>> thank you. to our viewers, thank you very much. i am wolf blitzer. you can follow me on instagram and on twitter. erin burnett "out front" starts now. prepare to testify at least one witness told to get ready to go under oath before a grand jury before the criminal investigation into president trump. this is as we learn as trump's inner circle believes that an indictment is inevitable. a mass shooting, eight people killed in california. the state's governor asks what many are thinking.

let's go out front. good evening everyone, i am in for erin burnett. the manhattan district attorney convenes a special grand jury to investigate former president trump. this grand jury could decide whether criminal charges will be filed against the former president. the news means the manhattan district attorney investigation which has been going on for two years now is now moving into a crucial new stage. the da has been investigating trump and his company and the company's executives on multiple fronts including tax returns, executive perks. the way the company accounted for reimbursements made to trump's former personal attorney, michael cohen. tonight some trump's advisers are telling jim acosta that they see the indictment for the former president is inevitable. trump is lashing out a statement saying this.

this is a witch hunt of the greatest history. >> the manhattan attorney notified at least one person that this person should be prepared to testify. today has been focusing on them accumating evidence and obtaining evidence through subpoenas. one month is when a regular grand jury sits. it will take them some time to lay out what they believe may be evidence of potential crime here. you know this as the washington post reported this grand jury will sit up to six months and up to three times a week.

the grand jury composed of 23 manhattan residents. if they do have evidence of crime, it will require the majority of them and 12 of them decide to indict. as you said this investigation has been going on for a long time. this is moving into new phase but it is not clear whether prosecutors will decide try to bring charges against donald trump or the trump organization or any employees. trump and his company and some of his top executive like the chief officer weisselberg denied doing anything wrong. as we see this shift takes place, it is important to remember the statute of limitations on a lot of crimes they are investigating, that clock is ticking. they are moving against the clock. it is one of the reasons we are seeing a metrove into this. six months is how long cy vance will be in office.

kate. >> carol, great reporting. thank you very much. jim acosta is "outfront" with me right now and elie honig. jim, you have been talking to your sources. what else are they telling you about the indictment? >> there are some advisers who talk to trump on a regular basis who sees this as inevitable because there are democrats running these investigations. that's how they are framing it at this point. they're seeing it as a political witch hunt. i think trump is in trouble. he's terrified of these investigations. that he feels targeted. trim trump is still talking about

people running for election in 2024. >> kate, they do because any time a criminal grand jury is convened, specifically for the purpose of investigating a particular business and the people associated with it, that's a deadly serious thing. that tells me that prosecutors are intending to take this case to the finish line and it leads to present the evidence to a grand jury and ask the grand jury to decide whether there is enough evidence to indict. this is important to understand. the legal standard if you look at the law books, it is probable cause. that's very low. that basically means 50.1% probability. no decent respectable prosecutor would indict a case based on 50.1% of the evidence. if you do, you are setting up for failure particularly in a

mega case like this. you better take it to the jury beyond a reasonable doubt. >> elie, president trump is calling this a witch hunt as he always does. as he says that, could he use that as a defense? >> yes, kate, part of this is the normal witch hunt, however, there is a legal defense calls selective prosecution, it rarely succeeds but the gist of the defense, i was singled out for prosecution. will it succeed in i am doubtful it will. there may be a little more than witch hunt nonsense. he may be trying to lay information for an actual legal defense here. >> jim, a federal judge is issuing a warning that trump

election lies could inspire more violence. >> the steady drum beat has not faded an arm. six months daily of the canard that the election was stolen is still being continued. >> how real is this threat? >> i think it is really real. the last two centuries, we have had a peaceful transfer of power in this country, kate. that's just not the case anymore. donald trump planned the seed and left a potential behind for potential of violence every four years when americans go vote to president. what do you see right now happening in state houses across the country attempts to change

votiing laws and sham recount ot in arizona. the president has been said where every four years if voters don't like the results of the election, they can try to overturn them through the electoral counting process every four years or as you saw on january 6th, you may see supporters of one particular candidate or another go up to the capitol and try to do things through violence. that is the legacy that donald trump is left behind and if you talk to his own people, they'll say, some of his own people, there are people that'll defend him to the end but there are some people who used to count themselves as strong supporters as donald trump who'll say this president left behind a legacy of potential violence and elections to come. there is no other way to look at it. >> elie, from a lawyer's pos perspective, were you surprised by a statement coming from a serious judge? >> no, i think the statement

