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Transcript: All In with Chris Hayes, January 12, 2021

Guests: Jim McGovern, Debbie Stabenow, Olivia Troye, Carlos Curbelo, Cori Bush, Natasha Bertrand


The House Judiciary Committee just released its 76-page report supporting the second impeachment of President Donald Trump. "New York Times" is reporting "Senator Mitch McConnell has told associates, he believes President Trump committed impeachable offenses, and that he is pleased that Democrats are moving to impeach him. Rep. Liz Cheney has now come out saying she will support and vote for impeachment. Rep. Jim McGovern (D-MA) is interviewed about the second impeachment of Donald Trump. Sen. Debbie Stabenow (D-MI) is interviewed about Trump's impeachment. At least three Democratic members of Congress have now tested positive for coronavirus after they were all isolated with Republican lawmakers who refuse to put on masks.


JOY REID, MSNBC HOST: Yes, absolutely. Congressman Brad Schneider, wishing you the best, Pramila Jayapal, as s well as Bonnie Watson Coleman. Thank you all very much. Be well.

REP. BRAD SCHNEIDER (D-IL): Thank you so much.

REID: Feel better. That is tonight's REIDOUT. "ALL IN WITH CHRIS HAYES" starts right now.


CHRIS HAYES, MSNBC HOST (voice over): Tonight on ALL IN. Donald Trump has never been closer to impeachment and removal from office. Tonight, breaking news that Mitch McConnell will turn on his partner in the White House and attempt to purge the president with impeachment.

As the House prepares to vote, the growing bipartisan push to remove Trump. Then --

UNIDENTIFIED MALE: We're looking at significant felony cases tied to sedition and conspiracy.

HAYES: What we learned from the first big briefing about last week's attack on the Capitol and the clear and present danger we still face. All that and the growing push to expel the so-called sedition caucus.

UNIDENTIFIED MALE: Get on the phone, call your congressman, and feel free. You can lightly threaten them.

HAYES: When ALL IN starts right now.


HAYES (on camera): Good evening from New York. I'm Chris Hayes. Things are moving very quickly at this hour amidst and intensifying national emergency, what is arguably the most perilous period for American democracy in over a century.

The House Judiciary Committee just released its 76-page report supporting the second impeachment of President Donald Trump, including "President Trump remains a clear and present danger to the Constitution and our democracy. The House most rejects this outrageous attempt to overturn the election and this incitement of violence by a sitting president against his own government. President Trump committed a high crime and misdemeanor against the nation by inciting an insurrection of the Capitol in an attempt to overturn the results of the 2020 presidential election. The facts established that he is unfit to remain in office a single day longer and warrant the immediate impeachment of President Trump."

Just a few hours ago, we got news the push to remove Donald Trump from office has actual and very real momentum from congressional Republicans. Check this out. New York Times reporting "Senator Mitch McConnell has told associates, he believes President Trump committed impeachable offenses, and that he is pleased that Democrats are moving to impeach him, believing that it will make it easier to purge him from the party."

If this is true and there's good reason to believe it is, it is a very, very big deal. No single person can do more to evict or help Donald Trump than Mitch McConnell. It remains an open question as to whether McConnell will actually do anything. But with every hour that passes the dam sustaining Trump's support crumbles a little bit more.

The Times also reports House Minority Leader Kevin McCarthy, of course, who supported the president in his seditious attempt to overturn the election has asked other Republicans whether he should call on Mr. Trump to resign in the aftermath of the riot at the Capitol last week.

Meanwhile, Congressman John Katko from Central New York became the very first House Republican to support impeaching Trump, but now he already has company. Congresswoman Liz Cheney, of course, yes, the daughter of Dick Cheney, the number three Republican in House leadership, she now says she will vote to impeach Trump and not reluctantly.

She released a searing statement condemning the president saying, "Much more will become clear in coming days and weeks, but what we know now is enough. The President of the United States summoned his mob, assembled the mob, and lit the flame of this attack. Everything that followed was his doing. None of this would have happened without the president. The president could have immediately and forcefully intervened to stop the violence. He did not. There has never been a greater betrayal by a president of the United States of his office and his oath to the Constitution. I will vote to impeach the president."

As we speak right now, House representatives is taking an unprecedented step in the nation's history now passing a resolution calling for Vice President Mike Pence to invoke the 25th Amendment against (AUDIO GAP) make Vice President Pence the acting president pending some further votes.

That's even though Pence has written a letter to Speaker Nancy Pelosi saying he won't do it. He will not invoke the 25th. Now, this all comes in a day where President Trump made his first public remarks since the mob attack that he incited at the Capitol. Remarks we're not going to play frankly on our air because guess what, he flatly said that further moves towards impeachment would enrage the same mob that threatened the lives of members of Congress.

