thwarted an constitutional attack on our nation's values and votes. because of you, democracy survived. >> a new video released by the department of justice shows us exactly what officers were up against on january 6th. one of the videos shows what the justice department says is one of the first breaches of the capitol. the person you see right now is using a riot shield to smash a window. that's a member of the so-called proud boys then more than a dozen rioters climbed through that window. the second video also shows a breach of the building. people rushing through a door and down a hallway where they have a confrontation with capitol police officer, eugene goodman. >> hey, where they -- >> definitely not tourists. just unbelievable. jessica, along with that new video, we're learning about a capitol police officer who's been indicted. we were talking about these charges in the last hour. what can you tell us? >> this is notable because this is the first capitol police officer who was on duty that day, but not inside the capitol, to be charged here. two counts of obstruction. they each carry a maximum sentence of 20 years in prison. so it's a six-page indictment. it was unsealed yesterday. this officer appeared in federal court and it lays out details about how this officer, michael riley, allegedly instructed a rioter who was present inside the capitol on january 6th to delete all evidence that he was inside the capitol off of his facebook account. oddly enough, these two became friends at the beginning of january then one day after the riot, this officer got in touch with the rioter and said you have to take down those messages because the fbi is invaes gaiting. this is what he said. he said hey, i'm a capitol police officer who agrees with your political stance. take down the part about being in the building. they are currently investigating and everyone who was in the building is going to be charged. just looking out. so this indictment saying this capitol police officer essentially tipped this rioter off to an investigation. then the second part. this is because this capitol police officer allegedly went in after the fact and deleted all of these conversations with this rioter once he found out that this rioter had been arrested and talking to the fbi about his communication with the capitol police officer. so these two separate obstruction charges for a 25-year veteran of the u.s. capitol police, but now indicted. he appeared in court yesterday. just an initial appearance. he's expected to be arraigned on tuesday. >> incredible. thanks so much for following these details. it's remarkable to see these things being laid out over the course of the last nine months. these new details, very disturbing. thank you so much. last hour, i spoke the u.s. capitol police sergeant. he was at the capitol on january 6th when rioters stormed the building. he was assaulted, doused in chemical chemical spray and called a traitor as he sought to defend his fellow officers and the capitol. months later, he told me he wants those involved to be brought to justice. >> when you hear the former vice president saying that one day in january. i'm still living through that one day and still counting. my injury had not gone away because of that one day in january. so all those people trying to play it off and diminish the danger that we encountered that day not only to ourselves, but our democracy and our government, it's very challenging for us to, and a disgrace as well. because -- >> you're angry. >> yes. frustrating. angry. because of what the level of disservice that they going. and this is coming from people who sworn to protect the country, the constitution. >> what does justice look like to you? >> i think anybody who took part, who's aiding and abetting, those individuals and if it happened to be some capitol police officer, has to be fully investigated as well and they go through a process. i don't have no sympathy for them because that's what they are condoning this. and every four years, this could come back and be the norm. >> he's certainly right about this. let's bring in michael, a former speech writer for president bush. also with us, "usa today" columnist and cnn senior political analyst, kirsten powers. michael, let me start with you. great to have both of you on. let me start with your op-ed that summed up the trump threat that the sergeant was laying out. also eloquently just a few minutes ago, but you write trump has strengthened his identification with the seditious forces he unleashed on january 6th. he has embraced absurd conspiracy theories. shown even less stability, humanity and restraint and his support among republicans has grown. they're in a feedback loop of radicalization. as the kids say, find the lie. no lie there. are america's democratic institutions built to withstand and ongoing assault like this? we said it before. feels like the insurrection hasn't ended. >> this is a case where as those events were taking place that we just saw on the television, the president was making direct, positive efforts to change the leadership at the department of justice. or get them to do things that would undermine the election. this was a serious, concerted effort to undermine the incoming administration and prevent the constitution from doing important work. and that's, you know, and the republican party has become enablers of sedition in the circumstance. they've taken this up as a cause. it's beyond belief. we now have one party