five of six counts against the actor jussie smollett guilty and could face up to three years in prison right now. we'll continue to watch the aftermath, the reaction to this trial. until then, thanks very much for watching. i'm wolf blitzer in "the situation room". donald trump losing a big legal fight to keep january 6th documents secret. could the supreme court ride to his rescue. breaking news this hour. actor jussie smollett found guilty of making false reports to police for claiming he was the victim of late crime. i'll tell you about possible jail time. tnchs all hands on deck. that's what the governor is saying about covid surge in his state. just how bad is it? let's go out front.

the former president failing in his claim. the court saying trump has given no legal reason to ignore president joe biden's conclusion that congress should have access to trump's white house records. that means this case is now likely headed to the supreme court. also this hour, the january 6th committee just scheduling a vote to hold trump's former chief of staffer mark meadows if criminal contempt. they have scheduled that for monday. he will be the third trump ally that the committee will vote to hold in contempt. mark meadows was initially cooperating, turning over a troef of thousands of e-mail and text messages. today we learned those messages detailed trump's actions during the riot in realtime. now meadows going silent. now he says he won't even talk

about the e-mails and texts that he already gave the committee. the thing is though, these victories may be -- after all the supreme court appeal doesn't resolve in a couple of days and steve bannon's contempt case won't see a courtroom until next july. the committee did have the victor victories. trump lawyer john eastman, you may remember, he tried to get pence to plok the certification. it's unclear what level of cooperation, it's important to note they each spent several hours behind closed doors. also ali alexander.

they were both there for several hours behind closed doors with committee members. ryan, the committee, you know, as i said, the victories may be picturic but they are important such that they are. the committee is a step closer to getting these documents that trump has been fiegfighting too and nail to keep secret. he's run out the appeals process. >> there's no doubt about that. the trump legal team already responding to this decision by an appellate court saying they always assume this case would end up in the supreme court. this is another blow for trump's argument about the protection of executive privilege. the apellate court ruling there was no legal reason to allow the court to overrule the privilege decision that was made by the current occupant of the white house, joe biden. that's important because while it will impact this trove of documents, it could impact legal

decisions that are still to come. documents or decisions that have to do with some of the privilege statements and positions that many of these witnesses have taken. this is someone who is a trump loyalist who was at the department of defense on january 6th. he was in that room for a long time. we're not sure how the process went. he did say through a spokesperson that it was contentious at certain times. he said he answered every single question. this someone that had interactions with members of congress leading up to january 6th which is a big interest to the committee as they try to parse through exactly who knew

what and when. he was semrved with a civil lawsuit. he was hapded that as he went into his car. we don't know what the lawsuit is. he was named in a lawsuit filed by a number of capital police officers. there's a lot of legal problems for people connected to january 6th. the d.c. circuit court of appeals rejecting his claim. they are giving him two weeks to appeal to the supreme court which he's going to do. how much longer can he drag this out? >> well, i think if the supreme court does take it, it's not 100% certain they will. they would probably take it on an expedited track .

>> trump failed to offer a reasonable argument to back up privilege and he offers only a grab bag of objections that assert without elaboration his superior assessment of executive branch interests. superior as opposed to the current occupant of the white house who controls the executive branch. does this impact other assertions of privilege is the crucial question. you've got mark meadows claiming it. steve bannon. their cases may be different but all of them will rest upon executive privilege. >> it does. i think that's a great point. a great question and great point you're raising. if you read this opinion, it

seems like it's written specifically by these judges knowing that there are other courts with some of these questions that are pending. there's this new lawsuit from mark meadows but other ways that people around the trump circle who are trying to fight off this committee and what this committee is trying to do. what the judges seem to be calling the former president and his legal team out on is this trumpian tactic which is to insult, to really just assert things without having to prove it. they say as you just read, one of the things he was doing is impugning the president, the current president and the house without really making any arguments and he had plenty of arguments to make high . he just chose not to make them. >> is there a pres dent they are trying to provide that could in the case of mark meadows whose testimony will be crucial and was working for the former

