give ♪ ♪ i've been a miner for a heart of gold ♪ >> wow, what a great song. rock 'n roll icon legend neil young laying down an ultimatum telling spotify they've got to choose between his music or vaccine denying podcast host joe rogan. and out of control crime in los angeles. >> what the hell is going on? looks like a third world country. >> the l.a. district attorney under fire for a criminal justice reforms that critics call an absolute disaster. let's talk about the news of the day now and bring in cnn's white house correspondent mr. john harwood and cnn's senior legal analyst laura coates the author of the new book "just pursuit, a black prosecutor's fight for fairness." good evening to both of you. john, this new video is astounding. it's stunning. we shouldn't be surprised. we've seen so much of it. every time i see another video coming out, it is even worse than the last. it shows a rioter slamming a police officer to the ground. difficult to watch. trump can claim rioters were hugging and kissing police all he wants but this video really shows the truth here. and also, why it is so important that the select committee gets to the bottom of what happened on january 6th. it's accountability. >> it's critically important. look, we have a situation here where you had not only -- with people who assaulted police officers but property, crashed through the barriers of the capitol, but you had an assault on our democracy. that is the fact that people -- the peaceful transfer of power. that is what made the united states a model for the world for a couple centuries and they have to figure out exactly who made this happen, how deep the planning of it went, and if it included people -- >> i may need you a little closer to the microphone. i'll let the producers work with you and talk to laura until we get your audio straightened out. we're also getting a look at rioters inside and outside the capitol breaking open the eastern rotunda doors. you can see a man helping the rioters in the building to get into the building. prosecutors say he is an active duty marine. i mean, there have been hundreds of arrests of rioters but what about the planners? the number -- here is the number two at the justice department and what he said today about it. >> we are going to follow the facts and the law wherever they lead to address conduct of any kind and at any level that is part of an assault on our democracy. >> i should say what she said. that was lisa monaco. what does the doj do next? what is the next move here? >> it really echoes what you heard from the attorney general merrick garland a few weeks ago saying there would be essentially, paraphrasing here, no stone left unturned and at all different levels. why this is important of course is because frankly as you know human nach aurt times is to follow and you can easily replace foot soldiers, somebody willing to take on the role of somebody to carry out the directives of another person, a higher up. you see that in drug trafficking cases for example. you've got the foot soldiers, and the people who are the ring leaders. it is important to target those who are ring leaders and delegate responsibility because it essentially cuts it off at the neck to be able to say, listen, we'll prevent somebody from being in a position again to try to direct somebody else to engage in criminal behavior and the deterrent aspect is what is so important here. naturally if you have prosecutions against those who carry out, carrying through on perceived orders that is important to be a deterrent to future people but also those who may be organized, organizing, financing, facilitating actions like this. that's how you really prevent future occurrences as well. >> laura, also tonight we are learning doj is looking into the trump supporters behind the fake 2020 election certificates that would have declared trump the winner in states that he actually lost. there it is up on your screen right there. do you think there is enough evidence here to file criminal charges? >> it is shocking to think people were so prepared to try to undermine certification process and undermine the will of the people. it wasn't just a hypothetical scenario reduced to a memo. there were actually people in position to provide fake, false electors in lieu of those who were actual electors to overturn it. this is all part of the overall strategic plan as we know about trying to advise the vice president then mike pence on what to do next. and so we had very clear rules in this country about not interfering with elections. it is criminal to try to conduct fraud in elections. of course it is curious here, fraud is a pretext for why you have the clawing back of so many voting rights in this country because of perceptions of fraud. well, if that's the guard rail that needs to be put up some say then what about the guard rails in terms of accountability for those who endeavor to commit an act of fraud? it has to be dealt with. of course it just reminds people over and over again, don, just how close we were as a nation to having a very different scenario had vice president mike pence followed that advice, followed that directive, and the person who orchestrated this in part is john eastman who has been told by a court he's got to comply and also his own lawyer is saying i was acting in my representation of then president donald trump. this is extraordinary that it is happening right now in the country and cannot be taken lightly. accountability must result. >> amen. so, john, there were these fake slate, fake alternate slates of electors. the draft executive order to seize voting machines. john eastman as laura just mentioned. his six step plan for pence to overturn the election. the pressure campaign at the state level. all part of a much deeper plot to overturn the 2020 election. when is there going to be some accountability here? >> well, there's multiple forum for trying to achieve accountability. you have the january 6 committee and the justice