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tv   New Day With Alisyn Camerota and John Berman  CNN  February 12, 2021 2:00am-2:59am PST

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camerota and john berman. welcome to our viewers in the united states all around the world, it is friday, february 12th, 5:00 in the east. the former president's defense team will make its case today. we're told they will use only a fraction of the 16 hours they have been granted. why so short? why so little to say? the former president is charged with inciting the insurrection at the u.s. capitol that led to five deaths, as one of our analysts noted they have bad facts but a good jury. how good? republican senator rick scott was filling out a blank map of asia during arguments. maybe senator scott can tell us where exactly on that map he has located the u.s. capitol. wait, there's more. three senators huddled with the president's lawyers to craft strategy. when you're fixing a fight, everyone has to be on the same page. house impeachment managers
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wrap up their case by warning of the potential for future violence if former president trump is not convicted and barred from ever holding office again. prosecutors argued that the deadly capitol insurrection would not have happened had the mob not been invited and incited by trump. despite their compelling video evidence, most republican senators appear ready to acquit from trump. at one point our producer witnessed 15 empty seats on the gop side during the trial. let's begin with cnn's lauren fox live on capitol hill. >> reporter: the house managers used two days to make their case to this jury. these 100 senators. we expect trump's team is only going to spend a couple of hours today making their case, and that's because, like you said, many of these minds on capitol hill, they're made up. even though these are supposed to be impartial jurors, we know there are not likely to be 17
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republicans ready to convict trump as early as tomorrow. former president donald trump's defense team will have their turn to explain why they believe he is not responsible for the deadly insurrection at the capitol. despite having 16 hours over the next two days to present their case, trump's lawyers could make their defense as short as three hours. that's according to a source close to the former president's legal team. >> there's no reason for us to be out there a long time. as i said from the start of this thing, this trial never should have happened. >> reporter: they will use their time attempting to show no connection between trump and the january 6th insurrection and video examples they say demonstrate democratic leaders using what they call similar language to the former president. one possible clip is of senate majority leader chuck schumer speaking outside the capitol last march. >> i want to tell you, you have
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released the whirlwind and you will pay the price. >> reporter: the argument despite no violence after schumer's speech like it did following trump's rally on january 6th. the former president's lawyers also meeting with three republican senators thursday night. even with their roles as jurors, texas senator ted cruz said they discussed trump's defense strategy. >> i urged the trump defense lawyers, let's focus on the point i just made, which is that the legal standard in all 16 hours of the house manager's case they spent 15 minutes on the standards. >> reporter: one democrat calling the efforts by the group of gop senators desperate. >> in these two days the house managers have put together a powerful case against this president. >> reporter: in their final arguments the house impeachment
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managers urging senators to hold trump accountable. >> we humbly, humbly ask you to convict president trump for the crime for which he is overwhelmingly guilty of. if we let it go unanswered, who's to say it won't happen again? >> we were invited here. >> reporter: focusing on how many rioters they say were following the former president's direction that day. >> donald trump had sent them there. they truly believed that the whole intrusion was at the president's orders, and we know that because they said so. >> i thought i was following my president. i thought i was following what we were called to do. >> reporter: their presentation including a time line showing how trump embraced violence before he became president. how trump showed no remorse after the attack. >> my speech and my words and my final paragraph, my final
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sentence and everybody to the t thought it was totally appropriate. >> he knew that people died and his message to all of us was that his conduct was totally appropriate. >> reporter: the house prosecutors sending this warning, saying an acquittal for trump is a dangerous risk. >> president trump declared his conduct totally appropriate, so he gets back into office and it happens again, we'll have no one to blame but ourselves. >> reporter: after trump's team concludes their arguments, which could come, like we said, as soon as today, we expect there would be just about four hours of lawmaker questions, perhaps even fewer than that. then if there are no witnesses requested by the house managers, there could be a vote on whether or not to convict trump as soon as tomorrow evening. that's as soon as this trial could wrap up. of course, that's one of the
