the windsor closed captioning is brought to you by ucar, help maintain a healthy urinary tract with you, cora having utis for ten years, you cora, we make uti relief products. >> we also make proactive year urinary tract health product. you, cora, is a nicely tried today at you for a.com, weeknight today tonight are three, 60 new reporting to get the full story to fight. how important is that? >> be unafraid, you have reasonable grounds to believe that alleged war crimes have been committed have compassion. >> and that's real trauma why would you have been through seek the truth is israel in

full control of its territory? >> and go with a search for answers takes you anderson cooper, 360, weeknight today on cnn welcome to the whole story. >> i'm anderson cooper last week, former president donald trump asked the supreme court to take up the issue of presidential immunity further delaying his federal criminal trial related to the 2020 election in the january for six attack on the capitol now the claim was already heard and rejected by a federal appeals court. it's now up to the highest court to decide to take the case or to let the ruling stand clear the way for this trial to begin. now the timing is crucial because the former president is likely to become the republican nominee and he wants to delay the trial until after voters head to the polls in november charged with four counts of obstruction and conspiracy. but what exactly is he accused of doing to subvert the election? and is it his actions that matter or his intent? over the next hour, cnn

anchor and chief legal analyst laura coates, we'll lay out the facts. the federal indictment, most of which are undisputed by the former president and his attorneys. and examine the strengths and the weaknesses of the case against him. >> today. >> an indictment was unsealed, charging donald j. trump with conspiring to defraud the united states conspiring to disenfranchise voters and conspiring and attempting to obstruct an official proceeding the attack on our nation's capital on january 6, 2021 was an unprecedented assault. c-cl american democracy it was fueled by lies in august 2023, less than a year after attorney general merrick garland appointed jack smith as special counsel to investigate donald

trump the former president was indicted on federal felony charges stemming from his efforts to overturn the 2020 presidential election. >> if you count the legal votes i easily win numerous times we found glitches and every single time that lh went 100% the biden trump has pleaded not guilty to all charges this indictment told her very cohesive story that former president trump was responsible for the conspiracy to tell american public that the election had been stolen. >> big difference between losing winning, and having it stolen. >> that he used various mechanisms to push forward that big lie. and that it led to the attack on the capitol out of the gate page, one of the federal criminal indictment begins with a statement that donald trump has spent the past three years denying. the very first thing they said, donald trump lost the election. >> that's the first statement

and even before outlining the criminal charges, the special counsel chose to address trump's claim that the government has infringed on his first amendment right to free speech the cases is a ridiculous cases. >> the first amendment case, a special counsel makes it very clear that the words that more president trump said he is it is allowed to save them but they can be used as evidenced to show intent. they can be used in court. >> trump is charged with four felonies emanating from one set of facts established in the criminal indictment. >> the first one is a conspiracy to defraud the united states, essentially a conspiracy who steal the election from the united states and from the voters. the second and the third charts are obstruction and conspiracy to commit obstruction. and the just there as that donald trump's goal who wants to try to block or delay the counting of the electoral votes in congress then the fourth charge is a conspiracy against rights,

which specifically means a conspiracy to deprive the american voters of there, right to vote because he tried to steal flexion. that he actually had lost. >> we fight we fight like hell. >> one crime. trump has not been charged with. >> we will stop the still insurrection i think jack smith wanted to keep his charges as straightforward and plain as possible. >> i think he realized that insurrection is harder to prove than obstruction or conspiracy to have to prove this intent to overthrow the united states government jack smith's indictment has only four counts what's behind that straight to the heart, like a cannon ball and the heart here is donald trump, not the people around him, not the people in the state state, which may explain why the indictment includes six unnamed unindicted coconspirators from trump's orbit even though the coconspirators are not named, the descriptors are specific

enough to clearly reveal most, if not all, of their identities there are other reasons why jack smith may have declined to pursue indictments against the coconspirators. >> i do think one of the goals that jack smith had in charging the case, the way he did is to try to flip others like tim parlatore want to trump's former attorneys point to speed. >> jack smith clearly wants to get this case tried before the election. there's no way that jack smith is going to add a codefendant to this case because that will definitely push the trial out. past the election with this trial, time is of the essence donald trump is the presumed republican nominee for president jackson smith for all the pushing he's done to try this case as quickly as possible. he has never and i believe we'll never acknowledged that he wants to try trump specifically before the election. i think he doesn't want that appearance of anything that might be interpreted as being political the 45 page indictment alleges