that is not a responsible governing party. and that, givern the normal rhythms of american politics, that party could be back in power and that will be a constitutional crisis different than we've ever faced, at least in my time. >> absolutely. and kirsten, the house select committee is moving to hold trump ally, steve bannon, in criminal contempt. i mean, talk about things we haven't seen in many years. is this the outcome that bannon wants though? i think that's part of the conversation that needs to be had. >> yeah, i think that's a great thing to raise because obviously, he loves to play this role. he loves the sort of, you know, poking the bear role and he's going to just get more listeners to his podcast. he's going to raise more money off of this and get more attention and kind of drag this out and you know, this is somebody who said the day before on january 5th, the day before the attack on the capitol on january 6th, that all hell is going to break loose. now, how did he know that? that's a big question and why it's so important for them to talk to him. there may be an element here where it would be worse for him to talk to them than to defy the subpoena, but president biden has said he thinks that this should be enforced. though it is a justice department decision so now those are the justice department and we'll see whether they're willing to enforce compliance with this subpoena. >> and michael, this week, trump e-mailed his supporters saying republican voters will stay home in the midterms and beyond if the gop doesn't solve, quote, the 2020 election fraud issue. again, this is an imaginary issue, an issue he's made up and others have embraced in the party. isn't he describing the georgia effect? essentially what enhanded the democrats the senate? >> every single republican dreads that language. anything the president does to turn out of his supporters is going to be, is going to be bad for their cause. the former president is not doing rational interventions in american politics, but there are destructive interventions and you know, he is solidifying control of a party when he is not either a great strategist or you know, having a governing vision. the only cause that the republican party is rallying around is a personal cause. a cause of the 2020 election being rigged and essentially the grievance of a former president is the agenda of the republican party. and under those circumstances, you know, mainstream republicans, the ones that are left, see how destructive this is going to be in the long run. >> and kirsten, switching gears a bit. president biden was asked about the two democrats holding up his social safety net bill. the build back better bill. let's watch a little of that. >> it's about to deliver. >> right after that, we learned that senator manchin is forcing a key climate provision on to the chopping block. it sounds like that's not going to be part of this final legislation, although some of the progressives in the democratic party are saying hold on, that's not the case. but who's in charge here? >> well, the president's in charge, but he's not king. he's the president. so he has to actually get votes to go along with his agenda and there are 48 democrats in the senate who agree with his agenda. so this has been cast kind of as this divide like there's two equal sides but there's not really two equal sides. the majority of the democratic party, at least the people who are making decisions, completely support this. and then there are two people who are holding it up. and joe manchin is talking about holding up these provisions because the fact that he comes from a state with the big coal industry, but at the same time, the white house has been talking to him about having retraining about moving people who are working in the coal industry into industries that are more industries of the future and that are obviously safer jobs and probably better jobs and he has said he doesn't want to do that because he sees this as some, i guess as welfare or something. which of course it's not. it's just recognizing that this is an industry of the past and that we need to move into something cleaner because of the environment and it's where pretty much every country is moving. so joe biden, it's not really joe biden, there's nothing he could do other than continue to negotiate with these two holdouts and try to figure out a way to get something in the end that resembles the kind of bill that he wants and that he thinks is necessary for the country. >> yeah. and michael, while i have you, let's talk about your old boss. former president bush. on monday, he's holding a fund-raiser for congresswoman liz cheney, who has been under fire in her own party. we have not seen former president bush do a lot of politics since leaving office. he occasionally comes out. he gave those moving remarks on the anniversary of 9/11, but how significant do you think this is that he is trying to help liz cheney? >> well, he would be doing this under any circumstances. i mean, she is part of his political family. he's a very loyal guy. and if she wanted him to do it, he would be doing it under any circumstance. i think we need to say that. but if you look at the people that are going to be in dallas at this fund-raiser, it's essentially what's left of the non, you know, trump republican party. i mean, supporting this event are john boehner and paul ryan and the bolton, the former, trump's former national security adviser. he's giving money. so it is an attempt to say that there is an alternative to trump and not that that is going to win, but it needs to survive. and right now, to survive is an alternative. right now, liz cheney is playing an essential role in determining if this alternative for the republican party is going to survive as an option. i think a lot of republicans know that. >> all right. michael, kirsten, we'll leave it there. thanks so much. appreciate the insights as always. great to see you this afternoon. thanks so much. coming up, the kyrie irving debate. the brooklyn nets star explains why he won't get vaccinated. plus, i'll get reaction from hall of famer and vaccine advocate, kareem abdul-jabbar. next. it's true jen. this prebiotic oat formula moisturizes to help prevent dry skin. impressive. aveeno® healthy. it's our nature.