our impeachment coverage and its impact on the election in the markets continues tomorrow. the fallout from some of the technophile out this far, what are the markets telling us that others are missing? we will tell you tomorrow. here comes "the five." ♪ >> dana: hello, everyone. i am dana perino with emily compagno, juan williams, jesse watters, greg gutfeld. it's 5:00 in new york city and this is "the five." the countdown to impeachment is on. president trump legal team launching a blistering attack against democrats as the senate trial is set to ramp up tomorrow. the president's lawyers calling the case "flimsy and a dangerous perversion of the constitution." it comes as both sides prepare for a partisan battle. >> we will force votes on witnesses and documents and it will be up to four republicans to side with the constitution.

>> when it comes to donald trump, nancy pelosi may pray for him privately but she has orchestrated the church of holy hell. >> any republican senators who said there she'd be no witnesses is part of a cover up. >> they don't allege high crimes and misdemeanors. they fail. >> history has its eyes on us. how are we going to operate? >> dana: nancy pelosi drawing more criticisms after saying that impeachment was a somber moment for america. kirsch she on delmar's show. >> thank you for waiting to get back on the air before you started the impeachment. there are some people who said he wanted to be impeached. just for the record, being impeached is a bad thing, right? >> and you are impeached forev forever. >> dana: congresswoman maxine waters thing no matter what happens with impeachment democrats will continue

investigating the president. >> subpoenas that i've issued that have gone through the lower courts of my to be heard at the supreme court in march. we will not stop. whether or not it leads to, as other impeachment activities, i don't know but i know we must continue with the work our constituents have elected us to come to congress to do. >> dana: jesse, one of speaker pelosi's lawyers said a third article of impeachment is not out of the question, though he left undefined. >> jesse: really? okay. i have heard that before. go for it. democrats want some new witnesses in the senate trial. oh, do they? okay, well, they could have sued and gone to court and had a judge compel testimony and they wouldn't have to sit back and complain. but now they are complaining anyway. so now they only want witnesses for the prosecution. they don't want the defense to have any witnesses. that's how fair they are being.

nadler says he's not going to negotiate witnesses at all. you have a republican saying, all right, nadler. we'll give you moving a, bolton, pence, whoever you want. just give us hunter. nadler says it's off the table. think about how far they are willing to go to protect hunter biden. why does hunter biden need so much protection? it's because this whole situation he's involved in is a complete disaster. they are saying he's not a relevant witness? the supreme court has granted wide latitude for defense counsel to call whoever they want to set out whatever fact case they can't, to set up a strong and robust defense to protect their constitutional rights. it doesn't matter what nadler says is relevant or not. it's whether the supreme court says it is. and it is. hunter biden is a material witness to the defense. the ukrainians have said publicly the only reason hunter was given this poem gig -- plum

gig is to protect burisma from prosecution. he got kicked out of the navy for drugs and i get a plum position overseas that he has no knowledge of. it's crazy. it's not an abusive power to investigate corruption especially when it involves a corrupt country who colluded against you when millions of dollars were on the line. can you imagine if trump trump,. got appointed some plum gig in the chinese company and the democrats had you know what, let's look into it and trump said no, no. i am running for president. i am untouchable. >> dana: is it sustainable for the democrats to say, if they want witnesses on their side for them not to allow republicans to call who they want? >> juan: it is sustainable. it's sustainable up to suggest this this -- this is not a court of law. it's an impeachment hearing. the key seems to be the court of public opinion and that's pretty

clear you can have large numbers of republicans who say yes, witnesses should be called. bolton should be called. he has direct knowledge of the specific crime and charges against the president. hunter biden has no such knowledge. joe biden has no such knowledge. they weren't privy to the phone call. the president had with the president of ukraine in which he was, and has now been found to have been committed a crime to withhold $400 million in exchange for insisting an announcement being made by the president of ukraine of an investigation into the bidens. this has nothing to do with hunter biden. >> jesse: so you are going to deny the president due process in the house and senate? >> juan: he was not denied due process. >> jesse: sure, he was. >> juan: you have the white house brief come out today and in the white house brief, of very good lawyer, pat cipollone,

