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Don Lemon Tonight

President Trump Holds Press Conference At His Golf Club; White House And Dems No Deal On The Relief Package; President Trump Falsely Claims Virus Is Disappearing; Parents Worried About Safely Sending Children Back To School; Crowds Gathering for Motorcycle Rally Expected to Draw 250,000 and Without a Mask Rule Amid Pandemic; Jerry Falwell, Jr. Agrees to Take 'Indefinite Leave of Absence' From Liberty University. Aired 11p-12a ET

Aired August 07, 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]

CHRIS CUOMO, CNN HOST: I never imagined I would have, and you have embraced this show in a way that no one thought you would. So, thank you, thank you for giving us the chance. Thank you for giving me a chance. And thank you for watching.

CNN Tonight with the upgrade Laura Coates in for D. Lemon, right now.

LAURA COATES, CNN HOST: Chris, that was beautiful. Thank you.

CUOMO: Thank you.

COATES: Thank you for that. That was so touching all week long, you know, I look forward to hearing your life lessons and what's yet to come. I did make you a cake. But unfortunately, I love cake, and so I ate the cake.

CUOMO: Good.

COATES: But I thought of while I ate the cake.

CUOMO: You did me a favor. You did me a favor, because it's the last thing I need right now. I'm shape like the wrong kind of fruit.

COATES: It was a great cake.

CUOMO: I believe it.

COATES: And I really did think of you as the frosting -- you know, every there and all the crumbs, but I want you to know that all the crumbs that you think you're giving people are really so much more and you are so humble. And I appreciate you so much, and I wish you the happiest of birthdays. I'm not Marilyn Monroe despite the dress, so I'm not going to sing to you, but happy birthday.

CUOMO: Let me tell you something, when you are as an inspiration, it is a great, great ability as an anchor to have someone they know they can lean on with tough questions in tough situations, and get an analysis that will drive a conversation forward. That's why you are one of our best, thank you for being good to me, I know Don appreciate you being here as well, although, man are you an upgrade.

COATES: Well, I appreciate all of you, and thank you and happy birthday. I wish you the best.

CUOMO: Thank you very much 50 years. Fair and it still holds, look at that.

COATES: 50 years, and not a day over 22. Look at that. It's all you. It's beautiful.

CUOMO: I paid a lot of money for that rug. A lot of money.

COATES: I really feel like if at 50 all of the sudden you're going to come in with a red tie and then we're going to see something.

CUOMO: You have right, it will be extra-long to make me look slim. Have a good night.

COATES: Thank you, you too have a great weekend.

And this is CNN Tonight. I am Laura Coates in for the great Don Lemon.

And with the coronavirus death toll in this country now passing 161,000, as we are on the verge of 5 million cases, the president suddenly throws together a press conference. Not at the White House where you might expect the president of the United States to give the country important news, or even the work in during the crisis, but instead at his (inaudible) New Jersey golf club.

Roping in a bunch of members who pay hundreds of thousands of dollars to be at that club what was essentially nothing but a campaign appearance. Those members not socially distanced, most not wearing masks until reporters started tweeting pictures.

That's when White House staffers suddenly started handing out masks. Putting on a show, while Americans suffer and die. And just listen to the president's excuse for not following New Jersey's guidelines.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Just in this room you have dozens of people that are not following the guidelines in New Jersey which say you should not have more than --

DONALD TRUMP, PRESIDENT OF THE UNITED STATES: (Inaudible) you're wrong on that, because it's a political activity. They have exceptions, political activity and it's also a peaceful protest.

(END VIDEO CLIP)

COATES: Wait a minute, I thought he said it was a press conference? Now he admits it's a political activity. And then goes on to say it's a peaceful protest. A peaceful protest. So now peaceful protests justify breaking the rules? Well he sure didn't feel that way when he had those peaceful protesters gassed in Lafayette Park. So he could have his photo up on the steps of St. Johns Church. Stalling with the bible.