department obviously. this started at election time when president trump on election night declared fraud, began to challenge the results and never accepted the results. a series of legal challenges. an entire range of activities that culminated in january 6th. that was not the start. >> all right. thank you very much, john, laura. appreciate it. i'll turn now to president biden saying that u.s. troops may be on the way to eastern europe soon. here's what he said earlier today. >> some of those troops in the near term, this would be the largest if you were to move in with all those forces it would be the largest invasion since world war ii. it would change the world. >> joining me now former nato command wesley clark now a cnn military analyst. we are so glad to have you on this evening. thank you so much, general. this video shows more u.s. weapons arriving in ukraine including 300 javelin anti-tank missiles. president biden says he may be moving troops soon. is that a risky strategy? >> no, i think it is an absolutely essential strategy because you have to change the risk calculus of vladimir putin. he's considering going into ukraine. we don't know if he made a decision. we are in the early stages still where he is juggling and duking and feinting and punching for political advantage. maybe he can make ukraine collapse, make nato come apart. at the bottom of it is hard military calculation. if we can increase ukraine's ability to defend itself we can cause doubt in the minds of the russian commanders and maybe putin will find a way out. it is all easy. he's calculating what he's got. he is figuring out what it takes to do what he wants. some of us like me believe he actually does want to use force. he is not looking for diplomatic settlement. but if he could get it, and it gave him what he wanted, he'd declare himself a winner without using the troops. in the meantime, everything we can do to strengthen ukraine will help us hold off that military threat as long as possible. if it comes as president biden said it could be the largest military action in europe since world war ii. and it is a real threat to this global stability and the rules based international environment. it would be a permanent change in europe. we don't want this to happen. >> a lot of people want to know why the u.s. and nato are getting involved. ukraine is not a nato country. as a former commander of nato what is your response? >> nato at large because the nations in eastern europe were afraid of russia. ukraine has tried to join nato at least since the time i was the nato commander in europe. i went to ukraine in 2000. the minister of defense said we'd like to be in nato. yes, because they knew russia would some day come back. russia would be strong. russia wants to dominate other nations nearby. it is not about russian security the way we think of security. it's about russia's sense of entitlement that these are their nations. they want these nations. of course when they get them they run roughshod over them. they set up their own businesses. they coopt people, blackmail, put people in jail. this is what they did in eastern europe. that's why the warsaw pact collapsed. that's why the nations broke away from russia and they're looking to the ideals of the west. this is what they want. if russia goes after ukraine, it is really not just about ukraine. it's about showing the world that russian military power doesn't respect the rules set up to keep the peace after world war ii. if they go after ukraine, who's next? what's next? we've seen this movie before. this was hitler's movie in 1938. >> if the u.s. doesn't make the right moves here with russia, what message will it send to other u.s. adversaries like north korea and even china? >> well, first of all, i'll tell you the u.s. is making the right move. and by ratcheting up ukraine's defensive capacities that is the right move. i'd like to see us do a little more, put in a couple sanctions now that could be rolled back if and when putin does de-escalate and pull the troops back. i'd like to see us take him to the united nations and say what you're doing is against international law. you'll become a war criminal and russia is going to be branded a rogue state. i think those moves are probably in process. but right now, we're on course. we're holding nato together. we're ratcheting up our deterrence, our -- demonstrating a live resolve. so it all looks good. it's up to mr. putin whether he wants to become a war criminal or not. if he attacks he will become one. and so if we stand firm, we know the ukrainians will fight. we know they'll fight hard. maybe they would even keep russia out or out of part of ukraine. but if russia goes in then we're going to take another set of actions providing assistance to ukraine, building up forces, look. we are standing firm. the biden administration is doing that. i think north korea and china are watching and i think they should respect the united states and our leadership. >> general wesley clark, thank you so much. i appreciate it, sir. be well. >> thank you very much, don. the fact is damage done to our democracy didn't end on january 6th. far too many americans refuse to believe the former president lost in 2020. what will they think about the next election? >> reporter: will you trust the next election in. >> probably not. >> reporter: that is a terrible thing, right? >> yeah. it's a terrible thing. i know there's conflicting information about dupuytren's contracture. i thought i couldn't get treatment yet? well, people may think that their contracture has to be severe to be treated, but it doesn't. if you can't lay your hand flat on the table, talk to a hand specialist. but what if i don't want surgery? well, then you should find a hand specialist certified to offer nonsurgical treatments. what's the next step? visit findahandspecialist.com today to get started. 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 do your eyes bother you? 