that's something that i think jack smith will be doing. doing more follow-up with witnesses who may have been tampered with, or those in trump's orbit tried to tamper. with so even beyond it constellation of facts and evidence that the committee is observing, they're making the referrals for, i think there's some new threads for the special counsel's pull on. and also add, in addition to the tools and andrew mentioned, without being able to go to the chief judge and defeat executive privilege, probably quite readily in a case like this. even for those witnesses who might take the fifth, the department does have options like immunity, the department's options like even pushing to the chief judge, an assertion of the, fifth to see is that really realistic that this person faces criminal culpability based on the ncaa particular question. for example, mike flynn and, others not that i like to talk to him because they think he's a liar not credible. but pleading the fifth to something like the peaceful transfer of power, that's bogus, that'll n

we know days after jack smith took over, doj told the judge that special counsel jack smith has already read up on those legal issues. clearly, he is a quick study. finally, ana, last week, jack smith asked the judge on the mar-a-lago case to hold it on contempt of court. that was probably a step too far. the judge said, no, that's not necessary, now you all need to work this out yourself. he's doing this from a hospital in europe. apparently, he had a bike accident. apparently, he moves quickly. >> so, talk to us how this investigation led by smith compares to a prior trump investigation, by a prior special counsel robert mueller. >> so, we all remember robert mueller. they had the same title. they were both called special counsel. but the similarities end when you get beyond there. first of all, robert mueller had one job to investigate interference in the 2016 election. there are many different tentacles but all under one heading. jack smith has been given two jobs to investigate january 6th and the mar-a-lago documents. those are two completely separate. really the only thing they h

but jack smith is not focusing just on what happened on january 6th. that is the culmination of a long scheme. and that is the real work of a benefit that we have of the january 6th committee, is that their hearings really show showed these vast scheme that was at play, whether it was pressuring the department of justice or mike pence or fake electors in various states, or pressuring states like georgia. and now we see various subpoenas going out to other states. all of that, i think, is going to now be, i think, on expansion in the sense of really completing the story that, if this is charged, jack is going to want to tell a jury -- it never made any sense to me, for instance, that what was happening in georgia was only going to be a state case. it's totally appropriate for it to be investigated by the state. but it would be odd for them not to be included in the proof you are presenting. when mary and i were criminal prosecutors, you would never want to say to a jury, we left all that proof out. we are not going to present it to you. you want to give

charles, what is tonight like for jack smith? what is tomorrow like for jack smith as he is handed these 845 pages? >> well you know stephanie, i do not think that jacques misses under an enormous amount of pressure under what he's been under before. i think that jackson's is keenly aware of most of, if not all of everything that is going on and upon this report. it is important for viewers to remember and understand that there is already a doj investigation, an invest fbi investigation that is occurring on top of everything that has been occurring on the 16 committee on top of this report. so he is keenly aware of everything that is at stake here, if anything the public merit has already put an enormous amount of pressure on him. he is aware that he is handling that, i think it does accelerate is clock slightly, but ultimately what was going to happen with jack smith as special prosecutor is still going to happen. i suspect that he will see indictment i do not necessarily know if all the criminal referrals will result in an indi

charles, what is tonight like for jack smith? what is tomorrow like for jack smith as he is handed these 845 pages? >> well you know stephanie, i do not think that jacques misses under an enormous amount of pressure under what he's been under before. i think that jack's is keenly aware of most of, if not all of everything that is going on and upon this report. it is important for viewers to remember and understand that there is already a doj investigation, an invest fbi investigation that is occurring on top of everything that has been occurring on the 16 committee on top of this report. so he is keenly aware of everything that is at stake here, if anything the public merit has already put an enormous amount of pressure on him. he is aware that he is handling that, i think it does accelerate is clock slightly, but ultimately what was going to happen with jack smith as special prosecutor is still going to happen. i suspect that he will see indictment i do not necessarily know if all the criminal referrals will result in an indictm

