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Derek Chauvin Trial Continues; Biden Announces All Adults Eligible For COVID Vaccine By April 19; California To Fully Reopen June 15 Amid Falling COVID Case Rates; Michigan Reports Highest COVID- 19 Case Count Since November; MLB Announces All-Star Game Moving To Denver After Atlanta Nixed Over New Georgia Voting Law; Heavy Metal Guitarist Linked to Oath Keepers Closer To A Plea Deal Than Any Other Defendant In Capitol Riot Probe. Aired 6-7p ET

Aired April 06, 2021 - 18:00   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

[18:00:03]

WOLF BLITZER, CNN HOST: Also tonight, President Biden just set a new deadline for states to make all adults -- all adults -- eligible for a COVID-19 vaccine, moving the date up to April 19, this as California now says the rising vaccination rate and a drop in cases will allow the state, the state of California, to fully reopen on June 15.

Let's go straight to Minneapolis first. CNN security correspondent Josh Campbell is joining.

So, Josh, witness after witness. Prosecutors are trying to tear apart the defense's claim that Chauvin was simply doing what he was trained to do.

JOSH CAMPBELL, CNN SECURITY CORRESPONDENT: That's right, Wolf.

The prosecution here in the case of former Minneapolis police officer Derek Chauvin continues to present law enforcement witnesses in order to convince the jury that Chauvin violated department policy whenever he placed his knee on George Floyd's neck.

Now, we know that, for over a week, we have heard damning testimony about Chauvin's actions, but, today, Wolf, the defense in this case eliciting some noteworthy concessions from witnesses called by the prosecution.

(BEGIN VIDEOTAPE)

CAMPBELL (voice-over): One by one, veteran members of the Minneapolis Police Department took the stand, each part of the department's training force.

Today's testimony added to the chorus of police department witnesses, including the chief, who have said Derek Chauvin's use of a knee on George Floyd's neck was not part of their training.

STEVE SCHLEICHER, MINNESOTA PROSECUTOR: Would it be appropriate and within training to hold a subject in that prone, restrained position with the knee on the neck and a knee on the back for an extended period of time after the subject has stopped offering any resistance?

LT. JOHNNY MERCIL, MINNEAPOLIS POLICE DEPARTMENT: No, sir.

SCHLEICHER: Or has lost their pulse?

MERCIL: No, sir.

NICOLE MACKENZIE, MINNEAPOLIS POLICE DEPARTMENT MEDICAL RESPONSE COORDINATOR: If you don't have a pulse on a person, you will immediately start CPR.

CAMPBELL: But the defense pushed back with this image.

ERIC NELSON, ATTORNEY FOR DEREK CHAUVIN: This is a specific kind of photograph that demonstrates the placement of a knee as it applies to prone handcuffing, correct?

UNIDENTIFIED MALE: Correct.

CAMPBELL: While the witnesses emphasized a focus on minimal force and prompt medical care...

SCHLEICHER: How soon should the person be put into the side recovery position?

MERCIL: I would say sooner the better.

CAMPBELL: The defense asserted rules can be fluid.

NELSON: There is no strict application of every single rule, agreed, or every single technique?

MERCIL: That is correct.

NELSON: Have you had people say, "I can't breathe"?

MERCIL: Yes, sir.

NELSON: Have you ever trained or trained others to say that, if a person can talk, they can breathe?

MERCIL: It's been said, yes.

SCHLEICHER: Do you train officers that if a person can talk, that means they can breathe?

MACKENZIE: No, sir.

CAMPBELL: At times, the witnesses contradicted each other.

MACKENZIE: Just because they're speaking doesn't mean they're breathing adequately.

GEORGE FLOYD, DIED IN POLICE CUSTODY: I can't breathe.

CAMPBELL: And in a trial defined by numerous graphic videos of George Floyd's final moments...

NELSON: You would describe sometimes the public doesn't understand that police actions can look really bad?

UNIDENTIFIED MALE: That is correct, sir, yes.

NELSON: And -- but they still may be lawful, even if they look bad, right?

UNIDENTIFIED MALE: Yes, sir.

REV. AL SHARPTON, CIVIL RIGHTS ACTIVIST: Here we are now in the shadows of the courthouse praying for justice.

CAMPBELL: During the trial's lunch break, George Floyd's family joined the Reverend Al Sharpton outside the courthouse.

PHILONISE FLOYD, BROTHER OF GEORGE FLOYD: After we get the verdict and we get this conviction, we will be able to breathe.

