of halyna hutchins during the rehearsal of alec baldwin's film, "rust." this photo was taken just before she was shot to death last thursday. this afternoon the d.a. and the sheriff held the first news conference on this case saying they have much more work to do. >> the man who pulled the trigger and is a producer on the movie, does alec baldwin himself face the potential of criminal charges? >> all options are on the table at this point. i'm not commenting on charges, whether they will be filed or not or on whom. no one has been ruled out at this point. >> the sheriff also revealed that investigators extracted the suspected live round that he believes killed hutchins from the shoulder of joel souza, the director of "rust." the sher. >> referee: sheriff said the round is now with them for analysis. josh, tell us about the evidence that sheriff mendoza says has been collected? >> we learned a lot at that press conference to include the amount of evidence they collected. over 600 items including 500 rounds of what's being described as ammunition. now, one step law enforcement has to take is try to determine whether that -- how much of that is live ammunition, how much might be inert dummy rounds typically used on a set. one of the key pieces of information we learned from this press conference is that there was live ammunition on the set, we know how halyna hutchins died. it was from a projectile coming out of that pistol that alec baldwin shot that ultimately took her life, that according to the sheriff. i asked a question about how live ammunition could make its way on to the set. the sheriff said that remains under investigation. we heard reports earlier in the week that perhaps crew members were conducting target practice on the day or two prior to that incident, but raising serious questions there. i also asked the sheriff about the whole idea of live ammunition being on the set. of course, as we covered this case, it's not just one incident here, we're talking about something that potentially industry-wide could be impacted. you have producers, directors, cinematographers on sets all the time who want to work on a safe environment. i asked the sheriff about live rounds on the set. take a listen to what he said. >> sheriff, can you speak to the idea of public safety on movie sets? you're responsible for safety in this county. curious about your thoughts of the use of real weapons on the sets of movies. >> the industry has had a record offing wi being safe. i think they were complacent on this set and there are standards that need to be looked at, but i'll leave that to the state and the unindustry to determine what that should be. >> these preliminary results about the cause of death from the sheriff, that's only the first part of the investigation. there's still more work to be done. they're trying to determine how those live rounds got on the set. the sheriff's department did indicate that two people handled that weapon prior to alec baldwin taking custody of it. it was the armorer, the person responsible for safety on the set involving firearms as well as the assistant director. we're told from the sheriff that all of the witnesses are being cooperative and answering questions from law enforcement. but, of course, this is not over yet. according to the district attorney's office they're weighing all the evidence in the case. she said nothing is off the table. everyone involved is still a potential target as they conduct this investigation and try to determine if anyone will be held liable for this tragic death in santa fe. >> josh campbell, thank you. let's discuss this with reba martin, an attorney and cnn legal analyst and scott toshaa, a stunt coordinator. you do this for a living. did you hear anything from that press conference that answered some of your questions? >> so, no. it actually -- i had more questions. there were three firearms recovered from the set. one was a live weapon, which why that was on set is beyond me. the other he said was not a live weapon. so we don't know, was this a blank firing weapon, a replica where it can't -- there's no firing pin, you can sometimes load bullets in them but they wouldn't fire. the third one was a plastic dummy gun. that should have been probably what alec baldwin was drilling with. apparently he was practicing a complicated cross draw maneuver, which is not common, where the holster would be on the opposite side and you draw across your body. that should have been probably what he was practicing with. it's interesting that there were 500 rounds removed from the set, whether they were live ammo, blanks or dummy rounds. what a dummy round is, it's basically an inert round. there's no gun bo prouder. sometimes they're filled with bbs so you can share them and hear what they sound like. i'm curious to find the breakdown of how much of each type of round was available on that set. >> scott, you point out the number there of rounds, this is a western. 500 rounds. is that an atypical amount regardless of the breakdown? >> i've been on sets where you can pop 100 rounds in a day. it's not that difficult to do. so if they were -- if this was for the whole production, it's possible. i don't know what the script is like or how much gunfire there was. that is not uncharacteristic for a production like this. >> i want to ask you about the charges, and whether any criminal charges will be filed. we heard the district attorney say it's too soon to tell. there was a question about who might be responsible, and here was the district attorney's answer to that. >> are there press cedents for case like this in santa fe county, where someone fired a gun, thought it was a cold gun, but other people loaded the gun, it wasn't the person who actually fired it but could be held liable? is there any precedent for a case like that in your county? >> no. >> it's