guest: because the way the regulation works, just so people are clear, the special counsel takes jack smith out of the direct line of command to merrick garland. merrick garland can step in but has to expire to congress why he might interfere with what mr. smith does but referral gives the topic he is responsible for. one is january but only the top brass on january 6, the people at the capitol, the 900 plus people now in the criminal justice system, that stays with local u.s. attorney's office in washington and the second big topic that has been carved out from maine justice to jack smith is the mar-a-lago documents investigation. host: this week jack smith asked officials in three states with communications with former president trump from the legal standpoint, what is -- what does that mean for his investigation? guest: it means one of the things he is looking at is the attempt to have the states create fake slates of electors to that states congress and just so we are clear, it is illegal for you or me to vote fraudulently, certainly illegal to come up with fake slates of electors to do

this will be a discretionary decision for jack smith to make. as soon as one is ready i'll give it to you. if they're not ready you will get then one after another. let's get this over with at once. that's a decision for jack smith. >> ellie honig, thank you very much. you will be back at the next hour on the taxes. >>> plenty of reaction from lawmakers on this consequential week for donald trump including from senate gop leader mitch mcconnell who issued this statement after the january 6th hearing, the entire nation knows who is responsible for that day. beyond that, i don't have any immediate observations. joining me, alice stewart, cnn political commentator, republican strategist, olivia troy, former adviser to mike pence. let me start with you on that statement from mitch mcconnell. there's some analysts who call this bold and say it's a zinger, this is a major statement from him. is it? he doesn't name him. >> look, this speaks the truth. this is senator mcconnell speaking the truth and his feelings are shared by many rationale republicans

jack smith can move forward at light speed if he chooses to. but i have to say, it sure looks like chooses to. and just the 24 days since his appointment, i think it's objectively fair to say we've seen an acceleration of the investigative paste. first of all, on thanksgiving day, jack smith filed a ladder brief with the 11th circuit, calling out donald trump's defense team and the most direct and blunt terms imaginable, saying his the fence team is incorrect, and indeed, jack smith was right. shortly thereafter, what did we see? we saw jack smith's team put three white house aides before the grand jury. two former white house counsel. stephen miller. he subpoenaed communications from election officials and five battleground states, and now he's subpoenaed communications from brad raffensperger, who had that infamous phone call nearly two years ago. so i think the only fair reading is that jack smith is moving things along much more quickly than they seem to be moving before he was appointed. >> barbara mcquade, should we be comfortable with a

these investigations have been very aggressive since special counsel's jack smith's appointment in november, and he's got a lot of prosecutors who have been working on these cases for months before his arrival. already the team that smith inherits is twice the size of the special counsel investigation under robert mueller. about 20 prosecutors working with jack smith on the january 6th side alone. according to several sources who spoke to cnn anonymously some of those people are digging into a financial investigation that has flown under the radar and that already is pretty sizable as well. they look to funding of rioters, political contributions and in recent weeks our reporting team understands some of the january 6th prosecutors are asking also about donald trump's knowledge and understanding of what was about to happen at the capitol on january 6th, so smith is examining the former president very closely trying to understand the plan and was it to steal the election. we've learned that investigative team has always been able to take a case up to trump if the evidence leads them there. o

that's why i constantly say, jack smith needs to go after the stuff you can prove.the mar-a-lago -- >> because mar-a-lago is actually documents, which donald trump had said and acknowledged he had in his position because he had said at various times that they are his or heeded his jedi mind trick and declassified them. -- in his possession is not in dispute. >> he claims he took them, they are his, and more importantly, i want them back. and so, there is nothing to argue. he made the statements. this isn't hearsay anymore. this is out of the horse's mouth. >> as you say, he doesn't have texts, he doesn't have emails. jack smith is looking at mar-a-lago, he's looking at raffensperger's phone call, overturn the election in georgia, the january 6th committee. as we all stand here and wait for this report to come out, you think the information they have, got that both those other cases are better and stronger if you're going to go after trump than this one. >> yeah, actually i believe this is probably the weakest of them all. the second weakest is georgia. for the same

and ask ourselves, jack smith was brought in just to make a decision. believe there is an opportunity for a grand jury to move forward and for an indictment and prosecution. with all that resting in his lap, in addition to the fact that you now have a former president who was given a criminal referral by the special committee for congress for criminal activity, i absolutely believe that that nudged jack smith, if he needed it, to ward moving forward with the prosecution. >> i last-minute, that you want and with you. i wanted to ask you, we know this report is suppose to be 1000 pages if not more. a chapters, are they actually going to just put all of that information, distilled into that one publication, being the 16 committee. what have we heard whether not pieces of it are going to be excluded? >> i think the idea is that this proposal will be comprehensive. it is the legacy part of the committee. they want to basically be the thing that people will look back at and see, this is what this committee has done, this is the evidence and the seriousness of