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shortest impeachment trials for a president in u.s. history. john? >> lauren fox, thank you very much. joining us, john avlon and laura jarrett, anchor of cnn's early start who spent years covering the justice department. laura, three to four hours for defense for a charge of inciting insurrection. why so short? >> because it appears they have some of the jurors on their side. as lauren laid out there, you have three senators not even making an effort to seem impartial, even though they took an oath to protect the constitution, an oath to be impartial. they're strategizing how to get the client off. it's shameful. it shouldn't be surprising. these are the same people who cultivated the big lie with the former president, but it's still remarkable. >> so given that, john, why are we going to go through the charade of a defense? why don't they just wrap right
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now? why don't they say you know how we all feel. the republicans who have not even attempted to be impartial jurors, why are we putting this on? >> i think a three hour defense is equivalent to that. are they going to answer any of the evidence put forward? no. they're going to have a couple of hours of what aboutism and say the evidence doesn't matter and we all know most republicans aren't going to vote to convict. let's call it a day because they don't have a case. i'll just say acting like the oath they took to do impartial justice to the constitution is an open joke is a huge insult to the constitution, the concept of oaths and the senate. the standards need to be enforced. they need to be reinforced. treating this whole thing like kabooki is a big mistake. >> it strikes me that three to four hours might be a long time
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to stage a defense which is basically, give me a t, give me an r, give me a u. >> cheerleading routine? >> yeah. doesn't take long to get through that. laura, i was interested in the p prebuttal from the house managers particularly on the free speech point which, again, the republicans as they often do have framed this as a debate in which there is no legal debate. what do you expect to hear from the former president's defense and why is it as they say, flawed? >> that's right. you see jamie ras kin trying to be a real trial lawyer trying to make the case because he knows what's coming here on the first amendment. at its core it's besides the point because it's always about making sure that private citizens are protected when the government tries to restrict
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their speech. it's about protecting them from abusing their power and that's what this case is about. you'll see them try to say the president didn't intend for any violence. it wasn't reasonably seen because he happened to use the word peaceful but it's not going to cut it. it wouldn't cut it in court and it shouldn't cult it for the jurors here but we know they're baking the case together. we know they're in the room huddled up together all trying to figure out how to piece this together in the best way they can. >> but, john, they're also going to make the case, i believe, that the other side, senator chuck schumer, kamala harris -- >> right. >> -- that they've used heated rhetoric in the past. what's wrong with that argument? >> what aboutism argument. we talked about it. the old kgb technique of deflecting any attack on you by saying what about them? it's literally being enshrined
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in an impeachment trial. the big problem is you remember when the moon rushed chuck schumer, right? no, you didn't because it never happened. all the time that politicians use incendiary rhetoric, the core appeal to their supporters, as donald trump, and we have never in our history had an attack on the capitol by a president's or any politician's support injuries in this way. that's what's different. if you can't figure this out, you're not paying attention. >> that's why it's so compelling showing them, begging them, pleading with him in real time, make it stop. if this is all just fine as the president said, nothing to see here, i did nothing wrong, then why were members of his own party going on twitter? people in his former administration begging him, you were the only one who could make
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it stop. we were invited there by the president of the united states but we also heard from congressman chris christie going on television saying, make it stop. >> they are calling on him trying to reach the president who's ignoring them saying, please, tell them to stop. that is an acknowledgment by republicans in real time that only donald trump could stop this crowd. >> the problem with the defense of the insurrection, it happens to be the insurrection. the insurrection gets in the way a little bit of that defense. we have much more to talk about. don't go far. whatever happens in the u.s. senate, the president's -- former president's legal problems clearly not over. we have new details about the investigation going on in georgia that very well could lead to criminal charges next.
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january 6th was not some unexpected radical break from his normal law abiding and peaceful disposition, this was his state of mind. this was his essential m.o. he knew that egged on by his tweets, his lies, and his promise of a wild time in washington to guarantee his grip on power, his most extreme followers would show up bright and early ready to attack, ready to engage in violence, ready to fight like hell for their hero. >> house impeachment managers wrapping up saying an acquittal will set a terrible precedent. john, i thought they did a very effective job of reminding the jurors how long president trump did invoke violence.
