ON "THE BEAT."
"THE REIDOUT" WITH JOY REID IS
UP NEXT.
>>> GOOD EVENING, EVERYONE.
WE BEGIN WITH THE THE"THE REIDOU
HISTORY.
THE WATERGATE INVESTIGATION INTO
PRESIDENT RICHARD NIXON WAS
SUSPICIOUSLY MISSING.
>> GOOD EVENING.
THE WHITE HOUSE THIS AFTERNOON
DISCLOSED SOMETHING ELSE IS
WRONG WITH THE PRESIDENT'S
SECRET TAPE RECORDINGS.
AN 18-MINUTE IMPORTANT
CONVERSATION IS.
[ INAUDIBLE ]
CONSISTING OF A SINGLE TONE ON
THE TAPE.
THAT CONVERSATION TOOK PLACE
JUST THREE DAYS AFTER THE
WATERGATE BREAK IN LAST YEAR AND
IT INVOLVED THE PRESIDENT, HR
AND JOHN ERICMAN.
>> THAT RECORDING WAS CRITICAL
BECAUSE IT WAS SUPPOSED TO
CAPTURE PRESIDENT NIXON
EASTERLIEST REACTION TO THE NEWS
OF THE WATERGATE BREAK IN BUT DISAPPEARED INTO THIN AIR.
DISAPPEARED INTO THIN AIR.
CONVENIENTLY FOR NIXON, IT WASFS
ERASE BY HIS SECRETARY WHO SAID
THAT HE
SHE DID SO BY ACCIDENT WITH A
FOOT PEDAL.
IT WAS A COVERUP TO HIS DOWN
FALL.
FAST FORWARD TO TODAY AND WE'RE
LEARNING NOW OF A NEW GAP IN
ANOTHER WHITE HOUSE RECORD, THIS
TIME PERTAINING TO THE
PRESIDENCY OF DONALD J. TRUMP
ONLY THIS GAP ISN'T JUST 18.5
MINUTES, IT'S MORE THAN SEVEN
HOURS.
"THE WASHINGTON POST" IS
REPORTING TODAY THAT INTERNAL
WHITE HOUSE RECORDS FROM JANUARY
6th SHOW A GAP IN TRUMP'S PHONE
RECORDS OF SEVEN HOURS AND 37
MINUTES INCLUDING THE PERIOD
WHEN THE CAPITOL WAS BEING
VIOLENTLY ASSAULTED.
THAT SPRAWLING GAP THAT SPANS
FROM 11:17 A.M. TO 6:45 P.M.
REPRESENTS THE MOST CRUCIAL TIME
FRAME FOR CONGRESSIONAL
INVESTIGATORS WHO ARE TRYING TO
PIECE TOGETHER WHAT TRUMP WAS
DOING WHILE HIS SUPPORTERS
OVERWHELMED POLICE AND OCCUPIED
THE CAPITOL.
THESE WHITE HOUSE RECORDS ARE
NOT JUST INCOMPLETE, THE GAP
SUGGESTS STAGGERING AND
POTENTIALLY WILLFUL OMISSIONS
GIVEN WHAT WE KNOW.
FOR INSTANCE, PUBLIC REPORTING
ESTABLISHED THAT TRUMP SPOKE
WITH AT LEAST THREE REPUBLICAN
LAWMAKERS THAT AFTERNOON
INCLUDING SENATOR MIKE LEE,
SENATOR TOMMY TUBERVILLE AND
KEVIN McCARTHY BUT NONE OF THOSE
CONVERSATIONS ARE ACCOUNTED FOR.
NO SURPRISE, THE SELECT
COMMITTEE IS INVESTIGATING A
POSSIBLE COVERUP OF THE OFFICIAL
WHITE HOUSE RECORD FROM JANUARY
6th, ACCORDING TO ONE MEMBER OF
THE PANEL.
ADDITIONALLY, THEY'RE LOOKING
INTO WHETHER TRUMP COMMUNICATED
THAT DAY THROUGH BACK CHANNELS
OR PERSONAL DISPOSABLE PHONES
KNOWN AS BURNER PHONES.
WHILE THE OMISSIONS FROM THE
RECORD ARE SIGNIFICANT, WHAT THE
LAW DOES ACTUALLY SHOW IS ALSO
QUITE DAMMING.
