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Don Lemon Tonight

House Overrides Trump's Veto; Another Loss For President Trump; Rep. Louie Gohmert Sues V.P. Mike Pence; Sen. Marco Rubio Picks A Fight With Dr. Fauci; Sen. Debbie Stabenow (D-MI) Is Interviewed About The Effect On Her Constituents Of Trump's Delay In Signing The Relief Bill; Another Black Man Killed By Police. Aired 10-11p ET

Aired December 28, 2020 - 22:00   ET

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


[22:00:00]

(COMMERCIAL BREAK)

UNKNOWN (voice over): This is CNN breaking news.

DON LEMON, CNN HOST (on camera): This is CNN TONIGHT. I am Don Lemon.

And we do start with breaking news, a humiliating defeat for the president. The House voting to override his veto of the defense bill, that is the bill that the president opposed because he wanted to hold troops hospitals over his grudge match with Twitter. Yes, he is mad with Twitter, so he was holding a pay raises for our troops.

The House in the bipartisan vote saying a hard no to that, so the next stop in the Senate. That as the House also passed a measure tonight to increase COVID relief checks, from 600 to $2,000. Which the president could have pushed for a long time ago, after all his treasury secretary negotiated the deal in the first place.

The deal the president first refused to sign, leaving desperate Americans who can't pay their own rent. Put food on their own tables, leaving them in limbo until he finally caved last night.

This president gained nothing with all these antics, nothing. Just needlessly creating chaos, because he could. And making it clear by the moment, that he is completely advocated his responsibilities as president.

Hear me, it's a disgrace, it's embarrassing. he's embarrassing himself. The President-elect Biden saying today, that his transition team is still being blocked from getting the information that they need to prepare to take office.

(BEGIN VIDEO CLIP)

JOE BIDEN, PRESIDENT-ELECT OF THE UNITED STATES: We need to make sure that nothing is lost, in the handoff between administrations. My team needs a clear picture of our forest posture around the world, and our operations to deter our enemies. We need full visibility into the budget planning underway at the Defense Department and other agencies, in order to avoid any window of confusion or catch up. We have encountered roadblocks from the political leadership at the

Department of Defense and the Office of Management and Budget. Right now, we just aren't getting all the information that we need for the ongoing and outgoing -- from the outgoing administration, in key national security areas. It's nothing short of my view of irresponsibility.

(END VIDEO CLIP)

LEMON (on camera): But the current president, who is all too aware that he will only be an office for another 23 days. Twenty-three days, he doesn't care about any of that, he doesn't really care about sending $2,000 stimulus checks to desperate Americans. All he cares about -- absolutely, all he really cares about is not looking like a loser.

But in his efforts not to look like a loser, he is looking like a loser, he's doing exactly what he doesn't want to do. That's why he still pushing the delusional idea that there is some way that he could override the will of the people when Congress meets to formally affirm Joe Biden's win on January 6th.

While the President of the United States, he is dreaming of a coup, right? That's why his minions like Congressman Louie Gohmert, that's why they're suing -- they are suing the Vice President of the United States right now, Mike Pence.

Suing Pence in a ludicrous attempt to get the vice president to ignore Electoral College votes from five states that the president claims that he won, but he actually didn't win, we know he lost. He lost them. And he lost them over and over again, and then he keeps losing them thereby making Joe Biden win over and over and over again.

[22:04:56]

He also lost the popular vote, he lost the Electoral College vote as well, he lost the courts. It is really, really pathetic, he's so desperate to avoid looking like a loser that he repeatedly argues that the votes of the American people should be thrown out. But by doing, that he's looking like a loser.

And even his ride or die allies are getting sick of the chaos. His hometown newspaper, look at the screen, this is his hometown newspaper the one that he used to pretend, to be his own PR person that he would call into them and say, I've got some good news about Donald Trump or whatever.

This is this his paper of record, the ever-supported New York Post. Ever supportive until now anyways, that paper begging him on the front page where nobody not even the president can miss it, begging him to stop the insanity.

The paper's editorial board putting it bluntly, quote, "you had -- you had every right to investigate the election, but let's be -- let's be clear. Those efforts have found nothing. What they're saying, Mr. President, is as I have said here not over, it's over. Over. One after another, members of his own party, White House insiders, the courts, even his media allies have said the same thing, that it is over.

There is no election fraud, his handpicked now former attorney general Bill Barr dropping a bomb earlier this month saying, there was no evidence of fraud that would have changed the result. Over. And for good measure, throwing cold water on the president's demands for a special counsel to investigate the election.

