tv Special Report With Bret Baier FOX News February 12, 2021 3:00pm-4:00pm PST
for children's national hospital. you can look at auction items with a 20 minute zoom call with me. number 147. bid on it. >> all right. that's it for us. have a great weekend. >> bret: i remember bret baier. breaking news. 3 big stories. the cdc released new guidance to get kids back to school but are not mandating schools reopen. new york governor andrew cuomo is taking serious heat from both parties over nursing home deaths after words from his aid show a plan to withhold data. we begin with the defense of president trump. we are in the question and answer period. trump's defense team starting and finishing their argument today in a little over 3 hours.
saying the president was entitled to dispute the 2020 election and the lawyers use democrats own words against them of telling people to fight or encouraging protests the streets after violence erupted in several u.s. cities. the lawyers argued that was similar to the language president biden used on january 6. chad pergram has a look at this. >> incitement of insurrection is the lone article of impeachment. this lawyer said it's not connected to his client. >> the fact that the attacks were premeditated demonstrates how ludicrous this incitement allegation is against the president. you can't incite what was already going to happen.
>> the democratic impeachment managers disputed that. >> you tell someone that an election victory was stolen from them that's combustible. >> images from of the capitol under seeing were the hall hark from house managers so the republicans showed democrats remarks. >> i thought he should punch him in the face. >> i would take him behind the gym in high school. >> if you were struck in an elevator with mike pence, jeff sessions or president trump who would it be? >> does one have to come out alive. >> the defense attorneys focussed on one word in particular: fight. >> we just have to fight.
>> this is a fight for our country. >> fighting the health crisis of covid. >> i led the fight and continue fight. never give up this fight. >> suddenly the word fight is off-limits? spare us the hypocrisy and false indignation. it's a term used over and over again by politicians on both sides of the aisle. >> the defense rested. they pose questions on cards like these. the defense will decide if there should be witnesses. final arguments tomorrow so a vote to acquit or convict late saturday. >> bret: a few questions went back to what the president knew and what he was doing about the vice-president be evacuated.
we didn't get an answer. the response by the trump's attorney was the house did not let us investigation. >> that's one of the issues here. the process part that the republican counsel said they didn't have depositions or hearings or witnesses. that's something that was brought up in the house managers case, but they didn't go into that. that's an unanswered question. there are news reports about what pence was doing and the security of the nuclear football. >> bret: and where they have witnesses will be a vote to come. now to the cdc recommendations on how to get kids back inside schools. white house correspondent peter doocy on the north lawn. >> the white house's friday after 5 p.m. news dump is president biden wants all states
to follow cdc guidance for opening schools. it does not mandate opening them. he points out that following these new steps will cost money, but congress still has to cut a check. >> the need to help states economically with unemployment to being able to make sure they are able to get kids back in school. >> teachers don't need to be vaccinated according to guidance from the cdc. >> we believe that schools can be reopened safely prior to all teachers being vaccinated. >> the cdc suggests teachers should be prioritized for the vaccine. the districts should be broken up and students should social distancing. >> schools can full instruction
with masks. >> the white house hasn't promised to follow these guidelines. >> the cdc guidelines will be the guide through which we work with policy teams. >> the democrats trying out a covid-19 relief bill still want a $15 minimum wage but some democrats are not supportive of that. >> as part of the white house push to send state and local government covid relief one leader president biden hosted took heat for undercounting covid deaths in nursing homes. >> governor andrew cuomo. >> the president hosted the governors today not to give anyone a stamp of approval.