makes perfect sense and jim hit on the key concept here which is potential violence. these are bail decisions. what the judge is doing is does this person pose risks to the community. the judge's logic is laid out and the opinion is well, what's driv driving this? what drove these people to storm the capitol in the first laplac? >> the big lie. if donald trump came out and said, look, i lost. that would be gone. many are amplifying the big lie. the judge is perfectly reasonable to say not only it is still out there but it is growing in some sense. >> elie, back to the reporting, at least one witness have been told to testify before the grand jury. what kind of witnesses are typically called before a grand jury? >> some of them are what we call

custodial witnesses. nothing super controversial. the interesting ones are the people who work in and around the trump organization. i would not expect to see subpoenas serve on donald trump jr. or ivanka trump because you don't subpoena someone who's a target of the investigation and if you did they would take the fifth. the question for me is who were the peripheral players in and around the trump organization who may not have criminal exposure themselves but may be able to come in and shed some lights on these piles and piles of documents that the prosecutors have. that's where i would target my subpoenas. >> jim, despite all of this, donald trump is not losing supporters among republicans in washington. listen to this. >> tell me who is your president? >> that's my president, too. >> this is donald trump's party and i am a donald trump

republican. >> can we move forward without president trump? >> let me tell you this right now, donald j. trump is not going anywhere. >> is there anything we could see anything happening in the legal realm? >> i don't think so. you could make the argument that the entire republican party has gone out on the limb and donald trump and the manhattan d.a. can saw off that tree branch and let the entire party go down with donald trump. that may be the case. given what elie was talking about the big lie, given what we know about the potential for donald trump to be prosecuted and multiple investigations, not gu not just in new york but in georgia as well. two-thirds of republicans would like to see trump run for president again.

so yes, you very well can see a situation where he tries to run again in 2024 and loses the popular vote in a wide margin. i think that montage you were showing a few moments ago show you all too well that republican party you and i cover for years is essentially dead. this is the trump's party now. until something serious happens to donald trump from a legal perspective. i don't even see that changes. >> thank you both. eight people killed in a mass shooting at a san jose rail yard and tonight california's governor is asking the question on everyone's mind. >> what the hell is going on in united states america? what the hell is wrong with us? plus, president biden ordering the intelligence community to investigate the origins of covid-19 and to get

back to him in 90 days. is that enough time to determine whether it came from a lab? arizona republicans trying to strip a democratic of her power. secretary of state katy hobb is "outfront." n asthma attack... that doesn't happen. this is the sound of better breathing. fasenra is a different kind of asthma medication. 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. fasenra may cause allergic reactions. get help right away if you have swelling of your face,

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going on? that's the question from governor gavin newsom in california. eight lives lost after a gunman opens fire. the gunman is an employee at that rail yard. according to officials at the same time the shooting were unfolding, officials were called to a fire at the gunman's home. investigators are trying to determine if the gunman who took his own life was trying to do much worse than the devastation he already pulled off. as we speak, teams are going room to room in that facility now searching for explosives. the eight people who lost their lives joined by 7500 people who have died from gun violence across the country, just this year. >> that's a 23% up-tick in death from last year.

this attack as to the very clear mass shooting in the united states. california governor today says enough is enough. >> it begs the question of what the hell is going on in the united states of america. what the hell is wrong with us? >> president biden ordering flags to be lowered half staff. saying the following, "enough, once again i urge congress to take immediate action and heed the call of the american people including the vast majority of gun owners to help end this epidemic of gun. we can and we must do more." >> josh campbell is "outfront" in san jose, california, with the latest. >> reporter: an early morning massacre. >> we have eight victims from today's incident from gunshot wounds. we have one suspect who's deceased as well.

>> reporter: shots rang out around 6:30 a.m. at this san jose maintenance yard where community rail vehicles were being dispatched. the lone suspect identified as sang cassidy. >> it is clear that the vicks and all the colleagues there knew the shooter well. >> reporter: cassidy continued to shoot everyone as police arrive. >> i knew when the suspect knew that law enforcement was there, he took his own life. our deputies were right there at that time. the sheriff's office says more deadly plans were laid out in advance. >> we received information that there are explosive devices that are located inside the building. >> multiple law enforcement agencies including the bomb squad are on the scene, beginning what is likely to be a lengthy and extensive

investigation. >> we are so sorry this event happened. we are there for you. people in the organization know everyone. this is a terrible tragedy. >> reporter: a neighbor took this video of the suspect's home bellowing with smoke and a suspicious blaze. firefighters responded to the scene at 6:36 a.m., two-minutes after the first call from the shooting at the rail yard came in. investigators are now on-site at both locations searching for answers. while california's governor has more questions of his own. >> what the he hell's going on the united states of america? what the hell is gonging on wit us. >> reporter: six of the eight

victims killed, their bodies are still behind me here and still being processed by coroners. we understand special agents and the fbi are at the shooter's house right now processing that scene and trying to get any evidence they can to try to get to the motive of the latest mass shooting in the united states. >> josh, thank you very much. >> a council member in san jose, thank you for being here. the last time we heard from you was during a press conference, you had mentioned that you were waiting to hear from your childhood friend. someone who works at this very rail yard. the mayor tonight said very sadly that your friend was killed today. have you heard anything? >> we don't have final confirmation on that.