a tricky legal battle. >> it's a complex case. it will require lots of legal research, analysis and review. >> let's talk about that. someone who could be criminally charged who didn't fire the weapon. >> yeah. i think the district attorney put it best when they said this is a complex case. there's no precedent in her state for holding someone criminally responsible. what we're hearing from this press conference and others is that there were a lot of safety protocols not followed on this set. according to some of the crew members there were meetings not attended to, safety protocols not followed. some reporting this armorer was not sufficiently experienced to be on this set. one person who was up for the job said he didn't take the job because there were lots of red flags with respect to how the production company was handling this set. now we're learning this assistant director was fired from another set because a gun was accidentally fired. there are so many red flags happening at this set. i think as the district attorney said, no one is off limits at this point. a lot of folks are jumping to the conclusion that alec baldwin or other individuals may not be charged or may be charged, but i think this is a wait and see, complex investigation. as this district attorney said, everyone at this point is a subject to this investigation. >> sheriff mendoza categorized what you described and others have called general complacency. they were asked if general complacency could be reached to criminality. her off the cuff answer was no, but she'd have to research it. do you believe complacency could lead to criminal negligence and there could be some charges? >> i don't know if i agree with the characterization of the sheriff as complacency. if people are using live ammunition for target practice as some reports are coming in, if safety meetings are being canceled or not attended, if the protocols for handling of a gun and use of live ammunition are not being followed, that doesn't sound like complacency to me, that sounds like something more than simple negligence. if that rises to the level of criminal culpability, we'll have to wait and see. i don't think we should dismiss this as complacency. no one should die on the set of a movie. this young woman, halyna hutchins, lost her life. somebody needs to be held accountable. whether it's criminally or civilly, that question is still out. definitely changes need to be made with respect to this issue. you should not go to work and get shot and killed. >> that's the larger point here. yes, this is one horribly tragic incident that we're all obviously following closely because we know alec baldwin, we know some of the players in this. this could change movies how we know them and how they're filmed and shot because so many people are appalled by this. what are your thoughts? >> the industry has a pretty good record as far as safety when it comes to firearms. the two big tragediyies happene years ago. i think guns should fall under stunts as opposed to prop. they often fall under the prop department. not that there are not amazing talented, experienced, quality prop people, but at stunts we do dangero dangerous things safely. i would like to see them fall under that. i would also like to see only modified firearms brought on to sets. the weapon that alec baldwin fired was a live weapon. it was just a regular gun. you can walk into any gun shop and buy it. i would only like to see modified weapons used on sets. those are two quintessential changes. and every protocol that i could think of was violated on this set honestly. >> we know this investigation will continue and that there will be future interviews with many of the people there on the set. thank you both so much. >> thanks. democrats are racing to find new ways to fund that social safety net package. we have details on the tax plantar getting billionaires like elon musk and jeff bezos and bill gates. >> and new roadblocks are popping up throwing negotiations once again into jeopardy one day before president biden heads overseas. we have a status report this we from the very first touch, hour. pampers, the #1 pediatrician recommended brand, helps keep baby's skin drier and healthier. so every touch will protect like the first. pampers our retirement plan with voya, keeps us moving forward. hey, kevin! hey, guys! they have customized solutions to help our family's special needs... hey, graduation selfie! well done! and voya stays by our side, keeping us on track for retirement... ...giving us confidence in our future... ...and in kevin's. you ready for your first day on the job? 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your new pharmacy is amazon pharmacy. ♪ limu emu & doug ♪ got a couple of bogeys on your six, limu. they need customized car insurance from liberty mutual so they only pay for what they need. what do you say we see what this bird can do? woooooooooooooo... we are not getting you a helicopter. looks like we're walking, kid. only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪ 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 democrats are racing for a deal on the new funding bill and the climate positions, but several key policy issues are unresolved. senator joe manchin expressed o optimism on a framework. >> we're not getting this done today. this will take time. the president made it clear he will go over to the house and explain to the house that i have a framework but there's an awful lot of work to be done. >> cnn learned that at least 40 house members will vote against the infrastructure bill if they're presented with only a framework. they won't a vote on both bills. jessica dean is with us now. where do negotiations stand now? >> we have seen a letter outlining a lot of what we know about what may make it into the bill and what may not make it into the