The race against new variants as the president takes steps the reunite families separated by the Trump Administration. Why a congressman said i. C. E. Went Rogue Deporting One of his con sit wents. All in starts right now. Good evening from new york. Im chris hayes. Tonight congress has taken a big step Forward Holding accountable those responsible for the january 6 attack on the capitol. Speaker out house nancy pelosi announced her intent to set up an official investigation into the events of that day. Writing in a letter to democratic caucus, quote, it is clear that we need to establish a 9 11type commission to examine and report upon the facts, causes the security relating to the Terrorist Mob Attack on january 6. Today the senate received the first legal filings for the firstever second impeachment of a president of the United States. The house Impeachment Managers released this 80page trial memo outlining the case against the former president. Theyre clear many what he did and deserves to be convicted writing that the nation will remember and President Trump singular responsibility for that tragedy. It is impossible to imagine the events of january 6th occurring without President Trump creating a powder keg, striking a match and then seeking personal advantage from the havoc. Impeachment managers lay out the effect that trumps words and actions had in the leadup to that crucial date. He spent the weeks proceeding the rally doing everything in Husband Power to persuade the vote could be stolen away. That is, unless they somehow stopped it by making plans to fight like hell and fight to the death against this Act Of War By Radical Left Democrats and the weak rino section of the Republican Party. It was clear that President Trump was urging, approving and celebrating violence. Answering to the president s call to mobilize thousands arrived in washington for the purpose of aggressively championed by the president to do anything necessary to stop the joint Session Of Congress from finalizing the election results. Describing that mobilization of the president s supporters happened in plain sight online. It was widely discussed on websites such as the donald. Win and closely monitored by President Trumps social media operation. These sites hosted hundreds of posts about plans on the attack on the capitol with detailed discussions of weaponry, directions. One poster stated, if congress illegally certifies biden trump would have absolutely no choice but to demand us to Storm Congress and kill beat them up for it. Then when the day arrived the fortunatelier president took the stage to directly incite the crowds. The words said there like if we dont fight like hell you wont have a country anymore and inviting them to go to the capitol are pretty squarely within the definition of incitement. Managers explain those that had come to the rally looking for a signal from the president found it in his remarks. Rather than quell the crowd or promise to carry on the fight over the years to come, the overwhelming thrust of President Trumps remarks, delivered to an armed, angry crowd widely known to be prepared for violence on his behalf was a Mill Taristic demand to fight to stop what was occurring in the capitol at that very moment. Crowd of course went to the capitol. Just as the president directed them to. Invited them. Told them to with weapons and gas masks and bulletproof vests and zip ties where they chanted hang mike pence and proudly proclaimed they were doing President Trumps bidding. One told Police Officers he came as a group of patriots at the request of the president. In Livestream Video from the capitol another declared the president wants us here. We wait and take orders from our president. Key point Impeachment Managers are making here is that it is impossible, impossible to conceive of this event and the chain of event that is led to it without donald trump behaving the way he did. Its on him. Hes at the center of the thing. He is the but for cause for all of it. Donald trump pushed the lie about election fraud, used every tool in the disposal to try to overturn the election. Donald trump kept lying to his supporters and urging them on. Donald trump is the one that convinced them to see january 6th as the last desperate chance and invited them to come to washington, d. C. , told them it would be quote wild and then whipped the crowd into a frenzy. At every stage Impeachment Managers argue President Trumps responsibility for the events of january 6th is unmistakable. Then theres the former president s weak, weird, counter brief from the brand new legal team just 14 pages long starting with the Signature Characteristic of nearly all trump documents a typo. Its weird they keep doing that. The former president s lawyers go on to make the tortured sounded arguments in the very strange construction. Take a listen to this. It is denied the 45th president engaged in insurrection or rebellion against the United States. He is no longer president and articles of impeachment violates the right to free speech. But when it comes to the crux of the issue, right, that the president , former president pushed this lie and sought in public and in private to overturn a democratic election the best his lawyers can muster is this incredible statement for the ages. Insufficient evidence exists upon which a reasonable jurist could conclude the 45th president s statements were accurate or not and he therefore denies