(BEGIN VIDEO CLIP)

WILLIAM BARR, UNITED STATES ATTORNEY GENERAL: If I thought a special counsel at this stage was the right tool and was appropriate, I would do, I would name one but I haven't and I'm not going to.

(END VIDEO CLIP)

LEMON: Over. Mitch McConnell, finally putting his foot down and refusing to dance with the president's election fraud tune. Acknowledging Biden's win, but waiting a full six weeks after the election to do it.

(BEGIN VIDEO CLIP)

SEN. MITCH MCCONNELL (R-KY), SENATE MAJORITY LEADER: The Electoral College has spoken. So today, I want to congratulate President-elect Joe Biden.

(END VIDEO CLIP)

LEMON (on camera): Over. The agency in charge with protecting our election, calling it the most secure in election history. And that got top cyber security official Chris Krebs fired for rejecting the president's crazy delusions.

(BEGIN VIDEO CLIP)

CHRISTOPHER KREBS, FORMER DIRECTOR, DHS CYBERSECURITY & INFRASTRUCTURE SECURITY AGENCY: I don't know if it's intentional or if it's willful blindness, but the result of the 2020 election is clear, this race is over we've got to get ready for January 20th and the next administration.

(END VIDEO CLIP)

LEMON (on camera): He said it over. The Supreme Court even with a six to three conservative majority, throwing out election cases twice in one week. First denying a request from Pennsylvania Republicans to block certification of the commonwealth certification election results, then delivering a steaming smack down to Texas attempts to throw out election results in four other states. Four other states, that are not Texas.

And courts across the country are following the Supreme Court's lead, the president and his allies have lost nearly 60 cases since the election. Come on, you all? Sixty cases since November. OK. And there are still people out there believing the election was stolen, 60 cases? All right, as you say you believe you want to believe.

Just today, and another bogus lawsuit was thrown out, this one in Georgia brought by attorney Lin Wood. Georgia Secretary of State, Brad Raffensperger saying the numerous baseless and frivolous lawsuits funded by unsuspecting Georgians who are being duped by Wood, are just the latest in a long history of lawsuits to go nowhere in Georgia. lawsuits to nowhere in Georgia, is what it says. His words, not mine, he is saying what? It's over.

You remember Brad Raffensperger, the Trump supporting Georgia Republican who stood tall against the president's completely false claims about election fraud?

(BEGIN VIDEO CLIP)

BRAD RAFFENSPERGER, GEORGIA SECRETARY OF STATE: Whether it's the President of the United States where a failed gubernatorial candidate, this information -- this information regarding election administration should be condemned and rejected. Integrity matters, truth matters.

(END VIDEO CLIP)

[22:09:55]

LEMON (on camera): Sure does, and if you don't remember Lin Wood, he is the guy who told the people of Georgia not to vote in the Senate runoff next week, and told a rally crowd that the Republican governor Brian Kemp, should we locked up.

(BEGIN VIDEO CLIP)

LIN WOOD, TRUMP ATTORNEY: I want you to go to the governor's mansion, I want you to circle it, I want you to blow your horns until Brian Kemp comes out and orders a special session of the Georgia legislator. And then he can resign.

(CROWD CHEERING)

WOOD: And then as far as I'm concerned, lock him up.

CROWD: Lock him up! Lock him up!

(END VIDEO CLIP)

LEMON: It's like some weird, Ryan Murphy 2016 election thing all over again, it's just bizarre. OK, so much is recap here what he's doing. So, he is advising Georgians not to vote in the runoff election next week that will decide the balance of power in the Senate. Is he working for Democrats out?

He's also telling them that their Republican governor should be locked up, maybe it is a jedi mind trick that he is actually working for the Democrats, I don't know. I mean, I'm just saying maybe because he's telling people, Republicans not to vote. All right. That's really shooting yourself in the foot. Reloading, then shooting yourself in the foot, the other foot again.

Another Georgia election official, lifelong Republican Gabriel Sterling, got death threat for standing up to the president's bogus fraud claims, saying this. This was last month.

(BEGIN VIDEO CLIP)

GABRIEL STERLING, GEORGIA VOTING SYSTEM IMPLEMENTATION MANAGER: The ridiculous things claimed in some of these lawsuits, are just that they're insanity, it's fever dream, made up, internet cabal, I can even -- however many words again used to say how crazy some of these things are.

(END VIDEO CLIP)

LEMON (on camera): I like fever dream, I use that, and that was good. The president can't even rely on his friends on TV anymore, and that may be the worst news of all for the reality TV president.

