back with me preet bharara, david axelrod, and david gergen. preet, you first.see the abject lying and deception involved at all levels. and there has been zero accountability. should merrick garland be doing more to hold the planners and organizers of the insurrection accountable? >> well, you know, we don't know what all he's doing. we don't know what's happening behind the scenes. what we know is a process that began before he even was in office was to arrest, investigate, prosecute hundreds of people who were involved in the insurrection at various levels. there is some concern that the department of justice may not be looking at the highest level individuals, mark meadows, donald trump and others, but we don't know that because there may be a lot of things going on behind the scenes, may be evidence being collected from some of the other people who have been arrested and may be cooperating, so we don't know. the other thing by the way is, you know, two things can happen at once. the department of justice is in the business of prosecuting people and holding

how does this sound to you, preet? >> it sounds bad. a lot of folks try to separate the events of january 6th, the insurrection that happened on january 6th, the violence that happened on january 6th from all the days that came before, and you can't do that. one of the things i think the select committee of january 6th is doing well as you pointed out in the opening is telling a story that all the things that happened from the election up until january 6th are a seamless narrative that makes sense. and so things happen on january 6th, sure, but the foundation that was laid for january 6th, you know, lay in some of the things that have just been reported by "the new york times" that you mentioned but even further back, you know, there was a plan to lay a foundation for a lie even before the election results came in, and all of that goes together. there are a lot of people who have been complicit, and what i find remarkable is we're sitting on this tv show, you know, with some understanding of what we were going to discuss, and there's br

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so what is interesting to me is that in 2020, when preet bharara was no longer under the glare, he called be defined and they feel sorry for the mark participants. so my question is, if you thought it was murky in 2020, how did you convict 80 people in 2010 in now, let me explain. i do accept the verdict of the jury as an american citizen. it's the bedrock of american justice, what i'm trying to convey here, there needs to be checks an balances >> so are you suggesting that quote and quote tip my insider case effectively, being the tippy should be considered legal? are you suggesting you were the tippy? >> no. you have a tipper. what i am marily saying what the second circuit found that the tippee should know that an insider violates his fish ducia responsibility and benefit that's how the second circuit ruled. >> i understand that, today are you now saying or accepting that you were provided with information by a tipper as the tippee >> i didn't understand that at that time. think about it, as a hedge fund manager, a large hedge fund manager, you get hundreds of calls a week bits of info

we bring in cnn analyst and former prosecutor preet bharara.utor, how important could clark's testimony actually be? >> i think it's pretty important. as you point out, he was a behind-the-scenes figuring name not well known but figured prom ne prominently behind the scenes even when the acting attorney general and deputy attorney general were casting him away and his conspiracies on the side with the then president of the united states to try to undo the election in georgia and in other places. it's been reported he had direct commun communications with donald trump and officials in georgia and other places. i think his testimony is pretty on point. >> you're pleading the fifth because you don't want to implicate yourself. does anything you've seen or heard about what jeffrey clark did constitute any kind of crime? >> there could be. that's why people are looking at it. there's a district attorney in fulton county georgia looking at charges and liability up to including potentially the former president of the united states. some people invoke

we're very comfortable getting together because we know in our small family unit that we are taking preet cautions that we're not getting each other sick. if you're venturing into places around people you don't know their status, if they're infected or not or vaccinated or not, absolutely need to be testing and taking as many precautions as possible so you don't end up spreading it to other folks. if you're going to live in the woods and not be around the rest of us ever on planes, on busses and in stores, absolutely. you cannot catch this virus by never being in contact with other people. that's not realistic. where i work and live, some people do live that way and have for a while and that's just a reality, social distancing is part of life. but for everyone else, it's inevitable that you will come in contact with the virus and the more times you do the more likely you are to get sick. in our experience, 98% of the people in intensive care are unvaccinated covid patients. over 90% of the people in the hospital in general with covid are unvaccinated. i think we need mandates. we need to

preet bharara, thanks so much. >> thanks, pamela. >>> up next, the omicron variant breaking through theghest covid-19 protocols and derailing the return of live professional sports. we will tell you who is affected. >>> the covid surge now the biggest test yet for the biden administration. >> for unvaccinated, we are looking at a winter of severe illness and death, for unvaccinated. >> why the vice president says the white house didn't see these variants coming. >>> and in europe, the mayor of london declaring a major incident as the netherlands enforces strict new lockdown measures. you're in the "cnn newsroom." we will be right back. easy so last minute guests are the only thing you'll be waiting on ♪ ♪ joy. fully. i brought in ensure max protein, with thirty grams of protein. those who tried me felt more energy in just two weeks! (sighs wearily) here i'll take that! (excited yell) woo-hoo! ensure max protein. with thirty grams of protein, one gram of sugar, and nutrients to support immune health. bye mom. my helpers abound, i'll need you today. our sleigh is now ready, let's get on o

legislature approved a mandate, you feel like you've had your say >> well, i would like to see what the preet, that's okay i'd like to get both of your take on the difference between the two administrations here because you know, mick, you are talking about president biden's comments yesterday there is no federal solution it's up to the states and governors to craft policies that wok for their constituents there. and the journal makes the argument that that essentially undercuts the argument for this vaccine mandate when president trump was in office, his administration really embraced almost a fema mantra of federally supported state managed locally executed but i am wondering if you guys think the trump administration missed a federal solution to should have been implemented earlier on and the biden administration has missed one as well, if there is one. anthony, i'll start with you >> i obviously think that and the election was very close president trump lost by 40,000 vote if you look at those couple of swing states had he have been a life president and he had been focused on the health a