erin burnett starts right now. "outfront" tonight, we have breaking news, "the washington post" reporting the grand jury that's deciding whether or not to indict donald trump. money talks clearly after five days, republican leaders fi finally condemn marjorie taylor greene's comment. a memorial tonight to remember george floyd, one year

after his murder, let's go "outfront." good evening, i am kate baldoun in for erin burnett. e today's development suggests the investigation which had been going on for more than two years is now entering advance stage. the district attorney vance le believes he has found evidence. it comes as trump defending himself holding accountable for the deadly insurrection for january 6th. for the first time trump is defending his action on january 6th saying he has absolutely

immunity while he was president. a lot of breaking developments to get to. i want to bring shana jacobs. tell us more of what you have been learning. what are your sources tell you? >> hi, kate, the investigation as we know has been going on for two years at this point. this development represents the probe reached the later stage of the overall investigation. this does not mean necessarily that charges are very imminent and certainly district attorney could ultimately decide not to present any charges relating to anyone or the company itself at the end of the the grand jury's term.

it appears that things are developing and things are progressing here. >> what are your sources telling you in terms of how serious the investigation is now. it is very broad and wide. they gone in many different directions. >> people we talk to seem to think it is crunch time. something may have been sooner or later of finally in this case really dragged on for while as the district attorney was in court litigating the tax return matter. they only got many of trump's millions of pages of tax record and personal and related to the trump organization. so things are heating up.

things are finally coming to a head. >> your reporting does seem to suggest that. great reporting. thanks for bringing it to us. >> lawrence tribe and our gloria borges. professor, i want to start with you. what do you make of this washington post? >> it is serious. indictments are about to come down. they may not be imminent. he pursued the matter all the way to the supreme court and got the tax returns. what this indicates that there is serious evidence of tax fraud

and insurance fraud and bank fraud. serious crimes under the laws of new york. he's also corroborating with letecia james, the attorney general of new york and looks like weisselberg who's in the cross hairs and know where all the bodies are buried is ready to turn on trump. i think we'll see some real fireworks coming out of new york state. >> professor, let me read of how "the washington post" puts it, the move indicates that district attorney vance is reaching to an advance stage of more than two years. he believed that he found evidence of crime. you mentioned the unusual nature of how many days the grand jury

is going to be convening. if prosecutors present criminal charges to the panel, what are the chances they get the indictment? >> 95%. maybe a little more. it is probably an overstatement. the grand jury has enormous power of subpoena and power to go beyond what the prosecutor asks, it is unlikely the grand jury would decide not to indict trump himself or weisselberg or trump's children who were running the company if that's what the manhattan d.a. decides to request.

his desperation was made clear by the extraordinary reach of his sudden claim that he has absolute immunity of this president is another subject that you may want to go into. >> oh, we definitely want to get to that. all of these investigations, all of these lawsuits if you will, there is so much to it. gloria, you have done a lot of reporting around these two years of investigations surrounding donald trump and those around him. as the professor says this does could all come down to weisselberg. aside from trump's kids, weisselberg is one of the people who's closest to donald trump. prosecutors have been putting pressure on him to cooperate for a long time. it highlights how crucial weisselberg is to the da's case. >> test the key to the king dom

here. it is clear that they want him to flip. they have been putting pressure on him. he's been loyal to donald trump. they work together for decades and had officers down the hall from each other. this is somebody who has seen all of donald trump's taxes or at least understands what's in them and who understands the real estate deals or the insurance deals, everything about how they pay people and how they hid and how they pay people in the company. he knows everything. when we know his former daughter-in-law told cnn among others, she thinks she's going to flip. we don't know whether he has or has not. we do know that he knows a lot and that he's under an awful lot of pressure and he's an older gentleman. we just don't know what cy vance

know or whether he's told them everything he has to tell them. that's a little bit of this that needs to get unravelled. he's key to any investigation of donald trump or the trump organization. michael cohen always used to say if you want to know what's going on with the trump organization, ask weisselberg. >> the former daughter law of allen weisselberg. she spoke to erin about the trump organization, she's now talking toprosecutors. >> there is not anything illegal going on in the past 21 years. >> well, allen weisselberg flipped on trump. >> yes? >> this is what she's saying publicly, i am thinking how

