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Don Lemon Tonight

Coronavirus Pandemic; United States Coronavirus Deaths Exceed 139,000; Unpublished Task Force Report Says 18 States In Coronavirus Red Zone Should Roll Back Reopening; Census Bureau Survey; Half Of United States Adults Live In Households That Lost Income In Pandemic; Interview With Mayor Francis Suarez (R-MIA) About The Curfew And Fines Implemented For Those Who Do Not Wear Masks In Public; Interview With Mayor Steve Adler (D-ATX) About Their Stay At Home Order; Pentagon Unveils Guidance Effectively Banning Confederate Flag on Military Installations; U.S. Attorney in Oregon Calls for DHS Inspector General to Investigate Mysterious Detentions in Portland; New Update on Ahmaud Arbery Case; Rep. John Lewis, a Giant in the History of Civil Rights, Has Died. Aired 11p-12a ET

Aired July 17, 2020 - 23:00   ET

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

[23:00:00]

(COMMERCIAL BREAK)

DON LEMON, CNN HOST: This is CNN Tonight. I'm Don Lemon, 11:00 p.m. here on the East Coast. Tonight the U.S. death toll from coronavirus is now more than 139,000. At least 38 states seeing a rise in cases. The pandemic is getting worse around the world as well. The World Health Organization reporting nearly 240,000 new cases worldwide in the last 24 hours. That is a record.

Florida is now the epicenter of the covid-19 crisis in this country. The state reporting more than 11,000 new cases just today. Dr. Anthony Fauci calling for bars to be shut down, urging Americans to avoid crowds and imploring government leaders to get people to wear masks.

(BEGIN VIDEO CLIP)

DR. ANTHONY FAUCI, DIRECTOR, NATIONAL INSTITUTE OF ALERGY AND INFECTOUS DISEASES: I would urge the leaders, the local and political and other leaders in states and cities and towns to be as forceful as possible in getting your citizenry to wear masks.

(END VIDEO CLIP)

LEMON: Dr. Fauci saying that Americans are actually slowing down the reopening of the country by not wearing masks. Let's discuss. CNN's senior political analyst, Ryan Lizza is here and Dr. Jonathan Reiner is the director of the Cardiac Catheterizations Program at George Washington University Hospital. Gents, hello to you. Ryan, it's been a minute so why don't I call on you first.

RYAN LIZZA, CNN POLITICAL COMMENTATOR: How are you. OK.

LEMON: I'm doing well. Thank you very much. I hope you are as well. Coronavirus is spiraling out of control in this country. New daily cases are at record highs. But the president barely talked about the pandemic all week and at the White House, they are moving around portraits of previous presidents so the president doesn't have to see them. What on earth is he doing?

LIZZA: I think they made a decision weeks ago that they would just move on from this. That what they call hot spots could be contained, and that the death counts, though ticking upward, on every (inaudible) and every news network, as long as hospitals weren't overflowing and as long as other images on TV were not bad, that it would be just this kind of silent killer that people would move away from. That was obviously a catastrophic mistake.

And they are now delayed in reversing it, and returning to the obvious methods that they used in the early spring to control this. But I think they made a decision based a lot on politics and the re- election, and it has proved to be disastrous and obviously it shows up in Trump's polling numbers, the head to head match-ups with Biden, and but most starkly, in the mounting number of cases and deaths. And he will have to reverse course quickly before this gets even worse.

LEMON: If he can do that. Well, there is a lot of time between now and the election. Listen, Dr. Reiner, I want you to take a listen. This is Dr. Fauci, something else he said earlier tonight.

(BEGIN VIDEO CLIP)

FAUCI: You may need to pull back a bit on a phase. You don't necessarily need to lock down but you got to do three or four or five things that are absolutely critical, Judy, because we know they work. And that is universal wearing of masks. Stay away from crowds. Close the bars. You appeal to the people in the local areas. Close those bars. They are seriously one of the major reasons why we are seeing this. And I think if we do that for a couple weeks in a row, Judy, I think we are going to see a turn-around.

(END VIDEOTAPE)

[23:05:14]

LEMON: Doctor, almost 140,000 Americans have died from this virus. We know how to handle it and we're just ignoring it. Why, why, why?