MOST OF THE NAMES INCLUDED ARE
THE VERY PEOPLE AT THE CENTER OF
TRUMP'S EFFORT TO STEAL THE
ELECTION.
PEOPLE LIKE STEVE BANNON, JIM
JORDAN, JOSH HAWLEY AND RUDY
GIULIANI AND OTHERS THAT
CONTINUE TO STONE WALL THE
SELECT COMMITTEE'S PROBE.
THEY COULD BE ACCOMPLICES IN
WHAT A FEDERAL JUDGE DESCRIBED
AS A FELONIOUS ATTEMPT TO
OBSTRUCT THE JOINT SESSION OF
CONGRESS AND YET, THE DEPARTMENT
OF JUSTICE HAS SHOWN NO SIGN
IT'S OPENED AN INVESTIGATION
THAT FRUSTRATED MANY.
HERE IS A CONGRESSWOMAN LAST
NIGHT.
>> I WILL ECHO WHAT MY
COLLEAGUES HAVE ALREADY SAID BUT
MORE BLUNTLY, ATTORNEY GENERAL
GARLAND, DO YOUR JOB SO THAT WE
CAN DO OURS.
>> JOINING ME NOW BARBARA
McQUAID, FORMER U.S. ATTORNEY
AND LEGAL ANALYST AND FORMER
ASSISTANT WATERGATE PROSECUTOR
AND FORMER ASSISTANT U.S.
ATTORNEY FOR THE SOUTHERN
DISTRICT OF NEW YORK AND NICK, I
HAVE TO GO TO YOU FIRST.
7.5 HOURS IS A LOT DIFFERENT
FROM 18 MINUTES.
YOUR THOUGHTS ON THIS BOMBSHELL
REPORTING FROM "THE WASHINGTON
POST."
>> THERE IS NO QUESTION.
I MEAN, THIS IS DEJA VU ALL OVER
AGAIN.
WE'RE DEALING WITH SIGNIFICANT
EVIDENCE DURING A PERIOD OF TIME
WHEN ALL OF THIS MAYHEM WAS
GOING ON AND THE REAL QUESTION
IS LOOMING ALL OVERALL OF THIS
IS WHETHER OR NOT DONALD TRUMP
KNEW THAT THERE WOULD BE
VIOLENCE AND PARTICIPATED IN
ORGANIZING THE VIOLENCE OR HAD
ENCOURAGED THE VIOLENCE.
IF THAT IS SO, THERE IS REAL
DOUBT HE WOULD BE PROSECUTED
CRIMINALLY FOR WHAT HE DID THAT
DAY BUT THAT IS THE LOOMING
QUESTION HEAR AND WE HAVE NO
IDEA WHAT WAS IN THAT PHONE
RECORD.
MY SENSE IS, YOU KNOW, THE PHONE
RECORD JUST STOPS AT A CERTAIN
POINT IN TIME AND THEN IS
NOTHING FOR SEVEN HOURS WHICH
LEADS ME TO BELIEVE HE PUT IT
DOWN THE TOILET OR DESTROYED IT.
>> THERE, ALSO, BARBARA, IS
EVIDENCE OF CONSCIOUSNESS OF
GUILT.
I'M NOT A LAWYER BUT DONALD
TRUMP PUTTING OUT A STATEMENT
SAYING I DON'T KNOW WHAT A
BURNER PHONE IS.
YEAH, YOU DO.
HE SAYS I HAVE NO IDEA WHAT A
BURNER PHONE IS.
JOHN BOLTON SAYS YEAH, YOU DO.
JOHN BOLTON RECALLS TRUMP USING
BURNER PHONES IN SEVERAL
DISCUSSIONS AND TRUMP WAS AWARE
OF THE MEANING.
HE SAID HE AND TRUMP HAVE SPOKEN
ABOUT HOW PEOPLE USE BURNER
PHONES TO NOT HAVE CALLS
SCRUTINIZE
SCRUTINIZED.
CAN YOU SEE HOW MERRICK GARLAND
CAN LOOK AT THIS AND SAY
NOTHING?
>> WELL, YOUR NOTION OF
CONSCIOUSNESS OF GUILT IS RIGHT
ON, JOY.
THIS IS A CLASSIC EXAMPLE OF IT.