president as the chief of staff when trump was in office and did have in that sense some claim to executive privilege? >> absolutely. they are setting out like a road map for other courts to look at including the supreme court. they are saying to donald trump, it's not that you didn't get chance to be heard on executive privilege, you just had nothing of value to say to us. it's either ironic because trump likes to fashion himself as almost a forth branch of government and the court quite clearly points out that here, the executive branch and the legislative branch are against his position and the third branch, judiciary has weighed in against him too. >> he's got his own sort of adjunct ambassadors out there. one could laugh or be concerned. there's something i want to ask

you. the committee is i vnvestigatina singular event in which there's a predicate for inferring that former president trump and his advisers played a materially relevant role. evan, i highlight that sentence because that sentence is not about executive privilege. that seems to take it a step further. they are saying there's sufficient predicate to infer that president trump played a role in january 6th. that's a different matter. >> it really is. you know, that line seems to be in response to this is another self-created problem for the former president because he, part of his legal argument here was that really this committee is out to get me. they're trying to put me on trial. these judges are saying, well, i mean, you're just saying that without really providing any example. since you've raised that, this committee is actually looking to see whether there is something to be done about what happened

on january 6th. as you pointed out, they raise this idea that the president and his advisers have something to answer to clearly from the public information that's already been out there and from whatever information this committee is trying to get from these documents that trump is trying to hide at this point. >> let me ask you about mark meadows who they will hold formal vote of contempt. that goes through courts just like steve bannon is. i believe it's july 18th he will get a day in court. the committee may never get to hear from control switches to republicans. what does that time line mean for mark meadows? is there any way he gets a day in court before july 18th? >> i don't think so. i don't think it will take the department as long because they have been through the legal analysis. he has a slightly better claim since he worked in government then but i doubt it will get there any faster than bannon will.

>> wow. i should note he's claiming executive privilege in part about documents he's already provided. that doesn't make any sense. thank you both very much. i appreciate your time as always. >> good to see you. next, the trump backed candidate in georgia pushing the big lie and questioning the 2020 election results in his state. the georgia secretary of state is out front next. actor jussie smollett found guilty after claiming the attack on his was a hate crime. a u.s. senator is saying people should gargle with mouthwash to kill the virus. ray loves vacations. but his diabetes never seemed to take one. everything felt like a 'no'. everything. but then ray went from no to know. with freestyle libre 2,

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democracy needs champions. >> as biden said that, trump ally john eastman pleading the fifth. the false claims of rigged

election in the world's most powerful democracy is ringing loudly. in america's two party democracy, 73% of republicans still believe biden won through fraud. let me just say it this way. three quarters of the people in one of two parties in our system actually believe the election was stolen from donald trump. that's pretty stunning. talking about the registered republicans and there's another way to look at that other than that is a democracy that has some real problems. even though the fears of those republicans are based on falsehoods, there are people like john eastman on capitol hill today on the battlefield still spreading the great election lie. do you remember this man? see him there. there's david perdue. he's now running for governor of georgia with trump's endorsement. his entire platform is the great lie. even though a lot of people are pretty sure that trump's reresponsible for the loss of the senate earlier this year. he's saying if he had opinion

governor in 2020, he would not have signed the certification and he takes it even further. let me read the quote. he says not with the information that was available at the time and not with the information that has come out now. they had plenty of time to i v investigate this. i wouldn't have signed it and that's all we're asking for. that's a pretty stunning thing to say. they have investigating everything left, right and center. one of the counts was fully by hand. they looked into these bogus things and it just didn't happen. joe biden won once. he won twice and he won the third time. it was nothing to see. elections officials did look long and hard at every allegation. something that he's already done to a chilling effect, just ask my guest coming up, georgia's secretary of state.

