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The Lead with Jake Tapper

Who's Next? Trump Says, I Hope There Are Others; ICE Arrests Des Moines School Superintendent; Hurricane Could Dramatically Impact Storm Heading For U.S.; Trump Feuds With Dems Ahead Of Shutdown Deadline; Sinclair and Nexstar End Jimmy Kimmel Boycott. Aired 6-7p ET

Aired September 26, 2025 - 18:00   ET

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

[18:00:00]

JAKE TAPPER, CNN HOST: Welcome to The Lead I'm Jake Tapper.

This hour, President Trump's latest comments about the charges, the indictment of former FBI Director James Comey, including his response when asked if he has a list of other political opponents he wants to see prosecuted.

Plus, a shocking arrest, the superintendent for a major school district was just detained by immigration authorities, and that's not the only dramatic case involving ICE today.

Also, the protests at the United Nations as Israeli Prime Minister Benjamin Netanyahu took the stage.

And the lone holdout T.V. groups still keeping Jimmy Kimmel off the airwaves, perhaps not coincidentally, it's the same one that needs the FCC the most right now, except there's brand new information about the holdout of Nexstar.

The Lead tonight, the politics of revenge and retribution. In the wake of the Trump Justice Department's indictment of former FBI director, James Comey, President Trump was asked this morning, so who's next on your list?

(BEGIN VIDEO CLIP)

DONALD TRUMP, U.S. PRESIDENT: There's not a list, but I think there'll be others. No, there'll be others. Look, it was -- that's my opinion. And so I would -- I hope there -- frankly, I hope there are others.

(END VIDEO CLIP)

TAPPER: Okay. I am starting to get the impression that there will be others. Actually, there are plenty already, just to name a few one- time top officials, enemies, opponents of President Trump, currently under investigation. That includes New York Attorney General Letitia James, former Special Counsel Jack Smith, former National Security Adviser John Bolton, former joint Chiefs of Staff Chairman General Mark Millie, former CIA Director John Brennan, former Department of Homeland Security Official Miles Taylor, otherwise known as Anonymous. There's a lot more on an article on cnn.com with more names than we have time to list here. Dozens of people who have been fired or forced out under investigation, more than a hundred who have had their security clearances revoked. So, who's next?

Our Alayna Treene is at the White House, and Arlette Saenz here is in studio. Alayna, what are you hearing from Trump's team at the White House?

ALAYNA TREENE, CNN WHITE HOUSE REPORTER: Yes, look, I asked that exact question, Jake, to White House officials today, who is next? And they said it is a lot of the names that you listed, a lot of the names that the president himself has been pointing to. One of them that you didn't mention is the Democratic senator of California, Adam Schiff, someone that the president pointed to over the weekend when addressing Pam Bondi on social media. He also added the names of Comey and Letitia James. All of those people are people that I know the president behind closed doors has been urging for his Justice Department to look into.

And this is really, I think, the important context of all of this around the Comey indictment, the president, and, again, this is according to my conversations with people in the building behind me, has been lamenting over the fact that while he was out of office between his two terms, he had faced several indictments. He was prosecuted. And he believes that his political opponents deserve the same treatment. That is according to my conversations.

And, really, we have reported of course, that the president had been urging Bondi and others to move with these charges against Comey, but it's similar around other political enemies of his as well. And from also my -- from my conversations with people in the broader Trump administration, they said one of the key signs that they knew the president was really ramping up here and they were expecting charges to come, was when he brought in Lindsey Halligan, his former personal attorney, someone who, of course, is a loyalist. She's traveled around with the present, particularly in recent weeks. She's very close to him. When he put her in the role for the Eastern District of Virginia that was when they knew really that things were going to happen.

And I would remind you that we see a lot of loyalists in the Justice Department as well. There was a reason for that. He's doing things differently this term than he did during his first term. So, when he says he wants there to be others, I do expect he's going to push for others. We'll see if we actually see any other indictments though like he did with Comey.

TAPPER: So, what I'm getting from this, Arlette, is that the president doesn't actually have a problem with the weaponization of the justice system. It's just that he thinks that he should be in charge of the weaponization of the Justice Department. We're not really hearing much of an outcry from many Republicans in Congress. You might have Don Bacon here or there, but not a lot. Are they just keeping their head down at out of fear speaking out will put them on the list?

ARLETTE SAENZ, CNN CORRESPONDENT: Well, Republicans have been very careful not to go against the president on this matter. What we have heard from the majority of Republicans up on Capitol Hill is a celebration of this indictment of Comey. Lindsey Graham saying that it shows that no one is above the law, others arguing that James Comey should be held accountable for his statements and actions.

