tonight sources saying several trump cabinet secretaries have informally discussed invoking the 25th amendment to forcibly remove the president less than two weeks before his term ends. but saying vice president mike pence is highly unlikely to pursue that path. and there are growing calls among democrats and some republicans to remove the president from office after he incited the deadly insurrection on capitol hill. tonight trump saying he condemns the rioting even though he encourages his supports to take action against lawmakers. and the u.s. reporting a record high number of covid-19 deaths today, over 4,000. a stunning number. this country is facing a huge crisis, and we need real leadership right now.

joining me now to discuss, cnn's white house correspondent john hardwood and former obama jeern adviser david axelrod. john, we are learning betsy devos the latest to resign after trump inciting people to storm the capitol. if they're concerned, why not stay and do something about it? >> i think that's probably true for national security officials more narrowly since national security seems to be the greatest potential danger that trump would pose. i don't think he can do much damage at the vacant education secretary's position. but i think that the effect of the resignations -- elaine chao as transportation secretary and betsy devos is of a piece with a discussion to the 25th amendment and the calls for trump's impeachment and removal from office. i don't think those things are going to happen, but i think the

collective weight of all of that discussion, with all the resignations within the white house, the cabinet, the clear escalation of the talk that he must be removed, that is obviously made an impression on him. donald trump was playing around with firecrackers that he recognizes that he blew a couple of his fingers off, and i think the fact that that happened has chastened him. he put out this video statement tonight conceding he's not going to be president after january 20th. that was a positive step, a step forward for the country. now, with 13 days -- or now 12 days left in his presidency, he's certainly capable of switching gears and doing something whacky tomorrow, but i think as we end this day that is a positive step forward. >> and that video, as you mentioned, he's rewriting his response to the riots. >> of course.

>> calling the national guard, he said he did it immediately. that's not true. gloria borger reporting some individuals in the administration trying to constrain the president without invoking the 25th amendment. so is he going to get a pass on this? he's a no consequences president? >> we'll see. there may be legal consequences and we'll see about that. but, you know, just as a practical matter, the invocation of the 25th amendment seems really remote as john suggested. and the more these cabinet members resign, i think the more remote it becomes. but apparently pence doesn't have an appetite for that. anding and congress may -- i think there will be a big move in congress. they want to impeach the president. they want to impeach him and the senate is going to take it up and he's going to be convicted in the next 13 days is unlikely. and biden doesn't apparently have a great appetite for this

either. i understand that, because it would be very inflammatory, and it would detract from what biden wants to be talking about, which is his transition, where he's going to lead the country, and so on. and he doesn't want to put another log on this fire. so, don, i understand the spirit of your question, but right now, the question is what's best for the country? and what's best for the country is to quiet donald trump down and pack him up and get him out of the white house and move on to the next administration. >> mm-hmm. so, john, trump's former chief of staff, general john kelly says the cabinet should consider removal. this is what he told jake earlier. >> the behavior yesterday and the weeks and months before that has just been outrageous from the president and what happened on capitol hill yesterday was a direct result of his poisoning the minds of people with the lies and the frauds. >> poisoning minds with lies --

the mother of a trump supporter who was killed yesterday that she was passionate enough to die for what she believed in. unfortunately, these were lies, john. >> absolutely they were lies. and a lot of people bear responsibility for the circumstanlation of those lies, donald trump first among them. but also many of the voices in conservative immediate that voiced this. scott jennings, you were talking with, in the congress who have been fueling this, more than 100 house members voting for these ridiculous objections, which are grounding in nothing, they were going nowhere. josh hawley and ted cruz in the senate advancing those and setting the stage for what happened when people rushed the capitol yesterday. it's quite clear that people like john kelly, jim mattis,

john bolton, have said quietly or very loudly that they believe donald trump is unfit for office, but as john bolton's been saying over the last 24 hours the key question is now, how do you get out of this situation without making it worse? i think david said pack him up and get him out. that's a good way of putting it. john bolton said get him to a golf course and let him play golf for the next 12 days. get him out of a place where he could do harm to the country. i think if donald trump left the white house, went to mar-a-lago, played golf for 12 days and joe biden could come have a relatively peaceful inauguration, take over with control of the house and senate, he would be delighted if that happened and nothing else. i think the maximum that's likely to happen from any of these other things like 25th amendment or in the meantime, you could see the democrats in the house vote to impeach him.