in stunning detail exactly what donald trump did to remain in power much of which the american public is familiar with from the january 6 committees investigation, president trump relentlessly pursued multiple the department of justice was able to take what we did and they had some more tools, they add some more ways to compel witnesses. >> and i think they have a lot more information. >> everything we've been learning has been in sort of dribs and drabs and reports with the exception of when jack smith filed things special counsel, jack smith plans to present evidence, filings have tipped the public off to previously unknown aspects of the case, like allegations that a trump campaign employee sought to start a riot two boat obstruct the vote count in detroit. is it safe to say that the indictment is the tip of an iceberg and what they're really preparing to present at trial i

think it is safe to say that the indictment is exactly that that it gives us a little bit of a vantage point. he wanted to tell a story, but i think at johns i'm sure after juncture, smith has earned on the side of staying sphinx like and not revealing which tracks with the special counsel's reputation. >> i've never seen a prosecutor who hates the camera as much as jack smith. and i mean that as a compliment tonic ideal of the prosecutor would be somebody who has no interest in public profile, who just wants to keep his head down and do job. i think jack smith is that he certainly projecting that jack smith by reputation is a hard driving prosecutor to you. >> ryan goodman a former special counsel at the department of defense, and a professor at nyu. >> he has gone after a political corruption on both sides of the aisle democrats and republicans, he is also somebody who served as a war crimes prosecutor and has indicted a sitting president in kosovo so here's that kind of an individual that moves fast

and moves aggressively at the same time that also might come with some risks why is there some criticism that he overreaches? well, if you look at jack smith's history, his three highest cases for this, all of them have failed either at the trial level or the appellate level. and so the criticism is, well, he's overeager, he's over anxious what is going to be one of the toughest hurdles for jack smith's team to overcome everything in this case will turn on what donald trump's state of mind is and whether there was corrupt intent. all the facts they play down on national television the speeches have been played millions of times. >> here in georgia, there were tens of thousands of illegal votes cast. >> so there's not gonna be that much in the way of district feuded issues of fact, but it's more of an interpretation. >> our lecture was so corrupt that in the history of this country, we've never seen anything like it ultimately, the way that this case is going when have to be framed to a jury is the difference between

trying to fraudulently overturn the will of the people verdict this is trying to do everything in your power to ensure that the will of the people was accurately counted we know hi, there was massive fraud. the prosecution alleges that trump's spread prolific lies about the election lies they say he knew were false. >> the indictment sites and exhaustive list of those surrounding the former president who told trump that his claims were untrue even mike pence, trump's loyal vice president, told the then president he had seen no evidence of outcome determinative fraud why is that so important? it's important to lay out that the former president was told that he had lost the election because it goes back to that intent piece. it's important for the special counsel to establish that former president trump knew or that are reasonable person would have known that they lost

the election. >> i'd we're going to the capitol it is sent control because the fact that he knew means that all these things that happen leading up to january 6 and on january 6 had an intended goal, hadn't intended purpose, hadn't intended outcome. >> and that purpose was frankly the overthrow of the federal government and the invalidation of a legitimate election by the people, the united states of america that's chile coming up in the legislature gets to do what it wants. >> had this rogue legal theory, there's overwhelming proof for fraud. >> the pressure campaign hits the swing states. >> it was a total ambush wasn't livid trees don't have hearts but they do have something like a heartbeat every night three gets a little bit bigger and every day that

actually shrinks just a teeny bit. and that motion which has less than a human hair, is what we measure with the tree tag all right. so i'm gonna go ahead and put these two tree tags so let's his route 21 tree nine trees are the lungs of the planet with the plan, our mission is to help keep the world's trees healthy think of us as a connector for the tree universe to the cloud and to ai from being people on a planet to being actually the caretakers of the planet is something that i feel really he passionately about engineered to minimize noise. and built for adventure which can also be

your own quiet kanban in the ones the fully electric qa hr in electric vehicle that recharges, you how we get there? matters look, things may seem fine now, there that you need to watch out with diseases to how be okay. >> does this look okay how do i protect myself but didn't use scott's health plus lawn food. it's the on the product appearance, 27 diseases are feeding a grass to help keep your own healthy this season wanted to show you how to put it on no, i think i know how to use a spreader, pick up a bag of the new scats terp, build your healthy plus lawn through today weeknight sedate tonight are three, 60 new reporting to get the full story. >> but it will to fight how important is that be unafraid, you have reasonable grounds to