this seems to be as high as the prosecutions will go outside of jack smith investigations. it's an interesting question, you know where the line is, from the current team that has been prosecuting january 6th crimes, and that jack smith team. but it seems that it's somewhere above elmer stewart rhodes, up to donald trump. and so, 200 points, what do you think this does in terms of either energizing or building the confidence of the jack smith team and how you bring seditious conspiracy prosecutions? >> i wouldn't put too much stalk in the line between the special counsel's office and the other prosecutors who had been working on a so many of the january six cases including this one. because there is so much evidentiary overlap that they are not going to lead to some evidence of all by the wayside because of an artificial line. but it does show a couple of things -- first of all, that individuals, whoever they may be, where a part of a seditious conspiracy to violently, essentially overthrow the government. and two, you don't have to be in the capital to be convicted of that

under jack smith.i think they are pointing down the wrong way, if jack smith follows the right facts, might very well end up with an indictment pretty soon. >> thank you very much, ryan. >>> and, next, first "outfront," we have new audio tonight of dr. fauci responding to elon musk's attacks on twitter. >> and if i get drawn into that -- and i have to be honest -- that cesspool of interaction. >> cesspool of interaction. >>> plus, breaking news. disgraced crypto mogul sam bankman-fried has been arrested after his collapsed cryptocurrency exchange. >>> plus, i'll talk to the american of mark fogel being held in russia. why isn't he, like brittney griner, free tonight? did i tell ya i got my car from carvana? oh! tens of thousands of mud-chugging options. it was just so easy to fd a car within my budget. i'm just happy i was able to pick this baby. good on ya! we'll drive you happy at carvana. i love what downy does for my sheets and towels. but did you know downy provides 7 benefits for your clothes, li

and there is new reporting about the committees cooperation with special prosecutor jack smith.ongressman adam schiff, a member of the january 6th committee, will join us next. l join us next announcer: type 2 diabetes? discover the power of 3 in the ozempic® tri-zone. in my ozempic® tri-zone, i lowered my a1c, cv risk, and lost some weight. announcer: ozempic® provides powerful a1c reduction. in studies, the majority of people reached an a1c under 7 and maintained it. ozempic® lowers the risk of major cardiovascular events such as stroke, heart attack, or death in adults also with known heart disease. and you may lose weight. adults lost up to 14 pounds. ozempic® isn't for people with type 1 diabetes. don't share needles or pens, or reuse needles. don't take ozempic® if you or your family ever had medullary thyroid cancer, or have multiple endocrine neoplasia syndrome type 2, or if allergic to it. stop ozempic® and get medical help right away if you get a lump or swelling in your neck, severe stomach pain, or an allergic reaction. serious side effects may include pancreatitis.

i can guarantee you that jack smith is reading every word of that report today. guarantee you he and his team will read the full report on wednesday. again, they want to see what evidence they that they may not have or if there's problems with witness inconsistency or other problems as a prosecutor. this is important for jack smith and no restraints using the evidence. >> elie honig, thank you so much. >>> reaction today from former vice president mike pence after the mob chanting "hang mike pence hang mike pence" tried to hunt down him and d his family january 6th. stay with us. ief from chest congestion and any tytype of cough, day or night. mumucinex dm. it's's comeback season. i'm a laidback mediterranean hotel, looking for someone with simple needs. just a room, wh a view... of rolling portuguese vineyas. a meal... of freshseasonal cuisine. exercise... in the crisp countryside air. and pets... i have a herd of horses. if you too share these simple needs, i may be your perfect somewhere. ♪ introducing the anti-fatigue comfortmat connect from weathertech. it c