(END VIDEOTAPE)

CAMPBELL: Now, Wolf, we are still early in this trial. There are many more witnesses to come, but today was arguably the best day so far for the defense.

They were able to elicit some advantageous information from some of these prosecution witnesses, including one officer who admitted that there have been instances in the past where a suspect claimed they were in medical distress or that they couldn't breathe, which later ended up to not be the case.

Of course, Wolf, we have all seen that gut wrenching video for over nine minutes of this officer with George Floyd down on the pavement. But, of course, in the U.S. criminal justice system, all the defense has to do is raise doubt in the mind of one juror in order to threaten the prosecution's case -- Wolf.

BLITZER: It's an important point.

Josh, stay with us.

I also want to bring in our political commentator Bakari Sellers, who is also a lawyer. CNN legal analyst Paul Callan is joining us, and retired LAPD Sergeant Cheryl Dorsey is with us. She's the author of the book "Black and Blue."

Bakari, what do you see as the prosecution strategy in this phase of this trial?

BAKARI SELLERS, CNN CONTRIBUTOR: I mean, you see them still building the case out here that Derek Chauvin did not follow proper procedures and protocol, that his actions were beyond reckless, that there was intent there, and the necessary intent there to bring down a murder charge. And you just see -- and, also, one of the biggest things that this

case is about is causation. And you attempt to see them every step of the way showing that the cause of death in this matter is the knee to the neck.

Today, again, at every step the prosecution makes, you see the criminal defense attorney come back and attempt to push back in the opposite direction. People are learning today what a lethal dose of fentanyl is and what was in George Floyd's system.

[18:05:07]

You're going to hear that more and more and more increasingly, because we do know that it only takes one juror to believe that the cause of death was something other than -- or the substantial cause of death was something other than Derek Chauvin's knee. So we still have a long way to go, but you can see how both sides are attempting to prove their case.

BLITZER: Yes. It's got to be unanimous for conviction, unanimous acquittal. If one or two jurors simply vote against the prosecution, there could be a hung jury. Then they would have to decide whether they're going to start this thing all over again.

Let's talk a little bit, Paul, about the two witnesses today who seemed to agree with at least some of the defense line of questioning that the crowd may have distracted from a medical -- from medical care and that the suspects who are compliant -- and suspects who are compliant can suddenly become noncompliant.

Do you think that was a misstep on the part of the prosecution to raise the possibility for the defense to start bringing those issues in?

PAUL CALLAN, CNN LEGAL CONTRIBUTOR: Well, I think the prosecution saw that argument coming, Wolf. And prosecutors often try to get these things out in front of the jury, so they can explain them later on.

And you're absolutely right. The point that came out really was that, before you can even call in medical assistance to help a suspect who's in trouble in terms of his health, you have to make sure that the scene is clear and safe.

And the implication, clearly, is that the surrounding crowd maybe delayed things and could have caused part of the problem. I thought that, actually, one of the more harmful things that were elicited from police witnesses today, I thought, was testimony from the police lieutenant who actually trained Chauvin in proper technique.

And he -- of course, he was trying to prove that you need proportionate force, appropriate force, not excessive force. And this particular police officer said there was excessive force here. But he did say one thing that I think will come back to haunt the prosecution. He said that, in order for a man to become unconscious, it can happen as fast as 10 seconds if there's substantial pressure put on the neck. And I think the defense will turn that on the prosecution and say this

was, as 9:29, nine minutes and 29 seconds, and, of course, Mr. Floyd only became unconscious toward that -- at the very, very end. So, that might have been a harmful bit of testimony by the police today.

BLITZER: Sergeant Dorsey, let's talk about those two officials who actually trained Derek Chauvin. One said that they don't train the type of restraint Chauvin used.

The other said Chauvin was trained to immediately start CPR when someone is unresponsive. How powerful was that testimony?

CHERYL DORSEY, RETIRED LAPD POLICE SERGEANT: Well, it was important to know what the training is.

But what people have to remember and understand is that what we do is very fluid. And there are exceptions at every step of the way. And so you have to constantly assess and then reassess what's going on, what is the individual doing and how do you either compensate, overcompensate? Do you de-escalate?

And so a lot of this deals with just what's reasonable and common sense. And we know, if sense were common, everyone would have it.

(LAUGHTER)

DORSEY: And so what we saw was unreasonable.

And it's going to be very difficult to explain away when you have professionals, command staff officers, trainers from that department saying this is not what we expect and teach our officers to do.