>> throughout the pandemic cuomo has had a fan. >> new york governor's andrew cuomo conferences show leadership. >> president biden shared a drink with a reporter. >> i will bring the doughnuts next friday if you come back. >> [laughing]. i apologize. come on. >> i will get in trouble. >> i give you my word. >> thank you. >> and less than 10 minutes ago marine 1 took president biden to camp david on the weekend. all he said was have a good valentine's day weekend. that's the theme of the day. the first lady laid hearts out on the north lawn. she said she wanted to bring people joy. the president said he thought the press might think the hearts
are for them. >> bret: we didn't think you did it. peter doocy. thanks. anger is mounting on both sides of the aisle after new york's democratic governor andrew cuomo's top aide told lawmakers his administration took months to release data on the death toll of nursing home residents because they were afraid it will be used against them. laura has details. >> i called for governor's cuomo resignation. >> bipartisan outrage after details of a private video conference call between new york governor andrew cuomo secretary and state legislators went public. she appears to admit the cuomo administration with held the true number of covid-19 deaths
in nursing home. >> this looks like criminal behavior. >> the associated press showed that more than 9,000 recovering covid patients in new york were releaseed into nursing home under a directive by the governor which forced nursing homes to take 6 patients in. >> we need to understand how the government failed us. >> cuomo said this. >> we are below the national average in number of deaths in nursing home. who cares? died in the hospital, died in the nursing home. they tied. >> a partial transcript of the conference calls shows her trying to explain why they didn't release the data to state
lawmakers when they asked for it in august 2020 and focussed on the federal request first. quote: more than 15,000 people died in nursing homes which is over 6,000 more deaths than previously released by the state prior to the attorney general's report. after months of praise from media outlets on cuomo's initial handling of the pandemic. >> did you realize what an impact your calm and cool delivery had across the country during the initial lockdown? >> many are questioning just how much more positive coverage he will get moving forward as state republicans renewed their call for an investigation and are asking for cuomo's resignation.
>> this afternoon 14 democratic new york state senators joined republicans in calling for governor cuomo's pandemic emergency powers to be rescinded. >> bret: thank you. a white house deputy press secretary was suspended for threatening a female reporter after president biden promised a zero tolerance policy on inauguration day. howard is following this story. >> the white house decision to suspend the deputy press secretary after a relationship with a reporter. she covered joe biden's campaign and he was biden's national press secretary. >> the vice-president was not against the travel pan. >>axios is backing her saying with they started dating in
november, she was switched from the biden team and also vice-president kamala harris. when politico called the white house about the conflict of interest. duckwell is battling cancer. we wanted to do it the right way but called a political reporter and chewed her out for asking about his private life. >> he was more vicious than we typically see. this story was memory holed by the entire media. >> that violated an early warning from president biden. >> if you are working with me and i hear you treat another colleague with disrespect i will fire you on the spot.
>> the press secretary jen psaki said. >> this is not the standard of behavior set by the president nor by me. in addition to his apology he sent the reporter a personal note. >> it's hard to understand why he would bar her from covering biden but not biden's vice-president. >> bret: thanks. new details about the lincoln project. a political action committee founded to prevent the reelection of president trump with claims of sexual harassment by john weaver. >> 6 former employees of the lincoln project are calling on the group to waive nondisclosure agreements.