he was honest and followed the law. perdue tried to take him on. >> senator perdue still owes my wife an apology for the death threats she got after he asked for my resignation. >> here he is. georgia's republican secretary of state. also the author of integrity counts. secretary, perdue is still saying the election results in georgia shouldn't have been certified. he's referencing as if more information as come out. that he still wouldn't have signed it. not with the information that has come out now. what do you say to him? >> broken the law and violated his oath to the constitution. sounds like he believes in the rule of man versus the rule of law. we follow the law, we follow the constitution. i wrote a ten-page letter to congress on january 6th. to this date not a single

congressperson, not a single person has written me and said anywhere that i was factually incorrect. there weren't 10,000 dead people. it was two back in june. now two more. it's up to four. 4,000 felonies. it's less than 74. what his lifestyle consistent of for the last six years was going up and spending a lot of time there. living in his gated community. he never got out and met georgians. he was inaccessible. he wouldn't take meetings with constituents. he was stranger to them. that's why he lost the election. he ran a very poor campaign. >> yet, he's saying this. this core of his platform is he wouldn't have certified the election because there was frauds. now he has the endorsement of former president trump in his pocket as part of this. does all of this worry you? >> we counted the ballot three times and there's all that

misinformation about state -- we had the fbi debunk all those claims. i put that in my book, "integrity counts." point by count of every single allegation. we looked at over thousands ballots and gave that to a judge. >> i played that sound where you called perdue to account saying your wife received death threats because of his words an actions. you said he owes your wife an apology. that's almost a year ago. has he ever reached out and said he's sorry? >> he never called me before when he asked for my resignation. he hasn't called us since then. he's living his life down in saint simons and i'm meeting geo georgians every day.

28,000 georgians did not vote for anyone for president and yet they voted down ballot. in the republican congressional area, republican congressmen got 33,000 more votes than president trump. that explains what happened in georgia. >> i want to ask you because the january 6th committee is looking at what happened on that day and who knew what when and how such an assault happened. i know you spoke to the committee for about four hour last week. you answered questions. what do you make of trump ally who is have stone walled the committee. they are making a mockery of it. what do you say to them? >> i believe in the rule of law. congress asked me to testify and so i did. >> can you tell us anything about your conversation with the committee? was it cordial? did you feel you could answer the questions in full and were

they fair questions? >> i answered every question in full. i thought they were fair. it was from the republican attorney that represented the committee. i guess he's the assistant. the democrats are both professional. ef every one is professional. my conversation with the president is out there. people can listen to it and come to their own judgment. i wrote a book and it's all right there. it's open and transparent process. congress has my letters since january 6th. >> people can hear your call and also in your book you want a transcript of the entire call. i would recommend people read it. i've listened to so many parts of it but reading it was worth it in full. one final question for you. during your conversation with the committee last week, did you feel that they are making real progress? i ask you this because sometimes they say we have talked to 200 people. they're not able the talk to

mike pence or mark meadows. we hear a lot about the ones they are not talking to. did you get the feeling that they are making progress at getting real answers? >> yes. a few time they mentioned they had conversations with other people. i said, okay. they have done their homework. they are out there talking to a lot of folks. they called me to testify and so i did. >> i appreciate your time. thanks. next, the breaking news. actor jussie smollett found guilty for making false reports to police claiming he was the victim of hate crime. the state with the highest vaccination rates in united states now seeing its highest level of covid case and hospitalizations during the entire pandemic. how can that be? new hampshire's governor joins me next.

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chicago apartment, calling him racist slurs, putting a noose around his neck and yelling this is maga country. prosecutors argued this was orchestrated to gain publicity and they won. omar, you were inside the courtroom. how did jussie smollett react? >> reporter: erin, it took jurors over nine hours and we watched him as he sat there ridge ids as a statue. did not move in any way from the point that verdict began being read by the jury foreperson to the point not only after it was read but after the judge then made a speech thanking the jurors for their time. he sat there with his fingers. his family didn't make a single noise. the courtroom was incredibly silent as the verdict was being read. the foreperson, a woman, a member of the jurors, her voice began to shake as she got toward