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it wasn't just january 6th, it was in so many of his campaign rallies in 2016. it was in so many of his tweets. he does use violent rhetoric in a way that primed the crowd. if you don't think the crowd was primed for violence that day, why did so many show up in tactical gear? why were they all wearing tactical gear if they didn't expect violence that day? >> they came dressed for war. the message boards made it very clear. it was part of a pattern of incitement and violent rhetoric the president set through the first campaign right through. this was part of his strategy. if you don't believe it, ask yourself this. would the attack on the capitol have occurred if trump wasn't there, if he hadn't been encouraging them to be there, if he didn't give a speech? of course not. every republican senator who votes to acquit is basically endorsing the president's lies, endorsing this rhetoric and violence and they're normalizing what happened. they can come up with all kinds of ornate excuses why this isn't
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true. >> flex coats are the new tambourine. >> ted lu had a line which hung out there. i'm not afraid of the former president running, i'm afraid of the president losing because we see what happens there. laura, i just want to one more time, you've been eloquent about this, the witness thing. i know at this point it's open and shut and republicans don't want it. it will prolong the trial. democrats don't want them because it would get in the way of the biden agenda. i'm just not so sure. i'm not so sure that's the case. if the goal is the historical record, why not get them on record. joe biden has been pushing through the relief plan. >> reporter: if you're going to do it, why not just do it? if you are going to lay out the historical record, what do you have to lose when you call a black officer who repeatedly
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heard the n word or one of the officers who had his eye gouged out. instead i think they feel they made their case through argument and the video is so compelling. their work is done here. i don't see what they lose. if they think they're going to lose the case anyway, why not make their case to the american people and lay out that case for history. >> i think that's such an important point, and i agree. this is the window of opportunity. already more reporting is coming out about trump's state of mind, whether he knew pence was in the capitol under attack when he sent the tweet. what about getting people from the white house. i know there's a risk, but what was the president's state of mind? was he enjoying the attack on the capitol? if so, why? get the record out and make people defend it if they can. >> that's an interesting point. call their bluff.
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call the defense team's bluff. what lindsey graham said if you call one witness it's open pandora's box. >> maybe. >> when you opened pandora's box what you got was the truth. >> john may have outbursts throughout the show. i want to warn the viewers. all of that, john, it sounds like at least one senator, bill cassidy, he it sounds like has listened, believe it or not, to the evidence and that he has been swayed by it. i think we have that sound. listen to what he said yesterday. >> the president continued to say the election was a hoax. the president built that story. how do you defend that? how do you describe that? the people will be telling me that there were rigged machines. >> do you think there might be
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other surprises. cassidy is fulfilling the oath he took. that should be the norm. the senate trying to conspire with defense lawyers should be the aberration. it's a 2/3 bar. never been hit. it's over, shouldn't pay attention, buying into the bs and cynicism. more shoulding looking like cassidy. >> the former president isn't out of trouble. this is just beginning. i want to play new comments from the fulton county district attorney who has announced an investigation that clearly involves the former president. this has to do with but not only the phone call he made to the georgia secretary of state trying to get him to find votes that didn't exist. listen. >> what i know about investigation ss they're kind of like peeling back an onion and
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as you go through each layer you learn different things so, yes, the investigation seems that it will go past just this one phone call. >> laura, the former president's got no protection here in a sense. this is something he's going to have to defend himself from if it goes forward. >> this is where things could get real very fast. also because she's empaneling a grand jury as soon as next month. people have to go in front of the grand jury and tell the truth or risk being charged with personal re. she can call mark meadows, what did trump say on that call with wrath ger and other calls. she's widened her scope for calls with another top elections leader. why was the top prosecutor ousted after the former president claimed to the justice
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department enough wasn't being done on election fraud. she has a host of evidence in front of her and the benefit of a grand jury so people can't squirm out of this. >> and a host of charges. >> john and laura. >> exactly. >> everything up to racketeering. these are going to be serious. >> you're not supposed to have a president or anybody call to try to intimidate someone to find votes. that's mob boss behavior. and lindsey graham -- >> under penalty of perjury is such a big problem. sorry, john, i didn't mean to interrupt. >> no, no, no, no, no. if the senate is going to dismiss its duty to try to find the truth, ultimately the law may catch up with them in one way or another. >> again, the under oath part for all of them having to do with any of this, that's a real issue. >> you start to see people act in their self interests. >> all right. that will be interesting.