damaging can her cooperation be behind the scenes for trump. >> weisselberg in the fact testified against trump so it would be nothing new. i don't think weisselberg wants to go to jail to protect someone that's not gouing to be loyal t him. >> let me ask you, professor, of what we have mentioned earlier. we found out president trump's attorney claims immunity. what do you think of that defense? it would not do very well on a simple law school exam. the idea that a president is immune and not only for performing his duties which the supreme court held in the case of nixon v. fitzgerald but permanently holding onto office and telling congress that he'll not allow it to certify the

election for competitors is subsequently equate the president as dictator. there is no immunity. because he's -- his defense in the senate was the right place to hold him accountable is in a court of law. he can't have it both ways. these new defenses are signs of extreme desperation and i think that's where we find the president. he's extremely desperate, he's in a corner. >> fascinating. >> gloria, add all this together, is the president facing possible grand jury in new york? he's defending himself now over accountability for the attack in january 6th, i know i am also leaving some they tings out. this is a former president of

the united states and what he's facing today. >> it is. it is kind of extraordinary. don't forget this is donald trump. this is the environment he loves and thrives in. he'll raise money off of this and gather his political base together and he'll say look at me, i am the victim. republicans are not going to be so thrilled about this because they want to talk about 2022 and they still are relitigating the last election because of donald trump and now his legal troubles are going to be front and center reminding people all about donald trump. but, as for trump himself? he'll use this just the way he used everything else in his political career to raise money and get notoriety.

>> why did they wait five days to comment on marjorie taylor greene's comment? corey lewandowskilewandows g in new hampshire where an ele election audit is wrapping up. >> erin burnett "outfront" brought to you by ensure for strength and energy. 27 vitamins and minerals, and nutrients to support immune health. i'm so glad you're ok, sgt. houston. this is sam with usaa. do you see the tow truck?

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now you should hear again exactly what marjorie taylor greene says. >> we can look back in history where people were told to wear a gol g gold star and they were put in chains and sent to gas chambers. this is the type of abuse nancy pelosi is talking about. >> comparing 6 million jews in

nazis and to wearing a face mask during the pandemic. these three republican leaders, scalise and elise stefanik and mccarthy had nothing to say for five days. cnn and many others repeatedly asked for comments but what we got is silence when greene tripled down on her outrageous remarks. so that was a bridge too far for one person. a top fundraiser who helps raise more than a million dollars for trump campaign. he responded this way. i need you -- i think you need to pay a visit to the u.s.

holocaust museum. i would be happy to arreange so you won't make any disgusting comments. not long after that tweet, the flood gates open. mccarthy tweeting marjorie is wrong and comparing the holocaust to wearing masks is appalling. steve scalise released this statement, representative scalise does not agree with these comments and condemn these comparison to the holocaust. elise stefanik says this, equating mask wearing and vac

vaccines, -- will republican leaders do anything about greene rather than put out a statement. adam kinzinger says do not hold your breath. >> you don't belong in your conference. i am not sure if that's going to happen but if it is going to continue, it got to stop. it is mind-numbing. >> he's right, it is going to continue. greene was at it again putting this out, the attempt to shame americans who choose not to get vaccinated or wear a mask to the great tyrant of history who did not comply. he's not going to quit. this is the same person who said the wildfires in california were caused by space lasers. greene also said this last year. >> whether i see a statue that

may be something that i would fully disagree with like adolph hitler, maybe a statue of satan himself, i would not want to take it down but again i can teach my children who these people are and what they did and what they may be about. >> kinzinger is right about something else, nothing is likely to happen to greene. no talk of center or reprimand or removing her or no talk of cutting off funding, nothing. >> why? because of this. >> marjorie taylor greene right here from northwest georgia. oh boy, i don't want to mess with her. no, she's great. this one, i never ever want to have her as my enemy.