bill. interesting it was said they are making great progress on expanding medicaid. dem they made progress on climate. they felt good about universal pre-k and child care. what is on the edge, they're still working on a paid family leave policy. we've been talking to democratic senators, they're trying to work something out as we speak. it remains seen if they can get that in the final bill. that's a big one they wanted to get into the bill. the other thing is expanding medicare to include dental, vision and hearing. that was a big one, it is a big one for senator bernie sanders and progressives. right now it remains to be seen if all three of those will be included, if none of those will be included. those are some of the sticking points, but it's telling we got to see that letter from house speaker nancy pelosi laying out the blueprint. one other thing that's important to note that she wrote. she said we are facing a crucial deadline for the bipartisan infrastructure framework to pass, to do so we must have trust and confidence in an agreement for the build back better act. trust and confidence, that's not quite what progressives wanted. they want a vote. the question now is will this be enough to get those progressives on board? they're continuing to try to thread that needle here on the hill today. >> jessica dean following all of the fast-moving developments, thank you. less turn to our cnn politics reporter. let's talk about this new proposed billionaires tax and how democrats got to this point. they may not be here long because we're already hearing some people don't like it. >> yeah. let's first of all, jessica outlined everything that might be in the bill. the other side of it is what the bill might cost. we're talking about probably in the vicinity of 1.7 trillion to 1$1.9 trillion, which means if you have this, how do you pay for it? joe manchin said he will not vote for a bill that adds to the deficit, so this all has to be paid for. how did we get here? opposition to other more traditional tax proposals, joe biden has said no taxes on the middle class. that was part of his campaign. that won't happen. more conventional tax hikes that democrats might use to fund this, raising the personal income tax rate, raising the corporate income tax. k krir kyrsten sinema said we're not doing that. so there's a tax on billion billionaires. if you mad e and bought stock, you made money on that, you have no income on it, it just exists. they want to say stock shares, real estate, if you're a billionaire, if you meet this criteria, you pay based on that. now, the problem here is this raises questions about what counts as income. yes, you technically have made $10 million, but you don't have the $10 million. you have not sold the stock. again, unrealized gains. it's not realized gains, it's unrealized gains. that's where you get into dicey territory. the legal piece, it's unclear that you can tax money that people don't have. you could get into trouble there. the head of the ways and means committee in the house, do i like the politics of it? yeah. i think it's sensible. the implementation for the plan could be more challenging, which, again, is how do you tax these things that people have not made? they don't have this money. they got lots of money, they don't have this money. they're not liquid for it. like you said, we may not be talking about it all that long. just some context, who does this impact? not that many people. but they're very, very rich. elon musk made $80 billion in the last four days. bezos, gates, zuckerberg, not having a great couple weeks, but still wealthy. and warren buffett. we're talking about a select group of people, but they have massive amounts of wealth. if you tax their unrealized assets, you get a lot of money. that helps you get to that 1.75 to 1$1.9 trillion price tag. >> just very, very quickly. if we tax -- there's something like 700 billionaires. could that close the gap of paying for this? could they make up that amount of money we need? >> i'm no economist. i think you would get a lot closer in terms of funding solutions. the issue, again, is unrealized assets. what does that entail? who figures out what that specifically is? we're talking about private transactions from private individuals. it's one of those things that politically sounds good because people say, yeah, billionaires, people need to pay their fair share. a lot of these people, their income is extremely low year to year, they don't need to draw up salary. all of their assets are in stocks, those sorts of things. they don't pay a lot. so politically, it's a winner. the question is can you practically do it and to your point, how much does it actually yield? we saw this proposal a few days ago. i don't think the people who proposed it know the answers yet. >> this goes to what warren buffett says, he shiouldn't be n a lower tax bracket than his secretary, which he is. thank you. merrick garland fires back on the doj memo that has become a gop rallying cry. ask you coul ever wonder how san francisco became the greenest big city in america? just ask the employee owners of recology. we built the recycling system from the ground up, helping san francisco become the first city in the country to have a universal recycling and composting program for residents and businesses. but it all starts with you. let's keep making a differene together. attorney general merrick garland was on the hill today g facing gop lawmakers. >> the memo ordered local authorities on how to address threats targeting local school officials. jessica schneider has more on this hearing. it really was the common denominator in the questions from the republican senators focused over and over on this memo. >> that's all they've been talking about, guys. the attorney general refuses to rescind this memo. republicans have really been