believe that alleged war crimes have been committed have compassion, and that's real trauma. >> would you have been seek truth is israel in full? control of its territory and go with a search for answers takes you anderson cooper three, 60 weeknight today on cnn it was hello and of pressure on my colleagues on the republican side of the aisle to start in motion, something that would lead to donald trump being able to overturn the election by the time georgia state senator elaine apparent attended a meeting at the state capitol on december 3, 2020. >> joe biden had already been declared the winner. >> she wondered why her peers across the aisle had hastily

convened this meeting. >> i feared that we were going to be walking into an amplification of disinformation and conspiracy theories. >> and the de feature vote called the subcommittee of the judiciary to order ostensibly the meeting was called to address allegations there's a fraud in the presidential election the reality was much darker were you expecting to see members of trump's legal team at that meeting? not at all. it was a total ambush and i was livid the election must be vacated and cannot be allowed to stand members of the president's legal team pushed wild unsubstantiated claims. some of the most shocking were shown in a video. trump's team falsely claimed that video was evidenced of fraud from election night ballot counting at the state farm arena in atlanta. >> once everyone is gone, coaston clear they are going to pull ballots out from

underneath a table and former new york city mayor rudy giuliani was there supporting the claims well, i don't have to be a genius to figure out what happened as the meeting unfolded, trump tweeted about the hearing amplifying the lies to his tens of millions of followers and then another member of the trump legal team pushed a theory that took the meeting into dangerous new territory my name is john eastman. >> i'm a professor of constitutional law and former he had this rogue legal theory that if the legislature felt odd about the results of the election, it was argued it to seize the decision on who georgia's electoral votes should go to, correct me if i'm wrong here, your argument is that essentially we have a

failed election that would require the legislature to step in and assign electors. >> am i correct? >> yes. >> and that's when the purpose of the meeting became clear they thought that they could get officials there to call a special session throughout their electors. >> and appoint a on alternate set of electricity or fake electors urine attorney? >> yes. what did you make a bet legal argument i thought it was totally bogus because it was very clear under georgia law that we had no such power during the hearing. >> parent tweeted about being forced to listen to the trump team's conspiracy theories all of a sudden, i was going viral in these right-wing segments of twitter you would bring threatened. >> oh yeah. >> right away. right away. death threats, right away? >> state senator parent wasn't alone defending georgia's free

and fair election other georgia officials like governor brian kemp and attorney general chris carr, fielded in treaties from the president audio from secretary of state brad raffensperger is our long phone call with the president was leaked. >> i want to do is this. i just want to find 11,780 votes, which is one more than we have because we won the state you got to see a window into donald trump's heart he was willing to just push without facts or figures in elected official to do something illegal according to the indictment, georgia wasn't the only state targeted by trump. and his allies across other crucial swing states. similar effort to overturn the election were occurring time and time again. trump and his

cohorts were stymied by local politicians many times, fellow republicans, like former arizona house speaker rusty bowers, who got a call from trump and julian dani. >> you said that there is a legal theory are illegal ability in arizona that you can remove the electors of president biden and replace them. and i said, i've never heard of any such thing. >> trump also invited michigan republicans to the white house, where he raised already debunked theories about fraud in their state. >> did you make the point to the president that you were not going to do anything that violated michigan law? >> i believe we did. i think that the words that i would have more likely use is we're going to follow the law when it became clear, the pressure on the state and local officials was going to be unsuccessful. >> trump and his allies set their sights on a new goal

replacing the biden electors with those who would vote for trump at some stage, the fake electors plot might have actually been somewhat legitimate well, assisting with trump campaigns, legal efforts in wisconsin and attorney by the name of kenneth chesebro wrote a memo. >> the memo advocated electors for trump should meet and cast votes for the then president while the legitimate electors were doing the same for biden they wanted to file these documents on the idea that in case donald trump were to prevail and litigation then they could submit those certificates to congress the problem is that it's switched at a certain important from contingent electors to false electors state and federal judges dismissed more than 50 lawsuits presented by trump's team challenging the election instead of the trump electors

voting as a contingency should court cases prevail court cases became the cover to organize the electors it was a farce, it was just to keep the image up of the idea that this is being litigated in court, and therefore, it's legitimate and it was not legitimate. >> they knew that they weren't going to win the campaign was central to this effort. because you can't pull this off without the apparatus of the political campaign four days before the electors were scheduled to vote. kenneth chesebro sent the targeted states a streamlined version of the fake electors memo, and tractions and bogus electorate he had drafted a lot of these false electors at the state level were duped. >> they were told that it was contingent on litigation, but they were being lied to the facility paper voting when legitimate electors in each

state gathered on december 14, 2020, all 16 electors cast their ballots for joseph r. by biden fake electors met in seven swing states to falsify votes for trump from the state of arizona. >> here by certified this is an organized effort to do something illegal to change the outcome of reality if somebody would have produced one ounce of legitimate proof that the election was rigged, all this is just called melt away in a heartbeat. but they haven't chesbrough has since pleaded guilty to one felony in georgia for his role in the fake elector scheme. >> and is cooperating in another case in nevada up next, the justice department under siege donald trump was so desperate to hold onto power that he didn't care about the rules tomorrow.

