matthews, two former trump white house officials who resigned after the deadly capitol attack on january 6th. tomorrow, testifying publicly. >> the president started talking about the rally -- >> after talking to the committee behind closed doors. >> one of my staff brought me a print out of a tweet by the president. and the tweet said something to the effect. mike pence the vice president didn't have the courage to do what should have been done. i read that tweet. and made a decision at that moment to resign. that's where i knew i was leaving that day once i read that tweet. >> pottinger former deputy national security adviser served under trump for four years. the former journalist and marine was brought into the

white house as a top agent adviser by michael flynn. who he worked for in the military. according to the new york times, pottinger told the committee he alerted trump's state chief of staff the mark meadows of the national guard had still not arrived at the capitol on january 6th. former deputy press secretary sarah matthews was one of several white house aides calling for trump to condemn the violence on january 6th. a source tells cnn, his an action led to her resignation that night. >> he said that we could make the rinos do the right thing. is the way he phrased it. and -- no one spoke up initially. because i think everyone was trying to process what he meant by that. >> now she will testify about what she experienced in the white house that day. >> it was clear that it was escalating, and escalating quickly. so when that tweet, the mike pence tweet, was sent out. i remember us saying that was the last thing that needed to be tweeted at that moment.

the situation was already bad. so it felt like he was pouring gasoline on the fire. >> the -- she spent her adult life working in republican politics. spending her college summers interning for rob portman, then speaker of the house john boehner. and helping with the 2016 republican convention. joining trump's reelection campaign before being brought over to the white house by press secretary kayleigh mcenany. their testimony comes after that of another younger white house aide, cassidy hutchinson. whose bombshell revelation shut sent shockwaves through washington. on these two witnesses, along with former white house counsel pat cipollone, whose video testimony we anticipate seeing large chunks of tomorrow. will really help shake the focus of that hearing. which we expect to be 187 minutes along. lawmakers examining the amount of time the former president donald trump did not act as that violence was unfolding at the capitol. don?

>> thank you very much for that kristen, i appreciate it. i want to bring in cnn contributor, mr. john dean, and cnn chief legal honest jeffrey toobin, good evening gentlemen. jeffrey, the january 6th committee has snippets of outtakes from trump's team message of the day after the riot. this is what congressman adam schiff told me about it. >> there are people urging him to say things to try to get the rioters, and attackers to go home. there are things that he can't be prevailed upon to do and say. not for hours and hours. and ultimately, when he does give a statement, still. thanks he wouldn't say. so, you will have to wait until tomorrow evening to see precisely what that is. >> this could shed a whole lot of light on his state of mind in the wake of the riot. that could be revealing, right? >> yeah don so much of this investigation has been about

former president trump's state of mind. was he someone who was trying to just get the right answer about how the votes were counted? or was he doing whatever it took to get his vote total ahead of joe biden, regardless of what the actual vote totals were? outtakes are an extremely useful piece of evidence in that regard. you get to see the real ungarnished trump, you get to see him, see what the -- his staff wanted him to say. and you see him what he really wanted to say. i think that should be an extremely revealing part of the hearing tomorrow. hearing these outtakes. >> of the tug of war, right? between -- i want to say this, i can't say that, this is what you should say, so. on the committee has already laid out how many people were begging trump to act, and he didn't, doing nothing.

it might not be a crime, but does it say something about his motives and intentions? for the sixth, is that is about prosecutable? you know i'm going with this. >> it's all part of the issue of state of mind. to go back to our state of mind. on january 6th. we were all either covering or watching what was going on. this was a life or death struggle, everybody knew it at the time. it was a tremendously violent confrontation in the capital. and there was one person in the united states who could have shut it down and it was donald trump. and you know, 187 minutes, that's a long time! that's you know, more than three hours. that he let it go on. and included in that three hours. it is the tweet about mike

pence, which stirred up the crowd even more. so rather than pouring water on the fire, he was pouring fuel on the fire. at least at 2:24 pm, during the you -- know with that tweet. so, it's going to be so interesting to see, what more detail we get about what trump was doing and saying, and to whom during those three hours. >> i wonder how much this matters, because john, both of these staffers testifying tomorrow quit because of trump 's actions on january 6th. what difference does it make? you know, to have white house insiders giving us this information. and white house insiders who were so upset of what happened, that they quit? >> well i think we have something of an adversarial posture between the white house and these witnesses. they have been attacked by the former staffers, we are -- who are still trump supporters. and trump is apparently throwing grenades as well.

