i am wolf blitzer in "the situation room," you can always follow me on instagram or tweet the show. erin burnett with "outfront" starts now. "outfront "next, top republican leader urging his party to vote against the bipartisan investigation into the capitol insurrection after kevin mccarthy objected to the probe. why? qanon setting its site on arizona's third audit. their supporters echoing trump. arizona is key to over tturning the election. the house passed the bill to address anti- asian hate crimes.

62 republicans voted against it. good evening, i am erin burnett. cnn is learning house republican steve scalise is urging his colleagues to vote against the measure and back mccarthy who refuses to sign off on the commission. why? the commission itself is bipartisan. and there was of course a time when maccarthy was outraged and angry on january 6th when he called the president for account. >> pretty basic sentence from kevin mccarthy. a week later here is the same kevin mccarthy. >> i don't believe he provoked it if you listen to what he

said. >> two days after that, mccarthy went down to see trump at mar-a-lago to make sure he made up for his comments, in good graces with the king. here they are. he knows more about trump's mindset that day than anybody else. he was on the phone with trump. the former president was watching these images, images you are seeing now, trump is watching them and talking to mccarthy. congresswoman jamie herrera, a republican was told by mccarthy that mccarthy tried to get trump understand the severity of the situation, he pleaded with trump. mccarthy told her that trump actually claim to mccarthy that the people there were antifa and mccarthy responded to trump, no, they're your people. call them off.

of course, trump refused. trump said, "well, kevin, these people are more supupset of the election than you are." mccarthy responds to trump, "he tells them, who the [ bleep ] do you think you are talking to." he does not want to tell the full truth today. >> would you agree to speak to the commission about your phone call with trump on the 6th, anything regarding the 6th? >> mccarthy did not answer that, he walked away. mccarthy wants to do everything

he can to stop a commission. everything he can, not only because of his potential exposure. he think it may hurt his chances of becoming speaker one day. one republican acknowledged the situation, quote, "kevin got too scared." the reality is it proves something important that for mccarthy this is above all about politics and not about truth. that's not new for him. if you look at the benghazi commission in 2015, we spent a lot of time on this. we did an entire documentary, hours long on the attack that killed four americans. that deserved a thorough ig investigation. for maccarthy it was not about that. it was about getting to hillary cli clinton. >> everybody thought hillary clinton was unbeatable. we put together a benghazi special committee.

what are other numbers today? her numbers are dropping because she's untrustable. nobody knew that. >> mccarthy publicly backtracked and said he didn't mean to imply it was political. benghazi was important and it deserved a thorough investigation just like the event on january 6th deserved a thorough investigation the capitol attacked by a group of insurrectionists. now it is too late. the lies of that day and the election being stolen, they have taken a life of their own. they are now run rapid. >> you didn't know the footage was from january the 6th. >> doj is harassing peaceful

patriots across the country. >> okay, these comments according to congress members. >> if there is anybody in this chamber who does not believe it is important to get to the truth on the 6th or who wants to make believe what happened on the 6th did not happen like a typical tourist day at the capitol, they are not fit to serve in this chamber. i have had it. >> i am going to speak to mcgovern in a moment. i want to make a point. it is not just democrats who have said it. look at the circus that it is the third election audit in arizona. first two is nothing. republican officials calling

trump's lies unhinged and telling me last night this has to stop. >> stop indulging this. stop giving space for lies. this is a rude awakening to what politics have become. >> mccarthy is a symbol of what politics has become, unwilling to do his job and unwilling to get to the truth because he's afraid. manu raju is live on capitol hill. let's get to the bottom here. steve scalise going out urgently voting against this and trying to get as many republicans to not sign on as he can. where does the vote stand? >> well, it would get out of the house tomorrow, there is no question about it. >> reporter: mccarthy is moving

his opposition significant because it could influence the vote in the senate, i will tell you why. he would have come out and support this. there would be a significant bipartisan majority that would pass in the house and make it a bipartisan majority would pass in the senate. in the senate, you need 60 votes to get anything through. that's 50 democrats right now und undoubtedly supporting this plan. can they get the ten republicans? yesterday he told a group of us what he thinks the bill can pass in some form. having a narrow focus on the events of january 6th are good enough but today he didn't realize the republican leadership in the house had not signed off on it. it is still an open question. the key question is senator mitch mcconnell. i asked him whether he still had concerns similar to mccarthy, it

