good evening, everyone, this

is "cnn tonight." the january 6th committee wants donald trump to face criminal challenges. a source tells cnn the committee is expected to ask the doj to pursue at least three criminal challenges against president trump. they are con spirty to commit fraud, and insurrection. we will talk about what all that means. plus, tonight, american tourists are stranded at machupicchu. we will talk to an american who is running out of medication. we will tell us if there is a plan to get her out. and what does the term free speech mean to you? it's become a weapon in the culture war? what does it mean? what does it mean online or social media? does elon musk get to decide? the fanl has thoughts on all

that. first, the new developments on the january 6th commit any. we have with us, john miller, cnn chief intelligence -- you have a long title there. >> a lot of people have a problem with john miller and all the stuff -- >> and john avalon and cnn legal analyst jennifer rogers, that is an easier title. jennifer, let's look at the three charges they are considering, obstruction of an official proceeding, conspiracy to defraud the federal government, insurrection,which is the hardest to prove? >> i think the insurrection. it's so rarely charged. what does insurrection mean? that probably comes in play, and also the one that carries the penalty that you can no longer have an office for the united states if you are convicted of that, so that is attractive ity to the dov. >> one more question, now what?

if the committee sends it over to the doj, does it move the needling of the doj? how much of an impact does the committee's referral have on them? >> the referral, not much. the evidence, not much. the committee did an incredible amount of work gathering evidence. so they will be happy to get the transcripts and evidence. i don't think they will pay too much attention to what the committee suggests they do, except in the following way, if they are very, very specific about these are the crimes we propose. these are the pieces that support each of the elements beyond a reasonable doubt and that is something the doj will say, okay, your smart people will take it. that will help us sift through all the thousands and thousands of documents, et cetera. if it's more vague than that, they have to go through it themselves. >> we will find out definitively

monday, the criminal charges they are going to make. the polling is interesting. the latest polling on this i think is very interesting. we have been listening to the hearings for a long time. it's been obviously more than a year, and yet, in terms of the latest poll, the views on january 6th for democrats, 90% say never forgetten, and 8% say time to move on. and december 14th, 2022, 61% of americans are following it very closely or somewhat closely. >> there was an act from a president to keep himself in power. there are some things you don't put up to a poll. there should be something that goes well beyond partisanship. this is an attack on our country, the democracy, and the

constitution. we make this mistake all the time. we think it's divided in republicans or democrats and it's not. stop saying we are deeply applauded. let's apply it. >> agree to disagree. >> this ain't that. the charges they are contemplating are very serious. the laws that date back to the civil war days when they were put in place so they wouldn't happen again. >> john, we don't know if the doj will choose to charge, or if donald trump can be convicted. the people to engaged in the insurrection heard what they thought was a command.

they heard on incitement for disruption. whether or not they can prove -- there might be a disconnect what they heard and what president trump said. >> that is interesting. they heard in the speech, go down and give them hell and they marched down the street. we heard now in the oath keepers trial where the head of the oath keepers is texting people, we are waiting for people whether we should call in the armed team from virginia, and you will also note in the same stack that when president trump tweeted to them stand down and go home, they did it on a dime. so there is an element of command and control. you have jack smith who is doing it in a very -- his own locket docket. people are called in grand juries. things are brought to court and said this stuff has to be turned over. rulings are happening.

this is going very quickly. he's off and running, and i think when you look at him calling in witnesses like steven miller, the president's speech writer who is part of the ideological machinery behind this entire movement, they're going to be asking questions, who were you talking to that day? who knew what? when did they know it? who was following instruction. >> we heard from the january 6th committee, they took the fifth when they were compelled to testify. and they are different levels -- there are others that carry more weight. that is happening right now, but what is clear, there needs to be a degree of accountability, and that's the real question. i think we confront as a nation. >> there is also a very different mechanical piece there, and i will defer to jennifer rogers. but the last time we did this, donald trump was the sitting

president. the department of jus ditice sa that you can incite all you want but a president can't be charged. and there is an awkwardness they were investigating the president. none of that is happening here he is a former president who is chargeable. the attorney general is not working on the investigation. how does it make it different from the last time? >> it actually happened. there is no way that will barr is going to allow muler to indict trump, even if he said he wanted to do it any way. we don't have that here. i think that garland probably put jack smith in there, even though garland still has the veto power. he will make the final decision. i don't think he will here. i think he will go with jack smith here. he's there to make cases. >> jennifer, one of the interesting things is donald trump, as we know, says two

