The School Shooting survivor she harassed. David hogg will join us next hour. Instead, she seems to blame some giant, mystical force that allowed her to believe it all and repeat it all and lie all over the place. And that leads us right to the second trump Impeachment Trial. House managers making a highstakes gamble, asking the former president to testify. Mr. Trumps defense Team Shooting down that idea. And breaking this morning, moments ago, Vice PresidentKamala Harris cast a tiebreaking vote to pass a Budget Resolution that allows President Bidens 1. 9 trillion Coronavirus Relief package to go forward without republican support. Joining us now, cnns senior political reporter, niamalika henderson, and cnn political analyst, david gregory. And nia, you say, Marjorie Taylor greene, while she lost her committee assignments, you say qanon won and keeps winning. Why . I think thats right. Even if you listen to her words in that speech, at some point, she equates the media with qanon, and says that both are equally guilty of presenting truths and lies. So the question there is, what are the truths. She thinks that qanon is still presenting and whether or not she believes him. I think its pretty clear from that speech if you were somebody who is qanon, you saw in her a fellow traveler. The problem here, i think, for the Republican Party, and more broadly, of the country, is that there is no moral authority in the Republican Party that is going to stand up to her. That ship has sailed. Kevin mccarthy and other leaders in the Republican Party had a chance to do that when she was bubbling up in those republican primaries, in georgia. They passed on that opportunity. And of course, more importantly, the head of the Republican Party is a kind of messianic figure among qanon followers. So he, of course, is not going to reject them or denounce them. In fact, he has all but embraced them. Certainly embraced Marjorie Taylor greene. So this is a real Inflection Point for the Republican Party and for the country. They have essentially opened the door to Conspiracy Theorists like Marjorie Taylor greene. These are dangerous ideas. The fbi has called qanon a domestic terrorist threat. And so this was a real missed opportunity. And it came down to democrats to be the kind of authority there and say, this will not be present on these committees in congress. But going forward, i think youll see these Conspiracy Theorists flourish in the Republican Party. Much different from what happened in the 1960s, when there were leaders of the Republican Party who said no to the birchers and kicked them out of the Republican Party. Remember when the Republican Party liked to claim the mantle of personal responsibility. They felt they were for personal responsibility. The ethical pretzels they have now had to twist themselves in to support Marjorie Taylor greene are almost as tortured as the language that she used yesterday in trying to explain why she used such violent rhetoric. Let me just play it for you so you can try to parse it. I was allowed to believe things that werent true. And i would ask questions about them and talk about them. And that is absolutely what i regret. Because if it werent for the facebook posts and comments that i liked in 2018, i wouldnt be standing here today and you couldnt point a finger and accuse me of anything wrong. She was allowed to believe them . By whom . Whos controlling her mind . Did her mom and dad allow her to believe that . Was it Kevin Mccarthy . Or who who was the adult in the room who allowed that . Look, its sad that someone like representative greene can become a congresswoman. But the bar is low. And by the founders, that Something Like this could happen. So thats a reality. I would underline everything that nia just said, because i agree with it. And i was thinking this morning, as we were coming on, imagine this were 2002. Way back in 2002, still much fresher off the 9 11 attacks. Dennis hastert, republican, was Speaker Of The House. Can you imagine what would have happened to a democrat who said that 9 11 didnt happen or that there was no plane that was flown into the pentagon. Theyd be out in a new york minute. And thats because that was the prevailing views of the time that would not countenance those kind of conspiracy views. Whats different now is Republican Leaders want very much to court greenes supporters, trumps supporters in this party. They will condemn it, but they dont want to strip her of her committees, because mccarthy wants to be Speaker Of The House and feels very strongly that hes got to have this element of crazy in the Republican Party in the fold, in that tent he talks about, in order to prevail. And thats what trump believed and thats how he acted, as well. So really this is a risky move for democrats. Theyre assuming this risk to take this action against another party. But it is risky and its simply a reflection of the fact that republicans, the leadership refused to come down as hard as they should have on a member who would espouse these this nonsense. The 2002 point is such a good claim. You couldnt even say french fries back in 2002, 2003. Oh, my gosh. Think about that for a second. It was just absolutely unimaginable. And its why, by the way, that some of the republicans who did vote to the remove Marjorie Taylor greene come from