Fox News and the even farther to the right Newsmax forced to backtrack on the president's election fraud conspiracy. Those conspiracy theories against voting technology company Smartmatic, under threat of legal action. The networks aired an interview with an expert debunking one election fraud lie after another.

(BEGIN VIDEO CLIP)

UNKNOWN: Have you seen any evidence that Smartmatic software was used to flip votes anywhere in the U.S. in this election?

EDDIE PEREZ, GLOBAL DIRECTOR OF TECHNOLOGY DEVELOPMENT & OPEN STANDARDS, OSET: I have not seen any evidence, that Smartmatic software was used to delete, change, alter, anything related to vote tabulation.

(END VIDEO CLIP)

LEMON (on camera): I mean, there is a lot more of that, they had to do that. But man, look, when you lose Geraldo, it's over. Sorry. Trump buddy Geraldo Rivera tweeting sadly, he lost a bitterly contested election. Ish happens when he said as, but we don't write all thing out. You know what it meant.

However, since he has behaved like an entitle frat boy, and that's on top of Geraldo saying this, all right? Listen.

(BEGIN VIDEO CLIP)

GERALDO RIVERA, CORRESPONDENT-AT-LARGE, FOX NEWS: Donald Trump lost the election, Joe Biden won the damn election, now let's just move on from there and stop this ridiculous nonsense that makes everyone look half baked.

(END VIDEO CLIP)

LEMON (on camera): Yes. What is the president do, half baked, he says half baked. Geraldo. And the president doing, what's he doing in the face of all this with the clock ticking to the inevitable end of his presidency, with more and more allies admitting that the reality is that it's over, it's the end, with more Americans than ever before in hospitals with the coronavirus?

With experts warning it could get much, much worse, what is the president doing? Well of course, it's President Donald Trump, you know the one who like to talk about how much Barack Obama golfed? Really? Come on, bro. He's golfing of course. by CNN's count today that the president has, the president's 424th day at one of his properties in the 311 day one of his golf clubs during his presidency.

Man, that is, I mean, for anyone think about this. For anyone who has a sort of normal job, right? I can't even get to the golf course that much, and I'm not the President of the United States, you are not, can you golf that much?

[22:14:59]

I'm just saying so the president is at his private club, his treasury secretary who negotiated the stimulus deal the president suddenly deemed not good enough, well, he's in Mexico, not a good look.

Vice President Mike Pence who is supposed to be the leading -- leading the coronavirus task force, remember the task force? Vacationing in Vail, right? You're not supposed to travel though. Not a good look. But America is using moving forward, Joe Biden who will take the oath of office in 23 days, is saying this.

(BEGIN VIDEO CLIP)

BIDEN: We look forward to the start of a new year, fresh with hope and possibilities for better days to come but clear-eyed. Clear-eyed about the challenges that will not disappear overnight, I'm going to reiterate my message to the American people. We've overcome incredible challenges as a nation, and we've done it before and we will do it again.

(END VIDEO CLIP)

LEMON (on camera): Over. For all his disgraceful antics, this president is putting Senate Republicans in a very tough spot, will they vote against aid for desperate Americans?

(BEGIN VIDEO CLIP)

SEN. CHUCK SCHUMER (D-NY), SENATE MINORITY LEADER: Today, I am telling Donald Trump don't just talk about it. Act. The Senate Republicans have followed you through thick and thin, get them now to act and support the $2,000 dollar checks.

(END VIDEO CLIP)

(COMMERCIAL BREAK)

LEMON (on camera): And we are back. House Republicans breaking with the president tonight. One hundred nine Republican members of Congress joining Democrats to override the president's veto of the National Defense Authorization Act. It comes as President Trump is becoming increasingly erratic in his final days in office, and unfortunately millions of Americans are dealing with the fallout.

So, joining me now CNN White House Correspondent, John Harwood, CNN's Senior Political Analyst, Kirsten Powers, and former White House Communications Director, Anthony Scaramucci.

[22:20:05]

Good to see all of you. I hope you had a very merry Christmas.

JOHN HARWOOD, CNN WHITE HOUSE CORRESPONDENT: You too.

LEMON: Now I'm sure Anthony Scaramucci got a whole, but that's OK. We'll talk about that later.

So, listen. I'm sure you guys you heard the open to the show, there is a lot I want to talk to you about. John, I'll start with you. Republicans overriding Trump's veto. Millions of Americans hurting because of his delay in signing the stimulus bill, the president didn't get anything he wanted. So, what was the point?