i don't think that's necessarily likely, but that could happen next week. he's not going to be convicted in the senate. you don't have enough time for that. you would need 100 senators. i think a quiet and low profile is better than anything in the situation. >> trump still has the nuclear codes for the next 13 days. but general kelly says he can give all kind of orders but no one around him is going to break the law. are you that confident? >> i am, i think. i think everyone understands the situation here. they're trying to manage the president. the military in particular and all of these defense secretaries speaking when they did was a very strong message. i think kelly and mattis speaking is a strong message. i think people do understand what the score is here. i want to go back to something john said at the beginning. it was meaningful the

president -- he delivered that video tonight with all the sincerity of a hostage tape. but nonetheless he did it and read the words that were written for him, which tells me that he does realize all these people and all these people coming out and condemning him, who he thought were friends and allies or had been in the past -- and the threat of a potential incitement charges, i think he knows he got out over his skis and may have been shocked into at least some withdrawal from the jagged edge on which he was -- over which he was leaning here. so i think that it's a situation that needs to be managed in the next 13 days, and i think that's what's going to happen. >> john, david, thank you very much. appreciate it. i want to bring in former nixon white house counsel john dean. thank you.

prosecutors say they're looking into president trump, the role he played in inciting the rioters. should he face charges? >> well, i don't think he should get a pass. i don't know if he can be charged directly for inciting it. it's kind of vague. it was a -- he's very good and very clever with this sort of thing of giving orders that his followers and employees understand, but he is on the safe side with his language. now, i think some of the other pe people around him were much more blatant in trying to incite. looking at rudy and his sons, they may be more defines in those statements they gave the crowd. >> every time i see this video i cannot believe these crazy people. "the new york times" is reporting that white house counsel pat cipollone warned the president he could be at risk. he always seemed to be able to

avoid accountability. you say you think he's safe with his language, but the question is, is he going to be able to avoid accountability this time? is this time different? >> well, i think that the house is going to take some action against him. i think they would like to impeach him again. and while it may not reach a trial in the senate, you got to remember, don, we're also into the new congress. we're into the 117th congress. so while the democrats don't control the senate yet -- they won't until the two races in georgia are certified, which will happen somewhere between january 15th and january 22nd -- there won't be a -- the house can move with considerable speed on impeachment, and they may well -- i think they could do it. and might well do it, too. >> yeah. all right. thank you, john. i appreciate it. >> thank you, don. a lot of people pointing out what was clear to anyone who watched the riot yesterday. those trump supporters were treated very differently from

black lives matter protesters. i'm going to talk to congressman connor lamb, who had this to say. >> they walk in the here free. a lot of them walked out free, and there wasn't a person watching at home who didn't know why that was, because of the way that they look. up at 2:00am again? tonight, try pure zzzs all night. unlike other sleep aids, our extended release melatonin helps you sleep longer. and longer. zzzquil pure zzzs all night. fall asleep. stay asleep.

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so, in the wake of yesterday's siege on capitol hill, one thing became obviously clear -- the double standard in how law enforcement treated domestic terrorists and how we have seen black lives matter protesters treated. the difference with us stark. it was even brought up on the house floor last night. >> let's be clear about what happened in this chamber today. invaders came in for the first time since the war of 1812. they desecrated these hauls and this chamber and and the ground

with we work. for the most part they walk in the free and walked out free, and there wasn't a person watching at home that didn't know why that was, because of the way they look. >> that was congressman conner lamb and he's joining us now. thank you. i know it was a very busy and quite frightening time considering what happened yesterday. you say a lot of these domestic terrorists walked right out of the capitol building free yesterday because of the way they look. you think they would have been treated differently if they were black lives matter protesters. >> yes, i do. i think it's hard to draw any other conclusion based on the year that we have had and what we all watched this summer and how much different cities. and i want to be clear -- i don't know if the fault here is in the judgment of the officers at the moment or in the failure to plan and have a strategy

ready for this type of crowd because of who they were and what they looked like and those are two different things that we're going to have to ask a lot of questions about in the days ahead, but we can't deny what even witnessed. >> absolutely. you were extremely critical of your republican colleagues during your remarks. a shouting match broke out. a confrontation between congressman andy harris and colin allred had to be broken up. let's watch that moment, and then we'll talk about it. >> hit hurts. it hurts them, hurts this country, hurts all of us. but the fact is the people made this country not work by not giving in. go ahead, shout it out. >> the gentleman is not in order! there will be order in the house. there will be order in the house.