It was clear, you keep doing this and you're inviting more of this. That's what the President basically said. Now, this is amidst news the FBI warned of a "war at the Capitol ahead of that event." And then now briefings to members of Congress there are plans work further violence, concerns about that.

We're now in a position where House Minority Leader Kevin McCarthy -- I want you to listen carefully to this, OK. This tells you where we are, how perilous and how deadly serious this all is. Kevin McCarthy who was gone along with the president in lockstep, who voted to overturn the election and hand the presidency to the loser, he is reportedly telling members of his own caucus to not publicly attack their colleagues for voting for impeachment because it puts their lives in danger.

Think about that. That's what hangs over all of this. That is where things stand at this hour. It undergirds the urgency of what the House is now moving to do.

MSNBC Correspondent Garrett Haake is closely monitoring the events on Capitol Hill, and he joins me now with the latest. And Garrett, if I was speaking to you today at 5:00 p.m., this all will look very differently. But the combination of the number three-member of House leadership, two other House Republicans and the story of Mitch McConnell who is now letting it be known, I think it's fair to say, we are in uncharted territory here.

GARRETT HAAKE, NBC NEWS CORRESPONDENT: Yes, I think that's right. I mean, look, by the time this broadcast comes on the air tomorrow, unless some other extraordinary event takes place, Donald Trump will have been impeached for a second time. And it will have been by a bipartisan vote in the House.

I think the questions that we're looking at now are how big is the bipartisan crossover here to impeach Donald Trump in the House? We've heard from three Republicans so far who are going to vote in favor of impeachment. How many more follow them now that we know that House Republican leadership is essentially going to let them go? They're not going to whip it?

And then, what happens in the Senate is a little bit more of an open question. I can't confirm the specifics of the reporting about Mitch McConnell, but I can say this. He's the most unsentimental politician I've ever covered or expecting to cover. He hasn't spoken to Donald Trump since he acknowledged that Joe Biden is the president-elect.

And if he's willing to let his members go, if he's willing to vote for impeachment, or even if he's willing to not whip against the idea of convicting Donald Trump, that's probably 15 or 20 votes that go with him right there. I mean, if McConnell sits on his hands as minority leader in an impeachment trial, you're looking at a vastly increased odds that Donald Trump is convicted by the Senate. That's the power in this way that he -- and the respect that he commands from the Senate Republican conference.

HAYES: What do you -- what do you make of the Liz Cheney statement? I have to say, she is someone who was targeted by the President, I think, actually in that speech before, you know, the Capitol mob descended on the Capitol. I think he called her out. She is -- she has been a critic of the President. That statement, though, was really quite something.

HAAKE: Scathing. I mean, this was not a sort of (INAUDIBLE), I'm going to make this political choice here, but I'm going to hedge it kind of statement. I mean, Cheney statement was incredibly powerful in distancing herself from the president and calling his behavior totally unacceptable, unconstitutional, un-American, take your pick.

You know, look, Cheney in the House and Mitt Romney in the Senate, arguably for different reasons -- Romney's political career is all but over just as a function of his age and his time in the spotlight, Cheney is less so, are making a bet on a different future for the Republican Party, of a Trump-free or Trump red Republican Party that might look more like what it look under -- like under the last Republican president, or like it would have looked under a President Romney.

I mean, they have chosen and a few others to try to see around a corner that doesn't include Donald Trump. And we're all going to watch in real-time over the next months and years as this Civil War goes on within the Republican Party for what that's going to look like when Donald Trump is no longer the president.

He's already lost his megaphone, he's about to lose his power of office. You know, can the Liz Cheneys and Mitt Romneys and a handful of others who believe as they do that the Republican Party stands for small-C conservative principles still wrestle it back from the Make America Great Again crowd. I mean, this is what we're going to watch for in the Republican Party of the future.

HAYES: Yes. I think now what we're seeing, and we saw in that vote is something even sort of a little orthogonal but logical distinction between essentially the loyal opposition and something much darker, right. I mean, that you are -- that -- you know, acknowledging the reality of a rightful democratic election and not. That is the sort of bright line that we found ourselves at. Garrett Haake, as always, thank you so much for joining us tonight.

HAAKE: Thanks, Chris.

HAYES: The House Rules Committee met earlier today about the process to remove Donald Trump from office. Democratic Chairman Jim McGovern tried to get Congressman Jim Jordan to just admit the basic facts that the 2020 election was free and fair. And here's a bit of how that went.