DR. JONATHAN REINER, CNN MEDICAL ANALYST: Because we don't have coordinated leadership coming from Washington. You know, the Governors of these southern states that opened too soon, pressurized by the White House to actually do that, despite the fact that the CDC did come out with really smart, measured, paced guidelines to open under the pressure from the White House. They opened too quickly and we are where we are now.

But with the cover from the White House, with political cover, yes, the Governors in these states that are really reeling under the tremendous burden of thousands and thousands of patients a day, they can turn this around. What the White House should say is very simple. Yes. We had a national mandate. I'm going to write an executive order mandating that every American wear a mask. We're going to look at the hottest spots and we are going to close them down. We are going to shut down places that are really out of control right now. This is our quickest path to getting schools open.

That's what I would say. The president should completely change course and become the general of this war against the virus. I think that they've taken entirely the wrong attack and that's what he needs to do. He would be lauded for it.

LEMON: You and Ryan were saying, it seems like you're saying the same thing. before you weigh in Ryan, I just want to get -- let me get one more thing from Dr. Reiner. This unpublished report, it was prepared by the White House coronavirus task force, recommends that 18 states with surging cases should roll back reopening measures. Another why question for you. Why wouldn't they put out this information?

REINER: Because it runs counter to the narrative that just a few scattered hot spots that will get better on their own. And again, I read the report and the report really reads very simply. People can go online and look at it. because it lists every states separately. And it shows recommendations for the state.

So for instance, for Florida it basically says all bars and gyms need to be closed. Florida needs universal masking. There should be no gatherings of more than 10 people. It talks about increasing testing. It is really a well written document for every state in the United States. And now that it's out, maybe the state government will take to it heart and get that done.

LEMON: Yes, Ryan, I think this fits into your response. If it doesn't, then you can add what you want to say anyway. So, according to Census bureau survey, half of adult in this country live in households that lost income from this pandemic. Half. How bad is this for the president's re-election pitch?

LIZZA: It's disastrous. And this is the tension between dealing with the pandemic but suffering through some really harsh economic problems and it is why the government should be there helping people like that and they should continue as much robust economic help as they can. Right? The government is shutting the country down. The government should be helping people who are burdened by that.

And you know, Don, I just got to say, I just got back from a cross country road trip and from California to D.C. And you see across the country, just the scatter shot approach to social distancing and mask wearing. And it is just, everywhere you go. It is different and people are treating it differently. And you know, we know how public health campaigns work. People wear seatbelts now, they wear helmets, they don't drink and drive, right. We know when you have a massive communication effort that's unified, public health campaign works.

Why it is not working now is because of polarization and because the messaging from the White House has been completely confused and mask wearing has turned into this cultural phenomenon where many conservatives don't want to do it because Trump seems dubious of it. If he switched course and there was a unified message on this stuff, it would very quickly turn things around.

LEMON: Well, I don't know if that will happen. And listen, speaking of what's happening across the country, Dr. Reiner, for five consecutive days Florida has led the nation in coronavirus cases per capita. The Governor of that state, Ron DeSantis says he won't close down gyms. This is his reasoning. Listen.

(BEGIN VIDEO CLIP)

REP. RON DESANTIS (R-FL): If you're in good shape, you know, you have a very, very low likelihood of ending up in significant condition as a result of the coronavirus.

(END VIDEO CLIP)

[23:10:00]

LEMON: This is why we are where we are in this country now.

REINER: Yes. I mean, it's wrong on so many levels. I don't even know where to start. We're talking about a virus that is transmitted person to person. We're not talking about how well you know, a weight lifter is going to do with it. We're talking about transmission of the virus from people who acquire it in a gym to their families and the community.

You know, I know people who know the Governor of Florida. And they say, he is a really smart guy. But somehow it doesn't translate to this pandemic. I don't understand why he's pitch his wagon to the president. It is a losing strategy. Thousands of people are dying. He needs to shut large parts of the state down and it has to happen now.

LEMON: Isn't it better though if you're outside walking, doing your exercises outdoors, maybe in your backyard, instead of being in a gym, in a closed place where everybody is touching everything? Wouldn't it be healthier for you to do that outside?

REINER: Everyone wants to go back to normal. But it's going to take a while for that. So, we have to have a new normal. So, we exercise in different ways. We exercise safe. In an interview today, Tony Fauci, actually, he said, if you listen to him, he's an optimist. He really is an optimist. He tells it straight but ultimately he's an optimist.

