he's contemplative to the point of paralysis, he's going to let them all off the hook just so the department of justice is not still somehow perceived as political as it was under the prior administration. and even though his doj, as you know, has charged more than 700 people connected to the attack, and that's just so far, look, he's been well aware of the frustrations out there. he hears them. he actually responded last week, and he vowed that it was far from over. remember this? >> the actions we have taken thus far will not be our last. the justice department remains committed to holding all january 6th perpetrators at any level accountable under law, as long as it takes. >> as long as it takes. i bet some of you probably heard that and a part of you somewhere within you, you conflated this attorney general with maybe a robert mueller, right? you had the deja vu of the mueller years. i hope it's not too soon to mention them. you probably rolled your eyes, thinking it might only be the minions and the drawn-out process. if it's the minions and not the leaders prosecuted for the worst attack on our democracy in modern american history. but he told you, as long as it takes. i bet you thought it would take a much longer period of time. and it's still not over. but more would be coming. well, guess what? here it is today. the first charges of seditious conspiracy have now been filed in connection with the terror that we all saw and witnessed unfold at the capitol. now, this isn't against the president, donald trump, or the t then-president and now defeated president trump, or any of his aides. but these people on the screen, they're not insignificant players in the grand scheme of things. and the doj has just filed these charges against, as you're seeing, the leader of the oath keepers, stewart rhodes, and ten other people. so this was not by all accounts in the indictment, well, it wasn't spontaneous if you ever thought it was, and somehow you construct gallows on the fly and everyone just happened to be here on january 6th. spontaneity wasn't your first thought here, was it? it wasn't a crowd going wild all of a sudden or a group of overzealous, what was the phrase, tourists, according to some members of congress. according to the doj, january 6th was highly and allegedly organized and also planned. they lay it all out in the indictment that was handed down by a grand jury yesterday. but not unsealed until today, which is why we're just now learning about it. and these defendants are accused of conspiring and organizing into teams. quote, prepared and willing to use force and to transport firearms and ammunition into washington, dc. they're accused of conspiring with other people to oppose, the fancy language, the force and execution of the laws governing presidential transfer of power, a fancy way of telling you, trying to stop what we've come to expect as the peaceful transition of power. and this man you're seeing on the screen is the biggest fish of the 11. and we always talk about who is the biggest fish, who is it going to be, you're looking at him. the founder of the far right militia oath keepers. he's accused of all kinds of plotting. the indictment says even on his way to dc on january 3rd, he allegedly bought an ar platform rifle and other firearms equipment. we're talking about sights and mounts and triggers and slings. tourist? i think not. and the doj says that he sent out a chat room message, get this, on november 5th, which is two days after the election. november 5th. but even before the race had ever been called, saying, quote, we aren't getting through this without a civil war. too late for that. prepare your mind, body, and spirit. how can two days after an election be too late? for what, exactly? and talk of a civil war on november 5th, alone? these defendants are facing serious jail time if convicted. but i bet some of you are surprised that the word "treason" hasn't come up. which brings me to what i want to explain about the difference between treason and sedition. and look, i know that a lot of people will use the term "treason" colloquially, casually, this is treasonous behavior. i get why we say that, casually. but it's not a casual term. it's a legal term that requires the government to prove something, that someone has actually aided and abetted an actual enemy of the united states. and the way that's been interpreted as a nation is, how or who we are war with. that's the enemy of the united states. now, we are politically divided, and no one can really argue that we are not, unfortunately. but we're not literally at war under that definition, as it has been interpreted. and there is also a political angle to this, because the founding fathers intentionally limited the application of that term in the constitution, because they were concerned that, like the case in jolly old england, that this term and this accusation would be used as some excuse and opportunity to silence opposition and punish political dissent. even henry viii had one of his wives executed because they defined treason so selectively, a harm to the king, that accusations of adultery qualified. but thankfully, in the united states of america, we don't have a king. and we don't want a king. and that history, the political issues, constricts the way we are able or want to charge certain crimes. but