REP. JIM MCGOVERN (D-MA): I'm going to ask you to make a statement that the election was not stolen, that Joe Biden won fair and square. And you know, one of the ways to promote healing is for you to say yes and put that on in your Twitter account so that all these people who bought into a lie will start hearing from some of the people that were pushing this. You know, the answer is, you know, the American people --

REP. JIM JORDAN (R-OH): Mr. Chairman, Mr. Chairman.


JORDAN: Joe Biden is going to be sworn in as president. He is -- he is President-Elect Joe Biden.

MCGOVERN: That is not the question I asked. That is not the question I asked. You refused to answer that question, and I think that's one of the --

JORDAN: I cannot refuse. He's going to be the president. I've said that -- I've said that on television.


HAYES: He's going to be the president. Congressman Jim McGovern joins me now. I want to ask you about what's happening in your committee and the -- and the sort of schedule. But first, I want to just start on that point. As far as I can tell, in the wake of the deadly attack on the Capitol, the death of a police officer, the beating and injuries of many more, I haven't seen a single Republican colleague in the House of yours, who voted to overturn the election, to deny those electors come out and say I was wrong and that this is a big lie that you have been sold and Joe Biden won fair and square. Has anyone done that? And what would it do if they did?

MCGOVERN: Not to my knowledge, and that includes the Minority Leader of the House of Representatives. Now, he's trying to get Jim -- give Jim Jordan the opportunity to correct the big lie, the big lie being that the election was not -- they keep on saying the election was stolen. I want them to say five words. The election was not stolen.

I think that would send a signal to the types of people that congregated here on Wednesday that, in fact, they were sold a bill of goods.

HAYES: What -- your Rules Committee now is working on this 25th Amendment Commission. And let me just take a second on that. I don't quite get it, I got to say. I understand that these are desperate times. It calls for desperate and original measures. It's an interpretation of part of that clause. But with Vice President Pence already saying he's not going for it; it seems to me that this is something of a dead-end. You're going to move to impeach -- will you get to impeachment by tomorrow? Is that right?

MCGOVERN: Correct. In fact, we're now taking a break for votes. And the Rules Committee now is considering the impeachment resolution for tomorrow. But look, there are three options for Donald Trump. He could resign, the 25th Amendment could be invoked, or we will impeach him. And tomorrow, I believe we will impeach him with a bipartisan vote, and he will be the first president in U.S. history to be impeached twice.

HAYES: What is your reaction to news that at least three members of Congress, John Katko, Adam Kinzinger, and number three in leadership, Liz Cheney have now come out saying they will support and vote for impeachment?

MCGOVERN: Look, I'm encouraged by that. I want this to be a bipartisan vote. You know, when people talk about healing, I think one of the ways to heal this nation is for there to be a big bipartisan vote to impeach Donald Trump. Look, he is not fit to be in office. What he did on Wednesday inciting this mob of white supremacists, of neo-Nazis, of the Proud Boys is unforgivable. He tried to overturn the will of the people in this country. And there has to be a consequence for that.

And his rhetoric and his ginning up this big lie that somehow the election was stolen from him, you know, has -- it was resulted in this incredible violence that occurred on Wednesday. Look, I was there. I was on -- I was in the chair in the house. I took over for Nancy Pelosi. And then when we left the House floor and went into the Speaker's lobby, you can see at the glass doors of the Speaker's lobby, I saw this angry mob up close and personal.

I mean, there was hate in their eyes. They were -- they were not protest, they were there to destroy things, to desecrate the Capitol building, to hurt people. And this is a direct result of Donald Trump, and by the way, some of my Republican colleagues who gave Donald Trump's conspiracy theory some oxygen.

HAYES: Yes, I want to note. In this video here, which is the entrance to the Speaker's gallery -- Speakers Lobby, which is next to the gallery, this is the moment before that woman was shot and killed by a Capitol Police officer trying to stop them from essentially breaching the Speaker's Lobby, which would have meant they set upon you.

And I think there's a point in this video where we see you in the background just on the other side from this class and this mob.

MCGOVERN: No, I was there. And it -- look, that's when I realized that this wasn't just a few people. This was, you know, a group of domestic terrorists, homegrown fascists, whatever you want to call them. But these people weren't here to try to persuade. They were here to do violence. They were here to destroy things.

And look, this is an interaction. This is a -- it was an attempted coup. And there has to be a consequence. For those who say, oh, let's just wait Trump out, you know, only another week or so. That would be the exact worst thing we could do. We need to make it clear that there's a consequence for this kind of behavior. Because if we don't, it will happen again.

And look, we want to remove -- none of us know what he's capable of doing in these next few days. Will he pardon, you know, all of these, you know, domestic terrorists that did this damage to the Capitol that killed a police officer? We have no idea. But he is capable of that. And so every minute that he is still in office, is a clear and present danger that people of this country.

