good evening. we begin tonight with breaking news that is not only a major step in the january 6th investigation but could also be a clear sign of where the house select committee is taking it. the committee, late today, asking house minority he leader kevin mccarthy to volunteer information about communications he had with the former president and the white house -- former white house chief of staff mark meadows on and around the day. now, mccarthy, as you know, could have volumes to say about what the former president was saying and thinking as violent supporters assaulted the capitol. he was on the phone with him, begging him to call off the mob he incited, only to be answered with the following. quote, well, kevin, i guess these people are more upset about the election than you are. that is according to a republican congresswoman who memorialized the exchange in notes at the time. in its letter to mccarthy, the committee cites the exchange and says it is seeking insight into the former president's state of mind. but another passage in the letter suggests that the panel could also be seeking evidence the former president may have broken the law, by obstructing an official proceeding and they want to know what mccarthy knows about it. quoting now. for example, even after the riotous crowd ultimately dispersed late in the day january 6th, then president trump and his legal team continued to seek, delay, or otherwise impede the electoral count. the select committee wishes to question you regarding communications you may have had with president trump, president trump's legal team, representative jordan, and others at the time on that topic. letter also signals interest in a topic that got considerable play at several points in the former president's time in office. namely, his mental competence to hold office. quoting again. it appears that you may also have discussed with president trump the potential he would face a censure resolution impeachment or removal under the 25th amendment. it also appears that you may have identified other possible options, including president trump's immediate resignation from office. so, there's much more, of course, and we'll talk about it shortly, along with the likelihood, or little likely hood he'll cooperate. here's what he told cnn's manu raju about it in may. >> would you be willing to testify about your conversation with donald trump on january 6th if you were asked by an outside commission? >> sure. >> you would? >> next question. >> so that was then. as you know, he would later go on to torpedo a bipartisan commission, tell members to boycott the current one, and strip committee member liz cheney of her leadership post. as you also know, congressman mccarthy has said plenty in the past and then slunk away from it. >> the president bears responsibility for wednesday's attack on congress by mob rioters. he should have immediately denounced the mob when he saw what was unfolding. these facts require immediate action by president trump. accept his share of responsibility, quell the brewing unrest, and ensure president-elect biden is able to successfully begin his term. >> so, that was the kevin mccarthy of january 13th, talking about the man who sicked a mob on him, his members, his staff, and workplace. a man who then refused to call them off. and here is kevin mccarthy two weeks later, posing and grinning with the man who might have gotten him killed. the question is which version will the committee get, now that they have given him the opportunity to come clean. more now from cnn senior justice correspondent evan perez, who starts us off. what is the committee's most -- what are they most interested in learning from mccarthy, you think? >> well, anderson, i think you read some of the parts of this letter, which really go to the committee's pursuit of, you know, the frame of mind that the former president had in those days leading up to january 6th and thereafter. it's clear they have information and they make reference to the fact that they have information from other witnesses, including text messages, which shed some light on what appears to be a collapse of the president's, perhaps, you know, wellness in office in those days. and so, one of the things that the letter says is that the -- they know that mccarthy spoke to the president multiple times in -- not only on january 6th, but in those days. and would have information not only about his frame of mind, his well being and whether or not, you know, people around him were considering removing him from office, because of concern that he was not well. and so, that's what you see in this letter, and as you pointed out, mccarthy has been extraordinarily close to the president, especially during those days he was calling for the president to intervene. and he clearly had some very vivid reactions to what happened on january 6th, at least at the beginning. >> has mccarthy or his office had a response to any of this? >> they have not. he's the third republican member to be asked for voluntary cooperation by this committee. jim jordan and scott peterson are the others. both of those others have said that they are not likely to provide