con contradictory things at the same time. big protest, january 6th, washington, d.c., be there, will be wild. one of the things he said to the crowd -- some of them in tactical gear. however, one of the things he says, i know that everyone here will soon will marching over to the capitol building to peacefully and patriotically make your voices heard. so -- can he say in a defense, i told them to be peaceful and patriotic. >> listen, he is always going to throwing? in there to help. and they send tweets saying go home, be peaceful -- >> to get the country back, we have to fight like hell. >> what the doj is very good at is telling the story. they will say this is the conspiracy. yeah, he threw things in there to apiece people, and there are a goal here, and really, every step he is going --

>> sounds like the opening. >> and people are hanging their hat on that word peaceful. read the rest of dlaus just that senn tans. >> -- >> no, he said i know many will be marching on the capitol. march like hell. >> trump didn't -- >> he said fight like hell. march on the capitol. he said get rid of the magnetometeres. they are not going to hurt me. >> from the committee to say something that the doj -- >> it's going to be the witnesses the people that were in the room with them. the people that the committee didn't get to, the people who were in the room with them, saying this is what we're doing this is what we have to do next.

what are we going to do about pence? how all the people -- that is the testament -- >> that is interesting, there are criminal referrals, and mark meadows, john eastman, rudy giuliani. you think that one of those is spelling out the conspiracy. >> there are different strands here. even the people you named were part of different strands here. eastman is giving advice about what pence can did, and giuliani, and meadows is calling people in the state to try to get the legislatures on board. they all have different pieces of the plot and they are going to put it together -- >> all of those people are getting subpoenaed. the election officials in bat ground states are getting ed. this is a shotgun approach to

the violation. >> we have to remember, the case is unfolding for a long time. we get more and more interception. now the work is coming to an end. we will get culmination can new evidence monday and finally wednesday. don't forget how historic this is. there's nothing like this in american history where you have a sitting president trying to overturn an election on the basis of a lie inciting a knob attack the capitol to disrupt a constitutional proceeding. that's the lens we have to keep in mind. we have to think way behind citizenship. >> we will see monday what they have to say and what they come up with. thank you very much. meanwhile, dozens of americans are stranded tonight in machu picchu. and they are running out of medication and food. we will talk to one of the stranded touists about how she

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. . hundreds of tourists including many americans are stranded in the ancient city of machu picchu tonight and apparently running out of food. it's a very remote area, and train service has been suspended because of violent protests in peru. at least 20 people have died. people tell cnn they are in touch with some americans there. joining us now is katherine martuzzi, a tourist countly stuck in peru. thank you very much for being with us. what is the plan, have they told

you how you will get out of there? >> well, we were medically eval evaluated this morning. if you were a certain age and on medication, you were prioritized oz category one. we didn't hear anything the rest of the day and however, we were told this evening and some of the group members got an email from the state department that we would be -- priority number one would be evacuated some time tomorrow by helicopter. what we know is there are four helicopters. we do not know the capacity of the helicopters and we do not know if they are making more than one run. >> so, katherine, all of that is nerve-racking, i can imagine. you are one of the tourists who is out of medication. you were told you were going for two days. which is a typical amount of time to get up and down from

machu picchu, so you packed lightly. how dicey is your medical situation today? >> it's not light threatening but the withdraw from the medication itself has challenges. so to abruptly stop takes this medication is an issue. i don't have anymore. i do have some in kunfo. and some of the members have hyper tension and they were able to get their medication here in machu picchu at the hospital. >> we heard that some of the restaurants ran out of food, what is it like there? >> well, we have food. we are well fed. however, one of the restaurants

the tour group contracts with is out of food and we expect more accompli establishments to run out of food as time goes on, and you said, the only way in here is by that rail, and that rail is ro privately owned. it is not owned by the government so they can do what they want, and their message to us today via email, their website, was that out of an abundance of caution for the employees and the passengers, they did not know when they were going to be getting the -- many people are walking out about an eight to ten hour hike. >> wow. so you -- i mean, that's not for the faint of paint, farley through that terrain. as you are speaking, we are

looking at beautiful pictures of match chew picchu. we went there three years ago, for new year's eve, and i know how remote it is. and how beautiful, but you feel you are away from civilization when you are in that little town where you are. it's remote. >> it's very remote. we are extremely lucky that we have internet. we have cell service. i'm very surprised. but don't forget that machu picchu the town exists, as you know, specifically for the tourists that want to enjoy machu picchu. >> yeah, so katherine, let in ask you this, even getting a helicopter in there seems dicey. as you know, the weather moves in there, and it rains and the clouds descend and the visibility is low.

