erin? >> the arraignment is in a courthouse that's already handled hundreds of january 6th defendants. it is those lies that are central to the prosecution's case. the man behind it all, the man who has been a target of a public smear campaign by the 45th president is jack smith. you see him there. paula reid is outside that courthouse right now. paula, how will all of this play out, the logistics of this once trump arrives where you are? >> reporter: well, erin, this courthouse is accustomed to dealing with vips, security details, so he has the option to pull underneath the courthouse in a garage. we may not be able to seen him at all. once inside, he will be placed under arrest. he will be processed. we expect fingerprints, but there won't be a mug shot. federal authorities have said they already have a mug shot. and the hearing should be pretty short. he will hear the charges filed against hi and he'll have th opportunity, as expecting to enter a plea in florida he had s attorney enter that plea, so it's possible we won't hear him utter a word. we'll have to contend with his bond agreement, assuming there's no glitches there, this hearing should be over quickly. this will teenage place over a magistrate judge. this is, of course, his third and arrest and arraignment this year, so he knows what to expect. >> paula, thank you very much. so, let's go now to bed minister. that's where our kristin holmes has been there reporting. and now he know you're at the airport to see where he goes, and where he heads to where paula is. what more are you hearing about trump's travel today? >> reporter: erin, we're hearing he's about to leave bed minister, and will land here at regan airport in d.c. he's joined by some of his closest political aides, as well as two of his attorneys, todd blanch and john lawyuro. an then they'll go to the courthouse. advisers do not believe it will be a lengthy time at the courthouse. now, not entirely sure why for the reasoning, but that's their belief. when he goes into court, he's going to appear with two of his attorneys, todd blanch and john lauro. then he will come back to the airport before taking off to newark. he wants to get out of here as soon as that arraignment is over. we do anticipate him giving remark to the reporters traveling with him. it will all be dependent on the president and how he files. >> reporter: he's talking about how another indictment will get him elected president. given that stance he's clearly taking, i would anticipate very strongly we are going to hear from the former president after that arraignment today, erin. >> kristen, thank you very much. wolf? one of the key voices condemning him is his former attorney general. in an exclusive interview, bill barr drilled down on the core issue, the election lies that trump kept spreading even after to which trump administration officials repeatedly told him they were false. >> he can say what he wants. he can even lie. he can even tell people the election was stolen when he knew better, but that does not protect you from entering into a conspiracy. all conspiracies involve speech, and all fraud involves speech. so, you know, free speech doesn't give you the right to engage in a fraudulent conspiracy. i have come to believe that he knew well he had lost the election. let's bring in our panel of experts. kaitlan is with us. an excellent interview. were you surprised how blunt he was, the former attorney general, in criticizing trump and trump's potential defense tactics? >> i think he's often pretty blunt. he's always had that characterization from anyone who worked with him, even when he was attorney general. he knows trump so well. i think that's why that moment there at the end, where he did acknowledge that he does believe trump knew he lost an election was notable. i wasn't sure what he would say about the argument that trump attorneys are making, this is free speech, he was just exercising free speech, and they can't move forward. he completely eviscerated that and poked holes in it, and that's not why he's being i indicted here. he also went after the other defense we've heard, that trump was acting on the advice of counsel, particularly john eastman, the attorney general who basically came up with the blueprint for a coup. bill barr said, a, he didn't think that john eastman would giving what was qualified as advice, but also he doesn't think it would work, because it would required trump to take the stand, be cross-examined, and he didn't believe trump would essentially remember his own version of events. he was incredibly blunt. it was a nearly 40-minute interview where he went through all the steps, with not just this, but the other charges. >> there's not one lawyer i know who have represented donald trump who ever wanted to put him on the stand, period. they know that he lies, and putting him on the stand would be very, very very dangerous for donald trump. >> agree, of course. >> absolutely. he would fall apart in minutes or seconds. that was the conclusion of bob woodward's first book, where a lot of that seems to have been based on long recorded interviews with jim dowd, who was trump's outside lawyer in the mueller investigation. there was a request for an interview of president trump, and the question was, well, are you going to let him talk to the special down? they conducted basically an interview, a mock interview or mock crocss-examination, and th last line is a soliloquy, that he's a liar. >> you just saw trump getting in his car. he'll be heading over to the newark airport, to washington regan national airport, and then drives to the court house resolution right here in washington. you know, norm, trump's new attorney is expected to be at the hearing today. you know him. what do you think his approach will be today? >> we practiced criminal defense law together in the same firm. i think that in court today it would be an accelerated proceedings. temp has already done this once, but out of court we'll see the full-court press, where they're previewing the argument. don't assume that they're the same once they're going to use in court. the government and the defense, of course, always plays a certain amount of a pretrial game. jack smith can't talk. he's letting this indictment talk for him. john can talk. he was also with kaitlan, and he's been everywhere. these argument won't be the versions we'll get at trial. these are weak versions. bill barr was right to knock them down. this is consolidating trump's support. this is free campaigning. there will be more arguments that will be launched at trial. the problem is they don't have the facts or the law on side, and jack smith and his team are just as ferocious. still, it will be a legal battle for the ages. >> what's the other argument? one argument is i was just listening to my lawyers, you know, this is the advice they gave me. this is what barr was talking about last night. what's the other argument? >> gloria, they're also going to say, and we always heard this, donald trump genuinely believed this. you may disagree with it, but he believed it. we heard lauro say somebody tried to prove he didn't believe it. jack smith will dodd that. he has laid out all the reasons that donald trump confessed privately, he knew he lost the election. so you'll see a very ferocious battle across all the different fronts of the case that lauro was laying out. they'll argue for delay, the fairness of rushing this to trial. that may be their most important argument. >> we have the live pictures of the motorcade leaving bed minister heading to the newark airport right now. what are you hearing from inside the trump camp, when it comes to the six co-conspirators appeared potential witnesses who may actually flip? >> they were surprised that no one else had been indicted. they're listed, but not named in there. they're trying to figure out who co-conspirator number six is. no one has been able to say, but obviously that's a huge question here, the role they play, and the other thing bill barr said, he found the indictment impressive in its restrained, blue believes that