anything and as you pointed out, i think mccarthy is probably going to take that same route, given the fact that he's already told the other republican members to ignore what this committee is doing. >> evan perez, appreciate it. thank you. joining us now, cnn chief political analyst, gloria borger. also cnn contributor and former ambassador to the czech republic, norm eisen. gloria, the letter, i mean, what do you make of it? it really did seem to lay out where the committee is headed with the investigation as we mentioned, the former president's state of mind and his intent. >> yeah. i think it really does provide a roadmap. it tells the story of where the committee is going to go. i don't think it is a coincidence that the committee mentions in this letter the president's state of mind. three times. because they want to find out from mccarthy what the president's intent was before, during, and after the insurrection. and they believe, of course, that mccarthy, having had all these conversations with the president, with his staff, can shed some light on it. but there is another bread crumb in this letter that i don't think we should overlook, and that is over the question of obstruction. the letter asks, did president trump or his representatives discuss or suggest what you -- meaning mccarthy -- should say publicly, either during impeachment or any investigation about january 6th? so, is that -- are they leading towards obstruction? are they leading towards witness tampering? you have a good lawyer right over here. maybe we can ask him. but i think this is another important thing that the committee is investigating. intent and obstruction. >> norm, what jumped out to you? >> well, i do think that the focus is on 18-usc-1512, anderson. i agree with gloria, and that is obstruction of congress. look. it's already been charged against the lower-level insurrectionists. why shouldn't the insurrectionist in chief -- former president donald trump -- get a very, very hard look at whether he intentionally obstructed congress in whipping the crowd into a frenzy on january 6th. and then, this is where kevin mccarthy comes in. in doing nothing to make an appropriate statement for 187 minutes, reportedly, he told mccarthy when mccarthy begged him in that period, anderson, he said well it looks like the rioters are more upset than you are, kevin. words to that effect. so, that could establish the grounds for criminal referral the committee has been talking about that against the president. and then, afterwards, as well. continued efforts. and mccarthy voted against certifying the legitimate electors chosen by the american people. so there's plenty for the committee to learn from him. whether he cooperates is another question. i mean, gloria, i mean, do you >> yeah. i mean, gloria, i mean, do you see, under any circumstances, him cooperating? >> no, i don't. you know, mccarthy has now led the charge against this committee because nancy pelosi did not put, for example, jim jordan on the committee, who has now been asked to testify, as we know. so he's going to call it partisan. he is going to say, you know, i already told you everything i have to say, there's nothing left to say. i mean, we're obviously -- want to wait to hear from his office. also, politically, i might add, it wouldn't do him any favors if he wants to be the next speaker of the house if the republicans gain the majority to cooperate with this committee. so, donald trump wouldn't like that very much and i think it's very, very, very unlikely that he'd cooperate. >> so, norm, i mean, knowing that he is, you know, again, the chances of him cooperating are slim, why would the committee even ask? is it just to kind of have, on the record, that he declined? >> well, anderson, we often two through this in congressional investigations and we did when i worked on the first impeachment of donald trump. there are some witnesses that you must make an effort to get. and mccarthy is so central to this. we already have a lot of information and i'm sure the committee, in their letter, they have alluded to this, has more information corroborating what mccarthy knows about the president's possible intent to obstruct congress -- a federal crime. so, they've got to make an effort. whether they pursue him to the ends of the earth with criminal contempt, as they've done with steve bannon, successfully so far, he's being prosecuted, we'll see if he's convicted. i doubt they'll go that far with mccarthy. >> but norm, i mean, it is pretty stunning, you know, if the top-ranking republican in the house of representatives does not fully cooperate with a dually-impaneled investigative committee -- we're all so used to this, it's worth stepping back and just pointing out, i mean, that's really extraordinary. and the whole arguments about, well, it's politicized -- even if it's politicized, what's wrong with turning over information to a dually-impaneled investigative committee? you can say you are not happy with what the panel did with it. but i -- it's kind of extraordinary. >> it's the rod of trumpism, anderson. it's extended beyond the trump administration. kevin mccarthy -- i didn't always agree with