BLITZER: You know, Josh, have there been more officers, former colleagues of Chauvin's, who have actually spoken out in support of him since George Floyd's death?

CAMPBELL: We have not heard many at all, Wolf.

And I can tell you, I was here last year after this incident. I actually interviewed, just as an example, the head of the Minneapolis police union, who's been out there very aggressive going after people that he considers anti-law enforcement.

And even he can't find a nice thing or a positive thing to say about what he saw on that video. So it shows that Derek Chauvin here really is standing alone. I think it goes back to a word that Bakari used a second ago. And that is protocol. And that was the key topic today in court.

What is reasonable and how are officers trained, to include Derek Chauvin?

I can tell you, as a former federal agent, someone who now covers law enforcement, the police are taught early on in their training, you can only use force that is reasonable and necessary, and especially when you start talking about deadly force, Wolf, only force that is used when there is a threat being posed by someone.

Of course, the hurdle the Chauvin defense has to overcome is, how can someone unconscious on the pavement continue to pose a threat to you? That is the challenge they face. And I think that's why we're not seeing many people, even in the law enforcement community, come out and support what they saw on that video, Wolf.

[18:10:00]

BLITZER: Let me ask Bakari if he expects the defense, once they start calling witnesses, to be able to call some police officers who would argue that Chauvin did, in fact, act appropriately?

SELLERS: I don't know the answer to that question, Wolf, because it seems like the whole Minneapolis Police Department has lined up to testify against Derek Chauvin.

They literally grabbed him by the pants and threw him over the blue wall. You just see officer after officer, detective, sergeant, the whole rank coming out to testify against him.

I'm sure that the criminal defense side can find at least one or two officers to come out and probably an expert to come out to say that his force was reasonable.

But one of the other things that I just have to mention briefly, Wolf, is that you're going to start to see an ugly phase of this trial. You heard a little bit of that tone and tenor today. You saw it last week. But you see it more today, where you talk about the size of George Floyd compared to Derek Chauvin, and then last week, where you had the black gentleman who was there.

You saw them attempt to paint him out to be angry. And one of the things they're going to have to do -- and this just triggered my thought -- Josh's comments just triggered my thought -- is, they're going to try to say that this crowd, not only George Floyd, but this crowd was a threat.

And they're going to attempt to build into some juror's mind this fear of that individual, this fear of that black man, the one that was on the ground and the one that was on the crowd and those members of the crowd.

So we have to watch that going forward. That's a criminal defense tactic that we will see going forward next week. And it's going to infuriate us all, but it's only meant to murk up the jury just that much more.

BLITZER: Well, let me ask Sergeant Dorsey.

What do you think about that?

DORSEY: Well, I absolutely believe it's true.

And I don't know why -- and maybe they will -- why the prosecution isn't paying more attention to Derek Chauvin's 18 personnel complaints. It's not like this guy is a choirboy. And, listen, he's got 19 years on the job. So, he's been around for a long time. He's been a miscreant for a time.

Everyone on that department knows exactly who he is from the sergeant (AUDIO GAP) first responder, to the police chief. They all know who he is. He grew up on that department with them.

And I don't know how they allow him to get to 18 personnel complaints and not pull him out of the field and have him ride the desk or put him in the kid room and give him a box of flares.

BLITZER: Well...

DORSEY: Certainly, was something else that could have been done.

BLITZER: Let me ask Paul.

Can they admit that information? Can that be admitted as evidence, his record?

CALLAN: It's very unlikely, Wolf, that that can get into evidence unless Chauvin takes the stand.

It might be used to impeach him if he took the stand, but I don't think he's going to take the stand and I don't think the jury is ever going to hear about those prior complaints.

This case is going to be decided on what happened and what's been depicted in those videos. And, you know, in the end the videos tell the whole story. We're going to hear a lot of this testimony trying to justify what the officer did, but nobody can view those videos without cringing and saying something very bad happened here. And that's the thing that the defense has to overcome.

It's a big mountain they have to climb to get an acquittal in this case.

BLITZER: Yes. Everybody suspects it's going to get ugly over the next few days. We will see what happens.

All right, guys, thank you very, very much.

Just ahead, I will speak with a lawyer for George Floyd's family about today's testimony in the Chauvin trial and defense efforts to limit the damage.

Also, we're going to break down the president's new announcements on COVID-19 vaccinations, as he warns the country is still, still in a life-and-death race against the virus.

(COMMERCIAL BREAK)

[18:17:26]

BLITZER: We're getting new reaction to today's testimony in the Derek Chauvin murder trial. The prosecution hammering home its case that Chauvin used excessive

and unauthorized force against George Floyd.