™ new daily moisture for face. 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meadows is no shrinking violet, seen here on his book jacket, standing behind trump looking like clint eastwood. but the chief's hands may be dirty, too. meadows was backstage with the first family before they took the stage on january 6th. wonder if that's in the book. then there's the memo written by one of trump's attorneys. detailing how election results could just be tossed out by then vice president, mike pence, who was evacuated from a senate chamber amid chants of hang mike pence. >> hang mike pence! hang mike pence! hang mike pence! >> yes. yes. some of the insurrectionists were there for a purpose and it wasn't a tour of the capitol. prosecutors noted this in a brand-new court filing alleging that one of the oath keepers sent a text message, civil war starting, just as the riot was getting underway. as long as this drags out, there's a risk that we'll never get to the bottom of what happened. no surprise nine months later, some trump supporters have constructed their own fantasies. case in point, a rally in support of glenn youngkin. the event included the pledge of allegiance using a flag from the insurrection. >> i also want to invite kim from chesapeake. she's carrying an american flag that was carried at the peaceful rally with donald j. trump on january 6th. i ask you all, i ask you all to rise and join us as mark lloyd leads us in the pledge. >> at least they didn't pledge allegiance to the trump flag. youngkin, who didn't attend the rally, has sought to distance himself. >> if that is the case, then we shouldn't pledge allegiance to that flag. there is no place for violence in america today. >> steve bannon was there and trump called in to offer his support. >> i hope he and others by the way, but i hope glenn gets in there and he'll straighten out virginia, lower taxes. do all of the things that we want a governor to do. >> what does trump want him to do? youngkin has made the non-issue of election integrity a big part of his campaign even though there was integrity in the last election. it's just that trump lost. but as one trump adviser told me recently, the gop is now being held hostage by the former president who is threatening s s sabotage if he doesn't get what he wants. he issued this statement -- republicans will not be voting in '22 or '24. it is the single most important thing for republicans to do. by the way, you've seen this. trump is now fund raising off of that threat. rifting on his hostage taking. republican operatives are privately grumbling that trump is repeating what he did in the last georgia senate race. encouraging his supporters to stay home and helping democrats capture the senate. it happens again next year, democrats will keep control of congress. now you might say trump won republicans years ago that he would eventually turn on them. just listen. >> on her way to work one morning, down the path along the lake, a tender hearted woman saw a poor half frozen snake. his pretty colored skin had been all frosted with the dew. poor thing, she cried. i'll take you in and i'll take care of you. she hurried home from work that night and as soon as she arrived, she found that pretty snake she had taken in had been revived. >> yes. it's trump reading his favorite story about the half frozen snake and the woman who rescued him. only to be bitten in the end. but with trump, of course, this is not a poem. it's projection. >> she clutched him to her bosom. you're so beautiful, she cried. but if i hadn't brought you in by now, oh, heavens, you would have died. she stroked his pretty skin again and kissed him and held him tight. but instead of saying, thank you, that snake gave her a vicious bite! i have saved you, cried the woman. and you bit me. heavens why? you know your bite is poisonous and now i'm going to die. oh, shut up, silly woman, said the reptile with a grin. you knew damn well i was a snake before you took me in. >> trump's political career would have ended had republicans just finally given up on him after january 6th. instead, they took in that half frozen snake and they gave him another chance. in return, trump is threatening to poison the party once again. a lesson not just for republicans, but the rest of the country. letting trump off the hook would almost certainly breathe new life into his chances for 2024. as the snake warningeed all of you knew i was a snake before you took me in. be right back. eader. you sure you want to leave that all behind? yeah. stay restless with the rx. crafted by lexus. experience amazing at your lexus dealer. ♪ i've always been running. to meetings. errands. now