Pledging Blanket Amnesty for all in afghanistan while vowing that no death will be caused to anyone outside of afghanistan by the taliban and that there will be no violence against women. Already were seeing some violations of that. In turn, the taliban is calling on the international community to respect its core values. Of course, that is a tough sell considering the scenes what we have been seeing outside of the kabul airport. We do want to warn you, this these are disturbing images, but this is what is going on. A Photo Journal Ist for the Los Angeles times capturing wounded pictures of wounded afghans after taliban fighters used lethal weapons for crowd control. Photographer Marcus Llam telling Cnns Anderson Cooper that this violence was indiscriminate and one taliban fighter fired his weapon into the crowd while smiling at another taliban fighter as if it were a game. Lets go live to kabul and to cnns chief international Correspondent Clarissa Ward. I think what were starting to see, clarissa, is this disconnect between this image. Reporter let me try to explain the situation where we are. Its very hectic. You can probably hear the gunshots. Were about 200 yards, even less than 200 yards away from the entrance to the kabul airport. We just drove through it quickly. Its absolutely impossible to stop there. And i say we drove through it quickly. Its bumper to bumper, cars are barely moving. There are taliban fighters all around. We actually did see them physically trying to get people back. We have seen them and heard them a lot as Well Firing on the crowds to disperse the crowds. Its a little difficult to see from this Vantage Point and its a slightly edgy situation so i dont want to push our luck, but all along the roadside over there, theres just hundreds of people who are basically waiting desperately trying to get out of the country. Its not clear if they have their paperwork in order, if theyve been declined and told that they cant enter the gates or if they simply dont have the wherewithal to get inside. The Camera Man is just panning off right now. You can see its a pretty large crowd who formed around us already because this is slightly unusual situation to be doing live shots from here, i think. But, its definitely chaotic. Its definitely dangerous. I will say this, the taliban appears to be trying to disperse the crowds and there are crowds there of young men who seem to be just engaging and criminal activity. I dont know if you heard that. Theyre kind of running towards the taliban and then running away from them again, almost like its a game, but you know, when theres bullets firing like that, brianna and john, its clearly not a game. We heard the gunfire there clarissa. Give us a sense if the taliban is firing into the crowds, at people, or is it Crowd Dispersal into the air . Are they letting anyone through . Reporter from what we can see and from what we can see we only have a very limited Vantage Point, theyre firing to disperse the crowds. Theyre not targeting people. Theyre not trying to kill people, but of course the minute your firing Willy Nilly when you have a bunch of civilians all other the road and civilian vehicles people get hurt. Thats what happens. Theres not a huge amount of discipline, lets say, to use an understatement in the ways in which they are dispersing the crowd. We did see some people behind the wire implying that they had been able to get into that first perimeter, but im not going to lie. Youre running the gauntlet to try to get in there because there are so many different things going on. You can just hear the gunfire is pretty much constant as the taliban tries to push people back and as a result youre getting lots of people on the roads surrounding the airport like the one were on less than 200 yards away. Youre just getting lots and lots of people sitting by the roadside, some have their bags and theyre just obviously have no idea how they can get out. And i know, clarissa, that your Camera Man, will, is there looks like on a tripod. But im just wondering if he can pan around a little more so that we can see the scene there not too far from the kabul airport. Reporter sure. Can you pan around to get more of the scene. Ill step out to the side. You can see we have this crowd around us. Which is never great because, you know, crowds are always a little bit dangerous. And most of these people let me ask you, sir, are you waiting here to get out . Or what are you doing here . Traveling here, working with The American, with isis, we have all have the documents. They announce these guys working, take them to america. But they are liars. They take these guys did you work with The Americans . Yes, of course. Of course. More than 50,000 people crowded here. Reporter fewer people here now than there were a couple days ago. Reporter did you try to get in . Yeah. They not let you. We have The American passport or british or Green Cards we take him. Otherwise you have to stop here or stay here. We tell them we cannot stay here because everybody Joe Biden says we take afghan workers. They help us. We take them to america. Have you tried to apply . Yes, of course. What happened . They tell us you have to bring 2021. Its impossible. All the companies locked down in 2014. Its very hard to find. Reporter lots of people in the same situation . Yeah. All the same. Dont have the recommendation. But most of them lost their badges. Right. So whats your message to america right now . Our message to america, we help The American people. So thats their jobs to help right now here. This is a very bad situation if someone know you work with Somebody Reporter im going to thank you, sir. You have a Green