jack smith has a lot more information. this is not just a legal aspect, but a political aspect. i am told we will hear donald trump speak today. where it is, we don't know. >> he's not a shy guy. he likes to speak. do you see this case, george, going to trial before the election? >> i hope so, and i think it's quite possible. i think that's the reason why you don't see other defendants here. it always becomes more complicated when you have more co-defendants and more lawyers. every lawyer gets to cross-examine. the jury has to keep track of the evidence against each defendant. everything takes longer and is exponentially more complicated, whereas the reason why this indictment is really -- one of the great things about this indictment, it basically tracks trump, what trump was told, what he said, what he did, what he was told, how he lied about what he was told, and just a continual sequence of following donald trump along. when you see that, you know, he was told by so many lawyers, people, justice department, private lawyers, white house counsel, that he lost the election, you cannot -- that's why norm is right, the facts are not on their side. >> you know, wolf, there's a distinct possibility that this will go to trial as soon as march of 2024, because alvin bragg, the manhattan d.a. has a place held on the calendar for a trial in march, and he said he's willing to step aside for the interests of justice. jack smith may take him up on that, and tanya chutkin broadband the judge to say, let's do it. >> she'll do it. she knows all the defense tactics in delay. that's not uncommon for criminal defendants. >> she's one of the best at it. [ laughter ] >> the trump campaign doesn't see it that way. as happy as they were to get judge cannon, they're unhappy about her. she's been very harsh on the january 6th rioters. she has a lot of trial experience, and the concern, of course, is she could move forward. >> could we talk about this blank space here on this indictment? my question to the lawyers here is, is this also a way to overtly pressure people and say, um, you know, okay, you want to cooperate with us at some point, we haven't indicted you. you're a co-conspirator, but we haven't indicted you, so maybe you'll think twice about gives us more of what we need to try to convict donald trump so that you avoid it. >> it's a second act, because the investigation to date was a pressure campaign. you know, the other blank in here that goes to that point is, where is mark meadows? why is he not identified as one of these six individuals? it must be the case -- we don't know it for sure, but logic and experience tells us he must be cooperating either under court-ordered immunity, or an agreement, or both. so, you know, the train is leaving the station a bit. it's not the first stop, but yes. >> that may be what barr was talking about about kaitlan, that jack smith knows a lot more than he is saying in this indictment. and one of the he may know more about, and in his brief statement on tuesday, he flatly said the investigation is continues, so we shall see where it goes. they're driving to the airport. we're watching this unfold on live coverage. it's only just beginning. just ahead a new cnn poll shows the number of republicans that joe biden's win was not legitimate is actually ticking up. stay with cnn for our special live coverage of donald trump's arrest and arraignment. om unlim. so i can save on something special for a first date? wait! that's's all for a first date? whoa. alrighght, c'mon. earn big with h chase freedom unlimited with no annual fee. how dodo you cashback? before planning the big trip you were limping thanks to a bad knee. then, you heard about mako robotic-assisted knee replament. it starts with a ct scan pinpoint the problem. that beces a personalized, 3d plan to gde your doctor during surgery. mako can help lead to better outcomes, like less pain and shorter recovery times. the lifetime of a knee implant is limited, and revision surgery may be required. individual results and recovery times vary. risks of surgery include pain, infection, heart attack, stroke, death, and other serious risks. ask your doctor for important safety information. [camera shutter] to find a doctor who uses mako visit makocan.com in just a few moments, we expect president trump's airplane to take off.today's are els of a new cnn poll, which strates what's happening within the gop. 69% of republican-leaning voters now sae biden win was not legitimate. and of course, it's not true, but people believe it, and you can see that they still believe it, our panel is with me now. jeff duncan, former lieutenant governor of georgia, front-row seat, let's put it that way. those numbers have gone up from earlier this year. >> hard to explain from my seat other than to say it's another example of the chaos donald trump has sewn through the republican party. it's one of these ultimate trojan horse moment. he came under the guys of a business-minded changer from the outside. and our winning percentage, most importantly. >> and he says his post today, i'm one more indictment from being reelected, rerring, it appears, to georgia. i'm being arrested for you. it's an honor to be arrested for you. >> look, that's classic donald trump defliect and project. that's what demagogues do. he's being persecuted, not prosecuted for the things he has done. you talk about -- a reality check, it's obviously deeply troubling, everyone is entitled to their own pin. why? because hyper-partisanship is a hell of a drug. remember this. if the country is not actually 50-50, it's a third democrat, third republican, third independent. even 70% of the republican party is around 22%, if% of the american people. that's important for people to understand. >> as we were saying during the commercial break, that's calming in some senses, but yet it's a two-party system. >> and that's a real tight problem. i don't want people to think there's a super-majority believe donald trump's statements. >> look at herschel -- brian kemp in that same election beat the brakes over stacey abrams with the same voters, with the same machines, i might add, and important to say the same mention in the context of this indictment. geoff, you have the former president in miss motorcade. we under the circumstances from kristen's reporter that jason miller, saying when our research and legal team can't bac t claims, yocan see why rear 0-32 on the case. yet he's with trump today defending him. >> it makes you wonder how long he's going to stay or if he's going to stay. he may be called as a witness in this trial. it would be strange for him now helping out with the campaign, but this is what happened. all these people around trump were telling him the truth about what was happening in the election, that he had lost the election. so he kind of had to go outside to what mike pence referred to as the crackpot lawyers and others to find people who were willing to say, okay we're willing to pretend this is a fraud and disinformation, and see what we can do with it. the people around him were telling him no. >> and john eastman, conspirator number two, his attorney was saying they would be thrilled to tang some sort of deal, but saying the context is wrong here. we have a different recollection. >> the jury simply may not believe that. what we're seeing from john eastman's attorney is undermining some of the basic points. number one, this was just about free speech. number two, the president was relying on advice appeared advisers. all of those, if they choose to bring defenses, which they don't have to, you know, those will all be tested, but, you know, i think eastman's attorneys, this was just a misunderstanding of the opinion, the point will not hold, particularly given that, you know, at least one other federal judge halls already found that john eastman, more likely than not, committed a crimy concert with the president. now that a california court has ruled something doesn't obligate another court to find the same thing, but it's still persuasive. a judge said, you know what? i think the two individuals