Let's discuss with Justin Miller, co-lead counsel for the Floyd family.

Justin, thanks so much for joining us.

How significant was it to hear so many members of the Minneapolis police force simply say, no, this is not what Derek Chauvin was trained to do?

JUSTIN MILLER, ATTORNEY FOR FAMILY OF GEORGE FLOYD: Yes, I think it was very significant, Wolf.

It showed us that even the professionals who do this every day know that this was wrong. Last week, we saw a lot of laypeople say the same thing. So, seeing all the people at the police department, all of the people who are trained in CPR and making sure someone is OK say the same thing, that really told us and shows us that Chauvin was very wrong and what he did was a serious, serious offense.

BLITZER: But two witnesses -- and I'm sure you were watching the whole thing, as I was -- two witnesses seemed to bolster some key arguments for the defense, that the crowd, for example, may have been distracting, that a suspect can become noncompliant at any point.

Was that a misstep, do you think, by the prosecution?

MILLER: I don't think so.

I mean, we're going to get into who was in the crowd. And I think we saw that last week. In the crowd, you had a couple of kids. You had a couple of older guys. I mean, these people were yelling because they saw who was happening right before their eyes. They saw a man being killed.

So, I think when you start get into the crowd and who was in the crowd and we can actually see the crowd, and not just the point of view of the crowd, we will be able to tell that the crowd was not as big of a threat as they're trying to make it out to be.

BLITZER: Yes, that's really an important point that you make, Justin.

The official who trained Chauvin testified that he should have started CPR immediately when George Floyd became unresponsive. How hard is it to hear that, especially the family members?

MILLER: I mean, yes, Wolf, imagine if that was your father or brother and you were listening to that.

The person who could have saved him, who was supposed to save him, whose job was to save him was sitting there smug with a smile on his face and his hand in his pocket, while his cohorts were keeping everyone away, anyone who could help, keeping them away and keeping him down. I mean, that's really tough. It was tough to watch. And I'm praying

for the family. I'm glad they got out there today and they were together and they were able to pray together, because that's really hard for us to watch, and we're not members of the family.

BLITZER: Yes, we saw them, the Floyd family, praying outside the courthouse in Minneapolis today.

Your colleague Ben Crump says they're coping with the psychological toll of this trial, which must be so enormous.

[18:20:05]

At this point, Justin, how much hope do you have about getting justice?

MILLER: Well, Wolf, I have said before justice is an amorphous concept, right?

If Derek Chauvin gets 30 years in jail, is that justice? George Floyd is still dead. If the family received some compensation for what they lost, is that justice? You know George Floyd is still dead.

And you put that all together, and what we have come up with and what we have is that George Floyd will never come back and their family member is gone. So, I think it will be the most justice they can receive if Derek Chauvin is convicted of these crimes, but it still won't be full justice, because you can never get somebody back.

BLITZER: Justin Miller, thanks so much for joining us. And we're, of course, going to stay in touch with you.

Appreciate it very much.

MILLER: Thank you for having me.

BLITZER: Coming up: Will plans to move up by the vaccine eligibility deadline make a real difference in Michigan, for example, as that state is seeing a surge in COVID cases?

There she is. I will speak one-on-one with the Michigan governor, Gretchen Whitmer. There's a lot to discuss.

Also, we're going live to California. Will that state really be ready to safely reopen in mid-June?

(COMMERCIAL BREAK)

[18:25:43]

BLITZER: Tonight, President Biden is touting more progress in the race to vaccinate Americans, even as he warns the nation to remain on a war footing -- his words -- war footing against COVID-19.

Let's go to our senior White House correspondent, Phil Mattingly. Phil, the president says all adults in the United States should be

eligible for a COVID shot by April 19. That's, what, about two weeks from now.

PHIL MATTINGLY, CNN SENIOR WHITE HOUSE CORRESPONDENT: That's right, Wolf, speeding up the eligibility, underscoring that tens of millions of new vaccine doses are coming online each week, but also, as you noted, making clear it is not time to call an end to the pandemic yet, urging patience as this process rolls out, but also caution as new variants spread across the country.

(BEGIN VIDEOTAPE)

JOE BIDEN, PRESIDENT OF THE UNITED STATES: This matters. People seeing you get the shot, it helps get other people to get the shot.

UNIDENTIFIED FEMALE: That's right.