there will be order in the house. >> what was going through your head when that happened? >> you know, not much. i was pretty focused on just maintaining the floor, continuing to speak, not being r robbed of my time, which is really my constituents' time. i'll say, being on the same side at colin allred made me feel pretty good and i didn't need to move an inch from where i was. he had that covered. >> there's talk of the 25th amendment or impeaching trump a second time for his role in stirring up this mob yesterday. how long he should be dealt with? >> i think every option needs to be on the table, and we have to plan for every single scenario. so i understand why the speaker and the leader are doing what they're doing. you know, we have to remember

that in a time when i think americans are looking for us to be passionate and strong, they're also looking to us to be steady and sensible. so with each day, we have to face also the practical realities, some of which you discussed on this show already. it's one thing to run the stuff through the house. it's another to get it through the senate, get the vice president on board. i think an important strength of what we did last night was that many, many republicans were on our side of that debate. you know, there are arguments might have sounded a little bit different. their tone could have been different, but last night was a bipartisan night in the house and senate, and it was a smaller subset of republicans who are the last holdouts for this just cavalcade of lies that they have been rolling along with. and we need to remember that and try to stick with that in the days ahead. >> no one has asked that i've seen -- i'm sure someone asked

but i haven't seen it. let me restate that. but how are you guys doing -- how are you doing since yesterday? it's very traumatic. how are you going to live with the consequences? it was an extremely tra mattic event to live through. >> sure i'll always remember it. but i'll just say, a lot of us signed up for this without realizing it. we didn't know yesterday would take shape the way that it did. but we ran for congress in the donald trump presidency, knowing everything that that could possibly entail and doing it because we thought it was important to try to defend the institution and rebuild the institution, and a big part of that is reaching out toward and respecting our friends towards the aisle, which made last night a difficult night. i was also proud of the ones that stood up for this country. it was a day for us all to think about the country and the symbol

for our national capitol, which does not belong to any country and definitely does not belong to the people that invaded it with their false flags yesterday. you see a renewed commitment. hopefully it will make us better and more inspired. >> congressman, thank you. glad you're safe. joining me now is pernille joseph and mitch landrieu, the former mayor of new orleans. i'm so glad both of you are on this evening. mayor, i know you're fired up about this. we texted. i'm going to start with the professor, though, if you don't mine. i want to play something for you. this is law enforcement dealing with protests for police reform last summer. clearing space for trump's photo op. contrast this to how maga rioters were treated yesterday. is it racial bias?

what do you think it is? >> don, i think what we all witnessed yesterday is really the culmination of a deep history of structural racism that runs through our institutions, especially our criminal justice institution. so when we think about the history of policing in the united states, the history of policing is really rooted in after slavery trying to contain and punish and incarcerate and exploit black people who had just become free after the civil war. and we have the convict lease system, we have black people -- black women and men who are incarcerated, who help build up the infrastructure of this country, who last only about seven years under that system of convict lease. when we think about that convict lease system, when people today talk about defund the police, that's been used to smear blm protesters. it's been used to smear social justice activists as if they

hate the police. they don't hate the police. they're saying they dislike unjust law enforcement that historically had been rooted in the racial marginalization of black people going back to the reconstruction. one last thing, don. what we saw yesterday is very similar to what we saw in the late 19th century and early 20th century and the civil rights era. we saw it in texas, my home state, and south carolina, and mississippi, new orleans, memphis, tennessee. where white mobs attacked black people and at times attacked their white allies for exercising their right to vote. we saw it in the early 20th century in atlanta, chicago, in elaine, arkansas, and rosewood, florida, and of course tulsa, oklahoma, where over 300 african-americans were massacred by white mobs. then we saw it in the civil rights movement where white mobs tried to threaten african-american school children, trying to get into public schools in little rock