And he said if we hold together as a country, we can get our arms around this and we can beat this back. And you know who he sounded like? He sounds like Benjamin Franklin. Benjamin franklin during the revolutionary war said, if we don't hang together, we will surely hang separately. And that's sort of -- where I see us now. It is time for to us pull together and it is time for us to do the right things. In short order we can put this virus down. We can do it.

LEMON: Yes. If you don't wear a mask, surely you are going to really hate having a ventilator on your face. Thank you both.

REINER: Endotracheal tube.

LEMON: Yes. Thank you both, I appreciate it.

LIZZA: Thanks, Don.

LEMON: Now, I want to turn to Athena Jones with more on Florida's record surge of coronavirus cases.

(BEGIN VIDEOTAPE)

ATHENA JONES, CNN CORRESPONDENT: It's a new epicenter for the virus. Florida now leading the nation in cases per capita.

ALBERTO CARVALHO, SUPERINTENDENT, MIAMI-DADE COUNTY PUBLIC SCHOOLS: We are at the center of America's epicenter for covid-19.

JONES: The virus even forcing the temporary closure of part of the state's emergency operations center after a dozen employees tested positive. The toll on southern Florida particularly evident as hospitals in hard hit Miami-Dade County have started to overflow. Intensive care units now at 119 percent capacity.

Coronavirus infections now trending upward in 38 states with national coronavirus case numbers hitting new highs on a near daily basis, topping a record 77,000 on Thursday. The nation's top infectious disease expert Dr. Anthony Fauci with a warning.

FAUCI: People keep talking about the possibility of a second wave in the fall when you're having, you know, up to 70,000 new infections in certain areas of the country. That's something you need to focus on right now as opposed to looking ahead to what's going to happen in September or in October.

JONES: And the debate over masks rages on.

FAUCI: Masks are important.

JONES: Despite clear guidance from public health officials.

FAUCI: I would urge the leaders, the local, political, and other leaders, in states and cities, and towns, to be as forceful as possible in getting your citizenry to wear masks.

JONES: In Georgia --

DR. KATHLEEN TOOMEY, GEORGIA PUBLICE HEALTH COMMISIONER: We've taking to see outbreaks in work places, in businesses, in (inaudible) settings, daycare, camps, fraternity houses, many churches.

JONES: A legal battle over the mayor of Atlanta's mask order.

GOV. BRIAN KEMP (R-GA): Mayor Bottoms mask mandate cannot be enforced but her decision to shutter businesses and undermine economic growth is devastating. I refuse to sit back and watch as disastrous policies threaten the lives and lively hoods of our citizens.

MAYOR KEISHA LANCE BOTTOMS (D-ATGA): What I see happening is that the Governor is putting politics over people. For the Governor to sue us on a mask mandate, when the CDC has told us that it helps save lives, that really speaks to the lack of leadership.

JONES: Athena Jones, CNN, New York.

(END VIDEOTAPE)

LEMON: All right, Athena, thanks.

Florida and Texas are two of the nation's biggest virus hot spots. Next I'm going to talk to the mayor of Miami and the mayor of Austin.

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[23:15:00]

LEMON: Coronavirus cases surging in Florida with over 11,000 new confirmed cases just today. Tonight, Miami officials announcing new 8:00 p.m. curfews and fines -- a curfew and fines for those who do not wear masks in public. But there's still no official stay-at-home order as cases soar. And on top of it all, the Florida Governor Ron DeSantis is refusing to close down gyms. Let's discuss now, Miami Mayor Francis Suarez is here. Thank you Mayor. Thanks for joining us.

MAYOR FRANCIS SUAREZ (R-MIA): Thanks for having me, Don.

LEMON: This is madness. What is the situation in Miami right now? How concerned are you?

SUAREZ: I'm very concerned. Obviously, today we just decided that we are no longer going to warn people about not wearing the masks in public. We are going to go directly to a fine. It will be a $50 fine for the first occurrence, $150 for the second, and $500 for the third. Obviously we've put in a series of remediation measure that are showing some level of bending of the increased curve which obviously is good.