they don't want to have their reputations smeared, as trump will want to do. so they are going to come forward with a lot of facts. some we know of, some we don't know of. and i think it's going to be really gripping television. it's prime time so you know the committee has thought about how to present a powerful case for the audience. they've got america's attention. and they will try i think to use these witnesses and other information they have gathered to make the points that they feel will kind of wrap this up. it is not the end of their investigation. it's not a summary report rather it will delve into his dereliction of duty. which is pretty horrible. >> you know jeffrey, we saw pat cipollone we only saw small portions of him former white house counsel pat cipollone his taped testimony. what would it mean if the committee could back up the

hutchinson testimony that trump thought tense deserve to be targeted by that mob? >> well i mean it could be legally very significant because again. this goes to the issue of state of mind. if you have the white house counsel saying to the president you can't do this this is illegal and according to cassidy hutchinson there were -- you know that cipollone kept saying everyone is going to go to jail if this continues. so you know this is in many respects the most important part of the of the evidence. because you know, ultimately, i think the most important legal issue is. did donald trump know or support, or indoors, violence at the capitol? and seeing what he did while watching that violence unfold.

and perhaps hearing advice from his aides. who were saying. stop this. this is you no criminality. that could be you know extremely significant to the justice department, if and when they do an investigation. >> i feel like sometimes, you know, the two stories are so similar. it's unbelievable to have you here. john dean, talking about this. you seem to have and know the pertinent questions what happened with richard nixon and watergate. the january 6th committee saying that concerns about the secret service handling of text messages. our jamie gangel saying earlier, that's code for being serious. how poorly has the agency handle this? >> not well at all, the thinking back on watergate. as you were leading into the question. and how poorly the secret service did in that. where they had an 18 and a half minute gap, they couldn't really --

>> that's why i said it, that's why i said it [laughs] >> they had a whole missing real, the one i revealed, my conversation, where i thought i was taped. and that whole thing disappeared. so this is an agency with a history. i have always been surprised, how political donald trump -- i shouldn't say surprised, he made everything political. he certainly politicized the secret service. he brought his own man in to run it. he took the head of his own detail and made him a deputy chief of staff which is just an unheard of position. we're an agent literally steps out of the detail to take over everything from advances. to really protecting the presidents personally, as well as politically. and i think that's what happened with this agency. and we don't know what all has gone on. but the missing conversations

like i have alluded to earlier they are very responsible for doing the presidents daily diary. a lot of the information from the diarist of the national archive correct, he or she get that from the secret service. there is seven hours missing, for january 6th. that's still never been explained. we kind of moved on to other missing problems. that's all going to be addressed now. >> obviously, that's a huge problem. let me ask you, look we don't know. and the investigation has to play out. considering everything you have heard from the secret service, and your history. sounds to me like you are saying, you wouldn't put it past them? >> i wouldn't put it past this presently constructed secret service. >> tell me why. i know you talked about it a little bit. he put his own man in charge. >> that's it, he politicized it, and they were answering not to the government in general, and trying to protect the incumbent president. they were trying to help and get reelected. and may have well have been

trying to overturn an election. we will find out. >> wow, jeffrey -- i don't know if you even want to respond to that. you want to move on? >> well you know -- it's it's -- it's a really chilling thing. because, the secret service is supposed to be entirely apolitical. that they protect a handful of top people starting with the president. but they don't do it ideologically, and if they see as their job, to protect the president politically. in addition to physically. that's really going to change peoples perceptions of the secret service. and not in a good way. and the secret service has done nothing to enhance its reputation, by this incredibly bumbling away, that they have dealt with the issue of text messages. and bumbling, is the the

charitable explanation. the sinister [inaudible] they were engaged in a cover-up. we will see which is the correct answer. >> do you think -- i want to move, on and talk about what's happening with rudy giuliani. let me ask you, this john. do you think that's a misperception, that people have about the secret service? that it is a political, and people aren't ideological? because, you know, a lot of law enforcement conservatives, nothing wrong with that. that's the truth. wouldn't that be similar? when it comes to the secret service? and especially considering your history, and your knowledge of the secret service? >> yes and no. i think the protective detail who gets a very attached personally to the president. and that's not surprising. these are people who are willing to give up their life to protect him. so the fact that they are more than lumps in the room when they are there and most presidents recognize that so this is troubling that that's happening to this agency. but trump is politicizing