they were false. I want to bring in two people well versed. Jill winebanks and a professor of fordham law school, author of the peoples courts. You have been writing specifically about this. Theres lots of weird circolocusions that you would quote in the law. Its a bizarre document to defend the president and particularly on this specific factual claim which it talks around about 720 degrees and never actually comes down on. So it is it seems more like a draft of a brief or an outline of a brief. It is written in a very strange way in i encourage people to look at the two dock ms. One is a lot of facts of law and the other one is the President Trumps brief has a lot of assertions and it is very sir Couple Lo Kushs and it doesnt really have a lot of facts to refute so it doesnt let me identify a key brief in the house brief that doesnt get addressed at all in the president s broof at all. It is the i think a key point is Dereliction Of Duty. Right. This backfires if we criminalize speech and the key difference is two things. This is not a criminal trial. Right . This is a civil proceeding under impeachment but i think its also a different burden of proof. It is not beyond a reasonable doubt. The key question is what did President Trump do after a riot was breaking out and this is where i think the house brief is strong. Yeah. Is that it lays out that Dereliction Of Duty and the president s team, President Trumps team offers no response to those facts. Its such a good point and, jill, one of the most parts of the actions on that day is the reporting we have and facts in the Impeachment Managers brief that while its happening on tv and we are all watching it, people are calling the white house, he is doing nothing. He is not taking steps. Derelict in the duty and the Supreme Court has made clear the First Amendment does not shield Public Officials that occupy positions from adverse actions. And in this case, that seems clearly applicable. It definitely does. This is case where the proximate cause of what happened was remarks on the mall. And his instructions to march to the capitol. But its proceeded by a Meeting On January 5th that we need more evidence about but which seems very, very damning to him. And the funding of the Rally Organizers that we also need more information about and by months of lies about fraud in the election. Both before the election happened he said its going to be rigged and then afterwards he said it was stolen from them. So he set the stage for what could only be determined to be violence, to take back the government that he says had been stolen from his control. And that makes him guilty and no matter what your definition of First Amendment rights are it doesnt include an ability to say go and attack the capitol. Fight like hell. They do address that one fact but they claim that he was saying you have to fight for Election Security yes. That is such a stretch that it is ridiculous. Jim neil from the watergate case, the Senior Lawyer on the trial, used to say its like trying to stuff 50 pounds of garbage into a 5pound bag and thats what this is. There is no excuse for this. The point, the sort of constitutional question is very clear to me that republicans would like to just wriggle out of this On Process Grounds if at all possible. They cant tell you what happened on january 6th. Thats over. It is whatever happened. Jed, the point about the former official, i thought this citation was interesting and seen people say this. When the founders were drafting this that in england the parliament impeached two men in the 18th century, both former officers and clearly understood that impeachment was extended to former officers and then in the u. S. , as well. First this is a very important point that in the federalist papers hamilton says we are drawing this practice from england. Only two impeachments in the 18th century. One was a former official for bribery in 1725. The other happened in the summer of 1787 while they they refer to it and thats warren hastings, the governor of india, part of the background and i the house brief cites a piece i wrote called an Originalist Case for impeaching the president. I am concerned, though, that there it is not just process. There is a stretch of the word incitement i hope the trial is more precise and careful about. Yeah. Incitement is a hard one in any court and in some ways here it is only part of a larger conspiracy but that is the charge as presented. Thank you both. Want to bring in one of the Impeachment Jurors that witnessed the events donald trump is being impeached over. Senator Sheldon Whitehouse of rhode island. How much mental space is this trial occupying . I dont think a great deal. Once the presentations are made they will obviously have our full attention and they should but i think that some of us feel going into this a little bit like we did going into the previous impeachment that a lot of the republicans have already made up their mind, they made a political decision about how this is going to turn out and the evidence and the presentation by the house managers will not change their Point Of View so we have to see. I think theres curiosity given its personal for so many of us and such a humiliation for our country to have the capitol ransacked this way but i think the real effort will begin when the trial begins. In terms of the trial, this was not, you know we do not have a complete factual record. As i sit here