Our ICUs are slightly down from yesterday. Our (inaudible) are still continuing to increase, so there is -- you know, and our hospital system is managing this crisis by basically shutting down elective surgeries and basically increasing obviously their mix of covid patients and decreasing their mix of non-covid patients.

[23:20:10]

LEMON: Today you announced that people in Miami will no longer get a warning. You said that if they fail to wear this mask in public, instead, that there's going to be a fine. You said it's going to be $50. It increases with each additional offense. So why do you think it has come to this where people are, they won't do it just for the right thing. That it somehow become political.

SUAREZ: Yes, I don't know why it has become political. But, you know, obviously, it would be great if our president, you know, were to adopt a national mask in public rule. I've said, and I told our Governor, that I think we should have a statewide mask in public rule. I think what happens is you have --

LEMON: When you say that to him, what does he say?

SUAREZ: Well, he says that all the urban cities have a mask in public rule which they do. But I think the issue is that within our urban cities, there is a segment of our population, I think your earlier guest alluded to this. There is a segment of our population that will only listen to those elected officials. And so I think if they were to come out and advocate for a mask in public, -- I will give the Governor some credit. He did come a couple days ago and he did said we have to listen to the local leaders and the local rules of masks in public.

But I do think the signaling of a masks in public, which, you know, has shown in studies that I've seen, up to an 85 percent chance of reducing the chance of transmission. To me it is a no brainer. I mean, it's like wearing a seatbelt. Again, your former guest alluded to that, your past guest. You know, this is something that should be a no brainer for everyone and it could have a significant. We're already seeing the delta actually in our increase of rate positives. So, we are already starting to see some change.

LEMON: So, listen. Why then there no stay-at-home order? And I ask because, listen, I have friends who are there. One of them works at a very prominent hotel on Miami beach. He's saying their occupancy rate has been like 7 percent and lower and I said how many people are staying? And he goes, really you can count on one hand. So, you're already seeing the effects. People are afraid to come there. Why not have -- why not make people stay at home? Stay-at-home order given the surge in cases?

SUAREZ: Yes. Look, it's something that we're considering every single day. You know, our hospital system, administrators, and our viral scientists and our epidemiologists have asked us to stay the course with the remediation measures that we've already implemented and we are seeing some measure of improvement.

So, that's part of the reason why I think the other part of the reason why obviously is there is no federal safety net. Right now we have unemployment at 3 percent and a tremendous federal safety net with unemployment benefits and with PPP. And right now we're at 11 percent unemployment with no federal safety net. So, we just have to balance the fact that we know that a stay-at-home order will probably put hundreds of thousands of people out of work without any sort of a safety net.

We have to feed people in our cities. And you know, we don't know what kind of compliance there will be. On the other hand we have a health care crisis that is incredibly dire and it is getting worse and worse by the day. So, we do see some improvements if we implemented the remediation. And we're hopeful that if we stay the course, those improvements will be dramatic enough to avoid the stay at home order.

LEMON: Yes, well, I mean, listen, I have to get to another mayor here. But you don't think if you did the stay-at-home order, you got things back under control, at least as much as you go get it under control, you don't think that would help your economy? SUAREZ: There have been studies that show that it does. And you know,

from my perspective, you know, again, I've never ruled it out. And we're talking about it every single day and it may happen. You know but we're weighing a variety of factors.

LEMON: And you're all better -- feeling better and I hope you stay that way and I hope everyone in your city does as well. Thank you, mayor, I appreciate it. thanks so much.

SUAREZ: I appreciate it, Don.

LEMON: Texas reaching a grim new bench mark today in the fight against coronavirus, passing the 300,000 cumulative cases mark. The situation is so dire that the state has even had to request more refrigerated trucks to serve as temporary mortuaries. And while there is no statewide mandatory mask order, Austin public health has extended the city's face covering order to mid-November.

Despite the spike, Texas Governor Greg Abbott said there's no need for a lockdown. Let's discuss now with Austin's mayor. Mayor Steve Adler. Mayor, thank you. Good to see you again. I wish it was better news again as well. Texas is suffering right now. Over 10,000 new cases today. How bad is it in Austin right now in.

MAYOR STEVE ADLER (D-ATX): We're on the edge. You know, two and a half weeks ago we were told that we were on such a trajectory, it was rising so quickly. We were told that right about now we would be running out of ICU beds. We had a community that came together on masking. We have pretty wide adoption in the city and we're a case study, I think if anybody doesn't believe that masks can actually make a difference, they should come to Austin right now.