HAYES: Congressman James McGovern who has been helming the Rules Committee today as it -- as it sets up votes tomorrow on the House floor for the first time ever in the history of this country, a second impeachment of a sitting president. Thank you, sir.

MCGOVERN: Thank you. Be safe.

HAYES: Democratic Senator Debbie Stabenow of Michigan called for Trump to be removed from office following last week's attack on the Capitol and she joins me now. And Senator, first, your reaction to the news about Mitch McConnell which I think some are surprised by.

SEN. DEBBIE STABENOW (D-MI): Well, first of all, I'm not surprised that he knows that Donald Trump committed impeachable acts. He knows that. He's a bright man. The question will be whether or not he's going to stand with Senator Schumer who has asked him to use the powers that they have under a 2004 Senate resolution to bring us back in an emergency to the Senate to be able to act.

So, after the House acts, you know, if he really means it, then he will join but Chuck Schumer. We will come back into session and we will have the trial. And we will get this done and he'll join us in doing that. To me, that would be the test as to whether or not he means it,

HAYES: That's a good point. So, you believe he has under his power to bring you back and start this trial should the President be impeached tomorrow, as we expect under this one article that has been offered for his incitement of this mob in pursuit of this project of overturning a democratic election. You think the Senate should come back and Mitch McConnell is serious about this, you should be back in the next few days and do it before the President leaves office?

STABENOW: Absolutely. I mean, there's a 2004 Senate resolution that was passed. Senator Schumer has reached out to Mitch McConnell and said, let's use that, its emergency powers. This certainly is an emergency. All the pictures we've been seeing, you've been showing tonight, and we have been seeing constantly, the experiences that we had, I can assure you this is an emergency. And they could together bring us back into session and we could get this done.

That will be the real thing that matters. I mean, is he going to actually act on this? We just seen too much of this of enabling for four years. And I was thinking, you know, Chris, that a year ago, we were actually in a trial in the Senate. Right now, we were in a trial. And if the Republicans and Mitch McConnell had joined with us then, we would have not had the way that the Coronavirus has handled that has caused almost 380,000 deaths, we wouldn't have what happened last week, we wouldn't have had those five deaths.

So, that was just a year ago that they could have acted. Well, now, if he really believes that there were impeachable acts, which of course, there were, then he has to step up. He has to step up and show some leadership.

HAYES: What do you think about the members of Congress on both houses who have supported, who have given kind of aid and comfort of the President's big lie on this -- on this score? You know, they've done it in this very kind of too cute by halfway. I'm thinking now of Josh Hawley and Ted Cruz of well, you know, a lot of people feel this way, and we're just asking questions, and we should have a commission.

But when all was said and done, they voted not to seat the electors who were rightfully elected by the people as part of our democratic system. What do you think of those colleagues in both Houses?

STABENOW: I think it's shameful. I think in some way, they should be held accountable. I know that there are requests for ethics committee investigations, and I'm supportive of holding them accountable in some way. I mean, we can't move on and have healing without accountability, and without justice.

And by the way, Chris, we do need to move on. We have a president and a vice president being sworn in on January 20. We also need to be confirming a Secretary of Defense, a Secretary of Homeland Security, a Secretary of the Treasury, all of these important positions. With Donald Trump, we actually came in on the 20th to put the Secretary of Defense in place immediately.

Now, I want to know if our Republican colleagues, if Mitch McConnell are going to join with us in that endeavor as well. That's part of the responsibility here to put in place the responsible team, the competent team that's going to be able to make decisions to keep us safe going forward. So, there's a lot at stake here.

And we want to move forward. And we, as Democrats know we have to work across the aisle and be bipartisan to get things done. But we also know that at this moment, what was done here was an insurrection. There has to be accountability, there has to be justice, in order for us to be able to really move on in a sincere way.

HAYES: Senator Debbie Stabenow of Michigan, thank you so much for joining us tonight.

Tonight, in the 11th hour of the Trump presidency, the dam appears to be breaking a bit. What's happening behind the scenes as Republicans abandoned the president, after this.


HAYES: As Senate Majority Leader Mitch McConnell signals his support of an impeachment hearing, the third-ranking Republican the House Liz Cheney says she will vote to impeach the president. It seems clear many Republicans are now desperate to separate themselves from Trump because they recognize the political cost and social sanction coming their way from being complicit in a violent and deadly attack on the U.S. Capitol that was incited by the President.

And no matter how selfish and politically cynical those Republicans are, they at least have the ability to recognize that what happened last week was historically bad. Well, the President on the other hand is so morally monstrous, he was reportedly pleased by what he saw.

