hey, thanks! we got a muffin for ed! all right! you don't need those calories. can we at least split it? nope. advanced security that helps protect your devices in and out of the home. i mean, can i have a bite? only from xfinity. nah. unbeatable internet. made to do anything so you can do anything. well, that's it for us tonight. don lemon tonight starts right now. don lemon. >> hey, how are you? >> i got my shoulder pads working today. >> you do, i feel like it's dynasty night, again, is blake carrington coming over with krystal, or joan collins? >> they wish they wish they had this. i was a dallas fan. not very south fork, not very miss elliott, but i don't know,

maybe it's linda gray. >> no, it's dominick deborah, all the way. thank you. thanks laura. i've got to get to the news, i will see you later. this is don lemon tonight. there is a mountain of brand new revelations from the january 6th investigation that i have to tell you about. and pretty soon we are going to have our chief legal analyst on here and i think he thinks this is a pretty big deal, okay, so, stay tuned, right? >> totally. >> that was a precursor. that is jeffrey toobin. new tonight, the justice department reportedly investigating the actions of the then president himself as part of its criminal investigation of efforts to overturn the election. that, according to the washington post. sources telling the posts that prosecutors have been questioning witnesses for hours before a grand jury about conversations with trump and others in his inner circle related to the fake electors scheme, and his pressure campaign on mike pence to overturn the election. we will have much more on that

tonight, so make sure you stay tuned. when it comes, attorney general merrick garland says this. >> say again, that we will hold accountable anyone who is criminally responsible for attempting to interfere with the transfer, legitimate, lawful, transfer from one administration to the next. >> and you've got to sit back and pay attention to this, right? because the gall, the nerve, everything that we have learned from this investigation, everything that we have seen and heard with these hearings, the president whose election lies set all of this into motion, he was back in to washington for the first time today. and what he said, you got to hear it for yourself, because you think that words might just stick in his throat. here it is. >> police officers are heroes, performing a great public service, at great personal risk. it is an unbelievably dangerous job. and by the way, more dangerous today by far, by far than it

has ever been. >> the law and order blue lives matter, right, crowd, beating police officers would fly balls and pepper spray. so, i want everyone to take a look and remember what we saw with our own eyes, her their own ears on january 6th, when hero police officers, and that's what they are, heroes, who attacked and brutally beat, were brutally beaten, as they try to defend the capitol from donald trump's supporters. here it is. >> [noise] [inaudible] we need to hold the doors of the capital! >> what happened to police officers at the capitol on january six was unthinkable. one officer testifying under oath before the committee that i was like a war zone. >> when i fell behind that line, and i saw, i can just remember my breath catching in my throat.

because what i saw was just a war scene. it was something i would have seen out of the movies. i could not believe my eyes. there were officers on the ground, you know, they were bleeding, they were throwing up. you know, they had -- i saw friends with blood all over their faces. i was slipping in peoples blood. you know, i was catching people as they fell. you know, i was -- it was carnage. >> that was an officer who is there, testifying under oath.

and why did donald trump do? not only did he do absolutely nothing to stop the carnage, officer edwards and her fellow officers experience, he actually refused in a speech the next day to hold the riders accountable. >> it looks like here that he crossed out that he was directing the department of justice to ensure all lawbreakers are prosecuted to the fullest extent of the law. we must send a clear message not with mercy but with justice. the legal consequences must be swift and firm. do you know why he wanted that crossed out? >> i do not know. >> so you salt and black and white for yourself, him refusing to hold lawbreakers accountable, brutally attacked police at the united states capitol?

actions, or lack of actions, speak louder than any words, especially on january 6th. jeffrey toobin is here, john dean as well. good evening to both of you, thank you very much. jeffrey, i'm going to start with you here. as we're looking at this, i'm going to talk exactly but what they're doing with this report from the washington post. prosecutors have asked hours of detailed questions of trump meeting december 11, 12, 2021, this high pressure campaign on pants. the department of justice asking these witnesses in front of a grand jury about their conversations with the then-president, asking about meeting pence's lead, the pressure campaign on pants and instructions -- his attorneys in his advisors about fake electors. what does that sound like you? >> that donald trump is under criminal investigation. i was thinking today imagine if you and i were to discuss today that george w. bush or barack obama was under criminal investigation. like, that is just inconceivable. but we see that donald trump is under criminal investigation and we go of course. because given the amount of evidence, and given the fact

that we have hundreds of prosecutions of people who were sent to the capitol by donald trump for his benefit who have been prosecuted, at this point it's really almost only fair that trump is under investigation as well. because, like, who benefited from all those crimes that we know we're committed? >> you think the evidence is so heavy that you go, of course. is that what you believe? >> of course he should be under investigation. i am not prepared to say at this point that he should be indicted or he should be convicted, but if you look at -- you know, it's very important that these two witnesses we know about from earlier this week, pence's former chief of staff, his former lawyer, they can talk about the effort to intimidate and force pence to try to overturn the election that the justice department could be corrupted to help trump, and the fake elector scheme could go forward.