should be focused on the protests, he did not go that far. he did say he wants to look at this and concerned of the nature of this. eventually, erin, even steve scalise who's recommending a no vote geagainst this and we expe this vote to pass. the question will be on the senate republicans lap and how they come down to this and what do they have in question. they voted to convict donald trump. there were only seven republicans who did just that. ten break ranks. that's the biggest questions to ensure this to get to biden's desk. >> manu, i want to go to the chairman of the house of rules committee. chairman mcgovern, i appreciate your time. leader mccarthy matters and he matters for his rank and file

and skcalise is going out and urging them, they don't want any republicans vote on this. why did you think when you try to get to the bottom of this, mccarthy opposes the january 6th commission that would be b bipartisan. >> that's a good question. i concluded that kevin mccarthy is a weak individual who's afraid of donald trump. the ranking members worked out this deal with chairman benny thompson and it is a bipartisan deal. mccarthy sent a letter to spe speaker pelosi with all these demands that were dnecessary in order to win his support, a number of commissioners and subpoena power and on and on.

we met all these conditions. all the things that kevin mccarthy wanted included in this compromise. and yet to everybody surprise, maybe not everybody surprise, he came out and said he was against it. the only reasonable conclusion is he's afraid of donald trump and he does not want to offend him or disinvited to mar-a-lago, it is sad and pathetic and getting to the truth matters here. i was there. i walked down to the speaker lobby and saw this mad mob breaking the glass. there were republicans there as well. my hope is that my fellow republicans will stand up to the bully in mar-a-lago and do the right thing and get to the truth. the american people deserve the truth. >> i think it is important by

what you pointed out. you met all the demands in the letter. and now still, he says no. you know i want to ask you about the senate side. manu is pointing this out. you get it through the house because you got it through the house. this is a crucial vote for them. lisa murkowski says trump should testify. he's a key individual. what do you think about her point of view. he'll likely refuse but does this give you heart? >> it does. some republicans in the senate stood up. i have great respect for liz cheney for her willingness to stand up for the truth and not bother with the big lie and

cont continue calling on accountability. i hope people are going to look at her and mit romney and senator muse senator murkowski and others and say this is the time to do the right thing. it is what we all strive to achieve here on capitol hill. it is controversial that kevin mccarthy gotten cold feet because he's afraid of donald trump. it is pathetic. i urge my republican colleagues, do the right thing. it is important that this commission moves forward and a forward counting and the truth reve reveals. >> mccarthy is now saying that. mcconnell interestingly did not

go that far. the ranking member of your committee said this at your hearing today. i will play it for viewers. >> it brings sense. previous attempt to attack members of this body. after all, 9/11 were able to look, also the broader context down to which those attacks rose. it seems this commission should do the same. >> interesting parallel he draws to the 9/11 commission and the ability to go broad. do you think he has a point? >> no, i don't. the manner of this commission allows the commissioner to look at anything related to january 6th. it is similar to the september 11th commission. some republicans want to look into black lives matter or the attack on the republicans during

the baseball game. they are throwing all kinds of things out there to make it impossible to talk about what happens on january 6th. this place was attacked and there was an insurrection. we had people walking to the capitol with confederate flag flag and we had people dying and wounded. come on, this should not be controversy. the qanon wing of the republican party is holding mccarthy's feet to the fire and he's frighten to death over donald trump. it is incredibly sad. i said today his opposition to this has nothing to do with policy or substance. it does have to do with character. this shows his lack of character because he's afraid of donald

trump and his unfit to lead. >> chairman, i appreciate your time. thank you very much. >> all the best, be safe. >> chairman mcgovern mentioned qanon. we have new details of the group's followers. live pictures of the protest in north carolina after a district attorney claiming the shooting of brown was not justified. president biden not answering questions about the growing conflict in the middle east. >> mr. president, can i ask you a quick question about israel before you drive away? >> no, you can't. at aspen dental, today is the day to take back your smile. why wait? we're here nights, weekends and right now, to give you exceptional care and 20% off your treatment plan. new patients, take the first step