HARWOOD: I think the point had nothing to do with policy, nothing to do with actually trying to get the $2,000 stimulus checks, had he wanted to get those checks he would have been involved vocally, publicly, visibly, during the negotiations that his own administration was conducting with Democrats and Republicans on the hill.

It wasn't about cutting foreign aid, the examples that he touted, if it was, he wouldn't put the foreign aid in his budget, which he did before the COVID bill ever came up. This of course was married with the ominous bill.

I think what this was about was about Donald Trump saying hey, there may be only three weeks left in my term, Joe Biden is about to become president but I'm still president, look at me, I've still got some power. I can still control things. Let's create some suspense about what I'm going to do.

He -- it was a bid for relevance, and also a bid to slap out at people like Mitch McConnell, the Senate majority leader who had publicly recognized that Joe Biden is going to be president, called him president-elect and Joe Biden had shepherded this compromise. And so, in addition to saying I'm relevant he was also doing a slap across the face for Mitch McConnell and other members of the Republican leadership.

LEMON: Well listen, I think he was right about the people saying, you know, what's he going to do? But it wasn't, it was like, man, what are you doing? That's the kind of what you're going to do it was, right?

Anthony --

(CROSSTALK) HARWOOD: We were covering it though.

LEMON: Yes.

HARWOOD: We were covering it.

LEMON: Yes, of course, of course. So, you know President Trump, Anthony, very well, what is going on inside of his head? Does he understand that his erratic behavior has dire consequences? Or he just, he just doesn't care?

ANTHONY SCARAMUCCI, FORMER WHITE HOUSE COMMUNICATIONS DIRECTOR: No, he doesn't care. I think he's living in his own reality distortion field, and I agree with just about everything that John said. But I just want to take it one step further, he was pushing those guys, he was still testing his intimidation skills and his manipulation skills. And I think he learned this week that those are fading, the half-life on those things are exponentially fading him out.

And you know, Mitch McConnell bested him, his tribe, if you will, that cult that follows him around are very angry at him. They wanted him to stay in there and put up a fight, Don, and you know --

(CROSSTALK)

LEMON: They said it was weak. They thought what he did as weak?

SCARAMUCCI: Yes, it's just more ridiculousness, but that's him. You know, he'll push and probe, he'll stick the bayonet as deep as he can go, when he feels mushy, he'll keep pushing. And obviously, Mitch McConnell and the Senate, you know, they didn't want to hear any of that and they pushed him back very hard, it was quite embarrassing.

LEMON: Kirsten, listen, Trump is pushing, you know to Anthony's point, he's putting Senate Republicans in a terrible position having to vote against much needed money for struggling Americans. Anthony says it's -- I'm sorry, John says payback for McConnell finally admitting that the election is over, and Biden won. Do you agree with that?

KIRSTEN POWERS, CNN POLITICAL ANALYST: You know, I don't know, I don't know what motivates him that's what I always say. I can't get inside of his head. I'm just living for the day that I don't have to. Which is how many more days? Twenty-three.

LEMON: You, Kirsten, you are reading my mind. I was thinking --

SCARAMUCCI: Two Scaramucci's, Kirsten. Two Scaramucci's left.

LEMON: What was it, 11 days?

POWERS: Yes.

LEMON: Two Scaramucci's.

SCARAMUCCI: Plus two, 24 days.

(CROSSTALK)

LEMON: So, you're reading my mind.

POWERS: Yes, but I can't speak --

LEMON: But we don't have to talk about his every whim, and what he's going to, like, adios.

POWERS: Right. Because his every -- because unfortunately his every whim does have a real impact on people right now.

LEMON: It does.

POWERS: And it's very hard to watch, because everything the president does affects people. But when you have such tangible things such as a pandemic going on, when there's so much suffering, so much death and people dying in the most horrible ways possible, I think that can have any contact with their families and we all know people who have gone through this are going through this right now.

And to be behaving this way, and then on top of it you have people who have no income and don't have enough food. You know, it's just, it's so right in your face that you just think, what kind of person can watch that and behave the way that he's behaving?

[22:25:03]

I just, it's just the lack of empathy or concern, it's just astonishing. It will never stop astonishing me.

LEMON: It is, and it's -- you know, Kirsten, it's really astonishing for a lot of people who believed in him, and we've been telling him over the years, this is the kind of person he is. And now they're like what is he, what's going on, what is he doing? Have you not been paying attention to us for the past five years?

I mean, listen, Kirsten, I talked about this in the open and in the show before this but this is especially, this is a lose-lose situation don't you think for the Republican senators? People or folks who are running for Senate.