all of that is relevant testimony from these witnesses, and all of it is relevant to the fact that trump is now under investigation for conspiracy to defraud the united states and potentially obstruction of congress. these are the charges. >> john dean, i want to bring you in. i want to hear what you think about this, when you heard the news and read the report, what were your thoughts? >> my first -- i was encouraged tree that there were also investigating seditious conspiracy. now, that, you need some violence, and you have to tie and connect trump to it. which has not really happened yet. but i think that is inevitable that they're going to find evidence of roger stone or somebody like that. you know, that was trumps inclination and disposition. so, it's encouraging that that is certainly on the menu that they are looking at. but i think also it is important to realize this is the force sort of official leaked that has confirmed what has really been going on probably for a good number of months now. marc short, and greg jacobs

just did not pop up. somebody talk to them, knew what they were going to talk about in front of the grand jury, and then process them just last friday, had them up here. now, we're getting a story of much more depth about the nature of this investigation. it hasn't said that trump is the target, but it is hard to believe he is not. >> okay, those two players that you meant in there, jacobs and short, how is this close now to the former president with these key players talking? john? >> it is right in the oval office. it is right in the oval office, don. they were present for the key meetings when the president was trying to bend his vice president into doing an illegal act. and they were, they were helping him support the vice

president to do the right thing. so, they are not part of the conspiracy, but they certainly witnessed and experienced the attorneys that reach out to them to try and bend the vice president and all the others. so, they are key witnesses and big witnesses. >> how long has this been going on? you said this is sort of the first official leak, that's your words, that we've had. let's listen to the attorney general just tonight, here it is. >> we have been moving urgently since the very beginning. we have a feud number of prosecutors and agents working on these cases. it is inevitable in this kind of investigation that there will be speculation about what we are doing, who we are investigating, what are theories are. the reason there is this speculation and uncertainty is that there is some fundamental tenet of what we do is prosecuted investigators is to do it outside of the public eye. >> and, go ahead jeff.

>> he said something very significant, garlanded in his interview with lester holt, when he talked about what they were investigating, he did not just say the insurrection at the capitol. he said interference with the peaceful transfer of power. and that goes to issues like the intimidation of pants, the corruption of the justice department, the fake electors. so, he said they are investigating something broader then just the violence at the capitol, which is what his critics said, that's all they were doing. >> but also, again, do you agree with me, that you have to be careful, as you said the bar is very high for any sort of criminal, right? >> very, very high. >> i mean, look at the russian investigation. if you look at the report from russia, you can weigh on in this as well john, if you look at the russian investigation, there -- the report itself shows that it was interesting that there were players who were conspiring or had the potential to conspire,

except the former attorney general and then spun the report. but still. >> that's right. and you should, we should be very cautious in saying that all of this is an investigation at this point. but you cannot have charges without an investigation. this is the first step, but it does not mean it will go farther. but it couldn't go farther without this four step. >> john? >> one of the things also that struck me is how this has been very silent. it has been very in-house. no special prosecutor being selected. and i think that is something that garland wants to avoid, is this ever going there. and it would be part of the rehabilitation of the department of justice, which got shamed during watergate, and shamed during the bar trump era. and i think he wants to rehabilitate the department, and they are doing a wonderful job, i think, of doing that. >> you talk about other things, jeffrey. the post is also reporting that

doj investigators also received phone records in april of key officials and aides in the trump administration, including mark meadows, it brings investigation along further than people thought. >> i don't know how far along it is -- >> but you know how these things work. i have been hearing prosecutors and former prosecutors and lawyers saying all day, if they are talking to mark short, and if they have gotten this far it appears that the former president is being investigated. >> right. >> and has been for a while. >> and the washington post says he is specifically being investigated. but remember, testimony is very important for witnesses. but if you doing a syrian white-collar investigation, it is not just testimony, it's getting the emails, it's getting the emails, it's getting the memos. i mean, all of the underlying documents, which is always so important for corroboration, because you cannot build cases exclusively on peoples memories. you have to show what the

