35 republicans joined all the democrats in voting in favor of this commission. it now goes to the senate. we'll see what happens there. to our viewers, thanks very much for watching. i am wolf blitzer, erin burnett continues our breaking coverage right now. good evening, i am erin burnett. we have breaking news, the house passing a bill to create a bipartisan independent commission to investigate the january 6th insurrection at the u.s. capitol. 35 republicans breaking from their party, despite heavy, personal lobbying by gop leader kevin mccarthy who we learned called anyone he heard was going to vote for the commission, trying to get them to vote no. a source telling cnn, kevin is pulling all the stops.

175 republicans caved and carried out trump's orders and voted against. the former president calling this a quote, "democrats' trap." democrats gave the minority leader what he wanted. back in february, kevin mccarthy started getting upset about this. he sent a letter to nancy pelosi. she released the letter. equal subpoena power. pelosi made all those changes. mccarthy got everything he specifically asked for but it did not matter. mccarthy voted no because obviously it is not about uncovering why that awful day happened. it is now as simple as this, a loyalty test for republicans to

trump and most to fall in line. listen to senator mitch mcconnell. >> i made the decision to impose the house democrats slanted an unbalanced proposal for another commission to study the events of january the 6th. >> by the way, as mcconnell knows the commission was negotiated by a republican and by the way, mcconnell was not always against studying the event of january 6th. the day after the insurrection he released a statement. "yesterday represented a massive failure of institutions, protocols and planning that are supposed to protect our first branch of federal government. pain staking investigation and thorough review must now take place."

he gave the most passionate speech of his career after trump was acquitted in the senate. >> former president trump's actions proceeded the riot were a disgraceful, disgr disgraceful -- president trump is morally responsible for provoking the event of the day. no question about it. >> well, in his opposition now to an investigation from both mcconnell and mccarthy, it comes as more and more republicans are questioning the very facts, the existence of january 6th.

republican like congressman andrew clyde. >> if you did not know the event on january 6th, you would think it is a normal day of tourists. >> on the day of the incident, he was blocking the door of the chambers from what he called "tourist." here is clyde on the far left pressed up against the wall and appeared to be screaming as security guards pulling their guns as he now claims that people could be confused as tourists. this is incredible. did you think not anybody is going to see this video. the fbi releasing new videos and you can see trump supporters attacking police officers and throwing expletives at them. >> capitol police released statements reading, "we,

members, expressing the disappointment with the recent comments from both chambers minority leaders expressing no need for action for january 6th." >> we have these new videos of police being attacked by trump supporters. mccarthy or mcconnell, i don't know, do they not care? >> it has been a rough couple of years for men and women in blue. the republican conference wanted to not only say thank you but we want to be apart of it and with you. >> the past year has been a difficult job of law enforcement becoming even harder. they battled the challenges of a historic pandemic and in many places, increase crime rates and

unrest. >> well, one case of grappling with unrest, mcconnell and mccarthy voting to not ever find out what really happened. turning their backs on some of the officers who were victims of that unrest incite bide y trump. take it from an officer, he died by the riot. manu raju is "outfront" live on capitol hill tonight. we see how this runs in the house. what are the chances of that happening? >> reporter: the moment it appears pretty slim. the senate republican leaders have come out strongly against this, mitch mcconnell as you mentioned and others raising concerns of politics of a long investigation, something that could come out as the party is

trying to fight to battle back and win control of the senate majority and the house majority as well. the concern expressed by john thunes that this could be used as a political weapon sort against their party when they want to focus on their party and a member of the republican leadership told me that he's concerned that democrats' goal is to keep this investigation going on and on and which is why you are seeing the opposition being overwhelming on the republican side. what's in the house here, 35 republicans did break ranks. of those 35 republicans 10 of those voted to impeach donald trump. others are part of the bipa bipartisan. meek of iowa and rodney davis,