Card . Yeah. This is my Green Card. This is your Green Card. Hes showing me a picture of his Green Card. Thats his Green Card. So you have a Green Card. Yeah. And i have flied on 20 this friday. I already filled out the application from the u. S. Embassy and this is the emails that i got from the u. S. Embassy. Reporter so did you try to get into the airport . Yeah, i did. What did the taliban said . The taliban said we dont know. Just go. We dont want to try to let you in. And they say we dont have flights. We dont have flights. They do have flights. Youre getting the impression, john and brianna, look, im surrounded here. And everybody here has got a story. People worked for The Americans. One man has a Green Card. He already has his flights booked. Now theyre pressing in. They want desperately to tell their stories. They want The Americans to know because theyre not able to get past those Check Points. Theyre not able to get past the taliban fighters. John, brianna . Clarissa, first of all, whatever you need right now, however you feel, youre in charge with this. If you need to go, if you need to get safe, let us know at any minute. If youre comfortable where you are. Reporter i will. This is important to see. Because what we are seeing now is the disconnect between what the united states says is happening and needs to happen with what can happen. If there are thousands of afghans the united states has promised to get out of the country but they cant get to the airport, thats a disconnect. Its showing that its not a reality. Reporter i mean, thats whats so crazy, john. Youre talking about some of these people have their paperwork. This man has a Green Card. If you are a u. S. Green card holder, you should be allowed to get into that airport. But the problem is, it is such a chaotic situatiOn And the taliban understands how this looks. The taliban knows that having thousands of people on the streets, desperately trying to press into the airport because theyre so frightened, because they just want more than anything to leave, they know that that looks bad. So, it is not entirely surprising that the taliban is not exactly embracing this sort of mass exodus. The question becomes what recourse do these people have . How can their safe passage be facilitated . Were not getting any sense of how that could happen, john, brianna . I think we have to wrap it up here. Is that what youre telling me. We have to wrap it up here. Its getting a little hectic, but well be talking more to you next hour. Clarissa, safety first. First things first. Thank you for that report. I mean, unbelievable, berman, were seeing i see boys behind clarissa in that shot. I saw when will panned over there was a baby. I mean, this is the helplessness that weve been hearing about. And its difficult to get to. Look, just to be clear, Clarissa Is shes leaving for safety reasons, right . But this is essential this scene that were seeing outside of the airport. There are a few things there that jumped out at me. Number one, the fact that you cant get past that gate if you dont have a certain piece of paper now is i dont know how to describe it. You have these people who risked their lives who cant get across a line because of a piece of paper, a piece of paper the country just fell. That Paper Cant be the barrier to living out the rest of their lives. The second thing there was you heard two people speaking very good english to risked a lot to talk on camera. The stakes must be so high for them that theyre willing to risk that. The blunt admission on television, yeah, i worked with The Americans. And now i want to get out. Yeah. And that one gentleman that she was speaking to who is saying that certain form that you pointed out that he needed and part of the issue is so many translators might have been working through contractors. He was saying that they left in 2014. So i think a lot of americans are familiar with if you need to go back seven years and some bureaucratic issue to get some sort of form, you know how difficult that is. But theyre doing this the middle of a completely failed state where they dont have any wifi. Its impossible and its really a matter of life or death. We are going to be going back to clarissa there on the streets of kabul tracking this story here coming up in the show. Also, you know, its coming to this here in the u. S. , states that are running out of Hospital Beds for the sickest covid patients, governors in neighboring states are now sounding the alarm. Plus, President Biden set to announce Vaccine Booster shots for most americans. Our dr. Sanjay gupta has learned more about the science behind the decision. He will join us next. And for we love new york city, the homecoming concert, a onceinalifetime Concert Event saturday start at 5 00 p. M. Eastern exclusively on cnn. You have the best pizza in town and the worst wait times. You need to hire. I need indeed. Indeed you do. Indeed instant match instantly delivers quality candidates matching your job description. Visit indeed. Com hire as someone who resembles someone else. I appreciate that Liberty Mutual knows everyones unique. Thats why they customize your car insurance, so you only pay for what you need. [ nautical Horn Blows ] ive got big news because you eat off the floor,else now, Nurtec Odt is the first and only medication proven to treat and prevent migraines. Dont take if allergic to nurtec. The most common Side Effects were nausea, stomach pain, and indigestion. Ask your doctor about Nurtec Today Age is just a number. And mines unlisted. Try boost® High Protein with 20 grams of protein for muscle health. Versus 16 grams in ensure High Protein. Boost® High Protein