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what does that mean for our country? cnn's doney o'sullivan has the story. >> reporter: what you're seeing and what you're -- what you're seeing and what you're reading is not what is happening. >> reporter: former president donald trump's elentless attacks on the truth has eroded faith in american democracy and its institutions. you don't trust election officials. >> nope. >> you don't trust the fbi. >> nope. >> you don't trust the courts. >> nope. >> who do you trust? >> trump and his supporters and anybody that has, that when i listen to them talk they don't turn my stomach with the disingenuousness. >> reporter: you have trust and faith now in american democracy and american elections? >> no. i mean, i think whoever wins, wins. i'm all about that. he will win if he runs again. but the people that know that we were cheated are almost at the point of saying i don't want to vote because it'll happen again. >> reporter: what is your reaction to hearing from an american like that? >> well, ten years ago it would have been shock. and disbelief. and i would have thought, well, she is an outlier and she's not representative of anything larger than fringe movement maybe but of course that is not the case anymore. >> reporter: barbara walter is a professor at the university of california in san diego. she has studied civil conflict for years from yugoslavia to northern ireland. >> experts who study civil wars and know the warning signs, we've been talking about them but nobody wanted to believe it. and january 6th made it impossible to deny and ignore that there really was this cancer growing in our own country. there was a threat that was mobilizing. >> reporter: she warns the constant barrage of lies undermining american elections from right wing media, on social media, and from trump himself has put the united states on a perilous path. >> citizens do believe what they are hearing. if they hear it long enough and consistently enough, and if that is all they hear, they absolutely don't think it's a lie. they think it's the truth. >> reporter: will you trust the next election? >> probably not. >> reporter: but that is a terrible thing, right? >> oh, yeah. it's a terrible thing. i don't think you can trust our government anymore. it's sad but i really don't think you can. >> that's what trump is all about, making the elections in the future fair so we can believe when you vote for somebody that person is going to get your vote. >> you know, they're good people trying to do what they think is right. it is the leadership that's cynical, the leadership that knows better. who is feeding them lies consistently. >> they always talk about the big lie. they're the big lie. >> reporter: just 30% of americans think there is solid evidence that there was widespread fraud in the 2020 election. 62% of republicans say so. looking ahead to the 2022 midterm elections only 42% of republicans say they are somewhat or very confident the results will be counted accurately. >> they are priming their supporters to believe democracy isn't worth defending because they don't want democracy anymore. >> reporter: doney o'sullivan joins me now. the thing is that trump is never going to admit he or anyone he backs actually lost. he'll say they were cheated. what does it all mean for the midterms? >> don, as you saw in that piece, some people we have spoken to, and we've spoken to hundreds of trump supporters over the past year all across the u.s., some know this is a lie, that it is a conspiracy theory that the election was stolen. some as you can see in that piece they are people who really believe this and are quite upset because they are in a position where they believe american democracy has been stolen. it's a joke. i think for the midterms what that is going to mean is they are going to be very easily convinced that because their candidate or candidates don't win that therefore it must be rigged. i think really what we're seeing here and from traveling the country seeing candidates endorsed by trump who are running for positions that would give them authority over elections, they are running this year, this is all really building up to 2024 and a really, i don't think it bodes well for the future of elections in this country. >> donie o'sullivan, thank you very much. i appreciate it. >> thank you, sir. president biden's approval ratings down after a string of setbacks. should the white house consider changing up key posts? plus a crime spike in l.a. leading to this. mounds of trash. we'll tell you who's taking the heat. it's our january sale on the sleep number 360 smart bed. it senses your movements and automatically adjusts to relieve pressure points. and it's temperature balancing so you both sleep just right. save $1,000 on the sleep number 360 special edition smart bed, queen now $1,999. plus, 0% interest for 24 months. so, you're recalibrating and reconnecting to the environment. seeing yourself as an artist -legitimate and genuine- can be transformational. daddy! for the best audio entertainment and storytelling. audible. 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. instead of helping students get back in the classroom, the school boards spend their time renaming schools and playing politics. schools that weren't even open. on february 15th, please recall school board members collins, lópez and maliga. our kids cannot wait any longer for new start. president biden is beginning his second year in office amid sagging poll numbers. successes on the covid relief bill and infrastructure over shadowed by rising inflation, spiking prices for gas and groceries, and covid fatigue. critics are wondering really is it time for him to replace some senior aides? joining me is the author of "the gatekeepers, how the white house chiefs of staff define every presidency." good to see you. thanks for coming on. there is a new pew poll out, more bad news for president joe biden frankly. his approval is at 41%, down from 44% in september. he