marjorie taylor greene. >> she's so unbelievable. joining us tonight is marjorie taylor greene, i love marjorie. >> dan, thank you for being here. no matter what the game or the political calculation is that's dictating the slow walk of mccarthy and other republican leaders, you think this actually could blow up in mccarthy's face in his quest to be speaker, why is that? >> >> i agree with mccarthy's comment, he calls it appalling. there needs to be consequences for this kind of discourse. this kind of messaging from greene is distracting from the republicans going after biden's

over reaching ando overspending. it is not helping mccarthy recruiting for next cycle that can win in toss-up district and what he needs to be focusing on now. so this is all a big distraction and why low walking and response, calling it appalling is certainly something and not enough and by not commenting on her ridiculous comments and what's going on in the middle east right now when the republicans should be standing with israel. i think he needs to be aggressive in going after her and there needs to be consequences of these kinds of crazy remarks. >> one of the few republicans

who are speaking out calling what it is is adam kinzinger, i want to play you more of what he said today. >> what we can do as a party and say is you don't belong in our conference. we should kick her out. if there is a kind of organic within the conference movement to oust liz cheney, we can have the same movement to oust somebody like her. >> if they need motivation or being pushed one direction, it is money that talks. we know that, we know money matters. there are a lot of people who are still silent tonight. >> i am not willing the draw a line. i will say this and i stand with jeff miller and what he said. the republican leadership needs to talk about comments like this and they need to try to bring

members of congress in line. cheney was not kicked out of the conference, she was kicked out of the conference leadership. mccarthy needs to show discipline and strength. that's what's going to get him to the speaker. >> is he even leading? there is a lot of questions that she's now the one leading. >> oh no. i don't think she's leading at all. she definitely figured out how to get the liberal media to pay attention to her. >> no, that's not it. you think people should ignore comments like this? >> absolutely not. i am saying she's claiming the game and able to garter media attention was going to be my point. what martccarthy is doing right he's taking too long to do it. the problem is there is going to be more behaviors like this and

comments like this and she's going to quadruple down on statements like this and they're not helpful for the republican party and kevin mccarthy. >> you did say that it gets the liberal media attention, i know that you also agree that conservative media should also be calling this out. this is not a left or right thing, that's what this is about. >> all media should be calling this statement out. and especially what's happening in the middle east between hamas the last couple of weeks. this is the wrong comments at the wrong time and should be disowned. what i do think is different is she's using this storm to raise her notoriety. >> people who could slow it down would be donors like you and leaders like kevin mccarthy. thank you for coming on.

i appreciate it, dan. "out front" next, live picture to remember george floyd. one year after he was killed at the hands of police. and questions of where and how the pandemic began. the biden administration shut down a trump investigation pr proves that coronavirus came from a lab in chiechina. why? more protection, more sun, more joy. neutrogena® beach defense® the suncare brand used most by dermatologists and their families, neutrogena® for people with skin.

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previously unknown investigation to prove the coronavirus originated at a lab in china with connections to theory. it began at the end of the trump administration is the reporting that cnn has now. launched by secretary of state, mike pompeo. they say a full investigation into the origins of the virus must happen. >> because we don't know 100%

what the origin is, it is imperative that we look and do an investigation. >> we need to get to the bottom of this, whatever the answer may be and that's critical priority for us. >> kylie atwood is "outfront" with me right now. what else do we know and why the biden team ended it? >> this is a very closely held project that emerged in the final months to look closely of the likelihood who are investigating this that covid-19 pandemic could have come from a chinese lab and could have had connections to china's biological weapon research and development program. i am told by the state departments spokesperson that the biden administration reviewed the findings of this group, it was a group that had the final approval of the secretary of state, mike pompeo

and they found those findings were not conclusive, there were not things they trusted. i am also told that there were concerns of the time it was spent on this, it was not an effective use of resources. there were a lot of drama surrounding this inquiry here. those who were proponent of this of the lab leak theory that this pandemic came from a lab needed to be investigated closely. no one in the u.s. government was looking at this possibility as closely as those involved in this war. there was opponents in this evidence who said it was a secretive effort and they were not sharing that information they were learning with folks at the state department, rather they were briefing randomly before their facts were all together. there were a lot of concerns about the effort itself. we should note however that this