things causes these kinds of problems. >> so jeffrey, let's talk about rudy giuliani. state level investigation, because a new york judge is ordering rudy giuliani to testify next month. in fulton county, georgia, probe of that, to undermine the 2020 election. how big is that? well, we'll see if he actually testifies now. any lawyer in his right mind would tell rudy to take the fifth. because, rudy is really exposed, especially in the jurisdiction investigation. which, is moving quickly. and, in a very aggressive way. by the fulton county district attorney. but, you know she is pushing forward. she's named a whole bunch of new targets of her investigation. she's got rudy, you know, coming into the grandeur. it will be important if he testifies, but i wouldn't put a lot of money on, him actually for the graduate. i think guilty v. >> and i just want to say, rudy giuliani was one of trump's

close allies with -- and john eastman. so, there you go. there it is! thank you gentlemen. good to see. i appreciated. >> thanks don. >> all right, one text message. that's all the secret service managed to turn over after a month worth of records after the secret service personnel -- no wonder the committee is expressing concerns. are they hiding something? >> the secret service remains committed to cooperating fully with the committee. ent you can trust. >> man: looks great. >> t tech: that's service on yor time. schedule now. >> singers: ♪ safelite repair, safelite replace. ♪

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handling of cell phone data after the agency turned over just one text exchange requested by investigators. i want to bring in, out cnn law enforcement analysts, who defended the capitol on january six. and national security analyst, she is the author of the devil never sleeps, learning to live in age of disasters. michael, thank. you michael, you have a book coming out as well, we should mention. let's name your book again. >> hold the line. >> when does it come out? >> october, october 11th. >> i know because i wrote a little snippet for. it's >> okay, i appreciate both of you joining us. as a former npd officer and someone who defended the capitol on january six, you don't buy what you're hearing from the secret service. why not make? >> well, first of, all four great deal of my career i worked closely with federal agencies, atf, fbi, dea. and i know how seriously they

take the storage of data, specifically that of text communications, emails, things like that and so i just don't buy the excuse that secret service is giving. normally, i look at situations like this, with the witness test that i go by were they dumb or were they dirty? and, i think normally, it blends itself more to the former. but, in this instance, there is just too many things that don't add up. and i think that there is something more sinister at play here. >> so, listen, julie yours shaking your head in agreement with what michael said. but my question is, can investigators tried to recover the secret service text messages? and, figure out if they were deleted deliberately as michael is insinuating here, possibly? >> yes, i definitely could. the irony here is of course

that the secret service is one of the major federal agencies that investigative data and forensic cases. the irony is, of course, they would never buy this argument from someone they were investigating. it is just too incredible at this. time what they can do is, they can look and see whose other texts were deleted. so, if it just happens to be those 40 guys, what do they have in common so you are now going to look at where they friends, where they all on the same detail, where they all coordinated by a particular individual? you could also see who is texting home. so, you can go back to the telephone or to the phone logs and the phone companies and determine if 1202, 555, 111 was calling these five numbers over the course of those two days. and, then you could just identify who the agent was. so, there is a lot of data backtracking. and, this is what's important. the content of what is in those text is important.

there is no question about it. but, what is already happening seems to prove the case that the secret service doesn't want us to see those text. i find, it like michael, incredulous at this stage that they want us to buy this argument that they happen to have a data transfer in the very month that there is a presidential transition, and a new president coming on board. which is what the secret service is in charge of. and, we are told, twice, that they were not to delete anything. and, this just happened to have happened, you know. crimea river at this stage. >> well, mike, talk about this, doesn't make any sense to you that the secret service will trust employees to voluntarily backup their information considering the level of work that they are responsible for? i mean, the president of the united states, the vice president and so on? >> yes, i don't know any agency that trust the, you know, the holder of whatever the devices