talking to you, senator, a Capitol Police officer, officer sicknick, lost his life and you and i both unless i miss something have no idea how he died, at whose hands, what context, what happened, who the perpetrators might be, whether theres, you know, a search for them, whether they have been identified, thats one of the many, many factual holes in the question of what happened that day. I wonder how much you want to learn about that, think the trial is a venue for that. You know, it is the old Map Makers Dilemma of the detail on the segment of the coast and could never finish the map as you dive down into the detail. Here the question is a very broad one. Did the president of the United States acquit the Constitutional Responsibilities when he sent a mob and enflamed mob up to the capitol for the purpose of their disrupting the orderly counting of the electoral votes, a direct assault against an ongoing operation within the Legislation Lattive branch of government and then failing to take any steps for a very long period of time to stop it and according to information from the white house actually delighting in the prospect that he created this tumult and this turmoil. So thats a Pretty Simple question. Was he acting the way a president of the United States should act . Or was he violating separation of powers, inciting a riot and failing to discharge the duties to defend and protect the constitution . You dont have to know who hit officer sicknick in the head to know that donald trump failed at those duties. Yeah. Your understanding of the constitutional responsibility here is a point well taken. My journalistic instinct to know as much as we can about this and which is striking to me that we still dont. You said that most of your colleagues probably made up their mind or made a political decision to made up their mind. I do wonder how much the personal experience of it matters. Well see. Well see. I think the house if its opening pleading is any indication it is going to put on a strong case and it is going to bring back memories and it is going to make people i think perhaps give a fresh thought to the politically comfortable position they may be in. A lot of my colleagues are honorable people. I think theyre in a political pickle on this one. By the way, the things you point out we should figure that out. We should know a lot about the role of the colleagues through house and senate investigations. So im with you on making sure that at the end of the day we have a full understanding of the criminal activity that took place on january 6th. Senator Sheldon Whitehouse, thank you so much, sir. Thank you. Coming up, dr. Fauci on the race to vaccinate the country and the ongoing risks from the virus as it mutates. Dr. Fauci joins me live next. Dont go anywhere. Visionworks. See the difference. Incomparable design makes it beautiful. State of the art technology, makes it brilliant. The visionary lexus nx. Lease the 2021 nx 300 for 359 a month for thirty six months. Experience amazing at your lexus dealer. Want to save hundreds on your wireless bill . With Xfinity Mobile you can. How about saving hundreds on the new Samsung Galaxy s21 ultra 5g . You can do that too. All on the most reliable network. Sure thing and with fast nationwide 5g included at no extra cost. Weve got you covered. So join the carrier rated 1 in customer satisfaction. And get a new Samsung Galaxy starting at 17 a month. Learn more at xfinitymobile. Com or visit your local xfinity store today. We have seen some encouraging trends of late coming the virus. Covid cases and hospitalizations have fallen in most states, falling nationally in the past few days. So thats good. We appear to be on the other side of that latest third wave, by far the worst. Also vaccine news continues to be a bright spot. Todays russias twoshot vaccine is shown to be highly effective. Published in the medical journal, so another vaccine on the case globally and the New York Times reports, get this, out of the roughly 75,000 people who have received 1 of the 5 vaccines in a research trial, not a Single Person died from covid and only a few people appear to have been hospitalized. Good news. But ive reported on good news here before and followed by bad news always so we are not in the clear. Joining me now is dr. Anthony fauci. Great to have you back on, dr. Fauci. Lets talk about vaccine efficacy. We have talked a lot about the National Picture here but sputnik is a reminder that the whole worlds fighting this. Does it matter to americans that other places get vaccinated and get vaccination programs up . Absolutely. Thats why its really very good news about the success of the russian trial which showed more than a 90 efficacy. Thats what you want. You want to get the virus suppressed throughout the world because when youre dealing with a pandemic if theres a good degree of infection and spread in any part of the world its always a threat to where you are. So if you really want to crush a pandemic, its got to be a global effort. Its only very important to be successful and as you showed the curve of the infections going down hopefully as we get more and more people vaccinated the level of infection in our own country will get lower and lower until it really is not a threat. But if we do that in a vacuum, without the rest of the world also suppressing the virus, it will be a continual Threat Hanging over us so its very important that the rest of the w