>> story. >> the debate over transgender athletes. >> i believed they needed to sacrifice being trans in order to swim. we can't collect fairness and hopes to be inclusive the whole story with anderson cooper tomorrow at eight on cnn. hey, there, brenda it's carroll exactly. so which like are we operating on? >> you mean arm? >> it's all connected. asking the right question, can greatly impact your future. >> you share your an orthopedist actually, i'm a sagittarius, especially when it comes to your finances. give a question or us certified financial planner yes. i'm a cfp professional cop professionals are committed to acting in your best interest. >> that's why it's gotta be a cfb bind your cfp professional, and let's make a plan doubt or like this wow, you want to get back for more breanna 2.9% a ap financing for up to 48 months on the gv at exclusively at your local genesis retailers.

>> they slept on me for 15 years because i collected pollen, dust, dander all that time. they could have protected me. >> mallory's mattress protectors, what, 99.9% of dirt, dust and allergens for cleaners ease had allergies finally, where you buy bedding imagine a future where plastic is not wasted. but instead remade over and over into the things that keep our food fresher our families safer and our planet cleaner to help us get there america's plastic makers are investing billions of dollars to create innovative products and new recycling technologies for sustainable change. >> because when you push for smarter solutions, week things can happen i have moderate to severe crohn's disease. now, there's sky rosie, things are looking afghans in well, at lacrosse means everything to me

feel significant symptom relief at four weeks so this guy, rosie, including less abdominal pain and fewer bowel movements, sky rosie is the first il-13 inhibitor that can deliver remission and visibly improved damage of the intestine and aligning. >> and the majority of people experienced long-lasting remission at one year. >> serious allergic reactions and an increased risk of infections or a lower ability to fight them tell your doctor if you have an infection or symptoms had a vaccine or plan to liver problems may occur in crohn's disease now's the time to ask your gaza storage just how you can take control of your crohn's width sky rosie learn how the api could help you save make your first move with battery power made by speed right no saved $50 on

the fsa 57 battery trimmer saig

and see how much you can save. >> this is a secret. >> secrets and spies premier sunday, june 2, attempt bomb cnn closed captioning is brought to you by skechers hands-free slip ends just slip in. that's all i need to do with my new hands free sketches slip ends. >> it's like slip ins have an invisible built-in shoe horn. >> so my foot slides into place. what could be better? at the department of justice, civil servants work to follow the law wherever it may lead without prejudice. or improper influence. but according to jack smith's indictment, thank you very much. donald trump attempted to wield that influence in an effort to hold

onto the presidency how do you view the level of pressure that trump placed on the department of justice? >> there's ever been anything like it because donald trump was so desperate to hold onto power that he didn't care about the royals but leadership at the department of justice did care about the rule polls and was not bending to the pressure leaders and department of justice told the former president that there was no outcome determinant fraud for them to launch sure investigation, to overturn the election. so as part of the pressure campaign and the permanent address, this this is where mr. jeffrey clark kinda rose to prominence jeffrey. clark is environmental lawyer lower level person at the department. he was a completely unremarkable figure at a january 6 committee hearing, former acting attorney general, jeffrey rosen, testified about president trump's call to him

on christmas eve give 2020, that he mentioned jeff clark's name? yes. >> was something about did i know geoff clark or did i know who he was or something like that quizzical as, to how does the president even know mr. clarke rozin confronted clark directing him to immediately stop having unauthorized contact with the white house but very next morning clark spoke on the phone again with donald trump hours later, trump phoned rozin who eventually asked then acting deputy attorney general, richard donoghue to join the call. so during this conversation, did did you take handwritten notes directly quoting the president? >> i did. >> so let's now put up the notes. where were you quote the president, just say the election was corrupt and leave the rest of me in the republican congressman. >> he wanted them to plant a