I'm joined now by two Republicans who have seen up close with loyalty to Trump is really worth. Olivia Troye, former adviser to Vice President Pence who served in the White House Coronavirus Task Force before resigning in protest, and Carlos Curbelo, a former Republican congressman from Florida.

Olivia, let me start with you. And I want to start on this note. We've got a number of behind the scenes reported stories about the President on the day of the sixth. And one of the things I think that is very clear that has enraged Mitch McConnell and others is that it's quite clear there were multiple attempts by many people, while people were ransacking, attacking the Capitol, and beating cops, and killing a police officer, and trampling people to death, to get the president to get people to leave and he was too busy enjoying the viewing.

And as someone who got to see his makeup up close, his moral makeup up close and quit over it, what is your reaction to that?

OLIVIA TROYE, FORMER ADVISER TO VICE PRESIDENT PENCE: That is in keeping with the moral bankruptcy of the person that we have in the Oval Office right now. He didn't care. He didn't care that people's lives were on the line. He didn't care about the Vice President, someone who has stood by his side for four years now unwaveringly defending every single one of his policies, standing up there being his champion. His family was at risk, his own life was at risk, and the President didn't care.

All of these people that stood by him just learned firsthand that this President didn't care that their lives were at risk. All he cared about was the show of shock and aw which is happening at the Capitol, because he was sitting there enjoying the grandeur of what was happening from these quarters that stood by him.

HAYES: Carlos, you served with some of these folks in Congress, both people that voted along with the president to overturn the election to undermine the rightfully elected leader, and those who are now saying they're going to vote for impeachment. What's your read of the Republican caucus at this moment?

CARLOS CURBELO, MSNBC POLITICAL CONTRIBUTOR: Chris, I think a lot of these people, or at least some of them, understand that this is their last chance to get on the record about Donald Trump. This is their last chance to get on the right side of this, to hold accountable a man who has caused so much damage the country, who has threatened the poor of this democracy, who has made this country look like the country that my parents had to plead decades ago, Cuba and other countries where democracy is not respected, where the basic ground rules of societies are ignored.

This is their last chance. I think some of them are waking up to that and are going to do something about it, but many others are not.

HAYES: How many? Give me an over-under. There's reports today the White House expecting two dozen. We've got three on the record so far. What is your -- Carlos, what is your anticipation of what that number looks like?

CURBELO: I think it can be anywhere between 20 and 30, and I think certainly Liz Cheney, the chair of the House Republican Conference has given Republicans a lot of room to make this decision. They're not going to be alone. One of their leaders is going to stand with them. And I think Cheney's name will be recognized in history, even at this late hour for doing the right thing and for encouraging her colleagues to do the right thing.

HAYES: I mean, it will be recognized, but I'll just put a little emphasis on this late hour. You know, we had 4,000 Americans die from the Coronavirus today, today, 380,000. You know, this has been probably one of the worst years in the country's history, I don't know since when. And it was all utterly predictable from the day it came down the escalator. Everyone knew this is where this was headed, Olivia.

I mean, that's the thing. Like, I want to read you this letter. And again, I commend the people on the right side of this line. I do. This is an important moment to get on the right side of this line, so I don't want to be truculent here. Let me -- let me read this from Jason Schmidt, a longtime senior House Armed Services Committee staffer who resigned today. And I thought he said this well.

"A poisonous lie that the election was illegitimate and should be overturned inspired so-called patriots to share common cause with white supremacist, neo-Nazis and conspiracy theorists to attack the seat of American government. All our words and actions in the coming weeks and days were revealed those who believe in defending the Constitution and those who stand only for self-interest and sectarianism."

And to that point, Olivia, I have always admired that you did what you did, that you quit when you did, that you were as public as you were. This is the last stop on the train right now, would you agree?

TROYE: Absolutely. This is it. I mean, these are people who have enabled this. They've stood by it. But this is it. It's time to draw the line. And history, I think, will remember this moment. And we have someone who is in credibly dangerous. He has proven that. He proved it again today in his remarks where he made the same lies and claims about the election.

He again didn't condemn any of this. So, anyone who's waiting for the moment where they think that this President is going to say -- ask for forgiveness or say that all of this was wrong, that moment isn't coming. And so, if it isn't coming, I think it's time to really actually decide for themselves for these Republicans, are they going to vote with their conscience or are they going to vote for what's right for the country and will they hold up their own personal integrity, whatever is left of it?

HAYES: Yes. And I would also say this, Carlos, quickly. I think it's in their short-term political interest. He is politically weak right now. And he did something unforgivable. Just do the right thing.

CURBELO: Well, that's certainly what everyone should do, Chris. I will tell you, the greatest fear that members of Congress have, Republicans and Democrats, to be fair, but in this case, certainly Republicans, is the primary challenge. And a lot of Republicans are still worried about what Donald Trump could do to them in a primary. Still, that is no excuse. Way more important than your personal primary is the health of this democracy, the future of our society and our kids. So, you got it.