also has key nutrients for immune support. Boost® High Protein. Discomfort back there . Instead of using aloe, or baby wipes, or powders, try the cooling, soothing Relief Or Preparation h. Because your derriere deserves expert care. Preparation h. Get comfortable with it. Its taken a lot to get to this moment. Grew up at midnight the maccabees dreams are on the line. You got this. Refresh. It all, comes down, to this. The u. S. Is at a critical point in the coronavirus pandemic. Cases are surging as the Delta Variant sweeps across the country, pushing hospitals to their limit or frankly past their limit. In alabama, there are negative Icu Beds available in the entire state. There are more than 2,600 patients hospitalized with covid at this point. More than 1,500 of them are in need of icu care. The state only has 1557 Icu Beds, meaning theyre short by 11. Weve never been here before. We are in truly now in uncharted territory in terms of our icu bed capacity. Fortunately we still do not have an issue with ventilators. In addition to alabama, texas, florida, Mississippi And Georgia are at more than 90 icu capacity. Throughout the south, weve seen the highest percentage of Icu Beds with covid19 patients. Florida has 54 of its Icu Beds filled with covid19 patients and tennessee, the department of health, told cnn it expects to start receiving requests from hospitals for National Guard deployments. Kentucky is starting to receive requests to transfer patients to its hospitals. Kai si is cancel and postpone nonsurgical procedures. The governor made this prediction. By The End of this week, expect to have more kentuckians in the hospital battling covid than at any point in this pandemic. Hospitalizations nationwide have doubled over the last few weeks. On tuesday, they topped 88,000. This is a figure we have not seen as high as this since early february. Texas Governor Greg Abbott has tested positive for covid19 as this latest surge worsens in his state. Now, abbott is fully vaccinated. He is taking monoclonal Antibody Treatment and says that he is symptom free. I want to bring in cnn chief medical Correspondent Dr. Sanjay Gupta Talk to us about this. The good news is it seems like hes feeling okay. But the Bad News is he is leading the charge in cracking down on states and School Districts trying to take away their authority to make local decisions to institute Mask Mandates and just the night before, sanjay, that he tested positive, he was at a big event without masks. You know, whats the possibility of there being some virus spread there . Well, first of all, im glad hes doing okay because obviously we know this can be a serious disease. Im not sure what his preexisting medical history is exactly. We know hes in a wheelchair. But as you point out, at that event even if people were vaccinated im not sure what the requirements were there, people can still shed virus. Thats what dictated some of the recent changes from the cdc where they found that even full ly vaccinated people, far less likely to get sick, which is great, they may still carry enough virus in their Nose And Mouth to potentially shed it. I think one of the concerns here when you look at that whole scene and put it together is you have somebody who is railing against masks, preventing Mask Mandates while at the same time we learn now getting tested daily, cloaking himself in these daily tests and when he got a first test that came back positive went and got these monoclonal antibody. Its a glimpse of whats happening behind the scenes at the same time that people are saying dont bother wearing a mask, they themselves may have the safeguards of Daily Testing and then, 1,500 Antibody Treatment on stand by should they need it. Most people dont have access to that. And thats why a Dollar Mask can be so beneficial. So sanjay, yesterday on our last episode of the show with you, you had some questions about why the administration was now all in behind the idea of boosters for almost everybody who had been vaccinated. You since had the opportunity to speak with a senior federal Health Official about the announcement were expecting today. What did you learn . Well, john, ill tell you, its still confusing. I mean, ive been reporting on this for a long time, had a lot of calls with people yesterday. And i can tell you this, im going to lay this out for you, but i can tell you theres still confusion even at the highest levels of the federal government. What were expecting today around 11 00 a. M. Is an announcement from the task force, the covid task force, basically saying that eight months after someone has received their vaccines, they should be eligible for a booster. It will probably go in some order of healthcare workers, elderly and so on, kind of like what we saw in december of last year. But that was surprising because weve heard very recently that the vaccines are working really well and unless youre immune compromised youre not somebody who should need one of these boosters. In fact, after we spoke, john, there was a call from the cdc, a call they do to clinicians that we have some recording of. I want you to listen to this. We do want to clarify right away that the need for and timing of a Covid19 Booster Dose has not been established. Other fully vaccinated individuals do not need an additional dose right now. Okay. John, literally at the same time im talking to federal officials at the highest level of covid response in this country who are saying today now theyre going to have this briefing to recommend these boosters the same time the cdc is telling clinicians what you just heard there that these boosters are not likely to be recommended. So, well see. But i think