POWERS: Yes.

LEMON: Loeffler and David Purdue facing tight runoff races on January 5th, right?

POWERS: Absolutely, yes. I mean, there is no, there is no political upside to this for Donald Trump. There is no political upside to this for the Republicans. You know, not that that's even the most important thing, it's not, it's one we're talking about before, it's what's much more important.

But, you know, he couldn't even justify, I guess, if he is somehow could find some kind of moral calculus where he could justify his behavior. That somehow it was helping the Republicans.

LEMON: Yes.

POWERS: But it's putting them in a position that is not where they want to be right now, that's not where any -- that's not where Mitch McConnell wants them to be right now having to answer the kind of questions they're going to have to be answering --

LEMON: Yes.

POWERS: -- about not supporting this, how this $2,000 stimulus check or not stimulus, relief check.

LEMON: Yes. It's interesting because, you know, I get the updates here. I don't follow him on Twitter, but we get the updates on the e- mail that comes to all of all us.

You know, the president says, you know, he's going to just stay tuned in something that's going to -- he's going to have a rally or whatever. And just to me, it feels like when my great nephews were younger and their moms would say go to your room, and they go, no, why? I'm not going to do it. Right?

It just seems like he's a petulant child, John. I mean, I've got to -- I've got to take -- I want to get your take on all of this. And as we're talking about it, this Louie Gohmert, the congressman suing Vice President Pence to overturn election results.

So, you have this guy who is behaving like a petulant child, he's still out there saying my God, I won. This is crazy. What is this actually going to accomplish?

HARWOOD: Nothing, put a little pressure on Mike Pence who have to declare what, whether he wants to fight this lawsuit or doesn't, but this is not an option, this is a cracked pot idea advanced by a crack pot in Congress. You know one of the things that we've, that has been exposed by the situation, is how many crack pots there are in the Republican Party including the Republican Party in Congress.

Remember that lawsuit that was filed by the state of Texas, that was a lunatic claim. Trying to influence the election results and other swing states. And now this notion, that the vice president can decree different electoral votes, wow, maybe Al Gore could have thought of that in 2000 when he had early 2001, when you had to read the results of making George W. Bush the president or maybe Richard Nixon in early 1961.

If he had just been devious enough, he could have come up with a way to flip the Electoral College away from John F. Kennedy. No, he does not have the power to do that. But, you know, it is a bottomless pit of nuttery that the Republican Party or individual members of the Republican Party are going to pursue at the behest of President Trump to raise money, to rile up their base.

Some of them may actually be crazy enough to believe in these things, but they're simply not going to happen, it's not going to accomplish anything. LEMON: Hey, Anthony, I have to go. Can you speak to that, those folks

because, you know, you were, you supported the president, you went to work for them. Those folks who are, who are being duped into believing that hey, listen this is going to be overturned and giving them money, can you just say something to those folks?

SCARAMUCCI: Well, you know, I've been saying it for almost two years, Don. That it is a big con. He knows it. He's had lunch with friends of mine where he's telling people that he's out the door, so it's a money-making expedition. I do believe there's a sliver there though, where he thinks he's got a shot on January 6th, so that's the insanity of the whole thing.

LEMON: Does he?

SCARAMUCCI: So, my message to those people is you got to heal. It's absolutely no shot, you know, he's got to, you know, we have to heal and you have to put him behind you. And in a year from now, you won't even realize why you are so angry and enthralled in his lunacy and his demagogue behavior.

But please put him behind you, let's come together as a country and heal the country.

LEMON: Thank you all. Listen, I know that I don't have to say it, if I had fallen for this kind of, if anyone, it would be a little bit embarrassed, I understand that and you have to accept that and, it's OK.

(CROSSTALK)

[22:30:07]

SCARAMUCCI: Hey look, I owned it, Don, I owned it.

LEMON: What are you saying, Anthony?

SCARAMUCCI: No, I fell, I was in there. I work for the guy, I try to support him and I owned that mistake, you know, very publicly.

LEMON: Yes. I thought you're saying to other people and other folks have to own it, or what have you. But.

SCARAMUCCI: No, I definitely think they do too. No, I'm trying to help people create an off ramp to get out of the situation of being a supporter of his.

LEMON: Thank you all. I'll see you soon. Hey, I hope behind you, John, that you've got a warm fireplace, that room. It would be nice to snuggle up on the couch with a blanket and a big fire, roaring fire. It's very nice. Thank you, guys. I'll see you soon.