SO A BURNER PHONE IS A PHONE
USED BY DRUG HEAL ERDEALERS AND
CRIMINALS.
IT A PREPAID DISPOSABLE PHONE
WHEN YOU DON'T WANT A CALL
TRACED BACK TO YOU.
YOU USE IT AND GET RID OF IT
WHEN YOU'RE DONE.
DID HE USE A BURNER PHONE?
I DON'T KNOW.
THE STATEMENT HE DOESN'T KNOW
WHAT A BURNER PHONE IS, YOU
DON'T PROTEST TOO MUCH WHEN YOU
HAVE JOHN BOLTON SAYS YES, HE
DID.
HE USED THAT PHRASE ALL THE
TIME.
WHEN HE'S SAYING THIS, HE'S
TRYING TO DISTANCE HIMSELF FROM
KNOWING WHAT THIS THING IS AND I
THINK AS YOU SAY, SOMETIMES THAT
CAN BE USED AS CONSCIOUSNESS OF
GUILT DENYING KNOWING WHAT THIS
IS AN EFFORT TO DOWN PLAY THE
POSSIBILITY HE WAS USING IT.
REALLY INTERESTING THING.
WITH REGARD TO YOUR QUESTION
REGARDING MERRICK GARLAND.
THERE IS FRUSTRATION CHARGES
HAVE NOT YET BEEN FILED AND NOT
AN OVERT INDICATION THERE IS AN
INVESTIGATION GOING ON.
I AGREE THAT IF I BELIEVE THAT
TO BE TRUE, I WOULD BE OUTRAGED
AND I CERTAINLY DON'T HAVE ANY
INSIDE INFORMATION BUT I CAN'T
BELIEVE THAT THE JUSTICE
DEPARTMENT IS NOT INVESTIGATING
HERE.
I THINK THAT PEOPLE BASE THAT ON
THE FACT THERE ARE NO LEAKS AND
ALSO, THE FACT THERE ARE NO
COURT CHALLENGES TO SUBPOENAS
THAT THE WAY WITH PEOPLE LIKE
STEVE BANNON AND MARK MEADOWS
AND JOHN EASTMAN AND THE LIKE.
THERE IS A LOT OF INVESTIGATION
THAT CAN BE DONE COVERTLY FOR
EXAMPLE THE JUSTICE DEPARTMENT
HAS ACCESS TO SEARCH WARRANT
AUTHORITY THAT THE CONGRESSIONAL
COMMITTEE DOES NOT HAVE SO THE
JUSTICE DEPARTMENT CAN OBTAIN
THINGS WITH SEALED SEARCH
WARRANTS FROM PROVIDERS AND GET
EMAIL CONTENT IN THAT WAY
INSTEAD OF RELYING ON THE USER
TO PROVIDE IT IN RESPONSE TO A
SUBPOENA.
SO I THINK THAT IT'S QUITE
POSSIBLE AND EVEN QUITE LIKELY
THAT THE JUSTICE DEPARTMENT IS
INVESTIGATEING HERE AND I TAKE
MERRICK GARLAND AT HIS WORD WHEN
HE SAYS THEY WILL INVESTIGATE
ANYONE AT ANY LEVEL AT THE
CAPITOL OR NOT ON JANUARY 6th
RESPONSIBLE FOR THIS ASSAULT ON
THE DEMOCRACY.
>> RIGHT, BECAUSE IT'S A COUP.
EXCUSE ME.
LET ME GO BACK TO JUST SOME OF
THE PEOPLE DONALD TRUMP HAS
ACKNOWLEDGED HE DID SPEAK WITH.
IT'S A LONG LIST.
IT STEVE BANNON, THE PEOPLE YOU
EXPECT. RUDY GIULIANI, SEAN HANNITY,
RUDY GIULIANI, SEAN HANNITY,
SORRY, KATYYLEIGH McENANY.
WOULD THIS BE A CASE WHERE THE
JUSTICE DEPARTMENT WOULD GO DOWN
THIS LIST OF PEOPLE THAT THEY
KNOW DONALD TRUMP DID SPEAK WITH
AND TRY TO BACK FILL AND FIGURE
AND GET THEIR PHONE RECORDS?
HOW WOULD YOU GO BACK AND PIECE
TOGETHER WHO HE SPOKE WITH.