its very clear that theres not a lot of cohesion even among the various federal health agencies about what to do regarding these boosters. Yeah. And that is very confusing. So lets clear up what we can of some of this confusion by answering some viewer questions, sanjay. Lisa from New Jersey has a good one. Im wondering why i didnt think of this. Im sure a lot of us havent. New guidance is for a third dose at eight months. Does this mean eight months from the second dose or eight months from the two weeks after the second dose when youre fully vaxed. It may not surprise you based on what you just heard in terms of whether this is even happening, we dont know the answer to that. The new york times originally when they reported this said it would be two months after your second dose. I think theres been some clarification if this does happen that it would be two sorry, eight months after youve been fully vaccinated. So, it doesnt make a huge difference were talking about a couple of Week Difference there. But hopefully if these boosters are being recommended widely, well learn at 11 00 a. M. , well hopefully get clarity on that as well. Sara from ohio writes, boosters to soon be recommended is there a plan in place for people who received the Johnson Johnson Vaccine . Obviously thats a big question that a lot of people have, sanjay. Yeah. It is. And i know its frustrating because i get a lot of emails on this and every time we talk about this were talking about the Mrna Vaccines and not johnson johnson. Part of the issue is that these vaccines those vaccines that J J were authorized later in april. So theres less data on them. And theres fewer people around 20 million, 22 Million who received these shots overall. So, what we have heard and we asked about this, is that this is being considered. And we might even hear something specifically about J J this week. Theyre looking specifically at the science. There was a couple of questions they still wanted to answer about this specifically. I dont think were going to hear specifically about J J today. But we are pushing on this. If boosters are recommended widely, i think it will make a big difference to understand whats happening with J J people. There are some cities in San Francisco where they have already started recommending if you had J J go ahead and get an additional Mrna Vaccine as well. Thats not widely recommended across the country, but that may change. It is kind of confusing, right, not your fault, sanjay. We really do need some clarity from Government Officials as theyre moving forward or not moving forward with this and hopefully well get some of that today. Great to see you, sanjay. Thank you so much. You, too. Thank you. So we have to go back to our Breaking News now out of afghanistan. Cnns Clarissa Ward on the streets of kabul as the taliban opens fire to disperse crowds. Clarissa was speaking with afghans desperate to escape who admit on live tv they worked for americans. Stay with us. Its definitely chaotic. Its definitely dangerous. I will say this. Listerine® cleans virtually 100 . Helping to prevent Gum Disease and bad breath. Never settle for 25 . Always go for 100. Bring out the bold™ even if you had to miss your quince. Theres always your quince plus one. Without my medication, my small tremors would be extreme. I was diagnosed with parkinsons. I had to retire from law enforcement. It was devastating. One of my medications is Three Thousand Dollars per month. Prescription drugs do not work if you cannot afford them. Aarp is fighting for americans like larry, and we wont stop. Thats why were calling on congress to let medicare negotiate lower Prescription Drug prices. Its time for the biggest sale of the year, on the new Sleep Number 360 smart bed. It helps keep you effortlessly comfortable by sensing your movements and automatically responding to both of you. And, its Temperature Balancing to help you stay comfortable all night. It even tracks your circadian rhythm, so you know when youre at your best. In other words, its the most energy building, wellness boosting, parentpowering, proven quality nights sleep weve ever made. And now, all smart beds are on sale. Save 50 on the new Sleep Number 360 limited edition smart bed. Plus, 0 interest for 24 months. Only for a limited time. President biden faces more scrutiny both here at home and abroad after the rapid fall of afghanistan. And there are questions about whether americas Chief Adversaries could benefit from the talibans return to power. Cnn is covering the global reaction. Im david in beijing wherals slammed the u. S. For W Instability in the region. Challenging chinas financial investments the middle east. And there are worries it could incite islamic extremism here in china. Before the taliban took charge in late july, chinas Foreign Minister hosted taliban leaders for talks a strategic move to keep the peace with their neighbors. Im fred pleitgen in moscow. Russia is taking swipes at tus from the chaotic withdraw from afghanistan. Saying the russians believe that the u. S. Backed government in kabul would have lasted a little longer and that cheerily the russians overestimated The Americans. Meanwhile, the russians are already talking to the taliban. The russian ambassador in kabul saying he met top taliban officials and they have guaranteed the security of the Russian Embassy In Kabul Which by the way is going to continue to operate. Im sofia in is laz bim. Pakistan has said on Tuesday Night that it will not be recognizing the Afghan Taliban as the government of afghanistan until other regional and international powers make a decision. This is going to be a multilateral decision taken by