you know, i think the appointment of jack smith -- looking at the higher levels of this. so it's clear that they've been proceeding independently without the committee. i think this is more about the committee sort of trying to show something for all of these massive public hearings, these millions of lines of data that they've gone through, and you know, as everyone pointed out, this is a little toothless, but it's also about taking some kind of public action. on that front, it might be purely political, but that's always where trump wants to weigh in. i'm sure we'll see posts on truth social and also other things trying to attempt to do what katy was alluding to and -- both these investigations by tying them together and calling them a witch hunt, as he does with every other probe. >> jill, let's do a walk through scenario of what the doj could possibly do. but more importantly, how the committees can approach all this during this sort of official handing over to the doj. where do prosecutors start with this mountain of evidence, how do you think this plays out and ligh

charlie, to that end, to neil's point, what does that do to jack smith and the special counsel's timeline here? >> certainly it takes the handcuffs off. he had already been freed by the 11th circuit to use -- he's gotten there but to use the people to look at the hundreds of classified documents in the investigation. now there will be no more fetters when this collapse to use the 13,000 pages of stuff that's evidence about what this was being stored with, who maybe had access to it and so forth that are all going to be adding up to the ultimate decision of whether to bring charges. i would say there's another element here that is -- shouldn't be overlooked, which is one of the things jack smith is going to have to decide at some point if he does say he's going to move forward with asking the grand jury to indict someone in this case, whether it's trump or some of his aides, is where to bring those charges. the most obvious place to bring them is in florida. that's where the documents are being held. that's where the obstruction happened, if there was a chargeable obstruction, even though

but shaq smith is gonna do whatever jack smith is gonna do. he doesn't need a doj criminal referral to make that decision. >> okay, so you are a former prosecutor, right? if you were in these shoes, do you think that, what would your assessment be on if this criminal referral from the committee could potentially help fuel claims from donald trump's allies that this whole thing is a political, what is the word they like to use, which aren't, right. a political process. would you be concerned about that. should folks be concerned about this, that this referral can work against the doj. >> not necessarily, i think is important understand, again, the doj doesn't need congressman -- a grand jury or an indictment to prosecute the former president. the right and those people who are continuing to align themselves with donald trump, they're narratives not gonna change. so from jack smith's perspective, rather, he is gonna continue to do what he needs to do as a prosecutor. and keep in mind, there are multiple avenues of investigation that our current.

we don't know what the special counsel, jack smith is up to. but - counsel, jack smith is up to. charging a former president? may be what we have heard over the course of these hearings has framed for the doj, the possibility that they could charge a former president? i actually think that regardless of what _ actually think that regardless of what the — actually think that regardless of what the public perception is, the committee has amassed a mountain of evidence _ committee has amassed a mountain of evidence showing criminality, not 'ust evidence showing criminality, not just from — evidence showing criminality, not just from the former president but people _ just from the former president but people around him. what was striking was that— people around him. what was striking was that we _ people around him. what was striking was that we saw some new evidence unveiled _ was that we saw some new evidence unveiled. there was a video of hope hicks. _ unveiled. there was a video of hope hicks. the _ unveiled. there was a video of hope hicks, the counsellor of the former president

we want to talk about what's happening with jack smith with the attorney general. adam schiff, as you know, just in the last 24 hours, expressed impatience, shall we say, with doj. so they're certainly pushing them with this report by releasing all of the evidence that they've collected. >> that's right. it sort of turns on whose perspective you use to think about this. if you're looking at it from the perspective of the congress, it's symbolic and it's momentus and important. if you're talking about it from the perspective of the department of justice, it's somewhere between meaningless and completely meaningless. they don't need referrals from anybody in order to bring charges against somebody who's committed a crime. so i think of it as a former prosecutor as someone who served at the department of justice as something i wouldn't want from the congress. it doesn't help me do my work. it has of no ef dench yar value. substantive value or procedural value. again, ali said this nicely and framed it well. this committee has been putting things in the public record.