new york, the Staten Island members, members from new jersey, members from south florida, the republican members for whom parkland is close by. Because they know it, because they were there. You cant say this stuff out loud when you live through it like that. In terms of what this means for the party going forward, nia. I was struck by republican senator ben sasse, who is dealing in his state with a move in the party, the nebraska Republican Party wants to censure ben sasse, whos got like a million percent conservative voting record. I mean, no one questions ben sasses conservative credentials and they want to censure him, because he has supported in the past the notion of impeaching or convicting maybe even the former president. Listen to how sasse is making his case. You are welcome to censure me again, but lets be clear about why this is happening. Its because i still believe, as you used to, that politics isnt about the weird worship of one dude. The party could purge trump skeptics, but i would like to convince you that not only is that civic cancer for the nation, its just terrible for our party. The weird worship of one dude. That really does sum it up. It really does sum up where the Republican Party is right now. I described donald trump as messianic figure. To qanon, hes a messianic figure. To republicans, more broadly. You saw Kevin Mccarthy go down and get his Marching Orders from donald trump. And he, of course, hung very heavily over all of the Marjorie Taylor greene proceedings there. Marjorie Taylor Greene is Donald Trumps girl. And that is why a lot of those republicans didnt want to cross him. Those are the same republicans who told the big lie about the election, which of course led to what we saw on january 6th and which will lead to an Impeachment Trial in the Senate Next Week of this president. Republicans cannot quit donald trump. Its not clear that they have much of a kind of governing philosophy. What is the ideology of the Republican Party at this Point Beyond Trumpism . Its hard to really say, so now people like sasse, people like lisa murkowski, people like susan collins, theyre the fringe of the Republican Party. And then people like jim jordan, even Marjorie Taylor greene wi, i would argue, are much closer to the mainstream of the party. So you have these moves all over the country to censure people like cindy mccain, censure people like ben sasse, censure the folks like liz cheney, who will certainly face a primary in her state, because she voted to impeach this president. So, listen, we always talk about this war within the Republican Party. There really isnt a war. Its sort of been settled and settled around the ideology and the persona of donald trump. David, lets talk about what happened this morning. Vice president Kamala Harris was the tiebreaker to advance the procedure that allows joe biden to go it alone with democrats, to get that 1. 9 trillion relief, covid relief, for americans. And so have any voters ever punished any president for giving them 1,400 . Is this a risk for joe biden . I dont think its a risk in this respect . One, i think the American People recognize the need for government to step in and provide this kind of relief. Two, dick cheney said 20someodd years ago, my second reference now to the bush years, that deficits dont matter. And of course, trump ran up huge deficits. I dont think thats the immediate concern. So the American People support this. The president wants to go big and he wants to go fast. And i think, again, the calculation there is, when there is a turn in the economy, that they will reap the benefits. And those who sat on the sidelines will not. And thats the i think thats the political calculation. The realworld calculation is, youve got to pump money out there for vaccinations to be distributed for schools to fully open, and to help people get back on their feet that have been devastated. So in that respect, i think this is any Political Risk is certainly worth taking. Theres an interesting contrast that has developed between the white house and whats going on in congress. While everyone else is talking about Marjorie Taylor greene and impeachment and everything else, the white house has continuously pushed forward this relief bill. And they may be able to show theyve produced something at the end of it all and it could benefit them politically, and as you say, more importantly the question will be, whether it benefits the American People in this situation. David gregory and niamalika henderson, thanks so much. Major developments in the Impeachment Trial to have the former president. He has refused to testify, but what do we know about which witnesses, if any witnesses, will be called . Next. Wanna build a Gaming Business that breaks the internet . That means working night and day. And delegating to an experienced live bookkeeper for peace of mind. Your books are all set. So you can finally give john some attention. Trusted experts. Guaranteed accurate books. Intuit quickbooks live. Upbeat music transitions™ light under control. 