So, we have some breaking news. The House increasing stimulus to $2,000 and voting to override the president's veto of the defense bill. But will the Senate? I don't know. We are going to ask Debbie Stabenow, the senator, she's going to tell me what she thinks, and that's next, right after the break.

(COMMERCIAL BREAK)

LEMON (on camera): So, millions of Americans are struggling to make ends meet during this pandemic. They are now dealing with a lapsed and benefits this holiday season. Why? Well, the president held their stimulus checks hostage for days before eventually caving and signing the relief package just last night.

Well, tonight the House passing another bill to increase the checks to $2,000 like the president demanded at the last minute. Now it heads to the Senate.

So, joining me now is Democratic Senator Debbie Stabenow of Michigan. So good to see you. Happy holidays to you. Thanks for joining.

[22:35:03]

SEN. DEBBIE STABENOW (D-MI): Hi. Absolutely. Happy holidays.

LEMON: So, Michigan's unemployment rate is higher than the national average. How damaging is the president's delay in signing this relief bill to the people of your state, Senator?

STABENOW: Don, it's really cruel what has happened. Because he has delayed the help right now, probably at least a full week, if not more to people that are literally trying to put food on the table and keep a roof over their head every single day. So, it's cold in Michigan right now. And so, you got to keep the heat on and paying all the other bills.

So, it is cruel. And it was all about just getting attention. I think he didn't feel he was being talked about enough in the press and this bumped it up so that everybody was talking about him again at the expense of people in my state and across the country.

LEMON: Yes. Listen, you're right. It's not just the lights. It's not just food. This time you got to have the heat on because it is cold in most of the country.

STABENOW: Yes.

LEMON: So, Senator, the House voted tonight to override the president's veto on the National Defense Authorization Act. Senator Bernie Sanders says that he is going to delay a vote on this in the Senate unless Mitch McConnell brings a vote on $2,000 checks to the floor. Do you support Sanders move?

STABENOW: I strongly support the $2,000 and agree with Bernie that we need to have a vote. Mitch McConnell needs to bring this bill up. And we need to have a vote on. And we know where the Democrats stand. I mean, we wanted more in the stimulus checks right from the very beginning.

So, we'll be there voting for $2,000 per person. The question will be, will the Republicans be there? And so, we need both. We need the defense bill. We need to give our military a pay raise. We need this cyber security funding in that bill.

And by the way, I think the real reason that the president actually vetoed that bill is because there is some anti-corruption, anti-money laundering language in there that anonymous shell companies would have to be reported.

LEMON: Interesting.

STABENOW: And I think out of everything, that's what, and that would take immediate effect, I think he's really worried about that. So.

LEMON: Very interesting.

STABENOW: Yes. So, we've got a situation where we've got to get the defense bill done. Hopefully it will be override. And then at the same time, there's no reason on Wednesday when we have that on our schedule to have that vote, that we can't have a vote on additional help for Americans.

People have gone through so much hardship. And we are, Don. I mean, I'm very hopeful for the New Year with President Biden and Vice President Kamala Harris, I know it's going to get better. But it's going to take time to get better.

LEMON: Yes.

STABENOW: And people are just barely holding on.

LEMON: I want to ask you about -- you said you're going to need the Republicans to be with you. So, speaking of Republicans, Republican Senator elect, Tommy Tuberville leaving the door open to joining some House Republicans in a last-ditch effort to overturn the election result, that's when Congress meets to finalize the vote next week. How do you see this playing out?

STABENOW: Well, Don, that's a very good question. We don't know. We know that it's been reported that Senator McConnell has urged his members not to participate in that. But we have a new member from Alabama who we don't, we know has been wooed by the president. We don't know what he will do. I do know this.

At the end of the process, Joe Biden will be president of the United States, and Kamala Harris will be vice president of the United States. I do know that. Now what can they do is create chaos. Lord knows we have had enough of that. Right? I know I'm pretty tired of it myself. And I know we all are.

But at the end of that process, however long it takes, we will still have the next president of the United States being Joe Biden.

LEMON: Yes. Well, Senator, thank you so much. And I do have to give you props for your beautiful tree. Very beautiful Christmas tree behind you for your grandchildren.

STABENOW: Thank you. It's my tree in Lansing, Michigan. So, you have to enjoy it as long as I can because I'm going to have to get back on a plane and go back to Washington.

LEMON: Well. Well, we need you. So, I'm glad you had -- I hope you had a merry Christmas. Happy New Year. We need you in Washington. Thank you for joining.

STABENOW: Take care.

LEMON: Take care.

