sure to join us at our new time, 6:00 p.m. eastern, i will be back in one hour for cnn's special coverage to a joint session of president biden's address. e erin burnett with "outfront" starts out." the feds raid rudy giuliani's home and another search warrant is executed at the home of a second trump's ally. america is on the move again as he prepares, the president prepares to pspeak to congress. let's go ou"outfront." >> the fbi taking extraordinary actions against trump's allies,

rudy giuliani, fbi agents radiating his office and apartment seizing histrionic devices. it is a significant move by the feds. it signals a major turning point into the investigation into rudy giuliani. keep in mind rudy giuliani has been under investigation for more than two years including about whether he illegally lobbied for yukrainian official. we are learning investigators executed the home of trump's personal lawyer. she had no expectations that any of this would go down. the spokesperson for her said she was no t the target of the investigation herself. rudy giuliani for his part tweeted he was going to address the raid this afternoon but so far nothing. only this from his son, andrew. >> this is disgusting.

this is absolutely absurd and continued polarization of the justice department that we have seen. >> so far no comments from trump who for the second time witnessed the fbi raid one of his personal attorneys. let's be very clear here. it is highly unusual for prosecutors to execute search warrants on a lawyer. it is really an unusual thing. the justice department did that to two lawyers related to trump today. they did exactly that with michael cohen. he eventually pleaded guilty to a number of crimes including of bank fraud and lying to congress and he's now cooperating investigations into the former president. evan perez is "outfront." we say this is so highly unusual. you got this search warrant and they go into his apartment and

take histrionic devices, all of this goes down, tell me what they try to do and why they did it this way? >> they said what they were after were communications with a number of people and on that list, some of the people you already know. people like fruman and parnas. a lot of it had to do with efforts by rudy giuliani and notable among the names in the search warrant according to his lawyer is john solomon who's a right wing columnist, opinion writer who was at the center of all this, helping to ferment some of those stories and

getting these stories out there including ones that were used to help get rid of maria yanovitch. >> we had learned that some time ago prosecutors in new york asked permission to do this raid back some months ago in the closing months of the trump administration. there was resistance from those people who are in charge of the department at the time, it was so sensitive that he imposed a new rule essentially erect new hurdles for prosecutors to do

raids like this back in december. he issued a memo that you had to get permission and input from the departmentuty attorney gene. we know he did not sign off and he opposed the raid back when it was proposed for a number of reasons. he also was concerned of the fact there was the election so we know the approval came under the new administration and that's why you saw the raid happen td ed today. >> thank you, evan and we'll say so so everyone knows. they knew nothing about this. i want to go to william, one of the reporters who broke this story for "the new york times" and elie honig. >> justice department has to reach a high bar to execute on a search warrant on a lawyer. that's why it is extremely rare and a high bar to seize

communications like cell phones. if they were able to yjump over both of those hurdles of rudy giuliani, what does it tell you how serious the investigation had become? >> it is clear that in order to get a search warrant, they had to present a significant amount of evidence that there is probable cause that a crime occurred that the search warrant would likely take them to further evidence of those crimes. so, you have an investigation that reached a significant point, we don't know if it will result in charges. this is a sign that it is a lot further along than perhaps it

had been previously thought. >> so elie, rudy giuliani says he was going to address the development, he was going to do it live at 3:00 p.m. that address has not happened. how much legal jeopardy is he in? >> yeah, this is getting real for rudy giuliani real quick. as you said it is really unusual for doj to search the office of any attorney, never mind an attorney for the former president. there are a couple of real important things that we know for sure. first of all, prosecutors have what we call probable cause. probable cause meaning there is a crime committed and they would find evidence of that crime in rudy giuliani's home and office. we know this had to be approved under doj policies at the highest level of doj and third, we know the federal judge r reviewed the application and approved it and agreed there is probable cause that a crime is committed and the evidence is in rudy giuliani's home. it is not quite a charge yet but those are serious findings.