highly regarded, pat and jay sekulow make no effort to defend the president. it's comic book stuff. it's the presidents -- it's like the president's twitter feed. >> jesse: 127 pages. that's an effort. >> dana: let's get greg's on it. i wonder what you thought about the belmar-nancy pelosi. >> greg: when you say impeachment is forever, it's telling you this is an emotional victory for her. it's personal. it's not even political. it's about, were going to get the guy back. they are still going to lose but they have it to keep them warm at night. nadler can't say what's off the table. the prosecutors can't tell the defense with a can call. i want to go to a bigger message. the problem with the news is we are an easy mark. we believe in the definition of

objectivity. turning the camera on showing what's happening. there's no defense against being exploited. you can get objective news by creating this spectacle and everybody has to put the camera on and preamp shows and we have to show it. when we are preempted by something called the news, remember it's only news because they are telling you it's news. the pomp and circumstance, slow walk, dramatic pauses, the language. it's fakery. artifice to make you feel like it's news when it's not. i have a suggestion to the reader, i mean the viewer at home who feels hopeless. you can call your senator and you can tell them to get this over with as soon as possible because you want to watch "the five." get a pen right now. 202-224-3121. that's the main operator for the senate and they will connect you to the specific senate office

that's your senator and you can tell them get this over with because you're not going to miss an episode of "the five." it's not fair. feel free to call fox news and let them know we should all get raises, especially me. >> dana: the thing about the witnesses, emily, we are talking about this now but there's fees one that has to happen which is setting the rules, each side gets 24 hours to make their case. it's only after that that they will go to the issue of specific witnesses if there were to be any. i think it's possible that after 48 hours and you don't have to use the whole 24 hours per side, that at that point maybe they will decide they've heard enough. am i being too hopeful that it gets over with quickly? >> emily: is probably being hopeful but you're right that the senators take a vote after they've heard both sides present their entire story. whether they feel witness' testimony is required to resolve the articles of impeachment. i have to take issue with one thing you said.

this isn't an impeachment hearing. it's an actual trial. it's not a criminal court of law trial we are used to maybe want to watch tv. this is an actual trial and he can lead to a conviction in the senate think it's important to highlight for viewers on what the arguments are the presidents team is arguing. they are arguing both procedural and substantive. they are saying there was no crime alleged in that the constitution and its plain language meaning without everyone extrapolating, just what it says. plain and fair. it needs to be a crime alleged and also that it has to be a high crime. you have to have both together. that was successful in prior impeachment test money. i'm not really saying anything mind-blowing the people don't already know but it's important that viewers understand going into tomorrow. there is about be a lot of hours where everyone is captivated by news covering it and it's important to many doug schoen with their talk about and also

there'll be a defense saying regardless, this is not an abusive congress and it's not impeachment where they. >> jesse: so you are saying call your senator also. >> emily: one quick last point. it's not the impeachment managers and it's not the senators that's not the house whose right it is to a fair trial. it's the president for less, the defendant's right to a fair trial. >> dana: you mentioned it could lead to a guilty verdict and also an acquittal which is what happen for others and that's important for history as well. coming up, actor john cusack blasting capitalism during a rally for bernie sanders and robert de niro, he's got another anti-trump rant. that's next on "the five." ♪ limu emu & doug

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change, predatory capitalism will rob us to the right of any future at all. as we can see literally every day, the houses on fire. >> jesse: former top clinton advisor trashing the president. >> trump and trump-ism is the greatest threat the compan couns faced since the fall of comments in. if michael bennet is the democratic nominee, you're going to get 55% of the popular vote and 55 senate seats in it with the end of trumpism. trump doesn't have to just be defeated at the poll. has to be decimated. >> jesse: juan, who makes less sense? they compared trump to the fall of communism and said we have ten years left to destroy capitalism. i read that wrong? >> juan: he is saying he sees trump-ism as the biggest threat the country has faced since the fall of communism, i guess

that's in the '80s. i guess, i think it's decimated the republican party. it's now the party of trump. it's like a cult. >> greg: that is so insulting. >> jesse: trumpism has been pretty good for america. >> juan: no, it's not. >> greg: so offended if people talked about obama's followers being in a cult because they are are people who did that which was equally as wrong. carvell is saying trump is worth. that includes isis, al qaeda, aids, climate change. record low unemployment, prosperous economy. trump is killing americans with good news. >> juan: no he's not. >> greg: no, no, no. you've been wrong on every point. >> juan: a country divided that's now people will say i can't go to dinner. my family. >> greg: that's emotional.