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the state's most p papadp home. tonight she will not stand down. >> let's get this thing done and get our questions answered and get it out to the republic and

let everybody know that our next election is 100% secure and everybody feels comfortable going to the polls again. >> there has been two audits and they have not found anything. the cyber ninjas, there is a name for someone going to write your audit amplify election conspiracy theories, conspiracy that qanon is embracing. they are laser focused on arizona and the former president is saying this is it. we can win the state. are there people who now believe this audit could overturn the whole election? >> yes, this cyclone of disinformation that gets

pecolated on blogs and it is what we saw on the lead up to january 6th. this should not be too surprising. this audit and sham that's happening right now in address is a result of a conspiracy theory. i want you to take a listen to mike lyndell speaking to abbann. >> it is huge. you have an example of the proof. >> look, you may look at that and say what does the pillow guy knows. this is the stuff that's

sticking. i heard from one trump supporter a few weeks ago in texas who says arizona may be the first domino to follow and we are seeing all across these qanon forms of absolute obsession by tl trying to look at the big lies. we have seen it with january 6th and march 4th where they thought trump was going to come back. every time we see something like this there are a lot of americans who believe that something is going to happen and there is a potential for violence when it does not. and not to mention of course the long-term effects this will have on trust in elections in arizona. >> thank you very much, pretty sobering. i want to bring in maricopa

coun county's mayor. let me give you a chance to react to this, another false hope to overturn the entire election from november. >> you are absolutely correct. this is what this audit is about. we have been at this for 196 days. it has been six months since nevada 3rd election, the intent of many of those continue to push conspiracy theories and unfounded statements, their only attempt is to overturn the will of voters in arizona and overturn this election and continue to justify many of the voter bills that are going to the legislature right now. how do we justify many of the bills that's going to hurt people of color and retirees and low income voters. we continue members continue to

push this and the outside organizations that continue to push this as well. >> so let me ask you and again i keep emphasizing this is the third audit in your state because it is significant. there is been two and nothing changes and nothing changes again and now the republicans is going to a third with a cyber ninja company overseeing it. >> one of the auditors hired by the state senate said oh wait a minute, we found the files. and now they found them and they're all there. everybody knew what it was. do you feel vindicated that at this point they admitted that? >> not at all. the fact is you have consultants that are unqualified and they

had never been involved in a county wide election audit this size. they don't have the expertise for the knowledge of election and procedures and our machines and tabulation system and they are clueless. this is an example of a group of consultants have no idea what they are doing. they are running around in circles. it is a sham, it is a circus. the only attempt is throw a red meat to their base and trying everything they can to undermine our democracy and undermine the will of the voters and continue to push voter suppression bill. that's what it is all about. >> you are a democrat and you have been against this from the beginning. all the republicans and you are united on this. you were the first to speak out though. they're doing it nationally, stephen richard who spoke out

against the audit. here is what he said to me last night. >> i came into office trying to make it boring as possible and this is my first national interview, at some point, we are humans and there are good people working here at maricopa and i was tired of them being defamed. >> it sounds like he was hoping that he could sit on the sideline and it would go away. he's speaking out nationally. >> what are your republican boards saying to you, why are they all speaking up? >> i mean enough is enough. we were accused by a letter that was sent to the board. enough is enough. you have county wide republicans across maricopa county and some

of them come out and say they are opposed to this audit. enough is enough. you have senators that are standing up and saying enough is enough. we need more. we need other republicans to join democrats to say enough is enough. we need our governors who's been silent and our attorney general who's been silent. anyone who's running for office in 2022, they have to decide. they're going to have to make that decision. for those folks that want to stand on the sideline be quiet, unacceptable. they need to pick a side and be clear and loud. let's protect our democracy, our election is safe and secure and accurate. >> supervisor, i appreciate your time. protesters taking to the streets tonight in north carolina. the deadly shooting of brown jr.

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the north carolina, pr protesters are walking after announced the shooting death of andrew brown were justified. joe johns is "outfront ". i will warn you some of the piece you are about to see is graphic. >> mr. brown's death while tragic was justified. >> reporter: the final word from the district attorney on the investigation into the fatal shooting of andrew brown jr., no criminal charges for the officer involved in the 42 years old death. when you employ a call in a

manner that puts officers' lives in danger, that's a threat. i don't care what direction you are going, forward, backward, sideways. i don't care if you are stationary. >> reporter: video shown the attempted arrest on april 21st when deputies in elizabeth city, north carolina were attempting to serve brown with two warrants and a search warrant. this was a first public viewing of the much discussed body cam video and the incident that lasted 44 seconds. you see deputies jumped from the back of the truck before confronting brown and a parked bmw. the deputies opened fire and 14 shots.

the da says brown used his vehicle against the officers. w >> when the first shot fired, he was sitting in his car and he was beginning to backup. at no times we saw him going towards the sheriff deputy. he began to backup because he wanted to get out of it. >> they say brown's death was white washed by the district attorney. >> dr. kelly determined brown suffered two gunshot wounds, one to the right shoulder to the arm that was non-lethal and the second wound in the back of the head near the hairline. >> what our preliminary autopsy report shows there were five penetrating bullet wounds to the body of andrew brown jr.