The president also claimed and he is going to take executive action, including a payroll tax deferment extending unemployment benefits and extending an eviction moratorium. If that is Congress doesn't make a deal on COVID relief. He made a lot of promises, but he did not actually sign a thing. And it's not at all clear frankly that he has even the authority to do any of this, but he doesn't really seem to care.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: Are you concerned about the reality of (inaudible) --

TRUMP: No. Not at all. No. Well, you always get sued, I mean, everything you do you get sued. I was sued on the travel ban, and we won. I was sued on a lot of things and we won. So, we'll see. Yes, probably we get sued, but people feel that we can do it.

(END VIDEO CLIP)

COATES: It's just another show. His new campaign manager has said their goal is to win every day between now and election day. But when your focus is winning days, instead of saving lives, well this is what happens. The president also bragging about adding jobs.

(BEGIN VIDEO CLIP)

TRUMP: We added 1.8 million new jobs in July, exceeding predictions for the third month in a row. And adding a total of over 9.3 million jobs since May.

(END VIDEO CLIP)

[23:05:07]

COATES: Look, adding jobs is a good thing. But those 9.3 million jobs the president is touting, more like 9.1, he's ignoring the fact that the economy shed some 22 million jobs in March and April. So we're actually still down, 12.9 million jobs during the pandemic. A pandemic, that's affected nearly 5 million Americans and killed more than 161,000. And all of those people out of work, they need a deal made. Isn't that supposed to be your specialty?

I'm want to talk about the president's news conference tonight with CNN White House correspondent Jeremy Diamond. Jeremy, I'm glad that you are here tonight, to give us the story and tell us what happened. I mean, the president did not -- as we know, he didn't actually sign an order. And frankly Jeremy, it's not at all clear that he can do the things that he is saying. So, this must be about the campaign?

JEREMY DIAMOND, CNN WHITE HOUSE CORRESPONDENT: Well, I think its twofold Laura, I think that the president here is trying to increase the pressure on Democrats in order to actually get this phase force stimulus deal done. Keep in mind these two sides, despite more than 20 hours of negotiations over the last two weeks, are still more than one trillion dollars apart.

So, I do think there is a part of this were the president and his team have repeatedly been waving the executive orders over the negotiators heads, to try and pressure something, but so far it doesn't seem to be working. And that's really were you get to the other side of this, which that it is political.

It is the presidents telling his supporters look, the Democrats aren't able to do this. The Democrats won't give us a deal. And so I am going to act unilaterally to take care of you the American people. I do think that's part of the president's political objective here. But that brings us to the next question which is something you raised, which is the notion of does the president actually have the authority to do this.

And it is not clear at this point that the president does have that authority specifically when you are talking about taxing power which is typically the power of Congress. And the president here talking about suspending the payroll tax. That seems unclear and the White House so far hasn't provided any details on exactly what mechanisms the president would use to get that done unilaterally.

COATES: Well, I mean, the constitutional devil is in those details. Is it not, but before the event tonight, Jeremy the president to the crowd at his golf club and he actually was caught on a hot mic explaining what he was about to do. Listen to this.

(BEGIN VIDEO CLIP)

TRUMP: Hello everybody, hello everybody. Thank you, so, we are going to do a press conference and I thought you were here you might as well come in and see. You will get to meet the fake news tonight.

(APPLAUSE)

(CHEERS)

You will get to see what I have to go through. All my killers are there wow. So, you will get to see some of the people that we deal with every day. It's like a history lesson for your children, tell your children about it.

But, we have a lot of good news about the economy, a lot of good things happen today. Otherwise I wouldn't have a press conference. So that's it, so enjoy it and we will be out in a little while. They will be coming probably 15 minutes. Thanks a lot everybody, enjoy it.

(END VIDEO CLIP)

COATES: Enjoy it. Enjoy it. So, this is why the president wanted to do this, Jeremy?

DIAMOND: Yes. Look, this is vintage Trump, and if you had any question about the extent to which the president misses his political rallies, you've got a pretty clear indication today because what you saw the president do during his quote unquote news conference was really deliver a campaign rally speech. Except his audience rather than the thousands of people he typically likes to see in a crowd, was about a dozen reporters and a few dozen members of his personal golf club.