committed a crime together. that's significant. >> and trump's lawyer is saying it's all john eastman's fault. >> that playing okay on tv, i guess, but if you're going to bring an advise of counsel defense, that means you waive the attorney-client privilege, you get all sorts of documents, so trump will not make that argument officially. >> just in a court of public pinp opinion, as we say. the aftereffects are being felt on capitol hill. ahead, i'm going to speak to a lawmakers who was among the last to leave the house floor on january 6th, as the rioters tried to bar into the chamber. stay with us. think again. flex any style... with hairspray that flelexes with you. new tresemmémé hairspray. trying vapes to quit smoking might feel like progress, but with 3x more nicotine than a pack of cigarettes - vapes increase cravings - trapping you in an endless craving loop. nicorette reduces cravings until they'reone for good. let innovation refunds help with your erc tax refund so you can improve your business however you see fit. rosie used part of her refund to build an outdoor patio. clink! dr. marshall used part of his refund to give his practice a facelift. emily used part of her refund to buy... i run a wax museum. let innovation refunds help you get started on your erc tax refund. stop waiting. go to innovationrefunds.com you really got the brows. welcome back. the first indictment to accuse him of crimes while he was president of the unitestates, that he plotted to overturn the election using fake electors, pressuring vice president mike pence and exploiting the violence of the day to further convince legislators to further delay the certification of the vote. eric swalwell gavelled, but by the time he left the floor, swalwell had texted his wife he loved her and to kiss their children good-bye. he was one of the last members of congress to get out of the chamber. this video shows ha door some 30 feet from where swalwell was. he heard the gunshot, swalwell was wearing a gas mask when he escaped. representative eric swalwell of california joins us right now. he was also an impeachment manager in donald trump's second impeachment trial, accusing him of inciting the january 6th insurrection. thank you for joining us. as someone so close to the chaos that day, i'm curious, what is going through your mind today as donald trump begins this process of criminal accountability. >> wolf, first and foremost, i want justice for the police officers who stood between my colleagues and i as we were counting the votes and the violent mob that donald trump aimed at the capitol. i hope every american in the matter of the united states versus donald trump reads the indictment. it lays out that donald trump lost this election by a country mile. it wasn't close. it was 74 electoral votes, 7 million by the popular vote. after the major media outlets called the race, after every state counted their votes and after every court denied his bogus claims, but he still denied the results. he was responsible for that day. >> did you find anything that you wish i had access to that you wished -- >> we had a couple weeks to put that case together. we had a pretty compelling case. donald trump in plain sight said this was going to be a wild day, and fired up that mob, but the number of people that told the special counsel that donald trump and the people around him knew that what they were saying was false, that fires me up more than anything, is that this also fuels a bit like a grift. it's not about anyone but donald trump. the tweet today he's getting arrested so others don't have to get arrested, this is entirely about donald trump wanting to hold on to power in an election that he got smoked in, and then wanting to use his campaign to raise money for his legal fees. this entirely about donald trump and nobody else. >> what do you make of the typing, congressman, of this indictment? should the department of justice have issued it earlier? >> the last thing i think any of us want the justice department to see, i will credit our impeachment team and the january 6th committee for bringing the life, but that motivated the justice department to realize there was more there, but donald trump is entitled to equal protection under the constitution, dude process under the law, and a day in court. i trust our jury system, where this will probably go, that every american will treat him no better, no wort than anyone else. >> congressman, i want you to listen to what bill barr told cnn's kaitlan collins last night about what the former president would do if he returned to office. listen to this. >> do you worry he would you say weaponize it if he was back in hive? >> s -- office? >> absolutely. we can't go tit for tat, but trump, as you say, he's very clear about it, and i think there's no question that he believes these institutions should be used to go after his enemies. >> so, congressman, what could a second trump term in the white house mean for the rule of law in our country? >> it would be the end of democracy. he tried once to overthrow an election that he lost. it would be, wolf, the end of our democracy if donald trump was able to get back into office. it's called comfort what bill barr is saying, by the way. he also will tell you, if you ask him, if donald trump is the nominee, that he doesn't know who he would vote for. to me it seems pretty clear, if you think the guys that weaponized government, you should be able to say i'm not going to vote for that guy. my republican colleagues can also do more to not by donald trump's law firm, but to unite with democrats, make unity the antidote toward these des destructive attacks. >> congressman swalwell, thank you for joining us. >> my pleasure. a sobering moment today in our nation's history, the third indictment of a former president. right now donald trump is on his way here to washington to be arraigned on federal charges. just ahead, we'll talk about this moment, what it means for trump and what it means for our country. cnn's special live coverage of the indictment of the former president continues right after a quick break. got my fico® score, raised it instantly, i even found new ways to save. all right here. free. and fast. see all you can do with the freeee experian app. download it now. she runs and plays like a puppy again. his #2s are perfect! he's a brand new dog, all in less than a year. when people switch their dog's food from kibble to the farmes dog, they often say that it feels ke magic. but there's no mic involved. 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we're literally watching him to move to go through what would ordinarily be a historical day. >> it does not fit in context. it is bigger and more significant for any litigation democrat is i itself is at issue with this trial. what he's charged with here, and which i think moth people and observers know he understood these activities then we don't have the democracy we believe we had, and we're in a heap of trouble. so the criminal justice system is being tested. the constitution is being tested. all the players will be tested, because this is a really big deal, erin. >> john, you know, when you went through a moment -- and i understand you're saying they're not equivalent, but you went through a moment of a seismic crisis, right, in american democracy in some sense? >> yes. >> at that moment the public was galvanized that what the richard nixon did was wrong. we don't have that now. half of independents think trump has done nothing criminally wrong, in a poll released just before this indictment came out. how do you see that? >> erin, i see that a little differently than you captured it. it didn't happen that way initially. the public was slow to turn on nixon, and it took an educational process to have that happen. the senate watergate hearings, the house impeachment inquiry. these influenced the public perception of nixon and his presidency, while democracy was not an issue itself, abuse of presidential power was front and center. how much could a president do if a president did it, was it legal just because he