top of the house. the administration voted for this as well. but there is still a fraction of the house. overwhelmingly you are seeing an effort here to try to scuttle this and they can defeat this bill and we'll move to the senate next with 50/50 chambers with 10 republicans needed to break rank. >> thank you, manu. >> i want to go to carlos jimenez. he voted in favor of the commission. you are one of 35 republicans the who voted against what your leadership wanted and against what donald trump wanted. why did you vote in favor of the commission anyway, congressman? >> our leader mccarthy never called me. the reason i voted because when i saw the event of january 6th, being the former mayor of the

miami-dade county and former sheriff, i saw a break down in communications. i saw a break down in coordination and anticipation and i want to get to the bottom of how our security forces allowed a breach of the people's house, the kp capitol. >> just to be clear here, we do know we made calls to several of your colleagues. you you are saying he did not try to call you. we understand that mccarthy was in the back of the chamber of the vote, he was watching closely and obviously leadership was there. they wanted to know who votes which way and we want to know tr trump. are you at all afraid of blocking president trump's view, your party leadership's view? >> that's one of the great things about our party and the leader in particular. i have been able to break ranks with my party on a number of

issues unlike the democrats who don't break ranks at all. they are the most partisan group i have seen or heard of in my generation. they only had two democrats only break ranks in the five months we have been here and so apparently nancy pelosi does not like any of the democrats break ranks with her. >> i am inside and you are not. i know what goes on inside my party, you don't. >> no, i didn't say i did. i said liz cheney was called out on her position. >> she kept on talking ab about -- we need to talk about what's going on with biden. >> i thought you voted about this because you wanted to talk

about january 6th. >> i want to find out the break down of security on january 6th. we should never have a security break down that we had on january 6th that caused the house to be breached. i am happy that our ranking member was able to do a bipartisan and get some concession from democrats. that's why i voted for this. >> are you disappointed for not wanting to get to the bottom of this and not getting answers like you do. >> thwe have differences of opinions. i am not disappointed in him at all. i think he's a great leader, i think he's going to be a great speaker of the house in a year and a half. >> trump made january 6th all about overturning the election. his lie was biden was not the legitimate winner.

you have to hear from his own mouth talk about that day, that vote and what he thought that vote to certify the election clearly signify. here he is. >> all mike pence had to do is send it back to the state and recertify and we become president and you are the happiest people. >> don't certify, he becomes the president. >> i know you voted against certifying the election in two states. those two states would not change the outcome of the election. at 67% of the latest cbs polls of republicans do not believe joe biden is the legitimate winner of the 2020 election. do you have any regrets how your vote is fed into what trump was saying. >> absolutely.

i have no regrets on my vote on that day. i didn't think he cited the events that happened. i saw people in my hotel room say they're going to do something at 2:00 and that happens at 9 clo:00 in the morn. i believe the election law were violated and the legislature who was the rightful place where these laws are made. those laws are violated and that's the reason i voted not to certify pennsylvania and virginia. president biden is the rightful president of the united states. a number of democrats actually voted not to certify ohio which would overturn the conscious.

i do not have any regrets of the way i voted. >> congressman, thank you very much. i appreciate your time. >> now the cosponsor of the bill, homeland security democrat, benny thompson. >> i know a lot of congressman h jimenez said that you would like issue. he did vote. in doing so, he's at risk. he's at risk, his political future is at risk by a vote like that. what do you say to 35 republicans who got on door and voted for your bill in support of president trump. >> first, they took a principle vote. the people who voted on the republican side, they were there. they saw what went on. you want in reality whitewash

the event. it was an insurrection or a riot. whatever you want to call it. it was not orderly operation of the united states capitol. >> so those individuals who voted to get to the facts, we met republicans at every point trying to make this situation bipartisan. as you already spoke to leader mccarthy. word-for-word, we accepted what he wanted. we just want to get to the fee facts. we have to protect the united states capitol, the citadel of

democracy. to see the action of january 6th is hard breaking. i think we have to get to it, my ranking member for being an honorable person in this process. he took a lot of heat. he said i supported because it is the right thing to do. >> i spent 20 years prosecuting criminals. this act that occurred on january 6th needs a thorough review. >> it does. >> that's what mitch mcconnell said, right? i quote him. "a pain staking investigation and thorough review must now take place." now he made clear that he's going to vote against this in the senate and do everything possible to get his republican caucus on board to do the same thing. do you think there is any chance this bill passes the senate, chairman?