THIS IS PEOPLE WE KNOW HE SPOKE
WITH.
WE DON'T KNOW IF THERE WERE ANY
OTHER LAWMAKERS HE SPOKE WITH.
THERE WERE STORIES THAT TALKED
ABOUT TED CRUZ' INVOLVEMENT.
TED CRUZ AND JOSH HAWLEY WERE
INVOLVED IN OBJECTING TO THEJOHN
JOHN EASTMAN'S PLAN AND
FOLLOWING THE PLAYBOOK.
THERE IS SO MUCH THAT'S
CIRCUMSTANCE L
CIRCUMSTANCE, TRUMP'S AIDES KNEW
WHAT WAS HAPPENING AND MARK
MEADOWS AND CLEARANCE THOMAS'
WIFE KNEW WHAT WAS HAPPENING.
THEY HAVE THE SAME INFORMATION.
I DON'T SEE HOW EVERYONE COULD
HAVE COME TO THE SAME IDEA HOW
TO STEAL THE ELECTION AND NOT
TALK TO EACH OTHER.
IS THERE ANY WAY THAT A
PROSECUTOR CAN LOOK AT THAT SET
OF FACTS THAT ALL THESE SENATORS
SEEM TO KNOW WHAT IS GOING TO BE
DONE?
EASTMAN HAS WRITTEN IT DOWN IN A
MEMO AND EVERYONE IS ACTING THE
SAME WAY BUT THEY DON'T KNOW AND
AREN'T TALKING?
THAT DOESN'T MAKE SENSE.
>> THAT'S A SITUATION WHERE THE
PROSECUTION WOULD TRY TO PROVE
THERE IS A CONSPIRACY AND
DIFFERENT PEOPLE HAVE DIFFERENT
INPUT AND DIFFERENT ROLES AND
DIFFERENT PARTICIPATION BUT THEY
WERE ALL IN THE SAME PAGE AND
PART OF THE SAME AGREEMENT AND
THERE IS LAW THAT SAYS A
CONSPIRACY MAY BE PROVED THAT IT
WAS NOT JUST AN EXPLICIT
AGREEMENT BY IMPLICIT AGREEMENT.
YOU DON'T HAVE TO GET-TOGETHERS
IN THE SAME ROOM AND SIGN A
DOCUMENT THAT SAYS HERE IS THE
AGREEMENT AS LONG AS THEY'RE ON
THE SAME PAGE.
IT DOES APPEAR THAT'S WHAT
HAPPENED HERE.
AND AS FOR THIS ABSENCE OF PHONE
RECORDS, THE ABSENCE OF PHONE
RECORDS DOES MAKE THE
PROSECUTOR'S JOB SUBSTANTIALLY
HARDER HERE.
ONE OF THE VALUES OF HAVING A
LIST LIKE THIS, YOU CAN SEE WHO
THE CALLS WERE AND TALK TO THE
PEOPLE ABOUT THE SUBJECT OF THE
CONVERSATION.
YOU HAVE TO PIECE IT TOGETHER
BUT REVERSE ENGINEERING AND
FINDING OUT FROM THE CALLERS
THEMSELVES OR RECIPIENTS WHO
THEY WERE.
IT MAY BE SOME CALLS ARE LOST TO
BEING RECONSTRUCTED IN THAT WAY
BUT AS YOU SAID, WE DO KNOW FROM
REPORTING AND STATEMENTS BY THE
PEOPLE ON THE OTHER END OF THE
LINE THERE WERE LOTS OF CALLS
THAT DAY SO YOU HAVE TO PIECE
TOGETHER THE CONTENT OF THE
CALLS FROM THAT END OF THINGS
AND THAT'S GOING TO BE MUCH MORE
DIFFICULT AND FINDING OUT HOW IS
IT THAT DONALD TRUMP TALKED TO
ALL OF THESE PEOPLE AND YET,
THERE IS NO RECORD OF IT?
THERE IS A BURNER PHONE OR
REPORTING HE'S IN THE HABIT OF
GRABBING A PHONE FROM AN AIDE
AND SAY GIVE ME YOUR PHONE I
WANT TO MAKE A CALL AND USING
THAT PERSON'S TELEPHONE TO DO
IT.
IT IS TRUE THAT YOU CAN PUT
TOGETHER A CONSPIRACY EVEN IF