[18:05:02]

As you mentioned, Don Bacon is one of the rare Republicans who has expressed some concern. He said on social media, lawfare undermines our great country. It didn't start in January, but it didn't end either. The continued escalation will only hurt us all.

What we have heard from Democrat is they're basically united in their belief that this is an overstep by President Trump, that it's another sign that he is drifting towards an authoritarian type of presidency. Here is House Minority Leader Hakeem Jeffries earlier today.

(BEGIN VIDEO CLIP)

REP. HAKEEM JEFFRIES (D-NY): Donald Trump and the administration continues to weaponize the Department of Justice and go after perceived political enemies in a manner that's inconsistent with the rule of law in the United States of America. It's outrageous, and the American people are going to hold them accountable.

What it reflects is a broader attack on the rule of law that should frighten every single American, whether you're a Democrat, an independent, or a Republican.

(END VIDEO CLIP)

SAENZ: Now, I think one thing to note in all of this, this is playing out while Congress is out on recess. The Senate is set to return on Monday. We still haven't heard from top Republican leaders, like Senate Majority Leader John Thune, House Speaker Mike Johnson, then there's the Susan Collins and Lisa Murkowskis. So, I think it'll be really telling next week when people are back, when senators at least are back on Capitol Hill facing questions about reporters, about this attempt to politicize the Justice Department by President Trump.

TAPPER: Speaker Johnson, you say? Well, it turns out I'm going to have him on State of the Union on Sunday morning, so maybe I'll ask him -- maybe I'll ask him about that. Who knows?

Arlette Saenz and Alayna Treene, thanks to both of you.

James Comey's indictment is the latest chapter in Donald Trump's long running battle with the FBI. CNN's Brian Todd has a closer look at how we got here.

(BEGIN VIDEOTAPE)

BRIAN TODD, CNN CORRESPONDENT (voice over): Donald Trump's complicated relationship with the FBI dates back to before he became president.

TRUMP: Please, FBI, please go after Hillary. TODD: Those provocative days of the 2016 campaign when Trump was relentless in his badgering of the FBI to investigate his opponent's handling of her emails.

TRUMP: The FBI did not act. I have such respect for the FBI. I am so disappointed.

How did they let that happen? She was so guilty.

TODD: Then from almost the moment he stepped in the White House, analysts say, Trump seemed to view the FBI as his own personal instrument of power.

GARRETT GRAFF, FBI HISTORIAN: Donald Trump, you know, upended and tried to usurp the FBI in that spring of 2017. And that relationship has never been smooth since.

TRUMP: Oh, and there's James. He's become more famous than me.

TODD: Soon after taking office, Trump pressured then FBI Director James Comey to drop an investigation into former National Security Adviser Michael Flynn. That was according to Comey himself.

JAMES COMEY, FORMER FBI DIRECTOR: I got the sense my J job would be contingent upon how he felt I conducted myself and whether I demonstrated loyalty.

TODD: Trump denied asking for Comey's loyalty, but did fire Comey, later saying he was frustrated over the ongoing Russia probe.

JULIAN ZELIZER, HISTORIAN, PRINCETON UNIVERSITY: He wanted that investigation shut down. He saw it as a political problem, and this was what Comey was up to.

TODD: Throughout the Russia investigation and afterward, Trump continued to berate the FBI for how that investigation played out.

TRUMP: These were dirty, filthy cops at the top of the FBI.

TODD: But one analyst says Donald Trump wasn't alone among presidents who believed the FBI should be beholden to them.

GRAFF: That is something that has long frustrated presidents, you know, going back to, you know, Nixon and Johnson and even John F. Kennedy, that the FBI was not necessarily loyal to them personally.

TODD: Now, a very different relationship between Trump and the FBI with Trump Loyalist Kash Patel leading the bureau. Some analysts say Patel, despite his claim of being an objective reform-minded director --

SHAN WU, FORMER FEDERAL PROSECUTOR: Really, you have somebody with very little experience who is really unconscionably answering directly to the president's whims, it seems like, and he has no kind of brain trust of experience that he will look through to help him.

(END VIDEOTAPE)

TODD (on camera): Now, James Comey asserts he is innocent and says, quote, let's have a trial. Comey alluded to his tense relationship with Donald Trump in an Instagram video following his indictment, saying, quote, my family and I for years have known that there are costs to standing up to Donald Trump, but we couldn't imagine ourselves living any other way. We will not live on our knees, and you shouldn't either, end quote. Jake?

TAPPER: All right. Brian Todd, thanks so much.