central school, north carolina, in other places. we have a history of this in the united states. and in every single instance, law enforcement, which should have been on the side of citizens who are being oppressed, instead colluded with white mobs who are trying to prevent black people from having citizenship and dignity in this country. >> you should see the pictures that were running when you were up there. hangman's noose, confederate battle flag, camp auschwitz on someone's jacket. it's just repugnant. mayor, president-elect biden commenting on the inequal justice that was on display yesterday. watch this. >> not only did we see the failure to protect one of the three branches of our government, we also saw a clear failure to carry out equal justice. no one can tell me that if it had been a group of black lives

matter protesting yesterday, they wouldn't have been treated very, very differently. than the mob of thugs that stormed the capitol. we all know that's true. and it is unacceptable. totally unacceptable. >> as a former mayor, do you have a lot of experience dealing with law enforcement, how would you deal with the difference between how maga rioters were treated and how blm protesters were treated? >> yesterday it was clear that every american was stung by the tragedy when the assault on the sanctuary of democracy took place at the incitation of the president. but african-americans yesterday felt a very special pain that cannot be overlooked. there's no question that the treatment rendered yesterday by law enforcement would have been vastly different -- as a matter of fact, you have the proof. if you have the pictures of the

president at the church and the black lives matter or the national guard standing at the memorial when they thought african-americans would be out there and then you look at yesterday and the lack of planning you can't come to any other conclusion. white americans have to confront this, deal with it. they have to understand it's going to be difficult for us to have racial reconciliation unless at first there's an acknowledgement that there's disparate treatment of other people. that's what bias is all about. as we talk about the catastrophic fallout from yesterday, we cannot look away from the racial imp implication when we saw white nationalism running amok and trying to destroy democracy in america. >> listen, i have to run, but i do have to say, mayor, that there are folks who are making excuses for it, again, comparing it to what happened this summer. again, not making the distinction between rioters and peaceful protesters for black

lives matter but trying to make a dings between rioters and peaceful protesters insurrectionists who stormed the capitol yesterday or for the trump supporters. so there is a disconnect and people are trying to make excuses. trying to excuse what happened yesterday by comparing it to what happened this summer. >> well, let me just say this -- conner lamb said -- i don't know if it was the capitol police or the planning. there's implicit bias in planning. if you think the group that's coming to washington are white are going to be safer then the groups who are coming to washington are white because they're -- what happened yesterday, i can't manage as a mayor who planned security for an event like that, that you wouldn't have been more ready for something you knew was coming, something they said was coming, something they told you they were going to engage in and you never did what was

necessary. it was a national security failure of epic proportions. and i think when congress does its investigation they're going find out there was some bias in that, and the african-american community sees that clearly. they want to white community to understand that. they want us to see it, to know it, and they want us to do something about it and they're completely right. >> i heard two different people today say what you said. well, the trump supporters don't have a history of violence like that. again, that's implicit bias. but they do, they do have a history of violence. or that they didn't think that the groups who were coming to washington would display some sort of violence. >> that's exactly right. let me say this -- the pfbi for years and many of us have been talking about the rise of white nationalism, white supremacy and the danger that continued to exist in this country and this administration looked the other way. the fbi itself has talked about this and it has not become a

priority for this country. it needs to now, because they'll tear us apart and it's critically important for the future of democracy. >> i'm going to have both of you back. this is an important conversation. thank you both. appreciate it. see you soon. thank you. there's trump yesterday and then there's trump today. >> we love you. you're very special. >> to those who broke the law, you will pay. >> it's not just him. allies are changing their tune, trying to revise history, but we've got the tapes, the receipts. next.

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some of the president's closest republican allies now trying to revise history about how they have aided and abetted his worst instincts. take senator lightnindsey graha. listen to what he said after the

chaos at the capitol. >> they say there are 66,000 people in georgia under 18 voted. how many people believe that? i ask, give me ten. hadn't had one. they said 8,000 felons in prison in arizona voted. give me ten. hadn't gotten one. >> hmm. so that is the same lindsey graham who allegedly called georgia's secretary of state to discuss how he could discard legally cast ballots. the same lindsey graham who repeatedly parroted the president's lies about election fraud. >> i want to computer systems in michigan that flipped votes from republicans to democrats to be looked at and the software was used all over the country. there's a lot of shenanigans going on here. biden got more votes than obama in a few areas of the country. in only a few areas. how could that be? it's not unreasonable to ask the legislature to come back in and order an audit of the system to