>> reporter: the family released a statement following the press conference saying in part, to say the shooting was justified is an insult and slap in the face to andrew's family. >> reporter: back live now in elizabeth city, these protests, some of them have called for the re recusal of the district attorney and not clear if he's going to do that. the other thing that's important is the charlotte field officer of the fbi has announced an investigation. so this case probably is far from over. >> erin, back to you. >> joe, thank you very much. and important information about the fbi. i want to go to wayne ken ddell

weeks ago you said it was unjustified killing and now you heard the da, and quote, "what happened was jeffed." what justified." >> what do you say to the da. >> thank you for having me again. anybody who saw the video, mr. brown backed up his vehicle and he went across the vacant lot. there was a deputy there jumping in the pad of the vehicle and initially jumped back out. this is what their manual teaches them to do. da womble never want to mention that the vehicle occupied by

about individual should not be shot into. he never mentioned any of those requirements of the da's sheriff's office. when you shoot into the vehicle, you take the risk of hit that person and the vehicle becomes uncontrollable and who knows where it may end up. he's wrong of his interpretation. >> we are only getting 44 seconds in. i know one of your frustration is how they have taken so long and how much you were able to see and it was drips and obviously you are seeing much more than we are. we are getting 44 seconds. there is a deputy that gets in front.

you have been consistent saying that the vehicles did not go towards the deputy. the da today says brown ignored the commands of deputies and in his words drove directly at deputies. let me play the body cam video that the da claims to make this case. [ bleep ]. >> the car starts to accelerate but it turns to the left. it appears that brown is trying to get away and not trying to go at deputies but trying to get away. >> the da is using this to make his case. do you think it actually makes yours? >>. >> erin, first of all, da womble

selected certain portions of the video that he thought supported his narrative. the video he shows is selective by him. they're are snippets and clips. we need to see the entire video. in the hearing that we have to dislowclose the video, he objec to the media and to us and its en entirety. he comes back without a court order and said i am not subjected to the law. i can show you the video of what you decide you should see. >> it is unfa ir to us. we have seen portions of the video and only 19 minutes or so. we came to the conclusion that he did. da womble is the wrong person to

have been making the decision whether or not to charge these officers or not. he works with them everyday and dependant on them to make cases that he prosecutes. he'll be woshlrking with them t next 19 months. he should not have been a person making a charge in the decision. >> wayne, i appreciate your time. this is not over and you now have the fbi investigating so we'll see what those next steps are out of the fbi. i appreciate your time, wayne. >> thank you. the pressure is mounting for president biden to do more of the growing violence in the middle east. so far he's staying very silent. why? . lawyers for rudy giuliani claims he was not calling for trump supporters toover take the capitol when he said. let's have trial by combat. rock on. tonight i'll be eating lobster thermidor au gratin.

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this academic year has been, um, challenging. but i think there's so much success to celebrate.

woman: it's been a year like no other. man: yet, for educators across california, the care, compassion, and teaching has never stopped. woman: addressing their unique needs... man: ...and providing a safe learning environment students could count on. woman: join us in honoring the work of educators. together, we will build a better california for all of us. many protesters want to see an end in the violence in the middle east. president biden would not take questions about it.