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laura, john, thank you both very much. the trump administration and president trump's doctors spent weeks downplaying and misleading the public about the former president's battle with coronavirus, but now we are learning that president trump was much more sick than we initially knew. the brand-new details next. urane for members like kate. a former army medic, made of the flexibility to handle whatever monday has in store and tackle four things at once. so when her car got hit, she didn't worry. she simply filed a claim on her usaa app and said... i got this. usaa insurance is made the way kate needs it - easy. she can even pick her payment plan so it's easy on her budget and her life. usaa. what you're made of, we're made for. usaa. hey malcolm, your podcasts are on audible right? and your new audiobook. with everything from mel robbins to blake griffin, is there a more fascinating place than audible? no. and i've done the research.
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with an additional 200 million vaccines to the end be of july, faster than we expected. that means we're now on track to have enough supply for 300 million americans by the end of july. >> that is president biden announcing the government has purchased enough vaccine supplies to inoculate most americans by mid to late summer. for the first time, more than 2 million americans were vaccinated yesterday. that number keeps on rising. now this comes as cnn has learned that the former president was in much worse shape than previously known. frankly, he was in much worse shape than his doctors told us. they lied to us about his condition. cnn's boris sanchez live in west palm beach, florida, with all of this reporting. boris? >> reporter: good morning, john. yeah, as the former president's attorneys get set to defend him during the senate impeachment trial today, we're learning that donald trump's bout with coronavirus was far more grave
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than the white house and his doctors made public at the time. sources indicate that donald trump had such difficulty breathing that there were discussions about putting him on a ventilator. meantime, "the new york times" is reporting that trump also had lung infiltrates. that's one of the hallmark symptoms of the covid-19 virus, when there's bacteria and substance buildup inside the lungs. further, the times is reporting that trump's oxygen levels went down into the 80s. for context, a blood oxygen level that's in the 90s is considered dangerous. you'll recall at the time journalists asked his doctors about this. dr. sean conley specifically had to tap dance around this issue refusing to answer reporter's questions, or as you noted, outright lying about the president's condition. we're also learning first lady melania trump had a difficult time getting rid of the coronavirus. she was not given some of the more extreme treatments that president trump received, but she did ultimately get over the
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virus with natural remedies. ultimately though this underscores the disconnect between the trump white house and the truth. and the president, again, downplaying this virus, not only to the american public but also with himself. remember, he exposed secret service agents to the virus because he wanted a motorcade, this little parade outside of walter reed medical center so he could wave at his supporters there. >> important to get the truth out there. boris sanchez, thank you very much for that. new this morning, two buffalo police officers who pushed an elderly man to the ground will not face felony charges. they were seen pushing 75-year-old martin gutino to the ground. he fractured his skull in the fall. both officers do remain suspended from the force pending an internal investigation. new developments this morning in brittneyney spears'
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battle. her father went to court to maintain full control of managing her investments. he is still the co-conservator of his daughter's estate. spears has been under this conservatorship since 2008 after she struggled with mental health issues. the legal battle is a subject of a newly released documentary that raises questions about whether the conservatorship is just and fair. fans advocating for britney spears used the hashtag freebritney. now i want to watch the documentary. i'm going to. >> a lot of people are talking about it. it's forcing people to re-evaluate the treatment of britney spears in the media and by a lot of people, by those who surrounded her for decades and decades. real legitimate questions. >> absolutely. much more of a story where it
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seemed like she was losing it and it seems like now there's a full story about what was happening to her. >> a cautionary tale for anyone who wants to be a stage parent or film parent. so the president has weighed in now on his predecessor's impeachment trial. we'll tell you what he said about the prosecutor's case about the prosecutor's case next.nted car vending machines and buying a car 100% online. now we've created a brand-new way for you to sell your car. whether it's a year old or a few years old. we wanna buy your car. so go to carvana and enter your license plate answer a few questions. and our techno wizardry calculates your car's value and gives you a real offer in seconds. when you're ready, we'll come to you, pay you on the spot and pick up your car, that's it. so ditch the old way of selling your car, and say hello to the new way at carvana. who takes care of yourself. so why wait to screen for colon cancer? because when caught in early stages, it's more treatable.