contemporaneous records are. and presumably, the justice department has at least most of them, if not all of them. >> john dean, a pass is prologue, at being involved in watergate, what are we seeing here? what's happening? >> well, we are seeing a case being built step-by-step. in watergate, they would actually go after nixon's lower aids first. and then as chief of staff, man's top domestic adviser. i think that is probably going on right now with people like meadows, maybe giuliani, who was trump's private lawyer in this manner. and i suspect they will try to put the squeeze on those people as they try to build their case. and so, that would be the natural evolution of this. and it follows a pattern that jeffrey is very familiar with, because it's kind of standard operating procedure. >> and also takes a while. everybody is frustrated, i mean, a lot of democrats are frustrated with garland. if you look at iran contra, if

you look at watergate, it took a year and a half to two years to get the big conspiracy case indicted. so, this is not on the slow boat to know where that a lot of democrats thought it was. >> it has been a year and a half. thank you, thank you both, i appreciate. we've got a lot more on january six news tonight. new details on the doj, looking at the farm presents actions in the criminal investigation. plus, what trump's acting defense secretary told the committee that directly contradicts his former boss. ["only wanna be with you" by hootie & the blowfish] discover is accepted at 99% of places in the u.s. ["only wanna be with you" by hootie & the blowfish]

blendjet's summer sale is on now! cool off with this hot deal on blendjet 2. it packs the power of a big blender on the go, and it crushes right through ice. just drop in your favorite ingredients, even frozen fruit, and make a smoothie any time, anywhere. blendjet cleans itself. just add a drop of soap, water, and blend. recharge quickly with any usb port. order now on blendjet.com and kick off the new year right! i know there's conflicting information about dupuytren's contracture. i thought i couldn't get treatment yet? well, people may think that their contracture has to be severe to be treated, but it doesn't. if you can't lay your hand flat on the table,

talk to a hand specialist. but what if i don't want surgery? well, then you should find a hand specialist certified to offer nonsurgical treatments. what's the next step? visit findahandspecialist.com today to get started. the unknown is not empty. it's a storm that crashes, and consumes, replacing thought with worry. but one thing can calm uncertainty. an answer. uncovered through exploration, teamwork, and innovation. an answer that leads to even more answers. mayo clinic. you know where to go.

in the next second, fourteen families will decide... that's it. we're getting a bigger house! finally. but we got to sell this place. before we buy the next place. and then, in the meantime. so, how long are you staying? emily no! ooh a little cramped. i am cpap man. that is not a toy! or skip the in-laws. sell and buy your house with confidence with opendoor. move when you're ready. that's it. indeed. when life's doors open, we'll handle the house.

merrick garland saying emphatically the justice department intends to pursue anyone who may be criminally responsible for the events surrounding january 6th, including anyone who attempted to interfere with the lawful transfer of power. that is important. and i'm going to talk to our cnn legal analyst norm isen, the former special counsel from trump's trial. senior legal analyst elie honig, a former federal prosecutor. i'm happy to have you on gentlemen, norm. attorney general merrick garland telling lester holt on nbc that they hold everyone and anyone criminally responsible through the lawful transfer of power. they're going to hold him accountable. how does that sound now given the post-new report that the doj is asking witnesses.

that's why it said, hold anyone responsible for the lawful transfer of power. >> it's great to be back with you of course. we have seen a steady escalation of garland's language without revealing grandeur secrets, or prosecuting ethics, he is trying to signal the seriousness of the doj's investigation. , look i've known the guy for over 30 years, he is a human being like any of us. and he is getting hammered by the 16 committee, it is not just the rhetoric, it is the action of the january six committee. you've got this dynamic da, down an lana, fanny lewis, she is moving. so garland sent that signal to lester holt. that is, i believe, a specific reference, as specific as we have seen to donald trump. >> you think the peaceful, to interfere with the lawful

transfer of power, you think that is, again, why does that stand out to you? do you think that's the strongest language he's used? >> is the most specific language he has used. and it's the most pointed at trump, because trump was above all, at the top of that pyramid of folks who we now know from the january 6th committee were attempting to interfere with a peaceful transfer of power trump was at the top i think those remarks were a signal and. it was followed by the post reporting. >> ali, merrick garland says a house criminal referral would necessarily affect the doj's january six probe. committee member jamie raskin found that encouraging what do you think that means? >> i agree with both of them, don. i think merrick garland is absolutely right that a criminal referral from the committee is pure politics, as zero impact on doj or any prosecutors. a referral does not require the doj to do anything. doj does not need anything from the committee in order to