there is new prosecutors jack smith. members of the committee will join us next.n us next i'd like to thank our sponsor liberty mutual. they customize your car insurance, so you only pay for what you need. contestants ready? go! only pay for what you need. jingle: liberty. liberty. liberty. liberty. announcer: type 2 diabetes? only pay for what you need. discover the power of 3 in the ozempic® tri-zone. in my ozempic® tri-zone, i lowered my a1c, cv risk, and lost some weight. announcer: ozempic® provides powerful a1c reduction. in studies, the majority of people reached an a1c under 7 and maintained it. ozempic® lowers the risk of major cardiovascular events such as stroke, heart attack, or death in adults also with known heart disease. and you may lose weight. adults lost up to 14 pounds. ozempic® isn't for people with type 1 diabetes. don't share needles or pens, or reuse needles. don't take ozempic® if you or your family ever had medullary thyroid cancer, or have multiple endocrine neoplasia syndrome type 2, or if allergic to it. stop ozempic® and get medical h

for jack smith, he'll be seeing it for the first time. >> there's also some other news out of jack smith's office and, again, they have these two different cases which were confirmed by merrick garland, when he announced the appointment. these had to do with the fake electors, and these are subpoenas that have been issued. in arizona, michigan and wisconsin, seeking any or all communication with trump and his campaign and allies pertaining to the attempts to overturn the election in the states. i have to say, what struck me about that headline, harry, was those have not been issued yet? it does seem like that would have been near the top of the list when you're starting to investigate this in some sort of criminal sense in the court of justice to get those out the door? b exactly Ãthat will have a exactly who they had communications east persons phony electors probe. plotters, donald tru remain safely in his re consequences the speacongressmat should be done ahead. ean, giuani, sydney el sible suspects or pe erest in the phony electorsbe >> harry l and mar mccordring tlth of expertisside t

it's what this does to jack smith's investigation.pecial counsel, you now have been handed this on a golden platter. you have three very conservative judges saying essentially, you're investigations legitimate. you can go forward. trump banked on the reverse. he had hoped that they would slow, or stop, or stymie -- this investigation, and all he got was 18 pages -- no way, this investigation is legitimate, and it's gonna go forward -- these very serious crimes. >> the answer is no, donald. trump charlie to that end and neil's point, what does this do to jack smith in the special counsel timeline? >> well, certainly, it takes the handcuffs off. he'd already been freed by the 11th circuit. to use before he got there for the people he's now supervising are free to use the hundred three documents marked in the investigation. now there's no more feathers are there will be no more factors for the seven-day period a lapses to using the other sort of 13,000 pages of stuff. that's evidence about what this was being stored with, who had access

legally speaking i will say merrick garland and jack smith, they're not going to weigh the political wins here. the whole reason they have jack smith is whatever decision he makes -- special counsel -- he can take the blowback one way or the other. if you look at merrick garland's career historically, this is not a political animal. he's a judge, the consummate attorney. jack smith will look at those same facts and make the decision regardless of where the political winds are. the political ramifications will likely happen on the campaign trail, not necessarily in jack smith's office, wherever he is sitting right now in europe. >> i'm not a lawyer here. i think it depends on what they can prove. can they prove insurrection? that's really tough. can they prove obstruction of a congressional proceeding? >> to don's point, important to view it through all that is happening to trump this week. this is not the only thing. he's got all these other investigations we've been covering. lawmakers have his tax returns. all of that when we look at a broader scope, what does it mean for someone l

they resoundingly unanimously agreed with jack smith and the doj.he overwhelming majority of legal scholars weighed in on this. they wrote quote, this appeal requires us to consider whether the district court had jurisdiction, the power, to block the united states from using lawfully seized records in a criminal investigation. the answer is no. you need a lottery to understand what they're saying, pretty straightforward. the panel vindicated everyone who side, that judge cannon's ruling was lawless, reckless, out of nowhere and unjustified. and that despite foot stopping protestation from donald trump on his knock off twitter, the reputations by his lawyers in court, the evidence taken from mar-a-lago was lawfully seized. it's just the way it works. they had a valid search warrant. in the investigation of a crime, they found evidence to pertain to that crime, end of story. what all this means, is the game of keep away that trump's lawyers, and honestly judge cannon. it's over. special counsel jack smith and his team have full access to the evidence.