to backup their own data. i mean, metropolitan police department, my former agency, we are a little late in the game when it came to issuing personal devices. but, i know from spending, you know the last month or so with the department working in the technological and analytical service bureau, that even a rock department like ours still has the sophistication to backup data and when devices were upgraded, that data was stored and preserved. >> yeah. >> mike, caroline, and philip rucker's book, my alone, convicted they reported that mike pence refused to get to the secret service car in january six because he was worried his detail would taken away from the capital against his wishes. what do you know about that? what does that say to you? >> me? >> well so -- >> well, i asked for mike, go

ahead. mike >> well, for me it says that a level of distrust between mike pence and the individuals that were going to be evacuating him from the capitol complex. i, mean i can't speak to, you know, what was in his mind at the moment whether he is concerned about whether they bring him back to the capital so that he could, you know, finishes work or whether, you know, there was something more worrisome that he was concerned about. but, certainly, a level of distress. >> julia, go ahead! >> i would agree with that. i mean, pence knows that if he leaves the capitol, the constitutional duty will be harder. because, what trump has on his side's delay. the longer trump can delay this, the more mayhem there is going to be. the more violence, the more questions and then his media outlets say what is going on? we have to do a do-over. and, people lose boxes of

electoral votes. this was trump's goal. the longer you can delay, it the more, as he said, let me take care of it, right? you create the noise. let me take care of. it the more lawsuits that would we brought. so, i do think that pence understood that his physical presence, at the capitol was essential because if he leads, it is not at all clear when he's going to be able to get back. and he, constitutionally, was the one who sort of had to certify the votes that they. so, whatever you think of mike pence, he made the right judgment call. never leaving the facility. you do not leave that facility. because, you don't know when you're getting back. >> mike, we did know there were firearms at the ellipse of the morning of january six. so, what can officials not clear at the mall? why was trump allowed to be in the vicinity of someone with an ar-15? >> well, that's a great question don. i still don't have, i still don't think that we've gotten a real answer to that from the secret service.

you, know one of the things that led me to the conclusion that, you know, these text messages being deleted were and it was a very, as was the tally of the circumstances when it comes to the secret service's behavior on january six. think about it. you have individuals who are being reported by law enforcement in possession of firearms. one specifically that i remember played by the select committee, a radio transmission would be individual was in a tree, with an ar-15. how that would garner a reaction from the secret service that would remove the president from that area shut down, you know, any activities that were taking place. it's just mind-boggling to me. it makes absolutely no sense. >> i have to just add one thing. and, then five minutes later, it's going to be a couple of hours later, michael is exactly

right. michael, to pence is under threat. number three, nancy pelosi is under threat. there is no way you leave trump in the oval office. he is going downstairs. he is going into hiding, if you're doing this. right, because you have number two and three under threat. and, that never happens. right? so, i'm exactly with. mike this is not right. >> and, don, as if that wasn't crazy enough, after all of this takes place, the secret service then request my former department, the metropolitan and the police department to assist them in securing a route to transport donald trump to the capitol complex we i mean, that and of itself is insane. >> yeah, it's gotta be frustrating too, for this question that i, had one people say, and when you hear trump supporters and conservative media saying, there were no firearms. you know, on january six. none have been -- nobody was armed.

that's gotta be frustrating, especially for the people like you who helped to protect the capital. >> yes. >> thank you both, i appreciate it. >> trump aides testifying to the january six committee. but, one republican speak out against trump, the backlash from, within their own party begins. that's next, plus, a great white shark raj -- washing up on a long island beach today. look at that.

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when trump rioters stormed capitol -- how are republicans reacting to what they are seeing in the hearing? let's talk about it. mark lemur mitch, the author of thank you for your servitude. mark, such a pleasure to have you on. thank you for joining us this evening. let's get right to it. we have heard from so many full on trump supporters from bill barr, ivanka trump, disputing the election lies. this is the inner most circle. but, they don't paul call him -- give me your take on how these hearings are being taken by republicans? >> well, i mean, it's pretty striking. just the silence. there has not been a big line of republicans running to his defense. what's been so striking about this is the witnesses are all by and large republican. these are people who were in the room. these are not peripheral figures obviously. and i think, one of the central questions i ask in the book. is how could donald trump remain so teflon in over six or

