On felony charge, this time for alleged crimes against democracy itself. Good evening in new york. Im Anderson Cooper and jake tapper in washington. And anderson, unlike the first two arraignments in new york and florida, this one was held within view of the crime scene. The u. S. Capitol at a federal courthouse where dozens of members of the violent mob that he incited, he incited hundreds really have already been convicted and sent to prison. The actual proceedings which were led by a Magistrate Judge took 27 minutes. The four counts connected though his attempt to overturn the election that he lost. His next Court Date Set for the 28th in front of the trial judge, tanya chutkan, who is expected to set a trial date. Now a short time later after the sentencing on the tarmac at Reagan National airport, holding an umbrella handed to him by his bodyman and documents case codefendant walt nauta, the he made the following remarks about the nations capitol. This is a very sad day for america, and it was also very sad driving through washington, d. C. And seeing the filth and the decay and all of the broken buildings and walls and the graffiti. This is not the place that i left. Its a very sad thing to see it. When you look at whats happening, this is a persecution of a political opponent. This was never supposed to happen in america. This is the persecution of the person thats leading by very, very substantial numbers in the republican primary, and leading by biden by a lot. So if you cant beat him, you persecute him, or you prosecute him. We cant let this happen in america. Thank you very much, everybody. An interesting idea that there was no graffiti or trash on the ground in washington, d. C. Until after he moved out of the town, anderson. But as you pointed out earlier, when trump left washington on january 20th, 2021, the district was under heightened security out of concern that the inauguration might prompt a repeat of the january 6th riot. Jake, the former president is now back at his golf club in new jersey. Cnns Kaitlan Collins is outside the federal courthouse in washington where she has been covering events all day. Kaitlan, what are you hearing from the president s former aides and allies about how today went . Anderson, it was pretty much as they expected when it came to the actual proceeding, the nuts and bolts of what it looked like once the former president was here and the courthouse behind me. Of course, they expected him to plead not guilty. He actually did it himself here, which is not what he did in miami. Instead, his attorney did it then. He himself said the words when he was in this courthouse behind me. And for the president himself i am told, he is obviously not happy that he had to come here to washington today as he made clear in his remarks there and subsequent remarks that hes made online about the city. But its the idea that he prefer not to have to show up in person. Another reminder of his growing legal troubles that he is facing. He is talking online about how theyre benefitting him politically. But they are weighing on him, anderson. And he had this dejected look on his face as he got out of the motorcade to go back to the airport, to go back to new jersey. And i should note that those remarks you heard there earlier, that was all he said. He did not take any questions from reporters, and thats despite the fact that they have been planning for him to take a few questions from reporters when he got to the airport. Its unclear what changed that plan, but certainly something did. The prosecution wants a speedy trial. It certainly seems clear the defense wants to delay as much as possible, no . Absolutely. There is no doubt they want to delay it. We watched it happen in the documents case in florida. The difference, though, is there is no codefendant to help drag it out. He had a little help with walt nauta getting a Florida Attorney in florida and having delay that by several weeks. Here it just him. He is the only defendant. Those coconspirators who were listed in the indictment have not themselves been indicted. This was probably the most abnormal part of the entire day. The one part that wasnt expected was there was a bit of a dispute between his attorney and the judge talking about the timeline for this trial. She was talking about at the next appearance in just several weeks from now, potentially setting a trial date then. And his attorney was making the point that they wanted to make sure they had enough time. Thats john lauro, who has argued to me that he believes it could take nine months to a year to try this case. Of course this is all going to be up to the judge here who has a very quick timeline typically for these kinds of things. We should point out the former president has already been criticizing the former judge on truth social. There anything about his lawyers will ask him to cut that out, or even if he did, would that matter . It certainly wouldnt matter. He has had attorneys before who have asked him not to attack prosecutors or judges. He is attacking jack smith who he sat 15 feet away from today. I talk to people in his orbit, people who were on liz team, people on this his legal team. Their client is donald trump and there is not really a way to stop him from posting online. You heard the judge today saying not to threaten any witnesses. Pretty standard language, but making sure that was something that was said while the former president was in her courtroom. As we know, there is a massive list of witnesses in this case, including people who worked for him, people who were the closest to him, and people who still work for him, anderson. Kaitlan, thank you so much. Jake . Anderson, thank you so much. With me here tonight cnns senior Law