did it? as nixon later would say. so it was a different time, yes, but also the public was very slow. now, that hasn't happened here, because there's been very little public exposure, particularly to people in trump's base as to what he did. not all of them will tolerate it. it's unfortunate we're starting with a trial to educate them -- >> but we had all those hearings, of course. hearing after hearing. >> yes. >> i guess you're saying times have changed to the extent of what maybe then people sort of were forced to watch it. there were fewer choices. now you can fill your life with media and news consumption and you wouldn't have even watched those hearing, never mind this potentially trial. >> when i testified in watergate, all three networks covered it. i reached 85 millions homes. that's a lot of people. there was a chance to tell them what had gone on. we haven't had the equivalent of that. the education is lagging here. >> john dean, thank you very much. i appreciate it. >> thank you, erin. well, the memory of january 6th is, of course, vivid in washington where people was literally life and death. the chants of "hang mike pence." next we're going to talk about how washington is preparing for the former president's arrival, which is expected in the next hour or so, as our special coverage of the indictment of donald trump continues after a quick break. so, if you're off the racking... ...or crab cracking, you're cashbackiking. cashback on flapapjacks, baby backs, or tacos at the taco shack. nah, i'm workiking on my six pack. switch to a king suite- or book a silent retreat. silent retreat? 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where the insurrection of january 6th took place. we go to sara who is outside of the courthouse. and how will this arraignment of trump be different than the one that so many of the supporters went through in the very same building? >> well, wolf, there are of course some difference. i mean, the spectacle at the courthouse. the security presence at the courthouse of course is different from what we will see from the typical defendant, but when donald trump arrives here for the 4:00 p.m. appearance and goes into the federal courthouse, he will be placed under arrest, and like others he will be fingerprinted digitally, and unlike others, he won't have his mug shot taken as part of this, and then he is going to go into the courtroom for what we expect is a relatively brief appearance. he is going to be advised of the charges against him and the rights, and then an opportunity to enter the plea in the case, and a plea that if he is given opportunity, we expect it to be not guilty and it is ahe is facing the four charges, conspiracy to defrauthe united states, conspiracy to obstruct a official proceedings, and conspiracy to obstruct official proceeding, and conspiracy to obstruct official rights, and this is the ones that get to his obstruction of a peaceful transfer of power. >> and the president is traveling with his personal attorney and two top aides. and we go to bedminster, new jersey, and what do know about the travel today? >> well, wolf, donald trump left under an hour ago and passed right by here in the motorcade, and currently heading to washington, d.c., for the 4:00 p.m. appearance in federal court. now, donald trump is traveling with some of his attorneys including john lauro and todd blanche both of whom are expected to appear in court with him later today and he is traveling with some of the senior campaign advisers including steven chung, suzy wiles and among others. his team has a good idea of what is going to transpire in the courtroom. this is the third time now that donald trump has been arraigned in the last several months, and so they have a good idea of what is going on. i have an idea of the mood speaking with his advisers over the past several days, and they say that donald trump is concerned about this indictment, and he recognizes the seriousness of these charges, but he is also frustrated that he has to go through this process yet again. and wolf, we have heard from former president on truth social and repeating the false claims that the election is stolen, and i am told that he is expected to speak to reporters again after the court appearance and we may be hearing from him directly as well. >> i suspected alayna, thank you. erin. >> a pro-trump lawyer who took access of some voting machines is the third lawyer charged in this case, and what do you know about this lawyer, because michigan is also part of the federal indictment against trump? >> erin, these are state level charges in michigan filed against a lawyer named stephanie lambert, and lambert has close ties to another lawyer sidney powell, and she is tied to the alleged conspiracy to seize voting machines all in an effort to find voter fraud at a time when all of the suits that trump was filing, because they didn't have any proof to back up what they were saying. and with these efforts that continued after january 6th, the prosecutors are saying that she and several others tried to gain access and seize the machines in the state to produce the evidence that followed. lambert is the third person charged, and this is still going on in the state level and overlap of the federal investigation as we see trump heading to the courthouse in d.c. >> okay. thank you, zach cohen. now, my panel is back. and jennifer rogers, it is coincidence that it happens on this day, but it is just going to show that you have now three charged in michigan in the effort to seize and control voting machines. michigan and the former president's claim of the big detroit vote drop is a big part of the indictment. >> yes, and all of the fake electors charged, and maybe charges coming in georgia around all of the interference with the election there, and so you have this intersection and collision between the state level charges being brought and still being investigated and the federal charges, and so it is going to be interesting how the special counsel and the state prosecutors navigate the issues owho of who is going to first, and whose witnesses are first, and the state prosecutors never ever want their witnesses to testify first, and they want the first crack at the witnesses first, so it is going to be interesting to how they do that. >> i want to ask you that in the context of the georgia, but the numbers of people are growing, and three charged in michigan and now, you are reporting third. so none of those are in the federal indictment as co-cons co-conspirators, and the number here is like an accordion and it is getting bigger. >> it is not inconceivable that we have 50 states of law and 51 counts d.c., and sometimes same conduct can apply in both state and federal court, so you are going to be seeing people charged in these states in which you had the seizeure of voting machines and a template and a brief destcription of the votin indictment. >> and now, the georgia and fani willis says he is going to bring charges and the former president said that she is going to be bringing charges, and said that she would not know jack smith if he stood next to her, and this is not necessarily a good thing as she said. >> and they would want to talk witnesses and around the time of the two case, but until she charges, there is no conflict, but she will be getting to know jack smith well. >> and the former president appears today, and the charges are appearing in georgia from fani willis, and she is ready to go, she says, and so she has to present to the grand jury, and so he would be appearing there, and this is a real boom, boom, boom. >> i need a bigger spread sheet to track all of the legal activity and go to the 11x17, and the weight has to continue, and donald trump is not superman, although some may think that he is, and he is not, and this has to weigh on him, and to find somebody who is going to win the white house, and watching motorcades going down the highway, and the divide in the country, and both campaigns will be using video from today in the campaign video, and one is going to champion it, and one going to point