investigate. in fact, according to the new reporting, they are investigating and they are investigating donald trump. so that is absolutely right, by merrick garland. and you mentioned jamie raskin. it is interesting he was on early with derek barnett. i was onset with her. and it seems quite clear to me that jamie raskin saying the same thing, that he believes a criminal referral will not help merrick garland maintain the veneer of impartiality, and will not be productive in anyway. so it actually seems to me that they're on the same page. and as a former prosecutor, i concur. >> merrick garland, i think, for me the most important thing that stood out, he seemed to say that it doesn't not matter if donald trump wants, again does not matter if he runs again former president of the united states. again, reentering that no one is above the law. he used, norm, the term without fear or favor. >> while, so don, that is what a prosecutor supposed to do, without fear or favor. >> but everyone is thinking it is never going to happen.

you are never going to prosecute, you may investigate, but you are never going to prosecute, never going to indict a former president of the united states. it is a dangerous precedent. and i thought leicester was very specific in his language by asking that, i thought he was process. and i thought merrick garland answer the question, he said none of that mattered. that's what he's saying. but whether he does it or not is a different story. but i thought that was significant. >> well, you and i have talked about this on and off the air. and so have elie and i, for months, that the evidence is there. and you know, you have to sometimes, logic does apply, right? there is a mountain of evidence. there are two federal crimes that have already been found likely by a federal judge, conspiracy to defraud the united states and obstruction of an official proceeding in congress. how could garland not investigate, particularly after this owing well humbling presentation, the eighth hearings of the january six committee, and frankly, i think

is feeling the heat from da willis. >> do you want to weigh in on that, elie? >> yeah, i agree with merrick garland in part. by also dissent in part. he is absolutely right to say that donald trump is a former president, or perhaps a future candidate, has no bearing, it does not put him beyond the reach of prosecutors, in particular, doj. however, here is where i disagree. we have to live in reality. prosecutors have to live in reality. and if donald trump declares his candidacy tomorrow, the fact of the matter is it becomes a much more difficult target for doj. why? because an indict -- look, we are an investigation now. we know that from the washington post reporting. it is a major, major step from investigation to an indictment and it is another massive leap from indictment to conviction. so, if we are talking about somebody who is a declared candidate, perhaps even the nominee, by the time this thing gets the trial, if this case gets indicted tomorrow it's not. but if it gets indicted tomorrow, we are not going to have a trial until it's 2024, realistically. good luck getting a jury unanimously, 12 zero, this is an election, this isn't

majority rule, 12 zero to find beyond a reasonable doubt that a guy who is a front runner or a nominee in early 2024 is guilty of a crime. i'm not saying it's impossible, but they are making their task harder on themselves. >> yeah, i think in this case they have to do something, considering the egregiousness of what happened. but that's just what i think. also, the former acting defense secretary chris military called told the 1/6 committee that trump never gave him in order to have 10,000 troops ready to deploy at the capitol on january 6th. this contradicts what trump has previously said, that he had requested troops. how significant is that, norm? >> well, this is an individual, this is why i have to disagree with elie about getting a conviction against trump. this is an individual who the washington post found lied over 30,000 times. are you really surprised to learn that he did not give this order with 10,000 troops? part of the difficulty that

garland has in not charging trump, don as you point out, is the egregious-ness of the behavior. and the incessant lying is an important part of that. and trump has not stopped, he is continue to challenge the 2020 election. elie, that is another reason garland has to charge. da willis is also marching charges, i think, because the offensive conduct is still going on. he is calling politicians, who are in power in the states, to get them to overturn the 2020 election. so i think, after this week, the prosecution train is rolling federally and in georgia. >> and what is to stop the next guy from doing it, elie honig, respond to that and what norm just said? >> do not get me wrong, i'm not saying garland or will it, should he not charge, i'm saying now that they have both wasted a year and a half, and only now are we seeing investigations really round

into any type of form, be realistic here, you have to be realistic, you have to think about this. how is an indictment going to go, if it is dropped in 2023? i don't think anyone realistic thinks anyone is gonna be guiding donald trump in the next couple months. why is a trial going to happen? 2024. you are not going to ask a jury about good bat, it's not about whether dole trump has lied or not, it's about reality of getting 12 jurors unanimously in fulton county, you're going to have trump jurors on that jury for sure as a new mathematical certainly. and in washington d.c., even as heavily blue as it is, is very likely you have some trump jurors in there as well. you are going to get all 12 of them to find him guilty behind a reasonable doubt -- >> i can't wait for it >> i'm not saying he should be -- indicted >> i can read on's thinking. elie, i know your cynical new yorker, and i know this is not going to happen. >> i live in reality. >> go on. >> well,, ali, of course all of those are challenges.