you have emotional problems. they are emotional problems. >> juan: republicans are -- >> jesse: let's move it around. >> greg: he mocked me. all of his opinions about trump are about future threats. they don't discuss the present. you can't discuss unemployment, the economy, you can't talk about the stock market. you have to talk about the future threat because that's conveniently unmeasurable. you can't measure it. oh, my dinners are ruined. >> juan: if i wanted to talk about income equality, erotic , erratic, provocative action. the brink of world war iii. >> jesse: let's move it along. let's play actor robert de niro. >> there is right and wrong and common sense and there's abuse of power. there is a cynicism. i have as much right as anybody

-- an actor, athlete, musician, anybody else -- to voice my opinion and if i have a bigger voice because my situation, i'm going to use it whenever i see a blatant abuse of power. >> jesse: he sounded a little defensive. >> dana: the last time he got the big rush back from everybody after the f word range. that was one of many. i've been thinking about it. we've talked about it. maybe it's finally solidified in my mind. when president trump brought pop culture into alignment with politics, now all of a sudden for the first time in quite a long time, you have conservative principles being discussed on more -- on a mass communication scale. you have people talking about all the things greg was talking about the you can measure.

this is no longer just the back pages of national review. this is everybody talking about it at dinner, on social media, et cetera. the democrats have always had culture, and liberals have had culture but now they are not able to marry at the politics. there is a split. they can't get a foothold where president trump was able to bring those worlds together. he saw an opportunity. i don't think somebody who didn't have the presence he did in the media would've been able to actually do that. i don't know of anybody running for president on the democratic side actually can do that either. >> jesse: i haven't seen it in any of the debates, anybody with any swagger. >> emily: no, swagger is definitely lacking from the left. part of the issue that is so difficult for people to swallow, this is the exact type of fearmongering that these types of -- guys are arguing that trump brought the table and that's what's dividing the country. not the bit relatable.

the comment that we have ten years to save the planet from capitalism, how is that not fearmongering. it's doing that same repellent they arguing that trump has done in this country and the thing part of the issue, when you're talking about the future, and that's why none of this is actionable. no one has their feet on the ground that we have showcased here where they can articulate an issue and say this is how you solve it. here is the demonstrable problem with this data and this is what i'm offering. instead it saying we are all going to explode in ten years because of this really horrible source of this kind of polarizing dramatic end of the world. >> jesse: john cusack, amazing performance in "runaway jury." if you don't want to watch the impeachment trial, check that out on netflix. "the new york times" mocked over who they are endorsing for the democratic nomination. greg's mono is next.

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endorsed a democrat. two democrats. in case one gets a flat, we have a spare. that's the time's definition of breaking with convention and doubling down on the same old, same old. that's how the media gatekeepers see the world. the only choices available come from a wide range of leftists. do you go left, really left or really, really left? you never go right because that would be evil. they picked her traditional liberal and a leftist who makes che guevara look like barry goldwater. it's really about bernie. it's another example of the media elbowing sanders out of the way. after cnn's hit job on the debate and then there's joy re joy reid. >> i think bernie is lying. he is slouching forward anyway but here he chortles. if you look at his eye level where he normally answers a question, when he makes the denial, his shoulders come up. his eye level is below is his

shoulders. liars like to start with well. he looks away, laughs. if he set it which i he did it would've been better to own it. >> greg: powerful stuff. joy hiring a lie detector. it's like charlie sheen hiring a drug sniffing dog. member those posts were the product of a hack. it's clear the established media is deciding who they want and don't and making sure everyone falls in line. they look at the country and incentive sing a strong prosperous economy th the -- thy see themselves out of power. the good news is you see the media's distaste for you out there in the open. please don't return the favor and call them a hack. that would be mean. >> jesse: that was a good monologue. >> greg: thank you. i will go to you first, jesse. >> jesse: i never knew that was how to get you to go to me first. [laughter] >> greg: to pick two opposites on the liberal spectrum.

