Morning joe starts right now. Good morning and welcome to morning joe. It is tuesday, january 12th. Along with joe, willie and me, we have former u. S. Senator, now nbc news and msnbc political analy analyst, claire mechanic cast skill. Former assistant director of the Fbi Counterintelligence Division frank joins us this morning. His new book is the fbi way. Inside the bureaus code of excellence. So weve got frank here. Hey, frank, you know i went to law school. A country lawyer. Are we starting this way . I dont understand these strange words you jumble together. I would like to read a couple of federal criminal statutes because i think its a good place to start this show. Because i think with all of the ground noise thats going on, all the questions about who voted what, where, i think were missing the bigger picture. And i want federal authorities to know that the people of the United States of america are going to pressure them every day to hold these traitors, seditionists to the full extent of the law. I understand a lot of people out there call themselves evangelicals that no longer believe in the word of god that now worship false idols. Thats fine. Thats between you and jesus, okay . Thats between you and jesus. But when you storm the capitol, thats between the federal government and you. And we are the people. We are the people. You tried to take over our house. You trashed our house. You beat up our Police Officers. You tried to kill our speaker. You tried to kill our Vice President. You are going to be held accountable. And then maybe when youre in jail for a long time, maybe somebody can slip you a bible and you can start reading the gospels again. And maybe even read some of the Old Testament about what happens to nations when they worship false idols. So with that as a back drop good morning, everyone. Section 2384. She dishes conspiracy. If two or more persons in any state or territory, or in anyplace subject to the jurisdiction of the United States, conspire to overthrow, put down, or to destroy by force the government of the United States, or to leafy war against them, or to oppose by force the authority thereof, or by force to prevent, hinder, or delay the execution of any law of the United States, or by force to seize, take, or possess any property of the United States contrary to the authority thereof, they shall each be fined not more than 5,000 and imprisoned not more than six years. There are others that were actually updated. I get it. That is a 1948. This says not more than twenty years, or both. Of course incident was updated in 1994. It updated it, frank, to 20 years. And so, froank, you look at the language. Lets put it up one more time. You look at the language, frank, and you tell me how these people who were breaking into the capitol, who are now whimmering and whining as they are being taken off airplanes, they dont understand they have committed treason against the United States of america, they are involved in she dishes conspiracy by force, hinder, or delay the execution of any law of the United States. But, frank, thats the thing. This wasnt just any law. This separated us from every other country in the world. John adams did it first when he voluntarily walked away from the presidency after he lost. He didnt seize power. It shocked countries across the world that this grand new Constitutional Republic would have a peaceful transfer of power. And so there it was written in the United States constitution, to guarantee the peaceful transfer of power. This was the day for the constitution set that our representatives, our elected representatives were to count the electoral votes as required by the constitution of the United States. And those people on those on that screen, im sorry, im a simple country lawyer but even i can figure out that is a conspiracy to commit sedition against the United States of america. Please tell me where im wrong. And please tell me if i am not wrong, why the hell these people shouldnt be charged by federal prosecutors to the fullest extent of the law and be sent to prison for 20 years . Joe, theres a lot to unpack there. But im going to take the easiest nobrainer section of the question first. These are seditionists. You dont need to have a law degree to understand that they have violated the sedition laws of the United States. Now, im not necessarily talking about the massive crowd that wandered in behind the organizers and the most violent and didnt even realize where they were and took pictures and wondered allowed how this happened. Im talking about the people who traveled with the intention to do it, conspired with others, and enacted violence against not only people, officers, and our legislators but intended to disrupt our government processes. There is no question that ultimately the charge of sedition applies to them. Heres whats happening, joe. There is a race against the clock now with the fbi. They have a pending inauguration to secure. Theyve got to build cases like you talked about, identifying organizers, taking an enterprise approach to the investigation. So what were seeing is rest now on complaint, grand jury and indictments for much, much heavier charges against america. One of those charges for at least a handful of organizers will be sedition. But i want to go back earlier to something you said. Its something im passionate about. And you mentioned evangelical christians. You mentioned people who think they are patriots and are doing the right thing for america. One of the ways you deradicalize a population, sadly we learned this from the International Terrorism side of things, you continue