by the way, we do not know that fani willis won't indict. she has a keener sense of the calendar. we cannot be sure that she won't move this year. she is, as you know, she has issued 16 target letters. so she is on the rocket docket. but there is a higher principle here. and i have faith in these jurors, and of course, you know well, both of us have done this in front of juries many times, you strike the ones with bias. i have faith in those jurors who raise their right hand and swear an oath, or affirm, that they are going to follow the law and the facts where they lead. and i think it would be a betrayal of the idea of america if you had a president, ali, that evidence is so overwhelming, if you had a president who could escape when any other american could be charged, federally our state. and because of an election we did not move against him. and i will tell you something else, merrick garland is not going to let politics affect him one way or the other. >> that was norm's closing statement, and what is your

closing statement, quickly please, councillor. >> phony willis is on the rocket docket after waiting a year and a half, let's start with that. and again, don't get me wrong, i'm not saying he should not be charged, i don't know why we keep going back to this false argument that i am not making. i'm making the argument that here we are in the middle of 2022, if you are going to charge donald trump soon, you have a massive, up the hill climb in order to convict him, that is what i'm saying. >> we did not say that. we are just saying that we have more faith in our justice system then you do. that is all we are saying. [laughs] >> i have plenty of faith, but also no human being sit in that jury room. >> he should be in the studio defending himself better. >> you read my mind, because you didn't come in. >> thank you elie, thank you norm, i appreciate. nice to smile a little bit with some serious news, i appreciate you guys. former vice president mike pence trying to dance around just how closely he still stands with his one-time boss, despite that whole hang mike

pence thing. we are going to discuss that next.

big game today! everybody ready? alexa, ask buick to start my enclave. starting your buick enclave. i just love our new alexa. dad, it's a buick. i love that new alexa smell. it's a buick. we need snacks for the team. alexa, take us to the nearest grocery store. getting directions. alexa will get us there in no time. it's a buick. let's be real. don't make me turn this alexa around. oh my. it's painful. the buick enclave, with available alexa built in. ask “alexa, tell me more about buick suvs.”

in order for small businesses to thrive, they need to be smart. efficient. agile. and that's never been more important than it is right now. so for a limited time, comcast business is introducing small business savings. call now to get powerful internet for just 39 dollars a month. with no contract. and a money back guarantee. all on the largest, fastest reliable network. from the company that powers more businesses than anyone else. call and start saving today. comcast business. powering possibilities.

so, the former vice president mike pence trying to distance himself from his former boss with a veiled criticism of wanting to focus on the future. you know, not focus on the 2020 election and the lies surrounding it, but everything else. pence says he sees things the same way as former president trump. so here to discuss that and the future of the gop, cnn political commentator alice stewart and former congressman charlie dent. good evening. let's talk about the gop, okay? alice, listen, this is what the former vice president had to say when asked about the divide

between him and his former boss. watch. >> so, i do not know that our movement is that divided. i do not know that the president and i differ on issues. but we may differ on focus. i truly do believe that elections are about the future. and it is absolutely essential at a time when so many americans are hurting, so many families are struggling, that we do not give way to the temptation to look back. >> okay, alice, is he saying, except for that part where you sick that mob on me, i am still maga with you. is this not being critical? >> look, he is 100% correct in terms of the republican party, conservative, are united on policy and the policies that unite us. the separation and division is how we are going to use that moving forward, and who is going to carry us forward with that. and pence made it quite clear

that they agree on policy, but not on focus. look, you cannot find two more polar opposite people then mike pence and donald trump. but they came together, united to campaign and govern this country. that came to an abrupt halt on january 6th, as pence was let let out of the capitol to fight donald trump's war. and what we saw today clearly was mike pence making a very strong case for looking to the future and focusing on policies and not looking to the past. whereas donald trump never once mentioned pence today in a statement. he talked about crime, he talked about immigration, but he also taught did touch on his nonsense about the fact that yet again he won, which he did not. and saying that the january 6th hearings where about the democrats attempts to tape came