him on policies. but used to be a respectable figure. i worked with him when i was an ambassador. this is reprehensible. anderson, think about it. this was an attack on the government of which he's one of the most senior owe officials. on the actual building in which he works. and that is being investigated by the institution in which he is the -- the house of representatives -- the highest-ranking republican. it's an utter contempt for the rule of law, for accountability, for his constitutional duty. and his silence, if he refuses to cooperate, goes back on what he told manu raju. his silence will speak louder than words, and that is, by itself, powerful. that's why they are going after him. >> yeah. gloria, i mean, the timetable on all this, obviously, there is a clock ticking. >> yeah. and look, the committee is very much aware of this. you know, they've interviewed hundreds of people. but they have to wait for a lot of things. they have to wait to see, does this justice department, for example, pursue contempt against mark meadows? does the supreme court -- what does the supreme court say about privilege? the archival material they are seeking is in litigation. so they -- they also have a bunch of outside forces that they have to deal with. i think they're working as fast as they can, but i do think they're really aware of the clock. they want to get this done, which is why we see letters like this, because they are letting us know where they are in their investigation, and it think we can expect some hearings somewhere down the line. >> gloria, appreciate it. gloria borger, norm eisen as well. thank you. now, more breaking news on how far team trump went to make it appear they won the election. surreal lengths, as it happens. in any case, phony. cnn's sara murray has details. so, what are you learning about what trump allies did in the weeks after the election? >> reporter: essentially, they were trump allies in seven states donald trump lost -- places like michigan, pennsylvania, arizona -- who decided they were just going to come up with fake certificates and they were going to submit those to the nation archives and those fake certificates say donald trump was actually the winner of those states that he lost. now, the watchdog group american oversight found these documents, and essentially what these folks were doing is they were trying to mimic an official process that is part of the electoral college. you know, what happens is the governor signs a letter, essentially saying joe biden won our state. they submit that letter to the national archives. the national archives later submits that letter to congress. so, they have it for the official count of the electoral votes on january 6th. apparently, the trump allies thought they could just submit their own certificates and that would be fine. >> and these fake certificates would serve no legitimate electoral purpose since they have no signatures? >> they did not. you know, they were not signed by a governor, they were not signed by a secretary of state. the officials that were involved in the election process were not behind these efforts. this was coming at a time, though, where you have to remember donald trump was trying to hold on to power. he was calling governors. he was saying, don't certify the elections and he had people who were around him saying, you know, states could seat this alternate slate of elect. obviously, that is extremely constitutionally questionable. that is not what happened but seems to be what some trump allies were getting at. what they actually got was a public relation stunt. >> wow, like diplomas from trump university. >> like me writing on this paper anderson cooper is the president and won michigan. >> amazing. sara murray, thank you. coming up next, with the country bracing for peak omicron and the cdc still trying to get its message straight on what kind of mask people should wear, we'll talk with senator bernie sanders about his plan to get the most protection to most people. later, the former president's latest hang up. what he said in his latest interview about 2024 and why he dropped the line almost in the question. enamel in its weakened state. it's innovative. my go to toothpaste is going to be pronamel repair. ♪ and i'm gonna keep on lovin' you, ♪ ♪ 'cause it's the only thing i wanna do. ♪ turns out everyone does sound better in the shower. and it turns out the general is a quality insurance company that's been saving people money for nearly 60 years. ♪ 'cause it's the only thing i wanna do ♪ shaq: (singing in background) can't unhear that. for a great low rate, and nearly 60 years of quality coverage - make the right call and go with the general. ♪ get a head start in investing with the new schwab starter kit™. new investors can open an account and get $50 to split across the top five stocks in the s&p 500®. you can also unlock short videos, step-by-step guides, and other easy-to-use tools designed for people just getting started. plus, investment professionals are on standby 24/7 if you ever have a question. it's the smarter way to start investing. ♪ ...so at at&t everyone gets our best deals. aren't others doing that? 