>> jesse: i don't care who "the new york times" endorses. i care for "the new york post" endorses. i don't think these endorsements mean anything. i think back in the day, union endorsements did when the mob -- i shouldn't say mob. when the union boss told the workers who devote for but even then i think now this is more inside baseball. it's like the bachelor. you're at the final rose ceremony and he gives to roses due to women. it's bittersweet. you have to be thinking okay, i will let the guy put a ring on my finger but it just doesn't feel right. no especially because it's a second-tier candidate lumped in with the first, liz warren has to be thinking really? doesn't feel good. the way they kind of screwed over bernie sanders, i think that was really wrong. they said bernie's moment had passed. >> greg: and he had a heart attack. they brought that up. >> jesse: they brought up amy. she's never had an endorsement or movement. this brings me to a personal

story. last night in the elevator in my building, about to close, the arm goes through, three bernie sanders supporters come into my elevator. they all have the bernie 2020 t-shirts, they been out canvassing, the woman says i know healer. i tend some but i get nervous. a lot of that time it's not a good thing. she goes i don't agree with anything you believe in, anything you say but i respect the opposition and as a matter of fact, you guys, meeting fox news, you guys have been fair to bernie. i said bernie's getting screwed, just like trump did. she goes you know what, when they scream over again, the we e going to do what we did last time and vote for trump. can you believe it? or called my real estate agent and i set i live in a bernie sanders building? i made a call. >> greg: do you think the times message, it's not just about bernie, it's about joe. no old white man. no old white man. not going to work. >> juan: i thought it was a

silly thing to do basically because everybody gets one vote, right? you get one candidate. they should've picked one candidate. i would agree that i don't think newspaper endorsements mean as much as they used to but they do have some meaning. i think local papers, des moines, iowa, for example, i think "the register" is going to have more impact on the caucuses than this but i also think that when you look at the opportunity they had between the far left as represent by bernie and the more centrist positions represented by klobuchar, biden and the like. bernie versus biden essentially made didn't make a choice there. to me they lost an opportunity because that's the big fight within the democratic party right now. if they had some plea picked klobuchar or warren, it would have given added attention in terms of the media spotlight to one candidate. now it's kind of diffuse and as a result, doesn't have the punch, even the limited punch

the you describe, jesse, for anybody. >> greg: what you think of emily? >> emily: newspaper endorsements barely mean anything anymore and frankly the matter more to donors then they do to voters. to that extent, this hurts biden the most, who's the one that needs the most fund-raising. also he's the one that needs people to believe that he's the consensus pick. i think it's a cop-out for them to have chosen to call. back in the day when you got a physical paper, it was a big deal to find out who they endorsed but now we know how everyone feels. there is no hiding any one of those individual journalists or the editorial board's feelings. we are having it rammed down our throats every day all day and all forms of social media and their outlets. it's not really a surprise in the fact that they are damaging biden and bernie. we have known that all along. >> greg: i think "the new york times," limited liz warren is a gifted storyteller. >> dana: i wrote that right

here. i thought you were going to seize on it. >> greg: i am letting you seize on it. >> dana: that was interesting. yeah, she has told some stories. the president, if she were the nominee, would certainly be retelling the stories on the trail. it's like "time" magazine for the person of the year, they had the protester. and then it renders it totally meaningless. i also noted one other thing i thought was a good component for president trump in the editorial. he will run on this. which is they said warren had a hard time answering how she would be able to get any of the stuff done when it went up against a conservative judiciary. because it was unconstitutional. i think he's obviously had a huge impact. "new york times" editorial pages asking about those things. i also think it was about nominating to women. i think of kamala harris were still in the race, they would've chosen three. i truly believe that. and kirsten gillibrand. pretty insulting of tulsi gabbard.

>> greg: i think it's also the fact that they didn't just give it to liz may be meant i had some reservations. >> dana: i think the timing was interesting. "the new york times" is more about building its own brand. its own tv show. >> greg: that's hilarious. >> dana: instead of saturday night to be on the sunday morning television shows, they waited until sunday night. they didn't really care. >> greg: are we done here? haven't heard from a producer in a while. coming up, a guy trying to shame a target employee on twitter but it doesn't go according to plan. i wish i had gone into aspen dental much sooner. when you're not able to smile, you become closed off. having to live with bad teeth for so long was extremely depressing. now, i know how happy i am. there was all the feeling good about myself that i missed and all of the feeling bad about myself that was unnecessary. at aspen dental, we're all about yes. like yes to free exams and x-rays