seizing on this memo as a talking point for weeks now. they're falsely stating it's meant to stifle free speech, falsely portraying this memo as a directive to arrest parents who speak out at school board meetings. it requires law enforcement to talk with school boards to discuss threats. today he is forcefully depending this memo saying he's not targeting parents and parents are protected by the first amendment to vigorous debates, but he's still getting major backlash from republicans. >> did you consider the chilling effect your memorandum might have on parents exercising their constitutional rights? i think you can answer that yes or no. >> what i considered, what i wanted the memorandum to assure people that we recognize the rights of spirited debate and -- >> mr. attorney general, you're an accomplished lawyer and judge, you can answer the question. did you consider -- >> i do not -- >> -- the chilling effect that this sort of threat of federal prosecution would have on parents exercising their constitutional rights to be involved in their children's education? >> i don't believe it's reasonable to read this memo memorandum as chilling anyone's rights, it expresses the constitutional right to make arguments about your children's education. >> the attorney general has been answering questions like this all day long since the hearing started at 10:00. he rejected an allegation from some republicans that he was acted under the directive of the white house to issue this memo, despite those repeated calls from republicans to rescind the memo, garland saying he stands by it. this is really become the key talking point for republicans both in the house and the senate. of course they're using it in election races like we're seeing in the gubernatorial race. this is a big issue on parental choice and the education system. >> conservative media, too, talking about parental choice. thank you. lawmakers investigating the insurrection signal they are going to subpoena a lawyer who worked with president trump's legal team. now we've got new footage of that lawyer discussing his attempts to convince the former vice president, mike pence, to overturn the election. nurse mariyam sabo knows a moment this pure... ...demands a lotion this pure. new gold bond pure moisture lotion. 24-hour hydration. no parabens, dyes, or fragrances. gold bond. champion your skin. do you have a life insurance policy you no longer need? 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>> because mike pence is an establishment guy at the end of the day. all of the establishment republicans in d.c. bought into this very myopic view that trump was destroying the republican party. >> cnn reached out this morning to eastman's office for comment but we have yet to hear back. joining us now iis cnn's legal analyst, and dana bash. for those republicans who say, and we heard this from secretary rice over the weekend, it's time to move on from january 6th, the say people who sold the lie leading up to the insurrection are still selling that lie to people who are believing that. pushing that narrative forward. >> yes, victor. i think lawyers are leading the charge. eastman is one of those lawyers. this is especially dangerous for two reasons. the first is that when lawyers provide a baseless legal theory as eastman did in this case to essentially overturn the election, his idea was that mike pence could basically throw out the electoral count act, which he cannot do, and override the constitution, which he cannot do, when lawyers present a baseless legal theory like that, they're giving legal cover and permission for other people to follow along. secondly, they're weaponizing the lawyer against the principles it's meant to protect. we've seen this before, for example, with the torture memos by the former head of legal council. these are dangerous for our democracy. i think the legal profession has a reckoning on what to do with these lawyers who are violating their legal professional responsibility to uphold the rule of law and misusing their skills and credentials and authority. >> dana, we've learned from the leaked facebook documents that when people in positions of authority like john eastman, particularly politics, say misinformation and crazy things they're giving more weight and the public believes them more than they believe their neighbor saying something like that. by the way, this happens all the time. what we're seeing now that politicians are trying to do is whitewash what happened on january 6th. keep pretending that it was no big deal. it was just a protest. here's just little bit of sound. >> you didn't know the tv footage was a video from january 6th, you would think it was normal tourist visit. >> by in large it was peaceful protests except there were a number of people basically agitators that whipped the crowd and breached the capitol. >> i knew those were people who love this country, that truly respect law enforcement, would never do anything to break a law. so i wasn't concerned. >> january 6th was just a riot at the capitol. if you think about what our declaration of independence says, it says to overthrow tyrants. >> they're just going on and on. started in may, that sort of whitewashing has continued. you hear the freshman congresswoman from georgia just coming up with her newest angle on this. >> just a riot. >> it's just also from the declaration of independence that you're supposed to do that. >> you see the evolution or the differences. it does seem that majorie taylor greene's argument as out there and as outlandish as it is, is different from the other ones who are saying the images you're saying and what you experienced firsthand and never mind our friends and colleagues in the press corps didn't actually happen. what she is saying is actually it did happen. there was a riot. there was an