saying they have information to answer questions in public interest. the lincoln project was critical of former president trump. quote: the trump wall will break and open up vast avenues for reporting. this comes on the scandal surrounding john weaver who was accused of sexually harassing young men. the organization was informed of 10 allegations against weaver. last month when reports first surfaced, the lincoln project insisted the oars was shocked. -- the organization was shocked. they are facing fire for publishing private message on twitter between a journalist and a former lincoln project co-founder sharing grievances
against the group. the group took the messages down after former project member conway tweeted that it violated federal law. trump allies it's just chickens coming home to roost. >> this is the problem when you build your brand around political purity. >> some media critics point out that mainstream news is ignoring the story. >> not once was the weaver information broached? >> of the 90 million dollars the lincoln project raised so far, over $50-million has been paid out to firms controlled by the group's leader. we are learning that two people were interviewed by the fbi about john weaver but the boro is not confirming if they will
do an official investigation into allegations against him. >> bret: we expect a dinner hour at the senate. the question and answers continue. let's go to the floor. this is congressman castro one of the house managers answering a question from senators. let's listen in. >> if we are and if we don't set a precedent against it, more presidents will do this in the future. this will be a green light for them to engage in that kind of pressure and conduct. this could have gone a very different way if those election officials have bowed to the intimidation and the pressure of the president of the united states. it would have meant instead of the american people deciding this election, president trump alone would have decided this american election. that's exactly what was at stake. that's exactly what he was
trying to do. he intended and tried to overturn the election by any means necessary. he tried everything else he could to do to win. he started inciting the crowd. issuing tweet after tweet and issuing commands to stop the count. stop the steal. worked up the crowd. said to save the date. it wasn't just one speech or one thing. he was trying everything. he was pressuring elected officials. he was riling up his base telling them the election had been stolen from them and from him. it was a combination of things that only donald trump could have done. and for us to believe otherwise, is to think that somehow a rabbit came out of a hat and this mob showed up on their own,
all by themselves. this is dangerous, senators. the future of our democracy truly rests in your hands. >> [silence]. >> mr. president, the senator from texas. >> i send a question to the desk. >> [silence]. >> the senator from texas mr. cornyn has a question for both counsel from the former president and the house manager. the clerk will read the question
and will recognize the counsel for the former president. >> the house managers argued that if the senate can't convict former offices, then the constitution creates a january exception. pursuant to which the president is free to act with impunity because he is not subject to impeachment, conviction and removal and/or disqualification. isn't a president subject to criminal prosecution after he leaves office for act commited in office even if those act are commited in january? >> the senator from texas question raises a very important
point. there is no such thing as a january exception to impeachment. there is only the text of the constitution which makes very clear that a former president is subject to criminal sanction after his presidency for any illegal act he commits. there is no january exception to impeachment. there is simply a way we treat high crimes and misdemeanors. allegedly committed by a president in office and how we treat criminal behavior by a private citizen when they are not in office. >> [silence]. >> house managers. >> thanks for this excellent question. wouldn't a president who decides to commit his crimes in the last few weeks in office, like
president trump by inciting the insurrection against the counting of electoral college votes be subject to prosecution by the department of justice? of course he would be. that's true of the president regardless of when he commits his offenses in office. that's an argument if he tried to stage an insurrection in his second or third year of office. the reason the framers gave congress the power to impeach and the senate to convict and remove and disqualify was to protect the republic. it's not a vindictive power. we don't come here in anger. we come here in the spirit of
protecting our republic. that's what it's all about. their january exception would invite presidency and other civil offices to run rampant in the last few weeks in office on the theory that the house and the senate would not be able to get it together in time according to their demands for months of investigation, wouldn't get it together in time in order to vindicate the constitution. that can't be right. we know that the peaceful transfer of power is always the most dangerous moments for democracies around the world. talk to the diplomats. talk to the historians. that's a moment of danger. that's when you get the coups and the insurrections and the sedittious plots. you don't have to look around the world. it just happened to us. the moment when we were going to
collect the certified the electoral college votes from each state, a popular majority in the states. we were about to certify it and we got hit by a violent insurrection mob. don't take our word for it. listen to the tapes unless they claim those are fabricated. the people are yelling this is our house now. we are the blank -- >> your time is up. >> thank you. >> majority leader. >> mr. president, it's my understanding there are no further questions on either side? >> the republican leader? >> that's correct. >> i ask consent that the time for questions and answers be considered expired. >> so ordered. >> mr. president, i ask consent
that it be in order for myself and senator mcconnell to speak for up to 1 minute each and in order for me to make a unanimous consent for in the legislative session. >> so ordered. >> i will ask the senate to pass legislation that would award capitol police officers goldman the congressional gold medal. in the weeks after the attack on january 6, the world learned about the incredible bravy of officer good man on that day. here in in trail we saw new, powerful video showing calmness under pressure. his courage in the line of duty. his foresight in the middle of chaos and his willingness to make himself a target of the mob's rage so that others might reach safety.