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the man claimed he called the police after tori refused to sell him an electric toothbrush worth about $80. the guy was upset because the price was mistakenly displayed as just one cent. he claimed the store needed to honor the price but the manager refused. a girl from the page was set up to support the manager, tori, and it has raised about $30,000. let's start with the law, emily. i saw this, the statute says if there's a gross misrepresentation, there's no requirement for the store to sell you for 1 cent. >> emily: the gross error means if it's worth over $20, which this was, it would be if you post the price less than a 20% discount. clearly it falls within the exemption and i think the larger point here is that this guy is a jerk.

he is a waste of skin. he's not a journalist. he's a troll, the worst of humanity and the worst of twitter. not just this. after the multiple fatality shooting at manchester arena, he immediately tweeted "animals died the first time i listen to her music too." and he doubled down and continued tweeting really disgusting jokes and his apology was i made a joke. and then when anthony bourdain called him out and called him a gaping, steaming a-hall, after he died by suicide, this guy put on twitter, look who is the gaping, steaming a-hole now. he is disgusting. he needs to be taken off everything. >> greg: i rest my case. >> juan: normally i don't go to you to calm things down.

>> greg: i will not use the word gaping. this shows you how social media can be a minus anna plus. you have a super creepy guy was a serious disorder who wants to exact some weird punishment on some girl just doing her job and maybe he has a thing against women, i don't know. social media gives them nobody the chance to ruin somebody life. but then you see the plus. you see this gofundme page to get five grand for her. it gets 30 grand because people on social media also recognize what's going on and they decide they're going to help fix it. on one hand, you have the worst of social media and then on the other, you have the best. a- an a+. i think. >> dana: she says she is working to find a cause worthy of your generosity. she's not even going to keep the

money. >> juan: the idea was here is some money to go on vacation getaway and she said here. >> dana: i admire her. >> juan: looks like it's become highly politicized. >> jesse: how dare that happen? >> juan: i think it's obvious that what this guy did was wrong but now it looks like most latest trump supporters involved in the effort to try to set the record straight. >> greg: you are complementing the trump supporters? >> jesse: i didn't know about the politics. i think that is with his plate and here's why. i go to the dentist twice a year and every time the dentist says so mr. watters, are using an electric toothbrush? and every time i say no and every time i can sense him judging me, like you can afford a $150 electric toothbrush. i tell you what. i'm not paying $150 for an electric toothbrush when i can spend $6.99 and do it manually. greg might have a fancy electric toothbrush and he thinks himself a fancy lad but i am laughing

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♪ >> emily: welcome back. megxit has been finalized by buckingham palace. harry and megan can no longer use their royal highness titles and will be receiving more public money. here is prince harry speaking out for the first time publicly. >> the decision i made for my wife and i to step back is not one i made lightly.

i know i haven't always got it right but as far as this goes, there really was no other option. what i want to make clear is we are not walking away. we certainly aren't walking away from you. >> emily: dana, they no longer have hrh but it's been argued that the queen is leaving the door open for him to return. they keep fraud more cottage. >> dana: keeping her options open, the queen. she is hoping they will may be returned and maybe they will. it be the first year, too intense. i don't think the media coverage is going to subside just because they are moving to north ameri north america. i think it will double. the british press will still be following them and the american and canadian press will be following them too. i think they could probably do some pretty good work. i think they will probably get really into the climate change thing. other than that, he had done a

lot with veterans, especially wounded warriors. i imagine that as they settle in and try to figure out what they want to do, they will figure it out. no public money but apparently prince charles will take care of things for a year. >> emily: greg, do you see the netflix empire apple tv obama model in their future? book deals in documentary on climate change. >> greg: i am more interested in why this happened. who gets the scepters and the staffs and the court jester and the pollutions? there's two reasons why i left, i lived in london. if you don't grow up in england, you are not used to the cold, damp weirdness of it all. everything is smaller. old is old. let's go sit under a thatched roof and freeze our butts off. the food is terrible. it's uncomfortable. you have to throw blankets on

because there's always a draft. it's always cold. the toilets smell. carpets in the bathroom, soaks up all the stuff. one reason, discomfort. the second reason is media. prince harry blames the media for leaving. it's another facet of life that media ruins. how many other facets do we need to experience that shows every time you had media, it ruins it. you can't have nice things with the media. they run royalty. they ruin everything. i hate you, media. >> jesse: they are blaming the media but they left the media win. trump would've just destroyed the media and stay longer. made a much more royal and more noxious. i think they have quit the royal family but they could to keep all the money. from people saying they don't like what these people did, so many americans would want to do the same thing. >> emily: what do you make of the fact that meghan markle's dad said they are making the monarchy a walmart with a crown? >> juan: is petty. >> dana: walmart is awesome.