HAYES: Olivia Troye and former congressman Carlos Curbelo, thank you both. I appreciate it. Still to come, calls for Republicans to be held accountable for playing a part in the President's lies. Congresswoman Cori Bush says they should be kicked out of the House. She joins me next.


HAYES: There are Republicans serving in Congress right now who actively stoked the mayhem we saw at the Capitol last week. On the day of the attack, Republican Congressman Mo Brooks of Alabama gave a speech to rile up the mob at the Trump rally. Arizona Congressman Paul Gozar tweeted this. "Biden should concede. I want his concession on my desk tomorrow morning. Don't make me come over there. #stop the steal 2021." And he tagged Ali Alexander, who is one of the organizers of the invasion.

Now, freshmen Congresswoman Lauren Boebert of Colorado tweeted, "Today is 1776." Which what is that supposed to mean? They didn't just like use their voices in 1776, did they? And later, Lauren Boebert tweeted out that Speaker Nancy Pelosi had been removed from the chambers after members were told by security not to do that, not to tweet out their location.

There's a real question before the House about what to do with members who are actively supporting the insurrectionist project that gave rise to the riot on Wednesday and the President's seditious project to overturn the election. And freshman Congresswoman Cori Bush has one solution which is to kick them all out. And she joins me now. Congresswoman, tell me about your proposal.

REP. CORI BUSH (D-MO): You know, it's a noun proposal. You know, we just introduced my first resolution. This is house resolution -- House Resolution 25 that is in place to hold our Republican colleagues accountable. You know, our Republican colleagues chose to do the work to try to overturn the 2020 election. And on top of that, incite this insurrection that happened on January 6th.

There is no way that we can sit back and allow that to happen and just say, oh, but those are our colleague, you now that -- you know, we shouldn't do anything, let's just work on Donald Trump. Donald Trump is not the only problem. Donald Trump is one that we have to work -- we have to work on getting Donald Trump out, but we cannot allow his minions, we cannot allow his friends, we can't allow his cousin's to stay in place. Those that are -- those that are doing his bidding have to go is well.

If you want to abide by the Constitution, if you want to abide by your sworn oath, it's time for you to go.

HAYES: You know, I suppose the argument on the other side of this, not necessarily one I share, but the argument that could be made would be look, these members were voting pursuant to a motion to object. They have that ability under the Electoral College act to then sort of the 12th Amendment a little bit even though the whole system is rickety. You can't go throwing members out of doing essentially what's within their power as a member of Congress to do.

BUSH: This -- let's be clear. This was a racist attempt to overturn an election. This was more about trying to disenfranchise the voices of the black, brown, indigenous people's voices, trying to invalidate our votes, because we turned out in large numbers for this election. And to tell us that our votes don't count, that they don't matter, that's another form of voter suppression. And also, to all of those grassroots groups, those black and brown organizers, those groups that push to help bring this win home for President-Elect Joe Biden and Vice President-Elect Kamala Harris, we won't stand for it.

And so, I'm speaking up. You are going to hear that we're not going to let this go because this is a racist attempt. We have to call it what it is. It's white supremacy at its finest.

HAYES: Let me ask you this. You know, the sixth of January was your fourth day in Congress, your third day in Congress, something like that. I mean, you --

BUSH: It was the third.

HAYES: I can't -- I just can't imagine that your first week on the job, just in any job. I mean, if you were -- you know, if you were an accountant or a doctor or, you know, you worked in a news network that got overrun by a mob, I mean, how are you processing this?

BUSH: You know, I think I have had a lot of time to understand, you know, what movement looks like and what protest looks like. And so, I have been in a state of fight or flight probably dealing with from the Ferguson uprising to till now. I'm just kind of being in that place.

So, when this happened, you know, even though that was not a protest. Let me be clear, that was not a protest. But being in that type of a space and being at a place where you have to always be ready at any moment, when you have these white supremacy attacks after you, I've been living there for the last six years.

So, that was not the thing. The thing for me was I was told that I would be safe in this place. That even though where I'm where I live at home in St. Louis, things might be a little different, I was told when you're on -- at the Capitol, you are safe, our staff would be safe, that the rest of the staff here, the custodians and everyone else, the chef's, the cooks, everybody would be safe, but we weren't. So, that was the thing.

And so now, processing it, especially as a black woman -- I'm a black woman that stands to call out white supremacy. I call out their leadership. I call out corruption. I call out and say we need to defund the police. I'm very clear on those things that Black Lives Matter and we should have the right to be able to stand up and say that and save lives. I speak on that.