And frankly, this reminded me of those days back during the 2016 campaign, when the president had these victory nights, where he also did the same thing. They were quote unquote press conferences, but also packed with a couple dozen members of a Pina Gallery, who would be cheering him on during these addresses.

And so the president certainly here is reveling in the showmanship, and it is a big part of it, right? Beyond the policy of this, beyond the executive order, beyond what this could do to potentially help Americans and address the situation with this deadlock in Congress, the president is putting on a show here. And I think it was pretty clear.

COATES: It is indeed, thank you Jeremy so much. And I can't even believe that he says we have a lot of good news. Enjoy it. Well, now I want to bring in Toluse Olorunnipa who is White House reporter for the Washington Post who was at the president news conference. Toluse, I'm so glad to see you tonight. It's always a pleasure to talk to you.

You know, you are the reporter who actually press the president over his club members violating social distancing guidelines. And is see that your screen is a little back to the future (inaudible), you're trying to disappear for us but I know you'll be back. And you said -- he said it was a peaceful protest, and so they can freely violate the state of New Jersey's rules apparently it's considered a peaceful protest all of a sudden? When did that happen?

[23:10:10]

TOLUSE OLORUNNIPA, CNN POLITICAL ANALSYT: Yes, I try to ask the president about why he was holding this essentially a small rally of upwards of 100 people in an indoor space at his New Jersey golf course even though the New Jersey guidelines say you really should have more than 25 people in any room even if it's a political event you should have more than 100 people in the room.

And in doing so, you should have people social distancing, wearing masks, and that just wasn't happening. So, I try to ask the president about this, he shot back that this was a peaceful protest, and this was allowed, and that essentially people were wearing masks, obviously when people first came in they were not wearing masks.

Somebody from his staff saw that, you know, reporters were reporting that they were violating all these New Jersey guidelines, and then all of a sudden, they got some masks and handed them all out. And people started wearing masks, but they were still huddled together.

It was still sort of a super spreader kind of events. That type of thing that public health guidelines say you should not be doing. And there was no real purpose for it. Those people did not have to be in the room, the president was not announcing anything major or significant. And he actually put them at risk by having them all gathered in there. And he put himself at risk by being in the same room with people who have not been tested who are gathering together and potentially having the virus spread in his own club.

And it was not showing a good example for the rest of the country about what -- how business owners should be operating and how, you know, the public should be operating, holding nonessential meetings and nonessential gatherings of large groups of people who are not wearing masks.

COATES: I'm glad you mentioned the point of nonessential meeting. Because I repeat, the president did not issue an executive order, it wasn't as if he was giving some breaking news. He was talking about the issues and he was, well, a little bit skirting the issues as well.

But tell me, we could see the reaction of the crowd as much. We heard the soundbite where they reacting to the idea of fake news as he calls it being in the room, what was the reaction of the audience members who were gathered there in a non-socially distance way, what was the reaction during his speech? And as he calls a peaceful protest and gathering?

OLORUNNIPA: Well it was nothing like the big rallies that Jeremy talked about, where you have thousands of people who are amped up and energize. People came in early. They had their wine glasses and they seemed to be serve like a Friday evening soiree. Where people were just having a good calm evening. But after the evening kept going for minutes upon minutes, I think he spoke for upwards of 45 minutes, even before he took questions.

It started to get a little long, long winded and some of the people seem like they were kind of shifting on their feet. I saw some of the children start to sit on the floor. It was not a lot of call and response, not a lot of clapping or cheering during the president speech. It was only at the end where he started going after the media and attacking that the crowd really got engaged.

But it did seem like the president does miss those big rallies were he's able to get that feedback from his supporters. That wasn't this. You had, you know, sort of, wealthy country club goers who spent a lot of time just sort of standing there listening to the president waiting for him to wrap up.

And towards the end, it seems like they were kind of lost interest and there wasn't a lot of energy in the room. And you know, all of that for the fact that they were also sort of risking their health by being.

COATES: Toluse, thank you so much.

All in search of instant gratification, but you know what would be instantly gratifying? If the numbers actually went down. Thank you for joining us.