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>> look. here is a simple fact. this is mask. this is mask. but these are very different masks in terms of their effectiveness. this is an n95 mask. this is just a -- a mask that most people use. the truth of the matter is, a mask is not a mask. an n95 mask is far, far more effective in protecting the individual and also stopping the spread of the virus to other individuals. and we are going -- we have introduced legislation with 15 co-sponsors which would make sure that n95 masks are distributed to every household in america, free of charge. we can save lives, save money, if we make sure that all of our people have the best quality masks available. that's what we are trying to do. >> there is usually -- you know, there is a limit on how long one mask should be worn even with n95 masks. how -- are you talking about sending one mask to each house? >> no, no, would be more than one mask. it would be at least half a dozen masks. but you know, and then -- it's also not only getting the masks into people's homes, it's to educating people about the need to wear good quality masks. >> when you have republican colleagues, like senator rand paul, who is a medical doctor, by all reports, attacking dr. fauci and fund-raising off it in the middle of a pandemic, what does that say about the hostility in the senate with regards to covid? >> well, it says that it is quite unbelievable that, at a time when we face one of the great public health crises in modern times, that you have members of the senate, instead of trying to figure out how we protect the american people, and masks are not the only thing we can do, they are attacking scientists and doctors who are working overtime, trying to help us address this crisis. and to raise money off of those attacks is beyond the pale. >> do you think the administration and the cdc is being clear enough with the public when it comes to which type of mask people should be wearing right now? >> no, i don't. i don't. and i disagree with dr. walensky just said. of course, we want everybody to wear masks. if people for whatever reason don't want to wear an n 95 mask, fine, then wear something else. >> but the simple fact is that a whole lot of people don't know that an n95 mask is far superior and more effective in protecting the individual and in spreading the virus than a common mask. so, we've got to get that word out. we have to educate. people don't want to wear the n95, fine, then don't. but we should at least educate people and make those masks available. it will save lives and save money. but you know, anderson, it is not the only thing that we have got to do. you know, we've got to continue to work on making sure that we have as many people vaccinated as possible. we've got to make sure that our schools are safe with the kind of ventilation systems that can keep xlclassrooms healthy. we need to make sure that the new therapies that are out there, so that when people come down with covid, they can get the treatment, perhaps a pill form. pfizer has done some good work on this. we got to distribute that as widely as possible. we need to do more research and development to develop something like a universal vaccine for whatever may come down the pike. we are facing a major, major crisis and instead of attacking scientists, what we have got to do is all work together to figure out how we can make the american people as safe as we possibly can. >> i mean, do you think there is anything that could happen to the united states that the -- the country would rally together, as it did during world war ii? as it did after 9/11? i mean, do you think there's something? i don't -- i mean, i am not wanting something bad to happen, but i just -- i worry about our ability to pull together. >> well, anderson, i think that's a very important point. and what i would say -- look, if you are watching this and you are tired of covid, you are frustrated with covid, you are frightened about covid, people in your family are coming down with covid. you can't go to work, your kids can't go to school. your kids are not getting the education they need. hey, you are not alone. that is how the american people are feeling, in general. not only america. that's how people all over the world are feeling. but as, you know, i think you intimated, this terrible crisis that we are facing -- it is real. you know, people shouldn't think they're the only one or depressed or feeling anxious about the moment. this is a terrible, terrible time. but to throw our hands up into despair and to attack everybody is not going to solve the problem. we got to -- all of us, you know, i'm just thinking back, you mentioned world war ii, and people should remember, some people do, that in 1942, hitler was on the march, japanese imperialism was on the march, two years later, the whole war was over. we turned it around. we can do the same with this. we got climate change out there. we got people attacking american democracy. we got a lot of problems but let we us work together to get out of this very serious moment in american history. and if we do, i think we can. >> briefly, i just want to ask you about