the end of the jurors. almost like you could feel the pressure in the room itself. i'm looking this way because jussie smollett's defense attorney is stepping up to the mi microphone that we have set up here. it appears they are getting ready to make a statement. he is the defense attorney for jussie smollett. he argued all along that the brothers who allegedly jussie paid to stage a hate crime, he was just convicted of that. he argued the brothers were the ones lying and we should believe jussie smollett in this. the special prosecutor has now said he lied under ooath. he's not going to do anything about it but but it's something they will bring up at sentencing and it will come at later date and factor into whether he gets

something more than the one to three years that the judge outlined for. >> omar, thank you very much. please, listen to that. we'll bring omar back in as he listens to that press conference. while he's listening to that, i want to bring stephanie blake to you. she's the former defense to attorney and form er mayor of baltimore. he took the stand in this trial. everybody seems to be taking stand in these trials. he denied he orchestrated the attack and the jury found that was a lie. that he was guilty and that is what he did. were you surprised by the verdict at all? >> i wasn't surprised at all by the verdict. i was one of the people when i first heard about the case something just didn't seem right to me. it's so sad.

there's clearly something going on with this man that he would continue to tell that story and the jury just didn't buy it. it's unfortunate because it was so much wasted resources, police hours and money in a city that really needs the police to be on their job. i hope as he moves forward at some point he talks about an apology. >> obviously none coming at point. they haven't brought that up yet but they say that will when it comes to sentencing. let me ask you about that because the judge indicated, as you heard omar say, sort of range of one to three years. where do you think the sentencing will fall on that

spectrum? will he do jail time? >> i don't think that he should or will. he wasted resources. he needs to be about the business of repaying the city. i don't know what benefit could come from him being incarcerated. he needs the support that is clear that he should have so he can recognize reality. he testified for a long time. i think he was on the stand for over an hour. i do not believe the jury found what he was saying was credible. the facts just didn't match up. i think he needs to reconcile that and spend some time getting help. i don't think being incarcerated and having the state of illinois pay more money would be a benefit to anyone. >> it's matter of apologizing and paying them back more than

anything else. thank you very much. next, new hampshire's vaccination rates are among the very highest in the united states. why is covid surging there? i'll ask the governor. republicans launching a secret investigation into the 2020 presidential election in wisconsin even though there's been no evidence of widespread fraud and multiple i investigations. what are they trying to hide? >> hello. hello.

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tonight, three states asking for help from the national guard as covid surges. the dpgovernor of maine warning there's only about 40 icu beds available in the entire state fp new york deploying more than 100 medic and hospitals in new hampshire are surpassing the record number of covid patients. it wasn't a vaccine.

the governor, i'm glad to have you back. yet right now you seeing more covid cases than any other time. hospitalizations are more than doubles in the past month. that's pretty scary. what is going on? >> it's a great question. we knew this was coming. we know this virus is transmitted in a seasonal aspect. our immune systems get weaker as winter comes on. we're talking about preparing for a winter surge and we were. you're seeing michigan, wisconsin, the upper midwest. we're the colder states on the

fore front of winter and over time you'll see the rates increase as you hit the mid-atlantic states and some of the states out west. we tried to prepare as best we can of adapting our surge. >> absolutely. i still have so to say it gives people pause when you have 74% of the population vaccinated and you have the surge and people in the hospital again. that's not what people thought would happen when you had 74% of people vaccinated. what is your public held analysis in your state with experts on this. the booster rate is 4% there. it's really low.