Coming up next is circumstances behind a superintendent being among those swept up in an ICE arrest.

And some breaking weather news. Hurricane Humberto is now a major Category 3 storm. System areas of concern as this hurricane gained strength, coming up.

(COMMERCIAL BREAK)

[18:10:00]

TAPPER: In our National Lead, just two days after the horrific attack on an immigration facility in Dallas, ICE is back in the headlines, this time in Iowa, where today, Des Moines Public School Superintendent Ian Roberts was arrested by ICE. The Department of Homeland Security says Roberts entered the U.S. on a student visa in 1999 and was given a final order of removal by a judge in May 2024. Officials also say that Roberts was in possession of a loaded handgun at the time of his arrest.

Also in Iowa, nearly a hundred miles away in Iowa City, immigrant advocates are speaking out about this video of a migrant being detained yesterday in a grocery store.

CNN Law Enforcement Correspondent Whitney Wild is live for us outside an ICE detention center near Chicago. And, Whitney, what can you tell us about this arrest in Iowa City?

WHITNEY WILD, CNN LAW ENFORCEMENT CORRESPONDENT: Well, Jake, this is sparking quite a bit of outrage and what video on that was circulated on social media shows is federal agents in plain clothes approach a man named Jorge Gonzalez Ochoa. They grabbed him and then he slips out of their grasp and runs into a grocery store, and that's when those agents tackle him to the ground. One agent appears to pull out a taser, but does not appear to deploy that taser.

Meanwhile Jorge Gonzalez Ochoa is screaming for help.

[18:15:00]

Immigration advocates who've reviewed this video say that this is an obvious example of too much force. They say it was overly aggressive. ICE says that this man was the target of an intelligence-driven enforcement operation, that he was under investigation for fraud, that he resisted and ran from law enforcement officers as they were trying to make this arrest.

His fiance, Jake, says that he was working, that he was the father of a baby, and that he was checking in with Immigrations and Customs Enforcement, and, in fact, he's wearing an ankle monitor to track his location. Jake?

TAPPER: And, Whitney, you're also learning more about an ICE officer who has apparently been relieved of his duties. This is in New York. What can you tell us about that?

WILD: This happened yesterday morning, Jake. A video also circulated on social media shows that there is a woman and a young girl clinging to a man who was being detained at an immigration facility in Manhattan. And what you see are federal agents peeling that woman and her daughter off of the man who is that woman's husband, who is that girl's father. And then later, Jake, in another video, you see her, the woman pleading with the federal agent. She's crying. She's speaking to him in Spanish. Meanwhile, that agent is saying, adios, adios.

And then in an instant, Jake, it's like a light switch. that agent grabs her. He shoves her down the hallway several steps until eventually, you know, basically crashing on top of her as she falls to the ground and appears to hit her head on the ground.

Again, this is another video that we've seen of ICE agents interacting with the public that is sparking quite a bit of outrage because there's major concern that these actions are far too aggressive. In the New York case, ICE says that that officer is under investigation. DHS put out a statement today saying that the officer's conduct in this video is unacceptable and beneath the men and women of ICE, adding that the agency is conducting a full investigation. Jake?

TAPPER: All right. Whitney Wild out outside Chicago, thanks so much.

A sleeper hurricane season no more. A new update just came in on Humberto, which is now a major Category 3 hurricane. It's not expected to make landfall but it will likely be playing a big role in steering a system right behind it. We're going to get the brand new forecast ahead.

(COMMERCIAL BREAK)

[18:20:00]

TAPPER: Breaking news in our National Lead, a rapidly strengthening hurricane is plowing through the Atlantic right now and could influence the track of a different intensifying storm, one that could directly impact the United States.

CNN's Derek Van Dam is in the Extreme Weather Center. Derek, what should people on the East Coast of the U.S. be bracing for?

DEREK VAN DAM, CNN METEOROLOGIST: Well, the latest discussion from the National Hurricane Center paints a sobering picture that there is an increasing threat of urban and flash flooding across coastal Carolinas into Georgia and the southern portions of the Mid-Atlantic. That is for the first parts of next week. And that is all because of this cluster of disorganized showers and thunderstorms, which they've deemed potential tropical cyclone nine. Who would've thought that we would be in a tropical traffic jam over this part of the Western Atlantic, but here we are. We've got major Hurricane Humberto, and that's going to play a factor in this storm's evolution, which is, by the way, future Imelda.