away from continue to serve the american people. >> oh, god. >> that's not true. they agree on policy, just how they go about leading is where the difference is. >> you're very good at what you do, alice. it sounds sweet that mike pence was speaking out of both sides of his mouth. charlie, are you buying what alice is saying? >> i think i have to say i disagree with my friend alice on this point. look, to say that mike pence agrees with donald trump on all policies, you know, is no way to run a campaign against donald trump. you have to draw a hard contrast. i remember the old mike pence, who was a budget hawk, a free trader, a man who won it entitlement reform, all sorts of things that donald trump does not want or is against in many cases. so, i am trying to figure out where mike pence is now. there was the old mike pence, there was the trump mike pence, when he was vice president, and now they're the new mike pence. so i'm just trying to figure this out. i do not think they do agree on policy, and if donald trump and mike pence run against each other, i am sure trump will draw the contrast. he will talk about how mike

pence wants to cut medicare. he will say things like that, even if it's true. he will say things like. that he will also talk about trade differences. he wants free trade, trump's for protectionism. i don't think they agree. and for mike pence to stand up there and say, we agree on everything except that thing that happened on january 6th. even though they tried to hang the, hey, i'm still good with them. i mean, how does that work? >> it is clearly not to going to be a binary choice for the gop nomination in 2024 with pence and trump. if trump announces, which he looks like he may, there are many, many people -- >> alice, don't you think it makes him seem weak? why not stand there and say look, i disagree with donald trump. donald trump tried to get me to defy my oath. he tried to get me to do the opposite of what the constitution says. and as a republican, i cannot do that. as a conservative, as a principled conservative, i cannot do that. now, we may agree on some

policies. but as far as that, he is wrong. and what i did for the american people and for the country on january six was the right thing to do and i will always disagree with the former president. why can't he have the fortitude to say something like that? because that makes him seem weak. >> look, the bottom line is is what today was was an opportunity for both of them to speak to the base. clearly, pence wants to do what he can to keep trump's base on board. but the key is we have to grow from that. we cannot just have trump's base. we have to grow from that. and in order to do that, we have to make sure we do what we can to focus on policy. and look at how we can and deliver the same policies and ideas without all the chaos. there are many people out there, i can give you a long list of people who can deliver the conservative policies without the chaos. they can look at how we can -- >> i don't disagree with you on that. i don't disagree with you on that. but people say there is a long list of conservatives who are doing this, not just once you

see, pretty much, the kinzingers, and the cheneys of the world, who are actually in politics, now standing up and saying that. i think if more people said what you said and said it emphatically in front of cameras, i think that that might actually convince some people that they actually mean it. take a look at this poll, charlie, this is a new cnn poll. 44% of republicans and republican-leaning voters still want trump to be on the 2024, to be the 2024 gop nominee. 55% want someone else. but here is the thing. that minority may be enough for trump to secure the nomination. is there any way that he is not the future of the gop right now? >> yeah, i think there is a way. but we have to very much limit the gop primary field. the more candidates who jump into the presidential primary against all trump will accrue to the benefit of donald trump. because the anti trump vote would split many ways. right now, it is suggested that 44% want him. but against one or two other

opponents, i think somebody else could breakthrough and beat donald trump in the primary. but, if we have a whole cast of characters, six, seven, eight, maybe ten republican candidates, donald trump just love that. because his base is big enough to get that plurality first across the line. and by the way, just on mike pence, to me, when i listen to that speech today, he sounded like trump lite. i mean, really. >> he's not being anywhere nearly as mealymouth, milk truck trump, that will never get him anywhere. >> again, there are many other republicans, we can just look at ron desantis, tim scott, nikki haley, you have ted cruz, tom cotton, a long list of republicans that are ready to step in there. >> but they are all trump acolytes. cotton is saying he got criticized by kinzinger today because he is saying he did not watch the january 6th hearings. they are all defending trump. they are all trump lite as well. >> john, when you run a campaign, i run 13 campaigns, and when you are running against your opponent, you have