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That offer was quickly rejected by mr. Trumps defense team. In response, lead impeachment manager, congressman jamie raskin replied, quote, we reserve any and all rights, including the right to establish at trial that your refusal to testify supports a strong adverse inference regarding your actions, end quote. Joining us now is cnn contributor and republican election lawyer, ben ginsburg. Ben, explain this. Should they subpoena former President Trump to testify . Do they want him to testify . Would that be helpful to their case . I think they want him to testify. It would be helpful to their case, because republican senators are now going to rest their vote against impeachment, on the very processoriented, the proceeding isnt constitutional. But honestly, the subpoena is not a realistic tool for them. Remember that democrats in congress have subpoenaed any number of Trump Administration officials over the past four years, and really, Trump Administration officials have not shown up to testify under those subpoenas. The Dirty Little Secret is, Congress Really doesnt have much teeth to enforce a subpoena and it doesnt happen quickly. Well, okay, i mean, heres what President Trumps attorneys said in response to getting that request for him to testify. Quote, we are in repeat of your latest Public Relations stunt. The use of our constitution to bring a purported impeachment proceeding is much to serious to try to play these games. Can they dismiss it out of hand like that . Well, honestly, i think they can. I mean, the the democrats cant get a subpoena enforced in the next week. And they know it. They subpoenaed former White House Counsel Don Mcgahn in the summer of 2019. Hes not testified yet. So i think thats not realistic. And jamie raskin talking about an adverse influence is a little bit of snorting a breath and stomping the ground, simply because this isnt a normal trial. Theyve already impeached him. Thats the ultimately negative inference. And jamie raskin and the House Democrats telling republican senators to draw an adverse inference in this case is not really going to have any weight with the jury. Reporter lets talk about what else we can expect next week. If you were an impeachment manager, would you call witnesses or would you let the mound of videotape speak for itself . Well, i think both. Certainly, the mound of videotape put together effectively will tell a hugely negative story about donald trump, that will make republican senators the swing votes on the senate jury very, very uncomfortable. And there are two types of witnesses that would actually make a Great Bank Impact on republican senators and make it hard for them to hide behind the constitutionality argument. Number one, if theres a witness thats shown up through the fbi investigation process, really, who can say, yeah, we instigated the riot and we had direct contacts with donald trump or somebody in the white house, that would be extremely impactful. And number two, we still dont know the president s State Of Mind during the riot on january 6th. So, you know, who was the white house steward who was serving him diet coke . What can he tell about the way the president reacted during the riot. Now, there are all sorts of Executive Privilege Arguments to be brought over that, but those are the two areas where there could be an impact. What about the witnesses who we have already heard on tape and through their lawyers, who say, we went to the capitol, because donald trump told us to. Not that they had any direct contact with him, but they heard him loud and clear on his twitter feed, they heard him loud and clear at that rally, for weeks leading up to this, because he told us the election was stolen, and he told us to go to the capitol. Wh what about that evidence . Its not direct, but is it compelling . I think its compelling. Its certainly going to be a compelling public story. Whether its compelling enough to actually move the jury, the republican senators, i think thats doubtful. Because theres a lot of that stuff. You know, thats what theres a lot of videotape of people who are storming the capitol, saying, were here for the president. And theyre echoing his words. Theyre parroting his words. What about, ben, calling a Capitol Hill Police officer, what had to fend off the mob. Would that be a good witness to call . Well, i think it would. I mean, i think all of that is effective in terms of setting the tone about the president s really indefensible action during that afternoon. But again, its not direct linkage in the way that would be particularly persuasive to the republican senators. And you run into the political realities of the situation, which is, there is important business before the congress that President Biden and his Administration Want to get done. So there is going to be a sort of a weighing between witnesses like that who will be compelling, and the fact that that will lengthen the trial a great deal and keep the senate away from the other business, such as covid relief and economic stimulus. Yep. Ben, last, i want to ask you about this typo, i guess, but it seems like an important one. And this is from President Trumps lawyers. They misspelled United States. Okay . They did not spell the United States right. They spelled it, unites, i guess, states. Do you see this as minor typo or something bigger than that. Well, typos in briefs are never careerenhancing moves for lawyers. And this has, i think, a couple of ramifications beyond the fact its a silly mistake. Number one, donald trump is going to look around