out the negativeness to it. and we have to figure it out, but it is continuing to be an embarrassing moment as republicans. >> and he is going to get on the plane, and go there and go in five minutes it might take or ten minutes, and then there we are. >> and there we are, and we should not lose how this looks in the eyes of history, and the third excitement in four week for a former president, but this is about an assault on the democracy by a sitting president, and the kind of thing that would have been the founding fathers worst nightmare, and how it looks in the history, and not the horse race pageantry, but this is about accountability and defending the democracy and good people can disagree about lot, and they are sfwitled to their own opinion but not the facts. and so the best position to push forward as a presidential nominee, and jack newfield the great journalist would say the great credibility has the fingerprints of fanaticism. >> and so does this go to start to percolate, and so that you are putting this in front of the american people, and you not going to read the 45-page indictment, and so that is what a vast majority are not going to do. >> and it is confusing to people. and this is part of the animating of the trump supporters that there is either a conspiracy to prosecute being hatched by, and he sent it in a truth in one of the tweet truths or things that there is a conspiracy from the new york d.a.'s office and georgia and federal prosecutors and working in concert to bring down the president, and this is the point that i made earlier, that there are 51 legal systems in america, and the federal government, and the president is being charged in multiple different ones, and it is important to keep straight that they are different and come with different and serious consequences, but it is at our peril that we assume that everything is a conspiracy against the former president, because it is all very different. >> stay with us as of course, our coverage continues as the president is going to answer to charges to overturn the 2020 election. and the cnn shows that a variety of the americans believe, the republicans believe that the election was stolen. we will break it down. clearchoice dental implants changes your struggle with missing teeth forever. it changes how you eat, how you feel, and how you enjolife. it changes your ile and how others smi at you. clearchoice network doctors have changed over 100,000 lives 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believe you, and this is the case where it is true. >> people on the political team will believe you. first, if you are looking broadly at the brand-new poll, and we checked in on the questions that we have asked about this overall, and he is on the wrong side, and 61% say that yes, joe biden is legitimately elected and 38% say that he wasn't, and think about that in a broader lekelection, but amon the republican, there is an uptick that joe biden was not legitimately elected, and 7 of 10 republicans say joe biden was not legitimately elected. that is the success of a lie that is the context for what he is going to walk into that courtroom to face today. >> okay. now, as part of, this david, he has been saying, and he is seeing the success, and he is saying that all of this, this 45-page indictment and all of it is political, and it is about rigging the next election, and that this is what is it all about, and now, does this bleed through in how people see elections? >> this is some of the most troubling numbers here, because there is real concern for the health of the democracy, and we asked the folks, what is the confidence that the u.s. elections are going to reflect the will of the americans, and 58% of the poll said little to no confidence that the results will reflect the will of the people, and this is the bedrock of the democracy. >> that is overall. >> overall. and we asked whether or not you think that the election is going to be overturned for partisan purposes, and the country is split. 50% say it is very or somewhat likely, and 50% not at all or not likely, but 50% thinks it is very or somewhat likely that the election could be overturned for the partisan purposes, because they saw one perhaps, and this not ringing of a healthy democracy. >> honestly, it is terrifying, because if you don't belief in things, you don't have a thing. i know it is hard, and simple, but this is what it is all about. and have you seen in any of this, a shift over time or does this all, and i know that you are talking about actually an increase in the republicans who believe that biden is illegitimate, but in general, is it getting worse? >> these numbers have been somewhat consistent since this effort at the end of 2020 of donald trump was put into place, and you can see the partisan divides in here as well. but, no, this is starting to solidify in some ways which is what makes so it scary. >> i mean, wolf, it is incredibly scary, for lack of a bert word, and david is saying that the majority of americans, forget the political party, they have a deeply shaken faith in whether the outcome of the election is legitimate. >> yes, especially here in the united states of america, and discuss this and more with the experts in washington. dana bash is here, and how revealing with the polling, and when you are thinking of the numbers coming out, and will a criminal trial of trump have an impact on the numbers? >> with the way that things are going with regard to public opinion, the impact could be not in the direction of truth and not in the direction of of which that is really scary. i agree with erin and david when i read those numbers, because it is one thing for republicans who we have been watching, because the electorate is engaged in who should be the republican presidential nominee, and one thing for them to kind of put their team jersey on and say, i'm going to go with the guy who was in the white house and telling us it is all about us and him and all of the messaging that you are hearing from donald trump. it is another thing for the overall electorate, and nearly 6 in 10 americans in this poll say that they do not necessarily believe that elections effectively, i am paraphrasing are free and fair. >> one more thing here that is a little scary, and this is in the time/sienna poll that they interviewed 300 people who consider themselves part of the really loyal maga base, and they asked if they supported mr. trump in spite of the flaws, and you think that he has flaws, and you support him anyway, and the answer they got is that they support him, because they do not believe that he has any flaws. that there was not one person, one person, zero percent of these 319 respondents who said, yeah, i think that he has got a flaw or two, but i am willing to overlook it. so imagine if you are one of the other candidates, and you are trying to, say, okay, look at what is wrong with donald trump, and you can see what is in front of you, and it is a stsunami of people, and there is nothing wrong with donald trump, because he is representing my grievances, and as donald trump himself says, i am your retribution, and if you are thinking of him that way, and if you are desantis or chris christie or anybody else, not only do vu to go right through donald -- do you have to go through donald trump, but you have to unite these people through something else. >> but there is good news here. >> tell me, norm. >> the good news here, when you have 61% of the americans, and bringing in the democrats and the independents, and a super majority do admit that biden won. when the trump thesis has been tested electorally, it appears to the base, but it is alienating to others. and you had a trump-sponsored elected candidates, arizona, michigan, wisconsin, and they were wiped out in 2022, and we are about to have a trial -- >> you are right. >> and i think that we will have a fast trial by jack smith, and i have been doing them for over 30 year, and trials have a way, and not the trial of the century, but of the millennium, and they have a way of crystallizing things. if the trump