some other senate business. minor leader mitch mcconnell railed today against president biden's speech in georgia. the president was pushing for the senate to change its filibuster rules to pass voting rights legislation. compared lawmakers to segregationists. just for viewers, i want to play some of what mcconnell said, and then ask you to respond. >> to demonize americans who disagree with them, he compared, listen to this, a bipartisan majority of senators to literal traitors. how profoundly, profoundly un-presidential? the president's rant -- rant -- yesterday was incoherent, incorrect, and beneath his office. >> what do you make of that? i mean, given his silence during the trump administration. >> i tell you -- i tell you what is beneath one's office. and that is, to have senators like mcconnell -- apologists for republican governors and legislatures all over this country, who are, with surgical prec precision, trying to suppress the vote, coming up with extreme gerrymandering. working on legislation, which will take away the rights of independent election officials and given to partisan republican majorities. there is a massive effort, right now, worst in modern american history, to undermine the very foundations of american democracy and that's all built on the big lie that trump really won the election in 2020. absolutely fictitious. but that's what republicans are peddling right now, and it is absolutely imperative that every member of the democratic caucus -- all 50 of us, plus the vice president -- vote to pass the freedom to vote act to overturn this outrageous anti-democratic action that's taking place in numerous states all over this country. >> senator sanders, appreciate your time tonight. thank you very much. >> thank you. up next, what prompted the former president to hang up on a reporter during during an interview. he does a lot of talking on the to topic, but it seems he didn't want to be asked about it. plus new developments on the grand jury investigation into alleged sex trafficking by florida republican congressman matt gaetz. tell you who testified today. with age comes more... get more with neutrogena® retinol pro plus. a powerful .05% retinol that's also gentle on skin. for wrinkles results in one week. neutrogena®. for people with skin. 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we did have that statement by mike rounds. >> because mitch mcconnell is a loser, and frankly, mitch mcconnell, if he were on the other side, and if schumer were put in his position, he would have been fighting this like you've never seen before. he would have been fighting this because, when you look at it, and this is long -- is a long way from over, people have no idea how big this issue is and they don't want it to happen again. it shouldn't be allowed to happen and they don't want it to happen again. and the only way it is not going to happen again, is you have to solve the problem of the presidential rigged election of 2020. >> mr. president, if i -- whoa, whoa, one more question. i want to ask about a court hearing yesterday on january 6th. he's gone, okay. >> joining us cnn political analyst, "new york times" washington correspondent, and long time trump authority, i guess we could say, maggie haberman. thanks for joining us. you heard the interview this morning. i am wondering what your takeaway was. >> my take away was and i think kaitlan collins made this point on last night's show. it was very familiar what we saw with press conferences and the campaign before that. he tries to set the agenda, he tries to say what he wants. in this case, he clearly wants to keep spreading his lies about the 2020 election and name-calling any republican who challenges him. what is interesting is he does not want to talk about january 6th. and you can see that. he wants to talk about the election. he doesn't want to talk about what happened that day. >> i want to play a portion of the interview with the former president defends his focus on 2020. >> is it a disadvantage for republicans to keep talking about the 2020 election in 2022? >> no, i think it's an advantage because, otherwise, they are going to do it again in '22 and '24. >> i mean, what's remarkable when you think about it is, other than talking about spreading the lies about 2020, if he does plan to run again for president, i mean, what is the health care policy? what is his take on education policy? i mean, there's no policies being discussed. there is no issues being discussed, other than him talking to any diner who, you know, will listen in mar-a-lago about his lies about the election. >> yeah, that is exactly right anderson and look, this is similar to 2020 when he was running for re-election and couldn't articulate what he wanted to do with another term. he is not articulating anything not just about the future and about policy but about anything that connects with the american voter and what that he will be voting on. yes, there is a segment of his voters who will vote on this issue but they were probably going to vote for him anyway. this was his problem over the course of four years and it's part of why he lost is that he was never at all concerned