>> it is important that it is a federal judge. it is a significant that people understand. william, what are you able to tell me about the search warrant that was executed at the washington home of another trump ally who stood up for him all this. victoria tungsen. you know ther-- we know when th southern district was seeking approval from the justice department to apply for these

search warrants to a judge that they were also seeking search warrants for his accounts and e-mail accounts. there is a vast swath of evidence that they'll be reviewing. it will go through a tank team which elie can tell you a little bit more about that i can. basically it will be reviewed fo for matters that are covered for attorney/client privilege. all of his communications on his phone, texts and e-mails on the phone and other materials if indeed obtain a warrant for those accounts. it is an awful a lot of information. >> rudy giuliani has close ties to trump. i am talking about moichael cohen, he pleaded in multiple

crimes, multiple crimes and now coop rierated in the investigat of the former president. what would it mean for the former president? >> it could mean many things. those communications could be used against donald trump. they would have to go through an attorney review to reference they are not privileged. if the communications have to do with a crime then they are inherently not privileged. there is no indication that rudy giuliani is interested or cooperating. that's always an option. i see plenty of people say i will never plea guilty or cooperate. if rudy giuliani chooses to go that route, he's expected to provide information about everything he knows to the department of justice. >> thank you both very much. next, president biden about to address congress and the nation and we are getting the first exerts of what he's about

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address. many lawmakers forced to watch from their homes or offices because of pandemic's capacity limits. the first time in history two women will be seated behind the vice president, vice president kamala harris and speaker of the house, that's nancy pelosi. we are getting a first look of the president's speech tonight. we usually get it around this time. president biden will say "we have to prove democracy still works and our government still works and can deliver for the people." our first 100 days together, we have restored the people's face and our democracy to deliver. the president will unveil the next part of his massive spending plan, his next part is expected to cost nearly another $2 trillion. >> phil mattingly is out front live at the white house. what are you learning of the president's speech tonight? >> reporter: i am told it is coming in at 5,000 words and it is placed in a binder.

i think you get away of the micro details into the macro though. yes, he'll go through a laundry list of proposals that he wants congress to act on whether it is police reform or on gun control legislation or immigration, most notably the $1.8 trillion plan, human infrastructures and dramatic shift for social spending for the united states that he's planning to propose. the bigger theme throughout the course of the night based on conversations i have been having with people is the idea that government can work. the look back on the last 100 days whether it is more than 200 million doses or 160 plus million stimulus checks deployed, is the president's evidence that he's going to cite these sweeping proposals pushed the federal government into a place that has not been for decades. the past shows they can work if

lawmakers and more importantly if the american public is willing to stay behind the president on these plans. i would note one other thing the president and his team is cognizant of the two women who are going to sit behind him and cognizant with the chamber he'll be standing in. the president will talk about the january 6th insurrection and he'll compare it to the worst attack on u.s. democracy since the civil war, keep an eye on the threads tied to the history of this moment and the urgency of this moment. one thing you will hear is how much more he and the entire white house think they need to do ahead. >> as we get ready to this. the country will be watching. i want to go to our democratic congressman jones, you started as the house impeachment manager

of the former president and you served as the house of democratic leadership. i appreciate you taking the time to be with me. phil mentioned joe biden will talk about "the worst attack on our democracy since the civil war." the speech where you will be tonight will be in the same room where the insurrection tried to prevent the electoral college win of joe biden. how does it feel to head back to that room and listen to president biden's speech. >> i was in the house chambers on january 6th and i was evacuated with my colleagues off the house floor. i think it is appropriate for the president to discuss the insurrection and our response to it. clearly our country and as a constitutional republic had been tested on multiplications in the last several years and that includes the event of january 6th.

it is important for us to take stocks in terms of how far we have come. the progress we made in the last 100 days and the ways in which our democracy endured and notwithstanding the effort of some of peaceful transfer 110 days ago. >> the plan the president is going to announce tonight, i want to make that point in this question because despite that price tag does not include an expansion of medicare. you let a group of 80 lawmakers and you sent a letter to president biden calling him to include medicare plan expansion on the plan. it did not make the cut of the spending tax, how disappointed are you? >> first, i would say that the president is going to include and i suspect in the american family plan in the presentation that he delivers tonight to congress. his story of expansion in terms of providing healthcare access to tens of millions of americans

and for example, the aca credits. me and many of any clolleagues have been pushing for r ward, i want to give an opportunity to the president to make his presentation and i will certainly be supportive of the measures he's supporting and i imagine we'll continue to make our case to the white house and the colleagues and the house and the senate that we ought to do more. keep on the debate in the m co coming days and months ahead. we got to a set of number whether you agree with them or disagree with them, they are in comprehensible because the numbers are so big. joe manchin told cnn that he's uncomfortable with the price tag. between covid stimulus and the infrastructure of two parts, the plan together put forward by president biden represents 30% of the entire u.s. economy.