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i was going straight through last night until a little after 9, but i watched some this morning. i think the senate has a very important job to complete, and i think my guess is some minds may have been changed, but i don't know. >> that is president joe biden weighing in on his president's impeachment -- the former president's impeachment trials. joining us, charlie dent and congressman kennedy. i want to start with you most because i promised we weren't going to wake you up early every day of the week. >> i hope you didn't believe that. >> i'm breaking promises left, right and center here. we've been talking about witnesses a little while ago. i'm not satisfied with the answer here. i'm not sure, i'm not convinced that witnesses aren't good for the historical record here in this case. i'm equally not convinced that it isn't necessarily a bad thing for the biden administration. we just heard from the president right there talking about the
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trial. what do you think? do you think it's necessarily bad for the biden agenda if they try to hear witnesses in this case? >> good morning, guys, first off. i think -- i don't think the presence or lack of witnesses in this case is going to be what turns it because every single juror was also a witness. there's no doubt, there's no debate as to what actually happened. that's not actually what these hearings and this process is about. everybody knows exactly what happened. the facts aren't in dispute. it's literally a question as to whether you have republican senators that are willing to try to come up with an argument as to why this process is 100% unconstitutional and, therefore, we don't have to dive into the facts. we don't have to understand the emotion behind what we're seeing because i just have a constitutional duty to ignore it. i don't think any witnesses change that.
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it's heartbreaking to watch and, look, i was on with a couple of my former colleagues who told me that at least one republican senator was in tears yesterday while they were going through those proceedings. >> do we know who that is? do we know who that was? >> what? >> he didn't share but they -- i don't think the factual aspect of this is -- the fact finder's job here is up for question. the question is whether republican senators are going to do the hard part and stick up for their country. >> yet i think they also at least appear to be confused or not able, the republicans, to connect donald trump's rhetoric to the violence. they say that they are not seeing that connection, and what's very peculiar is that in 2016 senators cruz and rubio
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running against trump saw it very clearly. back then they warned the country about donald trump's rhetoric, and i just want to remind people of that. >> when you have a campaign that affirmatively encourages violence, you create an environment that only encourages this sort of nasty discord. >> you have a candidate in donald trump who clearly has used language that appeals to anger and in some instances has actually said to the crowd, let's beat this person up, let's do this, let's do that. there's only one presidential candidate who has violence at their events, and i do think donald needs to realize and take responsibility for the fact that some of the rhetoric he has used has contributed to this. >> they knew it and why don't they see it that way, john? >> i can't speak about that.
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they were right then. donald trump has used incendiary and inflammatory rhetoric that has led to violent outcomes. no more so than during the insurrection. donald trump is being held to account for that. i should also note, too, i agree with john berman when he's talking about witnesses. of course there is. a year ago we had rmt a big debate about whether there should be witnesses at an impeachment trial. again, donald trump needs to be held accountable for this rhetoric. he has been using that inciteful rhetoric since he came down that elevator. now people are shocked? of course we should be holding him accountable. >> what a great guest, charlie dent is. >> you're right. >> i agree with john berman. congressman kennedy, not only am i making you wake up early, but
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i'm going to ask you a big think question here. so on monday, if this all finishes this weekend the way we think it might finish, where is america? what does that tell us about our country and our political institutions. >> it's tougher for the in institutions and i think you're back to seeing polling that's coming out over the course of the week of understanding that connection that as charlie just indicated that republican senators might struggle to make now but they made now, people understood before. i think you'd have to have your head in the sand not to understand it now. i think, as i said before, it's not just donald trump that is on trial this week and being held to account, it is the united states senate as well. and a question as to whether the
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occupants, the holders of those seats are going to be looking to put the health and strength of that democracy and there is argument that says i don't have to engage in the substance of this question. that is the choice they have. they can live in this incredibly consequential moment and to be in that seat to be so -- i hope -- i hope they take. >> congressman kennedy, congressman dent, we appreciate you joining us all week. really, great to have you both on. thank you both very much. new york governor andrew cuomo under fire after one of the top aides admitted to hiding data about nursing home deaths. we have new reporting on this next. more than just vitamin c. it's a unique crafted blend of vitamins, zinc, other minerals, and herbs. take on your day with airborne.