i'm running for me. i've always dreamed of seeing the world. but i'm not chasing my dream anymore. i made a financial plan to live it every day. ♪ there was a dream ♪ ♪ and one day i could see it ♪ at northwestern mutual, our version of financial planning helps you live your dreams today. find a northwestern mutual advisor at nm.com priceline works with top hotels, to save you up to 60%. these are all great. and when you get a big deal... you feel like a big deal. ♪ priceline. every trip is a big deal. despite the nba having a high vaccination rate, it was kyrie irving grabbing headlines. he went on to explain his decision after the nets announced he wouldn't be allowed to play or practice with the people under the city's vaccine requirements. >> in order to be in new york city, in order to be on the team, i have to be vaccinated. i chose to be unvaccinated and that was my choice and i would ask y'all just to respect that choice here. it's not a political thing. not about the nba. it's about my life and what i'm choosing to do. don't believe that i'm retiring, i'm going to give up this game for a vaccine mandate or staying unvaccinated. don't believe any of that [ bleep ] man. >> all right, my next guest is an nba legend and outspoken advocate for getting the covid vaccine. six-time champion and hall of famer, kareem abdul-jabbar, featured in a psa showing him getting the shot. thanks for being such a great example on this important issue. what do you make of irving saying it's not about being anti-vaccine. it's about what feels good to me. what's your reaction to that? >> i can understand that he wants to do what feels good to him, but what feels good to him can endanger other people. his teammates, their families and the other people that work in the nets organization. if he's going to be around them unvaccinated, he's a risk. so at that point where he is exposing his teammates and people that he works with to the risk of infection, he's not being a good teammate and he has to understand it. they have to protect themselves to the extent that they can and masking and vaccinations have been proven to be effective to that end. so i don't know what he's talking about. >> yeah. it's a tough issue because you know, i think a lot of people out there want to you know, give him the space to figure this out, but the season is upon us. so we're out of time. what do you imagine is going on behind the scenes with his teammates inside the locker room, with the coaches? i assume they're starting to turn to tough love as the approach to dealing with this right now. >> i think that tough love is the only way out for them because they've got to think about the whole organization. they can't just think about one player. have him waste their time and effort and money trying to get him to play. given that the rules in new york city. he has to accept it. >> and we've seen some on the right embrace him as a hero. i've kind of shocking, but maybe not surprising. here's just a couple from donald trump jr., kyrie just sacrificed more than kaepernick ever did. former congressional candidate, laverne spicer. she says they let magic johnson play basketball with full blown hiv but won't let kyrie irving play because we won't get a covid shot. if shthese are the people that e supporting him, shouldn't irving see that as a warning sign? >> i think he should. he doesn't seem to understand people that he's aligned himself with and the people he's aligned himself with. it doesn't matter. if they're vaccinated or not. and we can't have that. we have to protect ourselves. and kyrie went to school in america. in order for him to go to grade school, he had to be inoculated against rubella, measles, polio and a couple of other things. and chickenpox, i forgot that. so if he's not aware of that and doesn't understand that he's already been vaccinated, he's way behind in terms of knowledge and understanding of what the problem is. >> let me ask you about something else. some star players who have been vaccinated like lebron james. took him a while to get around to getting vaccinated. of course there was a lot of coverage about that, but some of these folks have declined to publicly advocate the vaccine for others in the way that you're doing right now, kareem. are you disappointed in some of those players and do you think it's fair to demand more of him than other players because he has that bigger platform? does he need to take on a leadership role in this do you think? >> i think lebron has the discretion to take on issues that he feels are important. for lebron and his family, they're vaccinated. he's not making a big deal of it, but if you want to understand how lebron feels about it, just look at the example that he gives us all in his life without talking about it. lebron has to worry about the beginning of the season. it starts, just started. so you know, that's what he's supposed to be focused on. and maybe he has taken the position that he's going to focus on that and let people who have more time like me talk about the necessity of everybody of going along with vaccinations and wearing masks. >> i want to talk to you about another issue you've been very vocal about. it's police reform. you wrote a piece recently that people can check out. i need to get one of these sub stacks, by the way. it's great that you have one. it's about the trials and triplations of growing up in the '60s and '70s with a black cop for a father. there's a story you tell about what