comes as there has been renewed interests in this possible wuhan lab theory. there were folks who said earlier on it was unlikely and it should be looked at. >> this is a really interesting time as the u.s. and the rest of the world tries to figure out the origins of this virus. >> kate? >> kylie, thank you. "outfront" is dr. david ro roman, he's arguing more must be done to investigate the virus. dr. roman, thank you for being here. with so much that's unknown about still the origin of where this pandemic bebegan, do you think it is a mistake to shut down any investigation? >> we are urging a proper investigation and by proper we

mean fair and objective and a very deliberate. that does not mean any investigation would satisfy those criteria. >> you have raised questions about the virus' origins and you have been pushing for a deeper look. why do you think other scientists and experts are now taking a closer and more serious look at this hypothesis at one of the options which would be that the virus and the pandemic came from a leak from a lab? >> well, it has been a c conte contentious issue of course. i think others have been renosant because it is frankly just a possibility of data.

>> there is so much unknown. >> we don't have a lot of good data that are compelling either way. what i have found and many of my colleagues have found that far too many people are willing to weigh in with strong assertions based on little data and what we are asking now is that people think clearly about what we know and don't know and need to know and why it is important and then to begin process of collecting good data to support whatever the hypothesis may be. >> why is it important to get at the origins of this pandemic? >> it is a good question. i know a lot of people are wondering we have enough problem right now without worrying about how this began. to me and many others, we are thinking about the future and the next pandemic and how we can get ahead of it better. so the answer to your question is, the better we understand about the origins of this one, the better we are going to be

able to anticipate and prevent the next one. and the exact answer here on this one will determine where we place resources and how we approach the problem. >> the w.h.o. faced understandable criticism for praising china for transparency and kind of the first investigations which you have also said does not deserve much credibility. do you think the w.h.o. should lead the investigation that you are calling for? >> i think we have to be careful to make sure the right process and the right goals are in place before anyone begins a new, thorough investigation. the w.h.o. has fallen short. that's to say that they have not

shown the kind of transparency and the kind of oversight and the objectivity that any scientists would ask anyone who seeks to find the answer for a diff difficult problem. >> thank you dr. roman. we'll show you where the city is remembering george floyd, one dwyear after he died under the knee of the former officer. donald trump is pushing a baseless conspiracy theory about the election in new hampshire.

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reform bill baring floyd's name. "outfront" now, congresswoman sheila jackson lee who's been close with the floyd's family throughout this year. congresswoman, thank you for being here. i understand you're at the floyd's family home right now. let us first talk about this day. how do you reflect on this day? >> i am in their home in houston, texas, but also celebrating the life and legacy of george floyd. we took a moment of silence and say about the impossible dreams and we have the family here in

washington. a memory of that day, that 9 minutes and 29 seconds, i melt knelt at the spot where george was killed with my fellow members in congress and women who came along with the members of congress. they are in minneapolis. the reflection for me is we have made this journey and the family has made this journey and they never had a chance to mourn. we have not finished the journey. we are here on the 25th, 2021 and we have not finished paying tribute to george's legacy and we have not passed the policing act. >> the bipartisan negotiations do continue. they have been doing on for quite some time. one thing that's true about congress is the longer things drag on, the more momentum and the urgency can fade on any

issue. do you honestly think congress is going to pass a bill that the floyd family can be proud of? >> well, actually think that we have been inspired tragically by this year, the family being in washington, and the marches and the testimonies and tributes. the family again has been unselfi unselfish and sharing their words. the idea that president biden and vice president harris took the time to meet with them, that's a large statement to the nation. it is one to congress that says get going and get it done. i spoke to the family. they thought it was a good day. they were not hesitant in what their mission was and how firm they were going to be. they were firm. i think the legislatures who are in the midst, all of us are advocating and pushing and