But joining me now, CNN medical analyst Dr. Jonathan Reiner and political commentator Amanda Carpenter. So glad to see both of you here today. Haven't seen you Amanda in a while and good to see you. And I'm happy that you're here. Dr. Reiner, I want to begin with you, because you know, what did you

think about the scene there at the presidents club tonight? I mean, it was obviously a peaceful protest, so what were your thoughts about the social distancing and the absence of masks initially?

JONATHAN REINER, CNN MEDICAL ANALYST: Well, the president has a learning disorder. He just cannot get this right. And when -- he just cannot understand is that we are in a crisis. 1,200 people died today.

That's eight 737s packed with our parents, and our brothers and sisters, and our grandparents, and our business partners, and our neighbors. And eight planes crashed today and will crash tomorrow and the day after the day after that, and a lot of the reason for that is lies at his feet. His failure to model leadership, to put the pandemic down.

You know, his failure to model safe behavior outside, which is wearing a mask, encouraging your supporters to wear a mask, he brought supporters unmask to Tulsa in the middle of their highest outbreaks. He brought supporters to Phoenix, he brought supporters to Mount Rushmore. And today he brings supporters unmask to his own club. He just cannot get it right. And it would just be frustrating if it wasn't killing so many people. I don't understand it.

[23:15:04]

COATES: Eight planes. Every time I hear that or even think and contemplate that, my stomach sinks. And I think I'm watching a horror movie, but I'm actually watching the news. Amanda, how does it look at the president is giving the speech by the way on employment relief, but he is doing it from a private New Jersey golf club. Are the optics right here?

AMANDA CARPENTER, CNN POLITICAL COMMENTATOR: Listen, this press conference speech rally show, whatever you want to call it was a disaster before he even started speaking. And that is because there were supporters there, not masked, not socially distanced -- distancing in violation of New Jersey law.

Listen, were both moms, we have to mask up us and our children every time we go into the store. And so when you watch this, as a regular person, you just see these are people who played by different rules. They think this is a joke. They are going to go on to this golf club, they're going to have their wind. They're going to have a nice weekend. Meanwhile we are still locked up. And then Donald Trump stands up there, and he says the virus is disappearing, it's disappearing. That is not true.

And then when you get to the meat of this press conference where he says he's going to take these unilateral actions to help alleviate people who have been impacted by coronavirus, what are you doing? He is on the golf course. Nobody is in Washington working on this, and he is on the golf course trying to give a speech in front of a bunch of supporters to make himself feel good and try to reset his campaign when he can't get away from this virus. COATES: Every day would be an opportunity to use his golfing as

analogy. It would be mulligan opportunity to get it right every day, but as Dr. Reiner's talking about every day he continues not to do it. Another question for you Amanda, you know, President Trump says that he's going to pursue executive action to do, well to do what Obamacare already does. Listen to this.

(BEGIN VIDEO CLIP)

TRUMP: We will be pursuing a major executive order requiring health insurance companies to cover all pre-existing conditions for all of its customers, this has never been done before.

(END VIDEO CLIP)

COATES: It's never been -- well, actually it has been done before and it's called Obamacare. And it's the law of the land, right as we speak on this Friday night, it already covers pre-existing conditions. So, can you explain that to me? Especially when you add that the Trump administration is fighting right in the courts to get rid of Obamacare?

CARPENTER: I think there must be policy people giving him notes that don't understand what President Obama did or even what President Trump campaigned on in 2016.

Republicans campaigned on repealing Obamacare. And now Donald Trump said he's going to write an executive order to reinforce the biggest plank of Obamacare. It makes no sense. What he said about unemployment, how he is going to unilaterally pursue unemployment and enhancements, it didn't make any sense.

Because his economic team just this week has been saying, we are not going to give those people an extra $600 a week, because we are paying them to stay home. And now he stands up and cut the legs off from under them. So, this is a mess, if you're wondering why nothing is getting done in Washington, why there's gridlock? Trying to make sense of that press conference. Because I doubt their own communications team can right now.