honor congress can bestow. before we move to pass this legislation, i want to be clear he was want alone that day. the nation saw and has now seen numerous exacts of the heroic of the capitol police and the metropolitan police and the swat teams that protected us. our gratitude extend to each and every one of them now as members of the force continue to bear scars. seen and unforeseen, from the events of that disgraceful day. let us give them all the honor and recognition they so justly deserve. >> [applauding]
>> mr. president. >> the republican leader. >> january 6 was a day of fear for those who work here in the capitol. and of sadness for many more watching from afar. that awful day introduced our nation to a group of heroes whom we in congress were proud to call our colleagues and to whom we owe a great debt. in the face of lawlessness, the lives of the u.s. capitol lived out the fullest sense of their oaths. if not for the quick thinking and bravery of officer goodman, people in this chamber may not
have escaped unharmed. his actions reflect a personal commitment to duty. i am proud the senator is recognizing his heroism with the highest honor we can bestow. >> [applauding] >> mr. president, in legislative session, i ask unanimous consent that the committee on banking, housing and urban affairs be discharged from further consideration of s-35 and the senate proceed. >> bret: the senate wrapping up the question and answer period of the impeachment trial. both the minority and majority
leaders praising the capitol police officers. there is a lot of partisanship in washington but on this pure bipartisan giving praise to the capitol police officers and one losing his life on january 6. let's bring in the panel. harold ford, junior, molly hemmingway, and trey gowdy. trey, it's a great way to wrap-around up this day. it was back and forth all day.w up this day. it was back and forth all day. let's rewind to the defense of
the form are president? >> it was better than it started off. they put political speech on trial. if you want to sanction donald trump's speech on january 6 we will show you a lot of other political speech you need to sanction. i thought that was the wrong impeachment article. i said that weeks ago. the questions from the senators are proving ha. the senators want to know what was the president's reaction. they will never know because the house managers did not interview anyone. they won't call any witnesses and they didn't depose anyone. what was the president's reaction response? what did he know and when? we will never know because the prosecutors didn't do their jobs. >> bret: molly, the house managers said you could know. we wanted the former president to testify. you said no. we would like witnesses. there will be a vote on that.
they say the information is in their court and not the house managers. your response? >> if they wanted that information they could have investigated in the house and by the time it made it to the senate when there are questions about whether it's constitution to hold this trial, everyone understands this is a political operation. i thought donald trump's defense attorneys did an amazing job today not just defending their client against the article of impeachment but putting everybody on trial showing that the rhetoric of so many democratic senators whose comments were far worse than what was said about president trump including kamala harris. not just the rhetoric of
violence but the refusal to accept election results. they talked about the word fight and kamala harris said it 69 times in the clip. it was something for the american people to think about. whether this was a political operation. it blew up in the democrats faces. >> bret: harold, the house impeachment managers pointed up to what led up to january 6. there was a question from senator ted cruz to the trump legal team that dealt with the bar that has to be crossed as far as convicting on this one count. listen to that answer. >> the speech has to be implicitly encouraging the use of violence. it has to be in the words and clearly it's not. that's step 1. they don't get past it. two the speaker intends that his speech will result in use of
violence. from is no evidence of that and it's ludicrous to believe that would be true. third, the imminent use of violence or lawless actions likely to result in speech. that needs to be applied here. >> bret: they suggest that the house managers are doing a interpretation of the law. that's an interesting and probably their best argument for the trump legal team. >> perhaps. i agree with what was said about both panels, politics is dominating the day. i had a set of notes to watch. watching the entire thing. giving that officer an ovation. mitch mcconnell used the word duty. it will be interesting to see how many senators understand their duty. that police officers could have gone the other way and said my
life is at stake. i have kids and a family and those who depend on me. he put his life in danger for those men and women. the question, whether it was asked or not, every american knows what they were doing on january 6 and remembers after watching this trial what donald trump did not do on that day. if you are a u.s. senator and you can sit with that on your heart and conscience, making your votes, we as people who care about the country, if you can rest with that, bless you. it will be interesting to see how those senators reconcile that with how they end up voting in this matter. >> bret: trey gowdy, the trump legal team is giving republicans that thing to hang this on which is process and not due process in the house and the fact that you are on one incitement count not reaching that bar.