we are waiting for that. i have been in contact with the family. what we do know is that it looks like of all the shooting vi victims, there is only one that's in critical condition in the hospital, they're not telling any of the families of the victims or the identities of those who are deceased. it does not look good. i know obviously all the families there are trying to remain hopeful but it is a very challenging time as we are sort of waiting for that unfortunate news. >> everyone is still waiting. what have you heard. i can't imagine what waiting like this is like. i truly, i can't -- this is very personal for you. what does this wait feel like? >> it is frustrating.

i have been in contact with his family that are there. i can tell you they are frus frustrated as well. you can imagine right now it is wanting to know and actually have that information, clearly everyone wants to hold on hope. every minute that goes by it becomes more challenging to do so. for me it has been agonizing all around and being a representative of this area and being a board member and personally having a long time fa family friend has been tough. >> i am so sorry, i am really am. we are talking about eight more families that are shattered and ta don't know it yet because they have not been told. this is the 16 mass shootings since friday in america: you just heard what the governor had said earlier today and he was

exacerbated and said "what the hell is going on in america, what the hell is wrong with us?" >> congressman, what the he wow hell is wrong with us? >> i wish we can stop this. if it was so simple, we would have done it already. these debates are hotly contested on what the issues are when you are talking about gun control or this incident that could not have been prevented. the reality here in this case, we are going to dissect that and trying to get down to what happened here. we don't know that just yet. we do know that for numerous other mass shootings and active shooters that's happening across our country at schools and movie theaters and malls. this is something that should not be happening in our country. that's what the governor was expressing his frustration that

i share as well. >> you grew up a long life resident of san jose. san jose is now joining the long list of cities in america where a mass shooting just taken place. i will continue to hold out hopes with some good news but i am very sorry. >> thank you very much for joining us. >> thank you. "outfront" with me now, the fbi criminal investigative, chris, thank you for joining me. it is hard to imagine as all of those families are still waiting to hear something and the wait must be, he said agonizing and i can't think of another word. they keep talking about how big this crime scene is and how big the investigation will be. josh campbell says most of the victims are still at the facility. the fbi says it could take days to get through it all. can you give us some perspective

on that? >> so tragic. >> here we are again. this is a complex crime scene to be sure across two buildings, eight fatalities and nine including the shooter. they have to reconstruct what happens inside the building. it is important to do that. that's not the most important part of the case now. the most important part is digging into his social network and getting information to why he did this. >> this was some situation where he was committed. he was not going home because he set his own house on fire. he was angry at somebody or

something at work. this is not your normal mass shooting case. i hate to call it "normal." >> that's reality. it is becoming normal. >> sources told cnn that the gunman's house went up in flames right around the time the shooting happened. the house is no longer in inhab inhabitable. >> usually evidence are things in the house. notes or different types of mobile devices, laptops, things that record his thoughts and commu communications with other people. usually when somebody goes off like this, they're talking somebody about it or people

noticing the bizarre behavior where there is usually some clues in the house. unfortunately, it sounds to me the entire house was gutted. that's an avenue whether they'll have to go to cell phone carrier or e-mail carrier trying to retrieve all of this information from the cloud. that takes time. >> thank you very much. "outfront" next, president biden ordered the intelligence community to further investigate the origins of covid-19. how much can u.s. learn if china does not cooperate? the family of ronald greene who said they were led to believer greene was killed in a car accident instead of the hands of police. they are marching to the loui louisiana's residence to demand justice. ronald greene eas's sister is m guest.