COATES: And Dr. Reiner, of course as you know, I mean the numbers that you gave, we all shutter about tomorrow and the next day and the next day as we know what lies ahead. Unfortunately, what does not have to be, thank you to both of you, Dr. Reiner and Amanda Carpenter. I appreciate it.

You know, major concerns over how to reopen schools. This as New York has given me all clear for in person learning. Next a top doctor weighs in on how to keep our kids safe.

Plus a huge motorcycle rally kicks off in South Dakota, this is actually a live picture you are seeing. The biggest gathering in the U.S., since the pandemic began. And there is no mask rule.

(COMMERCIAL BREAK) COATES: Breaking news tonight, the COVID-19 death toll in the United

States is now more than 161,000. The number of confirmed cases almost 5 million. The president falsely claiming tonight that the virus is disappearing though.

I want to bring in William Haseltine, who is the former professor at Harvard Medical School. I'm glad you hear professor, thank you for joining us. You know, you heard the president again saying that this virus is disappearing despite the numbers that we continue to report.

I mean, what message does that send to people out there that need to be wearing masks that need to be socially distancing to hear that it's disappearing from the presidents of the United States?

WILLIAM HASELTINE, CHAIR AND PRESIDENT ACCESS HEALTH INTERNATIONAL: Well, it certainly is not the case. The virus is spreading. As you mentioned, it's infected a large number of people today yesterday and it will tomorrow. And even larger number. We have had enormous numbers of deaths in this country, and now it's projected they may rise to 300,000. Let me just give some comparative numbers.

When we had 60,000 people infected in one day, China have 35. When we've had 1,250 people die, China had none. This virus can be controlled, with leadership, with coordination and we are not doing it.

A lot of that responsibility lies with the confusion and the mixed messages, and the lack of resolve. There are some very simple things that we can put a big dent, right now, and that is ramp up testing using a two tear testing system where you use an antibody test to screen out about 80 percent of the people right on the spot, within 30 minutes. Followed by a PCR tests, that can be returned much more quickly.

[23:25:12]

That could immediately tell people, who are contagious, to isolate. That could put in immediate dent and stop the rise and drive this infection down. Why we are not doing it, I cannot explain it. Nor can anybody who is in my profession. It is absolutely astounding.

COATES: I mean, the comparative statistics you just gave, are equally astounding. And as is the idea that we don't yet have a comprehensive plan at the federal national level. You know, the nation's parents and teachers as you know, are in complete turmoil.

I mean, they are trying to decide what to do about reopening schools and you have got a new guide with advice about that -- and the COVID back to school guide is right there on our screen there, so what are you advising parents like myself to do who are faced with this dilemma and are watching our nations school system grapple with this issue?

HASELTINE: Well, Laura, first let me say, you are like many parents. Confused as to what to do. It is deep confusion, because there is no single believable voice, telling us, helping us. What I try to do with this book, and I cannot answer everybody's questions, but I can at least give a guide as to how to frame the questions that you should be asking, and give you a way to get the answers that fits your community.

The first thing to say, is there is no answer across the country. Because, first and foremost it depends on how many people you are likely to run into who are contagious. How many people might be contagious in your school? That changes dramatically across the country. This is a living e-book, so it gets updated all the time. We put in maps and give you advice on how to find the information for your zip code. And the zip code of the teachers, and the zip code of the maintenance people.

First thing, know you're environment. Second thing, are you at super high risk, are you pregnant? Have you had cancer? Does your child have asthma? Is somebody in your family old or obese? What are your wrists? And finally, find out what your school is actually doing. There is a whole series of things schools could do. Some will do it well. Some won't do it well.

If you are going to send your kid into an environment which might be dangerous, you want to know. If you are going to send your kid to a picnic, you want to know if there's going to be a thunderstorm. It's very straight forward, what are they doing to protect your child? And we have tried to give you some help to understand that.

COATES: Professor, so informative and so helpful to give that guy, and I love that is updated in real time as every day we are learning more and more and you account for that. Thank you.

HASELTINE: You are welcome.

