this country to at least a third who believved this lie he told about the fraud of the election and respond by state legislatures around the country to try to do something about the fraud which does not exist. donald trump, he's his own crazy celebrity and whatever he wants to do at a wedding is fine. as he keeps lying, he's doing incredible damage to our democracy.

>> they are the goods to prove crimes, this is a criminal probe. then what does it mean the person at the other end of this for trump? >> the fact they are ready to issue subpoenas, they are at the facts of things. this is where things will get interesting. if a person gets a subpoena they really have a few choices. testify under oath and two, take the fifth but that sort of a red flag to prosecutors. that person may have some criminal liabilities or if you may ignore it, the u.s. marshal may show up at your house or take you in handcuffs. if the evidence is there, i have faith this district attorney is shown that she's bold and

independent. if the proof is there to match the crime soft solicitation of election fraud then we could see a criminal charge. a criminal charge if proven would result in prison time. >> yes, this particular crime is punishable one to three years. it would be a felony. it is rare to see someone convicted of felony and not go to prison for some time. >> matthew, obviously you are pointing out the third, the public who may believe trump's big lie but it was a lie that actually officials in georgia stood up to. republican officials, governor kemp and secretary of state raffensberger. here is more of that call that launched this whole probe in georgia. >> dead people voted and i think the number is close to 5,000 people. >> the actual number were two,

two. two people that were dead that voted and so that's wrong. that was two. >> and matthew, georgia has a bill that's passed that allowed unlimited challenges for voters. if you want to say 6,000 dead voted, you are wrong. you can check each person. they'll limit the drop boxes and the governor itself had used them. what do you make of the mix mesed metrop messaging. >> it is great that they stood up to donald trump at the time. but, every single one of those people supporting these pediments. the jim crow law that was passed were legal. it seems to me what they are doing in georgia is well, we'll

stand up to you when you do something against the law but by the way we'll pass a bunch of laws to make what yo u objected to in actual renaality. once they can get it into the law, they're passing it just like jim crow. >> thanks very much. i appreciate it you. next $6 trillion, that's how much president biden trying to spend. he may do it without a single republican on board. is that right or smart? he's a former professional wrestler, he's running for congress in texas with a whole new persona. here is what he just admitted to on cnn. >> yeah, we had other people

jumped into.

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these numbers are defying reality. officials want to remake the american economy and the world of government. is that the goal here and when historians say that, is it seeping in and encouraging biden to say you know what i should go bold and big. >> yes and yes.

i was talking to a democrat today who reminded me despite this number being so big, we don't anticipate that president biden is going to create a system like the program of a new deal like lbj did with a brand new system like medicaid, for example, those were huge government programs. there may be down the road. at this point what the biden administration knows is talking about all the money you just talked about to projects but it to the economy and go beyond bridges and roads as you said but to fulfill so many of the president's campaign promises including climate issues and

child care and money for helping women and men who needed better infrastructure at home in order to work outside the home. all of that combined is part of, yes, as you said go big or go home. the one question we don't know the answer to is how much they can use reconciliation and there is a debate how many times you can use it. what i find stunning about this, all of this could happen, you know, completely remaking how we do a lot of things in this country and who does what without a single republican. they could do without a single republican, right? >> they can. but, you know, it's going to be less likely that it was in the covid relief bill. there are democrats, mostly

senate, mostly named joe mansion who felt that it was important to give president biden a big win and a big win on something that was and is so important because it has to deal with the crisis that he inherited, the covid crisis and of course, the health crisis and economic crisis that goes along with that. something like infrastructure which at its core, the idea has bipartisan support. the covid relief bill did, too. this is a different ball game. it is going to be much more challenging for somebody like joe mansion, a moderate democrat. somebody like maybe kirsten cinema of arizona and others to go along with what you described, reconciliation doing this with just democratic votes. in fact, mansion said that he won't go along with that at all and the reason i'm singling out