80% are unvaccinated. 20% are. we have fixed sites up. one of the big things we're trying to do is be preventative in terms of our testing. we're the first state in the country where we made a million tests available with help with our partners the federal government. you can go on our website, click, two days later amazon was delivering eight tests to your doorstep. it will allow people know whether ta have it or not. keep them out of high risk situations and bring back the transmission. it's going to be a rough winter.

i don't think the numbers will finish peaking until early january. >> no. when you say 20% in the hospital are fully vaccinated, these are things for people to take pause. they concerning. this is from ron johnson. >> mouthwash has been impressiven to kill the coronavirus. you may reduce viral replication. why not try all these things? >> we asked him about that comment. he pointed to a study talked about mouthwash killing the virus. once the virus is in your mouth

and nose it's in there. people run with this. how damaging is it? >> it's incredibly damaging. there's no doubt about it. i've gotten kind of famous for saying when crazy comes knocking at the door, slam it shut. that's what you got to do. you can't tolerate it and say it's a certain part of your population transmitting this misinformation and it doesn't matter. it does matter. it gets into the populous. you have to get vaccinated. you need to see family member or co-worker to see how devastating it can be. that's a tough place to be but that's sometimes our reality. you have to keep pushing the messaging, pushing the realities of it. we're seeing a lot of hospitalization here. people are take it seriously. the number of people looking to get their boosters skyrocketing.

people are getting aware. it was a slow uptake. now it's i kncredibly rapid. the misinformation is real. people have to discredit it as fast as they can. i don't care what party you're from. we have young democrats that don't want to get vaccinated, older republicans. it's not a gender issue, it's not a party issue. you have certain parts population, a lot of young women that have heard it might affect you and your pregnancy. it's not true. they have data. you want to make sure they are talking to their doctors and not just hearing things on social media. talk to your doctor, pharmacist. get the information and make the right decision to get vak cincinnatied. >> all right. thanks again. >> you bet. thank you. next, a girlfriend revealing her desperation to help her dying boyfriend after he have shot by an officer who says she mistook her gun for taser.

>> took my belt off and i grabbed whatever was in the car. republicans in wisconsin kwuking a 2020 election probe that they are trying hard to hide. they even ran away. >> hi, how are you? hey? good evening, sir. good. it's not magic that makes more holiday deliveries to homes in the us than anyone else, it's the hardworking people of the united states postal service. ♪ ♪ ♪ (sha bop sha bop) ♪ ♪ are the stars out tonight? (sha bop sha bop) ♪ ♪ ♪ alexa, play our favorite song again. ok. ♪ i only have eyes for you ♪

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i've never seen him like that before. i just remember like hearing the bang of the gun and that then i remember looking up. >> reporter: wright's girlfriend telling the court what happened after the shooting. >> i took my belt off and i grabbed like whatever was in the car. i don't remember. it was a sweater, a towel or like something. i didn't know what to do. i just put my hands over it. i just tried to hold it and tried to scream his name. i replay that image in my head daily. >> reporter: after wright was shot, he sped away from the sk scene bleeding from a gunshot wound. we see wright's car striking another in a violent crash. his girlfriend called out to police on the scene. >> the driver is not breathing. >> i try to push on his chest

and call his name. he wasn't answering me. he was just gasping. just take breaths of air. >> reporter: she tells the prosecutor about a face time call with wright's mother while still million car. >> you pointed the camera at him. >> yes. no mom should have to see that. >> reporter: the officer testifying me didn't know wright had been shot and order him to exit the vehicle. sdpr put sdpr. >> kput your hands up. >> reporter: the police getting wriegts's girlfriend out of the car, cuffing her and leading her away. >> you're not under arrest. >> reporter: after securing the scene, officers began rendering medical aid to wright. police tried to revive him. >> trying to figure out how best to treat his injuries and save his life. >> reporter: police body camera footage introduced shows numerous other officers soon

arriving to a scene of under the circumstanceser -- of utter confusion. >> shot fired. >> there were shots fired down there. >> i don't know. i didn't hear that. it was a traffic stop. they had one with a warrant. as i'm pulling up this way, the car takes off, hits this and crashes here. he's got a gunshot wound. i didn't fire. i have no idea about that. obviously, he got shot between there and here. >> reporter: while on stand, wright's detailed her injuries resulting from the crash. >> my jaw, i remember walking and blood was just spilling from my mouth. >> reporter: erin, kimberly potter has pleaded not guilty to charges of first and second-degree manslaughter. -attorney asked for a mistrial taking issue with some of the evidence by the nying that requ. another compelling day of testimony. calling duante wright's