COATES: You know there is a massive rally, speaking about the idea of how many people are going to be in a particular area, and the idea of susceptibility I mean, there is a massive rally underway in South Dakota. And get this, there is no masks that are required. We will go there live.

Plus, an update on a story we brought you yesterday. A Georgia high school student, suspended after posting this photo of a crowded hallway to social media. That's up.

(COMMERCIAL BREAK)

[23:30:00]

(COMMERCIAL BREAK)

COATES: Hundreds of thousands of people are expected to pour into Sturgis, South Dakota. This is the biggest public gathering in the U.S. since the coronavirus pandemic began gets underway. The annual Sturgis Motorcycle Rally is not requiring masks and some people are openly defying social distancing.

CNN national correspondent Ryan Young is there right now. Ryan, I'm glad to see you tonight. Thank you for being here. I hear the motorcycles behind you and see the live shot. As many as 250,000 people, Ryan, could flood into Sturgis. I mean are people taking precautions as far as you can tell and see?

RYAN YOUNG, CNN NATIONAL CORRESPONDENT: First things first. You remember those times before COVID where people used to get together and have a good time? That seems like it's all gone away, Laura. But here, that is not the case. I'll say people are out in droves. They are out in droves. There are very few people wearing masks.

This has been doubtful to us all day long. We've been talking to a lot of the riders and they basically said, look, it's their right to not to wear a mask in this area.

If you look behind me or just listen, you can see how packed the areas are around here. The bars are packed. The streets are packed. People said they have been waiting with pent-up emotion to come here because this ride, this area, meant so much to them.

Much of the day, we've been seeing license plates from Arizona, from Utah, from as far away as Florida, because people say this was so important to be able to have this freedom, the freedom of expression, because that is what they do when they ride the bike, especially without a helmet.

But even in this direction, when you look at the bars, they are packed from top to bottom. They said they plan to be here to party all night. Listen to the one biker that we talked to just a few hours ago about why he is here.

(BEGIN VIDEO CLIP)

YOUNG (voice-over): What were you thinking when you're coming from Florida?

UNIDENTIFIED MALE: I'm doing it no matter what's going on. I'm going. I don't care if it's closed down. I'm going. They can all kiss my ass. I'm going.

YOUNG (voice-over): I've heard talk about social distancing, wearing masks --

UNIDENTIFIED MALE: That's crap. That's crap. We don't -- we don't agree with it. We think it's political.

(END VIDEO CLIP)

YOUNG: And so you can understand those feelings from some folks. We know that it's going to grow as more people start to come into the area and the next few days. There will be concerts planned as well.

[23:34:59]

YOUNG: A lot of people say there's a lot of acreage for people to spread out. We will have to see how this turns out.

COATES: Ryan, I can't believe I'm still hearing people say that it's nothing, it's all sort of a political thing. And of course, when you said Florida, in my mind, I thought they are bringing what's happening to Florida to South Dakota now, as well.

Ryan, thank you so much for being there. Stay safe.

I want to bring in Jeff Barth, commissioner of Minnehaha County, which by the way includes Sioux Falls. Jeff, I'm glad you're here, thank you for being here this evening.

You know, you say that many of your neighbors in Sioux Falls are actually going to head to Sturgis for the rally. Others are travelling through Sioux Falls to get to the rally.

How worried are you that people will bring the virus right back home to Sioux Falls?

JEFF BARTH, COMMISSIONER, MINNEHAHA COUNTY: Well, absolutely, they will bring it through Sioux Falls on the way there and will bring it back through on the way back.

You know, whatever goes on in Sturgis doesn't stay in Sturgis. It travels home with you, whether it is coronavirus or STD or criminal record or, you know, whatever. It's a little scary to have this many people come.

And you know, I understand the idea of the freedom of it all, because I've been to the rally myself and seen people having a lot of fun. But at the same time, every year, there is some trouble, and I worry about my own community this year.

Honestly, I have a grandson named Jack and if you wanted to ride his bike through South Dakota and go to the rally, I would say, don't do it, Jack, stay home and read a book. It's not safe.

COATES: Well, some bikers, as you know, if you look at the footage there, they are openly defying wearing masks. So, I mean, is there anything you can think of that could be done?