seed. >> he wanted them to at least leave the door open they told the president as long as they were in charge, they would not publicly back his false election fraud claims. >> so trump tried to ensure that they were no longer in charge he began to unveil his plan to appoint a new acting attorney general people tell me geoff clark is great. >> i should put him in the rest of the dangerous scheme would be revealed to rosen and donoghue. >> the very next day. >> in an email sent to them by trump's alleged coconspirator for jeffrey clark that included this proposed letter this is a letter that he wanted them to send to the elected officials in georgia. >> the idea was to raise questions about the election results in georgia. and suggest to the governor there to call a special session how did rosen

and donoghue respond to that letter there were shocked these were individuals who were actually responsible for looking into election security or election chen fraud or crimes of this nature. so for mr. clarke as an environmental lawyer to be willing to say this in a letter. i believe that special counsel probably has evidenced directly the point, just like we collected in the january 6 committee, that he knowingly new them to not be true what do you think the effect of that letter would have been in your legislative branch? >> it would have been another break in the dam or another domino falling in the question, i have is what breaking the dam or domino that falls over, which is the one that's going to make the rest of them go disturbed by the letter donahue immediately responded to clarke writing, quote this would be a grave step for the department to take and it could have

tremendous constitutional political, and social ramifications for the country. >> do you imagine as a local elected official or local official getting a official letter from the department of justice stressing that there were accusations and frankly evidence of corruption or evidence of votes been stolen. it would lead into another panic a new year's eve, trump's summoned rosen donoghue, and others to the oval office. >> again, he raised claims of election fraud once again, those justice department officials told him those claims were false. trump didn't hide his anger toward the end of the meeting, the president again was getting very agitated and he said, people tell me i should just get rid of both of you. i should just remove you and make a change in leadership. put geoff clark and maybe something will finally get done it wasn't long before trump did offer clark the

position of attorney general. >> and that's when clark tried one more time to get rosen and donoghue to sign the draft letter. he wanted sent to the georgia state official scholz a letter full of lies. >> so you still refuse to sign and send that letter. i take it that that's right. i think mr. donoghue and i were both i'm very consistent that there was no way we were going to sign the letter undeterred. >> clark, move forward with the scheme to keep trump in office. he accepted the presidents offer to become acting attorney general on january 3, according to the indictment of donald trump later that same afternoon, the deputy white house counsel warned clark that there was no evidence of election fraud. >> and if trump remained in office, nonetheless, there would be quote, riots every major city in the united states. to its clark responded, quote, well that's why there's an insurrection act that

evening. there was a contentious three-hour meeting with president trump in the oval office attendees included white house lawyers clark donoghue, and rosen except are some preliminaries the president turned to me and he said well, one thing we know is you rosen, you aren't gonna do anything. >> you don't even agree with the claims of election fraud and this other guy at least might do something. >> the conversation this point was really about whether the president should remove jeff rosen and replace him with geoff clark. >> and everyone in the room. i think understood that that meant that letter would go out then trump asked, suppose i replace him jeff rosen with him, geoff clark. what would you do? and i said mr.. president we resign immediately and i said mr. president within

244872 hours, you could have hundreds and hundreds of resignations of the leadership of your entire justice department because of your actions the whole plan here was to put enough doubt in people's minds to give credence to possibly overturning the election when all of the department of justice officials basically threatened to resign the former president realized that backed off of that plan and then turned his attention to january 6 up next, donald trump lied to gin up his people. you don't fight like hell you're not going to have a country anymore. >> he knew when you're surprised and upset, you're much more likely to commit violent nothing like it was ever documented. >> i thought this is all controlled and save better, raleigh miki to shoot me when i was diagnosed with hiv, i didn't know who i would be, but here i am being me keep

being you and ask your health care provider about the number one prescribed hiv treatment big tare the carvey is a complete one pill once a day treatment used for hiv in many people, whether you're 18 or any with one small pill, pick derby fights hiv to help you get to undetectable and stay there. whether you're just starting or replacing your current treatment research shows that taking hiv treatment as prescribed, getting two and staying undetectable prevents transmitting hiv. their sex serious side effects can occur, including kidney problems and kidney failure, rare life-threatening side effects include a buildup of lactic acid and liver problems to not take battarbee if you take dofetilide or rifampin, tell your health care provider about all the medicines and supplements you take. if you are pregnant or breastfeeding, or if you have kidney or liver problems, including hepatitis, if you have hepatitis this beat and that stuff, taking victory without talking to your health care provider. common side effects with diarrhea, nausea, and headache, no matter where life takes you, big tar we can go with you, talk to your healthcare provider today with the freestyle libre three system. >> know you're glucose levels.