>> juan: family infighting going public. this is part of why they said, we're sick of it. we don't want to be exposed to this constantly. what strikes me is they are not taking the money after the year, you said prince charles would take care of them for a year but they will no longer be on the payroll. they just signed a way to monetize the fact that people like us are so interested in them and gossip about them and want to pay up to. i think they can do it in terms of the netflix deals, terms of books. i think they are going to be fine. >> emily: he mentioned he was diana's son a few times in that speech and i think he has so much, obviously, residual pain from that. all right, "one more thing" is up next. home what'd we decide on the flyers again? uh, "fifteen minutes could save you 15% or more on car insurance." i think we're gonna swap over to "over seventy-five

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>> dana: it's time for "one more thing" barrett >> juan: it's the 35th anniversary of the holiday today. this morning his son martin luther king jr. the third brought his wife and daughter on stage to say that his father's fight for justice is still very real. >> on this holiday it is as the reverend said about recommitting ourselves, re-dedicating ourselves to the work. it's no where near done. >> juan: there were lots of volunteer efforts around the country to help with the homeless, the hungry, schools, and others. it's so terrific. so many have said that the holiday is in fact best observed as a day on, not a day off. happy king day america. >> dana: indeed. >> jesse: happy king day. also, significant political anniversary that we are

celebrating. i don't know if you remember this. >> we are going to california, texas, new york, and south dakota, and washington! we are going to washington, d.c., to take back the white house! >> jesse: not the eloquence of martin luther king, but there he is. the dean scream. he didn't won iowa. he came in third. he fell apart shortly thereafter. >> dana: that was a good memory. [laughter] >> greg: something fun, let's do this. greg's 2020 olympic long jump. first off, the squirrel. let's see how this world does. i believe it's an australian squirrel. i don't know. there he goes, check him out! look at that one. let's go to something we are all

familiar with, the fox jump. look at that one. [laughter] that was an injury. now, my favorite, you got it, the sugar glider. look at that. i'm going to get one of those. it beats a kid. emily, what is your favorite? >> emily: the fox. >> juan: somebody has to get hurt. the cameraman. >> jesse: sugar glider for the won. >> dana: i would go with the fox. >> greg: the fox wins i believe. the fox always wins, take that cnn. >> dana: i hope you have an appetite, because they have created the world's largest snickers bar."the guinness bookd records," it weighs over 4700 pounds. it's 26 inches wide at a size of 33,000 single size snicker bars put together. they came up with the idea two

weeks ago and it took more than 60600 workers. i have a surprise. >> juan: what was the idea. >> dana: sometimes, it's like why did you go to the moon? it's because you can. >> greg: this is definitely bigger than the moon landing. >> dana: i have an interview with roy castro, amazing success story after his incarceration. that is the strive organization. >> emily: okay you guys. the story of the night. are brad and jennifer back together? last night with the screen actors guild award and we saw the first public reunion. this is him excepting his best supporting actor award. that is her looking longingly and may be lovingly at him. that is her accepting her best actress award. that is him watching her on the screen. the internet is dying.

everyone wants them to be together. >> dana: i think they are the new megan and harry. set your dvrs and never miss an episode of "the five." "special report" is up next. >> bret: brad and jennifer are not in the show, but thank you. president trump prepares for a settlement as an impeachment lawyers preview their defense strategy. democratic candidates callout the president for race relations on the martin luther king jr. holiday. airports around the world are on high alert for the rapidly expanding threat from a deadly virus. this is "special report." ♪ good evening, welcome to washington. president trump will leave the white house in a few minutes for a major economic conference in switzerland. back here in the nation's capital prosecutors and defenders for the impeachment trial are getting ready for