insurrection. that was their constitutional right to do that. that's exactly what was encouraged by and since the founding of america. which is also just kind of mind blowing. it does seem as though that argument is the one that is -- still has a lot of residence with the people that she is speaking to and they're the same people that the former president is speaking to and there are a lot -- and there really is a good amount of support for that in the republican base, which is driving a lot of decisions by local lawmakers in these states, chi which i know we will talk about, to change some of the things we do in the future. >> what we've seen and heard at this q&a, this is with the founder of turning point yesterday. >> we're living under a corporate and medical fascism. this is tyranny. when do we get to use the guns? i'm not -- i'm not -- that's not a joke. i'm not saying it like that. literally, where is the line? how many elections will they steal before we kill these people? >> no. i -- no. hold on. stop, hold on. now i'm going to denounce that and tell you why. you're playing into all their plans and they're trying to make you do this. i'm saying with he have a fragile balance right now in our current time where we must exhaust every single peaceful mean possible. >> now, cnn has been unable to identify who that audience member was and when contacted for comment, turning point wrote their founder immediately and unqequivocally denounced any violence and pushed for peace as any activist on either side of the political spectrum should. that's what we heard from that organization. when you hear what we heard from majorie taylor greene in this contest who says what you saw on the 6th is what the declaration of independence says that we should do against tyrants and you have people who still believe the work is undone, i want you to pull that thread of the danger of what we're hearing from leaders. >> yes, victor. listen, if your goal is to overthrow the government, even if you think they're tyrants, if your goal is to overthrow the government, it's not a protest or tourist visit, it's a coup. it's also a crime. it's called sedicious conspiracy. if you're organizing people to use arms and violence to do it, that would be considered leveeing war against the united states and it is treason. so, i think that majorie taylor greene should really familiarize herself with these legal definitions, because, you know, as someone who reportedly helped in the planning of the rally at the ellipse, you know, i think at some point the fbi will question her about her participation what she knew, how she was involved. the goal she just stated will be very relevant in terms of what the intentions were of the people who planned the rally that day and what they anticipated happening afterwards. i think what she said was very telling. >> i don't know if she does a lot of reading homework, i take your point. dana, all of this plays into your special tonight, just the roots of the big lie and the real world consequences of it. so let's watch a portion of what you'll be showing tonight. >> poll watchers are already there. >> they have a lot more leeway now. >> poll watchers are there there, okay? >> fair that they have more leeway? do you agree with that? >> no. i don't. >> you can look voters in texas, particularly voters of color in the eye and promise them that this new law that you voted for -- >> yes. >> -- will not suppress their vote? will not make it harder for them to vote? >> absolutely. i can look them in the eye. i can make that case. >> houston's mayor told us with texas flare that he doesn't buy it. >> don't tell me it's not raining. don't tell me you're not engaging in voter suppression. i'm concerned that people have not fully -- they don't fully understand the dynamics that they are putting in place. >> tell us more. >> the context of this is one of the many changes that the texas republican-led legislature passed and the republican governor signed was to allow more freedom of movement by partisan poll watchers who do already exist, but have them -- allow them more freedom, i should say, again, that's the key word from their point of view, in these election facilities, and actually have criminal penalties against election workers where if they're seeing things untoward, to remove them. all of this relates to the conversation we were having because this kind of change is a direct result of the conspiracies and the lies that people like the guy at turning point stood up and said that the election was fraudulent. so we want to have our people in these voting booths. most remarkable thing about having conversations, particularly with republicans in texas and also in georgia as part of this special is that nobody said that they believed the big lie. they did not believe -- they do not believe that donald trump should still be president. they believed that joe biden was freely and fairly elected, but they all pretty much to a person said they're getting a lot of pressure from their constituents who are being lied to to make changes. >> that's really remarkable. it doesn't make it right. you have to at some point tell your constituents that's not true. that's not what happened. that's not what they're doing. thank you both very much. be sure to tune in for dana's new cnn special report "stop the vote: the big lie's assault on democracy" it airs tonight at 9:00 p.m. eastern. children as young as 5 years old could get their first dose of the covid vaccine as soon as next week. but trying to convince some parents to get their kid in line, that's easier said than done. can be transformational. daddy! for the best audio entertainment and storytelling. audible. why hide your skin if dupixent has your moderate-to-severe eczema, or atopic dermatitis under contl? 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