you are live in the cnn newsroom and i'm jessica dean. breaking news right now on cnn, brand new information about a fiery plane crash in southern louisiana. we know at least five people are dead and cnn is now learning some details about those victims. this is la fayette, louisiana, a twin engine private plane crashed and caught fire, five people on board killed. correspond to a tv station in new orleans, wdsu, a member of the station's on air sports team was one of the victims, sports reporter carley mccord. she is the lawsuit in law of a football coach at lsu, a team playing in the peach bowl today

in atlanta between lsu and amanda's mom's appointment oklahoma. and that plane was scheduled to just got rescheduled - for today. fly to atlanta. you now, the crash happened amanda needs right at home. shortly after 9:00 a.m. local our customized care plans provide as much - or as little help - as her mom requires. time. the twin engine private plane had just taken off from la whether it's a ride to the doctor or help around the house. fayette's airport when it went down and caught fire in a field near a busy road about four oh, of course! miles away. tom, i am really sorry. i've gotta go. of the six people on board the look, call right at home. plane, five were killed. we'll talk about the weather get the right care. right at home. conditions at the time of the crash in a moment, but also we do know that the airport was reporting dense fog throughout the morning. a few minutes ago, i spoke with a woman who saw the plane go down. >> what happened was i was just outside and i saw this plane coming in. and it was really low to the ground. and it was shaking. and i didn't really -- it looked like it was coming to land. and then it just skidded through the parking lot at the post office and then exploded. there was like a big wave of

fire that just pummeled down the yard. and it was just horrible. >> yeah, it had to be incredible to see and probably just so jarring to see. what did you notice about the plane as it was crashing, did you see were the wheels -- was it trying to fly level or did you hear engines? >> it looked like that it was just coming down it land. it looked like it was having a bit of trouble like it was really shaky. but it looked like it was just really coming down to land to try to make like a safe landing. >> so it looked like a plane would normally, like coming down level. and when did it -- when it krshkrsh crashed on impact? >> whenever it hit the concrete, it just skidded. and then it was just a big explosion. >> and tell us a little bit about that area where you were, where the plane crash happened. what does it lack like there, are you seeing homes, businesses, a lot of cars? what is it like there? >> a lot of cars is and then i

just know that they took one guy from the plane and took him out from the fire and like saved him. and he was burnt really bad. like police clothes a his clothes and everything was ripped. and i never seen something like that. just the fire and cars and people trying to save the people the new york police department is ramping up patrols that were in the fire. in several brooklyn neighborhoods after at least >> and obviously just a horrible eight possible anti-semitic hate crimes just this week. thing to see. that is according to tweets in hea heartbreaking for the families of the victims. but also for you, listen, it is bill de blasio. not normal to see something like he says police will also that happen. how are you feeling after kind increase visits to houses of of witnessing all of this, is it worship and other critical areas replaying in your mind? >> oh, yeah, very much so. adding that anti-semitism will it was just -- it was a lot of be confronted head on. and polo sandoval is joining us anxiety and just freaked me out, i was shaking on bad. now. and a string of incidents took like i didn't know -- it was kind of like you watching a movie but in real life. place during hanukkah. >> and that was alexis weststar, what else are you learning? thanks to her.

it was a twin engine paper made >> and you say sand i sat here to carry eight passengers. yesterday and talking about six i spoke to the former head of the ntsb about what federal incidents and now the number is investigators will be looking closer to eight. for fisrst. and very telling. >> ntsb and faa have a standard procedure. they will look at the pilot, and when you see the video that was he appeared to be a very released by authorities, by experienced certified pilot. investigators, it basically they will look at the company, shows a man in brooklyn, this it looked to be a well-known and shot on the 25th, this man well thought of charter company. they will look at the aircraft, confronted by an individual in the hoodie and he is punched and whether there has been any the suspect flees. maintenance on it, what kind of officers trying to track him down, a very similar incident took place the day before where maintenance has been performed over past year, whether all the air worthiness directives that another jewish gentleman in the traditional religious jewish clothing was approached by govern special maintenance were followed. several suspects and then hit the weather looked a little overcast, but nothing too there. so investigate tr toors are try challenging if the pilot was ifr track them down. and it really begs the question certified, which i understand that he was. and then they will look at the why happening right now engine and see how the engine especially as the jewish to th performed. there was an eyewitness report that said one of the engines was smoking and this was a turbo