>> mr. president, can you ask you questions about israel. >> no, you can't. >> kaitlan collins is "outfront." the president is making it very clear, he does not want to talk about it and does not want to take questions. >> yes, he barely answered that question and yesterday he answered question about to tell us he's going to speak to the prime minister. he's left to his officials. what we know privately he seems to understand the pressure that's growing here and some of his democratic colleagues to take a stance on israel. his second call with benjamin netanyahu rkng netanyahu, he took a firmer

tone. there are other u.s. allies that had come out and call for a cease-fire. and so when we ask the white house, we talk to them about the reporting he had taken a tougher tone with benjamin netanyahu. a white house official says he's direct with his conversations with world leaders. there is going to be this quiet and intensive diplomacy as they call it. they're not going to be commenting and offering analysis to what is happening, the violence there on the ground. >> i get the feel that the protest that he's seeing the kind of pressure he's seeing much more public and large than we have seen in the past. p

p p p p p p p pro-palestinians. >> as you saw today he was t talking to rashida tlib. na you see biden is one leader in the democratic party who had not taken that step yet and he's gotten some praise for republicans for that. how he navigates this depends on what's happening on the ground there. the pressure is going to continue to ramp up. the white house is fully aware of that. kaitlan, thank you. >> next, rudy giuliani's lawyer is saying he was not calling for an insurrection when he called for trial for combat. 62 republicans voted against the bill to address the spike in anti-asian hate crimes. how come?

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get to see the machines that are crooked, the ballots that are fraudulent and if we're wrong, we will be made fools of. but if we're right, a lot of them will go to jail. [ cheers ] >> so let's have trial by combat. >> giuliani was central to former president trump's attempts to overturn the 2020 election. and now he says in a court filing that those words hyperbo. giuliani now saying it was all hyperbolic. does that stand up in court? >> no, erin, it's utter nonsense and here is why. a statement can be both hyperbole and intended to i incite. it means exaggeration and

something intentionally over stated. sus sometimes that's what people do when they're trying to do something drastic like this and look at the statement in context. what happened in the two months leading up to january 6th. rudy giuliani was losing lawsuits all over the country and eloquetells the crowd your democracy is being stolen from you and being told trial by combat. it's hard to accept as benign. >> as you say, it really well said what you said. hyperbole can be purposely used to incite, in fact, it often times is. his lawyers are arguing the riot was orchestrated by protrump extremist groups to whom gu giuliani they say has no confection but i find it interesting because giuliani himself said antifa was behind the riot that's been thoroughly and debunked by the security

apparatus of security. my question to you, though, is why do you think giuliani flipped on this going from antifatremists are responsible? >> the courts can have a real sobering effect on people. it's one thing to pop off on wild conspiracy theories and another to say it in a court of law. they probably made a reasonable calculations. the crowd is literally waving flags that say trump. they're wearing trump gear. they're chanting for trump so i think it's a smart legal strategy, i guess unavoidable to at least have to concede that much, as much as rudy and trump's loyal defends might not like it. >> right. you know, the fact that would pass for some sort of truth telling is stunning but it is a move to giuliani. the legal troubles are mounting. two lawsuits by democratic

rioting under federal investigation and his political work in ukraine. two technology companies are suing for defamation for $2.7 billion and $1.3 billion so now allies are going to, well, the person behind it all, trump, hey, help me pay the legal fees. so far nothing. so far nothing. what does this financial liability mean for giuliani? >> yeah, i'm not sure i've seen one individual looking at so many criminal investigations and so much civil liability at once. money matters when it comes to lawsuits, when it comes to court. it very expensive to defend yourself. ultimately, i've seen people flip, cooperate because they ran out of money. so not saying that's likely here but i've seen it happen. >> wow. all right. thank you very much. >> thanks, erin. next the vote today. 62 republicans want to protect asian-americans from hate crimes. this a broad statement on hate

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intended to count aerornti asia crime. 364-62. democrat skps and majority of republicans voted for it and they include marjorie taylor greene, brooks, dates, paul gosar, the usual suspects there but 62 of them. why? americans like this man have been attacked in the united states. two women in new york here beaten by a person with a hammer singled out by someone with hate because they were unfairly blamed for covid's origin. it would speed review of possible covid-19 related hate crimes and incidents reported at the federal, state or local level and federal agencies working with local communities to raise awareness and set up a system for local law enforce the to report these crimes online.

pretty controversial. why would anyone vote against a bill to protect americans? protect people who live in the united states? well, 62 of them did. the bill goes to president biden's desk this week. thanks so much for joining us. anderson starts now. good evening. a man who was justifiably frightened by what he saw at the capitol on the 6th of january but had a moment of courage to stand up to the president of the united states has completed his metamo metamorphosis. no more moments of courage from kevin mccarthy and as you'll see, his defense of that transformation is striking and intellectual dishonesty. last night, along with breaking news on the election lie we touched on reporting from jamie gangel on the capitol attack. her sources telling her he was concerned about being called to testify about his conversation with the def