is even sliding among democrats down seven points. along with this trouble comes renewed attention on biden's chief of staff ron klain. is this typical blame the chief of staff chatter or is finger pointing warranted here? >> for openers let's just say ron klain has his work cut out for him and maybe the first thing he should do is buy a really good bottle of wine and go visit joe manchin on his house boat to get build back better going again. these reports of claims imminent demise are not only exaggerated but part of the almost annual obligatory exercise in blaimg the chief. that is part of the job. one reason we're talking about a shakeup here is because the former guy as joe biden used to call him or likes to call him went through white house chiefs like bell hops in a trump hotel. chiefs are used to being blamed. it goes with the territory. james baker iii used to say he walked around with a target on his front and back to which rahm emanuel replied those aren't the only parts. the job is to catch the spears and take the bullets for the old man. that's just the way it goes. >> you know, you point out bill clinton brought in leon panetta as a new chief of staff a year into his presidency. you say the white house unlike clinton's, this white house, is not broken. >> you know, sometimes there are really compelling reasons to change things up. when bill clinton was one and a half years into his presidency he was dead in the water. the white house was disorganized. he couldn't get anything done. leon panetta came in and turned the white house around and set the stage for re-election. this white house unlike clinton's really isn't broken. ron klain runs a tight ship. he manages up and down well. there's been, there have been almost no leaks, no warfare. you can argue with decisions he and biden have made from afghanistan to build back better to voting rights, but he runs a smooth white house. there is no sign that biden has lost faith in him. >> so then when is a staff shift warranted then? i mean, even ness and what can't it fix? >> well, this is in many ways a tale of two presidencies. the first six months when this white house was firing on every cylinder in my opinion and then it started to go south with afghanistan and then with the emergence of the delta variant followed by inflation and the supply chain crisis a lot of those are things a white house chief can't do much about. nor can the president quite frankly. inflation and the delta variant were going to take time to solve. they've got their work cut out for them. but there is no evidence here that some other chief could swoop in and suddenly fix these problems that are going to take really hard work on klain's part and biden's to fix. >> you mentioned earlier about ron klain buying a bottle of wine and going to visit joe manchin on his house boat but senator manchin has complained publicly about the white house staff and according to "the washington post" those frustrations largely focus on ron klain. this is what the report said. manchin told allies he believes klain has pushed biden to embrace a more liberal policy agenda adding klain must repair the relationship with him if the chief of staff is to be involved in future negotiations. not everyone agrees with manchin that klain has pushed biden to the left. biden will tell you this is me. i'm not being pushed to the left. but manchin is the linchpin really for so many negotiations. is this a problem? >> they put out a statement that angered manchin when talks broke down last time. joe manchin is a big boy. he'll get over it. klain i think can repair the damage. i think he's been accused, klain has, of being a prime minister shaking his head in meetings with republican senators, pushing his own progressive agenda. i can tell you because i am working on a book on the biden white house it'll be out in the fall and i've talked to all the principles in this white house and this is not ron klain's agenda. it is joe biden's agenda. they have a great relationship. it is like an old marriage. they've been together 35 years. they have their differences, rough patches. but it works for them. i don't think there is any evidence that changing chiefs at this point would help him. >> the president, joe biden, is traveling to pittsburgh on friday to talk about supply chain issues and promote his infrastructure bill. it seems like biden thinks he is, if he is out of the white house more, he even said it, that is going to help. he believes he is in washington too much and needs to get out among the people. do you think that'll be enough? >> i think it's going to help. i found really one of the most revealing things that biden said during his endless press conference last week whenever that was was when he said, you know, people don't want me to be president of the senate. i don't know if i'm quoting him exactly. they want me to be president. it was almost as though that was a conversation he had with his senior staff and not something he planned to share with the whole world, but i think he's right. and i think that he needs to get out and, you know, to use that tired phrase, they need to let biden be biden. he has that empathetic touch and he needs to be out there in union halls and gymnasiums and reestablishing that kind of trust. >> thank you, chris. i appreciate it. >> my pleasure. neil young putting his foot down. over the spread of the vaccine misinformation on spotify. the rock 'n roll icon telling the company it's either him or joe rogan. ♪ you and i been through so many things together ♪ ♪ afelite autoglass. they have exclusive technology and service i can trust. >> singers: ♪ safelite repair, safelite replace. ♪ new vicks vapostick. strong soothing vapors... help comfort your loved ones. for chest, neck, and back. it goes on clear. no mess just soothing comfort. try new vicks vapostick. ...so at at&t everyone gets our best deals. aren't others doing that? 