charged piper about almost 30 anti-defamation league and they said -- they are confident that years old. they will look carefully at the engine. it is not -- i'll let you listen 30 years old is not old for one of these types of planes. to what they believe are but they will look carefully at multiple factors. the maintenance on those >> housing issues, unfortunately engines. >> and tell me, you mentioned it old stair joe types that are now is the piper cheyenne is the plane that crashed here. rising up again around money and what do you know about that particular type of plane, do we power. also unfortunately are dealing know anything about its safety record specifically for that model? with people who are mental >> yeah, it is part of a family illness instead of being able to of two engine planes, the hold back on their aggression or lashing out, we're seeing that more and more wasted on our broader family piper probably talks with the nypd. made 5,000 of them. >> and so groups are in close of this specific type, maybe contact with the nypd.wasted ons 450. they are considered workhorses. with the nypd. >> and so groups are in close contact with the nypd. but they have had some problems with their engines over the years. they need -- that will be looked at carefully. but it is a good solid aircraft. it was just about 2 1/2 weeks and it is a workhorse in the ago where they had the deadly charter industry. >> and the visibility at the attack on the company sukosher . airport this morning was less than a mile because you and so police are not taking any chances. mentioned that there was dense >> polo sandoval, thanks for following this for us.

and still to come, we'll fog there. in those conditions, who makes visit a mississippi town that the call a go or no go, is that has not been the same since a massive immigration raid this the pilot, air traffic control? summer. the family is now without work >> well, it is the pilot's call and living in fear. first and foremost. you're live in the "cnn and charter pilots understand newsroom." that one of the great things that you have to avoid is get thereitis. people that chartered the plane want you to make the mission and their responsibility is to weigh everything to see whether it is appropriate to take off. and this guy was an experienced pilot. and it looked to me from the videotape that the visibility looked to be upwards of three quarters of a heil tomile to a . so not particularly challenging. and i'm sure that they waited for a while until it was appropriate to take off. >> weather conditions at la fayette regional airport were listed as foggy throughout saturday morning. and for more, let's go to gene

more man. what can you tell us? >> well, there was low visibility because of that fog and even as early as 7:00, 8:00 in the morning, three quarters of a mile until just a couple hours ago when the fog began to lift. warm humid air is in place across a good part of the southeast being drawn inland of course when the warm air cools at night, that is when you get the fog forming. things are breaking up right now, but there could be more fog east of there tomorrow. this same air mass was part of the reason that we had the dramatic pictures coming out of lubbock a couple days ago. but the yhumid air feeding intoa storm system. any kind of combination of bad weather, including snow and ice in sections of minnesota, even denver seeing their first snow of this month of december as we end the month. about 15 million people under some kind of winter storm

warning, even an ice storm warning in sections of southwest minnesota. in addition on the southern part of that system, with that warm air being drawn out of the gulf of mexico, there is severe thunderstorms potentially developing later on this afternoon. no warnings in effect right now, but you do he see lightning there and that system as it a mississippi town is still moves east could produce damaging wind gusts and even reeling months after one of the largest i.c.e. raids in u.s. isolated tornadoes that you see history. nearly 700 workers were swept up here in portions of missouri, in the operation back in august. and many families thousand live oklahoma and arkansas. in fear that another raid is that whole system gets on the move slowly tomorrow and look at coming. cnn's nick valencia has that all the rain and showers and thunderstorms. in addition to that, there will story. be a lot of low clouds and more visibility. so if you have to drive anywhere in the southeast, keep those low >> reporter: like so many beams on and be prepared for others, sophia is worried. she used the money she saved to dense fog to develop along with buy this mexican market. those storms. a mess in the middle of the but thousand with business crippled by the i.c.e. raids in country, hopefully folks can and august, she doesn't know if she a half of gate. will be able to keep it open. it is a tragedy what happened in louisiana as they continue to she's had to cut the hours of her employees. investigate, but weather was not