30% of the u.s. economy passed by congressmen by a couple of months. does that make you nervous? >> no. here is why. the plan is ambitious and it is boll and it is come pprehensive. it is a one in a generation invest into human infrastructure and the foundations of middlepr. it is clear many of our americans are still struggling. i believe these investments are necessary. you see the impact everyday, fema clinics and those funds need to scale up where folks are getting vaccinated. of course the historic investment the president will announce later tonight to address things like child care and early childhood education as

the father of a 2.5-year-old daughter, i can attest for all of our young parents, they'll make a real difference. >> i am also the parent of a two and a half year old and i understand what you are saying. >> thanks very much congressman neguese, i appreciate it. i want to go to governor john kasich. jamie, let me start with you, the president is going to spend a lot of time unveiling the spending plan. we know that biden tonight when he talks about this is going to appeal to voters and not to people sitting in that room. he's going to say american jobs, a blueprint to america. wall street did not build this country, the middle class build this country and union builds

built the middle class. this is an appeal to get them on board. >> it is an appeal to trump voters and independence. i had an interesting conversation with the senior republican on capitol hill about this. what was most interesting was the republicans said to me this is very popular with our base especially when you say it is going to be paid for by taxing the rich or corporations and just to quote the source at the end of the day, my bottom line quote is, "this is popular," they can make political hays and someone like nancy pelosi. it is much harder to attack joe biden. look at the poll numbers. >> absolutely. of course we all know if you look at the numbers, the tax increases whether you support

them or not do not add anywhere up to the cost of spending. that's a separate talk for a separate day. >> senator tim scott is going to give the republican response, the other party gets the response. tim scott will give it tonight. he'll say and here is a quote we got from him "before covid we had the most inclusive economy in my lifetime. that happens because republicans focused on expanding opportunities for all americans." >> so can tim scott and republicans turn the economy on biden here successfully? >> well, look let's give biden some credit for rolling out the vaccines although it is produced by the private sector and distributed by the private sector. he touched base with our allies and his tone has been good. erin, they spent $6 trillion in the last year. $6 trillion. look, i was the chairman of the budget committee and now they're

saying what they're going to do is get all this money out of the rich. there are not enough rich people to pay all this. when you start raising capital gains, you kill investment, you kill that and i will tell you what it does. it affects the workers wages. i was the chairman of the budget committee when we work with bill clinton where we cut the capitol gains taxes. in ohio, we cut the income tax, we created an earned income taxes for those at the bottom and we grew from a lost of 300,000 jobs to a gain. this plan which is six billion dollars. >> six trillion. >> hate to correct you but it is with a "t." >> it is hard for me to even say that number. >> right now when people get stuff passed to them, they like

it. the cost and by the way there are so much waste in in efficiency and the federal government, now we are going to pile even more government on top of a base that's in efficient and duplicative. i endorsed joe biden but frankly i am disappointed with the tax proposals which are going to damage this economy and cost us jobs and the level of spending is astranomical. tell your two-years-old, that she will be paying the interest and led alone the debt. >> as you are both saying it is popular with voters and easy to make something popular. mitch mcconnell slammed biden today for quote "false advertisement." he's saying you are for

bipartisanship, he's frustrated with the agenda. does this criticism bother the president at all? >> everybody wants bipartisanship. my old friend here spent the last couple of years talking about it. at the end of the day, there is a gap because of polarization as wide as the grand canyon and between what you want and what you can have. i think joe biden is going to do what are he can at the end of the day to try to push this through. >> right, right. you do bipartisanship. nobody knows it better than mitch mcconnell. governor kasich, as somebody who endorsed biden, do you understand what he's doing though? he did win.

>> no. he was elected to settle the country down, not to bring in all these kinds of massive spending. what they are doing. this is a difference between republicans and democrats, they believe in massive government spending and massive taxes. republicans on the other hand believe in controlling the government and reducing taxes. that's the debate. at least we are talking about the debate, we are not talking about all the insane stuff we did when trump is around. this is a legitimate debate. my fear this will ultimately undermine and hurt economic growth and jobs for americans. i have been there and participated in it. that's why i am not spoken on this. i was there when we did a bipartisan bill to balance the budget and cut taxes with bill clinton. it could happen. >> yes. >> anyway, put me down as undecided. >> all right. >> governor, i appreciate you, always appreciate jamie. thank you both. >> sure. next, live pictures of protest tonight in elizabeth city, north carolina after a

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breaking news, protesters after one week of the death of andrew brown. the people there have been chanting quote "release the tapes." jason carol is on the ground and he's "outfront." >> that's how he'll speak to us. and that'll be his side of the story. >> reporter: andrew brown jr.'s family say they'll have a better account of what happened during the shooting last wednesday now that a judge ruled members of the family can review additional

body camera footage from the deputies. >> i feel good about the situation. >> reporter: judge jeffery foster cited in part overwhelming interests for the family requires the sheriff department to allow brown's adult son and one attorney licensed in the state to view footages recorded by body cameras within the next ten days. >> as for the public. >> the video will be held in release for 45 days. >> reporter: the judge ruled the names and the faces of the officers will be blurred to protect their identity. we caught up with tommy wooden. >> is this the outcome you are looking for? >> not totally.