to assume your opponent is not benign. and you have to really draw a sharp contrast and go at them aggressively. that is how you defeat them. you do not see how much you are like your opponent. then why vote for me then? if we are the same, why would you want to vote for me? how you have to explain the difference. you have to explain you want to fire your opponent, trump, and then hire mike pence in this case. >> alice, one last word. >> one last thing, in the cnn poll, we're looking at the gop numbers. i think a disturbing number out of this pool for democrats is that 75% of democrats said in this cnn poll that they do not want joe biden to be the nominee. >> that's true, but that is a whole other segment. >> that's a whole other segment. >> we're talking about pence right now. thank you both, i appreciate it. the indiana doctor who helped a ten year old rape victim have an abortion is speaking out tonight. now, she says she feels threatened and is warning about the consequences of a post-roe nation. nurse mariyam sabo knows a moment this pure

demands a lotion this pure. gold bond pure moisture lotion 24-hour hydration no parabens, dyes, or fragrances gold bond champion your skin blendjet's summer sale is on now! cool off with this hot deal on blendjet 2. it packs the power of a big blender on the go, and it crushes right through ice. just drop in your favorite ingredients, even frozen fruit, and make a smoothie any time, anywhere. blendjet cleans itself. just add a drop of soap, water, and blend. recharge quickly with any usb port. order now on blendjet.com and kick off the new year right! [sfx: stomach gurgling] it's nothing... sounds like something. ♪ when you have nausea, heartburn, indigestion, ♪ ♪ upset stomach, diarrhea. ♪ pepto bismol coats and soothes for fast relief... when you need it most.

for people living with h-i-v, keep being you. and ask your doctor about biktarvy. biktarvy is a complete, one-pill, once-a-day treatment used for h-i-v in certain adults. it's not a cure, but with one small pill, biktarvy fights h-i-v to help you get to and stay undetectable. that's when the amount of virus is so low it cannot be measured by a lab test. research shows people who take h-i-v treatment every day and get to and stay undetectable can no longer transmit h-i-v through sex. serious side effects can occur, including kidney problems and kidney failure. rare, life-threatening side effects

include a buildup of lactic acid and liver problems. do not take biktarvy if you take dofetilide or rifampin. tell your doctor about all the medicines and supplements you take, if you are pregnant or breastfeeding, or if you have kidney or liver problems, including hepatitis. if you have hepatitis b, do not stop taking biktarvy without talking to your doctor. common side effects were diarrhea, nausea, and headache. if you're living with hiv, keep loving who you are. and ask your doctor if biktarvy is right for you. in three seconds, pam will decide... i'm moving closer to the grandkids! wait. i got to sell the house! don't wait, just sell directly to opendoor. easy as pie. piece of cake. whichever. when life's doors open, we'll handle the house.

this is xfinity rewards. our way of showing our appreciation. with rewards of all shapes and sizes. [ cheers ] are we actually going? yes!! and once in a lifetime moments. two tickets to nascar! yes! find rewards like these and so many more in the xfinity app.

the indiana ob/gyn is under investigation after providing abortion services to a ten year finally speaking out, doctor caitlin bernard telling cbs that things have been very difficult since her own state's attorney general announced that she would be investigated. listen. >> have you felt threatened? >> yes, yes i have. and it, you know, shows how, you know, abortion, instead of being part of health care, which it is, i needed lifesaving procedure, which it is, has been used to create a wedge between people politically and personally. >> indiana's attorney general todd markey to describe you as an abortion activist acting as a doctor.

how do you respond to that? >> i am a physician. i spent my entire life working to have this position, to be able to take care of patients every single day. >> let's talk about this now. doctor tracey wilkinson, assistant professor of pediatrics at indiana school medicine. she's also calling of dr. caitlin bernard. we are so glad you are here. it was a fascinating interview over at with nor o'donnell at cbs news. an attorney for dr. bernard telling cnn she reserve the first notice about the investigation of india's attorney general today. we know doctor bernie nord has faced threats throughout her career as she performs abortions. but this has to be on another level for her. how is she doing, dr.? >> you know, dr. bernard is so strong and we are so excited that her voice is out there with all of us, given her expertise and extreme commitment to comprehensive health care for her patients. >> yeah, you know, there is more from this interview i want to play and get your response,

and we'll talk about after this. here it is. >> how would you address concerns by conservatives, those were deeply held religious beliefs, that abortion is a moral and wrong? >> what i would say is if you don't believe that you would have an abortion, then don't have one. you cannot stop other people from accessing medical care that they need, based on your personal religious beliefs. >> i mean, that seems pretty simple, like common sense. why is it so hard for people to understand this about medical care? >> yeah, you know, we have been asking for this for decades. we are appreciate if politicians would stop legislating amid medical care. and they have been attacking and legislating abortion care for decades. >> but it's also, excuse me, doctor, it's not just politicians, it's also religious people, because this is about medical care. it is not about religion, it is not about as you said politics,