how nerve-racking has all of this been for you? >> the lack of information and the sort of, well, maybe this, maybe that is very frustrating. we have been very well treated. today, we were about three to four hours wait for the doctors to evaluate our medical priorities and we heard -- one of the groups, in the afternoon, she said there are hundreds of people lined up waiting to be evaluated. >> yeah, it's -- it's not ideal, and it's certainly not you expected when you booked your machu picchu trip, go ahead. >> i have to say, if we were two days later, we would have been stuck in machu picchu not having seen machu picchu because it's

closed. >> well, yeah, that's a silver lining. i'm glad you were able to make it to the top. it is such a special place. we are hoping you can get out of there tomorrow and we will check back with you to make sure you are okay. >> yes, ma'am. >> best of luck, hang in there. >> thank you so much, allison. thanks for having me. >> thanks for being on. >> we're back now with john miller, john avalon and niera from the state department. what is the state department's responsibility when americans travel in these areas. >> they had it as a level three, reconsider travel. >> it's sudden, right? they have it now at level three. but i don't know if they planned their trip -- you plan your trip six months in advance. >> i highly recommend that anyone considering travel overseas register for what is called a step program. you will get alerts when you are in country or about to travel

and it allows the local stioffi to know, and if they have disaster or political unrest, they are make an effort to contact you and find you and let you know what to do, and some of it, the united states is not trying to take overseas and an awareness, when we are traveling, we are taking risks and i'm glad to hear that katherine is safe and sound. many of the towns are designed to katcater to tourists and i w mention, i have been stranded in c katmandu, and it had one runway, and it was eight days where my mother and i sat around a hotel. >> the runway was not open for

eight days. >> it's only one runway, international flights. we did contemplate to driving out of the mountains and we are like, we're better off where we are. >> john, do you have a travel nightmare story you want to share? >> not involving sort of coups and a shutdown. the interview you just had, obviously, the americans are stranded there. everyone is stranding there. it's a reminder when the stability that we take for granted in the united states falls apart. not just in peru, in arch argentina -- >> yeah, and politically speaking, isn't it -- based on what we just talked about in the last segment, in terms of the insurrection here, they have having a coup because their president was corrupt and was, you know -- >> tried to dissolve parliament.

>> yeah, and he was impeached. >> and other countries have travel warnings about the united states. new zealand, ireland, japan, they caused us a gun crazed culture. said there are frequent shootings out there. it's a matter how you approach it. >> in peru, there is an ambassador trying to figure out what do i do with the americans? there are other americans in bad positions there, every embassy has a person called the rso, the regional security office, and that is usually a special agent of the diplomatic secure service. >> and that is who they are -- >> they will get the chopper after him. >> the rso is trying to figure

out between local military assets, how do you get the people out? and is that going to be a chopper where you with take four team? do they have chinooks where you can send four in and get 100 out? you brought up weather. there are challenges there, and this is when the state department goes in a contingency plan they think about a lot. >> thank goodness for them. >> up next, a happy ending, the american college student has surfaced more than two weeks after he was reported missing in france. where has he been for two weeks? and what is ththe government's responsibility? and what should parents know before your kids study abroad, next. it could be you! wow. really? of course, you'll have to eat your greens, watcyour stress, wear sunscreen...