[23:25:15]

Our numbers here have plateaued pretty much in hospital admissions over the last week. We're fighting hard to hold on to it but it came as a direct result to community that was prepared to step up and start masking.

LEMON: Today, the Texas education agency issued new rules that give local school districts more control over the decision on start dates and how long schools can remain close and teach students online. What do you expect for Austin students when it time for school to start?

ADLER: You know, even before our state agency acted here locally, we just ordered that schools were not to open on their scheduled date in mid-August and issued an order that schools weren't going to open until at least after labor day. When we did that, it was up unclear to whether or not we had the authority to do that. The state agency came out ultimately a few days later and said it was something that we could do.

We're looking right now whether or not to extend it past labor day. We've told people that the default is that we are going to. When you come into a community like Austin where the infection rate is so high, we have to lower the viral load before we actually have students and teachers show up in schools. Too many would show up already infected.

So, we're working with our schools right now to figure out whether or not there is a program for students that are very much at risk and need school. But other than that, we're trying to get everybody comfortable with the idea that it could be a while before schools open up.

LEMON: Yep. Wear a mask. Wash your hands. Be safe, mayor. Thank you so much. I appreciate it.

ADLER: Thank you for the messages. Thank you.

LEMON: Yes. Defense Secretary Esper effectively banning the confederate flag from military installations. Is he side stepping President Trump?

[23:30:00]

(COMMERCIAL BREAK)

LEMON: The secretary of defense, Mark Esper, issuing a new defense department policy today on the display of flags on military installations. While the policy doesn't specifically mention the confederate flag, it is not listed among the approved flags under the new policy which means it's essentially been banned.

In a statement obtained by CNN, Esper says "The flags we fly must accord with the military imperatives of good order and discipline, treating all our people with dignity and respect, and rejecting divisive symbols."

Let's discuss now. Shawn Turner is here, CNN national security analyst, and Mitch Landrieu, CNN political commentator. Good evening to both of you. It is so good to see you. Shawn, I'm going to start with you.

SHAWN TURNER, CNN NATIONAL SECURITY ANALYST: Hey, Don.

LEMON: There's been a ton of debate over the confederate flag in the military as well as naming of military bases for confederate officers. Give me your reaction to this sort of de facto ban and the way Esper implemented it.

TURNER: Yeah, you know, Don, overall, I think that while this decision is overdue on the part of Secretary Esper and the department, this is a right-minded decision. You know, it has always been an abomination to see the confederate flag flown on military bases, in military barracks, all over military installations, alongside flags that represent true heroes.

So, you know, I spent 21 years in the Marine Corps and served in a lot of different places. I got to see this flag a lot. So I think for perspective of retirees like myself and a lot of people who are on active duty in the military, I think this is a right thing to do.

I will say that, you know, look, the military is a place where rules matter. There are a lot of people in the military from the south, a lot of people who have special sort of tie to this flag, and I do think that this is going to be challenged by some of the rank and file.

I personally note there are some leaders out there who are not going to like this but people need to understand that this was a decision that has been made and the military has to get on board with it.

LEMON: Let me ask you this, because you told us earlier that when you were deployed in Iraq, you used to see fellow soldiers receive care packages with confederate flags in them, right?

TURNER: Yeah. You know, this was an interesting thing. You know, people all over this country, one of the great things about Americans is, you know, when you're deployed, people come together. They put care packages together and they send them to you overseas. They're not always addressed directly to a particular service member but you get this.

I remember being in Iraq and Fallujah in 2019 and opening up care packages and finding confederate flags, finding gear there with depictions of the confederate flag.

I remember having these feelings of, you know, here I am halfway around the world fighting on behalf of my country, fighting for the Iraqi people, but there are people back home who send these reminders of some of the most difficult and divisive things we face here in the United States.

So, you know, things like that shouldn't happen for service members. People have to understand that this flag does not mean the same thing to everyone. As a result of that, you know, it is time for this flag to be retired.

LEMON: Mayor Landrieu, you played a big part in having the confederate monuments removed from -- right, and down in New Orleans.

MITCH LANDRIEU, CNN POLITICAL COMMENTATOR: Yes.