Enforcement analyst andrew mccabe, cnn chief legal analyst laura coates, cnn chief political analyst gloria borger, and special correspondent jamie gangel. Lets start with something i thought was very interesting in the proceedings today, laura coates, which is the judge not only recited the four charges laid out in the indictment, but also the maximum sentence potentially for anybody found guilty, convicted of them. This includes conspiracy to obstruct an official proceeding, which is a maximum of 20 years, obstruction of an official proceeding, maximum of 20 years, conspiracy against rights, meaning his ability or his attempt to take away the Voting Rights or the rights of individuals to have their votes counted. Thats ten years. Thats a maxf 50 years of those k three charges out of four. Is that normal to give all the charges and the maximum sentence . It is standard to provide the defendant with as much notice as possible so they know the full cope of their actual charges. Note of course also she asked him his age. He stated it. If you were to do arithmetic on that, if the maximum were in fact imposed, its really a Life Sentence for this particular individual. 77. 77 years old. But i will say that it is highly unlikely that any of those maximums would normally be reached, although this is a judge who in the course of trying and overseeing Different Cases in the january 6th court proceedings, she has gone above even what prosecutors have recommended. She has been very clear and firm about the gravity assigned to these charges, and these are very serious charges against anyone let alone a former president of the United States. So by providing that notice its a kind of due process. And by the way, its shocking to many people to hear that, but this is the experience of most defendants in courtrooms where they are now confronted with the reality that they are now on the other side of United States versus. And andrew mccabe, there has been a lot of talk today about how donald trump is treated compared to others in the justice system. In other ways he is getting benefits of the doubt that other defendants would not, right . First of all, he was released just on his own recognizance, right . Thats absolutely right. So in the significant ways the fact that he has to appear here in d. C. To be arraign and be informed of these charges and to be processed. All those things are normal procedure that every defendant in a federal criminal matter has to do. But as you mentioned, there are some notable differences here. He has not been subjected to a mug shot in either this case or the case in southern florida, as far as we know. Its questionable as to whether or not he was fingerprinted today as part of his processing. There is an argument to be made well, he is so wellknown, its not necessary to have those identifying that identifying information. But released on your own recognizance when you have the ability to hop on your own 757 at any minute and go pretty much anywhere in the globe you want the go, thats a pretty big extension of courtesy or liberty to this defendant. So no matter how hard the prosecutors in the system try to conform this prosecution to the standard route that all criminal defendants in the Federal System Go through, i think its always going to be slightly different because he is a former president. And gloria, one of the things thats interesting is so theyre pushing forward on this First Amendment defense. Who knows what theyre actually going to do, the Trump Lawyers when it comes down a courtroom. But in the court of public opinion, theyve been talking about a First Amendment defense. Theyre prosecuting him for things he said, and you cant do that, his First Amendment rights. Here is what trumps then Attorney General bill barr, not on january 6th, but in the days and weeks leading up to january 6th told Kaitlan Collins last night when asked about this First Amendment defense. As the indictment says, theyre not attacking his First Amendment right. He can say whatever he wants. He can even lie. He can even tell people that the election was stolen when he knew better. But that does not protect you from entering into a conspiracy. All conspiracies involve speech. And all fraud involve speech. So, you know, free speech doesnt give you the right to engage in a fraudulent conspiracy. Well, there goes that theory. He ripped that apart. Look, he said donald trump can lie. We know that donald trump lies. He can lie all he wants. He can lie to the press. He can lie to his friends. He can lie to people who work for him. But he said thats kind of beside the point. Thats almost irrelevant. I mean, this was, according to the former Attorney General, and he seemed to believe it was laid out pretty clearly, a conspiracy. And if you want to have a conspiracy, you have to conspire with other people. And we all know from looking at this at this indictment pretty closely that there is a big blank here for unindicted coconspirators. Lets hoyld it up so people can see. But you scribbled on here. I did. There is a lot of blank space if you want to put in some new defendants. If they do want to put in coconspirators, well, theyve got theyve got the room for it. What they dont have is the time, and they want to move this case very, very quickly, unlike the president s attorneys who want to delay, delay, delay. But there is an argument that if they had put down all those other rators on a list that it really would have delayed what they want to do which is talk about donald trump. Can i just add one quick thing. That was bill barr, Donald Trumps former Attorney General, who is not only a conservative republican, but he was hardline. He supported donald trump in every way that he could over and