Tonight, more than 334,000 Americans are dead from the coronavirus. More than 19.2 million have been infected. And gosh. Senator Marco Rubio, instead of encouraging his constituents to take care, he is picking a fight with doctor -- you know Marco Rubio is the guy who jumped in line jumped in to get the thing before a lot of people, picking a fight with Dr. Fauci. We're going to talk about that.

[22:40:00]

(COMMERCIAL BREAK)

LEMON (on camera): Take this, so Republican Senator Marco Rubio lashing out at Dr. Anthony Fauci. Senator Rubio tweeting, Dr. Fauci has misled the country when it comes to masks and herd immunity. In the tweet Rubio says, and he quotes here "elites a right-wing bogeyman if ever there was one, are trying to trick Americans into doing the right thing."

OK, so let's set the record straight here. Dr. Fauci has been transparent about the science since the start of the pandemic. Fauci is taking every opportunity to help Americans stay safe from coronavirus. Asking and even begging people to wear masks, believe the science and take the threat seriously.

Here's the deal, it's a novel coronavirus, meaning that it's new. So, as you get new information in, you then update and upgrade the information and tell people what you may not have known before, that's why it's called novel, it's new, Senator Rubio.

So, Senator Rubio wants to put fingers, point fingers about misleading claims when it comes to the virus, should look no further than the Oval Office. Remember what President Trump said about masks?

(BEGIN VIDEO CLIP)

DONALD TRUMP, PRESIDENT OF THE UNITED STATES OF AMERICA: I don't know. Somehow sitting in the Oval Office behind that beautiful Resolute desk, the great Resolute desk. I think wearing a face mask as I great presidents, prime ministers, dictators, kings, queens, I don't know. Somehow, I don't see it for myself. I just don't.

(END VIDEO CLIP)

LEMON (on camera): I don't know? I don't know, I just don't. Remember this casual consideration of the dangerous herd immunity strategy?

(BEGIN VIDEO CLIP) TRUMP: Maybe we shouldn't do anything, just ride it. They say ride it like a cowboy, just ride it, right that sucker right through.

(END VIDEO CLIP)

LEMON (on camera): Yes, remember and let's not talk about that bleach and disinfectant episode, Senator Rubio. When it comes the science Senator Rubio wants to have it both ways, right? Because here he is getting vaccinated last week.

[22:45:09]

Senator Rubio says he is confident enough in the science to get the COVID vaccine. Got it before a vast majority of Americans. So, question is, who is really the elite now? Marco Rubio, profile encouraged.

Joining me now Dr. Jonathan Reiner the director of the Cardiac Catherization Program at George Washington University hospital. Hi, doctor. Sorry, I couldn't help myself. It is just so much hypocrisy and just -- I mean --

Give me your -- give me your reaction?

JONATHAN REINER, CNN MEDICAL ANALYST: Well, I want to remind Senator Rubio that his state has the 3rd highest number of COVID cases in the United States, behind only California and Texas. His state had over 8,000 cases today, so whatever they're doing isn't that great.

I would remind Senator Rubio that the president who calls him a little Marco doubted masks as you said, wanted to slow down the testing pleas, held dozens of rallies around the country as the pandemic was heating up over the summer. He doesn't have any words about that. He has words about Dr. Fauci.

I will say about the science, all of the expert's statements about masking changed as the science changed. As it became clear that the virus could be spread by asymptomatic carriers. And you know, as for the number of folks that it will take to obtain herd immunity, you know, that number is just a guess.

Principally, because we don't really know how many people in this country have been infected by the virus. And in order to get -- in order to understand how many you need to vaccinate, you need to know how many have already had and we don't know that. So, I think Senator Rubio should show a little bit of humbleness maybe.

LEMON: Here's the thing for me, for people folks like Marco Rubio and for state run TV and for all of the, you know, Trump TVs that are out there. Is that, when they talk about this and what's happening with this virus, is that they framed it in the form of, they are taking away your freedoms, and you have governors here are doing this.

REINER: Yes.

LEMON: My gosh, hypocrisy and never in terms of my goodness, look at how many people are dead. Right? That's the real sin. If you want to look at -- if you want to look at who is trying to bamboozle you, it is the, let's frame it in a way to make our constituents feel better about something. Or to make ourselves look better for not talking about how serious it was in the beginning. For downplaying it, not the hundreds of thousands of people who have died.

Not the millions of people who become infected by it, not the effect that it's had on families and the death. That is the real sin of the folks like Marco Rubio, that I don't think that is being talked about enough or being held accountable for the damage that they have done to this society.