and see those typos and the mockery it brought on his case and say, who are these guys . And so when it comes time to try and guide the president it, stands to take away a bit of their credibility with the president. And number two, if youre a United States senator, who is republican, who is in kind of an uncomfortable position in this case anyways, and he sees the lawyers in whom donald trump has placed his trust, thats going to make those republican senators a bit squeamish, also. Well, i mean, maybe President Trump should give them a break. He doesnt get an a for spelling, you know . Coffefe on his twitter feed, i could go on. One of the largest Coronavirus Mass Vaccination sites in new york is about to be open to the public. We have a live report from Yankee Stadium, next. Its time for the ultimate sleep number event on the new sleep number 360 smart bed. What if i sleep hot . Or cold . No problem, with temperature balancing you can sleep better together. Can it help keep me asleep . Absolutely, it intelligently senses your movements and automatically adjusts to keep you both effortlessly comfortable. Will it help me keep up with mom . You got this. So you can really promise better sleep . Not promise. Prove. And now, save up to 800 on new sleep number 360 smart beds. Plus, 0 interest for 60 months. Ends monday. Some say this is my greatest challenge. Governments in record debt; inflation rising, currencies falling. But ive seen centuries of this. With one companion that hedges the risks you choose and those that choose you. The physical seam of a digital world, traded with a touch. My strongest and closest asset. The gold standard, so to speak ; people call my future uncertain. But theres one thing i am sure of. In a year of changes. Dont take chances on your taxes. Be 100 certain with jackson hewitt. Well get your taxes done right, guaranteed. Limu emu doug hey limu well get your taxes done right, guaranteed. [ squawks ] how great is it that we get to tell everybody how Liberty Mutual customizes your Car Insurance so you only pay for what you need . I mean it. Oh, sorry. [ laughter ] woops [ laughter ] oh, good evening meow nope. Oh. What . Im an emu ah ha ha. No, buddy buddy, its a filter only pay for what you need. Liberty, liberty, liberty, liberty. This morning, Yankee Stadium here in new york opens as a mass vaccination site. Good news to be sure, but worth noting the yankees finished second once again behind the red sox which opened fenway park earlier this week. Is that worth noting . It is worth noting. It shows the yankee bias we have in all of our reporting. Athena jones is live in the bronx. This is good news for new yorkers. Reporter good morning, john. It is good news. This is something that many in the city have been waiting for. City officials hoping that it will be a game changer when it comes to getting more vaccines to more people more quickly and more equitably. This mass vaccination site, one of several theyre planning to open across the city. This site will be open from 8 00 a. M. To 8 00 p. M. It will only serve bronx residents. And there will be 15,000 Appointments Available during the first week of operation. And this is exclusively for residents of the bronx who are eligible. People Like Health Care workers, people over 65. People who work in restaurants, taxi drivers, Rideshare Drivers and the like. Officials decided to focus here on the bronx because it is the neighborhood that has the the borough that has the highest rate of covid Positivity Tests in the city. Just to compare, manhattan, hovering around 6 . Here, hovering around 6 . Manhattan, around 3. 5 . This borough also has the highest poverty rate in the city and is home to a large black and latino population. And we know that not just here in new york city, but also across the country, the black, latino, and poor communities have been hardest hit by the covid epidemic. So city Officials Say this is a key component of fairness and social equity when it comes to reaching these hardest hit communities. Now, this is, of course, good in terms of access, but there are still concerns about people wanting to take a vaccine, convincing enough people to come and get a vaccine shot. Because theres a lot of distrust in the black and Latino Community when it comes to vaccines. Thats why were seeing of these 15,000 appointments, there are still thousands open. And the city is aware of that, theyre canvassing, trying to get information out to folks. But that is what we will be watching here. Athena jones in Yankee Stadium, perfectly positioned to help those most in need. Thank you for being here. Johnson johnson this morning asking the fda for Emergency Use Authorization for their onedose coronavirus vaccine. Researchers found that the j j vaccine is 72 effective in moderate to severe cases, 85 effective in helping serious illness and none of its trial participants died of covid or needed hospitalization. Joining us now, chief correspondent and future guest host of jeopardy dr. Sanjay gupta. Sanjay, great to have you here with us this morning. I cant answer the questions, i just want to anssk them. You have all the answers already. J j, Emergency Use Authorization, what will this change for our country as we battle this pandemic . Well, you know, there could be 100 million onedose vaccines that essentially