this guy, jack smith to be the special counsel here. so is it up to jack smith? whether charges are filed or is it up to merrick garland? what what's the deal the special prosecutor? well, under the under this and the special prosecutor statute. >> the special prosecutor has essentially the discretion to do and whether or not based they go to the make that finding that to the attorney general before they go forward? i think it's a matter between the special prosecutor and the general. but under the special counsel statute, they have the authority to independently to bring in action against for missus. expect, for example, one of the things that none of us really fallen very much was that special counsel barr pointed toward the end of a stir. but when it went after the michael steele to for a lot of charges lost every single one of them. it was well beyond the time that barr was in office. so this person, i think the name anymore went off on his own file charges when federal court what the trial lost. time moves on. jack smith can do the same thing. you can find h

how does that fit in with jack smith? how does it not fit in with -- how does that sort of separation work? >> suspect the justice department is hesitant to look at criminal charges for them. they'll look at this as an internal matter for congress. if they really want to take actions against the house they could have pursued ethics committee charges. so i think while they may look seriously at criminal charges at some referrals, the department would look to congress and say you have a duty in your own -- you have a duty in the first instance to police misconduct by own members yourself. >> i wonder how -- the committee is a specific animal in so far as so much of the work was made public. the hearings were prime time televised events. we talked a lot about them on this show and this network. the american public hardened them. there is a fair amount of pressure on the doj to do something here and follow up on congress' recommendations in some meaningful fashion if for nothing else the american public will demand it. and if

expect a lot more questions out of special counsel jack smith about mark meadows, and it's coming as a member of the january 6th committee is saying trump will likely be indicted by the department of justice. >> it's just wrong to send hundreds of vultures to jail and leave the clear kingpin unprosecuted. >> and if the attorney general does not sign-off on the criminal charges you've referred what would be your reaction? >> i would just be surprised if that happened. i mean it's so clear that he intended to interfere with a federal proceeding. >> for a few weeks now the 1/6 committee actually has been sharing evidence with jack smith who was running the federal investigation as special counsel. ultimately, though, any decision to indict will be on attorney general merrick garland. here's what ari had to say about that after the final report was released. >> that's the road map, runs across 845 pages. it is a road paved with facts, receipts, evidence, and testimony. and remember it's not from critics or outside observers. some of the strongest most damning evidence is from donald trum

the investigation is now in the hands of special counsel jack smith. >> katie y tur, thank you for ttor of the "washington post" and msnbc analyst paul butler, professor at georgetown school of law. great to see you paul, knowing what we now know laying it out clearly, right, in this report what do you expect jack smith and doj have already found out, want to know? as they move towards a decision on whether or not to charge? >> so they've been actively using the federal grand jury so the special counsel probably knows much of what's in the final report from the house, but what prosecutors are doing right now is evaluating whether this very incriminating report can actually be translated to an indictment and prosecution of the former president one example of the difficulty is thinking about the incitement to insurrection the most difficult to prove of the crimes the committee recommended trump be prosecuted for. the report includes some really interesting potential evidence for example, in the middle of the insurrection whun of trump's aides texted, i'm sure loving this testified befo

. >> and this is all under the purview of new special counsel jack smith.t does that tell you as far as the speed with which he was caught up to the case? >> yeah, on the day that merrick garland announced this special counsel, his statement and jack smith's written statement both stressed that this will not slow things down. we're aware of the need for speed here. and they have lived up to that. it is quite clear. this investigation has not skipped a beat. we've seen subpoenas going out, we've seen jack smith endorsing some of the briefs that doj has put in and we're seeing doj move aggressively on this as well. and it appears that jack smith is doing what new prosecutors do all the time, which is you catch up on the fly, you let the cops and prosecutors on the case continue to do their work. if anything, this case has sped up to some extent since jack smith came on board. >> do you expect that he will press for more search warrants given the revelation there were two more classified documents found in a storage facility in florida. >> i guarantee you they

jack smith, special counsel, is investigating it. this newer grand jury can take evidence. at the end of the day, hazardous talked about a couple minutes ago, doj has to decide. >> they're doing their work. peter, the house committee's work is officially done on december 31st. do you think chuck schumer will have a senate committee take over the investigation? >> well, you know, [inaudible] i hadn't heard that. i think they've been more than happy about the house. they can lean on. this senate has more than enough hassles of trying to manage 51 to 49, 51 to 40. nine however you want to count the majority going into this new congress with. no, i think there are specific things that are left unanswered in this report that tells us that there are real holes that need to be looked at. it's possible. senator would want to pick that up in a discreet investigation with aspects of it. i think broadly speaking, everyone understands. this is now a married garland question. the facts are gonna be out there. it'll be a report that is delivered. question is what you do about it. is ther