>> no fingers six needed. >> all with the world's smallest and thinnest sensor manage your diabetes with more confidence and lawyering one, dry for free at freestyle libre.us when you have chronic kidney disease, there are places you'd like to be like here and here not so much here. >> far seeker reduces the risk of kidney failure, which can lead to dialysis are sega it can cause serious side effects, including ketoacidosis that may be fatal, dehydration, urinary tract, or genital yeast infections, and low blood sugar. a rare life-threatening in bacterial infection in the skin of the perineum could occur. stop taking far sega and call your doctor right away. if you have symptoms of this infection and allergic reaction or ketoacidosis when you have chronic kidney disease, it's time to ask your doctor for far

sega because they're places you want to be if you can't afford your medication astrazeneca may be able to help there comes a time when you realize the kitchen you used to love is ready for a refreshed light of cabinets to go design expert, help you craft the look you want with quality products in today's, does that in our styles and colors back by your transferable lifetime warranty out with the old in with the new, it's that easy from design to install. we do it all. gets zero our present abr for a limited time msaa cabinets to go.com to schedule your free design consultation today. cabinets to go, wow, for less why is it so hard to find a good pro to work on your house? what i look forward to someone who is reliable is true to their word and skillful. >> that's where angie comes in with angie find top-right faded certified pros in your area, plus compare quotes and pricing to help you get all your jobs done well, the price was ripe,

everything was done the same day with top rated certified pros and over 500 categories. angie can connect you with the right pro for any home project fellow v0 to three-to-one,

three-to-one. today what does it mean to be out front? it's going there. we are just about three miles from the gaza border. its context and so you can be outside too let's go out friday. erin burnett, outfront week nights at seven on cnn. >> i learned box on capitol hill, and this the evidence of the fraud is monumental and more is coming out just after weeks of spreading lies at the election was stolen and creating anger and resentment among his supporters. trump sent this tweet in december. big protests in dc on january 6, be there will be wild now we know there was more meaning behind those words that he

used. >> it was a very meticulous planning that was happening behind the scenes, leading up to january 6, four days later, trump retweeted and later deleted a memo titled operation pence card john eastman drafted a similar plan to have mike pence reject the election results on january 6, the day congress was set to certify biden's electoral college victory john eastman came up with a really kinda crazy legal theory where he tried to convince the vice president that he had the authority to basically declare which slate of electors is accurate or to not accept a slate of electors. the constitution is very clear that he doesn't have that authority but for trump, he was a last desperate attempt to stay in the white house there were multiple steps here. >> i mean, part of it was to

declare that there was fraud and then if you didn't do that too send it back to the states where he felt republican legislators would appoint new electors. that would then vote for him if not, that we're he knew that he was going to have supporters coming into town to try to pressure pens to do one of these things but. the president began his pressure campaign immediately trump try to coerce pants on several private phone calls even on christmas day and then there was the public pressure on pants. >> she's a great guy if he doesn't come through, i won't like it. what is much on january 5th, trump tweeted. the vice president has the power to reject fraudulently chosen electors and he released a

knowingly false public statement that the vice president and i are in total agreement donald trump lied to gin up his people because he knew what mike pence was going to do and he wanted them to be surprised and upset because when you're surprised and upset, you're much more likely to violence or to do extreme things trump increased his pressure on pens with tweet starting at 1:00 a.m. on january 6 if vice president mike pence comes through frehse, we will win the presidency based on, four years of seeing mike pence being very loyal. >> i think donald trump believe that in the end, he could get my pens to fold we're diagonals contrary back as his supporters gathered for the rally from repeated these dangerous lies

all vice president pence has to do is send it back to the states to reason certify and we become president. >> and you are the happiest people then mike pence puts out his statement that says he does not have the authority to do anything the statement came out while the president was onstage urging his supporters to march march to the capitol we fight like hell. >> and if you don't fight like hell, you're not going to have a country anymore he knows that these people were his it's most loyal followers. >> the hanging on every word of his and he told them to march to the capitol after his speech. >> trump returned to the white house. >> he was watching the television coverage. he was impressed with how big this crowd was when riders breached