start to roll out, excuse me, within three weeks or so, you know, maybe beginning of march. If you look at the regulatory process for pfizer and moderna, moderna has been a little bit faster than pfizers, but two to three weeks. I talked to the Johnson Johnson guys right after i announced their phase iii data, and theyve been manufacturing this vaccine for some time. At risk, as they call it. Because they didnt know and still dont know if its going to be authorized. The point is, they have several million doses available, ready to go, just like moderna and pfizer did. And they said theyll start shipping day after the Emergency Use Authorization is granted, if it is. So i think it will make a big difference. And this is, as weve talked about, one dose, normal refrigeration can get out to more places. And they say by june, they could have A Hundred Million of these doses out there. But sanjay, it does have a lower efficacy rate than the other vaccines that were familiar with. I think it has a 72 effective rate against moderate and severe sickness, 85 against severe. And so that leads me to a viewer question. Amy from california wanted to know, have the experts considered immunizing 20 to 49yearolds, the socalled Super Spreaders with the j j vaccine once its approved, since they tend to have less severe effects from covid. Wouldnt it makes sense to use this on them, to further minimize the spread, saving the more effective vaccine for older adults and those with Underlying Health conditions . I think this is a great question. There are two points, first of all, its not entirely clear with these vaccines that they actually reduce infection. I know that surprises a lot of people, but when you look at thousand these vaccines were studied, what they were really looking for is try to determine, do they reduce the likelihood of someone becoming symptomatic or sick. And all of these vaccines are really effective, especially at preventing severe illness. No one got hospitalized or died in that Johnson Johnson vaccine, 80 effective against protecting against severe illness. And the sec thing is that the Johnson Johnson vaccine, when it was trialed, that happened at a different time, it was later in this pandemic, and it happened in different places. South africa, brazil, places where we know these variants have been spreading. The point is this. If you were to go and take the moderna or the Pfizer Vaccines and say, okay, lets truly put them headtohead. Lets trial them at the same time in the same places as the Johnson Johnson vaccine was trialed, how would it have done then . It may have been very similar to this . So when we say 95 effective with the Pfizer Vaccine compared to 85 effective for the Johnson Johnson vaccine, i dont know that you can say that as a direct headtohead comparison, because you are essentially testing it against a sort of different disease. A pandemic that was more widespread and had more mutations. Theyre both theyre all really good vaccines. I think youve got to inoculate people who are the greatest risk of dying, of getting sick, of being hospitalized. Thats who needs to get inoculated first. Because what will happen is, even if you see case numbers continue to go up, death rates, percentage of those cases of deaths will go down. That would be so wonderful. But on that specific point, from amy, theres not some vaccine being held for some demographic and some vaccine that would be help for a different demographic. Its not going to work that way. Not yet. I mean, that could be the case later on. You know, even with flu vaccine, they may have different they come up with different formulations, different ways of administering the vaccine, better for children versus adults, you know. Well see, but not right now. I mean, these vaccines, especially given that the demand is so much greater than the supply, the idea of starting to parse it out that way, well see what the cdc says, but i doubt that will be the way they go with this. Dr. Sanjay gupta, well have you back on later. Thanks so much for being with us. Okay. You got it. We want to remember some of the nearly 456,000 americans lost to coronavirus. Dexter de la santos was a Security Officer in the Los Angeles Police department for more than eight years. He was the third lapd employee to die of the virus within one week, the eighth overall. The department offered the families of all of the officers his heartfelt thought and prayers. Jeffrey kaplan taught math and science at bishop Brady Catholic high school in concord, new hampshire. The school honored him for a life committed to others. Classes were canceled monday with students, parents, alumni and staff invited to come and reflect on mr. Kaplan. Mckenzie gongora was just 9 years old. She died unexpectedly just days after testing positive. Her family wants to spread awareness about how the virus can affect children. Look at that face. Well be right back. When did you see the sign . When i needed to create a better visitor experience. Improve our workflow. Attract new customers. Thats when fastsigns recommended fleet graphics yeah, and now business is rolling in. Get started at fastsigns. Com it is love, love, love that makes it all worthwhile and it is love, love, love that cant help but make you smile. It is love, love, love. Send the love. Order now at