happened after the white owner of a grocery store accused your mother of shoplifting. can you tell us about that? >> well, it was just something, my mom didn't feel like dealing with. my mom was born in north carolina and she had to deal with jim crow and living in new york, didn't feel that was something she had to cope with. and look at my mom's bag and she wouldn't let him. she pulled me out of the grocery store and i think i knocked over a big pyramid of bread. on the way out. but we had to return at another time, my mom and dad returned. my dad, his badge and asked what the problem was with my mom. we never had any more problems like that. but you know, people treat me under the wall sometimes escapes people on how it can affect you and make your life miserable. >> and kareem, what do you make of the fact it looks like congress is not going to do anything with police reform right now. those talks, that effort just completely fell apart. what are your thoughts on that? >> well, you know, that's usually what happens. people can't talk about the reality of the situation. and nothing gets done. and more people die needlessly. we've got to put an end to it and we have to have the political will to do that. >> absolutely. no question about it. all right, kareem abdul-jabbar. thanks for showing some will to join us and talk about these important issues. especially about covid and police reform. great talking to you. big honor to have you on with us. thanks so much for your time. we appreciate it. >> not a problem. nice talking to you. >> i'm a wizards fan so i can't say go, laker, but just this once. thanks, kareem. take care. appreciate it. i'm definitely a kareem fan. zbl coming up, it's not even halloween, so why is fox yelling about a new war on christmas. doesn't make sense to me. plus, pete buttigeg fighting back. ♪ ♪ ♪ (music quieter) ♪ (phone clicks) ♪ ♪ if you're turning 65 soon or over 65 and planning to retire... now's the time to learn more about an aarp medicare supplement insurance plan from unitedhealthcare and get help protecting yourself from the out-of-pocket costs medicare doesn't pay. because the time to prepare is before you go on medicare. don't wait. get started today. call unitedhealthcare for your free decision guide. was that your great-grandmother, keeping the family together? 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move to sofi-and feel what it's like to get your money right. ♪ move your student loan debt to sofi—you could save with low rates and no fees. earn a $500 bonus when you refi-and get your money right. with mucinex all-in-one you've got unbeatable relief from your worst cold and flu symptoms. so when you need to show your cold who's boss, grab mucinex all-in-one... and get back to your rhythm. feel the power. beat the symptoms fast. very strange and nothing merry about this, but i think it's about the right wing media needing to create content against biden. >> the biden who stole christmas. >> christmas has come early for the anti-biden media. >> you'll get your christmas presents next year. >> from the network that brought you the original. >> some far left folks want to diminish judeo and rename the christmas tree the holiday tree. >> comes a sequel inspired by the commander in chief. the gop highlighting that line on social media. as incredibly complex supply chain concerns exacerbated by the pandemic are being boiled down to a simple holiday tune. >> they're trying to protect the president from being the grinch who stole christmas. >> another group said the same words an hour earlier. s >> the white house is trying to protect the president from being the grinch who stole christmas. >> fox is repeating this notion of biden ruining christmas. >> grinch has nothing on these people. the fact is the biden administration has broken our economy. >> laura ingram evening showing cartoons. >> then he went up the chimney himself and the last thing he took was the log for their fire. >> on newsmax, the same theme. just remember, it's still the middle of october. >> they are now officially, the white house has stole christmas. >> marketers call this christmas -- putting out toys earlier every year. right wing media calls it content. >> maybe that's why fauci the fri grinch tried to cancel christmas. >> but the same night, also declared there's a war on halloween because a single seattle elementary school called off the halloween parade. >> you mark my words, thanksgiving the next. presidents' day. the fourth of july. it's coming. >> it sounds like it's hard to have happy holidays with all of those threats coming. but back in the reality-based world, you go out, go to the pumpkin patch, you realize it's not even halloween yet and christmas will be just fine. we've all got a little bit of time to buy presents. >> yeah. i think fox news got run over by a reindeer, but that's just me. i don't know. brian, tucker carlson made some controversial comments about transportation secretary, i shouldn't say -- ugly, bigoted comments about pete buttigieg. you need to get back to work amid a national supply chain crisis. let's talk about that. let's watch what was said. >> pete buttigieg has been on leave from his job since august after adopting a child. paternity leave. trying to figure out how to breast-feed. but now he's back in office at the transportation secretary and he's deeply amused, he says, to see that dozen of container ships can't get into the country. >> i guess he doesn't understand the