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that american student reported missing in france more than two weeks ago has been found safe in spain. thank goodness. we are all sleep easier tonight. the family of kenny deland jr. says in a statement, we received a call from kenny in the early morning hour. kenny is in spain and carol, his mom, is in france, preparing to see kenny and hopefully bring him home for christmas. the family had been searching for him since hearing from him november 27th. he was reported missing by fellow students november 29th. the family has not said what kenmy told them about where he has been and what he is doing. joining us, john miller, and

errol lewis, and nayya, and errol, you said, he is probably traveling around europe, and i thought you were wrong. you were right. >> i had some experience with this in my 20s. you get a euro rail pass and you can ride any where on my train in europe pretty much for free. so you get around and one trees to see a little bit of the world. >> yeah, but that is before cell phones. i did it too, and your parents are not expecting to you check in every day. this was strange. he had checked in every day for weeks and he went dark -- >> it sounds like a heck of a trip. call your mom every day. is that the way i see europe? maybe he needed a little freedom. >> maybe. and to be honest -- i love that you are wearing your rose colored glasses.

we don't know what happened. nothing nefarious, but we don't know if he was having an emotional issue, and we just don't know. and the media did find him. because places like cnn covered it, he saw himself and he realized he was in trouble and called home. i mean that's what you want to have happen. it worked and you have to get an explanation. >> it would be, and this was a low priority for the mpolice in france. they saw it he is 22 years old. he can go do what he wants and he seemed to have left on his own accord. and from the french perspective, let us know if something happens. the fbi, they were kbcommunicatg with the buffalo pd and rochester and the family. but the frontal cortex in the

male being is not developed until you are 25 years old. so it means so much of the decision making is hampered. >> he went off and he forgot to tell people. >> let me complicate it a little bit. people run away and go off the grid, people who say he is not acting normal. you are escaping normal. was it he went to france? he said my french isn't good enough. i'm not making friends. did he get off the grid? and the things you spend the money on. i'm dialing out of it or do you just take a walk and say i'm going to try something else? this is the thing that makes parents say things like thank god you're okay. when you get home, we're going to -- >> you're grounded.

>> that raises a point, it's holiday break for millions of college kids around the country, and in a few weeks, many of them are going to go off to semester aboard. when american kids go off to semester aboard, what is the responsibility, once again, of the state department, the fbi? i mean, who does keep the kids safe behind their own frontal cortex? >> that is part of the challenge. you're an adult at 18. when i was a college student, i thought i was mature and res responsible. and i probably could have done better communication with my parents. there is that challenge that we wrestle with. and they are -- the interest is in protecting the safety, security and the interest of the americans aboard. it's birther i certificates, it

not a 22-year-old man who seems sound mind, and a missing person's report, they don't necessarily share the same information unless they think there is something nefarious at stake. it's not despite the parents' concern, overall the highest risk situation. so i think the family is lucky that the fbi was indeed involved in this scenario. that strikes me as unusual. i i'm in the errol camp in seeing that. it's difficult when a young people go off to college and don't make the best of decisions. >> i just wish he checked in with his parents. what we know, they were scared and we all were scared. sometimes they don't have the best ending. >> my kids go off the grids, i'm pulling out all the stops. we will figure it out later. >> thank you very much. free speech is being weaponizized in the culture e w

and it's all playiying out righ now on elon musk's twitter. but it's bigger than that. what was does free speech mean these days? who polices it? we discus it next. vicks vaporub's ...micated vapors go straight to the source . ...so you can reeve your cough to breathe easier. vicks vaporub. fast-acting cough relief. ugh, this rental car is so boring to drive. let's be honest. the rent-a-car industry is the definition of boring. and the reason can be found in the name itself. rent - a - car? you don't want a friend. you want the friend. you don't want a job. you want the job. the is always over a. that's why we don't offer a car. we offer the car. ( ♪ ) sixt. rent the car.

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elon musk claims he's a champion of free speech. but why did he ban journalists

from twitter? what does free speech mean? we have more joining the conversation. here is an example. this is what elon musk tweets. this is a battle for civilization. if free speech is lost, here in america, tyranny is all that remains. john, does free speech mean the same thing on social media as the first amendment? >> no, free speech is that congress should make no law to abridge free speech. it is protecting government interference. and this is another case where the technologies are outpacing our laws. but the culture war pol

politiization, and what is happening, it's banned by people on the right. >> absolutely. his deaf nation of freedom of speech, it's sub jejective, of course, and it doesn't mean that he does something against him, and online and social media, what does free speech mean? >> free speech means you can say anything that is not illegal, and if you want to say something, you shouldn't be banned from a social distmedia. if you are a user, do you want to use that platform? should you have a right to say whatever you want. barring that it's not outright or illegal or hate speech. if you get banned for posting a long, and publicly available information, that should not be happening on the platform -- the platform like this, and i think that elon musk may have a user