MATTINGLY (voice-over): Tonight, President Joe Biden moving up the vaccine eligibility deadline in the race against the new pandemic spread.

BIDEN: By no later than April 19, in every part of this country, every adult over the age of 18 -- 18 or older -- will be eligible to be vaccinated. No more confusing rules. No more confusing restrictions.

MATTINGLY: The move to April 19 from May 1 underscoring the sheer scale of vaccine supply, Biden touring a vaccine site across the river in Virginia, touting the U.S. becoming the first country to administer more than 150 million shots, with more than 165 million total as of Monday night.

BIDEN: Yesterday, we crossed 150 million shots in 75 days, the first 75 days of my administration, on our way to hitting our goal of 200 million shots by the 100th day in office.

MATTINGLY: But also the palpable concern among White House officials in the race against the variants, with cases up for a fourth straight week.

BIDEN: There are more virulent, and they are -- some are more dangerous, but the vaccines work on all of them. So, the idea is, don't think that means you shouldn't get a vaccine. That increases the need to get one quickly, because that's how we're going to beat this.

MATTINGLY: All as the White House ramps up the push on its $2.25 trillion jobs and spending package, with an outreach blitz by Cabinet and top administration officials.

JEN PSAKI, WHITE HOUSE PRESS SECRETARY: They have been hard at work throughout the congressional recess, making calls to Democratic chairs and Republican ranking members of the relevant committees.

MATTINGLY: But even at this early stage, GOP support seems increasingly unlikely. SEN. MITCH MCCONNELL (R-KY): It would have to be completely recrafted in a way that was not going to engage in undoing the tax increase, have it credibly paid for, without running up even more of the debt.

MATTINGLY: Something senior White House aides tell CNN they're keenly aware of, making a procedural door opened up on Monday night all the more important, Democrats saying the Senate parliamentarian has given the green light to moving an additional major bill through the arcane budget process that allows passage with a simple majority vote, even as a senior Democratic aide acknowledged it was -- quote -- "a good first step," but with significant details still to be determined.

The White House, for now, leaving the legislative steps up to congressional leaders.

PSAKI: We will leave the mechanisms and the determination of the mechanisms to leaders in Congress. But, right now, less than a week after he announced the American Jobs Plan, our focus is on engaging with Democrats and Republicans, with staff, with committee staff, inviting members to the White House next week.

(END VIDEOTAPE)

MATTINGLY: And, Wolf, while moving up the eligibility deadline will certainly streamline the process across the country and allow millions of more individuals to become eligible, that also raises one concern for White House officials, one the president pointed out specifically.

That is the age group of those 65 and older, obviously the most vulnerable population when it comes to the pandemic, particularly as the variants spread.

At this point, administration officials say more than 75 percent of that group has received at least one dose, but the president making clear that is not good enough, imploring individuals 65 and older to get vaccinated now, recognizing that the line is going to grow increasingly long as the eligibility opens up, and not just imploring seniors, but imploring family members, friends.

[18:30:03]

If you know somebody who's 65 and older that hasn't gotten the vaccine yet, make the call. As the president said, the time is now to get vaccinated, Wolf.

BLITZER: Yes, these are life saving decisions folks have to make. Phil Mattingly, thank you very much from the White House.

Let's head out to California right now and the state's new plan to fully reopen, fully reopen its economy by mid-June. Our National Correspondent Nick Watt is in L.A. for us. Nick, so what are you learning about the reopening of the state?

NICK WATT, CNN NATIONAL CORRESPONDENT: Well, Wolf, California has a date, June 15th the governor says he is pretty confident this state will be able to reopen for, as he puts it, business as usual. Now, this is a big deal because California, if you remember, was the first state to implement a statewide lockdown due to COVID. That was more than a year ago. The state has also suffered more cases, more deaths than any other state. But today, it's all optimistic cliches, business as usual, light at the end of the tunnel. If case count remain low, and the vaccine supply remains high, then the governor says, June 15th, there will be no more COVID blueprint, no more confusing red, orange tiers. Take a listen to the governor.

(BEGIN VIDEO CLIP)

GOV. GAVIN NEWSOM (D-CA): We're seeing death rates, mortality rates go down. We're seeing case rates stabilize. We have the lowest case rates in the United States of America.

(END VIDEO CLIP)

WATT: Now, of course, Governor Newsom, like many other governors around the country, has been under some political pressure to reopen, but today he said he is sticking with the science and the science says things are looking good. Wolf?

BLITZER: But, Nick, this doesn't mean -- let me repeat this, it doesn't mean that masks are going away in California, right?