seditious conspiracy, that's a horse of a different color. in fact, it might surprise you, it's a more serious crime technically than insurrection. it's when two or more people conspire, the meeting of the minds, conspire to overthrow or destroy by force the government. and what it is is a definitive statement that those weren't tourists after all. so where will this investigation go next and how high up the alleged conspiracy are we really going to go? we've got three key guests tonight as we take this news apart. we have a lawyer for the oath keepers' founder stewart rhodes who is also representing another defendant. we have michael fan one, who wa a capitol police officer on that day. we begin with a member of the january 6th panel that issued rhodes a subpoena back in november, that same month where you heard that chat about "too late" and "a civil war." congresswoman zoe lofgren of california, welcome to "cnn tonight," i'm glad you're here. thank you. >> thank you, good evening. >> good evening. congresswoman, it surprised people, first of all, to recall that there is the january 6th committee, of course, and there is the doj investigation. you're operating on really parallel tracks. but there is some intersection here, because you had subpoenaed rhodes as part of the committee back in november. what did you want to know then? and anything you can tell us about why you identified him so quickly? >> well, i can't get into all of that, but certainly it became quickly apparent that oath keepers had played a role, and we wanted to learn a lot more about that. we did issue a subpoena to him. i want to make clear that the department of justice investigation is separate from ours. obviously we're a legislative committee, we can't indict anybody. doj can. but it appears that we are looking at similar things in some cases, including this one. >> was there any heads-up that was given or did you find out the news about these charges like everyone else did, in the news today? >> i found out about it on the news. actually one of the committee members texted me the news. you know, we've been in depositions all day long, and as we seem to be every single day. and so we're plowing through the evidence, and i think this is a significant charge that doj has made very serious charges. >> and on that point, and you're doing a lot of work, interviews, investigatory work as part of your oversight and legislative function, and i wonder if it's impacting your ability to convince and persuade people who are now looking at the doj charges and may say to themselves, look, hold on, the legislative action of the select committee is one thing, giving testimony, but if what i say may be used against me in a court of law, do you have concerns that the pacing and the decisions of the department of justice might impact your ability as a committee to get the information you're seeking from this point on? >> well, so far we've had for the most part good cooperation from witnesses. obviously the few who have stonewalled the committee take up most of the news space, but the vast majority of people we've asked to speak to us have come in to speak to us. a few have asserted fifth amendment protection against prosecution, one of the things we're considering is whether or not to seek use immunity to require testimony in some of those cases. we haven't made a decision on that. we are proceeding very vigorously. there is a lot of information that we have received. but there's a lot more to find out. and we're working as quickly as we can. we worked through the holidays. it is a very intense investigative experience. >> and congresswoman, of course, for the audience, you know, the idea of a use immunity essentially is whether or not you're going to be able to prosecute someone in the future if there is that motion to do so and that nod, based on what they're telling you in front of the committee right now. are they getting protected to make sure they can be as forthright and candid with you and down the line as possible. i'm curious to see how that actually plays out. final question, congresswoman zoe lofgren, a lot of focus for people, we talk about the audience of one, but really there's a focus of one for so many americans who think to themselves this entire committee, and you've been accused as a committee on this very notion, that the whole focus is about the former president donald trump. is the investigative committee right now looking very broadly and to what extent do you think the oath keepers are tied to the former president? >> well, we're looking very broadly. i can't tell you what ties they have, if any, to the former president. but obviously that's of interest. our goal is to find out everything that happened leading up to the 6th, what was the plot, what happened on the 6th, and then to take steps to let the american people know everything we've found out, and to recommend steps, legislation, or administrative steps so that this will never happen again. that's our mission. >> congresswoman zoe lofgren, thank you for your time, i appreciate it. >> thank you. up ahead, talking about use immunity, i'm having flashbacks of being a prosecutor right now, trying to figure who's going to get it, who's not. but coming up, the recollections of someone who was attacked at the capitol that day. retired officer michael fanone was