cassidy hutchison as you recall claims in a brand-new book that rudy giuliani groped her backstage at the rally that preceded the insurrection at the capitol. we've got a lot more to come not the president's lawyer, nor congress' prosecutor. with all of this a preview of what's to come next week, when house republicans will launch their inquiry of president biden. plus, two colorado cops going on trial today, in the death of this young man.

23-year-old elijah mcclain who was walking home with iced tea when he was confronted by police. 24 hours later, he was dead. and with all of this, all of the crucial issues we face as a nation, what is the senate battling over? a dress code. i have thoughts about all of that. and i'm going to share them with you tonight. we have a lot going on, with cassidy hutchinson's accusations against rudy giuliani. and the pushback on the attacks of the doj. >> we apply the same laws for everyone. there is not laws one for the powerful, and one for powerless. one for democrats and others for

republicans. our job is not to do what is politically convenient. our job is not to take orders from the president, from congress, or from anyone else about who or what the criminally investigate. i am not the president's lawyer. i will add, i am not congress' prosecutor. >> i want to bring in jay. al also, mimi rocca. i'm glad to have both of you here. we were watching what took place on the hill. he had a hostile crowd. he was defiant, right? he was talking about not being the president's lawyer. not being congress' lawyer.

it's difficult because he is facing criticism after criticism, after criticism, and the pace of the prosecutions. what was your take on his approach to be defiant and the way he addressed congress? >> i thought it was the perfect tone. more merrick garland for the rest of us is calm. he is an institutionalist. he is to the core. i think it backfires to try and make merrick garland look political. it fails. he will defend the core of the department of justice. and the career prosecutors. that's who he is defending. he's going to say, ask david weiss, the trump-appointed

attorney. but the career prosecutors, and the agents, leave them out of this. he is so insere in that, i think trying to paint him as political really fails. one thing i want to point out, doj has a low approval rating. that's your fault. no, that was the goal of donald trump in 2016. even before that. and his goal has been, and the people are helping him to carry it out. to degrade the reparation and the legitimacy of the department of justice. they've tried to do that. >> on that point, it's counterintuitive that somebody holding the president of the united states, would want to take away the authority of those serving under him.

executive branch enforcing the laws of the country. and doj is in that. there's a lot of special counsels here. one of the big issues on the hill today was he didn't have a direct, immediate answer why he elevated david weiss, that oversees the hunter biden probe. didn't have an explanation why t then. it got me thinking. with all of the different special counsels they have, is he walking into a trap, as you laid out, about undernining the power of the doj when he delegates them this way? >> these members of congress were doing it for the gram, right? they were showboating, they wanted some clout. there's no choice he could have

made. had he not say david weiss, why are we throwing out this republican for this other person. he went this way. and i think you can tell, in the way that attorney general gar land conducted himself, he knew this was a political show in a sense. i agree. there was a happiness, an opportunity to state his case. one of his main aboutives was to inject the respect for the department of justice. >> what took place and part of the impetus for all of the complications around merrick garland and the pace of prosecutors, has happened on january 6th and before. there were bombshell revelations. there's a fourth coming back from cassidy hutchinson. she's atueccusiing rudy giulian

approaching her. the corners of his mouth, waving a stack of documents. closing in on its prey.a wolf we have the evidence. it's all here. we're going to pull this off. rudy wraps one arm around my body, closing the space thatas separating us. i feel his sta of documents press into the small of my back. i lower myyes and watch the free hand to reach for the hem of my blazer, by the way, i'm loving this leather jacket on you. his hands slip under my blazer. then, my skirt. of course, she was 24 years old at the time she says this happened. the power dynamic, obvious.

the accusations, repulsive. >> he's said, why didn't she come out with this before? >> the immediate retort. if it happened, she would have said it back then. she couldn't say it then. she was deeply entranched in that administration. she didn't have the freedom to say it. she didn't have the ability to tell the truth until she got a new lawyer. those might be litigated somewhere. but men who abuse power in one way, usually ly abuse it in mor than one way. giuliani has been very good abusing his law license and abusing his power. i credit it. >> you think of bridging that

gap. his advirs, of course, why are we only learning about this now. he's scared to ask why she's just coming out with these allegations as part of the marketing campaign for her upcoming book release. you look at this, jay, and makes the point about. the lawyerly way of saying i believe the person has truth of what they're isaying. there is an impact of what she might have and how you describe this and relate it to other as aspects, where rudy giuliani finds himself under a microscope here. >> it's tragic. i'm a life long new yorkers. i never agreed with rudy giuliani's policies. he gets a pass for some of what he did when he was mayor. he had a moment of moral leadership in this country. and see how far he's fallen.