ideal for flying. >> heartbreaking conditions. gene, thank you so much. with just 37 days now until the iowa caucuses, former vice president joe biden is wrapping up a two day swing through the state. and it comes after a comment latinos make up nearly a quarter that has gotten a lot of attention, biden telling the of the residents in morton, "des moines register" that he mississippi, but looking at the would not comply with a subpoena streets, you wouldn't be able to tell. as rumors spread of another raid, most have chosen to spend to testify in trump's their days in hiding. impeachment trial if served with one, but today he clarified in the nearly four months since the raids on chicken processing saying he would do whatever is legally asked of him, but didn't plants across six mississippi think that it would come to cities, miguel's wife is among that. republicans have called for biden and his son hunter to the dozens still detained. leaving him to care for their testify. and maeve reston is joining us three children alone. their daughter was just four from iowa. talk about biden and these months old when it happened. comments. it sounds like he spent the last she was still nursing. 24 hours clarifying a lot of them. she cried and cried he says of >> reporter: yeah, jessica. and he certainly does not want to be talking about this topic his baby. i had to keep fighting for her. here in iowa. but what he was really trying to he is physically and mentally emphasize today is that he does not think that there is any exhausted. recently she signed voluntary legal basis for a subpoena for

him to testify in an impeachment deportation orders. soon the family will be reunited again, but not in the united trial. what he said is that he has no states. more knowledge of the president's interactions with the leader ofn any it is not that it was hard, it random person on the street. still is hard. he says the financial burden of but he was pressed in the press being a sole breadwinner and now gaggle about whether or not he would in fact comply with a sole caretaker. those who were released were let subpoena. and let's take a listen to what go on the condition that they couldn't work and that makes it he said. >> i don't think that that will pretty hard to pay the bills which means that they have had happen. let's cross that bridge when it to rely on the kindness of comes. i would in fact abide by others, including churches like this one. whatever was legally required. but even they don't know how much longer that it will last. i always have. this is a trial that relates to sheila had only been pastor at donald trump's behavior. this church in horton for four did he violate the constitution. week when the raids happened. and her life and her church have been consumed by the event every pure and civisimple. since. >> we're probably helping 110, i'll do everything that i can to make sure that says the focus. >> thank you, sir. 115 families. paying bills is expensive temperature so far the money >> reporter: so obviously he wants to move on to these other topics that he has been talking we've spent is around $151,000 since the first week. about. climate change, health care, and every day it is just facing the his more centrist place in the same sort of despair and

presidential field and how feels wondering what is next. that he can bring the country together. definitely wants to move away from the topic of impeachment. >> reporter: even the mayor >> yeah, and it is interesting, tells us the plant raided accounts for 45% of the city's i followed the biden campaign revenue, a business powered by latino labor. but he says latinos are still and it is sometimes striking that maybe what we are talking about is not what they are talking about in the town halls welcome in morton. as you were just expressing. >> you should have compassion. but when i was there, people >> reporter: and for the latinos still left, the life they once were still shopping around, seemed to be pretty fluid in terms of people still seeing the saw for themselves may no longer candidates. do you get the impression yet that the support is -- people exist. nick valencia, cnn. are making the final decisions or are they still in the going >> initially an i.c.e. official back and forth mode? said that it was part of a >> reporter: it is so interesting. broader criminal investigation i was here a week ago as well that goes after companies that and there was more indecision employundocumented labor and than i could remember. that is now in the hands of the but at biden's events today, i did talk to a lot of the people who said that they are almost 90% of the way towards court. supporting him. kind of coming back around to that will do it for me here what they see as a comfortable in the cnn newsroom. and it is time to hand it off to safe choice at a time when they ryan nobles in washington, d.c. are really worried about with the very latest now on the

defeating president trump. plane crash in louisiana. so that is the closing argument that he is trying to make here. >> all right. maeve reston, thanks so much for taking the time. jessica, thank you. and we are not done with our breaking news tonight, a stunning tragedy on the night democratic presidential the number one team in college hopefuls. after the break, andrew yank football plays its biggest game of the year. will be joining us live onset. we have just learned that the ffrts daughter-in-law of one of lsu's coaches was among five people killed when a small plane crashed in dense fog in la fayette, louisiana this morning. carley mccord works as a sports reporter for our affiliate wdsu, and she was traveling to atlanta to watch the game. that is where her father-in-law is coaching tonight. the governor of louisiana john bel edwards expressing his condolences four others injured in the accident, three of whom were on the ground. the cause of the crash is still