pakistan. Theyre going to wait to see what the regional decision is and then take one accordingly. Its an uncertain time in the country. Theres a Brewing Refugee Crisis on the border with afghanistan and pakistan. And things are changing Day By day. So we just have to wait and see whats going to happen in the days to come. President biden seasoned prime Minister Boris Johnson spoke over the phone on tuesday. This is the first known call with a foreign counterpart with President Biden since the fall of kabul. The two discussed the importance of coordinating on evacuations for their own nationals but also for any afghan nationals that supported the war effort. They both also agreed that it was important to find a common strategy, a common approach for the future of afghanistan. Thats why they agreed to a G7 Virtual Summit Next week. Moments ago, our chief international Correspondent Clarissa Ward and her team went near the airport in kabul, which is the only way out of afghanistan for the some 15,000 americans who might be there and the Tens Of Thousands of afghan allies to the united states that might want to try to get out now. They have to get to the airport in order to have any hopes of getting out and getting to the airport difficult if not impossible. Let me give you a sense. Ill play a little bit of what clarissa saw there. Lets watch. Theyve been declined and told that they cant enter the gates or if they simply dont have the wherewithal to get inside. You can see this is a pretty large crowd who formed around us already because this is slightly unusual situation to be doing live shots from here, i think. But, its definitely chaotic. Its definitely dangerous. I will say this, the taliban appears to be trying to disperse the crowds and there are crowds there of young men who seem to be engaging in criminal activity. I dont know if you heard that theyre kind of running towards the taliban and then running away from them almost like a game. But when theres bullets firing like that brianna and john, its clearly not a game. All right. Our Clarissa Ward there not far from the airport. You can hear the gunshots there. Clarissa and her team are doing fine and also spoke to a man at the airport, who spoke Perfect English who said he worked for The Americans and cant get out because hes been told he doesnt have the right paperwork. Joining us now is democratic new Jersey Congressman Tom moll now ski, a member of the foreign appears committee. Thank you for being with us right now ch what clarissa just saw right there on the streets outside the airport, it is symbolic, more than symbolic, its whats happening. It shows right now to an extent the futility of the u. S. Effort there. So, here is the problem. We control the airport, at least in part. The taliban Controls Everything else. President Biden Has said rightly so that we are going to take these people out. American citizens first but also our afghan allies and a wide range of after bans who are at risk of being targeted by the taliban. We need to operationalize that. That means Number One getting full control of the airport, control of the perimeter, which is difficult but necessary so that we can decide who comes in. And to make absolutely clear that we are going to stay at that airport, hold that ground, until that mission is complete. We have not yet heard that from the administration. No, we havent. You wrote a let we are a bipartisan group of members of congress saying stay as long as you need to with as many troops as you need to to get everyone out. My impression what i heard from top u. S. Officials is that the End Date is August 31st. So before kabul fell, President Biden set August 31st as the End Date. You know, the pentagon they follow orders. They take things literally. Thats the only Order Theyve gotten. Until thats countermandated, until the White House says that August 31st deadline doesnt apply to the evacuation i do worry thats the schedule that the pentagon is operating On And theres no way humanly possible that you can keep our promise, the promise that the president has made, by August 31st. What happens to those thousands if not Tens Of Thousands of people if the united states does leave on August 31st . Im going to trust were not going to do that because the president said very cheerily in that speech he gave a couple days ago were going to take these people out. Were not going to leave them bind. Thats the key to leave with Honor And Key to our national interest because we dont want to leave the message out there that we leave people behind. But we cant do it by August 31st. No. We lost two or three days any way just with the chaos at the gate. We have people who have on ward flights who have been turned back. We have people who dont have flights but theyre on our List And Theyve been told to go back to kabul and wait. Thats not acceptable. We need to bring people in and take care of them at the airport even if it takes several weeks. How do they get there . How do they get to the airport . We have some leverage with the taliban here, too. We obviously need a clear message to the taliban, do not interfere with our troops at the airport. Do not interfere with people coming to the airport. The taliban want us to leave as soon as possible. And i think if we tell them we aint doing that, if you want us to leave, cooperate with this evacuation effort. Do not impede it. I think thats one way to get leverage. What about in clarissa was speaking to a young man who had Perfect English who had the courage to say on international television i worked for The Americans, which is brave, just shows you how desperate he is to get out but said he was turned back because