LEMON: What does it say about where we are as a country now that the defense secretary had to sneak this in almost behind the president's back?

[23:35:00]

LANDRIEU: Well, first of all, I haven't had the pleasure of meeting Shawn, but Shawn, thank you for your service. He articulated about as well as anybody how painful it is for our servicemen and women to be asked to work in and around anybody showing the confederate flag which is simply adoration for the folks who fought to destroy the United States of America, not to unite it for the cause of protecting slavery.

You can imagine what young men and service women think about that. So, I commend him for his services and opinion. Secondly, I think Secretary Esper made the right decision and I thank him for that, but it is long overdue. And the way they did it, it is back handed. In my opinion, not appropriate.

We ought to have the courage to say forcefully and clearly once and for all that we are not going to revere people who honored the confederacy. There is a difference between remembrance and reverence. And oh, by the way, there is a huge difference between warriors and patriots.

And there's not another example in the world of a country honoring people that fought against the country. And so I think it is the right thing to do. It is long overdue. I think they should be forthright about it. The same should be said about the monuments and the same should be said about naming or renaming the bases.

LEMON: Yeah. Previously, the president has boiled the confederate flag down to a freedom of speech issue. Watch this.

(BEGIN VIDEO CLIP)

DONALD TRUMP, PRESIDENT OF THE UNITED STATES: All I see is freedom of speech. It's very simple. My attitude is freedom of speech. Very strong views on the confederate flag. With me, it is freedom of speech. Very simple. Like it, don't like it, it is freedom of speech.

(END VIDEO CLIP)

LEMON: So, mayor, as an elected official, give me that perspective. Does freedom of speech even apply to the display of this flag?

LANDRIEU: Well, first of all, the First Amendment is critically important to the salvation of a country. It is important that our citizens know they can redress their grievances against the government. So if someone wants to put a confederate flag in their pocket, walk up and down the street, God bless them, disagree with you but have at it.

That's different from having a public building or a public space, actually lift up the confederacy, which is what do you when you allow that flag to be displayed on public property.

As I said, there's a huge difference between remembrance -- people want to remember it, they can remember it however they want -- and reverence. And when we name things, especially on bases, it's a big difference.

The other thing, too, there is a huge number of heroes that have fought for the United States of America, Shawn being one of them. We have 12 bases or 11 that can be named after them. So, you know, I feel fairly strongly about this. I think the country is clear about it now. We have to put it in this proper place which is in the dustbin of history and call it for what it is.

LEMON: Gentlemen, thanks to both of you. I really appreciate it.

TURNER: Thanks, Don.

LANDRIEU: Thank you. LEMON: And I just want to make sure -- we have conversations like this on my new podcast. It is called "Silence is Not an Option," where we are taking on the tough questions about issues dealing with race in this country. You can find it on Apple podcast or your favorite podcast app.

Calls for the feds to get out of Portland after video shows unidentified officers detaining a protester. I'm going to speak with two reporters who broke the story, next.

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[23:40:00]

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LEMON: Tonight, the U.S. attorney in Oregon calling on the Department of Homeland Security inspector general to investigate federal officers detaining protesters in Portland without probable cause. Officers dressed in camouflage driving up to people in unmarked mini vans and detaining them.

Earlier, I spoke with the governor of Oregon, Kate Brown, who does not want the feds policing Portland. Now, I want to bring in two men who broke this story, Conrad Wilson and Jonathan Levinson, both reporters and producers for Oregon Public Broadcasting. Thank you so much for joining us. I really appreciate it, gentlemen.

Jonathan, I'm going to start with you. You and Conrad broke this story. It is so disturbing. It is hard to believe that this is America in 2020. What is going on there?

JONATHAN LEVINSON, REPORTER AND PRODUCER, OREGON PUBLIC BROADCASTING: Since protests started across the country in the end of May, it has been going every single night here, sometimes numbering, you know, over 10,000 people, more recently in the hundreds, isolated -- centered around the federal courthouse, police headquarters, and the county jail.

They are largely nonviolent. The protesters, you know, they throw water bottles at the cops sometimes. Police have said that people have thrown rocks. I've never seen that myself. They are predominantly nonviolent protests.

They have been met with a really alarming level of violence, I think. Tear gas, impact munitions, flash bangs at almost every night. The protests have ended that way.