to expose people to the truth and give them other options. The problem is these people have lost sight of their code, their core values. There is misplaced loyalty. They are not loyal to a country anymore. They are loyal to a person. I wrote this book that launches today because the fbi has got it right about how it preserves its core values inside and the nations core values. I distilled it down to the 7 cs. Guess what the first is . Code. Codes of conduct come from keeping your eyes on your core values. We have americans who have lost sight of the core values of america. The son c in my book is conserve answery. Every one of us is responsible for preserving the core values of our group, company, community, and country. And we have lost it. The most disturbing thing of all, joe, that has been developing over the course of the last 48 hours, we may have had Law Enforcement officers who lost their code, lost their core values, dont understand who to be loyal to. We are hearing reports of 15 Capitol Police officers suspended. We are hearing reports that City Police Departments across the country are opening internal affairs cases for officers who lost their way. Sadly, im here to tell you, that is factoring into the security preparations for the inauguration. Why . Because while we have counter surveillance looking at prem terse, now we have to have counter surveillance looking at cops during the inauguration of a new president. Well, and of course we read and roll our eyes when we read about problems that germany is having with neonazis infiltrating their police force, their security forces. Were having the same problems in the United States of america right now. Its a fascist president who is inspiring people to, again, go against their code, mika. In yeah. The code, the bible, the constitution, which of course hypocrite kael they hold up both. But they are worshipping an idol. And you look at their actions. They shall be judged by their actions. They shall be judged by their fruits. As far as being part of this sedition, if somebody put on their facebook page, lets go up to the capitol and stop this. Lets go up to the capitol and be part of this revolt, guess what, thats sedition. That is sedition. And those people need to go to jail for 20 years, if they came up and broke into the capitol. Rejection of sedition, rejection of treasonous acts, of coup attacks separates us from other countries around the world. Willie, republicans in congress who arent speaking out as vehemently and as passionately as joe is right now who cannot recognize the accountability, how can they call themselves patriots, servants to this country and not seditionists themselves . They shouldnt call themselves patriots if they cant condemn what we saw on wednesday and what we know may be coming on the inauguration next week. We know from what were reporting, seeing on the internet, talking to members of congress and National Security people that what we saw last wednesday may be the undercard or not main event for whats being planned around the inauguration, which is why you are seeing this stepped up security. Claire mccaskill, your republicans in the senate and the house cant stand up and say once and for all it may be too late, but say once and for all that joe biden won this election. President trump got 74 million votes. But he came up short. It was fair and square. Its time to move on and support the new president. You dont have to like what happened but you have to come to grips with reality. Why . Why cant republicans stand up and say that to their voters . The republicans on capitol hill have bought into the lies from day one. They either ignored them or they looked the other way. Or worst of all, they embraced them. And the big lie that donald trump started committing, the crime against america that donald trump began really began months ago when he started telling people that believed in him that if he didnt win, the election was a fraud. And he continues to embrace the big lie. And the majority of them embraced the big lie. Thats where we are. If we want unity, and i think joe biden desperately wants it. I think all of us want unity. We want to stitch this back together. It has to begin with republicans acknowledging that there was no massive fraud. That Donald Trumps lawyers had all the evidence. And the evidence was there. It was edited conspiracies, edited videotape. It was people trying to make a buck. It was anything but massive fraud. Until republicans can do that. Until they can reject the big lie, they cant even open their mouths about unity. Shut up about unity. Until you can state the obvious, that there was a big lie. By the way, Lindsey Graham did it on the floor that night. He said enough is enough. There were not 82,000 people underage that voted in georgia. There was not fraud in georgia. Its enough. Its over. He at least said its over, and there was no fraud proved. And, mika, republicans arent being asked to condemn a president s tweets, to condemn something that happened on able news. They are being asked to stand up in this moment in our countrys history and help prevent a terrorist attack on the United States next week. Read the reporting. Talk to anyone in washington. Thats what is in the works here. Republicans being asked to stand up and tell the truth. Many of them have had trouble doing that the last several months around this election, and stop the terrorist attack on america. Well now to something that hasnt happened in trumps entire presidency. Kevin mccarthy reportedly stood up to him. During a 30minute phone call yesterday with mccarthy, President Trump