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developing this morning, a top aide to new york governor andrew cuomo is apologizing to state lawmakers after misleading them for months about the number of coronavirus deaths at long-term care facilities. a source tells cnn that secretary melissa derosa said the administration, quote, froze after the department of justice launched a preliminary investigation last summer. after recent pressure from the state's attorney general, it was disclosed that as many as 15,000 people died in nursing homes and other adult care facilities. >> the cdc will release new guidance today on how to safely reopen schools. the biden administration is facing scrutiny for shifting its goalposts on the plan to reopen the majority of schools in the president's first 100 days in office. we have the latest. >> reporter: educators across the country are eagerly waiting for details from the cdc today on how to safely reopen schools
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after promising headlines from its director. >> the data from schools suggest there's very little transmission that is happening within the schools, especially when there's masking and distancing occurring. >> reporter: nearly half the schools are still fully online. among the setbacks, funding and tensions over safety guidelines. the biden administration said funding in the $1.9 trillion stimulus bill will allow more districts to reopen. >> the president believes schools should be reopened. he doesn't want them to be open for a month. that's disruptive for teachers, for students, for families. he wants the proper steps to be taken so that they can reopen and stay open. >> reporter: in los angeles the district superintendant says money for classroom mitigation isn't what's keeping his schools closed but rather, vaccines for staff. >> let's get our teachers, bus workers, vaccinated as soon as
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possible. that gets students back faster. >> reporter: students in san francisco may finally begin returning to the classroom next month after the school board reached a tentative deal with the teacher's union. a similar situation in chicago where after a tense standoff, the city and teachers' union reached an agreement to start welcoming students through eighth grade back into the classroom. the first wave of kids returned thursday. >> we need to do this for our city, for our communities, for our families and most importantly for our children. >> reporter: as of last week, schools in the nation's capitol welcomed back more than 9,000 school students. ohio, maryland, virginia all pushing to bring their students back by next month. >> every kids back in school by march 1. >> hybrid in-person instruction no later than march 1. >> it needs to start by march the 15th. >> reporter: the consequences from the greatest modern day disruption to childhood
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education are already painfully clear. academic performance has dropped nationwide. fewer students are logging into classes while public school enrollment has fallen. a culmination of crises education officials say only can fully be addressed in a classroom. >> i think about the price so many of my grandkids and your kids are going to pay for not having had the chance to finish whatever it was. >> reporter: cnn, new york. >> so many kids missing out on so much right now. so coming up shortly, we will hear from the former president's lawyers in his defense over the impeachment charges of the insurrection at the capitol. we have new reporting on what that defense, such as it is, will be. we made usaa insurance for members like kate. a former army medic, made of the flexibility to handle whatever monday has in store and tackle four things at once.
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the managers showed several pictures of rioters shouting. >> this is what you get when you make a professional product that takes things out of context. >> if we pretend this didn't happen, or worse, if we let it go unanswered, who's to say it won't happen again? >> if this were a little league game, the mercy rule would have been invoked. it was such a powerful argument.
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>> there is no coherent basis for concluding president trump's comments were incitement. >> he knew that egged on by his tweets, his most extreme followers would show up ready to fight like hell for their hero. >> this is "new day" with alisyn camerota and john berman. >> we want to welcome our viewers in the united states and all around the world, this is "new day," friday, february 12th, 6:00 here in new york and today donald trump's lawyers make their defense of him. cnn has learned that his legal team will use only a fraction of their allotted 16 hours. since many republican jurors seem to be distracted or absent from the r5oom, it leaves the impression that their vote is a foregone conclusion. three republican senators, ted cruz, lindsey graham, mike lee who are supposed to be impartial jurors met with trump's defense team during the trial to talk strategy. according to one trump lawyer, those senators are, quote, just very friendly guys, end quote,
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who wanted to make sure the trump team was, quote, familiar with procedure. okay. that does not inspire confidence in the trump legal team or the senators. >> why, because of the claim that ted cruz was a very friendly guy? >> no, because they think they need to tell the lawyers how to do this. >> i was hung up on the very friendly guy part. here's a question for you. what do thailand and terkministan have in common? the answer. the u.s. capitol is in neither. the u.s. capitol that was invaded that led to the death of five men in neither place. why was republican senator rick scott looking at a blank map of asia during the trial yesterday? at one point during yesterday's proceedings cnn observed at least 15 empty seats on the republican side of the chamber. we're going to begin with new information we expect to hear today. cnn's lauren fox live. >> reporter: john,

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