of his peers say, he is guilty and he did this, that is going to be sending a powerful message to the 61%. >> i'm an optimist, but i see the 61%, and i am focused on the 40% who say, no. >> i think that there is a possibility, right? there is a possibility that the people will change their minds, but it has gone on for a lot of year now. the cake is baked. and people changing the minds, because of this one trial. you know, it is hard. >> and let me get jamil jaffer into this. >> i wish i could, but i don't see it happening. i think that the trial actually solidifies donald trump's base. it is go to turn out the trump voter, and biden voters are going to be tired and watched this thing for years and the biden is struggling, and i think that the more indictments, the more likely he is to be the republican nominee, which is crazy, and the more likely to be the nominee, but less likely to be elected. >> this is like when jamil went to give the democracy speech, and it was not a close call, but it was a wipeout electorally, and 61% is a big, you know this, and the political experts know this better than i do, 61% is a huge number in american politics. >> but not when you are talking about something that is true and something that is not. it is a red flag, but i do like your optimism. >> 61% is only 61% believe that biden was legitimately elected president of the united states. that is a disturbing number, 61%. >> it is concerning, but when it is coming to action, and comes to the electoral yut put, and coming to the risk that trump is elected again, it is a large number, and we have seen it work in 2022 and it is feeding trump's base and it is not helping him with the 61%. >> i agree wh you in the short term. >> and i will be quite happy to win 61% of the electorate. >> short term, very good for donald trump, and solidify the base. the question is how solid of a candidate is joe biden? >> that is the problem. that is exactly the problem. >> what is exactly the problem? >> we don't know how solid a candidate is joe biden. >> we know that he is not. he is struggling. it is hard -- >> that is the problem. >> it is hard to watch. why is joe biden running for re-election, and donald trump and joe biden, anded american public does not want to come out to vote for them, and this is why it is all about turnout, and donald trump and these indictments is going to cause the base to come out in droves and this is what people are going to be worried about, but it could to be opposite, too, it could turn out democratic voters. and we don't know the answer either. >> and there are other issue, and it is a cocktail, and the abortion question. >> and the democracy that is so motivating. >> i worked on the obama campaign and i remember how down obama was at that point, and he won running away, the first the obama campaign, and it is too soon to judge joe biden, because his policies are good, and maybe he is running against a defendant in four criminal cases, but i don't think it is going to help trump with the 61%, and it is going to help bid biden. >> and november 2024 is a long ways away. >> yes. >> and so this is truly a historic moment in the nation's capital as the nation awaits for donald trump's third arraignment on very, very serious criminal charges, and his plane is to land at the reagan 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rinvoq can lower your ability to fight infections, including tb. serious infections and blood clots, some fatal; cancers, including lymphoma and skin cancer; death, heart attack, stroke, and tears in the stomach or intestines occurred. people 50 and older with at least 1 heart disease risk factor have higher risks. don't take if allergic to rinvoq as serious reactions can occur. tell your doctor if you are or may become pregnant. put uc in check and keep it there with rinvoq. ask your gastroenterologist about rinvoq and learn how abbvie can help you save. so, you've got the power of xfinity at home. now take it outside with xfinity mobile. like speed? it's the fastest mobile service around. with the best price for two lines of unlimited. only $30 bucks a line per month. that's hundreds in savings a year when you wave bye to the other guys. no wonder xfinity mobile is one of the fastest growing mobile services. you really shouldn't walk out the front door without it. switch today at xfinitymobile.com bold. daring. expressive. contra costa college allows me to be whoever and whatever i want to be, providing the stage, the canvas, the tools to use my voice and write my story. find your passion and create your future at contra costa college. start today at contracosta.edu donald trump is en route to the federal courthouse in washington where a short time from now he is going to be arrested and arraigned on four felony charges involving january 6th. shimon prokupiez is outside of the courthouse for us, and shimon, i know that obviously, we are getting closer and closer to the arrival, and this is a -- and so, does that mean that there is a shift in readiness? >> yes, a shift here, erin, and in the last hour, we have seen an increase in the presence of the secret service officers and personnel, and you could see them here, and they were not here earlier, and this is the area where we expect trump to come to, the motorcade to drive in here, and then to be taken through the garage here, into the courthouse, placed under arrest, and then taken to the courtroom. what law enforcement here has done is that they have put these snowplows all across here to try and just give the extra measure of security, and you can see that there are many photographers and media personnel here, because they want to get a shot of the motorcade arriving and of trump going inside, but the law enforcement, and the police have done a fairly good job here as you tell of trying to block any sort of access to the treat here. also, i can show you here in the last hour, we have seen more police officer, metro, washington metro p.d. and more officers arriving here on bikes and more law enforcement personnel here as we get ready for that 4:00 hour, we are seeing the increase of the law enforcement, and we expect, as i said, the motorcade to come here down this street here, and then going inside, erin. >> thank you, shimon, as we await that arrival. wolf? >> thank you, erin. new details of what hunter biden's former business partner told the house oversight committee. devon archer testified for nearly five hours earlier in the week. he said that joe biden joined his son hunter for business meeting by phone or in person some 20 times, but they discussed nothing of importance. kara scannell is joining with us the newly released testimony, and what are you learning? >> yes, wolf. one of the big focuses has been on archer's testimony where he said that over the decade that he has known hunter biden, he knew that he would put his father, joe biden on the phone in the presence of business parters. so we have a lk at the five-hour transcript of the hearing. this iwh his business partner devon archer said, that there are touch points and contact points that happened but nothing of material was discussed, and he is unaware of any wrongdoing by now president joe biden, and he was alson the period presented with materials, emails that were exchanged, where there was the suggestion or the hint that hunter bidenas having some infl and on that, this is what archer testified. to i have no basis to understand what he and his father had on policies of ukraine, but you can see, that it is pretty much, that you know, he can't influence it, but take credit for it. so it is that devon archer said that he gave the impression with the business partners in ukraine that he was having influence, and taking credit for things that joe biden was independently doing, but archer said it is essentially that hunter biden was trying to take credit for it, like in d.c., a lot of the operatives like to sell the idea that they have access even if they don't actually have it. >> thank you, kara scannell reporting for us. former house speaker nancy pelosi is slamming the republicans for rallying around the former president in the wake of the third criminal indictment. we will speak to congressman ken buck about the gop response. that is next. 