it wasnt clear if he was turned back by the taliban or u. S. Person at the gate because he didnt have a piece of paper. He didnt have the right piece of paper. We have to be very creative here because there are lots of people who have that piece of Pap E they may have a Passport Or Visa or have everything but they may not want to bring it with them through taliban Check Points because if the taliban find that american piece of paper, theyre on the talibans list. Right . And so but we know who these folks are. We know their phone numbers. Thats another way of identifying people. There may be other creative ways as we contact people to ask them to come to the airport to give them something that isnt obvious to the taliban but may allow our people at the gate to identify them. Thats going to take a few days to set up that system and get control of that gate. Another reason why there cant be a deadline. You were critical of the biden Administrations Decision to withdraw all u. S. Troops. You thought there should be a remaining presence there, at least for some time. It happened. Its done at this point. Although now u. S. Has more troops in than we did than the united states did a short time ago. How would you assess how the biden administration is handling it now in this moment . Well, i was critical of the Trump Administration also, yeah. And i urged the biden administration not to continue that policy. We are where we are. The focus right now has to be on getting people out. I wish we had at least stayed until i wish we stayed at the airport and stayed at the Bagram Air Base until at least all of our people were out. I think that would have been a better way to handle this. But at the same time, i think people need to understand there is no such thing as a nonchaotic evacuation. Once you start an evacuation, youre in a sense precipitating, youre signaling your expectation that the place is going to fall and youre precipitating that. Imagine if a voice came on the p. A. System in this building to say Theres Danger in this building. We have to evacuate. Dont worry, you have six months to do it. We would want to leave right away. At any point this started, it would have been somewhat chaotic. I wish we held the airfields and not left before, you know, we got everybody out. Congressman tom malinowski, i appreciate you being with us. Thank you very much. Much more on our Breaking News. Cnns Clarissa Ward on the streets of kabul as gunfire rings out from the taliban and afghans tell her, brave enough to tell her, they worked with The Americans they need to get out. Were going to go back to her live on the streets. Plus, did former President Trump commit federal crimes in his final desperate attempts to overturn the 2020 elections. Why our chief legal analyst says no next. Usaa is made for the safe pilots. Like mac. Who can come to a stop with barely a bobble. With usaa safepilot, when you drive safe. You can save up to 30 on your auto insurance. Usaa. What youre made of, were made for. Get a quote today. man ive made progress with my Mental Health. So when i started having unintentional Body Movements called tardive dyskinesia. I ignored them. But when the movements in my hands and feet started throwing me off at work. I finally had to say, its not ok. it was time to talk to my doctor about austedo. She said that austedo helps reduce Td Movements in adults. While i continue with most of my Mental Health medications. Vo Austedo can cause depression, suicidal thoughts, or actions in patients with huntingtons disease. Pay close attention to and call your doctor if you become depressed, have sudden changes in mood, behaviors, feelings, or have suicidal thoughts. Common Side Effects include inflammation of the nose and throat, insomnia and sleepiness. Dont take austedo if you have liver problems, are taking reserpine, tetrabenazine, or valbenazine. Austedo may cause irregular or fast heartbeat, restlessness, movements mimicking parkinsons disease, fever, stiff muscles, problems thinking, and sweating. Man Talk to your doctor about austedo. Its time to treat td. Td is not ok. Visit askforaustedo. Com every single day, were all getting a little bit better. Were better cooks. Better neighbors. Hi. Ive got this until you get back. Better parents. And better friends. No no thats why comcast works around the clock constantly improving americas largest gigspeed broadband network. And just doubled the capacity here. How do things look on your end . Perfect because were building a better network every single day. We continue to learn must details about the final days of Donald Trumps presidency and just how far his effort to overturn the election he just lost went. But is there enough evidence for Attorney General Merrick Garland to bring charges against the former president . Lets bring in norm eisen, he served as counsel for the democrats on the House Judiciary Committee and Jeffrey Toobin our chief legal analyst and former federal prosecutor with a new Cnn Oped up that well talk about a little here called Attorney General Merrick Garland dont prosecute Donald Trump. Okay, why, jeffrey . Because based on the available everyday there is no crime that Donald Trump has committed. Was his behavior, outrageous, was it terrible, was it something that if he remained in office probably would have been impeachable. But Criminal Law is different. There are very specific requirements regarding intent, regarding actions that limit what the Criminal Law can do and so far based on the available evidence i dont think Theres Anything you could prosecute Donald Trump for. Norm . Well, brianna, its nice to be back with you and with my old friend Jeffrey Toobin. What