And this forecast cone, the first one issued by the National Hurricane Center, paints a picture. Look at what's happening between Tuesday and Wednesday. Look at that slow forward progress of this storm. That says to me that the National Hurricane Center has seen what we are seeing in our computer models, that maybe the steering currents are going to collapse and this thing could potentially stall across the southeast coast, not what we want.

So, it's all about the progression and how quickly Humberto and PTC nine Future Imelda move. This Bermuda High shifts to the east allows for a re-curve of Humberto, so there are three possibilities with future Imelda. Does it go straight into the coast? Does it stall near the coast, or does it get slingshotted out to sea because of its interactions with Humberto?

I'm going to show you one computer model. This is the European model. Here's Humberto. Future Imelda, look at Tuesday afternoon and evening, how this system kind of stalls over this region, Jake. This is a concern because some of our computer models are depicting over a foot of rain across Coastal Carolinas that will cause problems.

TAPPER: All right, Derek Van Dam in the Extreme Weather Center, thank you so much for that update.

In our Politics Lead, the Trump administration launched an internal investigation this week into FEMA employees who signed a letter to Congress titled the Katrina Declaration, accusing the Trump administration of undermining the agency and appointing unqualified leadership. This as more staffers speak out about the head of FEMA, David Richardson, whom CNN previously reported was apparently nowhere to be found in the immediate aftermath of that catastrophic flooding that swept through Texas in July, taking dozens of lives. Richardson told lawmakers he was on vacation at the time, but jumped in, quote, immediately.

Joining us now, former FEMA Administrator Deanne Criswell. Administrator Criswell, what are your main areas of concern as the agency under this leadership gears up to respond to the next big storm, which could, I hope it doesn't, but could hit the East Coast next week?

DEANNE CRISWELL, FORMER FEMA ADMINISTRATOR: Jake, I think the biggest thing that we would want to see right now is that they're able to actually do the planning to be able to respond and help those communities that might be impacted. I would assume that they're having conversations with the states that are in the potential impact zone and they're making plans and where they could potentially move resources to pre-stage ahead of landfall so they can immediately go in and support, you know, if there is a big impact.

I'm hoping that they learn the lessons from what happened in Texas and that they'll be able to do these actions without waiting for additional administrative approvals of spending funding, because that's just going to slow down the ability for FEMA to respond in help these communities.

[18:25:02]

TAPPER: The Washington Post has a new report this week with revealing interviews from current and former agency officials who described Administrator Richardson's general lack of urgency, not just that he couldn't be found when those horrific floods were coming through in Texas. What are you hearing directly from people still at FEMA?

CRISWELL: Well, I think when you look at acting Administrator Richardson, it's a good example of why following Hurricane Katrina, Congress enacted statutes that required the theme administrator to have experience in emergency management. And if you have a person in that role that has experience, then they know that they're going to have to be there immediately, that they're going to have to engage with the team, they're going to have to provide the leadership intent. They're also contacting the governors of the areas that are going to be impacted.

And so I think what the people that are at FEMA are concerned about is that they're moving forward with planning, but they don't necessarily have the leadership intent and what it is they're expected to do. And so their hands feel tied at times, I would assume, in their ability to do the things that they know that they can do and should be doing.

TAPPER: According to The Washington Post, when asked about Administrator Richardson and FEMA's response in Texas, the FEMA press secretary said in a statement, quote, many in the federal government, including acting Administrator Richardson, have loving families to attend to and to take care of, President Trump and Secretary Noem included, unquote. And, yes, sure that's true, but this job, right, correct me if I'm wrong, but the FEMA administrator has to be available anytime, anywhere, regardless of family obligations. No?

CRISWELL: Yes, you're spot on there, Jake. I had a response time of 15 minutes. I had to be able to be on the phone with the president within 15 minutes if there was a significant event that was happening. That means that you do have to sacrifice some of the time that you spend with your families. I mean, I wish I knew that I could have gone on and went and visited my family instead of canceling all of my plans to be able to go in and support these communities who want to see their government leaders. They want to see them on the ground and they're helping them.

And so, yes, when you're in a position like this, we all have loving families. But it's also the support of our families that makes it so we can do our job and be successful in our jobs.

TAPPER: Former FEMA Administrator Deanne Criswell, thanks so much to you. I appreciate it. Coming up, the unusual circumstances behind a man's death after riding a very new rollercoaster at Universal Orlando Resort. Civil Rights Attorney Ben Crump took up the case and he's going to join me next.

(COMMERCIAL BREAK)

[18:30:00]

TAPPER: In our National Lead, today is the funeral for the man who died last week after riding on the Stardust Racer's rollercoaster at Universal Orlando Resort's brand new theme park, Epic Universe. A medical examiner says 32-year-old Kevin Rodriguez Zavala died from blunt impact injuries, ruling his death in accident, but his family wants to know what exactly went wrong.