i wonder if it has an impact. there's so much he did. all of the pressure tactics. a lot of folks are on overwhelm at this point. it's really difficult, to put it in perspective. it's interesting. think about the timing. this is the classic thing of what abusers say. why did she wait so long. that's central casting to come out with that accusation. the timing accusation was relevant of the garland hearings. if this is about weaponizing the department of justice for political gain, he should have indicted trump three years ago. two years ago. why are we having this conversation now? it's because it was a methodical, careful investigation. there were many on the left saying, indict trump now, in

2021. things take time. if you are being diligent, against rudy giuliani or against trump, and say things have to happen on my schedule, that's not how the law and careful jurisprudence works. >> they don't immediately have an impact in the indictments. they believe it's a disgusting why. you can't help question why some only are questioned. so many come out with books. since january 6th and jond. you don't hear the same criticism. both of you, thank you for joining me tonight. really important to hear your insight. i want to bring in andrew mccabe, former deputy director

and cnn analyst. you're distant from me today. i usually have you by my side. you're used to being tight-lipped about investigations, by necessity, from the fbi. attorney general merrick garland was not forthcoming on everything, either by the fact he delegated it and wanted it to be known he was not in control of the investigations under special counsel. or he knew the power of a stray comment. from your experience, from the fbi, and leading investigations. help us understand what the gravitas is, of the attorney general or any attorney speaking of investigations. >> laura, it's great to be with you tonight, as well. i can tell you of having the unfortunate experience of having to testify in front of this

committee and many others, during my time in the fbi, these are moments that leaders in the justice department and in the fbi, absolutely dread. you have no margin for error. by definition, the work that you're doing, is sensitive. it's not something that is discussed. you know you don't have satisfying answers that you can give these members. 2 the bar for winning in this situation, is survival. you want to endure the beating and get up and leave at the end of it, still having your job and able to get back to your office. on that low standard, i think the attorney general did a phenomenal job today. he had little he could share.

he held the line in a consistent and reasonable way. the republicans revealed themselves to be a one-note chorus. they spent the entire day asking the same three questions. they all got the same answer. i'm sure that was wildly unsatisfying for them. >> we make a lot of discussions. you have the right to remain silence. we look at donald trump and question if he should be interviewed by outlets. how do we let him go in front of the cameras. we don't give it much thought when prosecutors do so. when they are in a position to tar and feather people in the public square and they have to abide by rules and can't get both done. it's interesting when you think

of this dynamic here. when you look at what could go wrong, how does it make it if someone were to publicize or make comments about the investigations. >> it goes to the fundamental concept of prejudging. that is something we avoid doing in our system of justice. everyone is innocent until they are proven guilty in a court of law. it was be fundamentally unfair on the prosecution said to share information that's been deraive from a sensitive investigation. you have information that's protected by the privacy act. to share that information in open forum would unreasonably cast doubt and judgment upon the people that you're investigating.

you could prejudice the jury pool. you can drag people through that experience without having completed so much of an indictment, much less a conviction. to observe the rights of the people you're investigating and prosecuting, you have to keep your mouth closed. >> i feel you defined fairness in a system. it was clear he was in a position of damned if he did or damned if he didn't. nothing he said would be satisfactory. perhaps that's by design. when i was prosecuting, on the bottom of the indictments, was signed the u.s. attorney, the attorney general, they did not have a direct impact of the day-to-day prosecutions or the day-to-day investigations. he should have added i'm not the dictator of what the fbi ought

to be doing. andrew mccabe, thank you for joining us tonight. the new cnn poll in new hampshire. what it tells us about what to expect at the gop debate next week. it's a week from today. or part of it to coventry for cash. even a term policy. even a term policy? even a term policy! find out if you're sitting on a goldmine. call coventry direct today at the number on your screen, or visit coventrydirect.com.

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tonight, a nnn poll shedding light on the raceor the gop nomination. donald trump is holding on to a wide lead in new hampshire. how much room is there for any of the other people on the screen to make up ground? coleman hughes and john avlon and hear enten. glad to have all of you here with me. it's nice to see. we have a little purple ground. it's beautiful. we see the poll numbers.

and trump has a demanding lead. what a surprise. >> and the numbers have a little more under the hood. >> the fact is that ron desantis is dropping like a rock in the granite state. >> did you watch that? that giv you an understanding, if you look at the holling. i am supporting your hcandidate. but the trump voters are locked in. the vast majority of them are solid for their support for dold trump. if you look at the supporters of the other candidates, few of them are locked in at this particular point. that's why this race is wide-open. we saw swami going up. haley going up.