And so, to be here and have that happened, you know, that was unnerving. And that's why this is so important. We have to -- those people who work -- those Congress members who work to help incite this insurrection; they must be expelled. They should not be able to be in the same space to do the exact same -- to vote to represent a district that is not only made up of people who look like them, and believe what they believe. No, you have to represent and serve all the people. And since you chose not to, then you should not be here.

HAYES: Final question for you. There was a strange thing that happened on the Florida night. I know you weren't there, but we've been getting reports. I think due to security concerns, which frankly are a little unnerving, which I think our some Democratic colleagues a little concerned about their Republican colleagues.

There were magnetometers, metal detectors placed for members to pass through on entrance into the House chamber itself. So that members who are caring Lauren Boebert, freshman member, who is very vocal about the fact she wants to carry, there was then a standoff and a bunch rushed around or rushed through or one knocked over, apparently, a Capitol Police officer -- or bumped into a Capitol Police Officer -- I should be precise my language, and have basically just evaded it and said, this doesn't apply to us.

And I'm -- I know you're not there. That's what we know so far. We need more facts, but just your reaction to that. Many of the people are the kinds of people I think that voted, you know, to overturn the election as well.

BUSH: So, when I went in, I didn't see that take place. There was a line of people that were waiting to go through the metal detectors. So, in the place where I was, people were just waiting in line, and we went through without incident. But for those that did that, first of all, we're talking about your job. Let's just be -- let's just look at it from the most basic level. If you work at McDonald's, you have to wear the uniform or you're not working today.

You know, if you are -- you know, wherever you are, when you're told this is what you have to do, this is what you have to do or you're not working. And I don't know, maybe it's because -- I don't know, have they ever had a job before? Also, how do you get on a plane? You have to go -- so, to say that this is against your rights, do you -- do you rush through and not go through the detector -- the metal detectors when you're trying to get on the plane? Like that's a bunch of bullcrap.

Again, that is them, trying to push the limits as far as they can. We have Congress members who have said that they want to carry their guns on the floor, on the House floor. We have Congress members who bring their guns to the -- our office buildings. This is where we should feel safe, but you're bringing your guns to the office building.

I don't feel safe around that. Many people don't feel safe with that. And you know what, if you won't abide -- if they won't abide by the simple things that this job calls for, then go find another one.

HAYES: Congresswoman Cori Bush with some advice. Thank you very much, Congresswoman. I appreciate it.

BUSH: Thank you.

HAYES: Next, more members of Congress test positive for the coronavirus after being forced to isolate with Republicans who refused to wear masks during the Trump mob siege. I didn't make that up. It's true. The latest after this.


HAYES: At least three Democratic members of Congress have now tested positive for Coronavirus after they were all isolated with at least six Republican lawmakers who refuse to put on masks despite being offered them. That was while the Trump mob was storming the Capitol and they were forced into that room.

We don't know for certain, I should be clear, how the three lawmakers got it. They believe their Republican colleagues are at least partially to blame. Democratic Congresswoman Bonnie Watson Coleman, a 75-year-old cancer survivor tested positive yesterday. She said this today.


REP. BONNIE WATSON COLEMAN (D-NJ): I'm angry at the way my colleagues didn't give a hoot about our safety and security and how they acted with such arrogance and stupidity by not putting their mask on. So, I'm angry that I spent 10 months working from my home. I wanted to say safe because I'm a survivor of cancer among other things. And I go down there and within one week, I come back, and I have a positive COVID diagnosis.


HAYES: Congressman Brad Schneider of Illinois announced today he also has the virus, that he's paying the price for his colleague's refusal to wear masks. Adding, I am now in strict isolation, worried that I've risked my wife's health, and angry at the selfishness and arrogance of the anti-maskers who put their own contempt and disregard for decency ahead of the health and safety of their colleagues and our staff.

Congresswoman Pramila Jayapal, a frequent guest on this program, is also tested positive. She condemns the "selfish idiocy" of the maskless Republicans. "Only hours after President Trump incited a deadly assault on our Capitol, our country, and our democracy, many Republicans still refuse to take the bare minimum COVID-19 precaution and simply wear a damn mask in a crowded room during a pandemic, creating a super spreader event on top of a domestic terrorist attack."

She also called for fines to be levied on members who refuse to wear masks in the Capitol and for their immediate removal from the floor. This afternoon, the House Sergeant at Arms agreed announcing that members not wearing a mask will not be admitted to the floor, and members who fail to wear a mask will be removed from the floor.

Politico reports that the House is expected to implement a system of fines for members who flout the requirement to wear masks in the chamber. $500 fine with first offense, $2,500 for the second offense.