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>> i don't think that this indictment is about whether president trump, you know, believed or advocated for himself during this election process and the counting process. i believe it is about a crime. and it is a high bar to prove this kind of crime. >> so, you have said that you won't vote for a convicted felon, and that is a conviction would be disqualify, and we will see where this goes on the front, and today, the president is headed to washington for ta that talking tab rigged election, and then he said unfair venue, and unfair judge. are you comfortable with him already making commentary about the judge in this case at this time? >> well, i think it is consistent with who donald trump is. he expresses himself, and if i were his lawyer, i would be advising against it, but i am not his lawyer, and i am sure that many of to lawyers have been frustrating over time. i do think that there is going to be a motion to change venue, and maybe even a motion to strike the judge. we will see how the motions go. it is up to the judge who donald trump is tweeting about to make that decision. that is not a decision that can be appealed before a trial. so, i think that d.c., you know, having voted against trump, and maybe trump got 10% or maybe less than 10% of the vote in washington, d.c., he certainly will have an argument to make about changing the venue. >> so, congressman, on this point of the election itself, which is at the heart of this indictment, trump's efforts to overturn it. as i said, you were one of the house republicans who said that joe biden won, and let me be clear, and the cnn poll that came out today, congressman, it said that 69% of republicans and those o lean republican say that joe biden is not legitimate. that number is stunning among republicans, but it is going up. it has gone up from 63% earlier this year. do you find this deeply trou troubling? >> i do find this troubling, and find it troubling that we are not solving issues in congress deeply troubling. and there are people on both sides of the political spectrum who receive certain information, and they don't see the other side's arguments, and they don't, you know, usually when i was growing up, long before you were born, we had three different news sources, and they were fairly balanced in giving us both sides of the story. that doesn't happen anymore, and so it does not surprise me that a lot of people are only hearing one side of the story, and making a determination that the election is invalid or stolen or whatever the word is. from my perspective, i have to look at both sides, because i represent both sides of the spectrum in congress, and i see both sides of the arguments that many americans see. >> are you worried though for your party, congressman the situation that you are in, and as of now and donald trump is in position to win the nomination for the presidential nominee for the gop, and are you concerned about your party given that the vast majority of republicans can win the gop nominee? >> i worry about the country, because i am concerned that we have divide into two camps and lobbing the bombs at each other and not working together to solve problem. yes, i worry about the party, and donald trump's candidacy, and the things that he has said and done have not been exposed, and this is very typical with both parties. the republicans are not going to be using the best ammunition on joe biden until the october time frame and the same for democrats on donald trump. i think that joe biden is a candidate who can be beaten bay strong republican, and i think that donald trump is going to have a lot of, the democrats are going to have a lot of ammunition to use against donald trump in a general election. >> congress ken buck, i appreciate your time. thank you. >> thank you. >> wolf? >> we are watching trump's plane moving closer and closer to reagan international here outside of washington, d.c., and getting into the motorcade to head over to the federal courthouse for this truly historic indictment. the arraignment and arrest of trump. want some thoughts from the panelists and experts here. and norm eisen some thoughts as we wait for this moment? >> history. every once in a generation, there is a moment that will be remembered as long as the history of the united states of america is talked about. this trial starting with the indictment now today, and the arraignment and the trial to come, i think quickly, it is going to be one of the defining moments in the history of our country and our democracy, and it is going to help to answer the question, will our democracy survive. >> and many people, including me, hard to believe that we are covering this story of this magnitude. >> the third indictment of a former president and maybe one more to come. it is stunning, and yet not all that surprising given what the country has been put through for the last years. i think that in the end, the public is going to be in one way or another forced to pay attention to what is going on in this, in these courtrooms. >> and jalil, despite the indictments and the legal troubles that he is going through, he is clearly the major frontrunner for the republican nomination for president. >> that is right, and it is inexplicable, wolf, idea that the man, the president of the united states went to the ellipse and called for an armed mob to march the capitol and to threaten his own vice president to do something that he said that he would not do is about to be the candidate for my party, the party of national security, the party of national defense and conservativism and the chance that he might win is truly shocking. >> and he is landing there, and soon into a motorcade to head over to the courthouse. >> let's say that the republican party has to figure out what kind of party it is going to b. it used to be back in the day, the party of ronald reagan, and remember, the party of ronald reagan, and the republicans proud to be the party of ronald reagan. >> and the attack on ron desantis is that he is a reagan republican. and we are the party of reagan, what are you talking about? >> and this is clearly, and une kwif ka bli the party of or something they are going to make a break with. i don't think that we know the answer to that yet. >> we will stay on top of it as the history is making history here. and we will continue with the history of the arrest and the arraignment of donald trump. and it starts right now. ♪ right now, a once unimaginable spectacle in the nation's capital. donald trump is returning to washington, d.c., for his lande national airport. he is about to answer to a historic indictment that charges grave crimes against the nation he swore to protect and defend. welcome to cnn's live coverage. i'm jake tapper. soon, donald trump will travel by motorcade from reagan national airport to the federal courthouse in downtown d.c. where he will, again, face arrest and enter a plea before a magistrate judge. last time he was in florida. this time, in de.c. he's accused of orchestrating a conspiracy to overturn his defeat in the 2020 presidential election. mr. trump may get a glimpse of the capitol on his way. that's, of course, where prosecutors say he exploited and perhaps even incited the violence and chaos of january 6th in his determined bid to stay in power. the 45th president will return to the scene of his alleged crimes as the republican front runner in the 2024 race for the white house. trump is expected to plead not guilty to all four counts in this indictment. those counts include conspiracy to defraud the united states, conspiracy to obstruct an official proceeding. and conspiracy against rights, specifically the rights to vote and the rights to have your vote counted. our correspondents are covering it all, including mr. trump's hearing inside the courthouse and security throughout the city of washington, d.c., plus cnn will have