see if the system worked. what is unreasonable is sit on your ass and do nothing when you've got a chance to save the country. >> okay. charlie dent's here, former congressman. cnn senior political analyst ron brown. it's like put your finger in the wind, whatever, see which way the wind is blowing. it's crazy. charlie, hardly -- graham is hardly the one. senator ted cruz putting out -- he seems hardly the only one. senator ted cruz putting out a statement calling for a peaceful transition of power even though he's been one of trump's biggest enablers pushing lies about fraud. watch this. >> we have seen in the past two months unprecedented allegations of voter fraud, and that's produced a deep, deep distrust of our democratic process across the country. i think we in congress have an obligation to do something about that.

>> is anyone buying this? >> no. i mean, this is so nakedly transparent. look, they were -- senators cruz and hawley were being very demagog demagogic. they were stoking the passions of people for a cause that they knew would be unsuccessful. they knew. that they did it for political advantage, and then when things blew up yesterday so horribly, they now realize they made a horrible mistake. now they change their tone. but i think most people recognize who started the fire and recognize the firefighters too. you can't be an arsonist and a firefighter here, senator cruz. that's what it looks like to me. i don't think anybody's buying it. >> ron, eight senators and 139 house republicans supported at least one objection to the electoral votes. how is history going to remember them? >> that's the revealing thing.

think about it. those 139 house members voted the overturn the results, subvert the results of election in states with the clear goal of making donald trump the president again for four more years even after what happened yesterday. right? they were voting to throw out results in a kind of extended scheme to get him back into power and they continue to do so even after the riot he incited. to me that is just kind of the exclamation point on four years in which congressional republicans paved the road to this day. they abetted and enables him at each step. each time they broke a window, they swept up the glass, and that convinced him that no matter how far he went in undermining democratic rules and norms, there would be no consequences. yesterday i thought was the ultimate proof that susan collins was right when he says he learned a big lesson from impeachment. the only lesson he learned was that no matter what he did,

republicans would not sanction him. when they finally did, it was after the capitol itself was ransacked. >> one of his biggest apologists was john kelly. he was chief of staff for a while. i'm grateful he's coming out. i'm glad he has finally seen the light. but he had plenty of opportunities before to talk about what the president was doing, the separation of children and so on and so forth. it did not happen. what do you think of him now? quickly if you can, ron. i go to -- >> john kelly, like lindsey graham, like others, are trying to take a very hard shower at 11:59. they're up to hatheir eyeballs all of this. >> i think kelly is a good man who was in a really bad spot. glad he's speaking up. he was not a political guy. i'm sure he deals with enormous feelings of guilt having worked for this man. >> got it. thank you, very many. appreciate it. federal investigators are

looking into trump's role of inciting the riots and he's looking into having his bases covered. the details next.

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kind of pride and boldness that they need to take back our country. so let's walk down pennsylvania avenue -- >> so cnn also learning that trump is asking aides and lawyers about his self-pardon power. let's discuss now. cnn's legal analyst elie honig is here. trump clearly incited his followers. what kind of charges could he face? what's the burden of proof here? >> if this was anyone other than the president of the united states who said the things and did the things trump did immediately before the attack on the capitol, i don't think there's much of a question. key question here was, was the president engaged in heated political rhetoric or inciting them to crime. look at his own language, stand back and stand by. you showed his tweet, be there. here's the biggest tell to me as

a prosecutor. after they destroyed the place, after they tore the place up, trump gave them a bravo. he said, remember this day forever and called them great patriots. that shows me he did exactly what he wanted them to do. if that's the case, he can be charged. >> he said, we love you, and his daughter called them american patriots, or something similar. trump was hyping the january 6th thing on twitter, saying it would be wild. chief of staff john kelly told wolf blitzer the president's words and intentions were clear. i thought it was jake, but go on. >> the president knows who he's talking to when we tweets or makes statements. he knows who he's talking to and knows what he wants them to do. in fact, he's been saying the things he's been saying since the election, encouraging

people -- no spliurprise, againt what happened yesterday. >> not wolf. it was jake. the president uses coded language. does that make it harder to hold him legally accountable? >> i don't think so. i think a good prosecutor can make that case. i think john kelly is exactly right. look, he absolutely uses coded language. just imagine the vision donald trump was looking out at when he today at the podium and addressed the crowd. he has eyes. he can see the same confederate flags, the auschwitz tirk-shirt the nazi regal ya. he knows who these people are. he's under no illusion. when you incite a crowd like that and they go down to the capitol and they ransack the place and you applaud them, i think it's a pretty good argument there. they repeat lies and conspiracies, they push out disinformation, tell you not to trust the truth. the pro-trump media adding fuel