And then on July 4th, the federal officers started playing a bigger role in the crowd control and the protest response. And their level of violence was just levels above what the police have been doing, same thing, tear gas and impact munitions, but more of the same, much higher quantities and also much less predictable.

The Portland police would give warnings and it would be incremental. You knew it was coming. The federal officers go from sort of relaxed and seeming very patient to -- just the streets are filled with tear gas and impact munitions are sort of flying everywhere.

[23:45:01]

LEVINSON: It's pretty scary.

LEMON: Conrad, listen, I want to play this viral video of an unidentified agent picking up a protester, no explanation, driving off in an unmarked van. Here it is.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE (voice-over): What are you doing? Use your words. What are you doing? Use your words. What are you doing?

UNIDENTIFIED MALE (voice-over): I haven't done anything wrong.

UNIDENTIFIED FEMALE (voice-over): Use your words. What is going on? Who are you? We'll get you out. What's your name? Tell us your name. OK. You're fine. We'll get you out. We got you, friend.

(END VIDEO CLIP)

LEMON: Listen, I'll just say that we don't know what occurred before that recording began. But these are the scenes that you described in your reporting. What happened in this video?

CONRAD WILSON, REPORTER AND PRODUCER, OREGON PUBLIC BROADCASTING: So the story we wrote is about Mark Pettybone (ph). He said he was at a protest on July 15th and around 2:30 in the morning or so, he was leaving, and that's when a van pulled up and out came men in camouflage.

They pulled his beanie over his eyes. They put him -- so he couldn't see, he says. They put him in a van. They drove him to the federal courthouse. He didn't actually know where he was going, but he was taken to the federal courthouse where he was searched, photographed. He was put in a U.S. marshal's holding cell there.

He was asked if he wanted to -- he was read his Miranda rights. He was also asked if he wanted to kind of give up those rights and answer some questions. He said no. He asked for an attorney. And the federal law enforcement said this is, you know, this interview is terminated. He spent about another 90 minutes or so in the cell there before he was released. As far as we know, he hasn't been charged with anything.

LEMON: So then for what? Why are they doing this? Offering no explanation? What is going on to you at least? We have a statement from him but what are they saying to the people who are actually there?

WILSON: Well, on NPR today, DHS deputy secretary acknowledged that this is something that they are doing. They basically said this is something that is happening. They haven't really spoken about Pettybone (ph) specifically.

The U.S. Marshal Service says, hey, this was not us. We didn't do this. But the Department of Homeland Security has acknowledged that this is something that they have engaged and practiced -- engaged in doing this.

So far, there have been about a dozen people or so that have been charged. And there is at least six that we know of that haven't been charged. It is unclear if Pettybone (ph) is one of those six or not.

LEMON: Yeah. Hey, listen, Conrad, I have to go. What are they being charged for? Do you know?

WILSON: Yeah. They're being charged with things like assault on a federal officer --

LEMON: Got it.

WILSON: Allegedly things like using laser pointers, misdemeanors. But there are other more serious crimes, too. There is one incident where a protester allegedly used a hammer, hitting a federal officer.

LEMON: Got it.

WILSON: But, you know, it's the minority of incidents. It is largely barely nonviolent.

LEMON: It is similar to what CBP said about the video that we are seeing there, said the suspect was -- they thought he was -- identified him as someone who had been destroying property and assaulting an agent, and that there was a large violent mob that forced them to do that with that man. Thank you very much. We appreciate it, gentlemen. We'll be right back.

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[23:50:00]

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LEMON: Tonight, an update on the Ahmaud Arbery case. He is a young, black man in Georgia who was chased down, shot, and killed back in February. Three men charged with felony murder, pleaded not guilty today. We'll get the very latest from Martin Savidge in just moments.

I want to get to some breaking news, though. Sadly, that I have to report this. Congressman John Lewis, a giant in the history of the civil rights movement, has died at the age of 80. Born the son of a sharecropper, he became one of the leaders of the civil rights movement who, by his own count, was arrested more than 40 times. He went on to serve 33 years in Congress.

Again, it gives me chills to report that, but John Lewis, a legend. Back in December of 2019, he was diagnosed with a stage four pancreatic cancer following a routine medical visit. And we know that he had been sick over the last months but still trying to make appearances during anniversaries.