if they charged dereliction of duty for not protecting the capitol or something else that might be a different story. is that fair? >> well, it is fair. that's what the republican senators -- i have talked to them all week. they wanted the trump defense to give them something they can argue. there is no danger on the conviction. anybody on the edge of their seat wondering whether or not he will be convicted. lean back. he won't be. it's about 2022 and 2024. we will never know what the president knew and when he knew it because they didn't prove it. >> bret: both parties said the actions of january 6 were heinous. panel, we will bring you back want we want to talk about the new york governor in a bit. coming up the battle at the border as the biden administration says it will
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if your constipation and belly pain keeps coming back, tell your doctor and say yesss! to linzess. >> ♪ ♪ >> bret: starting next week thousands of asylum seekers that are waiting in mexico will be let into the u.s. to await court hearings here. jonathan look as the latest immigration policy change from los angeles. >> this reverses the trump era remain in mexico policy which was criticized by activists as endangering migrants and encouraging them to find more dangerous ways to cross: as evidence in this 911 call monday from illegal immigrants when were trapped in a truck. >> [shouting]. >> on february 19, citing
safety, the biden administration will process up to 300 asylum seekers a day. testing them for covid-19. if they are negative, allowing them into the united states to await their next hearings. officials say the process will be carefully managed to prevent a surge of migrants crossing the border. >> it's very important for them to understand that they must wait. they must give us the opportunity to address their claims. >> but with some 25,000 asylum seekers with active cases already at the border, some republicans say the president's decision is the wrong move at the wrong time and will simply encourage many more would be asylum seekers to flood the border as well as encouraging dangerous illegal immigrants. >> what biden is saying is it's not illegal to come into the country illegally.
he brought back catch and release. >> this is one more significant change to immigration policy which sets the stage for president biden's sweeping immigration plan which is due to land on capitol hill next week. >> bret: a positive day on wall street with record highs across the board. the dow gained 28. the s&p 18 and the nasdaq up 70. the panel rejoins me next to discuss new york democratic governor andrew cuomo's controversy about nursing home and covid and the guidelines from the cdc on reopening schools and winners and losers. [laugh] dad i got a job! i'm moving out. [laugh] dream sequence ending no! in three, no!
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new york state only 28%. we are below the national average in number of deaths in nursing homes. who cares? 33, 28 died in a hospital. died in a nursing home. they died. >> bret: new york governor andrew cuomo talking about those who died in nursing homes. number much greater than origin really reported. 9,000 taken from hospitals and put into nursing homes and an aide said they held back that data because they didn't want to get in double by the doj. back with our panel. molly, harold and trey. molly, the story keeps expanding. there are calls on both sides of the aisle for something to happen on this front. >> you can look around the world and see that the coronavirus is difficult to handle.