the capitol trump's advisers told him to send out a message to calm the cloud he refused. >> sarah matthews was trump's deputy press secretary at the time at what point did you begin to realize? >> how dangerous this had become we started seeing those initial interactions between some of the people arriving to the capital. >> and that was the first sign okay, wait, this could really escalate and this could escalate quickly at 2:24. >> trump tweeted mike pence didn't have the courage to do what should have been done to protect our country he was putting a target on his own vice president's back. >> we thought that is pouring gasoline on the fire, right? we already had a situation that was kidding the control and the president's tweet just really inflamed it even more we can pinpoint the second that came

out, the violence massively accelerated one minute later at 2:25. >> the secret service was forced to evacuate pence to a secure location. he did not care about his safety and the thing that kills me is that the vice president's family was there at one point, the crush of the mob was only 50 ten feet away from mike pence and his small entourage not only did he just put out that tweet he also so told a witness who testified to us that in fact, donald trump said, well, maybe you should be hung for more than three hours. trump refused to tell writers to leave if the capital, despite repeated pleas from his senior advisers what did he do absolutely. >> nothing he didn't do anything for 187 minutes until

he knew he couldn't win we had an election that was stolen from us the president finally relented at 4:17 p.m. when he released a video telling the rioters to go home, this was a fraudulent election, but we can't play into the hands of these people we have to have peace so go home. >> we love you. you're very special. >> former president trump was responsible for the big lie. must respond possible for the conspiracy which led to the violence on january 6 even in the aftermath of the deadly attack on the capitol, trump and his coconut spirit. >> we're still trying to convince lawmakers to overturn the election. >> i think that they were using the violence and chaos their advantage to have more time to make calls to lawmakers and try to get them to go along with their scheme coming up the rule

of law is it sake the american democracy is at stake. >> we have never played at higher stakes a florida man is hospitalized, infected with anthrax. >> next, this became the bureau's number one crying to solve how it really happened with jesse l. martin next on cnn remember when i said when you're screened for colon cancer, was that after i texted ph two screens now 45 because i said hello, guard. they there what did he go from? yep. with me. you can screen at home just off to your provider, will stream of color guide and do it. my way. well, my guard is one of the kind way to screen for colon cancer that's effective and non-invasive is for people 45 plus at average risk, not high-risk, false positive and negative results may occur as care provider for me, colon garten trees don't have hearts but they do have

something like a heartbeat every night, a tree gets a little bit get bigger, and every day it actually shrinks just a teeny bit. >> and that motion, which has less than a human hair, is what we measure with the tree tag. all right, so i'm gonna go ahead and put these two tree tags so this is row 21, tree nine trees are the lungs of the planet with the plan our mission is to help keep the world's trees healthy. think of us as a connector for the tree universe to a cloud. >> and 2:00 a.m. hi from being people on a planet to being actually the characters of the planet is something i feel really passionately about

engineered to minimize noise. >> and built for adventure which can also be your own quiet cabinet, the ones the fully electric qa intron in electric vehicle that recharges. you how we get there? matters nothing dems my light like a migraine with nortech ott. >> i found relief. >> the only migraine medication that helps treat and prevent all-in-one for those with migraine. >> i see you. >> for the acute treatment of migraine with or without aura and the preventive treatment of episodic migraine in adults don't take if allergic to nortech odi team allergic reactions can occur even days after using most common side effects are nausea, indigestion, and stomach pain. >> it's time. we all talk okay

>> let's try this. >> donate your small talk. >> closed captioning brought to you by meso book our firm only

represents mesothelioma victims and their families if you or a loved one who has been diagnosed with ms ophelie oma collis know when you look at where we are. >> i mean, we're standing in front of the white house the stakes in this trial are enormously consequential. >> the rule of law is it sake the american democracy is at stake. we have never played at higher stakes us and john dean would know there was a cancer growing on the presidency. >> the former white house counsel turned cooperating witness and the watergate scandal is remembered as the man who brought down former president richard nixon at the time. it was arguably the biggest scandal the presidency had ever faced. you said ones that you thought that the dark is days were behind us after the nixon watergate scandal is

that still true? it is not true. >> i didn't think we would ever go back to worse than watergate, but we are there today. we have never been more threatened how strong is this case i think this is a good case, a strong case, but not necessarily an overwhelming case. >> the way these laws are being applied is novel and it's not jack smith's fall, it's because we've never seen anything like this in this trial most of the facts aren't up for debate. whenever you're doing any criminal case, intent is always a big part of it. proving intent is always difficult. >> the indictment rises and falls on whether the jury believes that donald trump honestly thought there might have been election fraud or some election irregularity knowing him as well as i do. and in talking to many times, i believe if that he firmly believed that there were election irregularities that made a difference in the