edible. Com on january 6th, a protrump mob stormed the u. S. Capitol. At the same time, another rally nearby was peddling Election Fraud conspiracies and antivaccine messaging. Cnns drew griffin is live in atlanta with more. What have you learned, drew . Alisyn, its one of the stranger mergers and proof that once you buy into one conspiracy, theyre all fair game. This on january 6th, the merger of the stop the steal folks with the antivaccine hucksters. Thank you all for being here. This is incredible. Reporter on january 6th, on a separate stage, yet very much part of the election protest, this micro rally had a different focus. These are the antivaxers. The covid vaccine, such a sham. Innocent people are being lined up, walking to their potential death. Reporter their event, part pandemic denial, part stop the steal, part Prayer Service for those who were participating in the capitol storm. We pray for the patriots that are there now inside theyre trying to get inside that capitol. Lord, use these people to eradicate this evil, these swamp creatures, the Scesspool Of Filh and waste. Reporter a cnn review find the people involved in this micro rally are linking the antigovernment stop the steal messaging to their antivaccine alternative health industry. Roger stone reporter some are directly connected to the Disinformation Network of roger stone. They name dropped stop the steal organizer ali alexander, and are peddling the same type of conspiracylinked Health Products as alex jones, essentially turning conspiracy into business. This is war between good and evil. Reporter antivaccine advocate charlene bollinger, who planned the rally along with her husband, ty, introduced speaker after speaker, stopping occasionally to gleefully report what was happening in the capitol about a block away. Her husband left the rally to join in. I asked him, are you at the capitol. And he said, outside it. The capitol has been stormed by patriots. Were here for this reason. We are winning. Reporter also speaking, mickey willis, whose discredited Video Pandemic was viewed millions of times before being removed from youtube. This is psychologically warfare. Reporter invited to speak, dr. Simone gold, the antivaantihfvaxer, who seeks donations to push her conspiracies. She became infamous with a stunt News Conference at the Supreme Court last summer, appearing with other doctors, including one who has claimed alien dna is being put in medicine. This is what gold said at a maga rally january 5th. If you dont want to take an experimental biological agent, deceptively named a vaccine, you must not allow yourself to be coerced reporter the next day, gold went inside the capitol and was later arrested, through her organization, gold tells cnn, she didnt participate in any violence or vandalism and rebuked such activity. Conspiracyism is the special sauce that links them all together, according to extremism expert, imran ahmed, who cowrote a study about the Antivax Movement and says making money is at the heart of it all. These are snake oil salesman. The oldest kind of liar and seller of deceit, of misinformation. And lets just be very clear, for the money. For the profit . Snake oil salesman need to turn a profit. That is apparent in the politics and Busy Empire Of Rally Organizers Ty and charlene bollinger. Hello again, its ty and charlene. They have their own Political Action committee and run two businesses centered on conspiracies about cancer and vaccines. Their social media pages altogether have more than a million followers. Have you all heard the truth about cancer or the truth about vaccines . Yes reporter the bollingers live on 13 acres in this 7, 7,600squarefoot, 1. 5 million mansion in rural tennessee, once featured on a realtor website. Their cancer and vaccine websites are businesses, marketing their video series that cost up to 500, an air purifier thats more than 300, Body Cleanses and other unproven Health Products. Disclaimers warn, nothing presented is intended to diagnose, treat, cure, or treat any disease and anything purchased through their sites mean the bollingers will be paid in some way. And while theyre not camera shy this is frankenscience, weve got to stop it. Reporter the bollingers did not respond to multiple requests for comment from cnn. Oh, my god, drew. I shudder to think how many brain cells you had to lose reporting this story for us. The kookapalooza you just put together there, i dont think we knew that. I dont think we all knew that morass of nuttiness was happening simultaneously. And the real danger is, people that believe this may not get a lifesaving vaccine because of it. That is the real problem here. And they dont even realize that all of this is based on the fact that somebody wants to profit off of a conspiracy theory. I can tell you, i knew, this is something ive been watching for some time, because one of the Unanswered Questions to me actually, i think there is an answer one of the most fascinating developments over the last few months is how the former president , who touted how hard he worked to get a vaccine, once they were approved and found to be safe, hasnt done a thing to personally promote people taking them. The former president isnt out there saying, everyone, go get vaccinated right away. He didnt go on camera getting vaccinated himself. Why . Why . Ask yourself why. Its because he knows that a huge part of his support comes from people like this and the piece you just did, drew. Really interesting to see that. Good point. Drew, thank you very much. We really appreciate all of your investigative pieces. Now to this. It leads directly to this next story. Fox news channel and some of its most prominent hosts, as well as Rudy Giuliani, are facing a 2. 