Attorney Ben Crump is representing Zavala's family and he joins us now. So, Ben, as this investigation continues, Florida State inspectors are saying their initial findings aligned with that of the theme park's leaders and inspectors who say the ride was working correctly. But if it was working correctly, what happened?

BEN CRUMP, CIVIL RIGHTS ATTORNEY: That's the question, Jake. And his family are devastated as many in the community. If there were no malfunctions, and we'll take them at their word. But, obviously, there were some safety issues for this 32-year-old man to end up dead. I mean, you are not supposed to go on rollercoaster rise and amusement parks and end up dead. And now, Jake, we are finding that others have said that they suffered head injuries from going on that same ride.

TAPPER: So, a report from the Orange County Sheriff's Office says Zavala's girlfriend, who was on the ride with him that night, noted that he had a preexisting spinal condition. We should note he used a wheelchair, he was taking medication, but you and the family say he was a rollercoaster enthusiast. He had been on rollercoasters before and was fine and all those experiences, and that the Universal employees did not say anything to him as they helped put him on the front row, the front cart of this rollercoaster. Do you have any idea of what caused this blunt impact injury that the medical examiner says was why he died?

CRUMP: You know, we will only be speculating right now, but based on what witnesses have said that night and then others who have ridden on that ride saying that they too has suffered injuries, it leads me to believe it's some kind of design issue, but we have to get the answers. Because as Kevin's mother and father, Carlos and Anna, said, it is a tragedy that we lost Kevin. It would be a greater tragedy if another family lost their loved one due to them riding on a rollercoaster, Jake.

TAPPER: Is the rollercoaster still operating? Is it still going?

CRUMP: No, not at this time. And the family has asked that until all the investigations are finished and they figure out how this happened, that it should stay out of operation because, God forbid, Jake, if this happened to another person.

TAPPER: Yes. Have you seen any videos from when Zavala was on the ride or heard from any witnesses other than his girlfriend?

TAPPER: Yes. We have heard from witnesses who have contacted our office.

[18:35:02]

And then, as I said, we heard from people saying, no, no, we also suffered head injuries and those things on this ride.

So, hopefully, Universal Studios, who is the parent company of this Epic Universe, will take heed, and they said safety is paramount to them. So, if that is the case, make sure we get answers because Kevin deserves answers.

TAPPER: All right. Ben Crump, thank you so much. I really appreciate it. Keep us posted on the case and all the other important work you do.

CRUMP: Thank you, Jake.

TAPPER: Good to have you in studio.

Coming up next, the dramatic walkout at the U.N. just as Israeli Prime Minister Benjamin Netanyahu approached the podium earlier today. His message after this moment to protest, next.

(COMMERCIAL BREAK)

TAPPER: In our World Lead, earlier today, dozens of diplomats walked out in protest as a defiant Israeli Prime Minister Benjamin Netanyahu vowed to, quote, finish the job of rooting out Hamas in Gaza.

[18:40:05]

In his U.N. address earlier today, Netanyahu also used some props to highlight the threats that Israel has eliminated since the October 7th, 2023 attack.

(BEGIN VIDEO CLIP)

BENJAMIN NETANYAHU, ISRAELI PRIME MINISTER: Half the Houthi leadership in Yemen, gone.

Yahya Sinwar in Gaza, gone.

Hassan Nasrallah in Lebanon, gone.

The Assad regime in Syria, gone.

Those militias in Iraq, well, they're still deterred.

Iran's top military commanders and stopped atomic bomb scientists, well, they're gone too.

(END VIDEO CLIP)

TAPPER: Netanyahu is expected to visit with President Trump at the White House on Monday.

Here now is Democratic Senator from Oregon Jeff Merkley, who serves on the Senate Foreign Relations and Appropriations Committee. Senator, thanks for joining us.

So, shortly after Netanyahu's address, President Trump said this about the war in Gaza.

(BEGIN VIDEO CLIP)

TRUMP: Looking like we have a deal on Gaza.

I think it's a deal that will get the hostages back. It's going to be a deal that will end the war. It's going to be a deal with -- it's going to be peace.

(END VIDEO CLIP)

TAPPER: Senator, last week, you introduced a Senate resolution calling on President Trump to recognize the Palestinian state. What's your reaction to President Trump saying that all parties are close to a deal? I feel like I've heard that many times in the last year.