seven years. to a point that he probably, if he wants, it could run for president again and be the nominee of the party. i think the question is, nobody stood up to him, and continues not to stand up to him. yes, i think these hearings have been kind of an object lesson. on what quiet courage, or quite sort of patriotism, in telling the truth. can look like. ultimately, it stands very much in contrast to the cowardice that silence we have heard, from pretty much every step of the way. without the republican party, donald trump will not be possible. >> so for your book, you spoke with former wyoming senator alan simpson. he said quote, this is not a republican party anymore, it's a cult, that's what he says right? wow! but it does january six hearing combined with the weakness of president biden right now, have some people looking to, you know -- maybe d program? >> well maybe. i don't particularly by the notion that donald trump is really as weak, or weaker in

the republican party that he might have been. look, i think, he is ultimately, i think there are a lot of people who would like to move on. but i think, again if he wants the nomination he can have it. when we talk to when i did the reporting for this book. when you talk to people, republicans. there's never been such a bigger gap, between what republicans will say privately about donald trump. which is really quite contemptuous often. and what they will say publicly. which is a sycophant c, which we have seen over and over again. humor hen over and over again. which essentially has become the platform of the republican party. over several years. this is sort of who the republican party wants right now. and they haven't really stood up to him. >> i'm glad you said that. because at the perfect question for you, is what adam kinzinger said to you about the difference between, talking about trump in public. versus, with your fellow elected republicans. here's what he says. he says, for all but just a handful of members, if you put them on truth serum, they knew

that the election was fully legitimate. and that donald trump was a joke. the vast majority of people get the joke. the thing is, we all know what happened to republicans who have spoken out against trump. and that is nothing good, mark? >> well, it depends how you measure it. there are certain people like liz cheney, and jeff blake, and adam kinzinger, and mitt romney, and a few others. who take a longer view. and say they are playing for keeps. this is history's verdict, they want their children to sort of looked proudly upon how they contributed during a very very precarious moment in american history. they actually care about their legacy. there's also a number of instances and reporting this. booker i would talk to lindsey graham, or i would talk to kevin mccarthy. or any number of people. and say, do you worry about your legacy, do you worry about being remembered as someone who lied for donald trump? and almost to a person, they were just contemptuous of the question. they would sort of look at me as if i had three heads. and say, why would i care about that? where is the statue to jeff

blake, or liz cheney? as if to say, there's really no reason to look beyond the day-to-day expediency's of keeping donald trump, happy, or not sort of triggering him in some way. so to me, it was a very short term precarious game. and you know, i would be talking to kevin mccarthy, and it would be a big orange light fixture was about to fall on his head. whenever i would mentioned donald trump's name. his body language would've just hands up, and you could sort of see it over and over again. i think this -- whole >> they are scared of him? >> i think the hold is still very strong. >> i mean, physically, you think -- it's fear, was that fear you are seeing? >> absolutely, absolutely. i mean, in some ways it's a joke. like to use the old washington phrase, you've got to get the joke. that's like an unspoken truth it wouldn't be prudent to say on the record. we all know what we are dealing with here. i think by and large, many republicans will say privately that they understand that donald trump is not fit to be president. and at worst, it's a criminally

dangerous character. again, it's a bad career move to state and public. and self perpetuation is at the drug that keeps them here. so they will you, know make whatever deal so they will. make >> the quote from lindsey graham, that he told you, was he's good for business. which means, this is all about personal gain, and that's not going to change. mark, you spoke with former republican congressman, who told you the party's -- only real plan for dealing with trump's 2024, and to quote, waiting for him to die. you say [laughs] the only other strategy is to hope he goes away, that's it, that's all they got! >> yeah i, mean to emphasize. this was a member -- a republican member of congress saying this to me. and essentially, i think it goes very -- it's obviously a dark view. it goes to the passivity of so many people in the republican party. hoping the problem goes away on itself. and we won't have to do anything. you know, to me, that's the ultimate path of least

resistance. i think, if you want to change something in politics, you should speak up. i think history will probably remember those who have, more favorably, than those who have not. >> this is beyond the book, you are sort of personal view. are these hearings penetrating atul? >> much more than i thought that they would. i really had fairly modest expectations. i think they have been tremendous, i think they have been handled very well. i love the fact that the members of the panel are giving these long speeches. i think ultimately, the fact that the republicans have been largely the witnesses. and the republicans who have been in the room, have been very effective. it's been pretty simple, so i am pleased. i hope they continue, ultimately, there is going to be a blockade of information among the big part of the country. i think it's been pretty good so far, i hope it continues. >> mr. marc leibovich thank you sir. the book again is called: thank you for your sober today. and we appreciate you joining, us thank. you >> thank you don, appreciate it. >> an unarmed chicago