christie going up. i don't think we're done churning through at this point. that's something i look forward to. >> did ron desantis peak in the political high school before he talked about going to becoming a candidate? >> if you dig into the numbers, he's plummeted among moderate voters. he went to have 23% support to around 10%. he's a play to the base strategy and it's not helped him in the course of this campaign. the fact that haley and swami and christie have doubled their numbers in new hampshire, is fluidity. and dfr's water level in new hampshire is lower than you expect. 60% of voters are looking for an

a alternative. and 60% is registered independents. >> independents are like the coveted group, right? everybody wants to pick their brain and use a chrisrystal bal see what they're doing. i can't help but going back to president biden's don't judge me against the almighty, judge me against the alternative. >> people are looking for alternatives. and they're open to changing their opinions. moderates is where desantis is losing. that's where nikki haley has been gaining. you have to imagine that people have switched ships to haley. that's a good sign for her. the major rift in the republican party is ukraine. people that like vivek and trump, want to end the funding. people that like christie, to an

extent, desantis and nikki haley are on the other side of the issue. that's the fault line. we should expect the flash point at depates. you have universal condemnation of what russia has done. but the support, the way it manifests is a big information. a lot of the capped de candidat we wouldn't have had this. nikki haley came out strong on foreign policy. and vivek said he wanted to return to russia. and his foreign policy chops were on full display or the lack thereof. are these bumps going to continue? >> not necessarily. we've seen republican primaries

past where candidates move up and down. in 2012, mitt romney was always level and who was going to fight the ail lternative of mitt romn. i look at the 2000 republican primary. if you look at the polls back then, george w. bush held a very similar lead to the one that donald trump now holds. he was at 45%. and second place was liddy dole. and john mccain was at 12%. guess what happened in the upcoming four months when the voting took place. john mccain came back from 12% and won that primary with 49% of the vote, crushing george w. bush who came in at 30%. this is not just theoretical. we've seen in new hampshire, where a lot of new hampshire republicans and the independents might say, hold on a second. we want to take another look.

>> literally champing at the bit. >> that's important, too. democrats don't have a competitive primary. independent voters may feel more compelled to participate. this is one of the chances to put a dent in donald trump's momentum. nikki haley could solidify her status as the alternate from donald trump. she benefited from debate performance. a lot of expectation. and same thing with chris christie in the state. >> coleman, jon, harry, thank you, all. the next story, has touched me in a lot of ways. remembering what happened to elijah mccabe, after police put him in a nick hold.

and he was injected with ket ketamine. now, there's a high-profile trial for officers in this case. it's renewing conversations about police reform nationwide. my brain. so i choose new neuriva ultra. unlike some others, it supports 7 brain health indicators, including mental alertness from one serving. to help keep me sharp. try new neuriva ultra. think bigger.

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- it's polite to thank someone when they do something nice for you, isn't it? well, how about when they do something brave for you? let's show veterans our gratitude. ask your local veterans affairs office how you can help. the more you know. the trial is of two aurora, colorado, police officers, over the 2019 death of elijah mcclain are beginning today. they face charges of reckless manslaughter, negligent homicide an assault causing bodily injury. they have pleaded not guilty. the case stems from the arrest

of elijah mcclain, after officers responded to a call about a suspicious person wearing a ski mask. he was just walking down the street. police wrestled him to the ground and placed him in a hold. they injected him with ketamine. he sufficiented a heart attack and was pronounced dead three days later. mothers of the movement were on capitol hill, to discuss a path forward for police reform. my next guests were at the meeting. sheila jackson lee of texas. ben crump. and tyree nichols mother, rovan wells. thank you for being here and the continued work you're invested in to make sure this does not happen again.

last week, the five officers involved in the death of your son, were indicted on federal charges. today, you were on capitol hill, talking to leaders of the congressional black caucus about police reform, what do you want to have changed? >> first, what i want to have changed, is to pass the george floyd bill. i feel like that bill would save a lot of kids today. i know it would probably save my child. tyre was just on his way home and the police officers murdered him, basically. i would like to see that bill passed. i would like those republicans to get off their builts and pass

it. i want them to understand that we, as mothers, we're getting tired of our children being killed by those that are here to protect and serve. my son was on his way home and they pulled him over and he never made it home. there's a lot of that going on these days. i want the republicans to stand in our shoes and see how we feel by us losing our children to those that are here to protect and serve. >> as the mother of a little boy, i thank you personally for the work you are doing. in so many ways, we all are hoping not to be inevitably mothers of the movement. thank you so much. >> you're welcome. thank you. congresswoman, you have been involved in the george floyd act.

i'll passed in the house stalled in the senate. knowing whatt takes to get this passed, and there might not be the appetite, how do you get it done? >> thank you for having me. i'm honored to be here with mrs. vaughn wells and the courageous women we met today. would any american today want to be in the shoes of mrs. vaughn wells or any of the mothers i met today? public safety on the minds of so many americans. concerned about their children and gun violence. maybe different than the george floyd family was so hurt and harmed. public safety is a national issue.