about growing his base of support. he was concerned about retaining what he had. and to do that, all you do is shrink it. this is not -- 2020 is not a driving issue for the majority of voters and so he could almost certainly win a republican primary talking about this. it is hard to see how he casts this further. >> since republican senator mike round said he accepts the results of the 2020 election, we have seen others support him. why do you think they are willing to -- i mean, i don't know if they are really standing up to the former president or at least on this issue, at least, just stating a fact? >> i think in mike rounds' case, i think that he is in a safe seat right now and he doesn't have to worry about an election, so, he is able to say what i have to assume he believes. i think that in the case of other senators, there are some who are up for re-election. there are some who genuinely -- and don't want to talk about this. and then there are people as we have seen like senate minority leader mitch mcconnell, who is clearly decided he is not going to give any attention to trump, negative or positive. the problem is ignoring trump doesn't work, either. so, you know, i think that rounds is maybe among a slow-growing chorus. but we're going to see how that plays out, because, at the end of the day, many of these senators still do fear him. >> i'm sure you are asked everywhere you go, do you think the former president will run? what's your response? >> my -- you know, my personal, you know, ometer is that i assume he's going to run. he is certainly doing everything one would do to run. but what's interesting, anderson, is he is very focused on ron desantis, the governor of florida, in particular. there are a bunch of republicans who have not told him they won't run if he does. they have just sort of left it open. in the case of desantis, trump has been complaining to people that desantis won't say that he is not going to challenge him. that really bothers him. desantis, you know, there is no question that desantis would not have won his race in 2018 without trump's help, but desantis has been really unwilling to be the kind of subsidiary of trump that other candidates and -- and politicians have turned themselves into and i think trump is struggling with that. i think that's what that conversation is about. i don't see why he wouldn't run. but, you know, it's a while away. >> we played it earlier, another swipe at the fsenate minority leader mitch mcconnell. there has been very little traction when it comes to demands to remove mcconnell from leadership. why would the former president keep -- i mean, i guess he just pushes this because what else is he going to talk about? i mean, this is just -- >> i don't think it's strategic, anderson. i mean, i hear an enormous amount of frustration from a lot of people. in conversations with trump, or infrequent conversations with him, that he won't move off of these attacks that they consider counterproductive. even the people who share his antipathy of mcconnell, and there are some but they don't think this is helping him. they don't think this is a way to go forward. this isn't a strategy. this isn't a tactic. this is just something he wants to talk about. >> maggie haberman, appreciate it. thank you. in orlando, florida, an ex-girlfriend of congressman matt gaetz testified today before a federal grand jury investigating him for alleged sex trafficking. the republican denies any wrongdoing and has not been charged with any crimes. cnn's paula reid joins us now with more. what does it tell us about the status of the investigation into the congressman? >> well, anderson, it's a significant development in the ongoing investigation into alleged sex trafficking by congressman gaetz, this is a reminder the investigation no matter what he says, is active, it's ongoing, and it could be nearing a conclusion. now, today's witness as you noted was an ex-girlfriend of gaetz's and she is seen as a key witness. she testified before the grand jury hearing evidence in the case in orlando today. and, anderson, i want to be clear. this is not the woman who was just 17 when sources say she allegedly had sexual contact with the congressman and several of his associates. this woman is a former capitol hill staffer, she was linked to gaetz as far back as the summer of 2017. and that's significant, because investigators are interested in that time period, because that is when he is accused of shavin sex with that underage girl. now, investigators are not only looking at whether he may have been engaged in sex with that girl, they are also looking at whether he was involved in sex trafficking and whether he or any of his associates have tried to interfere into the federal investigation into these alleged crimes. now, let's look at the timeline here. the investigation began into gaetz began in around the summer of 2020 under then-attorney general bill barr. and what started out as an investigation into these allegations of possible sex with a minor expanded to include other potential crimes, including whether gaetz tried to obstruct the federal investigation. and cnn has previously reported, federal