badly beaten and even suffered a heart attack. i wonder what he makes of these first charges of seditious conspiracy. i'll ask him, next. money right. ♪ ♪ ♪ ♪ move to a sofi personal loan. earn $10 just for viewing your rate — and get your money right. ♪ ♪ ♪ ♪ ♪ ♪ ♪ with chase security features, guidance and convenience, banking feels good. chase. make more of what's yours. ♪ (peaceful music) ♪ ♪ ♪ (battle sounds from phone) ♪ ♪ (battle sounds stop) ♪ ♪ (dragon roar from phone) ♪ ♪ >> vo: my car is my after-work decompression zone. ♪ music ♪ >> vo: so when my windshield broke... i found the experts at safelite autoglass. they have exclusive technology and service i can trust. >> singers: ♪ safelite repair, safelite replace. ♪ as a dj, i know all about customization. that's why i love liberty mutual. they customize my car insurance, so i only pay for what i need. how about a throwback? 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zero. most have been hit with charges like parading. parading. who knew that was a crime? has anybody been charged with sedition? nobody. has anybody been charged with treason? nobody. why do they keep calling it an insurrection? >> how many times do words like insurrection and treason appear in indictments against the january 6th rioters? the answer, zero. >> and how much they know about what they're talking about, the same thing. nothing. let me tell you about this issue here. of course i've already explained earlier in the show as to why treason would not be charged. it would not be applicable unless we were actually at war, they were aiding, abetting, or giving comfort to it. but the idea of sedition actually is there now, and there are 11 people, 11 charges right now, 11 people who have been charged. members of the oath keepers and associates have now been charged. so i hope that ends that line of inquiry. something tells me it might not. but the doj says in its indictment they organized into two different groups at the capitol. and they referred to one as stack one and the other as stack two, as you see there. stack one, they joined a mob of people, some of whom attacked officers, law enforcement officers, using things like pepper spray and flag poles and numerous improvised weapons and projectiles. and the other members of what's called stack two were standing nearby, according to the indictment, aggressively berating and taunting law enforcement officers who were just guarding the perimeter of the capitol building, and threaten officers that were already outnumbered. and even scarier, if it can be called that, the indictment says that the group had set up what they call, quote, quick reaction force teams offsite who were prepared to rapidly transport firearms and other weapons into washington, dc. still think they're tourists? joining me now is one of the officers that was attacked that very day, former dc metropolitan police officer and cnn law enforcement analyst michael fanone. i'm happy to see you, michael, but i'm sad to see you under these circumstances, because this is not where we should be and thinking about this. yet here we are, a year later, still talking about it. i know you're personally reeling from it, as the nation is. i want to hear, michael, what is your reaction to now hearing that there are sedition charges against 11 people? what's your thought? >> first, thanks for having me. i think these charges confirm that the fbi has uncovered evidence that supports what many of us who were on the ground that day defending the capitol witnessed firsthand, that there were highly organized groups who were exploiting the chaos of that day and that the leaders of these extremist groups were intimately involved in the planning, the preparation, and the training of their members. the charges also speak to the group's specific intentions to interfere with and impede congress from certifying the 2020 election. i also think they directly contradict the narrative that january 6th was some kind of wholly spontaneous event. my familiarity with these groups is limited. i was a drug guy in the department. but from what i do know, you know, many of these groups ascribe to a nationalist, antigovernment i haddaho -- ideology. these are the people donald trump and his supporters invited into the government. they've been successful in holding the gop hostage. >> you mentioned your background in drug cases. frankly i think that experience is transferable here. these conspiracy charges, as you know, you don't just go after, as in a drug case, you don't just go over the drug pusher. you want to go after the kingpin, figure out who's been delegating the criminal activity. when we're looking at the conspiracy, the people organizing it, what about your experience there, letting you say, there's something here about the organization, this is something that was not spontaneous at all. what about their activity led you to believe in those harrowing moments, frankly, that this was a coordinated attack? >> i mean, it was clear to me that there was some degree of coordination, specifically at the lower west terrace tunnel. i mean, while there was elements of spontaneity, there was also individuals there that clearly had prepared for the events of that day. they were wearing military style gear, kevlar invvests, kevlar helmets. you don't bring those types of equipment to a peaceful protest. you don't come equipped with chemical irritants, with weapons, firearms. those are just things that you don't bring if your intention is peaceful protest. >> i think you're right. and doj confirms that at least today in their thoughts, and the grand jury, more importantly, has now issued those indictments. michael fanone, thank you so much. >> yes, ma'am, thank you for having me. when we come back, you're going to hear from a lawyer for a founder of the oath keepers. he actually is an attorney for them, and they're now in serious legal trouble. i'm curious, what about stewart rhodes' defense be? could this arrest lead to bigger names in the trump orbit or is he the biggest fish on the hook? 