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cnn, exclusively obtained body camera footage of chicago police shooting an armed black 13-year-old. attorneys for the team are saying that he had his hands up

and was turning around to surrender after being pursued when an officer shot him. now, he is paralyzed. here's cnn's omar horrendous. but i have a warning for you, some of the content in his report is graphic. in the final moments, of the chase -- [noise] body camera footage obtained exclusively by cnn showed how it ended with the chicago police officer shooting an unarmed 13-year-old who was running from a stolen vehicle, and who lawyers and some witnesses say had his hands up. the 13-year-old's attorney say the teen was trying to surrender. the officer's attorney says, in a split second decision, he was the teen cell phone was a gun. >> jesus christ, dude! [noise] >> that was the reaction of the officer next to the shooting officer. after shots were fired. >> [inaudible]

>> get it! >> shortly after -- >> two officers grabbed the 13 year old who had just been shot by his sweatshirt and legs, he carried him away from the gas pump where he was. ling >> they dragged him, with no regard for this young man. pulled him like a rag doll away from the pump to another area, after he had already sustained a major injury to his. back >> there's supposed to value the sanctity of human life. there was no value here. >> officers believed they likely struck those gas pumps. >> chicago police later said that they were concerned a gas tank might have been hit by gunfire, and could explode. the shooting officer, noaa bomb, did not have his body camera footage activated until roughly 40 seconds after the shooting, as he asked another officer if his is on. >> well the officer's camera being off, -- told cnn.

>> but an exclusive poll, the team told. cnn >> this edition was, hey, maybe this is just a temporary absent minded nurse because he was involved in a pursuit. they know that they're supposed to engage their cameras. and it's up to them to do it, the 13-year-old was a passenger in a suspected stolen car, when officers tried to stop. police say, he jumped out and started running. then, right as he turns and appears to raise his hands, he shot it least once. leaving him, now, paralyzed from the waist down. his attorney say. and, for you all, at least, it is clear that his hands were. up >> his hands were up. there was no justification for the officer to shoot. and, he was unarmed. >> clearly unarmed. >> and at least, some bystanders on the scene appear to agree. >> one [inaudible] >> witness, who did not want to be identified, said -- >> his hands were up. and i'd seen the, calk he was just shooting. >> but the attorney for the shooting officer is looking

less at where the hands were and more what he says his client thought was in. then >> attorney, timothy gray wrote to cnn, part, officer recently believed that the object being pointed at him was a firearm, it ended up being a cell phone. but officer vause had to make a split second decision as he had no cover and no concealment and discharged his service weapon to stop the threat. >> the team's attorney argued he was trying to surrender. , and at the pursuit should've happened in the first place. >> there has been no charges against, him he was in a stolen vehicle, and he ran away. he ran. away, and that is why he was shot in the back. , if all you need is to have someone flee from the police to justify a shooting, we got real problems in this city in the miss country. now, don the team's attorney dispute that there was ever anything in a santa. often argued, there is no definitive video to prove it.

today, along with the family, have now filed a federal lawsuit against the chicago police department, and part to account for the team's life that has now been altered forever. because of these injuries. the chicago police department could not comment on the shooting because it is still under investigation, as civilian officers of police accountability. but, they did confirm that the officer was stripped of his police powers, at least two days after the shooting pending the outcome of that investigation. >> don? >> omar, thank you. we'll be right back.

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>> good evening with the house january six committee gearing up for primetime finale tomorrow. we begin tonight with the headline that makes a good case as any for the committee's existence. and certainly underscores the threat to democracy that has not gone away. at first, you may think, it's a typo! but it's not! wisconsin assembly speaker says trump called him this month to decertify the 2020 election that's the headline. the story comes in the wake of the state court ruling on ballot drop boxes in future elections. not at the last one. wisconsin's assembly speaker, a republican, and saying the former president called him last week. trying to overturn his 2020 defeat. last week as the