>> well, i am optimistic that it would pass. people said we would not get more than 20 vote in the house from republicans. we got 35. i am optimistic on the senate side. if are allowed and not arm twist to vote the other way, we'll get it. every time i see pictures and talk, how did this happen in the greatest country of the world that people attacked our gove gove gove government. we are a democracy. we set the goal standard for every other country in the world who aspire to be what we are. it was tragic.

i think democrats and republicans, oldest we this cou debt to get to the facts to make sure whatever this commission comes up with, we agree to implement it. the senate, i hope they see it. this is not democrats or republicans. for them to make it is absolutely wrong. >> i appreciate your time chairman, thank you very much. i know you and your ranking members worked really hard on this. it can't be said enough that it was bipartisan. thank you so much. i appreciate it. >> thank you. >> chairman benny thompson there. breaking news, new york attorney general appears to be closing in on the sfo of the trump's organization now opening into an investigation to alan

weisselberg. more states requiring students to wear masks. miguel cardona is outfront. >> hamas officials said tonight a cease-fire is iimminent. >> erin burnett "outfront" brought to you by fasenra, for more information, visit fasenra.com. it's not a steroid or inhaler. fasenra is an add-on treatment for asthma driven by eosinophils. it's one maintenance dose every 8 weeks. it helps prevent asthma attacks, improve breathing, and lower use of oral steroids. nearly 7 out of 10 adults with asthma may have elevated eosinophils. fasenra is designed to target and remove them. fasenra is not a rescue medication or for other eosinophilic conditions.

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this is according to people familiar with the investigation, when they say this investigation had been going on for four months. the probe is likely to increase pressure on weisselberg to cooperate with the investigation into trump's businesses and possibly turning on trump himself. this comes after attorney general james announced the organization investigation is now criminal and not civil. criminal investigation into the person we have been told knows all the skeletons buried. what can you tell us about this probe into mr. weisselberg. >> that's right, sources tell me that the new york attorney

general's office has opened a criminal investigation, a tax investigation into alan weisselberg, this is run by a unit within that office that has its own criminal authority, they usually bring tax cases. this unit is kuconducting that investigation. that's different of the development has occurred over night where the new york attorney general has joined with the manhattan investigation into trump organization. jennifer weisselberg has been cooperating with authorities. alan weisselberg has not been accused of any wrong doing but the pressure is mounting on him on two months, the da and the ag looking into him and you know some of his business dealings with his children. that's another real

vulnerability point that prosecutors use to leverage people. we should know alan weisselberg cooperated with the trump organization. he sat for a deposition last summer. the stakes have raised a lot here in this time. the da's office have the trump's organization taxes at this point. there are a lot more at stakes for him and the president. t he's been by his side for 40 years. we should note for this story, alan weisselberg's attorney did not comment. he did add a criminal defense lawyer who specialized in taxes for his team so they are gearing up for this. i want to go to our senior analyst and laura coates and the author of "the making of donald trump." laura, we find out about this criminal investigation into a guy 40 years working with trump.

alan weisselberg, how afraid should he be? >> well, he probably not only knows where the key to the castles are. he's not charged with a crime and cooperated in some respects. everyone assume that is if there is somebody like donald trump within the organization at the goal of every prosecutors to go for the so-called bigger fish. the cfo, the trump organization is a pretty big fish in its own right. if there is any wrong doing that may be alleged in the future on the civil or criminal side, the idea that they would use him as a cooperator to get to somebody else and not pursue prosecution is far from the truth here. it is always that phrase, nothing is certain but deaths and taxes, the way which trump organization either as payments of benefits or used as a way to down play payroll taxes or