jack smith seems to be the perfect person that we have been sent at this moment in time.fessor, it is not only president trumpho has got these criminal charges referred against him, also his lawyer john eastman. can you talk about the significance of this? >> yeah, there's a little sub seen in authoritarian history as the lawyers of authoritarians, and many of them go to jail. but it is very important -- they chose not to investigate the role of institutions. fbi, dilution of duty. it is important to have broadened the scope because this was not just a violent insurrection, but in a elite -- elites are important at pulling off coups and eastman was one of the minds of the coup and connected to the tremont institute. when you look back in history, need this kind of buy-in on the elite to haveeep areas and come up with plans that then get plummeted by the chief instigator. pleased to see the name eastman. amy: weissman, also referring to the ethics committee, those congressmembers, this bipartisan committees colleagues, who refuse to participate in what so many others -- re

but i think that jack smith is putting his head down and doing his own thing. as a certain of these matters he is just digging in. some of these grand jury subpoenas suggest that the january 6th investigation, his, in an early stage and i think he'll make sure he has a case and carefully assemble the evidence. if there's a case he's bring up but nothing under pressure. >> do you believe feds in this instance will benefit from the road map that january 6, the committee, provided? will they rely on some of that investigation and might that be the real impact here? >> yeah. i think the impact will be the evidence assembled. i really think that based on some of the public reporting, michael, the justice department was pretty far behind the committee at one point regarding the investigation, and i think it's really unconscionable and a slap, i think, in the department's face that congress interviewed cassidy hutchison, for example, before the justice department did. i don't know how that happened and shouldn't have happened. this was an apparent crime and really sho

sources say jack smith and his teams of prosecutors are looking at trump's state of mind after the 2020 election. including what he specifically knew about any plans to storm the capitol and potentially interrupt the transfer of power. sarah murray starts off our coverage with more insights into the special council's investigation, including a brand-new subpoena to a top elections official. >> also reminded her. >> jack smith speeding ahead with a pair of criminal probes around former president trump. >> he promised to the american people in his own statement that there would be no pause or hiccup in this work and i understand that is exactly what's going on now. >> prosecutors in the mar-a-lago documents case taking an aggressive approach as they asked a judge to hold trump in contempt for failing to comply with a subpoena over the summer, demanding -- >> it is the document hoax. >> doj hitting a setback as the judge refused to hold trump in contempt, but notching a victory as the third party review of documents comes to an island. the judge dismissing the case today, giving doj access

how could that play into jack smith's investigation? and who potentially could be touched by that?ok i did the breach. and then also nbc's own reporting. you know, we revealed for the first time with one of the pieces of evidence the committee had found was that there was this nine second phone call plays from the white house switchboard to a convicted rioter. the phone team also found that, you know, kelly sorrell, a pretty high ranking member of the oath keepers had communicated with the white house. when your colleagues at nbc spoke with sorrell, she revealed she was in touch with andrew giuliani, son of rudy giuliani, president trump lawyer and at the time a white house official. this is a pretty dramatic example of the evidence we do know about shows all these various characters, all these various plots, that is katie pointed out, are sort of part of your natural prosecutorial procedure are linked. when you start to scratch the surface, you know, people from the white house fall out. people from congress fallout. and now the justice department has moved towards the higher leve

now, whether jack smith will have some new evidence we'll have to see. but if i were defense counsel for president trump, my eyes would still remain fixed on mar-a-lago. i don't see this as much of a threat of something that could be actually defended at trial or on appeal. >> john: jonathan, andy, martha, stand by. a quick break on the other side. would a democratic white house really seek to prevent a former republican president from seeking public office ever again. we'll be right back. as an independent financial advisor, i stand by these promises: i promise to be a careful steward of the things that matter to you most. i promise to bring you advice that fits your values. i promise our relationship will be one of trust and transparency. as a fiduciary, i promise to put your interests first, always. charles schwab is proud to support the independent financial advisors who are passionately dedicated to helping people achieve their financial goals. visit findyourindependentadvisor.com trelegy for copd. ♪ birds flyin' high, you know how i feel. ♪ ♪ breez