he says is provocative and will wake you up in the morning, but brianna, its totally wrong. Right now we live in a system where Donald Trump tested our most fundamental legal precept, No One is above the law. If the Attorney General discovers evidence that Donald Trump did wrong, of course he should be investigated and prosecuted. And brianna, contrary to jeff, there is already substantial evidence to predicate an investigation, to open an investigation. When you have a president who says to the Georgia Secretary of state, just find 11780 votes or says to his own acting Attorney General, just say the election was corrupt and leave the rest to me. Those are the statements of someone who knows whats the crime, norm . Norm jeff, its election potentially all im arguing is that, of course, the Attorney General should investigate it. When you say theres little reason to even open a criminal investigation, thats wrong. The potential crimes, election fraud, obstruction of an official proceeding, a Conspiracy To Defraud the united states and On And On And on. It must be investigated, jeff. It must be investigated. All those statutes you mentioned, the election fraud, Conspiracy To Defraud, Obstruction Of Justice they have specific intent requirements. They have requirements that say you have to prove that the defendant intended to violate the law, intended to do wrong. Whats the evidence . Usually when you prosecute someone specific intent crime, you have to show that they lied about what they do. What they did. They covered it up. What Donald Trump did was in plain sight. And for better or worse, every indication is that he actually believes that there was fraud in this investigation. So telling people to investigate fraud does not appear to me to be evidence of a crime. Seriously, jeff . Do you think his speech on January 6th where he said lets march to the capitol, lets be strong. Do you think thats a crime he should go to jail for . Seriously, jeff, now you want us to believe that Donald Trump was speaking the truth . You wrote in our oped that trump would assert, he was seeking to uphold the law and were supposed to believe him. Jeff, this was a person who lied 30,000 times. Were not going to believe him for the first time now. And i think its equally plausible and more than plausible enough for the Attorney General to open an investigation that when Donald Trump says to the Georgia Secretary of state, just find 11,780 votes corrupt, and leave the rest to me. He knew that there was no basis. Look at the ridiculous grounds for his claim. He knew there was no basis. Hes a serial liar. Of course, we shouldnt believe that. Cut off and, jet, and Cut Off an investigation, how can you say theres little reason to investigate . The Attorney General must investigate this. And, jeff, to your point about the law, we prosecute this kind of thing all the time. A Government Official in the united states Versus Demrial in philly was charged with adding votes to increase the tally. Of course he was prosecuted. Donald trump should be investigated. But, you know, urging people to investigate is very different from stuffing a Ballot Box you should not jeff, excuse me, you should never have written there is little reason to even open a criminal investigation. That is wrong, jeff. You know better. You were a prosecutor. I certainly was, and thats why i wrote this because, you know, there are people out there, including you, including many people who hate Donald Trump and think he was a terrible president no, i do not hate Donald Trump. I worked on no, i worked on his transition, jeff. I volunteered to help before i found out what a crook he was. I volunteered to help. I do not hate Donald Trump. I do not live with hate in my heart for anyone. I think there is good reason to believe he violated the law, and there should be an investigation. Jeff, this is the united states of america. No one is above the law. One of the Touch Stones norm, you know more about dictatorships than most people. You know about what life was like behind the Iron Curtain. One of the touchstones of despotic countries is when the new people come in, they criminally prosecute the old people. That is a touchstone of dictatorships and despotism. We have a tradition in this country that we dont do that. Now, it is true, No One is above the law. No one, you know, that is not an absolute policy. But you should not prosecute people in this country unless you are absolutely sure. Should you disgrace them . Should you impeach them . Impeachment is very different. You and i agreed that Donald Trump should be impeached for the multiple times he was impeached. Thats one thing. But Criminal Law is another. Its about locking people up. And its important for the civil liberties in this country that we only use that power when there is absolutely clear evidence of violation of federal law. I dont see it here. I dont think were going to see it here. And i think thats a very different scenario from impeachment. Jeff, when you said i know a lot about despotism, i thought maybe my kids had been saying things on Social Media about my abilities as a dad. Its true, i served as an ambassador in a country i served as an ambassador in a country where the communist regime had been in place and the Iron Curtain fell. I learned another lesson there, jeff. You have to balance this principle that we dont normally its a norm. We dont normally prosecute expresident s, but you have to balance it against the law and the evidence. And it is it would be even worse if the Attorney General found compelling evidence that would lead anybody else to be prosecuted as mr. Demura was. Former Congressman Ozzie myers