this is about medical care. so it interrupt. go on. >> no, i mean, i would say that there are many different religions in this world and in this country. and even in the state of indiana. so, you can just pick one religion and legislate based on that. and what we should be committed to is allowing patients to have these decisions in their hands and not in the state house. >> protests in your own state, indiana centers passed an amended abortion bill today that bans nearly all abortions. it has some exceptions, for example, for rape and incest. victims over the age of 16 get eight weeks to have an abortion, girls under the age of 16 would have 12 weeks. you testified against it. tell us why. >> you know, we anticipate some sort of legislation coming out of the state of indiana, but this is an abortion ban. and today, the amendments that were added to this legislation make the exceptions just

basically on paper and not in practice. when you have exceptions for rape and incest, and then layer on top of that time deadlines where these decisions must be made for no other reason, no medical reason for these deadlines, it basically makes it impossible for these victims to access compassionate health care in a way that everybody should be advocating for. >> doctor wilkinson, thank you again for appearing on the program. and are all regards, give our regards to dr. bernard. thank you. >> i will. >> i thank you for speaking for her, thanks. so, she is facing up to ten years in a russian prison for drug charges. now wnba star brittney griner will testify at her trial.

this is john. he hasn't worked this hard to only get this far with his cholesterol. taken with a statin, leqvio can lower bad cholesterol and keep it low with two doses a year. side effects were injection site reaction, joint pain, urinary tract infection, diarrhea, chest cold, pain in legs or arms, and shortness of breath. with leqvio, lowering cholesterol becomes just one more thing life throws your way. ask your doctor about leqvio. lower. longer. leqvio.

hey, did i tell you i bought our car from carvana? yeah, ma. it was so easy. i found the perfect car under budget too! and i get seven days to love it or my money back... i love it! [laughs] we'll drive you happy at carvana. bubbles bubbles so many bubbles! as an expedia member you earn points on your travels, and that's on top of your airline miles.

so you can go and see... or taste or do absolutely nothing with all those bubbles. without ever wondering if you're getting the most out of your trip. because you are. ♪ ♪ ♪ ♪ ♪ "shake your thang" by salt n pepa you said you'd never get a dog. you said you'd never do a lot of things. but you never knew all the things a dog could do for you. and with resolve you never have to worry about the mess. love the love, resolve the mess.

so we need something super distinctive... dad's work, meet daughter's playtime. thankfully, meta portal auto pans and zooms to keep you in frame. and the meeting on track. meta portal. the smart video calling device that makes work from home work for you. so, we have news tonight on the brittney griner case, the wnba star on trial for drug charges

in russia. her lawyers say that griner will take the stand tomorrow in her own defense. the two-time olympic gold medalist was in court today, where her defense team present testimony from a narcologist, who testified that the cannabis oil found in her luggage back in february was likely intended for medicinal purposes. and telling the court it is a popular treatment for athletes in many countries outside of russia. brittney griner pleaded guilty to drug charges a few weeks ago, and she faces up to ten years in prison. her guilty plea and her testimony tomorrow are likely to seek a more lenient sentence. we will continue to report, and see what happens according to tomorrow. the reporting from washington post tonight, the justice department look at the actions of trump itself in its january six criminal investigation. we've got all the details, next. tart my enclave. starting your buick enclave. i just love our new alexa. dad, it's a buick. i love that new alexa smell.

it's a buick. we need snacks for the team. alexa, take us to the nearest grocery store. getting directions. alexa will get us there in no time. it's a buick. let's be real. don't make me turn this alexa around. oh my. it's painful. the buick enclave, with available alexa built in. ask “alexa, tell me more about buick suvs.” in three seconds, janice will win a speedboat. bingo! i'm moving to the lake... gotta sell the house... ooh! that's a lot of work. ooh! don't worry. skip the hassels and sell directly to opendoor. bingo! when life's doors open, we'll handle the house. blendjet's summer sale is on now! cool off with this hot deal on blendjet 2. it packs the power of a big blender on the go, and it crushes right through ice.

just drop in your favorite ingredients, even frozen fruit, and make a smoothie any time, anywhere. blendjet cleans itself. just add a drop of soap, water, and blend. recharge quickly with any usb port. order now on blendjet.com and kick off the new year right!