problem, if people think they can't speak their finds on twitter. >> i want to make a point, it's all about all of us. free speech does mean something different online and on social media, as long as you don't say anything jououtrageous or illeg and people say things out jay rouse all the time. >> this is not the public square. this is a privately owned company, and the guy who owns the company will do whimsically what he wants to do. >> it's on. >> many people, a big part of my life, is on google documents and gmail and so forth. and we don't own that data. whether you way for it or not,

look at the fine print. it's theirs. and we should be clear that the technology has gone in a very different place and bem will go to court and they will lose over and over again if they feel they have the right to their twitter account. access to their twitter account. years after data, and posting they put up to help make other people rich. and i think it will start to fall apart is when it comes to advertisers, who are walking away in droves. they don't like being in an environment with a bunch of neonazis and a capricious owner. >> i get it, but can we have a definition on of what free speech is supposed to be online? or is it just listening to the elon musks of the word? >> we need to coalesce to the common values and the liberal

values, understanding there are people that who are going to be extreme. and a great point. twitter has become the public square, but it's not in fact public, but there are rules. there is no right, for example, in the constitution, free speech, there is no right to yell fire in a crowded theater, right? >> if it's on fire, you can yell it. >> yeah, falsely. we are dealing with algorithms that multiple voices and that is having a real impact on the democracy that we are dealing with every day, that is why it's a complex problem, but an urgent one. we should focus on common values and principles. but you will be creating a sess pool that will degrade democracy. >> we were getting there, twitter, facebook, reddit, they were trying to come up with definitions for things like hate speech, and so that the entire

universe could have equal definitions. >> then what happened? >> well, twitter has peaced out. elon musk is removing content monitoring forum. and elon musk is mia when it comes to being in meetings, when it comes to getting on the platforms. he will say, i care about the values but he is not digging in -- >> he also tweeted out the information. >> the one thing i will say that gives me a little bit of optimism, he has had courts challenge him. you will recall that donald trump tried to block people on twitter. that want to court, and aoc had a situation where she was blocking people. we can actually use the rule of law to fix this. unclear what lawsuits will come out of it --

>> it will be slow going, and to talk about platforms for a minute, it's petrifying, it's horrifying that there is evidence that some young teege garm teenage girl is depressed and looking at suicide -- >> all the time, and anorexia. >> they are seeking the information that will destroy them. a value out of whack, we do have to get control over all that, and whether it takes law or just custom or bad press, all of that -- >> well, i think that bad press is is isn't sufficient. i think that algorithms, the immediate pact on the democracy on the radicalization of people, and what are the common values to more transparency, understanding what the algorithms are feeding people? part of free speech is that people own their speech. but the problem with disinformation and bots is very

well. just the verificatation there i an individidual behind this account. that is a place to start. >> a all right, friends, thank u very much. really interesting and we'll be right back. r cholesterol and promotes healthy blood sugar levels. while its collagen peptides help support your joint structures. so, start feeling lighter and more energetic by taking metamucil every day. [♪] metamucil's psyllium fiber also comes in easy-to-take capsules.

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merry christmas to each and every one. as we celebrate christmas you may wonder if jesus christ can make a difference in your life. you bet he can. that's why he came, to save us from our sins. he came to this earth as a baby, took our sins to the cross 33-years later, and he shed his blood on that cross, and he died for you and for me. but on the third day, god raised him to life. he's not dead. he's alive. if you have never invited him into your heart. if you've never trusted him as your savior, you can do that right now. just pray this prayer with me, just say, "dear god, "i'm a sinner. "i'm sorry for my sins. "forgive me. "i believe that jesus is your son. "i believe that he took my sins to the cross, "that he died in my place,

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good evening. obstruction of congress, conspiracy to defraud the united states, and insurrection are the three criminal charges the january 6th committee may recommend the justice department pursue against former president trump when it meets likely for the last time on monday according to sources who spoke with cnn tonight. obviously it is a big day if and when that occurs after almost 17 months of investigations and public testimony. the committee spent almost a year and a half compiling evidence show casing their