SEN. JEFF MERKLEY (D-OR): Wouldn't that be wonderful. We have a horrific situation in Gaza, really ethnic cleansing and operation through a strategy of destroying homes so no one can return to them, and of deprivation, depriving the people, the 2 million people, of both food and water and medicine intended to drive the Palestinians out of Gaza. There's nothing that would be better than a sustained peace that results in immediate return of all the hostages and results in a massive influx of aid. But we also have to think about what comes next.

And that's, Jake, why I introduced the resolution and the ten senators have stepped forward to support it, saying, we really have to push towards securing the two states, to recognize a Palestinian state. That was the vision in 1947. We created one state, Israel. We didn't create the other state, the Palestinian state. And it's been a festering wound that has resulted in a cycle of violence now for almost eight decades. We need to end it.

TAPPER: The Arab League has said that Hamas cannot be part of any future Palestinian state. Do you agree?

MERKLEY: Absolutely, and so has the Palestinian authority. And they've also agreed to have a demilitarized state, which I think that's another important element in this.

TAPPER: I want to ask you also about the major domestic news going on. President Trump was asked about the indictment of James Comey today. Take a listen to his reaction.

(BEGIN VIDEO CLIP)

TRUMP: These were corrupt, radical left Democrats. Because Comey essentially was a -- he's worse than a Democrat. I would say the Democrats are better than Comey. But, no, there'll be others.

(END VIDEO CLIP)

TAPPER: There'll be others. So, he's suggesting that there will be other political opponents who will be prosecuted. Your reaction?

MERKLEY: Well, the immediate reaction is that the U.S. attorney that he nominated for Virginia proceeded to say, there is no case here. So, he was fired. Then an acting attorney came in, Lindsey Halligan, and she proceeded to produce the indictment.

This is a setting up kind of the activation of the U.S. government as an entity that, that seeks retribution against his enemies. In other words, non-political entities, including the Department of Defense, the Department of Justice, even the Federal Communications of Council, all of them being activated in order to create an authoritarian strategy.

We are, Jake, at this moment in the most perilous stage of my lifetime in terms of the survival of our constitutional vision, of separation of powers and checks and balances. And having the president on this particular case, go after his enemies by firing a U.S. attorney in order to get an indictment, is just a very clear example, but one of now dozens of this authoritarian impulse that we as Americans who have signed up to a vision of a Constitution that says this is government by the people, not by an authoritarian, need to push back everything we have.

TAPPER: Well, what would you say to somebody who says, look, Comey will get his day in court, the grand jury that handed down this indictment is from the Eastern District of Virginia, hardly bastion of conservatism, and, you know, ultimately, while -- what President Trump said, it might be unsettling, at the end of the day, it's possible that there's a case here?

MERKLEY: Well, recognize that when the president of the United States puts his Justice Department into full gear to go after his political opponents, that is an authoritarian government in action.

[18:45:04]

And yes, maybe there will at the end of a court case be a vindication for Mr. Comey. But realize the torture that that puts him through. And if the case wasn't strong enough that a U.S. attorney who was nominated by Trump, who was confirmed by the Republican Senate, said there's no case here, that's an indication that the president is intervening in what has been kind of the nonpartisan sentiment.

A pursuit of justice, equal justice under law, as carved above the pillars on the Supreme Court is being replaced by unequal justice, where the power of the government is directed against the president's political opponents. That is a very dangerous place to be. He's already threatening Adam Schiff with the same kind of treatment. A member of the Senate and so forth. This retribution strategy is absolutely wrong. In any country, but certainly wrong here, where were supposed to have a government guided by the Constitution. TAPPER: So, a possible government shutdown is looming. It looks more

likely, as Democrats and Republicans are not coming into any sort of agreement to fund the government.

Today, "The Hill" reports that some Senate Democrats might be open to working with Republicans. Quote, Democratic sources familiar with internal caucus discussions say there are a handful of Democratic senators who want to avoid a government shutdown, unquote.

What are -- what do you think? What are you hearing from your fellow Democrats as this deadline approaches?

MERKLEY: You know, in 2013, then president -- well, he wasn't president then, but in 2013, Donald Trump said, hey, if there's a shutdown, its on the head of the president because its the president's responsibility to bring people together and reach a deal here, both sides out and reach a deal.

TAPPER: Well, now what he's doing is, is canceling the meeting that was planned yesterday with the Democratic leadership to pursue the discussion of two key things. One of those things is that we have to protect the constitutional power of the purse, resting with Congress.