I mean, to really convince them that the masks are essential to keep not only themselves safe but everyone else around them, as you say, the things that might happen in Sturgis aren't going to stay just in Sturgis, how can we convince people, anything to keep them understanding or at least persuaded to do the masks?

BARTH: You know it's too late. And honestly, the people in Sturgis were wondering what to do. But these hundreds of thousands of people are going to come, whether they allow it or not. There is just no way to have prevented this debacle from happening.

You know, the -- I think Sunday, maybe six months from now, we will see tombstones that say, he went to Sturgis, and that will be on their grave site.

I would encourage people not to go to Sturgis now. Come back when things are less busy. Come back and don't mingle in these massive crowds.

COATES: Well, you know, when you think about it, Sturgis isn't going anywhere, but the coronavirus could go away if we do the right things.

Thank you for your time and your thoughts this evening.

BARTH: You're welcome.

COATES: Be safe.

Controversial Liberty University President Jerry Falwell, Jr. is taking now an indefinite leave of absence, and it's coming right after he posted a questionable photo on social media. That's next.

(COMMERCIAL BREAK)

[23:40:00]

(COMMERCIAL BREAK)

COATES: Today, the controversial head of Liberty University, Jerry Falwell, Jr., has agreed to take an indefinite leave of absence from his role as president and chancellor of the university. This after a strange vacation photo had a lot of people asking questions.

CNN's Tom Foreman has the story.

(BEGIN VIDEOTAPE)

JERRY FALWELL, JR., PRESIDENT, LIBERTY UNIVERSITY (voice-over): She's pregnant, so she couldn't get her -- she couldn't get her pants zipped.

(LAUGHTER)

FALWELL (voice-over): And I was like -- trying to like -- I had on a pair of jeans that I haven't worn in a long time, so I couldn't get mine zipped either.

(LAUGHTER)

FALWELL (voice-over): And so I just put my belly -- I just put my belly out like hers.

TOM FOREMAN, CNN CORRESPONDENT (voice-over): The picture of Liberty University President Jerry Falwell, Jr. with a woman he says is his wife's assistant caused instant outrage for some tied to the staunchly conservative school. And while he expressed regret for posting the image on Instagram, his explanation didn't help.

REP. MARK WALKER (R-NC): I just think that there is a code that leaders have to live by, especially when you are leading the largest Christian evangelical university in the country.

FOREMAN (voice-over): Earlier this year, Falwell posted an image of a person wearing blackface standing next to another wearing a Ku Klux Clan hood and robe. He apologized then to, but it triggered another outcry.

Now, the school board of trustees has asked them to take in indefinite leave of absence, and they say Falwell has agreed.

(APPLAUSE)

FOREMAN (voice-over): Falwell has been a chief cheerleader for President Donald Trump among white evangelicals, just as his father, Jerry Falwell, Sr., was for Ronald Reagan decades ago when he founded the Moral Majority.

FALWELL, JR.: We must unite behind Donald Trump and Mike Pence.

FOREMAN (voice-over): But in recent years, Falwell, Jr. has drawn sharp criticism over how deeply he has dabbled in politics --

[23:45:01]

FALWELL, JR.: My boys always have guns in their hands.

FOREMAN (voice-over): -- over his management of university business. Despite the critics, Falwell has never backed down, especially over his support of Trump.

FALWELL, JR.: We are not electing a pastor-in-chief, we are electing a commander-in-chief.

FOREMAN (on camera): CNN reached out to Mr. Falwell to see if he has anything else to say about these latest actions. No reply yet. But I will say that he has said numerous times over the years, look, I am not a minister like my father was, but he has now lost a very powerful pulpit. Laura?

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COATES: Thank you, Tom, for that.

Serious questions in Louisiana as the state's Supreme Court upholds a black man's life sentence for stealing hedge clippers. You heard me right. And the only justice who dissent the sentence is a black woman. I make my case, next.

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[23:50:00]

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COATES: Fair Wayne Bryant. I'd love to show you his face. But if not for the attention to this case, we wouldn't even know his name. And what has happened to him is the epitome of unfair.