organization or the person behind it to do the right thing. >> harry lippman, litman to the same point, jack smith team, we got two teams won investigating january six, one investigating the documents case. federal prosecutors, put yourself back there in your own job as a federal prosecutor. you are on the jacks mid-team. how do you feel when those new york, those new york critics are unrelated as a matter of evidence they're -- unrelated to what you're investigatin team right now int the deftrumph evidenwe're that america anour frequent guest, ne others sthat t and the speech wer your questions tbury, theret they plowed througth tenhours. and think iput wind and th to say, when th attention isront a of course all the othe idencey're garnering i grand ry of direct knowlespecially from now cipollon and phiin we'rgonna to show jury igoing that trump -- we kthat he did alth uct, what about a stof yeah, they'ra see ithe knew andn that's what have - i k that tll definitely ha spring i thstep and more read toard as a result. d convhadn't gon sohey woulhave been so mue nail-biting at thedoj tod g. harry

trying to prevent the transfer of power,, meantime sources say newly appointed special counsel jack smithmoving fast on a pair of criminal probes into trump including one related to the insurrection earlier i spoke in the tasha lindstaedt a professor of government at the university of the essex, and i asked her what she made of the january 6th meeting on sunday. >> i think this is a sign that donald trump his luck is running out. the congress is moving to push to indict trump, to suggest that trump is indicted. i think we've always seen that there are these norms that you can't indict former presidents are sitting presidents and that has really insulated trump from different sorts of prosecution. but i think the house is making a very clear, that criminal action has taken place. they tried to overturn an election and this wasn't sort of a spontaneous thing and he needs to be held accountable. he's been really reticent so far to really make him accountable for some of his actions, but were seen with some of the legal results have been taking place, and also the fact that the trump organiza

jack smith does, that he is going at donald trump with with the documents. this is just one of them, the contempt. >> yeah, so one is contempt, another is a search warrant for other places. remember, trump's a rich guy who has access to lots of property where he can stashed off. the prosecutors would have to have probable cause to think that classified documents are at a specific place. so the same time that they are working on this contempt, which could take a while, they are also working witnesses in the grand jury to see if they can get this probable cause which would allow search warrants which would do places like his properties new jersey and new york. >> i know everyone in the audience, millions of people across the country are thinking, so you go into his florida residence and find a giant pile of this stuff. why is that not, in and of itself, probable cause that he would have other piles attitudes other homes. >> they would have to demonstrate that there is probable cause to believe that the evidence of a crime at these other locations. that does no

organization or the person behind it to do the right thing. >> harry lippman, litman to the same point, jack smith team, we got two teams won investigating january six, one investigating the documents case. federal prosecutors, put yourself back there in your own job as a federal prosecutor. you are on the jacks mid-team. how do you feel when those new york, those new york critics are unrelated as a matter of evidence they're -- unrelated to what you're investigating. but how do you feel on those new york criminal verdicts come in? >> pretty much like barry, i'm ready to volunteer with this team right now into the closing arguments! [laughter] >> look, at the trial itself, trump became an issue because the defense came forward and said, you know, this is at the organization trial. trump came forward, said oh trump didn't know, and the others said that they did. and the speech -- to answer your questions to bury, there was a tricky little legal point and i thought that there was barely speed. they plowed through with ten hours. and yes, i think it put winds and that sails to say, when the attention

. >>> new cnn reporting this morning, the newly appointed special counsel jack smith is according to cnn reporting moving full speed ahead, in charge of two criminal probes involving the former president donald trump, he's already making a series of high-profile moves. we have the details and what they mean. n 16 states. whiteouts and blizzard conditions expected out west, severe weather with high winds and tornadoes in the south as well. we will be live in the cnn weather center with the latest. will we get some snow? >> a lot of snow. >>> first let's begin with that new cnn reporting. newly appointed special counsel jack smith moving fast on a pair of criminal probes around former president donald trump. >> cnn senior crime and justice reporter katelyn polantz. this was a big appointment here, there is now a special counsel, there was some talk about whether this would slow things down, you have a new boss in charge, but you're saying that's not happening. >> yeah, there's speed here and also focus. as far as our understanding is we had a whole reporting team looking into how this