WATT: Absolutely not. Masks, he made explicitly clear, are staying. You know, for months, we've been listening to experts saying that masks are actually our best way back to normality. We can live pretty normal lives if we are masked.

And, you know, the governor also made it clear that this is not mission accomplished, as he put it. He said that the virus has been suppressed. It has not been beaten and there will be challenges ahead. He is, as you mentioned, Wolf, sticking with the masks, but he's going to reopen business. Wolf?

BLITZER: Interesting. All right, thanks very much Nick Watt in L.A. for us.

Let's go to Michigan, right now, that state hit by one of the worst COVID-19 surges in the country right now. We're joined by the Michigan governor, Gretchen Whitmer. Governor, thank you so much for joining us.

Cities in Michigan account, we're told now, for seven of the ten worst coronavirus outbreaks in urban areas in the U.S. right now. We got a chart, we could put it up on the screen. What do you say to your critics who say the policies you've imposed there in Michigan are at least in part to blame for this?

GOV. GRETCHEN WHITMER (D-MI): So, Michigan, unlike a lot of states, we still have a mask mandate. We still have restrictions on gatherings. I mean, we've not dropped our guard the way that many other states have. One of the issues is, though, we were able to really push our infection rate down so low for such a long period of time now that variants are present here. We have lots of people that don't have antibodies because we were successful.

And now this is why it's so important that the nation surges some vaccines here. This is why it's so important that we continue to move forward in getting the population vaccinated, getting people masked up. But travel, variants, people with antibodies because we were so successful in the early days, on top with the natural fatigue that comes a year into this is making our jobs a lot tougher and that's why we have to keep pushing through to vaccinate the people in this state.

BLITZER: Would you see it getting better anytime soon or is it going to continue to get worse?

WHITMER: Well, right now is spring break, Wolf, and a lot of people are traveling. This is when a lot of snowbirds come home from Florida. We have gotten 4.7 million shots in arms. 25 percent of our population is fully vaccinated at this point in time. I went and got my vaccine today with my oldest daughter, because now everyone is eligible in Michigan.

And so we're doing incredible work on that front. But the virus is still a very real threat. And that's why we cannot abandon these protocols that keep us and our loved ones safe.

BLITZER: I'm glad you and you daughter got those shots today, really, really important. And we got our picture we're showing our viewers right now, picture from, you're governor's office, showing you getting the shot. Just today, as you heard California announcing the governor there, that it will reopen the state on June 15th. Do you see Michigan being able to make a similar announcement any time in the near future?

WHITMER: I think it's very possible that there is a path out of -- a lot of the orders that we've had issue to keep people safe.

[18:35:05]

But it all depends on getting to that 70 percent number of people who are eligible vaccinated. I think that's the key to returning to some normalcy.

We have -- we're moving very quickly. We're grateful for the partnership from the Biden administration. But we've got to do more and we're going to continue to grit our teeth and do the hard work of getting people vaccinated. And if we're successful and people come in and do their part, we could very well be in that position this summer.

BLITZER: You know, you heard Dr. Fauci suggest today that team sports are actually a bigger driver of coronavirus infections than classroom learning. We're talking about young people in school. I know your state has implemented some safety measures for youth sports. Should Michigan suspend sports in schools while you work to get this current surge under control?

WHITMER: So we did suspend sports for quite a while and, of course, there was a heavy effort to come to our state capitol to protest that. We thought with these additional precautions in terms of increased testing, increased ability to have these safety protocols, decrease numbers of people that can attend these events, that we would be able to do this safely, but we are seeing the spread continuing in teenage sports.

And frankly, it's something that we're very concerned about, and that's why we're doing even more testing and possibly going further than we have. But it is a contributor. And our goal is to resume some normalcy and get our kids back in class. This may be one area that we've got to do more on.

BLITZER: So what you're suggesting, get them back in class, in-person learning, but maybe cut back a bit on the team sports in high school, is that what I'm hearing?

WHITMER: Well, as a parent, I can tell you, my number one concern is the education of our kids. That's what school is for. School sports are an important part of that, but secondary to academics.

BLITZER: Governor Gretchen Whitmer, good luck to you. Good luck to everyone in Michigan. We're watching very closely and hope for the best. Thanks so much for joining us.

WHITMER: Thank you.

BLITZER: Just ahead, I'll ask the NAACP president, Derrick Johnson, about Major League Baseball's decision to move the all star game from Atlanta to Denver in protest of Georgia's new restrictive law.