Coming up, law enforcement finally makes a public briefing on the Capitol riot nearly one week later. The arrests, investigations, and possible conspiracy charges next.


HAYES: Six days after the violent attack on the U.S. Capitol, law enforcement finally held the first federal press briefing about what happened. But that isn't the Acting Attorney General of the United States at the podium or the director of the FBI. No, they just sent out the local guys, Acting U.S. Attorney for the District of Columbia and the Assistant Director in Charge of the FBI Washington Field Office, to talk to the country on camera for the first time about the attempted insurrection against the U.S. government at the Capitol and what they are doing to bring the rioters to justice.


MICHAEL SHERWIN, ACTING U.S. ATTORNEY, DISTRICT OF COLUMBIA: We have already opened 170 more -- than 170 subject files, meaning these individuals have been identified as potential persons that committed crimes on the capital grounds inside and outside. So, of those 170 cases that have already been opened, and I anticipate that's going to grow to the hundreds in the next coming weeks, we've already charged over 70 cases.

Just yesterday, our office organized a strike force of very senior national security prosecutors and public corruption prosecutors. Their only marching orders from me are to build seditious and conspiracy charges related to the most heinous acts that occurred in the Capitol.

HAYES: Some encouraging actions. There still feels like things are not quite moving that quickly given the scope and stakes of what is at issue here. And more importantly, the impending threat of further armed assault. Politico's National Security Correspondent Natasha Bertrand joins me now.

Natasha, first, what did you -- what was your takeaway from the briefing today?

NATASHA BERTRAND, NATIONAL SECURITY CORRESPONDENT, POLITICO: Well, it was clear that the FBI, first of all, was trying to do some cleanup on its own behalf. So, the FBI official there emphasized that the warnings that they received were, in fact, shared with their state and local partners.

So, they did share them with local law enforcement officials, according to the FBI official. And that was, I think, an attempt to say, look, we did our part of the job and it was up to say, Capitol Police or who -- the members of the Joint Terrorism Task Force in Washington D.C., to kind of put together the security measures that were necessary in order to respond to the kind of violent threats and intelligence that they were -- that they were receiving.

So, I think this was part of what we've seen in the last week as a continuation of the FBI's attempt to say, we did our job. Now, the rest is up to you. And then with regard to the D.C. U.S. Attorney's Office, which Michael Sherman was talking about, they now want to say, look, we're taking this seriously with regard to pursuing further charges.

But one of the big takeaways, obviously, is we're not seeing the FBI director on stage, right? We're not seeing briefings directly from the head of the FBI and from senior officials who might indicate to the rest of the country and to potential violent rioters who might come back to the Capitol, that this is something that has gone to the highest, highest levels of government that will not be tolerated. And I think that that is something that is also concerning some folks tonight.

HAYES: I mean, it's a week after it happened, six days. And no -- you know, I mean, I don't know who runs DHS now. Chad Wolf was gone. Lord knows who's running that place. But FBI Director Chris Wray, the Acting Attorney General Jeffrey Rosen, I mean, it's just -- it is shocking to me, shocking, inexcusable, that we have not had a briefing.

BERTRAND: It's remarkable. And national security officials who I've spoken to have also said, look, you know, one of the reasons why we might not be seeing them is because they might be afraid that they could get fired, you know, in the week that's left of this administration. That speaking truth about this and the reasons why it was incited, the realities of why these protesters came and marched to the capital would force them to lose their jobs.

And that, you know, you take it at face value, which is that the President has never accepted his own officials speaking the truth about and speaking -- and criticizing him in any way. So, I think that's part of it.

HAYES: Final question for you is about where things stand in terms of threat assessment for future possible assaults. There's been reporting about briefings of members of Congress about some that are being plotted and planned. Where do things stand right now in terms of the security of this inauguration specifically?

BERTRAND: So, everything is being thrown at this in terms of security. Obviously, they don't want a repeat of what happened last week, so it's really all-hands-on-deck at this moment. The National Guard is already stationed around D.C. about a week earlier than they were supposed to be. The FBI is also all-hands-on-deck. They currently are going door to door in D.C. or had been, trying to find the person who planted the pipe bombs at the DNC and the RNC because it that person still has not been caught and could very well come back.

And so, they're -- the Secret Service is putting everything into this. So, it's going to be a massive, massive security -- massively secure event. But there are still some concerns among lawmakers in particular, about whether they want to be there for the inauguration of Joe Biden because they know, you know, that they are -- they have these targets on their backs.

HAYES: All right, Natasha Bertrand who has been doing a lot of great reporting on this, thank you so much for joining us tonight. That is ALL IN on this Tuesday night, Impeachment Eve. "THE RACHEL MADDOW SHOW" starts right now. Good evening, Rachel.


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