inflate or deflate assets. it is a common theme and the thread seems to be closer and closer of the entire trump organization. >> of course, david, it is the trump's family. weisselberg and the trump's family go back to the 1970s. 40 years as we know. we have been told the former trump employee told cnn, alan know where is all the financial bodies were buried. jay goldberg, once told me, in terms of the may money trail, donald could be hurt a great deal by alan weisselberg. what do you think, david, does he stay loyal here or does he turn on trump? >> well, the trick for prosecutors here is to persuade alan weisselberg if he does not

cooperate, he's going to die in prison. what do you want to do? you want to turn on this man who you have been completely obedient to for 40 years and his father. he's so closely connected to him and brown beaten by donald and stayed around. that's the crucial question here. it is entirely possible, you could see alan and donald under trial together. new york state has a little rico act, that's another likely charge to be brought. you only have to show three criminal acts to qualify for that. finding three criminal acts of trump's organization is about as hard as finding a traffic light in midtown manhattan. >> laura, i get the analogy.

i also want to ask you about the context here. we got this criminal investigation into the chief financial officer. you have the attorney general investigation into trump. we have been covering it for a while, civil, civil, civil and now criminal. tell me why it is so important. what may have changed which appears to be so significant. >> that's the big question is why now? we are learning of the criminal investigation, we don't know when the trump org was informed and how long they have known about it. the question is what has changed. is there introduction of new information or the level and aggregate of what the conduct has been. oftentimes you look at the overall scope of what's being done or alleged or investigated. >> you can go to a civil liab

liability, depending on the scope of the kconduct and the egregious nature of the kconduc. without having seen all the nature, at they're talking abou the aggregate or a smoking gun. the aggregate and the nature of the actual behavior to show there was an intent to not only thumb their nose at attack laws but tsystemically try to evade r break the law. >> david, trump is responding to attorney general james was. he then went onto say they fail to stop me in washington so they turned it over to new york to do their dirty work. this is what i have been going through for years.

i built a great company all i do is get attack by a corrupt system. >> this will work with certain people. it is the same play book he used to ait can investigations in the past. will it work this time? >> no, i don't think so. donald trump always is attacking la law enforcement. he has been very successful for that. he beat four grand jury as a yo young man. because he made himself in the public spotlight by running for him and becoming president. well, there is a lot of white collar crime and we don't need to go against this guy. >> no. >> his own lawyer said donald forged one of his tax returns

and he said it under ooet. >> it is incredible to see what could happen hereafter so many dec decades. >> david, laura. should vaccine be required for kids to go to school? the u.s. education secretary is out front. the man is using that incident to enough. >> god came knocking on my door and it really did wake me up. because every new day starts the night before. and a quality night's sleep is scientifically proven to help boost performance. the new sleep number 360 smart bed is temperature balancing. and it helps keep you asleep by sensing your movement and automatically adjusts to keep you both effortlessly comfortable. proven quality sleep, is life-changing sleep. only from sleep number.

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that's in direct of defiance of cdc's guidelines. governor abbott's order prohibits mask mandates in public schools. texans and not government should decide their own best health practices. in south carolina letting their kids going to school without a

mask. secretary cardona, i appreciate your time. in south carolina, utah and texas, what's your reaction to these moves that are basically saying our kids don't have to wear masks in public schools. >> since the beginning of the pandemic, i have leaned on our science and health experts to give us the right guidance and it worked well in connecticut when i was commissioner there and it is working well across the country. i am going to lean on science and health experts to give us the guidance. >> you support the cdc is now saying kids need to wear a mask and you support that. >> let me ask you about the other side of this. you know more than 200 colleges and universities, now required students to be vaccinated. they're making it mandatory. the pfizer vaccine is available for kids 12 to 15 and younger

kids should be at the end of the year. should it be a requirement that every child be vaccinated in order to be an in-person classroom. >> we noknow vaccines are the bt way the make sure our community and schools are safe. i will leave the question as to whether it should be required to the health experts and the science experts but what i do know is this past week over 600,000 vaccines were given to students ages 12 to 15. that gives me hope that we'll get our schools reopen for every student and every day. >> if not now or by the fall. >> i noknow vaccines in general are required. basically there is whole list of vaccines they are required without them. that's the rule. do you think covid will be on