He even showed up at the Edmund Pettus Bridge where he marched in. He had his skull broken by white police officers during that march across the Edmund Pettus Bridge in Selma. He was a leader for the civil rights group called the Student Nonviolent Coordinating Committee.

He was one of the key participants in 1965 civil rights protest pushing for voting rights from Selma to Alabama's capital, Montgomery, and left a legacy just as big as this world, as big as the universe.

[23:55:02]

LEMON: Let me bring in now CNN congressional reporter Lauren Fox with more on our breaking news, the death of Congressman John Lewis. Lauren, what are you hearing?

LAUREN FOX, CNN CONGRESSIONAL REPORTER: Well, Don, this is devastating news for Capitol Hill. I mean, he was often viewed by many people as the conscience of the Congress. He was someone that Democrats and Republicans alike looked to for guidance in tough moments, when it came to tough votes, when it came to moments in the country's history.

He was a legend on Capitol Hill. He was such an important and seminal part of the civil rights movement. And, you know, we just got a statement from House Speaker Nancy Pelosi. I just want to read a short bit of it. She said, John Lewis was a titan of the civil rights movement, whose goodness, faith, and bravery transformed our nation.

And you can just tell the outpouring that we expect to come as folks really remember their friend, their colleague, someone that many people went to for advice and guidance in tough moments when it came to this country's legacy with race and a legacy that the country is still struggling with.

You know, I talked to his staff many times over the years and spoke with a staffer of his today. You know, just a few hours ago, this morning, she said, you know, he was the bridge that connected what happened during the civil rights movement with the moment that we are living in now.

And members of Congress are going to miss him dearly. The country is going to miss him dearly. And, you know, he's just really, as Nancy Pelosi said, a titan.

LEMON: Lauren, he was also sometimes referred to as the conscience of the U.S. Congress. And he is known for getting into good trouble, as they would call it.

But I just need to tell our viewers again the sad news that we are reporting, Congressman John Lewis has died at the age of 80. Born the son of a sharecropper, became one of the leaders of the civil rights movement. He went on to serve Congress nearly 33 years in Congress. He was arrested, by his own account, more than 40 times.

And the video you are looking at there was the 55th anniversary. This is March 8th. It's a week-long celebration and commemoration of the Edmund Pettus Bridge, marching over that bridge for rights and freedom for all, for civil rights for all. And as he marched across that bridge, the original time, 55 years before then, he had his skull broken by white police officers during that march across the Edmund Pettus Bridge.

He is a key figure in the movement. One of just a -- just a giant when it comes to shaping the history of this country and shaping the consciousness of this country. Not just the Congress, but of this country.

And anyone who came into contact with Congressman John Lewis, if you spent any time, you could feel his stature, and you knew that he was -- you were in the presence of a living legend, respected by all, loved by all, and truly will be missed by all.

It had been said earlier as we were awaiting confirmation from the family and from the Congress that the family wanted to pay tribute to C.T. Vivian who also died today. Another civil rights icon died at the age of 95. And they were holding off on announcing John Lewis's passing. But the words started getting out. And so now, there is confirmation, two gentlemen dying today who really fought for the rights for all people in this country, the legendary C.T. Vivian and now the legendary John Lewis.

He represented Georgia's 5th congressional district, which includes much of Atlanta. He has been doing that since 1986. So, our breaking news tonight is the death of a legend in the history of civil rights. Congressman John Lewis has died at the age of 80. CNN's Martin Savidge has the story now of his life and times.

(BEGIN VIDEOTAPE)

MARTIN SAVIDGE, CNN ANCHOR AND CORRESPONDENT (voice-over): Throughout his life, John Lewis stood for people's rights. Born on an Alabama cotton farm into a segregated America, he had not only lived to see an African American elected president, he would be a major part of making it happen.

REP. JOHN LEWIS (D-GA): Tonight, tonight, we gather here in this magnificent stadium in Denver because we still have a dream! We still have a dream.

SAVIDGE (voice-over): Lewis, growing up, was angered by the unfairness of the Jim Crow South. He credited Martin Luther King Jr. for inspiring him to join the civil rights movement. And eventually, Lewis would become one of its most prominent leaders. As a student, he organized sit-ins at lunch counters.