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>> thank you, good to talk to you. >> i'm eager to talk to you. first of all, it's a very big day. you don't represent this defendant on the criminal front, just in terms of the committee. but they're on very parallel tracks, i'm sure you can imagine, they probably want very similar information. and i would love to hear from you what you anticipate the defense being, because if they've got these signal messages, if they're suggesting he sent messages even in november, long before the january attack as well, that there is some notion of conspiracy, are you concerned at all about what defense he possibly could mount? >> well, they're very serious charges. let me say that nobody represents him on the criminal charges because they've just happened. so there's that. but they are very serious charges. when they go to trial, though, one must put the entire document or post or recorded statement before the jury, which is not what we see here. i think their main defense is going to be that some very serious things happened, like in the arch tunnel, what michael fanone was just saying about the lower west side terrace. but that these aren't the guys who did it. now, even the government says that they're accusing him of an organizational role. they admit they did not commit any violence, they did not hurt any police officers, they did not damage any property, but they're charging them with being conspirators, the organizers, aiders, abetting, those sort of things. >> well -- >> those are serious charges but we do believe they have to prove it. and i know from the documents that they have, they knew last may and march that they came to be support services for the demonstration. so -- >> well, but on that point, excuse me, on that point, yes, they are charged with conspiracy, which of course is a very serious crime. but we also know we're talking about ideas of having weapons in other places, in close proximity, if they need to have it all of a sudden. your client's own statements in different chat rooms and messages talks about the issue of civil war and about the idea of essentially the urgent behavior. and so it's not like -- if we're dealing realistic here, it's not as if they were going there to braid each other's hair, right? they actually were -- what was the role, why do you think they were actually there? was it to disrupt the government, to take violent action? what was the reason they are telling you they were actually there? >> there are about three reasons which the government has well-documented, the prosecution, is that they wanted -- they were providing security/usher services for the peaceful demonstration at the ellipse. they were coming to the capitol for a permanent demonstration in lot 8 that alex jones and ali alexander were going to have. that went off the rails and didn't halppen. they also believed, and i don't pretend to understand this, but they thought the president was going to invoke the insurrection act and they might be called up in the nature of a militia. that sort of escapes my understanding. but they really did believe it might come to that, that the president would call upon them. but -- >> i'm sorry. i want to get to your opinion but i also want to focus on what they're saying. who told them to provide security? are they acting under the direction of someone in particular or were they volunteering and presuming to provide it in some way? were they instructed? >> they were volunteers, but they were asked, originally about ali alexander's event planning firm, to come to one of event and then they were redirected over to the ellipse for the women for america first rally. and they were there, and, you know, their role was to escort people through the crowd, provide medical support, that sort of thing. >> i know you can't see me, jonathan, i'm frowning a little bit, i want to tell you why i'm furrowing my brow the way i am. i'm having a hard time believing the notion, just from seeing what the indictment says and some of the documents, that they believed they were only there to provide security, because if you're looking at the oath keepers' own words, right, you've got january 6th, after trump was speaking, which by the way might inure to the benefit of donald trump, all i see trump doing is complaining. i see no intent by him to do anything. so the patriots are taking it into their own hands, they've had enough. another time on december 25th in a signal message and threat it was, there is gonna be blood in the streets no matter what. another time, december 26th, wait for the 6th when we are all in dc for insurrection. another