that list eventually? >> i am not sure if it will. i know we'll continue to work with our partners at health and humans and services to make sure we are following the guidance they provided and cdc and it is something that we have work ed with our partner in the past. >> there is still a lot of kids and this is shocking and upsetting to many that who are not full-time in class. there are some places where it is significantly worse than that. is there any excuse do you think secretary cardona for public schools to not be open five days aw a week for stupt students. >> we have the resources and our rescue plan to give the tools or whatever it is needed and we

have support, we are ready to roll up our sleeves where it is needed. we have great examples of working across the country. it is my expectations that all schools are opened in the fall. >> the federal government can't mandate us, it is our job to support our streets and district. >> this is been getting a lot of coverage, the new york city department of education says they'll stop testing given, boston public schools suspended a selective prom dowue to the pandemic and concerns. >> do you support this trend? >> i support making sure all tunts have access of learning. i know we need to double down in

our efforts to make sure we are providing not only the intervention that students need but quality engagement and all students have the access and acceleration as well. >> some people say if you get rid of these programs, you will have more and more families opt out of the system. are you afraid of that? do you see this fundamentally as an equity issue, social justice issue or something else? >> all students deserve an opportunity to learn at high level. >> i don't think you can think about reopening schools without reimagining it. to say that only some students are access -- we want to make sure students have access to the classroom as soon as possible because that's where they learn best. >> secretary cardona, i

appreciate your time. she became an over night celebrity. he's hoping his new found fame sends him to washington for the senate seat. hamas officials telling cnn the cease-fire is imminent. is it an end to the bare remotely, their site? >> ision. it's the most studied eye vitamin brand. if it were my vision, i'd look into preservision. only preservision areds2 contains the exact nutrient formula recommended by the nei to help reduce the risk of moderate to advanced amd progression. i have amd. it is my vision so my plan includes preservision. [sfx: kids laughing] [sfx: bikes passing] [sfx: fire truck siren] onstar, we see them.

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. he's running as a republican to defend missourians. sunlen safarty is "outfront." >> reporter: i took a stand against them. now i am asking the public to take a stand for all of us. the moment that catapult him into the spotlight. >> god came smashing my door last summer and it did wake me up. >> reporter: clprotesters appead outside the house last june.

images of him and his wife pointing guns at protesters went viral. >> i am not the face of anything opposing the black lives matter movement. i was a person secocared for my life who's protecting my wife and home and my li livelihood. the couple gbecame over night celebrities. >> it is a disgrace they want to prosecute these people. >>. >> you have seen us on your tv screen and twitter feeds. we are not the kind of people who back down. thankfully, neither is donald trump. >> reporter: him and his wife are still facing legal trouble from the now famous incident, each charged with a weapon charge and evidence tampering. they have pleaded not guilty.

their criminal trial is set for november 1st. missouri's governor have vowed to pardon them if they are convicted. >> the people out there in this country are sick and tired of cancel culture. >> reporter: the race to replace retiring senator roy blunt is still taken shape.cclosky is en field. >> when was a last time a politician defended you. >> reporter: he's already framing himself as an outsider running in the field of po polit politicians. >> i have never been a politician. >> reporter: one dynamic that'll be so interesting to watch in the republican primary will be the trump factor. the girlfriend of donald trump

jr., she's actually working for their campaign so mccloskey may not get trump back eventhough the former president reached out to him a few times. >> sunlen, thank you so much. >> dana bash is joining me now. this is a candidate that came to fame. the picture of him in front of his house and we all saw this. it seems to be a draw for a crucial block of voters. president trump, it is a draw for him. he's on fox news as a guest regularly. >> what does it tell you about his candidacy? >> i talked to some republican strategists about this. one describes it that he's a maga celebrity. he's the first real maga celebrity if you will.