investigators have evidence that gaetz and one of his associates wanted to talk to this ex-girlfriend in the fall of 2020, so, shortly after the investigation was opened, after gaetz had retained an attorney. so, investigators, anderson, they are likely going to want to know, what did gaetz and his associate wand tot to talk to h about? was she pressured not to be truthful? did she pressure anyone else not to be truthful? and whether she has any other evidence of criminal activity. >> and how is the congressman responding? >> it's interesting to watch this shift in tone from his team today. obviously, he's not been charged with any wrongdoing, but in a statement today, his lawyer said, quote, we have seen no credible basis for a charge against congressman gaetz. we remain steadfast in our commitment to challenge any allegations with the facts and the law. and that is a real shift in tone from his camp, which has historically just dismissed or mocked this investigation. but the woman we saw today, having testified before the grand jury, anderson, based on what sources have told me, she could be a star witness in any potential trial. and legal experts say this is the kind of step that you take before you charge someone. and, look, it signals that the justice department could be moving closer to an indictment but of course, any criminal charges against a sitting member of congress would have to be approved at the highest levels of the justice department. and, of course, this is not an attorney general known for making decisions quickly without a thorough review. >> yeah. paula reid, appreciate it. thank you. federal judge handed down a ruling today that could lead to a british royal standing trial here in the united states. cnn's max foster has the new details on prince andrew's sex abuse lawsuit, next. well, would you look at that? 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[echoing] get a quote today. ♪ we are farmers. bum-pa-dum, bum-bum-bum-bum ♪ prince andrew could now face a civil trial here in the united states after a judge refused to dismiss the sexual assault lawsuit against him today. the british royal, third child of queen elizabeth, is set to come up against a series of legal proceedings that could have major ramifications for buckingham palace. cnn's royal correspondent max foster has the story. >> reporter: prince andrew's accuser, virginia roberts giuffre, says the british prince first raped her in 2001. she says andrew knew she was 17 at the time. and he was one of several men she was being trafficked to by now notorious late sex offender jeffrey epstein. giuffre alleges she met andrew at the london townhome that epstein's longtime girlfriend ghislaine maxwell, where he first abused her. the prince claims he took his daughter to a pizza party that night. denying any encounter with giuffre. >> i have no recollection of ever meeting this lady. >> reporter: then, in 2010, two years after epstein was convicted of two state prostitution charges in florida, the prince seen walking with a now registered sex offender in new york's central park. soon, negative publicity about the prince and epstein's relationship begin to circulate. the next year, another controversial image. this one, of andrew with his arm around his accuser -- virginia giuffre -- allegedly, taken at ghislaine maxwell's home in 2001. andrew has suggested the photo could be fake. >> nobody can prove whether or not that photograph has been doctored, but i don't know recollect that photograph ever being taken. >> reporter: between 2014 and 2015, giuffre alleges that in the past, andrew sexually abused her at epstein's private island, at epstein's mansion in new york, and at epstein's girlfriend ghislaine maxwell's home in london. buckingham palace responded that it has emphatically denied that the duke of york had any form of sexual contact or relationship with giuffre. in 2019, giuffre repeats her claims on television. >> he knows what happened. i know what happened. and there is only one of us telling the truth, and i know that's me. >> reporter: that same year, epstein dies by suicide in his jail cell as he awaits trial for federal sex trafficking charges. then in december, his former girlfriend was convicted of sex trafficking and other crimes related to epstein's abuse scheme. now, a judge says the civil suit brought against andrew can continue, after the prince's lawyers had tried to get it thrown out. but the ruling doesn't determine the facts or validity of the case. if it's not settled, the british royal could face trial between september and december of this year. there are no good options here, anderson, for prince andrew here. he either does nothing, goes to default guilty judgment potentially. leaving that stain on him and on the wider royal family. or engages with the process, and all that detail that embarrassing detail will come out during discovery and potentially depositions. long depositions involving the prince, drawing in other members of the royal family. again, that's not ideal at all for the family. in a year when they are meant to be celebrating the queen's 70 years on the throne. so, the other option -- the least-worst