concept of bottle feeding or paternity leave. what's really strange is this is from a side of the aisle that used to claim the mantle of being pro-family. what we have right now is an administration that's actually pro-family and i'm blessed to be able to experience that, you know, as an employee. >> yeah, i mean sounds like a war on paternity leave. why would you criticize that? i don't understand. >> first of all, what he was saying is hom homophobic. and buttigieg has taken this opportunity to turn it around into a positive. taken the offensive remarks from carlson and going on television. he's going to be on state of the union here on cnn tomorrow. so he's trying to turn it around and point out the paid parent leave is a very good thing. at fox news, they have paternity leave and some of carlson's male colleagues have thanked fox and raved about the value of having that time with their newborns. i regret not taking all the time that cnn offers for paternity leave. i wish i had taken more weeks. this is something so many parents can relate to and why it's so strange to see someone like carlson taking the fringe minority stance on this when everyone is moving in the direction of taking care of families. giving more support, not less, to mothers and fathers. >> is he against dads being home helping out? isn't that what dads should be doing? you know, what a concept. all right, brian. we could go on and on about this, but we won't. thanks so much. great to see you. and catch brian's show. it's must see tv, reliable sources, tomorrow at 11:00 a.m. we'll be right back. next up, carvana. oh, boy. carvana just doesn't seem to understand how the test drive works. they give their customers seven days. and if they don't like it, they give 'em their money back. wait, they take the car back? that's crazy! what if it was driven by like a zookeeper? or a mud wrestler? or a guy who's on the outs with the missus and he just needs a place to sleep for seven days? yeah. (vo) buy your car online. love it or return it. with carvana. at fidelity, your dedicated advisor will work with you on a comprehensive wealth plan across your full financial picture. a plan with tax-smart investing strategies designed to help you keep more of what you earn. this is the planning effect. alberto and i don't fit into those other family plans. that's why we love visible. yeah, it's wireless with unlimited data and if you join a group it's as low as $25/mo. just get together and save! we look goooood! visible. wireless that gets better with friends. i see you found the snacks. mmm, delicious! i need this recipe. everyone thinks i made them, but it's actually d-con. what was that? judy? d-con. mice love it to death. a scary moment for motley crew front man last might. he was performing in tennessee when he fell off the stage and suffered broken ribs. a member of the band said he wanted to continue, but was having a hard time breathing. we hope vince is doing okay and although fellow gen xors are can be those songs. conspiracy theories have always been around but social media reached millions. that's the subject of a new episode of this is life. >> these algorithms, can they be built to work differently to stop spreading information that is not true? >> you'd have to agree on a source of truth then feed that truth into the algorithm and then you'd have to tell the algorithm create engagement, meet the profit numbers, but do it without lying. the reason that's not happening in my view is the incentives aren't there. even though i believe it is within their capability. >> you mean that facebook wouldn't make money. >> they wouldn't make as much money. >> this is life airs tomorrow night at 10:00 on cnn. we'll be right back. e found out our son had autism, his future became my focus. lavender baths always calmed him. so we turned bath time into a business. and building it with my son has been my dream job. at northwestern mutual, our version of financial planning helps you live your dreams today. find a northwestern mutual advisor at nm.com acelerar. no paro de acelerar. que me va a frenar. ♪ que me va a frenar ♪ ♪ si acele.. ♪ ♪ y si acelero no me paran ♪ ♪ el viento pega en mi cara ♪ ♪ si acelero no me paran ♪ ♪ el viento pega en mi cara ♪ ♪ estoy brillando con mi drip drip ♪ ♪ una luz que no se apaga ♪ ♪ ♪ (jackie) i've made progress with my mental health. so when i started having unintentional body movements called tardive dyskinesia... i ignored them. but when the twitching and jerking in my face and hands affected my day to day... i finally had to say, 'it's 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. 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(jackie) talk to your doctor about austedo...it's time to treat td. td is not ok. visit askforaustedo.com. in business, setbacks change everything. so get comcast business internet and add securityedge. it helps keep your network safe by scanning for threats every 10 minutes. and unlike some cybersecurity options, this helps protect every connected device. yours, your employees' and even your customers'. so you can stay ahead. get started with a great offer and ask how you can add comcast business securityedge. plus for a limited time, ask how to get a $500 prepaid card when you upgrade. call today. you are live in the cnn newsroom. president biden today honoring the nation's fallen police officers add the very spot where officers defended the country against an insurrection. this comes just one day after