individual democratic senators, erin, you know this because they can't even lose one to do it. they have only a 50/50 majority and they can only get something on a party line vote if the vice president casts that tie breaking vote and right now if you're listening to the moderates, they are not going there and will have to find some bipartisan agreement. >> incredible. dana, thank you very much and tonight a formal professional wrestler from new jersey facing scrutiny as he runs for congress in texas riding bulls. even some fell rerepubpublicans crying foul. >> reporter: this is the same man, dan, as a congressional candidate last year in nevada. >> i'm just a small businessman. a family man living in the sub suburbs. >> reporter: and dan now as a candidate for a u.s. house seat in texas. >> texas, some get into congress, i know how to handle

nancy pelosi and stop her [ bleep ]. >> reporter: the transformation is impossible to overlook. gone is the suburban family guy. >> sometimes it's easy to lose track of what is really important and for me, it's family. >> reporter: he is pitching himself as a bull rider and cowboy hat wearer who speaks with a southern drawl. >> that's texas tough. >> reporter: he pushed back. >> in regards to my voice, as you can hear now, it's gone. it's been gone for the past three weeks and between the two videos that they put back to back, you know, if you look at them, they were selectively edited. if you watch the whole thing, you're going to hear my voice like it is now. >> reporter: he lost the nevada race last november and picked up and moved his family over a thousand miles to the dallas area. >> i moved my family of seven back to texas because i want to raise my kids in a

constitutional friendly state. >> reporter: he's one of more than the 20 candidates running in the may essential election to fill the seat of ron wright who passed away after being diagnosed with covid. his wife susan is also running for the seat. his persona is panned by some as phony including by one of his democratic opponents who suggested he may have used a body double to ride the bull in his campaign video. the ad never shows the rider's face and the vest and boots appear to be slightly different than what he is wearing in the video. some republicans in congress are calling him out. florida congressman matt gaetz tweeting fake texan makes fake video of fake bull ride. we have enough phonies in congress. texas shouldn't import this coffi congressman. big dan is all hat, no cattle. he admitted to cnn the campaign did use a body double for parts of the bull ride. >> did i ride a bull, yes? i stayed on for 11 seconds.

we didn't get the fulfilll film of it and we had other people jump in to be body doubling. >> reporter: he's originally from new jersey but according to his campaign website, he once lived in houston where he worked as a home builder. >> so much determination on the face of dan. >> reporter: before running for office, he was a professional wrestler. this is in the the first time he stirred controversy. >> i have no convictions and no criminal record. >> reporter: during his 2020 campaign the father of six faced questions of past physical assault allegations. >> i had one arrest in college. those were dismissed. >> reporter: his wife explains 911 calls she made against him in 2018 aleleging he stole mone, jewelry and guns from her. >> what happened between dan and i was a verbal argument. dan never laid a hand on me, not then, not ever.

>> reporter: in the interview today, he denied all these allegations both the physical allegations from the years 2010 to 20 and13 as well as 911 call those allegations made on the calls by his wife. the special election day for this special election, erin, is on may 1st. >> may 1st. thank you. next, the sounds of victory after the massive empire state building sized ship got unstuck from one of the most important shipping lanes on the planet. ll — they customize my car insurance so i only pay for what i need. 'cause i do things a little differently. hey, i'll take one, please! wait, this isn't a hot-dog stand? no, can't you see the sign? wet. teddy. bears. get ya' wet teddy bears! one-hundred percent wet, guaranteed! or the next one is on me! only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪

ships are about to be moving again through the suez canal as they worked to free the cargo ship. the ever given ran aground about

a week ago. this is how victory sounded and looked. the incident disrupted the supply chain of everything, tvs, furniture, fuel, the effects will be felt for months. thanks for watching. it time for "ac 360." good evening. jim sciutto here sitting in for anderson. it is sad to think that this time last year george floyd had just two months left to live. two months later, his death caught on camera during an arrest by minneapolis police officers would shake the country, the world, it would send millions into the streets in the middle of a pandemic. that's how galvanizing, unifying it was. and how in the