in a tash ya ch natasha chen is near the crash site. and what are officials saying about their investigation? >> reporter: i just got off the phone with the ntsb and they are in the process of launching a team to come here. so they are not on the ground yet but there will be some of the investigators arriving people were afraid i was contagious. today, some arriving tomorrow so i felt gross. it was kind of a shock after i started cosentyx. not likely to get much four years clear. information until tomorrow. and i want to step aside and real people with psoriasis look and feel better with cosentyx. give you a look at what we are looking at here on the scene. don't use if you're allergic to cosentyx. before starting, get checked for tuberculosis. because it is devastating to see an increased risk of infections the parts of the plane scattered and lowered ability to fight them may occur. tell your doctor about an infection or symptoms, throughout this parking lot. you can see some first if your inflammatory bowel disease responders still standing by symptoms develop or worsen, sort of guarding the perimeter. or if you've had a vaccine or plan to. serious allergic reactions may occur. but what you are looking at is a ask your dermatologist about cosentyx. today's senior living communities have never been better, with amazing amenities like movie theaters, exercise rooms and swimming pools, public cafes, bars and bistros

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. one democratic presidential candidate is vowing to overprchlg in tove overperform in the iowa caucuses. andrew yang is here with us. thanks for coming in on a holiday weekend. >> great to be here. >> and before we get into the race itself, you just celebrated the holidays and christmas and all that. what did you -- did you talk politics at your holiday table? >> i think christmas was a politics-free day.

we figure no one wanted to hear from me that day, so i had the day with the family and -- >> did they want to hear from you? >> they did not want to talk about the campaign. my boys have no idea what i'm doing. they are 7 and 4. >> so still little. i'm glad you got some family time in. of course the iowa caucuses coming up and you pre-difficult that you will do well. >> yes. >> you think that you will overperform. is it still not make or break? >> we'll do well this iowa, but i just came from south carolina where the energy is growing. i'm heading to new hampshire to celebrate new year's. and we're really strong in new hampshire. so iowa is pivotal, but we're seeing strength in all of the early states. >> and so what are you -- from a fundraising perspective? i mean if you don't come in the

top four or five, that won't start to dwindle and narrow the field a little bit? >> anyone looking at the campaign sees that we have some of the strongest support from people on line oirline, we rais million last quarter and that support is resilient because the yang gang has been with us from the beginning and they want to see it through the spring. >> and is there is a state that is really the one that you are going -- this is it, this is my line in the sand or are you open to -- >> well, i think that we'll do really well in new hampshire. i think that we're striking a powerful chord there. but i can't wait for the super tuesday dates because california, texas, we've had thousands of people come out for the campaign in each of those places. i think that we will shock a lot of people come february and march. >> and it is interesting to remember that in democratic

primaries, it is not winner take all with delegates. so on it does become a math game in terms of collecting delegates. >> of course. >> you do have to hit a certain percentage though. and that next debate in iowa is in january. why not is going to host it along with the "des moines register." and now at this point you have not qualified under the dnc's tougher criteria. if you don't make it in, this will be the first time you won't have been on the debate stage, what will that mean for your campaign? >> we're very confident that i'll be on that stage in january. i love it when cnn moderates a debate. i'm looking forward to it. but we've already exceeded the donor threshold. and we have one of the qualifying polls. and as soon as they start running polls in the early states, people will see that we're above the threshold needed to qualify. so i'll be on that stage. >> and you think looking forward you will keep showing up on the stage as we move down and the field begins to winnow. in the last debate, you said it was an honor and disappointment

that you were the only nonwhite candidate on the stage. obviously we haven't had an historic field of candidates. what do you make of where we are right now? >> well, i said it on the debate stage, our politics reflects the disposable income of our citizens. and if you have disposable income, you are in the less than 5% that donate to a campaign. so that influences the kind of people that make to the debate stage in the later months. but we expect to be the lone candidate of color unless cory joins me. i was a little surprised that the dnc elevated their threshold. i thought that they would keep it the same. >> and i want to talk to but that threshold. the very fair and transparent process and said a year ago that thequalification would go up