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so, how much responsibility does right-wing media have for helping president trump incite his supporters to storm the capitol? look at news tucker carlson was sending to rioters, just last night, after the deadly insurrection. >> what happened today will be used by the people taking power to justify stripping you of the

rights you were born with as an american. your right to speak, without being censored. your right to assemble, to not be spied upon, to make a living, to defend your family, most critically. we got to this sad, chaotic day, for a reason. it is not your fault. it is their fault. >> wow. you're right to bust into the capitol. it -- it -- it's their fault. they're not adults. brian stelter. cnn's chief media correspondent, the anchor of reliable sources, and he joins me now. brian, for months now, right-wing media outlets have been feeding viewers lies and conspiracy theories about the election. was yesterday's riot an inevitable consequence of the information that's been fed to his supporters? >> when millions of people are told lies for weeks and months, at a time, you do experience a form of radicalization. i know the r word is usually applied in other countries. we think about radicals being terrorists, in the middle east. but radicalization is a concept that applies here, in america, today.

some of our fellow americans have been radicalized. not everybody at the capitol, yesterday. but the people who committed crimes and looted the capitol. they have been radicalized. and you have to look at the people who are enabling, who are aiding and abetting, this behavior. people, that are stars of right-wing media that have been fanning these flames for months and for years, don. >> are they standing by the president, when you talk about stars of right-wing media, tucker carlson, rush limbaugh, to name a few. >> they were trying to minimize his behavior. trying to minimize the behavior of his supporters. i think, what we are seeing is a slow return to reality, in some corners of the right-wing media. some acknowledgments that biden will, actually, be president in two weeks. but so much of this chaos and hate, in the last two months, could have been avoided. if right-wing media stars were more honest with their audiences, in november and december. pro-trump media is partly at fault, here.

and -- and this media system is not going away. this media apparatus, although, you know, some viewers might tire of it. others actually go deeper down the rabbit hole. think of it as a form of qui quicksand, don, that people end up sinking deeper into. >> right-wing media and even some republicans, almost immediately, began making these baseless claims that pro-trump mob was actually antifa. they're still not reckoning with the real problem here. >> right. it's always an attempt to come up with an alternative story, an alternative reality. this war on truth. so that, if you are a trump supporter, you don't want to believe that some of your fellow patriots were actually up there destroying property. so instead, you tell yourself it was left-wing radicals. it was antifa. there is a lot of double-standard talk in right-wing radio and tv. a lot of conspiracy theories being spread. what it is, don, is a big lie on top of all the big lies we have been hearing the last two months. big lies about trump winning,

about voter fraud being rampant. now, the new, big lie, is that actually, this was all somebody else's fault. we don't know for sure but even sowing that kind of doubt the way tucker carlson is, laura ingram is, it is damaging because, then people come away not knowing what to believe. >> yep. >> the question then becomes, who is going to drag people back to reality? we know it's not president trump. will it be the murdocks? i mean, the murdock "wall street journal" editorial board tonight said it will be best for trump to resign. >> yeah, and go away quietly. but there is always a boogie man and there is a pattern. you know, acorn. it was the new black panthers. now, it's antifa. so, you know, it's -- it's a pattern. thank you, brian. i got to run. it's the end of the program. thank you so much. i will see you later. thanks for watching, everyone. our coverage continues.

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and good evening. there are a lot of developments, in the wake of yesterday's failed attack on the capitol. including, a new video from the president. in it, he concedes the election he lost. but evades responsibility for the insurrection, and continues to lie. we will play that video because it's important for you to see it. in a moment. among the other headlines, growing calls, mostly from democrats, but some republicans, for the president to be impeached for a second time or be removed on the 25th amendment. one cabinet member has resigned, along with senior-level staffers. the chief of the capitol police is resigning. so, too, the sergeant at arms. the law enforcement spent much of today securing the area around the capitol. the presiden