At the age of 38, in 1997, Fair Wayne Bryant was sentenced to life in prison for attempting to steal hedge clippers. Yes, you heard that correctly, attempting to steal hedge clippers, used in landscaping.

Why a life sentence? Well, because Louisiana believes that Bryant's criminal record, comprising mainly of nonviolent offenses, makes him a habitual offender, who should never, ever be free. Habitual offender is a phrase that gets used often, sure. But if you really understand the history of habitual offender laws in this country, you will see that often they're an extension of black codes and pig laws meant to criminalize black lives in the post- reconstruction era in the south.

What's a pig law, you ask? Well, pig laws were created to unfairly punish blacks for petty crimes. The phrase derives from laws meant to punish the stealing of cattle and farm equipment or, as you guessed it, swine.

One member of the Louisiana State Supreme Court and the lone dissenter in the court's decision to uphold Fair Wayne Bryant's life sentence called the modern habitual offenders laws an extension of those pig laws.

Chief Justice Bernette Johnson is the only woman and only black member of an otherwise all white male state supreme court. And yes, Bryant had committed four felonies prior to attempting to steal hedge clippers. And of those four convictions, only one was violent, an attempted armed robbery of a cab driver back in 1979, which he served 10 years for.

The others, they were nonviolent, ranging from forging a check to possession of stolen goods to theft. He served another four years for the theft conviction. The Louisiana Supreme Court found that these convictions made him a habitual offender, justifying a life sentence.

Forget that he had paid his debt to society with his completed incarcerations. And Fair Wayne Bryant didn't even ask the court to really overturn his conviction. Fair Wayne Bryant just wanted a fairer sentence.

But five justices, all white men, wouldn't even do that, denying Bryant's request. Chief Justice Johnson, now, she tried to appeal to the obvious notion that the punishment does not fit the crime, writing in her dissent, "This man's life sentence for a failed attempt to steal a set of hedge clippers is grossly out of proportion to the crime and serves no legitimate penal purpose."

Neither that, nor the existence of systemic racism, persuaded any of them. She even tried to appeal to their financial sensibility, saying, "Mr. Bryant has already spent nearly 23 years in prison and is now over 60 years old. If he lives another 20 years, Louisiana taxpayers will have paid almost $1 million to punish Mr. Bryant for his failed effort to steal a set of hedge clippers."

To no avail. So today, at the age of 62, Fair Wayne Bryant, who we don't even have a picture of to show you, stands to serve the rest of his life in prison.

But, you see, when a nation fails to redress injustice, it is our conscience that will be shackled. It's our progress that will be restrained. It's the promises of freedom and equality and America itself that's going to languish behind bars, and not only for the rest of our lives, no, but those of our children. [23:54:54]

COATES: America will be the habitual offender of justice, the longer it disregards the role of redemption in our criminal justice system and turns a blind eye to injustice. And, after all, where would America be if it never had the chance to redeem itself?

We'll be right back.

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COATES: We have an update for you on a story we first brought you just last night, the story of a young woman getting into good and necessary trouble, as Congressman John Lewis would say, and ending up winning the day.

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COATES: Fifteen-year-old Hannah Watters, a sophomore at North Paulding High School in Georgia, was suspended for violating her school's code of conduct by posting a photo of a school hallway crowded with students in the middle of a pandemic.

She told me last night she did it because she was concerned for the safety of everyone. Well, today, Hannah's suspension has been reversed, and she tells Chris Cuomo this.

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HANNAH WATTERS, NORTH PAULDING HIGH SCHOOL STUDENT: People shouldn't have to be risking their lives to go to work, to go to school.

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COATES: Hannah says she'll be back in school on Monday. But she could teach all of us a lesson. You're never too young to stand up for what's right. Listen to what she says about that.

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COATES (on camera): Do you regret doing any of this?

WATTERS: I'd like to say that this is some good and necessary trouble. So, I don't regret doing this because it's -- it needed to be said.

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COATES: Good and necessary trouble, indeed.

Thank you for watching. Our coverage continues.