somebody as you said became famous by being on fox all the time after the incident that you reported on. the question is whether or not that is enough for someone like him especially in the kind of race where he is, already he's got a couple of republican opponents to get the nomination to be able to run for senate missouri. erin, there are a number of and might be on that side of the republican party but have much more experience and more well-known. it's a big open question. it makes me think of joe the plumber, remember him from 2008? he campaigned with john mccain and did run for congress. he lost by 50 points. we don't know whether or not this candidate will be more joe the plumber or whether or not

he'll prove this is a very different politics thanks to donald trump. >> yeah, and you know, he has taken on the trump mantle so aggressively and attacked the h mississippi congresswoman bush. according to the washington post, bush was among the mavrnl -- marchers who encountered mcel him. >> these radicals are not content marching in the streets. they want to walk the halls of congress. they want to take over. they want power. these are the people in charge of the future and future of your children. >> so, is there a way to tell how much that is resinating in that race? >> there isn't but there will be. it will actually be really interesting. it will be an interesting test to see just how much that kind of message if he does go up

against politicians who have taken the more traditional path. we will see whether or not that will resonate. what we do know is that just broadly speaking because that kind of rhetoric mirrors what fox news viewers and other conservative media consumers like, there is definitely a sliver of people who will like that. we don't know what kind of candidate he'll be and what kind of operation he'll have around him to try to harness that. >> dana, thank you very much. next, breaking news a barrage of rockets were just fired just now towards israel. you see it on your screen. two air bases among the targets even as hamas claimed a seize fire was imminent.

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question. earlier israeli prime minister benjamin netanyahu says it will continue despite president biden said he expected a significant deescalation today on a path to a seize fire. phil mattingly is "outfront." the white house is showing n netanyahu is doing what he wants to do impervious to any pressure. is there any significance biden is having an impact? >> you showed the pictures that would imply no. they want to wait and see. they made it clear they wanted to see a deescalation. that leaves a lot of wiggle room. they understand it's in the 11th day and understand hundreds of lives have been lost and they understand it's not just about this conflict, though that is clearly the most important thing

on their mind and about the broader relationship and how the president is viewed globally. they made clear over the course of the first 245nine days they e taking quiet but intensive diplomacy. the president's message not just today but also people familiar with monday's call to prime minister netanyahu made clear there is a firmer tone. you need to understand it's not just what is going on in the middle east or what is going on in the united states but internationally. there are u.n. resolutions the u.s. continued to block. they have tried to give the israelis space and want to see some type of effort to lead the israelis towards some type of resolution. they are not just working with israelis but regional l partner to create the space for some type of pause at least seize fire at best to come to fruition. they aren't there yet. given the fact there is a shift in tone, it under scores they want something to change quickly and whether or not that happens,

well, they will wait and see over the course of the next 12 to 16 hours. >> you know, they are talking about biden has been pressured by the left to do more. there is a much stronger propalestinian group within the democratic party and made this a human rights issue. they have been very forceful about that. have they had an impact in forcing his hand, in forcing him to take a stronger stance on netanyahu? >> you know, white house officials say it hasn't had a dramatic affect in their approach. they tried to stay with the approach they believe will best give them a chance for an outcome but in the call monday between netanyahu and biden, the person familiar with the call said yes, the issue of congress and the democratic parties shift on this issue did come up. there is very clear domestic pressure. erin, just today a group of progressive democrats introduced a resolution to block an arm's sale $735 million of arms to israel that predates the current conflict.

it under scores there is a different democratic party when it comes to this issue. it a warning sign where things are going and the president isn't just going to have to deal with it now but on this issue for the entirety of his time in office. >> yeah, it's a huge shift, you know, for someone like him who spent a career viewing israel from a different lens. thank you very much phil mattingly and thanks to all of you for joining us. anderson starts now. good evening. the house had just passed legislation establishing a 9/11 style commission to invest gate the attack on the capitol and got 35 republican votes and goes to the senate where it needs the support of ten republicans to survive. minority leader mitch er mitch will not be a republican and went so far to lobby senators on it earlier today. seems both of them got the message from the man that incited the rioters them self. republicans of the house and

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