>> what's the ideal outcome? >> release. >> because? >> for the community transparency. >> reporter: sheriff wooten, body camera footage shows brown's car came into contact with law enforcement twice before he says they opened fire. >> the next movement of the car is forward, it is in the direction of law enforcement and makes contact with law enforcement. it is then and only then that you hear shots. >> reporter: womble criticized the attorney of the family. >> they were designed to prejudice a proceeding. >> i have not given my m misrepresentation. >> reporter: brown's family says they want to see it themselves.

>> not buying it. >> do you think authorities will argue going forward that gave them a justified reason to shoot? >> shoot an unarmed man? no. >> reporter: and erin, just a few moments ago, we heard an announcement from police that the curfew is about to go into effect but when you talk to protesters out here, this is not so much about a curfew, it is about drawing more attention to andrew brown. when you speak to some of the older residents who are marching out here, you get a sense of the reason why. i spoke to a 72-years-old woman, she said "the people here have a long standing just trusting district attorney and police and prosecutors," that's why so many people are out here marching are asking for a special prosecutor to come in and investigate

what's happening here. >> jason, thank you very much. live in elizabeth city. i want to go to joey jackson and our cnn legal analyst. let's talk about the situation here. i understand they got procedures in north carolina on body cam video. we understand the can ontext ofe time we are in. what's going on? why would the judge bar the release of the body camera footage to the public? >> yeah. i know what the judge said, good evening to you, but with respect to the analysis behind it, i don't buy it. we are in an era of new accountability replacing to the police conduct. the police have a major distrust for law enforcement and a major distrust to the government. what's the issue? issue number one, it goes of the lack of investigation or we don't want to impair the investigation. i heard the district attorney attorney waxing poetic with rapt

to what happened and where the car was and where it was going. it did impair his investigation so we are protecting him for not releasing it? maybe not. so how does it come out? we want a fair trial. is the judge suggesting it should not go out until the time there is a trial of a criminal charge. if it is not going out until the trial which will never happen then why are we preeserving and protecting the case. the public has the right to know. part of the reasons people are annoyed and concerned is lack of of transparency, release the tapes instead of having the attorney arguing about it. >> you got the district attorney saying brown drove towards deputies. the family's attorney who watched the 20 seconds clip stands by her account, she saw brown drives away from them. if the body camera footage shows

what the da said happened, they would show it. this is where i get confused. >> i am as confused as you. i trust people to render their own conclusion. we have a jury process and i am not going to tell people what they should see. people should observe what they see themselves. in terms of narrative, this is a world of narrative. what happened? we as lawyers say things all the time and we put exception on things. at the end of the day, the public has the right to know, let them evaluate and draw their own con cclusion on what they s and not what you tell us. >> joey, thank you. next, i am going to talk to boston's mayor, the first black mayor in boston history of what she wants to hear from the president tonight. we have new video between police and rioters between the

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the issue also expected to be a key topic in the republican response by senator tim scott.

"outfront" now kim janey. i appreciate your time, your personal experience here, you as a young girl you were bussed to a boston school as part of the segregation efforts. you have tackled clearly in boston, civil rights is front and center right now. what do you want to hear from president biden and senator scott on these issues? >> first, i want to thank you for the opportunity to be here this evening. i am certainly excited to hear from our president after four years of an administration that denied covid existence and that would not put workers front and center. it is so refreshing to have

president biden in the white house of fighting for everyday americans. he has -- he's going to announce investments and universal pre-k and certainly community college making that free and investments and maternal health. that's such an important issue. when we think of disparities and healthcare and black maternal health, i think he's doing the absolute right thing in terms of investing in our children and young people and families. when it comes to reforms around policing, there is a lot more work we need to do across the country and this president understands that. that's certainly encouraging. >> let me ask you about that. you are actually dealing with that on the ground as a mayor. you have tim scott leading it

from the republican side, cory booker on the democratic. the big sticking point has been qualified immunity which is whether doctrine, can you sue officers, civil litigation, there is a different points of view. senator scott raised the option of shifting responsibility from officers. if you don't cancel the individual officers, you got to give qualifying immunity to the police department. democrats say both should be held accountable, no immunity. what's the right approach as a mayor? >> well, we have to have accountability. this issue was debated last year at the state house here in massachusetts. it did not make its way through and we need accountability. locally here in boston, we are moving forward with more accountability and transparency. i have invested as mayor a

million dollars in the creation of the office of police accountability and transparency. this is essential for our a ability to build trust. we got to make sure we are doing everything in this regard. >> keith ellison was in charge of the derek chauvin's trial sat down with cbs' "60 minutes." he addressed the specific question. i want to play the exchange for you. >> was this a hate crime? >> i would not call it that. because hate crimes are crimes where there is an explicit motive of bias. we don't have any evidence that derek chauvin factored in george floyd's race as he did what he did. >> obviously that's a significant thing that keith ellison said there.