and not one campaign objected 37 they say that they are trying to make it as fair as possible. >> and i've had absolutely no issue with the dnc's thresholds throughout. they have actually been very fair and transparent like they said. i was still surprised that they elevated it for january because i thought that they wanted to give cory a path back to the stage to have more representation on the stage and the only concern i have is that they haven't been running many polls in part because of the holidays. so it is difficult to have a higher threshold when there aren't that many polls in the field. >> and cory booker's campaign and the rest of the field came forward with this letter asking the dnc to do away -- to go back to some of the earlier thresholds. and your campaign did sign on to but i was told by a source that some campaigns were saying hold the line because we like the thresholds, they are working for us. was your campaign one of those?

>> no, cory and i are friends. i was eager to have cory on the stage. i'm eager to have cory rejoin us on the stage in january. and so i can't speak for the other campaigns, but our communication has been sincere. >> and i want to turn -- you were here when we were talking about joe biden. this afternoon he clarified his position on what he said to the "des moines register" yesterday. he had said yesterday that he wouldn't participate in a subpoena to testify, and today he said that he will do whatever is legally asked of him, that he just doesn't think that -- he was making the broader point that he doesn't think that it will get to that point. if he is subpoenaed and begin, a big if, do you think that he should testify? >> i would take joe at his own word. he said that if he gets subpoenaed, then he would naturally comply. that seems like the right approach. >> and impeachment hovers over 2020. i mean, so many times -- i'm out on the campaign trail and you are talking to voters, they are

not necessarily asking you questions about impeachment but it is driving the you news cycles. how does that affect how you campaign and move forward with your message?how does that affe campaign and move forward with your message?cycles. how does that affect how you campaign and move forward with your message?how does that affe campaign and move forward with your message? >> my experience is the same. they are not fixated on the impeachment. so we have to creative a new way forward and present a strigs of a 21st century economy that works for people. to me that is where my attention is as a candidate. i wish that the media was making that case more consistently to the american people rather than having all of its eyes on d.c. >> but president trump does do a very effective job of driving the narrative, of really taking up a lot of the news cycle. and you all are really forced to kind of reckon not only within your own party and competing against each other, but also with him before you even get to the point where you have a democratic nominee. >> what i've said is that

anytime we're talking about donald trump, we are losing and he is winning. he is a creature that thrives on attention. and for better or worse, generally for worse, the media networks have found that talking about donald trump drives ratings. and so you have this cycle of coverage and controversy that crowd zs out the chance to crea a positive image. and that is where my attention is. >> but he is the president. >> i don't blame people because it is historic. he is the president. >> and before we go, speaker pelosi is holding on to the articles of impeachment. they are trying to kind of hash out what this that will be like in the senate. do you think that is what she should be doing? >> nancy has been driving this entire process. she is very savvy. if she thinks that is the right approach, i'm sure she's on point. >> andrew yang, thanks so much. enjoy your new year in new hampshire. we appreciate you making time. and what a difference two decades makes. that was the last time democratic senate chuck schumer

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its that been ten days since president trump became just the third u.s. president to be impeached. in his speech on the senate floor, chuck schumer took time to slam mitch mcconnell for his comments on his role in an impeachment trial. >> the republican leader said proudly, quote, i'm not an impartial juror. i'm not impartial about this at all. this is an astonishing admission of partisanship.

>> however 20 years ago, schumer seemed to be singing a different tune. here he was in 1999 on "larry king live." >> this is not a criminal trial, but something that the founding fathers decided to put in a body that was susceptible to the whims of politics. and it is not like a jury box in the sense that people will call us and lobby us. you don't hahave jurors call an lobby. i mean, it is quite different than a jury. >> with me now is the senior he had it, andrew cakaczynski. what else did you find in your investigation? >> and so we found a number of instances where schumer made similar comments to the ones we just splay played whe played wh that you come in with pre-opinion, people can lobby you. the context is actually really interesting. schumer in 1998 was still in congress in the house, and he