And that, of course, has been highlighted by the Supreme Court decision today. And the second is to avoid the horrific impact on health care that will be coming on Americans just shortly, because the open period for buying policies on the Affordable Care Act exchange opens November 1st. And we're looking at an anticipated increase of 65 percent for Americans, $1,300 a person, some $5,000 for a family of four, like the health care impact of the big ugly betrayal of a bill is enormous. This must be addressed.

TAPPER: Senator Jeff Merkley from Oregon, thank you so much, sir. Appreciate it.

Let's bring in the panel.

So, we should note Jimmy Kimmel is back on the air. And tonight, viewers nationwide are going to be able to tune in because both Nexstar, which owns -- which is the biggest owner of local TV stations in the country, and Sinclair, which owns our local ABC affiliate here in D.C. both of them ended their blackout or boycott of Kimmel.

In a statement, Sinclair Broadcast Group says, quote, our decision to preempt this program was independent of any government interaction or influence.

Do you believe him?

ELLIOT WILLIAMS, CNN LEGAL ANALYST: No. It was -- it was a business decision that led them to take him off the air and a business decision to put him back on it, and it would have been unsustainable for either Sinclair or Nexstar to keep Jimmy Kimmel off the air. One, because people were starting to cancel their subscriptions and get upset, but two, because they were losing money over it. This came down to money, not the morality -- Jake. TAPPER: It appears President Trump is unwillingly making late night TV

great again.

Take a listen to Jimmy Kimmel last night, who made light of his show being preempted and the reaction to it all.

(BEGIN VIDEO CLIP)

JIMMY KIMMEL, LATE NIGHT TV HOST: Even though we are still being preempted in 60 American cities, on Tuesday, we had our second highest rated show in almost 23 years on the air. Our monologue from Tuesday night has more than 21 million views just on YouTube alone. And I want to say, we couldn't have done it without you, Mr. President.

(END VIDEO CLIP)

TAPPER: What do you think?

MANDELA BARNES (D), FORMER LT. GOV., WISCONSIN: Well, it's an example of not bowing down, not turning over, not letting the president just have his way simply because he's the president of the United States of America. Now, this could have gone either way for Jimmy Kimmel, but it's going to take some type of courage, and I hope that's something the American people understand, especially looking at what has happened with Jim -- with James Comey and his statement saying that, you know, well see you in court.

And I wish more people -- more people had that mental toughness. I wish more people understood how much of the American public would support them. In an effort standing up to a president that has taken us down this road to a authoritarianism. But we're already there.

TAPPER: I was talking to a guy -- we're doing a special on free speech that's going to air Sunday night at 9:00. I was talking to the guy who -- one of the guys who runs FIRE, which is a free speech organization, and he said, this is a perfect example of the Streisand effect. I don't know if you guys know what that is, but the Streisand effect is Barbra Streisand was trying to keep her Malibu home off of maps, and because she was trying to do that, legendarily, she brought more attention to the location of her home.

And it's a perfect example because President Trump said to the country, basically, you can't watch this. I don't want you to watch this. And he got these incredible ratings.

WILLIAMS: Whatever you do, don't look at my necktie right now. Please don't look at my necktie.

TAPPER: I'm capable. I'm capable.

WILLIAMS: Everyone is going to look at my neck. And thank you very much. But that's exactly it. By attempting to silence it, they drew more attention to it. It backfired.

BARNES: Yeah. They didn't do what they did with the Epstein files, which is try to divert, divert, divert. TAPPER: Although I don't know if you knew this, but President Trump,

this is true. This is not a joke. President Trump just posted on Truth Social that he's going to release the files related to Amelia Earhart. I'm not joking.

So he's in the E's. As long as you're in the E's, Mr. President, there's some other files in the E file.

Several well-known stand-up comedians, some of my favorites in fact, Dave Chappelle, Louis C.K., Aziz Ansari, Pete Davidson, they're performing at the Riyadh Comedy Festival, which started today in Riyadh, Saudi Arabia. They are coming under some criticism from some fellow comics for ignoring Saudi Arabia's human rights abuses. Ties to 9/11.

Here's what Marc Maron posted on Instagram.

(BEGIN VIDEO CLIP)

MARC MARON, COMEDIAN: I mean, how do you even promote that? You know, like from the folks that brought you 9/11? I mean, the same guy that's going to pay them is the same guy that paid that guy to bone saw Jamal Khashoggi and put him in a (EXPLETIVE DELETED) suitcase. But don't let that stop the yucks. It's going to be a good time.

(END VIDEO CLIP)

TAPPER: I'm kind of surprised, actually, because some of these comedians, their profiles would suggest that they wouldn't need -- first of all, they don't need the money. But second of all, that that, I don't know --

BARNES: It is a different kind of money over there.