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not a chance or they're thinking about it? >> i mean, to be completely honest i don't know for certain. i think it's possible if this ends up with even more conversations they'd have to take it on. neil young causes a lot more discourse on the issue. but to date so far you think of other instances that happened whether a couple weeks ago we broke the news about a bunch of doctors signing a letter essentially asking for spotify to take more action against any misinformation about covid whether it's from, you know, running from just joe rogan or otherwise but they didn't really do much. before then they hadn't do come forward it definitely put them in the spot where they have to actually say something and address a very much growing question. >> considering the popularity of joe rogan i think it is highly unlikely this will happen but we'll see. oliver, you may disagree. joe rogan is an explicitly anti-vaccine, he has advocate -- isn't explicitly anti-vaccine and has advocated for people at higher risk but has said younger people don't need it. listen to this. >> if you are 21 years old and you say should i get vaccinated? i go no. are you healthy? are you a healthy person? look, don't do anything stupid but you should take care of yourself. if you're a healthy person and exercising all the time and young and eating well, i don't think you need to worry about this. >> in fairness he later apologized for the comments but still has guests on the show who cast doubt on vaccines. is spotify responsible for the airing of this misinformation? >> yeah, don, a lot of times during these controversies a lot of public outrage is directed at the media personality directly spreading or responsible for the misinformation. in this case joe rogan. i do think people should keep in mind there are companies, executives behind the scenes, who are responsible for what their talent says. the bucks ultimately stops with spotify executives and the company. whether it is someone like rupert murdoch over at fox who is allowing his star tucker carlson to spread misinformation on vaccines or whether it is spotify and their executives allowing their star joe rogan to spread misinformation about vaccines on his show the buck ultimately stops with these executives. they are responsible particularly when their talent is irresponsible with their platform. i think it is really interesting about neil young here. he is making this conversation a little bit bigger than joe rogan. he is no the necessarily talking specifically about joe rogan but about spotify's misinformation policies whether that affects whether spotify comments or anything, you know, they may just ignore it but it is still noteworthy. >> i have to ask you, what about the argument, you hear it all the time, these people are trying to cancel him. this is free speech. people are free to disagree with neil young's positions on things or themes in his songs. just like they may disagree with joe rogan. >> it is an interesting position for spotify to be in. they ultimately are the ones paying him quite a bit of money to host the show. and so again, with covid in particular when people's health is at stake, when lives are at stake, they are responsible if their star talent is spreading misinformation about vaccines on their platform. i think they'll have to ultimately answer for this because people are going to want answers and when someone like neil young is calling them out it is going to raise, create more headlines and controversy for the company here. >> you know, it is really interesting, ethan, because the letter from those doctors and scientists specifically calls on the appearance of dr. robert malone a vaccine scientist recently banned from twitter over covid misinformation. take a look at this clip. >> our government is out of control on this. and they are lawless. they completely disregard bioethics. they completely disregard the federal common rule. they have broken all the rules that i know of that i've been trained on for years and years and years. these mandates of an experimental vaccine are explicitly illegal. they are flat out illegal and they don't care. >> this is the importance of having standards and practices especially in legacy media to not put disinformation or give people like that a platform. of course, none of that is true. this doctor also accused public health officials of basically hypnotising the public about vaccines and covid. has spotify responded to any of this criticism, ethan? >> very little. a couple times you can see with earlier episodes of joe rogan just in general they would have not -- they didn't keep all of the episodes on from the earliest days when they first signed him over but as far as actually addressing some of the misinformation from covid specifically it's been small. >> ol ivgs quick response? >> yeah. they're not addressing this. i've been reaching out over the past few weeks asking them about the misinformation on his program and sending messages to joe rogan or to spotify is really like sending a message into a black hole, don. it elicits no response. >> thank you, gentlemen. appreciate it. train tracks in los angeles littered with thousands of empty boxes stolen from freight trains. why some are blaming the city's district attorney. that's next. and screening for colon cancer. yep. the american cancer society recommends screening starting at age 45, instead of 50, since colon cancer is increasing in younger adults. i'm cologuard®. i'm convenient and find 92% of colon cancers... ...even in early stages. i'm for people 45 plus at average risk for colon cancer, not high risk. false positive and negative results may occur. ask your provider if cologuard is right for you. you don't get much time for yourself. so when you do, make it count with crest pro-health. it protects the 8 areas dentists check for a healthier mouth. the #1 toothpaste brand in america. crest. wondering what actually goes into your multi-vitamin? 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