it's an issue of patriotism. and none of the mothers said anything more than wanted their child to come home to them and police officers to go home to their family. the key is for republicans to walk in the footstep of those who want to be treated as an american. this bill was passed twice. it was a bipartisan bill. it's a bill that gives back to police and police departments. it improves on police/community relationships. it provides for development training. it deals with racial bias training. it helps police work more effectively with the community. there is no reason for the tragedy of the tyre case. he could have said, go on your

way. don't do this the next time. we understand what you're saying, we're not going to hold you this time. that's all that was needed. this can be done with the republican majority. they have to understand her message and her pain. they have to understand what any other mother, not to experience the pain of losing a child without justification. >> i want to bring in ben to this. there's the legislation path. the pressure that you have been applying to ensure there's justice on the legal side of this issue. a powerful deterrence as well as punishment. from the litigation side, what do you think needs to be done? >> you know we have the seventh

amendment right, that allows families when they can't get justice, to bring a civil action. we've been making a lot of progress raising the value of black life and the marginal life of other citizens. the question is this, more mcclain, george floyd on death on video. how many more videos do we have to show you? >> there's so much work to be done. and you know, thinking about speaking truth to power. also, speaking about power. >> may i note something? >> real quick. we need to make sure -- go ahead. >> let me be clear. the original basis of the george floyd bill in the midst of the tragedy, was based on the former president's executive order.

we have an executive order by president biden. having the same elements of ending choke holds and protecting people from excessive american. why would any city object to have a police force? why would anyone reject having that kind of police force with federal law that would govern everyone and save lives of trye nichols and the courageous women that we met today and those that mr. crump represents. >> ben crump, sheila jackson lee, and row vaughn wells. thank you so much. i'm sorry to have met you this way. thank you for the work you continue to do. we'll be right back. hing th.

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there's a battle brewing in congress and it might be a different one than the fight of the federal budget. it's about who is wearing what on the gop floor. every senator continued to force the chamber's more formal unwritten dress code. after he asked the sergeant at arms to relax the dress code. here to discuss is the journalist discovering the youth culture. and i'm glad to see you both. begin withdeirdre

srespects the institution they serve. is it disrespectful? or are we talking about a sign of the times? >> dress codes have long been criticized as a way of control and a way of, you know, keeping people on the straight and narrow. but the mental wardrobe is dynamic. and the fuss over the changers represents this is cultural change in the making. >> we heard the phrase, dress for success. there's was, they were elected for being authentic, hopefully. when you look at the issues and what it really means, does it have an impact on job performance? or is it a matter of personal expr

expression? >> when you're talking about younger officials, it is the authenticity. they want to be showing up as themselves and wearing clothes who represent who they are. at the state legislature level or at the single councils, they have been able to color within the lines. bringing their flair and the personality to the way they are dressing, adhering to the dress codes. we're seeing from the younger officials they are able to dress authentically and while adhering to the dress codes. they will be pushing the needle on changing up the status quo, as well. >> there's a little condescension of those that look down the nose. but the senate floor is a place of honor and tradition.

they don't always adhere to that in conversation. but is there value of dressing the part that people expect? >> i certainly think there's a time and place for that. that is within each organization to decide for themselves. that's happening right now. there's a pushback on the old way of doing business. these standards put into place to hold in old ideas of race, class and gender. and what's happening is the challenging of that. you're seeing this cultural change in live action. >> you mentioned the idea of the people who are the younger members of our society and being elected of themselves. and who ought to be in office. thank you both so much. >> thank you. like you, i heard all of

this foolishness about a dress code. but i can't wonder but how many of you care about all this. it feels like a distraction from the much bigger issue at hand. we're days away from a government shutdown. there's an impeachment of a sitting president. and a massive issue at the board. gun violence and the economy and the four-time former indicted president who is 412 days away from having his name on the general election ballot. all that is subordinate to what they wear on the floor. i'm for decorum. i get you want to see people who might look the part. i care more of what's happening in the periphery when they dangle a shiny wardrobe object

and not to look in the wings. we've been here before. remember when everyone was clutching pearls over president obama wearing a tan suit? remember what he was talking about? remember when a freshman senator couldn't wear hoop earrings? remember when she was talking about? when marjorie taylor greene wore the fur code. or sirs kyrsten sinema. or the rolled up sleeves. and a vice president in her converse. do you remember what they were talking about while the pearl clutching commenced? i'll give you a hint. it was all important. it wasn't matter if you agree or not. they were talking about sexual assault. they were talking about abortion. it was about mental health. it was about democracy. it was about justice.

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