REINER: Right. And I think what we've seen over the last 10 months is what has, I think really always been apparent. Is that libertarianism really merges very, very close to selfishness.

And so, you know, this concept that wearing a mask infringes on your freedom now it becomes sort of the ultimate act of selfishness, you don't care what happens to me if you don't wear a mask that's what you're saying. That's what's Rubio is parroting.

LEMON: Yes. Doctor, you're the best. I'll see you soon. Thank you.

REINER: Thank you.

LEMON: I hope you had a great holiday and happy New Year if I don't see you, but I'm sure I'll see you before. I'll talk to you soon.

REINER: Same to you, Don.

LEMON: Thank you. We'll be right back.

[22:50:00]

(COMMERCIAL BREAK)

LEMON (on camera): I want to pay attention to this because tonight we are learning more about the death of Andre Hill, an unarmed black man shot by a Columbus, Ohio police officer. The officer, Adam Coy was fired today. Police have released body cam footage of the incident, and I must warn you it is disturbing.

That was on December 22nd from a neighbor, reporting that a man had been sitting in his SUV for quite some time. Repeatedly turning his engine on and off. Well, footage shows Hill walking towards the officer with a cell phone in his left hand. His right-hand not visible on the video. Then the officer opens fire.

The officer is then heard cursing and shouting at Hill to get his hands out to the side. The Franklin County coroner's office announcing preliminary findings of its autopsy saying Andre Hill's death was a homicide by multiple gunshot wounds.

I want to discuss this now with Andre Hill's daughter, Karissa Hill, his brother, Alvin Williams, the attorney for Andre Hill's family and that's Benjamin Crump. Thank you, thank you all so much for being here. I have to say I'm so

sorry to have to speak to you about this. I'm sorry for your loss. Karissa, tell me what you were thinking when you saw this video.

KARISSA HILL, ANDRE HILL'S DAUGHTER: There were so many things going through my mind. It just looked like murder. How can we pay these people to walk around and still be on payroll and murder? So many things going through my mind.

LEMON: Alvin, how are you holding up? What do you think about how your brother's case has been handled so far?

ALVIN WILLIAMS, ANDRE HILL'S BROTHER: I'd like to respect the due process. The first step was could likely correctly which was to get this ex officer off the police force. Other than that, myself, it was -- it's just still unbelievable tragedy. Tragedy in a way that Andre was shot multiple times. Four times. He was actually just left for dead. It could have been many possibilities for him to maybe survive his injuries. He was just killed like an animal. Like an animal.

LEMON: So, listen, Ben, Alvin just mentioned, you know, the officer, right, and it was announced today that the officer who shot Andre has been fired after a disciplinary hearing. Are you satisfied with that outcome at least?

[22:54:51]

BENJAMIN CRUMP, ATTORNEY FOR HILL FAMILY: Don, that's only the first step. Because when you look at this officer's history, and the fact that he has been reported, he abused by banging the head of a citizen of color against the dashboard of a car repeatedly, saying inappropriate things.

And they have that on video but they didn't terminate this officer. And now you see what happened to Andre Hill, three days before Christmas, Don. I mean, an unarmed black man holding a cell phone. Seventy-six black people have been killed by the police since George Floyd was killed in Minneapolis on May 25th, 2020.

And Don, we all thought that was a big turning point where this wouldn't happen. But yet, how many more black people have to be killed before the year 2020 ends?

LEMON: What does achieving justice look like in this case, Ben?

CRUMP: You know, the first thing, Karissa keeps talking about Andre law, the fact that we want to have transparency because the officers turned off the body camera after he shot her father, so we can only speculate about why did this officer do this.

And so, transparency plus accountability. And that's finally how we can get to trust between law enforcement and communities of color. Other than that, Don, we are going to have hash tag after hash tag after hash tag.

LEMON: After hash tag, yes. But Karissa, what do you want people to know about your dad?

HILL: I just want him to know, people to know that he didn't deserve this. And he was just a great, welcoming person. He was hands on with the family and with the children. He didn't deserve this.

LEMON: Well, listen, I am sorry that you guys are having to go through this. We -- I apologize that our time is short. But as Ben will tell you this is not -- we will continue to cover the story. And I appreciate you joining us. I'm so sorry that you're having to deal with this. And as you know, as Ben said this this time of year.

So, Karissa, thank you. Alvin, thank you. Ben, thank you. Please keep us updated. We are going to continue to follow. OK?

CRUMP: Thank you, Don.

LEMON: Thank you very much. And thank you, everyone. Our coverage continues.