girlfriend as well as another motorist struck by the vehicle as he was suffering from gunshot wound. prosecutors showing the jury that multiple people were impacted that day by this offer's fateful decision to pull her weapon instead of her taser. erin. >> thank you very much. we continue to cover that trial. next, a 2020 election review by republicans in wisconsin. they don't want you to know about it. why? why the secret? this is your home. this is your family room slash gym. the guest bedroom slash music studio.

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a republican ordered review of election results is under way and behind closed doors.

comes despite multiple findings of fraud in the state. why another investigation? why is it a secret? >> reporter: this is what a threat to democracy looks like. inside this building in the milwaukee suburbs, working behind this tonighted doorway is a special counsel of wisconsin's partisan review of the 2020 election. >> hello. hello. >> reporter: they don't want to talk toclining our request for view and dodging my question ons the run. the man we're trying to talk to is michael gable plan, a we tired wisconsin supreme court justice appointed to lead an investigation that could cost taxpayers nearly $700,000. >> to get to the truth of what happened in our 2020 election. >> reporter: three separate audits, recounts and court cases have found no evidence of widespread fraud in wisconsin.

that's not stopping gableman from moving forward. >> he's asked the court to instruct the sheriff to come and take me to jail. >> to take you to jail in. >> yes. >> reporter: at least the mayor of madison, wisconsin. a democratic strongholds. gableman wants to interrogate her in this building away from public view. >> because he wants to ask you those questions in private, he is going to seek your arrest? >> yes. if it comes down to it and i have to go to jail for democracy, i won't be first person to have done so. >> reporter: gableman was hired by speaker robin boss pictured here with donald trump. he tweeted about the top to bottom i nvestigation. after this tweet, gableman's investigation expanded. >> good morning. >> reporter: we tried to talk to speaker vause. his office says he had no time this week.

we wanted to know why he would hire gableman who just days after the 2020 election cast doubt on wisconsin's election results. >> our elected leaders have allowed unelected bureaucrats at the wisconsin election commission to steal our vote. >> reporter: records obtained by american oversight show taxpayers paid to fly gableman to arizona last summer where the widely debunked partisan review of the 2020 ballots took place. then he went to south dakota to my pillow guy cyber symposium which amounted to gathering of outlandish conspiracies and election lies. in wisconsin, gableman's investigation continues in the dark. his only two public appearances before state lawmakers combative. >> stop making things up, mark. >> why -- your constituents

deserve better. shame on you. >> shame on you. >> reporter: josh call is wisconsin's attorney general. >> is this about 2020 or is this about 2022 and 2024? >> i think this is really about 2022 and 2024. i think what we have seen is even though the insurrection ended, the spirit has remapined with us. this is an effort to reduce people's confidence in our election results. >> reporter: wisconsin senator believes elections can always improve but says what's clear, there's no wide spread voter fraud and hst party that needs to make that clear. >> if they don't have confidence, they will not come out and vote and it's going to harm republicans. it's republicans, including donald j. trump who need to say, okay, let's stop. let's move forward. >> reporter: the gableman

investigation shows no sign of stopping. >> can we talk about your investigation? >> have a good flight. >> reporter: or answering to anyone. a bipartisan federal elections expert say they are very concerned about what they are seeing in state of wisconsin. it's similar pressure who what they are seeing being applied to arizona, pennsylvania, michigan. what they all have in common? they're swing states. >> thank you very much. fantastic report. anderson starts now. good evening. we begin with breaking news on multiple fronts. there's a verdict in the trial of actor jussie smollett accused of staging a hate crime. the jury has spoken. we'll bring you detail offense that. there's breaking news of washington. federal appeals court says he cannot keep his white house records secret and out of the the hands of the house selec