And also ahead, congressional leaders announce fallen U.S. Capitol Police Officer William Evans will lie in honor in the Capitol rotunda next week.

(COMMERCIAL BREAK)

[18:40:00]

BLITZER: Major League Baseball now says this year's all star game will be played in Denver, Colorado, after it pulled the game from Atlanta, Georgia, over objections to Georgia's new restrictive voting law. Here is what President Biden just said a little while ago about the decision.

(BEGIN VIDEO CLIP)

JOE BIDEN, U.S. PRESIDENT: It is reassuring to see that for-profit operations and businesses are speaking up about how these new Jim Crow laws are just antithetical to who we are. There's another side to it too. The other side to it to is when they, in fact, move out of Georgia, the people who need the help the most, the people who are making hourly wages, sometimes get hurt the most.

(END VIDEO CLIP)

BLITZER: Let's discuss with the president and CEO of the NAACIP, Derrick Johnson. Derrick, thanks so much for joining us.

First of all, what message is Major League Baseball sending with this decision to move the all star game from Atlanta to Denver?

DERRICK JOHNSON, PRESIDENT & CEO, NAACP: Well, they're clear. They support democracy. They support equity and fairness. And what we have witnessed in the state of Georgia, as we are witnessing across the country, is a GOP-led power grab where elected officials are trying to select their voters as opposed to voters selecting their elected officials. That's something that we should not tolerate. That is pre- 1965 tactics that was used so broadly across the south.

BLITZER: But you also just heard President Biden saying, yes, he supports these companies that make those important decisions but it often hurts the hourly wage workers. They get hurt the most. The Atlanta mayor, Keisha Lance Bottoms, who you know, Stacey Abrams, who you know, they have made similar arguments. So how do you protect the right to vote and at the same time have the ability for a lot of these folks to make a living, especially during this COVID pandemic?

JOHNSON: Well, that's the consideration that the governor and members of the legislature should really take into account when they seek to undermine and subvert democracy. This is not about their ability to get reelected.

This should be about the citizens of Georgia. And so when they make these decisions, corporate America also has decisions to make. And I hope in the future they will balance between the care of their citizens of the state as opposed to their political power grabs.

BLITZER: But so, you agree with Major League Baseball's decision to move the game out of Atlanta and move it now to Denver?

JOHNSON: You know, the only way we're going to be able to protect our way of life, this democracy, to ensure we have a representative approach to how we govern is to hold elected officials accountable. And if voters are being disenfranchised, if the courts are not holding individuals accountable, corporate America must also step up.

So I absolutely support Major League Baseball move -- support all of corporate America to say to the GOP that you cannot subvert democracy.

[18:45:04]

You must allow equal protection under the law to be afforded to all citizens.

BLITZER: Some Republicans are arguing against Major League Baseball's decision by claiming Colorado's voting laws are more restrictive than Georgia. We've done a fact check.

Daniel Dale, our CNN fact checker, has done a check of that. It's not true.

What's your response?

JOHNSON: Well, oftentimes, you know, you will find, like the Georgia governor trying to reflect and talk about the other 49 states. No. Be the governor of the state of Georgia, comply with the U.S.

Constitution. Make sure elections are open and accessible to all citizens and allow the voters to choose what's in their best interests and stop trying to choose what voters you want to be in line to reelect him in the future.

BLITZER: I want you to listen to Republican Senate Majority Leader Mitch McConnell who says it's stupid, stupid business to do what Major League Baseball, some of these other big companies are doing. Listen to this.

(BEGIN VIDEO CLIP)

SEN. MITCH MCCONNELL (R-KY), MINORITY LEADER: Republicans buy stock and fly on planes and drink Coca-Cola too. So what I'm saying here is I think this is quite stupid to jump in the middle of a highly controversial issue, particularly when they're got their facts wrong.

I'm not talking about political contributions. Most of them contribute to both sides. They have political action committees. That's fine. It's legal. It's appropriate. I support that.

I'm talking about taking a position on a highly incendiary issue like this and punishing a community or a state because you don't like a particular law they passed? I just think it's stupid.

(END VIDEO CLIP)

BLITZER: What do you think, Derrick?

JOHNSON: I think he refused to accept responsibility. This is about making sure the administration of our elections would allow voters to fully participate, not creating barriers, not erecting scenarios where people can be criminalized, not -- preventing individuals to provide water or to ensure that we have open, accessible elections.

We fight wars abroad on this issue. We must take a hard stance in the United States, in the state of Georgia, across this country to make sure democracy works for everyone, not just some people.