time in november, you're going to be in a bloody, bloody civil war, and a bloody -- you can call it an insurrection or call it a war, a fight, the fight is coming. that to me doesn't say we're going to help navigate people and escort them through a crowd. doesn't that say to you that there were plans in some way to engage in or at least expecting violent behavior? >> i see how someone could see it that way. but i'm going to demand that all of the -- the entire conversation be in front of the court when that comes out. >> fair enough. >> because i don't think a lot of these things are about what they intend but lamenting the state of our situation. and, you know, the last time the sedition conspiracy act was brought in 2010, it failed. the judge threw it out, saying just statements can't be a seditious conspiracy. and i know what the prosecution has. they know that it's an ironclad lock that they were there to support the demonstrations that had permits. but like i'm saying, they also believed that there could be a massive attack by antifa and the middle world in quick reaction force is "reaction." they also believed that the president might call on them, you know, to be deputized, in effect, to deal with something out of control. so i don't get that, but that's what they thought. they thought that they might be asked to step in and they had all these weapons ready. but of course the thing is, they didn't bring them into the district of columbia. >> well -- >> and the president didn't invoke the insurrection act. >> jonathan, i understand your role as an attorney, i've been there myself, the idea of having to represent your clients. and i'm not attributing these statements to you. but we both know as lawyers that the idea of conspiracy means you have to take at least one step in furtherance in an overt act and the preparation you're talking about, the idea of planning, the idea of assuming and preparing that you might be deputized by the president and having guns placed somewhere that you could actually use them, as we call them in the law, these are bad facts for the client. but we'll talk another day as well. jonathan moseley, thank you for your time. >> thank you. we're going to turn now to the major defeat today for president biden on federal vaccine mandates for businesses. hhs secretary xavier becerra is here tonight. the question is what can the administration do now to stop more outbreaks among the unvaccinated? 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just ask your asthma specialist about dupixent. we're a different kind of dentistry. one who believes in doing anything it takes to make dentistry work for your life. so we offer a complete exam and x-rays free to new patients without insurance - everyday. plus, patients get 20% off their treatment plan. we're on your corner and in your corner every step of the way. because your anything is our everything. aspen dental. anything to make you smile. book today at aspendental.com, walk in, or call 1-800-aspendental. while the supreme court dealt a major blow to president biden's anti-covid efforts today, it has blocked the administration from enforcing a nationwide vaccine or testing mandate at large businesses. and the conservative majority's reasoning? that the agency known as osha which oversees workplace safety standards, they had overstepped, saying, quote, although congress has indisputably given osha the power to regulate occupational dangers, it has not given that agency the power to regulate public health more broadly, and requiring the vaccination of 84 million americans simply because they work for employers with more than 100 employees certainly falls in the latter category. notably, however, they are allowing a separate policy, remember, these cases were kind of heard at the same time, a vaccine mandate on some health care workers to go into effect. that's going to apply to those people who work at facilities that receive federal funds. joining me now is health and human services secretary xavier becerra who has been at the very forefront of these legal battles. i'm glad to see you, how are you, secretary? >> good, laura, thanks for having me. happy new year. >> happy new year. but not a very happy when it comes to the idea of how the administration plans to be able to enforce these mandates. it's been a very big pillar in the administration and your efforts. what's your reaction to the supreme court's decision that, look, you may have the power to regulate safety and business practices in the office, but this is a bridge too far? >> well, first, we are going to get to require that all those workers in america who are health care workers, who are dealing with patients and risk themselves and their colleagues' and those patients' lives if we pass the covid virus around, there we will be able to move forward. that is good news. disappointing news that the president's efforts to try to make sure workers at these companies with over a hundred employees are also required to vaccinate didn't go through. it's unfortunate because many of us believe the president has that authority in these times of emergency. and it's unfortunate because we know vaccines save lives, vaccines work. and not getting people vaccinated is putting not just themselves but others in peril. so we'll move forward. and the president is leaning