7 billion Defamation Lawsuit. Will this case help put a stop to the spread of disinformation . Eli honig joins us next. When i refinanced with sofi, that allowed me to pay off aggressively and save without breaking my back or breaking the bank. If youre on medicare, or retiring soon, making sure you have the right Medicare Coverage is important. So Call Unitedhealthcare and take advantage of a wide choice of plans including an aarp Medicare Advantage plan from unitedhealthcare. It can combine your hospital and doctor coverage with Prescription Drug coverage, and more, all for a low monthly premium or in some areas, no plan premium at all. Take advantage of 0 copays on all Primary Care Doctor visits, all virtual visits, and preventive dental care. Plus 0 copays on hundreds of prescriptions. And with renew active, enjoy a free gym membership. So Call Unitedhealthcare and take advantage of the variety of plans we offer, including ppo plans that let you see any doctor who accepts medicare, without a referral. If youre on medicare or retiring soon, Call Unitedhealthcare or go online today. Lies about Election Fraud and Voting Machines being rigged could end up costing the Fox News Channel and some of its hosts billions of dollars. Smartmadic filed a massive 2. 7 billion lawsuit against fnc. Some of the Networks Stars and protrump attorneys Rudy Giuliani and sidney powell. The suit claims the parties waged a Disinformation Campaign that jeopardized the companys very survival. Their lawsuit begins with this line, quote, the earth is round, two plus two equals four, joe biden and Kamala Harris won the 2020 election. The election was not stolen, rigged or fixed. These are facts. Joining us is cnn legal analyst elie honig. Before we get to the substance of the lawsuit, i just want to note the jawdropping price tag, okay . And what it means. The 2. 7 billion. Can you just help me understand. Is this something that the fnc hosts would have to pay themselves . I mean the lou dobbs, jeannine pirro, Maria Bartiromo, Rudy Giuliani and Fox News Channel. Who is going to payis . If smartmatic wins, who is going to pay this . When people see lawsuits like this, theres a tendency to say this must be a stunt or for pr. Not at all the case here. This is a legitimate lawsuit with real teeth. Who pays that if they win . First of all, they have to prove. Smartmatic has to prove their amount of damages. Thats the highest number they could possibly calculate. Whatever the number comes out to be, that then gets split up among the various defendants according to their percentage essentially of blame. So they dont all have to pay that individually but there could be a significant Size Settlement or verdict here. Elie, what specifically does smartmatic need to prove in order to win and how high of a bar is it . First of all, that the statements made by Fox News Channel and its anchors were in fact, false. That should be fairly easy to prove. Just look at what the fbi has said, what dhs has said, what 60some courts across the country have said. And second of all, that the defendants either knew it was false or, this is important, were reckless about its falsity. Its not a defense for anyone to say, yeah, but rudy really believed what he was saying. But Maria Bartiromo really believed what she was saying. Thats not good enough. If they were reckless, turned a blind eye to what was obvious to everyone, thats enough to hit them with a verdict. Thats why this is really sort of defamation 101. This is why Defamation Law exists to ensure accountability p. I want to play what fnc tried to do to cover their butts, okay . Once they got wind that there could be some sort of legal action brewing, here is the montage that they played on some programs that i guess they thought would answer this . I have not seen any evidence that smartmatics software was used to delete, change, alter anything related to vote tabulation. Im not aware of any direct connection between george soros and smartmatic. Im not aware that they are sending u. S. Votes to be tabulated in foreign countries. Its my understanding that outside of one customer in los angeles county, smartmatic has no presence in the Voting Technology marketplace. None of those are fox hosts. That wasnt a fox host saying all of that. Does that solve the problem . No, alisyn. Its good to see the truth come out at some point, but file that one under too little, too late. Under the law, you cannot undefame somebody. Once youve already rung that bell, its out there. That especially applies in the modern world where every time fox said these alleged lies about smartmatic and other voting companies, millions of people were watching and you multiply that by social media, by the tweets and retweets. You cant hire some outside contractor to come in and record some sort of retraction and undo it. Thats just not how the law works. Can you take a lie vaccine which is what wabc radio, i