TAPPER: Right. But what do you think?

BARNES: Well, so my thing is, look, we have comedians being silenced. We have comedy being silenced right here in America. And I hope that, you know, those folks who are going over there, especially thinking about some of the content that they have put out before, they have seen have taken a stance against authoritarianism, has seen to taking a stance to free speech or for free speech.

And I hope they use that as a moment to call an account, like, what are we going to stand up for? What are we going to uphold? Are we going to uphold human rights universally or not? Are we going to uphold free speech universally or not? Are we going to hold power to account universally or not?

And there is a chance for them to do so. Will it happen? I don't know, but that is the route that I would take.

TAPPER: I would love to see -- I would love to see Chappelle take on MBS.

WILLIAMS: Oh my God! TAPPER: That would be something.

WILLIAMS: That would be outstanding. I love Chappelle and all of those comics too, Jake.

But look, when are we going to stop laundering the reputation of the Saudi government? Its next due the LIV Golf, next due everything they have to do with soccer. You know, look, all of these comics and I love them and their work, they don't need the money and certainly don't need the eyeballs. They can sell out any arena in the United States. Why Saudi Arabia, of all places?

TAPPER: CNN's just learning that President Trump asked the U.S. Supreme Court to decide whether they can end birthright citizenship. This is the second time this issue is back before the justices for the second time this year. What do you make of this request?

BARNES: Well, look, it's unfortunate, right? This is -- this is something that he's been trying for a long time. And if he hasn't gotten his way, he's going to attempt to again, look, the Supreme Court has already given him enough power and authority with this, with giving him immunity. And I am afraid, like I'm always concerned, anytime the president brings something to the Supreme Court because they have mostly opened the door for him to exact his will on the American people before people who were who have gotten their birthright citizenship.

This is a fundamental part of American society. And American existence, but not unlike anything else of our fabric of this country that Donald Trump is unraveling in real time in front of our faces. And I want people who are watching today to understand, to know that how you see this country, what you come to know as a norm, may not be the case next year because we see how quickly this administration is acting. It does not matter whether we saw abortion rights taken away in this country, something we never expected to happen, something we never would have imagined.

Now birthright citizenship, the list goes on and on. And if you are a person who abides by the Constitution, who understands and appreciates everything America has to offer, you should be afraid and concerned. You should stand up.

TAPPER: And very, very quickly. It seems like constitution is pretty clear.

WILLIAMS: Constitution is pretty clear. And virtually every court and every serious scholar who's looked at this issue has found that --

TAPPER: The language is very specific.

WILLIAMS: The language is explicit on its face. It's a somewhat fringe theory that the other folks are sort of viewing on. The Supreme Court hasn't really looked at the substance of it. I think they're going to go with the constitution.

TAPPER: If he really cares that much, he could amend the Constitution. But that's a lot of work.

Thanks to both of you.

This note, I'm going to take a special look at the Kimmel case, free speech this weekend on a whole new episode of "THE WHOLE STORY WITH ANDERSON COOPER". That's Sunday night at 9:00 Eastern.

And right after that, don't forget to watch CNN's Omar Jimenez in depth on the Trump administration's fight with Harvard. That's on "THE WHOLE STORY" at 10:00 Eastern. All this only on CNN.

A big, big heads up for those of you who drive BMWs, you're going to want to hear this.

Plus,, a rather disturbing report. Two months after that deadly shooting at the Manhattan office tower that houses the NFL headquarters, what the medical examiner confirmed about the shooter. That's next.

(COMMERCIAL BREAK)

[18:59:09]

TAPPER: Our last lead, starting our health lead. The former high school football player who shot and killed four innocent people at the NFL headquarters in Manhattan in July, did have CTE. The New York medical examiner's office described it as low stage CTE, which is a degenerative brain disease linked to repeated head injuries often sustained in contact sports.

The gunman shot himself in the chest and left behind a suicide note blaming the NFL.

In the national lead, talk about hot wheels. The National Highway Traffic Safety Administration says owners of nearly 200,000 BMWs should not park in the garage because the cars can short circuit and go up in flames. The fire risk is related to a problem with the engine starter. The recalled models date between 2019 and 2022.

I just posted the full list from CNN.com on most social media accounts. If you want to know which BMWs are being recalled or being warned about, rather.

Coming up Sunday, "STATE OF THE UNION," House Speaker Mike Johnson. That's Sunday morning at 9:00 Eastern and again at noon here on CNN. If you ever miss an episode of the lead, you can listen to the show whence you get your podcasts off.

"EBOF", Erin Burnett starts now. See you Sunday morning.