forward in all of these measures because his job is to make sure that americans are protected. >> i mean, vaccines do save lives, there's indisputable evidence of that, that's very important, which is probably one of the reasons why for health care workers, maybe it made for sense in the context of the court. i'm not going to get in the minds of the justices because i have a lot of confusion about their reasoning recently. starting this saturday, you're going to make sure that insurers are covering the at-home tests for free. this is important for people to understand, because i know that equity has been a big push. the vaccine equity, the idea that vaccine diplomacy worldwide, but also what's happening here domestically. how is this going to help in those costs? these are expensive tests, right? >> well, and the costs should go down. and so what the president has said is one way or the another, if americans wanted to get tested, and we want them to be tested, we're going to make them available. so first the president has said that where you have private health insurance coverage and you go out a buy and test, you should be able to get reimbursed for having bought that test, the rapid test if you want to do it at home. secondly, the president says we know some folks in america are not insured. for those folks, through our b broad span of community-based health clinics we have in america that are certified by the federal government, we will make 50 million of these tests available for free. so if you don't have insurance or if you haven't been able to access them by any other means, you can go to one of these clinics and access that test for free. that's on top of, now, what the president is saying, that coming soon, through a website that will be established shortly, we're going to try to make available up to 500 million tests to americans for free. in fact, this week the president announced he's going to boost that up to a billion tests over the course of the next several months. so he's doing everything he can to make sure we have all the vaccines we need, we have all the tests we need, all the therapeutics we need, and four, to make sure people are masked as well. >> the costs are ridiculous, i know i ordered the kn95 masks for my children, it was going to take ten days, costing $68 for like 25 masks. the idea of thinking about the cost of the testing, for those lucky enough to find the tests you're talking about, they range from 10 to 50 bucks a pop. you're talking about the amount of times you have actually do it, it's very important. and one of the concerns people have, and i'm not going to, you know, undermine the fact that this is being done right now, but there is a question from people as to why is it just being done now. this was foreseeable, because you went from vaccine, you know, curious, to then vaccine hesitancy, to vaccine reluctance, to really vaccine refusal. we knew it was going to be an issue to have this still lingering in our society. why weren't the action sooner, can you explain? >> so remember, laura, that unlike the vaccine, these tests have been available for quite some time. in fact the pcr tests, which are the tests you send into the lab to get the results, have been available for -- and they were sitting around, people weren't using them. but what's happened now is omicron. including people who are vaccinated, like you, like me, are getting tested, and want to get tested. and the result is you have a much higher demand. and so the commercial market where these tests have been available hasn't kept pace. the president said that's unacceptable. the commercial market, which is supposed to be able to meet demand, hasn't done so. so what he has done is put the force of the federal government behind the effort to try to get us those masks faster. whether it's by getting people reimbursed for those they buy commercially or by making them available, as i said, either through these community health clinics or through the process of getting 500 million new tests out there quickly over the next several weeks and months to people who want them and go online on a website that we'll establish very shortly. >> that's important, because i can't pretend to know the entire greek alphabet but there are at least five more letters and each wanting to name a variant at some point, which i hope never happens, but i hope they'll be prepared for the next round, hopefully past is prologue. secretary becerra, thank you for your time, appreciate it. >> thank you, i appreciate it too. less than 300 days from now republicans could win back control of the house. if they do, what then? 