it is obviously not how a lot of americans feel. what do you think about what is ellison said? >> i think while we are all relieved with the guilty verdict in that case, we know that george floyd, one, is still dead and so many others are dead. the next day of the verdict was another killing. i don't know what motivated chauvin has he pressed his knee against the neck of george floyd or 9 and a half minutes but it is hard to believe that would be the case if george floyd was a white man that he would have done the same thing, treated h i am -- him the same way. obviously i don't know what went through his mind and what motivated him. that's not policing. that's the bottom line.

too many people are dying and too many people who look like me are tdying. with with we have to change the system and the conditions that led to so many senseless deaths. that's the work that needs to happen across our country. >> mayor janey, thank you very much, i appreciate your time tonight. >> thank you. >> the justice department just releasing shocking new video of the moment officer sicknick was attacked by rioters with pepper spray. >> and the first major speech to congress since the insurrection. uh-oh, sorry... oh... what? i'm an emu! no, buddy! only pay for what you need. ♪ liberty, liberty, liberty, liberty. ♪ vo: calling all builders, all welders, and roofers. engineers and electricians. calling all brick masons and boiler makers.

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breaking news, graphic new video from the january 6th siege on the u.s. capitol offering a look between a violent confrontation between brian sr sicknick and rioters and you see them behind a line of bike racks. they're behind it. one rider marked with the red aero holding his arm up as he

deploys the chemical spray towards towards sicknick. sicknick died the next day. they released videos after media outlets petitioned a judge to make it public. jessica schneider joins me now. the justice department did not want to share the videos with the public. as you go through them, how damming are they? >> well, erin, they're really graphically giving this very close glimpse of exactly what those three officers went through. you could see it in the video and for weeks now, prosecutors have been fighting the release of these videos. cnn fought and finally got them released today but tonight, we're actually learning that capitol police may have played a role in resisting the release because capitol police did issue a statement saying they did not want these videos released. a lot of these are body cam videos from the police officers and they say they were really trying to safeguard the officers and their families from reliving the trama of that day and you

can see the trama play out there in the video. you can see a female officer recoiling after the chemical irritant hits her face and then of course, there is officer brian sicknick. you can see him pacing along the capitol terrace and cradles his head in his hands and kneels and of course, brian sicknick died the next day after the capitol attack. the medical examiner saying it was from multiple strokes, natural causes but erin, the medical examiner said the traumatic events that played out on january 6th likely played a role in his condition here. so we're seeing this video play out and we get more and more of this video as time goes on. now the justice department charging more than 400 people in this capitol attack and we could see up to 100 more here charged in the weeks ahead. erin? >> thank you very much. jessica. next, a night of firsts for president biden as he prepares for that first major speech to congress and the house chamber

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president biden moments away from giving his first major speech to the nation in a joint session of congress. it won't be what we're used to seeing from the house chamber. it's an extreme and different setting because of the pandemic and current covid protocols and security is very tight given its the first major event at the capitol since the insurrection so there is stepped up police presence, law enforcement, first responders on site. 200 people on the guest list, that's it. most of the 1600 seat space will be empty. so in a break from tradition, seats will be assigned. there are four empty seats between each member of congress. another break from the norm. some of them will be sitting in the gallery above the floor of the house. the president will be wearing a mask until he reaches the podium and then he'll take it off. he is fully vaccinated. there will be no designated survivor tonight. as most cabinet mens will be watching off site. it will be interesting to watch and unsettling in someways. it is a night of many firsts but

coming up in an hour. thanks for joining us. our coverage of president biden's first address to congress continues with a special edition of "ac 360." we are standing by for president biden to leave the white house and head to capitol hill for his first address to a joint session of congress. we're learning he'll confront some of his toughest challenges head on. welcome. i'm anderson cooper with a special edition of "ac 360." an hour from now president biden will enter a house chamber that looks very different than what we usually see. there is a strict limit on lawmakers in the room because of covid-19. roughly 200 people will be in the audience without the typical packed crowds of officials and guests. there will be a historic backdr