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wuhan sought hospital care a month before the first confirmed case of covid-19 which has helped fuel the debate how the pandemic started. could the virus have been a result of a lab leak? josh rogan is "outfront" with us. is 90 days enough? >> it is such an interesting move from the biden administration, they decided to admit what a lot of people have thought it was obvious which the w.h.o. is not capable likely to solve the mystery of the pandemic because they spent a year to do it. one of the interesting things is

they are expanding the investigation. a lot of u.s. agencies. that means there are a lot more information they could. that'll only come through diplomacy and pressure. they're going to go to the chinese and press for more answers. both of those will be difficult. there is a long road ahead. >> let me read apart of the statement from president biden and he said, "the failure to get an inspector on the ground in those early months will hamper any investigations into the origins of covid-19." >> how much or maybe the intelligence community has a long reach. how much can the u.s. really learn without going to china? >> that's what you see there is the biden administration preparing us if they fail, right?

we may not able be able to find this or the chinese may have buried it considering they jailed all the whistle blowers and censored all the science. what we'll end up with is a big pile of circumstantial evidence. we don't see a lot of circumstantial evidence piling up on the other side. we have not found any tangling or whatever. it seems like the more we dig, the more circumstantial evidence will be on the leveling side. tell us something about how we should respond to try to prevent the next pandemic. >> we don't know as well. accidental lab verses intentional. this is all apart of the debate. you uncover officials about

this. let me read what you wrote. you wrote the first cable which i have obtained also warrants that the lab work on coronavirus on humans. you also wrote that the cables noted serious shortages of trained technicians to operate a lab like the one in wuhan. >> how can these cables help inform these investigations now? >> what it tells us three years later is there there is a lot we never knew about these chinese labs doing all these risky research that we still don't know. that was a problem and a problem that can't be solved. we are going to need more oversight of these labs. we'll need oversight of the collaborations, that means turning over some rocks in our own system to figure out what's going on the best we can and set a policy to minimize the risk. 580,000 americans died and if we

don't want to do this every year or happen again. we'll figure out what the risks are. we know these labs present the risks we were ignoring so we can't ignore it anymore. josh, thank you so much for your reporting cht. > the family of ronald greene were told greene died of an accident. they are marching to the gu governor's mansion to demand answers. greene greene's sister is my guest. secretary of state katie hobbs joins us next. clients kno? (naj) because as a fiduciary, it's our responsibility to always put clients first. (other money manager) so you do it because you have to? (naj) no, we do it because it's the right thing to do. we help clients enjoy a comfortable retirement. (other money manager) sounds like a big responsibility. (naj) one that we don't take lightly. it's why our fees are structured so we do better when our clients do better.

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cnn is learning one of the louisiana troopers involved if the fatal arrest of ronald greene will be fired. he's going to be fired for his involvement on another use of force of arrest. you will see ronald greene punched and tased as he's faced down on the ground and you will hear this. >> you stupid mot mother -- [ bleep ]. >> the family says they were

originally told greene died after crashing his car. all of this is coming to light right now, more than two years later only because the body cam was obtained by the press. ron hailey, one of the attorneys representing the family. again, i am so sorry that you have to hear that video and hear that again. i am so sorry. your reaction -- i am sorry. can you give me your reaction of hearing one of the officers will be fired and having nothing to do with your brother. >> it is very overwhelming. my emotions are mixed. something needs to happen right

now, not tomorrow or next week. >> yeah. >> we need action taken immediately. >> tonight your family started a go-fund me page because you have been two years on your own fighting and pushing for answers. that push continues now. you will be marching to the governor's mansion. i saw the governor said yesterday that the actions of the officers involved is they do not represent what we aspire to in the state of louisiana. what is your message to the governor? we need to sit down and talk about it. >> my emotions are mixed. he needs to take action like

right now. >> talk through the mixed of emotions right now. what are the emotions you are feeling? >> governor edwards, i am asking if you and your team can come together and do what's right for mr. greene. my brother did not deserve this. i have not seen all the footage but you need to do what's right. there is no way that -- that you can fire this guy with still no accountability taken. we need some action. >> take a moment, dinelle.

>> ron. last time i spoke with dinelle, i spoke with mona as well. they were very clear that they want action. dinelle is saying this right now, you want these officers not fired but arrested and charged. are you confident when the investigation wraps up on the state and federal level that's what you will get. >> i am confident what was shown in that video and what had been explained and ex pposed to the world is murder. i am confident of that. i am confident a case for murder can be made. i am confident that a case for civil rights violation for all of these officers can be made. i have many conferidence whethe or not it is going to happen. george floyd is the exception in the world. what has happened to ronnie up

until the leak and the associated press that is been the rule in the state of louisiana and a lot o f f place around the country. i am hopeful that we'll get justice and this will not be in vain and this will have some teeth to it. the world saw a man get killed and we have had no accountability. >> dinelle, you talked to me about mixed emotions. what these emotions as you are feeling and as you are preparing to march tomorrow, you are going to baton rouge and you are taking actions and demanding accountability and answers, do you trust the process? >> i don't trust the state of