BLITZER: Derrick Johnson, thanks so much for joining us.

JOHNSON: Thank you.

BLITZER: Coming up, the latest on the investigation into the deadly January 6th Capitol insurrection as we learn that the Capitol police officer who lost his life in last week's attack will lie in honor at the U.S. Capitol Rotunda.

(COMMERCIAL BREAK)

[18:52:21]

BLITZER: Tonight, a recognizable defender in the Capitol riot investigation is in advance talks aimed at cutting a deal.

Let's go to Brian Todd.

What are you learning, Brian?

BRIAN TODD, CNN CORRESPONDENT: Right, Wolf. Well, this afternoon, some 10 people were associated with the far-right group, the Oath Keepers, were on court. and we do have new information tonight on one person tied to that group who could be pretty far along in the process of cutting a deal.

(BEGIN VIDEOTAPE)

TODD (voice-over): Jon Schaffer was hard to miss on January 6th, supporting a long white beard and a hat that red Oath Keepers lifetime member. He was highlighted in footage from impeachment managers, rushing into the Capitol. He allegedly charged at police officers.

Court proceedings indicated that he wore a tactical vest and carried bear spray. Now, in a new court filing that was intended to be kept secret, prosecutors have revealed that the 53-year-old Schaffer is closer to a guilty plea deal than any other criminal defendant in the Capitol attack investigation.

ELIE HONIG, FORMER STATE AND FEDERAL PROSECUTOR: This is a typical way for federal prosecutors to build a case. You start sometimes with the lower ranking people and then you slowly build up the chain often by flipping them or getting them to cooperate against one another. So, I would expect to continue to see this case grow and expand.

TODD: Schaffer is a guitarist for the heavy metal band, Iced Earth.

JON SCHAFFER, HEAVY METAL GUITARIST: My name is Jon Schaffer. I'm from Indiana.

TODD: At a stop the steal rally in November, Schaffer was interviewed about the presidential election by the German newspaper the "Die Wilt".

SCHAFFER: People need to wake up in snap out of the matrix because they're going down. They're messing with the wrong people here, trust me on that. Open fraud, open theft because now we see you and you're going down, mark my words.

TODD: In court, Jon Schaffer has distanced himself from the far-right anti-government group the Oath Keepers, even though he wore that hat declaring himself a lifetime member.

PROF. CYNTHIA MILLER-IDRISS, EXPERT ON EXTREMISM, AMERICAN UNIVERSITY: It is hard to disentangle how actively engaged they were. But, of course, it also served the interests of individuals to try to disavow themselves from these groups at this point, now that it's clear that there are, you know, actual charges.

TODD: Meantime, CNN has learned that one defendant in the Capitol riot, Jennifer Heinl from the Pittsburgh area is married to a detective on the police force of Shaler Township Pennsylvania. A detective who was also a member of the FBI's Violent Crime Task Force in Pittsburgh.

That information comes from Shaler Township Police Chief Shawn Frank, who tells CNN that the defective did not go with his wife to Washington for the January 6th events, and asked her not to go. Jennifer Heinl faces charges, including violent entry and disorderly conduct. Documents obtained by CNN indicate her husband filed for divorce, more than a month after the Capitol attack.

HONIG: It's not uncommon on criminal cases to see real stresses put on relationships, including between families.

[18:55:05]

Even if just one person in the family gets indicted in something like this, it can have a collateral consequence on spouses, parents, children.

(END VIDEOTAPE)

TODD (on camera): Jennifer Heinl's attorney tells CNN she's not a criminal and was not violent on January 6th.

Meanwhile the family of U.S. Capitol Police Officer William "Billy" Evans, who was killed in that attack on the Capitol last Friday, has just issued a statement saying in part, quote, Billy was the best father, son, brother and friend anyone could ever hope for. His death has left a gaping void in our lives that will never be filled. The absolute most important thing in his life was his two children. Their dad was a hero long before the tragic events of last week.

We have also just learned that William "Billy" Evans will lie in honor in the Capitol Rotunda -- Wolf.

BLITZER: Our hearts go out to his family. Brian, thank you very much.

More news right after this.

(COMMERCIAL BREAK)

BLITZER: I'm Wolf Blitzer in THE SITUATION ROOM. Thanks very much for watching. You can always follow me on Twitter and Instagram @WolfBlitzer. You can always tweet the show @CNNSitRoom.

"ERIN BURNETT OUTFRONT" starts right now.