option is trying to come up with some sort of settlement with giuffre. but how does prince andrew pay for that? but does he ask the queen to contribute, dragging her into it? also, does imply some sort of wrongdoing there and acceptance of it there. and who knows if he will even be able to reach a settlement with giuffre? this was her statement from her team today, saying, "this was an important step in the heroic and determined pursuit of justice as a survivor of sex trafficking." and that doesn't sound like someone that wants to settle. that sounds like someone who wants her day in court. so, even that least-worst option of settlement might not be available to prince andrew. >> max foster, appreciate the reporting. thank you. in just moments, we could learn the fate of expecting a decision on whether novak djokovic can play in the australian open. a live report next. theyyyy're loooaded! turns out, michael buffer speaks like that all the time. and it turns out the general is a quality insurance company that's been saving people money for nearly 60 years. and in this corner, coconuuuut shriiiiiimp! for a great low rate, and nearly 60 years of quality coverage - make the right call - and go with the general. let's get rrready for garlic breeeaaad! we're carvana, the company who invented car vending machines and buying a car 100% online. now we've created a brand-new way for you to sell your car. whether it's a year old or a few years old. we wanna buy your car. so go to carvana and enter your license plate answer a few questions. and our techno wizardry calculates your car's value and gives you a real offer in seconds. when you're ready, we'll come to you, pay you on the spot and pick up your car, that's it. so ditch the old way of selling your car, and say hello to the new way at carvana. some of my best memories growing up, were cooking with mom. she always said, “food is love.” so when she moved in with us, a new kitchen became part of our financial plan. ♪ i want to make the most of every meal we have together. ♪ at northwestern mutual, our version of financial planning helps you live your dreams today. find a northwestern mutual advisor at nm.com your record label is taking off. but so is your sound engineer. 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 discomfort back there? 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>> for sure, anderson. on december 16th that was the day according to his mission in his court filings to appeal this ruling he got a pcr test showing that he was positive for the coronavirus. he was administered the test and got the result back seven hours later. djokovic says he didn't know about the result until a day later, only after he appeared at an event giving trophies to a bunch of children but he says he did know about it when he decided to conduct a photo shoot with a french newspaper. he's saying he willingly, knowingly went to an engagement while knowing he was positive without informing the journalist and photographer about this. this is raising even more criticism, obviously, of his whole handling of the pandemic and safety concerns there. >> wow. that's pretty stunning. what's the expectation of how immigration authorities might rule? is there any sense? >> they're certainly building a case against him. it seems like after losing this initial appeal on procedural grounds, they're taking their time a bit. they're not so worried about the impending australian open. there is a lot of evidence against djokovic now and he still doesn't meet the criteria that the federal government laid out for vaccination exemptions. this idea of a recent positive test is not enough to get into the country unvaccinated. so he's still very much in a sort of purgatorial damocles moment here waiting for this ruling from the immigration minister. >> we'll be watching. ben rothenberg, really appreciate it, thank you. we'll be right back. narrator: on a faraway beach, the generation called "our greatest" saved the world from tyranny. in an office we know as "oval," a new-generation president faced down an imminent threat of nuclear war. on a bridge in selma, alabama, the preacher of his time marched us straight to passing voting rights for every american. at a gate in west berlin, a late-generation american president demanded an enemy superpower tear down a wall and liberate a continent. american generations answering the call of their time with american ideals. freedom. liberty. justice. for today's generation of leaders, the call has come again to protect our freedom to vote, to fortify our democracy by passing the freedom to vote act and the john lewis voting rights act because america - john lewis: we are not going back, we are going forward. we hit the bike trails every weekend shinges doesn't care. i grow all my own vegetables shingles doesn't care. we've still got the best moves you've ever seen good for you, but shingles doesn't care. because 1 in 3 people will get shingles, you need protection. but, no matter how healthy you feel, your immune system declines as you age increasing your risk for getting shingles. so, what can protect you? 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