actually voted against impeachment both in the full house for their vote and the judiciary committee. when he was running for senate, he ran very hard against impeachment. he said i'm not going to vote for impeachment, i'll vote for acquittal and he attacked his republican opponent in the senate at the time saying that he won't tell us where he stands, everybody in america has got a view, and he is the only person who doesn't. so when schumer gets to the senate, takes office in january of 1999 and starting the impeachment trial, he was talked by the rnc and people who said that how can chuck schumer be a juror in this trial when he has already said how he is going to vote. and that is where we saw schumer came in saying, you know, the senate is actually not like jury and when it did come time to vote, he voted to acquit clinton like most democrats and he said

that he had made up his mind five months earlier in september of 1998 in the middle of the campaign and he voted in the house. so he came into this, you know, like you said sort of with his mind made up on sort of the facts of the days. >> and has the senator responded to any of this? >> so what his office told us is that they argued that the quotes that we put there from senator schumer came after the starr investigation had been completed and they made the case that the facts were already out there, we hard heard from the witnesses and that they basically said now mcconnell is withholding the witnesses and evidence from us. so he argued that it was a different circumstance. >> interesting. all right. andrew, great work. thank you so much. still ahead, new york's police are stepping up patrols after what appears to be a series of anti-semitic attacks. why police are concerned that there might be a pattern.

a tragedy on the night the number one team in college football plays its biggest game of the year. we've learned the daughter-in-law of one of lsu's coaches was among five people killed when a small plane crashed in dense fog in la fayette, louisiana. at the time carley mccord who works as a sports reporter for wdsu was traveling to atlanta to watch the game where her father-in-law is actually on the sidelines tonight coaching for lsu. for more on the crash and the investigation, we go now you to natasha chen who just arrived on scene. we've also learned the youngest victim of the five was just 15 years old. what else do you know? >> reporter: yeah, this is really heartbreaking because as you were talking about wdsu lost one of their sports journalists today. and she is one of five people killed in this crash. and what we're seeing on scene

is really devastating because this plane is in pieces across the field and it landed just beyond right there behind those trees that you can see. let me step aside and give you a better view of what is going on. if you can see right directly in front -- at the end of that parking lot, you can see a turned over car right there that is completely burned. so that is the type of wreckage that this created when it impacted with this area. and of course this is a post office to our right right here, you see the damage to that building. i'm not sure if it is entirely visible, but there is now a boarded up window at the front as part of this damage here and there is still debris on the ground. we're seeing a lot of emergency services standing by around the perimeternd we're also s rim te some utilities working on restoring the cable tv and phone lines. because it knocked out power to

about 200 customers including the walmart. so it has raetsedcreated a lot chaos. and beside the five killed on the plane, one person did survive and is being treated right now for injuries. and we hear from the fire department that three other people have serious burns, considered life-threatening, and they are being treated as well at the hospital. and beyond that, there were two people in the post office who were treated for smoke inhalation, they are expected to be okay. so a lot of people hurt and of courses as you mentioned, the sports journalist on her way to see the game in atlanta. >> horrible news on this holiday weekend. natasha, thank you so much. still ahead, senate leaders are deadlocked over impeachment. so how does this process move forward?

we have an expert to tell us.

president trump is showing sichbs of be s signs of increasing frustration with the impending impeachment trial. he has lashed out at nancy pelosi and expressed frustration as the timing of the trial remains up in the air. phil mattingly lays out the state of play in washington. >> reporter: as president trump continued his holiday twitter barrage on impeachment, speaker nancy pelosi continuing to press her party's case in her own tweet, saying, quote, president trump abused his power for his own personal gain. yet for all the 280 character thought, the battleoff what tlt looming senate trial remains where it has been, at an impasse. sources telling cnn no conversations between the top two senate leaders have occurred or are likely to before january. and with tangible action tabled at the moment, it is the

rhetorical fight sitting at snar stage. >> all the people that donald trump has said that can profess his innocence, he hasn't let come before congress and she's trying to make sure that they can testify before the senate. >> reporter: and to some degree, a clear democratic strategy to get under the president's skin. something sources tell cnn is exactly what is happening. >> they are playing games. they are ridiculous, phony fraudulent articles. >> reporter: but more importantly to the united states senate in an impeachment trial that will decide on whether the president is convicted and removed from office to not hear any witnesses. >> reporter: mcconnell has rejected democrat calls to subpoena witnesses and documents in the initial trial rules resolution. and has scoffed at the democratic pressure play. >> i'm not sure what leverage there is in refraining from sending us something we do not want. >> reporter: as congress moves towards the new year, the most