one of the only tv correspondents traveling in donald trump's motorcade, cnn anchor and chief correspondent kaitlan collins is outside the courthouse for us, and she will be with us throughout our coverage. kaitlan, how is donald trump planning on approaching this moment? >> reporter: i think as about as expected, jake. i mean, weirdly, this has become routine for the former president. this is not anywhere close to being his first arraignment. it is his second on federal charges and, of course, his first on charges about what he allegedly did while he was president for actions that he took then. that is the significance of this moment of him as he is just now landed here in washington at reagan national airport. you know, not joint base andrews where typically, as president, you would fly into. this is where ex-presidents fly into, and so he has landed there. he will make his way to the courthouse with his attorneys in tow, and that is where he will go in to issue that plea of not guilty, jake. and i should note that as he was on the way here, he was already attacking the venue of where this case is taking place and also the judge who is overseeing it, claiming, in all capital letters, that he believes both are unfair. that is not a surprise, of course, jake. he's attacked several other judges previously, but it is notable because the venue, that is something that we have heard from his attorneys, that they believe they could try to ask for a different venue here. whether or not they're successful in arguing they don't believe he can get a fair jury here remains to be seen. they also kind of argued that in miami, saying they didn't believe he could get a fair trial while he was running as the republican front runner for the president of the united states. i will say, jake, there was some question about whether or not trump was going to appear in-person for this arraignment. i'm told he did not want to appear here, but standard procedure for him to come in with his attorneys to issue that not guilty plea. it's what happens after that that is the real story, of what this judge decides on the timing and what this trial could look like. >> paula reid is also standing by outside the federal courthouse. paula, walk us through what we should expect to happen during trump's appearance in court today. >> reporter: well, jake, here, the federal courthouse in washington is very much accustomed to dealing with vips, people are security details, so it will be easy for the former president to roll into the garage underneath the courthouse, and it's possible we may not even see him at all today. once he's inside the federal court, of course, there are no cameras, and once he's in there, he will be processed like any other defendant. he will have his fingerprints taken, though we don't expect there will be a mug shot. federal authorities have concluded they only need mug shots for people who could potentially go on the lam and they need to know what they look like, but he is one of the most recognizable people in the world. once the hearing gets under way, it's pretty straightforward, very procedural. he will hear the charges that have been filed against him, and he is expected to have the opportunity to file a plea. down in florida, for his arraignment in the mar-a-lago documents case, he had his attorney enter that plea, so also possible we may not even hear him speak a word. this entire hearing will be heard before a magistrate judge, not before the judge who is going handle his case and trial and decide on the timing and the pace and how quickly this will move ahead. that judge will oversee the next hearing but unless there's an issue with his bond agreement, this should be over pretty quickly, and of course, this is his third arraignment in just four months, jake, so he knows what to expect. >> paula reid, thank you so much. we'll check in with kaitlan and paula on this historic day. a sad day, really, even if one supports the arrest and arraignment of the former president, a sad day, dana, because of everything that led to it. we have a former president of the united states who is being arrested because he tried to overturn his election loss. >> and it's being incorporated inextricably, easy for me to say with a cold, with what he's trying to do now, which is win the white house back again through that very democratic system that he tried to overturn and undermine. and it is really remarkable the way he continues to be so brazen about using what we're seeing now, being in a very precarious legal situation, as a political plus for him. in post after post that he has put on his social media platform today, talking about how this isn't just about me, this is about you, using that whole notion of, i'm fighting for you, for the little guy, somehow not just about financials and economics and social issues but about the justice system. >> and on that note, laura coates, as a former prosecutor, put this in prosecutorial context for us. how strong a case is this, do you think? >> it's extremely strong case, because it's not just the eyes of what the prosecutors and the investigators are showing people. we all remember watching the event that unfolded, and the number one question people had was, where is the president? what was he doing in those 187 minutes, and what led up to this? we were all witness in a way, in the court of public opinion, which will then translate to the courtroom of law, about what actually transpired. we got a behind-the-scenes glance, of course, we're talking about the congressional january 6th hearings, and so in many respects, you do have the public very aware of the circumstances, about part of the nuances. the remaining question is what these prosecutors have to actually prove, that he really did, in fact, know that he lost this election, it wasn't just chest-beating. but take a step back and realize this is not only the first time we're seeing an american president arrested under indictment or even going to be arraigned. it's now the third and four months that this is actually happening. it's so significant, especially because he himself was on truth social talking about, he just needs one more, hoping it will be an advantage. he does not seem to believe the gravitas that you have articulated today about the somber occasion. he sees it as a kind of feather in the cap, which only helps the prosecution to really unpack this case even more. >> and if you're just joining us, those are images of donald trump's boeing 757. we are expecting him to get off the plane any moment. the plane flew from bedminster, new jersey, where he has one of his golf resorts, to reagan national airport outside washington, d.c., across the river in virginia. and carrie cordero, the state of mind of donald trump is something his defense attorneys have brought up in recent days. i think one of them said, i'd like to see them prove that donald trump knew what he was saying in terms of his election falsehoods, that he knew that they were falsehoods. looking through the indictment, which -- hold on one second. i'm sorry. we have kristen holmes, who is with trump on the tarmac, and let's just check in with her. >> reporter: hi, jake. we saw the former president land here in d.c. we are just waiting for him to exit the plane. as we have been reporting, he is traveling with some of his closest political aides, stacey miller, as well as his two attorneys, todd and john. they will be behind closed doors with him and his two attorneys later today. we are not sure whether or not we can expect him to speak now. we are originally told it would be later, but he's been very active on social media. he clearly has an attitude about this indictment, saying that, you know, one more indictment and i can be elected to office, talking about how it's an honor for him to be indicted because he's doing it for his voters, that they're coming after them, that he's just standing in the way, the kind of thing that we say -- we hear him say on a regular basis. so, it's unclear whether or not we'll hear from him

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