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chase. make more of what's yours. republicans as you know could take back the house and the senate in the mid-term election. and gop leaders are already talking about, well, what would come next if they did. >> there would be a lot of oversight and investigations, and we shouldn't predetermine where that's going to go, but let's get facts out and finally start having real accountability. we're going to be working hard to get to the bottom of facts and transparency so we can hold people accountable. >> now, it's true the drive for accountability wasn't present during the trump years, was it? but all of a sudden, well, here we are. as my colleagues here at cnn report there is an onslaught of probes being plotted in the run up to 2024. far right members are already talking about impeachment proceedings. new investigations into biden's son, hunter. and shifting the narrative on january 6th focusing solely on security failures also the origins of covid and more. i don't quite hear the legislative component of any of these things, and i remember civics that that's the legislative branch, but maybe i'm too nitpicky how this goes down. it's like retaliation now is the name of the game. where does that leave us? van jones is here. i'm glad to see him. van, how are you doing? >> i'm doing well. but i'm very concerned where we're headed as a country at this point. >> i can't imagine why or i absolutely can, and here's the reason why, van. is the platform retaliation? because that's not going to do much for the nation. >> no, it's not. and, you know, kevin mccarthy, i think people sometimes forget he actually used to be a real leader. i'm not just talking about when he stood up against donald trump and called out his role in the ininsurrection. before that kevin mccarthy was a responsible conservative, and then there was a rebellion in his party to his right that pushed him out of the way in favor of someone else becoming speaker of the house, and he stopped being a leader and has now become a follower. he is following the worst elements in his party. he's so afraid that if he doesn't throw out this kind of red meat and this sort of stuff, that he's not going to become speaker. that he's stopped being a leader. he's now a follower, and it's really shocking to see. i know kevin mccarthy. the idea he's going to say i'm going to come into power and all i'm going to do is retaliate and attack democrats and not help the american people is really shocking and disappointing. >> well, i mean to say the least. and you mention that. i remember seeing steve scalise just now on the screen as well. remember he was unfortunately the victim of a violent attack shot at a congressional baseball game. and there was talk then about the idea of division, the idea why political rhetoric can go awry and be fatal or just deadly at least in the attempt. but you mention the idea of the quest for power, and that's where i think people need to understand what's going on here, van. because it's not about the idea of the gop simply regaining the majority. what you describe is the idea of -- the idea of the concession and going along to be able to get power. but then the question is once you have the power, so say he becomes the leader and the house speaker, well, what do you plan to do with it? again, retaliation is not a platform. it's a verb. well, it's really a noun. but retaliating is the verb. is that the plan? >> listen, i hope that if he does get the opportunity to be speaker of the house that he looks in the mirror and says he's third in line for the presidency in a country with a bunch of problems. we have an eco logical crisis, violence breaking out in shocking ways in different parts of the country. and we actually need real leadership, and i'm going to be the best person to throw food in the food fight. that's really disappointing. i think a lot of americans are looking at the entire political class right now and wondering where is the leadership going to come from? kevin mccarthy knows better. it's sad to see what he's doing right now. >> it is. and sad to see not just for one party but really the nation because democracy is not a spectator sport and we're all in it. van jones, nice to see you. >> good to see you as well. >> i'll chat with don next. acrp 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. ♪ it's been nearly two years since the pandemic started. our students and teachers tried their best, but as a parent, i can tell you that nearly 18 months of remote learning was really hard. i'm so angry that instead of helping our kids get back in the classroom, the school board focused on renaming schools schools that weren't even open . please recall all three school board members now. for the sake of our kids, we can't wait one more day, never mind a whole year for a fresh start. every day in business brings something new. so get the flexibility of the new mobile service designed for your small business. introducing comcast business mobile. you get the most reliable network with nationwide 5g included. and you can get unlimited data for just $30 per line per month when you get four lines or mix and match data options. available now for comcast business internet customers with no line-activation fees or term contract required. see if you can save by switching today. comcast business. powering possibilities. hey, thanks for watching. i'll be back tomorrow. don lemon tonight starts right now. hey, don lemon. >> hey. you know what i've been surprised to see, laura? >> what? >> all the members of blm and antifa that have been charged with sedition and conspiracy, have you noticed that? >> i mean the numbers. i've got pages and pages of, oh, wait, nothing. >> that's right. it hasn't happened. if what happened today isn't proof to all these people saying oh, it must have been the fbi, must have been antifa, must have been blm, the democrats were behind it. and none of that has shown up in any of the charges. look, you're the law. you're the law lady. this should be proof today what