over. He was aggressive. During the first during the mueller. The first impeachment, during the mueller investigation, yeah. He only left in december at the end of the term, by the way. For him in effect to obliterate the defense that trumps lawyers are putting out there now, it just it says everything. There is Something Else he said in that interview. He said kaitlan asked about whether i think donald trump could take the stand or bill barr brought up, if he would take the stand. And bill barr made very clear that would not be a good idea. Turkey, have donald trump take the stand . Right. What were seeing here is whether its donald trump or his lawyers or republican elected officials, this is the political court. This is speaking to their base, to their supporters. This is not whats going to go on in the courtroom. But there is a reason for that, right . Right. Because Donald Trumps first primary and most important Legal Defense is to win the presidency in 2024. Thats his Hail Mary Pass for getting out from under both of these federal cases, because if he wins the presidency, he knows both cases go away overnight, if they havent already concluded. Important word, though, federal cases. Because there are other cases and matters including manhattan. There is the decisions made by Fani Willis Out of the Fulton County d. A. s office what they will do, and that would not essentially immunize him from that. But were talking about political speech. As a talk point . This actually means something in the law. It doesnt mean that any time a politician speaks, it becomes political speech that no one can touch. There are some very clear reasons as to why we want to protect and be very mindful of protecting political speech. We do not want people thrown into jail because they went against the king. We remember those well, i dont personally remember, but we remember reading about when history i do. No you do not, jamie gangel. Thinking about all these aspects of it. Notion of political speech essentially means you can certainly address your grievances. You can criticize the government. Youre entitled to your opinion, but not the facts that are converted into action that actually creates criminal liability. Just to point out what bill barr was talking about, there is a point 3 in the indictment where and remember, this is an indictment, this is from a grand jury, right. Thats right. So this is from american citizens, and they give this to the Special Counsel. Im just going to read. The defendant, donald trump, had a right like every american to speak publicly about the election and even to claim falsely that there had been determine tif fraud during the election and he had run. He is also allowed to challenge the results such as seeking recounts or audit of the popular vote in states or fighting lawsuits challenging ballot procedures. Indeed, in many cases the defendant did pursue these methods. His efforts to outcome the outcome in any states were uniformly unsuccessful. So theyre saying, they say right here is the third point, hes not in trouble for lying. Thats right. Lets be very clear about this. The federal Criminal Code has many statutes that Criminal Ize Speech thats not protected. Every fraud requires a statement as part of the crime. So if i call you up, jamie, and lie to you on the phone for the purpose of stealing money from you, thats wire fraud. My lies to you are not protected speech. If i threaten you, gloria, and in return to force you to coerce you to give me something of value, thats extortion. My threat to you is protected speech. Thats not the case theyre making in this indictment. His speech not protected because it is part of a crime. Just to put a period on it, there is a different channel, fox, 787. 5 million they paid to dominion Electronic Voting Systems because of the defamation. Thats right. The defamation that they platformed and made themselves. Some of their hosts against that company. Free speech is a right that we enjoy in this country. It is not an unlimited right, anderson. For air time, House SpeakerKevin Mccarthy spoke on the subject. He falsely equated President Trumps acts after the 2020 election with the losing campaigns of Hillary Clinton and al gore. Take a look. I can say the same thing that Hillary Clinton says about her election that she lost. I can say the same thing about the dnc who said it about the 2016 race. I can say the same thing about those in the Democratic Party from the leadership on down about george bush not winning, that al gore did. But were any of them prosecuted . Were any of them put in jail . When Hillary Clinton said it, Nothing Happened to her. When they said it in georgias election, Nothing Happened to them either. You know what . When the dnc said it . Nothing happened to them either. Speaker mccarthy just a short time ago. Here with me van jones, alyssa farah griffin, Adam Kinzinger and ellie hone nice and karen freedman. What did you think . Oh, my gosh. Watching that, i cant do it. I mean, he knows he knows better. He knows thats complete garbage. And those are just red meat Talking Points thrown to. Even to the base would look at that and say thats not the same thing. It doesnt make an ounce of sense. You can see how angry hes been getting recently when he speaks, kevin. And its very rare for him to get angry when he speak, but he has been doing it more and more. And my guess is this is tearing him up inside. He is mad, not at the people asking the question, he is mad that he has to come up with that lie and stand there and say that. I think marco rubio sweeted even yesterday, because some actors did a video where they were asking the electors in 2016 to vote for Hillary Clinton instead of donald trump. He was equating that. Th