is about to stand trying for the same thing, the same kind of conduct that trump engaged in, but on a smaller scale. It would be terribly wrong, even worse than prosecuting an expresident if there were compelling evidence that the same crimes had been committed. And i think the statement, just find 11,780 votes, just say the election had corruptiOn And leave the rest to me. The interAttorney General has T Balance the principle that No One is above the law. The answer to yes the problem with what youre saying is you are assuming facts that dont exist yet. Sure, you know, you can investigate in the hopes of finding something, but what i was writing about is what the facts are now. And what the facts are now is that there is not evidence that Donald Trump committed any crime. You can always say lets investigate and hope to find something, but thats not you know, thats not evidence. Thats a hope. And what im writing about is what the evidence actually is. And the evidence is he gave a terrible speech. He was he behaved badly with his Attorney General. But is that a crime . Is that something that were going to throw Donald Trump in jail for . Is that you know, you want to have that dominate the news for the next three years, to be the only story that any of us cover if Donald Trump is prosecuted . I dont think so. I dont think that is helpful for the country. I dont think Theres Evidence to support it. And i dont think the biden administration should do it. Jeff, youre ignoring the evidence that im presenting you with. When a president says, we now know we have the tape. Ive listened to the tape as im sure you have, too. Just find let me finish, jeff. Let me finish. Let me finish. Hold on. Let me finish. Georgia law im going to come to georgia. Im talking about the federal evidence, jeff. Just find 11,780 votes. Just a statement to his a. G. , just say the election was corrupt and leave the rest to me. Come on. Let me finish, jeff. You know its wrong when you wrote theres little reason to even open a criminal investigation. At least take that back, jeff. Of course, the Attorney General he has concrete evidence of Corrupt Intent here. You expect me to believe that trump was telling the truth . Of course, the Attorney General should take a hard look at this. Now, nobody is saying, im not saying rush to a prosecution. You know and i know we dont have all the information the a. G. Has, but, jeff, youre going to look youre going to look bad, and the country is going to look bad. Thats what matters if emails come out, witnesses come out, other evidence comes out. If we took your principle, we could never investigate a white collar case. So, yes, the a. G. Must investigate, at least admit you were wrong to say theres little reason even to open a criminal investigation, my friend. You just began a whole series of statements of if, if, if, if there is evidence of this, if there is evidence of that. Of course, if there is evidence that Donald Trump was one of the people who in havaded the Capit On The Floor of the senate yes, he should be prosecuted. But there is not evidence now and i havent seen it and i dont think this is a productive route for the country to go down. Oh, there we go. That was i just excused myself from the discussion. Sorry, brianna. It seemed prudent. No, no, dont be sorry. That was quite a discussion. Theres a lot to discuss when it comes to this. It is wonderful to see you both this morning. Norm eisen and Jeffrey Toobin. See you, brianna. Its my turn to take . Thats like ali, frazier tied up into one moment right there. That was something. All right. So, as everyone knows, in texas the governor there Greg Abbott who just tested positive with covid, he has made it impossible or tried to make it next to impossible for Local School Boards and towns to make their own decisions on masking in schools. So, one teacher went on Social Media to express her concern. Listen. If i die, who is going to take care of my children . And if i end up in the hospital, how am i going to pay those bills . And if i give covid to my students or my own children and they die, how am i going to live with that . And i want you to ask any teacher how they feel this year, and im sure that they will tell you that they have never experienced anxiety like this because it is like we are trying to protect our students from a Mass Shooting that we know is coming, but cannot do anything about, except we can do something about it. Its just that not everyone agrees that wearing a mask will stop the onslaught of students and staff, you are likely to become sick and die makes me sick. And we are tired of fighting parents who feel like Mask Mandates violate rights. We want parents to know that we are on the same team. That we would step in front of a bullet and die for your child. And we want for your child to be comfortable, but more than anything we want them to be alive. Joining us now is the woman who posted that video, jenny gil, she is a high School Teacher at round rock independent school district. Today is her districts first day of school. So, teacher, jenny, why did you post the video . Hi. Well, when we went back last week, we got information that not only is our district not allowed to require masks, there has been an update to that. They did have a School Board Meeting and night before last, but we were also told that if we were exposed to covid, that if they recommended that we quarantine, but that we were not going to be receiving any pay for that quarantine and that we would have to use our paid sick and personal days to do so. And after that meeting teachers on my campus and different meetings that i went to, like i said in the video, the