election what jack smith is going to have to show is that trump knew he lost the way you have to do that is primarily in this case, with testimony from people around him. >> i think we're going to see parade of witnesses at this trial taking the stand, saying, i told donald know, unequivocal terms, he had lost this election. >> isn't going to be difficult to meet this burden of proof. >> i never tried to case it wasn't difficult and that's the way our system was meant to be. taking away somebody's liberty it should be hard and then beyond a reasonable doubt is a tough burden or reach. >> what do you think is trump's strongest defense? >> i think that a laser-focused defense on he believed that there was fraud. >> i've had jew elections. >> i won both up. >> them. it's amazing and that every action he took was based on what he believed his obligations as the chief executive to ensure that the laws are faithfully executed. >> to ensure that the will of the people was accurately counted. >> i think that if he keeps a laser focus on that, that is

where the case is winnable at trial. >> i think the advice of counsel is an important defense in the case. i can assure you he had many people, lawyers, and investigators, and otherwise telling him they absolutely could prove that there was election fraud. and i think he was entitled to trust those people whose council he chose to trust i don't think that's going to end up working for him. >> why? >> many other lawyers that he would point to or his coconspirators if your lawyers involved in the conspiracy, that's not going to work for you as a legal defense, the law is very specific about this if that's what you want to say, advice of counsel, you need to show everything you learned. that means not just eastman, but there were a lawyer after lawyer within his this inner circle who told him there's nothing here. you can't go forward and all the evidence suggests that trump just kept going and going and going until he could get the answer he

wanted. >> there has been a sprint by the prosecution to have this trial heard as soon as possible. >> i think jack smith probably believes that at the american public deserves an answer before they go to the ballots and decide who they're voting for. and while there is an argument for the public to know the verdict before they cast a ballot. >> there's also the issue of what happens if the trial is delayed and trump is re-elected. >> the president can simply command the department of justice. close down this case. i don't need to give you a reason. >> so if a trial is going on and donald trump is inaugurated the department of justice because simply dismiss the case even in the middle of trial. not only could they they would be ordered to the plug is pulled all power goes down. it's over even if the trial moves forward. >> trump can still be found guilty and win reelection. and

as president, he may still have one gada jail free card he might try to pardon himself. that's ever happened before. we don't actually know whether a president can or cannot do that. pardon, power doesn't have any specific limitation what happens if donald trump loses? >> and he's convicted it's a great question and in a way, the ultimate question in theory he is a normal citizen is there a world where an american president can go to prison? there is a world in which that could happen. i think it'd be a horrible, horrible, mistake in this country, even if he were convicted. >> i don't know how they would do it every aspect of this case is messy because our system was not built with the anticipation of a president being criminally charge which is left a number of legal theories which have never been tested one major

point of contention the issue of presidential immunity, which trump is currently appealing donald trump's claim here is that he cannot be prosecuted because what he did was within the scope of his job as president. >> i firmly believe the president trump is entitled to immunity i believe that his conduct with respect to the election was within the official duties of a president a federal appeals court disagreed the three-judge panel ruled unanimously that trump is not immune from prosecution for alleged crimes he committed during during his presidency to reverse the 2020 election results, the argument that trump is totally immune is absurd. >> i mean, it is so contrary to american law and if you can't prosecute a president, four crimes, you don't have a fully functioning democracy based on the rule of law. the supreme court heard arguments on presidential immunity and is

currently weighing the decision. while the court seemed ready to reject trump's claims of absolute immunity, there were signs at the justices were unlikely to fully resolve the issue and much of the job would fall back to lower courts. further jeopardizing the trial proceeding before the election if you you were donald trump's attorney defending him in this case, what would worry you the most dc jury the political tenor against donald trump is so strong and overwhelming in dc and that pocket of the country that it's very difficult for him to get a fair trial. there, especially with all of the publicity cases are won and lost at the stage of jury selection. because if you don't conduct that carefully to make sure you have a fair and objective jury you're dead before you even start third goal is to find 12 people who can be fair and neutral. and

how many people have no particular view on donald trump? >> let's pause it for example, than there's a hung jury that's not a lost. but guess what? in the system with all the buildup we've had, i think it will play as a loss and will occasion real reflection in the doj, whether to go again and all it takes is one juror. i think that's the hope to trump hangs onto. and he at least reaches somebody who ends up city in that jury. >> do you think that he will be found guilty in this trial? >> i shutter if he doesn't get found guilty because i think that sends a message that if you're in power you can try anything to stay in power