talking to lauw enforcement as well. i think we'll have an understanding of qualifying immunity which seems to be over and over again. i don't want to use the te term -- i think we'll have an answer for that. i think we'll find police officers are going to be stepping forward with advocacy that'll help to move the party along and get us to pass the legislation that we'll all agree on. >> today the white house refused to put a new deadline. the president has faced criticism for not putting more pressure to get it done. is the president doing enough to get this to the finish line ? >> absolutely, put pressure on me and put pressure on those of

us in the judiciary committee and those of us who are negotiating this legislation. there has been others as well. i share the pride of the committee, we are all working and members of the house and in the senate. the pressure is the right pressure. president biden has every moment to fight, gave them a forum to speak loudly for america to hear and go to those who have this bill in their hands because of the republican conference and the individuals in the senate will look to these two senators. they need to understand that they are holding america's future in really having police community relationships in stemming the kind of violence in

the streets of bringing about heat when we build on the relationships, they have it in their hands. the president has done a great job. >> congresswoman, thank you very much. "outfront" for us next, how one of trump's most trusted adviser helps turn new hampshire into another spot for the biggest lie.

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tonight a new hampshire town of 14,000 people turning into the latest battle ground of the big lie. pushing base loss allegations of election fraud even though if trump had one, new hampshire, it wouldn't have changed t scary murray is out front. >> reporter: a 2020 race is wrapping up but the election conspiracies persist. >> they found a lot of votes up in new hampshire just now. you saw that?

because this is a rigged election. >> reporter: despite the read from expert auditors. >> there is no evidence this would be deliberate. this looks like human error. >> this is trump country. >> reporter: former president donald trump and his allies including corey lewandowski are clinging to the down ballot audit to cast out on election results across the country even though trump lost new hatmpshir by 60 thousand votes. >> this isn't just about the town, which we're looking up to live in this great community. we are seeing things take place. >> reporter: on monday trump claimed the voting discrepancies were orchestrated by democrats. unlike other post election audits, new hampshire's review stands from a tangible gap. christie started the saga after requesting a recount. it showed her tally dropping by

99 votes while republicans saw their rise by roughly 300. >> pretty much the whole room was shocked. >> reporter: the discrepancy led to an audit and fight who should lead it. >> i got to tell you, the people were riled up. >> reporter: hundreds piled into a town hall booing up to leaders and chanting resign. all of this after an audit expert was chosen to help lead the review. unlike meraricopa, the audit is live streamed open to observers and auditors regularly explain the process. >> we run 32 mock elections. >> reporter: they seem to agree on one issue skewing the count, improperly folded ballots making machines think a ballot bubble is flooded which was a blank bubble with a crease running through it. >> this doesn't change the outcome of the election, we're finding what happens.

>> reporter: tom murray and ken, local conservative activists still have questions. >> why are they not properly sealing the boxes, you know, with the tape and the answer was well, you know, they're going to be under camera anyway and the doors are locked. those cameras went out two nights in a row. >> reporter: auditors apologized but said the ballots were secure by pressing for a statewide audit. one trump ally says should include the top of the ticket. >> count every single vote and every vote matters. >> reporter: now, the reason they're not recounting the presidential race is because there is no sign of a discrepancy in the presidential totals. donald trump lost the state of new hampshire by more than seven points, even if he won the state, he would have lost the presidency but despite that, he remains fascinated what is going on in new hampshire and check income weekly, sometimes daily what is going on with the audit. back to you. >> for sure.

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a big milestone, half of the adult population in the u.s. is vaccinated against covid-19. this milestone is reached by 25 states as well as washington d.c. and incentives to get more people vaccinated are still being offered. colorado's governor announced today a $5 million sweepstakes for residents that have been vaccinated and vaccinated residents of delaware 12 and

older will be entered to win $5,000 in cash and additional prizes in twice week ly drawing conducted by the delaware lottery. progress, slow and steady but progress grelsevery day. i'm kate bolduan. "ac 360" starts now. >> good everyning. we begin with breaking news. prol prol prosecutor and trump probe gather to hear evidence and weigh potential charges, the grand jury is expected to decide whether to indict the former president. the post jonathan o'connell. explain exactly what you have learned about the existence and scope of the grand jury. >> well, the