think, tried to do with Rudy Giuliani. Its like a truth condom, elie. Listen to what the Radio Station said before giulianis show. The views, assumptions and opinions expressed by former u. S. Attorney, former attorney to the president of the United States and new york city mayor Rudy Giuliani, his guests and callers on their program are strictly their own and do not necessarily represent the beliefs, upons and policies of wabc radio. Now its Rudy Giuliani on wabc. I would have thought they would have told me about that before just doing what they just did. Rather insulting. Gives you a sense of how far this free speech thing has gone. They have to warn you about me . I also think putting it on without telling me, not the right thing to do. Not the right thing to do at all. They got to warn you about me . Apparently, yeah. So why . Rudys feelings are so hurt there. Thats an industrial grade disclaimer, but they are obviously afraid of what Rudy Giuliani may do and may say. And rightly so. I have to say this. The first word, the first instance that disclaimer, they say former u. S. Attorney. He was u. S. Attorney in the 80s for the Southern District of new york where i worked a couple decades later. He was a point of pride, somebody we looked up to, admired, had a wonderful career. I think i can speak on behalf of sdny alums, hes a disgrace, a laughing stock. Its accountability time for rudy now. I think that rudy, like a lot of Donald Trumps most ardent worshipers has seen what donald trump has done over the last four years. Lied over and offer. Gotten away with it and thought, why cant i do the same. Now its consequence time. Elie honig, well see what happens. Thanks for all the information. For sure. Thanks, alisyn. Two days until the super bowl and jimmy kimmel kicked off the weekend with an all Tom Brady Edition of mean tweets. Here are some highlights. Tom brady seems like the kind of man who doesnt know how to use a wrench. Kind of true. Hi. Im tom brady, and im a cry baby, and i have a butt hole in my chin. Butt hole . Can we be real for a moment . Is there really anyone youd rather seen dropped in a vat of rendered bacon fat . You suck booty, you ugly, you throw like a fat lady with a flabby arm and a little girl, buttface. Tom brady suck. I hate tom brady so much, but i have no legit reason to. Hes a nice guy. But i hope they break his leg. That has to hurt you. That has to hurt. Seeing him on the Receiving End of mean tweets. But see how he handled it . No. With such grace and such charm. Somehow he emerges from it even more adorable. Such humility. Which hes known for. He is. He is. Frank rudy has a great column and frank is no patriots fan. He said tom brady, you just have to like him. You have to. Do you . Yes. Did you hear that . I did. That was cute. That was cute. John, this weekend, my family is kansas city chiefs. Its going to be battle royale. The chiefs are a better team. I just get to watch tom brady. I dont care if they win. I just get to watch. I just get to eat nachos. New day continues right now. The resolution is adopted. I was allowed to believe things that werent true, and i would ask questions about them, and that is absolutely what i regret. What she said was before she was a member of congress. Its unprecedented what the democrats have done here. There should be a high bar for removing someone from committees but this was not a hard call. Theyve requested the president s testimony. Apparently he is refusing. They could issue a subpoena for the president. Hell go to court. Hell tie that up in knots. In his four years in office, donald trump never once testified under oath. Now i think they are showing that donald trump is not willing to back up his bluster. This is new day with Alisyn Camerota and john berman. Good morning, everyone. Welcome to our viewers in the United States and all around the world. This is new day. Republican congresswoman Marjorie Taylor greene has been stripped of her committee assignments. She was rebuked thursday night for peddling dangerous conspiracy theorys. But the overwhelming majority of House Republicans voted not to remove her. 199 republicans were apparently okay with her extremist violent rhetoric that shes never apologized for. Only 11 republicans sided with the democrats to remove her. And just a reminder, greene questioned the 9 11 attacks. She spread antisemitic conspiracies, she supported executing democrats, and she harassed School Shooting survivors. David hogg, one of them, will join us shortly. Finally on thursday, greene admitted that Qanon Conspiracies are lies, but she made the argument that somehow her mind was controlled and she was, quote, allowed to believe things that werent true. Allowed to believe things that werent true. I guess by the almighty q . What even is that . Meanwhile, major maneuvering before the president s Impeachment Trial, the former president s Impeachment Trial. House managers asked the former president to testify. He refused. So just days before that trial begins there is still so much we dont know. We begin with breaking news. Vice president Kamala Harris cast a tiebreaking vote that clears the way for democrats to pass the president s 1. 9 trillion covid relief bill and do it if they need to without any republican votes. Cnns Lauren Fox Live On capitol hill. This is a big