but, the situation with cuomo is that he made bad policy decisions that affected the most vulnerable and there was obstruction of that information being known. this is scandalous. the media praised him putting him out there as one of the best governors terror handling this. -- for handling this. they should have been more critical. >> bret: it's slow still after revelations as far as media coverage. harold your thoughts on governor cuomo's legacy? >> the reporting is disturbing and should be investigated. transparency in the middle of a crisis is a must each if the information is bad. a crisis of trust in the country. people are suffering. if this is true, this will strain that and further cause that trust that we need so badly
between people and our government to go down even further. >> bret: trey? >> yes, he lied about the covid death numbers. the truth was embarrassing for him. biden said he wants to unify the country and be the president for everyone. start with people who died in nursing homes and their families in new york. get your doj involved. that's a big task. just start with the people who died in nursing homes in new york, mr. president. >> bret: today we heard from the cdc official guidelines about re-opening schools. take a listen. >> the president's goal is to have schools open 5 days a week with students and teachers and do it safely. >> the cdc is not mandating that schools reopen. this provides schools a long needed road map how to do so
safely under different levels of covid in the community. >> bret: cdc said teachers can go back with vaccinations. these are the official guidelines today saying schools can make that decision, molly. >> schools have never needed to be closed. we are approaching a year of them being closed. private schools have largely been open. it's the teachers unions keeping them closed and the cdc is not helping. their guidance is contradictory. i have school age children. the guidance from the cdc it's impossible to reconcile their guidelines with others. this guidance suffers from that same problem. teachers unions don't want to open, not having clear guidance
from the cdc is a major problem. >> bret: harold, should the president take the reins and say to school districts do everything you can to open? >> well, i think that's what he is kind of saying. let's step back a moment. this president when he was a candidate talked about the importance and the power of science to fight fear. the cdc is laying out guidelines to reopen schools. i am an advocate for only if it's safe. we talked about the need for vaccines and better ventilation. the cdc is saying we need testing and better ventilation and vaccinations are not a prerequisite. i hope this president will say for school district across the country they can go back to school safely but take into account what is happening in our own community.
bret they said they need more money. we have not had an accounting on what happened to the last bunch of money. winners and losers. trey, you start winner and then loser? >> winner cops. they run towards danger. all the rest of us including u.s. senators have the privilege of running away from it. loser the lincoln project. a group of republican grifters who can never find a republican they like. they attack republicans and they defend people who do really, really terrible things. >> bret: molly? >> my winner is tom braid -- brady who had that amazing super bowl game and had a wonderful time celebrating. my loser is tj ducklow. the biden press aide who used
vile language against a reporter. even though biden said when he took office he would tolerate something from his staff. he gets a week off but keeps his job. >> bret: harold? >> congressman jamie raskin is the winner. a man who lost his son only to come back to perform his dutiesy. and the loser is a group of people. i am curious why they did this. 15 republican senators who chose not to show up for the trial yesterday. bad message sent to the country when you have a duty. you have a job to do. >> bret: panel, thank you very much. make it a great weekend. complete coverage of the impeachment trial and the votes coming up over the weekend and what comes next. when we come back it's friday so it's notable quotables.
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>> bret: it's friday so notable quotables. >> president trump put a target on their backs and his mob broke into the capitol to hunt them down! >> oh, nancy, where are you? >> you know what she said. she said, dad, i don't want to come back to the capitol. [voice breaking]. >> how do you remove someone from office who already left? >> if my colleagues on this side of the chamber think that president trump committed a criminal offense, after he is out of office arrest him. >> first reaction from president trump. he is not happy. >> he is telling agents to stand down. >> the level of virus is so low, then at that point you can think in terms of not having to wear
a mask. >> they will eat our lunch. >> that means some teaching in class rooms. at least 1 day a week. hopefully more. >> we have been waiting a long time for this. >> i am not a cat. i can't get rid of this filter. >> are you okay? >> i am. >> you are upside down. >> this is weird. i have to get out of here before i get if trouble. >> bret: [laughing]. this weekend chris wallace speaks with lindsey graham and amy klobuchar from minnesota. we have an all star panel event. it's for children's national and it's streaming on fox nation. a great panel there. you see all of the stars. we are raising money for
children's national. that's it for this "special report." fair, balanced and still unafraid. "fox news primetime" hosted by mark steyn starts now. >> best of luck with that children's national thing. i hope it goes gang busters for you. >> there is a silent auction right now. >> it's great stuff. you can get a 20 minute zoom call can shannon bream and the consolation prize is with brian. you don't want that one. have a great weekend. bret. good evening. welcome to "fox news primetime." i am mark steyn. in the 60 minutes tammy