louisiana's process, i really don't. i know my higher being, everything that they tried to do to cover my brother's case has come to light. seriously. i am sorry, i am all over the place with my thoughts and feelings. >> please, you are not the one to apologize. thank you. >> it is a lot, i am sorry. >> it is a lot everyday. it is something that people need to appreciate you have been going through for two years. it is not just this week or last week as we all learned about it. you have been going through this for two years and fighting for

this. almost alone. >> yes. >> dinelle, thank you for being here. >> ron sh thank you very much. >> thank you. "out front" for us next, arizona republicans take on the state's second tretary of state. they want to strip her power. secretary of state katie hobbs is out front. the mother of brian sicknick has a message for republican senators on the eve of the january 6th commission.

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tonight arizona republicans introducing a bill to strip a democrat of her powers. this bill would transfer the power to the state's attorney republican general after hobbs stood up to the state's sham election audit that's being pushed by the very republicans who are trying to strip her of her authorities. "out "outfront" now katy hobbs. secretary, this bill is intended

to only stay in effect through the end of your term and expires once you're gone. do you see this as anything other than retaliation? >> absolutely not. that is 100% what this is. retaliation for me doing the job that the arizona voters elected me to do and it is blatantly unconstitutional. >> if it becomes law, what does it mean for your ability to do your actual job? >> quite frankly, it will make it very difficult to do my job as the chief election officer of the state when somebody files a suit over an election issue, i'm the named defendant and this would not allow me to be the defendant. it would give the attorney general to respond to these lawsuits however he saw fit. which in the last several months has not been on the side of arizona voters, which is partly why this is happening right now. >> if it becomes law, can you

challenge it? >> oh, we certainly intend to challenge it if it becomes law. it is pblatantly uncon unconstitutional. they are trying to strip me of duties and they cannot do that. >> about the broader issue of the election audit you've been speaking out about. my colleague kyung law has been covering the audit and spoke with the state president karen fann leading the push for the audit and i want to play for you some of that conversation. >> do you believe this is helping democracy? >> absolutely. >> reporter: you feel this is the process that will be the gold standard? >> this will be the basis of a gold standard. this is election integrity. this is answering our constituents questions. that's all this is. >> she's defending this to the bitter end saying it will be the gold standard for future audits. what do you say to that? >> that is -- i want to say i

think she has dug herself in so deep she has no choice but to defend what she's doing. nobody thinks this is anywhere near a gold standard. it can't be called an audit. they are not following any best practices. there is a long list of problems what is going on here. there is just -- there is no way this can set a standard for what we should be doing following elections in our country. >> there is a growing number of republicans who are coming out to speak out against it because of exactly what you're saying, what they're seeing in terms of this actual audit. so you have said, i've seen you said recently you are seriously considering a run for governor next year. when will you decide or announce your decision? >> well, i'm focused right now on the job that arizona voters

elected me to do and no matter what job i run for, that's going to be my focus, not this noise. not the threats. not the armed protesters at my house but doing the job that the arizona voters elected me to do and getting the job done for arizona. >> is -- >> a decision is coming soon and folks can learn more at katy hobbs.org. >> is this experience with this audit what has pushed you towards running for governor? >> it's certainly part of the decision that i'm making. >> secretary hobbs, thank you very much. >> thank you. "outfront" next, the mother of the late officer brian sicknick who died after the insurrection has a brutal message for republicans that don't support the january 6th commission. es your car insurance so you only pay for what you need? i mean it... uh-oh, sorry... oh... what? i'm an emu! no, buddy!

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the mother of brian sicknick ple pleading to meet with senators. in a strongly worded letter gladis sicknick said he fought for hours and hours for those animals trying to take cover t capitol. congressmen and senators were locking themselves inside their offices. not having a january 6th commission to look into what occurred is slap in the faces to all the officers that did their jobs that day. officer sicknick passed away

after responding to the riot. he suffered strokes and died of natural causes. mitt romney, susan collins, masaid they will vote to advance the bill. ten republicans are needed to move the bill forward. don't hold your breath. "ac 360" starts now. good evening. we begin tonight with the shooting at a public transit rail yard in california that ended with eight lives lost plus that of the gunman. for the family of the victims tonight is just the beginning of what will be almost unimaginable pain and sadness and that pain will be uniquely theirs. for the country, what happened today was the 232nd pmass shooting of the year according to the gun violence archive. the 17th since last wednesday. california's governor spoke to the reality a shor