crucial questions still wree mai remain unsaanswered. from w4 the articlhen the artic to the senate and to how long the trial will last and whether they will call witnesses and subpoena documents. and the expectation as least according to people i'm talking to, the answers to most if not all of those questions should come fairly soon after lawmakers continue to capitol hill in january, but nobody is actually totally sure and here is why. pelosi has kept her plans very closely held. nobody really has a firm understanding of what her next steps will be. as one democratic lawmaker texted me earlier today, well, just stay tuned new year will begin on capitol hill as mitch mcconnell and nancy pelosi remain at that impasse. and that brings me to our legal

analyst and former federal and state prosecutor alley helie ho. one viewer asks, if mel refuses to all to -- mcconnell refuses anyone to testify, do the democrats somewhere any recourse? >> this is the most important question.any recourse? >> this is the most important question. will it be an empty political formality. and democrats could be in a tough spot here. they have a couple options. they can try to go to the courts very unlikely to succeed, the courts do not like to get involved in what they call political questions. this is sort of the ultimate political question. so i would not count on the courts doing anything. second of all, as phil said, there could be a negotiated deal between the parties. schumer and mcconnell are at an impasse, but they are keeping their options open. and third, if there is no down vote of the senate. right now 53 out of the 150 are

republicans, so democrats need four votes to get their way on witnesses and evidence at the trial. >> and another viewer pointing out that we saw an internal email from office of mfgt aof m and budget official michael duffey that showed that the efforts to halt the money to ukraine happened ju90 minutes after the phone call. and they want to know will we ever see other documents that they have withheld. >> i think that we will, but the big question is when. let's remember, house democrats served 71 subpoenas and information requests and got zero. not a single document back, the white house blocked them all. and that is what the second article of impeachment is, for obstruction of congress. and so how then could we see these documents? well, a couple ways. first of all, what we call the foia lawsuit, that is a lawsuit filed by the media or private organizations or citizens to try to get documents from the government. that is how we you saw the

michael duffey email. we could see subpoenas from criminal prosecutors federal or state, we could see leaks downs line and we could even see future administrations when they take over decide these documents are important, they need to come out. but timing is key. we are week away from the start of a senate impeachment trial and i think that we may see dridrip and drabs but it may well be too late. >> and as the president continues to attack the process, another viewer wants to know if the president is required, from susan, is the president required to attend a senate impeachment trial? >> no, the president is not required to attend the senate impeachment trial. he certainly could choose to do so, but i would not look for donald trump to actually be present in the well of the senate here. john where son and son and clind not to be present.

in a criminal trial, the defendant does have to be physically present in the courtroom. this is different. now, the president can and will appoint a legal team to cipollo has reportedly been tapped to lead that team. but i would not expect the president trump himself. this goes to the larger decision what does mitch mcconnell want here, do they want a long drawn out dramatic substantive process or just do it quick and get it done. >> and i think that you make such an interesting point that is important to remember as we move forward, which is this is not a criminal trial. a trial in the senate low by the same name is a different thing with different rules. i also want to ask you what your top three questions on impeachment are for the week. >> first of all, senator lisa murkowski has shown some reluctance to go along with her fellow republicans, she said that she was disturbed with what she saw with mcconnell. is that the first sign of some kind of break.

and in mcconnell and schumer make any progress toward a negotiated deal and third, where the senate set the start date for impeachment trial. so many questions open, but i do think we will see that senate impeachment trial start sometime by mid-january, we're really just weeks away from kicking it off and it will be a sight to see. >> it really is. and it strikes me too as you are going through all of this, it is important to zoom out sometimes and remember this is really unprecedented in so many ways. especially there your perspective legally, right? >> absolutely. and let's keep in mind this is only the third time that we will ever see this in our history. >> all right. elie honig, thanks so much. we appreciate you being with us. still ahead, new concerns over a series of anti-semitic attacks. why police are concerned there might be a pattern. hello mom.