falsely blamed antifa people for storming the capitol. That is a lie they tried to spread, to no avail. Another source told axios, mccarthy would have none of it telling the president , its not antifa, its maga. I know. I was there. The white house official described the call as tense with trump ranting about Election Fraud and an exasperated mccarthy cutting in to say stop it. Its over. The election is over. Stop it. Its over. The election is over. Its not hard, republicans. Stop it. Its over. The election is over. And if you tell americans this, mika, an amazing thing may happen. We may actually be able to prevent further murders of Capitol Hill Police officers. We may be able to prevent further abuse against Law Enforcement officers, the killing of five people in the capital, insurrection against the United States of america. Riots against the United States of america. Security of the free press. If they will tell the truth they know is the truth that every federal judge with trump, maybe those are the words they use. Stop it. Its over. The election is over. During a Conference Call with House Republicans yesterday, mccarthy told members that trump bears some responsibility for the riot. Mccarthy was one of the over 100 House Republicans who voted to challenge bidens election win. In his new found pushback against the president may have a lot to do with Campaign Donations. A growing wave of big businesses say they will suspend or review their Campaign Donations in the wake of last weeks riot at the capitol. Many say they would stop donating to those who rejected the certification. The growing list of those corporations includes dow, marriott, blue cross, american express, airbnb, best buy, mastercard, comcast, the Parent Company of nbc universal. So far 33 companies have either temporarily halted all Political Action committee donations, donations to lawmakers who voted against certifying Electoral College votes, or will take the unprecedented events of last week into account when considering future political donations. Other companies are reviewing their procedures but will give money through their Political Action committees. Jake sherman, of course, the ra else for 2022 begins now. And Kevin Mccarthy understands he cant do that if he has over 100 members that have the political mark of cain on them that arent going to be touched. And what corporations in the United States of america can support a house member that voted for insurrection against the United States of america . At the end of the day, thats what its all going to boil down to. So did mccarthy have his road to damascus experience because these corporations started to pull the plug on republican donations . Well, a few things to keep in mind. Number one, its not like you said, joe, its not these people who came to the capitol that are funding donald trump and Kevin Mccarthy and the senate republicans. Its big corporations that give big checks to the nrcc, the Campaign Committees and super pacs. Youre right. He has a big problem on his hands. The larger problem for mccarthy, i understand what he said on the private call. I get that. Mccarthy on a call yesterday with House Republicans didnt say that. Hes not taking responsibility for or hes not publicly blaming donald trump. Hes not saying there is going to be any repercussions for his actions. Hes not doing the things to say publicly he understands what donald trump did here. Trust me, i was in the building. There was nobody in the building who is sane, a freethinking, naturally intelligent human being that cannot look at the president and say, you called for people to be strong, you called for people to come up to the capitol. They came up to my place of work, Kevin Mccarthys place of work, and they stormed the building. So people, normal republicans in the House Republican conference, not people who follow qanon, not these lunatics who believe these conspiracy theories, but freethinking people want to hear something from mccarthy. And mccarthy needs to have some sort of reaction here that goes beyond maybe we should censure him. Or its not antifa. People want to see that from kevin. Auto imhearing that all over. People want to hear some reaction from him. So, jake, where does impeachment stand . Especially in light of what these companies are doing and considering, the nofly list story which well get to in just a moment. Could that impact Impeachment Votes . Where does impeachment stand, first of all . So we have top of punch bowl a. M. This morning up to 20 republicans are going to or are expected to vote for impeachment between 10 and 20. Thats a tiny sliver of the 200 member House Republican conference. But its massive compared to the zero republicans that voted for impeachment back in 2019. I think, listen, people are trying to in the capitol find an artful way to break from trump. Frankly, and i dont see this often, but people dont have the backbone. They need to find the backbone or people will consider them to be a joke. I think impeachment is going to die it will pass the house, die in the senate most likely. And theyre going to move to the next congress. But i do think theres just going to be continued ways to try and prevent donald trump from getting in the white house again. Claire, joe biden said yesterday he would like to bifurcate the impeachment process. Meaning he wants to begin his agenda on january 20th but will respect if democrats in the senate want to move forward with the trial of impeachment even after the president has left office. Theres some legal question how that would work exactly. What are you hearing from your old friend